Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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MICHAEL S. REEVES, ESQ. State Bar Number: 010420 1212 East Osborn Phoenix, Arizona 85014 Tel: [602] 604-7577 Fax: [602] 604-7555 Attorney for Ronald Holt UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Commodities Futures Trading Commission, ) ) Plaintiff ) ) Vs. ) ) International Funding Association; ) Cambridge Global Group; Global ) Management Group; and Ronald Stephen ) Holt, ) ) Defendants. ) ) ) No. CV 03-1826 PHX PGR MOTION TO CONTINUE RONALD HOLT ON FURLOUGH AND TO RECONSIDER ORDER HOLDING RONALD HOLT IN CIVIL CONTEMPT Related Cases SEC V. Ronald Stephen Holt et al CV 03-1825 PHX PGR Investors in IFA, et al, v. International Funding Association, et al, CV 03-1302

On July 27, 2004, this Court entered its Order holding Ronald Holt (hereinafter "Mr. Holt") in civil contempt for a variety of reasons. Since that date, Mr. Holt has worked through his attorney towards purging himself of this Court's Order holding him in civil contempt. As best as undersigned counsel can determine, Mr. Holt has indeed satisfied all the requirements to purge himself from this Court's Order holding him in civil contempt with the exception of the issue identified in paragraph fourteen of this Court's Order dated July 27, 2004. Paragraph fourteen of this Court's Order dated July 27, 2004, identifies a Fed.R.Civ.P. 26(a)(1) filing purportedly dated or filed on March 16, 2004, by Mr. Holt. This Court relies on Mr. Holt's statement apparently contained within the March 16, 2004, filing to conclude Mr. Holt currently has knowledge of the existence, location and control of three million dollars of investor funds. Mr. Holt's apparent willful failure to return such funds is the crux of Mr. Holt's continued detention. Although undersigned counsel was not involved in this matter during that time period,

Case 2:03-cv-01826-PGR

Document 114

Filed 01/30/2006

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undersigned counsel can find no record of any such filing. Additionally, Mr. Holt has repeatedly denied making any such statement either orally or in writing. As such, undersigned counsel has reason to suspect that this Court's finding contained in paragraph fourteen of this Court's Order dated July 27, 2004, may be in error. As this Court is aware, Mr. Holt's position has been that he has no means or ability to return or produce the funds in question. Because such court finding is so material to Mr. Holt's continued detention pursuant to the contempt order in question, undersigned counsel requests both a continuation of the current furlough order as well as a hearing to reconsider the civil contempt order. Dated: January 30, 2006 Ronald Holt, by and through undersigned counsel, hereby requests that the Court grant him a furlough for the period January 25, 2006 to January 31, 2006 at 4:00 p.m. for the purpose of attending his aunt's funeral in Blyth, Arizona. Defendant Ron Holt's aunt, Idonna Holt, died after a lingering illness on January 22, 2006 in Blyth, Arizona. It is anticipated that the funeral will be held either Friday, January 27 or Saturday, January 28, 2006. Wherefore, Mr. Holt requests that the Court grant him a brief furlough for the purpose of attending the funeral and burial of his aunt in Blyth, Arizona. It is requested he be released from Wednesday, January 25 to Monday, January 31, 2006. Dated: January 30, 2006. /s/ MICHAEL S. REEVES CERTIFICATE OF SERVICE I hereby certify that on this date, January 30, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of Notice of Electronic Filing to the following CM/ECT registrants: Marshall Gandy Merwin D. Grant Patrick M. Murphy by: /s/ Michael S. Reeves

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I hereby certify that on January 30, 2006, I served the attached document by U.S. mail, fax and/or e-mail on the following, who are not registered participants of the CM/ECF System: Timothy J. Mulreany, Chief Trial Attorney Karon Powell, Trial Attorney Division of Enforcement 1155 21st Street, NW Washington, D.C. 20581 Attorneys for the Commodities Future Trading Commission Warfield & Company, CPAs 14555 North Scottsdale Rd., #340 Scottsdale, Az 85254 Receiver Thomas M. Connelly, Esq. 2425 East Camelback Road, Suite 880 Phoenix, Az 85016-4208 Susanne Ingold, Esq. Burch & Cracchiolo, PA 702 East Osborn Rd., #200 P.O. Box 16882 Phoenix, AZ 85011-6882 by: /s/ Michael S. Reeves

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Case 2:03-cv-01826-PGR

Document 114

Filed 01/30/2006

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