(WMW) Acco Finance Company v. Yancy, et al. Doc.

7
John G. Michael #106107
Matthew E. Farmer #190484
Case 1:06-cv-00158-OWW-NEW Document 7 Filed 02/21/2006 Page 1 of 2

1 B AK E R , M AN O C K & J E N S E N
A P RO F ES SI O NA L CO RP ORA TI O N
F IG G A R D E N F IN A N C IA L C E N T E R
2 5260 NORTH PALM AVENUE, FOURTH FLOOR
FRESNO, CALIFORNIA 93704-2209
3 TE L E P H O N E (559) 432-5400
TE L E C O P IE R (559) 432-5620

4
Plaintiff ACCO FINANCE CO.
5 Attorneys for

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10

11 ACCO FINANCE CO., a Delaware ) Case No. 1:06-CV-00158-OWW-LJM

Corporation, )
12 ) TEMPORARY RESTRAINING
Plaintiff, ) ORDER AND ORDER TO SHOW
13 ) CAUSE RE PRELIMINARY
v. ) INJUNCTION
14 )
KYLE YANCEY, an individual and dba “Kyle ) Date:
15 Yancey Farms”; KAYLA YANCEY, an ) Time:
individual; YANCEY FARMS, L.L.C., an ) Dept.:
16 Arizona limited liability company; BRUCE )
YANCEY, an individual; EUELL BARNES, an )
17 individual; UAP DISTRIBUTION, INC., a )
Delaware Corporation and also doing business )
18 as “UAP West”; LOVELAND INDUSTRIES, )
INC., a Colorado corporation and also doing )
19 business as “UAP West”; and Does 1 to 10, )
)
20 Defendants. )
)
21 ______________________________________ )

22 TO ALL INTERESTED PARTIES AND/OR THEIR COUNSEL OF

23 RECORD:

24 Based upon the Verified Complaint on file herein together with the Exhibits

25 attached thereo, the motion of Plaintiff ACCO FINANCE CO. (“ACCO”) for a temporary

26 restraining order and an order to show cause regarding preliminary injunction, the Declaration of

27 Matthew E. Farmer and the exhibits attached thereto, the supporting memorandum of points and

28 authorities, and for good cause shown:

PLAINTIFF ACCO FINANCE CO.’S MOTION FOR TEMPORARY RESTRAINING ORDER

AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
Dockets.Justia.com
 Case 1:06-cv-00158-OWW-NEW Document 7 Filed 02/21/2006 Page 2 of 2

1 YOU, YANCEY FARMS, L.L.C. ARE HEREBY ORDERED TO SHOW

2 CAUSE at _10:00 a.m. on _February 24___________ 2006, or as soon thereafter as counsel may

3 be heard in Department _3_ of the above entitled court, why you, your agents, servants, assigns,

4 and all those acting in concert with you, should not be restrained and enjoined from further

5 prosecuting the garnishment proceeding against ACCO (appearing as the real party in interest for

6 named Garnishee Anderson Clayton Corp.) in Yancey Farms, L.L.C. v. Yancey, Yuma County,

7 State of Arizona Superior Court Case No. CV2004-00868.

8 PENDING HEARING ON THE ABOVE ORDER TO SHOW CAUSE, YOU,

9 YOUR AGENTS, SERVANTS, ASSIGNS, AND ALL THOSE ACTING IN CONCERT

10 WITH YOU, ARE HEREBY RESTRAINED AND ENJOINED FROM further prosecuting

11 the garnishment proceeding against ACCO (appearing as the real party in interest for named

12 Garnishee Anderson Clayton Corp.) in Yancey Farms, L.L.C. v. Yancey, Yuma County, State of

13 Arizona Superior Court Case No. CV2004-00868.

14 IT IS FURTHER ORDERED that the above temporary restraining order is

15 effective immediately. ACCO has deposited the sum of $167,264.19 with this Court, which is the

16 stake alleged in this interpleader action. The order to show cause and supporting papers shall be

17 served on YANCEY FARMS, L.L.C., and all interested parties, no later than _February 23, 2006,

18 before 12:00 p.m., by _personal service__________. Proof of service shall be filed electronically

19 with this Court.

20 The following briefing schedule shall apply: Any opposition papers to the order to

21 show cause shall be filed and served on all interested parties no later than _February 24______,

22 2006 at 9:00 a.m. Any reply papers to such opposition(s) shall be filed and served on all interested

23 parties no later than __NO REPLY___________________, 2006, at __.m.

24 IT IS SO ORDERED.

25 Dated: February 21, 2006 _/s/ OLIVER W. WANGER________

The Honorable Oliver W. Wanger
26

27 G:\docs\GLucas\O rders To Be Signed\06cv158tro.wpd

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2
PLAINTIFF ACCO FINANCE CO.’S MOTION FOR TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION