Be Heard
Cmark International Inc (RB:CMKI)
| « CMKI Message list | Reply to msg. | Post new msg. | « Older | Newer » |
25 May 2007, 01:09 PM EDT Rating: 
|
Msg. 552142 of 910396
|
|
TRO David R. Koch (Nevada Bar No. 8830) REVISED TURNER GREEN AFRASIABI & ARLEDGE LLP 701 N. Green Valley Pkwy, Suite 200 Henderson, NV 89074 T001 i .',Y 23 A II. 32 Telephone: (702) 990-3155 Facsimile: (702) 990-3156 Bill Frizzell (Texas Bar No. 07484500) Frizzell Law Firm 602 South Broadway Tyler, Texas 75701 Tel. (903) 595-1921 Fax (903) 595-4383 Appearing Pro Hac Vice (Motion to Associate Pending) Attorneys for Plaintiff DISTRICT COURT CLARK COUNTY, NEVADA CMKM DIAMONDS, INC., Case No.: A540161 Department: XIII Plaintiff, V. AMENDED TEMPORARY URBAN CASAVANT; THE UAJC 2005 IRREVOCABLE TRUST; MIKE WILLIAMS; DESHAWN L. WAYNE; BRIAN DVORAK; JAMES KINNEY; GINGER GUTIERREZ; P.A. HOLDINGS, INC.; BUCKO LLC; DOES 1-20; and ROES 1-20, Defendants. I RESTRAINING ORDER AND ORDER SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION After considering plaintiff CMKM Diamonds, Inc.'s application for a Temporary Restraining Order against Defendants Urban Casavant, The UAJC 2005 Irrevocable Trust, Mike Williams, DeShawn L. Wayne, Brian Dvorak, James Kinney, Ginger Gutierrez, P.A. Holdings, Inc., and Bucko LLC, as well as the pleadings and affidavits, the Court finds as follows: a. Absent a temporary restraining order, plaintiff will suffer immediate and irreparable injury, loss, or damage as assets and records that appear to belong to the corporation may be wasted or transferred by the defendants. b. This injury is irreparable because the corporation may become insolvent through the acts of defendants and any eventual legal remedy may be ineffective in the event that the assets at issue are not available for recovery. c. This ex parte order is granted without notice to Defendants because prior actions of defendants suggest assets may be wasted or records lost and destroyed if notice is given to the parties before Court intervention. ACCORDINGLY, THE COURT HEREBY EXTENDS ITS PREVIOUSLY ISSUED TEMPORARY RESTRAINING ORDER AS FOLLOWS: 1. Defendants named above and their officers, agents, servants, employees, attorneys, and all persons acting in concert with them are restrained from hiding, altering, or destroying any records belonging or relating to CMKM Diamonds, Inc. 2. Defendants named above and their officers, agents, servants, employees, attorneys, and all persons acting in concert with them are further restrained from selling, trading, encumbering or transferring the following property until further order of this Court: i. The following real property: 1. 90 Innisbrook Avenue, Las Vegas, Nevada 2. 30 Princeville Lane, Las Vegas, Nevada 3. 7146 Mission Hills, Las Vegas, Nevada 2 1 4. Durango Trails, Bldg. T, Las Vegas, Nevada 2 ii. Any funds or assets held in any bank, brokerage, or financial account 3 in the name of the UAJC 2005 Irrevocable Trust, including the 4 brokerage account held with Citigroup/Smith Barney, Acct. No. 647- 5 33547-17 303 and the account held with West America Securities 6 Corporation, Account No. 67703437719648. 7 iii. Any property or assets held by Four Vegas Properties, including the proceeds of settlement from the case entitled Philip Smith v. Keith McAllister, et al., Clark County District Court. iv. The proceeds from the loan made to CSII in the amount of $2,250,000 or the stock that was purchased with these funds or any derivative income stream from this investment. v. The proceeds from the loan made to Crystallix in the amount of $3,000,000 or the stock that was purchased with these funds or any derivative income stream from this investment. vi. The proceeds from the loan made to Mobile Wireless Security in the amount of $1,000,000 or the stock that was purchased with these funds or any derivative income stream from this investment. vii. The funds repayable CMKM for loans made to Golden Arch Resources in four separate checks totaling $539,992.11 during January of 2005. 3. A hearing to determine whether a preliminary injunction shall be issued in this matter will take place on May 30, 2007 at 10:00 a.m. in this department. 4. A bond in the amount of $10,000 has previously been posted by plaintiff as security for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. // // 3 i 1J 5. The parties in this action are permitted to conduct third-party discovery prior to the hearing on May 30 in order to obtain potential evidence for the hearing. Dated: May 1 2007 MAC k. DEN'TON By: District Court Judge 4 - - - - - View Replies » |
| « CMKI Message list | Reply to msg. | Post new msg. | « Older | Newer » |
del.icio.us
digg
Reddit
You can also:
