(PS) Brewer v. Loancare, LLC

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINA BREWER, Case No. 2:25-cv-01157-DC-CSK 12 Plaintiff, ORDER DENYING PLAINTIFF’S SECOND EX PARTE MOTION FOR A TEMPORARY 13 v. RESTRAINING ORDER 14 LOANCARE, LLC, et al. (ECF No. 10) 15 Defendants. 16 17 Plaintiff Regina Brewer, who is proceeding pro se, filed a second ex parte Motion 18 for Temporary Restraining Order (“TRO”).1 Pl. TRO No. 2 (ECF No. 10.) Defendants 19 Loancare, LLC and Lakeview Loan Servicing, LLC have filed an opposition. (ECF No. 20 12.) Pursuant to Local Rules 230(g) and 231(c), the motion is submitted upon the record 21 and the briefs. For the reasons that follow, the Court DENIES Plaintiffs’ second ex parte 22 TRO motion without prejudice as moot. 23 Plaintiff initiated this action in Sacramento County Superior Court against 24 Defendants alleging a single breach of contract claim. See Compl. (ECF No. 1.) On April 25 21, 2025, Defendants removed this action to federal court on the basis of diversity

26 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R. 27 Civ. P. 72, and Local Rule 302(c). This matter was also referred to the undersigned by the district judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(a). (ECF No. 28 11.) 1 jurisdiction. (ECF No. 4.) On April 28, 2025, Defendants filed a motion to dismiss that is 2 currently pending before the undersigned. (ECF Nos. 4, 9.) On May 12, 2025, Plaintiff 3 filed an ex parte motion for a temporary restraining order to enjoin Defendants from 4 proceeding with the foreclosure of her home at 9912 Macabee Lane, Elk Grove, 5 California 95757 (“subject property”). (ECF No. 7.) This motion was denied as deficient 6 for failure to satisfy the requirements of Federal Rules of Civil Procedure 65 and Local 7 Rule 231 governing applications for temporary restraining orders and for failure to 8 establish a likelihood of success on the merits as required to obtain injunctive relief 9 under Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). 5/14/2025 Order at 10 4-5 (ECF No. 8). On June 9, 2025, Plaintiff filed a second TRO motion, again, seeking to 11 stop the foreclosure sale. Pl. TRO No. 2 at 2-3. Defendants’ opposition states “the 12 trustee conducted and completed a foreclosure sale of the subject property” on June 10, 13 2025, and argues the second TRO is therefore moot. Defs. Opp’n at 1-2 (ECF No. 12). 14 The Court agrees the foreclosure sale of the subject property moots Plaintiff’s 15 second TRO. The Court further notes deficiencies in the second TRO, similar to the first 16 TRO, that would have warranted denial of the motion. First, the second TRO fails to 17 address the deficiencies identified in the May 14, 2025 Order. Compare Pl. TRO No. 2, 18 with 5/14/2025 Order. Second, Plaintiff did not provide a timeframe or a date that the 19 foreclosure sale was set to take place and therefore did not establish an immediate and 20 irreparable injury that will result. See Fed. R. Civ. P. 65(b)(1)(B). Finally, the second 21 TRO is not signed by Plaintiff, which is improper. Federal Rule of Civil Procedure 11(a) 22 requires that if a party is not represented by an attorney, "[e]very pleading, written 23 motion, and other paper must be signed" by the party personally. In addition, the "paper 24 must state the signer's address, e-mail address, and telephone number." Fed. R. Civ. P. 25 11(a); see also E.D. Cal. Local Rule 183(b) (“A party appearing in propria persona shall 26 keep the Court and opposing parties advised as to his or her current address.”). Plaintiff 27 is instructed that while she remains unrepresented, she must personally sign every 28 pleading, motion, and other paper she submits to the Court and she must include her 1 address, e-mail address, and telephone number on every pleading, motion, and other 2 || paper she submits to the Court. 3 Based upon the above, the Court ORDERS that Plaintiffs’ second ex parte Motion 4 | for Temporary Restraining Order (ECF No. 10) is DENIED without prejudice as moot. 5 6 | Dated: July 21, 2025 C iy S \U CHI SOO KIM 8 UNITED STATES MAGISTRATE JUDGE 9 | 4irew1157.25.tro2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28