Securities and Exchange Commission v. Path America, LLC et al

Filing 607

ORDER granting Receiver Michael A Grassmueck's 604 Motion for Order For Approval Of Settlement Of Claims Re: Zhou Yan. Signed by Judge James L. Robart. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,
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v.
PATH AMERICA, LLC, et al.,

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CASE NO. C15-1350JLR
ORDER GRANTING
UNOPPOSED MOTION FOR AN
ORDER APPROVING THE
SETTLMENT OF CLAIMS RE:
ZHOU YAN

Defendants.

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Before the court is the Receiver Michael A. Grassmueck’s motion for an order
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approving the terms of the Receiver’s settlement of claims regarding Zhou Yan. (Mot.
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(Dkt. # 604).) An opposition to the motion was due by December 26, 2017. See Local
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Rules W.D. Wash. LCR 7(d)(3) (“Any opposition papers shall be filed and served not
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later than the Monday before the noting date.”). No party has filed a response to the
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motion. (See generally Dkt.; see also Notice of Non-Receipt of Opposition (Dkt. # 605).)
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ORDER - 1

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“[I]f a party fails to file papers in opposition to a motion, such failure may be

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considered by the court as an admission that the motion has merit.” Local Rules W.D.

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Wash. LCR 7(b)(2). Further, the court has reviewed the Receiver’s motion and has

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considered (a) the probability of success in the litigation, (b) the difficulties to be

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encountered in the matter of collection, (c) the complexity of the litigation involved and

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the expense, inconvenience, and delay necessarily attending it, and (d) the paramount

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interest of the creditors and a proper deference to their reasonable views. See In re

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Woodson, 839 F.2d 610, 620 (9th Cir. 1988). The court concludes that these factors

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weigh in favor of approving the settlement and that the settlement is in the best interest of

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the Receivership. Accordingly, the court GRANTS the Receiver’s motion (Dkt. # 604).
Dated this 27th day of December, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2