`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW HAMPSHIRE
`
`
`
`
`
`Lyndsey M. Cowhig
`
`
`
`
`
`
`v.
`
`
`Megastore Auto Group, Inc., et al.
`
`
`
`
`Civil No. 16-cv-515-PB
`
`REPORT AND RECOMMENDATION
`Following trial, a jury found Megastore Auto Group, Inc.
`
`liable for sexual harassment and awarded Lyndsey M. Cowhig
`$110,000 in total damages. See doc. no. 115. The Clerk of
`Court entered judgment against Megastore in accordance with that
`verdict. See doc. no. 116. Cowhig then filed a petition to
`attach with notice, seeking to secure the jury verdict and any
`attorney’s fees awarded by the court. See doc. no. 117.1 Judge
`Barbadoro referred that petition to the undersigned magistrate
`judge, and the Clerk of Court scheduled a hearing for June 26,
`2018 at 2:30PM.
`
`Megastore moves to continue the hearing by three days. See
`doc. no. 124. In support of this request, Megastore represents
`that its attorney and its president are not available on June
`26. See id. ¶ 2. Cowhig objects and raises concerns that
`
`
`1 Judge Barbadoro recently awarded Cowhig attorney’s fees
`totaling $158,575.50. See June 12, 2018 Endorsed Order.
`
`
`
`Case 1:16-cv-00515-PB Document 126 Filed 06/19/18 Page 2 of 3
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`Megastore has been offloading assets and that there may not be
`sufficient assets remaining by the time of the hearing to
`satisfy the judgment and the attorney’s fees award. See doc.
`no. 125. To this end, Cowhig provides some evidence to suggest
`that since the jury’s verdict, Megastore has reduced its
`inventory of vehicles by approximately half. See id. ¶¶ 4-5;
`doc. no. 125-1; doc. no. 125-2; doc. no. 125-3. Cowhig also
`contends, and provides some evidence to support, that Megastore
`began operating under a different corporate name during trial
`and that, between May 30 and June 6, 2018, removed a reference
`to “Megastore Auto Group, Inc.” from the sign at its facility.
`See doc. no. 125 ¶ 6; doc. no. 125-3 ¶¶ 4-5.
`
`Cowhig’s concerns appear to be non-frivolous and made in
`good faith. Thus, while the court grants Megastore’s motion to
`continue in a separate order, it recommends that Judge Barbadoro
`immediately issue a temporary restraining order restricting
`Megastore from transferring assets without prior approval of the
`court. The court recommends that this order allow Megastore to
`continue its normal business operations, but require that
`Megastore deposit any sale proceeds or other income into a
`separate account, which Megastore shall not disburse without
`prior approval of the court. The court further recommends that
`this order require Megastore to maintain a comprehensive
`2
`
`
`
`
`
`Case 1:16-cv-00515-PB Document 126 Filed 06/19/18 Page 3 of 3
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`inventory of all of its assets as of the date of this Report and
`Recommendation, and to update that inventory should any changes
`to those assets occur between June 19, 2018 and the hearing on
`the petition to attach. The court recommends that the temporary
`restraining order remain in effect until the hearing on the
`petition to attach unless modified or vacated by subsequent
`order.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`__________________________
`Andrea K. Johnstone
`United States Magistrate Judge
`
`
`
`
`June 19, 2018
`
`cc: Jason R.L. Major, Esq.
`
`Sean Robert List, Esq.
`
`Robert M. Waters, Jr., Esq.
`
`Samuel J. Donlon, Esq.
`
`
`
`
`3
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`
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