US Securities and Exchange Commission v. Davis et al
Plaintiff: US Securities and Exchange Commission
Defendant: Richard W Davis, Jr.
Receiver: A. Cotten Wright
Case Number: 3:2016cv00285
Filed: June 2, 2016
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Alexander
Presiding Judge: David Keesler
Presiding Judge: Graham Mullen
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
April 2, 2021 Opinion or Order Filing 301 ORDER granting 300 Motion for Disbursement of Funds. The Clerk is directed to disburse $342.53 to the holder of Claim No. 159E and $46.23 to the holder of Claim No. 159F, with the names and addresses of those claimants to be provided by the receiver. Signed by Senior Judge Graham Mullen on 4/1/2021. (brl)
November 17, 2020 Opinion or Order Filing 299 ORDER AND FINAL JUDGMENT granting 296 Motion for Entry of Judgment. Signed by Senior Judge Graham Mullen on 11/17/20. (mga)
April 29, 2020 Opinion or Order Filing 290 ORDER granting 288 Motion for Order Authorizing Redistribution of Funds and Compensation for Associated Fees and Expenses. Signed by Senior Judge Graham Mullen on 4/27/2020. (eef)
January 2, 2020 Opinion or Order Filing 287 ORDER approving 284 Final Application for Compensation to Middleswarth Bowers & Company, LLC, Accountants for the Receiver. Signed by Senior Judge Graham Mullen on 1/2/20. (clc)
December 6, 2019 Opinion or Order Filing 282 ORDER granting 280 Receiver's Motion for Authority to Make Proposed Final Distributions. Signed by Senior Judge Graham Mullen on 12/06/2019. (ctb)
October 31, 2019 Opinion or Order Filing 279 ORDER approving 276 Eleventh Application for Compensation to Middleswarth Bowers & Co., Accountants for the Receiver. Signed by Senior Judge Graham Mullen on 10/31/2019. (ctb)
October 30, 2019 Opinion or Order Filing 278 ORDER approving 275 Thirteenth Application for Compensation to Grier Wright Martinez, PA, Attorneys for Receiver. Signed by Senior Judge Graham Mullen on 10/30/2019. (eef)
August 9, 2019 Opinion or Order Filing 270 ORDER granting 265 MOTION for Order Allowing Lost Claim. Signed by Senior Judge Graham Mullen on 8/9/2019. (mek)
June 24, 2019 Opinion or Order Filing 261 AMENDED ORDER re 247 MOTION for Authority to Sell Real Property- 11711 Alexandriana Road, Huntersville, North Carolina- Free and Clear of Liens. Signed by Senior Judge Graham Mullen on 06/24/2019. (brj)
May 9, 2019 Opinion or Order Filing 260 ORDER approving 256 Eleventh Application for Compensation to Grier & Crisp, PA, Attorneys for the Receiver by A. Cotten Wright. Signed by Senior Judge Graham Mullen on 5/9/19. (tob)
March 26, 2019 Opinion or Order Filing 253 ORDER Granting 247 Motion for Authority to Sell Real Property - 11711 Alexandriana Road, Huntersville, North Carolina- Free and Clear of Liens. Signed by Senior Judge Graham Mullen on 3/26/2019. (jaw)
March 21, 2019 Opinion or Order Filing 252 ORDER Granting 248 Motion for Leave to Appear Pro Hac Vice added Ja' Nekia W Barton for Kenyatta Lucas. Signed by Senior Judge Graham Mullen on 3/21/2019. (jaw)
February 26, 2019 Opinion or Order Filing 245 ORDER Approving 241 Eighth Application for Compensation to Middleswarth Bowers and Company, LLC, Accountants for the Receiver. Signed by Senior Judge Graham Mullen on 2/25/2019. (jaw)
February 25, 2019 Opinion or Order Filing 244 ORDER Approving 240 Tenth Application for Compensation to Grier Furr and Crisp, PA, Attorneys for the Receiver. Signed by Senior Judge Graham Mullen on 2/25/2019. (jaw)
January 10, 2019 Opinion or Order Filing 238 ORDER Granting 233 Motion for Authority to Sell Real Property - 3122 Elk Creek Parkway, Independence VA - Free and Clear of Liens. Signed by Senior Judge Graham Mullen on 1/10/2019. (jaw)
December 27, 2018 Opinion or Order Filing 234 ORDER Granting 231 Receiver's Motion For Allowance of Certain Late Claims. Signed by Senior Judge Graham Mullen on 12/27/2018. (jaw)
November 19, 2018 Opinion or Order Filing 230 ORDER Granting Doc# 225 Motion to Approve Settlement with Ray E. Bluff, III and Willow Creek Placer Group, LLC. Signed by Senior Judge Graham Mullen on 11/19/2018. (jaw)
November 16, 2018 Opinion or Order Filing 229 ORDER Granting 223 Receiver's Motion for Order Regarding Distribution Method. Signed by Senior Judge Graham Mullen on 11/16/2018. (jaw)
November 6, 2018 Opinion or Order Filing 227 ORDER Approving Doc# 220 Seventh Application for Compensation to Middleswarth Bowers & Company, LLC, Accountants for the Receiver. Signed by Senior Judge Graham Mullen on 11/6/2018. (jaw)
October 26, 2018 Opinion or Order Filing 222 ORDER that the Order Doc# 218 should be rescinded, and that Claim 166 shall be allowed as though timely filed. Signed by Senior Judge Graham Mullen on 10/26/2018. (jaw)
October 10, 2018 Opinion or Order Filing 218 ORDER Approving 216 Motion Receiver's Objection to Late-Filed Claim. Signed by Senior Judge Graham Mullen on 10/9/2018. (jaw)
August 27, 2018 Opinion or Order 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)
August 3, 2018 Opinion or Order Filing 212 ORDER granting 199 Sixth Motion For Compensation To Middleswarth Bowers & Company, LLC, Accountants For The Receiver. Signed by Senior Judge Graham Mullen on 8/3/18. (mga)
July 24, 2018 Opinion or Order Filing 203 ORDER Granting 192 Motion Receiver's Report of Claims, Objections to Claims and Recommendations Regarding Claims. Signed by Senior Judge Graham Mullen on 7/24/2018. (jaw)
July 17, 2018 Opinion or Order Filing 196 ORDER Granting 190 Motion Receiver's Objection to Claim Submitted by Gunderson Law Firm. The Gunderson Law Firms claim is ALLOWED as a vendor claim in the amount of $2,250.00. Signed by Senior Judge Graham Mullen on 7/17/2018. (jaw)
May 2, 2018 Opinion or Order Filing 185 ORDER Approving 180 Fifth Application for Compensation to Middleswarth Bowers & Company, LLC, Accountants for the Receiver, A. Cotten Wright. Middleswarth Bowers & Company, LLC is AWARDED professional fees in the amount of $2,768.00 and reimbursement of expenses in the amount of $1.77. Signed by Senior Judge Graham Mullen on 5/1/2018. (jaw)
May 1, 2018 Opinion or Order Filing 184 ORDER Approving 179 Seventh Application for Compensation to Grier Furr & Crisp, PA, Attorneys for the Receiver, A. Cotten Wright. Grier Furr & Crisp, PA is AWARDED professional fees in the amount of $21,570.50 and reimbursement of expenses in the amount of $101.64. Signed by Senior Judge Graham Mullen on 5/1/2018. (jaw)
April 18, 2018 Opinion or Order Filing 183 ORDER granting 182 Motion Seeking Confirmation of Sale of Dump Truck. Signed by Senior Judge Graham Mullen on 4/18/2018. (eef)
February 16, 2018 Opinion or Order Filing 173 ORDER Granting 169 Motion For Authority to Sell Real Property Free and Clear of Liens - Vacant Residential Lot - Outside of the Case Procedures Due to Special Circumstances. Signed by Senior Judge Graham Mullen on 2/16/2018. (jaw)
February 9, 2018 Opinion or Order Filing 171 ORDER Approving 166 Sixth Application for Compensation to Grier Furr & Crisp, PA, Attorneys for the Receiver, A. Cotten Wright. Grier Furr & Crisp, PA is AWARDED professional fees in the amount of $17,906.00 and reimbursement of expenses in the amount of $142.49. Signed by Senior Judge Graham Mullen on 2/8/2018. (jaw)
December 15, 2017 Opinion or Order Filing 162 CONSENT ORDER REGARDING ALLOCATION OF NET PROCEEDS FROM SALE OF PROPERTY AT 9137 MOUNT HOLLY-HUNTERSVILLE RD, HUNTERSVILLE, NC. Signed by Senior Judge Graham Mullen on 12/15/2017. (eef)
December 6, 2017 Opinion or Order Filing 159 ORDER granting 152 Receiver's Motion to Sell Real Property - 16614 Old Statesville Rd. - Free and Clear of Liens. Signed by Senior Judge Graham Mullen on 12/6/17. (tob)
November 15, 2017 Opinion or Order Filing 157 ORDER granting 149 Motion for Authority to Engage Auctioneer and to Auction Mining Equipment. It is therefore ordered that the Receiver is authorized to engage Ritchie Bros. Auctioneers as auctioneer and to auction all of the Mining Equipment described in the Motion pursuant to terms and conditions substantially similar to those set forth in the Proposed Auction Contract referenced in the Motion, without additional confirmation by the Court.. Signed by Senior Judge Graham Mullen on 11/15/2017. (chh)
November 13, 2017 Opinion or Order Filing 155 ORDER Approving Fifth Application For Compensation to Grier Furr & Crisp, PA, Attorneys For the Receiver in re 146 Miscellaneous Filing. Signed by Senior Judge Graham Mullen on 11/13/2017. (jaw)
October 12, 2017 Opinion or Order Filing 142 ORDER Granting Motion For Authority to Sell Real Property Free and Clear of Liens - 9137 Mt. Holly-Huntersville Rd. 141 Motion. Signed by Senior Judge Graham Mullen on 10/12/2017. (jaw)
August 10, 2017 Opinion or Order Filing 135 ORDER granting 129 Receiver's Motion for Approval of Proposed Claims Verification and Notice Procedures. Signed by Senior Judge Graham Mullen on 8/10/2017. (eef)
June 13, 2017 Opinion or Order Filing 122 ORDER granting 106 Motion to Sell Real Property Receiver's Motion for Authority to Sell Real Property Free and Clear of Liens Outside of the Case Procedures Due to Special Circumstances. Signed by Senior Judge Graham Mullen on 6/13/17. (tob)
May 24, 2017 Opinion or Order Filing 116 ORDER granting 115 Receiver's Ex Parte Motion to Retain Realtor to Sell Residential Property. Signed by Senior Judge Graham Mullen on 5/24/2017. (eef)
May 19, 2017 Opinion or Order Filing 112 ORDER granting 111 Receiver's Motion for Instructions as to Permissible Involvment of Richard W. Davis, Jr. in Liquidating Receivership Estate Property. Signed by Senior Judge Graham Mullen on 5/19/2017. (eef)
May 8, 2017 Opinion or Order Filing 109 ORDER Granting 101 Motion Approving First Application for Compensation to Middleswarth Bowers & Company, LLC, Accountants For the Receiver. Signed by Senior Judge Graham Mullen on 5/8/2017. (jaw)
April 18, 2017 Opinion or Order Filing 99 ORDER granting 94 Motion for Authority to Enter Into Easement Agreement in Exchange for Consideration. Signed by Senior Judge Graham Mullen on 4/18/17. (clc)
April 4, 2017 Opinion or Order 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)
March 8, 2017 Opinion or Order Filing 92 ORDER granting 87 Motion/Application of Receiver to Retain Debbie T. Smith to Appraise 9137 Mt. Holly-Huntersville Road. Signed by Senior Judge Graham Mullen on 3/8/2017. (eef)
February 27, 2017 Opinion or Order Filing 90 ORDER granting 88 Motion Ex Parte Relief for Receiver to retain Real Estate Broker in Virginia by A. Cotten Wright. Signed by Senior Judge Graham Mullen on 2/27/2017. (eef)
February 8, 2017 Opinion or Order Filing 85 ORDER granting 84 Ex Parte Application of Receiver to Retain Appraiser and Broker regarding Commercial Real Property. Signed by Senior Judge Graham Mullen on 2/8/2017. (eef)
January 23, 2017 Opinion or Order Filing 79 ORDER granting 78 MOTION Ex Parte Approval of Appraiser and Realtor regarding Receivership Property. Signed by Senior Judge Graham Mullen on 1/23/2017. (eef)
January 5, 2017 Opinion or Order Filing 77 ORDER granting 76 MOTION Abandonment of 2014 Dodge RAM 2500. The Receiver is authorized to ABANDON the 2014 Dodge RAM 2500 titled to Richard Davis Enterprises, LLC, VIN 3C6UR5PL3EG129266. Signed by Senior Judge Graham Mullen on 1/5/2017. (eef)
November 30, 2016 Opinion or Order Filing 75 ORDER granting 68 First Motion for Compensation to Grier Furr & Crisp, PA, Attorneys for the Receiver. Signed by Senior Judge Graham Mullen on 11/30/2016. (tmg)
November 10, 2016 Opinion or Order Filing 72 ORDER granting 70 Motion to Seal. Signed by Senior Judge Graham Mullen on 11/10/16. (tob)
September 22, 2016 Opinion or Order Filing 64 DEFAULT JUDGMENT AS TO REMAINING RELIEF DEFENDANTS AND ENTRY OF PERMANENT RECEIVERSHIP in favor of Plaintiff against Davis Capital Group, Inc., North Lake Business Park, LLC, Richard Davis Enterprises, LLC. Signed by Senior Judge Graham Mullen on 9/22/2016. (eef)
September 16, 2016 Opinion or Order Filing 62 ORDER granting 59 Motion to Abandon Real Property in McDowell County, North Carolina. Signed by Senior Judge Graham Mullen on 09/16/2016. (jlk)
August 5, 2016 Opinion or Order Filing 50 ORDER granting 47 Motion for Entry of Final Judgment Setting Disgorgement as to Relief Defendants DCG Commercial Holdings, LLC and DCG Commercial LLC. Signed by Senior Judge Graham Mullen on 8/5/16. (ssh)
June 3, 2016 Opinion or Order Filing 4 JUDGMENT AS TO DEFENDANT RICHARD W. DAVIS, JR. - The Defendant shall comply with the directions as set forth in this Order. It is further Ordered, Adjudged, and Decreed that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment. Signed by Chief Judge Frank D. Whitney on 6/2/2016. (chh)
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Plaintiff: US Securities and Exchange Commission
Represented By: Patrick Reinhold Costello
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Defendant: Richard W Davis, Jr.
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Receiver: A. Cotten Wright
Represented By: Anna S. Gorman
Represented By: Michael L. Martinez
Represented By: A. Cotten Wright
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