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General Information and Documents
for ABC Viaticals, Inc.
中文 - Chinese

General Information

Information for Investors

INVESTOR UPDATE (Updated 06-29-2015)

On September 17, 2014, the Receiver filed his Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4). That report explains the proposed final distribution for each investor with an approved claim. It also summarizes the assets collected, expenses incurred, and results obtained during the course of these proceedings.

On June 25, 2015, the Court entered its Order Approving Receiver's Final Report and Proposed Final Distribution Plan. That order authorizes the Receiver to make the final distribution to investors with an approved claim.

The Receiver expects to have all distribution checks mailed by July 10, 2015.

IMPORTANT NOTICE (Updated 06-22-2015): The Court has entered its Order Approving Receiver's Twelfth Motion to Allow “A” Claims. Before the Receiver can begin issuing final distribution checks, the Court must also enter an order approving the Receiver’s Final Report and Proposed Final Distribution Plan. The Receiver filed that report on September 17, 2014, and the Court is aware of it but has not yet ruled. As soon as it is approved, the Receiver will begin processing final distribution checks. We thank you for your continued patience in the interim.

IMPORTANT NOTICE (Updated 09-23-2014): The Receiver has filed his Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4). After making an interim distribution of $15 million in 2011, the Receiver collected additional amounts and successfully defended against C. Keith LaMonda’s numerous lawsuits and appeals attempting to recover the receivership estate’s remaining assets. As a result, the receivership estate currently has $9,138,181.69. An overview of its assets and expenses is contained in Exhibit 1 and Exhibit 2 to the Final Report.

The Final Report and Proposed Final Distribution Plan seeks authority to pay the estate’s remaining expenses and to make the final distribution of $8,535,343.80 to the 3,912 investors. A summary of the proposed final distribution is contained in Exhibit 3 to the Final Report. Combined with the $15 million interim distribution in 2011, the final distribution will result in a 20.27% total return to the investors.

The Receiver has also filed a Twelfth Motion to Allow “A” Claims. If granted, that motion would permit fifteen additional investors to participate in the final distribution for a total of 3,912 approved “A” claimants.

The Receiver cannot make the final distribution until the Court allows the remaining “A” claims, approves the final report, and authorizes the final distribution. After that occurs, the Receiver can begin sending final distribution checks to the address of investors with approved “A” claims. Any investors who believe they have an approved claim but did not receive an interim distribution check in 2011 should contact Stephen Tomasky at secreceiver@qslwm.com.

IMPORTANT NOTICE (Updated 09-30-2013): C. Keith LaMonda filed a claim asking the Court to pay essentially all of the remaining receivership estate assets to him, rather than to the investors with approved claims. The Receiver, the SEC, and the Examiner have opposed those efforts.

The U.S. Magistrate Judge conducted a hearing on LaMonda's claim on February 20, 2013. Following the hearing, she entered Findings, Conclusions, and Recommendations that his claim should be denied. LaMonda filed Objections that were overruled by the U.S. District Judge's Order adopting the findings and recommendation. On April 29, 2013, LaMonda filed a Notice of Appeal asking the U.S. Court of Appeals for the Fifth Circuit to review the decision denying his claim.

The District Court also entered an Order on July 22, 2013, that required LaMonda to pay the full costs for his appeal because it is not taken in good faith or based upon an accurate view of the law. LaMonda asked the Court of Appeals to reconsider that issue as well. The Receiver filed his Response Brief with the Court of Appeals on October 3, 2013.

The Court of Appeals entered an Order denying LaMonda’s appeals and dismissing them as frivolous. As a result, the Receiver will not have to pay any of the remaining receivership estate assets to LaMonda and, instead, those funds will be available for a final distribution to the investors.

IMPORTANT NOTICE (Updated 11-30-2011): On November 28, 2011, the Receiver and the Examiner filed a Joint Status Report updating the status of the ABC Receivership Estate. A copy of the report can be viewed here.

Several investors have asked whether they can still send in claims for money they invested with ABC Viaticals. We will try to get those claims approved but it is important that you act quickly. If you have not yet sent the Receiver a claim form or if you need to make changes to your existing claim, please contact Stephen Tomasky at secreceiver@qslwm.com.

IMPORTANT NOTICE (Updated 10-17-2011): The Receiver has mailed all checks from the first interim distribution to investors. Any investors who believe they have an approved claim and did not receive a check should contact Stephen Tomasky at secreceiver@qslwm.com.

IMPORTANT NOTICE (Updated 10-17-2011): The Receiver has recently settled two lawsuits that recovered a substantial amount of money for the receivership estate.

In 2007, the Receiver filed a lawsuit in the United States District Court against Erwin & Johnson LLP and Christopher R. Erwin for their roles as ABC Viaticals' trustee and escrow agent. That case recently settled and the details of the settlement can be found here.

In 2010, the Receiver filed a lawsuit in the United Kingdom against DMH Stallard and Christopher John William Stenning for their role in ABC Viaticals purchasing bonds from Albatross Invest S.p.a. that proved to be fraudulent. That case recently settled and the details of the settlement can be found here.

Those two settlements conclude all of the lawsuits the Receiver filed to recover money in this case. The Receiver is now in final stages of selling LaMonda's remaining property, which includes his house in Kissimmee, Florida. After his remaining property is sold, the Receiver will recommend that the Court approve a final distribution to the investors.

IMPORTANT NOTICE (Updated 03-29-2011): The Court has entered an Order approving the Receiver's status report and proposed interim distribution. He is currently working to generate 3,897 checks and deliver them to investors. Please be patient during that process because it requires a great deal of work by the Receiver and his claim analysts.

The Receiver is also making arrangements to deliver checks to one central location in Tawian where the investors located there can personally appear and pick them up. We will post an advance notice on this website once those arrangements are finalized.

IMPORTANT NOTICE (Updated 01-25-2011): The Receiver has filed his Status Report and Proposed Interim Distribution (Exhibit 1 - Exhibit 2), which summarizes the Receiver's finances and activities to date. That report also outlines the Receiver's plan to make a $15 million interim distribution to all investors holding an allowed claim. As explained more fully in the report, a $15 million interim distribution would pay each investor 12.94% of his or her allowed claim. The Receiver has asked the Court to consider that proposal and enter an order authorizing him to make the interim distribution. Future updates about the status of that distribution will be posted on this website.

IMPORTANT NOTICE (Updated 08-20-2010): The SEC filed its Unopposed Motion to Dismiss Monetary Claims Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. on August 31, 2009. On September 3, 2009, the Court entered Final Judgment in this case against them. That final judgment permanently prohibits them from engaging in certain conduct governed by United States securities laws. To date, both Keith LaMonda and Jesse LaMonda remain in federal prison for crimes committed in selling viatical investments.

On August 12, 2010, the Receiver joined the SEC and Examiner in filing a Joint Status Report about the remaining claims and parties in this case.

IMPORTANT NOTICE (Updated 11-10-2008): On September 23-24, 2008, the Court held an evidentiary hearing on the Receiver's Motion to Sell All Insurance Policies (Exhibit 1 - Exhibit 2). Investors can view a copy of the transcript, which is available here: Part 1 | Part 2. In attendance at that hearing were the Receiver, the Examiner, the SEC, four representatives for the Taiwanese investors, one representative for the Puerto Rican investors, and bidders interested in purchasing the portfolio of insurance policies.

On the first day of the hearing, the Receiver conducted an auction for the portfolio of insurance policies under the Court's supervision. The starting bid was $27.1 million and the final bid was $33.5 million from Settlement Group, Inc. As the winning bidder, Settlement Group, Inc. will also reimburse the Receiver for all premiums paid on the policies since July 1, 2008, which through October 2008 is an additional $2.6 million.

Following the auction, the parties presented arguments and evidence to help the Court determine whether it would approve the sale of policies for $33.5 million. Each party--including the investors from Taiwan and Puerto Rico--was allowed to state its position, present evidence, and ask questions of the Receiver.

The primary issue at the hearing was whether the Court should delay approval of the sale for three weeks and allow an actuary to prepare life expectancy reports for the insurance policies and a valuation of the portfolio. While the Receiver, the SEC, and the Examiner did not oppose the delay, the Court had the final decision about whether it was in the investors' best interests.

On October 6, 2008, the Court entered an Order (Exhibit 1) approving the sale of insurance policies for $33.5 million and denying the request for a three-week delay. That order has extensive findings of fact and conclusions of law explaining the decision. Among other things, the Court noted that (1) the bidders had already done something "very similar" to what the actuary was proposing, (2) the value of a delay was "uncertain" to bring more bidders or a higher bid price for the insurance policies, and (3) selling the policies for $33.5 million "is the only viable option and is in the best interests of the investors at this time."

On October 13, 2008, the Puerto Rican investors filed a Motion for Reconsideration. On October 21, 2008, the Puerto Rican investors also filed an Emergency Motion for Stay of the Magistrate's Order. The Court entered its Order denying those motions on October 29, 2008.

On November 5, 2008, the Puerto Rican investors filed an Emergency Motion to Stay and Reconsider the Court's Decision followed by an Amended Emergency Motion to Stay and Reconsider the Court's Decision (Exhibit A - Exhibit B - Exhibit C - Exhibit D). The Court entered its Order on November 6, 2008, granting that motion in part and staying the sale of ABC's insurance policies through November 13, 2008. In particular, the Court authorized the Receiver to evaluate other prospective offers to purchase the portfolio of insurance policies and determine if they are superior to the sale for $33.5 million.

On November 11, 2008, the only interested party notified the Receiver that it was not going to submit a bid to purchase the portfolio of inusrance policies. The Court then entered an Agreed Order Terminating Stay, which permitted the Receiver to close the sale for $33.5 million.

IMPORTANT NOTICE (04-01-2008): The Examiner has posted an investor update on his website that answers various questions recently submitted by investors.

IMPORTANT NOTICE (01-02-2008): The Examiner has posted an investor update on his website that answers various questions recently submitted by investors.

IMPORTANT NOTICE (09-24-2007): In order to file a claim in this case, investors must fill out the court-approved claim form and return it to the Receiver with the requested supporting documents. Upon receiving your claim, the Receiver will send you a notecard with your assigned claim ID number. Should the personal information on your claim form change for any reason, please notify the Receiver at secreceiver@qsclpc.com.

If you wish to transfer your claim to another claimant, you may do so by using the Notice of Claim Transfer that the Examiner published on his website in July 2007.

IMPORTANT NOTICE (09-17-2007): The Receiver has prepared an investor update that briefly describes the progress made in both collecting investor information and recovering investor funds.

IMPORTANT NOTICE (07-18-2007): On July 12, 2007, the Receiver reached a comprehensive settlement with the LaMonda family members, including Keith and Jesse LaMonda. The Receiver has prepared an investor update summarizing the most important terms of that settlement.

IMPORTANT NOTICE (06-14-2007): A number of investors have contacted the Receiver and the Examiner asking about the work done to date and the fees and expenses charged. In response, the Receiver and Examiner prepared an investor update summarizing the most significant accomplishments as of June 14, 2007. This summary is posted for the benefit of all investors, but the most current and specific information is still provided on www.secreceiver.com/abc/ and www.abcexaminer.com.

IMPORTANT NOTICE (11-30-2006): Due to the large number of investors in this case, the Court has appointed Steven A. Harr of Munsch, Hardt, Kopf & Harr, P.C. to act as Examiner on their behalf. According to the Order Appointing Examiner, Mr. Harr is to monitor the Receiver's activities, communicate with investors, and to voice their collective interests on matters before the Court.

Investors are encouraged to view the Examiner's website at www.abcexaminer.com for more specific information relating to investors.

Lawsuit by the SEC and Appointment of Receiver

On November 17, 2006, the United States Securities and Exchange Commission ("SEC") filed a Complaint against ABC Viaticals, Inc., C. Keith LaMonda, and Jesse W. LaMonda, Jr., Defendants, and LaMonda Management Family Limited Partnership, Structured Life Settlements, Inc., Blue Water Trust, and Destiny Trust, Relief Defendants, alleging violation of the federal securities laws. On that same day, and by agreement of the parties, the court issued an Agreed Preliminary Injunction, Order Freezing Assets, Order Requiring an Accounting and Order Requiring Preservation of Documents and an Order Appointing Receiver. As a result of those Orders, all of the assets of the Defendants and Relief Defendants were frozen. In addition, Michael J. Quilling was appointed Receiver for ABC Viaticals, Inc. and the Relief Defendants.

On November 29, 2006, the Receiver filed his Unopposed Motion to Appoint Examiner. On November 30, 2006, the Court granted issued its Order Appointing Examiner.

On December 1, 2006, the Receiver filed his Unopposed Motion to Use Policy Proceeds and Premium Escrow Reserves (Pool Assets). That same day the Court issed its Order Pooling Receivership Assets.

On December 1, 2006, the Receiver also filed his Unopposed Motion to Modify Order Appointing Receiver. On December 4, 2006 the Court issued its Order Clarifying and Modifying Order Appointing Receiver.

On February 1, 2007, Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. filed their Unopposed Joint Motion to Extend Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint. The Court issued its Order granting Defendants' motion on February 5, 2007. On March 28, 2007, Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. filed their Unopposed Joint Motion to Extend Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint. On March 29, 2007, the Court entered its Order granting Defendants' motion. The Court entered an Amended Order on March 30, 2007, that extended Defendants' time to respond until May 31, 2007. On May 29, 2007, Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. filed their Unopposed Joint Motion to Extend Time to Answer Plaintiff's Complaint. On June 7, 2007, the Court entered its Order granting Defendants' motion. On July 20, 2007, Defendants filed Keith LaMonda's Original Answer and Jesse W. LaMonda Jr.'s Original Answer.

On July 6, 2007, the SEC filed its Unopposed Motion to Enter Agreed Interlocutory Judgment of Permanent Injunction. On July 13, 2007, the Court entered an Agreed Interlocutory Judgment of Permanent Injunction.

The SEC filed its Unopposed Motion to Dismiss Monetary Claims Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. on August 31, 2009. On September 3, 2009, the Court entered Final Judgment in this case against them. That final judgment permanently prohibits them from engaging in certain conduct governed by United States securities laws. To date, both Keith LaMonda and Jesse LaMonda remain in federal prison for crimes committed in selling viatical investments.

On November 29, 2011, the Court entered the Agreed Final Judgment against ABC Viaticals, Inc. and permanently enjoining it and its officers from engaging in the fruadulent sale of securities.

Activities of the Receiver

On December 18, 2006, the Receiver filed a Preliminary Report describing the activities and known assets of the Defendants and Relief Defendants.

On January 16, 2007, the Reciever filed his Motion to Establish Claim Procedure Plan and to Approve Claim Form and Supporting Exhibits (Exhibit A - Exhibit B - Exhibit C - Exhibit D). On January 18, 2007, the Court issued an Order approving the Receiver's plan.

On December 1, 2006, the Receiver filed his Unopposed Motion for Authority to Enter into an Agreement for Bank Financing. On December 4, 2006, the Court entered its Order Authorizing Receiver to Obtain Bank Financing. On March 8, 2007, the Receiver filed his Unopposed Motion to Approve Bank Financing and Request for Expedited Consideration. On March 16, 2007, the Court entered its Order granting the Receiver's motion. On June 25, 2007, the Receiver filed his Unopposed Motion to Increase Bank Financing Facility and Request for Expedited Consideration. That day, the Court entered its Order Authorizing Receiver to Increase Bank Financing. On February 6, 2008, the Receiver filed his Second Unopposed Motion to Increase Bank Financing. That day, the Court entered its Order Authorizing Receiver to Increase Bank Financing. On February 27, 2008, the Receiver filed his Third Unopposed Motion to Increase Bank Financing. The Court entered its Order Authorizing Receiver to Increase Bank Financing on February 29, 2008. On June 27, 2008, the Receiver filed his Fourth Unopposed Motion to Increase Bank Financing. The Court entered its Order Authorizing Receiver to Increase Bank Financing on June 30, 2008.

On December 21, 2006, the Receiver filed his Unopposed Motion for Authority to Employ National Viatical, Inc. The Court issued its Order Authorizing Employment of National Viatical, Inc. Nunc Pro Tunc on December 29, 2006.

On March 16, 2007, the Receiver filed his Unopposed Motion for Authority to Pay Taxes and Brief in Support. On March 20, 2007, the Court entered its Order granting the Receiver's motion.

On April 4, 2007, the Receiver filed his Unopposed Motion to Return Unmatched Funds. On April 18, 2007 the Court entered its Order Authorizing Return of Unmatched Funds.

On February 1, 2008, the Receiver filed his Unopposed Motion to Solicit Bids for Purchase of Policies and to Set Sale Procedures (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6). On February 4, 2008, the Court entered its Order granting the motion.

On June 30, 2008, the Receiver filed his Motion to Sell All Insurance Policies (Exhibit 1 - Exhibit 2). In it, the Receiver asks the Court (1) to set a hearing date to oversee the second round of bidding by auction and (2) to approve the final sale price at the conclusion of that auction.

On July 9, 2008, the Court entered an Order of Reference referring any hearing on the Receiver's motion to U.S. Magistrate Judge Ramirez.

On October 6, 2008, the Court entered an Order (Exhibit 1) approving the sale of insurance policies for $33.5 million, which was the highest sales price after the second round of bidding.

On August 12, 2010, the Receiver joined the SEC and Examiner in filing a Joint Status Report about the remaining claims and parties in this case.

On January 12, 2011, the Receiver filed his Status Report and Proposed Interim Distribution (Exhibit 1 - Exhibit 2), which summarizes the Receiver's finances and activities to date. That report also outlined the Receiver's plan to make a $15 million interim distribution to investors holding a total of 3,897 allowed claims. As explained more fully in the report, a The Court entered an Order approving the report and proposed distribution on March 22, 2011. $15 million interim distribution would pay each investor 12.94% of his or her allowed claim.

On September 17, 2014, the Receiver filed his Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4), which summarizes the Receiver's finances and activities to date. That report also outlines the Receiver's plan to make a $8,535,343.80 final distribution to investors holding a total of 3,912 allowed “A” claims. Combined with the $15 million interim distribution in 2011, the final distribution will result in a 20.27% total return to the investors. On June 25, 2015, the Court entered its Order Approving Receiver's Final Report and Proposed Final Distribution Plan. That order authorizes the Receiver to make the final distribution to investors with an approved claim.

The Receiver expects to have all distribution checks mailed by July 10, 2015. If you have an approved claim and have not received a final distribution check by July 24, 2015, please contact Stephen Tomasky at secreceiver@qslwm.com.

Approval and Distribution of Investor Claims

On May 1, 2008, the Receiver filed his First Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on June 3, 2008.

On June 4, 2008, the Receiver filed his Second Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on June 9, 2008.

On July 1, 2008, the Receiver filed his Third Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on July 3, 2008.

On August 4, 2008, the Receiver filed his Fourth Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on September 12, 2008.

On September 2, 2008, the Receiver filed his Fifth Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on October 3, 2008.

On October 6, 2008, the Receiver filed his Sixth Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on November 6, 2008.

On November 3, 2008, the Receiver filed his Seventh Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on December 3, 2008.

On December 1, 2008, the Receiver filed his Eighth Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on January 5, 2009.

On February 8, 2010, the Receiver filed his Motion to Disallow/Adjust "A" Claims (Exhibit 1) asking the Court to revise 14 claims to more accurately reflect amounts the claimants actually invested or amounts they already received. The Court entered an Order approving those claims on May 27, 2009.

On February 8, 2010, the Receiver filed his Ninth Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on February 11, 2010.

On March 10, 2010, the Receiver filed his Motion to Vacate in Part Orders Allowing "A" Claims and to Allow Corrected "A" Claims (Exhibit A) to correct clerical mistakes in 13 allowed claims. The Court entered an Order approving those claims on May 27, 2010.

On May 27, 2010, the Receiver filed his Tenth Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on May 28, 2010.

On June 1, 2010, the Receiver filed his Motion to Adjust "A" Claims (Exhibit 1). The Court entered an Order approving those claims on June 2, 2010.

On December 10, 2010, the Receiver filed his Eleventh Motion to Allow "A" Claims (Exhibit 1). The Court entered an Order approving those claims on January 4, 2011.

On September 17, 2014, the Receiver filed his Twelfth Motion to Allow “A” Claims. The Court entered and Order approving those Claims on June 19, 2015.

Activities Related to Keith LaMonda and Jesse LaMonda

On July 12, 2007, the Receiver filed his Agreed Motion to Approve Compromise and Settlement Agreement and Request for Expedited Consideration (Exhibit A). The Court entered its Order approving that agreement on July 17, 2007.

On February 8, 2010, C. Keith LaMonda filed a Dual Motion to Appear Pro Se and Reconfirm the Compromise and Settlement. LaMonda then filed a Notice terminating his counsel of record. The Receiver filed his Response arguing that the Court has resolved all claims against LaMonda and he has no standing to continue participating in this case from prison. LaMonda filed his Reply. The Court entered an Order denying LaMonda's request.

On March 29, 2010, LaMonda filed a Motion Requiring Receiver to Provide an Accounting. The Receiver filed his Response stating that LaMonda is no longer a party and has no standing to participate in the lawsuit and LaMonda filed his Reply. The Court entered an Order denying LaMonda's request.

C. Keith LaMonda then filed a claim asking the Court to pay essentially all of the remaining receivership estate assets to him, rather than to the investors with approved claims. The Receiver, the SEC, and the Examiner have opposed those efforts.

The U.S. Magistrate Judge conducted a hearing on LaMonda's claim on February 20, 2013. Following the hearing, she entered Findings, Conclusions, and Recommendations that his claim should be denied. LaMonda filed Objections that were overruled by the U.S. District Judge's Order adopting the findings and recommendation. On April 29, 2013, LaMonda filed a Notice of Appeal asking the U.S. Court of Appeals for the Fifth Circuit to review the decision denying his claim.

The District Court also entered an Order on July 22, 2013, that required LaMonda to pay the full costs for his appeal because it is not taken in good faith or based upon an accurate view of the law. LaMonda asked the Court of Appeals to reconsider that issue. The Court of Appeals entered an Order denying LaMonda’s appeals and dismissing them as frivolous. As a result, the Receiver will not have to pay any of the remaining receivership estate assets to LaMonda and, instead, those funds will be available for a final distribution to the investors.

Activities Related to Donald S. Kaplan

On April 6, 2007, the Receiver filed his Motion for Show Cause Hearing Regarding Commissions Paid to Donald S. Kaplan and Supporting Exhibits. On May 1, 2007, the Court entered its Order directing Kaplan to respond to the Receiver's Motion.

On May 10, 2007, the Receiver filed a Motion Approve Stipulation Extending Donald S. Kaplan's Time to Respond. On May 14, 2007, the Court entered an Order extending Donald S. Kaplan's time to respond. On June 1, 2007, the Receiver filed a Motion to Approve Second Stipulation Extending Donald S. Kaplan's Time to Respond. On June 7, 2007, the Court entered an Order extending Donald S. Kaplan's time to respond.

On June 14, 2007, Kaplan filed his Response Brief and Motion to Dismiss. On June 27, 2007, the Receiver filed his Response to Donald S. Kaplan's Motion to Dismiss and Combined Reply Brief Supporting the Receiver's Motion for Show Cause Hearing and Expedited Consideration. On July 11, 2007, Kaplan filed his Reply Brief. On August 10, 2007, the Court entered its Order granting the Receiver's Motion for Show Cause Hearing and denying Kaplan's Motion to Dismiss.

On August 29, 2007, the Court entered its Order Requiring Attorney Conference, which directed the parties to file a Joint Proposal for Discovery and Hearing Dates by September 28, 2007. After the parties submitted their joint proposal, the Court entered its Scheduling Order on October 22, 2007. On December 14, 2007, the parties filed a Motion for Agreed Order Permitting a Supplemental Expert Report, which was granted in an Agreed Order entered on December 19, 2007.

On January 18, 2008, the parties filed a Motion to Approve an Agreed Order that would protect the ABC investors' personal and financial information from unnecessary disclosure in these proceedings. The Court entered the Agreed Order on January 24, 2008.

On February 7, 2008, the Receiver filed a Motion for Agreed Order Extending Discovery Deadlines that gave the Receiver and Donald Kaplan until March 12, 2008, to explore a settlement agreement or else complete discovery. The Court entered the Agreed Amended Scheduling Order on February 8, 2008.

On March 12, 2008, the Receiver filed a Second Motion for Agreed Order Extending Discovery Deadlines to further explore the possibility of settlement. The Court granted the motion by entering its Second Agreed Amended Scheduling Order on March 14, 2008.

On March 25, 2008, Donald Kaplan filed his Motion for Agreed Order for Protection of Private Financial Records to protect from disclosure the personal financial information that he agred to provide the Reciever in connection with their settlement negotiations. The Court entered that Agreed Order on March 31, 2008.

On April 8, 2008, the Receiver filed a Third Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations. The Court entered a Third Agreed Amended Scheduling Order on April 10, 2008.

On May 29, 2008, the Receiver filed a Fourth Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations. The Court entered a Fourth Agreed Amended Scheduling Order on June 3, 2008.

On August 27, 2008, the Receiver filed a Fifth Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations. The Court entered a Fifth Agreed Amended Scheduling Order on August 28, 2008.

On October 17, 2008, the Receiver filed Sixth Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations. The Court entered a Sixth Agreed Amended Scheduling Order on October 20, 2008.

On December 3, 2008, the Receiver filed Seventh Motion for Agreed Order Extending Discovery Deadlines to continue settlement negotiations. The Court entered a Seventh Agreed Amended Scheduling Order on December 8, 2008.

After viewing Donald Kaplan's financial condition and records of his assets, the Receiver filed a Motion for Agreed Order Approving Settlement Agreement with Donald Kaplan (Exhibit 1) on January 30, 2009. As part of that settlement, Donald Kaplan agreed to pay the Receiver $160,000. The Receiver believes that settlement amount is the best and highest recovery that can be achieved without incurring significant litigation expenses. It would also result in a net recovery for the receivership estate. The Court, therefore, entered an Agreed Order approving that settlement agreement on February 2, 2009. The Receiver then filed his Notice Withdrawing Motion for Show Cause Hearing on March 25, 2009, in accordance with the parties' settlement agreement.

Activities Related to Jason Sun

On April 16, 2009, the Receiver filed his Motion for Show Cause Hearing Regarding Commissions Paid to Jason Sun (Exhibit A - Exhibit B - Exhibit C). Through that motion, the Receiver asks the Court to disgorge up to $6,669,429.72 in commissions paid to or for the benefit of a sales agent named Jason Sun. The Receiver alleges that Jason Sun was primarily responsible for recruiting Taiwanese investors into the ABC investment scheme.

The Court entered an Order directing Jason Sun to respond by May 17, 2009. With the Receiver's agreement, the Court entered additional Orders (1 - 2 - 3 - 4 - 5 - 6 - 7) extending Jason Sun's response date while the parties discuss potential settlement agreements. Given the extended settlement discussions, the Court entered an Order dismissing the motion while the parties continued negotiating. Should those negotiations prove unsuccessful, the Receiver may re-file the motion at any time.

Activities Related to Receivership Estate Assets

On August 8, 2007, the Receiver filed his Unopposed Motion to Sell 2003 Lincoln Aviator. On August 9, 2007, the Court entered its Order Approving Sale.

On August 8, 2007, the Receiver filed his Unopposed Motion to Sell 2006 Mercedes Benz CLS500. On August 9, 2007, the Court entered its Order Approving Sale.

On August 15, 2007, the Receiver filed his Unopposed Motion to Sell 2006 Cadillac SRX. On August 16, 2007, the Court entered its Order Approving Sale.

On August 16, 2007, the Receiver filed his Unopposed Motion to Sell Real Property at Private Sale (3923 Muscadine Trail in Gainesville, Georgia). That day, the Court entered its Order Approving Sale. On January 24, 2008, the Receiver filed his Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (Exhibit A). On January 25, 2008, the Court entered its Order approving the sale.

On August 22, 2007, the Receiver filed his Unopposed Motion to Sell 2006 Jeep Grand Cherokee Laredo. On August 29, 2007, the Court entered its Order Approving Sale.

On September 17, 2007, the Receiver filed his Unopposed Motion to Sell 2005 Chrysler Town & Country. On September 18, 2007, the Court entered its Order Approving Sale.

On October 12, 2007, the Receiver filed his Motion to Retain Appraisers (1730 Parkwood in Moberly, Missouri). That day, the Court entered its Order granting the motion. On January 24, 2008, the Receiver filed his Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (Exhibit A). On January 25, 2008, the Court entered its Order approving the sale.

On October 12, 2007, the Receiver filed his Unopposed Motion to Sell 2004 Panther Airboat and Aluminum Trailer. That day, the Court entered its Order Approving Sale.

On October 12, 2007, the Receiver filed his Motion to Sell 2006 Jeep Grand Cherokee Overland. That day, the Court entered its Order Approving Sale.

On November 21, 2007, the Receiver filed his Motion to Sell 2003 Mercedes Benz S55. On November 26, 2007, the Court entered its Order Approving Sale.

On December 10, 2007, the Receiver filed his Motion to Sell 2004 Jeep Liberty. On December 14, 2007, the Court entered its Order Approving Sale.

On February 1, 2008, the Receiver filed his Unopposed Motion to Solicit Bids for Purchase of Policies and to Set Sale Procedures (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6). On February 4, 2008, the Court entered its Order granting the motion.

On June 30, 2008, the Receiver filed his Motion to Sell All Insurance Policies (Exhibit 1 - Exhibit 2). In it, the Receiver asks the Court (1) to set a hearing date to oversee the second round of bidding by auction and (2) to approve the final sale price at the conclusion of that auction.

On July 9, 2008, the Court entered an Order of Reference referring any hearing on the Receiver's motion to U.S. Magistrate Judge Ramirez.

On July 30, 2008, the Court entered an Order setting the Receiver's motion to sell policies for an evidentiary hearing on September 23-24, 2008, at 9:00 a.m. in Courtroom 1566 before U.S. Magistrate Judge Ramirez.

On August 8, 2008, the Receiver filed his Certificate of Service (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6) relating to his motion to sell the insurance policies.

On September 15, 2008, the Examiner filed a Report Regarding the Motion to Sell Policies. In that report, the Examiner thoroughly analyses the Receiver's position and the positions stated by some of the investors. He concludes that selling the policies at this time is in the investors' best interest.

On September 16, 2008, the SEC filed its Response to the Receiver's motion, which also stated that the sale was in the investors' best interests.

On September 17, 2008, Angelo Diaz Gonzales filed a Motion to Continue Hearing and an Objection to the Receiver's motion to sell the insurance policies. The Court entered an Order denying the motion for continuance.

On October 6, 2008, the Court entered an Order (Exhibit 1) approving the sale of insurance policies for $33.5 million, which was the highest sales price after the second round of bidding.

Angelo Diaz Gonzales filed a Motion for Reconsideration on October 13, 2008. On October 21, 2008, he also filed an Emergency Motion for Stay of the Magistrate's Order. On October 23, 2008, Receiver filed his Response and the Examiner filed his Response. Mr. Gonzalez filed his Reply to the Receiver on October 23, 2008, and his Reply to the Examiner on October 24, 2008. The Court entered its Order denying those motions on October 29, 2008.

On November 5, 2008, Gonzalez filed an Emergency Motion to Stay and Reconsider the Court's Decision followed by an Amended Emergency Motion to Stay and Reconsider the Court's Decision (Exhibit A - Exhibit B - Exhibit C - Exhibit D). The Court entered its Order on November 6, 2008, granting that motion in part and staying the sale of ABC's insurance policies through November 13, 2008. In particular, the Court authorized the Receiver to evaluate other prospective offers to purchase the portfolio of insurance policies and determine if they are superior to the sale for $33.5 million.

On November 10, 2008, Settlement Group, Inc. filed an Emergency Motion to Reconsider the Stay and to Approve Sale of the Policies for $33.5 million. On November 11, 2008, the only interested party notified the Receiver that it was not going to submit a bid to purchase the portfolio of inusrance policies. The Court then entered an Agreed Order Terminating Stay, which permitted the Receiver to close the sale for $33.5 million. It also entered an Order denying as moot Settlement Group, Inc.'s motion to reconsider.

Costs of Administration

On May 10, 2007, the Receiver filed his First Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support. On March 31, 2008, the Court entered its Order approving those fees.

On May 15, 2007, the Examiner filed his First Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On March 31, 2008, the Court entered its Order approving those fees.

On August 8, 2007, the Receiver filed his Second Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support. On August 24, 2007, the Court entered its Order approving those fees.

On September 5, 2007, the Examiner filed his Second Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On March 31, 2008, the Court entered its Order approving those fees.

On March 14, 2008, the Receiver filed his Third Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support. On April 4, 2008, Erwin & Johnson--the law firm being sued for mishandling investor funds--intervened in this lawsuit and filed a Response to the Receiver's fee application. On April 10, 2008, the Receiver filed a Motion to Strike Erwin & Johnson's response for lack of standing and for attempting to intervene in an SEC lawsuit without its approval. On May 13, 2008, the Receiver filed a Notice withdrawing his Motion to Strike. That same day, Erwin & Johnson filed an Agreed Motion to Withdraw their Response to the Receiver's Third Interim Fee Application. The Court entered an Order granting Erwin & Johnson's motion on May 19, 2008. On January 7, 2009, the Court entered an Order approving those fees.

On September 9, 2008, the Examiner filed his Third Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support and Fourth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On October 14, 2008, the Court entered an Order approving the Examiner's third fee application and another Order granting the Examiner's fourth fee application.

On November 26, 2008, the Examiner filed his Fifth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On January 7, 2009, the Court entered an Order approving those fees.

On January 8, 2009, the Receiver filed his Fourth Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support. On February 17, 2009, the Court entered an Order approving those fees.

On January 9, 2009, the Receiver filed his First Interim Application to Allow and Pay Fees and Expenses of Translator and Brief in Support. On February 17, 2009, the Court entered an Order approving those fees.

On January 12, 2009, the Receiver filed his First Interim Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support. On February 17, 2009, the Court entered an Order approving those fees.

On September 21, 2009, the Examiner filed his Sixth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On October 2, 2009, the Court entered an Order approving those fees.

On March 8, 2010, the Examiner filed his Seventh Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On May 10, 2009, the Court entered an Order approving those fees.

On September 16, 2010, the Examiner filed his Eigth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support. On September 17, 2010, the Court entered an Order approving those fees.

On January 13, 2011, the Receiver filed his Second Interim Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support. On February 7, 2011, the Court entered an Order approving those fees.

On March 25, 2011, the Receiver filed his First Interim Application to Allow and Pay Fees and Expenses of Accountants and Brief in Support.

On December 2, 2011, the Examiner filed his Ninth Interim Application to Allow and Pay Examiner's Fees and Expenses . The Court entered an Order approving those fees on December 5, 2012.

On January 27, 2012, the Receiver filed his Final Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support. The Court entered an Order approving those fees on February 21, 2012.

On February 7, 2012, the Receiver filed his Final Application to Allow and Pay Fees and Expenses of UK Counsel and Brief in Support. The Court entered an Order approving those fees on March 1, 2012.

On April 16, 2012, the Receiver filed his Application to Allow and Pay Fees and Expenses of Florida Counsel and Brief in Support. The Court entered an Order approving those fees on May 15, 2012.

On September 17, 2014, the Receiver filed his Final Application to Allow and Pay Receiver's Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.

On September 17, 2014, the Receiver filed his Final Application to Allow and Pay Accountants' Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.

On September 17, 2014, the Receiver filed his Final Application to Allow and Pay Translators' Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.

On September 17, 2014, the Examiner filed his Final Application to Allow and Pay Examiner's Fees and Expenses and Brief in Support. The Court entered an Order approving those fees on June 22, 2015.


Current Pleadings

The following documents require Adobe Reader (click here to download).

No. Date Description of Document
1 11-17-2006 Complaint
2 11-17-2006 Order Appointing Receiver
3 11-17-2006 Agreed Preliminary Injunction, Order Freezing Assets, Order Requiring an Accounting and Order Requiring Preservation of Documents
4 11-22-2006 Receiver's Bond
5 11-29-2006 Unopposed Motion to Appoint Examiner and Request for Expedited Consideration
6 11-30-2006 Order Appointing Examiner
7 12-01-2006 Unopposed Motion to Use Policy Proceeds and Premium Escrow Reserves (Pool Assets)
8 12-01-2006 Order Pooling Receivership Assets
9 12-01-2006 Unopposed Motion to Modify Order Appointing Receiver
10 12-01-2006 Unopposed Motion for Authority to Enter into an Agreement for Bank Financing
11 12-01-2006 Notice of Appearance of Counsel (Examiner)
12 12-04-2006 Order Authorizing Receiver to Obtain Bank Financing
13 12-04-2006 Order Clarifying and Modifying Order Appointing Receiver
14 12-15-2006 Waiver of Service of Summons (Jesse W. LaMonda, Jr.)
15 12-18-2006 Receiver's Preliminary Report
16 12-21-2006 Receiver's Unopposed Motion for Authority to Employ National Viatical, Inc. Nunc Pro Tunc and Request for Expedited Consideration
17 12-29-2006 Order Authorizing Employment of National Viatical, Inc. Nunc Pro Tunc
18 01-11-2007 Waiver of Service of Summons (C. Keith LaMonda)
19 01-16-2007 Receiver's Unopposed Motion to Establish Claim Procedure Plan and to Approve Claim Form and Request for Expedited Consideration - Exhibit A - Exhibit B - Exhibit C - Exhibit D
20 01-18-2007 Order Regarding Receiver's Motion to Establish Claims Procedure Plan and to Approve Claim Form
21 02-01-2007 Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint
22 02-01-2007 Receiver's Motion to Set Reasonable Subpoena Processing Fee
23 02-05-2007 Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint
24 03-08-2007 Receiver's Unopposed Motion to Approve Bank Financing and Request for Expedited Consideration
25 03-16-2007 Order (Granting Motion to Approve Bank Financing)
26 03-16-2007 Order of Reference (re: Motion to Set Reasonable Subpoena Processing Fee)
27 03-16-2007 Receiver's Unopposed Motion for Authority to Pay Taxes and Brief in Support
28 03-20-2007 Order (Granting Motion to Pay Taxes)
29 03-20-2007 Order (Setting Briefing and Hearing Schedule for Motion to Set Reasonable Subpoena Processing Fee)
30 03-27-2007 Amended Motion to Set Date for Production of Documents and Reasonable Subpoena Processing Fee and Brief in Support - Exhibit A
31 03-28-2007 Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint
32 03-29-2007 Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint
33 03-30-2007 Amended Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint
34 04-04-2007 Receiver's Unopposed Motion to Return Unmatched Funds
35 04-06-2007 Motion for Show Cause Hearing Regarding Commissions Paid to Donald S. Kaplan along with Request for Expedited Consideration and Brief in Support - Exhibits
36 04-06-2007 Agreed Order Regarding Production of Documents (SunTrust Bank)
37 04-18-2007 Order Authorizing Return of Unmatched Funds
38 05-01-2007 Order (Directing Donald S. Kaplan to Respond)
39 05-10-2007 First Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Breif in Support
40 05-10-2007 Motion to Approve Stipulation Extending Donald S. Kaplan's Time to Respond
41 05-14-2007 Order (Extending Donald S. Kaplan's Time to Respond)
42 05-15-2007 Examiner's First Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
43 05-29-2007 Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Answer Plaintiff's Complaint
44 06-01-2007 Motion to Approve Second Stipulation Extending Donald S. Kaplan's Time to Respond
45 06-07-2007 Order Granting Unopposed Joint Motion to Extend Time for Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr. to Move, Answer or Otherwise Respond to Plaintiff's Complaint
46 06-07-2007 Order (Extending Donald S. Kaplan's Time to Respond)
47 06-14-2007 Response of Donald S. Kaplan to Motion for Show Cause Hearing and Brief in Support
48 06-14-2007 Motion of Donald S. Kaplan to Dismiss Motion for Show Cause Hearing and Brief in Support
49 06-25-2007 Unopposed Motion to Increase Bank Financing Facility and Request for Expedited Consideration
50 06-25-2007 Order Authorizing Receiver to Increase Bank Financing
51 06-27-2007 Response to Donald S. Kaplan's Motion to Dismiss and Combined Reply Brief Supporting the Receiver's Motion for Show Cause Hearing and Expedited Consideration
52 07-06-2007 Unopposed Motion to Enter Agreed Interlocutory Judgment of Permanent Injunction
53 07-11-2007 Reply Re Motion of Donald S. Kaplan to Dismiss Motion for Show Cause Hearing and Request for Expedited Hearing
54 07-12-2007 Agreed Motion to Approve Compromise and Settlement Agreement and Request for Expedited Consideration - Exhibit A
55 07-13-2007 Agreed Interlocutory Judgment of Permanent Injunction
56 07-20-2007 Defendant Keith LaMonda's Original Answer
57 07-20-2007 Defendant Jesse W. LaMonda Jr.'s Original Answer
58 08-08-2007 Second Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Breif in Support
59 08-08-2007 Unopposed Motion to Sell 2003 Lincoln Aviator
60 08-08-2007 Unopposed Motion to Sell 2006 Mercedes Benz CLS 500
61 08-09-2007 Order Approving Sale of 2003 Lincoln Aviator
62 08-09-2007 Order Approving Sale of 2006 Mercedens Benz CLS 500
63 08-10-2007 Order (Granting the Receiver's Motion for Show Cause Hearing and Denying Kaplan's Motion to Dismiss)
64 08-15-2007 Unopposed Motion to Sell 2006 Cadillac SRX
65 08-16-2007 Unopposed Motion to Sell Real Property at Private Sale (3923 Muscadine Trail in Gainesville, Georgia)
66 08-16-2007 Order Approving Sale of 2006 Cadillac SRX
67 08-16-2007 Order Approving Sale of Real Property (3923 Muscadine Trail in Gainesville, Georgia)
68 08-22-2007 Unopposed Motion to Sell 2006 Jeep Grand Cherokee Laredo
69 08-24-2007 Order Approving Receiver's Second Interim Fee Application
70 08-29-2007 Order Approving Sale of 2006 Jeep Grand Cherokee Laredo
71 08-29-2007 Order Requiring Attorney Conference
72 09-05-2007 Second Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
73 09-17-2007 Unopposed Motion to Sell 2005 Chrysler Town & Country
74 09-18-2007 Order Approving Sale of 2005 Chrysler Town & Country
75 10-12-2007 Motion to Retain Appraisers (1730 Parkwood in Moberly, Missouri)
76 10-12-2007 Unopposed Motion to Sell 2004 Panther Airboat and Aluminum Trailer
77 10-12-2007 Motion to Sell 2006 Jeep Grand Cherokee Overland
78 10-12-2007 Order Approving Sale of 2004 Panter Airboat
79 10-12-2007 Order Approving Sale of 2006 Jeep Grand Cherokee Overland
80 10-12-2007 Order (Granting Motion to Retain Appraisers for 1730 Parkwood in Moberly, Missouri)
81 10-22-2007 Scheduling Order (re: Donald S. Kaplan)
82 11-21-2007 Motion to Sell 2003 Mercedes Benz S55
83 11-26-2007 Order Approving Sale of 2003 Mercedes Benz S55
84 12-10-2007 Motion to Sell 2004 Jeep Liberty
85 12-14-2007 Order Approving Sale of 2004 Jeep Liberty
86 12-14-2007 Motion for Agreed Order Permitting a Supplemental Expert Report
87 12-19-2007 Agreed Order (re: Supplemental Expert Report)
88 01-18-2008 Motion to Approve Agreed Order (re: ABC Investors' Personal and Financial Information)
89 01-24-2008 Agreed Order (re: ABC Investors' Personal and Financial Information)
90 01-24-2008 Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (1730 Parkwood in Moberly, Missouri) (Exhibit A)
91 01-24-2008 Motion to Sell Real Property Free and Clear of All Liens, Claims, and Encumbrances (3923 Muscadine Trail in Gainesville, Georgia) (Exhibit A)
92 01-25-2008 Order Approving Sale of 1730 Parkwood in Moberly, Missouri
93 01-25-2008 Order Approving Sale of 3923 Muscadine Trail in Gainesville, Georgia
94 02-01-2008 Unopposed Motion to Solicit Bids for Purchase of Policies and to Set Sale Procedures (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6).
95 02-04-2008 Order (Granting Motion to Solicit Bids)
96 02-06-2008 Second Unopposed Motion to Increase Bank Financing
97 02-06-2008 Order Authorizing Receiver to Increase Bank Financing
98 02-07-2008 Motion for Agreed Order Extending Discovery Deadlines
99 02-08-2008 Agreed Amended Scheduling Order
100 02-27-2008 Third Unopposed Motion to Increase Bank Financing
101 02-29-2008 Order Authorizing Receiver to Increase Bank Financing
102 03-12-2008 Second Motion for Agreed Order Extending Discovery Deadlines
103 03-14-2008 Second Agreed Amended Scheduling Order
104 03-14-2008 Third Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support
105 03-25-2008 Motion for Agreed Order for Protection of Private Financial Records
106 03-31-2008 Order Approving Examiner's First Interim Fee Application
107 03-31-2008 Order Approving Examiner's Second Interim Fee Application
108 03-31-2008 Order Approving Receiver's First Interim Fee Application
109 03-31-2008 Agreed Order for Protection of Private Financial Records and Information Provided by Donald S. Kaplan to Receiver Michael Quilling Pursuant to Settlement Negotiations
110 04-04-2008 Erwin & Johnson's Response to Receiver's Third Interim Fee Application
111 04-08-2008 Third Motion for Agreed Order Extending Discovery Deadlines
112 04-10-2008 Third Agreed Amended Scheduling Order
113 04-10-2008 Motion to Strike Erwin & Johnson's Response to Receiver's Third Interim Fee Application
114 05-01-2008 First Motion to Allow "A" Claims (Exhibit 1)
115 05-13-2008 Notice of Withdrawal (re: Motion to Strike Erwin & Johnson's Response)
116 05-13-2008 Erwin & Johnson's Agreed Motion to Withdraw their Response to the Receiver's Third Interim Fee Application
117 05-19-2008 Order (Withdrawing Erwin & Johnson's Response to the Receiver's Third Interim Fee Application)
118 05-29-2008 Fourth Motion for Agreed Order Extending Discovery Deadlines
119 06-03-2008 Fourth Agreed Amended Scheduling Order
120 06-03-2008 Order Approving Receiver's First Motion to Allow "A" Claims
121 06-04-2008 Second Motion to Allow "A" Claims (Exhibit 1)
122 06-09-2008 Order Approving Receiver's Second Motion to Allow "A" Claims
123 06-27-2008 Fourth Unopposed Motion to Increase Bank Financing
124 06-30-2008 Order Authorizing Receiver to Increase Bank Financing
125 06-30-2008 Motion to Sell All Insurance Policies and Approve Purchase and Sale Agreement and Request for Evidentiary Hearing (Exhibit 1 - Exhibit 2)
126 07-01-2008 Third Motion to Allow "A" Claims (Exhibit 1)
127 07-03-2008 Order Approving Receiver's Third Motion to Allow "A" Claims
128 07-09-2008 Order of Reference (Referring Sale of ABC Policies to the U.S. Magistrate Judge Ramirez)
129 07-09-2008 Standing Order for ECF Related Matters Referred to U.S. Magistrate Judge
130 07-30-2008 Order (Setting Evidentiary Hearing on Receiver's Motion to Sell Insurance Policies)
131 08-04-2008 Fourth Motion to Allow "A" Claims (Exhibit 1)
132 08-08-2008 Certificate of Service (re: Receiver's Motion to Sell Insurance Policies) (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6)
133 08-27-2008 Fifth Motion for Agreed Order Extending Discovery Deadlines
134 08-28-2008 Fifth Agreed Amended Scheduling Order
135 09-02-2008 Fifth Motion to Allow "A" Claims (Exhibit 1)
136 09-09-2008 Third Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
137 09-09-2008 Fourth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
138 09-12-2008 Order (re: Receiver's Fourth Motion to Allow "A" Claims)
139 09-15-2008 Examiner's Report Regarding Motion to Sell Policies
140 09-16-2008 SEC's Response to the Receiver's Motion to Sell Insurance Policies
141 09-17-2008 Angelo Diaz Gonzalez and Agency's Motion for Continuance of Hearing on Receiver's Motion to Sell All Insurance Policies
142 09-17-2008 Angelo Diaz Gonzalez and Agency's Objection to Receiver's Motion to Sell All Insurance Policies
143 09-19-2008 Order (denying Angelo Diaz Gonzalez and Agency's Motion for Continuance)
144 10-03-2008 Order (re: Receiver's Fifth Motion to Allow "A" Claims)
145 10-06-2008 Sixth Motion to Allow "A" Claims (Exhibit 1)
146 10-06-2008 Order Granting Receiver's Motion to Sell Insurance Policies (Exhibit 1)
147 10-13-2008 Angelo Diaz Gonzalez's Motion for Reconsideration (re: Order Granting Receiver's Motion to Sell Insurance Policies)
148 10-14-2008 Order Approving Examiner's Third Fee Application
149 10-14-2008 Order Approving Examiner's Fourth Fee Application
150 10-17-2008 Sixth Motion for Agreed Order Extending Discovery Deadlines
151 10-17-2008 Sixth Agreed Amended Scheduling Order
152 10-21-2008 Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing and (2) for Expedited Treatment of Motion for Reconsideration
153 10-23-2008 Receiver's Response to Gonzalez's Emergency Motion
154 10-23-2008 Examiner's Response to Gonzalez's Emergency Motion
155 10-23-2008 Gonzalez's Reply to the Receiver's Response
156 10-23-2008 Gonzalez's Reply to the Examiner's Response
157 10-29-2008 Order Denying Gonzalez's Emergency Motion for Reconsideration and Emergency Motion for Stay
158 11-05-2008 Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing, (2) Stay of this Court's Order Agency's Motion for Reconsideration and Stay, and (3) for Reconsideration of this Court's Order Denying Stay/Reconsideration
159 11-05-2008 Amended Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing, (2) Stay of this Court's Order Agency's Motion for Reconsideration and Stay, and (3) for Reconsideration of this Court's Order Denying Stay/Reconsideration (Exhibit A - Exhibit B - Exhibit C - Exhibit D)
160 11-06-2008 Order (re: Receiver's Sixth Motion to Allow "A" Claims)
161 11-06-2008 Order Granting in Part and Denying in Part Emergency Motion of Angelo Diaz Gonzalez and Agency for (1) Stay of Magistrate's Order and Sale Closing, (2) Stay of this Court's Order Agency's Motion for Reconsideration and Stay, and (3) for Reconsideration of this Court's Order Denying Stay/Reconsideration
162 11-10-2008 Emergency Motion of Settlement Group Inc. (1) for Reconsideration of Order Granting in Part and Denying in Part Emergency Motion of Angelo Diaz Gonzalez and Agency and (2) Approving the Sale Closing for $33.5 Million
163 11-11-2008 Agreed Order Terminating Stay
164 11-11-2008 Order (re: Emergency Motion of Settlement Group Inc.)
165 11-26-2008 Examiner's Fifth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
166 12-01-2008 Receiver's Eighth Motion to Allow "A" Claims (Exhibit 1)
167 12-03-2008 Order (re: Receiver's Seventh Motion to Allow "A" Claims)
168 12-03-2008 Seventh Motion for Agreed Order Extending Discovery Deadlines
169 12-08-2008 Seventh Agreed Amended Scheduling Order
170 01-05-2009 Order (re: Receiver's Eighth Motion to Allow "A" Claims)
171 01-07-2009 Order Approving Examiner's Fifth Fee Application
172 01-07-2009 Order Approving Receiver's Third Fee Application
173 01-08-2009 Fourth Interim Application to Allow and Pay (1) Receiver's Fees and Expenses and (2) Attorneys' Fees and Expenses and Brief in Support
174 01-09-2009 First Interim Application to Allow and Pay Translators' Fees and Expenses and Brief in Support
175 01-12-2009 First Interim Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support
176 01-30-2009 Motion for Agreed Order Approving Settlement Agreement with Donald Kaplan (Exhibit 1)
177 02-02-2009 Agreed Order Approving Settlement Agreement with Donald Kaplan
178 02-17-2009 Order Approving Receiver's First Fee Application for Special Counsel
179 02-17-2009 Order Approving Receiver's First Fee Application for Translators
180 02-17-2009 Order Approving Receiver's Fourth Interim Fee Application
181 04-16-2009 Motion for Show Cause Hearing Regarding Commissions Paid to Jason Sun (Exhibit A - Exhibit B - Exhibit C)
182 05-07-2009 Order (setting Jason Sun's response date)
183 05-11-2009 Unopposed Motion to Extend Jason Sun's Response Deadline
184 05-12-2009 Order Extending Jason Sun's Response Deadline
185 06-15-2009 Motion for Second Agreed Order Extending Jason Sun's Response Deadline
186 06-16-2009 Second Agreed Order Extending Jason Sun's Response Deadline
187 08-13-2009 Motion for Third Agreed Order Extending Jason Sun's Response Deadline
188 08-17-2009 Third Agreed Order Extending Jason Sun's Response Deadline
189 08-31-2009 Unopposed Motion to Dismiss Monetary Claims Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr.
190 09-03-2009 Final Judgment Against Defendants C. Keith LaMonda and Jesse W. LaMonda, Jr.
191 09-21-2009 Sixth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
192 10-02-2009 Order Approving Examiner's Sixth Fee Application
193 10-13-2009 Fourth Agreed Order Extending Jason Sun's Response Deadline
194 12-01-2009 Fifth Agreed Order Extending Jason Sun's Response Deadline
195 01-12-2010 Sixth Agreed Order Extending Jason Sun's Response Deadline
196 02-08-2010 Motion to Disallow/Adjust "A" Claims (Exhibit 1)
197 02-08-2010 Ninth Motion to Allow "A" Claims (Exhibit 1)
198 02-08-2010 LaMonda's Dual Motion to Appear Pro Se and Reconfirm the Compromise and Settlement
199 02-08-2010 Order Approving Ninth Motion to Allow "A" Claims
200 02-26-2010 Receiver's Response to LaMonda's Motion to Appear Pro Se
201 03-08-2010 Examiner's Seventh Interim Fee Application
202 03-08-2010 Seventh Agreed Order Extending Jason Sun's Response Deadline
203 03-10-2010 Motion to Vacate in Part Orders Allowing "A" Claims and to Allow Corrected "A" Claims (Exhibit A)
204 03-15-2010 LaMonda's Notice of Termination of Counsel
205 03-18-2010 Lamonda's Reply Brief (re: Motion to Appear Pro Se)
206 03-26-2010 Order (dismissing Show Cause Motion against Jason Sun)
207 03-29-2010 LaMonda's Motion Requiring Receiver to Provide an Accounting
208 04-21-2010 Receiver's Response to LaMonda's Motion for Accounting
209 05-10-2010 Order Approving Examiner's Seventh Interim Fee Application
210 05-17-2010 LaMonda's Reply Supporting his Motion for Accounting
211 05-27-2010 Order Approving Receiver's Motion to Disallow/Adjust "A" Claims
212 05-27-2010 Order Approving Receiver's Motion to Vacate in Part and to Allow Corrected "A" Claims
213 05-27-2010 Tenth Motion to Allow "A" Claims (Exhibit 1)
214 05-28-2010 Order Granting Tenth Motion to Allow "A" Claims
215 06-01-2010 Motion to Adjust "A" Claims (Exhibit 1)
216 06-02-2010 Order Granting Motion to Adjust "A" Claims
217 08-12-2010 Joint Status Report
218 09-16-2010 Eigth Interim Application to Allow and Pay (1) Examiner's Fees and Expenses, and (2) Attorney's Fees and Expenses and Brief in Support
219 09-17-2010 Order Approving Examiner's Eighth Interim Fee Application
220 09-18-2010 Order Denying LaMonda's Motion to Appear Pro Se and for the Receiver to Provide an Accounting
221 09-18-2010 LaMonda's Notice of Appeal (re: Motion to Appear Pro Se and Motion for the Receiver to Provide an Accounting)
222 12-10-2010 Eleventh Motion to Allow "A" Claims (Exhibit 1)
223 01-04-2011 Order Approving Eleventh Motion to Allow "A" Claims
224 01-12-2011 Receiver's Status Report and Proposed Interim Distribution
225 01-13-2011 Second Interim Application to Allow and Pay Fees and Expenses of Special Counsel
226 02-07-2011 Order Approving Second Interim Application to Allow and Pay Fees and Expenses of Special Counsel
227 03-22-2011 Order Approving Receiver's Status Report and Proposed Interim Distribution
228 03-25-2011 First Interim Application to Allow and Pay Fees and Expenses of Accountants and Brief in Support
229 04-19-2011 Order Approving Receiver's First Interim Application to Allow and Pay Fees and Expenses of Accountants
230 04-21-2011 First Interim Application to Allow and Pay Fees and Expenses of Italian Counsel and Brief in Support
231 04-21-2011 Second Interim Application to Allow and Pay Fees and Expenses of Translators and Brief in Support
232 05-16-2011 Order Approving Receiver's First Interim Application to Allow and Pay Fees and Expenses of Italian Counsel
233 05-16-2011 Order Approving Receiver's Second Interim Application to Allow and Pay Fees and Expenses of Translators
234 07-07-2011 Receiver's Unopposed Motion for Order Approving Settlement of UK Litigation (Exhibit A)
235 07-08-2011 Order Approving Settlement of UK Litigation
236 07-25-2011 Receiver's Unopposed Motion for Order Approving Settlement of Erwin & Johnson Litigation (Exhibit A)
237 07-26-2011 Order Approving Settlement of Erwin & Johnson Litigation
238 11-28-2011 Joint Status Report
239 11-29-2011 Agreed Final Judgment
240 12-02-2011 Ninth Interim Application to Allow and Pay Examiner's Fees and Expenses
241 12-05-2011 Order Approving Examiner's Ninth Interim Application to Allow and Pay Fees and Expenses
242 01-27-2012 Final Application to Allow and Pay Fees and Expenses of Special Counsel and Brief in Support
243 02-07-2012 Final Application to Allow and Pay Fees and Expenses of UK Counsel and Brief in Support
244 02-21-2012 Order Approving Final Application to Allow and Pay Fees and Expenses of Special Counsel
245 03-01-2012 Order Approving Final Application to Allow and Pay Fees and Expenses of UK Counsel
246 04-16-2012 Application to Allow and Pay Fees and Expenses of Florida Counsel and Brief in Support
247 05-15-2012 Order Approving Application to Allow and Pay Fees and Expenses of Florida Counsel
248 02-22-2013 Findings, Conclusions, and Recommendation (re: LaMonda's claims against the receivership estate)
249 03-11-2013 LaMonda's Objections to the Findings, Conclusions, and Recommendation
250 03-25-2013 LaMonda's Motion to Remand for Further Proceedings Before the U.S. Magistrate Judge
251 03-28-2013 Order (re: LaMonda's claim against the receivership estate)
252 04-15-2013 Receiver's Response to LaMonda's Motion to Remand
253 04-29-2013 Notice of Appeal (re: LaMonda's claim against the receivership estate)
254 07-22-2013 Order of the Court on Recommendation Regarding Request to Proceed In Forma Pauperis on Appeal
255 10-03-2013 Appellee Michael J. Quilling's Response to Motion for Leave to Proceed In Forma Pauperis on Appeal
256 04-25-2014 Order Dismissing LaMonda's Notice of Appeal
257 09-17-2014 Final Report and Proposed Final Distribution Plan (Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4)
258 09-17-2014 Final Application to Allow and Pay Receiver's Fees and Expenses and Brief in Support
259 09-17-2014 Final Application to Allow and Pay Accountants' Fees and Expenses and Brief in Support
260 09-17-2014 Final Application to Allow and Pay Translators' Fees and Expenses and Brief in Support
261 09-17-2014 Final Application to Allow and Pay Examiner's Fees and Expenses and Brief in Support
262 06-19-2015 Order Approving Receiver's Twelfth Motion to Allow "A" Claims
263 06-22-2015 Order Approving Receiver's Final Fee Application
264 06-22-2015 Order Approving Receiver's Final Fee Application for Accountants
265 06-22-2015 Order Approving Receiver's Final Fee Application for Translators
266 06-22-2015 Order Approving Examiner's Final Fee Application
267 06-25-2015 Order Approving Receiver's Final Report and Proposed Final Distribution Plan