Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 111

PRELIMINARY INJUNCTION ORDER (Illston, Susan) (Filed on 12/5/2011)

1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6
7
8

FIDELITY NATIONAL TITLE INSURANCE
COMPANY, et al.,

PRELIMINARY INJUNCTION ORDER

9
United States District Court
For the Northern District of California

10
11

No. C 11-00896 SI

Plaintiffs,
v.
JAMES CASTLE, et al.,

12

Defendants.

/

13
14
15

On September 6, 2011, the Court granted plaintiffs ex parte motion for temporary restraining

16

order (“TRO”) to freeze the assets of the then-named defendants. This temporary restraining order was

17

dissolved on September 13, 2011 against all defendants except James C. Castle and related entities

18

owned, managed, or controlled by him: defendants CCTT Group, CJT Financial Group, OREPLEX

19

LLC, and JTF Consulting LLC. During the September 13, 2011 hearing, plaintiffs’ counsel informed

20

the Court that the following assets were frozen:

21

•

22

Two Bank of America accounts belonging to CCTT Group, one with a balance of
$9,692, the other with approximately $45,000;

23

•

One Bank of America account belonging to CJT Financial Group, with $272,900;

24

•

One Bank of America account belonging to Oreplex International, LLC, with $1,100;

25

•

One Bank of America account belong to JTF Consulting, LLC, with $83;

26
27
28

Hearing Tr., Sept. 13, 2011, 6:12-7:20.
On November 23, 2011, the Court granted plaintiff’s motion for a preliminary injunction. In that
Order, the Court stated:

1

Plaintiffs are directed to submit to the Court a proposed form of Preliminary
Injunction, consistent with this order, continuing the Asset Freeze of the
accounts of CCTT, Oreplex, and CJT. The terms and conditions of the
Preliminary Injunction shall be substantially similar to those of the TRO
already in effect, and the document shall include the names, addresses and
account identifiers for the accounts currently subject to freeze. Defendant
Castle may seek judicial authorization to withdraw personal and/or legal
expenses from the frozen business accounts, but any such petition must include
evidence of his authorization to use business funds for personal purposes.

2
3
4
5
6

Order Granting Prelim. Injunct., Nov. 23, 2011 at 12. Plaintiffs have since submitted a proposed order,

7

and defendant James Castle has submitted his objections and counter-proposal. Having considered the

8

papers submitted by the parties, the terms of the preliminary injunction is as follows:

9
United States District Court
For the Northern District of California

10

I.

ASSET FREEZE

11

IT IS THEREFORE ORDERED that Defendants Oreplex International, LLC, CCTT Group,

12

CJT Financial Group, and JTF Consulting LLC are hereby restrained and enjoined from directly

13

or indirectly, transferring, converting, selling, concealing, disbursing, spending, withdrawing,

14

liquidating, encumbering, pledging, assigning or otherwise disposing of the Assets held in the

15

following accounts:

16

•

CCTT Group, Legal Order Processing, P.O. Box 54660, Los
Angeles, CA 90054, Account No. xxxxxxxxxx2374;

•

CCTT Group, Legal Order Processing, P.O. Box 54660, Los
Angeles, CA 90054, Account No. xxxxxxxxxx3343;

•

CJT Financial Group, Legal Order Processing, P.O. Box 54660,
Los Angeles, CA 90054, Account No. xxxxxxxxxx3370;

•

Oreplex International, LLC, Legal Order Processing, P.O. Box
54660, Los Angeles, CA 90054, Account No.
xxxxxxxxxx1123; and

•

JTF Consulting LLC, Legal Order Processing, P.O. Box 54660,
Los Angeles, CA 90054, Account No. xxxxxxxxxx9110;

17
18
19
20
21
22
23
24
25
26
27
28

IT IS FURTHER ORDERED that any financial institution, broker, dealer, or escrow agent
having possession, custody or control of the Assets described hereinabove, hold and retain
within its control and prohibit the transfer, encumbrance, pledge, hypothecation, assignment,
removal, withdrawal, disbursement, conversion, sale, gift, or other disposal of any such Asset,
2

1

in whole or in part, except for transfers or withdrawals authorized by further order of this Court.

2
3

II.

SERVICE OF ORDER

4

IT IS FURTHER ORDERED that copies of this Preliminary Injunction Order may be

5

served by any means, including electronic or facsimile transmission, upon any financial

6

institution or other entity or person that may have possession, custody, or control of the

7

Assets described hereinabove or any Documents evidencing ownership of such Assets.

8
9

III.

SCOPE OF ORDER

United States District Court
For the Northern District of California

10

IT IS FURTHER ORDERED that nothing in this Preliminary Injunction precludes

11

Plaintiffs from moving to expand the scope of this Order to include additional

12

defendants or assets upon a proper showing to the Court on noticed motion.

13
14

IV.

15

PERSONAL AND LIVING EXPENSES
Defendant Castle may seek judicial authorization to withdraw personal and/or legal expenses

16

from the frozen business accounts, but any such petition must include evidence of his authorization

17

to use business funds for personal purposes

18
19

V.

UNDERTAKING

20

IT IS FURTHER ORDERED that this preliminary injunction shall not be effective

21

until and unless Plaintiffs file an undertaking with the Clerk of this Court in the amount

22

of $10,000. The plaintiffs may affirm with the Clerk that the bond posted for the TRO

23

is to be used as bond for this preliminary injunction.

24
25

IT IS SO ORDERED.

26
27

Dated: December 5, 2011
SUSAN ILLSTON
United States District Judge

28
3