J.E. Robert Company et al. v. LLC (2010)

ORDER GRANTING PREJUDGMENT REMEDY

WHEREAS, the applicant, Plaintiff Shaw's New London, LLC (“SNL”), has made application for a prejudgment remedy to attach property and assets of defendants Maureen Julian, Andrew J. Julian, Michael Murray and Stephanie Lord Drake (collectively, the “Guarantor Defendants”);  and

WHEREAS, after hearing it is found that there is probable cause that a judgment in the amount of $7,308,400, taking into account any known defenses, counterclaims or set offs, will be rendered in favor of SNL and that SNL's application should be granted, it is hereby:

ORDERED, that the following prejudgment remedy is hereby awarded in favor of SNL:

That SNL may attach and/or garnish to the value of $7,308,400, in the aggregate, any and all property and/or assets of the Guarantor Defendants including, without limitation, any property and/or assets, whether real or personal, tangible or intangible, of any kind whatsoever, whether or not currently known to SNL and whether or not disclosed by the Guarantor Defendants pursuant to SNL's Motion for Disclosure of Assets;  and specifically any and all of each and every one of the Guarantor Defendants' ownership interests in:

(a) 698 Bank Street, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in 698 Bank Street, LLC, including proceeds from sale or any property owned by 698 Bank Street, LLC, including the proceeds of the apparent sale in December 2009 of the real property owned by 698 Bank Street, LLC, commonly known as the “Walgreen's Parcel.”

(b) 668 Bank Street, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in 668 Bank Street, LLC, including proceeds from the sale of any property owned by 668 Bank Street, LLC.

(c) 280 Atlantic Street, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in 280 Atlantic Street, LLC, including proceeds from the sale of any property owned by 280 Atlantic Street, LLC.

(d) Julian Investments, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in Julian Investments, LLC, including proceeds from the sale of any property owned by Julian Investments, LLC.

(e) Julian Enterprises, Inc., including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in Julian Enterprises, Inc., including proceeds from the sale of any property owned by Julian Enterprises, Inc.

(f) Knowlton Associates, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in Knowlton Associates, LLC, including proceeds from the sale of any property owned by Knowlton Associates, LLC.

(g) A.   Julian Companies, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in A. Julian Companies, LLC, including proceeds from the sale of any property owned by A. Julian Companies, LLC.

(h) Julian Development, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in Julian Development, LLC, including proceeds from the sale of any property owned by Julian Development, LLC.

(i) 1289 Foxon Road, LLC, including but not limited to any and all present and future shares of any and all distributions, profits, credits, drawings, or payments due to any of the Guarantor Defendants by virtue of their interest in 1289 Foxon Road, LLC, including proceeds from the sale of any property owned by 1289 Foxon Road, LLC.

(j) certain real property commonly known as 69 Turkey Roost Road, Monroe, Connecticut.

(k) certain real property commonly known as 14 Esther Place, Branford, Connecticut.

(1) certain real property commonly known as 67 Turkey Roost Road, Monroe, Connecticut.

(m) certain real property commonly known as 56 Lorraine Drive, Monroe, Connecticut.

(n) certain real property commonly known as 70 Wood End Road, Monroe, Connecticut.

(o) certain real property commonly known as 72 Wood End Road, Monroe, Connecticut.

(p) certain personal property located at 0 Caswell Cove Marina, Milford, Connecticut.

(q) certain personal property commonly known as Holby Marine Outboard, Pleasure 2005 17.5-foot boat under registration number CTS6O7BB.

(r) certain personal property commonly known as Sea Ray Boats Inc., Inboard Pleasure Cabin 30-foot boat under registration number CT4O9BA.

(s) property and/or assets, whether real or personal, tangible or intangible, of any kind whatsoever, disclosed in connection with SNL's Motion for Disclosure of Assets.

IT IS FURTHER ORDERED, that the Guarantor Defendants make available and/or present all of the personal property which is subject to this Order to applicant or an authorized Connecticut Marshal on or before December 10, 2010 so that this property may be attached;  and

IT IS FURTHER ORDERED, that the Guarantor Defendants are each required to disclose assets sufficient to satisfy said prejudgment remedy, in accordance with Conn. Gen.Stat. § 52-278n and the accompanying Order for Disclosure of Assets.

It is so ordered.

BY THE COURT

ROBERT B. SHAPIRO

JUDGE OF THE SUPERIOR COURT

Shapiro, Robert B., J.