Roul v. George et al

Filing 20

ORDER Granting 5 EX PARTE MOTION for Writ of Attachment filed by Eric Roul. Signed by Magistrate Judge Carl W. Hoffman on 11/1/13. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:13-cv-01686-GMN-CWH Document 19 Filed 10/31/13 Page 1 of 3

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GLENN F. MEIER, ESQ.
Nevada Bar No. 006059
[e-mail]
PETER E. DUNKLEY, ESQ.
Nevada Bar No. 011110
[e-mail]
MEIER & FINE, LLC
2300 West Sahara Avenue, Suite 1150
Las Vegas, Nevada 89102
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
ERIC ROUL, an individual
and ERIC ROUL, Trustee of the ERIC ROUL TRUST,

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MEIER & FINE, LLC

UNITED STATES DISTRICT COURT

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2300 West Sahara Avenue, Suite 1150
Las Vegas, Nevada 89102
Tel: [phone]
Fax: [phone]

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DISTRICT OF NEVADA

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ERIC ROUL, an individual, and ERIC ROUL, Trustee
of the ERIC ROUL TRUST,

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Case No.: 2:13-cv-01686-GMN-CWH

Plaintiffs,
vs.

ORDER GRANTING WRIT OF
ATTACHMENT

George C. George, an individual,
MICHAEL MATHIAS, and individual, and
DUAL DYNAMICS, LLC, a Nevada Limited Liability
Corporation, DOE INDIVIDUALS 1 through 10; and
ROE CORPORATIONS 1 through 10,
Defendants.

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WHEREAS Plaintiffs filed a Motion for Writ of Attachment seeking to attach funds in

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the care custody and control of the Defendants and/or Defendants agents; and

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WHEREAS Plaintiffs’ motion identified two specific bank accounts along with a trust

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account maintained by Defendant George’s attorney, but did not provide specific locations for

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any of the other funds they sought to attach; and

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File No.: 1716.001

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Case 2:13-cv-01686-GMN-CWH Document 19 Filed 10/31/13 Page 2 of 3

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WHEREAS, as to the specifically identified bank accounts and the trust account of

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Defendant George’s attorney Ullrich Smith, Plaintiffs have satisfied the requirements for

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issuance of a prejudgment writ of attachment pursuant to NRS 31.010 et. seq.; and

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WHEREAS, good cause exists to attach certain specifically identified funds under the
care custody and control of Defendants;

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ORDER
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that a Writ of Attachment

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shall issue for Wells Fargo Bank, account number 4123011009 and that any funds in that account
up to the amount of $860,000.00 shall be attached to these proceedings; and

MEIER & FINE, LLC

2300 West Sahara Avenue, Suite 1150
Las Vegas, Nevada 89102
Tel: [phone]
Fax: [phone]

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IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that that a Writ

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of Attachment shall issue for Bank of America, account number 501011656036 and that any

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funds in that account up to the amount of $860,000.00 shall be attached to these proceedings; and

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IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that that a Writ

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of Attachment shall issue for any funds held in trust by attorney Ullrich Smith, for the benefit of

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Defendant George C. George and that any funds held in trust by attorney Ullrich Smith up to the

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amount of $860,000.00 shall be attached to these proceedings; and

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that within 30 days of the

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date of this order, Plaintiffs shall file a status report with the Court listing the total amount of

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funds attached pursuant to this order; and

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IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs’

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Motion for Writ of Attachment is denied to the extent it seeks to attach funds in accounts not

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specifically identified; and

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IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED that to the

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extent Plaintiffs Motion for Writ of Attachment is denied, such denial is without prejudice to

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Plaintiffs right to seek attachment of additional funds belonging to Defendants should such funds

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be specifically identified in the future.

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File No.: 1716.001

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Case 2:13-cv-01686-GMN-CWH Document 19 Filed 10/31/13 Page 3 of 3

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IT IS SO ORDERED.

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November 1, 2013
DATED: __________________________

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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Respectfully Submitted,

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MEIER & FINE, LLC

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MEIER & FINE, LLC

2300 West Sahara Avenue, Suite 1150
Las Vegas, Nevada 89102
Tel: [phone]
Fax: [phone]

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By: /s/ Glenn F. Meier
GLENN F. MEIER, ESQ.
Nevada Bar No. 006059
PETER E. DUNKLEY, ESQ.
Nevada Bar No. 11110
2300 West Sahara Avenue, Suite 1150
Las Vegas, Nevada 89102
Attorneys for Plaintiffs
ERIC ROUL, an individual, and
ERIC ROUL, Trustee of the ERIC ROUL TRUST,

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File No.: 1716.001

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