Filed: Jul. 30, 2018
Latest Update: Jul. 30, 2018
Summary: JUDGMENT AND PERMANENT INJUNCTION PERCY ANDERSON , District Judge . In accordance with the Court's July 30, 2018 Order granting the Motion for Default Judgment filed by plaintiffs 19th Capital Group, LLC and Celadon Trucking Services, Inc. (collectively "Plaintiffs"), IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant 3 GGG's Truck Lines, Inc. ("3GGG") shall pay to Plaintiffs $637,972 in payments in arrears and payments remaining on the Lease Agreement; $23,307 in recovery costs; a
Summary: JUDGMENT AND PERMANENT INJUNCTION PERCY ANDERSON , District Judge . In accordance with the Court's July 30, 2018 Order granting the Motion for Default Judgment filed by plaintiffs 19th Capital Group, LLC and Celadon Trucking Services, Inc. (collectively "Plaintiffs"), IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant 3 GGG's Truck Lines, Inc. ("3GGG") shall pay to Plaintiffs $637,972 in payments in arrears and payments remaining on the Lease Agreement; $23,307 in recovery costs; an..
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JUDGMENT AND PERMANENT INJUNCTION
PERCY ANDERSON, District Judge.
In accordance with the Court's July 30, 2018 Order granting the Motion for Default Judgment filed by plaintiffs 19th Capital Group, LLC and Celadon Trucking Services, Inc. (collectively "Plaintiffs"),
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant 3 GGG's Truck Lines, Inc. ("3GGG") shall pay to Plaintiffs $637,972 in payments in arrears and payments remaining on the Lease Agreement; $23,307 in recovery costs; and $16,825.58 in attorneys' fees;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 3GGG shall pay Plaintiffs postjudgment interest at the interest rate established by 28 U.S.C. § 1961;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs' claim for fraud and deceit is dismissed without prejudice;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants 3GGG and Miguel A. Roque (collectively "Defendants") shall deliver possession of the Vehicles, identified in the attached Exhibit A, to Plaintiffs forthwith;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pending delivery of the Vehicles to Plaintiffs, Defendants, along with their officers, agents, servants, employees, attorneys, and all other persons acting in concert or participation with them, be and hereby are enjoined, restrained, and prohibited, from
a. Transferring the Vehicles, or any of them to any location other than 3GGG's current business premises or such other location(s) as Plaintiffs may designate;
b Transporting the Vehicles to non-disclosed locations; across state lines and/or across international borders;
c. Selling; leasing; hypothecating or otherwise purporting to transfer legal rights in and to the Vehicles, or taking any steps to do so;
d. Failing to maintain the Vehicles in a safe and secure location;
e. Operating the Vehicles, or any of them, without adequate insurance in place to cover damage, theft, or other loss to the Vehicles, or any of them;
f. Failing to allow Plaintiffs access to the Vehicles for purposes of inspection, at a reasonable time and in a reasonable manner, and upon written notice at least one week in advance of any such access;
g. Using any of the Vehicles for transportation of hazardous materials or illegal substances; and
h. Taking any action that in any manner causes damage to the Vehicles or further harms the rights of Plaintiffs in and to the Vehicles.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that for each Vehicle not recovered by Plaintiffs by November 26, 2018, Plaintiffs are awarded $17,500 against Defendants, jointly and severally;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Judgment is in Plaintiffs' favor; and
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall have their costs of suit.
EXHIBIT A
UNIT YEAR MAKE MODEL VIN #
1. 248848 2012 Great Dane Dry Van 1GRAP0624CT567488*
2. 250526 2012 Wabash Dry Van 1JJV532D9CL620235
3. 248712 2012 Great Dane Dry Van 1GRAP0621CT567352
4. 249379 2012 Great Dane Dry Van 1GRAP0628CT569454
5. 248651 2012 Great Dane Dry Van 1GRAP0627CT567291*
6. 249157 2012 Great Dane Dry Van 1GRAP0626CT567797
7. 249290 2012 Great Dane Dry Van 1GRAP0624CT567930
8. 249159 2012 Great Dane Dry Van lGRAP062XCT567799
9. 248755 2012 Great Dane Dry Van 1GRAP0628CT567395
10. 248603 2012 Great Dane Dry Van lGRAP0627CT567243*
11. 248592 2012 Great Dane Dry Van 1GRAP0622CT567232*
12. 251040 2012 Wabash Dry Van 1JJV532D7CL620749*
13. 250448 2012 Wabash Dry Van 1JJV532D4CL620157
14. 249441 2012 Great Dane Dry Van 1GRAP0624CT569516
15. 249130 2012 Great Dane Dry Van 1GRAP0628CT567770
16. 249723 2012 Wabash Dry Van 1JJV532D4CL558047
17. 250534 2012 Wabash Dry Van 1JJV532D8CL620243
18. 248798 2012 Great Dane Dry Van 1GRAP0620CT567438
19. 250347 2012 Wabash Dry Van 1JJV532D3CL558671
20. 248766 2012 Great Dane Dry Van 1GRAP0629CT567406
21. 249807 2012 Wabash Dry Van 1JJV532D4CL558131
22. 250454 2012 Wabash Dry Van 1JJV532DXCL620163
23. 249246 2012 Wabash Dry Van 1GRAP0625CT567886
24. 250602 2012 Wabash Dry Van 1JJV532DXCL620311
25. 250765 2012 Wabash Dry Van 1JJV532D5CL620474
* denotes Celadon Vehicles
