UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 28, 2012
ERIC ROUSSEL, AN INDIVIDUAL
WELLS FARGO BANK, N.A., A/K/A WACHOVIA MORTGAGE, A DIVISION OF WELLS FARGO BANK, N.A. AND F/K/A WACHOVIA MORTGAGE, FSB; NDEX WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND ALL PERSONS OR ENTITIES UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THIS COMPLAINT ADVERSE TO PLAINTIFF'S TITLE THERETO, AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.
[PROPOSED] ORDER GRANTING EX
PARTE APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND ORDER TO ) SHOW CAUSE
ORDER TO SHOW CAUSE
To Defendants WELLS FARGO BANK, N.A., A/K/A WACHOVIA MORTGAGE, A DIVISION OF WELLS FARGO BANK, N.A. AND F/K/A WACHOVIA MORTGAGE, FSB;
NDEX WEST LLC.; Based upon the verified complaint filed in this action
and on the
declarations filed herewith, you are ordered to appear on
October 10, 2012
_________ a.m. / p.m. in Courtroom __
of this Court located at United States District Court,
Northern District of California, County of SanFrancisco, located at
50 Golden Gate Ave.
to show cause why a
preliminary injunction should not be ordered to
stay the foreclosure sale set for October 1, 2012
at 2:00 p.m., on Plaintiff's residence located at 1344 Clayton Street,
San Francisco, CA
94117 (hereinafter "Property"), and restraining
and enjoining you and your employees and
agents, or any other persons acting with you or
on your behalf from transferring ownership of
or further encumbering the subject property.
Pending hearing on the Order to Show Cause, you, your employees and agents, and any other persons acting with you or on your behalf are ordered to stay the foreclosure sale set for October 1, 2012 on the subject property, and you are further restrained and enjoined from transferring ownership of or further encumbering the property located 1344 Clayton Street, San Francisco, CA 94117.
IT IS FURTHER ORDERED
This Order to Show Cause and Injunctive Relief and supporting papers shall be served on Defendants no later than _______________________ 5pm October 2, 2012 by personal service/facsimile transmission/overnight mail. Proof of such service shall be filed at least ______ court days prior to the hearing.
Any opposition papers to the Order to Show Cause shall be filed and served on Plaintiff by personal service/facsimile transmission/overnight mail no later than ___________________. 5pm October 5, 2012
Any reply papers to the opposition shall be filed and served on Defendants by personal service/facsimile transmission/overnight mail no later than pm October 8, 2012
The restraining order granted herein shall expire on
October 11, 2012
District Court Judge
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