Rowcliff v. Rongstad

Filing 15

ORDER Pla shall file a memorandum addressing whether the appointment of a receiver is appropriate not later than 10/20/2010. Dft shall file his responsive memorandum not later than 11/1/2010. Signed by JUDGE RICHARD SMOAK on 10/12/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JAMES W. ROWCLIFF, III, Plaintiff/Counter-Defendant, vs. LUTHER J. RONGSTAD, Defendant/Counter-Plaintiff. _________________________________________/ ORDER Before me is Plaintiff's Petition for Appointment of a Receiver and Complaint for Damages (Doc. 1) and Plaintiff's Answer (Doc. 6). Plaintiff shall file a memorandum addressing whether the appointment of a receiver is appropriate not later than October 20, 2010. Defendant shall file his responsive memorandum not later than November 1, 2010. Parties shall, at a minimum, address the following factors: (1) whether there has been fraudulent conduct; (2) whether there is imminent danger that property will be lost or squandered; (3) whether available legal remedies are adequate; (4) whether the probability that harm to the plaintiff by denial of the appointment would be greater than the injury to the party opposing appointment; (5) the plaintiff's probable success in the action and the possibility of irreparable injury to his interests in the property; (6) and whether the interests of the plaintiff will in fact be well served by the receivership. CASE NO. 3:10-cv-282/RS-EMT

ORDERED on October 12, 2010 /S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE