American Honda Finance Corporation v. Bruce-Gilbert, Inc. et al

Filing 7

ORDER: Granting Motion for a Temporary Restraining Order 3 ; Granting Motion for a Preliminary Injunction 3 . Signed on 3/24/2011 by Magistrate Judge Thomas M. Coffin. (plb)

FILED'11 ~IAR 2413:40 USDC·ORE

UNITED STATES DISTRICT COURT DISTRICT OF OREGON Eugene Division

AMERICAN HONDA FINANCE CORPORATION, Plaintiff,

CV'11- 609 7
Case No. CV _ _ __ ORDER ON EX-PARTE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

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v.
BRUCE-GILBERT, INC. d/b/a HORIZON HONDA OF ROSEBURG; ROBERT G. ILER and DAVID L. GILBERT, Defendants.

This matter came before the Court on Plaintiff's Motion for Ex-Parte Temporary Restraining Order and Preliminary Injunction, pursuant to ORCP 82, FRCP 64 and FRCP 65. In and upon consideration of the Declaration of Russell Sheets, Plaintiff's Complaint, and all other pleadings on file herein, the Court finds that Plaintiff has no adequate remedy at law and is
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entitled to a temporary restraining order. Therefore, it is hereby ORDERED that, pending a show cause hearing on why a Writ of Replevin (claim and delivery) should not be issued, Defendant Bruce-Gilbert, Inc. d/b/a Horizon Honda of Roseburg ("Dealer"), Robert G. Her, and David L. Gilbert and their respective servants, agents, employees, representatives, and all persons acting in concert with them be restrained and enjoined from removing, transferring, dismantling, selling, pledging, encumbering, commingling, using, concealing, hiding or otherwise disposing of, or permitting to become subject to a security interest or lien, the Collateral, as described in Plaintiff's Complaint. IT IS FURTHER ORDERED that Plaintiff post a bond in the amount of /

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Submitted by: Bruce C. Hamlin, OSB #792542 [e-mail] Michael A. Yoshida, OSB #065631 [e-mail] MARTIN BISCHOFF TEMPLETON LANGSLET & HOFFMAN LLP 888 SW Fifth Avenue, Suite 900 Portland, OR 97204 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

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