United States Commodity Futures Trading Commission v. Dinar Corp., Inc. et al, No. 1:2015cv00538 - Document 83 (M.D. Ala. 2015)
Court Description: MEMORANDUM OPINION AND ORDER: it is ORDERED that the duration of the 8 Statutory Restraining Order, which was previously set to expire on 9/3/2015, is EXTENDED and the 8 Statutory Restraining Order shall remain in force and effect as to Dfts Husa m Tayeh, Dinar Corp., Inc., and Monex Nevada, until a new consent preliminary injunction is entered; it is ORDERED that, on or before 9/14/2014, Plf US Commodity Futures Trading Commission and Dfts Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation ("Monex Nevada") shall file a proposed consent order of preliminary injunction, as further set out in order; Plf is DIRECTED to promptly serve Relief Dft My Monex Inc., an Alabama corporation, with a copy of this Order. Signed by Chief Judge William Keith Watkins on 9/3/2015. (wcl, )
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United States Commodity Futures Trading Commission v. Dinar Corp., Inc. et al Doc. 83 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. DINAR CORP, et al., Defendants. ) ) ) ) ) ) CASE NO. 1:15-CV-538-WKW ) (WO) ) ) ) MEMORANDUM OPINION AND ORDER The Statutory Restraining Order (Doc. # 8) entered on July 27, 2015, is currently set to expire at 4:08 p.m. on September 3, 2015. (Doc. # 43.) At a preliminary injunction hearing held on September 3, 2015, Plaintiff United States Commodity Futures Trading Commission and Defendants Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation (“Monex Nevada”) notified the court that they jointly consent to a continuation of the Statutory Restraining Order until a new, consent preliminary injunction is entered. Federal Rule of Civil Procedure 65(b)(2) provides that a temporary restraining order may operate for longer than a period of twenty-eight days if the adverse party consents. Fed. R. Civ. P. 65(b)(2); Fernandez-Roque v. Smith, 671 F.2d 426, 429-30 (11th Cir. 1982). Because Defendants have consented to the Dockets.Justia.com extension of the Statutory Restraining Order, the court finds that Statutory Restraining Order will be continued until entry of a consent preliminary injunction. Accordingly, it is ORDERED that the duration of the Statutory Restraining Order (Doc. # 8), which was previously set to expire on September 3, 2015, is EXTENDED and the Statutory Restraining Order (Doc. # 8) shall remain in force and effect as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada, until a new consent preliminary injunction is entered. Further, it is ORDERED that, on or before September 14, 2014, Plaintiff United States Commodity Futures Trading Commission and Defendants Husam Tayeh, Dinar Corp., Inc., and My Monex, Inc., a Nevada corporation (“Monex Nevada”) shall file a proposed consent order of preliminary injunction. The court will enter a consent preliminary injunction within a reasonable time after the parties file the proposed order. Plaintiff is DIRECTED to promptly serve Relief Defendant My Monex Inc., an Alabama corporation, with a copy of this Order. DONE this 3rd day of September, 2015. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2
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