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Domino v. Wachovia Mortgage Bank, FSB

United States District Court, E.D. California
Oct 29, 2008
2:08-CV-02574-GEB-KJM (E.D. Cal. Oct. 29, 2008)

Opinion

2:08-CV-02574-GEB-KJM.

October 29, 2008


ORDER


On October 29, 2008, Plaintiff filed an ex parte motion for a temporary restraining order ("TRO"), in which Plaintiff states "[t]his court has an obligation to sign the order to estop the sale of [Plaintiff's home]." (Plaintiff's motion at 2).

To obtain a TRO, Plaintiff must demonstrate "either: (1) a combination of probable success on the merits and the possibility of irreparable harm; or (2) that serious questions are raised and the balance of hardships tips in its favor." A M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013 (9th Cir. 2001). "These two formulations represent two points on a sliding scale in which the required degree of irreparable harm increases as the probability of success decreases." Id.

However, Plaintiff has not shown entitlement to a TRO. Therefore, the motion for a TRO is denied.

IT IS SO ORDERED.


Summaries of

Domino v. Wachovia Mortgage Bank, FSB

United States District Court, E.D. California
Oct 29, 2008
2:08-CV-02574-GEB-KJM (E.D. Cal. Oct. 29, 2008)
Case details for

Domino v. Wachovia Mortgage Bank, FSB

Case Details

Full title:LARRY STEPHEN DOMINO, Plaintiff, v. WACHOVIA MORTGAGE BANK, FSB; WORLD…

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

Date published: Oct 29, 2008

Citations

2:08-CV-02574-GEB-KJM (E.D. Cal. Oct. 29, 2008)