US Securities and Exchange Commission v. Davis et al

Filing 157

ORDER granting 149 Motion for Authority to Engage Auctioneer and to Auction Mining Equipment. It is therefore ordered that the Receiver is authorized to engage Ritchie Bros. Auctioneers as auctioneer and to auction all of the Mining Equipment described in the Motion pursuant to terms and conditions substantially similar to those set forth in the Proposed Auction Contract referenced in the Motion, without additional confirmation by the Court.. Signed by Senior Judge Graham Mullen on 11/15/2017. (chh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:16-CV-285
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ORDER APPROVING MINING
EQUIPMENT AUCTION

RICHARD W. DAVIS, JR.,
Defendant,
and
DCG REAL ASSETS, LLC, et al.,
Relief Defendants.

This matter came before the Court upon the Motion for Authority to Engage Auctioneer
and to Auction Mining Equipment filed on October 31, 2017 (Doc. No. 149) (the “Motion”) by A.
Cotten Wright, as the duly-appointed receiver in the above-captioned action (the “Receiver”),
through counsel. It appears that notice of the Motion was proper and that no objections were filed
in response to the Motion. The Court—having reviewed the Motion and the record in this case—
has determined that the Motion should be granted.
IT IS, THEREFORE, ORDERED that the Receiver is authorized to engage Ritchie Bros.
Auctioneers as auctioneer and to auction all of the Mining Equipment described in the Motion
pursuant to terms and conditions substantially similar to those set forth in the Proposed Auction
Contract referenced in the Motion, without additional confirmation by the Court.
SO ORDERED.

Signed: November 15, 2017