ACARTHA RECEIVERSHIP INFORMATION

On January 17, 2012, the United States District Court for the Eastern District of Missouri appointed Claire M. Schenk as Receiver over the following entities:

  • Acartha Group, LLC
  • MIC VII, LLC
  • Acartha Technology Partners, LP
  • Gryphon Investments III, LLC.

To access the most recent documents uploaded to this site, click here.

The Court’s Order establishes the Receiver as the companies' sole administrator and directs and empowers her to manage the business affairs, funds, and property of these entities. Investors, creditors, and other interested individuals may leave a message for the Receiver at (314) 552-6152 or via email at acartha.receivership@thompsoncoburn.com.

Mail may be directed to the Receiver at 505 North 7th Street, St. Louis, MO 63101.

Recent Developments and Newly Added Documents

May 17, 2016
Motion for Leave to File Exhibit C to the Receiver’s Memorandum of Law in Support of Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC under Seal

May 17, 2016
Memorandum of Law in Support of Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC

May 17, 2016
Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC

May 16, 2016
Receiver’s Seventeenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

May 5, 2016
Order Granting Receiver’s Sixteenth Interim Application for Fees and Expenses

May 5, 2016
Order Granting Receiver’s Seventeenth Interim Status Report

May 3, 2016
Eighteenth Interim Status Report of Receiver

April 14, 2016
Order Sustaining Objection of Blink Marketing Group, LLC

February 23, 2016
Declaration of Hany Teylouni in Further Support of Claim No. 20

February 22, 2016
Receiver’s Second Supplemental Memorandum Regarding Objection of Hany Teylouni to Receiver’s Notice of Determination

February 9, 2016
Receiver’s Sixteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

February 8, 2016
Seventeenth Interim Status Report of Receiver

February 8, 2016
Receiver’s Motion for Entry of an Order Approving and Confirming the Receiver’s Seventeenth Interim Status Report

January 22, 2016
Order Approving Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

January 20, 2016
Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

January 16, 2016
Order Granting Receiver’s First Application for Allowance and Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals

January 7, 2016
Motion for Leave to File Exhibit C to the Receiver’s Memorandum of Law in Support of Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

January 7, 2016
Memorandum of Law in Support of Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

January 7, 2016
Receiver’s First Application for Allowance and Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals

December 22, 2015
Receiver’s First Application for Allowance and Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals

November 25, 2015
Order Granting Receiver’s Fifteenth Interim Application for Fees and Expenses

November 9, 2015
Order Approving Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC, and Evergrid/MIC VII, LLC

November 6, 2015
Notice of No Outstanding Objection and Request for Entry of Order on Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC, and Evergrid/MIC VII, LLC

November 4, 2015
Receiver’s Fifteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

October 28, 2015
Sixteenth Interim Status Report of Receiver

October 14, 2015
Memorandum of Law in Support of Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC and Evergrid/MIC VII, LLC

October 14, 2015
Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC and Evergrid/MIC VII, LLC

September 15, 2015
Order Granting Receiver’s Fourteenth Interim Application for Fees and Expenses

September 2, 2015
Order Granting Receiver’s Fourteenth Interim Application for Fees and Expenses

August 11, 2015
Notice of Trustee’s Final Report and Applications for Compensation and Deadline to Object (NFR)

August 11, 2015
Order Withdrawing UHY’s Objection to Receiver’s Notice of Determination on Claim No. 16

August 6, 2015
Receiver’s Fourteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

July 27, 2015
Order Granting Receiver’s Motion to Approve Settlement of Claims

July 24, 2015
Fifteenth Interim Status Report of Receiver

June 26, 2015
Memorandum of Law in Support of Receiver’s Motion to Approve Settlement of Claims

June 26, 2015
Receiver’s Motion to Approve Settlement of Claims

June 19, 2015
Receiver’s Response to Objection of Blink Marketing, LLC

June 19, 2015
Receiver’s Response to Objection of Blink Marketing, LLC (Exhibits A-G)

June 19, 2015
Receiver’s Response to Objection of Blink Marketing, LLC (Exhibits H-M)

June 19, 2015
Receiver’s Response to Objection of Blink Marketing, LLC (Exhibits O-S)

June 18, 2015
Order Denying as Moot Receiver’s Motion to Strike Reply of Hany Teylouni as an Unauthorized Filing

June 15, 2015
Order Approving Receiver’s Thirteenth Interim Status Report

June 15, 2015
Order Granting Receiver’s Thirteenth Interim Application for Fees and Expenses

June 15, 2015
Order Granting Receiver’s Twelfth Interim Application for Fees and Expenses

June 15, 2015
Reply of Gryphon Investments II, LLC in Support of Its Motion to Dismiss Counts III, VI, and VII of Gryphon Investments III, LLC’s Complaint

June 15, 2015
Reply of Cirqit.com, Inc. in Support of Its Motion to Dismiss Counts III, VI, and VII of Gryphon Investments III, LLC’s Complaint

June 11, 2015
Reply in Support of John S. Wehrle’s Motion to Dismiss Counts I, III, VI, and VII of Gryphon Investments III, LLC’s Complaint

May 25, 2015
Gryphon Investments III, LLC’s Memorandum of Law in Opposition to Gryphon Investments II, LLC’s Motion to Dismiss Counts III, VI, and VII of Gryphon Investments III, LLC’s Complaint

May 25, 2015
Gryphon Investments III, LLC’s Memorandum in Law in Opposition to Cirqit.com, Inc.’s Motion to Dismiss Counts III, VI, and VII of Gryphon Investments III, LLC’s Complaint

May 20, 2015
Objection of Blink Marketing Group, LLC to Receiver’s Notice of Determination

May 14, 2015
Gryphon Investments III, LLC’s Memorandum of Law in Opposition to John S. Wehrle’s Motion to Dismiss Counts I, III, VI, and VII and Motion to Strike Paragraph 35 of Gryphon Investments III, LLC’s Complaint

May 11, 2015
Receiver’s Thirteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

May 6, 2015
Fourteenth Interim Status Report of Receiver

May 4, 2015
Answer of Gryphon Investments II, LLC

May 4, 2015
Motion of Gryphon Investments II, LLC to Dismiss Counts III, VI and VII and Memorandum in Support Thereof

May 4, 2015
Answer of Cirqit.com, Inc.

May 4, 2015
Motion of Cirqit.com, Inc. to Dismiss Counts III, VI and VII and Memorandum in Support Thereof

April 28, 2015
John S. Wehrle’s Amended Answer and Affirmative Defenses to Gryphon Investments III, LLC’s Complaint

April 27, 2015
John S. Wehrle’s Answer and Affirmative Defenses to Gryphon Investments III, LLC’s Complaint

April 27, 2015
John S. Wehrle’s Motion to Dismiss Counts I, III, VI and VII and Motion to Strike Paragraph 35 of Plaintiff’s Complaint and Memorandum in Support Thereof

April 9, 2015
Supplemental Memorandum Regarding Objection of Hany Teylouni to Receiver’s Notice of Determination

March 19, 2015
Supplemental Memorandum Regarding and Request for Abeyance of Objection of Hany Teylouni to Receiver’s Notice of Determination

March 13, 2015
Gryphon Investments III, LLC Complaint against John S. Wehrle, Gryphon Investments II, LLC and Cirqit.com, Inc.

February 16, 2015
Receiver’s Twelfth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

February 4, 2015
Thirteenth Interim Status Report of Receiver

January 7, 2015
Order Approving Receiver’s Twelfth Interim Status Report

January 7, 2015
Order Granting Receiver’s Eleventh Interim Application for Fees and Expenses

January 7, 2015
Indictment, United States v. John Wehrle, 4:15-cr-00005-RLW-NAB.

December 4, 2014
Twelfth Interim Status Report of Receiver

December 4, 2014
Receiver’s Eleventh Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

September 25, 2014
Order Granting Receiver’s Tenth Interim Application for Fees and Expenses

September 25, 2014
Order Approving Receiver’s Eleventh Interim Status Report

September 23, 2014
Receiver’s Reply in Support of Motion to Strike Reply of Hany Teylouni and Receiver’s Opposition to Motion Nunc Pro Tunc of Hany Teylouni for Permission to File Reply in Support of Mr. Teylouni’s Objection to Receiver’s Notice of Determination

September 16, 2014
Motion Nunc Pro Tunc of Hany Teylouni for Permission to File Reply in Support of Mr. Teylouni’s Objection to Receiver’s Notice of Determination

September 9, 2014
Receiver’s Motion to Strike Reply of Hany Teylouni and Memorandum in Support Thereof

September 5, 2014
Reply in Support of Hany Teylouni’s Objection to Receiver’s Notice of Determination

September 2, 2014
Receiver’s Response to Objection of Hany Teylouni

September 2, 2014
Order Granting Receiver’s Ninth Interim Application for Fees and Expenses

July 31, 2014
Objection of Hany Teylouni to Receiver’s Notice of Determination

August 13, 2014
Receiver’s Tenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

August 12, 2014
Eleventh Interim Status Report of Receiver

June 4, 2014
Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Ninth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

May 22, 2014
Tenth Interim Status Report of Receiver

May 20, 2014
Receiver’s Ninth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

April 9, 2014
Memorandum and Order Granting Receiver’s Eighth Interim Application for Fees and Expenses

April 2, 2014
Memorandum and Order Granting Receiver’s Motion to Sell Preferred and Common Shares of Pollen, Inc. and Authorizing the Sale of the Stock

April 2, 2014
Receiver’s Notice of No Outstanding Objection and Request for Entry of Order on Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

March 14, 2014
Receiver’s Motion for Leave to File Exhibits D-1A through D-3F to the Receiver’s Eighth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals Under Seal

March 14, 2014
Receiver’s Eighth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

March 10, 2014
Ninth Interim Status Report of Receiver

February 26, 2014
Final Judgment as to Defendant Burton Douglas Morriss

February 24, 2014
Plaintiff’s Notice of Filing Consent of Defendant Burton Douglas Morriss to Final Judgment and Request for Entry of Judgment

February 24, 2014
Plaintiff’s Notice of Voluntary Dismissal of Claims for Disgorgement, Prejudgment Interest and Civil Penalties

February 14, 2014
Memorandum and Order Denying Motion of Mike McDaniel to Intervene

January 30, 2014
Receiver’s Request for Consideration of and Entry of Order on Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc..

December 30, 2013
Receiver’s Motion for Leave to File Sur-Reply to Reply Brief in Support of Mike McDaniel’s Motion for Intervention and Request for Information.

December 20, 2013
Reply Brief in Support of Mike McDaniel’s Motion to Intervene and Request for Information.

December 13, 2013
Order Approving Receiver’s Eighth Interim Status Report.

December 13, 2013
Order Granting Receiver’s Seventh Interim Application for Allowance and Payment of Fees and Expenses.

December 13, 2013
Receiver’s Opposition to Mike McDaniel’s Motion to Intervene and Request for Information Regarding Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

December 4, 2013
Motion of Mike McDaniel to Intervene for the Purpose of Obtaining Information as to the Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

December 4, 2013
Mike McDaniel Request for Information Regarding Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

November 27, 2013
Supplemental Memorandum Regarding Receiver’s Motion to Sell Preferred and Common Shares of Pollen, Inc. and Request for the Court to Hold Receiver’s Motion In Abeyance Pending a Further Filing by the Receiver.

November 14, 2013
Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc. and Memorandum in Support of Motion.

November 8, 2013
Receiver’s Seventh Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals.

October 31, 2013
Eighth Interim Status Report of Receiver.

Sept. 19, 2013
Judgment Against Morriss Holdings, LLC in the Amount of $7,022,217.88 plus Interest.

Sept. 19, 2013
Court’s Memorandum and Order Granting Motion for Default Judgment.

August 27, 2013
Memorandum and Order Granting Receiver’s Sixth Interim Application for Fees and Expenses.

August 26, 2013
Guilty Plea Agreement, United States v. Burton Douglas Morriss, 4:13-cr-341-RWS.

August 22, 2013
Order Amending Claims Bar Date Order and Extending Certain Claims Bar Date Deadlines.

August 14, 2013
Receiver’s Motion to Amend Claims Bar Date Order to Extend Certain Claims Procedures Deadlines and Otherwise Establish Specific Dates for the Remaining Claims Procedures Deadlines.

August 13, 2013
Judgment of Permanent Injunction and Other Relief as to Defendant Burton Douglas Morriss.

August 13, 2013
Plaintiff’s Notice of Filing Consent of Defendant Burton Douglas Morriss to Judgment of Permanent Injunction and Other Relief and Request for Entry of Judgment.

August 9, 2013
Motion for Default Judgment and Memorandum in Support of Motion.

August 8, 2013
Receiver’s Sixth Interim Application for the Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals.

July 15, 2013
Memorandum and Order Granting Receiver’s Fifth Interim Application for Fees and Expenses.

July 12, 2013
Seventh Interim Status Report of Receiver.

June 25, 2013
Order Granting Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition, LLC and Integrien Acquisition II, LLC.

June 25, 2013
Memorandum and Order on Objection of Ameet Patel to Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition, LLC and Integrien Acquisition II, LLC.

June 21, 2013
Sixth Status Report of Receiver

June 19, 2013
Receiver’s Fifth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals.

June 18, 2013
Fifth Status Report of the Receiver..

May 30, 2013
Memorandum and Order Granting Receiver’s Fourth Interim Application for Fees and Expenses.

May 3, 2013
Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition, LLC and Integrien Acquisition II, LLC.

April 22, 2013
Receiver’s Fourth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals.

March 4, 2013
Claims Information is now available.  To view important documents and submission of proof of claim forms select Claims Information.

Notices to Interested Parties

The Receiver continues in her efforts to provide notice to interested parties, as appropriate, including but not limited to: investors, creditors, banks and other financial institutions, investment concerns, management, employees and other service providers formerly engaged by the Receivership Entities.

Receivership Reports

The Receiver files periodic status reports with the Receivership Court. The status reports generally outline the Receiver’s investigative efforts, identify the assets that the Receiver has secured to date, and provide a summary of the Receiver’s activities with respect to the administration and management of the Receivership Entities.

Select Court Orders

Order Dkt. No. Date
Order Appointing Receiver 16 January 17, 2012
Asset Freeze Order and Other Emergency Relief 17 January 17, 2012
Order Amending Asset Freeze Order 30 January 19, 2012
Asset Freeze Order and Other Emergency Relief 59 January 27, 2012
Judgment of Permanent Injunction and Other Relief as to Defendants Acartha Group, LLC; MIC VII, LLC; Acartha Technology Partners, L.P.; and Gryphon Investments III, LLC
 101

 March 22, 2012

Order Denying Without Prejudice Receiver’s Motion for Order Directing Clerk’s Office to Post Summary Information About the Receivership and a Hyperlink to the Receivership Website on the District Court’s Website 102
 March 22, 2012
Order Granting Receiver’s Motion for Sale of Certain Personal Property 103 March 22, 2012
Order Granting Receiver’s Amended Motion for Order Directing the Clerk of the Court to Post Summary Information and a Hyperlink on the District Court’s Website 118 April 9, 2012
Order Granting Receiver’s Motion to Return Funds to Acartha Special Situations Funding, LLC 139 April 25, 2012
Memorandum and Order on Defendant Morriss’ Motion for Order Confirming that Federal Insurance Company May Advance Defense Costs on His Behalf 160 May 8, 2012
Order Denying Morriss Holdings, LLC’s Motion for New Trial or to Alter or Amend Judgment 177 June 13, 2012
Memorandum and Order Granting Receiver’s First Interim Application for Fees and Expenses 199 Sept. 20, 2012
Memorandum and Order Denying Defendants Morriss Holdings, LLC and Burton Douglas Morriss’s Motion to Dismiss 200 Sept. 21, 2012
Memorandum and Order Granting Receiver’s Second Interim Application for Fees and Expenses 213 Nov. 28, 2012
Memorandum and Order Granting Receiver’s Third Interim Application for Fees and Expenses 227 Feb 11, 2013
Order Denying Plaintiff’s Motion for Order to Show Cause, Compel Production and Motion for Sanctions 230 Feb 20, 2013
Order Granting Receiver’s Motion for Order Lifting Stay 231 Feb 28, 2013
Order on Motion to Establish Claims Bar Date, Approve Manner and Form of Notice of Claims Bar Date and Approve Process for Submitting Claims 234 March 4, 2013
Order Granting Receiver’s Motion for Order Approving and Confirming the Fourth Interim Status Report 236 April 16, 2013
Memorandum and Order Granting Receiver’s Fourth Interim Application for Fees and Expenses 254 May 30, 2013
Memorandum and Order on Objection of Ameet Patel to Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition, LLC and Integrien Acquisition II, LLC 261 June 25, 2013
Order Granting Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition, LLC and Integrien Acquisition II, LLC 262 June 25, 2013
Memorandum and Order Granting Receiver’s Fifth Interim Application for Fees and Expenses 268 July 15, 2013
Judgment of Permanent Injunction and Other Relief as to Defendant Burton Douglas Morriss 275 August 13, 2013
Order Amending Claims Bar Date Order and Extending Certain Claims Bar Date Deadlines 278 August 22, 2013
Memorandum and Order Granting Receiver’s Sixth Interim Application for Fees and Expenses 281 August 27, 2013
Order Granting Receiver’s Seventh Interim Application for Allowance and Payment of Fees and Expenses 303 December 13, 2013
Order Approving Receiver’s Eighth Interim Status Report 304 December 13, 2013
Memorandum and Order Denying Motion of Mike McDaniel to Intervene 311 February 14, 2014
Final Judgment as to Defendant Burton Douglas Morriss 314 February 26, 2014
Memorandum and Order Granting Receiver’s Motion to Sell Preferred and Common Shares of Pollen, Inc. and Authorizing the Sale of the Stock 321 April 2, 2014
Memorandum and Order Granting Receiver’s Eighth Interim Application for Fees and Expenses 323 April 9, 2014
Order Granting Receiver’s Ninth Interim Application for Fees and Expenses 343 September 2, 2014
Order Granting Receiver’s Tenth Interim Application for Fees and Expenses 353 September 25, 2014
Order Approving Receiver’s Eleventh Interim Status Report 354 September 25, 2014
Order Approving Receiver’s Twelfth Interim Status Report 366 January 7, 2015
Order Granting Receiver’s Eleventh Interim Application for Fees and Expenses 367 January 7, 2015
Order Granting Receiver’s Twelfth Interim Application for Fees and Expenses 393 June 15, 2015
Order Granting Receiver’s Thirteenth Interim Application for Fees and Expenses 394 June 15, 2015
Order Approving Receiver’s Thirteenth Interim Status Report 395 June 15, 2015
Order Denying as Moot Receiver’s Motion to Strike Reply of Hany Teylouni as an Unauthorized Filing 396 June 18, 2015
Order Granting Receiver’s Motion to Approve Settlement of Claims 403 July 27, 2015
Order Withdrawing UHY’s Objection to Receiver’s Notice of Determination on Claim No. 16 409 August 11, 2015
Order Granting Receiver’s Fourteenth Interim Application for Fees and Expenses 411 September 2, 2015
Order Approving Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC, and Evergrid/MIC VII, LLC 423 November 9, 2015
Order Granting Receiver’s Fifteenth Interim Application for Fees and Expenses 425 November 25, 2015
Order Granting Receiver’s First Application for Allowance and Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals 434 January 16, 2016
Order Approving Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC 435 January 22, 2016
Order Sustaining Objection of Blink Marketing Group, LLC 455 April 14, 2016
Order Granting Receiver’s Sixteenth Interim Application for Fees and Expenses457May 5, 2016
Order Granting Receiver’s Seventeenth Interim Status Report458May 5, 2016
Order Granting Receiver’s Eighteenth Interim Status Report470June 9, 2016
Order Granting Receiver’s Seventeenth Interim Application for Fees and Expenses471June 9, 2016
Order Approving Amendment to Settlement Agreement Between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC488August 31, 2016

Select Motions and Pleadings Filed with the Court

As necessary, the Receiver files motions and other pleadings with the Receivership Court to, among other things, request authorization for certain actions, apprise the Receivership Court of occurrences in the administration and operation of the Receivership and express the Receiver’s position on matters at issue in the SEC Litigation.

Other parties, including but not limited to the Securities & Exchange Commission and the named defendants in the SEC Litigation, also file motions and pleadings with the Receivership Court. As the Receiver deems appropriate, she will post copies of motions and pleadings filed by parties other than the Receiver. To access all publicly available pleadings filed in the SEC Litigation, please visit www.pacer.gov and register for a PACER account.

Pleading

Dkt. No.

Date

Complaint for Injunctive and Other Relief

1

January 17, 2012

Request for Order Directing Clerk’s Office to Post on District Court’s Website: (I) Summary Information about Receivership and (II) Hyperlink to Receivership’s External Website

67

February 8, 2012

Defendant Morriss’s Motion for Entry of An Order Confirming that Insureds are Entitled to Advancement of Defense Expenses Under Insurance Policy Notwithstanding Asset Freeze Order

72, 73

February 16, 2012

Receiver’s Motion for Sale of Certain Personal Property

76, 77

February 22, 2012

Receiver’s Memorandum in Opposition to Defendant Morriss’s Motion for Confirmation that Defendant Morriss is Entitled to Advancement of Defense Expenses Under Insurance Policy Notwithstanding Order Appointing Receiver or Asset Freeze Order

81

February 27, 2012

Relief Defendant Morriss Holding, LLC’s Motion to Dismiss or in the Alternative Motion for More Definite Statement

83, 84

February 28, 2012

Defendant Morriss’s Motion to Dismiss, or in Alternative, for a More Definite Statement

86, 87

February 28, 2012

Plaintiff’s Response in Opposition to Defendant Morriss’s Motion for Confirmation that He is Entitled to Advancement of Defense Expenses Under Insurance Policy Notwithstanding Order Appointing Receiver or Asset Freeze

91

March 2, 2012

Receiver’s Notice of Filing of Consent of Defendants Acartha Group, LLC; MIC VII, LLC; Acartha Technology Partners, LP; and Gryphon Investments III, LLC

94

March 6, 2012

Plaintiff’s Notice of Filing Consent of Defendants Acartha Group, LLC; MIC VII, LLC; Acartha Technology Partners, LP; and Gryphon Investments III, LLC to Judgment of Permanent Injunction and Other Relief and Request for Entry of Judgment

95

March 6, 2012

Defendant Morriss’s Reply Memorandum in Further Support of Defendant’s Motion for Entry of An Order Confirming that Insureds are Entitled to Advancement of Defense Expenses Under Insurance Policy Notwithstanding Asset Freeze Order

96

March 8, 2012

Defendant Morriss’s Reply Memorandum in Further Support of Defendant’s Motion for Entry of An Order Confirming that Insureds are Entitled to Advancement of Defense Expenses Under Insurance Policy Notwithstanding Asset Freeze Order

97

March 12, 2012

Receiver’s Notice of No Objection and Request for Immediate Entry of an Order Approving Receiver’s Sale of Certain Personal Property

100

March 12, 2012

Plaintiff’s Response and Memorandum of Law in Opposition to Defendant Morriss and Relief Defendant Morriss Holdings’ Motions to Dismiss the Complaint or, in the Alternative, Motions for a More Definite Statement

104

March 26, 2012

Amended Joint Scheduling Plan 

107

March 28, 2012

Receiver’s Amended Request for Order Directing Clerk’s Office to Post on District Court’s Website: (I) Summary Information about Receivership and (II) Hyperlink to Receivership’s External Website

109

March 30, 2012

Defendant Morriss Holdings’ Reply to Response to Motion to Dismiss or, in the Alternative, for a More Definite Statement 

110

April 2, 2012

Supplement to Receiver’s Memorandum in Opposition to Defendant Morriss’s Motion for Confirmation that Defendant Morriss is Entitled to Advancement of Defense Expenses Under Insurance Policy Notwithstanding Order Appointing Receiver or Asset Freeze Order

113

April 5, 2012

Defendant Morriss’s Memorandum of Law in Reply to Response to Motion to Dismiss or, in the Alternative, for a More Definite Statement 

115

April 5, 2012

Plaintiff’s Motion for Order to Show Cause Why Relief Defendant Should Not Be Held in Contempt for Failing to Provide Sworn Accounting

119

April 10, 2012

Receiver’s Motion for Return of Funds to Investors in Acartha Special Situations Funding, LLC 

120, 121

April 10, 2012

Defendant Morriss’s Reply to Receiver’s Supplemental Memorandum in Opposition to Motion Regarding Advancement of Defense Expenses Under Insurance Policy

126

April 16, 2012

Plaintiff’s Motion to Compel Production of Documents from Defendant Burton Douglas Morriss

128

April 18, 2012

Motion to Withdraw filed by the Ashcroft Law Firm, LLC d/b/a Ashcroft Hanaway, LLC

130

April 19, 2012

Morriss Holdings, LLC’s Motion for a New Trial or to Alter, or Amend Judgment, and Memorandum of Law in Support

133

April 19, 2012

Receiver’s Response to Relief Defendant Morriss Holdings’ Corrected Motion for a New Trial or to Alter or Amend Judgment and Memorandum of Law in Support

140

April 26, 2012

Morriss Holdings LLC’s Memorandum in Opposition to Plaintiff’s Motion for Order to Show Cause Why Relief Defendant Should Not Be Held in Contempt for Failing to Provide Sworn Accounting

145

April 27, 2012

Plaintiff’s Motion to Compel Production of Documents from Relief Defendant Morriss Holdings, LLC

147

April 30, 2012

Morriss Holding, LLC’s Reply to Plaintiff’s Response to Morriss Holdings’ Motion for a New Trial or to Alter or Amend Judgment

150

May 2, 2012

Plaintiff’s Reply to Morriss Holdings, LLC’s Memorandum in Opposition to Plaintiff’s Motion for Order to Show Cause Why Relief Defendant Should Not Be Held in Contempt for Failing to Provide a Sworn Accounting

151

May 3, 2012

Morriss Holdings, LLC’s Response to Plaintiff’s Motion to Compel Production of Documents

162

May 8, 2012

Plaintiff’s Reply to Morriss Holdings, LLC’s Response to Plaintiff’s Motion to Compel Production of Documents

163

May 11, 2012

Defendant Morriss’ Response to Motion to Compel Production of Documents

168

May 21, 2012

Defendant Morriss Holdings, LLC’s Response to Motion to Compel Production of Documents

172

May 25, 2012

Receiver’s Notice of No Objection and Request for Entry of Order on Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses

173

May 25, 2012

Plaintiff’s Reply to Defendant Morriss’ Response to Motion to Compel Production of Documents

175

May 31, 2012

Plaintiff’s Reply to Defendant Morriss Holdings, LLC’s Response to Motion to Compel Production of Documents

176

June 1, 2012

Supplemental to Defendant Burton Douglas Morriss’ Response to Plaintiff’s Motion to Compel Production of Documents

182

July 17, 2012

Second Supplemental Response of Relief Defendant, Morriss Holdings, LLC, to Plaintiff’s Motion to Compel Production of Documents

185

July 18, 2012

Plaintiff’s Reply to Defendant Burton Douglas Morriss’ and Relief Defendant Morriss Holdings, LLCS’ Supplemental Responses to Plaintiff’s Motion to Compel Production of Documents (D.E. 182 & 185)

187

July 24, 2012

Defendant Burton Douglas Morriss’ Answer to Plaintiff’s Complaint

206

October 5, 2012

Motion to Establish Claims Bar Date, Approve Manner and Form of Notice of Claims Bar Date and Approve Process for Submitting Claims, with Supporting Memorandum and Exhibits

214, 215

December 3, 2012

Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Motion to Establish Claims Bar Date, Approve Manner and Form of Notice of Claims Bar Date and Approve Process for Submitting Claims

218

December 17, 2012

Joint Motion for Order Lifting Stay to Permit Prosecution of Complaint from Interpleader of Insurance Policy Proceeds Against Receiver

229

February 14, 2013

Memorandum in Response to Court’s Order Dated February 12, 2013 (DKT. No. 228) Regarding The Receiver’s Motion to Establish Claims Bar Date, Approve Manner and Form of Notice of Claims Bar Date and Approve Process for Submitting Claims

233

March 1, 2013

Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition, LLC and Integrien Acquisition II, LLC

241, 242

May 3, 2013

Objection of Ameet Patel to Receiver’s Motion for Authorization to Distribute Funds Held by Integrien Acquisition , LLC and Integrien Acquisition II, LLC

246, 247

May 16, 2013

Reply in Support of Receiver’s Motion for Authorization to Distribute Funds Held By Integrien Acquisition, LLC and Integrien Acquisition II, LLC and Request for Correction to Denomination of Managing Member of Integrien Acquisition II, LLC in Receiver’s Motion

252

May 28, 2013

Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Fourth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

253

May 28, 2013

Plaintiff’s Notice of Filing Consent of Defendant Burton Douglas Morriss to Judgment of Permanent Injunction and Other Relief and Request for Entry of Judgment

274

August 13, 2013

Receiver’s Motion to Amend Claims Bar Date Order to Extend Certain Claims Procedures Deadlines and Otherwise Establish Specific Dates for the Remaining Claims Procedures Deadlines

276

August 14, 2013

Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc. and Memorandum in Support of Motion

293, 294

November 14, 2013

Supplemental Memorandum Regarding Receiver’s Motion to Sell Preferred and Common Shares of Pollen, Inc. and Request for the Court to Hold Receiver’s Motion In Abeyance Pending a Further Filing by the Receiver

299

November 27, 2013

Motion of Mike McDaniel to Intervene for the Purpose of Obtaining Information as to the Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

300

December 4, 2013

Mike McDaniel Request for Information Regarding Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

301

December 4, 2013

Receiver’s Opposition to Mike McDaniel’s Motion to Intervene and Request for Information Regarding Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

302

December 13, 2013

Reply Brief in Support of Mike McDaniel’s Motion to Intervene and Request for Information

305

December 20, 2013

Receiver’s Motion for Leave to File Sur-Reply to Reply Brief in Support of Mike McDaniel’s Motion for Intervention and Request for Information

306

December 30, 2013

Receiver’s Request for Consideration of and Entry of Order on Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

309

January 30, 2014

Plaintiff’s Notice of Filing Consent of Defendant Burton Douglas Morriss to Final Judgment and Request for Entry of Judgment

312

February 24, 2014

Plaintiff’s Notice of Voluntary Dismissal of Claims for Disgorgement, Prejudgment Interest and Civil Penalties

313

February 24, 2014

Receiver’s Motion for Leave to File Exhibits D-1A through D-3F to the Receiver’s Eighth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals Under Seal

316

March 14, 2014

Receiver’s Notice of No Outstanding Objection and Request for Entry of Order on Receiver’s Motion for Sale of Preferred and Common Shares of Pollen, Inc.

320

April 2, 2014

Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Ninth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

329

June 4, 2014

Objection of Hany Teylouni to Receiver’s Notice of Determination

337

July 31, 2014

Receiver’s Response to Objection of Hany Teylouni

344

September 2, 2014

Reply in Support of Hany Teylouni’s Objection to Receiver’s Notice of Determination

347

September 5, 2014

Receiver’s Motion to Strike Reply of Hany Teylouni and Memorandum in Support Thereof

348

September 9, 2014

Motion Nunc Pro Tunc of Hany Teylouni for Permission to File Reply in Support of Mr. Teylouni’s Objection to Receiver’s Notice of Determination

350

September 16, 2014

Receiver’s Reply in Support of Motion to Strike Reply of Hany Teylouni and Receiver’s Opposition to Motion Nunc Pro Tunc of Hany Teylouni for Permission to File Reply in Support of Mr. Teylouni’s Objection to Receiver’s Notice of Determination

351

September 23, 2014

Supplemental Memorandum Regarding and Request for Abeyance of Objection of Hany Teylouni to Receiver’s Notice of Determination

378

March 19, 2015

Supplemental Memorandum Regarding Objection of Hany Teylouni to Receiver’s Notice of Determination

381

April 9, 2015

Objection of Blink Marketing Group, LLC to Receiver’s Notice of Determination

390

May 20, 2015

Receiver’s Response to Objection of Blink Marketing, LLC

397

June 19, 2015

Receiver’s Response to Objection of Blink Marketing, LLC (Exhibits A-G)

397

June 19, 2015

Receiver’s Response to Objection of Blink Marketing, LLC (Exhibits H-M)

397

June 19, 2015

Receiver’s Response to Objection of Blink Marketing, LLC (Exhibits O-S)

397

June 19, 2015

Receiver’s Motion to Approve Settlement of Claims

398

June 26, 2015

Memorandum of Law in Support of Receiver’s Motion to Approve Settlement of Claims

399

June 26, 2015

Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC and Evergrid/MIC VII, LLC

413

October 14, 2015

Memorandum of Law in Support of Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC and Evergrid/MIC VII, LLC

414

October 14, 2015

Notice of No Outstanding Objection and Request for Entry of Order on Receiver’s Motion for Authorization to Distribute Funds Held by Evergrid Acquisition, LLC, Librato Acquisition II, LLC, and Evergrid/MIC VII, LLC

421

November 6, 2015

Receiver’s First Application for Allowance and Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals

426

December 22, 2015

Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

428

January 7, 2016

Memorandum of Law in Support of Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

429

January 7, 2016

Motion for Leave to File Exhibit C to the Receiver’s Memorandum of Law in Support of Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

430

January 7, 2016

Receiver’s Notice of No Objection and Request for Entry of an Order on Receiver’s Motion for Approval of Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

433

January 20, 2016

Receiver’s Second Supplemental Memorandum Regarding Objection of Hany Teylouni to Receiver’s Notice of Determination

450

February 22, 2016

Declaration of Hany Teylouni in Further Support of Claim No. 20

452

February 23, 2016

Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC

462

May 17, 2016

Memorandum of Law in Support of Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC

463

May 17, 2016

Motion for Leave to File Exhibit C to the Receiver’s Memorandum of Law in Support of Receiver’s Motion for Approval of Sale of Interests in Clearbrook Global Advisors LLC under Seal

464

May 17, 2016

Receiver’s Motion for Approval of Amendment to Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

478

August 8, 2016

Memorandum of Law in Support of Receiver’s Motion for Approval of Amendment to Settlement Agreement between Gryphon Investments III, LLC and John S. Wehrle, Gryphon Investments II, LLC, and Cirqit.com, LLC

479

August 8, 2016

Declaration of Hany Teylouni in Further Support of Claim No. 20

486August 8, 2016

Memorandum of Law in Support of Receiver’s Motion for Authorization to Satisfy Obligations of Clearbrook Acquisition, LLC

492

August 29, 2016

Receiver’s Motion for Authorization to Satisfy Obligations of Clearbrook Acquisition, LLC

491

September 1, 2016

Burton Douglas Morriss Chapter 7 Bankruptcy

On January 9, 2012, Burton Douglas Morriss filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code, in the United States Bankruptcy Court for the Eastern District of Missouri, Case No. 12-40164.  Prior to the Receiver’s appointment on January 17, 2012, Burton Douglas Morriss served as the chief executive officer and chairman of Acartha Group, LLC’s board of directors, the managing member of MIC VII.  Mr. Morriss also served as a manager of Gryphon Investments III, LLC, the general partner of Acartha Technology Partners, L.P., and as the chairman and controlling member of Morriss Holdings, LLC and a member of its board of directors. Mr. Morriss is a named defendant in the SEC Litigation, but the Receiver was not appointed as a receiver for Mr. Morriss.

On February 13, 2012, United States Bankruptcy Judge Kathy A. Surratt-States converted Mr. Morriss’ bankruptcy case to one pending under Chapter 7 of the Bankruptcy Code.  Also on February 13, 2012, Charles W. Riske was appointed as Chapter 7 trustee for Mr. Morriss’s bankruptcy estate.

On March 28, 2012, the Chapter 7 trustee held the Section 341 first meeting of creditors in Mr. Morriss’s bankruptcy case. Also on March 28, 2012, the Receiver conducted a Rule 2004 examination of Mr. Morriss. Both the first meeting of creditors and Rule 2004 examination were held at the offices of Thompson Coburn LLP, One US Bank Plaza, 35th Floor, Saint Louis, Missouri, 63101. The continued first meeting of creditors is set for July 17, 2012 at 10:00 a.m. C.S.T. at the U.S. Trustee’s Meeting Room, Suite 6.365A, United States Bankruptcy Court for the Eastern District of Missouri, Thomas F. Eagleton U.S. Courthouse, 111 South Tenth Street, St. Louis, Missouri 63102.

The current deadline to file a complaint to determine the dischargeability of Mr. Morriss’s debts or oppose Mr. Morriss’s discharge is February 8, 2013. See Dkt. No. 102.

As the Receiver deems appropriate and relevant to her management of the Receivership Entities, the Receiver will post select motions, pleadings and orders entered in Mr. Morriss’s bankruptcy case.  To access all publicly available pleadings filed in Mr. Morriss’s bankruptcy case, please visit www.pacer.gov and register for a PACER account.

Pleading

Dkt. No.

Date

Voluntary Petition

1

January 9, 2012

U.S. Trustee’s Motion to Dismiss Case or in the Alternative, Motion to Convert Case from Chapter 11 to 7

22

January 31, 2012

Receiver’s Motion to Appoint Trustee or Alternatively, for Conversion of Case

30

February 6, 2012

Receiver’s Emergency Motion for 2004 Examination of Debtor Burton Douglas Morriss and Production of Certain Documents in Connection Therewith

34

February 6, 2012

SEC’s Joinder to, and Statement in Support of, Receiver’s Motion for Appointment of Trustee, or Alternatively, for Conversion of Case

43

February 9, 2012

Summary of Schedules with Attached Statement Concerning Debtor’s Schedules and Statements

44

February 9, 2012

Order Denying as Moot Motion to Appoint Trustee and Granting Motion to Convert Case from Chapter 11 to 7

50

February 13, 2012

Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate (without exhibits)*

57, 58

February 21, 2012

Order Granting Motion for 2004 Examinationn

69

March 6, 2012

Order Granting Motion for 2004 Examination 69 March 6, 2012 Notice of Examination Pursuant to Federal Rule of Bankruptcy Procedure 2004 and Notice of Subpoena

70

March 7, 2012

Interested Party Eric Sarasin’s Motion to Extend Deadline to Object to Debtor’s Discharge or Challenge Dischargeability of Certain Debts

78

March 12, 2012

Receiver’s Objection to Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate

79

March 12, 2012

Trustee’s Objection to Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate

80

March 12, 2012

JPMorgan Chase Bank, N.A.’s Motion to Lift Stay With Respect to 2007 Bentley Arnage

86

 March 22, 2012

Trustee’s Motion to Extend Time to Object to Discharge/Dischargeability

88

 March 26, 2012

Motion of Receivership Entities for Order Extending the Deadline for Objecting to Discharge and Dischargeability

95, 96

 March 29, 2012

Order Granting Motion of JPMorgan Chase Bank, N.A. for Relief from Stay

100

 April 18, 2012

Order Granting Motion to Extend Time to Object to Discharge, Dischargeability

102

 April 26, 2012

Notice that Creditors who wish to share in any distribution of funds must file proof of claim with the Clerk of the U.S. Bankruptcy Court by October 17, 2012

 July 9, 2012

Affidavit of Leslie L. Lane In Support of First Amended Application for Order Pursuant to 11 U.S.C. Section 327 of the Bankruptcy Code Authorizing the Employment and Retention of Lane Law Firm as Counsel for the Debtor Nunc Pro Tunc to January 9, 2012

128

 July 17, 2012

Reply to Response of the United States Trustee to the First Amended Application for Order Pursuant to 11 U.S.C. Section 327 of the Bankruptcy Code Authorizing the Employment and Retention of Lane Law Firm as Counsel for the Debtor Nunc Pro Tunc to January 9, 2012

132

 July 30, 2012

Order Denying Application Authorizing the Employment and Retention of Lane Law Firm As Counsel for the Debtor Nunc Pro Tunc

133

 August 2, 2012

Motion to Sell Personal Property

146

 November 13, 2012

Notice of Hearing and Motion for Relief from Automatic Stay by Pulaski Bank

154

 November 19, 2012

Order Granting Pulaski Bank’s Motion for Relief from The Automatic Stay

158

 December 7, 2012

Order Granting Motion to Sell Personal Property

161

 December 7, 2012

Second Joint Motion of Receivership Entities for Order Extending the Deadline for Objecting to Discharge and Dischargeability

176

 January 4, 2013

Second Motion to Extend Deadline to Object to Debtor’s Discharge or Challenge Dischargeability of Certain Debts

182

 January 15, 2013

Order Granting Motions to Extend Time to Object to Debtor’s Discharge and Dischargeability of Debts

187

 January 28, 2013

Notice of Trustee’s Final Report and Applications for Compensation and Deadline to Object (NFR)

311

August 11, 2015

*Note that Mr. Morriss withdrew the Application for Order Pursuant to 11 U.S.C. § 327 of the Bankruptcy Code Authorizing Employment and Retention of the Ashcroft Law Firm, LLC as Counsel for Debtor Nunc Pro Tunc to January 20, 2012 or Alternatively, a Ruling that Retention of the Ashcroft Law Firm, LLC is Beyond the Scope of the Debtor’s Estate on March 16, 2012.

Receiver’s Fee Applications

Pleading

Dkt. No.

Date

Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

155

May 4, 2012

Redacted Copy of Exhibit C-1A to Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

165

May 14, 2012

Redacted Copy of Exhibit C-1B to Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

165

May 14, 2012

Redacted Copy of Exhibit C-1C to Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

165

May 14, 2012

Redacted Copy of Exhibit C-2 to Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

165

May 14, 2012

Redacted Copy of Exhibit C-3 to Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

165

May 14, 2012

Redacted Copy of Exhibit C-4 to Receiver’s First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

165

May 14, 2012

Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1A to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1B to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1C to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1D to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1E to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1F to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Retained Counsel and Other Professionals 190 September 14, 2012 Redacted Copy of Exhibit D-1G to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-1H to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-2A to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-2B to Receiver’s Second Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Redacted Copy of Exhibit D-3A to Receiver’s Second Interim Application for Allowance for Payment of Fees and Expenses Incurred by the Receiver Retained Counsel and Other Professionals

190

September 14, 2012

Receiver's Third Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

221

December 21, 2012

Receiver's Third Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

221: Attachments
1-10

December 21, 2012

Receiver's Third Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

221: Attachments
11-20

December 21, 2012

Receiver’s Fourth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

239

April 22, 2013

Receiver’s Fifth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

258

June 19, 2013

Receiver’s Sixth Interim Application for the Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

272

August 8, 2013

Receiver’s Seventh Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

289

November 8, 2013

Receiver’s Eighth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

318

March 14, 2014

Receiver’s Ninth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

326

May 20, 2014

Receiver’s Tenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

341

August 13, 2014

Receiver’s Eleventh Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

361

December 4, 2014

Receiver’s Twelfth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

371

February 16, 2015

Receiver’s Thirteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

386

May 11, 2015

Receiver’s Fourteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

406

August 6, 2015

Receiver’s Fifteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

419

November 4, 2015

Receiver’s First Application for Allowance and Partial Payment of Holdback Amount Pertaining to Legal and Professional Services Rendered by the Receiver, Retained Counsel, and Other Professionals

428

January 7, 2016

Receiver’s Sixteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals

445

February 9, 2016

Receiver’s Seventeenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

Receiver’s Eighteenth Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

461

476

May 16, 2016

August 5, 2016

Claims Information

On March 4, 2013, the Court issued an order granting the Receiver’s Motion to Establish Claims Bar Date, Approve Manner and Form of Notice of Claims Bar Date and Approve Process for Submitting Claims (the “Claims Bar Date Order”). To view a copy of the Court’s order, click here. The Court’s order establishes

MONDAY, MAY 6, 2013, at 11:59 p.m. (prevailing Central Time)

(the “Claims Bar Date”), as the deadline for certain claimants to submit a completed and signed Proof of Claim Form under penalty of perjury, together with supporting documentation (a “Proof of Claim Form”), against the Receivership Entities.

The Claims Bar Date and claims filing procedures apply to all claims against the Receivership Entities that arose prior to January 17, 2012, the date the Receiver was appointed. If you believe any of the Receivership Entities may owe you money or a distribution interest, including a debt, equity or hybrid type interest, you should consider filing a claim before the Claims Bar Date. Holders of claims that arose after January 17, 2012, including Administrative Claimants, are not required to submit a Proof of Claim Form at this time.

On August 22, 2013, the Court issued an order amending the Claims Bar Date Order and extending certain deadlines, including the deadline by which the Receiver must issue Notices of Determination, the last date by which Claimants may object to Notices of Determination, and the time period for filing objections with the Court. To view a copy of the Court’s order, click here.

Please review the Court’s orders and the Claims Bar Date notices for more detailed information.

Important Documents

To view a copy of the Receiver’s Notice of Claims Bar Date, click here.

To view a copy of the notices published in the St. Louis Post-Dispatch and the Star-Ledger (Newark) regarding the Claims Bar Date, click here.

To access a fillable version of the Proof of Claim Form, click here.

Submission of Proof of Claim Forms

Proof of Claim Forms may be submitted to the Receiver in the following manner:

  1. by mail to Acartha Group Receivership, 505 North 7th Street, Saint Louis, Missouri 63101;
  2. by courier service, overnight service or hand delivery addressed to Acartha Group Receivership, 505 North 7th Street, Saint Louis, Missouri 63101; or
  3. by electronic mail, as an attachment in portable document format (.pdf), to acartha.receivership@thompsoncoburn.com.

Claimants who submit Proof of Claim Forms by courier service, overnight service, hand delivery or electronic mail should retain a copy of their bill of lading or other proof of delivery of their Proof of Claim Form.

To be considered timely, Proof of Claim Forms must be:

  1. officially postmarked on or before the Claims Bar Date, if sent by mail;
  2. actually received by the Receiver on or before the Claims Bar Date, if hand-delivered or sent by courier;
  3. transmitted on or before the Claims Bar Date, if sent by electronic mail.

Persons and entities should file Proof of Claim Forms only for claims against one or more of the Receivership Entities. Persons and entities should not file Proof of Claim Forms for claims against any other entities, including but not limited to Morris Administration d/b/a Acartha Group Funding, Acartha Merchant Partners, Acartha Special Situations Funding, Acartha Specialty Finance Investment, Clearbrook Acquisition, Evergrid Acquisition, Evergrid MIC VII, Integrien Acquisition Capital II, LLC, Integrien Acquisition II, LLC, Integrien Acquisitions, LLC, Librato Acquisition II, LLC, Tervela Acquisition II, LLC, Tervela Acquisition III, LLC, Tervela Acquisition, LLC, or other special purpose vehicle entities established by the Receivership Entities.