Dole Fresh Vegetables Inc v. Affiliated Foods Southwest Inc et al

Filing 10

CONSENT ACCOUNT RELEASE ORDER. Signed by Judge Brian S. Miller on 3/25/09. (bkp)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION DOLE FRESH VEGETABLES, INC., Plaintiff, ) ) ) CIVIL ACTION ) ) Case No. 4:09-CV-00224-BSM ) ) ORDER ) ) ) ) ) ) )

AFFILIATED FOODS SOUTHWEST, INC. and GERALD W. DAVIS, LEX E. MARTINEZ, ALTON W. MILLER, JOHN A. MILLS, III, RONALD O. REHKOPH, CHARLES W. MOORE, JR., and JOHN DOES 1-18, each individually, Defendants.

CONSENT ACCOUNT RELEASE ORDER Upon the joint request of plaintiff, Dole Fresh Vegetables, Inc. ("Plaintiff"), and defendants,
Affiliated Foods Southwest, Inc. (the "Company"), Gerald W. Davis, Lex E. Martinez, Alton W. Miller, John A. Mills, III, Ronald O. Rehkoph, Charles W. Moore, Jr. and John & Jane Does 1-18, each individually, (collectively the "Principals") for the entry of a Consent Account Release Order

as follows: 1. On March 20, 2009, this Honorable Court entered a Temporary Restraining Order (the

"TRO")(D.E. #8) against the defendants, (i) Affiliated Foods Southwest, Inc.; (ii) Gerald W. Davis; (iii) Lex E. Martinez; (iv) Alton W. Miller; (v) John A. Mills, III; (vi) Ronald O. Rehkoph (vii)
Charles W. Moore, Jr. and (viii) John & Jane Does 1-18 (collectively the "Defendants").

2.

On March 23, 2009, BANCORPSOUTH BANK (the "BanCorp") was personally

served with a true and correct copy of the TRO. In compliance therewith, the BanCorp froze any and all accounts it held on behalf of any of the Defendants. 3. On March 23, 2009, U.S. BANK (the "U.S. Bank") was personally served with a true

and correct copy of the TRO. In compliance therewith, U.S. Bank froze any and all accounts it held on behalf of any of the Defendants. 4. On March 23, 2009, REGIONS BANK f/k/a First Commercial Bank (the "Regions

Bank") was personally served with a true and correct copy of the TRO. In compliance therewith, the Regions Bank froze any and all accounts it held on behalf of any of the Defendants.

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5.

On March 25, 2009, the Plaintiff filed its Rule 41 Notice of Voluntary Dismissal

Without Prejudice (the "Dismissal Notice"). The Dismissal Notice dismissed the above captioned civil action as to all Defendants without further notice or order of Court. 6. The Defendants have indicated their consent to the entry of this Consent Account

Release Order and, through such consent, has waived personal service and any objection to the Court's exercise of both personal and subject matter jurisdiction in this matter to allow for the entry of this Order. Based on the foregoing stipulation, IT IS HEREBY ORDERED: Bancorpsouth Bank is hereby authorized and DIRECTED to immediately release any and all funds held on behalf of any of the Defendants identified in paragraph one (#1) of the stipulation above without further notice or order of Court. IT IS HEREBY FURTHER ORDERED as follows: U.S. Bank is hereby authorized and DIRECTED to immediately release any and all funds held on behalf of any of the Defendants identified in paragraph one (#1) of the stipulation above without further notice or order of Court. IT IS HEREBY FURTHER ORDERED as follows: Regions Bank, f/k/a First Commercial Bank, is hereby authorized and DIRECTED to immediately release any and all funds held on behalf of any of the Defendants identified in paragraph one (#1) of the stipulation above without further notice or order of Court.

DATED: in Chambers this 25th day of March, 2009 in Little Rock, Arkansas.

ENTER:

____________________________________ Hon. Brian S. Miller UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF ARKANSAS

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STIPULATED AND AGREED: DOLE FRESH VEGETABLES, INC. AFFILIATED FOODS SOUTHWEST, INC., et al.

By:

One of Its Attorneys

By:

One of Its attorneys

H. William Allen, Esq. Kevin M. Lemley, Esq. ALLEN LAW FIRM, P.C. Ninth Floor 212 Centre Street Little Rock, Arkansas 72201 Tel: [phone] Fax: [phone] Co-Counsel: Michael J. Keaton, Esq. Jason R. Klinowski, Esq. KEATON & ASSOCIATES, P.C. 1278 W. Northwest Highway, Suite 903 Palatine, Illinois 60067 Tel: [phone] Fax: [phone] Counsel for Dole Fresh Vegetables, Inc.

Steven L. Riggs, Esq. DOVER DIXION HORNE, PLLC 425 West Capital Avenue, Suite 3700 Little Rock, Arkansas 72201 Tel: [phone] Fax: [phone] Counsel for the Defendants

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