Securities and Exchange Commission v. Rex Venture Group, LLC et al

Filing 161

ORDER granting #157 Motion for Filing Claims Relating to Financial Instruments Paid to the Receiver on or After August 1, 2013. Signed by Senior Judge Graham Mullen on 10/22/2013. (Pro se litigant served by US Mail.)(eef)

IN THE UNITES STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
Civil Action No. 3:12 cv 519
vs.
REX VENTURE GROUP, LLC
d/b/a ZEEKREWARDS.COM, and
PAUL BURKS,
Defendants.

ORDER GRANTING RECEIVER’S MOTION TO EXTEND DEADLINE FOR FILING
CLAIMS RELATING TO FINANCIAL INSTRUMENTS PAID TO THE RECEIVER ON
OR AFTER AUGUST 1, 2013
This matter is before the Court upon the Motion of Temporary Receiver Kenneth D. Bell
(the “Receiver”) to Extend Deadline for Filing Claims Relating to Financial Instruments Paid to
the Receiver On or After August 1, 2013 (the “Motion”) filed on September 26, 2013. After
considering the Motion, IT IS ORDERED, ADJUDGED AND DECREED as follows:
1.

The Motion is GRANTED.

2.

The Bar Date for Claims established in the May 8, 2013 Order Approving (I)

Claims Process, (II) Setting of Bar Date, and (III) Approving Notice Procedures (the “May 8
Order”) is hereby extended to December 1, 2013 only for (i) affiliates whose financial
institutions pay the Receiver on or after August 1, 2013 for stopped payment instruments and are
thereafter charged or debited by their financial institutions for these items, and (ii) financial

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institutions seeking to file a subrogation claim on behalf of their affiliate customers after paying
stopped payment instruments to the Receiver on or after August 1, 2013.
3.

All Claims Submission Forms relating to payments made to the Receiver on or

after August 1, 2013 for stopped payment instruments must be filed so that they are actually
received by 11:59 p.m. (prevailing Eastern time) on December 1, 2013.
4.

The Receiver shall notify the affected affiliates and financial institutions to whom

the extension may apply by (i) providing notice on the Receivership website; and (ii) contacting
financial institutions that pay the Receiver on or after August 1, 2013 for stopped payment
instruments to notify them of this Order, and informing them that to the extent they are charging
their customers for payment of these stopped payment items, they must immediately notify those
customers of the Order extending the Claims Bar Date. The Receiver may take other actions to
notify the affected affiliates and financial institutions as he determines to be appropriate in his
sole discretion, but is not required to provide additional notice beyond the requirements of this
Order.
5.

Any financial institution that (i) pays the Receiver on or after August 1, 2013 for

stopped payment instruments; (ii) charges its customers for payments of these stopped payment
items, and (iii) receives notice of this Order from the Receiver or by any other means, is hereby
required to immediately provide a copy of this Order to its affected customers and notify them
that:
(a)

the stopped payment instruments have been paid to the Receivership;

(b)

they may have a right to file a late claim or amend a previous claim with the

Receivership through December 1, 2013; and

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(c)

they should consult the Receivership website

(http://www.zeekrewardsreceivership.com) for additional details and answers to
questions.
6.

The Receiver is authorized to take all actions necessary to effectuate the relief

granted pursuant to this Order in accordance with the Motion. The Court retains exclusive
jurisdiction with respect to all matters arising from or related to the implementation of this Order.
7.

Except as expressly modified herein, all other provisions of the May 8 Order

remain in full force and effect.
Signed: October 22, 2013

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