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Commercial Credit Group Inc. v. Truck & Trailer Leasing LLC

United States District Court, E.D. Missouri, Eastern Division

July 6, 2018

COMMERCIAL CREDIT GROUP INC., Plaintiff,
v.
TRUCK & TRAILER LEASING, LLC, et al., Defendant.

          MEMORANDUM AND ORDER

          E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE.

         On June 6, 2018, the Court was presented with Plaintiff Commercial Credit Group, Inc., 's Motion for Order to Show Cause Why Defendants Should not be Held in Contempt (the “Motion”) [17]. The parties appeared by counsel and in person. Upon due consideration of the record as a whole, and the announcements of the parties, the Court finds as follows:

         The parties announced on the record the following stipulated facts with respect to the Motion, which this Court hereby adopts as its findings:

1. Bobir Choriev is also known as Bobir Hasan and Bobur Hasan.
2. Mr. Choriev is the sole member of Truck & Trailer Leasing, LLC, one of the Defendants in this action.
3. Mr. Choriev is the sole shareholder, the President, and the sole member of the Board of Directors of Defendant UZ Trans, Inc.
4. Mr. Choriev resides at 4229 Napa View Lane, St. Charles, MO 63304.
5. Defendant Truck & Trailer Leasing, LLC, borrowed funds from Plaintiff Commercial Credit Group, Inc., to acquire ten (10) refrigerated trailers.
6. As of the filing of this action, Truck & Trailer Leasing, LLC, and UZ Trans, Inc., (the “Choriev Entities”) had possession of the following trailers (the “Collateral”):
Year
Manufacturer
Model
Serial No.
2016
Wabash
Arctic Lite trailer
1JJV532B7GL924507
2016
Wabash
Arctic Lite trailer
1JJV532B9GL924508
2016
Wabash
Arctic Lite trailer
1JJV532B6GL924501
2016
Wabash
Arctic Lite trailer
1JJV532B8GL924502
2016
Wabash
Arctic Lite trailer
1JJV532BXGL924503
2016
Wabash
Arctic Lite trailer
1JJV532B1GL924504
2016
Wabash
Arctic Lite trailer
1JJV532B3GL924505 7.
As of January 23, 2018, the Choriev Entities had possession of the Collateral.
8. On or shortly after January 24, 2018, the Choriev Entities received a copy of the Notice Pursuant to Missouri Supreme Court Rule 99.07 (the “Replevin Notice”) and this Court's Order of Delivery in Replevin (the “Replevin Order”).
9. On and shortly after April 20, 2018, the Choriev Entities received the communications attached as ...

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