Opinion
8:20-cv-00325-MSS-NHA
06-25-2024
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. BRIAN DAVISON; BARRY M. RYBICKI; EQUIALT LLC; EQUIALT FUND, LLC; EQUIALT FUND II, LLC; EQUIALT FUND III, LLC; EA SIP, LLC; Defendants, and 128 E. DAVIS BLVD, LLC, et al., Relief Defendants.
ORDER
MARY S. SCRIVEN, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court for consideration of the Receiver's Unopposed Motion to Approve Transfer of Title to the Property Located at 5333 Pasadena Drive New Port Richey, Florida 34652 (the “Property”). (Dkt. 1159) At the request of the Securities and Exchange Commission (“SEC”), the Court appointed the Receiver on February 14, 2020 and directed him, in relevant part, to “[t]ake immediate possession of all property, assets and estates of every kind of the Corporate Defendants and Relief Defendants,” which includes “all real property of the Corporate Defendants and Relief Defendants, wherever situated, and to administer such assets as is required in order to comply with the directions contained in this Order.” (Dkt. 11)
The Court previously approved the sale of the Property as part of an auction conducted by the Receiver. (Dkt. 732) The Property was sold at auction to J B Real Invest LLC, and the Receiver requests that the Court approve the transfer of title of the Property to J B Real Invest LLC. (Dkt. 1159) The SEC consents to the relief sought in the Motion and has waived any right to appeal this Order. (Id.) The Receiver provided the Sale Procedures Agreement for the Court's review. (Dkt. 1159-1)
Accordingly, it is hereby ORDERED AND ADJUDGED that:
1. The Receiver's Motion, (Dkt. 1159), is GRANTED.
2. Transfer of title to the Property located at 5333 Pasadena Drive New Port Richey, Florida 34652, better known as Pasco County Property Appraiser's Parcel Id. Number (PIN): 17-26-0590-00000-0030 to J B Real Invest LLC is APPROVED. The Property's legal description is as follows:
FLORAL PARK R/P PHASE 1 PB 10 PG 29 LOTS 3 & 4 OR 9549 PG 3810
3. Said transfer shall be free of any and all liens and encumbrances.
DONE and ORDERED.