IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL NO. 3:16-cv-00285

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL NO. 3:16-cv SECURITIES AND EXCHANGE COMMISSION Plaintiff, v. RICHARD W. DAVIS, JR., Defendant, and DCG REAL ASSETS, LLC, et al., Relief Defendants. PLAINTIFF S MOTION FOR ENTRY OF CLERK S DEFAULT AS TO CERTAIN RELIEF DEFENDANTS Plaintiff Securities and Exchange Commission, pursuant to Fed. R. Civ. P. 55(a, moves the Clerk of the Court to enter a default against Relief Defendants H20, LLC ( H20 ; DCG PMG, LLC ( PMG ; Finely Limited, LLC ( Finely ; DCG Real Assets, LLC ( Real Assets ; DCG Commercial Fund I, LLC ( Commercial Fund ; DCG PMF, LLC ( PMF ; DCG Funds Underwriting, LLC ( Underwriting ; DCG ABF Management, LLC ( ABF ; DCG Funds Management, LLC ( Management ; Davis Financial, Inc. ( Davis Financial ; DCG Partners, LLC ( Partners ; DCG Real Estate Development, LLC ( Real Estate ; Huntersville Plaza Phase One, LLC ( Huntersville One ; and Huntersville Plaza Phase Two, LLC ( Huntersville Two (collectively, Relief Defendants for failure to plead or otherwise defend, and states: 1. On June 2, 2016, the Commission filed its Complaint in this matter (Dkt. No The Commission served H20, PMG and Finely with process on June 6, 2016 (Dkt. Nos Real Assets was served on June 7, 2016 (Dkt. No. 19, and each of the remaining Relief Defendants identified above was served on June 9, 2016 (Dkt. Nos , 18, 20-22, Case 3:16-cv GCM-DCK Document 36 Filed 07/01/16 Page 1 of 5

2 3. Pursuant to Fed. R. Civ. P. 12, H20, PMG and Finely were required to answer or otherwise respond to the Complaint on or before June 27, Real Assets was required to answer or otherwise respond on or before June 28, 2016, and each of the remaining Relief Defendants identified above was required to answer or otherwise respond on or before June 30, As of the date of this Motion, none of the Relief Defendants identified above has answered the Complaint or submitted any other responsive filing. WHEREFORE, the Commission moves for entry of a Clerk s Default against Relief Defendants H20, LLC; DCG PMG, LLC; Finely Limited, LLC; DCG Real Assets, LLC; DCG Commercial Fund I, LLC; DCG PMF, LLC; DCG Funds Underwriting, LLC; DCG ABF Management, LLC; DCG Funds Management, LLC; Davis Financial, Inc.; DCG Partners, LLC; DCG Real Estate Development, LLC; Huntersville Plaza Phase One, LLC; and Huntersville Plaza Phase Two, LLC. DATED: July 1, 2016 Respectfully submitted, SECURITIES AND EXCHANGE COMMISSION By: /s/ Patrick R. Costello Patrick R. Costello (Florida Bar No Attorney for Plaintiff Securities and Exchange Commission 100 F Street N.E. Washington, DC Telephone: ( Fax: ( costellop@sec.gov Case 3:16-cv GCM-DCK Document 36 Filed 07/01/16 Page 2 of 5

3 OF COUNSEL: Christopher R. Mathews (District of Columbia Bar No Division of Enforcement Securities and Exchange Commission 100 F Street N.E. Washington, DC Telephone: ( Facsimile: ( Case 3:16-cv GCM-DCK Document 36 Filed 07/01/16 Page 3 of 5

4 CERTIFICATE OF SERVICE I certify that on July 1, 2016, I caused to be served the foregoing PLAINTIFF S MOTION FOR ENTRY OF CLERK S DEFAULT AS TO CERTAIN RELIEF DEFENDANTS by sending a copy in the manner specified on the attached service list. /s/ Patrick R. Costello Patrick R. Costello Case 3:16-cv GCM-DCK Document 36 Filed 07/01/16 Page 4 of 5

5 Service List Richard W. Davis, Jr B Perimeter Woods Dr. Charlotte, NC Pro Se Defendant and Registered Agent for Relief Defendants Davis Capital Group, Inc.; North Lake Business Park, LLC; and Richard Davis Enterprises, LLC C. Melissa Owen Tin Fulton Walker & Owen LLP 301 East Park Avenue Charlotte, NC cmowen@tinfulton.com Counsel for Laurie Ephland as Registered Agent for Relief Defendants DCG Commercial Fund I, LLC; DCG PMF, LLC; DCG Funds Underwriting, LLC; DCG ABF Management, LLC; DCG Funds Management, LLC; Davis Financial, Inc.; DCG Partners, LLC; DCG Real Estate Development, LLC; Huntersville Plaza Phase One, LLC; and Huntersville Plaza Phase Two, LLC By and Overnight Mail Brian S. Cromwell Sarah F. Hutchins Parker Poe Adams & Bernstein LLP Three Wells Fargo Center 401 South Tryon Street, Suite 3000 Charlotte, NC briancromwell@parkerpoe.com Counsel for Relief Defendants DCG Commercial Holdings, LLC and DCG Commercial, LLC Incorp Services, Inc. 176 Mine Lake Court, Suite 100 Raleigh, NC Registered Agent for Relief Defendant DCG Real Assets, LLC By CM-ECF Wyomingregisteredagent.com, Inc Central Avenue Cheyenne, WY Registered Agent for H20, LLC; DCG PMG, LLC; and Finely Limited, LLC A. Cotten Wright Grier Furr & Crisp LLP 101 North Tryon Street, Suite 1240 Charlotte, NC Court-appointed temporary receiver By CM-ECF Case 3:16-cv GCM-DCK Document 36 Filed 07/01/16 Page 5 of 5