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Yazaki North America, Inc. v. Ueda

United States District Court, E.D. Michigan, Southern Division

August 17, 2016

YAZAKI NORTH AMERICA, INC., Plaintiff,
v.
MICHIYUKI UEDA, et al., Defendants.

          Yazaki North America, Inc., Plaintiff, represented by Joseph G. Vernon, Miller, Canfield, .

          ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER (document no. 2)

          STEPHEN J. MURPHY, III, District Judge.

         The present matter having come before the Court on Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction, ECF No. 2; the Court having heard oral argument on the motion on August 17, 2016; and the Court being otherwise fully advised in the premises: for the reasons stated on the record, the Court finds that good cause exists for the issuance of a Temporary Restraining Order pursuant to Civil Rule 65, that Plaintiff has demonstrated a likelihood that Defendants have engaged in the alleged conduct and, if not enjoined, Defendants may transfer their assets to Japan, or otherwise conceal, liquidate, or dissipate these assets and destroy evidence. The Court further finds that Plaintiff will be irreparably harmed if Defendants are not enjoined from doing so; and that no security is required of Plaintiff for the issuance of a temporary restraining order under Civil Rule 65(c). The Court further finds that good cause exists for the issuance of the instant Order pursuant to Civil Rule 65(b) without notice, and the Order is hereby granted without notice to prevent the Defendants from dissipating assets before the Court has had an opportunity to enter a temporary restraining order.

         ORDER

         WHEREFORE, it is hereby ORDERED that Plaintiff's Ex Parte Motion for Temporary Restraining Order (document no. 2) is GRANTED. The Court will not enter a Preliminary Injunction at this time.

         IT IS FURTHER ORDERED that all Defendants[1] and their officers, directors, agents, servants, employees, subsidiaries, parents, affiliates, successors, assigns, and those persons in active concert or participation with them are hereby temporarily RESTRAINED and ENJOINED from directly or indirectly:

1. Selling, liquidating, assigning, transferring, converting, loaning, encumbering, pledging, dissipating, concealing, spending, withdrawing, or otherwise disposing of any money, funds, real or personal property, or other Assets[2] or any interest therein, wherever located, including any Assets outside the territorial United States, which are:
a. In the actual or constructive possession of any Defendant; or
b. Owned or controlled by, or held, in whole or in part for the benefit of, or subject to access by, or belong to, any Defendant; or
c. In the actual or constructive possession of, or owned or controlled by, or subject to access by, or belong to, any corporation, partnership, trust or other entity directly or indirectly under the control of any Defendant.
2. Opening or causing to be opened any safe deposit boxes titled in the name of any Defendant, or subject to access by any Defendant.
3. Notwithstanding the above, any individual Defendant may pay from his personal funds reasonable, usual, ordinary, and necessary living expenses not to exceed $5, 000. Defendants may also conduct normal day-to-day business activities and payment of trade payables, not to exceed $5, 000, with the exception of reasonable attorney fees incurred in defense of the instant action.

         IT IS FURTHER ORDERED that the funds, property, and Assets affected by the instant Order shall include both existing assets and assets acquired after the effective date of the instant Order, including without limitation, those acquired by loan or gift.

         IT IS FURTHER ORDERED that, pending determination of Plaintiff's request for a preliminary injunction, any bank, savings and loan, financial or brokerage institution, fund, escrow agent, trustee, mail receipt facility, or other person or entity served with a copy of the instant Order, or who otherwise has actual knowledge of the instant Order, that has possession, custody, or control of any account or Asset held on behalf of, or relating or belonging to, any Defendant, shall HOLD and RETAIN within such entity's or person's control, and PROHIBIT the withdrawal, removal, assignment, transfer, pledge, encumbrance, disbursement, dissipation, conversion, ...


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