Opinion
Case No. 2:14-CV-908 JCM (GWF)
08-19-2014
ABET JUSTICE LLC and GUETATCHEW FIKROU, Plaintiff(s), v. FIRST AMERICA TRUSTEE SERVICING SOLUTIONS, LLC, et al., Defendant(s).
ORDER
Presently before the court is a motion for temporary restraining order filed by plaintiffs ABET Justice LLC and Guetatchew Fikrou (hereinafter "plaintiffs"). (Doc. # 21).
Under Federal Rule of Civil Procedure 65, a court may issue a temporary restraining order when the moving party provides specific facts showing that immediate and irreparable injury, loss, or damage will result before the adverse party's opposition to a motion for preliminary injunction can be heard. Fed. R. Civ. P. 65.
"The purpose of a temporary restraining order is to preserve the status quo before a preliminary injunction hearing may be held; its provisional remedial nature is designed merely to prevent irreparable loss of rights prior to judgment." Estes v. Gaston, no. 2:12-cv-1853-JCM-VCF, 2012 WL 5839490, at *2 (D. Nev. Nov. 16, 2012) (citing Sierra On-Line, Inc. v. Phoenix Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984)). "Thus, in seeking a temporary restraining order, the movant must demonstrate that the denial of relief will expose him to some significant risk of irreparable injury." Id. (quoting Associated Gen. Contractors of Cal. v. Coal. of Econ. Equity, 950 F.2d 1401, 1410 (9th Cir. 1991)). . . .
The Supreme Court has stated that courts must consider the following elements in determining whether to issue a temporary restraining order and preliminary injunction: (1) a likelihood of success on the merits; (2) likelihood of irreparable injury if preliminary relief is not granted; (3) balance of hardships; and (4) advancement of the public interest. Winter v. N.R.D.C., 129 S. Ct. 365, 374-76 (2008). The test is conjunctive, meaning the party seeking the injunction must satisfy each element.
Plaintiffs seek a temporary restraining order to prevent defendants from conducting the trustee's sale on September 3, 2014, and from evicting plaintiffs from the subject property. (Doc. # 21). Plaintiffs filed their motion on August 18, 2014. (Doc. # 21). Pursuant to Federal Rule of Civil Procedure 65, a temporary restraining order may only be issued for a maximum of 14 days. Fed. R. Civ. P. 65(b)(2) ("[t]he order expires at the time after entry—not to exceed 14 days . . . ."). Therefore, the temporary restraining order that plaintiffs seek would expire before the proposed date of sale. For that reason, the motion for a temporary restraining order will be denied as moot.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff's motion for a temporary restraining order (doc. # 21) be, and the same hereby is, DENIED as moot.
DATED August 19, 2014.
/s/_________
UNITED STATES DISTRICT JUDGE