On August 31, 2023, the mandate issued in Barton’s appeal of the initial Receivership Order to the Fifth Circuit. Without further action by the District Court, the initial Receivership Order will be vacated on November 29, 2023. The same day that the mandate issued, the District Court entered an Order directing the SEC to move for entry of a new receivership order by September 7, 2023, with a response due by September 28, 2023, and any reply due by October 5, 2023. Additionally, the District Court ordered the Receiver to file by September 14, 2023 a declaration providing all information obtained since his appointment that he believes is relevant to the Courts consideration of a proposed new receivership order, or anything else he believes will assist the Court or help inform the Courts deliberation on this matter. In the hopes of curtailing any additional delay in consideration of a new Receivership Order, on September 5, 2023, the Receiver filed the requested Declaration. A copy of this Declaration and Interim Report can be found here.
On July 31, 2023, the Receiver filed his status report for the Second Quarter of 2023. A copy of the Report may be viewed here. The deadline for the Receiver to file his next report is October 30, 2023.
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