Securities and Exchange Commission v. Adams et al

Filing 44

ORDER regarding assignment of related cases. Signed by District Judge Carlton W. Reeves on 09/20/2018. (CL)

Case 3:18-cv-00252-CWR-FKB Document 44 Filed 09/20/18 Page 1 of 2

____________________
No. 3:18-cv-252-CWR-FKB
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARTHUR LAMAR ADAMS AND
MADISON TIMBER PROPERTIES, LLC,
Defendants.
____________________
ORDER REGARDING RELATED CASES
____________________
Before CARLTON W. REEVES, District Judge.
On June 22, 2018, this Court appointed a Receiver to take control and manage the Receivership Estate of Arthur Lamar Adams and Madison Timber Properties. Docket No. 33. That Order grants the Receiver the authority to “institute such actions
or proceedings to impose a constructive trust, to sue for and

Case 3:18-cv-00252-CWR-FKB Document 44 Filed 09/20/18 Page 2 of 2

collect, recover, receive or take into possession from third parties all Receivership Property, Receivership Records, and any
assets traceable to assets of the Receivership Estate.” Id. at 7.
Rule 66 of the Federal Rules of Civil Procedure provides that
receiverships must “accord with the historical practice in federal courts.” A review of authorities reveals that in similar
cases, the district court that appointed the Receiver has retained jurisdiction over any claims related to the Receivership
Estate. 1
In accordance with these authorities, and to provide for judicial efficiency in the adjudication of cases, the Court finds that
actions brought by the Receiver or related to the Receivership
Estate should be assigned to the undersigned judge and Magistrate Judge F. Keith Ball as related cases, subject to such
terms and conditions as the Chief Judge may order pursuant
to Section IX, paragraph D of this Court’s Internal Rule No. 1.
SO ORDERED, this the 20th day of September, 2018.
s/ CARLTON W. REEVES
United States District Judge

1

See S.E.C. v. Am. Pensions Servs., Inc., No. 2:14-CV-309-RJS-DBP, Docket
No. 782 (D. Utah June 29, 2016) (transferring interpleader to Judge presiding over Receivership action); S.E.C. v. Am. Pensions Servs., Inc., No.
2:14-CV-309-RJS-DBP, Docket No. 923 (D. Utah May 23, 2017) (transferring action filed by Receiver to recover Estate funds to Judge presiding
over Receivership); Zayed v. NRP Fin., Inc., No. 12-CV-35-MJD-FLN,
Docket No. 2 (D. Minn. Jan. 6, 2012) (same); see generally S.E.C. v. Stanford
Int’l Bank Ltd., No. 3:09-CV-298-N (N.D. Tex.).

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