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General Information and Documents
for ABC Viaticals, Inc. |
中文 - Chinese |
Information for Investors
IMPORTANT NOTICE (Updated 06-22-2015): The Court has entered its Order Approving Receiver's Twelfth Motion to Allow “A” Claims. Before the Receiver can begin issuing final distribution checks, the Court must also enter an order approving the Receiver’s Final Report and Proposed Final Distribution Plan. The Receiver filed that report on September 17, 2014, and the Court is aware of it but has not yet ruled. As soon as it is approved, the Receiver will begin processing final distribution checks. We thank you for your continued patience in the interim.
IMPORTANT NOTICE (Updated 09-23-2014): The Receiver has filed his Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4). After making an interim distribution of $15 million in 2011, the Receiver collected additional amounts and successfully defended against C. Keith LaMonda’s numerous lawsuits and appeals attempting to recover the receivership estate’s remaining assets. As a result, the receivership estate currently has $9,138,181.69. An overview of its assets and expenses is contained in Exhibit 1 and Exhibit 2 to the Final Report.
The Final Report and Proposed Final Distribution Plan seeks authority to pay the estate’s remaining expenses and to make the final distribution of $8,535,343.80 to the 3,912 investors. A summary of the proposed final distribution is contained in Exhibit 3 to the Final Report. Combined with the $15 million interim distribution in 2011, the final distribution will result in a 20.27% total return to the investors.
The Receiver has also filed a Twelfth Motion to Allow “A” Claims. If granted, that motion would permit fifteen additional investors to participate in the final distribution for a total of 3,912 approved “A” claimants.
The Receiver cannot make the final distribution until the Court allows the remaining “A” claims, approves the final report, and authorizes the final distribution. After that occurs, the Receiver can begin sending final distribution checks to the address of investors with approved “A” claims. Any investors who believe they have an approved claim but did not receive an interim distribution check in 2011 should contact Stephen Tomasky at secreceiver@qslwm.com.
IMPORTANT NOTICE (Updated 09-30-2013):
C. Keith LaMonda filed a claim asking the Court to pay essentially all of the remaining receivership estate assets to him, rather than to the investors with approved claims. The Receiver, the SEC, and the Examiner have opposed those efforts.
The U.S. Magistrate Judge conducted a hearing on LaMonda's claim on February 20, 2013. Following the hearing, she entered Findings, Conclusions, and Recommendations that his claim should be denied. LaMonda filed Objections that were overruled by the U.S. District Judge's Order adopting the findings and recommendation.
On April 29, 2013, LaMonda filed a Notice of Appeal asking the U.S. Court of Appeals for the Fifth Circuit to review the decision denying his claim.
The District Court also entered an Order on July 22, 2013, that required LaMonda to pay the full costs for his appeal because it is not taken in good faith or based upon an accurate view of the law. LaMonda asked the Court of Appeals to reconsider that issue as well. The Receiver filed his Response Brief with the Court of Appeals on October 3, 2013.
The Court of Appeals entered an Order denying LaMonda’s appeals and dismissing them as frivolous. As a result, the Receiver will not have to pay any of the remaining receivership estate assets to LaMonda and, instead, those funds will be available for a final distribution to the investors.
IMPORTANT
NOTICE (Updated 11-30-2011): On November 28, 2011, the Receiver and
the Examiner filed a Joint Status Report updating the status of the ABC
Receivership Estate. A copy of the report can be viewed here.
Several investors have asked whether they can still send in claims for
money they invested with ABC Viaticals. We will try to get those claims
approved but it is important that you act quickly. If you have not yet
sent the Receiver a claim form or if you need to make changes to your
existing claim, please contact Stephen Tomasky at secreceiver@qslwm.com.
IMPORTANT NOTICE (Updated 10-17-2011): The Receiver has mailed
all checks from the first interim distribution to investors. Any investors
who believe they have an approved claim and did not receive a check should contact
Stephen Tomasky at secreceiver@qslwm.com.
IMPORTANT NOTICE (Updated 10-17-2011): The Receiver has recently
settled two lawsuits that recovered a substantial amount of money for
the receivership estate.
In 2007, the Receiver filed a lawsuit in the United States District Court
against Erwin & Johnson LLP and Christopher R. Erwin for their roles as
ABC Viaticals' trustee and escrow agent. That case recently settled and
the details of the settlement can be found here.
In 2010, the Receiver filed a lawsuit in the United Kingdom against DMH
Stallard and Christopher John William Stenning for their role in ABC Viaticals
purchasing bonds from Albatross Invest S.p.a. that proved to be fraudulent.
That case recently settled and the details of the settlement can be found
here.
Those two settlements conclude all of the lawsuits the Receiver filed
to recover money in this case. The Receiver is now in final stages of
selling LaMonda's remaining property, which includes his house in Kissimmee,
Florida. After his remaining property is sold, the Receiver will recommend
that the Court approve a final distribution to the investors.
IMPORTANT NOTICE (Updated 03-29-2011): The Court has entered an
Order
approving the Receiver's status report and proposed interim distribution.
He is currently working to generate 3,897 checks and deliver them to investors.
Please be patient during that process because it requires a great deal
of work by the Receiver and his claim analysts.
The Receiver is also making arrangements to deliver checks to one central
location in Tawian where the investors located there can personally appear
and pick them up. We will post an advance notice on this website once
those arrangements are finalized.
IMPORTANT NOTICE (Updated 01-25-2011): The Receiver has filed his
Status
Report and Proposed Interim Distribution (Exhibit
1 - Exhibit
2), which summarizes the Receiver's finances and activities to
date. That report also outlines the Receiver's plan to make a $15 million
interim distribution to all investors holding an allowed claim. As explained
more fully in the report, a $15 million interim distribution would pay
each investor 12.94% of his or her allowed claim. The Receiver has asked
the Court to consider that proposal and enter an order authorizing him
to make the interim distribution. Future updates about the status of that
distribution will be posted on this website.
IMPORTANT NOTICE (Updated 08-20-2010): The SEC filed its Unopposed
Motion to Dismiss Monetary Claims Against Defendants C. Keith LaMonda
and Jesse W. LaMonda, Jr. on August 31, 2009. On September 3,
2009, the Court entered Final
Judgment in this case against them. That final judgment permanently
prohibits them from engaging in certain conduct governed by United States
securities laws. To date, both Keith LaMonda and Jesse LaMonda remain
in federal prison for crimes committed in selling viatical investments.
On August 12, 2010, the Receiver joined the SEC and Examiner in filing
a Joint
Status Report about the remaining claims and parties in this case.
IMPORTANT NOTICE (Updated 11-10-2008): On September 23-24, 2008,
the Court held an evidentiary hearing on the Receiver's Motion
to Sell All Insurance Policies (Exhibit
1 - Exhibit
2). Investors can view a copy of the transcript, which is available
here: Part
1 | Part
2. In attendance at that hearing were the Receiver, the Examiner,
the SEC, four representatives for the Taiwanese investors, one representative
for the Puerto Rican investors, and bidders interested in purchasing the
portfolio of insurance policies.
On the first day of the hearing, the Receiver conducted an auction for
the portfolio of insurance policies under the Court's supervision. The
starting bid was $27.1 million and the final bid was $33.5 million from
Settlement Group, Inc. As the winning bidder, Settlement Group, Inc. will
also reimburse the Receiver for all premiums paid on the policies since
July 1, 2008, which through October 2008 is an additional $2.6 million.
Following the auction, the parties presented arguments and evidence to
help the Court determine whether it would approve the sale of policies
for $33.5 million. Each party--including the investors from Taiwan and
Puerto Rico--was allowed to state its position, present evidence, and
ask questions of the Receiver.
The primary issue at the hearing was whether the Court should delay approval
of the sale for three weeks and allow an actuary to prepare life expectancy
reports for the insurance policies and a valuation of the portfolio. While
the Receiver, the SEC, and the Examiner did not oppose the delay, the
Court had the final decision about whether it was in the investors' best
interests.
On October 6, 2008, the Court entered an Order
(Exhibit
1) approving the sale of insurance policies for $33.5 million
and denying the request for a three-week delay. That order has extensive
findings of fact and conclusions of law explaining the decision. Among
other things, the Court noted that (1) the bidders had already done something
"very similar" to what the actuary was proposing, (2) the value of a delay
was "uncertain" to bring more bidders or a higher bid price for the insurance
policies, and (3) selling the policies for $33.5 million "is the only
viable option and is in the best interests of the investors at this time."
On October 13, 2008, the Puerto Rican investors filed a Motion
for Reconsideration. On October 21, 2008, the Puerto Rican investors
also filed an Emergency
Motion for Stay of the Magistrate's Order. The Court entered its
Order
denying those motions on October 29, 2008.
On November 5, 2008, the Puerto Rican investors filed an Emergency
Motion to Stay and Reconsider the Court's Decision followed by
an Amended
Emergency Motion to Stay and Reconsider the Court's Decision (Exhibit
A - Exhibit
B - Exhibit
C - Exhibit
D). The Court entered its Order
on November 6, 2008, granting that motion in part and staying the sale
of ABC's insurance policies through November 13, 2008. In particular,
the Court authorized the Receiver to evaluate other prospective offers
to purchase the portfolio of insurance policies and determine if they
are superior to the sale for $33.5 million.
On November 11, 2008, the only interested party notified the Receiver
that it was not going to submit a bid to purchase the portfolio of inusrance
policies. The Court then entered an Agreed
Order Terminating Stay, which permitted the Receiver to close
the sale for $33.5 million.
IMPORTANT NOTICE (04-01-2008): The Examiner has posted an investor
update on his website that answers various questions recently submitted
by investors.
IMPORTANT NOTICE (01-02-2008): The Examiner has posted an investor
update on his website that answers various questions recently submitted
by investors.
IMPORTANT NOTICE (09-24-2007): In order to file a claim in this
case, investors must fill out the court-approved
claim form and return it to the Receiver with the requested supporting
documents. Upon receiving your claim, the Receiver will send you a notecard
with your assigned claim ID number. Should the personal information on
your claim form change for any reason, please notify the Receiver at secreceiver@qsclpc.com.
If you wish to transfer your claim to another claimant, you may do so
by using the Notice
of Claim Transfer that the Examiner published on his website in July
2007.
IMPORTANT NOTICE (09-17-2007): The Receiver has prepared an investor
update that briefly describes the progress made in both collecting
investor information and recovering investor funds.
IMPORTANT NOTICE (07-18-2007): On July 12, 2007, the Receiver reached
a comprehensive settlement
with the LaMonda family members, including Keith and Jesse LaMonda. The
Receiver has prepared an investor
update summarizing the most important terms of that settlement.
IMPORTANT NOTICE (06-14-2007): A number of investors have contacted
the Receiver and the Examiner asking about the work done to date and the
fees and expenses charged. In response, the Receiver and Examiner prepared
an investor
update summarizing the most significant accomplishments as of
June 14, 2007. This summary is posted for the benefit of all investors,
but the most current and specific information is still provided on www.secreceiver.com/abc/
and www.abcexaminer.com.
IMPORTANT NOTICE (11-30-2006): Due to the large number of investors
in this case, the Court has appointed Steven A. Harr of Munsch, Hardt,
Kopf & Harr, P.C. to act as Examiner on their behalf. According to the
Order
Appointing Examiner, Mr. Harr is to monitor the Receiver's activities,
communicate with investors, and to voice their collective interests on
matters before the Court.
Investors are encouraged to view the Examiner's website at www.abcexaminer.com
for more specific information relating to investors.
Lawsuit by the SEC and Appointment of Receiver
On November
17, 2006, the United States Securities and Exchange Commission ("SEC")
filed a Complaint
against ABC Viaticals, Inc., C. Keith LaMonda, and Jesse W. LaMonda, Jr.,
Defendants, and LaMonda Management Family Limited Partnership, Structured
Life Settlements, Inc., Blue Water Trust, and Destiny Trust, Relief Defendants,
alleging violation of the federal securities laws. On that same day, and
by agreement of the parties, the court issued an Agreed
Preliminary Injunction, Order Freezing Assets, Order Requiring an Accounting
and Order Requiring Preservation of Documents and an Order
Appointing Receiver. As a result of those Orders, all of the assets
of the Defendants and Relief Defendants were frozen. In addition, Michael
J. Quilling was appointed Receiver for ABC Viaticals, Inc. and the Relief
Defendants.
On November
29, 2006, the Receiver filed his Unopposed
Motion to Appoint Examiner. On November 30, 2006, the Court granted
issued its Order
Appointing Examiner.
On December
1, 2006, the Receiver filed his Unopposed
Motion to Use Policy Proceeds and Premium Escrow Reserves (Pool Assets).
That same day the Court issed its Order
Pooling Receivership Assets.
On December
1, 2006, the Receiver also filed his Unopposed
Motion to Modify Order Appointing Receiver. On December 4, 2006
the Court issued its Order
Clarifying and Modifying Order Appointing Receiver.
On February
1, 2007, Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. filed their
Unopposed
Joint Motion to Extend Time to Move, Answer or Otherwise Respond to Plaintiff's
Complaint. The Court issued its Order
granting Defendants' motion on February 5, 2007. On March 28, 2007, Defendants
C. Keith LaMonda and Jesse W. LaMonda, Jr. filed their Unopposed
Joint Motion to Extend Time to Move, Answer or Otherwise Respond to Plaintiff's
Complaint. On March 29, 2007, the Court entered its Order
granting Defendants' motion. The Court entered an Amended
Order on March 30, 2007, that extended Defendants' time to respond
until May 31, 2007. On May 29, 2007, Defendants C. Keith LaMonda and Jesse
W. LaMonda, Jr. filed their Unopposed
Joint Motion to Extend Time to Answer Plaintiff's Complaint. On
June 7, 2007, the Court entered its Order
granting Defendants' motion. On July 20, 2007, Defendants filed Keith
LaMonda's Original Answer and Jesse
W. LaMonda Jr.'s Original Answer.
On July
6, 2007, the SEC filed its Unopposed
Motion to Enter Agreed Interlocutory Judgment of Permanent Injunction.
On July 13, 2007, the Court entered an Agreed
Interlocutory Judgment of Permanent Injunction.
The SEC filed its Unopposed Motion to Dismiss Monetary Claims Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. on August 31, 2009.
On September 3, 2009, the Court entered Final Judgment in this case against them.
That final judgment permanently prohibits them from engaging in certain conduct governed by United States securities laws.
To date, both Keith LaMonda and Jesse LaMonda remain in federal prison for crimes committed in selling viatical investments.
On November 29, 2011, the Court entered the Agreed Final Judgment against ABC Viaticals, Inc. and permanently enjoining it and its officers from engaging in the fruadulent sale of securities.
Activities of the Receiver
On December
18, 2006, the Receiver filed a Preliminary
Report describing the activities and known assets of the Defendants
and Relief Defendants.
On January
16, 2007, the Reciever filed his Motion
to Establish Claim Procedure Plan and to Approve Claim Form and
Supporting
Exhibits (Exhibit A
- Exhibit B
- Exhibit C
- Exhibit D). On January 18, 2007, the Court issued an Order
approving the Receiver's plan.
On December
1, 2006, the Receiver filed his Unopposed
Motion for Authority to Enter into an Agreement for Bank Financing.
On December 4, 2006, the Court entered its Order
Authorizing Receiver to Obtain Bank Financing. On March 8, 2007,
the Receiver filed his Unopposed
Motion to Approve Bank Financing and Request for Expedited Consideration.
On March 16, 2007, the Court entered its Order
granting the Receiver's motion. On June 25, 2007, the Receiver filed his
Unopposed
Motion to Increase Bank Financing Facility and Request for Expedited Consideration.
That day, the Court entered its Order
Authorizing Receiver to Increase Bank Financing.
On February 6, 2008, the Receiver filed his Second Unopposed Motion to Increase Bank Financing.
That day, the Court entered its Order Authorizing Receiver to Increase Bank Financing.
On February 27, 2008, the Receiver filed his Third Unopposed Motion to Increase Bank Financing.
The Court entered its Order Authorizing Receiver to Increase Bank Financing on February 29, 2008.
On June 27, 2008, the Receiver filed his Fourth Unopposed Motion to Increase Bank Financing.
The Court entered its Order Authorizing Receiver to Increase Bank Financing on June 30, 2008.
On December
21, 2006, the Receiver filed his Unopposed
Motion for Authority to Employ National Viatical, Inc. The Court
issued its Order
Authorizing Employment of National Viatical, Inc. Nunc Pro Tunc
on December 29, 2006.
On March
16, 2007, the Receiver filed his Unopposed
Motion for Authority to Pay Taxes and Brief in Support. On March
20, 2007, the Court entered its Order
granting the Receiver's motion.
On April
4, 2007, the Receiver filed his Unopposed
Motion to Return Unmatched Funds. On April 18, 2007 the Court
entered its Order
Authorizing Return of Unmatched Funds.
On February 1, 2008, the Receiver filed his Unopposed
Motion to Solicit Bids for Purchase of Policies and to Set Sale Procedures
(Exhibit
1 -
Exhibit 2 -
Exhibit 3 -
Exhibit 4 -
Exhibit 5 -
Exhibit 6). On February 4, 2008, the Court entered its Order
granting the motion.
On June 30, 2008, the Receiver filed his Motion
to Sell All Insurance Policies (Exhibit
1 - Exhibit
2). In it, the Receiver asks the Court (1) to set a hearing date
to oversee the second round of bidding by auction and (2) to approve the
final sale price at the conclusion of that auction.
On July 9, 2008, the Court entered an Order
of Reference referring any hearing on the Receiver's motion to
U.S. Magistrate Judge Ramirez.
On October 6, 2008, the Court entered an Order
(Exhibit
1) approving the sale of insurance policies for $33.5 million,
which was the highest sales price after the second round of bidding.
On August 12, 2010, the Receiver joined the SEC and Examiner in filing
a Joint
Status Report about the remaining claims and parties in this case.
On January 12, 2011, the Receiver filed his Status
Report and Proposed Interim Distribution (Exhibit
1 - Exhibit
2), which summarizes the Receiver's finances and activities to
date. That report also outlined the Receiver's plan to make a $15 million
interim distribution to investors holding a total of 3,897 allowed claims.
As explained more fully in the report, a The Court entered an Order
approving the report and proposed distribution on March 22, 2011. $15
million interim distribution would pay each investor 12.94% of his or
her allowed claim.
On September 17, 2014, the Receiver filed his Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4), which summarizes the Receiver's finances and activities to date. That report also outlines the Receiver's plan to make a $8,535,343.80 final distribution to investors holding a total of 3,912 allowed “A” claims. Combined with the $15 million interim distribution in 2011, the final distribution will result in a 20.27% total return to the investors. On June 25, 2015, the Court entered its Order Approving Receiver's Final Report and Proposed Final Distribution Plan. That order authorizes the Receiver to make the final distribution to investors with an approved claim.
The Receiver expects to have all distribution checks mailed by July 10, 2015. If you have an approved claim and have not received a final distribution check by July 24, 2015, please contact Stephen Tomasky at secreceiver@qslwm.com.
Approval and Distribution of Investor Claims
On May 1, 2008, the Receiver filed his First Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on June 3, 2008.
On June 4, 2008, the Receiver filed his Second Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on June 9, 2008.
On July 1, 2008, the Receiver filed his Third Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on July 3, 2008.
On August 4, 2008, the Receiver filed his Fourth Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on September 12, 2008.
On September 2, 2008, the Receiver filed his Fifth Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on October 3, 2008.
On October 6, 2008, the Receiver filed his Sixth Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on November 6, 2008.
On November 3, 2008, the Receiver filed his Seventh Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on December 3, 2008.
On December 1, 2008, the Receiver filed his Eighth
Motion to Allow "A" Claims (Exhibit
1).
The Court entered an Order approving those claims on January 5, 2009.
On February 8, 2010, the Receiver filed his Motion to Disallow/Adjust "A" Claims (Exhibit 1)
asking the Court to revise 14 claims to more accurately reflect amounts the claimants actually invested or amounts they already received.
The Court entered an Order approving those claims on May 27, 2009.
On February 8, 2010, the Receiver filed his Ninth Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on February 11, 2010.
On March 10, 2010, the Receiver filed his Motion
to Vacate in Part Orders Allowing "A" Claims and to Allow Corrected "A"
Claims (Exhibit
A) to correct clerical mistakes in 13 allowed claims.
The Court entered an Order approving those claims on May 27, 2010.
On May 27, 2010, the Receiver filed his Tenth Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on May 28, 2010.
On June 1, 2010, the Receiver filed his Motion to Adjust "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on June 2, 2010.
On December 10, 2010, the Receiver filed his Eleventh Motion to Allow "A" Claims (Exhibit 1).
The Court entered an Order approving those claims on January 4, 2011.
On September 17, 2014, the Receiver filed his Twelfth Motion to Allow “A” Claims. The Court entered and Order approving those Claims on June 19, 2015.
Activities Related to Keith LaMonda and Jesse LaMonda
On July
12, 2007, the Receiver filed his Agreed
Motion to Approve Compromise and Settlement Agreement and Request for
Expedited Consideration (Exhibit
A).
The Court entered its Order approving that agreement on July 17, 2007.
On February 8, 2010, C. Keith LaMonda filed a Dual Motion to Appear Pro Se and Reconfirm the Compromise and Settlement.
LaMonda then filed a Notice terminating his counsel of record.
The Receiver filed his Response arguing that the Court has resolved all claims against LaMonda and he has no standing to continue participating in this case from prison.
LaMonda filed his Reply.
The Court entered an Order denying LaMonda's request.
On March 29, 2010, LaMonda filed a Motion Requiring Receiver to Provide an Accounting.
The Receiver filed his Response stating that LaMonda is no longer a party and has no standing to participate in the lawsuit and LaMonda filed his Reply.
The Court entered an Order denying LaMonda's request.
C. Keith LaMonda then filed a claim asking the Court to pay essentially all of the remaining receivership estate assets to him, rather than to the investors with approved claims. The Receiver, the SEC, and the Examiner have opposed those efforts.
The U.S. Magistrate Judge conducted a hearing on LaMonda's claim on February 20, 2013. Following the hearing, she entered Findings, Conclusions, and Recommendations that his claim should be denied. LaMonda filed Objections that were overruled by the U.S. District Judge's Order adopting the findings and recommendation.
On April 29, 2013, LaMonda filed a Notice of Appeal asking the U.S. Court of Appeals for the Fifth Circuit to review the decision denying his claim.
The District Court also entered an Order on July 22, 2013, that required LaMonda to pay the full costs for his appeal because it is not taken in good faith or based upon an accurate view of the law. LaMonda asked the Court of Appeals to reconsider that issue. The Court of Appeals entered an Order denying LaMonda’s appeals and dismissing them as frivolous. As a result, the Receiver will not have to pay any of the remaining receivership estate assets to LaMonda and, instead, those funds will be available for a final distribution to the investors.
Activities Related to Donald S. Kaplan
On April
6, 2007, the Receiver filed his Motion
for Show Cause Hearing Regarding Commissions Paid to Donald S. Kaplan
and Supporting
Exhibits. On May 1, 2007, the Court entered its Order
directing Kaplan to respond to the Receiver's Motion.
On May 10, 2007, the Receiver filed a Motion
Approve Stipulation Extending Donald S. Kaplan's Time to Respond.
On May 14, 2007, the Court entered an Order
extending Donald S. Kaplan's time to respond. On June 1, 2007, the Receiver
filed a Motion
to Approve Second Stipulation Extending Donald S. Kaplan's Time to Respond.
On June 7, 2007, the Court entered an Order
extending Donald S. Kaplan's time to respond.
On June 14, 2007, Kaplan filed his Response
Brief and Motion
to Dismiss. On June 27, 2007, the Receiver filed his Response
to Donald S. Kaplan's Motion to Dismiss and Combined Reply Brief Supporting
the Receiver's Motion for Show Cause Hearing and Expedited Consideration.
On July 11, 2007, Kaplan filed his Reply
Brief. On August 10, 2007, the Court entered its Order
granting the Receiver's Motion for Show Cause Hearing and denying Kaplan's
Motion to Dismiss.
On August 29, 2007, the Court entered its Order
Requiring Attorney Conference, which directed the parties to file
a Joint Proposal for Discovery and Hearing Dates by September 28, 2007.
After the parties submitted their joint proposal, the Court entered its
Scheduling
Order on October 22, 2007. On December 14, 2007, the parties filed
a Motion
for Agreed Order Permitting a Supplemental Expert Report, which
was granted in an Agreed
Order entered on December 19, 2007.
On January 18, 2008, the parties filed a Motion
to Approve an Agreed Order that would protect the ABC investors'
personal and financial information from unnecessary disclosure in these
proceedings. The Court entered the Agreed
Order on January 24, 2008.
On February 7, 2008, the Receiver filed a Motion for Agreed Order Extending Discovery Deadlines that gave the Receiver and Donald Kaplan until March 12, 2008, to explore a settlement agreement or else complete discovery.
The Court entered the Agreed Amended Scheduling Order on February 8, 2008.
On March 12, 2008, the Receiver filed a Second Motion for Agreed Order Extending Discovery Deadlines to further explore the possibility of settlement.
The Court granted the motion by entering its Second Agreed Amended Scheduling Order on March 14, 2008.
On March 25, 2008, Donald Kaplan filed his Motion for Agreed Order for Protection of Private Financial Records to protect from disclosure the personal financial information that he agred to provide the Reciever in connection with their settlement negotiations.
The Court entered that Agreed Order on March 31, 2008.
On April 8, 2008, the Receiver filed a Third Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations.
The Court entered a Third Agreed Amended Scheduling Order on April 10, 2008.
On May 29, 2008, the Receiver filed a Fourth Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations.
The Court entered a Fourth Agreed Amended Scheduling Order on June 3, 2008.
On August 27, 2008, the Receiver filed a Fifth Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations.
The Court entered a Fifth Agreed Amended Scheduling Order on August 28, 2008.
On October 17, 2008, the Receiver filed Sixth Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations.
The Court entered a Sixth Agreed Amended Scheduling Order on October 20, 2008.
On December 3, 2008, the Receiver filed Seventh Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations.
The Court entered a Seventh Agreed Amended Scheduling Order on December 8, 2008.
After viewing Donald Kaplan's financial condition and records of his assets, the Receiver filed a Motion for Agreed Order Approving Settlement Agreement with Donald Kaplan (Exhibit 1) on January 30, 2009.
As part of that settlement, Donald Kaplan agreed to pay the Receiver $160,000.
The Receiver believes that settlement amount is the best and highest recovery that can be achieved without incurring significant litigation expenses. It would also result in a net recovery for the receivership estate.
The Court, therefore, entered an Agreed Order approving that settlement agreement on February 2, 2009.
The Receiver then filed his Notice Withdrawing Motion for Show Cause Hearing on March 25, 2009, in accordance with the parties' settlement agreement.
Activities Related to Jason Sun
On April 16, 2009, the Receiver filed his Motion for Show Cause Hearing Regarding Commissions Paid to Jason Sun (Exhibit A - Exhibit B - Exhibit C).
Through that motion, the Receiver asks the Court to disgorge up to $6,669,429.72 in commissions paid to or for the benefit of a sales agent named Jason Sun.
The Receiver alleges that Jason Sun was primarily responsible for recruiting Taiwanese investors into the ABC investment scheme.
The Court entered an Order directing Jason Sun to respond by May 17, 2009.
With the Receiver's agreement, the Court entered additional Orders (1 - 2 - 3 - 4 - 5 - 6 - 7) extending Jason Sun's response date while the parties discuss potential settlement agreements.
Given the extended settlement discussions, the Court entered an Order dismissing the motion while the parties continued negotiating. Should those negotiations prove unsuccessful, the Receiver may re-file the motion at any time.
Activities Related to Receivership Estate Assets
On August
8, 2007, the Receiver filed his Unopposed
Motion to Sell 2003 Lincoln Aviator. On August 9, 2007, the Court
entered its Order
Approving Sale.
On August
8, 2007, the Receiver filed his Unopposed
Motion to Sell 2006 Mercedes Benz CLS500. On August 9, 2007, the
Court entered its Order
Approving Sale.
On August
15, 2007, the Receiver filed his Unopposed
Motion to Sell 2006 Cadillac SRX. On August 16, 2007, the Court
entered its Order
Approving Sale.
On August
16, 2007, the Receiver filed his Unopposed
Motion to Sell Real Property at Private Sale (3923 Muscadine Trail in
Gainesville, Georgia). That day, the Court entered its Order
Approving Sale.
On January 24, 2008, the Receiver filed his Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (Exhibit A).
On January 25, 2008, the Court entered its Order approving the sale.
On August
22, 2007, the Receiver filed his Unopposed
Motion to Sell 2006 Jeep Grand Cherokee Laredo. On August 29,
2007, the Court entered its Order
Approving Sale.
On September 17, 2007, the Receiver filed his Unopposed
Motion to Sell 2005 Chrysler Town & Country. On September
18, 2007, the Court entered its Order
Approving Sale.
On October 12, 2007, the Receiver filed his Motion
to Retain Appraisers (1730 Parkwood in Moberly, Missouri). That
day, the Court entered its Order
granting the motion. On January 24, 2008, the Receiver filed his Motion
to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances
(Exhibit
A).
On January 25, 2008, the Court entered its Order approving the sale.
On October 12, 2007, the Receiver filed his Unopposed
Motion to Sell 2004 Panther Airboat and Aluminum Trailer. That
day, the Court entered its Order
Approving Sale.
On October 12, 2007, the Receiver filed his Motion
to Sell 2006 Jeep Grand Cherokee Overland. That day, the Court
entered its Order
Approving Sale.
On November 21, 2007, the Receiver filed his Motion
to Sell 2003 Mercedes Benz S55. On November 26, 2007, the Court
entered its Order
Approving Sale.
On December 10, 2007, the Receiver filed his Motion
to Sell 2004 Jeep Liberty. On December 14, 2007, the Court entered
its Order
Approving Sale.
On February 1, 2008, the Receiver filed his Unopposed Motion to Solicit Bids for Purchase of Policies and to Set Sale Procedures (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4
- Exhibit 5 - Exhibit 6).
On February 4, 2008, the Court entered its Order granting the motion.
On June 30, 2008, the Receiver filed his Motion to Sell All Insurance Policies (Exhibit 1 - Exhibit 2).
In it, the Receiver asks the Court (1) to set a hearing date to oversee the second round of bidding by auction and (2) to approve the final sale price at the conclusion of that auction.
On July 9, 2008, the Court entered an Order of Reference referring any hearing on the Receiver's motion to U.S. Magistrate Judge Ramirez.
On July 30, 2008, the Court entered an Order setting the Receiver's motion to sell policies for an evidentiary hearing on September 23-24, 2008, at 9:00 a.m. in Courtroom 1566 before U.S. Magistrate Judge Ramirez.
On August 8, 2008, the Receiver filed his Certificate of Service (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6) relating to his motion to sell the insurance policies.
On September 15, 2008, the Examiner filed a Report
Regarding the Motion to Sell Policies. In that report, the Examiner
thoroughly analyses the Receiver's position and the positions stated by
some of the investors. He concludes that selling the policies at this
time is in the investors' best interest.
On September 16, 2008, the SEC filed its Response to the Receiver's motion, which also stated that the sale was in the investors' best interests.
On September 17, 2008, Angelo Diaz Gonzales filed a Motion to Continue Hearing and an Objection to the Receiver's motion to sell the insurance policies.
The Court entered an Order denying the motion for continuance.
On October 6, 2008, the Court entered an Order (Exhibit 1) approving the sale of insurance policies for $33.5 million, which was the highest sales price after the second round of bidding.
Angelo Diaz Gonzales filed a Motion for Reconsideration on October 13, 2008.
On October 21, 2008, he also filed an Emergency Motion for Stay of the Magistrate's Order.
On October 23, 2008, Receiver filed his Response and the Examiner filed his Response.
Mr. Gonzalez filed his Reply to the Receiver on October 23, 2008, and his Reply to the Examiner on October 24, 2008.
The Court entered its Order denying those motions on October 29, 2008.
On November 5, 2008, Gonzalez filed an Emergency Motion to Stay and Reconsider the Court's Decision
followed by an Amended Emergency Motion to Stay and Reconsider the Court's Decision
(Exhibit A - Exhibit B - Exhibit C - Exhibit D).
The Court entered its Order on November 6, 2008, granting that motion in part and staying the sale of ABC's insurance policies through November 13, 2008.
In particular, the Court authorized the Receiver to evaluate other prospective offers to purchase the portfolio of insurance policies and determine if they are superior to the sale for $33.5 million.
On November 10, 2008, Settlement Group, Inc. filed an Emergency Motion to Reconsider the Stay and to Approve Sale of the Policies for $33.5 million.
On November 11, 2008, the only interested party notified the Receiver that it was not going to submit a bid to purchase the portfolio of inusrance policies.
The Court then entered an Agreed Order Terminating Stay, which permitted the Receiver to close the sale for $33.5 million.
It also entered an Order denying as moot Settlement Group, Inc.'s motion to reconsider.
Costs of Administration
On May 10,
2007, the Receiver filed his First
Interim Application to Allow and Pay (1) Receiver's Fees and Expenses
and (2) Attorneys' Fees and Expenses and Brief in Support.
On March 31, 2008, the Court entered its Order approving those fees.
On May 15,
2007, the Examiner filed his First
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On March 31, 2008, the Court entered its Order approving those fees.
On August
8, 2007, the Receiver filed his Second
Interim Application to Allow and Pay (1) Receiver's Fees and Expenses
and (2) Attorneys' Fees and Expenses and Brief in Support. On
August 24, 2007, the Court entered its Order approving those fees.
On September
5, 2007, the Examiner filed his Second
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On March 31, 2008, the Court entered its Order approving those fees.
On March 14, 2008, the Receiver filed his Third
Interim Application to Allow and Pay (1) Receiver's Fees and Expenses
and (2) Attorneys' Fees and Expenses and Brief in Support.
On April 4, 2008, Erwin & Johnson--the law firm being sued for mishandling investor funds--intervened in this lawsuit and filed a Response to the Receiver's fee application.
On April 10, 2008, the Receiver filed a Motion to Strike Erwin & Johnson's response for lack of standing and for attempting to intervene in an SEC lawsuit without its approval.
On May 13, 2008, the Receiver filed a Notice withdrawing his Motion to Strike.
That same day, Erwin & Johnson filed an Agreed Motion to Withdraw their Response to the Receiver's Third Interim Fee Application.
The Court entered an Order granting Erwin & Johnson's motion on May 19, 2008.
On January 7, 2009, the Court entered an Order approving those fees.
On September 9, 2008, the Examiner filed his Third
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support and
Fourth
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On October 14, 2008, the Court entered an Order approving the Examiner's third fee application and another
Order granting the Examiner's fourth fee application.
On November 26, 2008, the Examiner filed his Fifth
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On January 7, 2009, the Court entered an Order approving those fees.
On January 8, 2009, the Receiver filed his Fourth Interim Application to Allow and Pay (1) Receiver's Fees and Expenses
and (2) Attorneys' Fees and Expenses and Brief in Support.
On February 17, 2009, the Court entered an Order approving those fees.
On January 9, 2009, the Receiver filed his First Interim Application to Allow and Pay Fees and Expenses of Translator and Brief in Support.
On February 17, 2009, the Court entered an Order approving those fees.
On January 12, 2009, the Receiver filed his First Interim Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support.
On February 17, 2009, the Court entered an Order approving those fees.
On September 21, 2009, the Examiner filed his Sixth
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On October 2, 2009, the Court entered an Order approving those fees.
On March 8, 2010, the Examiner filed his Seventh
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On May 10, 2009, the Court entered an Order approving those fees.
On September 16, 2010, the Examiner filed his Eigth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support.
On September 17, 2010, the Court entered an Order approving those fees.
On January 13, 2011, the Receiver filed his Second Interim Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support.
On February 7, 2011, the Court entered an Order approving those fees.
On March 25, 2011, the Receiver filed his First Interim Application to Allow and Pay Fees and Expenses of Accountants and Brief in Support.
On December 2, 2011, the Examiner filed his Ninth Interim Application to Allow and Pay Examiner's Fees and Expenses .
The Court entered an Order approving those fees on December 5, 2012.
On January 27, 2012, the Receiver filed his Final Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support.
The Court entered an Order approving those fees on February 21, 2012.
On February 7, 2012, the Receiver filed his Final Application to Allow and Pay Fees and Expenses of UK Counsel and Brief in Support.
The Court entered an Order approving those fees on March 1, 2012.
On April 16, 2012, the Receiver filed his Application to Allow and Pay Fees and Expenses of Florida Counsel and Brief in Support.
The Court entered an Order approving those fees on May 15, 2012.
On September 17, 2014, the Receiver filed his Final Application to Allow and Pay Receiver's Fees and Expenses and Brief in Support.
The Court entered an Order approving those fees on June 22, 2015.
On September 17, 2014, the Receiver filed his Final Application to Allow and Pay Accountants' Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.
On September 17, 2014, the Receiver filed his Final Application to Allow and Pay Translators' Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.
On September 17, 2014, the Examiner filed his Final Application to Allow and Pay Examiner's Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.
The following documents require Adobe Reader (click here to download).
No. |
Date |
Description of Document |
1 |
11-17-2006 |
Complaint |
2 |
11-17-2006 |
Order Appointing Receiver |
3 |
11-17-2006 |
Agreed Preliminary Injunction, Order Freezing Assets, Order Requiring an Accounting and Order Requiring Preservation of Documents |
4 |
11-22-2006 |
Receiver's Bond |
5 |
11-29-2006 |
Unopposed Motion to Appoint Examiner and Request for Expedited Consideration |
6 |
11-30-2006 |
Order Appointing Examiner |
7 |
12-01-2006 |
Unopposed Motion to Use Policy Proceeds and Premium Escrow Reserves (Pool Assets) |
8 |
12-01-2006 |
Order Pooling Receivership Assets |
9 |
12-01-2006 |
Unopposed Motion to Modify Order Appointing Receiver |
10 |
12-01-2006 |
Unopposed Motion for Authority to Enter into an Agreement for Bank Financing |
11 |
12-01-2006 |
Notice of Appearance of Counsel (Examiner) |
12 |
12-04-2006 |
Order Authorizing Receiver to Obtain Bank Financing |
13 |
12-04-2006 |
Order Clarifying and Modifying Order Appointing Receiver |
14 |
12-15-2006 |
Waiver of Service of Summons (Jesse W. LaMonda, Jr.) |
15 |
12-18-2006 |
Receiver's Preliminary Report |
16 |
12-21-2006 |
Receiver's Unopposed Motion for Authority to Employ National Viatical, Inc. Nunc Pro Tunc and Request for Expedited Consideration |
17 |
12-29-2006 |
Order Authorizing Employment of National Viatical, Inc. Nunc Pro Tunc |
18 |
01-11-2007 |
Waiver of Service of Summons (C. Keith LaMonda) |
19 |
01-16-2007 |
Receiver's Unopposed Motion to Establish Claim Procedure Plan and to Approve Claim Form and Request for Expedited Consideration - Exhibit A - Exhibit B - Exhibit C - Exhibit D |
20 |
01-18-2007 |
Order Regarding Receiver's Motion to Establish Claims Procedure Plan and to Approve Claim Form |
21 |
02-01-2007 |
Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint |
22 |
02-01-2007 |
Receiver's Motion to Set Reasonable Subpoena Processing Fee |
23 |
02-05-2007 |
Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint |
24 |
03-08-2007 |
Receiver's Unopposed Motion to Approve Bank Financing and Request for Expedited Consideration |
25 |
03-16-2007 |
Order (Granting Motion to Approve Bank Financing) |
26 |
03-16-2007 |
Order of Reference (re: Motion to Set Reasonable Subpoena Processing Fee) |
27 |
03-16-2007 |
Receiver's Unopposed Motion for Authority to Pay Taxes and Brief in Support |
28 |
03-20-2007 |
Order (Granting Motion to Pay Taxes) |
29 |
03-20-2007 |
Order (Setting Briefing and Hearing Schedule for Motion to Set Reasonable Subpoena Processing Fee) |
30 |
03-27-2007 |
Amended Motion to Set Date for Production of Documents and Reasonable Subpoena Processing Fee and Brief in Support - Exhibit A |
31 |
03-28-2007 |
Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint |
32 |
03-29-2007 |
Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint |
33 |
03-30-2007 |
Amended Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint |
34 |
04-04-2007 |
Receiver's Unopposed Motion to Return Unmatched Funds |
35 |
04-06-2007 |
Motion for Show Cause Hearing Regarding Commissions Paid to Donald S. Kaplan along with Request for Expedited Consideration and Brief in Support - Exhibits |
36 |
04-06-2007 |
Agreed Order Regarding Production of Documents (SunTrust Bank) |
37 |
04-18-2007 |
Order Authorizing Return of Unmatched Funds |
38 |
05-01-2007 |
Order (Directing Donald S. Kaplan to Respond) |
39 |
05-10-2007 |
First Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Breif in Support |
40 |
05-10-2007 |
Motion to Approve Stipulation Extending Donald S. Kaplan's Time to Respond |
41 |
05-14-2007 |
Order (Extending Donald S. Kaplan's Time to Respond) |
42 |
05-15-2007 |
Examiner's First Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support |
43 |
05-29-2007 |
Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Answer Plaintiff's Complaint |
44 |
06-01-2007 |
Motion to Approve Second Stipulation Extending Donald S. Kaplan's Time to Respond |
45 |
06-07-2007 |
Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint |
46 |
06-07-2007 |
Order (Extending Donald S. Kaplan's Time to Respond) |
47 |
06-14-2007 |
Response of Donald S. Kaplan to Motion for Show Cause Hearing and Brief in Support |
48 |
06-14-2007 |
Motion of Donald S. Kaplan to Dismiss Motion for Show Cause Hearing and Brief in Support |
49 |
06-25-2007 |
Unopposed Motion to Increase Bank Financing Facility and Request for Expedited Consideration |
50 |
06-25-2007 |
Order Authorizing Receiver to Increase Bank Financing |
51 |
06-27-2007 |
Response to Donald S. Kaplan's Motion to Dismiss and Combined Reply Brief Supporting the Receiver's Motion for Show Cause Hearing and Expedited Consideration |
52 |
07-06-2007 |
Unopposed Motion to Enter Agreed Interlocutory Judgment of Permanent Injunction |
53 |
07-11-2007 |
Reply Re Motion of Donald S. Kaplan to Dismiss Motion for Show Cause Hearing and Request for Expedited Hearing |
54 |
07-12-2007 |
Agreed Motion to Approve Compromise and Settlement Agreement and Request for Expedited Consideration - Exhibit A |
55 |
07-13-2007 |
Agreed Interlocutory Judgment of Permanent Injunction |
56 |
07-20-2007 |
Defendant Keith LaMonda's Original Answer |
57 |
07-20-2007 |
Defendant Jesse W. LaMonda Jr.'s Original Answer |
58 |
08-08-2007 |
Second Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Breif in Support |
59 |
08-08-2007 |
Unopposed Motion to Sell 2003 Lincoln Aviator |
60 |
08-08-2007 |
Unopposed Motion to Sell 2006 Mercedes Benz CLS 500 |
61 |
08-09-2007 |
Order Approving Sale of 2003 Lincoln Aviator |
62 |
08-09-2007 |
Order Approving Sale of 2006 Mercedens Benz CLS 500 |
63 |
08-10-2007 |
Order (Granting the Receiver's Motion for Show Cause Hearing and Denying Kaplan's Motion to Dismiss) |
64 |
08-15-2007 |
Unopposed Motion to Sell 2006 Cadillac SRX |
65 |
08-16-2007 |
Unopposed Motion to Sell Real Property at Private Sale (3923 Muscadine Trail in Gainesville, Georgia) |
66 |
08-16-2007 |
Order Approving Sale of 2006 Cadillac SRX |
67 |
08-16-2007 |
Order Approving Sale of Real Property (3923 Muscadine Trail in Gainesville, Georgia) |
68 |
08-22-2007 |
Unopposed Motion to Sell 2006 Jeep Grand Cherokee Laredo |
69 |
08-24-2007 |
Order Approving Receiver's Second Interim Fee Application |
70 |
08-29-2007 |
Order Approving Sale of 2006 Jeep Grand Cherokee Laredo |
71 |
08-29-2007 |
Order Requiring Attorney Conference |
72 |
09-05-2007 |
Second Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support |
73 |
09-17-2007 |
Unopposed Motion to Sell 2005 Chrysler Town & Country |
74 |
09-18-2007 |
Order Approving Sale of 2005 Chrysler Town & Country |
75 |
10-12-2007 |
Motion to Retain Appraisers (1730 Parkwood in Moberly, Missouri) |
76 |
10-12-2007 |
Unopposed Motion to Sell 2004 Panther Airboat and Aluminum Trailer |
77 |
10-12-2007 |
Motion to Sell 2006 Jeep Grand Cherokee Overland |
78 |
10-12-2007 |
Order Approving Sale of 2004 Panter Airboat |
79 |
10-12-2007 |
Order Approving Sale of 2006 Jeep Grand Cherokee Overland |
80 |
10-12-2007 |
Order (Granting Motion to Retain Appraisers for 1730 Parkwood in Moberly, Missouri) |
81 |
10-22-2007 |
Scheduling Order (re: Donald S. Kaplan) |
82 |
11-21-2007 |
Motion to Sell 2003 Mercedes Benz S55
|
83 |
11-26-2007 |
Order Approving Sale of 2003 Mercedes Benz S55 |
84 |
12-10-2007 |
Motion to Sell 2004 Jeep Liberty |
85 |
12-14-2007 |
Order Approving Sale of 2004 Jeep Liberty |
86 |
12-14-2007 |
Motion for Agreed Order Permitting a Supplemental Expert Report |
87 |
12-19-2007 |
Agreed Order (re: Supplemental Expert Report) |
88 |
01-18-2008 |
Motion to Approve Agreed Order (re: ABC Investors' Personal and Financial Information) |
89 |
01-24-2008 |
Agreed Order (re: ABC Investors' Personal and Financial Information) |
90 |
01-24-2008 |
Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (1730 Parkwood in Moberly, Missouri) (Exhibit A) |
91 |
01-24-2008 |
Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (3923 Muscadine Trail in Gainesville, Georgia) (Exhibit A) |
92 |
01-25-2008 |
Order Approving Sale of 1730 Parkwood in Moberly, Missouri |
93 |
01-25-2008 |
Order Approving Sale of 3923 Muscadine Trail in Gainesville, Georgia |
94 |
02-01-2008 |
Unopposed Motion to Solicit Bids for Purchase of Policies and to Set Sale Procedures (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4
- Exhibit 5 - Exhibit 6).
|
95 |
02-04-2008 |
Order (Granting Motion to Solicit Bids) |
96 |
02-06-2008 |
Second Unopposed Motion to Increase Bank Financing |
97 |
02-06-2008 |
Order Authorizing Receiver to Increase Bank Financing |
98 |
02-07-2008 |
Motion for Agreed Order Extending Discovery Deadlines |
99 |
02-08-2008 |
Agreed Amended Scheduling Order |
100 |
02-27-2008 |
Third Unopposed Motion to Increase Bank Financing |
101 |
02-29-2008 |
Order Authorizing Receiver to Increase Bank Financing |
102 |
03-12-2008 |
Second Motion for Agreed Order Extending Discovery Deadlines |
103 |
03-14-2008 |
Second Agreed Amended Scheduling Order |
104 |
03-14-2008 |
Third Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support |
105 |
03-25-2008 |
Motion for Agreed Order for Protection of Private Financial Records |
106 |
03-31-2008 |
Order Approving Examiner's First Interim Fee Application |
107 |
03-31-2008 |
Order Approving Examiner's Second Interim Fee Application |
108 |
03-31-2008 |
Order Approving Receiver's First Interim Fee Application |
109 |
03-31-2008 |
Agreed Order for Protection of Private Financial Records and Information Provided by Donald S. Kaplan to Receiver Michael Quilling Pursuant to Settlement Negotiations |
110 |
04-04-2008 |
Erwin & Johnson's Response to Receiver's Third Interim Fee Application |
111 |
04-08-2008 |
Third Motion for Agreed Order Extending Discovery Deadlines |
112 |
04-10-2008 |
Third Agreed Amended Scheduling Order |
113 |
04-10-2008 |
Motion to Strike Erwin & Johnson's Response to Receiver's Third Interim Fee Application |
114 |
05-01-2008 |
First Motion to Allow "A" Claims (Exhibit 1) |
115 |
05-13-2008 |
Notice of Withdrawal (re: Motion to Strike Erwin & Johnson's Response) |
116 |
05-13-2008 |
Erwin & Johnson's Agreed Motion to Withdraw their Response to the Receiver's Third Interim Fee Application |
117 |
05-19-2008 |
Order (Withdrawing Erwin & Johnson's Response to the Receiver's Third Interim Fee Application) |
118 |
05-29-2008 |
Fourth Motion for Agreed Order Extending Discovery Deadlines |
119 |
06-03-2008 |
Fourth Agreed Amended Scheduling Order |
120 |
06-03-2008 |
Order Approving Receiver's First Motion to Allow "A" Claims |
121 |
06-04-2008 |
Second Motion to Allow "A" Claims (Exhibit 1) |
122 |
06-09-2008 |
Order Approving Receiver's Second Motion to Allow "A" Claims |
123 |
06-27-2008 |
Fourth Unopposed Motion to Increase Bank Financing |
124 |
06-30-2008 |
Order Authorizing Receiver to Increase Bank Financing |
125 |
06-30-2008 |
Motion to Sell All Insurance Policies and Approve Purchase and Sale Agreement and Request for Evidentiary Hearing (Exhibit 1 - Exhibit 2) |
126 |
07-01-2008 |
Third Motion to Allow "A" Claims (Exhibit 1) |
127 |
07-03-2008 |
Order Approving Receiver's Third Motion to Allow "A" Claims |
128 |
07-09-2008 |
Order of Reference (Referring Sale of ABC Policies to the U.S. Magistrate Judge Ramirez) |
129 |
07-09-2008 |
Standing Order for ECF Related Matters Referred to U.S. Magistrate Judge |
130 |
07-30-2008 |
Order (Setting Evidentiary Hearing on Receiver's Motion to Sell Insurance Policies) |
131 |
08-04-2008 |
Fourth Motion to Allow "A" Claims (Exhibit 1) |
132 |
08-08-2008 |
Certificate of Service (re: Receiver's Motion to Sell Insurance Policies) (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6) |
133 |
08-27-2008 |
Fifth Motion for Agreed Order Extending Discovery Deadlines |
134 |
08-28-2008 |
Fifth Agreed Amended Scheduling Order |
135 |
09-02-2008 |
Fifth Motion to Allow "A" Claims (Exhibit 1) |
136 |
09-09-2008 |
Third Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support |
137 |
09-09-2008 |
Fourth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support |
138 |
09-12-2008 |
Order (re: Receiver's Fourth Motion to Allow "A" Claims) |
139 |
09-15-2008 |
Examiner's Report Regarding Motion to Sell Policies |
140 |
09-16-2008 |
SEC's Response to the Receiver's Motion to Sell Insurance Policies |
141 |
09-17-2008 |
Angelo Diaz Gonzalez and Agency's Motion for Continuance of Hearing on Receiver's Motion to Sell All Insurance Policies |
142 |
09-17-2008 |
Angelo Diaz Gonzalez and Agency's Objection to Receiver's Motion to Sell All Insurance Policies |
143 |
09-19-2008 |
Order (denying Angelo Diaz Gonzalez and Agency's Motion for Continuance) |
144 |
10-03-2008 |
Order (re: Receiver's Fifth Motion to Allow "A" Claims) |
145 |
10-06-2008 |
Sixth Motion to Allow "A" Claims (Exhibit 1) |
146 |
10-06-2008 |
Order Granting Receiver's Motion to Sell Insurance Policies (Exhibit 1) |
147 |
10-13-2008 |
Angelo Diaz Gonzalez's Motion for Reconsideration (re: Order Granting Receiver's Motion to Sell Insurance Policies) |
148 |
10-14-2008 |
Order Approving Examiner's Third Fee Application |
149 |
10-14-2008 |
Order Approving Examiner's Fourth Fee Application |
150 |
10-17-2008 |
Sixth Motion for Agreed Order Extending Discovery Deadlines |
151 |
10-17-2008 |
Sixth Agreed Amended Scheduling Order |
152 |
10-21-2008 |
Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing and (2) for Expedited Treatment of Motion for Reconsideration |
153 |
10-23-2008 |
Receiver's Response to Gonzalez's Emergency Motion |
154 |
10-23-2008 |
Examiner's Response to Gonzalez's Emergency Motion |
155 |
10-23-2008 |
Gonzalez's Reply to the Receiver's Response |
156 |
10-23-2008 |
Gonzalez's Reply to the Examiner's Response |
157 |
10-29-2008 |
Order Denying Gonzalez's Emergency Motion for Reconsideration and Emergency Motion for Stay |
158 |
11-05-2008 |
Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing, (2) Stay of this Court's Order Agency's Motion for Reconsideration and Stay, and (3) for Reconsideration of this Court's Order Denying Stay/Reconsideration |
159 |
11-05-2008 |
Amended Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing, (2) Stay of this Court's Order Agency's Motion for Reconsideration and Stay, and (3) for Reconsideration of this Court's Order Denying Stay/Reconsideration
(Exhibit A - Exhibit B - Exhibit C - Exhibit D) |
160 |
11-06-2008 |
Order (re: Receiver's Sixth Motion to Allow "A" Claims) |
161 |
11-06-2008 |
Order Granting in Part and Denying in Part Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing, (2) Stay of this Court's Order Agency's Motion for Reconsideration and Stay, and (3) for Reconsideration of this Court's Order Denying Stay/Reconsideration |
162 |
11-10-2008 |
Emergency Motion of Settlement Group Inc. (1) for Reconsideration of Order Granting in Part and Denying in Part Emergency Motion of Angelo Diaz Gonzalez and Agency and (2) Approving the Sale Closing for $33.5 Million |
163 |
11-11-2008 |
Agreed Order Terminating Stay |
164 |
11-11-2008 |
Order (re: Emergency Motion of Settlement Group Inc.) |
165 |
11-26-2008 |
Examiner's Fifth
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support |
166 |
12-01-2008 |
Receiver's Eighth Motion to Allow "A" Claims (Exhibit 1) |
167 |
12-03-2008 |
Order (re: Receiver's Seventh Motion to Allow "A" Claims) |
168 |
12-03-2008 |
Seventh Motion for Agreed Order Extending Discovery Deadlines |
169 |
12-08-2008 |
Seventh Agreed Amended Scheduling Order |
170 |
01-05-2009 |
Order (re: Receiver's Eighth Motion to Allow "A" Claims) |
171 |
01-07-2009 |
Order Approving Examiner's Fifth Fee Application |
172 |
01-07-2009 |
Order Approving Receiver's Third Fee Application |
173 |
01-08-2009 |
Fourth Interim Application to Allow and Pay (1) Receiver's Fees and Expenses
and (2) Attorneys' Fees and Expenses and Brief in Support |
174 |
01-09-2009 |
First Interim Application to Allow and Pay Translators' Fees and Expenses and Brief in Support |
175 |
01-12-2009 |
First Interim Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support |
176 |
01-30-2009 |
Motion for Agreed Order Approving Settlement Agreement with Donald Kaplan (Exhibit 1) |
177 |
02-02-2009 |
Agreed Order Approving Settlement Agreement with Donald Kaplan |
178 |
02-17-2009 |
Order Approving Receiver's First Fee Application for Special Counsel |
179 |
02-17-2009 |
Order Approving Receiver's First Fee Application for Translators |
180 |
02-17-2009 |
Order Approving Receiver's Fourth Interim Fee Application |
181 |
04-16-2009 |
Motion for Show Cause Hearing Regarding Commissions Paid to Jason Sun (Exhibit A - Exhibit B - Exhibit C) |
182 |
05-07-2009 |
Order (setting Jason Sun's response date) |
183 |
05-11-2009 |
Unopposed Motion to Extend Jason Sun's Response Deadline |
184 |
05-12-2009 |
Order Extending Jason Sun's Response Deadline |
185 |
06-15-2009 |
Motion for Second Agreed Order Extending Jason Sun's Response Deadline |
186 |
06-16-2009 |
Second Agreed Order Extending Jason Sun's Response Deadline |
187 |
08-13-2009 |
Motion for Third Agreed Order Extending Jason Sun's Response Deadline |
188 |
08-17-2009 |
Third Agreed Order Extending Jason Sun's Response Deadline |
189 |
08-31-2009 |
Unopposed Motion to Dismiss Monetary Claims Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. |
190 |
09-03-2009 |
Final Judgment Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. |
191 |
09-21-2009 |
Sixth
Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support |
192 |
10-02-2009 |
Order Approving Examiner's Sixth Fee Application |
193 |
10-13-2009 |
Fourth Agreed Order Extending Jason Sun's Response Deadline |
194 |
12-01-2009 |
Fifth Agreed Order Extending Jason Sun's Response Deadline |
195 |
01-12-2010 |
Sixth Agreed Order Extending Jason Sun's Response Deadline |
196 |
02-08-2010 |
Motion to Disallow/Adjust "A" Claims (Exhibit 1) |
197 |
02-08-2010 |
Ninth Motion to Allow "A" Claims (Exhibit 1) |
198 |
02-08-2010 |
LaMonda's Dual Motion to Appear Pro Se and Reconfirm the Compromise and Settlement |
199 |
02-08-2010 |
Order Approving Ninth Motion to Allow "A" Claims |
200 |
02-26-2010 |
Receiver's Response to LaMonda's Motion to Appear Pro Se |
201 |
03-08-2010 |
Examiner's Seventh Interim Fee Application |
202 |
03-08-2010 |
Seventh Agreed Order Extending Jason Sun's Response Deadline |
203 |
03-10-2010 |
Motion
to Vacate in Part Orders Allowing "A" Claims and to Allow Corrected "A"
Claims (Exhibit
A) |
204 |
03-15-2010 |
LaMonda's Notice of Termination of Counsel |
205 |
03-18-2010 |
Lamonda's Reply Brief (re: Motion to Appear Pro Se) |
206 |
03-26-2010 |
Order (dismissing Show Cause Motion against Jason Sun) |
207 |
03-29-2010 |
LaMonda's Motion Requiring Receiver to Provide an Accounting |
208 |
04-21-2010 |
Receiver's Response to LaMonda's Motion for Accounting |
209 |
05-10-2010 |
Order Approving Examiner's Seventh Interim Fee Application |
210 |
05-17-2010 |
LaMonda's Reply Supporting his Motion for Accounting |
211 |
05-27-2010 |
Order Approving Receiver's Motion to Disallow/Adjust "A" Claims |
212 |
05-27-2010 |
Order Approving Receiver's Motion to Vacate in Part and to Allow Corrected "A" Claims |
213 |
05-27-2010 |
Tenth Motion to Allow "A" Claims (Exhibit 1) |
214 |
05-28-2010 |
Order Granting Tenth Motion to Allow "A" Claims |
215 |
06-01-2010 |
Motion to Adjust "A" Claims (Exhibit 1) |
216 |
06-02-2010 |
Order Granting Motion to Adjust "A" Claims |
217 |
08-12-2010 |
Joint Status Report |
218 |
09-16-2010 |
Eigth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses,
and (2) Attorney's Fees and Expenses and Brief in Support |
219 |
09-17-2010 |
Order Approving Examiner's Eighth Interim Fee Application |
220 |
09-18-2010 |
Order Denying LaMonda's Motion to Appear Pro Se and for the Receiver to Provide an Accounting |
221 |
09-18-2010 |
LaMonda's Notice of Appeal (re: Motion to Appear Pro Se and Motion for the Receiver to Provide an Accounting) |
222 |
12-10-2010 |
Eleventh Motion to Allow "A" Claims (Exhibit 1) |
223 |
01-04-2011 |
Order Approving Eleventh Motion to Allow "A" Claims |
224 |
01-12-2011 |
Receiver's Status Report and Proposed Interim Distribution |
225 |
01-13-2011 |
Second Interim Application to Allow and Pay Fees and Expenses of Special Counsel |
226 |
02-07-2011 |
Order Approving Second Interim Application to Allow and Pay Fees and Expenses of Special Counsel |
227 |
03-22-2011 |
Order Approving Receiver's Status Report and Proposed Interim Distribution |
228 |
03-25-2011 |
First Interim Application to Allow and Pay Fees and Expenses of Accountants and Brief in Support |
229 |
04-19-2011 |
Order Approving Receiver's First Interim Application to Allow and Pay Fees and Expenses of Accountants |
230 |
04-21-2011 |
First Interim Application to Allow and Pay Fees and Expenses of Italian Counsel and Brief in Support |
231 |
04-21-2011 |
Second Interim Application to Allow and Pay Fees and Expenses of Translators and Brief in Support |
232 |
05-16-2011 |
Order Approving Receiver's First Interim Application to Allow and Pay Fees and Expenses of Italian Counsel |
233 |
05-16-2011 |
Order Approving Receiver's Second Interim Application to Allow and Pay Fees and Expenses of Translators |
234 |
07-07-2011 |
Receiver's Unopposed Motion for Order Approving Settlement of UK Litigation (Exhibit A) |
235 |
07-08-2011 |
Order Approving Settlement of UK Litigation |
236 |
07-25-2011 |
Receiver's Unopposed Motion for Order Approving Settlement of Erwin & Johnson Litigation (Exhibit A) |
237 |
07-26-2011 |
Order Approving Settlement of Erwin & Johnson Litigation |
238 |
11-28-2011 |
Joint Status Report |
239 |
11-29-2011 |
Agreed Final Judgment |
240 |
12-02-2011 |
Ninth Interim Application to Allow and Pay Examiner's Fees and Expenses |
241 |
12-05-2011 |
Order Approving Examiner's Ninth Interim Application to Allow and Pay Fees and Expenses |
242 |
01-27-2012 |
Final Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support |
243 |
02-07-2012 |
Final Application to Allow and Pay Fees and Expenses of UK Counsel and Brief in Support |
244 |
02-21-2012 |
Order Approving Final Application to Allow and Pay Fees and Expenses of Special Counsel |
245 |
03-01-2012 |
Order Approving Final Application to Allow and Pay Fees and Expenses of UK Counsel |
246 |
04-16-2012 |
Application to Allow and Pay Fees and Expenses of Florida Counsel and Brief in Support |
247 |
05-15-2012 |
Order Approving Application to Allow and Pay Fees and Expenses of Florida Counsel |
248 |
02-22-2013 |
Findings, Conclusions, and Recommendation (re: LaMonda's claims against the receivership estate) |
249 |
03-11-2013 |
LaMonda's Objections to the Findings, Conclusions, and Recommendation |
250 |
03-25-2013 |
LaMonda's Motion to Remand for Further Proceedings Before the U.S. Magistrate Judge |
251 |
03-28-2013 |
Order (re: LaMonda's claim against the receivership estate) |
252 |
04-15-2013 |
Receiver's Response to LaMonda's Motion to Remand |
253 |
04-29-2013 |
Notice of Appeal (re: LaMonda's claim against the receivership estate) |
254 |
07-22-2013 |
Order of the Court on Recommendation Regarding Request to Proceed In Forma Pauperis on Appeal |
255 |
10-03-2013 |
Appellee Michael J. Quilling's Response to Motion for Leave to Proceed In Forma Pauperis on Appeal |
256 |
04-25-2014 |
Order Dismissing LaMonda's Notice of Appeal |
257 |
09-17-2014 |
Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4) |
258 |
09-17-2014 |
Final Application to Allow and Pay Receiver's Fees and Expenses and Brief in Support |
259 |
09-17-2014 |
Final Application to Allow and Pay Accountants' Fees and Expenses and Brief in Support |
260 |
09-17-2014 |
Final Application to Allow and Pay Translators' Fees and Expenses and Brief in Support |
261 |
09-17-2014 |
Final Application to Allow and Pay Examiner's Fees and Expenses and Brief in Support |
262 |
06-19-2015 |
Order Approving Receiver's Twelfth Motion to Allow "A" Claims |
263 |
06-22-2015 |
Order Approving Receiver's Final Fee Application |
264 |
06-22-2015 |
Order Approving Receiver's Final Fee Application for Accountants |
265 |
06-22-2015 |
Order Approving Receiver's Final Fee Application for Translators |
266 |
06-22-2015 |
Order Approving Examiner's Final Fee Application |
267 |
06-25-2015 |
Order Approving Receiver's Final Report and Proposed Final Distribution Plan |
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