United States District Court, W.D. Washington, Seattle
ANTHONY ABUZEIDE, Special Administrator for the Estate of Jack Berry Dane, Plaintiff,
OPENROAD AUTO GROUP, INC., a Washington corporation d/b/a BELLEVUE LAMBORGHINI ROLLS-ROYCE BENTLEY, Defendant.
ORDER GRANTING PRELIMINARY INJUNCTION AND SETTING
SECOND PRELIMINARY INJUNCTION HEARING
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff's Second
Motion for Temporary Restraining Order (“TRO”)
and Preliminary Injunction. Dkt #8.
April 14, 2017, Plaintiff Anthony Abuzeide, Special
Administrator for the Estate of Jack Berry Dane (“The
Estate”) filed this action. The Estate has since filed
two Motions seeking a TRO. The Court granted a TRO in this
matter on April 19, 2017, and incorporates by reference the
facts discussed in that Order. Dkt. #13. In that TRO Order,
the Court set a Preliminary Injunction Hearing for April 27,
2017, and directed the Estate to serve a copy of the Order on
Defendant Openroad Auto Group, Inc. (“Openroad”).
Openroad has failed to respond to these Motions, failed to
attend the Preliminary Injunction Hearing, and failed to
contact the Court in any fashion.
Preliminary Injunction Hearing, the Court learned from the
Estate that it had communicated with Openroad or its agent
the previous day, and that Openroad said it was still
gathering records and seeking counsel. Openroad also
indicated to the Estate that it would abide by the current
TRO and not transfer the vehicle at issue in this case.
Accordingly, the Court ruled that it would extend the
existing TRO to allow Openroad to appear at a Second
Preliminary Injunction Hearing, to be set for May 11, 2017,
at 2:30 P.M.
the Estate also requested at the hearing that the current TRO
be modified to restrain Openroad from transferring possession
of the vehicle. The Court believes such an amendment is
proper given the record, but now finds that it cannot extend
the existing TRO and make that modification. Such a
modification would fundamentally alter the previous TRO.
Accordingly, the Court will instead consider the Estate's
Motion for a Preliminary Injunction as set forth below and
keep the Second Preliminary Injunction Hearing to allow
Openroad to challenge or modify this injunction.
obtain a preliminary injunction, the moving party must show
(1) “he is likely to succeed on the merits, (2) he is
likely to suffer irreparable harm in the absence of
preliminary relief, (3) the balance of equities tips in his
favor, and (4) an injunction is in the public
interest.” Winter v. Natural Res. Def. Council,
Inc., 555 U.S. 7, 24-25, 129 S.Ct. 365, 172 L.Ed.2d 249
(2008). "'[S]erious questions going to the merits
and a balance of hardships that tips sharply towards the
plaintiff can support issuance of a preliminary injunction,
so long as the plaintiff also shows that there is a
likelihood of irreparable injury and that the injunction is
in the public interest.” Alliance for Wild Rockies
v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).
“Plaintiffs must establish that irreparable harm is
likely, not just possible.” Id. at
1131. Given the record before it, the Court again
finds that the Estate has sufficiently demonstrated a
likelihood of success on the merits, made a sufficient
showing of irreparable harm, and otherwise shown that the
balance of equities tips in its favor and that an injunction
is in the public interest. See Dkt. #13. Taken
together, the stronger showing of factors one, three, and
four outweigh the weaker showing as to irreparable harm.
considered Plaintiff's Motion, the declarations and
exhibits attached thereto, and the remainder of the record,
the Court hereby finds and ORDERS that:
Plaintiff's Second Motion for Temporary Restraining Order
and Preliminary Injunction (Dkt. #8) is GRANTED IN PART as to
Plaintiff's request for a Preliminary Injunction.
Defendant Openroad is RESTRAINED from selling, transferring,
or assigning ownership or title of the Porsche 918 Spyder
with VIN WP0CA2A13FS800236, or otherwise transferring
possession of said vehicle, while this litigation is pending
unless otherwise ordered by the Court.
Plaintiff's request for expedited discovery is DENIED at
Second Preliminary Injunction Hearing is set for
2:30pm on Thursday, May 11, 2017, before the
Honorable Ricardo S. Martinez, where the Court will hear oral
argument from the parties as to any necessary modification of
matter of bond shall be reserved until the Second Preliminary
supplemental briefing from either party must be filed no
later than noon on Monday, May 8, 2017, and may not exceed
twelve (12) pages.
Plaintiff must certify with the Court no later than noon on
Friday, April 27, 2017, that it has ...