Liberty Media Holdings LLC v. FF Magnat Limited et al

Filing 19

ORDER that Defendant's request to advance Preliminary Injunction Hearing is DENIED. IT IS FURTHER ORDERED that 15 Defendant's Emergency Motion for Partial Relief from the Temporary Restraining Order is GRANTED in part and DENIED in part , as stated in this order. IT IS FURTHER ORDERED that 16 Defendant's Motion to Extend Time for Briefing Schedule regarding the Hearing on Preliminary Injunction is GRANTED. A hearing re 4 Motion for Preliminary Injunction and 6 Motion to Appoint Receiver is set for 7/10/2012 02:30 PM in LV Courtroom 7D before Judge Gloria M. Navarro. IT IS FURTHER ORDERED that Defendants' answering papers shall be filed 7/3/12. Reply papers shall be filed 7/9/12. Signed by Judge Gloria M. Navarro on 6/26/12. (Copies have been distributed pursuant to the NEF - EDS)

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 LIBERTY MEDIA HOLDINGS, LLC, a California Corporation, 5 Plaintiff, 6 vs. 7 8 9 10 FF MAGNAT LIMITED, d/b/a Oron.com; MAXIM BOCHENKO, a/k/a Roman Romanov; and John Does 1-500, Defendants. 11 12 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:12-cv-01057-GMN-RJJ ORDER (Re: ECFs 15 and 16) Before the Court is Defendant FF Magnat Limited’s Emergency Motion for Partial 13 Relief from the Temporary Restraining Order (ECF No. 15) and Motion to Extend Time for 14 Briefing Schedule regarding the Hearing on Preliminary Injunction (ECF No. 16). 15 Defendant requests for this Court to unfreeze €300,000 (approximately $375,000 U.S. 16 dollars) from its PayPal account so that it may pay legal fees to defend itself in this action and 17 in a related action brought by Plaintiff Liberty Media Holdings, LLC in Hong Kong, as well as 18 pay certain limited business expenses that are necessary to keep operating. However, 19 Defendants do not provide any itemization or accounting for the Court to consider in making 20 its determination if the amount requested is reasonable. Therefore, the Court authorizes 21 $100,000 U.S. dollars to be released from Defendant’s PayPal account. Defendant may file a 22 subsequent motion for additional funds, but the Court will only consider such a motion if it is 23 accompanied by an itemization specifying which funds are requested and for what purpose. 24 This request should be accompanied by an affidavit verifying the amounts requested, their 25 current location and their intended use. Page 1 of 3 1 Defendant argues that it is unable to defend the Hong Kong action because of the 2 Temporary Restraining Order (TRO) that has been filed in this case. This Court hereby 3 clarifies that the TRO issued in this case does not prevent Defendant from withdrawing funds 4 from its Hong Kong accounts as authorized by the Hong Kong Court to pay its legal fees and 5 business expenses. 6 7 8 9 10 11 Defendant’s request to advance the Preliminary Injunction hearing date to Friday, June 29, 2012, is DENIED. IT IS HEREBY ORDERED that Defendant’s Emergency Motion for Partial Relief from the Temporary Restraining Order (ECF No. 15) is GRANTED in part and DENIED in part, as stated in this Order. IT IS FURTHER ORDERED that Defendant’s Motion to Extend Time for Briefing 12 Schedule regarding the Hearing on Preliminary Injunction (ECF No. 16) is GRANTED. The 13 Amended TRO (ECF No. 13) shall remain in effect until the hearing on the Preliminary 14 Injunction is held. 15 A hearing is scheduled for Tuesday, July 10th, 2012 at 2:30 p.m. before the 16 Honorable Gloria M. Navarro, United States District Judge, in Courtroom 7D of the 17 Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard, South, Las Vegas, 18 Nevada, for Defendants to show cause why an Order pursuant to Federal Rule of Civil 19 Procedure 65 should not be entered granting to Plaintiff a preliminary injunction extending the 20 relief granted by this Temporary Restraining Order. Plaintiff’s request to have a receiver 21 appointed to take possession of the Defendant’s assets will also be addressed at that hearing. 22 IT IS FURTHER ORDERED that Defendants’ answering papers shall be filed with 23 the Clerk of this Court and served on Plaintiff’s attorneys, with a courtesy copy being 24 delivered to Judge Gloria M. Navarro’s chambers, on or before 5:00 p.m. on Tuesday July 3 25 2012. Reply papers shall be likewise filed with the Clerk of this Court and served on Page 2 of 3 1 Defendants’ attorneys, with a courtesy copy being delivered to Judge Gloria M. Navarro’s 2 chambers, on or before 12:00 noon on Monday, July 9, 2012. 3 DATED this 26th day of June, 2012. 012. 4 5 6 7 ________________________________ ______________________ _ Gloria M. Navarro a M. Navarro v United States District Judge United States e 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 of 3