United States Securities and Exchange Commission v. Onyx Capital Advisors, LLC et al

Filing 94

ORDER granting 73 Plaintiff's Motion for Reconsideration of 72 Order Staying the Matteras to Defendant Roy Dixon, Jr.. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION,
Plaintiff,
Case No. 10-11633
v.
HONORABLE DENISE PAGE HOOD
ONYX CAPITAL ADVISORS, LLC,
ROY DIXON, JR. and MICHAEL A. FARR,
Defendants.
_____________________________________/
ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION
OF ORDER STAYING THE MATTER AS TO DEFENDANT ROY DIXON, JR.
On December 13, 2011, Defendant Roy Dixon, Jr., through his bankruptcy counsel, filed a
Plea of Stay indicating he had filed an individual bankruptcy action in the United States Bankruptcy
Court, Norther District of Georgia, Case No. 11-74582. The Court entered an Order staying the
matter as to Roy Dixon, Jr. on December 22, 2011. Plaintiff’s Motion for Reconsideration asserts
that the automatic stay provision of a bankruptcy filing does not apply to an action filed by a
governmental unit to enforce its police and regulatory power. 11 U.S.C. § 362(b)(4). Dixon’s
bankruptcy counsel agreed, filing a Notice of Withdrawal of Plea. This Court agrees. Accordingly,
IT IS ORDERED that Plaintiff’s Motion for Reconsideration (Doc. No. 73) is GRANTED.
The Order Staying the Matter as to Defendant Roy Dixon, Jr. (Doc. No. 72) is SET ASIDE and this
action will proceed accordingly.

Dated: March 14, 2012

S/Denise Page Hood
Denise Page Hood
United States District Judge

10-11633

SEC v. Onyx Capital Advisors, LLC et al

Order Granting Plaintiff’s Motion for Reconsideration of Order
Staying the Matter as to Defendant Roy Dixon, Jr.

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was served upon counsel of record on March
14, 2012, by electronic and/or ordinary mail.
S/Julie Owens
Case Manager

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