USAA Federal Savings Bank v Bouchard et al

Filing 6

ORDER granting 2 Motion for TRO; Preliminary Injunction Hearing set for 8/18/2017 at 02:00 PM in B Courtroom before Judge Ronald B. Leighton; Defendants' response to the motion to be filed by 8/14/17; any reply to be filed by 8/17/17; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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USAA FEDERAL SAVINGS BANK,

CASE NO. C17-5590RBL

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Plaintiff,
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v.

ORDER GRANTING TRO AND
SETTING PRELIMINARY
INJUNCTION HEARING

DANIEL and KATHLEEN
BOUCHARD,

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Defendants.
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THIS MATTER is before the Court on Plaintiff USAA’s Motion for a Temporary
Restraining Order, precluding Underwriters at Lloyds, London from disbursing to Defendants
Daniel and Kathleen Bouchard insurance proceeds from or related to its policy no.
DIC3100336-1.
The purpose of a TRO is “preserving the status quo and preventing irreparable harm just
so long as is necessary to hold a hearing [on the preliminary injunction application], and no
longer.” Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, 415
U.S. 423 (1974); see also Reno Air Racing Ass’n v. McCord, 452 F.3d 1126, 1130-31 (9th Cir.
2006). To obtain a TRO or a preliminary injunction, the moving party must show: (1) a
likelihood of success on the merits; (2) a likelihood of irreparable harm to the moving party in

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ORDER GRANTING TRO AND SETTING
PRELIMINARY INJUNCTION HEARING - 1

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the absence of preliminary relief; (3) that a balance of equities tips in the favor of the moving

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party; and (4) that an injunction is in the public interest. Winter v. Natural Res. Def. Council,

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Inc., 555 U.S. 7, 20 (2008).
Traditionally, injunctive relief was also appropriate under an alternative “sliding scale”

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test. The Lands Council v. McNair, 537 F.3d 981, 987 (9th Cir. 2008). However, the Ninth

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Circuit overruled this standard in keeping with the Supreme Court’s decision in Winter.

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American Trucking Ass’ns Inc. v. City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir. 2009)

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(holding that “[t]o the extent that our cases have suggested a lesser standard, they are no longer

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controlling, or even viable”).
Plaintiff USAA has met this standard. Plaintiff USAA FSB’s Emergency Motion for

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Temporary Restraining Order is GRANTED
Daniel and Kathleen Bouchard are ENJOINED from receiving any insurance proceeds

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from Underwriters at Lloyds, London arising from policy no. DIC3100336-1.

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This Temporary Restraining Order is effective up to the time that this Court rule on

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Plaintiff’s application for a preliminary injunction. The Court will hear argument on the

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preliminary injunction AUGUST 18 at 2:00 p.m. Defendants’ Response to the Motion shall be

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filed and served no later than AUGUST 14. Any Reply shall be filed by AUGUST 17.

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The security provision of Federal Rule of Civil Procedure 65(c) is waived.

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IT IS SO ORDERED

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Dated this 7th day of August, 2017.

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A

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Ronald B. Leighton
United States District Judge

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ORDER GRANTING TRO AND SETTING
PRELIMINARY INJUNCTION HEARING - 2