Securities and Exchange Commission v. Gold-Quest International, et al

Filing 299

ORDER Granting 298 Stipulation to Reappoint Receiver. Signed by Judge Kent J. Dawson on 8/30/16. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7

DAVID J. VAN HAVERMAAT (Cal Bar No. 175761)
Email: [e-mail]
TERI M. MELSON (Cal. Bar No. 185209)
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
John W. Berry, Regional Trial Counsel
444 S. Flower St., Suite 900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12

SECURITIES AND EXCHANGE
COMMISSION,

13

Plaintiff,

14
15
16
17
18
19
20
21
22
23
24
25
26

vs.
GOLD-QUEST INTERNATIONAL,
DAVID GREENE a/k/a LORD DAVID
GREENE a/k/a DAVID GREEN, JOHN
JENKINS and MICHAEL MCGEE,
Defendants.

Case No. 08-CV-00566-KJD-LRL
JOINT STIPULATION TO
REAPPOINT RECEIVER FOR
LIMITED PURPOSE OF
EXECUTING FINAL CONSENT
JUDGMENT ON BEHALF OF
GOLD-QUEST INTERNATIONAL

WHEREAS, on May 14, 2008, the Court entered its Preliminary Injunction

1
2

and Orders: (1) Freezing Assets; (2) Appointing Permanent Receiver; and other

3

relief (Doc. No. 46) (the “Permanent Receiver Order”) which, inter alia, appointed

4

Cook Receiver Services, Inc. (the “Receiver”) as the permanent receiver of

5

defendant Gold-Quest International (“Defendant”); and
WHEREAS, the Permanent Receiver Order provided, inter alia, that the

6
7

Receiver had full power to exercise all lawful powers of Defendant; and
WHEREAS, on January 26, 2010, the Court entered its Order Approving

8
9

Fifth and Final Status Report and Request to Grant Receiver’s Motion to

10

Terminate Receivership (Doc. No. 294) (the “Receivership Termination Order”);

11

and

12

WHEREAS, the Receivership Termination Order provided, inter alia, that

13

the Receivership was terminated upon the Receiver filing a Notice that he had

14

transferred the net proceeds of the Receivership Estate to the United States

15

Securities and Exchange Commission (“SEC”); and

16
17
18
19
20
21
22
23
24

WHEREAS, the Receiver filed his Notice of Compliance on July 22, 2010
(Doc. No. 296); and
WHEREAS, the SEC is prepared to seek final judgment against Defendant,
but first requires the Receiver’s execution of the consent; and
WHEREAS final judgments have already been entered against all other
defendants in this action; and
WHEREAS, accordingly, the SEC requests that the Court’s reappoint the
Receiver for the limited purpose of executing the proposed consent judgment.
IT IS HEREBY STIPULATED by and between the parties hereto and their

25

counsel of record that: (1) Cook Receiver Services, Inc. is hereby reappointed as

26

Receiver for Gold-Quest International in this case for the limited purpose of
1

1

executing a consent judgment on behalf of Gold-Quest International; (2) Cook

2

Receiver Services, Inc. is not required to post a bond for the limited purpose of this

3

Order; and (3) upon the Court’s entry of any consent judgment as to Gold-Quest

4

International, Cook Receiver Services, Inc. is immediately terminated as Receiver

5

in this proceeding, Cook Receiver Services, Inc. and its staff shall be discharged

6

from all liability, and the Receivership shall be terminated.

7
8

Dated: August 29, 2016

SECURITIES AND EXCHANGE
COMMISSION

9
/s/ David J. Van Havermaat
David J. Van Havermaat
Teri M. Melson
Attorneys for Plaintiff
Securities and Exchange Commission

10
11
12
13

Dated: August 29, 2016

GOLD-QUEST INTERNATIONAL

14
/s/ Brian M. Holland
Brian M. Holland (admitted pro hac vice)
Lathrop & Gage, LLP
Attorney for Cook Receiver Services, Inc.,
Receiver

15
16
17
18
19
20

IT IS SO ORDERED.

21
22
23
24

DATED: _________________
8/30/2016

____________________________________
THE HONORABLE KENT J. DAWSON
UNITED STATES DISTRICT JUDGE

25
26
2