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183106P.pdf 03/13/2020 Morgan Stanley Smith Barney LL v. Christopher Johnson
U.S. Court of Appeals Case No: 18-3106
U.S. District Court for the District of Minnesota
[PUBLISHED] [Loken, Author, with Shepherd and Stras, Circuit Judges]
Civil case - Receiverships. The district court did not abuse its
discretion in appointing a receiver under Federal Rule of Civil Procedure
66; the district court did not err in looking to the Minnesota Revised
Uniform Limited Liability Company Act for guidance on creditors' remedies,
including receivership, where a frustrated judgment creditor like Morgan
Stanley seeks to recover from a debtor who may be using membership in an
LLC to avoid paying his debt; in such instances, entry of a charging or
accounting order may be appropriate; Morgan Stanley's motion for a
charging order under Minn. Stats. Sec. 322C.0503 properly relied on
Federal Rule of Civil Procedure 69(a) and state law.