United States Commodity Futures Trading Commission v. Dinar Corp., Inc. et al

Filing 43

MEMORANDUM OPINION AND ORDER: ORDERED that 1. The 34 motion to continue the Statutory Restraining Order is GRANTED in part as to the request that the Statutory Restraining Order be extended as to Defendants, but DENIED in part as to the request tha t the Statutory Restraining Order be extended as to Relief Defendants; 2. The duration of the Statutory Restraining Order (Doc. # 8 ), which was previously set to expire on August 24, 2015, is EXTENDED as to Defendants and the Statutory Restraining Order (Doc. # 8 ) shall remain in force and effect as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada, until 4:08 p.m. on September 3, 2015; 3. The deadline for Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada to SHOW CAUSE why Plaintiffs separately filed Motion for Preliminary Injunction (Doc. # 3 ) should not be granted, and to file their response(s), including all counter or opposing affidavits and a memorandum of legal authority, previously set for August 18, 2015 , is EXTENDED to and including August 28, 2015; and 4. A preliminary injunction hearing on Plaintiffs separately filed Motion for Preliminary Injunction (Doc. # 3 ) is SET for September 3, 2015, at 10:00 a.m., in courtroom 2-B of the Frank M. Johnso n, Jr. U.S. Courthouse, in Montgomery, Alabama. The hearing will be held on whether the Statutory Restraining Order will be converted to a preliminary injunction as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada. Counsel shall appear in person, and telephonic appearances will not be permitted. Plaintiff is DIRECTED to serve Relief Defendants promptly with a copy of this Order. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing. Signed by Chief Judge William Keith Watkins on 8/21/2015. (furn: AR, Calendar)(kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
U.S. COMMODITY FUTURES
TRADING COMMISSION,
Plaintiff,
v.
DINAR CORP, et al.,
Defendants.

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) CASE NO. 1:15-CV-538-WKW
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(WO)
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MEMORANDUM OPINION AND ORDER
Before the court is the motion (Doc. # 34) filed by Defendants Husam
Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation (“Monex
Nevada”) to continue the Statutory Restraining Order in force for an additional ten
days. Plaintiff does not oppose the motion. (Doc. # 40.)
The Statutory Restraining Order (Doc. # 8) entered at 4:08 p.m. on July 27,
2015, is currently set to expire at 4:08 p.m. on August 24, 2015. (Doc. # 19.)
Federal Rule of Civil Procedure 65(b)(2) provides that a temporary restraining
order may operate for longer than a period of twenty-eight days if the adverse party
consents. Fed. R. Civ. P. 65(b)(2); Fernandez-Roque v. Smith, 671 F.2d 426, 42930 (11th Cir. 1982). Because Defendants have consented to the extension of the

statutory restraining order, the court finds that the motion is due to be granted as to
Defendants.
However, the court will not extend the Statutory Restraining Order as to
Relief Defendants because Relief Defendants have not consented to the extension
of the Statutory Restraining Order. Fed. R. Civ. P. 65(b)(2) (“The [temporary
restraining] order expires at the time after entry--not to exceed 14 days--that the
court sets, unless before that time the court, for good cause, extends it for a like
period or the adverse party consents to a longer extension.”). Further, Plaintiff has
agreed that an extension of the TRO as to the Relief Defendants is not necessary.
(Doc. # 42.)
Accordingly, it is ORDERED that
1.

The motion to continue the Statutory Restraining Order (Doc. # 34) is
GRANTED in part as to the request that the Statutory Restraining
Order be extended as to Defendants, but DENIED in part as to the
request that the Statutory Restraining Order be extended as to Relief
Defendants;

2.

The duration of the Statutory Restraining Order (Doc. # 8), which was
previously set to expire on August 24, 2015, is EXTENDED as to
Defendants and the Statutory Restraining Order (Doc. # 8) shall
remain in force and effect as to Defendants Husam Tayeh, Dinar

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Corp., Inc., and  Monex Nevada, until 4:08 p.m. on September 3,
2015;
3.

The deadline for Defendants Husam Tayeh, Dinar Corp., Inc., and
Monex Nevada to SHOW CAUSE why Plaintiff’s separately filed
Motion for Preliminary Injunction (Doc. # 3) should not be granted,
and to file their response(s), including all counter or opposing
affidavits and a memorandum of legal authority, previously set for
August 18, 2015, is EXTENDED to and including August 28, 2015;
and

4.

A preliminary injunction hearing on Plaintiff’s separately filed Motion
for Preliminary Injunction (Doc. # 3) is SET for September 3, 2015,
at 10:00 a.m., in courtroom 2-B of the Frank M. Johnson, Jr. U.S.
Courthouse, in Montgomery, Alabama. The hearing will be held on
whether the Statutory Restraining Order will be converted to a
preliminary injunction as to Defendants Husam Tayeh, Dinar
Corp., Inc., and Monex Nevada. Counsel shall appear in person, and
telephonic appearances will not be permitted.

Plaintiff is DIRECTED to serve Relief Defendants promptly with a copy of
this Order.

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The Clerk of the Court is DIRECTED to provide a court reporter for the
hearing.
DONE this 21st day of August, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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