Megafund Corp. and Sardaukar Holdings, IBC
RECEIVERSHIP WEB SITE
Lawsuits
Civil Action No. 3:06-CV-0959
Michael J. Quilling, Receiver for Megafund Corporation and Lancorp Financial Group, LLC v. Gary McDuff, Individually and d/b/a Southern Trust Company and First Global Foundation, Robert Reese, Individually and d/b/a Excel Financial, Inc., and Shannon McDuff, Individually and d/b/a Secured Clearing Corp., Defendants

General Information/ Current Status:

This is a lawsuit to recover fraudulent transfers totaling at least $304,272.58 from a business associate of Stan Leitner and Gary Lancaster. On May 30, 2006 the Receiver filed a Complaint. On July 28, 2006 Defendant Robert Reese filed his Answer.

On August 18, 2006 Defendant Gary McDuff filed his Challenge of Jurisdiction. That same day, the Court issued an Order construing Defendant's challenge as a Motion to Dismiss. Accordingly, the Receiver filed his Response to Defendant Gary McDuff's Motion to Dismiss on September 12, 2006. On October 23, 2006 the Court issued its Order denying the Defendant's Motion to Dismiss.

On October 20, 2006 the Receiver filed his Motion for Summary Judgment. On November 21, 2006 the Defendant filed his Written Response to Petitioner's Motion for Partial Summary Judgment. The Receiver filed his Reply Brief on December 5, 2006. On January 23, 2007 the Court issued an Order granting the Receiver's motion and awarding Judgment to the Receiver.

On November 13, 2006 the Receiver filed his Motion for Entry of Final Default Judgment Against Shannon McDuff. The Court issued its Order of Final Default Judgment against Shannon McDuff on November 15, 2006.

On February 1, 2007 the Defendant filed his Notice of Appeal and Application for Stay of Judgment. That same day the Court issued an Order denying the Defendant's application for stay.

On February 7, 2007 the Receiver filed his Motion to Approve Agreed Judgment Against Robert Reese, Individually and d/b/a Excel Financial, Inc.. On February 28, 2007 the Court entered that Agreed Judgment as requested.

On April 6, 2007 the Receiver filed his Motion for Turnover Order Enforcing Constructive Trust and Brief in Support. On April 9, 2007 the Court entered its Show Cause Order. On May 2, 2007 the Reciever filed his Supplemental Brief in Support of his Motion for Turnover Order. On May 4, 2007 the Court entered its Findings and Recommendation to grant the Receiver's motion. On May 24, 2007 the Court entered its Order granting the Receiver's motion.

On April 16, 2007 the Defendant filed a pleading with the Court styled a Notice of Sanction. On April 26, 2007 the Defendant filed a pleading with the Court styled a Notice of Notice of Sanction. On May 24, 2007 the Court entered its Order closing the case.


Docket Sheet:
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Important Documents:
LAST UPDATE:
May 28, 2007

Important documents, including relevant pleadings and orders.
These documents can only be read with Adobe Acrobat Reader, which may be downloaded for free. 

Item # Date
Filed/ Sent or Signed		 Document
1 05-30-06 Complaint
2 06-01-06 Standing Order of Reference
3 06-01-06 Standing Order Designating Case for Electronic Filing
4 06-15-06 Standing Order for Electronic Filings Related to Matters Referred to the U.S. Magistrate Judge
5 06-26-06 Amended and Updated Commercial Affidavit of Facts
6 06-29-06 Order (re: Filing Answer Under the Federal Rules of Civil Procedure)
7 07-28-06 Defendant Robert Reese, Individually and d/b/a Excel Financial, Inc.'s Original Answer
8 08-01-06 Order (Setting Status Conference)
9 08-01-06 Standing Order on Non-Dispositive Motions
10 08-18-06 Initial Scheduling Order
11 08-18-06 Respondent's Challenge of Jurisdiction
12 08-18-06 Order (Construing Challenge of Jurisdiction as a Motion to Dismiss)
13 09-12-06 Plaintiff's Response to Defendant Gary McDuff's Motion to Dismiss
14 10-02-06 Findings and Recommendation of the U.S. Magistrate Judge (re: Motion to Dismiss)
15 10-20-06 Motion for Summary Judgment - Brief in Support
15 10-23-06 Order (Setting Briefing Schedule re: Plaintiff's Motion for Partial Summary Judgment)
16 10-23-06 Order (denying Motion to Dismiss)
17 11-13-06 Motion for Entry of Final Default Judgment Against Shannon McDuff and Brief in Support
18 11-15-06 Order of Final Default Judgment (re: Shannon McDuff)
19 11-21-06 Respondant's Written Response to Petitioner's Motion for Partial Summary Judgment - Part 1 - Part 2
20 11-29-06 Abstract of Judgment
21 12-05-06 Plaintiff's Reply Brief in Support of His Motion for Partial Summary Judgment
22 12-15-06 Findings and Recommendation of the U.S. Magistrate Judge (re: Gary McDuff)
23 01-23-07 Order (approving the Findings and Recommendation of the U.S. Magistrate Judge)
24 01-23-07 Judgment (re: Gary McDuff)
25 02-01-07 Notice of Appeal
26 02-01-07 Application and Notice for Stay of Judgment Order Pending Appeal
27 02-01-07 Order (denying Defendant's application for stay)
28 02-06-07 Plaintiff's Application for Attorneys' Fees and Costs
29 02-07-07 Order (denying Attorneys' Fees without Prejudice)
30 02-07-07 Motion to Approve Agreed Judgment Against Robert Reese, Individually and d/b/a Excel Financial, Inc.
31 02-28-07 Agreed Judgment Against Robert Reese, Individually and d/b/a Excel Financial, Inc.
32 04-06-07 Motion for Turnover Order Enforcing Constructive Trust and Brief in Support
33 04-09-07 Show Cause Order
34 04-16-07 Defendant's Notice of Sanction
35 04-26-07 Defendant's Notice of Notice of Sanction
36 05-02-07 Supplemental Brief in Support of Plaintiff's Motion for Turnover Order
37 05-04-07 U.S. Magistrate Judge's Findings and Recommendations (re: Motion for Turnover Order)
38 05-15-07 Order (dismissing Appellate Proceedings)
39 05-24-07 Order (granting the Receiver's Motion for Turnover Order)
40 05-24-07 Order (closing case)