Securities and Exchange Commission v. Private Equity Management Group, Inc. et al
Plaintiff: Securities and Exchange Commission
Defendant: Danny Pang, Private Equity Management Group, LLC, Alex Pang and Private Equity Management Group, Inc.
Petitioner: Daily & Knudson Law Group, [Proposed] Plaintiff Protective Life Insurance Company, Attorney Timothy P. Peabody, Esq., Principal Life Insurance Company and E-Suites Hotels, LLC
Claimant: Nasar Aboubakare, Entie Commercial Bank Ltd, Erwin & Johnson, LLP, Howard Coblentz, Bank Sinopac, Sandra Chang and Taichung Commercial Bank
Intervenor: Learjet Inc., Genesis Insurance Brokers, Limited, Dow Jones & Company, Inc., Internal Revenue Service, Utilities Inc. of Central Nevada and United States of America
Receiver: Thomas A Seaman and Mosier & Company, Inc.
Amicus Curiae: Hua Nan Commerical Bank Ltd. and Hua Nan Investment Trust Corp.
Intervenor Plaintiff: TIS Wealth Management Limited
Not Classified By Court: Standard Chartered Bank (Taiwan) Ltd and Cosmos Bank, Taiwan
Case Number: 2:2009cv02901
Filed: April 24, 2009
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
County: Orange
Presiding Judge: Charles F Eick
Referring Judge: Philip S Gutierrez
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2019 Filing 957 Mail Returned addressed to William Godwin Berry, Return to Sender, No Longer With Quinn Emanuel, re Notice #954 (bm)
April 1, 2019 Filing 956 Notice of Electronic Filing re Notice (Other) #954 e-mailed to Andres Hurwitz, AHurwitz@aalrr.com bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
April 1, 2019 Filing 955 Notice of Electronic Filing re Notice (Other) #954 e-mailed to Siobhan Cullen, siobhan.cullen@dbr.com bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
March 29, 2019 Filing 954 RETURN RECEIPT from U.S. Department of State re passport of Danny Pang. (bm)
March 5, 2019 Filing 953 LETTER TRANSMITTING UNCLAIMED PASSPORT TO US Department of State as to Danny Pang: The following passport was surrendered to this court per order filed on April 27, 2009. We are submitting the passport to your office.(pj)
July 10, 2018 Filing 952 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez; Defendant Danny Pang is deceased. Accordingly, the passport may be disposed in accordance with Clerk's Office procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
January 24, 2017 Filing 951 Notice of Appearance or Withdrawal of Counsel: for attorney Edward D Totino counsel for Receiver Mosier & Company, Inc.. Patrick Hunnius is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Receiver Robert P. Mosier. (Totino, Edward)
January 20, 2017 Filing 950 Notice of Appearance or Withdrawal of Counsel: for attorney Manuel A Abascal counsel for Defendants Alex Pang, Danny Pang. Manuel A. Abascal will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendants Alex Pang and Danny Pang. (Abascal, Manuel)
January 19, 2017 Filing 949 Notice of Appearance or Withdrawal of Counsel: for attorney Manuel A Abascal counsel for Defendants Alex Pang, Danny Pang. Lawrence A. West is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Alex Pang and Danny Pang. (Abascal, Manuel)
January 3, 2017 Opinion or Order Filing 948 CORRECTED AMENDED ORDER (1) APPROVING FINAL ACCOUNT AND REPORT; (2) APPROVING FEES AND COSTS; (3) APPROVING WIND UP TASKS, TRANSFERS, AND FINAL DISTRIBUTION; (4) DISCHARGING RECEIVER; (5) RELIEVING RECEIVER OF ALL DUTIES AND LIABILITIES; (6) CONFIRMING RECEIVER'S CONTROL OVER CERTAIN 401(K) PROCEEDS; (7) APPROVING NOTICE UNDER LOCAL RULE 66-7; AND (8) FOR RELATED RELIEF by Judge Philip S. Gutierrez, re Notice of Lodging #945 (bm)
January 3, 2017 Opinion or Order Filing 947 AMENDED ORDER: by Judge Philip S. Gutierrez, re Notice of Lodging #945 (1) APPROVING FINAL ACCOUNT AND REPORT; (2) APPROVING FEES AND COSTS; (3) APPROVING WIND UP TASKS, TRANSFERS, AND FINAL DISTRIBUTION; (4) DISCHARGING RECEIVER; (5) RELIEVING RECEIVER OF ALL DUTIES AND LIABILITIES; (6) CONFIRMING RECEIVER'S CONTROL OVER CERTAIN 401(K) PROCEEDS; (7) APPROVING NOTICE UNDER LOCAL RULE 66-7; AND (8) FOR RELATED RELIEF (bm)
December 19, 2016 Opinion or Order Filing 946 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS FOR: JUNE 2016, JULY 2016, AUGUST 2016, SEPTEMBER 2016 by Judge Philip S. Gutierrez, re Notice #944 : The Court, having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for June 2016, July 2016, August 2016, and September 2016, and any opposition thereto, and good cause appearing therefor, hereby orders that: Mosier and Company: June 2016: 1. Fees and expenses for the Receiver for the period of June 2016 are approved and allowed in the sum of $42,101.88. The Receiver is authorized to pay himself $42,101.88 in fees and expenses for this period. July 2016: 2. Fees and expenses for the Receiver for the period of July 2016 are approved and allowed in the sum of $14,443.47. The Receiver is authorized to pay himself $14,443.47 in fees and expenses for this period. August 2016: 3. Fees and expenses for the Receiver for the period of August 2016 are approved and allowed in the sum of $7,742.38. The Receiver is authorized to pay himself $7,742.38 in fees and expenses for this period. September 2016: 4. Fees and expenses for the Receiver for the period of September 2016 are approved and allowed in the sum of $7,591.93. The Receiver is authorized to pay himself $7,591.91 in fees and expenses for this period. DLA Piper LLP (US): June 2016: 5. Fees and expenses for DLA Piper LLP (US) for the period of June 2016 are approved and allowed in the sum of $2,205.00. The Receiver is authorized to pay DLA Piper LLP (US) $2,205.00 in fees and expenses for this period. July 2016: 6. Fees and expenses for DLA Piper LLP (US) for the period of July 2016 are approved and allowed in the sum of $7,731.00. The Receiver is authorized to pay DLA Piper LLP (US) $7,731.00 in fees and expenses for this period. Dentons US LLP: June 2016: 7. Fees and expenses for Dentons US LLP for the period of June 2016 are approved and allowed in the sum of $63,856.35. The Receiver is authorized to pay Dentons US LLP $63,856.35 in fees and expenses for this period. July 2016: 8. Fees and expenses for Dentons US LLP for the period of July 2016 are approved and allowed in the sum of $61,288.75. The Receiver is authorized to pay Dentons US LLP $61,288.75 in fees and expenses for this period. August 2016: 9. Fees and expenses for Dentons US LLP for the period of August 2016 are approved and allowed in the sum of $40,286.05. The Receiver is authorized to pay Dentons US LLP $40,286.05 in fees and expenses for this period. September 2016: 10. Fees and expenses for Dentons US LLP for the period of September 2016 are approved and allowed in the sum of $15,405.00 The Receiver is authorized to pay Dentons US LLP $15,405.00 in fees and expenses for this period. Law Offices of A. Lavar Taylor, LLP: June 2016: 11. Fees and expenses for the Law Offices of A. Lavar Taylor, LLP for the period of June 2016 are approved and allowed in the sum of $203.50. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor, LLP $203.50 in fees and expenses for this period. July 2016: 12. Fees and expenses for the Law Offices of A. Lavar Taylor, LLP for the period of July 2016 are approved and allowed in the sum of $10,673.32. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor, LLP $10,673.32 in fees and expenses for this period. August 2016: 13. Fees and expenses for the Law Offices of A. Lavar Taylor, LLP for the period of August 2016 are approved and allowed in the sum of $4,232.50. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor, LLP $4,232.50 in fees and expenses for this period. September 2016: 14. Fees and expenses for the Law Offices of A. Lavar Taylor, LLP for the period of September 2016 are approved and allowed in the sum of $550.00. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor, LLP $550.00 in fees and expenses for this period. (bm)
December 19, 2016 Filing 945 NOTICE OF LODGING filed BY RECEIVER re NOTICE OF MOTION AND MOTION for Order for (1) Approving Final Account and Report; (2) Approving Fees and Costs; (3) Approving Wind Up Tasks, Transfers and Final Distribution; (4) Discharging Receiver; (5) Relieving Receiver of All Duties and Liabiliti #942 , Order on Motion for Order, #943 (Attachments: #1 Proposed Order AMENDED PROPOSED ORDER: (1) APPROVING FINAL ACCOUNT AND REPORT; (2) APPROVING FEES AND COSTS; (3) APPROVING WIND UP TASKS, TRANSFERS, AND FINAL DISTRIBUTION; (4) DISCHARGING RECEIVER; (5) RELIEVING RECEIVER OF ALL DUTIES AND LIABILITIES; (6) CONFIRMING RECEIVERS CONTROL OVER CERTAIN 401(K) PROCEEDS; (7) APPROVING NOTICE UNDER LOCAL RULE 66 7; AND (8) FOR RELATED RELIEF (W/ EXHIBITS A THRU D))(Pujji, Ramnik)
December 14, 2016 Filing 944 NOTICE filed by Receiver Mosier & Company, Inc.. Application for Approval of Fees and Costs for: June 2016, July 2016, August 2016, September 2016 (Attachments: #1 Declaration of Robert Mosier in Support of the Receiver's Application for Approval of Fees and Costs (with Exhibits A thru E), #2 Declaration of Nick Pujji in Support of the Receiver's Application for Approval of Fees and Costs (with Exhibits A thru F), #3 Proposed Order on the Receiver's Application for Approval of Fees and Costs)(Pujji, Ramnik)
November 30, 2016 Opinion or Order Filing 943 ORDER: (1) APPROVING FINAL ACCOUNT AND REPORT; (2) APPROVING FEES AND COSTS; (3) APPROVING WIND UP TASKS, TRANSFERS, AND FINAL DISTRIBUTION; (4) DISCHARGING RECEIVER; (5) RELIEVING RECEIVER OF ALL DUTIES AND LIABILITIES; (6) CONFIRMING RECEIVER'S CONTROL OVER CERTAIN 401(K) PROCEEDS; (7) APPROVING NOTICE UNDER LOCAL RULE 66-7; AND (8) FOR RELATED RELIEF by Judge Philip S. Gutierrez granting #942 MOTION (bm)
October 24, 2016 Filing 942 NOTICE OF MOTION AND MOTION for Order for (1) Approving Final Account and Report; (2) Approving Fees and Costs; (3) Approving Wind Up Tasks, Transfers and Final Distribution; (4) Discharging Receiver; (5) Relieving Receiver of All Duties and Liabilities; (6) Confirming Receiver's Control Over Certain 401(K) Proceeds; (7) Approving Notice Under Local Rule 66-7; and (8) for Related Relief filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 12/19/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1 to Motion for Order Approving Final Account and Report, etc. - Receiver's Final Account and Report, #2 Exhibit A to Receiver's Final Account and Report, #3 Exhibit B to Receiver's Final Account and Report, #4 Exhibit C to Receiver's Final Account and Report, #5 Exhibit D to Receiver's Final Account and Report, #6 Exhibit E to Receiver's Final Account and Report, #7 Declaration of Receiver Robert P. Mosier in Support of Motion for Order Approving Final Account and Report, etc., #8 Declaration of Nick S. Pujji in Support of Motion for Order Approving Final Account and Report, etc., #9 Proposed Order Approving Final Account and Report, etc., #10 Exhibit A to [Proposed] Order Approving Final Account and Report, etc.) (Pujji, Ramnik)
July 15, 2016 Opinion or Order Filing 941 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS FOR: DECEMBER 2015, JANUARY 2016, FEBRUARY 2016, MARCH 2016, APRIL 2016, AND MAY 2016 by Judge Philip S. Gutierrez granting #940 APPLICATION: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for December 2015, January 2016, February 2016, March 2016, April 2016, and May 2016, and any opposition thereto, and good cause appearing therefor, it is hereby ordered that: Mosier and Company, December 2015: 1. Fees and expenses for the Receiver for the period of December 2015 are approved and allowed in the sum of $4,854.90. The Receiver is authorized to pay himself $4,854.90 in fees and expenses for this period. January 2016: 2. Fees and expenses for the Receiver for the period of January 2016 are approved and allowed in the sum of $5,757.12. The Receiver is authorized to pay himself $5, 7 57.12 in fees and expenses for this period. February 2016: 3. Fees and expenses for the Receiver for the period of February 2016 are approved and allowed in the sum of $6,505.32. The Receiver is authorized to pay himself $6,505.32 in fees and expenses for this period. March 2016: 4. Fees and expenses for the Receiver for the period of March 2016 are approved and allowed in the sum of $10,754.23. The Receiver is authorized to pay himself $10,754.23 in fees and expenses for this period. April 2016: 5. Fees and expenses for the Receiver for the period of April 2016 are approved and allowed in the sum of $10,702.95. The Receiver is authorized to pay himself $10,702.95 in fees and expenses for this period. May 2016: 6. Fees and expenses for the Receiver for the period of May 2016 are approved and allowed in the sum of $18,951.33. The Receiver is authorized to pay himself $18,951.33 in fees and expenses for this period. Deloitte Tax LLP: March 2016: 7. Fees and expenses for Deloitte Tax LLP for the period of March 2016 (and any prior months) are approved and allowed in the sum of $10,000.00. The Receiver is authorized to pay the March 19, 2016 Deloitte Tax LLP invoice for $10,000.00 in fees and expenses for this period. May 2016: 8. Fees and expenses for Deloitte Tax LLP for the period of May 2016 (and any prior months) are approved and allowed in the sum of $8,000.00. The Receiver is authorized to pay the June 8, 2016 Deloitte Tax LLP invoice for $8,000.00 in fees and expenses for this period. DLA Piper LLP (US): December 2015: 9. Fees and expenses for DLA Piper LLP (US) for the period of December 2015 are approved and allowed in the sum of $54,654.20. The Receiver is authorized to pay DLA Piper LLP (US) $54,654.20 in fees and expenses for this period. January 2016: 10. Fees and expenses for DLA Piper LLP (US) for the period of January 2016 are approved and allowed in the sum of $28,353.60. The Receiver is authorized to pay DLA Piper LLP (US) $28,353.60 in fees and expenses for this period. February 2016: 11. Fees and expenses for DLA Piper LLP (US) for the period of February 2016 are approved and allowed in the sum of $21,805.25. The Receiver is authorized to pay DLA Piper LLP (US) $21,805.25 in fees and expenses for this period. March 2016: 12. Fees and expenses for DLA Piper LLP (US) for the period of March 2016 are approved and allowed in the sum of $8,677.80. The Receiver is authorized to pay DLA Piper LLP (US) $8,677.80 in fees and expenses for this period. April 2015: 13. Fees and expenses for DLA Piper LLP (US) for the period of April 2016 are approved and allowed in the sum of $2,570.60. The Receiver is authorized to pay DLA Piper LLP (US) $2,570.60 in fees and expenses for this period. May 2016: 14. Fees and expenses for DLA Piper LLP (US) for the period of May 2016 are approved and allowed in the sum of $4 72. 50. The Receiver is authorized to pay DLA Piper LLP (US) $472.50 in fees and expenses for this period. Dentons US LLP: April 2016: 15. Fees and expenses for Dentons US LLP for the period of April 2016 are approved and allowed in the sum of $10,790.00. The Receiver is authorized to pay Dentons US LLP $10,790.00 in fees and expenses for this period. May 2016: 16. Fees and expenses for Dentons US LLP for the period of May 2016 are approved and allowed in the sum of $44,109.30. The Receiver is authorized to pay Dentons US LLP $44,109.30 in fees and expenses for this period. (bm)
July 7, 2016 Filing 940 APPLICATION for Order for on Receivers Application for Approval of Fees and Costs for December 2015, January 2016, February 2016, March 2016, April 2016 and May 2016 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier in Support of Receiver's Application for Approval of Fees and Costs, #2 Exhibit A to Declaration of Robert P. Mosier, #3 Exhibit B to Declaration of Robert P. Mosier, #4 Exhibit C to Declaration of Robert P. Mosier, #5 Exhibit D to Declaration of Robert P. Mosier, #6 Exhibit E to Declaration of Robert P. Mosier, #7 Exhibit F to Declaration of Robert P. Mosier, #8 Exhibit G to Declaration of Robert P. Mosier, #9 Declaration of Nick S. Pujji in Support of Receiver's Application for Approval of Fees and Costs, #10 Exhibit A to Declaration of Nick S. Pujji, #11 Exhibit B to Declaration of Nick S. Pujji, #12 Exhibit C to Declaration of Nick S. Pujji, #13 Exhibit D to Declaration of Nick S. Pujji, #14 Exhibit E to Declaration of Nick S. Pujji, #15 Exhibit F to Declaration of Nick S. Pujji, #16 Exhibit G to Declaration of Nick S. Pujji, #17 Proposed Order on Receiver's Application for Approval of Fees and Costs) (Pujji, Ramnik)
April 27, 2016 Filing 939 NOTICE of Change of Attorney Business or Contact Information: for attorney Ramnik Singh Pujji counsel for Receiver Mosier & Company, Inc.. Changing firm name and address to Dentons US LLP, 601 So. Figueroa St., Suite 2500, Los Angeles, CA 90017. Changing e-mail to nick.pujji@dentons.com. Filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
March 31, 2016 Opinion or Order Filing 938 ORDER GRANTING RECEIVER'S MOTION FOR ORDER APPROVING INTERIM DISTRIBUTION TO INVESTOR CLAIMANTS by Judge Philip S. Gutierrez granting #932 MOTION: The Court, having considered the Motion for Order Approving Interim Distribution to Investor Claimants (the "Motion") brought by Receiver Robert P. Mosier (the "Receiver"), the Court-appointed permanent receiver of Private Equity Management Group, LLC, Private Equity Management Group, Inc. and subsidiaries and affiliates thereof (collectively "PEMGroup"), and any opposition thereto or argument thereon, and good cause appearing therefor, IT IS HEREBY ORDERED as follows: 1. The Receiver's Motion is GRANTED. 2. The Receiver is hereby authorized to make an interim distribution to the Investor Claimants of the Receivership Estate, as defined and described in the executed Settlement and Release Agreement (the "Agreement") attached hereto as Exhibit 1. The Court approves this Agreement, and the specific dollar amounts to be distributed to each Investor Claimant, as referenced in the Agreement and exhibit thereto. In exchange for accepting its respective interim distribution amount, each Investor Claimant must agree to the terms of the Agreement. 3. It is further ordered that the funds to be distributed to each Investor Claimant are subject to a claw-back (i.e., that such funds must be repaid in part or in whole to the Receivership Estate) in the event the Court later determines that such Investor Claimant's distribution was excessive. (bm)
March 21, 2016 Filing 937 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Approving Interim Distribution to Investor Claimants #932 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
February 24, 2016 Filing 936 Notice of Appearance or Withdrawal of Counsel: for attorney Mark R McDonald counsel for Claimant Bank Sinopac. Larry Engel is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Claimant Bank Sinopac. (McDonald, Mark)
February 23, 2016 Filing 935 Mail Returned addressed to Howard Coblentz, Forward Time Exp, Rtn to Send, re Text Only Scheduling Notice, 933 (bm)
February 23, 2016 Filing 934 Mail Returned addressed to Howard Coblentz, Forward Time Exp, Rtn to Send re Text Only Scheduling Notice, 933 (bm)
February 10, 2016 Filing 933 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: On the Court's own motion, RECEIVER ROBERT P. MOSIERS MOTION FOR ORDER APPROVING INTERIM DISTRIBUTION #932 is continued to 04/11/2016 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
February 9, 2016 Filing 932 NOTICE OF MOTION AND MOTION for Order for Approving Interim Distribution to Investor Claimants filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 4/4/2016 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support of Receiver's Motion for Order Approving Interim Distribution to Investor Claimants, #2 Declaration Declaration of Robert Mosier, #3 Declaration Declaration of Nick Pujji, #4 Proposed Order Granting Receiver's Motion for Order Appoving Interim Distribution to Investor Claimants) (Pujji, Ramnik)
January 25, 2016 Filing 931 Notice of Appearance or Withdrawal of Counsel: for attorney Gary Y Leung counsel for Plaintiff Securities and Exchange Commission. Lorraine B. Echavarria is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
January 20, 2016 Opinion or Order Filing 930 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF AUGUST 2015, SEPTEMBER 2015, OCTOBER 2015, AND NOVEMBER 2015 FEES AND COSTS by Judge Philip S. Gutierrez granting #929 APPLICATION: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for August 2015, September 2015, October 2015, and November 2015, and any opposition thereto, and good cause appearing therefor, it is hereby ordered that: Mosier and Company, August 2015: 1. Fees and expenses for the Receiver for the period of August 2015 are approved and allowed in the sum of $11,151.92. 2. The Receiver is authorized to pay himself $11,151.92 in fees and expenses for this period. Deloitte Tax LLP: 3. Fees and expenses for Deloitte Tax LLP for the period of August 2015 are approved and allowed in the sum of $5,000.00. 4. The Receiver is authorized to pay Deloitte Tax LLP $5000.00 in fees and expenses for this period. September 2015: 5. Fees and expenses for the Receiver for the period of September 2015 are approved and allowed in the sum of $4,121.27. 6. The Receiver is authorized to pay himself $4,121.27 in fees and expenses for this period. October 2015: 7. Fees and expenses for the Receiver for the period of October 2015 are approved and allowed in the sum of $4,182.48. 8. The Receiver is authorized to pay himself $4,182.48 in fees and expenses for this period.November 2015: 9. Fees and expenses for the Receiver for the period of November 2015 are approved and allowed in the sum of $5,388.21. 10. The Receiver is authorized to pay himself $5,388.21 in fees and expenses for this period. DLA Piper LLP (US): August 2015: 11. Fees and expenses for DLA Piper LLP (US) for the period of August 2015 are approved and allowed in the sum of $21,469.40. 12. The Receiver is authorized to pay DLA Piper LLP (US) $21,469.40 in fees and expenses for this period. September 2015: 13. Fees and expenses for DLA Piper LLP (US) for the period of September 2015 are approved and allowed in the sum of $7,964.85. 14. The Receiver is authorized to pay DLA Piper LLP (US) $7,964.85 in fees and expenses for this period. October 2015: 15. Fees and expenses for DLA Piper LLP (US) for the period of October 2015 are approved and allowed in the sum of $7,151.44. 16. The Receiver is authorized to pay DLA Piper LLP (US) $7,151.44 in fees and expenses for this period. November 2015: 17. Fees and expenses for DLA Piper LLP (US) for the period of November 2015 are approved and allowed in the sum of $22,321.05. 18. The Receiver is authorized to pay DLA Piper LLP (US) $22,321.05 in fees and expenses for this period. (bm)
January 14, 2016 Filing 929 APPLICATION for Order for Approval of August 2015, September 2015, October 2015 and November 2015 Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Patrick Hunnius in Support of Application, #2 Declaration of Receiver Robert P. Mosier in Support of Application, #3 Exhibit A to the Declaration of Robert P. Mosier, #4 Exhibit B to the Declaration of Robert P. Mosier, #5 Exhibit C to the Declaration of Robert P. Mosier, #6 Exhibit D and E to the Declaration of Robert P. Mosier, #7 Proposed Order) (Pujji, Ramnik)
September 9, 2015 Opinion or Order Filing 928 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF MAY 2015, JUNE 2015, AND JULY 2015 FEES AND COSTS by Judge Philip S. Gutierrez granting #927 APPLICATION: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for May 2015, June 2015, and July 2015, and any opposition thereto, and good cause appearing therefor, it is hereby ordered that: Mosier & Co.: May 2015, The Receiver is authorized to pay himself $6,212.30 in fees and expenses for this period. A. Lavar Taylor, APC: The Receiver is authorized to pay A. Lavar Taylor, APC $529.79 in fees and expenses for this period. June 2015, The Receiver is authorized to pay himself $5,288.31 in fees and expenses for this period.A. Lavar Taylor, APC: The Receiver is authorized to pay A. Lavar Taylor, APC $55.50 in fees and expenses for this period. July 2015: The Receiver is authorized to pay himself $7,938.73 in fees and expenses for this period. Past Invoice, Alliance International Law Offices: The Receiver is authorized to pay Alliance International Law Offices $464.00 in fees and expenses for this period. DLA Piper LLP (US): May 2015, The Receiver is authorized to pay DLA Piper LLP (US) $4,654.80 in fees and expenses for this period. June 2015, The Receiver is authorized to pay DLA Piper LLP (US) $19,706.40 in fees and expenses for this period. July 2015: The Receiver is authorized to pay DLA Piper LLP (US) $9,203.45 in fees and expenses for this period. (bm)
September 4, 2015 Filing 927 APPLICATION for Order for Approval of May 2015, June 2015, and July 2015 Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Receiver Robert P. Mosier in Support of Application, #2 Declaration of Patrick Hunnius in Support of Application, #3 Proposed Order) (Pujji, Ramnik)
August 24, 2015 Filing 926 MINUTES OF Status Conference held before Judge Philip S. Gutierrez: Hearing held. Receiver Robert Mosier updates the Court on the status of the case.Court Reporter: Marea Woolrich. (wm)
August 24, 2015 Filing 925 NOTICE of Appearance filed by attorney Gary Y Leung on behalf of Plaintiff Securities and Exchange Commission (Attorney Gary Y Leung added to party Securities and Exchange Commission(pty:pla))(Leung, Gary)
August 7, 2015 Filing 924 SUPPLEMENT to Status Report #923 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
July 31, 2015 Filing 923 STATUS REPORT (Nineteenth) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibits A - D)(Pujji, Ramnik)
June 19, 2015 Filing 922 Notice of Appearance or Withdrawal of Counsel: for attorney David J Schindler counsel for Defendants Alex Pang, Danny Pang. David J. Schindler is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Danny Pang and Alex Pang. (Schindler, David)
June 19, 2015 Opinion or Order Filing 921 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEBRUARY 2015, MARCH 2015, AND APRIL 2015 FEES AND COSTS by Judge Philip S. Gutierrez granting #917 Application for Attorney Fees: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for February 2015, March 2015, and April 2015, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: February 2015: The Receiver is authorized to pay himself $10,485.00 in fees and expenses. Deloitte Tax, LLP: The Receiver is authorized to pay Deloitte Tax, LLP $5,500.00 in fees and expenses. March 2015: The Receiver is authorized to pay himself $8,851.27 in fees and expenses. April 2015: The Receiver is authorized to pay himself $4,923.90 in fees and expenses. DLA Piper LLP (US): February 2015: The Receiver is authorized to pay DLA Piper LLP (US) $17,240.40 in fees and expenses. March 2015: The Receiver is authorized to pay DLA Piper LLP (US) $5,492.14 in fees and expenses. April 2015: The Receiver is authorized to pay DLA Piper LLP (US) $2,727.85 in fees and expenses. (bm)
June 18, 2015 Filing 920 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Philip S. Gutierrez: On the Court's own motion, a Status Conference is set for August 24, 2015 at 2:30 p.m to discuss Receiver's APPLICATION for Attorney Fees and Costs for February 2015, March 2015, and April 2015 #917 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
June 16, 2015 Filing 919 DECLARATION of Patrick Hunnius in Support of APPLICATION for Attorney Fees and Costs for February 2015, March 2015, and April 2015 #917 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
June 16, 2015 Filing 918 DECLARATION of Robert Mosier in Support of APPLICATION for Attorney Fees and Costs for February 2015, March 2015, and April 2015 #917 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
June 16, 2015 Filing 917 APPLICATION for Attorney Fees and Costs for February 2015, March 2015, and April 2015 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Pujji, Ramnik)
March 5, 2015 Opinion or Order Filing 916 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF NOVEMBER 2014, DECEMBER 2014, AND JANUARY 2015 FEES AND COSTS by Judge Philip S. Gutierrez granting #915 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for November 2014, December 2014, and January 2015, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: November 2014: The Receiver is authorized to pay himself $9,445.28 in fees and expenses. Deloitte Tax, LLP: The Receiver is authorized to pay Deloitte Tax, LLP $9,458.00 in fees and expenses. December 2014: The Receiver is authorized to pay himself $8,872.45 in fees and expenses. January 2015: The Receiver is authorized to pay himself $10,665.29 in fees and expenses. A Lavar Taylor, APC: The Receiver is authorized to pay A Lavar Taylor, APC $918.19 in fees and expenses. DLA Piper LLP (US), November 2014: The Receiver is authorized to pay DLA Piper LLP (US) $47,516.85 in fees and expenses. December 2014: The Receiver is authorized to pay DLA Piper LLP (US) $9,562.76 in fees and expenses. January 2015: The Receiver is authorized to pay DLA Piper LLP (US) $9,788.05 in fees and expenses. (bm)
March 3, 2015 Filing 915 APPLICATION for Order for APPROVAL OF NOVEMBER 2014, DECEMBER 2014, AND JANUARY 2015 FEES AND COSTS filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier In Support, #2 Declaration Nicolas Morgan In Support, #3 Proposed Order)(Pujji, Ramnik)
December 17, 2014 Filing 914 NOTICE of Change of Attorney Business or Contact Information: for attorney Laura K Granier counsel for Intervenor Utilities Inc. of Central Nevada. Changing Firm Name and address to Davis Graham & Stubbs LLP, 1 East Liberty Street, Suite 600, Reno, NV 89501. Changing Fax number to 775-996-3291. Filed by Nonparty Utilities, Inc. of Central Nevada. (Granier, Laura)
December 11, 2014 Filing 913 Mail Returned addressed to Howard Coblentz re Order on Application for Order,,,,,, #900 (smo)
December 5, 2014 Filing 912 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: The deadline to file a response re consent to e-service #898 is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
December 4, 2014 Opinion or Order Filing 911 ORDER by Judge Philip S. Gutierrez on the Receiver's Application for Approval of October 2014 Fees and Costs #908 . (mg)
December 4, 2014 Opinion or Order Filing 910 ORDER by Judge Philip S. Gutierrez on the Receiver's #907 Application for Approval of September 2014 Fees and Costs. (mg)
December 4, 2014 Opinion or Order Filing 909 ORDER by Judge Philip S. Gutierrez On the Receiver's Application for Approval of August 2014 Fees and Costs #904 . (mg)
November 26, 2014 Filing 908 APPLICATION for Order for APPROVAL OF OCTOBER 2014 FEES AND COSTS filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Pujji, Ramnik)
November 26, 2014 Filing 907 APPLICATION for Order for APPROVAL OF SEPTEMBER 2014 FEES AND COSTS filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Pujji, Ramnik)
November 24, 2014 Filing 906 Mail Returned addressed to Howard Coblentz P.O. Box 22566 Sacramento, CA 95822 re Minutes of In Chambers Order/Directive - no proceeding held,, #898 (bp)
November 20, 2014 Filing 905 Mail Returned addressed to Howard Coblentz, Vacant, Return to Sender, re Minutes of In Chambers Order/Directive - no proceeding held #898 (bm)
November 20, 2014 Filing 904 APPLICATION for Order for Approval Of August 2014 Fees And Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
November 13, 2014 Filing 903 Notice of Appearance or Withdrawal of Counsel: for attorney David P Beitchman counsel for Claimant Erwin & Johnson, LLP. Olga Michelle Seanez is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Claimant Erwin & Johnson, LLP. (Beitchman, David)
November 12, 2014 Opinion or Order Filing 902 ORDER ON THE RECEIVER'S APPLICATION FRO APPROVAL OF JULY 2014 FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the Receiver) and his professionals for July 2014, and any opposition thereto, and good cause appearing therefor: Mosier & Co. 1. Fees and expenses for the Receiver for the period of July 2014 are allowed in the sum of $12,395.85. 2. The Receiver is authorized to pay himself $12,395.85 in fees and expenses. Alliance International Law Offices 3. Fees and expenses for Alliance International Law Offices for the period of July 2014 are allowed in the sum of $1,053.00.4. The Receiver is authorized to pay Alliance International Law Offices$1,053.00 in fees and expenses. DLA Piper LLP (US) 5. Fees and expenses for DLA Piper LLP (US) for the period of July 2014 are allowed in the sum of $39,948.75 and $2,377.41, respectively. 6. The Receiver is authorized to pay DLA Piper LLP (US) $42,326.16 in fees and expenses. IT IS SO ORDERED (ab)
November 10, 2014 Opinion or Order Filing 901 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF MAY AND JUNE FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the Receiver) and his professionals for May and June 2014, and any opposition thereto, and good cause appearing therefor: Mosier & Co. 1. Fees and expenses for the Receiver for the period of May and June 2014 are allowed in the sum of $33,920.85.2. The Receiver is authorized to pay himself $33,920.85 in fees and expenses.Law Offices of A. Lavar Taylor 3. Fees for the Law Offices of A. Lavar Taylor for the period of May and June 2014 are allowed in the sum of $2,248.79.4. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor$2,248.79 in fees. Alliance International Law Offices 5. Fees and expenses for Alliance International Law Offices for the period of May and June 2014 are allowed in the sum of $1,445.00. 6. The Receiver is authorized to pay Alliance International Law Offices $1,445.00 in fees and expenses.DLA Piper LLP (US)7. Fees and expenses for DLA Piper LLP (US) for the period of May and June 2014 are allowed in the sum of $150,840.45 and $2,785.05, respectively. 8. The Receiver is authorized to pay DLA Piper LLP (US) $153,625.50 in fees and expenses. IT IS SO ORDERED (ab)
November 7, 2014 Filing 899 APPLICATION for Order for Approval of July 2014 Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Pujji, Ramnik)
November 6, 2014 Opinion or Order Filing 900 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF APRIL 2014 FEES AND COSTS by Judge Philip S. Gutierrez granting #896 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for April 2014, and any opposition thereto, and good cause appearing therefor: Mosier & Co.: 1. Fees and expenses for the Receiver for the period of April 2014 are allowed in the sum of $30,027.43. 2. The Receiver is authorized to pay himself $30,027.43 in fees and expenses. Law Offices of A. Lavar Taylor: 3. Fees for the Law Offices of A. Lavar Taylor for the period of April 2014 are allowed in the sum of $1,683.50. 4. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $1,683.50 in fees. Alliance International Law Offices: 5. Fees and expenses for Alliance International Law Offices for theperiod of April 2014 and periods not previously submitted are allowed in the sum of $3,233.00 and $146.00, respectively. 6. The Receiver is authorized to pay Alliance International Law Offices $3,379.00 in fees and expenses. DLA Piper LLP (US): 7. Fees and expenses for DLA Piper LLP (US) for the period of April 2014 are allowed in the sum of $93,457.35 and $76.52, respectively. 8. The Receiver is authorized to pay DLA Piper LLP (US) $93,533.87 in fees and expenses. Affeld Grivakes Zucker LLP: 9. Fees for Affeld Grivakes Zucker LLP for the period of April 2014 are allowed in the sum of $2,807.50. 10. The Receiver is authorized to pay Affeld Grivakes Zucker LLP $2,807.50 in fees. (bm)
November 6, 2014 Opinion or Order Filing 898 MINUTE ORDER IN CHAMBERS re REQUEST RE ATTORNEY CONSENT TO E-SERVICE OF DOCUMENTS by Judge Philip S. Gutierrez: The Court has been advised that attorney Cameron L. Desmond has not consented to e-service of documents filed with the Court's CM/ECF filing system. Attorney Cameron L. Desmond is requested to file a response within 10 days hereof indicating whether he will consent to e-service of filed documents. Attached hereto are the instructions for communicating consent. If needed, assistance is available at the website provided in the instructions. (see document for further details) (bm)
November 6, 2014 Filing 897 APPLICATION for Order for Approval of May and June 2014 Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Pujji, Ramnik)
November 4, 2014 Filing 896 APPLICATION for Order for APPROVAL OF APRIL 2014 FEES AND COSTS filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
October 20, 2014 Opinion or Order Filing 895 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF MARCH 2014 FEES AND COSTS by Judge Philip S. Gutierrez. The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for March 2014, and any opposition thereto, and good appearing therefor: Mosier & Co. Fees and expenses for the Receiver for the period of March 2014 are allowed in the sum of $23,697.41. The Receiver is authorized to pay himself $23,697.41 in fees and expenses. Law Offices of A lavar Taylor Fees and expenses for the Law Offices of A. Lavar Taylor for the period of March 2014 are allowed in the sum of $193.40. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $193.40 in fees and expenses. DLA Piper LLP (US) Fees and costs for DLA Piper LLP (US) for the period of March 2014 are allowed in the sum of $74,247.17. The Receiver is authorized to pay DLA Piper LLP (US) $74,247.17 in fees and expenses. Affeld Grivakes Zucker LLP Fees and costs for Affeld Grivakes Zucker LLp for the period of March 2014 are allowed in the sum of $2,029.50. The Receiver is authorized to pay Affeld Grivakes Zucker LLP $2,029.50 in fees and expenses. (bp)
October 10, 2014 Filing 894 NOTICE OF LODGING filed re Order on Application for Order,,, #893 (Attachments: #1 Exhibit A - [CORRECTED PROPOSED] ORDER ON THE RECEIVERS APPLICATION FOR APPROVAL OF MARCH 2014 FEES AND COSTS)(Pujji, Ramnik)
October 2, 2014 Filing 892 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Henry Marmolejo counsel for Intervenor Utilities Inc. of Central Nevada. Kristen A. Rowse is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Interested Nonparty Utiltites, Inc. of Central Nevada. (Marmolejo, Matthew)
October 1, 2014 Opinion or Order Filing 893 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF MARCH 2014 FEES AND COSTS by Judge Philip S. Gutierrez granting #888 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for March 2014, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $23,697.41 in fees and expenses. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $193.40 in fees and expenses. DLA Piper LLP (US): Fees and costs for DLA Piper LLP (US) for the period of March are allowed in the sum of $74,247.17. Affeld Grivakes Zucker LLP: Fees and costs for Affeld Grivakes Zucker LLP for the period of March 2014 are allowed in the sum of $2,029.50. IT IS SO ORDERED. (bm)
October 1, 2014 Filing 891 NOTICE of Change of address by Lorraine B Echavarria attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071; Fax No. (213) 443-1904. Filed by Plaintiff Securities and Exchange Commission. (Echavarria, Lorraine)
October 1, 2014 Filing 890 NOTICE of Change of address by John W Berry attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071; Fax No. (213) 443-1904. Filed by Plaintiff Securities and Exchange Commission. (Berry, John)
October 1, 2014 Filing 889 NOTICE of Change of address by David J Van Havermaat attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071; Fax No. (213) 443-1904. Filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
September 29, 2014 Filing 888 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
August 20, 2014 Opinion or Order Filing 887 ORDER ON THE RECEIVERS APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for January 2014, and any opposition thereto, and good cause appearing therefor: Mosier & Co. 1. Fees and expenses for the Receiver for the period of February 2014 are allowed in the sum of $35,082.23... Fees and expenses for the Law Offices of A. Lavar Taylor for the period of February 2014 are allowed in the sum of $2,167.50... Fees and costs for DLA Piper LLP (US) for the period of February 2014 are allowed in the sum of $57,670.96. granting #886 Application for Order (lw)
August 19, 2014 Filing 886 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert P. Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
August 18, 2014 Filing 885 STATUS REPORT (Eighteenth) filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
July 18, 2014 Opinion or Order Filing 884 ORDER GRANTING RECEIVER' S MOTION FOR ORDER APPROVING A FURTHER INTERIM DISTRIBUTION TO INVESTOR CLAIMANTS #883 by Judge Philip S. Gutierrez. See Order for further details. (wm)
June 23, 2014 Filing 883 NOTICE OF MOTION AND MOTION for Order for APPROVING AN INTERIM DISTRIBUTION TO INVESTOR CLAIMANTS filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 7/28/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Robert P. Mosier, #3 Declaration of Nick S. Pujji, #4 Proposed Order with Exhibits)(Pujji, Ramnik)
June 19, 2014 Opinion or Order Filing 882 ORDER by Judge Philip S. Gutierrez: Granting RECEIVERS APPLICATION FOR APPROVAL OF FEES AND COSTS #881 (wm)
June 17, 2014 Filing 881 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert P. Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
May 30, 2014 Opinion or Order Filing 880 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #878 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for December 2013, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $25,713.65 in fees and expenses. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $3,716.67. Broad and Bright: The Receiver is authorized to pay Broad and Bright $6,886.00. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $75,595.75. (bm)
May 29, 2014 Filing 879 Notice of Electronic Filing re APPLICATION for Order for Approval of Fees and Costs #878 e-mailed to Jeffrey D. Glasser bounced due to invalid/rejected email. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY
May 28, 2014 Filing 878 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert P. Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
April 29, 2014 Filing 877 Notice of Electronic Filing re Notice (Other) #876 e-mailed to attorney Stephanie V F Smith at stephanie.smith@dlapiper.com bounced due to invalid email. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
April 29, 2014 Filing 876 NOTICE OF DISASSOCIATION OF GREGG D. ZUCKER AND AFFELD GRIVAKES ZUCKER LLP AS COUNSEL OF RECORD FOR RECEIVER ROBERT P. MOSIER filed by Receiver Mosier & Company, Inc.. (Affeld, David)
April 14, 2014 Opinion or Order Filing 875 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: Mosier & Co. Fees and expenses for the Receiver for the period of November 2013 are allowed in the sum of $23,498.41. The Receiver is authorized to pay himself $23,498.41 in fees and expenses. Law Offices of A. Lavar Taylor Fees and expenses for the Law Offices of A. Lavar Taylor for the period of November 2013 are allowed in the sum of $370.00. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $370.00 DLA Piper LLP(US) Fees and costs for DLA Piper LLP(US) for the period of November 2013 are allowed in the sum of $100,644.22. The Receiver is authorized to pay DLA Piper LLP (USA) $100,644.22,granting #874 Application for Order (bp)
April 10, 2014 Filing 874 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
April 1, 2014 Filing 873 NOTICE of Appearance filed by attorney Gregg D Zucker on behalf of Receiver Mosier & Company, Inc. (Attorney Gregg D Zucker added to party Mosier & Company, Inc.(pty:rc))(Zucker, Gregg)
March 10, 2014 Opinion or Order Filing 872 ORDER ON THE RECEIVERS APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #869 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for October 2013, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: 1. Fees and expenses for the Receiver for the period of October 2013 are allowed in the sum of $36,568.02. 2. The Receiver is authorized to pay himself $36,568.02 in fees and expenses. DLA Piper LLP (US): 3. Fees and costs for DLA Piper LLP (US) for the period of October 2013 are allowed in the sum of $78,266.17. 4. The Receiver is authorized to pay DLA Piper LLP (US) $78,266.17. (bm)
March 10, 2014 Opinion or Order Filing 871 ORDER GRANTING RECEIVER'S MOTION FOR ORDER CONFIRMING CONSTRUCTIVE TRUST FOR 401(K) PROCEEDS by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED as follows:1. The Receiver's Motion is GRANTED. 2. The Court hereby confirms that the funds held in Danny Pang's ("Pang") 401(k) plan account for PEMGroup (Private Equity Management Group Retirement Plan, Contract Number 35205) were held in constructive trust for the benefit of PEMGroup's investors, or their assignees. The Court finds that the funds in Pangs 401(k) plan account for PEMGroup are traceable to funds provided by PEMGroup's investors. 3. The Court further authorizes the Receiver to take possession andcontrol of the funds held in Pang's 401(k) plan account for PEMGroup, and such funds will be held by the Receivership Estate in accordance with the orders appointing the Receiver. 4. The Plan Administrator for Pang's 401(k) plan account is hereby ordered to transfer all proceeds contained in Pangs 401(k) plan account to the Receiver, and to take all necessary action to comply with the terms of this Order. re: granting #865 Motion for Order, (3/17 Hrg Off) (lw)
March 10, 2014 Opinion or Order Filing 870 ORDER GRANTING RECEIVER'S MOTION FOR ORDER APPROVING AN INTERIM DISTRIBUTION TO STANDARD CHARTERED BANK (TAIWAN) LTD. by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED as follows:1. The Receiver's Motion is GRANTED. 2. The Receiver is hereby authorized to make an interim distribution of $11.7 million to Investor Claimant Standard Chartered Bank (Taiwan) Ltd. The funds to be distributed are subject to a claw-back (i.e., that such funds must be repaid in part or in whole to the Receivership Estate) in the event the Court later determines that such distribution was excessive. RE:granting #867 Motion for Order, (03/17 Hrg Off) (lw)
March 10, 2014 Filing 869 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
February 14, 2014 Filing 868 STATUS REPORT (Seventeenth) filed by Receiver Mosier & Company, Inc.. (Morgan, Nicolas)
February 10, 2014 Filing 867 NOTICE OF MOTION AND MOTION for Order for APPROVING AN INTERIM DISTRIBUTION TO STANDARD CHARTERED BANK (TAIWAN) LTD. filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 3/17/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Nick Pujji In Support, #3 Declaration of Robert P. Mosier In Support, #4 Proposed Order)(Pujji, Ramnik)
February 7, 2014 Filing 866 Notice of Appearance or Withdrawal of Counsel: for attorney John W Berry counsel for Plaintiff Securities and Exchange Commission. Paris Ahkeem Wynn is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Attorney John W Berry added to party Securities and Exchange Commission(pty:pla))(Berry, John)
February 3, 2014 Filing 865 NOTICE OF MOTION AND MOTION for Order for Confirming Constructive Trust for 401(K) Proceeds filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 3/17/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support of Receiver's Motion for Order Confirming Constructive Trust for 401(K) Proceeds, #2 Declaration of Craig M. Collins in Support of Receiver's Motion for Order Confirming Constructive Trust for 401(K) Proceeds, #3 Declaration of Patrick Hunnius in Support of Motion for Order Confirming Constructive Trust for 401(K) Proceeds, #4 Proposed Order Granting Receiver's Motion for Order Confirming Constructive Trust for 401(K) Proceeds)(Pujji, Ramnik)
January 30, 2014 Opinion or Order Filing 864 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #863 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for September 2013, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $34,881.47 in fees and expenses. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $680.00. Deloitte Tax LLP: The Receiver is authorized to pay Deloitte Tax LLP $16,388.00. Broad and Bright: The Receiver is authorized to pay Broad and Bright $127.00. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $32,612.41. (bm)
January 29, 2014 Filing 863 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
January 17, 2014 Opinion or Order Filing 862 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Reciever") and his professionals for August 2013, and any opposition thereto, and good cause appearing therefore: Mosier & Co. Fees and expenses for the Receiver for the period of August 2013 are allowed in the sum of $38,159.03. The Receiver is authorized to pay himself $38,159.03 in fees and expenses. Law Offices of A. Lavar Taylor Fees and expenses for the Law Offices of A. Lavar Taylor for the period of August 2013 are allowed in the sum of $467.60. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $467.50. DLA Piper LLP(US) Fees and costs for DLA Piper LLP (US) for the period of August 2013 are allowed in the sum of $45,446.60 The Receiver is authorized to pay DLA Piper LLP (US) $45,446.60.,granting #860 Application for Order (bp)
January 15, 2014 Filing 861 Notice of Appearance or Withdrawal of Counsel: for attorney Kristen A Rowse counsel for Intervenor Utilities Inc. of Central Nevada. Courtney Miller O'Mara is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Interested Non-Party Utilities Inc. of Central Nevada. (Rowse, Kristen)
January 15, 2014 Filing 860 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
January 9, 2014 Opinion or Order Filing 859 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #857 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for July 2013 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $54,096.89 in fees and expenses.Law Offices A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $297.50. Grant Thornton LLP: The Receiver is authorized to pay Grant Thornton LLP $57,573.85. Affeld Grivakes Zucker LLP: The Receiver is authorized to pay Affeld Grivakes Zucker LLP $198.00. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $81,513.95. (bm)
January 7, 2014 Filing 857 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
January 2, 2014 Filing 858 Mail Returned addressed to William Godwin Berry, Reason not indicated, re Order on Application #854 (bm)
December 27, 2013 Opinion or Order Filing 856 ORDER GRANTING RECEIVER'S MOTION FOR ORDER APPROVING AN INTERIM DISTRIBUTION TO INVESTOR CLAIMANTS by Judge Philip S. Gutierrez granting #851 Motion: IT IS HEREBY ORDERED as follows: 1. The Receiver's Motion is GRANTED. 2. The Receiver is hereby authorized to make an interim distribution to Investor Claimants of the Receivership Estate, as defined and described in the executed Settlement and Release Agreement (the "Agreement") attached hereto as Exhibit A. The Court approves this Agreement, and the specific dollar amounts to be distributed to each Investor Claimant, as referenced in the Agreement. In exchange for accepting its respective interim distribution amount, each Investor Claimant must agree to the terms of the Agreement. 3. It is further ordered that the funds to be distributed to each Investor Claimant are subject to a claw-back (i.e., that such funds must be repaid in part or in whole to the Receivership Estate) in the event the Court later determines that such Investor Claimant's distribution was excessive. (bm)
December 17, 2013 Filing 855 REPLY In Support Of MOTION for Order for APPROVING AN INTERIM DISTRIBUTION TO INVESTOR CLAIMANTS #851 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
November 21, 2013 Opinion or Order Filing 854 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #853 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for June 2013 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $37,912.51 in fees and expenses. Affeld Grivakes Zucker LLP: The Receiver is authorized to pay Affeld Grivakes Zucker LLP $21,186.00. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $49,743.03. (bm)
November 20, 2013 Filing 853 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
November 8, 2013 Opinion or Order Filing 852 ORDER ON THE RECEIVERS APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #850 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for May 2013 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $41,207.59 in fees and expenses. Law Offices A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $680.00. Grant Thornton LLP: The Receiver is authorized to pay Grant Thornton LLP $31,052.25. The Law Offices of Paul B. Burns: The Receiver is authorized to pay The Law Offices of Paul B. Burns $270.00. Affeld Grivakes Zucker LLP: The Receiver is authorized to pay Affeld Grivakes Zucker LLP $15,303.82. Broad and Bright: The Receiver is authorized to pay Broad and Bright $29,611.00. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $76,007.45. (bm)
November 7, 2013 Filing 851 NOTICE OF MOTION AND MOTION for Order for APPROVING AN INTERIM DISTRIBUTION TO INVESTOR CLAIMANTS filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 1/6/2014 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Robert P. Mosier In Support, #3 Declaration of Nick S. Pujji In Support, #4 Proposed Order)(Pujji, Ramnik)
October 31, 2013 Filing 850 APPLICATION for Order for APPROVAL OF FEES AND COSTS filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert P. Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
September 23, 2013 Opinion or Order Filing 849 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #848 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for April 2013 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: 1. Fees and expenses for the Receiver for the period of April 2013 are allowed in the sum of $36,870.73. 2. The Receiver is authorized to pay himself $36,870.73 in fees and expenses. Law Offices A. Lavar Taylor: 3. Fees and expenses for the Law Offices of A. Lavar Taylor for the period of April 2013 are allowed in the sum of $170.00. 4. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $170.00. Grant Thornton LLP: 5. Fees and expenses for Grant Thornton LLP for the period of April 2013 are allowed in the sum of $5,049.00. 6. The Receiver is authorized to pay Grant Thornton LLP $5,049.00. Deloitte Tax LLP: 7. Fees and expenses for Deloitte Tax LLP for the period of April 2013 and periods not previously submitted are allowed in the sum of $49,573.00. 8. The Receiver is authorized to pay Deloitte Tax LLP $49,573.00. Affeld Grivakes Zucker LLP: 9. Fees and expenses for Affeld Grivakes Zucker LLP for the period of April 2013 are allowed in the sum of $3,936.00. 10. The Receiver is authorized to pay Affeld Grivakes Zucker LLP $3,936.00. DLA Piper LLP (US): 11. Fees and costs for DLA Piper LLP (US) for the period of April 2013 are allowed in the sum of $149,782.50 and $2,126.60, respectively. 12. The Receiver is authorized to pay DLA Piper LLP (US) $151,909.10. Berkeley Research Group, LLC: 13. Fees and expenses for Berkeley Research Group, LLC for the period of April 2013 are allowed in the sum of $11,993.62. 14. The Receiver is authorized to pay Berkeley Research Group, LLC $11,993.62. (bm)
September 18, 2013 Filing 848 APPLICATION for Order for Appproval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
August 5, 2013 Opinion or Order Filing 847 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for March 2013 and previously unpaid periods, and any opposition thereto. Mosier & Co. Fees and expenses for the Receiver for the period of March 2013 are allowed in the sum of $34,926.82. #846 (See document for further details) (bp)
August 2, 2013 Filing 846 APPLICATION for Attorney Fees for March 2013 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Morgan, Nicolas)
August 2, 2013 Filing 845 STATUS REPORT (Sixteenth) filed by Receiver Mosier & Company, Inc.. (Morgan, Nicolas)
June 28, 2013 Opinion or Order Filing 844 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: granting #843 Application for Attorney Fees, The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the Receiver) and his professionals for February 2013 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier & Co.1. Fees and expenses for the Receiver for the period of February 2013 are allowed in the sum of $37,749.31. 2. The Receiver is authorized to pay himself $37,749.31 in fees and expenses. Law Offices of A. Lavar Taylor 3. Fees and expenses for the Law Offices of A. Lavar Taylor for the period of February 2013 are allowed in the sum of $1,105.00. 4. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $1,105.00. Grant Thornton LLP 5. Fees and expenses for Grant Thornton LLP for the period of February 2013 and periods not previously submitted are allowed in the sum of $21,698.75. 6. The Receiver is authorized to pay Grant Thornton LLP $21,698.75. Steptoe & Johnson LLP 7. Fees and expenses for Steptoe & Johnson LLP for periods not previously submitted are allowed in the sum of $18,091.69. 8. The Receiver is authorized to pay Steptoe & Johnson LLP $18,091.69. DLA Piper LLP (US) 9. Fees and costs for DLA Piper LLP (US) for the period of February 2013 are allowed in the sum of $197,443.80 and $730.24, respectively. 10. The Receiver is authorized to pay DLA Piper LLP (US) $198,174.04. Berkeley Research Group, LLC 11. Fees and expenses for the period of February 2013 are allowed in the sum of $86,576.55. 12. The Receiver is authorized to pay the Berkeley Research Group, LLC$86,576.55. IT IS SO ORDERED. (lw)
June 25, 2013 Filing 843 APPLICATION for Attorney Fees for February 2013 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Morgan, Nicolas)
June 3, 2013 Opinion or Order Filing 842 ORDER granting Motion to Employ Affeld Grivakes Zucker LLP, as Special Litigation Counsel by Judge Philip S. Gutierrez: It is ORDERED that the Receiver is authorized to employ the law firm of Affeld Grivakes Zucker LLP, on a contingent basis as requested in the Motion torepresent the Receiver as special litigation counsel in pursuit and litigation of a claim pertaining to real property. re: #837 (6/10 hearing off calendar) (lw)
May 23, 2013 Filing 841 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: The Attorney Admissions' Office represents to the Court that attorney Courtney O'Mara submitted her application on 05/22/13 and is now deemed admitted. Accordingly, the Court hereby vacates the 06/10/13 Order to Show Cause Hearing #839 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
May 17, 2013 Opinion or Order Filing 840 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: granting #838 Application for Attorney Fees in the amount of: Mosier & Co. 1. Fees and expenses for the Receiver for the period of January 2013 are allowed in the sum of$44,654.50. 2. The Receiver is authorized to pay himself $44,654.50 in fees and expenses. Law Offices of A. Lavar Taylor 3. Fees and expenses for the Law Offices of A. Lavar Taylor for the period of January 2013 are allowed in the sum of $2,299.80. 4. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $2,299.80. The Law Offices of Paul B. Burns 5. Fees and expenses for The Law Offices of Paul B. Bums for the period of January 2013 are allowed in the sum of$675.00. 6. The Receiver is authorized to pay The Law Offices of Paul B. Bums $675.00. Grant Thornton LLP 7. Fees and expenses for Grant Thornton LLP for the period of January 2013 and periods not previously submitted are allowed in the sum of$8,130.60. 8. The Receiver is authorized to pay Grant Thornton LLP $8,130.60. DLA Piper LLP (US) 9. Fees and costs for DLA Piper LLP (US) for the period of January 2013 are allowed in the sum of$158,486.85 and $1,452.14, respectively. 10. The Receiver is authorized to pay DLA Piper LLP (US) $159,938.99. (lw)
May 17, 2013 Opinion or Order Filing 839 MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE HEARING by Judge Philip S. Gutierrez. Having been advised by the Attorney Admissions' Office regarding attorney Courtney O'Mara's failure to provide proof of admission, or apply for admission, the Court hereby schedules an Order to Show Cause hearing for Monday, June 10, 2013 at 3pm. (lw)
May 14, 2013 Filing 838 APPLICATION for Attorney Fees for January 2013 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Morgan, Nicolas)
April 23, 2013 Filing 837 NOTICE OF MOTION AND MOTION for Order for to Employ Affeld Grivakes Zucker LLP, as Special Litigation Counsel filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 6/10/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Robert Mosier in Support, #2 Declaration of Gregg Zucker in Support, #3 Declaration of Nick Pujji in Support, #4 Proposed Order)(Morgan, Nicolas)
April 19, 2013 Opinion or Order Filing 836 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: granting #835 Receiver Robert P. Mosier Application for Attorney Fees and Costs: Mosier & Co. Fees and expenses for the Receiver for the period of December 2012 are allowed in the sum of $58,487.09 ; Fees and expenses for Kirk S. Rense for the period of December 2012 are allowed in the sum of $821.50; Fees and expenses for the Law Offices of A. Lavar Taylor for the period of December 2012 are allowed in the sum of $382.50. in the amount of 147281.78; Fees and expenses for Broad & Bright for the period through December 2012 not previously submitted are allowed in the sum of $1,298.00; Fees and costs for DLA Piper LLP (US) for the period of December 2012 are allowed in the sum of $86,028.30 and $264.39, respectively.(PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
April 17, 2013 Filing 835 APPLICATION for Attorney Fees for December 2012 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Morgan, Nicolas)
February 22, 2013 Opinion or Order Filing 834 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #833 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for November 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor:Mosier and Co.: The Receiver is authorized to pay himself $69,828.62 in fees and expenses. Kirk S. Rense: The Receiver is authorized to pay $3,736.50. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay $1,870.00. The Law Offices of Paul B. Burns: The Receiver is authorize to pay $5,405.00. DLA Piper LLP (US): The Receiver is authorized to pay $117,383.23. (bm)
February 20, 2013 Filing 833 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
February 12, 2013 Opinion or Order Filing 832 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #758 filed by Howard Coblentz, CCA # 12-56242. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file the opening brief on appeal in this case. This order served on the district court shall constitute the mandate of this court. Order received in this district on 2/12/13. (car)
February 11, 2013 Opinion or Order Filing 831 ORDER GRANTING MOTION TO EMPLOY RUS, Miliband and Smith, A Professional Corporation, As Special Litigation Counsel by Judge Philip S. Gutierrez granting #821 Motion: Having considered the Motion By Receiver Robert P. Mosier ("Receiver") To Employ Rus, Miliband and Smith, A Professional Corporation, As Special Litigation Counsel ("Motion") and finding good cause therefore: It is ORDERED that the Receiver is authorized to employ the law firm of Rus, Miliband and Smith, A Professional Corporation, on a contingent basis as requested in the Motion to represent the Receiver as special litigation counsel in the civil action currently pending in the United States District Court, Central District of California entitled Robert P. Mosier, etc. v. Stonefield Josephson, Inc., CPAs, etc., et al., Case No. 2:11-cv-02666-PSG-Ex (the "Stonefield Action"). It is FURTHER ORDERED that the Receiver is authorized to pay litigation costs in the Stonefield Action as they are incurred up to the sum of $100,000 without further application or order of Court. (bm)
January 14, 2013 Filing 830 NOTICE of Change of Attorney Information for attorney Michael Adam Wallin counsel for Claimant Taichung Commercial Bank. Michael A. Wallin will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Michael A. Wallin is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Creditor Taichung Commercial Bank (Wallin, Michael)
January 14, 2013 Filing 829 NOTICE of Change of Attorney Information for attorney Michael Adam Wallin counsel for Claimant Taichung Commercial Bank. Adding Matthew B. Holbrook as attorney as counsel of record for Taichung Commercial Bank for the reason indicated in the G-06 Notice. Filed by Creditor Taichung Commercial Bank (Wallin, Michael)
January 11, 2013 Opinion or Order Filing 828 ORDER APPROVING GLOBAL SETTLEMENT AGREEMENT AND BARRING CLAIMS AGAINST PANG FAMILY by Judge Philip S. Gutierrez, re Stipulation #825 . (bm)
January 11, 2013 Filing 827 STATUS REPORT (Fifteenth) and Declaration of Receiver Robert P. Mosier filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A - E)(Morgan, Nicolas)
January 10, 2013 Opinion or Order Filing 826 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS #822 by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for October 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor:Mosier & Co.1. Fees and expenses for the Receiver for the period of October 2012 are allowed in the sum of $60,276.67. 2. The Receiver is authorized to pay himself $60,276.67 in fees and expenses. Kirk S. Rense 3. Fees and expenses for Kirk S. Rense for the period of October 2012 are allowed in the sum of $4,400.95. 4. The Receiver is authorized to pay Kirk S. Rense $4,400.95. Law Offices of A. Lavar Taylor 5. Fees and expenses for the Law Offices of A. Lavar Taylor for the period of October 2012 and periods not previously submitted are allowed in the sum of $2,210.00. 6. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $2,210.00. DLA Piper LLP (US) 7. Fees and costs for DLA Piper LLP (US) for the period of October 2012 are allowed in the sum of $186,957.45 and $6,095.53, respectively. 8. The Receiver is authorized to pay DLA Piper LLP (US) $193,052.98 Grant Thornton LLP 9. Fees and costs for Grant Thornton LLP for the period of October 2012 are allowed in the sum of $48,140.50. 10. The Receiver is authorized to pay Grant Thornton LLP $48,140.50. (lw)
January 9, 2013 Filing 825 STIPULATION for Order Approving Global Settlement Agreement And Barring Claims Against Pang Family filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Morgan, Nicolas)
December 27, 2012 Opinion or Order Filing 824 ORDER RESOLVING CLAIMS FILED BY NON-INVESTOR CLAIMANT THOMAS A. SEAMAN AS RECEIVER by Judge Philip S. Gutierrez, re Stipulation #823 : IT IS HEREBY ORDERED as follows: Pursuant to the Stipulation, all three disputed claims filed by Receiver Seaman against PEMGroup are hereby resolved, in accordance with an agreement between Receiver Mosier and Receiver Seaman. Receiver Mosier and Receiver Seaman each have been deemed to have released the other, and the PEMGroup and Medcap entities over which they respectively serve as a permanent receiver, from any and all claims, debts, liabilities, demands, obligations, guarantees, costs, expenses, attorneys' fees, damages, actions or causes of action contingent or accrued for, or which arise from or are in any way connected to PEMGroup and/or the Receivership Estate. This further includes a release of any and all rights or benefits Receiver Mosier and Receiver Seaman may have under the provisions of Section 1542 of the California Civil Code, or under any other federal or state statutory rights or rules, or principles of common law or equity, or those of any jurisdiction, government, or political subdivision, similar to Section 1542. Section 1542 of the California Civil Code provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Additionally, Receiver Mosier and Receiver Seaman have each been deemed to have waived any and all rights to appeal the Court's Order regarding Receiver Seaman's claims (Dkt. # 791) that they may have. Receiver Mosier is hereby authorized to immediately make payment from Receivership Estate funds to Receiver Seaman of the agreed claim amount as set forth in the Stipulation. (bm)
December 21, 2012 Filing 823 STIPULATION for Order Resolving Claims Filed By Non-Investor Claimant Thomas A. Seaman As Receiver filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Pujji, Ramnik)
December 21, 2012 Filing 822 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
December 17, 2012 Filing 821 NOTICE OF MOTION AND MOTION for Order for Approving the Receivers Employment of Rus, Miliband & Smith, A Professional Corporation, As Special Litigation Counsel filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 2/25/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Ron Rus In Support, #3 Declaration of Nick Pujji In Support, #4 Proposed Order)(Morgan, Nicolas)
December 12, 2012 Opinion or Order Filing 820 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #813 Application for Attorney Fees: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for September 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier & Co.: The Receiver is authorized to pay himself $39,165.68 in fees and expenses. Kirk S. Rense: Fees and expenses for Kirk S. Rense for the period of September 2012 are allowed in the sum of $7,261.00. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $2,422.50. Broad and Bright: The Receiver is authorized to pay Broad and Bright $61,167.00. The Law Offices of Paul B. Burns: The Receiver is authorized to pay The Law Offices of Paul B. Burns $21,592.45. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $196,721.95. Grant Thornton LLP: The Receiver is authorized to pay Grant Thornton LLP $10,215.00. (bm)
December 7, 2012 Filing 819 Notice of Withdrawal of Objection/Opposition (Motion related), Objection/Opposition (Motion related) #817 filed by Receiver Mosier & Company, Inc.. (Zaccaro, Thomas)
December 7, 2012 Filing 818 Notice of Withdrawal of Ex Parte Applicaton for Leave,, #816 filed by Receiver Mosier & Company, Inc.. (Zaccaro, Thomas)
December 5, 2012 Filing 817 OBJECTION opposition re: MOTION for Order for Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier #797 And [Docket 812] filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order re Receiver Robert P. Mosier's Objections to New Evidence and Argument Submitted in Reply in Support of Motion by Non-Party Utilities, Inc. of Central Nevada, #2 Declaration of Service)(Zaccaro, Thomas) DOCUMENT IS WITHDRAWAN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED ON 12/7/12, DOCUMENT #819 . Modified on 12/12/2012 (bm).
December 5, 2012 Filing 816 EX PARTE APPLICATION for Leave to to File Surreply in Further Opposition to Motion by Non-Party Utilities, Inc. of Central Nevada for Order Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier ; Memorandum of Points and Authorities filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit 1 (Receiver Robert P. Mosier's Surreply Memorandum of Points and Authorities), #2 Declaration of Thomas A. Zaccaro in Support of Ex Parte Application, #3 Proposed Order Re Ex Parte Application for Leave to File Surreply, #4 Declaration of Service)(Zaccaro, Thomas)
December 5, 2012 Opinion or Order Filing 815 MINUTES (IN CHAMBERS) ORDER DENYING MOTION #797 TO SUE THE RECEIVER by Judge Philip S. Gutierrez. The Court finds the matter appropriate for decision without oral argument. The motion is denied for failure to comply with Local Rule 7-3. (vdr)
November 30, 2012 Filing 814 OPPOSITION to MOTION for Order for Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier #797 Joinder in Receiver's Opposition filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
November 30, 2012 Filing 813 APPLICATION for Attorney Fees for September 2012 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Morgan, Nicolas)
November 26, 2012 Filing 812 RESPONSE IN SUPPORT of MOTION for Order for Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier #797 filed by Intervenor Utilities Inc. of Central Nevada. (Attachments: #1 Declaration of Laura Granier in Support, #2 Declaration of Courtney Miller O'Mara)(Marmolejo, Matthew)
November 19, 2012 Filing 811 MEMORANDUM in Opposition to MOTION for Order for Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier #797 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Zaccaro, Thomas)
November 19, 2012 Opinion or Order Filing 810 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #771 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for April 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $66,369.64 in fees and expenses. Kirk S. Rense: The Receiver is authorized to pay Kirk S. Rense $3,365.50. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $4,650.34. Steptoe and Johnson: The Receiver is authorized to pay Steptoe and Johnson LLP $217.50. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $301,608.59. Vere P. Brathwaite Attorney-at-Law: The Receiver is authorized to pay Vere P. Brathwaite Attorney-at-Law $2,937.50. (bm)
November 16, 2012 Opinion or Order Filing 809 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #805 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for August 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $61,780.03 in fees and expenses. Kirk S. Rense: The Receiver is authorized to pay Kirk S. Rense $54.59. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $1,232.50. The Law Offices of Paul B. Burns: The Receiver is authorized to pay The Law Offices of Paul B. Burns $900.00. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $259,224.50. Grant Thornton LLP: The Receiver is authorized to pay Grant Thornton LLP $41,607.50. (bm)
November 16, 2012 Opinion or Order Filing 808 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #804 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for July 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier and Co.: The Receiver is authorized to pay himself $55,145.75 in fees and expenses. Kirk S. Rense: The Receiver is authorized to pay Kirk S. Rense $8,681.90. Law Offices of A. Lavar Taylor: The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $3,832.10. Grant Thornton LLP: The Receiver is authorized to pay Grant Thornton LLP $1,381.25. DLA Piper LLP (US): The Receiver is authorized to pay DLA Piper LLP (US) $237,146.45. (bm)
November 16, 2012 Filing 807 Notice of Electronic Filing re Order on Application for Attorney Fees,,,,, #803 bounced due to attorney Paris Ahkeem Wynn does not work for the SEC any more. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vho) TEXT ONLY ENTRY
November 16, 2012 Filing 806 Notice of Electronic Filing re USCA Order,, #802 bounced due to attorney David Yaroslavsky no longer works at the firm.. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(vho) TEXT ONLY ENTRY
November 13, 2012 Filing 805 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
November 13, 2012 Filing 804 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier In Support, #2 Declaration of Nicolas Morgan In Support, #3 Proposed Order)(Morgan, Nicolas)
November 8, 2012 Opinion or Order Filing 803 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: Mosier5 & Co. Fees and expenses for the Receiver for the period of June 2012 are allowed in the sum of $60,548.42. The Receiver is authorized to pay himself $60,548.42 in fees and expenses. Kirk S. Rense Fees and expenses for Kirk S. Rense for the period of June 2012 are allowed in the sum of $5,883.00. Law Offices of A. Lavar Taylor Fees and expenses for the Law Offices of A. Lavar Taylor for the period of June 2012 are allowed in the sum of $14,651.50. The Receiver is authorized to pay the Law Offices of A. Lavar Traylor $14,651.50. Alliance International Law Offices Fees and expenses for Alliance International Law Offices for the period of June 2012 are allowed in the sum of $412.00. Crowe Horwath LLP Fees and expenses for Crowe Horwath LLP for previously unsubmitted periods are allowed in the sum of $6,301.25. The Receiver is authorized to pay Crowe Horwath LLP $6,301.25. DLA Piper LLP (US) for the period of June 2012 are allowed in the sum of $208,039.05 and $2,591.54, respectively. The Receiver is authorized to pay DLA Piper LLP (US) $210,630.59.granting #796 Application for Attorney Fees (bp)
November 8, 2012 Opinion or Order Filing 802 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #758 filed by Howard Coblentz CCA # 12-56242. The July 23, 2012 order to show cause is discharged. The Clerk shall amend the docket to reflect that appellant Howard Coblentz is the sole appellant in this appeal. Carlos Ibarra and Geovanni Amores did not sign the notice of appeal and shall be listed on the docket as claimants only. The motion to proceed in forma pauperis is granted. The Clerkshall amend the docket to reflect this status. The briefing schedule established on July 6, 2012 is reinstated and shall continue to govern this appeal. Order received in this district on 11/8/2012. (dmap)
October 25, 2012 Opinion or Order Filing 801 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #795 Application: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for May 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefor: Mosier & Co.: Fees and expenses for the Receiver for the period of May 2012 are allowed in the sum of $59,164.44. Kirk S. Rense: Fees and expenses for Kirk S. Rense for the period of May 2012 are allowed in the sum of $57.11. Law Offices of A. Lavar Taylor: Fees and expenses for the Law Offices of A. Lavar Taylor for the period of May 2012 are allowed in the sum of $807.50. Steptoe and Johnson LLP: Fees and expenses for Steptoe & Johnson LLP for the period of May 2012 are allowed in the sum of $3,315.00. Alliance International Law Offices: Fees and expenses for Alliance International Law Offices for the period of May 2012 and any previously unsubmitted periods are allowed in the sum of $530.00. Crowe Horwath LLP: Fees and expenses for Crowe Horwath LLP for previously unsubmitted periods are allowed in the sum of $97,644.00. DLA Piper LLP (US): Fees and costs for DLA Piper LLP (US) for the period of May 2012 are allowed in the sum of $229,428.45 and $7,324.92, respectively. ABM Corporate Services, Ltd: Fees and expenses for ABM Corporate Services, Ltd for the period of May 2012 are allowed in the sum of $1,360.00. Estudio Bunge: Fees and expenses for Estudio Bunge that were previously unsubmitted are allowed in the sum of $208.63. (bm)
October 22, 2012 Filing 800 FINAL JUDGMENT AS TO DEFENDANT ALEX PANG, THE SPECIAL ADMINISTRATOR OF THE ESTATE OF DANNY PANG by Judge Philip S. Gutierrez, in favor of United States of America against Alex Pang: IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that the Pang Estate is liable for disgorgement of $9,488,413, representing profits gained as a result of the conduct alleged in the Second Amended Complaint, together with prejudgment interest thereon in the amount of $1,090,771, for a total of $10,579,184. The Pang Estate shall assign to the Court-appointed permanent Receiver all of its rights and interests in the following assets and claims. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent of Defendant Alex Pang, the Special Administrator of the Estate of Danny Pang is incorporated herein with the same force and effect as if fully set forth herein, and that the Pang Estate shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. Nothing herein shall extinguish the powers and authorities granted to the Receiver in the Court's August 4, 2009 Preliminary Injunction (See Docket No. 246). There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. (see document for further details) (bm)
October 22, 2012 Filing 799 FINAL JUDGMENT AS TO DEFENDANTS PRIVATE EQUITY MANAGEMENT GROUP, LLC AND PRIVATE EQUITY MANAGEMENT GROUP, INC. by Judge Philip S. Gutierrez, in favor of United States of America against Private Equity Management Group, Inc., Private Equity Management Group, LLC: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants and Defendants' agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. 240.10b-5, by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants and Defendants agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 (the "Securities Act"), 15 U.S.C. 77q(a), in the offer or sale of any security by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants are liable jointly and severally for disgorgement of $631,373,225, representing profits gained as a result of the conduct alleged in the Second Amended Complaint, together with prejudgment interest thereon in the amount of $72,581,507, for a total of $703,954,732. The obligations of Defendants to pay disgorgement and prejudgment interest shall be deemed satisfied by the amount the Court-appointed permanent receiver collects, as reflected in the receiver's reports and final accounting to the Court. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent of Defendants Private Equity Management Group, Inc. and Private Equity Management Group, LLC is incorporated herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with all of the undertakings and agreements set forth therein. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. Nothing herein shall extinguish the powers and authorities granted to the Receiver in the Court's August 4, 2009 Preliminary Injunction (See Docket No. 246). There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice. (see document for further details) (bm)
October 19, 2012 Filing 798 PROOF OF SERVICE filed by Interested Nonparty Utilities Inc. of Central Nevada, re MOTION for Order for Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier #797 served on October 19, 2012. (Marmolejo, Matthew)
October 19, 2012 Filing 797 NOTICE OF MOTION AND MOTION for Order for Permitting Utilities, Inc. of Central Nevada to Sue Receiver Robert P. Mosier filed by Interested Nonparty Utilities Inc. of Central Nevada. Motion set for hearing on 12/10/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Courtney Miller O'Mara, #2 Exhibit 1-3)(Marmolejo, Matthew)
October 19, 2012 Filing 796 APPLICATION for Attorney Fees for June 2012 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
October 18, 2012 Filing 795 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
October 18, 2012 Filing 794 SETTLEMENT AGREEMENT Consent of Defendants Private Equity Management Group, LLC and Private Equity Management Group, Inc. to Entry of Final Judgment filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Judgment)(Van Havermaat, David)
October 18, 2012 Filing 793 SETTLEMENT AGREEMENT Consent of Defendant Alex Pang, the Special Administrator of the Estate of Danny Pang, to Entry of Final Judgment filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Judgment)(Van Havermaat, David)
October 17, 2012 Opinion or Order Filing 792 MINUTE ORDER IN CHAMBERS GRANTING UICN's Claim by Judge Philip S. Gutierrez: re: Brief, #778 , Motion Hearing, #790 : For the foregoing reasons, the Court concludes that UICN is entitled to $162,550.04, or 26.7 percent of its judgment against Jorei. (see document for further details) (bm)
October 17, 2012 Opinion or Order Filing 791 MINUTE ORDER IN CHAMBERS GRANTING in part and DENYING in part Receiver Thomas Seaman's Claims by Judge Philip S. Gutierrez: re: Motion Hearing #790 : For the foregoing reasons, the Court GRANTS Seaman's Investment Claim in the amount of $736,322.89, which represents 26.7 percent of the total claim, and DENIES Seaman's Commission Claim. (see document for further details) (bm)
October 17, 2012 Filing 790 MINUTES: CLAIM RESOLUTION HEARING FOR UICN'S CLAIM; CLAIM RESOLUTION HEARING FOR THOMAS A. SEAMAN'S DISPUTED CLAIMS RECEIVER ROBERT MOSIER'S OPPOSITION OF JOREI ENTERPRISES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, TO CLAIM OFUTILITIES, INC. OF CENTRAL NEVADA FILED 10-01-12 (DOC. 781): Having considered all papers submitted in connection to the claims referenced above, and the oral argument presented today, the Court takes both claims Under Submission by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
October 16, 2012 Filing 789 NOTICE of Change of Attorney Information for attorney Matthew Henry Marmolejo counsel for Intervenor Utilities Inc. of Central Nevada. Filed by Interested Nonparty Utilities, Inc. of Central Nevada (Marmolejo, Matthew)
October 11, 2012 Opinion or Order Filing 788 MINUTES (IN CHAMBERS) ORDER REGARDING FURTHER EXTENSION OF MOTION FOR SETTLEMENT APPROVAL by Magistrate Judge Jay C. Gandhi: On August 28, 2012, the parties and their counsel appeared for a further settlement conference. The matter was resolved, and the Court ordered the SEC and the Receiver to "move for approval of the settlement within 30 calendar days." [See Dkt. No. 770.] The approval motion was to be filed on or before October 11, 2012. Now, on its own motion, the Court further extends the deadline by one more week, that is, the approval motion shall be filed on or before October 18, 2012. IT IS SO ORDERED. #770 . (bem)
October 9, 2012 Opinion or Order Filing 787 MINUTES (IN CHAMBERS) ORDER REGARDING FURTHER EXTENSION OF MOTION FOR SETTLEMENT APPROVAL by Magistrate Judge Jay C. Gandhi: re: Settlement Conference, #770 . On August 28, 2012, the parties and their counsel appeared for a further settlement conference. The matter was resolved, and the Court ordered the SEC and the Receiver to "move for approval of the settlement within 30 calendar days." [See Dkt. No. 770.] On September 13, 2012, the Court extended that deadline by one week, that is, the approval motion was to be filed on or before October 4, 2012. [See Dkt. No. 776.] Now, on its own motion, the Court further extends the deadline by one more week, that is, the approval motion shall be filed on or before October 11, 2012. IT IS SO ORDERED. (bem)
October 9, 2012 Filing 786 PROOF OF SERVICE filed by Interested Nonparty Utilities Inc. of Central Nevada, re Reply (Motion related) #785 served on October 9, 2012. (Kerr, Michael)
October 9, 2012 Filing 785 REPLY In Support Of Central Nevada's Opening Brief filed by Intervenor Utilities Inc. of Central Nevada. (Attachments: #1 Declaration Courtney Miller O'Mara)(Kerr, Michael)
October 5, 2012 Filing 784 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, the Claim Resolution Hearing for UICN's and the Claim Resolution Hearing for Thomas A. Seaman's are hereby continued from 10/15/12 to 10/17/12 at 1:30 pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
October 2, 2012 Filing 783 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Opposition to Claim #781 . The following error(s) was found: Incorrect event selected. The correct event is: Miscellaneous Filings (Non-Motion)-Memorandum of Points and Authorities in Opposition (non-motion). Other error(s) with document(s): Opposition should be linked to Claim. 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 1, 2012 Filing 782 PROOF OF SERVICE filed by receiver Mosier & Company, Inc., re Miscellaneous Document #781 served on 10/01/2012. (Rense, Kirk)
October 1, 2012 Filing 781 opposition of Jorei Enterprises, LLC, a california limited liability company, to claim of Utilities, Inc. of central Nevada, declaration in support filed by Receiver Mosier & Company, Inc. (Attachments: #1 Exhibit exhibits)(Rense, Kirk)
September 28, 2012 Opinion or Order Filing 780 MINUTES (IN CHAMBERS) ORDER GRANTING Request for Recognition of a Constructive Trust, with Certain Exceptions by Judge Philip S. Gutierrez granting #683 Motion: Having read and considered the moving and opposing papers and the supporting declarations, the Court GRANTS the motion for a constructive trust, subject to certain exemptions. Accordingly, to the extent it is determined that UICN's Non-Investor claim is righteous; the amount of UICN's entitlement is exempted from the constructive trust. The Court also notes the pending claim of Non-Investor Claimant Thomas Seaman. See Dkt. # 720, 725, 730. To the extent it is determined that Thomas Seaman's claim is righteous; the amount awarded shall also be exempted from the constructive trust for the reasons set forth above. For the foregoing reasons, the Receiver's request for recognition of a constructive trust is GRANTED, with certain exemptions. Recognition of the constructive trust shall be without prejudice to the Non-Investor claims asserted in accordance with the Non-Investor claims resolution procedure approved by the Court that remain outstanding. The Court hereby orders that any and all assets of the entities listed in Addendum A to the Receiver's proposed order (the "Proposed Trust Entities"), see Dkt 683-8, were held in constructive trust by the Proposed Trust Entities for the benefit of PEMGroup's investors, or their assignees, as of July 2, 2009. All assets held in constructive trust by the Proposed Trust Entities are traceable to funds provided by PEMGroup's investors. (see document for further details) (bm)
September 24, 2012 Filing 779 PROOF OF SERVICE filed by Interested Nonparty Utilities Inc. of Central Nevada, re Brief (non-motion non-appeal), Brief (non-motion non-appeal) #778 served on September 24, 2012. (Kerr, Michael)
September 24, 2012 Filing 778 BRIEF filed by Interested Nonparty Utilities Inc. of Central Nevada. (Attachments: #1 Declaration of Courtney Miller O'Mara, #2 Exhibit 1-8, #3 Exhibit 9-13, #4 Exhibit 14-21, #5 Declaration of Laura Granier, #6 Declaration of Wendolyn S.W. Barnett)(Kerr, Michael)
September 13, 2012 Opinion or Order Filing 777 ORDER by Judge Philip S. Gutierrez: GRANTING #765 Motion for Order Setting Claim Resolution Hearing and Briefing Schedule for Disputed Non-Investor Claim of Utilities Inc. of Central Nevada ("UICN") Against Jorei Enterprises, LLC, a California Limited Liability Company: The Claim Resolution Hearing for UICN's claim shall be held on October 15, 2012 at 2:00 PM; The UICN Opening Brief shall be due on 9/24/2012; The Receiver's Opposition Brief shall be due on 10/1/2012; UICN's Reply Brief, if any, shall be due on 10/9/2012. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
September 13, 2012 Opinion or Order Filing 776 MINUTES (IN CHAMBERS)ORDER REGARDING MOTION FOR SETTLEMENT APPROVAL by Magistrate Judge Jay C. Gandhi: On August 28, 2012, the parties and their counsel appeared for a further settlement conference. The matter was resolved, and the Court ordered the SEC and the Receiver to move for approval of the settlement within 30 calendar days." [See Dkt. No. 770.] On its own motion, the Court now extends that deadline by one week, that is, the approval motion shall be filed on or before October 4, 2012. No further extensions shall be allowed absent extraordinary circumstances. IT IS SO ORDERED. #770 . (bem)
September 7, 2012 Opinion or Order Filing 775 ORDER by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for March 2012 and previously unpaid periods #768 , and any opposition thereto, and good cause appearing therefore, MOSIER & CO: 1. Fees and expenses for the Receiver for the period of March 2012 are allowed in the sum of $76,329.16. 2. The Receiver is authorized to pay himself $76,329.16 in fees and expenses. KIRK S. RENSE: 3. Fees and expenses for Kirk S. Rense for the period of March 2012 are allowed in the sum of $3,869.00. 4. The Receiver is authorized to pay Kirk S. Rense $3,869.00. LAW OFFICES OF A. LAVAR TAYLOR: 5. Fees and expenses for the Law Offices of A. Lavar Taylor for the period of March 2012 are allowed in the sum of $8,268.50. 6. The Receiver is authorized to pay the Law Offices of A. Lavar Taylor $8,268.50. DELOITTE TAX LLP: 7. Fees and expenses for Deloitte Tax LLP for the period of March 2012 are allowed in the sum of $27,893.00. 8. The Receiver is authorized to pay Deloitte Tax LLP $27,893.00. ALLIANCE INTERNATIONAL LAW OFFICES: 9. Fees and expenses for Alliance International Law Offices for the period of March 2012 are allowed in the sum of $2,280.00. 10. The Receiver is authorized to pay Alliance International Law Offices $2,280.00. AMERICAN ARBITRATION ASSOCIATION: 11. Fees and expenses for the American Arbitration Society for previously unsubmitted periods are allowed in the sum of $41,706.25. 12. The Receiver is authorized to pay the American Arbitration Society $41,706.25 STEPTOE & JOHNSON LLP: 13. Fees and expenses for Steptoe & Johnson LLP for previously unsubmitted periods are allowed in the sum of $22,337.96. 14. The Receiver is authorized to pay Steptoe & Johnson LLP $22,337.96 DLA PIPER LLP (US): 15. Fees and costs for DLA Piper LLP (US) for the period of March 2012are allowed in the sum of $314,201.25 and $15,714.94, respectively. 16. The Receiver is authorized to pay DLA Piper LLP (US) $329,916.19 ESTUDIO BUNGE: 17. Fees and expenses for Estudio Bunge for previously unsubmitted periods are allowed in the sum of $1,282.60. 18. The Receiver is authorized to pay Estudio Bunge $1,282.60. (ir)
September 7, 2012 Opinion or Order Filing 774 ORDER by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for January 2012 and previously unpaid periods #723 , and any opposition thereto, and good cause appearing therefore, MOSIER & CO. 1. Fees and expenses for the Receiver for the period of January 2012 are allowed in the sum of $91,781.77. 2. The Receiver is authorized to pay himself $91,781.77 in fees and expenses. THE LAW OFFICES OF PAUL B. BURNS 3. Fees and expenses for The Law Offices of Paul B. Burns for the period of January 2012 are allowed in the sum of $5,850.00. 4. The Receiver is authorized to pay The Law Offices of Paul B. Burns $5,850.00 STEPTOE & JOHNSON LLP 5. Fees and expenses for Steptoe & Johnson LLP for the period of January 2012 are allowed in the sum of $2,141.66. 6. The Receiver is authorized to pay Steptoe & Johnson LLP $2,141.66 DLA PIPER LLP (US) 7. Fees and costs for DLA Piper LLP (US) for the period of January 2012 are allowed in the sum of $263,253.60 and $1,447.12, respectively. 8. The Receiver is authorized to pay DLA Piper LLP (US) $264,700.72 ABM CORPORATE SERVICES, LTD 9. Fees and expenses for ABM Corporate Services, Ltd for the period of January 2012 are allowed in the sum of $2,037.02. 10. The Receiver is authorized to pay ABM Corporate Services, Ltd $2,037.02. (ir)
September 7, 2012 Opinion or Order Filing 773 ORDER by Judge Philip S. Gutierrez: Application for approval of fees and costs #737 . The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for February 2012 and previously unpaid periods, and any opposition thereto, and good cause appearing therefore, MOSIER & CO. 1. Fees and expenses for the Receiver for the period of February 2012 are allowed in the sum of $76,813.65. 2. The Receiver is authorized to pay himself $76,813.65 in fees andexpenses. THE LAW OFFICES OF PAUL B. BURNS 3. Fees and expenses for The Law Offices of Paul B. Burns for the period of February 2012 are allowed in the sum of $5,000.00. 4. The Receiver is authorized to pay The Law Offices of Paul B. Burns $5,000.00. LAW OFFICES OF A. LAVAR TAYLOR 5. Fees and expenses for the Law Offices of A. Lavar Taylor for the period of February 2012 and previously unbilled periods are allowed in the sum of $19,868.50. 6. The Receiver is authorized to pay The Law Offices of A. Lavar Taylor $19,868.50. KIRK S. RENSE 7. Fees and expenses for Kirk S. Rense for the period of February 2012are allowed in the sum of $2,544.00. 8. The Receiver is authorized to pay Kirk S. Rense $2,544.00. ALLIANCE INTERNATIONAL LAW OFFICES 9. Fees and expenses for Alliance International Law Offices for the period of February 2012 and previously unbilled periods are allowed in the sum of $1,056.00. 10. The Receiver is authorized to pay Alliance International Law Offices $1,056.00.STEPTOE & JOHNSON LLP 11. Fees and expenses for Steptoe & Johnson for previously unbilled periods are allowed in the sum of $5,240.08. 12. The Receiver is authorized to pay Steptoe & Johnson LLP $5,240.08. DLA PIPER LLP (US) 13. Fees and costs for DLA Piper LLP (US) for the period of February2012 are allowed in the sum of $330,235.20 and $7,589.03, respectively.14. The Receiver is authorized to pay DLA Piper LLP (US) $337,824.23 (ir)
August 31, 2012 Filing 772 STATUS REPORT (Fourteenth) and Declaration of Receiver Robert P. Mosier filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A - E)(Morgan, Nicolas)
August 31, 2012 Filing 771 APPLICATION for Order for Approval of Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan In Support, #2 Declaration of Robert Mosier In Support, #3 Proposed Order)(Morgan, Nicolas)
August 28, 2012 Filing 770 MINUTES OF Further Settlement Conference held before Magistrate Judge Jay C. Gandhi: The above-captioned matter came on for a further settlement conference. The Court conducted a joint session. The Court privately caucused with the parties and their counsel. The matter was resolved. The SEC and the Receiver shall move for approval of the settlement within 30 calendar days. IT IS SO ORDERED. Court Recorder: CS 8/28/12. (bem)
August 10, 2012 Opinion or Order Filing 769 MINUTES (IN CHAMBERS) ORDER SETTING FURTHER SETTLEMENT CONFERENCE REGARDING THE DANNY PANG ESTATE by Magistrate Judge Jay C. Gandhi: On its own motion, the Court hereby DIRECTS the following parties and their lead counsel to appear on August 28, 2012 at 10:00 a.m. for a Further Settlement Conference in connection with the Danny Pang Estate. The Judge's settlement conference mirrors the traditional, comprehensive mediation and the parties shall prepare accordingly. The Court will entertain settlement statements from the "bank" parties, and supplemental settlement statements from the other parties for this Further Settlement Conference. Such statements should not exceed five (5) pages in length. The statements are due on or before Tuesday, August 21, 2012. To the extent appropriate, one or more of the above parties may submit joint statements. (See Order for details) (bem)
August 3, 2012 Filing 768 APPLICATION for Attorney Fees for March 2012 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
July 23, 2012 Filing 767 Notice of Withdrawal of Motion for Order to Show Cause, #762 filed by Interested Nonparty Utilities Inc. of Central Nevada. (Rowse, Kristen)
July 18, 2012 Filing 766 PROOF OF SERVICE filed by receiver Mosier & Company, Inc., re MOTION for Order for setting claim resolution hearing for claim of Utilities, Inc. of Central Nevada against Jorei Enterprises. LLC, a California limited liability company #765 served on 7/18/2012. (Rense, Kirk)
July 18, 2012 Filing 765 NOTICE OF MOTION AND MOTION for Order for setting claim resolution hearing for claim of Utilities, Inc. of Central Nevada against Jorei Enterprises. LLC, a California limited liability company filed by receiver Mosier & Company, Inc.. Motion set for hearing on 9/17/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum Memorandum of points and authorities in support of receiver's motion for order, #2 Declaration declaration of Kirk Rense in support of receiver's motion for order, #3 Proposed Order proposed order)(Rense, Kirk)
July 17, 2012 Filing 764 NOTICE of Appearance filed by attorney Kristen A Rowse on behalf of Intervenor Utilities Inc. of Central Nevada (Rowse, Kristen)
July 17, 2012 Filing 763 PROOF OF SERVICE filed by Interested Nonparty Utilities Inc. of Central Nevada, re MOTION for Order to Show Cause re: Why Receiver Robert Mosier Should Not Be Held In Contempt #762 served on July 17, 2012. (Rowse, Kristen)
July 17, 2012 Filing 762 NOTICE OF MOTION AND MOTION for Order to Show Cause re: Why Receiver Robert Mosier Should Not Be Held In Contempt filed by Interested Nonparty Utilities Inc. of Central Nevada. Motion set for hearing on 10/1/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration Courtney Miller O'Mara, #2 Proposed Order)(Rowse, Kristen) MOTION IS WITHDRAWN PURSUANT TO NOTICE DATED 7/23/12, DOCUMENT #767 . Modified on 7/26/2012 (bm).
July 17, 2012 Opinion or Order Filing 761 ORDER by Judge Philip S. Gutierrez: Having considered the Notice of Withdrawal of Claim #729 . IT IS HEREBY ORDERED as follows: The disputed Claim submitted by Non-Investor Claimant Sandra Chang is hereby resolved, in accordance with a Settlement Agreement entered into by Receiver Robert P. Mosier (the "Receiver"), the Court-appointed permanent receiver of Private Equity Management Group, LLC, Private Equity Management Group, Inc., and subsidiaries and affiliates thereof ("PEMGroup"), and Sandra Chang. (ir)
July 12, 2012 Filing 760 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: RECEIVER ROBERT MOSIER'S MOTION FOR ORDER RE CONSTRUCTIVE TRUST #683 set for hearing on 07/16/12 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
July 9, 2012 Filing 759 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56242, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #758 as to Claimants Howard Coblentz, Carlos Ibarra, Geovanni Amores. (car)
July 3, 2012 Opinion or Order Filing 757 ORDER DENYING Receiver's Request for Publication of Court's May 1, 2012 Decision (Dkt. #715) by Judge Philip S. Gutierrez: DENIED BY ORDER OF COURT #752 Request for Publication of Court's May 1, 2012 Decision, Dkt # 715. (lw)
July 2, 2012 Filing 756 OF SERVICE filed by receiver Mosier & Company, Inc., re Reply (Motion related), Reply (Motion related) #755 served on 7/2/2012. (Rense, Kirk)
July 2, 2012 Filing 755 REPLY su to opposition of Utilities, Inc. of Central Nevada to receiver's motion for order re constructive trust filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration declaration of Robert P. Mosier in support of reply to opposition of utilities, Inc. of central nevada to receiver's motion for order re contructive trust)(Rense, Kirk)
July 2, 2012 Filing 754 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Reply (Motion related) #753 served on July 2, 2012. (Morgan, Nicolas)
July 2, 2012 Filing 753 REPLY In Support Of MOTION for Order for Re Constructive Trust #683 filed by Receiver Mosier & Company, Inc.. (Morgan, Nicolas)
June 29, 2012 Filing 752 REQUEST for Order for PUBLICATION OF COURTS MAY 1, 2012 DECISION (DKT. # 715) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Pujji, Ramnik)
June 29, 2012 Filing 751 NOTICE OF LODGING filed Re: [PROPOSED] ORDER RESOLVING CLAIM FILED BY NON-INVESTOR CLAIMANT SANDRA CHANG re Notice of Withdrawal of Claim #729 (Attachments: #1 Proposed Order)(Pujji, Ramnik)
June 28, 2012 Filing 758 NOTICE OF APPEAL to the 9th CCA filed by claimants Howard Coblentz, Carlos Ibarra, and Geovanni Amores. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, #734 Filed On: 6/15/12; Entered On: 6/15/12; Filing fee $ 455. Billed. (car)
June 28, 2012 Filing 750 NOTICE OF ERRATA filed by Receiver Thomas A Seaman. correcting Brief (non-motion non-appeal), Brief (non-motion non-appeal) #749 (omitted word) (Scollan, Francis)
June 27, 2012 Filing 749 BRIEF filed by Receiver Claimant Thomas A Seaman. SUPPLEMENTAL BRIEF IN SUPPORT OF CLAIMS FILED BY THOMAS A. SEAMAN AS RECEIVER FOR THE MEDCAP RECEIVERSHIP regarding Minutes of In Chambers Order/Directive - no proceeding held,,, #732 . (Scollan, Francis)
June 27, 2012 Filing 748 SUPPLEMENTAL BRIEF filed by Receiver Mosier & Company, Inc.. In Opposition to Claims Filed by Non-Investor Claimant Thomas A. Seaman As Receiver for the Medcap Receivership regarding Brief (non-motion non-appeal) #720 , Minutes of In Chambers Order/Directive - no proceeding held,,, #732 . (Pujji, Ramnik)
June 26, 2012 Opinion or Order Filing 747 ORDER RE: STIPULATION FOR LIMITED INTERVENTION By Claimant Banks To File A Brief In Support Of The Receiver's Motion For Order Re Constructive Trust by Judge Philip S. Gutierrez, re Stipulation to Intervene, #741 : The Court, having considered the Stipulation for Limited Intervention by Claimant Banks to File a Brief in Support of the Receiver's Motion for Order Re Constructive Trust, and good cause being found; HEREBY ORDERS that Bank SinoPac, Hua Nan Commercial Bank, Ltd., Hua Nan Investment Trust Corp., Cosmos Bank Taiwan, and Entie Commercial Bank, Ltd. are permitted to intervene for the limited purpose of filing a brief in support of the Receiver's Motion for Order Re Constructive Trust and in response to the governments opposition brief by June 25, 2012. (bm)
June 25, 2012 Filing 746 MEMORANDUM in Opposition to MOTION for Order for Re Constructive Trust #683 AND JOINDER IN INTERNAL REVENUE SERVICES OPPOSITION re: MOTION for Order Re Constructive Trust [Dkt 740] filed by Intervenor Utilities Inc. of Central Nevada. (Attachments: #1 Declaration Laura K. Granier, #2 Declaration Exhibits 1-7 to the Decl. of L. Granier)(Rowse, Kristen)
June 25, 2012 Filing 745 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Memorandum in Support of Motion, #744 served on June 25, 2012. (Morales Fabila, Esteban)
June 25, 2012 Filing 744 MEMORANDUM in Support of MOTION for Order for Re Constructive Trust #683 filed by Claimants Bank Sinopac, Entie Commercial Bank Ltd, Creditor Cosmos Bank, Taiwan, Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp.. (Marmalefsky, Dan)
June 25, 2012 Filing 743 NOTICE OF NON-OPPOSITION to MOTION for Order for Re Constructive Trust #683 filed by Plaintiff Securities and Exchange Commission. (Wynn, Paris)
June 22, 2012 Filing 742 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Stipulation to Intervene, #741 served on June 22, 2012. (Morales Fabila, Esteban)
June 21, 2012 Filing 741 STIPULATION to Allow Claimant Banks to Intervene for the purpose of Only to File a Brief In Support of the Receiver's Motion for Order Re Constructive Trust filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Morgan, Nicolas)
June 21, 2012 Filing 740 OPPOSITION re: MOTION for Order for Re Constructive Trust #683 filed by Intervenor Parties Internal Revenue Service, United States of America. (Conte, Robert)
June 20, 2012 Opinion or Order Filing 739 ORDER by Judge Philip S. Gutierrez, re Stipulation to Intervene #735 , 1. The United States and its agency the Internal Revenued Service (IRS) shall be permitted to intervene in this action for the limited purpose of opposing the Receiver's motion for imposition of constructive trust, filed on about March 12, 2012 (the motion). The IRS should be heard on its opposition. 2. The IRS's opposition, a copy of which is attached at Tab B of the parties' stipulation, shall be considered by the court. 3. The IRS is directed to further efile its opposition so that it may be entered on the docket sheet. (lw)
June 19, 2012 Filing 738 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Stipulation to Intervene #735 served on June 18, 2012. (Morales Fabila, Esteban)
June 18, 2012 Filing 737 APPLICATION for Attorney Fees for February 2012 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
June 18, 2012 Opinion or Order Filing 736 MINUTES (IN CHAMBERS)ORDER REGARDING STATUS OF SETTLEMENT by Magistrate Judge Jay C. Gandhi: The Securities & Exchange Commission shall confidentially advise this Court, in writing, on or before June 29, 2012, of the approval status of the settlement reached on or about May 1, 2012. (See Order for details) (bem)
June 18, 2012 Filing 735 STIPULATION to Allow United States of America to Intervene for the purpose of Only to Oppose Receiver's Motion for Constructive Trust filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Morales Fabila, Esteban)
June 15, 2012 Opinion or Order Filing 734 MINUTE ORDER IN CHAMBERS DENYING Claim by Judge Philip S. Gutierrez: The burden was on Claimants, pursuant to the October Order, to come forward with evidence sufficient to establish, by a preponderance of the evidence, their entitlement to the $4,500,000 amount sought. They failed to do so. Accordingly, Non-Investor Claimants Coblentz, Ibarra, and Amores Claim is DENIED. (see document for further details) (bm)
June 13, 2012 Opinion or Order Filing 733 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez: Opposition of United States and Its Agency The Internal Revenue Service to Receiver's Motion fro Constructive Trust received 6/13/12 is NOT to be filed, but instead REJECTED and is ORDERED return to counsel. Denial based on General Order 10-07 Case is designated for electronic filing; Counsel for the Government talk to the Courtroom Deputy; United States of America new party. (ir)
June 13, 2012 Opinion or Order Filing 732 MINUTE ORDER IN CHAMBERS Requiring Supplemental Briefing by Judge Philip S. Gutierrez: Thus, it appears that some, if not all of the MedCap Receiver's Claims may be barred by the statute of limitations applicable to fraudulent transfers as applied by the Ninth Circuit in Donell. And while Donell is cited in the papers, the parties have failed to address the statute of limitations. Accordingly, the Court orders the parties to submit supplemental briefs on the issue of the proper application of the statute of limitations to some or all of the MedCap Receiver's Claims. The PEMGroup Receiver and Non-Investor Claimant Thomas A. Seaman may submit briefs limited to seven (7) pages on or before June 27, 2012. The matter is taken under submission. The Court shall issue a ruling after full consideration of the merits. (see document for further details) (bm)
June 4, 2012 Filing 730 REPLY in support of Receiver Thomas Seaman's Brief in Support of Three Claims filed by Receiver Thomas A Seaman. (Scollan, Francis)
June 1, 2012 Filing 731 DECLARATION of Howard T Coblentz in opposition of Receiver Robert P Mosier's Motion for 1) Receiver's opposition to opening brief in support of claim submitted by non-claimant Howard Coblentz, Carlos Ibarra and Geovanni Amores; 2) Request for Spanish to English interpreter for the entire case and 6/18/12 scheduled hearing at 2:00 p.m. filed by Claimant Howard Coblentz. (ir)
June 1, 2012 Filing 729 WITHDRAWAL of filed by Claimant Sandra Chang. (McConville, Thomas)
May 31, 2012 Opinion or Order Filing 728 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #682 Application for Attorney Fees: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for November 2011 and previously unpaid periods, and any opposition thereto, and good cause appearing therefore, Mosier & Co.: 1. Fees and expenses for the Receiver for the period of November 2011 are allowed in the sum of $99,611.29. 2. The Receiver is authorized to pay himself $99,611.29 in fees and expenses. The Law Offices of Paul B. Burns: 3. Fees and expenses for The Law Offices of Paul B. Burns for the period of November 2011 are allowed in the sum of $5,372.50. 4. The Receiver is authorized to pay The Law Offices of Paul B. Burns $5,372.50. Alliance International Law Offices: 5. Fees and expenses for Alliance International Law Offices for the period of November 2011 and periods not previously submitted are allowed in the sum of $1,714.00. 6. The Receiver is authorized to pay Alliance International Law Offices $1,714.00. Kolesar & Leatham: 7. Fees and expenses for Kolesar & Leatham for the period of June 2011 are allowed in the sum of $1,395.00. 8. The Receiver is authorized to pay Kolesar & Leatham $1,395.00. DLA Piper LLP (US): 9. Fees and costs for DLA Piper LLP (US) for the period of November 2011 are allowed in the sum of $152,368.20 and $748.24, respectively.10. The Receiver is authorized to pay DLA Piper LLP (US) $153,116.44. (bm)
May 31, 2012 Opinion or Order Filing 727 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrezgranting #702 Application for Attorney Fees: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals for December 2011 and previously unpaid periods, and any opposition thereto, and good cause appearing therefore, Mosier & Co.: 1. Fees and expenses for the Receiver for the period of December 2011 are allowed in the sum of $71,893.85. 2. The Receiver is authorized to pay himself $71,893.85 in fees and expenses. The Law Offices of Paul B. Burns: 3. Fees and expenses for The Law Offices of Paul B. Burns for the period of December 2011 are allowed in the sum of $1,440.00. 4. The Receiver is authorized to pay The Law Offices of Paul B. Burns $1,440.00. Alliance International Law Offices: 5. Fees and expenses for Alliance International Law Offices for the period of December 2011 and periods not previously submitted are allowed in the sum of $822.00. 6. The Receiver is authorized to pay Alliance International Law Offices $822.00. Crowe Horwath LLP: 7. Fees and expenses for Crowe Horwath LLP for periods not previously submitted are allowed in the sum of $65,091.25. 8. The Receiver is authorized to pay Crowe Horwath LLP $65,091.25. DLA Piper LLP (US): 9. Fees and costs for DLA Piper LLP (US) for the period of December 2011 are allowed in the sum of $125,086.05 and $339.01, respectively. 10. The Receiver is authorized to pay DLA Piper LLP (US) $125,425.06. (bm)
May 30, 2012 Opinion or Order Filing 726 MINUTE ORDER IN CHAMBERS DENYING Claim Without Prejudice by Judge Philip S. Gutierrez re: Claim #711 : Before the Court is Non-Investor Claimant Erwin & Johnson, LLP's claim against Receiver Robert P. Mosier for indemnification in the amount of $916,122.23, plus an unspecified amount in attorneys fees and litigation costs. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. Having read and considered Non-Investor Claimant's Opening Brief and the Receiver's Opposition, the claim is DENIED WITHOUT PREJUDICE. (bm)
May 21, 2012 Filing 725 MEMORANDUM of Points and Authorities in Opposition filed by Receiver Mosier & Company, Inc.. To Brief In Support Of Claims Filed By Non-Investor Claimant Thomas A. Seaman As Receiver For The Medcap Receivership Re: Brief (non-motion non-appeal) #720 (Pujji, Ramnik)
May 21, 2012 Filing 724 MEMORANDUM of Points and Authorities in Opposition filed by Receiver Mosier & Company, Inc.. To Opening Brief In Support Of Claim Submitted By Non-Investor Claimants Howard Coblentz, Carlos Ibarra and Geovanni Amores Re: Brief (non-motion non-appeal) #716 (Pujji, Ramnik)
May 16, 2012 Filing 723 APPLICATION for Attorney Fees for January 2012 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
May 10, 2012 IN CHAMBERS TEXT ONLY ENTRY by Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, the Status Conference currently set for MAY 14, 2012 AT 2:30 PM is hereby TAKEN OFF CALENDAR. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(lw) TEXT ONLY ENTRY
May 7, 2012 Filing 718 OBJECTIONS to Non-Investor Claimant Erwin & Johnson, LLP's Opening Brief filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
May 2, 2012 Opinion or Order Filing 719 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Philip S. Gutierrez ORDERING (1) Brief in support of Claim filed by Thomas A Seaman as Receiver for the Medcap Receivership; (2) Declaration of Thomas A Seaman; (3) Declaration of Francis Scollan submitted by Receiver Thomas A Seaman received on 5/1/12 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ir)
May 2, 2012 Filing 716 CLAIMANTS Howard Coblentz, Carlos Ibarra and Geovanni Amores opening Brief in support of Claim Against Defendants and Receiver Robert P Mosier filed by claimant Howard Coblentz. (bm)
May 1, 2012 Filing 722 DECLARATION of Francis Scollan in support of Claims filed by Thomas A Seaman as Receiver for The MedCap Receivership filed by Receiver Thomas A Seaman. (ir)
May 1, 2012 Filing 721 DECLARATION of Thomas A Seaman in support of Claim filed by Receiver Thomas A Seaman. (ir)
May 1, 2012 Filing 720 BRIEF in support of Claims filed by Thomas A Seaman as Receiver for the Medcap Receivership filed by MedCap Receiver Thomas A Seaman. (ir)
May 1, 2012 Filing 717 MINUTES OF Settlement Conference held before Magistrate Judge Jay C. Gandhi: The above-captioned matter came on for a settlement conference. The Court privately caucused with the parties and their counsel. The matter was resolved, subject to approval by the SEC commissioners. The SEC shall contact this Court within thirty (30) calendar days to advise of the status of the approval, as well as any other pertinent information relating to the resolution of this matter. IT IS SO ORDERED. Court Recorder: CS 5/1/12. (bem)
May 1, 2012 Opinion or Order Filing 715 MINUTES: (In Chambers) Order DENYING Claims: The Receiver properly denied both claims brought by Non-Investor Claimant Genesis Insurance Brokers, Ltd. The motion for an order directing the Receiver to pay fees and costs owed to Genesis #699 is DENIED IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
April 27, 2012 Filing 714 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Order, Set/Reset Motion Hearing and R&R Deadlines,, #713 Regarding Receiver's Motion for Constructive Trust served on April 27, 2012. (Morales Fabila, Esteban)
April 26, 2012 TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: CLAIM RESOLUTION HEARING AND BRIEFING SCHEDULE FOR NON-INVESTOR GENESIS INSURANCE BROKERS, LIMITED ("GENESIS BROKERS") CLAIMS FOR $150,000 AND $186,548; CLAIMS RESOLUTION HEARING FOR SHAMONT SAPP'S DISPUTED CLAIM FOR $15,000; AND INTERESTED NON-INVESTOR CLAIMANT GENESIS INSURANCE BROKERS, LIMITED'S MOTION FOR ORDER DIRECTING RECEIVER TO PAY FEES AND COSTS OWED TO GENESIS INSURANCE BROKERS #699 set for hearing on 04/30/12 are taken under submission and off calendar. Accordingly, no appearance by parties is necessary. The Court will issue a ruling after full consideration of the submitted pleadings.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
April 25, 2012 Opinion or Order Filing 713 ORDER by Judge Philip S. Gutierrez: Having considered the Stipulation #710 . The hearing date for the Receiver's Motion for Order re Constructive Trust #683 is continued from 5/21/12 to 7/16/12; Any opposition papers to the Motion for Order re Construction Trust shall be filed and served on or before 6/25/12; and Any Reply papers shall be filed and served on or before 7/2/12. (ir)
April 24, 2012 Filing 712 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Stipulation to Continue, #710 served on April 24, 2012. (Morgan, Nicolas)
April 23, 2012 Filing 711 CLAIMANT ERWIN & JOHNSON, LLP'S OPENING BRIEF IN SUPPORT OF CLAIM AGAINST DEFENDANTS filed by claimant Erwin & Johnson, LLP. (bm) (bm).
April 23, 2012 Filing 710 STIPULATION to Continue Hearing Date from May 21, 2012 to July 16, 2012 Re: MOTION for Order for Re Constructive Trust #683 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Proposed Order)(Morgan, Nicolas)
April 17, 2012 Opinion or Order Filing 709 MINUTE ORDER (IN CHAMBERS) ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi: IT IS ORDERED as follows: The parties and their lead trial counsel shall appear for a settlement conference on May 1, 2012 at 9:00 a.m., in Courtroom 827-A of the United States Courthouse, 312 North Spring Street, 8th Floor, Los Angeles, California 90012. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. (See Order for important details) (gr)
April 16, 2012 Filing 708 REPLY in support of motion MOTION for Order for Granting Genesis Insurance Brokers, Limited's Motion for Order Directing Receiver teo Pay Fees and Costs Owed to Genesis Insurance Brokers #699 Reply Memorandum by Non-Investor Claimant Genesis Insurance Brokers In Support of Motion for Order Directing Receiver to Pay Fees and Costs Owed to Genesis Insurance Brokers filed by Intervenor Genesis Insurance Brokers, Limited. (Attachments: #1 Declaration Dansie)(Umbert, Jose)
April 9, 2012 Filing 707 MINUTES OF Status Conference held before Judge Philip S. Gutierrez: The Court questions counsel regarding the status of their settlement, and directs them to contact Magistrate Judge Jay C. Gandhi for a settlement conference. The Court sets a Further Status Conference for May 14, 2012 at 2:30pm. Court Reporter: Theresa Lanza. (bm)
April 9, 2012 Filing 706 MEMORANDUM in Opposition to MOTION for Order for Granting Genesis Insurance Brokers, Limited's Motion for Order Directing Receiver teo Pay Fees and Costs Owed to Genesis Insurance Brokers #699 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Stephen W. Schwab in Support of Opposition)(Pujji, Ramnik)
April 9, 2012 Filing 705 RECEIVER'S THIRTEENTH STATUS REPORT and Declaration of Receiver Robert P. Mosier REPORT filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A - E to Status Report)(Pujji, Ramnik)
April 6, 2012 Opinion or Order Filing 704 ORDER RE: PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S Status Report Re: Settlement And Request For A Status Conference And A Continuance Of The Final Pretrial Conference And The Trial Date by Judge Philip S. Gutierrez, re Status Report #703 : IT IS HEREBY ORDERED AS FOLLOWS: This matter is set for status on April 9, 2012 at 2:30 PM. (bm)
April 6, 2012 Filing 703 STATUS REPORT and Request for Status Conference and Continuance of Final Pretrial Conference and Trial Date filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration, #2 Proposed Order)(Wynn, Paris)
April 5, 2012 Filing 702 APPLICATION for Attorney Fees and Costs for December 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert Moiser, #3 Proposed Order)(Briones, Joshua)
April 4, 2012 Opinion or Order Filing 701 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Opposition to Motion #697 , Declaration #698 , for the following reasons: Documents from Howard Coblenz should be submitted to the Receiver. These documents are consider improper filings by the Court. (bm)
April 4, 2012 Opinion or Order Filing 700 ORDER by Judge Philip S. Gutierrez: Receiver's Motion for Approval of Asset Purchase Agreement and Related Sale of Insurance Policies #669 is GRANTED. (See document for further specific details) (ir) Modified on 6/13/2012 (ir).
April 2, 2012 Filing 699 NOTICE OF MOTION AND MOTION for Order for Granting Genesis Insurance Brokers, Limited's Motion for Order Directing Receiver teo Pay Fees and Costs Owed to Genesis Insurance Brokers filed by Non-Investor Claimant Genesis Insurance Brokers, Limited. Motion set for hearing on 4/30/2012 at 02:00 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration Dansie, #2 Exhibit 1 to Dansie Declaration, #3 Exhibit 2 to Dansie Declaration, #4 Exhibit 3 to Dansie Declaration, #5 Exhibit 4 to Dansie Declaration, #6 Exhibit 5 to Dansie Declaration, #7 Exhibit 6 to Dansie Declaration, #8 Exhibit 7 to Dansie Declaration, #9 Exhibit 8 to Dansie Declaration, #10 Exhibit 9 to Dansie Declaration, #11 Exhibit 10 to Dansie Declaration, #12 Exhibit 11 Part 1 to Dansie Declaration, #13 Exhibit 11 Part 2 to Dansie Declaration, #14 Exhibit 11 Part 3 to Dansie Declaration, #15 Proposed Order)(Umbert, Jose)
March 30, 2012 Filing 698 DECLARATION of Howard T. Coblentz filed by Claimant Howard Coblentz. (bm) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 4/4/12, DOCUMENT #701 . Modified on 4/4/2012 (bm).
March 30, 2012 Filing 697 OPPOSITION TO ORDER ON NOTICE OF MOTION Setting Claim Resolution Hearing And Briefing Schedules For Disputed Non Investor Claims filed by Claimant Howard Coblentz. Re: AMENDED ORDER GRANTING RECEIVER'S SECOND MOTION FOR ORDER SETTING CLAIM RESOLUTION HEARINGS AND BRIEFING SCHEDULES FOR DISPUTE NON-INVESTOR CLAIMS #696 . DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 4/4/12, DOCUMENT #701 . (bm) Modified on 4/4/2012 (bm).
March 29, 2012 Notice of Electronic Filing re Order,,,,,,,, #696 e-mailed to billberry@quinnemanuel.com bounced due to 5.1.0 - Unknown address error 550-'No such user - psmtp'. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY
March 29, 2012 Opinion or Order Filing 696 AMENDED ORDER GRANTING RECEIVER'S SECOND MOTION FOR ORDER SETTING CLAIM RESOLUTION HEARINGS AND BRIEFING SCHEDULES FOR DISPUTE NON-INVESTOR CLAIMS by Judge Philip S. Gutierrez, re Stipulation for Order, #695 , IT IS HEREBY ORDERED as follows: 1. The Court hereby sets Claim Resolution Hearings and Briefing Schedules for the following disputed Non-Investor Claims: A. ERWIN & JOHNSON, LLP Claim (for an unknown amount): The Claim Resolution Hearing for Erwin & Johnson, LLP's ("E&J") disputed Claim shall be set for June 4, 2012 at 2:00 p.m. E&J's Opening Brief shall be due on April 23, 2012; the Receiver's Opposition Brief, if any, shall be due on May 7, 2012; and E&J's Reply Brief, ifany, shall be due on May 14, 2012. B. SANDRA CHANG Claim for $430,471.62: The Claim Resolution Hearing for Sandra Chang's disputed Claim shall be set for July 23, 2012 at 2:00 p.m. Ms. Chang's Opening Brief shall be due on June 4, 2012; the Receiver's Opposition Brief, if any, shall be due on June 25, 2012; and Ms. Chang's ReplyBrief, if any, shall be due on July 9, 2012. Ms. Chang may appear as a witness at the Claim Resolution Hearing of herClaim...... (PLEASE REVIEW DOCUMENT FOR FULL DETAILS) C. THOMAS SEAMAN Claims for $691,125.00, $1,924,011.80, and $833,749.96: The Claims Resolution Hearing for Thomas Seaman's disputed Claims shall be set for June 18, 2012 at 2:00 p.m. Mr. Seaman's Opening Brief(s) shall be due on April 30, 2012; the Receiver's Opposition Brief(s), if any, shall be due on May 21, 2012; and Mr. Seaman's Reply Brief(s), if any, shall be due on June 4, 2012. D. CARLOS IBARRA Claim for $4,440,000.00: The Claim Resolution Hearing for Carlos Ibarra's disputed Claim shall be set for June 18, 2012 at 2:00 p.m. Mr. Ibarra's Opening Brief shall be due on April 30, 2012; the Receiver's Opposition Brief, if any, shall be due on May 21, 2012; and Mr. Ibarra's Reply Brief, if any, shall be due on June 4, 2012. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
March 27, 2012 Filing 695 Joint STIPULATION for Order Granting Receivers Second Motion For Order Setting Claim Resolution Hearings And Briefing Schedules For Disputed Non-Investor Claims filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order (Amended))(Pujji, Ramnik)
March 21, 2012 Filing 692 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order #691 . Amended Order (#684-1) {684] should have been conformed instead of Order #691 . (lom)
March 20, 2012 Opinion or Order Filing 693 AMENDED ORDER GRANTING Receiver's First Motion for Order Setting Claim Resolution hearings and Briefing Schedules for Disputed Non-Investor Claims #666 by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED as follows: A. Genesis Insurance Brokers, Limited ("Genesis Brokers") Claims for $150,000 and $186,548 The Claims Resolution hearing for Genesis Brokers' two (2) dispute Claims shall be set for April 30, 2012 at 2:00 p.m.; B. Shamont Sapp's Claim for $15,000 Based on the Notice of Withdrawal submitted by Shamont Sapp, Mr. Sapp's disputed Claim is hereby resolved. (See attached document for details.) (lom)
March 20, 2012 Opinion or Order Filing 691 ORDER by Judge Philip S. Gutierrez: GRANTING #666 RECEIVERS FIRST MOTION FORORDER SETTING CLAIM RESOLUTION HEARINGS AND BRIEFING SCHEDULES FOR DISPUTED NON-INVESTOR CLAIMS. IT IS HEREBY ORDERED as follows: 1. The Court hereby sets Claim Resolution Hearings and Briefing Schedules for the following disputed Non-Investor Claims: A. Genesis Insurance Brokers, Limited (Genesis Brokers)Claims for $150,000 and $186,548. The Claims Resolution Hearing for Genesis Brokers two (2) disputed Claims shall be set for April 30, 2012 at 2:00 p.m.Genesis Brokers Opening Brief(s) shall be due on April 2, 2012; the Receivers Opposition Brief(s), if any, shall be due on April 9, 2012; and GenesisBrokers Reply Brief(s), if any, shall be due on April 16, 2012. B. Shamont Sapps Claim for $15,000. The Claims Resolution Hearing for Shamont Sapps disputed Claim shall be set for April 30, 2012, 2012 at 2:00 p.m. Mr. Sapps Opening Brief shall be due on April 2, 2012; the Receivers Opposition Brief, if any, shall be due on April 9, 2012; and Mr. Sapps Reply Brief, if any, shall be due on April 16, 2012. 2. As a reminder, all briefs submitted shall comply with the Courts Local Rules and Standing Orders, except with regards to the briefing schedule set forth above. (shb)
March 19, 2012 Filing 694 CLAIMANT SANDRA CHANG'S OPPOSITION to Receiver's Second Motion For Order Setting Claim Resolution Hearings And Request For Discovery #670 ; Proposed Order Regarding Discovery filed by Claimant Sandra Chang. Attachments: #1 Proposed Order) (bm).
March 16, 2012 Opinion or Order Filing 690 NOTICE OF DISCREPANCY AND ORDER by Judge Philip S. Gutierrez, ORDERING Opposition to Order on Notice of Motion Setting Claim Resolution Hearing and Briefing Schedules for Disputed Non Investor Claims submitted by Claimant Howard Coblentz received on 3/14/12012 is not to be filed but instead rejected. Denial based on: (1) No Proof of service attached to document(s). Parties in this action were not served with this opposition to Receiver's Motion (doc. 670) set for hearing on 04/09/12. (jp)
March 14, 2012 Opinion or Order Filing 689 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Plaintiff Howard Coblentz's Letter dated 3/8/2012 with several documents submitted by Claimant Howard Coblentz received on 3/12/12 is not to be filed but instead rejected. Denial based on: Other: L.R. 83-2.11 Communications with Judge. Attorneys or parties to any action or proceeding shall refrain from writing letters to the judge...All matters shall be called to a judge's attention by appropriate application or motion filed in compliance with these Local Rules. (bm)
March 13, 2012 Filing 688 OF SERVICE filed by Receiver Mosier & Company, Inc., re MOTION for Order for Re Constructive Trust #683 , Declaration (Motion related), Declaration (Motion related) #685 Craig M. Collins served on March 12, 2012. (Morgan, Nicolas)
March 13, 2012 Filing 687 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re MOTION for Order for Re Constructive Trust #683 , Declaration (Motion related), Declaration (Motion related) #685 Craig M. Collins served on March 13, 2012. (Morgan, Nicolas)
March 12, 2012 Filing 686 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re MOTION for Order for Re Constructive Trust #683 , Declaration (Motion related), Declaration (Motion related) #685 of Craig M. Collins served on March 12, 2012. (Morgan, Nicolas)
March 12, 2012 Filing 685 DECLARATION of Craig M. Collins In Support MOTION for Order for Re Constructive Trust #683 filed by Receiver Mosier & Company, 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)(Morgan, Nicolas)
March 12, 2012 Filing 684 REPLY In Support Of First MOTION for Order for Setting Claim Resolution Hearings and Briefing Schedules for Disputed Non-Investor Claims #666 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order (Amended))(Pujji, Ramnik)
March 12, 2012 Filing 683 NOTICE OF MOTION AND MOTION for Order for Re Constructive Trust filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 5/21/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Declaration Nicolas Morgan, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Order, #8 Addendum to Proposed Order)(Morgan, Nicolas)
March 5, 2012 Filing 682 APPLICATION for Attorney Fees for November 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
February 23, 2012 Opinion or Order Filing 681 ORDER RE: PARTIES' JOINT STIPULATION CONTINUING The Final Pre-Trial Conference And Trial Date by Judge Philip S. Gutierrez, re Stipulation #680 : The Court, having considered the Parties' Joint Stipulation Continuing the Final Pre-trial Conference and Trial Date, and good cause appearing therefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. The Final Pre-Trial Conference is continued from February 27, 2012 to April 9, 2012, and the trial date in this action is continued from March 13, 2012 to April 17, 2012. (bm)
February 23, 2012 Filing 680 Joint STIPULATION for Order to Continue the Final Pretrial Conference and Trial Date filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Wynn, Paris)
February 13, 2012 Filing 679 NOTICE of Change of Attorney Information for attorney Francis J Burke, Jr counsel for Receiver Mosier & Company, Inc.. Changing firm name to Seyfarth Shaw LLP, 2029 Century Park East, Suite 3500, Los Angeles, California 90067-3021. Changing e-mail and fax number to fburke@seyfarth.com, 310-201-5219. Filed by receiver Mosier & Company, Inc. (Burke, Francis)
February 2, 2012 Filing 678 SEALED DOCUMENT- CONFIDENTIAL DECLARATION of Robert P. Mosier in Support of Receiver's MOTION for Approval of Asset Purchase Agreement and Related Sale of Insurance Policies. (mat)
February 2, 2012 Filing 677 SEALED DOCUMENT- Order Granting Receiver's APPLICATION to File Under Seal Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Approval of Asset Purchase Agreement and Related Sale of Insurance Policies. (mat)
February 2, 2012 Filing 676 SEALED DOCUMENT- APPLICATION to File Under Seal Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Approval of Asset Purchase Agreement and Related Sale of Insurance Policies. (mat)
February 1, 2012 Opinion or Order Filing 675 ORDER: (1) Approving The Receiver's Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approving Receivers' Plan Of Distribution Of the Receivership Estate's Portion Of HSBC Settlement Proceeds; (3) Determining That Receiver's Settlement With HSBC Is In Good Faith by Judge Philip S. Gutierrez granting #654 Motion for Settlement. (bm)
February 1, 2012 Opinion or Order Filing 674 ORDER ON THE RECEIVER'S APPLICATION FORAPPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the Receiver) and his professionals for October 2011......granting #665 Application for Attorney Fees..(PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
February 1, 2012 Opinion or Order Filing 673 ORDER ON THE RECEIVER'S APPLICATION FORAPPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the Receiver) and his professionals for September 2011......granting #661 Application for Attorney Fees..(PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
January 31, 2012 Opinion or Order Filing 672 MINUTE ORDER IN CHAMBERS re Nunc Pro Tunc Order Amending the Court's November 30, 2011 Order on the Receiver's Application for Approval of Fees and Costs by Judge Philip S. Gutierrez: On November 30, 2011, the Court issued an Order on the Receiver's Application for Approval of Fees and Costs for the period of August 2011 and for periods not previously submitted. See Dkt. # 653, at 1. The Court modified the Receiver's Proposed Order, authorizing the Receiver to pay Mosier & Co. fees and expenses in the sum of $119,902.70, rather than the $117,902.70 originally requested. See id. On January 4, 2012, the Receiver sought clarification regarding this change. See Dkt. # 665, at 4. Upon further review, the Court's modification to the Proposed Order was in error. The Court therefore amends that portion of the November 30, 2011 Order as follows: Mosier & Co. 1. Fees and expenses for the Receiver for the period of August 2011 are allowed in the sum of $117,902.70. 2. The Receiver is authorized to pay himself $117,902.70 in fees and expenses. Finally, the Court notes that the figures identified in paragraph 10 of the Receiver's Declaration, representing the activities and expenses undertaken by Mosier & Company ($117,902.70), Kirk S. Rense ($874.50), Kolesar & Leatham ($90.00), Steptoe & Johnson LLP ($134,875.90), Deloitte Tax LLP ($15,073.00), and Baker & McKenzie (47,054.01) add up to $315,870.11, and not the $317,310.11 total figure requested in the Declaration. See Mosier Decl., 10, Dkt. 652-1. However, because the November 30, 2011 Order accurately recounts the itemized reimbursements set forth above, apart from the Mosier & Co. figure that is the subject of this nunc pro tunc Order, and not the erroneously calculated total expense figure, no further amendment is required. (bm)
January 31, 2012 Filing 671 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File Under Seal Confidential Declaration of Robert P. Mosier In Support of Motion for Approval of Asset Purchase Agreement and Related Sale of Insurance Policies; Proposed Order Granting Application; Confidential Declaration of Robert P. Mosier In Support of Motion for Approval. (Pujji, Ramnik)
January 31, 2012 Filing 670 NOTICE OF MOTION AND MOTION for Order for Setting Claim Resolution Hearings and Briefing Schedules for Disputed Non-Investor Claims filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 4/9/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Exhibit A-D, #3 Exhibit E, #4 Exhibit F-K, #5 Exhibit L-P, #6 Declaration of Nick S. Pujji In Support, #7 Proposed Order)(Pujji, Ramnik)
January 31, 2012 Filing 669 NOTICE OF MOTION AND MOTION for Order for Approval of Asset Purchase Agreement and Related Sale of Insurance Policies filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 4/9/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Robert P. Mosier In Support, #3 Declaration of Nick S. Pujji In Support, #4 Proposed Order)(Pujji, Ramnik)
January 12, 2012 Opinion or Order Filing 668 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Notice of Order Re Non-Investor Interim Distribution, Etc., Letter received on 1/11/12 is not to be filed but instead rejected. Denial based on: Local Rule 11-3.8: Lacking name, address, phone, facsimile numbers and email address; Local Rule 11-4.1: No copy provided for judge; FRCvP Rule 5(d): No proof of service attached to document(s). Other: Letters to the Court are not permitted pursuant to Local Rule 83-2.11; all documents must be filed in a pleading format in accordance with Local Rules; List of attorneys representing the Receiver is attached as informational. (bm)
January 4, 2012 Filing 667 DECLARATION OF HOWARD T. COBLENTZ in opposition to Receivers Robert P. Mosier's MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement #654 filed by Claimant Howard Coblentz. (bm)
January 4, 2012 Filing 666 NOTICE OF MOTION AND First MOTION for Order for Setting Claim Resolution Hearings and Briefing Schedules for Disputed Non-Investor Claims filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 3/26/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Nick S. Pujji in Support, #3 Proposed Order)(Pujji, Ramnik)
January 4, 2012 Filing 665 APPLICATION for Attorney Fees for October 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
January 3, 2012 Opinion or Order Filing 664 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: RECEIVER'S MOTION FOR ORDER SETTING CLAIM #662 , for the following reasons: Hearing information is incorrect. (bm)
January 3, 2012 Filing 663 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Order Setting Claim Resolution #662 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion hearing is noticed for a date and time 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
December 29, 2011 Filing 662 NOTICE OF MOTION AND MOTION for Order for Setting Claim Resolution Hearings and Briefing Schedules for Disputed Non-Investor Claims filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 3/12/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Nick S. Pujji In Support, #3 Proposed Order)(Pujji, Ramnik) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 1/3/12, DOCUMENT #664 .*** Modified on 1/4/2012 (bm).
December 13, 2011 Filing 661 APPLICATION for Attorney Fees for September 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Morgan, Nicolas)
December 9, 2011 Filing 660 STATUS REPORT (TWELFTH) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A - E to Twelfth Status Report)(Pujji, Ramnik)
December 7, 2011 Filing 659 NOTICE of Settlement filed by Receiver Robert Mosier / Mosier & Company, Inc.. (Pujji, Ramnik)
December 7, 2011 Filing 658 SUPPLEMENT to Proof of Service (subsequent documents), Proof of Service (subsequent documents), Proof of Service (subsequent documents) #657 filed by Receiver Mosier & Company, Inc.. (Burke, Francis)
December 5, 2011 Filing 657 OF SERVICE filed by Receiver Mosier & Company, Inc., re MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement #654 served on December 5, 2011. (Burke, Francis)
December 5, 2011 Filing 656 DECLARATION of Tamara McCrossen-Orr In Support of MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement #654 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A)(Burke, Francis)
December 5, 2011 Filing 655 DECLARATION of Robert P. Mosier In Support of MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement #654 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit 1)(Burke, Francis)
December 5, 2011 Filing 654 NOTICE OF MOTION AND MOTION for Settlement Approval of (1) Approval of Settlement With HSBC Bank USA, N.A. ("HSBC"); (2) Approval of Plan of Distribution of the Receivership Estate's Portion of HSBC Settlement Proceeds; (3) Determination That Its Settlement With HSBC Is In Good Faith filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 2/6/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Burke, Francis)
November 30, 2011 Opinion or Order Filing 653 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: Fees and expenses for the Receiver for the period of August 2011 are allowed in the sum of $119,902.70granting #652 Application for Attorney Fees in the amount of 119,902.70. (bp)
November 9, 2011 Filing 652 APPLICATION for Attorney Fees for August 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
October 24, 2011 Opinion or Order Filing 651 ORDER by Judge Philip S. Gutierrez: Application for Attorney Fees and Costs #650 . Mosier & Co. 1. Fees and expenses for the Receiver for the period of July 2011 are allowed in the sum of $104,662.22. 2. The Receiver is authorized to pay himself $104,662.22 in fees and expenses. Kolesar & Leatham 3. Fees and expenses for Kolesar & Leatham for the period of July 2011 are allowed in the sum of $45.00. 4. The Receiver is authorized to pay Kolesar & Leatham $45.00.Deloitte Tax LLP 5. Fees and expenses for Deloitte Tax LLP for the period not previously submitted are allowed in the sum of $10,081.00. 6. The Receiver is authorized to pay Deloitte Tax LLP $10,081.00. Ogier 7. Fees and expenses for Ogier for period not previously paid are allowed in the sum of $200.00. 8. The Receiver is authorized to pay Ogier $200.00. DLA Piper LLP (US) 9. Fees and costs for DLA Piper for the period of July 2011 are allowed in the sum of $160,424.55 and $5,522.13, respectively. 10. The Receiver is authorized to pay DLA Piper $165,946.68. Affeld Grivakes Zucker LLP 11. Fees and expenses for Affeld Grivakes Zucker LLP for the period of June 2011 are allowed in the sum of $1,386.00. 12. The Receiver is authorized to pay Affeld Grivakes Zucker LLP$1,386.00. (ir)
October 13, 2011 Filing 650 APPLICATION for Attorney Fees for July 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
October 13, 2011 Filing 649 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information #643 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Change of Attorney Information (G-06). 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 12, 2011 Filing 648 NOTICE OF ERRATA filed by Receiver Mosier & Company, Inc.. correcting Notice (Other) #643 (Morgan, Nicolas)
October 12, 2011 Filing 647 NOTICE of Change of Attorney Information for attorney Nicolas Morgan counsel for Receiver Mosier & Company, Inc.. Filed by Receiver Robert P. Mosier (Morgan, Nicolas)
October 12, 2011 Filing 646 NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for Receiver Mosier & Company, Inc.. Changing Address to 2000 Avenue of the Stars, Suite 400 North Tower, Los Angeles California, 90067-4704. Filed by Receiver Receiver Robert P. Mosier (Hunnius, Patrick)
October 11, 2011 Filing 645 NOTICE of Change of Attorney Information for attorney Joshua M Briones counsel for Receiver Mosier & Company, Inc.. Filed by Receiver Joshua Briones (Briones, Joshua)
October 11, 2011 Filing 644 NOTICE of Change of Attorney Information for attorney Edward D Totino counsel for Receiver Mosier & Company, Inc.. Changing address to 2000 Avenue of the Stars, Suite 400 North Tower, Los Angeles, California, 90067-4704. Filed by Receiver Robert P. Mosier (Totino, Edward)
October 11, 2011 Filing 643 NOTICE of Change of Attorney Information for attorney Nicolas Morgan counsel for Receiver Mosier & Company, Inc.. Filed by Receiver Robert P. Mosier, Mosier & Co. (Morgan, Nicolas) filed by Plaintiff Mosier & Company, Inc.. (Morgan, Nicolas)
October 11, 2011 Filing 642 NOTICE of Change of Attorney Information for attorney Ramnik Singh Pujji counsel for Receiver Mosier & Company, Inc.. Filed by Receiver Robert P. Mosier, Mosier & Co. (Pujji, Ramnik)
October 4, 2011 Filing 641 PROOF OF SERVICE filed by claimant Taichung Commercial Bank, re Joinder #639 , Joinder #640 , served on 10/3/11. (bm)
October 4, 2011 Filing 640 JOINDER OF TAICHUNG COMMERCIAL BANK IN BANK SINOPAC'S RESPONSE To Receiver's Motion For Order Approving Notification And Interim Distribution Procedure And Establishing Procedure For Resolving Non-Investor Claims filed by Claimant Taichung Commercial Bank joining in Response in Opposition to Motion #616 . (bm)
October 4, 2011 Filing 639 JOINDER OF TAICHUNG COMMERCIAL BANK IN BANK SINOPAC'S RESPONSE To Receiver's Motion For Order Interim Distribution To Investor Claimants filed by Claimant Taichung Commercial Bank joining in Response in Opposition to Motion #617 . (bm)
October 4, 2011 Opinion or Order Filing 638 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: granting #600 Receiver Robert P. Mosier's Application for Attorney Fees (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
October 3, 2011 Opinion or Order Filing 637 ORDER by Judge Philip S. Gutierrez: Granting Receiver's Motion for Order approving Notification and Interim Distribution Procedure and Establishing Procedure for resolving Non-Investor Claims against the Receivership Estate #613 . (See document for further specific details) (ir)
October 3, 2011 Opinion or Order Filing 636 BANK SINOPAC'S ORDER FOR ORDER APPROVING AN INTERIM DISTRIBUTION PROCEDURE FOR INVESTOR CLAIMANTS by Judge Philip S. Gutierrez granting #610 Motion. (bm)
September 30, 2011 Filing 635 PROOF OF SERVICE filed by Investor Claimant Entie Commercial Bank Ltd, re Joinder of Entie Commercial Bank in Bank Sinopac's Response of Receiver's Motion #634 , Joinder of Entie Commercial Bank in Bank Sinopac's Response of Receiver's Motion, #633 served on 9/30/2011. (lw)
September 30, 2011 Filing 634 JOINDER OF ENTIE COMMERCIAL BANK In Bank Sinopac's Response to Receiver's MOTION for Interim Distribution toInvestor Claimants #610 filed by Claimant Entie Commercial Bank Ltd. (lw)
September 30, 2011 Filing 633 JOINDER OF ENTIE COMMERCIAL BANK in Bank Sinopac's Response to Receiver's Motion for Order Approving Notification and Interim Distribution Procedure and Establishing Procedure for Resolving Non-Investor Claims #613 filed by Claimant Entie Commercial Bank Ltd. (lw)
September 29, 2011 Opinion or Order Filing 632 MINUTES (IN CHAMBERS) ORDER re RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER APPROVING AN INTERIM DISTRIBUTION PROCEDURE FOR INVESTOR CLAIMANTS FILED 08-17-11 (DOC. 610); RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER APPROVING NOTIFICATION AND INTERIM DISTRIBUTION PROCEDURE AND ESTABLISHING PROCEDURE FOR RESOLVING NON-INVESTOR CLAIMS AGAINST THE RECEIVERSHIP ESTATE FILED 08-29-11 (DOC. 613); INVESTOR CREDITOR STANDARD CHARTERED BANK (TAIWAN) LTD.'S JOINDER IN INVESTOR CREDITOR SINOPAC'S RESPONSE TO RECEIVER'S MOTION FILED 08-29-11 (DOC. 613): Counsel are advised that the above-referenced motions set for hearing on October 3, 2011 are taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. MANUALLY FILED 09-15-11 by Judge Philip S. Gutierrez: Counsel are advised that the above-referenced motions set for hearing on October 3, 2011 are taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. (bm)
September 26, 2011 Opinion or Order Filing 631 ORDER by Judge Philip S. Gutierrez: Receiver's Motion for Order approving Settlement with Daily & Knudson Law Group, LLC and Interim Distribution of Proceeds #606 is GRANTED. The settlement of the claims against Daily & Knudson Law Group, LLP (D&K), James D. Daily (Daily), and William H. Knudson (Knudson) (collectively, the D&K Parties) as described in the Settlement Agreement and Release submitted to the Court with the Motion is fair, reasonable and equitable and the Court hereby approves the settlement. 3. The interim distribution of the proceeds of the settlement as described in the Interim Distribution Agreement submitted to the Court with the Motion isfair, reasonable and equitable and the Court hereby approves the interimdistribution. The Receiver is hereby ordered to make the following distributionsfrom the cash payment made by the D&K Parties pursuant to the settlement:a. $238,603.39 to Hua Nan Commercial Bank; b. $65,852.24 to Hua Nan Investment Trust Corporation; c. $59,101.76 to Cosmos Bank; d. $59,893.86 to EnTie Commercial Bank; e. $152,667.00 to Bank SinoPac; f. $76,990.13 to Taichung Commercial Bank; g. $318,717.36 to Standard Chartered Bank; and h. $5,828.58 to Core Tech Resources, Inc. These distributions shall be indefeasible and free and clear of all receivership rights, claims, liens or encumbrances. The Receiver shall retain the remainder of the cash payment made by the D&K Parties pursuant to the settlement ($22,345.68) for credit to the investors in Genesis Voyager Equity Corporation Preferred Shares Series B-1 or their obligations to the Receiver. (ir)
September 22, 2011 Filing 630 JOINDER filed by Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp. joining in Response in Opposition to Motion #617 . (Pilmer, Robert)
September 22, 2011 Opinion or Order Filing 629 MINUTES: (In Chambers): RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDERAPPROVING SETTLEMENT WITH DAILY & KNUDSON LAW GROUP, LLP AND INTERIM DISTRIBUTION OF SETTLEMENT PROCEEDS FILED 08-15-11 #606 : Counsel are advised that the above-referenced motion set for hearing on September 26, 2011 is taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings by Judge Philip S. Gutierrez. (ir)
September 22, 2011 Filing 628 JOINDER filed by Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp. joining in Response in Opposition to Motion #616 . (Pilmer, Robert)
September 22, 2011 Opinion or Order Filing 627 ORDER by Judge Philip S. Gutierrez: Application for approval of Fees and Costs of Receiver Robert P Mosier #604 . Mosier & Co. 1. Fees and expenses for the Receiver for the period of May 2011 are allowed in the sum of $106,972.57.2. The Receiver is authorized to pay himself $106,972.57 in fees andexpenses. Affeld Grivakes Zucker LLP 3. Fees and expenses for Affeld Grivakes Zucker LLP for the period of May 2011 are allowed in the sum of $4,950.00.4. The Receiver is authorized to pay Affeld Grivakes Zucker LLP $4,950.00.DLA Piper LLP (US) 5. Fees and costs for DLA Piper for the period May 2011 are allowed in the sum of $195,192.00 and $4,443.40, respectively. 6. The Receiver is authorized to pay DLA Piper $199,635.40. (ir)
September 22, 2011 Opinion or Order Filing 626 ORDER by Judge Philip S. Gutierrez: Receiver's Application for Approval of Fees and Costs #615 . Mosier & Co.: Fees and expenses for the Receiver for the period of June 2011 are allowed in the sum of $106,729.77. The Receiver is authorized to pay himself $106,729.77 in fees and expenses. Kirk S. Rense: Fees and expenses for Kirk S. Rense for the June 2011 are allowed inthe sum of $106.00. The Receiver is authorized to pay Kirk S. Rense $106.00. Grant Thornton: Fees and expenses for Grant Thornton for the period not previously submitted are allowed in the sum of $385.00. The Receiver is authorized to pay Grant Thornton $385.00. Crowe Horwath: Fees and expenses for Crowe Horwath for the periods not previously submitted are allowed in the sum of $77,990.00. The Receiver is authorized to pay Crowe Horwath $77,990.00.DLA Piper LLP (US): Fees and costs for DLA Piper for the period June 2011 are allowed in the sum of $137,821.05 and $4,105.50, respectively. The Receiver is authorized to pay DLA Piper $141,926.55. (See document for further details) (ir)
September 19, 2011 Filing 625 REPLY In Support Of MOTION for Order for Approving Notification and Interim Distribution Procedure and Establishing Procedure for Resolving Non-Investor Claims Against the Receivership Estate #613 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Supplement -- Proof of Service)(Pujji, Ramnik)
September 19, 2011 Filing 624 REPLY In Support Of MOTION for Order for Approving An Interim Distribution Procedure for Investor Claimants #610 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Supplement -- Proof of Service)(Pujji, Ramnik)
September 15, 2011 Filing 623 INVESTOR CREDITOR STANDARD CHARTERED BANK (TAIWAN) LTD'S JOINDER IN INVESTOR CREDITOR BANK SINOPAC'S RESPONSE To Receiver's MOTION for Order for Approving Notification and Interim Distribution Procedure and Establishing Procedure for Resolving Non-Investor Claims, #613 filed by Creditor Standard Chartered Bank (Taiwan) Ltd. (lw)
September 15, 2011 Filing 622 STANDARD CHARTERED BANK (TAIWAIN) LTD'S JOINDER IN RESPONSE of Sinopac to Receiver's MOTION for Interim Distribution To Investor Claimants, #610 filed by Creditor Standard Chartered Bank (Taiwan) Ltd. (lw)
September 15, 2011 Filing 621 JOINDER IN BANK SINOPAC'S RESPONSE To Receiver's MOTION for Order for Approving Notification and Interim Distribution Procedure and Establishing Procedure for Resolving Non-Investor Claims, #613 filed by Creditor Cosmos Bank, Taiwan. (lw)
September 15, 2011 Filing 620 JOINDER IN BANK SINOPAC'S RESPONSE to Receiver's MOTION for Interim Distribution To Investor Claimants #610 , filed by Creditor Cosmos Bank, Taiwan. (lw)
September 12, 2011 Filing 619 PROOF OF SERVICE filed by claimant Bank Sinopac, re Response in Opposition to Motion #616 , Response in Opposition to Motion #617 , Declaration #618 , served on 9/12/11. (bm)
September 12, 2011 Filing 618 DECLARATION OF MARK R. MCDONALD IN SUPPPORT OF Bank Sinopac's Response To Receiver's Motion For Interim Distribution To Investor Claimants #617 filed by Claimant Bank Sinopac. (bm)
September 12, 2011 Filing 617 RESPONSE OF BANK SINOPAC TO RECEIVER'S MOTION For Interim Distribution To Investor Claimants #610 filed by Claimant Bank Sinopac. (bm)
September 12, 2011 Filing 616 INVESTOR CREDITOR BANK SINOPAC'S RESPONSE To Receiver's Motion for Order Approving Notification and Interim Distribution Procedure and Establishing Procedure for Resolving Non-Investor Claims #613 filed by Claimant Bank Sinopac. (bm)
September 2, 2011 Filing 615 APPLICATION for Attorney Fees for June 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
August 30, 2011 Filing 614 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Order Approving Notification #613 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion is noticed for court hearing on 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
August 29, 2011 Filing 613 NOTICE OF MOTION AND MOTION for Order for Approving Notification and Interim Distribution Procedure and Establishing Procedure for Resolving Non-Investor Claims Against the Receivership Estate filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 10/3/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Nick S. Pujji In Support, #3 Declaration of Robert P. Mosier In Support, #4 Proposed Order, #5 Supplement --Proof of Service)(Pujji, Ramnik)
August 29, 2011 Filing 612 Notice of Withdrawal of Motion for Order,, #605 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Supplement --Proof of Service)(Pujji, Ramnik)
August 18, 2011 Filing 611 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re MOTION for Order for Approving An Interim Distribution Procedure for Investor Claimants #610 served on August 18, 2011. (Pujji, Ramnik)
August 18, 2011 Filing 610 NOTICE OF MOTION AND MOTION for Order for Approving An Interim Distribution Procedure for Investor Claimants filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 10/3/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Robert P. Mosier, #3 Declaration of Nick S. Pujji, #4 Proposed Order)(Pujji, Ramnik)
August 17, 2011 Filing 609 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re Status Report #608 served on August 18, 2011. (Pujji, Ramnik)
August 17, 2011 Filing 608 STATUS REPORT (Eleventh) and Declaration of Robert P. Mosier filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A through E to Status Report)(Pujji, Ramnik)
August 15, 2011 Filing 607 PROOF OF SERVICE filed by Receiver Mosier & Company, Inc., re MOTION for Order for Approving Settlement with Daily & Knudson Law Group, LLP and Interim Distribution of Settlement Proceeds #606 served on August 15, 2011. (Totino, Edward)
August 15, 2011 Filing 606 NOTICE OF MOTION AND MOTION for Order for Approving Settlement with Daily & Knudson Law Group, LLP and Interim Distribution of Settlement Proceeds filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/26/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Edward D. Totino, #3 Declaration of Robert P. Mosier, #4 Declaration of James A. Brachulis, #5 Proposed Order)(Totino, Edward)
August 4, 2011 Filing 605 NOTICE OF MOTION AND MOTION for Order for Approving Notification and Interim Distribution Procedure and Establishing Procedure For Resolving Non-Investor Claims Against The Receivership Estate filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/19/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support, #2 Declaration of Nick S. Pujji In Support, #3 Declaration of Robert P. Mosier In Support, #4 Proposed Order Granting Receiver's Motion)(Pujji, Ramnik)
August 2, 2011 Filing 604 APPLICATION for Attorney Fees for May 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert P. Mosier, #2 Declaration Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
July 12, 2011 Opinion or Order Filing 603 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Moisier & Co. 1. Fees and Expenses for the Receiver for the period of March 2011 are allowed in the sum of $119,578.86. 2. The Receiver is authorized to pay himself $119,578,86 fees and expenses. Baker & McKenzie: 3. Fees and expenses for Baker & McKenzie for the March 2011 and months not previously invoiced are allowed in the sum of $48,377.50. 4. The Receiver is authorized to pay Baker & McKenzie $48,377.50. Deloitte Tax LLP: 5. Fees and expenses for Deloitte Tax LLP for the period of March 2011 are allowed in the sum of $67,206.006. The Receiver is authorized to pay Deloitte Tax LLP $67,206.00. DLA Piper LLP (US): 7. Fees and costs for DLA Piper for the period March 2011 and matters not previously invoiced are allowed in the sum of $256,346.10 and $6,959.633, respectively. 8. The Receiver is authorized to pay DLA Piper $263,305.73. Kolesar & Leatham: 9. Fees and expenses for Kolesar & Leatham for the period of March 2011 are allowed in the sum of $90.00. 10. The Receiver is authorized to pay Kolesar & Leathem $90.00....granting #598 Application for Attorney Fees (lw)
July 12, 2011 Opinion or Order Filing 602 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: granting #590 The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore,Mosier & Co. 1. Fees and expenses for the Receiver for the period of February 2011 are allowed in the sum of $89,362.82. 2. The Receiver is authorized to pay himself $89,362.82 in fees and expenses. Kirk S. Rense 3. Fees and expenses for Kirk S. Rense for the period of February 2011 are allowed in the sum of $79.50. 4. The Receiver is authorized to pay Kirk S. Rense $79.50. Kolesar & Leatham, Chtd. 5. Fees and expenses for Kolesar & Leatham, Chtd. for the entries not previously invoiced are allowed in the sum of $120.00. 6. The Receiver is authorized to pay Ogier $120.00. Deloitte Tax LLP 7. Fees and expenses for Deloitte Tax LLP for the period of February 2011 are allowed in the sum of $14,399.00. 8. The Receiver is authorized to pay Deloitte Tax LLP $14,399.00. Crowe Horwath 7. Fees and expenses for Crowe Horwath for the period of not previously invoiced are allowed in the sum of $45,000.00.8. The Receiver is authorized to pay Crowe Horwath $45,000.00. DLA Piper LLP (US) 9. Fees and costs for DLA Piper for the period February 2011 andmatters not previously invoiced are allowed in the sum of $228,079.65 and $32,099.90, respectively. 10. The Receiver is authorized to pay DLA Piper $260,179.55. (lw)
July 12, 2011 Opinion or Order Filing 601 ORDER ON RECEIVER'S MOTION FOR CONFIRMATION OF AUTHORITY TO COMPLETE SALES OF DOMINICAL PROPERTY #592 by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED Receiver's Motion is GRANTED. The Court grants the Receiver authority to sell the Dominical Property by public auction or private sale in accordance with the terms and procedure set forth in the Memorandum of Points and Authorities and the Receiver's Confidential Declaration in support of the Motion, both of which have been submitted under seal. If such sales by auction or private sale satisfy the terms and procedure set forth in the Motion, the sale shall be and hereby is automatically confirmed, and no further order of the Court is required with respect to such sale. Proceeds from the sales of the Dominical Property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the property. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of these property sales, or the title or right to possession of the buyer in connection with these sales. In the alternative, if the Receiver is unable to sell some or all of the parcels of the Dominical Property, the Receiver is hereby authorized, based on his own discretion, to abandon all or some parcels of the Dominical Property. re: Receiver Robert P. Mosier Motion for Confirmation #592 . July 18 Hearing date off calendar. (lw)
July 1, 2011 Filing 600 APPLICATION for Attorney Fees filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Receiver Robert P. Mosier in Support of Application for Payment of Fees and Costs, #2 Declaration of Nicolas Morgan in Support of the Receiver's Application for Approval of Fees and Costs, #3 Proposed Order on the Receiver's Application for Approval of Fees and Costs)(Briones, Joshua)
June 29, 2011 Filing 599 REPLY In Support Of MOTION for Order for Confirmation of Authority to Complete Sales of Dominical Property #592 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
June 27, 2011 Filing 598 APPLICATION for Attorney Fees and Costs for March 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert Moiser, #3 Proposed Order)(Briones, Joshua)
June 17, 2011 Filing 597 SEALED DOCUMENT- Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Confirmation of Authority to Complete Sales of Dominical Property.(mat)
June 17, 2011 Filing 596 SEALED DOCUMENT- Memorandum of Points and Authorities in Support of Receiver's Motion for Confirmation of Authority to Complete Sales of Dominical Property.(mat)
June 17, 2011 Filing 595 SEALED DOCUMENT- Order Granting Receiver's Application to File Under Seal Memorandum of Points and Authorities in Support of Motion for Confirmation of Authority to Complete sales of Dominical Property and Receiver's Confidential Declaration in Support Thereof. (mat)
June 17, 2011 Filing 594 SEALED DOCUMENT- Application to File Under Seal Memorandum of Points and Authorities in Support of Motion for Confirmation of Authority to Complete sales of Dominical Property and Receiver's Confidential Declaration in Support Thereof. (mat)
June 14, 2011 Filing 593 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File Under Seal Memorandum of Points and Authorities in Support of Motion for Confirmation of Authority to Complete Sales of Dominical Property and Receiver's Confidential Declaration in Support Thereof. (Pujji, Ramnik)
June 14, 2011 Filing 592 NOTICE OF MOTION AND MOTION for Order for Confirmation of Authority to Complete Sales of Dominical Property filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 7/18/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Nick S. Pujji In Support, #2 Proposed Order)(Pujji, Ramnik)
June 10, 2011 Opinion or Order Filing 591 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #586 Application for Attorney Fees: The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: 1. Fees and expenses for the Receiver for the period of January 2011 are allowed in the sum of $98,144.45. 2. The Receiver is authorized to pay himself $98,144.45 in fees and expenses. Kirk S. Rense: 3. Fees and expenses for Kirk S. Rense for the period of January 2011 are allowed in the sum of $530.00. 4. The Receiver is authorized to pay Kirk S. Rense $530.00. Ogier: 5. Fees and expenses for Ogier for the entries not previously invoiced are allowed in the sum of $200.00. 6. The Receiver is authorized to pay Ogier $200.00. Deloitte Tax LLP: 7. Fees and expenses for Deloitte Tax LLP for the period of January 2011 are allowed in the sum of $5,487.00. 8. The Receiver is authorized to pay Deloitte Tax LLP $5,487.00. DLA Piper LLP (US): 9. Fees and costs for DLA Piper for the period January 2011 and matters not previously invoiced are allowed in the sum of $165,633.00 and $11,619.00, respectively. 10. The Receiver is authorized to pay DLA Piper $177,252.00. (bm)
June 7, 2011 Filing 590 APPLICATION for Attorney Fees and Costs for February 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
May 25, 2011 Filing 589 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/18/2010 2:00pm (Baird, Miriam)
May 25, 2011 Filing 588 TRANSCRIPT for proceedings held on 10/18/2010 2:00 pm. Court Reporter/Electronic Court Recorder: Miriam Veliz-Baird, phone number mvb11893@aol.com. 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 6/15/2011. Redacted Transcript Deadline set for 6/25/2011. Release of Transcript Restriction set for 8/23/2011. (Baird, Miriam)
May 16, 2011 Filing 587 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Attorney Fees and Costs for January 2011 #586 . The following error was found: Pursuant to Local Rule 58-10: At least 2 lines of text of any order or judgment shall appear on the page that has the line provided for the signature of the 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 13, 2011 Filing 586 APPLICATION for Attorney Fees and Costs for January 2011 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
May 10, 2011 Opinion or Order Filing 585 ORDER by Judge Philip S. Gutierrez: Receiver's Motion for Order Pre-Approving Sale of the Dominical Property by Auction #577 GRANTED. The Court grants the Receiver the authority to sell the Dominical Property referenced in Paragraphs 4, 5 and 6 of the Receivers Confidential Declaration submitted concurrently with the Motion by public auction in accordance with the procedures set forth in the Courts November 20, 2009 Order (Dkt. # 315). This auction shall be open to members of the public who can demonstrate to the satisfaction of the Receiver that they are credit-worthy buyers, and shall be conducted as set forth in the Receivers Confidential Declaration. If such sale by auction achieves a price that meets or exceeds the minimum sales price set forth in the Receivers Confidential Declaration filed with the moving papers, the sale shall be and hereby is automatically confirmed, and no further order of theCourt is required with respect to such sale. Proceeds from the sales of this property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the property. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of these property sales, or the title or right to possession of the buyer in connection with this sale. (ir)
May 2, 2011 Filing 584 REPLY In Support Of MOTION for Order for Pre-Approving Sale of the Dominical Property by Auction #577 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
April 12, 2011 Filing 582 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: [Proposed] Order #581 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Notices-Notice of Lodging. Other error(s) with document(s): A proposed order should be submitted as a separate, additional attachment to a 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 11, 2011 Filing 583 SEALED DOCUMENT- Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Order Pre-Approving Sale of the Dominical Property by Auction.(mat)
April 8, 2011 Filing 581 PROPOSED ORDER ON RECEIVER'S MOTION FOR ORDER PRE-APPROVING SALE OF THE DOMINICAL PROPERTY BY AUCTION re MOTION for Order for Pre-Approving Sale of the Dominical Property by Auction #577 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
April 8, 2011 Filing 580 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Confidential Declaration of Robert P. Mosier In Support Of Motion for Order Pre-Approving Sale of the Dominical Property By Auction. (Pujji, Ramnik)
April 8, 2011 Filing 579 DECLARATION of Nick S. Pujji In Support Of MOTION for Order for Pre-Approving Sale of the Dominical Property by Auction #577 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
April 8, 2011 Filing 578 MEMORANDUM in Support of MOTION for Order for Pre-Approving Sale of the Dominical Property by Auction #577 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A)(Pujji, Ramnik)
April 8, 2011 Filing 577 NOTICE OF MOTION AND MOTION for Order for Pre-Approving Sale of the Dominical Property by Auction filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 5/16/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Pujji, Ramnik)
March 25, 2011 Opinion or Order Filing 576 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #574 Application for Attorney Fees: The Court having considered the Application of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: Fees and expenses for the Receiver for the period of December 2010 are allowed in the sum of $88,509.48. Kirk S. Rense: Fees and expenses for Kirk S. Rense for the period of December 2010 are allowed in the sum of $1,802.00. Baker & McKenzie: Fees and expenses for Baker & McKenzie for the period of December 2010 are allowed in the sum of $12,165.26. Deloitte Tax LLP: Fees and expenses for Deloitte Tax LLP for the period not previously billed are allowed in the sum of $64,240.00. DLA Piper LLP (US): Fees and costs for DLA Piper for the period December 2010 and matters not previously invoiced are allowed in the sum of $147,586.95 and $10,350.29, respectively. The Receiver is authorized to pay DLA Piper $157,937.24. Kolesar & Leatham: Fees and expenses for Kolesar & Leatham for the period of December 2010 are allowed in the sum of $657.50. (bm)
March 24, 2011 Opinion or Order Filing 575 ORDER by Judge Philip S. Gutierrez: Having considered the Application for Attorneys fees #570 . Mosier & Co: Fees and expenses for the Receiver for the period of November 2010 are allowed in the sum of $101,603.22. The Receiver is authorized to pay himself $101,603.22 in fees and expenses.; Kirk S Rense: Fees and expenses for Kirk S Rense for the period of November 2010 are allowed in the sum of $2,968.00. Receiver is authorized to pay Kirk S Rense $2,968.00.; Baker & McKenzie: Fees and expenses for Baker & McKenzie for the period of November 2010 are allowed in the sum of $4,587.37. Receiver is authorized to pay Baker & McKenzie $4,587.37.; DLA Piper (US): Fees and costs of DLA Piper for the period of November 2010 and matters not previously invoiced are allowed in the sum of $231,657.90 and $9,355.46, respectively. Receiver is authorized to pay DLA Piper $241,013.36. (ir) Modified on 3/25/2011 (ir).
March 24, 2011 Filing 574 APPLICATION for Attorney Fees and Costs for December 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan, #2 Declaration or Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
March 21, 2011 Filing 573 STATUS REPORT , TENTH; and Declaration of the Receiver, Robert P. Mosier filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A-E to Receiver's Tenth Status Report)(Pujji, Ramnik)
February 11, 2011 Opinion or Order Filing 572 ORDER RE: SETTLEMENT PROCEDURE SELECTION: REQUEST AND NOTICE by Judge Philip S. Gutierrez: Approved the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2). For Settlement Procedure No. 2, counsel are responsible for contacting the settlement officer at the appropriate time to arrange for further proceedings. Upon obtaining the settlement officer's consent to serve, counsel shall file Form ADR-02 (Stipulation Regarding Selection of Attorney Settlement Officer) with the court. (lw)
February 9, 2011 Filing 571 NOTICE AND REQUEST of Settlement Procedure Selection (Sp2) filed; parties request to appear before an attorney selected by the Attorney Settlement Officer Panel or appointed by the Judge for Settlement Proceedings. Filed by Plaintiff Securities and Exchange Commission (Attachments: #1 Proposed Order)(Van Havermaat, David)
February 4, 2011 Filing 570 APPLICATION for Attorney Fees and costs for November 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Proposed Order)(Briones, Joshua)
January 26, 2011 Opinion or Order Filing 569 ORDER by Judge Philip S. Gutierrez, re Having considered the Application for approval of Fees and costs of Receiver Robert P Mosier and his professionals #560 . MOSIER & CO: Fees and expenses for the Receiver for the period of October 2010 are allowed in the sum of $98,156.90. The Receiver is authorized to pay himself $98,156.90 in fees and expense. KIRK S. RENSE: Fees and expesnse for Kirk S. Rense for the period of October 2010 are allowed in the sum of $1,961.00. The Receiver is authorized to pay Kirk S. Rense $1,961.00. STEPTOE & JOHNSON LLP: Fee and expenses for Steptoe & Johnson LLP for the period of October 2010 are allowed in the sum of $135,667.14. The Receiver is authorized to pay Steptoe & Johnson LL $135,67.14. BAKER & MCKENZIE: Fees and expenses for Baker & McKenzie for the period of October 2010 are allowed in the sum of $8,749.78. The Receiver is authorized to pay Baker & McKenzie $8,749.78. OGIER: Fees and expenses for Ogier for the period of October 2010 are allowed in the sum of $3,808.00. Receiver is authorized to pay Ogier $3,808.00. ALLIANCE INTERNATIONAL LAW OFFICES: Fees and expenses for Alliance International Law Offices for the period of October 2010 are allowed in the sum of $336.00. The Receiver is authorized to pay Alliance International Law Offices $336.00. GRANT THORTON: Fees and expenses for Grant Thorton for the period of August and September 2010 are allowed in the sum of $4,090.00.The Receiver is authorized to pay Grant Thorton $4,090.00. DLA PIPER LLP (US): Fees and costs for DLAPiper for the period October 2010 and matters not previously invoiced are allowed in the sum of $162,874.34 and $8,956.59, respectively. The Receiver is authorized to pay DLA Piper $171,830.93. YUKSELKARKINKUCUK: Fees and expenses for YiikselKarkinKiiciik for the period not previously paid are allowed in the sum of $2,821.38. The Receiver is authorized to pay YUkselKarkinKiiciik $2,821.38. Please provide invoices and reasons for the legal fees.&attachments&(ir)
January 26, 2011 Opinion or Order Filing 568 ORDER FOR COURT TRIAL by Judge Philip S. Gutierrez. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: (see document for further details). (bm)
January 26, 2011 Opinion or Order Filing 567 MINUTE ORDER IN CHAMBERS VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: PLEASE TAKE NOTICE that the Scheduling Conference set for hearing on January 31, 2011, at 2:00 p.m. is hereby vacated and taken off calendar. On the Court's own motion, the following dates are hereby set. Counsel are directed to review the Court's trial order for further details. Last Day to Add Parties & Amend Pleadings(Doe defendants are dismissed as of cut-off to add parties): 03-01-11; Discovery Cut-Off: 12-06-11; Last Day to File Motion: 12-20-11; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)] 12-13-11; Rebuttal Expert Witness Disclosure: 01-10-12; Expert Discovery Cut-Off: 01-31-12; Final Pretrial Conference (2:30 p.m.): 02-27-12; Court Trial (9:00 a.m.): 03-13-12; Estimated Length: 8 Days. Counsel are reminded of their Local Rule 16-15.2 requirements, and their responsibility to file the Settlement Procedure Selection Request and Proposed Order (ADR-01) within 14 days from the date of this Order. (bm)
January 25, 2011 Opinion or Order Filing 566 ORDER ON RECEIVER'S MOTION FOR ORDER APPROVING CROSS-BORDER MEMORANDA OF UNDERSTANDING by Judge Philip S. Gutierrez granting #556 Motion: IT IS HEREBY ORDERED as follows: 1. The Memorandum of Understanding between the Receiver, on behalf of PEMGroup affiliate Genesis Voyager Equity II Corporation ("GVEC II") and Casey McDonald and Simon Whicker of KPMG (BVI), as Joint Liquidators of GVEC II is hereby confirmed and approved. 2. The Memorandum of Understanding between the Receiver, on behalf of PEMGroup affiliate GVEC Acquisitions Inc. ("GVEC"), and Casey McDonald and Simon Whicker of KPMG (BVI), as Joint Liquidators of GVEC, is hereby confirmed and approved. (bm)
January 24, 2011 Filing 565 JOINT REPORT of Fed. R. Civ. P. 26(f) Conference filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
January 18, 2011 Filing 564 NOTICE OF FILING OF CLAIM filed by Claimant Nasar Aboubakare. (lom) (ir).
January 11, 2011 Opinion or Order Filing 563 ORDER by Judge Philip S. Gutierrez GRANTING Stipulation regarding Proof of Claim form for Cosmos Bank, Hua Nan Commerical Bank, Hua Nan Investment Trust, Taichang BAnk and Entie Bank seeking recovery from Private Equity Management Group, LLC, Private Equity Management Group Inc, Subsidiaries and Affiliates #562 . (ir)
January 11, 2011 Filing 562 STIPULATION for Order Granting Stipulation Regarding Proof of Claim Form for Cosmos Bank, Hua Nan Commercial Bank, Hua Nan Investment Trust, Taichang Bank and Entie Bank Seeking Recovery from Private Equity Management Group, LLC, Subsidiaries and Affiliates Thereof filed by Attorneys for Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Hunnius, Patrick)
December 28, 2010 Filing 561 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Receiver's Notice of Application #560 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Applications-Attorney Fees. Other error(s) with document(s): Document should be filed as an application, not as a notice. 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)
December 22, 2010 Filing 560 NOTICE RECEIVER'S NOTICE OF APPLICATION AND APPLICATION FOR APPROVAL OF FEES AND COSTS filed by Defendants Mosier & Company, Inc.. (Attachments: #1 Proposed Order, #2 Declaration, #3 Exhibit, #4 Declaration, #5 Exhibit)(Pujji, Ramnik)
December 15, 2010 Opinion or Order Filing 559 ORDER by Judge Philip S. Gutierrez: GRANTING Receiver's Motion for order approving Interim Distribution of Certain Receivership Assets or in the alternative to hold or sell such assets #549 . (ir)
December 15, 2010 Opinion or Order Filing 558 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #541 Application:The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore: Mosier & Co.: Fees and expenses for the Receiver for the period August 2010 are allowed in the sum of $126,998.80. Kirk S. Rense: Fees and expenses for the period August 2010 are allowed in the sum of $318.00. Steptoe & Johnson LLP: Fees and expenses for the period August 2010 are allowed in the sum of $233,726.64. Baker & McKenzie: Fess and expenses for Baker & Mackenzie for the period not previously billed are allowed in the sum of $44,157.77. DLA Piper LLP (US): Fees and costs for DLA Piper for the period August 2010 are allowed in the sum of $263,615.94 and $3,020.13, respectively. The receiver is authorized to pay DLA Piper $266,636.07. (see document for further details) (bm)
December 15, 2010 Opinion or Order Filing 557 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrezgranting #554 Application: The Court having consiered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore: Mosier & Co.: Fees and expenses for the Receiver for the period September 2010 are allowed in the sum of $85,959.03. Kirk S. Rense: Fees and expenses for the period September 2010 are allowed in the sum of $3,577.50. Steptoe & Johnson: Fees and expenses for the period of August 2010 are allowed in the sum of $126,451.36. Baker & McKenzie: Fees and expenses for the period not previously billed are allowed in the sum of $13,655.12. DLA Piper LLP (US): Fees and costs for the period of September 2010 and matters not previously invoiced are allowed in the sum of $213,993.60 and $12,928.38, respectively. YukselKarkinKucuk: Fees and expenses for the period September 2010 are allowed in the sum of $2,821.38. The receiver is not authorized to pay YukselKarkinKucuk $2,821.38. Please provide a brief explanation with a proposed order. (see document for further details) (bm)
December 13, 2010 Filing 556 NOTICE OF MOTION AND MOTION for Order for APPROVING CROSS-BORDER MEMORANDA OF UNDERSTANDING filed by attorney for Receiver Mosier & Company, Inc.. Motion set for hearing on 1/31/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order)(Pujji, Ramnik)
December 6, 2010 Filing 555 REPLY in support of MOTION for Order for Approving Interim Distribution of Certain Receivership Assets or in the Alternative to Hold or Sell Such Assets #549 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
December 3, 2010 Filing 554 APPLICATION for Attorney Fees and Costs for September of 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier with Exhibit A, #2 Exhibit Exhibits B - D to Mosier Dec, #3 Declaration of Nicolas Morgan with Part 1 of Exhibit A, #4 Exhibit Part 2 of Exhibit A and Exhibit B to Morgan Dec, #5 Proposed Order)(Briones, Joshua)
November 22, 2010 Filing 553 SEALED DOCUMENT- Order Granting Receiver's Application to File Under Seal Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Order Approving Interim Distribution of Certain Receivership Assets or in the Alternative to Hold or Sell such assets. (mat)
November 22, 2010 Filing 552 SEALED DOCUMENT- Application to File Under Seal Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Order Approving Interim Distribution of Certain Receivership Assets or in the Alternative to Hold or Sell Such Assets. (mat)
November 19, 2010 Opinion or Order Filing 551 SEALED DOCUMENT-ORDER GRANTING Receiver's Application to file Under Seal Addendum to Receiver's Ninth Status Report and Declaration of Robert P. Mosier by Judge Philip S. Gutierrez (yl)
November 19, 2010 Filing 550 SEALED DOCUMENT-APPLICATION to Seal Addendum to Receiver's Ninth Status Report and Declaration of Robert P. Mosier (yl)
November 18, 2010 Filing 549 NOTICE OF MOTION AND MOTION for Order for Approving Interim Distribution of Certain Receivership Assets or in the Alternative to Hold or Sell Such Assets filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 12/20/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support of Receiver's Motion for Order Approving Interim Distribution of Certain Receivership Assets, #2 Declaration of Nick Pujji in Support of Receiver's Motion for Order Approving Interim Distribution, #3 [Proposed] Order)(Pujji, Ramnik)
November 18, 2010 Filing 548 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File Under Seal Addendum to Receiver's Ninth Sttus Report and Declaration of Robert P. Mosier and [Proposed] Order. (Pujji, Ramnik)
November 18, 2010 Filing 547 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of (1) Application to File Under Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Order Approving Interim Distibution of Certain Receivership Assets; and (2) [Proposed] Order. (Pujji, Ramnik)
November 18, 2010 Filing 546 STATUS REPORT Ninth filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
November 18, 2010 Opinion or Order Filing 545 MINUTES: (In Chambers) Order GRANTING non-party Principal Life InsuranceCompanys motion for leave to file an action against the Receiver seeking declaratory judgment #508 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
November 15, 2010 Filing 544 NOTICE of Change of Attorney Information for attorney David J Schindler counsel for Defendant Alex Pang. Adding David Yaroslavsky as attorney as counsel of record for Alex Pang, Administrator of the Estate of Danny Pang for the reason indicated in the G-06 Notice. Filed by Defendant Defendant Alex Pang, Administrator of the Estate of Danny Pang (Schindler, David)
November 4, 2010 Opinion or Order Filing 543 MINUTES (IN CHAMBERS): ORDER by Judge Philip S. Gutierrez: Counsel are advised that the above-referenced motion set for hearing on November 8, 2010 is taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings #508 . (wm)
November 3, 2010 Filing 542 NOTICE of Change of Attorney Information for attorney David J Schindler counsel for Defendant Alex Pang. Jacob A. Regenstreif will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Jacob A. Regenstreif is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Alex Pang, Administrator of the Estate of Danny Panny (Schindler, David)
November 1, 2010 Filing 541 APPLICATION for Attorney Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan with Exhibit A, #2 Declaration of Receiver Robert P. Mosier with Exhibit A, #3 Exhibit B - C to Mosier Declaration, #4 Proposed Order)(Briones, Joshua)
October 29, 2010 Opinion or Order Filing 540 ORDER by Judge Philip S. Gutierrez: Application to Appear Pro Hac Vice by Attorney Jason P Gosselin on behalf of Plaintiff Principal Life Insurance Company, designating Siobhan A Cullen as local counsel #537 GRANTED. (ir)
October 28, 2010 Opinion or Order Filing 539 MINUTE ORDER IN CHAMBERS Discharging the Order to Show Cause by Judge Philip S. Gutierrez: On October 7, 2010, the Court issued an Order to Show Cause why it should not dismiss this action for Lack of Prosecution. On October 20, 2010, the Administrator of the Estate of Danny Pang filed a response to the Order to Show Cause. The Court deems the response satisfactory. Accordingly, the Order to Show Cause is hereby discharged. (bm)
October 26, 2010 Opinion or Order Filing 538 ORDER by Judge Philip S. Gutierrez: Having considered the Application for Attorney Fees #527 . Mosier & Co. 1. Fees and expenses for the Receiver for the period July 2010 are allowed in the sum of $120,870.77. 2. The Receiver is authorized to pay himself $120,870.77 in fees and expenses. Kirk S. Rense3. Fees and expenses for Kirk S. Rense for the period July 2010 are allowed in the sum of $2,279.00. 4. The Receiver is authorized to pay Kirk S. Rense $2,279.00. Steptoe & Johnson LLP 5. Fees and expenses for Steptoe & Johnson LLP for the period July 2010 are allowed in the sum of $225,759.41. 6. The Receiver is authorized to pay Steptoe & Johnson LLP $225,759.41. Alliance International Law OOffices 7. Fees and expenses for Alliance International Law Offices are allowed in the sum of $7,642.00. 8. The Receiver is authorized to pay Alliance International Law Offices $7,642.00. Ogier 9. Fees and expenses for Ogier are allowed in the sum of $48,033.67. 10. The Receiver is authorized to pay Ogier $48,033.67. DLA Piper LLP (US) 11. Fees and costs for DLA Piper for the period July 2010 are allowed in the sum of $201,462.30 and $7,593.78, respectively.12. The Receiver is authorized to pay DLA Piper $209,056.08. (See document for further details) (ir)
October 25, 2010 Filing 537 APPLICATION for attorney Jason P. Gosselin to Appear Pro Hac Vice (PHV Fee of $275 receipt number 0973-7711470 paid.) filed by interested party Principal Life Insurance Company. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Cullen, Siobhan)
October 25, 2010 Filing 536 REPLY in support of MOTION for Leave to file Declaratory Judgment Action against Robert P Mosier, as Receiver for the Trustee and Trustee of The Barbara Dorricott Irrevocable Trust 2008 #508 filed by Movant Principal Life Insurance Company. (Attachments: #1 Declaration of Siobhan A. Cullen, #2 Exhibit A to Declaration of Siobhan A. Cullen)(Cullen, Siobhan)
October 22, 2010 Opinion or Order Filing 535 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez, This matter is set for a scheduling conference on January 31, 2011 at 2:00 p.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claimsbeing asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. (lw)
October 21, 2010 Opinion or Order Filing 534 MINUTE: (In Chambers): Discharging the Order to Show Cause: On October 7, 2010, the Court issued an Order to Show Cause why it should not dismiss this action for Lack of Prosecution #519 . The Order to Show Cause is hereby discharged.by Judge Philip S. Gutierrez. (ir)
October 21, 2010 Filing 533 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation #529 . The following error(s) was found: Incorrect event selected. The correct event is: Stipulations-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)
October 20, 2010 Filing 531 NOTICE OF ERRATA filed by Receiver Mosier & Company, Inc.. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related) #524 (Pujji, Ramnik)
October 20, 2010 Filing 530 NOTICE OF ERRATA filed by Interested Party Principal Life Insurance Company. correcting Memorandum in Support of Motion, #509 (Attachments: #1 Exhibit 1)(Cullen, Siobhan)
October 20, 2010 Filing 529 Joint Stipulation by Estate of Pang and Securities and Exchange Commission Regarding Order to Show Cause re: Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause,,,,,,,, #519 (Schindler, David)
October 20, 2010 Filing 528 ANSWER to Amended Complaint #252 (Second) filed by Administrator of the Estate of Danny Pang Alex Pang.(Schindler, David)
October 19, 2010 Filing 527 APPLICATION for Attorney Fees and Costs (JULY 2010) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
October 18, 2010 Opinion or Order Filing 526 MINUTES: INTERESTED NON-PARTY GENESIS INSURANCE BROKERS, LIMITED'S MOTION FOR LEAVE TO INTERVENE, FOR PARTIAL LIFTING OF STAY, TO UNSEAL DOCUMENTS AND FOR ORDER DIRECTING RECEIVER TO PAY FEES AND COSTS OWED TO GENESISINSURANCE BROKERS FILED MANUALLY ON 08-18-10 and RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER APPROVING SUMMARY PROCEDURE FOR ADMINISTRATION OF CLAIMSAGAINST PRIVATE EQUITY MANAGEMENT GROUP, LLC, PRIVATE EQUITY MANAGEMENT GROUP, INC.. AND THEIR SUBSIDIARIES AND AFFILIATES FILED 08-16-10 (DOC. 489): The Court hears oral argument on the above-referenced motions and rules as follows: Motion for Leave to Intervene #492 is Denied. Motion for Order Approving Summary Procedure #489 is Granted (order signed on the record). Lastly, the Court orders Receivers counsel to re-submit a new Application for Approvalof Fees and Costs. Receivers Application, filed September 29, 2010 #515 is rendered moot by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
October 18, 2010 Filing 525 DECLARATION of Robert P. Mosier in support of APPLICATION for Attorney Fees - JULY 2010 #515 (W/ EXHIBITS A - E) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pujji, Ramnik)
October 18, 2010 Filing 524 OPPOSITION in opposition re: MOTION for Leave to file Declaratory Judgment Action against Robert P Mosier, as Receiver for the Trustee and Trustee of The Barbara Dorricott Irrevocable Trust 2008 #508 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
October 18, 2010 Opinion or Order Filing 523 ORDER by Judge Philip S. Gutierrez: GRANTING Receiver's Motion for Order approving Summary Judgment Procedure for Administrative of Claims against Private Equity Management Group Inc and their Subsidiaries and Affiliates #489 . (See document for further specific details). (ir)
October 18, 2010 Opinion or Order Filing 522 ORDER by Judge Philip S. Gutierrez, GRANTING Stipulation regarding Proof of Claim Form #521 , The Proofs of Claim that BSP and SCB submit will have the following provision: ANY PERSON OR ENTITY SUBMITTING THIS PROOF OF CLAIM FORM (CLAIMANT) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE UNITED STATESDISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA FOR ALL PURPOSES AS TO ANY CLAIMS Objections, defenses, or counterclaims that Could be or have been asserted by theReceiver against such claimant in Connection with this receivership, includingThose arising out of (1) any dealing or Business transacted by or with anyReceivership entity or (2) any dealing or Business transacted that relates in anyway To any receivership property. Further, Claimant waives any right to a jury trial With respect to such claims, objections, Defenses, and counterclaims.Only the receiver may rely upon or invoke The foregoing paragraph. The receiver may Waive the foregoing paragraph without need To seek or obtain court approval. By Submitting this Form, Claimant Does Not Submit to the Exclusive Jurisdiction of the Central District of California with Respect To Any Claims, Objections, Defenses or Counterclaims Between Claimant and Any Other Claimant or Between Claimant and Any Third Party. 2. In filing any Proof of Claim, BSP and SCB will be deemed to have reserved their rights to object for any reason at a later time to the provision set forth in paragraph 1 above. Such reservation of rights shall not render deficient any Proof of Claim filed by BSP and SCB. The Receiver may dispute such reservation of rights by BSP or SCB at any time on 30 days prior notice to BSP and SCB. 3. The parties can assert in the future, without prejudice by such delay, any rights, objections, claims or defenses that they could now assert regarding the provision set forth in paragraph 1 above as if the Receiver and the Court had arranged an extension of time for BSP and SCB to file their Proofs of Claim to allow for a challenge to the provision set forth in paragraph 1 above. This Stipulation binds the signing parties and their respective successors and assigns. (ir)
October 15, 2010 Opinion or Order Filing 532 ORDER by Judge Philip S. Gutierrez: Application to Appear Pro Hac Vice by Attorney Thomas S Downie on behalf of Plaintiff Principal Life Insurance Company, designating Siobhan A Cullen as local counsel #520 GRANTED. (ir)
October 15, 2010 Filing 521 STIPULATION for Order Granting Stipulation Re Proof of Claim Form for Investors Seeking Recovery from Private Equity Management Group, LLC, Private Equity Management Group, Inc., Subsidiaries and Affiliates Thereof filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Totino, Edward)
October 13, 2010 Filing 520 APPLICATION for attorney THOMAS S. DOWNIE to Appear Pro Hac Vice (PHV Fee of $275 receipt number 0973-7654217 paid.) filed by interested party Principal Life Insurance Company. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Cullen, Siobhan)
October 7, 2010 Opinion or Order Filing 519 MMINUTE ORDER IN CHAMBERS : ORDER TO SHOW CAUSE by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED that counsel for Plaintiff SHOW CAUSE in writing on or before 10/21/2010, why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date, as an appropriate response to this Order to Show Cause. Response to Complaint by Defendant(s) OR Request for Entry of Default by Plaintiff. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7.15, oral argument will not be heard in this matter unless so ordered by the Court. Counsel are advised that failure to respond to this Order to Show Cause, may result in the dismissal of the entire action. Parties are reminded that mandatory chambers copies of all electronically filed documents must be delivered directly to Courtroom 880 the following business day before Noon. Further, copies must include the E-Filed Notice and/or E-Filed Header. Failure to comply, may result in monetary sanctions. (lw)
October 4, 2010 Filing 518 REPLY Memorandum In Support Of MOTION to Intervene MOTION to Lift Stay MOTION for Order for unseal documents and for order directing Receiver to pay fees and costs owed to Genesis Insurance Broker #492 filed by Intervenor Genesis Insurance Brokers, Limited. (Attachments: #1 Declaration David H. Dansie)(Millea, Dan)
October 4, 2010 Filing 517 REPLY in support of MOTION for Order for Approving Summary Procedure for Administration of Claims Against Private Equity Management Group, LLC, Private Equity Management Group, Inc., and Their Subsidiaries and Affiliates #489 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
September 29, 2010 Filing 515 APPLICATION for Attorney Fees - JULY 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Pujji, Ramnik)
September 28, 2010 Opinion or Order Filing 516 ORDER REGARDING RECEIVER'S MOTION FOR ORDER ADJUSTING MINIMUM PRE-APPROVED PRICE FOR SALE OF LOEB RANCH by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED as follows: The Court grants the Receiver the authority to sell Norton Loeb-Ranch ("Loeb Ranch"), which is a horse ranch with a single family residence on 11.62 acres of land located at 2851 and 2861 Armstrong Road, Riverside, CA 92509, APNs 174-340-026 and 174-340-027, by public auction in accordance with the procedures set forth in the Court's November 20, 2009 Order (Dkt. # 315). This auction shall be open to members of the public who candemonstrate to the satisfaction of the Receiver that they are credit-worthy buyers, and shall be conducted as set forth in the Receivers Confidential Declaration submitted concurrently with the Motion. (See Order for further details) #485 (yl)
September 27, 2010 Filing 514 OPPOSITION in opposition to re: MOTION to Intervene MOTION to Lift Stay MOTION for Order for unseal documents and for order directing Receiver to pay fees and costs owed to Genesis Insurance Broker #492 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Stephen W. Schwab)(Pujji, Ramnik)
September 24, 2010 Opinion or Order Filing 512 ORDER by Judge Philip S. Gutierrez granting #483 Receiver's Motion for Order Pre-Approving Sale Of Willow Creek Property By Auction: IT IS HEREBY ORDERED as follows: The Court grants the Receiver the authority to sell Willow Creek Golf Course, a non-operational golf course property consisting of 160 acres of land in 15 parcels in Nye County, NV, by public auction in accordance with the procedures set forth in the Court's November 20, 2009 Order (Dkt. # 315). At any time, the Receiver may withdraw the property from auction, and sell it by privately negotiated sale pursuant to the procedures set forth in the Courts November 20, 2009 Order (Dkt. # 315). (see document for further details) (bm)
September 23, 2010 Filing 513 SEALED DOCUMENT- Declaration of Siobhan Cullen in Support of Motion of Principal Life Insurance Company for Leave to File a Declaration Judgment Action Against Robert P. Mosier as Receiver for the Trustee and Trustee of the Barbara Dorricott Irrevocable Trust 2008. (Attachments: Part 2, Part 3)(mat)
September 23, 2010 Filing 511 PROOF OF SERVICE BY MAIL filed by Interested Party Principal Life Insurance Company, re MOTION for Leave to file Declaratory Judgment Action against Robert P Mosier, as Receiver for the Trustee and Trustee of The Barbara Dorricott Irrevocable Trust 2008 #508 , Certificate/Notice of Interested Parties #510 , Memorandum in Support of Motion #509 served on 9/23/10. (ir)
September 23, 2010 Filing 510 CERTIFICATE AND NOTICE of Interested Parties filed by Interested Party Principal Life Insurance Company. (ir)
September 23, 2010 Filing 509 MEMORANDUM of Points and Authorities in Support of Motion for Leave to file Declaratory Judgment Action against Robert P Mosier, as Receiver for the Trustee and Trustee of The Barbara Dorricott Irrevocable Trust 2008 #508 filed by Interested Party Principal Life Insurance Company. (ir)
September 23, 2010 Filing 508 NOTICE OF MOTION for Leave to file Declaratory Judgment Action against Robert P Mosier, as Receiver for the Trustee and Trustee of The Barbara Dorricott Irrevocable Trust 2008 filed by Interested Party Principal Life Insurance Company. Motion set for hearing on 11/8/2010 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
September 22, 2010 Opinion or Order Filing 507 MINUTES: (In Chambers): RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER PRE-APPROVING SALE OF WILLOW CREEK PROPERTY BY AUCTION [E-FILED 08-10-10, #483 :Counsel are advised that the above-referenced motion(s) set for hearing onSeptember 27, 2010 is taken Under Submission and off calendar. Accordingly, noappearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings by Judge Philip S. Gutierrez. (ir)
September 15, 2010 Filing 506 REPLY in support of MOTION for Order for Adjusting Minimum Pre-Approved Price for Sale of Loeb Ranch #485 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
September 14, 2010 Filing 505 REPLY in support MOTION for Order for Pre-Approving Sale of Willow Creek Property by Auction #483 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration)(Pujji, Ramnik)
September 2, 2010 Opinion or Order Filing 504 ORDER by Judge Philip S. Gutierrez: Application to Appear Pro Hac Vice by Attorney Dan Millea on behalf of Intervenor Genesis Insurance Brokers, Limited, designating Jose Umbert as local counsel #498 GRANTED. (ir)
September 1, 2010 Opinion or Order Filing 502 ORDER by Judge Philip S. Gutierrez, on Receiver's Application for approval of fees and costs #491 . Mosier & Co: Fees and expenses for the Receiver for the period June 2010 are allowed in the sum of $139,936.21; Receiver is authorized to pay himself $139,936.21 in fees and expenses; Kirk S Rense Fees and expenses for Kirk S Rense for the period June 2010 are allowed in the sum of $1,590. Receiver is authorized to pay Kirk S Rense $1,590; Steptoe & Johnson LLP: Fees and expenses for Steptoe & Johnson LLP for the period June 2010 are allowed in the sum of $151,174.14; Receiver is authorized to pay Steptoe & Johnson LLP $151,174.14; DLA Piper LLP (US): Fees and costs for DLA Piper for the period June 2010 are allowed in the sum of $140,490.16 and $7,025.65 respectively. Receiver is authorized to pay DLA Piper $147,515.81. (ir)
September 1, 2010 Opinion or Order Filing 501 MINUTES (IN CHAMBERS): Order Re Receivers Application for Approval of Feesand Costs for June 2010 Before the Court is the Receivers Application for Approval of Fees and Costs for June 2010. See Dkt # 491. The Court grants that application by a concurrent order and explains here why the amount the Receiver is authorized to pay Kirk S. Rense has been reduced to $1,590 from the requested amount of $2,385. The billing records for Mr. Rense indicate that on June 14, 2010 he billed 3.10 hours for Court Appearance on Receivers opposition to motion for relief from injunction to bring actions in Navada [sic] against Jorei entities; email to client re same. See Mosier Decl. (Dkt # 491-2), Ex. B, Page 71. The Court observes, however, that no oral argument was held on the motion in question, see Dkt # 466, Dkt # 468, and thus noappearance by counsel was necessary. The Court has therefore deducted 3.0 hours from Mr. Renses compensable time on the present application IT IS SO ORDERED by Judge Philip S. Gutierrez.granting #491 Application for Attorney Fees (ir)
September 1, 2010 Opinion or Order Filing 500 ORDER by Judge Philip S. Gutierrez granting #476 Receiver's Motion for Confirmation Of Esuites Jacksonville Property Sale By Auction: IT IS HEREBY ORDERED as follows: 1. The Receiver's sale of the eSuites Jacksonville Property, a hotel development site located at the SW Quadrant of the intersection of JTB and I-95, Jacksonville, FL (Duval County Assessor Parcel No. 1525948160), to Atlantis Holdings LLLP, American Dream of NE FL LLC and Javier Gil, or their assigns, for a purchase price of $330,000 is hereby confirmed and approved; 2. This sale is consistent and in compliance with this Court's November 20, 2009 Order, located at Docket # 315; 3. The Receiver may make this sale by quitclaim deed or any other form of deed that the Receiver deems appropriate. Proceeds from the sale of this property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the property. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of this sale, or the title or right to possession of the buyer in connection with this sale. (bm)
August 31, 2010 Filing 503 MOTION to Produce Documents and Leave of the Court Granted filed by claimant Howard Coblentz. (sp)
August 31, 2010 Opinion or Order Filing 499 MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. The "Motion to Produce Documents and Leave of the Court Granted" dated 8/18/10, is ordered filed and is hereby denied without prejudice. The motion was submitted by Howard Coblentz in pro per. The motion refers to Coblentz as both a "nonparty" and as "Plaintiff," even though Plaintiff in this action is the Securities and Exchange Commission. The intent of the motion is unclear. If Coblentz seeks relief from a stay, he should file a motion directed to Judge Gutierrez after compliance with Local Rule 7-3 (presuming Coblentz has leave to intervene in this action to seek such relief). If, apart from the effects of any stay, Coblentz seeks court intervention into a discovery dispute, Coblentz should comply with Local Rule 37 before filing a motion to compel discovery, presuming Coblentz has standing in this action to do so. (sp)
August 31, 2010 Filing 498 APPLICATION for attorney Dan Millea to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Interested Non-Party Genesis Insurance Brokers, Limited. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Umbert, Jose)
August 24, 2010 Filing 497 REPLY in support of MOTION for Order for Confirmation of ESuites Jacksonville Property Sale by Auction #476 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
August 20, 2010 Opinion or Order Filing 496 ORDER on the Receiver's Application for approval of fees and costs #477 : Mosier & Co: Fees and expenses for the Receiver for the period of May 2010 are allowed in the sum of $117,322.92. Receiver is authorized to pay himself $117,322.92 in fees and expenses; Baker & McKenzie: Fees and expenses for Baker & McKenzie through May 2010 are allowed in the sum of $37,384.27. The Receiver is authorized to pay Baker & McKenzie $37,384.27; Kirk S Rense: Fees and expenses for Kirk S. Rense for the period of May 2010 are allowed in the sum of $7,764.50. Receiver is authorized to pay Kirk S Rense $7,764.50; Steptoe & Johnson LLP: Fees and expenses for Steptoe & Johnson LLP for the period of May 2010 are allowed in the sum of $69,976.76. Receiver is authorized to pay Steptoe & Johnson LLP $69,976.76; DLP Piper LLP (US): Fees and costs for DLA Piper for the period of May 2010 are allowed in the sum of $166,346.16 and $12,227.33 respectively. Receiver is authorized to pay DLA Piper $178,573.49 by Judge Philip S. Gutierrez. (ir)
August 20, 2010 Opinion or Order Filing 495 ORDER by Judge Philip S. Gutierrez: granting #474 MOTION FOR ORDER ON RECEIVERS MOTION FOR CONFIRMATION OF ESUITES TAMPA PROPERTY SALE BY AUCTION : IT IS HEREBY ORDERED as follows: 1. The Receivers sale of the eSuites Tampa Property, a hotel development site located at 2215 North Lois Avenue, Tampa, Florida 33607 (Hillsborough County Assessor No. 110982-0800), to David Robertson, or his assigns, for a purchase price of $695,000 is hereby confirmed and approved; 2. This sale is consistent and in compliance with this Courts November 20, 2009 Order, located at Docket # 315; 3. The Receiver may make this sale by quitclaim deed or any other form of deed that the Receiver deems appropriate. Proceeds from the sale of this property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the property. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of this sale, or the title or right to possession of the buyer in connection with this sale. (shb)
August 19, 2010 Filing 494 STATUS REPORT (EIGHTH) filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
August 18, 2010 Filing 493 DECLARATION of David H Dansie in support of motion to Intervene, for Partial Lifting of stay, to unseal documents and for order directing Receiver to pay fees and costs owed to Genesis Insurance Broker #492 filed by Intervenor Genesis Insurance Brokers, Limited. (ir)
August 18, 2010 Filing 492 NOTICE OF MOTION AND MOTION to Intervene, for Partial Lifting of Stay, to unseal documents and for order directing Receiver to pay fees and costs owed to Genesis Insurance Broker filed by Intervenor Genesis Insurance Brokers, Limited. Motion set for hearing on 10/18/2010 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
August 17, 2010 Filing 491 APPLICATION for Attorney Fees and Costs (JUNE 2010) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nick Morgan, #2 Declaration of Robert P. Mosier, #3 Proposed Order)(Pujji, Ramnik)
August 16, 2010 Filing 489 NOTICE OF MOTION AND MOTION for Order for Approving Summary Procedure for Administration of Claims Against Private Equity Management Group, LLC, Private Equity Management Group, Inc., and Their Subsidiaries and Affiliates filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 10/18/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Robert P. Mosier, #3 Declaration of Nick Pujji, #4 Proposed Order)(Pujji, Ramnik)
August 11, 2010 Filing 490 SEALED DOCUMENT - CONFIDENTIAL DECLARATION of ROBERT P. MOSIER IN SUPPORT OF MOTION for Order for Adjusting Minimum Pre-Approved Price for Sale of Loeb Ranch(lra)
August 11, 2010 Filing 487 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Order for Pre-Approving Sale #483 . The following error(s) was found: Hearing information is missing, incorrect, or not timely.Other error(s) with document(s) are specified below. Other error(s) with document(s): Hearing 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
August 11, 2010 Filing 486 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Confidential Declaration of Robert P. Mosier in support of Motion for Order Adjusting Minimum Pre-Approved Price for Sale of Loeb Ranch. (Pujji, Ramnik)
August 11, 2010 Filing 485 NOTICE OF MOTION AND MOTION for Order for Adjusting Minimum Pre-Approved Price for Sale of Loeb Ranch filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 10/4/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Nick S. Pujji, #3 Proposed Order)(Pujji, Ramnik)
August 10, 2010 Filing 488 SEALED DOCUMENT - Confidential DECLARATION of Robert P. Mosier In support of MOTION for Order for Pre-Approving Sale of Willow Creek Property by Auction(lra)
August 10, 2010 Filing 484 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Confidential Declaration of Robert P. Mosier in support of Receiver's Motion for Order Pre-Approving Sale of Willow Creek Property by Auction. (Pujji, Ramnik)
August 10, 2010 Filing 483 NOTICE OF MOTION AND MOTION for Order for Pre-Approving Sale of Willow Creek Property by Auction filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/27/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Nick S. Pujji, #3 Proposed Order)(Pujji, Ramnik)
August 9, 2010 Filing 482 REPLY in support of MOTION for Order for CONFIRMATION OF ESUITES TAMPA PROPERTY SALE BY AUCTION #474 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
July 27, 2010 Filing 481 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) #478 . The following error(s) was found: Other error(s) with document(s) are specified below. 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. (ak)
July 27, 2010 Filing 480 NOTICE of Change of Attorney Information for attorney Robert Alexander Pilmer counsel for Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp.. Chris Almand will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Chris Almand is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Amici Curiae Hua Nan Commercial Bank Ltd. and Hua Nan Investment Trust Corp. (Pilmer, Robert)
July 27, 2010 Filing 479 NOTICE of Change of Attorney Information for attorney Robert Alexander Pilmer counsel for Defendants Private Equity Management Group, Inc., Private Equity Management Group, LLC. Chris Almand will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Chris Almand is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Private Equity Management, Inc. and Private Equity Management Group, LLC (Pilmer, Robert)
July 27, 2010 Filing 478 NOTICE of Change of Attorney Information for attorney Robert Alexander Pilmer counsel for Defendants Private Equity Management Group, Inc., Private Equity Management Group, LLC. Chris Almand will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Chris Almand is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant Private Equity Management Group, Inc. and Private Equity Management Group, LLC (Pilmer, Robert)
July 26, 2010 Filing 477 APPLICATION for Attorney Fees and Costs for May 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Briones, Joshua)
July 16, 2010 Filing 476 NOTICE OF MOTION AND MOTION for Order for Confirmation of ESuites Jacksonville Property Sale by Auction filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/13/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael Walters, #3 Declaration of Nick S. Pujji, #4 Proposed Order)(Pujji, Ramnik)
July 13, 2010 Opinion or Order Filing 475 ORDER by Judge Philip S. Gutierrez granting #458 RECEIVER'S MOTION FOR CONFIRMATION OF ESUITES PHOENIX PROPERTY SALE BY AUCTION: IT IS HEREBY ORDERED as follows: 1. The Receiver's sale of the eSuites Phoenix Property, a hotel development site located at 888 North 44th Street, Phoenix, AZ (APN 125-25-081), to Edward Chan/Uniwell Corporation, or assigns, for a purchase price of $1,045,000 is hereby confirmed and approved; 2. This sale is consistent and in compliance with this Court's November 20, 2009 Order, located at Docket # 315; 3. The Receiver may make this sale by quitclaim deed or any other form of deed that the Receiver deems appropriate. Proceeds from the sale of this property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the property. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of this sale, or the title or right to possession of the buyer in connection with this sale. (bm)
June 29, 2010 Filing 474 NOTICE OF MOTION AND MOTION for Order for CONFIRMATION OF ESUITES TAMPA PROPERTY SALE BY AUCTION filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 8/23/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael Walters, #3 Declaration of Nick S. Pujji, #4 Proposed Order)(Pujji, Ramnik)
June 28, 2010 Filing 473 NOTICE of Change of Attorney Information for attorney Gary J Lorch counsel for Intervenor Learjet Inc.. Gary J. Lorch will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Third Party Learjet Inc. (Lorch, Gary)
June 28, 2010 Filing 472 NOTICE of Change of Attorney Information for attorney Manuel Saldana counsel for Intervenor Learjet Inc.. Manuel Saldana will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Third Party Learjet Inc. (Saldana, Manuel)
June 22, 2010 Filing 471 NOTICE of Change of Attorney Information for attorney Spencer Peter Hugret counsel for Intervenor Learjet Inc.. Filed by Third Party Learjet Inc. (Hugret, Spencer)
June 16, 2010 Opinion or Order Filing 470 ORDER by Judge Philip S. Gutierrez: Application for Attorney Fees and costs #467 . Mosier & Co.: Fees and expenses for the Receiver for the period April 2010 are allowed in the sum of $122,767.17. The Receiver is authorized to pay himself $122,767.17 in fees and expenses. Steptoe & Johnson LLP: Fees and expenses for Steptoe & Johnson LLP through April 2010 are allowed in the Sum of $54,717.50. The Receiver is authoriz~d to pay Steptoe & Johnson LLP $54,717.50.DLA Piper LLP (US): Fees and costs for DLA Piper for the period April 2010 are allowed in the sum of $199,819.64 and $684.48, respectively. The Receiver is authorized to pay DLA Piper $200,504.12. (ir)
June 15, 2010 Opinion or Order Filing 469 ORDER ON MOTION BY NONPARTY UTILITES INC. OF CENTRAL NEVADA FOR LEAVE TO INTERVENE AND TO LIFT STAY IN PART AGAINST JOREI ENTERPRISES, LLC by Judge Philip S. Gutierrez, re MOTION to Intervene #433 :IT IS HEREBY ORDERED as follows: 1. The Injunction issued by this Court on August 4, 2009, Doc. #246 prohibiting anyone with notice of the Order from suing or proceeding with any legal action against the affiliates and subsidiaries of Private Equity Management Group, Inc. or Private Equity Management Group, LLC without leave of court is hereby lifted as to Jorei Enterprises, LLC ("Jorei") for the limited purpose of permitting UICN to pursue two lawsuits against Jorei in the Fifth Judicial District Court for the State of Nevada. 2. UICN is authorized to pursue the following two lawsuits against Jorei in the Fifth Judicial District Court for the State of Nevada: (1) Utilities, Inc. of Central Nevada v. Willow Creek Holdings, LLC, et al., Consolidated Case Nos. CV-27399 and CV-28780; and (2) Utilities, Inc. of Central Nevada v. Willow Creek Holdings, LLC, et al., Case No. CV-27398. (bm)
June 15, 2010 Opinion or Order Filing 468 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting #433 Non-party Utilities Inc. of Central Nevada's Motion for Leave to Intervene and To Lift Stay in Part Against Jorei Enterprises, LLC: For the foregoing reasons, the Court GRANTS UICNs motion for leave to pursue the TPA Litigation and the Water Rights Litigation against Jorei Enterprises, LLC in Nevada state court. (see document for further details) (bm)
June 11, 2010 Filing 467 APPLICATION for Attorney Fees and Costs for April 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nick Morgan, #2 Declaration of Robert Mosier with Exhibit A, #3 Exhibit Part 2 of A with B and C, #4 Proposed Order)(Briones, Joshua)
June 9, 2010 Opinion or Order Filing 466 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez taking under submission #433 Interested Non-Party Utilities Inc. of Central Nevada's Motion for Leave to Intervene and to Lift Stay in Part Against Jorei Interprises, LLC - Filed Manually 04-19-10: Counsel are advised that the above-referenced motion(s) set for hearing on June 14, 2010 is taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. (bm)
June 7, 2010 Opinion or Order Filing 465 ORDER by Judge Philip S. Gutierrez: granting #455 Application for Attorney Fees and Costs: The Court having considered the Application for Approval of Fees and Costs of the Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: Fees and expenses for the Receiver for the period of March 2010 are allowed in the sum of $137,936.18. The Receiver is authorized to pay himself $137,936.18 in fees and expenses. Fees and expenses for Kirk S. Rense, Esq. for the period March 2010 are allowd in the sum of $6,545.50. The Receiver is authorized to pay Kirk S. Rense, Es. $6,545.50. Fees and expenses for Steptoe & Johnson LLP through March 2010 are allowed in the sum of $124,946.11. The Receiver is authorized to pay Steptoe & Johnson LLP $124,946.11. Fees and costs for DLA Piper for the period March 2010 are allowed in the sum of $159,340.53 and $7,266.65 respectively. The Receiver is authorized to pay DLA Piper $166,607.18. (bm)
June 1, 2010 Filing 464 MINUTES OF IN CHAMBERS ORDER Setting Status Conference held before Judge Philip S. Gutierrez: On May 6, 2010, the Receiver filed an Application for Approval of Fees and Costs. See Dkt # 455. The Court sets a status conference on the matter for June 7, 2010 at 4:00 p.m. (bm)
June 1, 2010 Filing 463 MINUTES OF IN CHAMBERS ORDER re Receiver's Notice of Motion for Confirmation of Post Road Property Sale by Auction [E-filed 04-21-10, DOC 441] held before Judge Philip S. Gutierrez: On April 26, 2010, the Court ruled on the above-referenced motion. Accordingly, the June 7th motion hearing is hereby vacated. (bm)
May 28, 2010 Filing 462 REQUEST FOR JUDICIAL NOTICE re MOTION to Intervene #433 filed by Interested Nonparty Utilities Inc. of Central Nevada. (Attachments: #1 Proposed Order)(Rowse, Kristen)
May 28, 2010 Filing 461 REPLY IN SUPPORT OF MOTION to Intervene #433 filed by Intervenor Utilities Inc. of Central Nevada. (Rowse, Kristen)
May 24, 2010 Filing 460 Opposition OPPOSITION TO UTILITIES INC. OF CENTRAL NEVADA'S MOTION FOR LEAVE TO INTERVENE AND TO LIFT STAY IN PART AGAINST JOREI ENTERPRISES, LLC. re: MOTION to Intervene #433 filed by Receiver Mosier & Company, Inc.. (Rense, Kirk)
May 21, 2010 Filing 459 STATUS REPORT (SEVENTH); Declaration of the Receiver, Robert Mosier; Exhibits A-E filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit A - E to Receiver's Seventh Status Report)(Pujji, Ramnik)
May 20, 2010 Filing 458 NOTICE OF MOTION AND MOTION for Order for Confirmation of ESuites Phoenix Property Sale by Auction filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 7/19/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion, #2 Declaration of Michael Walters In Support of Motion, #3 Declaration of Nick Pujji In Support of Motion, #4 Proposed Order re Motion for Confirmation of ESuites Phoenix Property Sale by Auction)(Pujji, Ramnik)
May 10, 2010 Opinion or Order Filing 457 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez denying #393 the Estate of Danny Pang's Motion to Certify Order for Interlocutory Appeal: For the foregoing reasons, the Court DENIES the Estate's motion to certify the Court's February 1, 2010 Order for interlocutory appeal. (see document for further details) (bm)
May 7, 2010 Opinion or Order Filing 456 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting #424 Learjet Inc.'s Motion for Order Modifying Preliminary Injunction to Permit Prosecution of Cross-Action Against Inter Travel & Services, Inc.: For the foregoing reasons, the Court GRANTS Learjet's motion for an order modifying the Preliminary Injunction to permit prosecution of a cross-action against ITAS. (see document for further details) (bm)
May 6, 2010 Filing 455 APPLICATION for Attorney Fees and Costs for March 2010 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration or Nicolas Morgan, #2 Declaration Robert P. Mosier, #3 Exhibit B - D to Moser Declaration, #4 Proposed Order)(Briones, Joshua)
May 5, 2010 Opinion or Order Filing 454 MINUTES (IN CHAMBERS): ORDER re: ESTATE OF DANNY PANG'S MOTION TO CERTIFYORDER FOR INTERLOCUTORY APPEAL UNDER 28 U.S.C. 1292(b) FILED 03-01-10 (DOC. 393) and THIRD PARTY LEARJET, INC MOTION FOR ORDER MODIFYING PRELIMINARY INJUNCTION TO PERMIT PROSECUTION OF CROSS-ACTION AGAINST INSURED, RELATED ENTITY INTER TRAVEL & SERVICES, INC FILED 04-07-10 (DOC. 424) by Judge Philip S. Gutierrez: Counsel are advised that the above-referenced motion(s) set for hearing on May 10, 2010 are taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. RE: #393 Motion to Certify; #424 Motion for Order (lw)
April 30, 2010 Filing 452 NOTICE OF CLERICAL ERROR: Due to clerical error document docket entry has been corrected as indicated below: Order on Motion #450 is linked to incorrect motion. (bm)
April 26, 2010 Opinion or Order Filing 453 ORDER by Judge Philip S. Gutierrez granting #441 Motion for Confirmation of Post Road Property Sale by Auction: IT IS HEREBY ORDERED as follows: 1. The Receiver's sale of the Post Road Property, an unfinished 5,552 square foot medical building located at 9091 West Post Road, Las Vegas, NV, 89148, APN 163-32-410-026 to Marlane Coker, or assigns, for a purchase price of $484,000 is hereby confirmed and approved; 2. This sale is consistent and in compliance with this Court's November 20, 2009 Order, located at Docket # 315; 3. The Receiver may make this sale by quitclaim deed or any other form of deed that the Receiver deems appropriate. Proceeds from the sale of the Post Road Property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the properties. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of this sale, or the title or right to possession of the buyer in connection with this sale. (bm)
April 26, 2010 Opinion or Order Filing 451 ORDER REGARDING RECEIVER'S MOTION FOR ORDER PRE-APPROVING SALE OF 351 CALIFORNIA STREET PROPERTY BY AUCTION by Judge Philip S. Gutierrez, re MOTION for Order for Pre-Approving Sale of 351 California Street Property by Auction #411 May 3, 2010 hearing vacated. The Court grants the Receiver the authority to sell the parcel of real property located at 351 California Street, San Francisco, California 94104 by public auction in accordance with the procedures set forth in the Courts November 20, 2009 Order (Dkt. # 315). This auction shall be open to members of the public who can demonstrate to the satisfaction of the Receiver that they are credit-worthy buyers, and shall be conducted as set forth in the Receivers Confidential Declaration. If such sale by auction achieves a price that meets or exceeds the minimum sales price set forth in the Receivers Confidential Declaration filed with the moving papers, the sale shall be and hereby is automatically confirmed, and no further order of the Court is required with respect to such sale. At any time, the Receiver may withdraw the property from auction, and sell it by privately negotiated sale pursuant to the applicable procedures set forth in the Court's November 20, 2009 Order (Dkt. # 315). (lw)
April 26, 2010 Opinion or Order Filing 450 ORDER by Judge Philip S. Gutierrez granting #411 Motion for Confirmation of Post Road Property Sale by Auction: IT IS HEREBY ORDERED as follows: 1. The Receiver's sale of the Post Road Property, an unfinished 5,552 square foot medical building located at 9091 West Post Road, Las Vegas, NV, 89148, APN 163-32-410-026 to Marlane Coker, or assigns, for a purchase price of $484,000 is hereby confirmed and approved; 2. This sale is consistent and in compliance with this Court's November 20, 2009 Order, located at Docket # 315; 3. The Receiver may make this sale by quitclaim deed or any other form of deed that the Receiver deems appropriate. Proceeds from the sale of the Post Road Property, at the discretion of the Receiver, may be used to pay liens or other encumbrances on the properties. Any proceeds not so used shall become part of the Receivership Estate and the Receiver shall have the same power over such proceeds as he has with respect to funds or property of PEMGroup under the Preliminary Injunction entered by the Court on August 4, 2009. Defendants herein, and all other persons, are hereby permanently enjoined from contesting the validity of this sale, or the title or right to possession of the buyer in connection with this sale. (bm)
April 26, 2010 Filing 449 EXHIBIT A to MOTION for Order for CONFIRMATION OF POST ROAD PROPERTY SALE BY AUCTION #441 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
April 26, 2010 Filing 448 REPLY To Opposition MOTION for Order for MODIFYING PRELIMINARY INJUNCTION TO PERMIT PROSECUTION OF CROSS-ACTION AGAINST INSURED, RELATED ENTITY INTER TRAVEL & SERVICES, INC.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #424 filed by Intervenor Learjet Inc.. (Attachments: #1 Supplement Declaration of Spencer P. Hugret, #2 Exhibit J)(Hugret, Spencer)
April 26, 2010 Filing 446 NOTICE OF CLERICAL ERROR: Due to clerical error document docket entry has been corrected as indicated below: Re: ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS #444 filed 4/22/10 was docketed with incorrect document attached to the docket entry. (bm)
April 22, 2010 Opinion or Order Filing 447 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Exhibit #442 , for the following reasons: title page is missing. (bm)
April 22, 2010 Opinion or Order Filing 445 ORDER by Judge Philip S. Gutierrez granting #440 Application to Appear Pro Hac Vice by Attorney Laura Granier on behalf of Nonparty Utilities Inc. of Central Nevada, designating Kristen Rowse as local counsel. (bm)
April 22, 2010 Opinion or Order Filing 444 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Exhibit #442 , for the following reasons: Title page is missing. (bm)
April 22, 2010 Filing 443 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit A #442 . The following error(s) was found: Title page is missing. 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 21, 2010 Filing 442 EXHIBIT Filed filed by Receiver Mosier & Company, Inc.. EXHIBIT A TO DECLARATION OF MICHAEL WALTERS IN SUPPORT OF RECEIVER'S MOTION FOR CONFIRMATION OF POST ROAD PROPERTY SALE BY AUCTION as to MOTION for Order for CONFIRMATION OF POST ROAD PROPERTY SALE BY AUCTION #441 . ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 4/22/10, DOCUMENT #447 .*** (Pujji, Ramnik) Modified on 4/22/2010 (bm).
April 21, 2010 Filing 441 NOTICE OF MOTION AND MOTION for Order for CONFIRMATION OF POST ROAD PROPERTY SALE BY AUCTION filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 6/7/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael Walters, #3 Declaration of Nick S. Pujji, #4 Proposed Order)(Pujji, Ramnik)
April 21, 2010 Filing 440 APPLICATION for attorney Laura Granier to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Intervenor Utilities Inc. of Central Nevada. (Attachments: #1 Proposed Order)(Rowse, Kristen)
April 20, 2010 Opinion or Order Filing 439 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #430 Application: NOTE CHANGES MADE BY THE COURT. The Court having considered the Application for Approval of Fees and Costs of Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: 1. Fees and expensses for the Receiver for the period February 2010 are allowed in the sum of $128,981.64. 2. The Receiver is authorized to pay himself $128,981.64 in fees and expenses. Kirk S. Rense, Esq.: 3. Fees and expenses for Kirk S. Rense, Esq. for the period January 2010 are allowed in the sum of $4,846.40. 4. The Receiver is authorzed to pay Kirk S. Rense, Esq. $4,846.40. DLA Piper (US): 9. Fees and costs for DLA Piper for the period January 2010 are allowed in the sum of $120,285.00 and $3,571.03, respectively. 10. The Receiver is authorzed to pay DLA Piper $123,856.03. (bm)
April 19, 2010 Filing 438 PROOF OF SERVICE filed by Interested Nonparty Utilities Inc. of Central Nevada, re MOTION to Intervene #433 , [Proposed] Order on Motion, Declaration of Elizabeth High #434 , Declaration Laura Grainer #435 , Declaration Wendy Barrett #436 , Request for Judicial Notice 437 , [Proposed] Order Granting Request for Judicial Notic served on 4/19/10. (bm)
April 19, 2010 Filing 436 DECLARATION of Wendy Barnett in support of MOTION by Nonparty Utilities Inc. of Central Nevada for Leave to Intervene and to Lift Stay In Part Against Jorei Enterprises, LLC #433 filed by Intervenor Utilities Inc. of Central Nevada. (bm)
April 19, 2010 Filing 435 DECLARATION of Elizabeth High in support of MOTION by Nonparty Utilities Inc. of Central Nevada for Leave to Intervene and to Lift Stay In Part Against Jorei Enterprises, LLC #433 filed by Intervenor Utilities Inc. of Central Nevada. (bm)
April 19, 2010 Filing 434 DECLARATION of Laura Grainer in support of MOTION by Nonparty Utilities Inc. of Central Nevada for Leave to Intervene and to Lift Stay In Part Against Jorei Enterprises, LLC #433 filed by Interested Nonparty Utilities Inc. of Central Nevada. (bm)
April 19, 2010 Filing 433 NOTICE OF MOTION AND MOTION BY NONPARTY UTILITIES OF CENTRAL NEVADA FOR LEAVE TO INTERVENE AND TO LIFE STAY IN PART AGAINST JOREI ENTERPRISES, LLC filed by Interested Nonparty Utilities Inc. of Central Nevada. Motion set for hearing on 6/14/2010 at 1:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (bm)
April 19, 2010 Filing 432 OPPOSITION TO re: MOTION for Order for MODIFYING PRELIMINARY INJUNCTION TO PERMIT PROSECUTION OF CROSS-ACTION AGAINST INSURED, RELATED ENTITY INTER TRAVEL & SERVICES, INC.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #424 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
April 16, 2010 Opinion or Order Filing 431 MINUTES (IN CHAMBERS) ORDER GRANTING the Receiver's Motion for Order Holding Protective Life in Violation of Preliminary Injunction and Striking Pending Lawsuits #384 and DENYING Protective Life's Motion for Leave to Sue Receiver as Truestee of Martinez Trust Nunc Pro Tunc to October 15, 2009 #382 and Protective Life's Motion for Leave to Sue Receiver as Trustee of Cervantes Trust Nunc Pro Tunc to November 30, 2009 #383 by Judge Philip S. Gutierrez: For the foregoing reasons, the Court GRANTS the Receiver's Motion for Order Holding Protective Life in Violation of Preliminary Injunction and Striking Pending Lawsuits. The Court DENIES Protective Life's Motion for Leave to Sue Receiver as Trustee of Martinez Trust Nunc Pro Tunc to October 15, 2009 and Protective Life's Motion for Leave to Sue Receiver as Trustee of Cervantes Trust Nunc Pro Tunc to November 30, 2009. The Court orders that the complaints filed in Protective Life Insurance Company v. Mosier et al., CV 09-7512 PSG (Ex), and Protective Life Insurance Company v. Mosier et al., CV 09-8781 PSG (Ex), be stricken and the actions dismissed without prejudice. (see document for further details) (bm)
April 15, 2010 Filing 430 APPLICATION for Attorney Fees and Costs (February) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
April 14, 2010 Filing 429 REPLY in support MOTION for Order for Pre-Approving Sale of 351 California Street Property by Auction #411 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
April 13, 2010 Opinion or Order Filing 428 ORDER by Judge Philip S. Gutierrez granting #394 Receiver's Application for Approval of Fees and Costs: The Court having considered the Application for Approval of Fees and Costs of the Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: 1. Fees and expenses for the Receiver for the period January 2010 are allowed in the sum of $112,255.46. 2. The Receiver is authorized to pay himself $112,255.46 in fees and expenses. Kirk S. Rense, Esq.: 3. Fees and expenses for Kirk S. Rense, Esq. for the period January 2010 are allowd in the sum of $11,660.00. 4. The Receiver is authorized to pay Kirk S. Rense, Esq. $11,660.00 4. The Receiver is authorized to pay Kirk S. Rense, Esq. $11,600.00. Grant Thornton LLP: 5. Fees and expenses for Grant Thornton LLP for the period January 2010 are allowed in the sum of $632.50. 6. The Receiver is authorized to pay Grant Thornton LLP $632.50. Ogier: 7. Fees and expenses for Ogier for the period January 2010 are allowed in the sum of $936.00. 8. The Receiver is authorized to pay Ogier $936.00. DLA Piper LLP (US) and DLA Piper UK LLP: 9. Fees and costs for DLA Piper for the period January 2010 are allowed in the sum of $138,300.75 and $4,780.82, respectively. 10. The Receiver is authorzed to pay DLA Piper $143,081.57. (bm)
April 13, 2010 Opinion or Order Filing 427 ORDER by Judge Philip S. Gutierrez granting #418 Receivers's Application for Approval of Fees and Costs: The Court having considered the Application for Approval of Gibson Dunn's Fees and Costs, any opposition thereto, and good cause appearing therefore: 1. Fees and expenses for Gibson Dunn's pre-receivership services are allowed in the sum of $146,366.08. 2. The Receiver is authorized to pay Gibson Dunn $146,366.08 in fees and expeses. (bm)
April 7, 2010 Filing 426 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Third Party Learjet Inc. (bm)
April 7, 2010 Filing 425 DECLARATION of SPENCER P. HUGRET in support of MOTION for Order for MODIFYING PRELIMINARY INJUNCTION TO PERMIT PROSECUTION OF CROSS-ACTION AGAINST INSURED, RELATED ENTITY INTER TRAVEL & SERVICES, INC.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #424 filed by Intervenor Learjet Inc. (Attachments: #1 Declaration Pt. 2, #2 Declaration Pt. 3) (bm)
April 7, 2010 Filing 424 NOTICE OF MOTION AND MOTION FOR ORDER MODIFYING PRELIMINARY INJUNCTION TO PERMIT PROSECUTION OF CROSS-ACTION AGAINST INSURED, RELATED ENTITY INTER TRAVEL & SERVICES, INC.; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Third Party Learjet Inc. Lodged proposed order. (bm)
April 7, 2010 Filing 423 REPLY to Oppositions to MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities #393 filed by Defendant Alex Pang. (Regenstreif, Jacob)
April 6, 2010 Opinion or Order Filing 422 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Reply to opp to motion to certify order #410 , for the following reasons: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. (bm)
April 6, 2010 Opinion or Order Filing 421 ORDER REGARDING HEARING DATE ON MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL by Judge Philip S. Gutierrez, re Stipulation #419 : Pursuant to the joint stipulation entered into by the parties, the Court orders as follows: The April 12, 2010 hearing is canceled; and On May 10, 2010 the Court shall conduct a hearing on the Motion to Certify for Interlocutory Appeal Under 28 U.S.C. 1292(b) (Doc. No. 393) filed by the Administrator of the Estate of Danny Pang at 1:30 p.m. (bm)
April 2, 2010 Filing 420 OF SERVICE filed by defendant Alex Pang, re Stipulation for Hearing, #419 served on 04/02/2010. (Regenstreif, Jacob)
April 2, 2010 Filing 419 Joint STIPULATION for Hearing re MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities #393 filed by defendant Alex Pang. (Attachments: #1 Proposed Order)(Regenstreif, Jacob)
April 1, 2010 Filing 418 APPLICATION for Attorney Fees and Costs of Gibson Dunn filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of James J. Moloney, #2 Proposed Order)(Briones, Joshua)
March 31, 2010 Opinion or Order Filing 417 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS: Receiver's Application for approval #413 is ordered STRICKEN for failure to comply with the Local Rules, General Order 08-02 and/or the Court's Case Management Order as indicated: Proposed document was not submitted as separate attachment, No Proposed Order attached by Judge Philip S. Gutierrez. (ir)
March 31, 2010 Filing 415 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related), Reply (Motion related) #410 . The following error(s) was found: Local Rule 11-8 Memorandum brief exceeding 10 pages shall contain table of contents. 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. (vh)
March 31, 2010 Filing 414 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Manual Filing (G-92) #409 . The following error(s) was found: Judges' initials were not included on case number of filed 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. (vh)
March 30, 2010 Filing 413 APPLICATION for Attorney Fees and Costs Approval for Gibson Dunn filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of James J. Moloney in support of the Receiver's Application for Approval of Gibson Dunn's Fees and Costs)(Briones, Joshua) **STRICKEN PURSUANT TO ORDER FILED 03-31-10** Modified on 4/1/2010 (ir).
March 30, 2010 Filing 412 PROOF OF SERVICE filed by RECEIVER Mosier & Company, Inc., re Notice of Manual Filing (G-92) #409 PROOF OF SERVICE OF THE CONFIDENTIAL DECLARATION OF ROBERT P. MOSIER IN SUPOPRT OF RECEIVER'S MOTION FOR ORDER PRE-APPROVING SALE OF 351 CALIFORNIA STREET PROPERTY BY AUCTION served on 3/29/2010. (Pujji, Ramnik)
March 29, 2010 Filing 416 SEALED DOCUMENT- Confidential Declaration of Robert P. Mosier in Support of Receiver's MOTION for Order for Pre-Approving Sale of 351 California Street Property by Auction. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat)
March 29, 2010 Filing 411 NOTICE OF MOTION AND MOTION for Order for Pre-Approving Sale of 351 California Street Property by Auction filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 5/3/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Motion for Order, #2 Declaration of Nick S. Pujji in support of Motion for Order, #3 Proposed Order regarding Receiver's Motion for Order Pre-Approving Sale of 351 California Street Property by Auction)(Pujji, Ramnik)
March 29, 2010 Filing 410 REPLY to Oppositions to MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities #393 filed by Defendant Danny Pang. (Schindler, David) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 4/6/10, DOCUMENT #422 .*** Modified on 4/7/2010 (bm).
March 29, 2010 Filing 409 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Order Pre-Approving Sale of 351 California Street Property by Auction. (Pujji, Ramnik)
March 25, 2010 Opinion or Order Filing 408 MINUTES (IN CHAMBERS): ORDER by Judge Philip S. Gutierrez: RECEIVER ROBERT P MOSIER'S MOTION FOR ORDERHOLDING PROTECTIVE LIFE INSURANCE COMPANY IN VIOLATION OF PRELIMINARY INJUNCTION AND STRIKING OR REQUIRING THE DISMISSAL OF PENDING LAWSUITS E-FILED 02-12-10 (DOC. 384); NOTICE OF MOTION OF PROTECTIVE LIFE INSURANCE COMPANY (PLAINTIFF IN CV 09-7512 PSG (Ex) FOR LEAVE TO SUE RECEIVER ROBERT P. MOSIER IN HIS CAPACITY AS TRUSTEE OF THE LUPE MARTINEZ IRREVOCABLE TRUST NUNC PRO TUNC TO 10/15/09 E-FILED 02-12-10 (DOC. 382); NOTICE OF MOTION OF PROTECTIVE LIFE INSURANCE COMPANY (PLAINTIFF IN CV 09-7512 PSG (Ex) FOR LEAVE TO SUE RECEIVER ROBERT P. MOSIER IN HIS CAPACITY AS TRUSTEE OF THE LUZ CERVANTES IRREVOCABLE TRUSTNUNC PRO TUNC TO 11/30/09 E-FILED 02-12-10 (DOC. 383); Counsel are advised that the above-referenced motion(s) set for hearing on March 29, 2010 are taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. #382 ; #383 ; #384 (lw)
March 22, 2010 Filing 404 OPPOSITION in opposition re: MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities #393 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
March 22, 2010 Filing 403 OPPOSITION re: MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities #393 filed by Plaintiff Securities and Exchange Commission. (Wynn, Paris)
March 17, 2010 Filing 407 SEALED DOCUMENT- PROOF OF SERVICE (mat)
March 17, 2010 Filing 406 SEALED DOCUMENT- Order Granting Receiver's Application to File Under Seal Confidential Asset List. (mat)
March 17, 2010 Filing 405 SEALED DOCUMENT- Application to File Under Seal Confidential Asset List. (mat)
March 17, 2010 Filing 402 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File Under Seal; Proposed Order and Proof of Service. (Pujji, Ramnik)
March 15, 2010 Filing 401 REPLY in support of MOTION for Order for Holding Protective Life Insurance Compnay in Violation of Preliminary Injunction and Striking or Requiring the Dismissal of Pending Lawsuits #384 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
March 15, 2010 Filing 400 REPLY Support MOTION for Leave to to Sue Receiver Robert P. Mosier in his capacity as Receiver for the Trustee of the Luz Cervantes Irrevocable Trust #383 , MOTION for Leave to to Sue Receiver Robert P. Mosier in his capacity as Receiver for the Trustee of the Lupe Martinez Irrevocable Trust #382 filed by Movant Protective Life Insurance Company. (LeSage, Bernard)
March 11, 2010 Filing 399 STATUS REPORT (RECEIVER'S ADDENDUM TO THE SIXTH STATUS REPORT); DECLARATION OF ROBERT P. MOSIER filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
March 10, 2010 Opinion or Order Filing 398 ORDER ON RECEIVER'S MOTION FOR ORDER APPROVING CROSS-BORDER MEMORANDA OF UNDERSTANDING by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED: 1. The Memorandum of Understanding between the Receiver, on behalf of PEMGroup affiliate GVEC Resource IV Inc., and Nicholas Carter of PricewaterhouseCoopers (BVI) Limited and Anthony boswell of PricewaterhouseCoopers, Hong Kong, as Joint Liquidators of GVEC Resource IV Inc., is hereby confirmed and approved. 2. The Memorandum of Understanding between Receiver, on behalf of PEMGroup affiliate GVEC Acquistions Inc., and Nicholas Carter of PricewaterhouseCoopers (BVI) Limited and Victor Jong of PricewaterhouseCoopers, PRC, as Joint Liquidators of GVEC Acquisitions Inc., is hereby confirmed and approved. #369 Motion for Order; MARCH 15TH HEARING VACATED. (lw)
March 10, 2010 Opinion or Order Filing 397 ORDER by Judge Philip S. Gutierrez granting #367 Receiver's Motion for Order Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property: The Court, having considered the Receiver's Motion for Order Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property ("Motion") brought by Robert P. Mosier (the "Receiver"), the permanent receiver of Private Equity Management Group, LLC, Private Equity Management Group, Inc. and any subsidiaries and affiliates thereof (collectively "PEMGroup"), and good cause appearing therefor, IT IS HEREBY ORDERED as follows: 1. The Court grants the Receiver the authority to sell the following parcels or groups of parcels of real property identified in the moving papers by public auction or, at his discretion, by privately negotiated sale in accordance with the procedures set forth in the Courts November 20, 2009 Order (Dkt. # 315): (see document for further details). (bm)
March 8, 2010 Filing 396 Protective Life Insurance's Opposition re: MOTION for Order for Holding Protective Life Insurance Compnay in Violation of Preliminary Injunction and Striking or Requiring the Dismissal of Pending Lawsuits #384 filed by Movant Protective Life Insurance Company. (Ormond, Richard)
March 8, 2010 Filing 395 OPPOSITION in opposition to re: MOTION for Leave to to Sue Receiver Robert P. Mosier in his capacity as Receiver for the Trustee of the Luz Cervantes Irrevocable Trust #383 , MOTION for Leave to to Sue Receiver Robert P. Mosier in his capacity as Receiver for the Trustee of the Lupe Martinez Irrevocable Trust #382 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
March 5, 2010 Filing 394 APPLICATION for Attorney Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nick Morgan, #3 Proposed Order)(Briones, Joshua)
March 1, 2010 Filing 393 NOTICE OF MOTION AND MOTION to Certify Order for Interlocutory Appeal Under 28 U.S.C. 1292(b); Memorandum of Points and Authorities filed by Defendant, Special Administrator of the Estate of Danny Pang Alex Pang. Motion set for hearing on 4/12/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Schindler, David)
February 26, 2010 Filing 392 REPLY in support of MOTION for Order for Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property #367 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
February 26, 2010 Filing 391 REPLY in support of MOTION for Order for Approving Cross-Border Memoranda of Understanding #369 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
February 26, 2010 Filing 390 STATUS REPORT (SIXTH) filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Exhibit (s) A-E to the Receiver's Sixth Status Report)(Pujji, Ramnik)
February 23, 2010 Opinion or Order Filing 389 ORDER by Judge Philip S. Gutierrez: Having considered the Receiver's Application for Fees and Cost #386 . Mosier & Co. 1. Fees and expenses for the Receiver for the period December 2009 are allowed in the sum of $124,784.74 2. The Receiver is authorized to pay himself $124,784.74 in fees and expenses. Kirk S. Rense, Esq. 3. Fees and expenses for Kirk S. Rense, Esq. for the period December2009 are allowed in the sum of $212.00. 4. The Receiver is authorized to pay Kirk S. Rense, Esq. $212.00. Grant Thornton LLP 5. Fees and expenses for Grant Thornton LLP for the period December 2009 are allowed in the sum of $3,401.75.6. The Receiver is authorized to pay Grant Thornton LLP $3,401.75. Ogier7. Fees and expenses for Ogier for the period August, October and December 2009 are allowed in the sum of $25,488.29. 8. The Receiver is authorized to pay Ogier $25,488.29. DLA Piper LLP (US) and DLA Piper UK LLP 9. Fees and costs for DLA Piper for the period December 2009 are allowed in the sum of $136,434.14 and $7,824.12, respectively. 10. The Receiver is authorized to pay DLA Piper $144,258.26. (ir)
February 22, 2010 Filing 388 NOTICE of Change of Attorney Information for attorney Oren Bitan counsel for Movant Protective Life Insurance Company. Adding Oren Bitan as attorney as counsel of record for Protective Life Insurance Company for the reason indicated in the G-06 Notice. Filed by Plaintiff Protective Life Insurance Companu (Bitan, Oren)
February 19, 2010 Filing 387 NOTICE of Change of Attorney Information for attorney Oren Bitan counsel for Movant Protective Life Insurance Company. Adding Oren Bitan as attorney as counsel of record for Protective Life Insurance Company for the reason indicated in the G-06 Notice. Filed by Defendant Protective Life Insurance Company (Bitan, Oren)
February 19, 2010 Filing 386 APPLICATION for Attorney Fees and Costs for December, 2009 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nick Morgan, #3 Proposed Order)(Briones, Joshua)
February 12, 2010 Filing 385 MEMORANDUM in Support of MOTION for Order for Holding Protective Life Insurance Compnay in Violation of Preliminary Injunction and Striking or Requiring the Dismissal of Pending Lawsuits #384 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
February 12, 2010 Filing 384 NOTICE OF MOTION AND MOTION for Order for Holding Protective Life Insurance Compnay in Violation of Preliminary Injunction and Striking or Requiring the Dismissal of Pending Lawsuits filed by receiver Mosier & Company, Inc.. Motion set for hearing on 3/29/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Nick S. Pujji, #3 Proposed Order)(Pujji, Ramnik)
February 12, 2010 Filing 383 NOTICE OF MOTION AND MOTION for Leave to to Sue Receiver Robert P. Mosier in his capacity as Receiver for the Trustee of the Luz Cervantes Irrevocable Trust filed by Plaintiff in Related Case Protective Life Insurance Company. Motion set for hearing on 3/29/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Kevin C. Gray, #2 Exhibit to Gray Declaration, #3 Declaration of Rachael H. Berman, #4 Exhibit 1-4 of Berman Declaration, #5 Proposed Order Granting Motion for Leave)(Ormond, Richard)
February 12, 2010 Filing 382 NOTICE OF MOTION AND MOTION for Leave to to Sue Receiver Robert P. Mosier in his capacity as Receiver for the Trustee of the Lupe Martinez Irrevocable Trust filed by Plaintiff in Related Case Protective Life Insurance Company. Motion set for hearing on 3/29/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Kevin C. Gray, #2 Exhibit 1 to Gray Declaration, #3 Declaration of Rachael H. Berman, #4 Exhibit 1-4 of Berman Declaration, #5 Proposed Order Granting Motion for Leave)(Ormond, Richard)
February 12, 2010 Opinion or Order Filing 381 ORDER by Judge Philip S. Gutierrez on MOTION for Order Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 . IT IS HEREBY ORDERED as follows: 1. The Preliminary Injunction entered by the Court on August 4, 2009 in this case granted the Receiver access to and control of all property of the Defendants in this action, including Private Equity Management Group, LLC, Private Equity Management Group, Inc. and any subsidiaries and affiliates thereof, and Danny Pang. (See document for further details). (mg)
February 12, 2010 Opinion or Order Filing 380 ORDER by Judge Philip S. Gutierrez on Receiver's #350 Motion for Confirmation of the Arebalo and Rafipoor Property Sales. 1) The Receiver's sale of the Arebalo property to Mike Abghari, or assigns is hereby confirmed and approved. 2) The Receivers's sale of the Rafipoor property, to Calvin Nguyen, or assigns, is hereby confirmed and approved. 3) These sales are consistent and in compliance with this Court's 11/20/09 Order, Docket #315. (mg)
February 8, 2010 Filing 378 REPLY in support of MOTION for Order for CONFIRMATION OF THE AREBALO AND RAFIPOOR PROPERTY SALES #350 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
February 5, 2010 Filing 379 NOTICE of Appearance by Howard Coblentz with Attached Report of Real Estate Ownership in Costa Rica. (bm)
February 5, 2010 Filing 377 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/2/10 1:30 PM (Baird, Miriam)
February 5, 2010 Filing 376 TRANSCRIPT for proceedings held on 2/2/10. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. 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 2/26/2010. Redacted Transcript Deadline set for 3/8/2010. Release of Transcript Restriction set for 5/6/2010. (Baird, Miriam)
February 2, 2010 Filing 373 RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronically filed documents: The document is accepted as filed RE: MOTION for Order for Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property #367 , MOTION for Order for Approving Cross-Border Memoranda of Understanding #369 (ir)
February 1, 2010 Filing 375 SEALED DOCUMENT- Proof of Service (mat)
February 1, 2010 Filing 374 SEALED DOCUMENT- Confidential Declaration of Robert P. Mosier in Support of Receiver's Motion for Order Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property. (mat)
February 1, 2010 Filing 372 MINUTES OF IN CHAMBERS ORDER Granting the SEC's Motion to Substitute Alex Pang As Party Defendant #326 held before Judge Philip S. Gutierrez: For the foregoing reasons, the Court GRANTS the SEC's motion to substitute Alex Pang as a party defendant. (see document for further details) (bm)
February 1, 2010 Filing 371 MINUTES: PLAINTIFF'S MOTION TO SUBSTITUTE ALEX PANG (THE SPECIAL ADMINISTRATOR OF THE ESTATE OF DANNY PANG) AS A PARTY DEFENDANT FILED 12-03-09 (DOC. 326) Matter called and counsel are present. The Court hears oral argument on the above-referenced motion, and takes the motion Under Submission.Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
February 1, 2010 Filing 370 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Motions and supporting documents #367 , #368 , #369 . Motion hearings are noticed for a date and time 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)
January 29, 2010 Filing 369 NOTICE OF MOTION AND MOTION for Order for Approving Cross-Border Memoranda of Understanding filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 3/15/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Motion for Order, #2 Declaration of Robert P. Mosier in support of Motion for Order, #3 Declaration of Nick Pujji in support of Motion for Order, #4 Proposed Order on Receiver's Motion for Order)(Pujji, Ramnik)
January 29, 2010 Filing 368 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Confidential Declaration of Robert P. Mosier in support of Receiver's Motion for Order Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property. (Pujji, Ramnik)
January 29, 2010 Filing 367 NOTICE OF MOTION AND MOTION for Order for Approving Additional Sales of Property and Further Setting Procedures for the Sale of Personal Property filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 3/15/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Order, #2 Declaration of Nick S. Pujji in support of Motion for Order, #3 Proposed Order on Receiver's Motion for Order)(Pujji, Ramnik)
January 19, 2010 Filing 366 REPLY in Support of MOTION to Substitute Alex Pang (The Special Administrator of the Estate of Danny Pang) as a Party Defendant for Defendant Danny Pang MOTION to Substitute Alex Pang (The Special Administrator of the Estate of Danny Pang) as a Party Defendant for Defendant Danny Pang #326 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Paris A. Wynn)(Wynn, Paris)
January 15, 2010 Filing 365 NOTICE of Change of Attorney Information for attorney Robert Alexander Pilmer counsel for Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp.. Adding R. Alexander Pilmer as attorney as counsel of record for Hua Nan Commercial Bank LTD. and Hua Nan Investment Trust Corp. for the reason indicated in the G-06 Notice. Filed by Amici Curiae Hua Nan Commercial Bank Ltd. and Hua Nan Investment Trust Corp. (Pilmer, Robert)
January 15, 2010 Opinion or Order Filing 364 ORDER ON THE RECEIVERS APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez: granting #359 Application for Attorney Fees: Mosier & Co.: Fees and expenses for the Receiver for the period November 2009 are allowed in the sum of $113,058.26. The Receiver is authorized to pay himself $113,058.26 in fees and expenses; Kirk S. Rense, Esq: Fees and expenses for Kirk S. Rense, Esq. for the period November 2009 are allowed in the sum of $3,815.92. The Receiver is authorized to pay Kirk S. Rense, Esq. $3,815.92; Grant Thornton LLP: Fees and expenses for Grant Thornton LLP for the period November 2009 are allowed in the sum of $3,401.75; The Receiver is authorized to pay Grant Thornton LLP $3,401.75. DLA Piper LLP (US) and DLA Piper Hong Kong: Fees and costs for DLA Piper for the period November 2009 areallowed in the sum of $220,354.36 and $3,189.87, respectively. The Receiver is authorized to pay DLA Piper $223,544.23. (rrey)
January 15, 2010 Filing 363 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: RE: [Proposed] Order #361 . Incorrect event selected. Correct event to be used is Notices-Notice of Lodging. A stand-alone proposed order should 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. (bm)
January 15, 2010 Filing 362 Administrator Alex Pangs Objection to Proposed Order on Motion for Permitting Sale of Properties Pledged by Defendant Danny Pang, Pre-Approving, and Confirming Sales of Pledged Property Opposition re: MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 filed by Defendant Danny Pang. (Schindler, David)
January 14, 2010 Filing 361 [PROPOSED] ORDER ON MOTION FOR ORDER PERMITTING SALE OF PROPERTIES PLEDGED BY DEFENDANT DANNY PANG, AND PRE-APPROVING AND CONFIRMING SALES OF PLEDGED PROPERTY re MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
January 11, 2010 Filing 360 Estate of Danny Pangs Partial Opposition to Plaintiff Securities and Exchange Commissions Motion to Substitute Alex Pang (The Special Administrator of the Estate of Danny Pang) as a Party Defendant Opposition re: MOTION to Substitute Alex Pang (The Special Administrator of the Estate of Danny Pang) as a Party Defendant for Defendant Danny Pang MOTION to Substitute Alex Pang (The Special Administrator of the Estate of Danny Pang) as a Party Defendant for Defendant Danny Pang #326 filed by Defendant Danny Pang. (Schindler, David)
January 8, 2010 Filing 359 APPLICATION for Attorney Fees and Costs for November, 2009 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order)(Briones, Joshua)
January 7, 2010 Opinion or Order Filing 358 MINUTES: (In Chambers) Nunc Pro Tunc Order correcting Clerical Error; On November 20, 2009, the Court issued its Order Granting in Part and Denying inPart the Receivers Motion for Order Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #314 . See Dkt. # 314. On page three of that Order, at footnote 3, the Court identified the Concurrent Order as docket entry # 311. The Concurrent Order is, in fact, docket entry # 315 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
January 7, 2010 Filing 357 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez Granting in Part and Denying in Part the Receiver's Motion for Order Permitting Sale of Properties Pledged by Defendant Danny Pang and Pre-Approving and Confirming Sales of Pledged Property #287 : For the foregoing reasons, the Court GRANTS the Receiver's request for permission to sell the properties pledged by Defendant Danny Pang in a manner consistent with this Court's previous orders, DENIES the Receiver's request for "pre-approval" of sales of real property pledged by Defendant Pang, and GRANTS the Receiver's request for confirmation of the transaction involving the Hush Restaurant property. Within seven days of the date of entry of this Order, the Receiver is to submit a proposed order consistent with this Order and those issued by the Court on November 20, 2009 (see Dkt. # 314, # 315). (see document for further details) (bm)
January 4, 2010 Filing 356 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Application for Leave to File Response #355 . Incorrect event selected. Correct event is Application-Leave to File 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)
December 31, 2009 Filing 355 Application For Leave To File Response To Declaration Of Wilbur B. Quon In Support Of Receivers Motion For Order Permitting Sale Of Properties Pledged By Defendant Danny Pang, And Pre-Approving And Confirming Sales Of Pledged Property re: MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 (Attachments: #1 Response To Declaration Of Wilbur B. Quon In Support Of Receivers Motion For Order Permitting Sale Of Properties Pledged By Defendant Danny Pang, And Pre-Approving And Confirming Sales Of Pledged Property, #2 Proposed Order)(Schindler, David)
December 29, 2009 Filing 354 DECLARATION of Wilbur B. Quon in support of MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
December 22, 2009 Filing 352 MINUTES OF IN CHAMBERS ORDER DIRECTING THE RECEIVER TO SUBMIT DECLARATION held before Judge Philip S. Gutierrez: In its November 30, 2009 Response to the Estate of Danny Pangs Omnibus Opposition, the Receiver states: As a preliminary matter, the Receiver already has physical possession of the certificates for the pledged securities. Response 3:20-21. The Receiver is hereby ordered to submit a declaration to support this assertion within seven days of the date of entry of this order. re: Response in Support of Motion, #320 . (lw)
December 22, 2009 Opinion or Order Filing 351 ORDER GRANTING APPLICATION FOR LEAVE TO FILE DECLARATION OF NOELLE M. TOMP IN RESPONSE TO RECEIVER'S REPLY TO ESTATE OF PANG'S OMNIBUS OPPOSITION by Judge Philip S. Gutierrez: granting #349 Estate of Danny Pang's Application for Leave to FileDeclaration of Noelle M. Tomp in Response to Receivers Reply to Estate of Pangs Omnibus Opposition (Doc. No. 349) is hereby GRANTED. (lw)
December 22, 2009 Filing 350 NOTICE OF MOTION AND MOTION for Order for CONFIRMATION OF THE AREBALO AND RAFIPOOR PROPERTY SALES filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 2/22/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Motion, #2 Declaration Declaration of Michael Walter in support of Motion, #3 Proposed Order on Receiver's Motion for Confirmation of the Arebalo and Rafipoor Property Sales)(Pujji, Ramnik)
December 21, 2009 Opinion or Order Filing 353 MINUTES: RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER PERMITTING SALE OF PROPERTIES PLEDGED BY DEFENDANT DANNY PANG, AND PRE-APPROVING AND CONFIRMING SALES OF PLEDGED PROPERTY FILED 10-27-09 #287 ; Case called. The Court hears oral argument regarding the above-referenced motion. The Court takes the motion under submission by Judge Philip S. Gutierrez. Court Reporter: Miriam Baird. (ir)
December 21, 2009 Filing 349 APPLICATION for Leave to File Declaration of Noelle M. Tomp in Response to Receiver's Reply to Estate of Pang's Omnibus Opposition to Receiver Robert P. Mosier's Motions Permitting Sale of Properties Pledged by Defendant Pang filed by Defendant Danny Pang. Application set for hearing on 12/21/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Noelle M. Tomp)(Regenstreif, Jacob)
December 17, 2009 Filing 348 STATUS REPORT (FIFTH) filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
December 16, 2009 Opinion or Order Filing 347 MINUTES (IN CHAMBERS): Order DENYING E-Suites Hotels, LLC's Ex Parte Applicationi for leave to file suit against Receiver #339 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
December 16, 2009 Opinion or Order Filing 346 MINUTES (IN CHAMBERS): Order DENYING Protective Life Insurance Company's Ex Parte Application for leave to Sue Receiver #317 IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
December 11, 2009 Filing 345 OPPOSITION TO re: EX PARTE APPLICATION for Leave to 1. ORDER GRANTING PLAINTIFF LEAVE TO FILE COMPLAINT AS AGAINST THE RECEIVER ROBERT P. MOSIER; OR IN THE ALTERNATIVE, PERMITTING PLAINTIFF TO FILE THE [PROPOSED] COMPLAINT TO PRESERVE ITS CONTRACTUAL RIGHTS; AND 2. FOR EX PARTE APPLICATION for Leave to 1. ORDER GRANTING PLAINTIFF LEAVE TO FILE COMPLAINT AS AGAINST THE RECEIVER ROBERT P. MOSIER; OR IN THE ALTERNATIVE, PERMITTING PLAINTIFF TO FILE THE [PROPOSED] COMPLAINT TO PRESERVE ITS CONTRACTUAL RIGHTS; AND 2. FOR #339 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Edward Totino)(Pujji, Ramnik)
December 11, 2009 Filing 344 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Ex Parte Application for Leave to File Complaint #338 . Ex Parte Applications are not noticed for hearing. Proposed order was not submitted as a separate attachment to the Ex Parte application. 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 10, 2009 Filing 341 PROOF OF SERVICE filed by proposed plaintiff E-Suites Hotels, LLC, re EX PARTE APPLICATION #339 served on 12/10/09. (bm)
December 10, 2009 Filing 340 DECLARATION of Timothy P. Peabody in support of EX PARTE APPLICATION FOR 1. ORDER GRANTING PLAINTIFF LEAVE TO FILE COMPLAINT AS AGAINST THE RECEIVER ROBERT P. MOSIER; OR IN THE ALTERNATIVE, PERMITTING PLAINTIFF TO FILE THE [PROPOSED] COMPLAINT TO PRESERVE ITS CONTRACTUAL RIGHTS; AND 2. FOR AN INJUNCTION; POINTS AND AUTHORITIES; SUPPORTING DECLARATION; [PROPOSED] ORDER; [PROPOSED] COMPLAINT #339 , filed by Movant E-Suites Hotels, LLC. (bm)
December 10, 2009 Filing 339 EX PARTE APPLICATION FOR 1. ORDER GRANTING PLAINTIFF LEAVE TO FILE COMPLAINT AS AGAINST THE RECEIVER ROBERT P. MOSIER; OR IN THE ALTERNATIVE, PERMITTING PLAINTIFF TO FILE THE [PROPOSED] COMPLAINT TO PRESERVE ITS CONTRACTUAL RIGHTS; AND 2. FOR AN INJUNCTION; POINTS AND AUTHORITIES; SUPPORTING DECLARATION; [PROPOSED] ORDER; [PROPOSED] COMPLAINT, filed by proposed plaintiff E-Suites Hotels, LLC. (bm)
December 10, 2009 Filing 338 APPLICATION for Leave to File Summons/Complaint filed by [Proposed] Plaintiff Timothy P. Peabody, Esq.. Application set for hearing on 12/10/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Peabody, Timothy)
December 10, 2009 Filing 337 NOTICE of Manual Filing of Ex Parte Application; Declaration; Proposed Complaint; Proposed Order; Proof of Service; Exhibits. (Peabody, Timothy)
December 7, 2009 Filing 343 SEALED DOCUMENT- Order on Receiver's Unopposed Motion for Approval of Commutation Agreement with Reinsurer. (mat)
December 7, 2009 Filing 342 SEALED DOCUMENT- Notice of Unopposed Motion and Motion for Approval of Commutation Agreement with Reinsurer. (Attachments: Part 2)(mat)
December 7, 2009 Filing 336 SEALED DOCUMENT - ORDER GRANTING Receiver Robert P. Mosier's Ex Parte Application for An Order Shortening Time and a Expedited Hearing Date on Receiver's Unopposed Motion for Approval of Commutation Greement with Reinsurer. (lra)
December 7, 2009 Filing 335 SEALED DOCUMENT - ORDER On Unpposed Application to File Under Seal Receiver's Unopposer Motion for Approval of Commutation Agreement with Reinsurer and Supporting Documents. (lra)
December 7, 2009 Filing 334 SEALED DOCUMENT - UNOPPOSED APPLICATION To File Under Seal Receiver's Unopposed Motion for Approval of Cummutation Agreement with Reinsurer and Supporting Documents. (lra)
December 4, 2009 Opinion or Order Filing 331 ORDER by Judge Philip S. Gutierrez granting #322 Receiver's Application for Approval of Fees and Costs: Mosier & Co.: Fees and expenses for the Receiver for the period October 2009 are allowed in the sum of $143,845.36. The Receiver is authorized to pay himself $143,845.36 in fees and expenses. Kirk S. Rense, Esq.: Fees and expenses for Kirk S. Rense, Esq. for the period October 2009 are allowed in the sum of $17,940.50. The Receiver is authorized to pay Kirk S. Rense, Esq. $17,940.50. Grant Thornton LLP: Fees and expenses for Grant Thornton LLP for the period October 2009 are allowed in the sum of $10,135.60. The Receiver is authorized to pay Grant Thornton LLP $10,135.60. DLA Piper LLP (US) and DLA Piper UK LLP: Fees and costs for DLA Piper for the period October 2009 are allowed in the sum of $203,335.56 and $4,620.13, respectively. The Receiver is authorized to pay DLA Piper $207,955.69. The Receiver is authorized to pay DLA Piper $207,955.69. (bm)
December 4, 2009 Opinion or Order Filing 330 MINUTES: STATUS CONFERENCE RE: RECEIVER'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME AND AN EXPEDITED HEARING DATE ON RECEIVER'S UNOPPOSED MOTION FOR APPROVAL OF COMMUTATION AGREEMENT WITH REINSURER FILED UNDER SEAL 12-02-09; The case is called and counsel are present. The Court questions counsel regarding the above-referenced ex parte and declaration filed under seal on December 2, 2009. The matter is taken under submission. An order to be issued soon by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
December 4, 2009 Opinion or Order Filing 329 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #300 Application for Attorney Fees: The Court having considered the Application for Approval of Fees and Costs of the Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: Fees and expenses for the period of September 2009 for the Receivers are allowed in the sum of $138,867.82. The Receiver is authorized to pay himself $138,867.82 in fees and expenses. Kirk S. Rense, Esq.: Fees and expenses for Kirk S. Rense, Esq. are allowed in the sum of $2,358.50. The Receiver is authorized to pay Kirk S. Rense, Esq. $2,358.50. Grant Thornton LLP: Fees and expenses for Grant Thornton LLP are allowed in the sum of $17,997.76. The Receiver is authorized to pay Grant Thornton LLP $17,997.76. DLA Piper LLP (US) and DLA Piper UK LLP: Fees and costs for the period September 2009 for DLA Piper are allowed in the sum of $207,571.70 and $3,963.34, respectively. The Receiver is authorized to pay DLA Piper $211,534.04. (bm)
December 3, 2009 Filing 328 DECLARATION of William H. Knudson With Respect To Receiver's Motion For Orders Setting Procedures For Sales of Property... And Permitting Sale of Properties Pledged by Defendant Danny Pang... MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 , MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 filed by Movant Daily & Knudson Law Group. (Attachments: #1 Exhibit)(Hariton, Joe)
December 3, 2009 Filing 327 DECLARATION of William H. Knudson MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 , MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 filed by Movant Daily & Knudson Law Group. (Attachments: #1 Exhibit A through F)(Hariton, Joe)
December 3, 2009 Filing 326 NOTICE OF MOTION AND MOTION to Substitute Alex Pang (The Special Administrator of the Estate of Danny Pang) as a Party Defendant for Defendant Danny Pang filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 2/1/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Paris A. Wynn, #3 Proposed Order)(Wynn, Paris)
December 2, 2009 Filing 333 SEALED DOCUMENT - ORDER granting Application to File Under Seal (lra) Modified on 12/8/2009 (lra).
December 2, 2009 Filing 332 SEALED DOCUMENT - APPLICATION To File Under Seal Receiver Robert P. Mosier's Ex Parte Application for an Order Shortening Time and an Expedited Hearing Date on Receiver's Unopposed Motion for approval of Commutation Agreement with Reinsurer. (lra)
December 2, 2009 Filing 325 MINUTES OF IN CHAMBERS ORDER SETTING STATUS CONFERENCE held before Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, a status conference is hereby set for this Friday, December 4, 2009 at 2:00 p.m. The status conference is set to address Receiver's Ex Parte Application for an Order Shortening Time and an Expedited Hearing Date on Receiver's Unopposed Motion for Approval of Commutation Agreement with Reinsurer, filed under seal December 2, 2009. (bm)
December 1, 2009 Filing 324 SEALED DOCUMENT- Confidential Declaration of Edward D Totino regarding the bill rates charged to the Receiver. (mat)
December 1, 2009 Filing 323 MINUTES OF IN CHAMBERS ORDER Continuing Hearing Date on Receiver's Motion Re Sale of Pledged Properties held before Judge Philip S. Gutierrez: The hearing date on the Receiver's Motion for Order Permitting Sale of Properties Pledged by Defendant Danny Pang and Pre-Approving and Confirming Sales of Pledged Property (Dkt. # 287) is hereby continued from December 4, 2009 to December 21, 2009 at 1:30 p.m. (bm)
December 1, 2009 Filing 322 APPLICATION for Attorney Fees and Costs for October 2009 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Of Robert P. Mosier, #2 Exhibit A to Mosier Declaration, #3 Exhibit B and C to Mosier Declaration, #4 Declaration Of Nichlas Morgan, #5 Proposed Order)(Pujji, Ramnik)
December 1, 2009 Filing 321 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Declaration of Edward D. Totino. (Pujji, Ramnik)
November 30, 2009 Filing 320 RESPONSE IN SUPPORT of MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 , MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
November 25, 2009 Filing 319 OPPOSITION to re: EX PARTE APPLICATION for Leave to Sue Receiver Robert P. Mosier in his Capacity as Trustee of the Luz Cervantes Irrevocable Trust #317 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Edward D. Totino in support of Opposition to Ex Parte)(Pujji, Ramnik)
November 25, 2009 Filing 318 MINUTES OF IN CHAMBERS ORDER re RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER PERMITTING SALE OF PROPERTIES PLEDGED BY DEFENDANT DANNY PANG, AND PRE-APPROVING AND CONFIRMING SALES OF PLEDGED PROPERTY FILED 10-27-09 (DOC. 287) held before Judge Philip S. Gutierrez: PLEASE TAKE NOTICE that on the Court's own motion, the above-referenced matter is hereby continued from November 30, 2009 to Friday, December 4, 2009 at 1:30 p.m. (bm)
November 24, 2009 Filing 317 EX PARTE APPLICATION for Leave to Sue Receiver Robert P. Mosier in his Capacity as Trustee of the Luz Cervantes Irrevocable Trust filed by [Proposed] Plaintiff Protective Life Insurance Company. (Attachments: #1 Declaration of Kevin C. Gray, #2 Exhibit 1 of Gray Declaration, #3 Declaration of Rachael H. Berman, #4 Exhibit 1 of Berman Declaration, #5 Declaration of Oren Bitan, #6 Exhibit 1 and 2 of Bitan Declaration, #7 Proposed Order Proposed Order, #8 Exhibit [Proposed] Complaint)(Ormond, Richard)
November 23, 2009 Filing 316 Omnibus Opposition of Estate of Danny Pang to Receiver Robert P. Mosier re: MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 , MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 filed by Defendant Danny Pang. (Attachments: #1 Declaration of Jacob A. Regenstreif in Support Thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Schindler, David)
November 20, 2009 Opinion or Order Filing 315 ORDER Granting Motion for Order Setting Procedures for Sales of Property, Pre-approving Sales of Property, and Confirming Sales of Property #287 by Judge Philip S. Gutierrez. See order for details. (csi)
November 20, 2009 Opinion or Order Filing 314 MINUTES (IN CHAMBERS): Order GRANTING in part and DENYING in part the Receiver's Motion for Order Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property by Judge Philip S. Gutierrez: granting in part and denying in part #283 Motion for Order (bp)
November 20, 2009 Filing 313 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File under Seal Receiver Mosier's Ex Parte Application for Order Shortening Time; and Proposed Order. (Pujji, Ramnik)
November 20, 2009 Filing 312 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Unopposed Application to File Under Seal Receiver's Unopposed Motion for Approval of Commutation Agreement and [Proposed] Order. (Pujji, Ramnik)
November 19, 2009 Filing 311 DECLARATION of Robert P. Mosier in support of MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 (FILING CORRECTION) SUPPLEMENTAL DECLARATION OF ROBERT P. MOSIER filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order on Motion for Order Setting Procedures for Sales of Property, Pre-Approving Sales of Property, etc.)(Pujji, Ramnik)
November 19, 2009 Filing 310 DECLARATION of Robert P. Mosier in support of MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 SUPPLEMENTAL DECLARATION OF ROBERT P. MOSIER filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order on Motion for Order Setting Procedures for Sales of Property, Pre-Approving Sales of Property, etc.)(Pujji, Ramnik)
November 16, 2009 Filing 309 MINUTES OF RECEIVER ROBERT P. MOSIER'S MOTION FOR ORDER SETTING PROCEDURES FOR SALES OF PROPERTY, PRE-APPROVING SALES OF PROPERTY, AND CONFIRMING SALES OF PROPERTY FLD 10-13-09 (DOC # 283) held before Judge Philip S. Gutierrez: The Court hears oral argument regarding the above-referenced motion, and the ex parte application filed by the Estate of Danny Pang on November 13, 2009. The Court orders that counsel submit an omnibus brief by the close of business day on November 23, 2009. The mandatory chambers copy shall be delivered directly to chambers on November 23, 2009. The Court denies the ex parte application, takes the motion under submission, and orders counsel to submit a proposed order consistent with the Courts tentative ruling. Court Reporter: Miriam Baird. (bm)
November 13, 2009 Filing 308 OPPOSITION to EX PARTE APPLICATION to Continue HEARINGS ON RECEIVER ROBERT P. MOSIERS MOTIONS SETTING SALES PROCEDURES AND APPROVING SALES OF CERTAIN PROPERTIES from NOVEMBER 16, 2009 AND NOVEMBER 30, 2009 to TO BE DETERMINED BY THE COURT Re: MOTION for Order for P #306 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier in support of Opposition, #2 Declaration of Nick Pujji in support of Receiver's Opposition)(Pujji, Ramnik)
November 13, 2009 Filing 307 NOTICE OF ERRATA filed by Receiver Mosier & Company, Inc.. correcting MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 [SECOND CORRECTED PROPOSED] ORDER (Attachments: #1 Proposed Order)(Pujji, Ramnik)
November 13, 2009 Filing 306 EX PARTE APPLICATION to Continue HEARINGS ON RECEIVER ROBERT P. MOSIERS MOTIONS SETTING SALES PROCEDURES AND APPROVING SALES OF CERTAIN PROPERTIES from NOVEMBER 16, 2009 AND NOVEMBER 30, 2009 to TO BE DETERMINED BY THE COURT Re: MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 , MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 filed by Defendant Danny Pang. (Attachments: #1 Declaration of Jacob A. Regenstreif in Support Thereof with Exhibit 1 Attached, #2 Proposed Order, #3 Proof of Service)(Schindler, David)
November 10, 2009 Opinion or Order Filing 304 MINUTES: (In Chambers) Order RE TIS Wealth Management Limiteds Filing ofBriefs; Pursuant to the Courts inherent power to control its docket, see Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (1986), the Court hereby orders that from this date non-party TIS Wealth Management Limited must obtain the Courts leave before filing any briefs or other papers in the above-entitled action. Any such briefs or papers filed by TIS Wealth Management Limited without leave of Court will be stricken immediately upon filing IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
November 9, 2009 Filing 305 MINUTES: STATUS CONFERENC; The Court begins by questioning plaintiff regarding Danny Pangs notice of death, and plaintiff represents to the Court that a notice was filed shortly after Mr. Pangs passing. Plaintiffs counsel proceeds to update the Court on the status of the petition filed in Orange County Probate Court, and informs the Court that a motion to substitute Mr. Pang with either an executive or personal representative should be filed oon.The Court advises counsel that once plaintiff files the motion for substitution, another status conference will be set. The Court proceeds to confer with counsel regarding the receivers customary and ordinary rates, and directs counsel to inquire about rates for preferred clients by Judge Philip S. Gutierrez:Court Reporter: Miriam Baird. (ir)
November 9, 2009 Filing 303 REPLY in support of MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
November 6, 2009 Filing 302 REQUEST FOR JUDICIAL NOTICE REGARDING RECEIVER'S REPLY TO INVESTOR/AMICUS TIS WEALTH MANAGEMENT LIMITED'S RESPONSE TO RECEIVER'S FOURTH STATUS REPORT filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
November 6, 2009 Filing 301 REPLY filed by Receiver Mosier & Company, Inc. to Response (non-motion) #295 RECEIVER'S REPLY TO INVESTOR/AMICUS TIS WEALTH MANAGEMENT LIMITED'S RESPONSE TO RECEIVER'S FOURTH STATUS REPORT (Pujji, Ramnik)
November 6, 2009 Filing 300 APPLICATION for Attorney Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Nicolas Morgan, #3 Proposed Order on the Receiver's Application for Approval of Fees and Costs)(Briones, Joshua)
November 4, 2009 Filing 297 NOTICE OF ERRATA filed by Receiver Mosier & Company, Inc.. correcting MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property #287 Correcting Proposed Order on Motion (Briones, Joshua)
November 3, 2009 Opinion or Order Filing 296 ORDER ON THE RECEIVER'S APPLICATION FOR APPROVAL OF FEES AND COSTS by Judge Philip S. Gutierrez granting #281 Application for Attorney Fees ; finding as moot #294 Application for Attorney Fees: NOTE CHANGES MADE BY THE COURT. The Court having considered the Application for Approval of Fees and Costs of the Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Mosier & Co.: 1. Fees and expenses for the period August 2009 for the Receiver are allowed in the sum of $123,467.15. 2. The Receiver is authorized to pay himself $123,467.15 in fees and expenses. Ogier: 3. Fees and expenses for Ogier are allowed in the sum of $9,894.00. 4. The Receiver is authorized to pay Ogier $9,894.00. Kirk S. Rense, Esq.: 5. Fees and expenses for Kirk S. Rense, Esq. are allowed in the sum of $13,647.50. 6. The Receiver is authorized to pay Kirk S. Rense, Esq. $13,647.50. Grant Thornton LLP: 7. Fees and expenses for Grant Thornton LLP are allowed in the sum of $89,615.97. 8. The Receiver is authorized to pay Grant Thornton LLP $89,615.97. Alliance International Law Offices: 9. Fees and expenses for Alliance International Law Offices are allowed in the sum of $999.00. 10. The Receiver is authorized to pay Alliance Internationa Law Offices $999.00. DLA Piper LLP (US) and DLA Piper UK LLP: 11. Fees and costs for the period August 2009 for DLA Piper are allowed in the sum of $225,871.62 and $1,937.68, respectively. 6. The Receiver is authorized to pay DLA Piper $227,809.30. (bm)
November 3, 2009 Filing 295 RESPONSE filed by Intervenor Plaintiff TIS Wealth Management Limitedto Status Report #284 (Receiver's Fourth Status Report) (Palin, Mark)
November 2, 2009 Filing 294 APPLICATION for Attorney Fees and Cost for August 2009 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Exhibit A to Declaration of Robert P. Mosier, #3 Exhibit B to Mosier Declaration, #4 Exhibit C to Mosier Declaration, #5 Exhibit D to Mosier Declaration, #6 Exhibit E to Mosier Declaration, #7 Declaration of Nick Morgan Re Attorneys Fees, #8 Exhibit A to Morgan Declaration, #9 Proposed Order)(Briones, Joshua)
November 2, 2009 Filing 293 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-21-09 1:29 p.m (ha)
November 2, 2009 Filing 292 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Filing Transcript (G-46) 291 (ha)
November 2, 2009 Filing 291 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-21-09 #(ha)
November 1, 2009 Filing 290 TRANSCRIPT for proceedings held on 9/21/2009, 1:29 p.m.. Court Reporter/Electronic Court Recorder: Karen E. Kay, CSR, phone number 310.500.6838. 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 11/22/2009. Redacted Transcript Deadline set for 12/2/2009. Release of Transcript Restriction set for 1/30/2010. (Kay, Karen)
October 28, 2009 Filing 299 SEALED DOCUMENT - ORDER granting APPLICATION to File Under Seal Confidential Declaration of Robert R. Mosier Regarding Property Values and Minimum Sales Prices in Support of Receiver's Motion for Order Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-approving and Confirming Sales of Pledged Property (lra)
October 28, 2009 Filing 298 SEALED DOCUMENT - APPLICATION to File Under Seal Confidential Declaration of Robert R. Mosier Regarding Property Values and Minimum Sales Prices in Support of Receiver's Motion for Order Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-approving and Confirming Sales of Pledged Property.(lra)
October 27, 2009 Filing 289 NOTICE OF ERRATA filed by Receiver Mosier & Company, Inc.. correcting MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property #283 CORRECTING PROPOSED ORDER ON MOTION FOR ORDER SETTING PROCEDURES FOR SALES OF PROPERTY (Pujji, Ramnik)
October 27, 2009 Filing 288 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File Under Seal Confidential Declaration of Robert P. Mosier with Confidential Declaration (attached as Ex. A); and [Proposed] Order Granting Application to File Under Seal. (Pujji, Ramnik)
October 27, 2009 Filing 287 NOTICE OF MOTION AND MOTION for Order for Permitting Sale of Properties Pledged by Defendant Danny Pang, and Pre-Approving and Confirming Sales of Pledged Property filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 11/30/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Motion for Order, #2 Declaration of Robert P. Mosier in support of Receiver's Motion for Order, #3 Proposed Order on Motion for Order)(Pujji, Ramnik)
October 16, 2009 Filing 284 STATUS REPORT (FOURTH); Declaration of Robert P. Mosier filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
October 14, 2009 Filing 286 SEALED DOCUMENT- Order Granting Application to File Under Seal Confidential Declaration of Robert P. Mosier Regarding Property Values and Minimum Sales Prices in Support of Motion for Order Setting Procedures for Sale of Property, Pre-Approving Sales of Property, and Confirming Sales of Property. (mat)
October 14, 2009 Filing 285 SEALED DOCUMENT- Application to File Under Seal Confidential Declaration of Robert P. Mosier Regarding Property Values and Minimum Sales Prices in Support of Motion for Order Setting Procedures for Sale of Property, Pre-Approving Sales of Property, and Confirming Sales of Property. (mat)
October 13, 2009 Filing 283 NOTICE OF MOTION AND MOTION for Order for Setting Procedures for Sales of Property, Pre-Approving Sales of Property, and Confirming Sales of Property filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 11/16/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in Support of Receiver's Motion for Order, #2 Declaration of Robert P. Mosier in support of Receiver's Motion for Order, #3 Proposed Order on Motion for Order)(Pujji, Ramnik)
October 13, 2009 Filing 282 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Application to File Under Seal Confidential Declaration of Robert P. Mosier; and [Proposed] Order. (Pujji, Ramnik)
October 7, 2009 Filing 281 APPLICATION for Attorney Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Robert Mosier Declaration, #2 Exhibit Exhibit A to Mosier Declaration, #3 Declaration Exhibit B to Mosier Declaration, #4 Declaration Exhibit C to Mosier Declaration, #5 Exhibit Exhibit D to Mosier Declaration, #6 Exhibit Exhibit E to Mosier Declaration, #7 Declaration Declaration of Nicholas Morgan, #8 Exhibit Exhibit A to Morgan Declaration, #9 Proposed Order)(Briones, Joshua)
September 23, 2009 Opinion or Order Filing 279 ORDER by Judge Philip S. Gutierrez on Receiver's #260 Motion for Approval of Lease Termination and Month-to-Month Occupancy Agreement. It Is Hereby Ordered as follows: 1) The Lease Termination and Month-to-Month Occupancy Agreement dated 8/12/09 by and between the Irvine Company, LLC, and Robert P. Mosier solely in his capacity as Receiver of Private Equity Management Group LLC and Private Equity Management Group, Inc., is hereby approved; 2) All amounts due to the Irvine Company, LLC under Paragraph 4 of the Termination Agreement shall be administrative claims against the receivership estate payable on par with the attorneys' fees charged by the Receiver's legal counsel and other administrative expenses of the receivership; and 3) The fact that defendant Danny Pang did not oppose the Motion shall not be construed as Mr. Pang's withdrawing his objection ot the appointment of the Receiver and shall not constitute waiver of any right that Mr. Pang may have to appeal the Court's Order appointing the Receiver. (mg)
September 23, 2009 Opinion or Order Filing 278 ORDER by Judge Philip S. Gutierrez on Receiver's MOTION to Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) #258 . The following entities are affiliates of PEMGroup for purposes of application of 1) this Court's 4/27/09 Temporary Restraining Order and Orders appointing the Receiver as temporary receiver of Private Equity Management Group LLC and Private Equity Management Inc. and PEMGroup subsidiaries and affiliates, 2) this Court's 7/2/09 Order appointing the Receiver as permanent receiver of Private Equity Management Group LLC and Private Equity Management, Inc. and PEMGroup subsidiaries and affiliates, and 3) any preliminary injunction issued in this action: 1) Genesis Voyager Equity Corporation; 2) Equity Resource Management Limited (Nevada). (mg)
September 21, 2009 Opinion or Order Filing 280 ORDER by Judge Philip S. Gutierrez ON THE RECEIVER'S APPLICATION for approval of fees and costs #259 . Mosier & Co: Fees and expenses for the period July 2009 for the Receiver are allowed in the sum of $131,708.89; The Receiver is authorized to pay himself $131,708.39 in fees and expenses; Ogier: Fees and expenses for Ogier are allowed in the sum of $5,136.41; Receiver is authorized to pay Ogier $5,136.41; Kirk S Rense: Fees and expenses for Kirk S. Rense are allowed in the sum of $9,699.00; Receiver is authorized to pay Kirk S. Rense $9,699.00; DLA Piper LLP (US) and DLA Piper UK LLP: Fees and costs for the period July 2009 for DLA Piper LLP (US) are allowed in the sum of $145,413.50 and $4,248.69 respectively. Fees and costs for DLA Piper UK LLP are allowed in the sum of $8,078.40; The Receiver is authorized to pay DLA Piper $157,740.59. (ir)
September 21, 2009 Filing 277 MINUTES OF IN CHAMBERS Order Granting the Receiver's Motion to Clarify Scopeof Receivership Regarding GVEC and ERM Limited (Nevada) #258 held before Judge Philip S. Gutierrez: Based on the foregoing, the Court GRANTS the Receiver's Motion and, accordingly, finds that GVEC and ERM-Nevada are affiliates of PEMGroup for purposes of application of this Court's preliminary injunction. (see document for further details) (bm)
September 21, 2009 Opinion or Order Filing 276 ORDER ON PLAINTIFF'S UNOPPOSED MOTION TO REMOVE DANNY PANG'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT FROM THE COURT'S CALENDAR by Judge Philip S. Gutierrez, re MOTION #273 : The Court, having considered the Plaintiff's (1) Statement Noting the Death of Defendant Danny Pang; and (2) Unopposed Motion to Remove Defendant Danny Pangs Motion to Dismiss The Second Amended Complaint from the Courts Calendar, and good cause appearing therefore, IT IS HEREBY ORDERED AS FOLLOWS: 1. Defendant Danny Pang's Motion to Dismiss the Commission's Second Amended Complaint is removed from the Court's calendar, without prejudice to Mr. Pang's estate or successor-in-interest. 2. This matter is set for status on November 9, 2009 at 2:30 p.m.. (bm)
September 21, 2009 Filing 275 MINUTES OF PLAINTIFF'S MOTION FOR ORDER TO REMOVE DEFENDANT DANNY PANGS MOTION TO DISMISS OFF CALENDAR FILED 09-16-09 (DOC. 273); RECEIVER'S APPLICATION FOR ATTORNEYS FEES AND COSTS FILED 08-28-09 (DOC. 259); RECEIVER'S MOTION TO CLARIFY SCOPE OF RECEIVERSHIP REGARDING GVEC AND ERM LIMITED (NEVADA) FILED 08-24-09 (DOC. 258) Motion Hearing held before Judge Philip S. Gutierrez: The case is called and counsel are present. The Court and counsel confer. The Court hereby GRANTS Plaintiff's unopposed motion to removed Defendant Danny Pang's motion to dismiss off calendar #273 and sets a Status Conference for November 9, 2009 at 2:30 p.m. The Court hereby also GRANTS Receiver's Application for approval of fees and costs #259 . The Court further GRANTS Receiver's motion to clarify scope of Receivership regarding GVEC and ERM Limited (Nevada) #258 . Order to be issued. Court Reporter: Karen Kay. (bm)
September 16, 2009 Filing 274 Objection opposition re: MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) #258 (EVIDENTIARY OBJECTIONS) filed by Intervenor Plaintiff TIS Wealth Management Limited. (Attachments: #1 Amicus TIS Wealth's Evidentiary Objections to the Reply Declaration of Quon)(Palin, Mark)
September 16, 2009 Filing 273 NOTICE OF MOTION AND MOTION for Order for to Remove Defendant Danny Pang's Motion to Dismiss the Second Amended Complaint from the Court's Calendar and Statement Noting the Death of Defendant Danny Pang filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Unopposed Motion, #2 Declaration of Paris A. Wynn, #3 Proposed Order)(Wynn, Paris)
September 16, 2009 Filing 272 NOTICE OF ERRATA filed by Intervenor Plaintiff TIS Wealth Management Limited. correcting MEMORANDUM in Opposition to Motion,, #265 (Attachments: #1 Declaration (Second) of Michael Stoeckli in Support of TIS' Ntc of Errata)(Palin, Mark)
September 14, 2009 Filing 271 REPLY in support of MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) #258 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration Reply Declaration of Robert Mosier in support of Receiver's Motion to Clarify Scope, #2 Reply Declaration of Wilbur Quon in support of Receiver's Motion to Clarify Scope of Receivership regarding GVEC and ERM Limited (Nevada))(Pujji, Ramnik)
September 10, 2009 Opinion or Order Filing 270 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez granting #255 the Receiver's Motion for Instruction on Trust Merger Issue: Pending before the Court is the Receiver's Motion for Instruction on Trust Merger Issue. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. After considering the moving papers, the Court GRANTS the Receivers Motion. Based on the foregoing, the Court finds that the various trusts created by and/or affiliated with PEMGroup and PEMG LLC and/or its subsidiaries and/or affiliates will not terminate under the doctrine of merger as a result of the Receiver serving as trustee of the trusts. (see document for further details) (bm)
September 10, 2009 Filing 269 REPLY In Support Of APPLICATION for Attorney Fees and Costs #259 filed by Receiver Mosier & Company, Inc.. (Briones, Joshua)
September 8, 2009 Filing 268 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: TIS Wealth Management's Amicus Brief #265 . Incorrect event selected. Correct event is Miscellaneous Filings (Non-Motion)- Amicus Brief. Attachment #3, Request for Judicial Notice should be filed as a separate 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)
September 4, 2009 Filing 267 PARTIAL OBJECTION re: APPLICATION for Attorney Fees and Costs #259 filed by Defendant Danny Pang. (Attachments: #1 Declaration of Jacob A. Regenstreif, #2 Exhibit 1 to Regenstreif Declaration)(Schindler, David)
September 4, 2009 Filing 266 PARTIAL OPPOSITION re: MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) #258 filed by Defendant Danny Pang. (Schindler, David)
September 4, 2009 Filing 265 MEMORANDUM in Opposition to MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) #258 filed by Intervenor Plaintiff TIS Wealth Management Limited. (Attachments: #1 Declaration, #2 Exhibit, #3 Request for Judicial Notice, #4 Exhibit, #5 Exhibit, #6 Evidentiary Objections, #7 Evidentiary Objections, #8 Evidentiary Objections, #9 Declaration Declaration with Exhibits 1 thru 7)(Palin, Mark)
September 2, 2009 Opinion or Order Filing 264 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez denying #262 the Receiver's Ex Parte Petition for an Expedited Hearing on Receivers Unopposed Motion for Approval of Lease Termination and Month-to-Month Occupancy Agreement: For the foregoing reasons, then, the Court DENIES the Receivers ex parte Petition. (see document for further details) (bm)
September 1, 2009 Filing 263 REPLY in support of MOTION for Order for INSTRUCTION ON TRUST MERGER ISSUE #255 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
August 31, 2009 Filing 262 EX PARTE APPLICATION to Expedite HEARING DATE ON RECEIVER'S UNOPPOSED MOTION FOR APPROVAL OF LEASE TERMINATION AND MONTH-TO-MONTH OCCUPANCY AGREEMENT filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order, #2 Proof of Service by Fax)(Pujji, Ramnik)
August 31, 2009 Filing 261 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities in Support Thereof filed by Defendant Danny Pang. Motion set for hearing on 10/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of David J. Schindler in Support Thereof, #2 Proposed Order Granting Danny Pang's Motion to Dismiss Second Amended Complaint)(Schindler, David)
August 28, 2009 Filing 260 NOTICE OF MOTION AND MOTION for Order for APPROVAL OF LEASE TERMINATION AND MONTH-TO-MONTH OCCUPANCY AGREEMENT filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/28/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Receiver's Unopposed Motion, #2 Declaration of Robert Mosier in support of Receiver's Motion for Approval of Lease Termination and Month-to-Month Occupancy Agreement, #3 Declaration of Edward Totino in support of Receiver's Motion for Approval of Lease Termination and Month-to-Month Occupancy Agreement, #4 Proposed Order on Receiver's Motion for Approval of Lease Termination and Month-to-Month Occupancy Agreement)(Pujji, Ramnik)
August 28, 2009 Filing 259 APPLICATION for Attorney Fees and Costs filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert Mosier in support of Application for Payment of Fees and Costs, #2 Declaration of Nicolas Morgan in support of Receiver's Application for Approval of Fees and Costs, #3 Proposed Order on the Receiver's Application for Approval of Fees and Costs)(Pujji, Ramnik)
August 24, 2009 Filing 258 NOTICE OF MOTION AND MOTION for Order for To Clarify Scope of Receivership Regarding GVEC and ERM Limited (Nevada) filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/21/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memroandum of Points and Authorities in Support of Motion, #2 Declaration of Robert P. Mosier in Support of Motion, #3 Declaration of Wilbur B. Quon in Support of Motion, #4 Declaration of Nasar Aboubakare in Support of Motion, #5 Proposed Order)(Briones, Joshua)
August 20, 2009 Filing 257 NOTICE OF COMPLIANCE WITH 28 U.S.C. SECTION 754 filed by RECEIVER Mosier & Company, Inc.. (Pujji, Ramnik)
August 13, 2009 Opinion or Order Filing 256 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION for Order for RECEIVER'S MOTION FOR INSTRUCTION ON TRUST MERGER ISSUE #251 , for the following reasons: Hearing information is missing, incorrect, or not timely; The hearing date of 08/31 is closed. Counsel to re-file entire motion with the next available date for reconsideration. Please review the Judge's procedures and schedules on the court's web site. (ca)
August 12, 2009 Filing 255 NOTICE OF MOTION AND MOTION for Order for INSTRUCTION ON TRUST MERGER ISSUE filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 9/14/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Motion for Instruction on Trust Merger Issue, #2 Declaration of Robert P. Mosier, #3 Proposed Order on Receiver's Request for Instruction on Trust Merger Issue)(Pujji, Ramnik)
August 12, 2009 Filing 254 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Receiver's Motion for Instruction #251 . 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)
August 10, 2009 Filing 253 MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: Order Granting in Part and Denying in Part the Receiver's Motions for Further Clarification of Scope of Appointment #213 and #217 . The Court finds that the following entities are affiliates of PEMGroup for purposes of application of this Court's preliminary injunction: (see document for details). (mg)
August 10, 2009 Filing 252 SECOND AMENDED COMPLAINT against defendants Private Equity Management Group, Inc., Private Equity Management Group, LLC, Danny Pang amending First Amended Complaint #161 , filed by plaintiff Securities and Exchange Commission. (bm)
August 10, 2009 Filing 251 NOTICE OF MOTION AND MOTION for Order for RECEIVER'S MOTION FOR INSTRUCTION ON TRUST MERGER ISSUE filed by RECEIVER Mosier & Company, Inc.. Motion set for hearing on 8/31/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Robert P. Mosier, #3 Proposed Order)(Pujji, Ramnik)
August 5, 2009 Opinion or Order Filing 250 ORDER by Judge Philip S. Gutierrez denying #224 TIS Wealth Management Limited's Motion to Intervene: Based on the foregoing, the Court finds that TIS Wealth has not established that the Receiver is inadequately representing TIS Wealth's interests. Accordingly, the Court DENIES TIS Wealths Motion to Intervene. (see document for further details) (bm)
August 5, 2009 Filing 248 NOTICE of Issuance of Preliminary Injunction and Orders: (1) Freezing Assets; (2) Appointing a Permanent Receiver; (3) Repatriating Assets; (4) Requiring Accountings; (5) Prohibiting the Destruction of Documents; and (6) Surrendering the Passport of Danny Pang filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
August 5, 2009 Filing 247 TIS' Evidentiary OBJECTION to Declaration of Wilbur B. Quon in support of Motion to Further Clarify Scope, etc. re: MOTION to FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL GVEC ENTITIES #217 , MOTION to Amend and Further Clairfy Scope of Receivership Regarding Additional BVI Entities #213 filed by Intervenor Plaintiff TIS Wealth Management Limited. (Hurwitz, Andres)
August 4, 2009 Opinion or Order Filing 249 ORDER by Judge Philip S. Gutierrez granting #242 Reciver's Application for Approval of Fees and Costs in the amount of $402,184.47: The Court having considered the Application for Approval of Fees and Costs of the Receiver Robert P. Mosier (the "Receiver") and his professionals and any opposition thereto, and good cause appearing therefore, Moser & Co.: 1. Fees and expenses for the period June 2009 for the Receiver are allowed in the sum of $145,909.12. 2. The Receiver is authorized to pay himself $145,909.12 in fees and expenses. Ogier: 3. Fees and expenses for Ogier are allowed in the sum of $12,320.86. 4. The Receiver is authorized to pay Ogier $12,320.86. DLA Piper LLP (US, DLA Piper UK LLP and DLS Piper Hong Kong: 5. Fees and costs for the period June 2009 for DLA Piper are allowed in the sum of $178,903.00 and $3,960.12, respectively. Fees and costs for DLA Piper UK LLP and DLA Piper Hong King are allowed in the sum of $61,091.37. 6. The Receiver is authorized to pay DLA Piper $243,954.49. IT IS FURTHER ORDERED as follows: 7. The receiver may file future Applications for Approval of Fees and Costs without regard for the meet and confer requirement of Local Rule 7-3. 8. The Court may grant, deny or modify the amount of fees and costs identified in subsequent Applications for Approval of Fees and Costs without a hearing (unless specifically requested by a party). 9. Any party wishing to submit a written opposition brief to a future Application for Approval of Fees and Costs may do so on or before ten days from the filing by the Receiver of such an Application. (bm)
August 4, 2009 Opinion or Order Filing 246 PRELIMINARY INJUNCTION AND ORDERS: (1) FREEZING ASSETS; (2) APPOINTING A PERMANENT RECEIVER; (3) REPATRIATING ASSETS; (4) REQUIRING ACCOUNTINGS; (5) PROHIBITING THE DESTRUCTION OF DOCUMENTS; AND (6) SURRENDERING THE PASSPORT OF DANNY PANG by Judge Philip S. Gutierrez (see document for further details). (bm)
August 4, 2009 Filing 245 STATUS REPORT - Third With Declaration of Robert P. Mosier and Exhibits A-E filed by Receiver Mosier & Company, Inc.. (Briones, Joshua)
August 3, 2009 Filing 244 RESPONSE filed by Receiver Mosier & Company, Inc.to MEMORANDUM in Opposition to Motion, #236 , Objections - non-motion #221 CONSOLIDATED RESPONSE TO TIS' EVIDENTIARY OBJECTIONS TO MOSIER DECLARATIONS IN SUPPORT OF MOTIONS TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI AND GVEC ENTITIES (Pujji, Ramnik)
August 3, 2009 Filing 243 REPLY in support of MOTION to Amend and Further Clairfy Scope of Receivership Regarding Additional BVI Entities #213 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier, #2 Declaration of Wilbur B. Quon, #3 Declaration of Chihyuan Lien)(Pujji, Ramnik)
August 3, 2009 Filing 242 APPLICATION for Attorney Fees And Costs for June 2009 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order)(Briones, Joshua)
July 31, 2009 Filing 241 STIPULATION for Order Confirming Appointment of a Receiver for Inter Travel and Services, Inc. for Certain Purposes and Releasing Specific Pledge Agreement in Favor of GVEC IV 2006 D Trust filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Proposed Order)(Briones, Joshua)
July 31, 2009 Filing 240 MINUTES OF IN CHAMBERS ORDER re NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S MOTION TO INTERVENE MANUALLY FILED 07-20-09 (DOC. 224) held before Judge Philip S. Gutierrez: Counsel are advised that the above-referenced motion(s) set for hearing on August 3, 2009 is taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. (bm)
July 30, 2009 Filing 239 REPLY IN SUPPORT MOTION to Intervene #234 filed by Intervenor Plaintiff TIS Wealth Management Limited. (Attachments: #1 Declaration of M. Palin in Support of Reply Brief, #2 Evid Obj to Dec of Moiser in Supt of Opp to Mt to Intervene, #3 Proposed Order (Amended))(Palin, Mark)
July 28, 2009 Filing 238 DECLARATION re MEMORANDUM in Opposition to Motion, #237 Declaration of Robert P. Mosier in support of Receiver's Opposition to TIS Wealth Management Limited's Motion to Intervene filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
July 28, 2009 Filing 237 MEMORANDUM in Opposition to MOTION to Intervene #234 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nicolas Morgan in support of Receiver's Opposition to Non-Party TIS Wealth Management Limited's Motion to Intervene, #2 Declaration of Chihyuan Lien)(Pujji, Ramnik)
July 27, 2009 Filing 236 MEMORANDUM in Opposition to MOTION to FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL GVEC ENTITIES #217 filed by Intervenor Plaintiff TIS Wealth Management Limited. (Attachments: #1 Evid Obj. to Dec of Moiser in Supt of Mt to Further Clarify GVEC, #2 Proposed Order Denying Receiver's Mt to Further Clarify GVEC)(Palin, Mark)
July 27, 2009 Filing 235 Opposition in Opposition to re: MOTION to FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL GVEC ENTITIES #217 filed by Defendant Danny Pang. (Attachments: #1 Declaration of Jacob Regenstrief in Support Thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Schindler, David)
July 24, 2009 Filing 234 NOTICE OF MOTION AND MOTION to Intervene filed by Non-Party TIS Wealth Management Limited. Motion set for hearing on 8/3/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order re Non-Party TIS Wealth's Motion to Intervene, #2 Memo of Pand A in Support of Motion to Intervene, #3 Declaration of Edward Ho in Support of Motion to Intervene, #4 Exhibit A thru Q to Dec of Edward Ho in Support of Motion to Intervene)(Palin, Mark)
July 24, 2009 Opinion or Order Filing 233 MINUTES (IN CHAMBERS): Order Granting Non-Party TIS Wealth Management's Ex Parte Application #223 and Continuing the Receiver's to Amend and Further Clarify Scope of Receivership by Judge Philip S. Gutierrez: On July 20, 2009, non-party TIS Wealth Management Ltd. ("TIS Wealth") filed an ex parte application for an order shortening time to file a motion to intervene. After considering the moving and opposing papers, the Court hereby GRANTS the ex parte application. Accordingly, the Court sets the following schedule: The hearing on TIS Wealth's motion to intervene #224 will take place on August 3, 2009 at 1:30 p.m. in Courtroom 790. Moving papers and order on the ex parte application are to be filed and served by July 24, 2009 at 3 p.m. Opposition papers are to be filed and served by July 28, 2009 at 10 a.m. Mandatory chambers copies must also be delivered by July 28, 2009 at 10 a.m. Reply papers are to be filed and served by July 31, 2009 at 10.a.m. Mandatory chambers copies must also be delivered by July 31, 2009 at 10 a.m. Also, the Court hereby continues the Receiver's Motion to Amend and Further Clarify Scope of Receivership Regarding Additional BVI Entities. See Dkt. # 213. Accordingly, the Court sets the following schedule: The hearing on Receiver's Motion to Amend and Further Clarify Scope of Receivership Regarding Additional BVI Entities will take place on August 10, 2009 at 1:30 p.m. in Courtroom 790. The Receiver's reply papers are to be filed and served by August 3, 2009 at 5 p.m. Mandatory chambers copies must be delivered by August 4, 2009 at 12 p.m. (bm)
July 22, 2009 Filing 232 OPPOSITION to EX PARTE APPLICATION for Order for shortening time to file notice of motion and motion to intervene #223 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Nick S. Pujji in support of Receiver's Opposition to Non-Party TIS Wealth Management Ltd.'s Ex Parte Application for Order Shortening Time)(Pujji, Ramnik)
July 21, 2009 Filing 231 AMENDED PROOF OF SERVICE OF SERVICE RE: PLAINTIFF-IN-INTERVENTION AND INVESTOR TIS WEALTH'S PARTIAL OPPOSITION TO RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES #219 filed by intervenor plaintiff TIS Wealth Management Limited, served on 7/20/09. (bm)
July 21, 2009 Filing 230 AMENDED PROOF OF SERVICE RE: NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S MOTION TO INTERVENE #224 filed by intervenor plaintiff TIS Wealth Management Limited, served on 7/20/09. (bm)
July 21, 2009 Filing 229 AMENDED PROOF OF SERVICE RE: NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE NOTICE OF MOTION AND MOTION TO INTERVENE #223 filed by intervenor plaintiff TIS Wealth Management Limited served on 7/20/09. (bm)
July 20, 2009 Filing 228 MEMORANDUM OF POINTS AND AUTHORITES IN SUPPORT OF NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE NOTICE OF MOTION AND MOTION TO INTERVENE #223 filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 227 DECLARATION OF EDWARD C. HO IN SUPPORT OF NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE NOTICE OF MOTION AND MOTION TO INTERVENE #223 filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 226 DECLARATION OF EDWARD C. HO IN SUPPORT OF NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S MOTION TO INTERVENE #224 filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 225 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S NOTICE OF MOTION AND MOTION TO INTERVENE #224 filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 224 NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S NOTICE OF MOTION AND MOTION TO INTERVENE filed by intervenor plaintiff TIS Wealth Management Limited. Motion set for hearing on 8/17/2009 at 1:30 PM before Judge Philip S. Gutierrez. (bm)
July 20, 2009 Filing 223 NON-PARTY TIS WEALTH MANAGEMENT LIMITED'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE NOTICE OF MOTION AND MOTION TO INTERVENE filed by intervenor plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 222 PROOF OF SERVICE filed by plaintiff-in-intervention TIS Wealth Management Limited, re PLAINTIFF-IN-INTERVENTION AND INVESTOR TIS WEALTH'S PARTISL OPPOSITION TO RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITITES #219 , DECLARATION OF MARK T. PALIN IN SUPPORT OF PLAINTIFF-IN-INTERVENTION AND INVESTOR TIS WEALTH'S PARTIAL OPPOSITION TO RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES #220 , EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT P. MOSIER IN SUPPORT OF RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES #221 , [PROPOSED] ORDER DENYING IN PART RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES served on 7/20/09. (bm)
July 20, 2009 Filing 221 EVIDENTIARY OBJECTIONS TO DECLARATION OF ROBERT P. MOSIER IN SUPPORT OF RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 220 DECLARATION OF MARK T. PALIN IN SUPPORT OF PLAINTIFF-IN-INTERVENTION AND INVESTOR TIS WEALTH'S PARTIAL OPPOSITION TO RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES #219 filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 219 PLAINTIFF-IN-INTERVENTION AND INVESTOR TIS WEALTH'S PARTIAL OPPOSITION TO RECEIVER'S MOTION TO FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL BVI ENTITIES #213 filed by Intervenor Plaintiff TIS Wealth Management Limited. (bm)
July 20, 2009 Filing 218 MEMORANDUM in Opposition to MOTION to Amend and Further Clairfy Scope of Receivership Regarding Additional BVI Entities #213 filed by Defendant Danny Pang. (Attachments: #1 Declaration JACOB A. REGENSTREIF, #2 Exhibit 1)(Schindler, David)
July 20, 2009 Filing 217 NOTICE OF MOTION AND MOTION to FURTHER CLARIFY SCOPE OF RECEIVERSHIP REGARDING ADDITIONAL GVEC ENTITIES filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 8/10/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities in support of Receiver's Motion to Further Clarify Scope of Receivership Regarding Additional GVEC Entities, #2 Declaration of Robert P. Mosier in support of Receiver's Motion to Further Clarify Scope of Receivership Regarding Additional GVEC Entities, #3 Proposed Order on Receiver's Motion to Further Clarify Scope of Receivership Regarding Additional GVEC Entities)(Pujji, Ramnik)
July 17, 2009 Opinion or Order Filing 216 ORDER regarding Plaintiff's filing of its Second Amended complaint #215 by Judge Philip S. Gutierrez: The Plaintiff shall file their Second Amended Complaint on or before August 10, 2009. Defendants July 6, 2009 motion to dismiss #207 , as well as the associated briefing schedule, are dismissed and/or voided. (ir)
July 16, 2009 Filing 215 Joint STIPULATION for Order on Plaintiff's Filing of Its Second Amended Complaint filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Order)(Van Havermaat, David)
July 15, 2009 Filing 214 NOTICE of Dismissal of Motion to Quash Deposition of Defendant Danny Pang filed by Defendant Danny Pang. (Schindler, David)
July 13, 2009 Filing 213 NOTICE OF MOTION AND MOTION to Amend and Further Clairfy Scope of Receivership Regarding Additional BVI Entities filed by Receiver Mosier & Company, Inc.. Motion set for hearing on 8/3/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Wilbur B. Quon in Support of Motion to Further Clarify, #2 Mosier Declaration in Support of Motion to Further Clarify, #3 Proposed Order)(Briones, Joshua)
July 9, 2009 Filing 212 MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: Proceedings: Order Denying Danny Pang's Motion to Amend Order Freezing Assets to Release Attorney's Fees and Living Expenses #64 . The Court DENIES Pang's Motion to Amend the Order Freezing Assets to Release Attorney's Fees and Living Expenses, without prejudice. (mg)
July 8, 2009 Filing 211 NOTICE OF FILING TRANSCRIPTS filed for proceedings 5/8/09 9:00 am; 6/29/09 1:45 pm (Baird, Miriam)
July 8, 2009 Filing 210 TRANSCRIPT for proceedings held on 6/29/09 1:45 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. 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 the Court Reporter or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/29/2009. Redacted Transcript Deadline set for 8/8/2009. Release of Transcript Restriction set for 10/6/2009. (Baird, Miriam)
July 8, 2009 Filing 209 TRANSCRIPT for proceedings held on 5/08/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. 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 the Court Reporter or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/29/2009. Redacted Transcript Deadline set for 8/8/2009. Release of Transcript Restriction set for 10/6/2009. (Baird, Miriam)
July 6, 2009 Opinion or Order Filing 208 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Strike #199 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: Counsel shall review the Court's motion calendar for the next available motion hearing date. Please review the Judge's procedures and schedules on the court's web site regarding mandatory chambers copies. Further, all e-filed proposed orders shall be e-mailed to psg_chambers@cacd.uscourts.gov. (bm) Modified on 7/7/2009 (bm).
July 6, 2009 Filing 207 NOTICE OF MOTION AND MOTION to Dismiss Case MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendant Danny Pang. Motion set for hearing on 8/3/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration David J Schindler, #2 Proposed Order)(Schindler, David)
July 2, 2009 Opinion or Order Filing 206 ORDER ON RECEIVER'S REQUEST FOR INSTRUCTION by Judge Philip S. Gutierrez (see document for further details). (bm)
July 2, 2009 Filing 205 MINUTES OF IN CHAMBERS Order Granting the Receiver's Request for Further Instructions held before Judge Philip S. Gutierrez: Based on the foregoing, the Court GRANTS the Receiver's requests for further instructions as follows: A. With respect to GVEC Resource, Inc., GVEC Resource II, Inc., GVEC Resource III, Inc., GVEC Resource IV, Inc., the Receiver may terminate the services of Daily & Knudson Law Group LLC as trustee of the PEMGroup investments and may engage Asset Servicing Group LLC to act as the servicer with respect to the settlement, ongoing administration and servicing of the PEMGroup life insurance policy portfolio; and, B. The Receiver may change title of the following assets into the name of PEMGroup: a. 7942 Primrose Lane, Highland, CA 92346 b. 7955 Primrose Lane, Highland, CA 92346 c. 7941 Primrose Lane, Highland, CA 92346 d. 7917 Primrose Lane, Highland, CA 92346 e. 7913 Midhurst Lane, Highland, CA 92346 f. 7965 Midhurst Lane, Highland, CA 92346 g. 1346 & 1348 D Street, San Bernardino, CA h. 9091 Post Road, Las Vegas, NV i. 858 and 860 South Coast Hwy, Laguna Beach, CA j. 241 and 251 St. Anns, Laguna Beach, CA k. 666 units of membership interest in Lunchbox Lessons LLC l. All equity securities of Concordia Financial Services Fund, L.P., a Delaware limited partnership, held by Danny Pang. m. All equity securities of Irvine Capital Holdings LLC, a Delaware limited liability company, held by Danny Pang. n. All equity securities of Irvine Capital Holdings LLC, a Nevada limited liability company, held by Danny Pang. Accordingly, the Court has executed the Amended Proposed Order. (see document for further details) (bm)
July 2, 2009 Opinion or Order Filing 204 MINUTES (IN CHAMBERS): Order Granting the Receiver's Motion for Clarification #140 by Judge Philip S. Gutierrez: Based on the foregoing, the Court orders as follows: The following entities are affiliates of PEMGroup for purposes of application of this Court's July 2, 2009 preliminary injunction: A. GVEC Resource, Inc. B. GVEC Resource II, Inc. C. GVEC Resource III, Inc. D. GVEC Resource IV, Inc. E. Fides Insurance Company Limited ("Fides"). F. Irvine Insurance Company (BVI) Limited. (see document for further details) (bm)
July 2, 2009 Opinion or Order Filing 203 MINUTES (IN CHAMBERS): Order Denying Danny Pang's Motion to Remove Robert P. Mosier as Receiver in This Case #57 by Judge Philip S. Gutierrez: Based on the foregoing, the Court DENIES Pang's Motion to Remove the Receiver in its entirety. (see document for further details) (bm)
July 2, 2009 Filing 202 MINUTES OF IN CHAMBERS Order Granting Securities and Exchange Commission's Application for Preliminary Injunction held before Judge Philip S. Gutierrez: Based on the foregoing, the Court GRANTS the SEC's application for preliminary injunction and appointment of permanent receiver. (see document for further details) (bm)
July 2, 2009 Filing 201 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: MOTION to Strike #199 , Declaration of James Daly #200 . Motion to Strike does not indicate a noticed hearing date and time #199 . Incorrect event selected for Declaration of James Daly #200 . Correct event is Responses/Replies/Other Motion Related Documents-Declaration (Motion related). Docket entry text does not match caption of attached document #200 . 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 1, 2009 Filing 200 REPLY filed by Movant Daily & Knudson Law Group to EX PARTE APPLICATION to Intervene #164 , Declaration (Motion related) #197 , Declaration (Motion related) #196 IN OPPOSITION TO DECLARATIONS OF BONESTEELE AND MORAN (Hariton, Joe)
July 1, 2009 Filing 199 NOTICE OF MOTION AND MOTION to Strike Declaration (Motion related) #197 , Declaration (Motion related) #196 filed by NON-PARTY Daily & Knudson Law Group. (Attachments: #1 Proposed Order RE Motion to Strike)(Hariton, Joe) DOCUMENT STRICKEN PURSUANT TO COURT ORDER DATED 7/6/09, DOCUMENT #208 . Modified on 7/7/2009 (bm).
June 30, 2009 Opinion or Order Filing 198 ORDER by Judge Philip S. Gutierrez, re Joint Stipulation to Seal Document Filed by Non-Party Daily & Knudson Law Group and Refile Said Document with Redacted Exhibits #189 : UPON GOOD CAUSE SHOWN: IT IS HEREBY ORDERED that: The following document be sealed and refiled with redacted exhibits: "NON-PARTY DAILY & KNUDSON LAW GROUP'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE THEIR NOTICE OF MOTION AND MOTION TO INTERVENE AS TRUSTEE ON BEHALF OF FOREIGN NON-PARTY BRITISH VIRGIN ISLAND OWNERS OF THE ASSETS SEEKING: AN ORDER THAT DAILY & KNUDSON LAW GROUP IS TO REMAIN AS TRUSTEE; INSTRUCTIONS FROM THE COURT; AND REMOVAL OF RECEIVER FROM CONTROL OF TRUST ACCOUNTS AND ASSETS OF NON-PEMGOUP ENTITIES" (hereinafter referred to "Ex Parte Application"). The sealing of the document, and the subsequent refiling of the document with redacted exhibits, will cause the names of insureds and policy numbers referenced in Exhibits 9, 10 and 14 of the Ex Parte Application's Exhibit 3 - DECLARATION OF JAMES DAILY IN SUPPORT OF MOTION FOR INTERVENTION; and Exhibits 4, 5, 11, 12 and 13 of the Ex Parte Application's Exhibit 3 - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION...TO INTERVENE to be blacked out. Both the original Ex Parte Application and the electronically filed Ex Parte Application will be sealed. Thereafter, the Ex Parte Application will be refiled with the court with said redacted Exhibits, and the Ex Parte Application with the redated Exhibits will also be electronically filed with the court. TTherefore, the only version of the Ex Parte Application which may be viewed, referenced or otherwise mentioned or utilized will be the Ex Parte Application with the redacted Exhibits. (bm)
June 30, 2009 Filing 197 DECLARATION of Todd Bonesteele In Response to Issues Presented in Non-Party Daily & Knudson Law Group's Reply Brief Re EX PARTE APPLICATION to Intervene #164 filed by Receiver Mosier & Company, Inc.. (Briones, Joshua)
June 30, 2009 Filing 196 DECLARATION of Tom Moran In Response to Issues EX PARTE APPLICATION to Intervene #164 In Reference to D & K's Reply Brief filed by Receiver Mosier & Company, Inc.. (Briones, Joshua)
June 30, 2009 Filing 195 NOTICE OF LODGING filed [Proposed] Preliminary Injunction and Orders: (1) Freezing Assets; (2) Appointing a Permanent Receiver; (3) Repatriating Assets; (4) Requiring Accountings; (5) Prohibiting the Destruction of Documents; and (6) Surrendering the Passport of Danny Pang re Order on Motion for Removal, Order on Motion to Amend/Correct, Order on Motion for Order, Motion Hearing, Link Motions to Minutes,,,,,,,,,,,,,,, #194 (Attachments: #1 [Proposed] Preliminary Injunction and Orders)(Van Havermaat, David)
June 30, 2009 Filing 193 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Docketing text indicated this document is a Notice of motion to shorten time, but attached document is a declaration. RE: MOTION to Shorten Time for Hearing on re EX PARTE APPLICATION to Intervene #164 #190 to June 29, 2009. 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)
June 30, 2009 Filing 192 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event used. Correct event is Motion and Related Filings: Responses/Replies/Other motion related filings - Objections/Opposition (motion related) and link to appropriate motion. RE: MEMORANDUM in Opposition to Motion, #188 . 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)
June 29, 2009 Opinion or Order Filing 194 MINUTES: Preliminary Injunction sough by the SEC; Defendant Danny Pang's motion to amend order freezing assets to release attorney's fees and living expenses #64 ; Motion of Danny Pang to remove Robert P Mosier as receiver #57 ; Receiver Robert P Mosier's motion for approval of fees and costs for May 2009 #140 ; Receiver Robert P Mosier's Motion to clarify the scope of appointment #144 ; Matter called and counsel are present. The Court hears oral argument on the preliminary injunction and on the above-referenced motions. The motions are taken under submission. Counsel stipulate to extend the deadline of the temporary restraining order to July 6, 2009 at 5:00 p.m.by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
June 28, 2009 Filing 191 REPLY Support of Motion to Intervene and in Reply to Receiver's Oppostion to Motion to Intervene filed by Movant Daily & Knudson Law Group. (Attachments: #1 Declaration of James Daily, #2 Declaration of Peter Paul Mendel, #3 Proof of Service)(Hariton, Joe)
June 26, 2009 Filing 190 NOTICE OF MOTION AND MOTION to Shorten Time for Hearing on re EX PARTE APPLICATION to Intervene #164 to June 29, 2009 REPLY TO RECEIVER'S OPPOSITION filed by NON-PARTY Daily & Knudson Law Group. Motion set for hearing on 6/29/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Hariton, Joe)
June 26, 2009 Filing 189 Joint STIPULATION for Order Order Re: Joint Stipulation filed by NON-PARTY Daily & Knudson Law Group. (Attachments: #1 Declaration of Joe Hariton in Support of Joint Stipulation, #2 Proposed Order)(Hariton, Joe)
June 26, 2009 Filing 188 MEMORANDUM in Opposition to EX PARTE APPLICATION to Intervene #164 filed by Receiver Mosier & Company, Inc.. (Attachments: #1 Declaration of Robert P. Mosier in Support of Receiver's Opposition to Motion to Intervene, #2 Declaration of Mimi Lin)(Briones, Joshua)
June 25, 2009 Filing 186 REQUEST for Order for [PROPOSED] ORDER TO QUASH NOTICE OF DEPOSITION OF DANNY PANG filed by DEFENDANT Danny Pang. Request set for hearing on 7/17/2009 at 09:30 AM before Magistrate Judge Charles F. Eick. (Schindler, David)
June 25, 2009 Filing 185 NOTICE OF MOTION AND JOINT STIPULATION filed by DEFENDANT Danny Pang. SEEKING TO QUASH NOTICE OF DEPOSITION OF DANNY PANG (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schindler, David)
June 25, 2009 Filing 184 DECLARATION re Amended Document (Non-Motion) #180 , Objections - non-motion #183 Jacob A. Regenstreif Declaration in Support of Defendant Danny Pang's Objection to Receiver's First Addendum to Second Status Report filed by Defendant Danny Pang. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Part 1), #5 Exhibit 4 (Part 2), #6 Exhibit 4 (Part 3), #7 Exhibit 5)(Schindler, David)
June 25, 2009 Filing 183 OBJECTIONS to Amended Document (Non-Motion) #180 re Receiver's First Addendum to Second Status Report filed by Defendant Danny Pang. (Schindler, David)
June 25, 2009 Opinion or Order Filing 182 ORDER by Judge Philip S. Gutierrez: regarding Receiver's Motion for payment of fees and costs #144 . IT IS ORDERED as follow: Mosier & Co: Fees and expenses for the period May 2009 for the Receiver are allowed in the sum of $132,597.6; The Receiver is authorized to pay himself $132,597.60 in fees and expenses; DLA Piper LLP (US): Fees and coss for the period May 2009 for DLA Piper are allowed in the sum of $156,716.50 and $12,457.60 respectively. Receiver is authorized to pay DLA Piper $169,173.60. (ir)
June 24, 2009 Filing 187 Receiver Robert P. Mosier's Notice of Lodment of Relevant Portions of the Deposition Transcript of Nasar Aboubakare.(mat)
June 24, 2009 Opinion or Order Filing 181 MINUTES (In Chambers) Order Granting Dow Jones & Company, Inc.s Motion to Intervene and Unseal Court Records : by Judge Philip S. Gutierrez: To date, no party has filed an opposition to the Journals request. The Court therefore deems the failure to file an opposition to be consent to the granting of the Motion. See L.R. 7-12. Accordingly, the Court hereby GRANTS the Journals Motion in its entirety. Thus, the seal is now lifted and the Clerk is hereby directed to unseal all documents that have so far been filed under seal in this action. Additionally, as this ruling effectively renders moot the Receivers Request to Lift the Seal in this Case to Allow Disclosure of the Addendum to the Private Equity Management Group and the Ex Parte Application of Victim Investors for Leave to File Amicus Brief in Support of Unsealing, the Court hereby DENIES that Request and that Application on mootness grounds.1 (see attached for further information) #137 #166 (pj)
June 24, 2009 Filing 179 MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: The filing of the FIRST AMENDED COMPLAINT Effectively rendered Pangs Motion to Dismiss moot. Accordingly,the Court hereby DENIES Pangs Motion to Dismiss on mootness grounds #71 . (lc)
June 24, 2009 Filing 178 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Robert P. Mosier's Notice of Lodgment of Relevant Portions of The Deposition Transcript of Nasar Aboubakare. (Briones, Joshua)
June 24, 2009 Filing 177 NOTICE OF ABSENCE OF OPPOSITION TO DOW JONES & COMPANY INC'S MOTION to Intervene AND to Unseal Court Records #137 filed by Intervenor Dow Jones & Company, Inc.. (pj)
June 23, 2009 Filing 176 Declaration of Nicolas Morgan in Support of the Reciever's Opposition to Non-Pary Daily & Knudson Law Group's Exparte Application for Order Shortening Time. (mat) Modified on 6/25/2009 (mat).
June 23, 2009 Filing 175 Receiver Robert P. Mosier's Opposition to Non-Party Daily & Knudson Law Group's Exparte Application for Order Shortening Time. (mat) Modified on 6/25/2009 (mat).
June 23, 2009 Filing 174 Declaration of Nick S. Pujji in Support of Receiver's Reply in Support of Motion to Clarify Scope of Appointment. (mat) Modified on 6/25/2009 (mat).
June 23, 2009 Filing 170 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Robert P. Mosier's Opposition to Non-Party Daily & Knudson Law Group's Ex Parte Application for Order Shortening Time; and Declaration of Nick Morgan in Support of Opposition. (Pujji, Ramnik)
June 22, 2009 Filing 173 Declaration of Robert P. Mosier in Support of Receiver's Reply in Support of Motion to Clarify Scope of Appointment. (mat) Modified on 6/25/2009 (mat).
June 22, 2009 Filing 172 Receiver Robert P. Mosier's Reply in Support of Receiver's Motion to Clarify Scope of Appointment. (mat) Modified on 6/25/2009 (mat).
June 22, 2009 Filing 171 Reply Memorandum of Points and Authorities in Support of Receiver's Application for Approval of Fees and Costs for May 2009. (mat) Modified on 6/25/2009 (mat).
June 22, 2009 Filing 169 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Reply Memorandum of Points and Authorities in Support of Receiver's Application for Approval of Fees and Costs for May 2009. (Briones, Joshua)
June 22, 2009 Filing 168 DECLARATION of Chris Almand In Support of EX PARTE APPLICATION for Leave to File Amicus Brief Ex Parte Application of Victim Investors For Leave to File Amicus Brief in Support of Unsealing #166 filed by Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp.. (Almand, Chris)
June 22, 2009 Filing 167 MEMORANDUM in Support of EX PARTE APPLICATION for Leave to File Amicus Brief Ex Parte Application of Victim Investors For Leave to File Amicus Brief in Support of Unsealing #166 Brief Amicus Curiae of Victim Investors in Support of Unsealing filed by Amicus Parties Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp.. (Almand, Chris)
June 22, 2009 Filing 166 EX PARTE APPLICATION for Leave to File Amicus Brief Ex Parte Application of Victim Investors For Leave to File Amicus Brief in Support of Unsealing filed by Amici Curiae Hua Nan Commerical Bank Ltd., Hua Nan Investment Trust Corp.. (Attachments: #1 Proposed Order Granting Ex Parte Application for Leave to File Brief Amicus Curiae on Behalf of Victim Investors in Support of Unsealing)(Almand, Chris)
June 22, 2009 Filing 165 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver's Reply Re Receiver's Motionto Clarify Scopy of Appointment; (2) Declaration of N. Pujji in Support of Reply; (3) Declaration of R. Mosier in Support of Reply; and (4) Amended [Proposed] Order. (Briones, Joshua)
June 19, 2009 Filing 180 FIRST ADDENDUM TO THE RECEIVER'S SECOND STATUS REPORT. DECLARATION OF THE RECEIVER, ROBERT P. MOSIER. (cbr) Modified on 6/26/2009 (cbr).
June 19, 2009 Filing 164 EX PARTE APPLICATION to Intervene filed by Non-Party Movant Daily & Knudson Law Group. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Hariton, Joe)
June 19, 2009 Filing 163 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of First Addendum to the Receiver's Second Status Report; Declaration of Robert P. Mosier. (Briones, Joshua)
June 18, 2009 Filing 162 NOTICE OF CLERICAL ERROR: Due to filer was selected incorrectly for the sealed document #158 Danny Pang's Opposition to Receiver's Motion. The correct filer is Danny Pang. (mat)
June 16, 2009 Filing 161 FIRST AMENDED COMPLAINT against Defendants Private Equity Management Group, Inc., Private Equity Management Group, LLC, Danny Pang amending Complaint - (Discovery) #1 filed by Plaintiff Securities and Exchange Commission (ir)
June 16, 2009 Filing 160 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: First Amended Complaint #157 . Document #157 should not get filed electronically. Pursuant to General Order 08-02, counsel is not permitted to e-file initiating documents, such as a First Amended Complaint. Any such initiating document must be manually filed at the Civil Intake section of the Clerk's office. 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)
June 15, 2009 Filing 159 Declaration of Jacob A. Regenstreif in Support of Defendant Danny Pang's Opposition to Receiver's Motion for Clarify of Scope of Appointment. (mat) Modified on 6/25/2009 (mat).
June 15, 2009 Filing 158 Danny Pang's Opposition to Receiver's Motion to Clarify Scope of Appointment. (mat) Modified on 6/18/2009 (sm). Modified on 6/25/2009 (mat).
June 15, 2009 Filing 157 AMENDED DOCUMENT filed by Plaintiff Securities and Exchange Commission. First Amended Complaint for Violations of the Federal Securities Laws (Van Havermaat, David)
June 15, 2009 Filing 156 NOTICE of Filing of First Amended Complaint in Lieu of Opposition to Motion to Dismiss filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
June 15, 2009 Filing 155 NOTICE of Manual Filing filed by Defendant Danny Pang of Opposition to Receiver's Motion to Clarify Scope of Appointment; Declaration of Jacob A. Regenstreif in Support Thereof. (Schindler, David)
June 12, 2009 Filing 153 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Amended Proposed Order on Receiver's Request for Instruction. (Briones, Joshua)
June 11, 2009 Filing 152 DECLARATION of Maria Madden (mg) Modified on 6/25/2009 (mat).
June 11, 2009 Filing 151 DECLARATION of Robert P. Mosier in Support of Reply Brief in Support of Receiver's Request for Instruction #139 (mg) Modified on 6/25/2009 (mat).
June 11, 2009 Filing 150 DECLARATION of Nick S. Pujji in Support of Reply Brief in Support of Receiver's Request for Instruction #139 (mg) Modified on 6/25/2009 (mat).
June 11, 2009 Filing 149 REPLY BRIEF in Support of Receiver's Request for Instruction #139 (mg) Modified on 6/25/2009 (mat).
June 11, 2009 Filing 139 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Decelaration of Maria Madden in Support of Reply Re Receiver's Request for Instruction. (Briones, Joshua)
June 11, 2009 Filing 138 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of (1) Reply Brief in Support of Receiver's Request for Instruction; (2) Declaration of N. Pujji in Support of Reply; and (3) Declaration of R. Mosier in Support of Reply. (Briones, Joshua)
June 10, 2009 Opinion or Order Filing 154 Order on Unopposed First Interim Fee Application of the Receiver and his professionals. (mat) Modified on 6/25/2009 (mat).
June 10, 2009 Opinion or Order Filing 136 ORDER by Judge Philip S. Gutierrez: granting #134 Application Advancing Hearing Date on Non-Party Dow Jones & Company, Inc.'s Motion to Intervene and to Unseal Court Records: After reviewing non-party Dow Jones & Company, Inc.'s Application to Advance Hearing date, the Court GRANTS the Application, and ORDERS that the hearing date on Dow Jones & Company, Inc.'s Motion to Intervene and to Unseal Court Records shall be advanced from July 6, 2009 to June 29, 2009. (bm)
June 9, 2009 Opinion or Order Filing 132 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Philip S. Gutierrez ORDERING Receiver's Notice of motion and motion for approval of fees and costs for May 2009; Proposed Order; Receiver's Second Status Report and Request for approval of fees and costs for May 2009; Declaration; Memorandum of Points and Authorities; Declaration of Nicholas Morgan submitted by Receiver Mosier & Company, Inc. received on 6/5/09 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ir)
June 9, 2009 Opinion or Order Filing 131 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Philip S. Gutierrez ORDERING Receiver's Notice of moiton and motion to clarify scope of appointment; Memorandum of Points and Authorities in support of Receiver's Motion to clarify scop of appointmet; Declaration of Robert P Moiser; Proof of service regarding Receiver's Motion to clarify scope of appointment submitted by Receiver Mosier & Company, Inc. received on 6/5/09 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ir)
June 8, 2009 Filing 137 NON-PARTY DOW JONES & COMPANY, INC.'S NOTICE OF MOTION AND MOTION TO INTERVENE AND TO UNSEAL COURT RECORDS; SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF MARK MAREMONE WITH EXHIBITS A-N AND JEFF GLASSER WITH EXHIBITS O-Q filed by intervenor Dow Jones & Company, Inc. Motion set for hearing on 7/6/2009 at 01:30 PM before Judge Philip S. Gutierrez. (bm)
June 8, 2009 Filing 135 PROOF OF SERVICE filed by intervenor Dow Jones & Company, Inc., re APPLICATION to Shorten Time for hearing re Notice of Manual Filing (G-92) #133 , EX PARTE APPLICATION to Intervene #85 to 6/29/09 #134 , [PROPOSED] ORDER GRANTING THE DOW JONES & COMPANY, INC.'S MOTION TO INTERVENE AND TO UNSEAL COURT RECORDS; AND [PROPOSED] ORDER ADVANCING HEARING DATE ON NON-PARTY DOW JONES & COMPANY, INC.'S MOTION TO INTERVENE AND TO UNSEAL COURT RECORDS served on 6/8/09. (bm)
June 8, 2009 Filing 134 APPLICATION TO ADVANCE HEARING DATE ON NON-PARTY DOW JONES & COMPANY, INC.'S MOTION TO INTERVENE AND TO UNSEAL COURT RECORDS FROM JULY 6, 2009 TO JUNE 29, 2009 re EX PARTE APPLICATION to Intervene #85 filed by intervenor Dow Jones & Company, Inc. (bm)
June 8, 2009 Filing 133 NOTICE of Manual Filing filed by Intervenor Dow Jones & Company, Inc. of Motion to Unseal; Application; Two [Prop] Orders and Proof of Service. (bm)
June 8, 2009 Filing 130 Declaration of David J. Schindler in Support of Defendant Danny Pang's Partial Opposition to Receiver's Request for Instructions. (mat) Modified on 6/25/2009 (mat).
June 8, 2009 Filing 129 Declaration of Jacob A. Regenstreif in Support of Defendant Danny Pang's Partial Opposition to Receiver's Request for Instructions. (mat) Modified on 6/25/2009 (mat).
June 8, 2009 Filing 128 Defendant Danny Pang's Partial Opposition to Receiver's Request for Instructions. (mat) Modified on 6/25/2009 (mat).
June 8, 2009 Filing 127 REPLY in support of MOTION to AMEND ORDER FREEZING ASSETS TO RELEASE ATTORNEYS' FEES AND LIVING EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT #64 filed by Defendant Danny Pang. (Attachments: #1 Declaration JACOB A. REGENSTREIF, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #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)(Schindler, David)
June 8, 2009 Filing 126 REPLY in support of Application for Preliminary Injunction and Appointment of Permanent Receiver filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
June 8, 2009 Filing 125 REPLY In Support of MOTION for Removal of Robert P. Mosier as Receiver. #57 and Reply to Receiver's Response To Motion To Remove Robert P. Mosier As Receiver filed by Defendant Danny Pang. (Schindler, David)
June 8, 2009 Filing 124 NOTICE OF ERRATA filed by Defendant Danny Pang. correcting Notice of Manual Filing (G-92) #122 (Attachments: #1 Exhibit A - Amended Notice of Manual Filing)(Schindler, David)
June 8, 2009 Filing 123 PROOF OF SERVICE filed by Defendant Danny Pang, re Notice of Manual Filing (G-92) #122 re Danny Pangs Partial Opposition to Receivers Request for Instructions and Declarations of David J. Schindler and Jacob A. Regenstreif in Support Thereof served on June 8, 2009. (Schindler, David)
June 8, 2009 Filing 122 NOTICE of Manual Filing filed by Defendant Danny Pang of Partial Opposition to Receivers Request for Instructions; Declarations of David J. Schindler and Jacob A. Regenstreif in Support Thereof. (Schindler, David)
June 5, 2009 Filing 148 Proof of Service Re: Receiver's Motion for Approval of Fees and Costs for May 2009. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 147 Receiver's Second Status Report and Request for Approval of Fees and Costs for May 2009, Declaration for the Receiver Robert P. Mosier. (Attachments: Part 2)(mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 146 Declaration of Nicolas Morgan in Support of the Receiver's Motion for Payment of Fees and Costs for May 2009. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 145 Memorandum of Points and Authorities in Support of Receiver's Application for Approval of Fees and Costs for May 2009. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 144 Receiver's Notice of Motion and Motion for Approval of Fees and Costs for May 2009. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 143 Proof of Service Re: Receiver's Motion to Clarify Scope of Appointment. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 142 Declaration of Robert P. Mosier in Support of Receiver's Motion to Clarify Scope of Appointment. (Attachments: Part 2)(mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 141 Memorandum of Points and Authorities in Support of Receiver's Motion to Clarify Scope of Appointment. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 140 Receiver's Notice of Motion and Motion to Clarify Scope of Appointment. set for hearing on 6/29/2009 at 01:30 PM before Judge Philip S. Gutierrez. (mat) Modified on 6/25/2009 (mat).
June 5, 2009 Filing 121 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Motion for Approval of Fees and Costs for May 2009. (Pujji, Ramnik)
June 5, 2009 Filing 119 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Notice of Motion and Motion to Clarify Scope of Appointment. (Pujji, Ramnik)
June 3, 2009 Opinion or Order Filing 106 ORDER REGARDING HEARING DATES by Judge Philip S. Gutierrez pursuant to joint stipulation #99 , the Court orderes as follows: 1. The June 15, 2009 hearing is canceled; 2. The briefing schedule set forth by the Court in its May 8, 2009order shall remain unchanged and the parties will file all oppositions and replies in keeping with that Order; 3. No hearing will be required on the temporary Receivers application for payment of fees and costs for the month of April 2009. 4. On June 29, 2009, the Court shall conduct a hearing on: (a) the preliminary injunction sought by the Securities and Exchange Commission; (b) Mr. Pangs Motion to Remove the Receiver #57 ; (c) Mr. Pangs Motion to Amend Order Freezing Assts to Release Attorneys' Fees and Living Expenses #64 ; and, (d) the Receivers Request Regarding Sealing and item 15.c. in the Receivers Request For Further Instructions as it relates to Mr. Pang. (ir)
June 3, 2009 Opinion or Order Filing 105 MINUTES: (In Chambers) Order on the Receiver's Request for Further instructions #99 : Court hereby ORDERS that: 1. All interest and principal repayments are suspended until further order of the Court. 2. The Receiver may treat the Tranches and the corresponding investments as a pool duringthis interim period to facilitate adequate cash flow to protect assets and keep the PEMG operation functional. During this period, loan from one Trance to another will be recorded and documented to protect the longer-term option of continuing to treat the Tranche investments individually or separately. 3. The Receiver may use the cash being turned over by Wilbur Quon in the operation of PEMG as required. Additionally, as requested by the parties, the recommendation described in the first sentence of Further Request No. 15.c, as well as Further Request No. 15.e, are continued to June 29, 2009. As for Further Request No. 15.d, the Court will decide that Request based on thebriefs submitted IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
June 2, 2009 Filing 120 Declaration of Huei-Wen Kao in Support of Receiver Robert P. Mosier's Response to Defendant Danny Pang's Motion to Remove Robert P. Mosier as Receiver Filed on May 29, 2009. (mat) Modified on 6/25/2009 (mat).
June 2, 2009 Filing 103 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Declaration of Huei-Wen Kao in Support of Receiver Robert P. Mosier's Response to Defendant Danny Pang's Motion to Remove Robert P. Mosier as Receiver Filed on May 29, 2009. (Briones, Joshua)
June 1, 2009 Filing 118 Declaration of Robert Mosier in Support of Receiver's Request for Instructions. (mat) Modified on 6/25/2009 (mat).
June 1, 2009 Filing 117 Declaration of Robert P. Mosier in Support of Unopposed First Interim Fee Applications of Receiver and His Professionals. (mat) Modified on 6/5/2009 (mat). Modified on 6/25/2009 (mat).
June 1, 2009 Filing 116 Memorandum of Points and Authorities in Support of Unopposed First Interim Fee Applications of Receiver and His Professionals.(mat) Modified on 6/25/2009 (mat).
June 1, 2009 Filing 115 Brief in Support of Receiver's Request for Instruction. (mat) Modified on 6/25/2009 (mat).
June 1, 2009 Opinion or Order Filing 104 MINUTES: (In Chambers) Order Denying Dow Jones & Company Inc's Ex Parte Application #85 without prejudice IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
June 1, 2009 Filing 102 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of (1) Memorandum of Points and Authorities in Support of Unopposed First Interim Fee Applications of Receiver and His Professionals; (2) Declaration of Mosier in Support of Unopposed Fee Applications of Receiver and His Professionals; and (3) [Proposed] Order on Applications. (Briones, Joshua)
June 1, 2009 Filing 101 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of (1) Brief in Support of Receiver's Request for Instruction; (2) Declaration of Mosier in Support of Receiver's Request for Instruction; and (3) [Proposed] Order on Request for Instruction. (Briones, Joshua)
June 1, 2009 Filing 100 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Brief in Support of Receiver's Request for Instruction; (2) Declaration of Mosier in Support of Receiver's Request for Instruction; and (3) [Proposed] Order on Request for Instruction. (Briones, Joshua)
May 29, 2009 Filing 114 DECLARATION of Receiver Robert P. Mosier (mg) Modified on 6/25/2009 (mat).
May 29, 2009 Filing 113 DECLARATION of Joshua Briones (mg) Modified on 6/25/2009 (mat).
May 29, 2009 Filing 112 DECLARATION of Sheryl Perez (mg) Modified on 6/25/2009 (mat).
May 29, 2009 Filing 111 SEALED DOCUMENT-DECLARATION of David Ku (mg)
May 29, 2009 Filing 110 DECLARATION of Donna Duke (mg) Modified on 6/25/2009 (mat).
May 29, 2009 Filing 109 REQUEST FOR JUDICIAL NOTICE Re: Receiver Robert P. Mosier's Response to Defendant Danny Pang's MOTION to Remove Robert P. Mosier as Receiver #57 (mg) Modified on 6/25/2009 (mat).
May 29, 2009 Filing 108 RECEIVER ROBERT P. MOSIER'S RESPONSE to Defendant Danny Pang's MOTION to Remove Robert P. Mosier as Receiver #57 (mg) Modified on 6/25/2009 (mat).
May 29, 2009 Filing 99 REQUEST for Order for JOINT STIPULATION REQUESTING AN ORDER CONSOLIDATING MOTIONS HEARING DATE ON JUNE 29, 2009 filed by Defendant Danny Pang. (Attachments: #1 Declaration David J. Schindler, #2 Proposed Order)(Schindler, David)
May 29, 2009 Filing 98 Memorandum of Points and Authorities in OPPOSITION re: MOTION to AMEND ORDER FREEZING ASSETS TO RELEASE ATTORNEYS' FEES AND LIVING EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT #64 filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 29, 2009 Filing 97 DECLARATION of PETER PAUL MENDEL re Memorandum of Points and Authorities in Opposition (non-motion) #95 , Supplement(Motion related) #55 filed by Defendant Danny Pang. (Schindler, David)
May 29, 2009 Filing 96 DECLARATION of JACOB A. REGENSTREIF re Memorandum of Points and Authorities in Opposition (non-motion) #95 IN SUPPORT OF DEFENDANT DANNY PANGS OPPOSITION TO THE SECS APPLICATION FOR PRELIMINARY INJUNCTIVE RELIEF filed by Defendant Danny Pang. (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)(Schindler, David)
May 29, 2009 Filing 95 MEMORANDUM of Points and Authorities in Opposition filed by Defendant Danny Pang. OPPOSITION TO APPLICATION BY SECURITIES AND EXCHANGE COMMISSION FOR PRELIMINARY INJUNCTIONS Re: Supplement(Motion related) #55 (Schindler, David)
May 29, 2009 Filing 94 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Mosier's Response to Defendant Danny Pang's Motion to Remove Mosier as Receiver; (2) Declaration of Donna Duke; (3) Declaration of David Ku; (4) Declaration of Joshua Briones; (Request for Judicial Notice; (6) Declaration of Receiver Robert P. Mosier; and (7) Declaration of Sheryl Perez. (Briones, Joshua)
May 27, 2009 Filing 90 OPPOSITION in Opposition to re: EX PARTE APPLICATION to Intervene #85 AND TO UNSEAL COURT RECORDS filed by Defendant Danny Pang. (Schindler, David)
May 26, 2009 Filing 89 NOTICE OF ERRATA RE DATES IN DECLARATION OF JEFF GLASSER filed by Intervenor Dow Jones & Company, Inc.. correcting EX PARTE APPLICATION to Intervene #85 . (bm)
May 26, 2009 Filing 88 NOTICE of Manual Filing filed by Intervenor Dow Jones & Company, Inc. of Dow Jones & Company Inc's Ex parte applicatiion to Intervene and to unseal Court Records; Declaration of Mark Maremont and Jeff Glasser with exhibits A-B; and Proposed Order granting Ex Parte application. (ir)
May 26, 2009 Filing 87 NOTICE of Manual Filing filed by Intervenor Dow Jones & Company, Inc. of Notice of Errata regarding dates in Declaration of Jeff Glasser. (ir)
May 26, 2009 Filing 86 PROOF OF SERVICE filed by intervenor Dow Jones & Company, Inc., re EX PARTE APPLICATION to Intervene #85 , [PROPOSED] ORDER, NOTICE OF MANUAL FILING served on 5/26/09. (bm)
May 26, 2009 Filing 85 NON-PARTY DOW JONES & COMPANY, INC.'S EX PARTE APPLICATION TO INTERVENE AND TO UNSEAL COURT RECORDS; SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF MARK MAREMONT AND JEFF GLASSER WITH EXHIBITS A-B filed by intervenor Dow Jones & Company, Inc.. Lodged proposed order. (bm)
May 26, 2009 Filing 84 MINUTES OF IN CHAMBERS ORDER Setting Hearing Date and Briefing Schedule for the Receiver's Request to Lift the Seal and Request for Further Instructions held before Judge Philip S. Gutierrez: On May 14, 2009, Robert P. Mosier (the "Receiver") filed an Addendum to the Receiver's First Status Report. In that Addendum, the Receiver makes the following requests. First, on page one of the Addendum, the Receiver requests that the Court lift the seal in this case to allow disclosure of the Addendum to the Private Equity Management Group ("PEMG") investors. Second, on pages nine and ten of the Addendum, the Receiver requests further instructions on five different issues. See Receiver Robert P. Mosier's Addendum to the Receiver's First Status Report with Exhibits. Defendant Danny Pang has filed an objection to the Addendum. In light of the foregoing, the Court hereby sets the matters above for hearing on June 15, 2009 at 1:30 P.M. The Receiver's memorandum of points and authorities is due on June 1, 2009 at 12:00 P.M. If Defendants so choose to file an opposition, their memorandum of points and authorities is due on June 8, 2009 at 12:00 P.M. Any reply filed by the Receiver is due on June 11, 2009 at 12:00 P.M. The parties are directed to the Court's Standing Order for instructions regarding page limits. Also, the parties are permitted to file these papers under seal. (bm)
May 21, 2009 Filing 93 Receiver Robert P. Mosier's Exparte Petition for Instructions to Receiver; Declaration of Robert P. Mosier and Joshua Briones. (mat) Modified on 6/25/2009 (mat).
May 21, 2009 Filing 92 Receiver Robert P. Mosier's Response to Defendant Danny Pang's Objection to Receiver's Addendum to First Report. (mat) Modified on 6/25/2009 (mat).
May 21, 2009 Opinion or Order Filing 80 MINUTES: (In Chambers) Order Granting in Part and Denying in Part theReceivers Ex Parte Application for Further Instructions; the Court GRANTS IN PART and DENIES IN PART the Receivers ex parte application. Specifically: IT IS ORDERED that Inter Travel and Services, Inc. is an entity related to Private Equity Management, Group, Inc. and is within the Receivers administration and under the Receivers control. The Receiver is specifically authorized to return title and possession of the Gulfstream Aerospace, Model No. G-IV, Serial No. 1007, Registration No. N575E and the Cessna Citation,Model No. 650 VII, Serial No. 650-7014, Registration No. N375E to VFS Financing, Inc., or its assignee. IT IS FURTHER ORDERED that the Receiver is authorized to make payments for life insurance premiums on policies held for the benefit of certain investors from accounts in the Receivers control held for the benefit of other investors. All other requests made in the ex parte application are hereby DENIED IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
May 21, 2009 Filing 79 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Robert P. Mosier's Response to Defendant Danny Pang's Objection To Receiver's Addendum to First Report. (Briones, Joshua)
May 20, 2009 Filing 91 Defendant Danny Pang's Partial Opposition to Receiver's Exparte Petition for Instructions. (mat) Modified on 6/25/2009 (mat).
May 20, 2009 Filing 83 Defendant Danny Pang's Objection to Receiver's Addendum to First Report. (mat) Modified on 6/25/2009 (mat).
May 20, 2009 Opinion or Order Filing 82 Order Granting Application to File Under Seal Defendant Danny Pang's Objection to Receiver's Addendum to First Report. (mat) Modified on 6/25/2009 (mat).
May 20, 2009 Filing 81 Exparte Application Pursuant to Local Rule 79-5.1 for an Order Sealing Defendant Danny Pang'e Objection to Receiver's Addendum to First Report. (mat) Modified on 6/25/2009 (mat).
May 20, 2009 Filing 78 NOTICE of Manual Filing filed by Defendant Danny Pang of Defendant Danny Pang's Partial Opposition to Receiver's Ex Parte Petition for Instructions. (Schindler, David)
May 19, 2009 Filing 75 CERTIFICATE OF SERVICE filed by DEFENDANT Danny Pang, re Ex Parte Application Pursuant to Local Rule 79-5.1 For an Order Sealing Defendant Danny Pang's Objection to Receiver's Addendum to First Report and Related Pleadings served on May 19, 2009. (Schindler, David)
May 19, 2009 Filing 74 NOTICE of Manual Filing filed by Defendant Danny Pang of Ex Parte Application Pursuant to Local Rule 79-5.1 for an Order Sealing Mr. Pang's Objection to Receiver's Addendum to First Report; Declaration of David J. Schindler in Support Thereof; and Proposed Order. (Schindler, David)
May 19, 2009 Filing 73 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of [PROPOSED] ORDER GRANTING RECEIVER ROBERT P. MOSIERS EX PARTE PETITION FOR INSTRUCTIONS TO RECEIVER. (Pujji, Ramnik)
May 19, 2009 Filing 72 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Robert P. Mosier's Ex Parte Petition for Instructions to Receiver; Declaration of Robert P. Mosier and Joshua Briones. (Pujji, Ramnik)
May 18, 2009 Filing 77 MINUTES (IN CHAMBERS) by Judge Philip S. Gutierrez: Denying #61 Ex Parte Application to Expedite Hearing Date on Danny Pang's Motion to Remove Robert P. Mosier as Receiver. (mg)
May 18, 2009 Filing 76 Receiver Robert P. Mosier's Notice of Compliance with 28 U.S.C. 754. (mat) Modified on 6/25/2009 (mat).
May 18, 2009 Filing 71 NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities in Support Thereof filed by Defendant Danny Pang. Motion set for hearing on 6/29/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of David J. Schindler in Support of Defendant Danny Pang's Motion to Dismiss, #2 Proposed Order)(Schindler, David)
May 18, 2009 Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: motion hearing date closed RE: MOTION to AMEND ORDER FREEZING ASSETS TO RELEASE ATTORNEYS' FEES AND LIVING EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT #64 . 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)
May 18, 2009 Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect event selected; no correct event for document; Proposed order can not stand alone; if proposed order is not attached to initial document you must submit a notice of lodging with the order as an attachment. RE: Motion Related Document #60 . 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)
May 18, 2009 Filing 68 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: motion hearing date closed RE: MOTION for Removal of Robert P. Mosier as Receiver. #57 . 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) (Additional attachment(s) added on 5/18/2009: #1 Main Document) (ab).
May 18, 2009 Filing 67 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Robert P. Mosier's Notice of Compliance with 28 U.S.C. Section 754. (Pujji, Ramnik)
May 14, 2009 Filing 66 Receiver Robert P. Mosier's Addendum to the Receiver's First Status Report with Exhibits. (mat) Modified on 6/26/2009 (mat).
May 14, 2009 Filing 65 NOTICE of Manual Filing filed by Receiver Mosier & Company, Inc. of Receiver Robert P. Mosier's Addendum to the Receiver's First Status Report with Exhibits. (Pujji, Ramnik)
May 13, 2009 Filing 64 NOTICE OF MOTION AND MOTION to AMEND ORDER FREEZING ASSETS TO RELEASE ATTORNEYS' FEES AND LIVING EXPENSES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Defendant Danny Pang. Motion set for hearing on 6/15/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Schindler, David)
May 13, 2009 Filing 63 OPPOSITION to EX PARTE APPLICATION to Expedite HEARING DATE ON DANNY PANGS MOTION TO REMOVE ROBERT P. MOSIER AS RECEIVER #61 filed by Receiver Mosier & Company, Inc.. (Pujji, Ramnik)
May 13, 2009 Filing 61 EX PARTE APPLICATION to Expedite HEARING DATE ON DANNY PANGS MOTION TO REMOVE ROBERT P. MOSIER AS RECEIVER filed by Defendant Danny Pang. (Attachments: #1 Declaration OF TERRI L. LILLEY IN SUPPORT OF EX PARTE APPLICATION, #2 Proposed Order GRANTING AN EXPEDITED HEARING)(Schindler, David)
May 12, 2009 Filing 60 [PROPOSED] ORDER TO REMOVE ROBERT P. MOSIER AS RECEIVER re MOTION for Removal of Robert P. Mosier as Receiver. #57 filed by Defendant Danny Pang. (Abascal, Manuel)
May 12, 2009 Filing 59 DECLARATION of Peter Paul Mendel in support of MOTION for Removal of Robert P. Mosier as Receiver. #57 filed by Defendant Danny Pang. (Abascal, Manuel)
May 12, 2009 Filing 58 DECLARATION of Jacob A. Regenstreif in support of MOTION for Removal of Robert P. Mosier as Receiver. #57 filed by Defendant Danny Pang. (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)(Abascal, Manuel)
May 12, 2009 Filing 57 NOTICE OF MOTION AND MOTION for Removal of Robert P. Mosier as Receiver. filed by Defendant Danny Pang. Motion set for hearing on 6/15/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Abascal, Manuel)
May 12, 2009 Filing 56 DECLARATION of Nasar Aboubakare filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Van Havermaat, David)
May 12, 2009 Filing 55 SUPPLEMENT Memorandum of Points and Authorities in Support of Application for Preliminary Injunctive Relief and Appointment of a Permanent Receiver filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 12, 2009 Filing 54 DECLARATION of Wilbur B. Quon filed by Plaintiff Securities and Exchange Commission. (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, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 45A, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72)(Van Havermaat, David)
May 12, 2009 Filing 53 DECLARATION of Huei-Wen Kao filed by Plaintiff Securities and Exchange Commission. (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)(Van Havermaat, David)
May 12, 2009 Filing 52 DECLARATION of Chen Hsin-Tung filed by Plaintiff Securities and Exchange Commission. (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)(Van Havermaat, David)
May 12, 2009 Filing 51 DECLARATION of Jodi S. Cohen filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 12, 2009 Filing 50 DECLARATION of Robert J. Anderson filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 12, 2009 Filing 49 DECLARATION of Rabia A. Cebeci filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 11, 2009 Opinion or Order Filing 48 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Charles F. Eick. "Defendant Danny Pang's Motion to Quash, etc.", filed 5/8/09, is denied without prejudice for failure to comply with Local Rule 37 (or Local Rule 7-19, if Defendant intended to proceed ex parte). After consultation with the District Judge, the Magistrate Judge also advises that, to the extent Defendant seeks relief from the District Judge's requirement of an accounting, Defendant must apply to the District Judge therefor. (sp)
May 8, 2009 Filing 107 AMENDED MINUTES OF Status Conference held before Judge Philip S. Gutierrez: Hearing held. The Court and counsel confer regarding the recent filings which were stricken by the Court. The Court sets the following briefing schedule: Plaintiffs' Supplemental Memorandum of Points and Authorities Regarding Preliminary Injunction (12 page limitation): Tuesday, May 12, 2009 by 5:00 pm; Mandatory chambers copies by Wednesday, May 13, 2009 at 9:00 am. Opposition to Preliminary Injunction (35 page limitation) due: Friday, May 29, 2009; Reply due: Monday, June 8, 2009; Hearing: Monday, June 15, 2009 at 1:30 pm. Filing of Defendant's Motion to Remove Receiver due: Wednesday, May 13, 2009; Opposition due: Friday, May 29, 2009; Reply due: Monday, June 8, 2009; Hearing: Monday, June 15, 2009 at 1:30 p.m. Filing of Defendant's Motion that Funds be Released by the Receiver for the Defense due: Wednesday, May 13, 2009; Opposition due: Friday, May 29, 2009; Reply due: Monday, June 8, 2009; Hearing: Monday, June 15, 2009 at 1:30 p.m. Parties stipulate on the record that the temporary restraining order may stay in place until Monday, June 15, 2009 by 5:00 p.m. Furthermore, that all documents filed by the Receiver be under seal until further order of the Court, and that all discovery issues, including the Motion to Quash, be submitted to Magistrate Judge Eick #62 (ir) Modified on 6/4/2009 (ir).
May 8, 2009 Filing 62 MINUTES OF Status Conference held before Judge Philip S. Gutierrez: Hearing held. The Court and counsel confer regarding the recent filings which were stricken by the Court. The Court sets the following briefing schedule: Plaintiffs' Supplemental Memorandum of Points and Authorities Regarding Preliminary Injunction (12 page limitation): Tuesday, May 12, 2009 by 5:00 pm; Mandatory chambers copies by Wednesday, May 13, 2009 at 9:00 am. Opposition to Preliminary Injunction (35 page limitation) due: Friday, May 29, 2009; Reply due: Friday, June 5, 2009; Hearing: Monday, June 15, 2009 at 1:30 pm. Filing of Defendant's Motion to Remove Receiver due: Wednesday, May 13, 2009; Opposition due: Friday, May 29, 2009; Reply due: Monday, June 8, 2009; Hearing: Monday, June 15, 2009 at 1:30 p.m. Filing of Defendant's Motion that Funds be Released by the Receiver for the Defense due: Wednesday, May 13, 2009; Opposition due: Friday, May 29, 2009; Reply due: Monday, June 8, 2009; Hearing: Monday, June 15, 2009 at 1:30 p.m. Parties stipulate on the record that the temporary restraining order may stay in place until Monday, June 15, 2009 by 5:00 p.m. Furthermore, that all documents filed by the Receiver be under seal until further order of the Court, and that all discovery issues, including the Motion to Quash, be submitted to Magistrate Judge Eick. Court Reporter: Miriam Baird. (bm)
May 8, 2009 Filing 47 NOTICE OF MOTION AND MOTION to Quash Notice of Taking Deposition of Danny Pang filed by Defendant Danny Pang. Motion set for hearing on 5/29/2009 at 09:30 AM before Magistrate Judge Charles F. Eick. (Attachments: #1 Proposed Order to Quash (1) Notice of Deposition of Danny Pang; and (2) Order for an Accounting)(Schindler, David)
May 8, 2009 Opinion or Order Filing 46 ORDER on Application to Appear Pro Hac Vice by Attorney Lawrence W West on behalf of Defendant Danny Pang, designating David J Schindler as local counsel #33 GRANTED by Judge Philip S. Gutierrez. (ir)
May 8, 2009 Opinion or Order Filing 45 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Declaration (non-motion) #37 , Declaration (non-motion) #39 , Declaration (non-motion) #40 , Reply (Motion related) #35 , Declaration (non-motion) #42 , Declaration (non-motion) #41 , Declaration (non-motion) #43 , Declaration (non-motion) #38 , for the following reasons: Local Rule 11-6 Memorandum/brief exceed 25 pages; Documents exceed page limitations. (ir)
May 7, 2009 Filing 44 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, a status conference is hereby set for 5/8/2009 09:00 AM before Judge Philip S. Gutierrez. (wm)
May 7, 2009 Filing 43 DECLARATION of Wilbur B. Quon re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (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, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 45A, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72)(Van Havermaat, David)
May 7, 2009 Filing 42 DECLARATION of Huei-Wen Kao re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (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)(Van Havermaat, David)
May 7, 2009 Filing 41 DECLARATION of Chen Hsin-Tung re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (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)(Van Havermaat, David)
May 7, 2009 Filing 40 DECLARATION of Jodi S. Cohen re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 7, 2009 Filing 39 DECLARATION of Robert J. Anderson re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 7, 2009 Filing 38 DECLARATION of Nasar Aboubakare re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Van Havermaat, David)
May 7, 2009 Filing 37 DECLARATION of Rabia A. Cebeci re Reply (Motion related), Reply (Motion related) #35 filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David)
May 7, 2009 Filing 35 REPLY in support of Plaintiff Securities and Exchange Commission's Application for Preliminary Injunction and Appointment of Permanent Receiver filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Preliminary Injunction and Orders)(Van Havermaat, David)
May 7, 2009 Filing 33 APPLICATION for attorney Lawrence A. West to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005282756 paid.) filed by Defendant Danny Pang. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Schindler, David)
May 6, 2009 Filing 36 CERTIFICATION AND NOTICE of Interested Parties filed by Receiver Mosier & Company, Inc. (bm)
May 6, 2009 Filing 34 NOTICE OF APPEARANCE BY RECEIVER MOSIER & COMPANY, INC., WITH ATTACHED FIRST STATUS REPORT. (bm)
May 6, 2009 Opinion or Order Filing 32 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: The Court hereby ORDERS the Defendant Danny Pang's motion for immediate hr #25 and Motion to dissolve TRO #26 be STRICKEN for failure to comply with the Local Rules, General Order 08-02 and/or the Courts Case Management Order as indicated: Hearing information is missing, incorrect or not timely. Motions shall be noticed for hearing. See motion calendar for the next available date. Please review the Judge's procedures and schedules on the court's web site. (ir)
May 6, 2009 Opinion or Order Filing 31 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: The Court hereby ORDERS the Motion to Quash Notice of Taking Deposition #16 STRICKEN for failure to comply with the Local Rules, General Order 08-02 and/or the Courts Case Management Order as indicated: Hearing information is missing, incorrect, or not timely; No proposed order was submitted as separate attachment. Please review the Judge's procedures and schedules on the court's web site (www.cacd.uscourt.gov). (ir)
May 6, 2009 Filing 30 NOTICE of Supplemental Authority In Support Of Defendant Danny Pang's Motion To Dissolve Temporary Restraining Order, Or In The Alternative To Modify Grant of Expedited Discovery And To Amend Order Freezing Assets filed by Defendant Danny Pang. (Attachments: #1 Exhibit A)(Schindler, David)
May 6, 2009 Filing 29 OPPOSITION in opposition re: MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets #21 , MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Defendant Danny Pangs Notice And Motion For Immediate Hearing On Defendants Motion To Dissolve; Memorandum Of Points And Authorities In Su MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Defendant Danny Pangs Notice And Motion For Immediate Hearing On Defendants Motion To Dissolve; Memorandum Of Points And Authorities In Su #25 , MOTION to Quash Notice of Taking Deposition of Danny Pang #16 , MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to A MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to A MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to A #26 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Order Denying Motion to Quash)(Van Havermaat, David)
May 6, 2009 Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: motin hearing date missing RE: MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to A MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to A MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to A #26 . 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)
May 6, 2009 Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: hearing date missing RE: MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines #2 Defendant Danny Pangs Notice And Motion For Immediate Hearing On Defendants Motion To Dissolve; Memorandum Of Points And Authorities In Su MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines, #2 Defendant Danny Pangs Notice And Motion For Immediate Hearing On Defendants Motion To Dissolve; Memorandum Of Points And Authorities In Su #25 . 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)
May 5, 2009 Filing 26 NOTICE OF MOTION AND MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Notice of Motion and Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets filed by Defendant Danny Pang. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Mendel, #3 Declaration Regenstreif, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Proposed Order)(Schindler, David)
May 5, 2009 Filing 25 NOTICE OF MOTION AND MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 Defendant Danny Pangs Notice And Motion For Immediate Hearing On Defendants Motion To Dissolve; Memorandum Of Points And Authorities In Support Thereof filed by Defendant Danny Pang. (Attachments: #1 Proposed Order)(Schindler, David)
May 5, 2009 Opinion or Order Filing 24 ORDER by Judge Philip S. Gutierrez denying #19 Motion for Hearing; denying #21 Motion to Vacate, linking to Objection/Opposition #20 . (bm)
May 5, 2009 Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: motion hearing date closed/untimely; Docket text and document e-filed must match; motion hearing date indicated in document text only, hearing should be indicated on document also. RE: MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines, #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets #21 . 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)
May 5, 2009 Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: motion hearing date closed/untimely; Docket text and document e-filed must match; motion hearing date indicated in document text only, hearing should be indicated on document also. RE: MOTION for Hearing DEFENDANT DANNY PANGS NOTICE AND MOTION FOR IMMEDIATE HEARING ON DEFENDANTS MOTION TO DISSOLVE #19 . 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)
May 4, 2009 Filing 21 NOTICE OF MOTION AND MOTION to Vacate Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines,,,,,,,,,,,,,,, #2 or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets filed by DEFENDANT Danny Pang. Motion set for hearing on 5/11/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration of Peter Paul Mendel in Support of Defendant Danny Pang's Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets, #2 Declaration of Jacob A. Regenstreif in Support of Defendant Danny Pang's Motion to Dissolve Temporary Restraining Order, or in the Alternative to Modify Grant of Expedited Discovery and to Amend Order Freezing Assets, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Proposed Order)(Schindler, David)
May 4, 2009 Filing 20 Opposition re: EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order for Freezing Assets EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction EX PARTE APPLICATION to Expedite discovery #3 filed by Defendant Danny Pang. (Schindler, David)
May 4, 2009 Filing 19 NOTICE OF MOTION AND MOTION for Hearing DEFENDANT DANNY PANGS NOTICE AND MOTION FOR IMMEDIATE HEARING ON DEFENDANTS MOTION TO DISSOLVE filed by DEFENDANT Danny Pang. Motion set for hearing on 5/11/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Schindler, David)
May 4, 2009 Filing 18 APPLICATION to Exceed Page Limitation As to Unopposed APPLICATION to Exceed Page Limit by Defendant Danny Pang's Motion to (1) Dissolve Temporary Restraining Order; (2) Modify Grant of Expedited Discovery; and (3) Amend Order Freezing Assets filed by DEFENDANT Danny Pang. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David J. Schindler, #3 Proposed Order)(Schindler, David)
May 4, 2009 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: hearing date missing RE: MOTION to Quash Notice of Taking Deposition of Danny Pang #16 . 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)
May 4, 2009 Filing 16 NOTICE OF MOTION AND MOTION to Quash Notice of Taking Deposition of Danny Pang filed by Defendant Danny Pang. (Attachments: #1 Proposed Order)(Schindler, David) **STRICKEN PURSUANT TO ORDER FILED 05-06-09** Modified on 5/7/2009 (ir).
May 1, 2009 Filing 15 NOTICE of Change of Attorney Information for attorney David J Schindler counsel for Defendant Danny Pang. Changing address to 355 South Grand Avenue, LA, CA 90071-1560. Filed by Defendant Danny Pang (Schindler, David)
April 30, 2009 Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information for David J. Schindler (new address) was not updated in the ECF system RE: Notice of Appearance #11 . 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)
April 29, 2009 Filing 14 NOTICE OF DELIVERANCE OF USA PASSPORT and Receipt filed on behalf of Defendant Danny Pang, Passport No: 20741231. (bm),
April 29, 2009 Opinion or Order Filing 12 STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (ir)
April 29, 2009 Filing 11 NOTICE of Appearance filed by attorney Jacob A Regenstreif on behalf of Defendant Danny Pang (Regenstreif, Jacob) (bm). (bm).
April 27, 2009 Opinion or Order Filing 2 TEMPORARY RESTRAINING ORDER AND ORDERS: (1) FREEZING ASSETS; (2) APPOINTING A TEMPORARY RECEIVER; (3) REPATRIATING ASSETS; (4) REQUIRING ACCOUNTINGS; (5) PROHIBITING THE DESTRUCTION OF DOCUMENTS; (6) GRANTING EXPEDITED DISCOVERY; (7) SURRENDERING THE PASSPORT OF DANNY PANG; AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND APPOINTMENT OF A PERMANENT RECEIVER by Judge Philip S. Gutierrez: Mosier & Company, Inc. is appointed as temporary receiver of Private Equity Management Group, Inc. and Private Equity Management Group, LLC, and their subsidiaries and affiliates. Temporary Restraining Order shall expire at 5 o'clock p.m. on May 11, 2009 unless from good cause. Defendants shall appear to show cause why a preliminary injuction should not be granted, and a permanent receiver not appointed at 1:30 o'clock p.m. on May 11, 2009. Any declarations, affidavits, points and authorities, or other submissions in support of, or in opposition to, the issuance of such an Order shall be filed with the Court and delivered to the Commission's Los Angeles Regional Office and the offices of the Defendants and/or their attorneys no later than 5 o'clock p.m. on May 4, 2009. Any reply papers shall be filed with the Court and delivered to opposint counsel no later than 5 o'clock p.m. on May 7, 2009. Service of all such papers shall be made be facsimile or personal service. (see document for further details) (bm)
April 24, 2009 Filing 10 RECOMMENDATION BY PLAINTIFF AND EXCHANGE COMMISSION THAT MOSIER & COMPANY, INC. BE APPOINTED RECEIVER filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 Filing 9 SUPPLEMENTAL Declaration of Rabia A. Cebeci #8 filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 Filing 8 DECLARATION of RABIA A. CEBECI filed by Plaintiff Securities and Exchange Commission. (et) (Additional attachment(s) added on 4/29/2009: #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) (ds).
April 24, 2009 Filing 7 DECLARATION of BRADLEY R. DELAMIELLEURE filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 Filing 6 DECLARATION of JESSE MULLIS filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 Filing 5 DECLARATION of ELIZABETH C. BENNETT filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 Filing 4 MEMORANDUM OF POINTS AND AUTHORITIES in Support of EX PARTE APPLICATION for Temporary Restraining Order; (1) Orders Freezing assets; (2) Appointing a Temporary Receiver; (3) Repatriating Assets; (4) Requiring Accountings; (5) Prohibiting the destruc tion of documents; (6) Granting Discovery; (7) Surrendering the passport of Danny Pang; and, for Order to Show Cause re: Preliminary Injunction and Appointment of a Permanent Receiver #3 filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 Filing 3 Plaintiff Securities and Exchange Commission's EX PARTE APPLICATION for Temporary Restraining Order; (1) Orders Freezing assets; (2) Appointing a Temporary Receiver; (3) Repatriating Assets; (4) Requiring Accountings; (5) Prohibiting the destruction of documents; (6) Granting Discovery; (7) Surrendering the passport of Danny Pang; and, for Order to Show Cause re: Preliminary Injunction and Appointment of a Permanent Receiver filed by Plaintiff Securities and Exchange Commission. Lodged Proposed Orders. (et) (ds).
April 24, 2009 Filing 1 COMPLAINT against Defendants Private Equity Management Group, Inc., Private Equity Management Group, LLC, Danny Pang. (Filing fee $ 350 PAID.), filed by Plaintiff Securities and Exchange Commission. (et) (ds).
April 24, 2009 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Private Equity Management Group, Inc., Private Equity Management Group, LLC, Danny Pang. (et)

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Search for this case: Securities and Exchange Commission v. Private Equity Management Group, Inc. et al
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Petitioner: Daily & Knudson Law Group
Represented By: Joe Hariton
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Petitioner: [Proposed] Plaintiff Protective Life Insurance Company
Represented By: Richard P Ormond
Represented By: Oren Bitan
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Petitioner: Attorney Timothy P. Peabody, Esq.
Represented By: Timothy P Peabody
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Petitioner: Principal Life Insurance Company
Represented By: William A Hanssen
Represented By: Jason P. Gosselin
Represented By: Suzanne V Stouder
Represented By: Siobhan A Cullen
Represented By: Thomas S Downie
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Petitioner: E-Suites Hotels, LLC
Represented By: Timothy P Peabody
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Claimant: Nasar Aboubakare
Represented By: Jeffrey S Benice
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Claimant: Entie Commercial Bank Ltd
Represented By: William Godwin Berry
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Claimant: Erwin & Johnson, LLP
Represented By: David P Beitchman
Represented By: Olga Michelle Seanez
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Claimant: Howard Coblentz
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Claimant: Bank Sinopac
Represented By: Mark R McDonald
Represented By: G Larry Engel
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Claimant: Sandra Chang
Represented By: Cameron L Desmond
Represented By: Thomas S McConville
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Claimant: Taichung Commercial Bank
Represented By: Matthew Benjamin Holbrook
Represented By: Alan H Martin
Represented By: Michael A Wallin
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Intervenor: Learjet Inc.
Represented By: Manuel Saldana
Represented By: Spencer Peter Hugret
Represented By: Gary J Lorch
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Intervenor: Genesis Insurance Brokers, Limited
Represented By: Dan Millea
Represented By: Jose Umbert
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Intervenor: Dow Jones & Company, Inc.
Represented By: Jeffrey D Glasser
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Intervenor: Internal Revenue Service
Represented By: Robert F Conte
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Intervenor: Utilities Inc. of Central Nevada
Represented By: Laura K Granier
Represented By: Matthew Henry Marmolejo
Represented By: Kristen A Rowse
Represented By: Michael F. Kerr
Represented By: Courtney Miller O'Mara
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Intervenor: United States of America
Represented By: Robert F Conte
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Defendant: Danny Pang
Represented By: David Yaroslavsky
Represented By: David J Schindler
Represented By: Lawrence A West
Represented By: Jacob A Regenstreif
Represented By: Manuel A Abascal
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Defendant: Private Equity Management Group, LLC
Represented By: Robert Alexander Pilmer
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Defendant: Alex Pang
Represented By: David J Schindler
Represented By: David Yaroslavsky
Represented By: Lawrence A West
Represented By: Jacob A Regenstreif
Represented By: Manuel A Abascal
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Defendant: Private Equity Management Group, Inc.
Represented By: Robert Alexander Pilmer
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Receiver: Thomas A Seaman
Represented By: Francis Norman Scollan
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Receiver: Mosier & Company, Inc.
Represented By: Ramnik Singh Pujji
Represented By: Nicolas Morgan
Represented By: Thomas A Zaccaro
Represented By: Joshua M Briones
Represented By: Patrick O Hunnius
Represented By: Gregg D Zucker
Represented By: Kirk Rense
Represented By: Esteban Morales Fabila
Represented By: Francis J Burke, Jr
Represented By: Edward D Totino
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Amicus curiae: Hua Nan Commerical Bank Ltd.
Represented By: Robert Alexander Pilmer
Represented By: Chris Almand
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Amicus curiae: Hua Nan Investment Trust Corp.
Represented By: Robert Alexander Pilmer
Represented By: Chris Almand
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Plaintiff: Securities and Exchange Commission
Represented By: Lorraine Echavarria
Represented By: Paris Ahkeem Wynn
Represented By: David J Van Havermaat
Represented By: Gary Y Leung
Represented By: John W Berry
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Intervenor plaintiff: TIS Wealth Management Limited
Represented By: Andres C Hurwitz
Represented By: Edward Cosmo Ho
Represented By: Mark T Palin
Represented By: Jon M Setoguchi
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Not classified by court: Standard Chartered Bank (Taiwan) Ltd
Represented By: David D Piper
Represented By: Jodi S Cohen
Represented By: Samuel A Keesal
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Not classified by court: Cosmos Bank, Taiwan
Represented By: Seth A Ribner
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