Opinion
No. 2:12-cv-00501-KJM-CKD
08-16-2016
DENNLY R. BECKER, Plaintiff, v. WELLS FARGO BANK, N.A., Inc., Defendant.
ORDER
Plaintiff Dennly Becker moves for a temporary restraining order enjoining a foreclosure sale of real property in Manteca, California. ECF No. 102. A sale is currently set for August 29, 2016. See Req. J. Notice Ex. 8, at 1, ECF No. 102-1.
The court grants the request for judicial notice of this document, a publicly recorded notice of trustee's sale. See Fed. R. Evid. 201; Grant v. Aurora Loan Servs., Inc., 736 F. Supp. 2d 1257, 1263-64 (C.D. Cal. 2010) (collecting authority on judicial notice of publicly recorded documents). --------
The court entered judgment in this case in 2013 after adopting the magistrate judge's findings and recommendations. See Order, Aug. 16, 2013, ECF No. 89; Judgment, ECF No. 90. Mr. Becker's federal-law claims were dismissed, and the court found that he and the only defendant, Wells Fargo Bank, N.A., were not diverse. See id. (adopting Findings & Recommendations, ECF No. 82). The court did not exercise supplemental jurisdiction over his state claims. Id. Mr. Becker appealed, and his appeal is pending. See Not. of Appeal, ECF No. 92; Becker v. Wells Fargo Bank N.A., No. 13-16772 (9th Cir. filed Aug. 29, 2013).
"The filing of a notice of appeal . . . divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982). The question of this court's diversity and supplemental jurisdiction is before the Court of Appeals. This is true regardless of shifting precedent. Cf. Mot. TRO 1 (citing Rouse v. Wachovia Mortg., FSB, 747 F.3d 707 (9th Cir. 2014)). The motion is denied.
IT IS SO ORDERED DATED: August 16, 2016
/s/_________
UNITED STATES DISTRICT JUDGE