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SE Property Holdings, LLC v. The Rookery, LLC

United States District Court, S.D. Alabama, Southern Division

April 13, 2018

SE PROPERTY HOLDINGS, LLC, Plaintiff,
v.
THE ROOKERY, LLC, et al., Defendants.

          ORDER

          WILLIAM H. STEELE, UNITED STATES DISTRICT JUDGE.

         The plaintiff has filed a motion for show cause order against defendant Richard Vail. (Doc. 166). Vail has filed a response and the plaintiff a reply. (Doc. 171, 173). The plaintiff asks the Court to hold Vail in contempt for violating a charging order entered in January 2013 that imposed a lien on Vail Construction, LLC (“Construction”) and required Construction “to distribute to the plaintiff any amounts that become due or distributable to Vail by reason of any interest he owns in” Construction. (Doc. 69). The plaintiff asserts that Vail is the sole member of Construction, (Doc. 166 at 1), such that any violation of the charging order is Vail's violation, for which he may be held in contempt of court.

         The plaintiff asserts that Vail has:

(a) Withdrawn funds from Construction's bank accounts for personal expenses;
(b) Used Construction funds to make payments on a loan taken out by Vail and his ex-wife in their personal capacities and secured by their real property on Kennedy Road;
(c) Used Construction funds to make payments on a loan taken out by Vail to purchase a boat;
(d) Used Construction funds to make payments on a personal loan secured by a mortgage on Vail's residence (the “Pinewood Drive property”);
(e) Used Construction funds to make court-ordered payments to his ex-wife in connection with his divorce;
(f) Used Construction funds to purchase real property (the “Whitt property”) used by Vail's son and grandchildren as a residence;
(g) Used Construction funds to purchase other real property (the “Russell property”);
(h) Used Construction funds to make payments to an LLC (“RMV”) in which he has a large interest;
(i) Written checks on the Construction bank account for personal expenses; and
(j) Deposited into his personal account checks paying for construction services or materials.

(Doc. 166 at 2-6). The plaintiff relies on almost 300 pages of exhibits, (Doc. 166-6 to -24), which clearly support the proposition that transfers from Construction to Vail and to third parties occurred but which do not clearly establish that any of the transactions constitute ...


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