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Mills v. Billings
United States District Court, S.D. Mississippi, Northern Division
October 2, 2018
ALYSSON MILLS, IN HER CAPACITY AS RECEIVER FOR ARTHUR LAMAR ADAMS AND MADISON TIMBER PROPERTIES, LLC, Plaintiff,
MICHAEL D. BILLINGS and MDB GROUP, LLC; TERRY WAYNE KELLY, JR. and KELLY MANAGEMENT, LLC; and WILLIAM B. MCHENRY, JR. and FIRST SOUTH INVESTMENTS, LLC, Defendants.
CARLTON W. REEVES, DISTRICT JUDGE.
Court has received the Joint Motion for Entry of Order filed
by Plaintiff Alysson Mills, in her capacity as the
court-appointed receiver for Arthur Lamar Adams and Madison
Timber Properties, LLC (the “Receiver”), and
Defendants William B. McHenry, Jr. and First South
Investments, LLC (collectively “Defendants”).
Receiver has filed a Complaint against Defendants that seeks
to recover “commissions” Defendants received from
Arthur Lamar Adams and Madison Timber Properties, LLC. In the
interests of all, the parties desire to resolve the
Receiver's claims against Defendants amicably, to
minimize time and expense to the Receivership Estate,
Defendants, and the Court. The parties request that the Court
enter an order that will encourage the parties'
negotiations by establishing a timeline and parameters.
Court is mindful that litigation is expensive and the
Receiver's objective is to maximize funds available for
distribution to victims. The Court finds the parties'
request is appropriate, therefore their motion is GRANTED.
it is hereby ORDERED:
a. Within five days [on or before October 6,
2018] Defendants shall make 1) a full and complete
financial disclosure, using the form provided by the
Receiver; and 2) one or more good faith proposals to resolve
the Receiver's claims against Defendants relating to the
“commissions” they received from Madison Timber.
b. The Receiver shall consider in good faith any proposal by
Defendants and shall reply to it within five days [on or
before October 11, 2018].
c. Thereafter the parties shall have an additional five days
[on or before October 16, 2018] to work to
reach an agreement to resolve the Receiver's claims
against Defendants relating to the “commissions”
they received from Madison Timber. The Receiver has no
obligation to accept any proposal by Defendants and has no
obligation to make a counter-proposal. The acceptance or
rejection of all or part of any proposal shall be solely at
the discretion of the Receiver.
d. The parties' negotiations shall be confidential and
subject to all of the protections of Federal Rule of Evidence
e. Any information shared by either party during this
fifteen-day period [through and including October 16,
2018] shall be treated as confidential, as follows:
i. “Confidential” may be used to describe
material that contains 1) information prohibited from
disclosure by law; 2) financial information that a party has
treated as confidential in the ordinary course of business;
3) a party's income tax returns, including attached
schedules and forms; and 4) any person's social security
number or other identifying information.
ii. Any party may designate any material
“Confidential.” By designating any material
“Confidential” a party's counsel certifies
that the material contains “Confidential”
information as defined above.
iii. The parties and their counsel shall not disclose any
material designated “Confidential” to any third
person or entity, except that they may disclose it to a
consultant or expert employed by the parties and their
counsel to assist in them in the prosecution or defense of
the claims in the Complaint.
iv. If, in the prosecution or defense of the claims in the
Complaint, the parties desire to submit any material
designated “Confidential” to the Court, they