Selected Court Motions

• Receiver's Notice of Compliance With [D.E. 655] and of No Objections to Proposed Distribution

• Receiver's Motion for Court Approval to Update Receivership Books and Records to Recognize Transfers of Claims

• Receiver's Final Report, Request for Payment of Fees and Costs, Motion for Final Distribution, and Motion to Close Receivership

• Receiver's Motion for Court Approval to Assign Interest in Realty Capital Partners

• Receiver's Nineteenth Application for Allowance and Payment of Fees and Expenses

• Receiver's Time-Sensitive Motion for Court Approval of the Sale of National Advisors Trust Shares

• Receiver's Motion for Leave to Make Second Distribution to FP Offshore by Wire Transfer

• Receiver's Notice of Compliance and No Objections to Proposed Distribution

• Receiver's Motion for Court Approval to Recognize Transfers of Claims in Receivership Books and Records

• Receiver's Motion for Court Approval of Second Interim Distribution of Funds

• Receiver's Motion for Authorization to Pay Fees to Special Counsel

• Joint Stipulation of Dismissal - Broward Litigation

• Receiver's Eighteenth Application for Allowance and Payment of Fees and Expenses

• Joint Motion for Entry of Amended Order and Final Judgment

• Receiver's Updated Notice Concerning Consents to Settlement Agreement with Ernst & Young LLP

• Receiver's Notice of Compliance with Preliminary Approval of Settlement and Scheduling Order and Notice of No Objections to the Settlement Agreement

• Receiver's Seventeenth Application for Allowance and Payment of Fees and Expenses

• Eleventh Joint Arbitration Status Report

• Notice of Settlement and Bar Order Proceedings

• Receiver's Notice Concerning Consents to Settlement Agreement with Ernst & Young LLP

• Receiver's Motion to Approve Proposed Settlement with Ernst & Young LLP, to Approve the Proposed Notice of Settlement and Bar Order Proceedings, and to Enter the Final Settlement Approval & Bar Order

• Receiver's Sixteenth Application for Allowance and Payment of Fees and Expenses

• Receiver's Fifteenth Application for Allowance and Payment of Fees and Expenses

• Receiver's Motion for Approval to Pay Litigation Consultant

• Receiver's Notice of Receipt of Full Settlement Amount and Intent to Pay Special Counsel

• Interested Party CVP SVP LLC's Combined Motion to Intervene on a Limited Basis and to Modify the Court's June 24, 2021 Order

• Receiver's Report on Distribution to FP Offshore

• Receiver's Fourteenth Application for Allowance and Payment of Fees and Expenses

• Receiver's Motion for Court Approval to Recognize Transfers of Claims (2nd 2021)

• Notice of Withdrawal of Objection to Receiver's Motion for Authorization to Pay Costs to Special Counsel

• Receiver's Motion for Leave to Make Distribution by Wire Transfer

• Receiver's Motion for Authorization to Pay Costs to Special Counsel

• Receiver's Motion for Court Approval to Recognize Transfers of Claims in Receivership Books and Records
• Receiver's Notice Concerning Proposed Distribution

• Receiver's Notice of Filing Revised Schedule A

• Receiver's Motion for Authorization to Pay Fees to Special Counsel

• Receiver's Motion for Court Approval of Interim Distribution of Funds

• Motion for Court Approval of the Receiver's Recommendations Concerning Claims and Proposed Objection Schedule

• Receiver's Thirteenth Application for Allowance and Payment of Fees and Expenses

• Receiver's Motion for Approval of Settlement Agreement with Mayer Brown

• Motion by CVP for Recognition of Assignment of Claims

• Receiver's Motion for Approval of Claims Process for Non-Investor Creditors

• Receiver's Motion for Sanctions for Mayer Brown's Discovery Misconduct

• Receiver's Motion to Approve Addendum to Beus Gilbert Representation Agreement

• Receiver's Twelfth Application for Allowance and Payment of Fees and Expenses

• Receiver's Motion to Approve Transfer of Claim

• Receiver's Eleventh Application for Allowance and Payment of Fees and Expenses

• Receiver's Tenth Application for Allowance and Payment of Fees and Expenses

• The Receiver's Ninth Application for Allowance and Payment of Fees and Expenses

• The Receiver's Eighth Application for Allowance and Payment of Fees and Expenses

• The Receiver's Seventh Application for Allowance and Payment of Fees and Expenses

• Receiver's Motion to Amend Complaint (Daniel S. Newman, etc. v. Ernst & Young, et al.)

• Second Application for Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals in the Sun Litigation and Settlement
• Receiver's Sixth Application for Allowance and Payment of Fees and Expenses

• Motion for Approval to Execute Amendment to FP Designee Limited Liability Agreement

• Joint Motion for Approval of Settlement Agreement

• Receiver's Pre-Hearing Submission

• Receiver's Omnibus Response to Investor Objections to Motion for Court Approval of (a) the Receiver's Recommendations Concerning Claims; (b) an Interim Distribution of Interests in the FP Designee; and (c) the Receiver's Proposed Objection Schedule

• Joint Motion for Order of Dismissal

• Receiver's Motion for Court Approval of (a) the Receiver's Recommendations Concerning Claims; (b) an Interim Distribution of Interests in the FP Designee; and (c) the Receiver's Proposed Objection Schedule

• Receiver's Motion for Court Approval of the Sale of Trade-PMR Stock

• Receiver's Fifth Application for Allowance and Payment of Fees and Expenses (Case No. 09cv229)
• Application for Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel, and Other Professionals (Case No. 09cv445)

• Receiver's Motion to Appoint Special Counsel Nunc Pro Tunc

• Joint Motion for Miscellaneous Relief (specifically approval of revised settlement agreement and amendment)

• Receiver's Motion for Entry of An Order Authorizing Payment to Catalyst Financial, LLC

• Transcript of Fairness Hearing Held 3/30/12

• Amended Motion To Approve Claims Process and Exhibits

• Exhibits to Joint Motion to Approve Settlement
• Joint Motion to Approve Settlement

• Gunlicks Motion to Strike Plaintiff's Motion to Set Disgorgement

• Receiver's 4th Fee Application

• Receiver's Third Report

• SEC's Motion and Memorandum of Law to Set Disgorgement

• Second Amended Complaint against Ernst & Young and Mayer Brown

• Joint Notice 4/22/11

• Motion to Withdraw As Attorney for William L. Gunlicks and Pamela Gunlicks by Carlton Fields, P.A.

• Receiver's Motion for An Order to Show Cause Why the Gunlicks Children, William L. Gunlicks, and Their Illinois Counsel Should Not Be Held In Contempt of Court for Violating the Receivership Order and Sanction Them to Coerce Compliance With The Court's Order and Request for Oral Argument.

• Parties' Sealed Joint Notice Concerning Settlement Status

• Parties Joint Filing Concerning Unsealing Joint Notice

• Receiver's Third Fee Application

• Parties' Joint Notice Concerning Settlement Status

• Receiver's Response in Opposition to Defendants' Emergency Motion to Stay Proceedings During Settlement Negotiations and Memorandum of Law

• Receiver's Notice of Intent to File Memorandum in Opposition to Defendants' Emergency Motion to Stay Proceedings During Settlement Negotiations

• Defendant's Emergency Motion to Stay Proceedings During Settlement Negotiations and Memorandum of Law

• Receiver's 2nd Fee Application

• Receiver's Motion to Strike Reply Declarations
• Receiver's Motion for Leave to File Sur-Reply

• Memorandum in Opposition to Plaintiff's Motion for Leave to File First Amended Complaint

• Receiver's Motion for Leave to File Amended Complaint

• Receiver's Memorandum in Opposition to Defendants' Motion for Preliminary Injunction

• Leyza F. Blanco's, Former Receiver, First and Final Application for Reimbursement of Legal Fees and Expenses and Memorandum of Law in Support of Same
• GrayRobinson, P.A.'s, As Counsel to Former Receiver, First and Final Application for Reimbursement of Legal Fees and Expenses and Memorandum of Law in Support of Same
• Dykema's, as Local Counsel to Former Receiver, First and Final Application for Reimbursement of Legal Fees and Expenses and Memorandum of Law in Support of Same

• Receiver's First Interim Application for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and other Professionals

• Application for Issuance of Letter of Request

• Receiver's Emergency Motion to Compel Depositions or, Alternatively, to Strike Defendants' Emergency Motion and Vacate the TRO due to Sun's Failure to Provide Court-Ordered Expedited Discovery

• Plaintiff and Receiver's Joint Response Opposing Non-Party North Shore Community Bank & Trust Company, Inc.'s Motion to Clarify and/or Modify the Temporary Asset Freeze

• Motion to Clarify and/or Modify the Temporary Asset Freeze by North Shore Community Bank & Trust Company, Inc.

• Receiver's Unopposed Emergency Motion to Continue Preliminary Injunction Oral Argument and For Expedited Discovery and Briefing Schedule, While TRO Remains in Effect

• Receiver's Opposition to Sun Capital, Inc. and Sun Capital Healthcare, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law
• Exhibits to Receiver's Opposition to Sun Capital, Inc. and Sun Capital Healthcare, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law

• Sun Capital Healthcare, Inc. and Sun Capital, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction and Incorporated Memorandum

• Complaint filed by Daniel Newman, as Receiver, against Sun Capital, Inc., Sun Capital Healthcare, Inc., and HLP Properties of Port Arthur, LLC

• Receiver's Emergency Motion to Employ Legal Counsel in Bermuda and the Cayman Islands

• Receiver's Court-Ordered Submission Concerning Defendant William L. Gunlick's Renewed Emergency Motion to Modify the Asset Freeze

• Reply in Support of William L. Gunlick's Renewed Emergency Motion to Modify the Asset Freeze and Memorandum of Law

• Receiver's Motion Employ Accountants
• Plaintiff's Response to Defendant William L. Gunlick's Renewed Emergency Motion to Modify the Asset Freeze

• Receiver's Motion to Employ Legal Counsel

• Defendant William Gunlick's Renewed Emergency Motion to Modify the Asset Freeze and Memorandum of Law

• SEC's Ex-Parte Emergency Motion for Asset Freeze
• Asset Freeze Order

Selected Court Orders

• Order on Receiver's Notice of Compliance and of No Objections to Proposed Distribution

• Order Granting Receiver's Motion for Court Approval to Update Receivership Books and Records to Recognize Transfers of Claims

• Preliminary Order on Receiver's Final Report, Request for Payment of Fees and Costs, Motion for Final Distribution, and Motion to Close Receivership

• Order on Receiver's Motion for Court Approval to Assign Interests in Realty Capital Partners

• Order on Receiver's 19th Application for Allowance and Payment of Fees and Expenses

• Order on Receiver's Time-Sensitive Motion for Court Approval of the Sale of National Advisors Trust Shares

• Order on Receiver's Motion for Leave to Make Second Distribution to FP Offshore by Wire Transfer

• Order on Receiver's Motion for Court Approval of Second Interim Distribution of Funds

• Order on Receiver's Motion for Court Approval to Recognize Transfers of Claims in Receivership Books and Records

• Order Approving Receiver's Proposed Objection Procedure

• Order on Receiver's Motion for Authorization to Pay Fees to Special Counsel

• Order on 18th Application for Allowance and Payment of Fees and Expenses

• Judgment in a Civil Case

• Order on Receiver and E&Y's Joint Motion for Entry of Amended Order and Final Judgment
• Amended Final Settlement Approval and Bar Order

• Final Settlement Approval and Bar Order

• Order on 17th Application for Allowance and Payment of Fees and Expenses

• Preliminary Approval of Settlement and Scheduling Order

• Order on 16th Application for Allowance and Payment of Fees and Expenses

• Order on 15th Application for Allowance and Payment of Fees and Expenses

• Order Granting Motion for Approval to Pay Litigation Consultant

• Order on Interested Party CVP SVP LLC's Combined Motion to Intervene on a Limited Basis and to Modify the Court's June 24, 2021 Order

• Order on 14th Application for Allowance and Payment of Fees and Expenses

• Order Approving Motion for Court Approval to Recognize Transfers of Claims (2nd 2021)

• Order Approving Receiver's Motion for Leave to Make Distribution to FP Offshore by Wire Transfer
• Order Approving Receiver's Motion for Authorization to Pay Costs to Special Counsel

• Order Approving Motion for Court Approval to Recognize Transfers of Claims in Receivership Books and Records
• Order Approving Motion for Court Approval of Interim Distribution of Funds

• Order Approving Receiver's Objection Procedure (Revised)

• Order Approving Motion for Authorization to Pay Special Counsel

• Order Approving Receiver's Proposed Objection Schedule

• Final Judgment in a Civil Case (Middle District)

• Final Judgment Concerning Claims Against Mayer Brown (Broward Circuit Case)

• Final Settlement Approval and Bar Order Regarding Receiver's Litigation with Mayer Brown LLP

• Order Approving Receiver's Proposed Objection Procedure (Receiver's Recommendations)

• Order - Notice of Hearing on Receiver's Motion for Approval of Settlement Agreement

• Order on 13th Application for Allowance and Payment of Fees and Expenses

• Amended Preliminary Approval of Settlement and Scheduling Order

• Order Granting Motion by CVP for Recognition of Assignment of Claims

• Order Approving Receiver's Motion for Approval of Claims Process for Non-Investor Creditors

• Order on Mayer Brown's Motion for Partial Summary Judgment and Motion in Limine Re: Setoff of Receiver's Settlement with Sun
• Order on Mayer Brown's Motion for Partial Summary Judgment Regarding the Receiver's Benefit of the Bargain Damages Theory
• Order on Mayer Brown's Motion for Partial Summary Judgment on Counts XI and XII
• Order on Mayer Brown's Motion for Partial Summary Judgment as to the Receiver's Entitlement to an Award of Attorney's Fees

• Order on Receiver's Motion Approving Addendum to Beus Gilbert Representation Agreement

• Order Approving 12th Application for Allowance and Payment of Fees and Expenses

• Order Regarding Case Schedule (trial order)

• Second Joint Arbitration Status Report

• Order Granting Receiver's Motion to Approve Transfer of Claim

• Order on Ernst & Young's Motion to Stay Litigation of Non-Arbitrable Claims

• Fourth District Court of Appeal Order Denying Ernst & Young LLP's Motion for Rehearing

• Order on Eleventh Application for Allowance and Payment of Fees and Expenses

• Fourth District Court of Appeal Opinion - Daniel Newman v. Ernst & Young

• Agreed Order Regarding Case Schedule & Certain Discovery

• Order Setting Trial and Pre-Trial Instructions (Mayer Brown action)

• Order on Receiver's Motion to Extend Order Governing Use of Confidential Discovery Information dated January 25, 2010 (Case No. 09cv229)

• Agreed Order Regarding Case Schedule & Certain Discovery (Mayer Brown action)

• Order on Receiver's Motion to Extend Order Governing Use of Confidential Discovery Information dated March 18, 2010 (Case No. 09cv445)

• Order Granting Receiver's Tenth Application for Allowance and Payment of Fees and Expenses

• Order on Defendant Mayer Brown, LLP's Motion to Dismiss
• Order on Defendant Ernst & Young LLP's Revised Motion to Compel Arbitration and Stay or Abate the Claims Against It

• Order Granting Receiver's Ninth Application for Allowance and Payment of Fees and Expenses

• Order Granting Receiver's Eighth Application for Allowance and Payment of Fees and Expenses

• Order Granting Receiver's Seventh Application for Allowance and Payment of Fees and Expenses

• Order on the Receiver's Second Application for Payment of Fees and Costs in the Sun Litigation, and the Sixth Application for Fees and Costs

• Order Granting Joint Motion for Approval of Settlement Agreement (Newman v. Gunlicks)

• Judgment obtained by the SEC against Founding Partners Capital Management

• Order on Joint Motion for Approval of Settlement Agreement (Newman v. Gunlicks)

• Opinion and Order Approving Receiver's Recommendations and Fairness of Distribution of FP Designee Interests Pursuant to Section 3(a)(10) of the Securities Laws

• Order Dismissing All Claims and Counterclaims

• Order on Various Motions (Case No. 09cv229)
• Supplemental Final Judgment as to Defendant William J. Gunlicks
• Order Approving Receiver's Recommendation for Proposed Objection and Hearing Schedule
• Order on Various Motions (Case No. 09cv445)

• Mayer Brown Appellate Court Order

• Order Approving Sale of Trade PMR Stock

• Order on Receiver’s Fifth Application for Allowance and Payment of Fees and Expenses

• Order Granting Receiver's Motion to Appoint Special Counsel

• Amended Opinion and Order (granting Joint Motion for Approval of Revised Settlement Agreement and Amendment)

• Order Approving Receiver's Motion for Approval of Claims Process

• Order Striking Motion for Reconsideration; Denying Motion for Turnover of Personal Property and Items in Storage

• Order on Various Issues Relating to Administration of Receivership

• Opinion and Order (withholding approval of the Settlement Agreement)

• Order Preliminary Approving Settlement Transaction and Scheduling Deadlines

• Supplemental Judgment In A Civil Case

• Opinion and Order

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

• Order Granting the Defense Counsel Carlton Fields, P.A.'s Motion for Leave to Withdraw as Counsel for William L. and Pamela Gunlicks

• Order Directing Court to Unseal Parties Joint Notice

• Order on Parties' Joint Notice Concerning Settlement Status

• Order on the Receiver's First and Second Interim Applications for Allowance and Payment of Fees and Expenses Incurred by the Receiver, Retained Counsel and Other Professionals

• Order on Defendants' Emergency Motion to Stay Proceedings During Settlement Negotiations

• Order (temporarily granting Motion to Stay Proceedings During Settlement Negotiations)

• Order Denying Filing Sur-Reply

• Report and Recommendation

• Order on Defendant William Gunlicks' Motion for Order Authorizing Disbursement of Funds from North Shore Community Bank & Trust

• Order on Receiver's Unopposed Emergency Motion to Continue Preliminary Injunction Oral Argument and for Expedited Discovery and Briefing Schedule While TRO Remains in Effect

• Opinion and Order regarding Sun Capital, Inc. and Sun Capital Healthcare, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction
• Temporary Restraining Order

• Opinion and Order (Gunlick's Renewed Emergency Motion to Modify the Asset Freeze)

• Order Granting Receiver's Emergency Motion to Employ Legal Counsel in Bermuda and the Cayman Islands

• (Cayman Islands) Order for Appointment of Provisional Liquidators for Founding Partners Global Fund, Ltd.
• (Cayman Islands) Order for Appointment of Provisional Liquidators for Founding Partners Global Fund, Inc.

• Order Granting Motion to Employ Accountants

• Order Granting Receiver's Motion to Employ Legal Counsel

• Order Appointing Replacement Receiver

• Order Continuing Asset Freeze

• Original Order Appointing Receiver