Securities and Exchange Commission v. Aequitas Management, LLC et al

Filing 866

ORDER: Adopting the Magistrate's Findings and Recommendation 862 . Accordingly, the Receiver's Motion for Order (1) Approving Compromises of Claims, (2) Approving and Authorizing Performance of Settlement Agreements, (3) Entering Claims Bars, and (4) Removing A Receivership Entity and An Extended Entity 852 is Granted. Signed on 12/11/20 by Judge Marco A. Hernandez. (Mailed to Pro Se parties on 12/11/20.) (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

SECURITIES AND EXCHANGE
COMMISSION,

No. 3:16-cv-00438-JR
ORDER

Plaintiff,
v.
AEQUITAS MANAGEMENT, LLC;
AEQUITAS HOLDINGS, LLC;
AEQUITAS COMMERCIAL FINANCE,
LLC; AEQUITAS CAPITAL
MANAGEMENT, INC.; AEQUITAS
INVESTMENT MANAGEMENT, LLC;
ROBERT J. JESENIK; BRIAN A. OLIVER;
and N. SCOTT GILLIS,
Defendants.
HERNÁNDEZ, District Judge:
Magistrate Judge Jolie Russo issued a Findings and Recommendation [862] on
November 10, 2020, in which she recommends that the Court grant the Receiver’s Motion for
Order (1) Approving Compromises of Claims, (2) Approving and Authorizing Performance of

1 - ORDER

Settlement Agreements, (3) Entering Claims Bars, and (4) Removing A Receivership Entity and
An Extended Entity. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B)
and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [862].
Accordingly, the Receiver’s Motion for Order (1) Approving Compromises of Claims, (2)
Approving and Authorizing Performance of Settlement Agreements, (3) Entering Claims Bars,
and (4) Removing A Receivership Entity and An Extended Entity [852] is GRANTED.
IT IS SO ORDERED.

DATED: __________________________.
December 11, 2020

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER