Hillsborough Title, Inc. v. Samora Construction LLC et al
Filing
34
ORDER that Temporary Restraining Order, as amended by the Order and the Court's May 29,2015 Order Extending Temporary Restraining Order 21 , is hereby extended until June 29, 2015 at 3:45 p.m., and a hearing is scheduled for June 29, 2015, at 10:30 a.m. in Courtroom 14A, U.S. District Court, 801 North Florida Avenue, Tampa, Florida. See order for further details. Signed by Judge Elizabeth A. Kovachevich on 6/11/2015. (SN)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HILLSBOROUGH TITLE, INC.
a Florida corporation,
d/b/a PARAMOUNT TITLE,
Case No.: 8:15-cv-01172-EAK-TGW
Plaintiff,
v.
SAMORA CONSTRUCTION LLC,
PEARL & SAMORA LLC, and
JPMORGAN CHASE BANK, N.A.,
Defendants.
/
ORDER EXTENDING AND AMENDING TEMPORARY RESTRAINING ORDER
THIS CAUSE is before the Court on Plaintiffs Motion to Amend Temporary Restraining
Order (the “Motion to Amend”) (Doc. 29) filed June 10, 2015, and on Plaintiffs ore tenus
Motion to Extend the Temporary Restraining Order previously entered and extended by the
Court (Doc. 8, 21) (the “Motion to Amend”). Plaintiffs trial counsel presented the Motion to
Amend in open court at the Preliminary Injunction Hearing that commenced at 10:00 a.m. on
June 11, 2015 (the “Hearing”) (Doc. 30), as scheduled by prior Orders of the Court (Doc. 21,
25). The Court heard argument on, received no objection to, and considered the Motion to
Amend and the Motion to Extend at the TRO Hearing. The Court also considered the testimony
of James Farr and Aaron Davis at the TRO Hearing, in addition to the Affidavit of James Farr
(Doc. 3) and the Declaration of Wayne C. Carey (Doc. 27-1) that were previously filed herein.
Plaintiff, Hillsborough Title, Inc. d/b/a Paramount Title (“Paramount Title”), seeks to
amend the Temporary Restraining Order entered in this case on May 18, 2015 (the “TRO”)
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(Doc. 8), which the Court subsequently extended through June 15, 2015 (Doc. 21). Paramount
Title also seeks to extend the TRO through June 29, 2015.
Paramount Title seeks the
amendment to provide further clarification to the TRO in light of new facts revealed by
Defendant JPMorgan Chase Bank, N.A. (“Chase”) in its Response to Motion for Temporary
Restraining Order (Doc. 27), and to prevent additional irreparable harm to Paramount Title.
Paramount Title seeks the extension to provide it with additional time within which to attempt to
serve the Motion to Amend and this Order on Defendants Samora Construction LLC and Pearl &
Samora LLC (to the extent the later named Defendant exists).
After consideration, and for good cause shown, the Court grants the Motion to Amend
and the Motion to Extend.
Accordingly, it is ORDERED AND ADJUDGED AS FOLLOWS:
1. The Motion to Amend is GRANTED.
2. The Motion to Extend is GRANTED.
3. Paragraph 2 of the Temporary Restraining Order entered on May 18, 2015 (Doc. 8) is
amended to read as follows:
Defendants, and all persons and entities that are in active concert or
participation with any of them, including but not limited to Samora Patterson,
Patterson Investment LLC, and CMJ Realty, LLC, are enjoined from directly or
indirectly spending, moving, transferring, secreting, assigning, conveying,
destroying, encumbering, liquidating, mortgaging, selling, or in any other
manner disposing of money that was wired to and/or held in the Chase Bank
account associated with Samora Construction ending in 7789, and otherwise
preventing Paramount Title from recovering its funds, pending further order of
this Court.
Additionally, the payees on the cashier’s checks listed below, and any other
checks, cashier’s checks or other instruments drawn on or against the Chase
Bank account associated with Samora Construction ending in 7789, including
but not limited to Samora Patterson, Patterson Investment LLC, and CMJ
Realty, LLC, and any manager, officer, employee, or other person associated
with any such payees, are enjoined from directly or indirectly spending, moving,
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transferring, secreting, assigning, conveying, destroying, encumbering,
liquidating, mortgaging, selling, or in any other manner disposing of any such
checks, cashier’s checks or other instruments, including but not limited to the
following cashier’s checks:
•
Check number 1646708953 in the amount of $575,000.00 made payable to
Patterson Investment Group LLC.
•
Check number 1646708955 in the amount of $585,000.00 made payable to
Patterson Investment Group LLC.
•
Check number 1646708956 in the amount of $550,000.00 made payable to
Patterson Investment Group LLC.
•
Check number 1646708962 in the amount of $150,000.00 made payable to
Patterson Investment Group LLC.
•
Check number 1646708963 in the amount of $200,000.00 made payable to
Patterson Investment Group LLC.
•
Check number 9806108753 in the amount of $100,000.00 made payable to
Patterson Investment Group LLC.
•
Check number 9806108752 in the amount of $170,000.00 made payable to
CMJ Realty LLC.
Additionally, Defendants, and all persons and entities that are in active concert
or participation with any of them, including but not limited to Samora
Patterson, Patterson Investment LLC, and CMJ Realty, LLC, are ordered and
directed to immediately turn over the cashier’s checks listed above, and any
other checks, cashier’s checks or other instruments drawn on or against the
Chase Bank account associated with Samora Construction ending in 7789, to
any one of the following:
•
Hillsborough Title, Inc., d/b/a Paramount Title
c/o John J. Agliano, Esquire
Bajo / Cuva / Cohen / Turkel, P.A.
100 North Tampa Street
Suite 1900
Tampa, Florida 33602
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•
JPMorgan Chase Bank, N.A.
c/o John M. Guard, Esquire
Quarles & Brady LLP
101 East Kennedy Boulevard
Suite 3400
Tampa, Florida 33602
•
United States Attorney’s Office
c/o Lakshmi Srinivisan Herman, Esquire
Assistant United States Attorney
District of New Jersey
970 Broad Street
Newark, New Jersey 07102
•
The Honorable Elizabeth A. Kovachevich
United States District Judge
Sam M. Gibbons United States Courthouse
801 North Florida Avenue
Room 1430
Tampa, Florida 33602
1. The Temporary Restraining Order, as amended by this Order and the Court’s May 29,
2015 Order Extending Temporary Restraining Order (Doc. 21), is hereby extended until June 29,
2015 at 3:45 p.m., and a hearing is scheduled for June 29, 2015, at 10:30 a.m. before the
undersigned in Courtroom 14A, U.S. District Court, 801 North Florida Avenue, Tampa, Florida.
DONE and ORDERED in Chambers, in Tampa Florida on this
Copies to :" —
All parties and counseToFre
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of June 2015 at
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