Vfs Financing, Inc. v. Chf Express, LLC

PROCEEDINGS: ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT

On February 25, 2009, plaintiff VFS Financing, Inc., filed a notice of application for right to attach order and writ of attachment, a supporting memorandum of points and authorities and the supporting declarations of Scott Forsberg and Aferdita Mustafa with exhibit. On April 8, 2009, defendants Robert Fowler and Ronald W. Hertel filed evidentiary objections to plaintiffs attachment application, a memorandum of points and authorities in opposition to plaintiffs attachment application, and the opposing declarations of William Borgsmiller with exhibits, William Zech with exhibit, and Robert Fowler with exhibit. On April 15, 2009, plaintiff filed its reply, the supplemental supporting declaration of Scott Forsberg, the supporting declaration of Brian Panning, a response to defendants’ evidentiary objections, and objections to defendants’ evidence.

The hearing was held before Magistrate Judge Rosalyn M. Chapman on April 22, 2009. Michael A. Garabed and Timothy S. Harris, attorneys-at-law with the law firm Reed Smith, appeared on behalf of plaintiff, and Leland A.…