Opinion
NO. CIV. 2:10-518 WBS GGH.
April 28, 2010
ORDER
On April 28, 2010, plaintiff filed an amended complaint (Docket No. 33) and a motion for preliminary injunction (Docket No. 29) to stop the foreclosure sale of his home currently scheduled for May 7, 2010. Plaintiff concurrently filed a motion to shorten time on the hearing on plaintiff's motion for preliminary injunction so that the motion could be heard before the foreclosure sale goes forward. (Docket No. 26.) Despite knowing since early April that the foreclosure sale had been rescheduled to early May, plaintiff failed to file his motion for preliminary injunction in time to allow it to be heard on the court's regularly scheduled law and motion calendar. See E.D. Cal. Local R. 230(b), 231(d). The court will therefore consider plaintiff's motion as one for a temporary restraining order.
IT IS THEREFORE ORDERED that a hearing on plaintiff's motion for temporary restraining order is set for May 6, 2010, at 9:00 a.m.
IT IS FURTHER ORDERED that any opposition to plaintiff's motion for a temporary restraining order be filed by May 3, 2010, and any reply be filed by May 5, 2010.