Emerson Climate Technologies, Inc. v. M.P.D., Inc.

Filing 10

DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR AN ORDER OF IMMEDIATE POSSESSION (REPLEVIN) (DOC. # 6 ); ORDER OF IMMEDIATE POSSESSION PURSUANT TO OHIO REVISED CODE § 2737.04 - Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED T HAT: 1. Plaintiff Emerson Climate Technologies, Inc., is entitled to, and is herebygranted immediate possession of the following Equipment, currently in possession of Defendant, M.P.O., Inc.: a husky hot runner mold base (Purchase Order No. 274683) ; an overmold degating fixture (Purchase Order No. 371128); a pressure transducer (Purchase Order No. 274685); an end of arm robotics (Purchase Order No. 274686); certain overmold insert dies (Purchase Order Nos. 370708 - 370711 ); certain prototype tooling (Purchase Order Nos. 0365818PEN and 0356826PEN); a cav & core (Purchase Order No. 0368257PEN); a core (Purchase Order No. 0368257PEN); degating dies Purchase Order No. 0376264PEN); a punch die set (Purchase Order No. 037678 6PEN); 2 trim die sets (Purchase Order No. 0380692PEN); c-shaped bushing 4 cavity mold; counterweight cup 8 cavity mold; and counterweight cup 4 cavity mold. 2. Based on Ohlsen's Affidavit, the value of this Equipment is $280,14 1.78.Pursuant to Ohio Revised Code § 2737.10, this Order w ill not become effective until Plaintiff files with this Court a Bond, in favor of Defendant, M.P.O., Inc., executed by its surety in the amount of $560,283.56. 3. Pursuan t to Ohio Revised Code § 2737.08(B), upon Plaintiff posting the Bond, Defendant shall deliver possession of the Equipment to Emerson Climate Technologies, Inc., at 1675 W. Campbell Road, Sidney, Ohio 45365, within 14 days of the date of this Ord er. In the alternative, within that same time period, Defendant may file a bond in favor of Plaintiff, Emerson Climate Technologies, Inc., executed by its surety in the amount of $560,283.56, pursuant to Ohio Revised Code § 2737.11. 4. The hearing previously scheduled at 1:30 p.m. on January 8, 2016, is cancelled as moot. Signed by Judge Walter H. Rice on 1/5/2015. (srb)