Travelers Casualty And Surety Company Of America v. Williams Brother Inc et al
Filing
196
TEMPORARY RESTRAINING ORDER. Signed by Judge Lloyd D. George on 2/28/2013. (Copies have been distributed pursuant to the NEF - DXS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA,
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Plaintiff,
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TEMPORARY RESTRAINING
ORDER
v.
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2:12-cv-0058-LDG-RJJ
WILLIAMS BROTHER, INC., et al.,
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Defendants.
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On January 28, 2013, plaintiff Travelers Casualty and Surety Company of America filed an
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application for order to show cause and motion for order segregating and sequestering collateral
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(tax refunds) from defendants Brenda Compton Peek and Michael L. Peek (#172, response #179).
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Travelers argues that pursuant to the general agreements of indemnity, it is entitled to, and has
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perfected a security interest in, general intangibles of the Peeks, including any federal income tax
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refunds for the tax years 2010, 2011 and 2012. Travelers asks the court, pursuant to NRS 31.850
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and 31.853, to issue an order to show cause why the refunds should not be deposited in the registry
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of the court, and an affirmative injunction to cause others associated with the Peeks to alienate or
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encumber any such funds in their possession. The Peeks have opposed the application on the
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ground that the affidavits in support do not strictly comply with NRS 31.850.
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There is no dispute that the actual value of the refunds (which is required to be identified in
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the affidavit) is not known to Travelers, as there is currently before the magistrate judge a motion
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to compel discovery of the tax returns. While the tax refunds for the years at issue appear to be
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subject to the general agreement of indemnity, the court finds it premature to act upon the
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application pending the ruling on the disclosure of the value of the refunds through the tax returns.
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However, given the record in this case which involves questionable conversion of collateral by
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defendants, and pursuant to NRS 31.859 and the court’s affirmative injunctive authority, the court
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will issue a temporary restraining order to preserve the refunds in question pending the outcome of
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the application for an order to show cause or other injunctive relief. Accordingly,
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THE COURT HERE ORDERS that, pending a determination on the application for order
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to show cause and motion for order segregating and sequestering collateral (tax refunds),
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defendants Brenda Compton Peek and Michael L. Peek, their officers, agents, servants, employees
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and attorneys and those in act and concert or participation with them are restrained, enjoined and
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ordered to not spend, divert, transfer, lien or otherwise encumber any federal income tax refund of
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defendants Brenda Compton Peek or Michael L. Peek for the tax years 2009 through 2012 if it
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comes into their possession.
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Dated this ____ day of February, 2013.
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________________________
Lloyd D. George
United States District Judge
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