AES New Creek, LLC v. Exergy Development Group of Idaho, LLC

Filing 75

WRIT OF ATTACHMENT re 74 Stipulation for Issuance of Writ of Attachment and Request for Trial Setting. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
AES NEW CREEK, LLC, a/k/a AES New
Creek Wind, LLC,
Plaintiff/Counterdefendant,

CASE NO: 1:12-cv-433-EJL-REB
WRIT OF ATTACHMENT

vs.
EXERGY DEVELOPMENT GROUP OF
IDAHO, LLC,
Defendant/Counterclaimant.

THE STATE OF IDAHO
COUNTY OF JEROME

)
) ss.
)

TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:
WHEREAS Plaintiff/Counterdefendant AES New Creek, LLC, a/k/a AES New Creek
Wind, LLC (“AES”) commenced the above above-entitled action in the Federal District Court
for the District of Idaho to recover from the Defendant/Counterclaimant Exergy Development
Group of Idaho, LLC (“Exergy”) the sum of $16,687,699.00 and costs of suit; the necessary
application for issuance of a Writ of Attachment, Affidavit, and Undertaking having been filed in
this action, as required by law; and the Court having entered an Order Continuing Temporary
Restraining Order and for Pre-Judgment Writ of Attachment (the “Order”) pursuant to the
Stipulation for Continuation of Temporary Restraining Order, Issuance of Writ of Attachment
and Request for Trial Setting executed by the parties;
IN THE NAME OF THE STATE OF IDAHO, you are, therefore, hereby commanded to:
1.

Attach the bank accounts of Defendant Exergy located within the State of Idaho

(the “Bank Accounts”) pursuant to Idaho Code Section 8-502(c)(3); and

WRIT OF ATTACHMENT - 1

2.

Attach the real property more particularly described as:

Lot 12 in Block 1 of Crossroads Point Business Center PUC Phase 1, Jerome
County, Idaho, as shown on the recorded plat thereof, recorded June 29, 2006 as
Instrument No. 2063855, official records of Jerome County, State of Idaho
along with any other real property in which Exergy has an ownership interest, if found within
your county (collectively, the “Real Property”).
Pursuant to this Writ, during the pendency of this litigation, Exergy shall not dispose of
the contents of the Bank Accounts or transfer or convey the Real Property, collectively referred
to as the “Attached Property.”
Nothing in this Writ shall attempt to circumvent or precede any prior secured creditors
that may have an interest in the Attached Property.
Attached to this Writ is a copy of the written undertaking filed by Plaintiff AES pursuant
to the Court’s Order.

Defendant Exergy has the right to except to the sureties on such

undertaking or to file a written undertaking for the redelivery of such property as may be
attached under this Writ, as provided by Idaho Code Section 8-506C.
You are required to make due and legal service and return of this writ.

DATED: October 20, 2014

_________________________
Edward J. Lodge
United States District Judge

WRIT OF ATTACHMENT - 2