Federal Trade Commission v. AMG Services, Inc. et al

Filing 1217

ORDER granting 1215 Motion for Writ of Attachment. Signed by Chief Judge Gloria M. Navarro on 9/29/2018. (Copies have been distributed pursuant to the NEF - ASB)

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1 2 3 4 5 6 7 8 9 10 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 Abran E. Vigil (NV 7548) vigila@ballardspahr.com Joseph P. Sakai (NV 13578) sakaij@ballardspahr.com BALLARD SPAHR LLP 1980 Festival Plaza Drive, Suite 900 Las Vegas, NV 89135-2958 Tel.: 702-471-7000 Fax: 702-471-7070 Logan D. Smith (Pro Hac Vice) lsmith@mcnamarallp.com Sanjay Bhandari (Pro Hac Vice) sbhandari@mcnamarallp.com Edward Chang (NV 11783) echang@mcnamarallp.com MCNAMARA SMITH LLP 655 West Broadway, Suite 1600 San Diego, California 92101 Tel.: 619-269-0400 Fax: 619-269-0401 Attorneys for Court-Appointed Monitor 13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 FEDERAL TRADE COMMISSION, 16 Plaintiff, 17 v. AMG SERVICES, INC., et al., 18 PARK 269 LLC, et al., 20 ORDER DIRECTING ISSUANCE OF PREJUDGMENT WRITS OF ATTACHMENT Defendants, and 19 Case No. 2:12-cv-00536-GMN-VCF Relief Defendants. 21 22 After consideration of the Emergency Motion for Issuance of Prejudgment 23 Writs of Attachment submitted by the Monitor, as well as the Monitor’s Declaration, 24 the Court being fully advised in the premises and good cause appearing therefor, the 25 court makes the following findings: 26 27 1. That the Court has jurisdiction over this matter pursuant to the Court’s retention of jurisdiction to enforce the Judgment against Defendants [ECF No. 1057] 28 DMWEST #18093028 v1 1 and the Feingold Parties’ assent to the Court’s jurisdiction for the purposes of 2 enforcement of the Settlement Agreement. [ECF No. 1191] 3 2. That the request for prejudgment attachment appears to be one in 4 which attachment may be allowed without notice or hearing because said request is 5 brought pursuant to NRS 31.017(5). 6 3. The facts and reasons why these grounds exist are the Monitor’s including making recurring payments to the Monitor; that the Feingold Parties have 11 failed to rectify their breach and default as of the filing of the Emergency Motion; 12 (702) 471-7000 FAX (702) 471-7070 and default of their duties and obligations under the Settlement Agreement, 10 LAS VEGAS, NEVADA 89135 supporting affidavit which show that the Feingold Parties are in continuing breach 9 BALLARD SPAHR LLP Emergency Motion for Issuance of Prejudgment Writs of Attachment and its 8 1980 FESTIVAL PLAZA DRIVE, SUITE 900 7 that the Monitor has demonstrated that the Feingold Parties do not intend to rectify 13 their breach and default and instead may attempt to transfer or otherwise liquidate 14 assets to avoid collection of amounts due under the Settlement Agreement. 15 4. Having reviewed the Emergency Motion for Issuance of Prejudgment 16 Writs of Attachment and the documents on file herein, it appears that the Monitor 17 has a meritorious claim for relief. 18 19 20 5. The amount for which the attachment will issue in this action is the sum of two million five hundred and ninety thousand dollars ($2,590,000). 6. Pursuant to NRS 31.030(1), the Monitor is not be required to provide an 21 undertaking as a condition precedent to attachment as the Monitor is acting in his 22 capacity as an officer of this Court. 23 24 25 26 27 28 7. The names of all third persons upon whom writs of attachment may be served are: a. Mid-America Paper Recycling Co, Inc. 3865 W. 41st Street Chicago, IL 60632 b. First Corporate Solutions, as Representative 914 S. Street 2 DMWEST #18093028 v1 1 Sacramento, CA 95811 2 c. Tristate Capital Bank One Oxford Centre, 301 Grant Street Pittsburgh, PA 15219 3 4 d. Tutera Investments, L.L.C. 7611 State Line Road, Suite 301 Kansas City, MO 64114 5 6 8. The property to be attached herein is properly described as: parties, including, but not limited to: all accounts; all chattel paper; all 11 commercial tort claim; all deposit accounts; all documents; all 12 (702) 471-7000 FAX (702) 471-7070 Recover, LLC, whether owned collectively or individually by these 10 LAS VEGAS, NEVADA 89135 Homeowners Realty, LLC, UMR Building, LLC, and United Material 9 BALLARD SPAHR LLP a. The property of David Feingold, Dylan, Jagger Investment Co., Inc., 8 1980 FESTIVAL PLAZA DRIVE, SUITE 900 7 equipment; all general intangibles; all instruments; all inventory; all 13 investment property; all letter-of-credit rights; all other goods; and all 14 money, all products and proceeds of any and all of the foregoing, and all 15 supporting obligations of any and all of the foregoing. 16 b. The real property described as follows: 17 i. Parcel 1: Situated in the State of Ohio, County of Licking and in 18 the City of Newark; Being lot number thirteen thousand four 19 hundred thirty-five (13435), as shown on “Amended Plat” 20 recorded August 12, 2008, in Instrument No. 200808120018336, 21 said plat being an amended and corrected plat of the 22 consolidation plat prepared for Owens Corning Insulating 23 Systems, LLC, recorded in Instrument No. 200802070002824, 24 both in the Recorder’s Office, Licking County, Ohio. Manning 25 Street, Newark, Ohio 43055. PPN: 054-272124-00.000 26 ii. Situated in the State of Ohio, County of Licking and in the City of 27 Newark; Being lot number thirteen thousand four hundred forty- 28 3 DMWEST #18093028 v1 1 seven (13447) as shown on the consolidation plat prepared for 2 Owens Corning Insulating Systems, LLC, as the same is 3 numbered and delineated upon the recorded thereon filed for 4 record February 7, 2008 in Instrument No. 200802070002836, 5 Recorder’s Office, Licking County, Ohio. Maple Avenue, Newark, 6 Ohio 43055. PPN: 054-270942-00.009. 7 IT IS, THEREFORE, ORDERED that the Writs of Attachment in this action 8 be issued in the amount of $2,590,000 against the property of the Feingold Parties, 9 described above. 10 IT IS SO ORDERED. (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 13 29 DATED this _______day of September, 2018. ______________________________________ Gloria M. Navarro, Chief Judge UNITED STATES DISTRICT COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DMWEST #18093028 v1

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