Goldsmith, Esq. v. Internal Revenue Service et al

Filing 23

ORDER Granting in Part and Denying in Part 7 MOTION for Preliminary Injunction. Signed by Chief Judge Gloria M. Navarro on 9/12/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JONATHAN GOLDSMITH, ESQ., an
individual,

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)
)
Plaintiff,
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)
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v.
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INTERNAL REVENUE SERVICE, a United )
States Governmental Entity; JPMORGAN
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CHASE BANK, N.A., a National Association; )
DOE individuals I-X; and ROE corporations I- )
X, inclusive,
)
)
Defendants.
)
)
_______________________________________)

Case No.

2:14-cv-01297-GMN-NJK

ORDER GRANTING, IN PART, AND
DENYING, IN PART, PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION (DOCKET ENTRY 7)

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This matter comes before the Court on Plaintiff’s Motion for Preliminary Injunction (Docket

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Entry 7) (the “Motion”). The following parties were present at the August 26, 2014 hearing set by

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the Court regarding the Motion:

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(a)

himself;

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Plaintiff Jonathan Goldsmith, Esq., an attorney licensed in Nevada and representing

(b)

Defendant JPMorgan Chase Bank, N.A. (“Chase”), appeared by and through its

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counsel of record, Kent. F. Larsen, Esq., of the law firm of Smith Larsen & Wixom;

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and,

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(c)

Virginia Cronan Lowe, Esq., of the United States Department of Justice, appeared
on behalf of the United States of America;

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After reviewing the pleadings and briefs on file in this case related to the Motion, and after

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hearing the arguments of Plaintiff, Mr. Larsen and Ms. Cronan Lowe at the August 26, 2014 hearing,

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and good cause appearing therefor,

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IT IS HEREBY ORDERED as follows:

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(1)

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an injunction to restrain Chase from setting off on the IOLTA account which was

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maintained at Chase in the name of Jonathan B. Goldsmith, Ltd., a Nevada

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corporation, as Plaintiff acknowledged at the August 26, 2014 hearing that all funds

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the Motion is denied, without prejudice, as moot, insofar as Plaintiff has requested

had been withdrawn from the IOLTA account;
(2)

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the Motion is granted pending any final judgment/decision on the issues raised in
Plaintiff’s Complaint, and Chase is precluded (pending such judgment/decision)

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from reporting Plaintiff, in his personal capacity, to Chexsystems;
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(3)

the Motion is granted pending any final judgment/decision on the issues raised in
Plaintiff’s Complaint, and Chase is precluded (pending such judgment/decision)
from setting off on the personal accounts of Plaintiff to satisfy any overdraft/negative
balances in the accounts of Jonathan B. Goldsmith, Ltd., a Nevada corporation;

IT IS HEREBY FURTHER ORDERED that, pursuant to Fed. R. Civ. P. Rule 65(c) the

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injunctive relief outlined above is deemed effective only upon Plaintiff posting a bond (or cash

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FIVE HUNDRED
equivalent) with the Clerk of the Court in the amount of $____________________, as required by
($500.00) DOLLARS
Fed. R. Civ. P. Rule 65(c), for payment of such costs and damages as may be incurred or suffered

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by Defendant Chase, in the event that Defendant Chase is found to have been wrongfully enjoined;

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DATED this 12th day of September, 2014.
DATED this _____ day of September, 2014.

________________________________
Gloria M. Navarro, Chief Judge
__________________________________
United States District Court
GLORIA M. NAVARRO
United States District Court Judge
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Approved as to form:

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\s\ Jonathan B. Goldsmith,
Jonathan B. Goldsmith, Esq.
Nevada Bar No. 11805
617 Hoover Avenue
Las Vegas, Nevada 89101
Plaintiff in Proper Person

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Approved as to form:

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SMITH LARSEN & WIXOM

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\s \Kent F. Larsen, ___
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Atorneys for Defendant
JPMorgan Chase Bank, N.A.

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