LVB-Ogden Marketing LLC v. Bingham et al

Filing 299

MINUTE ORDER re: plaintiff's 297 Ex Parte Motion for Freeze Regarding Dissipation of Transfers From Fisher Trusts. Defendants are ORDERED TO SHOW CAUSE why this Court's 181 Order does not already prohibit Defendants Sharon Bingham a nd Henry Dean as Trustee of the Sharon Graham Bingham 2007 Trust from spending, transferring, causing to be transferred, distributing, delivering or otherwise dissipating any funds or assets received from the O.D. Fisher Trust or Nellie Hughes Fis her Trust during the pendency of this proceeding. Defendants response brief due on or before 3/11/2019. Plaintiffs reply brief due on or before 3/18/2019. Plaintiff's 297 MOTION is RENOTED to 3/18/2019. Authorized by Judge Thomas S. Zilly. (SWT)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

LVB-OGDEN MARKETING, LLC,

8
9
10

Plaintiff,
C18-243 TSZ
v.
MINUTE ORDER
DAVID S. BINGHAM, et al.,

11

Defendants.

12

The following Minute Order is made by direction of the Court, the Honorable
13 Thomas S. Zilly, United States District Judge:
(1)
Plaintiff has filed an Ex Parte Motion for Freeze Regarding Dissipation of
Transfers from Fisher Trusts, which seeks an order prohibiting Defendants Sharon
Bingham and Henry Dean as Trustee of the Sharon Graham Bingham 2007 Trust from
15
spending, transferring, causing to be transferred, distributing, delivering or otherwise
dissipating any funds or assets received from the O.D. Fisher Trust or Nellie Hughes
16
Fisher Trust during the pendency of this proceeding. Docket no. 297.
14

17

(2)
On December 7, 2018, this Court ordered that “as a matter of law that
Plaintiff is entitled to seize any distributions made or hereafter distributed to Sharon
18 Bingham and/or the SGB Trust from the Fisher Trusts.” Docket no. 182 at 11.
19

(3)
Defendants are ORDERED TO SHOW CAUSE why this Court’s
December 7, 2018 Order does not already prohibit Defendants Sharon Bingham and
20 Henry Dean as Trustee of the Sharon Graham Bingham 2007 Trust from spending,
transferring, causing to be transferred, distributing, delivering or otherwise dissipating
21 any funds or assets received from the O.D. Fisher Trust or Nellie Hughes Fisher Trust
during the pendency of this proceeding. If Defendants believe the Court’s December 7
22 Order does not already prohibit dissipation of Fisher Trust assets, Defendants are
23
MINUTE ORDER - 1

1 additionally ordered to show cause why the Court should not grant Plaintiff’s ex parte
motion for a freeze.
2
(4)
Defendants shall file a response brief of not more than fifteen (15) pages on
3 or before Monday, March 11, 2019. Plaintiff shall file a reply brief of not more than ten
(10) pages on or before Monday, March 18, 2019.
4
(5)
Plaintiff’s motion, docket no. 297, is re-noted to Monday, March 18, 2019.
5
6

(6)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 4th day of March, 2019.
7
8

William M. McCool
Clerk

9
s/Karen Dews
Deputy Clerk

10
11
12
13
14
15
16
17
18
19
20
21
22
23
MINUTE ORDER - 2