Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Merrill Lynch Mortgage Trust 2005-LC1, Commercial Mortgage Pass-Through Certificates, Series 2005-LC1 et al v. Remy & Associates, L.L.C.

Filing 4

TEMPORARY RESTRAINING ORDER and ORDER for Remy & Associates, L.L.C. to SHOW CAUSE why a receiver should not be appointed over the Mortgaged Property. Show Cause Response due by 4/27/2016, Hearing set for 5/4/2016 09:30 AM before District Judge George Caram Steeh Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Wells Fargo Bank, N.A., as Trustee
for the Registered Holders of Merrill
Lynch Mortgage Trust 2005-LC1,
Commercial Mortgage Pass-Through
Certificates, Series 2005-LC1,
By and through
LNR Partners, LLC, its special servicer,

Plaintiff,
v.
REMY & ASSOCIATES, L.L.C., a Michigan
limited liability company,
Defendant.

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No. 16-cv-11364
Hon. George Caram Steeh

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE

Plaintiff Wells Fargo Bank, N.A., as Trustee for the Registered Holders of
Merrill Lynch Mortgage Trust 2005-LC1, Commercial Mortgage Pass-Through
Certificates, Series 2005-LC1 by and through LNR Partners, LLC, its Special
Servicer (“Wells Fargo” or “Plaintiff”) filed a verified complaint (the
“Complaint”) in this action seeking the appointment of a receiver over certain real
property located in Rochester Hills, Oakland County, Michigan (the “Mortgaged
Property”).

4848-6230-0464.2

This Court having reviewed Plaintiff’s Complaint and Ex Parte

Motion for Appointment of a Receiver and for Preliminary Relief (the “Motion”),
and being fully advised in the premises;
IT IS ORDERED THAT:
1.

Until further Order of this Court, Defendant, its partners, agents and

employees, and all other persons with notice of this Order, are restrained and
enjoined from directly or indirectly transferring, encumbering, removing,
expending, distributing, concealing, destroying, mutilating, damaging, erasing,
disposing of or otherwise diminishing or causing harm to any of the Mortgaged
Property, or any part of the Mortgaged Property, all fixtures, machinery,
equipment, engines, boilers, incinerators, building materials, appliances, and goods
of every nature, and all articles of personal property located in, or on, or used, or
intended to be used in connection with the Mortgaged Property, all proceeds from
the operations of the Mortgaged Property, including all revenue, income and
profits and all documents relating in any way to the Defendant’s business practices
or finances or the Mortgaged Property. No security is required prior to issuance of
this injunction. All persons receiving notice of this Order shall not be prohibited
from depositing, posting or paying in the normal course of business the day to day
expenses incurred in maintaining the premises.

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2.

Plaintiff shall serve this Order, the Verified Complaint, and its Ex

Parte Motion for Appointment of a Receiver and for Preliminary Relief upon the
Defendant within 24 hours of entry of this Order.
3.

Defendant is ordered to file and serve on counsel for Plaintiff a

response to show cause as to why a receiver should not be appointed over the
Mortgaged Property on or before April 27, 2016.
4.

The Court will hold a hearing on Plaintiff’s Motion for Preliminary

Injunction on May 4, 2016 at 9:30 a.m., Theodore Levin U.S. Courthouse, 231 W.
Lafayette Blvd., Room 236, Detroit, Michigan.

Dated: April 20, 2016
s/George Caram Steeh
U.S. DISTRICT JUDGE

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