Cargill, Incorporated v. WDS, Inc. et al

Filing 423

ORDER granting 381 Motion Issuance of an Arrest Warrant. Signed by Magistrate Judge David S. Cayer on 06/11/2018. (brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-cv-00848-FDW-DSC

CARGILL, INCORPORATED and
CARGILL MEAT SOLUTIONS
CORPORATION,

ORDER GRANTING PLAINTIFFS’
MOTION FOR ISSUANCE OF AN
ARREST WARRANT

Plaintiffs,
v.
WDS, INC., JENNIFER MAIER and
BRIAN EWERT,
Defendants.

Before the Court is Plaintiffs’ Motion for Issuance of an Arrest Warrant and Injunctive
Relief Against Defendant Brian Ewert, in his individual capacity and as Trustee of the Brian C.
Ewert Revocable Trust, and Diverse Label Printing, LLC, ODDS, LLC, Resnex Mfg., Inc., DLP
Holdings, LLC, Refrigerated Trucking & Logistics, LLC, Jet Me Around, LLC, B-Pak
Manufacturing Solutions, LLC, RFS, Inc., and H. Vaughn Ramsey as Trustee of the Brian C. Ewert
Irrevocable Trust.
Having conferred with the chambers of the Honorable Frank D. Whitney, the Court grants
Plaintiffs’ Motion for Issuance of an Arrest Warrant but defers to Judge Whitney as to injunctive
relief.
Accordingly, it is hereby ORDERED:
1.

That Plaintiffs’ Motion for Issuance of an Arrest Warrant is GRANTED.

2.

The Court finds that Brian Ewert has left the State of North Carolina and there is

reason to believe that he has property which he unjustly refuses to apply to this Court’s judgment.

Therefore, pursuant to North Carolina General Statute Section 1-355, the Court issues a warrant
for Brian Ewert’s arrest and directs the Clerk to schedule a hearing for him to appear and respond
to questions regarding his assets.
3.

The Clerk is directed to send copies of this Order to counsel for the parties and to

the Honorable Frank D. Whitney.
SO ORDERED.
Signed: June 11, 2018

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