Attorneys for Gil A. Miller, Receiver for Management...

HOLLAND & HART LLP David K. Broadbent, #0442 Doyle S. Byers, #11440 Cory A. Talbot, #11477 222 S. Main Street, Suite 2200 Salt Lake City, UT 84101 Telephone: 801-799-5960 Fax: 801-713-6259 Attorneys for Gil A. Miller, Receiver for Management Solutions, Inc., Wendell A. Jacobson, and Allen R. Jacobson

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. MANAGEMENT SOLUTIONS, INC., a Texas Corporation; WENDELL A. JACOBSON; ALLEN R. JACOBSON, Defendants.

MOTION TO APPOINT APPRAISERS REGARDING SALE OF PROPERTY

LOCATED AT 115 SHADYBROOK ROAD (a/k/a 14 SHADYBROOK ROAD), BURNEYVILLE, OKLAHOMA

Civil Action No. 2:11-cv-01165

Judge Bruce S. Jenkins

Gil A. Miller, as receiver for defendant Management Solutions, Inc., and others (the

“Receiver”), hereby moves the Court to appoint appraisers regarding a proposed sale.

Subject to Court approval, the Receiver has negotiated an agreement for the private sale

of residential property located at 115 Shadybrook Road (a/k/a 14 Shadybrook Road),

Burneyville, Oklahoma, 73430, which is part of the community known as Falcon Head (the

“Property”). In conjunction with this contemplated sale, the Receiver requests the Court for an

order confirming the appointment of three independent appraisers as required by 28 U.S.C.

Case 2:11-cv-01165-BSJ Document 2540 Filed 05/20/15 of 5

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§ 2001 to assist the Court and the Receiver in evaluating the contemplated sale. The proposed

appraisers are Stephen DuPlantis of CBRE, Inc. (“CBRE”); Jack D. Gentry (“Gentry”); and

Michelle Porter (“Porter”).

MEMORANDUM

The Receiver has negotiated an agreement for the private sale of residential property

located at 115 Shadybrook Road (a/k/a 14 Shadybrook Road), Burneyville, Oklahoma, 73430,

and simultaneously moves the Court for approval of the proposed sale.

The Court’s December 15, 2011 Order Appointing Receiver, Freezing Assets & Other

Relief [Doc. 4] (the “Order”) authorizes and directs the Receiver to take control of Defendants’

assets and provides, “Upon further Order of this Court, pursuant to such procedures as may be

required by this Court and additional authority such as 28 U.S.C.§§ 2001 and 2004, the Receiver

will be authorized to sell, and transfer clear title to, all real property in the Receivership Estates.”

(Order at 14, ¶ 40.) The Order also contemplates that the Receiver would employ professionals

to assist him in discharging his duties, including financial and business advisers, as well as real

estate agents:

To engage and employ persons in his discretion to assist him in carrying out his duties and responsibilities hereunder, including, but not limited to, accountants, attorneys, securities traders, registered representatives, financial or business advisers, liquidating agents, real estate agents, forensic experts, brokers, traders or auctioneers.

(Id. at 4-5, ¶ 8(F).)

Consistent with these provisions, the Receiver has requested three professional and

disinterested appraisers to provide appraisals to assist the Court and the Receiver in evaluating


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the reasonableness of the private sale. To comply with the requirements of § 2001(b), the

Receiver requests that the Court confirm the appointment of these three appraisers.

Attached hereto are the credentials and certification for the following appraisers: Stephen

DuPlantis of CBRE, Inc. (Exhibit A); Jack D. Gentry (Exhibit B); and Michelle Porter (Exhibit

C). All three of these appraisers are reputable professionals and state-certified appraisers.

To expedite this process, the Receiver does not request oral argument on this motion. A

proposed order granting the Motion is submitted herewith attached as Exhibit D.

CONCLUSION

Based upon the foregoing, the Receiver requests that this Court grant his motion.

DATED this 20th day of May, 2015.

HOLLAND & HART LLP /s/ Doyle S. Byers David K. Broadbent Doyle S. Byers Cory A. Talbot

Attorneys for Gil A. Miller, Receiver


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CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of May, 2015, I caused to be electronically filed the

foregoing with the Court by CM/ECF, and the Court will send electronic notification to all

counsel.

I also certify that I caused the foregoing to be served via first-class mail, postage prepaid,

on the following:

Greg B. Bailey P. O. Box 298 Fountain Green, UT 84632 Telephone: (435) 262-7683 Pro Se Lanny Waite Maxine Waite P. O. Box 192 Logandale, NV 89021 Pro Se

/s/ Doyle S. Byers


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INDEX OF EXHIBITS A - DuPlantis credentials. B - Gentry credentials. C - Porter credentials. D - Proposed Order. 7801347_1


EXHIBIT “A”

Case 2:11-cv-01165-BSJ Document 2540-1 Filed 05/20/15 Page 1 of 3

QUALIFICATIONS OF

STEPHEN D. DUPLANTIS, MAI Senior Managing Director

CBRE, INC.

VALUATION & ADVISORY SERVICES 2700 Post Oak Boulevard, Suite 250

Houston, Texas 77056 (713) 840-6625

FORMAL EDUCATION

Texas A & M University - B.S. Agricultural Economics (August 1983)

CONTINUING EDUCATION All current requirements have been completed for each of the state’s certifications as well as the Appraisal Institute for the MAI designation.

LICENSE(S)/CERTIFICATION(S) Certified Real Estate Appraiser:

State of Arkansas (CG0913N) State of Kansas (G-1255) State of Louisiana (G-0523) State of Mississippi (GA-737) State of Missouri (2002015691) State of Oklahoma (11588CGA) State of Texas (TX-1321138-G)

PROFESSIONAL AFFILIATIONS & DESIGNATIONS ATTAINED

Appraisal Institute Designated Member (MAI), Certificate No. 8149 - May 1989 President – Houston Chapter #33 Appraisal Institute (1998) Vice President – Houston Chapter #33 Appraisal Institute (1997) Secretary - Houston Chapter #33 Appraisal Institute (1996) Board of Directors – Houston Chapter #33 Appraisal Institute (1991-1996) Past Chairman of Social Committee, Education Committee, Candidate Guidance Committee and Admission Committee Approved Instructor – Appraisal Institute

EMPLOYMENT EXPERIENCE Twenty years of Real Estate Appraisal and Consulting experience throughout the United States. Expert witness in commissioner, condemnation and bankruptcy hearings. Also served on mediation hearings. March 1996 – Present CBRE, Inc. Houston, Texas Valuation & Advisory Services Senior Managing Director 1983-1996 The Gerald A. Teel Company Houston, Texas Manager

© 2014 CBRE, Inc.


© 2014 CBRE, Inc.

State of Oklahoma

9 ~ ~ ~1901 z

John D. Doak, Insurance Commissioner

Oklahoma Real Estate Appraiser Board This is to certifY that:

Stephen D. DuPlantis has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a Certified Residential Real Estate Appraiser in the State of Oklahoma.

In Witness Whereof, I have hereunto set my hand and caused the seal of my office to be affixed at the City of Oklahoma City, State of Oklahoma, this 18th day of May A.D. 2011.

Expires· 613012014

Members, Oklahoma Real Estate Appraiser Board

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Oklahoma Appraiser Number. l l 5 8 8 CG A


EXHIBIT “B”


Resume

Jack D. Gentry P. O. Box 5512

Ardmore, OK 73403

Phone: 580-221-3746 Fax: 580-319-5427

QUALIFICATIONS Certified Residential Real Estate appraiser by the Oklahoma Real Estate Appraiser Board on 10/2/2009. Oklahoma appraiser number 12682CRA.

EDUCATION

1973 Bachelor's Degree in Business Administration: East Central University, Ada, Oklahoma

1969 High School Diploma: Ardmore,Oklahoma

EMPLOYMENT 2003 Self Employed in the southern Oklahoma area as a real estate appraiser.

1996-2003 Mercy Memorial Hospital, Ardmore, Ok: As a Multi Proficient Employee

In the Psychiatric Unit, my primary focus was direct patient care. Due to patients varied mental conditions, I was required to exercise interpersonal skills in an on-going fashion. I routinely entered computer requests on Windows 98.

1985-1996 Mathes Sheet Metal, Ardmore, OK: Designed, manufactured and installed

sheet metal products. Supervised other workers. Personal selling involved bid preparation an presentation to customer.

1984-1982 Self Employed in the Ardmore area as a cattle rancher and pecan

producer.

1981-1984 Samedan Oil Co., Ardmore, OK: Computed capital depreciation on company assets and made joint venture accounting entries.

1973-1981 Santa Fe Railway: Head File Clerk in Sales Dept., Internal Auditor under

Comptroller's' jurisdiction, Rate Quotation Clerk in Pricing Dept.


State of Oklahoma

John D. Doak, Insurance Commissioner

Oklahoma Real Estate Appraiser Board This is to certify that:

Jackie D. Gentry has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a Certified Residential Real Estate Appraiser in the State of Oklahoma.

In Witness Whereof I have hereunto set my hand and caused the seal of my office to be affixed at the City of Oklahoma City, State of Oklahoma, this 27th day of June A.D. 2012.

E xpires: 613012015


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Oklahoma Appraiser Number: J 2682CRA


EXHIBIT “C”


m.ichelle porter

oklahoma licensed real estate appraiser

Education :

500 n.driftwood marietta, ok 73448

580.276.2655 fax 918.512.4375

[email protected]

RESUME

Roger Despain School of Real Estate Oklahoma City , TX - Continuing Education

Columbia Institute San Antonio , TX - Continuing Education

Myloe Wilson Pauls Valley, OK - Continuing Education

Lalli School of Real Estate McAlester , OK - Continuing Education

Charles Barnes Schools of Real Estate Midwest City, Oklahoma - 1993 Licensing

Richland Jr . College Dallas , TX - Real Estate

Southern Methodist University (SMU) Dallas , TX - General Education

Mesquite High School Mesquite , TX - Graduated 1972

University of London Durham England - General Education


Employment :

Self employed Real Estate Appraiser

Legal Secretary Kenneth L . Delashaw , Jr . Michael J . Hester Charles E . Roberts Marietta , Oklahoma

Self employed Landman Title Research and Leasing

References :

First National Bank and Trust Company of Ardmore Marietta , Oklahoma Ron Bond , Sr . Vice President (580) 27 6-9494

BancFirst Marietta , Oklahoma Joe Young , Vice President (580) 276-3356

Citizens Bank and Trust Company Ardmore , Oklahoma Tracy Conway, Sr . Vice President (580) 220-2779·

Glen C. Burns , Attorney at Law Ardmore , OK (580) 223-3020

License # lll03SLA 1993-current

I have been a Licensed Real Estate Appraiser and Closing Agent in Love County for the past twenty years . Along with appraising for area lenders , I also appraise for the Love County Sheriff in foreclosure cases and have been appointed as a Commissioner in several partition actions . I have testified as an expert witness as to land values in Love County for various cases in the courtrooms of The Honorable Judge Charles Roberts and The Honorable Judge John Scaggs .


State of Oklahoma

Jolin D. Doak, Insurance Co1nmissioner

Oklahoma Real Estate Appraiser Board This is to certify that:

• lC •

has complied with the provisions of the Oklahoma Real Estate Appraisers Act to transact business as a State Licensed Real Estate Appraiser in the State of Oklahoma.

In Witness Whereof, I have hereunto set my hand and caused the seal of my office to be affixed at the City of Oklahoma City, State of Oklahoma, this 30th day of July 2013.

Chairperson, Oklahoma Real Estate Appraiser Board


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Expires: 11/30/2014 Oklahoma Appraiser Number: J 110 3 S LA


EXHIBIT “D”


HOLLAND & HART LLP David K. Broadbent, #0442 Doyle S. Byers, #11440 222 S. Main Street, Suite 2200 Salt Lake City, UT 84101 Telephone: 801-799-5800 Fax: 801-713-6259 Attorneys for Gil A. Miller as Receiver for Management Solutions, Inc., Wendell A. Jacobson and Allen R. Jacobson

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. MANAGEMENT SOLUTIONS, INC., a Texas Corporation; WENDELL A. JACOBSON; ALLEN R. JACOBSON, Defendants.

ORDER GRANTING MOTION TO APPOINT APPRAISERS REGARDING

SALE OF PROPERTY LOCATED AT 115 SHADYBROOK ROAD (a/k/a 14

SHADYBROOK ROAD), BURNEYVILLE, OKLAHOMA.

Civil Action No. 2:11-cv-01165

Judge Bruce S. Jenkins

The Court, having reviewed the Receiver’s Motion to Appoint Appraisers Regarding Sale

of Property Located at 115 Shadybrook Road (a/k/a 14 Shadybrook Road), Burneyville,

Oklahoma, and good cause appearing therefore, hereby ORDERS and DECREES as follows:


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Pursuant to 28 U.S.C. § 2001, the Court appoints Stephen DuPlantis of CBRE, Inc.; Jack

D. Gentry; and Michelle Porter as independent appraisers to assist the Court and the Receiver in

evaluating the contemplated sale of property at issue.

DATED this ____ day of May, 2015.

BY THE COURT:

______________________________________ Honorable Bruce S. Jenkins U. S. District Court Judge 6739892_1


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