Shamrock Power Sales, LLC v. Scherer et al

Filing 146

ORDER ADOPTING REPORT AND RECOMMENDATION IN PART for 136 Report and Recommendations, 113 Motion for Preliminary Injunction filed by Shamrock Power Sales, LLC. The Court concludes that there is no clear error. For the foregoing reasons, it is hereby ordered that: Defendants are enjoined from concealing, converting, selling, encumbering, transferring, or otherwise dissipating any assets in the bank accounts identified in Exhibit J to the April 29, 2016 Declaration of Kelly B. Gallagher ( Dkt. No. 117), except that Defendants may jointly withdraw up to $5,818 per month for living expenses. Defendants are enjoined from concealing, converting, selling, encumbering, transferring, or otherwise dissipating any other assets in which they have an ownership, legal, or beneficial interest, which may be subject to a monetary judgment rendered in favor of Plaintiff. Defendants shall deposit into an escrow account held by McCarter & English, LLP, all commissions or other funds they have received from any manufacturers/clients since October 1, 2012 or receive in the future, and McCarter & English, LLP shall hold such funds in escrow until further order of this Court. Defendants may divert commissions or other funds they have r eceived from any manufacturers/clients since October 1, 2012 or receive in the future to the bank accounts identified in Exhibit J to the April 29, 2016 Declaration of Kelly B. Gallagher (Dkt. No. 117) only as necessary to pay living expenses in th e amount of $5,818 per month as set forth above. Once Defendants have deposited a total of $131,864.88 into the escrow account held by Mccarter & English, LLP, the restrictions in paragraphs 1 and 2 above shall be lifted. In accordance w ith the Contempt Order entered by this Court on February 6, 2013 (Dkt. No. 32), Defendants must still continue to deposit into the escrow account all commissions or other funds they have received from any manufacturers/clients since October 1, 2012 or receive in the future, less any amounts necessary to pay living expenses in the amount of $5,818 per month. Plaintiff shall post a bond of $50,000 within one week of the date of this Order. The Clerk of Court is respectfully directed to terminate the pending Motion. (Dkt. No. 113.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/18/16) (yv)