SunSouth Capital, Inc. v. Harding Enterprises, LLC et al
SunSouth Capital, Inc. |
Harding Enterprises, LLC and Greggory A. Harding |
1:2015cv00823 |
November 3, 2015 |
US District Court for the Middle District of Alabama |
Dothan Office |
Houston |
Charles S. Coody |
William Keith Watkins |
Other Contract |
28 U.S.C. ยง 1332 |
None |
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Filing 16 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, ) |
Filing 4 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, ) |
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