Opinion
Civil No. 2:04CV00390 TC
May 25, 2004
Daniel W. Anderson, Bradley L. Tilt, FABIAN CLENDENIN, Salt Lake City, Utah, for Plaintiffs
TEMPORARY RESTRAINING ORDER
The "Ex Parte Motion of Plaintiffs for Issuance of a Temporary Restraining Order and Preliminary Injunction" (the "Motion") came on for hearing before the Court on the 25th day of May, 2004. Plaintiffs were represented by Bradley L. Tilt of Fabian Clendenin.
The Court, having reviewed the Motion, the supporting memorandum and affidavits, and all other pleadings and papers on file herein, having heard the arguments of counsel, being duly informed in the premises, and for good cause shown,
NOW THEREFORE IT IS ORDERED as follows:
1. That portion of the Motion requesting a Temporary Restraining Order is granted.
2. In this lawsuit and its Motion, Countrywide has raised and presented serious issues as to the validity of that certain purported arbitration case purportedly filed with the above-named Defendant Arbitration Alliance International, LLC, identified and known as Richard F. Zumpano v. Michael Zunign and Countywide Home Loans, AAI File No. AAI030022111-47106, Claimant Reference No. RF2-10272003-CHL-AFV (the " Purported Arbitration Case"), and the purported "Award" that was issued in the Purported Arbitration Case (the " Purported Arbitration Award") of which a copy is attached hereto as Exhibit "A".
3. To date the parties have not had an opportunity to fully litigate the validity of the Purported Arbitration Case and the Purported Arbitration Award, which issues the Court finds should be the subject of further litigation and should be resolved by this Court prior to any attempt to, in any manner, directly or indirectly, initiate or in any way proceed with or otherwise continue any action or attempt to have the Purported Arbitration Award confirmed or otherwise enforced as an order or judgment of any court, or otherwise taking any action seeking to collect upon or otherwise enforce the Purported Arbitration Award, to report the Purported Arbitration Award to a credit reporting agency(ies), or to sell, assign, or otherwise transfer, lien, or encumber the Purported Arbitration Award, or any rights or interests in, to, or under it, to any other person or entity (such actions being referred to hereinafter collectively as " Enforcement Action").
4. Any Enforcement Action on, of, or relating or pertaining in any way to the Purported Arbitration Award while there are still pending before this Court substantial unresolved issues as to the validity of the Purported Arbitration Case and the Purported Arbitration Award would cause immediate great and irreparable injury and damage to the Plaintiffs herein against whom such Purported Arbitration Award purports to run, including, but without limitation, potentially being subject to Enforcement Action in an unknown forum at an unknown time on the Purported Arbitration Award whose validity is in question, and potential resulting damage to the Plaintiffs' credit ratings and relationships.
5. By virtue of the foregoing, any and all Enforcement Action on, of, or relating or pertaining in any way to the Purported Arbitration Award is hereby restrained and enjoined. Without limitation of any kind upon the foregoing, the above-named Defendant Richard F. Zumpano is specifically restrained and enjoined, and all other persons and entities are hereby restrained and enjoined, from in any manner, directly or indirectly, initiating, continuing with, or proceeding with any Enforcement Action.
6. This Temporary Restraining Order is granted ex parte because of the potential that if provided advance notice Defendant Richard F. Zumpano may, among other things, evade service herein or seek to take some Enforcement Action with respect to the questioned Purported Arbitration Award in some unknown forum at an unknown time, all to Plaintiff's substantial and irreparable injury and damage, including as set forth above.
7. Plaintiffs shall post $1,000 as security for this Temporary Restraining Order.
8. This Temporary Restraining Order shall expire on June 10, 2004.
9. The hearing on that portion of the Motion requesting a preliminary injunction shall be held on the 9 day of June, 2004, at the hour of 11 o'clock A.M. (MST), before this Court.