Guinn et al v. Federal Deposit Insurance Corporation et al
Filing
259
ORDER Granting in Part 243 Motion for Preliminary Injunction. Signed by Judge Philip M. Pro on 10/8/2013. (Copies have been distributed pursuant to the NEF - SLR)
MORRIS LAW GROUP
Robert McCoy, Bar No. 9121
Email: rrm@morrislawgroup.com
Rex D. Garner, Bar No. 9401
Email: rdg@morrislawgroup.com
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101
Telephone: (702) 474-9400
Facsimile: (702) 474-9422
Attorneys for Federal Deposit
Insurance Corporation, as Receiver
for Community Bank of Nevada
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JEFFREY B. GUINN, individually
and as Trustee of the DEL MAR
TRUST, et al.
Plaintiff/Counterdefendant,
vs.
FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER
FOR COMMUNITY BANK OF
NEVADA; DO INDIVIDUALS I-XX,
Defendant/Counterclaimant.
________________________________
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 2:09-cv-01809-PMP-CWH
PRELIMINARY INJUNCTION
Defendant/Counterclaimant the Federal Deposit Insurance
Corporation's, as Receiver for Community Bank of Nevada ("FDIC-R"),
Motion for Preliminary Injunction was heard on October 2, 2013 at 1:30
p.m. Plaintiffs/Counterdefendants Jeffrey and Monica Guinn (the
"Guinns") received notice of the motion and hearing and attended. The
Court, having considered the FDIC-R's motion (#243), the Declaration of
Robert McCoy and exhibits in support of that motion, and the Guinns'
opposition (#146) finds as follows:
1.
The FDIC-R has shown a likelihood of success on the
merits of its motion for a writ of execution against Falcon Talon, LLC
("Falcon Talon"). The Court will address that motion after it is fully
briefed.
2.
The FDIC-R has shown a possibility of harm if a
preliminary injunction is not ordered because there is the possibility of the
Guinns spending or moving the funds held in the Falcon Talon bank
accounts before the Court can rule on the FDIC-R's motion for a writ of
execution.
3.
The balance of equities favors ordering a preliminary
injunction against the Guinns because denial of a preliminary injunction
would allow the Guinns unfettered access to any funds in the Falcon Talon
bank accounts, whether held at Bank of Nevada, Wells Fargo, or any other
financial institution, which could hinder the FDIC-R's ability to collect on
its outstanding judgments.
4.
Entering a preliminary injunction against the Guinns is in
the public interest because the FDIC-R is an agency of the federal
government and is tasked with the objective of collecting on the assets of a
failed bank.
5.
The FDIC-R is not required to post a bond for a
preliminary injunction pursuant to 12 U.S.C. § 1822(a).
IT IS HEREBY ORDERED THAT:
1.
The FDIC-R's Motion for Preliminary Injunction is
granted in part.
2.
Jeffrey and Monica Guinn, along with their officers,
agents, servants, employees, and all persons in active concert or
Pageȱ2 ofȱ4
participation with one or both of them, are enjoined from transferring or
removing any funds from any bank accounts held in the name of Falcon
Talon, LLC at Bank of Nevada, Wells Fargo, or any other financial
institution, except as follows for reasonable and necessary living expenses:
a.
One rent payment per month in the amount of
$2,340;
b.
One payment per month per vehicle in the total
amount of $ 1,306 and other attendant
transportation costs;
c.
d.
Insurance;
e.
Food and groceries;
f.
Necessary medical expenses; and
g.
3.
Utilities;
Education expenses.
In the event that any allowable expense(s) under this
order (except the mortgage and car payment) will exceed $1,000.00 total
per month in any one of the categories enumerated above, the Guinns must
give notice of such expenditure(s) that would cause the expenses in that
category to exceed $1,000 to the FDIC-R.
4.
Jeffrey and Monica Guinn, along with their officers,
agents, servants, employees, and all persons in active concert or
participation with one or both of them, are enjoined from transferring or
disposing of any funds from any bank accounts held in the name of Falcon
Talon, LLC at Bank of Nevada, Wells Fargo, or any other financial
institution.
5.
This Preliminary Injunction shall remain in effect until
further order of this Court.
Pageȱ3 ofȱ4
6.
The FDIC-R does not need to post any bond for this
Preliminary Injunction to take effect.
____________________________________
UNITED STATES DISTRICT JUDGE
October 8, 2013
DATED: ___________________________
Pageȱ4 ofȱ4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?