KWONG et al v. SIA

Filing 4

ORDER granting 2 Motion for TRO. As fully stated in the Temporary Restraining Order, Plaintiffs' Motion for a Temporary Restraining Order is granted. Signed by Judge Cathy Bissoon on 8/7/2015. (rld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

LOW TUCK KWONG, et al.,
Plaintiffs,
v.
SUKAMATO SIA,
a.k.a. SUKARMAN SUKAMTO,
a.k.a. SER FUQIANG,
a.k.a. SIA HOCK KIAN,
Defendants.

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Civil Action No. 15-1028
Judge Cathy Bissoon

TEMPORARY RESTRAINING ORDER
The Court has considered Low Tuck Kwong and Granito Limited’s (“Plaintiffs’”)
Complaint in this matter (Doc. 1), their Motion for Temporary Restraining Order and
Preliminary Injunction (Doc. 2), their Brief in support thereof (Doc. 3), the Affidavit of Plaintiff
Kwong (Doc. 2, Ex. A), and the Plaintiffs’ Counsel’s Certification Pursuant to Fed. R. Civ. P.
65(b) (Doc. 3).
Upon consideration of these pleadings, the Court hereby finds that a Temporary
Restraining Order should issue under Federal Rule of Civil Procedure 65(b) without prior notice
to Defendants because Plaintiffs have demonstrated probable cause to believe the following:
1. There is a likelihood that Plaintiffs will succeed on the merits of their claims as stated
in their Complaint, specifically they are likely to prevail in their effort to have this
Court recognize under the Pennsylvania Recognition Act the March 31, 2015, High
Court of the Republic of Singapore final judgment for monetary damages against
Defendant Sukamato Sia, a.k.a. Sukarman Sukamto, a.k.a. Ser Fuqiang, a.k.a. Sia
Hock Kain and in favor of plaintiffs in the total amount of $132,318,511 in Singapore

dollars (equating to roughly $95,516,100.88 US dollars) (the "Judgment") and
enforce said Judgment;
2. Plaintiffs will suffer immediate, substantial and irreparable injury unless this Order is
entered, including the likely dissipation of assets that would otherwise partially
satisfy the Judgment against Defendants and in favor of Plaintiffs in the absence of
this Order;
3. As to the relief granted below, greater injury will be inflicted upon Plaintiffs and the
public by the denial of relief than will be inflicted upon Defendants by the granting of
relief, which merely preserves the status quo;
4. The public interests in preventing concealment of assets to avoid valid judgments and
comity in recognition of valid foreign judgments will be served by the Order; and
3. The instant Order is being is being issued without notice to Defendants pursuant to

Rule 65(b). If Defendants were to receive advance notice of Plaintiffs’ intention to
obtain a Temporary Restraining Order, Defendants are likely to attempt to dissipate
assets that are fairly traceable to their fraudulent scheme, thereby frustrating and
diminishing any enforcement of Judgment this Court might enter in the future.
IT IS THEREFORE ORDERED this 7th day of August, 2015 at 12:00 p.m. that
Defendants and Party in Interest PNC Bank N.A. (“PNC”), are hereby restrained and enjoined as
follows:
1. Any funds and/or assets currently held by Defendant, under any of his abovelisted names, by and through PNC, shall be frozen, including without limitation
the approximately $3,304,831 in a PNC account at account number XXXX4957;
2. PNC shall identify to Plaintiffs and the Court within ten (10) business days all
funds held by or on behalf of Defendant under any of his above-listed names, in
any PNC bank, branch, or affiliate, by reference to account number, account type
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and current balance, and PNC shall cause an immediate freeze of all such funds
prohibiting any movement or disbursement of the funds in any way;
3. Plaintiffs shall be permitted to provide PNC with an unredacted bank account
number for the account ending in 4957;
IT IS FURTHER ORDERED that this Temporary Restraining Order shall expire on the
14th day August, 2015, and a hearing on Plaintiffs’ Motion for Preliminary Injunction is hereby
scheduled for August 14, 2015 at 10:00 a.m.
IT IS SO ORDERED.

August 7, 2015

s\Cathy Bissoon________________
Cathy Bissoon
United States District Judge

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