TCF Inventory Finance, Inc. v. Seattle Home Appliance, LLC

Filing 16

ORDER TO APPEAR AND SHOW CAUSE WHY PLAINTIFF SHOULD NOT BE GRANTED IMMEDIATE POSSESSION OF COLLATERAL; granting 3 Motion for Order to Show Cause; Motion Hearing set for 2/24/2017 at 10:00 AM before Judge Richard A Jones re 6 MOTION for Order Granting Plaintiff Immediate Possession of Collateral by Judge Richard A Jones.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TCF INVENTORY FINANCE, INC.,
Plaintiff,

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v.

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SEATTLE HOME APPLIANCE, LLC,
THOMAS HENRY BEARDSLEE and
SHELLY MAE GILLOTT BEARDSLEE,

No. 2:17-cv-124-RAJ
[PROPOSED] ORDER TO APPEAR
AND SHOW CAUSE WHY PLAINTIFF
SHOULD NOT BE GRANTED
IMMEDIATE POSSESSION OF
COLLATERAL

Defendants.

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To:
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Seattle Home Appliance, LLC
c/o Registered Agent: Tom Beardslee
5049 S. Tacoma Way
Tacoma, Washington 98409

THIS MATTER came before the Court on Plaintiff’s Ex Parte Motion for Order to

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Appear and Show Cause Why Plaintiff Should Not Be Granted Immediate Possession of

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Collateral (the “Motion”). Dkt. # 3. The Court GRANTS this motion.
The Court reviewed the pleadings filed herein, including the Motion, the Complaint for

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Breach of Contract, Breach of Guaranty and Replevin (the “Complaint”), and the Declaration of

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Kristi Tarlin in support of Plaintiff’s Motion for Order Granting Plaintiff Immediate Possession

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of Collateral (the “Tarlin Declaration”).
Having been fully advised, the Court finds and concludes that Plaintiff alleged in the

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Complaint a claim against defendant Seattle Home Appliances, LLC for replevin under Chapter
[PROPOSED] ORDER TO APPEAR AND SHOW CAUSE WHY
PLAINTIFF SHOULD NOT BE GRANTED IMMEDIATE
POSSESSION OF COLLATERAL - 1
Case No. 2:17-cv-124
51582051.1

FOSTER PEPPER PLLC 
1111 THIRD AVENUE, SUITE 3000 
SEATTLE, WASHINGTON  98101‐3292 
PHONE (206) 447‐4400   FAX (206) 447‐9700 

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7.64 RCW, Plaintiff is entitled under RCW 7.64.010 to claim and obtain immediate delivery of

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the Subject Collateral after a hearing, Plaintiff is entitled under RCW 7.64.020 to apply to this

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Court for an order directing Seattle Home Appliances, LLC to appear and show cause why an

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order putting Plaintiff in immediate possession of the Subject Collateral should not be issued,

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and the Tarlin Declaration satisfies the requirements of RCW 7.64.020(2). Now, therefore,

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IT IS HEREBY ORDERED that:

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A hearing will be held on Plaintiff’s Motion for Order Granting Immediate Possession of

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Collateral on Friday, February 24, 2017 at 10:00 a.m. before the Honorable Richard A. Jones

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in the United States District Court for the Western District of Washington, 700 Stewart Street,

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Courtroom 13A, Seattle, Washington 98101. Seattle Home Appliance, LLC must appear at the

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hearing and show cause why this Court should not enter an order granting Plaintiff immediate

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possession of the Subject Collateral as described in the Complaint, Motion and Tarlin

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Declaration.

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UPON THE FAILURE OF DEFENDANTS TO APPEAR and show cause on the date

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and time specified by this Order, the Court will grant the relief requested by Plaintiff in its

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Motion for Order Granting Plaintiff Immediate Possession of Collateral. If an order awarding

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possession to Plaintiff pursuant to RCW 7.64.035(1) is issued, failure to turn over possession of

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the Subject Collateral to the United States Marshal may subject Seattle Home Appliances, LLC

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to being held in contempt of court.

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Plaintiff must serve a certified copy of this Order along with Plaintiff’s underlying brief

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and declaration on Defendants no later than five (5) days before the hearing. RCW

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7.64.020(4).

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DATED this 10th day of February, 2017.

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A

The Honorable Richard A. Jones
United States District Judge

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[PROPOSED] ORDER TO APPEAR AND SHOW CAUSE WHY
PLAINTIFF SHOULD NOT BE GRANTED IMMEDIATE
POSSESSION OF COLLATERAL - 2
Case No. 2:17-cv-124
51582051.1

FOSTER PEPPER PLLC 
1111 THIRD AVENUE, SUITE 3000 
SEATTLE, WASHINGTON  98101‐3292 
PHONE (206) 447‐4400   FAX (206) 447‐9700