United States Securities and Exchange Commission

Filing 215

ORDER Granting 203 Motion for Entry of Order Granting Relief from the Stay to Permit Tax Foreclosures to Proceed Against Certain Properties of the Receivership Estates. Signed by District Judge Matthew F. Leitman. (HMon)

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Case 4:17-cv-10963-MFL-SDD ECF No. 215 filed 04/24/20 PageID.3752 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Case No. 17-cv-10963 Hon. Matthew F. Leitman v. TREASURE ENTERPRISE LLC, PATRICIA ENRIGHT GRAY and LARRY ALLEN HOLLEY Defendants, and KINGDOM ASSET MANAGEMENT LLC and CARLEEN RENEE HOLLEY, Relief Defendants. _________________________________________________________________/ ORDER GRANTING MOTION FOR ENTRY OF ORDER GRANTING RELIEF FROM THE STAY TO PERMIT TAX FORECLOSURES TO PROCEED AGAINST CERTAIN PROPERTIES OF THE RECEIVERSHIP ESTATES This matter having come before the Court upon the Motion for Entry of Order Granting Relief from the Stay to Permit Tax Foreclosures to Proceed Against Certain Properties of the Receivership Estates (the “Motion”) filed by O’Keefe & Associates Consulting, LLC and Patrick O’Keefe (the “Receiver”); due and sufficient notice having been given; no objections to the relief requested in the 4790576 Case 4:17-cv-10963-MFL-SDD ECF No. 215 filed 04/24/20 PageID.3753 Page 2 of 3 Motion having been filed or asserted; and the Court being fully advised in the premises: THE COURT HEREBY FINDS THAT: A. This Court has jurisdiction over this action pursuant to Section 22 of the Securities Act of 1933 [15 U.S.C. § 77a et seq.] and Section 27 of the Securities Exchange Act of 1934 [15 U.S.C. § 78a et seq.] (the “Exchange Act”). B. Venue is proper in this Court pursuant to Section 27 of the Exchange C. The Receiver is the duly appointed receiver pursuant to this Court’s Act. Sealed Order Appointing Receiver [Docket No. 10] entered on March 28, 2017 (the “Receivership Order”). NOW, THEREFORE, IT IS ORDERED AND ADJUDGED THAT: 1. The Motion is GRANTED in its entirety. 2. The Genesee County Treasurer is hereby permitted to proceed with the tax foreclosure process related to the Commercial Properties and the Residential Properties (as those terms are defined in the Motion). 3. The provisions of Paragraph 30 of the Receivership Order, that enjoined all persons with notice of the Receivership Order from taking any action to interfere with, hinder, obstruct or dissipate any Receivership Property, including enforcing any lien, are modified to permit the Genesee County Treasurer to 2 4790576 Case 4:17-cv-10963-MFL-SDD ECF No. 215 filed 04/24/20 PageID.3754 Page 3 of 3 proceed with the tax foreclosure process related to the Commercial Properties and the Residential Properties. 4. The provisions of Paragraph 33 of the Receivership Order, which imposed a stay of all proceedings against any Receivership Property, including foreclosure actions, is hereby modified to permit the Genesee County Treasurer to proceed with the tax foreclosure process related to the Commercial Properties and the Residential Properties. IT IS SO ORDERED. /s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: April 24, 2020 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on April 24, 2020, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 3 4790576

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