Jackson v. American Memorabilia, Inc. et al

Filing 28

ORDER granting 3 Motion for Preliminary Injunction. See order for details. Signed by Judge Kent J. Dawson on 7/21/11. (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

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
(702) 382 -2101

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

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v.

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Case No. 11-CV-01106-KJD-GWF
ORDER GRANTING PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION

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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Defendants.

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

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for a preliminary injunction to prevent Defendants American Memorabilia, Inc., Victor Moreno,

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Resurrection Jackson, Martinez Jackson, Jr. and a John Doe known as “Wayne” (collectively

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“Defendants”) from selling or transferring (i) a ring Mr. Jackson had made for his father to wear

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which is in the style of the 1977 World Series Championship ring presented to Mr. Jackson by the

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New York Yankees (the “Jackson Custom Ring”) and (ii) a watch the New York Yankees

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presented to Mr. Jackson to celebrate his 400th home run (the “Jackson 400 Watch”), the

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

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15219\1\1564175.1

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

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2.

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

B ROWN STEIN H YATT F ARBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
(702) 382 -2101

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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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preliminary injunction would merely delay the sale of the Jackson Custom Ring and the Jackson

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

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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 preliminary injunction because any

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third party who wishes to purchase the Jackson Custom Ring or the Jackson 400 Watch now or in

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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;
B.

Defendants shall be enjoined from transferring possession of the Jackson Custom

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

The Jackson Custom Ring and the Jackson 400 Watch shall remain in the safe

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deposit box at US Bank in North Las Vegas, Nevada subject to the joint custody of Mr. Jackson

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and Defendants during the pendency of this action; and

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D.

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The nominal bond of $100.00 posted by Mr. Jackson is sufficient because the

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evidence indicates that Defendants will only suffer, if at all, minimal damage by the issuance of

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this preliminary injunction.

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21st
ENTERED this ____ day of July, 2011.

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________________________________
UNITED STATES DISTRICT JUDGE

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Respectfully submitted by:

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B ROWN STEIN H YATT F ARBER S CHRECK , LLP
100 N ORTH CITY PARKWAY , SUITE 1600
LAS VEGAS , NV
(702) 382 -2101

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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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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

Attorneys for Plaintiff REGINALD (“REGGIE”) JACKSON

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