| | FEAR's Brief Bank II: indexed by issue |
| | **************************************************************************************** |
| | Restraining orders - civil forfeiture | [ | 345 | ] |
| | EX PARTE MOTION PURSUANT TO FED.R.CIV.PROC. 65 AND FED.R.CRIM.P. RULE |
| | 41(g) FOR A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND |
| | AN ORDER RETURNING SEIZED PROPERTY TO THE CLAIIMANTS, THOMAS |
| | EDWARD FRANKOVICH AND MARGARET ATKINSON |
| | Pursuant to Federal Rule of Civil Procedure 65, claimants [move court] on an ex parte basis, for issuance of a |
| | temporary restraining order and, upon hearing, a preliminary injunction, restraining plaintiff from releasing or |
| | transferring the above captioned funds to officials or agents of Tehama County, California, and ordering the |
| | funds returned forthwith to Claimants. |
| | by | Grantland, Brenda |
| | U.S. | v. | APPROXIMATELY $20,725.00 IN U.S. CURRENCY | E.D.Cal. | 2:11-MC- | ( | 2011 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | TROmotion | ] |
| | PDF version: | available | [ | 637 | ] |
| | . |
| | CLAIMANTS' CORRECTED MEMORANDUM OF LAW IN SUPPORT OF CLAIMANTS' |
| | MOTION FOR A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, |
| | AND AN ORDER RETURNING SEIZED PROPERTY TO THE CLAIMANTS, THOMAS |
| | EDWARD FRANKOVICH AND MARGARET C. ATKINSON |
| | This motion for a Temporary Restraining Order must be granted to avoid irreparable harm. One year ago the |
| | Tehama County government seized virtually all of the funds Thomas Frankovich had. These remaining bank |
| | accounts totaling $1.5 million have now been detained one entire year without probable cause, and without due |
| | process of law. Both the state and federal government have missed every applicable deadline required by |
| | statutory forfeiture procedures. … In light of this procedural history, this Court should grant this temporary |
| | restraining order and prohibit the United States from releasing or transferring any of the subject funds to anyone |
| | other than claimants pending further order from this Court. |
| | by | Grantland, Brenda |
| | U.S. | v. | APPROXIMATELY $20,725.00 IN U.S. CURRENCY | E.D.Cal. | 2:11-MC- | ( | 2011 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | TROmemoCor | ] |
| | PDF version: | available | [ | 636 | ] |
| | . |
| | Tuesday, August 09, 2011 | Page 2 of 2 |