U.S. Commodity Futures Trading Commission v. Capital Blu Management, LLC et al

Filing 133

ORDER that terminating the Receivership at this point is premature and therefore the Court declines to adopt 115 Report and Recommendation. The Successor Receiver shall provide a status report to this Court no later than May 15, 2010 including th e assets discussed in her objection to the report and recommendation. Plaintiff shall take on certain tasks to assist the Successor Receiver in locating assets, individuals and information helpful to the Receivership estate. The status report shall include what tasks plaintiff has taken on and the results of those efforts. This Court will reevaluate the viability of the Receivership periodically. The Successor Receiver is to immediately inform the Court, if in her opinion, the Receivership should be terminated. Signed by Judge John Antoon II on 4/9/2010. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES COMMODITY FUTURES TRADING COMMISSION, Plaintiff, -vsCAPITAL BLU MANAGEMENT, LLC, DD INTERNATIONAL HOLDINGS, LLC, DONOVAN DAVIS, JR., BLAYNE DAVIS, DAMIEN BROMFIELD, Defendants. ______________________________________ Case No. 6:09-cv-508-Orl-28DAB

ORDER
This case is before the Court on a finding by United States Magistrate Judge Baker that the Receivership is no longer viable. United States Magistrate Judge Baker has submitted a report recommending that the Receivership be terminated. After an independent de novo review of the record in this matter, and consideration of the objections filed by the Successor Receiver (Doc. No. 119) and Plaintiff (Doc. 120), the Court is of the opinion that terminating the Receivership at this point is premature and declines to adopt the Report and Recommendation. The Successor Receiver shall, however, provide a status report to this Court no later than May 15, 2010, including but not limited to the likelihood of recovering the assets discussed in her objections to the Report & Recommendation. Further, Plaintiff shall take on certain tasks to assist the Successor Receiver in locating assets, individuals and

information helpful to the Receivership estate. The status report shall include what tasks Plaintiff has taken on and the results of those efforts. This Court will reevaluate the viability of the Receivership periodically. The Successor Receiver is under a duty throughout this litigation, to immediately inform the Court, if in her opinion, the Receivership should be terminated. DONE and ORDERED in Chambers, Orlando, Florida this ___9th____ day of April, 2010.

Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party

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