First 100 LLC et al v. Omni Financial LLC et al

Filing 60

ORDER that (1) Michael McCabe shall not make any distributions to First 100, LLC, 1st One Hundred Holdings, LLC, Kal-Mor-USA, LLC, Omni Financial, LLC, PrenPoinciana, LLC, or any of their affiliates (the Parties) (on 2013, 2014, or 2015 Receivab les), until further order from this Court or upon unanimous consent of the Parties; and (2) the Parties shall neither request nor accept any such disbursements, if made or attempted, absent unanimous consent of the Parties. Signed by Judge Richard F. Boulware, II on 4/18/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FIRST 100, LLC, a Nevada limited liability
company; 1st ONE HUNDRED HOLDINGS,
LLC, a Nevada limited liability company,

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Plaintiffs,

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ORDER

vs.

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Case No. 2:16-cv-00099-RFB-(CWH)

OMNI FINANCIAL, LLC, a foreign limited
liability company; PRENPOINCIANA, LLC, a
foreign limited liability company; DOES I
through X and ROE ENTITIES I through X;

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Defendants.

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On April 13, 2016, a hearing was held in this matter. Upon Defendant Omni Financial,

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LLC’s oral motion, and no objection having been made by counsel for any of the other parties, the

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Court ordered that (1) Michael McCabe, the Florida attorney servicing the HOA Receivables, shall

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not make any disbursements to any of the parties in this litigation (on 2013, 2014, or 2015

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Receivables) until further order of the Court (but not require him to withhold disbursements to the

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Association of Poinciana Villages or his firm, to the extent due and owing); and (2) the parties

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shall neither request nor accept any such disbursements, if made.

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///

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///

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ORDER

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Therefore,

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IT IS HEREBY ORDERED that (1) Michael McCabe shall not make any distributions to

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First 100, LLC, 1st One Hundred Holdings, LLC, Kal-Mor-USA, LLC, Omni Financial, LLC,

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PrenPoinciana, LLC, or any of their affiliates (the “Parties”) (on 2013, 2014, or 2015 Receivables),

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until further order from this Court or upon unanimous consent of the Parties; and (2) the Parties

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shall neither request nor accept any such disbursements, if made or attempted, absent unanimous

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consent of the Parties.

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DATED: April 18, 2016.

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____________________________________
RICHARD F. BOULWARE, II
United States District Judge

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Respectfully submitted by:
HOWARD & HOWARD ATTORNEYS PLLC

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/s/ Robert Hernquist
Gwen Rutar Mullins, Nevada Bar No. 3146
Robert Hernquist, Nevada Bar No. 10616
Mark Gardberg, Nevada Bar No. 10879
Attorneys for Defendant Omni Financial, LLC

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