Abuzeide v. Openroad Auto Group, Inc.

Filing 19

ORDER granting in part Plaintiff's 8 Motion for Temporary Restraining Order and Preliminary Injunction Hearing. Plaintiff's request for expedited discovery is denied. A Second Preliminary Injunction Hearing is set for 5/11/2017 at 02:30 PM before Judge Ricardo S Martinez. Supplemental briefing due by noon on 5/8/2017. Plaintiff to certify with the Court by noon on 4/27/2017 that it has served this Order on Defendant. Signed by Judge Ricardo S Martinez. (PM)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11
12
13
14
15
16
17
18
19
20
21

ANTHONY ABUZEIDE, Special
Administrator for the Estate of Jack Berry
Dane,
Plaintiff,

Case No. C17-583 RSM
ORDER GRANTING PRELIMINARY
INJUNCTION AND SETTING SECOND
PRELIMINARY INJUNCTION HEARING

v.
OPENROAD AUTO GROUP, INC., a
Washington corporation d/b/a BELLEVUE
LAMBORGHINI ROLLS-ROYCE
BENTLEY,
Defendant.
This matter comes before the Court on Plaintiff’s Second Motion for Temporary
Restraining Order (“TRO”) and Preliminary Injunction. Dkt #8.

22

On April 14, 2017, Plaintiff Anthony Abuzeide, Special Administrator for the Estate of

23

Jack Berry Dane (“The Estate”) filed this action. The Estate has since filed two Motions

24

seeking a TRO. The Court granted a TRO in this matter on April 19, 2017, and incorporates by

25
26

reference the facts discussed in that Order. Dkt. #13. In that TRO Order, the Court set a

27

Preliminary Injunction Hearing for April 27, 2017, and directed the Estate to serve a copy of

28

the Order on Defendant Openroad Auto Group, Inc. (“Openroad”). Openroad has failed to
ORDER GRANTING PRELIMINARY INJUNCTION AND SETTING SECOND
PRELIMINARY INJUNCTION HEARING - 1

1
2

respond to these Motions, failed to attend the Preliminary Injunction Hearing, and failed to
contact the Court in any fashion.

3
4

At the Preliminary Injunction Hearing, the Court learned from the Estate that it had
communicated with Openroad or its agent the previous day, and that Openroad said it was still

5
6

gathering records and seeking counsel. Openroad also indicated to the Estate that it would

7

abide by the current TRO and not transfer the vehicle at issue in this case. Accordingly, the

8

Court ruled that it would extend the existing TRO to allow Openroad to appear at a Second

9

Preliminary Injunction Hearing, to be set for May 11, 2017, at 2:30 P.M.1

10

However, the Estate also requested at the hearing that the current TRO be modified to

11
12

restrain Openroad from transferring possession of the vehicle. The Court believes such an

13

amendment is proper given the record, but now finds that it cannot extend the existing TRO

14

and make that modification. Such a modification would fundamentally alter the previous TRO.

15

Accordingly, the Court will instead consider the Estate’s Motion for a Preliminary Injunction as

16

set forth below and keep the Second Preliminary Injunction Hearing to allow Openroad to

17
18

challenge or modify this injunction.

19

To obtain a preliminary injunction, the moving party must show (1) “he is likely to

20

succeed on the merits, (2) he is likely to suffer irreparable harm in the absence of preliminary

21

relief, (3) the balance of equities tips in his favor, and (4) an injunction is in the public interest.”

22
23

Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24-25, 129 S. Ct. 365, 172 L. Ed. 2d 249

24

(2008). "'[S]erious questions going to the merits and a balance of hardships that tips sharply

25

towards the plaintiff can support issuance of a preliminary injunction, so long as the plaintiff

26

1

27
28

The duration of a temporary restraining order issued without notice may not exceed 14 days but may be extended
once for an additional 14 days for good cause; in addition, the reasons for such an extension must be entered in the
record. Fed. R. Civ. P. 65(b)(2). When a temporary restraining order is issued with notice and after a hearing,
however, the 14-day limit for such orders issued without notice does not apply. See Horn Abbot Ltd. v.
Sarsaparilla Ltd., 601 F. Supp. 360, 368 n.12 (N.D. Ill. 1984). Nevertheless, absent consent of the parties, “[a]
court may not extend a ‘TRO’ indefinitely, even upon notice and a hearing.” Id.

ORDER GRANTING PRELIMINARY INJUNCTION AND SETTING SECOND
PRELIMINARY INJUNCTION HEARING - 2

1

also shows that there is a likelihood of irreparable injury and that the injunction is in the public

2

interest.” Alliance for Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011). “Plaintiffs

3

must establish that irreparable harm is likely, not just possible.” Id. at 1131. Given the record

4

before it, the Court again finds that the Estate has sufficiently demonstrated a likelihood of

5
6

success on the merits, made a sufficient showing of irreparable harm, and otherwise shown that

7

the balance of equities tips in its favor and that an injunction is in the public interest. See Dkt.

8

#13. Taken together, the stronger showing of factors one, three, and four outweigh the weaker

9

showing as to irreparable harm.

10

Having considered Plaintiff’s Motion, the declarations and exhibits attached thereto,

11
12

and the remainder of the record, the Court hereby finds and ORDERS that:

13

(1) Plaintiff’s Second Motion for Temporary Restraining Order and Preliminary

14

Injunction (Dkt. #8) is GRANTED IN PART as to Plaintiff’s request for a

15

Preliminary Injunction.

16

(2) Defendant Openroad is RESTRAINED from selling, transferring, or assigning

17
18

ownership or title of the Porsche 918 Spyder with VIN WP0CA2A13FS800236, or

19

otherwise transferring possession of said vehicle, while this litigation is pending

20

unless otherwise ordered by the Court.

21

(3) Plaintiff’s request for expedited discovery is DENIED at this time.

22
23

(4) A Second Preliminary Injunction Hearing is set for 2:30pm on Thursday, May 11,

24

2017, before the Honorable Ricardo S. Martinez, where the Court will hear oral

25

argument from the parties as to any necessary modification of this Order.

26
27

(5) The matter of bond shall be reserved until the Second Preliminary Injunction
Hearing.

28
ORDER GRANTING PRELIMINARY INJUNCTION AND SETTING SECOND
PRELIMINARY INJUNCTION HEARING - 3

1
2
3
4

(6) Any supplemental briefing from either party must be filed no later than noon on
Monday, May 8, 2017, and may not exceed twelve (12) pages.
(7) Plaintiff must certify with the Court no later than noon on Friday, April 27, 2017,
that it has served this Order on Defendant.

5
6
7

DATED this 27th day of April 2017.

8
9
10
11

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER GRANTING PRELIMINARY INJUNCTION AND SETTING SECOND
PRELIMINARY INJUNCTION HEARING - 4