Old Republic National Title Insurance Company v. Greene County Abstract & Title Company LLC et al

Filing 48

ORDER MODIFYING PRELIMINARY INJUNCTION 10 ; granting 46 Joint MOTION to Amend 10 Preliminary Injunction. It is therefore ordered that the Preliminary Injunction is hereby modified to permit the Defendant, Greene County Abstract & Title Company, LLC., to sell the assets named herein to Clay County Abstract & Title Insurance, Inc. & upon such sale to pay the sale proceeds to Planters & Merchants Bank of Gillett, Arkansas. The officers & members of Greene County Abstract & Title Company, LLC. are hereby permitted to execute, acknowledge & endorse all documents to effect such transfer. Signed by Judge Brian S. Miller on 11/12/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY VS. CASE NO. 3:09-CV-00102-BSM PLAINTIFF

GREENE COUNTY ABSTRACT & TITLE COMPANY, LLC MARY WILLIAMS, individually, BLAKE WILLIAMS, individually, BLAMAR INVESTMENTS, LLC, WILLIAMS IRRIGATION SERVICES, LLC, and PRECISION TITLE SERVICES, LLC ORDER MODIFYING PRELIMINARY INJUNCTION

DEFENDANTS

The joint motion of the parties, plaintiff and all defendants, coming before the Court upon appearance, stipulation and consent of all parties through their attorneys of record, requesting the modification of the preliminary injunction entered herein on July 17, 2009, as evidenced by signatures affixed hereto, said motion should be granted. It is therefore ordered that the preliminary injunction entered herein on July 17, 2009, is hereby modified to permit the defendant, Greene County Abstract & Title Company, LLC, to sell its assets more particularly described as follows to Clay County Abstract and Title Insurance, Inc. and upon such sale to pay the sale proceeds to Planters and Merchants Bank of Gillett, Arkansas, such assets described as: All of the rights and assets of the Transferor [Greene County], tangible or intangible, which are used in or relate to the land title business of Transferor [Greene County] located and operated at Greene County, Arkansas (the "business"), including but not limited to the following: the goodwill associated with the business; trade name; office equipment and office supplies; furniture and furnishings; telephone and other communication systems; phone numbers; customer records; operations manuals; papers and records pertaining to its business; books and files (paper and on-line) including all title insurance files; disks; tapes; hard drives; conference table and chairs; desks; office chairs; filing cabinets; computers with servers, processors, keyboards, monitors and printers; computer software and passwords; typewriters; contents of vault; contents of storage room; all books, records and indices making up the title plant and Craighead County records;

and, that the officers and members of Greene County Abstract & Title Company, LLC are hereby permitted to execute, acknowledge and endorse all documents to effect such transfer. IT IS SO ORDERED. _________________________________________ BRIAN S. MILLER, UNITED STATES DISTRICT JUDGE November 12, 2009 __________________________ DATE Approved: GREENE COUNTY ABSTRACT AND TITLE COMPANY, LLC; PRECISION TITLE SERVICES, LLC; and MARY WILLIAMS, DEFENDANTS BY:________________________________________ DON A. EILBOTT BLAKE WILLIAMS; BLAMAR INVESTMENTS, LLC; and WILLIAMS IRRIGATION SERVICES, LLC, DEFENDANTS BY:_________________________________________ GARY J. BARRETT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, PLAINTIFF BY:__________________________________________ MONTE D. ESTES

P&M/GreeneCounty/OrderModifying