Receivership Filings

Case Number 3:16-cv-01735-D

Securities and Exchange Commission v. Christopher A. Faulkner, Breitling Energy Corporation, Jeremy S. Wagers, Judson F. (“Rick”) Hoover, Parker R. Hallam, Joseph Simo, Dustin Michael Miller Rodriguez, Beth c. Handkins, Gilbert Steedley, Breitling Oil & Gas Corporation, Crude Energy, LLC, Patriot Energy, Inc., Defendants, and Tamra M. Freedman and Jetmir Ahmedi, Relief Defendants.

In the United States District Court for the Northern District of Texas, Dallas Division

Date of Filing Docket # / Docket Text
03/30/2022 ADVISORY TO COUNSEL: Counsel are requested to confer and advise the court by letter of their availability to present oral argument on 644 MOTION to Clarify Order Confirming the Sale of Real Property re 640 Order on Motion for Miscellaneous Relief filed by Thomas L. Taylor, III on any of the following dates: April 25-28, 2022, and May 9-12, 2022. The letter can be submitted electronically to Fitzwater_Orders@txnd.uscourts.gov. The court will later enter an order regarding the procedure and time limits for argument. The hearing will be held in person in the courtroom. Participants who have not been vaccinated against COVID must wear masks and adhere to social distancing requirements. Participants who prefer to wear masks may do so. (Senior Judge Sidney A. Fitzwater) (Entered: 03/30/2022)
03/30/2022 650 ORDER granting 646 MOTION FOR ORDER APPROVING SEVENTEENTH INTERIM APPLICATION TO PAY FEES INCURRED BY THE RECEIVER FOR THE CALENDAR QUARTER ENDING DECEMBER 31, 2021
03/24/2022 649 REPLY filed by Thomas L Taylor, III re 644
03/10/2022 648 Appendix in Support filed by Elm Creek Energy, LLC, John & Theresa Hillman Family Properties, LP re 647
03/10/2022 647 RESPONSE filed by Elm Creek Energy, LLC, John & Theresa Hillman Family Properties, LP
03/08/2022 646 MOTION FOR ORDER APPROVING SEVENTEENTH INTERIM APPLICATION TO PAY FEES INCURRED BY THE RECEIVER FOR THE CALENDAR QUARTER ENDING DECEMBER 31, 2021
02/17/2022 645 Appendix in Support filed by Thomas L Taylor, III re 644 MOTION to Clarify Order Confirming the Sale of Real Property re 640 Order on Motion for Miscellaneous Relief (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5, # 6 Exhibit(s) Exhibit 6, # 7 Exhibit(s) Exhibit 7, # 8 Exhibit(s) Exhibit 8, # 9 Exhibit(s) Exhibit 9, # 10 Exhibit(s) Exhibit 10, # 11 Exhibit(s) Exhibit 11, # 12 Exhibit(s) Exhibit 12, # 13 Exhibit(s) Exhibit 13, # 14 Exhibit(s) Exhibit 14, # 15 Exhibit(s) Exhibit 15, # 16 Exhibit(s) Exhibit 16, # 17 Exhibit(s) Exhibit 17, # 18 Exhibit(s) Exhibit 18, # 19 Exhibit(s) Exhibit 19, # 20 Exhibit(s) Exhibit 20, # 21 Exhibit(s) Exhibit 21, # 22 Exhibit(s) Exhibit 22, # 23 Exhibit(s) Exhibit 23, # 24 Exhibit(s) Exhibit 24, # 25 Declaration(s) of Thomas L. Taylor III) (Goforth, Andrew) (Entered: 02/18/2022)
2/17/22 644 MOTION to Clarify Order Confirming the Sale of Real Property re 640 Order on Motion for Miscellaneous Relief filed by Thomas L Taylor, III with Brief/Memorandum in Support 645 APPENDIX in Support
1/12/2022 643 STATUS REPORT FOR THE CALENDAR QUARTER ENDING DECEMBER 31, 2021 filed by Thomas L Taylor, III
12/22/2021 642 ORDER granting Q3 2021 Fee Application by the Receiver
11/30/2021 641 MOTION FOR ORDER approving Q3 2021 Fee Application by the Receiver
11/05/2021 640 ORDER granting 633 MOTION for Entry of Order Confirming Sale of Real Property
11/03/2021 639 ORDER granting 632 MOTION to Subsume Certain Assets into the Receivership Estate for Liquidation re 390 Order on Motion for Miscellaneous Relief
11/02/2021 638 FINAL BAR ORDER
11/02/2021 637 ORDER granting 591 the Receiver’s Motion to Approve Proposed Settlement with Rothstein Kass Defendants
11/01/2021 636 NOTICE of Advisory to Court Regarding Proposed Rothstein Kass Settlement
10/14/2021 635 STATUS REPORT FOR THE CALENDAR QUARTER ENDING SEPTEMBER 30, 2021 filed by Thomas L Taylor, III
10/14/2021 634 Appendix in Support filed by Thomas L Taylor, III re 633 MOTION for Entry of Order Confirming Sale of Real Property
10/14/2021 633 MOTION for Entry of Order Confirming Sale of Real Property
10/11/2021 632 MOTION to Subsume Certain Assets into the Receivership Estate for Liquidation re 390 Order on Motion for Miscellaneous Relief filed by Thomas L Taylor, III
09/29/2021 631 CERTIFICATE OF SERVICE by Thomas L Taylor, III re 630 Scheduling Order
09/08/2021 630 Scheduling Order
09/08/2021 629 ADVISORY TO COUNSEL: The proposed scheduling order submitted in response to the court’s 627 Memorandum Opinion and Order is not in modifiable Word format, as the Memorandum Opinion and Order directs at page 41, note 27. (The proposed publication notice, however, appears to be.) Please resubmit the proposed scheduling order in modifiable Word format. (Senior Judge Sidney A. Fitzwater) (Entered: 09/08/2021)
09/03/2021 628 ORDER granting 623 MOTION
09/02/2021 627 MEMORANDUM OPINION AND ORDER denying 587 MOTION
08/26/2021 626- Notice of Filing of Official Electronic Transcript of Oral Argument Proceedings held on 8/17/2021 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk’s office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request – Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (57 pages) Redaction Request due 9/16/2021. Redacted Transcript Deadline set for 9/27/2021. Release of Transcript Restriction set for 11/24/2021. (pjw) (Entered: 08/26/2021)
08/23/2021 625 NOTICE of Change of Address for Attorney Andrew M Goforth on behalf of Thomas L Taylor, III
08/17/2021 624- ELECTRONIC Minute Entry for proceedings held before Senior Judge Sidney A Fitzwater: Motion Hearing/Oral argument heard on 8/17/2021 re 594 Motion for Injunction filed by Thomas L Taylor, III, 587 Motion for Miscellaneous Relief,,, filed by Steven M. Plumb, Jinsun LLC, Silver Star Holdings Trust, J. Leonard Ivins, Vertical Holdings, LLC, TPH Holdings, LLC, 591 Motion for Miscellaneous Relief filed by Thomas L Taylor, III. Taken under advisement. Written order to follow. Attorney Appearances: Plaintiff – Brian Lauten; Defense – Edward Snyder for Receiver Thomas Taylor with Linda Stahl and Thomas Zaccaro. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court – 1:20. (chmb) (Entered: 08/17/2021)
08/12/2021 623 MOTION FOR ORDER APPROVING FIFTEENTH INTERIM APPLICATION TO PAY FEES INCURRED BY THE RECEIVER FOR THE CALENDAR QUARTER ENDING JUNE 30, 2021 filed by Thomas L Taylor, III
07/16/2021 622 Order Motion Hearing set for 8-17-2021
07/15/2021 621 Response filed by Jinsun LLC re 620 Order
07/14/2021 620 ELECTRONIC ORDER: The Jinsun Plaintiffs’ 605 request for oral argument is GRANTED. Counsel are requested to confer and advise the court by letter of their availability to present oral argument on 587 the Jinsun Plaintiffs’ third motion to lift stay, request for judicial notice of receiver’s settlement with Rothstein Kass; 591 the Receiver’s unopposed motion to approve proposed settlement with Rothstein Kass and expedited request for entry of scheduling order; and 594 the Receiver’s motion to enter proposed final bar order, on any of the following dates: August 16-19, 23-26, and 30-31, 2021. The court will later enter an order regarding the procedure and time limits for argument. (Ordered by Senior Judge Sidney A Fitzwater on 7/14/2021) (Senior Judge Sidney A Fitzwater) (Entered: 07/14/2021)
07/09/2021 619 Quarterly Status Report of the Receiver for the Calendar Quarter Ending June 30, 2021
06/17/2021 618 Order Approving Fourteenth Interim Application to Pay Fees Incurred by the Receiever for the Calender Quarter Ending in March 31, 2021
06/07/2021 617 REPLY filed by Jinsun LLC re 616
06/02/2021 616 RESPONSE filed by Thomas L Taylor, III re 610
06/02/2021 615 Appendix in Support filed by Rothstein Kass re 614
06/02/2021 614 RESPONSE filed by Rothstein Kass re 605 Response-Objection
05/26/2021 613 MOTION FOR ORDER APPROVING FOURTEENTH INTERIM APPLICATION TO PAY FEES INCURRED BY THE RECEIVER FOR THE CALENDAR QUARTER ENDING MARCH 31, 2021 filed by Thomas L Taylor, III
05/20/2021 612 STATUS REPORT Third Amended Status Report Regarding Status of Negotiations and Timeline to File Motions for Remedies filed by Securities and Exchange Commission
05/19/2021 611- ELECTRONIC ORDER granting 607 Unopposed MOTION for Leave to File Documents under Seal filed by Jinsun LLC. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 5/19/2021) (Senior Judge Sidney A Fitzwater) (Entered: 05/19/2021)
05/19/2021 610 Response filed by Jinsun LLC re 591 Motion
05/19/2021 609 Reply filed by Jinsun LLC re 587 Motion
05/19/2021 607 Motion for Leave to File Documents under Seal Unopposed filed by Jinsun LLC with Brief-Memorandum in Support
05/19/2021 606 Appendix in Support of 605
05/19/2021 605 Jinsun Objection to RK Settlement
05/12/2021 604 Appendix in Support of Non-Party Rothstein Kass’s Joinder in Support of Receiever’s Motion to Enter Proposed Final Bar Order
05/12/2021 603 Non-Party Rothstein Kass’s Joinder in Support og Receiever’s Motion to Enter Proposed Final Bar Order
05/03/2021 600 Order re status of 591 Motion to Approve Proposed Settlement with Rothstein Kass filed by Thomas L Taylor, III
04/28/2021 598 Non-Party Rothstein Kass’s Oppostition to the Jinsun Plaintiffs’ Third Motion to Lift Stay
04/28/2021 597 Receiver’s Response to Non-Party State Court Plaintiffs’ Third Motion to Lift Stay
04/21/2021 595 Appendix in Support filed by Thomas L Taylor, III re 594
04/21/2021 594 Motion for Injunction to Enter Proposed Bar Order filed by Thomas L Taylor, III
04/21/2021 593 Response and Objection filed by J. Leonard Ivins, Jinsun LLC, Steven M. Plumb, Silver Star Holdings Trust, TPH Holdings, LLC, Vertical Holdings, LLC re 591
04/21/2021 592 Appendix in Support filed by Thomas L Taylor, III re 591 Motion to Approve Proposed Settlement with Rothstein Kass
04/21/2021 591 Motion to Approve Proposed Settlement with Rothstein Kass
04/08/2021 590 SEC’s Second Amended Status Report Regarding Status of Negotiations and Timeline to File Motions for Remedies
04/08/2021 589 Quarterly Status Report of the Receiver for the Calender Quarter Ending March 31, 2021
04/07/2021 588 Appendix of Motion 587
04/07/2021 587 Non party State Court Plaintiffs’ Third Motion to Lift Stay, Request for Judicial Notice of Receiver’s Settlement with Rothstein Kass, and Brief in Support
03/25/2021 586 Status Report Order
03/15/2021 584 Order Approving Thirteenth Interim Application to Pay Fees Incurred by the Receiver for the Calender Quarter Ending December 31, 2020
03/08/2021 583 Notice of Interlocutory Appeal
02/18/2021 582 Motion For Order Approving Thirteenth Interim Application To Pay Fees Incurred by the Receiver for the Calendar Quarter Ending December 31,2020
01/08/2021 581 Final Judgment in favor of plaintiff Securities and Exchange Commission against defendants Beth C. Handkins, Dustin Michael Miller Rodriguez, and Parker R. Hallam
01/08/2021 580 Memorandum Opinion and Order
01/06/2021 579 Quarterly Status Report of the Receiver for the Calender Quarter Ending December 31, 2020
12/23/2020 578 Order Granting the Receiver’s 577 Unopposed Motion to Approve Proposed Settlement with Scheef & Stone Defendants
12/21/2020 577 Motion to Approve Proposed Settlement with Scheef & Stone and Brief in Support
12/16/2020 576 Order Granting 575 Motion for Order Approving Twelfth application to Pay Fees Incurred by the Receiver for Quarter Ending September 30, 2020
11/24/2020 575 Motion For Order Approving Twelfth Application to Pay Fees Incurred by the Receiver for Quarter Ending in September 30, 2020
11/13/2020 574 Order granting 559 Motion to Invalidate Certain Conveyances in Furtherance of the Court-Approved Plan of Distribution
10/07/2020 573 Quarterly Status Report
09/16/2020 561 Order Granting 556 Motion
09/04/2020 559 Motion to Invalidate Certain Conveyances in Furtherance of Court Approved Plan of Distribution 560 Appendix in Support of Motion to Invalidated (Index) 560-1 Appendix in full
08/25/2020 556 Motion for Order Approving Q2 2020 Fee App
07/28/2020 553 Supplemental MOTION for Judgment
07/09/2020 552 Q2 2020 Status Report
06/03/2020 548 Order Granting 543 Motion
06/01/2020 547 Order Granting 546 Motion
06/01/2020 546 Motion for Leave to Engage Expert Witnesses for Ancillary Proceedings
05/12/2020 543 Q1 2020 Fee App
5/11/2020 542 Order Implementing Plan of Distribution
4/28/2020 541 Memorandum Opinion and Order Granting Receiver’s Motion to Approve Plan of Distribution
4/22/2020 540 Response and Objection filed by Charles Perry
4/13/2020 538 Receiver’s Supplemental Submission in Support of this Motion to Approve Proposed Plan of Distribution 539 Appendix in Support
4/7/2020 537 Receiver’s Status Report for the Calendar Quarter Ending March 31, 2020
4/2/2020 536 Order denying Request to Use Phone Media, granting Motion to Establish Further Procedures for Determination of Receiver’s Pending Motion to Approve Plan of Distribution
3/25/2020 535 Objection re Motion to Approve Receiver’s Proposed Plan for the Ultimate Distribution
3/23/2020 533 Order re Motion to Establish Further Procedures for Determination of Receiver’s Pending Motion to Approve Plan of Distribution
3/23/2020 532 Receiver’s Motion to Establish Further Procedures for Determination of Receiver’s Pending Motion to Approve Plan of Distribution
3/13/2020 529 ELECTRONIC ORDER: Due to the impact of the Coronavirus disease (COVID-19) and pursuant to Special Order 13-5, signed by the Chief Judge on March 13, 2020, the hearing set for April 6, 2020 is CANCELED and will be reset by separate order at a future date. Questions concerning this matter may be addressed to Pat Esquivel, Court Coordinator, at 214-753-2336.
3/5/2020 528 Order Granting Motion to Approve Fee Application for the Calendar Quarter Ending December 31, 2019
2/12/2020 519 Motion to Approve Fee Application for the Calendar Quarter Ending December 31, 2019
2/7/2020 515 Additional Attachments to 437 Petition Against Receiver’s Proposed Distribution Plan by Interested Party Paul A Wohrman.
2/3/2020 511 Order Granting Motion for Entry of Order Confirming Sale of Receivership Estate Property
1/24/2020 509 STATUS REPORT Regarding Status of Negotiations and Timeline to File Motions for Remedies filed by Securities and ExchangeCommission
1/23/2020 506 Order: Hearing set for 4/6/2020 09:00 AM in US Courthouse, Courtroom 1351, 1100 Commerce St., Dallas, TX 75242-1310 before Senior Judge Sidney A Fitzwater to hear timely objections filed in opposition to 406 MOTION to Approve Receiver’s Proposed Plan for the Distribution of Receivership Assets and Establish Procedures to Determine and Disallow Final Claims filed by Thomas L Taylor, III.
1/22/2020 505 Receiver’s Response to Advisory to Counsel
1/22/2020 503 ADVISORY TO COUNSEL FOR THE RECEIVER. The court invites the views of the Receiver on whether the following motion is ready for a hearing: 406 Receiver’s MOTION to approve proposed plan of distribution and to establish procedures to determine and disallow final claims. If so, the hearing will be set for Monday, April 6, 2020 unless the Receiver has a conflict with this date. The Receiver may respond to this advisory by letter filed electronically.
1/21/2020 504 Hardship Request to Release Assets filed by Charles Perry, Cynthia Perry.
1/17/2020 502 Hardship Letter received from Paul A Wohrman.
1/9/2020 499 Receiver’s Status Report for the Calendar Quarter Ending December 31, 2019
1/9/2020 498 Motion for Entry of Order Confirming Sale of Receivership Estate Property
1/6/2020 496 Order Granting Motion to Place Non-Parties Breitling Energy Companies, Inc. and Breitling Royalty Funds, LLC into Receivership
12/18/2019 494 Receiver’s Motion for Leave to File Ancillary Action
12/16/2019 493 Order Granting Motion to Approve Fee Application for the Calendar Quarter Ending September 30, 2019
12/12/2019 492 Receiver’s Unopposed Motion to Place Non-Parties Breitling Energy Companies, Inc. and Breitling Royalty Funds, LLC into Receivership
11/18/2019 491 ORDER denying 470 Amended MOTION to Amend/Correct 469 First MOTION for Leave to File Motion for Order Directing Receiver to Treat Opposer PDM Holdings, LLC as a Secured Party filed by Paula Denise Morris
11/8/2019 489 Motion to Approve Fee Application for the Calendar Quarter Ending September 30, 2019
10/3/2019 486 Receiver’s Status Report for the Calendar Quarter Ending September 30, 2019
09/26/2019 485 SEC’s Status Report
09/09/2019 482 Receiver’s Response to Filed Claims
09/05/2019 481 Notice of Claim on Behalf of Jericho 1031 LLC
09/05/2019 480 Notice of Claim on Behalf of Jericho 5002 LLC
09/05/2019 479 Notice of Claim on Behalf of JLB Legacy LLC
09/03/2019 478 Order Granting Motion to File Ancillary Action- Scheef & Stone
08/30/2019 477 Motion to File Ancillary Action- Scheef & Stone
08/28/2019 476 Order Approving Q2 2019 Fee App
08/27/2019 475 Receiver’s Response in Opposition to PDM Holdings, LLC’s Motion for Leave to File Motion for Order Directing Receiver to Treat PDM Holdings, LLC as a Secured Party
08/19/2019 474 SEC Status Report
08/15/2019 471 Order (PDM Holdings, LLC)
08/14/2019 470 PDM Holdings Request to File Motion
08/14/2019 469 PDM Request to File Motion and Supplemental Declaration – Copy (3)
08/08/2019 467 Order RE Motion to Enter Final Judgment (Hoover)
08/05/2019 464 Motion for Order Approving Q2 2019 Fee App
07/26/2019 463 Order 1 Granting Receiver Authority to Sell Oil and Gas Interests 2 Approving Engagement of Sales and Marketing Firm and 3 Approving Sales Procedures
07/26/2019 462 Memo and Order RE Motion for Authority to Sell Oil and Gas Interests, etc.
07/17/2019 460 Receiver’s Omnibus Response to Objections to Receiver’s Proposed Plan of Distribution
07/15/2019 457 Order Granting Receiver’s Motion to Engage Litigation Counsel
07/12/2019 456 Receiver’s Motion to Engage Litigation Counsel
07/02/2019 455 Petition in Opposition to Receiver’s Proposed Distribution Plan (Schwimmer Family Trust)
07/02/2019 454 Quarterly Status Report of Receiver for Q2 2019
07/01/2019 453 Receiver’s Notice of Receipt of Funds from Carole Faulkner
06/28/2019 452 Objection to Receiver’s Proposed Plan Of Distribution (Carole Faulkner)
06/28/2019 451 Order Denying Motion to Extend
06/24/2019 450 Petition Against Receiver’s Proposed Distribution Plan (Gober)
06/11/2019 448 Petition in Favor of Plan of Distribution (Oelkers)
06/11/2019 447 Petition Against Receiver’s Proposed Distribution Plan (Descamps)
06/11/2019 445 Objection to Receiver’s Proposed Plan (Meyer)
06/10/2019 444 Order Holding in Abeyance Order of March 28 (424)
06/06/2019 443 Petition Against Receiver’s Proposed Distribution Plan (Kohls)
06/07/2019 442 Receiver’s Motion to Hold Order re Plan of Distribution in Abeyance
06/05/2019 440 Declaration re Certificate of Service of Notice of Plan of Distribution
06/04/2019 439 Order Granting Q1 2019 Fee App
05/30/2019 438 Motion for Authority to Sell Portfolio and Retain Marketing Firm 438-1 Motion for Authority to Sell Portfolio and Retain Marketing Firm
05/28/2019 437 Petition against Plan of Distribution (Wohrman)
05/28/2019 436 Petition Against Receiver’s Proposed Distribution Plan filed by Charles Perry, Cynthia Perry
05/15/2019 435 Order Granting Receiver’s Motion for Extension of Time to File Response to Objections
05/14/2019 434 Receiver’s Motion for Extension of Time to File Response to Objections to Proposed Plan
05/13/2019 433 Motion to Approve Q1 2019 Fee App
04/25/2019 429 Objection to Plan of Distribution – Morris
04/12/2019 427 Receiver’s response to Carole Faulkner’s motion for extension of time
04/04/2019 425 Q1 2019 Status Report
03/28/2019 424 Amended Order Granting Plan of Distribution
03/27/2019 421 Motion to Amend Order Granting Plan of Distribution
03/26/2019 419 Order Granting Plan of Distribution
03/26/2019 418 Second Amended Order Appointing Receiver
03/26/2019 417 Order Granting Motion to Expand Receivership to Crude
03/19/2019 415 FINAL JUDGMENT re Wagers
03/14/2019 413 Order Granting Final Judgment re Wagers
03/14/2019 412 Motion to Enter Final Judgment against Wagers
03/13/2019 411 Order Approving Q4 2018 Fee App
03/13/2019 410 Order Granting Motion to Sue Rothstein Kass
03/11/2019 409 Receiver’s Motion for Leave to Sue Rothstein Kass
02/25/2019 407 Appendix in Support of Plan APP 211 – APP 516 407 Appendix in Support of Plan INDEX-APP 211 406 Receiver’s Motion to Approve Proposed Plan of Distribution 406-1 Receiver’s Motion to Approve Proposed Plan of Distribution Exhibit 1
02/25/2019 405 Appendix in Support of Motion to Extend Receivership 404 Receiver’s Motion to Place Crude Energy and Crude Royalties in Receivership
02/25/2019 403 Memorandum opinion and order Frost Bank cash
02/18/2019 402 Q4 2018 Fee App
01/22/2019 397 Memo and Order re Carole Faulkner Fee Award
01/16/2019 390 Order Granting Motion to Turnover Seized Assets
01/16/2019 389 Additional Attachments to Quarterly Status Report by Receiver
01/16/2019 387 Exhibit List for Hearing for Motion to Turnover Assets under the control of Christopher Faulkner
01/15/2019 385 Quarterly Status Report by Receiver
01/03/2019 372 Receiver Reply to Frost Bank Response re Turnover of Assets