Securities and Exchange Commission v. Beasley et al, No. 2:2022cv00612 - Document 393 (D. Nev. 2022)

Court Description: ORDER Granting 390 Stipulation Authorizing the Sale of Real Property at 2065 Canvas Edge Drive, Henderson, Nevada with Proceeds from Sale to be Transferred from Escrow Directly to the Receiver. Signed by Judge Cristina D. Silva on 12/15/2022. (Copies have been distributed pursuant to the NEF - TRW)

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Securities and Exchange Commission v. Beasley et al Doc. 393 1 KARA B. HENDRICKS, Bar No. 07743 hendricksk@gtlaw.com 2 JASON K. HICKS, Bar No. 13149 hicksja@glaw.com 3 KYLE A. EWING, Bar No 014051 ewingk@gtlaw.com 4 GREENBERG TRAURIG, LLP 5 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 6 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 7 JARROD L. RICKARD, Bar No. 10203 8 jlr@skrlawyers.com KATIE L. CANNATA, Bar No. 14848 9 klc@skrlawyers.com SEMENZA KIRCHER RICKARD 10 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 11 Telephone: (702) 835-6803 12 Facsimile: (702) 920-8669 Attorneys for Receiver, Geoff Winkler 13 DAVID R. ZARO* dzaro@allenmatkins.com JOSHUA A. del CASTILLO* jdelcastillo@allenmatkins.com MATTHEW D. PHAM* mpham@allenmatkins.com *admitted pro hac vice ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 865 South Figueroa Street Suite 2800 Los Angeles, California 90017-2543 Telephone: (213) 622-5555 Facsimile: (213) 620-8816 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 SECURITIES AND EXCHANGE COMMISSION, 18 Plaintiff, 19 vs. 20 MATTHEW WADE BEASLEY, et al., 21 Defendants, 22 THE JUDD IRREVOCABLE TRUST, et al., 23 Relief Defendants. 24 Case No. 2:22-cv-00612-CDS-EJY AMENDED STIPULATION AND ORDER AUTHORIZING THE SALE OF REAL PROPERTY AT 2065 CANVAS EDGE DRIVE, HENDERSON, NEVADA WITH PROCEEDS FROM SALE TO BE TRANSFERRED FROM ESCROW DIRECTLY TO THE RECEIVER 25 26 27 28 Dockets.Justia.com The following Amended Stipulation and [Proposed] Order 1 (the “Stipulation”) regarding the 1 2 sale of the real property located at 2065 Canvas Edge Drive, Henderson, Nevada as further described 3 in Exhibit A (the “Canvas Property”), with proceeds from the sale to be transferred from escrow 4 directly to Geoff Winkler (the “Receiver”), the Court-appointed receiver in the above-entitled 5 action, is made by and between the Receiver and the plaintiff Securities and Exchange Commission 6 (the “Commission”), on the one hand, and Defendant Roland Tanner and Tanner Capital Group 7 LLC (collectively “Seller”), on the other hand, by and through their respective representatives, and 8 with respect to the following facts: 1. 9 The Receiver was appointed on June 3, 2022 pursuant to this Court's Order 10 Appointing Receiver [ECF No. 88] which was amended on July 28, 2022 [ECF No. 207] 11 (collectively the “Appointment Order”); 2. 12 Among other things, the Appointment Order required the turnover of certain personal and real property to the Receiver, including the Canvas Property. 13 3. 14 The proposed buyers for the Canvas Property, Deanna Y. Rambo and 15 Michael X. Vargas (collectively “Buyer”), have agreed to purchase the Canvas Property for 16 the sum of $485,000 in accordance with a Purchase and Sale Agreement dated October 28, 17 2022 (the “PSA”). The Buyer has deposited $10,000 into an escrow established at First 18 American Title (the “Escrow”), pursuant to that escrow agreement dated 10/17/22, as an 19 earnest money deposit. The Buyer, Seller, and Receiver have agreed that the proceeds of 20 the sale shall be transmitted from Escrow to the Receiver, via wire transfer, immediately 21 upon the closing of the sale. It is anticipated that the sale will close within 30 days of the 22 District Court's approval of this Stipulation. The Receiver and Seller understand that the 23 offer represents fair market value for the Canvas Property. 4. 24 The Receiver is seeking to close the sale via this Stipulation in lieu of a receiver's auction process because of unanticipated delays in the transfer of title to the 25 26 27 1 This Amended Stipulation is submitted to the Court subsequent to a request by the title company 28 that the legal description of the property be included in the stipulation and the same is now included as Exhibit A. -1- EXHIBIT 'A' PARCEL I: LOT 166, IN BLOCK 6 OF SOUTH EDGE INSPIRADA POD 1-3 UNIT 1 AS SHOWN BY MAP THEREOF ON FILE IN BOOK 134 OF PLATS, PAGE 73, AND AS AMENDED BY THOSE CERTIFICATE OF AMENDMENT RECORDED JANUARY 2, 2007 IN BOOK 20070102 AS INSTRUMENT NO. 03110, AND RECORDED AUGUST 13, 2008 IN BOOK 20080813 AS INSTRUMENT NO. 02357 AND RECORDED FEBRUARY 15, 2011 IN BOOK 20110215 AS INSTRUMENT NO. 01576, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA. PARCEL II: AN EASEMENT FOR INGRESS AND EGRESS OVER PRIVATE DRIVES AND COMMON AREAS AS SHOWN AND DELINEATED ON SAID MAP.

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