Amegy Bank Nat'l Ass'n v. Monarch Flight II, LLC

Lee H. Rosenthal

After this court entered a temporary injunction, William B. Johnson filed an Emergency Request for Clarification, (Docket Entry No. 79), and a supplement to the request, (Docket Entry No. 81). Amegy responded to the request for clarification, (Docket Entry No. 82), and moved to hold Johnson in contempt for failing to comply with the temporary injunction, (Docket Entry No. 86). Based on a review of the motion and response, the record, and the applicable law, this court grants in part the request for clarification. The Amended Temporary Injunction attached to this order as Exhibit A supersedes and replaces the temporary injunction that was previously entered. The court further clarifies that the fact that the temporary injunction set a date for any trial did not rule on Johnson's pending motion to compel arbitration, which is not yet fully briefed. Rather, the trial setting is conditioned on the court denying the pending motion. Amegy's motion for contempt is denied, without prejudice to reurging if Johnson has not complied by January 16, 2011.

SIGNED on January 3, 2012, at Houston, Texas.

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Lee H. Rosenthal

United States District Judge