Case: 22-11226 Document: 55 Page: 1 Date Filed: 04/12/2023
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`No. 22-11226
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`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FIFTH CIRCUIT
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`SECURITIES AND EXCHANGE COMMISSION,
`Plaintiff-Appellee,
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`v.
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`TIMOTHY BARTON,
`Defendant-Appellant.
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`Appeal from the United States District Court
`for the Northern District of Texas
`No. 3:22-cv-02118-X
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`RESPONSE OF APPELLEE
`SECURITIES AND EXCHANGE COMMISSION
`TO RECEIVER’S MOTION FOR LEAVE
`TO FILE AMICUS CURIAE BRIEF
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`DOMINICK V. FREDA
`Assistant General Counsel
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`EZEKIEL L. HILL
`Appellate Counsel
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`Securities and Exchange Commission
`100 F Street, N.E.
`Washington, D.C. 20549
`202.551.7724 (Hill)
`hillez@sec.gov
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`Case: 22-11226 Document: 55 Page: 2 Date Filed: 04/12/2023
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`On April 5, 2023, Cortney C. Thomas, the district court-appointed receiver
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`(“Receiver”), filed a motion for leave to file an amicus curiae brief responding to
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`appellant Timothy Barton’s brief. On April 11, 2023, the Court requested that
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`appellee Securities and Exchange Commission respond to the Receiver’s motion.
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`In the Commission’s view, the Receiver’s motion should be granted.
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`Barton appeals from a district court order that granted the Receiver’s motion
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`for approval to sell certain real property. ROA.2740, 2781. Because it was the
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`Receiver (and only the Receiver) that sought the appealed-from order (see
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`ROA.2373), the Court’s consideration of the appeal may benefit from the
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`Receiver’s proposed amicus brief.1 Moreover, as the Receiver’s motion states,
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`“the Receiver possesses the most-up-to-date and specific information regarding the
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`status of the [property at issue].”
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`The Receiver’s motion for leave to file an amicus brief should be granted.
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`1 While the Court denied the Receiver’s requests to be named an appellee,
`party in interest, or intervenor in this appeal, the Court granted the Receiver’s
`request to file a motion to dismiss as an amicus brief.
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`1
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`Case: 22-11226 Document: 55 Page: 3 Date Filed: 04/12/2023
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`Respectfully submitted,
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`DOMINICK V. FREDA
`Assistant General Counsel
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`/s/ Ezekiel L. Hill
`EZEKIEL L. HILL
`Appellate Counsel
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`Securities and Exchange Commission
`100 F Street, N.E.
`Washington, D.C. 20549
`202.551.7724 (Hill)
`hillez@sec.gov
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`April 12, 2023
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`2
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`Case: 22-11226 Document: 55 Page: 4 Date Filed: 04/12/2023
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`CERTIFICATE OF SERVICE AND FILING
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`I certify that on April 12, 2023, I electronically filed the foregoing response
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`with the Clerk of the Court for the U.S. Court of Appeals for the Fifth Circuit
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`through the Court’s CM/ECF system. Service on counsel of record will be
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`accomplished through the Court’s CM/ECF system.
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`I further certify that this electronic filing is an exact copy of the paper
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`document, that any privacy redactions have been made, and that this electronic
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`filing was scanned for, and found to be free of, viruses.
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`/s/ Ezekiel L. Hill
`Ezekiel L. Hill
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`Dated: April 12, 2023
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`Case: 22-11226 Document: 55 Page: 5 Date Filed: 04/12/2023
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`CERTIFICATE OF COMPLIANCE
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`I certify that the foregoing response complies with the type-volume
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`limitation of Fed. R. App. P. 27(d)(2) because it contains 179 words, excluding the
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`parts exempted by Fed. R. App. P. 32(f).
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`I further certify that the foregoing response complies with the typeface
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`requirements of Fed. R. App. P. 32(a)(5)(A) and the type-style requirements of
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`Fed. R. App. P. 32(a)(6) because it has been prepared in a proportionally spaced,
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`Roman-style, 14-point typeface.
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`/s/ Ezekiel L. Hill
`Ezekiel L. Hill
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`Dated: April 12, 2023
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