Elizabeth Sherbow v. Northwest Trustee Serv. Inc.

660 F. App'x 551

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 23, 2016
• Docket: 16-35462
• Status: Unpublished

Opinion

MEMORANDUM **

Elizabeth Sherbow and Theodore Sher-bow appeal pro se from the district court’s order denying their motion for a preliminary injunction to enjoin the nonjudicial foreclosure sale of their real property. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We dismiss this appeal as moot.

After the Sherbows filed this appeal, the subject property was sold at a nonjudicial foreclosure sale and the district court issued a final judgment dismissing the underlying action against all defendants. Accordingly, this court cannot grant the requested relief and the appeal is moot. 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.”); see also Doe & Assocs. Law Offices v. Napolitano, 252 F.3d 1026, 1029 (9th Cir. 2001) (dismissal of underlying action renders moot the dis trict court’s denial of a preliminary injunc-tive relief).

Appellees’ July 28, 2016 motion for judicial notice and October 7, 2016 motion to strike are granted.

The SherboVs pending motions are denied.

The Clerk shall forward the Sherbows’ August 15, 2016 supplemental notice of appeal to the district court for ñling as a notice of appeal of the final judgment as provided by Fed. R. App. P. 4(d).

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.