Alterna Mortgage Income Fund, LLC v. GS Holdings-Brookside, Ltd. et al

Filing 78

ORDER GRANTING MOTION TO TERMINATE RECEIVERSHIP (Doc. 76 ). Signed by Judge Timothy S. Black on 2/3/2014. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
DAYTON DIVISION
ALTERNA MORTGAGE INCOME
FUND, LLC
Plaintiff,
vs.
GS HOLDINGS-BROOKSIDE, LTD.,
et al

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CASE NO. 3:12-cv-252
Judge Timothy S. Black

Defendants.
ORDER GRANTING MOTION TO
TERMINATE RECEIVERSHIP (Doc. 76)
This case is before the Court on the Receiver April Rose’s Motion to Terminate
Receivership. (Doc. 76). The Court, having considered the Motion and Memorandum in
Support, and finding service of the Motion was provided to all parties of record, hereby
finds such Motion to be well-taken and, therefore, GRANTED.
IT IS HEREBY ORDERED AS FOLLOWS:
(1)

The receivership is terminated effective as of December 31, 2013;

(2)

April Rose, the duly qualified, appointed and acting Receiver for the

subject Properties in this action, is hereby discharged and relieved of all duties, liabilities
and responsibilities pertaining to the receivership. As previously ordered by the Court in
the Order Granting Plaintiff’s Motion to Appoint Receiver (Doc. 33) (hereinafter “the
Receivership Order”), the Receiver shall not be liable for the actions taken or decisions
made in performing her duties required by the Receivership Order which were based

upon the exercise of reasonably prudent business judgment. Similarly, anyone who was
engaged by the Receiver shall also not be liable for actions taken or decisions made by
them in performing the duties required by the Receiver in the Receivership Order so long
as such actions and decisions were based upon the exercise of reasonably prudent
business judgment.
(3)

The Receiver and the Receiver’s employees, agents, and professionals are

completely are fully and finally discharged from their duties pursuant to the Receivership
Order and any other orders entered by this Court in that regard.
IT IS SO ORDERED.

Date: February 3, 2014

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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