Case: 61CH1:23-cv-01934 Document #:1 Filed: 12/15/2023 Page 1 of 5 IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI cause No_22=19.3Y - M"\ IVANA WILLIAMS. DEFENDANT y RULE 65 PETITION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT RESTRAINING ORDER COMES NOW, Plintitt, MMMM] od, pursuant to Rule 65 and 81 of the Mississippi Rules of Civil Procedure, and files this Petition for Temporaty Restraining Order, Preliminary Injunction and Permeant Restraining Order against Ivana Williams, and requests this Honorable Court set the Petition for expedited hearing, with notice to Defendant Ivana Williams and grant the relief requested hercin and then to set the matter for a hearing on a preliminary injunction and, later, a final hearing and in support thereof would state as follows: PARTIES 1 Pinte IE cccinafes sometimes referred co an is adult resident citizen of Rankin County, Mississippi. 2. Defendant, Ivana Williams, is an adult resident citizen of Rankin County, Mississippi who can be served with process of this Court at her residence address of ; Brandon, Mississippi or wherever she may be found. JURISDICTION 3. This Court has jurisdiction over the parties and subject matter herein and venue is roper before this Court. FACTS 4. Sometime in November 2022, Ivanna Williams anqfIIMIMMhad dinner and drinks. [HIB been friends and business associates with Ivanna Williams for quite some time, During dinner | consumed several alcoholic beverages and became intoxicated.Case: 61CH1:23-cv-01934 Document #:1 Filed: 12/15/2023 Page 2 of 5 5. After dinner, Ivanna invited J back to her home in Rankin County, Mississippi to hangout, Much ofthe rest of chat evening is ablut, However, IM suspected something sexual had occurred when she woke up the next morning in her bed without any clothes on. While HH 2c 20 real recollection of the exact events that took place, she did have faint memosies of a sexual encounter between herself and Ivanna. While questioning Ivanna about what happened the night before, it was revealed td tha: Ivana hed recorded the encounter with her phone vicho of eowiedge of consent 6, Becmanded shat tvanna destroy she video taken with oof consent and informed her that under no circumstances was that video to ever be transmitted to anyone, Ivanna informed MMEMFhat she nothing to worry about, 7, PBB rexcd nothing cise about the video until May 2023 when Ivanna Williams informed IIE char the wiz of Ivanna’s boyftiend at the time had discovered the video on het husband’s phone or in his email. During that conversation, Ivanna Williams informe for the first time that Ivanma had transmitted the video to her boyfriend. During that same conversation it was revealed by Ivanna Williams that at least one other individual also had possession of che video, 8. Over the next couple of months I ezrned that the video had actually been transmitted many times and many people either had possession of the video or had seen it. || hhas also learned that Ivana Williams was and is still sharing the video. 9 a: filed complaints with the Mississippi Attorney General's office as well as local authorities, but as of the date of the filing of this Petition is unaware of the status of any investigationsCase: 61CH1:23-cv-01934 Document #:1 Filed: 12/15/2023 Page 30f 5 10. BBs sutterod extreme humiliation, embarrassment and iceparable harm has been done and is continuing to be done to [IM personal anc business repuration by Ivanna Williams distributing and/or sharing the subject video. 11, Plaintiff realleges and incorporates all previous paragraphs as if fully set forth herein 12. Mississippi Rule Civil Procedure 65 sets out the procedure for temporaty restraining orders. “A [TRO] may be issued where ‘immediate and irreparable injury, loss, or damage will result to the applicant’ before such time as a hearing on the matter can be held” Lauderdale DeSoto County ex rel Bd. Of Supenisors, 196 $0.34 1091 (Miss. App. 2016)(citing A-1 Pallet Co. ». City of Jackson, 40 So.3A 563, 567 (Miss. 2010). 13. If Ivanna Williams is not restrained and/or enjoined from continuing to disseminate and/or share the subject video, Petitioner will continue to suffer ineparable and immediate harm, injury, loss and/or damages 14, “The purpose of a preliminary injunction is to provide injunctive relief until the metits of the case are resolved.” Miss. R. Civ. P. 65 Advisory Committee Notes. Hl: seeking a TRO and preliminary injunction to provide injunctive relief until the merits of her claims can be decided in court. Motions for preliminary injunctions are within the trial cour’s discretion, See City of Dumant Hlumpbreys County Men'l Hosp., 587 So.2d 244,250 (Miss. 1991). 15. In seeking preliminary injunctive relief, the moving party must show that “there exists a substantial likelihood that the movant will prevail on the merits; (i) the injunction is necessary to Prevent irreparable hatm; (fi) the threatened injury to the movant outweighs the harm an injunction might do to the opposing perty; and (i) granting a preliminary injunction is consistent with the publicCase: 61CH1:23-cv-01934 Document #:1 Filed: 12/15/2023 Page 4 of 5 interest” Miss. R. Civ. P. 65 Advisory Commitice Notes (quoting Litton ». McAdams, 60 $0.34 169, 171 (Miss. 2011). Clearly, based on the facts as stated hercin, Petitioner can casily mect this burden. 16. Accordingly, Petitioner requests that a heating for Temporary Restriining Order and Preliminaty Injunction be scheduled on an expedited basis and chat the relief requested herein be {granted to prevent further irreparable harm to the Petitioner. WHEREFORE, PREMISES CONSIDERED, Petitioner hereby requests that the Court grant 4 restraining order and preliminary injunction, waiving any requirement of a security ot bond, and pursuant to Rule 65 of the Mississippi Rules of Civil Procedure, temporarily restrain and/or enjoin Ivanna Williams, and all agents or persons in active concert or participation therewith ftom disseminating, sharing, ot otherwise transmitting the subject video in any form or manner as well as all permanent relief requested herein or any other eelief she may be eatiled in the premises. THIS the 15" day of December 2023 Respectfully submitted, LAW OFFICE OF MICHAEL MOORE, PLLC 20 Northtown Drive Jackson, MS 39211 Telephone:(601) 706-2875 [email protected] /s/Jobn G. Holaday John G. Holaday, MSB#9814 Holaday Law Fim, PLLC 586 Lakeland East Drive, Suite C Flowood, MS 39232 Telephone: (601) 414.3574 [email protected]Case: 61CH1:23-cv-01934 Document #:1 Filed: 12/15/2023 Page Sof 5 ATTESTATION STATE OF MISSISSIPPI COUNTY OF HINDS PERSONALLY appeared igned authority in and for the aforesaid County and State, che within =i acknowledged to me that she execated the above and foregoing Complaint with the full authosity to do so and states that the foregoing is teue and correct as therein stated to the best of her knowledge and belief. SWORN AND SUBSCRIBED before me this the day of December 2023. NOTARY PUBLICCase: 61CH1:23-cv-01934 Document#:9 Filed: 02/27/2024 Page 1 of 11 IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI Se a v. CAUSE No.23-1954-M IVANA WILLIAMS DEFENDANT DEFENDANT’S ANSWER AND RESPONSE TO THE RULE 65 PETITION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT RESTRAINING ORDER FILED BY PLAINTIFF COMES NOW, Defendant Ivana Williams, and files this Answer and Response to the Petition for Temporary Restraining Ordes, Preliminary Injunction and Permanent Restisining Order filed against Ivana Williams, in support thereof would state as follo PARTIES I resident citizen of Renkin County, Mississippi, RESPONSE: ADMITS AS TO INFORMATION AND BELIEF 2 Defendant, Ivena Williams, is an adult resident citizen of Rankin County, Mississippi ‘who can be served with process of this Court at her residence address i Drive, Brandon, Mississippi or wherever she may be found. RESPONSE: ADMITS JURISDICTION 3. This Court has jurisdiction over the partes and subject matter herein and venve is roper before this Court RESPONSE: ADMITS EACTS 4. Sometime in November 2022, fvanna Wiliams and{Mfed dinner and drinks. FHI 2 been friends and business associates with Ivanna Williams for quite someCase: 61CH1:23-cv-01934 Document#:9 Filed: 02/27/2024 Page 2 of 11 time. During inne e consumed several alcoholic beverages and became intoxicated. RESPONSE: DENIED ‘The Plaintiff and Williams were aot “in business” together; Plaintiff was only a board member of a nonprofit corporation organized by Williams. (Eschibit 1). The Plaintiff and Williams did not spend time alone together in November or December of 2022, On an afternoon in late January or early February of 2023 the Plaintiff invited Williams to join her that evening for drinks at Shucker’s Oyster Bar in, ‘Ridgeland. While Shucker's does serve excellent seafood, itis mostly known for its cocktails, live music scene, and patty atmosphere, Williams declined the Plaintiffs invitation due to the fact that she was employed by the Missi Highway Patrol and was concerned about placing herself in an establishment for the sole purpose of consuming alcohol. Thereafter, the two agreed to have dinner and traveled to Koestler Prime, an upscale restaurant in Ridgeland that is known for its steaks and other fine food. While at Koestler Prime, the women were joined for dinner by two adult males (Adult Male ##1 and Adult Male #2), ‘Thereafter, the four traveled to the iconic Tico’s Restaurant, a second- ‘generation establishment known as a hub for political and business personalities to gather for fine food and drink. Upon leaving Tico’s, the group traveled to Adult Male #1s home in the Belhaven neighborhood of Jackson,Case: 61CH1:23-cv-01934 Document#:9 Filed: 02/27/2024 Page 3 of 11 A short while later [IEBbod Williams were taken to William's home by the two adult males, with Adult Male #1 driving. Williams and Adult Male #2 were in the back seat, where Williams feigned sleeping to dissuade any communication with the othet passengers in the car. [twas at this time that Williams overhearGE ay to Adult Male #1, “If anybody's gonna get .y tonight, is gonna be me.” Ps e220 atconot turoughout the evening, but was not inebriated to the point that her body or cognitive capabilites were limited. 5. After dinner, Ivanna invited ck to her home in Rankia County, Mississippi to hhang out. Much of the rest of tha evening isa blus. However, (I uspected something sexual had occurred when she woke up the next morning in ber bed without any clothes on. Whiff bed no real recollection of the exact events that took plice, she did have faint memories of a sexual encounter between herself and Ivanna. While questioning Ivanns about what happened the night before, it wes sevealed to (Miss: trans had recorded the encounter with her phone wien knowledge or consent, RESPONSE: DENIED When at the home of Wiis, MIM ecame the aggressor for a sexual encounter with Williams, Williams agreed to IIININNNMMppoaches. As the encounter ensued, Williams asked [MMMM f she could video record their encounter using her phone and send the video to Adult Male #3. agteed both that the encounter could be recorded by cell phone and sent to ‘Adult Male #3. Ac that point, Williams got up from ber bed, retrieved her phone, and turned a lamp on for better video quality.Case: 61CH1:23-cv-01934 Documenti#:9 Filed: 02/27/2024 Page 4 of 11 After theis encounter; MMeot up and put on ber clothing and stayed for the entire night. The next morning, SMIMMEMEwatched the video and the pair spent time together on Williams's couch until Williams had to leave for work. 6. MMMM cemanded that Ivanna destroy the video taken without consent and informed her that under no circumstances was that video to ever be transmitted to syone, Ivanna informed IMF t she aothing 1 worry about ‘RESPONSE: DENIED 1 BB bes cothing cise about the video until May 2023 when Ivanna Wiliams informed MMI oat the wite of Ivanne's boyfriend at the time had discovered the video on her husband's phone of in bis email. Dusing that conversation, Tvanna Williams informed [I for the frst time that Ivanns had transmitted the video to het boyfriend. During that same conversation it was revealed by Ivanaa Williams that atleast one other individual azo had possession of the video. RESPONSE: DENIED No parties were ever sent the video in question by Williams, except for ‘Adult Male #3, the party to whom the Plaintiff consented. 8 Over the next couple of months MMMM icamed char the video had actually been transmitted many times and many people ether had possession ofthe video or had seen it PIMs also leaned chat Ivana Wiliams was and is stil shang the video. RESPONSE: DENIED ‘The only person Williams sent the video depicting the consensual sexual encounter between the Plaintiff and Williams to was Adult Male #3, and Williams only sent it to Adult Male #3 once.Case: 61CH1:23-cv-01934 Document #:9 Filed: 02/27/2024 Page 5 of 11 9. IIB ception ise Man! Anorey Geen fir 1s wl wi ns ata Sg Mabaso oe ne sta arte. RESPONSE: On November 14, 2023 ~ approximately one (1) year after the Plaintiff alleges an incident took place ~ a fackson-atea blog named “Jackson Jambalaya” posted that a complaint had been filed with the Mississippi Attomey Generals Office, (See Exhibit 4,) That complaint was fled by the Plaintiff Subsequent to the Plaintif?s complaint to the Attomey General, Williams met with investigators from the Atomey General's Office and submitted her personal cell phone for forensic testing in response to their request, No evidence was found in support of the Plaintiffs claims. ‘Then on November 15, 2023 — one day afer the Jackson Jambalaya post PERE 122 scciser compiains, this time with the Mississippi Highway Paul (See Exhibit 5.) Subsequent to the Plaintiffs complaint to the Mississippi Highway Patrol, Wiliams met dicectly with Public Safety Commissioner Sean Tindall, who asked that she turn over het work phone for forensic testing. Williams complied, and once again no evidence was found to support the Plaintiffs claims. Jn sum, no investigation found that Williaros violated any laws of the State of Mississippi.Case; 61CH1:23-cv-01934 Document#:9 Fil i: 02/27/2024 Page 6 of 12 10. Bos suffered extreme humiliation, embarrassment and irreparable harm has been done and is contiauing to be done Hi- and business repotation by Ivanna Williams distibuting and/or shating the subject video. RESPONSE: DENIED After the encounter that is the subject of this filing the Plaintiff and Williams remained close friends, although they had no further romantic acess iiet IID eines owe, cocousic, ni photographs, and spend time with Williams for months and months. (See Exhibit 6.) The Plaintiff and Williams spent Easter afternoon together with their respective children, and even traveled to Pensacola together. (See Exhibit 7.) (CLAIMS FOR RELIEF COUNT I LIMINARY {CTION/TEMPORARY REST! .ER/PI ML. 12, RESTRAINING ORDER Plaintiff realleges and incorporates all previous paragraphs as ifflly set forth bere. RESPONSE: DENIED Mississippi Rule Civil Procedure 65 sets out the procedure for temporary restraining orders. “A [TRO] may be issued where ‘immediate and ireparable injury, loss, ot damage wil result to the applicant’ before such ime as 2 hearing on the matter can be held” Lauderdale DeSoto County ex rel. Ba. Of Supervisors, 196 So.3d 1091 (Miss. App. 2016)(iting A- 1 Pallet Ca. 1. City of Jackson, 40 So.34 563, 567 (Miss. 2010). RESPONSE: AGREED AS TO THE LANGUAGE STATED HERE WHICH IS LISTED IN MRCP 65.Case: 61CH1:23-cv-01934 Documenti#:9 Filed: 02/27/2024 Page 7 of 11 13, u. However, the complaint does not list any action that gives rise t0 any conditions set fonth in Rule 65 that would allow for a Restraining Onder or Injunction of any type. YE Ivanna Willams is not restrained and/or enjoined from continuing to disseminate and/or share the subject video, Peiiones will continue to suffer ireparable and immediate hhatrn, injury, loss and/or damages. RESPONSE: DENIED No basis exists for any action to be held against the Defendant. However, it is Defendant who Williams has been harmed. Since the Plaintiff fled false complaints with the Mississippi Department of Public Safety, the Attorney General and this Honorable Court, Defendant has been investigated due to these filings, lost standing in the community, suffered mental and emotional anguish, loss of income, and financial damages all related to the actions of the Plaintiff in her ‘ivolous filings. “The purpose of a preliminary injunction is to provide injunctive relief until the mesits of the case are resolved.” Miss. R. Civ. P. 65 Advisory Comminee Note seeking a ‘TRO and preliminary injunction to provide injunctive relief until the merits of her claims can be decided in court, Motions for preliminary injunctions are within the tial coun’s discretion. See City of Durant n Humphreys County Mom'l Harp, 587 So.2d 244, 250 (Mis. 1991) RESPONSE: DENIED (Claims offered by the Paint IMI are mesiess and can be shown by euch based on the Defendant's Responses and at a hearing on the matter if such is to occur,Case: 61CH1:23-cv-01934 Document#:9 Filed: 02/27/2024 Page 8 of 11 15. In seeking preliminary injunctive reef, the moving pary must show that “there exists a substantial likelihood chat the movant will preval on the merits; (i) the injunction is necessary to prevent ireparable harm: (ii) the threatened injury co the movant outweighs the barm an injunction might do to the opposing party; and (iv) granting a preliminary injunction is consisteat with the public interest.” Miss. R. Civ. P. 65 Advisory Committee Notes (quoting Litton . Mc/Adams, 60 So.3d 169, 171 (Miss. 2011), Cleatly, based on the {facts as stated herein, Petidoner can casly mect this butden. RESPONSE: DENIED Plaintiff has not shown nor met any basis for the imposition of any Injunctive Relief to be entered. 16, Accordingly, Petitioner requests that » heating for Temporary Restmining Order and Preliminary Injunction be scheduled on an expedited basis and that the relief requested herein be granted to prevent further imeparable harm to the Petitioner. RESPONSE: DENIED However, if such hearing is to occut, Williams is prepared to present any and all ‘evidence as to that which has been hes Responses to the action filed against her. WHEREFORE, PREMISES CONSIDERED, Petitioner hereby requests that the Court grant a sestraining order and preliminary injunction, waiving any requirement of a security or bond, and pursuant to Rule 65 of the Mississippi Rules of Civil Procedure, temporacly restrain and/or enjoin Ivanna Wills, ‘and all agents of persons in active concert oF pasticipation therewith from disseminating, shating, o corherwise transmitting the subject video in aay form or manner as well es all permanent relief requested herein or any other relief she may be entitled in the premises. RESPONSE: DENIED as to the entirety of the above commencing with “WHEREFORE.”Case: 61CH1:23-cv-01934 Document#:9 Filed: 02/27/2024 Page 9 of 11 NOW HAVING ANSWERED AND RESPONDED, [vam Williams moves to dismiss the instant action and in support thereof would show unto this Honorable Court the following: ‘MOTION TO DISMISS No likelihood exists that Plaintiff will prevail on the merits of this action. The evidence attached to the Defendant's Answer and Response shows that the Plaintiff failed to relay to the Court full and true recapitulation of events Further, no action is necessary to prevent any irreparable harm ro Plaintiff. The Plaintiff waited nearly five months after the complained of incident to raise any alarm, and decided only then to fle ‘complaints with the Artomey General and the Mississippi Department of Public Safety. “There is no threatened injury to the Plaintiff and the institution of an Order will outweigh damage caused to the Defendant herein. “The granting of an injunction will nor serve or be consistent with the public interest. ‘THIS the 27*day of February, 2024. Respectfully submitted, Ivana Wiliams, — TVANA WILLIAMS Counselors for Defendant: UsL Bobby Moake Bobby Mosk Law Offices of Bobby Moak, P.O. Box 242 Bogue Chirto, MS 39629 601-734-2566 Fax: 601-734-2563 Bobbymosk#[email protected] MSB #9915