In re: Receiver for Scott A Kohn and Future Income Payments LLC
| United States of America |
| Future Income Payments LLC and Scott A Kohn |
| FNU LNU |
| Beattie B Ashmore |
| David Valencia |
| Shurwest LLC and Robert G. Rikard |
| 6:2019cv01112 |
| April 15, 2019 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Other Statutory Actions |
| 28 U.S.C. § 754 |
| None |
Docket Report
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This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.
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Filing 53
ORDER granting #52 Motion to Amend/Correct Signed by Honorable Bruce Howe Hendricks on 10/9/20.(fbos, )
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| Filing 52 MOTION to Amend/Correct #51 Order on Motion to Amend/Correct Order of Appointment by United States of America. Response to Motion due by 10/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Watkins, William) |
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Filing 51
ORDER granting #50 Motion to Amend/Correct #40 Third MOTION to Amend/Correct Order of Appointment. Signed by Honorable Bruce Howe Hendricks on 9/1/20.(alew, )
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| Filing 50 MOTION to Amend/Correct #41 Order on Motion to Amend/Correct, #40 Third MOTION to Amend/Correct Order of Appointment by United States of America. Response to Motion due by 9/10/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Watkins, William) |
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Filing 49
ORDER: It is hereby ordered that the Order to Show Cause involving David Valencia is no longer held in abeyance and is hereby dismissed. Signed by Honorable Bruce Howe Hendricks on 8/7/20. (alew, )
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| Filing 47 Withdrawal of Motions: #45 MOTION for Order to Show Cause filed by Beattie B Ashmore.. (Tollison, Lewis) |
| Filing 45 MOTION for Order to Show Cause by Beattie B Ashmore. Response to Motion due by 5/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Nov 11, 2019 Letter, #2 Exhibit B- Jan 27, 2020 Email, #3 Exhibit C- Jan 30, 2020 Email, #4 Exhibit D- Apr 23, 2020 Email)No proposed order.(Tollison, Lewis) |
| Filing 44 SEALED CONSENT ORDER as set out. Signed by Honorable Bruce Howe Hendricks on 3/27/20. (alew, ) Modified to edit text on 3/27/2020 (alew, ). |
| Filing 43 TEXT ORDER granting #42 Motion to Seal. Signed by Honorable Bruce Howe Hendricks on 3/27/20.(alew, ) |
| Filing 42 REDACTED MOTION AND MEMORANDUM IN SUPPORT to Seal by FNU LNU. Response to Motion due by 4/8/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Mathias, Andrew) Modified on 3/26/2020 to edit text (alew, ). |
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Filing 41
ORDER granting #40 Motion to Amend/Correct #1 Order of Appointment as set out. Signed by Honorable Bruce Howe Hendricks on 3/2/20.(alew, )
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| Filing 40 Third MOTION to Amend/Correct #1 Order of Appointment by United States of America. Response to Motion due by 3/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Settlement Agreement and Limited Release)Proposed order is being emailed to chambers with copy to opposing counsel.(Watkins, William) Modified on 2/28/2020 to add linkage (alew, ). |
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Filing 39
ORDER denying #35 Motion to Intervene; granting #30 Motion to Intervene; granting #30 Motion to Lift Stay; granting #30 Motion to Clarify as set out. Signed by Honorable Bruce Howe Hendricks on 1/28/20.(alew, )
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| Filing 38 TEXT ORDER granting #34 Motion to Appear Pro Hac Vice.; granting #33 Motion to Appear Pro Hac Vice as to Jason M Hopkins, Jason S Lewis for Shurwest LLC. Signed by Honorable Bruce Howe Hendricks on 1/28/20.(alew, ) |
| Filing 37 Additional Attachments to Main Document #35 MOTION to Intervene . First attachment description: Ex. A- 2020-01-21 Ciofoletti Order on status conference . (Johnson, IS) |
| Filing 36 RESPONSE in Opposition re #30 MOTION to Intervene MOTION to Lift Stay MOTION re #1 Order Response filed by Shurwest LLC.Reply to Response to Motion due by 1/31/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A: Declaration of Melanie Schulze-Miller, #2 Exhibit B: Ayers v Dixon, et al. Complaint, #3 Exhibit C: Billings v. Dixon, et al. Complaint, #4 Exhibit D: Burgess v. Storer, et al. Amended Complaint, #5 Exhibit E: Ciofoletti v. Securian, et al. Consolidated Second Amended Class Action Complaint, #6 Exhibit F: Deretchin v. Storer, et al. Complaint, #7 Exhibit G: Hess v. Storer, et al. Amended Complaint, #8 Exhibit H: Leland v. Brown, et al. Complaint, #9 Exhibit I: Mckinnon v. Minnesota Life Ins. Co., et al. Complaint, #10 Exhibit J: Metzner v. Swerdlow, et al. Complaint, #11 Exhibit K: Page v. Minnesota Life Ins. Co., et al. Complaint, #12 Exhibit L: Rich v. Dixon, et al. Complaint, #13 Exhibit M: Stegelin v. Dixon, et al. Amended Complaint, #14 Exhibit N: W. Tolleson v. Ltr. to I.S. Leevy Johnson)(Johnson, IS) |
| Filing 35 MOTION to Intervene by Shurwest LLC. Response to Motion due by 2/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Johnson, IS) Modified on 1/29/2020; see docket entry #37 additional attachment (alew, ). |
| Filing 34 MOTION to Appear Pro Hac Vice by Jason Hopkins ( Filing fee $ 250 receipt number 0420-8904722) by Shurwest LLC. Response to Motion due by 2/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Pro Hac Vice Application)No proposed order.(Johnson, IS) (Additional attachment(s) added on 1/27/2020: #2 Supreme Court of Texas Certificate of Good Standing) (alew, ). (Attachment 1 replaced on 1/27/2020) (alew, ). Modified on 1/27/2020 to replace with corrected documents provided by filing user (alew, ). |
| Filing 33 MOTION to Appear Pro Hac Vice by Jason Lewis ( Filing fee $ 250 receipt number 0420-8904672) by Shurwest LLC. Response to Motion due by 2/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Pro Hac Vice Application)No proposed order.(Johnson, IS) (Additional attachment(s) added on 1/27/2020: #2 Supreme Court of Texas Certificate of Good Standing) (alew, ). Modified on 1/27/2020 to add corrected document document provided by filing user (alew, ). |
| Filing 31 NOTICE of Appearance by IS Leevy Johnson on behalf of Shurwest LLC;NOTICE of Motion to intervene by Shurwest LLC. (swel, ) |
| Filing 30 MOTION to Intervene , MOTION to Lift Stay ( Response to Motion due by 1/21/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), MOTION to Clarify re #1 Order by Robert G. Rikard. (Attachments: #1 Exhibit A - List of Filed Cases, #2 Exhibit B - Courts Staying Matters)No proposed order.(Rikard, Robert) (Main Document 30 replaced on 1/6/2020) (alew, ). Modified on 1/6/2020 to replace with corrected document per attorney request, to edit text, to remove duplicate text (alew, ). |
| Filing 29 TEXT ORDER placing in abeyance the Courts October 2, 2019 #14 Order to Show Cause with respect to Mr. David Valencia. The Receiver has requested that the Court hold this matter in abeyance pending the conclusion of the Receivers request for information from Mr. Valencia via his counsel and his compliance with the Court-ordered production of information. The request is granted, and this limited portion of the case is placed in abeyance. The Receiver is directed to inform the Court as soon as the conditions predicate to moving forward with further proceedings as to Mr. Valencia are satisfied and the abeyance can be lifted. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 11/14/19. (alew, ) |
| Filing 28 CERTIFICATE OF SERVICE by Beattie B Ashmore re #26 Order,, (Tollison, Lewis) |
| Filing 27 REPLY by Beattie B Ashmore to #23 Response to Order to Show Cause . (Tollison, Lewis) |
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Filing 26
ORDER directing Paramount to respond to and engage in discovery with the Receiver regarding the approximately $8.5 million in ill-gotten money it allegedly received from a fraudulent investment scheme orchestrated and carried out by Kohn, FIP and others.PARAMOUNT IS CAUTIONED THAT FAILURE TO COMPLY WITH THIS ORDER COULD RESULT IN SANCTIONS FOR CONTEMPT.The Receiver is directed to serve the Order on Paramount, and to file proof of service with the Court. Signed by Honorable Bruce Howe Hendricks on 11/7/19. (kmca, )
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| Filing 25 TEXT ORDER: the Receiver is directed to file a reply to ECF No. #23 Response to #14 Order to Show Cause no later than Friday, November 8, 2019. Signed by Honorable Bruce Howe Hendricks on 10/29/19. (alew, ) |
| Filing 24 DELETION OF DOCKET ENTRY NUMBER 24 Reason: per chambers (alew, ) |
| Filing 23 RESPONSE TO #14 ORDER TO SHOW CAUSE by David Valencia. (Weaver, Zachary) Modified on 10/28/2019: to add link to #14 order (kmca). |
| Filing 22 NOTICE of Appearance by Zachary Lee Weaver on behalf of David Valencia (Weaver, Zachary) |
| Filing 21 CERTIFICATE OF SERVICE by Beattie B Ashmore re #19 Order on Motion for Order to Show Cause (Tollison, Lewis) |
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Filing 19
ORDER granting #12 Motion for Order to Show Cause as set out. Signed by Honorable Bruce Howe Hendricks on 10/17/19.(alew, )
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| Filing 18 TEXT ORDER granting Mr. David Valencia through October 25, 2019 to file a response to the Court's #14 Order to Show Cause. Signed by Honorable Bruce Howe Hendricks on 10/17/19. (alew, ) |
| Filing 17 Letter from Attorney Walt Tollison re: extension of time to respond to #14 Show Cause Order. (alew, ) |
| Filing 16 CERTIFICATE OF SERVICE by Beattie B Ashmore re #14 Order on Motion for Order to Show Cause (Tollison, Lewis) |
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Filing 14
ORDER granting #10 Motion for Order to Show Cause as set out. Signed by Honorable Bruce Howe Hendricks on 10/2/19.(alew, )
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| Filing 13 AFFIDAVIT of Service for Petition for Rule to Show Cause served on Douglas R. Andrew, Registered Agent for Paramount Financial Services, Inc. on 9/24/2019, filed by Beattie B Ashmore. (Attachments: #1 Main Document Return of Service)(Tollison, Lewis) |
| Filing 12 MOTION for Order to Show Cause by Beattie B Ashmore. Response to Motion due by 10/8/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Receiver Correspondence, #2 Exhibit B - Spreadsheet)No proposed order.(Tollison, Lewis) |
| Filing 11 AFFIDAVIT of Service for Petition for Rule to Show Case served on Yolanda Valencia (Wife of David Valencia) on 9-16-19, filed by Beattie B Ashmore. (Attachments: #1 Main Document Affidavit of Service)(Tollison, Lewis) |
| Filing 10 MOTION for Order to Show Cause by Beattie B Ashmore. Response to Motion due by 9/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Receiver Correspondence, #2 Exhibit B- FIP Spreadsheet Excerpt)No proposed order.(Tollison, Lewis) |
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Filing 9
ORDER granting #8 Motion to Amend/Correct #7 Order of Appointment as set out. Signed by Honorable Bruce Howe Hendricks on 7/18/19.(alew, )
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| Filing 8 MOTION to Amend/Correct #7 Order on Motion to Amend/Correct by United States of America. Response to Motion due by 7/31/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Watkins, William) |
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Filing 7
ORDER granting #6 Motion to Amend Order of Appointment filed April 15, 2019 Signed by Honorable Bruce Howe Hendricks on 4/30/19.(fbos, )
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| Filing 6 MOTION to Amend/Correct #1 Order by United States of America. Response to Motion due by 5/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Watkins, William) |
| Filing 5 NOTICE of Appearance by William J Watkins, Jr on behalf of United States of America (Watkins, William) |
| Filing 3 NOTICE of Appearance by Lewis Walter Tollison, III on behalf of Beattie B Ashmore (Tollison, Lewis) |
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Filing 1
ORDER APPOINTING RECEIVER AND ESTABLISHING CIVIL ACTION NUMBER. Signed by Honorable Bruce Howe Hendricks on 4/15/19. (alew, )
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