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Park v. Aurora Loan Servs.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 901 (9th Cir. 2012)

Opinion

No. 10-56788 D.C. No. 3:10-cv-01739-H-POR

10-16-2012

SEAN M. PARK; MICHELLE PARK, Plaintiff - Appellant, v. AURORA LOAN SERVICES; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Southern District of California

Marilyn L. Huff, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Sean M. Park and Michelle Park appeal pro se from the district court's order denying their application for a temporary restraining order ("TRO") enjoining the foreclosure sale of their property. We have jurisdiction under 28 U.S.C. § 1292(a)(1). Religious Tech. Ctr., Church of Scientology Int'l, Inc. v. Scott, 869 F.2d 1306, 1308 (9th Cir. 1989) (order denying a TRO is appealable if it is tantamount to denial of a preliminary injunction). We review for an abuse of discretion. Id. at 1309. We dismiss the appeal as moot.

The Parks' appeal of the district court's denial of the TRO is moot because the foreclosure sale of the property has already been completed. See Vegas Diamond Props., LLC v. FDIC, 669 F.3d 933, 936 (9th Cir. 2012) ("[T]he sale of the real properties prevents this Court from granting the requested relief and accordingly renders this appeal moot.").

Appellees' request for judicial notice is granted. The Parks' request for judicial notice is denied as unnecessary because the documents are already part of the district court record.

DISMISSED.


Summaries of

Park v. Aurora Loan Servs.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 901 (9th Cir. 2012)
Case details for

Park v. Aurora Loan Servs.

Case Details

Full title:SEAN M. PARK; MICHELLE PARK, Plaintiff - Appellant, v. AURORA LOAN…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

485 F. App'x 901 (9th Cir. 2012)

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