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Jody P. v. Petersen

United States District Court, Ninth Circuit

August 19, 2013

JODY P., and E.P., by and through her Guardian ad Litem Marla D., Plaintiffs,
v.
ROBERT GARY PETERSEN, Defendant.

Daniel E. Thenell, OSB #971655, Robert Bletko, OSB #791608 Thenell Law Group, P.C., Portland, OR.

Daniel E. Thenell, OSB #971655 Robert Bletko, OSB #791608 Thenell Law Group, P.C., Portland, OR. Of Attorneys for Plaintiffs

Arthur B. Knauss Bradley C. Lechman-Su.

[PROPOSED] ORDER GRANTING PLAINTIFFS' TEMPORARY RESTRAINING ORDER

ANN J. BROWN, District Judge.

This matter came before the Court on August 15, 2013, on Plaintiffs' motion for a Temporary Restraining Order. Plaintiffs appeared through their attorney, Daniel E. Thenell, Defendant appeared telephonically without counsel, and Linda Lee Petersen appeared through her attorneys Arthur Knauss and Bradley Lechman-Su. The Court having reviewed the records on file herein, and heard oral arguments from all parties, and now being fully advised, finds that:

1. This Court has jurisdiction over this matter based on 28 USC 1332;
2. Defendant Robert Gary Petersen is currently incarcerated with the Oregon Department of Corrections at the Two Rivers Correctional Institution in Umatilla County, Oregon, having been sentenced to seven years for Sexual Abuse I and Invasion of Privacy, and that Plaintiffs, therefore, are likely to prevail on the merits of this action;
3. There is good cause to believe that immediate and irreparable damage to the Court's ability to grant effective final relief in the form of monetary restitution will occur from the sale, transfer, or other disposition or concealment by Defendant of his assets, unless Defendant is immediately restrained and enjoined by Order of this Court; and
4. That the security bond is waived due to no likelihood of harm to Defendant, and Plaintiffs' likelihood of success on the merits.

DEFINITIONS

For the purpose of this Temporary Restraining Order ("Order"), the following definitions shall apply:

1. "Defendant" means Robert Gary Petersen.
2. "Attorney in Fact" means Dr. James G. Petersen.
3. "Assets" means any legal or equitable interest in, right to, or claim to, any real and personal property, including but not limited to, "goods, " "instruments, " "equipment, " "fixtures, " "general intangibles, " "inventory, " "checks, " "notes" (as defined in the Uniform Commercial Code), and all chattel, leaseholds, contracts, mail or other deliveries, shares of stock, ...

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