US Securities and Exchange Commission v. Davis et al

Filing 270

ORDER granting 265 MOTION for Order Allowing Lost Claim. Signed by Senior Judge Graham Mullen on 8/9/2019. (mek)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
CASE NO. 3:16-CV-285
v.
ORDER GRANTING RECEIVER’S
MOTION FOR ALLOWANCE
OF LOST 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 Motion for Order Allowing Lost
Claim (the “Motion”) filed by A. Cotten Wright, the receiver in this case (the “Receiver”),
through counsel, on July 22, 2019 (Doc. No. 265). It appears that notice of the Motion was
proper, and no objections were filed in response to the Motion.
In the Motion, the Receiver represented that, on July 18, 2019, she was contacted
regarding a claim that was purportedly submitted by email on November 26, 2018. Although the
email address in that correspondence appeared to be correct, the Receiver was unable to locate
that claim (the “Lost Claim”).
The Receiver verified the Lost Claim against the records available to her and, as a result,
proposed that the Lost Claim, designated as Claim 171, be allowed in an amount reflecting the
difference between the claimant’s investments and the distributions to that claimant.
The Court, having reviewed the Motion and the record in this case, has determined that
the Motion should be allowed.
1

IT IS, THEREFORE, ORDERED that the Motion is GRANTED, and Claim 171 is
ALLOWED in the amount of $40,822.57.
SO ORDERED.

Signed: August 9, 2019

2