Securities and Exchange Commission v. Biltmore Financial Group, Inc. et al

Filing 64

ORDER granting 63 Consent Motion To Extend Stay of Proceedings among the parties unrelated to the activities of the Receiver effected by the December 16, 2009 Order and shall be extended through and including 4/1/10, provide d, however, the Commission shall be free, without first seeking relief from this Order, to file a motion seeking from Defendants disgorgement, prejudgment interest thereon and civil penalties.. Signed by District Judge Richard Voorhees on 2/12/10. (smj)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:08cv136 : : : : : : : : : : : : : : : : : THIS MATTER is before the Court on the Consent Motion of Defendants and Relief Defendants (Document #63) to extend the stay of discovery, pleadings practice, and other proceedings among the parties unrelated to the activities of the Receiver, which stay was effected by the December 16, 2009 Order of this Court. Plaintiff Securities and Exchange Commission consents to the Motion. WHEREFORE, for the reasons stated in the Motion, it hereby is ORDERED that the stay of discovery, pleadings practice, and other proceedings among the parties unrelated to the activities of the Receiver effected by the December 16, 2009 Order of this Court is and shall be extended through and including April 1, 2010, provided, however, that the Commission shall be free, without first seeking relief from this Order, to file a motion seeking from Defendants disgorgement, prejudgment interest thereon, and civil penalties.

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. BILTMORE FINANCIAL GROUP, INC., and J. V. HUFFMAN, JR., Defendants, and GILDA BOLICK HUFFMAN, Relief Defendant.

ORDER

Signed: February 12, 2010