Wilmington Trust, National Association v. Winta Asset Management LLC et al

Filing 195

ORDER OF ATTACHMENT AND PRELIMINARY INJUNCTION granting 147 Motion for Judgment. It is hereby ORDERED, that, pursuant to Fed. R. Civ. P. 64 and 65 and CPLR §§ 6201, 6210 and 6212, the Motion is GRANTED; and it is further ORDERED, tha t an Order of Attachment is GRANTED against the Real Properties; and it is further ORDERED, that the Preliminary Injunction is GRANTED enjoining Defendants from disposing of, processing, routing, facilitating, selling, transferring, encumbering, removing, paying over, conveying or otherwise interfering with Defendants' property located in the state of New York, including, but not limited to, the Real Properties or any proceeds derived therefrom; and it is further ORDERED, the amount to be secured by the Order of Attachment, which includes interest, costs of this action, and Sheriffs fees and expenses shall be for a total sum of$14,672,464.46; and it is further ORDERED, that the undertaking posted by Plaintiff in the amo unt of $50,000 in order to secure the Show Cause Order is sufficient to serve as security for costs and damages, including reasonable attorneys' fees, that the Guarantor may sustain because of the attachment if Guarantor recovers judgmen t or it is finally decided that Plaintiff was not entitled to an attachment of the Guarantor's property, and no additional undertaking is warranted; and it is further ORDERED, that, within five (5) days of entry of this Order, Plaintiff shall serve a copy of this Order of Attachment and Preliminary Injunction upon Borrower, Guarantor, Gui Xin Hong, Caihong Chen, Caiyun Chen and Mingsen Chen as further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/23) (yv)