CD-Titles files for injunctive
relief preventing Deaver Brown from transferring assets out of SimplyMedia
UNITED
STATES BANKRUPTCY COURT
DISTRICT
OF MASSACHUSETTS
In Re: )
)
CD TITLES, INC., ) CHAPTER 7
Debtor ) CASE NO. 98-17026-JNF
Mark
DeGiacomo, Esq., Chapter 7 Trustee )
For the
Estate of CD Titles, Inc., )
Plaintiff )
) Adversary Proceeding
v. ) Case no.
)
David Deaver
Brown, individually and )
Doing
Business as Simply Media; Simply )
Magazine,
Inc.; and Simply Media, Inc. )
PLAINTIFF’S
MOTION FOR INJUNCTION RELIEF
Pursuant to
Bankruptcy Rule 7065 and FRCP, Rule 65, the plaintiff, Mark DeGiacomo, Esq.,
Chapter 7 Trustee for the Estate of CD Titles (“CD Titles”), respectfully
moves this Honorable Court to enter a Preliminary Injunction for the purpose of
preserving the status quo during the pendency of this Adversary Proceeding, as
prayed for in pars. 1-6 of the Plaintiff’s Complaint, filed this day.
As grounds, CD Titles asserts as follows:
1. CD Titles has this day filed an adversary proceeding against the
above-captioned defendants, alleging fraudulent conveyance of literally all of
CD Titles’ assets by the former principal of CD Titles, David Deaver Brown
(“Brown”), to Brown and Brown’s related corporate entities, the defendants
Simply Magazine, Inc. and Simply Media, Inc.
2. As established by the Complaint and attachments thereto, as well as the Affidavit of Mark DeGiacomo, Esq.,
liability is clear in this matter.
3. CD Titles has to date suffered damages in excess of 1.5 Million Dollars.
4. Therefore, there is a reasonable likelihood that CD Titles will recover
judgment against the defendants.
5. There is no liability insurance known to CD Titles available to satisfy
any judgment rendered in its favor. See, Certificate Of No Liability Insurance, filed herewith.
6. If a “preservation” injunction does not issue in this matter, the
defendants will be free to continue their pattern of conveying assets to hinder
and defeat creditors, leaving CD Titles without the means to secure a judgment
in this matter where liability is clear.
Wherefore, CD Titles respectfully prays that, upon notice and
after hearing, this Court (Feeney, J.) will issue a Preliminary Injunction and:
1. preliminarily enjoin the defendant, David Deaver Brown, or anyone
on his behalf, including but not limited to his wife, Christina Rago a/k/a
Christina Brown, from conveying, assigning, transferring, encumbering or in any
way attempting to pass out of his control any assets of the defendant, including
but not limited to real estate (held directly in his name or indirectly, as
beneficiary of real estate trusts or otherwise); motor vehicles; cash; stocks;
bonds; securities; security options;
banking accounts; certificates of deposit; promissory notes and mortgages;
2. preliminarily enjoin the defendant, David Deaver Brown, or anyone
on his behalf, including but not limited to his wife, Christina Rago a/k/a
Christina Brown, from conveying, assigning, transferring, encumbering or in any
way attempting to pass out of his control any assets of the defendant which were
owned or controlled by the defendant as of April, 1997 (whether directly
or indirectly as beneficiary or otherwise), regardless of whether the property
is presently in the possession, custody or control of the defendant;
3. preliminarily enjoin the defendant, Simply Magazine, Inc., or anyone on
its behalf, from conveying, assigning, transferring, encumbering or in
any way attempting to pass out of its control any assets of the defendant,
including but not limited to real estate (held directly in its name or
indirectly, as beneficiary of real estate trusts or otherwise); motor vehicles;
cash; stocks; bonds; securities; security
options; banking accounts; certificates of deposit; promissory notes and
mortgages; inventory, copyrights, trademarks, other intellectual property, accounts
receivable, domain names and equipment;
4. preliminarily enjoin the defendant, Simply Media, Inc., or anyone on its
behalf, from conveying, assigning, transferring, encumbering or in any
way attempting to pass out of its control any assets of the defendant, including
but not limited to real estate (held directly in its name or indirectly, as
beneficiary of real estate trusts or otherwise); motor vehicles; cash; stocks;
bonds; securities; security options;
banking accounts; certificates of deposit; promissory notes and mortgages; inventory, copyrights, trademarks, other intellectual property, accounts
receivable, domain names and equipment;
5. preliminarily enjoin the defendant, Simply Media, Inc., or anyone on its
behalf, from using the domain name, “Simplymedia.com” – the domain name
for which is still registered to CD Titles, Inc. -- pending the resolution of
this matter; and
6. preliminarily enjoin the defendant, Simply Media, Inc., or anyone on its
behalf, from utilizing in any manner the assets of CD Titles, including but not
limited to domain names, trademarks, copyrights, software, inventory and source
code (or any products derivative of those assets), as conveyed by Simply
Magazine, Inc., David Deaver Brown, or anyone on their behalf, pending the
resolution of this matter;
Respectfully
submitted,
Mark DeGiacomo, Esq., Chapter 7
Trustee for the Estate of CD Titles, Inc.,
Plaintiff,
By his attorneys,
ROBINSON
& COLE LLP
_________________________________
James
D. Gotz BBO #567157
One
Boston Place
Boston,
MA 02108-4404
(617)
557-5900
Date:
August 7, 2000
