Federal Deposit Insurance Corporation v. McConnell et al

Filing 12

ORDER granting plaintiff's motion for temporary restraining order 5 in part as set forth in detail in the attached Order. By Judge Philip A. Brimmer on 10/7/11. (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-02609-PAB
FEDERAL DEPOSIT INSURANCE CORPORATION, in its Capacity as Receiver for
FirsTier Bank,
Plaintiff,
v.
GEORGE G. MCCONNELL,
ROBERT G. MCCONNELL, and
SARAH PETERSON,
Defendants.

ORDER

This matter came before the Court for a hearing on plaintiff’s Motion for
Temporary Restraining Order [Docket No. 5]. The Court heard the testimony of
Gregory Gilroy on behalf of plaintiff and also of defendants Sarah Peterson and George
McConnell. At the conclusion of the hearing, the Court made findings of fact and
conclusions of law. One of the Court’s conclusions of law was that plaintiff carried its
burden of establishing all four factors identified in RoDa Drilling Co. v. Siegal, 552 F.3d
1203, 1308 (10th Cir. 2009), in support of its motion for issuance of a temporary
restraining order. Therefore, it is
ORDERED that plaintiff’s Motion for Temporary Restraining Order [Docket No. 5]
is granted in part and denied in part, as set forth below. It is further
ORDERED that defendants George McConnell, Sarah Peterson, their officers,
agents, servants, employees, and attorneys, and those persons acting in concert with

them who receive actual notice of this Order, are hereby enjoined from operating a
haunted house or conducting any activities related to a haunted house on Outlot A of
9849 Isabelle Road, Lafayette, Colorado 80228. It is further
ORDERED that defendants George McConnell and Sarah Peterson shall
remove all structures related to the haunted house from Outlot A of 9849 Isabelle Road,
Lafayette, Colorado 80228 on or before October 28, 2011. It is further
ORDERED that this Order shall expire within fourteen days of the date this Order
was issued, October 7, 2011, unless within that time it is extended for good cause
shown. It is further
ORDERED that the parties shall contact the Court on or before October 11, 2011
to set a hearing on plaintiff’s motion for preliminary injunction.

DATED October 7, 2011.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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