Opinion
Case Number: 09-14680.
October 22, 2010
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on Defendants Chase Home Finance LLC and US Bank NA, Trustee for JP Morgan Mortgage Acquisition Corp.'s Motion for Summary Judgment Pursuant to FED. R. CIV. P. 56 and/or Dismissal pursuant to FED. R. CIV. P. 12(b)(6) (Doc. No. 11). For the reasons stated on the record at a hearing held on October 21, 2010, the Court GRANTS the motion.
At the conclusion of the hearing, Defendants' counsel asked the Court to dissolve a Temporary Restraining Order entered November 25, 2009, in state court before this action was removed. By its terms, the order purports to remain in force until a hearing on a preliminary injunction occurred. Because Defendants removed the case to federal court before the state court hearing on the preliminary injunction, that hearing never occurred. Regardless of whether state or federal law governs the timing of the expiration of a temporary restraining order issued by a state court in a case subsequently removed to federal court, the TRO has expired. See Mich. Ct. R. 3.310(B)(3) (expiring 14 days after issuance); FED. R. CIV. P. 65(b)(2) (expiring ten days after issuance). Accordingly, the request is moot.
IT IS SO ORDERED.
Dated: October 22, 2010