This
is a lawsuit by the
Receiver against numerous individuals and entities, who functioned
as brokers/agents with respect to the fraudulent Hammersmith Trust
and Microfund programs. Each broker/agent was paid handsomely for
his/her efforts to induce unsuspecting investors into the program
and the Receiver seeks to recover the funds paid to them. The aggregate
amount sought is $5,386,817.00.
On
December 7, 2000, the Court approved a $30,000.00 settlement between
the Receiver and Michael Klein. On December 12, 2000, the Court
entered an Order
of Dismissal as to Adam Shaw because of his bankruptcy filing.
On March 20, 2001, the Court entered an Order
of Dismissal as to Larry Lewis. On April 30, 2001, the Court
issued an Order
approving a settlement in the amount of $26,993.65 between the Receiver
and Simplified Communications.
As a result of the failure of several of the other Defendants to
file an answer after they were served, the Receiver requested the
entry of a default judgment against them. On February 6, 2001 the
Court entered a Default
Judgment in favor of the Receiver against Thomas and Linda
Smith, Bancorp Mortgage, Inc., Rick Sherrill and Murray Stucker.
On August 14, 2001, the Court entered a Default
Judgment against Chatham International, Inc. and Caton &
Associates, Inc.
On
March 7, 2001, the Court issued its Order
requiring the Receiver to file a Litigation Budget. On April 5,
2001, the Receiver filed his Litigation
Budget. It can be viewed below. On April 16, 2001, the Court
issued its Order
regarding the budget.
As
of this time, all defendants have been served. Defendants, Chris
Carlson, Jeffrey Matz, Thomas McCrimmon, Chatham International,
United Holdings, Greg Skibbee and Leon Hurst have all filed answers
to the lawsuit. They can be viewed below. As a result of the conviction
and sentencing of Jeffrey Matz, the Receiver filed a Motion
to Dismiss him without prejudice. On August 15, 2001, the
Court issued an Order
of Dismissal.
On
May 2, 2001, the Court issued an Order
requiring the parties to meet and prepare a proposed scheduling
order. On May 17, 2001, the Court issued an Initial
Scheduling Order. On June 5, 2001, the Receiver filed an
Amended Complaint.
As a result of the judgments referenced above and the settlement
referenced below, no matters remain for the Court to try and so
on September 18, 2002 the Court approved an Order
administratively closing the case. The only remaining activity relates
to attempting to collect on judgments.
After
answers were filed by the Defendants indicated above, the Receiver
entered into settlement discussions with several of them. An agreement
was reached between the Receiver and Leon Hurst pursuant to which
an Agreed Judgment
was entered against Mr. Hurst in the amount of $450,000.00. An agreement
was also reached between the Receiver and Greg Skibbee pursuant
to which Mr. Skibbee is to pay the Receiver a total of $20,000.00.
On October 5, 2001, the Receiver filed a Motion
to Approve Compromise and Settlement with respect to Greg
Skibbee and on October 24, 2001, Judge Lynn issued an Order
approving the settlement. An agreement was also reached with Thomas
McCrimmon as a result of a mediation. On November 13, 2001, the
Receiver filed a Motion
to Approve Settlement Agreement with Thomas McCrimmon. On
December 7, 2000, Judge Lynn issued an Order
approving the settlement. In accordance with the agreement, on January
24, 2002, the Court entered an Agreed
Judgment in the amount of $415,000.00 against Thomas McCrimmon
in favor of the Receiver. On September 3, 2002 the Receiver filed
a Motion
to Approve Settlement Agreement as to Chris Carlson.
On September 17, 2002 the Court issued an Order
approving the settlement.
On
May 15, 2001, the Receiver filed a Motion
to Impose Costs against the defendants who evaded service.
On May 16, 2001, the Court issued an Order
setting the matter for hearing. After the hearing, the Court issued
its Order
regarding the matter.
On
September 18, 2001, the Court issued an Order
requiring the Receiver to file a litigation budget with respect
to a lawsuit pending in the United States District Court for the
District of Arizona styled National Union Fire Insurance Co.
of Pittsburgh, Pa. v. United States Holdings, L.L.C., et al.; Cause
No. 01-0657-PHX-JWS (the "Phoenix Lawsuit"). The Phoenix
Lawsuit relates to Jeffrey Matz, one of the Defendants named in
this lawsuit. More information regarding the Phoenix Lawsuit can
be found in the lawsuit section
of this web site. On October 1, 2001, the Receiver filed his Litigation
Budget relating to the Phoenix Lawsuit. On October 2, 2001,
the Court issued an Order
Setting Hearing and on October 18, 2001, the Court issued
an Amended Order
Setting Hearing. On November 15, 2001, the Court issued
an Order
approving the litigation budget.
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