US Securities and Exchange Commission v. Davis et al

Filing 218

ORDER Approving 216 Motion Receiver's Objection to Late-Filed Claim. Signed by Senior Judge Graham Mullen on 10/9/2018. (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 OBJECTION
TO LATE-FILED CLAIM

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

This matter came before the Court on the Receiver’s Objection to Late-Filed Claim (the
“Objection”) filed on September 12, 2018 by A. Cotten Wright, the Court appointed receiver in
this case (the “Receiver”). (Doc. No. 216). It appears that notice of the Objection was proper.
The Objection was filed in response to a claim submitted on behalf of an investor (the
“Claimant”) alleging a claim against Relief Defendant, DCG PMG, LLC, in the amount of
$300,000.00 (the “Claim”). The Claim was submitted to the Receiver in an email from the
Claimant’s attorney on September 5, 2018, nearly a year after the September 16, 2017 claims
deadline. The Receiver designated the Claim as Claim No. 166.
In the Objection, the Receiver noted that she had provided email service to the Claimant
throughout the course of the receivership case at a yahoo.com address, and that none of those
emails have been returned as undeliverable. The Claimant did not respond to the Objection.
The Court, having reviewed the Objection and the record in this case, has determined that
the Objection should be approved.
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IT IS, THEREFORE, ORDERED that the late-filed Claim 166 is DISALLOWED.
SO ORDERED.

Signed: October 9, 2018

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