Lehman Brothers Bank v. Beverly Hills Estate, et al
Plaintiff: Juan Gonzalez
Defendant: Nicole LaViolette, J Gregory Van Orman, A-1 Appraisal Service, Prudential California Realty-John Aaroe Division, Erica Bastiaans, Beverly Hills Estates Funding Inc, Mark Young, PTD Partners LLC, Garrett Kreditor, Jamieson Matykowski, Donna Compton, Desert Pacific Financial Inc, Scott Robinson, Marian Masters, Judith Rebasz Blanchard, David Compton, Kyle Grasso, Ray Tibbitts, Charles Fitzgerald, Nicole Stark, Jan Van Orman, Ellen Hutt, Joseph Babajian, Greg Van Orman, Beverly Hills Estates Construction Corporation, America-1 Appraisal Service, Heather Compton, Prudential California Realty, FSC Ventures, Inc., Michael Dildine and Does 1 through 10, inclusive
Petitioner: John Z. Jeppesen, Hansen & Associates, Gerald M Friedman, ACF Partners, Michael J Fitzgerald, Steve Y Kim, California State Teachers' Retirement System, Melvin Markman, Marvin Gussman, Clinton K Michaelis, Barbara Markman, Geraldine W Michaelis and Union Bank of California
Cross Defendant: Charles Elliott Fitzgerald, Wilshire Equipment Rentals, Inc, Beverly Hills Developement Corporation, Cospec Inc, Meya Fitzgerald, Charles Jansen, Peggy Abrams, - and Virginia Grindley
Intervenor Defendant: Gregory Van Orman, Eoin Kreditor, John Greg Van Orman, Del Fern LLC, Lila Rizk, Beverly Hills Construction Management, LLC, Michael Fitzgerald, 2601 Bowmont Drive LLC, Summit Ridge LLC, Matthew Todd Compton, William Bill Thomas, Stone Canyon Bellagio LLC, Herbert I Abrams, Timothy Holland, 2701 Bowmont Drive LLC, Robert Holland, Vic Whitsett, Coldwell Banker Residential Brokerage Company, Elliott Fitzgerald, David Stephen Eisenberg, Rodeo Financial LLC, 655 Sarbonne LLC, Beverly Hills Development Corporation, Mark Abrams, Beverly Hills Construction Management Inc, 1777 Summit Ridge LLC, Does 1 through 100, inclusive, Summit Ridge II LLC, Pacific Realty, 1407 Davies Drive LLC, California Title Company, 1261 Angelo Drive LLC, United States of America, 2545 BWMT LLC and Stradella LLC
Intervenor Plaintiff: RBC Mortgage Company of California and RBC USA Holdco Corporation
Intervenor: Harriet Jasper, - and Harold Jasper, -
Claimant: D B Krauter
Counter Defendant: Lehman Brothers Bank FSB
Receiver: David J Pasternak
Not Classified By Court: Lawrence A Brockman
Case Number: 2:2003cv02702
Filed: April 17, 2003
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
Presiding Judge: Marc L Goldman
Referring Judge: Dean D Pregerson
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 21, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2013 Filing 2173 RECEIVER'S FINAL FINANCIAL REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 27, 2012 Filing 2172 Mail Returned addressed to Jamison Matykowski re #2165 (jre)
November 6, 2012 Filing 2171 Mail Returned addressed to Jan van Orman re order #2165 (lc)
November 6, 2012 Filing 2170 Mail Returned addressed to Kyle Grasso re Minutes #2164 (lc)
November 6, 2012 Filing 2169 Mail Returned addressed to Kyle Grasso re Order #2165 (lc)
November 6, 2012 Filing 2168 Mail Returned addressed to Jamieson Matykowski re minutes #2164 (lc)
November 2, 2012 Filing 2167 Mail Returned addressed to Jan Van Orman (Deceased) re Order on Motion for Order, Motion Hearing,, #2164 (jre)
October 25, 2012 Filing 2166 NOTICE of Entry of RULING filed by RECEIVER David J Pasternak. (Pasternak, David)
October 24, 2012 Opinion or Order Filing 2165 ORDER APPROVING RECEIVER'S FINAL REPORT AND ACCOUNT, ETC. by Judge Dean D. Pregerson:Fees and reimbursement of costs for the Receiver for the time period since November 1, 2006 are hereby approved and settled in the total amount of $506,200.80 (which includes a bonus in the amount of $62,500), of which theamount of $400,641.15 has been paid and the amount of $105,559.65 is unpaid.Fees and reimbursement of costs for the Receivers attorneys, Buchalter Nemer, P.C. for the time period since November 1, 2006 are hereby approved and settled in the total amount of $818,755.98 (which includes a bonus in theamount of $31,250), of which the amount of $768,641.84 has been paid and the amount of $50,114.14 is unpaid;Fees and reimbursement of costs for theReceivers Utah attorney, Julian D. Jensen, PC for the time period since November 1, 2006 are hereby approved and settled in the total amountof $4,297.09, all of which has been paid;Fees and reimbursement of costs for theReceivers tax attorneys, the Law Offices of A. Lavar Taylor for the time period since November1, 2006 are hereby approved and settled in thetotal amount of $49,921.65, all of which has been paid;Fees and reimbursement of costs for the Receivers forensic accountants/tax preparers, Crowe Horwath LLP for the time period since November 1, 2006 are hereby approved andsettled in the total amount of $532,777.94 (which includes a bonus in the amount of $31,250), of which the amount of $491,921.94 has been paid and the amount of $40,856.00 is unpaid;Fees and reimbursement of costs for theReceivers computer consultants, System Integration Consultants, for the time period since November 1, 2006 are hereby approved and settled in the total amount of $26,424.40, all of which has been paid;The Receiver shall disburse the balance of the funds in this receivership in accordance with his Final Report and Account as follows: The Receiver shall disburse $469,769.50 to Lehman Brothers Bank, FSB or its successors or assigns (collectively "Lehman") for the Lehman portion of collected property taxes refunds; The Receiver shall disburse $474,769.50 to RBC Mortgage Company of California, Inc. or its successors or assigns for its portion of collected property tax refunds. (see document for other specifics).The judgment in favor of the Receiver andagainst David Eisenberg and all of the Receiver's rights under the Settlement and Release Agreement executed on or about February 2, 2012 by David Eisenberg are hereby assigned in full to Lehman;The Receiver is discharged from any further duties or responsibilities, and the receivership is hereby terminated;11. All bonds posted herein are hereby exonerated with respect to this action only. (lc)
October 22, 2012 Filing 2164 MINUTES OF HEARING OF RECEIVER'S FINAL REPORT AND ACCOUNT AND MOTION FOR ISSUANCE OF RELATED ORDERS (DOCKET NUMBER #2151 ) held before Judge Dean D. Pregerson: Court and counsel confer as reflected on the record. The motion is granted with an order to be issued hereafter. Court Reporter: Maria Bustillos. (jre)
October 15, 2012 Filing 2163 Mail Returned addressed to Matthew Todd Compton re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Motion Hearing and R&R Deadlines,, #2155 (jre)
October 10, 2012 Filing 2162 MAIL RETURNED addressed to Jan Van Orman at 5945 Sierra Drive Mountain Green, UT 84050 re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Motion Hearing and R&R Deadlines #2155 (ir)
October 1, 2012 Filing 2161 Mail Returned addressed to Jamieson Matykowski re Minutes of In Chambers Order/Directive - no proceeding held #2155 (lc)
October 1, 2012 Filing 2160 Mail Returned addressed to David Compton re Minutes of In Chambers Order/Directive - no proceeding held #2155 . (lc)
October 1, 2012 Filing 2159 Mail Returned addressed to Donna Compton re Minutes of In Chambers Order/Directive - no proceeding held #2155 (lc)
October 1, 2012 Filing 2158 Mail Returned addressed to Heather Compton re Minutes of In Chambers Order/Directive - no proceeding held #2155 (lc)
September 27, 2012 Filing 2157 Mail Returned addressed to Kyle Grasso re Minutes of In Chambers Order/Directive - no proceeding held #2155 (lc)
September 26, 2012 Filing 2156 Mail Returned addressed to Jamieson Matykowski re Notice of Deficiency in Electronically Filed Documents (G-112) #2152 (lc)
September 19, 2012 Opinion or Order Filing 2155 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL AND PARTIES ARE NOTIFIED that the Court accepts the NOTICE OF HEARING OF RECEIVER'S FINAL REPORT AND ACCOUNT AND MOTION FOR ISSUANCE OF RELATED ORDERS #2151 as a Noticed Motion with at hearing date of October 22, 2012 at 10:00 a.m. Counsel shall use the correct event in all future filings. (lc)
September 13, 2012 Filing 2154 Mail Returned addressed to Kyle Grasso re Notice of Deficiency in Electronically Filed Documents #2152 (jre)
September 13, 2012 Filing 2153 Mail Returned addressed to Jan Van Orman re Notice of Deficiency in Electronically Filed Documents #2152 (jre)
September 4, 2012 Filing 2152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #2151 (pdf is a motion for 10/22/12 10:00 hearing. The following error(s) was found: Incorrect event selected and therefore NO Hearing was calendared. The correct event is: Motion: order. (follow prompts to set hearing date) 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. (lc)
August 31, 2012 Filing 2151 NOTICE OF HEARING OF RECEIVER'S FINAL REPORT AND ACCOUNT AND MOTION FOR ISSUANCE OF RELATED ORDERS; RECEIVER'S FINAL REPORT AND ACCOUNT, ETC filed by RECEIVER David J Pasternak. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Pasternak, David) Modified on 9/19/2012 (lc).
May 4, 2012 Filing 2150 Mail Returned addressed to Matthew Todd Compton re Order #2134 (cch)
May 4, 2012 Filing 2149 Mail Returned addressed to David Compton re Order on Motion to Dismiss Case #2133 (cch)
May 4, 2012 Filing 2148 Mail Returned addressed to Donna Compton re Order on Motion to Dismiss Case #2133 (cch)
May 4, 2012 Filing 2147 Mail Returned addressed to Donna Compton re Order #2134 (cch)
May 4, 2012 Filing 2146 Mail Returned addressed to David Compton re Order #2134 (cch)
May 4, 2012 Filing 2145 Mail Returned addressed to Matthew Todd Compton re Order on Motion to Dismiss Case #2133 . (cch)
May 4, 2012 Filing 2144 Mail Returned addressed to Heather Compton re Order #2134 (cch)
May 4, 2012 Filing 2143 Mail Returned addressed to Heather Compton re Order on Motion to Dismiss Case #2133 (cch)
April 30, 2012 Filing 2142 Mail Returned addressed to Nicole LaViolette re Order on Ex Parte Application for Hearing #2114 (cch)
April 26, 2012 Filing 2141 Mail Returned addressed to Nicole LaViolette re Order, #2134 (sch)
April 26, 2012 Filing 2140 Mail Returned addressed to Nicole LaViolette re Motion Hearing, #2133 (sch)
April 26, 2012 Filing 2139 Mail Returned addressed to Jan Van Orman re Order, #2134 (sch)
April 26, 2012 Filing 2138 Mail Returned addressed to Jan Van Orman re Motion Hearing, #2133 (sch)
April 26, 2012 Filing 2137 Mail Returned addressed to Kyle Grasso re Order, #2134 (sch)
April 26, 2012 Filing 2136 Mail Returned addressed to Kyle Grasso re Motion Hearing, #2133 (sch)
April 25, 2012 Filing 2135 ONE HUNDRED AND EIGHTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
April 16, 2012 Opinion or Order Filing 2134 ORDER GRANTING #2111 Intervenor Plaintiff RBCs MOTION TO DISMISS WITHOUT PREJUDICE REMAINING DEFENDANTS FROM INTERVENOR PLAINTIFF RBCSCOMPLAINT IN INTERVENTION. The following individual Defendants are dismissedwithout prejudice: Matthew Todd Compton dba Pacific California Estates Realty dbaEstates Escrow dba Star Escrow; Erica Bastiaans; Judith Rebasz Blanchard; Timothy Holland; Peggy Abrams; David Compton; David Stephen Eisenberg; Virginia Grindley; Nicole LaViolette aka Nicole Stark; Jamieson Matykowski; Vic Whitsett; and Michael Fitzgerald.All parties shall bear their own attorney fees and costs by Judge Dean D. Pregerson (lc)
April 16, 2012 Filing 2133 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE MOTION TO DISMISS CASE WITHOUT PREJUDICE REMAINING DEFENDANTS FROM INTERVENOR PLAINTIFF RBC'S COMPLAINT IN INTERVENTION FILED BY INTERVENOR PLAINTIFF RBC MORTGAGE COMPANY OF CALIFORNIA #2111 .Court and counsel confer as reflected on the record. The motion is granted with an order to be issued hereafter.Court Reporter: Maria Bustillos. (lc)
April 16, 2012 Filing 2132 Mail Returned addressed to Jan Van Orman re Order #2124 (sch)
April 16, 2012 Filing 2131 Mail Returned addressed to Kyle Grasso re Order #2124 (sch)
April 5, 2012 Filing 2130 Mail Returned addressed to Kyle Grasso re Order authorizing receiver, #2114 (sch)
April 5, 2012 Filing 2129 Mail Returned addressed to David Compton re Order authorizing receiver, #2114 (sch)
April 5, 2012 Filing 2128 Mail Returned addressed to Matthew Todd Compton re Order authorizing receiver, #2114 (sch)
April 5, 2012 Filing 2127 Mail Returned addressed to Heather Compton re Order authorizing receiver, #2114 (sch)
April 5, 2012 Filing 2126 Mail Returned addressed to Donna Compton re Order authorizing receiver, #2114 (sch)
April 5, 2012 Filing 2125 Mail Returned addressed to Jan Van Orman re Order authorizing receiver, #2114 (sch)
April 4, 2012 Opinion or Order Filing 2124 ORDER AUTHORIZING RECEIVER TO EXECUTE WRITTEN SETTLEMENT AGREEMENT ANDDETERMINING GOOD FAITH SETTLEMENT by Judge Dean D. Pregerson (lc)
April 4, 2012 Filing 2123 Mail Returned addressed to Heather Compton re Order dismissing action with prejudice, #2100 (sch)
April 4, 2012 Filing 2122 Mail Returned addressed to David Compton re Order dismissing action with prejudice, #2100 (sch)
April 4, 2012 Filing 2121 Mail Returned addressed to Donna Compton re Order dismissing action with prejudice, #2100 (sch)
April 4, 2012 Filing 2120 Mail Returned addressed to Matthew Todd Compton re Order dismissing action with prejudice, #2100 (sch)
April 4, 2012 Filing 2119 Mail Returned addressed to Kyle Grasso re Order Dismissing Action with prejudice, #2100 (sch)
April 3, 2012 Filing 2118 Mail Returned addressed to Nicole LaViolette re Order dismissing action with prejudice, #2100 (sch)
April 3, 2012 Filing 2117 Mail Returned addressed to Jan Van Orman re Order dismissing action with prejudice, #2100 (sch)
April 3, 2012 Filing 2116 Mail Returned addressed to Jamieson Matykowski re Order Granting Motions for Determination of Good Faith Settlement, #2089 (sch)
March 20, 2012 Filing 2115 ONE HUNDRED AND SEVENTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
March 14, 2012 Opinion or Order Filing 2114 ORDER by Judge Dean D. Pregerson: granting #2113 Emergency Ex Parte Application for Issuance of Order Authorizing Receiver to Release Funds to TheREO Group, Inc. The Receiver is hereby authorized to release funds in the total amount of $326,389.22 to The REO Group, Inc. The notice relating to the subject Motion wasadequate. (lc)
March 12, 2012 Filing 2113 EX PARTE APPLICATION for Hearing Issuance of order authorizing receiver to release funds to REO Group filed by Receiver David J Pasternak. (Attachments: #1 Declaration, #2 Proposed Order)(Pasternak, David)
March 5, 2012 Filing 2112 NOTICE OF DISMISSAL filed by Intervenor Plaintiff RBC Mortgage Company of California pursuant to FRCP 41a(1) Without Prejudice as to 1261 Angelo Drive LLC, 1407 Davies Drive LLC, 1777 Summit Ridge LLC, 2545 BWMT LLC, 2601 Bowmont Drive LLC, 2701 Bowmont Drive LLC, 655 Sarbonne LLC, Mark Abrams, Beverly Hills Construction Management Inc, Beverly Hills Construction Management, LLC, Beverly Hills Development Corporation, Beverly Hills Estates Funding Inc, Del Fern LLC, Desert Pacific Financial Inc(a California corporation), Desert Pacific Financial Inc, Michael Dildine, Charles Elliott Fitzgerald, Meya Fitzgerald, Robert Holland, Charles Jansen, Garrett Kreditor, Marian Masters, Jan Van Orman, PTD Partners LLC, PTD Partners LLC(a California limited liability company), Stone Canyon Bellagio LLC, Stradella LLC, Summit Ridge II LLC, Summit Ridge LLC, Mark Young. (Glennon, Brian)
March 5, 2012 Filing 2111 NOTICE OF MOTION AND MOTION to Dismiss Case Without Prejudice Remaining Defendants From Intervenor Plaintiff RBC's Complaint in Intervention; Memorandum of Points and Authorities in Support Thereof filed by Intervenor Plaintiff RBC Mortgage Company of California. Motion set for hearing on 4/16/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Glennon, Brian)
March 5, 2012 Filing 2110 ONE HUNDRED AND SIXTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
February 16, 2012 Filing 2107 NOTICE of Entry of RULING: ENTRY OF ORDER DISMISSING ACTION WITH PREJUDICE AS TO DEFENDANTS CALIFORNIA TITLE COMPANY, WILLIAM THOMAS, PICKFORD REALTY, LTD. DBA PRUDENTIAL CALIFORNIA REALTY, JOSEPH BABAJIAN AND KYLE GRASSO filed by DEFENDANTS California Title Company, William Bill Thomas. (Lewis, Lawrence)
February 14, 2012 Opinion or Order Filing 2100 ORDER DISMISSING ACTION WITH PREJUDICE upon stipulation #2098 as to Defendant KYLE GRASSO, with each party to bear its/his own costs and attorneys' fees, including expert witness fees. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that this ORDER dismissing the Action does not release or dismiss Defendant KYLE GRASSO from any final restitution order issued by the Court in another matter by Judge Dean D. Pregerson (Made JS-6. Case Terminated.) (lc)
February 13, 2012 Filing 2098 STIPULATION to Dismiss Case pursuant to FRCP, Rule 41(a)(1)(A)(ii) and Rule 41(a)(2) filed by Defendants California Title Company, William Bill Thomas. (Attachments: #1 Proposed Order)(Lewis, Lawrence)
January 31, 2012 Filing 2090 NOTICE of Change of Attorney Information for attorney John N Zarian counsel for Movants Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. Filed by Movants Union Bank of California, Clinton Michaelis and Geraline Michaelis (Zarian, John)
January 31, 2012 Opinion or Order Filing 2089 ORDER GRANTING MOTIONS OF DEFENDANTS CALIFORNIA TITLE COMPANY, WILLIAM THOMAS,PICKFORD REALTY, LTD. dba PRUDENTIAL CALIFORNIA REALTY AND JOSEPH BABAJIAN FORDETERMINATION OF GOOD FAITH SETTLEMENT #2063 , #2065 , #2066 by Judge Dean D. Pregerson (see document for specifics). (lc)
January 23, 2012 Filing 2079 MINUTES: MOTION FOR SETTLEMENT APPROVAL OF GOOD FAITH SETTLEMENT FILED BY DEFENDANT PRUDENTIAL CALIFORNIA REALTY #2063 ; MOTION FOR SETTLEMENT APPROVAL OF GOOD FAITH SETTLEMENT FILED BY DEFENDANTS CALIFORNIA TITLE COMPANY, WILLIAM BILL THOMAS #2065 ; and MOTION FOR SETTLEMENT APPROVAL OF SETTLEMENTAGREEMENT BETWEEN PLAINTIFFS RBC MORTGAGE COMPANY OF CALIFORNIA AND RBC USA HOLDCO CORPORATION, ON THE ONE HAND, AND DEFENDANT JOSEPH BABAJIAN, ON THE OTHER HAND FILED BY DEFENDANT JOSEPH BABAJIAN #2066 : Court hears oral argument and takes the matters under submission by Judge Dean D. Pregerson.Court Reporter: Maria Bustillos. (ir)
January 11, 2012 Filing 2078 ONE HUNDRED AND FIFTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
January 4, 2012 Filing 2072 PROOF OF SERVICE filed by Defendants California Title Company, William Bill Thomas, re Proof of Service (subsequent documents), Proof of Service (subsequent documents) #2069 served on January 3, 2012. (Lewis, Lawrence)
January 3, 2012 Filing 2071 REPLY Reply to Defendants' Good Faith Settlement Motion MOTION for Settlement Approval of Good Faith Settlement #2063 , MOTION for Settlement Approval of Good Faith Settlement #2065 , MOTION for Settlement Approval of Settlement Agreement between Plaintiffs RBC Mortgage Company of California and RBC USA Holdco Corporation, on the one hand, and Defendant Joseph Babajian, on the other hand #2066 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Harker, Jay)
December 30, 2011 Filing 2070 PROOF OF SERVICE filed by Defendant Joseph Babajian, re MOTION for Settlement Approval of Settlement Agreement between Plaintiffs RBC Mortgage Company of California and RBC USA Holdco Corporation, on the one hand, and Defendant Joseph Babajian, on the other hand #2066 and Declaration of Jeff Augustini in Support Thereof served on December 30, 2011. (Augustini, Jeff)
December 22, 2011 Filing 2069 PROOF OF SERVICE filed by Defendants California Title Company, William Bill Thomas, re MOTION for Settlement Approval of Good Faith Settlement #2065 , Notice of Lodging #2068 served on Notice of Motion and Motion for Determination of Good Faith Settlement; Notice of Lodging Proposed Order. (Lewis, Lawrence)
December 22, 2011 Filing 2068 NOTICE OF LODGING filed Proposed Order Granting re MOTION for Settlement Approval of Good Faith Settlement #2065 (Attachments: #1 Proposed Order)(Lewis, Lawrence)
December 22, 2011 Filing 2067 PROOF OF SERVICE filed by Defendant Joseph Babajian, re MOTION for Settlement Approval of Settlement Agreement between Plaintiffs RBC Mortgage Company of California and RBC USA Holdco Corporation, on the one hand, and Defendant Joseph Babajian, on the other hand #2066 and Declaration of Jeff Augustini in Support Thereof served on December 22, 2011. (Augustini, Jeff)
December 22, 2011 Filing 2066 NOTICE OF MOTION AND MOTION for Settlement Approval of Settlement Agreement between Plaintiffs RBC Mortgage Company of California and RBC USA Holdco Corporation, on the one hand, and Defendant Joseph Babajian, on the other hand filed by Defendant Joseph Babajian. Motion set for hearing on 1/23/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Jeff Augustini in Support Thereof, #2 Exhibit A-E to Declaration of Jeff Augustini in Support Thereof, #3 Exhibit F-J of Declaration of Jeff Augustini in Support Thereof, #4 Exhibit K-O to Declaration of Jeff Augustini in Support Thereof)(Augustini, Jeff)
December 22, 2011 Filing 2065 NOTICE OF MOTION AND MOTION for Settlement Approval of Good Faith Settlement filed by Defendants California Title Company, William Bill Thomas. Motion set for hearing on 1/23/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lewis, Lawrence)
December 22, 2011 Filing 2064 ONE HUNDRED AND FOURTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
December 22, 2011 Filing 2063 NOTICE OF MOTION AND MOTION for Settlement Approval of Good Faith Settlement filed by Defendant Prudential California Realty. Motion set for hearing on 1/23/2012 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Robert D. MacGill)(O'Brien, Kenneth)
December 20, 2011 Opinion or Order Filing 2061 ORDER GRANTING (1) JOINT MOTION OF DEFENDANTS CALIFORNIA TITLE COMPANY, WILLIAM THOMAS, PICKFORD REALTY, LTD. dba PRUDENTIAL CALIFORNIA REALTY, JOSEPH BABAJIAN AND FSC VENTURES, INC. FOR DETERMINATION OF GOOD FAITH SETTLEMENT #2019 ; and(2) MOTION OF DAVID J. PASTERNAK FOR ORDER AUTHORIZING RECEIVER TO ENTER INTO SETTLEMENT AGREEMENT AND FOR DETERMINATION OF GOOD FAITH SETTLEMENT #2020 by Judge Dean D. Pregerson (lc)
December 19, 2011 Filing 2060 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE:MOTION FOR SETTLEMENT APPROVAL OF GOOD FAITH SETTLEMENT FILED BY DEFENDANTS PRUDENTIALCALIFORNIA REALTY #2019 ; RECEIVER'S MOTION FOR ISSUANCE OF ORDER AUTHORIZINGRECEIVER TO ENTER INTO SETTLEMENT AGREEMENT AND DETERMINING GOOD FAITH SETTLEMENT #2020 . Court and counsel confer as reflected on the record. The [Proposed] Order shall issue hereafterCourt Reporter: Maria Bustillos. (lc)
November 28, 2011 Filing 2034 REPLY TO DEFENDANTS' GOOD FAITH SETTLEMENT MOTION filed by Receiver David J Pasternak. (Pasternak, David)
November 23, 2011 Filing 2029 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Receivers Amendment (Motion related) #2027 . The following error(s) was found: Incorrect event selected. Amendment attempted to amend a "motion" which was ONLY a proposed order. No Hearing was scheduled. 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. (lc)
November 22, 2011 Filing 2028 NOTICE OF LODGING filed re Amendment (Motion related) #2027 (Attachments: #1 Proposed Order)(Patton, John)
November 22, 2011 Filing 2027 Amendment to MOTION for Order for Authorizing Receiver to Enter Into Settlement Agreemetn and Determining Good Faith Settlement #2021 filed by Receiver David J Pasternak. (Attachments: #1 Declaration)(Patton, John)
November 21, 2011 Filing 2026 ONE HUNDRED AND THIRD REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 21, 2011 Filing 2025 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Receviers MOTION for Order for Authorizing Receiver to Enter Into Settlement Agreemetn and Determining Good Faith Settlement #2021 , MOTION for Order for [Proposed] Order Authorizing Receiver to Enter Into Settlement Agreement and Determining Good Faith Settlement MOTION for Order for [Proposed] Order Authorizing Receiver to Enter Into Settlement Agreement and Determining Good Faith Settlement #2024 . The following error(s) was found: Incorrect document is attached to the docket entry. Both PDFS are proposed orders, No formal notice and Motion e-filed. Due to errors in filing 2 hearings were set on Judges calendar, but no motions on file. NOTE clerk has termed these 2 erroneous hearings. Proposed orders should not be e-filed in themselves, but should have been subm submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc)
November 18, 2011 Filing 2024 NOTICE OF MOTION AND MOTION for Order for [Proposed] Order Authorizing Receiver to Enter Into Settlement Agreement and Determining Good Faith Settlement filed by Receiver David J Pasternak. Motion set for hearing on 12/19/2011 at 10:00 AM before Judge Dean D. Pregerson. (Patton, John)
November 18, 2011 Filing 2023 DECLARATION of David J. Pasternak in Support MOTION for Order for Authorizing Receiver to Enter Into Settlement Agreemetn and Determining Good Faith Settlement #2021 filed by Receiver David J Pasternak. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Patton, John)
November 18, 2011 Filing 2022 DECLARATION of David J. Pasternak MOTION for Order for Authorizing Receiver to Enter Into Settlement Agreemetn and Determining Good Faith Settlement #2021 filed by Receiver David J Pasternak. (Pasternak, David)
November 18, 2011 Filing 2021 NOTICE OF MOTION AND MOTION for Order for Authorizing Receiver to Enter Into Settlement Agreemetn and Determining Good Faith Settlement filed by Receiver David J Pasternak. Motion set for hearing on 12/19/2011 at 10:00 AM before Judge Dean D. Pregerson. (Pasternak, David)
November 18, 2011 Filing 2020 RECEIVER;S MOTION FOR ISSUANCE OF ORDER AUTHORIZING RECEIVER TO ENTER INTO SETTLEMENT AGREEMENT AND DETERMINING GOOD FAITH SETTLEMENT re Joint MOTION for Settlement Approval of Good Faith Settlement #2019 filed by Receiver David J Pasternak. (Pasternak, David) Modified on 12/20/2011 (lc).
November 18, 2011 Filing 2019 NOTICE OF MOTION AND Joint MOTION for Settlement Approval of Good Faith Settlement filed by Defendants Prudential California Realty. Motion set for hearing on 12/19/2011 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Exhibit A to Joint Motion re Settlement, #2 Declaration of Robert MacGill, #3 Declaration of William Thomas, #4 Declaration of Jeff Augustini, #5 Declaration of Lawrence Lewis and Exhibits A & B, #6 Declaration Exhibits C, D & E to Lewis Decl., #7 Proof of Service of Joint Motion re Settlement, #8 Proposed Order Order re Settlement Motion)(O'Brien, Kenneth)
November 18, 2011 Notice of Electronic Filing re Joint MOTION for Settlement Approval of Good Faith Settlement #2019 e-mailed to Jamieson Matykowski bounced due to invalid e-mail address. The primary e-mail address associated with the party 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. (jj) TEXT ONLY ENTRY
November 10, 2011 Opinion or Order Filing 2018 ORDER that the Court grants Herbert I. Abram's Request for Dismissal #2013 .Therefore, Herbert I. Abrams is ordered dismissed from this case as long as any property or the proceeds thereof obtained by the Receiver for the receivership estate from Herbert I. Abrams remains in the receivership estate by Judge Dean D. Pregerson (lc)
October 28, 2011 Filing 2016 RESPONSE filed by Receiver David J Pasternak TO HERBERT I. ABRAMS REQUEST FOR DISMISSAL (Pasternak, David)
October 26, 2011 Filing 2014 ONE HUNDRED AND SECOND REPORT filed by Receiver David J Pasternak. (Pasternak, David)
October 21, 2011 Filing 2013 REQUEST to Dismiss filed by defendant Herbert I Abrams. (lc)
September 13, 2011 Filing 2012 ONE HUNDRED AND FIRST REPORT filed by Receiver David J Pasternak. (Pasternak, David)
August 17, 2011 Filing 1926 One Hundredth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
August 12, 2011 Filing 1925 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: The following docket entries are hereby VACATED as MOOT: Docket No. #1764 ,Docket No. #1874 , Docket No. #1911 . (lc)
August 12, 2011 Filing 1924 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO AMEND SCHEDULING ORDER AND COMPLAINT FILED BY PLAINTIFFS/ INTERVENORS RBC MORTGAGE COMPANY OF CALIFORNIA, RBC USAHOLDCO CORPORATION (FILED ON 07-15-11/DOCKET NUMBER 1882) set for August 15, 2011 at 10:00 a.m., is hereby VACATED (lc)
August 12, 2011 Filing 1923 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AND/OR SPECIFICATION OF MATERIAL FACTS NOT GENUINELY IN DISPUTE OF DEFENDANTS CALIFORNIA TITLE COMPANY AND WILLIAM THOMAS (FILED ON 05-27-11; DOCKET NUMBER 1774) set for August 22, 2011 at 10:00 a.m., is hereby VACATED. (lc) Modified on 8/15/2011 (lc).
August 12, 2011 Opinion or Order Filing 1922 ORDER by Judge Dean D. Pregerson:1. The discovery deadline remains September 30, 2011. The following dates are reset as follows: 2. Trial is scheduled for December 6, 2011 at 9:00 a.m. The final pre-trial conference is scheduled for November 28, 2011 at 11:00 a.m. 3. Lead trial counsel shall meet in person on or before September 16, 2011 in order to agree to the greatest extent possible on the following: a. Stipulated facts to be read to the jury. b. The authenticity and admissibility of documents. c. The resolution of contemplated motions in limine. In the event that any in limine disputes cannot be resolved, the parties shall be permitted to file no more than six motions in limine per side. Each motion in limine shall be limited to one issue.4. Dispositive motions and motions in limine shall be filed no later than September 30, 2011, and will be heard on October 31, 2011. Lead trial counsel shall meet andconfer in person prior to filing any dispositive motions. Motions in limine shall be limited to ten pages. 5. On or before August 26, 2011 the parties shall file an agreed upon set of jury instructions, as set forth in thecourts standard procedures.6. Each side shall be limited to 30 hours of trial time.7. No further continuances shall be granted. (lc)
August 11, 2011 Filing 1919 MINUTES OF LOCAL RULE 16-14.4 SETTLEMENT CONFERENCE held before Judge Dean D. Pregerson: Court conducts settlement conference without reaching a resolution. Court Reporter: None Present. (jp)
August 9, 2011 Opinion or Order Filing 1918 ORDER by Judge Dean D. Pregerson GRANTING Request for Approval of Substitution of Attorney Jay D Harker for RBC USA Holdco Corporation, in place and stead of Ropers Majeski Kohn & Bentley #1906 . (jp)
August 9, 2011 Opinion or Order Filing 1917 ORDER by Judge Dean D. Pregerson GRANTING Request for Approval of Substitution of Attorney Jay D Harker for RBC Mortgage Company of California, in place and stead of Ropers Majeski Kohn & Bentley #1905 . (jp)
August 3, 2011 Filing 1912 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #1908 , Notice (Other) #1907 . The following error(s) was found: Incorrect event selected. The correct event is: Manual Filing (G-92). 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)
August 1, 2011 Filing 1911 APPLICATION to File Their Response, to Defendant California Title Company's and Defendant William Thomas Motion for Summary Judgment and Related Exhibits Under Seal, filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. Lodged Proposed Order. (jp)
August 1, 2011 Filing 1910 CERTIFICATE OF SERVICE filed by Plaintiffs/Intervenor RBC Mortgage Company of California, RBC USA Holdco Corporation, re Notice (Other), Notice (Other) #1907 served on 8/1/2011. (Schmookler, Scott)
August 1, 2011 Filing 1909 REPLY in Support MOTION to AMEND SCHEDULING ORDER AND COMPLAINT #1882 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Declaration of Scott L. Schmookler, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Schmookler, Scott)
August 1, 2011 Filing 1908 NOTICE of Manual Filing of Application of Plaintiff/Intervenors to File Thier Response to Defendant Claifornia Title Company's and William Thomas' Motion for Summary Judgment and Proposed Order filed by Plaintiff/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Harker, Jay)
August 1, 2011 Filing 1907 NOTICE of Manual Filing of Response to Defendant California Title Company's and Defendant William Thomas' Motion for Summary Judgment; Response in Opposition to Motion for Summary Judgment; Material Facts; Declaration of Scott Schmookler filed by Plaintiff/Intervenor RBC Mortgage Company of California, RBC USA Holdco Corporation. (Harker, Jay)
July 27, 2011 Filing 1906 REQUEST to Substitute attorney Jay D. Harker in place of attorney Ernest E. Price filed by Plaintiff/Intervenor RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Harker, Jay)
July 27, 2011 Filing 1905 REQUEST to Substitute attorney Jay D. Harker in place of attorney Ernest E. Price filed by Plaintiff/Intervenor RBC Mortgage Company of California. (Attachments: #1 Proposed Order)(Harker, Jay)
July 26, 2011 Filing 1903 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #1893 . The following error(s) was found: Incorrect event selected. The correct event is: Notices/Appearance of Counsel. Note: Wrong event does not provide relief or changes sought. 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. (lt)
July 26, 2011 Filing 1902 Notice of Withdrawal of Order on Ex Parte Application for Hearing re Discovery Matter,, #1891 , Ex Parte Application for Hearing re Discovery Matter, #1881 , Motion for Hearing re Discovery Matter,,,, #1867 , Supplement(Motion related), Supplement(Motion related) #1894 filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Harker, Jay)
July 25, 2011 Filing 1899 NINETY-NINTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
July 25, 2011 Filing 1898 DECLARATION re MEMORANDUM in Opposition to Motion #1897 (of Jeff Augustini in Support Thereof) filed by Defendant Joseph Babajian. (Augustini, Jeff)
July 25, 2011 Filing 1897 MEMORANDUM in Opposition to MOTION to AMEND SCHEDULING ORDER AND COMPLAINT #1882 filed by Defendant Joseph Babajian. (Augustini, Jeff)
July 25, 2011 Filing 1896 MEMORANDUM in Opposition to MOTION to AMEND SCHEDULING ORDER AND COMPLAINT #1882 filed by Defendants California Title Company, William Bill Thomas. (Attachments: #1 Declaration Declaration of Lawrence D. Lewis)(Lewis, Lawrence)
July 22, 2011 Filing 1895 MEMORANDUM in Opposition to MOTION for Hearing Compel with FRCP Rule 30(c)(2) MOTION for Hearing Compel with FRCP Rule 30(c)(2) MOTION for Hearing Compel with FRCP Rule 30(c)(2) MOTION for Hearing Compel with FRCP Rule 30(c)(2) MOTION for Hearing Compel with FRCP Rule 30(c)(2) #1867 Supplemental filed by Defendant California Title Company. (Lewis, Lawrence)
July 21, 2011 Filing 1894 SUPPLEMENT to Docket #1867 -- RBC's Supplemental Memorandum in Support of RBC's Motion in Order to Compel Compliance with FRCP Rule 30(c)(2) filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Sklar, Arnold)
July 21, 2011 Filing 1893 NOTICE filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Notice of Appearance of Jay D. Harker (Harker, Jay)
July 21, 2011 Opinion or Order Filing 1892 ORDER by Judge Dean D. Pregerson, hereby grants the parties' Stipulation to Extend the date of the factual discovery Cut-Off #1890 to 9/30/11. All other dates in the Court's Scheduling Order shall remain the same. (ir)
July 20, 2011 Opinion or Order Filing 1891 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Marc L. Goldman: granting #1881 Ex Parte Application to advance Hearing. Plaintiffs ex parte motion to advance the hearing on Plaintiffs motion to compel is GRANTED.The motion shall be heard on July 28, 2011, at 10:00 a.m. All counsel are instructed to read and become familiar with the Courts Civility and Professionalism Guidelines prior to the hearing. Those guidelines canbe found under the attorney admissions section of the Courts website at www.cacd.uscourts.gov. (twdb)
July 18, 2011 Filing 1890 STIPULATION to Extend Discovery Cut-Off Date to September 30, 2011 filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Price, Ernest)
July 18, 2011 Filing 1889 MEMORANDUM in Opposition to EX PARTE APPLICATION for Hearing as to advance hearing date on RBC's Motion to Compel California Title Company's counsel to comply with FRCP Rule 30(c)(2) and continue depositions and for sanctions EX PARTE APPLICATION for Hearing as to advance hearing date on RBC's Motion to Compel California Title Company's counsel to comply with FRCP Rule 30(c)(2) and continue depositions and for sanctions #1881 filed by Defendant California Title Company. (Lewis, Lawrence)
July 15, 2011 Filing 1882 NOTICE OF MOTION AND MOTION to AMEND SCHEDULING ORDER AND COMPLAINT filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 8/15/2011 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum, #2 Declaration of Ernest E. Price, #3 Proposed Order)(Price, Ernest)
July 15, 2011 Filing 1881 EX PARTE APPLICATION for Hearing as to advance hearing date on RBC's Motion to Compel California Title Company's counsel to comply with FRCP Rule 30(c)(2) and continue depositions and for sanctions filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Price, Ernest)
July 14, 2011 Opinion or Order Filing 1880 ORDER by Judge Dean D. Pregerson: 1. Plaintiffs' Opposition to the Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment and/or Specification of Material Facts Not Genuinely in Dispute of Defendants California Title Company and William Thomas ("Motion") shall be filed and served on or before August 1, 2011; 2. Plaintiffs' Opposition may be as long as 35 pages, exclusive of declarations and exhibits; 3. The Reply of Defendants CalTitle and Thomas to Plaintiffs' Opposition shall be filed and served on or before August 15, 2011; and 4. The hearing on the Motion of Defendants CalTitle and Thomas shall (a) remain as scheduled on August 22, 2011. (lc)
July 12, 2011 Filing 1879 STIPULATION for Hearing re Briefing Schedule for Motion for Summary Judgment filed by CalTitle and Thomas filed by Defendants California Title Company, William Bill Thomas. (Attachments: #1 Proposed Order)(Lewis, Lawrence)
July 11, 2011 Filing 1874 EX PARTE APPLICATION to Exceed Page Limitation memorandum in opposition to Cal Title & Thomas Motion for Summary Judgment filed by plaintiffs/intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Declaration of Arnold E. Sklar, #2 Proposed Order)(Price, Ernest)
July 8, 2011 Filing 1867 NOTICE OF MOTION AND MOTION for Hearing Compel with FRCP Rule 30(c)(2) filed by Plaintiffs/Intervenors David J Pasternak, RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 8/9/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Attachments: #1 Joint Stipulation, #2 Declaration Ernest E. Price, #3 Exhibit A, Decl. EEP, #4 Exhibit B, Decl. EEP, #5 Exhibit C, Decl. EEP, #6 Exhibit D, Decl. EEP, #7 Declaration Lawrence D. Lewis, #8 Exhibit A, Decl. LDL, #9 Exhibit B, Decl. LDL, #10 Exhibit C, Decl. LDL, #11 Exhibit D, Decl. LDL, #12 Exhibit E, Decl. LDL, #13 Exhibit F, Decl. LDL, #14 Exhibit G, Decl. LDL, #15 Exhibit H, Decl. LDL, #16 Exhibit I, Decl. LDL, #17 Exhibit J, Decl. LDL, #18 Exhibit K, Decl. LDL, #19 Declaration Jeff Augustini, #20 Declaration William D. Burding, Jr., #21 Declaration Wayne A. Conduit, #22 Affidavit Certificate of Service, #23 Proposed Order)(Price, Ernest)
June 23, 2011 Filing 1845 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/7/11 at 11:39 AM (mw)
June 23, 2011 Filing 1844 TRANSCRIPT for proceedings held on 6/7/11 11:39 AM. Court Reporter/Electronic Court Recorder: Huntingtion Court Reporters and Transcription, Inc., phone number (626) 792-7250. 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 7/14/2011. Redacted Transcript Deadline set for 7/24/2011. Release of Transcript Restriction set for 9/21/2011. (mw)
June 22, 2011 Filing 1843 NINETY-EIGHTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
June 21, 2011 Opinion or Order Filing 1842 SETTLEMENT CONFERENCE ORDER SCHEDULING SETTLEMENT CONFERENCE BEFORE JUDGE DEAN D. PREGERSON by Judge Dean D. Pregerson: Settlement Conference set for 8/11/2011 09:00 AM before Judge Dean D. Pregerson; A party may, at its option, submit a confidential settlement letter no later than the day before the settlement conference. The letter should not be filed, but should be submitted directly to Chambers of Judge Dean D. Pregerson. (lc)
June 15, 2011 Opinion or Order Filing 1828 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT AND/OR SPECIFICATION OF MATERIAL FACTS NOT GENUINELY IN DISPUTE OF DEFENDANTS CALIFORNIA TITLE COMPANY AND WILLIAM THOMAS (FILED UNDER SEAL ON 05-27-11 / DOCKET NUMBER 1774) is hereby continued to August 22, 2011 at 10:00 a.m. (lc)
June 15, 2011 Opinion or Order Filing 1827 ORDER by Magistrate Judge Marc L. Goldman: granting #1744 Motion to Take Deposition. It is Ordered 1. RBC is authorized to take the deposition of inmate Mark Abrams, including videotape as permitted; and, 2. RBC may depose Abrams for seven hours and the defendants may depose Abrams for seven hours. (ts)
June 10, 2011 Opinion or Order Filing 1853 ORDER by Judge Dean D. Pregerson: granting #1805 Application to Appear Pro Hac Vice by Attorney Scott L. Schmookler on behalf of RBC Mortgage Company of California and RBC USA Holdco Corp., designating Ernest E. Price as local counsel. (lt)
June 8, 2011 Filing 1805 APPLICATION for attorney Scott L. Schmookler to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Price, Ernest)
June 7, 2011 Filing 1829 MINUTES OF Motion Hearing held before Magistrate Judge Marc L. Goldman: granting in part and denying in part #1729 Motion to Compel Answers to Interrogatories; Plaintiff shall provide Defendants California Title andPrudential with a breakdown of damages claimed for each property at issue with a good faith estimate of all setoffs and recoveries. This breakdown of damages shall be subject to revision. Plaintiff shall attempt to have the statement of damages submitted under oath. The damage statements shall be submitted no laterthan June 27, 2011.Court Recorder: CS 6/7/11. (twdb)
June 7, 2011 Opinion or Order Filing 1797 ORDER by Judge Dean D. Pregerson Granting stipulation to substitute defendant Virginia Grindley in pro se in place and stead of David W Wiecher (lc)
June 7, 2011 Filing 1792 NINETY-SEVENTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
June 6, 2011 Filing 1782 STIPULATION to Substitute attorney Virginia Grindley in place of attorney David W. Wiechert filed by defendant Virginia Grindley. (Attachments: #1 Proposed Order)(Wiechert, David)
June 6, 2011 Filing 1781 DISCLOSURE of Rule 26(a) SUPPLEMENTAL filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation (Price, Ernest)
June 6, 2011 Filing 1780 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #1778 . The following error(s) was found: Incorrect event selected. Correct event: Disclosure.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. (lc)
June 3, 2011 Filing 1778 Rule 26(a) Supplemental Disclosure filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation (Price, Ernest)
May 31, 2011 Filing 1773 NOTICE of Change of Attorney Information for attorney David S Reidy counsel for Receiver David J Pasternak. David S. Reidy will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Receiver David J. Pasternak (Reidy, David)
May 27, 2011 Filing 1779 SEALED DOCUMENT- Declaration of Sharon Bewley in Support of Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment and/or Specification of Material Facts not Genuinely in Dispute of Defendants California Title Company and William Thomas; Memorandum o f Points and Authorities in Support Thereof.(mat)
May 27, 2011 Filing 1777 SEALED DOCUMENT- Declaration of William Thomas in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment and/or Specification of Facts not Genuinely in Dispute of Defendants California Title Company and William Thomas.(mat)
May 27, 2011 Filing 1776 SEALED DOCUMENT- Declaration of Lawrence D. Lewis in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment and/or Specification of Facts not Genuinely in Dispute of Defendants California Title Company and William Thomas. (Attachments: Part 2, Part 3, Part 4)(mat)
May 27, 2011 Filing 1775 SEALED DOCUMENT- Request for Judicial Notice in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment and/or Specification of Facts not Genuinely in Dispute of Defendants California Title Company and William Thomas. (Attachments: Part 2, Part 3, Part 4)(mat)
May 27, 2011 Filing 1774 SEALED DOCUMENT- Notice of Motion and Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment and/or Specification of Material Facts not Genuinely in Dispute of Defendants California Title Company and William Thomas; Memorandum of Points and Authorities in Support Thereof. (mat)
May 27, 2011 Opinion or Order Filing 1772 ORDER GRANTING #1745 Application of Defendants California Title Company and William Thomas to File Their Motion for Summary Judgment and Related Documents Under Seal by Judge Dean D. Pregerson. (sch)
May 25, 2011 Filing 1771 REPLY in support of EX PARTE APPLICATION to Continue Hearing for Summary Judgment from June 20, 2011 to To Be Determined #1764 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Price, Ernest)
May 25, 2011 Filing 1770 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Hearing for Summary Judgment from June 20, 2011 to To Be Determined #1764 filed by Defendants California Title Company, William Bill Thomas. (Attachments: #1 Declaration)(Lewis, Lawrence)
May 24, 2011 Filing 1769 SEALED DOCUMENT - PROOF OF SERVICE (rla)
May 24, 2011 Filing 1768 SEALED DOCUMENT - SUPPLEMENTAL DECLARATION OF LAWRENCE D. LEWIS IN SUPPORT OF DEFENDANT CALIFORNIA TITLE COMPANY'S MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND ISSUANCE OF MONETARY SANCTIONS (rla)
May 24, 2011 Filing 1767 SEALED DOCUMENT - SUPPLEMENTAL MEMORANDUM OF DEFENDANT CALIFORNIA TITLE COMPANY IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND ISSUANCE OF MONETARY SANCTIONS #1729 (rla)
May 24, 2011 Opinion or Order Filing 1766 ORDER by Magistrate Judge Marc L. Goldman: granting #1765 Application to file under Seal re: MOTION to Compel Answers to Interrogatories of RBC Mortgage COmpany #1765 . (twdb)
May 24, 2011 Filing 1765 APPLICATION to file supplemental memorandum in support of MOTION to Compel further responses to Interrogatories and issuance of monetary sanctions under seal of RBC Mortgage COmpany #1729 filed by defendants California Title Company, William Bill Thomas. (twdb)
May 24, 2011 Filing 1764 EX PARTE APPLICATION to Continue Hearing for Summary Judgment from June 20, 2011 to To Be Determined filed by Plaintiff/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Declaration of Ernest Price, #2 Proposed Order)(Price, Ernest)
May 24, 2011 Filing 1762 NINETY-SIXTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
May 24, 2011 Filing 1755 NOTICE of Manual Filing filed by Defendant California Title Company of Supplemental Memorandum in Support of CalTitle's Motion to Compel; Supplemental Declaration of Lawrence Lewis in Support of CalTitle's Motion to Compel. (Lewis, Lawrence)
May 24, 2011 Filing 1744 NOTICE OF MOTION AND MOTION to Take Deposition of Mark Abrams. filed by plaintiff's/intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 6/21/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Attachments: #1 Declaration of Arnold E. Sklar, #2 Proposed Order)(Price, Ernest)
May 24, 2011 Filing 1743 SUPPLEMENTAL OPPOSITION in opposition re: MOTION to Compel Answers to Interrogatories of RBC Mortgage COmpany #1729 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Second Declaration of Arnold E. Sklar)(Price, Ernest)
May 23, 2011 Filing 1763 SEALED DOCUMENT- PROOF SERVICE (mat)
May 23, 2011 Filing 1745 APPLICATION to file motion for summary judgment and related documents under seal filed by defendants California Title Company, William Bill Thomas. Lodged order. (lc)
May 23, 2011 Filing 1742 SUPPLEMENT TO REPORT of RBC'S REPORT RE SETTLEMENT PROCESS filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Price, Ernest)
May 23, 2011 Filing 1741 NOTICE of Manual Filing filed by Defendants California Title Company, William Bill Thomas of Motion for Summary Judgment and Related Documents. (Lewis, Lawrence)
May 20, 2011 Filing 1740 REPORT of RBC RE SETTLEMENT PROCESS AND APPLICATION FOR ORDER THAT THE PARTIES SHALL PARTICIPATE IN SETTLEMENT PROCEDURE NO. 1 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Price, Ernest)
May 19, 2011 Opinion or Order Filing 1739 ORDER by Judge Dean D. Pregerson: granting #1714 Ex Parte Application to modify scheduling order to provide; LOCAL RULE 16-14.4. SETTLEMENT CONFERENCE HELD BY 06/17/11. (lc)
May 16, 2011 Opinion or Order Filing 1738 MINUTE ORDER IN CHAMBERS by Magistrate Judge Marc L. Goldman: Order directing service of deposition subpoena by United States Marshal. (twdb)
May 13, 2011 Filing 1729 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of RBC Mortgage COmpany filed by Defendant California Title Company. Motion set for hearing on 6/7/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Attachments: #1 Memorandum Joint Stipulation, #2 Declaration Declaration of Lawrence D. Lewis, #3 Declaration Declaration of Arnie Sklar)(Lewis, Lawrence)
May 12, 2011 Filing 1730 MINUTES OF In Court Telephonic Status Conference held before Magistrate Judge Marc L. Goldman: re Deposition of Charles Elliott Fitzgerald. The deposition was canceled. It was further agreed that no party may, as part of any dispute in this case, argue for their own benefit that any other party refused to travel to Louisiana to take Fitzgerald's deposition. Court Recorder: CS 5/12/11. (rla)
May 12, 2011 Filing 1728 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #1726 . The following error(s) was found: Incorrect event selected. The correct event is: Notice: Change of Lead Counsel. 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. (lc)
May 12, 2011 Filing 1727 Renewed APPLICATION for Order for Directing U.S. Marshal's Office to Serve Deposition Subpoena on Lester Scott Robinson and Declaration of Eugene S. Suh filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Declaration of Manuel Palacio, #2 Proposed Order)(Price, Ernest)
May 11, 2011 Filing 1726 NOTICE filed by Defendants California Title Company, William Bill Thomas. Notice of Designation (Lewis, Lawrence)
May 10, 2011 Filing 1725 NOTICE of Change of Attorney Information for attorney A Kristine Floyd counsel for Defendants California Title Company, William Bill Thomas. A. Kristine Floyd will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.A. Kristine Floyd 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 California Title Company and William Thomas (Floyd, A)
April 28, 2011 Filing 1714 EX PARTE APPLICATION for Order for To Modify Scheduling Order filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Proposed Order)(Price, Ernest)
April 26, 2011 Opinion or Order Filing 1710 ORDER authorizing deposition of inmate Lila Rizk by Magistrate Judge Marc L. Goldman. (twdb)
April 26, 2011 Filing 1709 MINUTES OF Hearing on Plaintiff/Intervenors Motion Case called. Appearances made. Discussion held. Plaintiff/Intervenors Motion for Authorization to Take Deposition of Inmate Lila Rizk is Granted. Refer to separate Order. Held before Magistrate Judge Marc L. Goldman: Court Recorder: CS 4/26/11. (ade)
April 21, 2011 Opinion or Order Filing 1706 ORDER DENYING Motion to Certify Order #1648 by Judge Dean D. Pregerson. For the reasons stated above, the court DENIES Plaintiffs Motion for Certification Pursuant to 28 U.S.C. 1292(b). (See Order for Details). (sch)
April 18, 2011 Opinion or Order Filing 1705 In Chambers: Order by Magistrate Judge Marc L. Goldman: Advancing Hearing Date Due to the Court's unavailability, the hearing scheduled on May 9, 2011, on Plaintiff/Intervenor's Motion for Authorization to Take Deposition of Inmate Lila Rizk. [Doc #1693] filed April 8, 2011, is ordered advanced to April 26, 2011, at 10:00 a.m. before Magistrate Judge Goldman in Courtroom 6A. (rla)
April 18, 2011 Filing 1700 NOTICE OF SERVICE filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation, re MOTION to Take Deposition of INMATE LILA RIZK. AND DECLARATION OF ARNOLD E. SKLAR IN SUPPORT THEREOF #1693 Upon Lila Rizk served on April 11, 2011. (Price, Ernest)
April 13, 2011 Filing 1697 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR CERTIFICATION #1648 set for April 18,2011 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (lc)
April 12, 2011 Filing 1696 NOTICE of Change of Attorney Information for attorney Michael Scott Robinson counsel for Movants Steve Y Kim, Barbara Markman, Melvin Markman.Michael Scott Robinson is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Formerly Interested Parties Steve Y. Kim, Trustee; Melvin Markman and Barbara Markman (Robinson, Michael)
April 12, 2011 Filing 1695 NOTICE of Change of Attorney Information for attorney Michael Scott Robinson counsel for Movant Steve Y Kim. Nancy E. Encarnacion will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Nancy E. Encarnacion is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Formerly Interested Party Steve Y. Kim (Robinson, Michael)
April 12, 2011 Filing 1694 NOTICE OF CLERICAL ERROR: Due to clerical error Notice of electronic mailing failed. Re: Order 1692 (Attachments: #1 order) (twdb)
April 8, 2011 Filing 1693 NOTICE OF MOTION AND MOTION to Take Deposition of INMATE LILA RIZK. AND DECLARATION OF ARNOLD E. SKLAR IN SUPPORT THEREOF filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 5/9/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Attachments: #1 Proposed Order)(Sklar, Arnold)
April 4, 2011 Opinion or Order Filing 1692 ORDER to U.S. Attorney's Office to Provide Documents by Magistrate Judge Marc L. Goldman, re Notice of Lodging #1685 . See order for more information. (twdb)
April 1, 2011 Filing 1685 NOTICE OF LODGING filed [Proposed] Order to U.S. Attorney's Office to Provide Documents re Status Conference, Terminate Hearings #1665 (Attachments: #1 Proposed Order)(Sklar, Arnold)
April 1, 2011 Filing 1684 REPLY in Support of MOTION to Certify Order of March 3, 2011 granting Cal. Title's motion to dismiss RBC's Fourth Claim for Relief #1648 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Sklar, Arnold)
March 31, 2011 Opinion or Order Filing 1683 ORDER by Magistrate Judge Marc L. Goldman: denying #1681 Motion for Service by United States Marshal and Order Requiring United States Bureau of Prisons to Facilitate and Permit Service of a Deposition Subpoena on Lester Scott Robinson. (See document for details.) (rla)
March 30, 2011 Filing 1681 APPLICATION for Order for Directing U.S. Marshals Office to Serve a Deposition Subpoena on Lester Scott Robinson and Declaration of Eugene S. Suh filed by Plaintiff/Intervenor RBC Mortgage Company of California. (Attachments: #1 Proposed Order)(Price, Ernest)
March 28, 2011 Filing 1680 OPPOSITION to MOTION to Certify Order of March 3, 2011 granting Cal. Title's motion to dismiss RBC's Fourth Claim for Relief #1648 filed by Defendant California Title Company. (Lewis, Lawrence)
March 22, 2011 Filing 1666 NINETY-FIFTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
March 18, 2011 Filing 1665 MINUTES OF In Court: Order re Status Conference held before Magistrate Judge Marc L. Goldman: (See attached for details) Court Recorder: CS 3/18/11. (mt)
March 17, 2011 Filing 1664 RESPONSE filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporationto Response (non-motion), Response (non-motion) #1663 to Babajian's Criticism of Price Declaration re February 1, 2011 Order (Attachments: #1 Declaration of Arnold E. Sklar)(Sklar, Arnold)
March 15, 2011 Filing 1663 RESPONSE filed by Defendant Joseph Babajianto Declaration (non-motion) #1637 of Ernest Price re February 1, 2011 Order Granting Defendant Joseph Babajian's Motion to Compel Production of Documents by Plaintiff RBC Mortgage Company of California (Nowicki, Kevin)
March 15, 2011 Filing 1653 NINETY-FOURTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
March 14, 2011 Filing 1648 NOTICE OF MOTION AND MOTION to Certify Order of March 3, 2011 granting Cal. Title's motion to dismiss RBC's Fourth Claim for Relief filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 4/18/2011 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Price, Ernest)
March 3, 2011 Opinion or Order Filing 1644 ORDER GRANTING THE MOTION TO DISMISS INTERVENORS FOURTH CLAIM FOR RELIEF IN THIRD AMENDED COMPLAINT #1581 by Judge Dean D. Pregerson. (lc)
March 2, 2011 Opinion or Order Filing 1643 PROTECTIVE ORDER RE Materials Contained on Hard Drive Produced By Witness Richard A. Maize by Magistrate Judge Marc L. Goldman. (lwag)
March 2, 2011 Filing 1642 STIPULATION of Parties and Witness Richard A. Maize Re Production of the Contents of a Hard Drive and Exhibit Thereto filed by Witness Richard A. Maize. Lodged Order. (lwag)
February 28, 2011 Filing 1640 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson:MOTION TO DISMISS PLAINTIFFS/INTERVENORS' FOURTH CLAIM FOR RELIEF IN THIRD AMENDED COMPLAINT FILED BY DEFENDANTS CALIFORNIA TITLE COMPANY, WILLIAM BILLTHOMAS #1581 .Court hears oral argument and takes the matter under submission.The Court grants counsels oral request to file a Summary JudgementMotion with an expanded page limit not to exceed thirty-five (35) pages.Court Reporter: Maria Bustillos. (lc)
February 16, 2011 Filing 1641 SEALED DOCUMENT RE: DECLARATION of Ernest E. Price. (wr)
February 16, 2011 Opinion or Order Filing 1638 ORDER by Magistrate Judge Marc L. Goldman: granting #1631 Application to file under seal the Declaration of Ernest E. Price. (rla)
February 11, 2011 Filing 1637 DECLARATION of ERNEST E. PRICE; filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (rla)
February 11, 2011 Filing 1633 RESPONSE IN SUPPORT of APPLICATION for Order for to file under seal Declaration of Ernest E. Price #1631 filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Sklar, Arnold)
February 11, 2011 Filing 1632 OBJECTIONS to APPLICATION for Order for to file under seal Declaration of Ernest E. Price #1631 (Defendants' Joint Objections) filed by Defendant Joseph Babajian. (Nowicki, Kevin)
February 11, 2011 Filing 1631 APPLICATION for Order for to file under seal Declaration of Ernest E. Price filed by plaintiffs/intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Notice of Manual Filing, #2 Proposed Order)(Sklar, Arnold)
February 2, 2011 Filing 1611 Ninety-Third REPORT filed by Receiver David J Pasternak. (Pasternak, David)
February 1, 2011 Filing 1610 MINUTES OF Motion to Compel; Motion Hearing held before Magistrate Judge Marc L. Goldman Granting In Part Defendant Joseph Babajian's Motion to Compel Production of Documents #1569 . On December 23, 2010, Defendant Babajian filed a motion to compel production of documents and for an award of monetary sanctions. A hearing was held on this motion on February 1, 2011. For the reasons stated on the record at the hearing, Defendants motion to compel further document production is GRANTED in part and the request for sanctions is DENIED. A telephonic status conference shall be held on 03/18/2011 at 10:00 a.m.Court Reporter: CourtSmart 02/01/2011. (db)
January 27, 2011 Opinion or Order Filing 1606 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO DISMISS PLAINTIFFS/INTERVENORS' FOURTH CLAIM FOR RELIEF IN THIRD AMENDED COMPLAINT FILED BY DEFENDANTS CALIFORNIA TITLECOMPANY, WILLIAM BILL THOMAS #1581 is hereby continued from January 31, 2011 to February 28, 2011 at 10:00 a.m. (lc)
January 24, 2011 Filing 1609 SEALED DOCUMENT RE: SUPPLEMENTAL DECLARATION IN SUPPORT OF MOTION (Attachments: #1 Part 2, #2 Part 3)(wr)
January 24, 2011 Opinion or Order Filing 1608 ORDER by Magistrate Judge Marc L. Goldman: granting #1607 Application to file documents under Seal (twdb)
January 24, 2011 Filing 1607 APPLICATION to file documents under Seal filed by defendant Joseph Babajian. (twdb)
January 19, 2011 Filing 1595 NOTICE of Manual Filing filed by Defendant Joseph Babajian of Application to File under Seal & [Proposed] Order. (Augustini, Jeff)
January 18, 2011 Filing 1594 NOTICE of Manual Filing filed by Defendant Joseph Babajian of Supplemental Declaration of Jeff Augustini in Support of Defendant Joseph Babajian's Motion to Compel Production of Documents and for Monetary Sanctions. (Augustini, Jeff)
January 18, 2011 Filing 1593 MEMORANDUM in Support of MOTION to Compel Production of Documents #1569 (Supplemental Memorandum) filed by Defendant Joseph Babajian. (Attachments: #1 Declaration of Jeff Augustini in Support of Defendant Joseph Babajian's Motion to Compel Production of Documents (Supplemental)(Redacted Version), #2 Declaration of Lawrence D. Lewis in Support of Defendant Joseph Babajian's Motion to Compel Production of Documents and for Monetary Sanctions)(Augustini, Jeff)
January 18, 2011 Opinion or Order Filing 1592 MINUTES IN CHAMBERS ORDER by Magistrate Judge Marc L. Goldman Granting Motion to Take Deposition of Prisoner Charles Elliott Fitzgerald #1584 . Fitzgerald, who is currently a federal prisoner. The Court finds the matter appropriate for decision without oral argument and the hearing set for February 1, 2011, is taken off calendar. Fed.R.Civ.P. 78; C.D. Cal. R. 7-15. It appearing that there is no opposition to the motion, the motion is GRANTED. Plaintiff may take the deposition of Fitzgerald in accordance with all applicable Bureau of Prisons regulations. (db)
January 18, 2011 Filing 1591 REPLY Support MOTION to Dismiss Plaintiffs/Intervenors' Fourth Claim for Relief in Third Amended Complaint #1581 filed by Defendant California Title Company. (Lewis, Lawrence)
January 14, 2011 Filing 1590 NOTICE OF MOTION AND MOTION to Supplement to RBC's Position re Discovery re Joint Stipulation re Discovery Motion #1570 filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 2/1/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Price, Ernest)
January 12, 2011 Filing 1589 NOTICE of Errata to Declaration of Jeff Augustini in Support of Defendant Joseph Babajians Motion to Compel Production of Documents and for Monetary Sanctions filed by Defendant Joseph Babajian. (Exhibit H) (Augustini, Jeff)
January 7, 2011 Filing 1588 MEMORANDUM in Opposition to MOTION to Dismiss Plaintiffs/Intervenors' Fourth Claim for Relief in Third Amended Complaint #1581 and Exhibits filed by Intervenor Plaintiffs RBC Mortgage Company of California, RBC USA Holdco Corporation. (Attachments: #1 Exhibit A - C)(Sklar, Arnold)
January 6, 2011 Filing 1587 Ninety-Second REPORT filed by Receiver David J Pasternak. (Pasternak, David)
January 3, 2011 Filing 1586 ANSWER to Amended Complaint, #1563 filed by Defendants California Title Company, William Bill Thomas.(Lewis, Lawrence)
January 3, 2011 Filing 1585 ANSWER to Amended Complaint, #1563 and Demand for Jury Trial filed by Defendant Prudential California Realty.(O'Brien, Kenneth)
January 3, 2011 Filing 1584 NOTICE OF MOTION AND MOTION for Order for Authorizing Deposition of Prisoner filed by Plaintiffs/Intervenors RBC Mortgage Company of California, RBC USA Holdco Corporation. Motion set for hearing on 2/1/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Attachments: #1 Declaration of Arnold Sklar, #2 Exhibit A to Declaration of AES, #3 Exhibit B to Declaration of AES, #4 Proposed Order)(Price, Ernest)
January 3, 2011 Filing 1583 Amendment to MOTION to Dismiss Plaintiffs/Intervenors' Fourth Claim for Relief in Third Amended Complaint #1581 filed by Defendant California Title Company. (Lewis, Lawrence)
January 3, 2011 Filing 1582 ANSWER to Amended Complaint, #1563 (Third Amended Complaint) filed by Defendant Joseph Babajian.(Augustini, Jeff)
January 3, 2011 Filing 1581 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs/Intervenors' Fourth Claim for Relief in Third Amended Complaint filed by Defendants California Title Company, William Bill Thomas. Motion set for hearing on 1/31/2011 at 10:00 AM before Judge Dean D. Pregerson. (Lewis, Lawrence)
December 28, 2010 Opinion or Order Filing 1573 MINUTE ORDER IN CHAMBERS by Magistrate Judge Marc L. Goldman re: Order Rescheduling Hearing Date. On the Court's own motion, the hearing on Defendant Joseph Babajian's Motion to Compel Production of Documents and for Monetary Sanctions #1569 filed December 23, 2010, and set for hearing on January 18, 2011, is rescheduled to February 1, 2011, at 10:00 a.m. in Courtroom 6A before Magistrate Judge Goldman. (jba)
December 23, 2010 Filing 1572 CERTIFICATE OF SERVICE filed by Defendant Joseph Babajian, re: Declarations of Ernest Price, Arnold E. Sklar, Richard Burchill and Bradley Simon in Support of RBC's Opposition to Compel Documents and Monetary Sanctions served on December 23, 2010. (Augustini, Jeff)
December 23, 2010 Filing 1571 CERTIFICATE OF SERVICE filed by Defendant Joseph Babajian, re: Declaration of Jeff Augustini in Support of Defendant Joseph Babajian's Motion to Compel Production of Documents and for Monetary Sanctions served on December 23, 2010. (Augustini, Jeff)
December 23, 2010 Filing 1570 JOINT STIPULATION to MOTION to Compel Production of Documents #1569 filed by Defendant Joseph Babajian. (Augustini, Jeff)
December 23, 2010 Filing 1569 NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by Defendant Joseph Babajian. Motion set for hearing on 1/18/2011 at 10:00 AM before Magistrate Judge Marc L. Goldman. (Attachments: #1 Declaration of Jeff Augustini in Support of, #2 Exhibit A to Declaration of Jeff Augustini in Support of, #3 Exhibit B to Declaration of Jeff Augustini in Support of, #4 Exhibit C to Declaration of Jeff Augustini in Support of, #5 Exhibit D to Declaration of Jeff Augustini in Support of, #6 Exhibit E to Declaration of Jeff Augustini in Support of, #7 Exhibit F to Declaration of Jeff Augustini in Support of, #8 Exhibit G to Declaration of Jeff Augustini in Support of, #9 Exhibit H to Declaration of Jeff Augustini in Support of, #10 Exhibit I to Declaration of Jeff Augustini in Support of, #11 Exhibit J to Declaration of Jeff Augustini in Support of, #12 Exhibit K to Declaration of Jeff Augustini in Support of, #13 Exhibit L to Declaration of Jeff Augustini in Support of, #14 Exhibit M to Declaration of Jeff Augustini in Support of, #15 Exhibit N to Declaration of Jeff Augustini in Support of, #16 Exhibit O to Declaration of Jeff Augustini in Support of, #17 Exhibit P to Declaration of Jeff Augustini in Support of, #18 Exhibit Q to Declaration of Jeff Augustini in Support of, #19 Declaration of Richard Burchill in Opposition to, #20 Declaration of Ernest Price in Opposition to, #21 Declaration of Bradley Simon in Opposition to, #22 Declaration of Arnold E. Sklar in Opposition to, #23 Proposed Order)(Augustini, Jeff)
December 17, 2010 Filing 1565 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #1564 . The following error(s) was found: Incorrect event selected. The correct event is: service of Summons and Complaint returned executed 21 days. 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. (lc)
December 16, 2010 Filing 1564 CERTIFICATE OF SERVICE filed by Intervenor/Plaintiff RBC Mortgage Company of California, re Amended Complaint, #1563 served on 12/15/2010. (Price, Ernest)
December 15, 2010 Filing 1563 THIRD AMENDED COMPLAINT against defendants Joseph Babajian, California Title Company, Kyle Grasso, Prudential California Realty, Prudential California Realty-John Aaroe Division, William Bill Thomas amending Second Amended Complaint,, 211 ,filed by plaintiffs Lehman Brothers Bank FSB, RBC Mortgage Company of California, RBC USA Holdco Corporation (Attachments: #1 exhibit A, #2 exhibit B, #3 exhbit C, #4 exhibit D, #5 exhibit E, #6 exhibit F, #7 exhibit G)(lc)
December 14, 2010 Opinion or Order Filing 1551 ORDER by Judge Dean D. Pregerson: granting #1527 Plaintiff-in-intervention RBCMortgage Company of California Motion for Leave to File Third Amended Complaint and Join Parties as Plaintiffs. (lc)
December 8, 2010 Filing 1548 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT FILED BY PLAINTIFF, INTERVENOR RBC MORTGAGE COMPANY OF CALIFORNIA #1527 set for December 13, 2010 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (lc)
November 29, 2010 Filing 1539 REPLY in support of MOTION for Leave to file Third Amended Complaint #1527 filed by Intervenor RBC Mortgage Company of California. (Attachments: #1 Declaration of Ernest E. Price, #2 Declaration of Arnold E. Sklar, #3 Exhibit 1 to Decl. of AES, #4 Exhibit A to Exhibit 1-Decl. of AES, #5 Exhibit B to Exhibit 1-Decl. of AES, #6 Exhibit C to Exhibit 1-Decl. of AES, #7 Exhibit D to Exhibit 1-Decl. of AES, #8 Exhibit E to Exhibit 1-Decl. of AES, #9 Exhibit F to Exhibit 1-Decl. of AES, #10 Exhibit G to Exhibit 1-Decl. of AES)(Price, Ernest)
November 22, 2010 Filing 1538 JOINDER filed by Defendant Joseph Babajian joining in MEMORANDUM in Opposition to Motion #1536 . (Attachments: #1 Declaration in Support of)(Nowicki, Kevin)
November 22, 2010 Filing 1537 JOINDER filed by Defendant Prudential California Realty joining in MEMORANDUM in Opposition to Motion #1536 . (Attachments: #1 Proof of Service by Mail)(O'Brien, Kenneth)
November 22, 2010 Filing 1536 MEMORANDUM in Opposition to MOTION for Leave to file Third Amended Complaint #1527 filed by Defendants California Title Company, William Bill Thomas. (Attachments: #1 Declaration)(Lewis, Lawrence)
November 22, 2010 Filing 1535 NINETY-FIRST REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 22, 2010 Filing 1534 NINETIETH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 16, 2010 Filing 1533 SEALED DOCUMENT- Declaration of Arnold Sklar in Support of Motion to Amend Complaint and Join Plaintiff. (mat)
November 16, 2010 Opinion or Order Filing 1532 ORDER Re Application to File Under Seal by Judge Dean D. Pregerson: Granting #1529 Application To File Under Seal. (sch) (Main Document 1532 replaced on 9/5/2013) (shb).
November 16, 2010 Opinion or Order Filing 1531 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that the document entitled AMENDED DOCUMENT FILED BY INTERVENOR RBC MORTGAGE COMPANY OFCALIFORNIA, THIRD AMENDED COMPLAINT, filed on November 15, 2010, docket number #1528 was filed incorrectly and therefore ordered STRICKEN from the docket. (lc)
November 16, 2010 Filing 1530 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion), #1528 . The following error(s) was found: Incorrect event and incorrect procedure selected. PDF is the proposed third amended complaint, which should have been 1) submitted as a separate attachment to the motion seeking its filing; or 2) if after Ruling on the Motion grants its filing, it is to be manually filed with civil intake. 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. (lc)
November 15, 2010 Filing 1529 APPLICATION to file declaration of Arnold Sklar and exhibit A, B, C under seal filed by intervenor RBC Mortgage Company of California. Lodged order. (lc)
November 15, 2010 Filing 1528 AMENDED DOCUMENT filed by Intervenor RBC Mortgage Company of California. Third Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Affidavit Certificate of Service)(Price, Ernest) Modified on 11/16/2010 (lc). (STRICKEN PER 11/16/10 MINUTES)
November 15, 2010 Filing 1527 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint filed by Plaintiff/Intervenor RBC Mortgage Company of California. Motion set for hearing on 12/13/2010 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Exhibit A, #2 Notice of Manual Filing, #3 Proof of Service, #4 Proposed Order)(Price, Ernest)
October 5, 2010 Filing 1526 Eighty-Ninth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
September 8, 2010 Filing 1525 NOTICE of Change of address by Jeff Augustini attorney for Defendant Joseph Babajian, Intervenor Defendant Joseph Babajian. Changing attorneys address to 8105 Irvine Center Drive, Suite 870, Irvine, California 92618. Filed by Defendant Joseph Babajian, Intervenor Defendant Joseph Babajian. (Augustini, Jeff)
August 24, 2010 Opinion or Order Filing 1524 ORDER by Judge Dean D. Pregerson: granting #1503 Motion FOR ORDER AUTHORIZING RELEASE OF GRAND JURY TRANSCRIPTS AND EXHIBITS TO INTERVENOR (sce)
August 24, 2010 Opinion or Order Filing 1523 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: re: MOTION for Hearing Authorizing Release of Grand Jury Transcripts and Exhibits #1503 , set for September 13, 2010 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (sce)
August 23, 2010 Opinion or Order Filing 1522 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Marc L. Goldman: granting #1489 Leave to Take Deposition of Kyle Grasso. Plaintiff is entitled to take the deposition of Kyle Grasso under the Federal Rules of Civil Procedure. Plaintiff represents that Grasso has consented to the taking of his deposition. No good reason to postpone the deposition has been shown by any other party. Accordingly, the motion is GRANTED. Plaintiff may take the deposition of Grasso in accordance with all applicable Bureau of Prisons regulations. (ts)
August 20, 2010 Filing 1518 NOTICE OF NON-OPPOSITION to MOTION for Hearing Authorizing Release of Grand Jury Transcripts and Exhibits #1503 filed by Defendant Prudential California Realty. (Attachments: #1 Proof of Service)(O'Brien, Kenneth)
August 20, 2010 Filing 1517 DECLARATION of Arnold E.Skar in support of EX PARTE APPLICATION for Leave to for an Order to Take Deposition of Prisoner, Kyle Grasso #1489 filed by Intervenor RBC Mortgage Company of California. (Attachments: #1 Exhibit A-Email)(Price, Ernest)
August 20, 2010 Filing 1516 EIGHTY-EIGHTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
August 18, 2010 Filing 1515 NOTICE of Change of Attorney Information for attorney J Alexandra Rhim counsel for Receiver David J Pasternak. Filed by Counsel for Receiver J. Alexandra Rhim (Rhim, J)
August 18, 2010 Filing 1514 REPLY in opposition to EX PARTE APPLICATION for Leave to for an Order to Take Deposition of Prisoner, Kyle Grasso #1489 filed by Intervenor RBC Mortgage Company of California. (Attachments: #1 Exhibit 1-Email)(Price, Ernest)
August 17, 2010 Filing 1513 OPPOSITION to EX PARTE APPLICATION for Leave to for an Order to Take Deposition of Prisoner, Kyle Grasso #1489 filed by Defendant Prudential California Realty. (Attachments: #1 Exhibit, #2 Proof of Service)(O'Brien, Kenneth)
August 17, 2010 Filing 1512 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #1509 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): When a discovery request or response is required for use in a proceeding, only that part of the document which is in issue shall be filed. All such discovery documents shall be held by the attorney pending use for the period specified in L.R. 79-3 for the retention of exhibits, unless otherwise ordered by the Court. Discovery documents lodged with the Court for a motion or a trial which are not used in said motion or trial shall be returned by the clerk to the party lodging the document at the conclusion of the motion or trial. 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. (wr)
August 17, 2010 Filing 1511 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #1508 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): When a discovery request or response is required for use in a proceeding, only that part of the document which is in issue shall be filed. All such discovery documents shall be held by the attorney pending use for the period specified in L.R. 79-3 for the retention of exhibits, unless otherwise ordered by the Court. Discovery documents lodged with the Court for a motion or a trial which are not used in said motion or trial shall be returned by the clerk to the party lodging the document at the conclusion of the motion or trial. 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. (wr)
August 17, 2010 Filing 1510 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #1507 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): When a discovery request or response is required for use in a proceeding, only that part of the document which is in issue shall be filed. All such discovery documents shall be held by the attorney pending use for the period specified in L.R. 79-3 for the retention of exhibits, unless otherwise ordered by the Court. Discovery documents lodged with the Court for a motion or a trial which are not used in said motion or trial shall be returned by the clerk to the party lodging the document at the conclusion of the motion or trial. 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. (wr)
August 13, 2010 Filing 1509 REQUEST FOR DOCUMENTS TO JOSEPH BABAJIAN (No. 13-14) (Charnley, Richard)
August 13, 2010 Filing 1508 REQUEST FOR DOCUMENTS TO WILLIAM "BILL" THOMAS (No. 4-5) (Charnley, Richard)
August 13, 2010 Filing 1507 REQUEST FOR DOCUMENTS TO CALIFORNIA TITLE COMPANY (No. 48-49) (Charnley, Richard)
August 12, 2010 Filing 1503 NOTICE OF MOTION AND MOTION for Hearing Authorizing Release of Grand Jury Transcripts and Exhibits filed by intervenor RBC Mortgage Company of California. Motion set for hearing on 9/13/2010 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration Richard P. Ormond, #2 Request Judicial Notice, #3 Exhibit A-Government Request Stay Discovery, #4 Exhibit B-Order Stay Discovery, #5 Exhibit C-Application to Further Stay Discovery, #6 Exhibit D-Order Further Stay Discovery, #7 Exhibit E-Criminal Indictment, #8 Exhibit F-Application to Disclose Transcripts, #9 Exhibit G-Order Allowing Disclosure, #10 Exhibit H-Judgment, #11 Proposed Order Granting Motion For Order Authorizing Release of Grand Jury Transcripts and Exhibits)(Price, Ernest)
August 12, 2010 Filing 1502 NOTICE of Change of Attorney Information for attorney David W Wiechert counsel for Defendant Virginia Grindley. Changing address to 115 Avenida Miramar, San Clemente, CA 92672. Filed by defendant Virginia Grindley (Wiechert, David)
August 10, 2010 Filing 1489 EX PARTE APPLICATION for Leave to for an Order to Take Deposition of Prisoner, Kyle Grasso filed by Plaintiff/Intervenor RBC Mortgage Company of California. (Attachments: #1 Declaration Arnold E. Sklar in Support, #2 Proposed Order)(Price, Ernest)
August 2, 2010 Filing 1473 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Marc L. Goldman for any discovery matters that are or may be referred by the District Judge. Case number will now read CV 03-02702 DDP(MLGx). (rn)
July 29, 2010 Opinion or Order Filing 1472 SCHEDULING ORDER pursuant to FRCP 16(b): Counsel must agree on date for the disclosure of expert witness reports pursuant to FRCP 26(a)2; Last day to join other parties and to amend pleadings: 12/20/10; Settlement conference deadline: 5/16/11; Discovery cut-off : 8/31/11; expert discovery cutoff: 10/31/11; Last day to file Motions: 12/2//11; Final Pretrial Conference: 2/13/12 11:00 PM; Jury Trial: 3/6/12 9:00 AM by Judge Dean D. Pregerson (lc)
July 29, 2010 Opinion or Order Filing 1471 ORDER by Judge Dean D. Pregerson: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. (lc)
July 26, 2010 Filing 1469 EIGHTY-SEVENTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
July 22, 2010 Filing 1470 MINUTES OF Scheduling Conference held before Judge Dean D. Pregerson:Court and counsel confer re case status.Court sets trial dates. (Refer to the SCHEDULING ORDER to be issued hereafter.)Court Reporter: Maria Bustillos. (lc)
July 19, 2010 Opinion or Order Filing 1468 ORDER AUTHORIZING AN EXTENSION OF TIME FOR DEFENDANT KYLE JOHNSON GRASSO TO RESPOND TO THE SECOND AMENDED COMPLAINT OF RBC MORTGAGE COMPANY OF CALIFORNIA #1467 by Judge Dean D. Pregerson, that defendant Kyle Grasso shall have the following extension to file and serve a response to the Second Amended Complaint of RBC Mortgage Company of California in this action: the sooner of (1) 60 days after the written notice of withdrawal of the Stipulation by Plaintiff David J. Pasternak or Grasso or (2) 60 days after Grassos release from incarceration. (jp)
July 15, 2010 Filing 1467 STIPULATION for Extension of Time to File Answer to Second Amended Complaint 60 days after written notice of withdrawal of the Stipulation or 60 days after Grasso's release from incarceration filed by intervenor RBC Mortgage Company of California. (Attachments: #1 Proposed Order)(Sklar, Arnold)
June 23, 2010 Filing 1460 Eighty-Sixth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
June 21, 2010 Filing 1459 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: ( Scheduling Conference re-set to 7/22/2010 11:00 AM before Judge Dean D. Pregerson.) (sce)
June 9, 2010 Filing 1458 EIGHTY-FIFTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
May 7, 2010 Filing 1451 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report #1450 . The following error(s) was found: Incorrect event selected. The correct event is: Pretrial and Trial Documents-Joint Report Rule 26(f) Discovery Plan. 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. (yl)
May 6, 2010 Filing 1450 JOINT RULE 26(f) REPORT filed by Defendant Prudential California Realty. (Attachments: #1 Proof of Service by Mail)(O'Brien, Kenneth)
April 28, 2010 Filing 1449 Eighty-Fourth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
April 20, 2010 Opinion or Order Filing 1448 ORDER by Judge Dean D. Pregerson: granting #1446 Application to Appear Pro Hac Vice by Attorney Kathleen L. Matsoukas on behalf of PICKFORD REALTY, LTD d/b/a PRUDENTIAL CALIFORNIA REALTY, designating Kenneth A. O'Brien, Jr. as local counsel. (lc)
April 19, 2010 Filing 1447 NOTICE of Change of Attorney Information for attorney Kenneth A O'Brien, Jr counsel for Defendant Prudential California Realty. Adding Kathleen L. Matsoukas as attorney as counsel of record for Pickford Realty, Ltd dba Prudential California Realty for the reason indicated in the G-06 Notice. Filed by Defendant Prudential California Realty (Attachments: #1 Proof of Service by Mail)(O'Brien, Kenneth)
April 19, 2010 Filing 1446 APPLICATION for attorney Kathleen L. Matsoukas to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Prudential California Realty. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order, #3 Proof of Service by Mail)(O'Brien, Kenneth)
March 26, 2010 Filing 1445 EIGHTY-THIRD REPORT filed by Receiver David J Pasternak. (Pasternak, David)
March 23, 2010 Opinion or Order Filing 1444 ORDER by Judge Dean D. Pregerson: granting #1443 Request to Substitute Attorney Jeff Augustini in place and instead of Joseph Babajian, in pro per. (lc)
March 16, 2010 Filing 1443 REQUEST to Substitute attorney Jeff Augustini in place of attorney Joseph Babajian (In Pro Per) filed by Defendant Joseph Babajian. Request set for hearing on 3/26/2010 at 08:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order)(Augustini, Jeff)
February 24, 2010 Filing 1442 EIGHTY-SECOND REPORT filed by Receiver David J Pasternak. (Pasternak, David)
February 10, 2010 Opinion or Order Filing 1441 ORDER by Judge Dean D. Pregerson: Granting #1440 Request to Substitute Jamieson Matykowski Pro Se. Attorney Kenneth M Miller terminated (tad) Modified on 2/12/2010 (tad).
February 9, 2010 Filing 1440 REQUEST to Substitute attorney Jamieson Matykowski, in Pro Se in place of attorney Kenneth M. Miller filed by Defendant Jamieson Matykowski. (Attachments: #1 Proposed Order)(Miller, Kenneth)
January 27, 2010 Filing 1439 NOTICE re discovery stay filed by intervenor United States of America. (Matz, Jeremy)
January 26, 2010 Filing 1438 Eighty-First REPORT filed by Receiver David J Pasternak. (Pasternak, David)
December 22, 2009 Filing 1437 Eightieth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 20, 2009 Filing 1435 SEVENTY-NINTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
October 21, 2009 Filing 1434 SEVENTY-EIGHTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
October 6, 2009 Opinion or Order Filing 1433 ORDER by Judge Dean D. Pregerson Granting Substituting attorney Dean A Ziehl of Pachulski Stang Ziehl & Jones LLP for Lehman Brothers Bank FSB in place and stead of Severson & Werson. (lc)
September 28, 2009 Filing 1432 SEVENTY-SEVENTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
September 22, 2009 Filing 1431 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Wrong event: Miscellaneous, 1 PDF of 2 different documents. Correct Specific Event: Request: Substitution of Attorney (G-01), to which the Separate proposed subsitution form, should have been Submitted as a Separate Attachment thereto ( RE: Miscellaneous Document #1430 . 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. (lc) Modified on 9/22/2009 (lc).
September 21, 2009 Filing 1430 Request for Approval of Substitution of Attorney; and Order on Request for Approval of Substitution of Attorney filed by Plaintiff Lehman Brothers Bank FSB (Hankins, Suzanne)
August 17, 2009 Filing 1429 seventy-sixth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
July 21, 2009 Filing 1428 SEVENTY-FIFTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
June 26, 2009 Filing 1427 Seventy-Fourth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
June 10, 2009 Filing 1426 NOTICE OF FILING BANKRUPTCY filed by Receiver David J Pasternak. as to Mark Abrams and Peggy Abrams, Bankruptcy Court case number 2:09-bk-21652-ER. (Attachments: #1 Exhibit A and B)(Ormond, Richard)
May 20, 2009 Filing 1425 SEVENTY-THIRD REPORT filed by Receiver David J Pasternak. (Pasternak, David)
April 21, 2009 Filing 1423 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION FOR RELEASE OF BOND OBLIGATION OR REDUCE THE AMOUNT OF THE BOND FILED BY PLAINTIFF LEHMAN BROTHERS BANK FSB (FILED ON 03-23-09) set for April 27, 2009 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and GRANTED #1420 . Therefore, the bond [from Safeco Insurance Company of America] is hereby ordered eliminated and exonerated (lc)
April 21, 2009 Filing 1422 Seventy-Second REPORT filed by Receiver David J Pasternak. (Pasternak, David)
April 21, 2009 DOCUMENT number: None issued, Minutes (In Chambers) by Judge Dean D. Pregerson: Re Motion FOR RELEASE OF BOND OBLIGATION OR REDUCE THE AMOUNT OF THE BOND FILED BY PLAINTIFF LEHMAN BROTHERS BANK FSB. Deleted for the following reasons: Court only entry and no PDF attachment due to system errors.(nhac)
April 15, 2009 Filing 1421 NOTICE OF NON-OPPOSITION to MOTION for Release of Bond Obligation or Reduce the Amount of the Bond #1420 filed by Plaintiff Lehman Brothers Bank FSB. (Hankins, Suzanne)
March 23, 2009 Filing 1420 NOTICE OF MOTION AND MOTION for Release of Bond Obligation or Reduce the Amount of the Bond filed by Plaintiff Lehman Brothers Bank FSB. Motion set for hearing on 4/27/2009 at 10:00 PM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Suzanne M. Hankins)(Hankins, Suzanne)
March 23, 2009 Filing 1419 Receiver's Seventy-First REPORT filed by Receiver David J Pasternak. (Pasternak, David)
February 23, 2009 Filing 1417 RECEIVER'S SEVENTIETH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
January 21, 2009 Filing 1415 Sixty-Ninth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
January 16, 2009 Opinion or Order Filing 1414 ORDER by Judge Dean D. Pregerson, GRANTING EX PARTE APPLICATION to Stay pending criminal prosecutions #1413 . Discovery is stayed through and including December 31, 2009. (sce)
January 8, 2009 Filing 1413 EX PARTE APPLICATION to Stay pending criminal prosecutions filed by intervenor United States of America. (Attachments: #1 Proposed Order)(Matz, Jeremy)
January 5, 2009 Filing 1412 SIXTY-EIGHTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 19, 2008 Opinion or Order Filing 1409 ORDER DENYING EX PARTE APPLICATION for Order for Granting Receiver's Ex Parte Application for Issuance of Order Authorizing Receiver to Execute Necessary Agreements to Assign Receivership's Interest in Summitridge II, LLC #1407 by Judge Dean D. Pregerson (lc)
November 18, 2008 Filing 1408 Sixty-Seventh REPORT filed by Receiver David J Pasternak. (Pasternak, David)
November 6, 2008 Filing 1407 EX PARTE APPLICATION for Order for Granting Receiver's Ex Parte Application for Issuance of Order Authorizing Receiver to Execute Necessary Agreements to Assign Receivership's Interest in Summitridge II, LLC filed by Court-Appointed Receiver David J Pasternak. (Attachments: #1 Declaration David J. Pasternak, #2 Exhibit A and B to Pasternak Decl., #3 Declaration Richard P. Ormond, #4 Proposed Order)(Ormond, Richard)
October 21, 2008 Filing 1406 SIXTY-SIXTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
September 17, 2008 Filing 1405 Sixty-Fifth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
August 27, 2008 Filing 1404 RECEIVER'S SIXTY-FOURTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
July 30, 2008 Filing 1385 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: wrong event: miscellaneous document; filing parties missing on entry; correct specific event: Notice of change of attorney information (G-06) (form available on court website). RE: Miscellaneous Document #1384 . 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. (lc)
July 30, 2008 Filing 1384 REQUEST FOR REMOVAL OF NANCY E. ENCARNACION FROM COURT'S SERVICE LIST (Robinson, Michael)
July 28, 2008 Opinion or Order Filing 1383 ORDER granting MOTION to Dismiss defendant Ray Tibbitts without prejudice #1376 .Tibbitts and Lehman, each party will bear its own attorneys fees and costs asbetween each other by Judge Dean D. Pregerson (lc)
July 28, 2008 Filing 1382 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the LEHMAN BROTHERS BANK'S MOTION TO DISMISS DEFENDANT RAY TIBBITTS (FILED ON 07-11-08) #1376 set for August4, 2008 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (lc)
July 21, 2008 Filing 1380 Sixty-Third REPORT filed by Receiver David J Pasternak. (Pasternak, David)
July 11, 2008 Filing 1379 PROOF OF SERVICE filed by PLAINTIFF Lehman Brothers Bank FSB, re MOTION to Dismiss defendant Ray Tibbitts #1376 , Memorandum in Support of Motion #1377 , Declaration (Motion related) #1378 served on 07/10/2008. (Hankins, Suzanne)
July 11, 2008 Filing 1378 DECLARATION of SUZANNE M. HANKINS IN SUPPORT OF MOTION to Dismiss defendant Ray Tibbitts #1376 filed by Plaintiff Lehman Brothers Bank FSB. (Hankins, Suzanne)
July 11, 2008 Filing 1377 MEMORANDUM in Support of MOTION to Dismiss defendant Ray Tibbitts #1376 filed by Plaintiff Lehman Brothers Bank FSB. (Hankins, Suzanne)
July 11, 2008 Filing 1376 NOTICE OF MOTION AND MOTION to Dismiss defendant Ray Tibbitts filed by plaintiff Lehman Brothers Bank FSB. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge Dean D. Pregerson. (Hankins, Suzanne)
June 23, 2008 Filing 1372 Sixty-Second REPORT filed by Receiver David J Pasternak. (Pasternak, David)
June 19, 2008 Filing 1371 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information was not updated in the ECF system RE: Notice of Change of Address, #1369 . 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)
June 19, 2008 Filing 1370 PROOF OF SERVICE OF SERVICE filed by Intervenor RBC Mortgage Company of California, re Notice of Change of Address, #1369 served on June 19, 2008. (Carmassi, Jennifer)
June 19, 2008 Filing 1369 NOTICE of Change of Address by Jennifer Anne Carmassi attorney for Intervenor RBC Mortgage Company of California, changing address to 355 South Grand Avenue, Los Angeles, California 90071-1560. Filed by Intervenor RBC Mortgage Company (Carmassi, Jennifer)
May 15, 2008 Filing 1367 Receiver's Sixty-First REPORT filed by Receiver David J Pasternak. (Pasternak, David)
April 23, 2008 Opinion or Order Filing 1363 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Robert N. Block. ORDER case returned to the Clerk for random reassignment discovery pursuant to General Order 05-07 and General Order 07-02. Case randomly reassigned from Judge Robert N. Block to Judge Jeffrey W. Johnson for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 03-2702 DDP (JWJx). (rn)
April 15, 2008 Filing 1361 Receiver's Sixtieth REPORT filed by Receiver David J Pasternak. (Pasternak, David)
March 25, 2008 Opinion or Order Filing 1350 ORDER APPROVING AND REJECTING CALIFORNIA FRANCHISE TAX BOARD CLAIMS upon Receiver's Emergency Ex Parte Application for Issuance of Order Approving And Rejecting California Franchise Tax Board Claims #1344 ;The Receiver is authorized to pay $44,124.66 and any additional accrued interest to the California Franchise Tax Board as detailed in the Receiver's ex parte application, and the California Franchise Tax Board claims submitted to the Receiver for 1777 Summit Ridge, LLC; 655 Sarbonne LLC, A & F Aircraft Leasing,LLC; and Rodeo Financial, LLC are rejected and shall not be paid by the receivership estate by Judge Dean D. Pregerson (lc)
March 25, 2008 Opinion or Order Filing 1349 ORDER APPROVING RECEIVER'S SETTLEMENT WITH THE CALIFORNIA EMPLOYMENT DEVELOPMENTDEPARTMENT AND THE UTAH RECEIVER #1342 .The Receiver's Settlement with the California Employment Development Department and the Utah Receiveris hereby approved, and the Receiver is hereby authorized to pay $28,035.77 to the California Employment Development Department; and by Judge Dean D. Pregerson (lc)
March 25, 2008 Filing 1347 RECEIVER'S FIFTY-NINTH REPORT filed by Receiver David J Pasternak. (Pasternak, David)
March 20, 2008 Filing 1346 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found wrong event: notice (other); correct event: ex parte application; missing proposed order to be submited as a separate attachment to the main document, action was or will be taken by filer as advised in the first Notice of Deficiency in Electronically Filed Documents (G-112), #1343 , Notice (Other) #1344 (lc)
March 19, 2008 Filing 1345 DECLARATION of David J. Pasternak re Notice (Other) #1344 Declaration of David J. Pasternak in Support of Receiver's Emergency Ex Parte Application for Issuance of Order Approving and Rejecting California Franchise Tax Board Claims filed by Receiver David J Pasternak. (Pasternak, David)
March 19, 2008 Filing 1344 NOTICE of Motion and Receiver's Emergency Ex Parte Application for Issuance of Order Approving and Rejecting Various California Franchise Tax Board Claims; Memorandum of Points and Authorities David J Pasternak. (Pasternak, David)
March 18, 2008 Filing 1343 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: wrong event : notce (other); correct event: ex parte application (as to doc. no.1340); wrong event: motion event: correct event: notice of lodging to which proposed order is submitted as a attachment (image was the proposed order, missing formal document: notice of lodging, (as to doc. no 1342), action was or will be taken by filer: RE MOTION for Order for [Proposed] Order approving receiver's settlement with EDD #1342 , Notice (Other) #1340 (lc)
March 17, 2008 Filing 1342 NOTICE OF MOTION AND MOTION for Order for [Proposed] Order approving receiver's settlement with EDD filed by Receiver David J Pasternak. (Pasternak, David)
March 17, 2008 Filing 1341 DECLARATION of David J. Pasternak re Notice (Other) #1340 in support of receiver's emergency ex parte application for issuance of order approving receiver's settlement with EDD filed by Receiver David J Pasternak. (Pasternak, David)
March 17, 2008 Filing 1340 NOTICE of motion and receiver's emergency ex parte application for issuance of an order approving receiver's settlement with EDD filed by receiver David J Pasternak. (Pasternak, David)
February 27, 2008 Filing 1334 Mail Returned addressed to Nicole LaViolette re Notice of Document Discrepancies and Order - Rejecting, #1327 (lc)
February 27, 2008 Filing 1333 Mail Returned addressed to Nicole LaViolette re Status Conference, Motion Hearing,, #1325 (lc)
February 27, 2008 Filing 1332 Mail Returned addressed to J Alexandra Rhim re Notice of Document Discrepancies and Order - Rejecting, #1327 (lc)
February 22, 2008 Opinion or Order Filing 1331 ORDER Granting defendants REQUEST to Substitute Kyle Grasso, In Pro Per in place of attorney Anthony Michael Glassman #1328 by Judge Dean D. Pregerson (lc)
February 20, 2008 Filing 1329 MONTHLY REPORT of Receiver's filed by Receiver David J Pasternak. (Pasternak, David)
February 15, 2008 Filing 1328 REQUEST to Substitute attorney Kyle Grasso, In Pro Per in place of attorney Anthony Michael Glassman filed by defendant Kyle Grasso. (Attachments: #1 Order on Request for Approval of Substitution of Attorney#2 Certificate of Service)(Glassman, Anthony)
February 11, 2008 Filing 1330 Mail Returned addressed to Michael Maher. (sce)
February 5, 2008 Opinion or Order Filing 1327 NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Request for Special Notice submitted by Defendant Jan Van Orman received on 1/28/2008 is not to be filed but instead rejected. Denial based on: Pursuant to G.O. 07-08 Case is Designated for Electronic Filing. (pj)
January 31, 2008 Opinion or Order Filing 1326 ORDER approving Receivers MOTION for Order for Approving Receiver's Settlement With Internal Revenue Service and the Utah Receiver 1315 ; Receivers setlement with IRS and Utah Receiver is approved and Receiver is authorized to pay $263,132.23 to the IRS by Judge Dean D. Pregerson (lc)
January 28, 2008 Filing 1325 MINUTES OF Status Conference held before Judge Dean D. Pregerson: STATUS CONFERENCE RE: STAY (COURT ORDERED 01-22-07) and RECEIVER'S MOTION FOR ISSUANCE OF ORDER APPROVING RECEIVER'S SETTLEMENT WITH INTERNAL REVENUE SERVICEAND THE UTAH RECEIVER 1315 ; Court hears oral argument and takes the matters under submission.Court Reporter: Sandra Becerra. (lc)
January 28, 2008 Filing 1324 MONTHLY REPORT of Receiver's Fifty-Seventh filed by Receiver David J Pasternak. (Pasternak, David)
January 18, 2008 Filing 1323 Mail Returned addressed to Michael K. Maher (sce)
January 18, 2008 Filing 1322 Mail Returned addressed to J. Alexandra Rhim. (sce)
January 16, 2008 Filing 1319 NOTICE of Change of Attorney Information for attorney Gary S Lincenberg counsel for Intervenor Defendant Matthew Todd Compton. Gary S. Lincenberg will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Gary S. Lincenberg 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 Mathew Todd Compton (Lincenberg, Gary)
January 8, 2008 Opinion or Order Filing 1318 ORDER GRANTING by Judge Dean D. Pregerson, MOTION for Order for Approving Receiver's Settlement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints 1308 (tad)
January 7, 2008 Filing 1314 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson :, RE: Receivers MOTION for Order for Approving Receiver's Settlement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints 1308 ; Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (lc)
January 3, 2008 Filing 1321 Mail Returned addressed to J. alexandra Rhim (tad)
January 3, 2008 Filing 1320 Mail Returned addressed to J. Alexdra Rhim (tad)
December 28, 2007 Filing 1317 RECEIVER'S FIFTY-SIXTH (monthly) REPORT filed by Receiver David J Pasternak. (vh)
December 28, 2007 Filing 1316 DECLARATION of David J. Pasternak in Support of Receiver's Motion for Issuance of Order Approving Receiver's Settlement With Internal Revenue Service and the Utah Receiver 1315 filed by Receiver David J Pasternak. (vh)
December 28, 2007 Filing 1315 NOTICE OF MOTION AND RECEIVER'S MOTION for Issuance of Order Approving Receiver's Settlement With Internal Revenue Service and the Utah Receiver; Memorandum of Points and Authorities filed by Receiver David J Pasternak.Motion set for hearing on 1/28/2008 at 10:00 AM before Judge Dean D. Pregerson. Lodged Order. (vh)
December 7, 2007 Filing 1313 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson :COUNSEL ARE NOTIFIED that the document entitled FIFTH AMENDEDCOMPLAINT, 1311 is orderedSTRICKEN from the docket. (filed 12/5/07 and docketed 12/7/07,see clerical error [1312} (lc)
December 7, 2007 Filing 1312 NOTICE OF CLERICAL ERROR: Due to clerical error Re: FIFTH Amended Complaint, 1311 was docketed on this case in error, should have been under SACV05-351DDP(PLAx) Pasternak vs Prudential Califonria Realty; correct made this date. (lc)
December 6, 2007 DOCUMENT number 1310, Order granting leave to file fifth amended complaint deleted for the following reason: NEF did not issue.(rb)
December 5, 2007 Filing 1311 DOCKETED ON THIS CASE IN ERROR; SHOULD HAVE BEEN DOCKETED UNDER SA 05-0351 DDP(PLAx) Pasternak vs Prudential Realty- FIFTH AMENDED COMPLAINT LLC filed by plaintiff David J Pasternak, Receiver (lc) Modified on 12/7/2007 (lc, ). Modified on 12/7/2007 (lc,) Modified on 12/7/2007 (lc, ). (see clerical error)
December 5, 2007 Opinion or Order Filing 1310 ORDER granting receiver's ex parte application to seek leave to file Fifth Amended complaint in SA05-0351 DDP; FSC Ventures, Inc and parties already appearing are not required to answer this Fifth Amended Compalint until 20 days after the stay in this action is lifted by Judge Dean D. Pregerson (lc) Modified on 12/7/2007 (lc, ).
November 27, 2007 Filing 1309 DECLARATION of David J. Pasternak in Support of Receiver's Settlement With Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, re 1308 filed by Receiver David J Pasternak. (vh)
November 27, 2007 Filing 1308 RECEIVER'S MOTION for Issuance of Order Approving Receiver's Settlement With Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints filed by Receiver David J Pasternak.Motion set for hearing on 1/7/2008 at 10:00 AM before Judge Dean D. Pregerson. Lodged Proposed Order. (vh)
November 20, 2007 Filing 1307 FIFTY-FIFTH REPORT REPORT OF RECEIVER filed by Receiver David J Pasternak. (lc)
October 23, 2007 Filing 1306 RECEIVER'S FIFTY-FOURTH REPORT of period from 9/1/07 through 9/30/07 filed by Receiver David J Pasternak. (lc)
September 19, 2007 Filing 1305 NOTICE of Change of Attorney Information: Attorney Loraine P Eber, Laura Greco, Charlene A Busch will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by plaintiff Lehman Brothers Bank FSB (ak)
September 13, 2007 Filing 1304 FIFTY-THIRD REPORT filed by Receiver David J Pasternak. (lc)
September 10, 2007 Opinion or Order Filing 1302 ORDER GRANTING WITHDRAWAL OF APPEARANCE FOR MICHAEL J HULKA on behalf of defendant Pickford Realty, LTd dba Prudential California Realty by Judge Dean D. Pregerson (lc) Modified on 9/11/2007 (lc, ).
August 30, 2007 Filing 1303 REQUEST for Leave to Withdraw Appearance for Michael J Hulka filed by defendant Prudential California Realty. Lodged Order. (ad)
August 30, 2007 FAX number for Attorneys Michael J Hulka, Karoline E Jackson, Robert D MacGill is 317-231-7433. (ad)
August 24, 2007 Opinion or Order Filing 1301 ORDER granting Receiver's EX PARTE APPLICATION for Order for for Issuance of Emergency Confidential Nunc pro tunc order extending time through 10/31/07 for service of receiver's complaint to avoid and recover fraudulent transfer(s), etc on defendants Stanley R Smith, et al: the following pleadings to be filed under seal: EX PARTE APPLICATION for Order for for Issuance of Emergency Confidential Nunc pro tunc order extending time through 10/31/07 for service of receiver's complaint to avoid and recover fraudulent transfer(s), etc on defendants Stanley R Smith, et al; declaration of Daivd J Pasternak in support, and order extending time #1299 by Judge Dean D. Pregerson (lc)
August 24, 2007 Filing 1300 SEALED DOCUMENT-DECLARATION of David J Pasternak in support OF RECEIVER'S CONFIDENTIAL EMERGENCY EX PARTE APPLICATION for Issuance of Emergency Confidential Nunc pro tunc order extending time through 10/31/07 for service of receiver's complaint to avoid and recover fraudulent transfer(s), etc on defendants Stanley R Smith, et al (lc) (kag).
August 24, 2007 Filing 1299 SEALED DOCUMENT-RECEIVER'S CONFIDENTIAL EMERGENCY EX PARTE APPLICATION for Issuance of Emergency Confidential Nunc pro tunc order extending time through 10/31/07 for service of receiver's complaint to avoid and recover fraudulent transfer(s), etc on defendants Stanley R Smith, et al(lc) (kag).
August 20, 2007 Filing 1298 RECEIVER'S FIFTY-SECOND REPORT filed by Receiver David J Pasternak. (tami)
August 6, 2007 Opinion or Order Filing 1296 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dean D. Pregerson ORDERING Defendant submitted by Defendant A-1 Appraisal Service received on 8/1/2007 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc)
August 1, 2007 Filing 1297 PROOF OF CLAIM FOR TAXES filed (yc)
July 13, 2007 Filing 1295 Receiver's Fifty-First Report filed by Receiver David J Pasternak. (csa)
June 11, 2007 Filing 1294 FIFTIETH REPORT filed by Receiver David J Pasternak. (ad)
May 25, 2007 Opinion or Order Filing 1290 ORDER by Judge Dean D. Pregerson, re REQUEST to Substitute attorney William O. Fleischman in place of attorney Kevin B. Homer 1281 is GRANTED. (yc)
May 21, 2007 Filing 1291 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson : Regarding motin for good faith order authorizing receiver to enter into settlement agreement with Mario Stepp and Allen S. Powell, Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos.(yc)
May 21, 2007 Opinion or Order Filing 1289 ORDER by Judge Dean D. Pregerson, re EX PARTE APPLICATION for Order for for issuance of order authorizing receiver to enter into settlement agreement with bighorn golf club 1284 is granted. The REceiver is authorized to enter into the propsed settlement agreement with BIGHORN. The term of the authorized settlement, which are set forth in the document attached as EXHIBIT 2 to the declartin of David J. Pasternak filed in support of the application are summarized as follow. (see document for details)(yc, )
May 21, 2007 Opinion or Order Filing 1288 ORDER by Judge Dean D. Pregerson, confirming settlement agreement terms. IT IS ORDERED, ADJUDGED AND DECREED that: The motion is granted, The proposed settlement agreement attached hereto as Exhibits A is hereby approvewd and the receiver is authorized to enter into that settlement agreement. (see file)(yc, )
May 11, 2007 Filing 1285 Report of forty ninth filed by Receiver David J Pasternak. (yc, )
May 7, 2007 Filing 1286 MINUTES OF Motion before Judge Dean D. Pregerson : court hears oral argument and takes the matter under submission.Court Reporter: Maria Bustillos. (yc, )
May 7, 2007 Opinion or Order Filing 1278 ORDER by Judge Dean D. Pregerson, re MOTION for Issuance of of order authorizing receiver to enter into settlement agreement with Thomas R. Lamons 1273 is granted. (yc, )
May 3, 2007 Filing 1284 EX PARTE APPLICATION for issuance of order authorizing receiver to enter into settlement agreement with Bighorn Golf Club; Declaration of David J. Pasternak; Memorandum of Points and authorities. filed by Receiver David J Pasternak. Lodged PROPOSED ORDER. (yc, )
April 30, 2007 Opinion or Order Filing 1287 NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Proof of claim for taxes submitted by Movant California State Teachers' Retirement System received on 4/26/2007 is not to be filed but instead rejected. Denial based on: Name of claimant does nto appear in caption.(yc, )
April 25, 2007 Filing 1281 REQUEST for approval of substitution of attorney William O. Fleischman in place of attorney Kevin B. Homer filed by defendant Ellen Hutt. (yc, )
April 23, 2007 Filing 1283 DECLARATION of David J. Pasternak re MOTION for Issuance of of a good faith order authorizing reciver to enter into settlement agreeement with Mario Stepp and Allen S. Powell 1282 filed by Court appointed receiver David J Pasternak. (yc, )
April 23, 2007 Filing 1282 NOTICE OF MOTION AND MOTION for Issuance of of a good faith order authorizing reciver to enter into settlement agreeement with Mario Stepp and Allen S. Powell filed by defendant David J Pasternak. Motion set for hearing on 5/21/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged ORDER. (yc, )
April 23, 2007 Filing 1280 REQUEST FOR Approval of substitution of attorney William O. Fleischman in place of attorney Keven B Hormer Lodged PROPOSED ORDER. (yc, )
April 23, 2007 Filing 1279 REQUEST FOR APPROVAL SUBSTITUTION OF attorney William O. Fleischman in place of attorney Kevin B. Homer Lodged PROPOSED ORDER. (yc, )
April 18, 2007 Opinion or Order Filing 1277 ORDER by Judge Dean D. Pregerson, re EX PARTE APPLICATION for Order for for issuance of a good faith order authorizing reciever to enter into settlement agreement with Mario Stepp and Allen S. Powell 1269 is denied.(yc, )
April 17, 2007 PLACED IN FILE - NOT USED re proposed order confirming settlement agreement terms submitted by plaintiff David J Pasternak. (yc, )
April 12, 2007 Filing 1276 FORTY-EIGHTH REPORT filed by Receiver David J Pasternak. (yc, )
April 9, 2007 Filing 1275 REPLY to opposition of Mario Stepp and Allen S. Powell to EX PARTE APPLICATION for issuance of a good faith order authorizing reciever to enter into settlement agreement with Mario Stepp and Allen S. Powell 1269 filed by Court Appointed Receiver David J Pasternak. (yc, )
April 9, 2007 Filing 1274 DECLARATION of David J. Pasternak re MOTION for Issuance of of order authorizing receiver to enter into settlement agreement with Thomas R. Lamons 1273 filed by plaintiff David J Pasternak. (yc, )
April 9, 2007 Filing 1273 NOTICE OF MOTION AND MOTION for Issuance of order authorizing receiver to enter into settlement agreement with Thomas R. Lamons filed by Receiver David J Pasternak. Motion set for hearing on 5/7/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged ORDER. (yc, )
April 6, 2007 Filing 1272 OPPOSITION to EX PARTE APPLICATION for Order for for issuance of a good faith order authorizing reciever to enter into settlement agreement with Mario Stepp and Allen S. Powell 1269 filed by defendants. F.M. Stepp aka Mario Stepp and allen S. Powell PTD Partners LLC(a limited liability company). (yc, )
April 4, 2007 Filing 1271 DECLARATION of Richard P. Ormond re: Local Rule 7-19.1 filed by Receiver David J Pasternak. (yc, )
April 4, 2007 Filing 1270 DECLARATION of David J. Pasternak in support of EX PARTE APPLICATION for Order for for issuance of a good faith order authorizing reciever to enter into settlement agreement with Mario Stepp and Allen S. Powell 1269 filed by Court Appointed Receiver David J Pasternak. (yc, )
April 4, 2007 Filing 1269 EX PARTE APPLICATION for issuance of a good faith order authorizing reciever to enter into settlement agreement with Mario Stepp and Allen S. Powell filed by Court Appointed Receiver David J Pasternak. (yc, )
March 19, 2007 Filing 1268 FORTY-SEVENTH Report filed by Receiver David J Pasternak. (et)
February 23, 2007 Filing 1266 FORTY-SIXTH Report filed by Receiver David J Pasternak. (jp)
February 9, 2007 Filing 1265 Substitution of Attorney of Joseph Babajian filed. in place and stead of attorney Stephen D Miller for defendant Joseph Babajian by Judge Dean D. Pregerson.(yc, )
January 30, 2007 Opinion or Order Filing 1263 ORDER by Judge Dean D. Pregerson,approving and settleing receiver's first report and account ETC. IT IS HEREBY ORDERED That: The receiver's first report and account is approved and settlement as presented. Interim compensation and reimbursement of costs for the time period from the commencement of the receivership through 10/31/20056, all of which has been paid from the receivership estate, is approved and settlement for the following professionals as follows: Receiver David J. Pasternak--$2,155,199.13 Buchalter, Nemer--$2,996,159.54. Julian D, Jensen PC--$28,221.67, Lawrence, Lawrence & Velez, $2,715.90, Holland & Hart $3,153.72; A Lavar Taylor--$35,832.50; Moss, Pike & Duncan and Pite, Duncan & Melment --$37,064.91 Bird, Marella, Boxer & Wolpert--$20, 935.22, Grobstein, Horwath & Company $2, 391,093.31 System Integration counsultants $116,799.68. (see file).(yc, )
January 25, 2007 Filing 1267 WARRANT FOR ARREST Returned as to Charles Elliott Fitzgerald. (jp) (kag).
January 22, 2007 Filing 1262 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson : Reciever's motion for issuance of order authorizing receiver to enter into settlement agreement with Cadlwell Banker Residential Brokerage Company and for determination of good faith settlement. Government's motoin to intervene for limited purpose of staying discovery, and to stay discovery. Hearing of receiver's first report and account and motion for issuance of related orders. Intervenor Coldwell Banker Residential Brokerage Company's joinder in receiver's motion for issuance of order authorizing receiver to enter into settlement agreement with Caldwell Banker Residential Brokerage Company and for determination of good faith settlement. Court hears oral argument and takes matters under submission. Court Reporter: Maria Bustillos. (bp, )
January 22, 2007 PLACED IN FILE - NOT USED re proposed order authorizing receiver to enter into settlement submitted by receiver David J Pasternak. (bp, )
January 22, 2007 Opinion or Order Filing 1261 ORDER by Judge Dean D. Pregerson, re Motion Related Document, 1248 is granted. The court grants the receiver's motion and holds that the settlement between the receiver ad the CB parties was entered into in good faith, and that the settlement bars all present and future claims for equitable indemnity.(yc, )
January 22, 2007 Opinion or Order Filing 1260 ORDER by Judge Dean D. Pregerson, re MOTION to Intervene 1249 The court grants the motin and issues a stay on dicovery. The court noties that the receiver will have the continued authority to conduct dicovery for the limited purposed of identifying third party assets.(yc, )
January 16, 2007 Filing 1259 Report of Forty-Fifth Report filed by Defendant Pacific Realty. (yc, )
January 12, 2007 Filing 1258 REPLY to response to MOTION for Issuance of of order authorizing reciverto enter into settlement agreement wiht coldwell banker residential brokeragecompany and for determination of good faith settlement; 1247 filed by Receiver David J Pasternak. (yc, )
January 12, 2007 Filing 1248 NOTICE OF INTERVENOR, JOINDER AND REPLY AUTHORITIES OF POINTS AND AUTHORITIES IN SUPPORT OF re MOTION for Issuance of of order authorizing receiver to enter into settlement agreement wiht coldwell banker residential brokerage company and for determination of good faith settlement; 1247 filed by intervenor defendant Coldwell Banker Residential Brokerage Company. (yc, )
January 9, 2007 Filing 1257 STATEMENT of non-opposition to goverment re MOTION to Intervene 1249 filed by defendant Joseph Babajian. (yc, )
January 8, 2007 Filing 1256 PROOF OF SERVICE filed by Defendant Joseph Babajian, re Response in Opposition to Motion 1252 , was served on 1/7/2007. (yc, )
January 8, 2007 Filing 1255 RESPONSE to MOTION to Intervene 1249 filed by PLAINTIFF/INTERVENOR RBC Mortgage Company of California. (yc, )
January 8, 2007 Filing 1254 DECLARATION of Arnold Sklar IN SUPPORT OF MOTION to Intervene 1249 filed by Intervenor/plaintiff RBC Mortgage Company of California. (yc, )
January 8, 2007 Filing 1253 RESPONSE (non-opposition) to Government's MOTION to Intervene 1249 filed by defendant Prudential California Realty. (yc, )
January 8, 2007 Filing 1246 MINUTES ORDER held before Judge Dean D. Pregerson :, Resetting hearing as to MOTION for Order 1245 Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Dean D. Pregerson.Court Reporter: None Present. (yc, )
January 5, 2007 Filing 1252 OPPOSITION to MOTION for Issuance of of order authorizing reciverto enter into settlement agreement with coldwell banker residential brokeragecompany and for determination of good faith settlement; 1247 filed by defendant Joseph Babajian. (yc, )
January 4, 2007 Filing 1251 Report of Forty Fourth Report filed by Receiver David J Pasternak. (yc, )
December 26, 2006 Filing 1250 DECLARATION of Kendra S. McNally re MOTION to Intervene 1249 filed by intervenor United States of America. (yc, )
December 26, 2006 Filing 1249 NOTICE OF MOTION AND MOTION to Intervene for limited purposed of staying discovery and to stay discovery. filed by Intervenor United States of America. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Dean D. Pregerson. (yc, )
December 20, 2006 Filing 1247 NOTICE OF MOTION AND MOTION for Issuance of of order authorizing reciver to enter into settlement agreement with coldwell banker residential brokerage company and for determination of good faith settlement; Declaration of David J. Pasternak; Memorandum of points and authorities. filed by defendant David J Pasternak. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Dean D. Pregerson. (yc, )
December 15, 2006 Opinion or Order Filing 1244 ORDER by Judge Dean D. Pregerson Instructing U.S. Marshals to Immediately Seize Books and Records, documents and electronic Hard drives currently in the Possession of Meya Fitzgerald and Her family [Currently Located in U.s. Samoa].(pbap, )
December 13, 2006 Filing 1245 NOTICE OF HEARING ON RECEIVER'S FIRST REPORT AND ACCOUNT AND MOTION FOR ISSUANCE OF RELATED ORDERS; Receiver's first report and accoutn; Declaraton of David J. Pasternak; Memorandum of points and authorities. filed by defendant David J Pasternak. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
December 4, 2006 Filing 1241 ANSWER to second Amended Complaint,, 211 demand for jury trial. filed by defendants Joseph Babajian, Kyle Grasso.(yc, )
November 30, 2006 Opinion or Order Filing 1242 ORDER by Judge Dean D. Pregerson, re EX PARTE APPLICATION for Order for collect tax refunds Nunc Pro Tunc 1233 is GRANTED. (SEE FILE)(yc, )
November 30, 2006 Filing 1240 ANSWER to second Amended Complaint,, 211 filed by defendants Prudential California Realty. demand for jury trial(yc, )
November 30, 2006 Opinion or Order Filing 1239 STIPULATION AND ORDER by Judge Dean D. Pregerson : That RBC hereby withdraws its fouth claim for relief for conversion in its second amended complaint against defendants CalTile and Thomas.(yc, )
November 22, 2006 Filing 1243 PROOF OF SERVICE filed by Receiver David J Pasternak, was served on 11/21/2006 regaring Notice of re-filing of ex parte application to amend tax order. (yc, )
November 21, 2006 Filing 1231 ANSWER to second Amended Complaint,, 211 filed by defendants California Title Company, William Bill Thomas.(yc, )
November 17, 2006 Filing 1238 SEALED DOCUMENT-MINUTES ORDRER (IN CHAMBERS) UNDER SEALCourt Reporter: Not Present. (yc, ) (kag).
November 15, 2006 Filing 1237 REQUEST for removal from court's service list filed by Movant Barbara Markman, Melvin Markman. (yc, )
November 14, 2006 Opinion or Order Filing 1236 STIPULATION AND ORDER by Judge Dean D. Pregerson : lifing discovery stay. Any remaining stay on discovery initially imposed by the court in its 5/8/203 order confirming the appointment of David J. Pasternak as permanent receiver for the receivership defendants is lifted. The lifing of the stay shall be effective as of the entry by the court of this stipulation and order and to the extent that the stay of discovery applies to any other matters where the receiver is a party, such stay is similarly lifted. Discovery in this case is consolidated with discovery obtainin in the action commonly referred to as Pasternak v. Prudential Realty Inc et al. Case no SACV05-351 DDP(PLAx). to the extent such discovery is admissible in the action in which it is obtained, it is likewise admissible in the other action. (yc, )
November 14, 2006 Filing 1235 DECLARATION of Richard P. Ormond re EX PARTE APPLICATION for Order for collect tax refunds Nunc Pro Tunc 1233 filed by Receiver David J Pasternak. (yc, )
November 14, 2006 Filing 1234 Notice of re-filing of ex parte application to amend tax order authorizing reciever to collect tax refunds Nun prop tunc and related pleadings re EX PARTE APPLICATION for Order for collect tax refunds Nunc Pro Tunc 1233 filed by Receiver David J Pasternak. LODGED PROPOSED ORDER. (yc, )
November 14, 2006 Filing 1233 EX PARTE APPLICATION to amend tax Order authorizing receiver to collect tax refunds Nunc Pro Tunc filed by defendant David J Pasternak. (yc, )
November 14, 2006 Filing 1229 DECLARATION of RICHARD P. ORMOND regaridng local rule 7-19.1 filed by Receiver David J Pasternak. (et)
November 13, 2006 Filing 1230 Forty-Third Report filed by Receiver David J Pasternak. (et)
November 13, 2006 Opinion or Order Filing 1227 MINUTES ORDER (IN CHAMBERS) by Judge Dean D. Pregerson: TTHE CLERK OFFICE IS DIRECTED TO UPDATE/REVISE THE COURT DOCKET TO REFLECT THE FOLLOWING: Peggy Abrams, 269 South Beverly, PO Box 1157, Beverly Hills, CA 90212. Court Reporter: None Present. (jp)
November 8, 2006 Opinion or Order Filing 1232 STIPULATION AND ORDER by Judge Dean D. Pregerson : re Complaint - (Discovery) 1 . The deadline for defendants to respond to RBC's complaint is extended to Wednesday 11/22/2006.(yc, )
November 3, 2006 Filing 1228 SECOND AMENDED COMPLAINT OF INTERVENOR against Intervernor defendants Joseph Babajian, Kyle Grasso, PTD Partners LLC(a limited liability company), California Title Company, Prudential California Realty, Prudential California Realty-John Aaroe Division, William Bill Thomas; Party 1777 Summit Ridge LLC; 2545 BWMT LLC; 2601 Bowmont Drive LLC; 2701 Bowmont Drive LLC; 655 Sarbonne LLC; Herbert I Abrams; Herbert I Abrams; Mark Abrams; Peggy Abrams; Erica Bastiaans; Beverly Hills Construction Management Inc; Beverly Hills Construction Management, LLC; Beverly Hills Development Corporation; Beverly Hills Estates Construction Corporation; Beverly Hills Estates Funding Inc; Beverly Hills Estates Funding Inc; Beverly Hills Estates Funding Inc; Judith Rebasz Blanchard; Donna Compton; Heather Compton; Matthew Todd Compton; Matthew Todd Compton; Matthew Todd Compton; Matthew Todd Compton; Del Fern LLC; Desert Pacific Financial Inc; Desert Pacific Financial Inc; Desert Pacific Financial Inc; Michael Dildine; Does; David Stephen Eisenberg; Meya Fitzgerald; Michael Fitzgerald; Virginia Grindley; Robert Holland; Timothy Holland; Charles Jansen; Harold Jasper; Harriet Jasper; Eoin Kreditor; Garrett Kreditor; Nicole LaViolette; Marian Masters; Jamieson Matykowski; Jan Van Orman; PTD Partners LLC; PTD Partners LLC; PTD Partners LLC; PTD Partners LLC; PTD Partners LLC; PTD Partners LLC; Pacific Realty; Scott Robinson; Rodeo Financial LLC; Stone Canyon Bellagio LLC; Summit Ridge II LLC; Summit Ridge LLC; Ray Tibbitts; Gregory Van Orman; Vic Whitsett; Wilshire Equipment Rentals, Inc; Mark Young; 1261 Angelo Drive LLC and 1407 Davies Drive LLC terminated amending First Amended Complaint of Intervenor 1171 ; JURY DEMAND,filed by Intervernor plaintiff RBC Mortgage Company of California (yc, )
October 30, 2006 Opinion or Order Filing 1226 NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING amend tax order submitted by Intervenor Defendant 2601 Bowmont Drive LLC received on 10/27/2006 is not to be filed but instead rejected. Denial based on: In the body of the document of the motion it indicates his document as an ex parte,.(yc, )
October 27, 2006 Opinion or Order Filing 1225 AMENDED ORDER: The court dismisses the claims of negligence, negligent supervision, unjust enrichment, and negligent misrepresentation with prejudice; The court dismisses RBC's RICO claim with prejudice; The court dismisses RBC's claim against Prudential, Grasso, and Babajian for conversion, but grants RBC leave to amend in accordance with the deficiencies outlined in this tentative ruling; The court denies the motion to dismiss the claims of intentional misrepresentation, fraud, conspiracy to commit fraud, and respondeat superior by Judge Dean D. Pregerson, re Order,,, #1223 (bp, )
October 23, 2006 Opinion or Order Filing 1223 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS RBC'S FIRST AMENDED COMPLAINT by Judge Dean D. Pregerson: The Court grants in part and denies in part Defendants' Motions to Dismiss 1208 , 1200 , 1209 , 1207 , 1210 as follows: The Court dismisses the claims of negligence, negligent supervision, unjust enrichment, and negligent misrepresentation with prejudice. The Court dismisses RBC's RICO claim with prejudice. The Court dismisses RBC's claim against Pickford Realty, dba Prudential California Realty, Inc., William Thomas, and Joseph Babajian for conversion, but grants RBC leave to amend in accordance with the deficiencies outlined in this tentative ruling. The Court denies the motion to dismiss the claims of intentional misrepresentation, fraud, conspiracy to commit fraud, and respondeat superior. (gk, )
October 23, 2006 Filing 1222 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Court hears oral argument and takes the following matters under submission: Defendants California Title Company's and William Thomas' Motion to Dismiss Intervenor's First Amended Complaint 1208 , Prudential's Motion to Dismiss RBC's First Amended Complaint 1200 , Joinder by Defendant Joseph Babajian in Prudentials' Motion to Dismiss RBC's First Amended Complaint 1209 , Joinder by Defendants California Title Company's and William Thomas in Prudential's Motion to Dismiss RBC's First Amended Complaint 1207 ; and Joinder by Defendant Kyle Grasso in Prudential's Motion to Dismiss RBC's First Amended Complaint 1210 . Court Reporter: Maria Bustillos. (gk, )
October 13, 2006 Filing 1224 FORTY-SECOND Report filed by Receiver David J Pasternak. (ir, )
September 22, 2006 Filing 1221 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: RE: MOTION to Dismiss Intervenor's First Amended Complaint for FAilure to State a Claim Upon Which Relief Can Be Granted Under F.R.C.P., Rule 12(b)(6) 1208 , MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1209 , MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1210 , MOTION to Dismiss Case re Amended Complaint 72 1200 , MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1207 , COUNSEL ARE NOTIFIED that on the Court's own motion the DEFENDANTS CALIFORNIA TITLE COMPANY'S AND WILLIAM THOMAS' MOTION TO DISMISS INTERVENOR'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06)PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06), JOINDER BY DEFENDANT JOSEPH BABAJIAN IN PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06), JOINDER BY DEFENDANTS CALIFORNIA TITLE COMPANY'S AND WILLIAM THOMAS IN PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06) and the JOINDER BY DEFENDANT KYLE GRASSO IN PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06) are hereby continued from September 25, 2006 to October 23, 2006 at 10:00 a.m. Court Reporter: none. (jc, )
September 13, 2006 Filing 1218 Report of forty first (yc, )
September 13, 2006 Filing 1215 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson :, Resetting Hearing as to MOTION to Dismiss Intervenor's First Amended Complaint for FAilure to State a Claim Upon Which Relief Can Be Granted Under F.R.C.P., Rule 12(b)(6) 1208 , Order,, #1193 , MOTION to Dismiss Case re Amended Complaint 72 1200 , MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1209 , MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1207 , MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1210 COUNSEL ARE NOTIFIED that on the Court's own motion the DEFENDANTS CALIFORNIA TITLE COMPANY'S AND WILLIAM THOMAS' MOTION TO DISMISS INTERVENOR'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06), PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06), JOINDER BY DEFENDANT JOSEPH BABAJIAN IN PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06), JOINDER BY DEFENDANTS CALIFORNIA TITLE COMPANY'S AND WILLIAM THOMAS IN PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06) and JOINDER BY DEFENDANT KYLE GRASSO IN PRUDENTIAL'S MOTION TO DISMISS RBC'S FIRST AMENDED COMPLAINT (FILED ON 08-24-06) are hereby continued from September 18, 2006 to September 25, 2006 at 10:00 a.m.Court Reporter: none. (jc, )
September 12, 2006 Filing 1220 Mail Returned addressed to 8867 Hollywood Hills Rd, Los Angeles Ca 90046 re #1201 Reassign Case upon Recusal of Magistrate Judge (CV-110), Reassign Case upon Recusal of Magistrate Judge (CV-110) (yc, )
September 12, 2006 Filing 1219 Mail Returned addressed to 950 Lake Street, Huntington Beach, Ca 92648 re 1204 Order (yc, )
September 11, 2006 Filing 1217 REPLY memorandum in support of MOTION for Joinder in MOTION to Dismiss Case re Amended Complaint 72 1200 1210 filed by Pickford Realty PTD Partners LLC(a limited liability company). (yc, )
September 11, 2006 Filing 1216 REPLY to memorandum of points and authorities in support of their motion to dismiss first Amended Complaint 72 [ California Title Company, William Bill Thomas. (yc, )
September 3, 2006 Opinion or Order Filing 1212 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Arthur Nakazato. ORDER case returned to the Clerk for random reassignment discovery pursuant to General Order 224, Section 3.2. Case randomly reassigned from Judge Arthur Nakazato to Judge Robert N. Block for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:03-cv-02702DDP(RNBx).(sco, ) Modified on 9/8/2006 (sco, ).
September 1, 2006 Filing 1214 OPPOSITION to MOTION to Dismiss Case re Amended Complaint 72 1200 filed by plaintiff RBC Mortgage Company of California. (bp, )
September 1, 2006 Filing 1213 OPPOSITION to MOTION to Dismiss Intervenor's First Amended Complaint for FAilure to State a Claim Upon Which Relief Can Be Granted Under F.R.C.P., Rule 12(b)(6) 1208 filed by plaintiff RBC Mortgage Company of California. (bp, )
August 29, 2006 Opinion or Order Filing 1211 STIPULATION AND ORDER by Judge Dean D. Pregerson : THE PARTIES HEREBY STIPULATE AS FOLLOWS: The page limitation for the memorandum in support of Prudential's motion to dismiss shall be extended from 25 to no more than 45 pages.(yc, )
August 29, 2006 Opinion or Order Filing 1201 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Paul L. Abrams. ORDER case returned to the Clerk for random reassignment discovery pursuant to General Order 224, Section 3.2. Case randomly reassigned from Judge Paul L. Abrams to Judge Arthur Nakazato for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 03-2702 DDP (ANx).(rn, )
August 28, 2006 Opinion or Order Filing 1198 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dean D. Pregerson ORDERING Notice of motion to dismiss first amended complaint submitted by Defendant Prudential California Realty received on 8/24/2006 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(jp)
August 24, 2006 Filing 1210 NOTICE OF JOINDER AND JOINDER in Motion to Dismiss RBC's First Amended Complaint by Defendant Pickford Realty, Ltd. d/b/a Prudential California Realty 1200 filed by Defendant Kyle Grasso. Motion set for hearing on 9/18/2006 at 10:00 AM before Judge Dean D. Pregerson. (gk, )
August 24, 2006 Filing 1209 NOTICE OF JOINDER AND JOINDER in Motion to Dismiss RBC's First Amended Complaint by Defendant Pickford Realty, Ltd. d/b/a Prudential California Realty's 1200 filed by Defendant Joseph Babajian. Motion set for hearing on 9/18/2006 at 10:00 AM before Judge Dean D. Pregerson. (gk, )
August 24, 2006 Filing 1208 NOTICE OF MOTION AND MOTION to Dismiss Intervenor's First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Under F.R.C.P., Rule 12(b)(6) filed by Defendants California Title Company and William Thomas; memorandum of points and authorities in support thereof. Motion set for hearing on 9/18/2006 at 10:00 AM before Judge Dean D. Pregerson. (gk, )
August 24, 2006 Filing 1207 NOTICE OF JOINDER AND JOINDER in Defendant Pickford Realty, ZLtd. d/b/a Prudential California Realty's Motion to Dismiss RBC's First Amended Complaint 1200 filed by Defendants California Title Company and William Thomas. Motion set for hearing on 9/18/2006 at 10:00 AM before Judge Dean D. Pregerson. (gk, )
August 24, 2006 Filing 1206 DISCLOSURE STATEMENT filed by Defendant California Title Company, identifying Orange Coast Title Company, First American Title Insurance Company, and Pickford Holdings as Corporate Parent. (gk, )
August 24, 2006 PLACED IN FILE - NOT USED re Proposed Order Approving Good Faith Settlement submitted by Defendant Lila Rizk. (gk, )
August 24, 2006 Filing 1202 NOTICE of Change of Firm Name by A Kristine Floyd, Lawrence D Lewis attorney for Defendants California Title Company, William Bill Thomas, changing firm name to Allen Matkins Leck Gamble Mallory and Natsis LLP. Filed by defendants California Title Company and William Thomas (bb, )
August 24, 2006 Filing 1200 NOTICE OF MOTION AND MOTION to Dismiss RBC First Amended Complaint 72 ; Memorandum of Points and Authorities filed by defendant Prudential California Realty. Motion set for hearing on 9/18/2006 at 10:00 AM before Judge Dean D. Pregerson. (jp)
August 24, 2006 Opinion or Order Filing 1199 STIPULATION AND ORDER by Judge Dean D. Pregerson that the page limitation for the memorandum in support of Prudential Motion to Dismiss shall be extended from 25 to no more than 45 pages. IT IS SO ORDERED. (jp)
August 24, 2006 Filing 1196 NOTICE of Interested Parties filed by Defendants California Title Company, William Bill Thomas. (yl, )
August 24, 2006 Filing 1195 CERTIFICATION of Interested Parties filed by Intervenor Defendant Kyle Grasso. (yl, )
August 24, 2006 Filing 1194 CERTIFICATION AND NOTICE of Interested Parties filed by Intervenor Defendant Joseph Babajian. (yl, )
August 24, 2006 Opinion or Order Filing 1193 ORDER APPROVING GOOD FAITH Settlement and Authorizing Receiver to Enter Into Settlement Agreement with Defendants Rizk and Robinson by Judge Dean D. Pregerson: IT IS ORDERED, ADJUDGED AND DECREED that: 1. The Motion is GRANTED. 2. All complaints or claims of Lehman Brothers Bank, FSB, RBC Mortgage Company of CA and the Receiver against Rizk and Robinson and all cross-claims and third party claims seeking equitable indemnity, comparitive indemnity, comparative negligence, declaratory relief, and contribution against Rizk and Robinson be dismissed with prejudice; (See document for further details)(yl, )
August 23, 2006 Filing 1205 FORTIETH REPORT filed by Receiver David J. Pasternak. (gk, )
August 21, 2006 Opinion or Order Filing 1204 ORDER by Judge Dean D. Pregerson Approving Receiver's Third Claims Report 1180 . Further ordered that the Receiver shall not make any payments to any approved claimant at this time, pending further Order of this Court.(gk, )
August 21, 2006 Filing 1203 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Court hears oral argument re Motion to Enforce Settlement and for Determination of Good Faith Settlement (Filed on 6/30/2006) 1182 ; and Hearing Re Receiver's Third Claims Report and Application for Issuance of Order Approving Receiver's Third Claims Report (Filed on 7/31/2006), and takes the matter under submission. Court Reporter: Maria Bustillos. (gk, )
August 15, 2006 Filing 1197 REQUEST for Removal from Service List filed by Cordelia F. Herrin, Esq., attorney for Shawna Fitzgerald. (gk, )
August 1, 2006 Opinion or Order Filing 1192 STIPULATION AND ORDER by Judge Dean D. Pregerson : re Amended Complaint, 1171 ., ORDER granting defendants California Title Company answer due 8/24/2006; William Bill Thomas answer due 8/24/2006 by Judge Dean D. Pregerson (yc, )
July 28, 2006 Filing 1191 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson :, RE: MOTION for Hearing 1180 , MOTION to Enforce 1182 COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO ENFORCE SETTLEMENT AND FOR DETERMINATION OF GOOD FAITH SETTLEMENT (FILED ON 06-30-06) and the HEARING RE RECEIVER'S THIRD CLAIMS REPORT AND APPLICATION FOR ISSUANCE OF ORDER APPROVING RECEIVER'S THIRD CLAIMS REPORT (FILED ON 06-15-06) are hereby continued to August 21, 2006 at 10:00 a.m. Court Reporter: none. (jc, )
July 25, 2006 Filing 1190 Receiver's thirty-ninth report filed by Receiver David J Pasternak. (yc, )
July 19, 2006 Opinion or Order Filing 1189 Stipulation and order by Judge Dean D. Pregerson. to Extend Time to File Answer 540 , defendants Prudential California Realty answer due 8/24/2006 (yc, )
July 19, 2006 Filing 1188 REPLY to opposition to MOTION to Enforce 1182 filed by defendants Lila Rizk. (yc, )
July 17, 2006 Filing 1187 REPLY of lehman brothers bank to us bank opposition to MOTION to Enforce 1182 filed by plaintiff Lehman Brothers Bank FSB. (yc, )
July 14, 2006 Filing 1186 OPPOSITION to MOTION to Enforce 1182 filed by Non-Party U.S Bank National Association Does. (yc, )
July 14, 2006 Filing 1185 DECLARATION of David J. Pasternak re MOTION to Enforce 1182 filed by Receiver David J Pasternak. (yc, )
July 14, 2006 Filing 1184 REPLY to MOTION to Enforce 1182 filed by Receiver David J Pasternak. (yc, )
July 6, 2006 Filing 1183 EXHIBIT A to declaration of Joseph C. Campo re MOTION to Enforce 1182 filed by defendants A-1 Appraisal Service. (yc, )
June 30, 2006 Filing 1182 NOTICE OF MOTION AND MOTION to Enforce settlement and for determination of good faith settlement;Memorandum of points and authorities ; Declartion of Joseph C Campo in support filed by defendants Lila Rizk. Motion set for hearing on 7/24/2006 at 10:00 AM before Judge Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
June 22, 2006 Filing 1181 Thirty-Eighth Report filed by Receiver David J Pasternak. (yc, )
June 15, 2006 Filing 1180 NOTICE OF hearing re receiver's third claims report and application for issuance of order approving receiver's third claims report: Declaration of David J. Pasternak; Memorandum of points and authorities. filed by receiver David J Pasternak. Motion set for hearing on 7/31/2006 at 10:00 AM before Judge Dean D. Pregerson. (yc, )
May 22, 2006 PLACED IN FILE - NOT USED re First Amended complaint submitted by intervenor RBC Mortgage Company of California. (yc, )
May 18, 2006 Filing 1179 RECEIVER'S THIRTY-seventh report filed by Receiver David J Pasternak (yc, )
May 16, 2006 Filing 1178 NOTICE of order filed by plaintiff/Intervenor RBC Mortgage Company of California. (yc, )
May 15, 2006 Opinion or Order Filing 1177 ORDER by Judge Dean D. Pregerson,IT IS ORDERED, ADJUDGED AND DECREED THAT. (see file). The court expects the california receiver to assist the Utah court to the extent possible. Nothing in this order is deemed to waive and/or modify the communication privilege between the california reciever and plaintiff Lehman Brothers Bank, and RBC Mortgage of California pursuant to the joint prosection agreement previously approved by this court. (yc, )
May 12, 2006 Opinion or Order Filing 1172 AMENDED ORDER by Judge Dean D. Pregerson, GRANTING MOTION TO DISMISS WIHTOUT PREJUDICE #1170 (SEE FILE(yc, )
May 10, 2006 Opinion or Order Filing 1176 STIPULATION AND ORDER by Judge Dean D. Pregerson : re Amended Complaint, 1171 ., ORDER granting defendants Joseph Babajian answer due 7/24/2006; Kyle Grasso answer due 7/24/2006; California Title Company answer due 7/24/2006; Prudential California Realty-John Aaroe Division answer due 7/24/2006; William Bill Thomas answer due 7/24/2006 by Judge Dean D. Pregerson (yc, )
May 10, 2006 Filing 1175 DECLARATION of Richard P. Ormond re EX PARTE APPLICATION for Order for instructions relief lawsuit 1173 filed by Receiver David J Pasternak. (yc, )
May 10, 2006 Filing 1174 DECLARATION of David J. Pasternak re EX PARTE APPLICATION for Order for instructions relief lawsuit 1173 filed by receiver David J Pasternak. (yc, )
May 10, 2006 Filing 1173 EX PARTE APPLICATION for instructions regarding declaratory relief lawsuit filed by receiver David J Pasternak. Lodged PROPOSED ORDER. (yc, )
May 3, 2006 PLACED IN FILE - NOT USED re [Proposed] Order Granting Motion to Dismiss Claims Assert in Intervenor RBC's Operative Complaint in Intervention submitted by Intervenor RBC Mortgage Company of California. (yl, )
May 3, 2006 Opinion or Order Filing 1170 ORDER GRANTING MOTION TO DISMISS Without Prejudice by Judge Dean D. Pregerson Pursuant to LR 7-15, the Court finds this motion appropriate for decision without oral argument. After reviewing the submission from RBC, the Court grants the motion. No opposition to this motion has been filed. (See Order for further details)(yl, )
May 3, 2006 Filing 1169 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson :, RE: MOTION to Dismiss claims asserted in intervenor RBC's operative complaint 1163 COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO DISMISS BY INTERVENOR RBC MORTGAGE COMPANY OF CALIFORNIA (FILED ON 04-13-06) set for May 8, 2006 at 10:00 a.m., is hereby taken off calendar, the hearing date vacated and will be decided without oral argument.Court Reporter: none. (jc, )
April 21, 2006 Filing 1168 thirty sixth Report filed by Receiver David J Pasternak. (yc, )
April 21, 2006 Filing 1167 EMERGENCY EX PARTE APPLICATION for Order for extending time through 5/31/2006 for receiver accountants to complete receivership estate tax analysis and through 6/19/2006 for reciever to file his third claims report regarding the receivership estates's tax liability ability to distribute funds and greg Van orman, objections to reciever's first claims report. (yc, )
April 19, 2006 Filing 1166 DECLARATION of David J Pasternak re EX PARTE APPLICATION for Order for extending time through 5/31/2006 for reciever's accountants to complete receivership estate tax analysis and through June 19.2006 for receiver to file his third claims report regarding the receivership estate tax 1165 filed by Receiver. (yc, )
April 19, 2006 Filing 1165 EMERGENCY EX PARTE APPLICATION for Order for extending time through 5/31/2006 for reciever's accountants to complete receivership estate tax analysis and through June 19.2006 for receiver to file his third claims report regarding the receivership estate tax liability ability to distribute funds and Greg Van Orman's objections to receiver first claims report. Lodged Proposed order. (yc, )
April 17, 2006 Filing 1171 FIRST AMENDED COMPLAINT OF INTERVENOR Xagainst defendant A-1 Appraisal Service, AM-1 Appraisal Service, California Title Company, Prudential California Realty, Prudential California Realty-John Aaroe Division, William Bill Thomas, Joseph Babajian, Kyle Grasso, Lila Rizk, Scott Robinson amending Complaint - (Discovery) 1 ,filed by Plaintiff/Intervenor RBC Mortgage Company of California (yc, ) ISSD SMS ON FIRST A/C Modified on 11/15/2006 (yc, ).
April 17, 2006 Filing 1164 CERTIFICATION of Interested Parties filed by Intervenor RBC Mortgage Company of California. (yc, )
April 13, 2006 Filing 1163 NOTICE OF MOTION AND MOTION to Dismiss claims asserted in intervenor RBC's operative complaint in interventive against certain defendants without prejudice; Memorandum of points and authorities in support. filed by Intervenor RBC Mortgage Company of California. Motion set for hearing on 5/8/2006 at 10:00 AM before Judge Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
April 12, 2006 Opinion or Order Filing 1162 ORDER by Judge Dean D. Pregerson, granting motion to amend(yc, )
April 7, 2006 PLACED IN FILE - NOT USED re PROPOSED ORDER GRANTING MOTION submitted by Plaintiff Lehman Brothers Bank FSB. (yc, )
March 28, 2006 Filing 1161 PROOF OF SERVICE filed by The related Pasternak case California Title Compnay and William Thomas re MOTION for Leave 1130 , was served on 3/27/2006. (yc, )
March 27, 2006 Filing 1160 SUPPLEMENT brief in support of RBC MOTION for Leave 1130 filed by plaintiff/Intervenor RBC Mortgage Company of California. (yc, )
March 27, 2006 Filing 1159 SUPPLEMENT memoandum of points and authorities of california title company and William Thomas in opposition to RBC Mortgage Company to MOTION for Leave 1130 filed by defendants in the related Pasternak Case David J Pasternak. (yc, )
March 22, 2006 Filing 1158 THIRTY-FIFTH Report filed by Receiver David J Pasternak. (jp, )
March 21, 2006 Opinion or Order Filing 1157 ORDER by Judge Dean D. Pregerson,for supplemental briefing. The court requests supplemental briefing on the issue of the proper statute of limitations. Each party's submissions are not to exceed 10 pages and must be filed by Monday 3/27/2006. The parties should also deliver a courtesy copy to chambers. (yc, )
March 20, 2006 Filing 1153 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson :, RE: MOTION for Leave 1130 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (jc,)
March 15, 2006 Opinion or Order Filing 1156 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Robert D. MacGill as counsel for Defendant Pickford Realty LTd Approved by Judge Dean D. Pregerson.(yc, )
March 15, 2006 Opinion or Order Filing 1155 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Karoline F Jackson as counsel for Defendant Pickford Realty LTD Approved by Judge Dean D. Pregerson.(yc, )
March 15, 2006 Opinion or Order Filing 1154 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Michael J. Hulka as counsel for Pickford Realty LTd designating Joseph F. Coyner, JR as local counsel. Fee PAID. Approved by Judge Dean D. Pregerson.(yc, )
March 15, 2006 Filing 1151 DECLARATION of David A Bernardoni re Errata 1150 filed by Intervenor RBC Mortgage Company of California. (yc, )
March 15, 2006 Filing 1150 NOTICE OF ERRATA filed by Intervenor RBC Mortgage Company of California. re reply memorandum (yc, )
March 13, 2006 Filing 1149 REPLY to opposition to its MOTION for Leave 1130 filed by plaintiff/Intervenor RBC Mortgage Company of California. (yc, )
March 13, 2006 Filing 1148 DECLARATION of David A Bernardoni in supprot of reply to the MOTION for Leave 1130 filed by plaintiff/intervenor RBC Mortgage Company of California. (yc, )
March 7, 2006 Filing 1152 JOINDER Memorandum of points and authorities in opposition to RBC Mortgage Company of California's re MOTION for Leave 1130 filed by defendant Pickford Realty David J Pasternak. (yc, )
March 7, 2006 Filing 1146 APPLICATION OF NON-RESIDENT attorney Karoline E. Jackson to Appear in a specific case.filed by defendant Pickford Realty. FEE PAID. Lodged PROPOSED ORDER. (yc, )
March 7, 2006 Filing 1145 APPLICATION of non-resident attorney Robert D. MacGill to Appear in a specific case filed by Pickford Realty. FEE PAID. Lodged proposed order. (yc, )
March 7, 2006 Filing 1144 APPLICATION OF NON-RESIDENT attorney Michael J. Hulka to Appear in a specific case. FEE PAID. Lodged PROPOSED ORDER. (yc, )
March 7, 2006 Filing 1143 NOTICE of Appearance OF COUNSEL filed by attorney Kenneth A O'Brien,Jr, Joseph F Coyne on behalf of Defendants PTD Partners LLC, Pacific Realty (yc, )
March 7, 2006 Filing 1142 CERTIFICATION of Interested Parties filed by Defendant Pacific Realty. (yc, )
March 6, 2006 Filing 1147 MEMORANDUM of points and authories and declartion of Lawrence D. Lewis and exhbitis in opposition to RBC Mortgage Company of California's MOTION for Leave 1130 filed by California Title Company and William Thomas David J Pasternak. (yc, )
February 22, 2006 Filing 1141 RECEIVER'S THRITY-FOURTH REPORT filed by Receiver David J Pasternak. (yl, )
February 10, 2006 Filing 1140 REQUEST for removal from service list filed by Intervenors Harold Jasper, Harriet Jasper. (yc, )
February 2, 2006 Filing 1264 NOTICE of issuance of order approving and settling receiver first report and account. filed by plaintiff David J Pasternak. (yc, )
February 2, 2006 Opinion or Order Filing 1139 ORDER by Judge Dean D. Pregerson, re EX PARTE APPLICATION for Order for authorizing receiver to enter into settlemetn agreement with bluth/kreditor groups 1135 is granted. The Bluth Group claims shall be deemed allowed as general unscured claims in the receivership estate in teh aggregate amount of $7,000,00 but shall not be entitled to any priority as administrative expenses or secured claims as follows:(see document for details)(yc, )
February 2, 2006 PLACED IN FILE - NOT USED re Proposed order granting submitted by receiver David J Pasternak. (yc, )
February 2, 2006 Filing 1134 MINUTES OF Status Conference held before Judge Dean D. Pregerson :Court and counsel confer. Objection to the Receiver's First Claims Report were discussed and put on the record. The Receiver has until April 17, 2006 to advise the Court as to whether there will be an agreement with the Utah Receiver regarding Greg Van Orman's objections to the Receiver's First Claims Report. The Receiver shall file a status report with the Court before that date.Court Reporter: Walter Ledge. (jc, )
February 1, 2006 Filing 1138 PROOF OF SERVICE filed by Receiver David J Pasternak, re EX PARTE APPLICATION for Order for authorizing receiver to enter into settlement agreement with bluth/kreditor groups 1135 , Declaration (Motion related), Declaration (Motion related) 1136 , Declaration (Motion related) 1137 , was served on 1/31/2006. (yc, )
February 1, 2006 Filing 1137 DECLARATION of David J. Pasternak in support of EX PARTE APPLICATION for Order for authorizing receiver to enter into settlement agreement with bluth/kreditor groups 1135 filed by Receiver David J Pasternak. (yc, )
February 1, 2006 Filing 1136 DECLARATION of Michael L. Wachtell re EX PARTE APPLICATION regarding LR 7-19 in support of ex parte application for issuance of order authorizing receiver to enter into settlement agreement with bluth/kreditor groups 1135 filed by Receiver David J Pasternak. (yc, )
February 1, 2006 Filing 1135 EX PARTE APPLICATION for issuance of oder authorizing receiver to enter into settlement agreement with bluth/kreditor groups filed by Receiver PTD Partners LLC(a limited liability company), David J Pasternak. Lodged PROPOSED ORDER. (yc, ) Modified on 2/3/2006 (yc, ).
January 24, 2006 Opinion or Order Filing 1128 MINUTES OF IN CHAMBERS ORDER by Judge Dean D. Pregerson :COUNSEL ARE NOTIFIED that on the Court's own motion the HEARING RE OBJECTIONS (COURT ORDERED 05-18-05) is hereby continued from January 30, 2006 to February 2, 2006 at 11:00 a.m. Court Reporter: none. (jc, )
January 19, 2006 Filing 1133 RECEIVER'S THIRTY-THIRD REPORT (esa, )
January 18, 2006 Filing 1129 Substitution of Attorney filed. Substituting attorney Ernest Elijah Price for RBC Mortgage Company of California in place and stead of attorney Russell F Sauer by Judge Dean D. Pregerson.(yc, )
January 17, 2006 Filing 1132 DECLARATION of in reply to Greg Van Orman supplement declaration objecting to receiver's first claims report. (yc, )
January 13, 2006 Filing 1131 NOTICE OF SUBSTITUTION of Counsel with Respect to Intervenor RBC Mortgage Company of California Claims against Certain Defendants Only filed by Intervenor RBC Mortgage Company of California; lodged Proposed Substitution of Attorneys (ln, )
January 13, 2006 Filing 1130 NOTICE OF MOTION AND MOTION for Leave to File First Amended Complaint; Memorandum of Points and Authorities in Support Thereof; Declaration of John S Na; filed by Intervenor RBC Mortgage Company of California. Motion set for hearing on 3/20/2006 at 10:00 AM before Judge Dean D. Pregerson. Lodged Proposed First Amended Complaint and Order. (ln, )
January 11, 2006 Filing 1125 SUPPLEMENT declaration objecting to receiver's first claims report, filed by Intervenor Defendant Gregory Van Orman. (yc, )
January 10, 2006 Opinion or Order Filing 1124 ORDER by Judge Dean D. Pregerson, re MOTION to Dismiss claims asserted in intervenor RBC's operative complaint in intervention against certain defendants and to dismiss defendant/counterclaims against RBC; 1113 is granted(yc, )
January 10, 2006 Opinion or Order Filing 1123 ORDER by Judge Dean D. Pregerson, re MOTION to Dismiss defendant Garrett Kreditor 1116 is granted. The court finds no defendant will be prejudiced as a result of the dismissal of Garrett Kreditor.Each party will bear its own attorneys fees and costs as between each other. (yc, )
January 9, 2006 Filing 1122 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson :, RE: MOTION to Dismiss defendant Garrett Kreditor 1116 , MOTION to Dismiss claims asserted in intervenor RBC's operative complaint in intervention against certain defendants and to dismiss defendant/counterclaims against RBC; 1113 Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (jc, )
January 5, 2006 Filing 1127 thirty second report filed by Receiver David J Pasternak. (yc, )
December 29, 2005 Opinion or Order Filing 1126 ORDER by Judge Dean D. Pregerson ; authorizing reciever to enter into a settlement agreement with Temo. A Arjani & Co Lehman brothers bank and Mortgage company of California(yc, )
December 16, 2005 Filing 1121 DECLARATION of Suzanne M. Hankins re MOTION to Dismiss defendant Garrett Kreditor 1116 filed by plaintiff Lehman Brothers Bank FSB. (yc, )
December 16, 2005 Filing 1120 MEMORANDUM of points and authorities in Support of MOTION to Dismiss defendant Garrett Kreditor 1116 filed by plaintiff Lehman Brothers Bank FSB. (yc, )
December 16, 2005 Filing 1119 DECLARATION of David J Pasternak re EX PARTE APPLICATION for Order for FOR ISSUANCE OF AN ORDER AUTHORIZING RECIEVER TO ENTER INTO A SETTLEMENT AGREEMENT 1117 filed by court appointed reciever David J Pasternak. (yc, )
December 16, 2005 Filing 1118 DECLARATION of Richard P Ormond re MOTION to Dismiss defendant Garrett Kreditor 1116 filed by court appointed reciever David J Pasternak. (yc, )
December 16, 2005 Filing 1117 EX PARTE APPLICATION for Order for FOR ISSUANCE OF AN ORDER AUTHORIZING RECIEVER TO ENTER INTO A SETTLEMENT AGREEMENT with Temo A. Arjani & Co Lehman Brothers Bank filed by COURT APPOINTED RECEIVER David J Pasternak. Lodged PROPOSED ORDER. (yc, )
December 16, 2005 Filing 1116 NOTICE OF MOTION AND MOTION to Dismiss defendant Garrett Kreditor filed by plaintiff Lehman Brothers Bank FSB. Motion set for hearing on 1/9/2006 at 10:00 AM before Honorable Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
December 12, 2005 Opinion or Order Filing 1114 STIPULATION AND ORDER by Judge Dean D. Pregerson :, Resetting Hearing as to Stipulation and Order, Reset Hearings 1107 Scheduling Conference set for 1/30/2006 11:00 AM before Honorable Dean D. Pregerson.(yc, )
December 9, 2005 Filing 1113 NOTICE OF MOTION AND MOTION to Dismiss claims asserted in intervenor RBC's operative complaint in intervention against certain defendants and to dismiss defendant/counterclaims against RBC; filed by defendants Eoin Kreditor, Summit Ridge LLC, Summit Ridge II LLC, Eoin Kreditor, Garrett Kreditor, Garrett Kreditor. Motion set for hearing on 1/9/2006 at 10:00 AM before Honorable Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
December 6, 2005 Opinion or Order Filing 1115 AMENDED ORDER GRANTING 1109 Ex Parte Application Authorizing Receiver to Collect Tax Refunds [Issued Nunc Pro Tunc]by Judge Dean D. Pregerson. (ca, )
December 6, 2005 Filing 1112 NOTICE of partial settlement filed by creditors Eoin Kreditor. (yc, )
November 28, 2005 Filing 1111 DECLARATION of David Reidy filed by Receiver David J Pasternak. re local rule 7-19 (yc, )
November 28, 2005 Filing 1110 DECLARATION of David S Reidy re EX PARTE APPLICATION to Amend/Correct 1109 filed by court Appointed Receiver David J Pasternak. (yc, )
November 28, 2005 Filing 1109 EX PARTE APPLICATION TO AMEND and reissue Nunc Pro Tunc this court 3/9/2005, order. filed by COURT-APPOINTED RECEIVER David J Pasternak. Lodged PROPOSED ORDER. (yc, )
November 23, 2005 Filing 1108 RECEIVER'S THIRTY FIRST REPORT (yc, )
November 4, 2005 Opinion or Order Filing 1107 STIPULATION AND ORDER by Judge Dean D. Pregerson : re Stipulation and Order, 1105 ., Resetting Hearing as to Stipulation and Order, 1105 Scheduling Conference set for 12/12/2005 11:00 AM before Honorable Dean D. Pregerson.(yc, )
October 25, 2005 Filing 1106 THIRTIETH REPORT filed by Receiver David J Pasternak. (yc, )
October 12, 2005 Opinion or Order Filing 1105 STIPULATION AND ORDER to extend briefing schedule and to continue hearing date set in "Order approving in part receiver's first claims report and setting schedule to hear objecttions" by Judge Dean D. Pregerson: It is so ordered, and the hearing scheduled for October 24, 2005, at 11:00 a.m., is continued until 11/14/05, at 11:00 a.m.(ca, )
September 27, 2005 Filing 1104 Receiver's twenty -ninth Report filed by Receiver David J Pasternak. (yc, )
September 14, 2005 Filing 1103 NOTICE of Change of Firm Name and Address by Richard P Ormond, Michael L Wachtell attorney for Receiver David J Pasternak, changing firm and address to Buchalter Nemer, a professional corporaiton and its new address is 1000 Wilshire Blvd, Suite 1500, Los Angeles Ca 90017-2457. Filed by receiver David J. Pasternak (yc, )
September 8, 2005 Filing 1102 COMMON EXHIBITS TO Declaration of Garrett Kreditor, Cleo Bluth, Terry Schultz and Donald McCredie in support of supplement opposition to APPLICATION 1080 filed by Creditor. (yc, )
September 8, 2005 Filing 1101 DECLARATION of Terry Schultz in opposition to APPLICATION 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1100 DECLARATION of Garrett Kreditor in opposition to APPLICATION 1080] filed by Creditors. (yc, )
September 8, 2005 Filing 1099 DECLARATION of John Finton re APPLICATION 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1098 DECLARATION of Cleo A Bluth APPLICATION for issuance of order 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1097 DECLARATION of Donald McCredie in opposition to APPLICATION for issuance of order approving receiver's first claims report. 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1096 OPPOSITION to Receiver APPLICATION approving first claims report. 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1095 DECLARATION of Eoin L. Kreditor in opposition to APPLICATION for Order approving receiver's frist claims report 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1094 Commons Exhitits to declarations of Garrett Kreditor, et al in support of supplemental opposition to APPLICATION for Issuance of Order approving receiver's first claims report 1080 filed by Creditors. (yc, )
September 8, 2005 Filing 1093 COMMON EXHIBITS TO declarations of Garrett Kreditor Clro Bluth, Terry Schultz and Donald McCredie in support re EX PARTE APPLICATION for Order for authorizing receiver to execute documetns re sale of summitride drive development properties and to serve as co-signor of account holding partial proceeds of sale 1080 [volume 1, exhibits 1 to 54] filed by Creditors Cleo A Bluth, Growth Capital Partners, The Schultz Living Trust, Terry Schultz Donald McCredie, Garrett Kreditor and Eoin Kreditor. (yc, )
August 31, 2005 Opinion or Order Filing 1092 ORDER by Judge Dean D. Pregerson : granting 1091 Ex Parte Application for Order IT IS FURTHER ORDERED tht if the receiver ever believes that the prosecution costs might be likely to exceed the recovery from the reference action, the receiver shall promptly so notify this court and seek further instruction or orders. (yc, )
August 24, 2005 Filing 1091 EMERGENCY EX PARTE APPLICATION for issuance of Order for authorizing reciever to file and prosecute a lawsuit agsinst Thomas R Lamons; Declaration of David J. Pasternak. filed by receiver David J Pasternak. Lodged PROPOSED ORDER. (yc, )
August 24, 2005 Filing 1090 DECLARATION of David J Pasternak re documetn file under seal filed by Defendant PTD Partners LLC, Receiver David J Pasternak. (yc, )
August 22, 2005 Filing 1089 MINUTES by Judge Dean D. Pregerson :, RE: MOTION for Order for second claims report 1066 , MOTION for Order for approving settlement agreement with sulmeyer Kupetz purusant to federal rule of bankruptcy procedure 9019(a) and approving amendment to order granting motion to withdraw reference 1067 taken under submission.Court Reporter: Maria Bustillos. (yc, )
August 22, 2005 Opinion or Order Filing 1087 ORDER by Judge Dean D. Pregerson : granting 1070 Motion for Issuance is granted. The receiver is authorized to pay the following secured claims i the matter entitled In re Stone Canyon Bellagio previously transferred to this court to the order granting motion (1) Withdraw reference to transfer Bankruptcy case of stone canyon bellagion authorize transfer of funds and estabish administrative claims bar date fromt he funds in the Bankruptcy case. Los Angeles County TReasurer & Tax Collector in the amount of $14,419.98; Los Gator Tree Service in the amount of $16,010.00; Geosoils in the amount of $2,177.28; Sunny Slope Trees in the amount of $1,542.56; Project Engineering in the amount of $12,350.00. (see document for detials) (yc, )
August 22, 2005 Opinion or Order Filing 1086 ORDER by Judge Dean D. Pregerson, IT IS ORDERED,ADJUDGED AND DECREED that the motion is GRANTED; The settlement agreement and Mutual release (the agreement) attached hereto as Exhibit 1, is approved in its entirety. SulmeyerKupetz shall be entitled to an allowed claim having administrative priority in the amount of $50,000 which amount shall be payable after entry of this order in the absenceof a stay and/or timely notice of appeal. (see document for details)(yc, )
August 22, 2005 Opinion or Order Filing 1085 ORDER by Judge Dean D. Pregerson,approving receivers second claims report. IT IS HEREBY ORDERED that the receiver's second claims report is approved as presented, the Ronald B. Sanders Family Trust Claim is approved as a non-priority claim of the receivership Estate i the amount of $33,700, the Fred I. and Marilyn B Harley claim is approved as a non-priority claim of the receivership Estate in the amount of $229,732.07 all other Utah Investor claimants are deemed to be claimants of the Michael Fitzgerald Protective Committe Trust subject to the oversignt of Utah District Court Judge Paul G. Cassell and are not approved claimants of this receivership estate, and notice relating to the motion was adequate and proper. IT IS FURTHER ORDER that the receiver shall ot make any payments to any approved claimants at this time pending further order of this court. (yc, )
August 15, 2005 Filing 1084 Twenty - Eight Report filed by Receiver David J Pasternak. (yc, )
August 12, 2005 Filing 1083 NOTICE of Association of Counsel associating attorney Ernest Elijah Price on behalf of Intervenor RBC Mortgage Company of California. Filed by plaintiff/Intervenor RBC Mortgage (yc, )
August 11, 2005 Opinion or Order Filing 1082 ORDER by Judge Dean D. Pregerson, re MOTION to Dismiss defendants Judith Rebasz Glanchard, Marian Masters and Jan Van Orman 1073 (yc, )
August 8, 2005 Filing 1081 MINUTES by Judge Dean D. Pregerson :, RE: MOTION to Dismiss defendants Judith Rebasz Glanchard, Marian Masters and Jan Van Orman 1073 is grantedCourt Reporter: Maria Bustillos. (yc, )
August 8, 2005 Opinion or Order ORDER by Judge Dean D. Pregerson : granting 1073 Motion to Dismiss (yc, )
August 3, 2005 Opinion or Order Filing 1079 ORDER by Judge Dean D. Pregerson, IT IS HEREBY ORDERED that: Thr REceiver's emergency ex parte application is granted. The receiver is authorized to serve as a cosigner on an account that will hold approximately $1,000,000 of the sale proceeds pending resolution of disputes as to entitlement to such funds. (see document for detail)(yc, )
July 29, 2005 Opinion or Order Filing 1078 STIPULATION AND ORDER by Judge Dean D. Pregerson : It is so ordered and the hearing scheduled for 10/3/2005 at 11am is continued until 10/24/2005 at 11am before Honorable Dean D. Pregerson.(yc, )
July 29, 2005 Opinion or Order Filing 1077 STIPULATION AND ORDER: 1) To authorized the Receiver to hold and utilize funds from Maize and Schiff; and 2) Releasing Maize and Schiff from further claims by the Receiver, except tot he extent such claims are based on newly discovered documents or other evidence containing new or different facts not previously known to the Receiver: IT IS HEREBY STIPULATED by and between Lehman, RBC, Schiff, Maize and the Receiver that: 1) Within five (5) business days from the date the Stipulation is fully executed by the parties to this Stipulation: (a) Maize and Schiff shall each deliver the sum of $15,539.37 to the Receiver; and (b) the Receiver shall file this stipulation and request that the accompanying Order be signed by the Court. 2) Within thirty (30) days from the date this Court enters its order approving this Stipulation, Maize and Schiff shall each transmit an additional $15,539.37 to the Receiver. 3) In the event this Court does not enter its Order approving this Stipulation within twenty (20) days from the date of submission of same to the Court, the Receiver shall return the initial $15,539.37 paid by Maize and Schiff to each of them pending further order of this Court; Subject to paragraph 3 above, the $62,157.48 Maize and Schiff deliver of the Receiver pursuant to this Stipulation may be deposited by the Receiver in the Receivership general fund and, to the extent Lehman or RBC have any claims to said funds, said claims shall be asserted in the pending action (see document for further details). IT IS SO ORDERED by Judge Dean D. Pregerson. (jp, )
July 28, 2005 Filing 1080 EMERGENCY EX PARTE APPLICATION for Order for authorizing receiver to execute documents re sale of summitride drive development properties and to serve as co-signor of account holding partial proceeds of sale Lodged PROPOSED ORDER. (yc, )
July 21, 2005 Filing 1066 NOTICE OF HEARING RE RECEIVERS second claims report and application for issuance of order approving receivers second claim report. Declaration of David J. Pastenak; Memorandum of point and authorities filed by defendant David J Pasternak. Motion set for hearing on 8/22/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
July 20, 2005 Filing 1071 PROOF OF SERVICE filed by receiver David J Pasternak. re MOTION for Issuance of order (1)Authorizing receiver to pay unpaid secured claims in stone canyon Bellagio Bankruptcy case (2) Deeming unsecured Utah investor claimants in stone canyon Bellagio bankruptcy case as "Utah investor" 1070 , was served on 7/19/2005. (yc, )
July 20, 2005 Filing 1070 NOTICE OF MOTION AND MOTION for Issuance of order (1)Authorizing receiver to pay unpaid secured claims in stone canyon Bellagio Bankruptcy case (2) Deeming unsecured Utah investor claimants in stone canyon Bellagio bankruptcy case as "Utah investor" (3) Authorizing receiver to transfer and consolidate all remaining funds in stone canyon. (4) dismissing stone canyon Bellagion bankruptcy case filed by debtor and debtor in possession David J Pasternak. Motion set for hearing on 8/22/2005 at 10:00 AM before Honorable Dean D. Pregerson. (yc, )
July 20, 2005 Filing 1069 NOTICE OF MOTION AND MOTION to Appointed Receiver for issuance of an order authorizing receiver to file and prosecute avoidance action. filed by receiver David J Pasternak. Motion set for hearing on 8/22/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed order. (yc, )
July 20, 2005 Filing 1068 DECLARATION of David J Pasternak in support of re MOTION for Order for approving settlement agreement with sulmeyer Kupetz purusant to federal rule of bankruptcy procedure 9019(a) and approving amendment to order granting motion to withdraw reference 1067 filed by RECEIVER David J Pasternak. (yc, )
July 20, 2005 Filing 1067 NOTICE OF MOTION AND MOTION for Order for approving settlement agreement with sulmeyer Kupetz purusant to federal rule of bankruptcy procedure 9019(a) and approving amendment to order granting motion to withdraw reference filed by debtor and debtor in possession PTD Partners LLC(a limited liability company), David J Pasternak. Motion set for hearing on 8/22/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
July 15, 2005 Filing 1076 Twenty-Seventh Report filed by Receiver David J Pasternak. (ca, )
July 15, 2005 Filing 1075 DECLARATION of Suzanne M. Hankins in support of MOTION to Dismiss defendants Judith Rebasz Glanchard, Marian Masters and Jan Van Orman 1073 filed by plaintiff Lehman Brothers Bank FSB. (ca, )
July 15, 2005 Filing 1074 MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss defendants Judith Rebasz Glanchard, Marian Masters and Jan Van Orman 1073 filed by plaintiff Lehman Brothers Bank FSB. (ca, )
July 15, 2005 Filing 1073 NOTICE OF MOTION AND MOTION to Dismiss defendants Judith Rebasz Glanchard, Marian Masters and Jan Van Orman filed by plaintiff Lehman Brothers Bank FSB. Motion set for hearing on 8/8/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged Proposed Order. (ca, )
July 15, 2005 Opinion or Order Filing 1072 AMENDED ORDER by Judge Dean D. Pregerson Granting EX PARTE APPLICATION to Amend and reissue Nunc Pro Tunc the court's November 3, 2004 order granting the receiver's motion to enter into a joint prosecution and confidentiality agreement 1064 . (ca, )
July 12, 2005 Filing 1065 DECLARATION of David S. Reidy re Local Rule 7-19.1 re EX PARTE APPLICATION to Amend/Correct 1064 filed by receiver David J Pasternak. (twdb, )
July 12, 2005 Filing 1064 EX PARTE APPLICATION to Amend and Reissue Nunc Pro Tunc the court's 11/3/04 order granting the receiver's motion to enter into a joint prosecution and confidentiality agreement filed by receiver David J Pasternak. Lodged Proposed order. (twdb, )
July 8, 2005 Motions No Longer Referred: EX PARTE APPLICATION for Order 1063 (lm, )
June 30, 2005 MOTIONS EX PARTE APPLICATION for Order 1063 REFERRED to Judge Dean D. Pregerson. (yc, )
June 20, 2005 Filing 1063 EMERGENCY EX PARTE APPLICATION for Issuance of Nunc Pro Tunc Order Authorizing Receiver to File and Prosecute Lawsuit against Prudential Realty Inc., Etc.; Declaration of David J. Pasternak filed by receiver David J Pasternak. Lodged Order. (jp, )
June 14, 2005 Opinion or Order Filing 1062 ORDER by Judge Dean D. Pregerson, IT IS HEREBY ORDERED the receiver's filing of the action now designated as this court's case no SACV05-351-DDP is approved and ratified and the receiver is authorized to prosecute that action. IT IS FURTHER ORDERED that if the receiver ever believes that the recovery from the referenced action might be likely to exceed prosecution costs, the receiver shall promptly so notify this court and seek further instruction or orders. (yc, )
June 13, 2005 Filing 1061 26th Report of receiver (dmjr, )
June 3, 2005 Filing 1060 MANDATE of 9th CCA filed as to Appeal to Circuit Court 576 , CCA # 04-56186. The appeal is dismissed. Mandate received in this district on 06/06/05. (cbr, )
May 24, 2005 Filing 1059 NOTICE of Change of Address by attorney James R Evans, Jr for Defendant Garrett Kreditor, changing address to 555 South Flower, Street, forty first floor, Los Angeles CA 90071,. Filed by defendant (yc, )
May 19, 2005 Filing 1058 Substitution of Attorney filed. Gregory Van Orman in place and stead of attorney Gary W Nevers and Michael S Wildermuth by Judge Dean D. Pregerson. (yc, )
May 18, 2005 Opinion or Order Filing 1056 ORDER APPROVING IN PART RECEIVER FIRST CLAIMS REPORT AND SETTING SCHEDULE TO HEAR OBJECTIONS by Judge Dean D. Pregerson: Based on the foregoing, the Court approves the Receiver first claims report, as supplemented, for the claims that have not been objected to. Therefore, the claims submitted are approved and rejected as proposed by the Receiver, with the exception of the claims of the Kreditor/Bluth Group, Gre Van Orman, RBC, and Leham. The priorities recommended by the Receiver (i.e., to the extent that funds are available, first the approved tenant claims shall be paid in full; then approved employee claims shall be paid in full; then approved tax claims shall be paid in full; and then all other approved claims of Richard Ormond). If sufficient funds are not available to fully pay the category of claims then being paid, the available fund shall be divided pro rata among all approved claims in that category of claims. The Receiver shall not make any distribution to any approved claimant that totals less than $25.00. No further late claims shall be accepted. The Receiver shall not make any payments to any approved claimants at this time, pending further order of this Court. As indicated above, a hearing on the objecting claimants objections to the Receiver recommendations is scheduled for Monday, October 3, 2005 at 11:00 AM. IT IS SO ORDERED.(jp, )
May 16, 2005 PLACED IN FILE - NOT USED re (proposed order approving receiver's first claim report submitted by defendants David J Pasternak. (yc, )
May 16, 2005 Filing 1055 MINUTES by Judge Dean D. Pregerson : application for issuance of order approving receiver's first claims report is taken under submission. Court Reporter: Maria Bustillos. (yc, )
May 13, 2005 Filing 1057 Twenty-Fifth Report filed by Receiver David J Pasternak. (yc, )
May 10, 2005 Filing 1054 SUPPLEMENT proof of service list of reciever's Reply to opposition to receiver's first claims report; Declaration of David J Pasternak and Mark A Abrams. 1052 , filed by Receiver David J Pasternak. (yc, )
May 9, 2005 Filing 1053 RESPONSE filed by Intervenor RBC Mortgage Company of California to opposition to receiver's applicaiotn for issuance of order approving receiver's first claims report. (yc, )
May 9, 2005 Filing 1052 REPLY filed by Receiver David J Pasternak to opposition to receiver's first claims rport: Declaration of David J Pasternak and Mark A Abrams. (yc, )
May 5, 2005 Filing 1051 OBJECTIONS to receivers' first claims report filed by Defendant Jan Van Orman. (yc, )
May 2, 2005 Filing 1050 DECLARATION of Eoin L. Kreditor in opposition to receiver application for issuance of order approving receivers first claims report. (yc, )
May 2, 2005 Filing 1049 OPPOSITION TO RECEIVERS application for issuance of order approving receiver's first claims report; Memorandum of points and authorites filed by creditors Cleo A Bluth, Growth Capital Partners, Ed Schultz Living Trust Terry Schultz, Donald McCredit, Grarett Kreditor and Eoin Kreditor. (yc, )
May 2, 2005 Filing 1048 DECLARATION of Garrett Kreditor in opposition to re APPLICATION 589 filed by creditors Garrett Kreditor. (yc, )
May 2, 2005 Filing 1046 SUPPLEMENT to receivers first claims report filed by Receiver David J Pasternak. (ca, )
April 29, 2005 Filing 1047 NOTICE of issuance of order by United States Court for the District of Utah approving Michael J. Fitzgerald's settlement agreement, appointing Utah receiver to oversee operation of Michael J. Fitzgerald Protective Committee Trust filed by receiver David J Pasternak. (ca, )
April 18, 2005 PLACED IN FILE - NOT USED re (proposed) order granting motion submitted by Receiver David J Pasternak. (yc, )
April 15, 2005 Filing 1044 NOTICE of Hearing on Motion filed by Receiver David J Pasternak regarding first claims report and applicaton for issuance of order approving receiver's fist claims report; Declaration of David J Pasternak; Memorandum of points and authorites. Motion set for hearing on 5/16/2005 at 10:00 AM before Honorable Dean D. Pregerson. (yc, ) LODGED ORDER
April 14, 2005 Filing 1042 Report of twenty-fourth filed by Receiver David J Pasternak. (yc, )
April 12, 2005 Opinion or Order Filing 1041 ORDER by Judge Dean D. Pregerson : granting 1014 Motion for Order. This court furhter orders that any and all communications between the receiver appointed by the court in this case and any receiver appointed in the ancilary receiverhsip currenlty pending inthe Utah Court as case number 2:03-cv-612 and any and all communication between either of these professional or employees retained by or working for either of them (see document) shall be privileged communications and notice relating to the motion was adequate. (yc, )
April 12, 2005 Opinion or Order Filing 1040 ORDER by Judge Dean D. Pregerson : granting 1025 Motion for Settlement. Abstract of judgment in favor of plaintiff C.R. Company Inc dba Colorhouse against defendant Herb Abrams recorded on 11/8/2003 as instrument no 93-2186081. (see document for details) (yc, )
April 11, 2005 Filing 1043 MINUTES by Judge Dean D. Pregerson :, RE: MOTION to Transfer Case MOTION to Withdraw MOTION to Withdraw MOTION to Withdraw 1024 ; Motion to authorize receivere to enter into stipulation; Moton to authorize to entere in settlement agreement, TAKES THE MATTERS UNDER SUBMISSION.Court Reporter: Not Available. (yc, )
April 4, 2005 Filing 1039 REPLY TO LIMITED OBJECTION TO MOTION to Withdraw Reference to Transfer Bankruptcy to Case of Stone Canyon Bellagio 1024 filed by Receiver David J Pasternak. (yl, )
March 30, 2005 Filing 1038 NOTICE of Change of Address by attorney Shannon H Farrell for Defendant Vic Whitsett, changing Firm Address, Telephone Number and Facsimile Number to 114 Pacifica Suite 150, Irvine, CA. 92618-3326. Filed by Defendant Vic Whitsett (yl, )
March 30, 2005 FAX number for Attorney H Daniel Fuller is 949-450-0650. (yl, )
March 28, 2005 Filing 1037 CERTIFICATION of Interested Parties filed by Debtor and Debtor in Possession. (yc, )
March 28, 2005 Filing 1036 LIMITED OBJECTION OF STONE CANYON BELLAGIO re MOTION to Transfer Case MOTION to Withdraw MOTION to Withdraw MOTION to Withdraw 1024 filed by Debtor and Debtor in Possession Stone Canyon Bellagio LLC. (yc, )
March 28, 2005 Filing 1035 PROOF OF SERVICE filed by Receiver David J Pasternak regarding Notice of motion was served on 3/18/2005. (yc, )
March 25, 2005 Filing 1034 NOTICE of taking depostion of Kenneth R Tuurkenette and request for production of documents filed by receiver David J Pasternak. (yc, )
March 25, 2005 Filing 1033 NOTICE of abandonment of all interest in idaho timeshare filed by receiver David J Pasternak. (yc, )
March 22, 2005 Filing 1032 DECLARATION of Herbert I Abrams filed by Receiver David J Pasternak. (yc, )
March 18, 2005 Filing 1029 SUPPLEMENT TO MOTION TO AUTHORIZE re MOTION for Settlement 1025 filed by Receiver David J Pasternak. (yc, )
March 17, 2005 Filing 1031 PROOF OF SERVICE filed by receiver David J Pasternak. re MOTION for Settlement 1025 , was served on 3/17/2005. (yc, )
March 17, 2005 Filing 1028 REQUEST FOR JUDICIAL NOTICE re MOTION to Transfer Case MOTION to Withdraw MOTION to Withdraw MOTION to Withdraw 1024 filed by receiver David J Pasternak. (yc, )
March 17, 2005 Filing 1027 DECLARATION of J. Alexandra Rhim in support of re MOTION to Transfer Case MOTION to Withdraw MOTION to Withdraw MOTION to Withdraw 1024 filed by Court appotinted Receiver David J Pasternak. (yc, )
March 17, 2005 Filing 1026 DECLARATION of David J Pasternak in support of re MOTION to Transfer Case MOTION to Withdraw MOTION to Withdraw MOTION to Withdraw 1024 filed by court appointed receiver David J Pasternak. (yc, )
March 17, 2005 Filing 1025 NOTICE OF MOTION AND MOTION for an order authorizing the reciver the enter into a Settlement Agreement with defendant Michael J. Fitzgerald, and Trustee Robert Jinks, to resolve all outstanding issues between the Receivership Estate and Fitzerald in the above entitled action and also to resolve the related lawsuit in this court entitled David J Pasternak as receiver. filed by Receiver PTD Partners LLC, David J Pasternak. Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged ORDER. (yc, )
March 17, 2005 Filing 1024 NOTICE OF MOTION AND MOTION for an order withdrawing the reference pursuant to 11 USC 157(d) and Fedeal rule of Bankruptcy Procedure 5011 (a) transferring the bankruptcy case of Stone Canyon Bellagio pending the Honorable Barry Russell in the Central District of California (bankdrupty case no LA03-40185-BR ane herinafter the Bankruptcy case ) to this court. filed by Receiver David J Pasternak. Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged ORDER. (yc, )
March 17, 2005 Filing 1023 MINUTES by Judge Dean D. Pregerson : Resetting as to MOTION for Order 1014 . Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Dean D. Pregerson.Court Reporter: None Present. (yc, )
March 11, 2005 Filing 1030 TWENTY-THIRD REPORT filed by Receiver David J Pasternak. (yc, )
March 9, 2005 Opinion or Order Filing 1021 ORDER by Judge Dean D. Pregerson that the Court considered the Notice of Motion and Motion to seek clarification of order confirming appointment of permand receiver 1005 , the Court appointed Receiver in the above entitled action. Having read and considered the pleadings and arguments submitted in connection with this matter, and in view of the Court prior May 8, 003 Order Confirming Appointment of Receiver, Etc. (the "Conforming Order"), this Court now issues the following clarifying order: Paragraph 8(a) of the Confirming Order shall be clarified to read as follows: "Take possession, custody and control of the Receivership Defendants and their assets in trust for the benefit of the Receivership Estates creditors; preserve, maintain and enhance the value of the Receivership Defendants and care for, operate, and maintain the business of the Receivership Defendants. IT IS SO ORDERED. (jp, )
March 9, 2005 Opinion or Order Filing 1020 ORDER by Judge Dean D. Pregerson that Ex Parte Application for issuance of an order authorizing the receiver to collect property tax refunds 1011 , hereby rules as follows: The Receiver is the Administrator of all real properties formerly in the Receivership Estate, as the term "Administrator" is used in California Revenue and Taxation Code Section 5097(a)(1); As the Administrator of the real properties formerly in the Receivership Estate, the Receiver may properly make a claim for any real property tax refund owing on any such real property during the times when those real properties were owned by any receivership defendant or straw buyer (as further detailed in the Real Property Chart attached as Exhibit 4 to the Declaration of Richard P. Ormond), and where the refund is based upon a reduction in th ebase value of that property by any county Assessor; and The Receiver is authorized to collect any real property tax refund owing on any real property, formerly in the Receivership Estate, subject to further Order of this Court. (jp, )
March 7, 2005 Filing 1018 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson:Court hears oral argument and takes the matter under submission Court Reporter: Maria Bustillos. (jc, )
March 1, 2005 Filing 1022 Substitution of Attorney filed. Substituting attorney Stephen D Miller for Joseph Babajian in place and stead of Anthony Michael Glassman by Judge Dean D. Pregerson. (yc, )
March 1, 2005 Opinion or Order Filing 1019 ORDER by Judge Dean D. Pregerson granting 1010 Ex Parte Application to Extend the Claims Report Due date from March 1, 2005 to April 15, 2005, hereby rules as follows: The Receiver Claims Report is due and shall be filed and served on or before April 15, 2005; and Notice of this Application was adequate. NO FURTHER CONTINUANCES OF EXTENSIONS OF TIME WILL BE GRANTED. (jp, )
February 25, 2005 Filing 1017 DECLARATION of David J Pasternak in support of re EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File 1010 filed by Court appointed receiver David J Pasternak. (yc, )
February 25, 2005 Filing 1016 DECLARATION of Richard P Ormond re loccal rule 7-19 re EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File 1010 filed by court approinted receiver David J Pasternak. (yc, )
February 25, 2005 Filing 1013 DECLARATION of Richard P Ormond in support of re EX PARTE APPLICATION for Order 1011 filed by court appointed receiver David J Pasternak. (yc, )
February 25, 2005 Filing 1012 DECLARATION of David S Reidy re Local Rule 7-19 re EX PARTE APPLICATION for Order 1011 filed by Court-Appointed Receiver David J Pasternak. (yc, )
February 25, 2005 Filing 1011 EX PARTE APPLICATION for issuance of an order authorizing the receiver to collect property tax refunds filed by court-appointed receiver David J Pasternak. Lodged ORDER. (yc, )
February 25, 2005 Filing 1010 EX PARTE APPLICATION TO EXTEND DATE FROM 3/1/2005 TO 4/15/2005 FOR THE RECEIVER TO FILE HIS CLAIMS REPORT. filed by Receiver David J Pasternak. Lodged ORDER. (yc, )
February 24, 2005 Filing 1015 DECLARATION of David J Pasternak in support re MOTION for Order 1014 filed by Receiver David J Pasternak. (yc, )
February 24, 2005 Filing 1014 NOTICE OF MOTION AND MOTION to authorize receiver to enter into (a) stipulation re resolution of outsanding claims against funds (s)Stipulation re resolution of Mark and Peggy abrams filed by Receiver David J Pasternak. Motion set for hearing on 3/21/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
February 17, 2005 Filing 1009 NOTICE of amendment of receiver's twenty second report filed by receiver David J Pasternak. (yc, )
February 11, 2005 Filing 1008 Twenty-Second report filed by Receiver David J Pasternak. (yc, )
February 8, 2005 Filing 1007 PROOF OF SERVICE filed by receiver David J Pasternak. re MOTION to Certify 1005 , Declaration (Motion related) 1006 , was served on 2/8/2005. (yc, )
February 8, 2005 Filing 1006 DECLARATION of David J Pasternak in support of re MOTION to Certify 1005 filed by Receiver David J Pasternak. (yc, )
February 8, 2005 Filing 1005 NOTICE OF MOTION AND MOTION to seek clarification of order confirming appointment of permand receiver. filed by Receiver David J Pasternak. Motion set for hearing on 3/7/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged PROPOSED ORDER. (yc, )
January 19, 2005 Filing 1004 TWENTY-FIRST Report filed by Receiver David J Pasternak. (yc, )
January 10, 2005 Filing 1003 NOTICE OF ISSUANCE OF ORDER MODIFYING REMOVAL AND STAY ORDER OF RELATED MATTER. filed by receiver David J Pasternak. (yc, )
January 5, 2005 Filing 1002 RECEIVER TWENTIETH REPORT filed. (yc, )
December 22, 2004 Opinion or Order Filing 1001 NOTICE OF DISMISSAL PURSUANT RULE 41(A)OR (C) frcp IT IS SO ORDERED by Judge Dean D. Pregerson,, Joseph Babajian (without prejudice) and Kyle Grasso (without prejudice) terminated.(yc, )
December 17, 2004 Filing 1000 REQUEST for Clerk to Enter Default against Federal court receiver David J Pasternak, (yc, )
December 17, 2004 Filing 999 REQUEST for Clerk to Enter Default against defendant Barbara Markman (yc, )
December 17, 2004 Filing 998 MINUTES by Judge Dean D. Pregerson : Court conducts settlement conference, Parties reach a tentative resolution. Court Reporter: None Present. (yc, )
December 15, 2004 Filing 997 RECEIVER'S SPECIAL REPORT filed by Receiver David J Pasternak. (shb, )
December 13, 2004 Opinion or Order Filing 996 NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, the letter received 12/6/04 is not to be filed, but instead rejected, and is ordered returned to counsel because letter format, Local Rule 83..2.11(shb, )
December 13, 2004 Opinion or Order Filing 995 MINUTES IN CHAMBERS ORDER by Judge Dean D. Pregerson : COUNSEL ARE NOTIFIED that the APPLICATION for Leave to File Supplemental Declaration of Mark Abrams 992 is hereby DENIED.Court Reporter: none present. (rl, )
December 13, 2004 PLACED IN FILE - NOT USED re supplemental declaration of Mark Abrams submitted by Intervenors Harold Jasper, Harriet Jasper. (rl, )
December 13, 2004 PLACED IN FILE - NOT USED re [proposed ] order granting the Jaspers' application for leave to file supplemental declaration of Mark Abrams submitted by Intervenors Harold Jasper, Harriet Jasper. (rl, )
December 9, 2004 Opinion or Order Filing 994 ORDER DENYING MOTION by Judge Dean D. Pregerson : IT IS SO ORDERED The Court denies the Jaspers' motion. The parties have indicated a willingness to enter into mediation on their claims. If the mediation fails to resolve the issues, the Court will set a schedule to permit discovery and the resolution of the claims (see document for further details).denying 974 Motion for Order (rl, )
December 6, 2004 Filing 993 MINUTES before Judge Dean D. Pregerson: MOTION to Require the Receiver to turn over maple drive proceeds to Harold and Harrit Jasper 974 (Filed on 11/15/2004). Court hears oral argument and takes the matter UNDER SUBMISSION. The Court set a LOCAL RULE 16-14.4 Settlement Conference for 12/17/2004 09:00 AM. Court Reporter: Sandra Becerra. (jp, )
December 3, 2004 Filing 992 APPLICATION for Leave to File supplemental declaration of Mark Abrams; Declaration of William O Fleischman. filed by Intervenors Harold Jasper -, Harriet Jasper -. Lodged PROPOSED ORDER AND DECLARATION. (yc, )
November 29, 2004 Filing 991 REPLY to opposition of Kim/Markman filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 29, 2004 Filing 990 REPLY to opposition of Brockman and receiver to MOTION for Order 974 filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 23, 2004 Filing 987 PROOF OF SERVICE filed by receiver David J Pasternak. re 984 Response in Opposition to Motion, was served on 11/22/04. (yc, )
November 23, 2004 Filing 986 NOTICE of hearing time change regarding motion to turn over maple drive proceeds filed by Intervenor Charles Jansen, Harold Jasper -, Harriet Jasper -. (yc, )
November 23, 2004 Filing 985 DECLARATION of David J Pasternak in support of opposition to Jaspers re MOTION 974 filed by Receiver David J Pasternak. (yc, )
November 23, 2004 Filing 984 OPPOSITION to MOTION 974 filed by Receiver David J Pasternak. (yc, )
November 22, 2004 Filing 989 OBJECTIONS to evidence submitted in support of Motion to Require Receiver to Turn Over Maple Drive Proceeds to Harold and Harriet Jasper 974 filed by Third Party Secured Creditor Lawrence A Brockman. (ir, )
November 22, 2004 Filing 988 OPPOSITION to motion to require Receiver to turn over Maple Drive Proceeds to Harold and Harriet Jasper 974 filed by Third Party Secured Creditor Lawrence A Brockman.; Memorandum of Points and Authorities in support thereof. (ir, )
November 22, 2004 Filing 983 EVIDENTIARY OBJECTIONS TO DECLARATION OF MARK ABRAMS submitted in support of re MOTION for Order 974 filed by Movants Steve Y Kim, Barbara Markman, Melvin Markman. (yc, )
November 22, 2004 Filing 982 OPPOSITION to MOTION 974 filed by Parties/trustee Steve Y Kim, Barbara Markman, Melvin Markman. (yc, )
November 19, 2004 Filing 981 RECEIVER'S Report of nineteenth filed by Receiver David J Pasternak. (yc, )
November 15, 2004 Filing 980 PROOF OF SERVICE filed by Intervenors Harold Jasper -, Harriet Jasper -. re 976 Declaration (Motion related), 977 Declaration (Motion related), 978 Declaration (Motion related), 979 Declaration (Motion related), 974 MOTION for Order, Placed in file - not used, 975 Memorandum in Support of Motion, was served on 11/12/2004. (yc, )
November 15, 2004 Filing 979 DECLARATION of Herbert I Abrams re MOTION for Order 974 filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 15, 2004 Filing 978 DECLARATION of Mark Abrams re MOTION for Order 974 filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 15, 2004 Filing 977 DECLARATION of Peggy Abrams re MOTION for Order 974 filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 15, 2004 Filing 976 DECLARATION of Harold Jasper re MOTION for Order 974 filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 15, 2004 Filing 975 MEMORANDUM of points and authorities in Support of MOTION for Order 974 filed by Intervenors Harold Jasper -, Harriet Jasper -. (yc, )
November 15, 2004 Filing 974 NOTICE OF MOTION AND MOTION for the issuance of an order requiring the Receiver, David J Pasternak, to turn over to them the net proceeds from the sale of the two residences at 624 and 626 Maple Drive. filed by Intervenors Harold Jasper -, Harriet Jasper -. Motion set for hearing on 12/6/2004 at 10:00 AM before Honorable Dean D. Pregerson. (yc, )
November 15, 2004 Opinion or Order Filing 973 ORDER by Judge Dean D. Pregerson, GRANTING IN PART AND DENIED IN PART Ex Parte Application for Order, 501 The Court approves the terms of the settlemetn agreement and perform the terms therein. (yc, )
November 15, 2004 PLACED IN FILE - NOT USED re PROPOSED ORDER AUTHORIZIN RECEIVER TO enter into settlement submitted by Receiver David J Pasternak. (yc, )
November 12, 2004 Filing 972 LIMITED OPPOSITION by Scapa and Associates, Incorporated to the Receivers Emergency EX PARTE APPLICATION for Issuance of Order Authorizing Receiver to 1)enter into settlement agreement with Brian Hansen; and 2)enter into settlement agreement with Scapa and Associates 968 (rl, )
November 10, 2004 Filing 971 PROOF OF SERVICE filed by Receiver David J Pasternak. re 968 EX PARTE APPLICATION for Order, 969 Declaration (Motion related), 970 Declaration (Motion related) et al, was served on 11/10/04. (rl, )
November 10, 2004 Filing 970 DECLARATION of David J Pasternak in support of Emergency EX PARTE APPLICATION for Order 968 filed by Receiver David J Pasternak. (rl, )
November 10, 2004 Filing 969 DECLARATION of Richard P Ormond re LR 7-19 968 filed by Receiver David J Pasternak. (rl, )
November 10, 2004 Filing 968 EMERGENCY EX PARTE APPLICATION for Issuance of Order Authorizing Receiver to 1)Enter into settlement agreement with Brian Hansen; and 2)enter into settlement agreement with Scapa and Associates filed by Receiver David J Pasternak. Lodged order. (rl, )
November 5, 2004 Filing 967 ANSWER to first Amended Complaint 72 with demand for jury trial filed by defendant David Stephen Eisenberg.(yc, )
November 5, 2004 Opinion or Order Filing 966 STIPULATION AND ORDER by Judge Dean D. Pregerson : setting aside Clerks Entry of Default (CV-37) #638 as to Defendant David Stephen Eisenberg only.(shb, )
November 3, 2004 Opinion or Order Filing 965 ORDER by Judge Dean D. Pregerson, re MOTION for Order 943 graned in part and denied in part. The court denies the receiver's motion to increase his compensation. (see document for details)(yc, )
November 3, 2004 Opinion or Order Filing 964 ORDER by Judge Dean D. Pregerson, re MOTION for Order 943 denied. (yc, )
November 2, 2004 PLACED IN FILE - NOT USED re proposed order authorizing to enter into settlement submitted by court appointer receiver David J Pasternak. (yc, )
November 1, 2004 Filing 963 MINUTES: Plaintiff's motion to modify orders appointing receiver in support of Lehman Brothers Bank, FSB (filed on 9/17/04) Receiver's motion for issuance of order authorizing receiver t:.. (filed on 10/4/04) Judge Dean D. Pregerson :Court Reporter: Beth Esther Zaccaro. (bp, )
November 1, 2004 Filing 962 notice of Interested Parties filed by Defendant David Stephen Eisenberg. (yc, )
October 26, 2004 Opinion or Order Filing 961 STIPULATION AND ORDER by Judge Dean D. Pregerson :authorizing reciever to enter into a settlement agreement with Shawna Fitzgerald on behalf of the receivership estate. GOOD CAUSE APPEARING: The settlement applies to Fitzgerald's secured claims, A second claim shall be defined as any claim to an ownership interest in the propty located at 5843 Arrowhead Lake Road, Hesperia California. (see file for details). The parties respresnet that the receiver has made a preliminary payment to Fitzgerald of $12,000 to facilitate her move out of property. The receiver shall waive any right or claim of the receivership estate to any monies (including any retainer) paid by Fitzgerald to the law firm of Melby & Anderson up to but not exceed $3,837.50. The receiver shall pay Fitzgerald $40,000 within 14 days to execution of this settlement provided that Fitzgerald complies with all of the terms herein. (see file for more details)(yc, )
October 26, 2004 Opinion or Order Filing 960 ORDER by Judge Dean D. Pregerson, re authorizing receiver to sell 2107 Stradella Road, Los Angeles Califonia 90077-2324 Real property free and clear of all liens and interests an dcanceling prior escrow to sell 2107 Stradella Road Real Property. 948 IT IS ORDERED, ADJUDGED AND DECREED. The receiver is hereby authorized to sell the Real Property known as 2107 Stradella Road Los Angeles for $1,050.000. The deed of trust originally in favor or New Century Title Co. dba Americorp the beneficial interest of which has since transferred to Mortgage Electronic Registration Systmen in the original amount of $1,425,000. The closing of the sale shall take place no later than 30 days after entry of this order pursuant to the sale agreement unless otherwise agreed by the receiver. (see file for details) (yc, )(yc, )
October 26, 2004 Opinion or Order Filing 959 ORDER by Judge Dean D. Pregerson, re authorizing receiver to sell 2275 N. Pratt Road Jackson, wyoming Real propoerty and specified personal property free and clear of all liens and interests. 948 IT IS ORDERED, ADJUDGED AND DECREED that The real property commonly known as 2275 N Pratt Road, Jackson Wyoming. is properly including within this receivership estate and may be sold pursuant to order of this court by the receiver. The receiver is hereby authorized to sell the Real Property together with the specified personal property for the sum of $3,475,000. (see file for details) (yc, )
October 22, 2004 Filing 958 REPLY MEMORANDUM in support of MOTION to modify orders appointing Receiver 943 filed by plaintiff Lehman Brothers Bank FSB. (jp, )
October 22, 2004 Filing 957 OPPOSITION to receiver APPLICATION to Vacate sale to Efros and Resale to a new buyer re 2107 Stradella Road, Los Angeles, California filed by Angela Efros David Stephen Eisenberg. (jp, )
October 19, 2004 Filing 956 RECEIVER'S Eighteeneth Report. (sv)
October 18, 2004 Filing 955 OPPOSITION to MOTION for Order 943 filed by receiver David J Pasternak. (yc, )
October 15, 2004 Filing 954 DECLARATION of Loraine P. Eber in opposition to receiver's re MOTION for Order 948 filed by plaintiff Lehman Brothers Bank FSB. (yc, )
October 15, 2004 Opinion or Order Filing 952 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dean D. Pregerson ORDERING Notice of application, proposed hill estate order, proposed order submitted by Receiver David J Pasternak received on 10/14/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(yc, )
October 14, 2004 Filing 953 NOTICE OF APPLICATION and receiver's application for issuance of orders authorizing receiver to sell: filed by receiver David J Pasternak. (yc, )
October 6, 2004 Filing 951 MINUTES held before Judge Dean D. Pregerson : 948 MOTION for Order. Motion set for hearing on 11/1/2004 at 10:00 AM before Honorable Dean D. Pregerson.Court Reporter: None Present. (yc, )
October 4, 2004 Filing 950 DECLARATION of David J Pasternak in support of re MOTION for Order 948 filed by Court Appointed Receiver David J Pasternak. (yc, )
October 4, 2004 Filing 949 PROOF OF SERVICE filed by Receiver David J Pasternak. re 948 MOTION for Order, was served on 10/4/04. (yc, )
October 4, 2004 Filing 948 NOTICE OF MOTION AND MOTION for Order authorizing the Receiver to: (1) Enter into a settlement regarding the receivership Estate's Interest in the Real Property (2) to enter into joint prosecution and confidentiality agreement with plaintiff Lehman Brohters Bank, FSB and Intervenor RBC Mortgage Company of California Ind (3) to Divide $15,000 Erica Bastiaans Notary bond Recovery with plaintiff Lehman Brothers Bank, FSB and Intervenor RBC Mortgage Company of California Inc (4) to increase Receiver's compensation retroactive to January 1,2004 to $400 per hours. filed by RECEIVER David J Pasternak. Motion set for hearing on 11/1/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged order. (yc, )
September 21, 2004 Filing 947 AMENDED Notice of MOTION for Order 943 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
September 21, 2004 Filing 946 NOTICE OF ERRATA filed by Plaintiff Lehman Brothers Bank FSB. correcting MOTION for Order 943 (pj, )
September 17, 2004 Filing 945 DECLARATION of LAURA GRECO in support re MOTION for Order 943 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
September 17, 2004 Filing 944 POINTS AND AUTHORITIES in support re MOTION for Order 943 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
September 17, 2004 Filing 943 NOTICE OF MOTION AND MOTION to modify orders appointing Receiver in support of Lehman Brothers Bank FSB filed by plaintiff Lehman Brothers Bank FSB. Motion set for hearing on 10/18/2004 at 10:00 AM before Honorable Dean D. Pregerson. (pj, )
September 17, 2004 Filing 942 SEVENTEENTH REPORT filed by Receiver David J Pasternak. (pj, )
September 3, 2004 Opinion or Order Filing 941 ORDER by Judge Dean D. Pregerson : granting in part and denying in part 896 Motion for Attorney Fees. The Court GRANTS defendant Abrams fees motion and orders that the Receiver disburse $77,611 to the law firm, Hochman Salkin Rettig, Toscher and Perez, P C in payment of legal fees and expenses (pj, )
August 31, 2004 Opinion or Order Filing 940 ORDER by Judge Dean D. Pregerson : DENYING 904 Brockman Order to Show Cause why the Receivers should not be held in contempt (pj, )
August 31, 2004 Opinion or Order Filing 939 ORDER by Judge Dean D. Pregerson : granting in part and denying in part 897 Receivers Omnibus Motion (pj, )
August 23, 2004 Opinion or Order Filing 937 ORDER from 9th CCA filed as to Appeal to Circuit Court, 576 , CCA # 04-56186. Order received in this district on 8/26/04. A settlement assessment conference will be held by telephone on 9/21/04, at 1:30 p.m. Pacific (San Francisco) time. (weap, )
August 23, 2004 Filing 936 RECEIVERS SIXTEENTH REPORT (el, )
August 23, 2004 Filing 935 PROCEEDINGS: THIRD PARTY SECURED CREDITOR LAWRENCE A BROCKMANS APPLICATION FOR ISSUANCE OF ORDER TO SHOW CAUSE WHY RECEIVER DAVID J PASTERNAK SHOULD NOT BE HELD IN CONTEMPT; MOTION BY DEFENDANT MARK ABRAMS FOR ATTORNEYS FEES; RECEIVERS OMNIBUS MOTION. Court hears oral argument and takes the matter under submission. Court Reporter: Beth Esther Zaccaro. (el, )
August 20, 2004 Filing 938 Substitution of Attorney filed. By Timothy M Holland in place and stead of attorney Mark A Byrne by Judge Dean D. Pregerson. (el, )
August 20, 2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER GRANTING DEFENDANT MARK ABRAMS MOTION FOR ATTORNEYS FEES submitted by Defendant (el, )
August 20, 2004 PLACED IN FILE - NOT USED re [PROPOSED ORDER TO SHOW CAYSE SHY RECEIVER DAVID J PASTERNAK SHOULD NOT BE HELD IN CONTEMPT (el, )
August 20, 2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER GRANTING RECEIVES OMNIBUS MOTION submitted by Receiver Pasternak (el, )
August 19, 2004 Filing 934 SURREPLY OF DEFENDANT REGARDING HOMESTEAD EXEMPTION filed by Defendant Peggy Abrams - (pj, )
August 18, 2004 Filing 933 DECLARATION of WILLIAM O FLEISCHMAN IN SUPPORT re MOTION for Attorney Fees 896 filed by Intervenors Harold Jasper -, Harriet Jasper -. (pj, )
August 16, 2004 Filing 932 REPLY to oppositions with resepect to his MOTION for Attorney Fees 896 filed by defendant Mark Abrams. (pj, )
August 16, 2004 Filing 931 SUPPLEMENTAL DECLARATION of HERBERT I ABRAMS 897 filed by Receiver David J Pasternak. (pj, )
August 16, 2004 Filing 930 SUPPORTING DECLARATION of RICHARD P ORMOND 897 filed by Receiver David J Pasternak. (pj, )
August 16, 2004 Filing 929 DECLARATION of GARY TATAR 897 filed by Receiver David J Pasternak. (pj, )
August 16, 2004 Filing 928 REPLY TO OPPOSITIONS TO RECEIVER OMNIBUS MOTION 897 filed by Receiver David J Pasternak. (pj, )
August 13, 2004 Filing 926 REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt 904 filed by Third Party Secured Creditor Lawrence A Brockman. (pj, )
August 13, 2004 Filing 925 OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF RECEIVERS OPPOSITION to re APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt 904 filed by Third Party Secured Creditor Lawrence A Brockman. (pj, )
August 10, 2004 Filing 924 SUPPLEMENTAL DECLARATION of RICHARD P ORMOND IN SUPPORT OF OPPOSITION to Brockman APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt 904 filed by Receiver David J Pasternak. (pj, )
August 9, 2004 Filing 1293 OBJECTIONS of Declarations of David J Pasternak and Mark Abrams in support re: OMNIBUS MOTION 897 filed by Interested Parties Barbara Markman, Melvin Markman, Steve Y Kim. (pj)
August 9, 2004 Filing 1292 DECLARATION of DAVID J PASTERNAK IN SUPPORT OF OPPOSITION TO THIRD PARTY LAWRENCE A BROCKMAN'S APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt 904 filed by Receiver David J Pasternak. (pj)
August 9, 2004 Filing 927 PROOF OF SERVICE filed by Receiver PTD Partners LLC, David J Pasternak. Receiver opposition to third party Lawrence A Brockmans application, Declaration of Michael L Wachtell was served on 8/9/04. (pj, )
August 9, 2004 Filing 923 DECLARATION of LORAINE P EBER IN OPPOSITION TO PORTIONS OF RECEIVERS OMNIBUS MOTION 897 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
August 9, 2004 Filing 922 RESPONSE TO RECEIVERS OMNIBUS MOTION 897] filed by Pro Per Peggy Abrams -. (pj, )
August 9, 2004 Filing 921 OPPOSITION to Receivers MOTION disbursing of segregated funds obtainedd from sale of 624 and 626 No 897 filed by Third Party Secured Creditor Lawrence A Brockman. (pj, )
August 9, 2004 Filing 920 OBJECTIONS TO EVIDENCE in support re MOTION disbursing of segregated funds obtainedd from sale of 624 and 626 No 897 filed by Third Party Secured Creditor Lawrence A Brockman. (pj, )
August 9, 2004 Filing 919 OPPOSITION to defendant Mark Abrams MOTION for Attorney Fees 896 filed by Plaintiff Intervenor RBC Mortgage Company of California. (pj, )
August 9, 2004 Filing 918 JOINDER filed by Intervenor RBC Mortgage Company of California joining in plaintiff Lehman Brothers Bank Opposition to the certain entities to the Receivership Estate (Item No. one) 912 . (pj, )
August 9, 2004 Filing 917 DECLARATION of MICHAEL L WACHTELL IN SUPPORT RECEIVERS OPPOSITIONS re APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt 904 filed by Receiver David J Pasternak. (pj, )
August 9, 2004 Filing 916 EVIDENTIARY OBJECTIONS THE DECLARATIONS OF LAWRENCE A BROCKMAN, RAMIN AZADEGAN AND SUSAN HALL 904 filed by Receiver David J Pasternak. (pj, )
August 9, 2004 Filing 915 OPPOSITION to third party Lawrence A Brockman APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt 904 filed by Receiver David J Pasternak. (pj, )
August 9, 2004 Filing 914 OPPOSITION to defendant Mark Abrams MOTION for Attorney Fees 896 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
August 9, 2004 Filing 913 DECLARATION of LORAINE P EBER IN OPPOSITION re MOTION for Attorney Fees 896 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
August 9, 2004 Filing 912 OPPOSITION TO PORTIONS OF THE RECEIVERS OMNIBUS MOTION for Issuance of 1. Adding Certain entitles to the Receier ship Estate; Item 7 for disbursement of segregated funds from the sale of the via Andrea Property 897 filed by plaintiff Lehman Brothers Bank FSB. (pj, )
August 9, 2004 Filing 911 OPPOSITION to ITEM 3 OF RECEIVERS OMNIBUS MOTION for Issuance of 1. Adding Certain entitles to the Receier ship Estate; 2. approving agreement between plaintiff intevenor and receiver re monies recovered from straw buyers; 3. disbursing of segregated funds obtainedd from sale of 624 and 626 No 897 filed by Interested Parties Steve Y Kim, Barbara Markman, Melvin Markman. (pj, )
August 3, 2004 Filing 910 Substitution of Attorney filed. Herbert Abrams in place and stead of attorney Janet Sherman by Judge Dean D. Pregerson. (pj, )
August 3, 2004 Filing 909 Substitution of Attorney filed. Michael Fitzgerald In Pro Per in place and stead of SulmeyerKupertz attorney Steven R Wainess; Victor A Sahn and Israel Saperstein by Judge Dean D. Pregerson. (pj, )
August 2, 2004 PLACED IN FILE - NOT USED re proposed order enter into settlement submitted by Receiver David J Pasternak. (pj, )
August 2, 2004 Opinion or Order Filing 907 ORDER by Judge Dean D. Pregerson : granting 905 Ex Parte Application to file declaration of David J Pasternak under seal (pj, )
August 2, 2004 Filing 906 DECLARATION of RICHARD P ORMOND in support re EX PARTE APPLICATION for Order 905 filed by Receiver David J Pasternak. (pj, )
August 2, 2004 Filing 905 EX PARTE APPLICATION to file declaration of David J Pasternak under seal filed by Receiver David J Pasternak. (pj, )
August 2, 2004 Filing 904 NOTICE OF APPLICATION AND APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver David J Pasternak should not be held in contempt filed by Third Party Secured Creditor Lawrence A Brockman. Hearing 8/23/04 10:00am Lodged proposed oder. (pj, )
August 2, 2004 Set/Reset Deadlines as to 904 APPLICATION for Issuance of of ORDER TO SHOW CAUSE why Receiver should not be held in contempt. Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable Dean D. Pregerson. (pj, )
August 2, 2004 Opinion or Order Filing 895 ORDER by Judge Dean D. Pregerson : The instant action before the Court on the Receivers motion for approval of the Receivers settlement agreement with Shawna Fitzgerald. The parties do not agree to the terms of the Settlement Agreement. Therefore, the Court DENIES the Receivers motion 878 Receivers Ex Parte Application for Order (pj, )
July 29, 2004 Filing 903 DECLARATION of DAVID J PASTERNAK in support OMNIBUS MOTION 897 filed by Receiver David J Pasternak. (pj, )
July 29, 2004 Filing 902 DECLARATION of HERBERT L ABRAMS in support OMNIBUS MOTION 897 filed by Receiver David J Pasternak. (pj, )
July 29, 2004 Filing 901 DECLARATION of HERBERT I ABRAMS re 897 filed by Receiver David J Pasternak. (pj, )
July 29, 2004 Filing 900 DECLARATION of MARK ABRAMS re 897 filed by Receiver David J Pasternak. (pj, )
July 29, 2004 Filing 899 DECLARATION of MARK ABRAMS re MOTION for Issuance of 1. Adding Certain entitles to the Receivership Estate; 2. approving agreement between plaintiff intevenor and receiver re monies recovered from straw buyers; 3. disbursing of segregated funds obtained from sale of 624 and 626 No 897 filed by Receiver David J Pasternak. (pj, )
July 29, 2004 Filing 898 DECLARATION of Richard P Ormond regarding Receiver compliance with meet and conver requirements pursuant to Local Rule 7-3 filed by Receiver David J Pasternak. (pj, )
July 29, 2004 Filing 897 NOTICE OF MOTION AND RECEIVER'S OMNIBUS MOTION for Issuance of 1. Adding Certain entitles to the Receiver ship Estate; 2. approving agreement between plaintiff intevenor and receiver re monies recovered from straw buyers; 3. disbursing of segregated funds obtained from sale of 624 and 626 North Maple Drive, Beverly Hills Ca Real Properties; 4. Authorizing Receiver to take possession of funds frozen in Herbert and Lois Abrams account at Merrill Lynch to Receivership Estate; 5. Authorizing Receiver to list bighorn county club membership for sale; 6-9, a-m filed by Receiver David J Pasternak. Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed order. (pj, )
July 29, 2004 Filing 896 NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendant Mark Abrams. Motion set for hearing on 8/23/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed order. (pj, )
July 28, 2004 Filing 894 REPLY TO OPPOSITION TO EX PARTE APPLICATION for Order 878 filed by Receiver David J Pasternak. (pj, )
July 26, 2004 Filing 893 FIFTEENTH REPORT filed by Receiver David J Pasternak. (pj, )
July 21, 2004 Opinion or Order Filing 892 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 2970 Helen Court, Newbury Park, CA 91320-3120. Real Properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver to Robert B Hosseini and Shahram Hosseini or their assignee for the net sum of $425,000 884 (pj, )
July 21, 2004 Opinion or Order Filing 891 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 1068 Casino Road, Los Angeles, California 90049 Real Property Free and Clear of Liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds if any to be held by Receiver to Brian T Glennon or his assignee for the net sum of $925,000 884 (pj, )
July 21, 2004 Opinion or Order Filing 890 ORDER by Judge Dean D. Pregerson : for Issuance of of order authorizing Receiver to sell 9838 Wanda Park Drive, Los Angeles, California 90210-1431 Real Property Free and Clear of Liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds if any to be held by Receiver to Danny H Lee or his asignee for the net sum of $895,000 884 (pj, )
July 21, 2004 Opinion or Order Filing 889 ORDER by Judge Dean D. Pregerson : authorizing Receiver to sell 5843 Arrowhead Lake Road, San Bernardino, California 92345-9499 (and Tractor and Trailer) Real Property Free and Clear of Liens and interests to Kelly W Maxwell or his nominee for the sum of $690,000 and to sell 1985 case 2 wheel drive, model 480 ELL Tractor for an additional $5,500 and 25 Foot long Holiday Rambler-Aluma lite trailer for an additonal $1,000 887 (pj, )
July 20, 2004 Filing 888 DECLARATION of GEORGE S WAS IN OPPOSITION re EX PARTE APPLICATION for Order 878 filed by Specially Appearing Non-Party Shawna D.C. Fitzgerald. (pj, )
July 19, 2004 PLACED IN FILE - NOT USED re proposed order authorizing receiver to sell 5843 arrowhead lake road submitted by Receiver David J Pasternak. (pj, )
July 13, 2004 Filing 887 CORRECTION APPLICATION for Issuance of of order authorizing Receiver to sell 5843 Arrowhead Lake Road, San Bernardino, California 92345-9499 (inlcuding tractor and Tractor) Real Property Free and Clear of Liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds filed by Receiver David J Pasternak. Lodged proposed order. (pj, )
July 13, 2004 Filing 886 NOTIFICATION by Circuit Court of Appellate Docket Number 04-56186, 9th CCA regarding Appeal to Circuit Court 576 . (cbr, )
July 8, 2004 Filing 884 NOTICE OF APPLICATION for issuance of orders authorizing Receiver to sell: 1. 5843 Arrowhead Lake Road, San Bernardino, California 92345-9499 (including tractor and trailer), 2. 9838 Wanda Park Drive, Los Angeles, 90210-1431, 3. 1068 Casiano Road, Los Angeles, CA 90049; and 4. 2970 Helen Court, Newbury Park, CA 91320-3120. Real Properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver; declaration of David J Pasterank filed by Receiver David J Pasternak. Lodged 4 proposed orders in regarding properties. (pj, )
July 8, 2004 Filing 883 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court,,,, 576 ; (weap, )
July 7, 2004 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court,,,, 576 (weap, )
July 6, 2004 Opinion or Order Filing 885 AMENDED ORDER authorizing Receiver to enter into settlement agreement regarding Receivership estates alleged interest in the real property located at 1407 Davies Drive, Beverly Hills, California 90210. The motion is granted. The terms of the revised Settlement Agreement. (see document for further detail) by Judge Dean D. Pregerson, 836 (pj, )
July 6, 2004 Opinion or Order Filing 882 ORDER by Judge Dean D. Pregerson : DENYING 840 Michaelis Parties motion to remove the Receiver (pj, )
July 6, 2004 Opinion or Order Filing 881 ORDER by Judge Dean D. Pregerson : granting in part 808 Receivers amended application regarding 1407 Davies Drive. The Court approves the majority of the settlement agreement, but does not approve the portion of the settlement agreement that provides that only Friedman and Gussman can foreclosure on Property. The Receiver shall provide an amended version of the settlement agreement that incorporates this orders (pj, )
June 30, 2004 Filing 880 DECLARATION of RICHARD P ORMOND re EX PARTE APPLICATION for Order 878 filed by Receiver David J Pasternak. (pj, )
June 30, 2004 Filing 879 DECLARATION of RICHARD P. ORMOND REGARDING NOTICE PURSUANT TO LR 7-19.1 filed by Receiver David J Pasternak. (pj, )
June 30, 2004 Filing 878 EX PARTE APPLICATION for issuance of order approving Receiver settlement agreeemnt with Shawna Fitzgerald filed by Receiver PTD Partners LLC, David J Pasternak. (pj, )
June 30, 2004 Opinion or Order Filing 877 ORDER by Judge Dean D. Pregerson establishing claims procedure. IT IS HEREBY ordered that the claims procedure and notices proposed by the Receiver are hereby approved and authorized; and a bar date of November 30, 2004 is hereby established for the submission of claims to the Receiver 821 (pj, )
June 29, 2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER AUTORIZING RECEIVER TO ENTER INTO SETTLEMENT AGREEMENT REGARDING RECEIVERSHIP ESTATES ALLEGED INTEREST IN THE REAL PROPERTY LOCATED AT 1407 DAVIES DRIVE, BEVERLY HILLS submitted by RECEIVER (el, )
June 29, 2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER ADDING REAL PROPERTY LOCATED AT 1407 DAVIES DRIVE, BEVERLY HILLS, ETC submitted by RECEIVER. (el, )
June 28, 2004 Filing 876 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson : re MOTION for Order 840 , MOTION for Issuance of of order establishing claims procedure 821 , MOTION to Lift Stay on Case 826 . Court hears oral argument and takes the matters under submission. Court Reporter: Carole D. Elkings. (ca, )
June 28, 2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER GRANTING MOTION TO REMOVE RECEIVER (el, )
June 28, 2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER GRANTING MOTION TO MODIFY THIS COURTS 12/11/03 ORDER RE STAY OF MICHAELIS V. BEVERLY HILLS DEVELOPMENT CORPORATION submitted by NON-PARTIES (el, )
June 24, 2004 Opinion or Order Filing 875 ORDER from 9th CCA filed as to Appeal to Circuit Court 576 , CCA # 04-70000. Order received in this district on 06/28/04. Petitioner has not demonstrated that this case warrants the intervention of this court by means of extraordinary remedy of mandamus. Accordingly, the petition is denied. (cbr, )
June 23, 2004 Filing 874 DECLARATION of RICHARD P ORMOND filed by Defendant PTD Partners LLC, Receiver David J Pasternak. (pj, )
June 23, 2004 Filing 873 REPLY to Michaelis opposition to Amendment to Emergency EX PARTE APPLICATION for Order 808 filed by Receiver David J Pasternak. (pj, )
June 22, 2004 Filing 872 DECLARATION of GERALD M FRIEDMAN IN SUPPORT JOINDER IN RECEIVERS AMENDMENT to EX PARTE APPLICATION for Order 808 filed by Non Parties Charles Elliott Fitzgerald, Gerald M Friedman, Marvin Gussman. (pj, )
June 22, 2004 Filing 871 MEMORANDUM OF POINTS AND AUTHORITIES in support of joinder in Receivers amendment to Emergency EX PARTE APPLICATION for Order 808 filed by Non Parties Michael Fitzgerald, Gerald M Friedman, Marvin Gussman. (pj, )
June 22, 2004 Opinion or Order Filing 870 ORDER DENYING INTERVENORS REQUEST to postphone action on 31556 Anacapa Drive Malibu, California 90265. The instant interim objection filed by RBC is denied as moot by Judge Dean D. Pregerson,(pj, )
June 21, 2004 Filing 869 REPLY MEMORANDUM IN SUPPORT MOTION for Order 840 filed by None Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 21, 2004 Filing 868 SUPPLEMENAL DECLARATION of JERROLD ABELES supporting re MOTION for Order 840 filed by None Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 21, 2004 Filing 867 DECLARATION of CLINTON K MICHAELIS SUPPORTING re MOTION for Order 840 filed by Non Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 18, 2004 Filing 866 OPPOSITION to AMENDMENT EX PARTE APPLICATION for Order 808 filed by Plaintiffs in Related Action Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 16, 2004 Filing 865 MINUTES IN CHAMBERS: Hearing on Receivers Emergency EX PARTE APPLICATION to add real property located at 1407 Davies Drive, Beverly Hills, California 90210 to the receivership Estate and Application for issuance of Order authorizing receiver to sell the real property located at 1407 Davies Drive, Beverly Hills, California 90210 is hereby CONTINUED from June 14, 2004 to 6/28/2004 at 10:00 AM 808 by Honorable Dean D. Pregerson. Court Reporter: None Present. (pj, )
June 16, 2004 Filing 864 MINUTES IN CHAMBERS: The MOTION for Leave filed on 4/5/04 docket 807 set for June 14, 2004 at 10:00am is hereby VACATED 746 by Judge Dean D. Pregerson Court Reporter: None Present. (pj, )
June 16, 2004 Filing 863 MINUTES The MOTION to Lift Stay on Case 826 filed by Non Parties Barbara Markmanf, Melvin Markman, Steve Y Kim, Marvinf Gussman, Gerald M Friedman is hereby continued from June 21, to 6/28/2004 at 10:00 AM by Judge Dean D. Pregerson. Court Reporter: None Present. (pj, )
June 16, 2004 Filing 862 FOURTEENTH Report filed by Receiver David J Pasternak. (pj, )
June 15, 2004 Opinion or Order Filing 861 ORDER by Judge Dean D. Pregerson : GRANTING Receiver to immediately enter the Receivership real property located at 2970 Helen Court, Newbury Park, California and GRANTING Receiver authority to immediately evict Laural Reed and all persons residing at such real property 803 (pj, )
June 14, 2004 Filing 860 NOTICE OF CONTINUED HEARING AND REVISED BREIFING SCHEDULE AND NOTICE OF HEARINGS REMOVED FROM COURT CALENDAR: The following ex parte application will be heard by the Court on June 28, 2004 at 1:30pm filed by Receiver David J Pasternak. (pj, )
June 14, 2004 Filing 859 PROOF OF SERVICE filed by Receiver David J Pasternak. re 854 Response in Opposition to Motion, 855 Declaration (Motion related), 856 Declaration (Motion related), 857 Declaration (Motion related), 858 Declaration (Motion related), was served on 6/14/04. (pj, )
June 14, 2004 Filing 858 DECLARATION of MARK ABRAMS IN SUPPORT OF OPPOSITION MOTION for Order 840 filed by Receiver David J Pasternak. (pj, )
June 14, 2004 Filing 857 DECLARATION of RICHARD P ORMOND IN SUPPORT OF OPPOSITION to MOTION for Order 840 filed by Receiver David J Pasternak. (pj, )
June 14, 2004 Filing 856 DECLARATION of MICHAEL L WACHTELL in reply to opposition to Michaelis Parties re MOTION for Order 840 filed by Receiver David J Pasternak. (pj, )
June 14, 2004 Filing 855 DECLARATION of MICHAEL L WACHTELL IN SUPPORT OF OPPOSITION MOTION for Order 840 filed by Receiver David J Pasternak. (pj, )
June 14, 2004 Filing 854 OPPOSITION to MOTION for Order 840 filed by Receiver David J Pasternak. (pj, )
June 14, 2004 Filing 853 DECLARATION of DAVID J PASTERNAK IN SUPPORT OF OPPOSITION TO MOTION for Order 840 filed by Receiver David J Pasternak. (pj, )
June 10, 2004 Filing 852 DECLARATION of MICHAEL L WACHTELL IN SUPPORT OF REPLY TO OPPOSITION of Michaelis Parties to MOTION to Lift Stay on Case 826 filed by Receiver David J Pasternak. (pj, )
June 10, 2004 Filing 851 REPLY TO OPPOSITION of Michaelis Parties to MOTION to Lift Stay on Case 826 filed by Receiver David J Pasternak. (pj, )
June 10, 2004 Filing 850 OBJECTION AND MOTION TO STRIKE "AMENDMENT" to EMERGEHNCY EX PARTE APPLICATION for Order 808 filed by None Parties Barbara Markman, Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 10, 2004 Filing 849 NOTICE OF CHANGE OF ATTORNEY INFORMATION by attorney Steven Berkowitz for Defendants Joseph Babajian, Kyle Grasso, changing attorney from Steven Berkowitz to Anthony Michael Glassman. Filed by Defendants defendants (pj, )
June 10, 2004 PLACED IN FILE - NOT USED re ORDER DENYING HANSEN AND ASSOCIATES MOTION BY SECURED CREDITORS ON CLEARVIEW REAL PROPERTY FOR LEAVE FROM ORDER ENJOINING CERTAIN ACTIONS AGAINST PROPERTY OF THE RECEIVERSHIP ESTATE (el, )
June 9, 2004 Opinion or Order Filing 848 Order by Judge Dean D. Pregerson authorizing Receiver to sell 1870 Benedict Canyon Drive, Los Angeles, California 90210 Real Property Free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds to Albert Azarmi and Pari Azarmi their nominee for the net price of $735,000 820 (pj, )
June 9, 2004 Opinion or Order Filing 847 Order by Judge Dean D. Pregerson authorizing Receiver to sell 2107 Stradella Road, Los Angeles, CA 900077-2324 Real Property Free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds to Angela Efros or their nominee for $920,000(pj, )
June 9, 2004 Opinion or Order Filing 846 Order by Judge Dean D. Pregerson authorizing Receiver to sell 31536 Anacapa View Road, Malibu, CA 90265 Real Property Free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds to Robert R Kohler and Richard H Guelich or their nominee for $1,300,000 820 (pj, )
June 9, 2004 Opinion or Order Filing 845 ORDER by Judge Dean D. Pregerson : authorizing Receiver to sell 9849 Easton Drive, Los Angeles, CA 90210 Real Property Free and clear of all liens and interests to Carmen Santa Maria or her nominee for $800,000 820 (pj, )
June 9, 2004 Filing 844 OBJECTIONS to Receivers request for authorization to sell 31536 Anacapa Drive Malibu, California 90265 filed by Intervenor RBC Mortgage Company of California. (pj, )
June 9, 2004 Filing 843 NOTICE OF ENTRY OF ORDER ON LEHMAN BROTHERS BANK MOTION TO DISMISS DEFENDANT MICHAEL DILDINE filed by Plaintiff Lehman Brothers Bank FSB. (pj, )
June 8, 2004 Filing 838 RESPONSE to MOTION to Lift Stay on Case 826 filed by Receiver David J Pasternak. (pj, )
June 8, 2004 Filing 837 SUPPLEMENTAL DECLARATION of DAVID J PASTERNAK IN SUPPORT re Amendment to Emergency EX PARTE APPLICATION for Order 808 and Amendment to application filed by Receiver David J Pasternak. (pj, )
June 8, 2004 Filing 836 AMENDMENT to EMGERENCY EX PARTE APPLICATION TO ADD REAL PROPERTY 1407 AND AMENDMENT to application for issuance of order authorizing receiver to sell the real property lcoated at 1407 808 filed by Receiver David J Pasternak. LODGED ORDER (pj, )
June 8, 2004 Filing 835 AMENDED STIPULATION TO EXPAND THE POWERS OF THE RECEIVER by Judge Dean D. Pregerson :(pj, )
June 8, 2004 Opinion or Order Filing 834 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dean D. Pregerson ORDERING Amended Stipulation submitted by Intervenor Parties Harold Jasper -, Harriet Jasper - received on 5/26/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(pj, )
June 8, 2004 Opinion or Order Filing 833 STIPULATION AND ORDER authorizing Receiver to retain $12,000 from Henry Abrams Bar Mitzvah funds in receivership estate and autorizing receiver to disburse $4,263 from Henry Abrams Bar Mitzvah Funds for benefit of Henry Abrams by Judge Dean D. Pregerson :(pj, )
June 7, 2004 Filing 839 MEMORANDUM OF POINTS AND AUTHORITIES OPPOSING IN PART AND JOINING IN PART to MOTION to Lift Stay on Case 826 filed by Non Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California . (pj, )
June 7, 2004 Filing 832 Substitution of Attorney filed. Mark Young In pro Per in place and stead of attorney Ronald P Slates by Judge Dean D. Pregerson. (pj, )
June 4, 2004 Filing 842 MEMORANDUM OF POINTS AND AUTHORITIES AUTHORITIES in Support of MOTION for Order 840 filed by Non-Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 4, 2004 Filing 841 DECLARATION of JERROLD ABELES SUPPORTING re MOTION for Order 840 filed by Non-Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
June 4, 2004 Filing 840 NOTICE OF MOTION AND MOTION to remove Receiver filed by None Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. Motion set for hearing on 6/28/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged order. (pj, )
June 2, 2004 Filing 825 SUPPLEMENTAL PROOF OF SERVICE filed by Reciever David J Pasternak. re 824 Notice (Other), was served on 6/2/04. (pj, )
June 2, 2004 Filing 824 NOTICE OF CONTINUANCE OF RECEIVER EMERGENCY EX PARTE APPLICATION filed by Receiver David J Pasternak. (pj, )
May 28, 2004 Filing 823 REQUEST FOR JUDICIAL NOTICE in support of objections by interested non parties to Emergency EX PARTE APPLICATION for Order 808 by Non Parties Gerald Friedman, Marvin Gussman, Steve Y Kim, Melvin Markman, Babara Markman (pj, )
May 28, 2004 Filing 822 OBJECTIONS re EX PARTE APPLICATION for Order 808 filed by Non Parties Gerald Friedman, Marvin Gussman, Steve Y Kim, Melvin Markman, Babara Markman. (pj, )
May 28, 2004 Filing 821 NOTICE OF MOTION AND MOTION for Issuance of order establishing claims procedure filed by Receiver David J Pasternak. Motion set for hearing on 6/28/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged order. (pj, )
May 27, 2004 Filing 831 SUPPLEMENT Proof of Service file by receiver David J. Pasternak (ca, )
May 27, 2004 Filing 830 SUPPLEMENT Proof of Service filed by receiver David Pasternak (ca, )
May 27, 2004 Filing 829 SUPPLEMENTAL PROOF OF SERVICE filed by receiver David J Pasternak. (ca, ) Modified on 6/8/2004 (ca, ).
May 27, 2004 Filing 828 DECLARATION of Richard P. Ormond in support of MOTION for Leave from order enjoining certain actions against property of the receivership estate and authorizing secured creditors to proceed with foreclosure 746 filed by receiver David J Pasternak. (ca, )
May 27, 2004 Filing 827 REQUEST FOR JUDICIAL NOTICE in support of MOTION to Lift and/ or modify Stay of Michaelis v. Beverly Hills Development Corporation, et al. 826 filed by Non-Parties Gerald M Friedman, Marvin Gussman, Steve Y Kim, Barbara Markman, Melvin Markman. Request set for hearing on 6/21/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged Proposed Order. (ca, )
May 27, 2004 Filing 826 MOTION to Lift and/or modify this courts Stay of Michaelis v. Beverly Hills Development Corporation, et al. [Case 03-CV-6479 DDP (PLAx)] filed by Non-Parties Barbara Markman, Melvin Markman, Steve Y Kim, Marvin Gussman, Gerald M Friedman. Motion set for hearing on 6/21/2004 at 10:00 AM before Honorable Dean D. Pregerson. (ca, )
May 26, 2004 Filing 819 PROCEEDINGS: MINUTE ORDER(IN CHAMBERS) At the request of the receiver, the hearing on the Receivers Emergency Ex Parte Application to add real property located at 1407 Davies Drive 808 is hereby continued from 6/2/2005 to 6/14/2004 at 10:00 AM before Honorable Dean D. Pregerson. Court Reporter: None Present. (el, )
May 25, 2004 Filing 820 NOTICE OF APPLICATION and APPLICATION for Issuance of Orders authorizing receiver to sell: 1. 1870 Benedict Canyon Deive, LA, CA 90210; 2. 2107 Stradella Road, LA, CA 90077-2324; 3. 31536 Anacapa View Drive, Malibu, CA 90265; 4. 9849 Easton drive, LA, CA 90210 real properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by receiver filed by receiver David J Pasternak. Lodged (4) Proposed Orders. (ca, )
May 24, 2004 Filing 818 THIRTEENTH REPORT filed by Receiver David J Pasternak. (ca, )
May 24, 2004 Filing 817 MINUTES ORDER (In Chambers)held before Judge Dean D. Pregerson: EMERGENCY EX PARTE APPLICATION to add real property located at 1407 Davies Drive, Beverly Hills, CA 90210 to the receivership estate 808 , and APPLICATION for Issuance of Order Authorizing Receiver to Sell real property located at 1407 Davies Drive, Beverly Hills, CA 90210 745 is hereby reset. Motion set for hearing on 6/2/2004 at 01:30 PM before Honorable Dean D. Pregerson. Court Reporter: None Present. (ca, )
May 19, 2004 Filing 814 OPPOSITION to EMERGENCY EX PARTE APPLICATION re real property located at 1407 Davies Drive, Veverly Hills, California 90210 808 filed by movants Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (ca, )
May 17, 2004 Filing 813 DECLARATION of Mark Abrams filed by Receiver David J Pasternak. (ca, )
May 17, 2004 Filing 812 PROOF OF SERVICE filed by receiver David J Pasternak re Declaration of Richard P. Ormond 810 , Declaration of Virginia Grindley 811 , EMERGENCY EX PARTE APPLICATION 808 , Declaration of David J. Pasternak in support of Emergency Ex Parte Application 809 ,was served on 5/17/04 by overnight delivery to: (see original document for attached service list.) (ca, )
May 17, 2004 Filing 811 DECLARATION of Virginia Grindley filed by Receiver David J Pasternak. (ca, )
May 17, 2004 Filing 810 DECLARATION of Richard P. Ormond re Notice Pursuant to LR 7-19.1 808 filed by receiver David J Pasternak. (ca, )
May 17, 2004 Filing 809 DECLARATION of Davie J. Pasternak in support of EX PARTE APPLICATION to add real property located at 1407 Davies Drive, Beverly Hills, California 90210 to the receivership estate and application for Order authorizing receiver to sell the real property located at 1407 Davies Drive, Beverly Hills, California 90210 808 filed by receiver David J Pasternak. (ca, )
May 17, 2004 Filing 808 EMERGENCY EX PARTE APPLICATION to add real property located at 1407 Davies Drive, Beverly Hills, California 90210 to the receivership Estate and Application for issuance of Order authorizing receiver to sell the real property located at 1407 Davies Drive, Beverly Hills, California 90210 filed by receiver David J Pasternak. Lodged Proposed Order. (ca, ) Modified on 5/21/2004 (ca, ).
May 14, 2004 Opinion or Order Filing 807 ORDER by Judge Dean D. Pregerson re: Motion for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate (motion filed on 4/5/04). The Court sets motion for oral argument, for hearing on 6/14/2004 at 10:00 AM before Honorable Dean D. Pregerson. Any supplemental filing by the Receiver updating the Court on his investigation shall be filed no later than 5/31/04. Any reply shall to the Receiver's update shall be filed no later than 6/7/04.(pbap, )
May 12, 2004 Opinion or Order Filing 816 ORDER FOR ISSUANCE OF TEMPORARY Restraining Order Prohibiting Shawna Fitzgerald from Removing Certain Personal Property From the Real Property Commonly Known as 5843 Arrowhead Lake Road. This Court having received and considered the Receiver's Ex Parte Application for Authority to Enter the Real Property Known as 5843 Arrowhead Lake Road, Hesperia, and Evict Resident Thereof:: IT IS ORDERED, ADJDUGED AND DECREED that : The Motion is denied without prejudice; In seeking the eviction of Shawna Fitzgerald and /or any other occupant of hte real property, the Receiver shall file such request for relief as a regularly noticed motion; This Order does not preclude the REceiver from filing any other application or motion relating to the property on an ex parte basis; (See Order for further details) by Judge Dean D. Pregerson (yl, )
May 12, 2004 Opinion or Order Filing 815 STIPULATION AND ORDER TO POSTPONE Foreclosure Sale of Real Property located at 1777 Summitridge. This stipulation is entered into by and between David J Pasternak and Ronald Newberg and Richard Held: The parties hereby stipulate that Rondal Newberg and Richard Held shall postpone their foreclosure pursuant to their Notice of Turstee's Sale under Deed of Trust; the postponement of the Foreclosure will be effective until close of business on August 2, 2004, at which time, the Receiver has not entered into a written sale agreement for the sale of the property (See Stipulation and Order for further details) by Judge Dean D. Pregerson. (yl, )
May 11, 2004 Filing 806 Certificate of Interested Parties filed by Intervenor Defendants Lila Rizk, Scott Robinson. (pbap, )
May 11, 2004 Filing 805 ANSWER to RBC'S Intervenor Complaint 438 filed by Intervenor Defendant Lila Rizk, Scott Robinson.(pbap, )
May 11, 2004 Filing 804 DECLARATION of David J. Pasternak NOTICE OF MOTION AND MOTION for Issuance of Order Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 2970 Helen Court, Newbury Park, California 803 filed by Receiver David J Pasternak. (pbap, )
May 11, 2004 Filing 803 NOTICE OF MOTION AND MOTION for Issuance of Order Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 2970 Helen Court, Newbury Park, California, and Granting the Receiver Authority to Evict Laurel Reed and All Persons Residing at Such Real Property filed by Receiver David J Pasternak. Motion set for hearing on 6/14/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged order. (pbap, ).
May 7, 2004 Opinion or Order Filing 802 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (8). 815 Stradella Road, Los Angeles, CA 90077-3309, Real Properties Free and Clear of All Liens and Interests 783 (pbap, )
May 7, 2004 Opinion or Order Filing 801 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (7). 9541 Cedarbrook Drive, Los Angeles, CA 90210-1727, Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver 783 (pbap, )
May 7, 2004 Opinion or Order Filing 800 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (6). 33410 Pacific Coast Highway, Malibu, CA 90265-2307, Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver 783 (pbap, )
May 7, 2004 Opinion or Order Filing 799 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (5). 2751 Rambla Pacifico Street, Malibu, CA 90265-3434 Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver 783 (pbap, )
May 7, 2004 Opinion or Order Filing 798 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL:(4). 2571 Roscomare Raod, Los Angeles, CA 90077-1814, Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver 783 (pbap, )
May 7, 2004 Opinion or Order Filing 797 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (3). 24415 Mulholland Highway, Calabasas, CA 91302-2321, Real Properties Free and Clear of All Liens and Interests 783 (pbap, )
May 7, 2004 Opinion or Order Filing 796 ORDER by Judge Dean D. Pregerson GRANTING NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (2). 2155 Roscomare Road, Los Angeles, CA 90077-2220 Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver 783 (pbap, )
May 7, 2004 Opinion or Order Filing 795 ORDER by Judge Dean D. Pregerson : Granting 783 NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (1). 1438 Davies Drive, Los Angeles, CA 90210-2028, Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver (pbap, )
May 7, 2004 Opinion or Order Filing 792 ORDER by Judge Dean D. Pregerson : Granting 762 Lehman Brothers Bank's Motion to Dismiss Defendant Michael Dildine. Terminating Michael Dildine. The Court finds no defendant will be rejudiced as a result by the dismissal of Dildine. Dildine is hereby dismissed without prejudice. Further, in accordance with the terms of the limited mutual release signed by Dildine and Lehman, each party will bear its own attorney's fees and costs as between each other. (pbap, )
May 4, 2004 Opinion or Order Filing 789 ORDER by Judge Dean D. Pregerson : Denying 759 AMENDED EMERGENCY EX PARTE APPLICATION for Order Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 5843 Arrowhead Lake Road, Hesperia, California, and for an Order Granting the Receiver Authority to Evict Shawna Fitzgerald and all Persons Residing at Such Real Property., and (2) Vacating the Court's 4/15/04 Order Granting the Application. (pbap, )
May 4, 2004 Opinion or Order Filing 788 MINUTES OF PROCEEDINGS: Minute Order (In Chambers); Order by Judge Dean D. Pregerson that the MOTION to Dismiss Defendant Michael Dildine 762 is taken off calendar, the hearing date vacated and will be decided without oral argument. Court Reporter: none present. (pbap, )
May 3, 2004 Filing 791 Twelfth Report filed by Receiver David J Pasternak. (pbap, )
April 30, 2004 Filing 790 MINUTES OF PROCEEDINGS: held before Judge Dean D. Pregerson. The Court hears oral argument and takes the matter under submission re EX PARTE APPLICATION for Issuance of Temporary Restraining Order to Postpone or Cancel Foreclosure Sale of the Real Property Located at 1777 Suummitridge, Beverly Hills California 90212 754 . Court Reporter: Beth Esther Zaccaro. (pbap, )
April 30, 2004 Filing 787 NOTICE OF DISMISSAL filed by Plaintiff Mark Young pursuant to FRCP 41a(1) as to defendant Mark Young is dismissed from the complaint (only without prejudice). (pbap, )
April 23, 2004 Filing 783 NOTICE OF APPLICATION AND RECEIVER'S APPLICATION FOR ISSUANCE OF ORDERS AUTHORIZING RECEIVER TO SELL: (1). 1438 Davies Drive, Los Angeles, CA 90210-2028; (2). 2155 Roscomare Road, Los Angeles, CA 90077-2220; (3). 24415 Mulholland Highway, Calabasas, CA 91302-2321; (4). 2571 Roscomare Raod, Los Angeles, CA 90077-1814; (5). 2751 Rambla Pacifico Street, Malibu, CA 90265-3424; (6). 33410 Pacific Coast Highway, Malibu, CA 90265-2307; (7). 9541 Cedarbrook Drive, Los Angeles, CA 90210-1727; and (8). 815 Stradella Road, Los Angeles, CA 90077-3309, Real Properties Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to attach to Segregated Sale Proceeds, if any, to be held by Receiver; Declaration of David J. Pasternak. filed by Receiver David J Pasternak. Lodged lodged (8) proposed orders. (pbap, ) Modified on 5/12/2004 (pbap, ).
April 22, 2004 Opinion or Order Filing 786 STIPULATION AND ORDER by Judge Dean D. Pregerson : Approving Court-Appointed Receiver's Settlement Agreement with Third Parties Ken R. Ashworth, an individual and Ken R. Ashworth & Associates DBA Ashworth& Benedict.(pbap, )
April 21, 2004 Filing 785 OBJECTION to Supplemental Declaration of Richard Ormond filed in support to Receiver's Opposition to Motion by Hansen and Associates for Relief from Injunction Respecting Foreclosure; Motion to Strike Supplemental Declaration Based upon objection filed by Movant Hansen & Associates. (pbap, )
April 20, 2004 Filing 784 REPLY to Opposition of David Pasternak, Receiver to Motion by Hansen& Asociates for Relief from Injunction Respecting Hansen & Associates' Foreclosure of the Real Porperty Commonly known as 1700 Clearview Drive, Beverly Hills, California filed by Movants John Z. Jeppesen, Michael J Fitzgerald. (pbap, )
April 20, 2004 Filing 767 MINUTES OF PROCEEDINGS: MINUTE ORDER (IN CHAMBERS) before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that the 746 MOTION for Leave from Order Enjoining Certian Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure set for hearing 4/26/04 at 10:00 a.m., is taken off calendar, the hearing date vacated and will be decided without oral argument. Court Reporter: none present. (pbap, )
April 19, 2004 Filing 781 DECLARATION of Richard P. Ormond in Response to Opposition re EX PARTE APPLICATION for Order for Authority to Enter Real Property 759 filed by Receiver David J Pasternak. (pbap, )
April 19, 2004 Filing 780 MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE to Shawna Fitzgerald's OPPOSITION re AMENDED EMERGENCY EX PARTE APPLICATION for Order Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 5843 Arrowhead Lake Road, Hesperia, California, and Evict Resident thereof 759 filed by Receiver David J Pasternak. (pbap, )
April 16, 2004 Filing 782 PROOF OF SERVICE filed by Receiver David J Pasternak re 768 Supplemental Declaration of Richard P. Ormond in Support of Court-Appointed Receiver's Opposition to Hansen and Associates' MOTION for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure 746 ; Court-Appointed Receiver's Opposition to Hansen and Associates' "Motion by Secured Creditors on Clearview Real Propery; Order Denying Hansen and Associates'"Motion by Secured Creditors on Clearview Real Property for Leave from Order Enjoing Certain Actions Against Property of the receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure; Proof of Service and Letter to Clearview Drive Investors serving parties listed herein by mail on 4/15/04. **see document for further details**(pbap, )
April 16, 2004 Filing 779 Receiver's Eleventh Report filed by Receiver David J Pasternak. (pbap, )
April 15, 2004 Filing 778 DECLARATION of George S. Was in Opposition to EX PARTE APPLICATION for Order 759 filed by Non Party Shawna D.C. Fitzgerald. (pbap, )
April 15, 2004 Filing 777 DECLARATION of Specially Apearing Non Party Shawna Fitzgerald in Opposition to EX PARTE APPLICATION for Order 759 filed by Non Party Shawna D.C. Fitzgerald. (pbap, )
April 15, 2004 Filing 776 Specially Appearing Non Party Shawna Fitzgerald Memornadum in Opposition to AMENDED EMERGENCY EX PARTE APPLICATION for Order Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 5843 Arrowhead Lake Road, Hesperia, California, and for an Order Granting the Receiver Authority to Evict Resident there of re 759 filed by Non Party Shawna D.C. Fitzgerald. (pbap, )
April 15, 2004 Opinion or Order Filing 775 CORRECTED ORDER by Judge Dean D. Pregerson Authorizing Receiver to Sell 21543 Pacific Coast Highway, Malibu, California 90265 Real Properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver re 739 (pbap, )
April 15, 2004 Opinion or Order Filing 774 CORRECTED ORDER by Judge Dean D. Pregerson Authorizing Receiver to Sell 11186 Chalon Road, Los Angeles, California 90049 Real Properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver re 739 (pbap, )
April 15, 2004 Opinion or Order Filing 773 ORDER by Judge Dean D. Pregerson Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 5843 Arrowhead Lake Road, Hesperia, California, and for an Order Granting the Receiver Authority to Evict Shawna Fitzgerald and all Persons Residing at Such Real Property, re 759 (pbap, )
April 15, 2004 Opinion or Order Filing 772 ORDER by Judge Dean D. Pregerson Authorizing Receiver to Sell 12751 Mulholland Drive, Los Angeles, California 90210 Real Property Free and Clear of All Liens and Interest, with any Unsatisfied Junior Liens to Attach to Segregated Sale Proceeds, if any, to be Held by Receiver re 739 (pbap, )
April 15, 2004 Opinion or Order Filing 771 ORDER by Judge Dean D. Pregerson Authorizing Receiver to Sell 3386 Mandeville Canyon, Los Angeles, California 90049 Real Property Free and Clear of All Liens and Interests, With any Unsatisfied Junior Liens to Attach to Segregated Sale Proceeds, If any, to be Held by Receiver re 739 (pbap, )
April 15, 2004 Opinion or Order Filing 770 ORDER by Judge Dean D. Pregerson Authorizing Receiver to Sell 14507 Mulholland Drive, Los Angeles, California 90077 Real Property Free and Clear of All Liens and Inerests, with any Unsatisfied Junior Liens to Attach to Segregated Sales Proceeds, If any, to Be Held by Receiver re 739 (pbap, )
April 15, 2004 Opinion or Order Filing 769 ORDER by Judge Dean D. Pregerson : Authorizing Receiver to Sell 2281 Goloaming Way, Los Angeles, California 90210 Real Property Free and Clear of All Liens and Interests, with Any Unsatisfied Junior Liens to Attach to Segregated Sale Proceeds, if any, to be held by Receiver 739 . **See document for further details**
April 15, 2004 Filing 766 MINUTES ORDER held before Judge Dean D. Pregerson : Court Reporter: At the request of counsel, the Hearing on TRO Re Property located at 1777 Summitridge, Beverly Hills, CA 90212 is hereby continued from April 16, 2004 to April 30, 2004 at 2:30 pm None present. (yl, )
April 14, 2004 Filing 768 Supplemental Declaration of Richard P. Ormond in Support of Court-Appointed Receiver's Opposition to Hansen and Associates' MOTION for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure 746 filed by Receiver David J Pasternak. (pbap, )
April 13, 2004 Filing 753 NOTICE OF CLERICAL ERROR Re: Minute Order dated 4/9/04 didnot receive an item number in CM; however will receive the #0. (pbap, )
April 12, 2004 Filing 794 PROOF OF SERVICE filed by Receiver David J Pasternak re 747 NOTICE of Hearing on Motion By Secured Creditors on Clearview Real Property for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure; Proposed order serving the parties listed herein by mail on 4/12/04. (pbap, )
April 12, 2004 Filing 793 OPPOSITION to Hansen and Associates NOTICE of Hearing on Motion By Secured Creditors on Clearview Real Property for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure; Motion set for hearing on 4/26/2004 at 10:00 AM 747 filed by Receiver David J Pasternak. Lodged proposed order(pbap, )
April 12, 2004 PLACED IN FILE - NOT USED re Proposed Order Authorizing Receiver to Sell 11186 Chalon Road, Los Angeles, CA 90049 submitted by Receiver David J Pasternak. (pbap, )
April 12, 2004 PLACED IN FILE - NOT USED re Proposed Order Authorizing Receiver to Sell 21543 Pacific Coast Highway, Malibu, CA 90265 Real Property submitted by Receiver David J Pasternak. (pbap, )
April 12, 2004 Opinion or Order Filing 758 ORDER by Judge Dean D. Pregerson : DENYING IN PART AND GRANTING IN PART NON-PARTY SCAPA'S 696 NOTICE OF MOTION AND MOTION for Protective Order. **see document for further details** (pbap, )
April 9, 2004 Filing 765 PROOF OF SERVICE filed by Plaintiff Lehman Brothers Bank FSB re 762 MOTION to Dismiss Defendant Michael Dildine, 763 Memorandum in Support of Motion, 764 Declaration (Motion related), was served on 4/9/04 upon the parties listed herein. (pbap, )
April 9, 2004 Filing 764 DECLARATION of Laura Greco in Support of MOTION to Dismiss Defendant Michael Dildine 762 filed by Plaintiff Lehman Brothers Bank FSB. (pbap, )
April 9, 2004 Filing 763 MEMORANDUM in Support of MOTION to Dismiss Defendant Michael Dildine 762 filed by Plaintiff Lehman Brothers Bank FSB. (pbap, )
April 9, 2004 Filing 762 NOTICE OF MOTION AND MOTION to Dismiss Defendant Michael Dildine filed by Plaintiff Lehman Brothers Bank FSB. Motion set for hearing on 5/10/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed order. (pbap, )
April 9, 2004 MINUTES OF PROCEEDINGS: MINUTE ORDER (IN CHAMBERS) COUNSEL ARE NOTIFIED that the CORRECT date for the HEARING ON TRO RE PROPERTY LOCATED AT 1777 SUMMITRIDGE, BEVERLY HILLS, CALIFORNIA 90212 (COURT ORDERED 4-7-04) is Friday, on 4/16/2004 at 03:00 PM before Honorable Dean D. Pregerson. Court Reporter: none present. (pbap, )
April 8, 2004 Filing 761 DECLARATION of David J. Pasternak re in Support of EMERGENCY EX PARTE APPLICATION for Order 759 filed by Receiver David J Pasternak. (pbap, )
April 8, 2004 Filing 760 DECLARATION of Michael L. Wachtell in Support EMERGENCY EX PARTE APPLICATION for Order 759 filed by Receiver David J Pasternak. (pbap, )
April 8, 2004 Filing 759 AMENDED EMERGENCY EX PARTE APPLICATION for Order Granting Receiver Authority to Immediately Enter the Receivership Real Property Located at 5843 Arrowhead Lake Road, Hesperia, California, and for an Order Granting the Receiver Authority to Evict Shawna Fitzgerald and all Persons Residing at Such Real Property. filed by Receiver David J Pasternak. Lodged proposed order. (pbap, )
April 7, 2004 Opinion or Order Filing 757 ORDER by Judge Dean D. Pregerson : GRANTING 754 EX PARTE APPLICATION for Issuance of Temporary Restraining Order to Postpone or Cancel Foreclosure Sale of the Real Property Located at 1777 Suummitridge, Beverly Hills California 90212, Scheduled on Friday, April 9, 2004. Ronald Newburg and Richard Held cannot proceed with a foreclosure of the Property currently scheduled for 4/9/04, until an order is entered by this Court lifting this restraining order; and Notice relating to the Motion was adequate. (pbap, )
April 7, 2004 Filing 756 DECLARATION of Richard P. Ormond; re EX PARTE APPLICATION for Temporary Restraining Order 754 filed by Receiver David J Pasternak. (pbap, )
April 7, 2004 Filing 755 DECLARATION of Richard P. Ormond re Notice Pursuant LR 7-19.1; EX PARTE APPLICATION for Temporary Restraining Order 754 filed by Receiver David J Pasternak. (pbap, )
April 7, 2004 Filing 754 EX PARTE APPLICATION for Issuance of Temporary Restraining Order to Postpone or Cancel Foreclosure Sale of the Real Property Located at 1777 Suummitridge, Beverly Hills California 90212, Scheduled on Friday, April 9, 2004. filed by Receiver David J Pasternak. Lodged order. (pbap, )
April 7, 2004 Filing 743 MINUTES OF PROCEEDINGS: MINUTE ORDER (IN CHAMBERS) before Judge Dean D. Pregerson : Counsel are Notified that on the Court's own motion a Hearing on Tro Re Property Located at 1777 Summitridge, Bevery Hills, California 90212 is set for hearing on 4/19/2004 at 03:00 PM before Honorable Dean D. Pregerson. Court Reporter: none present. (pbap, )
April 5, 2004 Opinion or Order Filing 752 MINUTES OF PROCEEDINGS: before Judge Dean D. Pregerson : Order by Judge Dean D. Pregerson that the Court hears oral argument and takes the MOTION for Protective Order 696 under submission. Court Reporter: n/a. (pbap, )
April 5, 2004 Filing 751 PROOF OF SERVICE filed by Movant Hansen & Associates. re 746 MOTION for Leave, 747 Notice of Hearing on Motion,, 748 Declaration (motion), Declaration -motion), 749 Declaration (motion), Declaration (motion), 750 Declaration (motion), and Notice of Hearing was served on 4/2/04 to the parties listed herein. (pbap, )
April 5, 2004 Filing 750 DECLARATION of Declaration of Victor A. Sahan in Support of NOTICE of Hearing on Motion By Secured Creditors on Clearview Real Property for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure 747 filed by Movant Hansen & Associates. (pbap, )
April 5, 2004 Filing 749 DECLARATION of Brian HansenNOTICE of Hearing on Motion By Secured Creditors on Clearview Real Property for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure 747 filed by Movant Hansen & Associates. (pbap, )
April 5, 2004 Filing 748 DECLARATION of Stanley R. Smith, Esq, in Support Re NOTICE of Hearing on Motion By Secured Creditors on Clearview Real Property for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure. 747 filed by Movant Hansen & Associates. (pbap, )
April 5, 2004 Filing 747 NOTICE of Hearing on Motion By Secured Creditors on Clearview Real Property for Leave from Order Enjoining Certain Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure; Motion set for hearing on 4/26/2004 at 10:00 AM before Honorable Dean D. Pregerson. (pbap, )
April 5, 2004 Filing 746 MOTION for Leave from Order Enjoining Certian Actions Against Property of the Receivership Estate and Authorizing Secured Creditors to Proceed with Foreclosure filed by Defendant Michael Fitzgerald. Motion set for hearing on 4/26/2004 at 10:00 AM before Honorable Dean D. Pregerson. (pbap, )
April 5, 2004 PLACED IN FILE - NOT USED re Proposed order expanding the Receiver's Powers Authorizing him to Seize, Retain or Liquidate Assets of the Receivership Defendants submitted by Intervenors Harold Jasper -, Harriet Jasper -. (pbap, )
April 5, 2004 PLACED IN FILE - NOT USED Order denying third-party deponent Jeffrey Scapa's "Motion for Protective Order Restricting Discovery and Taking of Deposition" submitted by Receiver David J Pasternak. (pbap, )
April 2, 2004 Filing 745 CORRECTION TO APPLICATION for Issuance of Order Authorizing Receiver to Sell 11186 Chalon Road, Los Angeles, California 90049 Real Property Free and Clear of All Liens and Interests, and for Any Unsatisfied Junior Liens to Attach to Segregated Sale Proceeds, If any, to Be Held by Receiver; Declaration of David J. Pasternak; filed by Receiver David J Pasternak. Lodged proposed order. (pbap, )
April 2, 2004 Opinion or Order Filing 744 STIPULATION AND ORDER by Judge Dean D. Pregerson : re MOTION for Order To Expand the Powers of the Receiver 593 ; Motion set for hearing 2/2/04 is continued 4/12/2004 at 10:00 AM before Honorable Dean D. Pregerson.(pbap, )
April 2, 2004 Filing 740 MINUTES OF In Chambers held before Judge Dean D. Pregerson : The NOTICE OF MOTION AND MOTION to expand the powers of the Receiver filed by Intervenors Harold Jasper, Harriet Jasper, Motion set for hearing on 2/2/2004 at 10:00 a.m. is VACATED: none present. (pbap, )
April 1, 2004 Filing 742 DECLARATION of Virginia Grindley filed by Receiver David J Pasternak. (ca, )
April 1, 2004 Filing 741 DECLARATION of Mark Abrams filed by Receiver, David J. Pasternak (ca, )
March 31, 2004 Filing 739 NOTICE OF APPLICATION AND APPLICATION for Issuance of ORDERS authorizing Receiver to Sell: (1) 11186 Chalon Raod, Los Angeles, California 90049; (2) 12751 Mulholland Drive, Los Angeles, California 90210; (3) 21543 Pacific Coast Highway, Mailbu, California 90210; (4)2281 Gloaming Way, Los Angeles, California 90210; (5) 14507 Mulholland Drive, Los Angeles, CA 90077; and (6) 3386 Mandeville Canyon, Los Angeles, California 90049, Real Properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver; Declaration of David J Pasternak filed by Receiver David J Pasternak. Lodged proposed orders. (pj, )
March 24, 2004 Opinion or Order Filing 736 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 2203 Jeffersonia Way, Los Angeles, California 90049 Real Property Free and clear of all liens and interests with any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver to John Bertolli for the sum of $1,299,900 718 (pj, )
March 24, 2004 Opinion or Order Filing 735 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 7333 Via Capri, La Jolla, California 92037 Real Property Free and clear of all liens and interests with any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver to Mike and Deena Tajran for the sum of $1,159,000 718 (pj, )
March 24, 2004 Opinion or Order Filing 734 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 26066 Mulholland Highway, Calabasas, California 91302 Real Property Free and clear of all liens and interests with any unsatisfied junior liens other than the Jacob Irrevocable Trust dated 04/04/01 to attach to segregated sale proceeds, if any, to be held by Receiver to Ronald and Christine Gamm for the sum of $2,150,000 718 (pj, )
March 24, 2004 Opinion or Order Filing 733 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 9346 Readcrest Drive, Los Angeles, California 90210 Real Property Free and clear of all liens and interests with any unsatisfied junior liens to attach to segregated sale process, if any, to be held by Receiver to Ronald Katz for the net sum of $1,065.,000 718 (pj, )
March 24, 2004 Opinion or Order Filing 732 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 2100 Roscomare Road, Los Angeles, California 90077 Real Property Free and clear of all liens and interests with any unsatisfied junior liens to attach to segregated sale process, if any, to be held by Receiver to Anthony C Baines for the net sum of $925,000 718 (pj, )
March 24, 2004 Opinion or Order Filing 731 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 2254 Gloaming Way, Los Angeles, California 90210 Real Property Free and clear of all liens and interests with any unsatisfied junior liens to attach to segregated sale process, if any, to be held by Receiver to Kelly Rollings for the net sum of $1,402,000 718 (pj, )
March 24, 2004 Opinion or Order Filing 730 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell 11382 Thurston Circle, Los Angeles, California 90049 Real Property Free and clear of all liens and interests with any unsatisfied junior liens to attach to segregated sale process, if any, to be held by Receiver to Dr. Siamak Rahman and r. Parisa Partownavid for the net sum of $989,900 718 (pj, )
March 24, 2004 Opinion or Order Filing 729 STIPULATION AND ORDER by Judge Dean D. Pregerson that Babajian and Grasso will not file a response to Lehman Brothers Second Amended Complaint and RBC's Complaint in Intervention and that Babajian and Grasso will file and serve the response to Lehman Brothers Third Amended Complaint and RBC's First Amended Complaint in Intervention 30 days after service of those amended complaints 438 , Amended Complaint,, 211 .(pj, )
March 24, 2004 PLACED IN FILE - NOT USED re STIPULATION TO EXPAND THE POWERS OF THE RECEIVER submitted by Intervenors Harold Jasper -, Harriet Jasper -. (pj, )
March 22, 2004 Filing 738 PROCESS RECEIPT AND RETURN (USM-285) as to 2nd Eviction regarding Carlos Chavez, David Everett and all occupants on 2/27/04 with an attached order (pj, )
March 22, 2004 Filing 737 PROCESS RECEIPT AND RETURN (USM-285)as to 2nd Eviction regarding Sam Muhamed, Derek Everett and all occupants on 2/27/04 with attached order (pj, )
March 18, 2004 Filing 727 MINUTES IN CHAMBERS: The Motion by Intervenors Harold and Harriet Jasper to expand the powers of the Receiver is hereby CONTINUED on 4/12/2004 at 10:00 AM 593 by Judge Dean D. Pregerson. Court Reporter: None Present. (pj, )
March 15, 2004 Filing 728 NOTICE of abandonment of all interests in 4505 Las Virgenes Road filed by Receiver David J Pasternak. (bp, )
March 15, 2004 Filing 725 TENTH REPORT filed by Receiver David J Pasternak. (pj, )
March 12, 2004 Opinion or Order Filing 726 STIPULATION AND ORDER by Judge Dean D. Pregerson : re MOTION for Protective Order 696 . Motion set for hearing on 4/5/2004 at 10:00 AM before Honorable Dean D. Pregerson.(pj, )
March 11, 2004 Filing 718 NOTICE OF APPLICATION AND APPLICATION for Issuance of of orders authorizing Receiver to sell: 1. 11382 Thurston Circle, Los Angeles, CA 90049; 2. 2100 Roscomare Road, Los Angeles, CA 90077; 3. 2203 Jeffersonia Way, Los Angeles, CA 90049; 4. 2254 Gloaming Way, Los Angeles, CA 90210; 5. 26066 Mulholland Highway, Calabasas, CA 91302; 6. 7333 Via Capri, La Jolla, CA 92037; Real Properties free and clear of all liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to e held by Receiver filed by Receiver David J Pasternak. Lodged proposed orders. (pj, )
March 5, 2004 Filing 723 REPLY to Michael J. Fitzgerald Opposition to Scapa REQUEST for Protective Order 696 filed by Jeffrey Scapa, Scapa and Associates Inc Summit Ridge II LLC. (jp, )
March 5, 2004 Filing 722 PROOF OF SERVICE filed by Receiver David J Pasternak of Court-Appointed receiver opposition to third party deponent Jeffry Scapa "Motion for protective order restricting discovery and taking of depositon"; Supporting declaration of Gautam Dutta; Order denying third party deponent Jeffry Scapa "Motion for Protective Order restricting discovery and taking of depostion", was served on 3/4/04. (jp, )
March 5, 2004 Opinion or Order Filing 721 ORDER by Judge Dean D. Pregerson that the Receiver Application for Issuance of of orders authorizing Receiver to sell: 1. 11382 Thurston Circle, Los Angeles, CA 90049; 2. 2100 Roscomare Road, Los Angeles, CA 90077; 3. 2203 Jeffersonia Way, Los Angeles, CA 90049; 4. 2254 Gloaming Way, Los Angeles, CA 90210; 5. 26066 Mulholland Highway, Calabasas, CA 91302; 6. 7333 Via Capri, La Jolla, CA 92037; Real Properties free and clear of all liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held 718 is GRANTED. The Receiver is hereby authorized to sell the real property commonly known as 1118 Roscomare Road, Los Angeles, California 90077 to Farah Naz Halimi, or her nominee (the "Purchaser"), for the sum of $900,000 (see document for further details). Commissions shall be paid in the amount of $22,500 to Coldwell Banker and $22,500 to Century 21 Exclusive directly from the sale proceeds deposited into escrow. The Court retains jurisdiction over any dispute involving the Receiver with respect to the sale of the Property authorized by this Order. (jp, )
March 5, 2004 Opinion or Order Filing 720 ORDER by Judge Dean D. Pregerson that the Motion 706 is GRANTED; The Receiver shall file with this Court and serve, no later than 7/1/2004, a proposed procedure for notice and submission of claims by potential claimants of the Receivership Estate in the Underlying Action; and Notice relating to the Motion was adequate. (jp, )
March 4, 2004 Filing 719 PROOF OF SERVICE filed by Receiver David J Pasternak. Order denying third-party deponent Jefrey Scapas Motion for Protective Order was served on 3/3/04. (mg, )
March 1, 2004 Filing 717 MINUTES IN CHAMBERS by Judge Dean D. Pregerson EMERGENCY ORDER granting Receiver authority to immediately enter and inspect the Receivership Real Property located at 2751 Rambla Pacifico, Los Angeles, California IS VACATED 708 Court Reporter: None Present. (pj, )
March 1, 2004 PLACED IN FILE - NOT USED re PROPOSED EMERGENCY ORDER granting Receiver authority to immediately enter and inspect the Receivership Real Property located at 2751 Rambla Pacifico, Los Angeles, California submitted by Receiver David J Pasternak. (pj, )
March 1, 2004 Filing 705 OPPOSITION to third party Deponent Jeffrey Scapas MOTION for Protective Order 696 filed by Receiver David J Pasternak. (pj, )
March 1, 2004 Filing 704 OPPOSITION to MOTION for Protective Order 696 filed by defendant Michael Fitzgerald. (pj, )
March 1, 2004 Opinion or Order Filing 697 ORDER CLARIFYING COURT'S DECEMBER 11, 2003 ORDER by Judge Dean D. Pregerson : The Court CLARIFIES the Michaelis motion to remand is denied 602 602 (pj, )
February 27, 2004 Opinion or Order Filing 716 ORDER by Judge Dean D. Pregerson : 713 ORDER for Temporary Restraining Order to postphone or cancel the tax sale of Los Angeles County Treasurer of the Real Property located at 1787 Summitridge Beverly Hills, California 90212, APN: 4355-009-016 scheduled on Monday March 1, 2004 and March 2, 2004 at 9:00 am filed by Receiver PTD Partners LLC, (pj, )
February 27, 2004 Filing 715 DECLARATION of RICHARD P ORMOND 713 filed by Receiver PTD Partners LLC, David J Pasternak. (pj, )
February 27, 2004 Filing 714 DECLARATION of RICHARD P ORMOND 713 filed by RICHARD P ORMOND David J Pasternak. (pj, )
February 27, 2004 Filing 713 EMERGENCY EX PARTE APPLICATION for Temporary Restraining Order to postphone or cancel the tax sale of Los Angeles County Treasurer of the Real Property located at 1787 Summitridge Beverly Hills, California 90212, APN: 4355-009-016 scheduled on Monday March 1, 2004 and March 2, 2004 at 9:00 am filed by Receiver PTD Partners LLC, David J Pasternak. Lodged proposed order. (pj, )
February 27, 2004 Opinion or Order Filing 712 ORDER by Judge Dean D. Pregerson : GRANTING 698 Receiver Nunc Pro Tunc authority to approve sale of real property located at 200 Delfern, Los Angeles, California 90077 real property (pj, )
February 26, 2004 Opinion or Order Filing 711 ORDER by Judge Dean D. Pregerson: For the reasons set forth in Plaintiff/Intervenor RBC Mortgage Company of Californias (RBC) Statement of Non-Opposition, and good cause appearing, it is hereby ordered that: 1)The first cause of action in RBCs complaint in intervention is dismissed without prejudice as to defendants Lila Rizk and Scott Robinson; 2)Defendants Lila Rizk and Scott Robinsons MOTION to Dismiss 625 , which is currently calendared for 3/1/04, is taken off calendar. Motion terminated: 625 .(mg, )
February 26, 2004 Filing 710 DECLARATION of Richard P. Ormond regarding Notice pursuant to LR 7-19.1 filed by Receiver David J Pasternak. (mg, )
February 26, 2004 Filing 709 DECLARATION of David J. Pasternak in support of EMERGENCY EX PARTE APPLICATION for entry of an Order 708 filed by Receiver David J Pasternak. (mg, )
February 26, 2004 Filing 708 EMERGENCY EX PARTE APPLICATION granting Receiver authority to immediately enter and inspect the Receivership Real Property located at 2751 Rambla Pacifico, Los Angeles, California; filed by Receiver David J Pasternak. Lodged proposed order. (mg, )
February 26, 2004 Filing 707 DECLARATION of David J. Pasternak in support of EX PARTE APPLICATION for Issuance of Order 706 filed by Receiver David J Pasternak. (mg, )
February 26, 2004 Filing 706 EX PARTE APPLICATION for Issuance of Order granting Receiver 90 day extension to file and serve his proposed procedure for notice and submission of claims by potential claimants of the Receivership Estate; Memorandum of points and authorities; Filed by Receiver David J Pasternak. Lodged proposed order. (mg, )
February 24, 2004 Opinion or Order Filing 703 ORDER by Judge Dean D. Pregerson : granting 691 Ex Parte Application for Order regarding tax filings and nunc pro tunc retention of additional tax counsel (pj, )
February 24, 2004 Filing 702 PROCESS RECEIPT AND RETURN (USM-285) of eviction on 1050 Stradella Road, Los Angeles, 90077 with 2 Deputies on 2/19/04 with attached notice to vacate, and order to enter the receivership real properties etc 677 , (pj, )
February 24, 2004 Filing 701 PROCESS RECEIPT AND RETURN (USM-285) of eviction on 815 Stradella Road, Los Angeles, CA 90077 with 2 deputies on 2/19/04 (pj, )
February 24, 2004 Filing 700 DECLARATION of RICHARD P ORMOND REGARDING NOTICE PURSUANT TO LR 7-19.1 filed by Receiver David J Pasternak. (pj, )
February 24, 2004 Filing 699 DECLARATION of DAVID J PASTERNAK IN SUPPORT re EX PARTE APPLICATION for Order 698 filed by Receiver David J Pasternak. (pj, )
February 24, 2004 Filing 698 EMERGENCY EX PARTE APPLICATION for issuance of order granting Receiver nunc pro tunc authority to consent to sale of real property located at 200 Delfern, Los Angeles, California 90077 Real Property; memorandum of points and authroities filed by Receiver David J Pasternak. Lodged proposed order. (pj, )
February 24, 2004 PLACED IN FILE - NOT USED re PROPOSED ORDER GRANTING MOTION FOR CERTIFICATION submitted by Non-Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
February 24, 2004 PLACED IN FILE - NOT USED re PROPOSED ORDER GRANTING MOTION FOR CLARIFICATION submitted by Non Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
February 24, 2004 PLACED IN FILE - NOT USED re ORDER DENYING CERTAIN NON PARTIES MOTION FOR CLARIFICATION submitted by Receiver David J Pasternak. (pj, )
February 23, 2004 Filing 724 MINUTES held before Judge Dean D. Pregerson : Court hears oral argument and takes the matter under submission. Court Reporter: Beth Esther Zaccaro. (yc, )
February 19, 2004 Filing 696 NOTICE OF MOTION AND MOTION for Protective Order restricting discovery and taking of deposition; Memorandum of apoints and authorities; supporting declarations of Jeffry Scapa and Robert B Scapa filed by deponent Jeffry Scapa; Scapa and Associates, Inc. Motion set for hearing on 3/15/2004 at 10:00 AM before Honorable Dean D. Pregerson. (shb, )
February 19, 2004 Opinion or Order Filing 695 ORDER AUTHORIZING RECEIVER TO SELL 1440 Davies Drive, Los Angeles, California 91210 Real Property Free and Clear of all Liens and Interests: IT IS ORDERED, ADJUDGED AND DECREED that: 1.) The Receiver's Application for Issuance of Order Authorizing Receiver to Sell 1440 Davies Drive, Los Angeles CA 90210 Real Property Free and Clear of All Liens and Interests And for Any Unsatisfied Junior Liens to Attach to Segregated Sale proceeds, if any, to be held by Receiver is granted; 2.) The Receiver is hereby authorized to sell the real property to Adam Shapiro, or his nominee (the "Purchaser"), for the sum of $1,065,000. 3.) The Receiver is authorized to sell the Property to the Purchaser on the terms substantially similar to those set forth in the original Sale Agreement; The Receiver is authorized to pay out of the sale proceeds ;and thourgh the escrow all undisputed liens affecting the Property in the original (see docment for further details) by Judge Dean D. Pregerson,(yl, )
February 19, 2004 Opinion or Order Filing 694 ORDER AUTHORIZING RECEIVER TO Sell 202 Wikil Place, Palm Desert, Cal 92270 Furnished Real Property Free and Clear of All Liens and Interests: IT IS ORDERED, ADJUDGED AND DECREED that: 1.)The Receiver's application for Issuance of Order Authorizing Receiver to Sell 202 Wikil Place, Palm Desert, California 92270 Furnished Real Proerty Free and Clear of All Liens and Interests 2.) The Receiver is hereby authorized to sell the furnished real property commonly known as 202 Wikil Place, Palm Desert, CA 92270 to Steven A. Ozonian and Lynn T. Ozonian, or their nominee (the "Purchaser"), for the sum of $1,450,000 3.) The Receiver is authorized to sell the Property to the Purchaser on the terms substantially similar to those set forth in the original sale agreement submitted to the Court by the Receiver, ans such sale is confirmed (See Order for further details) by Judge Dean D. Pregerson,(yl, ) Modified on 2/25/2004 (yl, ).
February 19, 2004 Opinion or Order Filing 693 ORDER AUTHORIZING RECEIVER TO Sell 1433 Roscomare Road, Los Angeles, CA Real Property Free and Clear of All Liens and Interests: IT IS ORDERED, ADJUDGED AND DECREED that: 1. The Receiver's application for issuance of Order authorizing receiver to sell 1433 Roscomare Road, Los Angeles, CA Real Property Free and Clear of All Liens and Interests, and for any unsatisfied Junior Liens to Attach to Segregated Sale Proceeds, if any, to be held by Receiver is granted; 2. The Receiver is hereby authorized to sell the real property to Keith R. Sarkisian, or his nominee for the sum of $990,000. 3. The Receiver is authorized to sell the property to the purchaser on terms substantially similar to those set forth in the original Sale Agreement submitted by the Court by the Receiver, and such sale is confirmed. ; the senior deed of trust originally in favor of New Century Title Co, dba Americorp, the beneficial interest of which has since transferred to Mortgage Electronic Registration Systems, Inc., in the original amount of $1,485.00; the Court retains jurisdiction over all dispute involving the Receiver with respect to the sale of the Property authorized by this Order by Judge Dean D. Pregerson (Please see document for further details)(yl, )
February 19, 2004 Opinion or Order Filing 692 STIPULATION AND ORDER REGARDING DISMISSAL Without Prejudice: For the reasons set forth in the Stipulation of the Parties, and good cause appearing, it is hereby ordered that: (1) The first cause action in RBC Mortgage Company of California's Complaint in Intervention is dismissed without prejudice as to Defendants RIZK and ROBINSON; (2) Defendants RIZK and ROBINSON'S Motion to Dismiss, which is currently calendared for hearing on March 1, 2004 is rendered MOOT and therefore taken of calendar. IT IS SO ORDERED by Judge Dean D. Pregerson (yl, )
February 19, 2004 Filing 675 NOTICE OF ABANDONMENT OF ALL INTERESTS IN 2545 BOWMONT DRIVE, LOS ANGELES CALIFORNIA filed by Plaintiff David J Pasternak. (pj, )
February 19, 2004 Opinion or Order Filing 673 STIPULATION AND ORDER REGARDING NOTICE OF CONSUMER PRIVACY RIGHTS by Judge Dean D. Pregerson :(pj, )
February 19, 2004 Filing 672 MINUTES IN CHAMBERS: Motion by Intervenors Harold and Harriet Jasper to expand the powers of the Receiver Filed on 1/9/04 is hereby continued from February 23, 2004 to 3/22/2004 at 10:00 AM by Judge Dean D. Pregerson. Court Reporter: None Present. 593 (pj, )
February 18, 2004 Filing 691 EX PARTE APPLICATION for Order Regarding Tax Filings and Nunc Pro Tunc Retention of Additional Tax Counsel; Declaration of David J. Pasternak filed by Receiver David J Pasternak; Lodged Proposed Order. (yl, )
February 17, 2004 Filing 690 DECLARATION of John W. Patton, Jr filed by Receiver David J Pasternak. (yl, )
February 17, 2004 Filing 689 DECLARATION OF RICHARD P. ORMOND Regarding Notice Pursuant to LR 7-19.1 filed by Receiver David J Pasternak. The Emergency Ex Parte Application for Entry of An Order Granting Receiver Authority to Immediately Enter the Receivership Real Properties located at (see document for further details) was served on 2/13/2004. (yl, )
February 17, 2004 Filing 688 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition [D. Everett](yl, )
February 17, 2004 Filing 687 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition [S Ward](yl, )
February 17, 2004 Filing 686 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition(yl, )
February 17, 2004 Filing 685 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition [D. Everett](yl, )
February 17, 2004 Filing 684 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition (yl, )
February 17, 2004 Filing 683 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition [D. Anthony](yl, )
February 17, 2004 Filing 682 REPORTER'S DECLARATION REGARDING FAILURE of Witness to Appear for the Taking of His Deposition [S. Ward] (yl, )
February 17, 2004 Filing 681 DECLARATION of Robert J. Pelleymounter Regarding Failure of Witness to Appear for the Taking of his Deposition [C. Chavez] (yl, )
February 17, 2004 Filing 680 DECLARATION of David J. Pasternak in Support of EMERGENCY EX PARTE APPLICATION for Order 676 filed by Receiver David J Pasternak. (yl, )
February 17, 2004 Filing 679 DECLARATION of Joseph Farrell filed by Receiver David J Pasternak. (yl, )
February 17, 2004 Filing 678 ANSWER to Crossclaim of Michael Fitzgerald related to complaint by Plaintiff intevenor RBC; 667 , 658 with Jury Demand filed by Cross-Defendant Virginia Grindley.(pj, )
February 17, 2004 Opinion or Order Filing 677 ORDER by Judge Dean D. Pregerson : GRANTING Receiver authority to immediately enter the receivership real properties located at 1) 815 Stradella, Los Angeles, California and 2) 1050 Stradella, Los Angeles, California and for order granting Receiver authority to immediately evict any all persons unlawfully residing at such real properties sand remove all personal property locatd at these real properties filed 676 (pj, )
February 17, 2004 Filing 676 EX PARTE APPLICATION for entry of an order granting Receiver authority to immediately enter the receivership real properties located at 1) 815 Stradella, Los Angeles, California and 2) 1050 Stradella, Los Angeles, California and for order granting Receiver authority to immediately evict any all persons unlawfully residing at such real properties sand remove all personal property locatd at these real properties filed by Receiver PTD Partners LLC, David J Pasternak. Lodged order. (pj, )
February 17, 2004 Filing 674 SUPPLEMENTAL APPLICATION for Issuance of of orders authorizing Receiver to sell: 1118 Roscomare Road, Los Angeles, CA 90077 661 filed by Receiver David J Pasternak. (pj, )
February 17, 2004 Filing 671 AMENDED PROOF OF CLAIM FOR TAXES filed by Claimant D B Krauter. 670 (pj, )
February 13, 2004 Filing 669 REPLY BRIEF IN SUPPORT OF MOTION for clarification 602 filed by Non-Parties Clinton K Michaelis, Geraldine W Michaelis. (pj, )
February 13, 2004 Filing 668 STATEMENT of OF NON-OPPOSITION TO DEFENDANTS MOTION to Dismiss plaintiff/intervenor RBC Mortgage Company's RICO Claim (First Cause of Action) 625 filed by Intervenor RBC Mortgage Company of California. (pj, )
February 9, 2004 Filing 665 NOTICE of Related Case(s) filed by Receiver David J Pasternak. Related Case(s): CV 03-6479 DDP (PLAx) (rn, )
February 9, 2004 Filing 664 OPPOSITION to MOTION to Certification of Court's December 11, 2003 order or in the alternative certification 602 filed by Receiver David J Pasternak. (pj, )
February 9, 2004 Filing 663 STIPULATION AND ORER that the deadline for defendants to respond to Lehman Brothers Second Amended complaint shall be extended. Defendants Joseph Babajian answer due 3/19/2004; Kyle Grasso answer due 3/19/2004 by Judge Dean D. Pregerson, by Judge Dean D. Pregerson :(pj, )
February 6, 2004 Filing 667 CROSSCLAIM against Cross Defendants Mark Abrams, Peggy Abrams -, Beverly Hills Construction Management Inc, Beverly Hills Estates Funding Inc, Cospec Inc, Desert Pacific Financial Inc, Charles Elliott Fitzgerald, Meya Fitzgerald, Virginia Grindley, Timothy Holland , filed by Defendant Michael Fitzgerald.(pj, )
February 6, 2004 Filing 661 APPLICATION for Issuance of of orders authorizing Receiver to sell: 1. 1118 Roscomare Road, Los Angeles, CA 90077; 2. 1433 Roscomare Road, Los Angeles CA 90077; 3. 1440 Davies Drive, Los Angeles, Ca 90210; and 4. 202 Wikil Place, Palm Desert, CA 92270 (including furnishings) real properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver; declaration of David J Pasternak filed by Receiver David J Pasternak. Lodged proposed four orders. (pj, )
February 5, 2004 Opinion or Order Filing 666 STIPULATION AND ORDER by Judge Dean D. Pregerson to dismiss counterclaim filed by defendant Michael Fitzgerald against plaintiff Lehman Brothers Bank without prejudice. Each parties are bearing their own costs and attorneys fees.m 428 ., Lehman Brothers Bank FSB; Charles Elliott Fitzgerald and Michael Fitzgerald terminated.(pj, )
February 5, 2004 Filing 662 Substitution of Attorney filed. Jan R Van Orman In Pro Per in place and stead of attorney Michael H Rosenstein by Judge Dean D. Pregerson. (pj, )
February 4, 2004 Filing 659 STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT OF PLAINTIFF INTERVENOR RBC MORTGAGE CO OF CALIFORNIA Intervenor Defendants Joseph Babajian answer due 3/19/2004; Kyle Grasso answer due 3/19/2004 by Judge Dean D. Pregerson, (pj, )
February 3, 2004 Filing 651 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/17/03 Court Reporter: Beth Zaccaro, related to CV 03-6479 and CV 03-5487 (weap, )
February 3, 2004 TRANSCRIPT filed for proceedings held on 11/17/03. Court Reporter: Beth Zaccaro. (weap, )
February 2, 2004 Filing 660 ANSWER OF DEFENDANT MICHAEL FITZGERALD TO COMPLAINT FILED on 10/2104 by Intervenor RBC Mortgage Company of California 438 .(pj, )
February 2, 2004 Filing 648 DEFAULT BY CLERK ENTERED as to Intervenor Defendants Beverly Hills Estates Funding Inc a California corporationdba Estates Funding and On Time EscrowDesert Pacific Financial Inc a California corporationdba Majestic Realty and Platinum EscrowPTD Partners LLC a California limited liabilitycompanydba Estates Property ManagementS.D. Estates Property ManagementS.F. Estates Property ManagementWestside Property ManagementWLA Management Group (pj, )
January 30, 2004 Filing 670 PROOF OF CLAIM FOR TAXES filed by D B Krauter (pj, )
January 30, 2004 Opinion or Order Filing 644 ORDER by Judge Dean D. Pregerson : granting 641 Ex Parte Application for Temporary Restraining Order to postphone or cancel of Ocwen Federal Bank FSB of the Real Property located at 2970 Helen Court, Newbury Park, California scheduled on Tuesday February 3, 2004 at 11:00am filed by Receiver. Ocwen Federal Bank and Cal-Western Reconveyance Corporation cannot proceed with the Trustee's Sale of the Property currently scheduled for February 3, 2004 until an order is entered by this Court lifting the restraining order and notice relating to the motion was adequate (pj, )
January 30, 2004 Filing 640 MINUTES IN CHAMBERS: The Motion for clarification or certification is hereby CONTINUED to 2/23/2004 at 10:00 AM 602 . The motion filed on January 22, 2004 docket 606 IS VACATED by Honorable Dean D. Pregerson. Court Reporter: None Present. (pj, )
January 30, 2004 Filing 638 DEFAULT BY CLERK ENTERED AS TO INTERVENORS COMPLAINT RBC MORTGAGE COMPANY OF CALIFORNIA as to Intervenor Defendants 1261 Angelo Drive LLC, 1407 Davies Drive LLC, 1777 Summit Ridge LLC, 2601 Bowmont Drive LLC, Beverly Hills Construction Management, LLC, Cospec Inc, David Stephen Eisenberg, Robert Holland, Rodeo Financial LLC, Wilshire Equipment Rentals, Inc (pj, )
January 30, 2004 Filing 627 MINUTES IN CHAMBERS: On Tuesday, January 27, 2004, the intervenor for RBC Mortgage Company of California file several documents entitled " Request to enter Default". Said documents incorrectly refer to "RBC First Amended Complaint". The Court CONSTRUES the reference to RBC First amended complaint as INTERVENOR RBC'S COMPLAINT by Judge Dean D. Pregerson : Court Reporter: None Present. (pj, )
January 29, 2004 Filing 649 NINTH REPORT filed by Receiver David J Pasternak. (pj, )
January 28, 2004 Filing 626 MINUTES In Chambers 593 Intervenors Harold and Harriet Jasper's Motion to expand the powers of the Receiver filed on 1/9/04 is hereby continued from February 2, 2004 to 2/23/2004 at 10:00 AM before Honorable Dean D. Pregerson. Court Reporter: None Present. (pj, )
January 27, 2004 Filing 657 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant, Cross Claimant Michael Fitzgerald. (jp, )
January 27, 2004 Opinion or Order Filing 656 Order by Judge Dean D. Pregerson authorizing Receiver to sell 29517 Harvester Road, Malibu, CA 90265-3815 real property free and clear of all liens and interests 589 (pj, )
January 27, 2004 Opinion or Order Filing 655 Order by Judge Dean D. Pregerson authorizing Receiver to sell 9373 Claircrest Drive, Los Angeles, CA 90210 real property free and clear of all liens and interests 589 (pj, )
January 27, 2004 Opinion or Order Filing 654 Order by Judge Dean D. Pregerson authorizing Receiver to sell 2577 California Street, San Francisco, CA 94115-2615 real property free and clear of all liens and interests 589 (pj, )
January 27, 2004 Opinion or Order Filing 653 ORDER by Judge Dean D. Pregerson authorizing to sell 2074 Benedict Canyon Drive, Los Angeles, CA 90210 Real Property Free and clear of all liens and interests. The Receiver is hereby authorized to sell the real property to James Ariagno or his nominee for $915,000: 589 (pj, )
January 27, 2004 Opinion or Order Filing 652 ORDER by Judge Dean D. Pregerson authorizing to sell 1050 Stradella Road, Los Angeles CA 90077 Real Property Free and Clear of all liens and interests. The Receiver is hereby authorized to sell the real property to Dr. Robert Hosseini and Mojgan Hashemi or their nominee for $1,105,000: 589 (pj, )
January 27, 2004 Filing 650 REPLY TO OPPOSITION TO THE JASPERS MOTION TO EXPAND POWERS 593 filed by Intervenors Harold Jasper -, Harriet Jasper -. (pj, )
January 27, 2004 Filing 647 REQUEST for Entry of Default AND DECLARATION OF BRIAN T GLENNON. Service pursuant to FRCP 24(c)and 5(b) Defendant PTD Partners LLC a California limited liabilitycompanydba Estates Property ManagementS.D. Estates Property ManagementS.F. Estates Property ManagementWestside Property ManagementWLA Management Group filed by Invervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 646 REQUEST for Entry of Default Beverly Hills Estates Funding Inc dba Estates Funding and On Time Escrow filed by Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 645 REQUEST for Entry of Default defendant Desert Pacific Financial Inc dba Majestic Realty and Platinum Escrow filed by Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 643 DECLARATION of DAVID J PASTERNAK IN SUPPORT re EX PARTE APPLICATION for Temporary Restraining Order 641 filed by Receiver David J Pasternak. (pj, )
January 27, 2004 Filing 642 DECLARATION of RICHARD P ORMOND re EX PARTE APPLICATION for Temporary Restraining Order 641 filed by Receiver David J Pasternak. (pj, )
January 27, 2004 Filing 641 EX PARTE APPLICATION for Temporary Restraining Order to postphone or cancel of Ocwen Federal Bank FSB of the Real Property located at 2970 Helen Court, Newbury Park, California scheduled on Tuesday February 3, 2004 at 11:00am filed by Receiver David J Pasternak. Lodged order. (pj, )
January 27, 2004 Filing 639 Substitution of Attorney filed. Substituting defendant David Compton in pro per in place and stead of attorney Joel David Deutsch and John L Hosack by Judge Dean D. Pregerson. (jp, )
January 27, 2004 Filing 637 REQUEST for Entry of Default defendant Cospec Inc a California corporation filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 636 REQUEST for Entry of Default defendant 1777 Summit Ridge LLC a California limited liability company filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 635 REQUEST for Entry of Default defendant Beverly Hills Construction Management, LLC a California limited liability company filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 634 REQUEST for Entry of Default defendant Rodeo Financial LLC a California limited liability company filed by Plaintiff/Invervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 633 REQUEST for Entry of Default Defendant 2601 Bowmont Drive LLC a California limited liability company filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 632 REQUEST for Entry of Default defendant David Stephen Eisenberg filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 631 REQUEST for Entry of Default 1407 Davies Drive LLC a California limited liability Company filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 630 REQUEST for Entry of Default defendant Wilshire Equipment Rentals, Inc a California corporation filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 629 REQUEST for Entry of Default defendant 1261 Angelo Drive LLC a California limited liability Company filed by Plaintiff/Intervenor RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 628 REQUEST for Entry of Default defendant Robert Holland filed by Intervenor Plaintiff RBC Mortgage Company of California. (pj, )
January 27, 2004 Filing 624 Substitution of Attorney filed. Defendant Donna Compton in Pro Per in place and stead of John L Hosack of Jeffer Mangels Butler and Marmaro by Judge Dean D. Pregerson. (pj, )
January 27, 2004 Filing 623 Substitution of Attorney filed. Defendant Heather Compton in Pro Per in place and stead of John L Hosack of Jeffer Mangels Butler and Marmaro by Judge Dean D. Pregerson. (pj, )
January 27, 2004 Filing 622 Substitution of Attorney filed. Matthew Todd Compton Pro Per in place and stead of John L Hosack of Jeffer, Mangels, Butler and Marmaro by Judge Dean D. Pregerson. (pj, )
January 27, 2004 Opinion or Order Filing 621 NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Answer to first amended Intervenors complaint submitted by Intervenor Defendant Michael Fitzgerald is not to be filed but instead rejected. Denial based on: Docket sheet does not show when the first amended intervenor complaint was filed.(pj, )
January 27, 2004 Filing 620 Substitution of Attorney filed. Peggy Abrams In Pro Per in place and stead of attorney Stanley I Greenberg by Judge Dean D. Pregerson. (pj, )
January 27, 2004 Opinion or Order Filing 610 ORDER by Judge Dean D. Pregerson : GRANTING Request to Strike answer of Defendant Judith Rebasz Blanchard to Intervenors RBC Mortgage Company of California complaint filed December 10, 2003 600 556 (pj, )
January 27, 2004 Filing 608 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/17/03, Oral Argument on Motion to Remand; Court Reporter: Beth Zaccaro; Re: Appeal to Circuit Court 576 . (pjap, )
January 26, 2004 Filing 658 CROSSCLAIM against Cross Defendants Mark Abrams, Peggy Abrams -, Beverly Hills Construction Management Inc, Beverly Hills Estates Funding Inc, Cospec Inc, Desert Pacific Financial Inc, Charles Elliott Fitzgerald, Meya Fitzgerald, Virginia Grindley, Timothy Holland, filed by Defendant, Cross Claimant Michael Fitzgerald.(jp, )
January 23, 2004 Filing 625 NOTICE OF MOTION AND MOTION to Dismiss plaintiff/intervenor RBC Mortgage Company's RICO Claim (First Cause of Action); Memorandum of Points and Authority; filed by defendants Lila Rizk, Scott Robinson; Motion set for hearing on 3/1/2004 at 10:00 AM before Honorable Dean D. Pregerson. (hg, )
January 23, 2004 Filing 611 NOTICE of Interested Parties filed by Intervenor Defendants Lila Rizk, Scott Robinson. (pj, )
January 22, 2004 Filing 619 CERTIFICATION AND NOTICE of Interested Parties filed by Intervenor Defendant Matthew Todd Compton. (pj, )
January 22, 2004 Filing 618 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Donna Compton. (pj, )
January 22, 2004 Filing 617 ANSWER to Intervenor's RBC Mortgage Company of California Complaint 438 filed by Defendant Matthew Todd Compton sued herein Matthew Todd Compton; Matthew Todd Compton dba Pacific California Estates Realty; Matthew Todd Compton dba Estates Escrow; Matthew Todd Compton dba Star Escrow; Demand For Trial by Jury(pj, )
January 22, 2004 Filing 616 CERTIFICATION AND NOTICE of Interested Parties filed by Intervenor Defendant David Compton. (pj, )
January 22, 2004 Filing 615 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Heather Compton. (pj, )
January 22, 2004 Filing 614 ANSWER to Intervenor's RBC Mortgage Company of California Complaint 438 filed by Intervenor Defendant David Compton. Trial by jury (pj, )
January 22, 2004 Filing 613 ANSWER to Intervenor's RBC Morgage Company Complaint 438 filed by Defendant Heather Compton. Jury Trial(pj, )
January 22, 2004 Filing 612 ANSWER to Intervenor's RBC Mortgage Company Complaint 438 filed by Defendant Donna Compton and Demand for Trial by Jury(pj, )
January 22, 2004 Filing 609 NOTICE RE PROOF OF SERVICE filed by Defendant Herbert I Abrams. (pj, )
January 22, 2004 Filing 606 AMENDED to MOTION for clarification or in the alternative certification 602 filed by Non Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
January 22, 2004 Set/Reset Deadlines as to 602 MOTION to Certify. Motion set for hearing on 2/23/2004 at 10:00 AM before Honorable Dean D. Pregerson pursuant to amended notice of motion filed on January 22, 2004 document number 606 (pj, )
January 20, 2004 Filing 605 OPPOSITION to Intervenors' MOTION to expand power of Receiver 593 filed by Defendant Herbert I Abrams. (pj, )
January 20, 2004 Filing 604 OPPOSITION to expand the powers of the Receiver 593 filed by Defendant Mark Abrams. (pj, )
January 16, 2004 Opinion or Order Filing 607 NOTICE OF DISCREPANCY AND ORDER: that document entitled 2 proofs of claim for taxes submitted by State of California on 1/14/04 is not to be filed but instead REJECTED and is ordered returned to counsel. Improper Format; no blue backs, no proofs of service by Judge Dean D. Pregerson,(pj, )
January 16, 2004 PLACED IN FILE - NOT USED re PROPOSED ORDER TO RECEIVER FOR COMMISSION ASSIGNMENT FOR THE SALE OF PROPERTIES LOCATED. (pj, )
January 16, 2004 Opinion or Order Filing 594 ORDER DENYING NON PARTIES APPLICATION FOR ORDER FOR COMMISSION by Judge Dean D. Pregerson, 533 (pj, )
January 15, 2004 Opinion or Order Filing 601 ORDER by Judge Dean D. Pregerson : GRANTED Ex Parte Application for ORDER to authorizing Receiver to enter into settlement regarding Receivership Estates interest in the Real Property located at 655 Sarbonne, Los Angeles, California 590 (pj, )
January 14, 2004 Filing 603 MEMORANDUM OF POINTS AND AUTHROITIES supporting motion for clarification of court's December 11, 2003 order or in the alternative certification of order for appeal 602 filed by Non-Parties Clinton K Michaelis, Geraldine W Michaelis, Union Bank of California. (pj, )
January 14, 2004 Filing 602 NOTICE OF MOTION AND MOTION for clarification of Court's December 11, 2003 order or in the alternative certification filed by Non-Parties Union Bank of California, Geraldine W Michaelis, Clinton K Michaelis. Motion set for hearing on 2/9/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged orders 2. (pj, )
January 14, 2004 Filing 589 NOTICE OF APPLICATION AND RECEIVER'S APPLICATION for Issuance of Orders authorizing receiver to sell: 1. 1050 Stradella Road, Los Angeles, CA 90077; 2. 2074 Benedict Canyon Drive, Los Angeles, Ca 90210; 3. 2577 California Street, San Francisco, CA 94115-2615; 4. 29517 Harvester Road, Malibu, CA 90265-3815; and 5. 9373 Claircrest Drive, Los Angeles, CA 90210; Real properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by receiver filed by Receiver David J Pasternak. Lodged 5 proposed orders. (pj, )
January 14, 2004 Filing 588 MINUTES In Chambers: Beverly Hills Estate Motion to Dismiss the fourteenth claim for relief in the first amended complaint filed on 6/11/03 is hereby VACATED 114 Court Reporter: None Present. (pj, )
January 12, 2004 Filing 600 REQUEST to Strike Answer to Intervenor's complaint filed on December 10, 2003 556 filed by Defendant Judith Rebasz Blanchard. Lodged proposed order. (pj, )
January 12, 2004 Opinion or Order Filing 599 REVISED ORDER AUTHORIZING RECEIVER TO SELL 1507 Tower Grove Drive Los Angeles, California 90210 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS. The Receiver is hereby authorized to sell real property to Kriste L Graves or her assignee for the sum of $1,000,000 by Judge Dean D. Pregerson 573 (pj, )
January 12, 2004 Opinion or Order Filing 598 REVISED ORDER AUTHORIZING RECEIVER TO SELL 1303 Beverly Estates Drive, Los Angeles California 90210 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS. The Receiver is hereby authorized to sell real property to PMC Interests, LLC or its assignee for the sum of $1,175,000 by Judge Dean D. Pregerson 573 (pj, )
January 12, 2004 Opinion or Order Filing 597 REVISED ORDER AUTHORIZING TO SELL 130 Marin View Avenue, Mill Valley, California 94941 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS. The Receiver is hereby authorized to sell real property to Liesl Schneider/Philip and Nancy Schneider or their assignee for the sum of $840,000 by Judge Dean D. Pregerson 573 (pj, )
January 12, 2004 Opinion or Order Filing 596 REVISED ORDER AUTHORIZING TO SELL 1005 Stradella Road, Los Angeles, CA 90077 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS. The Receiver is hereby authorized to sell real property to Rossen and Ivan Valkanov for the sum of $1,259.000 by Judge Dean D. Pregerson 573 (pj, )
January 12, 2004 Opinion or Order Filing 595 REVISED ORDER AUTHORIZING TO SELL 1927 Prosser Avenue, Los Angeles, CA 90025 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS. The Receiver is hereby authorized to sell real property to Pacific Real Estate Group for the sum of $875,000 by Judge Dean D. Pregerson 573 (pj, )
January 9, 2004 PLACED IN FILE - NOT USED ORDER AUTHORIZING TO SELL 1005 Stradella Road, Los Angeles, CA 90077 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS submitted by Receiver David J Pasternak. (pj, )
January 9, 2004 PLACED IN FILE - NOT USED ORDER AUTHORIZING TO SELL 1927 Prosser Avenue, Los Angeles, CA 90025 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS.submitted by Receiver David J Pasternak. (pj, )
January 9, 2004 PLACED IN FILE - NOT USED ORDER AUTHORIZING RECEIVER TO SELL 1303 Beverly Estates Drive, Los Angeles California 90210 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTSsubmitted by Receiver David J Pasternak. (pj, )
January 9, 2004 PLACED IN FILE - NOT USED ORDER AUTHORIZING TO SELL 130 Marin View Avenue, Mill Valley, California 94941 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS submitted by Receiver David J Pasternak. (pj, )
January 9, 2004 PLACED IN FILE - NOT USED ORDER AUTHORIZING RECEIVER TO SELL 1507 Tower Grove Drive Los Angeles, California 90210 REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND INTERESTS submitted by Receiver David J Pasternak. (pj, )
January 9, 2004 Filing 593 NOTICE OF MOTION AND MOTION to expand the powers of the Receiver filed by Intervenors Harold Jasper, Harriet Jasper, Motion set for hearing on 2/2/2004 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed order. (pj, )
January 9, 2004 Filing 592 DECLARATION of RICHARD P ORMOND REGARDING NOTICE filed by Receiver David J Pasternak. (pj, )
January 9, 2004 Filing 591 DECLARATION of DAVID J PASTERNAK IN SUPPORT EX PARTE APPLICATION for ISSUANCE OF ORDER AUTHORIZING RECEIVER TO ENTER Settlement 590 filed by Receiver David J Pasternak. (pj, )
January 9, 2004 Filing 590 EX PARTE APPLICATION for issuance of order authorizing Receiver to enter into Settlement agreement regarding Receivership Estate's property located at 655 Sarbonne, Los Angeles, California filed by Receiver David J Pasternak. Lodged proposed order. (pj, )
January 6, 2004 Filing 586 NOTICE OF CLERICAL ERROR Re: Stipulation and Order On Scheduling CV03-1604 docketed on wrong case see CV03-1604 585 (sm, )
January 6, 2004 Opinion or Order Filing 585 ***CLERICAL ERROR DOCKETED ON WRONG CASE SEE CV03-1604*****STIPULATION AND ORDER ON SCHEDULING by Judge Dean D. Pregerson : It is hereby ordered that Discovery cut-off is 9/13/2004. Last day to file Motions is 9/30/2004. Jury Trial set for 12/7/2004 09:00 AM before Honorable Dean D. Pregerson. Pretrial Conference set for 11/29/2004 04:00 AM before Honorable Dean D. Pregerson.(sm, ) Modified on 1/8/2004 (sm, ).
January 6, 2004 Opinion or Order Filing 583 REVISED ORDER by Judge Dean D. Pregerson authorizing receiver to sell 9250 Robin Drive, Los Angeles, CA 90069 real property free and clear of all liens and interest 567 (sm, )
January 6, 2004 Opinion or Order Filing 582 REVISED ORDER by Judge Dean D. Pregerson authorizing receiver to sell 9250 Robin Drive, Los Angeles, CA 90069 real property free and clear of all liens and interests 565 (sm, )
January 6, 2004 Opinion or Order Filing 581 REVISED ORDER by Judge Dean D. Pregerson authorizing receiver to sell 5401 La Jolla Mesa Drive, La Jolla, CA 92037 Real Property free and clear of all liens and interests re 564 (sm, )
January 6, 2004 Opinion or Order Filing 580 REVISED ORDER by Judge Dean D. Pregerson, re Order authorizing receiver to sell 3333 Beverly Ranch Road, Los Angeles, CA 90210 real property free and clear of all liens and interests 563 (sm, )
January 6, 2004 Opinion or Order Filing 579 NOTICE OF DISCREPANCY AND ORDER: The Ex Parte Application is NOT to be filed, but instead rejected and is ORDERED returned to counsel pursuant to LR 7-19.1-Notice to other parties of ex parte application is lacking by Judge Dean D. Pregerson,(yl, ) Modified on 1/8/2004 (yl, ).
January 5, 2004 Filing 587 RECEIVER'S EIGHTH REPORT (Part I) filed by Receiver David J Pasternak. (yl, )
December 31, 2003 Filing 584 INITIAL DISCLOSURE PURSUANT TO The Federal Rule of Civil Procedure 26(a) (1) filed by Defendant Mark Abrams (yl, )
December 31, 2003 Filing 578 CERTIFICATE of Interested Parties filed by Defendant Mark Abrams. (pj, )
December 31, 2003 Filing 577 REPRESENTATION STATEMENT re appeal [576-1] (weap)
December 31, 2003 Filing 576 NOTICE OF APPEAL by Steve Y. Kim, Trustee, Melvin Markman, Barbara Markman to 9th C/A from Dist. Court Order filed on 12/5/03 and entered on 12/8/03 [543-1] (cc: Michael S. Robinson; David J. Pasternak; Michael L. Wachtell; Mark Joseph Kennedy; Ellyn S. Garofalo; Nathan J. Hochman; Janet Sherman; Russell F. Sauer, Jr.; Gary William Nevers; Stanley I. Greenberg; Scott Wellman; Anthony M. Glassman; Michael Goldsmith; James Robert Evans, Jr; David W. Wiechert; David S. Mclane; kenneth M. Miller; H. Daniel Fuller; Marc C. Rosenberg; Nicile LaViolette; Clark Waddoups; Randy P. Orlik; Mark A. Byrne; John L. Hosack; Ronald P. Slates; Victor A. Sahn; Erica Bastiaans; Erica Bastiaans; Mark J. Linder; Martin B. Jannol; Michael H. Rosenstein; Joshua D. Wayser; Cal-Western Reconveyance Corp; Laurence J. Feinberg; Douglas D. Alani; Gary Gula; R.E.F.S. Inc; Cit Group/Consumer Finance, Inc; Sovoie Construction, Inc; Susan Jay Freeman; Ladner Coatings, Inc; Richard Noone; Ernie Zachary Park; Roya Tabib; Jose Mendoza; Richard P. Ormond; Dr. Mansoor Jacobs; F. Daniel Kharrazi, M.D.; Diane Norman; The Joseph & Gita Living Trust) Fee: Paid (weap)
December 31, 2003 Civil Appeals Docketing Statement forwarded to 9thCCA (weap)
December 30, 2003 Filing 575 PROOF OF SERVICE by receiver David J Pasternak on 12/30/03 of Declaration of Richard P Ormond Regarding revised orders for sale of real property; Revised Proposed Order authorizing receiver to sell 1927 Prosser Ave. Los Angeles, California 90025 Real Property Free and clear of all liens and interests (see document for further details) (mch)
December 30, 2003 Filing 574 DECLARATION of Richard P Ormond by receiver David J Pasternak Regarding Revised Orders for Sale of Real Property (mch)
December 29, 2003 Filing 573 NOTICE OF APPLICATION AND APPLICATION filed by receiver David J Pasternak for issuance of orders authorizing receiver to sell : 1) 1313 Beverly Estates Drive, Los Angeles, CA 90210; 2) 130 Marin View Avenue, Mill Valley, CA 94941; 3) 1927 Prosser Avenue, Los Angeles, CA 90025; 4) 1005 Stradella Road, Los Angeles, CA 90077; and 5) 1507 Tower Grove Drive, Los Angeles, CA 90210; Real properties free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver; Declaration of David J Pasternak; Lodged proposed five orders (mg)
December 24, 2003 Opinion or Order Filing 572 ORDER by Judge Dean D. Pregerson granting ex parte application to waive the attorney client privilege of Charles Elliot Fitzgerald aka Charles Fitzgerald [558-1], granting ex parte application to waive his former right to invoke the owrk product doctrine [558-2] (yl)
December 23, 2003 Opinion or Order Filing 571 STIPULATION TO AMEND COUNTERCLAIM and ORDER by Judge Dean D. Pregerson that the terms and conditions of the foregoing Stipulation are approved. Pursuant to the parties agreement, on or before 01/20/04, M. Fitzgerald will file and serve on Lehman a First Amended Counterclaim, and within twenty days of service of the First Amended Counterclaim, Leham will serve and file a response thereto. (jp)
December 23, 2003 Opinion or Order Filing 570 ORDER by Judge Dean D. Pregerson GRANTING receiver's unopposed ex parte application to compel production of documents by Brian Ostler and Irwin Feinberg [555-1] (jp)
December 18, 2003 Filing 569 NOTICE that Jeffiner Anne Carmassi is no longer counsel of record on the above-entitled case; please serva all subsequent documents on Russell F. Sauer by intervenor RBC Mortgage Co CA (bp)
December 16, 2003 Opinion or Order Filing 568 ORDER by Judge Dean D. Pregerson granting application for order to sell 7) 7333 Via Capri, La Jolla CA 92037 [541-7], real property free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver. The Receiver is hereby authorized to sell the real property to Bernardo Diaz/Bigma Development, LP or to his/its nominee (the "Purchaser"), for the sum of $1,035,000. (see document for specifics and further details) (el)
December 16, 2003 Opinion or Order Filing 567 ORDER by Judge Dean D. Pregerson granting application for order to sell 6) 9250 Robin Drive, Los Angeles, CA 90069-1126 [541-6], real property free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds. The Receiver is hereby authorized to sell to David Pullman, or to his nominee (the "Purchaser"), for the sum of $2,100,000. (see document for further specifics and details) (el)
December 16, 2003 Opinion or Order Filing 566 ORDER by Judge Dean D. Pregerson granting application for order to sell 5) 12945 Mulholland Drive, Beverly Hills CA 90210 [541-5], free and clear of all liens and interest, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver. The Receiver is authorized to sell the property to William David Halfon, or to his nominee (the "Purchaser"), for the sum of $1,125,000. (see document for specifics and further details) (el)
December 16, 2003 Opinion or Order Filing 565 ORDER by Judge Dean D. Pregerson granting application for order to sell 4) 1475 N. Bundy Drive, Los Angeles CA 90025 [541-4]; the Receiver is authorized to sell the real property free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by Receiver, to Ken Berrydane, or to his nominee (the "Purchaser") for the sum of $1,100,000. (see document for specifics and further details) (el)
December 16, 2003 Opinion or Order Filing 564 ORDER by Judge Dean D. Pregerson granting application for order to sell 5401 La Jolla Mesa Drive, La Jolla CA 92037 [541-3], real property free and clear of all liens and interests; authorizing the Receiver to sell the property to Todd Gregory Marchner, or to his niminee (the "Purchaser") for the sum of $828,000. (see document for specifics and further details) (el)
December 16, 2003 Opinion or Order Filing 563 ORDER by Judge Dean D. Pregerson granting application for order to sell 2) 3333 Beverly Ranch road, Los Angeles, CA 90210 [541-2], free and clear of all Liens and Interests and for any unsatisfied Junior Liens to attach to segregated sale proceeds, if any to be held by Receiver; the Receiver is authorized to sell the property o Quidam Intervivos Settlement Trust (c/o Ryan Kavanaugh) or to its nominee (the :Purchaser"). for the sum of $1,200,000. (see document for further details and specifics) (el)
December 16, 2003 Opinion or Order Filing 562 ORDER by Judge Dean D. Pregerson Granting application for issuance of orders authorizing Receiver to sell 1) 2268 Betty lane, Los Angeles, CA 90210 [541-1]; the Reciever is authorized to sell said property to Luigi Galloni, or to his nominee for the sum of $1,050,000 on terms substantially similar to those set forth in the original Sale Agreement submitted by Receiver, and such sale is confirmed (see document for further details) (el)
December 16, 2003 Filing 561 CORRECTION to receiver David J Pasternak's application for order to sell 5) 12945 Mulholland Drive, Beverly Hills CA 90210 [541-5] free and clear of all liens and interests, and for any unsatisfied junior liens to attach to segregated sale proceeds, if any, to be held by receiver; Declaration of David J Pasternak (el)
December 16, 2003 Opinion or Order Filing 560 STIPULATION and ORDER by Judge Dean D. Pregerson that Defendants JOSEPH BABJIAN, KYLE GRASSO, MATTHEW TODD COMPTON (individually, and on behalf of PACIFIC CALIFORNIA ESTATES REALTY, ESTATES ESCROW and STAR ESCROW), DAVID COMPTON, DONNA COMPTON, HEATHER COMPTON, MICHAEL FITZGERALD, LILA RIZK and SCOTT ROBINSON shall have to and including 1/23/04 within which to answer or othrwise respond to the First Amended Complaint of Plaintiff/Intervenor RBC Mortgage Company of California (el)
December 16, 2003 Opinion or Order Filing 559 STIPULATION and ORDER by Judge Dean D. Pregerson that Ostler will not oppose the court-appointed Receiver's ex parte application to compel of documents by Brian Ostler [555-1], responsive to the Receiver's 7/18/03 subpoena to Ostler, subject to the following conditions: (see document for specifics); both the Receiver and Ostler shall bear their own fees and costs. No sanctions shall be ordered. (el)
December 12, 2003 Filing 558 EX PARTE APPLICATION filed by receiver David J Pasternak to waive the attorney client privilege of Charles Elliot Fitzgerald aka Charles Fitzgerald , to waive his former counsels right to invoke the owrk product doctrine Lodged order (pj)
December 12, 2003 Filing 557 ANSWER TO COUNTERCLAIM [492-2] by counter-defendant RBC Mortgage Co CA (pj)
December 11, 2003 Filing 555 EX PARTE APPLICATION filed by receiver David J Pasternak to compel production of documents by Brian Ostler and Irwin Feinberg (pj)
December 11, 2003 Filing 554 SPECIAL REPORT RE MEETINGS WITH POTENTIAL CLAIMANTS filed by receiver David J Pasternak (pj)
December 11, 2003 Opinion or Order Filing 553 ORDER regarding administration of receivership estates and related actions by Judge Dean D. Pregerson (See order for specific details) (shb)
December 11, 2003 PLACED IN FILE - NOT USED PROPSOED ORDER REGARDING ADMINISTRATION OF RECEIVERSHIP ESTATE AND RELATED ACTIONS (pj)
December 10, 2003 Filing 556 ANSWER filed by intervenor defendant Judith Rebasz Blanchard RBC Mortgage Company of California Intervnor's complaint [438-1] (pj)
December 9, 2003 Filing 552 OBJECTIONS filed by movant Clinton K Michaelis to REVISED PROPOSED ORDER REGARDING ADMINISTRATION OF RECEIVERSHIP ESTATE AND RELATED ACTIONS (pj)
December 9, 2003 Filing 550 INTERVENOR'S COMPLAINT by intervenor Harold Jasper, intervenor Harriet Jasper (pj)
December 8, 2003 Opinion or Order Filing 551 ORDER by Judge Dean D. Pregerson authorizing Receiver to sell personal property (RECOVERED JEWELRY) [534-1] (pj)
December 8, 2003 Filing 549 OBJECTIONS filed by Non Parties Steve Y Kim, Melvin Markman, Barbara Markman to Receiver's revised proposed order regarding administration (pj)
December 8, 2003 Opinion or Order Filing 548 ORDER by Judge Dean D. Pregerson GRANTING Jaspers motion for leave to intervene [424-1] (pj)
December 8, 2003 Filing 547 CERTIFICATION OF INTERESTED PARTIES filed by intervenor defendant Garrett Kreditor, 2701 Bowmont, Del Fern, Summit, Sumitt Ridge II, Stradella and 655 Sarbonne (pj)
December 8, 2003 Filing 546 ANSWER filed by Defendants Garrett Kreditor, 2701 Bowmont Drive, Del Fern LLC, Summit Ridge LLC, Summit Ridge II LLC, Stradella LLC, 655 Sarbonne LLC to Intervenor RBC Mortgage Company of California complaint [438-1]; jury demand (pj)
December 5, 2003 Opinion or Order Filing 544 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer RBC Mortgage Company of California Intervenor complaint [438-1] to 12/8/03 as to intervenor defendant Judith Rebasz Blanchard (pj)
December 5, 2003 Opinion or Order Filing 543 ORDER by Judge Dean D. Pregerson authorizing Receiver to SELL 624 N. Maple Dr., BH 90210 real property free and clear and all liens and interests with any unsatisfied junior liens to attach to segreated sale proceeds, if any to be held by Receiver [533-1] (pj)
December 5, 2003 Opinion or Order Filing 542 ORDER by Judge Dean D. Pregerson authorizing to SELL 626 N. Maple Dr., BH 90210 and clear of all liens and interests with any unsatisified junior liens to attach to segregated sale process if any to be held by Receiver [533-1] (pj)
December 5, 2003 Filing 541 NOTICE OF APPLICATION filed by receiver David J Pasternak for issuance of orders authorizing Receiver to sell 1) 2268 Betty lane, Los Angeles, CA 90210 , for order to sell 2) 3333 Beverly Ranch road, Los Angeles, CA 90210 , for order to sell 5401 La Jolla Mesa Drive, La Jolla CA 92037 , for order to sell 4) 1475 N. Bundy Drive, Los Angeles CA 90025 , for order to sell 5) 12945 Mulholland Drive, Beverly Hills CA 90210 , for order to sell 6) 9250 Robin Drive, Los Angeles, CA 90069-1126 , for order to sell 7) 7333 Via Capri, La Jolla CA 92037 Lodged orders 7 (pj)
December 4, 2003 Filing 540 STIPULATION filed to extend time to answer RBC Intervenor's complaint [438-1] to 12/19/03 as to intervenor defendant Scott Robinson, intervenor defendant Lila Rizk (pj)
December 4, 2003 Opinion or Order Filing 539 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer complaint [438-1] to 12/8/03 as to intervenor defendant Garrett Kreditor, 2701 Bowmont Drive, intervenor defendant Del Fern LLC, Stardella LLC (pj)
December 4, 2003 Opinion or Order Filing 538 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer RBC Intervenor complaint [438-1] to 12/24/03 as to defendant Michael Fitzgerald (pj)
December 4, 2003 Opinion or Order Filing 537 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer RBC Mortgage Company Interveors complaint [438-1] to 12/24/03 as to Matthew Todd Compton, Matthew Todd Compton, David Compton, Donna Compton, Heather Compton (pj)
December 4, 2003 Filing 536 DECLARATION of RICHARD P. ORMOND by receiver David J Pasternak regarding notice pursuant LR 7-19.1 (jp)
December 4, 2003 Filing 535 DECLARATION of david j. pasternak by receiver David J Pasternak in support of ex parte application for issuance of Order authorizing sale of personal property (RECOVERED JEWELRY) [534-1] (jp)
December 4, 2003 Filing 534 EX PARTE APPLICATION filed by receiver David J Pasternak for issuance of Order authorizing sale of personal property (RECOVERED JEWELRY) ; Memorandum of Points and Authorities; Lodged Order (jp)
December 3, 2003 Filing 533 APPLICATION and REQUEST filed by non-parties to consider our position as "Procuring cause" for the sale of propoerties at 1: 624 N. Maple Dr., BH 90210 and 2: 626 N. Maple Dr., BH 90210 and assign commission to Coldwell Banker and Beverly Hills Best Inc. from the sale proceeds due to receiver ; Lodged Proposed order (jp)
December 3, 2003 Filing 528 OBJECTIONS filed by interested parties Steve Y Kim, Melvin Markman to receiver's new arguments on his application to sell 624 and 626 North Maple Drive properties (jp)
December 3, 2003 Opinion or Order Filing 527 STIPULATION and ORDER by Judge Dean D. Pregerson that intervenor defenants Garrett Kreditor, 2701 Bowmont Drive, Del Fern LLC, Stradella LLC shll have to and including 12/08/03 within which to answer or otherwise respond to the complaint in intervene [438-1] (jp)
December 3, 2003 Filing 526 ANSWER filed by intervenor defendant Nicole LaViolette to Intervenor RBC Morgage Company of California complaint complaint [438-1]; jury demand (pj)
December 3, 2003 Opinion or Order Filing 525 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering answer to first amended complaint of Intervenors RBC submitted by defendant Nicole LaViolette received on 11/24/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pj)
December 2, 2003 Opinion or Order Filing 524 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to first amended complaint of Plaintiff/Intervenor RBC Mortgage Company of California [438-1] to 12/8/03 as to intervenor defendant Summit Ridge LLC, intervenor defendant Summit Ridge II LLC, intervenor defendant 655 Sarbonne LLC (pj)
December 1, 2003 Filing 523 SEVENTH REPORT PART 1 filed by receiver David J Pasternak (pj)
December 1, 2003 Opinion or Order Filing 522 MINUTES IN CHAMBERS: Emergency ex parte application for issuance of order authorizing receiver to enter into settlement agreement regarding Receivership Estates Interest in the Real Located at 1261 Angelo Drive, Los Angeles CA 90210 is hereby taken off calendar[501-1] by Judge Dean D. Pregerson CR: None Present (pj)
December 1, 2003 Opinion or Order Filing 520 ORDER by Judge Dean D. Pregerson CONSIDERED the Receiver's ex parte application for issuance of order authorizing receiver to enter into settlement agreement regarding Receivership Estates Interest in the Real Property Located at 1261 Drive, Los Angeles CA 90210 [501-1] (pj)
December 1, 2003 Opinion or Order Filing 519 ORDER by Judge Dean D. Pregerson regarding application for order authorizing Receiver to sell 915 Camino Viejo, Santa Barbara, CA 93108 real property free and clear of all liens and interests. The closing of the sale shall take place no later than 30 days after the entry of this order. The Court retains jurisdiction [479-1 (pj)
December 1, 2003 Opinion or Order Filing 518 ORDER by Judge Dean D. Pregerson regarding application for order authorizing Receiver to sell 805 North Alta Drive, Beverly Hills, CA 90210 real property free and clear of all liens and interests. The closing of the sale shall take place no later than 30 days after the entry of this order. The Court retains jurisdiction [479-1] (pj)
December 1, 2003 Opinion or Order Filing 517 ORDER by Judge Dean D. Pregerson regarding application for order authorizing Receiver to sell 2055 Stradella Road, Los Angeles, CA 90077 real property free and clear of all liens and interests. The closing of the sale shall take place no later than 30 days after the entry of this order. The Court retains jurisdiction [479-1] (pj)
December 1, 2003 Opinion or Order Filing 516 ORDER by Judge Dean D. Pregerson regarding application for issuance of orders authorizing Receiver to sell real properties 1217 Shadybrook Drive Beverly Hills, California 90210 Real Property Free and clear of all liens and interests. The closing of the sale shall take place no later 30 days after the entry of this order [479-1] (pj)
November 26, 2003 Filing 532 WAIVER OF SERVICE of SUMMONS by defendant David Stephen Eisenberg sent by plaintiff on 10/22/03 (jp)
November 26, 2003 Filing 531 DECLARATION of MARK ABRAMS by receiver David J Pasternak (jp)
November 26, 2003 Filing 530 DECLARATION of HERBERT I. ABRAMS by receiver David J Pasternak (jp)
November 26, 2003 Filing 529 REPLY by receiver David J Pasternak to objections by interested non-parties to receiver's application to seall 624 and 626 North Maple Drive properties [528-1] (jp)
November 26, 2003 Filing 521 NOTICE OF ERRATA by defendant Michael Fitzgerald correcting to memorandum in support of Receiver's motion for authorization to sell right 1261 Angelo (pj)
November 25, 2003 Filing 515 NOTICE OF CERTIFICATION AS TO INTERESTED PARTIES filed by defendant Timothy Holland (pj)
November 25, 2003 Opinion or Order Filing 513 MINUTES: The hearing on Emergency ex parte application for issuance of order authorizing receiver to enter into settlement agreement regarding Receivership Estates Interest in the Real Property Located at 1261 Angelo Drive, Los Angeles CA 90210 [501-1] shall be heard 10:00 12/1/03 by Judge Dean D. Pregerson CR: None Present (pj)
November 25, 2003 Filing 512 ANSWER filed by intervenor defendant Timothy Holland to RBC Mortage Company of California intervenors complaint [438-1]; jury demand (pj)
November 25, 2003 Filing 511 INITIAL DISCLOSURES PURSUANT TO FRCP 26(a)(1) of defendant Timothy Holland (pj)
November 25, 2003 Filing 510 ANSWER filed by intervenor defendant Gregory Van Orman to RBC Mortgage Company of California Intervenors complaint [438-1] (pj)
November 25, 2003 Filing 508 NOTICE by receiver David J Pasternak of hearing hearing on emergency ex parte application for issuance of order authorizing receiver to enter into settlement agreement regarding Receivership Estates Interest in the Real Property Located at 1261 Angelo Drive, Los Angeles CA 90210 [501-1] 10:00 12/1/03 (pj)
November 24, 2003 Filing 514 MEMORANDUM IN SUPPORT by defendant Michael Fitzgerald of motion for authorization to sell right title interest in 1261 (pj)
November 24, 2003 Filing 509 ANSWER filed by intervenor defendant Ray Tibbitts to RBC Mortgage Intervenors complaint [438-1] (pj)
November 24, 2003 Opinion or Order Filing 507 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering plaintiffs submitted by plaintiff received on 11/21/03 is not to be fld but instead rejected; Denial based on: l/r 11-3.2 28 line paoper required. Roya Tabib filed application (pj)
November 24, 2003 Opinion or Order Filing 506 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer counterclaim [428-1] to 12/15/03 as to counter-defendant Lehman Brothers Bank (pj)
November 24, 2003 Filing 505 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Nicole LaViolette, intervenor defendant Nicole LaViolette (pj)
November 24, 2003 Filing 503 DECLARATION of MICHAEL L WACHTELL IN SUPPORT by receiver David J Pasternak re Emergency ex parte application for issuance of order authorizing receiver to enter into settlement agreement regarding Receivership Estates Interest in the Real Property Located at 1261 Angelo Drive, Los Angeles CA 90210 [501-1] (pj)
November 24, 2003 Filing 502 DECLARATION of RICHAR DP ORMOND by receiver David J Pasternak [501-1] (pj)
November 24, 2003 Filing 501 EMERGENCY EX PARTE APPLICATION filed by receiver David J Pasternak for issuance of order authorizing receiver to enter into settlement agreement regarding Receivership Estates Interest in the Real Property Located at 1261 Angelo Drive, Los Angeles CA 90210 (pj)
November 24, 2003 Filing 500 OBJECTIONS filed by Interested Non Parties to Receivers Steve Y Kim, Melvin Markman, Barbara Markman to application for issuance of orders authorizing Receiver to sell real properties 1) 626 N Maple Drive, 2) 624 N. Maple Drive, 3) 1217 Shadybrook Drive, 4) 805 N. Alta Drive, 5) 2055 Stradella Road 6) 915 Camino Viejo free and clear of all liens and interestes and for any unsatisfied junior liens to attach to segregated sale proceeds [479-1] (pj)
November 21, 2003 Opinion or Order Filing 504 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer RBC Intervenors complaint [438-1] to 12/24/03 as to intervenor defendant Joseph Babajian, intervenor defendant Kyle Grasso (pj)
November 21, 2003 Filing 496 CERTIFICATION OF INTERESTED PARTIES filed by defendant Herbert I Abrams, intervenor defendant Herbert I Abrams, intervenor defendant Herbert I Abrams (pj)
November 21, 2003 Filing 495 DEMAND for jury trial by defendant Herbert I Abrams, intervenor defendant Herbert I Abrams, intervenor defendant Herbert I Abrams (pj)
November 21, 2003 Filing 494 CERTIFICATION OF INTERESTED PARTIES filed by defendant/ Intervenor defendant Herbert Abrams individually and as Trustee for the DPF Irrevocable Trust (pj)
November 20, 2003 Filing 499 ANSWER filed by intervenor defendant Vic Whitsett to RBC Mortgage Company of California Intervenors complaint [438-1]; jury demand (pj)
November 20, 2003 Filing 498 ANSWER filed by defendant Vic Whitsett to second amended complaint [211-1]; jury demand (pj)
November 20, 2003 Filing 497 ANSWER filed by intervenor defendant Herbert I Abrams individually and as Trustee for the DPF Irrevocable Truste to RBC Mortgage Company of California Intervenor's complaint [438-1] (pj)
November 20, 2003 Filing 493 ANSWER filed by intervenor defendant Jamieson Matykowski to RBC Intervenors complaint [438-1]; jury demand (pj)
November 20, 2003 Filing 492 ANSWER to RBC Mortgage intervenors complaint [438-1] and COUNTERCLAIM by intervenor defendant Eoin Kreditor against intervenor RBC Mortgage Co CA; (pj)
November 20, 2003 Filing 491 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Vic Whitsett (pj)
November 20, 2003 Filing 490 NOTICE OF ENTRY OF ORDER PERMITTING by defendants (pj)
November 20, 2003 Filing 489 INITIAL DISCLOSURE PURSUANT TO FRCP 26(a)(1) submitted Defendant Vic Whitsett (pj)
November 19, 2003 Filing 488 PROOF OF SERVICE executed upon intervenor defendant Robert Holland ; Service by federal on 11/9/03 via personal by serving summons and complaint to the defendant (pj)
November 17, 2003 Filing 487 MINUTES: Court hears oral argument and Motion to withdraw atty [442-1] and motion for leave to intervene [424-1] is under submission. The vacates thescheduling conference by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj)
November 14, 2003 Filing 478 NOTICE OF ABANDONMENT OF ALL INTERESTS IN 2701 BOWMONT DRIVE by receiver David J Pasternak (pj)
November 13, 2003 Filing 486 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by intervenor defendant Erica Bastiaans (pj)
November 13, 2003 Filing 485 ANSWER filed by intervenor defendant Erica Bastiaans to RBC Mortgage Company's Intervenor's complaint [438-1] (pj)
November 13, 2003 Filing 479 APPLICATION filed by receiver David J Pasternak for issuance of orders authorizing Receiver to sell real properties 1) 626 N Maple Drive, 2) 624 N. Maple Drive, 3) 1217 Shadybrook Drive, 4) 805 N. Alta Drive, 5) 2055 Stradella Road 6) 915 Camino Viejo free and clear of all liens and interestes and for any unsatisfied junior liens to attach to segregated sale proceeds Lodged orders 6 (pj)
November 13, 2003 Opinion or Order Filing 477 ORDER by Judge Dean D. Pregerson granting motion to withdraw attorney Ellyan S. Garofolo [442-1]; withdrawing attorney Ellyn S Garofalo for defendants Beverly Hills Estate Funding Inc; Beverly Hills Estate Funding Inc dba On-Time Escrow; Desert Pacific Financial Inc; Desert Pacific Financial Inc dba Platinum Escrow; Desert Pacific Financial Inc dba Majestic Realty; PTD Partners LLC dba SF Estates Property Management; PTD Partners LLC dba SD Estates Property Management; PTD Partners LLC dba Westside Property Management; PTD Partners LLC dba WLA Management Group; and PTD Partners LLC dba Estates Property Management (the Desert Pacific defendants). It is further ordered: 1) You may participate in this action only through an attorney; 2) You retain all the obligations of a litigant; Failure to appoint an attorney may lead to an order striking your pleadings or the entry of your default. 4) By 12/5/03 the Desert Pacific Defendants must file with this court a notice informing the court of its new counsel. Failure to do so will result in the answer being stricken (mg)
November 13, 2003 Filing 476 MINUTES (In Chambers) by Discovery Judge Paul L. Abrams: Denying Receiver David J. Pasternak's motion to compel production of documents by Brian Ostler and Irwin Feinberg [473-1], for sanctions and attorneys fees [473-2]; CR: (N/A) (mg)
November 13, 2003 PLACED IN FILE - NOT USED; [Proposed] Order granting receiver's motion to compel production of documents by Brian Ostler and Irwin Feinberg; lodged 11/12/03 (mg)
November 12, 2003 Filing 475 MINUTES: Motion to withdraw atty of record [442-1] is hereby taken off calendar, the hearing date vacated and will be decided without oral argument by Judge Dean D. Pregerson CR: None Present (pj)
November 12, 2003 Filing 473 NOTICE OF MOTION AND MOTION by receiver David J Pasternak to compel production of documents by Brian Ostler and Irwin Feinberg , for sanctions and attorneys fees ; motion hearing set for 10:00 12/9/03 Lodged Ordered (pj)
November 10, 2003 Filing 472 JOINT REPORT OF SECOND RULE 26(f) MEETING filed; est length of trial no estimate given (pj)
November 6, 2003 Filing 545 PROOF OF SERVICE executed upon intervenor defendant Summit Ridge II LLC, intervenor defendant Stradella LLC, intervenor defendant 655 Sarbonne LLC, intervenor defendant 2545 BWMT LLC, intervenor defendant 2701 Bowmont Drive, intervenor defendant Del Fern LLC; Service by State on 10/30/03 via personal by serving summons and intervenor complaint to Garrett Kreditor agent for service (pj)
November 6, 2003 Opinion or Order Filing 482 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer Michael Fitzgerald's counterclaim [428-1] to 11/24/03 as to counter-defendant Lehman Brothers Bank (pj)
November 6, 2003 Filing 471 REPLY by intervenor Harold Jasper , intervenor Harriet Jasper to Lehman Brothers Bank FSB's opposition to motion for leave to intervene [424-1] (pj)
November 5, 2003 Filing 484 ANSWER filed by intervenor defendant Virginia Grindley to RBC Mortgage Intervenors complaint [438-1]; jury demand (pj)
November 5, 2003 Filing 483 ANSWER TO MICHAEL FITZGERALD CROSSCLAIM [458-1] by cross-defendant Virginia Grindley; Demand for Jury trial (pj)
November 5, 2003 Filing 481 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by intervenor defendant Peggy Abrams - (pj)
November 5, 2003 Filing 480 ANSWER filed by intervenor defendant Peggy Abrams to Intevenors complaint [438-1] (pj)
November 4, 2003 PLACED IN FILE - NOT USED [PROPOSED]ORDER FOR ISSUANCE OF TRO TO POSTPONE OR CANCEL THE FORECLOSURE SALE OF CALIFORNIA NATIONAL BANK OF THE REAL PROPERTY LICATED AT 1261 ANGELO DRIVE, BEVERLY HILLS, CA 90210 SCHEDULED ON 10/27/03 (el)
November 4, 2003 Opinion or Order Filing 469 MINUTES: Hearing re temporary restraining order set for November 7, 2003 is VACATED [443-1] by Judge Dean D. Pregerson CR: None Present (pj)
November 3, 2003 Opinion or Order Filing 470 STIPULATION and ORDER by Judge Dean D. Pregerson defendant Joseph Babajian, defendant Kyle Grasso need not respond to Lehman Brothers Second Amended Complaint unless and until Lehman Brothers motion for leave to file thrid amended complaint is denied, in which case shall have 10 days after the denial of that motion to respond to the second amended complaint [211-1] (pj)
November 3, 2003 Filing 468 RECEIVER'S REPORT REGARDING POTENTIAL CLAIMANTS filed by receiver David J Pasternak (pj)
October 31, 2003 Opinion or Order Filing 467 ORDER by Judge Dean D. Pregerson GRANTING application for order authorizing Receiver to sell 31502 Victoria Point Road, Malibu, California real property free and clear of all liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds, if any to be held by Receiver. The closing of the sale shall take place no later than 30 days after the entry of this Order [422-1] (pj)
October 29, 2003 Filing 466 SPECIAL REPORT REGARDING PROPOSED BUDGET AND PLAN REGARDING FUTURE OPERATIONS OF RECEIVERSHIP ESTATE filed by receiver David J Pasternak (pj)
October 29, 2003 SUMMONS issued as to Intervenor's complaint (pj)
October 29, 2003 Filing 463 MINUTES: Liner Yakelevitz Sunshine & Regenstreif motion to withdraw atty [442-1] 11:00 11/17/03 by Judge Dean D. Pregerson CR: None Present (pj)
October 29, 2003 Filing 462 MINUTES: Harold and Harriet Jasper filed on motion for leave to intervene [424-1] 11:00 11/17/03 and scheduling conf set for 11:00 11/17/03 by Judge Dean D. Pregerson CR: None Present (pj)
October 28, 2003 Filing 460 MINUTES: Taking motion to compel payment of rent [404-1] off calendar, the hearing date vacated and will be decided without oral argument by Judge Dean D. Pregerson CR: None Present (pj)
October 28, 2003 Filing 459 RECEIVER'S SIXTH REPORT (PART 1) filed by receiver David J Pasternak (pj)
October 27, 2003 Opinion or Order Filing 465 STIPULATION and ORDER by Judge Dean D. Pregerson that the Receiver shall pay the sum of $20,000 to CSDV within 10 days from the issuance of this Order and the hearing of CSDV's motion to compel payment of rent [404-1] may be taken off calendar (pj)
October 27, 2003 Filing 461 MINUTES: The Court has reviewed Receiver David J Pasternak's "Revised Notice of motion to compel production of documents, for sanctions and attorneys fees recevied on October 23, 2003, Receiver motion is DENIED without prejudice by Discovery Paul L. Abrams CR: N/A (pj)
October 27, 2003 Filing 454 NOTICE OF DISCREPANCY AND ORDER by Discovery Paul L. Abrams ordering Revised notice of motion, prop order submitted received on 10/23/03 is not to be fld but instead rejected; Denial based on: local rule 37 missing stipulation (pj)
October 27, 2003 Filing 453 DECLARATION of LORENE P EBER IN OPPOSITION by plaintiff Lehman Brothers Bank to Jaspers' motion for leave to intervene [424-1] (pj)
October 27, 2003 Filing 452 OPPOSITION by plaintiff Lehman Brothers Bank to Jaspers' motion for leave to intervene [424-1] (pj)
October 27, 2003 Filing 451 NOTICE of abandonment of all interests in 31525 Anacapa, Malibu, California 90265 by receiver David J Pasternak (pj)
October 24, 2003 Opinion or Order Filing 464 MINUTES: hearing on ex parte application for temporary restraining order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 [443-1] is continued to 2:00 11/7/03; by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (ln)
October 24, 2003 Opinion or Order Filing 457 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to as to defendant Mark Young 30 days (pj)
October 24, 2003 Filing 456 PROOF OF SERVICE executed upon defendant David Eisenberg ; Service by stsate on 10/16/03 via substituted by serving summons and complaint, second to Rudy Salazar in mailroom was advised of nature; due diligence; first class mail on 10/17/03 (pj)
October 24, 2003 Filing 455 ANSWER filed by defendant Michael Fitzgerald to second amended complaint [211-1] (pj)
October 24, 2003 Filing 450 MEMORANDUM OF POINTS AND AUTHROITIES IN OPPOSITION by Non-Party California Natl Bank to ex parte application for temporary restraining order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 [443-1] (pj)
October 24, 2003 Opinion or Order Filing 449 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Ex Parte application submitted received on 10/24/03 is not to be fld but instead rejected; Denial based on: Communications with the judge must be in pleading format (pj)
October 24, 2003 Filing 448 NOTICE by receiver David J Pasternak of hearing on ex parte application for temporary restraining order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 [443-1] 1:30 10/24/03 (pj)
October 24, 2003 Filing 447 DECLARATION of MARK ABRAMS IN SUPPORT by receiver David J Pasternak of Receiver's Emergency ex parte application for temporary restraining order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 [443-1] (pj)
October 23, 2003 Filing 446 DECLARATION of MARK ABRAMS IN SUPPORT by receiver David J Pasternak re ex parte application for temporary order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 [443-1] (pj)
October 23, 2003 Filing 445 DECLARATION of RICHARD P ORMOND REGARDING NOTICE by receiver David J Pasternak (pj)
October 23, 2003 Filing 444 DECLARATION of MICHAEL L WACHTELL IN SUPPORT by receiver David J Pasternak re ex parte application for temporary restraining order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 [443-1] (pj)
October 23, 2003 Filing 443 EX PARTE APPLICATION filed by receiver David J Pasternak for temporary restraining order to postpone or cancel the foreclosure sale of California National Bank of the real property located at 1261 Angelo Drive Beverly Hills California 90210 scheduled on October 27, 2003 Lodged proposed order (pj)
October 22, 2003 Opinion or Order Filing 440 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Answer to second amended complaint by defendant Fitzgerald submitted received on 10/17/03 is not to be fld but instead rejected; Denial based on: no certification of interested parties (pj)
October 21, 2003 Filing 442 NOTICE OF MOTION AND MOTION by the law firm of Liner Yankelevitz Sunshine & Regenstreif LLP as counsel of record for Defendants Beverly Hill Estate Funding Inc to withdraw atty ; motion hearing set for 10:00 11/17/03 Lodged proposed order (pj)
October 21, 2003 Filing 439 DECLARATION of JENNIFER A CARMASSI IN SUPPORT by intervenor RBC Mortgage Co CA re ex parte application for leave to file a intervenor complaint [436-1] (pj)
October 21, 2003 Filing 438 INTERVENOR'S COMPLAINT by intervenor RBC Mortgage Co CA ; (pj)
October 21, 2003 Filing 437 MINUTES: GRANTING RBC Mortgage's ex parte application for leave to file a intervenor complaint [436-1] by Judge Dean D. Pregerson CR: None Present (pj)
October 21, 2003 Opinion or Order Filing 435 ORDER SEALING DOCUMENT: Ex Parte for sealed filing is GRANTED. Defendant's ex parte application for sealed filing shall be filed under seal by Judge Dean D. Pregerson (pj)
October 21, 2003 Opinion or Order Filing 432 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Ex parte for leave to file a 1st amended complaint submitted by intervenor RBC Mortgage Co CA received on 10/20/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pj)
October 21, 2003 Opinion or Order Filing 431 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering declaration of J Carmassi re ex parte application; proposed first amended complaint submitted by intervenor RBC Mortgage Co CA received on 10/21/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pj)
October 21, 2003 Opinion or Order Filing 430 ORDER DENYING Mark Abrams Ex Parte Application re reduction of term of imprisement. [Motion lodged on 10/16/03] by Judge Dean D. Pregerson (pj)
October 21, 2003 PLACED IN FILE - NOT USED PROPOSED ORDER AMENDING JUDGMENT AND COMMITMENT ORDER AND REDUCING DEFENDANT MARK ABRAMS TERM OF IMPRISONMENT (pj)
October 20, 2003 Filing 458 CROSSCLAIM by defendant Michael Fitzgerald against defendants' Mark Abrams, Charles Jansen, Desert Pacific Fin, Timothy Holland, Charles Elliott Fitzgerald, Peggy Abrams, Virginia Grindley, Meya Fitzgerald, Beverly Hills Const, and Cospec Inc; Summons not issued issued (bp)
October 20, 2003 Filing 436 EX PARTE APPLICATION filed by intervenor RBC Mortgage Co CA for leave to file a intervenor complaint (pj)
October 20, 2003 Filing 429 NOTICE OF INTERESTED PARTIES filed by counter-claimant Michael Fitzgerald (pj)
October 20, 2003 Filing 428 COUNTERCLAIM by defendant Michael Fitzgerald against plaintiff Lehman Brothers Bank (pj)
October 20, 2003 Filing 422 APPLICATION filed by receiver David J Pasternak for order authorizing Receiver to sell 31502 Victoria Point Road, Malibu, California real property free and clear of all liens and interests and for any unsatisfied junior liens to attach to segregated sale proceeds, if any to be held by Receiver Lodged proposed order (pj)
October 17, 2003 Filing 426 DECLARATION of HAROLD JASPER by intervenor Harold Jasper -, intervenor Harriet Jasper - re motion for leave to intervene [424-1] (pj)
October 17, 2003 Filing 425 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by intervenor Harold Jasper , intervenor Harriet Jasper of motion for leave to intervene [424-1] (pj)
October 17, 2003 Filing 424 NOTICE OF MOTION AND MOTION by intervenor Harold Jasper, intervenor Harriet Jasper for leave to intervene ; motion hearing set for 11:00 11/10/03 Lodged Order (pj)
October 16, 2003 Filing 474 NOTICE OF CHANGE Of Address filed by atty David S McLane for defendant Nicole LaViolette: New address 128 North Fair Okas Ave, Pasadena, CA 91103, Telephone number is 626-844-7660, and fax 626-844-7670 (pj)
October 16, 2003 Opinion or Order Filing 441 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering 1st amended complaintr submitted received on 10/16/03 is not to be fld but instead rejected; Denial based on: already a first amended complaint on file (pj)
October 16, 2003 Filing 427 CERTIFICATE OF INTERESTED PARTIES filed by intervenor RBC Mortgage Co CA (pj)
October 16, 2003 Filing 421 NOTICE OF FILING UNDER SEAL by defendant Mark Abrams (pj)
October 16, 2003 Filing 420 AMENDED INITIAL DISCLOSURE PURSUANT TO FRCP 26(a)(1) (pj)
October 16, 2003 Opinion or Order Filing 419 ORDER by Judge Dean D. Pregerson DENYING Receiver's ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (pj)
October 15, 2003 Opinion or Order Filing 423 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 10/31/03 as to defendant Joseph Babajian, defendant Kyle Grasso (pj)
October 15, 2003 PLACED IN FILE - NOT USED [PROPOSED] ORDER AUTHORIZING SALE OF REAL PROPERTY LOCATED AT 200 Delfern fka 182 Delfern, Los Angeles, California, Free and Clear of all liens and interests (el)
October 15, 2003 PLACED IN FILE - NOT USED [PROPOSED] ORDER: 1. AUTHORIZING Receiver to hold $546,469.38 from Maize and Schiff in segregated interest-bearing account; and 2. Continuing hearing of Receiver's ex parte application for instructions (el)
October 15, 2003 PLACED IN FILE - NOT USED [PROPOSED] ORDER AUTHORIZING SALE OF REAL PROPERTY LOCATED AT 200 Delfern fka 182 Delfern, Los Angeles, California, Free and Clear of all liens and interestsi with any and all net proceeds to be paid to Receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration (el)
October 15, 2003 Opinion or Order Filing 416 ORDER regarding Receiver's Ex Parte Application for instrucitons regarding Maize/Schiff funds by Judge Dean D. Pregerson IT IS SO ORDERED that Michael Magasin, as counsel for Thomas Schiff, and Richard Moss, as counsel for Richard Maize, each shall transmit the sum of $273,234.69 to the Receiver within 10 days from the entry of this Order. Such funds will be placed in the general receivership estate finding the ex parte application for instructions regarding maize/schiff funds and Receiver's responsibilities [332-1] moot. (rl)
October 14, 2003 Opinion or Order Filing 418 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer or respond to amended complaint [211-1] to 10/17/03 as to defendant Michael Fitzgerald (ca)
October 14, 2003 PLACED IN FILE - NOT USED of Proposed order authorizing sale of real property located at 200 Delfern fka 172 California, Free and clerar of all liens and interests (ca)
October 10, 2003 Filing 417 MINUTES: Receivers ex parte application (filed on 9/24/03) taken under submission by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (ca)
October 9, 2003 Filing 415 Defendant Virginia Grindley's initial disclosure (bp)
October 9, 2003 Filing 414 CERTIFICATION OF INTERESTED PARTIES filed by defendant Virginia Grindley (bp)
October 9, 2003 Filing 413 ANSWER filed by defendant Virginia Grindley to second amended complaint [211-1]; jury demand (bp)
October 9, 2003 Opinion or Order Filing 412 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer amended complaint [211-1] to 10/20/03 as to defendant Mark Young (bp)
October 9, 2003 Opinion or Order Filing 411 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer amended complaint [211-1] to 10/31/03 as to defendant Vic Whitsett (bp)
October 9, 2003 Filing 410 DECLARATION of Lawrence H. Greaves in reply to response of third party Del Fern LLC to ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (bp)
October 8, 2003 Filing 407 DECLARATION of JAMES R. EVANS, JR. by Del Fern LLC in support of response of Del Fern LLC to ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles [358-1] (jp)
October 8, 2003 Filing 406 RESPONSE of third-party Del Fern LLC to ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles [358-1] (jp)
October 7, 2003 Filing 409 DECLARATION of CAROL HURWITZ of Chief Leader Property Limited, an interested party in support of supplement to opposition to ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (jp)
October 7, 2003 Filing 408 SUPPLEMENTAL TO OPPOSITION by Chief Leader Property Limited, an interested party to ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (jp)
October 7, 2003 Filing 405 CERTIFICATION by movant California State Te to motion to compel payment of rent [404-1] (pj)
October 7, 2003 Filing 404 NOTICE OF MOTION AND MOTION by movant CSDV to compel payment of rent ; motion hearing set for 10:00 11/3/03 (pj)
October 7, 2003 Opinion or Order Filing 403 ORDER by Judge Dean D. Pregerson It is hereby ORDERED that Receiver shall by October 31, 2003 prepare a listing of potential claimants and scheduled a meeting to be held on or before November 28, 2003; Receiver shall meet with all interested parteis regarding the continuing operation and costs of the receivership October 27, 2003 at 10am; On or before October 29, 2003 the Receiver shall file and serve a proposed budget and plan; The Receiver shall file and serve a supplement to his ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property for not less than $14,250,000 by 4pm Thursday October 2, 2003; Opposition 10/7/03; the ex parte appl will be heard in this Courtroom on Friday, October 10, 2003 at 4:00 p.m. [358-1] and Receiver's ex parte application for instructions regarding maize/schiff funds and Receiver's responsibilities [332-1] off calendar and vacated (pj)
October 7, 2003 Opinion or Order Filing 402 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 10/9/03 as to defendant Michael Fitzgerald (pj)
October 7, 2003 Opinion or Order Filing 401 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 10/17/03 as to defendant Joseph Babajian, defendant Kyle Grasso (pj)
October 7, 2003 PLACED IN FILE - NOT USED proposed order granting emergency ex parte application (pj)
October 3, 2003 Filing 400 SUPPLEMENTAL DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver re ex parte application for issuance of order authorizing sale of various personal property [376-1] (pj)
October 3, 2003 Filing 399 SUPPLEMENT by receiver David J Pasternak re ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (pj)
October 3, 2003 Filing 398 SUPPLEMENTAL DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver re ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (pj)
October 3, 2003 Opinion or Order Filing 397 ORDER by Judge Dean D. Pregerson granting emergency ex parte application for issuance of order authorizing sale of various personal property [376-1] (pj)
October 2, 2003 Filing 395 DECLARATION of Freida P Tibbets in opposition by defendant Ray Tibbitts to the ex parte application for issuance of order authorizing sale of Charles Elliott and Meya Fitzgerald's personal property [376-1] (el)
October 2, 2003 Filing 394 OPPOSITION by defendant Ray Tibbitts to Receiver's emergency ex parte application for issuance of order authorizing sale of various personal property [376-1] (el)
October 2, 2003 Filing 393 ANSWER filed by defendant Mark Abrams to Second amended complaint [211-1]; jury demand (el)
October 2, 2003 Filing 392 CERTIFICATION OF INTERESTED PARTIES filed by defendant Mark Abrams (el)
October 2, 2003 Opinion or Order Filing 391 ORDER by Judge Dean D. Pregerson that the Court finds that (1) Mark Abrams is contempt of Court. He has willfully disobeyed this Court's orders, and his disobedience is uncontroverted. His recent cooperation with the Receiver has convinced this Court to mitigate the lenght of his incarceration. However, the underlying violations remain,. Mark Abrams is ordered to be incarcerated for a period of thirty (30) dyas. (2) Peggy Abrams is not in contempt of Court [256-1]. (jp)
October 1, 2003 Filing 390 DECLARATION OF SERVICE by receiver David J Pasternak on 9/30/03 of proposed order (pj)
October 1, 2003 Filing 389 FIFTH REPORT (PART 1) filed by receiver David J Pasternak (pj)
October 1, 2003 Opinion or Order Filing 388 STIPULATION and ORDER authorizing receiver to add real and personal property of Nicle Laviolete fka Nicole Stark, to the Receivership Estate by Judge Dean D. Pregerson (pj)
October 1, 2003 Filing 387 ATTORNEY SUBSTITUTION: terminating attorney Steven M Mayer of Mayer Glassman & Gaines for Michael Fitzgerald, attorney Steven M Mayer for Michael Fitzgerald by defendant Michael Fitzgerald and substituting attorney Victor A Sahn by Judge Dean D. Pregerson (pj)
October 1, 2003 Opinion or Order Filing 386 ORDER by Judge Dean D. Pregerson authhorizing Receiver to list Receivership Real Properties for sale [376-1] (pj)
October 1, 2003 Filing 385 CROSSCLAIM by defendant Gregory Van Orman against Charles Elliott Fitzgerald, Michael Fitzgerald, Mark Abrams, Beverly Hill Devel, Beverly Hills Const, Wilshire Equipment, Cospec Inc; Demand For jury trial (pj)
October 1, 2003 Filing 384 ANSWER filed by defendant Gregory Van Orman to Second amended complaint [211-1]; jury demand (pj)
September 30, 2003 PLACED IN FILE - NOT USED Defendant Mark Abrams' opposition to the OSC re contempt; Memorandum of Points and Authorities; Declarations of Nathan J Hochman and Mark Abrams; Exhibits (el)
September 30, 2003 PLACED IN FILE - NOT USED [PROPOSED] ORDER AUTHORIZING RECEIVER TI KIST UNOCCUPIED RECEIVERSHIP REAL PROPERTIES FOR SALE (el)
September 29, 2003 Filing 383 INITIAL DISCLOSURE PURSUANT TO FRCP 26(a) (1) submitted by Defendant (pj)
September 29, 2003 Opinion or Order Filing 381 MINUTES: Order to show cause re contempt against Defendant Mark and Pegfy Abrams ; The Court finds the defendant, Mark Abrams has violated the orders of this Court. The defendant shall self-surrender to the institution designated by the BOP on or before 12 noon October 7, 2003. The Court ORDERS the BOP to house the defendant at the MDC for the duration of the terms of this sentence by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj)
September 26, 2003 Filing 396 NOTICE by receiver David J Pasternak that the following ex parte application will not be heard by the Court on 9/29/03: 1. Ex parte application for issuance of order authorizing sale of real property (see document for description); 2. Ex parte application for issuance of order authorizing Receiver to list unoccupied Receivership real properties for sale (el)
September 26, 2003 Filing 379 DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver David J Pasternak re ex parte application for issuance of order authorizing sale of various personal property [376-1] (pj)
September 26, 2003 Filing 378 DECLARATION of PATRICIA M JONES by receiver David J Pasternak (pj)
September 26, 2003 Filing 377 PROOF OF SERVICE by receiver David J Pasternak on 9/26/03 of emergency ex parte application for issuance of order authorizing sale of various (pj)
September 26, 2003 Filing 376 EX PARTE APPLICATION filed by receiver David J Pasternak for issuance of order authorizing sale of various personal property Lodged proposed order (pj)
September 26, 2003 Filing 375 DECLARATION of BRIGIT K CONNELLY REGARDING NOTICE PURSUANT LR 7-19-1 AND PROOF OF SERVICE ON ALL PARTIES AND INTERESTED by interested party Chief Leader Prop (pj)
September 26, 2003 Filing 374 DECLARATION of VINCENT CHEUNG AND MARTIN D SINDER IN SUPPORT OF OPPOSITION by Chief Leader Prop re ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (pj)
September 26, 2003 Filing 373 OPPOSITION by interested party Chief Leader Property Limited to ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (pj)
September 26, 2003 Filing 372 OBJECTION filed by plaintiff Lehman Brothers Bank, intervenor RBC Mortgage Co CA to stipulation and proposed order authorizing receiver to add real and personal property (pj)
September 26, 2003 Filing 368 INITIAL DISCLOSURE PURSUANT TO FRCP 26(a)(1) submitted by Defendant Ray G Tibbitts (pj)
September 26, 2003 Filing 367 ANSWER filed by defendant Ray Tibbitts to second amended complaint [211-1]; jury demand (pj)
September 26, 2003 Filing 366 CERTIFICATION AND NOTIC OF INTERESTED PARTIES filed by defendant Ray Tibbitts (pj)
September 26, 2003 Text not available.
September 25, 2003 Filing 380 ANSWER filed by defendant Marian Masters to second amended complaint [211-1]; jury demand (pj)
September 25, 2003 Filing 371 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Marian Masters (pj)
September 25, 2003 Filing 370 ANSWER filed by defendant Nicole LaViolette to second amended complaint [211-1]; jury demand (pj)
September 25, 2003 Filing 369 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Nicole LaViolette (pj)
September 25, 2003 Filing 365 NOTICE OF CLARIFICATION AND SUPPLEMENT TO RECEIVERS EX PARTE APPLICATION FOR ISSUANCE OF ORDER AUTHORIZING RECEIVER TO CONSENT TO SALE OF 200 DELFERN by receiver David J Pasternak (pj)
September 25, 2003 Filing 364 REPLY by receiver David J Pasternak in connection with the Court's order to show cause re contempt (pj)
September 24, 2003 Opinion or Order Filing 382 STIPULATION and ORDER that Michael Magasin as counsel for Thomas Schiff and Richard Moss as counsel for Richard Maize each shall transmit the sum of $273,234.69 to the Receiver within 10 days from the entry of this order who shall hold those sums in one segregated interest-bearing trust account. The hearing of Receiver Ex Parte Application for instructions regarding Maize/Schiff Funds is continued to 10/27/03 11am by Judge Dean D. Pregerson (pj)
September 24, 2003 Opinion or Order Filing 363 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 10/3/03 as to defendant Erica Bastiaans, defendant Kyle Grasso (pj)
September 24, 2003 Filing 362 DECLARATION of RICHARD P ORMOND REGARDING NOTICE PURSUANT LR 7-19.1 by receiver David J Pasternak (pj)
September 24, 2003 Filing 361 DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver David J Pasternak re ex parte application for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration [358-1] (pj)
September 24, 2003 Filing 360 DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver David J Pasternak re ex parte application for issuance of order authorizing receiver to list unoccupied receivership real properties for sale [359-1] (pj)
September 24, 2003 Filing 359 EX PARTE APPLICATION filed by receiver David J Pasternak for issuance of order authorizing receiver to list unoccupied receivership real properties for sale Lodged order (pj)
September 24, 2003 Filing 358 EX PARTE APPLICATION filed by receiver David J Pasternak for issuance of order authorizing sale of 200 Delfern, Los Angeles California 90077 Real property free and clear of all liens and interests with any and all net proceeds to be paid to receiver and for all unreleased and unsatisfied liens to attach to the proceeds of sale subject to this court's review, recurrence and reconsideration Lodged order (pj)
September 22, 2003 Filing 357 NOTICE OF CHANGE Of attorney information: Please use this email gwnevers@npmp.comfiled by atty Gary W Nevers for defendant Gregory Van Orman (pj)
September 18, 2003 Opinion or Order Filing 354 STIPULATION and ORDER by Judge Dean D. Pregerson: extending time to answer second amended complaint [211-1] to 10/3/03 as to defendant Vic Whitsett (ln)
September 18, 2003 Opinion or Order Filing 353 STIPULATION and ORDER by Judge Dean D. Pregerson: extending time to answer second amended complaint [211-1] to 10/6/03 as to defendant Mark Young (ln)
September 18, 2003 Opinion or Order Filing 350 ORDER by Judge Dean D. Pregerson GRANTING RBC Mortgage Company's motion for leave to intervene [252-1] (pj)
September 16, 2003 Filing 352 ANSWER filed by defendant Jan Van Orman to second amended complaint [211-1] (pj)
September 16, 2003 Filing 351 NOTICE OF INTERESTED PARTIES filed by defendant Jan Van Orman (pj)
September 16, 2003 Filing 348 NOTICE OF FILING UNDER SEAL by defendant Mark Abrams (pj)
September 16, 2003 Filing 347 INITIAL DISCLOSURE PURSUANT TO FRCP 26(a)(1) submitted by Defendant J Gregory Van Orman (pj)
September 16, 2003 Opinion or Order Filing 346 ORDER by Judge Dean D. Pregerson DENYING Cleo Bluth's ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (pj)
September 16, 2003 Opinion or Order Filing 345 ORDER by Judge Dean D. Pregerson DENYING Plaintiff's motion for imposition of a constructive trust on excess sale proceeds from via Andrea Property [230-1]. Instead, the Court ORDERS that the proceeds be put in a interest bearing account by the Receiver to be maintained separately from the general Receivership assets for the beneift of creditors with valid claims on the proceeds. The Receiver may seek leave of the Court if he needs acces to the funds (pj)
September 16, 2003 Filing 344 MINUTES: Receiver's ex parte application for instructions regarding maize/schiff funds and Receiver's responsibilities [332-1] 11:00 10/27/03 by Judge Dean D. Pregerson CR: None Present (pj)
September 16, 2003 PLACED IN FILE - NOT USED STIPULATION TO RESCHEDULE HEARING OF ORDER TO SHOW CAUSE RE CONTEMPT (pj)
September 15, 2003 Filing 343 INITIAL DISCLOSURES PURSUANT to FRCP 26(a)(1) of defendant Judith Rebasz Blanchard (pj)
September 15, 2003 Filing 342 NOTICE IN RE MAILING & NOTICE by the undersigned Utah counsel of record for duly appointed Reciver in the action that is not necessary to continue to mail notices or pleadings served upon or to which Receiver is otherwise entitled in this proceeding to our office as counsel for the Ancillary Receivership Proceedings in the Statue of Utah (pj)
September 12, 2003 Opinion or Order Filing 341 STIPULATION and ORDER by Judge Dean D. Pregerson: extending time to answer second amended complaint [211-1] to 9/30/03 as to defendant Gregory Van Orman (ln)
September 12, 2003 Filing 340 MEMORANDUM RE APPLICATION OF THE RECEIVER FOR INSTRUCTIONS by defendant Ray Tibbitts in support (pj)
September 12, 2003 Filing 339 NOTICE OF CHANGE Of Address filed by atty David E Jacobs for defendant Judith Rebasz Blanchard: 225 S Civic Drive Suite 1-2, Palm Springs, California 92262. Phonse 760-327-4232, facsimile 760-327-0161 (pj)
September 10, 2003 Filing 338 DECLARATION OF SERVICE by receiver David J Pasternak on 9/10/03 of Receiver fourth report part 1, Ex parte application for instructions regarding Maize/Schiff Funds (pj)
September 10, 2003 Filing 337 FOURTH REPORT (PART 1) filed by receiver David J Pasternak (pj)
September 10, 2003 Opinion or Order Filing 336 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Letter submitted received on 9/9/03 is not to be fld but instead rejected; Denial based on: letter (pj)
September 10, 2003 Filing 335 MINUTES: Receiver'sex parte application for instructions regarding maize/schiff funds and Receiver's [332-1] is hereby continued from 9/22/03 to 11:00 9/29/03 by Judge Dean D. Pregerson CR: Present (pj)
September 9, 2003 Filing 334 NOTICE by receiver David J Pasternak of related case(s) LA Superior Court case no. SCO78615 (rn)
September 8, 2003 Filing 333 INITIAL DISCLOSURES PURSUANT TO FRCP 26(a)(1) of defendants Joseph Babajian and Kyle Grasso filed; est length of trial (no estimate given) (pj)
September 8, 2003 Filing 332 EX PARTE APPLICATION filed by receiver David J Pasternak for instructions regarding maize/schiff funds and Receiver's responsibilities (pj)
September 8, 2003 Opinion or Order Filing 331 MINUTES: Court hears oral argument. Plaintiffs motion for imposition of a constructive trust on excess sale proceeds from via Andrea Property [230-1], RBC Mortgage Company motion for leave to intervene [252-1], Hearing on ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] UNDER SUBMISSION. The scheduling conf is continued for 11:00 11/10/03 by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj)
September 8, 2003 PLACED IN FILE - NOT USED [PORPOSED] Order Granting motion to intervene and deeming complaint in intervention filed (el)
September 8, 2003 PLACED IN FILE - NOT USED [PROPOSED] Order on Ex Parte application to amend order appointing permanent Receiver (el)
September 5, 2003 Opinion or Order Filing 330 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/11/03 as to defendant Gregory Van Orman (pj)
September 5, 2003 Opinion or Order Filing 329 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/29/03 as to defendant Ray Tibbitts (pj)
September 5, 2003 Opinion or Order Filing 328 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/22/03 as to defendant Mark Young (pj)
September 4, 2003 Filing 327 SUPPLEMENTAL SIGNATURES re joint discovery [320-1] by plaintiff Lehman Brothers Bank (pj)
September 4, 2003 Filing 326 INITIAL DISCLOSURES PURSUANT TO FRCP 26(a)(1) OF DEFENDANTS Matthew Todd Compton, David Compton, Donna Compton, and Heather Compton (pj)
September 3, 2003 Filing 325 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Peggy Abrams - (pj)
September 2, 2003 Opinion or Order Filing 324 SECOND STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/25/03 as to defendant Kyle Grasso, defendant Joseph Babajian (pj)
September 2, 2003 Filing 323 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Gregory Van Orman (pj)
August 29, 2003 Filing 322 REPLY by movant Cleo A Bluth to oppositions to ex parte application without notice for entry of order granting receiver authority to immediately enter 442 South Crescent Drive, Beverly Hills, California and to seize any property and records located there [223-1] (pj)
August 29, 2003 Filing 321 REPLY by movant Cleo A Bluth to opposition to ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (pj)
August 29, 2003 Filing 320 JOINT REPORT OF RULE 26(f) MEETING filed; est length of trial no trial estimate (pj)
August 29, 2003 Filing 319 INITIAL DISCLOSURE PURSUANT TO FRCP (26)(a)(1) submitted by Plaintiff (pj)
August 29, 2003 Filing 318 REUTRN OF USM Form 285 re search and seizure. N/S per attorney on 8/18/03. (pj)
August 29, 2003 Filing 317 ANSWER filed by defendant Peggy Abrams to second amended complaint [211-1] (pj)
August 28, 2003 Opinion or Order Filing 316 ORDER by Judge Dean D. Pregerson granting Defendant Mark Abrams ex parte application to continue of order to show cause hearing and briefing schedule [306-1]. Opposition to order to show cause is due is continued to 9/15/03; ; order to show cause re contempt is continued for 11:00 9/29/03 (pj)
August 28, 2003 Filing 315 ATTORNEY SUBSTITUTION: terminating O'Neill & Sun LLP by defendant Mark Abrams and substituting attorney Nathan J Hochman by Judge Dean D. Pregerson (pj)
August 28, 2003 Filing 314 NOTICE OF CONTINUANCE OF HEARING OF ORDER TO SHOW CAUSE 9/8/03 by receiver David J Pasternak (pj)
August 28, 2003 Filing 313 OPPOSITION filed by defendant Peggy Abrams to the order tos how cause re contempt (pj)
August 28, 2003 Opinion or Order Filing 312 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/8/03 as to Defendants Beverly Hills Estate, Beverly Hills Estate, Beverly Hills Estate, Mark Abrams, Desert Pacific Fin, Desert Pacific Desert Pacific Fin, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC (pj)
August 28, 2003 Filing 311 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Jamieson Matykowski (pj)
August 28, 2003 Filing 310 ANSWER filed by defendant Jamieson Matykowski to second amended complaint [211-1]; jury demand (pj)
August 28, 2003 Filing 309 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Jamieson Matykowski (pj)
August 27, 2003 Opinion or Order Filing 308 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/25/03 as to defendant Nicole LaViolette (pj)
August 27, 2003 Opinion or Order Filing 307 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 9/25/03 as to defendant Michael Fitzgerald (pj)
August 27, 2003 Filing 306 EX PARTE APPLICATION filed by defendant Mark Abrams to continue of order to show cause hearing and briefing schedule Lodged order (pj)
August 26, 2003 Opinion or Order Filing 304 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering answer, demand for jury trial submitted received on 8/25/03 is not to be fld but instead rejected; Denial based on: no certification of interested parties (pj)
August 26, 2003 Opinion or Order Filing 303 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering certification notice of interested parties submitted received on 8/25/03 is not to be fld but instead rejected; Denial based on: copy copy for magistrate (pj)
August 26, 2003 Filing 302 DEMAND for jury trial by defendant Michael Dildine (pj)
August 26, 2003 Filing 301 NOTICE OF CERTIFICATION OF INTERESTED PARTIES filed by defendant Michael Dildine (pj)
August 26, 2003 Filing 300 ANSWER filed by defendant Michael Dildine to second amended complaint [211-1]; jury demand (pj)
August 26, 2003 Opinion or Order Filing 299 STIPULATION and ORDER that Defendant Garrett Kreditor shall not be requried to respond to the Second Amended Complaint until after the Court has ruled on the anticipated motion by Plaintiff for leave to file its Third Amended Complaint, and that Defendant Garrett Kreditor shall answer or otherwise respond to the appropriate version of the Complaint as ordered by the Court by Judge Dean D. Pregerson (pj)
August 25, 2003 Opinion or Order Filing 305 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering answer to 2nd A/c submitted received on 8/25/03 is not to be fld but instead rejected; Denial based on: Local ruel 83-1.5 (yc)
August 25, 2003 Filing 298 ANSWER filed by defendant Matthew Todd Compton, sued herein as "Matthew Todd Compton; Matthew Todd Compton dba Pacific California Estates Realty; Matthew Todd Compton dba Estates Escrow; Matthew Todd Compton dba Star Escrow" to second amended complaint [211-1]; jury demand (jp)
August 25, 2003 Filing 297 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant David Compton (jp)
August 25, 2003 Filing 296 ANSWER filed by defendant David Compton to second amended complaint [211-1]; jury demand (jp)
August 25, 2003 Filing 295 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Heather Compton (jp)
August 25, 2003 Filing 294 ANSWER filed by defendant Heather Compton to second amended complaint [211-1]; jury demand (jp)
August 25, 2003 Filing 293 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Donna Compton (jp)
August 25, 2003 Filing 292 ANSWER filed by defendant Donna Compton to second amended complaint [211-1]; jury demand (jp)
August 22, 2003 Opinion or Order Filing 289 JOINT STIPULATION and ORDER by Judge Dean D. Pregerson that Plaintiff Lehman Brothers Bank, FSB, Receiver David J Pasternak and Third-party Cleo A Bluth hereby STIPULATE that the 8/22/03 hearing for Bluth's ex parte application to amend order appointing receiver to permit filing of State Court litigation against certain defendants [226-1] be continued until 11:00 9/8/03. (el)
August 22, 2003 Opinion or Order Filing 283 ORDER by Judge Dean D. Pregerson ; order to show cause re contempt against Defendants Mark and Peggy Abrams hearing set for 3:30 8/29/03 (pj)
August 21, 2003 Filing 291 NOTICE OF NON-OPPOSITION by defendant Judith Rebasz Blanchard to the motion of RBC Mortgage Company of California for leave to intervene [252-1] (mg)
August 21, 2003 Opinion or Order Filing 290 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Defendant Peggy Abram's Answer to Plaintiff's Second Amended Complaint received on 8/15/03 is not be filed but instead rejected; Denial based on: LR 83-1.5, No certification of interested parties &/or no copies (mg)
August 21, 2003 Opinion or Order Filing 288 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer amended complaint [211-1] to 8/25/03 as to defendant Michael Fitzgerald (pj)
August 21, 2003 Filing 287 NOTICE OF CERTIFICATION OF INTERESTED PARTIES filed by defendant Timothy Holland (pj)
August 21, 2003 Filing 286 ANSWER filed by defendant Herbert I Abrams to second amended complaint [211-1] (pj)
August 21, 2003 Filing 285 DEMAND for jury trial by defendant Herbert I Abrams (pj)
August 21, 2003 Filing 284 ANSWER filed by defendant Timothy Holland to second amended complaint [211-1]; jury demand (pj)
August 18, 2003 Filing 282 PROOF OF SERVICE executed upon defendant Beverly Hills Const; Service by no statute on 8/15/03 via by mail by serving summons on second amended complaint, second amended complaint to Steven Mayer Esq for defendat (pj)
August 18, 2003 Filing 278 ANSWER filed by defendant Judith Rebasz Blanchard to SECOND amended complaint [211-1] (seal)
August 18, 2003 Filing 277 MINUTES: Court hears oral argument and denies the motion to compel payment of rent [165-1], without prejudice by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (el)
August 15, 2003 Filing 281 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 8/15/03 of opposition to Cleo Bluth's Ex parte application (pj)
August 15, 2003 Filing 280 DECLARATION of LORAINE P EBER RE OPPOSITION by plaintiff Lehman Brothers Bank re ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (pj)
August 15, 2003 Filing 279 OPPOSITION by plaintiff Lehman Brothers Bank to Cleo Bluth's ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (pj)
August 15, 2003 Filing 275 NOTICE OF ENTRY OF ORDER by defendant Garrett Kreditor (pj)
August 15, 2003 Opinion or Order Filing 274 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 8/25/03 as to Defendants Matthew Todd Compton, Matthew Todd Compton, Matthew Todd Compton, David Compton, Donna Compton, Heather Compton (pj)
August 14, 2003 Filing 260 PROOF OF SERVICE executed upon defendant Gregory Van Orman aka J Gregory Van Orman Service by Cal Code on 8/9/03 via personal service by serving summons & complaint on second amended complaint to Gregory Van Orman defendant Gregory Van Orman (el) Modified on 08/14/2003
August 14, 2003 Filing 259 PROOF OF SERVICE executed upon defendant Wilshire Equipment Rentals Inc, a California corp; Service by Cal Code on 8/9/03 via personal service by serving summons & complaint on second amended complaint to Gregory Van Orman, Authorized Agent for service of process (el) Modified on 08/14/2003
August 14, 2003 Filing 258 PROOF OF SERVICE executed upon defendant Beverly Hills Development Corporation, a California corp; Service by Cal Code on 8/9/03 via personal service by serving summons & complaint on second amended complaint to Gregory Van Orman, Authorized Agent for service of process (el) Modified on 08/14/2003
August 13, 2003 Opinion or Order Filing 273 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer amended complaint [211-1] to 8/25/03 as to defendant Joseph Babajian, defendant Kyle Grasso (yl)
August 13, 2003 Opinion or Order Filing 272 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer amended complaint [211-1] to 8/25/03 as to defendant Herbert I Abrams (yl)
August 13, 2003 Filing 271 PROOF OF SERVICE by receiver David J Pasternak on 8/11/03 of Notice and Report of Receiver; Declarations of David J Pasternak, Samantha Sugar, Ellen Phillips, and Richard Orman; Memorandum of Points and Authorities (yl)
August 13, 2003 Filing 270 PROOF OF SERVICE by receiver David J Pasternak on 8/11/03 of Proposed Order to Show Cause Re Contempt Against Defendants Mark and Peggy Abrams (yl)
August 13, 2003 Filing 269 PROOF OF SERVICE by receiver David J Pasternak on 8/11/03 of Declaration and Affidavit of Noncompliance of Receiver David J Pasternak (yl)
August 13, 2003 Filing 268 PROOF OF SERVICE by receiver David J Pasternak on 8/11/03 of Samantha Sugar (yl)
August 13, 2003 Filing 267 PROOF OF SERVICE by receiver David J Pasternak on 8/11/03 of Declaration of Ellen Phillips (yl)
August 13, 2003 Filing 266 PROOF OF SERVICE by receiver David J Pasternak on 8/11/03 of Declaration of Richard P Ormond (yl)
August 13, 2003 Opinion or Order Filing 255 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Ex parte application and supporting declarations with proposed order submitted received on 8/11/03 to be fld and processed; fld date to be the date doc was stamped "received but not fld" w/the Clerk (pj)
August 13, 2003 Opinion or Order Filing 254 MINUTES: Ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] shall be heard on Friday, 1:30 8/22/03 by Judge Dean D. Pregerson CR: None Present (pj)
August 12, 2003 Filing 253 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by intervenor RBC Mortgage Company of California (pj)
August 12, 2003 Filing 252 NOTICE OF MOTION AND MOTION by intervenor RBC Mortgage Company for leave to intervene ; motion hearing set for 10:00 9/8/03 (pj)
August 12, 2003 Filing 251 OPPOSITION by receiver David J Pasternak to Cleo A Bluth's ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (pj)
August 12, 2003 Opinion or Order Filing 250 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer second amended complaint [211-1] to 8/25/03 as to defendant Michael Dildine (pj)
August 12, 2003 Opinion or Order Filing 249 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer amended complaint [211-1] to 8/25/03 as to defendant Garrett Kreditor (pj)
August 11, 2003 Filing 265 DECLARATION of SAMANTHA SUGAR by receiver David J Pasternak (pj)
August 11, 2003 Filing 264 DECLARATION of RICHARD P ORMOND by receiver David J Pasternak (pj)
August 11, 2003 Filing 263 DECLARATION AND AFFIDAVIT OF NON-COMPLAINCE OF RECEIVER DAVID J PASTERNAK by receiver David J Pasternak (pj)
August 11, 2003 Filing 262 DECLARATION of ELLEN PHILLIPS by receiver David J Pasternak (pj)
August 11, 2003 Filing 261 NOTICE AND REPORT filed by receiver David J Pasternak (pj)
August 11, 2003 Filing 257 STIPULATION filed to extend time to respond to the second amended complaint [211-1] to 8/25/03 as to Beverly Hills Estate, Beverly Hills Estate, Beverly Hills Estate, Mark Abrams, Desert Pacific Fin, Desert Pacific Fin, Desert Pacific Fin, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC (el)
August 11, 2003 Filing 256 EX PARTE APPLICATION filed by receiver David J Pasternak for order to show cause re contempt against defendants Mark Abrams and Peggy Abrams in contempt for violation of various court orders (pj)
August 11, 2003 Filing 246 REPLY by movant California State Te to Receiver's motion to compel payment of rent [165-1] (pj)
August 11, 2003 Filing 243 PROOF OF SERVICE executed upon defendant Jamieson Matykowski; Service by State on 8/5/03 via personal by serving summons and second amended complaint to defendant (pj)
August 11, 2003 Filing 242 PROOF OF SERVICE executed upon defendant Mark Young ; Service by State on 8/4/03 via substituted service by serving summons and second amended; due diligence; first class mail 8/5/03 (pj)
August 8, 2003 Filing 248 PROOF OF SERVICE by miscellaneous Cleo A Bluth on 8/8/03 of ex parte application to amend order appointing permanent receiver to permit filing (pj)
August 8, 2003 Filing 247 SUPPEMENTAL DECLARATION of DAVID M LIU IN SUPPORT by Cleo A Bluth re ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (pj)
August 8, 2003 Filing 241 PROOF OF SERVICE executed upon defendant Marian Masters ; Service by State on 8/6/03 via personal by serving summons and second amended complaint to the defendant (pj)
August 8, 2003 Filing 240 PROOF OF SERVICE executed upon defendant Beverly Hills Construction Management LLC; Service by State on 8/4/03 via personal by serving summons and second amended to R. Lamons Esq authorized agent for service of process (pj)
August 8, 2003 Filing 239 PROOF OF SERVICE executed upon defendant Vic Whitsett ; Service by State on 8/5/03 via personal by serving summons and second amended complaint to the defendant (pj)
August 8, 2003 Filing 238 PROOF OF SERVICE executed upon defendant Cospec Inc; Service by State on 8/4/03 via personal by serving summons and second amended complaint to Thomas R Lamons Esq authorized agent for service of process (pj)
August 8, 2003 Filing 237 PROOF OF SERVICE executed upon defendant Rodeo Financial LLC; Service by State on 8/4/03 via personal serivce by serving summons and second amended complaint to Thomas R. Lamons authorized agent for service of process (pj)
August 8, 2003 Filing 236 MINUTES: Plaintiff's motion for imposition of a constructive trust on excess sale proceeds from via Andrea Property [230-1] shall be heard at the new time 11:00 9/8/03 by Judge Dean D. Pregerson CR: None Present (pj)
August 8, 2003 Filing 235 DECLARATION of RAY TIBBITTS by plaintiff Lehman Brothers Bank re motion for imposition of a constructive trust on excess sale proceeds from via Andrea Property [230-1] (pj)
August 8, 2003 Filing 234 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 8/8/03 of notice of motion and motion for imposition of a constructive trust of excess sale proceeds re via Andrea Property (pj)
August 8, 2003 Filing 233 DECLARATION of CARL PETERSON IN SUPPORT by plaintiff Lehman Brothers Bank re motion for imposition of a constructive trust on excess sale proceeds from via Andrea Property [230-1] (pj)
August 8, 2003 Filing 232 DECLARATION of LORAINE P EBER IN SUPPORT by plaintiff Lehman Brothers Bank re motion for imposition of a constructive trust on excess sale proceeds from via Andrea Property [230-1] (pj)
August 8, 2003 Filing 231 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Lehman Brothers Bank of motion for imposition of a constructive trust on excess proceeds from via Andrea Property [230-1] (pj)
August 8, 2003 Filing 230 NOTICE OF MOTION AND MOTION by plaintiff Lehman Brothers Bank for imposition of a constructive trust on excess sale proceeds from via Andrea Property ; motion hearing set for 10:00 9/8/03 (pj)
August 8, 2003 Opinion or Order Filing 225 ORDER by Judge Dean D. Pregerson GRANTING Lehman Brothers' motion to permit initiation of nonjudicial foreclosure on properties [172-1]. However, in order to protect potentially innocent third parties and ensure that all borrowers receive notice of the non-judicial foreclosure, the Court orders Lehman to send the notice of default to each borrower's last known addresses, as well as to each property address. Accordingly, the motion is granted on the terms set forth above. (el) Modified on 08/20/2003
August 7, 2003 Filing 228 DECLARATION of David M Liu in support of Non-Party Cleo A Bluth's ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (el)
August 7, 2003 Filing 227 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT of Non-Party Cleo A Bluth's ex parte application to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants [226-1] (el)
August 7, 2003 Filing 226 EX PARTE APPLICATION filed by Non-Party Cleo A Bluth to amend order appointing permanent receiver to permit filing of State Court litigation against certain defendants Lodged prop ord (el)
August 7, 2003 PLACED IN FILE - NOT USED PROPOSED ORDER GRANTING LEHMAN BROTHERS' MOTION TO PERMIT INITIATION OF NON-JUDICIAL FORECLOSURE OF RECEIVERSHIP PROPERTIES (el) Modified on 08/20/2003
August 6, 2003 Filing 229 ATTORNEY SUBSTITUTION: terminating attorney John K Rubiner for Matthew Todd Compton, attorney John K Rubiner for Matthew Todd Compton, attorney John K Rubiner for Matthew Todd Compton, attorney John K Rubiner for Matthew Todd Compton by defendant Matthew Todd Compton and substituting attorney Joel David Deutsch by Judge Dean D. Pregerson (el)
August 6, 2003 Filing 224 DECLARATION of DAVID J. PASTERNAK by receiver David J Pasternak in support of ex parte application without notice for entry of order granting receiver authority to immediately enter 442 South Crescent Drive, Beverly Hills, California and to seize any property and records located there [223-1] (jp)
August 6, 2003 Filing 223 EMERGENCY EX PARTE APPLICATION filed by receiver David J Pasternak without notice for entry of order granting receiver authority to immediately enter 442 South Crescent Drive, Beverly Hills, California and to seize any property and records located there ; Lodged Proposed Order (jp)
August 6, 2003 Filing 222 DECLARATION of DAVID J. PASTERNAK by receiver David J Pasternak in support of ex parte application without notice for entry of order granting receiver authority to immediately enter 5843 Arrowhead Lake Road, Hesperia, California and to seize any property and records located there [221-1] (jp)
August 6, 2003 Filing 221 EX PARTE APPLICATION filed by receiver David J Pasternak without notice for entry of order granting receiver authority to immediately enter 5843 Arrowhead Lake Road, Hesperia, California and to seize any property and records located there ; Lodged Proposed Order (jp)
August 6, 2003 Opinion or Order Filing 220 ORDER by Judge Dean D. Pregerson granting ex parte application for order to enter Real Property located at 442 South Cresent Drive, Beverly Hills, CA; that the Receiver, is hereby authorized to immediately enter the above described property and to seize any personal property or records located there which the Receiver reasonable believes is property of the receivership estate. The local Police Department, US Marshal Office and/or County Sheriff shall assist the Receiver in obtaining access by forced entry; the Receiver is duly authorized; the Receiver or his counsel shall serve this Order and all supporting papers excluding any pleadings filed under seal by order of this court upon all parties and their counsel by mail and/or personal delivery one business day after he enter the property located at 442 South Crescent Srive, Beverly Hills, California. (el)
August 6, 2003 Opinion or Order Filing 219 ORDER by Judge Dean D. Pregerson granting ex parte application for order to enter Real Property located at 5843 Arrowhead Lake Road, Hesperia CA 92345 into the Estate; that the Receiver, is hereby authorized to immediately enter the above described property and to seize any personal property or records located there. The local Police Department, US Marshal Office and/or County Sheriff shall assist the Receiver in obtaining access by forced entry; the Receiver is duly authorized; the Receiver or his counsel shall serve this Order and all supporting papers exclusing any pleadings filed under seal by order of this court upon all parties and their counsel by mail and/or personal delivery one business day after he enter the property located at 5843 Arrowhead Lake Road, Hesperia, CA (el)
August 5, 2003 Filing 218 ANSWER filed by defendant Erica Bastiaans to SECOND amended complaint [211-1]; jury demand (el)
August 5, 2003 Opinion or Order Filing 216 ORDER by Judge Dean D. Pregerson granting a preliminary injunction Freezing the Assets of Nicole L Violette aka Nicole Stark, without prejudice to La Violette's moving to vacate the preliminary injunction . 1. LaViolette and her agents, etc. and any persons in active concert or participation with her, excluding the Receiver previously appointed by this Court, are hereby enjoined, until further order of this Court, from directly and indirectly doing or attempting to do any of the following: (see document for details a) to c); 2. the freeze imposed in this order shall be construed to also apply to assets LaViolette may acquire following service of this order. 3. Evey bank or other financial institution where accounts or assets of LaViolette are located is prohibited from transferring nay of those assets except upon order of this Court or upon demand of the Receiver (see doc for specific accounts); this order does not preclude LaViolette from making a motion to vacate this preliminary injunction. Such a motion may be made on shortened notice. (el)
August 4, 2003 Filing 276 RETURN OF USM Form 285 as personal service regarding in search and seizure at the residence executed on 7/30/03 by serving Mark Abrams (pj)
August 4, 2003 Filing 217 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 8/4/03 of Summons on Second A/C; Second A/C; Second Amended Certificate of Interested Parties and Amended Order srved on (see service list) by mail (el)
August 4, 2003 Filing 213 MINUTES: Court hears oral argument and takes the motion to permit initiation of nonjudicial foreclosure on receivership properties [172-1] under submission by Judge Dean D. Pregerson CR: Gail Peeples (yl)
August 1, 2003 Filing 215 THIRD REPORT (PART I) filed by receiver David J Pasternak (yl)
August 1, 2003 Filing 214 SECOND AMENDED CERTIFICATE OF Interested Parties, submitted by plaintiff Lehman Brothers Bank to [30-1] (yl)
August 1, 2003 Filing 211 SECOND AMENDED COMPLAINT [72-1] by plaintiff Lehman Brothers Bank; adding David Compton, Donna Compton, Heather Compton, Michael Dildine, David Stephen Eisenberg, Kryle Grasso, Virginia Grindley, Garrett Kreditor, Nicole LaViolette, Marian Masters, Jamieson Matykowski, Gregory Van Orman, Vic Whitsett, Mark Young, Michael Fitzgerald, Meya Fitzgerald, Beverly Hill Devel, Beverly Hills Const, Beverly Hills Estate, Cospec Inc, Beverly Constr, Rodeo Financial LLC, Wilshire Equipment; jury demand. Summons issued (yl) Modified on 08/18/2003
August 1, 2003 SUMMONS issued as to the 2nd Amended Complaint (yl) Modified on 08/18/2003
July 31, 2003 Filing 210 NOTICE by plaintiff Lehman Brothers Bank of the entry of Fitzgerald's default per order dated 7/22/03. Lehman will prepare a default judgment prove-up for submission upon Lehman's completion of its investigation of Fitzgerald (el)
July 30, 2003 Opinion or Order Filing 208 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to respond to plaintif's First Amended Complaint will be extended until after the Court rules on the plaintif's motion for permission to file th Second Amended Complaint.If the Court makes no order with respect to the time a responsive pleading to the Second Amended Complaint shall be filed, the defendant's responsive pleading will be due 20 days after service of th Second Amended Complaint (el)
July 30, 2003 Opinion or Order Filing 207 AMENDED ORDER by Judge Dean D. Pregerson Granting motion of Lehman Brothers for leave to file Second Amended Complaint (el)
July 29, 2003 Filing 206 PROOF OF SERVICE by movant ACF Partners on 7/28/03 of Order granting ex parte application of AFC Partners for access to documents and information by mail (see attached mailing list) (el)
July 28, 2003 Opinion or Order Filing 212 MINUTES: order to show cause hearing held ; Court, counsel and parties confer regarding the case status by Judge Dean D. Pregerson CR: Gail Peeples (yl)
July 28, 2003 Filing 209 PROCESS RECEIPT AND RETURN - USM Form 285 Executed Search & Seizure; Remaks: Number of deputies 3; Total deputy time 18 hours; R/T mileage 30 miles; Number of vehicles 1 car. (jp)
July 28, 2003 PLACED IN FILE - NOT USED proposed order granting motion of Lehman Brothers for leave to file 2nd A/C (el)
July 28, 2003 Opinion or Order Filing 205 ORDER by Judge Dean D. Pregerson granting ex parte application for order authorizing sale of 5397 via Andrea Real Property free and clear of all liens and interests, with any unreleased and unsatisfied liens to attach to the proceeds of sale [197-1] (yc)
July 28, 2003 Opinion or Order Filing 204 MINUTES: ORDER (IN CHAMBERS) COUNSEL ARE NOTIFIED that on the Court's own motion the motion by plaintiff LehmanBrothers Bank for leave to file second amended complaint [160-1] is hereby taken off calendar, the hearing date vacated and will be decided without oral argument by Judge Dean D. Pregerson CR: None Present (el)
July 28, 2003 Filing 203 OPPOSITION by receiver David J Pasternak to motion to compel payment of rent [165-1]; Declaration of David J Pasternak (el)
July 25, 2003 Filing 202 PROOF OF SERVICE by receiver David J Pasternak on 7/10/03 of Emergency Ex Parte application without notice for entry of order granting receiver authority to immediately enter, etc served on (see attached service list) by mail (el)
July 24, 2003 Filing 201 NOTICE OF NONOPPOSITION by defendant Judith Rebasz Blanchard to the motion of Lehman Brothers Bank for leave to file a second amended complaint (el)
July 24, 2003 Opinion or Order Filing 200 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to respond to plaintiff's first amended complaint [72-1] and proposed second amended complaint for thirty days after te Court allows the filing of the proposed second amended complaint to as to defendant Ray Tibbitts (el)
July 24, 2003 Opinion or Order Filing 199 ORDER by Judge Dean D. Pregerson GRANTING ACF Partners' ex parte application for access to documents [188-1], and GRANTING ex parte application information in possession of Receiver [188-2] (el)
July 24, 2003 Filing 198 DECLARATION of David J Pasternak in support by receiver David J Pasternak re ex parte application for order authorizing sale of 5397 via Andrea Real Property free and clear of all liens and interests, with any unreleased and unsatisfied liens to attach to the proceeds of sale [197-1] (el)
July 24, 2003 Filing 197 EX PARTE APPLICATION filed by receiver David J Pasternak for order authorizing sale of 5397 via Andrea Real Property free and clear of all liens and interests, with any unreleased and unsatisfied liens to attach to the proceeds of sale ; Memorandum of Points and Auhtorities; Lodged Prop ord (el)
July 24, 2003 Opinion or Order Filing 196 STIPULATION and ORDER by Judge Dean D. Pregerson that Mr Holland has until the date that the Court orders to answer or otherwise respond to Plaintiff's Second Amended Complaint (el)
July 22, 2003 Opinion or Order Filing 195 ORDER by Judge Dean D. Pregerson granting Receiver's ex parte application and is hereby authorized to immediately add Real Property located at 5843 Arrowhead Lake Road, Hesperia CA 92345 into the Receivership Estate [191-1], [191-2]; The Receiver or his counsel shall serve this Order and all supporting papers filed in connection with the issuance of this Order upon all parties and their counsel, by mail and/or personal delivery within one business day after he adds the real property in to the receivership estate ; The Receiver is authorized to record this Order with the appropriate County Recorder and/or record a lis pendens against such Property. (nhac)
July 22, 2003 Opinion or Order Filing 194 ORDER HOLDING CHARLES ELLIOT Fitzgerald aka Elliot Fitzgerald aka Charles Fitzgerald and his Wife Meya Fitzgerald in Contempt for Violation of Certain Court Orders by Judge Dean D. Pregerson: 1)Charles Elliot Fitzgerald aka Elliot Fitzgerald aka Charles Fitzgerald and his wife Meya Fitzgerald are found to be in contempt for violations of specific provisions of certain orders issued by this Court (see documents for further details). (nhac)
July 22, 2003 Filing 193 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 7/17/03 of Order issuing a TRO, etc serve on (see service list) by facsimile (el)
July 21, 2003 PLACED IN FILE - NOT USED proposed Order holding Charles Elliot Fitzgerald in contempt for violation of certain court orders (el)
July 21, 2003 Filing 192 DECLARATION of Michael L Wachtell in support by receiver David J Pasternak re ex parte application for order to add Real Property located at 5843 Arrowhead Lake Road, Hesperia CA 92345 into the Receivership Estate [191-1], ex parte application application for lis pendens [191-2] (el)
July 21, 2003 Filing 191 EMERGENCY EX PARTE APPLICATION WITHOUT NOTICE filed by receiver David J Pasternak for order to add Real Property located at 5843 Arrowhead Lake Road, Hesperia CA 92345 into the Receivership Estate , or in the alternative application for lis pendens Lodged prop ord (el)
July 21, 2003 Filing 190 DECLARATION of William F Sperling Esq in support by movant ACF Partners re ex parte application for access to documents [188-1], ex parte application information in possession of Receiver [188-2] (el)
July 21, 2003 Filing 189 DECLARATION of Mark J Linder Esq in support by movant ACF Partners re ex parte application for access to documents [188-1], ex parte application information in possession of Receiver [188-2] (el)
July 21, 2003 Filing 188 EX PARTE APPLICATION filed by movant ACF Partners for access to documents , and information in possession of Receiver Lodged Prop ord (el)
July 18, 2003 Filing 187 SUPPLEMENTAL DECLARATION of Loraine P Eber by plaintiff in support of ex parte application for issuance of orders re Laviolette. (nhac)
July 18, 2003 Opinion or Order Filing 186 AMENDED ORDER by Judge Dean D. Pregerson regarding ex parte application issuing a temporary restraining order freezing the assets of Nicole LaViolette aka Nicole Stark [180-1], 2)An Order authorizing the receiver to seize her assets [180-2], 3)Issuing an order to show cause why a preliminary injunction should not issue [180-3] and 4)Setting service and briefing schedule as follows: Lehman is to serve its Ex Parte Application for Temporary Restraining Order Freezing the Assets of La Violette, this Order, and all declarations and supporting papers, as well as its first amended complaint and proposed second amended complaint, and the Court's Orders of April 17, May 8, and May 20, 2003, on La Violette, and the Ex Parte Application and Order on Defendants, no later than 7/18/03, and the proof of service shall be filed with the Court no later than 12:00 pm on 7/21/03, or cause then given as to why service could not be effected; Unless otherwise agreed by the parties, LaViolette shall appear on 7/28/03, at 1:30 pm in the Courtroom of the Honorable Dean D Pregerson in Department 3 of this Court, to show cause why the temporary restraining order freezing her assets should not become a preliminary injunction on the same grounds ; LaViolette is to serve any response to the Application/Order to Show Cause by hand-delivery or fax on Lehman's counsel and file it with the Court no later than 3:00 pm on 7/23/03; Lehman shall serve any reply by hand-delivery or fax on LaViolette and filed with the Court no later than 12:00 pm on 7/25/03; A Courtesy copy of all papers shall be delivered to Judge Pregerson's chambers; Lehman shall serve this Amended Order upon all parties and their counsel within one business day after the Receiver enters the property located 1927 Prosser Street, Los Angeles, CA 90025 (see documents for further details) (nhac)
July 17, 2003 Opinion or Order Filing 185 ORDER by Judge Dean D. Pregerson regarding ex parte application issuing a temporary restraining order freezing the assets of Nicole LaViolette aka Nicole Stark [180-1], 2)An Order authorizing the receiver to seize her assets [180-2], 3)Issuing an order to show cause why a preliminary injunction should not issue [180-3] and 4)Setting service and briefing schedule as follows: Lehman is to serve its Ex Parte Application for Temporary Restraining Order Freezing the Assets of La Violette, this Order, and all declarations and supporting papers, as well as its first amended complaint and proposed second amended complaint, and the Court's Orders of April 17, May 8, and May 20, 2003, on La Violette, and the Ex Parte Application and Order on Defendants, no later than 7/18/03, and the proof of service shall be filed with the Court no later than 12:00 pm on 7/21/03, or cause then given as to why service could not be effected; Unless otherwise agreed by the parties, LaViolette shall appear on 7/28/03, at 1:30 pm in the Courtroom of the Honorable Dean D Pregerson in Department 3 of this Court, to show cause why the temporary restraining order freezing her assets should not become a preliminary injunction on the same grounds ; LaViolette is to serve any response to the Application/Order to Show Cause by hand-delivery or fax on Lehman's counsel and file it with the Court no later than 3:00 pm on 7/23/03; Lehman shall serve any reply by hand-delivery or fax on LaViolette and filed with the Court no later than 12:00 pm on 7/25/03; A Courtesy copy of all papers shall be delivered to Judge Pregerson's chambers (see documents for further details). (nhac)
July 16, 2003 Filing 184 DECLARATION of Richard Ormond by plaintiff Lehman Brothers Bank re ex parte application for issuance of orders re Nicole Laviolette [180-1], [180-2], [180-3] (nhac)
July 16, 2003 Filing 183 DECLARATION of Loraine P Eber by plaintiff Lehman Brothers Bank re ex parte application for issuance of orders re Nicole Laviolette [180-1], [180-2], [180-3] (nhac)
July 16, 2003 Filing 182 DECLARATION of Howard Grobstein by plaintiff Lehman Brothers Bank re ex parte application for issuance of orders re Nicole Laviolette [180-1], [180-2], [180-3] (nhac)
July 16, 2003 Filing 181 DECLARATION of Ellen Phillips by plaintiff Lehman Brothers Bank re ex parte application for issuance of orders re Nicole Laviolette [180-1], [180-2], [180-3] (nhac)
July 16, 2003 Filing 180 EX PARTE APPLICATION filed by plaintiff Lehman Brothers Bank for issuance of: A temporary restraining order freezing the assets of Nicole laviolette aka Nicole Stark , an Order authorizing the receiver to seize her assets , and an order to show cause why a preliminary injunction should not issue ; Lodged proposed TRO & OSC (nhac)
July 11, 2003 Filing 179 USM Form 285 executed on 7/10/03 regarding Seizure Ordered by Court at 10380 Wilshire Blvd, Unit 2004, LA, CA 90024; Special instructions: Call time 10:30 am (7-10-03) per Officer Roy Tsuchiyama; Remarks: No. of deputies: 2, Total time: 20; R/T mileage: 10; No. of vehicles: 1; Seized property and evidence control attached. (nhac)
July 11, 2003 Filing 178 CERTIFICATION by movant California State Te re motion to compel payment of rent [165-1] (shb)
July 11, 2003 Filing 177 DECLARATION of Ann Cochran by plaintiff Lehman Brothers Bank re motion to permit initiation of nonjudicial foreclosure on receivership properties [172-1] (shb)
July 11, 2003 Filing 176 DECLARATION of Carl Peterson by plaintiff Lehman Brothers Bank re motion to permit initiation of nonjudicial foreclosure on receivership properties [172-1] (shb)
July 11, 2003 Filing 175 DECLARATION of David J Pasternak by plaintiff Lehman Brothers Bank re motion to permit initiation of nonjudicial foreclosure on receivership properties [172-1] (shb)
July 11, 2003 Filing 174 DECLARATION of De'Ann Clark by plaintiff Lehman Brothers Bank re motion to permit initiation of nonjudicial foreclosure on receivership properties [172-1] (shb)
July 11, 2003 Filing 173 MEMORANDUM of points and authorities IN SUPPORT by plaintiff Lehman Brothers Bank of motion to permit initiation of nonjudicial foreclosure on receivership properties [172-1] (shb)
July 11, 2003 Filing 172 NOTICE OF MOTION AND MOTION by plaintiff Lehman Brothers Bank to permit initiation of nonjudicial foreclosure on receivership properties ; motion hearing set for 10:00 8/4/04 (shb)
July 11, 2003 Opinion or Order Filing 171 ORDER by Judge Dean D. Pregerson that the Receiver 1. is authorized nunc pro tunc retain Utah attorneys [166-1], to retain Julian D Jensen Esq of the law firm of Jensen, Duffin & Dibb LLP to initiate an ancillary receivership proceeding in Utah and to assist the Receiver in recovering receivership assets tansferred to or located in the State of Utah; 2. authorizing the Receiver Nunc pro tunc to open mail addressed to entities or individuals affiliated with the receivership estate [166-2], including but not limited to the following individuals or entities: (see document for specific names); 3. that the Receiver retain appraisers of receivership assets [166-3] and 4. the Receiver may enter into a letter of agreement regarding Del Fern LLC and the real property owned by it at Los Angeles, California (el)
July 11, 2003 Opinion or Order Filing 170 STIPULATION and ORDER by Judge Dean D. Pregerson that the motion to dismiss and joinders, the fourteenth claim for relief in the first amended complaint for failure to state a claim, currently set for hearing on 7/28/03 are VACATED (el)
July 10, 2003 Opinion or Order Filing 169 MINUTES (IN CHAMBERS): Defendant Matthew Compton's ex parte application to amend the Receivership Order to allow the receiver to pay Compton's Attorneys' fees and costs is hereby DENIED without prejudice by Judge Dean D. Pregerson; CR: none present (nhac)
July 10, 2003 Filing 168 EX PARTE APPLICATION filed by defendant to amend the receivership order to allow the receiver to pay compton's atty fees and costs; Lodged proposed order (yc)
July 10, 2003 Opinion or Order Filing 167 MINUTES: Order to Show Cause Re Contempt (Court Ordered 6/20/03); Court hears oral argument and takes the matter under submission by Judge Dean D. Pregerson; CR: Emma Lestro (nhac)
July 10, 2003 Filing 166 EX PARTE APPLICATION filed by receiver David J Pasternak 1)for the issuance of of an order authorizing receiver to nunc pro tunc retain Utah attorneys , 2)Nunc pro tunc open mail addressed to entities or individuals affiliated with the receivership estate ; 3)retain appraisers of receivership assets and 4)enter into a letter agreement concerning priority repayment of monies to maintain 200 Del Fern, Los Angeles property; Declaration of David J Pasternak; Lodged proposed order (nhac)
July 10, 2003 Filing 165 NOTICE OF MOTION AND MOTION by Movant California State Teachers' Retirement System to compel payment of rent ; motion hearing set for 10:00 8/18/03; Declaration of Susan C Rifkin (nhac)
July 10, 2003 PLACED IN FILE - NOT USED (Proposed) Order granting defendant Matthew Compton's ex parte application to amend the receivership order to require the receiver to pay Matthew Compton's legal fees and costs (shb)
July 10, 2003 Opinion or Order Filing 164 ORDER by Judge Dean D. Pregerson granting ex parte application for entry of order granting receiver authority to immediately enter 10830 Wilshire Boulevard, Unit 2004, Los Angeles, California and to seize any property and records located there [157-1] (yc)
July 9, 2003 Opinion or Order Filing 163 ORDER by Judge Dean D. Pregerson granting the Receiver's ex parte application for entry of order granting receiver authority to immediately enter 10830 Wilshire Boulevard, Unit 2004, Los Angeles, California and to seize any property and records located there [157-1] (see documents for further details). (nhac)
July 8, 2003 Filing 162 DECLARATION of SUZANNE M. HANKINS by plaintiff Lehman Brothers Bank in support of motion for leave to file second amended complaint [160-1] (jp)
July 8, 2003 Filing 161 MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff Lehman Brothers Bank in support of motion for leave to file second amended complaint [160-1] (jp)
July 8, 2003 Filing 160 NOTICE OF MOTION AND MOTION by plaintiff Lehman Brothers Bank for leave to file second amended complaint ; motion hearing set for 10:00 8/4/03; Lodged Proposed Order (jp)
July 8, 2003 Filing 159 DECLARATION of DAVID J. PASTERNAK by receiver David J Pasternak in support of emergency ex parte application without notice for entry of order granting receiver authority to immediately enter 10830 Wilshire Boulevard, Unit 2004, Los Angeles, California and to seize any property and records located there [157-1] (jp)
July 8, 2003 Filing 158 DECLARATION of MICHAEL ADAMS by receiver David J Pasternak in support of emergency ex parte application without notice for entry of order granting receiver authority to immediately enter 10830 Wilshire Boulevard, Unit 2004, Los Angeles, California and to seize any property and records located there [157-1] (jp)
July 8, 2003 Filing 157 EMERGENCY EX PARTE APPLICATION WITHOUT NOTICE filed by receiver David J Pasternak for entry of order granting receiver authority to immediately enter 10830 Wilshire Boulevard, Unit 2004, Los Angeles, California and to seize any property and records located there (jp)
July 8, 2003 Filing 156 NOTICE OF CHANGE by plaintiff Lehman Brothers Bank in hearing date on Order to show cause regarding contempt and issuance of bench warrant dated 07/07/03 (jp)
July 7, 2003 Filing 155 ANSWER filed by defendant Judith Rebasz Blanchard to first amended complaint [72-1] (nhac)
July 7, 2003 Filing 154 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Judith Rebasz Blanchard (nhac)
July 7, 2003 Opinion or Order Filing 149 MINUTES (IN CHAMBERS): Counsel are notified that on the Court's own motion the order to show cause re contempt (Court ordered 6/20/03) is hereby reset from 7/11/03 to 7/10/03 at 1:30 pm by Judge Dean D. Pregerson; CR: none present (nhac)
July 3, 2003 Opinion or Order Filing 148 ORDER by Judge Dean D. Pregerson granting motion to withdraw as counsel for defendant Charles Elliot Fitzgerald [144-1] attorney Bartholomew P Dalton for Charles Elliott Fitzgerald, attorney Robert L Corbin for Charles Elliott Fitzgerald (el)
July 3, 2003 Opinion or Order Filing 147 MINUTES: ORDER (IN CHAMBERS) COUNSEL ARE NOTIFIED that on the Court's own motion the motion to withdraw as counsel for defendant Charles Elliot Fitzgerald [144-1] for 7/7/03 is taken off calendar, the hearing date vacated and will be be decided without oral argument by Judge Dean D. Pregerson CR: None Present (el)
July 3, 2003 Filing 145 NOTICE OF FILING UNDER SEAL MEMEORNADUM OF POINTS AND AUTHORITIES AND DECLARATION OF ROBERT L CORBIN in support of Motion to withdraw as counsel by defendant Charles Elliott Fitzgerald (el)
July 3, 2003 Filing 144 NOTICE OF MOTION AND MOTION by defendant Charles Elliott Fitzgerald to withdraw as counsel for defendant Charles Elliot Fitzgerald ; motion hearing set for 10:00 7/7/03 (el)
July 3, 2003 Opinion or Order Filing 143 ORDER by Judge Dean D. Pregerson GRANTING Ex Parte Application for order (1) Shortening time for hearing on motion to withdraw; and (2) for leave to file memorandum and declaration IN CAMERA; that the motion to withdraw as counsel will be heard on 7/7/03 at 10:00 and the Memorandum of Points and Authorities and Declaration of Robert L Corbin may be filed IN CAMERA (el) Modified on 07/03/2003
July 2, 2003 PLACED IN FILE - NOT USED (Proposed) order holding Charles Elliot Fitzgerald aka Elliot Fitzgerald aka Charles Fitzgerald and his wife Meya Fitzgerald in contempt for violation of certain court orders (shb)
July 2, 2003 Filing 152 DECLARATION of Patricia M Jones by receiver David J Pasternak (shb)
July 2, 2003 Filing 151 DECLARATION of Michael L Wachtell by receiver David J Pasternak (shb)
July 2, 2003 Filing 150 NOTICE by receiver David J Pasternak and Report of Receiver in support of Holding Charles Elliot Fitzgerald aka Elliot Fitzgerald and his wife Meya Fitzgerald in contempt for violations of certain court orders; Memorandum of points and authorities in support thereof (shb)
July 1, 2003 Opinion or Order Filing 153 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to respond to the first amended complaint [72-1] to and including 7/22/03 as to defendant Ray Tibbitts (nhac)
June 30, 2003 Filing 142 EX PARTE APPLICATION filed by defendant Charles Elliott Fitzgerald for order shortening time for hearing on motion to withdraw , and for leave to file memorandum and declaration IN CAMERA Lodged proposed order (el) Modified on 07/03/2003
June 30, 2003 Opinion or Order Filing 141 MINUTES: ORDER (IN CHAMBERS) COUNSEL ARE NOTIFIED that counsel for Defendant Peggy Abrams, Stanley I Greenberg, filed on 6/20/03 a document entitled "Certification and Notice of Interested Parties" with an incorrect case number. On all documnts subsequently filed in this case, please note the case number is as follwos: CV 03-2702 DDP(PLAx) by Judge Dean D. Pregerson CR: None Present (el)
June 25, 2003 Filing 140 NOTICE OF ISSUANCE OF ORDRE TO SHOW CAUSE RE CONTEMPT AND ISSUANCE OF BENCH WARRANT by receiver David J Pasternak (pj)
June 25, 2003 Filing 139 PROOF OF SERVICE by receiver David J Pasternak on 6/23/03 of ex parte application without notice to parties for entry of an order show re contempt (pj)
June 25, 2003 Filing 138 PROOF OF SERVICE by receiver David J Pasternak on 6/23/03 of declaration of David J Pasternak re taking possession of Defendant Charles Elliott Fitzgerald Real and personal property (pj)
June 25, 2003 Filing 137 PROOF OF SERVICE by receiver David J Pasternak on 6/23/03 of order to show cause re contempt and issuance of bench warrant for defendant (pj)
June 25, 2003 Filing 136 MINUTES: Briefing schedule for the motion to dism the fourteenth claim by defendants and Herbert Abrams; Opposition shall be filed NLT July 8, 2003; Reply shall be due NLT July 15, 2003 by Judge Dean D. Pregerson CR: None Present (pj)
June 23, 2003 Opinion or Order Filing 135 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer first amended complaint [72-1] to 7/11/03 as to defendant Judith Rebasz Blanchard (pj)
June 20, 2003 PLACED IN FILE - NOT USED ORDER TO SHOW CAUSE RE CONTEMPT (pj)
June 20, 2003 Filing 134 CERTIFICATION OF INTERESTED PARTIES filed by defendant Peggy Abrams - (pj)
June 20, 2003 Filing 133 ANSWER filed by defendant Peggy Abrams to first amended complaint [72-1] (pj)
June 20, 2003 Opinion or Order Filing 132 ORDER by Judge Dean D. Pregerson Having read and CONSIDERED Receiver's ex parte application for order to show cause re contempt and of bench warrant for defendant Charles Elliot Fitzgerald Elliot Fitzgerald aka Charles Fitzgerald and his wife Meya Fitzgerald etc [128-1] ; order to show cause why this Court should not find them in contempt and hearing set for 1:30 7/11/03 ; The Receiver may submit an additional memorandum of points and authorities no later than July 1, 2003. Defendant Charles Elliot Fitzgerald and his wife Meya Fitzgerald may file opposition brief no later than July 7, 2003 (pj)
June 19, 2003 Opinion or Order Filing 130 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer first amended complaint [72-1] to 7/18/03 as to defendant Timothy Holland (pj)
June 19, 2003 Filing 129 DECLARATION of DAVID J PASTERNAK re taking possession of Defendant Charles Elliott Fitzgerald real and personal property by receiver (pj)
June 19, 2003 Filing 128 EX PARTE APPLICATION filed by receiver David J Pasternak for order to show cause re contempt and issuance of bench warrant for defendant Charles Elliot Fitzgerald aka Elliot Fitzgerald aka Charles Fitzgerald and his wife Meya Fitzgerald etc Lodged proposed order (pj)
June 19, 2003 Opinion or Order Filing 127 ORDER by Judge Dean D. Pregerson that a mandatory status/scheduling conf is set for 4:00 9/8/03; parties are reminded of their obligation to disclose information and confer on a discovery plan no later than 21 days prior to the shceduling conference and file a Rule 26(f) Report (el)
June 18, 2003 Opinion or Order Filing 126 ORDER by Judge Dean D. Pregerson GRANTING preliminary injunction freezing assets of Hebert Abrams, Mark Abrams, Peggy Abrams, Ray Tibbitts and Charles Elliott Fitzgerald [39-2] (pj)
June 17, 2003 Filing 125 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Herbert I Abrams (pj)
June 17, 2003 Filing 124 NOTICE OF MOTION AND MOTION by defendant Herbert I Abrams to dismiss the fourteenth claim for relief in the first amended complaint for failure to state a claim ; motion hearing set for 10:00 7/28/03 (pj)
June 17, 2003 Filing 123 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Erica Bastiaans (pj)
June 17, 2003 Filing 122 ANSWER filed by defendant Erica Bastiaans to first amended complaint [72-1]; jury demand (pj)
June 17, 2003 Opinion or Order Filing 121 ORDER by Judge Dean D. Pregerson authorizing Receiver to turnover Gulfstream Aircraft to Secured Lender, GE Capital Corporation [106-1] (pj)
June 17, 2003 Opinion or Order Filing 120 ORDER by Judge Dean D. Pregerson AMENDMENT of order confirming appointment of Receiver to provide authority to take possession of assets provide authorithy to take possession of assets of Mark Abrams; Peggy Abrams; Charles Elliott Fitzgerald; Hebert I Abrams individually and as Trustee of the DPF Irrevocable Trust and Ray Tibbitts individually and as Trustee ofthe CTR Irrevocable Trust[96-1] (pj)
June 17, 2003 Opinion or Order Filing 119 ORDER by Judge Dean D. Pregerson authorizing Receiver to waive Attorney/Client privilege [108-1], amending May 8, 2003 order confirming appointment of permanent Receiver etc [108-2] (pj)
June 17, 2003 Opinion or Order Filing 118 ORDER by Judge Dean D. Pregerson GRANTING ex parte application for access to documents and information in possession of Receiver [104-1] (pj)
June 17, 2003 PLACED IN FILE - NOT USED PROPOSED ORDER AUTHORIZING RECEIVER TO WAIVE AND AMENDING MAY 8, 2003 ORDER (pj)
June 16, 2003 Filing 131 MINUTES: OSC re TRO. Defendant Beverly Hills Estates Funding Application to modify the preliminary injunction, Defendant Fitzgerald's application to modify the preliminary injunction. Court hears oral argument and takes the matter under submission by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj)
June 13, 2003 Filing 116 DECLARATION of PETER SWEENEY IN SUPPORT by receiver David J Pasternak re ex parte application for order authorizing Receiver to turnover Gulfstream Aircraft to Secured Lender, GE Capital Corporation [106-1] (pj)
June 13, 2003 Filing 113 FIRST SUPPLEMENTAL INVENTORY by receiver David J Pasternak (pj)
June 13, 2003 Filing 112 DECLARATION of RONALD KAPLAN RE DESTRUCTION OF EVIDENCE by receiver David J Pasternak (pj)
June 13, 2003 Filing 111 RECEIVER'S SECOND REPORT filed by receiver David J Pasternak (pj)
June 13, 2003 Filing 110 DECLARATION of RICHARD P ORMOND REGARDING NOTICE by receiver David J Pasternak re ex parte application for order authorizing Receiver to turnover Gulfstream Aircraft to Secured Lender, GE Capital Corporation [106-1] (pj)
June 13, 2003 Filing 109 DECLARATION of RICHARD P ORMOND REGARDING by receiver David J Pasternak re ex parte application authorizing Receiver to waive Attorney/Client privilege [108-1], amending May 8, 2003 order confirming appointment of permanent Receiver etc [108-2] (pj)
June 13, 2003 Filing 108 EX PARTE APPLICATION filed by receiver David J Pasternak authorizing Receiver to waive Attorney/Client privilege , amending May 8, 2003 order confirming appointment of permanent Receiver etc Lodged proposed order (pj)
June 13, 2003 Filing 107 DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver David J Pasternak re ex parte application for order authorizing Receiver to turnover Gulfstream Aircraft to Secured Lender, GE Capital Corporation [106-1] (pj)
June 13, 2003 Filing 106 EX PARTE APPLICATION filed by receiver David J Pasternak for order authorizing Receiver to turnover Gulfstream Aircraft to Secured Lender, GE Capital Corporation Lodged proposed order (pj)
June 13, 2003 Filing 105 DECLARATION of RICHARD SALDINGER AND RUSSELL F SAUER JR IN SUPPORT by movant RBC Mortgage Company re ex parte application for access to documents and information in possession of Receiver [104-1] (pj)
June 13, 2003 Filing 104 EX PARTE APPLICATION filed by movant RBC Mortgage Company for access to documents and information in possession of Receiver Lodged proposed order (pj)
June 13, 2003 Filing 103 DECLARATION of HOWARD GROBSTEIN IN SUPPORT OF by plaintiff Lehman Brothers Bank re reply [97-1] (pj)
June 13, 2003 Filing 102 DECLARATION of DAVID J PASTERNAK IN SUPPORT by plaintiff Lehman Brothers Bank reply [97-1] (pj)
June 13, 2003 Filing 101 DECLARATION of LORAINE P EBER IN SUPPORT by plaintiff Lehman Brothers Bank re reply [97-1] (pj)
June 13, 2003 Filing 100 REQUEST by plaintiff Lehman Brothers Bank for Judicial Notice in support of reply re preliminary injunction freezing Herbert Abrams Assets (pj)
June 13, 2003 Filing 99 REPLY by plaintiff Lehman Brothers Bank to Defendant Mark Abrams application to modify the preliminary injunction and order appointing Receiver entered on May 8, 2003 and Temporary Restraining order entered on the same date [87-1] (pj)
June 13, 2003 Filing 98 REPLY by plaintiff Lehman Brothers Bank to Elliot Fitzgerald's application to modify the preliminary injunction and order appointing Receiver entered on May 8, 2003 and temporary restraining order entered on same date [90-1] (pj)
June 13, 2003 Filing 97 REPLY MEMORANDUM by plaintiff Lehman Brothers Bank in support of issuance of preliminary injunction freezing assets of Herbert Abrams (pj)
June 13, 2003 Filing 96 APPLICATION filed by plaintiff Lehman Brothers Bank seeking amendment of order confirming appointment of Receiver to provide authorithy to take possession of assets of Mark Abrams; Peggy Abrams; Charles Elliott Fitzgerald; Hebert I Abrams individually and as Trustee of the DPF Irrevocable Trust and Ray Tibbitts individually and as Trustee ofthe CTR Irrevocable Trust Lodged proposed order (pj)
June 13, 2003 Filing 95 DECLARATION of DAVID J PASTERNAK RE DESTRUCTION OF EVIDENCE by receiver David J Pasternak (pj)
June 13, 2003 Opinion or Order Filing 94 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer first amended complaint [72-1] to 6/20/03 as to defendant Peggy Abrams - (pj)
June 13, 2003 Filing 93 NOTICE OF ENTRY OF ORDER by defendant Matthew Todd Compton, et al (el)
June 12, 2003 Filing 117 JOINDER by defendant Charles Elliott Fitzgerald joining Beverly Hills Estates funding Inc et al motion to dismiss the fourteenth claim for relief in the first amended complaint [114-1] (pj)
June 11, 2003 Filing 115 CERTIFICATION OF INTERESTED PARTIES filed by defendant Beverly Hills Estate, defendant Beverly Hills Estate, defendant Beverly Hills Estate, defendant Mark Abrams, defendant Desert Pacific Fin, defendant Desert Pacific Fin, defendant Desert Pacific Fin, defendant PTD Partners LLC, defendant PTD Partners LLC (pj)
June 11, 2003 Filing 114 NOTICE OF MOTION AND MOTION by Defendants Beverly Hills Estate, Beverly Hills Estate, Beverly Hills Estate, Mark Abrams, Desert Pacific Fin, Desert Pacific Fin, Desert Pacific Fin, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC to dismiss the fourteenth claim for relief in the first amended complaint for failure to state a claim ; motion hearing set for 10:00 7/28/03 (pj)
June 10, 2003 Opinion or Order Filing 92 STIPULATION and ORDER by Judge Dean D. Pregerson continuing time to answer, move or otherwise respond to the First amended complaint [72-1] to 7/11/03 as to Matthew Todd Compton, Matthew Todd Compton dba Pacific California Estates Reality, Matthew Todd Compton dba Estates Escrow, Matthew Todd Compton dba Star Escrow (el)
June 10, 2003 Opinion or Order Filing 91 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer to first amended complaint [72-1] to 7/8/03 as to defendant Ray Tibbitts (el)
June 9, 2003 Filing 90 APPLICATION filed by defendant Charles Elliott Fitzgerald aka Elliot Fitzgerald to modify the preliminary injunction and order appointing Receiver entered on May 8, 2003 and temporary restraining order entered on same date (pj)
June 9, 2003 Filing 86 OPPOSITION by defendant Herbert I Abrams to motion for issuance of an OSC why a preliminary injunction should not be issued [39-2] (pj)
June 5, 2003 Opinion or Order Filing 85 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer first amended complaint [72-1] to 6/17/03 as to defendant Timothy Holland (pj)
June 4, 2003 Opinion or Order Filing 89 STIPULATION and ORDER by Judge Dean D. Pregerson extending time to answer first amended complaint [72-1] to 6/12/03 as to Lehman Brothers Bank, Beverly Hills Estate, Beverly Hills Estate, Beverly Hills Estate, Mark Abrams, Desert Pacific Fin, Desert Pacific Fin, Desert Pacific Fin, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC, PTD Partners LLC (pj)
June 4, 2003 Opinion or Order Filing 88 STIPULATION and ORDER that defendant's time to respond to the FAC, which currently expires on June 2, 2003 may be extended to June 12, 2003 by Judge Dean D. Pregerson (pj)
June 4, 2003 Filing 84 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by defendant Matthew Todd Compton (pj)
May 29, 2003 Filing 83 STIPULATION filed to extend time to answer amended complaint [72-1] to 7/9/03 as to defendant Herbert I Abrams (pj)
May 27, 2003 Filing 82 PROOF OF SERVICE executed upon defendants Erica Bastiaans, Judith Rebasz Blanchard; Service by (statute not specified) on 5/27/03; service by mail by serving first amended complaint, amended certificate of interested parties; Lehman Brothers Bank, FSB's Ex Parte Application for Issuance of a TRO Freezing the Assets of Mark Abrams and Tibbitts; Issuance of an OSC why a Preliminary Injunction should not be issued (see documents for further details). (nhac)
May 27, 2003 Filing 76 PROOF OF SERVICE executed upon defendant Matthew Todd Compton dba Star Escrow; Service by Federal Statute on 5/22/03 via Substituted service by serving Summons and First Amended Complaint to Heather Compton, Wife and by mail on 5/23/03; Due Diligence Declaration attached (mch)
May 27, 2003 Filing 75 PROOF OF SERVICE executed upon defendant Matthew Todd Compton dba Estates Escrow; Service by Federal Statute on 5/22/03 via Substituted service by serving Summons and First Amended Complaint to Heather Compton, Wife and by mail on 5/23/03; Due Diligence Declaration attached (mch)
May 27, 2003 Filing 74 PROOF OF SERVICE executed upon defendant Matthew Todd Compton dba Pacific California Estates Realty; Service by Federal Statute on 5/22/03 via Substituted service by serving Summons & First Amended Complaint to Heather Compton, Wife and by mail on 5/23/03; Due Diligence Declaration attached (mch)
May 23, 2003 Filing 80 PROOF OF SERVICE by receiver David J Pasternak on 5/22/03 of Stipulation & order authorizing Receiver to employ T.R.E.O. Property Management to manage real properties of the receivership estate; & Order: Third amendment to order confirming appointment of permanent receiver (mg)
May 21, 2003 Filing 71 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 5/20/03 of summons and other documents on Ray Tibbitts (pj)
May 21, 2003 Filing 70 PROOF OF SERVICE on Ray Tibbetts as Trustee of CTR Irrevocable Trust by plaintiff Lehman Brothers Bank by fax of summons, amended proof service & other documents (pj)
May 21, 2003 Filing 69 PROOF OF SERVICE by receiver David J Pasternak on 5/20/03 of appl for an order amending the order confirming appointment of Permanent Receiver and memo of points and authorities in support (pj)
May 20, 2003 Filing 79 PROOF OF SERVICE executed upon defendant Herbert I Abrams, individually; Service by Federal Statute on 5/18/03 via Personal service by serving Summons & First Amended Complaint to Herbert I Abrams, Defendant (mch)
May 20, 2003 Filing 78 PROOF OF SERVICE executed upon defendant Peggy Abrams - ; Service by Federal Statute on 5/17/03 via Personal service by serving Summons & First Amended Complaint to Peggy Abrams, Defendant (mch)
May 20, 2003 Filing 77 PROOF OF SERVICE executed upon defendant Herbert I Abrams, as Trustee for the DPF Irrevocable Trust; Service by Federal Statute on 5/18/03 via Personal service by serving Summons & First Amended Complaint to Herbert I. Abrams, Trustee authorized to accept service of process (mch)
May 20, 2003 Filing 73 STIPULATION and EX PARTE APPLICATION by Judge Dean D. Pregerson continuing; order to show cause hearing set for 2:00 6/16/03 (pj)
May 20, 2003 Opinion or Order Filing 68 STIPULATION and ORDER the Receiver may employ T.R.E.O Inc a California corporation to provide property management services for the Real Properties by Judge Dean D. Pregerson (pj)
May 20, 2003 Opinion or Order Filing 67 THIRD AMENDMENT TO ORDER CONFIRMING APPOINTMENT OF PERMANENT RECEIVER: The Receiver David Pasternak and his agents are authorized to gain immeditate access located at 626 N Maple Dr, 202 Wilkil Place Palm Desert by Judge Dean D. Pregerson [64-1] (pj)
May 20, 2003 Filing 66 DECLARATION of GREGORY J CALDWELL IN SUPPORT by receiver David J Pasternak re ex parte application for third order amending the order confirming appointment of permanent receiver [64-1] (pj)
May 20, 2003 Filing 65 DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver David J Pasternak re ex parte application for third order amending the order confirming appointment of permanent receiver [64-1] (pj)
May 20, 2003 Filing 64 EX PARTE APPLICATION filed by receiver David J Pasternak for third order amending the order confirming appointment of permanent receiver Lodged s/c & 3rd amd ord (pj)
May 14, 2003 Filing 81 AMENDED PROOF OF SERVICE executed upon all interested parties; Service by (statute not specified) on 5/14/03 via mail by serving first amended complaint and amended certificate of interested parties (nhac)
May 14, 2003 Filing 72 FIRST AMENDED COMPLAINT [1-1] by plaintiff Lehman Brothers Bank; adding Matthew Todd Compton, Matthew Todd Compton, Matthew Todd Compton, Charles Elliott Fitzgerald, Herbert I Abrams, Peggy Abrams , Ray Tibbitts; jury demand. Summons not issued (pj)
May 14, 2003 Filing 63 AMENDED CERTIFICATE OF INTERESTED PARTIES filed by plaintiff Lehman Brothers Bank (pj)
May 14, 2003 SUMMONS issued ON FIRST AMENDED COMPLAINT (pj)
May 12, 2003 Filing 59 DECLARATION of DAVID J PASTERNAK IN SUPPORT by receiver David J Pasternak re application for order amending the order confirming appointment of permanenet receiver [56-1] (pj)
May 12, 2003 Filing 58 DECLARATION of MICHAEL L WACHTELL IN SUPPORT by receiver David J Pasternak re application for order amending the order confirming appointment of permanenet receiver [56-1] (pj)
May 12, 2003 Filing 57 DECLARATION of GREGORY J CALDWELL IN SUPPORT by receiver David J Pasternak re application for order amending the order confirming appointment of permanenet receiver [56-1] (pj)
May 12, 2003 Filing 56 APPLICATION filed by receiver David J Pasternak for order amending the order confirming appointment of permanenet receiver Lodged proposed order (pj)
May 12, 2003 Filing 55 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 5/10/03 of issuing a tro, amending the order, issuing an order (pj)
May 12, 2003 Filing 54 PROOF OF SERVICE by plaintiff Lehman Brothers Bank on 5/9/03 of order issuing a tro, amending order confirming, issuing osc (pj)
May 12, 2003 Filing 53 REPORT RE GOOD CAUSE AS TO WHY SERVICE WAS NOT EFFECTED ON RAY TIBBITS filed by plaintiff Lehman Brothers Bank (pj)
May 12, 2003 Opinion or Order Filing 52 AMENDING ORDER CONFIRMING APPOINTMENT OF PERMANENT RECEIVER: David J Pasternak by Judge Dean D. Pregerson (pj)
May 9, 2003 Filing 87 APPLICATION filed by defendant to modify the preliminary injunction and order appointing Receiver entered on May 8, 2003 and Temporary Restraining order entered on the same date (pj)
May 8, 2003 Opinion or Order Filing 62 MINUTES PRELIMINARY INJUNCTION HEARING (COURT ORDERED 4/17/03) Court hears oral argument and takes the matter under submission by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj)
May 8, 2003 Filing 61 DECLARATION of WILLIAM INGRAM by receiver David J Pasternak (pj)
May 8, 2003 Filing 60 DECLARATION of MARK BLACKETT by receiver David J Pasternak (pj)
May 8, 2003 Filing 51 PROOF OF SERVICE executed upon defendant Beverly Hills Estates Funding Inc, a California corporation Service by FRCP on 4/19/03 via personal service by serving summons & complaint to Thomas R Lamons, Agent authorized to accept service of process (el)
May 8, 2003 Filing 50 PROOF OF SERVICE executed upon defendant Beverhills Funding Inc dba On-Time Escrow ; Service by FRCP on 4/19/03 via personal service by serving summons & complaint to above defendant Beverly Hills Estate ; Served on Thomas R Lamons, agent authorized to accept service of process (el)
May 8, 2003 Filing 49 PROOF OF SERVICE executed upon defendant Beverly Hills Estates Funding Inc dba Estates Funding served on Thomas R Lamons, Agent authorized to accept service of process Service by FRCP on 4/19/03 via personal service by serving summons & complaint (el)
May 8, 2003 Filing 48 PROOF OF SERVICE executed upon defendant Matthew Todd Compton; Service by FRCP on 4/19/03 via personal service by serving summons & complaint to above defendant Matthew Todd Compton (el)
May 8, 2003 Filing 47 PROOF OF SERVICE executed upon defendant Pacific Reality, an unknown business entity, sserved on Matthew Todd Compton, agent aughorized to accept service of process; Service by FRCP on 4/18/03 via personal service defendant Pacific Realty ; Service by on 4/18/03 via by serving to (el)
May 8, 2003 Filing 46 PROOF OF SERVICE executed upon defendant Timothy Holland; Service by FRCP on 4/19/03 via personal service by serving summons & complaint to above defendant defendant Timothy Holland ; Service by on via by serving to Timothy Holland (el)
May 8, 2003 Filing 45 PROOF OF SERVICE executed upon defendant Judith Rebasz Blanchard; Service by FRCP on 4/19/03 via personal service by serving summons & complaint to above defendant (el)
May 8, 2003 Filing 44 PROOF OF SERVICE executed upon defendant Erica Bastiaans; Service by FRCP on 4/21/03 via personal service by serving summons & complaint to Erica Bastiaans (el)
May 8, 2003 Filing 43 DECLARATION of Rick Skogg in support by plaintiff Lehman Brothers Bank re ex parte application for temporary restraining order freezing the assets of Mark Abrams; Chrles Elliott Fitzgerald aka Elliott Fitzgerald aka Charles Fitzgerald; Herbert I Abrams; Peggy Abrams and Ray Tibbitts [39-1], ex parte application for issuance of an OSC why a preliminary injunction should not be issued [39-2] (el)
May 8, 2003 Filing 42 DECLARATION of Carl Peterson in support by plaintiff Lehman Brothers Bank re ex parte application for temporary restraining order freezing the assets of Mark Abrams; Chrles Elliott Fitzgerald aka Elliott Fitzgerald aka Charles Fitzgerald; Herbert I Abrams; Peggy Abrams and Ray Tibbitts [39-1], ex parte application for issuance of an OSC why a preliminary injunction should not be issued [39-2] (el)
May 8, 2003 Filing 41 DECLARATION of Howard Grobstein in support by plaintiff Lehman Brothers Bank re ex parte application for temporary restraining order freezing the assets of Mark Abrams; Chrles Elliott Fitzgerald aka Elliott Fitzgerald aka Charles Fitzgerald; Herbert I Abrams; Peggy Abrams and Ray Tibbitts [39-1], ex parte application for issuance of an OSC why a preliminary injunction should not be issued [39-2] (el)
May 8, 2003 Filing 40 DECLARATION of David J Pasternak in support by plaintiff Lehman Brothers Bank re ex parte application for temporary restraining order freezing the assets of Mark Abrams; Chrles Elliott Fitzgerald aka Elliott Fitzgerald aka Charles Fitzgerald; Herbert I Abrams; Peggy Abrams and Ray Tibbitts [39-1], ex parte application for issuance of an OSC why a preliminary injunction should not be issued [39-2] (el)
May 8, 2003 Filing 39 EX PARTE APPLICATION filed by plaintiff Lehman Brothers Bank for temporary restraining order freezing the assets of Mark Abrams; Chrles Elliott Fitzgerald aka Elliott Fitzgerald aka Charles Fitzgerald; Herbert I Abrams; Peggy Abrams and Ray Tibbitts , for issuance of an OSC why a preliminary injunction should not be issued Lodged prop ord (el)
May 8, 2003 Opinion or Order Filing 38 ORDER CONFIRMING APPOINTMENT OF PERMANENT RECEIVER by Judge Dean D. Pregerson (see document for further details). (jp)
May 8, 2003 Opinion or Order Filing 37 ORDER by Judge Dean D. Pregerson ORDER TO SHOW CAUSE AND SERVICE AND BRIEFING SCHEDULE: Confirming Appointment of Permanent Receiver are to be served on the Recipients and defendants no later than 05/09/03 and the proof of service sahll be filed with the Court no later than 2:00 p.m. on 05/12/03, or cause then given as to why service could not be effected. The Recipients shall appear on 5/19/03 @ 10:00 wo show cause wy the temporary restraining order freezing their assets should not become a preliminary injunction on the same grounds. Any Response from the Recipients is to be served by hand-delivery or fax on Lehman's counsel and filed with the Court no later than 4:00 p.m. on 05/14/03. Any Reply by Leham ins to served by hand-delivery or fax on the Recipients and filed with the Court no later than 12:00 p.m. on 05/16/03. (jp)
May 7, 2003 Filing 36 RECEIVER'S INITIAL INVENTORY (pj)
May 7, 2003 Filing 35 DECLARATION of MARK BLACKETT (pj)
May 7, 2003 Filing 34 DECLARATION of WILLIAM INGRAM (pj)
May 7, 2003 Filing 33 RECEIVER'S INITIAL REPORT filed (pj)
May 7, 2003 Filing 32 INDEX OF PROPERTY ADDRESSES OF EXCROW FILES HELD BY RECEIVER (pj)
May 6, 2003 Opinion or Order Filing 31 MINUTES: Order to show cause re preliminary injunction hearing set for 2:00 5/8/03 by Judge Dean D. Pregerson CR: None Present (pj)
May 1, 2003 Filing 30 CERTIFICATE OF INTERESTED PARTIES filed by plaintiff Lehman Brothers Bank (el)
May 1, 2003 Filing 29 NOTICE OF UNDERTAKING in amount of $ One Million and No/100 (Bond No. 6164308)) from Safeco Insurance Company of America as to plaintiff Lehman Brothers Bank FSB (el) Modified on 06/23/2003
April 25, 2003 Opinion or Order Filing 27 STIPULATION and ORDER by Judge Dean D. Pregerson ; order to show cause hearing set for 4:00 5/9/03 ; The Receivership Defendants shall file with the Court and serve by fax or personal service their opposition to the OSC no later than 12pm on May 5, 2003; Plaintiff shall file with the Court and serve by fax or personal service its reply no later than 12pm on May 7, 2003; and Plaintiff shall post a bond in the amount of $1,000,000 no later than May 5, 2003 (pj)
April 24, 2003 Opinion or Order Filing 28 NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson ordering Plaintiff's bond submitted by plaintiff Lehman Brothers Bank received on 4/24/03 is not to be fld but instead rejected; Denial based on: Lacking signature of attorney (el)
April 18, 2003 Filing 24 NOTICE OF UNDERTAKIHNG in amount of $ 100,000.00 (Bond No. 411077) from American Contractors Indemnity Company (pj)
April 17, 2003 Opinion or Order Filing 26 MINUTES: The Court hears oral argument on ex parte application for issuance of a temporary restraining order [3-1] and takes the matter UNDER SUBMISSION by Judge Dean D. Pregerson CR: N/A (pj)
April 17, 2003 Opinion or Order Filing 25 MINUTES: ORDER (IN CHAMBERS) This action has been assigned to the calendar of Judge D Pregerson. Counsel are encouraged to review te Central District's website for additional information. The address is "http://www.cacd.uscourts.gov" by Judge Dean D. Pregerson CR: None Present (el)
April 17, 2003 Opinion or Order Filing 17 ORDER TO FILE DOCUMENTS UNDER SEAL by Judge Dean D. Pregerson IT IS ORDERED that Lehman has permission to file the 2 declarations and their attachments under seal. Any subsequent filing of any of these documents shall also be under seal. The documents are to remain under seal unless and until this Court orders them unsealed [15-1] (pj)
April 17, 2003 Opinion or Order Filing 16 ORDER by Judge Dean D. Pregerson ISSUING temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], David Pasternak is hereby temporary receiver. The filing of a Receiver's bond in the amount o f$100,000.00. The Receiver shall not have the authority to make disbursements totaling in excess of $5,000.00 without prior Court order [3-2], The summons and complaint, the ex parte application & supporting papers are to be served on the defendants no later than 4/18/03, and the proof of service shall be filed with the court. [3-3] , Defendants shall appear order to show cause hearing why tro freezing assets etc set for 2:30 4/28/03 . Any response from the defendants is to be served no later than 4pm on 4/23/03. Reply by Lehman filed with the Court no later than 1200pm 4/25/03 (pj)
April 17, 2003 Filing 15 EX PARTE APPLICATION filed by plaintiff Lehman Brothers Bank to file documents under seal Lodged propsd ord (jag)
April 17, 2003 Filing 14 DECLARATION of DAVID J PASTERNAK by plaintiff Lehman Brothers Bank in support of ex parte application appointment of a temporary receiver [3-2] (jag)
April 17, 2003 Filing 13 DECLARATION of BRUCE D BRUNNER by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 12 REQUEST by plaintiff Lehman Brothers Bank for Judicial Notice in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], re ex parte application appointment of a temporary receiver [3-2], re ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 11 DECLARATION of LUIS KRUEGER by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 10 DECLARATION of ALEJANDRO VENEZUELA by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 9 DECLARATION of JENNIFER NORRIS by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 8 DECLARATION of ANDREA QUINONES by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 7 DECLARATION of RUTH DIXON by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 6 DECLARATION of SUZANNE M HANKINS by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 5 DECLARATION of SUSAN K MILLER by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 4 DECLARATION of JON DAVIS by plaintiff Lehman Brothers Bank in support of ex parte application for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents [3-1], ex parte application appointment of a temporary receiver [3-2], ex parte application issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed [3-3] (jag)
April 17, 2003 Filing 3 EX PARTE APPLICATION filed by plaintiff Lehman Brothers Bank for issuance of a temporary restraining order to freeze the assets of the company defendants and to prohibit the defendants from destroying pertinent documents , appointment of a temporary receiver , issuance of an order to show cause why a preliminary injunction should not be issued and a permanent receiver should not be appointed Lodged propsd order (jag)
April 17, 2003 Filing 2 CERTIFICATE OF INTERESTED PARTIES filed by plaintiff Lehman Brothers Bank (jag)
April 17, 2003 Filing 1 COMPLAINT filed Summons(es) issued referred to Discovery Paul L. Abrams (jag)

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Defendant: Nicole LaViolette
Represented By: David S McLane
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Defendant: J Gregory Van Orman
Represented By: Michael S Wildermuth
Represented By: Daniel J Quisenberry
Represented By: Gary W Nevers
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Defendant: A-1 Appraisal Service
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Defendant: Prudential California Realty-John Aaroe Division
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Defendant: Erica Bastiaans
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Defendant: Beverly Hills Estates Funding Inc
Represented By: Frederick D Friedman
Represented By: Ellyn S Garofalo
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Defendant: Mark Young
Represented By: Gerald L Zack
Represented By: Ronald P Slates
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Defendant: PTD Partners LLC
Represented By: Joseph Francis Coyne, Jr
Represented By: Ellyn S Garofalo
Represented By: David S Reidy
Represented By: Frederick D Friedman
Represented By: Kenneth A O'Brien, Jr
Represented By: Michael L Wachtell
Represented By: Richard P Ormond
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Defendant: Garrett Kreditor
Represented By: James Robert Evans, Jr
Represented By: Julia L Birkel
Represented By: Daniel J McCarthy
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Defendant: Jamieson Matykowski
Represented By: Kenneth M Miller
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Defendant: Donna Compton
Represented By: John L Hosack
Represented By: Joel David Deutsch
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Defendant: Desert Pacific Financial Inc
Represented By: Frederick D Friedman
Represented By: Ellyn S Garofalo
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Defendant: Scott Robinson
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Defendant: Marian Masters
Represented By: Marc C Rosenberg
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Defendant: Judith Rebasz Blanchard
Represented By: Shannon H Farrell
Represented By: David E Jacobs
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Defendant: David Compton
Represented By: John L Hosack
Represented By: Joel David Deutsch
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Defendant: Kyle Grasso
Represented By: Alexander Rufus-Isaacs
Represented By: Steven Berkowitz
Represented By: Anthony Michael Glassman
Represented By: David A Carman
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Defendant: Ray Tibbitts
Represented By: Clark Waddoups
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Defendant: Charles Fitzgerald
Represented By: Robert L Corbin
Represented By: Bartholomew P Dalton
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Defendant: Nicole Stark
Represented By: David S McLane
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Defendant: Jan Van Orman
Represented By: Michael H Rosenstein
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Defendant: Ellen Hutt
Represented By: William O Fleischman
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Defendant: Joseph Babajian
Represented By: Steven Berkowitz
Represented By: Anthony Michael Glassman
Represented By: Jeff Augustini
Represented By: Stephen D Miller
Represented By: David A Carman
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Defendant: Greg Van Orman
Represented By: Michael S Wildermuth
Represented By: Daniel J Quisenberry
Represented By: Gary W Nevers
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Defendant: Beverly Hills Estates Construction Corporation
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Defendant: America-1 Appraisal Service
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Defendant: Heather Compton
Represented By: John L Hosack
Represented By: Joel David Deutsch
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Defendant: Prudential California Realty
Represented By: Joseph Francis Coyne, Jr
Represented By: Robert Dean MacGill
Represented By: Karoline E Jackson
Represented By: Michael J Hulka
Represented By: Kenneth A O'Brien, Jr
Represented By: Kathleen L Matsoukas
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Defendant: FSC Ventures, Inc.
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Defendant: Michael Dildine
Represented By: Cathy Q T Pham Zotti
Represented By: Scott W Wellman
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Defendant: Does 1 through 10, inclusive
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Cross defendant: Charles Elliott Fitzgerald
Represented By: Robert L Corbin
Represented By: Bartholomew P Dalton
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Cross defendant: Wilshire Equipment Rentals, Inc
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Cross defendant: Beverly Hills Developement Corporation
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Cross defendant: Cospec Inc
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Cross defendant: Meya Fitzgerald
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Cross defendant: Charles Jansen
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Cross defendant: Peggy Abrams, -
Represented By: Stanley I Greenberg
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Cross defendant: Virginia Grindley
Represented By: David W Wiechert
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Intervenor defendant: Gregory Van Orman
Represented By: Michael S Wildermuth
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Intervenor defendant: Eoin Kreditor
Represented By: Michael K Maher
Represented By: Daniel J McCarthy
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Intervenor defendant: John Greg Van Orman
Represented By: Michael S Wildermuth
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Intervenor defendant: Del Fern LLC
Represented By: James Robert Evans, Jr
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Intervenor defendant: Lila Rizk
Represented By: Joseph C Campo
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Intervenor defendant: Beverly Hills Construction Management, LLC
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Intervenor defendant: Michael Fitzgerald
Represented By: Victor A Sahn
Represented By: Israel Saperstein
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Intervenor defendant: 2601 Bowmont Drive LLC
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Intervenor defendant: Summit Ridge LLC
Represented By: James Robert Evans, Jr
Represented By: Daniel J McCarthy
Represented By: David Ming Liu
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Intervenor defendant: Matthew Todd Compton
Represented By: Gary S Lincenberg
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Intervenor defendant: William Bill Thomas
Represented By: Lawrence D Lewis
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Intervenor defendant: Stone Canyon Bellagio LLC
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Intervenor defendant: Herbert I Abrams
Represented By: Janet S Sherman
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Intervenor defendant: Timothy Holland
Represented By: Mark Andrew Byrne
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Intervenor defendant: 2701 Bowmont Drive LLC
Represented By: James Robert Evans, Jr
Represented By: David Ming Liu
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Intervenor defendant: Robert Holland
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Intervenor defendant: Vic Whitsett
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Intervenor defendant: Coldwell Banker Residential Brokerage Company
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Intervenor defendant: Elliott Fitzgerald
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Intervenor defendant: David Stephen Eisenberg
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Intervenor defendant: Rodeo Financial LLC
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Intervenor defendant: 655 Sarbonne LLC
Represented By: James Robert Evans, Jr
Represented By: David Ming Liu
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Intervenor defendant: Beverly Hills Development Corporation
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Intervenor defendant: Mark Abrams
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Intervenor defendant: Beverly Hills Construction Management Inc
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Intervenor defendant: 1777 Summit Ridge LLC
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Intervenor defendant: Does 1 through 100, inclusive
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Intervenor defendant: Summit Ridge II LLC
Represented By: James Robert Evans, Jr
Represented By: Daniel J McCarthy
Represented By: David Ming Liu
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Intervenor defendant: Pacific Realty
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Intervenor defendant: 1407 Davies Drive LLC
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Intervenor defendant: California Title Company
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Intervenor defendant: 1261 Angelo Drive LLC
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Intervenor defendant: United States of America
Represented By: Kendra S McNally
Represented By: Jeremy D Matz
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Intervenor defendant: 2545 BWMT LLC
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Intervenor defendant: Stradella LLC
Represented By: James Robert Evans, Jr
Represented By: David Ming Liu
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Petitioner: John Z. Jeppesen
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Petitioner: Hansen & Associates
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Petitioner: Gerald M Friedman
Represented By: Nancy E Encarnacion
Represented By: Michael Scott Robinson
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Petitioner: ACF Partners
Represented By: David M Almaraz
Represented By: Gregg Adam Martin
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Petitioner: Michael J Fitzgerald
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Petitioner: Steve Y Kim
Represented By: Nancy E Encarnacion
Represented By: Michael Scott Robinson
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Petitioner: California State Teachers' Retirement System
Represented By: Randy P Orlik
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Petitioner: Melvin Markman
Represented By: Nancy E Encarnacion
Represented By: Michael Scott Robinson
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Petitioner: Marvin Gussman
Represented By: Nancy E Encarnacion
Represented By: Michael Scott Robinson
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Petitioner: Clinton K Michaelis
Represented By: John N Zarian
Represented By: Jerrold E Abeles
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Petitioner: Barbara Markman
Represented By: Nancy E Encarnacion
Represented By: Michael Scott Robinson
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Petitioner: Geraldine W Michaelis
Represented By: John N Zarian
Represented By: Jerrold E Abeles
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Petitioner: Union Bank of California
Represented By: John N Zarian
Represented By: Jerrold E Abeles
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Intervenor plaintiff: RBC Mortgage Company of California
Represented By: Brian T Glennon
Represented By: Jennifer Anne Carmassi
Represented By: Scott L Schmookler
Represented By: David Anthony Bernardoni
Represented By: Jay D Harker
Represented By: John S Na
Represented By: Arnold E Sklar
Represented By: Russell F Sauer
Represented By: Ernest E Price
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Intervenor plaintiff: RBC USA Holdco Corporation
Represented By: Ernest E Price
Represented By: Scott L Schmookler
Represented By: Jay D Harker
Represented By: Arnold E Sklar
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Intervenor: Harriet Jasper, -
Represented By: Douglas B Schwab
Represented By: William O Fleischman
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Intervenor: Harold Jasper, -
Represented By: Douglas B Schwab
Represented By: William O Fleischman
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Claimant: D B Krauter
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Counter defendant: Lehman Brothers Bank FSB
Represented By: Suzanne M Hankins
Represented By: Loraine P Eber
Represented By: Michael J Bertinetti
Represented By: Mark Joseph Kenney
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Plaintiff: Juan Gonzalez
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Receiver: David J Pasternak
Represented By: Ernest E Price
Represented By: Michael S Wildermuth
Represented By: David J Pasternak
Represented By: David S Reidy
Represented By: John W Patton, Jr
Represented By: Michael L Wachtell
Represented By: Richard P Ormond
Represented By: Raquel Vallejo
Represented By: J Alexandra Rhim
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Not classified by court: Lawrence A Brockman
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