Opinion
Civil Action No. 12-cv-01452-REB
06-06-2012
ANDREW COLE, Plaintiff, v. CHASE HOME FINANCE LLC, and JPMORGAN CHASE BANK, N.A., Defendants.
Judge Robert E. Blackburn
ORDER DENYING WITHOUT PREJUDICE
MOTION FOR TEMPORARY RESTRAINING ORDER
Blackburn, J.
This matter is before me on the plaintiff's Opposed Motion for a Temporary Restraining Order [#4] filed June 4, 2012. The plaintiff seeks a temporary restraining order preventing the defendants from proceeding with a foreclosure sale scheduled for today, June 6, 2012, at 10:00 a.m. Late in the day yesterday, June 5, 2012, the plaintiff filed a notice [#6] in which the plaintiff indicates that the defendants have voluntarily continued the foreclosure sale. The sale now is rescheduled for July 11, 2012.
"[#4]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
The motion for temporary restraining order [#4] concerns circumstances leading up to the foreclosure sale previously scheduled for June 6, 2012. Now that the June 6, 2012, foreclosure sale has been continued to a later date, the circumstances surrounding any future foreclosure sale involving the plaintiff necessarily will be different. Given these circumstances, I deny the current motion for temporary restraining order [#4] without prejudice. Should circumstances develop which merit the issuance of a temporary restraining order, the plaintiff may file a new motion for temporary restraining order.
THEREFORE, IT IS ORDERED that the plaintiff's Opposed Motion for a Temporary Restraining Order [#4] filed June 4, 2012, is DENIED without prejudice.
Dated June 6, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge