Jackson v. American Memorabilia, Inc. et al

Filing 11

ORDER granting Plaintiff's 2 Motion for TRO. Motion Hearing set for 7/20/2011 at 09:00 AM in LV Courtroom 6D before Judge Kent J. Dawson re 3 MOTION for Preliminary Injunction filed by Reginald Jackson. Responses due by 7/15/2011. Replies due by 7/19/2011. Signed by Judge Kent J. Dawson on 7/6/11. (Copies have been distributed pursuant to the NEF - ECS)

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KIRK B. LENHARD, ESQ., Bar # 1437
[e-mail]
JEFFREY S. RUGG, ESQ., Bar # 10978
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: 702.382.8135

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Attorneys for Plaintiff Reginald (“Reggie”) Jackson

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UNITED STATES DISTRICT COURT
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B ROWNSTEIN H YA TT F A RBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
[phone]

DISTRICT OF NEVADA
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REGINALD (“REGGIE”) JACKSON,
an individual and citizen of California,
Plaintiff,

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v.

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AMERICAN MEMORABILIA, INC., a
Nevada corporation, VICTOR MORENO,
an individual and citizen of Nevada,
RESURRECTION JACKSON, an
individual and citizen of Pennsylvania,
MARTINEZ JACKSON, JR., an
individual and citizen of Pennsylvania, and
JOHN DOE known as “WAYNE”, an
individual and citizen of Pennsylvania,

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Case No. 11-CV-01106-KJD-GWF
(AMENDED PROPOSED) ORDER
GRANTING PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAINING ORDER
WITHOUT NOTICE AND ORDER
SETTING HEARING ON MOTION FOR
PRELIMINARY INJUNCTION

Defendants.

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UPON CONSIDERATION of the motion filed by Plaintiff Reginald (“Reggie”) Jackson

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for a temporary restraining order and injunction to prevent Defendants American Memorabilia,

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Inc., Victor Moreno, Resurrection Jackson, Martinez Jackson, Jr. and a John Doe known as

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“Wayne” (collectively “Defendants”) from selling or transferring (i) a ring Mr. Jackson had made

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for his father to wear which is in the style of the 1977 World Series Championship ring presented

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to Mr. Jackson by the New York Yankees (the “Jackson Custom Ring”) and (ii) a watch the New

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York Yankees presented to Mr. Jackson to celebrate his 400th home run (the “Jackson 400

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Watch”), the supporting memorandum of points and authorities, the supporting declarations of

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99999\951\1558032.1

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Mr. Jackson and Joe Jackson, the evidence, the record in this case, and for other good cause

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shown;

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THE COURT HEREBY FINDS THAT:

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1.

Mr. Jackson will suffer irreparable injury if (i) the July 7, 2011 auction is not

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enjoined and the Jackson Custom Ring and Jackson 400 Watch are sold or transferred to third

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parties; and (ii) the Court does not require that the Jackson Custom Ring and the Jackson 400

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Watch be placed in a safe and secure location where none of Defendants or even Mr. Jackson can

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transfer them to a third party or remove them from the jurisdiction of this Court;

B ROWNSTEIN H YA TT F A RBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
[phone]

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2.

Mr. Jackson is likely to succeed on his claims for replevin and quiet title, because

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Mr. Jackson has demonstrated that he has superior right to title and possession to the Jackson

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Custom Ring and Jackson 400 Watch, which title and right to possess he retained during the time

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he allowed his father to display these items during his lifetime;

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3.

The balance of hardships tips in favor of Mr. Jackson because issuance of the

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temporary restraining order would merely delay the sale of the Jackson Custom Ring and the

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Jackson 400 Watch, whereas the loss of these items to a third party outside of Mr. Jackson’s

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family would constitute a severe hardship to Mr. Jackson not compensable by money; and

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4.

The public interest will benefit from granting a temporary restraining order

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because any third party who wishes to purchase the Jackson Custom Ring or the Jackson 400

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Watch now or in the future will benefit from resolution of this case on the merits.

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THEREFORE, IT IS HEREBY ORDERED THAT, pending a full trial on the merits:

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A.

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Defendants shall be barred from selling the Jackson Custom Ring and/or the

Jackson 400 Watch including at the auction scheduled to close on July 7, 2011 at 8 pm;
B.

Defendants shall be enjoined from transferring possession of the Jackson Custom

Ring and/or the Jackson 400 Watch to any third party;
C.

Within twenty-four (24) hours of this Order, the Jackson Custom Ring and the

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Jackson 400 Watch shall be deposited into a safe deposit box at Bank of America in Las Vegas,

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Nevada subject to the joint custody of Mr. Jackson and Defendants during the pendency of this

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action; and

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D.

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A nominal bond of $100.00 shall be required because the evidence indicates that

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Defendants will only suffer, if at all, minimal damage by the issuance of this temporary

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restraining order and injunction.
ORDER SETTING HEARING FOR PRELIMINARY INJUNCTION

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UPON CONSIDERATION of the motion filed by Mr. Jackson for a preliminary

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injunction enjoining Defendants from selling the Jackson Custom Ring and Jackson 400 Watch,

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the supporting memorandum of points and authorities, the supporting declarations of Mr. Jackson

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and Clarence Martinez (“Joe”) Jackson, the evidence, the record in this case, and for good cause

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B ROWNSTEIN H YA TT F A RBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
[phone]

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shown;

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THE COURT HEREBY sets the hearing for Mr. Jackson’s motion for a preliminary

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injunction on July 20, 2011, at 9 a.m. to be held in Courtroom 6006 at the Lloyd D. George

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Federal Courthouse, 333 South Las Vegas Boulevard, Las Vegas, Nevada.

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Further, the Court sets forth the following briefing schedule relating to Plaintiff’s motion:

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1.

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July 15, 2011; and

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2.

Defendants shall file and serve their opposition papers, if any, no later than

Mr. Jackson shall file and serve his reply brief no later than July 19, 2011.

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2:30P
ENTERED this 6th day of July, 2011 at _______ __.m.

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________________________________
UNITED STATES DISTRICT JUDGE

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Respectfully submitted by:
BROWNSTEIN HYATT FARBER SCHRECK, LLP
By:

/s/ Jeffrey S. Rugg
KIRK B. LENHARD, ESQ., Bar # 1437
JEFFREY S. RUGG, ESQ., Bar # 10978
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614

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Attorneys for Plaintiff REGINALD (“REGGIE”) JACKSON

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