Harley-Davidson Credit Corp. v. Elworths' Harley-Davidson Sales & Service, Inc. et al

Filing 24

TEMPORARY RESTRAINING ORDER granting in part and denying in part and part held in abeyance 2 Motion for TRO and granting in part and denying in part and part held in abeyance 8 Amended Motion for TRO. The Defendants shall surrender the Motorcyc les to the Plaintiff's representatives. The Defendants shall not further encumber their physical assets. That the Court will schedule a hearing on a Preliminary Injunction at a mutually convenient time upon the request of the Plaintiff. Ordered by Judge Richard G. Kopf. (JAE) Modified on 5/27/2010 add text regarding abeyance (JAE).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HARLEY-DAVIDSON CREDIT CORP. Plaintiff, Case No. 4:10-cv-03094 v. ELWORTHS' HARLEY-DAVIDSON SALES & SERVICE, INC., GREG ELWORTH, and MARY JO ELWORTH. Defendants. TEMPORARY RESTRAINING ORDER On the 26th day of May, 2010, this matter came on before the Court on the Motion (Filing 2) and the Amended Motion (Filing No. 8) of Plaintiff, Harley-Davidson Credit Corp.

("Plaintiff"), for a Temporary Restraining Order (the "Motion"). The Plaintiff appeared by Trev E. Peterson and Katherine S. Vogel, its attorneys and the Defendants by James F. Cann, their attorney. Due and proper notice having been given to Defendants Elworths' Harley-Davison Sales & Service, Inc.; Greg Elworth and Mary Jo Elworth (collectively the "Defendants"); and the Court being otherwise duly advised in the premises finds that; 1. motorcycles: Year 2008 2008 2009 2010 2008 Model XL1200L FLSTN FXSTSSE3 FLTRX FLHTCU VIN Number 1HD1CX3418K406533 1HD1JD5478Y049387 1HD1PT9159Y957167 1HD1KH410AB604412 1HD1FC4128Y686917 Defendants have admitted to having possession of the following eighteen

2008 2008 2008 2010 2010 2010 2009 2009 2010 2010 2010 2010 2010

XL1200N XL1200N FXSTC FXSTC XL1200C XL883N FXDB FLHRC FLHRC FLSTC FLSTSB XL1200C XL1200N

1HD1CZ3188K452216 1HD1CZ3108K459919 1HD1JL5418Y029520 1HD1JL516AB013215 1HD1CT316AC402637 1HD4LE218AC400642 1HD1GX4199K316556 1HD1FR4129Y685299 1HD1FR412AB603983 1HD1BW51XAB013328 1HD1JM51XAB010484 1HD1CT318AC400663 1HD1CZ310AC401468

(the "Motorcycles"). The Defendants shall promptly surrender possession of the Motorcycles to Plaintiff's representatives. 2. 3. The Defendants shall not further encumber their physical assets. That at the request of the Plaintiff, the Court will set a hearing on a Preliminary

Injunction at a time mutually convenient for the Court, and the parties. IT IS HEREBY ORDERED THAT: 1. 2. The Defendants shall surrender the Motorcycles to the Plaintiff's representatives. The Defendants shall not further encumber their physical assets.

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3.

That the Court will schedule a hearing on a Preliminary Injunction at a mutually

convenient time upon the request of the Plaintiff. 27t Dated: May _____,h2010. BY THE COURT: s/Richard G. Kopf Richard G. Kopf United States District Judge

The motions(filings 2 and 8) are granted in part, denied in part and in part held in abeyance. RGK

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