Central Bank of the Midwest v. Screen Services, LLC et al
Filing
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MEMORANDUM AND ORDER Re: TRO Extension and Hearing. Signed by Judge Marvin J. Garbis on 11/22/2017. (hmls, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CENTRAL BANK OF THE MIDWEST
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Plaintiff
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vs.
* CIVIL ACTION NO. MJG-17-3352
SCREEN SERVICES, LLC, et al,
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Defendants
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MEMORANDUM AND ORDER RE: TRO EXTENSION AND HEARING
The Court has before it Plaintiff’s Emergency Motion to Extend
The Time of Temporary Restraining Order for An Additional 10 Days [ECF
No. 12] and the materials submitted relating thereto.
The Court has
held a hearing which Defendants – although notified - chose not to
attend.
Plaintiff’s counsel has advised that he has discussed the matters
at issue with Defendant McGlone and an attorney representing him (but
not entering his appearance in this case).
He states that it appears
possible that some, perhaps all, of the equipment at issue has been
sold and that it seems likely that the parties will be able to reach
an agreement resolving the issues presented.
However, Plaintiff is
requesting that the Temporary Restraining Order [ECF No. 9] be
extended so as to protect its rights should there be no settlement.
Plaintiffs have presented a reasonable ground for the Court to
extend the duration of the Temporary Restraining Order [ECF No. 9] and
to set a hearing at which Defendants shall appear and provide evidence
to identify the location of the Pledged Equipment and the location
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of any proceeds thereof in any form as well as other matters
relevant to the issues presented.
The Court is advised that Defendant McGlone is currently on a
cruise but will return by this Sunday, November 26, 2017.
The Court
finds it reasonable to set a hearing in this matter on Friday,
December 1, 2017 and to require the attendance of, and testimony from,
Defendant McGlone.
Accordingly:
1.
The expiration date of the Temporary Restraining Order
granted by the Order Granting Ex Parte a Temporary
Restraining Order [ECF No. 9] is extended from
November 24, 2017 to December 4, 2017.
2.
Defendants John McGlone and Screen Services, LLC shall
appear for a hearing commencing at 11:00 A.M. on
Friday, December 1, 2017, in Courtroom 5C of the
United States District Courthouse, 101 W. Lombard
Street, Baltimore MD 21201.
3.
Defendants must appear at the hearing and provide
evidence, including testimony, regarding the matters
at issue herein and, should they not appear as
ordered, appropriate action may be taken, including
consideration of possible sanctions.
4.
Defendant Screen Services, LLC must be represented at
the hearing by an attorney admitted to the Bar of the
Court; Defendant McGlone may be represented by counsel
or may proceed pro se.
5.
Plaintiffs shall promptly provide Defendants with a
copy of this Order and a copy of the transcript of the
proceedings held this date.
SO ORDERED, this Wednesday, November 22, 2017.
/s/__________
Marvin J. Garbis
United States District Judge
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