Atlas Biologicals, Inc. v. Kutrubes et al

Filing 147

WRIT OF ATTACHMENT. By Judge Christine M. Arguello on 04/24/2018. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00355-CMA-KMT
ATLAS BIOLOGICALS, INC.,
Plaintiff,
v.
THOMAS JAMES KUTRUBES, an individual,
PEAK SERUM, INC., a Colorado corporation, and
PEAK SERUM, LLC., a dissolved Colorado limited liability company,
Defendant(s).

WRIT OF ATTACHMENT
Whereas, Plaintiff’s First Amended Complaint has been filed in the above-entitled
action (Doc. # 101), and this matter has proceeded to trial before this Court, but final
judgment has not yet been issued;
Whereas said action was brought to recover from Defendants a monetary
judgment by reason of damages incurred from breach of contract, express or implied, or
tort committed against the person or property of a resident of this state; and the
necessary affidavit and undertaking herein having been filed as required by law;
Whereas, the court held a hearing on this matter on April 19, 2018, and
Defendants were present in open court, had the opportunity to be heard in opposition to

issuance of this writ, and presented their traverse of the affidavit and opposition to the
issuance of this writ, see (Doc. # 146);
Whereas, it appears from the First Amended Complaint (Doc. # 101), the
Emergency ex parte Motion for Pre-Judgment Attachment and for Temporary
Restraining Order and Injunction Against Further Conveyances of Assets by Defendants
(Doc. # 142), the affidavit and exhibits filed in support thereof, and the testimony and
evidence received from the parties at a hearing on April 19, 2018, that there is a
reasonable probability that one or more of the causes of attachment contained in
Colorado Rule of Civil Procedure 102(c) exists;
Whereas, the Court has found that whatever Atlas Biologicals, Inc. stock that
Defendant Thomas James Kutrubes owns is subject to attachment under Colo. R. Civ.
P. 102; and
Whereas, Plaintiff has furnished to the Court a sufficient bond under Colo. R. Civ.
P. 102(d);
NOW, THIS HONORABLE COURT DOES THEREFORE COMMAND YOU, THE
SHERIFF OF LARIMER COUNTY, STATE OF COLORADO, that you serve a copy
thereof on the above-named Defendant Thomas James Kutrubes, if he be found in your
County, and also attach and safely keep any stock of Atlas Biologicals, Inc. owned by
Defendant Thomas James Kutrubes which may be found within the County of Larimer,
State of Colorado.

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DATED: April 24, 2018

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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