Ilyia v. El Khoury et al

Filing 7

ORDER denying plaintiff's 2 Motion for TRO by Judge Robert S. Lasnik.(RS)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10
11
12

_______________________________________
)
ELIAS ILYIA,
)
)
Plaintiff,
)
v.
)
)
MAROUN N. EL KHOURY, et al.,
)
)
Defendants.
)
_______________________________________)

No. C11-1593RSL
ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING
ORDER

13
14

Plaintiff Elias Ilyia seeks a temporary order (a) sequestering and freezing

15

defendants’ assets and (b) appointing a custodial receiver to take charge of four companies, the

16

ownership of which is disputed in the above-captioned matter. Plaintiff has not served

17

defendants or otherwise provided notice of the motion. Having reviewed the papers submitted in

18

this matter, the Court finds as follows:

19

In order to obtain preliminary injunctive relief without notice to the adverse party,

20

plaintiff must provide “specific facts in an affidavit or a verified complaint clearly show[ing]

21

that immediate and irreparable injury, loss, or damage will result to the movant before the

22

adverse party can be heard in opposition” and an explanation of why notice should not be

23

required. Fed. R. Civ. P. 65(b)(1). Plaintiff has not made the required showing: his complaint

24

is not verified, nor has he provided the required affidavit. His claim of immediate and

25

irreparable loss is based on counsel’s assertion that defendants transferred $7 million from the

26
ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING ORDER

1
2
3
4
5
6
7
8
9
10
11
12

companies to themselves on June 27, 2011, shortly after plaintiff broke with defendant Maroun
N. El Khoury. Motion (Dkt. # 2) at 4. This assertion is unsworn, and the only evidence
provided is a checking account statement that is not properly authenticated and does not, in and
of itself, link the funds to the four companies at issue in this litigation. Even if the Court
assumes that the anonymous handwritten notes on the statement are accurate, there is no
evidence regarding the current management situation at the companies or whether defendant
Maroun N. El Khoury retains the ability to unilaterally transfer company assets. It has been
three months since the $7 million transfer occurred, and there is no indication that defendants
have absconded or attempted to abscond with additional assets during that period. Plaintiff has
therefore failed to clearly show that an immediate and irreparable loss will result if defendants
are given notice of this lawsuit prior to consideration of plaintiff’s request for preliminary
injunctive relief.

13
14
15
16
17

For all of the foregoing reasons, plaintiff’s motion for entry of a temporary
restraining order without notice is DENIED without prejudice. Plaintiff may seek expedited
preliminary relief after the complaint and summons are served on defendants.
Dated this 27th day of September, 2011.

18

A

19

Robert S. Lasnik
United States District Judge

20
21
22
23
24
25
26
ORDER DENYING MOTION FOR
TEMPORARY RESTRAINING ORDER

-2-