Edelsten v. Mawardi et al

Filing 33

AMENDED TEMPORARY RESTRAINING ORDER. Signed by Judge Robert N. Scola, Jr on 9/18/2012. (mmz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 12-61772-Civ-SCOLA/SNOW
GEOFFREY EDELSTEN,
Plaintiff,
vs.
RAFAEL MAWARDI, et al.,
Defendants.
_____________________________________/
ORDER AMENDING TEMPORARY RESTRAINING ORDER
THIS MATTER is before the Court upon the Plaintiff’s Emergency Motion for
Preliminary Injunction (ECF No. 17). On September 13, 2012, the Court entered a Temporary
Restraining Order as to the Defendants and scheduled a hearing on the Plaintiff’s Motion. The
Defendants subsequently filed a Motion to Dissolve the Temporary Restraining Order and a
Response to the Plaintiff’s Motion for a Preliminary Injunction (ECF No. 26). On September 18,
2012, a hearing was held on this Motion before the undersigned.
The Court was dismayed to learn that approximately ten days ago a suit involving the
same parties and the same inextricably intertwined issues had been filed by the Defendants in
the 17th Judicial Circuit Court in and for Broward County, Case No. 12-025285, and that the
Plaintiff was aware of that pending suit yet failed to include this significant factor in its Motion
to this Court. The Court perceives this as a significant omission. Based on the “first filed” rule of
the federal rules of civil procedure, Barber-Greene Co. v. Blaw-Knox Co., 239 F.2d 774 (6th Cir.
1957), it appears that the instant case may have been improperly filed and will be ultimately
dismissed based either under this rule or for lack of diversity due to failure to include an
indispensable party, Mr. David Levy.

Without admitting any wrongdoing, the Defendants have agreed to entry of an order
which prohibits both parties from engaging in certain conduct. Therefore, it is ORDERED AND
ADJUDGED that an agreed Amended Temporary Restraining Order is hereby issued as follows:
(1) All parties shall be ENJOINED AND PROHIBITED from making extortionate
threats toward each other; disseminating any unauthorized photographs of each
other; demanding monies from each other in exchange for not disseminating
unauthorized photographs of each other; and from publishing on the internet
anything negative to the reputation of another party.
(2) All adverse parties shall be ENJOINED AND PROHIBITED from directly
communicating with each other and must only communicate through their
respective counsel.
(3) As a condition of this Order, and pursuant to Florida law and Fed. R. Civ. P.
65(c), the Plaintiff shall post a bond in the amount of $5,000 by Tuesday,
September 18, 2012 at 2:00 pm to pay the costs and damages sustained by any
party found to have been wrongfully enjoined or restrained.
(4) This amended temporary restraining order will remain in effect until the court
rules on the anticipated Motion to Dismiss to be filed by the Defendants.

DONE and ORDERED in chambers, at Miami, Florida on September 18, 2012.

________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE
Copies to:
Designated U.S. Magistrate Judge
Counsel of record