United States District Court, D. Oregon, Portland Division
C6 CAPITAL FUNDING, LLC, a Utah limited liability company, Plaintiff,
KELVIN B. SCRIBNER and LYNETTE J. SCRIBNER, husband and wife, Washington residents, Defendants.
CLARK MARTIN & PETERSON P.S. Brian C. Free, OSB #142077
Amit D. Ranade, OSB #080292 Attorneys for PlaintiffC6 Capital
DUBOFF LAW GROUP, P.C. Leonard D. DuBoff, OSB #774378 Edward
T. Fu, OSB #113899 Attorneys for Defendants Kelvin and
STIPULATION AND TEMPORARY RESTRAINING ORDER EXPEDITED
MICHAEL W. MOSMAN, Chief United States District Judge.
C6 Capital Funding, LLC ("C6 Capital") and
Defendants Kelvin and Lynette Scribner stipulate as follows:
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
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.
Order shall automatically terminate the TRO Expiration Date
unless otherwise extended by this Court.
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.