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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

JOSEPH GREEN, et al.,
Plaintiffs,
v.
COUNTRYWIDE HOME LOANS, INC., et
al.,

3:09-CV-00374-BES-GWF

ORDER
Before this Court is a Motion for Temporary Restraining Order and Preliminary Injunction (#5), filed by Plaintiffs Joseph Green, David and Marcella Barron, John Benson,
Manuel C. Castillo, Sr., Oscar Cortez, Thomas and Vicki Filiatreau, Carleen Harmon, Robb C. Kelley, Tim and Carol King, Gabriel Larkins, Jose Lopez, David and Sandra Mahlin, Denise and Guillermo Mendoza, Douglas B. Moore, Doug Moreau, Dale and Jeri Peterson, Brett E. Riggs, Steve and Shandale Stapleton, Nancy Quintero-Orozco and Jamie Zamorano (collectively “Plaintiffs”).

Fed.R.Civ.P. 65 states in pertinent part:
The court may issue a temporary restraining order without written or oral notice to
the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified
complaint clearly show that immediate and irreparable injury, loss, or damage will
result to the movant before the adverse party can be heard in opposition, and (B)
the movant’s attorney certifies in writing any efforts made to give notice and the
reasons why it should not be required.

In accordance with Rule 65(b), the Ninth Circuit has held that the issuance of an ex parte TRO may be appropriate “‘where notice to the adverse party is impossible either because the identity of the adverse party is unknown or because a known party cannot be located in time for a hearing.’” Reno Air Racing Ass’n, Inc. v. McCord, 352 F.2d 1126, 1131 (9th Cir. 2006) (quoting Am. Can. Co. v. Mansukhani, 742 F.2d 314, 322 (7th Cir. 1984)).

Upon consideration of the papers filed by Plaintiff, the Court believes that Plaintiff has met the initial requirements of Rule 65(b) for the issuance of a temporary restraining order as to defendants CitiMortgage, Inc., Wells Fargo Bank, N.A., ReconTrust Company, Litton Loan Service Ltd. Partnership, Aurora Loan Services, HSBC Mortgage Corporation (USA), American Home Mortgage Servicing, Inc., Countrywide Home Loans, Inc., Fidelity National Title Agency, Inc., National Default Servicing, NDEX West, LLC, Federal National Mortgage Association, Quality Loan Service Corp., Midfirst Bank, Housekey Financial, CR Title, and Bank of New York Mellon. It appears from Plaintiffs’ Motion and the attached exhibits, that these defendants seek immediately to foreclose on properties owned by Plaintiffs Joseph Green, David and Marcella Barron, John Benson, Manuel Castillo, Sr., Oscar Cortez, Thomas and Vicki Filiatreau, Carleen Harmon, Robb C. Kelly, Timothy and Carol King, Gabriel Larkins, Jose Lopez, David and Sandra Mahlin, Denise and Guillermo Mendoza, Douglas B. Moore, Doug Moreau, Dale and Jeri Peterson, Brett E. Riggs, Steven and Shandale Stapleton, Nancy Quintero-Orozco and Jamie Zamorano. Therefore, the Court concludes that these Plaintiffs likely would suffer irreparable injury if these foreclosures were to proceed. Plaintiffs have also filed written certifications regarding their efforts to give notice of this motion to the abovenamed
defendants in satisfaction of Rule 65(b)(1)(B).
Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Motion (#5) to the extent it seeks
a temporary restrainin g order is GRANTED. This order is being issued without notice to some
defendants because of the shortness of time, which does not allow for the adverse parties to
be heard in opposition. The purpose of the temporary restraining order is to preserve the
status quo and prevent irreparable harm before a preliminary injunction hearing may be held.
IT IS FURTHER ORDERED that Defendants Wells Fargo Bank, N.A., National Default
Servicing Corporation, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
Joseph Green of his property located at 4321 Black Hills Drive, Sparks, Nevada 89436.
IT IS FURTHER ORDERED that Defendants Midfirst Bank and NDEX West, LLC, and
any and all other persons or entities in active concert with them, are hereby temporarily
restrained from pursuing any foreclosure action, taking possession of, or in any other manner
interfering with the peaceful enjoyment and possession by Plaintiffs David and Marcella
Barron of their property located at 326 Torrey Pines Drive, Dayton, Nevada 89403.

IT IS FURTHER ORDERED that Defendants National Default Servicing Corporation
and HSBC Bank USA, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
John Benson of his property located at 298 Chimney Rock Road, Stateline, Nevada 89449.
IT IS FURTHER ORDERED that Defendant National Default Servicing Corporation and
any and all other persons or entities in active concert with it, are hereby temporarily restrained
from pursuing any foreclosure action, taking possession of, or in any other manner interfering
with the peaceful enjoyment and possession by Plaintiff Manuel C. Castillo of his properties
located at 12590 Stillwater Way, Reno, Nevada 89511 and 2911 Randolph Court, Reno,
Nevada 89502.
IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and
ReconTrust Company, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
Oscar Cortez of his property located at 1376 Lynx Street, Reno, NV 89506.

IT IS FURTHER ORDERED that Defendants CitiMortgage, Inc. and CR Title Services,
Inc., and any and all other persons or entities in active concert with them, are hereby
temporarily restrained from pursuing any foreclosure action, taking possession of, or in any
other manner interfering with the peaceful enjoyment and possession by Plaintiffs Thomas and
Vicki Filiatreau of their property located at 4180 Frying Pan Road Reno, Nevada 89521.

IT IS FURTHER ORDERED that Defendants Aurora Loan Services and Quality Loan
Service, Corp., and any and all other persons or entities in active concert with them, are
hereby temporarily restrained from pursuing any foreclosure action, taking possession of, or
in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
Carleen Harmon of her property located at 3687 Allegrini Drive, Sparks, Nevada 89436.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. And
ReconTrust Company, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
Robb C. Kelly of his property located at 490 Tularosa Court, Reno, Nevada 89511.

IT IS FURTHER ORDERED that Defendants Litton Loan Servicing, LP and Quality
Loan Service Corp., and any and all other persons or entities in active concert with them, are
hereby temporarily restrained from pursuing any foreclosure action, taking possession of, or
in any other manner interfering with the peaceful enjoyment and possession by Plaintiffs
Timothy and Carol King of their property located at 738 Lassen Way, Gardnerville, Nevada
89460.

IT IS FURTHER ORDERED that Defendants Litton Loan Servicing, LP and National
Default Servicing Corporation, and any and all other persons or entities in active concert with
them, are hereby temporarily restrained from pursuing any foreclosure action, taking
possession of, or in any other manner interfering with the peaceful enjoyment and possession
by Plaintiff Gabriel Larkins of his properties located at 330 East 7th Street, Reno, Nevada
89512, and 421 G Street, Sparks, Nevada 89431.

IT IS FURTHER ORDERED that Defendants American Home Mortgage Servicing and
Fidelity National Title Insurance Company, and any and all other persons or entities in active
concert with them, are hereby temporarily restrained from pursuing any foreclosure action,
taking possession of, or in any other manner interfering with the peaceful enjoyment and
possession by Plaintiff Jose Lopez of his property located at 642 15th Street, Sparks, Nevada
89431.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and
ReconTrust Company, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiffs
David and Sandra Mahlin of their property located at 4976 Lorenzo Court, Sparks, Nevada
89436.

IT IS FURTHER ORDERED that Defendants Midland Mortgage Co. And NDEX West,
LLC, and any and all other persons or entities in active concert with them, are hereby
temporarily restrained from pursuing any foreclosure action, taking possession of, or in any
other manner interfering w ith the peaceful enjoyment and possession by Plaintiffs Denise and
Guillermo Mendoza of their property located at 10 Sage Creek, Sparks, Nevada 89436.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and
ReconTrust Company, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
Douglas B. Moore of his property located at 655 Georgia Place, Reno, Nevada 89509.

IT IS FURTHER ORDERED that Defendants Quality Loan Service Corp. And National
Default Servicing Corp., and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff
Doug Moreau of his properties located at 1169 Harbour Cove Court, Sparks, Nevada 89434,
and 1117 Harbour Cove Court, Sparks, Nevada 89434.

IT IS FURTHER ORDERED that Defendants Litton Loan Servicing, LP and National
Default Servicing Corporation, and any and all other persons or entities in act ive concert with
them, are hereby temporarily restrained from pursuing any foreclosure action, taking
possession of, or in any other manner interfering with the peaceful enjoyment and possession
by Plaintiffs Dale and Jeri Peterson of their property located at1426 Shasta Drive,
Gardnerville, Nevada 89460.

IT IS FURTHER ORDERED that Defendants Countrywide Home Loans, Inc. and
ReconTrust Company, and any and all other persons or entities in active concert with them,
are hereby temporarily restrained from pursuing any foreclosure action, taking possession of,
or in any other manner interfering with the peaceful enjoyment and possession by Plaintiff Bret
E. Riggs of his property located at 9579 Mammoth Drive, Reno, Nevada 89521.
IT IS FURTHER ORDERED that Defendants National Default Servicing Corporation
and Fidelity National Title Insurance Company, and any and all other persons or en tities in
active concert with them, are hereby temporarily restrained from pursuing any foreclosure
action, taking possession of, or in any other manner interfering with the peaceful enjoyment
and possession by Plaintiffs Steven and Shandale Stapleton of their property located at 1241
Red Rock Road, Fernley, Nevada 89408.
IT IS FURTHER ORDERED that Defendants HSBC Bank USA and Housekey Financial
Corporation, and any and all other persons or entities in active concert with them, are hereby
temporarily restrained from pursuing any foreclosure action, taking possession of, or in any
other manner interfering with the peaceful enjoyment and possession by Plaintiffs Nancy
Quintero-Orozco and Jamie Zamorano of their property located at 7772 Tulear Street, Reno,
Nevada 89506.
IT IS FURTHER ORDERED that Plaintiffs shall post a bond of Five-Hundred Dollars
($500.00) for the payment of such costs and damages, if any, that will be incurred or suffered
by the issuance of this temporary restraining order.
The temporary restraining order issued herein will expire on August 3, 2009 at 5 P.M.,
unless within such time the order is extended for good cause shown, or unless the defendants
consent to an extension. The Court hereby sets the hearing for Plaintiff’s Motion for
Preliminary Injunction before The Honorable Brian Sandoval, United States District Judge for
the District of Nevada, at the Bruce R. Thompson Federal Courthouse, 400 South Virginia
Street, Reno, Nevada on Friday, July 31, 2009, at 10:00 A.M.
IT IS FURTHER ORDERED that no later than Friday July 24, 2009, Defendants shall
file and serve opposition papers to Plaintiffs’ Motion for Preliminary Injunction (#5), if any,
upon Plaintiff (with copies faxed or hand-delivered to chambers). Plaintiffs shall file and serve
their reply brief, if any, upon Defendants (with copies faxed or hand-delivered to chambers)
no later than Tuesday July 28, 2009.
IT IS SO ORDERED.
DATED this 20th day of July, 2009.
UNITED STATES DISTRICT JUDGE