IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-CV-285

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-CV-285

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-CV-285

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-CV-285

EXHIBIT A SETTLEMENT AGREEMENT

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION Case No. 3:17-CV-292

Case Doc 162 Filed 02/03/18 Entered 02/03/18 22:15:55 Desc Main Document Page 1 of 9

Case Doc 45 Filed 04/19/17 Entered 04/19/17 11:03:02 Desc Main Document Page 1 of 7

Case Doc 4934 Filed 10/26/15 Entered 10/26/15 17:38:51 Desc Main Document Page 1 of 5

Case Doc 89 Filed 07/26/17 Entered 07/26/17 16:29:16 Desc Main Document Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

Case Doc 72 Filed 12/03/18 Entered 12/03/18 16:29:46 Desc Main Document Page 1 of 12

Case Doc 150 Filed 01/09/18 Entered 01/09/18 11:24:48 Desc Main Document Page 1 of 9

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION ) )

DISTRICT COURT DIVISION

In re: ) Case No Debtor. ) MOTION FOR APPOINTMENT OF TRUSTEE, OR ALTERNATIVELY, FOR CONVERSION OF CASE

Case 3:04-cv Document 32 Filed 08/29/2005 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION. Case No. 3:18-CV FDW-DSC

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

FILED: NEW YORK COUNTY CLERK 12/14/ :34 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14/2016

Case 4:11-cv Document 204 Filed in TXSD on 02/27/15 Page 1 of 6

IN THE IOWA DISTRICT COURT FOR CERRO GORDO COUNTY

Case Doc 219 Filed 04/04/18 Entered 04/04/18 17:47:25 Desc Main Document Page 1 of 15

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCTION

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CIVIL ACTION NO. 5:17-CV-25-FL

Plaintiffs, SECOND AFFIDAVIT OF MATTHEW H. MALL. The Affiant, Matthew H. Mall, after being first duly sworn, deposes and says:

GREATER ATLANTIC LEGAL SERVICES, INC.

7 GWINNETTCOUNTY ;ORGIA ANSWER OF DEFENDANTS MATTHEW C. HINES AND THE HINES LAW FIRM, P.C.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS (KANSAS CITY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION

Case Doc 83 Filed 11/21/18 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION

Case 2:16-cv JNP Document 105 Filed 08/17/17 Page 1 of 106

Case hdh Doc 82 Filed 12/22/17 Entered 12/22/17 15:13:35 Page 1 of 11

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 08 CVS 1283 COUNTY OF RUTHERFORD ) ) ) ) ) ) ) ) ) ) ) ) )

Case 4:17-cv ALM Document 86 Filed 08/14/17 Page 1 of 20 PageID #: 1928

Case 3:16-cv PK Document 625 Filed 06/15/18 Page 1 of 5

MOTION FOR TELEPHONE TESTIMONY OF W. SCOTT ROCKEFELLER WITH REQUEST FOR EXPEDITED RULING

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

GREATER ATLANTIC LEGAL SERVICES, INC.

GREATER ATLANTIC LEGAL SERVICES, INC.

Case 4:17-cv ALM Document 32 Filed 06/14/17 Page 1 of 13 PageID #: 616

Case KG Doc 267 Filed 07/13/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

Case 4:11-cv Document 102 Filed in TXSD on 09/11/12 Page 1 of 8

Case 2:13-cv CW Document 2 Filed 06/24/13 Page 1 of 11

Case 9:03-cv KAM Document 2795 Entered on FLSD Docket 01/17/2014 Page 1 of 8

Case Doc 1 Filed 03/24/11 Entered 03/24/11 16:24:26 Desc Main Document Page 1 of 8

MOTION. responsible for Intervenor s lost silver holdings with the now defunct Old Glory Minting

Case 3:18-cv CWR-FKB Document 58 Filed 11/20/18 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

Case KJC Doc 2 Filed 03/12/18 Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF XXXXXXXXXX

Case MFW Doc 71 Filed 11/29/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

U.S. District Court Western District of North Carolina (Charlotte) CIVIL DOCKET FOR CASE #: 3:05-cv-00391

Case 5:17-cv D Document 12 Filed 12/01/17 Page 1 of 5

Case Document 735 Filed in TXSB on 05/28/18 Page 1 of 8

In short, the most equitable and efficient approach is to pool all assets and liabilities

Case Doc 554 Filed 08/07/15 Entered 08/07/15 18:36:50 Desc Main Document Page 1 of 15

FILED: NEW YORK COUNTY CLERK 07/20/ :42 AM INDEX NO /2013 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 07/20/2015. Exhibit A

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. SENIOR CARE CENTERS, LLC, et al. Case No.

Case 2:13-cv DAK Document 2 Filed 06/24/13 Page 1 of 10

FILED: NEW YORK COUNTY CLERK 12/19/ :21 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/19/2016

Case 2:13-cv DBP Document 2 Filed 06/21/13 Page 1 of 10

Case: 5:17-cv DCR Doc #: 1 Filed: 01/06/17 Page: 1 of 5 - Page ID#: 1

Case 2:13-cv DAK Document 2 Filed 06/19/13 Page 1 of 10

Case 1:18-cv Document 1 Filed 04/26/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE. SUPREME COURT OF THE STATE OF MISSISSIPPI NO.2011-CA AND MISSISSIPPI STATE OIL AND GAS BOARD, ET AL

Case 1:12-cv CKK-BMK-JDB Document 36 Filed 04/04/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case CSS Doc 50 Filed 11/20/14 Page 1 of 10 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY

INDEX NO /2010 NYSCEF DOC. NO. 595 RECEIVED NYSCEF: 12/30/2011

Case KJC Doc 730 Filed 06/27/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) Chapter 11

Case 9:14-cv DMM Document 118 Entered on FLSD Docket 09/17/2014 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA. CASE NO.: ll-ca-799

Case AJC Doc 250 Filed 10/17/18 Page 1 of 3. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO: 3:13-CV-678-MOC-DSC

FILED: NEW YORK COUNTY CLERK 08/21/ :59 AM INDEX NO /2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/22/2017

IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : : : : : : : : : : : : : : : COMPLAINT

Case AJC Doc 327 Filed 04/19/19 Page 1 of 22 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CURLING PLAINTIFFS S MOTION FOR PRELIMINARY INJUNCTION

Case AJC Doc 303 Filed 03/19/19 Page 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Case GLT Doc 1551 Filed 05/23/18 Entered 05/23/18 15:07:17 Desc Main Document Page 1 of 5

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

Case Doc 1135 Filed 11/09/15 Entered 11/10/15 11:14:22 Desc Main Document Page 2 of 10

Case CMA Doc 335 Filed 10/31/17 Ent. 10/31/17 10:14:52 Pg. 1 of 4

hcm Doc#150 Filed 07/10/15 Entered 07/10/15 19:14:59 Main Document Pg 1 of 8

Case KLP Doc 558 Filed 10/16/17 Entered 10/16/17 22:03:54 Desc Main Document Page 1 of 6

Case 1:11-cv NLH -AMD Document 61 Filed 01/24/13 Page 1 of 12 PageID #: 211 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Case 3:13-cv JJB-SCR Document 27 09/20/13 Page 1 of 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION COMPLAINT

Case: SDB Doc#:29 Filed:02/28/18 Entered:02/28/18 16:52:49 Page:1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:13-cv-446-MOC-DSC

Filing # E-Filed 09/10/ :11:32 PM

Case 2:16-cv JNP Document 179 Filed 03/05/19 Page 1 of 8

FILED: NEW YORK COUNTY CLERK 08/17/ :58 AM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/17/2016 SUPREME COURT OF THE STATE OF NEW

Case 3:10-cv P-BN Document 76 Filed 07/27/11 Page 1 of 11 PageID 995

12 CVS. Scenic NC, Inc., ) Plaintiff ) ) ) North Carolina Department of MOTION FOR TEMPORARY RESTRAINING ORDER. ) Transportation, ) Defendant )

Case mgd Doc 414 Filed 11/21/17 Entered 11/21/17 16:12:38 Desc Main Document Page 1 of 14

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Transcription:

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-CV-285 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. RICHARD W. DAVIS, JR., MOTION TO ABANDON CERTAIN PERSONAL PROPERTY OF THE RECEIVERSHIP ESTATE and Defendant, DCG REAL ASSETS, LLC, et al., Relief Defendants. A. Cotten Wright, the duly-appointed receiver for the assets of DCG Real Assets, LLC; DCG Commercial Fund I, LLC; H20, LLC; DCG PMG, LLC; DCG PMF, LLC; Finely Limited, LLC; DCG Funds Underwriting, LLC; DCG ABF Management, LLC; DCG Funds Management, LLC; Davis Capital Group, Inc.; Davis Financial, Inc.; DCG Partners, LLC; DCG Real Estate Development, LLC; Huntersville Plaza Phase One, LLC; Huntersville Plaza Phase Two, LLC, North Lake Business Park, LLC, and Richard Davis Enterprises, LLC ( RDE, and collectively with the other above-named entities, the Receivership Defendants ) in the above-referenced case (the Receiver ), through counsel, hereby presents this Motion to Abandon Certain Personal Property of the Receivership Estate (this Motion ) and respectfully shows the Court the following in support: INTRODUCTION 1. Through this Motion, the Receiver seeks entry of an Order authorizing the Trustee to abandon certain personal property of the receivership estate, specifically a 2014 Dodge Ram Case 3:16-cv-00285-GCM Document 76 Filed 12/20/16 Page 1 of 5

2500 titled to RDE (the Truck ), which abandonment would take effect immediately upon entry of an Order granting this Motion. PROCEDURAL AND FACTUAL BACKGROUND 2. On June 2, 2016, the Securities and Exchange Commission filed a civil complaint against Richard Wyatt Davis, Jr. as Defendant ( Davis ) and the Receivership Defendants as relief defendants, initiating this case. On June 3, 2016, the Court entered Judgment as to Davis. 3. On June 8, 2016, the Court entered a Temporary Receivership Order in this case (Doc. No. 8) imposing a temporary injunction and appointing the Receiver; and, by default judgments entered on August 5, 2016 and September 22, 2016 (Doc. No. 48 & 64), the Court extended the temporary receivership into a permanent receivership (collectively, the Receivership Order ). 4. On August 5, 2016, the Court entered an Order Establishing Procedures for Miscellaneous Motions; Procedures for the Sale of Assets; and Case Closing Procedures (Doc. No. 49) (the Case Procedures Order ). Pursuant to (2)(a) of the Case Procedures Order, the Receiver must file a motion to abandon any assets owned by the Receivership Defendants worth more than $2,000.00 and provide parties-in-interest with at least fourteen (14) days to submit written objections to such an abandonment motion. 5. The Receiver is informed and believes that the Truck could be sold for, at most, $50,000.00. However, the lending institution that financed the purchase of the Truck currently has a lien against the Truck in the amount of $47,665.73. According to the finance company, although the title is in the name of RDE, the loan obligation is under Davis s personal social security number and not RDE s employer identification number. 6. The Receiver believes that, even at a value of $50,000, after factoring in the costs Case 3:16-cv-00285-GCM Document 76 Filed 12/20/16 Page 2 of 5

necessary to sell the Truck, including, without limitation, storage costs, marketing costs, and commissions, the Truck is of inconsequential value to the receivership estate. RELIEF REQUESTED 7. Through this Motion, the Receiver seeks an order providing for the abandonment of the Truck, effective immediately upon entry of such an order granting this Motion. 8. As set forth above, the Truck is of inconsequential value to the receivership estate as the balance owed on the purchase money loan to purchase this Truck is greater than, equal to, or only very slightly less than, the value of the Truck. 9. Any efforts by the Receiver to administer the Truck would be burdensome and not beneficial to the investors and interest holders of the Receivership Defendants. NOTICE 10. If you do not want the Court to approve this Motion, or if you want the Court to consider your views, then on or before January 4, 2016, you or your attorney must file with the Court a written response explaining your position. The response must be filed electronically with the United States District Court for the Western District of North Carolina, www.ncwd.uscourts.gov. Under certain circumstances, if you are an individual who is not represented by an attorney, you may hand deliver your response to the Clerk of the United States District Court, 401 West Trade Street, Charlotte, NC 28202. On or before the date stated above for filing your written response, you must also mail, fax or email a copy of your written response to: A. Cotten Wright, Grier Furr & Crisp, PA, 101 N. Tryon St., Ste. 1240, Charlotte, NC 28246; 704/332.0215; dcgreceivership@grierlaw.com. If the Court schedules a hearing, you or your attorney should attend the hearing, which will be held at a time and date which will be noticed only to any party who files a response, at the United States District Court, 401 West Trade Street, Case 3:16-cv-00285-GCM Document 76 Filed 12/20/16 Page 3 of 5

Charlotte, NC 28202. If you or your attorney do not to take these steps, then the Court may decide that you do not oppose the relief the Receiver requests herein and may enter an order approving this Motion. WHEREFORE, the Receiver prays that the Court will enter an Order: (1) Granting this Motion; (2) Authorizing the Receiver to abandon the Truck, which abandonment shall take effect immediately upon entry of the Order granting this Motion; and (3) Granting such further relief as is just and proper. Respectfully submitted, this 20th day of December, 2016. /s/ Michael L. Martinez A. Cotten Wright (N.C. Bar No. 28162) Michael L. Martinez (State Bar No. 39885) Grier Furr & Crisp, PA 101 North Tryon Street, Suite 1240 Charlotte, North Carolina 28246 Phone: 704.375.3720 Fax: 704.332.0215 mmartinez@grierlaw.com Attorneys for the Receiver Case 3:16-cv-00285-GCM Document 76 Filed 12/20/16 Page 4 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:16-CV-285 SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, RICHARD W. DAVIS, JR., CERTIFICATE OF SERVICE and Defendant, DCG REAL ASSETS, LLC, et al., Relief Defendants. The undersigned hereby certifies that copies of the foregoing Motion to Abandon Certain Personal Property of the Receivership Estate were served by electronic notification on those parties registered with the United States District Court, Western District of North Carolina electronic case filing system to receive notices for this case, unless otherwise noted below. Patrick R. Costello (costellop@sec.gov) Securities and Exchange Commission Brian S. Cromwell (briancromwell@parkerpoe.com) Sarah F. Hutchins (sarahhutchins@parkerpoe.com) Parker Poe Adams & Bernstein LLP Attorneys for DCG Commercial, LLC and DCG Commercial Holdings, LLC Richard W. Davis, Jr. rdavis@daviscapitalgroup.com Via email Investors in Receivership Defendants Via email, U.S. Mail, and online publication This is the 20th day of December, 2016. /s/ Michael L. Martinez Michael L. Martinez Grier Furr & Crisp, PA 101 North Tryon Street, Suite 1240 Charlotte, NC 28246 Case 3:16-cv-00285-GCM Document 76 Filed 12/20/16 Page 5 of 5