Here's the info from the last 10Q
Post Judgment Collection Actions by Hennis
On August 23, 2013, Hennis attempted to have a receiver appointed to take control over the Company by means of an Ex Parte Motion for the Appointment of a Receiver filed in Jefferson County, Colorado. This motion was denied by the court on September 4, 2013. The court’s order stated, “Should plaintiffs wish to pursue their Rule 66 motion, they should serve their complaint and motion upon defendant and, after service is effected, contact the court to request a forthwith hearing.”
On September 6, 2013, the Company was served, through its registered agent, with 1) Renewed Motion for Appointment of Receiver, and 2) Verified Complaint, seeking a judicial foreclosure, declaratory judgment, breach of fiduciary duties.
A hearing on the motion to appoint a receiver was held on November 12 and 15, 2013. The motion to appoint a receiver was denied on November 19, 2013. The Company has filed its answer and initial disclosures regarding the underlying complaint regarding judicial foreclosure, declaratory judgment, breach of fiduciary duties, and awaits the court’s scheduling of a case management conference.
On December 20, 2013, Hennis filed a Motion with the Court seeking Judgment on the Pleadings, Alternatively for Summary Judgment, as to Plaintiffs’ First Claim for Relief, that claim being a judicial foreclosure of Defendant’s assets.
On January 6, 2014, Hennis filed a Notice of Appeal with the Colorado Court of Appeals appealing the Court’s November 19, 2013, denial of Hennis’ Renewed Motion for Appointment of Receiver.
Recreation Properties, Thomas A. Warlick
On December 5, 2013, Recreation Properties, Thomas A. Warlick, President, served upon the Company, C. Stephen Guyer (“Guyer”), and Lee R. Rice (“Rice”) a Complaint alleging; 1) Default Upon a Promissory Note Payable, 2) Breach of Contract, Breach of Fiduciary Duty (Guyer and Rice), and 3) Fraudulent Transfer Under CRS §§ 38-8-105(1)(b) & 106(1). The Complaint seeks a judgment in favor of Recreation Properties, recovery of funds transferred to Guyer and Rice during the last four years preceding the complaint, and avoidance of the Deeds of Trust granted to Guyer and Rice.
The Company filed its answer on December 26, 2013. On the same date, the Company filed a Motion to Consolidate this case with the Hennis action described above. On January 24, 2014, the court granted the Company's Motion to Consolidate.
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