Mansour v. Doe et al

Filing 27

OPINION and ORDER Extending Plaintiff's Ex Parte Temporary Restraining Order Against Defendant SunTrust Bank. Signed by District Judge Linda V. Parker. (RLou)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILLIP MANSOUR, Plaintiff, Case No. 17-12962 Honorable Linda V. Parker v. JOHN DOE, and SUNTRUST BANKS, INC. d/b/a SUNTRUST BANK, a Georgia Corporation, Defendants. __________________________________/ OPINION AND ORDER EXTENDING PLAINTIFF’S EX PARTE TEMPORARY RESTRAINING ORDER AGAINST DEFENDANT SUNTRUST BANK [ECF NO. 2] The foregoing Motion having come before this Court and issues having been duly considered, and the decision having been duly rendered, IT IS HEREBY ORDERED: 1. That Plaintiff has established that, absent the issuance of this Ex Parte Temporary Restraining Order, Plaintiff will suffer an irreparable injury, to wit, the release of monies defalcated by Defendant John Doe (“Doe”) to Doe, whose identity is and may likely remain unknown, by Defendant SunTrust Bank, Inc., in the care of which they presently reside. 2. That, in the interest of preventing this likely and potentially immediate, irreparable injury, Defendant SunTrust Bank, Inc. is hereby temporarily restrained and enjoined from moving, releasing, or otherwise disposing in any way the remaining funds wired by Plaintiff on September 6, 2017, in the amount of $272,050.201 to a bank account of Defendant SunTrust Bank, Inc. with the following information: 8250 Miramar Pkwy, Miramar FL 32550 Swift: SNTRUS3A ABA#: 061000104 AC#: 1000-204-495-112 Benef: MARQUEZ QUALITY INC. 3. That Defendant SunTrust Bank, Inc. shall place a hold or freeze on any such funds, including any outstanding official checks associated with the above-referenced account, December , 2017. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: November , 2017 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, November , 2017, by electronic and/or U.S. First Class mail. s/ R. Loury Case Manager 1 The original wire transfer was in the amount of $296,266.20. However, prior to the issuance of District Court Judge Paul D. Borman’s September 8, 2017 Temporary Restraining Order $24,216.00 was withdrawn at a branch in Miami, FL. The parties may differ as to the amount that is currently in the account. However, the legal mandate to refrain from any transfers out of the account, effective as of the date of the first issuance of the Temporary Restraining Order remains, notwithstanding the accuracy of the amount. 2

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