Textron Financial Corporation v. Childress

Filing 19

CONSENT ORDER extending 6 Temporary Restraining Order issued on May 29, 2009, for a period of 30 days from July 13, 2009. Signed by Judge Susan Webber Wright on 7/9/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TEXTRON FINANCIAL CORPORATION * * Plaintiff, * * * vs. * * * * * ROGER CHILDRESS d/b/a ARKLA SALES * and ROGER CHILDRESS, Individually, * * Defendants. *

No. 5:09cv00149 SWW

CONSENT ORDER The Defendants Roger Childress d/b/a Arkla Sales and Roger Childress, individually, having agreed that the temporary restraining order issued on May 29, 2009, and extended by consent of the parties on June 11, 2009, be further extended for a period of thirty (30) days from July 13, 2009, the date on which the temporary restraining order, as extended, is to expire. The Defendants Roger Childress d/b/a Arkla Sales and Roger Childress, individually, having also agreed to the issuance by the Court of an Order for the Immediate Delivery of the following items of Plaintiff's collateral: Manufacturer Monosem 12 x 2 Akron E180TH Akron E180TH Serial Number 09A756 80214097 80244097

It is ORDERED that the temporary restraining order is hereby extended to and including August 12, 2009, and that the Plaintiff's Motion for a Preliminary Injunction, originally set down

for hearing on June 11, 2009, and rescheduled for hearing on July 13, 2009, is postponed and will be rescheduled before the expiration of the thirty (30) day extension. It is FURTHER ORDERED that Defendants Roger Childress d/b/a Arkla Sales and Roger Childress, individually, upon demand therefor by Plaintiff, immediately deliver unto Plaintiff possession of Plaintiff's collateral described above.

ISSUED this 9th day of July, 2009 at 3:40 p.m. /s/Susan Webber Wright United States District Judge APPROVED AS TO FORM AND CONTENT: By: /s/ Glenn E. Borkowski Glenn E. Borkowski Ark. Bar. No. 97089 Kutak Rock LLP 124 West Capitol Ave. Suite 2000 Little Rock, AR 72201 [phone] [phone] (Facsimile) ATTORNEY FOR PLAINTIFF By /s/ J. Paul Davidson J. Paul Davidson Ark. Bar. No.2006291 Davidson Law Firm, Ltd. P.O. Box 1300 Little Rock, AR 72203 [phone] [phone] (Facsimile) ATTORNEY FOR DEFENDANT

2