INDIANAPOLIS FRUIT COMPANY v. HARTLAND FOODS CORP. D/B/A HARTLAND SHOPWORTH et al
| INDIANAPOLIS FRUIT COMPANY |
| STEPHEN HART and HARTLAND FOODS CORP. D/B/A HARTLAND SHOPWORTH |
| 2:2012cv00336 |
| November 13, 2012 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Agriculture Acts |
| 07 U.S.C. ยง 499 Agricultural Commodities Act |
| None |
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Filing
9
ORDER To Show Cause and TEMPORARY RESTRAINING ORDER - Presently before the Court is Plaintiff Indianapolis Fruit Company's ("IFC") Emergency Motion for Temporary Restraining Order. [Dkt. 5 .] The Court ORDERS that Defendants, Hartl and Foods Corp. d/b/ Hartland Shopworth ("Hartland") and Stephen Hart, SHOW CAUSE before this Court on Tuesday, November 20, 2012, at 9:00 a.m., in Courtroom 307, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Stre et, Indianapolis, Indiana, why an order should not be issued pursuant to Federal Rule of Civil Procedure 65 enjoining Mr. Hart and Hartland from paying, withdrawing, transferring, assigning or selling any and all existing assets of the trust creat ed by the Perishable Agricultural Commodities Act, or otherwise disposing of other corporate or personal assets to any creditors, persons or entities, until further order of this Court or until Hartland and Mr. Hart pay IFC the sum of $25,620. 53 by certified or cashier's check, at which time this Order is dissolved. Therefore, the Court ORDERS that, pending the hearing on IFC's Motion for Issuance of a Preliminary Injunction, [dkt. 7 ], and pursuant to Federal Rule of Civil P rocedure 65, Mr. Hart and Hartland are TEMPORARILY RESTRAINED. It is further ORDERED that, pursuant to Rule 65(c), IFC shall post a de minimus bond of $100.00. Given that the hearing on IFC's Motion for Issuance of a Preliminary Injunction is being scheduled on an expedited basis, the Court DENIES IFC's request, made in that motion, to consolidate the trial on the merits with the hearing on IFC's request for a preliminary injunction, [dkt. 7 at 3]. Finally, the Court ORDERS IFC to serve a copy of this Order by overnight mail upon Hartland and Mr. Hart on or before November 15, 2012, at 6:00 p.m. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 11/14/2012. (JKS)
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