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

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Securities and Exchange Commission, Plaintiff, vs. U.S. Reservation Bank & Trust; Higher Investments Technologies, Inc.; GlobalLink Capital Markets, Ltd.; Edward J. Driving Hawk, Sr.; Leo R. Driving Hawk, Sr.; John M. Adams; Edmund J. Smedley; Kenneth S. Harrison; William J. Herisko; and Thomas T. Emerton, III; Defendants, and Oyate Development, Inc.; Oyate Enterprises, LLP; Oyate Trust; River Walk Development, LLC; HPHC, Inc.; Ringthunder Racing Stables, Inc.; James R. Driving Hawk; and Orpha Jane Johnston; Defendants Solely for Purposes of Equitable Relief. The Receiver's Petition No. 86, Receiver's Status Report on Claims and Petition for Order Adjudicating Certain Claims and Approving Interim Distribution, having been filed with the Court and all parties entitled to notice having been notified by service of the ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Cause No. CIV 02-0581 PHX EHC ORDER ADJUDICATING CERTAIN CLAIMS AND APPROVING INTERIM DISTRIBUTION ON APPROVED CLAIMS RE: PETITION NO. 86

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Petition in accordance with this Court's Order Re: Petition No. 2, and it appearing to the Court that the relief requested is reasonable and appropriate: NOW THEREFORE, IT IS ORDERED approving the claims listed in Exhibit "C" to Petition No. 86 for the amounts recommended by the Receiver as indicated in the column entitled "Final Recommendation of the Receiver." IT IS FURTHER ORDERED that the Court having approved the claim of Linda Martin in the amount of $15,130.00, the remainder of the claim of Linda Martin is denied for the reason that her objections to the Receiver's recommendation were not timely filed and she has failed to present any evidence that the funds are traceable to the Receivership Assets. IT IS FURTHER ORDERED that the Court having approved the claim of Stephen Rouse in the amount of $949,216.02, the remainder of the claim of Stephen Rouse and his second claim for $15,500.00 are denied for the reasons set forth in the Receiver's Ninth Interim Claims Report and the Receiver's Response to Objections to Receiver's Ninth Interim Claims Report. IT IS FURTHER ORDERED that not less than sixty (60) days and not more than ninety (90) from the date this order is entered, the Receiver shall make an interim pro-rata distribution to the approved claimants of $15,000,000.00 from the Receivership Assets in the amounts set forth in Exhibit "C" to Petition No. 86. IT IS FURTHER ORDERED that in accordance with this Court's Order Adjudicating Certain Claims Re: Petition No. 23 dated July 29, 2005 (Dock # 518), the claims filed by the following claimants are denied in their entirety: 1. 2. 3. 4. 5. AmLaw Trust, by its Trustee Neil Alan Scott; Banayos, Jocelyne; Baran, Lisa IRA #97-2868004; Chen, Rosie; Fleetwood, Donald & Madelyn;

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6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Fleetwood, Michael & Cheryl; Golovchinsky,Vladimir; Hoffman, Eleanore; McElroy, Susie; Millman, Jeffrey; Morgen, Nancy; Revell, Jeremy; Schueler, Dennis R.; Schueler, Dennis Roy IRA #97-2096002. Schueler, Mary E. IRA #97-2805006; Symank, Cheryl E. IRA #97-2867006; and Vest, Dorothy; and Yoshioka, Jim.

IT IS FURTHER ORDERED that, the following claimants having failed to file an objection to the Receiver's recommendation that their claim be denied and the Receiver's recommendations appearing well founded, the claims of the following claimants are denied in their entirety: 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Adler, Alexandria; Adler, Jill; Adler, Tonye; Bertschinger, Heinrich; and Buehner, Fred; Cook, Joshua; Crane, Phillip; Cross, Jack; Fusco, Mario F.; Gillis, Ivan; Gregersen, Joseph;

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30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.

Henderson, Beryl A.; Hitchens, Peter, et al; Johnston, John; Lambath, Larry. Morizono, Steven; Policastro, Antonio; Richard, Josh; Rosario, Fabrio; Smith, Jack; Smith, Phillip; Storms, Donald Lee; Storms, Lee and Tammy; Thalcharchandradeo, Lionel; Treacy, Jill; Whiteford, James; Yager, Jeffrey; Zimmerman, Colin;

IT IS FURTHER ORDERED that the claim filed by Robert Borzage is denied in its entirety for the reason that even if he proved ownership of the cash deposit, by his own admission his interest has been acquired by others. IT IS FURTHER ORDERED that the claim filed by Stephen Borzage is denied in its entirety for the reason that he has failed to prove ownership of any funds traceable to the Receivership Assets. IT IS FURTHER ORDERED that the claim filed by Taunia Dechenne is denied in its entirety for the reason that she has failed to prove ownership of any funds traceable to the Receivership Assets.

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IT IS FURTHER ORDERED that Pursuant to Rule 54(b), Fed.R.Civ.P., the Court makes the express determination that there is no just reason for delay and makes the express determination directing entry of this Order at this time as a final judgment.

0776-001(55268)

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