Monday, September 8, 2008

Temporary restraining order

The judge issued a temporary restraining order on August 22, 2008, that ordered Jack Smiley to turn over possession of the Dinars to either his lawyer or to the court. That TRO was continued in the judge's order grating the State's motion for summary judgement. The TRO also restrains Smiley from taking any action to cash in or sell the Dinars.

To date, Smiley has not turned over possession of the Dinars. The State has filed a motion to hold Smiley in contempt of court, and will seek sanctions designed to cause him to surrender the Dinars. The motion is set for hearing on September 23, 2008.

Sunday, September 7, 2008

Summary Judgment granted

On August 28, 2008, the judge granted the State's motion for summary judgment "in all aspects."

The State seeks various forms of relief, including appointment of a receiver, restitution to investors, and others. The judge also ordered "that for plaintiff to obtain a judgment, the State must notice a hearing on remedies/damages within the next sixty (60) days. In the interim, the Amended Temporary Restraining Order will remain in effect."

The Amended TRO orders Defendant Jack Smiley not to sell, transfer or dispose of the Dinars at issue.

A copy of the Order Granting Summary Judgment can be seen here.