Free Order on Motion for TRO - District Court of California - California

Case 3:08-cv-00943-DMS-NLS

Document 11

Filed 06/09/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 vs. 15 16 17 18 Defendant. 19 20 21 22 23 24 25 26 27 28 On May 28, 2008, Plaintiff filed a complaint and ex parte motion seeking temporary restraining order to enjoin the foreclosure sale of his residence. The foreclosure sale initially was scheduled for May 29, 2008, at 10:00 a.m., but was postponed until June 12, 2008. Accordingly, the Court heard this matter on June 6, 2008, on a motion for preliminary injunction. Matthew E. Podmenik appeared for Defendant Midland Mortgage Co at the hearing and Plaintiff appeared pro se. By stipulation of the parties, Plaintiff's motion to enjoin the sale of his residence is granted subject to Plaintiff posting a $25,000.00 bond with the Clerk of Court by Wednesday, June 11, 2008, 12:30 p.m. Upon posting such bond, Defendants shall be enjoined from foreclosing upon the subject property located at 1149 Thistlewood Avenue, Chula Vista, California, 91913, until further order of -1DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; MIDLAND MORTGAGE CO.; AND QUALITY LOAN SERVICE CORP., BRUCE W. ORMAN, Plaintiff, CASE NO. 08CV0943 DMS (NLS) ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION SUBJECT TO POSTING BOND

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

08CV0743

Case 3:08-cv-00943-DMS-NLS

Document 11

Filed 06/09/2008

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the Court. If Plaintiff fails to post bond as set forth in this Order, Defendants may proceed with foreclosure in accordance with the noticed sale. IT IS SO ORDERED.

DATED: June 9, 2008

HON. DANA M. SABRAW United States District Judge

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08CV0743