Supply Source, Inc. et al v. Lu, et al

Filing 19

SECOND AMENDED TEMPORARY RESTRAINING ORDER. See 3-page order attached. Signed on 6/16/2014 by Judge Marco A. Hernandez. (mr)

John A. Berg, OSB No. 120018
LITTLER MENDELSON, P.C.
121 SW Morrison, Suite 900
Portland, OR 97204
Telephone:
503 .221.0309
Fax No. :
503.242.2457
[e-mail]
Attorneys for Defendants

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
SUPPLY SOURCE, INC., an Oregon
Corporation, and SUPPLY SOURCE
INTERNATIONAL (SHANGHAI) CO.,
LTD., a Chinese corporation,

Case No. 3:14-CV-00372 -f-'U.

Plaintiffs,
v.
LU Y ANGFEI, aka FANNY LU and WU
YA GANG, aka DICKEY WU, JOHN
AND JANE DOES 1-5,

SECOND AMENDED TEMPORARY
RESTRAINING ORDER

Defendants.

To DEFENDANT LU YANFEI, aka FANNY LU, by and through her counsel of record.
This Second Amended Temporary Restraining Order modifies and replaces the Order
dated April 1, 2014 (Dkt. No. 14).
PENDING DISMISSAL OF THIS MATTER OR ANY SHOW CAUSE HEARING ON
A PRELIMINARY INJUNCTION, whichever is sooner, you ARE HEREBY RESTRAINED
AND ENJOINED as follows:

Page 1 - SECOND AMENDED TEMPORARY
RESTRAINING ORDER

LITILER MENDELSON, PC
121 SW Morrison, Suite 900
Portland, OR 97024
Tel : [phone]

a.

Unless otherwise ordered by the Court, you are restrained and enjoined

from directly or indirectly liquidating, transferring, encumbering or sequestering
all domestic assets (including real estate and bank funds) - whether the assets are
owned by you directly or indirectly, through an entity owned by you or through a
trust, individually, or jointly with some other individual or entity -- with three
exceptions: (1) you are free to liquidate, transfer, encumber or sequester assets
with a fair market value ofless than $500 USD; (2) you are free to transfer and
consolidate any of your domestic bank funds into any account(s) solely under
your name (the "consolidated account(s)"), and (3) you are free to transfer
amounts from any consolidated account(s) to payees that are stipulated in writing
between your counsel, John Berg, and Plaintiffs' counsel, William Drew, as
counsel may agree.
b.

Unless otherwise ordered by the Court, you are restrained and enjoined

from directly or indirectly liquidating, transferring, encumbering or sequestering
any foreign assets (including real estate and bank funds, but excluding any assets
with a fair market value ofless than $500 USD) - owned by you individually,
whether directly or indirectly, through an entity owned by you or through a trust unless otherwise ordered by the Court; provided, however that nothing in this
injunction prevents any act of any sort by a third-party foreign citizen or foreign
business in relation to its/her/his foreign assets, whether owned individually, or
jointly with you; and
This Amended Temporary Restraining Order is immediately effective and shall supersede
the Order dated April 1, 2014 (Dkt. No. 14). Plaintiffs' existing $300,000.00 bond shall remain

Page 2 - SECOND AMENDED TEMPORARY
RESTRAINING ORDER

LITILER MENDELSON, PC
121 SW Morrison, Suite 900
Portland, OR 97024
Tel: [phone]

in effect pending the dismissal of this matter or any show cause hearing regarding a preliminary
injunction, whichever is sooner.
This Second Amendment to the Temporary Restraining Order (Dkt. No. 17) need not be
served on Defendant Lu. It is entered by stipulation of the parties. Defendant Lu specifically
denies the allegations within Plaintiffs' First Amended Complaint (Dkt. No. 4) and Plaintiffs'
Motion and Memorandum in Support of Temporary Restraining Order and accompanying
declarations (Dkt. Nos. 5-9); and this stipulation to modify the temporary restraining order shall
not be admissible as evidence as to the truth of the allegations contained therein, or any other
allegations by Plaintiffs relating to the merits of Plaintiffs' claims.
DATED this /{., day of June, 2014.

~z

United States District Court Judge

Page 3 - SECOND AMENDED TEMPORARY
RESTRAINING ORDER

LITTLER MENDELSON, PC
121 SW Morrison, Suite 900
Portland, OR 97024
Tel : [phone]