Parties file Notice of Consent to enter Order granting Motion to Compel
Posted by Don on January 16th, 2013
| Date Filed | # | Docket Text |
|---|---|---|
| 01/16/2013 | 114 | NOTICE by Receiver for Rex Ventures Group, LLC re 92 MOTION to Compel Production of Documents from Recent Movants Notice of Consent to Enter Order Granting Motion to Compel (Attachments: # 1 Proposed Order)(Brenner, Irving) (Entered: 01/16/2013) |
| 01/16/2013 | 115 | ORDER denying as moot 73 Motion to Quash. Signed by Senior Judge Graham Mullen on 1/16/2013. (Pro se litigant served by US Mail.)(eef) (Entered: 01/16/2013) |
I was hoping something happened along these lines this week, as people keep talking about the “deadline” of Jan 12th mentioned in the extension of time motions. The actual deadline to file something about the Release of Third Party Funds was the Later of January 12th or 5 days after the production of documents relative to the Motion to Compel the production of those documents. So, in order to get something done about the E-wallets, both sides agree to granting the Order and sent along a Proposed Order.
Within the Proposed Order it says this:
Having read the Order it appears the Receiver will get quite a lot of material from Craddock, Fun Club, Sorrel and the Kettners that directly relates to moneys in and out of Zeek, the e-wallet accounts, back office materials, e-mails, passwords and related documents. This is what has been compelled so far but the Order does not limit further discovery. It appears that Quilling’s clients will have roughly three weeks to produce the materials.
Thanks for the Pacer work Don.
An obvious win for the Receivership even if Bell did not get ALL of what he wanted.
So far, it is still a Proposed Order, but one that all parties consent to. It still requires the judge to sign it; then, maybe we can get to the release of Third Party Funds… I am all atwitter…
The Kettner’s Emergency Motion to Unfreeze Assets asks for release of the e-wallet funds.
The Receiver will respond that the funds are rightfully under his control and should not be released until the clawback litigation is complete.
Not that the Receiver does not already know, but the present limited discovery will further show that there was commingling of estate and Movant assets within the e-wallet accounts and as such, the estate has a claim aginst them and they can not be released. Whether more than that is revealed is to be seen. Quilling has negotiated a collar on discovery for now but it may come off at a later time.