This
is a lawsuit by the Receiver against an individual/ entity which
functioned as an agent/ broker with respect to the fraudulent Hammersmith
Trust and Microfund programs. For their efforts to bring unsuspecting
investors to the program, the Defendants were paid at least $502,000.00
in fees which the Receiver seeks to recover by virtue of this lawsuit.
The
Defendants have filed an answer denying liability. The Receiver
filed a Motion to Consolidate this case with Civil Action No. 3:00-CV-1405
which was denied by Judge Kaplan by Order dated February 2, 2001.
On February 15, 2001 the Court issued its Initial
Scheduling Order. An Amended
Complaint and an Amended
Answer have also been filed.
On
December 12, 2000, the Court issued its Order
requiring the Receiver to file a Litigation Budget. On January 8,
2001 the Receiver filed his Litigation
Budget. On March 7, 2001, the Court issued an Order
Setting Hearing on the Budget and on April 16, 2001, the
Court issued its Order
regarding the Litigation Budget.
As
a result of settlement discussions between the parties, a settlement
was reached. On November 13, 2001, the Receiver filed an Unopposed
Motion to Approve Compromise and Settlement and a Joint
Motion to Stay Litigation while the $50,000.00 of settlement
funds is being paid. On November 19, 2001, the Court issued an Order
approving the Settlement and an Order
Staying Litigation.
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