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Abuzeide v. Openroad Auto Group, Inc.
United States District Court, W.D. Washington
May 24, 2017
ANTHONY ABUZEIDE, Special Administrator for the Estate of Jack Berry Dane, Plaintiff,
OPENROAD AUTO GROUP, INC., a Washington corporation d/b/a BELLEVUE LAMBORGHINI ROLLS-ROYCE BENTLEY, Defendant.
EBEL NAWROT & HELGREN PLLC Robert M. Sulkin, Avi J.
Lipman, Jehiel I. Baer Attorneys for Defendant
ALLING P.S. Michael E. McAleenan Jr., Matthew C. Niemela
Attorneys for Plaintiff
STIPULATION AND ORDER PARTIALLY DISSOLVING
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
Anthony Abuzeide, Special Administrator for the Estate of
Jack Berry Dane (the “Estate”) (collectively,
“Abuzeide”), and Defendant OpenRoad Auto Group,
Inc. (“OpenRoad”), having conferred through
counsel, hereby stipulate and respectfully request that the
Court order as follows:
1. This action involves a dispute regarding the ownership and
the right to possession of a Porsche 918 Spyder, VIN
WP0CA2A13FS800236 (the “Vehicle”). On April 27,
2017, prior to OpenRoad's appearance and in response to a
motion brought by Abuzeide, the Court entered an Order
Granting Preliminary Injunction and Setting Second
Preliminary Injunction Hearing (“Preliminary
Injunction”). Dkt. 19. The Court scheduled a second
preliminary injunction hearing for May 11, 2017. However, on
May 5, 2017, in response to a stipulation and proposed order
submitted on behalf of both parties, the Court agreed to
delay and reschedule the second preliminary injunction
hearing “to provide time [for the parties] to negotiate
a resolution to the preliminary injunction issues before the
Court.” Dkt. 24. The parties have since completed that
negotiation. They now submit the instant stipulation and
proposed order to provide for partial dissolution of the
Preliminary Injunction, which in turn will allow for the
possibility of liquidating and securing the monetary value of
2. Subject to the Court's approval of the proposed order
below, the parties have agreed that OpenRoad may sell,
transfer, and/or assign ownership, title, and possession of
the Vehicle. The parties agree to such a transaction with a
third party (a “Sale”), so long as it does not
compromise the parties' respective rights, will simplify
this dispute and mitigate certain risks in a manner that
mutually benefits them both.
3. The parties jointly request that the Court partially
dissolve the Preliminary Injunction, Dkt. 19, for the sole
purpose of permitting OpenRoad to sell, transfer, and/or
assign ownership of the Vehicle to a third party for an
amount not less than $1.45 million (“Sale
Proceeds”). Any Sale of the Vehicle for an amount less
than $1.45 million shall require Abuzeide's prior written
consent. OpenRoad shall be authorized to market and dispose
of the Vehicle pursuant to the foregoing provisions until
December 31, 2017 (“Expiration Date”), except
that such time may be extended by Abuzeide's written
authorization. If the Vehicle has not sold by the Expiration
Date (or any extension thereof), the Preliminary Injunction
may be reinstated upon the request of either party.
4. Within two business days of receiving the Sale Proceeds,
OpenRoad agrees to deposit all Sale Proceeds into an escrow
account or the registry of the Court, pending resolution of
this action. Said funds may not be disbursed without prior
order of this Court. Submitted contemporaneously with this
stipulation and proposed order is a Proposed Order Re the
Deposit of Funds into Court Registry.
5. Subject to the following conditions, and within seven days
of the issuance of the Order below, Abuzeide agrees to assign
to OpenRoad any and all rights or interests Abuzeide has in
the Vehicle, if any, for the limited purpose of facilitating
a Sale of the Vehicle: (a) the parties agree that neither
said assignment nor the stipulation herein operates to waive,
release, alter, or otherwise compromise the claims asserted
in Abuzeide's complaint; (b) the parties agree that
neither OpenRoad's acceptance of such assignment, nor the
stipulation herein, constitutes an admission by OpenRoad that
Abuzeide has any right to or interest in the Vehicle; and (c)
the parties agree that if the Vehicle has not been sold by
the Expiration Date (or any extension thereof), the
assignment will automatically become null and void, and any
rights or interests in the Vehicle that have been assigned to
OpenRoad will revert back to Abuzeide.
6. Subject to the foregoing provisions, Abuzeide agrees not
to challenge or interfere with a Sale of the Vehicle.
Abuzeide further agrees to cooperate as warranted with
OpenRoad in facilitating such a Sale, which shall include but
not be limited to executing relevant documents upon request.
Abuzeide warrants and represents, subject to the provisions
above, that (a) OpenRoad will have the ability under this
Stipulation and Order, to transfer unencumbered title to any
buyer of the Vehicle (“Buyer”); and (b) upon the
occurrence of a Sale, Buyer will become the rightful owner of
the Vehicle. Abuzeide and OpenRoad each agree to provide
sworn statements upon the request of the other party and/or
Buyer acknowledging Buyer's uncontested ownership of the
7. Unless otherwise mutually agreed to in writing by Abuzeide
and OpenRoad, if the Vehicle is sold prior to the Court's
adjudication of Abuzeide's claim for replevin, Abuzeide
and OpenRoad agree to stipulate to an amendment of
Abuzeide's complaint so as to allow Abuzeide to seek a
determination of the rightful ownership of the Sale Proceeds.
8. Subject to the provisions above, Abuzeide and OpenRoad
otherwise reserve all rights, claims, and defenses, whether
or not asserted as of the date of this Stipulation and Order,
with respect to this action.
9. The Decedent's insurer for the Vehicle, Chubb
Insurance, was provided with notice of this stipulation, via
its appointed adjuster, and has not objected to the same.
10. OpenRoad shall maintain, present, and secure the Vehicle
in a commercially reasonable manner considering the value ...
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