Federal Trade Commission v. 1st Guaranty Mortgage Corp. et al

Filing 223

ORDER denying 191 Motion to Immediately Dismiss Receiver ; denying 191 Motion for Sanctions; denying 191 Motion for Return of Property. Signed by Magistrate Judge John J. O'Sullivan on 7/20/2011. (mms)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO:09-61840-CIV-O’SULLIVAN
[CONSENT]
FEDERAL TRADE COMMISSION,
Plaintiff,
vs.
1st GUARANTY MORTGAGE CORP., et al.,
Defendants.
___________________________________/
ORDER
THIS MATTER is before the Court on the Defendant Stephen Lalonde’s Motion to
Immediately Dismiss Receiver Broad and Cassell, Motion for Request of Sanctions, and to
Immediately Release All Property Being Held by Receiver of Non-Party Litigants (DE# 191,
2/14/11). Having reviewed the motion and responses, it is hereby
ORDERED AND ADJUDGED that the Defendant Stephen Lalonde’s Motion to
Immediately Dismiss Receiver Broad and Cassell, Motion for Request of Sanctions, and to
Immediately Release All Property Being Held by Receiver of Non-Party Litigants (DE# 191,
2/14/11) is DENIED. “The decision whether to remove a receiver is like, the decision to appoint
one, an equitable determination resting in the sound discretion of the district court....” S.E.C. v.
Spence & Green Chemical Co., 612 F.2d 896, 904 (5th Cir. 1980). Defendant Lalonde has not
demonstrated that the Receiver has acted improperly or inequitably.
DONE AND ORDERED in Miami, Florida, this 20th day of July, 2011.

___________________________________
JOHN O’SULLIVAN
UNITED STATES MAGISTRATE JUDGE
Copies provided to:
All Counsel of Record
Copies provided by Chambers to parties and counsel on the attached Service List:

SERVICE LIST
Amy Lalonde
2090 NE 65th Street
Fort Lauderdale, FL 33308
Stephen Lalonde
Reg. No. #91119-004
Adams County Correctional Center
P.O. Box 1600
Washington, MS 39190
Michael Petroski
5161 NE 18th Ave
Fort Lauderdale, FL 33334
Rhett Traband, P.A.
Michael A. Shafir, Esq.
Broad and Cassell
One Biscayne Tower, 21st Floor
2 South Biscayne Boulevard
Miami, FL 33131
Attorneys for Receiver Mark Raymond
Mark Raymond is Receiver for Defendants: 1st Guaranty Mortgage Corporation
Spectrum Title, Inc.
Crossland Credit Consulting Corp.
Scoreleaper, LLC

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