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

Filing 93

ORDER GRANTING Stipulation to Waive Requirements of 28:2001(a) and (b) in Connection with and to Establish Sales Procedures for Receiver's Sales of Residential Real Property, signed by Chief Judge Lawrence J. O'Neill on 9/19/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 SECURITIES AND EXCHANGE
COMMISSION,
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Plaintiff,
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v.
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BIC REAL ESTATE DEVELOPMENT
15 CORPORATION and DANIEL R.
NASE, individually and d/b/a
16 BAKERSFIELD INVESTMENT CLUB,
Defendants,

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18 BIC SOLO 401K TRUST and
MARGARITA NASE,
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Relief Defendants.
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Case No. 1:16-cv-00344-LJO-JLT
ORDER GRANTING STIPULATION
TO WAIVE REQUIREMENTS OF 28
U.S.C. § 2001(a) AND (b) IN
CONNECTION WITH, AND TO
ESTABLISH SALES PROCEDURES
FOR, RECEIVER'S SALES OF
RESIDENTIAL REAL PROPERTY
Date:
Time:
Ctrm:
Judge:

NO HEARING REQUIRED
10:00 a.m.
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Hon. Lawrence J. O'Neill

ORDER
The Court has reviewed and considered the Stipulation to Waive
Requirements of 28 U.S.C. § 2001(a) and (b) in Connection with, and to Establish
Sales Procedures For, Receiver's Sales of Residential Real Property (the
"Stipulation") entered into by and between (1) David P. Stapleton (the "Receiver"),
the Court-appointed receiver in the above-entitled matter; (2) Plaintiff Securities and
Exchange Commission; and (3) Defendant Daniel R. Nase ("Mr. Nase")
ORDER ON STIPULATION TO WAIVE 28
U.S.C. 2001(a) AND (b) AND ESTABLISH
SALES PROCEDURES
1055126.01/LA

1 (collectively, the "Parties"). Good cause appearing therefor, the Court orders as
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1.

The Stipulation is granted, in its entirety;

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2.

By agreement, the Parties have waived the requirements of 28 U.S.C.

5 § 2001(a) and (b) in connection with the Receiver's anticipated sales of those
6 residential real properties (the "Properties") included within the receivership estate
7 established and governed by this Court's April 8, 2016 Stipulated Preliminary
8 Injunction and Orders (1) Freezing Assets, and (2) Appointing a Permanent
9 Receiver;
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3.

Accordingly, the Receiver is excused from compliance with

11 28 U.S.C. § 2001(a) and (b) in connection with the Receiver's anticipated sales of
12 the Properties;
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4.

The Sales Procedures, as the term "Sales Procedures" is defined in the

14 Stipulation, shall govern the Receiver's sales of all the Properties, unless otherwise
15 ordered by the Court;
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5.

The Receiver may immediately commence the marketing and sale of

17 the Properties in accordance with the Sales Procedures; and
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6.

The Parties retain and reserve any and all other of their respective

19 rights arising in connection with the above-entitled action.
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21 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

September 19, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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ORDER ON STIPULATION TO WAIVE 28
U.S.C. 2001(a) AND (b) AND ESTABLISH
SALES PROCEDURES
1055126.01/LA

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