Acco Finance Company v. Yancy, et al.

Filing 7

TEMPORARY RESTRAINING ORDER AND ORDER to SHOW CAUSE: Show Cause Hearing set for 2/24/2006 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Show Cause Response due by 2/24/2006 at 9:00 AM signed by Judge Oliver W. Wanger on 2/21/2006. (Lucas, G)

(WMW) Acco Finance Company v. Yancy, et al.

Doc. 7

John G. Michael #106107 Matthew E. Farmer #190484 Case 1:06-cv-00158-OWW-NEW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECORD:
A t t o r n e y s for
B AK E R , M AN O C K & J E N S E N
A P RO F ES SI O NA L CO RP ORA TI O N F IG G A R D E N F IN A N C IA L C E N T E R 5260 NORTH PALM AVENUE, FOURTH FLOOR

Document 7

Filed 02/21/2006

Page 1 of 2

FRESNO, CALIFORNIA 93704-2209 TE L E P H O N E [phone] TE L E C O P IE R [phone]

Plaintiff ACCO FINANCE CO.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ACCO FINANCE CO., a Delaware Corporation,

) ) ) Plaintiff, ) ) v. ) ) KYLE YANCEY, an individual and dba "Kyle ) Yancey Farms"; KAYLA YANCEY, an ) individual; YANCEY FARMS, L.L.C., an ) Arizona limited liability company; BRUCE ) YANCEY, an individual; EUELL BARNES, an ) individual; UAP DISTRIBUTION, INC., a ) Delaware Corporation and also doing business ) as "UAP West"; LOVELAND INDUSTRIES, ) INC., a Colorado corporation and also doing ) business as "UAP West"; and Does 1 to 10, ) ) Defendants. ) ) ______________________________________ )

Case No. 1:06-CV-00158-OWW-LJM TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION Date: Time: Dept.:

TO ALL INTERESTED PARTIES AND/OR THEIR COUNSEL OF

Based upon the Verified Complaint on file herein together with the Exhibits attached thereo, the motion of Plaintiff ACCO FINANCE CO. ("ACCO") for a temporary restraining order and an order to show cause regarding preliminary injunction, the Declaration of Matthew E. Farmer and the exhibits attached thereto, the supporting memorandum of points and authorities, and for good cause shown:

PLAINTIFF ACCO FINANCE CO.'S MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION

Dockets.Justia.com

Case 1:06-cv-00158-OWW-NEW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Document 7

Filed 02/21/2006

Page 2 of 2

YOU, YANCEY FARMS, L.L.C. ARE HEREBY ORDERED TO SHOW CAUSE at _10:00 a.m. on _February 24___________ 2006, or as soon thereafter as counsel may be heard in Department _3_ of the above entitled court, why you, your agents, servants, assigns, and all those acting in concert with you, should not be restrained and enjoined from further prosecuting the garnishment proceeding against ACCO (appearing as the real party in interest for named Garnishee Anderson Clayton Corp.) in Yancey Farms, L.L.C. v. Yancey, Yuma County, State of Arizona Superior Court Case No. CV2004-00868. PENDING HEARING ON THE ABOVE ORDER TO SHOW CAUSE, YOU, YOUR AGENTS, SERVANTS, ASSIGNS, AND ALL THOSE ACTING IN CONCERT WITH YOU, ARE HEREBY RESTRAINED AND ENJOINED FROM further prosecuting the garnishment proceeding against ACCO (appearing as the real party in interest for named Garnishee Anderson Clayton Corp.) in Yancey Farms, L.L.C. v. Yancey, Yuma County, State of Arizona Superior Court Case No. CV2004-00868. IT IS FURTHER ORDERED that the above temporary restraining order is effective immediately. ACCO has deposited the sum of $167,264.19 with this Court, which is the stake alleged in this interpleader action. The order to show cause and supporting papers shall be served on YANCEY FARMS, L.L.C., and all interested parties, no later than _February 23, 2006, before 12:00 p.m., by _personal service__________. Proof of service shall be filed electronically with this Court. The following briefing schedule shall apply: Any opposition papers to the order to show cause shall be filed and served on all interested parties no later than _February 24______, 2006 at 9:00 a.m. Any reply papers to such opposition(s) shall be filed and served on all interested parties no later than __NO REPLY___________________, 2006, at __.m. IT IS SO ORDERED. Dated: February 21, 2006 _/s/ OLIVER W. WANGER________ The Honorable Oliver W. Wanger

G : \ d o c s \ G L u c a s \O r d e r s To Be Signed\06cv158tro.wpd

2
PLAINTIFF ACCO FINANCE CO.'S MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION