Opinion
No. 3:14-cv-91
12-03-2019
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
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. Signed: December 3, 2019 /s/_________
Graham C. Mullen
United States District Judge
EXHIBIT A
List of Disputing Net Winners who have Not Responded to Receiver's Motion
Abundant Holdings
Ouwatoyin Akinwale
Sam Alderman
William Asamoah
Badu
Tina Beckles
Sue Bennett
Addison Beverly
Jesse Black
Fred Brauer
Paul Broekhuizen
Sam Carnley
Joseph Carrizzo
Laquita Carter
Danny M. Chang
Sumana Chea
Xiao Xue Chen
Lei Cheng
Mary M. Chofor
Cheryl Cort
Roxanne K.
Cunningham
Kevin Curtis
Mai Tb Do
Hank Donig
Travis Downing
DPS, Inc. Wilner Francois
Teresa Fu
Anthony Funso
Nkechi Funso Angelo Gardner
Jerry Garrison, Jr.
Donnamae Gibson
Dana Glover
Rebecca Guynn
Rex Guynn
Yuehan Han
Chuck Hanson
Terri Hill
Xavier Hinojosa
Michael Humphrey
Olesya Ilyenkova
Shahid Ivar
Charles Neal James
Shengyi Jiang
Roger Johnsrud Simarjit Kaur
Anisha Khan
Leng Xor Khang
Eduard Khemchan
Bounlouang Laaw Michael Lancto
Donna M. Legore
Chris Love
Eucharia McClain Sarah Miday
Curtis D. Miller
Eybar Molina
Namusisi Nakachwa
Mahmoud S. Nassar
Maria Nguyen
Oanh H. Nguyen
Vernon Nugent Jr.
Larry Oxenham
Dave Pasquale
Mike Peebles
Jim Pinkham
Amy Ray
Chris Ripatti
Bob Risler
S.T. Eagle, Inc. Cooper J. Scott
Ritza St. Simon
Kuldip Singh
Diann Slagle
Diane B. Smith Travis Smith
Reginald Stinson
Richard L. Tarbox
David N. Tiet Thuymi To
Ying Tran
Dat Trinh
Donald Tygrett
Elizabeth Vu
Minhhien Vu
Fu Wang
Douglas Wescott
Frank Wilding
Julie E. Willis
Catherine Wirth
Sterling Wirth
Minguang Wu
Candi Yates
Li Ci Yau
Halland Yearwood Haiwei Yu
Xiaoping Zhu