Securities and Exchange Commission v. Schooler et al

Filing 1581

ORDER Granting Recommendation Regarding Engagement of Real Estate Brokers #1564 . Signed by Judge Gonzalo P. Curiel on 1/23/18.(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,

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ORDER GRANTING
RECOMMENDATION REGARDING
ENGAGEMENT OF REAL ESTATE
BROKERS

Plaintiff,

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Case No.: 3:12-cv-02164-GPC-JMA

v.
LOUIS V. SCHOOLER and FIRST
FINANCIAL PLANNING
CORPORATION d/b/a WESTERN
FINANCIAL PLANNING
CORPORATION,

[ECF No. 1564]

Defendants.

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Before the Court is a recommendation by the Receiver to engage real estate

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brokers for the Dayton II, Dayton III, Silver Springs South, Stead, and Washoe IV

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Properties. (ECF No. 1564.) As part of the Modified Orderly Sale Process approved by

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this Court (ECF No. 1359), the Receiver is to solicit proposed listing agreements from

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qualified, license real estate brokers in the local area of a GP property and then make a

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recommendation regarding the engagement of a particular broker. In the instant

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recommendation, the Receiver seeks to sign proposed listing agreements with brokers as

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to five GP properties: (1) Dayton II, (2) Dayton III, (3) Silver Springs South, (4) Stead,

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3:12-cv-02164-GPC-JMA

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and (5) Washoe IV. With respect to the Dayton II, Dayton III, Silver Springs South, and

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Washoe IV Properties, Receiver proposes to sign listing agreements with broker CBRE;

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with respect to the Stead Property, Receiver proposes to sign a listing agreement with

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broker Bradway Properties. The Receiver attaches to its recommendation filing a copy of

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each proposed listing agreement. (ECF No. 1564 at 10–57.)

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The Court has reviewed the recommendation and the proposed listing agreements.

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Finding good cause, and pursuant to its broad equitable power when supervising an

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equity receivership, see SEC v. Capital Consultants, LLC, 397 F.3d 733, 738 (9th Cir.

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2005), the Court APPROVES and ADOPTS the Receiver’s Recommendation

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Regarding Engagement of Real Estate Brokers for Dayton II, Dayton III, Silver Springs

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South, Stead, and Washoe IV Properties. (ECF No. 1564.)

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IT IS SO ORDERED.
Dated: January 23, 2018

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3:12-cv-02164-GPC-JMA