Filed: Jan. 03, 2019
Latest Update: Jan. 03, 2019
Summary: MEMORANDUM AND ORDER ANN M. DONNELLY , District Judge . On December 18, 2018, I issued a temporary restraining order enjoining the defendants, their officers, agents, servants, employees and attorneys from disbursing or expending any proceeds up to $38,262.19 of funds obtained in settlement of Cotto v. Hernandez Guzman, et al., Index No. 515803/2015 (N.Y. Sup. Ct. Kings County), and imposing a constructive trust up to $38,262.19 of the funds in the event the defendants receive funds from
Summary: MEMORANDUM AND ORDER ANN M. DONNELLY , District Judge . On December 18, 2018, I issued a temporary restraining order enjoining the defendants, their officers, agents, servants, employees and attorneys from disbursing or expending any proceeds up to $38,262.19 of funds obtained in settlement of Cotto v. Hernandez Guzman, et al., Index No. 515803/2015 (N.Y. Sup. Ct. Kings County), and imposing a constructive trust up to $38,262.19 of the funds in the event the defendants receive funds from ..
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MEMORANDUM AND ORDER
ANN M. DONNELLY, District Judge.
On December 18, 2018, I issued a temporary restraining order enjoining the defendants, their officers, agents, servants, employees and attorneys from disbursing or expending any proceeds up to $38,262.19 of funds obtained in settlement of Cotto v. Hernandez Guzman, et al., Index No. 515803/2015 (N.Y. Sup. Ct. Kings County), and imposing a constructive trust up to $38,262.19 of the funds in the event the defendants receive funds from the settlement. (ECF No. 4.) Based on the parties' further submissions and the preliminary injunction proceedings held on January 3, 2019, I find that there is a likelihood that funds belonging to the plaintiff will be disbursed, and that the disbursement, if not enjoined, will irreparably harm the plaintiffs claim to the funds. Accordingly, the temporary restraining order is converted to a preliminary injunction on the same terms.
The Court dispenses with the necessity of a bond or other security. See Fed. R. Civ. P. 65(c). This preliminary injunction binds only those who receive actual notice of it. See Fed. R. Civ. P. 65(d)(2).
SO ORDERED.
