Incentive Capital v. Camelot Entertainment Group et al

Filing 19

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Plaintiff Incentive Capital. (Attachments: # 1 Text of Proposed Order)(Pia, Joseph)

Joseph G. Pia (9945)
Nathan S. Dorius (8977)
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1800
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
Plaintiff,

PLAINTIFF’S EX PARTE MOTION FOR
TEMPORARY RESTRAINING ORDER
AND MOTION FOR PRELIMINARY
INJUNCTION

v.
CAMELOT ENTERTAINMENT GROUP,
INC., a Delaware Corporation; CAMELOT
FILM GROUP, INC., a Nevada Corporation;
CAMELOT DISTRIBUTION GROUP, INC.,
a Nevada Corporation, ROBERT P. ATWELL,
an individual; JAMIE R. THOMPSON, an
individual; STEVEN ISTOCK, an individual;
TED BAER, an individual; PETER
JAROWEY, an individual,

Civil No. 2:11-cv-00288
Judge Paul Warner
(Oral Argument Requested)

Defendants.

Pursuant to Federal Rule of Civil Procedure 65, Plaintiff Incentive Capital, LLC

(“Incentive”), by and through counsel Pia Anderson Dorius Reynard & Moss (“PADRM”)
hereby respectfully submits this Ex Parte Motion for Temporary Restraining Order and Motion

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for Preliminary Injunction against Camelot Entertainment Group, Inc., a Delaware corporation
(“CEG”), Camelot Film Group, Inc., a Nevada corporation (“CFG”), and Camelot Distribution
Group, Inc., a Nevada corporation (“CDG”) (collectively “Camelot”), Robert P. Atwell, an
individual (“Mr. Atwell”), Jamie Thompson, an individual (“Mr. Thompson”), Steven Istock, an
individual (“Mr. Istock”), Ted Baer, an individual (“Mr. Baer”), and Peter Jarowey, an individual
(“Mr. Jarowey”) (collectively “Atwell Defendants”) (Camelot and Atwell Defendants may be
collectively referred to herein as the “Defendants”).
Incentive entered into a loan agreement with CFG (the “Note”) whereby Incentive loaned
CFG approximately $650,000.00, exclusive of fees, costs and interests, to finance CFG’s
acquisition and distribution of a film and television library (“Liberation Library”) containing
hundreds of media titles otherwise identified as the Distribution and Liberation Assets. In order
to induce Incentive into loaning CFG the requested funds, CDG, CEG and Mr. Atwell
completely and unconditionally guaranteed and secured the repayment of Incentive’s loan to
CFG (the guarantees and security agreements referenced herein are more fully described in the
accompanying memorandum of points and authorities). Additionally, the Atwell Defendants,
who are each officers of Camelot, made gross misrepresentations about Camelot’s financial
stability, Camelot’s and Mr. Atwell’s ability to pay back loans, Camelot’s and the Atwell
Defendants’ track record in marketing and distributing films, and Camelot’s and the Atwell
Defendants’ ability to distribute and exploit the Liberation Library as further inducement for
Incentive to provide CFG with funds to acquire and distribute the Liberation Library.
Despite Incentive’s compliance with the plain terms of the loan agreements referenced
above, Camelot and Mr. Atwell breached the same agreements. As a result of Camelot’s and Mr.

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Atwell’s breach, Incentive foreclosed on the Liberation Library. Accordingly, Incentive is
presently the legal title holder of all of the Liberation Library motion picture and television titles.
Despite the legal acquisition of title to the Liberation Library by Incentive pursuant to the
foreclosure sale, Camelot and the Atwell Defendants are continuing to improperly hold
themselves out as the owners of the Liberation Library, are creating irreparable confusion in the
market place, are improperly bringing lawsuits against copyright infringers of films in the
Library in contravention of Incentive’s rights, are withholding the physical assets of the Library,
including DVDs, audio/visual recordings, masters and the like, and are diverting and stealing
funds that that rightfully belong to Incentive.
Camelot and the Atwell Defendants have already damaged Incentive, and unless said
Defendants are immediately enjoined from furthering their destructive actions, Incentive will
suffer irreparable harm. Accordingly, Plaintiff Incentive respectfully requests that this Court
grant a temporary restraining order and preliminary injunction preventing (1) Defendants’ further
interference with the Liberation Library and business associated with the Liberation Library, (2)
Defendants’ improper infringement suit, and (3) any activities interfering with, hindering, or
delaying Incentive’s exercise of its rights and interest in and to the Liberation Library, including
exploitation of the Liberation Library and all payments received under any distribution or
licensing agreements. This Motion is accompanied by the Memorandum of points and
authorities filed concurrently herewith.

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DATED this 27th day of April, 2011.
PIA ANDERSON DORIUS REYNARD & MOSS, PLLC

/s/ Joseph G. Pia
Joseph Pia
Attorneys for Plaintiff

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