Bank of America Corporation v. U.S. Loan Auditors, LLC et al

Filing 28

ORDER signed by Judge John A. Mendez on 08/11/10 GRANTING 7 MOTION for PRELIMINARY INJUNCTION. (Williams, D)

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1 LOEB & LOEB LLP MARK D. CAMPBELL (SBN 180528) 2 mcampbell@loeb.com KAREN R. THORLAND (SBN 172092) 3 kthorland@loeb.com 10100 Santa Monica Boulevard, Suite 2200 4 Los Angeles, California 90067-4120 Telephone: 310-282-2000 5 Facsimile: 310-282-2200 6 Attorneys for Plaintiff BANK OF AMERICA CORPORATION 7 8 9 10 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BANK OF AMERICA ) 12 CORPORATION, a Delaware ) corporation, ) 13 ) Plaintiff, ) 14 ) v. ) 15 ) U.S. LOAN AUDITORS, LLC, a ) 16 California limited liability company; ) SHANE BARKER, an individual; ) 17 JAMES SANDISON, an individual; and ) DOES 1-10, ) 18 ) Defendants. ) 19 ) ) 20 ) 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations Case No. 2:10-CV-01329-JAM-JFM Date: August 4, 2010 Time: 9:30 a.m. Ctrm: 6 ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION LA2051829.2 203735-10018 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION PDF created with pdfFactory trial version www.pdffactory.com 1 Having considered the materials submitted by the parties in support of and in 2 opposition to the motion for preliminary injunction brought by Plaintiff Bank of 3 America Corporation ("Plaintiff"), it appears to the satisfaction of the Court that this 4 is a proper case for issuance of a preliminary injunction pursuant to Federal Rule of 5 Civil Procedure 65 and the relevant case law, because (1) Plaintiff will likely 6 succeed on the merits of its federal claims; and (2) unless a preliminary injunction as 7 prayed for issues before trial of this matter, Plaintiff will suffer immediate, 8 irreparable and continuing injury to its business, its business reputation and 9 goodwill. Moreover, the issuance of the preliminary injunction prayed for benefits 10 the general public, and will prevent future harm to consumers. 11 13 THE COURT ORDERS, ADJUDICATES, AND DECREES THAT, pending Defendant U.S. Loan Auditors, LLC ("Defendant"), and each of its officers, 12 a trial on the merits and a determination in this action: 14 agents, employees, representatives, and all persons acting in concert or participating 15 with them are enjoined and restrained from engaging in or performing directly or 16 indirectly any and all of the following acts: 17 19 a. Engaging in false or misleading advertising with respect to its loan b. Publishing commercial advertisements or solicitations falsely stating 18 audit and related legal services and/or violating Lanham Act 43(a); 20 or suggesting that BOA (and/or its affiliates) has engaged in predatory lending 21 practices, has violated federal law in connection with the loans it has originated, or 22 is the subject of a "predatory lending investigation"; and 23 25 26 27 28 LA2051829.2 203735-10018 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION c. Using any of Plaintiff's marks in its commercial advertisements 24 and/or solicitations. PDF created with pdfFactory trial version www.pdffactory.com 1 3 THE COURT FURTHER ORDERS, ADJUDICATES, AND DECREES a. Defendant is ordered to immediately remove from the market all 2 THAT: 4 false or misleading advertising with respect to its loan audit and related legal 5 services including commercial advertisements or solicitations falsely stating or 6 suggesting that BOA (and/or its affiliates) has engaged in predatory lending 7 practices, has violated federal law in connection with the loans it has originated, or 8 is the subject of a "predatory lending investigation"; and 9 10 $5,000.00. 11 12 13 Dated: August 11, 2010_______________________ /s/ John A. Mendez_______ Hon. John A. Mendez 14 United States District Judge United States District Court 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 LA2051829.2 203735-10018 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION b. Plaintiff shall post a security, bond or undertaking in the amount of PDF created with pdfFactory trial version www.pdffactory.com

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