Motion | Filed: June 23, 2026
| Entered: June 23, 2026
Consumer Financial Protection Bureau et al v. Stratfs, LLC (f/k/a Strategic Financial Solutions, LLC), et al
Other Statutory Actions | New York Western
Amend/Correct
Cross MOTION to Amend/Correct 877 MOTION to Add New Receivership Defendants by Albert Ian Behar, Ryan Sasson. (Attachments: # 1 Declaration Photiadis in Opposition and Support, # 2 Exhibit 1 - 2026-6-18 Correspondence, # 3 Exhibit 2 - 2026-6-22 Correspondence, # 4 Exhibit 3 - Tripoli Loan Document, # 5 Exhibit 4 - Prior Approval Correspondence, # 6 Exhibit 5 - 2026-5-8 Correspondence, # 7 Exhibit 6 - Birds Investment P&L, # 8 Exhibit 7 - Berkadia Default Notice, # 9 Exhibit 8 - Berkadia Loan Document, # 10 Exhibit 9 - Fountains Lender Default Fees, # 11 Exhibit 10 - Storage Senior Loan Agreement, # 12 Exhibit 11 - Storage Senior Loan Breakdown, # 13 Exhibit 12 - Hillcrest Mezzanine Loan, # 14 Exhibit 13 - Storage Convertible Promissory Note, # 15 Exhibit 14 - CubeSmart Facility Mangement Agr, # 16 Declaration Kasman in Opposition and Support, # 17 Memorandum in Support)(Photiadis, Gregory)
Order | Filed: June 23, 2026
| Entered: June 23, 2026
Consumer Financial Protection Bureau et al v. Stratfs, LLC (f/k/a Strategic Financial Solutions, LLC), et al
Other Statutory Actions | New York Western
Text Order
TEXT ORDER denying 890 request that the Court rescind Text Orders entered at Docket 878 and 884. Defendant Cameron Christo ("Christo") has filed a request, asking that the Court rescind its Text Orders entered on June 16, 2026 (Dkt. 878) and June 21, 2026 (Dkt. 884), because they were "erroneously issued." (Dkt. 890 at 3). Defendant Michelle Gallagher ("Gallagher") joins in this request. (Id.). The Text Orders include a directive by the undersigned that Jason Blust, Christo, and Gallagher appear in-person at a hearing scheduled for June 29, 2026. Defendants Christo and Gallagher argue that they reside in Miami, Florida, and in Illinois, respectively, and (1) they cannot be subpoenaed to attend the hearing, given the geographic and other limits imposed by Federal Rule of Civil Procedure 45, and (2) the Court's inherent authority does not include the authority to issue orders that contravene a specific limitation imposed by federal statute or rule. (Id.). Christo requests in the alternative that he and Gallagher be permitted to testify remotely. (Id. at 11). The request is denied for multiple reasons.
First, the Court's Text Order issued on June 16, 2026, clearly provided a June 18, 2026 deadline by which any party was to make any request for relief regarding the June 29 hearing. (See Dkt. 878 ("If any party has a request for relief regarding the upcoming hearing, including any request to not proceed with the hearing and instead rely on the record of the proceedings before Judge Roemer, whether mutually agreed-upon or not, they must make a formal request in writing on or before Thursday, June 18, 2026.")). June 18 came and went without any filing by Christo or Gallagher objecting to the undersigned's order that they be present at the hearing. Instead, Christo and Gallagher did not make their request regarding their personal appearance until June 23, 2026—five days after the deadline set by the Court. Court deadlines are not suggestions, and the Court denies Christo's and Gallagher's request on this basis alone.
Second, the Court did not subpoena Christo and Gallagher to appear at the June 29 evidentiary hearing, and therefore Christo and Gallagher's presence in court is not a Rule 45 issue. The Court's jurisdiction is not in dispute, and the undersigned "has discretion to order in-person hearings when appropriate." Ward v. Wesley Med. Ctr., LLC, No. 23-1091-HLT-BGS, 2024 WL 989880, at *3 (D. Kan. Mar. 7, 2024); Backertop Licensing LLC v. Canary Connect, Inc., 107 F.4th 1335, 1342 (Fed. Cir. 2024) (district court's order requiring witness to appear at an in-person hearing was "squarely within its inherent powers" and "did not conflict with FRCP 45, because that Rule does not limit the geographical range of a courts ability to sua sponte issue an order to appear"); see also Koji IP, LLC v. Renesas Electronics Am., Inc., No. 24-cv-03089-PHK, 2026 WL 793025, at *15 (N.D. Cal. Mar. 20, 2026). While the undersigned may have been inclined to allow a remote appearance if a request was timely made, this request was not, and therefore Christo and Gallagher must appear in person at the hearing on June 29, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/23/2026. (CAL)