Chow et al v. Zimny et al

Filing 105

Judge George A. OToole, Jr: ORDER entered denying 98 Motion for Clarification (Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 10-10572-GAO
GERALD CHOW and LILY CHOW,
Plaintiffs,
v.
MARK J. ZIMNY and IVYADMIT CONSULTING ASSOCIATES LLC,
Defendants.

ORDER
June 24, 2013
O’TOOLE, D.J.
The defendants request the Court to clarify its preliminary injunction order (dkt. no. 34)
and confirm that they may pay defense counsel in this action and in USA v. Zimny, Criminal
Action No. 13-10024-RWZ.
The Court is not convinced that Zimny needs to retain additional counsel in this case.
Mr. Annen has entered an appearance on Zimny’s behalf, and Mr. Sheketoff, who represents
Zimny in the criminal case, has entered an appearance on IvyAdmit’s behalf. Zimny is
adequately represented by two capable attorneys in this matter.
The Court’s preliminary injunction order enjoins the defendants from “directly or
indirectly, transferring, assigning, pledging, hypothecating, causing to diminish in value,
encumbering, selling . . . assets . . . up to the amount of $2,155,000.00.” (Order at 4 (dkt. no.
34).) Under this order, the defendants may not transfer any assets up to the amount of
$2,155,000.00 to attorneys as compensation for legal representation, either in this civil action or
in the criminal action.

Accordingly, the defendants’ Motion (dkt. no. 98) for Clarification is DENIED to the
extent that the defendants seek an order confirming that payment of legal fees does not violate
the preliminary injunction order.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge

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