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Orso v. Disner

United States District Court, W.D. North Carolina, Charlotte Division

December 3, 2019

MATTHEW E. ORSO, in his capacity as court-appointed Receiver for Rex Venture Group, LLC d/b/a ZeekRewards.com, Plaintiff,
v.
TODD DISNER, in his individual capacity and in his capacity as trustee for Kestrel Spendthrift Trust; TRUDY GILMOND; TRUDY GILMOND, LLC; JERRY NAPIER; DARREN MILLER; RHONDA GATES; DAVID SORRELLS; INNOVATION MARKETING, LLC; AARON ANDREWS; SHARA ANDREWS; GLOBAL INTERNET FORMULA, INC.; T. LEMONT SILVER; KAREN SILVER; MICHAEL VAN LEEUWEN; DURANT BROCKETT; DAVID KETTNER; MARY KETTNER, P.A.W.S. CAPITAL MANAGEMENT LLC, LORI JEAN WEBER; and a Defendant Class of Net Winners in ZEEKREWARDS.COM; Defendants.

          ORDER GRANTING RECEIVER'S MOTION FOR SUMMARY JUDGMENT AGAINST DISPUTING NET WINNERS WHO HAVE NOT RESPONDED TO RECEIVER'S MOTION FOR SUMMARY JUDGMENT

          Graham C. Mullen United States District Judge

         This matter is before the Court on the Motion of Matthew E. Orso, the Court-appointed Receiver of Rex Venture Group, LLC, for Summary Judgment Against Remaining Defendants Disputing Receiver's Net Winnings Calculations, Dkt. No. 258 (the “Motion”). The background of this matter has been set forth extensively in this Court's prior orders, including the Order Granting Receiver's Motion for Class Certification (Dkt. No. 101); Order Granting Motion for Summary Judgment Against Remaining Named Defendants and Partial Summary Judgment Against the Net Winner Class (Dkt. No. 142); and Order on Process for Determining the Amount of Final Judgments Against Net Winner Class Members (Dkt. No. 153); see also Bell v. Brockett, 922 F.3d 502 (4th Cir. 2019) (affirming the previous three orders).

         In the pending Motion, the Receiver seeks entry of summary judgment against one hundred nineteen Net Winners. A Roseboro notice was sent to all Net Winners on October 22, 2019, directing them to respond to the Receiver's motion by November 5 or request an extension of time. Ninety-seven of the Net Winners, identified in Exhibit A hereto, have not responded to the Receiver's Motion. As to these ninety-seven winners, the Court concludes that, for the reasons set forth in the Receiver's Motion and supporting memorandum, there is no genuine dispute as to any material fact and that the Receiver is entitled to judgment as a matter of law.

         IT IS THEREFORE ORDERED that the Receiver's Motion for Summary Judgment Against Remaining Defendants Disputing Receiver's Net Winnings Calculations is GRANTED with respect to the ninety-seven individuals identified in Exhibit A hereto. The Court will address the remaining 22 Net Winners who are the subject of the Receiver's Motion by separate order.

         EXHIBIT A

         List of Disputing Net Winners who have Not Responded to Receiver's Motion

Abundant Holdings

Wilner Francois

Michael Lancto

Travis Smith

Ouwatoyin Akinwale

Teresa Fu

Donna M. Legore

Reginald Stinson

Sam Alderman

Anthony Funso

Chris Love

Richard L. Tarbox

William Asamoah

Nkechi Funso

Eucharia McClain

David N. Tiet

Badu

Tina Beckles

Angelo Gardner

Sarah Miday

Thuymi To

Sue Bennett

Jerry Garrison, Jr.

Curtis D. Miller

Ying Tran

Addison Beverly

Donnamae Gibson

Eybar Molina

Dat Trinh

Jesse Black

Dana Glover

Namusisi Nakachwa

Donald Tygrett

Fred Brauer

Rebecca Guynn

Mahmoud S. Nassar

Elizabeth Vu

Paul Broekhuizen

Rex Guynn

Maria Nguyen

Minhhien Vu

Sam Carnley

Yuehan Han

Oanh H. Nguyen

Fu Wang

Joseph Carrizzo

Chuck Hanson

Vernon Nugent Jr.

Douglas Wescott

Laquita Carter

Terri Hill

Larry Oxenham

Frank Wilding

Danny M. Chang

Xavier Hinojosa

Dave Pasquale

Julie E. Willis

Sumana Chea

Michael Humphrey

Mike Peebles

Catherine Wirth

Xiao Xue Chen

Olesya Ilyenkova

Jim Pinkham

Sterling Wirth

Lei Cheng

Shahid Ivar

Amy Ray

Minguang Wu

Mary M. Chofor

Charles Neal James

Chris Ripatti

Candi Yates

Cheryl Cort

Shengyi Jiang

Bob Risler

Li Ci Yau

Roxanne K.

Roger Johnsrud

S.T. Eagle, Inc.

Halland Yearwood

Cunningham

Kevin Curtis

Simarjit Kaur

Cooper J. Scott

Haiwei Yu

Mai Tb Do

Anisha Khan

Ritza St. Simon

Xiaoping Zhu

Hank Donig

Leng Xor Khang

Kuldip Singh

Travis Downing

Eduard Khemchan

Diann Slagle

DPS, Inc.

Bounlouang Laaw

Diane B. Smith


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