Securities and Exchange Commission v. BIC Real Estate Development Corporation et al

Filing 122

ORDER MODIFYING Preliminary Injunction to Release Real Properties signed by Chief Judge Lawrence J. O'Neill on 11/30/2016. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff, 13 v. 14 BIC REAL ESTATE DEVELOPMENT, 15 CORP., et al., 16 Case No. 1:16-cv-00344-LJO-JLT ORDER MODIFYING PRELIMINARY INJUNCTION TO RELEASE REAL PROPERTIES Defendants. 17 18 19 20 The Court has reviewed and considered the Stipulation to Modify Preliminary 21 Injunction to Release Real Properties entered into by and between (1) the Plaintiff 22 Securities and Exchange Commission; (2) Defendant Daniel Nase; and (3) David P. 23 Stapleton (the "Receiver"), the permanent receiver for Defendant BIC Real Estate 24 Development Corporation and its subsidiaries and affiliates, including but not 25 limited to WM Petroleum; Target Oil & Gas Drilling, Inc.; Tier 1 Solar Power 26 Company, Tier 1 Solar Power Company, LLC; and Home Sweet Holdings 27 (collectively, the "Receivership Entities"). Good cause appearing therefor, the 28 Court ORDERS as follows: 1. The property located at 1137 Mornington Avenue, Bakersfield, CA 1 2 93307 shall be released from the asset freeze imposed by the Court's 3 April 8, 2016 Stipulated Preliminary Injunction and Orders (1) 4 Freezing Assets, and (2) Appointing a Permanent Receiver (the 5 "Preliminary Injunction"), and shall no longer fall within the ambit of 6 the receivership estate; 7 2. The property located at 3724 Verdugo Lane, Bakersfield, CA 93312 8 shall be released from the asset freeze imposed by the Preliminary 9 Injunction, and shall no longer fall within the ambit of the receivership estate; and 10 3. All other provisions of the Court's prior orders remain in full force and 11 effect. 12 13 14 IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 30, 2016 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE

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