Western & Southern Financial Group Flexible Benefits Plan Benefits Committee v. Vang et alMOTION for Temporary Restraining Order and Expedited Discovery - Expedited Handling RequestedD. Minn.July 6, 2017UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) Western & Southern Financial Group Flexible Benefits Plan Benefits Committee, in its capacity as fiduciary of the Western & Southern Financial Group Flexible Benefits Plan, and on behalf of Western and Southern Life Insurance Company, Inc., ) ) ) ) ) ) ) CIVIL ACTION NO. 0:17-cv-02564 ) Plaintiff, vs. Kaojia Vang and Gallagher Law Firm, LLC, Defendants. ) ) ) ) ) ) ) ) PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND EXPEDITED DISCOVERY Pursuant to Rule 65 of the Federal Rules of Civil Procedure and other applicable law, Plaintiff Western & Southern Financial Group Flexible Benefits Plan Benefits Committee, in its capacity as fiduciary of the Western & Southern Financial Group Flexible Benefits Plan, and on behalf of Western and Southern Life Insurance Company, Inc. (collectively “Western & Southern”), through its undersigned counsel, hereby does move this Court: 1. For an order, pursuant to Rule 65 of the Federal Rules of Civil Procedure and in the manner set forth in the proposed Order Granting Temporary Restraining Order and Expedited Discovery submitted herewith, to be in effect during the pendency of this action and until further Order of the Court: CASE 0:17-cv-02564-PJS-TNL Document 4 Filed 07/06/17 Page 1 of 3 2 a. Enjoining Vang and Gallagher and their principals, officers, directors, employees, associates, servants, agents, attorneys, representatives, and those acting in concert or participation with them, from disbursing or distributing any of the settlement funds that Vang obtained as a result of the settlement of any claims related, in any way, to her September 28, 2015 automobile accident unless and until Vang reimburses the Western & Southern Financial Group Flexible Benefits Plan (the “Plan”) for the $57,557.16 in temporary disability benefits provided to Vang under the Plan, all accumulated interest, and the attorneys’ fees and costs Western & Southern has incurred in enforcing the subrogation rights under the Plan; 2. For an Order setting an expedited discovery schedule in this action, as detailed in the proposed Order Granting Temporary Restraining Order and Expedited Discovery submitted herewith. 3. For an Order pursuant to Fed. R. Civ. P. 65 setting a date and time for hearing on Western & Southern’s Motion for a Temporary Injunction. 4. For such other, further, or different relief as the Court may deem just and equitable. This motion is based upon Plaintiff’s Verified Complaint, Plaintiff’s Memorandum in Support of its Motion for Temporary Restraining Order, and all the files, records, and proceedings herein. CASE 0:17-cv-02564-PJS-TNL Document 4 Filed 07/06/17 Page 2 of 3 3 Dated: July 6, 2017 WINTHROP & WEINSTINE, P.A. By: s/ Justice Ericson Lindell Justice Ericson Lindell, #0312071 Quin C. Seiler, #0396699 225 South Sixth Street Suite 3500 Minneapolis, Minnesota 55402 (612) 604-6400 jlindell@winthrop.com qseiler@winthrop.com Attorneys for Plaintiff 13772467v1 CASE 0:17-cv-02564-PJS-TNL Document 4 Filed 07/06/17 Page 3 of 3
