U.S. Securities and Exchange Commission v. Healy et al

Filing 150

ORDER deeming motion to approve final distribution of claimants 148 unopposed, GRANTING motion 148 , approving final distributions, authorizing receiver to engage in specific tasks (see Paras 2a-g for specifics), & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 03/02/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
U.S. SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff

:
CIVIL ACTION NO. 1:09-CV-1330
:
:
(Judge Conner)
:
v.
:
:
SEAN NATHAN HEALY,
:
Defendant
:
:
and
:
:
SHALESE RANIA HEALY and
:
SAND DOLLAR INVESTING
:
PARTNERS, LLC,
:
Relief Defendants
:
--------------------------------------------------------------------------U.S. COMMODITY FUTURES
:
CIVIL ACTION NO. 1:09-CV-1331
TRADING COMMISSION,
:
Plaintiff
:
(Judge Conner)
:
v.
:
:
SEAN NATHAN HEALY,
:
Defendant
:
:
and
:
:
SHALESE RANIA HEALY and
:
SAND DOLLAR INVESTING
:
PARTNERS, LLC,
:
Relief Defendants
:
ORDER
AND NOW, this 2nd day of March, 2012, upon consideration of the motions to
approve final distribution to claimants with allowed claims, motion for an order
authorizing payment of outstanding and remaining fees and expenses, and motion

to discharge the Receiver (SEC v. Healy, Civ. A. No. 1:09-CV-1330 (M.D. Pa. filed
July 12, 2009) [hereinafter Case No. 1330], Doc. 148; U.S. Commodity Futures
Trading Comm’n v. Healy, Civ. A. No. 1:09-CV- 1331 (M.D. Pa. filed July 12, 2009)
[hereinafter Case No. 1331], Doc. 151), filed by the court-appointed Receiver,
Melanie E. Damian, Esq. (the “Receiver”); and the defendant and/or relief
defendants having been ordered to file, on or before February 21, 2012, briefs in
opposition to the motions (Case No. 1330, Doc. 149; Case No. 1331, Doc. 152), lest the
motions be deemed unopposed per Local Rule 7.6; and it appearing that, to date, no
brief in opposition to either motion (Case No. 1330, Doc. 148; Case No. 1331, Doc.
151) has been filed, it is hereby ORDERED that:
1.

The motions (Case No. 1330, Doc. 148; Case No. 1331, Doc. 151) are
DEEMED unopposed. See L.R. 7.6.

2.

The motions (Case No. 1330, Doc. 148; Case No. 1331, Doc. 151) are
GRANTED. The court hereby approves the final distributions,
payment of fees and costs, and other further requested relief as
follows:
a.

Final distributions of $288,000 to the Madeira Group and $32,000
to Thomas Wright, Sr., are authorized;

b.

The Receiver is authorized to pay the previously approved fees
incurred by her and her counsel through October 31, 2011, such
fees being $126,124.90 to Damian & Valori, LLP, and $3,677.75 to
Semanoff Ormsby Greenberg & Torchia, LLC (“Semanoff
Ormsby”);

2

c.

The Receiver is authorized to pay the fees that she, her counsel,
and her accountant incurred from November 1, 2011, through
February 2, 2012, being the date the motions were filed, such
fees being $17,738.57 to Damian & Valori, LLP, $253.12 to
Semanoff Ormsby, and $2,390.00 to Yeend, Castaneda & Flynn,
LLP;

d.

The Receiver is authorized, without further Order of this Court,
to:
(i)

pay the remaining fees and costs, up to $2,500, that she
and her counsel incurred from the date of the motions to
the conclusion of the Receivership;

(ii)

make a pro rata distribution of any remaining funds, 90%
to go to the Madeira Group and 10% to go to Thomas
Wright, Sr.; and

(iii)

assign all rights under the Settlement and Release
Agreement with the Masaros to Damian & Valori, LLP, so
that Damian & Valori, LLP may collect the settlement
proceeds and apply it to its remaining fees and expenses,
and distribute any excess funds to the allowed claimants;

e.

The Receiver is discharged, and the court commends the
Receiver for her thorough, diligent, and professional efforts;

f.

All of the acts and transactions that the Receiver and her
counsel made during the Receiver’s administration are ratified,
confirmed, and approved as being correct, proper, and in the
best interest of both the Receivership Estate and the parties to
this action; and

g.

The following individuals and entities are hereby held harmless
from and relieved of any and all liabilities associated with the
Receivership activities: the Receiver; her counsel, being the
firms Damian & Valori, LLP and Semanoff Ormsby, as well as
the individual attorneys associated therewith.

3

3.

The Clerk of Court is directed to CLOSE the case.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge