Auto Owners Insurance Company v. Randy B Terry Inc et al, No. 5:2012cv02717 - Document 17 (N.D. Ala. 2013)

Court Description: PRELIMINARY INJUNCTION ORDER in accordance with memorandum opinion, granting 11 Pla's Motion for Partial Default Judgment; dfts SHALL w/i 10 days deposit with Clerk of Court sum of $263,000 as a security deposit, immediately allow pla a ccess as set out, and be prohibited from selling, leasing, liening, encumbering, damaging, destroying, or otherwise dissipating or disposing of dfts' equipment, inventory, accounts, intangibles, and other assests pending entry of final judgment in this action; this action is REFERRED to Magistrate for calculation of final default judgment. Signed by Judge R David Proctor on 12/16/13. (ASL)
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Auto Owners Insurance Company v. Randy B Terry Inc et al Doc. 17 FILED 2013 Dec-16 PM 02:41 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. RANDY B. TERRY, INC.; RANDY B. TERRY, Defendants. } } } } } } } } } } } Case No. 5:12-CV-02717-TMP PRELIMINARY INJUNCTION ORDER In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff's Motion for Partial Default Judgment (Doc. # 11) is GRANTED. Defendants SHALL: 1. Within ten (10) days, deposit with the Clerk of Court the sum of $263,000 as a security deposit against the sums to which Auto-Owners will be entitled for indemnification; 2. Immediately allow Plaintiff access to, and make available, all records, accounts, and documents relevant to Defendants’ business and the contract with the Lawrence County Commission; and 3. Be prohibited from selling, leasing, liening, encumbering, damaging, destroying, or otherwise dissipating or disposing of Defendants’ equipment, inventory, accounts, intangibles, and other assets pending entry of a final judgment in this action. This action is REFERRED to the Magistrate Judge for calculation of a final default judgment once Plaintiff submits evidence of the amount claimed after its completes its audit. Dockets.Justia.com DONE and ORDERED this 16th day of December, 2013. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2