Cargill, Incorporated v. WDS, Inc. et al

Filing 395

ORDER granting in part and denying in part 375 Motion for an order charging the limited liability company and partnership interests held by Judgment Creditor Brian Ewert with payment of the Judgment in this action, plus post-judgment interest. Signed by Chief Judge Frank D. Whitney on 4/30/18. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00848-FDW-DSC
CARGILL, INC., and CARGILL MEAT )
SOLUTIONS, CORP.,
)
)
Plaintiffs,
)
)
vs.
)
)
WDS, INC., JENNIFER MAIER, and )
BRIAN EWERT,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the undersigned on Plaintiffs’ application for an order charging
the limited liability company and partnership interests held by Judgment Creditor Brian Ewert
(“Ewert”) with payment of the Judgment in this action, plus post-judgment interest (the “Motion”).
(Doc No. 375).
Plaintiffs have a Judgment against Ewert totaling $111,872,369.81, plus post-judgment
interest (collectively, the “Judgment”). (Doc. No. 366). The Judgment remains unsatisfied. Ewert
is believed to own interests in ODDS, LLC; DLP, LLC (or any iteration of DLP, including, without
limitation, “Diverse Label Printing” and “DLP Distribution”); DLP Holdings, LLC; Jet Me
Around, LLC (or any iteration of the same, including, without limitation, “JMA”); B-Pak
Manufacturing Solutions, LLC; Refrigerated Trucking & Logistics, LLC; WDS Canada, LLC;
WDS Laundry Services, LLC; and TBE, LLC (each an “NC Entity” and collectively, the “NC
Entities”).1

1

The Court takes judicial notice that the NC Entities (in at least one iteration) are registered with the North Carolina
Secretary of State. Fed. R. Evid. 201.

Based upon the Motion, the supporting Memorandum, and the entire record in the case, for
good cause shown, Ewert’s ownership interests in the NC Entities are subject to the entry of a
charging order under N.C. Gen. Stat. §§ 57D-5-03 and 59-703. Plaintiffs shall have the rights of
an assignee of such interests, namely, the right to receive the distributions and allocations or any
other payment obligation to Ewert to which Ewert becomes entitled based on his ownership
interest in a NC entity.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
1.

The Motion (Doc. No. 375) is GRANTED IN PART and DENIED IN PART.2

2.

Ewert’s ownership interests in ODDS, LLC; DLP, LLC (or any iteration of DLP,

including, without limitation, “Diverse Label Printing” and “DLP Distributions”); DLP Holdings,
LLC; Jet Me Around, LLC (or any iteration of the same, including, without limitation, “JMA,
LLC”); B-Pak Manufacturing Solutions, LLC; Refrigerated Trucking & Logistics, LLC; WDS
Canada, LLC; WDS Laundry Services, LLC; or TBE, LLC are charged with payment of the
Judgment, including post-judgment interest.
3.

An NC Entity shall make no distributions, allocations, dividends, or any payment

whatsoever to Ewert on account of his ownership interest in such NC Entity until further Order of
the Court.

2

Upon discovery of other limited liability companies or partnerships in which Ewert now or in the future holds any
interest, not identified herein, Plaintiff may apply for a charging order as to the newly identified limited liability
company or partnership interests from a court of competent jurisdiction. If circumstances justify a charging order
addressing any limited liability company or partnership in which Ewert now or in the future holds any interest, Plaintiff
may apply for such order at such time. At this time, the Court declines to grant such relief.

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4.

Each NC Entity shall pay directly to Plaintiffs all distributions, allocations,

dividends, or payments owing to Ewert by such NC Entity in satisfaction of the Judgment until the
Judgment is satisfied or further Order of the Court.
5.

If Ewert receives any distributions, allocations, dividends, or payments on account

of his ownership interest from any NC Entity in violation of this Order, Ewert shall immediately
deliver all such distributions, allocations, dividends, or payments on account of his ownership
interest to Plaintiffs and shall hold all such funds in trust for Plaintiffs until so delivered.
6.

Ewert is enjoined and prohibited from circumventing the terms or purposes of this

Order.
IT IS SO ORDERED.

Signed: April 30, 2018

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