Below is the draft preliminary injunction submitted by Richard Miniter in his suit against the Washington Times:
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________
)
RICHARD MINITER, )
)
Plaintiff, )
)
v. ) Civil Action No.
)
SUN MYUNG MOON, )
)
PRESTON MOON, )
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UNIFICATION CHURCH INTERNATIONAL )
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ONE UP ENTERPRISES, )
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THE WASHINGTON TIMES, )
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NEWS WORLD COMMUNICATIONS LLC OF )
DELAWARE )
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NEWS WORLD COMMUNICATIONS, INC. )
JONATHAN SLEVIN, )
)
SONYA JENKINS, )
)
BETH WOLFFE, )
)
THE WOLFFE LAW FIRM, )
)
Defendant )
_________________________________
EMERGENCY MOTION FOR PRELIMINARY INJUNCTION AND EXPEDITED DISCOVERY
Plaintiff, Richard Miniter (“Miniter”), pursuant to Rule 65 of the Federal Rules of Civil Procedure (FRCP), hereby moves for a preliminary injunction and respectfully requests an immediate status conference to schedule the preliminary injunction hearing and discovery, as well as expedited discovery.
This motion is based on the following grounds:
1. On December 8, 2009, Plaintiff filed a Verified Complaint.
2. Unless enjoined by this Court, Defendants will likely cease operations and/or dissipate, dispose of, secrete, or transfer assets out of the country before this Court can enter a final judgment. Defendants are additionally likely to destroy or hide evidence; thus Plaintiff seeks an Order preserving evidence.
3. Pursuant to Rule 65(a)(1) of the Federal Rules of Civil Procedure, undersigned counsel for the Plaintiff respectfully certifies to the Court that this is necessary as the Washington Times, which is the alter ego of the other named corporate defendants, is admittedly in a severe economic crisis, has fired nearly half of its employees, and is reducing its operations to a mere fraction of its former self. An accounting of the Defendants’ bad and deteriorating financial condition can be found in the Verified Compliant and Sworn Affidavit of Plaintiff. Moreover, Defendant Sun Myung Moon, who controls the corporate Defendants, is a convicted tax felon in a U.S. court, and thus has a history of breaking the law and not disclosing assets to the government or otherwise. Moon served 18 months in the Federal Correctional Institution in Danbury, Connecticut for filing false statements, and conspiring to obstruct justice (i.e., tax evasion). Additionally, Defendants, through counsel, represented to Plaintiff with that if Plaintiff would forebear from filing a Complaint and request for preliminary relief in this action, Defendants would come forward with a “significant offer” on December 2. This did not happen; instead, on December 2, the Times laid off nearly half of its employees and effectively announced that it was in financial trouble. Thus Defendants have already acted in bad faith.
4. As set forth with great specificity in the previously filed Verified Complaint and in the attached Sworn Affidavit of Richard Miniter, Plaintiff stands a substantial likelihood of success on the merits.
5. A preliminary injunction is necessary to preserve the status quo, to prevent the irreparable injury to the Plaintiff that would result from the cessation of operations and/or the dissipation, disposal, secretion, or transfer of assets to overseas operations. Plaintiff would have no adequate remedy at law, and this Court’s ability to fashion effective relief would be significantly impaired, if Defendants cease operations and/or dissipate, dispose, secrete or transfer assets to overseas operations, and destroy or hide evidence.
6. The harm to Plaintiff clearly outweighs any harm a temporary restraining order and preliminary injunction would otherwise cause to the corporate Defendants, and public policy would require that an individual Plaintiff, like Miniter, be protected under the circumstances against large interests like Defendants. Indeed, all the Plaintiff asks for is an order restraining the movement of corporate assets out of the country and otherwise dissipating, disposing of or secreting them, and Defendants would otherwise be free to use these assets in the ordinary course of their businesses.
This is a simple and straightforward case as concerns this Emergency Motion for Preliminary Injunction against the Defendants, and Plaintiff respectfully requests that an expedited hearing be held in this regard and that discovery proceeds forthwith.
WHEREFORE, the Plaintiff prays that the Defendants and all persons acting on their behalf be enjoined from transferring corporate assets out of the country, from otherwise dissipating, disposing of or secreting assets, and from destroying or hiding evidence.
Respectfully submitted,
________________________
Larry Klayman, Esquire
D.C. Bar No.
The Klayman Law Firm
201 Massachusetts Avenue, N.E.
Suite C-2
Washington, DC 20002
Attorneys for Plaintiff
