US Securities and Exchange Commission v. Davis et al
Filing
96
ORDER granting 93 Receiver's Motion to Abandon Personal Property and to Direct Defendant to Remove Same. Signed by Senior Judge Graham Mullen on 4/4/2017. (eef)
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.
RICHARD W. DAVIS, JR.,
Defendant,
and
ORDER GRANTING
MOTION TO ABANDON
CERTAIN PERSONAL
PROPERTY AND
DIRECTING DEFENDANT
TO REMOVE PERSONAL
PROPERTY
DCG REAL ASSETS, LLC, et al.,
Relief Defendants.
This matter came before the Court upon the Motion to Abandon Any Interest in Certain
Personal Property That May Be Held by the Receivership Estate and Directing Defendant to
Remove Personal Property (this “Motion”) filed on March 16, 2017 (Doc. No. 93) (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 allowed.
IT IS, THEREFORE, ORDERED that
1.
The Motion is GRANTED; and
2.
The Receiver is authorized to ABANDON any interest in furniture, household
goods and other personal property (“Personal Property”) located at 9137 Mount Holly-Huntersville
Road, Huntersville, North Carolina (the “House”) which abandonment shall take effect
immediately upon entry of this Order on the electronic docket; and
3.
The Defendant is Ordered to remove the Personal Property from the House within
fourteen (14) days of the entry of this Order.
SO ORDERED.
Signed: April 4, 2017
2
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