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LLC v. Scribner

United States District Court, D. Oregon, Portland Division

November 21, 2019

C6 CAPITAL FUNDING, LLC, a Utah limited liability company, Plaintiff,
v.
KELVIN B. SCRIBNER and LYNETTE J. SCRIBNER, husband and wife, Washington residents, Defendants.

          HILLIS CLARK MARTIN & PETERSON P.S. Brian C. Free, OSB #142077 Amit D. Ranade, OSB #080292 Attorneys for PlaintiffC6 Capital Funding, LLC

          THE DUBOFF LAW GROUP, P.C. Leonard D. DuBoff, OSB #774378 Edward T. Fu, OSB #113899 Attorneys for Defendants Kelvin and Lynette Scribner

          STIPULATION AND TEMPORARY RESTRAINING ORDER EXPEDITED HEARING REQUESTED

          MICHAEL W. MOSMAN, Chief United States District Judge.

         STIPULATION

         Plaintiff C6 Capital Funding, LLC ("C6 Capital") and Defendants Kelvin and Lynette Scribner stipulate as follows:

         A. C6 Capital has alleged that Defendants are in default of their obligations under the Scribner Guaranty described in the Complaint, and that Defendants' default has damaged C6 Capital in an amount not less than $689, 281.43. Defendants own real property in Hood River, Oregon commonly known as 1280 Alameda Road, Hood River, Oregon 97031 (the "Real Property"), which is legally described on Appendix A of this Order.

         B. Until December 13, 2019 (the "TRO Expiration Date") Defendants, as well as any others acting on their behalf, are restrained from doing any of the following:

a. Transferring any interest in the Real Property by sale, lease, assignment, encumbrance, pledge, grant of security interest, or other disposition unless Defendants obtain written consent of Plaintiff s counsel;
b. Impairing the value of the Real Property either by acts of destruction or by failure to care for the Real Property in a reasonable manner; and
c. To the extent Defendants have previously entered into a sale of the Real Property, conveying or distributing any sale proceeds to any person.

         C. This Order shall automatically terminate the TRO Expiration Date unless otherwise extended by this Court.

         D. This matter is set for a hearing on a preliminary injunction on December 12, 2019 at 2:30 p.m. Any response to the application and entry of a preliminary injunction shall be filed and served on or before December 5, 2019. Any reply shall be filed and served on or before December 10, 2019. Such preliminary injunction hearing shall constitute a show cause hearing for purposes of ORCP 83, and this Order shall provide all notice required under ORCP 83 of such hearing.

         ORDER

         It Is ...


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