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09-498 - Stooksbury v. Ross et al (TV1)


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09-498 - Stooksbury v. Ross et al (TV1)
March 19, 2010
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ORDER granting 56 plaintiff's Motion for Leave to Amend Complaint and 67 Motion for Leave to File a Civil RICO Case Statement, if Necessary. Defendants' various motions to dismiss the original complaint 34 36 38 40 50 and 52 are denied as moot. Plaintiff is directed to file an amended complaint and a RICO statement within 20 days of entry of this Order. Signed by District Judge Thomas A Varlan on March 19, 2010. (AYB)
June 18, 2010
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ORDER denying 43 the Motion to Compel Arbitration. Signed by Magistrate Judge H Bruce Guyton on June 18, 2010. (AYB)
April 29, 2011
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MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge Thomas A Varlan on 4/29/11. (ABF)
September 27, 2011
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ORDER granting 163 Plaintiff's Motion for Technical Amendment to his Motion for Sanctions to Include Defendant Patricia Ross, in Her Capacity as Personal Representative of the Estate of Dale Ross, for Failure to Comply with the Court's Order of June 15, 2011 and denying 166 Plaintiff's Motion to Strike Exhibit 1 Attached to the Affidavit of Michael Ross. Signed by Magistrate Judge H Bruce Guyton on September 27, 2011. (AYB)
September 28, 2011
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REPORT AND RECOMMENDATION recommending to grant 151 Plaintiff's MOTION for Sanctions for Failure to Comply with the Court's Order of June 15, 2011 and that the District Judge enter an Order of Default in favor of the Plaintiff on the issue of liability on all claims as to the Ross Defendants. Further, it is recommended that the District Judge grant leave for Plaintiff's counsel to file an affidavit of reasonable fees and expenses to be awarded as an additional sanction against the Ross Defendants. Additionally, it is recommended that the Motion to Designate Hearing to be Show Cause Hearing 164 be denied. Signed by Magistrate Judge H Bruce Guyton on September 28, 2011. (AYB)
November 21, 2011
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ORDER ACCEPTING in part Report and Recommendations 185 by Magistrate Judge H. Bruce Guyton re 151 Motion for Sanctions and 164 Motion to Designate Hearing to be Show Cause Hearing as more fully stated. Signed by District Judge Thomas A Varlan on 11/21/11. (ABF)
January 30, 2012
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MEMORANDUM AND OPINION - Signed by District Judge Thomas A Varlan on 1/30/12. (KMK)
February 1, 2012
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REPORT AND RECOMMENDATION recommending that the Plaintiff be awarded attorneys' fees and expenses in the amount of $108,667.18 re the Defendants' Oppositional Memorandum to Award of Attorney's Fees as Set Forth in Affidavit of Plaintiff's Counsel, Wayne A. Ritchie II, Esq., and Unverified Billings Attributable to Order Named and Unnamed Individuals 222, and the Affidavit of Plaintiff's Counsel Wayne A. Ritchie, II, 211. Signed by Magistrate Judge H Bruce Guyton on February 1, 2012. (AYB)
February 14, 2012
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A Varlan on 2/14/12. (ADA)ORDER granting 263 plaintiff's Motion of Voluntary Dismissal of Defendant Pine Mountain Properties, LLC, Without Prejudice. Pine Mountain Properties, LLC is DISMISSED as a party to this action. Signed by District Judge Thomas
February 16, 2012
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MEMORANDUM OPINION AND ORDER; denying defendant Michael L. Ross's Motion to Set Aside Default and for Relief from Order 259 as well as the Motion 269 to Set Aside Order 250 or In the Alternative, Alter or Amend the Order on Behalf of Defendants Rebecca Jordan, Patricia Ross as Personal Representative of the Estate of Dale Ross and Rarity Management Company, LLC. Signed by District Judge Thomas A Varlan on 2/16/12. (ADA)
April 5, 2012
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MEMORANDUM AND OPINION signed by Magistrate Judge H Bruce Guyton on 4/5/2012. (MGM)
May 29, 2012
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ORDER granting 532 Motion for Temporary Injunctive Relief Pending the Court's Ruling on the Appointment of a Receiver and Request for Expedited Hearing on or before 5/23/12. The foreclosure of the eleven condominium units at Building D of Renaissance at Rarity Bay referenced in plaintiffs motion set for May 30, 2012, is hereby ENJOINED until (1) a receiver is appointed in this case and (2) the receiver makes a determination as to the disposition of theassets of LTR, including specifically the eleven condominium units at issue in the present matter, or (3) such other further prior order of this Court. It is also hereby ORDERED that plaintiff shall post bond with the Court in the amount of $5,000 to secure against damages to Athena should it be determined that Athena was wrongfully enjoined. It is further ORDERED that plaintiff personally serve Athena a copy of this memorandum opinion and order on or before Wednesday, May 30, 2012, at 9:00 a.m. Signed by District Judge Thomas A Varlan on 5/29/12. (ABF)
May 30, 2012
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MEMORANDUM OPINION AND ORDER that Defendants' Notice of Authority of Requirement of the Trial Court to Review a Punitive Damages Award Made Pursuant to Tennessee State Law Claims and Motion for the Court to Undertake Such Review 391 and the Ross Defendants' Joinder with Co-Defendants' Motion to Review Punitive Damages 397 are DENIED. Signed by District Judge Thomas A Varlan on 5/30/12. (ABF)
May 30, 2012
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MEMORANDUM OPINION AND ORDER that the Court does not find the punitive damages verdict is clearly excessive and therefore DENIES defendants Rebecca Rose Ross Jordan and Rarity Management Company, LLC's Motion for Remittitur 392 and the Ross Defendants' Motion for Remittitur 398. Signed by District Judge Thomas A Varlan on 5/30/12. (ABF)
May 30, 2012
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MEMORANDUM OPINION AND ORDER that upon review of the record and the applicable law, the Court hereby GRANTS plaintiff's Motion for Award of Treble Damages Pursuant to 18 U.S.C. 1964(c) 393, and it is ORDERED, pursuant to Rule 52(b) and 18 U.S.C. 1964(c), that plaintiff shall recover from defendants, as treble damages, $10,640,745.00. Signed by District Judge Thomas A Varlan on 5/30/12. (ABF)
May 30, 2012
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MEMORANDUM OPINION AND ORDER that Defendants' Motion for A New Trial 404 and 405 are DENIED. Signed by District Judge Thomas A Varlan on 5/30/12. (ABF)
June 6, 2012
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ORDER Appointing Sterling P Owen, IV to serve as receiver for all of the Defendants in this case. Signed by Magistrate Judge H Bruce Guyton on June 6, 2012. (emailed to Mr. Owen) (AYB)
June 12, 2012
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ORDER denying 585 Defendant Rebecca Ross Jordan's Motion to Quash Plaintiff's Subpoena to Appear at the Hearing Scheduled for June 13, 2012, or in the Alternative to Issue a Protective Order Limiting the Scope of any Examination of this Witness to the Issue Before the Court. Signed by Magistrate Judge H Bruce Guyton on June 12, 2012. (AYB)
June 20, 2012
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ORDER granting in part and denying in part 610 the Motion to Quash Subpoenas filed by Tennessee Land & Lakes, LLC; James F. Macri, the managing partner of Tennessee Land & Lakes; Shanks & Blackstock, attorneys at law; and Gregory D. Shanks, the managing partner of Shanks & Blackstock. The Movants SHALL PRODUCE the documents requested by the Plaintiff, subject to the limitations set forth in this Order, on or before June 29, 2012, or at a later date if by agreement of the Plaintiff and the Movants. To the extent the Plaintiff continues to seek oral testimony to supplement these documents, the Plaintiff may re-notice the depositions limiting the scope of the depositions in a manner consistent with this Memorandum and Order. Signed by Magistrate Judge H Bruce Guyton on June 20, 2012. (AYB)
July 10, 2012
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REPORT AND RECOMMENDATION recommending that Plaintiff's Motion for Award of Attorneys' Fees and Costs Pursuant to 18 U.S.C. § 1964(c) 399 be GRANTED IN PART and DENIED IN PART; and the District Judge enter an Order awarding the Plaintiff $550,000.00, representing an award of reasonable fees and expenses pursuant to RICO, 18 U.S.C. § 1964(c). Signed by Magistrate Judge H Bruce Guyton on July 10, 2012. (AYB)
July 11, 2012
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MEMORANDUM AND ORDER GRANTING IN PART and DENYING IN PART Plaintiff's Motion to Shorten Defendants' Time to Respond to Plaintiff's First Set of Discovery Requests to Defendants in Aid of Execution; Motion to Modify the Briefing Schedule Set Forth in LR 7.1; and Motion for Expedited Ruling and GRANTING IN PART and DENYING IN PART the Defendants' Motion for Protective Order and Response to Plaintiff's Motion to Shorten Time and Motion for Expedited Ruling Status as set forth more fully in this Order. The Court RESERVES ruling on any interrogatories, requests for production, or other discovery device or issue not addressed by this Memorandum and Order. The Court will rule on these unresolved issues, as appropriate, following the Defendants' compliance with this ruling. Either party may notify the Court if a ruling on these issues is necessary or essential going forward. A Status Conference on Discovery is set for 8/24/2012 at 1:30 PM in Courtroom 3A - Knoxville before Magistrate Judge H Bruce Guyton. Signed by Magistrate Judge H Bruce Guyton on July 11, 2012. (AYB)
July 24, 2012
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ORDER granting 652 First Application of Receiver for Interim Compensation and Expense Reimbursement. Signed by Magistrate Judge H Bruce Guyton on 7/24/12. (ADA)
August 1, 2012
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ORDER that Plaintiff's Motion for Temporary Injunctive Reliefand for Expedited Ruling on or Before August 1, 2012 666 is GRANTED. Theforeclosure of the Rarity Bay Lots, real property owed by defendant Tellico Lake Properties, L.P. and referenced in the notice of substitute trustee sale [Doc. 666-1] set for August 9, 2012, is hereby ENJOINED (1) pending completion of the receivers investigation and determination as to the disposition of the assets of Tellico, including specifically the Rarity Bay Lots at issue in the present matter, or (2) such other further prior order of this Court. The motion is DENIED to the extent that the Court declines to further enjoin Athena to theextent requested in plaintiffs motion, finding those requests to be beyond the scope of the relief warranted from the facts and circumstances presented, except that the Court reminds defendants of the contents of Magistrate Judge Guytons order appointing the receiver 586. It is further ORDERED that plaintiff personally serve Athena a copy of this memorandum opinion and order on or before August 9, 2012. Signed by District Judge Thomas A Varlan on 8/1/12. (ABF)
August 21, 2012
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ORDER that defendants objections 309 and 312 to the R&R are OVERRULED. The R&R 254 is AFFIRMED IN WHOLE. Plaintiff is hereby AWARDED a total of $108,667.18 in attorney's fees and expenses pursuant to the Court' previous order 209 directing that reasonable fees and expenses be awarded and that defendants shall pay all such reasonable costs. Signed by District Judge Thomas A Varlan on 8/21/12. (ABF)
August 23, 2012
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ORDER that the Court ACCEPTS IN WHOLE 649 Report and Recommendation. Plaintiff's Motion for Award of Attorneys' Fees and Costs 399 is GRANTED in part and DENIED in part. It is ORDERED that plaintiff be AWARDED total of $550,000.00, such amount presenting an award of reasonable fees and expenses pursuant to RICO, 18 U.S.C. 1964(c). Signed by District Judge Thomas A Varlan on 8/23/12. (ABF)
August 31, 2012
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ORDER granting in part and denying in part 709 Plaintiff's Motion for Full Access to Defendants' Computer Data. Signed by Magistrate Judge H Bruce Guyton on August 31, 2012. (AYB)
September 26, 2012
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ORDER Authorizing Sale of Executed Property re 757 Order on Motion for Approval of Sale of Executed Property. Signed by Magistrate Judge H Bruce Guyton on September 26, 2012. (cert copy forwarded to USMS) (AYB)
October 2, 2012
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ORDER granting in part and denying in part 732 the Receiver's Third Interim Application to Pay Receiver's Fees and Approve Receiver's Attorneys' Fees and Costs, as set forth more fully in this Order. Signed by Magistrate Judge H Bruce Guyton on October 2, 2012. (AYB)
October 10, 2012
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ORDER denying 626 William H. Worley, Rebecca A. Worley, and Bill Worley Construction Co., Inc.'s Motion for Permission to Intervene and/or to Alter and Amend and denying 697 RL REGI-TN OAK, LLC's Motion to Intervene. Signed by Magistrate Judge H Bruce Guyton on October 10, 2012. (AYB)
October 10, 2012
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ORDER granting 743 the Receiver's Motion for Clarification. The Court's clarification of the duties of the Receiver can be found in the Memorandum and Order 766, entered contemporaneously to this Order. Specifically, the clarification can be found in the section of the Memorandum and Order entitled "The Role of the Receiver." Signed by Magistrate Judge H Bruce Guyton on October 10, 2012. (AYB)
November 28, 2012
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ORDER granting 793 the Amended Motion to Withdraw. Attorney Michael Meares is RELIEVED of his representation of the Ross Defendants in this case. Signed by Magistrate Judge H Bruce Guyton on November 28, 2012. (AYB)
November 29, 2012
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ORDER granting 782 the Receiver's Motion to Approve Sale of Motor Vehicles as set forth more fully herein. Signed by Magistrate Judge H Bruce Guyton on November 29, 2012. (AYB)
November 29, 2012
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ORDER granting 781 the Receiver's Fifth Application for Interim Compensation and Expense Reimbursement, whereby the Receiver shall be compensated $23,997.39, representing presently due compensation and expenses of $9,222.39, and the previously approved but unpaid compensation of $14,775; and the Receiver shall remit payment directly to Tennessee Valley Title Insurance Company for their outstanding invoices for services rendered in the total amount of $1,850.00. Signed by Magistrate Judge H Bruce Guyton on November 29, 2012. (AYB)
December 14, 2012
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ORDER granting 819 the Receiver's Request for Distribution and Partial Reimbursement of Attorneys' Fees. Signed by Magistrate Judge H Bruce Guyton on December 14, 2012. (mailed to Mr. Ross) (AYB)
January 9, 2013
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MEMORANDUM AND ORDER granting 802 Sixth Application to Pay Receiver's Fees and Approve Receiver's Attorneys' Fees and Costs. Signed by Magistrate Judge H Bruce Guyton on 1/09/2013. (copy mailed to Michael Ross) (KMK)
January 10, 2013
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ORDER granting in part and denying in part 826 the Motion to Reconsider Memorandum and Order and Motion for Clarification. Signed by Magistrate Judge H Bruce Guyton on January 10, 2013. (mailed to Mr. Ross) (AYB)
April 26, 2013
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ORDER granting 872 Plaintiff Robert T. Stooksbury's Motion for an Order Allowing Mr. Stooksbury or the Receiver to Take Possession of the Rarity Bay Boat Docks and to Receive All Rental Income and for an Order for a Complete Accounting Pending Disposition of the Collateral as set forth more fully herein. Signed by Magistrate Judge H Bruce Guyton on April 26, 2013. (mailed to Mr. Ross) (AYB)
May 7, 2013
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ORDER granting in part and denying in part 916 924 Mr. Howard and Mr. Stooksbury's Motions to Quash. The Motions to Quash are GRANTED to the extent they move the Court to quash the document-production requests contained in the subpoenas, but the Motions to Quash are DENIED to the extend they move the Court to quash the commands for testimony. Because the subpoena served on Mr. Shanks did not command the production of documents, Mr. Shanks's Motion to Quash 925 is DENIED, in its entirety. Signed by Magistrate Judge H Bruce Guyton on May 7, 2013. (mailed to Mr. Ross) (AYB)
July 25, 2013
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ORDER granting 946 Receivers Fourth Quarterly Report and Twelfth Interim Application to Pay Receivers Fees and Approve Receivers Attorneys Fees and Costs. The Court APPROVES the fees due to WMBAC in the amount of $138,261.00. Further, the Court APPROVES and ORDERS reimbursement of: (1) expenses to WMBAC totaling $1,026.74; (2) indirect expenses owed to Bunnell & Woulfe totaling $956.50; and fees for his services and his expenses owed to the Receiver in the amount of $6,107.82. Thus, in total, the Court APPROVES and ORDERS that the Receiver or his agent disburse $8,091.06, to the above persons and entities.Signed by Magistrate Judge H Bruce Guyton on 07/25/2013. (c/m to Mr. Ross) (KAW)
July 29, 2013
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ORDER granting 961 Motion to Compel and Response to Supplemental Notice of American Harper Corporation of Providing Accounting Records and Access to the Receiver. Signed by Magistrate Judge H Bruce Guyton on 07/29/2013. (c/m to Mr. Ross) (KAW)
August 20, 2013
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ORDER granting 974 the Receiver's Thirteenth Application for Interim Compensation and Expense Reimbursement. The Receiver SHALL DISBURSE the $8,445.93 requested in the Thirteenth Application to himself as compensation for services and reimbursement for expenses and SHALL DISBURSE $487.59 to pay Invoice No. 355211 for services and expenses billed by Bunnell & Woulfe, P.A. Signed by Magistrate Judge H Bruce Guyton on August 20, 2013. (mailed to Mr. Ross) (AYB)
August 23, 2013
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ORDER granting 989 Motion to Intervene on a Limited Basis. Signed by Magistrate Judge H Bruce Guyton on 08/23/2013. (KAW)
August 30, 2013
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ORDER re: The Receiver's Fourteenth Application: The Court finds that the compensation and expenses requested are reasonable, and they are APPROVED. The Receiver SHALL DISBURSE the $3,559.75 requested in the Fourteenth Application to himself as compensation for services and reimbursement for expenses and SHALL DISBURSE $378.00 to pay Invoice No. 18416 for professional services rendered by Novinger, Ball & Zivi, P.C.. Signed by Magistrate Judge H Bruce Guyton on 8/30/13. (ABF) Modified on 8/30/2013 to indicate c/m to Michael Ross (ABF).
September 12, 2013
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MEMORANDUM AND ORDER: The Court hereby DENIES Athenas Motion to DismissPetition for Summary Proceedings Pursuant to FRCP 12(b)(1), (2), (4) and (5); or in theAlternative, Athena of SC LLC Moves for the Entry of an Order for Summary JudgmentPursuant to FRCP 56; Memorandum of Law; and Pre-Trial Memorandum of Law 917 and GRANTS the Petition for Implementation of Summary Proceedings,Disgorgement of Funds, to Restrain the Transfer of Receivership Assets and Enter a Stayof All Legal Proceedings Against Any Receivership Property 840 to the extentexplained herein. It is ORDERED that: Athena shall disgorge any proceeds of the sale of the Cabana, whichshall be held by the Receiver as part of the receivership estate; the Mutual Termination and Release of Mandatory SocialMembership for the Rarity Bay Golf and Country Club with Robert and CherylMundle is set aside; receivership assets may not be transferred until the conclusion ofStooksbury II, unless otherwise ordered by the Court; all legal proceedings against receivership assets are stayed until theconclusion of Stooksbury II, unless otherwise ordered by the Court; and Athena provide the Receiver a complete accounting of receivershipassets within thirty (30) days of entry of this order. The Court hereby REFERS the motion for clarification963 to Magistrate Judge H. Bruce Guyton and DIRECTS the magistrate judge toissue a report and recommendation concerning the status of the receivership, which shallinclude among other matters the magistrate judge deems appropriate, a determinationregarding the suitable time for concluding the receivership. Signed by Chief District Judge Thomas A Varlan on 9/12/13. (ABF)
October 4, 2013
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ORDER finding as moot 1006 Motion to Stay; finding as moot 1007 Motion to Stay; finding as moot 1008 Motion to Expedite. Signed by Magistrate Judge H Bruce Guyton on 10/04/2013. (KMK, )
October 25, 2013
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MEMORANDUM AND ORDER granting 1039 Motion for Disbursement of Funds. The compensation and expenses requested by the Receiver are REASONABLE, and they are APPROVED. The Receiver SHALL DISBURSE the $4,844.91 requested in the Fifteenth Application to himself as compensation for services and reimbursement for expenses for the period from August 1 to August 31, 2013; and The $83,411.75 in fees and $725.55 in expenses incurred by WMBAC in serving as counsel to the Receiver during the period from June 1, 2013 to August 31, 2013, are REASONABLE. The Receivers request that WMBAC be reimbursed for these fees and expenses, as funds come available, is APPROVED, subject to further order of the Court.Signed by Magistrate Judge H Bruce Guyton on 10/25/2013. (KAW)
November 1, 2013
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ORDER denying 1043 Motion for Reconsideration. Signed by Magistrate Judge H Bruce Guyton on 11/01/2013. (KAW)
November 8, 2013
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ORDER granting 1066 Motion to Approve Memorandum of Understanding and Distribution of Rental Proceeds by Sterling P Owen, IV. Signed by Magistrate Judge H Bruce Guyton on 11/08/2013. (KMK, )
November 8, 2013
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The Court finds that the compensation and expenses requested are reasonable, and they are APPROVED. The Receiver SHALL DISBURSE the $4,263.16 requested in the Sixteenth Application to himself as compensation for services and reimbursement for expenses and SHALL DISBURSE $350.80 to pay Invoice No. 355875 for professional services rendered by Bunnell & Woulfe, P.A.Signed by Magistrate Judge H Bruce Guyton on 11/08/2013. (KAW)
December 11, 2013
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MEMORANDUM AND ORDER granting 1087 Motion for Disbursement of Funds. The Receiver SHALL DISBURSE the $5,849.16 requested in the Seventeenth Application to himself as compensation for services and reimbursement for expenses.Signed by Magistrate Judge H Bruce Guyton on 12/11/2013. (KAW)
December 11, 2013
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ORDER granting 1099 Motion to Approve Listing Agreement Between the Receiver and Illustrated Properties Real Estate, Inc. Signed by Magistrate Judge H Bruce Guyton on 12/11/2013. (KAW)
December 26, 2013
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ORDER denying 1102 Motion for Disbursement of Funds and denying 1130 Motion for Attorney Fees. Signed by Magistrate Judge H Bruce Guyton on 12/26/2013. (KAW)
December 30, 2013
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ORDER granting in part and denying in part 1106 Motion to Intervene. The Movants request to file a brief in opposition and their request to exceed the page limitation contained in Local Rule 7.1 are GRANTED. The Movants SHALL FILE their brief in opposition, along with its exhibits, on or before January 6, 2014. The Movants request to intervene in this action pursuant to Rule 24 of the Federal Rules of Civil Procedure is DENIED.Signed by Magistrate Judge H Bruce Guyton on 12/30/2013. (KAW)
January 2, 2014
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MEMORANDUM AND ORDER granting 1109 Motion to Stay; granting 1110 Motion to Stay and granting 1111 Motion to Stay. Citizens National Bank is GRANTED relief from the stay in this case for purposes of foreclosing on the real property described as Lot 26R-2, Tellico West Industrial Properties, Grand Vista Drive, Vonore, Tennessee 37885.Signed by Magistrate Judge H Bruce Guyton on 01/02/2014. (KAW)
January 2, 2014
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MEMORANDUM AND ORDER granting 1137 18th Motion for Disbursement of Funds. Signed by Magistrate Judge H Bruce Guyton on 01/02/2014. (KAW)
January 2, 2014
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ORDER. Counsel for the Receiver is ORDERED to file a sworn statement from counsel or the Receiver stating the current status of the alleged failure to respond to discovery addressed in the 1026 MOTION for Order to Show Cause. The Receiver or his counsel shall file this sworn statement on or before January 13, 2014, and the Doukas entities will have up to and including January 20, 2014, to file a sworn statement in rebuttal.Signed by Magistrate Judge H Bruce Guyton on 01/02/2014. (KAW)
January 9, 2014
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ORDER granting 1150 Motion to Approve Sale of Statuary Items. The proposed sales of thirteen (13) statuary pieces are APPROVED, and Furrow Auction Company is APPOINTED as the sales representative and/or auctioneer for such sales.Signed by Magistrate Judge H Bruce Guyton on 01/09/2014. (KAW)
January 10, 2014
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ORDER that the Court finds that the Motion for an Expedited Order Precluding Rarity Management Company LLC from Selling Receivership Assets Pursuant to its January 8, 2014, Notice of Liquidation, 1169 is well-taken, and it is GRANTED. Rarity Management LLC SHALL NOT liquidate any of the lots identified in its Notice of Liquidation 1164 or any other Receivership property to which it may have access. After the Chief District Judge rules on the Objections/Appeal of Decision 1163 and 1168, Rarity Management may renew its notice if such notice is consistent with the Chief District Judges ruling. Signed by Magistrate Judge H Bruce Guyton on 1/10/14. (ABF)
January 14, 2014
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ORDER granting 1062 Motion for Permission to Execute, Sell, and Credit Bid on Certain Rarity Bay Receivership Assets, and Petition to Determine Rarity Managements Title to Those Assets to the Extent Necessary. Signed by Magistrate Judge H Bruce Guyton on 01/14/2014. (KAW)
January 14, 2014
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ORDER granting 1093 Motion and Memorandum of Law for Permission to Execute On, Sell, and Credit Bid on Certain Rarity Management Receivership Assets, and Petition to Disallow, Avoid, or Subordinate Certain Claims to Those Receivership Assets. Signed by Magistrate Judge H Bruce Guyton on 01/14/2014. (KAW)
January 27, 2014
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REPORT AND RECOMMENDATION recommending that the MOTION for Clarification be GRANTED as set forth more fully herein. Signed by Magistrate Judge H Bruce Guyton on January 27, 2014. (AYB)
January 30, 2014
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MEMORANDUM AND ORDER granting 1067 Plaintiffs Motion for Permission to Execute On, Sell, and Credit Bid on Certain Rarity Enclave and Rarity Bay Receivership Assets, and Petition to Disallow, Avoid, or Subordinate Certain Encumbrances and Obligations Related to those Receivership Assets. Signed by Magistrate Judge H Bruce Guyton on 01/30/2014. (KAW)
January 30, 2014
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MEMORANDUM AND ORDER denying 1149 Motion to Intervene. However, the Court finds that CBBC should be afforded an opportunity to pursue recovery against the real property. Accordingly, it is ORDERED:1. On or before February 14, 2014, counsel for CBBC SHALL CONTACT the Receiver and/or his counsel to confer about the priority and status of CBBCs liens. CBBC and the Receiver SHALL ATTEMPT to agree on a manner in which the priority of CBBCs liens can be addressed in execution or to fashion a mutually-agreeable settlement relating to this issue.2. If CBBC and the Receiver cannot reach an agreement to address CBBCs recovery, CBBC may file a motion moving the Court to afford CBBC certain priority in the sale of the real property in which it maintains it has an interest. Any such motion SHALL DESCRIBE the real property, the promissory notes, and the liens on the property in detail, and it SHALL BE FILED on or before February 17, 2014.Signed by Magistrate Judge H Bruce Guyton on 01/30/2014. (KAW)
February 4, 2014
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ORDER granting in part and denying in part 1026 Motion for Order to Show Cause as follows:1. American Harper Corporation, Athena of SC, LLC, and Ted Doukas are ORDERED to pay the Receiver $21,500.00, representing the fees and costs incurred in litigating this issue.2. American Harper Corporation, Athena of SC, LLC, and Ted Doukas are jointly and severally liable for this sanction.3. American Harper Corporation, Athena of SC, LLC, and Ted Doukas SHALL REMIT the $21,500.00 awarded to the Receiver on or before March 4, 2014.4. The Receiver SHALL FILE a Notice of Receipt of Funds in CM/ECF within two business days of these funds being deposited in his account.5. American Harper Corporation, Athena of SC, LLC, and Ted Doukas are ORDERED to fully comply with the production requested in twelve document requests referenced above on or before March 4, 2014, either through full and complete production or by submitting a sworn statement by Mr. Doukas, as principal agent for himself and these entities, stating that the documents do not exist.6. Further, American Harper Corporation, Athena of SC, LLC, and Ted Doukas are ADMONISHED that failure to comply with this Memorandum and Order will result in the undersigned recommending that the Chief District Judge impose additional sanctions, which may include a recommendation that the failure to comply be treated as contempt of court pursuant to Fed. R. Civ. P. 37(b)(2)(A)(vii).Signed by Magistrate Judge H Bruce Guyton on 02/04/2014. (KAW)
February 14, 2014
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ORDER that the Court ACCEPTS IN WHOLE the R&R 1189, and hereby GRANTS the motion for clarification 963. Signed by Chief District Judge Thomas A Varlan on 2/14/14. (ABF)
February 26, 2014
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ORDER granting 1165 19th Motion for Release of Funds. Signed by Magistrate Judge H Bruce Guyton on 02/26/2014. (KAW)
February 27, 2014
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ORDER granting 1162 Motion for Disbursement of Funds. The Receiver SHALL DISBURSE the $46,257.51 in funds described in the Petition, in a manner consistent with his suggested disbursement plan.Signed by Magistrate Judge H Bruce Guyton on 02/27/2014. (KAW)
March 3, 2014
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ORDER granting 1209 Motion for Disbursement of Funds. The Receiver is ORDERED to disburse $525,321.35 from the Receivership account to WMBAC, to satisfy the obligations owed to WMBAC for services rendered from the inception of the Receivership through November 30, 2013.Signed by Magistrate Judge H Bruce Guyton on 03/03/2014. (KAW)
March 4, 2014
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ORDER granting 1214 Motion for Release of Funds. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and they are APPROVED. The Receiver SHALL DISBURSE the $10,734.35 requested in the Twentieth Application to himself as compensation for services and reimbursement for expenses for the period from January 1, 2014, through January 31, 2014.Signed by Magistrate Judge H Bruce Guyton on 03/04/2014. (KAW)
March 28, 2014
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MEMORANDUM AND ORDER granting 1245 21st Motion for Disbursement of Funds. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and they are APPROVED. The Receiver SHALL DISBURSE the $11,766.07, requested as compensation for services and reimbursement for expenses for the period from February 1, 2014, through February 28, 2014, and the $3,250.00, requested to reimburse for third-party expenses incurred.Signed by Magistrate Judge H Bruce Guyton on 03/28/2014. (KAW)
April 30, 2014
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ORDER that the Court OVERRULES defendants objections 1136 and 1168. Moreover, even considering de novo, for the reasons stated herein and by the magistrate judge, the Court finds that the motions for the receivership estate to pay legal fees and expenses without merit. The magistrate judges memorandum and order dated December 26, 2013 1153, is hereby AFFIRMED. Signed by Chief District Judge Thomas A Varlan on 4/30/14. (ABF)
June 30, 2014
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REPORT AND RECOMMENDATIONS re 1032 MOTION Plaintiff Robert T. Stooksbury, Jr.'s Motion For A Preclusion Order Against Athena, Doukas, and Ross filed by Robert T Stooksbury, Jr. The undersigned RECOMMENDS that the Motion for a Preclusion Order [Doc. 1032] be DENIED WITHOUT PREJUDICE, to allow refiling in Stooksbury II as appropriate. Signed by Magistrate Judge H Bruce Guyton on 6/30/14. (KMK)
June 30, 2014
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REPORT AND RECOMMENDATIONS re 1079 MOTION to Enforce Judgment Receiver's Motion and Memorandum of Law to Enforce Court's Memorandum Opinion and Order [Doc. 1035] filed by Sterling P Owen, IV. Based upon the foregoing, the undersigned RECOMMENDS that: 1. Motion to Enforce the Courts Memorandum Opinion and Order [Doc. 1079] be GRANTED IN PART; 2. The Court ORDER that Athena disgorge any proceeds from the sale of the Cabana to the Receiver within ten (10) days of entry of an order ruling upon this Report and Recommendation and ORDER that Athena file in CM/ECF a notice and certification, signed by its principals, giving notice of its compliance and certifying the same within ten (10) days; 3. The Court ORDER that AHC disgorge the boat-slip revenues in the amount of $46,054.00 and membership fees in the amount of $75,000 within ten (10) days of entry of an order ruling upon this Report and Recommendation and ORDER that Athena file in CM/ECF a notice and certification, signed by its principals, giving notice of its compliance and certifying the same within ten (10) days; 4. All other requests for relief be DENIED WITHOUT PREJUDICE to allow refiling of the same in Stooksbury II as appropriate. Signed by Magistrate Judge H Bruce Guyton on 6/30/2014. (KMK, )
June 30, 2014
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REPORT AND RECOMMENDATIONS re 1231 Joint MOTION for Settlement to Approve Compromise and Settlement of Receiver's Claim and Approve Transfer of Rarity Pointe Declarant Rights from the Receiver to WindRiver Investments, LLC filed by Sterling P Owen, IV, 1173 MOTION Clarification filed by Lewis S Howard, 1292 MOTION to Expedite Ruling on Motion for Clarification filed by Lewis S Howard. Signed by Magistrate Judge H Bruce Guyton on 6/30/2014. (KMK)
August 21, 2014
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REPORT AND RECOMMENDATION. The Court finds that the 1295 Receiver's Twenty-Third Application for Interim Compensation and Expense Reimbursement and 1310 Twenty-Fourth Application for Interim Compensation and Expense Reimbursement are well-taken, and the undersigned RECOMMENDS that they be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and the undersigned RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be permitted to DISBURSE the $6,514.82 requested as compensation for services and reimbursement for expenses April 2014 and May 2014. Signed by Magistrate Judge H Bruce Guyton on 8/21/14. (JBR)
September 4, 2014
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MEMORANDUM OPINION AND ORDER. The Court hereby ACCEPTS, to the extent stated herein, Magistrate Judge H. Bruce Guyton's order, which the Court construes as a report and recommendation Doc. 1202, and DENIES/OVERRULES Athena of S.C. LLC's, American Harper Corporation's and Ted Doukas's appeal of that order, which the Court construes as objections Doc. 1226. The motion for order to show cause Doc. 1026 is GRANTED as follows: Ted Doukas and his related entities, representatives, and agents are ORDERED to pay the receiver $21,500.00, representing the fees incurred in litigating this issue. Ted Doukas and his related entities, representatives, and agents are jointly and severally liable for this sanction. Ted Doukas and his related entities, representatives, and agents SHALL REMIT the $21,500.00 awarded to the receiver on or before September 12, 2014. The receiver SHALL FILE a Notice of Receipt of Funds in CM/ECF within two business days of these funds being deposited in his account. Ted Doukas and his related entities, representatives, and agents are ORDERED to fully comply with the production requested in the twelve document requests referenced above on or before September 19, 2014, either through full and complete production or by submitting a sworn statement by Ted Doukas, as principal agent for himself and these entities, stating that the documents do not exist. Signed by Chief District Judge Thomas A Varlan on 9/4/14. (JBR)
September 4, 2014
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MEMORANDUM AND ORDER. The Court finds that the Receiver's Motion to Approve Sale of Real Property 1345 is well-taken, and it is GRANTED. Signed by Magistrate Judge H Bruce Guyton on 9/4/14. (JBR)
September 10, 2014
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ORDER that the Court is in agreement with Magistrate Judge Guytons recommendations, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the R&R 1376, and hereby GRANTS the motions 1295 and 1310. The receiver is permitted to disburse the $6,514.82 requested as compensation for services and reimbursement for expenses inApril and May 2014. Signed by Chief District Judge Thomas A Varlan on 9/10/14. (ABF)
September 24, 2014
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REPORT AND RECOMMENDATIONS recommending that 1330 MOTION for Disbursement of Funds Receiver's Seventh Quarterly Report and Twenty-Fifth Interim Application filed by Sterling P Owen, IV be granted.Signed by Magistrate Judge H Bruce Guyton on 9/24/2014. (MGM)
December 5, 2014
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JOINT REPORT AND RECOMMENDATION FROM THE SETTLEMENT JUDGES; the Settlement Judges are pleased to report to the Court that the goal of the settlement conference has been achieved and the parties have successfully negotiated the settlement of the primary disputes involving the receivership and Stooksbury II. It is our joint recommendation that the Court approve and authorize the settlements outlined herein in the context of the receivership consistent with the Court's in rem jurisdiction and equitable principles controlling a federal receivership. Signed by District Judge Pamela L Reeves and Magistrate Judge C Clifford Shirley on 12/5/14. (ADA)
January 7, 2015
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ORDER: The Court APPROVES and AUTHORIZES the settlements set forth in the R&R as more fully stated in Order. Signed by Chief District Judge Thomas A Varlan on 1/7/14. (ABF)
January 7, 2015
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REPORT AND RECOMMENDATIONS recommending that 1366 MOTION for Disbursement of Funds Twenty-Sixth Application for Interim Compensation and Expense Reimbursement filed by Sterling P Owen, IV, 1430 MOTION for Disbursement of Funds Thirtieth Application for Interim Compensation and Expense Reimbursement filed by Sterling P Owen, IV, 1393 MOTION for Disbursement of Funds Twenty-Seventh Application for Interim Compensation filed by Sterling P Owen, IV, 1410 MOTION for Disbursement of Funds Twenty-Eighth Application of Receiver for Interim Compensation and Expense Reimbursement filed by Sterling P Owen, IV be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and the undersigned RECOMMENDS that they be APPROVED. It is further recommended that the Receiver be permitted to DISBURSE the $19,361.68 requested as compensation for services and reimbursement for expenses incurred in July, August, September, and November of 2014. Signed by Magistrate Judge H Bruce Guyton on 1/7/2015. (MGM)
January 8, 2015
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REPORT AND RECOMMENDATIONS recommending that 1416 MOTION for Disbursement of Funds Receiver's Eighth Quarterly Report and Twenty-Ninth Interim Application filed by Sterling P Owen, IV be GRANTED and that the Receiver be permitted to DISBURSE the $6,409.50 requested as compensation for services and reimbursement for expenses October 2014; and The $108,893.50 in professional fees and $541.91 in expenses incurred by WMBAC be APPROVED, subject to further order of the Court. Signed by Magistrate Judge H Bruce Guyton on 1/8/2015. (MGM)
January 27, 2015
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ORDER that the Court ACCEPTS IN WHOLE the R&R 1441, and hereby GRANTS the motions 1366, 1393, 1410 and 1430. The receiver is permitted to disburse the $19,361.68 requested as compensation for services and reimbursement for expenses in July, August, September, and November 2014. Signed by Chief District Judge Thomas A Varlan on 1/27/15. (ABF)
January 27, 2015
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ORDER that the Court ACCEPTS IN WHOLE the R&R 1442, and hereby GRANTS the motion 1416. The receiver is permitted to disburse the $6,409.50 requested as compensation for services and reimbursement for expenses in October 2014. The $108,893.50 in professional fees and $541.91 in expenses incurred by Woolf, McClane, Bright, Allen & Carpenter, PLLC are approved. Signed by Chief District Judge Thomas A Varlan on 1/27/15. (ABF)
February 4, 2015
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Report & Recommendations recommending that 1443 Motion for Disbursement of Funds be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE, and they are APPROVED. It is further recommended that the Receiver SHALL DISBURSE the $7,618.98, requested as compensation for services and reimbursement for expenses for the period from December 1, 2014, and December 31, 2014. Signed by Magistrate Judge H Bruce Guyton on 2/04/2015. (KMK, ) Modified on 2/5/2015 to replace Order PDF with R&R PDF at the direction of chambers. (MGM)
February 27, 2015
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REPORT AND RECOMMENDATIONS recommending that 1465 MOTION for Disbursement of Funds Thirty-Second Application for Interim Compensation and Expense Reimbursement filed by Sterling P Owen, IV be granted. The Court finds the compensation and expenses requested by the Receiver are REASONABLE and RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be directed to DISBURSE: $14,328.32, requested as compensation for services and reimbursement for expenses for the period from January 1 to January 31, 2015; and $186.30 to the law firm of Bunnell & Wolfe, for services rendered pursuant to Invoice 357526Signed by Magistrate Judge H Bruce Guyton on 2/27/2015. (MGM)
February 27, 2015
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REPORT AND RECOMMENDATIONS recommending that 1458 MOTION for Attorney Fees Receiver's Motion to Approve Attorneys' Fees and Costs filed by Sterling P Owen, IV be granted and that the $135,417.50 in professional fees and $569.00 in expenses incurred through WMBAC for services rendered between December 1, 2013 and February 28, 2014 be APPROVED.Signed by Magistrate Judge H Bruce Guyton on 2/27/2015. (MGM)
March 5, 2015
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ORDER adopting Report and Recommendations re 1463 Report and Recommendations and granting 1443 Motion for Disbursement of Funds. Signed by Chief District Judge Thomas A Varlan on 3/5/2015. (MGM)
March 17, 2015
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ORDER accepting in whole 1493 Magistrate Judge Guyton's Report and Recommendation and granting 1465 the receiver's Thirty-Second Application of Receiver for Interim Compensation and Expense Reimbursement. Signed by Chief District Judge Thomas A Varlan on March 17, 2015. (AYB)
March 17, 2015
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ORDER accepting in whole 1494 Magistrate Judge Guyton's Report and Recommendation and granting 1458 the receiver's Motion to Approve Attorneys' Fees and Costs. The $135,417.50 in professional fees and $569.00 in expenses incurred by Woolf, McClane, Bright, Allen & Carpenter, PLLC between December 1, 2013, and February 28, 2014, are approved. Signed by Chief District Judge Thomas A Varlan on March 17, 2015. (AYB)
April 22, 2015
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REPORT AND RECOMMENDATIONS recommending that 1519 MOTION for Disbursement of Funds Thirty-Fourth Application of Receiver for Interim Compensation filed by Sterling P Owen, IV be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE and RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be directed to DISBURSE: $10,592.75, requested as compensation for services and reimbursement for expenses for the period from March 1 to March 31, 2015.Signed by Magistrate Judge H Bruce Guyton on 4/22/2015. (MGM)
May 12, 2015
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ORDER ACCEPTING 1533 Report and Recommendations and GRANTING 1519 Motion for Disbursement of Funds. The receiver is permitted to disburse the $10,592.75 requested as compensation for services and reimbursement for expenses for the period from March 1, 2015, to March 31, 2015. Signed by Chief District Judge Thomas A Varlan on 5/12/2015. (MGM)
May 29, 2015
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REPORT AND RECOMMENDATION. The Court finds that the Receiver's Thirty-Fifth Application [Doc. 1540] is well-taken, and the undersigned RECOMMENDS that it be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE and RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be directed to DISBURSE: $11,504.91, requested as compensation for services and reimbursement for expenses for the period from April 1 to April 30, 2015. Signed by Magistrate Judge H Bruce Guyton on 5/29/15. (JBR)
June 18, 2015
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ORDER ACCEPTING IN WHOLE 1553 Report and Recommendation and therefore GRANTING 1540 Thirty-Fifth Application of Receiver for Interim Compensation and Expense Reimbursement. The receiver is permitted to disburse the $11,504.91 requested as compensation for services and reimbursement for expenses forthe period from April 1, 2015, to April 30, 2015. Signed by Chief District Judge Thomas A Varlan on 6/18/2015. (MGM)
July 6, 2015
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REPORT AND RECOMMENDATIONS recommending that 1555 MOTION for Disbursement of Funds Ninth Quarterly Report and Thirty-Sixth Interim Application filed by Sterling P Owen, IV be granted. Further recommendations set forth in this R&R.Signed by Magistrate Judge H Bruce Guyton on 7/6/2015. (MGM)
July 23, 2015
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REPORT AND RECOMMENDATIONS recommending that 1579 MOTION for Disbursement of Funds Thirty-Seventh Applicaton of Receiver for Interim Compensation and Expense Reimbursement filed by Sterling P Owen, IV be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE and RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be directed to DISBURSE $7,111.50, representing compensation for services and reimbursement for expenses for the period from June 1 to June 30, 2015. Signed by Magistrate Judge H Bruce Guyton on 7/23/2015. (MGM, )
July 28, 2015
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ORDER adopting Report and Recommendations re 1581 Report and Recommendations and granting 1555 Motion for Disbursement of Funds. Signed by Chief District Judge Thomas A Varlan on 7/28/2015. (MGM)
August 11, 2015
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ORDER that the Court ACCEPTS IN WHOLE the R&R 1587, and hereby GRANTS the motion 1579. The receiver is permitted to disburse the $7,111.50 requested as compensation for services and reimbursement for expenses for theperiod from June 1 to June 30, 2015. Signed by Chief District Judge Thomas A Varlan on 8/11/15. (ABF)
August 25, 2015
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REPORT AND RECOMMENDATIONS recommending 1598 MOTION for Disbursement of Funds Receiver's Thirty-Eighth Application for Interim Compensation filed by Sterling P Owen, IV. The Court finds the compensation and expenses requested by the Receiver are REASONABLE and RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be directed to DISBURSE $8,830.75, representing compensation for services and reimbursement for expenses for the period from July 1 to July 31, 2015. Signed by Magistrate Judge H Bruce Guyton on 8/25/2015. (MGM)
October 8, 2015
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REPORT AND RECOMMENDATIONS recommending that 1613 MOTION for Disbursement of Funds Thirty-Ninth Application for Interim Compensation and Expense Reimbursement filed by Sterling P Owen, IV be GRANTED and that the Receiver be directed to DISBURSE $5,551.91, representing compensation for services and reimbursement for expenses for the period from August 1 to August 31, 2015. Signed by Magistrate Judge H Bruce Guyton on 10/8/2015. (MGM )
October 9, 2015
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ORDER ACCEPTING IN WHOLE 1609 Report and Recommendations and granting 1598 Motion for Disbursement of Funds. Signed by Chief District Judge Thomas A Varlan on 10/9/2015. (MGM)
November 3, 2015
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ORDER adopting Report and Recommendations 1621 Report and Recommendations and granting 1613 Motion for Disbursement of Funds. Signed by Chief District Judge Thomas A Varlan on 11/3/2015. (MGM)
November 30, 2015
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REPORT AND RECOMMENDATIONS: The Court finds that the Receivers Forty-First Application 1626 is well-taken, and the undersigned RECOMMENDS1 that it be GRANTED. The Court finds the compensation and expenses requested by the Receiver are REASONABLE and RECOMMENDS that they be APPROVED. The undersigned RECOMMENDS that the Receiver be directed to DISBURSE $2,375.50, representing compensation for services and reimbursement for expenses for the period from October 1 to October 31, 2015.Signed by Magistrate Judge H Bruce Guyton on 11/30/15. (ABF)
December 23, 2015
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REPORT AND RECOMMENDATIONS: The Final Report and Accounting [Doc. 1630-2] be APPROVED. The actions and activities taken by or on behalf of the Receiver and all payments made by the Receiver in connection with the administration of the receivership estate are APPROVED. The fees and expenses incurred from June 1, 2015 through October 31, 2015, that remain outstanding include the Receivers fees of $4,593.75 and expenses of $26.00, and unpaid Receivers attorneys fees incurred to Woolf, McClane, Bright, Allen & Carpenter, PLLC of $141,744.00 and costs of $1,406.93, be APPROVED and the Receiver be ORDERED to distribute these monies. Signed by Magistrate Judge H Bruce Guyton on 12/23/15. (ABF)
December 23, 2015
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REPORT AND RECOMMENDATIONS re 1603 MOTION to Compel Compliance with Agreed Order and Statement of No Settlement Between the Parties filed by Patricia Ross. It is RECOMMENDED that the Motion to Compel Compliance be DENIED AS MOOT. Signed by Magistrate Judge H Bruce Guyton on 12/23/15. (ABF)
January 13, 2016
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ORDER: The Court ACCEPTS IN WHOLE the R&R [Doc. 1640], and hereby GRANTS the motion [Doc. 1626]. The receiver is permitted to disburse $2,375.50, representing compensation for services and reimbursement for expenses for the period from October 1 to October 31, 2015. Signed by Chief District Judge Thomas A Varlan on 1/13/16. (JBR)
January 13, 2016
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ORDER: The Court ACCEPTS IN WHOLE the R&R [Doc. 1643]. Signed by Chief District Judge Thomas A Varlan on 1/13/16. (JBR)
January 13, 2016
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ORDER: The Court ACCEPTS IN WHOLE the R&R [Doc. 1644], and hereby DENIES AS MOOT the motion [Doc. 1603]. Signed by Chief District Judge Thomas A Varlan on 1/13/16. (JBR)