United States District Court, S.D. Ohio, Western Division
Motorsports LTD Robert T. Nolan Managing Member Terrence M.
Donnellon, Esq. Donnellon Donnellon & Miller Attorney for
Defendant NSJ Motorsports LTD, Robert T. Nolan and Barbara
Harley-Davidson Credit Corp. Lawrence Cope Director,
Commercial Credit Daniel C. Fleming, Esq. Wong Fleming, P.C.
Attorneys for Plaintiff Harley-Davidson Credit Corp.
STIPULATION AND ORDER GRANTING MRXEY-DAVIDSON CREDIT
CORP.'S MOTION FOR TEMPORARY RESTRAINING ORDER. SETTING A
PRELIMINARY INJUNCTION HEARING. AND GRANTING EXPEDITED
DISCOVERY FOR A PERMANENT INJUNCTION HEARING
J. DLOTT UNITED STATES DISTRICT JUDGE.
MATTER was brought before the Court by Daniel C. Fleming of
Wong Fleming, P.C., Attorney for Plaintiff, Harley-Davidson
Credit Corp. ("HDCC"), upon notice to Defendants,
NSJ Motorsports, Ltd., Robert T. Nolan, and Barbara Nolan
Jones, by personal service, seeking relief by way of
temporary restraints pursuant to Fed.R.Civ.P. 65. The
Defendants having accepted and had an opportunity to review
with counsel, Terrence M. Donnellon, HDCC's Motion For
Temporary Restraining Order, Setting A Preliminary Injunction
Hearing, And Granting Expedited Discovery For A Permanent
Injunction Hearing (the "Motion") (Dkt. No. 4), the
Complaint with Exhibits (Dkt. No. 1 to Dkt. No. 1-6), the
Declaration of Mark Lamendola with Exhibits (Dkt. No. 4-2)
and the Memorandum of Law (Dkt. No. 4-1), join Plaintiff, to
enter into this Stipulation regarding Plaintiffs Motion
("Stipulation") and enter the Stipulation as a
Court order. Plaintiff and Defendants hereby stipulate as
1. For purposes of this Stipulation and these proceedings,
HDCC has been irreparably injured and has no adequate remedy
2. Defendant NSJ Motorsports, and all of its respective
officers, directors, stockholders, owners, registrants,
operators, agents, servants, employees, representatives and
attorneys, and all those in active concert or participation
with the Defendants, each of them, and all others who receive
notice of this Order, are hereby ENJOINED
from leasing, selling, transferring, consigning, auctioning,
dissipating, concealing, pledging, granting a security
interest in, or otherwise disposing of, any of the collateral
in which HDCC holds a security interest pursuant to the
Customer Financing Agreement entered between the parties (the
a. Defendants promptly, and no later than 24 hours after the
transaction, report all sales of Collateral to Plaintiff; and
b. Defendants promptly, and not later than 24 hours after
they receive sale proceeds, remit to Plaintiff the invoice
proceeds from sales of the Collateral.
3. Defendants will not create any further additional sales
out of trust of the Collateral.
4. Defendants will allow HDCC to conduct floorplan audits
without prior notice.
5. Defendants must produce a signed Asset Purchase Agreement
and Management Agreement by Thursday July 25, 2019.
6. This Stipulation shall have the effect of a Preliminary
Injunction as if the Court has ORDERED this Stipulation.
Defendants shall waive and shall not have the right to
dissolve or modify this Stipulation, except by court order or
as set forth herein. Plaintiff shall not be required to give
security for this Order.
7. Failure to comply with paragraphs 2-5 of this Stipulation
will result in a conversion of the Stipulation from a
Preliminary Injunction to a permanent injunction, with no
right to lease, sell, transfer, consign, auction, dissipate,
conceal, pledge, grant a security interest in, or otherwise
dispose of the Collateral (the "Permanent
Injunction") except by Court Order.
8. Upon Harley-Davidson Motor Company's rejection of the
Asset Purchase Agreement and Management Agreement, and
written notice to Defendants, this Stipulation will convert
from a Preliminary Injunction to a Permanent Injunction the
third business day after such notice, unless Defendants
obtain a temporary restraining order from a court to stay
9. If the Asset Purchase Agreement and Management Agreement
is dissolved or terminated for any reason after
Harley-Davidson Motor Company's approval but prior to
completion of the sale of all or substantially all of the
Defendants' assets, this ...