Federal Trade Commission v. Forensic Case Management Services, Inc. et al
Federal Trade Commission |
David M. Hynes, II, Lorena Quiroz-Hynes, Kevin Medley, Commercial Receivables Acquisition, Inc., Vesper Collins LLC, David M. Hynes, Lorena Quiroz, Heather True, Forensic Case Management Services, Inc., Lorena Hynes, Innsbruck LLC, Specialized Recovery, Inc., James Hynes, Kester-Archwood LLC, Ramillies LLC and Frank E. Lindstrom, Jr. |
Thomas W McNamara |
Bank of America NA |
2:2011cv07484 |
September 12, 2011 |
US District Court for the Central District of California |
R Gary Klausner |
Suzanne H Segal |
Other Statutory Actions |
15 U.S.C. § 0045 |
Defendant |
Docket Report
This docket was last retrieved on February 6, 2014. A more recent docket listing may be available from PACER.
Document Text |
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Filing 254 NOTICE of Satisfaction of Judgment as to Certain Relief Defendants filed by Plaintiff Federal Trade Commission. (Unruh, Rebecca) |
Filing 253 ORDER APPROVING PLAINTIFF'S CONSUMER REDRESS PLAN by Judge R. Gary Klausner: re #250 Motion for Disbursement of Funds. (rne) |
Filing 252 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs Motion for Disbursement of Funds to Redress Consumers (DE 250), noticed for hearing on August 26, 2013, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY |
Filing 251 NOTICE OF NON-OPPOSITION to MOTION for Disbursement of Funds to Redress Consumers #250 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Specialized Recovery, Inc., Heather True. (Pitet, Christopher) |
Filing 250 NOTICE OF MOTION AND MOTION for Disbursement of Funds to Redress Consumers filed by Plaintiff Federal Trade Commission. Motion set for hearing on 8/26/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Proposed Order)(Unruh, Rebecca) |
Filing 249 ORDER by Judge R. Gary Klausner: Discharging Receiver and Approving Final Application for Fees and Expenses re #245 Application for Order. Note changes made by the Court. (rne) |
Filing 248 OBJECTION in opposition to re: APPLICATION for Order for Discharging Receiver and Approving Final Application for Fees and Expenses #245 filed by Defendant David M. Hynes, II. (Pitet, Christopher) |
Filing 247 NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Receiver Thomas McNamaras Motion for Order Discharging Receiver and Approving Final Application for Fees and Expenses (DE 245), noticed for hearing on June 24, 2013, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sw) TEXT ONLY ENTRY |
Filing 246 NOTICE OF NON-OPPOSITION to APPLICATION for Order for Discharging Receiver and Approving Final Application for Fees and Expenses #245 filed by Plaintiff Federal Trade Commission. (Gressin, Seena) |
Filing 245 APPLICATION for Order for Discharging Receiver and Approving Final Application for Fees and Expenses filed by Receiver Thomas W McNamara. Application set for hearing on 6/24/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Thomas W. McNamara, #2 Exhibit (s) A-E to McNamara Dec., #3 Declaration of Jeffrey P. Matthews, #4 Exhibit A to Matthews Dec., #5 Declaration of Stacy Elledge Chiang, #6 Exhibit (s) A-B to Chiang Dec., #7 Proposed Order, #8 Proof of Service)(Robertson, Andrew) |
Filing 244 FINAL REPORT of Receiver (Final Account and Report) filed by Receiver Thomas W McNamara. (Attachments: #1 Exhibit A, #2 Proof of Service)(Robertson, Andrew) |
Filing 243 DEFAULT JUDGMENT by Judge R. Gary Klausner: Upon consideration of FTC's Renewed Motion for Entry of Default Judgment against Relief Defendant Kester-Archwood LLC #236 is GRANTED. Judgment is hereby entered against Kester-Archwood in the amount of $53,428.57. This amount shall become immediately due and payable by Kester-Archwood upon entry of this Order and interest computed at the rate prescribed under 28 USC 1961 as amended shall immediately begin to accrue on the unpaid balance. This Court shall retain jurisdiction of this matter for purposes of construction, modification and enforcement of this Order. Pursuant to FRCP 54(b) the Clerk shall enter this Order immediately. (See document for further details) (ir) |
Filing 242 MINUTES: (IN CHAMBERS) Order re: Plaintiffs Motion for Default Judgment #236 : In light of the foregoing, the Court GRANTS Plaintiff's Renewed Motion for Default Judgment IT IS SO ORDERED by Judge R. Gary Klausner. (ir) |
Filing 241 (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Federal Trade Commissions Renewed Motion for Default Judgment against Relief Defendant Kester-Archwood, LLC (DE 236), noticed for hearing on February 4, 2013, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sw) TEXT ONLY ENTRY |
Filing 240 OBJECTIONS to Status Report #238 of Federal Trade Commission filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Pitet, Christopher) |
Filing 239 PERMANENT INJUNCTION and JUDGMENT by Judge R. Gary Klausner, in favor of Federal Trade Commission against David M. Hynes, II, Heather True, James Hynes, Lorena Quiroz-Hynes. IT IS FURTHER ORDERED that the Settling Defendants, and their successors and assigns, whether acting directly or through their officers,directors, agents, servants, employees, representatives, divisions, attorneys,subsidiaries, or other entities, and all other persons or entities in activeconcert or participation with them who receive actual notice of this Order bypersonal service, facsimile transmission, email, or postal delivery, are herebypermanently restrained and enjoined from misrepresenting, or assistingothers in misrepresenting, expressly or by implication: IT IS FURTHER ORDERED that: A. Judgment is hereby entered in favor of the Commission, and against the Corporate Settling Defendants, David M. Hynes II, and Lorena Quiroz-Hynes, jointly and severally, in the amount of THIRTY THREE MILLION EIGHT HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED SIXTY-SEVEN DOLLARS ($33,828,167), as equitable monetary relief. (See order for further details). (shb) |
Filing 238 STATUS REPORT filed by Plaintiff Federal Trade Commission. (Koegel, Christopher) |
Filing 236 NOTICE OF MOTION AND Renewed MOTION for Default Judgment against Relief Defendant Kester-Archwood, LLC filed by Plaintiff Federal Trade Commission. Motion set for hearing on 2/4/2013 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Of Plaintiff's Counsel Seena D. Gressin (Attachment A), #3 Declaration of Victoria M. L. Budich (Attachment B), #4 Proposed Order)(Koegel, Christopher) |
Filing 235 STIPULATION for Settlement and Final Judgment and Order for Permanent Injunction and Monetary Relief as to Defendants Forensic Case Management Services, Inc., Specialized Recovery, Inc., Commercial Receivables Acquisition, Inc., David M. Hynes II, Lorena Quiroz-Hynes, James S. Hynes, and Heather True filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Koegel, Christopher) |
Filing 237 JUDGMENT by Judge R. Gary Klausner, in favor of Federal Trade Commission against Ramillies LLC, Vesper Collins LLC Related to: Stipulation for Settlement, #234 . IT IS ORDERED that: A. Judgment is hereby entered against relief defendant Vesper Collins, LLC in the amount of TWO HUNDRED THIRTY-FIVE THOUSAND NINE HUNDRED FORTY-TWO DOLLARS ($235,942). B. Judgment is hereby entered against relief defendant Innsbruck, LLC in the amount of FORTY-SEVEN THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS ($47,545). C. Judgment is hereby entered against relief defendant Ramillies, LLC in the amount of ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000). (shb) |
Filing 234 STIPULATION for Settlement and Final Judgment and Order for Monetary Relief as to Relief Defendants Vesper Collins, LLC, Ramillies, LLC, and Innsbruck, LLC filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Koegel, Christopher) |
Filing 233 MINUTES (IN CHAMBERS): ORDER by Judge R. Gary Klausner: denying #223 Motion for Default Judgment. (rne) |
Filing 232 NOTICE re FTC's Motion for Summary Judgment filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Pitet, Christopher) |
Filing 231 MINUTE ORDER IN CHAMBERS Order Clarifying Order Re: Stipulation to Continue Litigation for 90 Days by Judge R. Gary Klausner: The Court hereby provides the following clarification to that Order: According to the Stipulation, FTC anticipates that approval by the Commission of the Stipulated Judgments and Order will be received before the end of 2012. Based on this representation, the Court denies without prejudice the parties' request to continue litigation for 90 days. By January 4, 2013, FTC shall file a report indicating the status of the request for approval. Should additional time be required pending the approval process, the Court will be inclined to grant a continuance for a duration it deems appropriate. Pending further notice, the parties are relieved of their Rule 16 pre-trial obligations. (bp) |
Filing 230 (IN CHAMBERS) Plaintiffs Motion for Summary Judgment as to Counts 1-6 of the First Amended Complaint (DE 209); AND Plaintiffs Motion for Default Judgment Against Relief Defendant Kester-Archwood, LLC (DE 223), noticed for hearing on November 26, 2012, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED by Judge R. Gary Klausner. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(sw) TEXT ONLY ENTRY |
Filing 229 ORDER by Judge R. Gary Klausner, re Stipulation to Stay Case #228 . DENIED BY ORDER OF THE COURT. (bp) |
Filing 228 STIPULATION to Stay Case pending Commission Approval of Stipulated Judgments filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration, #2 Proposed Order)(Unruh, Rebecca) |
Filing 227 MINUTES (IN CHAMBERS): ORDER by Judge R. Gary Klausner: granting in part and denying in part #180 FTC's Motion to Strike. (rne) |
Filing 226 MINUTES OF Settlement Conference held before Magistrate Judge Suzanne H. Segal: The settlement conference was conducted off the record. A second session of the settlement conference was held telephonically on November 2, 2012. During that second session, all counsel participated. David Hynes and Heather True participated.Counsel for Defendants represented that David Hynes had authority to settle on behalf of James Hynes, who was unavailable. A settlement has been reached and was recited on the record. The parties shall file a Stipulation re Dismissal with the Court by no later than Monday, January 7, 2013. See minute order for details.Court Recorder: XTR 11/2/12. (jy) |
Filing 225 DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re Stipulation to Stay Case #204 (bp) |
Filing 224 MINUTES OF Settlement Conference held before Magistrate Judge Suzanne H. Segal: The case was called. Christopher Koegel, Esq. and Seena D. Gressin, Esq., appeared on behalf of Plaintiff. Christopher Pitet, Esq., appeared on behalf of Defendants. Defendants representatives, David Hynes, James Hynes and Heather True, were also present. The settlement conference is conducted off the record. A partial settlement has been reached and is recited on the record. The Court and parties will participate in a further telephonic settlement conference on Friday, November 2, 2012 at 10:00 a.m. Counsel will call into the conference by calling (213) 894-0800 and using the access codes listed below. Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 1114# User Password: 4016#Court Recorder: CS 10/26/12. (jy) |
Filing 223 NOTICE OF MOTION AND MOTION for Default Judgment against Relief Defendant Kester-Archwood, LLC filed by Plaintiff Federal Trade Commission. Motion set for hearing on 11/26/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order)(Gressin, Seena) |
Filing 222 EXHIBIT PX65 (Cont'd) to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX65 (Part 9, Atts. AJ-AM), #2 Exhibit PX65 (Part 10, Atts. AN-AQ), #3 Exhibit PX65 (Part 11, Atts. AR- AT), #4 Exhibit PX65 (Part 12, Atts. AU-AV), #5 Exhibit PX65 (Part 13, Atts. AW-AX), #6 Exhibit PX65 (Part 14, Atts. AY-BA), #7 Exhibit PX65 (Part 15, Atts. BB-BJ))(Koegel, Christopher) |
Filing 221 EXHIBIT PX65 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX65 (Part 1, Atts. A-E), #2 Exhibit PX65 (Part 2, Atts. F-H), #3 Exhibit PX65 (Part 3, Atts. I-J), #4 Exhibit PX65 (Part 4, Atts. K-V), #5 Exhibit PX65 (Part 5, Atts. W-AD), #6 Exhibit PX65 (Part 6, Att. AE), #7 Exhibit PX65 (Part 7, Att. AF), #8 Exhibit PX65 (Part 8, Atts. AG-AI))(Koegel, Christopher) |
Filing 220 EXHIBIT PX64 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX64)(Koegel, Christopher) |
Filing 219 EXHIBIT PX66-68 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX66, #2 Exhibit PX67, #3 Exhibit PX68 (Part 1), #4 Exhibit PX68 (Part 2), #5 Exhibit PX68 (Part 3), #6 Exhibit PX68 (Part 4))(Koegel, Christopher) |
Filing 218 EXHIBIT PX69-73 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX69, #2 Exhibit PX70, #3 Exhibit PX71, #4 Exhibit PX72, #5 Exhibit PX73)(Koegel, Christopher) |
Filing 217 EXHIBIT PX74-75 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX74 (Part 1), #2 Exhibit PX74 (Part 2), #3 Exhibit PX75)(Koegel, Christopher) |
Filing 216 EXHIBIT PX60-63 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX60 (Part 1), #2 Exhibit PX60 (Part 2), #3 Exhibit PX61, #4 Exhibit PX62, #5 Exhibit PX63)(Koegel, Christopher) |
Filing 215 EXHIBIT PX57-59 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX57 (Part 1), #2 Exhibit PX57 (Part 2), #3 Exhibit PX58, #4 Exhibit PX59 (Part 1), #5 Exhibit PX59 (Part 2))(Koegel, Christopher) |
Filing 214 EXHIBIT PX53-56 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX53 (Part 1), #2 Exhibit PX53 (Part 2), #3 Exhibit PX54, #4 Exhibit PX55, #5 Exhibit PX56)(Koegel, Christopher) |
Filing 213 EXHIBIT PX48-52 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX48, #2 Exhibit PX49, #3 Exhibit PX50, #4 Exhibit PX51, #5 Exhibit PX52)(Koegel, Christopher) |
Filing 212 EXHIBIT PX44-47 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX44, #2 Exhibit PX45, #3 Exhibit PX46 (Part 1), #4 Exhibit PX46 (Part 2), #5 Exhibit PX47 (Part 1), #6 Exhibit PX47 (Part 2), #7 Exhibit PX47 (Part 3))(Koegel, Christopher) |
Filing 211 EXHIBIT PX39-43 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX39, #2 Exhibit PX40, #3 Exhibit PX41, #4 Exhibit PX42, #5 Exhibit PX43)(Koegel, Christopher) |
Filing 210 EXHIBIT PX34-38 to MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint #209 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX34, #2 Exhibit PX35, #3 Exhibit PX36, #4 Exhibit PX37, #5 Exhibit PX38)(Koegel, Christopher) |
Filing 209 NOTICE OF MOTION AND MOTION for Summary Judgment as to Counts 1-6 of the First Amended Complaint filed by Plaintiff Federal Trade Commission. Motion set for hearing on 11/26/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts, #3 Proposed Order)(Koegel, Christopher) |
Filing 208 MINUTES OF Telephone Conference held before Magistrate Judge Suzanne H. Segal: Court and counsel present, telephonic conference held. Court and counsel discuss upcoming settlement conference.Court Recorder: XTR 10/24/12. (jy) |
Filing 207 MINUTE ORDER IN CHAMBERS by Magistrate Judge Suzanne H. Segal: The Court sets this matter for a Telephonic Conference on Wednesday, October 24, 2012, at 2:00 p.m. Counsel will call into the conference by calling (213) 894-0800 and using the access codes listed below. Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 7002# User Password: 1460# (jy) |
Filing 206 ORDER by Judge R. Gary Klausner: Ex Parte Application for Leave to File Excess Pages #203 is DENIED. (ir) |
Filing 205 MINUTES (IN CHAMBERS): ORDER by Judge R. Gary Klausner: denying #179 Receiver's Motion to transfer funds (shb) |
Filing 204 STIPULATION to Stay Case pending Commission Approval of Stipulated Judgment filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Plaintiff's Counsel Christopher T. Koegel, #2 Proposed Order)(Koegel, Christopher) |
Filing 203 EX PARTE APPLICATION to Exceed Page Limitation for Plaintiff's Memorandum in Support of Motion for Summary Judgment filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Unruh, Rebecca) |
Filing 202 ORDER CONTINUING CASE MANAGEMENT DATES by Judge R. Gary Klausner, re Stipulation #201 . The discovery cut-off is extended to 10/26/2012. (vdr) |
Filing 201 STIPULATION to Continue Case Management Dates from Trial (1/8/13); Pretrial (12/17/12); Dispositive Motions (10/24/12); Discovery Cut-Off (10/20/12) to Trial (2/19/13); Pretrial (1/28/13); Dispositive Motions (12/5/12); Discovery Cut-Off (11/7/12) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Christopher L. Pitet, #2 Declaration of Plaintiff's Counsel Seena D. Gressin, #3 Proposed Order Continuing Case Management Date)(Koegel, Christopher) |
Filing 200 OPPOSITION to MOTION to Strike Relief Defendants' Jury Demand and Affirmative Defenses #180 filed by Defendants Innsbruck LLC, Ramillies LLC, Vesper Collins LLC. (Markham, John) |
Filing 199 MINUTES (IN CHAMBERS) ORDER by Judge R. Gary Klausner: denying #187 Motion to Dismiss. The Court also ORDERS Relief Defendants to file their Memorandum in Opposition to Plaintiffs Motion to Strike separately from their Memorandum in Support of Relief Defendants Motion to Dismiss by September 27, 2012, and Plaintiffs Motion to Strike will remain under submission. (shb) |
Filing 198 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: MOTION for Order for Granting Receiver's Motion to Transfer Funds to Receivership Estate Account #179 , MOTION to Dismiss Count Seven of the First Amended Complaint #187 , MOTION to Strike Relief Defendants' Jury Demand and Affirmative Defenses #180 . The above-referenced motions, calendared for hearing on September 24, 2012, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) |
Filing 197 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Suzanne H. Segal, The Settlement Conference is placed on calendar for Friday, October 26, 2012 at 1:30 p.m., Courtroom 23, Third Floor, 312 N. Spring Street, Los Angeles, California 90012. See order for details. (jy) |
Filing 196 ORDER by Judge R. Gary Klausner, re granting Stipulation to Continue motions hearing #195 : Motion to Transfer Funds #179 and Motion to Strike #180 set for hearing on 9/24/2012 at 09:00 AM before Judge R. Gary Klausner. (rne) |
Filing 195 STIPULATION to Continue Hearings on Plaintiff's Motion to Strike Relief Defendants' Jury Demand and Affirmative Defenses, and Receiver's Motion to Transfer Funds to Receivership Estate Account from September 17, 0212 to September 24, 2012 Re: MOTION for Order for Granting Receiver's Motion to Transfer Funds to Receivership Estate Account #179 , MOTION to Dismiss Count Seven of the First Amended Complaint #187 , MOTION to Strike Relief Defendants' Jury Demand and Affirmative Defenses #180 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Koegel, Christopher) |
Filing 194 ORDER DENYING PLAINTIFF FEDERAL TRADE COMMISSIONS MOTION TO COMPEL DISCOVERY RESPONSES (Dkt. No. #177 ) by Magistrate Judge Suzanne H. Segal: Plaintiffs Motion to Compel Discovery Responses is DENIED. Specifically, Plaintiffs Motion to Compel further responses to requests for admission is DENIED WITH PREJUDICE with respect to the three corporate Defendants and all individual Defendants except James Hynes. The Motion to Compel further responses to requests for admission is DENIED WITHOUT PREJUDICE with respect to James Hynes. The Motion to Compel further responses to interrogatories is similarly DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. (jy) |
Filing 193 REPLY in Support of MOTION for Order for Granting Receiver's Motion to Transfer Funds to Receivership Estate Account #179 filed by Receiver Thomas W McNamara. (Attachments: #1 Proof of Service)(Benjamin, Daniel) |
Filing 192 OPPOSITION re: MOTION to Dismiss Count Seven of the First Amended Complaint #187 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Rebecca M. Unruh)(Unruh, Rebecca) |
Filing 191 REPLY in support of MOTION to Strike Relief Defendants' Jury Demand and Affirmative Defenses #180 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Rebecca M. Unruh)(Unruh, Rebecca) |
Filing 190 MINUTES OF Motion Hearing held before Magistrate Judge Suzanne H. Segal: Court and counsel present, hearing on motions held. Court hears argument from parties. Further order to issue.Court Recorder: XTR 8/29/12. (jy) |
Filing 189 MEMORANDUM in Opposition to MOTION for Order for Granting Receiver's Motion to Transfer Funds to Receivership Estate Account #179 filed by Defendant David M. Hynes, II. (Pitet, Christopher) |
Filing 188 RESPONSE IN SUPPORT of MOTION for Order for Granting Receiver's Motion to Transfer Funds to Receivership Estate Account #179 filed by Plaintiff Federal Trade Commission. (Koegel, Christopher) |
Filing 187 NOTICE OF MOTION AND MOTION to Dismiss Count Seven of the First Amended Complaint filed by Relief Defendants Innsbruck LLC, Ramillies LLC, Vesper Collins LLC. Motion set for hearing on 9/24/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order)(Markham, John) |
Filing 186 MEMORANDUM in Opposition to MOTION to Strike Relief Defendants' Jury Demand and Affirmative Defenses #180 and in Support of Relief Defendants' Motion to Dismiss for Failure to State a Claim filed by Defendants Innsbruck LLC, Ramillies LLC, Vesper Collins LLC. (Markham, John) |
Filing 185 MINUTE ORDER IN CHAMBERS by Magistrate Judge Suzanne H. Segal: The Court, on its own motion, hereby continues the hearing on Plaintiffs Motion to Compel Discovery Responses (dkt 177) to Wednesday, August 29, 2012 at 10:00 a.m. The matter will be held telephonically. Counsel will call into the telephonic conference by calling (213) 894-0800 and using the access codes listed below.Telephonic Conference Access Codes (Please follow the prompts and enter the codes below): Meeting ID: 7002# User Password: 4455# (jy) |
Filing 184 DEFAULT BY CLERK ENTERED as to *Defendant Kester-Archwood LLC* (rne) |
Filing 183 REQUEST for Clerk to Enter Default against Relief Defendant Kester-Archwood LLC filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Rebecca M. Unruh)(Unruh, Rebecca) |
Filing 182 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, served on August 15, 2012. (Unruh, Rebecca) |
Filing 181 SUPPLEMENT to MOTION to Compel Discovery Responses #177 L.R. 37-2.3 Supplementary Memorandum filed by Plaintiff Federal Trade Commission. (Koegel, Christopher) |
Filing 180 NOTICE OF MOTION AND MOTION to Strike Relief Defendants' Jury Demand and Affirmative Defenses filed by Plaintiff Federal Trade Commission. Motion set for hearing on 9/17/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Proposed Order)(Unruh, Rebecca) |
Filing 179 NOTICE OF MOTION AND MOTION for Order for Granting Receiver's Motion to Transfer Funds to Receivership Estate Account filed by Receiver Thomas W McNamara. Motion set for hearing on 9/17/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Thomas W. McNamara, #3 Declaration of Jeffrey P. Matthews, #4 Proposed Order, #5 Proof of Service)(Benjamin, Daniel) |
Filing 178 ORDER by Judge R. Gary Klausner: granting #176 Application to Appear Pro Hac Vice by Attorney Helen Wong on behalf of plaintiff, designating Raymond McKown as local counsel. (ak) |
Filing 177 NOTICE OF MOTION AND MOTION to Compel Discovery Responses filed by Plaintiff Federal Trade Commission. Motion set for hearing on 8/28/2012 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Memorandum Joint Stipulation re: Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #2 Declaration Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #3 Exhibit Exhibit A to Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #4 Exhibit Exhibit B to Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #5 Exhibit Exhibits C & D to Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #6 Exhibit Exhibit E to Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #7 Exhibit Exhibit F to Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses, #8 Declaration Declaration of Christopher L. Pitet and Exhibits 1-3 of Same, #9 Exhibit Exhibits 4-7 to Declaration of Christopher L. Pitet, #10 Proposed Order [Proposed] Order Granting Plaintiff Federal Trade Commission's Motion to Compel Discovery Responses)(Koegel, Christopher) |
Filing 176 APPLICATION for attorney Helen P. Wong to Appear Pro Hac Vice (PHV FEE WAIVED.) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Unruh, Rebecca) |
Filing 175 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #174 , Answer to Complaint #173 , Answer to Complaint #172 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (shb) |
Filing 174 ANSWER to Amended Complaint,, #160 filed by Relief Defendant Vesper Collins LLC.(Markham, John) |
Filing 173 ANSWER to Amended Complaint,, #160 filed by Relief Defendant Ramillies LLC.(Markham, John) |
Filing 172 ANSWER to Amended Complaint,, #160 JURY DEMAND. filed by Relief Defendant Innsbruck LLC.(Markham, John) |
Filing 171 NOTICE of Appearance filed by attorney John James Markham, II on behalf of Defendant Innsbruck LLC (Markham, John) |
Filing 170 NOTICE of Appearance filed by attorney John James Markham, II on behalf of Defendant Ramillies LLC (Markham, John) |
Filing 169 NOTICE of Appearance filed by attorney John James Markham, II on behalf of Defendant Vesper Collins LLC (Markham, John) |
Filing 168 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Relief Defendant Innsbruck LLC served on 6/29/2012, answer due 7/20/2012. Service of the Summons and Complaint were executed upon Innsbruck, LLC in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. (Unruh, Rebecca) |
Filing 167 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Proof of Service #162 , for the following reasons: title page missing. (vdr) |
Filing 166 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #162 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rne) |
Filing 165 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, Vesper Collins, LLC f/k/a DMHT Holding, LLC served on 06/29/2012. (Unruh, Rebecca) |
Filing 164 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, Ramillies, LLC served on 07/07/2012. (Unruh, Rebecca) |
Filing 163 PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, Kester-Archwood, LLC served on 07/10/2012. (Unruh, Rebecca) |
Filing 162 [DOCUMENT IS STRICKEN] PROOF OF SERVICE filed by Plaintiff Federal Trade Commission, Innsbruck, LLC served on 06/29/2012. (Unruh, Rebecca) Modified on 7/12/2012 (vdr). |
Filing 161 MINUTES (IN CHAMBERS) ORDER RE: MOTION #143 FOR ORDER PERMITTING PAYMENT OF ATTORNEYS' FEES FROM FROZEN ASSETS by Judge R. Gary Klausner. Upon review and consideration of the parties arguments, the Court hereby denies without prejudice Defendants request for payment of attorneys fees from frozen assets. (vdr) |
21 DAY Summons Issued re First Amended Complaint, #160 as to Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Kevin Medley, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (shb) |
21 DAY Summons Issued re First Amended Complaint,, #160 as to Defendants Innsbruck LLC, Kester-Archwood LLC, Ramillies LLC, Vesper Collins LLC. (shb) |
Filing 160 FIRST AMENDED COMPLAINT against Defendant Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Kevin Medley, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, Kester-Archwood LLC, Vesper Collins LLC, Innsbruck LLC, Ramillies LLC amending Complaint - (Discovery) #1 ,filed by Plaintiff Federal Trade Commission (shb) (Additional attachment(s) added on 6/29/2012: #1 summons on first amended complaint) (shb). Modified on 7/13/2012 (shb). |
Filing 159 ORDER GRANTING PLAINTIFF'S MOTION #149 FOR LEAVE TO FILE AMENDED COMPLAINT by Judge R. Gary Klausner. (vdr) |
Filing 158 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Re: Plaintiff's Motion #149 for Leave to File Amended Complaint. The Court hereby advises counsel that the above-referenced motion, noticed for hearing on 6/11/2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. (vdr) |
Filing 157 REPLY in support MOTION for Leave to File Amended Complaint #149 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Plaintiff's Counsel Christopher T. Koegel in Reply to Defendants' Oppostion to Motion for Leave to File Amended Complaint)(Koegel, Christopher) |
Filing 156 DECLARATION of Michael J. Grobaty Opposition MOTION for Leave to File Amended Complaint #149 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Grobaty, Michael) |
Filing 155 OPPOSITION Opposition re: MOTION for Leave to File Amended Complaint #149 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Exhibit Exhibit 1 to Opp to P's Mt for Leave to file Amended Complaint)(Grobaty, Michael) |
Filing 154 MINUTES (IN CHAMBERS) ORDER by Judge R. Gary Klausner: Motion of Defendants for Order Permitting Payment of Attorneys' Fees from Frozen Funds (DE 143). The Court hereby advises counsel that the above-referenced motion noticed for hearing on May 21, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. (shb) |
Filing 153 NOTICE OF LODGING filed re MOTION for Leave to File Amended Complaint #149 (Attachments: #1 Proposed First Amended Complaint)(Gressin, Seena) |
Filing 152 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Document (Non-Motion) #150 , for the following reasons: Counsel has not been granted leave to file an amended complaint. Initiating documents must be manually filed; (rne) |
Filing 151 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Document (Non-Motion) #150 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events > Notices > Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rne) |
Filing 150 AMENDED DOCUMENT filed by Plaintiff Federal Trade Commission. Proposed First Amended Complaint. (Unruh, Rebecca) |
Filing 149 NOTICE OF MOTION AND MOTION for Leave to File Amended Complaint filed by Plaintiff Federal Trade Commission. Motion set for hearing on 6/11/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Unruh, Rebecca) |
Filing 148 REPLY Support MOTION for Attorney Fees #143 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Declaration)(Grobaty, Michael) |
Filing 147 ORDER by Judge R. Gary Klausner: granting #137 Application of Receiver for Fees and expenses of the Receiver and his Professionals. $14,770.80 to the Receiver and $51,586.99 to the Receiver's counsel, Ballard Spahr LLP, $10,852.67 to the Receiver's accountant, Jeffrey P Matthews, CPA, and $612.50 to the Receiver's computer forensic expert, Dataclues Inc. (shb) |
Filing 146 OPPOSITION to MOTION for Attorney Fees #143 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Christopher T. Koegel)(Unruh, Rebecca) |
Filing 145 DECLARATION of Christopher L. Pitet in support of MOTION for Attorney Fees #143 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Exhibit 1 through 4)(Pitet, Christopher) |
Filing 144 MEMORANDUM in Support of MOTION for Attorney Fees #143 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Proposed Order for Attorneys' Fees)(Pitet, Christopher) |
Filing 143 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendant Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. Motion set for hearing on 5/21/2012 at 09:00 AM before Judge R. Gary Klausner. (Pitet, Christopher) |
Filing 142 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: The above-referenced motion, set for hearing on April 30, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) |
Filing 141 STATEMENT Non-Opp'n to Rec'ver's Second Interim Appl'n for Fees and Expenses filed by Plaintiff Federal Trade Commission re: Second APPLICATION for Order for Approving Fees and Expenses of the Receiver and His Professionals #137 . (Gressin, Seena) |
Filing 140 REPLY in support of Second APPLICATION for Order for Approving Fees and Expenses of the Receiver and His Professionals #137 filed by Receiver Thomas W McNamara. (Attachments: #1 PROOF OF SERVICE)(Benjamin, Daniel) |
Filing 139 DECLARATION of Christopher L. Pitet in opposition to Second APPLICATION for Order for Approving Fees and Expenses of the Receiver and His Professionals #137 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Exhibit A)(Pitet, Christopher) |
Filing 138 OPPOSITION to Second APPLICATION for Order for Approving Fees and Expenses of the Receiver and His Professionals #137 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Pitet, Christopher) |
Filing 137 Second APPLICATION for Order for Approving Fees and Expenses of the Receiver and His Professionals filed by Receiver Thomas W McNamara. Application set for hearing on 4/30/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of Thomas W. McNamara, #2 Proposed Order, #3 Proof of Service)(Robertson, Andrew) |
Filing 136 FIRST INTERIM REPORT of RECEIVER filed by Receiver Thomas W McNamara. (Attachments: #1 Proof of Service)(McNamara, Thomas) |
Filing 135 ORDER FOR COURT TRIAL by Judge R. Gary Klausner. (vdr) |
Filing 134 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner. A pretrial conference is set for 12/17/2012 at 9:00 AM and a court trial for 1/8/2013 at 9:00 AM. (vdr) |
Filing 133 JUDGMENT AND PERMANENT INJUNCTION by Judge R. Gary Klausner, in favor of Federal Trade Commission against Kevin Medley: IT IS THEREFORE ORDERED that Settling Defendant, whether acting directly or through any other person, is permanently restrained and enjoined from: A. Engaging in debt collection activities or assisting others engaged in debt collection activities;B. Advertising, marketing, promoting, offering for sale, or selling anydebt collection products or services; and C. Assisting others engaged in advertising, marketing, promoting, offering for sale, or selling any debt collection products or services. IT IS FURTHER ORDERED that: Judgment is hereby entered against Settling Defendant Kevin Medley in the amount of THREE HUNDRED NINETY THOUSAND TWO HUNDRED THIRTY-SIX DOLLARS ($390,236), without an admission of liability, provided, however, that, as long as the Court makes no finding, as provided in Section V of this Order, that Settling Defendant materially misrepresented or omitted the nature, existence, or value of any asset, the judgment shall be suspended upon his payment to the FTC or its designated agent of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500). (See order for further details). (shb) |
Filing 132 JUDGMENT AND PERMANENT INJUNCTION by Judge R. Gary Klausner, in favor of Federal Trade Commission against Frank E. Lindstrom, Jr,.: IT IS THEREFORE ORDERED that Settling Defendant, whether acting directly or through any other person, is permanently restrained and enjoined from: Engaging in debt collection activities or assisting others engaged in debt collection activities; Advertising, marketing, promoting, offering for sale, or selling anydebt collection products or services; and Assisting others engaged in advertising, marketing, promoting, offering for sale, or selling any debt collection products or services; IT IS FURTHER ORDERED that Settling Defendant and his officers, agents, servants, employees, and attorneys, and those persons or entities in active concert or participation with him who receive actual notice of this Order by personal service, facsimile transmission, email, or otherwise, whether acting directly or through any corporation, subsidiary, division, or other device, in connection with the marketing, sale, or advertisement of any financial-related product or service, or any other product or service, are hereby permanently restrained and enjoined from misrepresenting, or assisting others in misrepresenting, expressly or by implication, any material fact. IT IS FURTHER ORDERED that: Judgment is hereby entered against Settling Defendant Frank E. Lindstrom, Jr. in the amount of SIX HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED TWENTY-NINE DOLLARS ($672,729), without an admission of liability, provided, however, that, as long as the Court makes no finding, as provided in Section V of this Order, that Settling Defendant materially misrepresented or omitted the nature, existence, or value of any asset, the judgment shall be suspended upon his payment to the FTC or its designated agent of TWENTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($29,500). (See order for further details). (shb) |
Filing 131 ORDER FOR JURY TRIAL by Judge R. Gary Klausner. (vdr) |
Filing 130 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. The Court and counsel confer and set the following dates: jury trial 1/8/2013 at 9:00 AM; pretrial conference 12/17/2012 at 9:00 AM; motion cutoff 10/24/2012; discovery cutoff 10/10/2012; last day to motion the Court to amend complaint or add parties is 5/10/2012.Court Reporter: Nichole Rhynard. (vdr) |
Filing 129 ORDER/REFERRAL to ADR Procedure No 1 by Judge R. Gary Klausner. Case ordered to Magistrate Judge for Settlement Conference. (vdr) |
Filing 128 PROOF OF SERVICE filed by plaintiff Federal Trade Commission, re Stipulation for Judgment #125 served on March 8, 2012. (Gressin, Seena) |
Filing 127 PROOF OF SERVICE filed by plaintiff Federal Trade Commission, re Stipulation for Judgment #126 served on March 8, 2012. (Gressin, Seena) |
Filing 126 STIPULATION for Judgment as to Defendant Kevin Medley filed by plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Koegel, Christopher) |
Filing 125 STIPULATION for Judgment as to Defendant Frank E. Lindstrom, Jr. filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Koegel, Christopher) |
Filing 124 ORDER GRANTING THIRD PARTY SECURED CREDITOR BANK OF AMERICAS MOTION FOR ORDER VACATING INJUNCTION (In Chambers) by Judge Jacqueline H. Nguyen: granting #103 Motion for Order. Before the Court is third party secured creditor Bank of Americas unopposed Motion for Order Vacating Injunction as to Property Located at 1363 Donlon Street Unit 19, Ventura, California 93004 (Motion). (Docket no. 103.) For the reasons stated below, Bank of Americas Motion is GRANTED. (ama) |
Filing 123 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Gressin, Seena) |
Filing 122 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6 days, filed by Plaintiff Federal Trade Commission.. (Gressin, Seena) |
Filing 121 ORDER GRANTING Release of Funds from Asset Freeze for Living Expenses with Respect to David M. Hynes, Jr., and Lorena Hynes #111 by Judge R. Gary Klausner. (See attached Order for further details). (jp) |
Filing 120 MINUTES (IN CHAMBERS) by Judge R. Gary Klausner: The Court GRANTS in part and DENIES in part the Receiver's Motion #91 . Specifically, the Court finds that (1) Defendants business should remain inoperative, (2) Defendants lease on office space at 14532 Friar Street should be terminated, and (3) Defendants' office furniture and equipment should not be liquidated, but rather placed in storage by the Receiver. (jp) |
Filing 119 ORDER TAKING MOTIONS OFF-CALENDAR AND UNDER SUBMISSION (In Chambers)by Judge Jacqueline H. Nguyen: re MOTION for Order #103 .The Court finds the matter(s) appropriate for submission on the papers without oral argument. See Fed. R. Civ. P. 78(b) and Local Rule 7-15 (the Court may dispense with oral argument on any matter unless otherwise required). The matter(s) is/are, therefore, removed from the Court's calendar subject to resetting should the Court deem oral argument is needed. (ama) |
Filing 118 OPPOSITION to Defendants' Ex Parte Application for Leave to File Sur-Reply in Response to Receiver's Filing of Supplemental Authority OPPOSITION re: EX PARTE APPLICATION for Leave to file sur-reply #116 filed by Receiver Thomas W McNamara. (Benjamin, Daniel) |
Filing 117 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Leave to file sur-reply #116 . 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. (rne) |
Filing 116 EX PARTE APPLICATION for Leave to file sur-reply filed by defendant Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, Specialized Recovery, Inc..(Pitet, Christopher) |
Filing 115 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner Re: Motion #91 for Order. The hearing on 2/13/12 has been taken under submission and is off the motion calendar. (vdr) |
Filing 114 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, re Statement, #113 served on 2/7/2012. (Pirro, Jacqueline) |
Filing 113 STATEMENT Non-Opposition to Bank of America's Motion for Order Vacating Injunction as to Property located at 1363 Donlon Street, Unit 19, Ventura, CA 93004 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True (Attachments: #1 Exhibit)(Pirro, Jacqueline) |
Filing 112 Proof OF SERVICE filed by Defendant David M. Hynes, II, Lorena Quiroz-Hynes, re Stipulation for Relief #111 served on 2/7/2012. (Pirro, Jacqueline) |
Filing 111 STIPULATION for Relief from Asset Freeze for Living Expenses with Respect to Defendants David M. Hynes, Jr. and Lorena Hynes filed by Defendants David M. Hynes, II, Lorena Quiroz-Hynes. (Attachments: #1 Proposed Order)(Pirro, Jacqueline) |
Filing 110 NOTICE OF NON-OPPOSITION to MOTION for Order for VACATING INJUNCTION AS TO PROPERTY LOCATED AT 1363 DONLON STREET UNIT 19, VENTURA CA 93004 #103 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Gressin, Seena) |
Filing 109 NOTICE OF NON-OPPOSITION to MOTION for Order for VACATING INJUNCTION AS TO PROPERTY LOCATED AT 1363 DONLON STREET UNIT 19, VENTURA CA 93004 #103 filed by Receiver Thomas W McNamara. (Benjamin, Daniel) |
Filing 108 NOTICE of Supplemental Authority re: Receiver's Motion to Approve Wind Down of Receivership Defendants' Business, Liquidation of Furniture and Equipment, and Return of Premises to Landlord filed by Attorneys for Court-Appointed Receiver Thomas W McNamara. (Benjamin, Daniel) |
Filing 107 NOTICE OF REFERRAL OF MOTION: Pursuant to Courts Minute Order filed 01/31/2012, the Motion for Order Vacating Injunction as to property located at 1363 Donlon Street Unit 19, Ventura, CA 93004 (DE 103) is hereby referred to Judge Jacqueline H. Nguyen for determination. (rn) |
Filing 106 MINUTE IN CHAMBERS ORDER DIRECTING CLERK TO REASSIGN MOTION FOR DECISION by Judge R. Gary Klausner: On January 25, 2012, Third Party Secured Creditor Bank of America, N.A. filed a Motion for Order Vacating Injunction as to Property Located at 1363 Donlon Street Unit 19, Ventura, CA 93004 (DE 103). Due to financial interests held by the Court, the clerk is hereby directed to reassign the motion for determination. (shb) |
Filing 105 REPLY in Support of MOTION for Order for To Approve Wind Down of Receivership Defendants' Business, Liquidation of Furniture and Equipment, and Return of Premises to Landlord #91 filed by Receiver Thomas W McNamara. (Attachments: #1 Declaration)(Benjamin, Daniel) |
Filing 104 PROOF OF SERVICE filed by Creditor Bank of America NA, re MOTION for Order for VACATING INJUNCTION AS TO PROPERTY LOCATED AT 1363 DONLON STREET UNIT 19, VENTURA CA 93004 #103 served on 1/24/2012. (shb) |
Filing 103 NOTICE OF MOTION AND MOTION FOR ORDER VACATING INJUNCTION AS TO PROPERTY LOCATED AT 1363 DONLON STREET UNIT 19, VENTURA CA 93004; MEMORANDUM OF POINTS AND DECLARATIONS OF DANIEL MAI AND WAYNE R TERRY IN SUPPORT THEREOF filed by Secured Creditor Bank of America NA. Motion set for hearing on 2/27/2012 at 09:00 AM before Judge R. Gary Klausner. (shb) (Main Document 103 replaced on 8/8/2014) (tad). |
Filing 102 MINUTES (IN CHAMBERS) ORDER by Judge R. Gary Klausner: re #76 Application of Receiver for Order Approving Fees and Expenses. (rne) |
Filing 101 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, re MEMORANDUM in Opposition to Motion, #99 , Declaration (Motion related), Declaration (Motion related) #100 served on 1/24/12. (Pirro, Jacqueline) |
Filing 100 DECLARATION of David J. Hynes, Jr. in opposition to MOTION for Order for To Approve Wind Down of Receivership Defendants' Business, Liquidation of Furniture and Equipment, and Return of Premises to Landlord #91 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, Specialized Recovery, Inc.. (Attachments: #1 Exhibit A through G, #2 Exhibit H through K)(Pitet, Christopher) |
Filing 99 MEMORANDUM in Opposition to MOTION for Order for To Approve Wind Down of Receivership Defendants' Business, Liquidation of Furniture and Equipment, and Return of Premises to Landlord #91 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, Specialized Recovery, Inc.. (Pitet, Christopher) |
Filing 98 RESPONSE IN SUPPORT of MOTION for Order for To Approve Wind Down of Receivership Defendants' Business, Liquidation of Furniture and Equipment, and Return of Premises to Landlord #91 filed by Plaintiff Federal Trade Commission. (Unruh, Rebecca) |
Filing 97 Notice of Withdrawal of Motion to Strike, #85 filed by Plaintiff Federal Trade Commission. (Unruh, Rebecca) |
Filing 96 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, re Amended Answer to Complaint, #95 served on January 10, 2012. (Pirro, Jacqueline) |
Filing 95 AMENDED ANSWER filed by Defendants Forensic Case Management Services, Inc., James Hynes, Specialized Recovery, Inc., David M. Hynes, II, Lorena Quiroz-Hynes, Frank E. Lindstrom, Jr, Commercial Receivables Acquisition, Inc., Heather True. (Pirro, Jacqueline) |
Filing 94 MINUTES OF APPLICATION FOR ORDER GRANTING FIRST INTERIM APPLICATION OF RECEIVER FOR FEES AND EXPENSES (DE 76). Court and counsel confer re Receivers fees and expenses. : taking under submission #76 Application for Order; Motion Hearing held before Judge R. Gary Klausner:Court Reporter: Nichole Rhynard. (shb) |
Filing 93 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, re Amended Answer to Complaint, #92 served on January 9, 2012. (Pirro, Jacqueline) |
Filing 92 AMENDED ANSWER filed by Defendants Forensic Case Management Services, Inc., James Hynes, Specialized Recovery, Inc., David M. Hynes, II, Lorena Quiroz-Hynes, Frank E. Lindstrom, Jr, Commercial Receivables Acquisition, Inc., Heather True. (Pirro, Jacqueline) |
Filing 91 NOTICE OF MOTION AND MOTION for Order for To Approve Wind Down of Receivership Defendants' Business, Liquidation of Furniture and Equipment, and Return of Premises to Landlord filed by Receiver Thomas W McNamara. Motion set for hearing on 2/13/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order, #4 Proof of Service)(Benjamin, Daniel) |
Filing 90 ORDER by Judge R. Gary Klausner: granting #80 Request to Substitute Attorney. Added attorney Owen T Mascott for Frank E. Lindstrom, Jr. Shannon R Wolf; Michael J Grobaty and Jacqueline Alexis Pirro terminated as to defendant Frank Lindstrom Jr. (rne) |
Filing 89 REPLY In Support of Motion APPLICATION for Order for Granting First Interim Application of Receiver for Fees and Expenses of the Receiver and His Professionals #76 filed by Receiver Thomas W McNamara. (Attachments: #1 Declaration, #2 Proof of Service)(McNamara, Thomas) |
Filing 88 MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: re: APPLICATION for Order for Granting First Interim Application of Receiver for Fees and Expenses of the Receiver and His Professionals #76 . The above-referenced motion, noticed for hearing on January 9, 2012, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. (rne) |
Filing 86 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, served on December 27, 2011. (Pirro, Jacqueline) |
Filing 85 [DOCUMENT WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL DATED 1/12/12] - NOTICE OF MOTION AND MOTION to Strike Defendants' Second Affirmative Defense filed by Plaintiff Federal Trade Commission. Motion set for hearing on 1/30/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff's Motion to Strike Defendants' Second Affirmative Defense, #2 Proposed Order re: Plaintiff's Motion to Strike Defendants' Second Affirmative Defense)(Koegel, Christopher) Modified on 1/13/2012 (shb). |
Filing 84 DECLARATION of David M. Hynes in opposition to APPLICATION for Order for Granting First Interim Application of Receiver for Fees and Expenses of the Receiver and His Professionals #76 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Pitet, Christopher) |
Filing 83 OBJECTION opposition to re: APPLICATION for Order for Granting First Interim Application of Receiver for Fees and Expenses of the Receiver and His Professionals #76 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Pitet, Christopher) |
Filing 87 AMENDED ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner: Scheduling Conference set for 3/12/2012 09:00 AM before Judge R. Gary Klausner. (rne) |
Filing 82 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner: Scheduling Conference set for 3/12/2012 09:00 AM before Judge R. Gary Klausner. (rne) |
Filing 81 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 6-10 days, filed by Plaintiff Federal Trade Commission.. (Gressin, Seena) |
Filing 80 REQUEST to Substitute attorney Owen Mascott in place of attorney Jacqueline Turner, Michael Grobaty, Christopher Pitet, Shannon Wolf filed by Defendant Frank E. Lindstrom, Jr. (Attachments: #1 Proposed Order)(Pirro, Jacqueline) |
Filing 79 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, served on December 5, 2011. (Pirro, Jacqueline) |
Filing 78 AMENDED ANSWER to Complaint filed by Defendants Forensic Case Management Services, Inc., James Hynes, Specialized Recovery, Inc., David M. Hynes, II, Lorena Quiroz-Hynes, Commercial Receivables Acquisition, Inc., Heather True, Frank E Lindstron, Jr. (Pirro, Jacqueline) Modified on 12/6/2011 (shb). |
Filing 77 DENIED ORDER by Judge R. Gary Klausner, re Stipulation to Continue #73 . (vdr) |
Filing 76 APPLICATION for Order for Granting First Interim Application of Receiver for Fees and Expenses of the Receiver and His Professionals filed by Receiver Thomas W McNamara. Application set for hearing on 1/9/2012 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 McNamara Declaration in Support of Receiver's First Interim Application for Fees and Expenses, #2 Exhibits to McNamara Declaration, #3 Proposed Order, #4 Proof of Service)(Robertson, Andrew) |
Filing 75 ORDER GRANTING LIMITED RELIEF FROM ASSET FREEZE WITH RESPECT TO DEFENDANT KEVIN MEDLEY by Judge R. Gary Klausner: IT IS ORDERED that the asset freeze provisions of the Preliminary Injunction issued in this matter on September 27, 2011 be modified as follows for the purpose of releasing funds to pay living expenses and attorneys fees for defendant Kevin Medley and liquidating assets and preserving value during the pendency of this action. (See Order for specific details)re Stipulation for Relief #74 (yl) |
Filing 74 Amended STIPULATION for Relief from the Asset Freeze with respect to Defendant Kevin Medley re Stipulation for Attorney Fees #65 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Unruh, Rebecca) |
Notice of Electronic Filing re Stipulation to Continue #73 e-mailed to Receiver Thomas W. McNamara bounced due to invalid e-mail address. The primary e-mail address associated with the Receiver record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. (jj) TEXT ONLY ENTRY |
Filing 73 STIPULATION to Continue All Filing and Service Deadlines With Respect To Defendant Kevin Medley For 120 Days filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Christopher T. Koegel, #2 Proposed Order)(Unruh, Rebecca) |
Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery), Answer to Complaint (Discovery) #70 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. (rne) |
Filing 71 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, served on November 14,2011. (Pirro, Jacqueline) |
Filing 70 ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 with JURY DEMAND filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True.(Pirro, Jacqueline) |
Filing 69 DENIED ORDER by Judge R. Gary Klausner, re Stipulation #67 . (vdr) |
Filing 68 PROOF OF SERVICE filed by Defendant Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, Joint Stipulation to Extend Time to Respond to Initial Complaint & Proposed Order served on November 4, 2011. (Pirro, Jacqueline) |
Filing 67 Joint STIPULATION Extending Time to Answer the complaint as to Forensic Case Management Services, Inc. answer now due 12/7/2011; James Hynes answer now due 12/7/2011; Specialized Recovery, Inc. answer now due 12/7/2011; David M. Hynes, II answer now due 12/7/2011; Lorena Quiroz-Hynes answer now due 12/7/2011; Frank E. Lindstrom, Jr answer now due 12/7/2011; Commercial Receivables Acquisition, Inc. answer now due 12/7/2011; Heather True answer now due 12/7/2011, filed by Defendant Forensic Case Management Services, Inc.; James Hynes; Specialized Recovery, Inc.; David M. Hynes, II; Lorena Quiroz-Hynes; Frank E. Lindstrom, Jr; Commercial Receivables Acquisition, Inc.; Heather True. (Attachments: #1 Proposed Order)(Pirro, Jacqueline) |
Filing 66 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Attorney Fees #65 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events > Stipulations > Relief. 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. (rne) |
Notice of Electronic Filing re Stipulation for Attorney Fees #65 e-mailed to mcnamara@ballardspahr.com bounced due to Unknown address. Primary e-mail mcnamarat@ballardspahr.com had already been corrected. Bounced email fowarded corrected address. Notice of Electronic Filing resent addressed to mcnamarat@ballardspahr.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. (Wilson, Tammie) TEXT ONLY ENTRY |
Filing 65 STIPULATION for Attorney Fees in the amount of $TBD filed by plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Re Defendant Kevin Medly For Living Expenses and Attorneys Fees)(Gressin, Seena) |
Filing 64 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, served on October 28, 2011. (Pirro, Jacqueline) |
Filing 63 PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, served on October 28, 2011. (Pirro, Jacqueline) |
Filing 62 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS Re: Proofs of Service #57 and #59 . The document is stricken and counsel is ordered to file an amended or corrected document by 11/1/2011. (vdr) |
Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), Proof of Service (subsequent documents) #57 , Proof of Service (subsequent documents), Proof of Service (subsequent documents) #59 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rne) |
Filing 60 ORDER GRANTING Release of Funds from Asset Freeze for Payment of Attorneys Fees #56 by Judge R. Gary Klausner that the asset freeze provisions of the Preliminary Injunction issued in this matter on 9/27/2011 be modified as follows for the purpose of a release of $20,000 to pay attorneys' fees for defendants Forensic Case Management Services, Inc., Specialized Recovery, Inc., Commercial Receivables Acquisition, Inc., David M. Hynes, James Hynes, Heather True, Frank E. Lindstrom, Jr., and Lorena Quiroz-Hynes Services, Inc., Specialized Recovery, Inc., Commercial Receivables Acquisition, Inc., David M. Hynes, James Hynes, Heather True, Frank E. Lindstrom, Jr., and Lorena Quiroz-Hynes. IT IS ORDERED that $20,000 for attorneys' fees be released from the sum of $90,000 identified as "Cash on Hand" at Item 12, page 6, of the sworn financial statement of David M. Hynes dated September 23, 2011. (jp) |
Filing 59 [DOCUMENT IS STRICKEN] PROOF OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, Proof of Service served on October 24, 2011. (Wolf, Shannon) Modified on 10/26/2011 (vdr). |
Filing 58 NOTICE of Change of Attorney Information for attorney Shannon R Wolf counsel for Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. Adding Shannon R. Wolf as attorney as counsel of record for Defendants for the reason indicated in the G-06 Notice. Filed by Attorney Shannon R. Wolf (Wolf, Shannon) |
Filing 57 [DOCUMENT IS STRICKEN] OF SERVICE filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True, Proof of Service served on October 24, 2011. (Pirro, Jacqueline) Modified on 10/26/2011 (vdr). |
Filing 56 STIPULATION for Attorney Fees in the amount of $20,000 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Proposed Order)(Grobaty, Michael) |
Filing 55 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Reply #54 , for the following reasons: requires leave of Court. (vdr) |
Filing 54 [DOCUMENT IS STRICKEN] REPLY In Support of EX PARTE APPLICATION for Order for Approval of Wind Down of Defendants' Business, Liquidation of Office Furnishings and Return of Office Space to Landlords #49 filed by Receiver Thomas W McNamara. (Attachments: #1 Declaration, #2 POS)(Benjamin, Daniel) Modified on 10/21/2011 (vdr). |
Filing 53 DECLARATION of Jacqueline A. Turner in opposition to EX PARTE APPLICATION for Order for Approval of Wind Down of Defendants' Business, Liquidation of Office Furnishings and Return of Office Space to Landlords #49 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, Specialized Recovery, Inc.. (Attachments: #1 Exhibit A and B)(Pitet, Christopher) |
Filing 52 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Approval of Wind Down of Defendants' Business, Liquidation of Office Furnishings and Return of Office Space to Landlords #49 filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, Specialized Recovery, Inc.. (Pitet, Christopher) |
Filing 51 MEMORANDUM in Support of EX PARTE APPLICATION for Order for Approval of Wind Down of Defendants' Business, Liquidation of Office Furnishings and Return of Office Space to Landlords #49 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proof of Service K. Medley)(Unruh, Rebecca) |
Filing 50 DECLARATION of THOMAS W. MCNAMARA IN SUPPORT OF EX PARTE APPLICATION for Order for Approval of Wind Down of Defendants' Business, Liquidation of Office Furnishings and Return of Office Space to Landlords #49 filed by Receiver Thomas W McNamara. (Attachments: #1 POS)(Benjamin, Daniel) |
Filing 49 EX PARTE APPLICATION for Order for Approval of Wind Down of Defendants' Business, Liquidation of Office Furnishings and Return of Office Space to Landlords filed by RECEIVER Thomas W McNamara. (Attachments: #1 Proposed Order, #2 POS)(Benjamin, Daniel) |
Filing 48 ORDER by Judge R. Gary Klausner, GRANTING Stipulation for Relief From Asset Freeze with Respect to Individual Defendants #46 (shb) |
Filing 47 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Preliminary Injunction #38 . An incomplete copy of the order was posted to the docket (pages 8 and 9 were missing). Corrections have been made by replacing the incomplete copy with a full copy, which now appears at docket entry #38 . (Attachments: #1 Preliminary Injunction Order) (rne) |
Filing 46 STIPULATION for Relief from Asset Freeze with Respect to Individual Defendants filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (Attachments: #1 Proposed Order)(Pirro, Jacqueline) |
Filing 45 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Federal Trade Commission.(Unruh, Rebecca) |
Filing 38 PRELIMINARY INJUNCTION by Judge R. Gary Klausner, Document sealed. See preliminary injunction for findings of fact and orders of the Court. (rne) (Main Document 38 replaced on 10/12/2011) (rne). |
Filing 44 SEALED DOCUMENT- APPENDIX to Preliminary Report of Receiver. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7)(mat) |
Filing 43 SEALED DOCUMENT- Preliminary Report of Receiver. (mat) |
Filing 42 NOTICE OF FILING of Bond of Receiver in the amount of $1,000,000.00 posted by Thomas W McNamara, Court appointed Receiver for Forensic Case Management Services; Bond No: 43BSBGC3844, filed by Thomas W McNamara. (mat) Modified on 10/4/2011 (mat). |
Filing 41 NOTICE of Appearance of Counsel (mat) |
Filing 40 NOTICE of Appearance of Counsel. (mat) Modified on 9/29/2011 (mat). |
Filing 39 NOTICE of Appearance of Counsel. (mat) Modified on 9/29/2011 (mat). |
Filing 34 SEALED DOCUMENT- Plaintiff's Reply in Support of Request for Preliminary Injunction, Order Continuing Asset Freeze and Other Provisions of the TRO, and Appointing a Permanent Receiver. (mat) |
Filing 37 SEALED DOCUMENT- PROOFOF SERVICE (mat) |
Filing 36 SEALED DOCUMENT- Order Clarifying that Temporary Restraining Order Remains in Effect Until Further Order of The Court. (mat) |
Filing 35 SEALED DOCUMENT- Plaintiff's Unopposed APPLICATION for Clarification that the September 13, 2011 Temporary Restraining Order Remains in Effect Until The Court Rules on the Requested Preliminary Injunction. (mat) |
Filing 33 Opposition of Defendant to Issuance of #4 Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof filed by Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, Specialized Recovery, Inc. (mat) |
Filing 32 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Commercial Receivables Acquisition, Inc. served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon David M. Hynes, Agent of Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (mat) |
Filing 31 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Frank E. Lindstrom, Jr served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon Frank E. Lindstrom, Jr. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (mat) |
Filing 30 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant David M. Hynes, II served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon David M. Hynes II, A/K/A David M. Hynes, JR. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (mat) Modified on 9/27/2011 (mat). |
Filing 29 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Forensic Case Management Services, Inc. served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon David M. Hynes, Agent of Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (mat) |
Filing 28 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Specialized Recovery, Inc. served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon David M. Hynes, Agent of Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (mat) Modified on 9/27/2011 (mat). |
Filing 27 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Kevin Medley served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon Kevin Medley in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (mat) |
Filing 26 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Lorena Quiroz-Hynes served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon Lorena Quiroz-Hynes A/K/A Lorena Quiroz and Lorena Hynes in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (mat) Modified on 9/27/2011 (mat). |
Filing 25 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant James Hynes served on 9/15/2011, answer due 10/6/2011. Service of the Summons and Complaint were executed upon James Hynes in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (mat) |
Filing 24 SEALED DOCUMENT- Plaintiff's Notice that Service of Temporary Restraining Order has Been Made Upon all Defendants. (mat) (Main Document 24 replaced on 9/27/2011) (mat). |
21 DAY Summons Issued re Complaint #1 as to Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr., Kevin Medley, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. (car) |
Filing 23 SEALED DOCUMENT - PLAINTIFF'S RECOMMENDATION FOR TEMPORARY RECEIVER (cbr) |
Filing 22 SEALED ORDER by Judge R. Gary Klausner: granting #12 Application to Appear Pro Hac Vice. (lt) |
Filing 21 SEALED ORDER by Judge R. Gary Klausner: granting #11 Application to Appear Pro Hac Vice. (lt) |
Filing 20 SEALED ORDER by Judge R. Gary Klausner: granting #15 Application to Appear Pro Hac Vice. (lt) |
Filing 19 SEALED DOCUMENT- Volume V of V (PX30) EXHIBITS to Plaintiff's Memorandum in Support of EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat) |
Filing 18 SEALED DOCUMENT- Volume IV of V (PX30) EXHIBITS to Plaintiff's Memorandum in Support of EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6)(mat) |
Filing 17 SEALED DOCUMENT- Volume III of V (PX29) EXHIBITS to Plaintiff's Memorandum in Support of EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered. (Attachments: Part 2, Part 3, Part 4)(mat) |
Filing 16 SEALED DOCUMENT- Volume II of V (PX17-PX28) EXHIBITS to Plaintiff's Memorandum in Support of EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6)(mat) |
Filing 15 APPLICATION for Non-Resident Attorney to Appear in a Specific Case. (PHV FEE NOT PAID.) (mat) |
Filing 14 SEALED DOCUMENT- Volume I of V (PX01-PX16) EXHIBITS to Plaintiff's Memorandum in Support of EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7)(mat) |
Filing 13 SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Plaintiff's EX PARTE APPLICATION for Temporary Restraining Order with an Asset Freeze, Appointment of Receiver, Expedite Discovery, and other Equitable Relief, and Order to Show Cause Why a Preliminary Injunction Should not be Entered. (mat) |
Filing 12 APPLICATION for Non-Resident Attorney to Appear in a Specific Case. (PHV FEE NOT PAID.) (mat) |
Filing 11 APPLICATION for Non-Resident Attorney to Appear in a Specific Case. (PHV FEE NOT PAID.) (mat) |
Filing 10 SEALED DOCUMENT- Certification and Declaration of Plaintiff's Counsel Christopher T. Koegel in Support of PLAINTIFF'S EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, And Other Equitable Relief, And Exparte Application to Temporarily Case File. (mat) |
Filing 9 SEALED DOCUMENT- EX PARTE Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered. (mat) |
Filing 4 PLAINTIFF'S EX PARTE APPLICATION for Temporary Restraining Order With An Asset Freeze, Appointment of Receiver, Expedited Discovery, And Other Equitable Relief, And Order to Show Cause Why A Preliminary Injunction Should Not Be Entered, filed by Federal Trade Commission. Lodged Proposed Order.(car) (car). |
Filing 8 ORDER by Judge R. Gary Klausner: granting #7 Ex Parte to Exceed Page Limits (car) |
Filing 7 PLAINTIFF'S EX PARTE To Exceed Page Limits And Incorporated Memorandum In Support Thereof, filed by Federal Trade Commission. Lodged Proposed Order.(car) (mg). |
Filing 6 PLAINTIFF'S LODGING OF PHYSICAL EXHIBITS filed by Federal Trade Commission (car) (mg). |
Filing 5 ATTACHMENTS LL AND NN TO PX 30 (Declaration of V. Budich) filed by Plaintiff Federal Trade Commission (car) Modified on 9/14/2011 (car). |
Filing 3 ORDER by Judge R. Gary Klausner: granting #2 Plaintiff's Ex Parte Application To Temporarily Seal Case File (car) |
Filing 2 PLAINTIFF'S EX PARTE APPLICATION To Temporarily Seal Case File; Memorandum in Support Thereof, filed by Federal Trade Commission. Lodged Proposed Order.(car) (mg). |
Filing 1 COMPLAINT against Defendants Commercial Receivables Acquisition, Inc., Forensic Case Management Services, Inc., David M. Hynes, II, James Hynes, Frank E. Lindstrom, Jr., Kevin Medley, Lorena Quiroz-Hynes, Specialized Recovery, Inc., Heather True. Case assigned to Judge R. Gary Klausner for all further proceedings. Discovery referred to Magistrate Judge Suzanne H Segal.(Filing fee $ 350 NO FEE REQUIRED), filed by plaintiff Federal Trade Commission.(car) (mg). (Additional attachment(s) added on 9/16/2011: #1 Summons issued) (car). |
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