Opinion
Civil No. 2:03-C-380 DAK
May 16, 2003
Jeffrey M. Gallup and Delano S. Findlay, Salt Lake City, Utah Attorneys for Plaintiffs
Dale B. Kimsey, Esq. Sandy UT, Attorney for Defendants
ORDER OF PRELIMINARY INJUNCTION
Plaintiffs Rule 64 and 65 Motion for Prejudgment Writ of Attachment and Temporary Restraining Order came on regularly for hearing on May 6, 2003, at the hour of 9:00 a.m. Present in Court were the Plaintiffs, represented by their attorneys of record, Jeffrey M. Gallup and Delano S. Findlay, and the Defendants, appearing in person and represented by their counsel, Dale S. Kimsey. The Court having reviewed Plaintiffs Exhibits I through Q and supporting documentation and having heard testimony of the Plaintiffs and the Defendant Trevor Jones and having heard the arguments of counsel now finds that the Defendants were engaged in the offer and sale of securities, that the Defendants were not licensed to sell such securities and that such securities were not registered. Further, the Plaintiffs have made a showing that they have a reasonable likelihood of prevailing at trial on the merits.
NOW THEREFORE it is Hereby ORDERED that the Defendants, Trevor Jones, Deann Jones, TDK Associates, LLC, Insurpay, LLC and Does 1-10, and their respective agents and assigns, are restrained and enjoined from:
1. Further violations of federal and state securities laws.
2. Dissipating assets held in the names of Trevor Jones, Deann Jones, TDK Associates, LLC, Insurpay, LLC, or in trust for any of the aforenamed individuals and entities, including but not limited to: equity in their home located in Bluffdale, Utah; vehicles; recreational vehicles and all other assets, without further hearing and order of the Court.
3. Dissipating future acquired assets from any other source, including, but not limited to: future acquired assets from Village Capital Trust Limited and/or J.T. Wallenbrock Associates.
4. Moving outside of the State of Utah and/or the jurisdiction of this Court, without further and order of the Court.
5. The Defendants may use monies to pay ordinary and necessary living expenses including the maintenance of equity the home by making the mortgage payments in order to protect any equity therein.
6. This Order shall issue without bond or security being posted by the Plaintiffs.