UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT CINCINNATI 

Chunhong Jia, et al., 

Plaintiffs, 

v. Case No. 1:18cv85 

Gary Chan, et al., Judge Barrett 

Defendants. 

ORDER

This matter is before the Court on Plaintiffs’ Motion for an Ex Parte Temporary 

Restraining Order (“TRO”). (Doc. 2). On February 2, 2018, the Court reviewed Plaintiff’s 

motion and, for good cause shown, granted Plaintiff’s Motion for a TRO. (Doc. 14). The TRO 

was amended on February 14, 2018 (Doc. 21), and has since been extended multiple times (see 

Docs. 27, 30, 39). 

On June 8, 2018, Plaintiffs moved to extend the TRO against defendants Gary Chan, 

Boardwalk Fries Opportunities, L.P., BWF MGMT, LLC, Boardwalk Fries, LLC, Jardin Hill, 

LLC, Archway Partners, LLC, and Clearwater Hospitality Group, LLC. (collectively, 

“Defendants”). The Court reviewed Plaintiff’s oral motion and, for good cause shown, hereby 

GRANTS Plaintiffs’ oral motion to modify the TRO. (See Docs. 2, 21, 27, 30, 39). The Court 

finds that: (1) Plaintiffs will be immediately and irreparably harmed if defendants are not 

enjoined; (2) Plaintiffs have demonstrated a strong likelihood of success on the merits of their 

claims; (3) that all requirements of Fed. R. Civ. P. 65 have been satisfied; and (4) in order to 

prevent irreparable harm, Plaintiffs’ motion should be, and hereby is, GRANTED. 

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It is therefore ORDERED that the following funds, accounts, and assets are FROZEN

and may not be moved, spent, pledged, concealed, hypotheticated, or negotiated: all funds, 

accounts, and other assets (a) in which Defendants, or any of them, have an ownership interest; 

(b) that are held in the name of any of the said Defendants; or, (c) that are held for the benefit of 

any of the said Defendants, including through corporations, trusts, partnerships, agents, 

nominees, friends, or relatives. This includes any bank accounts at General Electric Credit 

Union, PNC Bank, NA, and First Financial Bank, and escrow accounts in Plaintiffs’ names at 

U.S. Bank, NA (collectively, the “Accounts”). 

It is further ORDERED that personal funds, accounts, and assets belonging to Gary 

Chan, individually or jointly with others, are FROZEN and may not be moved, spent, pledged, 

concealed, hypothecated, or negotiated. Despite this asset freeze, Gary Chan is permitted to 

spend no more than $5,000 per month on necessary living expenses. Gary Chan is also permitted 

to spend funds to retain bankruptcy counsel, and must notify the Court if he files a bankruptcy 

petition. 

It is further ORDERED that Defendants, and their officers, agents, servants, employees, 

attorneys, depositories, banks, and those persons in active concert or participation with any one 

or more of them, and each of them, who receive actual notice of this Order or of the terms of the 

asset freeze provisions contained herein, by personal service, mail, facsimile transmission or 

otherwise, are HEREBY RESTRAINED from directly or indirectly transferring, selling, 

encumbering, receiving, changing, pledging, assigning, liquidating, incurring debt upon (such as 

credit card debt), or otherwise disposing of, or withdrawing, any funds from the Accounts. 

It is further ORDERED that General Electric Credit Union, PNC Bank, NA, First 

Financial Bank, and U.S. Bank, NA, that receive actual notice of this Order or of the terms of the 

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asset freeze provisions contained herein, by personal service, mail facsimile transmission or 

others, shall hold and retain within its control and prohibit the withdrawal, removal, transfer, 

disposition, pledge, encumbrance, assignment, set off, sale, liquidation, dissipation, concealment, 

or other disposal of any such funds or assets, and shall notify the Court and counsel for the 

Plaintiffs of the existence, nature, and amount of any such funds or assets. 

It is further ORDERED that Defendant Gary Chan shall identify every bank account, 

escrow account, and investment account he maintains, individually or jointly, and shall notify 

counsel for the Plaintiff of the existence, nature, and the amount of any such funds or assets 

maintained in each account. 

This Order is issued without bond. 

This order shall expire on July 31, 2018, unless extended by the Court. 

It is SO ORDERED. 

____________________________________ 

MICHAEL R. BARRETT 

UNITED STATES DISTRICT JUDGE 

/s/ Michael R. Barrett

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