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Foster v. SCME Mortgage Bankers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 28, 2010

GARY L. FOSTER, PLAINTIFF,
v.
SCME MORTGAGE BANKERS, INC. A CALIFORNIA CORPORATION; CLEVER KEY FINANCIAL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; WEST COAST MORTGAGE, A BUSINESS ENTITY OF UNKNOWN FORM, HOMECOMING FINANCIAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. A DELAWARE CORPORATION; AURORA LOAN SERVICERS, LLC A DELAWARE LIMITED LIABILITY COMPANY; CAL-WESTERN RECONVEYANCE CORPORATION, A CALIFORNIA CORPORATION; FREDERICK WINSTON WILLIAMS II, AN INDIVIDUAL; AND DEBORAH DIAZ, AN INDIVIDUAL,, DEFENDANTS.

ORDER

On April 28, 2010, plaintiff filed an amended complaint (Docket No. 33) and a motion for preliminary injunction (Docket No. 29) to stop the foreclosure sale of his home currently scheduled for May 7, 2010. Plaintiff concurrently filed a motion to shorten time on the hearing on plaintiff's motion for preliminary injunction so that the motion could be heard before the foreclosure sale goes forward. (Docket No. 26.) Despite knowing since early April that the foreclosure sale had been rescheduled to early May, plaintiff failed to file his motion for preliminary injunction in time to allow it to be heard on the court's regularly scheduled law and motion calendar. See E.D. Cal. Local R. 230(b), 231(d). The court will therefore consider plaintiff's motion as one for a temporary restraining order.

IT IS THEREFORE ORDERED that a hearing on plaintiff's motion for temporary restraining order is set for May 6, 2010, at 9:00 a.m.

IT IS FURTHER ORDERED that any opposition to plaintiff's motion for a temporary restraining order be filed by May 3, 2010, and any reply be filed by May 5, 2010.

20100428

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