Meadows v. Carpenters' Pension Trust Fund - Detroit and Vicinity et al

Filing 5

ORDER granting 4 Motion for TRO; granting 4 Motion for Order to Show Cause and Scheduling Show Cause Hearing for January 18, 2012 at 3:00 p.m. before District Judge Patrick J. Duggan.. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

ESTATE OF BILLIE JOE MEADOWS,
Deceased,

Case No.: 2:11-cv-15686-PJD-MKM
Honorable: Patrick J. Duggan

Plaintiff,
v

CARPENTERS' PENSION TRUST FUND ­
DETROIT and VICINITY, and
JOAN MEADOWS, an individual,
Defendants.
THOMAS L. STROBLE (P67836)
MITCHELL H. BOARDMAN (P47042)
THE STROBLE LAW FIRM, P.C.
Attorneys for Plaintiff
2525 Telegraph Road, Suite 100
Bloomfield Hills, MI 48302
(248) 454-08001Fax [phone]

ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A
TEMPORARY RESTRAINING ORDER AND AN ORDER FOR DEFENDANTS
TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE
ENTERED
On this 30th day of December, 2011 at
PRESENT: HONORABLE PATRICK J. DUGGAN
DISTRICT COURT JUDGE
Plaintiff Estate of Billie Joe Meadows' Ex Parte Motion having been presented
to this Court, and this Court having found that Plaintiff will suffer immediate and
irreparable harm if the Defendant Carpenter's Pension Trust Fund pays Billie Joe
THE STROBLE LAW FIRM, P.C.

ATIORNEYS AND

COUNSELORS AT LAW

Meadows' survivor pension benefits directly to Defendant Joan Meadows. Plaintiff has

2525 TELEGRAPH RD, STE. 100

BLOOMFIELD HILLS, MI 48302

[phone]

FAX [phone]

presented claims and evidence that Defendant Meadows waived her rights to receive
these benefits pursuant to a Judgment of Divorce. In the event that Defendant receives
these survivor benefits, they may be used, dissipated, disposed of or hidden thereby

irreparably harming Plaintiff and its ability to recover these monies (which by
information and belief are $450,000.00). The Court also finds that notice of this Motion
was provided to Defendant Carpenters' Pension Trust Fund pursuant to a December 28,
2011 telephone conversation between its attorney, Edward J. Pasternak and Plaintiff's
counsel.

The Court finds that Plaintiff, through its counsel, attempted to contact

Defendant Joan Meadows to provide her with notice of this Motion without success.
IT IS HEREBY ORDERED that Defendant Carpenters' Pension Trust Fund us
ENJOINED from paying Defendant Joan Meadows directly any of Billie Joe Meadows'
pension survivor benefits or otherwise dissipating or disposing of those benefits;
IT IS HEREBY FURTHER ORDERED that, in the event that Defendant Joan
Meadows receives any of Billie Joe Meadows' survivor benefits, she is enjoined from
using, disposing of, dissipating, selling or hiding any of the survivor benefits;
IT IS HEREBY FURTHER ORDERED that the Defendants must appear at a
hearing before this Court to show cause why a Preliminary Injunction should not enter and
why this Court should not require Defendant Carpenters' Pension Trust Fund andlor
Defendant Joan Meadows to pay the survivor benefits into the Court's registry for the
benefit of Defendant, Joan Meadows. The hearing shall occur before Judge Duggan on
Wednesday, January 18,2012, at 3:00 p.m. in Courtroom 861 of the Theodore Levin U.S.
Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan 48226.
IT IS SO ORDERED.
THE STROBLE LAW FIRM. P.e.

ATIORNEYSAND

COUNSELORS AT LAW

FEDERAL COURT JUDGE

2525 TELEGRAPH RD. STE. tOO

BLOOMFIELD HILLS. M[ 48302

[phone]
FAX [phone]

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