Filed: Jul. 08, 2019
Latest Update: Jul. 08, 2019
Summary: MEMORANDUM DECISION AND ORDER OVERRULING OBJECTIONS REGARDING INCLUSION OF AFFILIATES AND SUBSIDIARIES DAVID NUFFER , District Judge . The Memorandum Decision and Order on Receiver's Motion to Include Affiliates and Subsidiaries in Receivership ("Affiliates Order") states that "[a]ny person who may have an objection to" the Affiliates Order, "whether in whole or in part, must file such objection in this case within 21 days of receiving actual notice of" the Affiliates Order "or else such ob
Summary: MEMORANDUM DECISION AND ORDER OVERRULING OBJECTIONS REGARDING INCLUSION OF AFFILIATES AND SUBSIDIARIES DAVID NUFFER , District Judge . The Memorandum Decision and Order on Receiver's Motion to Include Affiliates and Subsidiaries in Receivership ("Affiliates Order") states that "[a]ny person who may have an objection to" the Affiliates Order, "whether in whole or in part, must file such objection in this case within 21 days of receiving actual notice of" the Affiliates Order "or else such obj..
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MEMORANDUM DECISION AND ORDER OVERRULING OBJECTIONS REGARDING INCLUSION OF AFFILIATES AND SUBSIDIARIES
DAVID NUFFER, District Judge.
The Memorandum Decision and Order on Receiver's Motion to Include Affiliates and Subsidiaries in Receivership ("Affiliates Order") states that "[a]ny person who may have an objection to" the Affiliates Order, "whether in whole or in part, must file such objection in this case within 21 days of receiving actual notice of" the Affiliates Order "or else such objection shall be considered waived."1 Since then, XSun Energy LLC has filed a timely objection to the Affiliates Order;2 Solco I LLC has filed a timely objection to the Affiliates Order;3 and Solstice Enterprises Inc., Black Night Enterprises Inc., Starlite Holdings Inc., and N.P. Johnson Family Limited Partnership have filed a timely objection to the Affiliates Order.4 All three objections (collectively, the "Objections") are essentially identical and argue the same thing: that the Affiliates Order violates the objectors' procedural due process rights.
XSun Energy LLC, Solco I LLC, and Solstice LLC previously made this same argument (nearly verbatim), and it was rejected.5 For the same reasons as before, it is rejected again today.
It has already been established that each of the objectors "received timely and sufficient notice of the" Receiver's Motion to Include Affiliates and Subsidiaries in the Receivership Estate6 and was "afforded an adequate opportunity to be heard with respect to it."7 The Objections do not raise a genuine dispute regarding this issue or as to any other material fact stated in the Affiliates Order. As a result, the objectors were afforded due process prior to issuance of the Affiliates Order, and, by allowing them to raise further objections after that order was entered, they were afforded additional due process.
ORDER
THEREFORE, IT IS HEREBY ORDERED that the Objections8 are OVERRULED.