Wells Fargo Bank et al v. Shree Balaji Hospitality LP et al

Filing 56

ORDER DISCHARGING Receiver; APPROVING Receiver's Final Accounting; and EXONERATING Receiver's Surety signed by Chief Judge Anthony W. Ishii on 6/23/2011. (Sant Agata, S)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 WELLS FARGO BANK, NATIONAL ASSOCIATION, successor in interest by consolidation to Placer Sierra Bank, ) ) ) ) Plaintiff, ) ) v. ) ) SHREE BALAJI HOSPITALITY, LP, ) etc., et al., ) ) Defendants. ) ____________________________________) NO. 1:10-CV-01150 AWI DLB ORDER DISCHARGING RECEIVER; APPROVING RECEIVER’S FINAL ACCOUNTING; AND EXONERATING RECEIVER’S SURETY 17 18 This matter is before the Court on the motion of Plaintiff, WELLS FARGO BANK, 19 NATIONAL ASSOCIATION, for approval of Receiver Byron D. Chapman’s Final Accounting 20 Report, discharging him as Receiver, and exoneration of his surety. The Court finds that good 21 cause supports the relief requested. 22 IT IS HEREBY ORDERED THAT: 23 1. Plaintiff’s motion is GRANTED; 24 2. The Receiver’s Final Accounting Report is APPROVED; 25 3. Interim payments of the Receiver’s fees and costs aggregating $35,000 are 26 approved, and the Receiver is authorized to pay himself the sum of $5,000 for 27 services rendered by the Receiver to the receivership estate in the months of 28 March/April 2011; 1 4. 2 3 or responsibilities, and the Receiver’s bond is exonerated; 5. 4 5 The receivership is terminated, the Receiver is discharged from any further duties Plaintiff’s bond in the amount of $25,000 (in support of the temporary restraining order and preliminary injunction) is exonerated; and 6. The Receiver shall turn over all receivership funds in his possession, including, 6 but not limited to, any cash surplus, to the successful purchaser at the non-judicial 7 foreclosure sale, Plaintiff, WELLS FARGO BANK. 8 IT IS SO ORDERED. 9 10 Dated: 0m8i78 June 23, 2011 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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