Securities and Exchange Commission v. Yin Nan Michael Wang et al
| Securities and Exchange Commission |
| Bio Profit Series III LLC, Yin Nan Michael Wang, Velocity Investment Group Inc, Bio Profit Series V LLC, Bio Profit Series II LLC, Wendy Ko, Bio Profit Series I LLC and Rockwell Realty Management Inc |
| Denise Madigan and Receiver David P. Stapleton |
| REO Property Group, LLC |
| 2:2013cv07553 |
| October 15, 2013 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Suzanne H Segal |
| Securities/Commodities |
| Defendant |
Docket Report
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Filing 401
NOTICE OF DISCREPANCY AND ORDER: by Judge John A. Kronstadt, ORDERING Non Party Zheng Luo Motion to Join Parties and Motion to Vacate the Final Judgment submitted by Non-Party Zheng Luo received on 1/7/19 is not to be filed but instead rejected. Denial based on: The case is closed. Zheng Luo is not a party to the action. Luo may contact the SEC to determine what remedy, if any, can be made. (lom) Modified on 1/23/2019 (lom). cc to Havermaat - 1/23/19
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| Filing 400 ABSTRACT of Judgment issued in favor of Plaintiff Securities and Exchange Commission and against Yin Nan Michael Wang in the amount of $1,500,000.00 for Civil Penalty Plus Post Judgment Interest. (lwag) |
| Filing 399 ABSTRACT of Judgment issued in favor of Plaintiff Securities and Exchange Commission and against Yin Nan Michael Wang in the amount of $81,130,000.00 for Disgorgement and $6,506,297.38 for Plus Pre Judgment Interest. (lwag) |
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Filing 398
ORDER GRANTING EIGHTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER, DAVID P. STAPLETON, AND HIS COUNSEL OF RECORD, ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP by Magistrate Judge Suzanne H. Segal: IT IS HEREBY ORDERED AS FOLLOWS: 1. Fees and costs to the Receiver in the respective amounts of $69,136.50 and $327.38 are approved, and payment authorized out of assets of the Receivership Entities; and 2. Fees and costs to Allen Matkins in the respective amounts of $75,724.82 and $156.60 are approved, and payment authorized out of assets of the Receivership Entities. (mr)
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| Filing 397 DECLARATION of Receiver, David P. Stapleton In Support of Eighth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) #392 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 396 NOTICE of Errata Re: Docket No. 394 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit A)(del Castillo, Joshua) |
| Filing 395 NOTICE OF MOTION re Eighth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) #392 filed by Receiver David P. Stapleton. Motion set for hearing on 7/31/2018 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(del Castillo, Joshua) |
| Filing 394 DECLARATION of Receiver, David P. Stapleton In Support of Eighth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) #392 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 393 MEMORANDUM in Support of Eighth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 392 Eighth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) filed by Receiver David P. Stapleton. Application set for hearing on 7/31/2018 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (del Castillo, Joshua) |
| Filing 391 FINAL JUDGMENT AS TO VELOCITY INVESTMENT GROUP, INC.; BIO PROFIT SERIES I, LLC; BIO PROFIT SERIES II, LLC; BIO PROFIT SERIES III, LLC; BIO PROFIT SERIES V, LLC; ROCKWELL REALTY MANAGEMENT, INC. by Judge John A. Kronstadt. #350 , #351 , #352 , #353 , #354 , #355 , (MD JS-6, Case Terminated). (pso) |
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Filing 390
ORDER GRANTING OMNIBUS MOTION OF RECEIVER, DAVID P. STAPLETON, FOR ORDER: (1) APPROVING RECEIVER'S RECOMMENDED TREATMENT OF CLAIMS; AND (2) AUTHORIZING RECOMMENDED DISTRIBUTION ON ALLOWED CLAIMS #389 by Magistrate Judge Suzanne H. Segal: See document for details. (mr)
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| Filing 389 NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommended Treatment of Claims; and (2) Authorizing Recommended Distribution on Allowed Claims filed by Receiver David P. Stapleton. Motion set for hearing on 3/20/2018 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Declaration of David P. Stapleton In Support Thereof, #2 Proposed Order) (del Castillo, Joshua) |
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Filing 388
ORDER GRANTING SEVENTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND PROFESSIONALS #383 by Magistrate Judge Suzanne H. Segal: IT IS HEREBY ORDERED AS FOLLOWS: 1. Fees and costs to the Receiver in the respective amounts of $60,679.00 and $358.20 are approved, and payment authorized out of assets of the Receivership Entities; and 2. Fees and costs to Allen Matkins in the respective amounts of $38,879.76 and $828.10 are approved, and payment authorized out of assets of the Receivership Entities. (See document for further details). (mr)
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Filing 387
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATE (Dkt. No. #383 ) by Magistrate Judge Suzanne H. Segal: On September 14, 2017, Receiver David P. Stapleton filed a Seventh Interim Application for Payment of Fees and Reimbursement of Expenses. The Court has reviewed the Motion and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of October 17, 2017 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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| Filing 386 NOTICE OF MOTION re Seventh APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) #383 filed by Receiver David P. Stapleton. Motion set for hearing on 10/17/2017 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(del Castillo, Joshua) |
| Filing 385 DECLARATION of Receiver, David P. Stapleton In Support of Seventh APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) #383 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 384 MEMORANDUM in Support of Seventh APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) #383 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 383 Seventh APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals (with Exhibits A, B and C) filed by Receiver David P. Stapleton. Application set for hearing on 10/17/2017 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (del Castillo, Joshua) |
| Filing 382 Notice of Filing of Sixth Interim Report filed by Receiver David P. Stapleton (Hearing: October 17, 2017, 10:00 am, Ctrm 590, Hon. Suzanne H. Segal, Magistrate Judge) re: Report #381 (del Castillo, Joshua) |
| Filing 381 SIXTH INTERIM REPORT of Receiver, Daivd P. Stapleton, and Application for Further Instructions filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
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Filing 380
ORDER GRANTING FIFTH INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS OF RECEIVER DAVID P. STAPLETON (Dkt. No. #375 ) by Magistrate Judge Suzanne H. Segal. The Court GRANTS the Receiver's April 27, 2017 Fifth Interim Report and Application for Further Instructions. (See document for further details). (mr)
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Filing 379
ORDER GRANTING SIXTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND PROFESSIONALS #371 #374 by Magistrate Judge Suzanne H. Segal: IT IS HEREBY ORDERED AS FOLLOWS: 1. Fees and costs to the Receiver in the respective amounts of $116,349.17 and $938.44 are approved, and payment authorized out of assets of the Receivership Entities; and 2. Fees and costs to Allen Matkins in the respective amounts of $83,705.12 and $1,489.85 are approved, and payment authorized out of assets of the Receivership Entities. (See document for further details). (mr)
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| Filing 378 NOTICE OF NON-OPPOSITION Sixth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #371 filed by Plaintiff Securities and Exchange Commission. (Dean, Lynn) |
| Filing 377 NOTICE OF NON-OPPOSITION Report #375 filed by Plaintiff Securities and Exchange Commission. (Dean, Lynn) |
| Filing 376 NOTICE of Filing of Fifth Interim Report filed by Receiver, David P. Stapleton David P. Stapleton. (Hearing: May 30, 2017, 10:00 am, Ctrm 590, Hon. Suzanne H. Segal, Magistrate Judge) (Fifth Interim Report, Dkt. 375) (del Castillo, Joshua) |
| Filing 375 FIFTH INTERIM REPORT of Receiver, David P. Stapleton, and Application for Further Instructions filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 374 MOTION re Sixth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #371 filed by Receiver David P. Stapleton. Motion set for hearing on 5/30/2017 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(del Castillo, Joshua) Modified on 5/3/2017 (mr). |
| Filing 373 DECLARATION of Receiver, David P. Stapleton In Support of Sixth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #371 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 372 MEMORANDUM in Support of Sixth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #371 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 371 Sixth APPLICATION for Order for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals filed by Receiver David P. Stapleton. Application set for hearing on 5/30/2017 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Exhibit A (Receiver Invoices), B (Counsel Time Descriptions) and C (Attorney Bios), #2 Proof of Service) (del Castillo, Joshua) |
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Filing 370
ORDER GRANTING MOTION OF RECEIVER, DAVID P. STAPLETON, FOR ORDER: (1) ESTABLISHING SUMMARY CLAIMS PROCEDURES; (2) SETTING CLAIMS BAR DATE; AND (3) APPROVING PROPOSED CLAIM FORM #366 by Magistrate Judge Suzanne H. Segal: See document for details. (mr)
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Filing 369
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATE (Dkt. No. #366 ) by Magistrate Judge Suzanne H. Segal: On January 31, 2017, Receiver David P. Stapleton filed a Motion for Order (1) Establishing Summary Claims Procedures; (2) Setting Claims Bar Date; and (3) Approving Proposed Claim Form. The Court has reviewed the Motion and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of March 7, 2017 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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| Filing 368 SUPPLEMENTAL JOINT REPORT OF RECEIVER, DAVID P. STAPLETON, REO PROPERTY GROUP, LLC, FRANK ZENG, AND HILDA ZENG RE: MOTION FOR ORDER TO PAY OFF THE LOANS/INDEBTEDNESS, OR IN THE ALTERNATIVE, AN ORDER FOR JUDICIAL FORECLOSURE OF THE HIGHLAND PROPERTY re NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness #329 filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 367 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order for (1) Establishing Summary Claims Procedures; (2) Setting Claims Bar Date; and (3) Approving Proposed Claim Form #366 (with Exhibit A and Proof of Service) filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 366 NOTICE OF MOTION AND MOTION for Order for (1) Establishing Summary Claims Procedures; (2) Setting Claims Bar Date; and (3) Approving Proposed Claim Form filed by Receiver David P. Stapleton. Motion set for hearing on 3/7/2017 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service) (del Castillo, Joshua) |
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Filing 365
ORDER GRANTING SIXTH MOTION FOR ORDER AUTHORIZING AND APPROVING SALE OF REAL PROPERTIES OUT OF RECEIVERSHIP by Magistrate Judge Suzanne H. Segal: The Motion is GRANTED in its entirety. (See document for further details). (mr)
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Filing 364
(IN CHAMBERS) ORDER SETTING DATE FOR SUPPLEMENTAL JOINT REPORT by Judge John A. Kronstadt: The Court has reviewed the Joint Report filed by the parties on December 12, 2016. Dkt. #363 . Based on the statements made in that Joint Report, the parties are directed to file a Supplemental Joint Report on or before March 6, 2017. That report shall set forth the parties' respective or collective positions as to the status of the proceedings, and whether any motion practice before this Court is anticipated. If such motion practice is anticipated, the report shall state the nature of such motion(s), the expected date of their filing and a proposed date for a hearing. Upon receiving the report, the Court will determine whether to set any motion(s) for hearing, and/or to refer any motion(s) to Judge Segal for the preparation of a Report and Recommendation. 343 #363 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 363 JOINT REPORT OF RECEIVER, DAVID P. STAPLETON, REO PROPERTY GROUP, LLC, FRANK ZENG, AND HILDA ZENG, RE: MOTON FOR ORDER TO PAY OFF THE LOANS/INDEBTEDNESS, OR IN THE ALTERNATIVE, AN ORDER FOR JUDICIAL FORECLOSURE OF THE HIGHLAND PROPERTY (DKT NO. 329) re NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness #329 filed by Receiver David P. Stapleton. (Hsu, Tim) |
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Filing 362
(IN CHAMBERS) ORDER NOTIFYING PARTIES OF CHANGE OF ADDRESS FOR COURT by Judge John A. Kronstadt: Effective December 19, 2016, Judge Kronstadt will relocate to the 1st Street Courthouse. His new address is 350 W. 1st Street, Courtroom 10B, Los Angeles, California 90012. All mandatory chambers copies shall be hand delivered to the mailbox for this Court outside the Clerk's Office, which is located on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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| Filing 361 FINAL JUDGMENT AGAINST YIN NAN "MICHAEL" WANG AND WENDY KO by Judge John A. Kronstadt. The Court, having entered summary judgment against Wang and Ko on August 18, 2015, orders that the SEC's Motion For Monetary Relief and Entry of Final Judgments Against Wang and Ko is GRANTED. This Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. See order for specifics. (ah) |
| Filing 360 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other), #359 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Lodging. "The document is accepted as filed. Counsel shall take notice of the CM/ECF procedures. Any future document will be stricken for failure to follow the procedures." (lom) |
| Filing 359 NOTICE of Lodging of Revised Proposed Final Judgments as to Yin Nan Michael Wang and Wendy Ko filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Judgment as to Wang, #2 [Proposed] Final Judgment as to Ko)(Dean, Lynn) |
| Filing 358 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
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Filing 357
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATES (Dkt. No. #332 & #344 ) by Magistrate Judge Suzanne H. Segal: The Court has reviewed the Fourth Interim Report and Application and Motion and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of November 29, 2016 and December 20, 2016 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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| Filing 356 STATUS REPORT on Order Regarding Settlement with the Receivership Entities (Docket No. 338) filed by Plaintiff Securities and Exchange Commission. (Dean, Lynn) |
| Filing 355 STIPULATION for Judgment as to Rockwell Realty Management, Inc. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Judgment)(Dean, Lynn) |
| Filing 354 STIPULATION for Judgment as to Bio Profit Series V, LLC filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Judgment)(Dean, Lynn) |
| Filing 353 STIPULATION for Judgment as to Bio Profit Series III, LLC filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Judgment)(Dean, Lynn) |
| Filing 352 STIPULATION for Judgment as to Bio Profit Series II, LLC filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Judgment)(Dean, Lynn) |
| Filing 351 STIPULATION for Judgment as to Bio Profit Series I, LLC filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Judgment)(Dean, Lynn) |
| Filing 350 STIPULATION for Judgment as to Velocity Investment Group, Inc. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Judgment)(Dean, Lynn) |
| Filing 349 DECLARATION of Christopher Maling In Support of Sixth NOTICE OF MOTION AND MOTION for Order of sale re: Real Properties Out of Receivership #344 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proof of Service)(del Castillo, Joshua) |
| Filing 348 DECLARATION of Patrick M. Kellett In Support of Sixth NOTICE OF MOTION AND MOTION for Order of sale re: Real Properties Out of Receivership #344 (with Proof of Service) filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 347 DECLARATION of Gerald Todd Busch In Support of Sixth NOTICE OF MOTION AND MOTION for Order of sale re: Real Properties Out of Receivership #344 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 346 DECLARATION of Receiver, David P. Stapleton In Support of Sixth NOTICE OF MOTION AND MOTION for Order of sale re: Real Properties Out of Receivership #344 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(del Castillo, Joshua) |
| Filing 345 MEMORANDUM in Support of Sixth NOTICE OF MOTION AND MOTION for Order of sale re: Real Properties Out of Receivership #344 (with Proof of Service) filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 344 Sixth NOTICE OF MOTION AND MOTION for Order of sale re: Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 12/20/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service) (del Castillo, Joshua) |
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Filing 343
(IN CHAMBERS) ORDER REGARDING MOTION BY SECURED CREDITORS FOR AN ORDER TO PAY OFF LOANS/INDEBTEDNESS, OR IN THE ALTERNATIVE, AN ORDER FOR JUDICIAL FORECLOSURE OF HIGHLAND PROPERTY (DKT. #329 ) by Judge John A. Kronstadt: The Secured Creditors filed the Motion on October 17, 2016 and set it for hearing before Magistrate Judge Segal. Dkt. #329 . The Motion has been fully briefed. Dkt. #330 , #331 , #335 , #336 , #337 , #339 . On November 14, 2016, Secured Creditors filed a Notice of the Withdrawal of Motion, without prejudice, because it was set for hearing before Judge Segal rather than this Court (Dkt. #342 ) (the "Notice"). The Notice also states that the Secured Creditors are seeking to resolve the matters raised by the Motion with the non-moving parties, and if that effort is unsuccessful, the Motion will be refiled and set for hearing with this Court. The Court directs the parties to meet and confer as stated by the Secured Creditors in the Notice. If an agreement is reached, counsel shall file a notice on the earlier of seven days thereafter or December 12, 2016. If an agreement is not reached, counsel shall file a joint report on the earlier of seven days after it is so determined, or December 12, 2016, in which they state whether any issues were resolved, whether the Motion will be refiled, and if so, the date on which that will occur. Upon review of the report, the Court will determine whether to set the Motion for a hearing or refer the Motion to Judge Segal for the preparation of a Report and Recommendation. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 342 Notice of Withdrawal of Motion for Order of Sale,,,,, #329 filed by Secured Creditors REO Property Group, LLC, Frank Zeng and Hilda Zeng REO Property Group, LLC. (Law, Philip) |
| Filing 341 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 Supplemental Memorandum of Points and Authorities filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration)(Dean, Lynn) |
| Filing 340 RECEIVER'S FOURTH SUPPLEMENTAL REPORT Re Real Property Located at 26655 Highland Avenue, Highland, CA 92346 REPORT filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 339 REPLY in support of a motion NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness #329 Reply to SEC's Joinder in Receiver David P. Stapleton's Opposition to Motion for Payoff or Judicial Foreclosure filed by Objector REO Property Group, LLC. (Law, Philip) |
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Filing 338
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR MONETARY RELIEF AND ENTRY OF FINAL JUDGMENT AGAINST YIN NAN "MICHAEL" WANG AND WENDY KO (DKT. 249) by Judge John A. Kronstadt: The Motion is GRANTED with respect to Ko as follows: disgorgement of $1,491,000; prejudgment interest, if any, on this principal in an amount to be determined as stated above; and in civil penalties of $150,000. (SEE CIVIL MINUTES FOR SPECIFICS) (bp)
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| Filing 337 JOINDER filed by Plaintiff Securities and Exchange Commission joining in Objection/Opposition (Motion related), #330 . (Dean, Lynn) |
| Filing 336 Evidentiary Objections Reply to Opposition re: NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness #329 Evidentiary Objections to Receiver's Declaration and Exhibit B. filed by Objector REO Property Group, LLC. (Attachments: #1 Proposed Order Ruling on Evidentiary Objections)(Law, Philip) |
| Filing 335 REPLY Reply to Opposition NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness #329 Reply to Opposition to Motion filed by Objector REO Property Group, LLC. (Attachments: #1 Declaration Declarations, Exhibits and Proof of Service)(Law, Philip) |
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Filing 334
ORDER RULING ON EVIDENTIARY OBJECTIONS TO THE DECLARATION OF LYNN M. DEAN THERETO FILED IN SUPPORT OF MOTION FOR MONETARY RELIEF AND ENTRY OF FINAL JUDGMENTS AGAINST YIN NAN "MICHAEL" WANG AND WENDY KO (DKT. #252 -1) by Judge John A. Kronstadt. (ah)
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| Filing 333 Notice of Filing of Fourth Interim Report and Application for Further Instructions of Receiver, David P. Stapleton filed by Receiver David P. Stapleton (with Proof of Service) re: Report #332 (del Castillo, Joshua) |
| Filing 332 FOURTH INTERIM REPORT of Receiver, David P. Stapleton, and Application for Further Instructions filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 331 DECLARATION of David P. Stapleton re Objection/Opposition (Motion related), #330 (with Exhibits A and B and Proof of Service) filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 330 OPPOSITION of Receiver, David P. Stapleton, re: NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness #329 filed by Receiver David P. Stapleton. (del Castillo, Joshua) |
| Filing 329 [WITHDRAWN PURSUANT TO DOCKET ENTRY #342] NOTICE OF MOTION AND MOTION for Order of sale re: Highland Property , NOTICE OF MOTION AND MOTION for Order for Pay off loans/indebtedness filed by Secured Creditors REO Property Group, LLC. Motion set for hearing on 11/15/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion for Order of Payoff/Judicial Foreclosure, #2 Declaration Declaration of Philip C. Law (Counsel), #3 Declaration Declaration of Frank Zeng (Secured Creditor), #4 Exhibit Appendix of Exhibits in Support of Motion, #5 Affidavit Proof of Service, #6 Proposed Order Proposed Order for the Motion) (Law, Philip) Modified on 11/16/2016 (bp). |
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Filing 328
ORDER GRANTING FIFTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND HIS PROFESSIONALS (Dkt. No. #323 ) by Magistrate Judge Suzanne H. Segal: IT IS HEREBY ORDERED AS FOLLOWS: 1. Fees to the Receiver in the amount of $105,074.00 are approved, and payment is authorized to be made out of the assets of the Receivership Entities; and 2. Fees and costs to Allen Matkins in the respective amounts of $81,448.58 and $2,185.81 are approved, and payment is authorized out of the assets of the Receivership Entities. (See document for further details). (mr)
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Filing 327
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING ON FIFTH APPLICATION FOR PAYMENT ON FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND HIS PROFESSIONALS (Dkt. #323 ) by Magistrate Judge Suzanne H. Segal: The Court concludes that the Application is capable of resolution without hearing. Accordingly, pursuant to Local Rule 7-15, the hearing currently scheduled for September 6, 2016 is TAKEN OFF CALENDAR and the matter will be TAKEN UNDER SUBMISSION WITHOUT ORAL ARGUMENT. There shall be no appearance by counsel or parties unless otherwise ordered by the Court. (mr)
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| Filing 326 NOTICE OF MOTION re Fifth APPLICATION for Order for On Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver, David P. Stapleton and His Professionals #323 filed by Receiver David P. Stapleton. Motion set for hearing on 9/6/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 325 DECLARATION of Receiver, David P. Stapleton In Support of Fifth APPLICATION for Order for On Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver, David P. Stapleton and His Professionals #323 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 324 MEMORANDUM in Support of Fifth APPLICATION for Order for On Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver, David P. Stapleton and His Professionals #323 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 323 Fifth APPLICATION for Order for On Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver, David P. Stapleton and His Professionals filed by Receiver David P. Stapleton. Application set for hearing on 9/6/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proof of Service) (Del Castillo, Joshua) |
| Filing 322 NOTICE OF APPLICATION AND FIFTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND PROFESSIONALS. (Attachments: #1 Proposed Order, #2 Proof of Service) (Del Castillo, Joshua) Modified on 8/11/2016 (mr). |
| Filing 321 RECEIVER'S THIRD SUPPLEMENTAL REPORT of Real Property Located at 26655 Highland Avenue, Highland, California 92346 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
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Filing 320
ORDER ORDER GRANTING FIFTH MOTION FOR ORDER AUTHORIZING AND APPROVING SALE OF REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt. No. #314 ) by Magistrate Judge Suzanne H. Segal: The Motion is GRANTED in its entirety. (See document for further details). (mr)
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Filing 319
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATE (Dkt. No. #314 ) by Magistrate Judge Suzanne H. Segal: On July 1, 2016, Receiver David P. Stapleton filed a Motion for Order Authorizing and Approving Sale of Real Properties out of Receivership. The Court has reviewed the Motion and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of August 2, 2016 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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| Filing 318 DECLARATION of Patrick M. Kellett In Support of Fifth NOTICE OF MOTION AND MOTION for Order of sale re: Authorizing And Approving Sale of Real Properties Out of Receivership #314 with Exhibit 1 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 317 DECLARATION of Gerald Todd Busch In Support of Fifth NOTICE OF MOTION AND MOTION for Order of sale re: Authorizing And Approving Sale of Real Properties Out of Receivership #314 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 316 DECLARATION of Receiver David P. Stapleton In Support of Fifth NOTICE OF MOTION AND MOTION for Order of sale re: Authorizing And Approving Sale of Real Properties Out of Receivership #314 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Del Castillo, Joshua) |
| Filing 315 MEMORANDUM in Support of Fifth NOTICE OF MOTION AND MOTION for Order of sale re: Authorizing And Approving Sale of Real Properties Out of Receivership #314 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 314 Fifth NOTICE OF MOTION AND MOTION for Order of sale re: Authorizing And Approving Sale of Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 8/2/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Affidavit Proof of Service) (Del Castillo, Joshua) |
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Filing 313
ORDER GRANTING FOURTH MOTION FOR ORDER AUTHORIZING AND APPROVING SALE OF RESIDENTIAL REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt. No. #306 ) by Magistrate Judge Suzanne H. Segal: The Motion is GRANTED in its entirety (See document for further details). (mr)
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Filing 312
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATE (Dkt. No. #306 ) by Magistrate Judge Suzanne H. Segal: On April 29, 2016, Receiver David P. Stapleton filed a Motion for Order Authorizing and Approving Sale of Real Properties Out of Receivership. The Court has reviewed the Motion and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of May 31, 2016 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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| Filing 311 DECLARATION of Christopher Maling In Support of Fourth NOTICE OF MOTION AND MOTION for Order of sale re: of Real Properties Out of Receivership #306 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 2, #4 Exhibit 3 (Part 1), #5 Exhibit 3 (Part 2), #6 Exhibit 4, #7 Proof of Service)(Del Castillo, Joshua) |
| Filing 310 DECLARATION of Patrick Kellett In Support of Fourth NOTICE OF MOTION AND MOTION for Order of sale re: of Real Properties Out of Receivership #306 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 309 DECLARATION of Gerald Todd Busch In Support of Fourth NOTICE OF MOTION AND MOTION for Order of sale re: of Real Properties Out of Receivership #306 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 308 DECLARATION of Receiver, David P. Stapleton In Support of Fourth NOTICE OF MOTION AND MOTION for Order of sale re: of Real Properties Out of Receivership #306 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(Del Castillo, Joshua) |
| Filing 307 MEMORANDUM in Support of Fourth NOTICE OF MOTION AND MOTION for Order of sale re: of Real Properties Out of Receivership #306 (with Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 306 Fourth NOTICE OF MOTION AND MOTION for Order of sale re: of Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 5/31/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service) (Del Castillo, Joshua) |
| Filing 305 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn Dean, #2 Exhibit 1 to Lynn Dean Declaration, #3 Exhibit 2 to Lynn Dean Declaration)(Dean, Lynn) |
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Filing 304
ORDER GRANTING THIRD MOTION FOR ORDER AUTHORIZING AND APPROVING SALE OF RESIDENTIAL REAL PROPERTIES OUT OF RECEIVERSHIP #291 by Magistrate Judge Suzanne H. Segal: The Court VACATES the hearing date. (See document for further details). (mr)
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| Filing 303 SUPPLEMENT Opposition to Motion for Monetary Relief and Entry of Final Judgment filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 302 Supplemental Opposition re: NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Declaration of E. Gartenberg ISO of Oppo to Motion, #2 Exhibit A - F to Decl. of E. Gartenberg)(Gartenberg, Edward) |
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Filing 301
ORDER ON STIPULATION FOR RELEASE OF REAL PROPERTY FROM RECEIVERSHIP ESTATE by Magistrate Judge Suzanne H. Segal, re STIPULATION for Order for Release of Real Property From Receivership Estate, #300 . THE COURT ORDERS THAT: The Stipulation is hereby APPROVED, in its entirety. (See document for further details). (mr)
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| Filing 300 STIPULATION for Order for Release of Real Property From Receivership Estate filed by Receiver David P. Stapleton. (Attachments: #1 Proposed Order, #2 Proof of Service)(Attorney Alana U Thorbourne added to party David P. Stapleton(pty:rc))(Thorbourne, Alana) |
| Filing 299 PROOF OF SERVICE Securities and Exchange Commission, re Notice of Appearance #298 (Berry, John) |
| Filing 298 NOTICE of Appearance filed by attorney John W Berry on behalf of Plaintiff Securities and Exchange Commission (Attorney John W Berry added to party Securities and Exchange Commission(pty:pla))(Berry, John) |
| Filing 297 RECEIVER'S SECOND SUPPLEMENTAL REPORT of Anticipated Sale of Real Property Located at 26655 Highland Avenue, Highland, California 92346 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
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Filing 296
(IN CHAMBERS) ORDER RE DEFENDANT YIN NAN "MICHAEL" WANG'S NOTICE OF MOTION SEEKING THE COURTS PERMISSION TO DEPOSE DAVID P. STAPLETON (DKT. #253 ) by Judge John A. Kronstadt. The Motion is GRANTED IN PART. (ah)
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| Filing 295 DECLARATION of Receiver, David P. Stapleton In Support of Third NOTICE OF MOTION AND MOTION for Order of sale re: Residential Real Properties Out of Receivership #291 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Part 1, #6 Exhibit 5 - Part 2, #7 Exhibit 6 - Part 1, #8 Exhibit 6 - Part 2, #9 Proof of Service)(Del Castillo, Joshua) |
| Filing 294 DECLARATION of Patrick Kellett In Support of Third NOTICE OF MOTION AND MOTION for Order of sale re: Residential Real Properties Out of Receivership #291 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 293 DECLARATION of Gerald Todd Busch In Support of Third NOTICE OF MOTION AND MOTION for Order of sale re: Residential Real Properties Out of Receivership #291 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 292 MEMORANDUM in Support of Third NOTICE OF MOTION AND MOTION for Order of sale re: Residential Real Properties Out of Receivership #291 (with Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 291 Third NOTICE OF MOTION AND MOTION for Order of sale re: Residential Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 4/19/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service) (Del Castillo, Joshua) |
| Filing 290 NOTICE OF LODGING filed Plaintiff Securities and Exchange Commission's Notice of Lodgement of Deposition Transcript of Neal Gluckman in Opposition to Defendant Yin Nan "Michael" Wang's Request to Depose Receiver re Report #289 (Dean, Lynn) |
| Filing 289 JOINT REPORT of Re Receiver and counsel's available dates should the Court grant Defendant's request to take the Receiver's deposition filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 288 MINUTES OF PLAINTIFF'S MOTION FOR MONETARY RELIEF AND ENTRY OF FINAL JUDGMENT AGAINST YIN NAN "MICHAEL": WANG AND WENDY KO (DKT. #249 ); STATUS CONFERENCE RE DEFENDANTS BIO PROFIT SERIES I, LLC, BIO PROFIT SERIES II, LLC, BIO PROFIT SERIES III, LLC, BIO PROFIT SERIES IV, LLC; ROCKWELL REALTY MANAGEMENT, INC., AND VELOCITY INVESTMENT GROUP, INC. The Court takes the Motion UNDER SUBMISSION and will issue a ruling. Counsel shall confer and file a joint report by March 16, 2016, which sets forth agreed upon dates the Receiver and counsel are available should the Court grant Defendant's request to take the Receiver's deposition. Status Conference not held. Court Reporter: Alex Joko. (ah) |
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Filing 287
ORDER GRANTING FOURTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND PROFESSIONALS #274 by Magistrate Judge Suzanne H. Segal: IT IS HEREBY ORDERED AS FOLLOWS: 1. Fees and costs to the Receiver in the respective amounts of $142,494.00 and $814.47 are approved, and payment authorized out of assets of the Receivership Entities; and 2. Fees and costs to Allen Matkins in the respective amounts of $135,044.07 and $1,792.35 are approved, and payment authorized out of assets of the Receivership Entities. (mr)
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Filing 286
ORDER GRANTING RECEIVER'S MOTION FOR ORDER APPROVING SETTLEMENT WITH OJAI OAKVIEW SENIOR LIVING, LLC by Magistrate Judge Suzanne H. Segal: The Court GRANTS the Receiver's Motion #279 and ORDERS as follows: The Settlement Agreement and Release dated December 31, 2015 (the "Settlement Agreement") by and between the Receiver, in his capacity as receiver for the Receivership Entities, on the one hand, and Ojai Oakview Senior Living, LLC on the other hand, is APPROVED; and 2. The Receiver is immediately AUTHORIZED to consummate the settlement memorialized by the Settlement Agreement and AUTHORIZED to perform all obligations of the Receiver and the Receivership Entities under the terms of the Settlement Agreement. (mr)
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Filing 285
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATE (Dkt. No. #279 ) by Magistrate Judge Suzanne H. Segal: The Court has reviewed the Motion and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of February 23, 2016 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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| Filing 284 NOTICE of Change of Attorney Business or Contact Information: for attorney Edward Gartenberg counsel for Defendant Yin Nan Michael Wang. Changing Address to 15260 Ventura Boulevard, Suite 1920, Sherman Oaks, CA 91403. Filed by Defendant Yin Nan "Michael" Wang. (Gartenberg, Edward) |
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Filing 283
ORDER GRANTING JOINT STIPULATION REGARDING HEARING ON SECURITIES AND EXCHANGE COMMISSION'S MOTION FOR MONETARY RELIEF AND ENTRY OF FINAL JUDGMENTS AGAINST YIN NAN "MICHAEL" WANG AND WENDY KO by Judge John A. Kronstadt, re Stipulation to Continue, #282 . IT IS HEREBY ORDERED that: The hearing on the Motion shall be, and hereby is, continued March 14, 2016 at 8:30 a.m. (bp)
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| Filing 282 Joint STIPULATION to Continue Hearing on Securities and Exchange Commission's Motion for Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko from February 22, 2016 Re: NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Dean, Lynn) |
| Filing 281 DECLARATION of David P. Stapleton, Receiver In Support of NOTICE OF MOTION AND MOTION for Order for Approving Settlement With Ojai Oakview Senior Living, LLC #279 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1 through 4, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 280 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order for Approving Settlement With Ojai Oakview Senior Living, LLC #279 (with Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 279 NOTICE OF MOTION AND MOTION for Order for Approving Settlement With Ojai Oakview Senior Living, LLC filed by Receiver David P. Stapleton. Motion set for hearing on 2/23/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order) (Del Castillo, Joshua) |
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Filing 278
(IN CHAMBERS) ORDER VACATING HEARING ON FOURTH INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND HIS PROFESSIONALS (Dkt. 274) by Magistrate Judge Suzanne H. Segal. The Court concludes that the Application is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing currently scheduled for January 12, 2016 is TAKEN OFF CALENDAR and the matter will be TAKEN UNDER SUBMISSION WITHOUT ORAL ARGUMENT. There shall be no appearance by counsel or the parties unless otherwise ordered by the Court.IT IS SO ORDERED. re #274 APPLICATION for Order (sbou)
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| Filing 277 NOTICE OF MOTION re APPLICATION for Order for On Fourth Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #274 (with Proof of Service) filed by Receiver David P. Stapleton. Motion set for hearing on 1/12/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Hsu, Tim) |
| Filing 276 DECLARATION of David P. Stapleton In Support of APPLICATION for Order for On Fourth Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #274 (with Proof of Service) filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 275 MEMORANDUM in Support of APPLICATION for Order for On Fourth Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #274 (with Proof of Service) filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 274 APPLICATION for Order for On Fourth Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals filed by Receiver David P. Stapleton. Application set for hearing on 1/12/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Exhibit A - Receiver Invoices, #2 Exhibit B - Professional Invoices, #3 Exhibit C, #4 Proposed Order, #5 Proof of Service) (Hsu, Tim) |
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Filing 273
ORDER GRANTING SECOND MOTION OF RECEIVER DAVID P. STAPLETON FOR ORDER AUTHORIZING AND APPROVING SALE OF COMMERCIAL AND RESIDENTIAL REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt. No. #265 ) by Magistrate Judge Suzanne H. Segal: (See document for details) (mr)
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Filing 272
ORDER GRANTING THIRD INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS OFRECEIVER DAVID P. STAPLETON (Dkt. No. #261 ) by Magistrate Judge Suzanne H. Segal. The Court GRANTS the Receiver's October 15, 2015 Third Interim Report and Application for Further Instructions. (See document for further details). (mr)
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| Filing 271 STATUS REPORT : Joint Report Regarding Status of Defendants filed by Plaintiff Securities and Exchange Commission. (Dean, Lynn) |
| Filing 270 DECLARATION of Patrick M. Kellett In Support of NOTICE OF MOTION AND MOTION for Order of sale re: of Commercial and Residential Real Properties Out of Receivership #265 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 269 DECLARATION of Gerald Todd Busch In Support of NOTICE OF MOTION AND MOTION for Order of sale re: of Commercial and Residential Real Properties Out of Receivership #265 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 268 DECLARATION of Christopher Maling In Support of NOTICE OF MOTION AND MOTION for Order of sale re: of Commercial and Residential Real Properties Out of Receivership #265 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1-Part 1, #2 Exhibit 1-Part 2, #3 Exhibit 2, #4 Exhibit 3-Part 1, #5 Exhibit 3-Part 2, #6 Exhibit 4, #7 Proof of Service)(Hsu, Tim) |
| Filing 267 DECLARATION of David P. Stapleton In Support of NOTICE OF MOTION AND MOTION for Order of sale re: of Commercial and Residential Real Properties Out of Receivership #265 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1 and 2, #2 Exhibit 3, #3 Exhibit 4 and 5, #4 Exhibit 6 and 7, #5 Exhibit 8 and 9, #6 Exhibit 10 and 11, #7 Proof of Service)(Hsu, Tim) |
| Filing 266 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order of sale re: of Commercial and Residential Real Properties Out of Receivership #265 (with Proof of Service) filed by Receiver David P. Stapleton. (Hsu, Tim) |
| Filing 265 NOTICE OF MOTION AND MOTION for Order of sale re: of Commercial and Residential Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 12/8/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service) (Attorney Tim C Hsu added to party David P. Stapleton(pty:rc)) (Hsu, Tim) |
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Filing 264
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING DATES (Dkt. No. #253 & #261 ) by Magistrate Judge Suzanne H. Segal: The Court has reviewed the Motion and Third Interim Report and Application and has determined that it is capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearing date of November 17, 2015 and December 14, 2015 is VACATED and no appearance is necessary, unless otherwise advised by the Court. (mr)
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Filing 263
(IN CHAMBERS) ORDER CONTINUING PLAINTIFF'S MOTION FOR MONETARY RELIEF AND ENTRY OF FINAL JUDGMENT AGAINST YIN NAN "MICHAEL" WANG AND WENDY KO (DKT. #249 ) AND SETTING STATUS CONFERENCE RE REMAINING DEFENDANTS by Judge John A Kronstadt: The Court, on its own motion, continues the Motion from December 14, 2015 to February 22, 2016 at 8:30 a.m. Counsel shall file a joint report by November 17, 2015, which shall set forth the status of each remaining Defendant. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 262 NOTICE of Filing Third Interim Report and Application for Further Instruction of Receiver, David P. Stapleton (Dkt No. 261) filed by Receiver David P. Stapleton. (with Proof of Service) (Del Castillo, Joshua) |
| Filing 261 INTERIM REPORT of and Application for Further Instructions of Receiver, David P. Stapleton filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 260 REPLY In Support of Motion NOTICE OF MOTION AND MOTION for Order for Permitting to Depose D. Stapleton #253 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Declaration of E. Gartenberg, #2 Exhibit A to Decl. of E Gartenberg)(Gartenberg, Edward) |
| Filing 259 JOINDER in NOTICE OF MOTION AND MOTION for Order for Permitting to Depose D. Stapleton #253 Notice of Joinder to Receiver David P. Stapleton's Opposition to Defendant Yin Nan "Michael" Wang's Motion Seeking Court's Permission to Depose David P. Stapleton filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David) |
| Filing 258 DECLARATION of Joshua A. del Castillo re Objection/Opposition (Motion related) #257 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1 and 2, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 257 OPPOSITION of Receiver to re: NOTICE OF MOTION AND MOTION for Order for Permitting to Depose D. Stapleton #253 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 256 REPLY Memorandum of Points and Authorities In Support of NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Responses to Wang's Evidentiary Objections to the Declaration of Lynn M. Dean Filed In Support of Motion)(Dean, Lynn) |
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Filing 255
ORDER RE STIPULATION TO ADVANCE DEFENDANT, MICHAEL YIN NAN "MICHAEL" WANG'S HEARING RE: MOTION SEEKING COURT'S PERMISSION TO DEPOSE DAVID P. STAPLETON (Dkt. 253) by Judge John A. Kronstadt: Upon review and consideration of the Stipulation to Advance Defendant Michael Yin Nan "Michael" Wang's ("Wang") hearing re Motion Seeking Court's Permission to Depose David P. Stapleton and Related Deadlines submitted by Plaintiff, Securities and Exchange Commission, David P. Stapleton, the Court appointed Receiver, and Wang (the "Motion"), and good cause appearing therefore, IT IS HEREBY ORDERED THAT the Motion is referred to Judge Segal for her determination. (cr)
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| Filing 254 STIPULATION to Expedite Hearing on a Motion filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order Granting Stipulation)(Attorney Milena Dolukhanyan added to party Yin Nan Michael Wang(pty:dft))(Dolukhanyan, Milena) |
| Filing 253 NOTICE OF MOTION AND MOTION for Order for Permitting to Depose D. Stapleton filed by Defendant Yin Nan Michael Wang. Motion set for hearing on 12/14/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Exhibit 1 to Memorandum) (Gartenberg, Edward) |
| Filing 252 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Evidentiary Objections to Declaration, #2 Declaration of M. Dolukhanyan, #3 Exhibit 1 to Decl. of M. Dolukhanyan)(Gartenberg, Edward) |
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Filing 251
(IN CHAMBERS) ORDER RE NOTICE OF AMENDED CONSOLIDATED STANDING ORDERS by Judge John A. Kronstadt: Counsel are advised that on September 11, 2015, the Court amended its Standing Orders. Counsel shall obtain a copy of the Orders by referring to this Court's Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pso) TEXT ONLY ENTRY
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| Filing 250 NOTICE OF ERRATA filed by Plaintiff Securities and Exchange Commission. correcting NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko #249 Declaration of Lynn M. Dean [Docket No. 249-2] (Attachments: #1 Declaration of Lynn M. Dean)(Dean, Lynn) |
| Filing 249 NOTICE OF MOTION AND MOTION for Relief Monetary Relief and Entry of Final Judgments Against Yin Nan "Michael" Wang and Wendy Ko filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 12/14/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Declaration of Lynn M. Dean, #3 Exhibit 1 to Dean Declaration, #4 Exhibit 2 to Dean Declaration, #5 Exhibit 3 to Dean Declaration, #6 Exhibit 4 to Dean Declaration, #7 Proposed Order Wendy Ko, #8 Proposed Order Yin Nan "Michael" Wang) (Dean, Lynn) |
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Filing 248
ORDER GRANTING IN PART AND DENYING IN PART MOTION OF RECEIVER DAVID P. STAPLETON FOR ORDER AUTHORIZING AND APPROVING SALE OF COMMERCIAL AND RESIDENTIAL REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt. No. #223 ) by Magistrate Judge Suzanne H. Segal: The Motion is moot and DENIED WITHOUT PREJUDICE as to the Highland Property. (See document for further details). (mr)
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Filing 247
ORDER GRANTING MOTION OF RECEIVER DAVID P. STAPLETON TO APPROVE RECEIVER'S SETTLEMENT WITH HUNTINGTON CAPITAL L.P. (Dkt. No. #218 ) by Magistrate Judge Suzanne H. Segal: The Motion is GRANTED. (See document for further details). (mr)
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Filing 246
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Judge John A. Kronstadt. The Motion is GRANTED IN PART and DENIED IN PART #162 . Refer to the Court's order for details. (pso)
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Filing 245
ORDER RULING ON DEFENDANT'S EVIDENTIARY OBJECTIONS TO DECLARATIONS AND EXHIBITS FILED BY, M. LANCE JASPER by Judge John A. Kronstadt. Refer to the Court's order for details. (pso)
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Filing 244
ORDER RULING ON DEFENDANT'S EVIDENTIARY OBJECTIONS TO DECLARATIONS AND EXHIBITS FILED BY, DAVID J. VAN HAVERMAAT by Judge John A. Kronstadt. Refer to the Court's order for details. (pso)
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Filing 243
ORDER RULING ON DEFENDANT'S EVIDENTIARY OBJECTIONS TO DECLARATIONS AND EXHIBITS FILED BY, CHRISTINE GUAN by Judge John A. Kronstadt. Refer to the Court's order for details. (pso)
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Filing 242
ORDER GRANTING SECOND STIPULATION TO CONTINUE CASE MANAGEMENT SCHEDULE by Judge John A. Kronstadt, re Stipulation to Continue #241 . IT IS HEREBY ORDERED that: The trial date in this matter shall be continued until a date convenient for the Court no sooner than 90 days after the Court issues its ruling on the SEC'S MSJ; The August 31, 2015 Final Pretrial Conference and September 8, 2015 Jury Trial are taken off calendar. All pretrial deadlines are vacated; and Plaintiff's Motion in Limine: No. 1: to Exclude Defendant's Deposition Designations Securities and Exchange Commission (Dkt. 202); No. 2; to Exclude Evidence and Testimony by Yin Nan "Michael" Wang Securities and Exchange Commission (Dkt. 203) are taken off calendar and will be rescheduled. (bp)
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| Filing 241 Second STIPULATION to Continue filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Dean, Lynn) |
| Filing 240 NOTICE OF ISSUANCE OF TRIAL SUBPOENA filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 239 NOTICE filed by PLAINTIFF Securities and Exchange Commission. Notice of Issuance of Trial Subpoenas (Dean, Lynn) |
| Filing 238 SUPPLEMENTAL REPORT of RECEIVER, DAVID P. STAPLETON, REGARDING MOTION FOR ORDER AUTHORIZING AND APPROVING SALE OF COMMERCIAL AND RESIDENTIAL REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt No. 223) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 237 NOTICE of Manual Filing filed by Defendant Yin Nan Michael Wang of Exhibit 1 to his Supplemental Brief Regarding Evidentiary Objections to Receivers Initial Report and Supporting Declaration of David Nolte. (Gartenberg, Edward) |
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Filing 236
ORDER GRANTING REQUEST TO FILE GENERAL LEDGERS IN SUPPORT OF EXHIBIT 1 TO DEFENDANT YIN NAN "MICHAEL" WANGS SUPPLEMENTAL BRIEF UNDER SEAL #233 by Judge John A. Kronstadt. IT IS HEREBY ORDERED THAT the general ledgers referenced in Exhibit 1 to Wang's Supplemental Brief be filed under seal by lodging a disc containing the ledgers in excel format with the Clerk. A copy of this Order shall be submitted with the under seal filing. (lom)
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| Filing 235 SUPPLEMENT to MOTION for Summary Judgment #162 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1 to Supplemental Brief, #2 Declaration of Lynn M. Dean Declaration, #3 Exhibit 1 to Lynn M. Dean Declaration, #4 Exhibit 2 to Lynn M. Dean Declaration, #5 Exhibit 3 to Lynn M. Dean Declaration, #6 Exhibit 4 to Lynn M. Dean Declaration)(Dean, Lynn) |
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Filing 234
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARINGS RE RECEIVER'S (1) MOTION FOR ORDER TO APPROVE SETTLEMENT WITH HUNTINGTON CAPITAL L.P. (Dkt. No. #218 ); and (2) MOTION FOR ORDER OF SALE RE: COMMERCIAL AND RESIDENTIAL REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt. No. #223 ) by Magistrate Judge Suzanne H. Segal: The Court concludes that these Motions are capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearings currently scheduled for July 7, 2015 and July 21, 2015 are TAKEN OFF CALENDAR and the matters will be TAKEN UNDER SUBMISSION WITHOUT ORAL ARGUMENT. There shall be no appearance by counsel or the parties unless otherwise ordered by the Court. (See document for further details). (mr)
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| Filing 233 STIPULATION for Leave to File Under Seal filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
| Filing 232 SUPPLEMENT to Objection/Opposition (Motion related), #172 , Text Only Scheduling Notice,,,,,,,, 217 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gartenberg, Edward) |
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Filing 231
ORDER GRANTING THIRD INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND HIS PROFESSIONALS (Dkt. No. #211 ) by Magistrate Judge Suzanne H. Segal: The Receiver's Third Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals is GRANTED. (See document for further details). (mr)
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| Filing 230 NOTICE OF ERRATA filed by Receiver David P. Stapleton. correcting Declaration (Motion related), #225 of David P. Stapleton In Support of Motion for Order Authorizing and Approving Sale of Commercial and Residential Real Properties Out of Receivership (with Proof of Service) (Del Castillo, Joshua) |
| Filing 229 DECLARATION of Christopher Maling In Support of MOTION for Order of Sale re: Commercial and Residential Real Properties Out of Receivership #223 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 2, #4 Exhibit 3 - Part 1, #5 Exhibit 3 - Part 2, #6 Exhibit 4, #7 Proof of Service)(Del Castillo, Joshua) |
| Filing 228 DISCLOSURE Pursuant to Rule 26(a)(3) Amended filed by Plaintiff Securities and Exchange Commission (Dean, Lynn) |
| Filing 227 DECLARATION of Patrick M. Kellett In Support of MOTION for Order of Sale re: Commercial and Residential Real Properties Out of Receivership #223 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 226 DECLARATION of Gerald Todd Busch In Support of MOTION for Order of Sale re: Commercial and Residential Real Properties Out of Receivership #223 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 225 DECLARATION of David P. Stapleton In Support of MOTION for Order of Sale re: Commercial and Residential Real Properties Out of Receivership #223 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proof of Service)(Del Castillo, Joshua) |
| Filing 224 MEMORANDUM in Support of MOTION for Order of Sale re: Commercial and Residential Real Properties Out of Receivership #223 (with Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 223 NOTICE OF MOTION AND MOTION for Order of Sale re: Commercial and Residential Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 7/21/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 222 Notice of Appearance or Withdrawal of Counsel: for attorney Edward Gartenberg counsel for Defendant Yin Nan Michael Wang. Jason I. Bluver is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Yin Nan (Michael) Wang. (Gartenberg, Edward) |
| Filing 221 STATUS REPORT On Order re Evidentiary Objections to Receiver's Initial Report (Docket No. 217) filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean)(Dean, Lynn) |
| Filing 220 REQUEST FOR JUDICIAL NOTICE re MOTION for Order for To Approve Settlement With Huntington Capital L.P. #218 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2 thru 5, #3 Proof of Service)(Del Castillo, Joshua) |
| Filing 219 DECLARATION of Receiver David P. Stapleton In Support of MOTION for Order for To Approve Settlement With Huntington Capital L.P. #218 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 218 NOTICE OF MOTION AND MOTION for Order for To Approve Settlement With Huntington Capital L.P. filed by Receiver David P. Stapleton. Motion set for hearing on 7/7/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(Del Castillo, Joshua) |
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Filing 217
(IN CHAMBERS) ORDER RE EVIDENTIARY OBJECTIONS TO RECEIVERS INITIAL REPORT by Judge John A. Kronstadt: In connection with Defendant's opposition to Plaintiff's Motion for Summary Judgment, he made evidentiary objections to the Receiver's Initial Report. Initial Report, Van Havermaat Decl., Dkt. 162-9, Ex. 5; see also Dkt. 151. These objections are premised on the failure to present with the Initial Report the documents which it claims to summarize. These documents are those of certain of the entities with which Defendant was associated that are now being overseen by the Receiver. Notwithstanding that the documents at issue are ones that were formerly in the custody or control of Defendant, these objections have merit. See Fed. R. Evid. 1006. Consequently, the ruling on the Motion for Summary Judgment is deferred. On or before June 8, 2015, Plaintiff shall produce to Defendant the documents that form the basis for the summary information presented in the Initial Report. If after reviewing such materials, Defendant contends that the summary information presented in the Initial Report does not accurately reflect the contents of these materials, then on or before June 18, 2015, Defendant shall file a supplemental brief limited to a discussion of that issue. Defendant shall attach a table to the supplemental brief in which the specific portion(s) of the Initial Report that he contests are identified by page number, with a citation to the corresponding underlying documents that Defendant contends were not accurately summarized on each such page. This brief itself shall not exceed five pages. Plaintiff may file a responsive brief, not to exceed five pages, on or before June 25, 2015. Plaintiff may also file a table that corresponds to one that is filed by Defendant. Upon receiving these supplemental filings the Court will evaluate them and then rule on the Motion for Summary Judgment. In light of this schedule, the current date for the Final Pretrial Conference is continued from June 22, 2015 to August 31, 2015 at 3:00 PM and the current trial date of July 14, 2015 is continued to September 8, 2015 at 9:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cr) TEXT ONLY ENTRY
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| Filing 216 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #215 . The following error(s) was found: There is no other attorney on the case. See L.R. 83-2.3 Withdrawal and Substitution of Attorneys. 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. (lom) Modified on 5/21/2015 (lom). (mailed 5/20/15 to Bluver) |
| Filing 215 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Cowan counsel for Defendant Velocity Investment Group Inc. Andrew S. Cowan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Velocity Investment Group, Inc.. (Cowan, Andrew) |
| Filing 214 Notice of Application filed by Receiver David P. Stapleton (with Proof of Service) re: Third APPLICATION for Order for Third Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #211 (Del Castillo, Joshua) |
| Filing 213 DECLARATION of David P. Stapleton In Support of Third APPLICATION for Order for Third Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #211 (with Exhibit 1 and Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 212 MEMORANDUM in Support of Third APPLICATION for Order for Third Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals #211 (with Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 211 Third APPLICATION for Order for Third Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals filed by Receiver David P. Stapleton. Application set for hearing on 6/23/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order, #5 Proof of Service)(Del Castillo, Joshua) |
| Filing 210 STIPULATION to Continue Trial Re: Text Only Scheduling Notice,, 209 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Declaration of Edward Gartenberg in Support of Stipulation, #2 Proposed Order)(Gartenberg, Edward) |
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Filing 209
(IN CHAMBERS) ORDER CONTINUING FINAL PRETRIAL CONFERENCE, EXHIBIT CONFERENCE, MOTIONS IN LIMINE (DKT. #202 , #203 ) AND JURY TRIAL by Judge John A Kronstadt: The Court, on its own motion, continues the Final Pretrial Conference, Status Conference re Disputed Exhibits, and Hearing on Motions in Limine from June 1, 2015 to June 22, 2015 at 3:00 p.m. and the Jury Trial from June 16, 2015 to July 14, 2015 at 8:30 a.m. Any amended pretrial documents shall be filed no later than June 15, 2015. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 208 OPPOSITION to MOTION IN LIMINE to Exclude Evidence and Testimony by Yin Nan "Michael" Wang #203 filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 207 OPPOSITION to MOTION IN LIMINE to Exclude Defendants' Deposition Designations #202 filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
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Filing 206
ORDER GRANTING STIPULATION TO WAIVE REQUIREMENTS OF 28 U.S.C. 2001(a) AND (b) IN CONNECTION WITH RECEIVER'S PENDING AND FORTHCOMING ASSET SALE MOTIONS by Magistrate Judge Suzanne H. Segal. The Court GRANTS the Stipulation. (See document for details). (mr)
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| Filing 205 STIPULATION to Waive Requirements of 28 U.S.C. Section 2001(a) and (b) in Connection With Receiver's Pending and Forthcoming Asset Sale Motions; [Proposed Order] filed by Receiver David P. Stapleton. (Attachments: #1 Proposed Order, #2 Proof of Service)(Del Castillo, Joshua) |
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Filing 204
ORDER GRANTING IN PART AND DENYING IN PART MOTION OF RECEIVER DAVID P. STAPLETON FOR ORDER AUTHORIZING AND APPROVING SALES OF LOAN PORTFOLIO AND REAL PROPERTIES OUT OF RECEIVERSHIP (Dkt. No. #187 ) by Magistrate Judge Suzanne H. Segal: The Court finds that the Receiver has provided adequate and sufficient notice in connection with his proposed sale of the Loan Portfolio and exercises its discretion under section 2004 to excuse the Receiver from compliance with the provisions of 28 U.S.C. 2001 with respect to the Loan Portfolio only. Accordingly, to the extent that the Receiver seeks authorization to sell the Loan Portfolio under the terms and conditions set forth in the Motion, the Motion is GRANTED. (See document for further details). (mr)
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| Filing 203 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence and Testimony by Yin Nan "Michael" Wang Securities and Exchange Commission. Motion set for hearing on 6/1/2015 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Declaration of Lynn M. Dean, #3 Exhibits 1 - 6)(Dean, Lynn) |
| Filing 202 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Defendants' Deposition Designations Securities and Exchange Commission. Motion set for hearing on 6/1/2015 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Memorandum)(Dean, Lynn) |
| Filing 201 MEMORANDUM of CONTENTIONS of FACT and LAW Securities and Exchange Commission. (Dean, Lynn) |
| Filing 200 Exhibit List Joint Trial Securities and Exchange Commission.. (Dean, Lynn) |
| Filing 199 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 198 SECOND AMENDED DISCLOSURE Pursuant to Rule 26(a)(3) filed by Defendant Yin Nan Michael Wang (Gartenberg, Edward) |
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Filing 197
ORDER GRANTING SECOND INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS OF RECEIVER DAVID P. STAPLETON (Dkt. No. #184 ) by Magistrate Judge Suzanne H. Segal. All provisions of this Court's prior orders in the above-captioned action establishing a receivership, appointing the Receiver, authorizing the Receiver to employ and compensate professionals, granting the Receiver's prior applications for instructions and for order in aid of receivership, or otherwise relating to the Receiver or the receivership, to the extent not superseded by the present Order, shall remain in full force and effect. (See document for further details). (mr)
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| Filing 196 AMENDED DISCLOSURE Pursuant to Rule 26(a)(3) filed by Defendant Yin Nan Michael Wang (Gartenberg, Edward) |
| Filing 195 DISCLOSURE Pursuant to Rule 26(a)(3) filed by Defendant Yin Nan Michael Wang (Gartenberg, Edward) |
| Filing 194 DISCLOSURE Pursuant to Rule 26(a)(3) filed by Plaintiff Securities and Exchange Commission (Dean, Lynn) |
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Filing 193
ORDER DENYING WITHOUT PREJUDICE MOTION OF RECEIVER DAVID P. STAPLETON FOR ORDER AUTHORIZING AND APPROVING REAL PROPERTY SALES OUT OF RECEIVERSHIP (Dkt. No. #177 ) by Magistrate Judge Suzanne H. Segal, The Receiver's Motion for Order Authorizing and Approving Real Property Sales Out of Receivership is DENIED WITHOUT PREJUDICE. (See document for further details). (mr)
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Filing 192
(IN CHAMBERS) ORDER RE DEFENDANTS EVIDENTIARY OBJECTIONS AND FAILURE TO ADHERE TO COURTS STANDING ORDER RE THE PREPARATION OF EVIDENTIARY OBJECTIONS by Judge John A. Kronstadt: The Court has received Word versions of Defendants Proposed Orders regarding its Evidentiary Objections to the Jasper, Guan, and Van Havermaat Declarations (Objections) (Dkts. 172-1, Dkt. 172-2, Dkt. 172-3, which do not comply with the Courts Initial Standing Order with respect to how such proposed orders regarding objections shall be prepared. Thus, the Word document version of the proposed orders should take the same form as the evidentiary objections submitted. Counsel shall email Word versions of the amended proposed orders to the Objections to Andrea_Keifer@cacd.uscourts.gov that comply with the format set forth on pgs. 15 and 80 of the Courts Standing Order no later than April 15, 2015. #172 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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Filing 191
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARINGS RE RECEIVER'S: (1) MOTION FOR ORDER AUTHORIZING AND APPROVING REAL PROPERTY SALES OUT OF RECEIVERSHIP, SET FOR APRIL 15, 2015 (Dkt. No. #175 ); (2) SECOND INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS OF RECEIVER, SET FOR MAY 5, 2015 (Dkt. No. #184 ); AND (3) MOTION FOR ORDER AUTHORIZING AND APPROVING SALES OF LOAN PORTFOLIO AND REAL PROPERTIES OUT OF RECEIVERSHIP, SET FOR MAY 12, 2015 (Dkt. No. #187 ) by Magistrate Judge Suzanne H. Segal: To date no opposition to any of these requests has been filed. The Court concludes that all three filings are capable of resolution without a hearing. Accordingly, pursuant to Local Rule 7-15, the hearings currently scheduled for April 15, 2015; May 5, 2015; and May 12, 2015 are TAKEN OFF CALENDAR and the matters will be TAKEN UNDER SUBMISSION WITHOUT ORAL ARGUMENT. There shall be no appearance by counsel or the parties unless otherwise ordered by the Court. (See document for further details). (mr)
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Filing 190
NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Suzanne H. Segal. The document entitled: Notice of Recording of Notice of Intent to Preserve Interest, received on 04/02/15, is NOT to be filed, but instead REJECTED, and is ORDERED returned. Denial based on: Filer is not a party in this action; Documents submitted relate to a pending Superior Court case. (sbou)
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| Filing 189 DECLARATION of David P. Stapleton In Support of MOTION for Order of Sale re: Authorizing and Approving Sales of Loan Portfolio and Real Properties Out of Receivership #187 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proof of Service)(Del Castillo, Joshua) |
| Filing 188 MEMORANDUM in Support of MOTION for Order of Sale re: Authorizing and Approving Sales of Loan Portfolio and Real Properties Out of Receivership #187 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 187 NOTICE OF MOTION AND MOTION for Order of Sale re: Authorizing and Approving Sales of Loan Portfolio and Real Properties Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 5/12/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order, #2 Proof of Service)(Del Castillo, Joshua) |
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Filing 186
ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT SCHEDULE by Judge John A. Kronstadt #183 . Jury Trial set for 6/16/2015 at 09:00 AM. NOTE: CHANGES MADE BY THE COURT. Refer to the Court's order for further details. (pso)
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| Filing 185 NOTICE David P. Stapleton. OF FILING OF SECOND INTERIM REPORT (Del Castillo, Joshua) |
| Filing 184 SECOND INTERIM REPORT of AND APPLICATION FOR FURTHER INSTRUCTIONS filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 183 Joint STIPULATION to Continue filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Dean, Lynn) |
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Filing 182
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Suzanne H. Segal. The Letter received on 03/13/15 is NOT to be filed, but instead REJECTED, and is ORDERED returned. (See order for further details). (sbou)
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| Filing 181 REPLY Sur-Reply in Opposition MOTION for Summary Judgment #162 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Evidentiary Objections, #2 E. Gartenberg Declaration, #3 Exhibits A-F to Declaration of E. Gartenberg, #4 Proposed Order)(Gartenberg, Edward) |
| Filing 180 AMENDED MINUTES held before Judge John A. Kronstadt re: Order on Motion for Summary Judgment, Status Conference, #179 . (bp) |
| Filing 179 MINUTES OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT YIN NAN "MICHAEL" WANG (DKT. 162) POST MEDIATION STATUS CONFERENCE held before Judge John A. Kronstadt: The motion hearing is held. The Court states its tentative views that it is inclined to grant in party and deny in part (as to the request for disgorgement) Plaintiff's Motion for Summary Judgment (the "Motion"). Counsel address the Court. The Court takes the Motion UNDER SUBMISSION upon the receipt of Defendant's sur-reply and will issue a written ruling. Defendant's sur-reply shall be filed by March 19, 2015 and shall be no more than 10 pages. Court and counsel further discuss the status of settlement. Plaintiff advises the court that the case did not settle during a conference with the private neutral. The neutral has invited the parties for further settlement discussion. It is Plaintiff's position to postpone the scheduling of further mediation dates until the resolution of the motion.Court Reporter: Alex Joko. (bp) |
| Filing 178 (IN CHAMBERS) ORDER REQUIRING SUBMISSION OF CHAMBERS COPIES OF JASPER DECLARATION IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by John A Kronstadt: In support of its Motion for Summary Judgment (Motion), Plaintiff relies on the Declaration of M. Lance Jasper (Jasper Decl.)(Dkt. 11) and the exhibits submitted with the Jasper Declaration. Plaintiff failed to provide the Court with courtesy copies of these documents in support of the Motion. Plaintiff shall submit chambers copies of the Jasper Decl. and its supporting exhibits by March 2, 2015 at 12 p.m. This evidence shall be placed in a Slant D-Ring binder, with an index and with each item of evidence separated by a tab divider on the right side, in conformance with Rule 9(d)-(e) of this Courts Standing Orders. #162 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY |
| Filing 177 NOTICE OF MOTION re MOTION for Order of Sale re: of Real Property Out of Receivership #175 AMENDED NOTICE OF MOTION filed by Receiver David P. Stapleton. Motion set for hearing on 4/14/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Del Castillo, Joshua) |
| Filing 176 DECLARATION of Receiver, David P. Stapleton In Support of MOTION for Order of Sale re: of Real Property Out of Receivership #175 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(Del Castillo, Joshua) |
| Filing 175 NOTICE OF MOTION AND MOTION for Order of Sale re: of Real Property Out of Receivership filed by Receiver David P. Stapleton. Motion set for hearing on 4/14/2015 at 10:00 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order, #2 Proof of Service, #3 Memorandum)(Del Castillo, Joshua) |
| Filing 174 REPLY MOTION for Summary Judgment #162 Against Defendant Yin Nan "Michael" Wang filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Separate Statement, #2 Declaration of Lynn M. Dean, #3 Declaration of David Stapleton, #4 Response to Evidentiary Objections)(Dean, Lynn) |
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Filing 173
ORDER GRANTING: (1) SECOND APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES OF RECEIVER AND HIS PROFESSIONALS (Dkt. No. #157 ); AND (2) SUPPLEMENTAL REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS REGARDING ATTORNEYS' FEES AND COSTS OF RECEIVER, DAVID. P. STAPLETON (Dkt. No. #155 ). The Receiver's Second Application for Payment of Fees and Reimbursement of Expenses of Receiver and His Professionals and the Supplemental Report and Application for Further Instructions Regarding Attorneys' Fees and Costs are GRANTED. All provisions of this Court's prior orders in the above-captioned action establishing a receivership, appointing the Receiver, authorizing the Receiver to employ and compensate professionals, granting the Receiver's prior applications for instructions and for order in aid of receivership, or otherwise relating to the Receiver or the Receivership, to the extent not superseded by the present Order, shall remain in full force and effect. (See document for further details). (mr)
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| Filing 172 Opposition re: MOTION for Summary Judgment #162 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Evidentiary Objections to Declaration, #2 Evidentiary Objections to Declaration, #3 Evidentiary Objections to Declaration, #4 Declaration of Edward Gartenberg, #5 Statement, #6 Proof of Service)(Gartenberg, Edward) |
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Filing 171
MINUTE ORDER (IN CHAMBERS) ORDER VACATING FEBRUARY 10, 2015 HEARING RE RECEIVER'S (1) SUPPLEMENTAL REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS REGARDING ATTORNEYS' FEES AND COSTS (Dkt. No. #155 ); AND (2) SECOND INTERIM APPLICATION FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES (Dkt. No. #157 ) by Magistrate Judge Suzanne H. Segal: Pursuant to Local Rule 7-15, the hearing currently scheduled for February 10, 2015 is TAKEN OFF CALENDAR and the Receiver's Motions will be TAKEN UNDER SUBMISSION WITHOUT ORAL ARGUMENT. There shall be no appearance by counsel or the parties unless otherwise ordered by the Court. The Court will issue a separate Order on the substance of the Applications. (mr)
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| Filing 170 STIPULATION RE BRIEFINGSCHEDULE FOR MOTION FORSUMMARY JUDGMENT #162 by Judge John A. Kronstadt. IT IS HEREBY ORDERED THAT the previous briefing schedule is vacated and the following deadlines are established: (1) Defendant Wang's Opposition to Plaintiff's Motion for Summary Judgment due date shall be extended from January 26, 2015 to February 13, 2015. (2) Plaintiff's Reply due date shall be extended from February 2, 2015 to February 23, 2015. (3) The hearing remains scheduled for March 9, 2015 at 8:30 am. (lom) |
| Filing 169 NOTICE OF ERRATA filed by Receiver David P. Stapleton. correcting Reply (Motion related), #167 (with Proof of Service) (Del Castillo, Joshua) |
| Filing 168 STIPULATION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
| Filing 167 REPLY In Support of Second APPLICATION for Order for re Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #157 and in Response to Defendant Wang's Opposition [Dkt No. 161] filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
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Filing 166
ORDER GRANTING IN PART FIRST INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS OF RECEIVER DAVID P. STAPLETON (Dkt. No. #151 ) by Magistrate Judge Suzanne H. Segal, re Report #151 . The Court GRANTS the Receiver's December 5, 2014 First Interim Report and Application for Further Instructions. (See document for further instructions). (mr)
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Filing 165
AMENDED ORDER GRANTING STIPULATION TO CONTINUE DEADLINES SET FORTH IN SCHEDULING CONFERENCE ORDER by Judge John A. Kronstadt. The Expert Discovery cut-off 2/6/2015., Plaintiff's Motion for Summary Judgment (Dkt. 162) is set for hearing on 3/9/2015 at 08:30 AM., Final Pretrial Conference set for 5/4/2015 03:00 PM., Jury Trial set for 5/19/2015 08:30 AM., Post-Mediation Status Conference set for 3/9/2015 08:30 AM. Status Conference re Exhibits 5/4/15 at 3:00 p.m. (bp)
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Filing 164
ORDER GRANTING STIPULATION TO CONTINUE DEADLINES SET FORTH IN SCHEDULING CONFERENCE by Judge John A. Kronstadt, re Stipulation to Extend Discovery Cut-Off Date #154 . IT IS HEREBY ORDERED that the discovery deadlines previously scheduled are vacated and the following deadlines established. Non-Expert Discovery cut-off 12/31/2015., The Plaintiff's Motion for Summary Judgment (Dkt. 162) is continued to 3/9/2015 at 08:30 AM., Final Pretrial Conference set for 5/4/2015 03:00 PM before Judge John A. Kronstadt., Jury Trial set for 5/19/2015 08:30 AM. Post Mediation Status Conference 3/9/15, 8:30 a.m. Status Conference re Exhibits 5/4/15 at 3:30 p.m. (See document for further details) (bp)
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Filing 163
ORDER VACATING THE JANUARY 13, 2015 HEARING ON THE RECEIVER'S FIRST INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS #151 by Magistrate Judge Suzanne H. Segal. Having reviewed all the relevant papers, the Court concludes that this matter is capable of disposition without a hearing. Accordingly, pursuant to Local Rule 7-15, the Court VACATES the hearing currently set for January 13, 2015. The matter will be taken under submission without further argument. No appearance is necessary. (bpo)
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| Filing 162 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 2/9/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Exhibit 1 to Memorandum, #3 Statement of Uncontroverted Facts, #4 Declaration of David J. Van Havermaat, #5 Exhibit 1 to Declaration, #6 Exhibit 2 to Declaration, #7 Exhibit 3 to Declaration, #8 Exhibit 4 to Declaration, #9 Exhibit 5 to Declaration, #10 Exhibit 6 to Declaration, #11 Proposed Order)(Van Havermaat, David) |
| Filing 161 OPPOSITION re: Second APPLICATION for Order for re Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #157 filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 160 Notice of Application re: Second APPLICATION for Order for re Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #157 (Del Castillo, Joshua) |
| Filing 159 MEMORANDUM in Support of Second APPLICATION for Order for re Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #157 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 158 DECLARATION of David P. Stapleton In Support of Second APPLICATION for Order for re Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals #157 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 157 Second APPLICATION for Order for re Interim Application for Payment of Fees and Reimbursement of Expenses of Receiver and Professionals filed by Receiver David P. Stapleton. Application set for hearing on 2/10/2015 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit A (Receiver Invoices), #3 Exhibit B (Professional's Invoices), #4 Exhibit C, #5 Proof of Service)(Del Castillo, Joshua) |
| Filing 156 NOTICE of Filing of Supplemental Report of Receiver David P. Stapleton and Application for Further Instructions Regarding Attorneys' Fees and Costs filed by Receiver David P. Stapleton. (with Proof of Service) (Del Castillo, Joshua) |
| Filing 155 SUPPLEMENTAL REPORT of Receiver and Application for Further Instructions Regarding Attorneys' Fees and Costs filed by Receiver David P. Stapleton. (Attachments: #1 Declaration of David P. Stapleton, #2 Declaration of Joshua A. del Castillo)(Del Castillo, Joshua) |
| Filing 154 Joint STIPULATION to Extend Discovery Cut-Off Date to 02/11/2015 filed by Def Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
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Filing 153
MINUTE ORDER (IN CHAMBERS) ORDER CONTINUING HEARING ON FIRST INTERIM REPORT OF RECEIVER, DAVID P. STAPLETON, AND APPLICATION FOR FURTHER INSTRUCTIONS (DKT #152 ) by Magistrate Judge Suzanne H. Segal: The Court continues the hearing from January 6, 2015 to January 13, 2015 at 10:00 a.m. (mr)
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| Filing 152 NOTICE OF FILING OF FIRST INTERIM REPORT OF RECEIVER, DAVID P. STAPLETON, AND APPLICATION FOR FURTHER INSTRUCTIONS filed by Receiver David P. Stapleton. (with Proof of Service) (Del Castillo, Joshua) |
| Filing 151 FIRST INTERIM REPORT AND APPLICATION FOR FURTHER INSTRUCTIONS REPORT of RECEIVER, DAVID P. STAPLETON filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Del Castillo, Joshua) |
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Filing 150
MINUTES (IN CHAMBERS): ORDER GRANTING RECEIVER'S FIRST FEE APPLICATION (Dkt. No. #128 ) by Magistrate Judge Suzanne H. Segal: The Court (1) APPROVES and AWARDS payment to the Receiver of fees totaling $103,919.50 and costs totaling $1,239.16 for the Application Period; (2) APPROVES and AWARDS payment to Allen Matkins of fees totaling $60,791.78 and costs totaling $3,323.99 for the Application Period; and (3) AUTHORIZES the Receiver to pay such sums out of the assets of the Receivership Entities on a pro rata basis. (See document for further details). (mr)
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Filing 149
MINUTE ORDER (IN CHAMBERS) ORDER SUA SPONTE TAKING OFF CALENDAR THE NOVEMBER 18, 2014 HEARING ON THE RECEIVER'S FIRST FEE APPLICATION (Dkt. No. #128 ) PRESENT: by Magistrate Judge Suzanne H. Segal: The Court concludes that this matter is capable of disposition without a hearing. Accordingly, pursuant to Local Rule 7-15, the Court sua sponte takes the hearing currently set for November 18, 2014 OFF CALENDAR. The matter will be taken under submission without further argument. (See document for further details). (mr)
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Filing 148
(IN CHAMBERS) ORDER CONTINUING POST MEDIATION STATUS CONFERENCE AND ADVANCING STATUS CONFERENCE RE EXHIBITS by Judge John A Kronstadt: The Court has reviewed the parties' Mediation Report (Dkt. 147) and continues the Post Mediation Status Conference to April 6, 2015 at 3:00 pm, to be heard with the Final Pretrial Conference. Additionally, the Status Conference re Exhibits is advanced to April 6, 2015 at 3:00 pm, also to be heard with the Final Pretrial Conference. Counsel shall file a status report regarding the outcome of any further mediation with Ms. Madigan within 5 days of its completion. Otherwise, the parties shall be prepared to discuss the parties' settlement efforts at the April 6, 2015 hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 147 MEDIATION REPORT Filed by Plaintiff Securities and Exchange Commission: Mediation held on October 29, 2014. The parties are unable to reach an agreement at this time.(Dean, Lynn) |
| Filing 146 NOTICE of Change of Firm Name filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
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Filing 145
ORDER GRANTING IN PART RECEIVER DAVID P. STAPLETON'S APPLICATION FOR FURTHER INSTRUCTIONS (Dkt. No. #126 ) by Magistrate Judge Suzanne H. Segal. The Court, having considered the above-referenced documents and other evidence and arguments presented to the Court, GRANTS IN PART the Receiver's August 20, 2014 Application for Further Instructions. (See Order for Further Details) (kl)
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| Filing 144 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Magistrate Judge Suzanne H. Segal. A telephonic status conference was held on October 6, 2014 at 11:00 a.m. regarding Receiver's Initial Report and Application for Further Instructions. Frank Zeng & Hilda Zeng, secured creditors, were also present. The Court's written order will issue separately. Court Recorder: XTR 10/06/14. (kl) |
| Filing 143 DECLARATION of Receiver, David P. Stapleton, In Response to re Objection/Opposition (Motion related), #137 to Stay of Foreclosure of REO Property Group, LLC, Frank Zeng and Hilda Zeng filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proof of Service)(Del Castillo, Joshua) |
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Filing 142
MINUTE (IN CHAMBERS) ORDER SETTING MATTER FOR A TELEPHONIC STATUS CONFERENCE by Magistrate Judge Suzanne H. Segal. The Court sets this matter for a Telephonic Status Conference on Monday, October 6, 2014, at 11:00 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: 1112# User Password: 6067# (kl)
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| Filing 141 NOTICE of Change of address by David J Van Havermaat attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071-9591. Filed by Plaintiff Securities and Exchange Commission. (Van Havermaat, David) |
| Filing 140 NOTICE of Change of address by Lynn M Dean attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 444 S. Flower Street, Suite 900, Los Angeles, CA 90071-9591. Filed by Plaintiff Securities and Exchange Commission. (Dean, Lynn) |
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Filing 139
MINUTE (IN CHAMBERS) ORDER SUA SPONTE CONTINUING HEARING DATE ON RECEIVER'S APPLICATION FOR FEES TO NOVEMBER 18, 2014 (Dkt. No. #128 ) by Magistrate Judge Suzanne H. Segal. On September 4, 2014, Judge Kronstadt referred the determination of issues relating to the Receiver, including fee requests, to the above-referenced Magistrate Judge. (Dkt. No. 134). The Court sua sponte continues the hearing on the Receiver's Application, originally noticed for November 10, 2014, to Tuesday, November 18, 2014 at 10 a.m. in courtroom 23. IT IS SO ORDERED. (See Order for Further Details) (kl)
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| Filing 138 Notice/Disclosure of Interested Parties Yes re: APPLICATION for Order for Instructions and Order in Aid of Receivership (with Proposed Order and Proof of Service) #104 filed by Objector REO Property Group, LLC. (Law, Philip) |
| Filing 137 Objection to Stay of Foreclosure Yes re: APPLICATION for Order for Instructions and Order in Aid of Receivership (with Proposed Order and Proof of Service) #104 filed by Objector REO Property Group, LLC. (Attachments: #1 Exhibit Declaration and Exhibits, #2 Proposed Order Proposed Order)(Attorney Philip C Law added to party REO Property Group, LLC(pty:obj))(Law, Philip) |
| Filing 136 NOTICE OF ERRATA filed by Defendant Yin Nan Michael Wang. correcting Objection/Opposition (Motion related), #132 (Gartenberg, Edward) |
| Filing 135 REPLY filed by Receiver David P. Stapleton to Objection/Opposition (Motion related), #132 to Defendant Wang's Opposition to Receiver's Initial Report and Petition for Instructions (with Proof of Service) (Del Castillo, Joshua) |
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Filing 134
(IN CHAMBERS) ORDER REFERRING MATTERS CONCERNING RECEIVER TO CHIEF MAGISTRATE JUDGE SEGAL by Judge John A Kronstadt: The Court refers to Chief Magistrate Judge Segal the determination of issues with respect to the oversight of the Receiver, including but not limited to, fee requests. See, e.g., Receiver's Application for an Order Granting First Fee Application for Payment of Fees of Receiver and Professionals (Dkt. 128) (the "Application").The Court takes the October 6, 2014 Status Conference and November 10, 2014 hearing on the Application off its calendar; they are to be reset by Judge Segal. However, a courtesy copy of any filing(s) by the Receiver with respect to the Status Conference shall be provided to this Court, and Chief Magistrate Judge Segal if she requires the same, when it is filed. The parties shall contact the Clerk to Chief Magistrate Judge Segal with respect to scheduling and related procedural issues. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 133
(IN CHAMBERS) ORDER ADVANCING OCTOBER 9, 2014 STATUS CONFERENCE RE OBJECTIONS TO RECEIVER'S STATUS REPORT (DKT. 120) by Judge John A Kronstadt: The Court, on its own motion, advances the Status Conference from October 9, 2014 to October 6, 2014 at 1:30 p.m. #120 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 132 Opposition re: First APPLICATION for Order for Granting Fee Application of Receiver and His Professionals for Payment of Fees and Reimbursement of Expenses #128 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Declaration of Edward Gartenberg in Support of Wang's Opposition)(Gartenberg, Edward) |
| Filing 131 DECLARATION of Jake Diiorio re Electronic Service of Notice of Filing of Initial Report re Notice (Other) #127 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 130 DECLARATION of David P. Stapleton In Support Of First APPLICATION for Order for Granting Fee Application of Receiver and His Professionals for Payment of Fees and Reimbursement of Expenses #128 filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 129 MEMORANDUM in Support of First APPLICATION for Order for Granting Fee Application of Receiver and His Professionals for Payment of Fees and Reimbursement of Expenses #128 filed by Receiver David P. Stapleton. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proof of Service)(Del Castillo, Joshua) |
| Filing 128 First APPLICATION for Order for Granting Fee Application of Receiver and His Professionals for Payment of Fees and Reimbursement of Expenses filed by Receiver David P. Stapleton. Application set for hearing on 11/10/2014 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proof of Service)(Del Castillo, Joshua) |
| Filing 127 NOTICE of Filing Initial Report and Application for Further Instructions of Receiver, David P. Stapleton filed by Receiver David P. Stapleton. (with Proof of Service) (Del Castillo, Joshua) |
| Filing 126 INITIAL REPORT of and Application for Further Instructions of Receiver, David P. Stapleton filed by Receiver David P. Stapleton. (Attachments: #1 Exhibit 1 and 2, #2 Proof of Service)(Del Castillo, Joshua) |
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Filing 125
ORDER by Judge John A. Kronstadt, GRANTING, IN PART, RECEIVER'S: (1) APPLICATION FOR INSTRUCTIONS AND FOR ORDER IN AID OF RECEIVERSHIP; AND (2) MOTION FOR ORDER AUTHORIZING RECEIVER TO EMPLOY AND COMPENSATE PROFESSIONALS. The attorneys' fees and costs incurred by the Receiver's counsel, Allen Matkins Leck Gamble Mallory & Natsis LLP ("Allen Matkins"), which attorneys' fees may not exceed $200,000 without further authorization from this Court. (shb)
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| Filing 124 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/7/14 at 9 a.m. re Transcript #123 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY |
| Filing 123 TRANSCRIPT for proceedings held on 7/7/14 at 9 a.m.. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number AKtranscripts.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/1/2014. Redacted Transcript Deadline set for 8/11/2014. Release of Transcript Restriction set for 10/9/2014. (Kielwasser, Anne) |
| Filing 122 NOTICE OF LODGING filed of [Proposed Order] re Order on Motion for Order, Order on Application for Order, Motion Hearing,,,,,,,,,,,,,,,,,,,,,,,,,,, #120 (Attachments: #1 Proposed Order Granting, in Part, Receiver's: (1) Application for Instructions and for Order in Aid of Receivership; and (2) Motion for Order Authorizing Receiver to Employ and Compensate Professionals, #2 Proof of Service)(Del Castillo, Joshua) |
| Filing 121 TRANSCRIPT ORDER as to Defendant Yin Nan Michael Wang Court Reporter. Court will contact Milena Dolukhanyan at mdolukhanyan@gghslaw.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Gartenberg, Edward) |
| Filing 120 MINUTES OF RECEIVER DAVID P. STAPLETONS MOTION FOR ORDER AUTHORIZING RECEIVER TO EMPLOY AND COMPENSATE PROFESSIONALS (DKT. 102); RECEIVER DAVID P. STAPLETONS APPLICATION FOR ORDER FOR INSTRUCTIONS AND ORDER IN AID OF RECEIVERSHIP (DKT. 104): Motion Hearing held before Judge John A. Kronstadt: The Motion and the Application are GRANTED IN PART. The proposed fees and costs are approved provisionally. The stay of litigation against the Receivership Entities is granted on an interim basis; provided, however, this Order is not intended to, and should not be read to, impose any restrictions on scheduling, hearing or substantive decisions by the California Court of Appeal with respect to the matter that is now before that appellate court. On or before August 21, 2014, the Receiver shall file a Status Report that includes the following: (i) theamount of attorneys fees that have been incurred and a general description of the matters that were undertaken by counsel; (ii) an estimate of the attorneys fees that will be incurred during the remainder of the period of receivership; (iii) a presentation of the revenue that has been generated from, and the costsassociated with, the operation and/or ownership of the real properties managed by the Stapleton Group and/or owned by the entities that are in receivership; and (iv) an estimate of the fees that will be incurred by the Stapleton Group to manage those properties during the remainder of the period of receivership.The Status Report shall be served on all interested parties, including parties to pending litigation against the Receivership Entities. Interested parties who have been properly served shall file any objections to the Status Report, or to the stay of litigation, on or before September 22, 2014. If any party to litigation pending with any of the Receivership Entities makes no written objection to the extension of the stay, it will be construed as consent to any requested extension. The Court schedules a hearing on October 9, 2014 at 11:30 a.m. to address any objections that are raised. If none is made, or if upon reviewing any objections, the Court concludes that no hearing will be needed, a Minute Order will issue taking the hearing off calendar. On or before July 10, 2014, the parties shall file a Proposed Order as to the Motion and the Application consistent with the terms of this Order and the discussion and rulings made at the hearing. Court Reporter: Anne Kielwasser. (shb) |
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Filing 119
ORDER GRANTING STIPULATION TO EXTEND MEDIATION COMPLETION DATE AND ACCOMPANYING DATES #117 by Judge John A. Kronstadt. It is ORDERED that: (1) The Mediation Completion Date is extended from July 15, 2014 until October 31, 2014. (2) The Post-Mediation Status Conference is continued from August 4, 2014 until November 17, 2014 at 1:30 p.m. (3) The Deadline to File Notice of Settlement or Joint Report Regarding Status of Settlement is continued from July 25, 2014 until November 7, 2014. (lom)
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| Filing 118 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for ADR Procedure No. 2 - (ADR-1) #113 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. Counsel shall comply with L.R. 7-1 and lodge a proposed order by June 30, 2014. Failure to file a notice of lodging regarding the proposed order by June 30, 2014 will result in the document being stricken. (shb) |
| Filing 117 STIPULATION to Continue Mediation Completion Date from July 15, 2014 to October 31, 2014 Re: Order,, #99 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Declaration of Edward Gartenberg In Support of Stipulation)(Gartenberg, Edward) |
| Filing 116 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Denise Madigan has been assigned to serve as Panel Mediator. (mb) |
| Filing 115 DECLARATION of Supplemental Declaration of David P. Stapleton In Support of MOTION for Order for Authorizing Receiver to Employ and Compensate Professionals; Memorandum of Points and Authorities In Support Thereof #102 filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 114 REPLY In Support of MOTION for Order for Authorizing Receiver to Employ and Compensate Professionals; Memorandum of Points and Authorities In Support Thereof #102 and Reply to Defendant Wang's Opposition to Motion filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 113 REQUEST for ADR Procedure No. 2 filled. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff Securities and Exchange Commission(Dean, Lynn) |
| Filing 112 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Denise R. Madigan may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Securities and Exchange Commission(Dean, Lynn) |
| Filing 111 NOTICE OF NON-OPPOSITION to MOTION for Order for Authorizing Receiver to Employ and Compensate Professionals; Memorandum of Points and Authorities In Support Thereof #102 , APPLICATION for Order for Instructions and Order in Aid of Receivership (with Proposed Order and Proof of Service) #104 filed by Plaintiff Securities and Exchange Commission. (Dean, Lynn) |
| Filing 110 OPPOSITION to MOTION for Order for Authorizing Receiver to Employ and Compensate Professionals; Memorandum of Points and Authorities In Support Thereof #102 filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 109 JUDGMENT by Judge John A. Kronstadt, in favor of Securities and Exchange Commission against Wendy Ko. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant 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 fromviolating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) [15 U.S.C. 78j(b)] and Rule 10b-5 promulgated thereunder[17 C.F.R. 240.10b-5] by using any means or instrumentality of interstatecommerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security. Related to: Stipulation for Judgment #107 . (See order for further details). (shb) |
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Filing 108
(IN CHAMBERS) ORDER RE NOTICE OF AMENDED STANDING ORDER(S) by Judge John A. Kronstadt: Counsel are advised that the Court has amended one or more of its Standing Orders. Counsel shall refer to this Court's Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov) to obtain the Order(s). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 107 STIPULATION for Judgment as to Defendant Wendy Ko filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Judgment as to Defendant Wendy Ko)(Dean, Lynn) |
| Filing 106 NOTICE of Interested Parties filed by Defendant Yin Nan Michael Wang, identifying Wendy Ko; Velocity Investment Group, Inc; Bio Profit Series I, LLC; Bio Profit II, LLC; Bio Profit Series III, LLC; Bio Profit Series V, LLC; Rockwell Realty Management, Inc; Velocity Alliance Fund, LLC; Velocity Valley & Grand, LLC. (Gartenberg, Edward) |
| Filing 105 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #100 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. (shb) |
| Filing 104 APPLICATION for Order for Instructions and Order in Aid of Receivership (with Proposed Order and Proof of Service) filed by Receiver David P. Stapleton. Application set for hearing on 7/7/2014 at 08:30 AM before Judge John A. Kronstadt. (Del Castillo, Joshua) |
| Filing 103 DECLARATION In Support of MOTION for Order for Authorizing Receiver to Employ and Compensate Professionals; Memorandum of Points and Authorities In Support Thereof #102 (with Proof of Service) filed by Receiver David P. Stapleton. (Del Castillo, Joshua) |
| Filing 102 NOTICE OF MOTION AND MOTION for Order for Authorizing Receiver to Employ and Compensate Professionals; Memorandum of Points and Authorities In Support Thereof filed by Receiver David P. Stapleton. Motion set for hearing on 7/7/2014 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order, #2 Exhibit A thru H, #3 Proof of Service)(Attorney Joshua Andrew Del Castillo added to party David P. Stapleton(pty:rc))(Del Castillo, Joshua) |
| Filing 101 SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Securities and Exchange Commission, by Publication on 04/09/2014 and 04/16/2014 upon Defendant Wendy Ko last date of publication 4/30/2014, answer due 5/20/2014. Publication was made in the International New York Times. (Dean, Lynn) |
| Filing 100 ANSWER to Complaint - (Discovery),, #3 with JURY DEMAND filed by Defendant Yin Nan Michael Wang.(Gartenberg, Edward) |
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Filing 99
ORDER GRANTING Request Regarding Settlement Conference; and Order Referring Parties to Private Mediation #97 by Judge John A. Kronstadt. The Court having considered the foregoing; and good cause appearingtherefore;IT IS HEREBY ORDERED: The Parties are hereby ORDERED to participate in private mediation with Denise Madigan to serve as private neutral, to be completed by 7/15/2014. The 8/4/2014 Post Mediation Status Conference and 7/25/2014 deadline to file a notice of settlement or joint report regarding the status of settlement remain. (jp)
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Filing 98
ORDER Joint Stipulation Regarding the Appointment of David Stapleton as the Court-Appointed Receiver #94 by Judge John A. Kronstadt that David Stapleton is hereby appointed Receiver for VIG, Bio Profit Series I, LLC, Bio Profit Series II, LLC Bio Profit Series III, LLC, Bio Profit Series V, LLC and Rockwell Realty Management, Inc., and the entities they control and manage, with the powers and subject to the limitations set forth in the Courts April 1, 2014 Order of Preliminary Injunction. (jp)
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| Filing 97 JOINT REPORT of Counsel re Settlement Conference filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Exhibit Resume, #2 Proposed Order Proposed Order)(Gartenberg, Edward) |
| Filing 96 NOTICE OF LODGING filed Proposed Order re Stipulation for Order #94 (Attachments: #1 Exhibit A: Proposed Order, #2 Proof of Service)(Dean, Lynn) |
| Filing 95 NOTICE TO FILER OF DEFICIENCIES RE JOINT STIPULATION REGARDING THE APPOINTMENT OF DAVID STAPLETON AS THE COURT-APPOINTED RECEIVER (DKT. 94) by Judge John A. Kronstadt: Please take notice that pursuant to Local Rule 5-4 and/or the Federal Rules of Civil Procedure, the following deficiency(ies) has been found with your electronically filed document: Pursuant to L.R. 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval. Counsel shall file a "Notice of Lodging of Proposed Order Re..." with the proposed order e-filed as an attachment to the notice by April 7, 2014, which is to also be emailed directly or uploaded through the CM/ECF system so that it is received in either Word or WordPerfect to the Court's chambers' email. Counsel have been advised of this Local Rule by the Clerk and by the Court on December 6, 2013. Dkt. 47. Counsel shall adhere to the CM/ECF Procedures and the Local Rules with respect to filing documents properly. Any future document that does not comply with this Local Rule will be stricken. 47 #94 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY |
| Filing 94 STIPULATION for Order Regarding the Appointment of David Stapleton as the Court-Appointed Receiver filed by Plaintiff Securities and Exchange Commission.(Dean, Lynn) |
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Filing 93
ORDER GRANTING PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS MOTIONS FOR PRELIMINARY INJUNCTION AND APPOINTMENT OF A RECEIVER AND AUTHORIZING SERVICE BY PUBLICATION ON KO (DKT. #91 ) by Judge John A. Kronstadt that the SEC's Motion for a Preliminary Injunction against Defendants is GRANTED and an injunction will issue in the form attached hereto as Exhibit A; FURTHER ORDERED that the SEC's motion for the Appointment of a Receiver is GRANTED in part and DENIED in part. FURTHER ORDERED that, Counsel shall meet and confer in an effort to reach an agreement on a receiver. FURTHER ORDERED that the SEC's motion for alternative service as to Ko is GRANTED, and the SEC may serve Ko by publication in the International New York Times once a week for four consecutive weeks pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure, and the SEC's deadline to serve Ko and file a proof of service with the Court is extended to 5/23/2014. (jp)
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| Filing 92 Notice of Filing and Submission of [Proposed] Order and [Proposed] Preliminary Injunction re EX PARTE APPLICATION for Temporary Restraining Order Ex Parte Application EX PARTE APPLICATION for Order to Show Cause re: A Preliminary Injunction Should Not Be Granted #4 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order RE: SEC's Motion for Preliminary Injunction, Appointment of Receiver and Motion Concerning Service, #2 Proposed Order Redlined [Proposed] Preliminary Injunction, #3 Proposed Order Wang's [Proposed] Preliminary Injunction, #4 Proposed Order SEC's [Proposed] Preliminary Injunction)(Gartenberg, Edward) |
| Filing 90 TRANSCRIPT for proceedings held on 10/15/13; 10:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/17/2014. Redacted Transcript Deadline set for 4/27/2014. Release of Transcript Restriction set for 6/25/2014. (Joko, Alexander) |
| Filing 89 TRANSCRIPT for proceedings held on 3/24/14; 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/17/2014. Redacted Transcript Deadline set for 4/27/2014. Release of Transcript Restriction set for 6/25/2014. (Joko, Alexander) |
| Filing 88 STIPULATION Extending Time to Answer the complaint as to Yin Nan Michael Wang answer now due 3/28/2014, re Complaint - (Discovery),, #3 filed by Defendant Yin Nan Michael Wang.(Gartenberg, Edward) |
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Filing 87
ORDER by Judge John A. Kronstadt: granting #86 Ex Parte Application Extending Asset Freeze to Velocity Investment Group, inc, Bio Profit Series I LlC, Bio Profit Series II LLC, Bio Profit Series III LLC, Bio Profit Series V LLC and Rockwell Relty Management Inc. IT IS HEREBY ORDERED that the asset freeze as to Defendants Velocity Investment Group, Inc., Bio Profit Series I, LLC, Bio Profit Series II, LLC, Bio Profit Series III, LLC, Bio Profit Series V, LLC, and Rockwell Realty Management, Inc. entered by this Court on October 15, 2014 and previously extended by Orders dated October 23, 2013, and December 5, 2014, is hereby extended an additional two weeks, until April 8, 2014, or until the appointment of a receiver by this Court, whichever occurs first. (shb)
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| Filing 86 EX PARTE APPLICATION for Order for Extending Asset Freeze as to Velocity Investment Group, Inc., Bio Profit Series I, LLC, Bio Profit Series II, LLC, Bio Profit Series III, LLC, Bio Profit Series V, LC, and Rockwell Realty Management, Inc. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean, #2 Exhibit 1 to Declaration of Lynn M. Dean, #3 Proposed Order)(Dean, Lynn) |
| Filing 91 MINUTES OF PLAINTIFF'S MOTION FOR ORDER DEEMING SERVICE ON DEFENDANT WANG TO HAVE BEEN EFFECTED THROUGH COUNSEL, AND AUTHORIZING SERVICE BY PUBLICATION ON WANG AND KO (DKT. 59); ORDER TO SHOW CAUSE RE TEMPORARY RESTRAINING ORDER ANDPERMANENT INJUNCTION (DKT. 1); SCHEDULING CONFERENCE: Motion Hearing, Order to Show Cause Hearing and Scheduling Conference held before Judge John A. Kronstadt. The Court states that Plaintiffs Motion for an Order Deeming Service on Defendant Wang to Have Been Effected Through Counsel and Authorizing Service by Publication on Wang and Ko is MOOT as to Wang and GRANTED as to Ko. The hearing on the Order to Show Cause is held. The Court GRANTS IN PART the ExParte Application for a Preliminary Injunction. The Court states that a receiver shall be appointed and given the limited, initial powers. Plaintiff has not made a sufficient showing that these powers are presently required. This Order is without prejudice to an application by the Receiver to the Court to be granted some or all of these powers in addition to other powers. Counsel shall meet and confer in an effort to reach an agreement on a receiver. Counsel shall each file, on or before April 3, 2014, the name and resume of their respective nominee together with a report, not to exceed 10 pages. Counsel shall confer and lodge, on or before March 28, 2014, a proposed order reflecting these rulings. The Court grants Plaintiffs request to unseal the transcript from the October 15, 2013 hearing, which was not opposed. The scheduling conference is held. The Court confers with counsel regarding the status of the case and the parties March 14, 2014 Joint Report and sets the following deadlines: April 30, 2014: Last day to amend or add parties; July 15, 2014: Last day to participate in a settlement conference/mediation; August 4, 2014 at 1:30 p.m.: Post Mediation Status Conference; December 31, 2014: Non-Expert Discovery Cut-Off; January 9, 2015: Initial Expert Disclosures; January 23, 2015: Rebuttal Expert Disclosures; February 6, 2015: Expert Discovery Cut-Off; February 9, 2015: Last day to hear motions; April 6, 2015 at 3:00 p.m.: Final Pretrial Conference / Motions in Limine; April 17, 2015 at 3:00 p.m.: Status Conference re Exhibits; April 21, 2015 at 9:00 a.m.: Jury Trial (est. 4 weeks). The Court grants the parties request to participate in a settlement conference. The parties are ordered to have a representative with authority to make final decisions as to this matterpresent at the settlement conference or mediation. (See order for further details). Court Reporter: Alex Joko. (shb) |
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Filing 85
ORDER ON COURT/JURY TRIAL by Judge John A Kronstadt: The Court sets the following trial dates: Jury Trial - April 21, 2015 at 9:00 a.m.; Status Conference re Exhibits - April 17, 2015 at 3:00 p.m.; and Final Pretrial Conference - April 6, 2015 at 3:00 p.m. Counsel for all parties shall comply with this Courts standing orders with respect to documents to be prepared and filed in connection with the Final Pretrial Conference. (ake)
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Filing 84
ORDER Ruling on Defendant's Amended Evidentiary Objections to Declarations and Exhibits filed by Peter F. Del Greco (Dkt 9, 55, 79) by Judge John A. Kronstadt. (jp)
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Filing 83
ORDER Ruling on Defendant's Amended Evidentiary Objections to Declarations and Exhibits filed by Lynn M Dean (Dkt 52, 55, 60, 61) by Judge John A. Kronstadt. (jp)
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Filing 82
ORDER Ruling on Defendant's Amended Evidentiary Objections to Declarations and Exhibits filed by Dora M. Zaldivar (Dkt 6, 52, 54, 55, 77) by Judge John A. Kronstadt. (jp)
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Filing 81
ORDER Ruling on Defendant's Amended Evidentiary Objections to Declarations and Exhibits filed by Christine Guan (Dkt 7, 55, 78 by Judge John A. Kronstadt. (jp)
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Filing 80
ORDER Ruling on Defendant's Amended Evidentiary Objections to Declarations and Exhibits filed by M. Lance Jasper (Dkt 11, 55, 76) by Judge John A. Kronstadt. (jp)
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| Filing 79 RESPONSE filed by Plaintiff Securities and Exchange Commissionto Objection/Opposition (Motion related), #71 to Evidentiary Objections to Declaration of Peter F. Del Greco (Dean, Lynn) |
| Filing 78 RESPONSE filed by Plaintiff Securities and Exchange Commissionto Objection/Opposition (Motion related), #72 to Declaration and Exhibits of Christine Guan (Dean, Lynn) |
| Filing 77 RESPONSE filed by Plaintiff Securities and Exchange Commissionto Objection/Opposition (Motion related), #74 to Declaration and Exhibits of Dora M. Zaldivar (Dean, Lynn) |
| Filing 76 RESPONSE filed by Plaintiff Securities and Exchange Commissionto Objection/Opposition (Motion related), #73 to Declaration and Exhibits of M. Lance Jasper (Dean, Lynn) |
| Filing 75 RESPONSE filed by Plaintiff Securities and Exchange Commissionto Objection/Opposition (Motion related), #70 to Declaration of Exhibits of Lynn M. Dean (Dean, Lynn) |
| Filing 74 Objection Opposition re: EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
| Filing 73 Objection Opposition re: EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
| Filing 72 Objection Opposition re: EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
| Filing 71 Objection Opposition re: EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
| Filing 70 Amended Evidentiary Objection Opposition re: EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Proposed Order)(Gartenberg, Edward) |
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Filing 69
(IN CHAMBERS) ORDER RE DEFENDANTS EVIDENTIARY OBJECTIONS (DKT. 55) by Judge John A. Kronstadt: The Court has received Defendant Yin Yan (Michael) Wang's ("Objections"), which do not comply with the Court's Initial Standing Order with respect to how such objections shall be prepared. Counsel shall file Amended Objections to Dkt. 55-1, 55-2, 55-3, 55-4 and 55-5 no later than 12:00 p.m. on March 21, 2014 and comply with the requirements with respect to the proposed orders regarding such. #55 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 68 JOINT REPORT Rule 26(f) Discovery Plan Joint Rule 16(b) Report filed by Defendants Velocity Investment Group Inc, Yin Nan Michael Wang.. (Attachments: #1 Exhibit Schedule of Pretrial and Trial Dates)(Gartenberg, Edward) |
| Filing 67 REPLY in support of MOTION for Order for Deeming Service on Defendant Wang to Have Been Effected Through Counsel, and Authorizing Service by Publication on Wang and Ko #59 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean, #2 Exhibit 1 to Declaration of Lynn M. Dean)(Dean, Lynn) |
| Filing 66 RECEIPT FOR FOREIGN SERVICE from U. S. Post Office for documents Re: ( Initial Order upon Filing of Complaint, #13 , Notice to Parties of Court-Directed ADR Program (ADR-8) #12 , Complaint - (Discovery),, #3 ) mailed to Mr Yin Nan "Michael" Wang, Flat C, Victoria Mansion, 12 Gordon Road, Causeway Bay, Hong Kong, Attn Kong Yum on 3/4/2014 by Federal Express (International) Air Mail (shb) |
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Filing 65
(IN CHAMBERS) ORDER AMENDING THE COURT'S ORDER RE REPLY TO PLAINTIFFS MOTION FOR ORDER DEEMING SERVICE ON DEFENDANT WANG TO HAVE BEEN EFFECTED THROUGH COUNSEL, AND AUTHORIZING SERVICE BY PUBLICATION ON WANG AND KO (DKT. 64) by Judge John A Kronstadt: The Court's prior Order directing the filing of a reply (Dkt. 64) is amended as follows: In light of Defendant having filed an opposition to Plaintiff's Motion on March 3, 2014, the Court directs Plaintiff to file a reply by 12:00 p.m. on March 10, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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Filing 64
(IN CHAMBERS) ORDER RE REPLY TO PLAINTIFFS MOTION FOR ORDER DEEMING SERVICE ON DEFENDANT WANG TO HAVE BEEN EFFECTED THROUGH COUNSEL, AND AUTHORIZING SERVICE BY PUBLICATION ON WANG AND KO (DKT. 59) by Judge John A Kronstadt: In light of Defendant having filed an opposition to Defendant's Motion on March 3, 2014, the Court directs Defendant to file a reply by 12:00 p.m. on March 10, 2014. #63 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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| Filing 63 Opposition in opposition re: MOTION for Order for Deeming Service on Defendant Wang to Have Been Effected Through Counsel, and Authorizing Service by Publication on Wang and Ko #59 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Declaration Declaration of E. Gartenberg ISO Opposition, #2 Supplement Separate Request to File Opposition)(Gartenberg, Edward) |
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Filing 62
(IN CHAMBERS) ORDER RE OPPOSITION TO PLAINTIFFS MOTION FOR ORDER DEEMING SERVICE ON DEFENDANT WANG TO HAVE BEEN EFFECTED THROUGH COUNSEL, AND AUTHORIZING SERVICE BY PUBLICATION ON WANG AND KO (DKT. 59) by Judge John A Kronstadt: Pursuant to Local Rules 6-1 and 7-9 and this Courts Standing Orders (p. 6, 9(b)), a response to the Motion was to have been filed. The Court directs Defendants to file an opposition no later than 12:00 p.m. on March 4, 2014. Additionally, counsel shall file a separate request by 12:00 p.m. on March 4, 2014 to file the opposition, which shall explain the reason why the opposition was not filed timely and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition and request are not filed by 12:00 p.m. on March 4, 2014, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. #59 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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| Filing 61 NOTICE OF ERRATA filed by Plaintiff Securities and Exchange Commission. correcting Reply (Motion related), #60 re Supplemental Declaration of Lynn M. Dean in Support of Request for Appointment of a Receiver, and Preliminary Injunction (Attachments: #1 Declaration of Lynn M. Dean)(Dean, Lynn) |
| Filing 60 REPLY in Support of EX PARTE APPLICATION for Temporary Restraining Order Ex Parte Application EX PARTE APPLICATION for Order to Show Cause re: A Preliminary Injunction Should Not Be Granted #4 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean, #2 Declaration of Sheldon Beverly, #3 Declaration of Jayne Ellen Woody, #4 Declaration of Olivia Carnegie, #5 Response to Evidentiary Objections)(Dean, Lynn) |
| Filing 59 NOTICE OF MOTION AND MOTION for Order for Deeming Service on Defendant Wang to Have Been Effected Through Counsel, and Authorizing Service by Publication on Wang and Ko filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 3/24/2014 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum, #2 Declaration of Lynn M. Dean, #3 Exhibit 1 to Declaration of Lynn M. Dean, #4 Exhibit 2 to Declaration of Lynn M. Dean, #5 Exhibit 3 to Declaration of Lynn M. Dean, #6 Exhibit 4 to Declaration of Lynn M. Dean, #7 Exhibit 5 to Declaration of Lynn M. Dean, #8 Proposed Order)(Dean, Lynn) |
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Filing 58
ORDER GRANTING PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS EX PARTEAPPLICATION TO SEAL UNREDACTED EXHIBIT (DKT. 52-11 ONLY) #53 by Judge John A. Kronstadt (shb)
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| Filing 57 JOINDER filed by Defendant Velocity Investment Group Inc joining in Objection/Opposition (Motion related),,, #55 . (Cowan, Andrew) |
| Filing 56 DECLARATION of Edward Gartenberg in opposition to EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Gartenberg, Edward) |
| Filing 55 Opposition in opposition re: EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 filed by Defendant Yin Nan Michael Wang. (Attachments: #1 Supplement Evidentiary Objections to Declaration of Del Greco, #2 Supplement Evidentiary Objections to Declaration of Jasper, #3 Supplement Evidentiary Objections to Declaration of Dean, #4 Supplement Evidentiary Objections to Declaration of Zaldivar, #5 Supplement Evidentiary Objections to Declaration of Guan)(Attorney Edward Gartenberg added to party Yin Nan Michael Wang(pty:dft))(Gartenberg, Edward) |
| Filing 54 NOTICE OF ERRATA filed by Plaintiff Securities and Exchange Commission. correcting EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 #52 Corrected Supplemental Declaration of Dora M. Zaldivar (Docket Nos. 52-10 and 52-11) (Attachments: #1 Corrected Supplemental Declaration of Dora M. Zaldivar, #2 Exhibit 1 to Corrected Supplemental Declaration of Dora M. Zaldivar)(Dean, Lynn) |
| Filing 53 APPLICATION for Order for Sealing Unredacted Exhibit filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean, #2 Exhibit 1 of Lynn M. Dean Declaration, #3 Exhibit 2 of Lynn M. Dean Declaration, #4 Exhibit 3 of Lynn M. Dean Declaration, #5 Proposed Order)(Dean, Lynn) |
| Filing 52 EX PARTE APPLICATION to Supplement Memorandum of Points and Authorities in Support of Plaintiff Securities and Exchange Commission's Application for Appointment of a Receiver and a Preliminary Injunction re Memorandum in Support of Motion #5 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean, #2 Exhibit 1 - Lynn M. Dean Declaration, #3 Exhibit 2 - Lynn M. Dean Declaration, #4 Exhibit 3 - Lynn M. Dean Declaration, #5 Exhibit 4 - Lynn M. Dean Declaration, #6 Exhibit 5 - Lynn M. Dean Declaration, #7 Exhibit 6 - Lynn M. Dean Declaration, #8 Exhibit 7 - Lynn M. Dean Declaration, #9 Exhibit 8 - Lynn M. Dean Declaration, #10 Declaration of Dora M. Zaldivar, #11 Exhibit 1 - Dora M. Zaldivar Declaration)(Dean, Lynn) |
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Filing 51
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge John A Kronstadt: The Scheduling Conference is set for March 24, 2014 at 8:30 am, with the Joint Report, which shall include the completed Schedule of Pretrial and Trial Dates, to be filed no later than March 14, 2014. (ake)
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| Filing 50 DEFAULT BY CLERK ENTERED as to *Defendants Bio Profit Series I LLC, Bio Profit Series II LLC, Bio Profit Series III LLC, Bio Profit Series V LLC, Rockwell Realty Management Inc* (bp) |
| Filing 49 REQUEST for Clerk to Enter Default against Defendants Bio Profit Series I LLC, Bio Profit Series II LLC, Bio Profit Series III LLC, Bio Profit Series V LLC, Rockwell Realty Management Inc filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Lynn M. Dean)(Dean, Lynn) |
| Filing 48 of Interested Parties filed by Defendant Velocity Investment Group Inc, identifying Yin Nan "Michael" Wang; Wendy Ko; Bio Profit Series I, LLC; Bio Profit Series II, LLC; Bio Profit Series III, LLC; Bio Profit Series V, LLC; Rockwell Realty Management, Inc.. (Cowan, Andrew) |
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Filing 47
NOTICE TO FILER OF DEFICIENCIES RE RENEWED REQUEST TO EXTEND THE OCTOBER 23, 2013 AMENDED TEMPORARY RESTRAINING ORDER AND CONTINUE HEARING ON THE ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED (DKT. 41) by Judge John A. Kronstadt: Please take notice that pursuant to Local Rule 5-4 and/or the Federal Rules of Civil Procedure, the following deficiency(ies) has been found with your electronically filed document: Pursuant to L.R. 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval. Counsel shall file a "Notice of Lodging of Proposed Order Re..." with the proposed order e-filed as an attachment to the notice by December 9, 2013, which is to also be emailed to the Court's chambers' email in either Word or WordPerfect. #41 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) #45 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. 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 45 ANSWER to Complaint - (Discovery),, #3 filed by Defendant Velocity Investment Group Inc.(Cowan, Andrew) |
| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) #42 . The following error(s) was found: Case number is incorrect. The document is accepted as filed. (rne) |
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Filing 43
SECOND AMENDED TEMPORARY RESTRAINING ORDER and Order to Show Cause Why a Preliminary Injunction should not be granted by Judge John A. Kronstadt: SECs application for a Temporary Restraining Order against Defendants Yin Nan Michael Wang, Wendy Ko, Velocity Investment Group, Inc., Bio Profit Series I, LLC, Bio Profit Series II, LLC, Bio Profit Series III, LLC, Bio Profit Series V, LLC, and Rockwell Realty Management, Inc., and Order To Show Cause Why a Preliminary Injunction Should Not Be Granted #40 is GRANTED. IT IS FURTHER ORDERED that at 8:30 a.m. on March 24, 2014, or as soon thereafter as the parties may be heard, the Defendants, and each of them, shall appear before the Honorable John A. Kronstadt, Judge of the United States District Court forthe Central District of California, to show cause, if there be any, why a preliminary injunction should not be granted. (See document for further details) (ir)
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| Filing 42 STIPULATION Extending Time to Answer the complaint as to Velocity Investment Group Inc answer now due 12/9/2013, re Complaint - (Discovery),, #3 filed by Defendant Velocity Investment Group Inc.(Cowan, Andrew) |
| Filing 41 Renewed REQUEST for Order for to Extend the October 23, 2013 Amended Temporary Restraining Order and Continue Hearing on the Order to Show Cause Why a Preliminary Injunction Should Not Be Granted filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Dean, Lynn) |
| Filing 40 REQUEST for Order for to extend the October 23, 2013 Amended Temporary Restraining Order and continue hearing on the Order to Show Cause Why a Preliminary Injunction Should Not Be Granted filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proof of Service: Request to Extend, #2 Declaration Lynn M. Dean, #3 Proof of Service: Declaration, #4 Proposed Order, #5 Proof of Service: Proposed Order)(Dean, Lynn) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Velocity Investment Group Inc served on 10/18/2013, answer due 11/8/2013. Service of the Summons and Complaint were executed upon Denice Perry, Process Specialist in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Dean, Lynn) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Bio Profit Series V LLC served on 10/18/2013, answer due 11/8/2013. Service of the Summons and Complaint were executed upon Shannon McCarthy, Process Specialist in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Dean, Lynn) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Bio Profit Series I LLC served on 10/18/2013, answer due 11/8/2013; Bio Profit Series II LLC served on 10/18/2013, answer due 11/8/2013; Bio Profit Series III LLC served on 10/18/2013, answer due 11/8/2013. Service of the Summons and Complaint were executed upon Melanie McGrath, Process Specialist in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Attachments: #1 Bio Profit Series II, #2 Bio Profit Series III)(Dean, Lynn) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Securities and Exchange Commission, upon Defendant Rockwell Realty Management Inc served on 10/17/2013, answer due 11/7/2013. Service of the Summons and Complaint were executed upon Kenny Pang, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Dean, Lynn) |
| Filing 35 SEALED DOCUMENT - AMENDMENT TO SCHEDULE OF ASSETS filed by Defendant Velocity Investment Group Inc. (shb) |
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Filing 34
ORDER by Judge John A. Kronstadt: Application for Order to file documents under seal #33 is GRANTED. (ir)
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| Filing 33 NOTICE OF APPLICATION AND APPLICATION for order to file documents under seal filed by Defendant Velocity Investment Group Inc. (ir) |
| Filing 32 AMENDED PROOFS OF SERVICE filed by Plaintiff Securities and Exchange Commission, re Declaration (non-motion) #17 , REQUEST for Order for MODIFY AND EXTEND THE OCTOBER 15,2013 TEMPORARY RESTRAINING ORDER AND CONTINUE HEARING ON THE ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED #16 served on October 18, 2013. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proof of Service)(Van Havermaat, David) |
| Filing 31 NOTICE of Manual Filing filed by Defendant Velocity Investment Group Inc of Amendment to Application, Proposed Order, Schedule of Assets. (Cowan, Andrew) |
| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), #29 . The following error(s) was found: Title page is missing. Please re-file this document with a caption page by November 11, 2013. (shb) |
| Filing 29 OF SERVICE filed by Plaintiff Securities and Exchange Commission, re Declaration (non-motion) #17 , REQUEST for Order for MODIFY AND EXTEND THE OCTOBER 15,2013 TEMPORARY RESTRAINING ORDER AND CONTINUE HEARING ON THE ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED #16 Amended Proofs of Service served on October 18, 2013. (Attachments: #1 Amended Proof of Service: Declaration, #2 Amended Proof of Service: Proposed Order)(Van Havermaat, David) |
| Filing 27 SEALED DOCUMENT - PROTECTIVE ORDER (cbr) |
| Filing 26 SEALED DOCUMENT - DEFENDANT VELOCITY INVESTMENT GROUP, INC.'S NOTICE OF REQUEST AND REQUEST FOR PROTECTIVE ORDER. (cbr) |
| Filing 25 SEALED DOCUMENT - ORDER TO FILE DOCUMENT UNDER SEAL. (cbr) |
| Filing 23 SEALED DOCUMENT - DEFENDANT VELOCITY INVESTMENT GROUP'S SCHEDULE OF ASSETS.(cbr) (Additional attachment(s) added on 11/1/2013: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5) (cbr). |
| Filing 22 SEALED DOCUMENT - ORDER TO FILE DOCUMENTS UNDER SEAL. (cbr) |
| Filing 24 APPLICATION For Order To File Document Under Seal filed by defendant Velocity Investment Group Inc. (cbr) |
| Filing 21 DEFENDANT VELOCITY INVESTMENT GROUP INC'S NOTICE OF APPLICATION AND APPLICATION TO FILE DOCUMENTS UNDER SEAL filed by Defendant Velocity Investment Group Inc. Lodged Proposed Order. (Attorney Andrew Cowan added to party Velocity Investment Group Inc(pty:dft))(shb) |
| Filing 19 NOTICE OF NON-OPPOSITION AND REQUEST TO MODIFY AND EXTEND THE OCTOBER 15,2013 TEMPORARY RESTRAINING ORDER AND CONTINUE HEARING ON THE ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED #16 filed by Plaintiff Securities and Exchange Commission. (shb) Modified on 10/28/2013 (shb). |
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Filing 18
AMENDED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED by Judge John A. Kronstadt. (shb)
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| Filing 17 DECLARATION of LYNN DEAN filed by Plaintiff Securities and Exchange Commission. (shb) |
| Filing 16 REQUEST TO MODIFY AND EXTEND THE OCTOBER 15,2013 TEMPORARY RESTRAINING ORDER AND CONTINUE HEARING ON THE ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED filed by Plaintiff Securities and Exchange Commission. (shb) (Additional attachment(s) added on 10/23/2013: #1 PART 2) (shb). |
| Filing 15 21 DAY Summons Issued re Complaint #3 as to Defendants Bio Profit Series I LLC, Bio Profit Series II LLC, Bio Profit Series III LLC, Bio Profit Series V LLC, Wendy Ko, Rockwell Realty Management Inc, Velocity Investment Group Inc, Yin Nan Michael Wang. (mg) |
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Filing 14
(IN CHAMBERS) ORDER RE PILOT PROGRAM FOR UNDER SEAL DOCUMENTS by Judge John A Kronstadt: This Court is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed sealed documents must be submitted via email to the Judges Chambers email at: jak_chambers@cacd.uscourts.gov consistent with this Order. (ake)
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Filing 13
INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt: Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. The Initial Standing Order can also be found under the Courts Procedures and Schedules found on the United States District Courts Website (www.cacd.uscourts.gov). (ake)
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| Filing 28 MINUTES: Plaintiff's Ex Parte Application for a Temporary Restraining Order andOrder to Show Cause Why a Preliminary Injunction Should Not Be Granted: The hearing is held. The Court orders that the proceedings be sealed, and that the hearing transcript be sealed until such time as a request is made, and for good cause shown is granted, to have it unsealed. The Court questions counsel for plaintiff regarding its Ex Parte Application (the "Application"). The Courtstates its tentative view that it is inclined to grant in part and deny in part the Application. The Court adheres to its tentative views, granting in part and denying in part plaintiffs ex parte application. Plaintiff's Proposed Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Be Granted is modified to comport with the Court's ruling, as noted on the record and as reflected in the signed Temporary Restraining Order and Order to Show Cause, issued on this date. Defendants' written response to the Temporary Restraining Order and Order to Show Cause is to be electronically filed on or before 12:00 noon on October 21, 2013. Any reply by Plaintiffs is due on or before 12:00 noon on October 24, 2013. A hearing on the matter is set for Monday, October 28, 2013 at 11:00 a.m. The parties may request a continuance of these deadlines or the hearing date by filing a stipulation and proposed order (See document for further details) IT IS SO ORDERED Judge John A. Kronstadt Court Reporter: Alex Joko. (ir) |
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Filing 20
MINUTE ORDER IN CHAMBERS by Judge John A. Kronstadt: re: EXPARTE APPLICATION to Seal #1 . The hearing is held. The Court orders that the proceedings be sealed, and that the hearing transcript be sealed until such time as a request is made, and for good cause shown is granted, to have it unsealed. The Court questions counsel for Plaintiff regarding its Ex Parte Application (the Application). The Court states its tentative view that it is inclined to grant in part and deny in part the Application. The Court, however, is not inclined to appoint a temporary receiver with full power to take immediate andcomplete control over the entities. The Court adheres to its tentative views, granting in part and denying in part plaintiffs ex parte application. Plaintiffs Proposed Temporary Restraining Order and Order to Show Cause Why aPreliminary Injunction Should Not Be Granted is modified to comport with the Courts ruling, as noted on the record and as reflected in the signed Temporary Restraining Order and Order to Show Cause, issued on this date. Defendants written response to the Temporary Restraining Order and Order to Show Cause is to be electronically filed on or before 12:00 noon on October 21, 2013. Any reply by Plaintiffs is due on or before 12:00 noon on October 24, 2013. A hearing on the matter is set for Monday, October 28, 2013 at 11:00 a.m. The parties may request a continuance of these deadlines or the hearing date by filing a stipulation and proposed order. (shb)
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| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 11 DECLARATION of M. LANCE JASPER filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Part 1 to Declaration of M. Lance Jasper, #2 Part 2 to Declaration of M. Lance Jasper, #3 Part 3 to Declaration of M. Lance Jasper, #4 Part 4 to Declarat of M. Lance Jasper, #5 Part 5 to Declaration of M. Lance Jasper, #6 Part 6 to Declaration of M. Lance Jasper). (et) (Attachment 5 replaced on 11/6/2013) (mda). |
| Filing 10 RECOMMENDATION by Plaintiff Securities and Exchange Commission that David Stapleton be Appointed Receiver. filed by Plaintiff Securities and Exchange Commission. (et) (Main Document 10 replaced on 11/7/2013) (mda). |
| Filing 9 DECLARATION of PETER F. DEL GRECO filed by Plaintiff Securities and Exchange Commission. (et) |
| Filing 8 SEALED DOCUMENT - TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED. (gk) |
| Filing 7 DECLARATION of CHRISTINE GUAN filed by Plaintiff Securities and Exchange Commission. (et) |
| Filing 6 DECLARATION of DORA M. ZALDIVAR filed by Plaintiff Securities and Exchange Commission. (et) |
| Filing 5 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Temporary Restraining Order and Order to Show Cause re: A Preliminary Injunction Should Not Be Granted #4 filed by Plaintiff Securities and Exchange Commission. (et) |
| Filing 4 PLAINTIFFS SECURITIES AND EXCHANGE COMMISSION'S EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re: A Preliminary Injunction Should Not Be Granted filed by Plaintiff Securities and Exchange Commission. (et) (Main Document 4 replaced on 11/6/2013) (mda). |
| Filing 3 COMPLAINT against Defendants Bio Profit Series I LLC, Bio Profit Series II LLC, Bio Profit Series III LLC, Bio Profit Series V LLC, Wendy Ko, Rockwell Realty Management Inc, Velocity Investment Group Inc, Yin Nan Michael Wang.Case assigned to Judge John A. Kronstadt for all further proceedings. Discovery referred to Magistrate Judge Suzanne H. Segal. (Filing fee $ 400 PAID.), filed by Plaintiff Securities and Exchange Commission.(et) [Summons not Issued on 10/15/2013.] (Main Document 3 replaced on 11/6/2013) (mda). |
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Filing 2
ORDER by Judge John A. Kronstadt: Granting #1 Temporarily Sealing Plaintiff's Entire Application for TRO Filed on October 11, 2013 and that the remain sealed until two business days after the Court issues its ruling on the TRO application. (et).
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| Filing 1 PLAINTIFF SECURITIES AND EXCHANGED COMMISSION'S EX PARTE APPLICATION to file Plaintiff's Application for TRO Temporarily Under Seal Under Local Rule 79-5.1 filed by Plaintiff Securities and Exchange Commission.(et) |
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