Guarantee Company of North America USA v. W.D. Wainwright & Sons, Inc. et al

Filing 18

ORDER ON MOTIONS AND PRELIMINARY INJUNCTION ORDER granting plaintiff's 16 MOTION Entry of Consent Preliminary Injunction Order and the unopposed 8 MOTION to Dismiss Claims for Injunctive Relief Without Prejudice; that the defendants W.D. Wai nwright & Sons, Inc., Stephen R. Wainwright and Sheryl B. Wainwright, separately and severally, and others in active concert and participation with them who receive actual notice of this Order, are hereby ENJOINED and RESTRAINED from transferring, se lling, conveying, disposing, mortgaging, liening, assigning or otherwise encumbering (a) any of their real property and (b) any of their personal property having a value in excess of One Thousand Five Hundred Dollars no/100 ($1,500.00), other th an expenses incurred and paid by defendants in the ordinary course of their business, which expenses are not prohibited hereby; that within thirty (30) days of the date of this Order, said defendants, separately and severally, shall submit to the Cou rt and GCNA's counsel a sworn statement itemizing all categories of assets owned or controlled by the defendants; that said defendants shall provide full and complete access of its books and records to GCNA and its designated agents at an appoin ted time mutually agreed to by counsel for the parties; that the relief provided in this Order shall continue in favor of GCNA pending final disposition of this action, but shall be subject to termination upon (a) consent of GCNA, or (b) entry of an order by this Court terminating such preliminary relief upon a showing of cause by said defendants; that Plaintiff's claims for preliminary injunctive relief as to defendants, William J. Wainwright and Tracye Wainwright are hereby dismissed, without prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 11/16/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION G U A R A N T E E COMPANY OF N O R T H AMERICA USA, a corporation, P la in tif f , v. W .D . WAINWRIGHT & SONS, INC., a corporation, et al., D e f e n d a n t. ) ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-1003-MEF

(W O )

O R D E R ON MOTIONS AND PRELIMINARY INJUNCTION ORDER P e n d in g before the Court are Plaintiff's Motion for Entry of Consent Preliminary In ju n c tio n Order (Doc. 16, filed November 13, 2009) and the Unopposed Motion to Dismiss C la im s for Injunctive Relief Without Prejudice (Doc. 8, filed November 13, 2009). Specifically, the Court has been advised that an agreement has been reached whereby d e f e n d a n ts W.D. Wainwright & Sons, Inc., Stephen R. Wainwright and Sheryl B. W a in w rig h t consent to the entry of this Order, and that Plaintiff desires to withdraw its re q u e s t for injunctive relief as to defendants William J. Wainwright and Tracye Wainwright. Based on the above, it is hereby ORDERED that the above motions are GRANTED. It is f u rth e r ORDERED, ADJUDGED, and DECREED as follows: 1. T h a t the defendants W.D. Wainwright & Sons, Inc., Stephen R. Wainwright

a n d Sheryl B. Wainwright, separately and severally, and others in active concert and p a rtic ip a tio n with them who receive actual notice of this Order, are hereby ENJOINED and R E S T R A IN E D from transferring, selling, conveying, disposing, mortgaging, liening,

assigning or otherwise encumbering (a) any of their real property and (b) any of their p e rs o n a l property having a value in excess of One Thousand Five Hundred Dollars no/100 ($ 1 ,5 0 0 .0 0 ), other than expenses incurred and paid by defendants in the ordinary course of th e ir business, which expenses are not prohibited hereby. For purposes of this Order, " e x p e n s e s incurred and paid by defendants in the ordinary course of their business" shall in c lu d e , but not be limited to, expenses incurred by defendants and payments made by d e f e n d a n ts for payroll, payroll taxes, credit union deductions, employee life insurance, e m p lo ye e disability insurance, employee health insurance, worker's compensation insurance, p ro p e rty and casualty insurance, liability insurance, automobile insurance, raw materials, c o m p o n e n t parts, supplies, freight, debt service, vendor billing, utilities, accounting fees and e x p e n s e s , audit fees and expenses, legal fees and expenses, travel, postage and landfill c h a rg e s. 2. S h o u ld said defendants desire to conduct any transaction or transfer otherwise

p ro h ib ite d by this Order, defendants shall provide written notice with respect to any such tra n s f e r or transaction to counsel for plaintiff not less than two (2) business days before the p ro p o s e d transfer or transaction. Said notice shall include the name and address of the p r o p o s e d transferee, a description of the property involved, and a statement of the amount o f consideration to be received by said defendants as a result of the transaction. Plaintiff shall c o m m u n ic a te to defendants any objection to the proposed transaction within two (2) business d a ys of the receipt of the notice. In that most, if not all, of the personal and real items are m o rtg a g e d or pledged to lien holders by appropriate recorded documents if all proceeds are g o in g to recorded lien holders, the Plaintiff shall not unreasonably withhold approval. In the

event of any objection by the plaintiff, defendants shall not conclude the transaction absent f u rth e r orders from this Court. 3. W ith in thirty (30) days of the date of this Order, said defendants, separately and

s e v e ra lly, shall submit to the Court and GCNA's counsel a sworn statement itemizing all c a te g o rie s of assets owned or controlled by the defendants, including any property in which th e defendants may have an equitable, legal or contingent interest and including any property o w n e d by any corporation of which the defendants are principal shareholders. 4. S a id defendants shall provide full and complete access of its books and records

to GCNA and its designated agents at an appointed time mutually agreed to by counsel for th e parties. Said books and records shall be made available for inspection at the offices of W .D . Wainwright & Sons, Inc., at 1060 S. Memorial Drive, Prattville, Alabama 36067. 5. T h e relief provided in this Order shall continue in favor of GCNA pending

f in a l disposition of this action, but shall be subject to termination upon (a) consent of GCNA, o r (b) entry of an order by this Court terminating such preliminary relief upon a showing of c a u s e by said defendants. 6. P la in tif f 's claims for preliminary injunctive relief as to defendants, William J.

W a in w rig h t and Tracye Wainwright are hereby dismissed, without prejudice. DONE this 16th day of November, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE