IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
October 21, 2009
U.S. SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF
SEAN NATHAN HEALY, DEFENDANT AND SHALESE RANIA HEALY AND SAND DOLLAR INVESTING PARTNERS, LLC, RELIEF DEFENDANTS
U.S. COMMODITY AND FUTURES TRADING COMMISSION, PLAINTIFF
SEAN NATHAN HEALY, DEFENDANT AND
SHALESE RANIA HEALY AND SAND DOLLAR INVESTING PARTNERS, LLC, RELIEF DEFENDANTS
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 21st day of October, 2009, upon consideration of the motion for an order providing the receiver with sole possession of the Riviera Manor Property (U.S. Securities and Exchange Commission v. Healy, Civ. A. No. 1:09-CV- 1330 (M.D. Pa. filed July 12, 2009) [hereinafter Case No. 1330], Doc. 39; U.S. Commodity and Futures Trading Commission v. Healy, Civ. A. No. 1:09-CV-1331 (M.D. Pa filed July 12, 2009) [hereinafter Case No. 1331], Doc. 34), filed by the court- appointed receiver, Melanie E. Damian, Esq. (the "receiver"), and upon further consideration of defendant and relief defendants' opposition (Case No. 1330, Doc. 46; Case No. 1331, Doc. 41) to the receiver's motion, and it appearing that the receiver seeks sole possession of the property located at 2672 Riviera Manor, Weston, Florida (the "property" or the "residence"), and of its contents, improvements, upgrades, furniture, and fixtures, pursuant to the court's temporary restraining orders ("TROs") and preliminary injunctions*fn1 (See Case No. 1330, Doc. 12, 21; Case No. 1331, Doc. 14, 19), and that the receiver contends that the Healy family has no right to occupy the residence,*fn2 and that the Healy family's continued occupation of said property may diminish the property's value and will deplete assets of the estate of Sean Healy and of certain assets of relief defendants (the "estate"),*fn3 and that the Healys have failed to "make a good faith effort" to comply with the court's orders,*fn4 and the court concluding that the receiver is entitled to take sole possession of the property,*fn5 see 28 U.S.C. § 959(b) ("[A] trustee, receiver or manager appointed in any cause pending in any court of the United States . . . shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof."), and that neither the defendant nor the relief defendant has persuaded the court that the Healy family has a right to remain in the residence, but that the receiver has failed to identify items inside the residence over which she seeks possession or to establish that all such items are assets or property of the defendant or the relief defendants,*fn6 it is hereby ORDERED that the receiver's motion (Case No. 1330, Doc. 39; Case No. 1331, Doc. 34) is GRANTED in part and DENIED in part as follows:
1. The receiver is authorized to take exclusive possession of the property by November 30, 2009.
2. The Healy family is ordered to vacate the property by November 30, 2009, and turn it and all of its improvements, upgrades, and fixtures over to the receiver without damaging or otherwise diminishing the value thereof.
3. The receiver is ordered to submit to the court, on or before November 4, 2009, a memorandum identifying such furniture in the property or contents of the property that the receiver contends are recoverable assets and establishing her entitlement to take possession of such items. Defendant and relief defendants shall be permitted to file a responsive memorandum on or before November 16, 2009, and the receiver shall be permitted to file a reply to such responsive memorandum on or before November 23, 2009.
4. All provisions of the court's preliminary injunctions (Case No. 1330, Doc. 21; Case No. 1331, Doc. 19) and applicable provisions of the court's TROs (Case No. 1330, Doc. 12; Case No. 1331, Doc. 14) remain in effect, except as modified herein.