Case Details

CourtNorthern District of Georgia
Docket number1:12-cv-03261
Date case filed2012-09-18
Date case closed
Date of latest filing
Assigned toJudge William S. Duffey, Jr
Case cause15:77 Securities Fraud
Nature of suit850 Securities/Commodities
Jury demandNone
Demand
JurisdictionU.S. Government Plaintiff

Case Parties

Party: Securities and Exchange Commission
Party type: Plaintiff
Attorney name: Madison Graham Loomis
Attorney Contact:
Securities & Exchange Commission-GA
950 East Paces Ferry Rd., N.E.
Suite 900
Atlanta, GA 30326-1382
404-842-7600
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert K. Gordon
Attorney Contact:
Securities and Exchange Commission
Suite 900
950 East Paces Ferry Road, N.E.
Atlanta, GA 30326
404-842-7652
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua A. Mayes
Attorney Contact:
U.S. Securities and Exchange Commission
Atlanta Regional Office
950 East Paces Ferry Rd., N.W.
Suite 900
Atlanta, GA 30326
404-842-5747
Fax: 404-842-7666
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: JPMorgan Chase Bank, NA
Party type: Movant
Attorney name: Joseph Duane Wargo
Attorney Contact:
Wargo & French LLP
999 Peachtree Street, NE
26th Floor
Atlanta, GA 30309
404-853-1500
Fax: 404-853-1501
Email: [email protected]
LEAD ATTORNEY

Attorney name: Windy Angela Hillman
Attorney Contact:
Wargo & French LLP
999 Peachtree Street, NE
26th Floor
Atlanta, GA 30309
404-853-1550
Fax: 404-853-1501
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Angelo A. Alleca
Party type: Defendant
Attorney name: Byung J. Pak
Attorney Contact:
Chalmers Pak & Burch LLC
5805 State Bridge Road
Suite G77
Johns Creek, GA 30097
678-637-2654
Fax: 866-598-6646
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ethan H. Cohen
Attorney Contact:
Ballard Spahr LLP-Atl
Suite 1000
999 Peachtree Street
Atlanta, GA 30309
678-420-9300
Fax: 678-420-9301
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Summit Wealth Management, Inc.
Party type: Defendant
Attorney name: Alan R. Perry , Jr.
Attorney Contact:
Page Perry LLC
Suite 1050
1040 Crown Pointe Parkway
Atlanta, GA 30338
770-673-0047
Fax: 770-673-0120
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Summit Investment Fund, LP
Party type: Defendant
Party: Asset Class Diversification Fund, LP
Party type: Defendant
Party: Private Credit Opportunities Fund, LLC
Party type: Defendant
Party: The Meyers Group, Inc.
Party type: Movant
Attorney name: A. Todd Merolla
Attorney Contact:
Merolla & Gold, LLP -Atl
Suite 2130
75 14th Street
Atlanta, GA 30309
404-888-3772
Fax: 404-888-3737
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Robert D. Terry, Esq.
Party type: Receiver
Attorney name: Alan R. Perry , Jr.
Attorney Contact:
Page Perry
Suite 1810
1175 Peachtree Street , NE
Atlanta, GA 30361
404-567-4400
Fax: 770-673-0120
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John Steven Parker
Attorney Contact:
Parker MacIntyre
Suite 200
2987 Clairmont Road
Atlanta, GA 30329
404-490-4060
Fax: 404-490-4058
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Pratt H. Davis
Attorney Contact:
Davis Litigation & Arbitration, LLC
Suite 9
3535 Roswell Road, N.E.
Mariatta, GA 30062
888-815-1902
Fax: 404-835-5132
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Robert Daniel Terry
Attorney Contact:
Parker MacIntyre
Suite 200
2987 Clairmont Road
Atlanta, GA 30329
404-490-4060
Fax: 404-490-4058
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Carrie Mistina
Party type: Intervenor
Attorney name: Earl Neville Mayfield , III
Attorney Contact:
The Lewis Firm
901 New York Avenue, NW
Washington, DC 20001
202-630-6006
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Stacey Allen Carroll
Attorney Contact:
Carroll Law Firm, LLC
Suite 310
9040 Roswell Road
Atlanta, GA 30350
404-816-4555
Fax: 404-481-2074
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-09-18 COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF filed by Securities and Exchange Commission. (Attachments: # 1 Civil Cover Sheet)(kt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/19/2012)
22012-09-18 EMERGENCY MOTION for Temporary Restraining Order with Brief In Support by Securities and Exchange Commission. (Attachments: # 1 Brief, # 2 Declaration of John G. Westrick, # 3 Text of Proposed Order)(kt) (Entered: 09/19/2012)
32012-09-18 Certificate of Interested Persons by Securities and Exchange Commission. (kt) (Entered: 09/19/2012)
42012-09-18 Summons Issued as to Angelo A. Alleca, Private Credit Opportunities Fund, LLC, Securities and Exchange Commission, Summit Investment Fund, LP, Summit Wealth Management, Inc.. (Attachments: # 1 Private Credit Opportunitiess Fund, LLC, # 2 Summit Investment Fund LP, # 3 Summit Wealth Management, Inc., # 4 Angelo A. Alleca, # 5 Angelo A. Alleca c/o BJay Pack, Esq.)(kt) (Entered: 09/19/2012)
52012-09-19 Minute Entry for Motion Hearing held on 9/19/2012 re 2 MOTION for Temporary Restraining Order filed by Securities and Exchange Commission before Judge William S. Duffey, Jr: 2 Motion for TRO is TERMINATED. In open Court, the Parties entered into a consent permanent injunction approved and signed by the Court. (Court Reporter Nick Marrone)(kt) (Entered: 09/19/2012)
62012-09-19 NOTICE of CONSENT OF DEFENDANT TO ORDER OF PERMANENT INJUNCTION AND OTHER RELIEF, by Angelo A. Alleca, Asset Class Diversification Fund, LP, Private Credit Opportunities Fund, LLC, Summit Investment Fund, LP, Summit Wealth Management, Inc. (kt) (Entered: 09/19/2012)
72012-09-19 ORDER OF PERMANENT INJUNCTION AND OTHER RELIEF. (See order for specific details.). Signed by Judge William S. Duffey, Jr on 9/19/2012. (kt) (Entered: 09/19/2012)
82012-09-21 Consent MOTION to Appoint Receiver On An Expedited Basis and Memorandum of Law In Support by Securities and Exchange Commission. (Attachments: # 1 Consent of Defendants to Order Appointing Receiver, # 2 Proposed Order Appointing Receiver)(Gordon, Robert) (Entered: 09/21/2012)
92012-09-21 ORDER granting Plaintiff SEC's 8 Consent Motion for an Order Appointing a Receiver on an Expedited Basis. Robert D. Terry, Esq. is appointed as Receiver, without bond, for the estate of Defendants Summit Wealth Management, Inc., Summit Investment Fund LP, Asset Class Diversification Fund, LP and Private Credit Opportunities Fund, LLC ("the Receivership Entities") unless and until the Court orders otherwise. (See Order for specifics) Signed by Judge William S. Duffey, Jr. on 09/21/2012. (dfb) (Entered: 09/21/2012)
102012-09-27 NOTICE of Appearance by John Steven Parker on behalf of Robert D. Terry, Esq (Parker, John) (Entered: 09/27/2012)
112012-09-27 NOTICE to Take Deposition of Martin Lysaght filed by Robert D. Terry, Esq (Parker, John) (Entered: 09/27/2012)
122012-09-28 NOTICE of Appearance by Pratt H. Davis on behalf of Robert D. Terry, Esq (Davis, Pratt) (Entered: 09/28/2012)
132012-10-02 NOTICE Of Filing Certified Statement Pursuant to Section IX(d)(ii) of Order Appointing Receiver by Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with Bank of North Georgia re 9 Order on Motion to Appoint Receiver,, (Starcher, Byron) (Entered: 10/02/2012)
142012-10-02 NOTICE by Securities and Exchange Commission Service of Service of Third Party Subpoenas (Attachments: # 1 Subpoena to Produce Documents: Mark D. Morrow, # 2 Subpoena to Produce Documents: Custodian of Records, Detroit Memorial Partners, LLC, # 3 Subpoena to Appear for Deposition: Mark D. Morrow)(Gordon, Robert) (Entered: 10/02/2012)
152012-10-04 RESPONSE re 9 Order on Motion to Appoint Receiver,, Statement of JPMorgan Chase, N.A. filed by JPMorgan Chase Bank, NA. (Hillman, Windy) (Entered: 10/04/2012)
162012-10-05 NOTICE by Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with Bank of North Georgia re 13 Notice of Filing, Supplementing Notice of Filing [Docket Entry No. 13] (Starcher, Byron) (Entered: 10/05/2012)
172012-10-08 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Charter One Bank (Parker, John) (Entered: 10/08/2012)
182012-10-08 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Synovus Bank (Parker, John) (Entered: 10/08/2012)
192012-10-08 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Union Bank (Parker, John) (Entered: 10/08/2012)
202012-10-08 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Wells Fargo (Parker, John) (Entered: 10/08/2012)
212012-10-22 NOTICE by Robert D. Terry, Esq Subpoena to Bank of America (Parker, John) (Entered: 10/22/2012)
222012-10-22 NOTICE by Robert D. Terry, Esq Subpoena to PNC Bank (Parker, John) (Entered: 10/22/2012)
232012-10-22 NOTICE by Robert D. Terry, Esq Subpoena to Chase Bank (Parker, John) (Entered: 10/22/2012)
242012-10-22 NOTICE by Securities and Exchange Commission Service of Subpoena for the Deposition of Mark D. Morrow on November 15, 2012 (Attachments: # 1 Thrid Party Subpoena)(Gordon, Robert) (Entered: 10/22/2012)
252012-10-22 STATUS REPORT Receiver's First Interim Report by Robert D. Terry (Terry, Robert) Modified on 10/10/2013 in order to correct filing party (anc). (Entered: 10/22/2012)
262012-11-20 MOTION Modified Order 9 Order on Motion to Appoint Receiver by Robert D. Terry (Attachments: # 1 Proposed Order)(Perry, Alan) Modified on 10/10/2013 in order to correct filing party (anc). (Entered: 11/20/2012)
272012-11-21 ORDER GRANTING 26 Modified Motion for Order to Appoint Receiver. IT IS FURTHER ORDERED that the Receiver is authorized to communicate with all such persons as the Receiver deems appropriate to inform them of the status of this matter, the provision of this Order and the financial conditions of the Receiver Estate. (See order for further details). Signed by Judge William S. Duffey, Jr on 11/21/2012. (kt) (Entered: 11/21/2012)
282012-11-30 NOTICE by Robert D. Terry, Esq Of Subpoena to Scottrade, Inc. (Terry, Robert) (Entered: 11/30/2012)
292012-12-06 Consent MOTION for Order of Sale by Securities and Exchange Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Gordon, Robert) (Entered: 12/06/2012)
302012-12-07 ORDER GRANTING 29 Motion for Order Authorizing the Sale of Property by Defendant Angelo A. Alleca. IT IS HEREBY ORDERED that nothing in the Order of Permanent Injunction shall operate as a prohibition on the sale by Defendant Alleca of 350 Cayuga Road pursuant to the sales contract. IT IS HEREBY FURTHER ORDERED that Defendant Alleca shall facilitate the prompt receipt by the Receiver of any and all proceeds owing to Defendant Alleca in connection with any sale of 350 Cayuga Road pursuant to the sales contract, in accordance with the Assignment of Sale Proceeds executed by Defendant Alleca and dated November 28, 2012. Signed by Judge William S. Duffey, Jr on 12/6/2012. (kt) (Entered: 12/07/2012)
312012-12-10 NOTICE by Robert D. Terry, Esq of Subpoena to Mutual Shareholders Services (Terry, Robert) (Entered: 12/10/2012)
322012-12-10 NOTICE by Robert D. Terry, Esq of Subpoena to RBS Citizens Bank (Terry, Robert) (Entered: 12/10/2012)
332012-12-26 NOTICE of Appearance by Joshua A. Mayes on behalf of Securities and Exchange Commission (Mayes, Joshua) (Entered: 12/26/2012)
342012-12-26 CERTIFICATE OF SERVICE of Third Party Subpoenas by Securities and Exchange Commission.(Mayes, Joshua) (Entered: 12/26/2012)
352012-12-31 CERTIFICATE OF SERVICE of Mark Morrow Deposition Subpoena by Securities and Exchange Commission.(Mayes, Joshua) (Entered: 12/31/2012)
362013-02-04 PROPOSED Consent Protective Order. (Mayes, Joshua) (Entered: 02/04/2013)
372013-02-05 CONSENT PROTECTIVE ORDER ENTERED Governing Disclosure of Confidential Business Records by Westminster Memorial Group, LLC. Signed by Judge William S. Duffey, Jr on 2/5/2013. (kt) (Entered: 02/06/2013)
382013-02-13 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Charter One Bank (Parker, John) (Entered: 02/13/2013)
392013-02-13 NOTICE by Robert D. Terry, Esq Notice of Subpoena on U.S. Bank (Parker, John) (Entered: 02/13/2013)
402013-02-15 NOTICE by Robert D. Terry, Esq Notice of Subpoena on PNC Bank (Parker, John) (Entered: 02/15/2013)
412013-02-21 NOTICE by Robert D. Terry, Esq Notice of Subpoena on US Bank (Parker, John) (Entered: 02/21/2013)
422013-03-04 NOTICE by Robert D. Terry, Esq Notice of subpoena on RBS Citizens Bank (Parker, John) (Entered: 03/04/2013)
432013-03-06 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Thermold Magazines, Inc. (Davis, Pratt) (Entered: 03/06/2013)
442013-03-06 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Vital Recovery Services, Inc. (Davis, Pratt) (Entered: 03/06/2013)
452013-03-06 NOTICE by Robert D. Terry, Esq Notice of Subpoena on RBS Citizens Bank (Davis, Pratt) (Entered: 03/06/2013)
462013-03-07 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Sterling Trust (Parker, John) (Entered: 03/07/2013)
472013-03-12 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Chase Bank (Parker, John) (Entered: 03/12/2013)
482013-03-19 MOTION Compensation and Reimbursement of Expenses and for Attorney Fees by Robert D. Terry, Esq. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D1, # 5 Exhibit D2, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Terry, Robert) Modified to add text on 3/20/2013 (bdb). (Entered: 03/19/2013)
492013-03-22 NOTICE by Robert D. Terry, Esq of Subpoena to Jon Courtney (Perry, Alan) (Entered: 03/22/2013)
502013-03-28 STATUS REPORT Receiver's Second Interim Report by Robert D. Terry, Esq. (Terry, Robert) (Entered: 03/28/2013)
512013-03-29 NOTICE of Appearance by A. Todd Merolla on behalf of The Meyers Group, Inc. (Merolla, A.) (Entered: 03/29/2013)
522013-03-29 OBJECTION re 48 MOTION for Compensation and Reimbursement of Expenses and Attorney Fees by The Meyers Group, Inc.. (Attachments: # 1 Exhibit A-H)(Merolla, A.) (Entered: 03/29/2013)
532013-04-01 NOTICE by Robert D. Terry, Esq Notice of Subpoena on U.S. Bank (Parker, John) (Entered: 04/01/2013)
542013-04-12 RESPONSE re 52 Objection Receiver's Response to Objection to the Receiver's 48 Application for Compensation filed by Robert D. Terry, Esq. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Terry, Robert) Modified to link back to Application on 4/15/2013 (bdb). (Entered: 04/12/2013)
552013-04-15 Minute Entry for proceedings held before Judge William S. Duffey, Jr.: Telephone Conference held on 4/15/2013. on the Receiver's 48 Application for Compensation and Reimbursement of Expenses. Counsel and the Receiver will follow-up with the Court in a couple of weeks. (Court Reporter Nick Marrone)(mdy) (Entered: 04/17/2013)
562013-04-17 NOTICE by Robert D. Terry, Esq Notice of Subpoena on U.S. Bank (Davis, Pratt) (Entered: 04/17/2013)
572013-04-30 Minute Entry for Telephone Conference held on 4/30/2013 before Judge William S. Duffey, Jr: Follow-up to the April 15th teleconference. Receiver's recommendation for potential options regarding claims against Detroit Memorial Partners shall be submitted to the Court by 5 pm on May 13th. (Court Reporter Nick Marrone)(kt) (Entered: 05/01/2013)
582013-05-07 TRANSCRIPT of Proceedings held on April 30, 2013, before Judge William S. Duffey, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2013. Redacted Transcript Deadline set for 6/7/2013. Release of Transcript Restriction set for 8/5/2013. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 05/07/2013)
592013-05-08 Consent MOTION for Disbursement of Funds by Angelo A. Alleca. (Attachments: # 1 Text of Proposed Consent Order)(Pak, Byung) Modified to accurately reflect entry on 5/8/2013 (bdb). (Entered: 05/08/2013)
602013-05-08 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Charter One Bank (Parker, John) (Entered: 05/08/2013)
612013-05-13 NOTICE Of Filing Receiver's Recommendation for Conducting Certain Litigation by Robert D. Terry, Esq (Parker, John) (Entered: 05/13/2013)
622013-05-13 ORDER GRANTING 59 Motion for Disbursement of Funds from the Registry of the Court. The Court hereby ORDERS Mr Alleca to pay $15,000.00 form his federal and state tax refunds into the Ballard Spahr LLP Trust account and to pay the remaining amount of his federal and state tax refunds to the Receiver's custody. Signed by Judge William S. Duffey, Jr on 5/13/2013. (kt) (Entered: 05/14/2013)
632013-05-14 ORDER re 9 Order on Appointing a Receiver. IT IS HEREBY ORDERED that the Receiver may file suit, in Delaware or Ohio, on the Receivership Entitles' claims against Detroit Memorial Partners, LLC. For this purpose, the Receiver may retain counsel to be paid on a contingent basis, as outlined int his order. (See order for specific details.) Signed by Judge William S. Duffey, Jr on 5/14/2013. (kt) (Entered: 05/14/2013)
642013-06-06 Petition for Leave of Absence for the following date(s): 7/1/2013-7/5/2013, by Joshua A. Mayes. (Mayes, Joshua) (Entered: 06/06/2013)
652013-06-19 Notice for Leave of Absence for the following date(s): July 8-11, August 12-15, September 23-30, by Byung J. Pak. (Pak, Byung) (Entered: 06/19/2013)
662013-07-08 MOTION for Settlement Involving Disputed Assets by Robert D. Terry, Esq. (Attachments: # 1 Exhibit A-Settlement Agmt)(Terry, Robert) (Entered: 07/08/2013)
672013-07-08 NOTICE by Robert D. Terry, Esq Notice of Subpoena on Alexandria Capital, LLC (Davis, Pratt) (Entered: 07/08/2013)
682013-07-15 MOTION for Attorney Fees by Robert D. Terry. (Attachments: # 1 Verified Complaint, # 2 Docket Sheet, # 3 Berger Harris Statement, # 4 Individual Invoices)(Parker, John) Modified on 10/9/2013 in order to update filing party (anc). (Entered: 07/15/2013)
692013-07-17 MOTION for Clarification re: 63 Order, by Robert D. Terry (Parker, John) Modified on 10/10/2013 in order to correct filing party (anc). (Entered: 07/17/2013)
702013-07-26 STATUS REPORT (Third Interim Report) by Robert D. Terry, Esq. (Terry, Robert) (Entered: 07/26/2013)
712013-07-30 Follow-up to 69 MOTION for Clarification re: 63 Order, by Robert D. Terry (Parker, John) Modified on 7/31/2013 in order to update docket text (anc). Modified on 10/10/2013 in order to correct filing party (anc). (Entered: 07/30/2013)
722013-09-03 NOTICE of Subpoena to Fidelity Brokerage Services, LLC by Robert D. Terry, Esq (Terry, Robert) Modified on 9/3/2013 in order to update docket text (anc). (Entered: 09/03/2013)
732013-09-04 NOTICE by Robert D. Terry, Esq Notice of Subpoena to Louis Riggio (Terry, Robert) (Entered: 09/04/2013)
742013-10-09 ORDER GRANTING 69 Motion for Clarification. The Receiver is authorized to fund only the costs, as determined by statute, of any litigation against Detroit Memorial Partners, LLC. Other litigation expenses shall be paid for by retained counsel. Signed by Judge William S. Duffey, Jr on 10/9/2013. (anc) (Entered: 10/09/2013)
752013-10-09 OPINION AND ORDER GRANTING Receiver Robert D. Terry's 68 Motion for Attorney Fees. The Receiver is authorized to pay $15,752.95 to the law firm of Berger Harris. Signed by Judge William S. Duffey, Jr on 10/8/2013. (anc) Modified on 10/10/2013 in order to update docket text (anc). (Entered: 10/09/2013)
762013-10-09 JUDGMENT FOR ATTORNEYS' FEES: The Receiver is authorized to pay $25,752.95 to the law firm Berger Harris. (anc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 10/10/2013)
772013-10-10 ORDER on the 66 MOTION for Settlement Involving Disputed Assets filed by Robert D. Terry, Esq. The Receiver is directed to submit to the Court, on or before October 25, 2013, a more detailed explanation of the dispute at issue, and to fully explain the history of the dispute, the parties involved, the nature of the proposed settlement and why it is reasonable. Signed by Judge William S. Duffey, Jr on 10/10/2013. (anc) (Entered: 10/10/2013)
782013-10-10 OPINION AND ORDER on the Receiver Robert D. Terry's 48 Motion for Compensation. The Receiver is authorized to pay the amount of $1,020.00 to the law firm of DowLohnes PLLC. IT IS HEREBY ORDERED that Receiver is required to file, on or before October 25, 2013 the information outlined on page 5 and 6 of the order. Signed by Judge William S. Duffey, Jr on 10/10/2013. (anc) Modified on 10/10/2013 in order to update docket text (anc). (Entered: 10/10/2013)
792013-10-10 DOCUMENT FILING ERROR JUDGMENT FOR ATTORNEYS' FEES : The Receiver is authorized to pay the amount of $1,020.00 to the law firm of DowLohnes PLLC. (anc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- Modified on 10/10/2013 (anc). (Entered: 10/10/2013)
802013-10-10 JUDGMENT FOR COMPENSATION: The Receiver is authorized to pay the amount of $1,020.00 to the law firm of DowLohnes PLLC. (anc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 10/10/2013)
812013-10-25 RESPONSE re 77 Order, filed by Summit Wealth Management, Inc. (Terry, Robert) Modified related document on 11/12/2013 (dr). (Entered: 10/25/2013)
822013-10-25 RESPONSE re 78 Order on Motion for Attorney Fees, filed by Robert D. Terry, Esq. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Terry, Robert) (Entered: 10/25/2013)
832013-11-12 STATUS REPORT Receiver's Fourth Interim Report by Summit Wealth Management, Inc.. (Terry, Robert) (Entered: 11/12/2013)
842013-11-18 ORDER GRANTING Receiver Robert D. Terry's 66 Motion for Approval of Settlement. Signed by Judge William S. Duffey, Jr on 11/18/2013. (anc) (Entered: 11/19/2013)
852013-11-20 OPINION AND ORDER GRANTING Receiver Robert D. Terry's 48 Motion for Attorney Fees. The Receiver is entitled to compensation from the receivership estate totaling $199,924.50. In addition, the Receiver is entitled to reimbursement totaling $8,908.94 for expenses. Signed by Judge William S. Duffey, Jr on 11/20/2013. (anc) (Entered: 11/20/2013)
862013-11-20 JUDGMENT FOR COMPENSATION: The Receiver is entitled to compensation totaling $199,924.50. In addition, the Receiver is entitled to reimbursement totaling $8,908.94 for expenses (anc)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 11/20/2013)
872013-12-17 NOTICE of Change of Address for John Steven Parker, counsel for Summit Wealth Management, Inc. (Parker, John) (Entered: 12/17/2013)
882013-12-17 NOTICE of Change of Address for Robert Daniel Terry, counsel for Summit Wealth Management, Inc. (Terry, Robert) (Entered: 12/17/2013)
892014-03-14 STATUS REPORT Receiver's Fifth Interim Report by Robert D. Terry, Esq. (Terry, Robert) (Entered: 03/14/2014)
902014-04-03 NOTICE of Change of Address for A. Todd Merolla, counsel for The Meyers Group, Inc. (Merolla, A.) (Entered: 04/03/2014)
912014-05-15 MOTION to Intervene and MOTION to Clarify and/or Modify Order Appointing Receiver with Brief In Support by Carrie Mistina.(Attachments: # 1 Exhibit A-Motion to Clarify And/or Modify Order Appointing Receiver)(Carroll, Stacey) (Entered: 05/15/2014)
922014-05-15 APPLICATION for Admission of Earl Neville Mayfield, III Pro Hac Vice (Application fee $ 150, receipt number 113E-5187913)by Carrie Mistina. (Carroll, Stacey) (Entered: 05/15/2014)
932014-05-22 NOTICE of Change of Address for Stacey Allen Carroll, counsel for Carrie Mistina (Carroll, Stacey) (Entered: 05/22/2014)
942014-05-28 APPLICATION for Admission of Earl Neville Mayfield, III Pro Hac Vice by Carrie Mistina. (Carroll, Stacey) (Entered: 05/28/2014)
952014-06-02 RESPONSE in Opposition re 91 MOTION to Intervene filed by Robert D. Terry, Esq. (Parker, John) (Entered: 06/02/2014)
962014-06-02 RESPONSE re 91 MOTION to Intervene filed by Securities and Exchange Commission. (Gordon, Robert) (Entered: 06/02/2014)
972014-06-19 Petition for Leave of Absence for the following date(s): 8/4-8/8, by Joshua A. Mayes. (Mayes, Joshua) (Entered: 06/19/2014)
982014-06-19 REPLY to Response to Motion re 91 MOTION to Intervene MOTION for Clarification filed by Carrie Mistina. (Carroll, Stacey) (Entered: 06/19/2014)
992014-06-25 MOTION For Leave To File a Sur-Reply In Opposition to Motion For Relief From Stay and Memorandum In Support by Securities and Exchange Commission. (Attachments: # 1 Plaintiff SEC's Sur-Reply In Opposition To Carrie Mistina.s Motion For Relief From Stay)(Gordon, Robert) Modified on 6/26/2014 and 7/17/2014 in order to update motion type and text (anc). (Entered: 06/25/2014)
1002014-07-09 RESPONSE in Support re 91 MOTION to InterveneMOTION for Clarification filed by Carrie Mistina. (Carroll, Stacey) (Entered: 07/09/2014)
1012014-09-30 STATUS REPORT Receiver's Sixth Interim Report by Robert D. Terry, Esq. (Terry, Robert) (Entered: 09/30/2014)
1022015-03-05 ORDER AND OPINION granting Intervenor Carrie Mistinas Motion to Intervene 91 , denying Intervenor Carrie Mistinas Motion to Clarify [91-1] and denying as moot the SECs Motion for Leave 99 . Signed by Judge William S. Duffey, Jr on 3/5/15. (ddm) (Entered: 03/05/2015)
1032015-05-21 MOTION for Approval of SETTLEMENT of Disputed Claim and Settlement Agreement and for Entry of Bar Order by Robert D. Terry, Esq. (Attachments: # 1 Exhibit A-C)(Parker, John). Added MOTION for Settlement on 5/26/2015 and edited docket text (jpa). (Entered: 05/21/2015)
1042015-05-21 Memorandum of Law in Support of Receiver's 103 Motion for Approval of Settlement of Disputed Claim and Settlement Agreement, and for Entry of Bar Order by Robert D. Terry, Esq. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Parker, John) Modified on 5/26/2015 to correct docket text, to add document relationship, and terminate motion (jpa). (Entered: 05/21/2015)
1052015-06-16 MOTION To Set a Deadline for Any Objections to Proposed Settlement and Entry of Bar Order with Brief In Support by Robert D. Terry, Esq. (Attachments: # 1 Text of Proposed Order Exhibit A, # 2 Brief in Support of Motion)(Davis, Pratt) (Entered: 06/16/2015)
1062015-06-19 Minute Entry for proceedings held before Judge William S. Duffey, Jr: Telephone Conference held on 6/19/2015. Receiver to provide requested information tothe Court by Noon on 7/2/2015. (Court Reporter Nick Marrone)(adg) (Entered: 06/19/2015)
1072015-06-22 TRANSCRIPT of the Telephone Conference Proceedings held on June 19, 2015, before Judge William S. Duffey, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/13/2015. Redacted Transcript Deadline set for 7/23/2015. Release of Transcript Restriction set for 9/21/2015. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 06/22/2015)
1082015-07-13 MOTION for Order Receiver's Motion for Approval of Form of Notice of Receiver's Motion for Approval of Settlement of Disputed Claim and Settlement Agreement, and for Entry of a Bar Order by Robert D. Terry, Esq. (Attachments: # 1 Exhibit A)(Parker, John) (Entered: 07/13/2015)
1092015-07-15 ORDER GRANTING 108 MOTION for Approval of Form of Notice of Receiver's Motion for Approval of Settlement of Disputed Claim and Settlement Agreement, and for Entry of a Bar Order. The Notice is APPROVED and it is ORDERED that, on or before 7/24/2015, the Receiver shall send the Notice to each person who will or could be impacted by the approval of the Settlement Bar Order. It is further ORDERED that the Receiver shall, on or before 7/24/2015, file with the Court a list of each person to whom the Notice is sent. Signed by Judge William S. Duffey, Jr on 7/15/2015. (Attachments: # 1 Exhibit A) (adg) (Entered: 07/15/2015)
1102015-07-24 NOTICE by Robert D. Terry, Esq of Mailing (Attachments: # 1 Exhibit A)(Parker, John) (Entered: 07/24/2015)
1112015-10-09 Minute Entry for proceedings held before Judge William S. Duffey, Jr: Motion Hearing held on 10/9/2015. Hearing to allow interested parties the opportunity to object to the proposed settlement agreement and bar order. No objectors present. Written Order to follow. (Court Reporter Nick Marrone)(anc) (Entered: 10/09/2015)
1122015-10-09 TRANSCRIPT of the Final Settlement Approval Proceedings held on October 9, 2015, before Judge William S. Duffey, Jr. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/30/2015. Redacted Transcript Deadline set for 11/9/2015. Release of Transcript Restriction set for 1/7/2016. (Attachments: # 1 Notice of Filing of Official) (kac) (Entered: 10/09/2015)
1132015-10-15 OPINION AND ORDER that Receiver Robert D. Terry's Motion for Approval of Settlement of Disputed Claim and Settlement Agreement and for Entry of Bar Order 103 is GRANTED. IT IS FURTHER ORDERED that the Settlement Agreement between the Receiver and Federal Insurance Company is APPROVED. IT IS FURTHER ORDERED that the Receiver's request for the entry of the Bar Order is GRANTED. See Order for additional information. Signed by Judge William S. Duffey, Jr on 10/15/2015. (anc) (Entered: 10/16/2015)