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

Filing 83

MEMORANDUM OPINION AND ORDER: it is ORDERED that the duration of the 8 Statutory Restraining Order, which was previously set to expire on 9/3/2015, is EXTENDED and the 8 Statutory Restraining Order shall remain in force and effect as to Dfts Husa m Tayeh, Dinar Corp., Inc., and Monex Nevada, until a new consent preliminary injunction is entered; it is ORDERED that, on or before 9/14/2014, Plf US Commodity Futures Trading Commission and Dfts Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation ("Monex Nevada") shall file a proposed consent order of preliminary injunction, as further set out in order; Plf is DIRECTED to promptly serve Relief Dft My Monex Inc., an Alabama corporation, with a copy of this Order. Signed by Chief Judge William Keith Watkins on 9/3/2015. (wcl, )

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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(WO)
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MEMORANDUM OPINION AND ORDER
The Statutory Restraining Order (Doc. # 8) entered on July 27, 2015, is
currently set to expire at 4:08 p.m. on September 3, 2015. (Doc. # 43.) At a
preliminary injunction hearing held on September 3, 2015, Plaintiff United States
Commodity Futures Trading Commission and Defendants Husam Tayeh, Dinar
Corp., Inc., and My Monex, Inc., a Nevada corporation (“Monex Nevada”) notified
the court that they jointly consent to a continuation of the Statutory Restraining
Order until a new, consent preliminary injunction is entered.
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, 429-30 (11th Cir. 1982). Because Defendants have consented to the

extension of the Statutory Restraining Order, the court finds that Statutory
Restraining Order will be continued until entry of a consent preliminary injunction.
Accordingly, it is ORDERED that the duration of the Statutory Restraining
Order (Doc. # 8), which was previously set to expire on September 3, 2015, is
EXTENDED 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 a new consent preliminary injunction is entered.
Further, it is ORDERED that, on or before September 14, 2014, Plaintiff
United States Commodity Futures Trading Commission and Defendants Husam
Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation (“Monex
Nevada”) shall file a proposed consent order of preliminary injunction. The court
will enter a consent preliminary injunction within a reasonable time after the
parties file the proposed order.
Plaintiff is DIRECTED to promptly serve Relief Defendant My Monex Inc.,
an Alabama corporation, with a copy of this Order.
DONE this 3rd day of September, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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