SunSouth Capital, Inc. v. Harding Enterprises, LLC et al

Plaintiff: SunSouth Capital, Inc.
Defendant: Harding Enterprises, LLC and Greggory A. Harding
Case Number: 1:2015cv00823
Filed: November 3, 2015
Court: Alabama Middle District Court
Office: Dothan Office
County: Houston
Referring Judge: Charles S. Coody
Presiding Judge: William Keith Watkins
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 8, 2015 16 Opinion or Order of the Court AGREED ORDER OF SEIZURE OF PROPERTY BY SUNSOUTH CAPITAL, INC. AND FOR PRELIMINARY INJUNCTION PRESERVING STATUS QUO: it is ORDERED that Plf's 1 motion for a preliminary injunction is GRANTED in accordance with the parties' agreed-upon term s and that SunSouth is permitted to repossess the Equipment upon 24 hours notice to Harding; it is ORDERED that Harding Enterprises, LLC, Greggory A. Harding and their officers, agents, servants, employees, and attorneys-as well as all persons who ar e in active concert or participation with them-are preliminarily enjoined and ORDERED to cease using the Equipment and to store the Equipment at the Equipment's present location(s). Such persons are further RESTRAINED and ENJOINED from intention ally damaging the Equipment, and from switching or removing tires and other accessories or attachments, except for ordinary, necessary repairs, or to make the Equipment moveable or transportable; it is further ORDERED that Harding is entitled to main tain physical possession of the Equipment and shall not use the same without the written consent of SunSouth; it is further ORDERED that should SunSouth desire to take physical possession of the Equipment, it will provide Harding with 24 hours notice and Harding shall allow SunSouth and/or its agents and representatives to take physical possession of the Equipment at that time and at its present location(s); it is further ORDERED that this preliminary injunction shall remain in effect until furt her order of the court and shall be secured by the existing bond. The parties are instructed to file a joint status report on or before 1/8/2016, advising the court of the status of the settlement discussions. Signed by Chief Judge William Keith Watkins on 12/8/2015. (wcl, )
November 5, 2015 4 Opinion or Order of the Court TEMPORARY RESTRAINING ORDER construing 1 Complaint to contain motions for a temporary restraining order and for a preliminary injunction: it is ORDERED as follows: (1) Plf's 1 motion for a temporary restraining order is GRANTED; (2) Harding Enterprises, LLC, Greggory A. Harding and their officers, agents, servants, employees, and attorneys-as well as all persons who are in active concert or participation with them-are ORDERED to cease using all equipment that is subject to the equipment leases at issue, to assemble and store the equipment at the equipment's present location(s), and to surrender the same to SunSouth. They are further RESTRAINED and ENJOINED from intentionally damaging the equipment, and from switching or removi ng tires and other accessories or attachments, except for ordinary, necessary repairs, or to make the equipment moveable or transportable; (3) Within forty-eight hours of receipt of service of this Order, Dfts shall notify Plf in writing or by electr onic means of the specific location of every piece of equipment listed in the equipment schedules, including the joystick controls for the 2011 Haybuster Model 2564 and like accessories for the other equipment; (4) It is further ORDERED that on or be fore 11/9/2015, Plf shall execute and file a signature bond suitable to the Clerk of the Court in the amount of $25,000. If a bond is not filed on or before 11/9/2015, the injunction will dissolve by operation of law; (5) An on-the-record eviden tiary hearing to determine whether to convert this temporary restraining order into a preliminary injunction is set for 11/18/2015, at 9:00 AM, in courtroom 2-B, Frank M. Johnson, Jr. U.S. Courthouse, One Church Street, Montgomery, Alabama; (6) Dfts are DIRECTED to file a response to Plf's motion for a preliminary injunction on or before 5:00 PM, 11/10/2015; (7) Plf may file a reply to Dfts' response on or before 5:00 PM, 11/13/2015; (8) Plf is DIRECTED to serve Dfts and their counsel with a copy of this Order. Signed by Chief Judge William Keith Watkins on 11/5/2015. (furn: calendar, ar, Finance) (wcl, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Alabama Middle District Court's Electronic Court Filings (ECF) System

Search for this case: SunSouth Capital, Inc. v. Harding Enterprises, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: SunSouth Capital, Inc.
Represented By: David Bruce Anderson
Represented By: Deanna Lee Weidner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Harding Enterprises, LLC
Represented By: Matthew David Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Greggory A. Harding
Represented By: Matthew David Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?