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16-5836 - Dong v. Miller et al


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16-5836 - Dong v. Miller et al
March 23, 2018
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MEMORANDUM & ORDER, The 47 Report and Recommendation is adopted in part and modified to the extent it is inconsistent with this Memorandum & Order. Plaintiff's motion for a preliminary injunction (Dkt. 5) is GRANTED IN PART. Defendants are enjoined from selling, pledging as security, or otherwise transferring or encumbering the ten-percent interest in 97 Grand that is the subject of Plaintiff's first equitable lien claim. Defendants are further enjoined from taking any action to reduce the value of this interest, such as altering the 97 Grand operating agreement or transferring or encumbering any of 97 Grand's assets outside the ordinary course of business. Plaintiff's motion for a preliminary injunction is otherwise DENIED. The TRO previously entered in this case is hereby dissolved. So Ordered by Judge Nicholas G. Garaufis on 3/22/2018. (Lee, Tiffeny)