Stooksbury v. Ross et al

Filing 1218

ORDER that the Court ACCEPTS IN WHOLE the R&R 1189 , and hereby GRANTS the motion for clarification 963 . Signed by Chief District Judge Thomas A Varlan on 2/14/14. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT T. STOOKSBURY, JR.,
Plaintiff,
v.
MICHAEL L. ROSS, et al.,
Defendants.

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No.: 3:09-CV-498-TAV-HBG

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge H. Bruce Guyton on January 27, 2014
[Doc. 1189]. In the R&R, Magistrate Judge Guyton recommends that the Motion for
Clarification [Doc. 963] be granted and that the receivership be concluded. There have
been no timely objections to the R&R, and enough time has passed since the filing of the
R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R.
Civ. P. 72.
After a careful review of the matter, the Court is in agreement with Magistrate
Judge Guyton’s recommendations, which the Court adopts and incorporates into its
ruling. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 1189], and
hereby GRANTS the motion for clarification [Doc. 963]. In addition, the Court hereby
ORDERS that:

1. from entry of this order until entry of the final order concluding the
receivership, the receiver is charged with concluding the receivership in an
orderly manner consistent with the goal of preserving the assets identified
as receivership property;
2. the receiver, through his counsel, shall file a written proposal for the
winding down and conclusion of the receivership within thirty (30) days of
entry of this order, which shall (a) outline a procedure and process for
concluding the receivership within one hundred twenty (120) days of the
Court’s approval of the proposal, (b) address the expenses and fees of the
receivership, including a schedule of the fees and expenses that have been
paid, the fees and expenses that have been approved but not paid, and the
fees and expenses that have not yet been approved or paid, (c) address the
procedure for liquidating assets and satisfying plaintiff’s judgment and
other potential creditors, and (d) address any other matters that he, in his
discretion, deems appropriate;
3. the receiver shall file, contemporaneously with the proposal for the winding
down and conclusion of the receivership, a proposed order adopting and
incorporating his proposal for signature by the undersigned, which the
undersigned will review for reasonableness and appropriateness; and

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4. any objections to the receiver’s proposal or the proposed order shall be
presented to the Court within ten (10) days of the receiver’s filing of the
proposal and proposed order.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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