GREEN STRIPE, INC. v. FOOD KING, INC. et al

Filing 4

ORDER TO SHOW CAUSE RE: Why the Court should not issue an Order re: preliminary injunction; etc Show Cause Hearing set for 1/6/2011 09:30 AM before Judge Dickinson R. Debevoise.. Signed by Judge Dickinson R. Debevoise on 12/28/10. (sr, )

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David W. Fassett (DWF 1636) ARSENEAULT WHIPPLE FASSETT & AZZARELLO, LLP 560 Main Street Chatham, NJ 07928 (973) 6353366 Attorneys for Plaintiff
Dockets.Justia.com

UNITED STATES DISTRICT COURT DiSTRICT OF NEW JERSEY NEWARK VICINAGE Civil Action No. 10-6741 (DRD)

GREEN STRIPE, INC., tla G.S. DISTRIBUTION COMPANY Plaintiff v. FOOD JUNG, INC., BARBARA GINSBERG, MARC GINSBERG, and MICHAEL GINSBERG
Defendants

AMENDED ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINTS AND WITHOUT NOTICE

THIS MATTER having come before the Court on the application of Plaintiff Green

Stripe, Inc., t/a G.S. Distribution Company ("Plaintiff') for an Amended Order to Show Cause with Temporary Restraints and without Notice; and the Court having entered an Order to Show
Cause with Temporary Restraints and without Notice on December 23, 2010 ("the Original OTSC") [Doc. 3] after having reviewed the Complaint, the Memorandum of Law, the Affidavit of Jane Stewart, Plaintiff's Accounts Receivable Manager, and the Certification of Counsel
submitted therewith; and for gq caUse shown;
,

IT IS on this

day of

20,

_____noon

ORDERED that the foregoing application be, and hereby is, GRANTED; and it is ftther ORDERED that Defendants shall show cause before this Court on Thursday, January 6, 2011 atjjo'ciock in the why the Court should not issue an Order under Rule 65(a)

of the Federal Rules of Civil Procedure preliminarily enjoining the Defendants, their customers, agents, officers, subsidiaries, assigns, and banking institutions, from alienating, dissipating, paying over, or assigning any assets of Defendant Food King, Inc. ("Food King"), its subsidiaries or related companies, except for payment to Plaintiff, until further order of this Court or until Defendants pay Plaintiff the sum of $176,007.87 by cashier's check or certified check ("the Preliminary Injunction Hearing"); and it is further ORDERED that Defendants shall file and serve any papers in advance of the Preliminary Injunction Hearing by
,

2Ojf_; and it is further

ORDERED that Plaintiff shall file and serve any reply papers in advance of the Preliminary Injunction Hearing by ,20jj_; and it is further

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ORDERED that, pending the Preliminary Injunction Hearing, Defendants, their customers, agents, officers, subsidiaries, assigns, arid banking institutions be, and hereby are, TEMPORARILY RESTRAINEI) AND ENJOINED, pursuant to Ruie 65(b) of the Federal Rules of Civil Procedure, from alienating, dissipating, paying over or assigning any assets of Food King its subsidiaries or related companies, except for payment to Plaintiff; until further order of this Court or until Defendants pay Plaintiff the sum of $176,007.87, as set forth above, by cashiers' check or certified check ("the Temporary Restraints"); and it is further ORI)ERED that no security or bond shall be required under Rule 65(c) of the Federal Rules of Civil Procedure because it appears that Defendants presently hold $176,007.87 worth of Plaintiffs assets; and it is further

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ORDERED that Plaintiff shall serve one copy each of this Order upon Defendants by

hand delivery or overnight delivery sevice delivered to Defendants at 1350 Galloping Hill Road, Union, New Jersey 07083 on or before ( ,?
,

20; and it is further

ORDERED that this Order shall supersede the Original OTSC.

Honorable Dickinson R. Debevoise, U.SD.J.

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