Cowhig v. Megastore Auto Group, Inc. et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Lyndsey M. Cowhig
v. 	Civil No. 16-cv-515-PB
Megastore Auto Group, Inc., et al.
REPORT AND RECOMMENDATION
Following trial, a jury found Megastore Auto Group, Inc.
liable for sexual harassment and awarded Lyndsey M. Cowhig
$110,000 in total damages. 	See doc. no. 115. 	The Clerk of
Court entered judgment against Megastore in accordance with that
verdict. 	See doc. no. 116. 	Cowhig then filed a petition to
attach with notice, seeking to secure the jury verdict and any
attorney’s fees awarded by the court. 	See doc. no. 117. 1 	Judge
Barbadoro referred that petition to the undersigned magistrate
judge, and the Clerk of Court scheduled a hearing for June 26,
2018 at 2:30PM.
Megastore moves to continue the hearing by three days. 	See
doc. no. 124. 	In support of this request, Megastore represents
that its attorney and its president are not available on June
26. 	See id. ¶ 2. 	Cowhig objects and raises concerns that
1 Judge Barbadoro recently awarded Cowhig attorney’s fees
totaling $158,575.50. 	See June 12, 2018 Endorsed Order.
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Megastore has been offloading assets and that there may not be
sufficient assets remaining by the time of the hearing to
satisfy the judgment and the attorney’s fees award. 	See doc.
no. 125. 	To this end, Cowhig provides some evidence to suggest
that since the jury’s verdict, Megastore has reduced its
inventory of vehicles by approximately half. 	See id. ¶¶ 4-5;
doc. no. 125-1; doc. no. 125-2; doc. no. 125-3. 	Cowhig also
contends, and provides some evidence to support, that Megastore
began operating under a different corporate name during trial
and that, between May 30 and June 6, 2018, removed a reference
to “Megastore Auto Group, Inc.” from the sign at its facility.
See doc. no. 125 ¶ 6; doc. no. 125-3 ¶¶ 4-5.
Cowhig’s concerns appear to be non-frivolous and made in
good faith. 	Thus, while the court grants Megastore’s motion to
continue in a separate order, it recommends that Judge Barbadoro
immediately issue a temporary restraining order restricting
Megastore from transferring assets without prior approval of the
court. 	The court recommends that this order allow Megastore to
continue its normal business operations, but require that
Megastore deposit any sale proceeds or other income into a
separate account, which Megastore shall not disburse without
prior approval of the court. 	The court further recommends that
this order require Megastore to maintain a comprehensive
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inventory of all of its assets as of the date of this Report and
Recommendation, and to update that inventory should any changes
to those assets occur between June 19, 2018 and the hearing on
the petition to attach. 	The court recommends that the temporary
restraining order remain in effect until the hearing on the
petition to attach unless modified or vacated by subsequent
order.
__________________________
Andrea K. Johnstone
United States Magistrate Judge
June 19, 2018
cc: 	Jason R.L. Major, Esq.
Sean Robert List, Esq.
Robert M. Waters, Jr., Esq.
Samuel J. Donlon, Esq.
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