Opinion
NO. CIV. 2:11-1868 WBS CMK
03-07-2013
YREKA WESTERN RAILROAD COMPANY, Plaintiff, v. EDWARD A. TAVARES, ROSEMARY T. TAVARES, PLM LENDER SERVICES, INC., Defendants.
ORDER
Plaintiff Yreka Western Railroad Company filed this action against defendants Edward A. Tavares, Rosemary T. Tavares, and PLM Lender Services, Inc., seeking to enjoin the foreclosure of plaintiff's property until defendants apply for and obtain approval from the Surface Transportation Board ("STB"). Plaintiff now moves for summary judgment under Federal Rule of Civil Procedure 56. None of the defendants oppose the motion.
IT IS THEREFORE ORDERED that plaintiff's motion for summary judgment be, and the same hereby is, GRANTED. Defendants are permanently enjoined from selling plaintiff's real property at 300 East Miner Street, Yreka, California, namely, Siskiyou County Assessor's Parcels (APN #'s 054-191-360, -380, and -490) as well as from selling plaintiff's personal property without first seeking and obtaining approval of the Surface Transportation Board.
The cash bond posted by plaintiff the amount of $15,000 is hereby exonerated, and the Clerk of Court is directed to return said sum to the plaintiff and to enter judgment in favor of plaintiff consistent with this Order and close the file.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE