Custom Dynamics Incorporated v. Schultz

Filing 35

CHARGING ORDER AGAINST THE INTEREST OF MICHAEL SCHULTZ IN EVERYTHING LED HARLEY DAVIDSON, L.L.C. The R&R 34 is accepted. Custom is hereby granted an Order charging the interest of Michael Schultz in Everything LED Harley Davidson, L.L.C. with payme nt of the unsatisfied amount of the Judgment 21 . Everything LED Harley Davidson, L.L.C., and its members and managers therein, are ordered to refrain from paying any monies or profits due to Michael Schultz or his assignees until Custom's Judg ment is satisfied in full. Everything LED Harley Davidson, L.L.C., and its members and managers therein, are directed to pay to Custom any monies or profits due or to become due to Michael Schultz or his assignees. Payments are to be sent to Custom t hrough their counsel of this record. Everything LED Harley Davidson, L.L.C., and its members and managers therein, are further ordered to respond to or answer all inquiries from Custom or its counsel, with regard to the limited liability company and to allow Custom or its counsel complete access to the books and records of the limited liability company. The Court having determined there is no just reason for delay, the Clerk is directed to enter this Order forthwith. Signed by Chief Judge G Murray Snow on 11/19/2019. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Custom Dynamics, LLC,

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No. 18-00011-MC

Petitioner/Judgment Creditor,
v.
Michael Schultz
L.E.D.- Harley,

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d/b/a

Everything

CHARGING ORDER AGAINST THE
INTEREST OF MICHAEL SCHULTZ
IN EVERYTHING LED HARLEY
DAVIDSON, L.L.C.

Respondent/Judgment Debtor.

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Petitioner/Judgment Creditor Custom Dynamics, LLC (“Custom”), pursuant to Fed.

17 R. Civ. P. 69 and A.R.S. § 29–655, filed a petition with the Court (the “Petition”) seeking a
18 Charging Order against the interest of Respondent/Judgment Debtor Michael Schutz, d/b/a
19 Everything L.E.D. – Harley (“Schultz”) in the Arizona limited liability company registered
20 as Everything LED Harley Davidson, L.L.C. (“Everything LED”), of which he is a member.
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The Court issued its Order to Show Cause directing that Schultz and Everything LED

22 appear before the Court on November 13, 2019 at 1:30 PM, before Magistrate Judge Michelle
23 H. Burns, to show cause why the relief requested in the Petition should not be granted, and
24 on Friday, November 1, 2019 at 2:10 PM, the Petition and Order to Show Cause were served
25 on Schultz and Everything LED. (Docs. 28, 30.)
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The Court having considered the Report and Recommendation from Magistrate Judge

27 Burns (Doc. 34).
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IT IS HEREBY ORDERED that the R&R (Doc. 34) is accepted.

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IT IS FURTHER ORDERED as follows:

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Custom is hereby granted an Order charging the interest of Michael Schultz in

4 Everything LED Harley Davidson, L.L.C. with payment of the unsatisfied amount of the
5 Judgment (Doc. 21).
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2.

Everything LED Harley Davidson, L.L.C., and its members and managers

7 therein, are ordered to refrain from paying any monies or profits due to Michael Schultz or
8 his assignees until Custom’s Judgment is satisfied in full.
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3.

Everything LED Harley Davidson, L.L.C., and its members and managers

10 therein, are directed to pay to Custom any monies or profits due or to become due to Michael
11 Schultz or his assignees. Payments are to be sent to Custom through their counsel of this
12 record.
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4.

Everything LED Harley Davidson, L.L.C., and its members and managers

14 therein, are further ordered to respond to or answer all inquiries from Custom or its counsel,
15 with regard to the limited liability company and to allow Custom or its counsel complete
16 access to the books and records of the limited liability company.
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5.

The Court having determined there is no just reason for delay, the Clerk is

18 directed to enter this Order forthwith.
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Dated this 19th day of November, 2019.

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