Bank of America, N.A. v. Magruder Construction Co., Inc.

Filing 110

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Receiver's Motion for Instructions Regarding Retainer Request 67 is GRANTED. The Receiver is hereby authorized to pay a retainer to Steven M. Hamburg, Steven M. Hamburg, P.C., counsel for De fendant Magruder, in the amount of $25,000 within ten (10) days of this Order. IT IS FURTHER ORDERED that Defendant's Motion for an Order Directing Receiver to Rescind the Purported Termination of Philip Gali 88 is DENIED. IT IS FURT HER ORDERED that the Receiver is granted fourteen (14) days to review the financing proposals submitted by Utica Leasco, LLC and Heartland Bank and investigate alternate financing proposals. The Receiver shall file its report and recommendation w ith the Court no later than October 24, 2014. Any objections to the Receiver's report and recommendation shall be filed no later than October 31, 2014. The Court will reserve ruling on Defendant's Motion for Approval of Commitment Letter from Utica Leaseco, LLC and for anOrder directing Mr. Philip Gali to Execute the Commitment Letter on Behalf of Magruder Construction Co., Inc. 90 IT IS FURTHER ORDERED that Defendant Magruder is granted fourteen (14) days to submit additional br iefing on its Motion Directing Receiver to Engage Special Counsel and to Release Funds. 103 IT IS FINALLY ORDERED that Receiver's Motion to Change Date for Monthly Report 106 is GRANTED. The Receiver's monthly reports shall be filed on the 17th day of each month. Signed by District Judge John A. Ross on 10/10/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BANK OF AMERICA, N.A.,
Plaintiff,
v.
MAGRUDER CONSTRUCTION CO., INC.,
Defendant.

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No. 4:14-CV-809-JAR

MEMORANDUM AND ORDER
This matter came before the Court for a status conference on October 10, 2014. The
Court took up all pending motions. In accordance with the record made,
IT IS HEREBY ORDERED that the Receiver’s Motion for Instructions Regarding
Retainer Request [67] is GRANTED. The Receiver is hereby authorized to pay a retainer to
Steven M. Hamburg, Steven M. Hamburg, P.C., counsel for Defendant Magruder, in the amount
of $25,000 within ten (10) days of this Order.
IT IS FURTHER ORDERED that Defendant’s Motion for an Order Directing Receiver
to Rescind the Purported Termination of Philip Gali [88] is DENIED.
IT IS FURTHER ORDERED that the Receiver is granted fourteen (14) days to review
the financing proposals submitted by Utica Leasco, LLC and Heartland Bank and investigate
alternate financing proposals. The Receiver shall file its report and recommendation with the
Court no later than October 24, 2014. Any objections to the Receiver’s report and
recommendation shall be filed no later than October 31, 2014. The Court will reserve ruling on
Defendant’s Motion for Approval of Commitment Letter from Utica Leaseco, LLC and for an

Order directing Mr. Philip Gali to Execute the Commitment Letter on Behalf of Magruder
Construction Co., Inc. [90]
IT IS FURTHER ORDERED that Defendant Magruder is granted fourteen (14) days to
submit additional briefing on its Motion Directing Receiver to Engage Special Counsel and to
Release Funds. [103]
IT IS FINALLY ORDERED that Receiver’s Motion to Change Date for Monthly
Report [106] is GRANTED. The Receiver’s monthly reports shall be filed on the 17th day of
each month.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 10th day of October, 2014.

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