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15-538 - United States Commodity Futures Trading Commission v. Dinar Corp., Inc. et al


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15-538 - United States Commodity Futures Trading Commission v. Dinar Corp., Inc. et al
August 21, 2015
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MEMORANDUM OPINION AND ORDER: ORDERED that 1. The 34 motion to continue the Statutory Restraining Order is GRANTED in part as to the request that the Statutory Restraining Order be extended as to Defendants, but DENIED in part as to the request that the Statutory Restraining Order be extended as to Relief Defendants; 2. The duration of the Statutory Restraining Order (Doc. # 8), which was previously set to expire on August 24, 2015, is EXTENDED as to Defendants 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 4:08 p.m. on September 3, 2015; 3. The deadline for Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada to SHOW CAUSE why Plaintiffs separately filed Motion for Preliminary Injunction (Doc. # 3) should not be granted, and to file their response(s), including all counter or opposing affidavits and a memorandum of legal authority, previously set for August 18, 2015, is EXTENDED to and including August 28, 2015; and 4. A preliminary injunction hearing on Plaintiffs separately filed Motion for Preliminary Injunction (Doc. # 3) is SET for September 3, 2015, at 10:00 a.m., in courtroom 2-B of the Frank M. Johnson, Jr. U.S. Courthouse, in Montgomery, Alabama. The hearing will be held on whether the Statutory Restraining Order will be converted to a preliminary injunction as to Defendants Husam Tayeh, Dinar Corp., Inc., and Monex Nevada. Counsel shall appear in person, and telephonic appearances will not be permitted. Plaintiff is DIRECTED to serve Relief Defendants promptly with a copy of this Order. The Clerk of the Court is DIRECTED to provide a court reporter for the hearing. Signed by Chief Judge William Keith Watkins on 8/21/2015. (furn: AR, Calendar)(kh, )
September 3, 2015
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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 Husam 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, )
February 29, 2016
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MEMORANDUM OPINION AND ORDER: it is ORDERED: 1) The 101 Order referring Dfts' 96 Motion for Modification of Preliminary Injunction Order for Release of Funds to Pay Attorneys' Fees to the Magistrate Judge is VACATED; 2) Dfts' 96 Motion for Modification of Preliminary Injunction Order for Release of Funds to Pay Attorneys' Fees is GRANTED; 3) The following funds shall be RELEASED to Dfts' counsel: $20,000.00 of the funds held by Ifrah, PLLC, and $75,000.00 of the funds held by Cozen O'Connor. The funds shall be paid as follows: $45,000.00 shall be paid to the firm of Burr & Foreman, LLP; $25,000.00 shall be paid to the firm of Ifrah PLLC for legal services previously rendered; and the remainder shall be held in trust by Ifrah PLLC for payment of additional reasonable attorney's fees incurred in the defense of this case. In the event that any of the funds held in trust remain unused at the close of this case, Ifrah PLLC shall so notify the court within 7 days of the entry of a final judgment; 4) Paragraph II.6. of the 93 Consent Order of Preliminary Injunction is MODIFIED, as further set out in order. Signed by Chief Judge William Keith Watkins on 2/29/2016. (wcl, )