Bridgewater File 2

Case: 61CI1:19-cv-00272-a Document #: 15 Filed: 11/27/2019 Page 1 of 5

IN THE CIRCUIT COURT OF RANKIN COUNTY, MISSISSIPPI
BRIDGEWATER OWNER’S PLAINTIFF

ASSOCIATION, INC., A MISSISSIPPI
NON-PROFIT CORPORATION
V. CAUSE NO. 19-272
RIDGWAY, LANE & ASSOCIATES, INC.,

DAVID L. LANE, DAVID W. LANE AND JOHN DOE
DEFENDANTS NOS. 1 THROUGH 5 DEFENDANTS
MOTION OF PLAINTIFF BRIDGEWATER OWNER’S ASSOCIATION, INC.

FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND
PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF
Pursuant to Miss. R. Civ. P. 65, Plaintiff Bridgewater Owner’s Association, Inc. (“BOA”)
respectfully moves the Court for entry of an order granting temporary, preliminary and,
ultimately, permanent injunctive relief against Defendants herein. In support hereof, BOA states
as follows:
1. BOA filed suit against the Defendants claiming, among other things, conversion
of funds from BOA bank accounts at Community Bank that were held in trust for the benefit of
BOA and intended for use in paying operating expenses and funding capital improvements for
BOA. (See Ex. 1, Affidavit of Cindy Dunbar Verifying Complaint and Ex. 1-A, Complaint.)
2. BOA incorporates herein each of the allegations of its Complaint. (Ex. 1-A).
Temporary Restraining Order and Relief Sought
3. BOA hereby seeks entry of a temporary restraining order under Rule 65(b) and
ultimately preliminary and permanent relief freezing bank accounts and assets of Ridgway, Lane
& Associates, Inc., David L. Lane and David W. Lane, including accounts that are owned and
maintained by them or any of them at Community Bank and at any other financial institution (the
“Accounts”) and real and personal property of Ridgway, Lane & Associates, Inc., David L. Lane
and David W. Lane (“Assets”).
4. BOA specifically asks the Court to restrain, prohibit and preclude movement or
transfer of any Accounts or Assets by Ridgway, Lane & Associates, Inc. and any of its
principals, owners, employees or other related persons or entities pending further order of this
Court, including without limitation David L. Lane and David W. Lane.
5. If movement or transfer of the Accounts and Assets is not restrained, BOA will
suffer irreparable injury in the loss of limited funds necessary to address the loss alleged in
BOA’s Complaint and such loss will have occurred before Defendants can be heard in
opposition.
6. BOA further asks that the Court order Defendants to each immediately identify all
bank accounts in which they hold an interest (including banking institution, account type and
account number) and provide same to counsel for BOA.
7. BOA further asks that the Court order Defendants to each immediately identify
and preserve all fidelity bonds, insurance policies and other insurance instruments that may be
responsive to the losses alleged in the BOA complaint and immediately provide such information
to BOA and its counsel.
8. BOA further asks that the Court order Defendants to preserve all of their financial
records and business records relating to the operation of Ridgway Lane & Associates, Inc. and
not destroy same.
BOA Is Entitled to a TRO and Injunctive Relief
9. Entry of a temporary order is thus necessary to prevent further loss that would
otherwise be likely and inevitable.
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10. There exists a substantial likelihood that BOA will prevail on the merits of its
Complaint.
11. At least one other homeowners’ association has filed suit alleging the same
wrongdoing and seeking similar relief. (See Bridgewater II Owners Assn., Inc. v. Ridgway Lane
& Associates, Inc. et al.; Civil Action No. 1:19 cv 276-SSR).
12. Other neighborhood associations reportedly have suffered similar loss according
to published reports. See Jackson Jambalaya, “Palisades Plundered” (Nov. 10, 2019) and “Now
Dinsmor HOA Discovers ‘Irregularities’” (Nov. 8, 2019).
13. The threatened injury to BOA in the absence of the relief requested far outweighs
any inconvenience or claimed harm to Defendants that could occur as a result of the granting
relief as requested.
14. Entry of an order granting the relief sought herein is clearly in the public interest.
15. Due to the sensitivity of this matter and the urgency required to protect BOA and
its membership, notice should not be required, but BOA’s undersigned counsel hereby certifies
that he is providing notice of these proceedings and the relief requested to a functioning email
address for David L. Lane, the registered agent for Defendant Ridgway, Lane & Associates, Inc.,
and if advised Defendants are represented by counsel, will notify such counsel in advance of the
hearing hereon.
16. Under the circumstances, the Court has discretion to grant the relief requested and
to act immediately to protect the interests of BOA and its membership and others who may have
been harmed. In the Matter of the Conservatorship of the Estate of Mary Elizabeth Brewer
Jackson, 203 So. 3d 4 (Miss. Ct. App. 2016); Animale Grp., Inc. v. Sunny’s Perfume, Inc., 256 F.
App’x 707 (5th Cir. 2007).
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Preliminary and Permanent Injunctive Relief
17. BOA incorporates herein its foregoing allegations and requests for relief.
18. BOA asks that upon the granting of temporary relief as sought herein, that the
Court, after notice to Defendants, set this matter for a preliminary injunction hearing as soon as
practicable and grant BOA preliminary injunctive relief on the same terms and ultimately
permanent injunctive relief on the same terms until the merits of this case are resolved.
19. If movement or transfer of the Accounts and Assets is not restrained, BOA will
suffer irreparable injury in the loss of limited funds necessary to address the loss alleged in
BOA’s Complaint and such loss will have occurred before Defendants can be heard in
opposition.
20. BOA seeks any other relief to which it may be entitled under the circumstances.
21. BOA reserves all of its rights as asserted in its Complaint for additional relief.
Wherefore, BOA asks the Court to enter a temporary restraining order, and ultimately a
preliminary and permanent injunction under Rule 65:
a. Freezing bank accounts and assets of Ridgway, Lane & Associates, Inc.,
David L. Lane and David W. Lane, including accounts that are owned and maintained by
them or any of them at Community Bank and at any other financial institution (the
“Accounts”) and real and personal property of Ridgway, Lane & Associates, Inc., David
L. Lane and David W. Lane (“Assets”).
b. Restraining, prohibiting and precluding movement or transfer of any
Accounts or Assets by Ridgway, Lane & Associates, Inc. and any of its principals,
owners, employees or other related persons or entities pending further order of this Court,
including without limitation David L. Lane and David W. Lane.
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c. Ordering Defendants to each immediately identify all bank accounts in
which they hold an interest (including banking institution, account type and account
number) and provide same to counsel for BOA.
d. Ordering Defendants to each immediately identify and preserve all fidelity
bonds, insurance policies and other insurance instruments that may be responsive to the
losses alleged in the BOA complaint and immediately provide such information to BOA
and its counsel.
e. Ordering Defendants to preserve all of their financial records and business
records relating to the operation of Ridgway Lane & Associates, Inc. and not destroy
same.
f. Granting BOA any related relief to which it may be entitled under the
circumstances.
Dated: November 11, 2019.
Respectfully submitted,
BRIDGEWATER OWNER’S ASSOCIATION,

INC.
By:s/Roy H. Liddell
Roy H. Liddell (MB # 1252)
Its Attorney
OF COUNSEL:
WELLS MARBLE & HURST, PLLC

300 Concourse Blvd., Suite 200
Ridgeland, MS 39157
P. O. Box 131
Jackson, MS 39205-0131
Telephone: 601-605-6900
Facsimile: 601-605-6901
E-mail: rliddell@wellsmarble.com
271926
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Case: 61CI1:19-cv-00272-a Document #: 9-2 Filed: 11/11/2019 Page 1 of 5
EXHIBIT 2

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Case: 61CI1:19-cv-00272-a Document #: 15 Filed: 11/27/2019 Page 1 of 5

Case: 61CI1:19-cv-00272-a Document #: 15 Filed: 11/27/2019 Page 2 of 5

IN THE CIRCUIT COURT OF RANKIN COUNTY, MISSISSIPPI

BRIDGEWATER OWNER’S PLAINTIFF

V. CAUSE NO. 19-272

RIDGWAY, LANE & ASSOCIATES, INC.,

MOTION OF PLAINTIFF BRIDGEWATER OWNER’S ASSOCIATION, INC.

Temporary Restraining Order and Relief Sought

and David W. Lane (“Assets”).

Court, including without limitation David L. Lane and David W. Lane.

account number) and provide same to counsel for BOA.

to BOA and its counsel.

not destroy same.

BOA Is Entitled to a TRO and Injunctive Relief

otherwise be likely and inevitable.

& Associates, Inc. et al.; Civil Action No. 1:19 cv 276-SSR).

Dinsmor HOA Discovers ‘Irregularities’” (Nov. 8, 2019).

App’x 707 (5th Cir. 2007).

Preliminary and Permanent Injunctive Relief

preliminary and permanent injunction under Rule 65:

L. Lane and David W. Lane (“Assets”).

b. Restraining, prohibiting and precluding movement or transfer of any

including without limitation David L. Lane and David W. Lane.

c. Ordering Defendants to each immediately identify all bank accounts in

number) and provide same to counsel for BOA.

d. Ordering Defendants to each immediately identify and preserve all fidelity

and its counsel.

e. Ordering Defendants to preserve all of their financial records and business

Dated: November 11, 2019.

BRIDGEWATER OWNER’S ASSOCIATION,

WELLS MARBLE & HURST, PLLC

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