National Processing Company v. Kaz Electronics, LLC et al

Filing 32

DECISION AND ORDER granting in part and denying in part 30 Motion for Clarification; vacating plaintiff's restraining notice of 11/30/2009 and extending temporary injunctive relief that this court granted in its order of 12/2/2009 to 5:00 p.m. on 1/8/2010. Signed by Hon. Richard J. Arcara on 12/11/2009. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

N A T IO N A L PROCESSING COMPANY, P la in tiff, D E C IS IO N AND ORDER 0 9 -C V -1 2 3 A v.

KAZ ELECTRONICS, LLC, TRIAD MARKETING GROUP, LLC, and JOHN ZARZECKI, D e fe n d a n ts .

O n December 11, 2009, defendant Triad Marketing Group, LLC ("Triad M a rk e tin g ") filed a motion to clarify the Court's ruling yesterday at the oral a rg u m e n t on the pending motion to vacate the default judgment. Yesterday, the C o u rt agreed at oral argument to extend the temporary injunctive relief in this c a s e (see Dkt. No. 22) by an additional 30 days to allow for a hearing on factual is s u e s central to Triad Marketing's pending motion to vacate the default ju d g m e n t. In consideration of the motion for clarification, the Court has considered the m o tio n papers that Triad Marketing filed on December 11, 2009, along with the o ra l arguments presented by Triad Marketing in support of the motion and by p la in tiff in opposition. The Court notes that plaintiff's restraining notice of N o ve m b e r 30, 2009 has affected two of Triad Marketing's bank accounts. Each

of these accounts has been frozen in an amount equal to twice the amount of the d e fa u lt judgment in this case. Since the amount frozen in each account is more th a n enough to cover the amount of the default judgment, only one account need to be frozen. As demonstrated in Triad Marketing's motion papers, escrow a c c o u n t No. 9845068254 is the account whose restraint will cause the most h a rm , since the funds therein do not even belong to Triad Marketing. A c c o rd in g ly, the Court grants Triad Marketing's motion for clarification to th e extent that it seeks a vacation of the restraining notice as against the escrow a c c o u n t, but otherwise denies it. Plaintiff's restraining notice of November 30, 2 0 0 9 against M&T Bank account No. 9845068254 is hereby vacated. The re s tra in in g notice against Triad Marketing's other M&T Bank account will remain in effect pending the outcome of the motion to vacate the default judgment. Additionally, the temporary injunctive relief that the court granted in its Order of D e c e m b e r 2, 2009 (Dkt. No. 22) is hereby extended and will expire at 5:00 p.m. o n January 8, 2010 unless otherwise directed by the Court.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA CHIEF JUDGE UNITED STATES DISTRICT COURT DATED: December 11, 2009

2