CAUSE NO. DC-12-01909
`IN THE DISTRICT COURT
`
`§ § § § § §
`
`GIOVANNI BONAUDO and
`MARIA JILMA MALDONADO,
`
`Plaintiffs,
`
`DALLAS COUNTY, TEXAS
`
`192ND JUDICIAL DISTRICT
`
`JUAN ACRA, SECNER USA, LLC, GRUPO §
`INDUSTRIAL SECNER, S.A. DE C.V.,
`SECNER HR S.A. DE C.V., and NORTH
`AMERICAN SECNER HOLDINGS, LLC,
`Defendants.
`
`§ §
`
`: § §
`
`TEMPORARY INJUNCTION
`
`On December 29, 2016, Giovanni Bonaudo and Maria Jilma Maldonado
`(“Plaintifi's/Judgment Creditors”) filed their verified Application for Temporary
`Restraining Order in Aid 0f Judgment (“Application”) seeking injunctive relief.
`
`PlaintifHJudgment Creditors’ Application for Temporary Restraining Order was
`granted and entered 0n December 30, 2016, by that particular Temporary
`Restraining Order signed by the Honorable Dale Tillery, Judge of the 134th District
`Court sitting for the Honorable Craig Smith, Judge of the 192ml District Court, and,
`was extended by agreement of the parties through September 11, 2017 at 5:00 p.m.
`On September 11, 22017, the Court entered a temporary injunction. That injunction
`
`1
`
`
`IN THE DISTRICT COURT
`
`§ § § § § §
`
`GIOVANNI BONAUDO and
`MARIA JILMA MALDONADO,
`
`Plaintiffs,
`
`DALLAS COUNTY, TEXAS
`
`192ND JUDICIAL DISTRICT
`
`JUAN ACRA, SECNER USA, LLC, GRUPO §
`INDUSTRIAL SECNER, S.A. DE C.V.,
`SECNER HR S.A. DE C.V., and NORTH
`AMERICAN SECNER HOLDINGS, LLC,
`Defendants.
`
`§ §
`
`: § §
`
`TEMPORARY INJUNCTION
`
`On December 29, 2016, Giovanni Bonaudo and Maria Jilma Maldonado
`(“Plaintifi's/Judgment Creditors”) filed their verified Application for Temporary
`Restraining Order in Aid 0f Judgment (“Application”) seeking injunctive relief.
`
`PlaintifHJudgment Creditors’ Application for Temporary Restraining Order was
`granted and entered 0n December 30, 2016, by that particular Temporary
`Restraining Order signed by the Honorable Dale Tillery, Judge of the 134th District
`Court sitting for the Honorable Craig Smith, Judge of the 192ml District Court, and,
`was extended by agreement of the parties through September 11, 2017 at 5:00 p.m.
`On September 11, 22017, the Court entered a temporary injunction. That injunction
`
`1
`
`
`
`expired 0n December 31, 2017. The Fifth Court of Appeals is currently considering
`the appeal 0f the Judgment in this case, and the Supreme Court is considering a
`mandamus regarding this Court’s Order increasing the bond requirement. There is
`
`.
`
`‘
`
`a
`
`‘
`
`\
`
`9k ELaQflffimmfi
`currently a stay of that order 1n place.
`In addition to the above, Mr. Acra has Minted a declaratory judgment action
`?waw war dffc’
`to establish the homestead status of the Houston Condominium, as well as the effect
`of a family court order regarding that Houston Condominium. Thatafimmdmg. iv
`No. 2017-82219 (the “Houston Lawsuit”)l\ Neither Mr. Acra nor Mr. Bonaudo are ”LW
`MAM amMmfiwwaafm
`Harris County befei-the 164th District Court, Cause
`agreeing by entry of this order to waive any rights, defenses or claims in the Houston ‘'W‘W
`AW
`Lawsuit or to the Houston Lawsuit. Mr.Mo excepts from this agreed injunction Moe);
`m ”F%z/
`and does not agree that any filings related t0 the Houston Lawsuit are prohibited byflay
`
`‘
`
`s
`
`this Injunction.
`Wherefore, the parties agree to the following and the Court ORDERS that
`Defendant/Judgment Debtor, Juan Acra a/k/a Juan Carlos Acra Lopez, and his
`
`agents, servants, representatives, employees, independent contractors, attorneys,
`and any other persons or entities in active concert or participation with any 0f them
`who receive actual notice of this Order by personal service 0r otherwise, and in the
`case 0fDefendant/Judgment Debtor, by service upon his attorneys ofrecord and those
`having appeared before this Court on behalf ofJudgment Debtor in moving t0 vacate
`
`the arbitrator’s award in accordance With Texas Rules of Civil Procedure 21 and 21a,
`
`are prohibited from taking any of the following actions or engaging in any of the
`
`
`
`following conduct, until such time that a full hearing may be had and further order
`
`entered before this Court:
`
`(A) from taking any action to transfer, liquidate, convert, encumber, pledge,
`
`loan, share, sale, market for sale, conceal, hide, secret, dissipate, deplete, neglect,
`misuse, damage and/or destroy, lease, assign, granting a lien, copyright, security
`
`interest, or other interest in, or otherwise dispose of:
`
`(2)
`
`(3)
`
`(4)
`
`Property: Real Property and its non—exempt contents located at
`(1)
`5001 Woodway Drive #1105, Houston, Texas 77056 (the “Houston
`Condominium”);
`Property: United States Patent and Trademark Office Service Mark
`number 4,294,554 (SECNER) registered on February 26, 2013, and any
`other service marks, trademarks, and/or patents belonging to or owned
`by, standing in the name of, or claimed by Judgment Debtor;
`Property: Domain name and registration for www.secner.com,
`www.iesp—energia.com and any other domain names belonging to or
`owned by, standing in the name of, or claimed by Judgment Debtor;
`Property: Stocks, bonds, notes, and/or accounts receivable belonging to
`or owned by, standing in the name of, or claimed by Judgment Debtor,
`including, but not limited to Judgment Debtor’s interests in Secner HR,
`S.A. DE C.V. and Grupo Industrial Secner, S.A. DE C.V. other than the
`use, transfer, conveyance or dissipation of this class of assets in the
`
`normal course of business;
`
`
`
`Property: Unclaimed property in the amount of $500.65 from
`(5)
`JPMorgan Chase Bank belonging to or ovéned by, standing in the name
`ofJudgment Debtor as reflected in the records of the Texas Comptroller
`
`of Public Accounts; and
`(B) failing to pay when due any casualty insurance premiums and/or property
`taxes, homeowner’s/condominium association dues, or other 5001 Woodway Drive
`Obligations as set forth in the Declaration 0f Juan Acra Regarding Net Worth filed
`
`in this matter on or about January 18, 2017, 0r otherwise taking any action contrary
`
`to the preservation of the assets/properties identified herein;
`
`(C)
`
`encouraging, requesting, assisting, suggesting, directing, 0r implying
`
`to anyone that any natural or legal person perform or do any 0f the matters or things
`
`otherwise prohibited by the temporary restraining order.
`IT IS FURTHER ORDERED that Judgment Debtor is hereby commanded
`forthwith to comply with this Temporary Injunction from the date of entry until June
`1, 2018. Either party may withdraw their agreement and move to modify 0r vacate
`this order provided that 30 days’ notice 0f any such hearing is provided.
`The clerk of the above-entitled Court shall forthwith issue a temporary
`
`injunction in conformity with the law and the terms ofthis order. Plaintiffs/Judgment
`
`Debtors’ cash bond of one hundred dollars ($100.00) already posted With the Court
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`shall be applied to the Temporary Injunction.
`
`
`
`SO ORDERED.
`
`SIGNED on the
`
`g day of
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`}
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`xW 5
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`, 201$
`
`Lgfik
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`JUDGE PRESIDING
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`
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