Hillsborough Title, Inc. v. Samora Construction LLC et al

Filing 8

ORDER granting 2 Motion for temporary restraining order. Defendants, and all persons and entities that are in active concert or participation with any of them, 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, and otherwise preventing Paramoun t Title from recovering its funds, pending further order of this Court. To secure this Temporary Restraining Order, Plaintiff shall post a bond or cash in the amount of $ 10,000.00, within twenty-four (24) hours. This Order shall be effective for fourteen (14) days. A hearing is scheduled for Monday, June 1, 2015, at 1:30 p.m. before the undersigned in Courtroom 14A, U.S. District Court, 801 North Florida Avenue, Tampa, Florida. The length of the hearing is set for 2 hours. Signed by Judge Elizabeth A. Kovachevich on 5/18/2015. (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.
/

TEMPORARY RESTRAINING ORDER
THIS CAUSE is before the Court on Plaintiff’s Emergency Motion for Temporary
Restraining Order and Supporting Memorandum of Law (Doc. 2) (the “Motion”), filed May 15,
2015. In support of the Motion, Plaintiff filed the Affidavit of James Farr (“Farr Affidavit”),
which was filed contemporaneously with the Motion and was incorporated by reference.
In order to prevail on a motion for a temporary restraining order or preliminary
injunction, the moving party must show (1) a substantial likelihood of success on the merits, (2)
a substantial threat of irreparable harm, (3) that the threat and injury to the moving party
outweighs the harm that the injunction may cause the non-moving party, and (4) that granting
the injunction would serve the public interest. See N. Am. Med. Corp. v. Axiom Worldwide, Inc.,
522 F.3d 1211, 1217 (11th Cir. 2008); Parker v. State Bd. of Pardons & Paroles, 275 F.3d 1032,
1035 (11th Cir. 2001).

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Based on the facts set forth in the Plaintiff’s Complaint, the Motion, and the Farr
Affidavit, Plaintiff has sufficiently established that it meets the requirements for a temporary
restraining order. Defendants Samora Construction LLC and Pearl & Samora LLC created fake
email accounts and counterfeit documents to induce and deceive Paramount Title into wiring
funds to a Chase Bank account associated with Samora Construction. If Defendants, or any
entities or persons that are in active concert or participation with any of them, are allowed to
dissipate or spend those funds which were fraudulently obtained, Plaintiff will be irreparably
harmed. On the other hand, Defendants will not be irreparably harmed if they are prohibited
from spending or otherwise using the funds until it can be determined if Defendants are or are
not entitled to the funds.
Accordingly, it is ORDERED:
1.

The Motion is GRANTED.

2.

Defendants, and all persons and entities that are in active concert or participation

with any of them, 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, and otherwise preventing Paramount Title from recovering
its funds, pending further order of this Court.
3.

To secure this Temporary Restraining Order, Plaintiff shall post a bond or cash in

the amount of $ 10,000.00, within twenty-four (24) hours.
4.

This Order shall be effective for fourteen (14) days.

5.

A hearing is scheduled for Monday, June 1, 2015, at 1:30 p.m. before the

undesigned in Courtroom 14A, U.S. District Court, 801 North Florida Avenue, Tampa, Florida.

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DONE and ORDERED in Chambers, in Tampa, Florida on this 18th day of May 2015 at
3:45 p.m.

Copies to: All parties and counsel of record

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