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Amimena v. Vericrest Financial, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Oct 1, 2013
Civ. S-12-0901 LKK/JFM (E.D. Cal. Oct. 1, 2013)

Opinion


CHARLES ALIMENA and CHERYL AMIMENA, Plaintiffs, v. VERICREST FINANCIAL, INC.; CITIMORTGAGE, INC., LSF7 NLP VI TRUST; CR TITLE SERVICES, INC.; LOAN STAR FUND, and DOES 1 through 50, inclusive, Defendants. Civ. No. S-12-0901 LKK/JFM United States District Court, E.D. California. October 1, 2013

          ORDER

          LAWRENCE K. KARLTON, District Judge.

         Pending before the court is defendants Vericrest Financial, Inc. and LSF7 NPL VI Trust's motion to modify or dissolve the preliminary injunction enjoining the sale of plaintiffs' home. The motion is currently set for hearing on October 7, 2013 at 10:00 a.m.

         At this time, the court does not find oral argument regarding this motion to be necessary. However, additional information is needed from plaintiffs in order to decide the matter. Plaintiffs set forth several factual assertions in their opposition (ECF No. 76) - for example, that they obtained a reduction in the property taxes due on their home (Opposition 5:13-15), and that attorney's fees and legal costs prevent them from making mortgage payments (Id. 9:20-9:22) - but have not substantiated these assertions with supporting declarations.

         Accordingly, the court hereby orders as follows:

[1] The hearing on defendants' motion, currently scheduled for October 7, 2013, is VACATED.

[2] Plaintiffs are DIRECTED to furnish the court with one or more declarations providing support for each factual assertion in their opposition, and setting forth their month-by-month expenses on this case to date. Plaintiffs are to e-mail copies of these declarations to Courtroom Deputy Ana Rivas at arivas@caed.uscourts.gov, as well as to counsel for Vericrest Financial, Inc. and LSF7 NPL VI Trust, no later than Monday, October 7 at 4:30 p.m. The court will maintain these declarations under seal. Defendants and their attorneys are directed to maintain these declarations in the strictest confidence.

         IT IS SO ORDERED.


Summaries of

Amimena v. Vericrest Financial, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Oct 1, 2013
Civ. S-12-0901 LKK/JFM (E.D. Cal. Oct. 1, 2013)
Case details for

Amimena v. Vericrest Financial, Inc.

Case Details

Full title:CHARLES ALIMENA and CHERYL AMIMENA, Plaintiffs, v. VERICREST FINANCIAL…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Oct 1, 2013

Citations

Civ. S-12-0901 LKK/JFM (E.D. Cal. Oct. 1, 2013)