Saxbys Coffee Worldwide, LLC v. Larson et al

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: SAXBY’S COFFEE WORLDWIDE, LLC : Chapter 11
:
Debtor(s) : Bky. No. 09-15898 ELF
:
:
SAXBY’S COFFEE WORLDWIDE, LLC :
:
Plaintiff(s) :
:
v. :
: Adv. No. 09-0340
JOHN LARSON, et al. :
:
Defendants :
:
O R D E R
AND NOW, upon consideration of the Debtor’s Motion for Preliminary Injunction (“the
Motion”) and the responses thereto, and after a hearing, and for the reasons set forth in the
accompanying Memorandum, it is hereby ORDERED that:
1. The Motion is GRANTED IN PART AND DENIED IN PART.
2. Effective immediately upon the entry of this Order, the following Defendants, are
PRELIMINARILY ENJOINED from commencing or continuing any judicial,
administrative, or other legal action or legal proceeding against Nick Bayer (“Bayer”),
Joseph Grasso (“Grasso”) and Kevin Meakim (“Meakim”) that was or could have been
commenced before August 5, 2009, or to take any other action against Nick Bayer, Joseph
Grasso and Kevin Meakim to recover a claim against any or all of them that arose before
August 5, 2009:
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John Larson,
Greg Bayer,
Douglas Fabschutz,
Simon Fabschutz,
Irene Fabschutz,
Andrew Field,
Gary Fabschutz,
Marshall J. Katz
Segal McCambridge Singer & Mahoney, Ltd.
Kamros Holdings, LLC
The Exchange Ontario Center, Inc.
Jennifer Larson
Goodwill Investments, LLC
3. On or before December 18, 2009, Nick Bayer shall provide a written, personal financial
statement to every Defendant that holds a judgment against him entered in any court in any
jurisdiction. On or before December 18, 2009, Joseph Grasso shall provide a written,
personal financial statement to every Defendant that holds a judgment against him entered
in any court in any jurisdiction. On or before December 18, 2009, Kevin Meakim shall
provide a written, personal financial statement to every Defendant that holds a judgment
against him entered in any court in any jurisdiction.
4. The financial statements required by Paragraph 3 shall be signed under penalty of perjury
and shall set forth the information that would be included in Schedules A-G of the
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bankruptcy schedules that Bayer, Grasso and/or Meakim would be obligated to file with
the bankruptcy court were they debtors in a case under title 11 of the U.S. Code. See Fed.
R. Bankr. P. 1007(b).
5. If Bayer, Grasso and/or Meakim fail to comply with the requirements of Paragraphs 3-4,
any Defendant aggrieved by that failure may seek expedited relief in this court to terminate
Paragraph 2 of this Order.
6. If not terminated by a prior court order, Paragraph 2 shall terminate on February 15,
20010, unless extended by further order of this court.
7. A hearing is scheduled on February 12, 2010, at 9:30 a.m., in Bankruptcy Courtroom
No. 1, U.S. Courthouse, 900 Market Street, Philadelphia, PA to consider whether to
extend the term of Paragraph 2.
8. In all other respects, the Motion is DENIED.
9. Pursuant to Fed. R. Bankr. P. 7065, the Debtor is relieved from posting any security
pursuant to Fed. R. Civ. P. 65(c).
10. The Debtor shall be responsible for providing notice of this Order under Fed. R. Civ. P.
65(d)(2) (incorporated by Fed. R. Bankr. P. 7065).
Date: December 4, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
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