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Tracey Hobbs and Rodney Hobbs, et al v. Wells Fargo Bank N.A.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 15, 2012

TRACEY HOBBS AND RODNEY HOBBS, ET AL., PLAINTIFF,
v.
WELLS FARGO BANK N.A., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

For the Northern District of California

ORDER RE BRIEFING ON APPLICATION FOR TEMPORARY RESTRAINING ORDER

Plaintiffs seek to enjoin a foreclosure sale presently scheduled for Monday, November 19, 2012. No later than 2:00 p.m., on Friday, November 17, 2012, defendants shall file any opposition 20 to the application for a temporary restraining order. Defendants may presume that the Court is 21 familiar with the arguments presented on the merits of the claims in the pending motion to dismiss. 22

Defendants' brief should include, however, a discussion of the claim under Civil Code § 2923.5 that 23 addresses Osorio v. Wells Fargo Bank, 2012 WL 1909335 (N.D.Cal. 2012). By the same deadline, 24 plaintiffs shall file a supplemental brief and/or declarations addressing the fact that they did not seek 25 injunctive relief until three court days prior to the scheduled foreclosure, notwithstanding the fact 26 that this action has been pending in this court since early August. 27 28

In the alternative, the parties are strongly encouraged to attempt to stipulate to a continuance 2 of the foreclosure sale for 30 days, to permit the propriety of further injunctive relief to be given 3 more fulsome consideration. 4 5

IT IS SO ORDERED.

20121115

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