U.S. Commodity Futures Trading Comm'n v. Dinar Corp.

Full title: U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. DINAR CORP, et…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION

Date published: Sep 3, 2015

CASE NO. 1:15-CV-538-WKW (WO) (M.D. Ala. Sep. 3, 2015)

Opinion

CASE NO. 1:15-CV-538-WKW (WO)

09-03-2015

U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. DINAR CORP, et al., Defendants.

W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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 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