First Security Bank v. Harvey et al

Filing 12

ORDER denying 2 Motion to Appoint Receiver; granting 6 Motion for TRO; and setting a hearing for a preliminary injunction on September 7, 2010 at 2:00 p.m.. Signed by Judge Brian S. Miller on 8/17/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION FIRST SECURITY BANK v. CASE NO. 4:10-CV-00910 BSM DEFENDANT ORDER Plaintiff First Security Bank's ("FSB") request for appointment of a receiver (Doc. No. 2) is denied and its request for a temporary restraining order (Doc. No. 6) is granted. Pursuant to Federal Rule of Civil Procedure 65(b), defendants Edward M. Harvey and Bonnie P. Harvey ("the Harveys") are hereby prohibited from selling or transferring any of their assets, or the assets of any companies they control, until a hearing can be held on FSB's motion for a preliminary injunction. Pursuant to Federal Rule of Civil Procedure 65(b), this order expires in fourteen (14) days. The rule also allows an extension by the court for good cause, however. The court's trial schedule cannot accommodate a hearing for a preliminary injunction until September 7, 2010 at 2:00 pm. Accordingly, this order is extended for an additional seven (7) days, and the parties are hereby directed to appear for a hearing for a preliminary injunction on September 7, 2010 at 2:00 pm. IT IS SO ORDERED this 17th day of August, 2010. UNITED STATES DISTRICT JUDGE PLAINTIFF

EDWARD M. HARVEY and BONNIE P. HARVEY