ONSITE AVIATION v. FLIGHT TEK, INC.

Full title: ONSITE AVIATION LLC, Plaintiff, v. FLIGHT TEK, INC., Defendant

Court: United States District Court, D. Kansas

Date published: Aug 1, 2003

Case No. 03-CV-02355-CM (D. Kan. Aug. 1, 2003)

Opinion

Case No. 03-CV-02355-CM

August 1, 2003

TEMPORARY RESTRAINING ORDER

CARLOS MURGUIA, District Judge

On this 1st day of August, 2003, this matter came before the Court on Plaintiff's combined Motion for Prejudgment Attachment and Temporary Restraining Order and Memorandum in Support. Counsel for plaintiff has verified the attempts to notify defendant and the Court finds that this Order should issue given the imminent threat posed by the conduct of defendant's agents. Having considered Plaintiff's Complaint, its Motion for Prejudgment Attachment and Temporary Restraining Order, the Memorandum in Support, the attached affidavits, and argument from counsel, the Court finds that immediate and irreparable injury, loss or damage to Plaintiff will occur in the absence if this Restraining Order. The Court finds that the Defendant's conduct in absconding with, converting, and secreting its assets threatens to frustrate Onsite's potential monetary judgments on the merits.

IT IS HEREBY ORDERED that Defendant, its owners, agents, representatives, shareholders, officers, and all persons acting in active concert or participation with defendant shall not dissipate, sell, assign, transfer, convert, or dispose of any of defendant's equipment and inventory.

IT IS FURTHER ORDERED that plaintiff's Motion for Prejudgment Attachment is granted and that an Attachment Order will issue only upon plaintiff's posting of the bond described below.

IT IS FURTHER ORDERED that in connection herewith, Plaintiff shall post a bond by 10:00 a.m. on August 5, 2003, in the amount of $506,000, either in cash or with good and sufficient surety, conditioned that if Plaintiff shall abide by the decision which shall be made in this cause and pay all sums of money, damages, and costs that shall be adjudged against him if the injunction shall be dissolved, then the obligation under such bond shall be void; otherwise, to be and remain in full force and effect.

This Order shall expire ten (10) days after the date on which it is entered, unless extended by a subsequent order from this Court.