United States of America v. 475 Martin Lane, Beverly Hills, California
Plaintiff: United States of America and Seal
Defendant: 475 Martin Lane, Beverly Hills, California, Seal A and Does 1-50 inclusive
Claimant: Christopher Kim, Optional Capital Inc, DAS Corporation, Kyung Joon Kim, KJ Kim, Chris Kim, Bora Lee, Optional Ventures, Daebu Machinery Co Ltd, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim and Young Ai Kim
Intervenor Plaintiff: United Commericial Bank
Intervenor: Law Office of Eric Honig and Eric Honig
Case Number: 2:2004cv02788
Filed: April 21, 2004
Court: US District Court for the Central District of California
Presiding Judge: Paul L Abrams
Referring Judge: Percy Anderson
Nature of Suit: Forfeit/Penalty: Other
Cause of Action: 18 U.S.C. § 0981 Civil Forfeiture
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2022 Filing 1287 Mail Returned addressed to Dana Tykocinski re Order on Motion to Amend/Correct #1283 (rolm)
September 22, 2022 Filing 1286 Mail Returned addressed to Clifford P Jung re Order on Motion to Amend/Correct #1283 (rolm)
September 9, 2022 Filing 1285 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55832 assigned to Notice of Appeal to 9th Circuit Court of Appeals #1284 as to Claimant Optional Capital Inc. (aco)
September 1, 2022 Filing 1284 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Claimant Optional Capital Inc. Appeal of Order on Motion to Amend/Correct #1283 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33916942.) (Rogari, Ralph)
August 5, 2022 Opinion or Order Filing 1283 COURT ORDER (IN CHAMBERS) by Judge Percy Anderson. The Motion to Correct or Clarify Judgment #1270 is denied. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
August 4, 2022 Filing 1282 On the Courts own motion, the MOTION TO CORRECT OR CLARIFY JUDGMENT (ECF No. #1270 ) currently set for hearing on August 8, 2022 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
July 25, 2022 Filing 1281 REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Correct Judgment,,,,,,, #1187 #1270 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
July 21, 2022 Filing 1280 Mail Returned addressed to Clifford P Jung re Notice of Reassignment of Case Due to Unavailability of Judicial Officer (G-74) (DJ), #1274 (aco)
July 20, 2022 Filing 1279 Mail Returned addressed to Clifford P Jung re Initial Order upon Filing of Complaint, #1276 . (aco)
July 18, 2022 Filing 1278 OPPOSITION to NOTICE OF MOTION AND MOTION to Correct Judgment,,,,,,, #1187 #1270 filed by Respondent DAS Corporation. (Attachments: #1 Declaration of Prashanth Chennakesavan In Support of DAS Corporations Response to Optional Capital, Incs Motion to Correct or Clarify Judgment Pursuant to F.R.C.P. 60(A), #2 Exhibit A)(Chennakesavan, Prashanth)
July 8, 2022 Filing 1277 Mail Returned Undeliverable addressed to Clifford P Jung re Minutes of In Chambers Order/Directive - no proceeding held, #1275 (es)
June 29, 2022 Opinion or Order Filing 1276 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
June 29, 2022 Opinion or Order Filing 1275 MINUTES IN CHAMBERS -- COURT ORDER by Judge Percy Anderson. The Motion to Correct or Clarify Judgment filed by claimant Optional Capital, Inc. (Docket No. 1270) currently calendared for August 5, 2022 is continued to August 8, 2022, at 1:30 p.m. (aco)
June 29, 2022 Filing 1274 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Percy Anderson for all further proceedings. Case number will now read as 2:04-cv-02788 PA(PLAx). (rn)
June 27, 2022 Filing 1273 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Correct Judgment,,,,,,, #1187 #1270 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Rogari, Ralph)
June 27, 2022 Filing 1272 PROPOSED CORRECTED JUDGMENT re NOTICE OF MOTION AND MOTION to Correct Judgment,,,,,,, #1187 #1270 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 27, 2022 Filing 1271 DECLARATION of Ralph Rogari In support of NOTICE OF MOTION AND MOTION to Correct Judgment,,,,,,, #1187 #1270 and Exhibits 1 through 41 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit Exhibits 15-17, #2 Exhibit Exhibits 18-20, #3 Exhibit Exhibits 21-24, #4 Exhibit Exhibits 25-41)(Rogari, Ralph)
June 27, 2022 Filing 1270 NOTICE OF MOTION AND MOTION to Correct Judgment,,,,,,, #1187 filed by Claimant Optional Capital Inc. Motion set for hearing on 8/5/2022 at 01:30 PM before Judge Philip S. Gutierrez. (Rogari, Ralph)
February 11, 2022 Filing 1268 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #1264 , CCA # 19-55128. The judgment of this Court, entered November 19, 2021, and amended on February 3,2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [ USCA Memorandum #1266 AFFIRMED.](mat)
February 3, 2022 Opinion or Order Filing 1267 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #1264 filed by Optional Capital Inc. CCA # 19-55128. The opinion filed on November 19, 2021 and reported at 18 F.4th 1032 is amended by adding, at the end of the last paragraph of Section I(D) on page 1039, the following new sentence: On December 7, 2021, the state appellate court granted Optional's petition for rehearing. [See document for more details.](mat)
November 19, 2021 Filing 1266 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #1264 filed by Optional Capital Inc. CCA # 19-55128. The district court therefore properly concluded that DAS could not be held in contempt on this basis. In reaching this conclusion, we have not been called upon to address, and have not addressed, any question concerning whether thevarious orders that merged into the May 2013 judgment were or were not correct. As noted earlier, that judgment was never appealed, and no such issue is before us. AFFIRMED. (lom)
January 31, 2019 Filing 1265 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55128 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #1264 as to Claimant Optional Capital Inc. (shb)
January 26, 2019 Filing 1264 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Claimant Optional Capital Inc. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,, #1258 , Order on Motion for Reconsideration, #1263 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-23105001.) (Rogari, Ralph)
January 18, 2019 Opinion or Order Filing 1263 MINUTE ORDER DENYING MOTION FOR RECONSIDERATION (IN CHAMBERS) by Judge Virginia A. Phillips denying #1261 MOTION for Reconsideration: The Court has considered Optional's Motion and finds this matter appropriate for resolution without oral argument pursuant to Local Rule 7-15. The hearing set on February 25, 2019 at 2:00 p.m. is hereby VACATED. Accordingly, the Court DENIES the Motion for Reconsideration. (see document for further details) (bm)
January 17, 2019 Filing 1262 (IN CHAMBERS) SCHEDULING NOTICE: Hearing on MOTION for Reconsideration re Minutes of In Chambers Order/Directive #1261 Motion set for 2:000 PM, and not 8:30 am before Judge Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY
January 16, 2019 Filing 1261 Amended NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,, #1258 filed by Claimant Optional Capital Inc. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibit 1) (Rogari, Ralph)
January 16, 2019 Filing 1260 NOTICE OF ERRARATA AND WITHDRAWAL OF MOTION filed by Claimant Optional Capital Inc. (Rogari, Ralph)
January 15, 2019 Filing 1259 NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,, #1258 filed by Claimant Optional Capital Inc. Motion set for hearing on 2/25/2019 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibit 1) (Rogari, Ralph)
December 28, 2018 Opinion or Order Filing 1258 MINUTE ORDER DISCHARGING ORDER TO SHOW CAUSE (IN CHAMBERS) by Judge Virginia A. Phillips: For the foregoing reasons, the Court DISCHARGES the OSC issued on August 21, 2018, as DAS met its burden to show good cause why it should not be held in contempt and because Optional failed to meet its burden to show by clear and convincing evidence that DAS violated the Court's May 23, 2013 final Judgment. The Court DENIES the requests for attorneys fees and costs by DAS and Optional. (see document for further details) (bm)
December 17, 2018 Filing 1257 REPLY Support NOTICE OF MOTION AND MOTION for Issuance of Order To Show Cause #1244 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 3)(Rogari, Ralph)
December 17, 2018 Filing 1256 REPLY OSC RE Contempt NOTICE OF MOTION AND MOTION for Issuance of Order To Show Cause #1244 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 3)(Rogari, Ralph)
December 17, 2018 Filing 1255 OBJECTION TO DAS CORPORATION'S REQUEST FOR JUDICIAL NOTICE in support of re: NOTICE OF MOTION AND MOTION for Issuance of Order To Show Cause #1244 filed by Claimant Optional Capital Inc. (Lee, Mary)
December 3, 2018 Filing 1254 RESPONSE filed by Respondent DAS Corporationto Order on Motion for Issuance,,, #1248 (Attachments: #1 Request for Judicial Notice, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN, #42 Exhibit OO, #43 Exhibit PP, #44 Exhibit QQ)(Chennakesavan, Prashanth)
December 3, 2018 Filing 1253 NOTICE of Appearance filed by attorney James Mitchell Lee on behalf of Respondent DAS Corporation (Attorney James Mitchell Lee added to party DAS Corporation(pty:res))(Lee, James)
December 3, 2018 Filing 1252 NOTICE of Appearance filed by attorney Prashanth Chennakesavan on behalf of Respondent DAS Corporation (Attorney Prashanth Chennakesavan added to party DAS Corporation(pty:res))(Chennakesavan, Prashanth)
December 3, 2018 Filing 1251 NOTICE of Appearance filed by attorney Kevin B Kelly on behalf of Respondent DAS Corporation (Attorney Kevin B Kelly added to party DAS Corporation(pty:res))(Kelly, Kevin)
December 3, 2018 Filing 1250 NOTICE of Appearance filed by attorney Joedat H Tuffaha on behalf of Respondent DAS Corporation (Attorney Joedat H Tuffaha added to party DAS Corporation(pty:res))(Tuffaha, Joedat)
November 6, 2018 Filing 1249 PROOF OF SERVICE filed by Claimant Optional Capital Inc, re Order on Motion for Issuance,,, #1248 served on 10/10/2018. (Attachments: #1 Appendix 1, #2 Appendix 2)(Lee, Mary)
August 21, 2018 Opinion or Order Filing 1248 MINUTES re ORDER TO SHOW CAUSE (IN CHAMBERS) by Judge Virginia A. Phillips granting #1244 MOTION for Issuance: Pursuant to Federal Rules of Civil Procedure 70 and 71, the Court hereby GRANTS the Application. DAS is ordered to show cause in writing by no later than December 3, 2018 why it should not be held in contempt for failing to comply with the Court's May 23, 2013 final judgment. Optional shall file a reply thereto by no later than December 17, 2018. Optional and DAS are ordered to appear before the Court for a hearing on this matter on January 14, 2019 at 1:30 p.m. in Courtroom 8A of the First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Optional shall serve DAS with a copy of this Order and the Application by no later than November 2, 2018 and shall file a proof of such service by no later than November 9, 2018. (bm)
August 17, 2018 Opinion or Order Filing 1247 TEXT ONLY ORDER (IN CHAMBERS) by Judge Virginia A. Phillips: The hearing on the MOTION for Issuance of Order To Show Cause filed by Claimant Optional Capital Inc. Motion, set for 8/20/2018, at 10:00 AM, before Judge Audrey B. Collins, is hereby taken OFF-CALENDAR pending further order of the Court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
July 24, 2018 Filing 1246 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Address, #1245 . The following error(s) was/were found: No attorney's signature on form and bar number is incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
July 23, 2018 Filing 1245 NOTICE of Change of firm name and address by Ralph Rogari attorney for Claimant Optional Capital Inc. Changing firm name to Rogari Law Firm and address to 12400 Wilshire Blvd., Suite 400, Los Angeles, CA 90025. Filed by Claimant Optional Capital Inc. (Rogari, Ralph)
July 23, 2018 Filing 1244 NOTICE OF MOTION AND MOTION for Issuance of Order To Show Cause filed by Claimant Optional Capital Inc. Motion set for hearing on 8/20/2018 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
November 2, 2016 Filing 1243 MINUTES (IN CHAMBERS) GRANTING MOTION FOR ATTORNEY FEES by Judge Virginia A. Phillips granting #1242 MOTION for Attorney Fees: For the foregoing reasons, the Court GRANTS the Motion and awards Intervenors $22,350.00 in reasonable attorneys fees, for 29.8 hours of Honig's work at $750 per hour, incurred to bring and prevail on the motion for statutory interest and the instant Motion. (see document for further details) (bm)
August 19, 2016 Filing 1242 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Interveners Eric Honig, Law Office of Eric Honig. Motion set for hearing on 11/7/2016 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Exhibit, #2 Exhibit) (Honig, Eric)
August 9, 2016 Opinion or Order Filing 1241 MINUTES (IN CHAMBERS) ORDER GRANTING MOTION FOR PAYMENT OF STATUTORY INTEREST ON ATTORNEYS' FEES by Judge Virginia A. Phillips granting #1237 MOTION: For the foregoing reasons, the Motion is GRANTED. Pursuant to 28 U.S.C. 1961(a) and 28 U.S.C. 2465(b)(1), Plaintiff shall pay interest on the following orders entered in these consolidated proceedings from the date of entry and at the rate specified below until paid: September 21, 2010, $79,880.49,.26%; November 24, 2010, $190,770.01,.27%; July 31, 2012, $61,115.00,.17%; November 7, 2012, $79,880.49,.19%. Plaintiff shall make the above payments to Intervenors within thirty days of entry of this order. (see document for further details) (bm)
July 8, 2016 Filing 1240 REPLY in support of NOTICE OF MOTION AND MOTION for Order for payment of interest on money judgments #1237 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
June 30, 2016 Filing 1239 GOVERNMENTS OPPOSITION TO MOTION FOR PAYMENT OF STATUTORY INTEREST ON ATTORNEYS FEES re: NOTICE OF MOTION AND MOTION for Order for payment of interest on money judgments #1237 filed by Plaintiff United States of America. (Welk, Steven)
June 21, 2016 Opinion or Order Filing 1238 MINUTE ORDER IN CHAMBERS re: Motion for Payment of Statutory Interest on Attorney's Fees by Judge George H. King: The Court has received Interveners Law Office of Eric Honig, APLC, and Eric Honig's("Intervenors") "Motion for Payment of Statutory Interest on Attorney's Fees" ("Motion"), filed on June 16, 2016. We find this matter appropriate for resolution without oral argument pursuant to Local Rule 7-15 and we hereby VACATE the hearing currently set on July 14, 2016 at 10:00 a.m. Any opposition to the Motion shall be filed by July 1, 2016 and any reply thereto shall be filed by July 15, 2016. We will then take the matter under submission. (bm)
June 16, 2016 Filing 1237 NOTICE OF MOTION AND MOTION for Order for payment of interest on money judgments filed by interveners Eric Honig, Law Office of Eric Honig. Motion set for hearing on 7/14/2016 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order) (Honig, Eric)
December 10, 2015 Opinion or Order Filing 1236 ORDER by Judge George H. King, re Stipulation #1235 : Pursuant to the Stipulation to Distribut Attorney's Fees Resolving All Remaining Issues in this Case and for good cause showing: IT IS ORDERED that within 30 days of the entry of this Judgment, the Clerk of the Court shall distribute the remaining amounts on deposit in this case of $1,039,134.22 ($837,241.36 plus $201,892.86) plus any accrued interest thereon to the Law Office of Eric Honig and send payment to the following address: Law Office of Eric Honig, P.O. Box 10327, Marina del Rey, CA 90295. IT IS FURTHER ORDERED that within 30 days of the entry of this Judgment, the United States shall pay $259,798.35 from the Judgment Fund to the Law Office of Eric Honig to satisfy the remaining liabilities that arose from the Ninth Circuit in case number 07-55390 (document number 140), the Ninth Circuit in case number 08-55669 (document number 63) and the District Court (document 1081). (bm)
December 4, 2015 Filing 1235 STIPULATION for Order Distributing Attorneys Fees and Resolving All Remaining Issues in this Case filed by Plaintiff United States of America filed by Plaintiff United States of America. (Attachments: #1 Proposed Judgment)(Greene, Gavin)
November 30, 2015 Opinion or Order Filing 1234 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1061 filed by United States of America. CCA # 12-56922. The Opinion filed August 13, 2015, is amended as follows: [See document for all details] A certified copy of this order shall constitute the mandate of this court.(mat) Modified on 12/1/2015 (mat).
October 6, 2015 Opinion or Order Filing 1233 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #338 filed by United States of America, Notice of Appeal to 9th Circuit Court of Appeals, #339 filed by DAS Corporation, Notice of Appeal to 9th Circuit Court of Appeals, #380 filed by Bora Lee, Erica M Kim, Christopher Kim, Notice of Appeal to 9th Circuit Court of Appeals,, 400 filed by Optional Capital Inc. CCA # 07-55390, 07-55424, 07-55714, and 07-55872. In appeal numbers 12-56922, 13-55555, and 13-55556, the parties informedthe court on October 2, 2015 that they have resolved pursuant to a settlementagreement the questions remanded in United States v. Kim, 797 F.3d 696, 712-13(9th Cir. 2015). Within 14 days after the filing date of this order, the parties shall inform the court whether their settlement also resolves the outstanding questions regarding the government's payment of the Kim Claimants' attorneys' fees award in appeals numbers 07-55390, 07-55424, 07-55714, and 07-55872 and, if so, whether the court should take no further action regarding the governments payment of the fee award in these appeals. (mat)
October 6, 2015 Opinion or Order Filing 1232 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1109 filed by United States of America. CCA # 08-55669. In appeal numbers 12-56922, 13-55555, and 13-55556, the parties informed the court on October 2, 2015 that they have resolved pursuant to a settlement agreement the questions remanded in United States v. Kim, 797 F.3d 696, 712-13 (9th Cir. 2015). Within 14 days after the filing date of this order, the parties shall inform the court whether their settlement also resolves the outstanding questions regarding the government's payment of the Kim Claimants' attorneys' fees award in appeal number 08-55669 and, if so, whether the court should take no further action regarding the governments payment of the fee award in this appeal. (mat)
September 18, 2015 Opinion or Order Filing 1231 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #339 filed by DAS Corporation. CCA # 07-55390, 07-55424, 07-55714, 07-55872. The court granted the parties' motion and allowed filing of a petition for rehearing or rehearing en banc on or before November 11, 2015. Accordingly, the government's payment of the Kim Claimants' attorney's fees in these appeal numbers 07-55390, 07-55424, 07-55714, and 07-55872 is further stayed pending a final determination of the priority of Honig's attorney's liens and the government's tax liens pursuant to the remand in United States v. Kim, ___ F.3d ___, 2015 WL 4758354, at *13 (9th Cir. Aug. 13, 2015), or theparties' resolution of the matter, whichever occurs first. [See document for all details] (mat)
September 9, 2015 Opinion or Order Filing 1230 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1108 filed by United States of America, Notice of Appeal to 9th Circuit Court of Appeals #1109 filed by United States of America, Notice of Appeal to 9th Circuit Court of Appeals #1061 filed by United States of America. CCA # 12-56922, 13-55555, 13-55556. Appellees Joint Motion for an Extension of Time to Petition for Rehearing and/or Rehearing En Banc is GRANTED. (mat)
August 13, 2015 Filing 1229 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1108 filed by United States of America, Notice of Appeal to 9th Circuit Court of Appeals #1109 filed by United States of America, Notice of Appeal to 9th Circuit Court of Appeals #1061 filed by United States of America. CCA # 12-56922, 13-55555, 13-55556. In light of our conclusion that the Anti-Assignment Act applies to an award of attorneys fees under CAFRA, we vacate the district courts post-judgment orders awarding additional fees and remand for further proceedings. The parties are to bear their own costs on appeal. VACATED AND REMANDED. (car)
June 25, 2015 Filing 1228 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 026 & 020 Bulky files returned to the Central Court Los Angeles. (rsm)
May 4, 2015 Filing 1227 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #1217 CCA # 13-56823. The judgment of the 9th Circuit Court, entered March 10, 2015, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA MEMORANDUM #1226 AFFIRMED] (mat)
March 10, 2015 Filing 1226 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1217 filed by Optional Capital Inc. CCA # 13-56823. (mat)
March 5, 2015 Filing 1225 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 13-56832 Record consists of 026 volume and 012 Bulky documents located and forwarded to Pocatello, ID. (rsm)
April 30, 2014 Opinion or Order Filing 1224 ORDER AUTHORIZING DISCLOSURE OF A SEALED SETTLEMENT TRANSCRIPT by Judge Audrey B. Collins: granting #1219 Motion for Order; Considering the request by non-party East West Bancorp, Inc., East WestBank, and East West Investments, Inc. (collectively "EWB") for an order authorizing the court report to disclose to EWB a copy of the sealed transcript of May 1, 2013 ("Transcript") for a limited purpose: IT IS ORDERED that non-party EWBs counsel Kim Zeldin of Liner, LLP, may obtain from the court reporter a copy of the May 1, 2013 Transcript in United States of America vs. Real Property Located at 475 Martin Lane, Beverly Hills, CA, et al., Case No. CV 04-2788 ("District Court Action"). IT IS FURTHER ORDERED that the Transcript is deemed confidential andmay only be used subject to the following orders to ensure its continuingconfidentiality:1. EWB may use the Transcript and the information contained therein,and any summaries, copies, abstracts, or other documents derived in whole or in part from the Transcript only in connection with the pending action Optional Capital,Inc. v. East West Bancorp, Inc., et al., Case No. BC516032 in the Los AngelesSuperior Court ("Superior Court Action"), and for no other purpose. 2. The parties to the Superior Court Action may only disclose the Transcript to the Los Angeles Superior Court and, subject to this Order, the qualified persons designated below: (a) a party to the Superior Court Action; (b) experts or consultants retained by such party (or the party's counsel) toassist in the prosecution, defense, or settlement of the Superior Court Action;(c) court reporter(s) employed in the Superior Court Action; and (d) a witness at any deposition or other proceeding in the Superior Court Action......Except as may be provided for in any other agreements between theparties, upon final termination of the Superior Court Action, EWB shall destroy theTranscript including all copies and all materials substantively containing summaries or information derived there from with the exception that counsel may retain in their files an archival copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence (including e-mails) or attorney work product, even if such material incorporates the Transcript, in whole or in part. Any such archival copies that contain or constitute the Transcript shall remain subject to this Order. At the request of any party, EWB shall provide written certification of compliance. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) RE: granting #1219 Motion to Unseal Document Bench Trial - Held and Continued, #1164 (lw)
April 22, 2014 Filing 1223 NOTICE OF NO OPPOSITION re MOTION for Order Authorizing Disclosure of a Sealed Settlement Transcript MOTION to Unseal Document #1219 filed by Miscellaneous East West Bank. (Tykocinski, Dana)
April 21, 2014 Filing 1222 RESPONSE filed by Miscellaneous East West Bankto Status Report #1221 (Attachments: #1 Exhibit A)(Tykocinski, Dana)
April 15, 2014 Filing 1221 STATUS REPORT RE: EAST WEST BANK'S MOTION (DOC. NO. 1219) filed by Claimant Optional Capital Inc. (Lee, Mary)
April 14, 2014 Filing 1220 NOTICE OF ERRATA filed by Miscellaneous East West Bank. correcting MOTION for Order Authorizing Disclosure of a Sealed Settlement Transcript MOTION to Unseal Document #1219 (Attachments: #1 Exhibit J)(Tykocinski, Dana)
April 14, 2014 Filing 1219 NOTICE OF MOTION AND MOTION for Order Authorizing Disclosure of a Sealed Settlement Transcript, MOTION to Unseal Document filed by Non-Party East West Bank. Motion set for hearing on 5/12/2014 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration of Kim Zeldin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proposed Order)(Attorney Dana Tykocinski added to party East West Bank(pty:misc))(Tykocinski, Dana)
October 23, 2013 Filing 1218 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56823, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #1217 as to Claimant Optional Capital Inc. (car)
October 22, 2013 Filing 1217 NOTICE OF APPEAL to the 9th CCA filed by Claimant Optional Capital Inc. Appeal of Order on Motion for Attorney Fees,, #1216 (Appeal fee of $455 receipt number 0973-12874110 paid.) (Rogari, Ralph)
October 16, 2013 Opinion or Order Filing 1216 MINUTES (IN CHAMBERS): ORDER DENYING MOTION FOR ATTORNEYS' FEES by Judge Audrey B. Collins: Pending before the Court is a Motion for Attorneys' Fees ("Motion," docket no. 1191) filed by Claimant Optional Capital, Inc. ("Optional"). The Government filed an Opposition and Optional filed a Reply. The Court took the Motion under submission. For the following reasons, the Court DENIES the Motion. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) RE: denying #1191 Motion for Attorney Fees (lw)
September 11, 2013 Filing 1215 PROCESS RECEIPT AND RETURN (USM-285) returned executed, Execute Judgment, upon Real Property Located At 475 Martin Lane, Et Al. (Consolidated Matter) on 9/4/13. Remarks: Returned $34,000.00 plus $1,337.79 Interest (04-FBI-002724) on 8/7/13. (bm)
August 8, 2013 Opinion or Order Filing 1214 MINUTES (IN CHAMBERS): ORDER TAKING MOTION UNDER SUBMISSION by Judge Audrey B. Collins: Pending before the Court is Optional Capital, Inc.'s Motion for Attorney's Fees ("Motion," docket no.1191). The Court finds the Motion appropriate for resolution without oral argument and therefore VACATES the hearing set for August 12, 2013. See Fed.R.Civ.P.78, Local Rule 7-15. The Motion is now UNDER SUBMISSION. (bp)
July 30, 2013 Filing 1213 REPLY In support of MOTION for Attorney Fees #1191 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
July 22, 2013 Filing 1211 DECLARATION of of AUSA Gavin L. Greene IN SUPPORT OF GOVERNMENTS OPPOSITION TO OPTIONAL CAPITAL, INC.S MOTION FOR AWARD OF ATTORNEYS FEES AGAINST UNITED STATES OF AMERICA; EXHIBIT MOTION for Attorney Fees #1191 filed by Plaintiff United States of America. (Attachments: #1 Exhibit 26)(Welk, Steven)
July 22, 2013 Filing 1210 DECLARATION of AUSA Monica E. Tait IN SUPPORT OF GOVERNMENTS OPPOSITION TO OPTIONAL CAPITAL, INC.S MOTION FOR AWARD OF ATTORNEYS FEES AGAINST UNITED STATES OF AMERICA; EXHIBITS MOTION for Attorney Fees #1191 filed by Plaintiff United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Welk, Steven)
July 22, 2013 Filing 1209 GOVERNMENTS OPPOSITION TO OPTIONAL CAPITAL, INC.S MOTION FOR AWARD OF ATTORNEYS FEES AGAINST UNITED STATES OF AMERICA; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT re: MOTION for Attorney Fees #1191 filed by Plaintiff United States of America. (Welk, Steven)
July 17, 2013 Filing 1212 PROCESS RECEIPT AND RETURN (USM-285): RELEASED VEHICLE TO CLAIMANTS ON 07/10/13. (bp)
July 12, 2013 Filing 1208 PROCESS RECEIPT AND RETURN (USM-285) of Judgment, #1188 , returned executed upon Eric Honig on 6/26/2013. Remarks: Execute Judgment - 2002 Mercedes Benz S500 Vehicle Released to Owner on 6/26/13 c/o Atty. Eric Honig. (lw)
July 8, 2013 Filing 1207 NOTICE OF CLERICAL ERROR: Due to clerical error Re: USM-285 Service of non-complaint documents - Executed #1205 , #1206 were named and dropped for docketing under CV 05-3910 ABC(PLAx), however clerk erroneously misread the pdf and docketed under CV 04-2788 ABC(PLAx) in error. (lc)
July 3, 2013 Filing 1206 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon vehicles (see list) Remarks: Vehicles released to Optional Captial c/o Attorney Ralph Rogari on 6/20/13. (lc)
July 3, 2013 Filing 1205 PROCESS RECEIPT AND RETURN (USM-285) returned executed re vehicles (see list). Remarks: Vehicles released to Optional Capital c/o attorney Ralph Rogari on 6/20/13. (lc) Modified on 7/8/2013 (lc).
July 3, 2013 Filing 1204 PROCESS RECEIPT AND RETURN (USM-285) returned unexecuted for re miscellaneous furniture executed. Remarks: All items released to Attorney Ralph Rogari on 6/20/13 per 5/23/13 oder; chandeliers relased to attorney Ralph Rogari by FBI on 6/20/13. (lc) Modified on 7/8/2013 (lc).
July 3, 2013 Filing 1203 PROCESS RECEIPT AND RETURN (USM-285) returned executed Judgment. Remarks: All items released to Attorney Ralph rogari on 6/20/2013 per Court Order dated 5/23/2013. Chandeliers released to Attorney Ralph Rogari by FBI on 6/20/2013. (jp)
June 28, 2013 Opinion or Order Filing 1202 ORDER GRANTING REQUEST TO OBTAIN COPY OF TRANSCRIPT FILED UNDER SEAL by Judge Audrey B. Collins, re #1200 , IT IS ORDERED that the Kim Claimants' counsel Eric Honig may obtain from the court reporter a copy of the May 2, 2013 court transcript of the parties' statement of the settlement terms in this action; IT IS FURTHER ORDERED that the transcript shall not be shown to anyone other than Claimants Christopher Kim, Bora Lee, Erica Kim, Se Young Kim, Young Ai Kim, Alexandria Investment, LLC, First Stephora Avenue, Inc., and/or Optional Capital, Inc., intervenors the Law Office of Eric Honig and Eric Honig, and their counsel, and if the transcript is needed as an exhibit to a court pleading, it shall be filed with an accompanying motion to seal. (lw)
June 27, 2013 Filing 1201 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #1200 . The following error(s) was found: Incorrect event selected. The correct event is: Requests UNDER Motions and Related Filings. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
June 26, 2013 Filing 1200 Request to Obtain Under Seal Court Transcript (Attachments: #1 Proposed Order)(Honig, Eric)
June 21, 2013 Opinion or Order Filing 1199 SUPPLEMENTAL DISBURSEMENT ORDER by Judge Audrey B. Collins: The District Court, having retained jurisdiction for the purpose of ensuring compliance with its judgment, HEREBY ORDERS: (1) That the United States Court Clerk shall forthwith release $2,557,240.40 to Optional Capital, Inc., through its counsel of record, Ralph Rogari, and that all released currency shall include all accrued interest. (2) That any check(s) for the return of the defendant currency or accrued interest are to be made payable to Rehm and Rogari client trust fund, 12121 Wilshire Blvd., Suite 600, Los Angeles, CA 90025. (bm)
June 20, 2013 Opinion or Order Filing 1198 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #1061 filed by United States of America, Notice of Appeal to 9th Circuit Court of Appeals #1109 filed by United States of America CCA # 12-56922,12-56934,13-55555,13-55556. Appellant Optional Captital, Inc's motion under Federal Rule of Appellate Procedure 42(b) for voluntary dismissal of No. 12-56934 is granted. The briefing schedule for consolidate Nos 12-56922,13-55555, 13-55556 has been set. See the order for the rest of the details. Order received in this district on 6/20/2013. (dmap)
June 18, 2013 Opinion or Order Filing 1197 ORDER by Judge Audrey B. Collins, re Stipulation to Continue, #1195 , IT IS ORDERED that for the hearing date for the Motion by Optional Capital, Inc. for Award of Prevailing Party Attorney Fees Against United States of America (Motion), document number 1191, is continued from July 22, 2013 to August 12, 2013 at 10:00a.m.( Motion continued for hearing on 8/12/2013 at 10:00 AM before Judge Audrey B. Collins.) (lw)
June 17, 2013 Filing 1196 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment 1: Proposed Order #1192 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order missing signature page. The court notes that counsel has withdrawn and correctly re-filed the document (document 1194). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 17, 2013 Filing 1195 STIPULATION to Continue the Hearing Date for the Motion Requesting an Award of Attorney's Fees to August 12, 2013 filed by United States of America. (Attachments: #1 Proposed Order Continuing the Hearing Date for the Motion Requesting an Award of Attorney's Fees to August 12, 2013)(Tait, Monica)
June 14, 2013 Filing 1194 NOTICE OF LODGING filed re Judgment,,,,,,, #1187 (Attachments: #1 Proposed Order)(Rogari, Ralph)
June 14, 2013 Filing 1193 Notice of Withdrawal of Notice of Lodging #1192 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 14, 2013 Filing 1192 NOTICE OF LODGING filed re Judgment,,,,,,, #1187 (Attachments: #1 Proposed Order)(Rogari, Ralph)
June 6, 2013 Filing 1191 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Claimant Optional Capital Inc. Motion set for hearing on 7/22/2013 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1 to Rogari dec, #2 Exhibit 2 to Rogari dec, #3 Exhibit 3 to Rogari dec, #4 Exhibit 4 to Rogari dec, #5 Exhibit 5 to Rogari dec, #6 Exhibit 6 to Rogari dec, #7 Declaration Joanna Rehm Declaration, #8 Declaration Hwan Yang Declaration)(Rogari, Ralph)
June 5, 2013 Opinion or Order Filing 1190 MINUTE ORDER IN CHAMBERS DISCHARGING OSC by Judge Audrey B. Collins: The Court has reviewed the Government's Response (docket no. 1186) to the Court's Order to Show Cause (docket no. 1182), and hereby VACATES the Order to Show Cause. (bm)
May 23, 2013 Opinion or Order Filing 1189 MINUTE ORDER RE: EAST WEST BANKS MOTION FOR AN ORDER MODIFYING PRELIMINARY INJUNCTION MOTION by Judge Audrey B. Collins re REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction #1118 : Pending before the Court is lienholder East West Bank's ("EWB") Motion for an Order Modifying Preliminary Injunction (docket no. 1118). Optional Capital, Inc., ("Optional") filed an Opposition and EWB filed a Reply. Thereafter, the Motion was under submission. EWB seeks an order vacating the preliminary injunction that the Court issued on July 18, 2011. See docket no. 804. In that Order, the Court enjoined EWB from undertaking a trustee sale of the property at 924 N. Beverly Drive, Beverly Hills, California; that property was part of the res subject to this Court's jurisdiction. The purpose of enjoining EWB's contemplated trustee sale was to ensure that the res remained intact pending the adjudication of the competing claims. The competing claims were, in fact, adjudicated when the Court issued its Findings of Fact and Conclusions of Law on May 17, 2013, following the Court trial. See docket no. 1183. In addition, concurrent with this order, the Court is issuing certain judgments that, together, constitute a final judgment in the case. Accordingly, the case will be closed, so the preliminary injunction's purpose has been fulfilled and it may be vacated. However, the Court need not vacate the preliminary injunction because upon the issuance of the judgments, the preliminary injunction necessarily dissolves. As such, EWB's Motion is moot and is denied on that basis. To the extent there is any doubt as to whether the July 18, 2011 preliminary injunction survives the issuance of the judgments, the Court ORDERS that the preliminary injunction is hereby dissolved. (Made JS-6. Case Terminated.) (bm)
May 23, 2013 Filing 1188 FINAL JUDGMENT RELEASING AND RETURNING CERTAIN DEFENDANT PROPERTIES TO CLAIMANTS SE YOUNG KIM AND YOUNGAI KIM by Judge Audrey B. Collins:IT IS ORDERED that the following defendant properties shall be released and returned to claimants Se Young Kim and Young Ai Kim, through their counsel of record Eric Honig, forthwith: 1. $174,315.16 seized from Wilshire State Bank Account no. 3219380 in the name of Se Young Kim, presently in the custody of the United States District Court, including all accrued interest thereon; 2. A 2004 Mercedes Benz CL 500, presently in the custody of the United States Marshals Service; and 3. A Mercedes Benz S500, presently in the custody of the United States Marshal's Service. IT IS FURTHER ORDERED that the Clerk of Court shall release and return the above funds by check payable to Se Young Kim and Young Ai Kim; IT IS FURTHER ORDERED that the United States shall forthwith execute and filed with the Department of Motor Vehicles a withdrawal of the lien it placed on the defendant Mercedes Benz S500 (currently in the possession of claimant Se Young Kim, pursuant to the courts November 13, 2007 order releasing custody of the vehicle to him), and any other documents necessary to terminate any interest of the United States in said vehicle; IT IS FURTHER ORDERED that Se Young Kim and Young Ai Kim shall not be liable for any costs incurred for the storage or maintenance of the Mercedes Benz vehicles during the pendency of these proceedings, or any other costs incurred by any of the parties to this action relating to the seizure, storage or maintenance of the vehicles. IT IS FURTHER ORDERED that the Court hereby retains jurisdiction over this action for the purpose of ensuring prompt and complete compliance with this Judgment by the Clerk of Court, the USMS and the parties. (bm)
May 23, 2013 Filing 1187 FINAL JUDGMENT BY THE COURT WITHOUT A JURY; JUDGMENT BY THE COURT WITHOUT A JURY by Judge Audrey B. Collins, in favor of Optional Capital Inc against 475 Martin Lane, Beverly Hills, California: On April 30, 2013 through May 1, 2013, the claims of Claimant, Optional Capital Inc., to properties in each of the above consolidated actions were tried by the Honorable Audrey B. Collins, United States District Court Judge, without a jury. Optional Capital, Inc. claimed to be the owner of each of the following defendant properties: Case number CV-04-2788: (1) $2,957,240.40 (plus interest), representing the proceeds from the sale of real property located at 475 Martin Lane, Beverly Hills, CA.; With respect to the claims of Optional Capital, Inc., IT IS HEREBY FOUND, ADJUDICATED and DECREED that Optional Capital, Inc. was and is, the owner of each of the following defendant properties: Case number CV-04-2788: (1) $2,957,240.40 (plus interest), representing the proceeds from the sale of real property located at 475 Martin Lane, Beverly Hills, CA. IT IS HEREBY FURTHER ORDERED that each of the above properties shall be released forthwith to Optional Capital, Inc., through its counsel of record, Ralph Rogari, and that all released currency shall include all accrued interest. IT IS HEREBY FURTHER ORDERED that any check(s) for the return of the defendant currency or accrued interest are to be made payable to Rehm & Rogari client trust fund, 12121 Wilshire Blvd., Suite 600, Los Angeles, CA 90025. IT IS FURTHER ORDERED that the Court hereby retains jurisdiction over this action for the purpose of ensuring prompt and complete compliance with this Judgment by the Clerk of Court, the United States Marshall Service and the parties. (bm)
May 23, 2013 Filing 1186 REPLY filed by Plaintiff United States of America to Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,, #1182 (Greene, Gavin)
May 20, 2013 Filing 1185 REPLY in support REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction #1118 ; Reply to Response by Optional Capital, Inc. #1172 to Motion for an Order Modifying Preliminary Injunction filed by Intervenor Plaintiff United Commericial Bank. (Attachments: #1 Exhibit A)(Jung, Curtis)
May 20, 2013 Filing 1184 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice that No Objection has been filed #1179 . The following error(s) was found: Incorrect event selected. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
May 17, 2013 Filing 1183 FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Audrey B. Collins. (bm)
May 17, 2013 Opinion or Order Filing 1182 MINUTE ORDER IN CHAMBERS RE: (1) GOVERNMENT'S OBJECTIONS TO OPTIONAL CAPITAL'S PROPOSED ORDERS (2) ORDER TO SHOW CAUSE by Judge Audrey B. Collins: The Government's Objections to Optional's proposed orders and its Proposed Findings of Fact and Conclusions of Law and Proposed Judgment (docket nos. 1171 and 1173) are improper for multiple reasons. The Court therefore STRIKES them. The Court also ORDERS the Government to Show Cause by Friday May 24, 2013 why it should not pay Optional Capitals attorneys fees incurred to respond to its improper submissions. (see document for further details) (bm)
May 17, 2013 Opinion or Order Filing 1181 MINUTE ORDER IN CHAMBERS RE: EAST WEST BANK'S OBJECTIONS TO OPTIONAL CAPITAL'S PROPOSED ORDERS by Judge Audrey B. Collins: EWB's Objections to Optional's proposed orders (docket no. 1168) and its Proposed Findings of Fact and Proposed Judgment (docket no. 1169) are improper for multiple reasons. The Court therefore STRIKES them. (see document for further details) (bm)
May 17, 2013 Filing 1180 RESPONSE filed by Plaintiff United States of Americato Amended Document (Non-Motion) #1176 (Greene, Gavin)
May 17, 2013 Filing 1179 otice of no objection filed to proposed judgment filed by Claimants Se Young Kim, Young Ai Kim re: Notice (Other) #1161 , Notice of Lodging #1162 (Honig, Eric)
May 14, 2013 Filing 1178 Documents 1175, 1176 accepted as e-filed by A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
May 14, 2013 Filing 1177 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection and Request to Strike #1175 , Amended Objection and Request to Strike #1176 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text does not match caption of attached document and no proposed orders attached. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
May 13, 2013 Filing 1176 AMENDED DOCUMENT filed by Claimant Optional Capital Inc. Amendment to Objections - non-motion #1174 , Objections - non-motion #1171 (Rogari, Ralph)
May 13, 2013 Filing 1175 OBJECTIONS to Amended Document (Non-Motion), #1170 , Notice of Lodging, #1169 , Objections - non-motion, #1168 to Objections filed by East West Bank to Judgment Proposed by Optional filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 13, 2013 Filing 1174 OBJECTIONS to Objections - non-motion #1171 file by Goverment to Judgment Proposed by Optional filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 13, 2013 Filing 1173 NOTICE OF ERRATA filed by Plaintiff United States of America. correcting Order on Motion for Partial Summary Judgment, Order on Motion for Summary Adjudication,,,,,, #867 (Attachments: #1 Amended Proposed Judgment)(Greene, Gavin) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/17/13, DOCUMENT #1181 . Modified on 5/17/2013 (bm).
May 13, 2013 Filing 1172 OPPOSITION to East West Bank's Motion for Order Modifying Preliminary Injunction filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1)(Lee, Mary)
May 10, 2013 Filing 1171 OBJECTIONS to Notice of Lodging #1166 and OPPOSITION filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Findings of Fact and Conclusions of Law, #2 Proposed Order Judgment)(Greene, Gavin) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/17/13, DOCUMENT #1181 . Modified on 5/17/2013 (bm).
May 9, 2013 Filing 1170 AMENDED DOCUMENT filed by Intervenor Plaintiff United Commericial Bank. Amendment to Notice of Lodging, #1169 of Proposed Judgment and Proposed Findings of Fact and Conclusions of Law (Attachments: #1 Proposed Order Proposed Judgment, #2 Proposed Order Proposed Findings of Fact and Conclusions of Law)(Jung, Curtis)
May 9, 2013 Filing 1169 NOTICE OF LODGING filed by Claimant and Intervenor East West Bank re Objections - non-motion, #1168 (Attachments: #1 Proposed Order Proposed Judgment, #2 Proposed Order Proposed Findings of Fact and Conclusions of Law)(Jung, Curtis) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/17/13, DOCUMENT #1181 . Modified on 5/17/2013 (bm).
May 9, 2013 Filing 1168 OBJECTIONS to Notice of Lodging #1166 and PROPOSED JUDGMENT FILED AND THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW BY OPTIONAL CAPITAL, INC. (CLERKS DOCUMENT NO. 1166-1 AND NO. 1166-2) filed by Intervenor Plaintiff United Commericial Bank. (Attachments: #1 Declaration Carl R. Knudson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Jung, Curtis) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/17/13, DOCUMENT #1181 . Modified on 5/17/2013 (bm).
May 6, 2013 Filing 1167 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal #1161 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Withdrawal (Document or Motion). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
May 3, 2013 Filing 1166 NOTICE OF LODGING filed May 3, 2012 re Bench Trial - Held and Continued, #1164 (Attachments: #1 Proposed Order Findings of fact, #2 Proposed Order Final Judgment)(Rogari, Ralph)
May 3, 2013 Filing 1165 Notice of Withdrawal of Notice of Lodging #1157 filed by claimant Optional Capital Inc. (Rogari, Ralph)
May 3, 2013 Filing 1162 NOTICE OF LODGING filed re Notice (Other) #1161 (Attachments: #1 Proposed Order)(Honig, Eric)
May 3, 2013 Filing 1161 NOTICE filed by Claimant Optional Capital Inc. of Withdrawal of claims to properties claimed by Se Young Kim and Young Ai Kim (Rogari, Ralph)
May 3, 2013 Filing 1160 NOTICE OF LODGING filed re Notice of Lodging #1157 (Attachments: #1 Proposed Order)(Honig, Eric)
May 3, 2013 Filing 1159 Notice of Withdrawal of Order on Motion for Partial Summary Judgment, Order on Motion for Summary Adjudication,,,,,, #867 filed by interveners Eric Honig, Law Office of Eric Honig. (Honig, Eric)
May 3, 2013 Filing 1158 WITHDRAWAL of filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Bora Lee. (Honig, Eric)
May 2, 2013 Filing 1157 NOTICE OF LODGING filed Proposed Judgment re Pretrial Conference Order - Final #1150 (Attachments: #1 Proposed Order Proposed Judgment)(Rogari, Ralph)
May 2, 2013 Filing 1156 Notice of Withdrawal of Notice of Lodging #1154 , Notice of Lodging #1155 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 1, 2013 Filing 1164 MINUTES OF Court Trial (2nd day )held before Judge Audrey B. Collins: Witnesses called, sworn and testified. Exhibits identified and admitted. Optional Claimant's rest. Filed Witness and Exhibit Lists. Proposed Findings, Conclusions of Law and Judgment to be prepared Optional Claimants. Settlement reached as to Kim Claimants and placed on the record under seal. Other: Court heard additional testimony presented by optional. Court Reporter: Katherine Stride. (bm)
May 1, 2013 Filing 1155 NOTICE OF LODGING filed May 1, 2013, Amended re Notice of Lodging #1154 (Attachments: #1 Proposed Order, #2 Proposed Order)(Rogari, Ralph)
May 1, 2013 Filing 1154 NOTICE OF LODGING filed Judgment re Pretrial Conference Order - Final #1150 (Attachments: #1 Proposed Order, #2 Proposed Order)(Rogari, Ralph)
April 30, 2013 Filing 1163 MINUTES OF COURT TRIAL (1st Day) held before Judge Audrey B. Collins: Opening statements made. Witneses called, sworn and testified. Exhibits identified and admitted. Bench Trial continued to 5/1/2013 at 9:00 AM. Court Reporter: Katherine Stride. (bm)
April 30, 2013 Filing 1153 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Final Pretrial Conference Order #1151 , Filed Date: 4/22/13. Other: Final Pretrial Conference Order was already docketed to the case as document #1150 . Please disregard this duplicate filing. (bm)
April 29, 2013 Opinion or Order Filing 1152 MINUTE ORDER IN CHAMBERS re OPTIONAL'S MOTION TO EXCLUDE KARL KNUDSON by Judge Audrey B. Collins re Motion #1140 : For all of the foregoing reasons, the Motion is DENIED. (see document for further details) (bm)
April 29, 2013 Filing 1149 STATUS REPORT filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
April 29, 2013 Filing 1148 OBJECTIONS to Trial Brief #1145 of Optional Capital filed in violation of Local Rules filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
April 29, 2013 Filing 1147 Pursuant to the rules of the Court mandatory chambers copies are to include the PDF header which includes the following: case number, Judge's initials, date which document was e-filed, the number of the document, the number of pages of the document, and also the notice of electronic filing should be attached in the back of each document by A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
April 29, 2013 Filing 1146 Counsel to adhere to the rules and procedures of the Court when lodging documents. Lodged documents to be done by the Civil Intake window located at room G-19 in the Spring Street Court. Documents were received improperly on 4/29/13. Counsel to follow all procedures of the Court or be subjected to sanctions by A. Bridges, Court Clerk to Judge Audrey B. Collins.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
April 29, 2013 Filing 1145 TRIAL BRIEF Re: Tracing filed by Claimant Optional Capital Inc.. (Rogari, Ralph)
April 29, 2013 Filing 1144 NOTICE OF LODGING filed of deposition transcripts re Pretrial Conference - Final,,,, #1142 (Rogari, Ralph)
April 26, 2013 Filing 1143 OPPOSITION to motion to exclude expert filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
April 25, 2013 Filing 1141 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Exclude Testimony #1140 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Motions-Order. Other error(s) with document(s): Docket entry text does not indicate noticed motion hearing date. Motion hearing date of April 30, 2013 indicated is incorrect and untimely. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
April 24, 2013 Filing 1140 RESPONSE IN SUPPORT Motion to exclude Testimony From Karl Knudson filed by Claimant Optional Capital Inc. (Rogari, Ralph)
April 24, 2013 Filing 1139 NOTICE OF LODGING filed re Notice of Lodging Proposed Pretrial Order #1126 , Memorandum of Contentions of Fact and Law #1116 (Attachments: #1 Proposed Order)(Rogari, Ralph)
April 23, 2013 Filing 1138 NOTICE OF LODGING filed re Trial Brief #1137 (Attachments: #1 Proposed Order)(Honig, Eric)
April 22, 2013 Opinion or Order Filing 1151 FINAL PRETRIAL CONFERENCE ORDER approved by Judge Audrey B. Collins: NOTE: CHANGES MADE BY THE COURT. Pretrial Conference: DATE: April 22, 2013 TIME: 10:00 A.M. Trial: DATE: April 30, 2013 TIME: 9:00 a.m. (bm)
April 22, 2013 Opinion or Order Filing 1150 FINAL PRETRIAL CONFERENCE ORDER approved by Judge Audrey B. Collins: NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT. Pretrial Conference: DATE: April 22, 2013, TIME: 10:00 A.M. Trial: DATE: April 30, 2013, TIME: 9:00 a.m. (bm)
April 22, 2013 Filing 1142 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Audrey B. Collins: Case called. Counsel makes appearances. Court discuss all papers received. Court and counsel confer regarding transfer of Mr. Kim. The Court having heard from counsel, declines to continue the matter. Court and counsel discuss witnesses that will be presented at trial as well as deposition transcripts. Court and counsel discuss certain issues that may be offered into evidence at the trial. The Court will make a minor change in the final pretrial conference order. Court and counsel engage in colloquy as to reports received. Counsel ORDERED to submit the report to the Court. Counsel further ORDERED to submit to the Court no later than Wednesday, April 24, 2013 any further motion to exclude, any written response will be due by Friday, April 26, 2013 by noon. Any back up exhibits in support to be submitted by Friday, April 26, 2013 by 12:00 noon. Court and counsel discuss how trial will be conducted. The Court will allow parties five (5) hours each to present case. The Court will contact counsel as to the status of jury trial that will commence on April 23, 2013. Court Reporter: Katherine Stride. (bm)
April 21, 2013 Filing 1137 TRIAL BRIEF filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee.. (Honig, Eric)
April 19, 2013 Filing 1136 United States' Friend of the Court Brief to Clarify the Final Pretrial Conference Order filed by Plaintiff United States of America re: Order on Request for Leave, #1135 (Greene, Gavin)
April 18, 2013 Filing 1134 OBJECTIONS to Response in Support of Motion, #1131 filed by Claimant Optional Capital Inc. (Lee, Mary)
April 18, 2013 Filing 1133 OBJECTIONS to Status Report #1132 filed by Claimant Optional Capital Inc. (Lee, Mary)
April 17, 2013 Filing 1132 STATUS REPORT filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
April 17, 2013 Filing 1131 RESPONSE IN SUPPORT of REQUEST for Leave to Granting Leave th United States to File Friend of the Court Brief to Clarify the Final Pretrial Conference Order #1129 filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
April 16, 2013 Opinion or Order Filing 1135 ORDER GRANTING LEAVE the United States to File Friend of the Court Brief to Clarify the Final Pretrial Conference Order #1129 by Judge Audrey B. Collins: IT IS ORDERED that the United States is granted leave to file a Friend of theCourt brief to clarify the Final Pretrial Conference Order consistent with its request for leave. (lw)
April 16, 2013 Filing 1130 OPPOSITION to REQUEST for Leave to Granting Leave th United States to File Friend of the Court Brief to Clarify the Final Pretrial Conference Order #1129 filed by Claimant Optional Capital Inc. (Lee, Mary)
April 15, 2013 Filing 1129 REQUEST for Leave to Granting Leave th United States to File Friend of the Court Brief to Clarify the Final Pretrial Conference Order filed by Plaintiff United States of America. Request set for hearing on 4/22/2013 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order Granting Leave the United States to File Friend of the Court Brief to Clarify the Final Pretrial Conference Order)(Greene, Gavin)
April 12, 2013 Opinion or Order Filing 1128 MINUTE ORDER (IN CHAMBERS) STATUS REPORT by Judge Audrey B. Collins: On October 19, 2012, the Court continued the trial until after the Republic of Korea's presidential election. The purpose of the continuance was to allow the Korean authorities to respond to Christopher Kim's request to be transferred to the United States once the election was over. The Kim Claimants last filed a status report on Christopher Kims transfer request on February 25, 2013. The Court hereby ORDERS the Kim Claimants to file an additional status report on this issue by Wednesday, April 17, 2013. (lw)
April 11, 2013 Filing 1126 NOTICE OF LODGING Proposed Pretrial Conference Order Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Proposed Order)(Honig, Eric)
April 11, 2013 Filing 1125 REPLY in support of REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction #1118 filed by Plaintiff United States of America. (Greene, Gavin)
April 10, 2013 Opinion or Order Filing 1127 MINUTES (IN CHAMBERS): ORDER RE: EAST WEST BANK'S REQUEST FOR LEAVE TO FILE MOTION by Judge Audrey B. Collins: Pending before the Court is lienholder East West Bank's ("WEB") Request for Leave to File Motion for an Order Modifying Preliminary Injunction (docket no. 1118). Although the Court GRANTS EWB leave to file its Motion, the Court will not require any further briefing to be filed until after the trial concludes. As such, the Court sets the following briefing schedule: Opposition to the Motion must be filed no later than May 13, 2013. EWB's Reply is due May 20, 2013. (bp)
April 10, 2013 Filing 1124 NOTICE OF LODGING filed Proposed Order re REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction #1118 (Attachments: #1 Proposed Order Granting East West Bank's Request for Leave to File Motion for an Order Modifying Preliminary Injunction)(Jung, Curtis)
April 5, 2013 Filing 1122 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit, #3 Letter, #4 Exhibit)(Honig, Eric)
April 5, 2013 Filing 1121 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Leave to File Motion #1118 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Request. A stand-alone proposed order can be e-filed by submitting a Notice of Lodging, with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
April 4, 2013 Filing 1269 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 13-55555 assigned to Notice of Appeal to 9th Circuit Court of Appeals #1108 as to plaintiff United States of America. [Late docketing due to clerk error.] (mat)
April 4, 2013 Filing 1123 NOTIFICATION by Circuit Court of Appellate Docket Number 13-55556, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #1109 as to Plaintiff United States of America. (mat)
April 4, 2013 Filing 1120 OPPOSITION to REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction #1118 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1 TO 5)(Lee, Mary)
April 3, 2013 Filing 1119 REQUEST FOR JUDICIAL NOTICE re REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction #1118 filed by Lienholder United Commericial Bank. (Jung, Curtis)
April 3, 2013 Filing 1118 REQUEST for Leave to to File Motion for an Order Modifying Preliminary Injunction filed by Lienholder United Commericial Bank. (Jung, Curtis)
April 1, 2013 Filing 1116 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Claimant Optional Capital Inc. (Rogari, Ralph)
April 1, 2013 Filing 1115 Witness List filed by Claimant Optional Capital Inc.. (Lee, Mary)
April 1, 2013 Filing 1114 JOINT Exhibit List filed by Claimant Optional Capital Inc.. (Lee, Mary)
April 1, 2013 Filing 1113 MEMORANDUM of CONTENTIONS of FACT and LAW filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
April 1, 2013 Filing 1112 Witness List filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee.. (Honig, Eric)
March 29, 2013 Opinion or Order Filing 1117 ORDER Staying Distribution of Attorney's Fees by Judge Audrey B. Collins, re Stipulation #1107 : Pursuant to the Stipulation to Stay Distribution of Certain Attorney's Fees Pending Appeal, and for good cause showing: IT IS ORDERED that the November 13, 2012 award of attorney's fees in the amount of $39,062.50 (document number 1086) and the March 15, 2013 award of attorney's fees of $8,187.50 (document number 1106) shall be stayed pending resolution of the appeal of the Order Granting Joint Motion for Attorneys' Fees(document number 1086), Judgment Awarding Attorneys Fees (document number 1087), and Order Denying Government's Rule 60(b) Motion (document number 1106). (bm)
March 28, 2013 Filing 1111 NOTICE that No Transcript of District Court Proceedings Will Be Ordered filed by Plaintiff United States of America. (Greene, Gavin)
March 28, 2013 Filing 1110 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #1108 , Notice of Appeal to 9th Circuit Court of Appeals #1109 . (Greene, Gavin)
March 28, 2013 Filing 1109 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff United States of America. Appeal of Order on Motion for Relief #1106 (Appeal fee FEE WAIVED.) (Greene, Gavin)
March 28, 2013 Filing 1108 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff United States of America. Appeal of Order on Motion for Attorney Fees,,,, #1086 , Judgment,, #1087 (Appeal fee FEE WAIVED.) (Greene, Gavin)
March 28, 2013 Filing 1107 STIPULATION for Order to Stay Distribution of Attorney's Fees Pending Appeal filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Staying Distribution of Attorney's Fees)(Greene, Gavin)
March 15, 2013 Opinion or Order Filing 1106 MINUTES (IN CHAMBERS): ORDER DENYING GOVERNMENT'S RULE 60(B) MOTION by Judge Audrey B. Collins: The Court DENIES the Motion. #1089 (bp)
March 8, 2013 Filing 1105 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
February 26, 2013 Filing 1104 NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: MINUTE ORDER IN CHAMBERS re KIM CLAIMANTS' MOTION IN LIMINE #1103 , Filed Date: 2/25/13. Other: Document is a duplicate of document #1102 already docketed to the case. (bm)
February 25, 2013 Opinion or Order Filing 1103 MINUTE ORDER IN CHAMBERS re KIM CLAIMANTS' MOTION IN LIMINE by Judge Audrey B. Collins: For the foregoing reasons, the Court ORDERS that no party may present at trial evidence not produced in discovery. The Court DENIES the Kim Claimants' Motion in Limine in all other respects. (see document for further details) (bm)
February 25, 2013 Opinion or Order Filing 1102 MINUTES (IN CHAMBERS) ORDER re KIM CLAIMANTS' MOTION IN LIMINE by Judge Audrey B. Collins denying #1035 Motion: For the foregoing reasons, the Court ORDERS that no party may present at trial evidence not produced in discovery. The Court DENIES the Kim Claimants' Motion in Limine in all other respects. (see document for further details) (bm)
February 25, 2013 Filing 1101 STATUS REPORT filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
February 14, 2013 Opinion or Order Filing 1100 MINUTE ORDER IN CHAMBERS re STATUS REPORT by Judge Audrey B. Collins: On October 19, 2012, the Court continued the trial in until after the Republic of Korea's presidential election. The purpose of the continuance was to allow the Korean authorities to respond to Christopher Kim's request to be transferred to the United States once the election was over. The election took place in December 2012. As such, the Court hereby ORDERS the Kim Claimants to file a status report informing the Court of the status of Christopher Kim's transfer request. The Status Report is due Monday, February 25, 2013. (bm)
February 1, 2013 Filing 1098 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
January 23, 2013 Filing 1099 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #909 , CCA # 12-55417. The Judgment of the district court is Affirmed. Mandate received in this district on 1/23/13. (car)
January 11, 2013 Filing 1097 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
December 21, 2012 Filing 1096 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
December 13, 2012 Opinion or Order Filing 1095 MINUTES (IN CHAMBERS) ORDER TAKING MOTION UNDER SUBMISSION by Judge Audrey B. Collins taking under submission #1089 Motion for Relief: Pending before the Court is the Government's Rule 60 Motion, docket no. 1089. The Court finds the Motion appropriate for resolution without oral argument and therefore VACATES the hearing set for December 17, 2012. See Fed. R. Civ. P. 78, Local Rule 7-15. The Motion is now UNDER SUBMISSION. (bm)
December 3, 2012 Filing 1094 REPLY in support MOTION for Relief from from the Order Granting Joint Motion for Attorneys' Fees re Order on Motion for Attorney Fees,,,, #1086 MOTION for Relief from from the Order Granting Joint Motion for Attorneys' Fees re Order on Motion for Attorney Fees,,,, #1086 #1089 filed by Plaintiff United States of America. (Greene, Gavin)
November 30, 2012 Filing 1093 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
November 23, 2012 Filing 1091 OPPOSITION to MOTION for Relief from from the Order Granting Joint Motion for Attorneys' Fees re Order on Motion for Attorney Fees,,,, #1086 MOTION for Relief from from the Order Granting Joint Motion for Attorneys' Fees re Order on Motion for Attorney Fees,,,, #1086 #1089 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Proposed Order)(Honig, Eric)
November 21, 2012 Opinion or Order Filing 1092 ORDER Staying Judgment Awarding Attorney Fees Pending United States' Motion for Relief from the Order Granting Joint Motion for Attorneys' Fees by Judge Audrey B. Collins, re Stipulation #1090 : Pursuant to the Stipulation to Stay Distribution of Certain Attorney's Fees Pending Appeal, and for good cause showing: IT IS ORDERED that the Judgment Awarding Attorney Fees (Document number 1087) entered on November 13, 2012 is stayed pending the resolution of the United States' Motion for Relief from the Order Granting Joint Motion for Attorneys' Fees. (bm)
November 19, 2012 Filing 1090 STIPULATION for Order Staying Judgment Awarding Attorney Fees Pending United States' Motion for Relief from the Order Granting Joint Motion for Attorneys' Fees filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Staying Judgment Awarding Attorney Fees Pending United States' Motion for Relief from the Order Granting Joint Motion for Attorneys' Fees)(Greene, Gavin)
November 16, 2012 Filing 1089 NOTICE OF MOTION AND MOTION for Relief from from the Order Granting Joint Motion for Attorneys' Fees re Order on Motion for Attorney Fees,,,, #1086 filed by Plaintiff United States of America. Motion set for hearing on 12/17/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Stipulation to Allow the United States to file a Motion for Relief from the Order Granting Joint Motion for Attorneys' Fees)(Greene, Gavin)
November 16, 2012 Filing 1088 PROOF OF SERVICE filed by claimant Christopher Kim, re Minutes of In Chambers Order/Directive - no proceeding held,, #1084 served on 11/15/2012. (Honig, Eric)
November 14, 2012 Filing 1085 STIPULATION for Extension of Time to File Opposition, Reply, and Hearing Dates for the Motion for Attorney Fees filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Changing the Opposition, Reply, and Hearing Dates for the Motion for Attorney Fees)(Greene, Gavin)
November 14, 2012 Filing 1083 NOTICE OF LODGING filed re MOTION for Attorney Fees #1053 (Attachments: #1 Proposed Order)(Honig, Eric)
November 13, 2012 Filing 1087 JUDGMENT AWARDING ATTORNEY FEES by Judge Audrey B. Collins: Considering the joint motion of Claimants Christopher Kim, Erica Kim, Bora Lee, Se Young Kim, and Young Ai Kim and Intervenors Law Office of Eric Honig and Eric Honig for attorney fees, IT IS ORDERED that the motion is granted; IT IS FURTHER ORDERED that the United States shall pay $39,062.50 in attorney fees directly to the Law Office of Eric Honig, within 14 days from the entry of this judgment. Related to: MOTION for Attorney Fees #1053 . (bm)
November 13, 2012 Opinion or Order Filing 1086 MINUTES (IN CHAMBERS) ORDER GRANTING JOINT MOTION FOR ATTORNEYS' FEES by Judge Audrey B. Collins granting #1053 Motion for Attorney Fees: In addition, the Court has reviewed the Motion and finds it appropriate to award the requested fees. Movants were the prevailing parties in the fee litigation and therefore, under 28 U.S.C. 2465(b)(1)(A), they are entitled to the fees reasonably incurred for that work. The fee request of $39,062.50 is appropriate because Counsel's hourly rate of $625 is reasonable for an attorney of his caliber in the Los Angeles market, the tasks counsel performed as reflected in Exhibit A were necessary, and the time incurred (62.5 hours) was reasonable for these tasks. The Court finds nothing objectionable in any of counsel's time entries. The Court declines to award additional fees based on the Kerr factors. The Court therefore GRANTS the Motion for fees and will adopt the Movants' proposed Order, which will be issued herewith. (see document for further details) (bm)
November 13, 2012 Opinion or Order Filing 1084 MINUTE ORDER IN CHAMBERS ORDER RE: UNDER SEAL LETTER by Judge Audrey B. Collins: The Court therefore will maintain the letter as under seal, but ORDERS the Kim Claimants to disclose the letter to counsel for Optional forthwith. However, the disclosure of this letter to Optional is subject to the following conditions; Optional and its attorneys shall not disclose the letter or its contents to any other person or entity, including the media; if Optional attempts to file any document referring to the contents of the letter, that document shall be filed under seal. The OSC is hereby DISCHARGED. (bp)
November 9, 2012 Filing 1082 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
November 7, 2012 Filing 1081 AMENDED JUDGMENT RE: INTERVENTION ATTORNEY'S FEES (AMENDING DOCKET NO. 702) by Judge Audrey B. Collins, Related to: Stipulation to Amend/Correct, #1079 . (bm)
October 30, 2012 Filing 1079 STIPULATION to Amend Judgment Re: Intervention Attorney's Fees (Amending Docket No. 702) filed by Plaintiff United States of America. (Attachments: #1 [Proposed] Amended Judgment Re: Intervention Attorney's Fees (Amending Docket No. 702))(Tait, Monica)
October 29, 2012 Opinion or Order Filing 1080 ORDER from 9th CCA filed, CCA # 12-56922, 12-56934. Appellant's emergency motion to stay the district court's 10/5/12, Order Re: Motion to Determine Ownership of Fees (district court docket #1036), and 10/19/12, Amended Order Distributing Some of the Awards of Attorney's Fees to Eric Honig (district court docket #1066), pending appeal is denied. Order received in this district on 10/29/12. (car)
October 25, 2012 Opinion or Order Filing 1078 MINUTES (IN CHAMBERS) ORDER TAKING MOTION UNDER SUBMISSION by Judge Audrey B. Collins taking under submission #1035 Motion for Hearing: Pending before the Court is the Kim Claimants' Motion in Limine, docket no. 1035. Briefing on the Motion is now complete. The Court finds the Motion appropriate for resolution without oral argument and therefore VACATES the hearing set for November 5, 2012. See Fed. R. Civ. P. 78, Local Rule 7-15. The Motion is now UNDER SUBMISSION. (bm)
October 24, 2012 Filing 1077 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #1048 (Attachments: #1 Exhibit 1)(Rogari, Ralph)
October 24, 2012 Filing 1076 Counsel notified that document 1048 is not complete on the Court's docket and must be e-filed properly included all pages by A. Bridges, Court Clerk for Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
October 23, 2012 Filing 1075 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #1061 . (Greene, Gavin)
October 22, 2012 Filing 1074 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56934 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #1061 as to Plaintiff United States of America. (dmap)
October 22, 2012 Filing 1073 STATUS REPORT BETWEEN UNITED STATES AS PLAINTIFF AND INTERVENORS LAW OFFICES OF ERIC HONIG AND ERIC HONIG REGARDING DOCUMENT 702; EXHIBIT A filed by Plaintiff United States of America. (Attachments: #1 Exhibit A)(Tait, Monica)
October 22, 2012 Filing 1072 REPLY in support of MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , #1035 filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
October 20, 2012 Filing 1071 NOTICE OF APPEAL to the 9th CCA filed by Claimant Optional Capital Inc. Appeal of Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 , Order #1066 (Appeal fee of $455 receipt number 0973-11136354 paid.) (Lee, Mary)
October 19, 2012 Filing 1070 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56922 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #1061 as to Plaintif United States of America. (dmap)
October 19, 2012 Opinion or Order Filing 1069 MINUTES (IN CHAMBERS) ORDER RE: KIM CLAIMANTS' MOTION FOR A STAY OR CONTINUANCE by Judge Audrey B. Collins granting in part and denying in part #1033 Motion to Stay Case: Pending before the Court is the Kim Claimants' Motion for a Stay or Continuance of Trial ("Motion," docket no. 1033), filed on October 1, 2012. Optional Capital, Inc., filed an Opposition on October 15, 2012. The Kim Claimants filed an Objection and Request to Strike Optional's Opposition. The Court finds the Motion appropriate for resolution without oral argument and therefore VACATES the hearing set for October 29, 2012. See Fed. R. Civ. P. 78, Local Rule 7-15. The Court hereby DENIES the Motion for a Stay, but GRANTS the Motion for a Continuance. The deadline for filing Motions in Limine has already passed, and this continuance does not reset that deadline, except, however, as to matters that arise for the first time between now and the time of trial. The Court therefore CONTINUES the trial to Tuesday, April 30, 2013, at 8:30 a.m. The Final Pretrial Conference is CONTINUED to Monday April 22, 2013, at 10:00 a.m. (see document for further details) (bm)
October 19, 2012 Opinion or Order Filing 1068 MINUTES (IN CHAMBERS) ORDER RE: OPTIONAL CAPITAL'S OBJECTION AND EX PARTE APPLICATION by Judge Audrey B. Collins: denying #1059 Ex Parte Application: The Court OVERRULES Optional's October 17 objection to the Court's fee award. The Court also DENIES the Application. Optional's Objection and the stated bases for its Application are meritless. To ensure that motion practice is not further abused between now and the time of trial, the Court orders as follows: The Court ORDERS that, from now until the trial begins, the parties are PROHIBITED from filing any regularly noticed motion, ex parte application, or other opposed request for relief without express leave of Court to do so. Leave is not required only for matters that are undisputed and jointly requested by way of stipulation. (see document for further details) (bm)
October 19, 2012 Opinion or Order Filing 1067 ORDER Staying Distribution of Certain Attorney's Fees by Judge Audrey B. Collins, re Stipulation #1060 (see document for further details) (bm)
October 19, 2012 Opinion or Order Filing 1066 AMENDED ORDER Distributing Some of the Awards of Attorney's Fees to Eric Honig by Judge Audrey B. Collins: AMENDS 10/5/2012 ORDER, DOCKET #1037 . (see document for further details) (bm)
October 19, 2012 Filing 1065 OBJECTION in opposition to re: EX PARTE APPLICATION for Preliminary Injunction re staying distribution of attorneys fees to Eric Honig.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 #1059 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
October 19, 2012 Filing 1064 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
October 19, 2012 Filing 1063 RESPONSE IN SUPPORT of EX PARTE APPLICATION for Preliminary Injunction re staying distribution of attorneys fees to Eric Honig.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 #1059 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
October 18, 2012 Filing 1062 OPPOSITION to EX PARTE APPLICATION for Preliminary Injunction re staying distribution of attorneys fees to Eric Honig.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 #1059 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
October 18, 2012 Filing 1061 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff United States of America. Appeal of Order on Motion for Attorney Fees,,,,,,,, #1036 (Appeal fee FEE WAIVED.) (Greene, Gavin)
October 18, 2012 Filing 1060 STIPULATION for Order Stay Distribution of Certain Attorney's Fees filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Staying Distribution of Certain Attorney's Fees)(Greene, Gavin)
October 18, 2012 Filing 1059 EX PARTE APPLICATION for Preliminary Injunction re staying distribution of attorneys fees to Eric Honig.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need immediate judicial review, please call 213-894-2485 to advise that a Preliminary Injunction has been electronically filed. Failure to call the courtroom deputy, or the after hours filing contact number, may result in a delay of judicial review. Ex Parte Application, EX PARTE APPLICATION to Stay pending Appeal in case 12-55417 and appeal of order made 10/5/12 re: Order,, #1037 , Order on Motion for Attorney Fees,,,,,,,, #1036 filed by Claimant Optional Capital Inc. (Attachments: #1 Proposed Order)(Rogari, Ralph)
October 17, 2012 Filing 1058 RESPONSE filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Leeto Objections - non-motion #1057 (Attachments: #1 Proposed Order)(Honig, Eric)
October 17, 2012 Filing 1057 OBJECTIONS to Notice of Lodging #1049 proposed Order filed by Claimant Optional Capital Inc. (Rogari, Ralph)
October 16, 2012 Opinion or Order Filing 1056 MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. After review of the pre-settlement conference submissions of the parties and claimants in this matter, the Court has determined that a further settlement conference would not prove productive. Accordingly, the settlement conference set for October 18, 2012, is hereby VACATED. (ch)
October 16, 2012 Filing 1055 Document 1040 accepted as e-filed by A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
October 16, 2012 Filing 1054 NOTICE OF LODGING filed re MOTION for Attorney Fees #1053 (Attachments: #1 Proposed Order)(Honig, Eric)
October 16, 2012 Filing 1053 NOTICE OF MOTION AND MOTION for Attorney Fees filed by claimants and intervenors Eric Honig, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Law Office of Eric Honig, Bora Lee. Motion set for hearing on 11/19/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit)(Honig, Eric)
October 16, 2012 Filing 1052 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is STRICKEN. Motion Hearing date scheduled, November 12, 2012, is a court holiday. RE: MOTION for Attorney Fees #1038 (lw)
October 16, 2012 Filing 1051 JOINT Exhibit List filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee.. (Honig, Eric)
October 16, 2012 Filing 1050 objection and request to strike in support of re: MOTION to Stay Case pending 9th Circuit interlocutory appeal #1033 filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Proposed Order)(Honig, Eric)
October 16, 2012 Filing 1049 NOTICE OF LODGING filed re Order,, #1037 (Attachments: #1 Proposed Order (Amended) Distributing Some of the Awards of Attorney's Fess to Eric Honig)(Greene, Gavin)
October 15, 2012 Filing 1048 Opposition Opposition re: MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , #1035 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rogari, Ralph)
October 15, 2012 Filing 1047 MEMORANDUM of CONTENTIONS of FACT and LAW filed by claimant Optional Capital Inc. (Rogari, Ralph)
October 15, 2012 Filing 1046 Witness List filed by Claimant Optional Capital Inc.. (Lee, Mary)
October 15, 2012 Filing 1045 TRIAL Exhibit List filed by Claimant Optional Capital Inc.. (Lee, Mary)
October 15, 2012 Filing 1044 OPPOSITION to MOTION to Stay Case pending 9th Circuit interlocutory appeal #1033 filed by Claimant Optional Capital Inc. (Lee, Mary)
October 15, 2012 Filing 1043 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Attorney Fees #1038 , Notice of Errata #1040 . The following error(s) was found: Incorrect event selected. Hearing information is missing, incorrect, or not timely. The correct event is: Miscellaneous Filings (Non-Motion)-Errata. Other error(s) with document(s): Motion is noticed for a hearing date that is closed on the court's calendar (court holiday) #1038 . Docket entry text does not match caption of attached document #1040 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
October 14, 2012 Filing 1042 Witness List filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee.. (Honig, Eric)
October 14, 2012 Filing 1041 MEMORANDUM of CONTENTIONS of FACT and LAW filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
October 14, 2012 Filing 1040 NOTICE filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
October 14, 2012 Filing 1039 NOTICE of no opposition filed to motion to stay or continue trial filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
October 14, 2012 Filing 1038 NOTICE OF MOTION AND MOTION for Attorney Fees filed by claimants and intervenors Eric Honig, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Law Office of Eric Honig, Bora Lee. Motion set for hearing on 11/12/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Proposed Order)(Honig, Eric) *** DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 10-16-2012, DOC #1052*** Modified on 10/16/2012 (lw).
October 8, 2012 Filing 1035 NOTICE OF MOTION AND MOTION for Hearing motion in limine, re Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 , filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. Motion set for hearing on 11/5/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Proposed Order)(Honig, Eric)
October 5, 2012 Opinion or Order Filing 1037 ORDER Distributing Some of the Awards of Attorney's Fees to Eric Honig by Judge Audrey B. Collins, re Stipulation for Disbursement of Funds #1020 : IT IS ORDERED that the United States shall pay to Eric Honig $71,967.14 (representing the amounts awarded by the Ninth Circuit for docket numbers 0755390 and 0855669) not later than 90 days after the date that the proposed Order lodged concurrently herewith is entered. IT IS FURTHER ORDERED that within 14 days after the entry of the accompanying proposed order, the Clerk of the Court shall pay the following amounts to Eric Honig from the awards of attorney's fees on deposit with it: (see document for further details). (bm)
October 5, 2012 Opinion or Order Filing 1036 ORDER RE: MOTION TO DETERMINE OWNERSHIP OF FEES by Judge Audrey B. Collins granting #1008 Motion for Attorney Fees: For the foregoing reasons, the Court finds that the Kim Claimants' assignment of their attorneys' fee awards to Eric Honig and the Law Office of Eric Honig was effective. The attorneys' fees that the Government has been ordered to pay the Kim Claimants therefore "belong" to Eric Honig and the Law Office of Eric Honig. In addition, the Law Office's attorney's lien over those fee awards has superpriority over the Government's tax liens against the Kim Claimants. For these reasons, the fees are to be paid directly to the Law Office. The Court therefore ORDERS that the following attorneys' fees awards to the Kim Claimants shall be paid directly to the Law Office of Eric Honig: 1. The March 19, 2008 fee award in the amount of $1,172,137.90, which the United States deposited with the Clerk of Court per the Court's Order (docket no. 679), including all accrued interest thereon, shall be paid by the Clerk of Court to the Law Office of Eric Honig forthwith; 2. The January 25, 2010 fee award in the amount of $282,650, which the United States deposited with the Clerk of Court per the Court's order (docket no. 144 in CV 05-3910-ABC), including all accrued interest thereon, shall be paid by the Clerk of Court to the Law Office of Eric Honig forthwith; 3. The November 24, 2010 fee award the Ninth Circuit awarded in the amount of $190,770 against the United States shall be paid by the United States directly to the Law Office of Eric Honig forthwith; 4. The July 31, 2012 fee award the Ninth Circuit awarded in the amount of $61,115 against the United States shall be paid by the United States directly to the Law Office of Eric Honig forthwith. The Government and the Law Office are ORDERED to meet and confer concerning payment of the remainder of the intervention fee award. They are also ORDERED to file, within fourteen (14) days of the issuance of this Order, the above-described Joint Report. (see document for further details) (bm)
October 1, 2012 Filing 1034 NOTICE OF LODGING filed re MOTION to Stay Case pending 9th Circuit interlocutory appeal #1033 (Attachments: #1 Proposed Order)(Honig, Eric)
October 1, 2012 Filing 1033 NOTICE OF MOTION AND MOTION to Stay Case pending 9th Circuit interlocutory appeal filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. Motion set for hearing on 10/29/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Honig, Eric)
September 28, 2012 Filing 1032 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
September 26, 2012 Opinion or Order Filing 1031 MINUTES (IN CHAMBERS) ORDER TAKING MOTION UNDER SUBMISSION by Judge Audrey B. Collins taking under submission #1008 Motion for Attorney Fees: Pending before the Court is a Motion to Determine Ownership of Attorney Fee Awards, jointly filed by the Kim Claimants, the Law Office of Eric Honig, and Eric Honig on August 30, 2012. The Court finds this matter appropriate for resolution without oral argument and therefore VACATES the hearing set for October 1, 2012. See Fed. R. Civ. P. 78, Local Rule 7-15. The Motion is now UNDER SUBMISSION. (bm)
September 21, 2012 Filing 1030 RESPONSE filed by Claimant Christopher Kimto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,, #1023 (Honig, Eric)
September 21, 2012 Filing 1029 NOTICE OF LODGING filed re Objections - non-motion #1026 , Objection/Opposition (Motion related) #1017 , Objections - non-motion #1024 (Attachments: #1 Proposed Order)(Honig, Eric)
September 21, 2012 Filing 1028 EXHIBIT Filed filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. as to Reply (non-motion) #1025 , Stipulation for Disbursement of Funds #1020 . (Attachments: #1 Exhibit)(Honig, Eric)
September 21, 2012 Filing 1027 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply and Request to Strike Judgment #1025 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text does not indicate caption of attached document. Proposed order was not submitted as a separate, additional attachment to the Reply and Request. A stand-alone proposed order can be submitted by e-filing a Notice of Lodging with the separate, additional attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
September 20, 2012 Filing 1026 OBJECTIONS to Reply (non-motion) #1025 , Stipulation for Disbursement of Funds #1020 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
September 20, 2012 Filing 1025 REPLY filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee to Stipulation for Disbursement of Funds #1020 , Objections - non-motion #1024 (Honig, Eric)
September 20, 2012 Filing 1024 OBJECTIONS to Stipulation for Disbursement of Funds #1020 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
September 18, 2012 Opinion or Order Filing 1023 MINUTE ORDER IN CHAMBERS RE: (1) DISCHARGING SEPTEMBER 9, 2012 OSC TO OPTIONAL, AND (2) ISSUING OSC TO THE KIM CLAIMANTS by Judge Audrey B. Collins: The Court has reviewed attorney Ralph Rogari's Response to the Court's September 6, 2012 Order to Show Cause. The Court is satisfied with the Response and hereby DISCHARGES that OSC. The Court has further reviewed the Kim Claimants' Under Seal Application and the Letter that was sealed based thereon. See docket nos. 1003-1005. The Court hereby ORDERS the Kim Claimants to show cause why the Application and Letter should remain sealed. The Response must be filed by Friday, September 21, 2012, at 12:00 noon. (bm)
September 17, 2012 Filing 1022 REPLY in support of MOTION for Attorney Fees #1008 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
September 17, 2012 Filing 1021 REPLY in support of MOTION for Attorney Fees #1008 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Exhibit)(Honig, Eric)
September 17, 2012 Filing 1020 STIPULATION for Disbursement of Funds to Eric Honig filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Distributing Some of the Awards of Attorney's Fees to Eric Honig)(Greene, Gavin)
September 14, 2012 Filing 1019 RESPONSE filed by Claimant Optional Capital Inc to court order 9-6-12 (Attachments: #1 Exhibit 1)(Rogari, Ralph)
September 12, 2012 Opinion or Order Filing 1018 MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. A further settlement conference is set for Thursday, October 18, 2012, at 8:30 a.m. NO LATER THAN MONDAY, OCTOBER 15, 2012, each party is ordered to fax to chambers a supplement (not to exceed four pages) concerning any changed circumstances in this action and the status of settlement negotiations since the last settlement conference, as well as the party's good faith opinion of terms that can result in the global resolution of this litigation. (ch)
September 10, 2012 Filing 1017 Opposition in opposition to re: MOTION for Attorney Fees #1008 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
September 10, 2012 Opinion or Order Filing 1016 MINUTES: RE: SETTLEMENT (In Chambers): At the July 16, 2012 Scheduling Conference, the parties indicated their willingness to participate in further settlement discussions before Magistrate Judge Abrams once the Court issued its Order concerning the nature of the trial and the burdens of proof. The Court has issued that Order and has denied the Kim Claimants' Request to Certify for Interlocutory Review. With these issued resolved for trial, the parties are ORDERED to meet and confer and promptly contact Magistrate Judge Abrams's chambers to schedule another settlement conference IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
September 10, 2012 Filing 1015 OPPOSITION to MOTION for Attorney Fees #1008 filed by Plaintiff United States of America. (Greene, Gavin)
September 6, 2012 Opinion or Order Filing 1014 MINUTES (IN CHAMBERS) ORDER RE: (1) KIM CLAIMANTS' EX PARTE APPLICATION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND TO STAY ; AND (2) OSC TO OPTIONAL by Judge Audrey B. Collins denying #1010 Ex Parte Application: For the foregoing reasons, the ex parte application is DENIED. The Court is very troubled by Optional's insinuation in its opposition concerning improper communications between the Kim Claimants and the Court. See Opp'n 2:28-3:2. The Court cannot allow such assertions to linger unexplained. The Court ORDERS Optional to explain the basis for its apparent disparagement of the Court. Optional's Response is due no later than Friday, September 14, 2012. The Court is also discouraged by Optional's apparent return to its past practice of relying on hyperbolic and frankly irrelevant and distracting arguments and characterizations, as manifest in the Opposition. It suffices to say that such tactics do not make for legally persuasive arguments. The Court urges Optional to resume presenting the quality work it had been submitting just prior to this Opposition. (see document for further details) (bm)
September 6, 2012 Filing 1013 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
September 5, 2012 Filing 1012 REPLY in support of EX PARTE APPLICATION to AMEND re Order, #1007 #1010 filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Exhibit)(Honig, Eric)
September 4, 2012 Filing 1011 Opposition in opposition to re: EX PARTE APPLICATION to AMEND re Order, #1007 #1010 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
August 30, 2012 Filing 1010 EX PARTE APPLICATION to AMEND re Order, #1007 filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Proposed Order)(Honig, Eric)
August 30, 2012 Filing 1009 STIPULATED FACTS RE MOTION TO DETERMINE OWNERSHIP OF ATTORNEY FEE AWARDS re MOTION for Attorney Fees #1008 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
August 30, 2012 Filing 1008 NOTICE OF MOTION AND MOTION for Attorney Fees filed by claimants and intervenors Eric Honig, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Law Office of Eric Honig, Bora Lee. Motion set for hearing on 10/1/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Proposed Order)(Honig, Eric)
August 22, 2012 Opinion or Order Filing 1006 MINUTE ORDER IN CHAMBERS RE: ATTORNEYS' FEES MOTION by Judge Audrey B. Collins: The Court has reviewed the Joint Report submitted by the Kim Claimants, the Law Office of Eric Honig, and the Government. The Court hereby sets the following briefing schedule for the Kim Claimants' and Law Office's joint motion: Motion due filed by September 3, 2012; Opposition due September 10, 2012; Reply due September 17, 2012; Hearing date: October 1, 2012, at 10:00 a.m. (bm)
August 21, 2012 Filing 1002 OBJECTIONS to Notice of Under Seal Filing #1001 filed by Claimant Optional Capital Inc. (Lee, Mary)
August 20, 2012 Opinion or Order Filing 1007 ORDER RE: NATURE OF TRIAL AND BURDEN OF PROOF by Judge Audrey B. Collins: For the foregoing reason, the Court finds that Optional is not entitled to a jury trial. The Claimants' competing claims will therefore be adjudicated by trial to the Court. Finally, Optional must prove its entitlement to a constructive trust over the properties by a preponderance of the evidence. (see document for further details) (bm)
August 20, 2012 Filing 1005 SEALED DOCUMENT- Letter Dated 7/30/12 (mat)
August 20, 2012 Filing 1004 SEALED DOCUMENT- ORDER Granting Application to File Letter Under Seal. (mat)
August 20, 2012 Filing 1003 SEALED DOCUMENT- APPLICATION to File Letter Under Seal. (mat)
August 20, 2012 Filing 1001 NOTICE of Under Seal Filing filed Christopher Kim (Honig, Eric)
August 20, 2012 Filing 1000 STATUS REPORT filed by Claimant Christopher Kim. (Honig, Eric)
August 17, 2012 Filing 998 RECORD ON APPEAL sent to Circuit Court re: Appeal number 12-55417. The record consists of 26 volumes, and 14 bulky documents, document number: BO196, 197, 200, 218, 232, 289, 303, 304, 528, 549, 550, 551, 552, & 553 re Notice of Appeal to 9th Circuit Court of Appeals #909 . (dmap) (Main Document 998 replaced on 2/2/2015) (mat).
August 15, 2012 Filing 999 APPEAL RECORD sealed documents sent to Circuit Court re: Appeal number 12-55417. Eight documents were sent with this transmittal. Document numbers SO121, 93, 262, 263, 260, 62, 285, & 298. (dmap)
August 15, 2012 Filing 997 STATUS REPORT of July 12 and 31, 2012 Ninth Circuit Orders filed by Plaintiff United States of America. (Greene, Gavin)
August 13, 2012 Filing 996 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter, #2 Exhibit)(Honig, Eric)
August 8, 2012 Opinion or Order Filing 995 MINUTE ORDER IN CHAMBERS RE: JULY 12 AND 31, 2012 NINTH CIRCUIT ORDERS by Judge Audrey B. Collins: On July 12 and July 31, 2012, the Ninth Circuit issued two Orders. In the July 12, 2012 Order, the Ninth Circuit vacated and remanded this Court's ruling that an attorneys' fees award under the Civil Asset Forfeiture Reform Act ("CAFRA") should be paid directly to the attorney rather than to the prevailing claimants. In the July 31, 2012 Order, the Court stayed the government's payment of the Kim Claimants' attorneys' fees awards pending certain determinations to be made by this Court. The Court ORDERS the Kim Claimants, Honig, and the Government to meet and confer and file a Joint Report setting forth the following: 1. Identifying any issues that the Court must resolve in light of the July 12 Order. 2. Identifying exactly what issues the Court must resolve following the July 31 Order. 3. Proposed motions necessary to resolve these outstanding issues. 4. Proposed briefing schedules for such motions. The Joint Report is to be filed by August 22, 2012. (lw)
August 6, 2012 Filing 994 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #698 , CCA # 10-56467. The Judgment of the district court is Vacated and Remanded. Mandate received in this district on 7/12/12. (car)
August 2, 2012 Filing 993 RESPONSE filed by Claimant Optional Capital Incto Objections - non-motion #991 filed by Kims as document 991 (Rogari, Ralph)
August 2, 2012 Filing 992 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response #990 , Objections #991 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): docket entry text does not indicate that documents also are requests to strike. Proposed orders were not submitted as separate, additional attachments to the Response and Objections. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
August 1, 2012 Filing 991 OBJECTIONS to Reply (non-motion) #988 filed by Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
August 1, 2012 Filing 990 RESPONSE filed by Claimant Optional Capital Incto Response (non-motion) #985 filed by Government document 985 (Rogari, Ralph)
July 31, 2012 Opinion or Order Filing 989 ORDER from 9th CCA filed, CCA # 07-55390, 07-55424, 07-55714, 07-55872. The government's payment of the Kim Claimants' attorney's fees for appeals numbers 07-55390, 07-55424, 07-55714, and 07-55872 is stayed pending a final determination of the priority of Honig's attorney's liens and the government's tax liens. This order amends the court's mandate. Order received in this district on 7/31/12. (car)
July 30, 2012 Filing 988 REPLY filed by Claimant Optional Capital Inc to Brief (non-motion non-appeal) #983 (Rogari, Ralph)
July 30, 2012 Filing 987 JOINDER filed by Intervenor Parties Eric Honig, Law Office of Eric Honig joining in Brief (non-motion non-appeal) #983 , Memorandum of Points and Authorities in Support (non-motion), Memorandum of Points and Authorities in Support (non-motion) #986 , Response (non-motion) #985 . (Honig, Eric)
July 30, 2012 Filing 986 MEMORANDUM of Points and Authorities in Support filed by claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. Re: Brief (non-motion non-appeal) #983 , Scheduling Conference, Set/Reset Deadlines/Hearings,,,,,,,,,,,,,, #979 (Honig, Eric)
July 30, 2012 Filing 985 RESPONSE filed by Plaintiff United States of Americato Brief (non-motion non-appeal) #983 (Greene, Gavin)
July 24, 2012 Filing 984 STATUS REPORT re transfer of Christopher Kim to the United States filed by Plaintiff United States of America. (Greene, Gavin)
July 23, 2012 Filing 983 JOINT BRIEF filed by Claimant Optional Capital Inc. and Kim Claimants (Attachments: #1 Kim Claimants' Brief, #2 Optional's Brief)(Lee, Mary)
July 23, 2012 Filing 982 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
July 23, 2012 Filing 981 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
July 16, 2012 Opinion or Order Filing 980 MINUTE ORDER IN CHAMBERS RE: JOINT REQUEST FOR CLARIFICATION by Judge Audrey B. Collins: re: Joint Request Clarification of Order #975 .On July 12, 2012, the Kim Claimants and Eric Honig filed a Joint Request for Clarification ofOrder Re: Motions for Summary Judgment. Optional filed an objection to that Request. The Court responded to the Request as follows. A. The Kim Claimants' Claims Have Not Been Established - Prior proceedings established only that the Government cannot forfeit the properties from theKim Claimants; none of the prior proceedings established the Kim Claimants' ownership of the properties....Thus, the trial will be an adjudication of the Kim Claimants' and Optional's competing claims to the properties: whether the Kim Claimants are the legitimate owners of the properties, or whether Optional will obtain its constructive trust remedy by proving tracing.... B. All Properties Are Going to Trial - That Optional did not move for summary judgment as to some of the properties does not mean that Optional conceded that those properties should be returned to the Kim Claimants. Optional just didn't move for judgment as to those properties..... C. Evidence at Trial - The Kim Claimants ask what additional evidence may be presented at trial that was withheld from the summary judgment papers. This is not a question for the Court to answer. The Court reminds counsel that the only question to resolve at summary judgment is whether there are triable issues of fact.... (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
July 16, 2012 Filing 979 MINUTES OF Scheduling Conference held before Judge Audrey B. Collins, Case called. Counsel makes appearances. Court inquires if further settlement will be fruitful. The Court having heard from counsel, acknowledges that they will continue to explore that option and would like further settlement to be done by the Magistrate Judge. The Court will contact Magistrate Judge Abrams with respect to conducting a settlement conference, counsel will be notified as to the outcome. Scheduling Conference held. The Court sets the following dates: Motion in Limine: October 8, 2012, opposition October 15, 2012, reply October 22, 2012; Motion Hearing: November 5, 2012 at 10:00 a.m.; Final Pre Trial Conference: November 5, 2012 at 10:00 a.m., trial counsel to be present; Trial: November 27, 2012 at 8:30 a.m. or 9:00 a.m, estimated 3 days {type of trial to be determined). Court and counsel confer regarding nature of trial to determine if the trial will be a jury trial or a Court trial. Counsel to e-file a joint report by no later than July 23, 2012, addressing the nature of trial and burden of proof to determine what type of trial the Court will conduct. Replies must be e-filed by July 30, 2012. The parties will be referred to the Magistrate Judge Abrams for a settlement conference after the Court rules on this motion. Eric Honig, Esq. counsel for Kim claimant's represents to the Court that Mr. Kim has filed an application to be transferred to the United States to serve the rest of his four year sentenced that he is currently serving in the Republic of Korea. Counsel is hereby ORDERED to e-file a progress report regarding the transfer due by July 23, 2012. Court and counsel for the government discuss interest as to the case. The Court having heard from counsel acknowledges that the government's position relates only to tax liens.Court Reporter: Katherine Stride. (lw)
July 16, 2012 Filing 977 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Request for Clarification of Order re Motions #975 . The following error(s) was found: Incorrect event selected. The correct event is: Request ---> Order. Other error(s) with document(s): Wrong event used - Document and Docket Entry does not match. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
July 12, 2012 Opinion or Order Filing 978 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #698 filed by United States of America CCA # 10-56467. The decision of the district court is vacated and remanded. Order received in this district on 7/12/2012. (dmap)
July 12, 2012 Filing 976 OBJECTIONS to Supplement(Motion related) #975 filed by Claimant Optional Capital Inc. (Lee, Mary)
July 12, 2012 Filing 975 SUPPLEMENT (Request for Clarification) filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
July 9, 2012 Opinion or Order Filing 974 MINUTE ORDER IN CHAMBERS RE: July 16, 2012 Hearing by Judge Audrey B. Collins: Concurrent with this minute order, the Court is issuing an Order denying all of the motions set for hearing on Monday, July 16, 2012. This case is therefore on track to go to trial. Although there will be no hearing on the motions, the parties must still appear on July 16 to discuss pre-trial conference and trial dates. The parties are therefore ORDERED to appear on July 16, 2012 at 10:00 a.m. for a scheduling conference. At the conference the parties must also address whether further settlement talks would be fruitful. (bm)
July 9, 2012 Opinion or Order Filing 973 ORDER RE: KIM CLAIMANTS' MOTION FOR SUMMARY JUDGMENT and OPTIONAL CAPITAL'S MOTIONS FOR SUMMARY JUDGMENT and RENEWED MOTION TO DISMISS by Judge Audrey B. Collins denying #922 Motion for Summary Judgment; denying #925 Motion for Summary Judgment; denying #927 Motion for Partial Summary Judgment; denying #931 Motion to Vacate; denying #931 Motion for Sanctions: Pending before the Court are one Motion for Summary Judgment filed by the Kim Claimants (docket no. 922); two Motions for Summary Judgment filed by Claimant Optional Capital, LLC (docket nos. 925, 927); and a Renewed Motion to Dismiss as a Terminating Sanction (docket no. 931) filed by Optional. These Motions were filed on May 14, 2012. Optional filed an Opposition to the Kim Claimants' Motion and the Kim Claimants filed Oppositions to Optional's Motions on May 29, 2012. The Government filed a non-opposition to the Kim Claimants' Motion; oppositions to Optional's motions for summary judgment; and a document taking no position with respect to Optional's Renewed Motion to Dismiss (docket nos. 944, 947, 955). The movants filed Replies on June 11, 2012. Intervenor Eric Honig joined in the Kim Claimants' filings. The Court finds the Motions appropriate for resolution without oral argument and hereby VACATES the July 16, 2012 hearing. See Fed. R. Civ. P. 78, Local Rule 7-15. However, the parties must still appear on July 16 to discuss scheduling. For the following reasons, the Court DENIES the Motions. For the foregoing reasons, the Court hereby DENIES all of the above-referenced Motions. The Court hereby SUSPENDS First Stephora and Alexandria from pursuing their claims until they are reinstated. K.J. Kim is ORDERED to: Pursue all avenues available to obtain the Credit Suisse records; Grant someone power of attorney for the purpose of obtaining the Credit Suisse records, or show cause why such power of attorney cannot be granted and/or would be ineffectual. K.J. Kim must file a Status Report as to these activities and/or a Response to the order to show cause within six weeks of the issuance of this order. The Status Report must also describe the additional steps he expects to take to procure the Credit Suisse records. K.J. Kim must file these documents in addition to the periodic status reports he is already filing. (see document for further details) (bm)
June 28, 2012 Filing 972 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
June 19, 2012 Filing 971 RESPONSE IN SUPPORT of MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
June 18, 2012 Filing 970 OPPOSITION to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 Objection to new evidence submitted in reply to opposition filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 18, 2012 Filing 969 RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 12, 2012 Filing 968 RESPONSE TO OBJECTIONS in opposition to re: MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
June 11, 2012 Filing 967 Objections in support of re: MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 11, 2012 Filing 966 DECLARATION of Ralph Rogari in support of MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 11, 2012 Filing 965 REPLY support MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 11, 2012 Filing 964 REPLY in support of MOTION to Vacate MOTION for Sanctions Terminating sanction against Alexandria Investment, LLC and Christopher Kim #931 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, Mary)
June 11, 2012 Filing 963 JOINT STATEMENT of Genuine Disputes MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
June 11, 2012 Filing 962 REPLY in support MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Honig, Eric)
June 11, 2012 Filing 961 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
June 6, 2012 Counsel notified that the Court has not received mandatory courtesy copies for document 955, 956 e-filed by Gavin Greene,Esq. and document 957 e-filed by Mary Lee; pursuant to the rules of the Court mandatory chambers copies are due by 12:00 noon the next business day, these documents were e-filed 5/30/12; counsel to adhere to the rules and the procedures of the Court or may be sanctioned for noncompliance by A. Bridges, Court Clerk to Chief Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
June 4, 2012 Filing 960 NOTICE OF LODGING filed (Amended Proposed Judgments) re MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 (Attachments: #1 Proposed Order (Re: Claims of Erica Kim and First Stephora Aven, Inc.), #2 Proposed Order Re: Young Ai Kim's Claims)(Lee, Mary)
June 4, 2012 Filing 959 NOTICE OF LODGING filed (Amended Proposed Judgment) re MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 (Attachments: #1 Proposed Order)(Lee, Mary)
June 4, 2012 Mandatory courtesy copies for documents #936, and #937 have not been delivered to chambers e-filed by Mary Lee, Esq. on 5/29/12; counsel must adhere to the rules and procedures of the Court when e-filing mandatory chambers copies are due by 12:00 noon the next business day after e-filing, counsel can be sanctioned for noncompliance; please delivery the copies as soon as possible by A. Bridges, Court Clerk to Chief Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY
May 30, 2012 Filing 958 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachments #1: Proposed Judgments #936 , #937 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): no signature line provided for judge in proposed judgment attachments. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
May 30, 2012 Filing 957 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting Declaration (Motion related), Declaration (Motion related) #950 [950-6] (Attachments: #1 Declaration of the Custodian of Records of UCB and missing USAO documents)(Lee, Mary)
May 30, 2012 Filing 956 STATEMENT of of Genuine Disputes in Response to Optionals' Statements of Uncontroverted Facts and Conclusions of Law MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Plaintiff United States of America. (Greene, Gavin)
May 30, 2012 Filing 955 STATEMENT of of Gernuine Disputes in Response to the Kim Claimants Statement of Uncontroverted Facts and Conclusions of Law MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Plaintiff United States of America. (Greene, Gavin)
May 29, 2012 Filing 954 STATEMENT of Genuine Issues in Opposition to Summary Judgment Motion MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 29, 2012 Filing 953 STATEMENT of Undisputed Facts in opposition to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Lee, Mary)
May 29, 2012 Filing 952 DECLARATION of Hwan Ook Yang in opposition to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Attachments: #1 Signature page, #2 Exhibit A)(Lee, Mary)
May 29, 2012 Filing 951 DECLARATION of Sang Woo Park in opposition to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Lee, Mary)
May 29, 2012 Filing 950 DECLARATION of Mary Lee in opposition to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-7, #3 Exhibit 8-9, #4 Exhibit 10, #5 Exhibit 11-20, #6 Exhibit 21-25)(Lee, Mary)
May 29, 2012 Filing 949 EVIDENTIARY OBJECTIONS TO DECLARATIONS OF ERICA KIM, KJ KIM, YOUNG AI KIM, ERIC HONIG re MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 29, 2012 Filing 948 MEMORANDUM in Opposition to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 29, 2012 Filing 947 NOTICE OF NON-OPPOSITION to MOTION to Vacate MOTION for Sanctions Terminating sanction against Alexandria Investment, LLC and Christopher Kim #931 filed by Plaintiff United States of America. (Greene, Gavin)
May 29, 2012 Filing 946 OPPOSITION to MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 filed by Plaintiff United States of America. (Greene, Gavin)
May 29, 2012 Filing 945 OPPOSITION to MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Plaintiff United States of America. (Greene, Gavin)
May 29, 2012 Filing 944 NOTICE OF NON-OPPOSITION to MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Plaintiff United States of America. (Greene, Gavin)
May 29, 2012 Filing 943 Objections in opposition to re: MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 , MOTION to Vacate MOTION for Sanctions Terminating sanction against Alexandria Investment, LLC and Christopher Kim #931 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 29, 2012 Filing 942 OPPOSITION to MOTION to Vacate MOTION for Sanctions Terminating sanction against Alexandria Investment, LLC and Christopher Kim #931 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 29, 2012 Filing 941 JOINT STATEMENT of Genuine Disputes MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 29, 2012 Filing 940 JOINT STATEMENT of Genuine Disputes MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 29, 2012 Filing 939 OPPOSITION to MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 , MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig, Claimants Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Honig, Eric)
May 29, 2012 Filing 938 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting MOTION to Vacate MOTION for Sanctions Terminating sanction against Alexandria Investment, LLC and Christopher Kim #931 (Attachments: #1 Proposed Order)(Lee, Mary)
May 29, 2012 Filing 937 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 (Attachments: #1 Proposed Order (No. 1), #2 Proposed Order (No. 2))(Lee, Mary)
May 29, 2012 Filing 936 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 (Attachments: #1 Proposed Order)(Lee, Mary)
May 23, 2012 Filing 935 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
May 15, 2012 Filing 934 Notice of Withdrawal of Motion for Summary Judgment, #932 , Statement (Motion related) #933 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 15, 2012 Filing 933 STATEMENT of Uncontroverted Facts in Support of Motion for Summary Judgment MOTION for Summary Judgment as to To Dismiss claims of Kim Claimants and return all properties to Optional #932 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 15, 2012 Filing 932 NOTICE OF MOTION AND MOTION for Summary Judgment as to To Dismiss claims of Kim Claimants and return all properties to Optional filed by claimant Optional Capital Inc. Motion set for hearing on 7/16/2012 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph) Modified on 5/16/2012 (ab).**** MOTION TAKEN OFF CALENDAR PURSUANT TO NOTICE OF WITHDRAWAL DOCUMENT #934****
May 14, 2012 Filing 931 NOTICE OF MOTION AND MOTION to Vacate, MOTION for Sanctions Terminating sanction against Alexandria Investment, LLC and Christopher Kim filed by Claimant Optional Capital Inc. Motion set for hearing on 7/16/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1-12)(Lee, Mary)
May 14, 2012 Filing 930 DECLARATION of Mary Lee in support of MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-6, #3 Exhibit 7-14, #4 Exhibit 15-19)(Lee, Mary)
May 14, 2012 Filing 929 DECLARATION of Mary Lee in support of MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3-7, #3 Exhibit 8-14, #4 Exhibit 15-21, #5 Exhibit 22-26, #6 Exhibit 27-37)(Lee, Mary)
May 14, 2012 Filing 928 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of Optional's motion for summary judgment MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive #927 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 14, 2012 Filing 927 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Claims of Erica Kim, First Stephora Se Young Kim Young Ai Kim to $956,515.05, furniture, 2004 Mercedes CL500, Real Property at 924 Beverly Drive filed by Claimant Optional Capital Inc. Motion set for hearing on 7/16/2012 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
May 14, 2012 Filing 926 STATEMENT of Uncontroverted Facts and Conclusions of Law in Support of Summary Judgment Motion MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 #925 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 14, 2012 Filing 925 NOTICE OF MOTION AND MOTION for Summary Judgment as to Claims of KJ Kim, Bora Lee and Alexandria to 157,329.05 and all funds in credit suisse account 844548-6 filed by Claimant Optional Capital Inc. Motion set for hearing on 7/16/2012 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
May 14, 2012 Filing 924 JOINDER in MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
May 14, 2012 Filing 923 JOINT STATEMENT of Uncontroverted Facts and Conclusions of Law MOTION for Summary Judgment as to the claims of Optional Capital, Inc. #922 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 14, 2012 Filing 922 NOTICE OF MOTION AND MOTION for Summary Judgment as to the claims of Optional Capital, Inc. filed by claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. Motion set for hearing on 7/16/2012 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Proposed Order)(Honig, Eric)
May 4, 2012 Filing 921 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #870 CCA # 11-57042. This appeal is dismissed for lack of jurisdiction. Mandate received in this district on 05/04/2012. (dmap)
April 30, 2012 Filing 920 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
April 9, 2012 Filing 919 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
March 19, 2012 Filing 918 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
March 15, 2012 Opinion or Order Filing 917 MINUTE ORDER IN CHAMBERS re FURTHER STATUS CONFERENCE by Judge Audrey B. Collins: On the Court's own motion, the above matter, noticed for hearing on March 19, 2012 at 2:00 p.m., is hereby taken off calendar. Counsel is not required to appear on the above date and time. (bm)
March 13, 2012 Opinion or Order Filing 916 MINUTE ORDER IN CHAMBERS by Judge Audrey B. Collins: The Court has reviewed the parties Joint Status Report explaining anticipated motions and proposing briefing schedules. The Court declines to stay proceedings pending the most recent appeal: the issue on appeal is sufficiently distinct from the merits of the proposed motions. The Court hereby SETS the following briefing schedule for all proposed motions: Last day to file motions: May 14, 2012; Opposition due date: May 28, 2012; Reply due date: June 11, 2012; Hearing date: July 16, 2012 AT 10:00 A.M. This schedule provides sufficient time for the parties to prepare their briefs and for the Court to work on the motions, and accommodates Government counsels leave schedule. The Court expects thebriefing dates to remain firm. However, the Court would consider re-setting the hearing to a later date, if necessary, should counsels availability change. (shb)
March 8, 2012 Filing 914 STATUS REPORT (Joint) filed by Plaintiff United States of America. (Greene, Gavin)
March 7, 2012 Opinion or Order Filing 915 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #909 filed by Optional Capital Inc, CCA # 12-55417. The appeal filed on 3/3/12 is a preliminary injunction appeal. Accordingly, 9th Circuit Rule 3-3 shall apply. Within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. [See document for further information]. Order received in this district on 3/7/12. (car)
March 7, 2012 Opinion or Order Filing 913 ORDER Changing Status Conference Time by Judge Audrey B. Collins, re Stipulation to Reschedule #910 : Pursuant to the Stipulation to Change Status Conference Time, and for good cause showing: IT IS ORDERED that the status conference in this case scheduled for Monday, March 19, 2012 at 10:00 a.m. is rescheduled for Monday, March 19, 2012 at 2:00 p.m. (bm)
March 6, 2012 Filing 910 STIPULATION to Reschedule Conference Time filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Changing Status Conference Time)(Greene, Gavin)
March 5, 2012 Filing 911 NOTIFICATION by Circuit Court of Appellate Docket Number 12-55417, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #909 as to claimant Optional Capital Inc. (cbr)
March 3, 2012 Filing 909 NOTICE OF APPEAL to the 9th CCA filed by Claimant Optional Capital Inc. Appeal of Order #903 , Order on Ex Parte Application for Order, Order on Ex Parte Application for TRO, Order on Motion for Joinder,,,,,,,,, #902 (Appeal fee of $455 receipt number 0973-10019183 paid.) (Attachments: #1 Order of 020212(1), #2 Order of 020212(2), #3 Representation Statement)(Lee, Mary)
March 2, 2012 Opinion or Order Filing 912 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #698 filed by United States of America, CCA # 10-56467. Order received in this district on 3/2/12. On December 20, 2011, the court denied the petition for rehearing and the petition for rehearing en banc in appeal No. 07-56549. Accordingly, the stay of proceedings in appeal No. 10-56467 is lifted. Appellees' motion to consolidate is denied as moot. Brief schedule set. (cbr)
February 27, 2012 Filing 908 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
February 24, 2012 Opinion or Order Filing 907 MINUTE ORDER IN CHAMBERS SETTING STATUS CONFERENCE by Judge Audrey B. Collins: The Court understands that the parties' attempts at settlement were unsuccessful. As the Court indicated in its November 7, 2011 minute order, if no settlement was reached, it would set a status conference to set deadlines and hearing dates for motions. In the Amended Status Report filed on April 18, 2011 (doc. no. 731), the Kim Claimants' stated they anticipated filing a motion for summary judgment against Optional's constructive trust claim. That appears to be the only outstanding motion mentioned in the Report, as a motion for lien priority was already filed and decided. However, the parties may have since determined that additional motions are appropriate. The Court therefore SETS a status conference for Monday, March 19, 2012, at 10:00 a.m., to discuss motion work, set filing deadlines, and set hearing dates. The parties are to file a Joint Report no later than Monday, March 12, 2012, (1) identifying all motions they expect to bring, and (2) proposing filing deadlines and hearing dates, allowing sufficient time for other parities to file oppositions. (bm)
February 13, 2012 Filing 905 RESPONSE filed by Claimants Alexandria Investment LLC, Christopher Kimto Minutes of In Chambers Order/Directive - no proceeding held,,, #893 (Attachments: #1 Exhibit)(Honig, Eric)
February 8, 2012 Filing 906 MINUTES OF FURTHER SETTLEMENT CONFERENCE held before Magistrate Judge Paul L. Abrams: Further Settlement Conference held off the record. No settlement was reached. Based on communication with the Court by the Kim claimants, the obligation of Optional and the Kim claimants to report back to the Court by February 15, 2012, concerning continuing settlement discussions is hereby vacated. Court Recorder: 2/8/2012. (es)
February 6, 2012 Filing 904 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
February 3, 2012 Filing 901 OBJECTION in support re: Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
February 3, 2012 Filing 900 to joinder of east west bank opposition re: MOTION for Joinder in Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 MOTION for Joinder in Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 #899 opposition and request to strike filed by Claimant Optional Capital Inc. (Rogari, Ralph)
February 2, 2012 Opinion or Order Filing 903 ORDER PROHIBITING DISTRIBUTION OF SEIZED ASSETS Until Further Order Order Of The Court And For Optional Capital, Inc. to Show Cause Why A Preliminary Injunction Should Not Be Issued by Judge Audrey B. Collins: NOTE CHANGES MADE BY THE COURT. (bm)
February 2, 2012 Opinion or Order Filing 902 ORDER GRANTING EX PARTE APPLICATION by Judge Audrey B. Collins granting #892 Ex Parte Application; granting #899 Motion for Joinder: Pending before the Court is a joint Ex Parte Application for Order Restraining and Enjoining Enforcement of Writs of Execution and/or Execution Against Defendant Properties, and to Maintain the Status Quo Pending Resolution of All Claims to the Properties ("Application"), filed by Eric Honic and the Kim Claimants on January 30, 2012. The Government filed a Response in Support of the Application on January 31, 2012. Optional filed an Opposition on January 31, 2012. Eric Honig and the Kim Claimants filed a Reply on February 1, 2012. United Commercial Bank filed a Joinder in the application on February 1, 2012. The Court finds the matter appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); Local Rule 7-15. For the following reasons, the Court GRANTS the Application. (see document for further details) (bm)
February 1, 2012 Filing 899 NOTICE OF MOTION AND MOTION for Joinder in Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 filed by Intervenor United Commericial Bank. (Jung, Curtis)
February 1, 2012 Filing 898 RESPONSE filed by Claimants Alexandria Investment LLC, Christopher Kimto Minutes of In Chambers Order/Directive - no proceeding held,,, #893 (Honig, Eric)
February 1, 2012 Filing 897 REPLY in support Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee, Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
January 31, 2012 Filing 896 OPPOSITION to Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1)(Rogari, Ralph)
January 31, 2012 Filing 895 NOTICE of Change of Attorney Information for attorney Curtis Chuey Jung counsel for Intervenor Plaintiff United Commericial Bank. Changing e-mail to ry@jyllp.com. Adding Roger Yuen as attorney as counsel of record for East West Bank, assignee of United Commercial Bank for the reason indicated in the G-06 Notice. Filed by Intervenor East West Bank, assignee of United Commercial Bank (Jung, Curtis)
January 31, 2012 Filing 894 RESPONSE IN SUPPORT of Joint EX PARTE APPLICATION for Order for TRO and to show cause EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties #892 filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Prohibiting Distribution of Seized Assets Until Further Order of the Court and for Optional Capital, Inc. to Show Cause Why a Preliminary Injunction Should Not Be Issued)(Greene, Gavin)
January 30, 2012 Opinion or Order Filing 893 MINUTE ORDER IN CHAMBERS RE: JANUARY 16, 2012 STATUS REPORT by Judge Audrey B. Collins: On January 16, 2012, the Kim Claimants filed a status report. Attached thereto is a copy of a letter dated December 26, 2011 that Christopher Kim asserts he sent to Credit Suisse in an attempt to obtain the Alexandria account documents. Also attached is an undated letter from Kim to attorney Honig referencing a December 6, 2011 letter to Honig that enclosed copies of a letter to Credit Suisse; the December 6 letter was returned to Kim. The undated letter indicates that Kim retained the envelope from the returned December 6 letter. Therein, Kim also offered to provide the returned envelope to Honig for presentation to the Court. The Court ORDERS Kim to file the returned envelope (or a photocopy thereof) forthwith. (bm)
January 30, 2012 Filing 892 Joint EX PARTE APPLICATION for Order for TRO and to show cause, EX PARTE APPLICATION for Temporary Restraining Order as to to restrain execution against defendant properties filed by intervenors and claimants Alexandria Investment LLC, First Stephora Avenue Inc, Eric Honig, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Law Office of Eric Honig, Bora Lee. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Honig, Eric)
January 26, 2012 Filing 891 MINUTES OF Settlement Conference held before Magistrate Judge Paul L. Abrams.Settlement Conference held off the record. A further Settlement Conference will be held on Wednesday, February 8, 2012, at 1:00 p.m. (ch)
January 16, 2012 Filing 890 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Attachments: #1 Letter, #2 Letter)(Honig, Eric)
January 4, 2012 Opinion or Order Filing 889 MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. The Court, having considered the Joint Application #883 filed by the Honig Law Office and the Kim Claimants on December 23, 2011, and the various responses thereto, hereby suspends compliance with paragraph 8 of the Court's December 15, 2011, Order re Settlement Conference. Rather, in connection with the mandatory Confidential Settlement Conference Statement, each participant to the settlement conference shall include its realistic proposal for the complete settlement of this action. (ch)
January 3, 2012 Filing 888 RESPONSE filed by Intervenor Plaintiff United Commericial Bankto Minutes of In Chambers Order/Directive - no proceeding held, #886 , Order, Set/Reset Deadlines/Hearings,,,, #881 Response to Joint Application to Clarify Order re Settlement Conference (Jung, Curtis)
January 3, 2012 Filing 887 JOINDER filed by Plaintiff United States of America joining in Response (non-motion), Response (non-motion) #883 , Minutes of In Chambers Order/Directive - no proceeding held, #886 . (Greene, Gavin)
December 27, 2011 Filing 886 MINUTE (IN CHAMBERS) by Magistrate Judge Paul L. Abrams: Any party intending to participate in the January 26, 2012, settlement conference in this action, and which wishes to respond to the proposal raised in the Joint Application filed by the Honig Law Office and the Kim Claimants on December 23, 2011, shall do so no later than January 3, 2012. (es)
December 26, 2011 Filing 885 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Attachments: #1 Letter)(Honig, Eric)
December 23, 2011 Filing 884 RESPONSE filed by Claimant Optional Capital Inc to Application to Clarify Settlement Conference order made by Eric Honig and his clients (Rogari, Ralph)
December 23, 2011 Filing 883 RESPONSE filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee, Intervenor Parties Eric Honig, Law Office of Eric Honigto Order, Set/Reset Deadlines/Hearings,,,, #881 (Attachments: #1 Exhibit)(Honig, Eric)
December 21, 2011 Filing 882 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 05-02-11; 06-20-11;08-01-11; 11-07-11; Court Reporter: K. Stride; Court of Appeals Case Number: 11-57042; Re: #870 (Lee, Mary)
December 15, 2011 Opinion or Order Filing 881 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Paul L. Abrams. This case has been referred to Magistrate Judge Paul L. Abrams for settlement proceedings. A Settlement Conference will be held on January 26, 2012, at 9:00 a.m. in courtroom G, ninth floor of the U.S Courthouse, located at 312 North Spring Street, Los Angeles, California. No later than January 19, 2012, each party shall submit a Confidential Settlement Conference Statement directly to the chambers of Magistrate Judge Abrams. **See Order for details.** (ch)
December 13, 2011 Filing 880 TRANSCRIPT for proceedings held on 11/07/2011; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-894-2187. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/13/2012. Release of Transcript Restriction set for 3/12/2012. (Stride, Katherine)
December 9, 2011 Opinion or Order Filing 879 MINUTES (IN CHAMBERS): ORDER DENYING EX PARTE APPLICATION #875 by Judge Audrey B. Collins: Pending before the Court is an ex parte application filed by the Kim Claimants on December 5, 2011. Claimant Optional filed an Opposition on December 6, and the Kim Claimants filed a Reply on December 7, 2011. The Court hereby DENIES the application. The Court believes that the current record provides counsel will all of the guidance they need concerning the scope of Erica Kim's upcoming deposition. To provide further "guidance" as to speculative issues would be to issue an advisory opinion, something the Court may not do. Furthermore, to the extent ruling on such speculative matters would be permissible, there is no justification for the Court to reach out to rule on them on an expedited basis. Finally, both sides' papers delve unnecessarily into irrelevant "he said, she said" accusations about who agreed, or did not agree, to what, and when. Such matters frankly do not merit the Court's time or attention and the Court is surprised that the parties themselves saw fit to focus any of their own resources on such matters. The application is DENIED. (lw)
December 7, 2011 Filing 878 REPLY in support EX PARTE APPLICATION for Order for to clarify court's jurisdiction and limits on deposition of Erica Kim #875 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
December 6, 2011 Filing 877 OPPOSITION to EX PARTE APPLICATION for Order for to clarify court's jurisdiction and limits on deposition of Erica Kim #875 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
December 5, 2011 Filing 876 STATUS REPORT filed by Claimants Alexandria Investment LLC, Christopher Kim. (Honig, Eric)
December 5, 2011 Filing 875 EX PARTE APPLICATION for Order for to clarify court's jurisdiction and limits on deposition of Erica Kim filed by claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Proposed Order)(Honig, Eric)
December 1, 2011 Opinion or Order Filing 874 MINUTES (IN CHAMBERS) ORDER RE: OPTIONAL'S MOTION TO REOPEN DISCOVERY TO TAKE DEPOSITION OF ERICA KIM by Judge Audrey B. Collins granting #865 Motion for Extension of Time to Complete Discovery: On November 14, 2011, Optional Capital, Inc. ("Optional") filed a Motion to Reopen Discovery to take Deposition of Erica Kim. Also on November 14, Erica Kim filed a Notice of Non-Objection to Taking of Deposition. The Court has also reviewed the Motion and finds that it is meritorious. The Court therefore GRANTS the motion as unopposed and on its merits. (bm)
November 22, 2011 Opinion or Order Filing 873 MINUTE ORDER IN CHAMBERS re OPTIONAL'S MOTION TO DISMISS THE CLAIMS OF ALEXANDRIA INVESTMENT LLC AND CHRISTOPHER KIM AS A TERMINATING SANCTION by Judge Audrey B. Collins: For the foregoing reason, the Motion to Dismiss is DENIED. The Court ORDERS Kim and Alexandria to continue to pursue the documents by following up with Credit Suisse every three weeks until the documents are produced. Counsel is ORDERED to submit follow-up status reports describing any developments and attaching copies of Kim's communications with Credit Suisse. Counsel's status reports must be filed every three weeks, with the first such report due December 5, 2011. (see document for further details) (bm)
November 22, 2011 Opinion or Order Filing 872 MINUTES (IN CHAMBERS) ORDER re OPTIONAL'S MOTION TO DISMISS THE CLAIMS OF ALEXANDRIA INVESTMENT LLC AND CHRISTOPHER KIM AS A TERMINATING SANCTION by Judge Audrey B. Collins denying #844 Motion to Dismiss: For the foregoing reason, the Motion to Dismiss is DENIED. The Court ORDERS Kim and Alexandria to continue to pursue the documents by following up with Credit Suisse every three weeks until the documents are produced. Counsel is ORDERED to submit follow-up status reports describing any developments and attaching copies of Kim's communications with Credit Suisse. Counsel's status reports must be filed every three weeks, with the first such report due December 5, 2011. (see document for further details) (bm)
November 22, 2011 Filing 871 NOTIFICATION by Circuit Court of Appellate Docket Number 11-57042 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #870 as to Claimant Optional Capital Inc. (dmap)
November 21, 2011 Filing 870 NOTICE OF APPEAL to the 9th CCA filed by Claimant Optional Capital Inc. Appeal of Order on Motion for Contempt,, Order on Motion for Order,,, #780 , Order on Motion for Partial Summary Judgment, Order on Motion for Summary Adjudication,,,,,, #867 , Order on Motion to Dismiss Party, #869 (Appeal fee of $455 receipt number 0973-9544497 paid.) (Attachments: #1 Order re: lien priority, #2 Order granting DAS motion to dismiss, #3 Order re: 14 billion won, #4 Representation Statement)(Lee, Mary)
November 17, 2011 Opinion or Order Filing 869 MINUTES (IN CHAMBERS) ORDER re DAS'S MOTION TO DISMISS by Judge Audrey B. Collins granting #849 Motion to Dismiss Claimant DAS Corporation: For the foregoing reasons, DASs Motion is GRANTED. DAS is hereby DISMISSED from the action, with prejudice. (see document for further details) (bm)
November 16, 2011 Filing 868 TRANSCRIPT ORDER as to Claimant Optional Capital Inc Court Reporter Kathryn Stride. Order for: Optional Capital, Inc.. Transcript portion requested: Pre-Trial Proceeding: 11-07-2011. Category: 14 Day. 14 Day Transcript Order due by 12/2/2011. (Lee, Mary)
November 14, 2011 Opinion or Order Filing 867 ORDER by Judge Audrey B. Collins: The Court DENIES Optional's Motions #821 , #823 and rules as follows: The following is the order of lien priority for the liens asserted against the defendant assets seized from the Kim Claimants: 1. East West Banks mortgage lien (against the Beverly DriveProperty only), which has priority as of December 31, 2002. 2. The Law Offices lien (against all seized assets), which has priority as of March 19, 2006. 3. The Internal Revenue Services federal income tax liens (against all seized assets), which have priority as of June 16 and 11, 2008; February 9, 2009; and April 7, 2009. 4. Optionals judgment creditor lien (against all seizedassets), which has priority as of February 25, 2011. The Court also rules that EWB does not have standing to pursue its lien interest as a claim. (ir)
November 14, 2011 Filing 866 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion to Extend Discovery Cut-Off #865 . The following error was found: Proposed Order not submitted. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir)
November 14, 2011 Filing 865 NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 12/22/2011 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1)(Rogari, Ralph)
November 14, 2011 Filing 864 NOTICE OF NON-OPPOSITION Motion Hearing,,,,,,,, #860 filed by Claimant Erica M Kim. (Honig, Eric)
November 11, 2011 Filing 863 OBJECTIONS to Motion Related Document, #862 (the Kim Claimants' Status Report filed on November 11, 2011) filed by Claimant Optional Capital Inc. (Lee, Mary)
November 11, 2011 Filing 862 STATUS REPORT RE OPPOSITION TO MOTION TO DISMISS re MOTION to Dismiss the Claims of Alexandria Investment, LLC and Christopher Kim As a Terminating Sanction #844 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
November 9, 2011 Opinion or Order Filing 861 MINUTE ORDER IN CHAMBERS TAKING MOTION UNDER SUBMISSION by Judge Audrey B. Collins: Pending before the Court is claimant Optional Capital, Inc.'s Motion to Dismiss the Claims of Alexandria Investment LLC and Christopher Kim as a Terminating Sanction, currently set for hearing on November 14, 2011. The Court finds the Motion appropriate for resolution without oral argument and therefore VACATES the hearing and takes the matter UNDER SUBMISSION. (bm)
November 7, 2011 Filing 860 MINUTES OF MOTION BY CLAIMANT OPTIONAL CAPITAL, INC. FOR SUMMARY JUDGMENT AGAINST EAST WEST BANK DOCUMENT 821]; MOTION BY CLAIMANT OPTIONAL CAPITAL, INC. FOR SUMMARY ADJUDICATION THAT OPTIONALS JUDGMENT LIENS HAVE PRIORITY OVER THE GOVERNMENTS TAX LIENS AND THE COURT DOES NOT HAVE JURISDICTION OVER HONIGS CLAIMED LIEN FOR ATTORNEY FEES [DOCUMENT 823] Hearing held before Judge Audrey B. Collins: Case called. Counsel makes appearances. Tentative given. Court hears arguments with respect to tentative. The Court having heard from counsel, will consider all oral arguments before final ruling. Court asks parties' opinions about how to proceed with this case. Court and counsel confer regarding settlement and motions for summary judgment. All counsel feel settlement may be fruitful. Counsel for Optional requests in open Court to reopen discovery to allow it to depose Erica Kim before further settlement discussions and before motions for summary judgments are filed. Court and counsel discuss this request. The Court having heard from counsel, deems Local Rule 7-3 to be complied with, and sets a briefing schedule on Optional's motion to re-open discovery only to depose Erica Kim: opening brief due November 14, 2011, 8 to 10 pages; opposition due November 21, 2011, 8 to 10 pages; reply due November 28, 2011, 8 pages. There will be no hearing. If the Court grants the motion, Erica Kim's deposition should take place in December 2011, if possible. Thereafter, the parties should contact Magistrate Judge Abrams to set a date for a settlement hearing. Mr. Honig informs Court that he will volunteer to help coordinate counsel to be present at the settlement conference. If settlement is not achieved, then the parties and the Court anticipate motions for summary judgment. Dates for motions for summary judgment will be set, if necessary, at a later date. The Court expects them to be completed by summer. Counsel will be notified to set a further status conference at a later date. The Court commends counsel on all efforts made to resolve this matter. Court Reporter: Katherine Stride. (bm)
November 2, 2011 Filing 859 REPLY DAS Corporation's Memorandum in Reply Re Motion to Dismiss MOTION to Dismiss Claimant DAS Corporation Motionf or Order Dismissing DAS Corporation as a Claimant #849 filed by Claimant DAS Corporation. (Mills, William)
October 31, 2011 Filing 858 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting MEMORANDUM in Opposition to Motion #856 (Lee, Mary)
October 31, 2011 Filing 857 REPLY in support of MOTION to Dismiss the Claims of Alexandria Investment, LLC and Christopher Kim As a Terminating Sanction #844 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1 -3)(Lee, Mary)
October 31, 2011 Filing 856 MEMORANDUM in Opposition to MOTION to Dismiss Claimant DAS Corporation Motionf or Order Dismissing DAS Corporation as a Claimant #849 filed by Claimant Optional Capital Inc. (Lee, Mary)
October 31, 2011 Filing 855 OBJECTIONS to Motion Related Document #854 (Hong Office's Request for Judicial Notice) filed by Claimant Optional Capital Inc. (Lee, Mary)
October 30, 2011 Filing 854 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Adjudication as to Lien priority #823 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Attachments: #1 Exhibit)(Honig, Eric)
October 24, 2011 Filing 853 OPPOSITION to MOTION to Dismiss the Claims of Alexandria Investment, LLC and Christopher Kim As a Terminating Sanction #844 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
October 24, 2011 Filing 852 OBJECTION TO NON PARTY CA FRANCHISE TAX BOARD'S OPPOSITION in support of re: MOTION for Summary Adjudication as to Lien priority #823 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lee, Mary)
October 19, 2011 Filing 851 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Claimant DAS Corporation #849 . The following error(s) was found: Proposed Document was not submitted as a separate attachment - No Proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
October 19, 2011 Filing 849 NOTICE OF MOTION AND MOTION to Dismiss Claimant DAS Corporation Motionf or Order Dismissing DAS Corporation as a Claimant filed by Claimant DAS Corporation. Motion set for hearing on 11/21/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Request for Judicial Notice)(Mills, William)
October 19, 2011 Opinion or Order Filing 848 MINUTES: ORDER CONTINUING MOTIONS (In Chambers): Pending before the Court are two motions filed by Optional Capital, Inc., presently set for hearing on Monday, October 24, 2011. #821 #823 . Due to court congestion, the Court hereby CONTINUES the hearing on the motions to Monday, November 7, 2011 at 10:00 a.m.IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
October 19, 2011 Filing 847 OPPOSITION to MOTION for Summary Adjudication as to Lien priority #823 by California Franchise Tax Board filed by Defendant Does 1-50 inclusive. (Lew, Stephen)
October 19, 2011 Filing 846 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting MOTION to Dismiss the Claims of Alexandria Investment, LLC and Christopher Kim As a Terminating Sanction #844 (Proposed Order attached) (Attachments: #1 Proposed Order)(Lee, Mary)
October 18, 2011 Filing 845 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Claimant Optional Capital Inc's Motion to Dismiss #844 . The following error was found: Proposed Document (Proposed Order) was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir)
October 17, 2011 Opinion or Order Filing 850 ORDER from 9th CCA filed, CCA # 11-71786. Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. Order received in this district on 10/17/11. (car)
October 17, 2011 Filing 844 NOTICE OF MOTION AND MOTION to Dismiss the Claims of Alexandria Investment, LLC and Christopher Kim As a Terminating Sanction filed by Claimant Optional Capital Inc. Motion set for hearing on 11/14/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1-9, #2 Exhibit 10-22, #3 Exhibit 23-35)(Lee, Mary)
October 10, 2011 Filing 843 REPLY support MOTION for Partial Summary Judgment as to East West Bank #821 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
October 10, 2011 Filing 842 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting Reply (Motion related), Reply (Motion related) #840 (Lee, Mary)
October 10, 2011 Filing 841 REPLY support MOTION for Summary Adjudication as to Lien priority #823 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
October 10, 2011 Filing 840 REPLY in support of MOTION for Summary Adjudication as to Lien priority #823 against the Government filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Declaration Hwan Yang and Exhibit 9)(Lee, Mary)
September 30, 2011 Filing 839 DECLARATION of Eric Honig re In Chambers Conference,,, #831 filed by Claimants Alexandria Investment LLC, Christopher Kim. (Honig, Eric)
September 26, 2011 Filing 838 STATEMENT of Genuine Disputes MOTION for Summary Adjudication as to Lien priority #823 filed by Plaintiff United States of America. (Greene, Gavin)
September 26, 2011 Filing 837 STATEMENT of Genuine Disputes of Material Fact in Opposition to MOTION for Partial Summary Judgment as to East West Bank #821 filed by Intervenor Plaintiff United Commericial Bank. (Jung, Curtis)
September 26, 2011 Filing 836 East West Bank's Opposition to Optional Capital, Inc.'s Motion for Summary Judgment Against East West Bank; Declaration of Roger Yuen Opposition re: MOTION for Partial Summary Judgment as to East West Bank #821 filed by Intervenor Plaintiff United Commericial Bank. (Jung, Curtis)
September 26, 2011 Filing 835 NOTICE OF LODGING filed re Response in Opposition to Motion, #833 (Attachments: #1 Proposed Order)(Honig, Eric)
September 26, 2011 Filing 834 JOINT STATEMENT of relevant uncontroverted facts and conclusions of law MOTION for Summary Adjudication as to Lien priority #823 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
September 26, 2011 Filing 833 OPPOSITION to MOTION for Summary Adjudication as to Lien priority #823 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Honig, Eric)
September 26, 2011 Filing 832 OPPOSITION to MOTION for Summary Adjudication as to Lien priority #823 filed by Plaintiff United States of America. (Attachments: #1 Part 2)(Greene, Gavin)
September 22, 2011 Filing 831 MINUTES OF In Chambers RE: UNDER SEAL DECLARATION before Judge Audrey B. Collins:On September 14, 2011, Eric Honig, counsel for the Kim Claimants, filed under seal a 3-page declaration in response to the Courts August 1, 2011 minute order. Claimant Optional Capital, Inc.has filed an objection to the declarations being under seal. The Court agrees that Optional is entitled to learn the Kim Claimants responses. Furthermore,it appears that the attorney-client privileged information that justified filing the declaration under seal canbe easily redacted,or that the substantive information can be rephrased to avoid triggering a privilege, thereby providing Optional the information to which it is entitled. The Court therefore ORDERS Mr. Honig to file a redacted version of his declaration, consistent with this order, no later than Friday, September 30, 2011. IT IS SO ORDERED.Court Reporter: None. (ab) Modified on 9/23/2011 (ab).
September 14, 2011 Filing 830 SEALED DOCUMENT- Declaration of Eric Honig. (mat)
September 14, 2011 Opinion or Order Filing 829 ORDER by Judge Audrey B. Collins: GRANTING the Application of Christopher Kim and Alexandria Investment LLC to the Court to order the Declaration of Eric Honig be filed under seal #828 . (ir)
September 14, 2011 Filing 828 APPLICATION to File Declaration of Eric Honig under seal filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. Lodged Order. (ir)
September 14, 2011 Filing 827 NOTICE OF LODGING filed re MOTION for Summary Adjudication as to Lien priority #823 (Attachments: #1 Proposed Order)(Lee, Mary)
September 14, 2011 Filing 826 OBJECTIONS to Notice of Manual Filing (G-92) #825 filed by Claimant Optional Capital Inc. (Lee, Mary)
September 14, 2011 Filing 825 NOTICE of Manual Filing filed by Claimants Alexandria Investment LLC, Christopher Kim of Application to File Declaration Under Seal, Proposed Order, and Declaration of Eric Honig Under Seal. (Honig, Eric)
September 12, 2011 Filing 824 STATEMENT of Uncontroverted Facts and Conclusions of Law MOTION for Summary Adjudication as to Lien priority #823 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
September 12, 2011 Filing 823 NOTICE OF MOTION AND MOTION for Summary Adjudication as to Lien priority filed by Claimant Optional Capital Inc. Motion set for hearing on 10/24/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rogari, Ralph)
September 12, 2011 Filing 822 STATEMENT of Uncontroverted Facts and Conclusions of Law in support of MOTION for Partial Summary Judgment as to East West Bank #821 filed by Claimant Optional Capital Inc. (Lee, Mary)
September 12, 2011 Filing 821 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to East West Bank filed by Claimant Optional Capital Inc. Motion set for hearing on 10/24/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Proposed Order)(Lee, Mary)
August 3, 2011 Filing 819 STATUS REPORT BY GOVERNMENT RE: INVESTIGATION OF TRANSACTION IN CREDIT SUISSE ACCOUNT PURSUANT TO COURT ORDER OF AUGUST 2, 2011 filed by Plaintiff United States of America. (Welk, Steven)
August 2, 2011 Opinion or Order Filing 817 MINUTE ORDER IN CHAMBERS re FURTHER STATUS REPORT FROM THE GOVERNMENT by Judge Audrey B. Collins: As indicated in the minutes from the August 1, 2011 status conference, the Court hereby ORDERS the Government to file a further status report concerning its investigation of the transfer of funds from Alexandria Investments LLC's Credit Suisse account to DAS Corporation in February 2011. The purpose of the follow-up report is to clarify whether the Government's investigation is closed, in order to provide sufficient assurance to parties who are otherwise invoking their Fifth Amendment rights as to discovery of potentially related matters. If the Government has decided to not pursue charges against any party in this case in relation to the transfer of funds from Alexandria's Credit Suisse account to DAS Corporation in February 2011, and has closed the investigation, the report should so state. This Status Report is to be filed as soon as possible, but no later than Friday, August 5, 2011. (bm)
August 1, 2011 Opinion or Order Filing 820 MINUTE ORDER IN CHAMBERS re STATUS CONFERENCE ADDENDUM by Judge Audrey B. Collins: At the status conference, the Court also ordered counsel for the Kim Claimants to obtain a definite answer from Christopher Kim to the question whether Kim will transfer the money remaining in Alexandria's Credit Suisse account to the Clerk of Court pending resolution of this case. Counsel is to file with the Court a writing either correspondence with Kim or a declaration of counsel evidencing the request and Kim's response. The writing is to be filed with the Court, as a report, within 45 days. (bm)
August 1, 2011 Filing 818 MINUTES: STATUS CONFERENCE: Case called. Counsel make appearances. The Court reviewed the Joint Status Report filed July 28, 2011, Document #812. Optional indicated that it would file a motion for sanctions against Alexandria, the Kim Parties and their counsel for violating the Courts order to produce Alexandrias bank statements, and against Alexandria for not appearing at the judgment debtor examination before Magistrate Judge Abrams in related case CV-04-3866 ABC (PLA). It was determined and agreed by all parties that a motion to determine lien priority should be filed. The Court agreed that it would resolve a lien priority motion before determining the framework of the case going forward. In the Courts view, this motion should be in the form of a motion for summary adjudication. The motion is to establish priority of all liens. Optional agreed to be the moving party. The Court SET the following briefing schedule: motion due filed by September 12, 2011; oppositions due September 26, 2011; reply due October 10, 2011; hearing set for October 24, 2011 at 10:00 a.m. The Court questioned Optional regarding whether it has sought to enforce its judgment in related case CV-04-3866 against Alexandrias Credit Suisse account, and whether it has sought discovery of Alexandrias bank statements by subpoenaing Credit Suisse. Optional indicated that it had not undertaken either step because it does not want to interfere with this Courts jurisdiction over the account, and because international discovery presents certain obstacles, respectively. The Court wishes to clarify that it posed these questions to Optional not to discourage it from taking these actions, but rather to learn whether it has pursued these alternatives. Under the present circumstances, in which Optional already has a judgment and another claimant has obtained some of the funds, the Court would not fault Optional for pursuing these avenues, but instead recognizes that Optional would be well advised to pursue all avenues available to it. If Optional decides to pursue such avenues, especially enforcement of its judgment in Switzerland, so notifying this Court would be sufficient to avoid the appearance of misconduct. As for pursuing discovery against Credit Suisse, although such litigation may prove somewhat complicated, it may turn out to be the most effective way to obtain the information, and the Court urges Optional to consider this possibility IT IS SO ORDERED Judge Audrey B. Collins Court Reporter: Katherine Stride. (ir)
August 1, 2011 Filing 816 MINUTES OF Status Conference held before Judge Audrey B. Collins: Case called. Counsel make appearances. The Court reviewed the Joint Status Report filed July 28, 2011, Document #812. The Court and counsel discussed discovery of bank statements for Alexandria Investments LLC's account with Credit Suisse, conduct of counsel, and scheduling of the case going forward. The Court questioned Erica Kim regarding her status with Alexandria Investments LLC. Optional Capital LLC presented to the Court and counsel a compilation of previously-filed documents relating to Erica Kim's status with Alexandria. The Court inquired of the Government regarding the status of its investigation of the transfer of funds from Alexandria's Credit Suisse account to DAS Corporation in February 2011. The Court ordered the Government to file another public status report clarifying the status of this investigation. See separate Minute Order issued concurrently. Optional indicated that it would file a motion for sanctions against Alexandria, the Kim Parties and their counsel for violating the Court's order to produce Alexandria's bank statements, and against Alexandria for not appearing at the judgment debtor examination before Magistrate Judge Abrams in related case CV-04-3866 ABC (PLA). It was determined and agreed by all parties that a motion to determine lien priority should be filed. The Court agreed that it would resolve a lien priority motion before determining the framework ofthe case going forward. In the Courts view, this motion should be in the form of a motion for summary adjudication. The motion is to establish priority of all liens. Optional agreed to be the moving party.The Court SET the following briefing schedule: motion due filed by September 12, 2011; oppositionsdue September 26, 2011; reply due October 10, 2011; hearing set for October 24, 2011 at 10:00 a.m. (see document for further details) Court Reporter: Katherine Stride. (bm) Modified on 8/2/2011 (ab). (Additional attachment(s) added on 8/2/2011: #1 Main Document) (ab).
July 29, 2011 Opinion or Order Filing 814 MINUTE ORDER IN CHAMBERS RE: AUGUST 1, 2011 STATUS CONFERENCE by Judge Audrey B. Collins: The Court has read the parties' Joint Status Conference filed in preparation for the August 1, 2011 conference. In addition to counsel, ERICA KIM is hereby ORDERED to appear at the status conference at 10:00 a.m. She is hereby on notice that the Court may question her directly regarding the Alexandria Investments account with Credit Suisse Bank. Optionals counsel and the Kim parties' counsel are hereby ORDERED to bring with them to the status conference the evidence, including court filings, they are relying upon for their assertions regarding whether Ms. Kim has access to statements for the Alexandria Investments account held by Credit Suisse. (bm)
July 28, 2011 Filing 813 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting Status Report, #812 (Missing Exhibit "A") (Lee, Mary)
July 28, 2011 Filing 812 STATUS REPORT (JOINT) filed by Claimant Optional Capital Inc. (Attachments: #1 Optional Capital's Report, #2 Christopher Kim, et.al's Report, #3 Exhibits for the Kim Claimants' Report, #4 Declaration of Christopher Kim, #5 DAS Corporation's Report, #6 East West Bank's Report, #7 Honig Law Office's Report, #8 Government's Report)(Lee, Mary)
July 26, 2011 Filing 815 MINUTES OF Settlement Conference held before Magistrate Judge Paul L. Abrams: Case called. Parties made their appearances. Settlement Conference held. No settlement was reached. If the parties believe that further settlement discussions would be beneficial at a later date, they should contact the court clerk at (213) 894-7103 to schedule such conference. (es)
July 26, 2011 Filing 808 REPORT of PUBLICLY-FILED FURTHER REPORT BY GOVERNMENT RE: REQUEST TO INVESTIGATE TRANSACTION IN CREDIT SUISSE ACCOUNT filed by Plaintiff United States of America. (Welk, Steven)
July 26, 2011 Opinion or Order Filing 807 MINUTE: GOVERNMENTS FURTHER REPORT (In Chambers): The Court has reviewed the Governments Further Report Re: Request to Investigate Transaction in Credit Suisse Account, filed under seal on July 22, 2011. The Court hereby ORDERS theGovernment to file a non-sealed version of the Report. In the Courts view, the first paragraph and the last sentence would suffice to inform the parties of the Governments position. The non-sealed report must be filed no later than July 29, 2011 IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
July 25, 2011 Filing 811 SEALED DOCUMENT- Further Report by Government's Re: Request to Investigate Transaction in Credit Suisse Account. (mat)
July 25, 2011 Filing 810 SEALED DOCUMENT- Order Allowing Filing of Government's Application and Further Report Re: Request to Investigate Transaction in Credit Suisse Account Under Seal. (mat)
July 25, 2011 Filing 809 SEALED DOCUMENT- Government's Application to File Further Report Re: Request to Investigate Transaction in Credit Suisse Account Under Seal. (mat)
July 25, 2011 Filing 806 NOTICE RE: ALEXANDRIA INVESTMENT'S FAILURE TO COMPLY WITH THE COURT ORDER OF JUNE 20, 2011 filed by Claimant Optional Capital Inc. (Lee, Mary)
July 22, 2011 Filing 805 NOTICE of Manual Filing filed by Plaintiff United States of America of 1. Government's Application and Order; 2. Further Report by Government. (Welk, Steven)
July 18, 2011 Opinion or Order Filing 804 ORDER RE: PRELIMINARY INJUNCTION by Judge Audrey B. Collins: Pending before the Court is Claimant Optional Capital Inc.s Request for a Preliminary Injunction barring East West Bank from proceeding with a trustee sale of the real property at 924 N. Beverly Drive, Beverly Hills, California. For the foregoing reasons, the Court finds that a order enjoining the trustee sale is warranted under both the preliminary injunction standard and as a function of the Courts inherent authority. The Court therefore ENJOINS East West Bank from undertaking a Trustee Sale with respect to the property at 924 N. Beverly Drive, Beverly Hills, California, pending further proceedings in this case. (ir)
July 18, 2011 Opinion or Order Filing 803 MINUTE ORDER IN CHAMBERS RE: CONFERENCE WITH JUDGE ABRAMS by Judge Audrey B. Collins: Magistrate Judge Abrams has agreed to meet with the parties to attempt to resolve the issues relating to Erica Kims default on the 924 N. Beverly Dr. property, and, if possible, Erica Kim's claims in their entirety. The parties are ORDERED to appear before Magistrate Judge Abrams at 8:30 a.m., on Tuesday, July 26, 2011. As discussed at oral argument today, the parties are to file a Joint Report no later than Thursday, July 28, 2011. (bm)
July 18, 2011 Filing 802 MINUTES OF ORDER TO SHOW CAUSE RE: OPTIONAL AND HONIG OF ISSUANCE OF A PRELIMINARY INJUNCTION ENJOINING TRUSTEE SALE UNTIL THE OUTSTANDING ISSUES ARE RESOLVED BY THE COURT Hearing held before Judge Audrey B. Collins: Case called. Counsel makes appearances. Tentative given. Counsel for both parties submit ontentative. Court inquires with government why ordered report has not been received. Government represents to the Court that the report will be submitted this week. Counsel admonished for not e-filing a notice to the Court that the ordered report would be late. Counsel warned that sanctions can be imposed for not complying with the Court orders. Court discusses next stage of proceedings with counsel. Counsel informed that Magistrate Judge Abrams is inclined to meet with parties to attempt to resolve the issues relating to Eria Kim's claims. Counsel agrees to meet with Magistrate Judge Abrams. The Court will contact Magistrate Judge Abrams to set up the date that was agreed to by counsel in Court. The previous scheduled status conference set for August 1, 2011 at 10:00 a.m. remains on calendar. Counsel to be prepared to inform Court how case will proceed further as discussed in open Court. Court and counsel discuss briefing on the frame work for the case going forth. The Court informs counsel that simultaneous briefing will be necessary, also simultaneous responses. Counsel are to propose briefing schedule for their anticipated motions. Final briefing schedule to be set at the next hearing. Court to be informed of any settlement if resolved at the conference that will be set before Magistrate Judge Abrams. Court Reporter: Katherine Stride. (bm)
July 13, 2011 Filing 801 REPLY support request for injunction filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1)(Rogari, Ralph)
July 13, 2011 Filing 800 RESPONSE filed by Intervenor Parties Eric Honig, Law Office of Eric Honigto Order on Ex Parte Application for Order,,, #794 (Honig, Eric)
July 11, 2011 Filing 799 REPLY in opposition EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 filed by Plaintiff United States of America. (Greene, Gavin)
July 11, 2011 Filing 798 DECLARATION of Lois Shivers-Wynn in opposition to EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 and in support of East West Bank's Opposition to the Issuance of a Preliminary Injunction to Enjoin East West Bank's Trustee's Sale of the 924 N. Beverly Drive, Beverly Hills Property filed by Intervenor Plaintiff United Commericial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Jung, Curtis)
July 11, 2011 Filing 797 East West Bank's Opposition to the Issuance of a Preliminary Injunction to Enjoin East West Bank's Trustee's Sale of the 924 N. Beverly Dr., Beverly Hills, CA property and Declaration of Roger Yuen in support thereof in opposition re: EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 filed by Intervenor Plaintiff United Commericial Bank. (Jung, Curtis)
July 6, 2011 Filing 796 RESPONSE IN SUPPORT OF OPTIONAL'S REQUEST FOR A N ORDER ENJOINING SALE OF 924 N. BEVERLY DRIVE HOUSE filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Lee, Mary)
July 6, 2011 Filing 795 RESPONSE filed by Intervenor Parties Eric Honig, Law Office of Eric Honigto Order on Ex Parte Application for Order,,, #794 (Attachments: #1 Exhibit)(Honig, Eric)
July 1, 2011 Opinion or Order Filing 794 MINUTES (IN CHAMBERS): ORDER by Judge Audrey B. Collins: granting #787 Ex Parte Application for Order. The Trustee sale is ENJOINED until the close of business on Monday, July 18, 2011. The Court ORDERS Optional and Honig to SHOW CAUSE to support the issuance of a preliminary injunction enjoining the Trustee sale until the outstanding issues are resolved by the Court. Optionals and Honigs responses to this OSC are due no later than July 6, 2011. East West Bank, the United States, and any other party wishing to oppose the issuance of a preliminary injunction may respond no later than July 11, 2011. Optional and Honig may file any reply no later than July 13, 2011 by 12 p.m. (noon). The Court SETS this matter for hearing on Monday, July 18, 2011 at 10:00 a.m. (rrey)
July 1, 2011 Filing 793 REPLY in support of EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 filed by Claimant Optional Capital Inc. (Lee, Mary)
July 1, 2011 Filing 792 REPLY in support of EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Attachments: #1 Exhibit)(Honig, Eric)
July 1, 2011 Filing 791 to Optional Capital's Ex Parte Application for an Order to Enjoin East West Bank's Trustee's Sale for 924 N. Beverly Drive, Beverly Hills, California, Property Optional Capital's Ex Parte Application for an Order to Enjoin East West Bank's Trustee's Sale for 924 N. Beverly Drive, Beverly Hills, California, Property re: EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 filed by Intervenor Plaintiff United Commericial Bank. (Jung, Curtis)
June 30, 2011 Filing 790 NOTICE of Lis Pendens filed by Claimant Optional Capital Inc. (Lee, Mary)
June 30, 2011 Filing 789 RESPONSE filed by Plaintiff United States of America to Claimant Optional Capital Inc.'s Ex Parte Application for an Order Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Until After the Upcoming Status Conference Scheduled for August 1, 2011 (Tait, Monica)
June 30, 2011 Filing 788 JOINDER in EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference #787 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
June 30, 2011 Filing 787 EX PARTE APPLICATION for Order for Enjoining the Trustee's Sale of the 924 N. Beverly Drive Property Unitl After the Upcoming Status Conference filed by Claimant Optional Capital Inc. (Attachments: #1 Proposed Order)(Lee, Mary)
June 29, 2011 Filing 786 NOTICE filed by Intervenor United Commericial Bank. re East West Bank, assignee of United Commerical Bank Loan's Intention to Proceed with Trustee Sale of Property (Jung, Curtis)
June 27, 2011 Filing 785 ANSWER TO THE CLAIMS OF THE UNITED STATES filed by Claimant Optional Capital Inc.(Lee, Mary)
June 24, 2011 Opinion or Order Filing 784 MINUTES (IN CHAMBERS) ORDER RE: GOVERNMENT'S MOTION TO INTERVENE by Judge Audrey B. Collins: granting #770 Motion to Intervene: As such, the Court hereby GRANTS the Government's Motion to Intervene, and VACATES the July 11, 2011 hearing. (see document for further details) (bm)
June 24, 2011 Filing 783 NOTICE OF NON-OPPOSITION to MOTION to Intervene #770 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee, Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
June 20, 2011 Opinion or Order Filing 782 ORDER by Judge Audrey B. Collins: The Court GRANTS Optional's Motion to compel discovery #744 . Alexandria Investments LLC and Christopher Kim are hereby ORDERED to produce to Optional Capital, Inc., all bank statements relating to Credit Suisse account number 0251-844548-6 in the name of Alexandria Investment LLC, for the period December 1, 2010, to the date of this Order. Alexandria and Kim are also ORDERED to produce to Optional bank records indicating the identities of the persons with signature authority on the account. Alexandria and Kim are to produce the above documents within 30 days of the issuance ofthis Order. (ir)
June 20, 2011 Filing 781 MINUTES: MOTION BY CLAIMANT OPTIONAL CAPITAL, INC. TO COMPEL ALEXANDRIA INVESTMENTS LLC, AND CHRISTOPHER KIM TO OBTAIN AN PRODUCE BANK STATEMENTS FROM THE CREDIT SUISSE BANK FOR ACCOUNT [DOCUMENT 744]: Matter called. Court informs counsel of previous motions that have been ruled on. Tentative given to counsel. Court and counsel confer regarding tentative order in open Court.The Court having heard from counsel, will maintain tentative. The Court signs tentative order, which reflects the ruling on the above motion. Counsel for Kim claimants and Court discuss service of documents. Counsel informs Court that he has been responsible in the past for all claimants receiving all Court documents and will continue to take full responsibility to ensure that all documents are served on the parties. The Court hereby ORDERS a status conference set for August 1, 2011 at 10:00 a.m. Counsel to e-file a joint status report by no later than July 27, 2011 IT IS SO ORDERED Judge Audrey B. Collins Court Reporter: Katherine Stride. (ir)
June 17, 2011 Opinion or Order Filing 780 ORDER RE: MOTION FOR AN ORDER OF CONTEMPT AGAINST DAS CORP. #743 , WILLIAM MILLS, AND JOHN KARACZYNSKI; MOTION FOR AN ORDER OF CONTEMPT AGAINST ERIC HONIG, CHRISTOPHER KIM, AND ALEXANDRIA INVESTMENT LLC #742 ; and MOTION FOR AN ORDER COMPELLING DAS TO DEPOSIT SUMS WITH THE COURT #745 DENIED by Judge Audrey B. Collins. (ir)
June 10, 2011 Filing 779 RESPONSE IN SUPPORT of MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski #743 , MOTION for Order for Requiring DAS corporation to deposit with Clerk Of District Court 14 billion Korean Won at the United States Dollar Exchange Rate and sanctions and penalities against DAS and it's attorneys #745 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 10, 2011 Filing 778 Objections in opposition to re: MOTION for Order for accounting by production of bank records #744 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
June 9, 2011 Opinion or Order Filing 777 MINUTE ORDER IN CHAMBERS CONTINUING MOTIONS by Judge Audrey B. Collins: Pending before the Court are three motions filed by Optional Capital, Inc., presently set for hearing on Monday, June 13, 2011: Motion For an Order of Contempt Against Eric Honig (doc. 742); Motion for an Order of Contempt Against DAS Corporation, William Mills, and John Karaczynski (doc. 743); and Motion for an Order to Compel DAS Corporation to Deposit All Sums (doc. 745). For the convenience of the parties and for judicial economy, the Court hereby CONTINUES the hearing on all three of these Motions to Monday, June 20, 2011 so that they may be heard, if necessary, with a fourth motion set for that day. (bm)
June 9, 2011 Filing 776 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Errata Doc 733/Request #775 . The following error(s) was found: The "Request" for document to be stricken should be e-filed and docketed separately with a proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
June 8, 2011 Filing 775 NOTICE Of Errata in filing document 773; Request that it be stricken filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 8, 2011 Filing 774 REPLY in support of motion MOTION for Order for accounting by production of bank records #744 Amended filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 8, 2011 Filing 773 REPLY in support of motion MOTION for Order for accounting by production of bank records #744 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
June 7, 2011 Filing 772 JOINDER filed by Claimant DAS Corporation joining in Response in Opposition to Motion,, #771 . (Greenberg, Gordon)
June 7, 2011 Filing 771 OPPOSITION to MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski #743 , MOTION for Order for Requiring DAS corporation to deposit with Clerk Of District Court 14 billion Korean Won at the United States Dollar Exchange Rate and sanctions and penalities against DAS and it's attorneys #745 Responses of DAS Corporation and William K. Mills to Evidentiary Objections Proffered by Claimant Optional Capital Inc. filed by Claimant DAS Corporation. (Attachments: #1 Supplement Supplemental Fiechter Declaration, #2 Notice of Submission of Certified Translations)(Mills, William)
June 2, 2011 Filing 770 NOTICE OF MOTION AND MOTION to Intervene filed by Plaintiff United States of America. Motion set for hearing on 7/11/2011 at 10:00 AM before Judge Audrey B. Collins. (Greene, Gavin)
May 31, 2011 Filing 769 REPLY in support of MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski #743 filed by Claimant Optional Capital Inc. (Attachments: #1 Evidentiary Objections re: DAS and Mills' opposition, #2 Evidentiary Objections to the Declaration of John A. Karaczynski)(Lee, Mary)
May 31, 2011 Filing 768 REPLY in support of motion MOTION for Order for Requiring DAS corporation to deposit with Clerk Of District Court 14 billion Korean Won at the United States Dollar Exchange Rate and sanctions and penalities against DAS and it's attorneys #745 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 31, 2011 Filing 767 REPLY in support of MOTION for Contempt against ERIC HONIG IN HIS CAPACITY AS THE ATTORNEY FOR THE KIM CLAIMANTS, CHRISTOPHER KIM, and ALEXANDRIA INVESTMENT, LLC #742 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit Exhibits 1 - 5, #2 Evidentiary Objections)(Lee, Mary)
May 25, 2011 Opinion or Order Filing 766 MINUTE: RE: OPTIONALS MOTION TO COMPEL (In Chambers): Optional Capital, Inc.s Motion to Compel Alexandria Investments LLC and Christopher Kim to Obtain and Produce Bank Statements, filed on May 16, 2011 #744 , was inadvertentlystricken, but has now been placed back on the Courts calendar. Because the Motion was stricken, however, Alexandria and Christopher Kim did not file a substantive opposition. The Court therefore SETS the following briefing schedule: Any Opposition to the Motion is due filed by Wednesday June 1, 2011.Optionals Reply is due filed by Wednesday June 8, 2011. The hearing on the Motion is hereby continued to Monday June 20, 2011, at 10:00 a.m. IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
May 25, 2011 Filing 765 OPPOSITION to MOTION for Order for accounting by production of bank records #744 filed by Claimants Alexandria Investment LLC, Christopher Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 24, 2011 Opinion or Order Filing 764 MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. Claimant Optional Capital, Inc.'s Motion to Compel Alexandria Investments LLC and Christopher Kim to Obtain and Produce Bank Statements, filed on May 16, 2011 (Docket Entry No. 744), and inadvertently stricken on May 20, 2011 (Docket Entry Nos. 750, 751), is hereby restored to the docket and placed back on the calendar of Chief Judge Audrey B. Collins, for a hearing on June 13, 2011, at 10:00 a.m. (ch)
May 24, 2011 Filing 763 REPLY filed by Claimant Optional Capital Inc to Objection/Opposition (Motion related), Objection/Opposition (Motion related) #761 (Rogari, Ralph)
May 24, 2011 Filing 762 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notices of Errata #757 , #758 , #759 , #760 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Incorrect event selected. Correct event to be used is Miscellaneous Filings (Non-Motion)-Errata #757 , #759 . Incorrect document attached #758 , #760 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
May 24, 2011 Filing 761 opposition in opposition to re: Amended REQUEST to Reschedule to Reschedule Document 744, Claimant's motion for an accounting before Judge Collins for June 13, 2011, pursuant to her order of May 2, 2011. #760 filed by Claimants Alexandria Investment LLC, Christopher Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
May 23, 2011 Filing 760 Amended REQUEST to Reschedule to Reschedule Document 744, Claimant's motion for an accounting before Judge Collins for June 13, 2011, pursuant to her order of May 2, 2011. filed by Claimant Optional Capital Inc. Request set for hearing on 6/13/2011 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
May 23, 2011 Filing 759 NOTICE Amended Notice of Errata in filing document 744 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 23, 2011 Filing 758 REQUEST to Reschedule Document 744, Claimant's motion for accounting before Judge Collins for June 13, 2011 pursuant to her order Of May 2, 2011 filed by Claimant Optional Capital Inc. Request set for hearing on 6/13/2011 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
May 23, 2011 Filing 757 NOTICE of Errata in filing document 744 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 23, 2011 Filing 756 MEMORANDUM in Opposition to Optional Capital's Motions (1) for an Order of Contempt Against DAS, et al. (docket #743); and (2) For an Order Compelling DAS to Deposit All Sums Its Obtained From Credit Suisse With the Clerk of the Court (Docket #745) filed by Claimant DAS Corporation. (Attachments: #1 Declaration Fietcher Declaration, #2 Exhibit Feitcher Exhibit Nos. 1-2, #3 Exhibit Feitcher Exhibit Nos. 3-6, #4 Declaration William K. Mills Declaration)(Mills, William)
May 23, 2011 Filing 755 DECLARATION of John A. Karaczynski In Opposition To MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski #743 , MOTION for Order for Requiring DAS corporation to deposit with Clerk Of District Court 14 billion Korean Won at the United States Dollar Exchange Rate and sanctions and penalities against DAS and it's attorneys #745 DECLARATION OF JOHN A. KARACZYNSKI IN OPPOSITION TO OPTIONAL CAPTIAL,INC.'S MOTIONS AGAINST DAS CORPORATION AND ATTORNEYS JOHN A. KARACZYNSKI AND WILLIAM MILLS filed by Claimant DAS Corporation. (Attachments: #1 Exhibit 1, #2 Declaration 2)(Greenberg, Gordon)
May 23, 2011 Filing 754 DECLARATION of Peter J. Drobac In Opposition To MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski #743 , MOTION for Order for Requiring DAS corporation to deposit with Clerk Of District Court 14 billion Korean Won at the United States Dollar Exchange Rate and sanctions and penalities against DAS and it's attorneys #745 DECLARATION OF PETER J. DROBAC IN OPPOSITION TO OPTIONAL CAPITAL, INC.'S MOTIONS FOR AN ORDER OF CONTEMPT AND SANCTIONS AGAINST ATTORNEY JOHN A. KARACZYNSKI filed by Claimant DAS Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Greenberg, Gordon)
May 23, 2011 Filing 753 MEMORANDUM in Opposition MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO OPTIONAL CAPITAL, INC.'S MOTIONS FOR AN ORDER OF CONTEMPT AND SANCTIONS AGAINST ATTORNEY JOHN A. KARACZYNSKI filed by Claimant DAS Corporation. (Greenberg, Gordon)
May 23, 2011 Filing 752 OPPOSITION to MOTION for Contempt against ERIC HONIG IN HIS CAPACITY AS THE ATTORNEY FOR THE KIM CLAIMANTS, CHRISTOPHER KIM, and ALEXANDRIA INVESTMENT, LLC #742 filed by Claimants Alexandria Investment LLC, Christopher Kim, Se Young Kim, Young Ai Kim, Bora Lee, Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
May 20, 2011 Opinion or Order Filing 751 ORDER by Courtroom Clerk. The document is stricken. Counsel is instructed to review Local Rule 37 prior to re-filing the motion. RE: MOTION for Order for accounting by production of bank records #744 (ch)
May 19, 2011 Filing 750 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of motion to compel #744 . The following error was found: Hearing information is incorrect, should be set before Magistrate Judge. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir)
May 17, 2011 Filing 749 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Errata #748 . The following error was found: Incorrect event selected. The correct event is: Other Filings - Misc Filings (Non-Motion) - Errata. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir)
May 17, 2011 Filing 748 NOTICE of Errata, missing page in document 744 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 16, 2011 Filing 747 NOTICE OF LODGING filed re MOTION for Contempt against ERIC HONIG IN HIS CAPACITY AS THE ATTORNEY FOR THE KIM CLAIMANTS, CHRISTOPHER KIM, and ALEXANDRIA INVESTMENT, LLC #742 (Attachments: #1 Proposed Order)(Lee, Mary)
May 16, 2011 Filing 746 NOTICE OF LODGING filed re MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski #743 (Attachments: #1 Proposed Order)(Lee, Mary)
May 16, 2011 Filing 745 NOTICE OF MOTION AND MOTION for Order for Requiring DAS corporation to deposit with Clerk Of District Court 14 billion Korean Won at the United States Dollar Exchange Rate and sanctions and penalities against DAS and it's attorneys filed by Claimant Optional Capital Inc. Motion set for hearing on 6/13/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Rogari, Ralph)
May 16, 2011 Filing 744 NOTICE OF MOTION AND MOTION for Order for accounting by production of bank records filed by Claimant Optional Capital Inc. Motion set for hearing on 6/13/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Rogari, Ralph) Modified on 5/25/2011 (ch).
May 16, 2011 Filing 743 NOTICE OF MOTION AND MOTION for Contempt against DAS Corporation, William Mills, and John Karaczynski filed by Claimant Optional Capital Inc. Motion set for hearing on 6/13/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Lee, Mary)
May 16, 2011 Filing 742 NOTICE OF MOTION AND MOTION for Contempt against ERIC HONIG IN HIS CAPACITY AS THE ATTORNEY FOR THE KIM CLAIMANTS, CHRISTOPHER KIM, and ALEXANDRIA INVESTMENT, LLC filed by Claimant Optional Capital Inc. Motion set for hearing on 6/13/2011 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Lee, Mary)
May 6, 2011 Filing 741 REPORT of By Government Re: Request to Investigate Transaction in Credit Suisse Account filed by Plaintiff United States of America. (Tait, Monica)
May 2, 2011 Filing 740 MINUTES OF STATUS CONFERENCE held before Judge Audrey B. Collins: The Court ORDERS the following: The Court ORDERS that no party is to interfere with or disturb whatever monies remain in the Credit Suisse accounts, except to the extent necessary to bring the monies under this Court's control, as described in the next paragraph. Eric Honig, in his capacity as counsel to Christopher Kim and Alexandria Investment LLC, is hereby ORDERED to request that Christopher Kim bring whatever funds remain in Alexandria Investment LLC's Credit Suisse account into this Court's jurisdiction, by, for example, transferring the monies to the Clerk of Court. The Court REQUESTS that the Government investigate the transaction in Switzerland by which approximately 14 billion Korean won were transferred from Alexandria Investment LLC's Credit Suisse account to DAS Corporation. The Government is hereby ORDERED to e-file a report this week with an estimated time-frame for the investigation. The Court GRANTS the Government's oral request to file an amicus brief in connection with any motion regarding lien priority. The Court would also entertain a motion to intervene from the Government, or a motion to liquidate assets and deposit the proceeds with the Clerk of Court. Optional Capital may wish to file motions as follows: (1) seeking action from the Court with respect to the Credit Suisse accounts and/or the monies received by DAS, based on several possible grounds discussed; (2) seeking an accounting of the Credit Suisse accounts; and/or (3) moving for an order of contempt against parties and/or counsel based on the developments in Switzerland. The parties are ORDERED to meet and confer on any of the Optional motions no later than Friday, May 6, 2011. Optional is to file any of the above motions no later than May 16, 2011. Oppositions are due no later than May 23, 2011. Replies are due no later than May 31, 2011. The motions are to be set for hearing on Monday, June 13, 2011, at 10:00 a.m. Court and counsel confer regarding the bankruptcy proceedings filed by Erica Kim on April 29, 2011. The Court also hears from East West Bank on that matter. The Court having heard from counsel and claimant, acknowledges the automatic stay of proceedings triggered by Erica Kim's April 29, 2011 filing for bankruptcy. The Court hereby STAYS the matter as to Erica Kim's assets ONLY. All counsel are hereby ORDERED to provide the Government with copies of all documents efiled in the above cases. (see document for further details) Court Reporter: Katherine Stride. (bm)
April 29, 2011 Filing 739 RESPONSE filed by Claimant DAS Corporationto Report, #732 DAS CORPORATION'S RESPONSE TO OPTIONAL CAPITAL'S "SUPPLEMENTAL STATUS REPORT" (Mills, William)
April 29, 2011 Filing 737 RESPONSE filed by Intervenor Parties Eric Honig, Law Office of Eric Honigto Minutes of In Chambers Order/Directive - no proceeding held,,,, #735 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Honig, Eric)
April 29, 2011 Filing 736 RESPONSE filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Leeto Minutes of In Chambers Order/Directive - no proceeding held,,,,, #733 , Report, #732 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Honig, Eric)
April 28, 2011 Opinion or Order Filing 735 MINUTE ORDER IN CHAMBERS RE: RECENT NINTH CIRCUIT OPINION by Judge Audrey B. Collins: The Court brings to the parties' attention U.S. v. $186,416.00 in U.S. Currency, 2011 WL 1549235 (9th Cir. 2011), issued on April 26, 2011. Therein, the Ninth Circuit held that attorney fees awarded under the Civil Asset Forfeiture Reform Act ("CAFRA") are payable to the claimant, not to the claimant's attorney. This court's July 19, 2010 Order held that attorney's fees were payable directly to the Kim Claimants' counsel rather than to the Kim Claimants; thereafter, counsel and the Government entered into a stipulation regarding the payment of some of the Kim Claimants' fees. A status conference is currently set for Monday, May 2, 2011, at 10:00 a.m. The Court would like the parties to be prepared to discuss at the status conference the implications of $186,416.00 in U.S. Currency on this case. The Government is also of course invited to attend and participate in the status conference should it wish to be heard on this matter. (bm)
April 28, 2011 Filing 734 FOLLOW-UP REPORT FROM GOVERNMENT REPORT of Credit Suisse Accounts filed by Plaintiff United States of America. (Tait, Monica)
April 27, 2011 Opinion or Order Filing 738 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #446 filed by United States of America, CCA # 08-55669. Claimants' motion for attorney fees is granted. The determination of the amount to be awarded is referred to the Appellate Commissioner, who shall issue an order after conducing whatever proceedings he deems appropriate. See 9th Cir. R. 39-1.9; see also United States v. $186,416 in U.S. Currency, No. 07-56549, slip op. 5389, 5390(9th Cir. Apr. 26, 2011). The order is subject to reconsideration by the panel. See 9th Cir. R. 39-1.9. Order received in this district on 4/27/2011. (lr)
April 25, 2011 Opinion or Order Filing 733 MINUTE ORDER IN CHAMBERS: ORDER RE: JOINT REPORT AND OPTIONAL SUPPLEMENTAL REPORT by Judge Audrey B. Collins:The Court has received the parties Joint Report, filed April 18, 2011, and Optional's Supplemental Report, filed April 21, 2011. While declining to state expressly that it has obtained the funds from the Credit Suisse accounts, it appears that that is what DAS has achieved. As all parties to this action are aware, the Court has retained in rem jurisdiction over the seized properties, including the Credit Suisse accounts. As such, DAS's and the Kim Claimants apparent interference with these funds is troubling. The Court is also dismayed at both DAS's and the Kim Claimants' lack of candor: both were silent on this crucial issue until the Court ordered the additional status report. The Court expects, and ORDERS, DAS and the Kim Claimants to fully explain the status of the Credit Suisse accounts at the Status Conference on Monday, May 2, 2011. Failure to cooperate will result in consequences which may include, but are not limited to, an Order to Show Cause re: Contempt, referral to the state bar, and the Court's request that the United States Attorney investigate the actions taken by DAS, any Kim parties, and counsel. Counsel should remember that their credibility before the court is their most important asset. (lw)
April 21, 2011 Filing 732 Supplemental Status REPORT filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Exhibit "3", #4 Exhibit "4", #5 Exhibit "5", #6 Exhibit "6", #7 Exhibit "7")(Lee, Mary)
April 18, 2011 Filing 731 STATUS REPORT AMENDED filed by Claimant Christopher Kim. (Attachments: #1 Memorandum, #2 Memorandum, #3 Memorandum, #4 Memorandum, #5 Memorandum)(Honig, Eric)
April 18, 2011 Filing 730 STATUS REPORT filed by Claimant Christopher Kim. (Attachments: #1 Memorandum, #2 Memorandum, #3 Memorandum, #4 Memorandum, #5 Memorandum)(Honig, Eric)
April 15, 2011 Opinion or Order Filing 729 MINUTE ORDER IN CHAMBERS RE: REPORT FROM GOVERNMENT ON STATUS OF CREDIT SUISSE ACCOUNTS by Judge Audrey B. Collins: The Court has received the Government's helpful report concerning the status of the Credit Suisse accounts, filed on April 11, 2011. Having reviewed the report, the Court notes that the Government may receive clarification regarding the "release" of the funds, and the Swiss litigation in general. See Tait Decl. 4, 6. The Court hereby ORDERS the Government to file a follow-up report with any such additional information no later than April 28, 2011. (bm)
April 11, 2011 Opinion or Order Filing 728 MINUTES: ORDER GRANTING EX PARTE APPLICATION #722 (In Chambers): DAS is ORDERED to comply with the Courts March 24, 2011, minute order by contributing to the Joint Report and appearing at the May 2 status conference IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
April 11, 2011 Filing 727 REPORT of From Government on Status of Credit Suisse Accounts; Declaration and Exhibits filed by Plaintiff United States of America. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Tait, Monica)
April 8, 2011 Filing 726 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging #723 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order should be a separate, additional attachment to the Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
April 8, 2011 Filing 725 REPLY in support of EX PARTE APPLICATION for Order for directing DAS Corporation to comply with the Court's Order dated March 24, 2011 #722 filed by Claimant Optional Capital Inc. (Lee, Mary)
April 7, 2011 Filing 724 OPPOSITION to EX PARTE APPLICATION for Order for directing DAS Corporation to comply with the Court's Order dated March 24, 2011 #722 filed by Claimants Alexandria Investment LLC, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Honig, Eric)
April 7, 2011 Filing 723 NOTICE OF LODGING filed re EX PARTE APPLICATION for Order for directing DAS Corporation to comply with the Court's Order dated March 24, 2011 #722 (Lee, Mary)
April 7, 2011 Filing 722 EX PARTE APPLICATION for Order for directing DAS Corporation to comply with the Court's Order dated March 24, 2011 filed by Claimant Optional Capital Inc.(Lee, Mary)
April 6, 2011 Opinion or Order Filing 721 ORDER DIRECTING INTERVENORS HONIG LAW OFFICE TO JOIN IN PARTIES' JOINT STATUS REPORT by Judge Audrey B. Collins: IT IS HEREBY ORDERED that the Honig Law Office shall join in the parties Joint Status Report ordered by this Court to be filed by April 18, 2011, and set forth its respective positions in said report as ordered in the Court's March 24, 2011 minute order entered in this action....granting #716 Ex Parte Application for Order. (lw)
April 6, 2011 Filing 720 REPLY in support EX PARTE APPLICATION for Order for directing intervenor to join in joint status report #716 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
April 6, 2011 Filing 718 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for directing intervenor to join in joint status report #716 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit A)(Rogari, Ralph)
April 5, 2011 Opinion or Order Filing 719 MINUTE ORDER IN CHAMBERS REOPENING/CLOSING by Judge Audrey B. Collins: Other: Case should have been reopened pursuant to Mandate of 9TH CCA on 1/28/11-Document 706. Make JS-5 (Case reopened. MD JS-5.) (bm)
April 5, 2011 Filing 717 NOTICE OF LODGING filed re EX PARTE APPLICATION for Order for directing intervenor to join in joint status report #716 (Attachments: #1 Proposed Order)(Honig, Eric)
April 5, 2011 Filing 716 EX PARTE APPLICATION for Order for directing intervenor to join in joint status report filed by Intervenors Eric Honig, Law Office of Eric Honig. (Attachments: #1 Exhibit)(Honig, Eric)
April 5, 2011 Filing 715 NOTICE of Association of Counsel associating attorney Eric Honig on behalf of Intervenor Parties Eric Honig, Law Office of Eric Honig. Filed by Intervenor Parties Eric Honig, Law Office of Eric Honig (Honig, Eric)
April 4, 2011 Filing 714 WITHDRAWAL of filed by Claimant DAS Corporation. (Mills, William)
March 25, 2011 Opinion or Order Filing 713 MINUTE ORDER IN CHAMBERS re ORDER FOR REPORT FROM GOVERNMENT ON STATUS OF CREDIT SUISSE ACCOUNTS by Judge Audrey B. Collins: Yesterday, the Court issued a minute order ordering the remaining parties to meet and confer and setting a status conference. Although the Governments case is dismissed, the Court would like to hear from the Government about the status of the Credit Suisse accounts. Specifically, following the remand from the Ninth Circuit, the Court must adjudicate the competing claims to the properties. Among these properties are all funds in the Credit Suisse accounts. These accounts were frozen by a Swiss magistrate pursuant to an MLAT request made by the Government. The Court hereby ORDERS the Government to file a report addressing the following issues, to the extent it has knowledge: 1. Is the MLAT request still operative or has it been withdrawn? 2. Are the Credit Suisse accounts still frozen? 3. Have any other authorities issued any other order to freeze the accounts? 4. Does the Government have access to an accounting of the funds? The Government's report must be filed no later than April 11, 2011. (bm)
March 24, 2011 Opinion or Order Filing 712 MINUTE ORDER IN CHAMBERS VACATING MARCH 28, 2011 STATUS CONFERENCE by Judge Audrey B. Collins: The Court has reviewed the parties' status reports in preparation for the March 28, 2011 status conference: a joint report submitted by the Kim Claimants and DAS, and a separate report filed by Optional. Although the minute order setting the status conference did not specify that the parties should meet and confer before filing the joint report, doing so clearly would have made the joint report more useful. As it stands, the Kims and Optional are talking past each other, and DAS has not said anything of substance. Having reviewed the reports, it is clear that there is no consensus as to how to proceed. The status conference set for March 28 is hereby VACATED. Conducting a conference on Monday would be a waste of this court's limited time and resources. The parties are ORDERED to meet and confer and to submit a true joint status report. Among the issues to be discussed by the parties and reported to the court are: (see document for further details). The parties' deadline for their meeting to confer on the above topics is Monday April 4, 2011. The parties' joint status report must be filed by Monday April 18, 2011. A status conference is hereby set for Monday May 2, 2011, at 10:00 a.m. (bm)
March 21, 2011 Filing 711 REPORT of Status Conference Report filed by Claimant Optional Capital Inc. (Rogari, Ralph)
March 21, 2011 Filing 710 STATUS REPORT jointly filed by Claimants DAS Corporation, First Stephora Avenue Inc, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee, Intervenor Parties Eric Honig, Law Office of Eric Honig. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
February 25, 2011 Filing 709 NOTICE Suppemental Notice of Judgment Lien in favor of Claimant OPtional Capital filed by Claimant Optional Capital Inc. (Rogari, Ralph)
February 25, 2011 Opinion or Order Filing 708 MINUTE ORDER IN CHAMBERS: STATUS CONFERENCE FOLLOWING RESOLUTION OF APPEALS by Judge Audrey B. Collins: On January 31, 2011, the Court received the Ninth Circuits Mandate and Order resolving the appeals pending in the above-referenced related cases. The Court hereby SETS a status conference for Monday, March 28, 2011, at 10:00 a.m. to discuss moving the case forward.In preparation for the status conference, the parties are ORDERED to review the Ninth Circuit's Order and to file a Joint Status report setting forth their respective positions no later than Monday, March 21, 2011. (lw)
February 1, 2011 Filing 707 NOTICE OF LIEN filed by Claimant Optional Capital Inc. (Rogari, Ralph)
January 28, 2011 Filing 706 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #608 CCA # 09-56645. The decision of the district court is reversed, remanded and affirmed. The court also deny's Optioal's motion for reassignment. Mandate received in this district on 1/28/2011. (dmap)
January 20, 2011 Opinion or Order Filing 705 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #608 filed by DAS Corporation, CCA # 09-56645, 09-56792. The panel has voted to deny Appellees' petition for panel rehearing. Judges Pregerson and Graber have to deny the Appellees' petition for rehearing en banc, and ?Judge Ripple has so recommended. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Appellees' petition for panel rehearing and petition for rehearing en banc are DENIED. Order received in this district on 1/19/2011. (lr)
November 24, 2010 Opinion or Order Filing 704 ORDER from 9th CCA filed, CCA # 07-55390, 07-55424, 07-55714 and 07-55872. Within 14 days after the court's decision in appeal number 10-56467, the parties shall file status reports with request for appropriate relief concerning payment of the fee award in this order. See the order for details. (dmap)
October 26, 2010 Filing 703 NOTICE of Change of Attorney Information for attorney Mary Lee counsel for Claimant Optional Capital Inc. Changing E-mail to leemarylaws@aol.com. Filed by Claimant Optional Capital, Inc. (Lee, Mary)
September 21, 2010 Filing 702 JUDGMENT FOR ATTORNEY'S FEES IN FAVOR OF LAW OFFICES OF ERIC HONIG AND ERIC HONIG RELATING TO INTERVENTION MATTER by Judge Audrey B. Collins, in favor of Eric Honig against United States of America Related to: Stipulation for Judgment, #701 : The Court having reviewed the accompanying stipulation between plaintiff United States of America and intervenors Eric Honig and Law Offices of Eric Honig, APLC (collectively, "Intervenors") for entry of this Judgment hereby finds as follows: On July 19, 2010, the Court entered an order permitting Intervenors to intervene as of right in these consolidated actions pursuant to Fed. R. Civ. P. 24(a) (docket no. 689 in CV 04-2878). In the same order, the Court held that attorney fee awards ordered in this action by this Court to the Kim Claimants pursuant to 28 U.S.C. 2465(b) belong and should be paid directly to Intervenors. It is the intent of the United States and Intervenors to resolve the Intervention Attorneys Fees by their accompanying Stipulation (the "agreement") and this Judgment. Pursuant to the parties' Stipulation, judgment is hereby entered for Intervention Attorney's Fees in favor of Intervenors and against the United States in the amount of $159,760.98 (the "Settlement Amount"). In consideration of the agreement, Intervenors and their counsel have released and waived any claim either or them may have for attorneys fees in connection with the Wrongful Levy Action to and including the date of entry of this Judgment. Except as specifically provided above, each party shall bear its own costs of litigation and attorney's fees. Each party waives its right to appeal this Judgment. The Court retains jurisdiction over the intervention matter and the parties hereto to effectuate the terms of the agreement. (see document for further details) (bm)
September 20, 2010 Filing 701 STIPULATION for Judgment as to Attorney's Fees in Favor of Law Offices of Eric Honig and Eric Honig Relating to Intervention Matter filed by Plaintiff United States of America. (Attachments: #1 [Proposed] Judgment for Attorney's Fees in Favor of Law Offices of Eric Honig and Eric Honig Relating to Intervention Matter)(Tait, Monica)
September 20, 2010 Filing 700 Civil Appeals Docketing Statement received from plaintiff United States of America forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #698 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lee, John)
September 17, 2010 Filing 699 NOTIFICATION by Circuit Court of Appellate Docket Number 10-56467, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #698 as to Plaintiff United States of America. (lr)
September 16, 2010 Filing 698 NOTICE OF APPEAL to the 9th CCA filed by plaintiff United States of America. Appeal of Order,, #689 , Order,,,,,,,,,, #694 (Appeal fee FEE WAIVED.) (Tait, Monica)
August 23, 2010 Opinion or Order Filing 697 ORDER by Judge Audrey B. Collins, having reviewed the Stipulation #696 . Deadline for Intervenors to file a motion for attorneys fees after the entry of judgment as to their participation in these cases is hereby further extended to 9/27/10. (ir)
August 20, 2010 Filing 696 STIPULATION for Order Extending Time for Intervenors Law Offices of Eric Honig, A.P.L.C. and Eric Honig to File a Motion for an Award of Attorney's Fees filed by PLAINTIFF United States of America. (Attachments: #1 Proposed Order Further Extending Time for Intervenors Law Offices of Eric Honig, A.P.L.C. and Eric Honig to File a Motion for an Award of Attorney's Fees)(Tait, Monica)
August 12, 2010 Opinion or Order Filing 695 ORDER from 9th CCA filed, CCA # 08-55669. The claimants' unopposed request to extend the deadline for filing a reply in support of their application for attorney fees is granted. The reply is due August 30, 2010. Order received in this district on 8/12/10. (car)
August 3, 2010 Opinion or Order Filing 694 ORDER DIRECTING PAYMENT OF ATTORNEY FEE AWARDS by Judge Audrey B. Collins: NOTE: CHANGES MADE BY THE COURT. On July 19, 2010, the Court entered an order holding that attorney fee awards ordered in this action by this Court belong and should be paid directly to Intervenors Eric Honig and the Law Office of Eric Honig, APLC. Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that all attorney fees awarded in this action by this Court to the Kim claimants, including but not limited to the Court's $1,172,137.90 award (Docket No. 440) and its $282,650.00 award (Docket No. 657), plus all accrued interest on said awards, shall belong to and shall be paid directly to Eric Honig and the Law Office of Eric Honig, APLC; IT IS FURTHER ORDERED that the United States of America may not enforce or attempt to enforce any tax liens or levies based on the tax liabilities of the Kim claimants against attorney fees ordered in this action; IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 54(b), the instant order is final and appealable as to Intervenors' claims to attorney fee awards in this action, and there is no just reason for delay in entry of judgment regarding said fee awards; IT IS FURTHER ORDERED that execution of this final order is hereby stayed for 60 days pending the governments review of a decision whether to appeal this order, or if the order is appealed by the government, then execution is stayed until the issuance of the mandate by the Ninth Circuit Court of Appeals either dismissing such appeal or affirming this final order; IT IS FURTHER ORDERED that the above fees awards, which currently are in the registry and the control of this Court and held in an interest-bearing account, shall be paid directly to the Law Office of Eric Honig, APLC within seven (7) days after Intervenors file notice with this Court that execution of this order is no longer stayed according to the terms stated above; IT IS FURTHER ORDERED that any check for payment of said fees shall be made payable to "Law Office of Eric Honig, APLC" and, unless alternative arrangements are made with the Clerk of Court, mailed to the Law Office of Eric Honig, P.O. Box 10327, Marina del Rey, CA 90295; IT IS FURTHER ORDERED that to the extent that attorneys fees are paid to Intervenors pursuant to this Order, such payments reduce thereby the amount of Intervenors' claim on the Forfeiture Assets described in the Court's July 19, 2010 Order. (bm)
July 29, 2010 Opinion or Order Filing 693 ORDER by Judge Audrey B. Collins: IT IS HEREBY ORDERED that pursuant to Rules 6(b) and 54(d)(2)(B), Federal Rules of Civil Procedure, the deadline for Intervenors to file a motion for attorneys fees after the entry of judgment as to their participation in these cases shall be no earlier than August 30, 2010. (ir)
July 26, 2010 Filing 692 STIPULATION for Order Extending Time for Intervenors Law Offices of Eric Honig, A.P.L.C. and Eric Honig to File a Motion for an Award of Attorneys Fees filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Extending Time for Intervenors Law Offices of Eric Honig, A.P.L.C. and Eric Honig to File a Motion for an Award of Attorneys Fees)(Tait, Monica)
July 26, 2010 Filing 691 NOTICE OF LODGING filed re Order,, #689 (Attachments: #1 Proposed Order)(Sherman, Janet)
July 19, 2010 Opinion or Order Filing 690 MINUTES: RE: THE GOVERNMENTS HANDLING OF THE DISPUTE BETWEEN IT AND MR. HONIG (In Chambers): Simultaneous with issuance of this minute order, the Court is issuing a published order resolving the dispute between the Government and Mr. Honig regarding ownership of the attorneys fees awarded in this case. The Court writes separately here to note its disappointment in the Governments handling of this dispute, as well as the dispute concerning priority in distribution of the Seized Properties. This dispute has been marred by an ever-changing set of arguments advanced by the Government both on themerits and procedural aspects of Honigs request for relief. The Court appreciates the Governments candor in admitting the erroneous nature of a number of the arguments it advanced. But it is also clear that the Governments ever-shifting positions placed a significant burden on both judicial resources and the parties resources. The Court reminds the Governments counsel that [t]he courts time is a public commodity which should not be squandered. United States v. Reeves, 636 F. Supp. 1575, 1578 (E.D. Ky. 1986). As such, the Court expects parties to fully research and evaluate their positions prior to asserting them. (See document for further details) IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
July 19, 2010 Opinion or Order Filing 689 ORDER RECONSIDERING DENIAL OF MOTION TO INTERVENE AND PROVIDING CERTAIN RELIEF TO THE KIM CLAIMANTS' ATTORNEY by Judge Audrey B. Collins: For the foregoing reasons, the Court hereby RECONSIDERS its denial of Honig's motion to intervene into this case, and GRANTS the motion to intervene. The Court ORDERS that the Fee Awards are payable directly to Honig. Honig is ORDERED to submit a proposed order regarding disbursement of the Fee Awards currently deposited with the Court Clerk. The Court DENIES as unripe Honig's request for a ruling that his interests in the Seized Properties are superior to the Government's interest. (see document for further details) (bm)
June 30, 2010 Filing 688 NOTICE of Change of Attorney Information for attorney William K Mills counsel for Claimant DAS Corporation. Regina A. Leago will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Regina A. Leago is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Claimant DAS Corporation (Mills, William)
June 30, 2010 Filing 687 NOTICE of Change of Attorney Information for attorney William K Mills counsel for Claimant DAS Corporation. Stuart H. Baggish will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Stuart H. Baggish is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Claimant DAS CORPORATION (Mills, William)
June 30, 2010 Filing 686 NOTICE of Change of Attorney Information for attorney William K Mills counsel for Claimant DAS Corporation. Changing Parker Shumaker Mills LLP to 801 S. Figueroa St., Suite 1200, Los Angeles, CA 90017. Changing e-mail to mills@psmlawyers.com. Adding William K. Mills as attorney as counsel of record for DAS Corporation for the reason indicated in the G-06 Notice. Filed by Claimant DAS Corporation (Mills, William)
June 17, 2010 Filing 684 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiffs' Position Upon Court's Reconsideration #682 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
June 16, 2010 Opinion or Order Filing 685 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #644 filed by Optional Capital Inc, Notice of Appeal to 9th Circuit Court of Appeals #608 filed by DAS Corporation, CCA # 09-56645, 09-56792. Order received in this district on 6/16/10. The appellants' motion to file the opening brief one day late is granted. Answering is due July 15, 2010. Optional reply brief is due within 14 days after service of the answering brief. (cbr)
June 16, 2010 Filing 683 REQUEST FOR JUDICIAL NOTICE Governments Request That the Court Take Judicial Notice of Filings in Related Wrongful Levy Case (CV 09-7568) filed by Plaintiff United States of America. (Tait, Monica)
June 16, 2010 Filing 682 SUPPLEMENT to MOTION for Order for recognizing priority of liens #584 , MOTION to Intervene #635 filed by Intervenor Parties Eric Honig, Law Office of Eric Honig. (Honig, Eric)
June 10, 2010 Opinion or Order Filing 681 ORDER from 9th CCA filed, CCA # 08-55669. The government's unopposed motion for additional time to respond to the application for attorney fees is granted. The response is due August 6, 2010; any reply is due September 10, 2010. Order received in this district on 6/10/2010. (dmap)
June 9, 2010 Filing 680 MINUTES OF IN CHAMBERS ORDER re NOTICE OF INTENT TO RECONSIDER DENIAL OF MOTION TO INTERVENE held before Judge Audrey B. Collins: Accordingly, the Court hereby gives NOTICE to all parties that it intends to reconsider its denial of Honig's motion to intervene in the forfeiture action and for an order establishing his priority over the I.R.S. levies. The parties have already had the opportunity to fully brief that motion, and the Court is not inviting any further briefing on the merits of that motion at this time. The Court does, however, wish to hear from Honig and the Government regarding the disposition of the wrongful levy action. In the event that the Court grants Honig's motion to intervene and holds that Honig's interests in the Forfeiture Assets and the Fee Awards are superior to the Government's interests, that would appear to moot the separate wrongful levy action. The Court hereby ORDERS Honig and the Government to file with the Court no later than June 16, 2010 their positions on whether in those circumstances the Court should dismiss the wrongful levy action as moot, rule on the merits of the wrongfulness of the levies, and/or handle the wrongful levy action in some other manner. The papers must be no longer than 3 pages. (see document for further details) (bm)
June 9, 2010 Opinion or Order Filing 679 ORDER FOR DEPOSIT OF MARCH 26, 2008 ATTORNEY FEE AWARD TO COURT REGISTRY, PURSUANT TO FED.R.CIV.P. 67(a) by Judge Audrey B. Collins, re Stipulation #677 : IT IS ORDERED IT IS ORDERED that, because the parties are separately litigating ownership of the fee award in light of the I.R.S. levies imposed on it, pursuant to Fed.R.Civ.P. 67(a), the plaintiff United States of America shall deposit to this Court's registry $1,172,137.90 in attorney fees ordered in the Court's March 26, 2008 Joint Amended Judgment Re: Award of Attorney Fees; IT IS FURTHER ORDERED that the plaintiff shall deposit said amount within 30 days of the entry of this Order; and IT IS FURTHER ORDERED that the Clerks office, upon receipt, shall immediately deposit the funds in an interest-bearing account. (bm)
June 9, 2010 Filing 678 MINUTES OF IN CHAMBERS ORDER RE: REQUIREMENT TO PROVIDE MANDATORY CHAMBERS COPIES held before Judge Audrey B. Collins: On June 2, 2010, the Kim Claimants and the Government filed a stipulation and proposed order seeking to deposit with the Court attorneys fees awarded to the Kim Claimants. (Stip. (Docket # 677).) Unfortunately, no mandatory chambers copies were delivered to the Court. The Court has previously reminded the parties that they are required to submit mandatory chambers copies of all electronically filed documents. (See February 4, 2009 Minute Order (Docket # 565).) The Court reminds the parties again that, pursuant to General Order 08-02, parties must supply chambers with two mandatory chambers copies of all filed documents by noon the day after the documents are filed. See G.O. 08-02(IV)(D), as amended by G.O. 08-11. PLEASE BE ADVISED THAT FAILURE TO ADHERE TO THESE REQUIREMENTS MAY DELAY YOUR MATTER AND RESULT IN SANCTIONS. (bm)
June 2, 2010 Filing 677 STIPULATION for Disbursement of Funds to Clerk of Court filed by claimants Alexandria Investment LLC, Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim, Bora Lee. (Attachments: #1 Proposed Order)(Honig, Eric)
May 24, 2010 Opinion or Order Filing 676 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #446 filed by United States of America, CCA # 08-55669. Order received in this district on 5/21/10. Appellant's motion to voluntarily dismiss this appeal is granted. The copy of this order served on the district court shall act as and for the mandate of this court. The oral argument set for June 10, 2010, in Pasadena, California is vacated. (cbr)
April 13, 2010 Filing 673 NOTICE OF DEPOSIT TO COURT REGISTRY PURSUANT TO FED. R. CIV. P. 67 PURSUANT TO JANUARY 25, 2010 ORDER AND PRESERVATION OF RIGHTS OF OFFSET filed by plaintiff United States of America. (Attachments: #1 Exhibit 1)(Tait, Monica)
February 19, 2010 Filing 672 NOTICE OF FILING TRANSCRIPT filed for proceedings 08/23/06, 10:00 AM; 07/05/06, 10:00 AM; 08/16/06, 10:00 AM; 07/24/06, 10:00 AM (Stride, Katherine)
February 19, 2010 Filing 671 TRANSCRIPT for proceedings held on 07/24/2006; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Stride, Katherine)
February 19, 2010 Filing 670 TRANSCRIPT for proceedings held on 08/16/2006; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Stride, Katherine)
February 19, 2010 Filing 669 TRANSCRIPT for proceedings held on 07/05/2006; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Stride, Katherine)
February 19, 2010 Filing 668 TRANSCRIPT for proceedings held on 08/23/06; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/12/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/20/2010. (Stride, Katherine)
February 18, 2010 Filing 667 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/03/2005, 10:00 AM; 10/24/2005, 10:00 AM;11/24/2008, 10:00 AM; 11/25/2008, 10:00 AM; 09/21/2009, 10:00 AM; 09/19/2005, 10:00 AM; 08/22/2005 10:00 AM (Stride, Katherine)
February 18, 2010 Filing 666 TRANSCRIPT for proceedings held on 09/19/05; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 18, 2010 Filing 665 TRANSCRIPT for proceedings held on 08/22/2005; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 18, 2010 Filing 664 TRANSCRIPT for proceedings held on 09/21/2009; 10:00. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 18, 2010 Filing 663 TRANSCRIPT for proceedings held on 11/25/2008; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 18, 2010 Filing 662 TRANSCRIPT for proceedings held on 11/24/2008; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 18, 2010 Filing 661 TRANSCRIPT for proceedings held on 10/24/2005; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 18, 2010 Filing 660 TRANSCRIPT for proceedings held on 10/03/2005; 10:00 AM. Court Reporter/Electronic Court Recorder: Katherine M. Stride, phone number 213-625-0677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2010. Redacted Transcript Deadline set for 3/21/2010. Release of Transcript Restriction set for 5/19/2010. (Stride, Katherine)
February 16, 2010 Opinion or Order Filing 659 ORDER EXTENDING TIME SET FORTH IN JANUARY 25, 2010 ORDER RE: MOTION FOR ATTORNEY'S FEES FOR DEPOSIT TO COURT REGISTRY by Judge Audrey B. Collins, re Stipulation, #658 : The court having reviewed the stipulation and request of plaintiff United States of America and the Kim claimants requesting entry of this order, IT IS HEREBY ORDERED that the Court hereby alters the deadline set forth in the final paragraph of its January 25, 2010 Order Re: Motion for Attorney's Fees (docket no. 657) to extend the date set forth therein from March 26, 2010 (the date that is "within 60 days of the issuance of" the Order) to and including April 26, 2010. The government has agreed that the time for appeal of the January 25, 2010 Order runs from January 25, 2010, and not from the date of entry of this Order. (bm)
February 11, 2010 Filing 658 STIPULATION for Order Extending Time Set Forth in January 25, 2010 Order RE: Motion for Attorney's Fees for Deposit to Court Registry filed by PLAINTIFF United States of America. (Attachments: #1 Proposed Order Extending Time Set Forth in January 25, 2010 Order RE: Motion for Attorney's Fees for Deposit to Court Registry)(Tait, Monica)
January 25, 2010 Opinion or Order Filing 657 MINUTES: REGARDING MOTION FOR ATTORNEY'S FEES (In Chambers) The Court GRANTS in part and DENIES in part the Motion #615 ; The Court hereby awards attorneys fees in the amount of $282,650 to be paid by the Government. As the parties are separately litigating ownership of the fee award in light of the I.R.S. levies imposed on it, the Government shall deposit the money with the Court within 60 days of the issuance of this order pursuant to the procedure outlined in Fed. R. Civ. P. 67(a) IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
January 14, 2010 Opinion or Order Filing 675 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #446 filed by United States of America, CCA # 08-55669. Appellees' November 12, 2009 motion is granted. The stay of appellate proceedings is lifted. Briefing is completed. Order received in this district on 5/19/2010. (lr)
January 7, 2010 Filing 656 AMENDED MINUTES held before Judge Audrey B. Collins re: Order on Motion for Attorney Fees, #655 : Pending before the Court is a motion for attorney's fees. (Docket # 615). That motion has now been fully briefed. The Court finds the motion is appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); Local Rule 7-15. The Court therefore VACATES the hearing set for January 11, 2010, and takes the motion UNDER SUBMISSION. (bm)
January 7, 2010 Opinion or Order Filing 655 MINUTES (IN CHAMBERS) ORDER by Judge Audrey B. Collins taking under submission #615 Motion for Attorney Fees: Pending before the Court is a motion for attorney's fees. (Docket # 615). That motion has now been fully briefed. The Court finds the motion is appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); Local Rule 7-15. The Court therefore VACATES the hearing set for January 11, 2010, and takes the motion UNDER SUBMISSION. (bm)
December 17, 2009 Opinion or Order Filing 654 MINUTES (IN CHAMBERS) ORDER by Judge Audrey B. Collins denying #635 MOTION TO INTERVENE, CONSOLIDATE, AND REMOVE LEVIES: Currently pending before the Court is a motion to intervene, consolidate, and remove levies filed by Eric Honig and Law Offices of Eric Honig, APLC (collectively, "Honig"). (See Docket # 635). The Government and Optional Capital opposed the motion. (See Docket # 648-49). Honig filed replies. (See Docket # 650-51). The Court finds the motion appropriately resolved without oral argument and VACATES the hearing set for December 21, 2009. See Local Rule 7-15. Having reviewed the papers and the case file, the Court hereby DENIES the motion. For the reasons discussed above, the motion to intervene is DENIED. Honig's concurrently filed motions to consolidate and for determination of wrongful levy are contingent on the motion to intervene. See, e.g., Reply to Gov. Opp'n at 17 ("assuming that [the] motion to intervene is granted, [movant's] wrongful levy action should be consolidated"). Accordingly, those requests are DENIED as moot. (see document for further details) (bm)
December 4, 2009 Filing 653 NOTICE of Appearance filed by attorney Janet S Sherman on behalf of Intervenor Parties Law Office of Eric Honig, Eric Honig (Sherman, Janet)
December 3, 2009 Filing 652 MINUTES OF IN CHAMBERS ORDER RE: HEARING ON PENDING MOTION TO INTERVENE, CONSOLIDATE, AND REMOVE LEVIES held before Judge Audrey B. Collins: Currently pending before the Court is a motion to intervene, consolidate, and remove levies that is currently set for hearing on December 7, 2009. (See Docket # 635). As a result of conflicting duties required of the Chief Judge, the Court hereby CONTINUES that hearing date to Monday, December 21, 2009, at 10:00 a.m. (bm)
November 29, 2009 Filing 651 REPLY in support of MOTION to Intervene #635 filed by Intervenor Parties Law Office of Eric Honig, Eric Honig. (Attachments: #1 Exhibit)(Sherman, Janet)
November 29, 2009 Filing 650 REPLY in support of MOTION to Intervene #635 filed by Intervenor Parties Law Office of Eric Honig, Eric Honig. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Sherman, Janet)
November 16, 2009 Filing 649 OPPOSITION to MOTION to Intervene #635 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
November 16, 2009 Filing 648 OPPOSITION to MOTION to Intervene #635 , Consolidate, and for Order Removing Wrongful Levies, filed by Plaintiff United States of America. (Attachments: #1 Declaration of Monica E Tait, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 2)(Lee, John)
November 13, 2009 Filing 647 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56792, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #644 as to CLAIMANT Optional Capital Inc. (lra)
November 12, 2009 Filing 646 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #644 . (Lee, Mary)
November 12, 2009 Filing 645 Civil Appeals Docketing Statement received from Claimant Optional Capital Inc forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #644 (Lee, Mary)
November 12, 2009 Filing 644 NOTICE OF APPEAL to the 9th CCA filed by Claimant Optional Capital Inc. (Filing fee $455, receipt number 09730000000006141608.) (Lee, Mary)
November 6, 2009 Opinion or Order Filing 643 ORDER by Judge Audrey B. Collins: The court having reviewed the stipulation Stipulation #642 , IT IS HEREBY ORDERED that: the November 23, 2009 hearing date for the MOTION to Intervene #635 is vacated. The Motion shall be heard on December 7, 2009 at 10:00 a.m.; the Government's Opposition is due November 16, 2009; and the Reply is due November 30, 2009. (mg)
November 4, 2009 Filing 642 STIPULATION to Continue Hearing and Adjust Briefing Schedule for Motion by Movants and Intervenors Law Office of Eric Honig, APLC and Eric Honig to Intervene, Consolidate Cases, and for Order Removing Wrongful Levies from 11/23/2009 to 12/07/2009 filed by PLAINTIFF United States of America. (Attachments: #1 Proposed Order Continuing Hearing and Adjusting Briefing Schedule for Motion by Movants and Intervenors Law Office of Eric Honig, APLC and Eric Honig to Intervene, Consolidate Cases, and for Order Removing Wrongful Levies)(Tait, Monica)
November 3, 2009 Opinion or Order Filing 641 MINUTES: REGARDING HEARING ON PENDING MOTION FOR ATTORNEY'S FEES (In Chambers); Currently pending before the Court is the Kim Claimants motion for attorneys fees scheduled for hearing on November 9, 2009 #615 . As a result of conflicting duties required of the Chief Judge, the Court hereby CONTINUES that hearing date to Monday, January 11, 2010, at 10:00 a.m. IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
November 3, 2009 Opinion or Order Filing 640 MINUTES: REGARDING STAY PENDING APPEAL (In Chambers) DAS's motion for a stay #613 is GRANTED and the Kim Claimants' request for the posting of a bond is DENIED. The parties are to notify the Court within ten days of the Ninth Circuit's determination of the appeal IT IS SO ORDERED by Judge Audrey B. Collins. (ir)
November 2, 2009 Filing 639 REPLY support MOTION to Stay pending of Judgments Pending Appeal #613 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
November 2, 2009 Filing 638 DECLARATION of William K. Mills In Support MOTION to Stay pending of Judgments Pending Appeal #613 Supplemental filed by Claimant DAS Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Mills, William)
November 2, 2009 Filing 637 REPLY In Support MOTION to Stay pending of Judgments Pending Appeal #613 filed by Claimant DAS Corporation. (Mills, William)
November 2, 2009 Filing 636 NOTICE OF LODGING filed re MOTION to Intervene #635 (Attachments: #1 Proposed Order)(Sherman, Janet)
November 2, 2009 Filing 635 NOTICE OF MOTION AND MOTION to Intervene filed by intervenors Law Office of Eric Honig, Eric Honig. Motion set for hearing on 11/23/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Sherman, Janet)
November 2, 2009 Filing 634 REPLY in support MOTION for Attorney Fees #615 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Honig, Eric)
October 27, 2009 Filing 632 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 8/22/05, 9/19/05, 10/3/05, 10/24/05, 7/5/06, 7/24/06, 8/16/06, 8/23/06, 9/18/06, 11/24/08, 11/25/08 & 9/21/09; Court Reporter: Katherine Stride; Court of Appeals Case Number: 09-56645; Re: #608 (Mills, William)
October 26, 2009 Filing 631 OPPOSITION to MOTION for Attorney Fees #615 filed by Plaintiff United States of America. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Lee, John)
October 26, 2009 Filing 630 OPPOSITION to MOTION to Stay pending of Judgments Pending Appeal #613 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Honig, Eric)
October 20, 2009 Filing 627 NOTICE OF CLERICAL ERROR: Due to clerical error documents have been corrected as indicated below: Re: Order on Motion for Attorney Fees #622 . The Clerk inadvertently processes an order for attorney fees prematurely; this motion has been reopened and is still pending before the Court; the docket entry and document #622 are hereby stricken from the record. (bm)
October 19, 2009 Opinion or Order Filing 626 ORDER by Judge Audrey B. Collins granting #612 DAS CORPORATION'S EX PARTE APPLICATION FOR AN INTERIM ORDER STAYING JUDGMENTS: The Stay Motion is hereby GRANTED. IT IS HEREBY ORDERED that the Courts Final Judgments in the instant consolidated actions dated October 13, 2009 (Dkt. # 605 and 606) (collectively the "Judgments") are hereby stayed pending a hearing and a decision on the Stay Motion. (see document for further details) (bm)
October 19, 2009 Filing 625 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order on Motion to Stay Order #623 should be linked to document number 613. (yl) Modified on 10/20/2009 (ab).
October 19, 2009 Filing 624 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order on Motion for Attorney Fees #622 was issued in error. (yl)
October 19, 2009 Opinion or Order Filing 623 MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR A STAY OF THE JUDGMENTS PENDING APPEAL by Judge Audrey B. Collins Accordingly, the Kim Claimants' request that the motion be dismissed is DENIED. The motion is noticed for hearing on November 9, 2009 and the Kim Claimants may still file an opposition on the merits in accordance with the deadline provided by the local rules. Concurrent with the issuance of this minute order, the Court is also granting DAS's ex parte application for an interim stay until the Court can resolve the pending motion. (see document for further details) (bm) Modified on 10/19/2009 (yl). Modified on 10/20/2009 (ab).
October 19, 2009 Opinion or Order Filing 622 **(REFER TO NOTICE OF CLERICAL ERROR) ** ORDER by Judge Audrey B. Collins granting #615 Motion for Attorney Fees: Upon consideration of the motion of the Kim claimants for attorney fees based upon the Court's October 9, 2009 order granting summary judgment, et al, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the motion is granted; IT IS FURTHER ORDERED that the plaintiff government shall pay attorney fees to Eric Honig in the amount of $ $269,302.50; IT IS FURTHER ORDERED that the above attorney fees belong to Eric Honig alone and not to any of the claimants; IT IS FURTHER ORDERED that the above fees shall be paid directly to Mr. Honig by the plaintiff government within thirty (30) days of the entry of this judgment; IT IS FURTHER ORDERED that any check for payment of said fees shall be made payable to "Law Office of Eric Honig," and, unless alternative arrangements are made by Mr. Honig with the government, mailed to the Law Office of Eric Honig, P.O. Box 10327, Marina del Rey, CA 90295. ***DOCKET ENTRY AND DOCUMENT ARE STRICKEN FROM THE RECORD, PURSUANT TO COURT ORDER DATED 10/20/09, DOCUMENT #627 .*** (bm) Modified on 10/19/2009 (yl). Modified on 10/20/2009 (bm).
October 19, 2009 Filing 621 NOTICE of Change of Attorney Information for attorney Steven R Welk counsel for Plaintiff UNITED STATES OF AMERICA. Steven R. Welk will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Steven R. Welk is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff United States of America (Welk, Steven)
October 19, 2009 Filing 620 JOINDER in MOTION to Stay pending of Judgments Pending Appeal #613 filed by Claimant Optional Capital Inc. (Lee, Mary)
October 19, 2009 Filing 619 JOINDER in EX PARTE APPLICATION to Stay pending an Interim Order Staying Judgment #612 filed by Claimant Optional Capital Inc. (Lee, Mary)
October 18, 2009 Filing 618 OPPOSITION to MOTION to Stay pending of Judgments Pending Appeal #613 Request for Dismissal filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
October 18, 2009 Filing 617 opposition in opposition to re: EX PARTE APPLICATION to Stay pending an Interim Order Staying Judgment #612 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
October 18, 2009 Filing 616 NOTICE OF LODGING filed re MOTION for Attorney Fees #615 (Attachments: #1 Proposed Order)(Honig, Eric)
October 18, 2009 Filing 615 NOTICE OF MOTION AND MOTION for Attorney Fees filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Honig, Eric)
October 16, 2009 Filing 614 DECLARATION of William K. Mills in support of Motion for Stay of Judgments Pending Appeal MOTION to Stay pending of Judgments Pending Appeal #613 filed by Claimant DAS Corporation. (Mills, William)
October 16, 2009 Filing 613 NOTICE OF MOTION AND MOTION to Stay pending of Judgments Pending Appeal filed by Claimant DAS Corporation. Motion set for hearing on 11/9/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order re Motion for Stay of Judgments Pending Appeal)(Mills, William)
October 16, 2009 Filing 612 EX PARTE APPLICATION to Stay pending an Interim Order Staying Judgment filed by Claimant DAS Corporation. (Attachments: #1 Proposed Order re Ex Parte)(Mills, William)
October 15, 2009 Filing 628 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56645, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #608 as to Claimant DAS Corporation. (dmap)
October 15, 2009 Filing 611 NOTICE OF ERRATA filed by Claimant DAS Corporation. correcting Notice of Appeal to 9th Circuit Court of Appeals #608 , Notice (Other) #607 (Mills, William)
October 15, 2009 Filing 610 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #608 . (Mills, William)
October 15, 2009 Filing 609 Civil Appeals Docketing Statement received from Claimant DAS Corporation forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #608 (Mills, William)
October 15, 2009 Filing 608 NOTICE OF APPEAL to the 9th CCA filed by Claimant DAS Corporation. (Filing fee $455, receipt number 09730000000006015747.) (Mills, William)
October 15, 2009 Filing 607 NOTICE of Appeal filed by Claimant DAS Corporation. (Mills, William)
October 13, 2009 Filing 606 FINAL JUDGMENT by Judge Audrey B. Collins: Upon consideration of the motion of the Kim claimants for summary judgment as to all defendant properties based on res judicata and collateral estoppel, inter alia, It Is Hereby Ordered, Adjudged and Decreed that the motion is granted. It Is Further Ordered that all defendant properties, as described below, are dismissed from these cases: CV 04-2788, CV 04-3386, and CV 05-3910 (see document for details). It Is Further Ordered that the Plaintiff Government forthwith withdraw its lis pendens recorded against the defendant Beverly Drive property. It Is Further Ordered that the Plaintiff Governement forthwith withdraw its Request for Assistance directed to The Central Authority of Switzerland for the freeze of Defendant Credit Suisse Private Banking Account. It Is Further Ordered that all defendant properties shall be returned and released forthwith to the Kim Claimants. (MD JS-6, Case Terminated). (mg)
October 13, 2009 Filing 605 FINAL JUDGMENT by Judge Audrey B. Collins: Upon consideration of the motion of the Kim claimants to dismiss the summary judgment properties from the complaint and to vacate the stay of the 3/14/07 judgment ordering the release of those properties to the Kim claimants, and to enforce that judgment, inter alia, It Is Hereby Ordered, Adjudged and Decreed that the motion is granted. It Is Further Ordered that the following summary judgment properties are dismissed from these consolidated cases in CV 04-2788, CV 04-3386, and CV 05-3910 (see document for details). It Is Hereby Ordered that the 5/22/07 stay of the 3/14/07 final judgment is lifted; It Is Further Ordered that the 3/14/07 judgment shall be enforced and executed forthwith. (mg)
October 9, 2009 Opinion or Order Filing 604 ORDER by Judge Audrey B. Collins granting #510 Motion to Dismiss Case; granting #512 Motion for Summary Judgment; denying #567 Motion for Summary Judgment: For the foregoing reasons, the Court rules as follows: 1. The Court GRANTS the Kim Claimants' Motion to Dismiss "Summary Judgment Properties" and to Vacate Stay. 2. The Court GRANTS the Kim Claimants' Motion for Summary Judgment Based on Res Judicata and Collateral Estoppel. 3. The Court DENIES Optional Capital's Motion for Summary Judgment. (see document for further details) (bm)
October 9, 2009 Opinion or Order Filing 603 MINUTES (IN CHAMBERS) ORDER by Judge Audrey B. Collins denying #584 Motion for Order Recognizing Priority of Liens: For the foregoing reasons, the Motion for Order Recognizing Priority of Liens is DENIED. (see document for further details). (bm)
September 21, 2009 Filing 602 MINUTES OF KIM CLAIMANTS' MOTION TO DIMISS SUMMARY JUDGMENT PROPERTIES AND TO VACATE STAY, AND ENFORCE FINAL JUDGMENT, BASED ON LAW OF THE CASE; KIM CLAIMANTS' MOTION FOR SUMMARY JUDGMENT BASED ON RES JUDICATA AND COLLATERAL ESTOPPEL; CLAIMANTS' MOTION TO DISQUALIFY JUDGE COLLINS; CLAIMANT, OPTIONAL CAPTIAL'S MOTION TO DISMISS SUMMARY JUDGMENT; CLAIMANTS' MOTION FOR ORDER RECOGNIZING PRIORITY OF LIENS; KIM CLAIMANTS' MOTION FOR COURT TO CONSIDER RECENT EVIDENCE OF PAYMENT OF KIM CLAIMANTS' APPEAL COSTS BY DAS, OPTIONAL AND GOVERNMENT PURSUANT TO MANDATE IN ca NOS 07-55390, 07-55424, AND 07-55872, FOR PURPOSED OF KIM CLAIMANTS' PENDING MOTIONS Motion Hearing held before Judge Audrey B. Collins: Matter called. Court distributes tentative ruling in open Court. Court and counsel confer regarding tentative. Court hears oral arguments by counsel. The Court having heard from counsel, hereby takes motions under submission. Court and Counsel confer regarding attorney fees and final judgments submitted to the Court. Defendants' counsel request orally that the final judgment lodged with the Court on January 1, 2009 be stricken from the record and replaced with the four (4) amended final judgments lodged on May 25, 2009. No objection being made the Court hereby GRANTS defendants' request. The Court will consider all arguments made, order to follow. Court Reporter: Katherine Stride. (bm)
August 31, 2009 Opinion or Order Filing 674 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #446 filed by United States of America, CCA # 08-55669. Appellant's motion for remand is denied without prejudice to renewal upon conclusion of the remand in appeal No. 07-55390. Appellees' motion to strike the reply brief is referred to the merits panel. The court sua sponte holds this case in abeyance pending the district court's disposition of proceedings on remand in appeal No. 07-55390. Order received in this district on 5/19/2010. (lr)
August 17, 2009 Filing 601 REPLY in support MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 #594 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit)(Honig, Eric)
August 10, 2009 Filing 600 OPPOSITION TO KIM CLAIMANTS MOTION FOR COURT TO CONSIDER NEW EVIDENCE FOR OTHER PENDING MOTIONS filed by Claimant DAS Corporation. (Mills, William)
August 10, 2009 Filing 599 OPPOSITION to MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 #594 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
July 30, 2009 Filing 598 OPPOSITION to MOTION to Supplement Summary judgment papers re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #569 , Statement (Motion related), Statement (Motion related) #568 , MEMORANDUM in Opposition to Motion #544 , Order MOTION to Supplement Summary judgment papers re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #569 , Statement (Motion related), Statement (Motion related) #568 , MEMORANDUM in Opposition to Motion #544 , Order MOTION to Supplement Summary judgment papers re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #569 , Statement (Motion related), Statement (Motion related) #568 , MEMORANDUM in Opposition to Motion #544 , Order MOTION to Supplement Summary judgment papers re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #569 , Statement (Motion related), Statement (Motion related) #568 , MEMORANDUM in Opposition to Motion #544 , Order #596 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit)(Honig, Eric)
July 27, 2009 Filing 597 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Request for Judicial Notice #596 . Incorrect event selected. Correct event is Requests-For Judicial Notice. Docket entry text does not match caption of attached document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
July 27, 2009 Filing 596 NOTICE OF MOTION AND MOTION to Supplement Summary judgment papers re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #569 , Statement (Motion related), Statement (Motion related) #568 , MEMORANDUM in Opposition to Motion #544 , Order on Request to Strike, Order on Ex Parte Application to Waive,,,,,,,,,,,,,,,,,,,, #591 , Request for Judicial Notice, Request for Relief #546 , Declaration (Motion related), Declaration (Motion related) #543 , MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 , Request for Judicial Notice, Request for Relief,, #570 , Statement (Motion related) #545 filed by Claimant Optional Capital Inc. Motion set for hearing on 9/21/2009 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
July 6, 2009 Filing 595 NOTICE OF LODGING filed re MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 #594 (Attachments: #1 Proposed Order)(Honig, Eric)
July 6, 2009 Filing 594 NOTICE OF MOTION AND MOTION to Supplement motions to dismiss and for summary judgment re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 9/21/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Honig, Eric)
June 15, 2009 Filing 593 REPLY in support MOTION for Order for recognizing priority of liens #584 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Honig, Eric)
June 8, 2009 Filing 592 MEMORANDUM in Opposition to MOTION for Order for recognizing priority of liens #584 filed by Plaintiff United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lee, John)
May 28, 2009 Filing 590 REPLY in support EX PARTE APPLICATION to Waive Local Rule 7-3 20-day waiting period to file motion #580 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
May 27, 2009 Opinion or Order Filing 591 MINUTES (IN CHAMBERS) ORDER RE: HEARING ON PENDING MOTIONS by Judge Audrey B. Collins: Currently pending before the Court are a variety of motions scheduled for hearing on June 22, 2009. (See Docket # 575). As a result of conflicting duties required of the Chief Judge, the Court hereby CONTINUES that hearing date to Monday, September 21, 2009, at 10:00 a.m. Also pending before the Court is an ex parte application filed by the Christopher Kim, Erica M. Kim, Bora Lee, Young Ai Kim, Se Young Kim, Alexandria Investment, LLC and First Stephora Avenue, Inc. ("the Kim Claimants"). (Docket # 580). That application seeks relief from the 20-day waiting period required by Local Rule 7-3 such that the Kim Claimants can raise an additional issue at the June 22, 2009 hearing. In light of the continuance of that hearing date, the ex parte application is DENIED as moot. The Kim Claimants stated that they would strike the previously filed Notice of Payment of Kim Claimants' Appeal Costs (Docket # 578) if the ex parte application was granted. Given this Order providing equivalent relief, the Court hereby STRIKES Docket # 578. Optional Capital Inc. ("Optional") filed a request to strike the Notice of Payment and for attorneys' fees to be imposed as a sanction. (Docket # 579). The Court hereby DENIES as moot the request that the document be stricken. Because the request for sanctions is based in part on whether the new argument raised by the Kim Claimants is frivolous, the Court defers ruling on the request for attorneys' fees. The Court already has before it voluminous filings by the parties and anticipates that the parties should not need to file any additional papers in relation to the matters to be heard on September 21, 2009. To the extent that the parties intend to file such motions (including the motion proposed by the Kim Claimants), they must be filed no later than August 3, 2009, with opposition papers due August 10, 2009 and replies due August 17, 2009. Lastly, the Kim Claimants filed a motion for an order recognizing the priority of Eric Honig's liens filed against the property of the Kim Claimants over the liens filed by the Internal Revenue Service. (Docket # 584). The Court does not understand that motion to require a determination prior to the Court's determination of the matters scheduled for hearing on September 21, 2009. Accordingly, the Court CONTINUES the hearing date of that motion from June 15, 2009 to September 21, 2009 at 10:00 a.m. The Government's opposition to that motion is due June 8, 2009. The Kim Claimants' reply is due June 15, 2009. (see document for further details) (bm)
May 27, 2009 Filing 589 STIPULATION to Continue and Adjust Briefing Schedule for Kim Claimants' Motion for Order Recognizing Priority of Liens from June 15, 2009 to June 22, 2009 Re: MOTION for Order for recognizing priority of liens #584 filed by plaintiff United States of America. (Attachments: #1 Proposed Order Continuing Hearing and Adjust Briefing Schedule for Kim Claimants' Motion for Order Recognizing Priority of Liens)(Tait, Monica)
May 26, 2009 Filing 588 OPPOSITION to EX PARTE APPLICATION to Waive Local Rule 7-3 20-day waiting period to file motion #580 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
May 26, 2009 Filing 587 NOTICE OF ERRATA filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. correcting Notice of Lodging #585 (Honig, Eric)
May 25, 2009 Filing 586 NOTICE OF LODGING filed re MOTION for Order for recognizing priority of liens #584 , MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order, #6 Proposed Order, #7 Proposed Order, #8 Proposed Order)(Honig, Eric)
May 25, 2009 Filing 585 NOTICE OF LODGING filed re MOTION for Order for recognizing priority of liens #584 (Attachments: #1 Proposed Order)(Honig, Eric)
May 25, 2009 Filing 584 NOTICE OF MOTION AND MOTION for Order for recognizing priority of liens filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 6/15/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Honig, Eric)
May 22, 2009 Filing 583 NOTICE OF LODGING filed re EX PARTE APPLICATION to Waive Local Rule 7-3 20-day waiting period to file motion #580 (Attachments: #1 motion, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Honig, Eric)
May 22, 2009 Filing 582 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Request to Strike Unauthorized Filing #579 . Motion is noticed for a date that is closed on the court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
May 22, 2009 Filing 581 NOTICE OF LODGING filed re EX PARTE APPLICATION to Waive Local Rule 7-3 20-day waiting period to file motion #580 (Attachments: #1 Proposed Order)(Honig, Eric)
May 22, 2009 Filing 580 EX PARTE APPLICATION to Waive Local Rule 7-3 20-day waiting period to file motion filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim.(Honig, Eric)
May 20, 2009 Filing 579 First REQUEST to Strike unauthorized filing of Notice of Payment and exhibits Motion Related Document,, #578 filed by CLAIMANT Optional Capital Inc. Request set for hearing on 6/22/2009 at 10:00 AM before Judge Audrey B. Collins. (Rogari, Ralph)
May 18, 2009 Filing 578 NOTICE OF PAYMENT OF KIM CLAIMANTS' APPEAL COSTS BY DAS, OPTIONAL AND GOVERNMENT PURSUANT TO MANDATE IN C.A. NOS. 07-55390, 07-55424, 07-55714, AND 07-55872, AND REQUEST FOR APPLICATION OF COLLATERAL ESTOPPEL RE KIM CLAIMANTS' PENDING MOTIONS; DECLARATION; EXHIBITS re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimants Christopher Kim, Bora Lee, DAS Corporation, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Honig, Eric) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/27/09, DOCUMENT #591 Modified on 5/28/2009 (bm).
May 4, 2009 Filing 577 PROCESS RECEIPT AND RETURN (USM-285) returned executed, Close File, on 4/13/09. Remarks: MONIES PAID TO THE CLERK OF THE COURT ON 01/05/09. CASE WILL BE CLOSED. (bm)
April 3, 2009 Opinion or Order Filing 576 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #451 Christopher Kim, CCA # 08-55710. Claimants-Appellees motion to voluntarily dismiss the cross-appeal no. 08-55710 is granted. Fed. R. App. P. 42(b). Appellees shall bear their own costs on appeal as to this appeal only. A copy of this order served upon the district court shall act as and for the mandate of this court as to appeal no. 08-55710 only. The briefing schedule in appeal no. 08-55669 shall remain in effect. (dmap)
March 17, 2009 Filing 575 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re HEARING ON PENDING MOTIONS: The Court is in receipt of a motion to dismiss, vacate stay, and enforce final judgment filed by Christopher Kim, Erica M. Kim, Bora Lee, Young Ai Kim, Se Young Kim, Alexandria Investment, LLC and First Stephora Avenue, Inc. ("the Kim Claimants") on January 4, 2009. The Court is also in receipt of a motion for summary judgment filed by the Kim Claimants on January 5, 2009. Because Claimant Optional Capital, Inc. ("Optional") filed a motion to recuse the Court from this matter, the hearing on those motions was continued until March 30, 2009. (See Docket # 564) Optional has also since filed a motion for summary judgment, which it noticed for March 23, 2009. (See Docket # 567). As a result of conflicting duties required of the Chief Judge, the Court hereby CONTINUES the hearing date on all of the above motions to Monday, June 22, 2009, at 10:00 a.m. (bm)
March 16, 2009 Filing 574 REPLY support MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
March 9, 2009 Filing 573 NOTICE of Errata filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit)(Honig, Eric)
March 9, 2009 Filing 572 JOINT STATEMENT of Genuine Issues in Support of Opposition to Optional Capital Motion for Summary Judgment MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
March 9, 2009 Filing 571 MEMORANDUM in Opposition to MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Honig, Eric)
February 26, 2009 Filing 570 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(Lee, Mary)
February 26, 2009 Filing 569 DECLARATION of Mary Lee in support of MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Lee, Mary)
February 25, 2009 Filing 568 STATEMENT of Statement of Uncontroverted Facts and Conclusions of Law MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim #567 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
February 25, 2009 Filing 567 NOTICE OF MOTION AND MOTION for Summary Judgment as to Claims of Christopher Kim, erica Kim, Bora Lee, Alexandria Investments, LLC, First Stephora Ave., Inc., Young Ai Kim, Se Young Kim filed by Claimant Optional Capital Inc. Motion set for hearing on 3/23/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Declaration Hwang Ook Yang)(Rogari, Ralph)
February 5, 2009 Filing 566 MINUTES OF IN CHAMBERS ORDER before Judge R. Gary Klausner: DENIES First MOTION to Disqualify Judge Audrey B. Collins #515 . (sce)
February 4, 2009 Opinion or Order Filing 565 MINUTES (IN CHAMBERS ORDER) by Judge Audrey B. Collins: Proceedings: Re: Electronic Filing and Submission of Mandatory Chambers Paper Copies. Claimant DAS Corporation (DAS) filed a variety of papers on January 16, 2009. The Court brings the following requirement to the parties' attention. Pursuant to G.O. 08-02, parties must supply chambers with two mandatory chambers copies of all filed documents by noon the day after the documents are filed. DAS is hereby ORDERED to deliver mandatory paper chambers copies of its January 16, 2009 filings to the Court no later than noon on February 6, 2009. (mg)
February 3, 2009 Filing 564 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: Proceedings: Hearing on Pending Motions. Pending before this Court are motions for summary judgment and to dismiss, vacate stay, and enforce final judgment filed by Christopher Kim, Erica M. Kim, Bora Lee, Young Ai Kim, Se Young Kim, Alexandria Investment, LLC and First Stephora Avenue, Inc. (the Kim Claimants). On January 13, 2009, this Court vacated the February 2, 2009 hearing date for those motions in light of a motion for recusal filed by Claimant Optional Capital, Inc. (Optional). The Court understands that Judge Klausner has now denied Optionals recusal motion. (Docket # 561). Accordingly, the Court hereby SETS a hearing date for the above motions #510 for March 30, 2009 at 10:00 a.m. (mg)
February 2, 2009 Filing 563 Notice of Ninth Circuit Ruling filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim re: MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Honig, Eric)
February 2, 2009 Filing 561 MINUTES (IN CHAMBERS) by Judge R. Gary Klausner: Proceedings: Order Re MOTION to Disqualify #515 . The Court denies Claimant's request for disqualification of Judge Collins in the above-referenced matter. (mg)
January 30, 2009 Opinion or Order Filing 562 ORDER from 9th CCA filed re: Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings, Case Reopened, #487 , CCA # 07-55390. The appellees' application for attorneys fees and costs os GRANTED. The case is referred to the Appellate Commissioner for a determination of the amount of fees to be awarded. (dmap)
January 29, 2009 Filing 560 PROCESS RECEIPT AND RETURN (USM-285) of Execute Order returned executed upon 475 Martin Lane, Beverly Hills, California on 1/9/09. Special Instructions: Pursuant to the attached Mandate, the government's case against the subject asset is terminated. CATS ID 04-FBI-002514. Remarks: Transferred $2,557,240.40 plus interest of $149,523.12 to Clerk, United States District Court, on 1/5/09. (mg)
January 29, 2009 Filing 559 MINUTES (IN CHAMBERS) Claimant Optional Capital, Inc.s Motion to RecuseJudge Collins and Transfer Case to Another Judge by Judge Audrey B. Collins: The Court hereby advises counsel that the above-referenced motion set for hearing on February 2, 2009 at 9:00 a.m. is UNDER SUBMISSION and taken off the motion calendar. Furthermore, no appearance by counsel is necessary and Court will issue a ruling after full consideration of the submitted pleadings. IT IS SO ORDERED (yl)
January 27, 2009 Filing 558 Response to Evidentiary Objection in Opposition to re: MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Plaintiff United States of America. (Attachments: #1 Exhibit)(Lee, John)
January 26, 2009 Filing 557 REPLY in support MOTION to Dismiss Case #510 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Honig, Eric)
January 26, 2009 Filing 556 REPLY support First MOTION to Disqualify Judge Audrey B. Collins #515 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c)(Rogari, Ralph)
January 26, 2009 Filing 555 REPLY in support MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Honig, Eric)
January 26, 2009 Filing 554 REPLY in support MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit)(Honig, Eric)
January 16, 2009 Filing 553 EXHIBITS TO DECLARATION OF MONICA E. TAIT (KOREAN DOCUMENTS, VOL VI) IN SUPPORT OF REQUEST FOR RELIEF PURSUANT TO FED R. CIV. P. 56(F) (IN RESPONSE TO KIM CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BASED ON COLLATERAL ESTOPPEL AND RES JUDICATA) #512 filed by Plaintiff United States of America. (bm)
January 16, 2009 Filing 552 EXHIBITS TO DECLARATION OF MONICA E. TAIT (KOREAN DOCUMENTS, VOL V) IN SUPPORT OF REQUEST FOR RELIEF PURSUANT TO FED R. CIV. P. 56(F) (IN RESPONSE TO KIM CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BASED ON COLLATERAL ESTOPPEL AND RES JUDICATA) #512 filed by Plaintiff United States of America. (bm)
January 16, 2009 Filing 551 EXHIBITS TO DECLARATION OF MONICA E. TAIT (KOREAN DOCUMENTS, VOL IV) IN SUPPORT OF REQUEST FOR RELIEF PURSUANT TO FED R. CIV. P. 56(F) (IN RESPONSE TO KIM CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BASED ON COLLATERAL ESTOPPEL AND RES JUDICATA) #512 filed by Plaintiff United States of America. (bm)
January 16, 2009 Filing 550 EXHIBITS TO DECLARATION OF MONICA E. TAIT (KOREAN DOCUMENTS, VOL III) IN SUPPORT OF REQUEST FOR RELIEF PURSUANT TO FED R. CIV. P. 56(F) (IN RESPONSE TO KIM CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BASED ON COLLATERAL ESTOPPEL AND RES JUDICATA) #512 filed by Plaintiff United States of America. (bm)
January 16, 2009 Filing 549 EXHIBITS TO DECLARATION OF MONICA E. TAIT (KOREAN DOCUMENTS, VOL II) IN SUPPORT OF REQUEST FOR RELIEF PURSUANT TO FED R. CIV. P. 56(F) (IN RESPONSE TO KIM CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BASED ON COLLATERAL ESTOPPEL AND RES JUDICATA) #512 filed by Plaintiff United States of America. (bm)
January 16, 2009 Filing 548 EXHIBITS TO DECLARATION OF MONICA E. TAIT (KOREAN DOCUMENTS, VOL I) IN SUPPORT OF REQUEST FOR RELIEF PURSUANT TO FED R. CIV. P. 56(F) (IN RESPONSE TO KIM CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BASED ON COLLATERAL ESTOPPEL AND RES JUDICATA) #512 filed by Plaintiff United States of America. (bm)
January 16, 2009 Filing 547 DECLARATIONS of Monica E. Tait and Laura Sunwoo, and Exhibits A-N thereto, in Response to Kim Claimants' MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Plaintiff United States of America. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8, #8 part 9, #9 part 10)(mg)
January 16, 2009 Filing 546 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to res judicata and collateral estoppel #512 (in opposition to) filed by Claimant Optional Capital Inc. (Lee, Mary)
January 16, 2009 Filing 545 STATEMENT of Genuine Issues in Support of Opposition to Motion For Summary Judgment MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
January 16, 2009 Filing 544 MEMORANDUM in Opposition to MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
January 16, 2009 Filing 543 DECLARATION of Mary Lee in opposition to MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18)(Lee, Mary)
January 16, 2009 Filing 542 NOTICE of Manual Filing filed by Plaintiff United States of America of Declaration of monica E. tait and Laura Sunwoo with exhibits A-N. (Tait, Monica)
January 16, 2009 Filing 541 RESPONSE IN SUPPORT of MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit)(Honig, Eric)
January 16, 2009 Filing 540 STATEMENT of of Genuine Issues Pursuant to Local Rule 56-2 in Response to Kim Claimant's MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Plaintiff United States of America. (Tait, Monica)
January 16, 2009 Filing 539 OPPOSITION to First MOTION to Disqualify Judge Audrey B. Collins #515 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit)(Honig, Eric)
January 16, 2009 Filing 538 OPPOSITION to MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Plaintiff United States of America. (Lee, John)
January 16, 2009 Filing 537 NOTICE of Manual Filing filed by Plaintiff United States of America of Voluminous Exhibits; Volume VI. (Tait, Monica)
January 16, 2009 Filing 536 NOTICE of Manual Filing filed by Plaintiff United States of America of Voluminous Exhibits; Volume V. (Tait, Monica)
January 16, 2009 Filing 535 DAS CORPORATION'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITIONS TO KIM CLAIMANTS' (1) MOTION FOR SUMMARY JUDGMENT AND (2) MOTION TO DISMISS re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant DAS Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Mills, William)
January 16, 2009 Filing 534 NOTICE of Manual Filing filed by Plaintiff United States of America of Voluminous Exhibits; Volume IV. (Tait, Monica)
January 16, 2009 Filing 533 NOTICE of Manual Filing filed by Plaintiff United States of America of Voluminous Exhibit; Volume III. (Tait, Monica)
January 16, 2009 Filing 532 STATEMENT of Genuine Issue in Opposition to Motion for Summary Judgment MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant DAS Corporation. (Mills, William)
January 16, 2009 Filing 531 DAS CORPORATION'S SEPARATELY BOUND EXHIBITS IN SUPPORT OF OPPOSITIONS TO KIM CLAIMANTS' (1) MOTION FOR SUMMARY JUDGMENT AND (2) MOTION TO DISMISS re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant DAS Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Mills, William)
January 16, 2009 Filing 530 NOTICE of Manual Filing filed by Plaintiff United States of America of Voluminous Exhibit; Volume II. (Tait, Monica)
January 16, 2009 Filing 529 NOTICE of Manual Filing filed by Plaintiff United States of America of Voluminous Exhibits; Volume I. (Tait, Monica)
January 16, 2009 Filing 528 NOTICE OF MOTION AND MOTION for Joinder in Response in Opposition to Motion #522 filed by Claimant DAS Corporation. Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Audrey B. Collins. (Mills, William)
January 16, 2009 Filing 527 Das Corporation's Memorandum of Points and Authorities in Opposition to Kim Claimants' Motion for Summary Judgment re Res Judicata Opposition re: MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant DAS Corporation. (Mills, William)
January 16, 2009 Filing 526 Das Corporation's Memorandum of Points and Authorities in Opposition to Kim Claimants' Motion to Dismiss; Declaration of William K. Mills Opposition re: MOTION to Dismiss Case #510 filed by Claimant DAS Corporation. (Mills, William)
January 13, 2009 Filing 525 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event used to docket Notice. Should have used G-6 to terminate attorneys from matter. RE: Notice (Other) #524 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lt)
January 13, 2009 Filing 524 NOTICE of Dis-Association of Counsel filed by Claimant Optional Capital Inc. (Lee, Mary)
January 13, 2009 Filing 523 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: Proceedings: Hearing on Pending Motions. The Court herey VACATES the February 2, 2009 hearings for the motions filed by Kim Claimants: Motion to Dismiss #510 , Motion for Summary Judgment #512 . The Motion for Recusal #515 was transferred to Judge Klausner. The Court will reset the hearings, if necessary, after Judge Klausner decides the recusal motion. (mg)
January 12, 2009 Filing 522 OPPOSITION to MOTION to Dismiss Case #510 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rogari, Ralph)
January 12, 2009 Filing 521 CLAIMANT OPTIONAL CAPITAL, INC'S RESPONSE TO ATTEMPT BY KIM CLAIMANTS TO UNILATERALLY LIMIT RESPONSE TIME TO THEIR MOTIONS FOR SUMMARY JUDGMENT AND TO DISMISS. REQUEST THAT HEARING DATE BE RESCHEDULED. re MOTION to Dismiss Case #510 , MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
January 11, 2009 Filing 519 RESPONSE filed by Claimant Optional Capital Incto Notice (Other) #518 of Kim Claimants Re: Local Rule 7-3 (Rogari, Ralph)
January 9, 2009 Filing 520 AMENDED MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #380 , Notice of Appeal to 9th Circuit Court of Appeals, #338 , Notice of Appeal to 9th Circuit Court of Appeals, #339 , Notice of Appeal to 9th Circuit Court of Appeals,, 400 , CCA # 07-55390, 07-55424, 07-55714, 07-55872. The decision of District Court is AFFIRMED. Mandate received in this district on 01/09/09. (cbr) (Additional attachment(s) added on 1/15/2009: #1 Bill of cost in the amount of 1346.00) (dmap).
January 9, 2009 Filing 518 NOTICE Claimant Optional's Failure to Comply with Local Rule 7-3 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
January 8, 2009 Filing 517 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting First MOTION to Disqualify Judge Audrey B. Collins #515 (Attachments: #1 Exhibit (Amended) 7-1 attached to Declaration of Ralph Rogari)(Lee, Mary)
January 7, 2009 Filing 516 REFERRAL OF MOTION to Disqualify Judge/Magistrate Judge has been filed. Pursuant to GO 08.05 and Local Rule 72-5 First MOTION to Disqualify Judge Audrey B. Collins #515 is referred to Judge R. Gary Klausner for determination. (rn)
January 6, 2009 Filing 515 NOTICE OF MOTION AND First MOTION to Disqualify Judge Audrey B. Collins filed by Claimant Optional Capital Inc. Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7-1, #8 Exhibit 7-2, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Rogari, Ralph)
January 5, 2009 Filing 514 NOTICE OF LODGING filed re MOTION for Summary Judgment as to res judicata and collateral estoppel #512 (Attachments: #1 Proposed Order)(Honig, Eric)
January 5, 2009 Filing 513 STATEMENT of uncontroverted facts and conclusions of law MOTION for Summary Judgment as to res judicata and collateral estoppel #512 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
January 5, 2009 Filing 512 NOTICE OF MOTION AND MOTION for Summary Judgment as to res judicata and collateral estoppel filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit)(Honig, Eric)
January 4, 2009 Filing 511 NOTICE OF LODGING filed re MOTION to Dismiss Case #510 (Attachments: #1 Proposed Order)(Honig, Eric)
January 4, 2009 Filing 510 NOTICE OF MOTION AND MOTION to Dismiss Case filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 2/2/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Honig, Eric)
December 31, 2008 Opinion or Order Filing 509 ORDER by Judge Audrey B. Collins, re: Kim Claimants' motion for order directing Governmen to withdraw MLAT request and regarding maintenance of defendant accounts #501 : The Court FINDS the matters appropriate for submission without oral argument and VACATES the hearing of January 5, 2009. The Court hereby DENIES the motion, without prejudice, to its re-filing after the Court has rules on the competing claims to the accounts asserted by Optional Capital, Inc. and DAS Corporation. IT IS SO ORDERED. (da)
December 29, 2008 Filing 508 REPLY in support MOTION to Enforce Judgment #501 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
December 22, 2008 Filing 507 OPPOSITION to MOTION to Enforce Judgment #501 filed by Plaintiff United States of America. (Attachments: #1 Declaration of John E. Lee, #2 Exhibit A)(Lee, John)
December 22, 2008 Filing 506 MEMORANDUM in Opposition to MOTION to Enforce Judgment #501 filed by Claimant DAS Corporation. (Mills, William)
December 22, 2008 Filing 505 OPPOSITION to MOTION to Enforce Judgment #501 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
December 19, 2008 Filing 504 PLAINTIFFS NOTICE OF WITHDRAWAL OF MOTION TO BE RELIEVED AS CUSTODIAN OF DEFENDANTS 1999 PORSCHE CARERRA; VARIOUS ITEMS OF HOUSEHOLD FURNISHINGS (SEIZED IN APRIL 2005); AND TWO CHANDELIERS FROM THE 475 MARTIN LANE RESIDENCE re filed by Plaintiff United States of America. (Tait, Monica)
December 17, 2008 Filing 503 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Notice of Lodging #502 docket entry text does not indicate that document lodged is a proposed order. Proposed order should be a separate attachment to the Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
December 15, 2008 Filing 502 NOTICE OF LODGING filed re MOTION to Enforce Judgment #501 (Honig, Eric)
December 15, 2008 Filing 501 NOTICE OF MOTION AND MOTION to Enforce Judgment filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 1/5/2009 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Supplement)(Honig, Eric)
December 15, 2008 Filing 500 MEMORANDUM in Opposition to government's motion to be relieved as custodian filed by Claimant Optional Capital Inc. (Rogari, Ralph)
December 12, 2008 Filing 499 PLAINTIFF'S NOTICE OF CHANGE IN HEARING DATE ON MOTION TO BE RELIEVED AS CUSTODIAN OF DEFENDANTS 1999 PORSCHE CARERRA; VARIOUS ITEMS OF HOUSEHOLD FURNISHINGS (SEIZED IN APRIL 2005); AND TWO CHANDELIERS FROM THE 475 MARTIN LANE RESIDENCE re Previously Noticed Hearing Date filed by Plaintiff United States of America. (Tait, Monica)
December 11, 2008 Filing 498 APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 26; Sealed Documents(s): 8 ; 8 Bulky documents [see attachment]; RE: Appeal Record Sent to USCA (A-26) #459 (car)
December 10, 2008 Opinion or Order Filing 497 ORDER SUBSTITUTING CLERK OF COURT for United States Marshals Service as Custodian for Liquid Assets by Judge Audrey B. Collins: having reviewed the parties Stipulation #496 , The court hereby appoints the Clerk of this UnitedStates District Court for the Central District of California (Clerk) as the substitute custodian of the following defendant liquid assets: $2,557,240.40, representing proceeds from the sale of Real Property Located at 475 Martin Lane (the sole asset named as a defendant in CV 04-2788), plus the interestactually accrued thereon by the United States to the time of transfer of this asset to the clerk pursuant to paragraph 3 below (collectively, Martin LaneProceeds); $1,369,463.12 already transferred to the Clerk by thegovernment in July and August 2006, representing the following defendants in CV 05-3910 (plus the interest actually accrued thereon by the United States to the time): (1) $956,525.05 from United Commercial Bank Account no. 63600084 in the name of First Stephora Avenue, Inc.; (2) $157,329.05 from United CommercialBank Account no. 6359914 in the name of Alexandria Investment, LLC; (3) and $174,315.16 from Wilshire State Bank Account no. 3219380 in the name of Se Young Kim. Upon issuance of this Order, Plaintiff shall cause theMartin Lane Proceeds to be transferred to the Clerk forthwith; The Clerk shall assume custody of the defendants identified above on behalf of the Court, in place of the United States Marshal, and shall maintain custody of such defendants during the time they remain in custodia legis, pursuant to LocalAdmiralty Rule E.13(a). The Clerk shall maintain possession of such defendants in safe custody until such time that the Court orders the release or forfeiture of said defendants and said defendants are disposed of in accordance with Rule G(7)(c) of the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions, or as otherwise allowed by law. As Substitute Custodian of the defendants, the Clerk shall performall duties and responsibilities that the United States Marshal isauthorized to perform pursuant to the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions. The Clerk shall invest the funds in its custody in an interestbearing account. The defendant real property located at 924 N. Beverly Drive, Beverly Hills, California (Beverly Drive) is not presently in government custody. The Kim claimants, DAS, andOptional have agreed that Erica Kim shall not transfer or encumberBeverly Drive pending further order of the Court. (ir)
December 9, 2008 Filing 496 STIPULATION for Order Substituting Clerk of Court and For United States Marshals Service as Custodian for Liquid Assets filed by Plaintiff United States of America. (Attachments: #1 Proposed Order Substituting Clerk of Court for United States Marshals Service as Custodian for Liquid Assets)(Tait, Monica)
December 9, 2008 Filing 495 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: motion hearing date not timely In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab)
December 8, 2008 Filing 494 NOTICE OF MOTION AND MOTION for Relief from United States Marshals Service As Custodian Of Defendants 1999 Porsche Carerra; Various Items Of Household Furnishings (Seized In April 2005); And Two Chandliers From The 475 Martin Lane Residence re Status Conference,,,, #493 filed by Plaintiff United States of America. Motion set for hearing on 12/29/2008 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Proposed Order Relieving United States Marshals Service As Custodian Of Defendants 1999 Carerra; Various Items Of Household Furnishings (Seized In April 2005); And Two Chandliers From The 475 Martin Lane Residence)(Tait, Monica)
November 25, 2008 Filing 493 MINUTES OF Status Conference held before Judge Audrey B. Collins:Matter called. Court informs counsel of documents received. Court and counsel confer regarding motions to be filed. Court informs counsel that no discovery will be allowed at this point. Court and counsel engage in colloquy regarding funds and custodial issues. Money assets discussed with Court with respect to Swiss assets. Court and counsel confer regarding liquid assets being held by the Clerk of Court, the Court having heard from counsel directs counsel to meet and confer as to CV 04-2788,stipulation to be e-filed as to Clerk holding liquid assets by December 8,2008. Counsel instructed to meet and confer regarding real and personal assets. Counsel shall also meet and confer regarding holding and storage of personal and real property to submit stipulation no later than December 8, 2008. If no stipulation is e-filed government will e-file a motion to be relieved as custodian of property byDecember 8, 2008. IT IS SO ORDERED Court Reporter: Katherine Stride. (ab)
November 25, 2008 Filing 492 MANDATE of 9th CCA filed re: 9th Circuit Court of Appeals, #376 , CCA # 07-55390, 07-55424, 07-55872, 07-55714. The Judgment of the district court is Affirmed. Mandate received in this district on 11/25/08. (car)
November 25, 2008 Filing 491 AMENDED MANDATE of 9th CCA filed re: 9th Circuit Court of Appeals, CCA #06-56158, 06-56168, 06-56393, 07-55653. The Judgment of the district court is Affirmed in part, Reversed in part, Remanded. Mandate received in this district on 11/25/08. (car) Modified on 12/2/2008 (car).
November 24, 2008 Filing 490 MINUTES OF Status Conference held before Judge Audrey B. Collins: Matter called. Counsel state their appearances. Court and counsel confer regarding counsel appearing telephonically, the Court having heard from counsel, continues the above matter to November 25, 2008 at 10:00 a.m. All counsel are ordered to appear at date and time specified. Court Reporter: Katherine Stride. (bm)
November 21, 2008 Filing 489 STATUS REPORT CONSOLIDATED FOR ALL PURPOSES WITH UPDATE TO JOINT STATUS REPORT BY PLAINTIFF UNITED STATES AND KIM CLAIMANTS CONCERNING ATTORNEYS FEES AND STORAGE ISSUES filed by Plaintiff United States of America. (Tait, Monica)
November 17, 2008 Filing 488 STATUS REPORT joint status report filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit)(Honig, Eric)
October 16, 2008 Opinion or Order Filing 487 MINUTES: STATUS CONFERENCE FOLLOWING RESOLUTION OF APPEALS (In Chambers); On October 3, 2008, the Ninth Circuit issued two decisions resolving the appeals pending in the above-referenced related cases. In brief, the Ninth Circuit AFFIRMED this Courts dismissal of the Governments civil forfeiture complaint and its May 17, 2007 grant of summary judgment in favor of the Kim Claimants, and REVERSED AND REMANDED this Courts July 19, 2006 order dismissingthe May 2004 properties from one of the complaints. See Ninth Circuit Case Nos. 07-55390 and 06-56158, respectively. The Court hereby SETS a status conference for Monday, November 24, 2008, at 10:00 a.m. to discuss moving the case forward. In preparation for the status conference, the parties are ORDERED to review the Ninth Circuits decisions and to file a Joint Status report setting forth their respective positions regarding outstandingissues no later than Monday, November 17, 2008 IT IS SO ORDERED by Judge Audrey B. Collins. (Case reopened. MD JS-5.) (ir)
October 16, 2008 Filing 486 NOTICE filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. of determination of additional appeal by Ninth Circuit (Attachments: #1 Exhibit)(Honig, Eric)
October 15, 2008 Filing 485 NOTICE Determinatin of Appeal by Ninth Circuit filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Honig, Eric)
July 22, 2008 Filing 484 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following errors was found: Inocrrect event selected. Correct event is Other Filings Miscellaneous Filings (Non-Motion) - Errata. Link to appropriate document errate is related to RE: Notice (Other) #480 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir)
July 22, 2008 Filing 483 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Notice (Other) #482 text of docket entry does not match the actual document entitled Notice of Errata Re Evidence of Past Legal Fees Owed In Support of Reply Re Motion to Modify Stays of Judgments. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
July 16, 2008 Filing 482 NOTICE filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
July 15, 2008 Filing 481 MINUTES: Kim Claimants' Second Motion to modify Stay of Judgment (In Chambers); The Court finds the Motion appropriate for decision without oral argument and therefore VACATES the hearing set for July 21. For the foregoing reasons, the Court DENIES the Kim Claimants Second Motion to Modify Stay #465 IT IS SO ORDERED Judge Audrey B. Collins (ir)
July 15, 2008 Filing 480 NOTICE filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
July 15, 2008 Filing 479 REPLY in support Second MOTION to Lift Stay re judgment #465 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC. (Attachments: #1 Declaration, #2 Exhibit)(Honig, Eric)
July 10, 2008 Filing 477 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: BLANK PDF DOCUMENT RE: Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) #476 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ak)
July 10, 2008 Filing 476 NOTICE of Change of Attorney Information for attorney Mary Lee counsel for Claimant Optional Capital Inc. Adding Andrew N. Chang as attorney as counsel of record for Optional Capital, Inc. for the reason indicated in the G-06 Notice. Filed by Claimant Optional Capital, Inc. (Lee, Mary)
July 9, 2008 Filing 475 NOTICE of Change of Attorney Information for attorney Mary Lee counsel for Claimant Optional Capital Inc. Adding Andrew N. Chang as attorney as counsel of record for Optional Capital, Inc. for the reason indicated in the G-06 Notice. Filed by Claimant Mary Lee (Lee, Mary)
July 9, 2008 Filing 474 REQUEST FOR JUDICIAL NOTICE re Second MOTION to Lift Stay re judgment #465 (IN OPPOSITION TO DOC 465) filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, Mary)
July 9, 2008 Filing 473 DECLARATION of Mary Lee in opposition to Second MOTION to Lift Stay re judgment #465 filed by Claimant Optional Capital Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lee, Mary)
July 9, 2008 Filing 472 DECLARATION of Hwan Ook Yang in opposition to Second MOTION to Lift Stay re judgment #465 filed by Claimant Optional Capital Inc. (Lee, Mary)
July 9, 2008 Filing 471 MEMORANDUM in Opposition to Second MOTION to Lift Stay re judgment #465 filed by Claimant Optional Capital Inc. (Lee, Mary)
July 9, 2008 Filing 470 OPPOSITION to Second MOTION to Lift Stay re judgment #465 filed by Plaintiff United States of America. (Attachments: #1 Declaration, #2 Exhibit)(Lee, John)
July 9, 2008 Filing 469 MEMORANDUM in Opposition to Kim Claimants' Second Motion to Modify Stay of Judgment filed by Claimant DAS Corporation. (Mills, William)
July 8, 2008 Filing 468 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information for Andrew N. Chang has not been updated in the ECF system RE: Notice of Association of Counsel #467 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh)
July 8, 2008 Filing 467 NOTICE of Association of Counsel Filed by Claimant Optional Capital Inc (Lee, Mary)
July 1, 2008 Filing 466 NOTICE OF LODGING filed re Second MOTION to Lift Stay re judgment #465 (Honig, Eric)
June 30, 2008 Filing 465 NOTICE OF MOTION AND Second MOTION to Lift Stay re judgment filed by defendants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC. Motion set for hearing on 7/21/2008 at 10:00 AM before Judge Audrey B. Collins. (Attachments: #1 Exhibit, #2 Declaration)(Honig, Eric)
June 24, 2008 Opinion or Order Filing 464 ORDER SHORTENING TIME FOR MOTION HEARING AND ADJUSTING MOTION BRIEFING SCHEDULE by Judge Audrey B. Collins, re Ex Parte Application to Shorten Time for Hearing #460 : Application is granted. IT IS FURTHER ORDERED that following briefing schedule shall apply to the Kim claimants' motion to modify the stay: The motion to modify the stay may be filed electronically on June 30,2008; any opposition(s) must be filed electronically no later than July 9, 2008; any reply must be filed electronically no later than July 15, 2008; and the motion may be set for hearing on July 21, 2008, at 10:00 a.m. (ps)
June 24, 2008 Filing 463 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Incorrect event used. Correct event is Motion and Related Filing: Responses/Replies/Other Motion related documents - Non-opposition to Motion and link to appropriate Ex Parte Application. RE: Notice of Non-Opposition to Motion or Document #462 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ps)
June 23, 2008 Filing 462 NOTICE OF NON-OPPOSITION EX PARTE APPLICATION to Shorten Time for Hearing to July 21, 2008 #460 filed by Claimant Optional Capital Inc. (Lee, Mary)
June 23, 2008 Filing 461 Notice of Withdrawal of Notice of Lien #455 filed by Claimant Optional Capital Inc. (Lee, Mary)
June 22, 2008 Filing 460 EX PARTE APPLICATION to Shorten Time for Hearing to July 21, 2008 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim.(Honig, Eric)
May 7, 2008 Filing 459 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-56158 Record consists of 26 volumes; 8 Bulky documents 196, 197, 200, 218, 232, 289, 303, 304 re Notice of Appeal to 9th Circuit Court of Appeals, #230 (car)
May 7, 2008 Filing 458 APPEAL RECORD sealed documents sent to Circuit Court re: Appeal number, 06-56158. Eight (8) documents were sent with this transmittal. Document numbers: 62, 93, 121, 260, 262, 263, 285 & 298. Re: Notice of Appeal to 9th Circuit Court of Appeals, #451 (dmap)
May 2, 2008 Filing 457 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, #451 as to Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim; Receipt Number: 107055 in the amount of $455. (dmap)
April 30, 2008 Filing 456 NOTIFICATION by Circuit Court of Appellate Docket Number 08-55710, 9TH CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #451 as to Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (car)
April 25, 2008 Filing 455 NOTICE OF LIEN filed by Claimant Optional Capital Inc. (Rogari, Ralph)
April 21, 2008 Filing 454 FILING FEE LETTER issued as to claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim, re Notice of Appeal to 9th Circuit Court of Appeals, #451 (dmap)
April 21, 2008 Filing 453 NOTICE OF APPEAL NOTIFICATION form issued regarding re Notice of Appeal to the 9th CCA #451 (dmap)
April 21, 2008 Filing 452 Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, #451 cross-appeal by Kim claimants (Attachments: #1 order appealed from#2 judgment appealed from#3 judgment appealed from)(Honig, Eric)
April 21, 2008 Filing 451 NOTICE OF APPEAL to the 9th CCA filed by claimantsChristopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Appeal of Judgment,,,,, #432 , Order, #428 FEE NOT PAID. (Attachments: #1 judgment appealed from#2 judgment appealed from#3 order appealed from)(Honig, Eric)
April 21, 2008 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Notice of Appeal to 9th Circuit Court of Appeals, #451 (dmap)
April 11, 2008 Filing 450 AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by plaintiff United States of America. Amending Notice of Appeal to 9th Circuit Court of Appeals, #446 Filed On: 4/9/08; Entered On: 2/12/08, 3/19/08, and 3/26/08; (Attachments: #1 Order Re: Kim Claimants' Motion for Attorneys' Fees and Costs#2 Joint Amended Judgment Re: Award of Attorneys Fees#3 Joint Amended Judgment Re: Award of Attorneys Fees; Exhibits A and B#4 Representation Statement)(Tait, Monica)
April 9, 2008 Filing 449 CORRECTED - NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals, #446 as to Plaintiff United States of America. (dmap)
April 9, 2008 Filing 448 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of appeal filed on 4/9/2008 #446 (dmap)
April 9, 2008 Filing 447 Civil Appeals Docketing Statement received from plaintiff United States of America forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, #446 (Attachments: #1 Representation Statement#2 Order Re: Kim Claimants' Motion for Attorneys' Fees and Costs#3 Joint Amended Judgment Re: Award of Attorneys Fees#4 Joint Amended Judgment Re: Award of Attorneys Fees; Exhibits A and B)(Tait, Monica)
April 9, 2008 Filing 446 NOTICE OF APPEAL to the 9th CCA filed by plaintiffUnited States of America. (Attachments: #1 Order Re: Kim Claimants' Motion for Attorneys' Fees and Costs#2 Joint Amended Judgment Re: Award of Attorneys Fees#3 Joint Amended Judgment Re: Award of Attorneys Fees; Exhibits A and B)(Tait, Monica)
April 9, 2008 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Notice of Appeal to 9th Circuit Court of Appeals, #446 (dmap)
April 2, 2008 Filing 443 DENIED Corrected Amendment to Joint Amended Judgment Re Award of Attotneys Fees by Judge Audrey B. Collins, (es)
April 2, 2008 Filing 442 RESPONSE filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kimto Errata, #438 , Objections - non-motion #439 (Honig, Eric)
April 1, 2008 Filing 439 OBJECTIONS to Errata, #438 , Notice of Lodging #437 filed by Claimant Optional Capital Inc. (Rogari, Ralph)
March 31, 2008 Filing 438 NOTICE OF ERRATA filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. correcting Notice of Lodging #437 (Attachments: #1 Notice of Lodging of proposed amendment to judgment#2 proposed amendment to joint amended judgment for attorney fees)(Honig, Eric)
March 31, 2008 Filing 437 NOTICE OF LODGING filed propoosed amendment to stipulated amended judgment for attorney fees (Attachments: #1 Proposed Order)(Honig, Eric)
March 26, 2008 Filing 440 JOINT AMENDED JUDGMENT RE: AWARD OF ATTORNEYS FEES filed by Plaintiff United States of America. The adjusted award is $1,172.90. The U.S. shall pay this amount within 30 days of the issuance of mandate by the Ninth Circuit Court of Appeals affirming this court's summary judgment in C.A. No. 07-55390, by check payable to Law Office of Eric Honig Client Trust Account. See document for further information. (ca)
March 25, 2008 Filing 436 NOTICE OF LODGING filed of Joint Amended Judgment Re: Award of Attorneys Fees; Exhibits A and B (Attachments: #1 Proposed Order [Proposed] Joint Amended Judgment Re: Award of Attorneys Fees; Exhibits A and B)(Tait, Monica)
March 25, 2008 Filing 435 NOTICE OF MANUAL FILING filed by plaintiff United States of America. (Tait, Monica)
March 25, 2008 Filing 434 OBJECTIONS to Errata, #433 and a proposed amended judgment lodged by the Kim Claimants filed by Claimant Optional Capital Inc. (Lee, Mary)
March 24, 2008 Filing 433 NOTICE OF ERRATA filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. correcting Judgment,,,,, #432 re proposed amendment to joint amended judgment re award of attorneys fees (Honig, Eric)
March 19, 2008 Filing 432 Joint Amended Judgment Re Award of Attorney's Fees by Judge Audrey B. Collins. Based on the parties stipulation, the court hereby amends its February 12, 2008 Order Re: Kim Claimants Motion for Attorneys Fees and Costs (February 12, 2008 Order) as follows: The amount of the award is hereby adjusted as follows: (A) The award is reduced by $57,424.82 for the reasons stated in the parties Stipulation Regarding Deduction of Amount of Attorneys Fees Billed by Quinn Emanuel Relating to Bivens/injunctive Relief Action, filed March 13, 2008;(B) After making the above reduction, the award is increased by $110,575.00 based on the entries preceded by the letter F (indicating forfeiture) on the billing statement for the period April 16, 2007 to February 15, 2008 attached hereto as Exhibit A; and (C) The award is further increased by $5,000.00 based on the entries preceded by the letter F on the billing statement for the period February 16, 2008 to March 13, 2008 attached hereto as Exhibit B. Therefore, the adjusted award is $1,172,137.90. The U.S. shall pay this amount within 30 days of the issuance of a mandate by the Ninth Circuit Court of Appeals affirming this courts summary judgment in C.A. No. 07-55390, (SEE ATTACHED ORDER FOR FURTHER DETAILS) #428 (es) Modified on 3/24/2008 (es, ).
March 18, 2008 Filing 431 STIPULATION for Order of Plaintiff United States and Kim Claimants Requesting Entry of Joint Proposed Amended Judgment Re: Award of Attorneys' Fees filed by plaintiff United States of America. (Attachments: #1 Proposed Order [Proposed] Joint Amended Judgment Re: Award of Attorneys Fees)(Tait, Monica)
March 13, 2008 Filing 430 STIPULATION for Order Regarding Deduction of Amount of Attorneys Fees Billed by Quinn Emanuel Relating to BIVENS/Injunctive Relief Action filed by plaintiff United States of America. (Attachments: #1 Exhibit)(Tait, Monica)
February 22, 2008 Filing 429 NOTICE OF LIEN filed by claimant Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
February 12, 2008 Opinion or Order Filing 428 ORDER Re Kim Claimants' Motion for Attorneys' Fees and Costs by Judge Audrey B. Collins. The Court hereby awards the Kim Claimants attorneys fees in theamount of $1,113,987.72, to be paid by the Government, within sixty(60) days of the issuance of this order. (SEE ATTACHED DOCUMENT FOR FURTHER DETAILS) (es)
February 11, 2008 Filing 427 Joint REQUEST for Ruling motion for attorney fees filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (Honig, Eric)
December 11, 2007 Filing 426 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon United States of America on 12/5/07. Remarks: returned $400,000.00 to the Law Office of Eric Honig c/o US Attorney's Office 11/21/07. (es)
December 10, 2007 Filing 425 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon United States of America on 12/5/07. Remarks: Returned $400,000 on 11/21/07. Remaining balance pending forfeiture is $2,557,240.40. (es)
December 4, 2007 Opinion or Order Filing 424 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, #380 filed by Bora Lee, Erica M Kim, Christopher Kim, Appeal to 9th Circuit Court of Appeals, #338 filed by United States of America, Appeal to 9th Circuit Court of Appeals, #339 filed by DAS Corporation, Appeal to 9th Circuit Court of Appeals,, 400 filed by Optional Capital Inc, CCA # 07-55390, 07-55424, 07-55714, 07-55872. Order received in this district on 12/06/07. Motion of claimants-appellees for an extension of time in which tofile the second cross-appeal brief is granted. Brief schedule set. (cbr)
November 20, 2007 Filing 423 Notice of Withdrawal of amended order modifying stay of judgments releasing defendant properties filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (ca)
November 9, 2007 Opinion or Order Filing 421 ORDER MODIFYING STAYS OF JUDGMENTS RELEASING DEFENDANT PROPERTIES by Judge Audrey B. Collins, #420 (es)
November 1, 2007 Opinion or Order Filing 420 MINUTES IN CHAMBERS ORDER by Judge Audrey B. Collins: re: MOTION to Vacate 413 . Pending before the Court is the Kim Claimant's Motion to Vacate or Modify Stays of Judgment ("Motion"), filed on October 5, 2007. The Court found the Motion appropriate for decision without oral argument and took it under submission. Having considered the materials submitted by the parties and the case file, the Court GRANTS in part and DENIES in part the Kim Claimant's Motion. (SEE ATTACHED DOCUMENT FOR DETAILS) For the foregoing reasons, the court orders that the 2002 Mercedes S500 be released to Se Young Kim, and that $400,000 of seized monies be released to the Kim Claimants. The previously-ordered stays remain in effecct in all other regards. (es)
October 25, 2007 Filing 419 MINUTES OF IN CHAMBERS held before Judge Audrey B. Collins: Re: MOTION to Vacate 413 Pending before the Court is the Kim Claimants' Motion to Vacate or Modify Stays of Judgments, filed on 10/5/07. Upon review of the parties' submissions and the case file, the Court finds the Motion appropriate for determination without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the Court hereby Vacates the October 29, 2007 hearing and takes the Motion Under Submission.(es)
October 23, 2007 Filing 418 REPLY to opposition to MOTION to Vacate or modify stays of judgments 413 ; exhibits; declarations, filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (da)
October 18, 2007 Filing 417 OPPOSITION to Kim Claimant's Motion to Vacate or Modify Stays of Judgments filed by Plaintiff United States of America. (ca)
October 15, 2007 Filing 416 MEMORANDUM in Opposition to MOTION to Vacate 413 or modify stays of judgments; memorandum of Points and Authorities and Declarations of William K. Mills in support, filed by Claimant DAS Corporation. (da)
October 15, 2007 Filing 415 MEMORANDUM in Opposition to MOTION to Vacate 413 OR Modify stay, filed by Kim Claimaints; Declaration of Ralph Rogari, filed by Claimant Optional Capital Inc. (da)
October 15, 2007 Opinion or Order Filing 414 STIPULATION AND ORDER by Judge Audrey B. Collins Extending the Date by Which the Government Must file any Opposition to Kim Claimants' Motion to Vacateor Modify Stays of Judgment 413 Response due by 10/18/2007.(es)
October 9, 2007 Opinion or Order Filing 422 ORDER by Judge Audrey B. Collins Permitting the Declaration of Erica M Kim to be Filed Under Seal: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Declaration of Erica M Kim shall be filed under seal. IT IS SO ORDERED. (ad)
October 5, 2007 Filing 413 NOTICE OF MOTION AND MOTION to Vacate filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim.Motion set for hearing on 10/29/2007 at 10:00 AM before Judge Audrey B. Collins. Lodged under seal. (da)
October 5, 2007 Filing 412 NOTICE of filing of declaration of Erica M. Kim in support of motion to vacate or modify stays of judgments (filed under seal) filed by claimants Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (da)
October 5, 2007 Filing 411 APPLICATION to Seal declaration of Erica M. Kim, filed by claimants Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (da)
September 5, 2007 Filing 410 IN CHAMBERS MINUTES OF Judge Audrey B. Collins RE: Kim Claimaint's MOTION for Attorney Fees 342 and costs, the Court FINDS the motion appropriate for determination without oral argument. Accordingly, the Court hereby VACATES the September 10, 2007 hearing and takes the matter under submission.Court Reporter: not reported.(da)
August 15, 2007 Opinion or Order Filing 409 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, #339 filed by DAS Corporation, CCA # 07-55390, 07-55424, 07-55414, 07-55872. Claimants-Appellee's motion to consolidate briefing schedule is granted. The following briefing schedule shall govern these consolidated appeals: The briefing schedule has been set. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. Order received in this district on 8/17/07. (car)
August 13, 2007 Opinion or Order Filing 408 STIPULATION AND REQUEST PERMITTING LEASE OF THE DEFENDANT 924 N. BEVERLY DRIVE AND RETENTION OF LEASE PROCEEDS BY U.S. MARSHALS SERVICE AND ORDER by Judge Audrey B. Collins. (see document for further details). (et)
July 26, 2007 Opinion or Order Filing 407 CONSOLIDATED FOR ALL PURPOSES WITH No. cv 04-3386-ABC(PLAx) and No. CV 05-3910-ABC (PLAx). STIPULATION, REQUEST AND ORDER by Judge Audrey B. Collins Permitting Substitution of RES for the defendant 2003 Land Rover Ranger Rover (CV-3910).(pbap)
July 24, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to 9th Circuit Court of Appeals, #406 (lr)
July 20, 2007 Filing 406 AMENDED NOTICE OF APPEAL/REPRESENTATION STATEMENT to 9th CCA filed by Plaintiff United States of America. Appeal of Order, #326 , Filed On: 3/13/07; Entered On: 3/15/07; Judgment, #325 , Filed On: 3/13/07; Entered On: 3/14/07; In Chambers Order to Minutes, #384 , Filed On: 5/22/07; Entered On: 5/23/07; Forms Given: Transcripts Designation Ordering Form. Filing Fee: Waived. cc: John E. Lee, United States Attorney; Eric Honig, William K. Mills, Ralph Rogari. (lr)
July 20, 2007 Civil Appeals Docketing Statement received from Plaintiff United States of America forwarded to 9th CCA. RE: Appeal to 9th Circuit Court of Appeals, #406 (lr)
July 17, 2007 Filing 405 In Chambers MINUTES OF Judge Audrey B. Collins RE: MOTION for Attorney Fees 342 continuing the hearing to September 10, 2007, at 10:00AM, due to Court congestion.Court Reporter: not reported.(da)
July 9, 2007 Opinion or Order Filing 404 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, #376 filed by United States of America, CCA # 07-55653. Appellee's motion for a one-week extension of time to file an opposition to appellant's emergency motion for stay of execution of attorneys' fees award pending appeal is granted. Counsel for appellees has represented to this court that appellees will delay seeking to enforce the district court's order awarding fees to appellees for at least one week after appellees file their opposition with the court or after the government files a reply, whichever is later. Appellees' opposition is due 7/16/07. Appellant's optional reply is due 7/18/07. the briefing schedule established previously shall remain in effect. Order received in this district on 7/9/07. (car)
July 3, 2007 Opinion or Order Filing 403 ORDER from 9th CCA filed as to Appeal to 9th Circuit Court of Appeals, #339 filed by DAS Corporation, Appeal to 9th Circuit Court of Appeals, 400 filed by Optional Capital Inc, CCA # 07-55390, 07-55424, 07-55872. The court sua sponte consolidates these appeals. Appeal Nos. 07-55390, 07-55424, and 07-5872 are consolidated. The following briefing schedule shall govern these consolidated appeals; the consolidated opening brief and excepts of record are due 10/25/07; the consolidated answering brief is due 11/26/07; and the consolidated optional reply brief is due within 14 days after service of the consolidated answering brief. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. See 9th cir. R.28-4. Order received in this district on 7/5/07. (car)
June 22, 2007 Filing 401 NOTIFICATION by Circuit Court of Appellate Docket Number 07-55872, 9th CCA regarding Appeal to 9th Circuit Court of Appeals, 400 filed by Optional Capital Inc. (car)
June 15, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to 9th Circuit Court of Appeals, 400 (car)
June 13, 2007 Filing 400 NOTICE OF APPEAL/REPRESENTATION STATEMENT to 9th CCA filed by Claimant Optional Capital Inc. Appeal of Stipulation and Order, Set Hearings 111 Filed on: 3/13/07; Entered on: 3/14/07, Judgment #325 Filed On: 3/13/07; Entered On: 5/14/07, In Chambers Order/Directive - no proceeding held, Link Motions to Minutes #386 Filed On: 5/22/07; Entered On: 5/23/07; Filing fee $455, Paid; receipt number 96921. cc: Ralph Rogari; John E. Lee; Stuart H. Baggish.(car) Modified on 6/15/2007 (car, ). Modified on 6/15/2007 (car, ).
June 7, 2007 Filing 399 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: Kim Claimant's RESPONSE TO CLAIMANT OPTIONAL CAPITAL INC.'S EX PARTE APPLICATION for Order for Clarifying Court's Order Staying the Execution of the Judgment Pending Appeal 395 , Including Issue of Requirement for Claimants to Post Appeal Bond, 396 . The Court did not require DAS or Optional to post supersedeas bonds. *see document for further details*(pbap)
June 6, 2007 Filing 402 DAS CORPORATION'S RESPONSE TO OPTIONAL'S EX PARTE APPLICATION REGARDING STAY AND KIM CLAIMANTS' RESPONSE THERETO 395 filed by Claimant DAS Corporation. (pbap)
June 6, 2007 Filing 398 SUPPLEMENTAL JUDGMENT FOR RELEASE OF MISCELLANEOUS FURNITURE AND HOUSEHOLD ITEMS by Judge Audrey B. Collins. *see document for further details*(pbap)
June 6, 2007 Opinion or Order Filing 397 ORDER by Judge Audrey B. Collins GRANTING EX PARTE APPLICATION for Order for Clarifying Court's Order Staying the Execution of the Judgment Pending Appeal 395 . (pbap)
June 5, 2007 Filing 394 AMENDED NOTICE OF APPEAL to 9th CCA filed by Claimant DAS Corporation. Appeal of Judgment, #325 , Filed On: 3/13/07; Entered On: 3/14/07; In Chambers Order to Minutes, #384 , Filed On: 5/22/07; Entered On: 5/23/07; In Chambers Order to Minutes, #386 Filed On: 5/22/07; Entered On: 5/23/07; Forms Given: Transcripts Designation Ordering Form; Waived fee cc: William K. Mills; John W. Hurney; Ralph Rogari; Debra Wong Yang; Eric Honig; John Lee; Mary Lee; Curtis C. Jung. (Related Cases: CV 04-3386 ABC and CV 05-3910 ABC) (lr)
June 5, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to 9th Circuit Court of Appeals, #394 (lr)
June 4, 2007 Filing 393 NOTIFICATION by Circuit Court of Appellate Docket Number 07-55714, 9th CCA regarding Appeal to 9th Circuit Court of Appeals, #380 filed by Bora Lee, Erica M Kim, Christopher Kim. (lr)
June 1, 2007 Filing 396 RESPONSE TO CLAIMANT OPTIONAL CAPITAL INC.'S EX PARTE APPLICATION for Order for Clarifying Court's Order Staying the Execution of the Judgment Pending Appeal 395 , Including Issue of Requirement for Claimants to Post Appeal Bond; Declaration; Exhibit filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. lodged proposed order(pbap)
May 31, 2007 Filing 395 EX PARTE APPLICATION for Order Clarifying Court's Order Staying the Execution of the Judgment Pending Appeal; Declaration of Mary Lee filed by Claimant Optional Capital Inc. Lodged proposed order.(pbap)
May 23, 2007 Filing 385 NOTIFICATION by Circuit Court of Appellate Docket Number 07-55653, 9th CCA regarding Appeal to Circuit Court, #376 filed by United States of America (car, )
May 22, 2007 Filing 392 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re Kim Claimants' Request for Court to Determine Res Judicata/Collateral Estoppel Effect As to May 2004 Properties in Deciding Government's Motion to alter or for Relief from Judgment, filed 4/23/07. The Government filed a response and Objections to the request on 5/2/07. The Court found the matter appropriate for determination without oral argument. After considering the materials submitted by the parties and the case filed, the Court DENIES the Kim claimants' request. *see document for further details*Court Reporter: not present. (pbap, )
May 22, 2007 Filing 386 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins RE: Optional's MOTION to AMEND JUDGMENT 335 , is DENIED. Court Reporter: none present. (pbap, )
May 22, 2007 Filing 384 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re: Government's MOTION to Alter Judgment or for Relief from Summary Judgment 343 , is DENIED.Court Reporter: none present. (pbap, )
May 22, 2007 Filing 383 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins RE: DAS CORPORATION'S MOTION to Stay of Execution of Judgment 356 , is GRANTED and hereby STAYS the execution of the Judgment pending appeal. The parties are to notify the Court of within ten (10) days of the Ninth Circuit's determination of the appeal.Court Reporter: not present. (pbap, )
May 21, 2007 Filing 391 OPPOSITION to DAS CORPORATION'S MOTION to Strike Sur-Reply of Kim Claimants 387 . 390 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
May 17, 2007 Filing 390 MOTION to Strike Sur-Reply of Kim Claimants 387 filed by Claimant DAS Corporation. (pbap, )
May 17, 2007 Filing 389 OBJECTIONS TO OPTIONAL CAPITAL, INC.'S UNAUTHORIZED SUR-SUR-REPLY TO KIM CLAIMANTS' ORDERED SUR-REPLY OPPOSITION TO OPTIONAL'S MOTION to AMEND JUDGMENT #325 ; 335 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
May 17, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #380 (car, )
May 15, 2007 Filing 388 OBJECTIONS TO SUR REPLY FILED BY KIM CLAIMANTS TO IT'S MOTION to AMEND JUDGMENT #325 ; 335 filed by Claimant Optional Capital Inc. (pbap, )
May 14, 2007 Filing 380 NOTICE OF APPEAL to 9th CCA filed by Claimiants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC Appeal of In Chambers Order/Directive - no proceeding held,, Link Motions to Minutes, #190 Filed On: 6/15/06; Entered On: 6/16/06; Filing fee $455, paid; receipt number 95977. cc: cc: Eric Honig; John E. Lee. (car, ) Modified on 5/17/2007 (car, ).
May 14, 2007 Civil Appeals Docketing Statement received from Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC forwarded to 9th CCA. RE: Appeal to Circuit Court, #380 (car, )
May 11, 2007 Filing 387 SUR-REPLY TO OPTIONAL CAPITAL, INC'S REPLY RE OPITIONAL'S MOTION to AMEND JUDGMENT #325 ; 335 ; Declaration of Eric Honig filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim (pbap, )
May 4, 2007 Filing 377 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re MOTION to AMEND JUDGMENT #325 , 335 . The Court hereby ORDERS that the Kim Claimants to file surreply to Optional's reply on or before 5/11/07. Court Reporter: none present. *see document for further details* (pbap, )
May 3, 2007 Civil Appeals Docketing Statement received from Plaintiff United States of America forwarded to 9th CCA. RE: Appeal to Circuit Court, #376 (car, )
May 2, 2007 Filing 382 RESPONSE AND OBJECTION to Kim Claimants' Request for Court to Determine Res Judicata/Collateral Estopppel Effect as to May 2004 Properties 371 filed by Plaintiff United States of America. (ad, )
May 2, 2007 Filing 375 MINUTES (IN CHAMBERS) by Judge Audrey B. Collins: Proceedings: May 7, 2007 Motions. Presently before the Court are the following motions, set for oral argument on May 7, 2007: The Governments MOTION to Alter, or for Relief from Summary Judgment 343 ; Optional Capital Inc's MOTION to Amend Judgment 335 ; DAS Corporation's MOTION for Stay of Execution of Judgment 356 ; and the Kim Claimants' Request for Court to Determine Res Judicata/Collateral Estoppel Effects as to May 2004 Properties. The Court finds each of these matters appropriate for determination without oral argument. Accordingly, the Court hereby VACATES the May 7, 2007 hearings and takes these matters under submission. Court Reporter: None Present. (mg, )
April 30, 2007 Filing 376 NOTICE OF APPEALREPRESENTATION STATEMENT to 9th CCA filed by Plaintiff United States of America. Appeal of In Chambers Order/Directive - no proceeding held,, Link Motions to Minutes, #324 Filed On: 2/28/07; Entered On: 3/2/07; Appeal Fee is Waived; cc: John E. Lee, United States Attorney; Eric Honig; William K. Mills; Ralph Rogari. (car, )
April 30, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #376 (car, )
April 26, 2007 Filing 381 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 10/24/05, 07/05/06, 07/24/06, 08/16/06, 08/23/06, 09/18/06; Court Reporter: Katherine Stride; Court of Appeals Case Number: 07-55390; Re: Appeal to Circuit Court #338 . (cbr, )
April 26, 2007 Opinion or Order Filing 374 ORDER from 9th CCA filed, CCA # 07-55390. Order received in this district on 4/30/07. A settlement assessment conference will be held by telephone June 4, 2007, at 2:00 p.m. PACIFIC (San Francisco)Time. (lr, )
April 23, 2007 Filing 371 REQUEST FOR COURT TO DETERMINE AS TO 5/2004 PROPERTIES IN DECIDING GOVERNMENTS MOTION TO ALTER OR FROM RELIEF FROM JUDGEMENT 342 ; Declarationof Eric Honig. filed by claimants Christopher Kim, Bora Lee, Erica M Kim. (yc, )
April 23, 2007 Filing 370 REPLY to oppositon to it's joinder in governments MOTION to Amend Judgment 335 filed by Claimant Optional Capital Inc. (yc, )
April 20, 2007 Filing 379 STIPULATION to change to the heaing date on optional capital motion to vacate the judgmetn from 23, to 5/7/2007. filed by Claimant Optional Capital Inc. Lodged ORDER. (yc, )
April 20, 2007 Opinion or Order Filing 373 STIPULATION AND ORDER by Judge Audrey B. Collins : re MOTION to Amend/Correct #325 ., Resetting hearing as to MOTION to Amend/Correct Motion set for hearing on 5/7/2007 at 10:00 AM before Judge Audrey B. Collins.(yc, )
April 18, 2007 Filing 369 OBJECTIONS TO reply to Kim Claimant's OPPOSITION to MOTION to Amend Judgment 335 filed by claimants Bora Lee, Optional Capital Inc, Erica M Kim. (yc, )
April 18, 2007 Filing 368 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re Claimant Optional's Motion to Amend Judgment, currently set for 4/23/07. Other motions in this case set for hearing on 5/5/07. In order that all such motin my be heard at the same time, the Court hereby CONTINUES the hearing on Optional's motion to Monday, 5/7/2007 at 10:00 AM.Court Reporter: none present. (pbap, )
April 18, 2007 Filing 358 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins : Resetting Hearing as to Kim Claimant's MOTION for Attorney Fees 342 ; Due to court congestion the Motion set for hearing is continued to 7/23/2007 at 10:00 AM. Court Reporter: none present. (pbap, )
April 16, 2007 Filing 367 REPLY to Government's Opposition to MOTION for an Award of Attorney Fees and Costs 342 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
April 16, 2007 Filing 366 OPPOSITION to Claimants DAS Corporation MOTION to Stay Execution of Judgment 356 ; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
April 16, 2007 Filing 365 OBJECTIONS TO GOVERNMENTS' REPLY TO KIM CLAIMANTS' OPPOSITION TO GOVERNMENT'S MOTION to Alter Judgment or for Relief from Summary Judgment 343 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
April 16, 2007 Filing 364 OPPOSITION to Optional Capital, Inc.'s Joinder in Motion to "Modify" Judgment filed by Plaintiff United States of America 343 ; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
April 16, 2007 Filing 363 REPLY to Opposition filed by Kim Claimants to Optional's Motion to Amend Judgment 335 filed by Claimant Optional Capital Inc. (pbap, )
April 13, 2007 Opinion or Order Filing 355 ORDER from 9th CCA filed as to Appeal to Circuit Court #339 filed by DAS Corporation, CCA # 07-55390 and 07-55424. The court sua sponte consolidates these appeals. Pursuant to this courts order file on 3/28/07 in appeal 07-55390, proceedings in both appeal nos. 07-55424 and 07-55390 shall be held in abeyance pending the district courts resolution of the pendining motion. As directed by the courts 3/28/07 order in appeal 07-55390, within 5 days after the district courts ruling on the pending motion, appellants shall notify this court in writing of the ruling and shall advise whether appellants intent to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellants must file an amended notice of appeal within the time prescribed ty Federal Rule of Appellate Proceduttee 4. Order received in this district on 4/16/07 (dmap. )
April 11, 2007 Filing 354 NOTIFICATION by Circuit Court of Appellate Docket Number 07-54524, 9th CCA regarding Appeal to Circuit Court, #339 filed by DAS Corporation. (lr, )
April 10, 2007 Filing 372 NOTICE OF ERRATA filed by Claimants Christopher Kim, First Stephora Avenue Inc, Erica M Kim, Se Young Kim. MOTION to Amend judgment #325 Judgment 335 (yc, )
April 9, 2007 Filing 378 NOTICE of Change of Attorney Information: adding William K Mills as attorney as counsel of record for DAS Corporation, for the reason indicated in the G-06 Notice. Filed by Claimant DAS Corporation (ak, )
April 9, 2007 Filing 362 REPLY to Kim Claimant's Opposition to MOTION to Alter Judgment or for Relief from Summary Judgment #325 343 filed by Plaintiff United States of America. (pbap, )
April 9, 2007 Filing 361 DECLARATION AND EXHIBITS I SUPPORT OF PLAINTIFF'S OPPOSITION TO KIM CLAIMANT'S MOTION for an Award of Attorney Fees and Costs 342 filed by plaintiff United States of America. (pbap, )
April 9, 2007 Filing 360 PLAINTIFF'S OPPOSITION to KIM CLAIMANT'S MOTION for an Award of Attorney Fees and Costs 342 ; Memorandum of Points and Authorities filed by plaintiff United States of America. (pbap, )
April 9, 2007 Filing 359 OPPOSITION to Optional Capital Inc's MOTION TO AMEND JUDGMENT[ 335 ; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
April 9, 2007 Filing 356 NOTICE OF MOTION AND MOTION to Stay Execution of Judgment; Memorandum of Points and Authorities; Declaration of Michael K. Zweig in Support thereof filed by claimant DAS Corporation. Motion set for hearing on 4/30/2007 at 10:00 AM before Judge Audrey B. Collins. (pbap, )
April 9, 2007 Filing 353 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins GRANTING EX PARTE APPLICATION for Order for Relieving it from Strict Compliance With Local Rule 7-3 350 ; and sets the following briefing schedule for DAS' Motion for Stay of Execution of Judgment; Opposition due on or before 4/16/2007 Replies due by 4/23/2007. Hearing set on 5/7/2007 at 10:00 AM. Court Reporter: not present. (pbap, )
April 5, 2007 Filing 351 STATEMENT OF JOINDER OF CLAIMANT DAS CORPORATION IN CLAIMANT OPTIONAL CAPITAL, INC'S MOTION to AMEND JUDGMENT #325 ; 335 filed by Claimant DAS Corporation. (pbap, )
April 4, 2007 Filing 350 EX PARTE APPLICATION for Order for Relieving it from Strict Compliance With Local Rule 7-3; Memorandum of Points and Authorities; Declaration of Michael K. Zweig filed by Claimant DAS Corporation. Lodged motion for stay of execution. (pbap, )
April 4, 2007 Filing 349 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re GOVERNMENT'S NOTICE OF MOTION AND MOTION to Alter Judgment or for Relief from Summary Judgment #325 ; 343 . The Court hereby sets the following briefing schedule for the Motion: government's Reply: 4/9/07; Kim Claimant's Opposition to Optional's Joinder: 4/16/07; All replies: 4/23/07; Hearing: 5/7/2007 at 10:00 AM.Court Reporter: none present. (pbap, )
April 3, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #339 (dmap. )
April 2, 2007 Filing 348 KIM CLAIMANTS' OPPOSITION TO GOVERNMENT'S MOTION to Alter or from Relief from Summary Judgment 343 ; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
April 2, 2007 Filing 347 STATEMENT OF JOINDER OF CLAIMANT DAS CORPORATION IN GOVERNMENT'S MOTION TO ALTER, OR FOR RELIEF FROM SUMMARY JUDGMENT 343 filed by Claimant DAS Corporation. (pbap, )
April 2, 2007 Filing 346 JOINDER IN r MOTION to Modify Judgment filed by plaintiff, United States of America 343 ; Declaration of Ralph Rogari filed by Claimant Optional Capital Inc. (pbap, )
March 30, 2007 Filing 340 PROCESS RECEIPT AND RETURN (USM-285) re Stipulation For Interlocutory Sale returned executed upon 475 Martin Lane, Beverly Hills, California on 3/6/07. Remarks: Received a check in the amount of $2,957.240.40 as a Interlocutory sale Proceeds and deposited into 15 x 6874 (SADF/witholding acct.) on 2/23/07. (pbap, )
March 29, 2007 Filing 345 NOTICE OF ERRATA filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. correcting MOTION for an Award of Attorney Fees and Costs 342 . (pbap, )
March 28, 2007 Opinion or Order Filing 344 ORDER by Judge Audrey B. Collins GRANTING and Shortening time to file Motion to alter or For relief from Summary Judgment 334 . (pbap, )
March 28, 2007 Filing 343 GOVERNMENT'S NOTICE OF MOTION AND MOTION to Alter Judgment or for Relief from Summary Judgment #325 ; Memorandum of Points and Authorities; Declaration of John E. Lee filed by plaintiff United States of America. Motion set for hearing on 4/16/2007 at 10:00 AM before Judge Audrey B. Collins. (pbap, )
March 28, 2007 Filing 342 NOTICE OF MOTION AND MOTION for an Award of Attorney Fees and Costs; declarations; exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 4/23/2007 at 10:00 AM before Judge Audrey B. Collins. Lodged proposed order. (pbap, )
March 27, 2007 Filing 341 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting MOTION to Amend/Correct #325 Judgment 335 . (pbap, )
March 27, 2007 Filing 338 NOTICE OF APPEAL to 9th CCA filed by plaintiff United States of America. Appeal of Judgment #325 Filed On: 3/13/07; Entered On: 3/14/07; Filing fee $ 455, billed. Forms given: Transcript Designation and Ordering form. cc: John E. Lee, AUSA; Eric Honig; William K Mills; Ralph Rogari (dmap. )
March 27, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #338 (dmap, )
March 27, 2007 Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Appeal to Circuit Court #338 (dmap. )
March 27, 2007 Opinion or Order Filing 337 ORDER by Judge Audrey B. Collins GRANTING EX PARTE APPLICATION for Order for Relieving Optional From Strict Compliance with Local Rule 7-3 Requirement 336 , related to its Motion to Amend Judgment. (pbap, )
March 26, 2007 Filing 336 EX PARTE APPLICATION for Order for Relieving Optional From Strict Compliance with Local Rule 7-3 Requirement; Memorandum of Points and Authorities; Declaration of Ralph Rogari; Declaration of Mary Lee filed by Claimant Optional Capital Inc. Lodged order. (pbap, )
March 26, 2007 Filing 335 NOTICE OF MOTION AND MOTION to AMEND JUDGMENT #325 ; Memorandum of Points and Authorities; Declaration of Mary Lee filed by Claimant Optional Capital Inc. Motion set for hearing on 4/23/2007 at 10:00 AM before Judge Audrey B. Collins. Lodged order. (pbap, )
March 23, 2007 Filing 352 REPRESENTATION STATEMENT filed by Claimant DAS Corporation. (et )
March 23, 2007 Filing 339 NOTICE OF APPEAL to 9th CCA filed by claimant DAS Corporation. Appeal of Order #326 Filed On: 3/13/07; Entered On: 3/15/07; Filing fee $455, paid; receipt number 94418. cc: John W. Hurney; Ralph Rogari; Debra Wong Yang; Eric Honig; Mary Lee; Curtis C. Jung. (Related Cases: CV 04-3386 ABC and CV 05-3910 ABC) (dmap. ) Modified on 4/3/2007 (dmap. )
March 23, 2007 Filing 334 GOVERNMENT'S EX PARTE APPLICATION for Order for shortening, by two days, time to file Motion to alter or for Relief from Summary Judgment; Memorandum of Points and Authorities; Declaration of John E. Lee filed by plaintiff United States of America. Lodged proposed order and motion with order. (pbap, )
March 23, 2007 Filing 332 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re GOVERNMENT'S EX PARTE APPLICATION for Order for Staying Execution on Summary Judgment Order and Judgment Pending Appeal 328 , is DENIED. Court Reporter: not present. *see document for further details* (pbap, )
March 23, 2007 Opinion or Order Filing 327 ORDER RE STAY OF EXECUTION OF SUMMARY JUDGMENT ORDER AND JUDGMENT DENIED by Judge Audrey B. Collins,(bg, )
March 22, 2007 Filing 357 SEALED DOCUMENT-DECLARATION of JANET SHERMAN (pj, )
March 22, 2007 Opinion or Order Filing 333 ORDER by Judge Audrey B. Collins Permitting the Declaration of Janet Sherman to be Filed Under Seal re 330 . (pbap, )
March 22, 2007 Filing 331 REPLY to Kim Claimants' Oppositition to EX PARTE APPLICATION for Order for Staying Execution on Summary Judgment Order and Judgment Pending Appeal 328 filed by plaintiff United States of America. (pbap, )
March 22, 2007 Filing 330 APPLICATION to Seal Declaration of Janet Sherman filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Lodged proposed order & under seal declaration. (pbap, )
March 21, 2007 Filing 329 OPPOSITION to GOVERNMENT'S EX PARTE APPLICATION for Order for Staying Execution on Summary Judgment Order and Judgment Pending Appeal 328 ; Declarations filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
March 20, 2007 Filing 328 EX PARTE APPLICATION for Order for Staying Execution on Summary Judgment Order and Judgment Pending Appeal; Memorandum of Points and Authorities; Declaration of John E. Lee filed by plaintiff United States of America. Lodged order. (pbap, )
March 13, 2007 Opinion or Order Filing 326 ORDER by Judge Audrey B. Collins re Kim Claimants' MOTION for Summary Judgment 162 , is GRANTED and The Government's CROSS-MOTION for Summary Adjudication 193 ,is DENIED. (pbap, )
March 13, 2007 Opinion or Order Filing 325 JUDGMENT, ORDERED by Judge Audrey B. Collins that claimants' MOTION for Summary Judgment 162 is GRANTED. (MD JS-6, Case Terminated).(pbap, )
February 28, 2007 PLACED IN FILE - NOT USED re Proposed Judgment for Attorneys Fees. Lodged 7/24/2006. (jp)
February 28, 2007 Filing 324 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re Kim Claimant's RENEWED RENEWED MOTION for An Award of Attorney Fees 227 , is GRANTED. The court hereby awards the Kim Claimants attorneys' fees in the amount of $120,057, to be paid by the Government, within thirty (30) days of the issuance of this order. The Court denies the Government's request to stay the award. Court Reporter: none present. *see document for further details* (pbap, )
February 26, 2007 Filing 323 MANDATORY JOINT REQUEST for Decision on Motion for Attorneys' Fees. (pbap, )
February 7, 2007 Opinion or Order Filing 322 STIPULATION AND ORDER by Judge Audrey B. Collins Re: Status of Chandeliers. The following light fixtures presently hanging at Martin Lane shall not be part of any sale of that residence, shall be removed from the property by the government prior to delivering the property to a buyer, and shall be safely stored by the government pending the conclusion of the above-captioned civil actions. (See document for further details).(mg, )
January 17, 2007 Opinion or Order Filing 316 MINUTES OF IN CHAMBERS ORDER by Judge Audrey B. Collins resetting hearing on MOTION for Summary Judgment 162 to 3/26/2007 at 10:00 AM before Judge Audrey B. Collins.Court Reporter: not reported. (da, )
January 16, 2007 Filing 321 CLAIMANT'OBJECTIONS TO GOVERNMENT'S UNAUTHORIZED SUBMISSION of Additional Evidence with Government's Responses and Oppositoin to Kim Cloaimants Evidentiary Objections to Government's Supplemental Oppositoin to Kim Claimants' MOTION for Summary Judgment 162 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (yl, )
January 8, 2007 Filing 320 RESPONSES AND OPPOSITION to Kim Claimants evidentiary objections and motion to strike deposition testimony on motion for summary judgment filed by plaintiff United States of America; Declaration of John E Lee, Exhibits (jj, )
January 8, 2007 Opinion or Order Filing 319 ORDER by Judge Audrey B. Collins: Granting EX PARTE APPLICATION for Leave to file response/opposition to Kim Claimants evidentiary objections and Motion to Strike on Summary Judgment proceedings 318 . To the extent that any other parties wish to file a response to either the Kim Claimants evidentiary objections, Motion to Strike on Summary Judgment proceedings or the governments response and opposition such party shall do so on or before 1/16/07. There after the matter will be heard as scheduled on 1/22/07 at 10:00 AM(jj, )
January 5, 2007 Filing 317 OPPOSITION to Exparte Application for leave to file Response/Opposition to Evidentiary Objections, etc. filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim; Declaration; Exhibits. (jj, )
January 4, 2007 Filing 318 EX PARTE APPLICATION for Leave to file response/opposition to Kim Claimants evidentiary objections and motion to strike on motion for summary judgment filed by plaintiff United States of America. Lodged proposed order and responses. (jag, )
December 4, 2006 Filing 312 NOTICE of Change of Attorney Information:, phone number to 310-314-2603, fax 310-314-2793 and email to erichonig@aol.com. for attorney Eric Honig. Filed by claimant Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim (bb, )
December 4, 2006 FAX number for Attorney Eric Honig is 310-314-2793. (bb, )
November 30, 2006 Filing 315 SECOND NOTICE of rescheduled depositions of rebuttal experts Jess E. Dines, James P. Nielsen and Kong Shik Kim filed by plaintiff United States of America. (et)
November 27, 2006 Filing 314 OBJECTIONS TO ADDITIONAL EVIDENCE SUBMITTED in Other Parties Opposition to Kim Claimants MOTION for Summary Judgment 162 (Supplementals by plaintiff and claimant Das Corporation, and Original by Claimant Oppositiona Capital Inc), including MOTIONS to Strike 1) Deposition Testimony of Kyoo Sung Jung, and 2) Expert Testimony and Report of Yong In Lee filed by claimants Christopher Kim, Bora Lee, Optional Capital Inc, DAS Corporation, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (jp)
November 27, 2006 Filing 313 REPLY to Optional Opposition and Supplemental to MOTION for Summary Judgment 162 , including MOTIONS to Strike 1) Deposition Testimony of Kyoo Sung Jung, and 2) Expert Testimony and Report of Yong In Lee filed by claimants Christopher Kim, Bora Lee, Optional Capital Inc, DAS Corporation, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (jp)
November 17, 2006 Opinion or Order Filing 308 ORDER by Judge Audrey B. Collins re OBJECTION TO AND MOTION TO STRIKE OPPOSITION to Kim Claimant's MOTION for Summary Judgment 162 , 307 . The motion to strike is DENIED.(pbap, )
November 16, 2006 Filing 311 RESPONSE to Kim Claimants Opposition and Motion to Strike Opposition filed by Optional Capital Inc to Kim Claimants MOTION for Summary Judgment 193 filed by claimant Optional Capital Inc. (jp)
November 15, 2006 Opinion or Order Filing 310 ORDER from 9th CCA filed as to Appeal to Circuit Court,, #240 filed by DAS Corporation,, Appeal to Circuit Court, #230 filed by Optional Capital Inc,, CCA # 06-56158, 06-56168 and 06-56393. Order received in this district on 11/21/06. Appellant Das' motion to consolidate and to modify the briefing scheduel is granted. Appeal Nos. 06-56158, 06-56168and 06-56393 are consolidated (Related Cases: CV 04-2788 ABC, CV 04-3386 AND CV 05-3910 ABC.)(dmap, )
November 13, 2006 Filing 309 ORIGINAL PROOFS OF SERVICE RE: (2) Supplemental Statement of Genuine Issues in Opposition to Motin for Summmary Judgment etc. filed by claimant DAS Corporation, was served on 11/9/06. (pbap, )
November 13, 2006 Filing 307 OBJECTION TO AND MOTION TO STRIKE OPPOSITION to Kim Claimant's MOTION for Summary Judgment 162 filed by Claimant Optional and Request ofr Sanctions filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
November 13, 2006 Opinion or Order Filing 305 STIPULATION AND ORDER by Judge Audrey B. Collins that the Court's Order regarding Kim Claimants' EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date for Plaintiff's Supplemental Opposition to Kim Claimants' Motion for Summary Judgment pursuant to FRCP 56(f) 265 , is hereby revised to permit the Kim Claimant's to file and serve their supplemental reply on or before 11/27/06.(pbap, )
November 1, 2006 Opinion or Order Filing 306 ORDER from 9th CCA filed as to Appeal to Circuit Court, #240 filed by DAS Corporation, CCA # 06-56393. This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Roxane G. Ashe, Circuit Mediatior in writing, by fax at (415) 556-9725, of their clients' views on whether: the case is appropriate for settlement discussions or mediation; the court can accommodate ongoing settlement discussions or otherwise facilitate settlement of the dispute; and/or the court shoudl schedule a telephonic conference to discuss settlement. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be served on the opposing party and shall not be filed with the court. The existing briefing schedule remains in effect. Order received in this district on 11/15/06. (car, )
November 1, 2006 Opinion or Order Filing 300 ORDER by Judge Audrey B. Collins re MOTION for Order Sealing Deposition Transcript 260 is DENIED. (jp)
November 1, 2006 Opinion or Order Filing 299 DENIAL OF PROPOSED SEALING ORDER by Judge Audrey B. Collins, re APPLICATION for an Order Sealing Supplemental Summary Judgment Oppositon 298 is DENIED. (jp)
November 1, 2006 Opinion or Order Filing 297 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Application for Order Sealing Supplemental Summary Judgment Opposition and Related Ppers, Memorandum of Points and Authorities; Declaration of John E. Lee submitted by Plaintiff United States of America received on 10/30/2006 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(jp)
October 31, 2006 Opinion or Order Filing 295 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Notice of intention to lodge under seal excerts of deposition submitted by Claimant DAS Corporation received on 10/30/2006 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(jp)
October 31, 2006 Filing 294 GOVERNMENT NOTICE OF LODGING of Deposition Transcript for In Camera review by the Court filed by plaintiff United States of America. (jp)
October 30, 2006 Filing 304 SUPPLEMENTAL DECLARATION of CAMERON SAXEY in Opposition to Kim Claimants MOTION for Summary Judgment 193 VOLUME II filed by plaintiff United States of America. (jp)
October 30, 2006 Filing 303 SUPPLEMENTAL DECLARATION of CAMERON SAXEY in Opposition to Kim Claimants MOTION for Summary Judgment 193 VOLUME I filed by plaintiff United States of America. (jp)
October 30, 2006 Filing 302 SUPPLEMENTAL OPPOSITION to Kim Claimants MOTION for Summary Judgment 193 filed by plaintiff United States of America. (jp)
October 30, 2006 Filing 301 SUPPLEMENTAL STATEMENT of Genuine Issues filed by Plaintiff United States of America. (jp)
October 30, 2006 Filing 298 SEALED DOCUMENT - GOVERNMENT APPLICATION for Order Sealing Supplemental Summary Judgment Opposition and Related Papers; Memorandum of Points and Authorities; Declaration of John E. Lee. (jp)
October 30, 2006 Filing 296 NOTICE OF INTENTION to Lodge Under Seal Excerpts of Deposition filed by claimant DAS Corporation. (jp)
October 30, 2006 Filing 293 DECLARATIONS in support of Opposition to MOTION for Summary Judgment filed by The Kim Claimants 162 filed by claimant Optional Capital Inc. (jp)
October 30, 2006 Filing 292 STATEMENT OF GENUINE ISSUES in Opposition to MOTION for Summary Judgment 162 filed by claimant Optional Capital Inc. (jp)
October 30, 2006 Filing 291 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION for Summary Judgment filed by The Kim Claimants 162 filed by claimant Optional Capital Inc. (jp)
October 30, 2006 Filing 290 OBJECTIONS in support of Supplemental Opposition to Kim Claimants Evidence in support of MOTION for Summary Judgment 193 filed by claimant DAS Corporation. (jp)
October 30, 2006 Filing 289 DECLARATION of WILLIAM K. MILLS in support of Supplemental Opposition to MOTION for Summary Judgment 193 filed by claimant DAS Corporation. (jp)
October 30, 2006 Filing 288 SUPPLEMENTAL STATEMENT OF GENUINE ISSUES in Opposition to MOTION for Summary Judgment 193 filed by claimant DAS Corporation. (jp)
October 30, 2006 Filing 287 CORRECTED AND SUPPLEMENTAL OPPOSITION to MOTION for Summary Judgment 193 filed by claimant DAS Corporation. (jp)
October 27, 2006 Filing 281 MINUTES OF PROCEEDINGS IN CHAMBERS held before Judge Audrey B. Collins RE: Plaintiff's MOTION for Order for Sealing Deposition Transcript 260 . The Court ORDERS Plaintiff to lodge the deposition transcript for in camera review by this Court. Plaintiff must lodged the transcript no later than 10/30/06. One the Plaintiff lodges the transcript, the motion will be under submission. Accordingly, the Court hereby VACATES the October 30, 2006 hearing date.Court Reporter: none present. (pbap, )
October 27, 2006 ***Terminated hearings. (pbap, )
October 25, 2006 Opinion or Order Filing 280 ORDER by Judge Audrey B. Collins (1) Resolving Disputes Over the Conditions for Interlocutory sale of the defendant Martin Lane Property, and (2) Requiring Payment of Mortgage Obligation.(pbap, )
October 25, 2006 Filing 279 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re (1) MOTION to Modify Interlocutory Sale Order for 475 Martin Lane Property by Transferring Defendant Funds to Pay Off Lien of Claimant United Commercial Bank, and (2) MOTION For Release of Defendant Vehicles Pending Appeal 270 , is DENIED. The Court finds the above-referenced matters appropriate for submission without oral argument and VACATES the scheduled hearing date of October 30, 2006. Court Reporter: not present. (pbap, )
October 23, 2006 Filing 286 REPLY to Opposition to MOTION (1) Modify Interlocutory Sale Order for 475 Martin Lane Property by Transferring Defendant Funds to Pay Off Lien of Claimant United Commercial Bank, and (2) MOTION For Release of Defendant Vehicles Pending Appeal 270 filed by Claimants Christopher Kim, Bora Lee, Optional Capital Inc, DAS Corporation, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (jp)
October 23, 2006 Filing 285 SEALED DOCUMENT - GOVERNMENT REPLY to Kim Claimant Opposition to MOTION for Order Sealing Deposition Transcript 260 . (jp)
October 23, 2006 Filing 284 REPLY MEMORANDUM OF POINTS AND AUTHORITIES to Kim Claimants Opposition regarding plaintiff MOTION for Order 1) resolving disputes over the conditions for interlocutory sale of the defendant Martin Lane Property, and 2) requiring payment of mortgage obligation 259 filed by plaintiff United States of America. (jp)
October 19, 2006 Filing 283 NOTICE OF FILING SEPTEMBER 2006 APPRAISAL OF MARTIN LANE PROPERTY IN CONNECTION WITH PLAINTIFF'S MOTION for Order for resolving disputes over the conditions for interlocutory sale of the defendant Martin Lane Property, and requiring payment of mortgage obligation 259 filed by plaintiff United States of America. (pbap, )
October 19, 2006 PLACED IN FILE - NOT USED re Proposed order setting breifing schedule and hearing date for plaintiff's supplemental oppositon to Kim claimants' motin for summary judgment pursuant to FRCP 56(f) submitted by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
October 18, 2006 Filing 282 NOTICE OF JOINDER AND JOINDER IN PLAINTIFF'S re MOTION for Order for resolving disputes over the conditions for interlocutory sale of the defendant Martin Lane Property, 259 ;; NOTICE OF JOINDER AND JOINDER IN OPPOSITION TO CONCURRENT MOTION FILED BY KIM CLAIMANTS MOTION to (1) Modify Interlocutory Sale Order for 475 Martin Lane Property by Transferring Defendant Funds to Pay Off Lien of Claimant United Commercial Bank, and (2) MOTION For Release of Defendant Vehicles Pending Appeal 270 filed by Claimant Optional Capital Inc. (pbap, )
October 16, 2006 Filing 278 PLAINTIFF'S OPPOSITION to Kim Claimants' MOTION to (1) Modify Interlocutory Sale Order for 475 Martin Lane Property by Transferring Defendant Funds to Pay Off Lien of Claimant United Commercial Bank, and (2) MOTION For Release of Defendant Vehicles Pending Appeal 270 ; Memorandum of Points and Authorities; Declarations and Exhbits filed by Plaintiff United States of America. (pbap, )
October 16, 2006 Opinion or Order Filing 275 ORDER from 9th CCA filed as to Appeal to Circuit Court, #240 filed by DAS Corporation, CCA # 06-56168. Order received in this district on 10/18/06. The court has determined tthat this appeal will not be selected for inclusion in the Mediattion Program. The assessment conference previously scheduled for November 9, 2006 is canceled. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerks Office. (cbr, )
October 13, 2006 Filing 277 OPPOSITION to Plaintiff's MOTION Regarding Defendant 475 Martin Lane Property 259 , Exhibits; Declarations filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
October 13, 2006 Filing 276 OPPOSITION to MOTION for Order for Sealing Deposition Transcript 260 ; Declaration ; Exhbits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
October 12, 2006 Filing 273 MINUTES OF PROCEEDINGS IN CHAMBERS held before Judge Audrey B. Collins RE: Kim Claimants' EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date for Plaintiff's Supplemental Opposition to Kim Claimants' Motion for Summary Judgment 265 . The Court sets the following briefing schedule. The Government's and DAS Corporation's supplemental opposition shall be filed by 10/30/2006. The Kim Claimant's supplemental reply shall be filed and served no later than by 11/13/2006. The hearing on the motion for summary judgment is hereby set for 1/22/2007 at 10:00 AM.Court Reporter: none present. (pbap, )
October 11, 2006 Filing 272 NOTICE OF JOINDER AND JOINDER TO re MOTION for Order for resolving disputes over the conditions for interlocutory sale of the defendant Martin Lane Property, and requiring payment of mortgage obligation 259 ; and (2) Requiring Payment of Mortgage Obligation filed by Intervenor Plaintiff United Commericial Bank. (pbap, )
October 10, 2006 Opinion or Order Filing 274 ORDER from 9th CCA filed as to Appeal to Circuit Court, #240 filed by DAS Corporation, CCA # 06-56168. Order received in this district on 10/13/06. A settlementt assessmentt conference will be held by phone on November 9, 2006, at 2:00 p.m. Pacific(San Francisco) Time. (cbr, )
October 6, 2006 Filing 271 REPLY to OPPOSITION to EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date for Plaintiff's Supplemental Opposition to Kim Claimants' Motion for Summary Judgment pursuant to FRCP 56(f) 265 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
October 6, 2006 Filing 270 NOTICE OF MOTION AND MOTION to (1) Modify Interlocutory Sale Order for 475 Martin Lane Property by Transferring Defendant Funds to Pay Off Lien of Claimant United Commercial Bank, and (2) MOTION For Release of Defendant Vehicles Pending Appeal; Exhibits; Declarations filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. Motion set for hearing on 10/30/2006 at 10:00 AM before Judge Audrey B. Collins. Lodged proposed order. (pbap, ) Modified on 10/13/2006 (pbap, ).
October 5, 2006 Filing 269 OPPOSITION to EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date for Plaintiff's Supplemental Opposition to Kim Claimants' Motion for Summary Judgment pursuant to FRCP 56(f) 265 ; Declaration of William K. Mills filed by Claimant DAS Corporation. (pbap, )
October 5, 2006 Filing 268 OPPOSITION to EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date on Motion for Summary Judgment pursuant to FRCP 56(f) 265 filed by plaintiff United States of America. (pbap, )
October 5, 2006 Filing 267 DECLARATION of Ralph Rogari in Response to Kim Claimants EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date for Plaintiff's Supplemental Opposition to Kim Claimants' Motion for Summary Judgment pursuant to FRCP 56(f) 265 filed by Claimant Optional Capital Inc. (pbap, )
October 4, 2006 Filing 266 REPLY to Kim Claimants' OPPOSITION to APPLICATION for Order for Sealing Motion for Order Sealing Deposition Transcript and Related Papers, 262 filed by plaintiff United States of America. (pbap, )
October 4, 2006 Filing 265 EX PARTE APPLICATION for Order for Set Briefing Schedule and Hearing Date for Plaintiff's Supplemental Opposition to Kim Claimants' Motion for Summary Judgment pursuant to FRCP 56(f) filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Lodged proposed order. (pbap, )
October 3, 2006 Filing 264 OPPOSITION to GOVERNMENT'S APPLICATION for Order for Sealing Motion for Order Sealing Deposition Transcript 262 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
October 3, 2006 Opinion or Order Filing 263 SEALED DOCUMENT - ORDER by Judge Audrey B. Collins GRANTING GOVERNMENT'S APPLICATION for Order for Sealing Motion for Order Sealing Deposition Transcript and Related Papers, 262 . (pbap, )
October 3, 2006 Opinion or Order Filing 261 NOTICE OF DISCREPANCY AND ORDER: by Judge Collins, ORDERING Application order Sealing motion, order, motion submitted by Plaintiff United States of America received on 10/21/06 is to be filed and processed. The filing date is ORDERED to be the date the document was stamped "received but not filed" with the Clerk.(pbap, ) Modified on 10/12/2006 (pbap, ).
October 2, 2006 Filing 262 SEALED DOCUMENT - GOVERNMENT'S APPLICATION for Order for Sealing Motion for Order Sealing Deposition Transcript and Related Papers, Memorandum of Points and Authorites; Declaration of John E. Lee. . (pbap, )
October 2, 2006 Filing 260 SEALED DOCUMENT - NOTICE OF MOTION AND MOTION for Order for Sealing Deposition Transcript; Memorandum of Points and Authorities; Declaration of John E. Lee . Motion set for hearing on 10/30/2006 at 10:00 AM before Judge Audrey B. Collins. (pbap, ) Modified on 10/11/2006 (pbap, ).
October 2, 2006 Filing 259 NOTICE OF MOTION AND MOTION for Order for resolving disputes over the conditions for interlocutory sale of the defendant Martin Lane Property, and requiring payment of mortgage obligation filed by plaintiff United States of America. Motion set for hearing on 10/30/2006 at 10:00 AM before Judge Audrey B. Collins. (bp, )
October 2, 2006 Filing 258 RESPONSE to MOTION for Attorney Fees 227 filed by claimants Christopher Kim, Bora Lee, Erica M Kim, Se Young Kim, Young Ai Kim. (bp, )
September 25, 2006 Filing 256 Plaintiff's OBJECTIONS to Kim CLaimants Request for Award of Attorney Fees 227 ; Exhibits filed by Plaintiff United States of America. (shb, )
September 19, 2006 Filing 254 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, #230 filed by Optional Capital Inc; Court of Appeals Case Number: 06-56158 (car, )
September 18, 2006 Filing 255 MINUTES OF Status Conference held before Judge Audrey B. Collins. Status Conference following depositions taken in Korea. Counsel report the outcome of depositions taken in Korea. Further motions shall be filed no later than 10/2/06.Court Reporter: Katherine Stride. (pbap, )
September 12, 2006 Filing 253 JOINT STATUS REPORT re Taking of Preservation Depositions in the Republic of Korea filed by Plaintiff United States of America. (shb, )
September 11, 2006 Filing 252 NOTIFICATION by Circuit Court of Appellate Docket Number 06-56168, 9thCCA regarding Appeal to Circuit Court,, #240 filed by DAS Corporation,. (lm, )
September 8, 2006 Filing 251 MINUTES OF IN CHAMBERS held before Judge Audrey B. Collins RE: KIM CLAIMANTS' RENEWED MOTION for An Award of Attorney Fees 227 , is GRANTED with respect to the disposition of the May 2004 Properties. The Court hereby BIFURCATES the calculation of the fee award in order to allow the Government an opportunity to respond to the Kim Claimant's revised fee statement for the Quinn Emanuel work. The Court hereby ORDERS that the Government file any such objections by 9/25/06. Kim Claimants may respond no later than 10/2/06.Court Reporter: none present. (pbap, )
August 31, 2006 Filing 246 NOTIFICATION by Circuit Court of Appellate Docket Number 06-56158, 9th CCA regarding Appeal to Circuit Court, #230 filed by Optional Capital Inc,. (kks )
August 30, 2006 Filing 257 NOTICE OF ERRATA filed by Claimant Optional Capital Inc. correcting Appeal to Circuit Court #240 (car, )
August 30, 2006 Civil Appeals Docketing Statement received from Claimant Optional Capital Inc forwarded to 9th CCA. RE: Appeal to Circuit Court, #240 (car, )
August 30, 2006 Filing 248 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: None requested; Re: Appeal to Circuit Court #230 . (cbr, )
August 25, 2006 Filing 249 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 07/05/06; Court Reporter: Katherine Stride; Re: Appeal to Circuit Court #240 . (cbr, )
August 24, 2006 Filing 244 MINUTES OF PROCEEDINGS IN CHAMBERS held before Judge Audrey B. Collins : ORDER RE Seclection of Interpreter for Depositions in Korea. The parties are thus ORDERED to meet and confer by 3:00 p.m. today, August 24, 2006, to agree upon an interpreter not previously objected to by any of the parties. The parties may meet and confer telephonically. An attorney for the United States of America should report to the Court Clerk, Daphne Alex, by 3:00 p.m. today with the name of the interpreter agreed upon by all parties. The Court does not intend to intervene if the parties cannot agree. Court Reporter: none present. (pbap, )
August 23, 2006 Filing 250 MINUTES OF Status Conference held before Judge Audrey B. Collins: Court and counsel discuss the depositions to be taken in Korea and the specifics as so Ordered by this Court. Court Reporter: Katherine Stride. (gk, )
August 23, 2006 Filing 247 NOTICE of availability of certified Korean interpreters by the state of California and Central District of the United States District court for preservation depositions in Korea filed by claimants' Christopher Kim, Erica M Kim, Se Young Kim, Young Ai Kim. (bp, )
August 23, 2006 Opinion or Order Filing 243 ORDER ESTABLISHING PROCEDURES for Taking Preservation Depositions in the Republic of Korea: IT IS ORDERED by Judge Audrey B. Collins as follows: The Kim claimants APPLICATION for Reconsideration 232 is DENIED. The Kim claimants APPLICATION for Clarification is GRANTED in part and DENIED in part. FURTHER ORDERED that the Kim claimants application clarification and the government application for an order regarding the conduct of depositions are GRANTED in part and DENIED in part as follows. In addition to other applicable rules and procedures, the following shall apply: 1) Voluntary depositions shall be taken in the Republic of Korea. At this time, the following witnesses have been confirmed, although the schedule below may be subject to modification (including as to time) within the dates indicated below in order to accommodate the convenience of the witnesses: (1) 8/28/2006 at 09:00 AM for Jin Young Lee; (b) 8/29/2006 at 09:00 AM for Kyu Sung Jung; (c) 8/30/2006 at 09:00 AM for Yoon Jung Kim; (d) 8/31/2006 at 09:00 AM for Mee Gui Kwak; (e) 9/1/2006 at 9:00 AM for Yoon Kyung Kim; (f) 9/1/2006 at 02:00 PM for Min Joo Kim; (g) 9/2/2006 at 09:00 AM for Yoo Sun Oh (see document for further details.) (jp)
August 22, 2006 Filing 245 NOTICE of Lodging of Current Draft of Proposed Order Regarding Procedures for Depositions in the Republic of Korea filed by Plaintiff United States of America. (pbap, )
August 22, 2006 PLACED IN FILE - NOT USED re Proposed order Reconsidering the Court's order Grantinging the Government Leave to Take Depositions in Korea, and Denying the Government's Reqeust to Take the Depositions submitted by Claimants Christopher Kim, Bora Lee, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
August 17, 2006 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #240 (car, )
August 16, 2006 Filing 242 MINUTES OF PROCEEDINGS: Status Conference held before Judge Audrey B. Collins. Defendant's ex parte application to reconsider is denied. The Court will allow counsel from the State Court action to be present, but not participating, at the Korean depositions. The Court ORDERS the Korean deposition taken via videotape. Kim claimant's MOTION for for costs and fees 227 , is denied. The Government shall attempt to acquire the deposition schedule and include 2 additionally named deponents to the schedule. A further Status Conference set for 8/23/2006 10:00 AM.Court Reporter: Katherine Stride. (pbap, )
August 16, 2006 PLACED IN FILE - NOT USED re proposed order denying application for reconsideration of order granting plaintiff's motion for leave to take preservation depositions in the Republic of Korea, granting clarification of said order, and setting procedures for the conduct of the depositions submitted by plaintiff United States of America. (pbap, )
August 16, 2006 Filing 239 MINUTES OF PROCEEDINGSIN CHAMBERS ORDER held before Judge Audrey B. Collins: During the 8/16/06 status conference, the Court ordered that the depositions of the Korean witnesses be videotaped. The Court also noted the United States Attorney's responsibility for ensuring that the facilities in which the deposition will be taken would be appropriate to accommodate the proceedings. The Court now brings to the parties' attention that depositions taken under the procedures of the Consular Convention need not be taken at the Embassy or Consulate, but rather can be taken at any location in Korea et al.Court Reporter: none present. (pbap, )
August 16, 2006 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, #230 (car, )
August 15, 2006 Filing 241 REPRESENTATION STATEMENT re Appeal to Circuit Court, 240]. (car, )
August 15, 2006 Filing 240 NOTICE OF APPEAL to 9th CCA filed by Claimant DAS Corporation. Appeal of the Amended Final Judgment #223 , Filed On: 7/26/06; Entered On: 7/28/06 and all interlocutory orders that gave rise to that judgment, including but not limited to the Order #210 Re: Claimants' Motion for Order Releasing May 2004 Properties, filed on 7/12/06, entered on July 14, 2006. Filing fee $455, Paid. Receipt number 87669. cc: David B. Parker; John Lee, United States Attorney, Ralph Rogari, Eric Honig. (car, ) Modified on 8/17/2006 (car, ). Modified on 8/30/2006 (car, ).
August 15, 2006 Filing 238 MINUTES OF PROCEEDINGS IN CHAMBERS ORDER held before Judge Audrey B. Collins re EX PARTE APPLICATION for Reconsideration and or Clarification of Order Granting Plaintiff's Motion for Leave to Take Preservation Depositions in the Republic of Korea 232 , is DENIED. The Court has scheduled a Status Conference set for 8/16/2006 10:00 AM.Court Reporter: not present. (pbap, )
August 15, 2006 Filing 237 OPPOSITION to Hidden Request of the United States Attorney that counsel with an Egregious Conflict of Interest, be Allowed to Participate in the Preservation Depositions; Request for Monetary Sanctions; Declaration of Ralph Rogari filed by Claimant Optional Capital Inc. (pbap, )
August 15, 2006 Filing 236 REPLY TO OPPOSITION TO EX PARTE APPLICATION for Reconsideration and or Clarification of Order Granting Plaintiff's Motion for Leave to Take Preservation Depositions in the Republic of Korea 232 ; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
August 14, 2006 Filing 235 GOVERNMENT'S OPPOSITION to Kim Claimants' APPLICATION for Reconsideration and or Clarification 232 ; (2) Application for Issuance of an Order Regarding the Conduct of the Depositions; Declaration of John E. Lee; Declaration of Lisa J. Yang filed by Plaintiff United States of America. Lodged proposed order (pbap, )
August 14, 2006 Filing 234 OPPOSITION to EX PARTE APPLICATION for Reconsideration of Preservation Depositions filed by the Kim Claimants 232 filed by Claimant Optional Capital Inc. (pbap, )
August 14, 2006 Filing 233 OPPOSITION to EX PARTE APPLICATION for Reconsideration and or Clarification of Order Granting Plaintiff's Motion for Leave to Take Preservation Depositions in the Republic of Korea 232 ; Declaration of Stuart H. Baggish filed by Claimant DAS Corporation. (pbap, )
August 14, 2006 Filing 230 NOTICE OF APPEAL to 9th CCA filed by Claimant Optional Capital Inc. Appeal of Judgment #211 . Filed On 6/12/06; Entered On: 7/14/06, Judgment #223 Filed On: 7/26/06; Entered On: 7/28/06; Filing fee $455, Paid. Receipt number 87643. cc: Ralph Rogari; John Lee.(car, )
August 10, 2006 Filing 232 EX PARTE APPLICATION for Reconsideration and or Clarification of Order Granting Plaintiff's Motion for Leave to Take Preservation Depositions in the Republic of Korea; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Lodged proposed order. (pbap, )
August 10, 2006 Filing 228 MINUTES: On 7/24/06, the Kim claimants filed their renewed motion for attorneys' fees. The court received the United States of America's opposition on 7/31/06, and the Kim claimants' reply on 8/7/06. Upon consideration of the parties' papers and the case file, the court finds the motion appropriate for decision without oral argument. Accordingly, the court hereby VACATES the 8/18/06 hearing date and takes the matter under submission. Judge Audrey B. Collins :Court Reporter: None present. (bp, )
August 7, 2006 Filing 231 REPLY to OPPOSITION TO Kim Claimant's MOTION for Attorney Fees 227 ; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
July 31, 2006 Filing 229 OPPOSITION to Kim Claimants Renewed Motion for Attorney Fees 227 ; Declaration of John E Lee filed by Plaintiff United States of America. (ir, )
July 26, 2006 Filing 223 AMENDED FINAL JUDGMENT Pursuant to FRCP 54(b) as to May 2004 Properties #211 by Judge Audrey B. Collins. *see document for further details*(pbap, )
July 24, 2006 Filing 227 NOTICE OF MOTION AND RENEWED MOTION for An Award of Attorney Fees; Declaration; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 8/14/2006 at 10:00 AM before Judge Audrey B. Collins. Lodged proposed order. (pbap, )
July 24, 2006 PLACED IN FILE - NOT USED re order granting leave to take preservation depositions in the Republic of Korea submitted by plaintiff United States of America. (pbap, )
July 24, 2006 Filing 222 MINUTES OF Motion Hearing held before Judge Audrey B. Collins re MOTION for Leave to take Preservation Depositions in The Republic of Korea 207 , is granted. The hearing on Defendants' motions for Summary Judgment, presently scheduled on 8/14/06, are taken off-calendar, pending taking of the preservation depositions. Status Conference set for 9/18/2006 10:00 AM. A Joint status report shall be submitted on later than 9/12/06.Court Reporter: Katherine Stride. (pbap, )
July 24, 2006 Opinion or Order Filing 216 ORDER by Judge Audrey B. Collins GRANTING PLAINTIFF'S MOTION for Leave to take Preservation Depositions in The Republic of Korea 207 . (pbap, )
July 21, 2006 Filing 226 OBJECTION TO AND MOTION TO STRIKE "Government's Notice of Filing of Reporter's Transcript of May 17, 2006 Proceedings In the State Court Action; Response to Notice; Declarations; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
July 20, 2006 PLACED IN FILE - NOT USED re proposed order releasing May 2004 properties to Kim claimants submitted by claimants Christopher Kim, Erica M Kim, Se Young Kim. (bp, )
July 20, 2006 Filing 225 NOTICE OF ERRATA re: reply to oppositions to motion for summary judgment filed on 7/17/06 filed by Claimants Christopher Kim, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. correcting (bp, )
July 20, 2006 Filing 224 NOTICE of filing of reporter's transcript of 5/17/06 proceedings in the state court action filed by plaintiff United States of America. (bp, )
July 19, 2006 Filing 221 EX PARTE APPLICATION to enter amended judgment pursuant to Courts 7/5/06 Orders filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Lodged order. (rrey, )
July 17, 2006 Filing 220 RESPONSE TO OBJECTIONS of plaintiff government and claimant DAS Corporation to Kim claimants Declarations in support of MOTION for Summary Judgment 162 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (rrey, )
July 17, 2006 Filing 219 LEGAL AND FACTUAL OBJECTIONS TO EVIDENCE of plaintiff United States and claimant DAS Corporation submitted in opposition to Kim claimants MOTION for Summary Judgment 162 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (rrey, )
July 17, 2006 Filing 218 REPLY to Oppositions to MOTION for Summary Judgment 162 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Declaration. Exhibits (rrey, )
July 17, 2006 Filing 217 GOVERNMENT'S REPLY to Oppositions to MOTION for Leave to take Preservation Depositions in The Republic of Korea 207 ; Declaration of John E. Lee filed by Plaintiff United States of America. (pbap, )
July 12, 2006 Filing 215 MEMORANDUM of Points and Authorities Concerning Issuance of Final Judgment Pursuant to FRCP 54(B) as to May 2004 Properties; [Proposed] Final Judgment Pursuant to FRCP 54(b) as to May 2004 Properties filed by Plaintiff United States of America. lodged proposed judgment(pbap, )
July 12, 2006 Filing 213 REQUEST that the Court Certify its Order Granting the Kim Claimants' Motion for Return of the May 2004 Properties Under Rule 54(b) filed by Claimant DAS Corporation. (pbap, )
July 12, 2006 Filing 211 FINAL JUDGMENT Prusuant to FRCP 54(b) as to May 2004 Properties by Judge Audrey B. Collins. *see document for further details*(pbap, )
July 12, 2006 Opinion or Order Filing 210 ORDER by Judge Audrey B. Collins Re Claimants MOTION for Order for Releasing May 2004 Properties 150 , is GRANTED. However, the Court hereby STAYS its ORder releasing the May 2004 Properties pending the likely appeal of this Order. Judgment is hereby entered as to the May 2004 Properties in favor of the Kim Claimants. If they intend to appeal this Order, Optional or DAS must do so within thirty (30) days of the date of this Order.(pbap, )
July 10, 2006 Filing 214 OPPOSITION to Plaintiff's MOTION For Leave to Take Depositions in Korea 207 ; Declaration of Eric Honig; Exhibits filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
July 10, 2006 Filing 212 Pursuant to the Court Order of July 5, Claimant's REQUESTS that the Court Certify an Interlocutory Appeal Pursuant to 28 USC 1292(B) filed by Claimant Optional Capital Inc. (pbap, )
July 10, 2006 Filing 209 OPPOSITION to Government's MOTION for Leave to take Preservation Depositions 207 ; Declaration of Mary Lee in Support filed by Claimant Optional Capital Inc. (pbap, )
July 10, 2006 Filing 208 NOTICE of Association of Counsel associating attorney Mary Lee on behalf of Claimant Optional Capital Inc. Filed by claimant Optional Capital, Inc (bb, )
July 6, 2006 Filing 205 MINUTES OF Settlement Conference held before Judge Paul L. Abrams. Case called. Counsel made their appearances. Settlement Conference held. No settlement was reached by parties. If counsel believe that further settlement conferences would be beneficial at a later date, counsel should contact the court clerk to schedule such conferences.Tape #: 06-22 (2182-2546). (ch, )
July 5, 2006 Filing 206 MINUTES OF PROCEEDINGS Motion Hearing held before Judge Audrey B. Collins RE: Claimant's MOTION for Order for Releasing May 2004 Properties 150 , is GRANTED. Counsel may brief the issue of interlocutory appeal, no later than 7/12/06. A proposed final judgment is due not later than 7/19/06.Court Reporter: Katherine Stride. (pbap, )
July 3, 2006 Filing 207 GOVERNMENT'S NOTICE OF MOTION AND MOTION for Leave to take Preservation Depositions in The Republic of Korea; Memorandum of Points and Authorities; Declaration of John E. Lee filed by Plaintiff United States of America. Motion set for hearing on 7/24/2006 at 10:00 AM before Judge Audrey B. Collins. Lodged proposed order. (pbap, )
June 23, 2006 Filing 204 REQUEST that the Court not consider or grant any Ex Parte Applications that might be filed while counsel is out of the County between 6/22/06 and 7/3/06; Declaration of Eric Honig filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (ir, )
June 22, 2006 Opinion or Order Filing 192 ORDER by Judge Audrey B. Collins re GRANTING EXPARTE APPLICATION for Extension of Time to File Reply Memorandum to Opposition to Kim Claimants' Motion for Summary Judgment 191 , due on or before 7/17/06. (pbap, )
June 21, 2006 Filing 191 EXPARTE APPLICATION for Extension of Time to File Reply Memorandum to Opposition to Kim Claimants' Motion for Summary Judgment; Declaration of Eric Honig filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Lodged proposed order. (pbap, )
June 20, 2006 Filing 203 PROOF OF SERVICE filed by Claimant DAS Corporation of Opposition to Motion 198 , Declaration 199 , Declaration 200 , Objections 201 , Statement 202 was served on 6/19/06. (ir, )
June 20, 2006 Filing 202 STATEMENT of Genuine Issues in opposition to Motion for Summary Judgment 162 filed by Claimant DAS Corporation. (ir, )
June 20, 2006 Filing 201 OBJECTIONS to Kim Claimants Evidence in support of Motion for Summary Judgment 162 filed by Claimant DAS Corporation. (ir, )
June 20, 2006 Filing 200 DECLARATION of William K Mills in opposition to Motion for Summary Judgment 162 filed by Claimant DAS Corporation. (ir, )
June 20, 2006 Filing 199 DECLARATION of Margaret Keene in opposition to Motion for Summary Judgment 162 filed by Claimant DAS Corporation. (ir, )
June 20, 2006 Filing 198 OPPOSITION to Motion for Summary Judgment 162 filed by Claimant DAS Corporation. (ir, )
June 19, 2006 Filing 197 DECLARATION of Cameron Saxey, Margaret Keene, Kyewon Ko and John E. Lee re MOTION for Summary Judgment 162 filed by plaintiffs' United States of America. (VOLUME II) (bp, )
June 19, 2006 Filing 196 DECLARATION of Cameron Saxey, Margaret Keene, Kyewon Ko and John E. Lee in opposition to MOTION for Summary Judgment 162 filed by plaintiff United States of America. (bp, )
June 19, 2006 Filing 195 EVIDENTIARY OBJECTIONS re MOTION for Summary Judgment 162 filed by plaintiff United States of America. (bp, )
June 19, 2006 Filing 194 STATEMENT of GENUINE ISSUES re MOTION for Summary Judgment 193 filed by plaintiff United States of America. (bp, )
June 19, 2006 Filing 193 OPPOSITION TO KIM CLAIMANTS' MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION for Summary Judgment filed by plaintiff United States of America. Motion set for hearing on 8/14/2006 at 10:00 AM before Judge Audrey B. Collins. (bp, )
June 15, 2006 Filing 190 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins RE: MOTION to Dismiss as to Credit Suisse Foreign Bank accounts for Lack of in rem Jurisdiction 156 , is DENIED. Court Reporter: none present. *see document for furthr details* (pbap, )
June 9, 2006 Opinion or Order Filing 187 ORDER RE: MOTION TO COMPEL 133 by Judge Paul L. Abrams. The Kim claimants' Motion to Compel, file don 5/3/06, is DENIED, except as to the three property profiles listed as numbers 4, 5, and 7 in DAS' original privilege log. [See Order for specific details.](ch, )
June 8, 2006 Filing 189 MINUTES OF PROCEEDINGS IN CHAMBERS ORDER held before Judge Audrey B. Collins : DENYING Claimant's Motion for Attorneys' Fees (filed 10/20/05). *see document for further details*Court Reporter: none present. (pbap, )
June 8, 2006 Filing 188 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins DENYING with out prejudice Claimant's MOTION to Stay pending Extradition of Witness/Claimant Christopher Kim 149 . Court Reporter: none present. (pbap, ) *see document for further details*
June 8, 2006 Filing 186 REQUEST for Status Conference filed by plaintiff United States of America. (pbap, )
June 7, 2006 Filing 185 SUPPLEMENTAL DECLARATION of Ralph Rogari in Support of EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition 131 of Expert After June 15, 2006 filed by Claimant Optional Capital Inc. (pbap, )
June 6, 2006 Filing 184 MINUTES OF PROCEEDINGS IN CHAMBERS held before Judge Audrey B. Collins RE: MOTION to Stay pending Extradition of Witness/Claimant Christopher Kim 149 , currently set for hearing for 6/12/06. The Court, however, finds this Motion appropriate for submission without oral argument. Accordingly, the Court hereby VACATES the June 12, 2006 hearing date and takes the matter under submission. Court Reporter: none present. (pbap, )
June 6, 2006 Filing 183 MINUTES OF PROCEEDINGSIN CHAMBERS held before Judge Audrey B. Collins RE Claimants' Motion to Dismiss Complaint as to Credit Susse Foreign Bank Accounts for Lack of In Rem Jurisdiction 156 and MOTION for Order for Releasing May 2004 Properties 150 , Motion scheduled for hearing on 6/12/06 is continued to Wednesday, 7/5/2006 at 10:00 AM.Court Reporter: none present. (pbap, )
June 6, 2006 Filing 182 MINUTES OF PROCEEDINGSIN CHAMBERS held before Judge Audrey B. Collins re: A hearing is set for Motion for An Award of Attorneys' Fees set for 6/12/06. The Court, however, finds this Motion appropriate for submission without oral argument. Accordingly, the Court hereby VACATES the June 12, 2006 hearing date and takes the matter under sumbission. Court Reporter: none present. (pbap, )
June 6, 2006 Filing 181 OPPOSITION to EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Optional's Expert's Deposition beyond the Discovery Cut-off 131 ; Declaration of Eric Honig filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
June 6, 2006 Filing 180 OBJECTION TO AND MOTION TO STRIKE JOINDER OF Claimant Optional Capital in Opposition of the United States to MOTION to Dismiss as to Credit Suisse Foreign Bank accounts 156 ; Request for Restraining Order filed by Claimant Optional filed by Claimants Christopher Kim, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim. (pbap, )
June 6, 2006 Filing 179 JOINDER IN OPPOSITION of the United States as to MOTION to Dismiss as to Credit Suisse Foreign Bank accounts 156 ; Request for Restraining Order filed by claimant Optional Capital Inc. (pbap, )
June 6, 2006 Filing 171 MINUTES OF PROCEEDINGSIN CHAMBERS ORDER held before Judge Audrey B. Collins. On 6/2/06, the Court approved a stipulation between the parties continuing the hearing date for Claimant's MOTION for Summary Judgment 162 , which was originally set for 6/19/06. The parties proposed to move the hearing date to 7/24/06, but the court set the hearing date for 8/8/06. In light of the Court's approval of the parties' stipulation, the Court hereby VACATES the July 24, 2006 pretrial date and the August 8, 2006 jury trial date. *see document for further details*Court Reporter: none present. (pbap, )
June 6, 2006 Opinion or Order Filing 169 ORDER RE SETTLEMENT CONFERENCE by Judge Paul L. Abrams. A Settlement Conference will be held on 7/6/06, at 2:00 p.m. NO LATER THAN 6/29/06, EACH PARTY SHALL SUBMIT A CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT DIRECTLY TO THE CHAMBERS OF MAGISTRATE JUDGE ABRAMS. [See Order for details.](ch, )
June 5, 2006 Opinion or Order Filing 178 ORDER by Judge Audrey B. Collins Granting the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1)to Appear Before magistrate judge for settlement proceedings. Court will exempt case from ADR because of complexity and Kim's custody status.(pbap, )
June 5, 2006 Filing 177 REPLY to OPPOSITION to Claimant's Motion for An Award of Attorneys' Fees filed by Claimants Christopher Kim, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
June 5, 2006 PLACED IN FILE - NOT USED re proposed order dismissing complaint as to Credit Suisse Foreign Bank Accounts submitted by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
June 5, 2006 Filing 176 REPLY to Opposition to MOTION to Stay pending Extradition of Witness/Claimant Christopher Kim 149 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
June 5, 2006 Filing 175 REPLY to Oppositions to MOTION for Order for Releasing May 2004 Properties 150 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Se Young Kim, Young Ai Kim. (pbap, )
June 5, 2006 Filing 174 REPLY to Plaintiff's Opposition to MOTION to Dismiss as to Credit Suisse Foreign Bank accounts for Lack of in rem Jurisdiction 156 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (pbap, )
June 2, 2006 Opinion or Order Filing 173 STIPULATION AND ORDER by Judge Audrey B. Collins Continuing MOTION for Summary Judgment 162 and setting new briefing schedule; set for 6/19/06 to 8/14/2006 at 10:00 AM. Objections due by 6/19/2006, Replies due 7/10/06.(pbap, )
June 1, 2006 Opinion or Order Filing 172 STIPULATION AND ORDER by Judge Audrey B. Collins Enlarging by One Day the Date for the Filing an Opposition to Motion for an Award of Attorneys' Fees. Motion is schedule for hearing on 6/12/06.(pbap, )
May 31, 2006 Filing 170 OPPOSITION to Kim Claimant's Motion for an Award of Attorneys' Fees; Declaration of John e. Lee; Exhibits filed by Plaintiff United States of America. (pbap, )
May 26, 2006 Filing 168 OPPOSITION to MOTION TO RETURN PROPERTY 150 , filed by claimants Optional Capital Inc. (rla, )
May 26, 2006 Filing 167 OPPOSITION to the MOTION to release May 2004 Properties 150 , filed by claimant DAS Corporation. (rla, )
May 26, 2006 Filing 166 OPPOSITION to MOTION to Stay Extradition of Witness/Claimant Christopher Kim 149 , filed by plaintiff United States of America. (rla, )
May 26, 2006 Filing 165 OPPOSITION to MOTION to Dismiss Complaint for Lack of Jurisdiction 156 ; Memorandum of Points and Authorities; Declaration and Exhibits, filed by plaintiff United States of America. (rla, )
May 26, 2006 Filing 164 OPPOSITION to MOTION for Order for Releasing May 2004 Properties 150 ; Memorandum of Points and Authorities; Exhibits, filed by plaintiff United States of America. (rla, )
May 25, 2006 Filing 163 NOTICE OF ERRATA filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. submitting revised Declaration of Eric Hogin 158 with attachment of exhibits D, E, F and 27. (pcl, )
May 24, 2006 Filing 162 NOTICE OF MOTION AND MOTION for Summary Judgment ; Memorandum of Points and Authorities filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 6/19/2006 at 10:00 AM before Judge Audrey B. Collins. (pcl, )
May 24, 2006 Opinion or Order Filing 161 STIPULATION To Permit Claimants Memorandum of Points and Authorities Portion of Motion for Summary Judgment to Exceed LR 11-6 Limit by Not More Than Ten Pages; AND ORDER by Judge Audrey B. Collins : The court orders Claimants Memorandum of Points and Authorities exceeding 25 pages to be filed.(pcl, )
May 24, 2006 PLACED IN FILE - NOT USED : [Proposed] Order Granting EX PARTE APPLICATION for Clarification or Limitation of May 18, 2006 Order Re Assertion of Privilege, Supplementation of Privilege Logs, and in Camera Review of Documents for Which Privilege is Asserted submitted by claimant DAS Corporation. (pcl, )
May 24, 2006 Opinion or Order Filing 155 MINUTES OF IN CHAMBERS ORDER by Judge Paul L. Abrams. The Court has considered the Ex Parte Application for Clarification or Limitation 151 filed by claimant DAS Corporation on 5/22/06, and the Opposition thereto filed on 5/23/06. DAS' Application is GRANTED IN PART, and the Court's Order of 5/18/06, is hereby modified as follows: [See Order for details.] (ch, )
May 23, 2006 Filing 160 NOTICE OF MOOTNESS OF GOVERNMENTS EX PARTE APPLICATION for Leave to Take Preservation Depositions 140 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (mg, )
May 23, 2006 Filing 159 NOTICE TO COURT of Motions filed by 5/22/06 cut-off date, and Notice of only motions for which the parties have met and conferred pursuant to LR 7-3; and REQUEST to Strike any other motions that might be filed; filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (mg, )
May 23, 2006 Filing 158 DECLARATIONS of Christopher Kim, Bora Lee, Se Young Kim, Young Ai Kim, Eric Honig and Carl Knudson in support of Kim Claimants Summary Judgment Motion; and Exhibits in support thereto; filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (mg, )
May 23, 2006 Filing 157 OPPOSITION to claimant DAS Corporations EX PARTE APPLICATION for Order for Clarification or Limitation of May 18, 2006 Order Re Assertion of Privilege, Supplementation of Privilege Logs, and in Camera Review of Documents for Which Privilege is Asserted 151 ; Points and authorities; Declaration of Eric Honig; filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. (mg, )
May 23, 2006 Filing 156 NOTICE OF MOTION AND MOTION to Dismiss as to Credit Suisse Foreign Bank accounts for Lack of in rem Jurisdiction filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 6/12/2006 at 10:00 AM before Judge Audrey B. Collins. (mg, )
May 23, 2006 Filing 154 Certification and Notice of Interested Parties filed by Claimants Se Young Kim, Young Ai Kim. (pbap, )
May 23, 2006 Filing 153 Certification of Interested Parties filed by Claimant Alexandria Investment LLC. (pbap, )
May 23, 2006 Filing 147 Certification of Interested Parties filed by Claimant First Stephora Avenue Inc. (pbap, )
May 22, 2006 Filing 152 DECLARATION of Stuart Baggish in Support of EX PARTE APPLICATION for Order for Clarification or Limitation of May 18, 2006 Order Re Assertion of Privilege, Supplementation of Privilege Logs, and in Camera Review of Documents for Which Privilege is Asserted 151 filed by Claimant DAS Corporation. (pbap, )
May 22, 2006 Filing 151 EX PARTE APPLICATION for Order for Clarification or Limitation of May 18, 2006 Order Re Assertion of Privilege, Supplementation of Privilege Logs, and in Camera Review of Documents for Which Privilege is Asserted filed by Claimant DAS Corporation. Lodged proposed order. (pbap, )
May 19, 2006 Filing 150 NOTICE OF MOTION AND MOTION for Order for Releasing May 2004 Properties filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Alexandria Investment LLC, Se Young Kim, Young Ai Kim. Motion set for hearing on 6/12/2006 at 10:00 AM before Judge Audrey B. Collins. (pbap, )
May 19, 2006 Filing 149 NOTICE OF MOTION AND MOTION to Stay Extradition of Witness/Claimant Christopher Kim filed by Claimants Alexandria Investment LLC, Se Young Kim, Young Ai Kim, Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim. Motion set for hearing on 6/12/2006 at 10:00 AM before Judge Audrey B. Collins. (pbap, )
May 18, 2006 Filing 148 REBUTTAL SUPPLEMENTAL Memorandum in Opposition to MOTION to Compel 133 ; Declaration of Stuart Baggish filed by Claimant DAS Corporation. (pbap, )
May 18, 2006 Filing 146 MINUTES OF IN CHAMBERS ORDER held before Judge Paul L. Abrams. DAS shall submit to the Court, ex parte and UNDER SEAL, a declaration from counsel setting forth the factual basis for its claims that each of the documents included in its privilege log is subject to work product protection, and shall also submit, for IN CAMERA review, copoies of the documents being withheld. THE HEARING SET FOR 5/30/06, IS HEREBY ORDERED OFF CALENDAR 133 . [See Order for details.] (ch, )
May 16, 2006 Filing 145 SUPPLEMENTAL MEMORANDUM in Support of MOTION to Compel 133 filed by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim, Young Ai Kim, Se Young Kim, Alexandria Investment, LLC (esa, )
May 11, 2006 Opinion or Order Filing 142 STIPULATION AND ORDER by Judge Audrey B. Collins to Allow Deposition of Claimaint Christopher Kim after May 22, 2006.(pbap, )
May 10, 2006 Filing 144 REPLY to Kim Claimants' Oppositon to EX PARTE APPLICATION for Leave to Take Preservation Depositions 140 filed by plaintiffs United States of America. (esa, )
May 10, 2006 PLACED IN FILE - NOT USED re [Proposed] Order Staying Discovery as to the claims of claimants Erica M Kim andFirst Stephora Avenue, In. submitted by claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim. (esa, )
May 8, 2006 Opinion or Order Filing 143 ORDER by Judge Audrey B. Collins Granting for Leave to Take Preservation Depositions 140 (esa, )
May 5, 2006 Opinion or Order Filing 141 STIPULATION AND ORDER by Judge Audrey B. Collins Continuing Expert Disclosure to 5/24/06 and Discovery cut-off to 6/15/2006.(pbap, )
May 4, 2006 Filing 140 EX PARTE APPLICATION for Leave Take Preservation Depositions; Memorandum of Points and Authorities: Declaration of John E Lee, filed by plaintiff United States of America. Lodged Proposed Order. (rla, )
May 4, 2006 Filing 139 Governments Joiner in APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim 131 ; Declaration of John E Lee, filed by plaintiff United States of America. (rla, )
May 3, 2006 Opinion or Order Filing 138 ORDER by Judge Audrey B. Collins GRANTING EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim 131 , which shall take place on or before 5/22/06, for (5) additional hours. (pbap, )
May 3, 2006 Filing 136 JOINDER filed by Claimant Optional Capital Inc inEX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim beyond the Discovery Cut-off or, alternatively to Preclude his Testimony at Trial 131 . (pbap, )
May 3, 2006 Filing 135 REPLY DECLARATION OF STUART H. BAGGISH in Support of EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim beyond the Discovery Cut-off or, alternatively to Preclude his Testimony at Trial 131 filed by Claimant DAS Corporation. (pbap, )
May 3, 2006 Filing 134 JOINT Discovery Stipulation filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim. (pbap, )
May 3, 2006 Filing 133 NOTICE OF MOTION AND MOTION to Compel Production of Documents and Answers to Interrogatories filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim etc. Motion set for hearing on 5/30/2006 at 10:00 AM before Judge Paul L. Abrams. (pbap, )
May 2, 2006 Filing 137 OPPOSITION to EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim beyond the Discovery Cut-off 131 ; Declaration of Eric Honig filed by Claimaints Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim. (pbap, )
May 1, 2006 Filing 132 DECLARATION of Stuart H. Baggish in Support of EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim beyond the Discovery Cut-off or, alternatively to Preclude his Testimony at Trial 131 ; Memorandum of Points and Authorities filed by Claimant DAS Corporation. (pbap, )
May 1, 2006 Filing 131 EX PARTE APPLICATION for Modification of Scheduling Order to Permit Further Deposition of Claimant Christopher Kim beyond the Discovery Cut-off or, alternatively to Preclude his Testimony at Trial; Memorandum of Points and Authorites filed by Claimant DAS Corporation. Lodged proposed order. (pbap, )
April 28, 2006 Filing 129 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Paul L. Abrams for discovery. Case number will now read CV 04-2788 ABC (PLAx). (rn, )
April 26, 2006 Opinion or Order Filing 130 STIPULATION AND ORDER by Judge Audrey B. Collins Continuing Discovery cut-off to 5/16/2006 to Complete Noticed Depositions.(pbap, )
April 25, 2006 Opinion or Order Filing 128 STIPULATION AND ORDER by Judge Audrey B. Collins : Recognizing Lien of United Commerical Bank and Providing For Interlocutory Sale of Martin Lane Property. *see document for further details*(pbap, )
April 17, 2006 Opinion or Order Filing 127 STIPULATION AND ORDER by Judge Audrey B. Collins Recognizing Lien of United Commerical Bank and Providing For Interlocutory Sale of Martin Lane Property. *see document for further details*(pbap, )
April 17, 2006 Filing 126 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins re EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc 116 , is DENIED without prejudice.Court Reporter: None Present. (pbap, )
April 13, 2006 Filing 125 REPLY to OPPOSITIONS to EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc 116 filed by Claimants First Stephora Avenue Inc, Erica M Kim. (pbap, )
April 12, 2006 Filing 124 OPPOSITION to EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc 116 based on Fifth Amendment Right of Eric Kim filed by Claimant DAS Corporation. (pbap, )
April 12, 2006 Filing 123 GOVERNMENT'S OPPOSITION to EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc 116 filed by Plaintiff United States of America. (pbap, )
April 12, 2006 Filing 122 OPPOSITION to EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc 116 filed by Claimant Optional Capital Inc. (pbap, )
April 11, 2006 Filing 121 SEALED DOCUMENT - DECLARATION of Eric Honig in Support of EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc 116 . (pbap, )
April 11, 2006 Opinion or Order Filing 120 ORDER by Judge Audrey B. Collins PERMITTING Declaration of Eric Honig to be Filed Under Seal 117 . (pbap, )
April 11, 2006 Filing 118 NOTICE of Filing Under Seal filed by claimants First Stephora Avenue Inc, Erica M Kim. (pbap, )
April 11, 2006 Filing 117 APPLICATION to Seal Declaration of Eric Honig filed by Claimants Erica M Kim, First Stephora Avenue Inc. Lodged declaration and proposed order. (pbap, )
April 11, 2006 Filing 116 EX PARTE APPLICATION For Stay of Discovery as to the Claims of Erica Kim and First Stephora Avenue, Inc; Declaration of Eric Honig filed by Claimants First Stephora Avenue Inc, Christopher Kim. Lodged proposed order. (pbap, )
April 10, 2006 Filing 119 REPLY to OPPOSITION to EX PARTE APPLICATION for Order for to Hold Depositions of Parties at Metropolitan Detention Center 109 filed by Claimants Christopher Kim, Bora Lee, First Stephora Avenue Inc, Erica M Kim. (pbap, )
April 7, 2006 Filing 112 NOTICE of Joinder in Opposition to Request by KY Kim for order that all remaining Depositions be Scheduled at MDC filed by Claimant Optional Capital Inc. (pbap, )
April 7, 2006 Opinion or Order Filing 110 ORDER by Judge Audrey B. Collins DENIED EX PARTE APPLICATION for Order for to Hold Depositions of Parties at Metropolitan Detention Center to Allow Claimant Prisoner Christopher Kim to Attend 109 . (pbap, )
April 6, 2006 Filing 115 STIPULATION Permitting Taking of Deposition of Claimant Christopher Kim; and ORDER Thereon by the Honorable Audrey B. Collins. It is hereby ordered that the deposition of claimant Christopher Kim may be taken in these consolidated proceedings at the Metropolitan Detention Center as agreed to by the parties with the concurrence of MDC or as ordered by the Court.(pcl, )
April 6, 2006 Filing 114 OPPOSITION to the Kim Claimants' EX PARTE APPLICATION for Order to Hold Depositions of Parties at Metropolitan Detention Center 109 filed by Claimant DAS Corporation. (pcl, )
April 6, 2006 Filing 113 OPPOSITION to The Kim Claimants' EX PARTE APPLICATION for Order to Hold Depositions of Parties at Metropolitan Detention Center 109 filed by plaintiff United States of America. (pcl, )
April 5, 2006 Filing 109 EX PARTE APPLICATION for Order to Hold Depositions of Parties at Metropolitan Detention Center to Allow Claimant Prisoner Christopher Kim to Attend filed by Claimants Christopher Kim, Bora Lee. Lodged proposed order. (pbap, )
April 3, 2006 Opinion or Order Filing 111 STIPULATION AND ORDER by Judge Audrey B. Collins to continue hearing on Kim Claimants' Motion for an Award of Attorneys' Fees, Currently set for 4/17/06 continued to 6/12/2006 at 10:00 AM.(pbap, )
March 23, 2006 Filing 108 Substitution of Attorney filed. Substituting attorney Eric Honig for Christopher Kim in place and stead of attorney Eugene T Chen and John Steven Gordon by Judge Audrey B. Collins.(jp, )
March 23, 2006 Filing 107 Substitution of Attorney filed. Substituting attorney Eric Honig for Bora Lee in place and stead of attorney Eugene T Chen and John Steven Gordon by Judge Audrey B. Collins.(jp, )
February 15, 2006 Opinion or Order Filing 106 STIPULATION AND ORDER by Judge Audrey B. Collins that the Motion for an Award of Attorneys Fees 89 is CONTINUED to 4/17/2006 at 10:00 AM. Opposition due 3/20/2006; Reply due 3/27/2006. (jp, )
February 14, 2006 FAX number for Attorney Roger Yuen is 213-689-8887. (pbap, )
February 1, 2006 Opinion or Order Filing 104 MINUTES OF IN CHAMBERS ORDER by Judge Audrey B. Collins Re: DAS Corporation's MOTION to Modify Scheduling Order and For Leave to Amend Answer to File Cross-Claim Against Optional Capital, Inc 101 , is DENIED and takes the hearing on the motion off calendar for 2/6/06. Court Reporter: not present. *see document for further details* (pbap, )
February 1, 2006 ***Terminated 2/6/06 motion hearings. (pbap, )
January 31, 2006 PLACED IN FILE - NOT USED re Proposed Cross-Claim for (1) declaratory relief; (2) Breach of Contract; (3) Breachof the Implied Covenant of Good Faith and Fair Dealing; and (4) Brech of Fiduciary Duty submitted by Claimant and Cross-Claimant DAS Corporation. (pbap, )
January 30, 2006 Filing 105 REPLY in Support of MOTION to Modify Scheduling Order and For Leave to Amend Answer to File Cross-Claim Against Optional Capital 101 filed by Claimant DAS Corporation. (pbap, )
January 23, 2006 Filing 103 OPPOSITION to MOTION of Claimant DAS Corporation to Modify Scheduling Order and to File Cross-Claim 101 ; Declaration of Ralph Rogari filed by claimant Optional Capital Inc. (pbap, )
January 12, 2006 Filing 102 NOTICE of lodging proposed DAS Corporation's Cross-Claim for (1) Declaratory Relief; (2) Brieach of the implied covenant of good faith and fair dealing; and (4) Breach of Fiduciary Duty filed by Claimant DAS Corporation. Lodged pros cross-claim(pbap, )
January 12, 2006 Filing 101 MOTION to Modify Scheduling Order and For Leave to Amend Answer to File Cross-Claim Against Optional Capital, Inc.; Memorandum of Points and Authorities filed by Claimant DAS Corporation. Motion set for hearing on 2/6/2006 at 10:00 AM before Judge Audrey B. Collins. (pbap, )
January 4, 2006 Filing 100 NOTICE OF RULING ON EX PARTE APPLICATION FOR MODIFICATION OF SCHEDULING ORDER TO EXTEND TO ADD CLAIMS filed by Claimant DAS Corporation. (shb, )
December 19, 2005 Opinion or Order Filing 99 EX PARTE ORDER by Judge Audrey B. Collins denying 96 Ex Parte Application Order Modifying Scheduling Order to Extend Time to Add Claims. (jp, )
December 16, 2005 Filing 98 DECLARATION of Ralph Rogari In Opposition to EX PARTE APPLICATION to Modify Scheduling Order to Extend Time to File Claims 96 filed by Claimants Optional Capital Inc. (yl, )
December 16, 2005 Filing 97 DECLARATION of Gina A. Leago in Support of 96 EX PARTE APPLICATION For Modification of Scheduling Order to Extend Time to Add Claims filed by Claimant DAS Corporation. (pbap, )
December 16, 2005 Filing 96 EX PARTE APPLICATION For Modification of Scheduling Order to Extend Time to Add Claims; Memorandum of Points andAuthorities filed by Claimant DAS Corporation. Lodged proposed order. (pbap, )
November 29, 2005 PLACED IN FILE - NOT USED re Summons submitted by plaintiff United Commericial Bank. (pbap, )
November 22, 2005 Filing 95 Notice of Interested Parties filed by Intervenor Plaintiff United Commericial Bank. (pbap, )
November 22, 2005 Filing 94 COMPLAINT IN INTERVENTION against defendants Does 1-50 inclusive, Kyungjoon Kim aka Christopher Kim, Chris Kim; United States of America, filed by Intervenor Plaintiff United Commericial Bank.(pbap, )
November 22, 2005 Opinion or Order Filing 93 MINUTES OF IN CHAMBERS ORDER by Judge Audrey B. Collins RE: MOTION to Intervene 86 . UCB's unopposed Motion is GRANTED Accordingly, the November 28, 2005 hearing regarding UCB's Motion is hereby taken off calendar.Court Reporter: none present. (pbap, )
November 9, 2005 Filing 92 Substitution of Attorney filed. Substituting attorney David B Parker for DAS Corporation in place and stead of attorney Christopher Kim by Judge Audrey B. Collins.(pbap, )
November 9, 2005 FAX number for Attorney David B Parker is (213) 622-1444. (pbap, )
November 8, 2005 Filing 91 REQUEST to Substitute attorney David Parker in place of attorney Christopher Kim filed by plaintiff DAS Corporation. Lodged proposed order. (pbap, )
November 8, 2005 Filing 90 EX PARTE APPLICATION for Order Granting Request for Withdrawal of Attorneys and for Substitution of New Attorneys; Declarations of Sung Woo Kim, Philip Grant, and David Parker filed by Claimant DAS Corporation. (pbap, )
November 3, 2005 Opinion or Order Filing 89 STIPULATION AND ORDER by Judge Audrey B. Collins that the hearing on the Kim Claimants' Motion for an award of attorney's fees and costs shall be continued to 2/27/2006 at 10:00 AM.(pbap, )
October 31, 2005 Filing 88 DECLARATION of Ralph Rogari in support of MOTION to Disqualify Counsel Lim, Kim and Ruger as counsel for claimant 87 filed by claimant Optional Capital Inc. (bp, )
October 31, 2005 Filing 87 NOTICE OF MOTION AND MOTION to Disqualify Counsel Lim, Kim and Ruger as counsel for claimant filed by claimant Optional Capital Inc. Motion set for hearing on 11/21/2005 at 10:00 AM before Honorable Audrey B. Collins. (bp, )
October 28, 2005 Filing 86 NOTICE OF MOTION AND MOTION for an Order for Intervention; Memorandum of Points and Authorities; Declaration of William Goldrick filed by Intervenor Plaintiff United Commericial Bank. Motion set for hearing on 11/28/2005 at 10:00 AM before Honorable Audrey B. Collins. Lodged complaint, ntc of int parties, summons. (pbap, )
October 24, 2005 Filing 85 MINUTES OF Scheduling Conference held before Judge Audrey B. Collins. The Court sets the following dates: Add Claims/parties Cut-Off due by 12/19/2005. Discovery cut-off 5/1/2006. Expert Discovery Cut-Off: 6/1/2006. Law & Motion Cut-Off 5/22/06. Final Pretrial Conference set for 7/24/2006 10:00 AM. Jury Trial set for 8/8/2006 08:30 AM. The Court vacates the ADR requirement. Counsel shall notify the Court within 10 days of the parties alternate selection.Court Reporter: Katherine Stride. (pbap, )
October 24, 2005 Opinion or Order Filing 84 MINUTES OF PROCEEDINGS IN CHAMBERS ORDER by Judge Audrey B. Collins :, NOTICE VACATING ADR REFERRAL by Judge Audrey B. Collins : Notice is given to the parties that the reference to the Alternative Dispute Resolution Pilot Program, General Order 02-07 is vacated. All further settlement procedures in this action shall be pursuant to Local Rule R 16-14. (pbap, )
October 18, 2005 Filing 83 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10-12 days. (pbap, )
October 13, 2005 Opinion or Order Filing 82 ORDER by Judge Audrey B. Collins: granting 81 Ex Parte Application to Stay order re claimants' motion to dismiss, or alternatively for a more definite statement pending further review. (sv)
October 13, 2005 PLACED IN FILE - NOT USED re proposed order striking verified claim and statement of interest of DAS Corporation submitted by claimants Christopher Kim, Bora Lee. (sv)
October 11, 2005 Filing 81 EX PARTE APPLICATION for Order Staying Order Re: Claimants' Motion to Dismiss or, in the alternative, for More Definite Statement Pending Further Review filed by Plaintiff United States of America. Lodged proposed order. (pbap, )
October 11, 2005 Opinion or Order Filing 80 MINUTES OF IN CHAMBERS ORDER by Judge Audrey B. Collins RE: Claimants Christopher Kim and Bora Lee's NOTICE OF MOTION AND MOTION to Strike Verified Claim and Statement of Interest of DAS Corporation 71 , is DENIED. Court Reporter: not present. (pbap, )
October 7, 2005 Filing 79 REPLY in Support of MOTION to Strike Verified Claim and Statement of Interest of DAS Corporation 71 filed by Claimants Christopher Kim, Bora Lee. (pbap, )
October 7, 2005 Filing 78 REQUEST FOR JUDICIAL NOTICE in Support ot Dlaimants Christopher Kim and Bora Lee's Reply in Support of MOTION to Strike Verified Claim and Statement of Interest of DAS Corporation 71 filed by Claimants Christopher Kim, Bora Lee. (pbap, )
October 6, 2005 Filing 77 ANSWER to First Amended Complaint 30 filed by Claimant Optional Capital Inc.(pbap, )
October 4, 2005 Filing 76 NOTICE of Filing of Certified Copies of U.S. Marshal's Office Publication Documents and DAS Corporation's Verified Claim and Statement of Interest in Support of Motion and Motion to Strike Verified Claim and Statement of Interest of DAS Corporation filed by Claimants Christopher Kim, Bora Lee. (pbap, )
October 3, 2005 Filing 75 DECLARATION of Lisa J. Yang in support of MOTION to Strike Verified Claim and Statement of Interest of Das Corporation 66 71 filed by claimant DAS Corporation. (ca, )
October 3, 2005 Filing 74 OPPOSITION to MOTION to Strike Verified Claim and Statement of interest of Das Corporation 66 71 filed by claimant DAS Corporation. (ca, )
September 27, 2005 Filing 70 ANSWER to First Amended Complaint 30 filed by Claimant DAS Corporation.(pbap, )
September 26, 2005 Opinion or Order Filing 72 MINUTES OF PROCEEDINGS IN CHAMBERS ORDER by Judge Audrey B. Collins : The Court directs the parties in the referenced cases to meet and confer and hold a joint settlement conference.Court Reporter: not reported. (pbap, )
September 20, 2005 Opinion or Order Filing 73 JOINT STIPULATION AND ORDER by Judge Audrey B. Collins that the time for bringing motions to strike under FRCP 12(f) in the cases shall extended until the motion cut-off date in each respective case. The motions to strike currently set for hearing on 10/3/05, incase case numer CV 05-3910 and CV 04-3386, are off calender.(pbap, )
September 20, 2005 Filing 71 Claimants CHristopher Kim and Bora Lee's NOTICE OF MOTION AND MOTION to Strike Verified Claim and Statement of Interest of DAS Corporation 66 ; Memorandum of points and authorities filed by claimants Christopher Kim, Bora Lee. Motion set for hearing on 10/17/2005 at 10:00 AM before Honorable Audrey B. Collins. Lodged proposed order. (shb, )
September 7, 2005 Filing 67 Certification of Interested Parties filed by Claimant DAS Corporation. (pbap, )
September 7, 2005 Filing 66 VERIFIED CLAIM AND STATEMENT OF INTEREST filed by Claimant DAS Corporation. (pbap, )
September 7, 2005 FAX number for Attorney Philip G Grant, Christopher Kim, Lisa J Yang is (213) 955-9511. (pbap, )
September 7, 2005 Filing 65 DEMAND for Jury Trial filed by Claimant Optional Capital Inc.(pbap, )
September 6, 2005 Opinion or Order Filing 68 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING amended answer to first amended complaint submitted by Claimant Christopher Kim received on 9/2/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(shb, )
September 2, 2005 Filing 69 Claimant Christopher Kim aka Kyung Joon Kim's AMENDED ANSWER to First Amended Complaint 30 by Claimant Christopher Kim. (shb, )
September 1, 2005 Filing 64 ANSWER to First Amended Complaint 30 ; Jury Trial Demanded filed by Claimant Christopher Kim.(pbap, )
September 1, 2005 Filing 63 ANSWER to First Amended Complaint 30 JURY DEMAND. filed by Claimant Bora Lee.(pbap, )
August 17, 2005 PLACED IN FILE - NOT USED re [Proposed] Order granting claimants moton to dismiss pursuant to federal Rule of Civil Procedure 12(b))6), or in the alternative, for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e) submitted by claimants Christopher Kim, Bora Lee,Erica M. Kim, Se Young Kim, Young Ai Kim, First Stephora Avenue, Inc., and Alexandria Investment, LLC. (ca, )
August 17, 2005 PLACED IN FILE - NOT USED re [Proposed] Order staying civil forfeiture proceddings pursuant to 18:981(d) submitted by plaintiff United States of America. (ca, )
August 17, 2005 Opinion or Order Filing 60 MINUTES OF PROCEEDINGS (IN CHAMBERS) ORDER by Judge Audrey B. Collins : Claimants' MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the alternative, for a More Definite Statement 46 , is DENIED. Accordingly, the Court takes this matter off calender for 8/22/05. Court Reporter: none present. (pbap, )
August 17, 2005 Opinion or Order Filing 59 MINUTES OF PROCEEDINGS (IN CHAMBERS) ORDER by Judge Audrey B. Collins that the Court DENIES MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the alternative, for a More Definite Statement 46 . Court Reporter: none present. (pbap, )
August 17, 2005 Opinion or Order Filing 58 MINUTES OF PROCEEDINGS IN CHAMBERS ORDER by Judge Audrey B. Collins DENYING without prejudice Government's APPLICATION for Order for Staying Civil Forfeiture Proceedings 42 Court Reporter: none present. (pbap, )
August 16, 2005 Opinion or Order Filing 61 ORDER by Judge Audrey B. Collins : granting 55 Ex Parte Application for Order Sealing Declaration in Support of Stay Application. Upon consideration of the application of plaintiff USA for an order sealing "Declaration in Support of Stay Application," and good cause appearing, IT IS HEREBY ORDERED that said application is GRANTED. (yl, )
August 15, 2005 Filing 57 REPLY to Government Opposition to claimants MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the alternative, for a More Definite Statement 46 filed by claimants Christopher Kim, Bora Lee. (jp, )
August 15, 2005 Filing 56 REPLY to Claimants Opposition to APPLICATION for Order for a Stay Civil Forfeiture Proceedings 42 filed by plaintiff United States of America. (jp, )
August 15, 2005 Filing 55 EX PARTE APPLICATION for Order for Sealing "Declaration in support of Stay Application"; Memorandum of Points and Authorities; Declaration of John E Lee filed by plaintiff United States of America. Lodged Proposed Order and Under Seal Declaration. (jp, )
August 11, 2005 Opinion or Order Filing 53 ORDER by Judge Audrey B. Collins,, Set Hearings: Scheduling Conference set for 10/24/2005 10:00 AM before Honorable Audrey B. Collins.(yc, )
August 10, 2005 Opinion or Order Filing 54 STIPULATION AND ORDER by Judge Audrey B. Collins granting Claimants One (1) Additional day to file Opposition to the Government APPLICATION for Order for Staying Civil Forfeiture Proceedings 42 .(jp, )
August 10, 2005 Filing 52 OPPOSITION to APPLICATION for Order for Staying Civil Forfeiture Proceedings 42 filed by claimants Christopher Kim, Bora Lee. (lc, )
August 8, 2005 Filing 51 Givernment's OPPOSITION to MClaimants Christopher Kim's and Bora Lee's OTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the alternative, for more definite statement 46 filed by Plaintiff United States of America. (shb, )
August 1, 2005 Filing 50 PROCESS RECEIPT AND RETURN (USM-285) Re: Publication returned executed upon 475 Martin Lane, Beverly Hills, California on July 6, 13, 20, 2005. Remarks: See Publication. (pbap, )
August 1, 2005 Filing 49 SERVICE by Publication (First Amended Notice) filed by Plaintiff United States of America. Dates of publication are: Jul 6, 13, 20, 2005. (pbap, )
August 1, 2005 Opinion or Order Filing 48 STIPULATION AND ORDER by Judge Audrey B. Collins that 1. Claimants Motion to Dismiss, currently noticed for hearing on August 15, 2005, shall be set for hearing on August 22, 2005; 2. The govenment's Application for Order Staying Civil Forfeiture Proceeding shall be set for hearing on August 22, 2005; 3. The parties respective opposition and reply briefs shall be filed in accordance with the Local Rules, except the courtesy copies shall be served on counsel by mail and facsimile and delivered to chambers. (ca, )
July 27, 2005 Filing 44 Notice of Interested Parties filed by Claimant Optional Capital Inc. (pbap, )
July 27, 2005 Filing 43 VERIFIED CLAIM AND STATEMENT OF INTEREST filed by Claimant Optional Capital Inc. (pbap, )
July 26, 2005 Filing 47 REQUEST FOR JUDICIAL NOTICE In Support of Claimant's MOTION to Dismiss 46 filed by Claimants Christopher Kim, Bora Lee. (yl, )
July 26, 2005 Filing 46 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the alternative, for a More Definite Statement; Memorandum of Points and Authorities filed by Claimants Christopher Kim and Bora Lee. Motion set for hearing on 8/15/2005 at 10:00 AM before Honorable Audrey B. Collins. Lodged Proposed Order. (yl, )
July 26, 2005 Filing 45 Notice of Interested Parties filed by Claimants Christopher Kim, Bora Lee. (pbap, )
July 25, 2005 Filing 42 GOVERNMENT'S APPLICATION for Order for Staying Civil Forfeiture Proceedings Pursuant to 18 U.S.C. 981(g); Memorandum of Points and Authorities; Declaration of John E. Lee filed by Plaintiff United States of America. Lodged proposed order. (pbap, )
July 15, 2005 Opinion or Order Filing 41 MINUTES OF PROCEEDINGSIN CHAMBERS ORDER by Judge Audrey B. Collins : Plaintiff's Counsel Response to Order to Show Cause in writing due by 8/5/2005.Court Reporter: not reported. (pbap, )
July 7, 2005 Filing 40 PROCESS RECEIPT AND RETURN (USM-285) of Amended Complaint/Notice - (Discovery) 1 upon 475 Martin Lane, Beverly Hills, California served on 6/14/2005, answer due 7/5/2005, by Federal statute. (pbap, )
July 7, 2005 Filing 36 FILING OF RECORDED Lis Pendens filed by Plaintiff United States of America. (jp, )
July 6, 2005 Filing 39 AMENDED PROOFS OF SERVICE filed by claimants Christopher Kim, Bora Lee re Verified Statement of Interest In Defendant Property 37 , 38 , was served on 7/6/2005. (jp, )
July 6, 2005 Filing 38 VERIFIED STATEMENT of Interest in Defendant Property filed by Claimant Bora Lee. (jp, )
July 6, 2005 Filing 37 VERIFIED STATEMENT of Interest in Defendant Propoerty filed by Claimant Christopher Kim. (jp, )
June 23, 2005 Filing 34 NOTICE of Change of Address by attorney Monica E Tait for Plaintiff Seal 1, changing Change of Attorney Information re CA State Bar ID Number 157311. Filed by Plaintiff United States of America (shb, )
May 31, 2005 Opinion or Order Filing 35 ORDER UNSEALING CASE FILE by Judge Audrey B. Collins: Upon the Ex Parte Application for an order nsealing Case File 33 and its contents in this matter, and good cause appearing, IT IS HEREBY ORDERED that said application is GRANTED. The entire case file, including all documents on file in this matter, shall be UNSEALED by the Clerk, FURTHER ORDERED that, upon the unsealing of the case file, the government shall promptly serve the complaint and process and provide any notice that may be required under the Right to Financial privacy Act. (jp, )
May 31, 2005 Opinion or Order Filing 32 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING ex parte applicaton, order and status report submitted by Plaintiff Seal 1 received on 5/27/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ca, )
May 31, 2005 Filing 30 FIRST AMENDED COMPLAINT against defendant, Seal A amending Complaint - (Discovery) 1 ,filed by plaintiff, Seal 1. (sv)
May 27, 2005 Filing 33 EX PARTE APPLICATION for Order Unsealing Case File: Memorandum of Points and Authorities; Declarations of John E. Lee filed by Plaintiff Seal 1. (pbap, )
May 27, 2005 Filing 31 STATUS REPORT filed by Plaintiff Seal 1. (ca, )
December 22, 2004 Opinion or Order Filing 29 ORDER by Judge Audrey B. Collins that plaintiff Ex Parte Application 27 is GRANTED. The government status report, its application to seal the status report, and this Order shall be filed under seal until further order of the Court. (jp, )
December 20, 2004 Filing 28 STATUS REPORT filed by Plaintiff Seal 1. (jp, )
December 20, 2004 Filing 27 EX PARTE APPLICATION for Order sealing status report; Memorandum of Points and Authorities; Declaration of John E. Lee filed by plaintiff Seal 1. Lodged Proposed Order. (jp, )
December 20, 2004 Opinion or Order Filing 26 ORDER by Judge Audrey B. Collins that the Application 24 is GRANTED. Notice that financial records are being sought or obtained by the goverment from the following entities shall be delayed by ninety (90) days from the date that the financial records from these entities are first received by the government pursuant to subpoena (see document further details). (jp, )
December 20, 2004 Opinion or Order Filing 25 ORDER by Judge Audrey B. Collins that Application 23 is GRANTED. The government Ex Parte Application for Order Delaying Notice and Further Continue delay period under right to Financial Privacy Act, Memorandum of Points and Authorities, Declaration of Cameron Saxey, the government application to seal the foregoing documents and its related documents, including this Order, shall be filed under seal until further order of the Court. (jp, )
December 17, 2004 Filing 24 GOVERNMENT EX PARTE APPLICATION for Order delaying notice and further contiuing delay period under Right to Financial Privacy Act; Memorandum of Points and Authorities; Declaration of Cameron Saxey filed by plaintiff Seal 1. (jp, )
December 17, 2004 Filing 23 GOVERNMENT EX PARTE APPLICATION for Order SEaling Application for Order Delaying Notice and Further Continue delay period under right to Financial Privacy Act and related documents; Memorandum of Points and Authorities; Declaration of Cameron Saxey filed by plaintiff Seal 1. (jp, )
December 7, 2004 Filing 22 MINUTES before Judge Audrey B. Collins: (IN CHAMBERS). The Court notes no actions has taken place in the above-referenced action, since August 26, 2004. The Government shall file Status Report, under seal, no later than 12/20/2004.Court Reporter: Not reported. (jp, )
August 26, 2004 Opinion or Order Filing 21 ORDER by Judge Audrey B. Collins granting 18 Ex Parte Application to Seal Application for order delaying notice and continuing delay period under Right to Financial Privacy Act and related documents 18 , 19 until further order of the Court. (mg, )
August 26, 2004 Opinion or Order Filing 20 ORDER by Judge Audrey B. Collins granting 19 Ex Parte Application for Order delaying notice and continuing delay period under Right to Financial Privacy Act. (mg, )
August 25, 2004 Filing 19 EX PARTE APPLICATION for Order delaying notice and continuing delay period under Right to Financial Privacy Act; Memorandum of points and authorities; Declaration of Cameron Saxey; filed by plaintiff Seal 1. Lodged proposed order. (mg, )
August 25, 2004 Filing 18 EX PARTE APPLICATION for order sealing Application for order delaying notice and continuing delay period under Right to Financial Privacy Act and related documents; Memorandum of points and authorities; declaration of Cameron Saxey; filed by plaintiff Seal 1. Lodged proposed order. (mg, )
June 22, 2004 Opinion or Order Filing 17 ORDER by Judge Audrey B. Collins: The ex parte application for an order delaying delivery and service of process until the unsealing of the complaint 15 is granted. Delivery and service of process upon the defendant real property including the delivery of a copy of the complaint and the publication of notice of this action, shall be delayed until such time the complaint for forfeiture is unsealed, unless otherwise ordered by the Court. (ir )
June 22, 2004 Opinion or Order Filing 16 ORDER by Judge Audrey B. Collins: The ex parte application for an order sealing its application for an order delaying delivery and service of process until the unsealing of the complaint 14 is granted. Governments ex parte application for an order delaying delivery and service of process until the unsealing of the complaint, memorandum of points and authorities, declaration of Cameron Saxey, the governments application to seal the foregoing documents and its related documents, including this order, shall be filed under seal until further order of the Court. (ir)
June 17, 2004 Filing 15 GOVERNMENT'S EX PARTE APPLICATION for Order Delaying Delivery and Service of Process Until the Unsealing of the Complaint; Memorandum of Points and Authorities; Declaration of Cameron Saxey filed by Plaintiff Seal 1. (pbap, )
June 17, 2004 Filing 14 EX PARTE APPLICATION for Order Sealing Application for Order Delaying Delivery and Service of Process; Memorandum of points and Authorities; declaration of Cameron Saxey filed by Plaintiff Seal 1. (pbap, )
May 18, 2004 Opinion or Order Filing 13 ORDER by Judge Audrey B. Collins granting EX PARTE APPLICATION for Order 10 Delaying Notice Under Right to Financial Privacy Act for 90 days from the date they are received by the government: 1) Mellon Bank NA, and 2) World Savings and Loan Association. It is further ordered that said entities are prohibited from disclosing that financial records are being sought by, or that such records have been provided to the government.(mg, )
May 18, 2004 Opinion or Order Filing 12 ORDER by Judge Audrey B. Collins granting EX PARTE APPLICATION for Order sealing Further Application for Order Delaying Notice Under Right to Financial Privacy Act and Related Documents 11 , Memorandum of Points and Authorities, Declaration of Cameron Saxey, the government's application to seal and its related documents, including this order. (mg, )
May 18, 2004 Filing 11 EX PARTE APPLICATION for Order sealing Further Ex parte application for order delaying Notice Under Right to Financial Privacy Act and Related Documents; Memorandum of points and authorities; Declaration of Cameron Saxey; filed by plaintiff Seal 1. Lodged proposed order; further ex parte application with order. (mg, )
May 18, 2004 Filing 10 FURTHER EX PARTE APPLICATION for Order delaying Notice Under Right to Financial privacy Act; Memorandum of points and authorities; declaration of Cameron Saxey; filed by plaintiff Seal 1. (mg, )
April 26, 2004 Opinion or Order Filing 8 Order by Judge Audrey B. Collins granting EX PARTE APPLICATION for Order Sealing Application for Order Delaying Notice under right to financial privacy act and related documents 6 . (mg, )
April 26, 2004 Opinion or Order Filing 7 ORDER by Judge Audrey B. Collins granting EX PARTE APPLICATION delaying notice under right to financial privacy 5 . (mg, )
April 23, 2004 Opinion or Order Filing 9 ORDER by Judge Audrey B. Collins granting EX PARTE APPLICATION sealing complaint for forfeiture and related documents 3 .(mg, )
April 22, 2004 Filing 6 EX PARTE APPLICATION for order sealing application for order delaying notice under Right to Financial Privacy Act and related documents filed by plaintiff Seal 1. Lodged proposed order. (jag, )
April 22, 2004 Filing 5 EX PARTE APPLICATION for Order delaying notice under right to financial privacy act filed by plaintiff Seal 1. Lodged proposed order. (jag, )
April 21, 2004 Filing 4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, )
April 21, 2004 Filing 3 EX PARTE APPLICATION for order sealing complaint for forfeiture and related documents filed by plaintiff Seal 1. Lodged proposed order. (rrey, )
April 21, 2004 Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Seal 1. (rrey, )
April 21, 2004 Filing 1 COMPLAINT against defendant Seal A.(Filing fee $ 150.) , filed by plaintiff Seal 1.(rrey, )
April 21, 2004 FAX number for Attorney John E Lee is 213-894-7177. (rrey, )

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Search for this case: United States of America v. 475 Martin Lane, Beverly Hills, California
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Plaintiff: United States of America
Represented By: John E. Lee
Represented By: Monica E Tait
Represented By: Steven R Welk
Represented By: Gavin L Greene
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Plaintiff: Seal
Represented By: John E. Lee
Represented By: Monica E Tait
Represented By: Steven R Welk
Represented By: Gavin L Greene
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Defendant: 475 Martin Lane, Beverly Hills, California
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Defendant: Seal A
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Defendant: Does 1-50 inclusive
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Claimant: Christopher Kim
Represented By: Eric Honig
Represented By: Eugene T Chen
Represented By: John Steven Gordon
Represented By: John E. Lee
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Claimant: Optional Capital Inc
Represented By: Andrew Nathan Chang
Represented By: Mary Lee
Represented By: Ralph Rogari
Represented By: Stuart Bruce Esner
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Claimant: DAS Corporation
Represented By: David B Parker
Represented By: Lisa J Yang
Represented By: Michael K Zweig
Represented By: Philip Gary Grant
Represented By: William K Mills
Represented By: Christopher Kim
Represented By: Regina A Leago
Represented By: Stuart H Baggish
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Claimant: Kyung Joon Kim
Represented By: Eric Honig
Represented By: Eugene T Chen
Represented By: John Steven Gordon
Represented By: John E. Lee
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Claimant: KJ Kim
Represented By: Eric Honig
Represented By: Eugene T Chen
Represented By: John Steven Gordon
Represented By: John E. Lee
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Claimant: Chris Kim
Represented By: Eric Honig
Represented By: Eugene T Chen
Represented By: John Steven Gordon
Represented By: John E. Lee
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Claimant: Bora Lee
Represented By: Eric Honig
Represented By: John Steven Gordon
Represented By: Eugene T Chen
Represented By: John E. Lee
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Claimant: Optional Ventures
Represented By: Andrew Nathan Chang
Represented By: Mary Lee
Represented By: Ralph Rogari
Represented By: Stuart Bruce Esner
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Claimant: Daebu Machinery Co Ltd
Represented By: David B Parker
Represented By: Lisa J Yang
Represented By: Michael K Zweig
Represented By: Philip Gary Grant
Represented By: William K Mills
Represented By: Christopher Kim
Represented By: Regina A Leago
Represented By: Stuart H Baggish
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Claimant: First Stephora Avenue Inc
Represented By: Eric Honig
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Claimant: Erica M Kim
Represented By: Eric Honig
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Claimant: Alexandria Investment LLC
Represented By: Eric Honig
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Claimant: Se Young Kim
Represented By: Eric Honig
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Claimant: Young Ai Kim
Represented By: Eric Honig
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Intervenor plaintiff: United Commericial Bank
Represented By: Clifford P Jung
Represented By: Curtis Chuey Jung
Represented By: Roger Yuen
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Intervenor: Law Office of Eric Honig
Represented By: Janet S Sherman
Represented By: Eric Honig
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Intervenor: Eric Honig
Represented By: Janet S Sherman
Represented By: Eric Honig
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