Sorrells appeal denied, $1.19M dollar default judgement stands
“It’s like watching the blind lead the blind…”
Having likely colluded with fellow defendant Todd Disner, David Sorrells sought to escape the default judgement rendered against him back in July.
Like Disner, Sorrells figured if he ignored the clawback litigation filed against him, that he wouldn’t have to return the Ponzi funds he stole from Zeek Rewards victims.
Like Disner, yesterday Sorrells’ actions caught up with him.
Sorrells approach to the clawback litigation mirrored that of Disner.
Sorrells was personally served with the Summons and Complaint by means of a process server on May 14, 2014.
After the extended June 30, 2014 deadline for filing an answer had passed with no filing by Mr. Sorrells, the Receiver filed a Motion for Entry of Default against Sorrells on July 2, 2014.
The Clerk of Court entered default against Sorrells on July 3, 2014.
On July 9, 2014, the Receiver filed a Motion for Default Judgment, which requests that the Clerk of Court enter judgment against Sorrells for the sum certain amount of $1,197,241.12.
This is when Sorrells finally took the clawback litigation seriously. Well, sort of.
Two weeks later Sorrells filed his pro se response and affidavit in opposition to the Receiver’s motion. His brief appears to be a copy of a filing made by another litigant, Todd Disner.
Taking Disner’s lead (Disner is well-versed in wasting time in Ponzi litigation), Sorrells hoped to have the default judgement entered against him reversed.
Here’s how that panned out:
The Court finds that Mr. Sorrells has failed to act with reasonable promptness.
He was personally served with the Summons and Complaint nearly three months before he finally filed a document in this lawsuit, which came after both the entry of default and the Receiver’s Motion for Default Judgment.
Moreover, Mr. Sorrells provides no justification whatsoever for his delay.
Instead, he simply objects to the Receiver’s calculation of his net winnings, without providing the amount he contends that he won or any evidentiary basis to refute the Receiver’s records.
Furthermore, Mr. Sorrells fails to assert a meritorious defense.
He does nothing more than allege that the Receiver’s calculation of net winnings is incorrect, that the affidavit does not contain sufficient detail regarding the records of payments from RVG to Sorells, and that he was paid under a business agreement for activities that were“designed to drive income into Zeek Rewards.”
These vague statements fall well short of asserting a meritorious defense.
Mr. Sorrells is personally responsible for his failure to plead.
And then comes the precise moment where the fictional bubble-world Sorrells surrounded himself in bursts:
In the related SEC action Sorrells, along with two other named defendants in this action, filed two significant motions challenging the Receiver’s activities.
First, Sorrells and his co-movants filed a Motion to Appoint Attorney ad Litem / Examiner for Affiliates.
In addition, Sorrells and his co-movants filed a Motion for an Order Requiring Release of Frozen Third-Party Assets.
This Court denied both of these motions.
With enough know-how to hire an attorney to intervene in the SEC Action, Sorrells cannot claim ignorance regarding the legal process.
Nor can he credibly claim that this lawsuit and the clear order in the Summons requiring him to file an answer somehow caught him off guard.
You want to file motions to waste time and then play the clueless twit in this particular case in the same court?
NO APPEAL FOR YOU!
The Court finds that Sorrells’ Motion to Strike the Receiver’s affidavit in support of the Motion for Default Judgment is likewise without merit.
In this motion, Sorrells generally disputes the Receiver’s well-supported calculations of his net winnings, but fails to provide facts that refute the Receiver’s assertions.
There is no basis for striking the affidavit.
Both of Sorrells motions were denied, with Judge Mullen ordering the court clerk to enter the previously awarded $1.19 million dollar default judgement against him.
Both Judge Mullen’s and the clerk’s orders were filed on December 18th. It’s time to pay back your victims Mr. Sorrells.
Footnote: Our thanks to Don@ASDUpdates for providing a copy of Judge Mullen’s December 18th order.
Let me see if I am sort of understanding this. There have been a number of these suits filed against people. Some of them have chosen not to respond or respond in a timely manner. Then they do respond and file a response which is denied and a judgement is filed. So basically they owe.
What happens after this?
They have a judgement against them for whatever amount. How does that money now get collected? I am certain that most of these folks are not going to willingly payback any money.
Can that judgement amount at some point be negotiated lower? Can bank accounts be seized? Can a lien be placed on assets?
I am sure that most of these people are not going to leave the money sitting around in a bank account.
Since so much time has passed, what if they put the money in cash and have hidden it? Or what if they simply spent it on wine, women and song and literally have nothing left?
these guys disner, sorell etc have a plan, they are not witless twits. i’m thinking they will declare bankruptcy so that the receiver cannot collect from them, they may have already hidden their money away.
if the defendants, disner, sorell, do not pay voluntarily , the receiver can get an order of the court to confiscate their bank accounts and properties.
if a defendant has a paying job, the court can even pass an order asking the employer of the defendant, to pay a portion of the salary to the receiver regularly till the default amount is satisfied.
but in this case, i think the receiver will find the bank accounts of disner/sorell empty, and no properties registered in their name. this will become a long weary battle.
Anyone know what happen to T Le Mont.. did he pay or is he still hiding?
He has partly “joined forces” with the other main defendants.
NOLINK://behindmlm.com/companies/zeek-rewards/zeek-ponzi-pimp-clawback-motions-to-dismiss-denied/
Sorrells and Disner are currently the only ones who have received default judgments. I don’t remember the exact amount for Disner, but it was close to $2.1 million (interests included).