In RE: Morry Waksberg, MD
| Judy Knapp, Express Lawsuit Funding, Alfred H. Siegel, Kiesel, Boucher and Larson, Ronald L. Belsome, Lawsuit Financial, Paul M. Hittleman, Keith Pomeroy, Daniel M. Graham, William A. Kent, Federico Castellan Sayro, Whitehaven PI Fund, Levene, Neale, Bender, Rankin & Brill LLP, Jeffrey C. Bogert, Robert Gerstein, Ida Waksberg, Rastegar & Mattern, APC, Mark Nachman, Michael Schwartz, Girardi & Keese and Glenn Farkas |
| Morry Waksberg, M.D. |
| 2:2008cv07393 |
| November 7, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Margaret M Morrow |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 88
MINUTE ORDER IN CHAMBERS Order Dismissing Case by Judge Margaret M. Morrow: On May 9, 2011, the court issued a minute order setting forth a briefing schedule regarding the 9th Cir. Mandate vacating and remanding the action back to this court. Waksberg's opening brief was due May 31, 2011. No opening brief having been filed, the court dismisses the action for failure to prosecute and failure to comply with this court's orders. (Made JS-6. Case Terminated.) (bp)
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| Filing 87 NOTICE of Change of Attorney Information for attorney Daniel H Reiss counsel for Appellee Levene, Neale, Bender, Rankin & Brill LLP. Adding Daniel H. Reiss as attorney as counsel of record for Levene, Neale, Bender, Rankin & Brill L.L.P. for the reason indicated in the G-06 Notice. Filed by Defendant Levene, Neale, Bender, Rankin & Brill L.L.P. (Reiss, Daniel) |
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Filing 82
MINUTE ORDER IN CHAMBERS Order Setting Briefing Schedule; Setting Hearing Date by Judge Margaret M. Morrow: On March 28, 2011, the court received a mandate vacating and remanding the case to this court. Accordingly, the court sets a briefing schedule and hearing regarding the bankruptcy appeal as follows: Opening brief: May 31, 2011. Responsive brief: June 28, 2011. Reply brief: July 12, 2011. Hearing on appeal: August 29, 2011 at 10:00 a.m. (Made JS-5, Case reopened) (bp)
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| Filing 80 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #59 CCA # 09-56406. The decision of the Ninty Circuuit is to vacate and remand. See the document for the details. Mandate received in this district on 3/28/2011. (dmap) |
| Filing 77 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #59 as to Appellant Morry Waksberg, MD; Receipt Number: 132788, Paid in the amount of $455. (lr) |
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Filing 73
ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #59 filed by Morry Waksberg, M.D., CCA # 09-56406. Order received in this district on 2/10/10. Within 21 days after the date of this order, appellant shall pay $455 to the district court as the docketing and filing fees for this appeal. (cbr)
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| Filing 72 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56406, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #59 as to Appellant Morry Waksberg, MD. (lr) |
| Filing 62 FILING FEE LETTER issued as to Plaintiff Morry Waksberg, MD, re a 5.00 filing fee and a $450.00 docket fee are required to be paid to the Clerk, U.S. District Court re Notice of Appeal to 9th Circuit Court of Appeals #59 (lr) |
| Filing 61 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals #59 filed by Morry Waksberg, M.D.. Transcripts: none requested. (lr) |
| Filing 60 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #59 . (Keiter, Mitchell) |
| Filing 59 NOTICE OF APPEAL to the 9th CCA filed by Appellant Morry Waksberg, MD. Appeal of Order on Motion for Reconsideration, #58 . (Filing Fee not paid.) (Keiter, Mitchell) |
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Filing 58
ORDER DENYING APPELLANT'S MOTION FOR RECONSIDERATION #34 by Judge Margaret M. Morrow: Appellant's motion for relief from judgment/reconsideratio of the court's order dismissing the bankruptcy appeal is denied. As this action is closed, no further motions will be considered. (ah)
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Filing 57
MINUTES (IN CHAMBERS): ORDER DENYING EX PARTE APPLICATION TO FILE MOTION FOR CONTINUANCE by Judge Margaret M. Morrow: denying #56 Ex Parte Application to Continue (bp)
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| Filing 56 EX PARTE APPLICATION to Continue Hearing from August 3, 2009 to August 17, 2009 Application to file Request filed by Appellant Morry Waksberg, MD.(Keiter, Mitchell) |
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Filing 55
IN CHAMBERS ORDER TAKING MOTION #34 OFF CALENDAR by Judge Margaret M. Morrow: Motion for Reconsideration is vacated and taken off calendar. The matter is deemed submitted on 08/03/2009. (ah)
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| Filing 54 Objection Opposition re: MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 #34 - Appellee's Evidentiary Objections to Declaration of Morry Waksberg Filed in Support of Appellant's Reply to Opposition to Motion For Reconsideration of Order Dismissing Appeal Pursuant to FRBP 9024, FRCP 60(b) (with proof of service) filed by Appellee Levene, Neale, Bender, Rankin & Brill LLP. (Arnold, Todd) |
| Filing 42 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: On May 15, 2009, appellant Morry Waksburg filed a motion for reconsideration pursuant to Federal Rule of Civil Procedure 60(b). The motion is currently scheduled for hearing on Monday, July 20, 2009. The Court, on its own motion, hereby continues the hearing to Monday, 8/3/2009 at 10:00 AM before Judge Margaret M. Morrow. (bp) |
| Filing 41 REPLY Support MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 #34 filed by In re Debtor Morry Waksberg, MD. (Keiter, Mitchell) |
| Filing 40 Opposition Opposition re: MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 #34 - Opposition to Motion For Reconsideration of Order Dismissing Appeal Pursuant to Fed. R.Bank.P. 9024, Fed. R.Civ.P. 60(b); Memorandum of Points and Authorities; Declaration of Krikor J. Meshefejian in Support Thereof (with Exhibits A-D) (with proof of service) filed by Appellee Levene, Neale, Bender, Rankin & Brill LLP. (Attachments: #1 Exhibit A, B, C, #2 Exhibit D, Part 1, #3 Exhibit D, Part 2)(Arnold, Todd) |
| Filing 39 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: On May 15, 2009, appellant Morry Waksberg filed a motion for reconsideration pursuant to Federal Rule of Civl Procedure 60(b). The motion is currently scheduled for hearing on Monday, July 13, 2009. The court, on its own motion, hereby continues the hearing to Monday, July 20, 2009 at 10:00 a.m. (bp) |
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Filing 38
IN CHAMBERS ORDER ADVANCING BRIEFING SCHEDULE by Judge Margaret M. Morrow: The briefing schedule to the MOTION for Reconsideration #34 is advanced as follows: Opposition due 06/05/2009. Reply due 06/12/2009. (ah)
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| Filing 34 NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 filed by Debtor/Appellant Morry Waksberg, MD. Motion set for hearing on 7/13/2009 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Exhibit Towery Declaration, #2 Exhibit january statement of issues, #3 Exhibit february statement of issues)(Keiter, Mitchell) |
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Filing 33
IN CHAMBERS ORDER DENYING EX PARTE APPLICATION #31 by Judge Margaret M. Morrow: The Ex Parte Application for Reconsideration is denied. (ah)
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Filing 32
ORDER STRIKING MOTION FOR RECONSIDERATION #29 by Judge Margaret M. Morrow: the following document(s) be STRICKEN for the following reasons: SEE ORDER. (ah)
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| Filing 31 EX PARTE APPLICATION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 filed by Debtor/Appellant Morry Waksberg, MD.(Keiter, Mitchell) |
| Filing 30 EXHIBIT 1-3 to MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 #29 filed by In re Debtor Morry Waksberg, MD. (Attachments: #1 Exhibit James Towery Declaration, #2 Exhibit January statement of issues, #3 Exhibit February statement of issues)(Keiter, Mitchell) |
| Filing 29 [STRICKEN] NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, #28 filed by debtor/appellant Morry Waksberg, MD. (Keiter, Mitchell) Modified on 5/13/2009 (ah). |
| Filing 28 MINUTES OF IN CHAMBERS ORDER DISMISSING BANKRUPTCY APPEAL: the court has already issued an order in this action detailing the bankruptcy rules' procedural requirements. Despite this, Waksberg has not rectified the deficiencies in any of his pending appeals. Given this fact, the court concludes that issuing additional orders to show cause, and providing additional time to Waksberg to comply with procedural requirements, would only serve to cause further delay, and would be futile. For these reasons, the appeal is dismissed. Appellee's motion to dismiss is denied as moot Judge Margaret M. Morrow:, (Made JS-6. Case Terminated.) (bp) |
| Filing 24 REQUEST to Substitute attorney Mitchell Keiter in place of attorney Morry Waksberg, M.D., pro se filed by Appellant Morry Waksberg, MD, Morry Waksberg, MD. (bp) |
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Filing 22
NOTICE OF DISCREPANCY AND ORDER: by Judge Margaret M. Morrow, ORDERING Substitution of Attorney submitted by Appellant Morry Waksberg, MD received on 3/13/09 is not to be filed but instead rejected. Denial based on: No order with substitution. (ah)
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| Filing 21 NOTICE of filing documents in accordance with federal rule of bankrputcy procedure 8006; declaration of Morry Waksberg, M.D. filed by Appellant Morry Waksberg, MD. (bp) |
| Filing 20 RESPONSE to order to show cause re: Dismissal because of lack of prosecution filed by Appellant Morry Waksberg, MD (bp) |
| Filing 18 NOTICE OF MOTION AND MOTION for Extension of Time to File in Compliance With Federal Bankruptcy Rule 8006 Pending Ruling on Concurrently Filed Motion to Dismiss Appeal (with proof of service) filed by Appellee Levene, Neale, Bender, Rankin & Brill LLP. (Arnold, Todd) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Bankruptcy Appeal or Alternatively, for an Order Striking Late Filings Under Federal Bankruptcy Rule of Procedure 8006; Declaration of Daniel H. Reiss (with Exhibits A and B) (with proof of service) filed by Appellee Levene, Neale, Bender, Rankin & Brill LLP. (Arnold, Todd) |
| Filing 19 DESIGNATION OF RECORD filed by In re Debtor Morry Waksberg, MD. (bp) |
| Filing 15 Opposition filed by debtor/appellant Morry Waksberg, MD. to Minutes of In Chambers Order to Show Cause, #11 (bp) |
| Filing 11 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: On December 19, 2008, a written response was filed seeking an additional 30 days to respond to the Order to Show Cause. The grants the request and extends the deadline to January 20, 2009. (bp) |
| Filing 10 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: re: Response #9 . The grants the request and extends the deadline to January 20, 2009. No further extension will be granted. Failure to comply with this courts orders will result in the immediate dismissal of the action without further notice. (rrey) |
| Filing 9 RESPONSE to Order to Show Cause Re: Dismissal Because of Lack of Prosecution filed by Appellant Morry Waksberg, MD. (csi) |
| Filing 8 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret M. Morrow: The court, on its own motion, orders appellant(s) to show cause in writing on orbefore December 19, 2008 why this action should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of appellants response. (rrey) |
| Filing 7 NOTICE OF BANKRUPTCY APPEAL DOCUMENT DISCREPANCY regarding please be advised that the items marked below have not been filed as required by the Federal Rules of Bankruptcy procedure 8006; statement of issues, designation of record, notice of transcript and no transcript has been filed as ordered forwarded to Judge Margaret M. Morrow. (bp) |
| Filing 6 U.S. BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT TRANSMITTAL; Notice of transfer of appeal to district court; regarding BAP: CC-08-1256. (ghap) |
| Filing 5 BANKRUPTCY APPEAL TRANSMITTAL FORM regarding Notice of Appeal; Notice of Referral and Copy of Court Docket Bk.Case Partial. (ghap) |
| Filing 4 NOTICE OF REFERRAL OF APPEAL (ADVERSARY) prepared by the United States Bankruptcy Court on 10/8/08. (ghap) |
| Filing 3 APPELLEE'S STATEMENT RE: ELECTION TO TRANSFER APPEAL TO DISTRICT COURT filed by Appellee Levene, Neale, Bender, Rankin & Brill LLP. (ghap) |
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Filing 2
NOTICE OF APPEAL: Re: Order Approving First and Final Application of Levene, Neale, Bender, Rankin & Brill L.L.P. and Howard & Howard, Certified Public Accountants, Inc. for Approval of Fees and Reimbursement of Expenses entered on 9/23/08 by Bankruptcy Judge Sheri Bluebond, filed in the Bankruptcy Court on 10/3/08. Bankruptcy Court case number: 2:06-bk-16096-BB, Adversary number: N/A, BAP case number: CC-08-1256. Filed by Appellant Morry Waksberg, MD (Attachments: #1 Court Docket Sheets, #2 BAP Court Docket Sheets)(ghap)
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| Filing 1 NOTICE REGARDING APPEAL FROM BANKRUPTCY COURT. One of the parties having so requested, this appeal from the Bankruptcy Court is assigned to Judge Margaret M. Morrow for all further proceedings. Bankruptcy Court case number: 2:06-bk-16096-BB, Adversary number: N/A, BAP case number: CC-08-1256, filed by appellant Morry Waksberg, MD. (ghap) |
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