Granite Southlands Town Center, LLC v. Alberta Town Center, LLC et al

Filing 206

TEMPORARY RESTRAINING ORDER AGAINST DEFENDANT ALBERTA. (Modifies and Replaces the Court's Previous Order ECF 203 Temporary Restraining Order. Temporary Restraining Order is effective upon the filing of a bond or cash in lieu of bond. In Court Hearing set for 9/29/2012 at 03:00 PM before Judge Sterling Johnson Jr, by Judge Sterling Johnson, Jr on 9/23/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-CV-00799-SJJ-KLM
GRANITE SOUTHLANDS TOWN CENTER LLC,
Plaintiff,
THIS ORDER MODIFIES AND REPLACES
THE COURT’S PREVIOUS ORDER ECF # 203
v.
ALBERTA TOWN CENTER, LLC and
LAND TITLE GUARANTEE COMPANY,
Defendants.
TEMPORARY RESTRAINING ORDER
AGAINST DEFENDANT ALBERTA
ON THIS DAY came on to be heard Granite Southlands Town Center LLC (“Plaintiff”)
request for a temporary restraining order as set forth in Plaintiff’s Application for Temporary
Restraining Order and Preliminary Injunction Hearing (“Application”).

The Court, having

examined the Application, finds that said Application shows Plaintiff to be entitled to a
Temporary Restraining Order, pending the hearing on the request for Preliminary Injunction. It
clearly appears from the facts set forth in the Application that Defendant Alberta Town Center,
LLC (“Defendant”) will transfer or otherwise negotiate funds from Defendant’s settlement of an
arbitration against Callison Architecture, Inc. absent this Court’s order and, therefore, be unable
to satisfy Defendant’s anticipated debt to Plaintiff.
The Court further finds that such activity will cause substantial harm to Plaintiff and that
Defendant should be enjoined from such activity.
The Court further finds that Plaintiffs have shown a probable right of success on the
merits and probable injury if this Temporary Restraining Order is not granted. For the foregoing

86142277.1

-1-

reasons, IT IS THEREFORE ORDERED that a Temporary Restraining Order be, and the same is
hereby GRANTED and issued and Defendant, its agents, officers, servants, employees,
representatives, attorneys, and any other individual or entity in active concert or participation
with Defendant ("Alberta Parties"), are hereby ordered as follows:
•

Alberta Parties are hereby enjoined from transferring or otherwise negotiating at
least $700,000 of the funds received in connection with settlement of Defendant’s
arbitration against Callison Architecture, Inc. (“Callison Settlement Funds”);

•

Alberta Parties are hereby ordered to hold all or any portion of the Callison
Settlement Funds in their possession, custody, or control, sufficient to total at
least $700,000, until further order of this Court.

IT IS FURTHER ORDERED that this Temporary Restraining Order be effective upon
the filing of a Bond or Cash in Lieu of the Bond in the amount of $10,000 payable to the Clerk of
the Court as required by law. The Temporary Restraining Order shall continue in effect until the
hearing set below is completed and/or an order entered.
IT IS FURTHER ORDERED that upon the filing of such Bond or Cash in Lieu of Bond
by Plaintiff, the Clerk of this Court shall issue citation and notice to Defendant of the Temporary
Restraining Order and a Preliminary Injunction Hearing, said hearing being set by the Court for
the 29 day of September, 2012, at 3pm EST.
SIGNED this 23 day of September, 2011, at 6:30pm EST.

_____________________/s/___________________
United States District Judge Sterling Johnson Jr.

86142277.1

-2-