Edelstein et al v. Optimus Corporation

Filing 108

TEMPORARY RESTRAINING ORDER - Defendant is hereby enjoined from selling, transferring, converting, donating, or otherwise disposing of the artwork owned by Defendant and specifically identified in Exhibits D and E to the Affidavit of Michael L. Schle ich in Support of Plaintiffs' Motion for Partial Summary Judgment, filed June 15, 2011, as Fine Art and 20th Century Decorative Art and Designs (Filing No. 79, Ex. D (Doc # 79-5, Page ID # 637-38) & Ex. E (Doc # 79-6, Page ID # 644-97). Defendan t is further ordered to maintain possession of the artwork and to maintain any insurance currently covering the artwork. The Protective Order governing documents produced in this litigation (Filing No. 70) remains in effect. This matter is set for hearing on Thursday, September 29, 2011 at 3:00 p.m. Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska.Ordered by Chief Judge Joseph F. Bataillon. (TJD )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STANLEY EDELSTEIN, IVAN GERARD,
PAT HOY, BARRY BLUE, ROBERT
CAMPNEY, GROVONDA COLEMAN,
WAYNE COREY, PETER DANIELSON,
WILLIAM GOLDMAN, DANA HAMIK,
MICHAEL HICKS, BILL KELLER, RICHARD
NEVINS, JOE SCHUETTE, CHRISTL
UPCHURCH, LORRAINE VASHON, TIM
WHITTINGHILL, and PACESETTER
CORPORATION AMENDED AND
RESTATED KEY EXECUTIVE
RETIREMENT PLAN,
Plaintiffs,
v.
OPTIMUS CORPORATION,
Defendant.

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8:10CV61

TEMPORARY RESTRAINING
ORDER

This matter is before the court on plaintiffs' Sealed Motion for Immediate Limited
Order of Attachment, which will be construed as a motion for a temporary restraining order,
Filing No. 105. Plaintiffs seek relief under Fed. R. Civ. P. 64 and Neb. Rev. Stat. §
25-1001, et seq., but because notice has not been afforded to the defendant and no
suitable bond has been posted, the court finds the motion should properly be considered
under Fed. R. Civ. P. 65(b). The Court finds that the plaintiffs have made a preliminary
showing that Defendant has concealed the current ownership and value of its artwork and
is likely to convert its assets into money in order to place those assets out of the plaintiffs'
reach. Accordingly, the court finds that it is necessary to maintain the status quo until such
time, not to exceed fourteen days, that the matter can be heard.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows:
1.

Defendant is hereby enjoined from selling, transferring, converting, donating,
or otherwise disposing of the artwork owned by Defendant and specifically
identified in Exhibits D and E to the Affidavit of Michael L. Schleich in Support
of Plaintiffs' Motion for Partial Summary Judgment, filed June 15, 2011, as
Fine Art and 20th Century Decorative Art and Designs (Filing No. 79, Ex. D
(Doc # 79-5, Page ID # 637-38) & Ex. E (Doc # 79-6, Page ID # 644-97).

2.

Defendant is further ordered to maintain possession of the artwork and to
maintain any insurance currently covering the artwork.

3.

The Protective Order governing documents produced in this litigation (Filing
No. 70) remains in effect.

4.

This matter is set for hearing on Thursday, September 29, 2011 at 3:00 p.m.
Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza,
Omaha, Nebraska.

DATED this 20th day of September, 2011.
BY THE COURT:

s/Joseph F. Bataillon
JOSEPH F. BATAILLON
CHIEF UNITED STATES DISTRICT JUDGE