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Keywords

plaintiffdefendantprecedentinjunctionmotionforeclosuredue process
plaintiffinjunctionmotionforeclosure

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Silva v. U.S.

Facts

The plaintiff challenged the foreclosure of her residential property and filed an Amended Forthwith Motion for an Order to Show Cause Why a Motion for TRO/Preliminary Injunction Should Not Issue. The motion sought to enjoin Judge King from proceeding with a forcible entry and detainer proceeding originally scheduled for July 6, 2017, which was reset to August 11, 2017. The court noted that the defendants had not yet filed a response, but deemed it appropriate to rule on the motion at that time.

The plaintiff challenged the foreclosure of her residential property and filed an Amended Forthwith Motion for an Order to Show Cause Why a Motion for TRO/Preliminary Injunction Should Not Issue.

Issue

Whether the plaintiff is entitled to a preliminary injunction to prevent the forcible entry and detainer proceeding regarding her property.

Whether the plaintiff is entitled to a preliminary injunction to prevent the forcible entry and detainer proceeding regarding her property.

Rule

In the Tenth Circuit, a party requesting injunctive relief must establish: (1) irreparable injury unless the injunction issues; (2) the threatened injury outweighs any damage to the opposing party; (3) the injunction would not be adverse to the public interest; and (4) there is a substantial likelihood of success on the merits.

In the Tenth Circuit, a party requesting injunctive relief must establish: (1) irreparable injury unless the injunction issues; (2) the threatened injury outweighs any damage to the opposing party; (3) the injunction would not be adverse to the public interest; and (4) there is a substantial likelihood of success on the merits.

Analysis

The court applied the established criteria for granting a preliminary injunction and found that the plaintiff failed to demonstrate a substantial likelihood of success on the merits. The plaintiff's claims regarding the constitutionality of Colorado's Rule 120 proceedings were deemed insufficient, as precedent indicated that such proceedings do not violate due process rights. The court noted that the relief sought would alter the status quo and thus required closer scrutiny.

The court applied the established criteria for granting a preliminary injunction and found that the plaintiff failed to demonstrate a substantial likelihood of success on the merits.

Conclusion

The court recommended that the plaintiff's motion for a preliminary injunction be denied, as she did not meet the burden of demonstrating a likelihood of success on the merits.

The court recommended that the plaintiff's motion for a preliminary injunction be denied, as she did not meet the burden of demonstrating a likelihood of success on the merits.

Who won?

U.S. Bank and Judge King prevailed in the case because the court found that the plaintiff did not demonstrate a likelihood of success on her claims.

U.S. Bank and Judge King prevailed in the case because the court found that the plaintiff did not demonstrate a likelihood of success on her claims.

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