Dimare Ruskin, Inc. v. M & M Produce Inc et al
Filing
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ORDER granting 3 Motion for TRO. Signed by Judge Vanessa L. Bryant on 03/02/2015. (Lewis, L.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DIMARE RUSKIN, INC.
Plaintiff,
v.
CIVIL ACTION NO.
3:15-CV-00289 (VLB)
M&M PRODUCE INC.; DAVE MAKAS;
STEVEN PORTER;
AND PATRICK J. MILIO
Defendants.
MARCH 2, 2015
TEMPORARY RESTRAINING ORDER
This matter is before the Court upon Plaintiff Dimare Ruskin, Inc.'s
Application for Temporary Restraining Order pursuant to Rule 65 of the
Federal Rules of Civil Procedure. Upon reading the declaration of Linda
Alexander in Support of Plaintiff’s Motion for Temporary Restraining Order,
Motion for Preliminary Injunction executed on February 26, 2015, the
exhibits annexed thereto, and the memorandum of law in support of
plaintiff’s motion, it is hereby
ORDERED, ADJUDGED AND DECREED that the above-named
Defendants show cause before this Court in Courtroom Three, 450 Main
Street, Hartford, Connecticut, on March 12, 2015 at 4:00pm, or as soon
thereafter as counsel may be heard, why an order should not be issued
pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the
Defendants, their customers, agents, officers, subsidiaries, assigns,
banking institutions and related entities, during the pendency of this
action, from alienating, dissipating, paying over or assigning any assets of
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M&M Produce, Inc. or its subsidiaries or related companies, except for
payment to Plaintiffs, until further order of this Court or until Defendants
pay Plaintiff the aggregate amount of $295,330.50 by bank check or wire
transfer, at which time this order is dissolved; and it is further
ORDERED that Defendants, and all other persons or entities holding
assets of and owing to the Defendants, including without limitation, any
customers, agents, officers, subsidiaries, assigns and financial
institutions, shall not transfer, alienate, dissipate, pay over or assign any
assets of M&M Produce, Inc., or any entity which it controls and shall hold
in trust such assets for the benefit of Plaintiff and any similarly situated
creditors, up to the amount of $295,330.50, until further order of this Court;
and it is further
ORDERED that within five (5) days of the date of this order:
a) Defendants shall file with this Court, with a copy to
Plaintiff’s counsel, an accounting which identifies all assets and
liabilities and each account receivable and payable of M&M Produce,
and any entity which it controls or which is under common control,
notarized and signed under penalty of perjury; and
b) Defendants shall supply to Plaintiff’s attorney any and all
documents in connection with its respective assets and liabilities
and those of any entities it controls or which is under common
control, including, but not limited to, the most recent statement for
any and all depository, bank, brokerage, investment or other account
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for the prior four (4) months (November 2014 through February
2015), including cancelled checks, balance sheets, profit/loss
statements, accounts receivable reports, accounts payable reports,
accounts paid records, intercompany loans and other transfers, and
federal and state corporate income tax returns for the most recent
calendar year, together with a certification notarized and signed
under penalty of perjury that said disclosure truly and completely
complies with the letter and spirit of this order; and it is further
ORDERED that Plaintiff shall post security in the amount of $25,000
with the Clerk of the Court within seven (7) days of the date of this order;
and it is further
ORDERED that service of a copy of this order and the papers upon
which it is based, together with the summons and complaint, be made by
personal service upon the Defendants on or before March 4, 2015; and it is
further
ORDERED that answering papers, if any shall be served by
Defendants so as to be received by the Court and counsel for the Plaintiff
by March 10, 2015.
This Temporary Restraining Order is entered this second day of March,
2015, at Hartford, Connecticut.
_________/s/______________
Vanessa L. Bryant,
United States District Judge
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