Securities and Exchange Commission v. Fujinaga et al

Filing 413

ORDER Granting 403 Motion to Authorize and Direct the Receiver to Release Settlement Funds. Signed by Judge James C. Mahan on 4/12/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:13-cv-01658-JCM-CWH Document 412 Filed 04/10/17 Page 1 of 3

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Jason G. Landess, Esq.
Nevada Bar No. 0288
7054 Big Springs Court
Las Vegas, Nevada 89113
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Arise Construction, Inc.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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SECURITIES
AND
COMMISSION,

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Plaintiff,
vs.

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Case No.: 2:13-cv-01658-JCM-CWH
ORDER GRANTING MOTION TO
AUTHORIZE AND DIRECT THE
RECEIVER TO RELEASE
SETTLEMENT FUNDS

EDWIN YOSHIHIRO FUJINAGA and
MRI INTERNATIONAL, INC.,
Defendants,

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EXCHANGE

and
CSA SERVICE CENTER, LLC
THE FACTORING COMPANY,
JUNE FUJINAGA, and
THE YUNJU TRUST,
Relief
Defendants.

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This case is before the Court on movant Arise Construction, Inc.’s (“Arise”)

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Notice of Motion and Opportunity to Object and Motion to Authorize and Direct
the Receiver to Release Settlement Funds (the “Motion”) [ECF No. 403]. The
Motion was served via the ECF system on March 20, 2017, and by U.S. Certified

Case 2:13-cv-01658-JCM-CWH Document 412 Filed 04/10/17 Page 2 of 3

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Mail, Return Receipt Requested upon Antony Santos, Esq, counsel for an
unsecured creditor, and upon the United States Internal Revenue Service by mail
dated March 20, 2017. The dates and manner of service are contained in the
Certificate of Mailing of the Motion.

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The Motion came on regularly before the Court for determination, the

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Honorable James C. Mahan, United States District Judge, presiding. Pursuant to

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LR 7-2, an opposing party must file points and authorities in response to a motion

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and failure to file a timely response constitutes the party’s consent to the granting

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of the motion. See LR 7-2(d); United States v. Warren, 601 F..2d 471, 474 (9th Cir.

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1979). The Court reviewed and considered the Motion, Defendant CSA Service

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Center, LLC’s (“CSA”) Response to the Motion [ECF No. 410], and Arise’s

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Reply [ECF No. 411] to CSA’s Response. No other Defendant, nor any other
party, filed any opposition or objection to the Motion; and the deadline to do so
has passed. Nevertheless, the Court reviewed the substantive merits and grants the

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Motion in full.
IT IS ORDERED THAT:
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The Motion, and all relief sought therein, is granted in its entirety;

and
2.

Robb Evans & Associates LLC, the Receiver in this case, is therefore

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authorized and directed to release and forthwith pay directly to Jason G. Landess,
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Case 2:13-cv-01658-JCM-CWH Document 412 Filed 04/10/17 Page 3 of 3

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Esq., as attorney and agent for movant Arise Construction, Inc. (“Arise”), the sum
of One-Hundred-and-Forty-Thousand Dollars ($140,000.00), representing the
settlement funds arising out of Clark County, Nevada District-Court Case No. A13-691477-C.

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IT IS SO ORDERED:

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______________________

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The Honorable James C. Mahan

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UNITED STATES DISTRICT COURT JUDGE

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April 12, 2017

DATED: ________________________

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