Securities and Exchange Commission v. CKB168 Holdings Ltd. et al

Filing 395

ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton , 481 F. Supp. 2d 224, 226 (E. D.N.Y. 2007). Accordingly, it is hereby ordered that the R&R (Doc. No. 383 ) is adopted in its entirety andthat the preliminary injunction be modified to lift the freeze on $76, 770.40 of the subject funds. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to the applicants, address as noted in the order. So Ordered by Judge Roslynn R. Mauskopf on 9/27/2017. (Taronji, Robert)

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UNITED STA TES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------------)( SECURITIES AND E)(CHANGE COMMISSION, Plaintiff, - against - ORDER 13-CV-5584 (RRM) (RLM) CKB 168 HOLDINGS , LTD., et al. , Defendants. ------------------------------------------------------------------)( ROSLYNN R . MAUSKOPF, United States District Judge. Non-parties Guo Zhong Ma and Hao En Jia (the "applicants"), who are parents of defendant Joan Congyi Ma ("Ma"), ask the Court to order the release of certain funds (the "subj ect funds") contained in an account controlled by East West Bank. (Mot. Release Funds (Doc. No . 374.) The subject funds have been frozen pursuant to a preliminary injunction entered in this litigation. Plai ntiff Securities and Exchange Commission ("SEC") opposes that request. (Opp'n (Doc. No . 375).) Chief Magistrate Judge Roanne L. Mann issued a Report and Recommendation ("R&R") recommending that the applicants' motion be granted in part, and that the prel iminary injunction be modified to lift the freeze on $76,770.40 of the subj ect funds. (R&R (Doc. No. 383).) Chief Magistrate Judge Mann reminded the parties that, pursuant to Rul e 72(b), any objection to the R&R must be filed by July 10, 2017. No objection has been filed. Pursuant to 28 U. S.C. ยง 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, concurs with the R&R in its entirety. See Covey v. Simonton, 48 1 F. Supp. 2d 224, 226 (E. D.N.Y. 2007). Accordingly, it is hereby ordered that the R&R (Doc. No. 383) is adopted in its entirety and that the preliminary injunction be modified to lift the freeze on $76, 770.40 of the subject funds. The Clerk of Court is respectfully directed to mail a copy of this Memorandum and Order to the applicants, address as follows: Mrs. Hao En Jia Mr. Guo Zhong Ma 411 E. Huntington Dr. Room 107 Arcadia, CA 91006-3731 SO ORDERED. s/Roslynn R. Mauskopf Dated: Brooklyn, New York ~J. , 2017 27 ROSL YNN R. MAUSKOPF United States District Judge 2

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