Manchester Place HOA Inc v. Owners Insurance Company

Filing 50

TEMPORARY RESTRAINING ORDER granting 40 Motion for Temporary Restraining Order and/or Preliminary Injunction; F.R.C.P. 65 and D.C.COLO.LCivR 65.1. Defendant, Owners Insurance Company, shall deposit with the clerk of the court a bond in the amount of five hundred dollars ($500).The bond shall be deposited with the clerk of the court on or before October 21, 2015, at 5:00 p.m. (MDT). By Judge Robert E. Blackburn on 10/19/2015. (mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-03226-REB-KLM
MANCHESTER PLACE HOA, INC.
Plaintiff,
vs.
OWNERS INSURANCE COMPANY, an Ohio corporation,
Defendant.

TEMPORARY RESTRAINING ORDER
Blackburn, J.
The matter is before me on the request for a temporary restraining order stated in
the defendant’s Motion for Temporary Restraining Order and/or Preliminary
Injunction; F.R.C.P. 65 and D.C.COLO.LCivR 65.1 [#40]1 filed October 14, 2015.
After careful review of the motion and the file, I conclude that the request for a
temporary restraining order should be granted on the terms stated in this order.
THEREFORE, IT IS ORDERED as follows:
1. That the request for a temporary restraining order stated in the Motion for
Temporary Restraining Order and/or Preliminary Injunction; F.R.C.P. 65 and
D.C.COLO.LCivR 65.1 [#40] is granted;
2. That the plaintiff, Manchester Place, HOA, Inc., its contractors, agents,
servants, employees, attorneys, and any and all persons in active concert or

1

“[#40]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

participation with it who receive actual notice of this order by personal service or
otherwise, are enjoined and prohibited from commencing demolition or repairs at 1379,
1389, and 1399 South Idalia Street, Aurora, Colorado 80017, until October 21, 2015;
3. That under FED. R. CIV. P. 65(c), the defendant, Owners Insurance Company,
shall deposit with the clerk of the court a bond in the amount of five hundred dollars
($500) for the payment of such costs and damages as may be suffered by any party
later found to have been wrongfully restrained;
4. That the bond shall be deposited with the clerk of the court on or before
October 21, 2015, at 5:00 p.m. (MDT); and
5. That the request for a preliminary injunction stated in the Motion for
Temporary Restraining Order and/or Preliminary Injunction; F.R.C.P. 65 and
D.C.COLO.LCivR 65.1 [#40], shall remain pending.
Dated October 19, 2015, at Denver, Colorado.
BY THE COURT:

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