Incentive Capital v. Camelot Entertainment Group et al

Filing 28

Second 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 SECOND 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 Clark Waddoups
(Expedited Hearing 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”)

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hereby respectfully submits this Second Motion for Temporary Restraining Order and Motion for
Preliminary Injunction against the above-captioned Defendants.
The First Motion was filed with counsel’s understanding that a non-evidentiary hearing
on the TRO would be held first, followed by an evidentiary hearing for the preliminary
injunction. Plaintiff did not understand that the TRO hearing would require the presentation of
evidence, and therefore Plaintiff’s manager was not available at the hearing, nor were any of
Defendants’ representatives available for cross-examination.
This second Motion for a Temporary Restraining Order and Preliminary Injunction
(“Second Motion”) includes a Declaration of James Mecham the Manager of Incentive Capital,
LLC, who is prepared to testify according to his declaration. Mr. Mecham’s testimony provides
sufficient evidentiary basis for granting the requested restraining order and injunction. Plaintiff
also intends to cross-examine one or more representatives of the Defendants at the preliminary
injunction hearing to further support the fact that Defendants are planning to dispose of the
unique assets that are the heart of this action.
In this Second Motion, Plaintiff has narrowed the relief sought to prohibitory rather than
mandatory relief, seeking merely to preserve the status quo. The status quo is that the Liberation
Library, composed of approximately 880 unique media titles known as the “Liberation Assets”
and 13 other films known as the “Distribution Assets,” remain in its present state without
additional encumbrances, sales, or licensing of the individual media titles until such time that the
legal dispute between Plaintiff and Defendant Camelot as to rightful ownership is resolved.

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For the reasons set forth in the accompanying Memorandum, and oral argument, Plaintiff
respectfully submits that this narrow relief should be granted to preserve the core asset at issue,
so that a trial on the merits will not be rendered futile.
DATED this 5th day of May, 2011.
PIA ANDERSON DORIUS REYNARD & MOSS, PLLC

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

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CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of May, 2011, I caused to be emailed via electronic

mail a true and correct copy of the foregoing PLAINTIFF’S SECOND MOTION FOR
TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY
INJUNCTION to the following:
John A. Snow
Vancott
36 South State Street
Suite 1900
Salt Lake City, Utah 84111

PIA ANDERSON DORIUS REYNARD & MOSS, LLC

/S/ JOSEPH G. PIA
Joseph G. Pia

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