Securities and Exchange Commission v. Secure Investement Services, Inc., et al
| Securities and Exchange Commission |
| Secure Investment Services, Inc., American Financial Services, Inc., Lyndon Group, Inc., Donald Neuhaus and Kimberly Snowden |
| 2:2007cv01724 |
| August 23, 2007 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Shasta |
| Craig M. Kellison |
| Ronald S.W. Lew |
| Securities/Commodities |
| 12 U.S.C. ยง 22 Securities Fraud |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
998
ORDER signed by District Judge Garland E. Burrell, Jr. on 5/8/2017 GRANTING 995 Motion to pay unclaimed funds. The scheduled 5/15/2017 hearing on the motion is VACATED. (Zignago, K.)
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Filing
994
ORDER signed by Judge Garland E. Burrell, Jr., on 2/23/15 ORDERING that the Receiver's 980 Final Application to allow and pay fees of the Accountant, Litzler Segner Shaw & McKinney LLP to be paid and their expenses reimbursed is GRANTED. (Kastilahn, A)
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Filing
976
ORDER signed by Judge Garland E. Burrell, Jr on 10/29/2014 ORDERING 967 that the Receiver's Fifth Motion for Order to Disallow "A" Claims is hereby GRANTED, and the investor claims set forth on Exhibit 1 attached to the Receiver's Fifth Motion for Order to Disallow "A" Claims are disallowed.. (Reader, L)
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Filing
965
ORDER signed by Judge Garland E. Burrell, Jr. on 12/10/2013 GRANTING 961 Receiver's 15th Interim Application to Allow and Pay Attorney's Fees and Expenses of Local Counsel. Therefore, the fees of Local Counsel, Boutin Jones Inc., shall be paid and Boutin Jones Inc.'s expenses reimbursed, as set forth in Receiver's Fifteenth Interim Application to Allow and Pay Attorneys' Fees and Expenses of Local Counsel. (Zignago, K.)
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Filing
963
ORDER APPROVING FINAL SALE signed by Judge Garland E. Burrell, Jr. on 11/25/2013 GRANTING 957 Receiver's Michael J. Quilling Motion for Final Approval of Sale; the Court ADOPTS the Receiver' recommendation to sell the receivership estate& #039;s interests in the remaining policies to Lexington Settlements for $5 million. Further, the Receiver is authorized: (1) to sell the receivership estate' interests in the remaining policies; (2) to accept Lexington Settlements' offer to purchase those interests for $5 million; and (3) to enter into any agreements or conduct any transactions in his discretion that are necessary to close that sale without seeking further approval from the Court. (Reader, L)
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Filing
956
ORDER signed by Judge Garland E. Burrell, Jr on 9/30/2013 GRANTING 953 Receiver's motion for the approval of the bid and sale procedures. The Court APPROVES the bid and sale procedures described in the Receiver's motion. (Reader, L)
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Filing
950
ORDER signed by Judge Garland E. Burrell, Jr on 8/8/13 GRANTING 947 Motion of Receiver to Release Funds from the Shasta County Sheriff's Office. (cc: Financial). (Meuleman, A)
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Filing
946
ORDER signed by Judge Garland E. Burrell, Jr. on 6/25/2013 ORDERING that Steven A. Harr, Examiner's, 942 Sixth Interim Fee Application to Allow and Pay (1) Examiners Fees and Expenses and (2) Attorneys Fees and Expenses, and determined that th e application should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that (1) the Examiner's Fees and Expenses be allowed and paid and (2) the Attorneys' Fees and Expenses of Munsch Hardt Kopf & Harr, P.C. be allowed and paid. (Zignago, K.)
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Filing
941
ORDER signed by Judge Garland E. Burrell, Jr. on 5/15/2013 GRANTING receiver Michael J. Quilling's 937 Motion for Authorization to surrender SIL-I Policy. Receiver is authorized, in his discretion, at such time as receivership estate is requir ed to expend additional funds to pay premiums, to surrender receivership estate's interest in the life insurance policy # 957100763E2 in face amount of $1 million issued by Metropolitan Life Insurance Company (aka "MetLife"), referred to in Receiver's Motion as the SIL-I Policy, in exchange for payment of the net cash value. (Marciel, M)
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Filing
936
STIPULATION and ORDER AUTHORIZING RECEIVER TO INCREASE BANK FINANCING FACILITY signed by Judge Garland E. Burrell, Jr. on 3/1/2013 ORDERING the Receiver to increase the bank financing facility to $4.5 million in order to meet upcoming premium obligations. (Zignago, K.)
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Filing
934
ORDER signed by Judge Garland E. Burrell, Jr. on 12/12/2012 GRANTING 932 Motion for Approval of receiver's Interim Report for period ended 10/31/2012. The receivership shall continue. (Marciel, M)
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Filing
931
ORDER signed by Judge Garland E. Burrell, Jr on 11/14/12 GRANTING 927 Receiver's Fourteenth Application. IT IS ORDERED that the fees of Local Counsel, Boutin Jones Inc., be paid and Boutin Jones Inc.'s expenses reimbursed, as set forth in Receivers Fourteenth Interim Application to Allow and Pay Attorneys Fees and Expenses of Local Counsel. (Meuleman, A)
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Filing
925
ORDER signed by Judge Garland E. Burrell, Jr on 4/11/12 GRANTING 920 Motion to Compel Payment of Premium Share as follows: It is ORDERED that Betty Collier shall, within 10 days of the date of on which this Order is filed, pay the Receiver $42 4.54 for her share of the premiums. It is FURTHER ORDERED that Betty Collier shall pay the Receiver her percentage share of all additional premium obligations within 10 days of the issuance of a written invoice. It is FURTHER ORDERED that should Bett y Collier fail to pay $424.54 for her share of the premiums or her percentage share of any additional premium obligations as they become due, Betty Colliers 10.88556% ownership and beneficial interest in the SHU-A&H(2) Policy No. 60025185 w ill automatically be forfeited to the receivership estate and be replaced by an allowed claim for $30,000.00 in her favor. It is FURTHER ORDERED that in the event Betty Colliers ownership and beneficial interest is forfeited to the receivership estate, then Transamerica Occidental is ORDERED to change its records to reflect and effectuate the transfer. (Meuleman, A)
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Filing
923
ORDER signed by Judge Garland E. Burrell, Jr on 3/28/2012 ORDERING 918 Motion for Payment of Examiner's Fees and Expenses and Attorney's Fees and Expenses is GRANTED. (Waggoner, D)
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Filing
916
ORDER granting 908 Receiver's Thirteenth Interim Application signed by Judge Garland E. Burrell, Jr on 2/10/12. (Kaminski, H)
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Filing
912
ORDER signed by Judge Garland E. Burrell, Jr. on 2/2/2012 GRANTING 906 Application approving Receiver's Interim Report for period ending 10/31/2011 and continuing receivership. (Marciel, M)
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Filing
905
ORDER signed by Judge Garland E. Burrell, Jr. on 9/23/2011 ORDERING that the fees of Local Counsel, Boutin Jones Inc., be paid and Boutin Jones Inc.'s expenses reimbursed, as set forth in Receiver's Twelfth Interim Application to Allow and Pay Attorneys' Fees and Expenses of Local Counsel. (Zignago, K.)
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Filing
900
ORDER signed by Judge Garland E. Burrell, Jr on 8/24/2011 ORDERING that Clerk is directed to redact bank account numbers from the check copies attached to a letter from Warren P. Wright dated 8/18/2011; and file the letter and redacted attachments on the docket.(Waggoner, D)
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Filing
899
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/22/11 ORDERING that the Commission is authrized to pay the funds represented by the check in Exhibit C over the Receiver by negotiating the check to him otherwise; and the amount of the check, $12,366.32, shall be credited against Snowden's liability under the final judgment against her to reduce the amount of disgorgement still owed by $12,366.32.(Mena-Sanchez, L)
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Filing
896
ORDER signed by Judge Garland E. Burrell, Jr. on 8/17/2011 GRANTING receiver's 890 Motion for Ninth Interim Application to allow and pay fees, expenses, and attorney's fees for Quilling Seland Lownds Winslett & Moser. (Marciel, M)
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Filing
888
ORDER signed by Judge Garland E. Burrell, Jr. on 7/8/2011 GRANTING IN PART and DENYING IN PART 840 and 841 Motions to compel re-payment of fictitious bond from David Green and Monica Zukrow. (Zignago, K.)
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Filing
817
ORDER signed by Judge Garland E. Burrell, Jr. on 2/3/2011 ORDERING 810 that the Receiver's motion is GRANTED and the Receiver is authorized, in his discretion, at such time as the receivership estate is required to expend additional funds to p ay premiums, to abandon the receivership estate's interest in the life insurance policy number B10090447L in the face amount of $4 million issued by American General Ins. Co., referred to in Receiver's Motion as the BIE-F&L Policy. (Reader, L)
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Filing
815
ORDER signed by Judge Garland E. Burrell, Jr. on 1/21/2011 ORDERING that the Receiver's 799 Seventh Motion for Order to Allow "A" Claims is GRANTED, and the 22 investor claims totaling $794,757.41 as reflected on Exhibit "1" to the Receiver's Seventh Motion for Order to Allow "A" Claims are allowed against the Receivership estate. (Zignago, K.)
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Filing
809
ORDER ALLOWING PAYMENT OF (1) EXAMINERS FEES AND EXPENSES AND (2) ATTORNEYS FEES AND EXPENSES signed by Judge Garland E. Burrell, Jr. on 12/15/10. (Benson, A.)
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Filing
796
ORDER signed by Judge Garland E. Burrell, Jr on 11/19/10 re 780 ORDERING that the fees of the Receiver and the Receiver's attorneys Quilling, Selander, Cummiskey & Lownds, be paid and their expenses reimbursed, as set forth in Receiver's Eighth Interim Application to Allow and Pay Receiver's Fees and Expenses and Attorney's Fees and Expenses.(Duong, D)
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Filing
778
ORDER signed by Judge Garland E. Burrell, Jr. on 8/12/2010 GRANTING Michael Quilling's 754 Sixth Motion for Order to allow "A" Claims and 65 investor claims totaling $2,018,613.14 as reflected in Exhibit "1" are allowed against the Receivership estate. (Marciel, M)
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Filing
767
ORDER signed by Judge Garland E. Burrell, Jr on 7/28/10 ORDERING that the Receiver's motion is GRANTED and the Receiver is authorized, in his discretion, at such time as the receivership estate is required to expend additional funds to pay premi ums, to abandon the receivership estate's interest in the life insurance policy # 7430001 in the face amount of $5 million issued by Travelers Insurance Co., referred to in Receiver's Motion as the PER-T&E Policy; the Receiver is autho rized, in his discretion, at such time as the receivership estate is required to expend additional funds to pay premiums, to abandon the receivership estate's interest in the life insurance policy # 1289096 in the face amount of $2 million issued by Security Mutual, referred to in the Receiver's Motion as the MAN-S Policy. Therefore the hearing scheduled on 8/2/10 is vacated. Further, the Clerk of Court shall include in the service of this order the following individuals: Ernest Jeremias, 5022 17th Avenue, Apt. 1, Brooklyn, NY 11204; Bazzle John Wilson, 1291 Nunneley Road, Paradise, CA 95969. (Becknal, R)
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Filing
752
ORDER signed by Judge Garland E. Burrell, Jr. on 06/18/10 ORDERING that the Receiver's 726 Motion for Order to Adjust "A" Claims is GRANTED and the investor claims set forth on Exhibit 1 attached to the Receiver's Motion are adjusted and allowed in the amount proposed by the Receiver. (Benson, A.)
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Filing
735
ORDER signed by Judge Garland E. Burrell, Jr. on 5/11/2010 ORDERED ADJUDGED AND DECREED 724 that the fees of Local Counsel Boutin Gibson Di Giusto Hodell Inc. be paid and Boutin Gibson Di Giusto Hodell Inc's expenses reimbursed, as set forth in Receiver's Eighth Interim Application to Allow and Pay Attorneys' Fees and Expenses of Local Counsel. (Reader, L)
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Filing
723
ORDER signed by Judge Garland E. Burrell, Jr. on 2/3/2010 ORDERING 718 that the Receivers Fourth Motion for Order to Allow "A" Claims is hereby GRANTED, and the 81 investor claims totaling $2,855,931.15 as reflected on Exhibit 1 to the Receivers Fourth Motion for Order to Allow A Claims are allowed against the Receivership estate. (Reader, L)
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Filing
720
IT IS ORDERED, ADJUDGED AND DECREED the Receivers Interim Report for Period Ended October 31, 2009 is approved, and the receivership shall continue, signed by Judge Garland E. Burrell, Jr on 1/21/2010. (Suttles, J)
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Filing
709
ORDER signed by Judge Garland E. Burrell, Jr. on 12/18/2009 ORDERING 695 that the fees of Local Counsel Boutin Gibson Di Giusto Hodell Inc. be paid and Boutin Gibson Di Giusto Hodell Inc.'s expenses reimbursed, as set forth in Receiver's Seventh Interim Application to Allow and Pay Attorneys' Fees and Expenses of Local Counsel. (Reader, L)
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Filing
692
FINAL JUDGMENT as to Dft Kimberly A. Snowden, signed by Judge Garland E. Burrell, Jr on 11/5/09. (Kastilahn, A)
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Filing
691
ORDER signed by Judge Garland E. Burrell, Jr on 11/5/2009 granting 686 Motion for Order to Allow "A" Claims; the 159 investor claims totaling $5,980,206.69 as reflected in Exhibit "1" to the Receiver's Third Motion for Order to Allow "A" Claims are allowed against the Receivership estate. (Waggoner, D)
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Filing
679
STIPULATION AND ORDER regarding dismissal of claims against corporate defendants signed by Judge Garland E. Burrell, Jr on 9/16/2009. (Matson, R)
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Filing
674
ORDER signed by Judge Garland E. Burrell, Jr on 9/1/09 ORDERING that the Receiver's Second Motion for Order to Allow "A" Claims 660 is hereby GRANTED, and the one hundred twenty-three (123) investor claims reflected on Exhibit "1" to the Receiver's Second Motion for Order to Allow "A" Claims are allowed against the Receivership estate. (Becknal, R)
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Filing
663
ORDER ALLOWING PAYMENT OF ATTORNEYS' FEES AND EXPENSES OF LOCAL COUNSEL IN RECEIVER'S SIXTH INTERIM APPLICATION signed by Judge Garland E. Burrell, Jr on 8/10/09. (Mena-Sanchez, L)
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Filing
509
ORDER signed by Judge Garland E. Burrell, Jr on 4/9/09 ORDERING that Snowden's MOTION to Stay 488 is DENIED. (Mena-Sanchez, L)
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Filing
507
ORDER signed by Judge Garland E. Burrell, Jr on 4/6/09 ORDERING each side may submit a supplemental brief whether partial judgment is appropriate under Rule 54(b) no later than 4/13/09. (Carlos, K)
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Filing
505
TENTATIVE RULING signed by Judge Garland E. Burrell, Jr on 4/3/09 in advance of the April 6, 2009 Hearing. Snowden's 488 Motion to Stay is denied. (Donati, J)
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Filing
450
ORDER signed by Judge Garland E. Burrell, Jr. on 2/3/09 GRANTING 403 Receiver's Fourth Interim Application to Allow and Pay Fees and Expenses of Local Counsel. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the fees of Local Counsel Boutin Gibson Di Giusto Hodell Inc. be paid and Boutin Gibson Di Giusto Hodell Inc.'s expenses reimbursed, as set forth in Receiver's Fourth Interim Application to Allow and Pay Attorneys' Fees and Expenses of Local Counsel. (Engbretson, K.)
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Filing
421
ORDER signed by Judge Garland E. Burrell, Jr on 1/15/09 ORDERING that the examiner's fees and expenses be allowed and paid, and the attys' fees and expenses of Munsch Hardt Kopf & Harr, P.C. be allowed and paid. (Kastilahn, A)
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Filing
416
ORDER signed by Judge Garland E. Burrell, Jr. on 1/5/09 ORDERING that within 10 days Peter Pappas shall pay the Receiver $1,408.30 for his share of the premiums. Peter Pappas shall pay the Receiver his percentage share of all additional premium obligations within 10 days of the issuance of a written invoice. Should Peter Pappas fail to pay $1,408.30 for his share of the premiums or his percentage share of any additional premium obligations as they become due, Peter Pappas's 3.0286 % ownership and beneficial interest in the SLE-K(2) Policy will automatically be forfeited to the receivership estate and be replaced by an allowed claim for $10,000.00 in his favor. It is FURTHER ORDERED that in the event Peter Pappas's ownership and beneficial interest is forfeited to the receivership estate, then John Hancock is ORDERED to change its records to reflect and effectuate the transfer. (Engbretson, K.)
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Filing
107
ORDER signed by Senior Judge Ronald S.W. Lew on 02/04/08 GRANTING 97 and 98 Motions for Order to allow "A" claims; the 41 investor claims reflected on Exhibit A to the Receiver's First Motion for Order to Allow A Claims are allowed against the Receivership estate. (Manzer, C)
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Filing
51
ORDER signed by Judge Ronald S.W. Lew on 8/31/07 ORDERING the hearing for preliminary injunction is RESET for 10/26/2007 at 10:00 AM in Visiting Judge (TBD) before Senior Judge Ronald S.W. Lew. The defendants' 29 Request is DENIED as moot. (Donati, J)
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Filing
47
ORDER OF NON-RELATED CASES signed by Judge Frank C. Damrell Jr. on 8/30/07 ORDERING that the judge DECLINES to relate the cases pursuant to Local Rule 83-123(a). Assignment of the matters to the same judge is not likely to effect a substantial savings of judicial effort or other economies. (Engbretson, K.)
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Filing
28
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION signed by Judge Ronald S.W. Lew on 8/24/07. Defendants shall each file with this Court and serve upon the Commission, within five days of service of this Order, a sworn ac counting of all securties, funds, real estate, and other assets of each dft held in its, her or his name, or in which it, she or he has any direct or indirect beneficial interest, including the current location and amt or value of each of the assets. Dfts shall appear on 9/21/07 at 10:00 a.m. before Judge Lew, Courtroom to be determined, to show cause why a prelim injunction should not be issued against them as sought by the Commission. Dfts may file and serve written opposition not later than 4:00 p.m. on 9/7/07. The Commission may file and serve a reply memo not later than 4:00 p.m. on 9/14/07. (Kastilahn, A)
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Filing
23
ORDER signed by Judge Ronald S.W. Lew on 8/23/07 GRANTING 20 Motion to Seal Declaration in support of 6 Motion for Temporary Restraining Order. (Donati, J)
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