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

Filing 249

ORDER denying without prejudice 194 Motion to vacate ; Denying without prejudice 195 Motion to Dissolve Preliminary Injunction and Statutory Restraining Order to Defendants asserting their arguments and presenting their proof in the normal course of trial. Adopting Report and Recommendations re 211 Report and Recommendations. Signed by Judge John Antoon II on 12/15/2010. (DJD)

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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 the Motions to Dissolve Preliminary Injunction and Statutory Restraining Order (Doc. Nos. 194 and 195) filed by Defendants Donovan Davis and Damien Bromfield. The United States Magistrate Judge has submitted a report recommending that the motions be denied. After an independent de novo review of the record in this matter, and consideration of the objections to the Report and Recommendation filed by Defendants Davis and Bromfield (Doc. No. 221), the objections are overruled. The Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. That the Report and Recommendation filed November 1, 2010 (Doc. No. 211) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motions to Dissolve Preliminary Injunction and Statutory Restraining Order (Doc. Nos. 194 and 195) are DENIED without prejudice to Defendants asserting their arguments and presenting their proof in the normal course of trial. DONE and ORDERED in Chambers, Orlando, Florida this __15th___ day of December, 2010. Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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