19th Capital Group, LLC et al v. 3 GGGs Truck Lines, Inc. et al

Filing 73

DEFAULT JUDGMENT by Judge Percy Anderson, in the principal amount of $637,972.00, interest in the amount of $0.00, attorneys fees of $16,825.58, costs of $23,307.00 for a total judgment of $678,104.58 Related to: NOTICE OF MOTION AND MOTION for Default Judgment against Defendants (1) 3 GGG's Truck Lines, Inc.; (2) Miguel A. Roque 65 . IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants 3GGG and Miguel A. Roque (collectively "Defendants" ;) shall deliver possession of the Vehicles, identified in the attached Exhibit A, to Plaintiffs forthwith; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pending delivery of the Vehicles to Plaintiffs, Defendants, along with their officers, agents, servants, employees, attorneys, and all other persons acting in concert or participation with them, be and hereby are enjoined, restrained, and prohibited, from: (see document for details). (MD JS-6. Case Terminated) (mrgo)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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19TH CAPITAL GROUP, LLC, et al.

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Plaintiffs,

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v.

No. CV 18-2493 PA (RAOx)
JUDGMENT AND PERMANENT
INJUNCTION

3 GGG’S TRUCK LINES, INC., et al.,
Defendants.

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In accordance with the Court’s July 30, 2018 Order granting the Motion for Default

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Judgment filed by plaintiffs 19th Capital Group, LLC and Celadon Trucking Services, Inc.

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(collectively “Plaintiffs”),

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant

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3 GGG’s Truck Lines, Inc. (“3GGG”) shall pay to Plaintiffs $637,972 in payments in arrears

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and payments remaining on the Lease Agreement; $23,307 in recovery costs; and

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$16,825.58 in attorneys’ fees;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 3GGG shall pay
Plaintiffs postjudgment interest at the interest rate established by 28 U.S.C. § 1961;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ claim
for fraud and deceit is dismissed without prejudice;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants

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3GGG and Miguel A. Roque (collectively “Defendants”) shall deliver possession of the

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Vehicles, identified in the attached Exhibit A, to Plaintiffs forthwith;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pending delivery

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of the Vehicles to Plaintiffs, Defendants, along with their officers, agents, servants,

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employees, attorneys, and all other persons acting in concert or participation with them, be

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and hereby are enjoined, restrained, and prohibited, from

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a.

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current business premises or such other location(s) as Plaintiffs may designate;
b

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Transferring the Vehicles, or any of them to any location other than 3GGG’s

Transporting the Vehicles to non-disclosed locations; across state lines and/or
across international borders;

c.

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Selling; leasing; hypothecating or otherwise purporting to transfer legal rights
in and to the Vehicles, or taking any steps to do so;

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d.

Failing to maintain the Vehicles in a safe and secure location;

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e.

Operating the Vehicles, or any of them, without adequate insurance in place to

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cover damage, theft, or other loss to the Vehicles, or any of them;
f.

Failing to allow Plaintiffs access to the Vehicles for purposes of inspection, at

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a reasonable time and in a reasonable manner, and upon written notice at least

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one week in advance of any such access;

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g.

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Using any of the Vehicles for transportation of hazardous materials or illegal
substances; and

h.

Taking any action that in any manner causes damage to the Vehicles or further
harms the rights of Plaintiffs in and to the Vehicles.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that for each Vehicle

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not recovered by Plaintiffs by November 26, 2018, Plaintiffs are awarded $17,500 against

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Defendants, jointly and severally;
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Judgment is in
Plaintiffs’ favor; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall
have their costs of suit.

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DATED: July 30, 2018
__________________________________
Percy Anderson
United States District Judge

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EXHIBIT A

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UNIT

YEAR

MAKE

1.

248848

2012

Great Dane Dry Van

1GRAP0624CT567488*

2.

250526

2012

Wabash

1JJV532D9CL620235

3.

248712

2012

Great Dane Dry Van

1GRAP0621CT567352

5

4.

249379

2012

Great Dane Dry Van

1GRAP0628CT569454

6

5.

248651

2012

Great Dane Dry Van

1GRAP0627CT567291*

7

6.

249157

2012

Great Dane Dry Van

1GRAP0626CT567797

8

7.

249290

2012

Great Dane Dry Van

1GRAP0624CT567930

8.

249159

2012

Great Dane Dry Van

lGRAP062XCT567799

9.

248755

2012

Great Dane Dry Van

1GRAP0628CT567395

10.

248603

2012

Great Dane Dry Van

lGRAP0627CT567243*

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11.

248592

2012

Great Dane Dry Van

1GRAP0622CT567232*

12

12.

251040

2012

Wabash

Dry Van

1JJV532D7CL620749*

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13.

250448

2012

Wabash

Dry Van

1JJV532D4CL620157

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14.

249441

2012

Great Dane Dry Van

1GRAP0624CT569516

15.

249130

2012

Great Dane Dry Van

1GRAP0628CT567770

16.

249723

2012

Wabash

Dry Van

1JJV532D4CL558047

17.

250534

2012

Wabash

Dry Van

1JJV532D8CL620243

18.

248798

2012

Great Dane Dry Van

1GRAP0620CT567438

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19.

250347

2012

Wabash

1JJV532D3CL558671

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20.

248766

2012

Great Dane Dry Van

1GRAP0629CT567406

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21.

249807

2012

Wabash

Dry Van

1JJV532D4CL558131

22.

250454

2012

Wabash

Dry Van

1JJV532DXCL620163

23.

249246

2012

Wabash

Dry Van

1GRAP0625CT567886

24.

250602

2012

Wabash

Dry Van

1JJV532DXCL620311

25.

250765

2012

Wabash

Dry Van

1JJV532D5CL620474

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4

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10

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17

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MODEL
Dry Van

Dry Van

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* denotes Celadon Vehicles

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VIN #