Federal Trade Commission v. Ivy Capital, Inc. et al

Filing 431

ORDER Granting in part and Denying in part 421 Defendants' Motion Allow Sale of Property Subject to Asset Freeze. Signed by Judge James C. Mahan on 03/14/2014. (Copies have been distributed pursuant to the NEF - AC)

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David R. Koch (NV Bar No. 8830)
Daniel H. Stewart (NV Bar No. 11287)
KOCH & SCOW LLC
11500 S. Eastern Avenue, Suite 210
Henderson, NV 89052
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Benjamin E. Hoskins, Leanne Hoskins,
Oxford Financial, LLC, and Dream Financial

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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Case No.: 2:11-cv-00283-JCM-GWF

FEDERAL TRADE COMMISSION,

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Plaintiff,
v.
[PROPOSED] ORDER GRANTING IN
PART AND DENYING IN PART
DEFENDANT BENJAMIN HOSKINS’
AND RELIEF DEFENDANT LEANNE
HOSKINS’ MOTION TO ALLOW SALE
OF PROPERTY SUBJECT TO ASSET
FREEZE

IVY CAPITAL, INC. et al.,
Defendants, and
CHERRYTREE HOLDINGS, LLC, et al.,
Relief Defendants

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Defendant Benjamin Hoskins’s and Relief Defendant Leanne Hoskins’s Motion to Allow

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Sale of Property Subject to Asset Freeze came on for hearing in this Court on February 25, 2014,

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at 10:00 a.m., with David R. Koch appearing on behalf of Benjamin and Leanne Hoskins, and

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Shameka L. Walker appearing on behalf of the Federal Trade Commission. After considering the

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briefs and the oral argument of counsel, the Court rules as follows:

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The Motion is granted in part and denied in part. The Court will allow the Hoskins to sell

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the home located at 10 Drifting Shadow Way and the adjoining lot at 6 Drifting Shadow Way,

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but any proposed sale shall be presented to the Court for approval prior to closing.

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In the event that the house and lot are sold with the Court’s approval, all proceeds of sale

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that exceed the current mortgage shall be deposited into an account approved by the Court and

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held subject to the asset freeze ordered by the Court at the outset of the case. The funds should

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remain frozen until further order of the Court.

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IT IS SO ORDERED

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_

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United States District Judge

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March 14, 2014
DATED:___________________________
Submitted by:
KOCH & SCOW LLC
/s/ David R. Koch
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David R. Koch
Attorneys for Benjamin E. Hoskins, Leanne Hoskins,
Oxford Financial, LLC, and Dream Financial

Reviewed and approved:
THE FEDERAL TRADE COMMISSION

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/s/ Shameka L. Walker
Shameka L. Walker
Attorney for the Plaintiff

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