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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,
v.
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.

          ORDER

          HON. CARLTON W. REEVES, DISTRICT JUDGE.

         The 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”).

         The 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.

         The 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.

         Accordingly, 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 408.
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 ...

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