Carreon v. Inman et al

Filing 20

Ex Parte Application For Temporary Restraining Order and Order to Shaw Cause Re Preliminary Injunction filed by Charles Carreon. (Attachments: # 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, # 2 Declaration OF CHARLES CARREON IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, # 3 Exhibit (S) A - K TO THE DECLARATION OF CHARLES CARREON IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION, # 4 Proposed Order EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUCNTION)(Carreon, Charles) (Filed on 6/30/2012)

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CHARLES CARREON, ESQ. (127139)
2165 S. Avenida Planeta
Tucson, Arizona 85710
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney Pro Se for Plaintiff Charles Carreon

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES CARREON

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Plaintiff,
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vs.
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MATTHEW INMAN, INDIEGOGO, INC., )
NATIONAL WILDLIFE FEDERATION,
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AND AMERICAN CANCER SOCIETY,
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and Does 1 – 100,
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Defendants,
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and
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KAMALA HARRIS, Attorney General of the )
State of California,
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A Person To Be Joined If
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Feasible Under F.R.Civ.P. 19. )
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Case No.: CV-12-3112-EMC
EX PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE RE
PRELIMINARY INJUNCTION;
REQUEST TO ATTEND HEARING BY
TELEPHONE
Judge: Hon. Edward M. Chen
Courtroom: 5, 17th Floor
Date: To be set
Time: To be set

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN, PLEASE TAKE
NOTICE THAT Plaintiff hereby moves this Court ex parte pursuant to Local Rule 65-1 and
F.R.Civ.P. 65 for a Temporary Restraining Order and Order to Show Cause Regarding
Preliminary Injunction, to enjoin defendant Indiegogo, Inc. (“Indiegogo”) pending trial of this
action from transferring the proceeds of the Bear Love campaign in the amount of not less than
$220,014 (the “Charitable Fund”), or any amount at all, to Matthew Inman (“Inman”) or any
other entity, and requiring that the Charitable Fund be held as segregated funds by Indiegogo
pending distribution of the Charitable Fund to the designated beneficiaries of the Bear Love
campaign, to wit, defendants, the American Cancer Society and the National Wildlife Federation.

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NOTICE OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, Page 1 of 2

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This Application is made on the grounds that Plaintiff and all other donors to the

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Charitable Fund will be irreparably harmed without injunctive relief, because pursuant to the

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operative contract between Inman and Indiegogo, 96% of the Charitable Fund will be disbursed

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to Inman, because Inman has denied Plaintiff’s request to relinquish all right, title and interest in

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the Charitable Fund, because if the funds are disbursed to Inman, they may be lost, dissipated,

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and diverted from the charities in the names of which they were solicited, and because if the

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funds are disbursed to Inman he will be unjustly enriched by the amount of a tax-write-off that

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should lawfully be distributed pro-rata among all of the donors to the Charitable Fund.

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This Application is based on the First Amended Complaint on file in this action, the

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Memorandum of Points and Authorities submitted herewith, the Declaration of Charles Carreon,

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the files and records of the action, and such other evidence and argument the Court considers.

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Notice of this Application has been and will be provided in compliance with Local Rule

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7-1- and 65-1. As averred in ¶ 32 of the Carreon Declaration, Dep. AG Kelvin Gong of the

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Office of Attorney General for the State of California (the “AG”) has accepted service of process

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via email for the AG, and Plaintiff has undertaken to promptly provide him with notice when and

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if the Court sets a hearing in the matter. As averred at ¶ 35 of the Declaration of Charles Carreon

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submitted herewith, defendants Inman and Indiegogo have appeared through counsel and

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received notice of this Application through the ECF System. As averred in ¶ 36 of the Carreon

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Declaration, service on defendant the American Cancer Society has been accomplished by email

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service on their counsel. As averred in ¶ 36 of the Carreon Declaration, service of this

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Application on defendant National Wildlife Federation is pending, and a proof of service will be

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filed shortly.

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For the reasons set forth in ¶ 38 of the Carreon Declaration, plaintiff requests to attend

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any hearing on this matter by telephone.

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Dated: June 28, 2012

CHARLES CARREON, ESQ.

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By:s/Charles Carreon
CHARLES CARREON (127139)
Attorney for Plaintiff Pro Se

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NOTICE OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, Page 2 of 2