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06-951 - Securities and Exchange Commission v. McMillan


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06-951 - Securities and Exchange Commission v. McMillan
August 29, 2006
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ORDER granting 16 Motion for Deposit Check to Registry of Court by Securities and Exchange Commission. (See order for details) . Signed by Judge Stephen M McNamee on 8/28/06. (LCF)
December 8, 2006
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ORDER MODIFYING ASSET FREEZE - The Court has considered Plaintiff's 19 Motion to Modify Asset Freeze, THEREFORE IT IS ORDERED that the Court's Preliminary Injunction and Asset Freeze enterd on 4/17/06 is modified to allow Polly McMillan to sell two items of community property, a pontoon boat and Harley Davidson motorcycle to use the proceeds from the sale to pay mortgage and late charges and to make the December 2006, January and February 2007 mortgage payments in the amount of $14,010.66. The remaining balance of the proceeds must be deposited into the registry of the court. The funds deposited into the registry of the court shall be placed in an interest bearing account. Signed by Judge Stephen M McNamee on 12/7/06.(SAT)
August 2, 2007
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ORDER AMENDING ASSET FREEZE - Upon the 21 Motion/Petition Order Amending Asset Freeze by Non-Party Polly McMillan, IT IS ORDERED that the April 13, 2006 Order of Preliminary Injunction, Asset Freeze, and Accounting is amended to permit Polly McMillan to sell her residence located at 233 Riverfront Drive, Bullhead City, Arizona (the "Residence"), and to place the proceeds from the sale of the Residence in the registry of the Court, pending final settlement between Polly McMillan and the Securities and Exchange Commission. Signed by Judge Stephen M McNamee on 8/2/07.(SAT)
August 27, 2007
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ORDER granting 23 Motion/Petition for Order re: Disbursement of Registry Funds. Court's 8/22/07 22 Order Amending Asset Freeze is modified to allow Polly McMillan to make 3 monthly withdrawals of $3000 each to begin after the proceeds from the sale of Polly McMillans house (the House) are placed in the registry of the Court. After the initial deposit of the proceeds from the sale of the House into the registry of the Court, the Clerk of the Court is ordered to pay Polly McMillan $3,000 as soon as possible, pay $3,000 on the 30th day and pay Polly McMillan $3,000 dollars on the 60th day. Plaintiff to file a Status Report 90 days after Polly McMillan's initial deposit of proceeds from the sale of the House into the registry of the Court. Signed by Judge Stephen M McNamee on 8/27/07.(SAT)
December 13, 2007
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ORDER - IT IS ORDERED that the Court's August 27, 2007 25 ORDER amending asset freeze, is further modified to allow Polly McMillan to make one additional monthly withdrawal of $3,000 from the funds deposited into the registry of the Court. IT IS FURTHER ORDERED directing the Clerk of the Court is ordered to pay Polly McMillan $3,000 dollars as soon as possible after the entry of this Order. IT IS FURTHER ORDERED that the Plaintiff shall file a Status Report with the Court by January 14, 2008. Signed by Judge Stephen M McNamee on 12/13/07. (SAT)
January 18, 2008
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ORDER - IT IS HEREBY ORDERED that the Court's August 27, 2007 25 ORDER amending asset freeze, is further modified to allow Polly McMillan to make one additional monthly withdrawal of $3,000 from the funds deposited into the registry of the Court. IT IS FURTHER ORDERED directing the Clerk of the Court to pay Polly McMillan $3,000 dollars as soon as possible after the entry of this Order. FURTHER ORDERED that a Status Conference is set for 3/3/2008 at 01:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee. Signed by Judge Stephen M McNamee on 1/18/08. (SAT)
February 22, 2008
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ORDER granting 33 Motion for Disbursement of Funds. Polly McMillan shall surrender $288,677.63 of the $463,677.63 net proceeds of the sale of Polly McMillan's house (the "House") that had been placed into the registry of the Court in 8/07. In surrendering such funds, Polly McMillan fully and completely satisfies her portion of the disgorgement amount owed with David L. McMillan. Polly McMillan relinquishes all legal and equitable right, title and interest in such funds and no part of the funds shall be returned to Polly McMillan. These funds shall remain in the Court's registry until further order of the Court. FURTHER ORDERED that the Clerk pay $160,000.00, an amount representing the remaining proceeds from the sale of the House currently on deposit in the registry of the Court, plus all accrued interest, to Polly McMillan as soon as possible. Signed by Judge Stephen M McNamee on 2/22/2008.(LAD)
April 28, 2008
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ORDER granting Pla's 37 Motion for Leave to Appear Telephonically. Counsel for Pla may appear telephonically at the May 5, 2008 status conference by calling Judge McNamee's chambers (602-322-7555) no later than 10:25 a.m. (local time) on May 5, 2008. Signed by Judge Stephen M McNamee on 4/28/08.(KMG)
May 5, 2008
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ORDER - Pursuant to the 39 STIPULATION for Conditional Deposit of Funds into Registry of the Court, IT IS HEREBY ORDERED that the Commission and Recycling shall cause funds from First American Title Insurance Agency of Mohave, Inc. check number 295336328 in the sum of $124,741.67 to be deposited into the registry of the court. This order shall pertain to any check replacing the original check because it had become a stale instrument. FURTHER ORDERED that the deposit of these funds shall be accompanied by a Notice of Deposit, filed with the Clerk of the Court. FURTHER ORDERED that the Clerk is directed to accept these funds and directed to sequester $76,092.41 of the funds until further order of the court. The remainder of the funds represented by the check are to be maintained with other funds on deposit in this action. FURTHER ORDERED that Recycling shall be permitted to file a motion without opposition from the Commission to intervene in this matter. FURTHER ORDERED that the Commission and Recycling shall inform the court as to their desire as to how the sequestered funds are to be disbursed at the conclusion of litigation between the parties. Signed by Judge Stephen M McNamee on 5/5/08. (SAT)
June 17, 2008
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ORDER good cause appearing re 43 Motion to Amend/Correct, that Commission and Recycling shall cause funds from a May 29, 2008 Cashiers Check (Cashiers Check), check number 0649202271, in the sum of $125,102.02 to be deposited into the registry of the Court. This order shall pertain to any check replacing the original check because it had become a stale instrument. See order for details. Signed by Judge Stephen M McNamee on 6/17/08.(DMT, )
August 14, 2008
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ORDER directing the parties to file any objections to the proposed course of action, by which $76,092.41 will be invested in CRIS by 8/22/08. ORDER directing the Clerk of the Court to automatically invest the $76,092.41 currently sequestered per Order dated 6/17/08, if no objections are filed by 8/22/08. ORDER setting a status conference for 9/22/08 at 1:30 p.m.. Signed by Judge Stephen M McNamee on 8/13/08. (TLJ)
September 11, 2008
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ORDER granting 47 Plaintiff's Motion for Leave to Appear Telephonically at 9/22/008 Status Conference. Signed by Judge Stephen M McNamee on 9/11/08.(LSP)