UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES SECURITIES AND

EXCHANGE COMMISSION,

Case No. 09-12950

Plaintiff, Honorable David M. Lawson

v.

JOHN J. BRAVATA, RICHARD J. 

TRABULSY, ANTONIO M. BRAVATA,

BBC EQUITIES, LLC, BRAVATA 

FINANCIAL GROUP, LLC, and SHARI A. 

BRAVATA,

Defendants.

___________________________________________/

ORDER GRANTING THE RECEIVER’S MOTION TO ABANDON HUNTINGTON

P&R AND ROCKLAND PROPERTY AND AMENDING THE TEMPORARY

RESTRAINING ORDER, THE PRELIMINARY INJUNCTION ORDER AND THE

ORDER APPOINTING RECEIVER TO EXCLUDE THE P&R AND ROCKLAND

PROPERTIES MORTGAGED TO THE HUNTINGTON NATIONAL BANK

On December 4, 2009, the Receiver filed a motion to abandon certain real properties

mortgaged t Huntington National Bank (Huntington). Among these properties were thirteen of the

properties collectively known as “P&R and Rockland Properties,” which are identified on Exhibit

D to the Receiver’s First Interim Status Report and Accounting for BBC Equities, LLC and Bravata

Financial Group, LLC (“Receiver’s Report”) as follows:

Current Fee Owner of

Record

Identifying Address

6616 ProvidenceWhitehouse, LLC6616 Providence St.,

Whitehouse, OH

345 Anthony WayneWaterville LLC345 Anthony Wayne

Trail, Waterville, OH

1465 Towers-Oregon,

LLC

1469 Towers Rd.,

Oregon, OH

4117 Alexis-Toledo

LLC

4117 Alexis Rd.,

Toledo, OH

Case 2:09-cv-12950-DML-VMM Document 208 Filed 01/13/2010 Page 1 of 6
-2-

1760 Alexis-Toledo

LLC

1758 W. Alexis Rd.,

Toledo, OH

4842 Lewis-Toledo,

LLC

4824 Lewis Rd.,

Toledo, OH

620 Reynolds-Toledo,

LLC

616 N. Reynolds Rd.,

Toledo, OH

28310 OregonPerrysburg, LLC28310 Oregon Rd.,

Perrysburg, OH

1493 Custer-Dundee,

LLC

14293 S. Custer Rd.,

Dundee, MI

3618 Rockland Circle,

LLC

3618 Rockland Circle,

Millbury, OH

Rockland-Lemoyne,

LLC

27800 Lemoyne Rd.,

Millbury, OH

3630 Rockland Circle,

LLC

3630 Rockland Circle,

Millbury, OH

Rockland Maple City,

Ltd.

W. Beecher & Bradish

Sts., Adrian, MI

Pursuant to the parties’ stipulation,

It is ORDERED that with regard to P&R and Rockland Properties, the Receiver’s motion

to abandon Huntington real property [dkt. # 168] is GRANTED.

It is further ORDERED as follows:

1. The Preliminary Injunction is hereby MODIFIED to provide that the P&R and

Rockland Properties are EXCLUDED from the Preliminary Injunction, and the

Receivership Order is modified to release the P&R and Rockland Properties to

permit Huntington to exercise its rights as mortgagee, which includes judicial and

non-judicial foreclosure proceedings;

2. The Preliminary Injunction is hereby MODIFIED to provide that the rents and other

proceeds from the P&R and Rockland Properties are EXCLUDED from the

Preliminary Injunction, and the Receivership Order is modified to direct the Receiver

Case 2:09-cv-12950-DML-VMM Document 208 Filed 01/13/2010 Page 2 of 6
-3-

to turn over to Huntington any P&R and Rockland Properties, including rents and

other proceeds, which come into his possession in the future.

3. Huntington shall provide an accounting to the Receiver for all amounts realized on

the P&R and Rockland Properties, including rents and other proceeds, and all

expenses related to the P&R and Rockland Properties, and shall hold the excess (if

any) of all amounts realized on the P&R and Rockland Properties net of expenses

above the debt secured by the P&R and Rockland Properties pending further order

of this Court. 

4. The Receiver shall provide to Huntington an accounting for all P&R and Rockland

Properties, including rents and other proceeds and amounts received for the P&R and

Rockland Properties, that is presently in his possession or control or that comes to

his possession or control later.

5. Huntington shall pay the Receiver the amounts of $13,245.00 and $10,000.00 to

reimburse them for administrative expenses incurred during the investigation,

review, and analysis related to Huntington’s mortgages and its motion. This Order

shall not become effective unless and until such sums are paid. 

6. Huntington shall not make claims against the Receiver or the Receivership estate for

matters related to the P&R and Rockland Properties, except for (1) claims related to

the accountings and other matters required by this Order and (2) claims and defenses

asserted in response to claims (if any) now or hereafter asserted in proceedings by

the Receiver or the Receivership Estate against Huntington relating to the P&R and

Case 2:09-cv-12950-DML-VMM Document 208 Filed 01/13/2010 Page 3 of 6
-4-

Rockland Properties, in which event Huntington may assert all claims and defenses

that it would have but for this Order. 

7. Nothing contained in this Order shall affect the rights of Huntington or the Receiver

and the Receivership Estate as to any properties other than the P&R and Rockland

Properties nor shall this Order affect the terms and conditions of the Temporary

Restraining Order, Preliminary Injunction or Receivership Order in any other

respect, including any provision precluding Huntington from proceeding against

John J. Bravata, Richard J. Trabulsy, Shari A. Bravata, or Antonio M. Bravata

individually. 

8. This Court retains jurisdiction over the parties to, and subject matter of, this Order

for all purposes, including disputes and unforeseen issues, and that Huntington has

consented to such jurisdiction by its approval of this Order.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: January 13, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on January 13, 2010.

s/Teresa Scott-Feijoo 

TERESA SCOTT-FEIJOO

Case 2:09-cv-12950-DML-VMM Document 208 Filed 01/13/2010 Page 4 of 6
-5-

Approved:

/s/Earle I. Erman

Earle I. Erman, Receiver

Erman, Teicher

400 Galleria Officentre, Suite 444

Southfield, MI 48034

248-827-4100

eerman@ermanteicher.com

/s/ Benjamin J. Hanauer

Jonathan S. Polish

James G. Lundy

Benjamin J. Hanauer

175 W. Jackson Blvd., Ste. 900

Chicago, IL 60604

312.353.6884 (Polish)

312.353.0878 (Lundy

313.353.8642 (Hanauer)

polish@sec.gov

lundyj@sec.gov

hanauerb@sec.gov

Attorneys for the Commission

/s/Thomas P. Dillon

Thomas P. Dillon (P55191)

John N. MacKay 

Shumaker, Loop & Kendrick, LLP

1000 Jackson Street

Toledo, OH 43604

419.241.9000

tdillon@slk-law.com

jmackay@slk-law.com

Attorneys for The Huntington National Bank

Michael J. Riordan

Assistant United States Attorney

211 W. Fort St., Ste. 2001

Detroit, MI 48226

313.226.9602

michael.riordan@usdoj.gov

Local Counsel for the Commission

George B. Donnini

Joseph E. Richotte

Butzel Long, PC

150 W. Jefferson Ave., Ste. 100

Detroit, MI 48226

313.225.7000

klimkojg@butzel.com

donnini@butzel.com

richotte@butzel.com

Attorneys for BBC Equities, LLC &

 Bravata Financial Group, LLC

Case 2:09-cv-12950-DML-VMM Document 208 Filed 01/13/2010 Page 5 of 6
-6-

Gregory Bartko

Law Office of Gregory Bartko, LLC

3475 Lenox Rd., Ste. 400

Atlanta, GA 30326

404.238.0550

gbartko@securitieslawcounsel.com

Attorney for the Bravatas

Gary M. Saretsky

Jonathan M. Sterling

Miles D. Hart

Saretsky, Hart

995 S. Eton

Birmingham, MI 48009

248-502-3300

gsaretsky@saretsky.com

jsterling@saretsky.com

mhart@saretsky.com

Attorneys for Richard J. Trabulsy

Patricia B. Fugee

Roetzel & Andress

One SeaGate, Suite 1700

Toledo, OH 43604

419.242.7985

pfugee@ralaw.com

Attorney for West Wind of Barefoot Beach,

LLC

Christopher D. Kaye

Miller Law Firm

950 W. University Drive, Suite 300

Rochester, MI 48307

248-841-2200

cdk@millerlawpc.com

Attorney for J. Lincoln Crocker

Richardo I. Kilpatrick

Kilpatrick Associates

903 N. Opdyke Road, Suite C

Auburn Hills, MI 48326

248-377-0700

rkilpatrick@kaalaw.com

Attorney for Oakland County Treasurer

Case 2:09-cv-12950-DML-VMM Document 208 Filed 01/13/2010 Page 6 of 6