US Securities and Exchange Commission v. Davis et al

Filing 215

ORDER Granting 208 Receiver's Motion for Order Allowing Certain Late Claims. Signed by Senior Judge Graham Mullen on 8/27/2018. (jaw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
CASE NO. 3:16-CV-285
v.
ORDER ON RECEIVER’S MOTION
FOR ORDER ALLOWING CERTAIN
LATE CLAIMS

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

This matter came before the Court on the Receiver’s Motion for Order Allowing Certain
Late Claims (the “Late Claims Motion”) (Doc. No. 208) filed by A. Cotten Wright as Receiver
(the “Receiver”) in this case, through counsel. The Late Claims Motion reflected the Receiver’s
recommendations regarding certain claims that were submitted after the deadline for claims in this
case by Investors who did not receive notice of that deadline.
It appears that notice of the Late Claims Motion was proper, and no responses to the Late
Claims Motion were filed.
The Court, having reviewed the Late Claims Motion and the record in this case, has
determined that the Late Claims Motion should be allowed and that the Receiver’s recommended
treatment of claims as set out in Exhibit A should be approved.
IT IS, THEREFORE, ORDERED that:
1)

The relief requested in the Late Claims Motion is GRANTED; and

1

2)

The Receiver’s recommendations as to the allowance and disallowance of
claims as set forth in the attached Exhibit A are approved.

SO ORDERED.

Signed: August 27, 2018

2

EXHIBIT A
Claim No.

Alleged Claim Amount

163
164

Reason for
Objection
N/A
N/A

$109,529.59
$148,853.70

1

Recommended Allowed
Claim Amount
$109,529.59
$148,853.70