The Ryzman Foundation Inc. v. Nana Muza, et al.

[1] 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA [4] 5 THE RYZMAN FOUNDATION INC., Case No. 25-cv-09653-MMC 6 Plaintiff, ORDER GRANTING PLAINTIFF’S APPLICATION FOR TEMPORARY 7 v. RESTRAINING ORDER; DIRECTING DEFENDANTS TO SHOW CAUSE 8 NANA MUZA, et al., WHY PRELIMINARY INJUNCTION SHOULD NOT ISSUE; GRANTING 9 Defendants. REQUEST FOR EXPEDITED DISCOVERY [11] Before the Court is plaintiff The Ryzman Foundation Inc.’s (“Ryzman”) “Ex Parte [12] Application for Temporary Restraining Order and Order to Show Cause for Preliminary [13] Injunction; and Order for Expedited Discovery,” filed November 21, 2025.1 Having read [14] and considered the papers filed in support of the application, the Court rules as follows. [15] Ryzman’s claims are based on allegations that defendants obtained a $7.5 million [16] loan from Ryzman under false pretenses, the proceeds of which were wired to an [17] account at Bank of America, specifically, account number xxxxxxxx3581 (“Bank of [18] America Account”) and that defendants failed to make any payments thereunder. (See [19] Compl. ¶¶ 5-16). By the instant application, Ryzman seeks, pursuant to Rule 65(b) of the [20] Federal Rules of Civil Procedure and the Uniform Voidable Transactions Act (“UVTA”), [21] Cal. Civ. Code § 3439.07 : (1) “an asset-freeze order to prevent any dispensation of the [22] loan proceeds that were wired to Bank of America” (see Mem. P. & A. (Doc. 12-1) at 6:923 10); and (2) “an order authorizing [expedited] discovery” for the purpose of allowing [24] Ryzman to “issue subpoenas and try to determine any other locations where loan [26] 1 Although Ryzman provided a chambers copy of its application as well as all documents filed in connection therewith, it did not fully comply with this Court’s Standing [27] Orders, in that the numerous exhibits were not “separated by tabbed dividers.” See 1 proceeds were transferred” (see id. at 6:17-18 .); see also, Sanger v. Ahn, No. 18-cv2 07204, 2019 WL 174976 , at *6 (N.D. Cal. Jan. 11, 2019) (granting plaintiffs’ motion for 3 preliminary injunction based on claims arising under UTVA). 4 A temporary restraining order (“TRO”) may not issue in the absence of notice to 5 the defendant unless “specific facts in an affidavit or a verified complaint clearly show that 6 immediate and irreparable injury, loss, or damage will result to the movant before the 7 adverse party can be heard in opposition” or “the movant’s attorney certifies in writing any 8 efforts made to give notice and the reasons why it should not be required.” See Fed. R. 9 Civ. P. 65(b). Here, Ryzman has met the first of the above-referenced exceptions to the 10 notice requirement. (See Decl. of Sheri Kanesaka (Doc. No. 12-9) ¶¶ 4-5.) The Court 11 next turns to the showing made in support of the relief sought. 12 TROs “are governed by the same standard applicable to preliminary injunctions.” 13 See Quiroga v. Chen, 735 F. Supp. 2d 1226, 1228 (D. Nev. 2010). “A preliminary 14 injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Res. 15 Def. Council, Inc., 555 U.S. 7, 24 (2008). “A plaintiff seeking a preliminary injunction 16 must establish that he is likely to succeed on the merits, that he is likely to suffer 17 irreparable harm in the absence of preliminary relief, that the balance of equities tips in 18 his favor, and that an injunction is in the public interest.” Id. at 20 . In light of the factual 19 detail offered in support of the instant motion (see Mem. P. & A. (Doc. No. 12-1) (cross20 referencing declarations)), the Court finds Ryzman has shown a likelihood of success on 21 the merits, a likelihood of irreparable harm absent preliminary relief, the balance of 22 equities tips in favor of Ryzman, and such relief is in the public interest. Consequently, 23 the Court thus finds Ryzman is entitled to a TRO. 24 Next, as to the matter of security, see Fed. R. Civ. P. 65(c), the Court finds no 25 bond is necessary, in that “there is no realistic likelihood of harm” to defendants from the 26 issuance of a TRO. See Jorgensen v. Cassiday, 320 F.3d 906, 919 (9th Cir. 2003) 27 (stating “[t]he district court may dispense with the filing of a bond when it concludes there 1 Lastly, the Court finds Ryzman has demonstrated good cause for expedited 2 discovery (see Doc. 12-1 at 17), namely that Ryzman’s immediate need for the discovery 3 it seeks outweighs any minimal prejudice to defendants. See Rovio Ent. Ltd. v. Royal 4 Plush Toys, Inc., 907 F. Supp. 2d 1086, 1099 (N.D. Cal. 2012) (noting, in Ninth Circuit, 5 “[g]ood cause may be found where the need for expedited discovery, in consideration of 6 the administration of justice, outweighs the prejudice to the responding party”; listing 7 factors for court’s consideration). 8 Accordingly, Ryzman’s application is hereby GRANTED, as follows: 9 1. Defendants are ordered to show cause, on December 5, 2025, at 9:00 a.m., in 10 Courtroom 7, why an order should not be entered granting Ryzman a preliminary 11 injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. 12 2. With respect thereto, the Court sets the following schedule. 13 a. On or before November 26, 2025, Ryzman, to the best of its ability, shall 14 cause to be served on defendants the Complaint and Summons, the ex 15 parte motion with all its supporting papers, and this Order. 16 b. On or before November 26, 2025, Ryzman may file and serve supplemental 17 papers in support of its application for a preliminary injunction. 18 c. No later than December 1, 2025, at 4:00 p.m., defendants shall file and 19 serve any opposition. 20 d. No later than December 3, 2025, at 12:00 noon, Ryzman shall file and 21 serve any reply. 22 3. Pending the December 5, 2025, hearing, defendants, together with their respective 23 agents, servants, employees, and attorneys, as well as all other persons who are in 24 active concert or participation with any of them, are hereby temporarily restrained 25 and enjoined from charging, transferring, moving, using, pledging, or spending any 26 funds from the Bank of America Account or any of the loan proceeds wherever else 27 they may be located or maintained. 1 such that no monies, charges, debits, pledges, and/or transfers may be made to or 2 from this account by any person or entity. 3 5. Ryzman may conduct the expedited discovery requested in its above-discussed 4 motion. 5 6. This Order expires on December 9, 2025. [6] 7 IT IS SO ORDERED. [8] 9 Issued: November 25, 2025, at 1:30 p.m. : MAXINE M. CHESNEY 10 United States District Judge