Commodity Futures Trading Commission v. Mason et al

Filing 138

ORDER granting 135 Motion for Settlement; granting 135 Motion for Shortened Notice, the Amendment is APPROVED. Signed by Senior Judge Graham Mullen on 12/30/2014. (Pro se litigant served by US Mail.)(jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
U.S. COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
v.

NO. 3:13-CV-196

JAMES HARVEY MASON,
Defendant, and
THE JHM FOREX ONLY POOL (f/k/a
THE JHM FOREX ONLY POOL, LP), and
FOREX TRADING AT HOME,
Relief Defendants.
ORDER APPROVING AMENDMENT TO SETTLEMENT ON SHORTENED NOTICE
THIS MATTER came before the Court upon the Receiver’s Motion to Approve
Amendment to Settlement and to Shorten Notice filed on December 19, 2014 (the “Motion”)
(Doc. No. 135) seeking this Court’s approval, on shortened notice, of an amendment (the
“Amendment”) to the settlement reached with Stephen Gallagher, Lynn Gallagher and the
Gallagher Family Trust (collectively, the “Gallaghers”). The Court finds that it has jurisdiction
over this matter, that notice was proper and that no responses to the Motion have been filed. The
Court has reviewed the Motion and concludes that the relief requested in the motion should be
granted.
It appears that the Receiver and the Gallaghers negotiated the Amendment at arms’
length, and that the Amendment reflects the best interests of the receivership estate.

It also appears that shortened notice is appropriate under these circumstances given the
apparent lack of any adverse effect by the Amendment on the original settlement reached with
the Gallaghers and considering that the Motion was rapidly served on all parties-in-interest
through email, online publication or ECF.
The Court, having reviewed the Motion, the Amendment, and the record in this case, has
determined that approval of the Amendment proposed in the Motion on shortened notice would
reflect the best interests of the Receivership Estate.
IT IS, THEREFORE, ORDERED that the Motion is GRANTED and the Amendment is
APPROVED.
SO ORDERED.
Signed: December 30, 2014

2