Scherbenske
Scherbenske v. Wachovia Mortg., Fsb
Opinion
Opinion
Karlton, J.
ORDER
This ease appeared before the court on May 8, 2009 on plaintiffs motion for a temporary restraining order. In the interest of expedition, the court denied the motion by order on that day, indicating that it would explain the basis of the denial more fully in a subsequent order. This order is issued for that purpose.
I. BACKGROUND AND ALLEGATIONS
A. Background of the Motion
This case originated in the Bankruptcy Court of the Eastern District of California. On March 16, 2009, defendants moved to withdraw the reference to the Bankruptcy Court, representing that this case raised claims under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. A review of plaintiffs First Amended Adversary Complaint in case number 2:09-ap-2010 confirmed this. After more than three weeks had passed, plaintiff had not filed an opposition to the motion to withdraw the reference and we granted the motion. That order provided that all previously scheduled hearings and previously entered orders in the adversary case in the Bankruptcy Court were vacated.
On April 29, 2009, plaintiff moved for a Temporary Restraining Order (“TRO”).…