Mallonee v. Fahey

14 F.R.D. 273, 1949 U.S. Dist. LEXIS 3333
CourtDistrict Court, S.D. California
DecidedDecember 1, 1949
DocketNo. 5421 consolidated with No. 5678
StatusPublished
Cited by12 cases

This text of 14 F.R.D. 273 (Mallonee v. Fahey) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mallonee v. Fahey, 14 F.R.D. 273, 1949 U.S. Dist. LEXIS 3333 (S.D. Cal. 1949).

Opinion

HALL, District Judge.

Preliminary Injunction With Findings1

The Motions for Preliminary Injunction of

1. The plaintiffs,2 Mallonee, Bucklin, and Fergus, individually, and as the Shareholder Members Protective Committee, as representatives of a class suing for and on [274]*274behai'f of all of the shareholder members of the Long Beach Federal Savings and Loan Association; and

2. The cross-claimant and third-party plaintiff, Long Beach Federal Savings and Loan Association; and

[275]*2753. The defendant and cross-complainant in interpleader, Title Service Company; and

4. The defendant and cross-claimant in interpleader, George Turner;

5. The defendant and cross-claimant in interpleader Robert H. Wallis, by, and through his attorney of record, Raymond Tremaine, join in each and all of said motions to Restrain All Parties to This Litigation From:

(a) Interfering with the jurisdiction of this Court, obstructing the process of, or violating the orders, injunctions, decrees or judgments of this Court, by holding or participating in, an administrative hearing, called by the defendant Home Loan Bank Board’s Order No. 2015, to commence in Washington, D. C., October 25, 1949, or at all; and

(b) From commencing, maintaining or participating in any proceedings, in any forum other than this United States District Court, for the purpose of hearing or determining any of the issues here pending for determination, or concerning any of the properties involved in this litigation; and

(c) From interfering with, or trespassing upon, the titles, ownership, possession or control, of real or personal property, or other assets within the jurisdiction of this said United States District Court, which have been, or will be, awarded by orders, decrees or judgments made, or yet to be made, by said court, awarding designated properties to determined, or to be determined parties to this litigation, to the exclusion of other parties hereto, Were Filed on October 17, 1949, in Open Court, following the conclusion of hearings of various other motions while counsel for many of the parties were still personally present in open court, and copies of said motions, together with copies of motions for Temporary Restraining Order to be heard ex parte, together with the supporting points and authorities, affidavits', exhibits and other documents, were delivered to counsel present, representing the various interested parties; and

On October 18, 1949, at 11:20 o’clock p. m., the Court granted the ex parte Motions for Temporary Restraining Order; and

Issued its Temporary Restraining Order, to expire at 12 o’clock p.m., on the 28th day of October 1949, copy of which Temporary Restraining Order with Findings of Fact (but without exhibits), is attached hereto, marked Exhibit “B,” and incorporated herein by reference.

The Court set the hearing of said Motions for Preliminary Injunction for the 28th day of October, 1949, at 10 o’clock a.m. or as soon thereafter as counsel could be heard; and

Said Motions for Preliminary Injunction, including all supporting documents, affidavits, etc., together with notice of said date of hearing thereof, and a copy of said Temporary Restraining Order, were all duly and regularly served upon the parties by service upon their attorneys of record.

Thereupon, the hearing of Motions for Preliminary Injunction was duly and regularly continued by Order of this Court, made upon its own motion, because of physical impossibility for this Court to then hear said Motions for Preliminary Injunction because of the prior set Preliminary Injunctions and criminal trial matters then pending for prior hearing, in which this Court was at that time then engaged, and for other good cause;

The said hearing of said Motions for Preliminary Injunction was then re-set by Order of this Court, in the presence of said counsel, to be heard on Monday, the 7th day of November, 1949, at 10 o’clock a.m., or as soon thereafter as counsel could be heard, before Peirson M. Hall, Judge of the United States District Court, in Courtroom No. 3, in the Federal Building, in the City of Los Angeles, State of California ; and

The Court then, upon its own motions, Good Cause Appearing Therefor, duly and regularly made and issued its Order, in the presence of said counsel, extending the said Temporary Restraining Order, and the restraints thereof, until midnight of Monday, November 7, 1949, or until further order [276]*276of said. Court,'copy of which “Order Extending Expiration Date and Restraints of Restraining Order” is attached hereto, marked Exhibit “C,” and incorporated herein by reference.

Said Motions for Preliminary Injunction came on regularly for hearing on Monday, the 7th day of November, 1949, at 10 o’clock a.m., before Peirson M. Hall, Judge of the United States District Court, in Courtroom No. 3 in the Federal Building in the City of Los Angeles, State of California.

Then appearing in Courtroom No. 3 in the Federal Building in the City of Los Angeles, State of California, were counsel representing the various parties.

All other parties except those represented by the foregoing counsel, defaulted to said motions and notices thereof for Preliminary Injunction, and no appearances were made on behalf of any of said defaulting parties. ■Included among such defaulted parties are the following:

1. The defendants and cross-defendants Pioneer Investors Savings and Loan Association, Home Mutual Savings and Loan Association, California Savings and Loan Company, Thrift Federal Savings and Loan Association, San Francisco Federal Savings and Loan Association, Community Savings and Loan Association, Oakland Federal Savings and Loan Association, Citizens’ Federal Savings and Loan Association, Berkeley Guarantee Savings and Loan Association, and Golden West Savings and Loan Association, and the defendant officers and directors of each of said defendant Associations.

2. The defendants Harold Lee Newendorp and Charles E. Bradley, defendants and cross-defendants.

3. The Land Title Insurance Company, defendant and cross-defendant.

4. The defendant and cross-defendant Home Indemnity Company.

5. The defendants and cross-defendants Ben A. Perham, William A. Davis, Fred J. Bradshaw, M. L. Carrier, I. W. Dinsmore, ■Douglas H. Driggs, R. G. Fremou, L. H. Hoffman, Guy E. Jaques, C. W. Leaphart, L. C. Wetzel, Gerrit Vander Ende, Paul Bartling, W. D. Hopping, J. W. Maxwell, W. O. McCaw, Worth D. Wright, Irving Bogardus, R. Floyd Hewitt, J. H. Andrews, C. N. Bloomfield, and P. C. Bulen, former and/or present officers and directors of the Federal Home Loan Bank of San Francisco.

Said Motions for Preliminary Injunction, together with some 18 other matters, on the calendar, were called for hearing, and the Court advised all counsel present that the criminal trial of the United States vs. Schwimmer, and others, in which the Court was presently engaged, and which contained certain international features, and involved the attendance of 'a great number of witnesses, had been set over until Wednesday, November 9, 1949, at Iff o’clock a.

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14 F.R.D. 273, 1949 U.S. Dist. LEXIS 3333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallonee-v-fahey-casd-1949.