Ford Motor Credit Company LLC, v. Gilbert Auto Ford, LLC

Filing 12

PRELIMINARY INJUNCTION granting #2 MOTION for Temporary Restraining Order and Preliminary Injunction. A temporary restraining order is issued, but with the requirement that Plaintiff file a bond in the amount of $15,000.00. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)(Emailed to jd and hg in Finance.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

FORD MOTOR CREDIT COMPANY
LLC, a Delaware limited liability
company,

Case No. 2:13-cv-00104-BLW
PRELIMINARY INJUNCTION

Plaintiff,
v.
GILBERT AUTO FORD, LLC, a
Washington limited liability company;
MARK W. GILBERT,
Defendants.

This matter having come on hearing before this Court on the filing of the Verified
Complaint for Claim and Delivery, Application for Temporary Restraining Order and
Preliminary Injunction, and the Affidavit of Todd Casey, against Defendants Gilbert
Auto Ford LLC and Mark W. Gilbert, the Court finding good cause shown based on the

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following determination, and as further explained in detail by the Court at the hearing
conducted on March 8, 2013,
1.

Plaintiff has a substantial likelihood of success on the merits of its claims.

2.

Plaintiff will suffer irreparable harm and loss if Defendant Gilbert Auto

Ford LLC is permitted to continue to sell, dispose of, conceal or use Plaintiff’s
Collateral consisting of new and used motor vehicles, demonstrators, service
vehicles, in-transit vehicles, service parts, equipment, accounts, contract rights,
chattel paper, and general intangibles (“Collateral”) to the Defendants’ own use and
benefit.
3.

Plaintiff has no adequate remedy at law, and the balance of equities tips in

favor of Plaintiff.
4.

Plaintiff will suffer greater injury from the denial of temporary injunctive

relief than Defendant Gilbert Auto Ford LLC will suffer from the granting of such
relief. The granting of this temporary restraining order will further the public
interest.
5.

Plaintiff provided notice to Defendants albeit on a shortened emergency

basis and an Acceptance of Service from Defense counsel has been filed .
NOW THEREFORE IT IS ORDERED that, the Court finding that an Order
should issue pursuant to Rule 65 and Idaho Code § 8-301 against the above-named

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Defendants, the Motion for Temporary Restraining Order and Preliminary Injunction
(Dkt. 2) is GRANTED.
IT IS FURTHER ORDERED:
6.

A temporary restraining order is issued, but with the requirement that

Plaintiff file a bond in the amount of $15,000.00.
7.

Defendant Gilbert Auto Ford LLC and all those acting in concert with it,

its officers, employees, guarantors, principals, agents and representatives, are
enjoined and restrained, either directly or indirectly, until the hearing for
permanent injunction or until further order of this court, from selling, disposing,
concealing, or using Plaintiff’s Collateral, consisting of new, used, demonstrators,
service vehicles, and in-transit vehicles contrary to the terms of this Order.
8.

An agent (a“Keeper”) of Plaintiff Ford Motor Credit Company LLCshall be

allowed to remain on the dealership premises at 1401 South Blaine Street,
Moscow, Idaho 83843 during open business hours to hold keys, titles and
Manufacturing Statements of Origin (“MSOs”) of all new and used vehicles,
demonstrators, service vehicles, and in-transit vehicles, which are subject to
FMCC’s security interest.

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9.

Said Keeper shall set up a check out system for the keys to the Collateral so

that the Dealer’s sales and/or service employees may check out keys to facilitate
demonstrating, showing, selling, and/or servicing of the Collateral vehicles.
10.

The employees and agents of Gilbert Auto Ford LLC shall provide review

and copies to the Keeper of the daily sales report, daily bank account report, sales
contracts, buyers’ orders, and financing contracts for the Collateral vehicles.

11.

Upon a sale of a Collateral vehicle, Defendant Gilbert Auto Ford LLC is

required to immediately, but in no case longer than 24 hours, pay Plaintiff with
certified funds owed Plaintiff for the Collateral vehicle. Upon receipt of the
certified funds by the Plaintiff for a Collateral vehicle, the Keeper shall
immediately release the title and/or Manufacturer’s Statement of Origin to
Defendant Gilbert Auto Ford LLC on any sale of said collateral vehicle.
12.

This order shall remain in full force and effect until this Court specifically

orders otherwise.
13.

Because, this matter was heard by the Court upon an expedited basis,

Defendants Gilbert Auto Ford, LLC and Mark W. Gilbert may request, upon 2
days prior notice, that the Court dissolve this preliminary injunction as provided
for in Fed.R.Civ.Proc. 65(b)(4).

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14.

Plaintiff must serve a copy of all the pleadings in this case and this order on

Defendant Gilbert Auto Ford via first class mail, hand delivery, fax and email
transmission to Gilbert Auto Ford within 24 hours of the date of this Order. This
order is effective immediately, being issued on March 8, 2013 at 2:30 p.m.

DATED: March 8, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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