Wayfarer Aviation, Inc. v. Halsey McLean Minor Revicabke Tryst U/A/D 11/2/2004, The

Filing 66

ORDER by Judge Maria-Elena James granting 55 Motion to Enforce Judgment (cdnS, COURT STAFF) (Filed on 8/16/2012) (Additional attachment(s) added on 8/16/2012: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WAYFARER AVIATION, INC.,
Plaintiff,

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No. C 10-00165 CRB
[PROPOSED]

v.

CHARGING ORDER

THE HALSEY MCLEAN MINOR
REVOCABLE TRUST U/A/D 11/2/2004,
Defendant.
_______________________________________/

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Upon review of Plaintiff’s Application For Order Charging Defendant/Judgment Debtor’s

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Membership Interests In Limited Liability Companies, and for good cause shown, said Motion is

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hereby granted.

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Pursuant to Cal Code Civ Proc § 708.310, the Court orders that the interest of the defendant

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and judgment debtor, The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, in any of the

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following limited liability companies (“Parties Being Charged”) is hereby charged and shall be

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applied toward satisfaction of the Judgment entered on March 24, 2011, against The Halsey

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McLean Minor Revocable Trust U/A/D 11/2/2004 and in favor of the plaintiff and judgment

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creditor, Wayfarer Aviation, Inc., nka WAI Liquidating Co., Inc. (“Wayfarer”), in the amount of

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$608,619.55 (dckt. no. 38).

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Revocable Trust U/A/D 11/2/2004’s membership interests in:

The charging order shall include The Halsey McLean Minor

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Fox Ridge Farm, LLC
Principal Office:
17182 Fox Ridge Lane
Smithfield, VA 23430

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Fox Ridge Farm, LLC
Registered Agent:
Robyn H. Hansen
Jones, Blechman, Woltz & Kelly
701 Town Center Drive, Suite 800
Newport News, VA 23606

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Fox Ridge Farms Holdings, LLC
Registered Agent:
David H. Pettit
530 E. Main Street
Charlottesville, VA 22902

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Fox Ridge Farms Management, LLC
Principal Office:
530 E. Main Street
Charlottesville, VA 22902
Fox Ridge Farms Management, LLC
Registered Agent:
David H. Pettit
530 E. Main Street
Charlottesville, VA 22902

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Fox Ridge Farms Holdings, LLC
Principal Office:
530 E. Main Street
Charlottesville, VA 22902

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Fox Ridge Investments, LLC
Principal Office:
2787 C S Farm Road
Free Union, VA 22940
Fox Ridge Investments, LLC
Registered Agent:
David H. Pettit
530 E. Main Street
Charlottesville, VA 22902

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Minor Management Services, LLC
Registered Agent:
CT Corporation System

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818 West Seventh Street, 2nd Floor
Los Angeles, CA 90017

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Minor/O’Brien Ventures I, L.L.C.
Principal Office:
580 California Street, Suite 1600
San Francisco, CA 94140
Minor/O’Brien Ventures I, L.L.C.
Registered Agent:
CT Corporation System
818 West Seventh Street, 2nd Floor
Los Angeles, CA 90017

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Minor Stables, LLC
Registered Agent:
David Pettit
530 East Main Street
Charlottesville, VA 22902
Minor Ventures, LLC
Registered Agent:
CT Corporation System
818 West Seventh Street, 2nd Floor
Los Angeles, CA 90017

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Pursuant to Cal Corp Code § 17302(a), the Court specifically charges the assignable

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membership interest of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 in the

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Parties Being Charged to satisfy the Judgment in this case.

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Pursuant to Cal Corp Code § 17302(b), this charging order constitutes a lien on the

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assignable membership interest of The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004

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in the Parties Being Charged. The court may order a foreclosure on the membership interests

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subject to this charging order at any time.

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The Court further orders that no distribution of income of any kind or any kind of income

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being revenue, profits, distributions or proceeds from the sale of the Parties Being Charged

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hereinbefore identified, whether it be real or personal property, fixtures, intangible property,

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income, revenue, profits or proceeds be disbursed to The Halsey McLean Minor Revocable Trust

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U/A/D 11/2/2004, unless and until the Judgment balance, together with interest and costs, is paid to

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Wayfarer.

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The Court further orders that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004

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shall account to Wayfarer upon Wayfarer’s request an accounting of the The Halsey McLean

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Minor Revocable Trust U/A/D 11/2/2004’s interest in the Parties Being Charged, and shall further

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account to Wayfarer for any monies, property, goods and effect due and owing, or to be due and

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owing to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, by virtue of its

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membership interests and/or ownership interests in the Parties Being Charged.

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The Court further orders that The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004

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is restrained from transferring, attempting to transfer, distributing, crediting, alienating, signing,

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giving, pledging, hypothecating or otherwise disposing of any present existing equitable legal

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interest in the membership interests or otherwise in property, real, personal, mixed, tangible or

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intangible wheresoever located to any person or entity in said entities being the Parties Being

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Charged until such a time as Wayfarer’s Judgment, together with interest and costs, has been

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satisfied, and without prior approval of the Court as the result of Wayfarer’s equitable Liens on

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The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004’s interest in the Parties Being

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Charged.

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The Court further orders that in the event any distribution is to be made by the Parties

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Being Charged to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, as the result of

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The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004 ’s membership interest in the Parties

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Being Charged, that said distribution be made to Wayfarer, as Wayfarer has been granted a

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Charging Order against The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004’s

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membership interests in the Parties Being Charged.

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IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that The Halsey McLean

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Minor Revocable Trust U/A/D 11/2/2004’s membership interest in the Parties Being Charged is

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charged with Wayfarer’s Judgment in the amount of $608,619.55, and that in the event any

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distribution is made by Parties Being Charged to The Halsey McLean Minor Revocable Trust

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U/A/D 11/2/2004, that said distribution be made to Wayfarer subject Wayfarer’s Charging Order,

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and that the Parties Being Charged are hereby restrained from making any distributions of any kind

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whatsoever to The Halsey McLean Minor Revocable Trust U/A/D 11/2/2004, until such a time as

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Wayfarer’s Judgment, together with interest and costs, has been paid and satisfied.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that The Halsey McLean

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Minor Revocable Trust U/A/D 11/2/2004, is enjoined from receiving any distribution of any kind

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whatsoever from the Parties Being Charged until such a time as Wayfarer’s Judgment, together

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with interest and costs, has been paid, and that any further distribution to be made by the Parties

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Being Charged, which would otherwise belong to The Halsey McLean Minor Revocable Trust

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U/A/D 11/2/2004, that said distribution be made to Wayfarer until such a time as Wayfarer’s

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Judgment, together with interest and costs, has been paid and satisfied.
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IT IS SO ORDERED.

_______________________________
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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ames
-Elena J

NO

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Judge M

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Dated: August 16, 2012

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