Powell et al v. Crypto Traders Management, LLC et al, No. 2:2020cv00352 - Document 40 (D. Idaho 2021)

Court Description: MEMORANDUM DECISION AND ORDER.. Signed by Judge B. Lynn Winmill. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(alw)

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Powell et al v. Crypto Traders Management, LLC et al Doc. 40 Att. 1 Steven Wieland, ISB No. 8282 Jaren Wieland, ISB No. 8265 steven.wieland.service@mooneywieland.com jaren.wieland.service@mooneywieland.com MOONEY WIELAND PLLC 802 W. Bannock St., Ste 500 Boise, ID 83702 t: 208.401.9219 f: 208.401.9218 Counsel for Plainti s UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO David Powell, an individual; and Merav Knafo, an individual, Case No. 2:20-cv-00352-BLW Plainti s, WRIT OF ATTACHMENT vs. Crypto Traders Management, LLC, a dissolved Idaho limited liability company; Shawn Cutting, an individual; and Courtney Lata, an individual, Defendants. TO THE UNITED STATES MARSHAL, SHERIFF, OR ANY CONSTABLE OF BONNER COUNTY, IDAHO: Having reviewed the Application for Writ for Attachment and supporting documents led by Plainti s David Powell and Merav Knafo and having heard evidence presented by Defendants in opposition to Writ of Attachment via declarations led pursuant to §8-502(b), Writ of Attachment (Bonner County) Page 1 of 4 Dockets.Justia.com and having conducted a Show Cause hearing on January 10, 2021, this Court nds that writ of attachment should issue. Accordingly, pursuant to Idaho Code § 8-502(c)(3) and § 8-504, this Court issues this Writ of Attachment commands you to attach certain assets and real property belonging to Defendants Shawn Cutting (SS # xxx-xx-5973) and Crypto Traders Management, LLC, an Idaho limited liability company (“CTM”) and to third parties Janine Cutting (SS # xxx-xx-9804); the Lake View Trust, under the Economic Strategist Irrevocable Spendthrift Trust Agreement, dated February 4, 2018; and Crypto Traders Fund LP, a Delaware limited partnership (“CTF”). 1. Attach bank accounts in the name of Shawn Cutting (SS # xxx-xx-5973), CTM, Janine Cutting (SS # xxx-xx-9804), the Lake View Trust, and CTF, including accounts at the following nancial institutions associated with the above parties, known accounts listed below ( nal four account numbers), and any other accounts linked to such account numbers, in an amount up to $723,126.29. a. 2. Washington Federal Bank, Sandpoint, Idaho. Attach real property more particularly described as: a. Lot 2 of Creekridge Estates, according to the plat thereof, recorded in Book 10 of Plats at Page(s) 97, records of Bonner County, Idaho. b. Lot 7 of Creekridge Estates, according to the plat thereof, recorded in Book 10 of Plats, Page 97, records of Bonner County, Idaho. c. Lot 1A of the Replat of Lots 1 and 2 of heavenly Hills, according to the plat thereof, recorded in Book 8 of Plats, Page 150, records of Bonner County, Idaho. d. Any other real property in which any of the above-named parties have interest if found in Bonner county. Writ of Attachment (Bonner County) Page 2 of 4 3. 4. Attach the following known vehicles if found in Bonner County: a. A 2018 Jeep Grand Cherokee (VIN: 1C4RJFBG1JC251482) b. A 2017 Arctic Cat Bearcat 200 Snow Machine (VIN: 4UF17SNW9HT107060) c. A 2017 Chevrolet Camaro (VIN: 1G1FH1R77H0146182) d. A 2017 Arctic Cat Bearcat 2000 (VIN: 4UF17SNW0HT118075) e. A 2018 Polaris 800 Pro-RMK (VIN: SN1EGK8P4HC709763) f. A 2017 Polaris General 1000 EPS (VIN: 3NSRGE991HH005662) g. A 2013 Chrysler 300 Sedan (VIN: 2C3CCAAG0DH504012) h. A 2012 Ford F350 Truck (VIN: 1FT8W3BT9CEA03674) i. A 2012 Volkswagen Jetta (VIN: 3VWLL7AJ9CM030066) j. A 2018 Polaris 800 Pro-RMK (VIN: SN1EFK8P8JC146791) k. A 2017 Polaris 800 PRO-RMK (VIN: SN1EFK8P8HC700292) Pursuant to Idaho Code § 8-504, you are required to attach and safely keep all the property of the above-listed parties within Bonner County, not exempt from execution, or so much thereof as may be su cient to satisfy the Plainti s’ demands, which total $723,126.29. Attached to this Writ is a copy of the written undertaking led by David Powell and Merav Knafo in accordance with the Court’s order requiring the same pursuant to Idaho Code § 8-503. Defendants have the right to except to the surety upon such undertaking or to le a written undertaking of the delivery of such property as may be attached under this Writ, as provided by Idaho Code § 8-506C. Writ of Attachment (Bonner County) Page 3 of 4 Upon reviewing this Writ, you are required to make due and legal service and return of this Writ. DATED: B. Lynn Winmill U.S. District Court Judge Writ of Attachment (Bonner County) Page 4 of 4

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