Securities and Exchange Commission v. Diversified Lending Group, Inc. et al
Plaintiff: Securities and Exchange Commission
Defendant: Diversified Lending Group, Inc., Estate of Bruce Friedman, Tina M. Placourakis and Applied Equities, Inc.
Petitioner: Consolidated Healthcare Services, LLC, Wilda M Goering, LS 2003 Trust and Paul L Goering
Not Classified By Court: Joy Isles, Jeffrey N Walker, Dean E Ziegler, Betty L Ziegler, Douglas Emmett 1997 LLC, Michael Bennett, Ronald E Isles and Elizabeth Versten
Claimant: Kraig S Ivie, Heather A Bell, Oliver Goold and Sean Fitzgerald
Interested Party: Dorothy Shepherd, Consolidated Healthcare Services LLC, NetJets Aviation Inc, Robert Aucelluzzo and Diane Dubois Kovats
Receiver: Receiver David A Gill
Case Number: 2:2009cv01533
Filed: March 4, 2009
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
County: Los Angeles
Presiding Judge: Manuel L Real
Referring Judge: Suzanne H Segal
Nature of Suit: Securities/Commodities
Cause of Action: 15:77
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2016 Filing 552 Mail Returned addressed to Gilbert Mikalian, Banning Gill Diamond and Kollitz LLP, re Order Discharging Receiver #550 . (gk)
November 30, 2016 Filing 551 NOTICE Deposit of Unclaimed Distribution Funds Into The Courts Registry filed by Receiver David A Gill. (Gill, David)
November 29, 2016 Opinion or Order Filing 550 ORDER DISCHARGING RECEIVER by Judge Manuel L. Real: The Court having considered the Declaration of David A. Gill re Completion of Tasks to Close Case filed by David A. Gill, the Receiver #549 , IT IS HEREBY ORDERED that the case is closed to any further proceedings absent good cause shown. The Receiver is discharged from any further service or responsibility to the receivership estate, except that the Receiver shall file a notice of his having deposited the unclaimed distribution funds into the Court's registry. The bond of the Receiver is hereby exonerated. (gk)
November 21, 2016 Filing 549 FINAL REPORT of COMPLETION OF TASKS TO CLOSE CASE filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order, #5 Affidavit proof of service)(Gill, David)
April 1, 2016 Filing 548 Mail Returned addressed to Gilbert Mikalian re Order #547 . (iv)
March 21, 2016 Opinion or Order Filing 547 ORDER ON STIPULATION BETWEEN RECEIVER AND SUPERIOR COURT COUNSEL RE TRANSFER OF RECORDS by Judge Manuel L. Real: Upon Stipulation #543 , IT IS HEREBY ORDERED that: Effective 1/1/2016, possession and control over the Diversified Lending Group records are transferred to the Diversified Superior Court Counsel, as defined in the Stipulation. They will be responsible for paying the storage fees and for paying for the destruction of the records, once they are no longer needed. The Receiver will transfer to the trust account of Foley Bezek Behle & Curtis, LLP, the amount of $2,605.72, budgeted to pay for the destruction of the Diversified Lending Group records. The Receiver will make available to the Diversified Superior Court Counsel his index to the records at File Keepers. Once the Receiver transfers the records, he will have no further responsibility for those records. See document for further details. (gk)
March 16, 2016 Filing 546 NOTICE OF LODGING filed re Stipulation for Order #543 (Attachments: #1 Proposed Order)(D'Alba, Michael)
March 15, 2016 Filing 545 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Stipulation Between Receiver & Superior Court Counsel filed 3/9/2016 #543 . Counsel shall submit a proposed order in compliance with the Local Rule 58-10 no later than 12:00 P.M. PST of 3/16/2016, with courtesy copies delivered to chambers. Counsel shall submit the proposed order by filing a "Notice of Lodging" as the main document, and uploading the proposed order as an attachment to the notice. (gk)
March 9, 2016 Filing 544 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Between Receiver and Superior Court Counsel Re Transfer of Records filed 3/9/2016 #543 . The following error(s) was found: The proposed order lacks a date/signature line for the judge, Local Rule 58-10. 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. (gk)
March 9, 2016 Filing 543 STIPULATION for Order Transfer of Records filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(D'Alba, Michael)
December 18, 2015 Filing 542 Mail Returned addressed to Gilbert Mikalian re Order on Motion for Order #540 (iv)
November 12, 2015 Filing 541 Mail Returned addressed to Gilbert Mikalian re EX PARTE APPLICATION for Leave to file Under Seal #537 . (iv)
November 6, 2015 Opinion or Order Filing 540 ORDER GRANTING RECEIVER'S SUPPLEMENTAL REPORT AND ACCOUNT AND MOTION FOR ORDER TO CLOSE RECEIVERSHIP CASE AND RELATED RELIEF by Judge Manuel L. Real: IT IS HEREBY ORDERED that: The Supplemental Report and Account #528 is approved. The Receiver is authorized to reserve and pay $10,358.00 for projected non-professional expenses for closing of the case as set forth in the Supplemental Report and Account. The Receiver is authorized to pay professional fees and expenses in the sum of $145,585.71. The Receiver is authorized to abandon and destroy the books and records relating to the estate by no later than 12/31/2015, unless an agreement is secured by the Receiver to pay for continued storage of those books and records by the litigants in the state court cases. The Receiver is authorized to make a distribution to supplement the final distribution to investor creditors from any remaining funds and is authorized to pay to Rust Omni an amount not to exceed $3,000.00 to implement the proposed distribution. See document for further details. (gk)
October 27, 2015 Filing 539 SCHEDULING NOTICE TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Receiver David A Gill's MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) Authorizing Payment of Fees and Expenses of Receiver and his Professionals for Supplemental Reporting Period; (3) Authorizing Receiver to Abandon and Destroy all Records Relating to Estate by no Later than December 31, 2015; or Reach Agreement that Private Litigants will pay for their Continued Storage; (4) Approving Supplemental Distribution from Remaining Receivership Funds to Investor Creditors; (5) Discharge of Receiver #528 set for hearing on November 2, 2015 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of November 2, 2015 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
October 23, 2015 Opinion or Order Filing 538 ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR AUTHORITY TO FILE UNDER SEAL PURSUANT TO L.R. 79-5.1 THE SUPPLEMENTAL PROOF OF SERVICE OF THE NOTICE OF RECEIVER'S SUPPLEMENTAL REPORT AND ACCOUNT AND MOTION FOR ORDER TO CLOSE RECEIVERSHIP CASE AND RELATED RELIEF, #537 by Judge Manuel L. Real. IT IS HEREBY ORDERED that: l. The Application is GRANTED in its entirety. (lom)
October 23, 2015 Filing 536 SEALED DOCUMENT- SUPPLEMENTAL Proof of Service List to: Notice of Receiver's Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, etc. (docket no. 530) (mat)
October 21, 2015 Filing 537 EX PARTE APPLICATION FOR AUTHORITY TO FILE UNDER SEAL PURSUANT TO L.R. 79-5.1 THE SUPPLEMENTAL PROOF OF SERVICE OF THE NOTICE OF RECEIVER'S SUPPLEMENTAL REPORT AND ACCOUNT AND MOTION FOR ORDER TO CLOSE RECEIVERSHIP CASE AND RELATED RELIEF filed by Receiver David A Gill. (lom)
October 21, 2015 Filing 535 NOTICE of Manual Filing filed by Receiver David A Gill of (1) Receiver's Ex Parte Application to File Supplemental Proof of Service of Notice of Receiver's Supplemental Report, etc; (2) Order Granting Ex Parte Application; (3) Supplemental Proof of Service. (D'Alba, Michael)
October 13, 2015 Filing 534 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) #528 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
October 2, 2015 Filing 533 DECLARATION of George E. Schulman in Support of NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) #528 filed by Receiver David A Gill. (Attachments: #1 Exhibit fees and costs)(Schulman, George)
October 2, 2015 Filing 532 DECLARATION of R. Todd Neilson and David W. Callaghan in Support of NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) #528 filed by Receiver David A Gill. (Gill, David)
October 2, 2015 Filing 531 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) #528 filed by Receiver David A Gill. (Gill, David)
October 2, 2015 Filing 530 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) #528 filed by Receiver David A Gill. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
October 2, 2015 Filing 529 DECLARATION of Receiver In Support of NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) #528 filed by Receiver David A Gill. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit professional fees, #3 Exhibit professional fees, #4 Exhibit expenses)(Gill, David)
October 2, 2015 Filing 528 NOTICE OF MOTION AND MOTION for Order for Close Receivership Case Receivers Supplemental Report and Account and Motion for Order to Close Receivership Case and Related Relief, Including: (1) Approving Receivers Supplemental Report and Account; (2) Authorizing Payment of Fees and Expenses of Receiver and his Professionals for Supplemental Reporting Period; (3) Authorizing Receiver to Abandon and Destroy all Records Relating to Estate by no Later than December 31, 2015; or Reach Agreement that Private Litigants will pay for their Continued Storage; (4) Approving Supplemental Distribution from Remaining Receivership Funds to Investor Creditors; (5) Discharge of Receiver filed by Receiver David A Gill. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Summary of Receipts, #3 Exhibit Estate cash receipts, #4 Exhibit Estate cash receipts, #5 Exhibit Estate cash receipts, #6 Exhibit Asset case report) (Gill, David)
July 10, 2015 Filing 527 FINAL JUDGMENT AS TO DIVERSIFIED LENDING GROUP, INC. AND APPLIED EQUITIES, INC. by Judge Manuel L. Real: Upon Stipulation #526 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants Diversified Lending Group, Inc. and Applied Equities, Inc. and Defendants' agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. Section 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. Section 240.10b-5, by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security, etc. Defendants shall pay disgorgement of $161,156,299, which disgorgement amount is deemed satisfied by the distributions made by the Receiver to the investors in this proceeding. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff Securities and Exchange Commission is has determined to forego seeking a civil penalty against Defendants, and the claim for a civil penalty is hereby DISMISSED. See document for further details. (MD JS-6, Case Terminated). (gk)
June 30, 2015 Filing 526 STIPULATION for Order to Consent to Final Judgment of Diversified Lending Group, Inc. and Applied Equities, Inc. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Judgment)(Bulgozdy, John)
February 9, 2015 Filing 525 NOTICE of Filing of Bond of Creditor's Agent Rust Consulting/OMNI filed by Receiver David A Gill. (Schulman, George)
February 9, 2015 Filing 524 NOTICE of Filing of Withdrawal of Claim no. 1075 of Consolidated Healthcare Services, LLC filed by Receiver David A Gill. (Schulman, George)
December 11, 2014 Filing 523 Mail Returned addressed to Gilbert Mikalian re Order,,,, #518 (pj)
December 11, 2014 Filing 522 Mail Returned addressed to Gilbert Mikalian re Order on Ex Parte Application to Seal (Document), #515 (pj)
December 11, 2014 Filing 521 Mail Returned addressed to Gilbert Mikalian re Minutes of In Chambers Order/Directive - no proceeding held,, #511 (pj) Modified on 12/11/2014 (pj).
December 11, 2014 Filing 520 Mail Returned addressed to Gilbert Mikalian re Order on Ex Parte Application for Settlement #517 (pj)
November 19, 2014 Opinion or Order Filing 518 ORDER GRANTING RECEIVER'S REPORT AND ACCOUNT; RECOMMENDATION FOR PROPOSED FINAL DISTRIBUTION TO INVESTOR CREDITORS; AND SEVENTH AND FINAL REQUEST FOR APPROVAL OF PROFESSIONAL FEES AND EXPENSES by Judge Manuel L. Real. IT IS HEREBY ORDERED that: The Report is approved, allowed, and settled in its entirety, which includes authorization to do all of the things necessary to complete the case, as follows: a. The Receiver is authorized to file final tax returns; b. The Receiver is authorized to complete resolution of Consolidated Healthcare Systems settlement as set forth in the Report: 3. The Receiver's and his professionals' fees and expenses requested in the Report from October 1, 2012, through September 30, 2014, in the aggregate amount of $1,414,325.90, plus costs of $38,571.07 are approved, and the Receiver is authorized to pay fees and expenses fro the current period at this time. However, previously disallowed fees from prior applications are denied as they were found to be unreasonable. The Receiver is authorized to reserve $110,000.00 for projected and non-professional administrative fees and expenses as set forth in the Report, re Notice (Other), #510 (bp)
November 17, 2014 Opinion or Order Filing 517 ORDER APPROVING RECEIVERS EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENT RECONSOLIDATED HEALTHCARESERVICES, LLC by Judge Manuel L. Real: #513 (pj)
November 14, 2014 Filing 516 DECLARATION of Michael G. D'Alba In Support of EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Re Consolidated Healthcare Services, LLC #513 Declaration Of Michael G. DAlba Re Email Service Of Receivers Ex Parte Application To Approve Settlement Agreement Re Consolidated Healthcare Services, LLC filed by Receiver David A Gill. (D'Alba, Michael)
November 13, 2014 Filing 513 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Re Consolidated Healthcare Services, LLC filed by Receiver David A Gill. (Attachments: #1 Exhibit settlement agreement, #2 Proposed Order, #3 Affidavit proof of service)(Schulman, George)
November 12, 2014 Filing 519 SEALED DOCUMENT- SUPPLEMENTAL PROOF OF SERVICE LIST TO: Notice of Receiver's Report and Account; Recommendation for Proposed Final Distribution to Investor Creditors; and Seventh and Final Request for Approval of Professional Fees and Expenses. (mat)
November 12, 2014 Opinion or Order Filing 515 ORDER GRANTING Receiver's Ex Parte Application for Authority to File Under Seal Pursuant to L.R. 79-5.1 The Supplemental Proof of Service of the Notice of Receiver's Report and Account; Recommendation for Proposed Final Distribution to Investor Creditors; and Seventh and Final Request for Approval of Professional Fees and Expenses #514 by Judge Manuel L. Real. (jp)
November 12, 2014 Filing 512 SUPPLEMENT filed by Receiver David A Gill. (Gill, David)
November 11, 2014 Filing 510 NOTICE Notice Of Receipt Of Objection To Receivers Report And Account; Proposed Distribution To Investor Creditors; And Seventh And Final Request For Approval Of Professional Fees And Expenses filed by Receiver David A Gill. (Schulman, George)
November 10, 2014 Filing 514 RECEIVER'S EX PARTE APPLICATION for Authority to File Under Seal Pursuant to L.R. 79-5.1 The Supplemental Proof of Service of the Notice of Receiver's Report and Account; Recommendation for Proposed Final Distribution to Investor Creditors; and Seventh and Final Request for Approval of Professional Fees and Expenses; Memorandum of Points and Authorities, and Declaration of George E. Schulman in support thereof, filed by Receiver David A Gill. (jp)
November 10, 2014 Opinion or Order Filing 511 MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real. The Court has determined that Receiver David Gills Report and Account; Recommendation for Proposed Final Distribution to Investor Creditors; And Seventh and Final Request for Approval of Professional Fees and Expenses #503 set for hearing on November 17, 2014 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of November 17, 2014 is VACATED and TAKEN OFF CALENDAR. (cch)
November 10, 2014 Filing 509 NOTICE of Manual Filing filed by Receiver David A Gill of Supplemental Proof of Service List to: Notice of Receivers Report and Account; Recommendation for Proposed Final Distribution to Investor Creditors; and Seventh and Final Request for Approval of Professional Fees and Expenses. (Schulman, George)
October 16, 2014 Filing 508 NOTICE of Receiver's Report and Account filed by Receiver David A Gill. (Gill, David)
October 16, 2014 Filing 507 REQUEST FOR JUDICIAL NOTICE In Support Of Receivers Report And Account; Recommendation For Proposed Final Distribution To Investor Creditors filed by Receiver David A Gill. (Gill, David)
October 16, 2014 Filing 506 INTERIM REPORT of Declarations Of Todd Neilson and David Callaghan In Support Of Receivers Report And Account filed by Receiver David A Gill. (Gill, David)
October 16, 2014 Filing 505 Interim REPORT of Declaration Of George E. Schulman In Support Of Receivers Report And Account filed by Receiver David A Gill. (Attachments: #1 Supplement, #2 Exhibit part 1, #3 Exhibit part 2, #4 Exhibit part 3, #5 Exhibit part 4, #6 Exhibit part 5)(Gill, David)
October 16, 2014 Filing 504 Receiver's Report REPORT of Declaration Of David A. Gill filed by Receiver David A Gill. (Attachments: #1 Exhibit part 1, #2 Exhibit part 2, #3 Exhibit part 3, #4 Exhibit part 4, #5 Exhibit part 5, #6 Exhibit part 6, #7 Exhibit part 7, #8 Exhibit part 8, #9 Proposed Order, #10 Affidavit proof of service)(Gill, David)
October 16, 2014 Filing 503 INTERIM REPORT of Receiver's Seventh Request for Fees filed by Receiver David A Gill. (Attachments: #1 Exhibit Ex 1A, #2 Exhibit Exhibit 1B, part 1, #3 Exhibit Exhibit 1B, part 2, #4 Exhibit Exhibit 1B, part 3, #5 Exhibit Exhibit 1B, part 4, #6 Exhibit Exhibit 1B, part 5, #7 Exhibit Exhibit 1B, part 6, #8 Exhibit Exhibit 1B, part 7, #9 Exhibit Exhibit 1B, part 8, #10 Exhibit Exhibit 1B, part 9, #11 Exhibit Exhibit 1B, part 10, #12 Exhibit Exhibit 1B, part 11, #13 Exhibit Exhibit 1B, part 12)(Gill, David)
October 10, 2014 Filing 502 NOTICE of Change of address by Marshall S Sprung attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071; Fax No. (213) 443-1904. Filed by Plaintiff Securities and Exchange Commission. (Sprung, Marshall)
October 10, 2014 Filing 501 NOTICE of Change of address by John W Berry attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071; Fax No. (213) 443-1904. Filed by Plaintiff Securities and Exchange Commission. (Berry, John)
October 10, 2014 Filing 500 NOTICE of Change of address by John B Bulgozdy attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071; Fax No. (213) 443-1904. Filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
September 2, 2014 Filing 499 INTERIM REPORT of Receiver's 15th Report filed by Receiver David A Gill. (Gill, David)
August 8, 2014 Opinion or Order Filing 498 ORDER APPROVING RECEIVERS EX PARTE APPLICATION TO APPROVE SETTLEMENT RE CLUB ACQUISITION by Judge Manuel L. Real: The Application is GRANTED in its entirety.2. The Agreement, as defined in the Application, is approved. 3. The Receiver is authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to implement the terms of the Agreement, including without limitation the execution of Exhibit 3 to theAgreement, as defined in the Application.4. The form and manner of notice of the Application provided by theReceiver is appropriate. #492 (pj)
July 23, 2014 Opinion or Order Filing 497 ORDER GRANTING IN PART AND DENYING IN PART RECEIVERS EX PARTE MOTION (DKT. NO. 491) by Judge Manuel L. Real: IT IS HEREBY ORDERED that the Motion is GRANTED to the extent that it requests authority to donate and dispose of personal property, prepay records storage costs, and pay the claim of Expert Building Maintenance, LLC; and the motion is DENIED with respect to the request to shred records after a time certain and prepay shredding costs. (pj)
July 17, 2014 Filing 493 Notice of Electronic Filing re EX PARTE APPLICATION for Order for Approval of Settlement Receiver's Ex Parte Application to Approve Settlement Agreement Re Club Acquisition; Memorandum of Points and Authorities; and Declarations of David A. Gill and George E. Schulman #492 e-mailed to Attorney Stella Fey Epling at fey.epling@dbr.com bounced due to invalid email. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to sfe@northbeachlaw-sf.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
July 17, 2014 Filing 492 EX PARTE APPLICATION for Order for Approval of Settlement Receiver's Ex Parte Application to Approve Settlement Agreement Re Club Acquisition; Memorandum of Points and Authorities; and Declarations of David A. Gill and George E. Schulman, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
July 14, 2014 Filing 495 OBJECTION TO RECEIVER'S EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENT RE CLUB ACQUISITION; AND DECLARATION OF MICHAEL BENNETT #492 filed by Objector Michael Bennett. (lom)
July 11, 2014 Filing 496 CERTIFICATION AND NOTICE OF Interested Parties filed by Plaintiff Robert Aucelluzzo, (pj)
July 11, 2014 Filing 494 OPPOSITION of the Anderson Aucelluzzo, Horne and Poepping Plaintiffs in the DLG related cases to the Receiver's re: EX PARTE APPLICATION to shred records after a time certain #491 filed by Interested Party Robert Aucelluzzo. (pj)
July 10, 2014 Filing 491 EX PARTE APPLICATION for Order Receiver's Ex Parte Application to: (1.) Donate and Dispose of Personal Property; (2.) Prepay Records Storage Costs; (3.) Shred Records After A Time Certain and Prepay Shredding Costs; and (4.) Pay Claim of Expert Building Maintenance, LLC; Memorandum of Points and Authorities; and Declarations of David A. Gill, and Michael G. DAlba filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
March 14, 2014 Filing 490 INTERIM REPORT of 14th Report (July 1, 2014 through January 31, 2014) filed by Receiver David A Gill. (Gill, David)
February 20, 2014 Opinion or Order Filing 489 ORDER CONFIRMING SALE AT AUCTION TO GREGORY T. ROYSTON OF "DIVERSIFIED ASSETS" by Judge Manuel L. Real. IT IS HEREBY ORDERED that: The sale of Gregory T. Royston of the Diversified Assets, as that term is defined in the Application, ia approved. The Receiver is authorized to execute all documents and otherwise take all actions he deems necessary and appropriate to effectuate the sale of the Diversified Assets, as that term is defined in the Application, to Gregory T. Royston. (bp)
February 18, 2014 Filing 488 RECEIVER'S REPORT of RESULTS OF AUCTION OF "DIVERSIFIED ASSETS" filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
February 11, 2014 Filing 487 NOTICE of Entry of Order filed by Receiver David A Gill. (Schulman, George)
February 11, 2014 Opinion or Order Filing 485 ORDER GRANTING IN PART AND DENYING IN PART RECEIVER'S EX PARTE APPLICATION by Judge Manuel L. Real: The Receiver will sell various Diversified assets to Gregory Royston ("Royston") for $20,000. These assets include Diversified's interest in several companies and promissory notes, among other things ("Diversified Assets"). The Receiver will sell various assets relating to Voyager Entertainment International Inc. and Western Architectual Services, LLC ("Voyager Assets") to Jeffrey N. Walker ("Walker") for $50,000. The Receiver proposes to pay $2,900 to professional for debt collection services. These amounts are reasonable and are approved. IT IS HEREBY ORDERED that the Motion is granted in party and denied in part as stated herein. #479 (bp)
February 10, 2014 Filing 486 CORRECTED OBJECTION TO RECEIVER'S re: EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertainment Asset To Jeffrey N. Walker, And (4) Approve Sal #479 filed by Objector Jeffrey N Walker. (pj)
February 6, 2014 Filing 484 REPLY Opposition EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertainment Asset To Jeffrey N. Walker, And (4) Approve Sal #479 Receivers Reply To Jeffrey N. Walkers Objection To Receivers Ex Parte Application To: Approve Sales Of Assets To Highest Respective Bidders, Or Back-Up Bidders, At Auction And Auction Procedures; Declaration Of Michael G. DAlba In Support Thereof filed by Receiver David A Gill. (Schulman, George)
February 6, 2014 Filing 483 REPLY Opposition Cross EX PARTE APPLICATION for Special Hearing re EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertai #480 Receivers Reply To The Opposition Of Elizabeth Versten To Plaintiffs Ex Parte Application To Approve Sale Of Assets; Declaration Of George E. Schulman In Support Thereof filed by Receiver David A Gill. (Schulman, George)
February 6, 2014 Filing 482 OBJECTION TO RECEIVER'S re: EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertainment Asset To Jeffrey N. Walker, And (4) Approve Sal #479 filed by Objector Jeffrey N Walker. (pj)
February 6, 2014 Filing 481 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Cross EX PARTE APPLICATION for Special Hearing re EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertai #480 . The following error(s) was found: Incorrect event selected. Wrong event created erroneous motion (Ex Parte Application) before the judge which has been termed by the clerk. Please select the appropriate event under RESPONSES, REPLIES AND OTHER MOTION RELATED DOCUMENTS. 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. (pj)
February 5, 2014 Filing 480 Cross EX PARTE APPLICATION for Special Hearing re EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertainment Asset To Jeffrey N. Walker, And (4) Approve Sal #479 opposition filed by objector Elizabeth Versten. (Attachments: #1 Exhibit to declaration of Joseph C. Markowitz)(Attorney Joseph C Markowitz added to party Elizabeth Versten(pty:obj))(Markowitz, Joseph)
February 4, 2014 Filing 479 EX PARTE APPLICATION for Order for (1) Approve Sale Of Various Assets To Gregory T. Royston, (2) Approve Compensation For Grindstone Collection Strategies, Inc., (3) Approve Sale Of Voyager Entertainment Asset To Jeffrey N. Walker, And (4) Approve Sales Of Assets To Highest Respective Bidders, Or Back-Up Bidders, At Auction And Auction Procedures filed by Receiver David A Gill. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2A, #3 Exhibit Exhibit 2B, #4 Proposed Order Proposed Order, #5 Affidavit Proof of Service)(Schulman, George)
January 17, 2014 Filing 478 Notice of Appearance or Withdrawal of Counsel: for attorney John W Berry counsel for Plaintiff Securities and Exchange Commission. Gregory Charles Glynn is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Attorney John W Berry added to party Securities and Exchange Commission(pty:pla))(Berry, John)
January 13, 2014 Opinion or Order Filing 477 NOTICE OF DISCREPANCY AND ORDER:re Request for special notice and inclusion in Master Mailing by Debtors Sam Bell Sam Bell Fitness LLC received on 1/14/2014 is NOT to be filed but instead REJECTED and ORDERED returned to counsel by Judge Manuel L. Real, no copy provided for judge, not a party to the case (pj)
January 6, 2014 Filing 476 NOTICE of Claimants Change of address to 12000 N. 90 St. Unit 2054Scottsdale AZ 85260 Filed by Claimant Oliver Goold. (lc)
December 5, 2013 Filing 475 NOTICE of Entry of Order filed by Receiver David A Gill. Relates to Document No. 474 (D'Alba, Michael)
December 3, 2013 Opinion or Order Filing 474 ORDER APPROVING RECEIVERS EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENT BETWEEN RECEIVER AND OREN COHEN, SHOSHANA ZALK COHEN, PLAZA HOME MORTGAGE, INC., AND CHICAGO TITLE INSURANCE COMPANY by Judge Manuel L. Real: The Application is GRANTED in its entirety.2. The Agreement, as defined in the Application, is approved.3. The Receiver is authorized to execute all documents and otherwise takeall actions the Receiver deems necessary and appropriate to effectuate the sale as set forth in the Application. 4. The form and manner of notice of the Application provided by theReceiver is appropriate. #473 (pj)
November 27, 2013 Filing 473 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Between Receiver And Oren Cohen, Shoshana Zalk Cohen, Plaza Home Mortgage, Inc., And Chicago Title Insurance Company Memorandum Of Points And Authorities; And Declarations Of David A. Gill And Michael G. D'Alba filed by Receiver David A Gill. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Settlement Agreement, #3 Affidavit Proof of Service)(Schulman, George)
October 28, 2013 Filing 472 PROOF OF SERVICE filed by Plaintiff Securities and Exchange Commission, re Notice of Appearance or Withdrawal of Counsel (G-123), #471 served on 10/28/2013. (McCoy, John)
October 28, 2013 Filing 471 Notice of Appearance or Withdrawal of Counsel: for attorney John M McCoy, III counsel for Plaintiff Securities and Exchange Commission. John M. McCoy, III is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (McCoy, John)
September 3, 2013 Filing 470 Notice of Withdrawal of Ex Parte Application for Order re Discovery Matter,,, #469 filed by Receiver David A Gill. (D'Alba, Michael)
August 30, 2013 Filing 469 EX PARTE APPLICATION for Order for Reopening Discovery and Allowing Examination of Witnesses Receiver's Ex Parte Application For: (1) Reopening Discovery To Depose Oren Cohen, Shoshana Zalk Cohen, And Michael Henderson, And Obtain Documents From Keller Williams And Michael Henderson; Or 2) Allowing Examination Of Witnesses At Hearing Of Third Party Claims Pursuant To California Code Of Civil Procedure 720.310, et seq.; Memorandum Of Points And Authorities, And Declarations Of George E. Schulman And Michael G. DAlba; Request For Judicial Notice In Support Thereof, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Appendix 2 of 4, #2 Appendix 3 of 4, #3 Appendix 4 of 4, #4 Proposed Order)(Schulman, George)
July 29, 2013 Filing 468 Interim REPORT of Receiver filed by Receiver David A Gill. (Gill, David)
May 31, 2013 Filing 467 Mail Returned addressed to Tina Placourakis re Order on Ex Parte Application for Order, #460 (pj)
May 24, 2013 Filing 466 NOTICE of Entry of Order filed by Receiver David A Gill. Notice of Entry of Order Granting Receiver's Ex Parte Application to Amend Order Re: 1) Resolution of Disputed Claims and Allowance of Certain Claims, and 2) Approval of Reduction of Certain Claims By The Amounts of Settlements Received From Jackson National Life [Docket No. 439] Re: Treatment of Claim No. 1181 of Gary Wayton and Monica Staggs, with proof of service (D'Alba, Michael)
May 22, 2013 Opinion or Order Filing 465 ORDER by Judge Manuel L. Real: The Application is GRANTED in its entirety.2. The Allowed Claim Amount for Claim No. 1181 of Gary Wayton andMonica Staggs at Page 3, Line 22, of the Order Granting Receivers Motion forOrder Re: 1) Resolution of Disputed Claims and Allowance of Certain Claims, and2) Approval of Reduction of Certain Claims by the Amounts of SettlementsReceived from Jackson National Life [docket no. 439], originally in the amount of $33,623.22, is hereby amended to $168,203.00. 3. The form and manner of notice of the Application provided by theReceiver is appropriate. #463 (pj)
May 20, 2013 Filing 464 NOTICE OF LODGING filed Order Amending Order Re: 1) Resolution Of Disputed Claims And Allowance Of Certain Claims, And 2) Approval Of Reduction Of Certain Claims By The Amounts Of Settlements Received From Jackson National Life Insurance Company [Docket No. 439] Re: Treatment Of Claim No. 1181 Of Gary Wayton And Monica Staggs, with Proof of Service re EX PARTE APPLICATION for Order Receiver's Ex Parte Application to Amend Order Re: 1) Resolution of Disputed Claims and Allowance of Certain Claims, and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jac #463 (Attachments: #1 Proposed Order)(Gill, David)
May 17, 2013 Filing 463 EX PARTE APPLICATION for Order Receiver's Ex Parte Application to Amend Order Re: 1) Resolution of Disputed Claims and Allowance of Certain Claims, and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life [Docket No. 439] Re: Treatment of Claim No. 1181 of Gary Wayton and Monica Staggs; Memorandum of Points and Authorities, Declarations of David A. Gill and Valerie G. Radocay and Request for Judicial Notice in Support Thereof, with proof of service filed by Receiver David A Gill. (Attachments: #1 Appendix 2of2)(Gill, David)
May 16, 2013 Filing 462 STATUS REPORT Receivers Report Re Status Of Schedule For Closing Case filed by Receiver David A Gill. (Gill, David)
April 30, 2013 Filing 461 NOTICE of Entry of Order filed by Receiver David A Gill. Notice of Entry of Order Granting Receiver's Ex Parte Application for Order Authorizing 1) The Employment by the Receiver of Grindstone Collection Strategies, Inc., as Collection Agent, and 2) The Payment of Grindstone Collection Strategies, Inc., Pursuant to Collection Agency Agreement, with Proof of Service (D'Alba, Michael)
April 29, 2013 Opinion or Order Filing 460 ORDER GRANTINGRECEIVERS EX PARTEAPPLICATION FOR ORDER AUTHORIZING 1) THE EMPLOYMENT BY THE RECEIVER OF GRINDSTONE COLLECTION STRATEGIES, INC., AS COLLECTION AGENT, AND 2) THE PAYMENT OF GRINDSTONE COLLECTION STRATEGIES, INC., PURSUANT TO COLLECTION AGENCY AGREEMENT x by Judge Manuel L. Real: #448 Ex Parte Application for Order (pj)
April 4, 2013 Filing 458 Supplemental EX PARTE APPLICATION to Supplement Ex Parte Application for Order re EX PARTE APPLICATION for Order for Employment Collection AgentReceiver's Ex Parte Application for Order Authorizing 1) The Employment by the Receiver of Grindstone Collection Strategies, Inc., as Collection Agent, and 2) the Payment of Grindst #448 Receivers Supplemental Brief In Support Of Ex Parte Application For Order filed by Receiver David A Gill.(Schulman, George)
March 29, 2013 Opinion or Order Filing 459 ORDER by Judge Manuel L. Real Granting It is ORDERED that the Request for Approval of Substitution of attorney has been granted and that Leland P Smith shall no represent Douglas Emmett 1997 LLC in this matter (pj)
March 29, 2013 Filing 457 NOTICE OF ENTRY filed by Receiver David A Gill. Notice of Entry of Judgment against Mark H. Friedman and Friedman & MacFayden, P.A. with Proof of Service (D'Alba, Michael)
March 29, 2013 Filing 456 NOTICE OF ENTRY filed by Receiver David A Gill. Notice of Entry of Order Granting Receiver's Ex Parte Application to Enforce Settlement Agreement Between Receiver and Mark H. Friedman and Friedman & MacFayden, P.A. with Proof of Service (D'Alba, Michael)
March 27, 2013 Filing 455 JUDGMENT AGAINST MARK H. FRIEDMAN AND FRIEDMAN & MACFAYDEN, P.A. by Judge Manuel L. Real, Related to: Order on Ex Parte Application for Settlement, #454 The unpaid balance owed under the Settlement, as defined in the Application, in the amount of $6,064,704.71, accelerated as of July 2, 2012. Daily interest in the amount of $1,662 per day, from July 2, 2012, calculated atthe default contractual interest rate of 10%. The pre-judgment interest fromJuly 2, 2012, through February 22, 2013, is $390,570, and additional interestoccurs at $1,662.00 per day thereafter. As of the date of entry of this judgmentthe pre-judgment interest is $445,416. Attorneys fees, calculated pursuant to L.R. 55-3, of $133,802.41. Costs, in the amount of $____________________. Post-judgment interest at 10% pursuant to the settlement, as described in theApplication. It is, therefore, ORDERED, ADJUDGED AND DECREED, that the Receiveris entitled to a judgment in the amount of $6,643,923.12 plus costs against MarkFriedman and Friedman & MacFayden, P.A., jointly and severally, plus interest from and after the date of entry of this judgment, calculated at the default rate of interest of 10% per annum. (pj)
March 27, 2013 Opinion or Order Filing 454 ORDER GRANTING RECEIVERS EX PARTE APPLICATION TO ENFORCE SETTLEMENT AGREEMENT BETWEEN RECEIVER AND MARK H. FRIEDMAN AND FRIEDMAN & MACFAYDEN, P.A. by Judge Manuel L. Real: IS HEREBY ORDERED that:1. The Application is GRANTED in its entirety.2. The Court will enter the judgment attached to the Application as Exhibit #446 (pj)
March 15, 2013 Filing 452 INTERIM REPORT of Receiver's 12th Report filed by Receiver David A Gill. (Gill, David)
March 14, 2013 Opinion or Order Filing 453 MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real: The Court has reviewed the Receivers Ex Parte Application for Order Authorizing 1) The Employment by the Receiver of Grindstone Collection Strategies, Inc., as a Collection Agent, and 2) The Payment of Grindstone Collection Strategies, Inc., Pursuant to Collection Agency Agreement. The Court cannot rule on this Application without further briefing on the matter. Therefore, the Receiver shall file Supplemental Briefing by April 15, 2013, which compares the fee arrangement proposed as payment to Grindstone Collection Strategies, Inc. with proposed fee estimates from at least two additional, comparable collection agencies. #448 (pj)
March 6, 2013 Filing 451 NOTICE of Entry of Order filed by Receiver David A Gill. Notice of Entry of Order Granting Receiver's Ex Parte Application for Approval of Stiulation Between Receiver and Gary Friedman Re Decedent Bruce Friedman's Effects, with Proof of Service (D'Alba, Michael)
March 4, 2013 Opinion or Order Filing 450 ORDER GRANTING RECEIVERS EX PARTE APPLICATION FOR APPROVAL OF STIPULATION BETWEEN RECEIVER AND GARY FRIEDMAN RE DECEDENT BRUCE FRIEDMANS EFFECTS by Judge Manuel L. Real: #449 (pj)
February 28, 2013 Filing 449 EX PARTE APPLICATION for Order Receiver's Ex Parte Application for Approval of Stipulation Between Receiver and Gary Friedman Re Decedent Bruce Friedman's Effects; Memorandum of Points nd Authorities, and Declaration of George E. Schulman in Support Thereof, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
February 22, 2013 Filing 448 EX PARTE APPLICATION for Order for Employment Collection AgentReceiver's Ex Parte Application for Order Authorizing 1) The Employment by the Receiver of Grindstone Collection Strategies, Inc., as Collection Agent, and 2) the Payment of Grindstone Collection Strategies, Inc., Pursuant to Collection Agency Agreement; Memorandum of Points and Authorities, and Declarations of David A. Gill and Michael G. DAlba in Support Thereof, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
February 22, 2013 Filing 447 Proof OF SERVICE filed by Receiver David A Gill, re EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Enter Judgment Pursuant To Settlement Agreement Between Receiver And Mark H. Friedman And Friedman & Macfayden, P.A.; Memorandum Of Points And Authorities, Declar #446 Supplemental Proof of Service of Receiver's Ex Parte Application to Enter Judgment Pursuant to Settlement Agreement Between Receiver and Mark H. Friedman and Friedman & Macfayden, P.A. served on 2/22/2013. (D'Alba, Michael)
February 21, 2013 Filing 446 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Enter Judgment Pursuant To Settlement Agreement Between Receiver And Mark H. Friedman And Friedman & Macfayden, P.A.; Memorandum Of Points And Authorities, Declaration Of George E. Schulman, And Request For Judicial Notice In Support Thereof, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Appendix Pt. 2of2)(Schulman, George)
January 9, 2013 Opinion or Order Filing 445 ORDER APPROVING STIPULATION BETWEEN RECEIVER AND RONALD E. ISLES AND JOY ISLES RE CLAIM NO. 890 #444 by Judge Manuel L. Real. IT IS HEREBY ORDERED THAT: 1. The Stipulation is APPROVED. 2. Claim no. 890 shall be allowed in the amount of $175,000. 3. Upon approval of this stipulation, and receipt of a completed Form W-9, the Receiver shall promptly make a 9% distribution to the Isles. 4. The Isles shall be entitled to the proportional payment from any future distributions on account of the Isles Claim. 5. The Isles shall complete and return to the Receiver a form W-9 in connection with the Isles Claim. (lom)
January 7, 2013 Filing 444 STIPULATION for Settlement Stipulation Between Receiver And Ronald E. Isles And Joy Isles Re Claim No. 890 filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
December 13, 2012 Opinion or Order Filing 443 MINUTE ORDER (IN CHAMBERS) by Judge Manuel L. Real. The Court treats the Isles Claimants' Additional Brief filed on December 10, 2012 as a "Motion for Relief from the Receiver's Proposed Resolution of Claim No. 890" #442 . The Receiver shall file and serve any Opposition to the Motion by January 7, 2013, and the Isles Claimants shall file and serve any Reply to the Opposition by January 22, 2013. The matter will then be taken Under Submission by the Court on the papers. (lom)
December 10, 2012 Filing 442 COURT ORDERED ADDITIONAL BRIEF REGARDING DEFERRED RULING ON CLAIM NO. 890 OF RONALD E ISLES AND JOY ISLES filed by Claimants Joy Isles, Ronald E Isles. (pj) Modified on 12/11/2012 (pj). Modified on 12/14/2012 (lom). Modified on 12/14/2012 (lom). (See Order 12/13/12, Motion for Relief from the Receiver's Prop Resolution of Claim No. 890)
December 6, 2012 Filing 441 NOTICE filed by Receiver David A Gill. Notice Of Entry Of Order Granting Receivers Motion For Order Re: 1) Resolution Of Disputed Claims And Allowance Of Certain Claims, 2) Approval Of Reduction Of Certain Claims By The Amounts Of Settlements Received From Jackson National Life Insurance Company; And Deferred Ruling On Claim No. 890 Of Ronald E. Isles And Joy Isles (D'Alba, Michael)
December 5, 2012 Opinion or Order Filing 440 ORDER GRANTING RECEIVERS SIXTH REQUEST FOR APPROVAL OF PROFESSIONAL FEES AND EXPENSES by Judge Manuel L. Real, The Receivers application is approved for the reasons set forth on the record at the hearing. 2. The Receivers Request to pay the fees and expenses of himself and hisprofessionals on an interim basis for the period of February 1, 2012 throughSeptember 30, 2012, is granted on an interim basis. 3. The fees and expenses are allowed in the amounts set forth below, and the Receiver is authorized to pay those amounts at this time on an interim basis. (see attached for further details) (pj)
December 3, 2012 Opinion or Order Filing 439 ORDER by Judge Manuel L. Real, granting Receiver's Motion re 1) Resolution of Disputed Claims and Allowance of Certain Claims, and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received From Jackson National Life Insurance Company #396 . IT IS HEREBY ORDERED THAT: 1. The Receiver's Claims Motion is granted with respect to the following Claimants: James K. Buth $103,445.81; Cathy Marie Fielstra $46,993.00; Anne B. Hulbert $142,000.00; Ilene D. Raymond $101,932.88; Robert E. Wisebaker $52,535.25; Robert G. and Janice S. Brotherton $90,073.24; Robert G. Brotherton $60,741.00; Robert G Brotherton and Robert S. Brotherton $98,458.00; Brenda Coble $133,723.12; David M. Engert $156,820.52; Leland Scott Frazier $1,721,030.96; Gilbert J. Gonzales and Mary P. Gonzales $50,000.00; Julee Harman $57,285.00; Edward Kotal and Edith M. Kotal, Trustees of The Kotal Trust Dated Aug. 19, 1998 $169,912.05; Michael Kotal and Laura Kotal $600,260.32; Charyln McDonnell, c/o Timothy McDonnell, Beneficiary $269,998.63; Cicely Meng $186,515.83; Tigris Insurance Company $3,941,649.70; Edward Tsai $97,765.00; Jimmy D. and Janet A. Wallick $122,418.97; Frank and Laverna Whipple $196,554.05; Robert M. Williams and Josephine Williams $86,315.46; Gary Wayton and Monica Staggs $33,623.22; Javier Lievanos $27,193.47; Candie Ortiz and Gabino Ortiz $25,376.62; Larry Bagby $51,718.22; Frances Morales $21,037.68; Ralph A. Khan $202,762.00; Tara Khan $58,923.00; Tadashi Araki and Sachiko Araki $151,043.98; Tanya K. Baldwin $57,340.15; Edwin Bergholdt $14,986.00; Brandt-Wilson, Julanne, Trustee of Julanne Brandt aka Julanne Wilson Living Trust $58,824.32; Estate of Gloria Coppola $29,453.66; Creasy Family Revocable Living Trust (Marian C. Vosburgh and Pauline Beach) $59,873.97; Rita Ferris, Individually and as Trustee of the Rita Ferris Revocable Living Trust Assigned to Kovack Securities, Inc. $49,231.76; Bill Frankhouser $53,917.04; Zelma Frankhouser $8,870.82; Gerald A. Hoffarth and Deanna Hoffarth $300,622.56; H. Sue Lynn, Trustee of the H. Sue Lynn Revocable Living Trust dated December 28, 1995 $60,824.51; Ronald C. Meddings $29,321.00; Diane R. Ophelia $41,017.42; Carl Pytlinski $98,795.99; Jerome H. Tepperman PHD Inc, Jerome H. Tepperman, Trustee $39,848.46; Estate of David S. Weil and Grace K. Weil $43,719.48; William C. White & Judith White $24,398.82; Alan S. Wiener $121,543.97; Nancy R. Wiener $60,295.03; Alice Yoshimura $43,199.40. The ruling on Claim No. 890 of Ronald E. Isles and Joy Isles (the "Isles") is deferred, and the Court has ordered the Isles to provide additional briefing by December 11, 2012. The Receiver is ordered to give the Isles notice by November 27, 2012. (lom)
December 3, 2012 Filing 438 MINUTES OF Receiver's sixth request for approval of professional fees and expenses, thru 9-30-12 (11-2-12) #422 Request for Attorney Fees; Motion Hearing held before Judge Manuel L. Real: The Court GRANTS Receivers Request, in such amounts, and forreasons, as stated on the record. The Receiver shall submit a proposed order.Court Reporter: Sheri Kleeger. (pj)
November 28, 2012 Filing 434 NOTICE of Change of Attorney Information for attorney Melissa Grant counsel for Plaintiff Securities and Exchange Commission. Melissa Grant will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Melissa Grant is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by PLAINTIFF SECURITIES AND EXCHANGE COMMISSION (Grant, Melissa)
November 27, 2012 Filing 437 MINUTES OF Receiver's motion re 1) Resolution of Disputed Claims and Allowance of Certain Claims; 2) Approval of Reduction of Certain Claims by the Amounts of Settlements received from Jackson Nat'l Life Insurance Co (fld 9-14-12) #396 Motion for Order; Motion Hearing held before Judge Manuel L. Real: There are no objectors present, and the Receiver submits onhis papers as filed. The Court GRANTS Receivers motion, for reasons and as stated on the record. Receiver shall submit a proposed order. Court Reporter: Sheri Kleeger. (pj)
November 27, 2012 Filing 432 NOTICE Supplemental Briefing Schedule On Motion By Receiver Re 1) Resolution Of Disputed Claims And Allowance Of Certain Claims, 2) Approval Of Reduction Of Certain Claims By The Amounts Of Settlements Received From Jackson National Insurance Company, With Respect To Claim Of Ronald E. Isles And Joy Isles, No. 890, Only filed by Receiver David A Gill. (Schulman, George)
November 26, 2012 Opinion or Order Filing 433 ORDER GRANTING RECEIVERS EX PARTE APPLICATION TO APPROVE SECOND SETTLEMENT AGREEMENT WITH ROBERT KNIGHT, AND KNIGHT BILHAM PHOTOGRAPHY, LLC by Judge Manuel L. Real: #429 Within five days of the date of entry of this Order, the Knight Partiesshall pay the Receiver the total amount of $150,000 pursuant to the terms of theAgreement. (pj)
November 20, 2012 Filing 429 EX PARTE APPLICATION for Settlement Approval of Payment Receiver's Ex Parte Application to Approve Second Settlement Agreement with Robert Knight, and Knight Bilham Photography, LLC; Memorandum of Points and Authorities; and Declarations of David A. Gill and Michael G. DAlba, with Proof of Service filed by Receiver David A Gill.(Phelps, Kathy)
November 16, 2012 Filing 436 SEALED DOCUMENT- EXHIBITS 2, 4, 6, 7, and 10 to Reply to Written Oppositions to Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Certain Claims, 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Insurance Company. (mat)
November 16, 2012 Filing 435 SEALED DOCUMENT- SUPPLEMENTAL PROOF OF SERVICE of Reply to Written Oppositions to Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Certain Claims, 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company Received from Elizabeth C. Barbu; Robert Burtch; Oliver Goold, and the Good Family Trust Dated November 16, 2007; Julee Harman; John T. Laws; Barbara A. Shertzer; Jerome Smith; Elliot Tokat; Marian Van Beek. (mat)
November 16, 2012 Opinion or Order Filing 431 ORDER by Judge Manuel L. Real: granting #430 Ex Parte Application to Seal. The Receiver is authorized to file the reply exhibits and the supplemental proof of service as those terms defined in the application UNDER SEAL (pj)
November 15, 2012 Filing 430 EXPARTE APPLICATION for authority to file UNDER SEAL pursuant to L.R. 79.5.1 certain exhibits to a and supplemental proof of service of reply to written oppositions to motion by Receiver re filed by Receiver David A Gill. Lodged Proposed Order.(pj)
November 15, 2012 Filing 428 NOTICE of Manual Filing filed by Receiver David A Gill of 1) Receiver's Ex Parte Application for Authority to File Under Seal Pursuant to L.R. 79-5.1; 2) Proposed Order; 3) Certain Exhibits to Reply to Written Oppositions to Motion by Receiver; and 4) Supplemental Proof of Service of Reply to Written Oppositions to Motion by Receiver. (D'Alba, Michael)
November 13, 2012 Filing 427 REPLY Support MOTION for Order for Approving resolution of certain disputed claims and allowance of certain claims , approval of reduction of certain claims #396 Reply to Written Oppositions to Motion By Receiver Re 1) Resolution of Disputed Claims and Allowance of Certain Claims, 2) Approval of Reduction of Certain Claims By The Amounts of Settlements Received from Jackson National Insurance Company, Received From Elizabeth C. Barbu; Robert Burtch; Oliver Goold, and The Goold Family Trust Dated November 16, 2007; Julee Harman; John T. Laws; Barbara A. Shertzer; Jerome Smith; Elliot Tokat; Marian Van Beek, with Proof of Service filed by Receiver David A Gill. (Gill, David)
November 13, 2012 Filing 426 STATEMENT Regarding Receiver's Sixth Request for Approval of Professional Fees and Expenses filed by Plaintiff Securities and Exchange Commission re: Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012)Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012) #422 . (Bulgozdy, John)
November 2, 2012 Filing 425 DECLARATION of Kathy Bazoian Phelps in Support of Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012)Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012) #422 filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Phelps, Kathy)
November 2, 2012 Filing 424 DECLARATION of R. Todd Neilson and David W. Callaghan In Support of Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012)Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012) #422 filed by Receiver David A Gill. (Gill, David)
November 2, 2012 Filing 423 DECLARATION of David A. Gill In Support Of Receivers Sixth Request For Approval Of Professional Fees And Expenses Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012)Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012) #422 filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order, #10 Affidavit proof of service)(Gill, David)
November 2, 2012 Filing 422 Sixth REQUEST for Attorney Fees Receivers Sixth Request For Approval Of Professional Fees And Expenses (Through September 30, 2012) filed by Receiver David A Gill. Request set for hearing on 12/3/2012 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
October 29, 2012 Filing 421 PETITION OF OLIVER GOOLD FOR ALLOWANCE OF CLAIM filed by Claimant Oliver Goold. (pj)
October 25, 2012 Opinion or Order Filing 420 ORDER GRANTING RECEIVERS EX PARTE APPLICATION TO AUTHORIZESECOND INTERIM DISTRIBUTION OF 6% TO INVESTOR CLAIMANTS, OR RESERVE FUNDS, AS APPROPRIATE by Judge Manuel L. Real: 1. The Application is GRANTED in its entirety.2. The Receiver is authorized to distribute or reserve as provided in priororders 6% of claims in the approximate amount of $10.6 million to investorclaimants on account of their claims.3. The form and manner of notice of the Application provided by theReceiver is appropriate #412 . (pj)
October 24, 2012 Opinion or Order Filing 419 NOTICE OF DISCREPANCY AND ORDER: by Judge Manuel L. Real, ORDERING Letter to the court submitted received on 10/23/2012 is not to be filed but instead rejected. Denial based on: No Letters to the judge. (pj)
October 15, 2012 Filing 418 SEALED DOCUMENT- SUPPLEMENTAL PROOF OF SERVICE to Notice of Continued Hearing on Receiver's Motion Re 1) Resolution of Disputed Claims and Allowance of Certain Claims, 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company. (mat)
October 15, 2012 Filing 417 SEALED DOCUMENT- SUPPLEMENTAL PROOF OF SERVICE RE ADDITIONAL SERVICE by E-Mail or Telephonic Notification of Notice of Continued Hearing on Receiver's Motion Re 1) Resolution of Disputed Claims and Allowance of Certain Claims, 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company. (mat)
October 15, 2012 Opinion or Order Filing 416 ORDER by Judge Manuel L. Real: The Application is GRANTED in its entirety. The Receiver is authorized to file the Supplemental Proof of Service of the Notice of Continued Hearing on Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Certain Claims, and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received From Jackson National Life Insurance Company, under seal pursuant to L.R. 79-5.1. #415 (pj)
October 15, 2012 Filing 415 EXPARTE APPLICATION for authority to file UNDER SEAL pursuant to 79-5.1 supplemental proof of service of the notice of continued hearing on motion by Receiver re 1) Resolution of Disputed claims and allowance of certain claims and 2) approval of reduction of certain claims by the amounts of settlements received from Jackson National Life Insurance Company filed by Receiver David A Gill.(pj)
October 15, 2012 Filing 414 NOTICE of Manual Filing filed by Receiver David A Gill of 1. Receivers Ex Parte Application For Authority To File Under Seal; 2. Proposed Order; 3. Supplemental Proof Of Service Re Additional Service By E-Mail Or Telephonic Notification; 4. Supplemental Proof Of Service To Notice Of Continued Hearing. (D'Alba, Michael)
October 15, 2012 Filing 413 Notice of Withdrawal of Notice of Manual Filing (G-92) #411 filed by Receiver David A Gill. (D'Alba, Michael)
October 15, 2012 Filing 412 EX PARTE APPLICATION for Disbursement of Funds Receivers Ex Parte Application to Authorize Second Interim Distribution of $10.6 Million to Investor Claimants, or Reserve Funds, as Appropriate; Memorandum of Points and Authorities, Declaration of David A. Gill, and Request for Judicial Notice in Support Thereof, with Proof of Service filed by Receiver David A Gill.(Gill, David)
October 12, 2012 Filing 411 NOTICE of Manual Filing filed by Receiver David A Gill of Supplemental Proof of Service. (D'Alba, Michael)
October 9, 2012 Filing 410 STATUS REPORT of Receiver re Proposed Schedule for Closing Case with Proof of Service filed by Receiver David A Gill. (Gill, David)
October 4, 2012 Filing 409 NOTICE OF CONTINUED HEARING ON RECEIVER'S MOTION RE 1) RESOLUTION OF DISPUTED CLAIMS AND ALLOWANCE OF CERTAIN CLAIMS, 2) APPROVAL OF REDUCTION OF CERTAIN CLAIMS BY THE AMOUNTS OF SETTLEMENTS RECEIVED FROM JACKSON NATIONAL LIFE INSURANCE COMPANY filed by Receiver David A Gill. with Proof of Service (Schulman, George)
October 3, 2012 Opinion or Order Filing 408 MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real:,COUNSEL ARE NOTIFIED that on the Court's own motion the: Receivers motion re 1) Resolution of disputed claims and allowance of certain claims; 2) Approval of reduction of certain claims by the amounts of settlements received from Jackson Natl Life Insurance Co. is hereby ORDERED CONTINUED FROM OCTOBER 15, 2012 AT 10:00 A.M. TO TUESDAY, NOVEMBER 27, 2012 AT 10:00 A.M. Counsel for the Receiver shall serve notice to all potential claimants of this Minute Order and the new date and time of the hearing on the motion. (pj)
September 21, 2012 Filing 404 SEALED DOCUMENT- Certain Exhibit Pages and Portion of Service List to Notice of Motion and Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Ce rtain Claims; and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company. (mat)
September 21, 2012 Filing 403 SEALED DOCUMENT- ORDER APPROVING RECEIVER'S SECOND EXPARTE APPLICATION for Authority to File Under Seal Pursuant to L.R. 79-5.1 (mat)
September 21, 2012 Filing 402 SEALED DOCUMENT- RECEIVER'S SECOND EXPARTE APPLICATION for Authority to File Under Seal Pursuant to L.R. 79-5.1 Certain Exhibits and Service List to Notice of Motion and Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Certain Claims; and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company; Memorandum of Points and Authorities, and Declaration of George E. Schulman in Support Thereof. (mat)
September 21, 2012 Filing 401 NOTICE of Change of Attorney Information for attorney Matthew D Peterson counsel for Claimants Heather A Bell, Sean Fitzgerald, Kraig S Ivie.Matthew D. Peterson is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Third Party Claimants Kraig S. Ivie, Sean P. Fitzgerald, Heather A. Bell (Peterson, Matthew)
September 21, 2012 Filing 400 NOTICE of Change of Attorney Information for attorney Matthew D Peterson counsel for Claimants Heather A Bell, Sean Fitzgerald, Kraig S Ivie.Matthew D. Peterson is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Third Party Claimants Kraig S. Ivie, Sean P. Fitzgerald, Heather A. Bell (Peterson, Matthew)
September 21, 2012 Filing 399 NOTICE of Manual Filing filed by Receiver David A Gill. of 1) Receiver's Second Ex Parte Application for Authority to File Under Seal; 2) Certain Exhbits and Service List re Resolution of Claims; and 3) Proposed Order (D'Alba, Michael)
September 18, 2012 Filing 407 SEALED DOCUMENT- CERTAIN EXHIBITS and Service List to Notice of Motion and Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Ce rtain Claims; and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company. (mat)
September 18, 2012 Filing 406 SEALED DOCUMENT- ORDER APPROVING RECEIVER'S EXPARTE APPLICATION for Authority to File Under Seal Pursuant to L.R. 79-5.1 (mat)
September 18, 2012 Filing 405 SEALED DOCUMENT- RECEIVER'S EXPARTE APPLICATION for Authority to File Under Seal Pursuant to L.R. 79-5.1 Certain Exhibits and Service List to Notice of Motion and Motion by Receiver Re 1) Resolution of Disputed Claims and Allowance of Certain Claims; and 2) Approval of Reduction of Certain Claims by the Amounts of Settlements Received from Jackson National Life Insurance Company; Memorandum of Points and Authorities, and Declaration of George E. Schulman in Support Thereof.(mat)
September 18, 2012 Filing 397 NOTICE of Manual Filing filed by Receiver David A Gill of Supplement to Receiver's Ex Parte Application for Authority to File Under Seal. (D'Alba, Michael)
September 14, 2012 Filing 398 Notice of Electronic Filing re Notice (Other), Notice (Other) #395 e-mailed to laurin@laurinlawfirm.com bounced due to 5.4.7 - Delivery expired (message too old) 'timeout'. Documents filed later send to the same email address did no bounce. Resent notification to laurin@laurinlawfirm.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY
September 14, 2012 Filing 396 NOTICE OF MOTION AND MOTION for Order for Approving resolution of certain disputed claims and allowance of certain claims , approval of reduction of certain claims filed by Receiver David A Gill. Motion set for hearing on 10/15/2012 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit Exhibits A-E, #2 Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit)(Gill, David)
September 14, 2012 Filing 395 NOTICE of Manual Filing filed by Receiver David A Gill. of Receiver's Ex Parte Application for Authority to File Under Seal Pursuant to L.R. 79-5.1 Certain Exhibits and Service List to Receiver's Motion re Treatment of Claims; Proposed Order re Same (D'Alba, Michael)
August 13, 2012 Filing 394 11TH REPORT of RECEIVER (January 1, 2012 Through June 30, 2012) with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proof of Service)(Gill, David)
August 1, 2012 Opinion or Order Filing 393 ORDER GRANTING RECEIVERS FIFTH REQUEST FOR APPROVAL OF PROFESSIONAL FEES AND EXPENSES by Judge Manuel L. Real, (pj)
July 23, 2012 Filing 392 MINUTES OF Receiver's motion for approval of professional fees and expenses for Sept. 1, 2010 thru January 31, 2012 (fld 3-19-12) #363 Hearing held before Judge Manuel L. Real: The Court GRANTS the motion, in such amounts, as stated on the record. Receiver shall submit a proposed order. Court Reporter: Sheri Kleeger. (pj)
July 5, 2012 Opinion or Order Filing 391 ORDER by Judge Manuel L. Real GRANTING Stipulation between receiver and California Attorney General re Distribution of Insurance Proceed Paid to Friedman Charitable Foundation and DLG Grantor Trust #390 . The form and manner of notice of the Stipulation provided by the Receiver is appropriate. (jp)
July 2, 2012 Filing 390 SETTLEMENT AGREEMENT : Stipulation Between Receiver and California Attorney General Re Distribution of Insurance Proceeds Paid to Friedman Charitable Foundation and DLG Grantor Trust with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order [Proposed] Order Granting Stipulation Between Receiver and California Attorney General re Distribution of Insurance Proceeds Paid to Friedman Charitable Foundation and DLG Grantor Trust)(Phelps, Kathy)
June 29, 2012 Opinion or Order Filing 389 MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real. COUNSEL ARE NOTIFIED that on the Court's own motion the: Receivers motion for approval of professional fees and expenses for September 1, 2012 thru January 31, 2012 #363 is hereby ORDERED CONTINUED FROM JULY 9, 2012 AT 10:00 A.M. TO MONDAY, JULY 23, 2012 AT 10:00 A.M. (kti)
June 22, 2012 Filing 388 NOTICE of Change of Attorney Information for attorney Richard E Drooyan counsel for Defendant Estate of Bruce Friedman. Richard E. Drooyan will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Richard E. Drooyan 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 Bruce Friedman (Drooyan, Richard)
June 20, 2012 Opinion or Order Filing 387 ORDER by Judge Manuel L. Real: granting #385 Ex Parte Application for Order the Estate of BruceFriedman is substituted as a party-defendant in this action. The claims of plaintiff Securities and Exchange Commission for a civil penalty against Bruce Friedman are hereby dismissed. (lc)
June 18, 2012 Filing 386 SUPPLEMENT to Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012)Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012) #363 with Proof of Service filed by Receiver David A Gill. (Gill, David)
June 18, 2012 Filing 385 EX PARTE APPLICATION for Order for to Substitute the Estate of Bruce Friedman as a Party Defendant, and to Dismiss Claims for a Civil Penalty against Bruce Friedman filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of John B. Bulgozdy, #3 Proposed Order)(Bulgozdy, John)
June 14, 2012 Opinion or Order Filing 384 ORDER APPROVING RECEIVERS EX PARTE APPLICATION TO APPROVE SALE AGREEMENT BETWEEN RECEIVER AND JEFFREY A. APPEL FOR RECEIVERS INTEREST IN CANCUN CONDOMINIUM by Judge Manuel L. Real: #379 (pj)
June 13, 2012 Filing 383 SEALED DOCUMENT- ORDER Approving Confidential Settlement Agreement, Authority to Pay Fees and Costs of Contingency Counsel. (mat) Modified on 6/18/2012 (mat).
June 13, 2012 Filing 382 SEALED DOCUMENT- RECEIVER'S EX PARTE APPLICATION 1) to Approve Confidential Settlement Agreement and 2) for Authority to Pay Fees and Costs of Contingency Counsel; Memorandum of Points and Authorities; and Declaration of David A. Gill Robert K, Sall, and Sherry S. Bragg. (mat) Modified on 6/18/2012 (cbr).
June 13, 2012 Filing 381 SEALED DOCUMENT- ORDER Approving Receiver's Exparte Application for Authority to File Under Seal Pursuant to L.R. 79-5.1 (mat)
June 13, 2012 Filing 380 SEALED DOCUMENT- RECEIVER'S EXPARTE APPLICATION for Authority to File Under Seal Pursuant to L.R. 79-5.1; Memorandum of Points and Authorities; and Declaration of George E. Schulman. (mat)
June 12, 2012 Filing 379 EX PARTE APPLICATION for Settlement Approval of Sale of Receiver's Interest in Cancun Condominium Receiver's Ex Parte Application To Approve Sale Agreement Between Receiver And Jeffrey A. Appel For Receiver's Interest In Cancun Condominium; Declarations of David A. Gill And Michael DAlba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(D'Alba, Michael)
June 12, 2012 Filing 378 NOTICE of Manual Filing filed by Receiver David A Gill of Ex Parte Application to Approve Confidential Settlement Agreement. (D'Alba, Michael)
May 8, 2012 Opinion or Order Filing 376 ORDER APPROVING RECEIVERS EX PARTEAPPLICATION TO APPROVE PURCHASE AND SALE AGREEMENT BETWEEN RECEIVER AND GAINES AND WELSH FINANCIAL SERVICES,INC., FOR RECEIVERS INTEREST IN PROCEEDS OFBROWN FIELD PROJECT by Judge Manuel L. Real: The Application is GRANTED in its entirety.2. The Purchase and Sale Agreement attached as Exhibit "1" to theDeclaration of David A. Gill in support of the Application is approved.3. The Receiver is authorized to execute all documents and otherwise takeall actions the Receiver deems necessary and appropriate to effectuate the sale as setforth in the Application.4. The form and manner of notice of the Application provided by theReceiver is appropriate. #375 (pj)
May 7, 2012 Filing 377 MINUTES OF Motion Hearing held before Judge Manuel L. Real:Receiver's motion for approval of professional fees and expenses for Sept. 1, 2010 thru January 31,2012 #363 . The Court continues the matter for hearing to JULY 9, 2012at 10:00 a.m. Court Reporter: Sheri Kleeger. (lc)
May 4, 2012 Filing 375 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application to Approve Purchase and Sale Agreement Between Receiver and Gaines and Welsh Financial Services, Inc., For Receiver' Interest on Proceeds of Brown Field Project; Memorandum of Points and Authorities; and Declarations of David A. Gill and Michael G. D'Alba filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(D'Alba, Michael)
May 2, 2012 Filing 374 NOTICE OF ENTRY filed by Receiver David A Gill. Notice of Entry of Order Approving Receiver's Ex Parte Application to Clarify that Charitable Foundation, DLG Grantor Trust, Commercial Lending Group, and Mydrsplan are Subsidiaries and/or Affiliates of Diversified Lending Group, Inc., Subject to the Amended Order of Preliminary Injunction [DOCKET ENTRY NO. 373] (D'Alba, Michael)
April 27, 2012 Opinion or Order Filing 373 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION to Clarify That Charitable Foundation, DLG Grantor Trust, Commercial Lending Group, and Mydrsplan are Subsidiaries and/or Affiliates of Diversified Lending Group, Inc., Subject to the Amended Order of Preliminary Injunction; by Judge Manuel L. Real: #371 (pj)
April 24, 2012 Filing 372 NOTICE of Change of Attorney Information for attorney John B Bulgozdy counsel for Plaintiff Securities and Exchange Commission. Adding John B. Bulgozdy as attorney as counsel of record for Plaintiff Securities and Exchange Commission for the reason indicated in the G-06 Notice. Filed by Plaintiff Securities and Exchange Commission (Bulgozdy, John)
April 20, 2012 Filing 371 EX PARTE APPLICATION for Preliminary Injunction re Grantor Trust Receiver's Ex Parte Application to Clarify That Charitable Foundation, DLG Grantor Trust, Commercial Lending Group, and Mydrsplan are Subsidiaries and/or Affiliates of Diversified Lending Group, Inc., Subject to the Amended Order of Preliminary Injunction; Memorandum of Points and Authorities, Declarations of David A. Gill and Michael G. DAlba, and Request for Judicial Notice In Support Thereof, with Proof of Service.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need immediate judicial review, please call 213-894-2485 to advise that a Preliminary Injunction has been electronically filed. Failure to call the courtroom deputy, or the after hours filing contact number, may result in a delay of judicial review. Ex Parte Application filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
April 19, 2012 Filing 370 Waiver of Service of Documents From the Clerk (Laurin, Paul)
April 17, 2012 Filing 369 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, JANUARY 17, 2012 (dc)
April 17, 2012 Filing 368 TRANSCRIPT for proceedings held on MONDAY, JANUARY 17, 2012. Court Reporter/Electronic Court Recorder: SHERI S. KLEEGER,, phone number (213)894-6604. 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 5/8/2012. Redacted Transcript Deadline set for 5/18/2012. Release of Transcript Restriction set for 7/16/2012. (dc)
April 6, 2012 Opinion or Order Filing 367 MINUTE ORDER IN CHAMBERS by Judge Manuel L. Real: COUNSEL ARE NOTIFIED that on the Court's own motion the: Receivers motion for approval of fees and expenses is hereby ORDERED CONTINUED FROM APRIL 16, 2012 AT 10:00 A.M. TO MAY 7, 2012 AT 10:00 A.M. Opposition and Reply papers remain due as originally set, pursuant to the rules, by the hearing date of April 16, 2012. The continuation of the hearing DOES NOT move the due dates of those filings. (pj)
March 19, 2012 Filing 366 DECLARATION of Kathy Bazoian Phelps in Support of Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012)Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012) #363 filed by Receiver David A Gill. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Phelps, Kathy)
March 19, 2012 Filing 365 DECLARATION of David A. Gill in Support of Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012)Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012) #363 filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proposed Order, #12 Affidavit proof of service)(Gill, David)
March 19, 2012 Filing 364 DECLARATION of R. Todd Neilson; David W. Callaghan; Craig A. Enck; and (4) Christian Limon in Support of Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012)Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012) #363 filed by Receiver David A Gill. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Gill, David)
March 19, 2012 Filing 363 Fifth REQUEST for Attorney Fees Receivers Fifth Request For Approval Of Professional Fees And Expenses (September 1, 2010 Through January 31, 2012) filed by Receiver David A Gill. Request set for hearing on 4/16/2012 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
February 3, 2012 Opinion or Order Filing 362 ORDER re Stipulation for Order #360 by Judge Manuel L. Real. It appearing that good cause exists, IT IS ORDERED that the Stipulation is approved. IT IS FURTHER ORDERED that the orders entered on March 4, 2009, as already modified on March 10, 2009, and April 3, 2009, are further modified to permit Jackson National Life Insurance Company, upon the requests of Harold Henson and Cletus Kuhla, respectively, to pay the cash surrender values of the Jackson National Life Insurance Company annuity policies numbered 1003050692 to Henson and 1004197093 to Kuhla. IT IS FURTHER ORDERED that the Receiver shall have no obligation with respect to requests to foreclose upon Jackson National annuity policy numbers 1003050692 and 1004197093. (kti)
February 2, 2012 Filing 361 QUARTERLY REPORT of RECEIVER filed by Receiver David A Gill. (Attachments: #1 Exhibit EXHIBITS A&B, #2 Exhibit EXHIBITS C,D,E, #3 Exhibit EXHIBIT F)(Gill, David)
February 2, 2012 Filing 360 STIPULATION for Order Re Stipulation By And Among The United States Securities And Exchange Commission, The Receiver, And Jackson National Life Insurance Company Authorizing Jackson National Life Insurance Company To Release Collateral To Holders Of Investor Notes Secured By Collateral Assignments Of Jackson National Annuities, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
February 2, 2012 Opinion or Order Filing 359 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE PURCHASE AND SALE AGREEMENT BETWEEN RECEIVER AND PALM SPRINGS INDUSTRIAL DEVELOPMENT, LP, FOR RECEIVER'S INTEREST IN DESERT LAND VENTURES III LC by Judge Manuel L. Real: granting #358 Ex Parte Application for Settlement (bp)
January 31, 2012 Filing 358 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Purchase and Sale Agreement Between Receiver and Palm Springs Industrial Development, LP, For Receiver's Interest In Desert Land Ventures III LLC; Memorandum of Points And Authorities; And Declarations of David A. Gill And Michael G. D'Alba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Phelps, Kathy)
January 30, 2012 Filing 357 TRANSCRIPT ORDER for date of proceedings January 17, 2012 to January 17, 2012 re: Motion for Order,, #340 , as to Receiver David A Gill Court Reporter Sheri Kleeger. Court will contact George Schulman/Cindy Cripe at gschulman@dgdk.com; cmc@dgdk.com with any questions regarding this order. Transcript portion requested: Other: argument on motion and order by the Court. Category: Ordinary. (Schulman, George)
January 27, 2012 Filing 356 DECLARATION of Ronald E. Isles In Dispute of Receiver's Calculation filed by Objectors Ronald E Isles, Joy Isles. (bm)
January 23, 2012 Opinion or Order Filing 355 ORDER APPROVING SETTLEMENT BETWEEN RECEIVER AND KELLEY G. MEHLMAN by Judge Manuel L. Real: granting #351 Ex Parte Application for Settlement. (rs)
January 23, 2012 Opinion or Order Filing 354 ORDER APPROVING SETTLEMENT BETWEEN RECEIVER AND WENDY ANN MEHLMAN by Judge Manuel L. Real: granting #352 Ex Parte Application for Settlement. (rs)
January 23, 2012 Opinion or Order Filing 353 ORDER GRANTING RECEIVERS MOTION FOR ORDER (1) ESTABLISHING DISTRIBUTION PRIORITY;(2) ALLOWING AND RESERVING FOR CLAIMS: (3) ESTABLISHING A PROCEDURE FOR RESOLVING DISPUTED CLAIMS; (4) RESERVING FOR UNPAID ADMINISTRATIVE EXPENSES AND TAXES; AND (5) AUTHORIZING THE RECEIVER TO MAKE AN INTERIM DISTRIBUTION #340 The Receiver is authorized to distribute funds with respect to allowed claims, and reserve funds in a pro rata amount for disputed claims or portions ofclaims, such that the total of reserved and allowed funds is about $5.1 million.7. The Receiver is authorized to establish a reserve of $2,000,000, of which $500,000 will be for the purpose of paying any taxes the Receiver may owe, and the balance of $1.5 million as a reserve to fund any administrative fees theReceiver may owe after review and approval of such fees and expenses by the Court by Judge Manuel L. Real, (pj)
January 18, 2012 Filing 352 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application to Approve Settlement Agreement Between Receiver and Wendy Ann Mehlman; Memorandum of Points and Authorities; and Declarations of David A. Gill and Michael G. D'Alba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
January 18, 2012 Filing 351 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver And Kelley G. Mehlman; Memorandum of Points And Authorities; And Declarations of David A. Gill And Michael G. D'Alba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
January 17, 2012 Filing 350 MINUTES OF Receiver's motion for order ( 1) establishing distribution priority, (2) allowing and reserving for claims, (3) establishing a procedure for resolving disputed claims, (4) reserving for unpaid administrative expenses and taxes, and (5) authorizing the Receiver to make an interim distribution #340 and Petitioner LS 2003 Trust's petition for leave to file late investor/creditor claim #347 held before Judge Manuel L. Real: The parties submit on their papers as filed. The Court GRANTS #340 , and DENIES #347 as listed above, for reasons as stated on the record. Counsel for Receiver shall submit proposed orders. Court Reporter: Sheri Kleeger. (kti)
January 13, 2012 Filing 349 OF SERVICE filed by Receiver David A Gill, re MOTION for Order for establishing distribution priority; allowing and reserving for claims; establishing a procedure for resolving disputed claims #340 Supplemental Proof Of Service Of: Receivers Notice Of Motion And Motion For Order (1) Establishing Distribution Priority; (2) Allowing And Reserving For Claims: (3) Establishing A Procedure For Resolving Disputed Claims; (4) Reserving For Unpaid Administrative Expenses And Taxes; And (5) Authorizing The Receiver To Make An Interim Distribution; Declaration Of David A. Gill served on December 9, 2011. (Gill, David)
January 11, 2012 Filing 348 RESPONSE IN SUPPORT of MOTION for Order for establishing distribution priority; allowing and reserving for claims; establishing a procedure for resolving disputed claims #340 Response To Petition By LS 2003 Trust For Leave To File Late Investor/Creditor Claim And Report Re Resolution Of Other Disputes filed by Receiver David A Gill. (Gill, David)
January 6, 2012 Filing 347 PETITION for Leave to file a late Investor/Creditor Claim filed by Petitioner LS 2003 Trust. (pj)
January 5, 2012 Filing 344 REPLY Reply to Opposition MOTION for Order for establishing distribution priority; allowing and reserving for claims; establishing a procedure for resolving disputed claims #340 Reply To Opposition Of Consolidated Healthcare Services, LLC, To Receiver's Motion For Order (1) Establishing Distribution Priority, etc. filed by Receiver David A Gill. (Schulman, George)
January 4, 2012 Opinion or Order Filing 346 ORDER APPROVING RECEIVERS EX PARTE APPLICATION TO APPROVE SALE AGREEMENT BETWEEN RECEIVER AND STEVEN FREEMAN FOR BALANCE OWING UNDER SETTLEMENT WITH ROBERT FIELDS by Judge Manuel L. Real: 1. The Application is GRANTED in its entirety. 2. The Sale Agreement attached as Exhibit "1" to the Declaration of David A. Gill in support of the Application is approved. 3. The Receiver is authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to effectuate the sale as set forth in the Application.4. The form and manner of notice of the Application provided by theReceiver is appropriate #342 . (pj)
January 4, 2012 Opinion or Order Filing 345 ORDER APPROVING RECEIVERS EX PARTE APPLICATION TO APPROVE SALE AGREEMENT BETWEEN RECEIVER AND CLARKRICHARDS TO PURCHASE SHARES IN RF SURGICAL SYSTEMS, INC by Judge Manuel L. Real: 1. The Application is GRANTED in its entirety. 2. The Sale Agreement attached as Exhibit "1" to the Declaration of David A. Gill in support of the Application is approved. 3. The Receiver is authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to effectuate the sale as set forth in the Application. 4. The form and manner of notice of the Application provided by the Receiver is appropriate. #341 (pj)
December 30, 2011 Filing 343 Opposition Opposition re: MOTION for Order for establishing distribution priority; allowing and reserving for claims; establishing a procedure for resolving disputed claims #340 Opposition of Consolidated Healthcare Services, LLC, to Receiver's Motion for Order (1) Establishing Distribution of Priority; (2) Allowing and Reserving for Claims; (3) Establishing a Procedure for Resolving Disputed Claims; (4) Reserving for Unpaid Administrative Expenses and Taxes; and (5) Authorizing the Receiver to Make an Interim Distribution; Memorandum of Points and Authorities filed by Interested Party Consolidated Healthcare Services LLC. (Eisenberg, Joseph)
December 23, 2011 Filing 342 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Sale Agreement Between Receiver And Steven Freeman For Balance Owing Under Settlement Agreement With Robert Fields; Memorandum Of Points And Authorities; And Declarations Of David A. Gill And Michael G. DAlba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Phelps, Kathy)
December 23, 2011 Filing 341 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Sale Agreement Between Receiver And Clark Richards For Shares In Rf Surgical Systems, Inc.; Memorandum Of Points And Authorities; And Declarations Of David A. Gill And Michael G. DAlba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Phelps, Kathy)
December 9, 2011 Filing 340 NOTICE OF MOTION AND MOTION for Order for establishing distribution priority; allowing and reserving for claims; establishing a procedure for resolving disputed claims filed by Receiver David A Gill. Motion set for hearing on 1/17/2012 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit Quarterly Report, #2 Exhibit Order re Claims, #3 Exhibit List of Claimants, part 1, #4 Exhibit List of Claimants, part 2, #5 Exhibit Remaining Claims, #6 Proposed Order, #7 Affidavit proof of service)(Gill, David)
November 28, 2011 Filing 339 NOTICE of Change of address by George E Schulman attorney for Receiver David A Gill. Changing attorneys address to 1900 Avenue of the Stars, 11th Floor, Los Angeles, CA 90067. Filed by Receiver David A Gill. (Schulman, George)
November 28, 2011 Filing 338 NOTICE of Change of address by Michael Grant D'Alba attorney for Receiver David A Gill. Changing attorneys address to 1900 Avenue of the Stars, Eleventh Floor, Los Angeles, CA 90067. Filed by Receiver David A Gill. (D'Alba, Michael)
November 9, 2011 Filing 335 QUARTERLY REPORT of RECEIVER filed by Receiver David A Gill. (Gill, David)
October 27, 2011 Opinion or Order Filing 334 ORDER APPROVING SETTLEMENT BETWEEN RECEIVER AND CHARLES M. RICHARDSON by Judge Manuel L. Real: #328 (pj)
October 27, 2011 Opinion or Order Filing 333 ORDER APPROVING RECEIVER'S SETTLEMENT AGREEMENT BETWEEN RECEIVER AND MICHAEL G KAPLAN DBA VOIR DIRE PARTNERS; MICHAEL G KAPLAN DBA MICHAEL G KAPLAN & Associate's ; Michael G Kaplan dBA Kaplan dba Kaplan Abraham Burkhert & Co; Michael G Kaplan; Dina Kaplan; and Brandon Kaplan, by and through his parents and guardians by Judge Manuel L. Real: #329 . (pj)
October 27, 2011 Opinion or Order Filing 330 ORDER APPROVING SETTLEMENT BETWEEN RECEIVER AND ROBERT R. ROHN, MARY ROHN, AND ROBERT MICHAEL ROHN by Judge Manuel L. Real: #327 The Receiver is entitled to the $30,000 that the Rohns paid to the client trust account of the Receiver's counsel.6. The United States District Court for the Central District of Californiashall retain jurisdiction to enforce the Agreement (SEE ATTACHED DOCUMENT FOR FURTHER DETAILS) (pj)
October 25, 2011 Filing 329 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Between Receiver and Michael G. Kaplan dba Michael G. Kaplan & Associates; Michael G. Kaplan dba Kaplan Abraham Burkert & Co.; Michael G. Kaplan; Dina Kaplan; and Brandon Kaplan, by and through his Parents and Guardians filed by Receiver David A Gill.(Schulman, George)
October 25, 2011 Filing 328 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement between Receiver and Charles M. Richardson filed by Receiver David A Gill.(Schulman, George)
October 25, 2011 Filing 327 EX PARTE APPLICATION for Settlement Approval of Agreement Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver And Robert R. Rohn, Mary Rohn, And Robert Michael Rohn; Memorandum Of Points And Authorities; And Declarations Of David A. Gill And Michael G. D'alba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
October 20, 2011 Filing 337 SEALED DOCUMENT- Approving Confidential Settlement Agreement Between Receiver and Seal and for Authority to Pay Fees and Costs of Contingency Counsel. (mat)
October 20, 2011 Filing 336 SEALED DOCUMENT- Receiver's EX PARTE APPLICATION to Approve Confidential Settlement Agreement Between Receiver and Seal and for Authority to Pay Fees and Costs of Contingency counsel; Memorandum of Points and Authorities; and Declarations of David A. Gill, Robert K. Sall, and Sherry S. Bragg. (Attachments: Part 2)(mat)
October 20, 2011 Filing 332 SEALED DOCUMENT- Order Approving Receiver's Exparte Application for Authority to File Under Seal Pursuant to L.R. 79-5.1. (mat)
October 20, 2011 Filing 331 SEALED DOCUMENT- Receiver's Exparte Application for Authorities to File Under Seal Pursuant to L.R. 79-5.1.; Memorandum of Points and Authorities; and Declaration of George E. Schulman. (mat)
October 19, 2011 Filing 326 NOTICE filed by Receiver David A Gill. Notice of Manual Filing (D'Alba, Michael)
October 19, 2011 Filing 325 Notice of Withdrawal of Notice (Other) #324 filed by Receiver David A Gill. (D'Alba, Michael)
October 19, 2011 Filing 324 NOTICE filed by Receiver David A Gill. Notice of Manual Filing (D'Alba, Michael)
October 19, 2011 Filing 323 Notice of Withdrawal of Notice (Other) #322 filed by Receiver David A Gill. (D'Alba, Michael)
October 18, 2011 Filing 322 NOTICE filed by Receiver David A Gill. Notice of Manual Filing, with Proof of Service (D'Alba, Michael)
August 23, 2011 Filing 321 DECLARATION of David A. Gill re Report #313 In Support of Receiver's Quarterly Report (Quarter Ending June 30, 2011) with Proof of Service filed by Receiver David A Gill. (Gill, David)
August 18, 2011 Filing 320 NOTICE of Entry of Ruling, re: Order on Ex Parte Application for Settlement #318 , filed by Receiver David A Gill. (Schulman, George)
August 18, 2011 Filing 319 NOTICE of Entry of Ruling, re: Order on Ex Parte Application for Settlement,,, #316 , filed by Receiver David A Gill. (Schulman, George)
August 12, 2011 Opinion or Order Filing 318 ORDER APPROVING RECEIVERS SETTLEMENT AGREEMENT BETWEEN RECEIVER AND SEYED A.AZIMI AND FARIDEH AZIMI by Judge Manuel L. Real #317 . SEE ORDER. (im)
August 11, 2011 Filing 317 EX PARTE APPLICATION for Settlement Approval of Agreement between Receiver and Seyed A. Azimi and Farideh Azimi filed by Receiver David A Gill. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Settlement Agreement, #3 Affidavit Proof of Service)(Schulman, George)
August 9, 2011 Opinion or Order Filing 316 ORDER by Judge Manuel L. Real: Ex Parte Application to Approve Settlement Agreement between Receiver and Daryn I Friedman and Karry S Friedman aka Karry S Liker #314 is GRANTED in its entirety. The Receiver is authorized to execute the Settlement Agreement and Mutual Limited Release substantially in the form set forth in Exhibit "2" to the Declaration of David A. Gill in support of the Application. The Receiver is authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to effectuate the settlement as set forth in the Application. The United States District Court for the Central District of California shall retain jurisdiction to enforce the Agreement. The form and manner of notice of the Application provided by theReceiver is appropriate. (ir)
August 2, 2011 Filing 315 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver And Daryn I. Friedman And Karry S. Friedman Aka Karry S. Liker; Memorandum Of Points And Authorities; And Declaration #314 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vh)
July 29, 2011 Filing 314 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver And Daryn I. Friedman And Karry S. Friedman Aka Karry S. Liker; Memorandum Of Points And Authorities; And Declarations Of David A. Gill and Michael G. D'Alba filed by Receiver David A Gill.(Schulman, George)
July 22, 2011 Filing 313 QUARTERLY REPORT of RECEIVER'S QUARTERLY REPORT (QUARTER ENDING JUNE 30, 2011) filed by Receiver David A Gill. (Attachments: #1 Exhibit Ex. A)(Schulman, George)
July 7, 2011 Filing 312 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #293 -Notice of Entry of ORDER APPROVING RECEIVER'S EX PARTE APPLICATION FOR AUTHORITY TO SELL INTEREST IN RDLG, LLC; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 311 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #294 -Notice of Entry of ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SALE AGREEMENT BETWEEN RECEIVER AND CHARLES H. FABISH, JR. TO PURCHASE NOTE AND TRUST DEED; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 310 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #302 -Notice of Entry of ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SALE OF MEMBERSHIPINTERESTS IN KIDFRESH LLC TO JAIME MATEUS-TIQUE; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 309 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #303 -Notice of Entry of ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENTBETWEEN RECEIVER AND SUSAN KREMBS; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 308 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Disbursement of Funds, #301 - Notice of Entry of ORDER GRANTING Application of Receiver For Approval of (1) Sale of Banjo Creek Property, Located at 3671 Pisgah Covered Bridge Road, Asheboro, North Carolina, Free and Clear of Liens, Claims and Encumbrances, and (2) Payment of Closing Costs Through Escrow, Including Legal Fees and Costs of North Carolina Counsel; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 307 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Order, #296 -Notice of Entry of Order Granting Application of Receiver for Approval of: (1) Sale Of Bermuda Dunes Property, Free And Clear Of Liens, Claims And Encumbrances, And (2) Payment Of Costs Through Escrow; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 306 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #297 -Notice of Entry of Order Approving Settlement Between Receiver And Tierra Rejada Golf Club, LLC; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 305 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #295 -Notice of Entry of Order Approving Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver, Robert Knight, And Knight Bilham Photography, LLC; proof of service served on 7/7/2011. (D'Alba, Michael)
July 7, 2011 Filing 304 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Settlement #292 -Notice of Entry of Order Approving Settlement between Receiver and The Law Offices of George Knopfler; proof of service served on 7/7/2011. (D'Alba, Michael)
July 1, 2011 Opinion or Order Filing 303 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENTBETWEEN RECEIVER AND SUSAN KREMBS by Judge Manuel L. Real: granting #299 Ex Parte Application for Settlement. (rs)
July 1, 2011 Opinion or Order Filing 302 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SALE OF MEMBERSHIPINTERESTS IN KIDFRESH LLC TO JAIME MATEUS-TIQUE by Judge Manuel L. Real granting #290 Ex Parte Application for Settlement. (rs)
July 1, 2011 Opinion or Order Filing 301 ORDER GRANTING Application of Receiver For Approval of (1) Sale of Banjo Creek Property, Located at 3671 Pisgah Covered Bridge Road, Asheboro, North Carolina, Free and Clear of Liens, Claims and Encumbrances, and (2) Payment of Closing Costs Through Escrow, Including Legal Fees and Costs of North Carolina Counsel by Judge Manuel L. Real: granting #291 Ex Parte Application for Disbursement of Funds (rs)
June 29, 2011 Filing 300 NOTICE filed by Receiver David A Gill. Notice of Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver And Susan Krembs, with Proof of Service (Phelps, Kathy)
June 29, 2011 Filing 299 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver And Susan Krembs; Memorandum Of Points And Authorities; And Declarations Of David A. Gill And Michael D'Alba, with Proof of Service filed by Receiver David A Gill.(Phelps, Kathy)
June 27, 2011 Filing 298 MINUTES OF Status Conference held before Judge Manuel L. Real. The Court discusses the status of the action and all the related matters with counsel and the Receiver. Court Reporter: Bridget Montero. (rs)
June 27, 2011 Opinion or Order Filing 297 ORDER APPROVING Settlement Between Receiver And Tierra Rejada Golf Club, LLC by Judge Manuel L. Real: granting #279 Ex Parte Application for Settlement. (rs)
June 27, 2011 Opinion or Order Filing 296 ORDER GRANTING APPLICATION OF RECEIVER FOR APPROVAL OF (1) Sale Of Bermuda Dunes Property, Free And Clear Of Liens, Claims And Encumbrances, And (2) Payment Of Costs Through Escrow by Judge Manuel L. Real: granting #286 Ex Parte Application for Order (rs)
June 27, 2011 Opinion or Order Filing 295 ORDER APPROVING Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver, Robert Knight, And Knight Bilham Photography, LLC by Judge Manuel L. Real: granting #283 Ex Parte Application for Settlement. (rs)
June 27, 2011 Opinion or Order Filing 294 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SALE AGREEMENT BETWEEN RECEIVER AND CHARLES H. FABISH, JR. TO PURCHASE NOTE AND TRUST DEED by Judge Manuel L. Real: granting #282 Ex Parte Application for Settlement. (rs)
June 27, 2011 Opinion or Order Filing 293 ORDER APPROVINGRECEIVERSEX PARTE APPLICATION FORAUTHORITY TO SELLINTEREST IN RDLG, LLC by Judge Manuel L. Real: granting #281 Ex Parte Application for Settlement. (rs)
June 27, 2011 Opinion or Order Filing 292 ORDER APPROVINGSETTLEMENT BETWEENRECEIVER AND THE LAWOFFICES OFGEORGE KNOPFLER by Judge Manuel L. Real: granting #280 Ex Parte Application for Settlement. (rs)
June 27, 2011 Filing 291 EX PARTE APPLICATION for Disbursement of Funds Receiver's Ex Parte Application to Approve: (1) Sale of Banjo Creek Property, Located at 3671 Pisgah Covered Bridge Road, Asheboro, North Carolina, Free and Clear of Liens, Claims and Encumbrances, and (2) Payment of Closing Costs Through Escrow, Including Legal Fees and Costs of North Carolina Counsel; Declarations of David A. Gill and Michael D'Alba (with Proof of Service) filed by Receiver David A Gill. (Attachments: #1 Exhibit Ex. A)(Phelps, Kathy)
June 27, 2011 Filing 290 EX PARTE APPLICATION for Settlement Approval of To Purchase Membership Interests in Kidfresh, LLC Receivers Ex Parte Application To Approve Sale Agreement Between Receiver And Jaime Mateus-Tique To Purchase Membership Interests In Kidfresh LLC; Declarations Of David A. Gill And Michael G. D'Alba; Request For Judicial Notice, with proof of service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Phelps, Kathy)
June 22, 2011 Filing 286 EX PARTE APPLICATION for Order for Approve (1) Sale Of Bermuda Dunes Property, Free And Clear Of Liens, Claims And Encumbrances, And (2) Payment Of Costs Through Escrow filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Proposed Order)(Phelps, Kathy)
June 21, 2011 Filing 289 SEALED DOCUMENT- Receiver's Statement Re: Status of Receivership. (mat)
June 21, 2011 Filing 288 SEALED DOCUMENT- Order Approving Receiver's Exparte Application for Authority to file Under Seal Pursuant to L.R. 79-5.1 (mat)
June 21, 2011 Filing 287 SEALED DOCUMENT- Receiver's Exparte Application for Authority to file Under Seal Pursuant to L.R. 79-5.1; Memorandum of Points and Authorities; and Declaration of Kathy Bazoian Phelps. (mat)
June 20, 2011 Filing 285 NOTICE of Manual Filing filed by Receiver David A Gill of Ex Parte Application for Authority to File Under Seal; Proposed Order; Receiver's Statement re Status of Receivership. (Phelps, Kathy)
June 20, 2011 Filing 284 STATEMENT of Position on Status of Receivership filed by Plaintiff Securities and Exchange Commission (Glynn, Gregory)
June 15, 2011 Filing 283 EX PARTE APPLICATION for Settlement Approval Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver, Robert Knight, And Knight Bilham Photography, LLC; Memorandum of Points And Authorities; And Declarations of David A. Gill And Michael DAlba, Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Phelps, Kathy)
June 2, 2011 Filing 282 EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application To Approve Sale Agreement Between Receiver And Charles H. Fabish, Jr. To Purchase Note And Trust Deed; Declarations Of David A. Gill And Michael D'Alba, with proof of service filed by Receiver David A Gill.(Phelps, Kathy)
June 2, 2011 Filing 281 EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application For Authority To Sell Interest In RDLG, LLC; Declarations of David A. Gill And Michael G. DAlba, with proof of service filed by Receiver David A Gill.(Phelps, Kathy)
May 9, 2011 Filing 280 EX PARTE APPLICATION for Settlement Approval of Agreement Between Receiver and The Law Offices of George Knopfler; Memorandum of Points and Authorities; and Declarations of David A. Gill and Michael G. D'Alba, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
May 6, 2011 Filing 279 EX PARTE APPLICATION for Settlement Approval of Agreement Between Receiver And Tierra Rejada Golf Club, LLC Memorandum Of Points And Authorities; And Declarations Of filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
April 26, 2011 Filing 278 QUARTERLY REPORT of RECEIVER filed by Receiver David A Gill. (Attachments: #1 Exhibit A, Section 1, #2 Exhibit A, Section 2, #3 Exhibit B, #4 Exhibit C, D, E)(Gill, David)
April 12, 2011 Filing 277 WITHDRAWAL of CLAIMS filed by Interested Party NetJets Aviation Inc. (pj)
March 30, 2011 Opinion or Order Filing 276 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION TO APPROVE SALE AGREEMENT BETWEEN RECEIVER, KACHAY HOMES, INC., SAMUEL KARP AND VSB PARTNERS, LLC by Judge Manuel L. Real: granting #275 Ex Parte Application for Order. (rs)
March 24, 2011 Filing 275 EX PARTE APPLICATION for Order for approval of sale agreement between Receiver, Kachay Homes, Inc., Samuel Karp and VSB Partners, LLC; Memorandum of Points and Authorities; and Declarations of David A. Gill and Gilbert Mikalian, with proof of service filed by Receiver David A Gill.(Phelps, Kathy)
March 18, 2011 Opinion or Order Filing 274 ORDER APPROVING THE EMPLOYMENT OF BERKELEY RESEARCH GROUP LLC AS RECEIVERS FORENSIC ACCOUNTANTS by Judge Manuel L. Real: #272 . (im)
March 17, 2011 Opinion or Order Filing 273 ORDER GRANTING RECEIVER'S FOURTH REQUEST FOR APPROVAL OF PROFESSIONAL FEES AND EXPENSES by Judge Manuel L. Real: IT IS HEREBY ORDERED that the Receiver's Fourth Request for Approval of Professional Fees and Expenses is GRANTED with the following modifications: payment of all advanced costs are approved; the Receiver shall receive $114,325.25 in fees; Danning, Gill, Diamond & Kollitz, LLP shall receive $320,239.50 in fees; LECG, Inc., shall receive $100,000.00 in fees; Kates Nussman Rapone Ellis & Farhi, APC shall receive $8,003.75 in fees; and McNeil & Carlino, PLLC shall receive $3,845.23 in fees,granting #248 Request for Attorney Fees (bp)
March 14, 2011 Filing 272 EX PARTE APPLICATION for Order for Notice of Ex Parte Application and Receiver's Application to Approve Substitution of Berkeley Research Group LLC in Place of LECG as Forensic Accountants; Memorandum of Points and Authorities; and Declarations of David A. Gill and Gilbert Mikalian in Support Thereof filed by David A. Gill, Receiver David A Gill.(Gill, David)
February 18, 2011 Filing 271 NOTICE of Entry of Order Granting Application of Receiver for Approval of (1) Sale of 15935 Meadowcrest Road in Sherman Oaks, California, Free and Clear of Liens, Claims and Encumbrances; and (2) Payment of Costs Through Escrow, with Proof of Service filed by Receiver David A Gill. (Mikalian, Gilbert)
February 14, 2011 Filing 270 EX PARTE APPLICATION for Order for to Approve (1) Sale of 15935 Meadowcrest Road in Sherman Oaks, California, Free and Clear of Liens, Claims and Encumbrances, and (2) Payment of Costs Receiver's Ex Parte Application to Approve (1) Sale of 15935 Meadowcrest Road in Sherman Oaks, California, Free and Clear of Liens, Claims and Encumbrances, and (2) Payment of Costs; Declarations of David A. Gill and Gilbert Mikalian (with Proof of Service) filed by Receiver David A Gill.(Schulman, George)
January 24, 2011 Filing 269 NOTICE filed by Plaintiff David A Gill. Notice of Entry of Order Approving Settlement Between Receiver and Wells Fargo Bank, N.A. (with Proof of Service) (Schulman, George)
January 24, 2011 Filing 268 NOTICE OF NON-OPPOSITION to Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service)Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) #248 SEC Non-Opposition filed by Plaintiff Securities and Exchange Commission. (Glynn, Gregory)
January 19, 2011 Opinion or Order Filing 267 ORDER APPROVING SETTLEMENT BETWEEN THE RECEIVER AND WELLS FARGO BANK N.A. by Judge Manuel L. Real: #265 Ex Parte Application for Settlement (pj)
January 19, 2011 Filing 266 MONTHLY NO. 2 REPORT of Receiver filed by Receiver David A Gill. (Gill, David)
January 14, 2011 Filing 265 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement between Receiver and Wells Fargo Bank, N.A. Receiver's Ex Parte Application to Approve Settlement Agreement Between Receiver and Wells Fargo Bank, N.A.; Memorandum of Points and Authorities; and Declarations of David A. Gill and Michael G. D'Alba (with Proofs of Service) filed by Receiver David A Gill.(Schulman, George)
January 7, 2011 Opinion or Order Filing 264 ORDER AUTHORIZING THE EMPLOYMENT ON A CONTINGENCY FEE BASIS OF THE SALL LAW FIRM, APC, AND WALDRON & BRAGG, LLP by Judge Manuel L. Real, (im)
December 27, 2010 Filing 263 SEALED DOCUMENT- Supplemental Report of Receiver Re: Application to Employ the Sall Law Firm.(mat)
December 23, 2010 Filing 262 STATUS REPORT Receiver's Monthly Report (November 2010) filed by Receiver David A Gill. (Gill, David)
December 16, 2010 Opinion or Order Filing 261 ORDER by Judge Manuel L. Real GRANTING Ex Parte Application for Order to Approve Sale Agreement Between Receiver, Kachay Homes, Inc., Samuel Karp and VSB Partners, LLC #259 in its entirety. The Receiver is authorized to execute the Agreement Concerning Sale of LLC Membership Interest and Guaranty Claims substantially in the form set forth in Exhibit "2" to the Declaration of David A. Gill in support of the Application. The Receiver is authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to effectuate the sale as set forth in the Application. The form and manner of notice of the Application provided by the Receiver is appropriate. (jp)
December 15, 2010 Opinion or Order Filing 260 ORDER APPROVING SETTLEMENT BETWEEN RECEIVER AND NETJETS by Judge Manuel L. Real: Ex Parte Application for Settlement Agreement between Receiver and NetJets #255 is APPROVED. The terms and provisions of the Settlement Agreement and Mutual 4 Limited Release ("Agreement"), a copy of which is attached as Exhibit "2" to the Declaration of David A. Gill in support of the Application are hereby approved. The Receiver is authorized to settle the Dispute, as that term is defined in the Application and Agreement, with NJI Sales, Inc., NetJets Sales, Inc., NetJets International, Inc., NetJets Services, Inc., and NetJets Aviation, Inc. (collectively, "NetJets"). The Receiver is authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to effectuate the settlement.The United States District Court for the Central District of California shall retain jurisdiction to enforce the Agreement. The form and manner of notice of the Application provided by the Receiver is appropriate. (ir)
December 15, 2010 Filing 259 EX PARTE APPLICATION for Order for Receiver's Ex Parte Application to Approve Sale Agreement Between Receiver, Kachay Homes, Inc., Samuel Karp and VSB Partners, LLC; Memorandum of Points and Authorities; and Declarations of David A. Gill and Gilbert Mikalian filed by David A. Gill, Receiver David A Gill.(Phelps, Kathy)
December 14, 2010 Filing 258 NOTICE filed by Receiver David A Gill. Notice Of Errata For Documents 256 And 257 (Caforio, Bryan)
December 10, 2010 Filing 257 EX PARTE APPLICATION for Settlement Approval of and Application for Dismissal of Ryan Kroner Without Prejudice filed by Receiver David A Gill. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Caforio, Bryan)
December 10, 2010 Filing 256 EX PARTE APPLICATION for Settlement Approval of and Application for Dismissal of Michael Erony Without Prejudice filed by Receiver David A Gill. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order)(Caforio, Bryan)
December 10, 2010 Filing 255 EX PARTE APPLICATION for Settlement Approval of between Receiver and Netjets with proof of service filed by Defendant Diversified Lending Group, Inc..(Schulman, George)
December 6, 2010 Filing 254 MINUTES OF Receiver's 4th Request for Approval of Professional Fees & ExpensesThe held before Judge Manuel L. Real: The Court instructs the Receiver to file monthly reports with the Court. The Court CONTINUES the hearing on the 4th Request for Approval of Professional Fees & Expenses to FEBRUARY 7, 2011 at 10:00 a.m #248 Court Reporter: Bridget Montero. (pj)
December 1, 2010 Filing 253 NOTICE OF ERRATA filed by Receiver David A Gill. correcting Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service)Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) #248 with proof of service (Gill, David)
November 19, 2010 Opinion or Order Filing 252 ORDER by Judge Manuel L. Real GRANTING Ex Parte Application for Additional Authority to Exchange Certain Assets for Membership Interest in a Limited Liability Company to Facilitate the Sale of Real Property in Linville, North Carolina #246 . (jp)
November 15, 2010 Filing 251 SEALED DOCUMENT- Supplemental Declaration of Robert K. Sall in Support of Employment Application.(mat)
November 8, 2010 Filing 250 DECLARATION of David A. Gill, Kathy Bazoian Phelps, David W. Callaghan, Jack Zakim, Peter Carlino in support of Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service)Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) #248 Declarations of (1) David A. Gill, (2) Kathy Bazoian Phelps, (3) David W. Callaghan, (4) Jack Zakim, and (5) Peter Carlino in Support of Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) filed by Receiver David A Gill. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N, #15 Exhibit Ex. O, #16 Exhibit Ex. P, #17 Exhibit Ex. Q, #18 Exhibit Ex. R, #19 Exhibit Ex. S)(Gill, David)
November 8, 2010 Filing 249 REQUEST FOR JUDICIAL NOTICE re Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service)Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) #248 Request for Judicial Notice in Support of Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) filed by Permanent Receiver David A Gill. (Attachments: #1 Exhibit Ex. A)(Gill, David)
November 8, 2010 Filing 248 Fourth REQUEST for Attorney Fees Receiver's Fourth Request for Approval of Professional Fees and Expenses (with Proof of Service) filed by Permanent Receiver David A Gill. Request set for hearing on 12/6/2010 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
November 8, 2010 Opinion or Order Filing 247 ORDER APPROVING SETTLEMENT BETWEENRECEIVER AND ROBERT G. SITOMER AND JULIE SITOMER by Judge Manuel L. Real: #244 (pj)
November 5, 2010 Filing 246 EX PARTE APPLICATION for Order for Receiver's Ex Parte Application for Additional Authority to Exchange Certain Assets for Membership Interest in a Limited Liability Company to Facilitate the Sale of Real Property in Linville, North Carolina; Declarations of David A. Gill and Patricia W. Morris with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Part 2)(Gill, David)
November 3, 2010 Filing 244 EX PARTE APPLICATION for Settlement Approval of Agreement Between Receiver and Robert G. Sitomer and Julie Sitomer; Memorandum of Points and Authorities; and Declarations of David A. Gill and Gilbert Mikalian, with proof of service filed by David A. Gill, Receiver David A Gill.(Schulman, George)
November 1, 2010 Opinion or Order Filing 245 ORDER by Judge Manuel L. Real, RE MOTION OF RECEIVE FOR DISALLOWANCE OF DUPLICATE CLAIMS, EXTENDING LAST DATE TO FILE CLAIMS TO JULY 10, 2010 AND C to RECOMMEND A PROCEDURE TO RESOLVE CLAIMS DISPUTES (pj)
October 28, 2010 Filing 243 NOTICE of Entry of Order re Motion of Receiver for Disallowance of Duplicate Claims, (b) Extending Last Date to File Claims to July 10, 2010 and (c) to Recommend a Procedure to Resolve Claims Disputes), re: Order on Motion for Order #242 , filed by David A. Gill, Receiver David A Gill. (Schulman, George)
October 27, 2010 Opinion or Order Filing 242 ORDER by Judge Manuel L. Real: granting #238 Motion of Receiver for Disallowance of Duplicative Claims (B) Extending Last Date to File Claims to July 10, 2010, and (C) to Recommend a Procedure to Resolve Claims Disputes. (shb)
October 21, 2010 Filing 241 REPLY Reply to Opposition of Claimant John F. Gregory MOTION for Order for Disallowance of Duplicate Claims (B) Extending Last Date to File Claims to July 10, 2010 and (C) to Recommend a Procedure to Resolve Claims Disputes with Proof of Service MOTION for Order for Disallowance of Duplicate Claims (B) Extending Last Date to File Claims to July 10, 2010 and (C) to Recommend a Procedure to Resolve Claims Disputes with Proof of Service #238 filed by Receiver David A Gill. (Schulman, George)
October 13, 2010 Filing 240 FOURTH SEMI-ANNUAL REPORT of RECEIVER (March 1, 2010 - September 30, 2010) filed by Receiver David A Gill. (Attachments: #1 Receiver's Fourth Semi-Annual Report - Part 2)(Gill, David)
October 12, 2010 Filing 239 EX PARTE APPLICATION for Order for Approval of Contingency Fee Arrangement with Sall Law Firm, APC, and Waldron & Bragg, LLP, for Certain Litigation; Memorandum of Points and Authorities; Declarations of David A. Gill, Robert K. Sall and Gary A. Waldron filed by David A. Gill, Receiver David A Gill. (Attachments: #1 Exhibit)(Gill, David)
October 1, 2010 Filing 238 NOTICE OF MOTION AND MOTION for Order for Disallowance of Duplicate Claims (B) Extending Last Date to File Claims to July 10, 2010 and (C) to Recommend a Procedure to Resolve Claims Disputes with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 11/1/2010 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
September 29, 2010 Opinion or Order Filing 237 MINUTES (IN CHAMBERS): ORDER by Judge Manuel L. Real: The Receivers motion for an order authorizing the employment on a contingency fee basis of the Sall Law Firm APC and Waldron & Bragg LLP, set for hearing on October 4, 2010 at 10:00 a.m., is taken Off Calendar as moot at this time. The Receiver may re-visit the issue with the Court by Ex Parte Application, if he chooses to do so. #233 (pj)
September 27, 2010 Opinion or Order Filing 236 ORDER by Judge Manuel L. Real GRANTING Receiver's Ex Parte Application for Approval of Settlement between receiver and Kevin T. Mehlman and Stephanie Mehlman #234 . (See attached Order for further information). (jp)
September 15, 2010 Filing 235 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application to Approve Settlement Agreement Between Receiver and Kevin T. Mehlman and Stephanie Mehlman; Declarations of David A. Gill and Gilbert Mikalian, with proof of service #234 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Proposed Document (Order) was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (vh)
September 14, 2010 Filing 234 EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application to Approve Settlement Agreement Between Receiver and Kevin T. Mehlman and Stephanie Mehlman; Declarations of David A. Gill and Gilbert Mikalian, with proof of service filed by Receiver David A Gill. (Attachments: #1 part 2)(Schulman, George)
August 31, 2010 Filing 233 NOTICE OF MOTION AND MOTION for Order for Authorizing the Employment on a Contigency Fee Basis of The Sall Law Firm, APC, and Waldron & Bragg, LLP ; Declarations of Robert K. Sall and Gary A. Waldron in Support Thereof, with proof of service filed by Receiver David A Gill. Motion set for hearing on 10/4/2010 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
August 30, 2010 Filing 232 NOTICE of Entry of Order Granting Application of Receiver for Approval of Settlement Agreement Between Receiver and David Seror, re: Order on Ex Parte Application for Settlement #231 , filed by Receiver David A Gill. (Mikalian, Gilbert)
August 23, 2010 Opinion or Order Filing 231 ORDER by Judge Manuel L. Real granting #230 Application of Receiver for Approval of Application to Approve Settlement Agreement between Receiver and David Seror (esa)
August 16, 2010 Filing 230 EX PARTE APPLICATION for Settlement Approval of RECEIVER'S EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENT BETWEEN RECEIVER AND DAVID SEROR; DECLARATION OF GILBERT MIKALIAN WITH PROOF OF SERVICE filed by Receiver David A Gill.(Gill, David)
August 9, 2010 Opinion or Order Filing 229 ORDER by Judge Manuel L. Real: granting #228 APPLICATION OF RECEIVER FOR APPROVAL OF: (1) SALE OF 5807 WISH AVENUE IN ENCINO, CALIFORNIA, FREE ANDCLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF COSTS THROUGH ESCROW (pj)
August 4, 2010 Filing 228 EX PARTE APPLICATION for Order for Approve (1) Sale Of 5807 Wish Avenue In Encino, California, Free And Clear Of Liens, Claims And Encumbrances, And (2) Payment Of Costs Declarations Of David A. Gill And Gilbert Mikalian filed by Receiver David A Gill. (Attachments: #1 Proposed Order)(Schulman, George)
July 30, 2010 Filing 227 NOTICE OF FILING TRANSCRIPT filed for proceedings 5-3-10 11:00 a.m. (Montero, Bridget)
July 30, 2010 Filing 226 TRANSCRIPT for proceedings held on 5-3-10 11:00 a.m. Court Reporter/Electronic Court Recorder: Bridget Montero, phone number www.bridgetmontero.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter, www.bridgetmontero.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/20/2010. Redacted Transcript Deadline set for 8/30/2010. Release of Transcript Restriction set for 10/28/2010. (Montero, Bridget)
July 13, 2010 Opinion or Order Filing 224 ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN RECEIVER ANDWULFF TRUST by Judge Manuel L. Real: granting #223 Ex Parte Application for Settlement (pj)
July 12, 2010 Filing 225 MINUTES of Receiver's Motion #206 for clarification of order granting motion of Receiver to employ counsel held before Judge Manuel L. Real: The Court hears from counsel. The Court states on the record any clarification, if it wasneeded, of the order granting Receivers motion to employ counsel. Court Reporter: Sheri Kleeger. (im)
July 12, 2010 Filing 223 EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application to Approve Settlement Agreement Between Receiver and Wulff Trust; Declarations of David A. Gill and Gilbert Mikalian with Proof of Service filed by Receiver David A Gill.(Phelps, Kathy)
June 29, 2010 Opinion or Order Filing 222 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION FOR AUTHORITY TO EXCHANGE CERTAIN ASSETS FOR MEMBERSHIP INTERESTS IN A LIMITED LIABILITY COMPANY TO FACILITATE THE SALE OF FINISHED LOTS IN LINVILLE, NORTH CAROLINA by Judge Manuel L. Real: The Application is GRANTED in its entirety. The Receivership is hereby authorized to continue Diversified's 36.11% ownership interest of the Finished Lotts, as the term is defined in the Application, and up to $175,000 in cash to RDLG LLC, a North Carolina limited liability company, #213 Ex Parte Application for Order (bp)
June 29, 2010 Opinion or Order Filing 221 IT IS HEREBY ORDERED that: The Application is GRANTED in its entirety. The Receiver is authorized to invest funds of the receivership estate in excess of that insured by the Federal Deposit Insurance Corporation in United States of Treasury Bills and to cash in or renew the same from time to time as in his discretion appears necessary and appropriate by Judge Manuel L. Real: granting #215 Ex Parte Application to Invest Funds (bp)
June 29, 2010 Opinion or Order Filing 220 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Jacqueline H. Nguyen, for the reasons set forth on this order. Related Case No. CV 09-00483 JHN(RZx) (rn)
June 28, 2010 Filing 219 NOTICE of Entry of RULING, re: Order on Ex Parte Application for Settlement #217 , filed by Receiver David A Gill. (Schulman, George)
June 25, 2010 Opinion or Order Filing 217 ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN RECEIVER AND SHAWNA FRIEDMAN by Judge Manuel L. Real granting #212 Ex Parte Application for Settlement. (rs)
June 24, 2010 Opinion or Order Filing 218 ORDER GRANTING RECEIVER'S THIRD REQUEST FOR APPROVAL OF PROFESSIONAL FEES AND EXPENSES #197 by Judge Manuel L. Real. It is hereby ORDERED that: The Receiver's Request to pay the fees and expenses of himself and his professionals on an interim basis is granted to the extent specifically set forth in this Order. (Refer to attached document for details.) (lom)
June 24, 2010 Opinion or Order Filing 216 ORDER by Judge Manuel L. Real, re Third REQUEST for Attorney Fees Receiver's Third Request for Approval of Professional Fees and Expenses; Request for Judicial Notice #197 (pj)
June 24, 2010 Filing 215 EX PARTE APPLICATION to Invest Funds Declarations of David A. Gill and Patricia W. Morris with Proof of Service filed by Receiver David A Gill.(Gill, David)
June 23, 2010 Filing 214 DECLARATION in support of EX PARTE APPLICATION for Order for Receiver's Authority to Exchange Certain Assets for Membership Interest in a Limited Liability Company to Facilitate the Sale of Finished Lots in Linville, North Carolina; Declarations of Glenn Goldan, David A. #213 with Proof of Service filed by Receiver David A Gill. (Mikalian, Gilbert)
June 22, 2010 Filing 213 EX PARTE APPLICATION for Order for Receiver's Authority to Exchange Certain Assets for Membership Interest in a Limited Liability Company to Facilitate the Sale of Finished Lots in Linville, North Carolina; Declarations of Glenn Goldan, David A. Gill, and Gilbert Mikalian with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Receiver's Ex Parte Application for Authority to Exchange Assets -- Part 2)(Gill, David)
June 22, 2010 Filing 212 EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application To Approve Settlement Agreement Between Receiver and Shawna Friedman; Declarations of David A. Gill and Gilbert Mikalian with Proof of Service filed by Receiver David A Gill.(Schulman, George)
June 17, 2010 Filing 211 SUPPLEMENT to Third REQUEST for Attorney Fees Receiver's Third Request for Approval of Professional Fees and Expenses; Request for Judicial Notice #197 Supplemental Brief in Support of Receiver's Third Request for Approval of Professional Fees and Expenses, with Proof of Service filed by Receiver David A Gill. (Gill, David)
June 17, 2010 Filing 210 MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real: #206 COUNSEL ARE NOTIFIED that on the Court's own motion the: Receivers motion for clarification of order granting motion of Receiver to employ counsel is hereby ORDERED CONTINUED FROM JULY 6, 2010 AT 10:00 A.M. TO JULY 12, 2010 AT 10:00 A.M. Opposition papers remain due on JUNE 15, 2010, and the reply papers remain due on JUNE 22, 2010. The continuation of the hearing date DOES NOT move the due dates of those filings. (im)
June 11, 2010 Opinion or Order Filing 209 ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN RECEIVER AND JASON CAVALIER by Judge Manuel L. Real: granting #207 Ex Parte Application for Settlement (pj)
June 7, 2010 Filing 208 MINUTES:PROCEEDINGS: Receiver's Third Request for Approval of Professional Fees and Expenses #197 before Judge Manuel L. Real: The Court hears arguments of counsel. The Court GRANTS the request, in amounts and for reasons as stated on the record. Receiver shall prepare a proposed order. Court Reporter: Sheri Kleeger. (jp)
June 7, 2010 Filing 207 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Between Receiver and Jason Cavalier ; Declarations of David A. Gill and Kathy Bazoian Phelps, with Proof of Service filed by Receiver David A Gill.(Mikalian, Gilbert)
June 4, 2010 Filing 206 NOTICE OF MOTION AND MOTION to CLARIFY AND/OR AMEND ORDER GRANTING MOTION OF RECEIVER TO EMPLOY COUNSEL (SUSMAN GODFREY L.L.P. AND DANNING, GILL, DIAMOND & KOLLITZ, LLP), with Proof of Service Order #198 filed by Receiver David A Gill. Motion set for hearing on 7/6/2010 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
May 27, 2010 Opinion or Order Filing 205 ORDER APPROVING RECEIVER'S EX PARTE APPLICATION GRANT OF OPTION TO PURSCHASE REAL PROPERTY OF RECEIVER HELD JOINTLY WITH REPROP FINANCIAL MORTGAGE INVESTORS, LLC, TO LINVILLE FALLS GOLF GROUP, LLC by Judge Manuel L. Real: granting #204 Ex Parte Application for Order (bp)
May 25, 2010 Filing 204 EX PARTE APPLICATION for Order for RECEIVER'S EX PARTE APPLICATION TO APPROVE HIS GRANT OF OPTION TO PURCHASE AND TO SELL REAL PROPERTY OF RECEIVER HELD JOINTLY WITH REPROP FINANCIAL MORTGAGE INVESTORS, LLC, TO LINVILLE FALLS GOLF GROUP, LLC; DECLARATIONS OF GLENN GOLDAN, DAVID A. GILL, AND GILBERT MIKALIAN WITH PROOF OF SERVICE filed by Receiver David A Gill. (Attachments: #1 Part 2)(Mikalian, Gilbert)
May 19, 2010 Opinion or Order Filing 203 ORDER APPROVING SETTLEMENT AGREEMENT BETWEEN RECEIVER AND JEFFREY A. APPEL by Judge Manuel L. Real: 1. The Application is GRANTED in its entirety.2. The terms and conditions set forth in the Settlement Agreement betweenReceiver and Jeffrey A. Appel, attached as Exhibit "1" to the Declaration of David A. Gill in support of the Application, is hereby approved.3. The Receiver is hereby authorized to execute all documents andotherwise take all actions the Receiver deems necessary and appropriate to effectuatethe settlement.4. The form and manner of notice of the Application provided by theReceiver is appropriate. #202 (pj)
May 18, 2010 Filing 202 EX PARTE APPLICATION for Settlement Approval of Receiver's Ex Parte Application to Approve Settlement Agreement Between Receiver and Jeffrey A. Appel; Declarations of David A. Gill and Kathy Bazoian Phelps with Proof of Service filed by Receiver David A Gill.(Phelps, Kathy)
May 11, 2010 Filing 201 STATEMENT of re Receiver's Third Request for Approval of Professional Fees and Expenses Third REQUEST for Attorney Fees Receiver's Third Request for Approval of Professional Fees and Expenses; Request for Judicial Notice #197 filed by Plaintiff Securities and Exchange Commission. (McCoy, John)
May 10, 2010 Opinion or Order Filing 200 ORDER GRANTING APPLICATION OF RECEIVER FO APPROVAL OF: (1) SALE OF 8102 WILLOUGHBY AVENUE INLOS ANGELES,CALIFORNIA FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF COSTS THROUGH ESCROW by Judge Manuel L. Real: #193 (pj)
May 10, 2010 Opinion or Order Filing 199 ORDER GRANTING APPLICATION OF RECEIVER FOR APPROVAL OF (1) SALE OF 127 N. MOUNTAIN AVENUE IN MONTCLAIR, NEW JERSEY, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF COSTS THROUGH ESCROW by Judge Manuel L. Real: #194 (pj)
May 10, 2010 Opinion or Order Filing 198 ORDER GRANTING MOTION OF RECEIVER TO EMPLOY COUNSEL (SUSMAN GODFREY L.L.P. AND DANNING, GILL, DIAMOND & KOLLITZ, LLP) by Judge Manuel L. Real, re #187 (pj)
May 7, 2010 Filing 197 Third REQUEST for Attorney Fees Receiver's Third Request for Approval of Professional Fees and Expenses; Request for Judicial Notice filed by Receiver David A Gill. Request set for hearing on 6/7/2010 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
May 6, 2010 Opinion or Order Filing 196 ORDER by Judge Manuel L. Real, IT IS HEREBY ORDERED THAT: 1. The Receivers Request to establish procedures for the noticing andpayment of future fees and expenses of the Receiver and his professionals on aninterim basis is denied.2. The Receivers Request to pay the fees and expenses of hisprofessionals on an interim basis is denied without prejudice and may be re-filed inthe ordinary course. (pj)
May 4, 2010 Filing 194 EX PARTE APPLICATION for Order for RECEIVER'S EX PARTE APPLICATION TO APPROVE (1) SALE OF 127 N. MOUNTAIN AVENUE IN MONTCLAIR, NEW JERSEY, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES, AND (2) PAYMENT OF COSTS; DECLARATIONS OF DAVID A. GILL AND KATHY BAZOIAN PHELPS WITH PROOF OF SERVICE filed by RECEIVER David A Gill. (Attachments: #1 Part 2)(Phelps, Kathy)
May 4, 2010 Filing 193 EX PARTE APPLICATION for Order for RECEIVER'S EX PARTE APPLICATION TO APPROVE (1) SALE OF 8102 WILLOUGHBY AVENUE IN LOS ANGELES, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES, AND (2) PAYMENT OF COSTS; DECLARATIONS OF DAVID A. GILL AND KATHY BAZOIAN PHELPS WITH PROOF OF SERVICE filed by RECEIVER David A Gill.(Phelps, Kathy)
May 3, 2010 Filing 195 MINUTES OF 1) Receiver's 2nd Request for approval of professional fees and expenses; and Request for approval of procedures for future fee applications (fld 4-2-10)2) Receiver's motion to employ counsel (fld 4-2-10) #186 [187; Motion Hearing held before Judge Manuel L. Real: The parties submit on their papers as filed.The Court DENIES item # 1 as listed above, and GRANTSitem # 2 as listed above.Counsel for Receiver shall submit proposed orders.Court Reporter: Bridget Montero. (pj)
April 13, 2010 Filing 192 NOTICE OF NON-OPPOSITION to MOTION for Appointment of Counsel Receiver's Motion to Employ Counsel (Susman Godfrey L.L.P. and Danning, Gill, Diamond & Kollitz, LLP); Declarations of David A. Gill and Marc M. Seltzer in Support Thereof MOTION for Appointment of Counsel Receiver's Motion to Employ Counsel (Susman Godfrey L.L.P. and Danning, Gill, Diamond & Kollitz, LLP); Declarations of David A. Gill and Marc M. Seltzer in Support Thereof #187 filed by Plaintiff Securities and Exchange Commission. (McCoy, John)
April 13, 2010 Filing 191 STATEMENT re Receiver's Second Request for Approval of Procedures for Future Fee Applications filed by Plaintiff Securities and Exchange Commission (McCoy, John)
April 13, 2010 Filing 190 REPLY filed by Plaintiff Securities and Exchange Commission to Response (non-motion) #189 of Defendant Bruce Friedman to Receiver's Third Report (McCoy, John)
April 6, 2010 Filing 189 RESPONSE filed by Defendant Bruce Friedmanto Report #185 to Receiver's Third Report; Declaration of Bruce Friedman (Drooyan, Richard)
April 5, 2010 Filing 188 Amendment to MOTION for Appointment of Counsel Receiver's Motion to Employ Counsel (Susman Godfrey L.L.P. and Danning, Gill, Diamond & Kollitz, LLP); Declarations of David A. Gill and Marc M. Seltzer in Support Thereof MOTION for Appointment of Counsel Receiver's Motion to Employ Counsel (Susman Godfrey L.L.P. and Danning, Gill, Diamond & Kollitz, LLP); Declarations of David A. Gill and Marc M. Seltzer in Support Thereof #187 Amended Motion of Receiver to Employ Counsel (Susman Godfrey L.L.P. and Danning, Gill, Diamond & Kollitz, LLP) filed by Receiver David A Gill. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3 with Proof of Service)(Gill, David)
April 2, 2010 Filing 187 NOTICE OF MOTION AND MOTION for Appointment of Counsel Receiver's Motion to Employ Counsel (Susman Godfrey L.L.P. and Danning, Gill, Diamond & Kollitz, LLP); Declarations of David A. Gill and Marc M. Seltzer in Support Thereof filed by Receiver David A Gill. Motion set for hearing on 5/3/2010 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3 with Proof of Service)(Gill, David)
April 2, 2010 Filing 186 Second APPLICATION for Attorney Fees Receiver's: 1) Second Request for Approval of Professional Fees and Expenses; and 2) Request for Approval of Procedures for Future Fee Applications; Declarations of David A. Gill; Kathy Bazoian Phelps; David W. Callaghan; Jack Zakim; Peter N. Carlino; G. Kirkland Hardymon; Christian J. Limon; and Thomas Renda with Proof of Service filed by Receiver David A Gill. Application set for hearing on 5/3/2010 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Part 2-Receiver's Second Request for Approval of Professional Fees and Expenes and Request for Approval of Procedures for Future Fees, #2 Part 3-Receiver's Second Request for Approval of Professional Fees and Expenes and Request for Approval of Procedures for Future Fees, #3 Exhibit Ex 1- Part 1, #4 Exhibit Ex 1 - Part 2, #5 Exhibit Ex 1 - Part 3, #6 Exhibit Ex 1 - Part 4, #7 Exhibit Ex 2 - Part 1, #8 Exhibit Ex 2 - Part 2, #9 Exhibit Ex 3, #10 Exhibit Ex 4, #11 Exhibit Ex 5 - Part 1, #12 Exhibit Ex 5 - Part 2, #13 Exhibit Ex 5 - Part 3, #14 Exhibit Ex 5 - Part 4, #15 Exhibit Ex 5 - Part 5, #16 Exhibit Ex 5 - Part 6, #17 Exhibit Ex 5 - Part 7, #18 Exhibit Ex 5 - Part 8, #19 Exhibit Ex 5 - Part 9, #20 Exhibit Ex 5 - Part 10, #21 Exhibit Ex 6, #22 Exhibit Ex 7, #23 Exhibit Ex 8, #24 Exhibit Ex 9 - Part 1, #25 Exhibit Ex 9 - Part 2, #26 Exhibit Ex 9 - Part 3, #27 Exhibit Ex 10, #28 Exhibit Ex 11, #29 Exhibit Ex 12, #30 Exhibit Ex 13 - Part 1, #31 Exhibit Ex 13 - Part 2, #32 Exhibit Ex 14, #33 Exhibit Ex 15, #34 Exhibit Ex 16)(Gill, David)
March 26, 2010 Filing 185 INTERIM REPORT of RECEIVER'S THIRD REPORT filed by Receiver David A Gill. (Gill, David)
March 17, 2010 Opinion or Order Filing 184 ORDER RE RECEIVER'S EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENT WITH MARK FRIEDMAN AND FRIEDMAN & MACFADYEN P.A. by Judge Manuel L. Real: #181 : The Application is GRANTED in its entirety. (pj)
March 16, 2010 Opinion or Order Filing 183 ORDER by Judge Manuel L. Real, re Stipulation to Dismiss Party #182 ,IT IS ORDERED that the plaintiff Securities and Exchange Commissionsclaim against relief defendant Tina M. Placourakis is dismissed with prejudice.IT IS FURTHER ORDERED that Tina M. Placourakis is hereby releasedfrom any obligations under this Courts March 10, 2009 Preliminary Injunction inthis action, and the asset freeze provisions of that Preliminary Injunction shall no longer be applicable to assets held in the name of, or for the benefit of, Tina M. Placourakis. Tina M. Placourakis terminated. (pj)
March 15, 2010 Filing 182 STIPULATION to Dismiss Relief Defendant Tina M. Placourakis filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(McCoy, John)
March 10, 2010 Filing 181 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement with Mark Friedman and Friedman & MacFadyen P.A.; Declarations of David A. Gill and Kathy Bazoian Phelps, with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Exhibit Part 2, pp 36-70, #2 Exhibit Part 3, pp 71-96 and POS)(Phelps, Kathy)
March 8, 2010 Filing 180 NOTICE of Entry of Ruling, re: Order on Ex Parte Application for Settlement,, #179 , filed by Receiver David A Gill. (Schulman, George)
March 8, 2010 Opinion or Order Filing 179 ORDER RE EX PARTEAPPLICATION TO APPROVESETTLEMENT AGREEMENTBETWEEN RECEIVER ANDKEVIN M. KELLER by Judge Manuel L. Real: 1. The Application is GRANTED in its entirety.2. The terms and conditions set forth in the Settlement AgreementBetween Receiver and Kevin M. Keller, attached as Exhibit "1" to the Declaration of David A. Gill in support of the Application is hereby approved. 3. The Receiver is hereby authorized to execute all documents and otherwise take all actions the Receiver deems necessary and appropriate to effectuate the settlement. 4. The form and manner of notice of the Application provided by theReceiver is appropriate. #177 (pj)
March 8, 2010 Filing 178 Notice of Withdrawal of Motion to Compel, #168 filed by Receiver David A Gill. (Phelps, Kathy)
March 4, 2010 Filing 177 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Between Receiver and Kevin M. Keller; Declarations of David A. Gill and George E. Schulman with Proof of Service filed by Receiver David A Gill.(Schulman, George)
March 1, 2010 Filing 176 MEMORANDUM in Opposition to MOTION to Compel Jackson National to Produce Documents ; Joint Statement Filed In Support Thereof with Proof of Service #168 filed by Defendant Diversified Lending Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Epling, Stella)
February 24, 2010 Opinion or Order Filing 175 ORDER GRANTINGRECEIVERS EX PARTE APPLICATION TO APPROVESETTLEMENT AGREEMENTSBETWEEN RECEIVER ANDMICHAEL RUSSON ANDBETWEEN RECEIVER ANDVENILLE R. RUSSON ANDMYRA J. RUSSON INTER VIVOSTRUST AGREEMENT DATED2-16-82 by Judge Manuel L. Real: granting #173 Ex Parte Application for Settlement (pj)
February 24, 2010 Filing 174 PROOF OF SERVICE filed by Receiver David A Gill, Notice of Claims Bar Date and Procedure for Filing Claims; and, Claim Form served on 02-17-10 and 02-19-10. (Attachments: #1 Pt 2 of 02-17-09 Mailing, #2 Pt 1 of 02-19-09 Mailing)(Phelps, Kathy)
February 19, 2010 Filing 173 EX PARTE APPLICATION for Settlement Approval of SETTLEMENT AGREEMENTS BETWEEN RECEIVER AND MICHAEL RUSSON AND BETWEEN RECEIVER AND VENILLE R. RUSSON AND MYRA J. RUSSON INTER VIVOS TRUST AGREEMENT DATED 2-16-82 filed by Receiver David A Gill.(Phelps, Kathy)
February 18, 2010 Opinion or Order Filing 172 ORDER RE EX PARTE APPLICATION TO APPROVE SETTLEMENT AGREEMENT BETWEEN RECEIVER AND ROBERT FIELDS by Judge Manuel L. Real: The Application is GRANTED in its entirety #171 Ex Parte Application for Settlement (bp)
February 16, 2010 Filing 171 EX PARTE APPLICATION for Settlement Approval of Settlement Agreement Between Receiver and Robert Fields; Delcarations of David A. Gill and Kathy Bazoian Phelps with Proof of Service filed by Receiver David A Gill.(Phelps, Kathy)
February 11, 2010 Opinion or Order Filing 170 ORDER by Judge Manuel L. Real Re: #164 Ex Parte Application for Order Re Claims Administration Procedure and Claims Bar Date. IT IS HEREBY ORDERED: 1. The Receiver is authorized to retain Omni Management Group, LLC, as the authorized Claim Agent, with the duties and on the terms set forth in the Ex Parte Application. 2. All claims against the receivership estate shall be filed in writing with Omni Management Group, LLC. 3. The last day for claimants to file a claim against the receivership estate (the Claims Bar Date) is fixed as June 1, 2010. 4. The form and substance of the Notice of Claims Bar Date and Procedure for Filing Claims provided by the Receiver is appropriate. 5. On or before October 1, 2010 the Receiver shall file appropriate proceedings in this court to object to claims and/or to establish a procedure for resolution of claims disputes. (mg)
February 8, 2010 Filing 169 MINUTES (IN CHAMBERS) by Judge Manuel L. Real: Counsel are notified that on the Court's own motion, the Receiver's MOTION to Compel Jackson National to Produce Documents #168 is hereby Ordered continued to 3/15/2010 at 10:00 AM before Judge Manuel L. Real. Pursuant to revised Local Rules 6 and 6-1, a notice of motion shall be filed with the Clerk not later than 28 days before the date set for hearing, excluding the day of the act, event or default that begins the period. The motion as filed did not comply with these rules, and therefore is continued to Judge Real's next listed date for hearing of motions. (mg)
February 5, 2010 Filing 168 NOTICE OF MOTION AND MOTION to Compel Jackson National to Produce Documents ; Joint Statement Filed In Support Thereof with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 3/1/2010 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Appendix Part 2 of 3, #2 Appendix Part 3 of 3)(Phelps, Kathy)
February 4, 2010 Filing 167 DECLARATION of David A. Gill, Receiver In Support Of EX PARTE APPLICATION for Order for To Establish Claims Administration Procedure And To Set Claims Bar Date; Memorandum Of Points And Authorities; Declarations Of David A. Gill And Kathy Bazoian Phelps with Proof of Service #164 with Proof of Service filed by Receiver David A Gill. (Gill, David)
January 26, 2010 Filing 166 DENYING WITHOUT PREJUDICE by Judge Manuel L. Real: #165 Ex Parte Application of Receiver for approval of contingency fee arrangement with Danning, Gill, Diamond & Kollitz LLp for certain Litigation; and 2 Order establishing procedure for interim compensation and reimbursement of fees and expenses (pj)
January 14, 2010 Filing 165 EX PARTE APPLICATION for Order for (1) Approval Of Contingency Fee Arrangement With Danning, Gill, Diamond & Kollitz, LLP For Certain Litigation; And (2) Order Establishing Procedure For Interim Compensation And Reimbursement Of Fees And Expenses; Memorandum Of Points And Authorities; Declaration Of Kathy Bazoian Phelps with Proof of Service filed by Receiver David A Gill.(Gill, David)
January 14, 2010 Filing 164 EX PARTE APPLICATION for Order for To Establish Claims Administration Procedure And To Set Claims Bar Date; Memorandum Of Points And Authorities; Declarations Of David A. Gill And Kathy Bazoian Phelps with Proof of Service filed by Receiver David A Gill.(Phelps, Kathy)
December 10, 2009 Filing 162 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Reassignment of Case Due to Unavailablility of Judicial Officer (G-74) (MJ), #109 the Case has been reassigned from Magistrate Judge John E. McDermott to Magistrate Judge Suzanne H. Segal for all further proceedings. The case will now reflect the initials of the transferee Judge CV 09-01533 R (SSx). (rn)
December 9, 2009 Opinion or Order Filing 161 ORDER (1) Approving Agreement to Assign (Sell) Membership Unites in 55 Edgemere Avenue, LLC and (2) for Authority to Sell Interest Free and Clear of Liens, Claims, and Encumbrances #151 by Judge Manuel L. Real. See order for details. (csi)
December 9, 2009 Opinion or Order Filing 160 ORDER Granting Receiver's First Account and Request for Approval of Professional Fees and Expenses #91 by Judge Manuel L. Real. See order for details. (csi)
December 9, 2009 Opinion or Order Filing 159 ORDER Granting Motion of Receiver for Authority to Employ and Pay Bryan, Gonzalez Vargas & Gonzales Baz, S.C. #140 by Judge Manuel L. Real. See order for details. (csi)
December 7, 2009 Filing 163 MINUTES OF Motion Hearing Receiver's motion (1) to approve agreement to assign (sell) membership units in 55 Edgemere Ave;& (2) for authority to sell interest free and clear of liens, claims, & encumbrances (fld 11-13-09) held before Judge Manuel L. Real:There was no opposition to the motion, and the CourtGRANTS the motion.Receiver shall submit a proposed order.Court Reporter: Margaret Babykin. (pj)
November 19, 2009 Opinion or Order Filing 157 ORDER by Judge Manuel L. Real Finding Kraig S. Ivie, Sean P. Fitzgerald, Esq. and Heather A. Bell Not to be in Contempt of the Court's Prior Order of March 30, 2009 #117 , #120 . (mg)
November 18, 2009 Filing 156 NOTICE OF LODGING filed re Order on Ex Parte Application for Order to Show Cause,,,, #120 (Attachments: #1 Proposed Order Of Finding Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. Not To Be In Contempt Of The Court's Prior Order Of March 30, 2009)(Peterson, Matthew)
November 18, 2009 Opinion or Order Filing 153 ORDER GRANTING RECEIVERS MOTION TO APPROVE AGREEMENT BETWEEN RECEIVER ANDROCKDOC, LLC by Judge Manuel L. Real: #138 (pj)
November 17, 2009 Opinion or Order Filing 155 ORDER GRANTING RECEIVERS MOTION: (1) TO APPROVE SALE ANDSETTLEMENT AGREEMENT BETWEEN RECEIVER AND FRANK WEISZ; (2) FOR AUTHORITY TO SELL INTEREST FREE AND CLEAR OF LIENS, CLAIMS, AND ENCUMBRANCES by Judge Manuel L. Real: #134 (pj)
November 17, 2009 Opinion or Order Filing 154 ORDER GRANTING RECEIVERS MOTION TO APPROVE AGREEMENT BETWEEN RECEIVER AND KIDFRESH, LLC by Judge Manuel L. Real: #136 er (pj)
November 17, 2009 Filing 152 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed order is not attached. See GO 08-02 regarding electronically filing proposed documents. #151 . 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. (ake)
November 16, 2009 Filing 158 MINUTES OF 1) Receiver's motion to approve sale and settlement agreement between Receiver and Frank Weisz;and for authority to sell interest free and clear of liens, claims, and encumbrances (fld 10-23-09)2) Receiver's motion to approve agreement between Receiver and Kidfresh LLC (fld 10-23-09)3) Receiver's motion to approve agreement between Receiver and Rockdoc LLC (fld 10-23-09)4) Receiver's motion for authority to employ & pay Bryan Gonzalez Vargas & Gonzalez Baz S.C. asspecial Mexican counsel (fld 10-23-09)5) ORDER TO SHOW CAUSE why Kraig Ivie, Sean Fitzgerald & Heather Bell shall not be held incontempt and assessed sanctions for failure to obey order entered March 30, 2009 (fld 10-6-09)6) Hearing re Receiver's Request for Judicial Notice and First Account and Request for Approval ofProfessional Fees and Expenses (fld 8-27-09) #91 93 94 #140 before Judge Manuel L. Real: The Court hears arguments of counsel. The Court GRANTS items # 1, # 2, and # 3 as listed above. The Court takes items # 4 and # 6 as listed above Under Submission. The Court, in item # 5, finds Ivie, Fitzgerald and Bell not in contempt. Parties shall submit proposed orders. Court Reporter: Bridget Montero. (pj)
November 13, 2009 Filing 151 NOTICE OF MOTION AND MOTION for Order for (1) To Approve Agreement To Assign (Sell) Membership Units in 55 Edgemere Avenue, LLC; and (2) For Authority to Sell Interest Free and Clear of Liens, Claims, and Encumbrances; Declaration of David A. Gill; Request for Judicial Notice with Proof of Service filed by Plaintiff David A Gill. Motion set for hearing on 12/7/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Ntc of Mot and Mot -- Part 2, #2 Ntc of Mot and Mot -- Part 3, #3 Ntc of Mot and Mot -- Part 4, #4 Ntc of Mot and Mot -- Part 5)(Phelps, Kathy)
November 5, 2009 Filing 150 NOTICE OF PROPOSED EMPLOYMENT OF MILES & STOCKBRIDGE P.C. AS SPECIAL MARYLAND COUNSEL WITH PROOF OF SERVICE filed by RECEIVER David A Gill. (Gill, David)
November 3, 2009 Filing 149 STATEMENT re Receiver's First Interim Fee Application filed by Plaintiff Securities and Exchange Commission (McCoy, John)
November 2, 2009 Opinion or Order Filing 148 ORDER by Judge Manuel L. Real: granting #147 Application to Appear Pro Hac Vice by Attorney Sean P. Fitzgerald on behalf of Claimants Kraig S Ivie, Sean Fitzgerald, Heather A Bell, designating Charles E. Patterson as local counsel. (lom)
October 30, 2009 Filing 147 APPLICATION for attorney Sean P. Fitzgerald to Appear Pro Hac Vice, (PHV FEE Paid 10/30/09.) filed by Claimant Kraig S Ivie, Sean Fitzgerald, Heather A Bell. (lom)
October 28, 2009 Filing 146 PROOF OF SERVICE filed by Receiver David A Gill, re Minutes of In Chambers Order/Directive - no proceeding held, Set Motion and R&R Deadlines, Set Deadlines/Hearings,,, #145 served on October 27, 2009, and/or October 28, 2009. (Schulman, George)
October 27, 2009 Filing 145 MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real: COUNSEL ARE NOTIFIED that on the Court's own motion the: Order to Show Cause why K. Ivie, S. Fitzgerald & H. Bell shall not be held in contempt and assessed sanctions for failure to obey 3-30-09 Order is hereby ORDERED CONTINUED FROM NOV. 9, 2009 AT 11:00 A.M. TO NOV. 16, 2009 AT 11:00 A.M. Plaintiffs counsel are Ordered to serve a copy of this Minute Order on counsel for Ivie, Fitzgerald and Bell. #117 #120 (ake)
October 27, 2009 Filing 144 SUPPLEMENT to EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Supplemental Proof of Service (1) Receivers Reply To Response To OSC Why Kraig S. Ivie, et al., Should Not Be Held In Contempt And Assessed Sanctions For Failure To Obey Order Entered March 31, 2009; and (2) Request For Judicial Notice In Support Of Receivers Reply To Response To OSC Why Kraig S. Ivie, et al., Should Not Be Held In Contempt And Assessed Sanctions For Failure To Obey Order Entered March 31, 2009 filed by Receiver David A Gill. (Schulman, George)
October 26, 2009 Filing 143 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Request For Judicial Notice In Support Of Receivers Reply To Response To Order To Show Cause Why Kraig S. Ivie, Sean P. Fitzgerald, Esq., And Heather A. Bell, Esq., Should Not Be Held In Contempt And Assessed Sanctions For Failure To Obey Order Entered March 31, 2009 filed by Receiver David A Gill. (Schulman, George)
October 26, 2009 Filing 142 REPLY Reply to Response EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Receivers Reply To Response To Order To Show Cause Why Kraig S. Ivie, Sean P. Fitzgerald, Esq., And Heather A. Bell, Esq., Should Not Be Held In Contempt And Assessed Sanctions For Failure To Obey Order Entered March 31, 2009 filed by Receiver David A Gill. (Schulman, George)
October 23, 2009 Filing 141 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for Authority to Employ and Pay Bryan, Gonzalez, Vargas & Gonzalez Baz, S.C. as Special Mexican Counsel; Memorandum of Points and Authorities; and Declaration of David A. Gill in Support Thereof with Proof of Service #140 with Proof of Service filed by Receiver David A Gill. (Gill, David)
October 23, 2009 Filing 140 NOTICE OF MOTION AND MOTION for Order for Authority to Employ and Pay Bryan, Gonzalez, Vargas & Gonzalez Baz, S.C. as Special Mexican Counsel; Memorandum of Points and Authorities; and Declaration of David A. Gill in Support Thereof with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 11/16/2009 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
October 23, 2009 Filing 139 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for (1) to Approve Agreement Between Receiver and RockDoc, LLC; Declaration of David A. Gill with Proof of Service MOTION for Order for (1) to Approve Agreement Between Receiver and RockDoc, LLC; Declaration of David A. Gill with Proof of Service #138 with Proof of Service filed by Receiver David A Gill. (Phelps, Kathy)
October 23, 2009 Filing 138 NOTICE OF MOTION AND MOTION for Order for (1) to Approve Agreement Between Receiver and RockDoc, LLC; Declaration of David A. Gill with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 11/16/2009 at 10:00 AM before Judge Manuel L. Real. (Phelps, Kathy)
October 23, 2009 Filing 137 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for (1) to Approve Agreement Between Receiver and Kidfresh, LLC; Declaration of David A. Gill with Proof of Service MOTION for Order for (1) to Approve Agreement Between Receiver and Kidfresh, LLC; Declaration of David A. Gill with Proof of Service #136 with Proof of Service filed by Receiver David A Gill. (Phelps, Kathy)
October 23, 2009 Filing 136 NOTICE OF MOTION AND MOTION for Order for (1) to Approve Agreement Between Receiver and Kidfresh, LLC; Declaration of David A. Gill with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 11/16/2009 at 10:00 AM before Judge Manuel L. Real. (Phelps, Kathy)
October 23, 2009 Filing 135 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for (1) to Approve Sale and Settlement Agreement Between Receiver and Frank Weisz (2) for Authority to Sell Interest Free and Clear of Liens, Claims, and Encumbrances ; Declarations of David A. Gill and David Callaghan with Proof o MOTION for Order for (1) to Approve Sale and Settlement Agreement Between Receiver and Frank Weisz (2) for Authority to Sell Interest Free and Clear of Liens, Claims, and Encumbrances ; Declarations of David A. Gill and David Callaghan with Proof o #134 with Proof of Service filed by Receiver David A Gill. (Phelps, Kathy)
October 23, 2009 Filing 134 NOTICE OF MOTION AND MOTION for Order for (1) to Approve Sale and Settlement Agreement Between Receiver and Frank Weisz (2) for Authority to Sell Interest Free and Clear of Liens, Claims, and Encumbrances ; Declarations of David A. Gill and David Callaghan with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 11/16/2009 at 10:00 AM before Judge Manuel L. Real. (Phelps, Kathy)
October 22, 2009 Filing 132 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Sean P Fitzgerald for Claimants Kraig S Ivie, Sean Fitzgerald, Heather A Bell. (Attachments: #1 G-64) (mg)
October 21, 2009 Opinion or Order Filing 133 STIPULATION AND ORDER by Judge Manuel L. Real Excusing Heather A. Bell from appearing for hearing regarding Order to Show Cause Why Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. Should Not be Held in Contempt and Assessed Sanctions for Failure to Obey Order, to be held 11/9/09 at 11:00 a.m., but her counsel shall appear. (mg)
October 21, 2009 Filing 128 PROOF OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Order to Show Cause,,,, #120 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #118 , Request for Judicial Notice, Request for Relief,,,, #119 , EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Proof of Service served on October 7, 2009. (Schulman, George)
October 21, 2009 Filing 127 PROOF OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Order to Show Cause,,,, #120 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #118 , Request for Judicial Notice, Request for Relief,,,, #119 , EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Proof of Service served on October 7, 2009. (Schulman, George)
October 21, 2009 Filing 126 PROOF OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Order to Show Cause,,,, #120 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #118 , Request for Judicial Notice, Request for Relief,,,, #119 , EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Proof of Service served on October 7, 2009. (Schulman, George)
October 21, 2009 Filing 125 OF SERVICE filed by Receiver David A Gill, re Order on Ex Parte Application for Order to Show Cause,,,, #120 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #118 , Request for Judicial Notice, Request for Relief,,,, #119 , EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 Proof of Service served on October 7, 2009. (Schulman, George)
October 19, 2009 Filing 131 DECLARATION of Sean P. Fitzgerald in Support of Response and Brief in Opposition to Receiver's EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 filed by Claimants Kraig S Ivie, Sean Fitzgerald, Heather A Bell. (mg)
October 19, 2009 Filing 130 DECLARATION of Heather A Bell in Support of Response and Brief in Opposition to Receiver's EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 , filed by Claimants Kraig S Ivie, Sean Fitzgerald, Heather A Bell. (mg)
October 19, 2009 Filing 129 RESPONSE AND BRIEF IN OPPOSITION to Receiver's EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 . (mg) (Additional attachment(s) added on 10/22/2009: #1 Part 2, #2 Part 3) (mg).
October 9, 2009 Opinion or Order Filing 124 NOTICE OF DISCREPANCY AND ORDER: by Judge Manuel L. Real, ORDERING Letter received on 10/08/09 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.11: No letters allowed written to Judge/ as nonparties - contact Plaintiff SEC Attorneys / Magistrate Judges are only assigned to hear discovery matters if they are referred to them by the District Judge; however, Judge Real does not refer his discovery matters. (ake)
October 9, 2009 Opinion or Order Filing 123 ORDER by Judge Manuel L. Real, re MOTION for Settlement Approval of Agreement Between Receiver and Distinctive Projects Company (Brown Field); #100 . 1. The Motion is approved. 2. The Agreement Between the Receiver and Distinctive ProjectsCompany, Inc., a copy of which is attached to the Motion (the Agreement) isapproved in its entirety. 3. The Receiver is authorized to take all actions and execute all documents necessary to consummate the terms of the Agreement. #(pj)
October 6, 2009 Opinion or Order Filing 122 ORDER GRANTING RECEIVERS MOTION TO APPROVE SETTLEMENT AGREEMENT BETWEEN RECEIVER, DIANE DUBOIS KOVATS, KEVIN McCONNELL AND SUSANNE ZUGSMITH INDIVIDUALLY AND ASTRUSTEES OF KEVIN W. McCONNELL AND SUSANNE ZUGSMITH FAMILY TRUST by Judge Manuel L. Real, #96 . IT IS HEREBY ORDERED THAT: 1. The Motion is approved. 2. The Settlement Agreement Between the Receiver and Diane DuBoisKovats, Kevin W. McConnell and Susanne Zugsmith, as Trustees of the Kevin W. McConnell and Susanne Zugsmith Family Trust dated August 18, 2006 (the Settlement Agreement) is approved in its entirety. 3. The Receiver is authorized to take all actions and execute all documents necessary to consummate the terms of the Settlement Agreement (pj)
October 6, 2009 Opinion or Order Filing 120 ORDER TO SHOW CAUSE WHY KRAIG S. IVIE, SEAN P. FITZGERALD, ESQ., AND HEATHER A. BELL, ESQ., SHOULD NOT BE HELD IN CONTEMPT AND ASSESSED SANCTIONS FOR FAILURE TO OBEY ORDER ENTERED MARCH 30, 2009 by Judge Manuel L. Real: IT IS ORDERED that:1. The Application is granted.2. Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. (theIvie Parties), shall appear on November 9, 2009 at 11:00 a,.m. in Courtroom 8of the United States District Court, 312 North Spring Street, Los Angeles, California and show cause, if any, why the Ivie Parties should not be held in civil contempt and assessed sanctions for alleged contemptuous conduct consisting of the Ivie Partiesfailure to obey an Order of this Court dated March 30, 2009.3. The deadline for the Ivie Parties to file a response to this Order to ShowCause is October 19, 2009.4. The deadline for the Receiver to file a reply to any response filed by theIvie Parties, to the extent there is any, with respect to this Order to Show Cause isOctober 26, 2009. #117 (pj)
October 5, 2009 Filing 121 MINUTES OF Receivers motion to approve agreement between Receiver and Distinctive Projects Co Inc(fld 9-14-09) #100 held before Judge Manuel L. Real:There are no objectors present.The Court GRANTS the motion; Receiver shall submit aproposed order.Court Reporter: Sheri Kleeger. (pj)
October 5, 2009 Filing 119 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Request for Judicial Notice in Support of Receiver's Ex Parte App -- Pt. 2, #2 Request for Judicial Notice in Support of Receiver's Ex Parte App -- Pt. 3, #3 Request for Judicial Notice in Support of Receiver's Ex Parte App -- Pt. 4)(Schulman, George)
October 5, 2009 Filing 118 DECLARATION of George E. Schulman In Support of Receiver's Ex Parte Application for Order to Show Cause Re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. To Be Held in Contempt of Prior Court Order Entered March 30, 2009 EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. #117 with Proof of Service filed by Receiver David A Gill. (Schulman, George)
October 5, 2009 Filing 117 EX PARTE APPLICATION for Order to Show Cause re: Contempt of Prior Court Order Entered March 30, 2009 re Kraig S. Ivie, Sean P. Fitzgerald, Esq., and Heather A. Bell, Esq. filed by Receiver David A Gill.(Schulman, George)
September 29, 2009 Opinion or Order Filing 115 NOTICE OF DISCREPANCY AND ORDER by Judge Manuel L. Real, ORDERING Peitioner's Brief submitted by Ziegler received on 9/28/2009 is not to be filed but instead rejected. Denial based on: Document submitted by non-part to this action. (jp)
September 29, 2009 Filing 114 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Missing Main PDF Attachments RE: APPLICATION for Hearing Notice Of Receivers Account And Request For Approval Of Professional Fees And Expenses 94 . 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. (pj)
September 29, 2009 Filing 113 NOTICE Notice of Document Production Subpoenas with Proof of Service filed by Receiver David A Gill. (Attachments: #1 Notice of Document Production Subpoenas -- Pt. 2)(Phelps, Kathy)
September 28, 2009 Filing 116 MINUTES OF Motion Hearing held before Judge Manuel L. Real granting #96 Motion for Settlement. Receiver to submit a proposed order. Receiver's Request for Approval of Professional Fees and Expenses is set for hearing on 11/16/2009 at 10:00 AM before Judge Manuel L. Real. Court Reporter: Sheri Kleeger. (rj)
September 23, 2009 Filing 111 NOTICE OF NON-OPPOSITION to First APPLICATION for Attorney Fees Receivers First Account And Request For Approval Of Professional Fees And Expenses; Declarations Of David A. Gill; Kathy Bazoian Phelps; David W. Callaghan; Jack Zakim; Stephen L. Raucher; Peter N. Carlino; And G. #91 filed by Plaintiff Securities and Exchange Commission. (McCoy, John)
September 22, 2009 Filing 109 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 John E. McDermott for any discovery and/or post-judgment matters that may be referred.. Case number will now read CV 09-01533 R (JEMx). (rn)
September 21, 2009 Filing 112 DECLARATION of DIANE DUBOIS KOVATS in support of the Receiver's reply to the objection of Dean E Ziegler and Betty L Zeigler to the Receiver's settlement with Dubois #96 filed by Interested Party Diane Dubois Kovats. (pj)
September 21, 2009 Opinion or Order Filing 110 NOTICE OF DISCREPANCY AND ORDER by Judge Manuel L. Real, ORDERING the Zieglers' Motion for Production of Documents, submitted by Objectors Dean E. Ziegler and Betty L. Ziegler, and received on 9/4/2009, is not to be filed but instead rejected. Denial based on: L.R. 6.1, and because the Zieglers are non-parties to the action; any such motion in this matter must be filed by plaintiff, SEC. (rj)
September 21, 2009 Filing 108 NOTICE Notice of Document Production Subpoena to American National Insurance Company with Proof of Service filed by Receiver David A Gill. (Mikalian, Gilbert)
September 21, 2009 Filing 107 NOTICE Notice of Document Production Subpoena to Jason Juberg with Proof of Service filed by Receiver David A Gill. (Mikalian, Gilbert)
September 21, 2009 Filing 106 NOTICE Notice of Document Production Subpoena to American Benefit Concepts, Inc. with Proof of Service filed by Receiver David A Gill. (Mikalian, Gilbert)
September 21, 2009 Filing 105 NOTICE Notice of Document Production Subpoena to Jackson National Insurance Company with Proof of Service filed by Receiver David A Gill. (Mikalian, Gilbert)
September 14, 2009 Filing 104 NOTICE OF ERRATA filed by Receiver David A Gill. correcting MOTION for Settlement Approval of Agreement Between Receiver and Distinctive Projects Company (Brown Field); Declaration of David A. Gill MOTION for Settlement Approval of Agreement Between Receiver and Distinctive Projects Company (Brown Field); Declaration of David A. Gill #100 Correct hearing date is October 5, 2009 (Schulman, George)
September 14, 2009 Filing 103 NOTICE filed by Receiver David A Gill. Of Objection By Dean E. Ziegler And Betty L. Ziegler To Settlement With Diane Dubois (Schulman, George)
September 14, 2009 Filing 102 REPLY Reply to Response MOTION for Settlement Approval with Proof of Service #96 Receiver's Reply To Response Of The Zieglers To Receiver's Motion To Approve Settlement With Diane Dubois filed by Receiver David A Gill. (Schulman, George)
September 14, 2009 Filing 101 REQUEST FOR JUDICIAL NOTICE re MOTION for Settlement Approval of Agreement Between Receiver and Distinctive Projects Company (Brown Field); Declaration of David A. Gill MOTION for Settlement Approval of Agreement Between Receiver and Distinctive Projects Company (Brown Field); Declaration of David A. Gill #100 filed by Receiver David A Gill. (Gill, David)
September 14, 2009 Filing 100 NOTICE OF MOTION AND MOTION for Settlement Approval of Agreement Between Receiver and Distinctive Projects Company (Brown Field); Declaration of David A. Gill filed by Receiver David A Gill. Motion set for hearing on 10/8/2009 at 10:00 AM before Judge Manuel L. Real. (Gill, David)
September 8, 2009 Filing 99 MINUTES OF Hearing on Receiver's 2nd Report held before Judge Manuel L. Real: There is no appearance by or on behalf of defendant. The Court accepts the report.Court Reporter: Walter Ledge. (es)
September 4, 2009 Opinion or Order Filing 98 MINUTES (IN CHAMBERS) ORDER by Judge Manuel L. Real: Counsel are notified that on the Court's own motion, the hearing re Receiver's Request for Judicial Notice and First Account and Request for Approval of Professional Fees and Expenses #91 ; and Receiver's MOTION to Approve Settlement Agreement #96 is hereby ORDERED CONTINUED from 9/21/09 at 10:00 a.m. to 9/28/09 at 10:00 a.m. Opposition papers remain due on 9/8/09, and the reply papers remain due on 9/14/09. The continuation of the hearing date DOES NOT move the due dates of those filings. (mg)
September 1, 2009 Filing 97 REPLY filed by Receiver David A Gill to Report #87 Receiver's Reply To Response Of Defendant Bruce Friedman To Receiver's Second Report (Gill, David)
August 28, 2009 Filing 96 NOTICE OF MOTION AND MOTION for Settlement Approval with Proof of Service filed by Permanent Receiver David A Gill. Motion set for hearing on 9/21/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Appendix Part 2of2)(Phelps, Kathy)
August 27, 2009 Filing 95 NOTICE Of Receivers Account And Request For Approval Of Professional Fees And Expenses filed by Receiver David A Gill. (Schulman, George)
August 27, 2009 Filing 94 APPLICATION for Hearing Notice Of Receivers Account And Request For Approval Of Professional Fees And Expenses filed by Receiver David A Gill. #(Schulman, George)
August 27, 2009 Filing 93 APPLICATION for Hearing Notice Of Receivers Account And Request For Approval Of Professional Fees And Expenses filed by Receiver David A Gill. #(Schulman, George)
August 27, 2009 Filing 92 REQUEST FOR JUDICIAL NOTICE re First APPLICATION for Attorney Fees Receivers First Account And Request For Approval Of Professional Fees And Expenses; Declarations Of David A. Gill; Kathy Bazoian Phelps; David W. Callaghan; Jack Zakim; Stephen L. Raucher; Peter N. Carlino; And G. #91 filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration proof of service)(Gill, David)
August 27, 2009 Filing 91 First APPLICATION for Attorney Fees Receivers First Account And Request For Approval Of Professional Fees And Expenses; Declarations Of David A. Gill; Kathy Bazoian Phelps; David W. Callaghan; Jack Zakim; Stephen L. Raucher; Peter N. Carlino; And G. Kirkland Hardymon filed by Permanent Receiver David A Gill. Application set for hearing on 9/21/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration, #2 Exhibit Ex 1 to David Gill Dec, #3 Exhibit Ex 2 to David Gill Dec (part 1), #4 Exhibit Ex 2 to David Gill Dec (part 2), #5 Exhibit Ex 2 to David Gill Dec (part 3), #6 Exhibit Ex 2 to David Gill Dec (part 4), #7 Exhibit Ex 3 to David Gill Dec, #8 Exhibit Ex 4 to David Gill Dec, #9 Declaration Kathy Phelps Dec part 1, #10 Declaration Kathy Phelps Dec part 2, #11 Exhibit Ex 5 to K. Phelps Dec (part 1), #12 Exhibit Ex 5 to K. Phelps Dec (Part 2), #13 Exhibit Ex 5 to K. Phelps Dec (Part 3), #14 Exhibit Ex 5 to K. Phelps Dec (Part 4), #15 Exhibit Ex 5 to K. Phelps Dec (Part 5), #16 Exhibit Ex 5 to K. Phelps Dec (Part 6), #17 Exhibit Ex 6 to K. Phelps Dec, #18 Declaration Callaghan Dec, #19 Exhibit Ex 7, #20 Exhibit Ex 8, #21 Declaration Ex 9 part 1, #22 Declaration Ex 9 part 2, #23 Exhibit Ex 9, #24 Exhibit, #25 Exhibit Ex 10, #26 Declaration Zakim Dec, #27 Exhibit Ex 11 part 1, #28 Declaration Ex 11 part 2, #29 Declaration Ex 12, #30 Declaration Carlino Dec, #31 Declaration Ex 13, #32 Exhibit Ex 14, #33 Declaration Hardymon Dec, #34 Exhibit Ex 15, #35 Exhibit Ex 15 part 2, #36 Exhibit Ex 15 part 3, #37 Declaration proof of service)(Gill, David)
August 26, 2009 Filing 90 RESPONSE filed by Defendant Bruce Friedmanto Report #87 OF DEFENDANT BRUCE FRIEDMAN TO RECEIVER'S SECOND REPORT (Attachments: #1 Declaration of Bruce Friedman)(Drooyan, Richard)
August 25, 2009 Filing 89 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT BRUCE FRIEDMAN by Judge Manuel L. Real. In favor of Securities and Exchange Commission and against Bruce Friedman as contained in the Settlement Agreement #88 . (pp)
August 24, 2009 Filing 88 SETTLEMENT AGREEMENT Consent of Defendant Bruce Friedman to Judgment of Permanent Injunction and Other Relief filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Judgment)(McCoy, John)
August 14, 2009 Filing 87 INTERIM REPORT of Reciever's Second Report filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Gill, David)
August 6, 2009 Opinion or Order Filing 86 ORDER GRANTING MOTION OF RECEIVER FOR MODIFICATIONOF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OFSECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCECOMPANY;(2) TO PERMIT RELEASE OFSECURED FUNDS FROMOTHER INSTITUTIONSby Judge Manuel L. Real, (pj)
August 6, 2009 Opinion or Order Filing 85 ORDER GRANTING MOTION OFRECEIVER FOR APPROVAL OF:(1) SALE OF 31610 BROADBEACH ROAD, MALIBU,CALIFORNIA, FREE ANDCLEAR OF LIENS, CLAIMSAND ENCUMBRANCES;AND (2) PAYMENT OF BROKERSCOMMISSIONS,UNDISPUTED LIENS ANDCOSTS THROUGH ESCROW by Judge Manuel L. Real, (pj)
August 3, 2009 Filing 84 MINUTES OF Defendant Bruce Friedmans motion for limited lifting of asset freeze; Receiver's motion for modification of Preliminary Injunction (1) to permit release of secured funds from Jackson Natl Life Ins Co; & (2) to permit release of secured funds from other institutions; Receiver's motion for approval of (1) sale of 31610 Broad Beach Road, Malibu, CA, free and clearof liens, claims and encumbrances; & (2) payment of brokers' commissions, undisputed liens and costs through escrow held before Judge Manuel L. Real: As to item # 1 as listed above, defendant withdraws the motion as moot.The parties submit on the papers as filed as to the other motions. The Court GRANTS items # 2 and 3 as listed above, for reasons as stated on the record.The Receiver shall submit proposed orders. #36 #70 #73 Court Reporter: Sheri Kleeger. (ake)
August 3, 2009 Filing 83 NOTICE of Change of Attorney Information for attorney Joseph A Eisenberg counsel for Interested Party Consolidated Healthcare Services, LLC. Changing Attorney - Firm - Address to Joseph A. Eisenberg P.C. - Jeffer, Mangels, Butler & Marmaro LLP - 1900 Avenue of the Stars, 7th Floor, Los Angeles, CA 90067. Changing Phone No. - Fax No. - Email to Tel: (310) 785-5375 - Fax: (310) 785-5357 - Email: JEisenberg@jmbm.com. Adding Joseph A. Eisenberg P.C. as attorney as counsel of record for Consolidated Healthcare Services, LLC, a California limited liability company for the reason indicated in the G-06 Notice. Jeffrey E. Sultan will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice. Filed by Party in Interest Consolidated Healthcare Services, LLC, a California limited liability company (Eisenberg, Joseph)
July 31, 2009 Filing 82 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Second page of Nc of Change of address omitted RE: Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) #81 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ak)
July 31, 2009 Filing 81 NOTICE of Change of Attorney Information for attorney Joseph A Eisenberg counsel for Interested Party Consolidated Healthcare Services, LLC. Changing Address/Firm Name/Attorney to Joseph A. Eisenberg P.C., Jeffer, Mangels, Butler & Marmaro LLP, 1900 Avenue of the Stars, 7th Floor, Los Angeles, CA 90067. Changing Email/Tel and Fax No. to JEisenberg@jmbm.com; Telephone: (310) 785-5375; Facsimile: (310) 785-5357. Filed by Party in Interest Consolidated Healthcare Services, LLC, a California limited liability company (Eisenberg, Joseph)
July 28, 2009 Filing 80 JOINDER in MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO #70 M OTHER INSTITUTIONS filed by Interested Party Dorothy Shepherd. (Laurin, Paul)
July 27, 2009 Filing 79 REPLY Reply To Objection Of Dean E. Ziegler And Betty L. Ziegler To Receivers Motion Re Modification Of Preliminary Injunction; Declaration Of David A. Gill In Support Thereof with proof of service MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO #70 filed by Receiver David A Gill. (Schulman, George)
July 24, 2009 Filing 78 AFFIDAVIT by affiant: Erin Ostenson re MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO #73 Affidavit of Publication with proof of service filed by Receiver David A Gill (Schulman, George)
July 22, 2009 Filing 76 AFFIDAVIT by affiant: Erin Ostenson re MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO #73 Affidavit of Publication of Sale of Real Property at 31610 Broad Beach Road, Malibu, California with proof of service filed by Receiver David A Gill (Schulman, George)
July 20, 2009 Filing 77 OBJECTION TO NOTICE OF MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO #70 . (pj)
July 16, 2009 Filing 75 NOTICE OF NON-OPPOSITION to MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO #70 filed by Plaintiff Securities and Exchange Commission. (McCoy, John)
July 13, 2009 Filing 74 NOTICE OF MOTION re MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THRO #73 with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 8/3/2009 at 10:00 AM before Judge Manuel L. Real. (Phelps, Kathy)
July 13, 2009 Filing 73 NOTICE OF MOTION AND MOTION for Order of Sale re: NOTICE OF MOTION AND MOTION FOR APPROVAL OF: (1) SALE OF 31610 BROAD BEACH ROAD, MALIBU, CALIFORNIA, FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES; AND (2) PAYMENT OF BROKERS COMMISSIONS, UNDISPUTED LIENS AND COSTS THROUGH ESCROW; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DAVID A. GILL IN SUPPORT THEREOF with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 8/3/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Phelps, Kathy)
July 13, 2009 Filing 72 PROOF OF SERVICE filed by Receiver David A Gill, re Notice of Motion,,, #71 PROOF OF SERVICE OF NOTICE OF MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FROM OTHER INSTITUTIONS served on July 10, 2009. (Phelps, Kathy)
July 13, 2009 Filing 71 NOTICE OF MOTION re MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FRO #70 with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 8/3/2009 at 10:00 AM before Judge Manuel L. Real. (Phelps, Kathy)
July 13, 2009 Filing 70 NOTICE OF MOTION AND MOTION for Order for MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FROM OTHER INSTITUTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAVID A. GILL IN SUPPORT THEREOF with Proof of Service filed by Receiver David A Gill. Motion set for hearing on 8/3/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit)(Phelps, Kathy)
July 13, 2009 Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is order, amend, order of sale under MOTIONS AND Notice of motion under Reponses Replies Other Motion Related Documents;The SEARCH feature is available on the CM/ECF menu bar if you are unsure of the events to use. RE: Notice (Other), Notice (Other) #66 , Notice of Motion,,, #67 , Motion Related Document,,,, #68 . 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. (pj)
July 10, 2009 Filing 68 MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FROM OTHER INSTITUTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAVID A. GILL IN SUPPORT THEREOF with Proof of Service re APPLICATION for Preliminary Injunction re Orders: (1) Continuing Asset Freeze, (2) Appointing a Permanent Receiver, (3) Prohibiting the Destruction of Documents, (4) Granting Expedited Discovery, and (5) Requiring Accountings APPLICATION for Preliminary Injunction re Orders: (1) Continuing Asset Freeze, (2) Appointing a Permanent Receiver, (3) Prohibiting the Destruction of Documents, (4) Granting Expedited Discovery, and (5) Requiring Accountings APPLICATION for Preliminary Injunction re Orders: (1) Continuing Asset Freeze, (2) Appointing a Permanent Receiver, (3) Prohibiting the Destruction of Documents, (4) Granting Expedited Discovery, and (5) Requiring Accountings #8 filed by Receiver David A Gill. (Attachments: #1 Exhibit)(Phelps, Kathy)
July 10, 2009 Filing 67 NOTICE OF MOTION re EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order for Freezing Assets EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction EX PARTE APPLICATION for Appointment of Counsel #2 Notice of Motion and Motion for Approval of (1) Sale of 31610 Broad Beach Road, Malibu, California, Free and Clear of Liens, Claims, Encumbrances; and (2) Payment of Brokers' Commissions, Undisputed LIens and Costs through Escrow; Memorandum of Points and Authorities; Declaration of David A. Gill In Support Thereof with proof of service filed by Receiver David A Gill. Motion set for hearing on 8/3/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Phelps, Kathy)
July 10, 2009 Filing 66 NOTICE NOTICE OF MOTION OF RECEIVER FOR MODIFICATION OF PRELIMINARY INJUNCTION; (1) TO PERMIT RELEASE OF SECURED FUNDS FROM JACKSON NATIONAL LIFE INSURANCE COMPANY AND AMERICAN NATIONAL INSURANCE COMPANY; (2) TO PERMIT RELEASE OF SECURED FUNDS FROM OTHER INSTITUTIONS with Proof of Service filed by Receiver David A Gill. (Phelps, Kathy)
July 6, 2009 Filing 65 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Kurt A Goering for Movants Paul L Goering, Wilda M Goering. (mg)
June 30, 2009 Filing 64 REQUEST for Notice of the filing of all Motions and other papers by the Receiver, pursuant to the Notice of Motion filed by the Receiver and dated 4/7/09. Filed by Creditors/Investors Paul L Goering, Wilda M Goering. (mg)
June 29, 2009 Filing 63 NOTICE filed by Receiver David A Gill. Notice of Document Production Request To Merrill Lynch, With Proof of Service (Schulman, George)
June 4, 2009 Filing 62 NOTICE filed by Receiver David A Gill. Notice of Receiver's Intention to Sell Personal Property at Private Sale (Furnishings at 174 Upper Mountain Road, Montclair, New Jersey), with Proof of Service (Attachments: #1 Part 2 Pages 64 through 71)(Gill, David)
May 22, 2009 Opinion or Order Filing 61 ORDER by Judge Manuel L. Real Granting Defendant Tina Placourakis Limited Relief From Asset Freeze. The Court having considered the Stipulation #58 , IT IS ORDERED that the asset freeze provisions of the Amended Order of Preliminary Injunction issued by the Court in this matter on March 31, 2009 are deemed modified in the following respect: Bank of America checking account number XXXXX-1166, and no others, is hereby exempted from the asset freeze imposed by the Amended Order of Preliminary Injunction. (mg)
May 21, 2009 Filing 58 STIPULATION for Order Granting Relief Defendant Tina Placourakis Limited Relief from Asset Freeze with Respect to a Joint Checking Account of Relief Defendant Tina Placourakis and Her Son Jesse Placourakis filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Order)(Grant, Melissa)
May 20, 2009 Opinion or Order Filing 60 ORDER GRANTING MOTION OF RECEIVER FOR APPROVAL OF: (1) SALE OF 174 UPPERMOUNTAIN AVENUE, MONTCLAIR NEW JERSEY; AND (2) PAYMENT OF BROKERS COMMISSION by Judge Manuel L. Real: IT IS HEREBY ORDERED THAT: 1. The Receivers Motion is granted. 2. The sale to Naureen Udofia and Nkere Udofia (Purchaser) of the property located at 174 Upper Mountain Avenue, Montclair New Jersey, (theProperty) for the purchase price of $2,550,000 pursuant to the terms of the Real Estate Contract attached to the Motion as Exhibit 5 is hereby confirmed. [SEE DOCUMENT FOR DETAILS.] #59 #46 (ake)
May 18, 2009 Filing 59 MINUTES OF Receiver's Motion for Approval of (1) Sale of 174 Upper Mountain Avenue, Montclair, NJ, and (2) Payment of Brokers' Commission held before Judge Manuel L. Real: The Court GRANTS the motion. Counsel for the Receiver shall submit a proposed order. #46 Court Reporter: Sheri Kleeger. (ake)
May 13, 2009 Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information (for Stuart J. Wald) was not updated in the ECF system RE: Notice of Appearance #56 . 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)
May 12, 2009 Filing 56 NOTICE of Appearance (Laurin, Paul)
May 11, 2009 Opinion or Order Filing 55 ORDER UPON STIPULATION #54 BY AND BETWEEN JEFFREY D. YOUNG, JEFFREY YOUNG TRUST UTD 2/20/02 AND DAVID GILL, IN HIS CAPACITY AS THE COURT APPOINTEDRECEIVER FOR DIVERSIFIED LENDING GROUP, INC. FOR RELIEF FROM THE TEMPORARYRESTRAINING ORDER TO COMPLETE NON-JUDICIAL FORECLOSURE (see document for subject property legal description and other specifics) by Judge Manuel L. Real (lc)
May 7, 2009 Filing 54 STIPULATION for Relief from Temporary Restraining Order to Complete Non-Judicial Foreclosure filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit)(Gill, David)
May 5, 2009 Opinion or Order Filing 53 ORDER by Judge Manuel L. Real, re MOTION for Release of Funds GOOD CAUSE appearing for a partial lifting of the asset freeze imposed bythis Court in the Temporary Restraining Order on March 5, 2009, and in thePreliminary Injunction on March 10, 2009; IT IS HEREBY ORDERED that Defendant Bruce Friedman may withdraw up to $4500 per month beginning for the months of May, June and July 2009. #36 IT IS FURTHER ORDERED that a hearing shall be held on August 3, 2009,at 10:00 a.m. to consider any requests by Defendant Bruce Friedman for reasonableliving expenses after July 2009. (pj)
May 5, 2009 Filing 51 NOTICE of Appearance (Eisenberg, Joseph)
May 5, 2009 Filing 50 NOTICE OF LODGING filed of [Proposed} Order For Partial Lifting of Asset Freeze re MOTION for Release of Funds For Limited Lifting of Asset Freeze; Memorandum of Points and Authorities; Declarations of Bruce Friedman and Richard E. Drooyan #36 (Attachments: #1 Proposed Order)(Drooyan, Richard)
May 4, 2009 Filing 52 MINUTES OF Motion Hearing 1) Receiver's Motion for instructions re: 1) Notice procedures; 2) Procedures for the use, sale or other disposition of assets; 3) Employment of legal counsel, accountants, appraisers,auctioneers and brokers; 4) Payment of priority wage claims (fld 4-7-09)2) Defendant Bruce Friedmans motion for limited lifting of asset freeze (fld 4-10-00) held before Judge Manuel L. Real:The Court hears arguments of counsel.The Court GRANTS item # 1 as listed above, and signs theproposed order.The Court GRANTS in part item # 2 as listed above, as stated on the record: Defendant Friedman may withdraw $4500.00 a month for the months of May, June and July; the matter is continued for further hearing on any further allowances for withdrawal of funds to August 3, 2009 at 10:00 a.m.. Defendant shall submit a proposed order. Court Reporter: Bridget Montero. (pj)
May 4, 2009 Opinion or Order Filing 49 ORDER by Judge Manuel L. Real granting #34 Motion of Receiver For Instructions Re: (1)Notice Procedures; (2) Procedures For The Use, Sale Or Other Disposition Of Assets; (3) Employment Of Legal Counsel, Accountants, Appraisers, Auctioneers And Brokers; And (4) Payment Of Priority Wage Claims. (See attached Order for further information). (jp)
May 1, 2009 Filing 48 SEALED DOCUMENT- AMENDED schedule of Assets (mat)
May 1, 2009 Filing 47 NOTICE Notice of Hearing on Motion of Receiver for Approval of: (1) Sale of 174 Upper Mountain Avenue, Montclair, New Jersey; and (2) Payment of Brokers' Commision with proof of service filed by Receiver David A Gill. (Schulman, George)
May 1, 2009 Filing 46 NOTICE OF MOTION AND MOTION for Order of Sale re: Approval of Sale of 174 Upper Mountain Avenue, Montclair New Jersey payment of Brokers' Commission with proof of service filed by Receiver David A Gill. Motion set for hearing on 5/18/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Schulman, George)
May 1, 2009 Filing 45 NOTICE of Manual Filing filed by Defendant Bruce Friedman of Amended Schedule of Assets. (Drooyan, Richard)
April 30, 2009 Opinion or Order Filing 44 ORDER by Judge Manuel L. Real: Order Authorizing (A) Shortened Time for Notice on Motion for Approval of: 1) Sale of 174 Upper Mountain Avenue, Montclair, New Jersey; and 2) Payment of Brokers' Commission; and B) Limited Notice on Sale Motion. IT IS ORDERED THAT: The #43 Ex Parte Application is granted. The Receiver is authorized to file the Sale Motion on shortened notice, and that the Sale Motion is set for hearing on May 18, 2009 at 10:00 a.m. (See document for further details). (mg)
April 27, 2009 Filing 43 First EX PARTE APPLICATION to Shorten Time for Hearing For Notice On Motion For Approval Of: Sale Of 174 Upper Mountain Avenue, Montclair New Jersey; And (2) Payment Of Brokers Commission; (B) Limited Notice On Sale Motion; Declarations Of David A. Gill And Kathy Bazoian Phelps In Support Thereof with proof of service filed by Receiver David A Gill. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Schulman, George)
April 23, 2009 Filing 42 ANSWER to Complaint - (Discovery), #1 filed by Defendant Tina M. Placourakis.(pj)
April 23, 2009 Filing 41 NOTICE of Manual Filing of Answer of Relief, per General Order 08-02, Article V. Section B filed by Defendant Tina M. Placourakis of answer of Relief by Defendant. (lom)
April 22, 2009 Opinion or Order Filing 40 ORDER GRANTING RELIEF DEFENDANT TINA PLACOURAKIS LIMITED RELIEF FROM ASSET FREEZE WITH RESPECT TO THREE UTMA CUSTODIAL ACCOUNTS FOR WHICH RELIEF DEFENDANT TINA PLACOURAKIS IS CUSTODIAN by Judge Manuel L. Real, re Stipulation for Relief, #38 IT IS ORDERED that the asset freeze provisions of the Amended Order of Preliminary Injunction issued by the Court in this matter on March 31, 2009 aredeemed modified in the following respect: The following UTMA custodial accounts, and no others, are hereby exempted from the asset freeze imposed by the Amended Order of Preliminary Injunction (pj)
April 21, 2009 Opinion or Order Filing 39 ORDER Extending Defendant Bruce Friedman's Time to Respond to Complaint re Stipulation #37 by Judge Manuel L. Real. IT IS ORDERED that the time for defendant Bruce Friedman to answer or otherwise respond to the complaint in this action is continued to June 18, 2009. (lom)
April 21, 2009 Filing 38 STIPULATION for Relief from Limited Relief from Asset Freeze with Respect to Three UTMA Custodial Accounts for which Relief Defendant Tina Placourakis Is Custodian re Preliminary Injunction, #31 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Order)(Grant, Melissa)
April 20, 2009 Filing 37 STIPULATION for Extension of Time to File Answer to June 18, 2009 re Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Order)(McCoy, John)
April 10, 2009 Filing 36 NOTICE OF MOTION AND MOTION for Release of Funds For Limited Lifting of Asset Freeze; Memorandum of Points and Authorities; Declarations of Bruce Friedman and Richard E. Drooyan filed by Defendant Bruce Friedman. Motion set for hearing on 5/4/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order For Partial Lifting of Asset Freeze)(Drooyan, Richard)
April 8, 2009 Opinion or Order Filing 35 ORDER GRANTING RELIEF DEFENDANT TINA PLACOURAKIS EXTENSION OF TIME TO RESPOND TO COMPLAINT by Judge Manuel L. Real: IT IS ORDERED that Relief Defendant Tina Placourakis shall have until April 23, 2009 in which to file an answer or otherwise respond to the Complaint in this matter. #33 (ake)
April 7, 2009 Filing 34 NOTICE OF MOTION AND MOTION for Ruling Omnibus Motion Motion Of Receiver For Instructions Re: (1)Notice Procedures; (2) Procedures For The Use, Sale Or Other Disposition Of Assets; (3) Employment Of Legal Counsel, Accountants, Appraisers, Auctioneers And Brokers; And (4) Payment Of Priority Wage Claims; Memorandum Of Points And Authorities; And Declaration Of David A. Gill In Support Thereof with proof of service filed by Receiver David A Gill. Motion set for hearing on 5/4/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit ex part 1, #2 Exhibit Ex part 2, #3 Affidavit Proof of Service, part 1, #4 Affidavit Proof of Service, part 2)(Schulman, George)
April 7, 2009 Filing 33 STIPULATION for Extension of Time to File Answer to 04/23/2009 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order Extending Time for Relief Defendant to Respond to Complaint, #2 Proof of Service)(Grant, Melissa)
April 2, 2009 Opinion or Order Filing 32 ORDER AUTHORIZING RECEIVER TO EMPL0Y THE OSTRIN & OSTRIN COMPANY AS HIS AUCTINEERS by Judge Manuel L. Real: #29 (pj)
March 31, 2009 Opinion or Order Filing 31 AMENDED ORDER OF PRELIMINARY INJUNCTION AND ORDERS: (1) CONTINUING ASSET FREEZE, (2) APPOINTING A PERMANENT RECEIVER, (3) PROHIBITING THE DESTRUCTION OF DOCUMENTS, (4) GRANTING EXPEDITED DISCOVERY, AND (5) REQUIRING ACCOUNTINGS by Judge Manuel L. Real (pj)
March 31, 2009 Opinion or Order Filing 30 ORDER GRANTING AMENDMENT AND CLARIFICATION OF PRELIMINARY INJUNCTION by Judge Manuel L. Real, #28 (pj)
March 31, 2009 Filing 29 Emergency EX PARTE APPLICATION for Ruling on Instructions re Employment of Personal Property Auctioneer Notice of Ex Parte Application and Ex Parte Application of Receiver for Instructions re Employment of Personal Property Auctioneer; Memorandum of Points and Authorities; Declarations of David A. Gill, Gary Ostrin, and Uzzi O. Raanan in Support Thereof filed by receiver David A Gill. (Attachments: #1 Order)(Schulman, George)
March 30, 2009 Filing 28 STIPULATION to AMEND Preliminary Injunction, #17 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Amended Order of Preliminary Injunction and Orders, #2 [Proposed] Order Granting Amendment and Clarification of Preliminary Injunction)(McCoy, John)
March 23, 2009 Opinion or Order Filing 27 ORDER by Judge Manuel L. Real re: Stipulation for Order, #26 . Having considered the stipulation, and good cause appearing, it is ordered that the asset freeze provisions of the Preliminary Injunction previously issued by the Court in this matter are deemed modified in the following respect: the following bank accounts held in the name of Tina Placourakis, and no others, are exempted from the asset freeze imposed by the Preliminary Injunction: Bank of America account XXXX-0388 and Bank of America account XXXX-3471. (rj)
March 23, 2009 Filing 26 STIPULATION for Order re Limited Relief from Asset Freeze with Respect to Relief Defendant Tina Placourakis filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Order)(McCoy, John)
March 20, 2009 Filing 25 NOTICE Notice to Taxing Agencies of Appointment of Receiver, with Proof of Service filed by Receiver David A Gill. (Gill, David)
March 20, 2009 Filing 24 Schedule of Creditors (L.R. 66-5), with Proof of Service (Attachments: #1 Exhibit Part 2 Pages 46-83)(Gill, David)
March 20, 2009 Filing 23 FIRST STIPULATION Extending Time to Answer the complaint as to Bruce Friedman answer now due 4/23/2009, filed by Defendant Bruce Friedman.(Drooyan, Richard)
March 12, 2009 Filing 22 SEALED DOCUMENT - SCHEDULE OF ASSETS.(cbr)
March 11, 2009 Opinion or Order Filing 21 ORDER by Judge Manuel L. Real, re Stipulation to Seal #19 IT IS ORDERED that the Schedule of Assets of Bruce Friedman may be filed under seal and shall not be a matter of public record unless and until further order of the Court. (pj)
March 11, 2009 Filing 20 NOTICE of Manual Filing filed by Defendant Bruce Friedman of Schedule of Assets. (Drooyan, Richard)
March 10, 2009 Filing 19 STIPULATION File schedule of assets Under Seal filed by Defendant Bruce Friedman. (Attachments: #1 Proposed Order)(Drooyan, Richard)
March 10, 2009 Opinion or Order Filing 18 STIPULATION AND ORDER RE CONSENT TOISSUANCE OF PRELIMINARY INJUNCTION AND OTHER RELIEF, AND REQUEST FOR LIMITED RELIEF FROM ASSET FREEZE by Judge Manuel L. Real: (see attached order) (pj)
March 10, 2009 Opinion or Order Filing 17 ORDER OF PRELIMINARY INJUNCTION ORDER OF PRELIMINARY INJUNCTION AND ORDERS: (1) CONTINUING ASSET FREEZE, (2) APPOINTING A PERMANENT RECEIVER, IT IS FURTHER ORDERED that David A. Gill is hereby appointed as Permanent Receiver of DLG and AEI, (3) PROHIBITING THE DESTRUCTION OF DOCUMENTS, (4) GRANTING EXPEDITED DISCOVERY, AND (5) REQUIRING ACCOUNTINGS by Judge Manuel L. Real (SEE ATTACHED ORDER) (pj)
March 10, 2009 Filing 16 STIPULATION for Issuance of Preliminary Injunction and Other Relief, and Request for Limited Relief from Asset Freeze filed by Plaintiff Securities and Exchange Commission.(McCoy, John)
March 10, 2009 Filing 15 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Tina M. Placourakis served on 3/6/2009, answer due 3/26/2009. The Summons and Complaint were served by personal service, by federal statute, upon Tina Placourakis, relief defendant. Due Dilligence declaration is not attached. Original Summons was returned. (McCoy, John)
March 9, 2009 Filing 14 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Applied Equities, Inc. served on 3/6/2009, answer due 3/26/2009. The Summons and Complaint were served by substituted service, by federal statute, upon Robert Mayer, attorney. Due Dilligence declaration is not attached. Original Summons was returned. (McCoy, John)
March 9, 2009 Filing 13 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Diversified Lending Group, Inc. served on 3/5/2009, answer due 3/25/2009. The Summons and Complaint were served by personal service, by federal statute, upon Wendy Mayorga, registered agent for service. Due Dilligence declaration is not attached. Original Summons was returned. (McCoy, John)
March 9, 2009 Filing 12 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Bruce Friedman served on 3/6/2009, answer due 3/26/2009. The Summons and Complaint were served by substituted service service, by federal statute, upon Robert Mayer, attorney for defendant Bruce Friedman. Due Dilligence declaration is not attached. Original Summons was returned. (McCoy, John)
March 9, 2009 Filing 11 REPORT (Gill, David)
March 9, 2009 Filing 10 NOTICE of Order re: Notice to Counsel filed by Plaintiff Securities and Exchange Commission. (McCoy, John)
March 6, 2009 Filing 8 APPLICATION for Preliminary Injunction re Orders: (1) Continuing Asset Freeze, (2) Appointing a Permanent Receiver, (3) Prohibiting the Destruction of Documents, (4) Granting Expedited Discovery, and (5) Requiring Accountings filed by Plaintiff Securities and Exchange Commission. Application set for hearing on 3/10/2009 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 [Proposed] Preliminary Injunction and Orders, #2 Amended Declaration of Nina Y. Yamamoto (1 of 2), #3 Amended Declaration of Nina Y. Yamamoto (2 of 2), #4 Declaration of Gerrit J. Bol, #5 Declaration of Carl Pytlinski, #6 Declaration of H. Joseph Steck)(McCoy, John)
March 5, 2009 ALIAS SUMMONS issued as to Defendants Bruce Friedman, Tina M. Placourakis, Diversified Lending Group, Inc., Applied Equities, Inc. (pj)
March 5, 2009 Opinion or Order Filing 7 ORDER RE NOTICE TO COUNSEL by Judge Manuel L. Real, (pj)
March 4, 2009 Opinion or Order Filing 9 TEMPORARY RESTRAINING ORDER AND ORDERS: (1) FREEZING ASSETS (2) APPOINTING A TEMPORARY RECEIVER (3) PROHIBITING THE DESTROCTION OF DOCUMENTS (4) GRANTING EXPEDITED DISCOVERY AND(5) REQUIRING ACCOUNTINGS AND ORDER TO SHOW CAUSE REPRELIMINARY INJUNCTION ANDAPPOINTMENT OF PERMANENT RECEIVER by Judge Manuel L. Real, Is is FURTHER ORDERED that David Gill appointed as temporary receiver of DLG and AEI, ( Show Cause Hearing if there be any, why a preliminary injunction should not be granted and a permanent receiver not appointed in accordance with the prayer for relief contained in this Complaint filed by the Commission set for 3/10/2009 10:00 AM before Judge Manuel L. Real.) (see attached order for further details) (pj)
March 4, 2009 Filing 6 RECOMMENDATION THAT MR DAVID A GILL BE APPOINTED RECEIVER OVER THE ENTIY DEFENDANTS filed by Plaintiff Securities and Exchange Commission(sm) (ds).
March 4, 2009 Filing 5 DECLARATION of MELISSA GRANT in support of EX PARTE APPLICATION by Securities and Exchange Commission for Temporary Restraining Order and Orders 1) Freezing Assets, 2) Appointing a temporary receiver, 3) Prohibiting the destruction of documents, 4) Granting Expedited Discovery and 5) Requirin g Accountings and Order to Show Cause re: Preliminary Injunction and Appointment of a Permanent Receiver #2 filed by Plaintiff Securities and Exchange Commission. (et) (Additional attachment(s) added on 3/5/2009: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (ds). (Additional attachment(s) added on 3/5/2009: #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (ds).
March 4, 2009 Filing 4 DECLARATION of NINA Y. YAMAMOTO in support of EX PARTE APPLICATION by Securities and Exchange Commission for Temporary Restraining Order and Orders 1) Freezing Assets, 2) Appointing a temporary receiver, 3) Prohibiting the destruction of documents, 4) Granting Expedited Discovery and 5) Requirin g Accountings and Order to Show Cause re: Preliminary Injunction and Appointment of a Permanent Receiver #2 filed by Plaintiff Securities and Exchange Commission. (et) (ds).
March 4, 2009 Filing 3 MEMORANDUM OF POINTS AND AUTHORITIN in Support of EX PARTE APPLICATION by Securities and Exchange Commission for Temporary Restraining Order and Orders 1) Freezing Assets, 2) Appointing a temporary receiver, 3) Prohibiting the destruction of documents, 4) Granting Expedited Discovery and 5) Requiring Accountings and Order to Show Cause re: Preliminary Injunction and Appointment of a Permanent Receiver #2 filed by Plaintiff Securities and Exchange Commission. (et) (ds).
March 4, 2009 Filing 2 EX PARTE APPLICATION by Securities and Exchange Commission for Temporary Restraining Order and Orders 1) Freezing Assets, 2) Appointing a temporary receiver, 3) Prohibiting the destruction of documents, 4) Granting Expedited Discovery and 5) Requiring Accountings and Order to Show Cause re: Preliminary Injunction and Appointment of a Permanent Receiver filed by Plaintiffs Securities and Exchange Commission. Lodged Proposed Orders. (et) (Additional attachment(s) added on 3/5/2009: #1 Proposed Order) (ds).
March 4, 2009 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Bruce Friedman, Tina M. Placourakis, Diversified Lending Group, Inc., Applied Equities, Inc. (et)
March 4, 2009 Filing 1 COMPLAINT against Defendants Bruce Friedman, Tina M. Placourakis, Diversified Lending Group, Inc., Applied Equities, Inc. (Filing fee: NO FEE REQUIRED.), filed by Plaintiff Securities and Exchange Commission. (et) (ds). (Additional attachment(s) added on 3/5/2009: #1 Notice of Assignment) (ds). (Additional attachment(s) added on 3/10/2009: #2 ALIAS SUMMONS) (pj).

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Search for this case: Securities and Exchange Commission v. Diversified Lending Group, Inc. et al
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Not classified by court: Joy Isles
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Not classified by court: Dean E Ziegler
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Not classified by court: Douglas Emmett 1997 LLC
Represented By: Leland P Smith
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Not classified by court: Ronald E Isles
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Not classified by court: Elizabeth Versten
Represented By: Joseph C Markowitz
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Claimant: Kraig S Ivie
Represented By: Seth M Hufstedler
Represented By: Sean P Fitzgerald
Represented By: Matthew D Peterson
Represented By: Charles E Patterson
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Claimant: Heather A Bell
Represented By: Seth M Hufstedler
Represented By: Sean P Fitzgerald
Represented By: Matthew D Peterson
Represented By: Charles E Patterson
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Claimant: Oliver Goold
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Claimant: Sean Fitzgerald
Represented By: Seth M Hufstedler
Represented By: Sean P Fitzgerald
Represented By: Matthew D Peterson
Represented By: Charles E Patterson
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Petitioner: Consolidated Healthcare Services, LLC
Represented By: Joseph A Eisenberg
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Petitioner: Wilda M Goering
Represented By: Kurt A Goering
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Petitioner: LS 2003 Trust
Represented By: Bruce Geoffrey Landau
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Petitioner: Paul L Goering
Represented By: Kurt A Goering
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Interested party: Dorothy Shepherd
Represented By: Stuart J Wald
Represented By: Paul Joseph Laurin
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Interested party: Consolidated Healthcare Services LLC
Represented By: Joseph A Eisenberg
Represented By: Jeffrey E Sultan
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Interested party: NetJets Aviation Inc
Represented By: John W Mills, III
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Interested party: Robert Aucelluzzo
Represented By: Thomas Vincent Girardi
Represented By: David N Bigelow
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Interested party: Diane Dubois Kovats
Represented By: Howard Loring Rose
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Defendant: Diversified Lending Group, Inc.
Represented By: George E Schulman
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Defendant: Estate of Bruce Friedman
Represented By: Richard E Drooyan
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Defendant: Tina M. Placourakis
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Defendant: Applied Equities, Inc.
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Plaintiff: Securities and Exchange Commission
Represented By: Marshall S Sprung
Represented By: Gregory Charles Glynn
Represented By: John M McCoy, III
Represented By: John W Berry
Represented By: Finola Manvelian
Represented By: Catherine Wimberly Brilliant
Represented By: John B Bulgozdy
Represented By: Melissa Grant
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Receiver: Receiver David A Gill
Represented By: George E Schulman
Represented By: Michael Grant D'Alba
Represented By: David A Gill
Represented By: Kathy Bazoian Phelps
Represented By: Gilbert Mikalian
Represented By: Bryan J E Caforio
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