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Securities and Exchange Commission v. Fujinaga

United States District Court, D. Nevada

May 4, 2017

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,
v.
EDWIN YOSHIHIRO FUJINAGA; and MRI INTERNATIONAL, INC., Defendants, and CSA SERVICE CENTER, LLC; THE FACTORING COMPANY; JUNE FUJINAGA; and THE YUNJU TRUST, Relief Defendants.

          LYNCH LAW PRACTICE, PLLC Michael F. Lynch Attorney for the Receiver Robb Evans & Associates LLC

          JORDEN& WHITE LLP LAW OFFICE OF HAYES & WELSH Attorneys for Defendants Edwin Yoshihiro Fujinaga; MRI International, Inc.; CSA Service Center LLC and The Factoring Co.

          STIPULATION AND ORDER AUTHORIZING THE SALE OF PERSONAL PROPERTY AT AUCTION

          JAMES C. MAHAN UNITED STATES DISTRICT COURT JUDGE.

         This Stipulation and Order Authorizing the Sale of Personal Property at Auction (the “Stipulation and Order”) is made by and between Robb Evans & Associates LLC as the Receiver (the “Receiver”) on the one hand, and defendants Edwin Fujinaga (“Fujinaga”), MRI International, Inc. (“MRI”), and their affiliated entities, including The Factoring Company (collectively, the “Defendants”, and together with the Receiver, the “Parties”) on the other hand, each by and through their counsel.

         RECITALS

         A. WHEREAS, on January 27, 2015, the Clerk of Court entered judgment against the Defendants (ECF No. 189) (“Judgment”) pursuant to the Court's order granting summary judgment in favor of plaintiff Securities and Exchange Commission (the “SEC”).

         B. WHEREAS, on February 23, 2015, the Court issued its Order Appointing an Equitable Receiver (ECF No. 194) (“Appointment Order”) pursuant to which the Receiver was appointed as receiver for various commercial properties and their rents and profits (defined in the appointment order as the “Properties”) as more fully set forth in the appointment order.

         C. WHEREAS, on February 25, 2015, the Court issued its Rule 54(b) Certification (ECF No. 195) pursuant to which the judgment was made the final judgment as to the Defendants.

         D. WHEREAS, the Receiver's duties and responsibilities were enlarged by that certain Order Appointing a Full Equitable Receiver to Assume Control over the Defendants' Assets and Enforce the Final Judgment entered on May 15, 2015 (the “Order Appointing Receiver”) (ECF No. 226). The Order Appointing Receiver supersedes the previous order, and directs the Receiver to take and retain immediate possession, custody, and control of all assets owned or controlled, directly or indirectly, by any of the Defendants in this case, including but not limited to assets of The Factoring Company, a Relief Defendant herein. Id.

         E. WHEREAS, The Factoring Company, relief defendant herein, is also known as The Factoring Company X III, Inc., the title holder of record to the personal property described as follows.

         F. WHEREAS, (a) Relief Defendant The Factoring Company and (b) The Factoring Company X III, Inc., a Nevada corporation; are one and the same.

         G. WHEREAS, this Stipulation and Order relates to the Receiver's proposed sale of personal property at auction, which property is a Bugatti EB110, title to which is held in the name of The Factoring Company X III, Inc. The Bugatti EB110 is currently in the possession, custody, or control of the Receiver, and described[1] as follows:

Year

Make

Model

Vehicle Identification Number

Color

1993

Bugatti

EB110

ZA9AB01E0PCD39034

Blue


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