Serefex Corporation v. Hickman Holdings, LP et al

Filing 127

ORDER counsel directed to file motions for pro hac vice admission on or before 5 business days from entry of this Order; counsel shall advise the Court in writing of disposition of Serefexs Motion to Intervene in the adversary proceeding on or before 5 business days from such ruling; and Biltmore Investments, Ltd. shall notify this Court in writing on or before 2/29/12 of status of its bankruptcy proceeding. Signed by District Judge Martin Reidinger on 10/20/11. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv255

SEREFEX CORPORATION,
Plaintiff,
vs.
BILTMORE INVESTMENTS, LTD.,
Defendant.

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ORDER

THIS MATTER is before the Court on the Order of Hon. John E. Steele
[Doc. 124] transferring this case to the Western District of North Carolina.
This case was filed in 2008 in the United States District Court for the
Middle District of Florida. [Doc. 1]. Biltmore Investments, Ltd. (Biltmore) was
added as a defendant in March 2009. [Doc. 25]. The action arises from a
stock exchange agreement entered into between Serefex Corporation
(Serefex) and Hickman Systems, Inc. in 2007. [Id.]. Biltmore is alleged to
have acted as a broker for the agreement. [Id. at 7]. In August 2010, default
judgments were taken against the other named defendants in the action,
leaving Biltmore as the only remaining defendant. [Doc. 115]. In February

2011, Biltmore notified the Court that it had filed a Chapter 11 bankruptcy
petition in the United States Bankruptcy Court for the Western District of North
Carolina. [Doc. 120]. In March 2011, the District Court in Florida entered an
Order staying this case, terminating all previously filed motions and scheduled
deadlines and ordering Biltmore to notify the Court of the status of the
bankruptcy case on or before February 29, 2012. [Doc. 121]. The case was
then transferred to this Court on October 3, 2011. [Doc. 124].
The Court notes that Biltmore has brought an adversary proceeding in
the United States Bankruptcy Court for the Western District of North Carolina
against two of the parties against whom Serefex has obtained default
judgments in this case. [Biltmore Investments, Ltd. v. David D’Anza, Hickman
Holdings, L.P., AP 11-01021]. The Court also notes that Serefex moved to
intervene in that adversary proceeding as a party in interest to defend against
the allegations made against D’Anza and Hickman Holdings. [Id. at Doc. 11].
A hearing on the motion was scheduled in Bankruptcy Court on October 19,
2011. [Id. at Doc. 21].
The transferred case remains stayed by the previous Order of Judge
Steele. The Court, however, directs that counsel advise whether the motion
to intervene in the Adversary Proceeding is granted or denied. The Court also
notes that counsel were notified to file a motion for pro hac vice admission on

or before October 14, 2011 and have not done so.
IT IS, THEREFORE, ORDERED that counsel are directed to file motions
for pro hac vice admission on or before five (5) business days from entry of
this Order.
IT IS FURTHER ORDERED that counsel shall advise the Court in
writing of the disposition of Serefex’s Motion to Intervene in the adversary
proceeding on or before five (5) business days from such ruling.
IT IS FURTHER ORDERED that Biltmore Investments, Ltd. shall notify
this Court in writing on or before February 29, 2012 of the status of its
bankruptcy proceeding.
Signed: October 20, 2011