United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Filing 149

ORDER signed by District Judge Troy L. Nunley on 8/16/2016 GRANTING 145 Motion for Orders; RATIFYING and APPROVING the Final Accounting in all respects; RATIFYING and APPROVING the Receiver's compensation, fees and expenses through the termina tion of the Receiver's duties as set forth in the Final Accounting; DISCHARGING John Connolly, IV as Receiver; EXONERATING the undertaking filed by the Receiver in the amount of $15,000.00 issued by Liberty Mutual Insurance Company and file d on 9/16/2016; RELIEVING the Receiver from any liability to all owners and tenants located at the property; ORDERING Mechanics Bank to pay to the Receiver, within 10 business days, $3,769.25 as full and final payment of all the Receiver's compensation, fees and expenses; FINDING that the Receiver did not control all or substantially all of the assets of Defendant Volen Properties 9, LLC; ORDERING that the Receiver not prepare a federal or state tax income tax return for the receiversh ip estate; APPROVING the acts, transactions, forbearances and decisions of the Receiver and/or his agents and representatives and FINDING that such actions were appropriate and were in the best interest of the receivership estate and the parties invo lved; ORDERING that the Receiver shall (i) have no obligation or further liability, responsibility for any assets of the receivership estate or any claims or rights which may arise in connection with those assets, and (ii) have no further liability or obligation to the Bank or any of the persons or entities identified in Exhibit 1 to the 145 Notice of Motion. (Michel, G.)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

UNITED STATES OF AMERICA

8
9
10
11
12
13

CASE NO.

2:12-cv-00705-TLN-DB

Plaintiff,
ORDER GRANTING MOTION FOR
ORDERS:

v.
REAL PROPERTY LOCATED AT 149 G
STREET, LINCOLN, CALIFORNIA,
PLACER COUNTY, APN: 008-266-015-000,
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO, ETC, ET AL.
Defendants.

14

(1)
(2)
(3)
(4)
(5)

APPROVING OF RECEIVER'S
FINAL REPORT AND
ACCOUNTING;
APPROVING OF RECEIVER'S
FINAL FEES AND EXPENSES;
DISCHARGING RECEIVER;
EXONERATING RECEIVER'S
BOND; AND
RATIFYING ACTS OF RECEIVER

15
16
17
18
19
20

The Motion of Plaintiff Mechanics Bank ("Bank" or "Plaintiff"): (1) Approving of
Receiver's Final Report and Accounting; (2) Approving of Receiver's Final Fees and Expenses; (3)

21

Discharging Receiver; (4) Exonerating Receiver's Bond; and (5) Ratifying Acts of Receiver (the

22

"Motion") came on regularly for hearing on June 2, 2016, in the above entitled Court. Appearances

23

were as noted in the Record.

24

This Court, having considered the pleadings and papers timely filed herein, the oral

25

argument of the parties and all parties listed on the Proof of Service of the Motion filed concurrently

26

herewith having received due and proper notice of the Motion and good cause appearing therefor:

27

IT IS HEREBY ORDERED AS FOLLOWS:

28

1.

The Final Accounting (as that term is defined in the Motion) is hereby

PRINTED ON

29

RECYCLED PAPER

SF 2133830v2

30

-1-

1

ratified and approved in all respects.

2

2.

The Receiver's compensation, fees and expenses through the termination of

3

the Receiver's duties as set forth in the Final Accounting are hereby ratified and approved in all

4

respects.

5

3.

John Connolly IV shall be discharged as Receiver.

6

4.

The undertaking filed by the Receiver in the amount of $15,000.00 issued by

7
8
9
10

Liberty Mutual Insurance Company and filed on September 16, 2015 shall be exonerated.
5.

The Receiver shall be relieved from any liability to all owners and tenants

located at the Property (as that term is defined in the Motion).
6.

On or before 10 business days have elapsed from the date of the entry of this

11

Order, Mechanics Bank shall pay to the Receiver $3,769.25 as a full and final payment of all of the

12

Receiver's compensation, fees and expenses.

13

7.

The Receiver did not control all or substantially all of the assets of Defendant

14

Volen Properties 9, LLC and the Receiver shall not prepare a federal or state income tax returns for

15

the receivership estate.

16

8.

The acts, transactions, forbearances and decisions of the Receiver and/or his

17

agents and representatives, are approved and were appropriate and were in the best interest of the

18

receivership estate and the parties to the above entitled action and are ratified.

19

9.

The Receiver shall (i) have no obligation or further liability, responsibility for

20

any assets of the receivership estate or any claims or rights which may arise in connection with

21

those assets, and (ii) have no further liability or obligation to the Bank or any of the persons or

22

entities identified in Exhibit 1 to the Notice of Motion.

23
24

IT IS SO ORDERED.
Dated: August 16, 2016

25
26

Troy L. Nunley
United States District Judge

27
28
PRINTED ON

29

RECYCLED PAPER

SF 2133830v2

30

-2-