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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5 KIRK B. LENHARD, ESQ., Bar # 1437 klenhard@BHFS.com JEFFREY S. RUGG, ESQ., Bar # 10978 jrugg@BHFS.com BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 Telephone: 702.382.2101 Facsimile: 702.382.8135 6 Attorneys for Plaintiff Reginald (“Reggie”) Jackson 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 B ROWNSTEIN H YA TT F A RBER S CHRECK , LLP 100 N ORTH CITY PARKWAY , SUITE 1600 LAS VEGAS , NV (702) 382-2101 DISTRICT OF NEVADA 10 11 REGINALD (“REGGIE”) JACKSON, an individual and citizen of California, Plaintiff, 12 13 v. 14 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, 15 16 17 18 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. 19 20 UPON CONSIDERATION of the motion filed by Plaintiff Reginald (“Reggie”) Jackson 21 for a temporary restraining order and injunction to prevent Defendants American Memorabilia, 22 Inc., Victor Moreno, Resurrection Jackson, Martinez Jackson, Jr. and a John Doe known as 23 “Wayne” (collectively “Defendants”) from selling or transferring (i) a ring Mr. Jackson had made 24 for his father to wear which is in the style of the 1977 World Series Championship ring presented 25 to Mr. Jackson by the New York Yankees (the “Jackson Custom Ring”) and (ii) a watch the New 26 York Yankees presented to Mr. Jackson to celebrate his 400th home run (the “Jackson 400 27 Watch”), the supporting memorandum of points and authorities, the supporting declarations of 28 99999\951\1558032.1 1 1 Mr. Jackson and Joe Jackson, the evidence, the record in this case, and for other good cause 2 shown; 3 THE COURT HEREBY FINDS THAT: 4 1. Mr. Jackson will suffer irreparable injury if (i) the July 7, 2011 auction is not 5 enjoined and the Jackson Custom Ring and Jackson 400 Watch are sold or transferred to third 6 parties; and (ii) the Court does not require that the Jackson Custom Ring and the Jackson 400 7 Watch be placed in a safe and secure location where none of Defendants or even Mr. Jackson can 8 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 (702) 382-2101 9 2. Mr. Jackson is likely to succeed on his claims for replevin and quiet title, because 10 Mr. Jackson has demonstrated that he has superior right to title and possession to the Jackson 11 Custom Ring and Jackson 400 Watch, which title and right to possess he retained during the time 12 he allowed his father to display these items during his lifetime; 13 3. The balance of hardships tips in favor of Mr. Jackson because issuance of the 14 temporary restraining order would merely delay the sale of the Jackson Custom Ring and the 15 Jackson 400 Watch, whereas the loss of these items to a third party outside of Mr. Jackson’s 16 family would constitute a severe hardship to Mr. Jackson not compensable by money; and 17 4. The public interest will benefit from granting a temporary restraining order 18 because any third party who wishes to purchase the Jackson Custom Ring or the Jackson 400 19 Watch now or in the future will benefit from resolution of this case on the merits. 20 THEREFORE, IT IS HEREBY ORDERED THAT, pending a full trial on the merits: 21 A. 22 23 24 25 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 26 Jackson 400 Watch shall be deposited into a safe deposit box at Bank of America in Las Vegas, 27 Nevada subject to the joint custody of Mr. Jackson and Defendants during the pendency of this 28 action; and 99999\951\1558032.1 2 D. 1 A nominal bond of $100.00 shall be required because the evidence indicates that 2 Defendants will only suffer, if at all, minimal damage by the issuance of this temporary 3 restraining order and injunction. ORDER SETTING HEARING FOR PRELIMINARY INJUNCTION 4 UPON CONSIDERATION of the motion filed by Mr. Jackson for a preliminary 6 injunction enjoining Defendants from selling the Jackson Custom Ring and Jackson 400 Watch, 7 the supporting memorandum of points and authorities, the supporting declarations of Mr. Jackson 8 and Clarence Martinez (“Joe”) Jackson, the evidence, the record in this case, and for good cause 9 B ROWNSTEIN H YA TT F A RBER S CHRECK , LLP 100 N ORTH CITY PARKWAY , SUITE 1600 LAS VEGAS , NV (702) 382-2101 5 shown; 10 THE COURT HEREBY sets the hearing for Mr. Jackson’s motion for a preliminary 11 injunction on July 20, 2011, at 9 a.m. to be held in Courtroom 6006 at the Lloyd D. George 12 Federal Courthouse, 333 South Las Vegas Boulevard, Las Vegas, Nevada. 13 Further, the Court sets forth the following briefing schedule relating to Plaintiff’s motion: 14 1. 15 July 15, 2011; and 16 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. 17 2:30P ENTERED this 6th day of July, 2011 at _______ __.m. 18 19 ________________________________ UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 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 26 27 Attorneys for Plaintiff REGINALD (“REGGIE”) JACKSON 28 99999\951\1558032.1 3

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