Securities and Exchange Commission v. Mantria Corporation et al

Filing 223

ORDER Modifying the Order re: 82 Order Appointing Receiver, NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: Paragraph 31 of the Courts Order Appointing Receiver 82 is modified as follows: As set forth in detail below, the followin g proceedings, excluding the instant proceeding and all police or regulatory actions and actions of the Commission related to the above- captioned enforcement action, are stayed until further Order of this Court: All civil legal proceedings of any na ture, including, but not limited to, bankruptcy proceedings, arbitration proceedings, foreclosure actions, default proceedings, or other actions of any nature involving: (a) the Receiver, in his capacity as Receiver; (b) any Receivership Property, wh erever located; or (c) any of the Receivership Defendants, including subsidiaries and partnerships; whether as plaintiff, defendant, third-party plaintiff, third- party defendant, or otherwise (such proceedings are hereinafter referred to as Ancillary Proceedings). Accordingly, IT IS SO ORDERED, by Judge Christine M. Arguello on 9/20/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-02676-CMA-MJW
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
MANTRIA CORPORATION,
TROY B. WRAGG,
AMANDA E. KNORR,
SPEED OF WEALTH, LLC,
WAYDE M. MCKELVY, and
DONNA M. MCKELVY,
Defendants.

ORDER MODIFYING ORDER APPOINTING RECEIVER (DOC. # 82)

WHEREAS this matter previously came before the Court upon motion of Plaintiff
Securities and Exchange Commission (“SEC,” “Commission,” or “Plaintiff”) to appoint
a receiver, which this Court granted and appointed a receiver (Doc. # 82); and,
WHEREAS this matter is now before the Court upon motion of the SEC for
expedited hearing whether to modify the stay of litigation imposed by the Order
Appointing Receiver, which hearing occurred on September 20, 2011 at 8:15 a.m.; and
WHEREAS the Court now enters this Order Modifying the Order Appointing
Receiver, modifying the stay of litigation contained in paragraph 31 therein.

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
THAT: Paragraph 31 of the Court’s Order Appointing Receiver (Doc. # 82) is modified
to read as follows:
31.
As set forth in detail below, the following proceedings,
excluding the instant proceeding and all police or regulatory actions and
actions of the Commission related to the above-captioned enforcement
action, are stayed until further Order of this Court:
All civil legal proceedings of any nature, including, but not limited
to, bankruptcy proceedings, arbitration proceedings, foreclosure
actions, default proceedings, or other actions of any nature
involving: (a) the Receiver, in his capacity as Receiver; (b) any
Receivership Property, wherever located; or (c) any of the
Receivership Defendants, including subsidiaries and partnerships;
whether as plaintiff, defendant, third-party plaintiff, third-party
defendant, or otherwise (such proceedings are hereinafter referred
to as “Ancillary Proceedings”).
Accordingly, IT IS SO ORDERED.
DATED: September

20

, 2011
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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