U.S. Commodity Futures Trading Commission v. Barki, LLC et al
Plaintiff: U.S. Commodity Futures Trading Commission
Defendant: Barki, LLC and Bruce C. Kramer
Receiver: Charles E. Lyons
Case Number: 3:2009cv00106
Filed: March 17, 2009
Court: US District Court for the Western District of North Carolina
Office: Securities/Commodities Office
County: Mecklenburg
Presiding Judge: Graham Mullen
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 7:6(b) Federal Commodity Exchange Regulation

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 20, 2012 Opinion or Order Filing 233 ORDER granting 230 Motion for Approval of Final Receiver's Report and Accounting and for Dismissal of Receiver. Signed by Senior Judge Graham Mullen on 3/20/2012. (tmg)
January 4, 2012 Opinion or Order Filing 225 ORDER granting 224 Motion for Disbursement of Funds. Signed by Senior Judge Graham Mullen on 1/4/2012. (Pro se litigant served by US Mail.)(bsw)
October 4, 2011 Opinion or Order Filing 222 ORDER granting 214 Motion to Make Third Interim Distribution and to Establish Distribution Amounts. Signed by Senior Judge Graham Mullen on 10/4/2011. (tmg)
August 24, 2011 Opinion or Order Filing 211 ORDER granting 208 Motion for Compensation to Edward P. Bowers & Middleswarth Bowers & Company as Accountants for Receiver. Signed by Senior Judge Graham Mullen on 8/24/2011. (tmg)
December 28, 2010 Opinion or Order Filing 204 ORDER granting 196 Motion compensation payment to Accountants for Receiver. Signed by Senior Judge Graham Mullen on 12/28/2010. (Pro se litigant served by US Mail.)(bsw)
December 22, 2010 Opinion or Order Filing 202 ORDER granting 195 Motion for Compensation to Grier, Furr & Grisp PA, Attornesy for Receiver. Signed by Senior Judge Graham Mullen on 12/22/2010. (Pro se litigant served by US Mail.)(bsw)
October 20, 2010 Opinion or Order Filing 192 ORDER granting 188 Motion for Compensation to Edward P. Bowers, Accountant for the Receiver. Signed by Senior Judge Graham Mullen on 10/20/2010. (tmg)
September 30, 2010 Opinion or Order Filing 189 ORDER granting 186 Motion To Make Second Interim Distribution and to Establish Distribution Amounts. The total interim distribution amount of $1,432,200.00 is approved; and the Receiver is authorized to make a second interim distribution to Investors with approved claims as set forth on Exhibit A attached to the Motion.. Signed by Senior Judge Graham Mullen on 9/30/10. (Pro se litigant served by US Mail.)(chh)
August 12, 2010 Opinion or Order Filing 182 ORDER granting 164 Motion for Order (1) Confirming Distribution Priority Scheme; (2) Declaring that the Receivership Estate is Held in a Constructive Trust for the Benefit of the Barki Customers; (3) Declaring that Except fo r Taxing Authority Claims, a Claims Review Process for any Pre-Receivership Claims of Creditors of Defendants and Relief Defendants is Unnecessary; and (4) Setting a Deadline for any Pre- Receivership Tax Claim by the United States Treasury and the North Carolina Department of Revenue. Signed by Senior Judge Graham Mullen on 8/12/2010. (cw)
June 30, 2010 Opinion or Order Filing 174 ORDER granting 170 Fifth Motion of Receiver for Compensation to Edward P. Bowers and Middleswarth Bowers & Co., Accountants for Receiver. Signed by Senior Judge Graham Mullen on 6/29/2010. (tmg)
March 17, 2010 Opinion or Order Filing 155 ORDER granting 151 Motion for approval of offer to purchase and authority to consummate sale of real and personal property. Signed by Senior Judge Graham Mullen on 3/17/2010. (bsw)
December 14, 2009 Opinion or Order Filing 137 ORDER granting 136 Receiver's Motion for Disbursement of Funds; granting 136 Motion Establish Distribution Amounts. Signed by Senior Judge Graham Mullen on 12/14/09. (gpb)
November 12, 2009 Opinion or Order Filing 131 ORDER on 117 Motion for Approval of Proposed Claims Distribution Method. The Court directs Receiver to distribute funds via the "net investment method." Signed by Senior Judge Graham Mullen on 11/12/09. (gpb)
October 23, 2009 Opinion or Order Filing 125 ORDER granting 110 Motion for Attorney Fees for Receiver. Signed by Senior Judge Graham Mullen on 10/23/2009. (tmg)
September 29, 2009 Opinion or Order Filing 113 Written ORDER re 109 MOTION for Authority to Retain Broker and to Sell Vehicle Free & Clear of Liens and Encumbrances and to Deposit Net Proceeds into Receivership Bank Account. Signed by Senior Judge Graham Mullen on 9/29/09. (chh)
August 18, 2009 Opinion or Order Filing 106 AMENDED ORDER re 95 MOTION for Compensation to Grier Furr & Crisp, PA, Attorneys for Receiver. Signed by Senior Judge Graham Mullen on 8/18/2009. (tmg)
August 5, 2009 Opinion or Order Filing 97 ORDER granting 67 Motion Approval of Proposed Claims Verification Procedures, Claims Bar Date; and (2) for Authority to Make Interim Distributions to Investors and Reserving Judgment as to Proposed Claims Distribution Method. Signed by Senior Judge Graham Mullen on 8/5/2009. (tmg)
July 14, 2009 Opinion or Order Filing 91 ORDER granting 71 Motion for Authority to Enter into Exclusive Right to Sell Listing Agreements with Julie R. Breedlove, Realtor/Broker, and Coldwell Banker United Realtors to Market and Sell Real Property. Signed by Senior Judge Graham Mullen on 7/14/2009. (tmg)
July 6, 2009 Opinion or Order Filing 73 ORDER granting 65 Motion for Additional Interim Allowance For Living Expenses. Signed by Senior Judge Graham Mullen on 7/6/2009. (tmg)
March 24, 2009 Opinion or Order Filing 15 ORDER RESCHEDULING HEARING, Reset Deadlines as to 2 MOTION for Order to Show Cause - Preliminary Injunction.( Motion Hearing set for 4/1/2009 02:00 PM in Courtroom 3, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen.). Signed by Senior Judge Graham Mullen on 3/24/2009. (tmg)
March 20, 2009 Opinion or Order Filing 8 ORDER partially granting State Court Plaintiffs' Oral Request to Lift Court's Statutory Restraining Order for Purpose of permitting Superior Court of Mecklenburg Co. to enter an order in State Court Action adopting this Court's SRO. All other matters shall remain subject to this Court's SRO and any modification thereof Signed by Senior Judge Graham Mullen on 3/20/09. (bsw)
March 17, 2009 Opinion or Order Filing 5 ORDER granting 2 Motion for TRO; granting 2 Motion to Appoint Receiver. Charles E. Lyons appointed; granting 2 Motion to Expedite Discovery; and setting hearing on 2 Motion for Order to Show Cause why an Order for Preliminary Injunction should not be granted. Signed by Senior Judge Graham Mullen on 3/17/09. (com)
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Plaintiff: U.S. Commodity Futures Trading Commission
Represented By: Stephen Michael Humenik
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Defendant: Barki, LLC
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Defendant: Bruce C. Kramer
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Receiver: Charles E. Lyons
Represented By: Charles Edward Lyons, II
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