LaHood v. R C Investments, Inc et al

Filing 13

CONSENT DECREE FOR ENTRY OF A PRELIMINARY INJUNCTION. See 4-page decree attached. Signed on 12/12/2011 by Judge Marco A. Hernandez. (mr)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

Case No.: ll-CV-1437-AC

RAY LaHOOD, Secretary of
Transportation,
Plaintiff,

CONSENT DECREE FOR ENTRY OF
A PRELIMINARY INJUCTION

vs.

R C INSTMENTS, INC. d//a
PRESTIGE LIMOUSINES, and
CHRISTOPHER S. CASTEEL,

Defendants.
CONSENT DECREE

FOR ENTRY OF A PRELIMINARY INJUCTION

This Consent Decree is entered between Plaintiff

Ray LaHood, Secretar of

Transportation ("the Secreta") and Chrstopher S. Casteel and R C Investments, Inc.

d/b/a Prestige Limousines, along with R C Investments, Inc.' s owners, parers,

shareholders, offcers, and members, (hereinafter "R C Investments" and with
Chrstopher S. Casteel, "Defendants"). The term "Paries" collectively refers to the
Secretar and the Defendants.

On November 29,2011, Plaintiff

moved the Cour for a Temporar Restraining

Order and Preliminar Injunction. On December 1, 2011, the Cour issued a Temporary
Restraining Order against Defendants and set a hearng on the Preliminar Injunction.

The Paries, by their respective undersigned representatives, now agree to the entr of a

Preliminar Injunction for the purose of resolving the issues raised in the Secretar's
pending motion.

NOW THEREFORE, based on the agreement ofthe Paries, it is ORDERED,
ADJUDGED, and DECREED as follows:

1. Defendants (and their officers, agents, servants, employees, and attorneys,
and persons with whom they are in active concer or paricipation) are required to comply

fully with the Federal Motor Carer Safety Administration's (FMCSA) Order to Cease
and Iminent Hazard Operations Out-of-Service Order, including but not limited to

provisions restrcting Defendants from leasing, selling, or transferrng any commercial
SA.

motor vehicle to any other pary without the prior wrtten approval of FMC

Defendants are enjoined from operating any commercial motor vehicle in or affecting
interstate commerce until these orders are rescinded by FMCSA.
2. Defendants (and their offcers, agents, serants, employees, and attorneys,

and persons with whom they are in active concer or paricipation) are enjoined from (a)
operating any commercial motor vehicle in or affecting interstate commerce that requires
operating authority registration from FMCSA and (b) contracting or aranging to operate
such commercial motor vehicles, uness and until Defendants obtain proper authority.
3. Defendants (and their offcers, agents, serants, employees, and attorneys,

and persons with whom they are in active concert or paricipation) are enjoined from

contracting or aranging with other motor carers for transportation of passengers in and
affecting interstate commerce unless the contracted motor carere s) possesses valid and
SA.

active operating authority registration from FMC

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4. Defendants (and their offcers, agents, servants, employees, and attorneys,
and persons with whom they are in active concert or paricipation) are enjoined from
applying for a new USDOT number and/or FMCSA operating authority registration
under any other name or in the name of any other legal entity.
5. Any of

the

Defendants' commercial motor vehicles that are in transit as of

date of the entry of this Consent Decree may proceed to the next scheduled stop where
the vehicle's passengers can be safety transferred, but upon the vehicle's arval,

operation of the vehicle must cease in accordance with paragraphs 1 through 3 above.
6. Paragraphs 1 and 2 shall expire when FMCSA's orders are rescinded and

Defendants obtain proper operating authority registration from FMCSA, respectively.
7. This Consent Decree resolves only the Secretar's Motion for a

Preliminar Injunction. This Consent Decree does not resolve any other past, present, or
future disputes between the Paries, including but not limited to proceedings for civil

penalties for violations of federal motor carer statues and regulations, and does not
restrct the Secretar from taking action pursuant to his lawful authority to enforce

federal motor carrer statutes and regulations.
the date it is signed

8. This Consent Decree is binding upon the Paries as of

by the Parties.

the Cour on the date it is

9. Ths Consent Decree becomes an Order of

approved.

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For R C Investments, Inc. and
Chrstopher S. Casteel

lsi John Spencer Stewar
JOHN SPENCER STEWART

For Ray LaHood, Secretar of

Transportation:

WEST
Assistant Attorney General
TONY

Stewar Sokol & Gray LLC
Attorneys for Defendants

S. AMNDA MARSHALL

OSB #711648

United States Attorney
District of Oregon

Dated: December 9, 2011

ARTHUR R. GOLDBERG
Assistant Branch Director
lsi Karen P. Seifer

KAEN P. SEIFERT
Trial Attorney
NATHAN M. SWINTON
Trial Attorney

United States Deparent of Justice
Civil Division, Federal Programs Branch
Attorneys for Plaintif

Dated: December 9,2011

IT is SO ORDERED.
Dated:

12/12/2011

/s/ Marco A. Hernandez
Judge Marco A. Hernández
United States Distrct Judge

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