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

Filing 646

ORDER granting the Receiver's 644 Motion for approval of the settlement of claims regarding Mazatlan Everett, Inc. d/b/a Mazatln Restaurant. The Agreement for Payoff of Loan (the Payoff Agreement), a copy of which is attached to the Receiver's declaration in support of this motion (see Grassmueck Decl. (Dkt. # 644 -1) 4, Ex. 1), is hereby APPROVED. Signed by Judge James L. Robart. (PM)

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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
APPROVAL OF SETTLEMENT
CLAIMS AGAINST MAZATLAN
RESTAURANT

Defendants, and
POTALA SHORELINE, LLC, et al.,

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Relief Defendants.

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Before the court is Receiver Michael A. Grassmueck’s (“the Receiver”) 1 motion
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for approval of the settlement of claims regarding Mazatlan Everett, Inc. d/b/a Mazatlan
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Mr. Grassmueck is the court-appointed Receiver for Path America, LLC; Path America
SnoCo, LLC; Path America Farmer’s Market, LP; Path America KingCo, LLC; Path America
Tower, LP; Path Tower Seattle, LP; Potala Tower Seattle, LLC; Potala Shoreline, LLC; Potala
Village Kirkland, LLC; Dargey Development, LLC; Dargey Enterprises, LLC; Path Farmer's
Market, LLC; and Dargey Holdings, LLC (collectively, the “Receivership Entities”).

ORDER - 1

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Restaurant. (Mot. (Dkt. # 644).) The Receiver filed his motion on September 6, 2018,

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and noted it for the court’s consideration on September 21, 2018. (Id. at 1.)

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Accordingly, any response to the motion was due on Monday, September 17, 2018. See

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Local Rules W.D. Wash. LCR 7(d)(3). No party filed a response to the Receiver’s

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motion. (See generally Dkt.) The court has considered the Receiver’s unopposed

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motion, the applicable law, and the relevant portions of the record. Being fully advised,

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and good cause appearing therefore, the court ORDERS as follows:

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(1) The Receiver’s motion (Dkt. # 644) is GRANTED;

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(2) The Agreement for Payoff of Loan (“the Payoff Agreement”), a copy of which

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is attached to the Receiver’s declaration in support of this motion (see

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Grassmueck Decl. (Dkt. # 644-1) ¶ 4, Ex. 1), is hereby APPROVED; and

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(3) The Receiver is further authorized and empowered to take any and all actions

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to effectuate the terms and provisions of the Payoff Agreement.
Dated this 19th day of September, 2018.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2