Commodity Futures Trading Commission v. Mason et al

Filing 95

ORDER as to 86 MOTION for Claims Distribution Method and Distribution Procedure. (Motion Hearing set for 10/14/2014 02:00 PM in Courtroom 3, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen.) Person s wishing to object to the proposed distribution procedure must file their objections with the Court at least ten (10) days prior to the hearing. Signed by Senior Judge Graham Mullen on 9/2/2014. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-CV-196
U.S. COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
vs.
JAMES HARVEY MASON,
Defendant,
vs.
Relief Defendants
JHM FOREX ONLY POOL and
FOREX TRADING AT HOME.

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ORDER
THIS MATTER is before the Court upon the Receiver’s Motion for Approval of
Proposed (1) Claims Verification and Notice Procedures and (2) Claims Distribution Method
and Distribution Procedure filed on August 5, 2014 (Doc. No. 86) seeking this Court’s approval
of proposed procedures for verifying investors’ claims for their losses, as well as approval of a
proposed method of calculating distributions to investors. On September 2, 2014, the Court
approved the Receiver’s proposed procedure for verifying investors’ claims, but reserved
judgment on the proposed method of calculating distributions to investors pending a hearing and
notice to the investors and other interested parties (Doc. No. 94).
IT IS THEREFORE ORDERED that the Court will hold a hearing on October 14,
2014 at 2 p.m. in Courtroom 3 at the Charles R. Jonas Federal Building, 401 W. Trade
Street, Charlotte, NC 28202. At that hearing, the Court will consider the appropriate method for
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calculating distributions to investors, as well as any objections filed by investors or other
interested parties. Any person wishing to attend the hearing may do so; however, persons
wishing to object to the proposed distribution procedure must file their objections with the
Court at least ten (10) days prior to the hearing. Objections filed after that date will not be
considered by the Court. Objections must be filed in writing with the United States District
Court for the Western District of North Carolina; they may be filed electronically via the Court’s
ECF system, or they may be mailed or hand delivered to the Court at the address listed above.
IT IS FURTHER ORDERED that the Receiver shall serve a copy of this order on all
investors and other parties requesting notice as soon as practicable, as well as post a copy of the
order on the Receivership webpage.
SO ORDERED.
Signed: September 2, 2014

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