IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

GARY C. GOSHA and KIT M.

GOSHA,

Plaintiffs,

v.

THE BANK OF NEW YORK MELLON

CORPORATION fka THE BANK OF

NEW YORK, AS TRUSTEE (CWALT

2005-72), a New York

Corporation; BANK OF AMERICA

N.A., a Delaware Corporation;

BAYVIEW LOAN SERVICING LLC, a

Florida Corporation; CLEAR

RECON CORP, a California

Corporation,

Defendants.

3:16-CV-00073-BR

 

 

TEMPORARY RESTRAINING 

 ORDER

GARY C. GOSHA

KIT M. GOSHA

175900 S.W. Cheyenne Way

Tualatin, OR 97062

503-522-6571 

Plaintiffs, Pro Se

1 - TEMPORARY RESTRAINING ORDER

Case 3:16-cv-00073-BR Document 18 Filed 01/25/16 Page 1 of 4
TRACY J. FRAZIER

Aldridge Pite, LLP

621 S.W. Morrison Street

Suite 425

Portland, OR 97204

(831) 247-0676

Attorneys for Defendant Clear Recon Corp.

BROWN, Judge.

This matter came before the Court on January 22, 2016, on

Plaintiffs’ Motion (#3) for Temporary Restraining Order pursuant

to Federal Rule of Civil Procedure 65 seeking to restrain

Defendant Clear Recon Corporation from conducting a foreclosure

and sale of Plaintiffs’ home scheduled for January 26, 2016. 

Defendant Clear Recon Corporation received notice of and appeared

at the January 22, 2016, hearing. 

For the reasons stated on the record at the hearing the

Court concludes it is a very close question as to whether

Plaintiffs are likely to succeed on the merits of this action. 

The Court, however, finds there is a temporary risk of

irrevocable harm to Plaintiffs, who are senior citizens and on a

fixed income, if they are required to move from their residence

on January 26, 2016. Accordingly, the Court GRANTS Plaintiffs’

Motion and temporarily RESTRAINS Clear Recon Corporation from

proceeding with the January 26, 2016, foreclosure sale of

Plaintiffs’ property at 17590 S.W. Cheyenne Way, Tualatin,

Oregon.

2 - TEMPORARY RESTRAINING ORDER

Case 3:16-cv-00073-BR Document 18 Filed 01/25/16 Page 2 of 4
Pursuant to Rule 65(c), the Court requires Plaintiffs to

post a $1,100 bond with the Clerk of Court no later than 

4:30 p.m. on February 5, 2016, and on the fifth of every month

thereafter as long as this Temporary Restraining Order is in

place as a reasonable security for any costs or damages sustained

by any party found to have been wrongfully restrained. Failure

to post the bond on or before the fifth of each month as long as

this Temporary Restraining Order is in place shall result in the

immediate dissolution of this Temporary Restraining Order.

The Court DIRECTS Plaintiffs to file no later than 

February 19, 2016, a Status Report with respect to service of all

Defendants in this matter including (1) reference to the docket

establishing all Defendants have been served and proofs of

service have been filed for each Defendant and (2) whether

Plaintiffs have had contact with any Defendant or counsel for any

Defendant relating to this matter.

 

CONCLUSION

For these reasons, the Court GRANTS Plaintiffs’ Motion (#3)

for a Temporary Restraining Order and hereby RESTRAINS Defendants

from proceeding with the January 26, 2016, foreclosure sale of

Plaintiffs’ property. The Court DIRECTS Plaintiffs to post a

$1,100 bond with the Clerk of Court no later than 4:30 p.m. on

February 5, 2016, and on the fifth of every month thereafter as

3 - TEMPORARY RESTRAINING ORDER

Case 3:16-cv-00073-BR Document 18 Filed 01/25/16 Page 3 of 4
long as this Temporary Restraining Order is in place. 

IT IS SO ORDERED.

DATED this 25th day of January, 2016.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge 

 

4 - TEMPORARY RESTRAINING ORDER

Case 3:16-cv-00073-BR Document 18 Filed 01/25/16 Page 4 of 4