Western-Southern Life Assurance Company v. Kinney, et al.

Filing 4

TEMPORARY RESTRAINING ORDER directing as follows: (1) Plaintiff Western-Southern Life Assurance Company's motion for a temporary restraining order (doc. no. 2 ) is granted; (2) Defendant Navy Federal Credit Union shall immediately freeze the ac count of defendant Daniel T. Kinney into which he deposited a check from plaintiff Western-Southern Life Assurance Company, dated March 30, 2015, in the amount of $ 122,682.28 ("Annuity Proceeds") and any other account at defendant Nav y Federal Credit Union into which the Annuity Proceeds may have been transferred; (3) Defendant Kinney shall not spend, convey, transfer, negotiate or otherwise dissipate the Annuity Proceeds until further order of this court, regardless of where the funds are currently located; (4) Plaintiff Western-Southern Life Assurance Company shall provide security of $ 250,000.00 by bond or by deposit with the court; Plaintiff Western-Southern Life Assurance Company is to furnish a copy of this order forthwith to defendants Kinney and Navy Federal Credit Union. Signed by Honorable Judge Myron H. Thompson on April 29, 2015 at 8:00a.m.. (scn, ) Modified on 4/29/2015 to notate NEF was furnished to FINANCE also (scn, ).

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

WESTERN-SOUTHERN LIFE
ASSURANCE COMPANY,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
DANIEL T. KINNEY and NAVY
FEDERAL CREDIT UNION,
Defendants.

CIVIL ACTION NO.
3:15cv281-MHT
(WO)

TEMPORARY RESTRAINING ORDER
This matter comes before the court on plaintiff
Western-Southern Life Assurance Company's motion for a
temporary
motion,

restraining
the

order.

supporting

Having

affidavit,

considered
and

the

related

documents, the court holds that the motion should be
granted pursuant to Rule 65 of the Federal Rules of
Civil

Procedure.

For

the

reasons

set

forth

in

Western-Southern's motion, irreparable loss will result
absent the entry of a restraining order to protect the
1

Annuity Proceeds from dissipation. This order is being
issued without notice to avoid delay and minimize the
risk

that

the

Annuity

Proceeds

are

transferred

or

concealed. This order shall be promptly filed in the
clerk's office and entered in the record.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court as follows:
(1) Plaintiff
Company's

Western-Southern

motion

for

a

temporary

Life

Assurance

restraining

order

(doc. no. 2) is granted.
(2)

Defendant

Navy

Federal

Credit

Union

shall

immediately freeze the account of defendant Daniel T.
Kinney into which he deposited a check from plaintiff
Western-Southern
30,

2015,

Proceeds")

in
and

Life

the
any

Assurance

amount

of

other

Company,

dated

$ 122,682.28

account

at

March

("Annuity

defendant

Navy

Federal Credit Union into which the Annuity Proceeds
may have been transferred.

2

(3) Defendant

Kinney

shall

not

spend,

convey,

transfer, negotiate or otherwise dissipate the Annuity
Proceeds until further order of this court, regardless
of where the funds are currently located.
(4) Plaintiff

Western-Southern

Life

Assurance

Company shall provide security of $ 250,000.00 by bond
or by deposit with the court.
Plaintiff Western-Southern Life Assurance Company
is

to

furnish

a

copy

of

this

order

forthwith

to

defendants Kinney and Navy Federal Credit Union.
DONE, this the 29th day of April, 2015, at 8:00
a.m.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE