Petition for an Emergency Tro/Preliminary Injunction

Topics: Injunction, Supreme Court of the United States, Civil procedure Pages: 13 (4227 words) Published: February 22, 2013
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02716-WJM-MEH LISA KAY BRUMFIEL, Plaintiff, v. US BANK, LARRY CASTLE, in his corporate capacity, LARRY CASTLE, in his individual capacity, CASTLE STAWIARSKI LLC and, DOES 1-100 Defendants.

________________________________________________________________ PLAINTIFF'S PETITION FOR EMERGENCY TRO/PRELIMINARY INJUNCTION _________________________________________________________________ D.C.COLO.LCivR. 7.1A Certification: The undersigned---LISA KAY BRUMFIEL, plaintiff contacted attorney____________for the defendants LARRY CASTLE and CASTLE STAWIARSKI. On Friday 05, 2013 and conferred with said attorney about amending the complaint and filing a TRO/Preliminary Injunction. The above attorney indicated that he would oppose the motions

__________________________________________________________________ Plaintiff Lisa Kay Brumfiel hereby petitions the Court for and emergency TRO/PRELIMIARY INJUNCTION to avoid an imminent eviction giving rise to a new cause of action for abuse of process in the FED action under 42 US 1983 against US


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Bank, Larry Castle, and Castle Stawiarski. Petitioner LISA KAY BRUMFIEL will suffer immediate irreparable harm unless the order is issued. Petitioner LISA KAY BRUMFIEL will suffer a predeprivation before the only fair hearing (federal court) she will receive since the Rule 120 is limited in scope making it permissible to refuse to hear a “real party in interest defense”. US Bank has scheduled the sale of the subject property on March______, 2013. The injunction is necessary to maintain the status quo until this court determines the issues which give rise to Plaintiff LISA KAY BRUMFIEL’S causes of action under 42 US 1983, 85 and various other causes including MERS authority to assign the Deed of Trust and Promissory Note. Though this court denied petitioner’s prior petition for TRO/PRELIMINARY INJUNCTION on grounds of the Younger Abstention, and forbid future attempts to do so, it did so without allowing her to challenge the decision. The arguments in this petition detail valid reasons why the Younger Abstention is not warranted and the reasons why irreparable harm would occur. A temporary restraining order/ preliminary injunction granting petitioner the relief sought in this motion is “expressly authorized” in §1983 actions, and is “essential to prevent great, immediate, and irreparable loss of a person's constitutional rights”. Mitchum v. Foster, 407 U.S. 225,243,244 (1972) Accordingly it is necessary to enjoin the Public Trustee from issuing a Public Deed and proceeding further with the Public Sale in Rule 120 Foreclosure case no. 2011CV204001 which would allow the lender to seek eviction of petitioner from her property located at 1499 South Jasper Street, Aurora, Colorado 80013 before petitioner


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obtains a fair hearing. Upon the filing of petitioner’s complaint in the federal court on October 12th, 2012, petitioner sought an emergency motion for temporary restraining order and preliminary injunction on grounds the foreclosure statute was procedurally defective under the section 1 of the 14th Amendment which was summarily denied on October 16th by the court on grounds of the Younger Abstention and the court’s declaration that the “State proceedings were an adequate forum to determine petitioner’s federal claims”. Further, the court instructed petitioner not to re-file the motion to stop the procedure. While the first motion was a preemptive or prospective injunction, the present motion is to prevent a predeprivation before the only fair hearing petitioner will be provided—this federal action. For the following four reasons the Rule 120 is an exception to the Younger Abstention, and Injunction should be granted.

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