United Pacific Energy Operations And Consulting, Inc. et al v. Gas And Oil Technologies, Inc. et al

Filing 21

TEMPORARY RESTRAINING ORDER AND ORDER SHORTENING TIME for a Notice and Hearing of Motion to Invalidate Third-Party Claim. IN-COURT HEARING on plaintiff's motion is set for 6/9/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. IT IS FURTHER ORDERED that the Eastern District's US Marshal Service, and its agents and employees, are enjoined from transferring, releasing, or making any other disposition of any properties levied upon by them on behalf of plaintiff, or rel easing any lien or other security interest of plaintiff, including the properties known as BLM Lease Nos. CACA 45618 and 45619, in Kern County, California; order signed by Judge Oliver W. Wanger on 5/23/2011. (US Marshal Service, Fresno, hand delivered copy of instant order)(Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED PACIFIC ENERGY OPERATIONS )
AND CONSULTING, INC., etc., et
)
al.,
)
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Plaintiffs,
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v.
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GAS AND OIL TECHNOLOGIES, INC., )
etc., et al.,
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Defendants.
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)
)

1:11-cv-0756 OWW SMS
TEMPORARY RESTRAINING ORDER
AND ORDER SHORTENING TIME
FOR NOTICE AND HEARING OF
MOTION TO INVALIDATE THIRD
PARTY CLAIM
[CCP § 720.380]

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The Ex Parte Application (“Application”) of Judgment

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Creditor United Pacific Energy Operations and Consulting, Inc.

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(“Plaintiff”), for Temporary Retraining Order staying disposition

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of properties levied upon by the U.S. Marshals Services, and for

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Order Shortening Time for the notice and hearing of a Petition to

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Invalidate Third Party Claim of Tearlach Resources (California)

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Ltd. (“TRC”), and supporting documentary and other evidence

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having been duly filed, and having been considered by the Court

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at the Court’s ex parte hearing hereof on May 23, 2011, and good

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cause appearing therefor;

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IT IS ORDERED:
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Pending hearing of Plaintiff’s Petition to Invalidate

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Third Party Claim of Tearlach Resources (California) Ltd.

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(“Petition”), set for hearing as indicated below, or at such

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other subsequent date as the matter may be continued to by the

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Court, the Eastern District U.S. Marshals Services (“USMS”) and

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its agents and employees, are hereby enjoined from transferring,

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releasing or making any other disposition of any properties

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levied upon by the USMS on behalf of Plaintiff UPEOC, or

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releasing any lien or other security interest of the Plaintiff

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UPEOC in any properties levied upon by the USMS on behalf of

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Plaintiff UPEOC, including the properties known as BLM Lease Nos.

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CACA 45618 and 45619, in Kern County, California.

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2.

Plaintiff shall personally serve or serve by overnight

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delivery this Notice of Hearing of the Petition (which the

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Plaintiff has previously served on respondent TRC and filed

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herein) on respondent by May 23, 2011, before 11:59 p.m.

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may be by fax to be followed by mailing within one day.

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court clerk shall place the Plaintiff’s motion on calendar for

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hearing at 12:00 p.m. on June 9, 2011, in Courtroom 3, of the

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above-captioned court.

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3.

Service
The

Pursuant to FRCP Rule 65(b)(2) the Court also finds as

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follows: (a) that issuance of this Order is appropriate as the

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Plaintiff’s injury is the imminent loss of a valuable security

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interest in two oil properties and (b) such injury is irreparable

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because the said security interest would be unavailable to secure

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Plaintiff’s execution against the said properties.

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PURSUANT TO LOCAL RULE 231, RESPONDENTS HAVE THE RIGHT TO
APPLY TO THE COURT FOR MODIFICATION OR DISSOLUTION ON TWO (2)
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DAYS’ NOTICE OR SUCH SHORTER NOTICE AS THE COURT MAY ALLOW.

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FED. R. CIV. P. 65(B).

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IT IS SO ORDERED.

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Dated:
May 23, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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SEE