National Labor Relations Board v. Synergy One Locating Services, LLC et al

Filing 23

PROTECTIVE RESTRAINING ORDER. Signed by Magistrate Judge David S. Cayer on 11/17/16. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
NATIONAL LABOR RELATIONS BOARD,

:
:
Petitioner,
:
:
v.
: Case No. 3:16-mc-00002
:
[GCM-DSC]
: (No. 15-72162 - 9th Cir.)
:
SYNERGY ONE LOCATING, LLC and SAFE :
MARKX, LLC,
:
:
Respondents,
:
:
DERVON GASKINS,
:
:
Additional Respondent, :
:
and
:
:
COMCAST CORP., BB&T CORP., WELLS
:
FARGO BANK, N.A., and HORNETS
:
BASKETBALL, LLC,
:
:
Garnishees.
:
:
PROTECTIVE RESTRAINING ORDER
Upon consideration of the ex parte Application of the National Labor Relations
Board (the “Board”) for a Pre-judgment Protective Restraining Order and pursuant to the
Federal Debt Collection Procedures Act of 1990, 28 U.S.C. Sections 3011, 3013 and
3101, and the Court’s inherent powers, and upon consideration of the Board’s showing
in support of said Application, good cause appears for granting the Board’s Application.
Accordingly, it is hereby
I.

ORDERED that Additional Respondent Dervon Gaskins, his agents,

attorneys, representatives, successors, and assigns and all persons natural or
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corporate acting in concert or participation with him (“Respondent” or “Gaskins”), is
hereby restrained and enjoined from in any manner or by any means alienating,
dissipating, distributing, transferring, encumbering, assigning, paying over, or otherwise
disposing of any monies or assets belonging to, or in the possession or control of
Respondent Gaskins until and unless he first furnishes to the Board security in the
amount of $52,228, by transferring that sum to the Board to be held in an escrow
account in the United States Treasury (“the Escrow Account”), pending further order of
the Court;
II.

IT IS FURTHER ORDERED that, notwithstanding the proscription of

Paragraph I, Respondent may sell, transfer, rent or lease assets belonging to him for a
full, fair and present consideration or rental value, PROVIDED that the receipts from any
such sale or transfer, and the rents due pursuant to any such lease, up to $52,228 for
Respondent shall immediately upon receipt be transferred to the Board, to be held in
the Escrow Account pending further order of the Court.
III.

IT IS FURTHER ORDERED that unless and until the sum of $52,228 has

been paid over to the Board and deposited into the Escrow Account, Respondent
Gaskins is hereby restrained and enjoined from, in any manner or by any means,
entering into any arrangement providing for, or which would result in, the establishment,
extension or expansion of any lien on any of his assets, or pledging such assets as
security or encumbering any of his assets, absent further order of this Court.
IV.

IT IS FURTHER ORDERED that, notwithstanding any other provision of

this Order, Respondent Gaskins may expend funds for the payment of Respondent’s
bona fide, reasonable and necessary current living expenses, or to satisfy federal, state,

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county, and local taxes or bona fide liens of record recorded prior to the entry of this
Order; PROVIDED, however, that in no event shall any payment or transfer of funds be
made to any relative of Respondent Gaskins, or to any corporation, partnership or other
entity owned or controlled, in whole or in part, by Gaskins, absent prior written
agreement of the Board or further order of this Court; PROVIDED FURTHER, that
Respondent Gaskins shall keep and, within forty-eight hours of request by the Board,
make available to the Board for inspection and copying, written records of each and
every transaction involving expenditures or receipts by Gaskins in excess of $100; and
PROVIDED FURTHER, that any funds up to $52,228, now, or which in the future may
be, in the possession or control of Respondent which exceed in value the amounts
needed to satisfy the bona fide, reasonable and necessary living expenses and
obligations described above, shall immediately be transferred to the Board, to be held in
the Escrow Account pending further order of the Court.
V.

IT IS FURTHER ORDERED that, unless and until Respondent provides

security in the amount and manner required under this Order, any person, natural or
corporate, having notice of this Order and holding funds for the credit of, or belonging to
Respondent Gaskins is directed to immediately transfer said funds to the Board, to be
held in the Escrow Account pending further order of the Court. FURTHER, any financial
institution having possession or control of any assets held in a safe deposit box
maintained in Respondent’s name shall deny access by Respondent to such safe
deposit box, absent further order of the Court.
VI.

IT IS FURTHER ORDERED that funds held in the Escrow Account shall

be maintained in said account until such time as the funds are used to satisfy

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Respondent Gaskins’ liability to the Board, pursuant to its Court enforced Order in
Board Case No. 28-CA-137972.
VII.

IT IS FURTHER ORDERED that, should any sale, transfer, or other

disposition of Respondent Gaskins’ assets with a value in excess of $300 have
occurred between October 2, 2014 (the date of the initial unfair labor practice charge)
and the entry of this Order, then, in that event:
(A) Respondent shall immediately transfer to the Board for deposit into the
Escrow Account the net proceeds of any such sale(s), up to $52,228.
(B) Respondent shall provide in writing to the Board’s Contempt, Compliance
and Special Litigation Branch, 1015 Half Street, S.E., Fourth Floor, Washington, D.C.
20003 within ten (10) days of the entry of this Order, a description of the asset or assets
involved in each such transaction, the value of each asset at the time Respondent
acquired it and at the time of the sale, transfer or other disposition of such asset, the
consideration received in exchange for the asset, the subsequent disposition of the
consideration, and the name(s) and address(es) of all persons or entities who were
parties to the transaction.
(C) If the transfer or other disposition of any asset was not for full, fair and
present consideration actually paid, the Board may apply to this Court, upon a showing
that such transfer or other disposition amounted to a fraudulent conveyance or is
otherwise voidable, for an order requiring Respondent or any person subject to this
Order, as may be appropriate, to cause the return of such asset to Respondent.
VIII.

IT IS FURTHER ORDERED that Respondent Gaskins, within ten (10)

days of the date of this Order, shall furnish the Board with a verified list of all of his

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assets, real and personal, which exceed $500 in value, including, without limitation,
land, vehicles, inventory, equipment, bank account numbers, certificates of deposit,
promissory notes and/or other financial instruments personally registered to
Respondent, shares of stock of which Respondent is a real or beneficial owner, bonds,
options to purchase, good will or business licenses, and any other assets within the
scope of this Order, together with a list of any encumbrances thereon, and shall update
this list every time he disposes of, leases or acquires any asset(s) exceeding $500 in
value. Respondent shall further provide the Board with at least 30 (thirty) days’
advance notice, in writing, of any proposed transaction involving the sale, disposition or
lease of any asset exceeding $500 in value, including the names and addresses of all
parties to the proposed transaction. Respondent shall further provide the Board with
not less than ninety (90) days’ advance notice of any intent to file or initiate any
bankruptcy or liquidation proceeding. Respondent shall provide this information to the
Board by delivering such information to the Board’s Contempt, Compliance and Special
Litigation Branch, 1015 Half Street, S.E., Fourth Floor, Washington, D.C. 20003.
IX.

IT IS FURTHER ORDERED that Respondent Gaskins shall provide notice

of this Order, in writing, to any person natural or corporate to whom Respondent
proposes to sell, lease, transfer or otherwise dispose of any of his assets; copies of
such notices shall be promptly provided to the Board’s Contempt, Compliance and
Special Litigation Branch, 1015 Half Street, S.E., Fourth Floor, Washington, D.C. 20003.
X.

IT IS FURTHER ORDERED that, to verify and ensure compliance with this

Order, the Board may obtain discovery from any party, person or entity, in the manner
provided by the Federal Rules of Civil Procedure, upon any matter reasonably related to

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compliance with this Order. The failure to comply with discovery in the manner required
by the Federal Rules of Civil Procedure by Respondent shall be treated as contempt of
this Court.
XI.

IT IS FURTHER ORDERED that service of this Order on Respondent

Gaskins may be accomplished by delivering a copy to Respondent directly by mail,
overnight delivery, facsimile transmission, or email; and service on any other may be
accomplished by delivering a copy to such person or entity personally by employees or
agents of the Board, or by mail or overnight delivery, with signature acknowledging
receipt required, or via confirmed facsimile or email transmission.
XII. IT IS FURTHER ORDERED that unless and until Respondent provides
payment to the Board, as required under Paragraph I of this Order, Respondent
Gaskins is hereby restrained and enjoined from directly or through any other person or
entity, destroying, transferring, altering, erasing, concealing, disposing of, or in any
other manner making unavailable any books, records, electronically stored data or other
documents pertaining in whole or in part to Respondent, wherever those records may
be located.
XIII.

IT IS FURTHER ORDERED that any violation of this Order by

Respondent Gaskins or by any other party generally described herein who has notice of
this Order, may be punishable as contempt of this Court, upon application of the Board,
and sanctions for such contempt may include the assessment of compensatory fines to
be assessed in an amount equal to the extent of damage caused to the Board’s ability
to obtain satisfaction of the Court’s Judgment as a result of any transaction proscribed

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by this Order, the imposition of coercive fines, and the issuance of writs of body
attachment in order to compel compliance with this Order.
XIV.

IT IS FURTHER ORDERED that this Order, subject to such modifications

as may from time to time be made by this Court, shall remain in effect until such time as
Respondent Gaskins fully satisfies his financial obligations owed to the Board pursuant
to the Board’s Court enforced Order.
XV.

IT IS FURTHER ORDERED that any party may apply to the Court for

modification or vacatur of this Order, for good cause shown, on grounds of
hardship or necessity.
SO ORDERED.
Signed: November 17, 2016

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