Allstate Insurance Company et al v. Mirvis et al

Filing 456

PRELIMINARY INJUNCTION: The Annexed Order further sets forth the terms of the Preliminary Injunctions requested at 386 and 387 and granted at 454 . Ordered by Magistrate Judge Peggy Kuo on 12/8/2016. (Feldman, Shira)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ALLSTATE INSURANCE COMPANY, et al.,
Plaintiffs,
-against-

08-CV-4405 (SLT) (PK)

MARK MIRVIS, et al.,
Defendants.
ORDER GRANTING PRELIMINARY INJUNCTIONS
WHEREAS, on July 5, 2016, Plaintiffs-Judgment Creditors Allstate Insurance Company,
Allstate Indemnity Company, Deerbrook Insurance Company, Allstate New Jersey Insurance
Company, and Allstate Property & Casualty Insurance Company (“Plaintiffs”) moved by orders
to show cause for two ex parte temporary restraining orders issued the same date (ECF Nos. 388
& 389) (the “TROs”) and for preliminary injunctions (ECF Nos. 386 & 387) (the “Motions”),
pursuant to Rules 65 and 69 of the Federal Rules of Civil Procedure and Section 5222 of the
New York Civil Practice Law and Rules, as to six certain deposit accounts allegedly containing
or consisting of property of judgment debtors Igor Zhuravsky and Mark Mirvis (the “Judgment
Debtors”) and held in the name of nonparty Ruslan a/k/a Russell Zhuravsky (“R. Zhuravsky”) or
held in the name of one or more of nonparties Tatyana Mirvis, Lyubov Mirvis, and Alexander
Boriskin (the “Mirvis Nonparties”), specifically: (i) two accounts at TD Bank, N.A. (“TD Bank”)
in the name of R. Zhuravsky and ending in -5912 and -0596; (ii) two accounts at HSBC Bank
USA, N.A. (“HSBC”) in the name of Tatyana Mirvis and ending in -3710 and -9713; and
(iii) two accounts at TD Bank in the name of Tatyana Mirvis and Lyubov Mirvis, and Tatyana

Mirvis and Alexander Boriskin, and ending in -0319 and -8848, respectively (all six accounts
being referred to herein as the “Subject Accounts”); and
WHEREAS, on July 5, 2016, the Court entered Orders on Plaintiffs’ Motions granting
the TROs and setting a show cause hearing for August 15, 2016, at 10:00 a.m., before the
Honorable Sandra L. Townes at the of the United States District Court for the Eastern District of
New York, located at 225 Cadman Plaza East, in the County of Kings and the State of New York
(see ECF Nos. 388 & 389); and
WHEREAS, the Honorable Sandra L. Townes referred the Motions to the Honorable
Peggy Kuo, United States Magistrate Judge, (see July 27, 2016 Order), and the show cause
hearing was rescheduled for December 2, 2016, at 10:00 a.m. before the Honorable Peggy Kuo
Courtroom 11C South of the United States District Court for the Eastern District of New York
(see October 11, 2016 Order); and
WHEREAS, a show cause hearing was held on December 2, 2016, at 10:00 a.m.;
NOW, upon the Motions and all papers and exhibits filed by Plaintiffs, R. Zhuravsky,
and the Mirvis Nonparties in connection with the Motions, and upon the arguments made at the
show cause hearing by counsel for each of the foregoing:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that pursuant to
Rules 65 and 69 of the Federal Rules of Civil Procedure, and for the reasons set forth on the
record by the Court at the show cause hearing on December 2, 2016, specifically finding that
Plaintiffs have shown that (i) they will suffer irreparable harm if preliminary injunctions are not
granted; and (ii) there is a likelihood of success on the merits of Plaintiffs’ forthcoming motions
for turnover as to property of the Judgment Debtors in the Subject Accounts (the “Turnover
Motions”) and, in the alternative, there are sufficiently serious questions going to the merits of

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the Turnover Motions to make them a fair ground for litigation and the hardships tip decidedly
toward Plaintiffs, the Judgment Debtors, R. Zhuravsky, the Mirvis Nonparties, any of their
agents, servants, employees attorneys, or other representatives, and all persons or entities in
active concert or participation with them who receive notice of this Order, by personal service or
otherwise, are hereby preliminarily enjoined and restrained from directly or indirectly
transferring, withdrawing, assigning, gifting, disposing or dissipating any property in the Subject
Accounts or permitting or suffering the same; and
IT IS FURTHER ORDERED, that HSBC and TD Bank, any of their affiliates,
subsidiaries, parents or respective officers, agents, servants, employees attorneys, or other
representatives, and all persons or entities in active concert or participation with them who
receive notice of this Order, by personal service or otherwise, are hereby preliminarily enjoined
and restrained from directly or indirectly allowing for the transfer, dissipation, withdrawal or
disposing of any funds from the Subject Accounts; and
IT IS FURTHER ORDERED, that the preliminary injunctions granted herein supersede
the TROs and shall remain in full force and effect until the Court enters a final determination on
each respective forthcoming Turnover Motion (see December 2, 2016 Minute Order, ECF No.
454) should it be denied, or if granted, until the completed remittance to Plaintiffs of funds in the
Subject Accounts pursuant to, and to the extent of, any turnover or related order of the Court.

Dated: Brooklyn, New York
December 8, 2016

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