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Case 2:11-cv-0013~-Ii.LH -PAL Document 1-6

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ORIGINAL J
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Suzanne A. North 220 East Bronco St. Pahrump, Nevada 89048 , (775) 751-2722 Plaintiff Appearing Pro Se
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IN THE FIFTH JUDICIAL DISTRICT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF NYE

In re the Matter of: SUZANNE A. NORTH,

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Case No. Dept. No.:

CV31506 2

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Plaintiff,
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v.

IJ
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BANK OF AMERICA, CORP., a Foreign Corporation; RECONTRUST COMPANY, a Foreign Corporation, PRLAP, Inc., a Foreign Registered Corporation, BAC HOME LOAN SERVICING, LP, a Foreign Registered L.P., CORPORATIONS ROE 1 -100, JOHN / JANE DOES, 1 - 100, Defedants. ------------------------------)

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ORDER GRANTING EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; ORDER TO SHOW CAUSE PLAINTIFF Pro Se Suzanne A. North, pursuant to N.R.S. 33.010 and Rule 65 of the Nevada Rules of Civil Procedure, having moved this honorable court for an emergency temporary restraining order and preliminary injunction, and good cause appearing: THE COURT FINDS: 1. On January 10, 2011, Plaintiff filed a Petition for Judicial Review with this court. After filing the Petition, the Plaintiff discovered additional information and filed her Motion

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Case 2:11-CV-00136-jLH -PAL

Document 1-6

Filed 011)5/11

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to Amend Complaint,

Petition to a Complaint alleging that Defendant

on January

14, 2011 along with the Amended

Civil

Recontrust Company violated N.R.S. 76 et. seq., N.R.S . #35 among many other local ordinances from

107, ct. seq., and Pahrump Town Ordinance other municipalities.

2. Since filing the Petition and the Amended Complaint, additional information
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the Petitioner has discovered Petitioner Rule 15(a);

necessitating consent

the tiling of the Second Amended Complaint. to the amendment have consented pursuant to NevRCivP,

has not sought

X

written

therefore,
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none of the Respondents

to the filing of the Second Amended Petitioner seeks an order permitting

Complaint

as of the time of this filing. Accordingly,

Petitioner to tile the proposed Second Amended Complaint. 3. Unless enjoined foreclosure by this court, Defendant Recontrust Company may continue the

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non-judicial Plaintiff. 4.

process against Plaintiff thus causing irreparable

harm against the

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Pursuant to Rule 65(a)(1) of the Nevada Rules of Civil Procedure,

the Plaintiff

respectfully Defendant

certifies to the court that on January 14, 20 II an attempt was made to contact Recontrust Company and Recontrust Company refused to discuss this matter

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because of the filing of the Petition for Judicial Review, which was served by this court upon
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Defendant Bank of America and Defendant Recontrust Company.

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5. As of the tiling of this Motion, the Defendants have received the Plaintiff's to Amend and the Amended the Plaintiff's independent Supplemental Civil Complaint. It is unclear if the Defendants

Motion

have received however, an

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Motion for Leave and Second Amended Complaint; to the court that the Supplemental

third party certified

Motion and Second

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Case 2: 11-CV-00136-~LH -PAL

Document 1-6

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Amended Complaint
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was send via United States Mail, First Class Mail, Postage Pre-paid to

all named Defendants . 6. There is a substantial likelihood that Plaintiff will establish at trial that Recontrust privities with respect to the contractual relationship between

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does not have any contractual

the Plaintiff and the other Defendants regarding the promissory note and deed of trust. 7. A Temporary Restraining Order / Preliminary Injunction is necessary to preserve the injury to the Plaintiff that would result from the Company

status quo, to prevent

the irreparable foreclosure

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unlawful
<)

non-judicial

being carried

out by Defendant

Recontrust

against the Plaintiff, and to allow the court to render effective relief if the Plaintiff prevails at
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trial.
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8.

If the Temporary

Restraining

Order / Preliminary

Injunction

is not granted, the

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Plaintiff would have no adequate

remedy at law; and, this court's (or any other court's) impaired if Defendant foreclosure, that if

ability to fashion effective and equitable relief would be significantly Recontrust Company is allowed to continue

to carry out non-judicial

found after trial, to be unlawful. 9. Any harm to Defendant non-judicial Plaintiff. 10. Further, granting the requested preliminary relief will serve the public interest. foreclosure Recontrust Company by enjoining it from carrying out the by the actual and potential loss and damages of the

is outweighed

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11. This Court has authority

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under N.R.S. 33.010 to issue the requested

preliminary

relief. 23 12. Pursuant to NevRCivP,

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65(c), the court has discretion

as to whether a Plaintiff is In this case, clearly

required to post a bond as a prerequisite the Plaintiff's

to the issuance of an injunction.

seeks nothing more than to have Defendant Recontrust

Company comply with

Case 2: 11-CV-00136-jLH -PAL

Document 1-6

Filed 01/)5/11

Page 5 of 5

the statutory 2

requirement

of having the appropriate

state and local business

licenses

to

conduct business in this state and to properly carry out the non-judicial 13. As a result, Defendant Recontrust

foreclosure process. or

Company cannot be said to be "burdened" Further,

will "suffer damages"

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by a requirement

that it comply with the law.

Defendant

Recontrust cannot b considered to be burdened with any "costs" for its failure to comply with the Jaw.
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14. Therefore, no security bond should be required. 15. The Emergency Authorities. Motion was properly supported by a Memorandum of Points and

IT THEREFORE ORDERED, that Defendant

persons acting on its behalf is enjoined

Recontrust

Company,

N.A., and all foreclosures,

from conducting

any non-judicial

regardless of who the lender or mortgagee

is regarding any real or personal property situated in this action.

in the State of Nevada, pending entry by the Court of a final judgment

IT IS FURTHER ORDERED, that the Plaintiff will not be required to post any
security deposit or bond.

IT IS FURTHER ORDERED, that Defendant Recontrust Company, N.A., will appear -:U-18 19

before this court on theL..Q..

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am

e
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"} v

r= day of

12:o ,r.~

,2011,

at the

hour of

show cause why this Order should not become a Permanent

Injunction and Restraining 22

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DATED this

z:

Order. January, 2011.

The Honorable Robert W. Lane District Court Judge Nye County District Court

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