Mercier v. Nationstar Mortgage LLC ( 2019 )

IN THE UNITED STATES DiSTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:19-cv-491-BO STEPHEN MERCIER and ) BRENDA HARRIS, ) ) Plaintiffs, ) ) ) ORDER ) NATIONSTAR MORTGAGE, et al. ) ) Defendants. ) This cause comes before the Court on plaintiff's motion for temporary restraining order and preliminary injunction [DE 2] to stop a foreclosure sale of real property scheduled for November 5, 2019 at 10:00 AM. Plaintiffs have not demonstrated that they are likely to succeed on the merits, a required showing for a TRO. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Moreover, the date on which the foreclosure sale was scheduled to occur has already passed. Accordingly, the motion [DE 2] is DENIED. SO ORDERED, this 7 day of November, 2019. TERRENCE W. BOYLE CHIEF UNITED STATES DISTRICT JUDGE