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03-545 - Securities and Exchange Commission v. Presidents Trust et al


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03-545 - Securities and Exchange Commission v. Presidents Trust et al
August 11, 2005
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ORDER - Before the court is the parties' joint Stipulated Motion to Continue Hearing onFinancial Relief, Filing No. 57. For good cause shown, the court will grant the motion. IT IS ORDERED that the hearing previously scheduled for September 15, 2005, is rescheduled before the undersigned on December 9, 2005, at 1:30 p.m., Courtroom 3 (Omaha). Signed by Judge Joseph F. Bataillon on 8/11/2005. (TJS)
December 2, 2005
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ORDER - The parties' joint Motion to Continue Hearing 59 is granted. The hearing previously scheduled for December 9, 2005, is rescheduled before the undersigned on February 2, 2006, at 1:30 p.m., Courtroom 3(Omaha). Signed by Judge Joseph F. Bataillon on 12/2/2005. (KBJ)
January 31, 2006
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ORDER granting 61 parties' Joint Stipulated Motion to Continue. The hearing previously scheduled for February 2, 2006, is rescheduled before the undersigned on March 9, 2006, at 1:30 p.m., Courtroom 3(Omaha). Signed by Judge Joseph F. Bataillon on 1/31/2006. (SMS, )
March 3, 2006
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ORDER granting 63 Motion to Continue. The hearing previously scheduled for March 9, 2006, is continued to June 8, 2006, at 1:30 p.m., Courtroom 3 (Omaha). Signed by Judge Joseph F. Bataillon on 3/3/2006. (SMS, )
June 5, 2006
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ORDER granting 65 Motion to Continue Hearing on Financial Relief; hearing continued to 9/7/2006 at 1:30 p.m., Courtroom 3 (Omaha). Signed by Judge Joseph F. Bataillon on 6/5/2006. (SMS, )
September 5, 2006
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ORDER granting 67 Motion to Continue; the parties shall file settlement and dismissal documents by December 5, 2006. Ordered by Judge Joseph F. Bataillon.(PCV, )
April 4, 2007
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ORDER - IT IS ORDERED that: 1. The Receiver's Third Motion for Authority to Disburse Receivership Funds 73 is granted; 2. The Receiver is hereby authorized and directed to make a distribution to the investors in the Fixed Income Trust-Secured, listed in Exhibit A, Filing No. 73, Attachment 1, pp. 1-27, using funds on deposit at Nebraska State Bank. The Receiver is directed to make this third interim distribution to the holders of said accounts representing 10% of the amount invested; all distributions will be made in the name of the Account Registration, as shown on Exhibit A; 3. Any distribution otherwise payable to FITS investors totaling less than $5.00 should be retained by the Receivership and then distributed among the remaining FITS investors; 4. Any payments received with respect to accounts listed on Exhibit B, FilingNo. 73, Attachment 1, p. 28, should be credited against the 10% distributionto be made to the investors who received such distributions; and 5. To the extent that the investors listed on Exhibit B received previous distributions in excess of that amount which they were entitled to receive and such excess amounts cannot be offset against the 10% distribution to be made, the court grants the Receiver the authority to pursue recovery of the excess amounts erroneously distributed. Ordered by Judge Joseph F. Bataillon. (KBJ)
May 3, 2007
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ORDER granting 78 Motion for Release of Funds; IT IS ORDERED that:Donald T. Pleiss Application for Accountants Fees (Filing No. 78) isapproved; Donald T. Pleiss is awarded compensation for his services in the amount of $429.00; and Koski Professional Group, P.C., is awarded compensation in the amount of $2,998.00. Ordered by Judge Joseph F. Bataillon.(PCV, )
May 23, 2007
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ORDER granting 80 Motion for Attorney Fees Fees awarded to Receiver Thomas D. Stalnaker in the amount of $16,268.87. Ordered by Judge Joseph F. Bataillon.(ADB)
May 20, 2008
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ORDER approving 93 Motion for Release of Funds; IT IS ORDERED that:1. Koski Professional Group, P.C.s Application for Accountants Fees 93 is approved; and 2. Koski Professional Group, P.C., is awarded compensation in the amount of $3,071.00. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
May 20, 2008
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ORDER granting 92 Receiver's Fourth Application for Receiver's Compensation and Reimbursement of Expenses. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
September 9, 2008
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ORDER- Plaintiffs stipulated motion for entry of injunction 104 as to David D. Klasna and to dismiss plaintiffs claims for disgorgement and penalties as to defendants Klasna and Pierce is granted. An order of permanent injunction will issue this date. This action is dismissed with prejudice. The court retains jurisdiction over the wind-up of affairs by the Receiver. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
September 9, 2008
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ORDER OF PERMANENT INJUNCTION and other relief as to David D. Klasna. This court shall retain jurisdiction over this action for purposes of of enforcing the terms of this Final Judgment. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
December 22, 2008
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ORDER - The Receivers Motion for Authority to Make Final Disbursement ofReceivership Funds and Final Application for Compensation andReimbursement of Expenses for Receiver and Accountants (Filing No. 107)is granted. The Receiver is authorized and directed to make a final distribution to the FITS investors, listed in Exhibit A to the motion, using funds on deposit at Mutual of Omaha Bank; all distributions shall be made in the name of the Account Registration, as shown on Exhibit A. Any unclaimed funds from previous distributions shall be distributed among the remaining FITS investors. Any funds otherwise payable to a FITS investor in an amount less than $5.00 shall be retained by the Receiver and distributed among the remaining FITS investors. Compensation to the accounting firm Koski Professional Group, P.C., in the amount of $4,500.00 is approved. Compensation to Thomas D. Stalnaker, Receiver, in the amount of $9,970.80 for fees and $1,204.40 for expenses is approved. The Receiver shall file a final report with the court once all funds have been disbursed and accounts are closed. Ordered by Chief Judge Joseph F. Bataillon. (MKR)