Opinion
James D. Curran, Esq. (SBN 126586) Shashauna Szczechowicz, Esq. (SBN 249102) Wolkin · Curran, LLP Attorneys for Plaintiff PLATTE RIVER INSURANCE COMPANY
SLATER, HERSEY & LIEBERMAN, LLP, Scott Lieberman Elise K. Sara Attorneys for Defendants DEAN RICHARDS MARKS, and SARILEE MARKS
[PROPOSED] ORDER ON PLATTE RIVER INSURANCE COMPANY'S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRITS OF ATTACHMENT, OR IN THE ALTERNATIVE, FOR TEMPORARY PROTECTIVE ORDER
Edmund F. Brennan Magistrate Judge
The Application for Writ of Attachment to Right to Attach Order and Writs of Attachment, or in the Alternative, for Temporary Protective Order ("the Application"), filed by Plaintiff PLATTE RIVER INSURANCE COMPANY ("Platte River"), was heard by the Honorable Magistrate Judge Edmund F. Brennan on December 10, 2014.
James D. Curran of Wolkin • Curran, LLP appeared on behalf of Platte River, and Mark K. Slater of Slater Hersey & Lieberman, LLP appeared on behalf of Defendants DEAN RICHARD MARKS and SARILEE MARKS ("Defendants").
After considering all the papers filed in support of, and in opposition to, the Application, as well as oral argument by the parties' respective counsel, the Court ordered as follows.
1. Supplemental briefs, with references to specific real and personal property(ies), will be filed with the Court as follows:
1.1 Platte River will file a supplemental brief on or before January 20, 2015.
1.2 Defendants will file any opposition brief to Platte River's supplemental brief on or before February 3, 2015.
1.3 Platte River will file any reply brief on or before February 18, 2015.
2. Further hearing on the Application and the supplemental briefs will be at 10:00 am on February 18, 2015, before the Honorable Magistrate Judge Edmund F. Brennan in Courtroom 8 of the United States District Court, Eastern District of California, located at 501 I Street, Sacramento, California.
3. Up to and including February 18, 2015, the Court issues the following Temporary Protective Order, prohibiting Defendants from transferring or encumbering, directly or indirectly, any interest in any real property and personal property, as follows:
3.1 Defendants are prohibited from transferring or encumbering, directly or indirectly, any interest in any real property, subject to a two (2) week written notice to Platte River prior to any transfer or encumbrance.
3.2 Except for payments related to Defendants' ordinary bills (e.g., mortgage, utility, health, car, insurance, legal expenses in this case only), Defendants are prohibited from transferring or encumbering, directly or indirectly, any personal property or other assets with a value of Five Thousand Dollars ($5,000) or more.
3.3 Defendants shall be able to pay all ordinary bills (e.g., mortgage, utility, health, car, insurance, legal expenses in this case only) during the period of the Temporary Protective Order, subject to Defendants providing Platte River with an accounting of any payments that exceed Five Thousand Dollars ($5,000).
3.4 Defendants shall be able to pay the attorney's fees and costs in the total amount of ($5,000) incurred in the action filed in the District Court, County of Douglas, Colorado, Case No. 2013 CV 348 ("the Colorado Action"). Defendants shall provide Platte River with redacted (i.e., the substance of the attorney-client communications not shown) copies of all invoices for the attorney's fees and costs claimed to be paid under the $5,000.
IT IS SO ORDERED.