Overview
Receivership in Commodity Futures Trading Commission v. Denari Capital LLC et al, Case No. 3:19-cv-07284-EMC
General Information
This is the website of Receiver, Kathy Bazoian Phelps, appointed in CFTC v. Denari Capital, LLC, et. al, Case No. 3:19-cv-07284-EMC. On November 5, 2019, the CFTC filed a Complaint (Doc. No. 1) against Denari Capital LLC, Travis Capson, and Arnab Sarkar (the “Receivership Defendants”). On December 4, 2019, the Court entered the Consent Order for Preliminary Injunction and Other Ancillary Relief Against Defendants (Doc. No. 37) which, among other things, appointed Ms. Phelps as the temporary receiver with full powers of an equity receiver for the Receivership Defendants and their affiliates and subsidiaries. The Receiver has the full powers of equity receiver over all of the funds, properties, premises, accounts, and income of the Receivership Defendants, and other assets directly or indirectly owned, beneficially or otherwise, by the Receivership Defendants, except as explicitly excluded in the Consent Order.
The purpose of this website is to provide convenient access to information about the receivership, including status reports from the Receiver, copies of pleadings filed in the case, and Frequently Asked Questions (FAQs). The website will be updated periodically, and all creditors, investors and parties in interest are encouraged to check the website for updates. If you require further information not contained in this website, you may Contact Us.
Recent Updates
August 23, 2021
The Court granted the Receiver’s motion to make another interim cash distribution to cash claimants. The Receiver’s team has been in touch with all cash claimants to confirm their account information and will be in touch further if there are any issues with any individual distribution.
The Court also confirmed that all claims not already allowed shall be barred, and enjoined all persons “from commencing or prosecuting, without leave of this Court, any action against the Receiver or her agents in connection with or arising out of the Receiver Parties’ services to this Court in this Receivership.”
April 23, 2021
The Receiver and her counsel joined the law firm Raines Feldman LLP and filed a motion with the Court to approve the engagement of Raines Feldman shortly thereafter. Please note that Kathy Phelps can now be reached at [email protected] and Dave Castleman can now be reached at [email protected]. Please check back for updates on this new website for future filings, news, and other updates.
September 29, 2020
The Court has converted to hearing on the Motions listed below which are set for October 1, 2020 at 1:30 p.m. to a Zoom hearing. You are not required to attend the hearing, but if you wish to attend, please follow the Court’s instructions below:
CLERKS NOTICE CONVERTING MOTIONS HEARING TO ZOOM HEARING. Motion Hearing re: [69], [70], [71], and [72] set for 10/1/2020 01:30 PM in San Francisco before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.
Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc
General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.
Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.
as to [70] MOTION FOR ENTRY OF AN ORDER APPROVING SETTLEMENT WITH UNITED RESOURCE HOLDINGS GROUP, INC., UNITED MILLING AND REFINING CORP., AND SPRINGBOK DEVELOPMENT LLC , [69] MOTION FOR ENTRY OF AN ORDER APPROVING: (1) RECEIVERS PLAN OF DISTRIBUTION; (2) SIERRA GOLD LLC AGREEMENT; (3) FORM AGREEMENTS WITH INVESTORS; AND (4) FORM AND MANNER OF NOTICE , [71] MOTION FOR ENTRY OF AN ORDER UNDER 28 U.S.C. § 2004 FOR APPROVAL OF SALE OF PUBLICLY TRADED SHARES , [72] MOTION FOR ENTRY OF AN ORDER APPROVING SETTLEMENT OF CLAIM ASSERTED BY INVESTOR GREGORY CAPSON . Motion Hearing set for 10/1/2020 01:30 PM in San Francisco before Judge Edward M. Chen.
February 18, 2020
On February 6, 2020, the Court entered its Amended Order Granting Administrative Motion by Receive Pursuant to Local Civil Rule 7-11 For Entry of Order: (1) Establishing Claims Bar Date; (2) Approving Form and Manner of Notice; (3) Approving Proof of Claim Form and Summary Procedures; and (4) Establishing the Net Investment Methodology for Claims. The Court set April 6, 2020 as the Claims Bar Date. All claimants are to submit a Proof of Claim form to the Receiver no later than April 6, 2020 or their claims will be forever barred.
Court Filings
Please click on the following links to view copies of:
About the Receiver
Kathy Bazoian Phelps, Partner
310-424-4080
[email protected]
Kathy Bazoian Phelps is lawyer at Raines Feldman LLP, a board director on three non-profit boards, and an author. She has been practicing law since 1991, with experience in bankruptcy and receivership law, fiduciary representation, and fraud litigation. She is particularly knowledgeable about fraud detection and the administration of Ponzi scheme cases in bankruptcies and receiverships. She has served as a fiduciary in bankruptcy cases and represents receivers in federal regulatory as well as state court receivership cases.
Kathy is a frequently requested speaker on topics ranging from bankruptcy, financial compliance, fraud detection, Ponzi schemes, and handling disruptive personalities in corporations. She applies her knowledge across a wide variety of industries ranging from financial institutions to real estate-related businesses.
Kathy’s publications include the following:
- The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes. co-authored with Hon. Steven Rhodes (Ret.) (LexisNexis® 2012)
- Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case, co-author (American Bankruptcy Institute 2015)
- Ponzi-Proof Your Investments: An Investor’s Guide to Avoiding Ponzi Schemes and Other Fraudulent Scams (IRR Publishing 2013)
- The Depths of Deepening Insolvency: Damage Exposure For Officers, Directors and Others, co-authored with Prof. Jack F. Williams (American Bankruptcy Institute 2013)
- Author of The Ponzi Scheme Blog at http://theponzibook.blogspot.com/
FAQ
Frequently Asked Questions
What is a Receiver?
A Receiver is an individual appointed by the United States District Court to act as a neutral party responsible for administering the assets of the receivership entities and to distribute them to the investors and creditors. The Court provides instructions concerning the Receiver’s various responsibilities, duties and obligations. The Order Appointing Receiver sets forth the Receiver’s duties in this case. The Receiver makes periodic reports to the Court. The Receiver will distribute the recovered assets to investors and creditors in accordance with an order from the Court.
Who does the Receiver work for?
The Receiver is an agent of the Court and therefore works for the appointing judge. The beneficiaries of the Receiver’s work are the investors and creditors.
Can I write off my investment loss?
The Receiver cannot give tax or other legal advice. Please consult with your accountant or tax advisor and seek their advice.
Do you have an estimate of what percent of our original investment may be returned to us in the form of a distribution?
It is too early to make such an estimate. Once the claims bar date has run and all claims have been submitted, the Receiver will be able to better assess the amount of assets and claims in the case and to start to fashion an equitable distribution plan.
Is there a deadline to file a claim?
The Court has set a claims bar date for April 6, 2020. If you believe you have a claim against the Receivership Defendants, make sure to submit a completed Proof of Claim form to the Receiver on or before April 6, 2020.
Is my Broker Dealer, responsible for my losses, and, if so, what will the Receiver do?
Investors will need to consult with their own attorney to ascertain their rights to pursue personal claims against brokers.
How do I contact the Receiver?
All parties are encouraged to search the site first, before attempting to contact the Receiver directly, which will keep costs down and limit the administrative burden to the estate. If direct contact is necessary, the Receiver can be contacted at:
Kathy Bazoian Phelps, Receiver
Raines Feldman LLP
1800 Avenue of the Stars, 12th Floor
Los Angeles, CA 90067
The website will also be updated to reflect significant receivership events.
Filings / Court Documents
Receiver Reports:
Receivers First Status Report (Filed April 29, 2020, DOC 56)
Court Documents:
NINTH ADMINISTRATIVE MOTION FOR AN ORDER PURSUANT TO LOCAL RULE 7-11 FOR THE APPROVAL OF FEES AND EXPENSES FOR RECEIVER, RAINES FELDMAN LITTRELL LLP, AND MILLER KAPLAN ARASE LLC FROM OCTOBER 1, 2022 TO DECEMBER 31, 2023 (Filed March 18, 2024, DOC 125)
DECLARATION OF KATHY BAZOIAN PHELPS IN SUPPORT OF NINTH ADMINISTRATIVE MOTION FOR AN ORDER PURSUANT TO LOCAL RULE 7-11 FOR THE APPROVAL OF FEES AND EXPENSES FOR RECEIVER, RAINES FELDMAN LITTRELL LLP, AND MILLER KAPLAN ARASE LLP FROM OCTOBER 1, 2022 TO DECEMBER 31, 2023 (Filed March 18, 2024, DOC 125-1)
DECLARATION OF NICHOLAS SANCHEZ IN SUPPORT OF NINTH ADMINISTRATIVE MOTION FOR AN ORDER PURSUANT TO LOCAL RULE 7-11 FOR THE APPROVAL OF FEES AND EXPENSES FOR RECEIVER, RAINES FELDMAN LITTRELL LLP, AND MILLER KAPLAN ARASE LLP FROM OCTOBER 1, 2022 TO DECEMBER 31, 2023 (Filed March 18, 2024, DOC 125-2)
[PROPOSED] ORDER APPROVING NINTH ADMINISTRATIVE MOTION FOR AN ORDER PURSUANT TO LOCAL RULE 7-11 FOR THE APPROVAL OF FEES AND EXPENSES FOR RECEIVER, RAINES FELDMAN LITTRELL LLP, AND MILLER KAPLAN ARASE LLP FROM OCTOBER 1, 2022 TO DECEMBER 31, 2023 (Filed March 18, 2024, DOC 125-3)
Order Approving Eighth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Raines Feldman LLP, And Miller Kaplan Arase LLP From October 1, 2021 To September 30, 2022 (Filed November 4, 2022, DOC 122)
Eighth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Raines Feldman LLP, And Miller Kaplan Arase LLP From October 1, 2021 To September 30, 2022 (Filed November 4, 2022, DOC 121)
Declaration Of Kathy Bazoian Phelps In Support Of Eighth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Raines Feldman LLP, And Miller Kaplan Arase LLP From October 1, 2021 To September 30, 2022 (Filed November 4, 2022, DOC 121-1)
Declaration Of Julia Damasco In Support Of Eighth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Raines Feldman LLP, And Miller Kaplan Arase LLP From October 1, 2021 To September 30, 2022 (Filed November 4, 2022, DOC 121-2)
[Proposed] Order Approving Eighth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Raines Feldman LLP, And Miller Kaplan Arase LLP From October 1, 2021 To September 30, 2022 (Filed November 4, 2022, DOC 121-3)
Consent Order for Permanent Injunction, Civil Monetary Penalty and Other Equitable Relief Against Defendants (Filed November 24, 2021, DOC 119)
Joint Stipulation for Entry of Consent Order for Permanent Injunction, Civil Monetary Penalty, and Other Equitable Relief (Filed November 18, 2021, DOC 118)
[PROPOSED] Order for Permanent Injunction, Civil Monetary Penalty and Other Equitable Relief Against Defendants (Filed November 18, 2021, DOC 118-1)
Order Approving Seventh Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman, LLP and Miller Kaplan Arase LLP From July 1, 2021 to September 30, 2021 (Filed November 3, 2021, DOC 117)
Seventh Administrative Motion For An Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman, LLP and Miller Kaplan Arase LLP From July 1, 2021 to September 30, 2021 (Filed November 3, 2021, DOC 116)
Declaration of Kathy Bazoian Phelps in Support of Seventh Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman, LLP and Miller Kaplan Arase LLP From July 1, 2021 to September 30, 2021 (Filed November 3, 2021, DOC 116-1)
Declaration of David A. Castleman in Support of Seventh Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman, LLP and Miller Kaplan Arase LLP From July 1, 2021 to September 30, 2021 (Filed November 3, 2021, DOC 116-2)
Declaration of Julia Damasco in Support of Seventh Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman, LLP and Miller Kaplan Arase LLP From July 1, 2021 to September 30, 2021 (Filed November 3, 2021, DOC 116-3)
Order Granting Administrative Motion by Receiver Kathy Bazoian Phelps for Entry of an Order: (1) Approving Second Interim Distribution; (2) Approving the Resolution of Certain Tax Matters; and (3) Barring Future Claims (Filed August 23, 2021, DOC 112)
Administrative Motion by Receiver Kathy Bazoian Phelps for Entry of an Order: (1) Approving Second Interim Distribution; (2) Approving the Resolution of Certain Tax Matters; and (3) Barring Future Claims (Filed August 9, 2021, DOC 109)
Declaration of Kathy Bazoian Phelps in Support of Notice of Motion and Administrative Motion by Receiver Kathy Bazoian Phelps for Entry of an Order: (1) Approving Second Interim Distribution; (2) Approving the Resolution of Certain Tax Matters; and (3) Barring Future Claims (Filed August 9, 2021, DOC 109-1)
Declaration of David Castleman in Support of Notice of Motion and Administrative Motion by Receiver Kathy Bazoian Phelps for Entry of an Order: (1) Approving Second Interim Distribution; (2) Approving the Resolution of Certain Tax Matters; and (3) Barring Future Claims (Filed August 9, 2021, DOC 109-2)
[PROPOSED] Order Granting Administrative Motion by Receiver Kathy Bazoian Phelps for Entry of an Order: (1) Approving Second Interim Distribution; (2) Approving the Resolution of Certain Tax Matters; and (3) Barring Future Claims (Filed August 9, 2021, DOC 109-3)
Order Approving Sixth Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman LLP, Diamond McCarthy LLP, and Miller Kaplan Arase LLP from April 1, 2021 to June 30, 2021 (Filed August 2, 2021. DOC 108)
Sixth Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman LLP, Diamond McCarthy LLP, and Miller Kaplan Arase LLP from April 1, 2021 to June 30, 2021 (Filed July 27, 2021. DOC 107)
Declaration of Kathy Bazoian Phelps in Support of Sixth Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman LLP, Diamond McCarthy LLP, and Miller Kaplan Arase LLP from April 1, 2021 to June 30, 2021 (Filed July 27, 2021. DOC 107-1)
Declaration of David Castleman in Support of Sixth Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman LLP, Diamond McCarthy LLP, and Miller Kaplan Arase LLP from April 1, 2021 to June 30, 2021 (Filed July 27, 2021. DOC 107-2)
Declaration of Julia Damasco in Support of Sixth Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman LLP, Diamond McCarthy LLP, and Miller Kaplan Arase LLP from April 1, 2021 to June 30, 2021 (Filed July 27, 2021. DOC 107-3)
[PROPOSED] Order Approving Sixth Administrative Motion for an Order Pursuant to Local Rule 7-11 for the Approval of Fees and Expenses for Receiver, Raines Feldman LLP, Diamond McCarthy LLP, and Miller Kaplan Arase LLP from April 1, 2021 to June 30, 2021 (Filed July 26, 2021 DOC 107-4)
Order Granting Administrative Motion by Receiver Kathy Bazoian Phelps Pursuant to Local Civil Rule 7-11 for Order Approving Employment of Raines Feldman LLP (Filed May 10, 2021, DOC 104)
Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Substitution Of Counsel And Employment Of Raines Feldman LLP (Filed April 28, 2021, DOC 99)
Declaration Of Kathy Bazoian Phelps In Support Of Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Substitution Of Counsel And Employment Of Raines Feldman LLP (Filed April 28, 2021, DOC 99-1)
Declaration Of David Castleman In Support Of Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Substitution Of Counsel And Employment Of Raines Feldman LLP (Filed April 28, 2021, DOC 99-2)
[PROPOSED] Order Granting Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Substitution Of Counsel And Employment Of Raines Feldman LLP (Filed April 28, 2021, DOC 99-3)
Certificate Of Service (Filed April 28, 2021, DOC 99-4)
Order Approving Fifth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond Mccarthy LLP, And Miller Kaplan Arase LLP Through March 31, 2021 (Filed April 23, 2021, DOC 97)
Fifth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Miller Kaplan Arase LLP Through March 31, 2021 (Filed April 15, 2021, DOC 96)
Declaration Of Kathy Bazoian Phelps In Support Of Fifth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Miller Kaplan Arase LLP Through March 31, 2021 (Filed April 15, 2021, DOC 96-1)
Declaration Of David A. Castleman In Support Of Fifth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Miller Kaplan Arase LLP Through March 31, 2021 (Filed April 15, 2021, DOC 96-2)
Declaration Of Julia Damasco In Support Of Fifth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Miller Kaplan Arase LLP Through March 31, 2021 (Filed April 15, 2021, DOC 96-3)
[Proposed] Order Approving Fifth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Miller Kaplan Arase LLP Through March 31, 2021 (Filed April 15, 2021, DOC 96-4)
Order Approving Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Arase Kaplan LLP Through December 31, 2020 (Filed February 15, 2021, DOC 92)
Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Kaplan Arase LLP Through December 31, 2020 (Filed February 8, 2021, DOC 91)
Declaration Of Kathy Bazoian Phelps In Support Of Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Kaplan Arase LLP Through December 31, 2020 (Filed February 8, 2021, DOC 91-1)
Declaration Of David A. Castleman In Support Of Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Kaplan Arase LLP Through December 31, 2020 (Filed February 8, 2021, DOC 91-2)
Declaration Of Fred Koenen In Support Of Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Kaplan Arase LLP Through December 31, 2020 (Filed February 8, 2021, DOC 91-3)
Declaration Of Julia Damasco In Support Of Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Kaplan Arase LLP Through December 31, 2020 (Filed February 8, 2021, DOC 91-4)
[Proposed] Order Approving Fourth Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, Schinner & Shain, LLP, And Miller Kaplan Arase LLP Through December 31, 2020 (Filed February 8, 2021, DOC 91-5)
Notice Of Motion And Administrative Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Interim Distribution To Claimants (Filed December 17, 2020, DOC 87)
Declaration Of Kathy Bazoian Phelps In Support Of Administrative Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Interim Distribution To Claimants (Filed December 17, 2020, DOC 87-1)
[Proposed] Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Interim Distribution To Claimants (Filed December 17, 2020, DOC 87-2)
Order Approving Third Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Schinner & Shain, LLP Through September 30, 2020 (Filed November 6, 2020, DOC 84)
Third Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Schinner & Shain, LLP Through September 30, 2020 (Filed November 5, 2020, DOC 83)
Declaration Of Kathy Bazoian Phelps In Support Of Third Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Schinner & Shain, LLP Through September 30, 2020 (Filed November 5, 2020, DOC 83-1)
Declaration Of David A. Castleman In Support Of Third Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Schinner & Shain, LLP Through September 30, 2020 (Filed November 5, 2020, DOC 83-2)
Declaration Of Fred Koenen In Support Of Third Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Schinner & Shain, LLP Through September 30, 2020 (Filed November 5, 2020, DOC 83-3)
[Proposed] Order Approving Third Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For Receiver, Diamond McCarthy LLP, And Schinner & Shain, LLP Through September 30, 2020 (Filed November 5, 2020, DOC 83-4)
Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement Of Claim Asserted By Investor Gregory Capson (Filed October 5, 2020, DOC 82)
Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Under 28 U.S.C.§ 2004 For Approval Of Sale Of Publicly Traded Shares (Filed October 5, 2020, DOC 81)
Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement With United Resource Holdings Group, Inc., United Milling And Refining Corp., And SpringBok Development LLC. (Filed October 5, 2020, DOC 80)
Order Approving Motion For Entry Of An Order Approving: (1) Receiver’s Plan Of Distribution; (2) Sierra Gold LLC Agreement; (3) Form Agreements With Investorss; And (4) Form And Manner Of Notice. (Filed October 5, 2020, DOC 79)
Notice Of Motion And Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement Of Claim Asserted By Investor Gregory Capson. (Filed August 27, 2020, DOC 72)
Declaration Of Kathy Bazoian Phelps In Support Of Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement Of Claim Asserted By Investor Gregory Capson. (Filed August 27, 2020, DOC 72-1)
[Proposed] Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement Of Claim Asserted By Investor Gregory Capson. (Filed August 27, 2020, DOC 72-2)
Notice Of Motion And Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Under 28 U.S.C.§ 2004 For Approval Of Sale Of Publicly Traded Shares. (Filed August 27, 2020, DOC 71)
Declaration Of Kathy Bazoian Phelps In Support Of Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Under 28 U.S.C.§ 2004 For Approval Of Sale Of Publicly Traded Shares. (Filed August 27, 2020, DOC 71-1)
[Proposed] Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Under 28 U.S.C.§ 2004 For Approval Of Sale Of Publicly Traded Shares. (Filed August 27, 2020, DOC 71-2)
Notice Of Motion And Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement With United Resource Holdings Group, Inc., United Milling And Refining Corp., And Springbok Development Inc. (Filed August 27, 2020, DOC 70)
Declaration Of Kathy Bazoian Phelps In Support Of Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement With United Resource Holdings Group, Inc., United Milling And Refining Corp., And Springbok Development Inc. (Filed August 27, 2020, DOC 70-1)
[Proposed] Order Approving Motion By Receiver Kathy Bazoian Phelps For Entry Of An Order Approving Settlement With United Resource Holdings Group, Inc., United Milling And Refining Corp., And Springbok Development Inc. (Filed August 27, 2020, DOC 70-2)
Notice Of Motion And Motion For Entry Of An Order Approving: (1) Receiver’s Plan Of Distribution; (2) Sierra Gold LLC Agreement; (3) Form Agreements With Investors; And (4) Form And Manner Of Notice (Filed August 27, 2020, DOC 69)
Declaration Of Kathy Bazoian Phelps In Support Of Motion For Entry Of An Order Approving: (1) Receiver’s Plan Of Distribution; (2) Sierra Gold LLC Agreement; (3) Form Agreements With Investors; And (4) Form And Manner Of Notice (Filed August 27, 2020, DOC 69-1)
[Proposed] Order Approving Motion For Entry Of An Order Approving (1) Receiver’s Plan Of Distribution; (2) Sierra Gold LLC Agreement; (3) Form Agreements With Investors; And (4) Form And Manner Of Notice (Filed August 27, 2020, DOC 69-2)
Order Approving Second Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For The Receiver, Diamond McCarthy LLP, Miller Kaplan Arase LLP, And Schinner & Shain LLP Through June 30, 2020 (Filed August 12, 2020, DOC 68)
Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Resceduling Case Management Conference (Filed July 31, 2020, DOC 65)
Joint Stipulation To Extend Deadline To Answer Or Otherwise Plead, And To Reschedule Initial Case Management Conference (Filed July 31, 2020, DOC 64)
Declaration Of Alan Patrick Smith In Support Of Joint Stipulation To Extend Deadline To Answer Or Otherwise Plead, And To Reschedule Initial Case Management Conference (Filed July 31, 2020, DOC 64-1)
Order Approving Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For The Receiver And Counsel From December 4, 2019 Through March 31, 2020 (Filed May 6, 2020, DOC 58)
Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For The Receiver And Counsel From December 4, 2019 Through March 31, 2020 (Filed April 29, 2020, DOC 57)
Declaration Of Kathy Bazoian Phelps In Support Of Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For The Receiver And Counsel From December 4, 2019 Through March 31, 2020 (Filed April 29, 2020, DOC 7-1)
Declaration of Sheryl P. Giugliano In Support Of Administrative Motion For An Order Pursuant To Local Rule 7-11 For The Approval Of Fees And Expenses For The Receiver And Counsel From December 4, 2019 Through March 31, 2020 (Filed April 29, 2020, DOC 57-2)
Receivers First Status Report (Filed April 29, 2020, DOC 56)
Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Rescheduling Case Management Conference (Filed April 24, 2020, DOC 55)
Joint Stipulation To Extend Deadline To Answer Or Otherwise Plead, And To Reschedule Initial Case Management Conference (Filed April 24, 2020, DOC 54)
Declaration Of Carlin Metzger In Support Of Joint Stipulation To Extend Deadline For Defendants To Respond To Complaint, And To Reschedule Case Management Conference (Filed April 24, 2020, DOC 54-1)
[Proposed] Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Rescheduling Case Management Conference (Filed April 24, 2020, DOC 54-2)
Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Rescheduling Case Management Conference (Filed March 15, 2020, DOC 53)
Joint Stipulation To Extend Deadline To Answer Or Otherwise Plead, And To Reschedule Initial Case Management Conference (Filed March 13, 2020, DOC 52)
Declaration Of Carlin Metzger In Support Of Joint Stipulation To Extend Deadline For Defendants To Respond To Complaint, And To Reschedule Case Management Conference (Filed March 13, 2020, DOC 52-1)
[Proposed] Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Rescheduling Case Management Conference (Filed March 13, 2020, DOC 52-2)
Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Rescheduling Case Management Conference (Filed February 7, 2020, DOC 49)
Joint Stipulation To Extend Deadline To Answer Or Otherwise Plead, And To Reschedule Initial Case Management Conference (Filed February 7, 2020, DOC 48)
Declaration Of Carlin Metzger In Support Of Joint Stipulation To Extend Deadline For Defendants To Respond To Complaint, And To Reschedule Case Management Conference (Filed February 7, 2020, DOC 48-1)
[Proposed] Order Extending Deadline For Defendants To Answer Or Otherwise Plead, And Rescheduling Case Management Conference (Filed February 7, 2020, DOC 48-2)
Order Granting Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Employment Of: (1) Diamond McCarthy LLP, As General Counsel; (2) Miller Kaplan LLP As Tax Advisor; And (3) Schinner & Shain As Securities Counsel (Filed February 4, 2020, DOC 44)
Clerk’s Notice (Filed February 4, 2020, DOC 43)
Administrative Motion By Receiver Pursuant To Local Civil Rule 7-11 For Entry Of Order: (1) Establishing Claims Bar Date; (2) Approving Form And Manner Of Notice; (3) Approving Proof Of Claim Form And Summary Procedures; And (4) Establishing The Net Investment Methodology For Claims (Filed January 22, 2020, DOC 42)
[Proposed] Order Granting Administrative Motion By Receiver Pursuant To Local Civil Rule 7-11 For Entry Of Order: (1) Establishing Claims Bar Date; (2) Approving Form And Manner Of Notice; (3) Approving Proof Of Claim Form And Summary Procedures; And (4) Establishing The Net Investment Methodology For Claims (Filed January 22, 2020, DOC 42-2)
Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Employment Of: (1) Diamond McCarthy LLP, As General Counsel; (2) Miller Kaplan LLP As Tax Advisor; And (3) Schinner & Shain As Securities Counsel (Filed January 9, 2020, DOC 40)
Declaration Of Kathy Bazoian Phelps In Support Of Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Employment Of: (1) Diamond McCarthy LLP, As General Counsel; (2) Miller Kaplan LLP As Tax Advisor; And (3) Schinner & Shain As Securities Counsel (Filed January 9, 2020, DOC 40-1)
[Proposed] Order Granting Administrative Motion By Receiver Kathy Bazoian Phelps Pursuant To Local Civil Rule 7-11 For Order Approving Employment Of: (1) Diamond McCarthy LLP, As General Counsel; (2) Miller Kaplan LLP As Tax Advisor; And (3) Schinner & Shain As Securities Counsel (Filed January 9, 2020, DOC 40-2)
Order Extending Deadline For Defendants To Answer Or Otherwise Plead (Filed December 30, 2019, DOC 39)
Joint Stipulation For Extension Of Deadline To Answer Or Otherwise Plead (Filed December 26, 2019, DOC 38)
Declaration Of Carlin Metzger In Support Of Joint Stipulation To Extend Briefing Schedule (Filed December 26, 2019, DOC 38-1)
[Proposed] Order Extending Deadline For Defendants To Answer Or Otherwise Plead (Filed December 26, 2019, DOC 38-2)
Consent Order For Preliminary Injunction And Other Ancillary Relief Against Defendants (Filed December 4, 2019, DOC 37)
Joint Stipulation For Entry Of Preliminary Injunction Order (Filed December 3, 2019, DOC 36)
[Proposed] Consent Order For Preliminary Injunction And Other Ancillary Relief Against Defendants (Filed December 3, 2019, DOC 36-1)
Plaintiff’s Motion For Expedited Discovery (Filed November 8, 2019, DOC 19)
Exhibit A – [Proposed] Order Granting Motion For Expedited Discovery (Filed November 8, 2019, DOC 19-1)
Plaintiff’s Memorandum Of Points And Authorities In Support Of Its Motions For Preliminary Injunction And Appointment Of Temporary Receiver (Filed November 8, 2019, DOC 18)
Appendix Of Exhibits To Plaintiff’s Motion For Preliminary Injunction (Filed November 8, 2019, DOC 18-1)
Exhibit A – Declaration Of Nicole Wahls (NFA) – Plaintiff’s Memorandum Of Points And Authorities In Support Of Its Motions For Preliminary Injunction And Appointment Of Temporary Receiver (Filed November 8, 2019, DOC 18-2)
Exhibit B – Declaration Of Joy McCormack (CFTC) – Plaintiff’s Memorandum Of Points And Authorities In Support Of Its Motions For Preliminary Injunction And Appointment Of Temporary Receiver (Filed November 8, 2019, DOC 18-3)
Exhibit C – Declaration Of Beau Oyler – Plaintiff’s Memorandum Of Points And Authorities In Support Of Its Motions For Preliminary Injunction And Appointment Of Temporary Receiver (Filed November 8, 2019, DOC 18-4)
Exhibit D – Testimony Excepert Travis Capson – Plaintiff’s Memorandum Of Points And Authorities In Support Of Its Motions For Preliminary Injunction And Appointment Of Temporary Receiver (Filed November 8, 2019, DOC 18-5)
Exhibit E – Testimony Excepert Arnab Sarkar – Plaintiff’s Memorandum Of Points And Authorities In Support Of Its Motions For Preliminary Injunction And Appointment Of Temporary Receiver (Filed November 8, 2019, DOC 18-6)
Plaintiff’s Motion For Appointment Of A Temporary Receiver (Filed November 8, 2019, DOC 16)
Plaintiff’s Motion For Preliminary Injunction (Filed November 8, 2019, DOC 15)
[Proposed] Order For Preliminary Injunction, Appointment Of A Temporary Receiver And Other Ancillary Relief Against Defendants (Filed November 8, 2019, DOC 15-1)
Order Setting Initial Case Management Conference And ADR Deadlines (Filed November 5, 2019, DOC 5)
Complaint for Injunctive Relief, Civil Monetary Penalties, And Other Equitable Relief (Filed, November 5, 2019, DOC 1)
Contact the Receiver
All parties are encouraged to search the site first, before attempting to contact the Receiver directly, which will keep costs down and limit the administrative burden to the estate. If direct contact is necessary, the Receiver can be contacted at:
Kathy Bazoian Phelps, Receiver
Raines Feldman LLP
1800 Avenue of the Stars, 12th Floor
Los Angeles, CA 90067
The website will also be updated to reflect significant receivership events.