Travelers Casualty v. Dunmore, et al

Filing 405

ORDER signed by District Judge Troy L. Nunley on 1/4/2018 DENYING 402 Ex Parte Application and GRANTING the request for an order shortening time for a hearing on the matter. Motion Hearing SET for 1/25/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Hunt, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, a
Connecticut corporation,

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Plaintiff,

No. 2:07-cv-02493-TLN-DB

ORDER

v.
SIDNEY B. DUNMORE, et al.,
Defendants.

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This matter is before the Court on Plaintiff Travelers Casualty and Surety Company of

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America’s (“Plaintiff”) Ex Parte Application. (ECF No. 402.) Defendants Sidney B. Dunmore,

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an individual; Sid Dunmore Trust dated February 28, 2003, a California Trust; and Sidney B.

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Dunmore, Trustee of Sid Dunmore Trust dated February 28, 2003, (collectively “Defendants”)

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oppose the application. (ECF No. 403.) Plaintiff filed a reply. (ECF No. 404.) Plaintiff’s Ex

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Parte Application seeks an order requiring Sidney B. Dunmore to relinquish his passport to the

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Court until he complies with the Court’s Order (ECF No. 399) to repatriate funds. In the

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alternative, Plaintiff requests an order shortening the time for a hearing on this matter.

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The Court is not inclined to rule on a request for seizing a person’s passport in an ex parte

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application. This disinclination is heightened here, where Plaintiff knew of the information

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offered in support of their emergency request well before the request was made. (Compare ECF
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No. 402-1 with ECF No. 383-1.) The only new information suggesting any type of an emergency

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is an unsubstantiated exhibit purporting to show Defendant Sidney B. Dunmore sold his home on

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December 11, 2017. (ECF No. 404-2 at 6, Ex. A.) Without more information demonstrating

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exigency or urgency, the Court will not rule on an application that removes — even temporarily

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— a person’s ability to travel.

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As to Plaintiff’s request to shorten time, the same facts suggest such a request is without

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merit. However, in light of Defendants’ pending motion for reconsideration (ECF No. 400) and

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the Court’s desire to expeditiously decide both matters without wasting judicial resources, the

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Court will offer an abbreviated briefing schedule. The hearing time for Plaintiff’s motion to order

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Sidney B. Dunmore to surrender his passport is hereby shortened and the motion shall be heard

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on January 25, 2018 at 2 PM in Courtroom 2. The motion shall be filed on or before January 8,

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2018. Any opposition or statement of non-opposition shall be filed on or before January 15,

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2018. Any reply shall be filed on or before January 22, 2018. The Court recommends each party

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thoroughly discuss Bank of America, N.A. v. Veluchamy, 643 F.3d 185 (7th Cir. 2011), as well as

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any and all applicable Ninth Circuit cases, both by the Circuit Court and the District Courts

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within the Circuit. Finally, the Court suggests presenting any applicable California statutory law

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which either allows or prohibits the Court from ordering Defendant to surrender his passport to

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the Court.

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For the foregoing reasons, Plaintiff’s Ex Parte Application to order Sidney B. Dunmore to

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surrender his passport is hereby DENIED and the request for an order shortening time for a

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hearing on the matter is hereby GRANTED.

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IT IS SO ORDERED.

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Dated: January 4, 2018

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Troy L. Nunley
United States District Judge

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