May 23, LLC v. Tebon

Filing 7

ORDER re 2 MOTION for Preliminary Injunction filed by May 23, LLC, signed by Judge William C Griesbach on 10/03/2012. Defendants Cliff and Dianne Tebon are enjoined from removing the 2006 Dynasty Monaco Motor Home, VIN 1RF13561961036936, from the State of Wisconsin and from transferring, encumbering, altering, modifying or committing waste on said motor home until further order of the Court. Plaintiff is enjoined from pursuing replevin of the vehicle absent further order of the Court. This matter is scheduled for a hearing on October 11, 2012 at 9:30 a.m. Plaintiff shall file a brief in support of his motion for a Temporary Restraining Order on or before the end of business on October 4, 2012. Defendant may file a response on or before the end of business on October 10th. See Order for full detail. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MAY 23, LLC,
Plaintiff,
v.

Case No. 12-C-999

CLIFF TEBON and DIANNE TEBON,
Defendants.

ORDER

This is a diversity action seeking damages for theft of a motor home under Section 895.446
of the Wisconsin Statutes. The complaint alleges that the plaintiff limited liability company, a
citizen of Montana, entered into a contract with a Florida broker to sell on consignment a Monaco
motor home, which plaintiff had previously purchased for $269,000. According to the complaint,
the broker sold the motor home to the defendants, who are citizens of the State of Wisconsin, for
cash plus a trade-in. Plaintiff claims that the broker was not authorized to accept a trade-in and that
he has also failed to turn over to plaintiff the cash the defendants paid him. Plaintiff obtained a
judgment of replevin for the motor home in an action against the broker in a Florida court, but the
defendants were not named as parties to the action and never received notice. Along with its
complaint, plaintiff filed a motion for a temporary restraining order, preliminary injunction and
attachment to prohibit the defendants from removing the motor home from Wisconsin, and from
making any alterations to, or damaging the motor home while the action is pending.
Although the defendants had not been served, the Court set the matter on its calendar for
telephone hearing on October 2, 2012, to address plaintiff’s motion. Defendants appeared specially

by Attorney Stephen Kase and indicated the defendants had no objection to plaintiff’s motion to
the extent it enjoined them from committing waste, transferring or encumbering the motor home
for the brief time necessary to hold a hearing. Attorney Kase stated that his clients intended to
travel in the motor home sometime at the end of the month and opposed the motion to the extent
it would prevent them from using the motor home for that purpose. Attorney Kase also indicated
that the defendants wanted the plaintiff enjoined from pursuing its replevin action in state court
until the federal action was resolved. Based upon the discussion with counsel and the record in the
matter, the Court hereby enters the following order:
1.

Defendants Cliff and Dianne Tebon are enjoined from removing the subject motor
home, a 2006 Dynasty Monaco Motor Home, VIN 1RF13561961036936, from the
State of Wisconsin and from transferring, encumbering, altering, modifying or
committing waste on said motor home until further order of the Court.

2.

Plaintiff is enjoined from pursuing replevin of the vehicle absent further order of
the Court.

3.

This matter is scheduled for a hearing on the plaintiff’s motion for a Preliminary
Injunction on October 11, 2012 at 9:30 a.m. The above orders are intended to
maintain the status quo and the Court will address whether they should continue at
that time.

4.

In addition, plaintiff shall file a brief in support of his motion for a Temporary
Restraining Order on or before the end of business on October 4, 2012. Defendant
may file a response on or before the end of business on October 10th.

SO ORDERED this

3rd

day of October, 2012.
s/ William C. Griesbach
William C. Griesbach
United States District Judge

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