NORTH CAROLINA CUMBERLAND COUNTY

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IN TtIJt, Q~~~)ALCOURT OF JUSTICE SUPERIOR COURT DIVISION

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.I(jJ:~11N:064iO-CVS-9863

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ISABEAU DAKOTA INC., and J. K. IDEMA, Plaintiffs,
v. _

WILLIAM JOHN HAGLER, Defendant.

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ORDER

This matter having come before the undersigned Superior Court Judge on April 8, 2011 session of the Cumberland County Superior Court on Plaintiffs' Motion to Show Cause and for Supplemental Relief, the Court enters the following Order: FINDINGS OF FACT
1.

On October 27, 2010, Defendant Hagler filed a deed purporting to transfer a

commercial real estate building at 450 Robeson Street, Fayetteville, NC to himself from Plaintiff Isabeau Dakota, Inc. 2. After recording the deed, Defendant Hagler entered the premises at 450 Robeson

Street, Fayetteville, NC and immediately began removing and secreting personal property belonging to Plaintiff J.K. Iderna. 3. On November 4, 2010, then Senior Resident Superior Court Judge Lynn Johnson

entered a Temporary Restraining Order. That TRO directed that possession of 450 Robeson Street be returned to Plaintiffs and that Defendant return the personal property he removed from the premises. The Temporary Restraining Order was amended on November 6, 2010 to expand its scope to include assistance in the recovery by law enforcement agents statewide.

4.

On November 15, 2010, Defendant, through counsel, filed an Answer and

Counterclaims in this action. That document included an affidavit signed and submitted by Penny Alesi. Attached to the affidavit of Penny Alesi are emails showing her previous resignation from the company in August, 2010. 5. On December 13,2010, now Senior Resident Superior Court Judge Gregory Weeks

entered a Preliminary Injunction which placed Defendant under the continuing obligation to return all personal property removed from the premises of 450 Robeson Street. That Order also directed that possession of the real estate at 450 Robeson Street would remain with the Plaintiffs for the duration of this action. 6. On January 6, 2011, Superior Court Judge Gregory Bell signed a restraining order

directing that "William John Hagler and any of his associates or agents shall not directly or indirectly approach within 100 feet of 450 Robeson Street, Fayetteville, North Carolina." order was filed on January 24, 2011. 7. On January 31, 2011, Superior Court Judge Robert Floyd signed an order, inter The

alia, entering summary judgment against Defendant Hagler on the issue of title to 450 Robeson Street, Fayetteville, North Carolina. The Order stated that title was quieted in Isabeau Dakota, Inc. It was entered on February 2, 2011 and recorded with the Register of Deeds on March 17,2011, as directed by its terms. 8. On March 30, 2011, Defendant Hagler caused another document to be recorded at

Book 8616 Page 434 in the Cumberland County Registry purporting to convey title in 450 Robeson Street, Fayetteville, North Carolina to himself. This document also shows no

consideration, and is signed by the same individual, Penny Alesi, who signed the October 27, 2010 void deed.

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9.

Defendant Hagler did not contact Plaintiffs or their counsel prior to .filing this

document. Plaintiffs have made a showing that the filing of this deed was timed in order to disrupt negotiations to lease the building. 10. parte basis. 11. On its face, the March 30, 2011 document recorded at Book 8616 Page 434 in the On April 8, 2011, this matter was brought before the Court on an emergency ex

Cumberland County Registry purports to transfer the title of 450 Robeson Street, asserts control of Plaintiff Isabeau-Dakota, Inc. by Defendant Hagler via the address listed for the corporation on the deed, and asserts a right of possession of 450 Robeson Street by Defendant Hagler. 12. Defendant Hagler has interfered and or attempted to interfere with Plaintiffs'

business relations with its tenants, by inter alia, contacting them, and filing additional fraudulent deeds, despite the above referenced Orders entered in this case. CONCLUSIONS OF LAW 1. The above referenced orders, including the order entered on February 2, 2011, were

not appealed and are the law of this case. 2. By virtue of her submitting an affidavit in this action and other actions aligning

herself as an agent, associate, and/or co-conspirator of and with William John Hagler, Ms. Alesi has submitted herself to the jurisdiction of the Court in this action. 3. The February 2,2011 order granted summary judgment on the issue of title in 450

Robeson Street to Plaintiffs remains in full force and effect. 4. On its face, the filing of this document was recorded in violation of the previous

orders entered in this file granting possession and title in 450 Robeson Street to Plaintiffs.

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5.

The recording of the March 30, 2011 document in the Cumberland County Registry Inc.'s ownership

and other actions by Defendant Hagler interfering with Plaintifflsabeau-Dakota,

and possession of 450 Robeson Street are contemptuous of the Court's previous orders. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that: 1. As previously ordered by the Court, for the duration of this litigation Plaintiffs shall retain lawful possession, with the right to lease part or all of the same, that real estate located at 450 Robeson Street, Fayetteville, North Carolina with the following legal description: A certain tract or parcel of land containing 0.27 acres lying and being in Cross Creek Township, Fayetteville, North Carolina, bounded on the North and West by the City of Fayetteville (see Deed Book 529, Page 10), on the East by Robeson Street, On the South by Patterson Bonded Warehouse (see Deed Book 1177, Page 321) and more particularly described as follows: BEGrNNING at a P.K. nail at the intersection of the southern margin of Italy Street with the northern line of the tract of this is a part (see Deed Book 2774, Page 315, Cumberland County Registry), and runs thence along the new RlW which is a sight line for Robeson Street South 24 degrees 42 minutes 10 seconds East 6.11 feet to an existing RlW disk set in the new Western RlW for Robeson Street, thence with said Western margin of Robeson Street South 22 degrees 41 minutes 03 seconds West 129.44 feet to an existing spike set in the southern line of the tract of which this is a part; thence with said existing spike set in the southern line of this tract of which this is a part; thence with said line North 63 degrees 07 minutes 25 seconds West 94.66 feet to an existing three-quarter inch iron pipe; thence with the Western line of said tract North 29 degrees 26 minutes East 145 feet to an existing three-quarter inch iron pipe; thence with the Northern line South 53 degrees 56 minutes East 74.90 feet to the beginning. Containing .27 acres and being part of a tract as recorded in Deed Book 2774 Page 315, Cumberland County Registry. Being the same lot or parcel of land conveyed by deed dated June 26, 1980 from Quincy J. Scarborough, Jr. and wife, BettyT. Scarborough to William J. Likert and duly recorded in Book 2774, Page 315 Cumberland County Registry. 2. Ms. Penny Alesi is hereby restrained from executing any further documents Inc. or

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purporting to act as an officer, director, employer, or agent of Plaintiff Isabeau-Dakota,

from taking any further actions purporting to be done on behalf of either Plaintiff in this case. 3. Defendant William John Hagler and Penny Alesi are hereby restrained from

recording any further documents in the Cumberland County Registry purporting to transfer 450
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Robeson Street, North Carolina or any interest of any real estate property owned or previously owned by Isabeau-Dakota, Inc. The Cumberland County Register of Deeds is directed not to

record any further documents submitted by Defendant William John Hagler, his agents, or his associates affecting the title of Isabeau-Dakota, Inc. in 450 Robeson Street, North Carolina. 4. Defendant Hagler, Penny Alesi, and their associates, co-conspirators, agents, and/or

assigns are hereby restrained from taking any further acts to interfere with, malign, defame, or impugn Isabeau Dakota, Inc.'s ownership and possession of 450 Robeson Street, Fayetteville, NC, its business relationships and potential business relationships with current or prospective tenants at 450 Robeson Street, and the affairs and reputation of any current, future, or prospective tenants at 450 Robeson Street, or selling or disposing or transferring any other assets of Plaintiffs.

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5.

This includes restraining Defendant Hagler, Penny Alesi, and their associates, co-

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conspirators, agents, and/or assigns from posting false or defamatory information about Plaintiffs, Plaintiffs' associates or employees or agents, andlor their tenants on the internet or through

electronic mail or other means, including, but not limited to, blogs and websites,

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Defendant William John Hagler is directed to present himself to the Court on It;'" CeMvd·v'-O/A.A- if;4-a....'I-.::t! e.;; ~D,.M. 2011 for a hearing' on permanent supplemental relief and to show cause why he should

not be held in contempt of Court. A copy of this Order shall be submitted to the Cumberland County Register of

Deeds, who shall take all reasonable steps to refuse any documents submitted for recordation in violation of this Temporary Restraining Order. SO ORDERED. This the

8'~ day of April,

2011
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SUPEffuR COURTJUI)

PRESIDING

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