Opinion
Case No.: 2:10-cv-02203-RLH-GWF.
March 14, 2011
ORDER (Motion for Relief from Temporary Restraining Order and Preliminary Injunction — #135)
Before the Court is Claimant 249 Investors, LLC's ("Claimant") Motion for Relief from Temporary Restraining Order and Preliminary Injunction (#135), filed March 11, 2011.
Defendant Jeremy Johnson is listed as a manger and registered agent for Tabernacle Towers, LLC, ("Tabernacle") a Utah business entity. According to Claimant, Tabernacle owns an office building in St. George, Utah, to which Claimant holds a promissory note and deed of trust. Claimant asserts that Tabernacle has defaulted on its mortgage obligation and the office building is now worth far less than the amount due under the note. Thus, Claimant started the process of non-judicial foreclosure pursuant to Utah law.
On January 13 and February 10, 2011, the Court appointed a receiver and enjoined the sale of any property owned by Johnson or his affiliated entities. (Dkt. #44, TRO Order; Dkt. #130, Prelim. Inj. Order.) The injunction therefore prohibits Claimant from selling the property as Claimant had scheduled for Friday, March 11. As a result, Claimant has now asked the Court for relief from the injunction to conduct the foreclosure sale primarily because the sale would not yield any equity to contribute towards any receivership estate.
The Court notes that Claimant filed the instant motion on the same day the trustee's sale was scheduled to occur. (Dkt. #138-2, Mot. Ex. 7, Notice of Trustee's Sale.) Such ill-timed motions simply do not afford the Court sufficient time to review supporting memoranda, affidavits, or exhibits, nor do they provide the other litigants or the receiver with time to respond to Claimants' assertions. Although time-sensitive motions will receive expedited consideration, Claimant cannot expect that the Court will be able to clear its hearing calendar to review Claimant's motion instantaneously. Consequently, the Court was unable to consider the motion until after the scheduled time for the trustee's sale had passed. The motion is now moot and the Court denies the motion accordingly.
CONCLUSION
Accordingly, and for good cause appearing,
IT IS HEREBY ORDERED that Claimant 249 Investors, LLC's Motion for Relief from Temporary Restraining Order and Preliminary Injunction (#135) is DENIED as moot.
Dated: March 14, 2011.