Liberty Media Holdings LLC v. FF Magnat Limited et al

Filing 27

ORDER that 20 and 24 Defendant's Emergency Motion for Disbursement of Additional Funds and Supplemental Motion are Granted in part and Denied in part as stated in this order. The Amended Temporary Restraining Order 13 is MODIFIED to permit PayPal to process payments for, with any funds received by to remain subject to the Court's Temporary Restraining Order. Signed by Judge Gloria M. Navarro on 6/29/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 3 4 5 6 7 8 Liberty Media Holdings, LLC, a California ) Corporation ) ) Plaintiff, ) vs. ) ) FF Magnat Limited d/b/a; ) Maxim Bochenko a/k/a Roman Romanov; ) and John Does 1-500, ) Defendant. ) Case No.: 2:12-cv-1057-GMN-RJJ ORDER 9 10 11 12 13 Before the Court is Defendant FF Magnat Limited’s Emergency Motion for Disbursement of Additional Funds (ECF No. 20). Plaintiff Liberty Media Holdings, LLC filed a Response (ECF No. 20). Defendant subsequently filed a Supplemental Motion for Disbursement of Funds (ECF No. 24). 14 15 16 17 18 19 20 21 22 23 24 Defendant asks this Court to release EUR 71.736,22 before July 1, 2012 from its PayPal account and to release EUR 277.109,07 before July 9, 2012 from its PayPal account in order to pay its third party provider LeaseWeb B.V. The only difference between the Supplemental Motion and the original Motion is that Defendant now claims that it will take two weeks for the funds to be transferred to LeaseWeb, so instead it asks the Court to authorize the release of funds to its counsel, Stevan Liberman. Defendant claims that these amounts must be paid to LeaseWeb B.V. by the above dates otherwise it will not be able to continue its business. Defendant submits a declaration from Stevan Liberman (ECF No. 25) to verify these amounts owed along with letter from LeaseWeb (Ex. A, ECF No. 25-1) and letter regarding the Hong Kong account (Ex. B, ECF No. 252). 25 Page 1 of 3 Defendant argues that it cannot withdraw the money from its Hong Kong account 1 2 pursuant to the Hong Kong Court’s prior order because that bank refuses to release funds 3 until the Hong Kong Court holds a hearing on the Hong Kong asset order on July 7, 4 2012. (Supplemental Motion, 3:25-27, ECF No. 24.) Defendant provides absolutely no 5 explanation as to whether or not it attempted to obtain relief from the Hong Kong Court. 6 Also troubling is the fact that Defendant is asking this Court to release EUR 277.109,07 7 that needs to be paid by July 9 when that amount can be asked of the Hong Kong Court at 8 the July 7 hearing. The remaining amount, EUR 71.736,22 should be able to be paid 9 from the $100,000 this Court released earlier this week. Defendant did not provide any 10 explanation or evidence to demonstrate that the money was already used to pay other 11 costs or expenses. For these reasons, and the reasons stated in Plaintiff’s Response, the Court 12 13 DENIES Defendant’s request for the release of additional funds. Furthermore, any 14 future requests must be accompanied by a full accounting of Defendants accounts and 15 presented with appropriate documentation and any future requests for additional funds 16 shall state the amount requested in U.S. dollars. Defendant also requests that the Court modify the TRO to allow PayPal to process 17 18 payments for, with any funds received by to remain subject to the 19 Courts TRO. The Court GRANTS this request as it is reasonable for PayPal to be able to 20 accept deposits into Defendant’s account. The TRO’s effect shall be that Defendant shall 21 not be allowed to withdraw any fund from the PayPal account while the TRO remains in 22 effect. 23 IT IS HEREBY ORDERED that Defendant’s Emergency Motion for 24 Disbursement of Additional Funds and Supplemental Motion (ECF No. 20 & 24) are 25 GRANTED in part and DENIED in part as stated in this Order. Page 2 of 3 1 The Amended TRO (ECF No. 13.) is HEREBY modified to permit PayPal to 2 process payments for, with any funds received by to remain subject 3 to the Court’s TRO. 4 5 June 29 DATED this _____ day of _________________, 2012. 6 7 8 9 ________________________________ Gloria M. Navarro United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 of 3

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