Free Temporary Restraining Order - District Court of California - California

Case 3:08-cv-01042-JAH-JMA

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Filed 07/03/2008

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NEW WORLD CAPITAL CURRENCY FUND, L.P., a Delaware limited partnership, NEW WORLD CAPITAL EQUITY FUND, L.P., a Delaware limited partnership, NEW WORLD CAPITAL MANAGEMENT, LLC, a Delaware limited liability company, GREGORY DURAN, an individual; and DOES 1-10;

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

A WALL STREET FUND I, LTD., a Florida limited partnership Plaintiff,

Defendants.

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Case No. 08 CV 1042 JAH (JMA)

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION

Judge: Hon. John A. Houston Courtroom: 11

TO: DEFENDANTS NEW WORLD CAPITAL CURRENCY FUND, L.P., a Delaware limited partnership, NEW WORLD CAPITAL EQUITY FUND, L.P., a Delaware limited partnership, NEW WORLD CAPITAL MANAGEMENT, LLC, a Delaware limited liability company, GREGORY DURAN, an individual; and DOES 1-10; 1
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
Case No. 08CV 1042 JAH (JMA)

Case 3:08-cv-01042-JAH-JMA

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Filed 07/03/2008

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Based upon Plaintiff's Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction, and the papers submitted in support thereof, this Court finds serious questions going to the merits of Plaintiff's cause of action exists and the balance of hardships tip sharply in Plaintiff's favor. The Court further finds Defendants' claim of insolvency may prevent Plaintiff from collecting on a money judgment which creates a threat of irreparable injury. Entry of the order without notice assures any assets remaining in the defendant funds will not be dissipated before the motion for a preliminary injunction is heard. Accordingly, IT IS HEREBY ORDERED Defendants shall appear before this Court at in Courtroom 11 at 940 Front Street, San Diego, California on July 11, 2008 at 10:30 a.m. and show cause why you, and your agents, partners, managers, employees, assignees, successors, representatives, attorneys and all persons and entities acting under, or in concert with, or on behalf of any of you, or subject to the direct or indirect control of all or any of you should not be restrained and all enjoined from taking any of the following action pending trial of this action: (i) investing or trading any funds and investments including, but not limited to, cash, securities, bonds, notes, commodities, derivatives, exchange traded funds, real estate and currency, except for selling such investments solely for U.S. Dollars; (ii) employing or contracting with Gregory Duran, or making any payments to or on behalf of (a) Gregory Duran, or (b) any relative of Gregory Duran, or (c) any entity which is directly or indirectly controlled by, Gregory Duran; and (iii) dissipating, and alienating any funds or investments in any manner, including transferring any funds and investments beyond the jurisdiction of this Court. Pending hearing on the above Order To Show Cause, you, and your agents, partners, 2
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
Case No. 08CV 1042 JAH (JMA)

Case 3:08-cv-01042-JAH-JMA

Document 5

Filed 07/03/2008

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managers, employees, assignees, successors, representatives, attorneys and all persons and entities acting under, or in concert with, or on behalf of any of you, or subject to the direct or indirect control of all or any of you are hereby restrained and enjoined from taking any of the following action: (i) investing or trading any funds and investments including, but not limited to, cash, securities, bonds, notes, commodities, derivatives, exchange traded funds, real estate and currency, except for selling such investments solely for U.S. Dollars; (ii) employing or contracting with Gregory Duran, or making any payments to or on behalf of (a) Gregory Duran, or (b) any relative of Gregory Duran, or (c) any entity which is directly or indirectly controlled by, Gregory Duran; and (iii) dissipating, and alienating any funds or investments in any manner, including transferring any funds and investments beyond the jurisdiction of this Court. This Temporary Restraining Order is entered July 3, 2008 at 4:30 p.m. This Order To Show Cause and Temporary Restraining Order, and supporting papers must be served on Defendants by Plaintiff no later than July 7, 2008. Plaintiff shall file proof of service no later than July 8, 2008. IT IS FURTHER ORDERED that Defendants' Opposition to the Order To Show Cause shall be filed and served on Plaintiffs' attorneys by no later than July 9, 2008, and that Plaintiffs' Reply be served on Defendants, or on their attorneys, no later than July 10, 2008. IT IS SO ORDERED. DATED: July 3, 2008 .

JOHN A. HOUSTON United States District Judge 3
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
Case No. 08CV 1042 JAH (JMA)