Whitmore
Whitmore v. Innovation Ventures, LLC (In re Roman)
Opinion
Lead Opinion
Houle, J.
I. FACTUAL BACKGROUND
In October 2012, Innovation Ventures, LLC, and International IP Holdings, LLC
*89 ("Defendants") filed an anti-counterfeiting lawsuit in the United States District Court for the Eastern District of New York (the "District Court Action"). In November and December 2012, the complaint was amended to add Leslie & Donna Roman as defendants ("Debtors").
On November 30, 2012, the district court entered an order stating, among other things, that:
On December 28, 2012, the district court entered a substantively similar order with respect to Donna Roman.
Pursuant to these asset restraining orders (the "Freeze Orders"), several Bank of America accounts held by the Debtors ("Frozen Accounts") were frozen. The amount of funds frozen in the Frozen Accounts pursuant to the Freeze Orders was no less than $ 426,030.53 (the "Funds").
On January 15, 2013, Debtors and Defendants entered into a stipulation, and the district court entered an order approving the stipulation that day (the "First Agreement Order"). The First Agreement states, in pertinent part:
On February 12, 2013, the Funds were removed from the Frozen Accounts and deposited into an account held by the…