Securities and Exchange Commission v. Pacific West Capital Group, Inc. et al
| Securities and Exchange Commission |
| Pacific West Capital Group, Inc., Andrew B Calhoun, IV, PWCG Trust, Brenda Christine Barry, BAK West, Inc., Andrew B Calhoun, Jr., Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta and Caleb Austin Moody doing business as Sky Stone |
| Thomas C Hebrank |
| David W Amandus |
| Wesley K Bemis |
| 2:2015cv02563 |
| April 7, 2015 |
| US District Court for the Central District of California |
| Frederick F Mumm |
| Dean D Pregerson |
| Alka Sagar |
| Securities/Commodities |
| 15 U.S.C. § 77 Securities Fraud |
| Defendant |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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Filing 532
TEXT ENTRY by Chambers of Judge Dean D. Pregerson. The previously set pretrial conference and trial dates are hereby vacated. A summary judgment order shall issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 531
NOTICE OF FILING TRANSCRIPT filed for proceedings Monday, 10/24/2022 Motions on #482 ; #485 ; #486 ; #487 ; #483 ; #490 ; #500 ; #501 , 10:25 A.M. re Transcript #530 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY
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Filing 530
TRANSCRIPT for proceedings held on Monday, 10/24/2022 motions on #482 ; #485 ; #486 ; #487 ; #483 ; #490 ; #500 ; #501 , 10:25 A.M.. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. 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 MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/28/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/7/2023. (Bustillos, Maria)
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Filing 529
Notice of Lodging filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Zaccaro, Thomas)
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Filing 528
Notice of Lodging filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Plaintiff Securities and Exchange Commission's Proposed Findings of Fact and Conclusions of Law)(Searles, Donald)
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Filing 527
(IN CHAMBERS) TEXT ENTRY by Judge Dean D. Pregerson. On the court's own motion, the Final Pretrial Conference and Motions in Limine Hearing is continued to be heard on 12/12/2022 at 10:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 526
NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Pretrial Conference Order)(Searles, Donald)
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Filing 525
REPLY in Support of MOTION IN LIMINE (2) to Exclude Evidence and Mention of Investors' Subjective Beliefs #519 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 524
REPLY in Support of MOTION IN LIMINE (1) to Exclude Witness Not Disclosed in Rule 26(A)(1) Initial Disclosures #518 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration Supplemental Declaration of Alyssa K. Tapper, #2 Declaration of Service)(Zaccaro, Thomas)
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Filing 523
OPPOSITION re: MOTION IN LIMINE (2) to Exclude Evidence and Mention of Investors' Subjective Beliefs #519 filed by Plaintiff Securities and Exchange Commission. (Searles, Donald)
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Filing 522
OPPOSITION re: MOTION IN LIMINE (1) to Exclude Witness Not Disclosed in Rule 26(A)(1) Initial Disclosures #518 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Donald W. Searles)(Searles, Donald)
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Filing 521
NOTICE OF ERRATA filed by Plaintiff Securities and Exchange Commission. correcting Stipulation re: Exhibits Pretrial Trial #514 (Wanner, Kathryn)
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Filing 520
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Zaccaro, Thomas)
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Filing 519
NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Evidence and Mention of Investors' Subjective Beliefs filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 12/5/2022 at 11:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Proposed Order Granting Defendants' Motion in Limine, #3 Declaration of Service)(Zaccaro, Thomas)
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Filing 518
NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Witness Not Disclosed in Rule 26(A)(1) Initial Disclosures filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 12/5/2022 at 11:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Alyssa K. Tapper in Support, #3 Proposed Order Granting Motion in Limine to Exclude Witness Not Disclosed in Initial Disclosures, #4 Declaration of Service)(Zaccaro, Thomas)
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Filing 517
Witness List filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody.. (Zaccaro, Thomas)
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Filing 516
Witness List filed by Plaintiff Securities and Exchange Commission.. (Wanner, Kathryn)
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Filing 515
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 514
Amended PRETRIAL STIPULATION regarding Exhibits Third. (Wanner, Kathryn)
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Filing 513
STATUS REPORT Receiver's Nineteenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 512
TRANSCRIPT ORDER as to Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody for Court Reporter. Court will contact Mel Manahan at melmanahan@paulhastings.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Zaccaro, Thomas)
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Filing 511
TRANSCRIPT ORDER as to Plaintiff Securities and Exchange Commission for Court Reporter. (Wanner, Kathryn)
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Filing 510
MINUTES OF Motion for Renewed Summary Judgment #482 ; Application for hearing Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #485 ; Application for Hearing Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver #486 ; Application for Hearing Fourth Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #487 ; MOTION for Summary Judgment #483 ; Plaintiff MOTION IN LIMINE to Exclude Expert Testimony of Marc Fagel #490 ; APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #500 ; APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory &Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #501 Hearing held before Judge Dean D. Pregerson: The pending applications by Receiver Thomas C Hebrank (Docket Nos. 485, 486, 487, 500 and 501) are hereby granted. After hearing argument by counsel, the pending motions for summary judgment and motion in limine are hereby submitted. The court will issue a separate order regarding the Motion for Renewed Summary Judgment (Docket No. 482), Motion for Summary Judgment (Docket No. 483), and Motion in Limine (Docket No. 490). Court Reporter: Maria Bustillos. (shb)
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Filing 509
TEXT ONLY ENTRY by Chambers of Judge Dean D. Pregerson. The motion hearings set for 10/24/2022 at 10:00 am are scheduled to be held in person. The parties shall report to the United States Courthouse at 350 West 1st Street, Los Angeles, 9th Floor, Courtroom 9C.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 508
SCHEDULING NOTICE by Judge Dean D. Pregerson re: APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #501 , APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #500 Application set for hearing on 10/24/2022 at 10:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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Filing 507
SCHEDULING NOTICE by Judge Dean D. Pregerson re: APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #500 , APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #501 Motion reset for hearing to 10/24/2022 at 10:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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Filing 506
SCHEDULING NOTICE CONTINUANCE by Judge Dean D. Pregerson. Bench Trial set for 12/13/2022 at 09:00 AM before Judge Dean D. Pregerson. Final Pretrial Conference set for 12/5/2022 at 11:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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Filing 505
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #501 , APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #500 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 504
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #500 , APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #501 , Notice of Motion #502 . The following error(s) was/were found: Fed. R. Civ. P. 5 no proof of service attached. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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)
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Filing 503
SCHEDULING NOTICE by Judge Dean D. Pregerson re: APPLICATION for Hearing Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #486 , MOTION IN LIMINE to Exclude Expert Testimony of Marc Fagel #490 , APPLICATION for Hearing Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #485 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for violations of Section 5 of the Securities Act of 1933 and Section 15 of the Securities Exchange Act of 1934 #483 , APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #487 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Brenda Christine Barry, BAK West, Inc., Eric Christopher Cannon, Century Point LLC, Caleb Austin Moody (dba Sky Stone) #482 The Court hereby CONTINUES the hearing on 9/12/22 at 10:00 a.m. to 10/24/2022 at 10:00 AM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kmh) TEXT ONLY ENTRY
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Filing 502
NOTICE OF MOTION re APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #501 , APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #500 filed by Receiver Thomas C Hebrank. Motion set for hearing on 10/17/2022 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 501
APPLICATION for Hearing Eighteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 10/17/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 500
APPLICATION for Hearing Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 10/17/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 499
STATUS REPORT Receiver's Eighteenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 498
STIPULATION to Continue Trial Date from October 18, 2022 to 30 Days After the Court's Ruling on the Pending Motions for Summary Judgment Re: Order,,,,,, Set/Reset Deadlines/Hearings,,,,,, Set/Reset Motion Hearing and R&R Deadlines,,,,, #480 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Order Granting Joint Stipulation to Continue Trial Date, #2 Declaration of Service)(Zaccaro, Thomas)
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Filing 497
REPLY in Support of MOTION IN LIMINE to Exclude Expert Testimony of Marc Fagel #490 filed by Plaintiff Securities and Exchange Commission. (Searles, Donald)
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Filing 496
OPPOSITION to MOTION IN LIMINE to Exclude Expert Testimony of Marc Fagel #490 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Alyssa K. Tapper ISO Remaining Defendants' Opposition to SEC's Motion to Exclude Expert Testimony of Marc Fagel, #2 Declaration of Service)(Zaccaro, Thomas)
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Filing 495
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #487 , APPLICATION for Hearing Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #486 , APPLICATION for Hearing Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #485 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 494
REPLY in Support of Motion for Summary Judgment as to Plaintiff's Claims for violations of Section 5 of the Securities Act of 1933 and Section 15 of the Securities Exchange Act of 1934 [Doc 483] filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 493
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Brenda Christine Barry, BAK West, Inc., Eric Christopher Cannon, Century Point LLC, Caleb Austin Moody (dba Sky Stone) #482 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration of Kathryn C. Wanner)(Wanner, Kathryn)
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Filing 492
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Alka Sagar for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:15-cv-02563 DDP(ASx). (rn)
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Filing 491
OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Brenda Christine Barry, BAK West, Inc., Eric Christopher Cannon, Century Point LLC, Caleb Austin Moody (dba Sky Stone) #482 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Kyle Jones, #2 Declaration of Brenda Barry, #3 Declaration of Eric Christopher Cannon, #4 Declaration of Caleb Austin Moody, #5 Proof of Service)(Zaccaro, Thomas)
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Filing 490
NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Expert Testimony of Marc Fagel filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Motion to Exclude Expert Testimony of Marc Fagel, #2 Declaration of Donald W. Searles)(Searles, Donald)
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Filing 489
OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for violations of Section 5 of the Securities Act of 1933 and Section 15 of the Securities Exchange Act of 1934 #483 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 488
NOTICE OF MOTION re APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #487 , APPLICATION for Hearing Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #486 , APPLICATION for Hearing Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #485 filed by Receiver Thomas C Hebrank. Motion set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 487
APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 486
APPLICATION for Hearing Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 485
APPLICATION for Hearing Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 484
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for violations of Section 5 of the Securities Act of 1933 and Section 15 of the Securities Exchange Act of 1934 #483 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
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Filing 483
NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Claims for violations of Section 5 of the Securities Act of 1933 and Section 15 of the Securities Exchange Act of 1934 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities in Support of Remaining Defendants Second Motion for Summary Judgment, #2 Declaration of Kyle Jones, #3 Proposed Order, #4 Proof of Service) (Zaccaro, Thomas)
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Filing 482
NOTICE OF MOTION AND MOTION for Summary Judgment as to Defendants Brenda Christine Barry, BAK West, Inc., Eric Christopher Cannon, Century Point LLC, Caleb Austin Moody (dba Sky Stone) filed by plaintiff Securities and Exchange Commission. Motion set for hearing on 9/12/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum, #2 Supplement Proposed Findings of Fact and Conclusions of Law, #3 Declaration of Kathryn C. Wanner, #4 [Proposed] Final Judgement as to Defendants Brenda Christine Barry and BAK West, Inc., #5 [Proposed] Final Judgement as to Defendants Eric Christopher Cannon and Century Point LLC, #6 [Proposed] Final Judgement as to Defendant Caleb Austin Moody (dba Sky Stone)) (Wanner, Kathryn)
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Filing 481
STATUS REPORT Receiver's Seventeenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 480
ORDER RE: SECOND JOINT STIPULATION REGARDING SCHEDULING FOR DISCOVERY AND SUMMARY JUDGMENT BRIEFING, #479 by Judge Dean D. Pregerson: IT IS HEREBY ORDERED that the Stipulation is GRANTED and:1.That discovery in this matter, currently set to close on May 23, 2022 shall remain open an additional six weeks, ending on July 5, 2022;2.That the Parties, should either the Defendants or the Plaintiff, decide to do so, shall file motions for summary judgment, along with supporting materials required by the Local Rules, in accordance with the following briefing schedule:a.Motions for Summary Judgment, currently set for June 13, 2022 shall move to July 25, 2022;b.Oppositions to Motions for Summary Judgment, currently set for June 27, 2022 shall move to August 8, 2022; andc.Replies to Motions for Summary Judgment, currently set for July 5, 2022 shall move to August 16, 2022;3.That the currently set July 25, 2022 hearing date for any motions for summary judgment filed in accordance with this schedule shall be moved to be heard on September 12, 2022;4.That the previously set final pretrial conference date of May 16, 2022 referenced in Dkt. No. 462 shall move to October 10, 2022 at 11:00 a.m.;5.That the Bench Trial previously set for May 24, 2022 shall move to October 18, 2022 at 9:00 a.m. IT IS SO ORDERED. (shb)
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Filing 479
Second STIPULATION for Discovery as to Scheduling for Discovery and Summary Judgment Briefing filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Wanner, Kathryn)
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Filing 478
STIPULATED PROTECTIVE ORDER REGARDING ITM TWENTYFIRST, LLC DOCUMENTS by Judge Dean D. Pregerson: See order for details. (shb)
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Filing 477
NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Maria A. Audero for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:15-cv-02563 DDP(MAAx). (rn)
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Filing 476
STIPULATION for Protective Order filed by Receiver Thomas C Hebrank. (Attachments: #1 Stipulated Protective Order, #2 Exhibit A (Form of Acknowledgment and Agreement), #3 Exhibit B (SEC Form 1662), #4 Proof of Service)(Zaro, David)
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Filing 475
ORDER GRANTING SIXTEENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #464 , by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Sixteenth Application Period are allowed and approved, on an interim basis, in the amounts of $44,581.05 and $5,798.10, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $35,664.84 in fees and $5,798.10 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 474
ORDER GRANTING THIRD INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES TO DUFFY KRUSPODIN, LLP, AS TAX ACCOUNTANTS FOR RECEIVER #465 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Duffy Kruspodin, LLP is granted. IT IS FURTHER ORDERED that Duffy Kruspodin, LLP's fees for the Application Period are allowed and approved, in the amount of $6,785.55. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Duffy Kruspodin, LLP $6,785.55 in fees from assets of the receivership estate. (shb)
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Filing 473
ORDER GRANTING SIXTEENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #463 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Sixteenth Application Period are allowed and approved, on an interim basis, in the amounts of $9,480.15 and $1,208.85. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $7,584.12 in fees and $1,208.85 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 472
MINUTES OF (TELEPHONE) - APPLICATION FOR HEARING SIXTEENTH INTERIM APPLICATION FOR APPROVAL OF PAYMENT OF FEES AND COSTS TO THOMAS C. HERBRANK #463 ; APPLICATION FOR HEARING SIXTEENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, FOR PAYMENT OF FEES AND REIMBURSMENET OF EXPENSES #464 ; APPLICATION FOR HEARING THIRD INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES TO DUFYY KRUSPODIN, LLP #465 ; MOTION RE APPLICATION FOR HEARING THIRTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LEEK GAMBLE MALLORY& NATISIS, LLP FOR PAYMENT OF FEES AND REIMBURSMENT OF EXPENSES #466 held before Judge Dean D. Pregerson: Case called. Counsel state their appearances. As stated on the record the applications are approved [ docket nos. 463, 464, 465 and 466] orders to be issued. Court Reporter: Maria Bustillos. (shb)
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Filing 471
ORDER GRANTING FIFTEENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OFFEES AND REIMBURSEMENT OF EXPENSES, #451 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Fifteenth Application Period are allowed and approved, on an interim basis, in the amounts of $24,090.30 and $1,778.82, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $19,272.24 in fees and $1,778.82 in costs from assets of thereceivership estate, which amount reflects an interim payment of 80% of theallowed fees and 100% of the allowed costs. (shb)
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Filing 470
ORDER GRANTING FIFTEENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #452 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Fifteenth Application Period are allowed and approved, on an interim basis, in the amounts of $58,997.25 and $2,595.47, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $47,197.80 in fees and $2,595.47 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb) Modified on 4/14/2022 (shb).
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Filing 469
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #464 , APPLICATION for Hearing Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #463 , APPLICATION for Hearing Third Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #465 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 468
NOTICE OF FILING TRANSCRIPT filed for proceedings 02/07/2022; 10:15 a.m. re Transcript #467 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY
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Filing 467
TRANSCRIPT for proceedings held on 02/07/2022; 10:15 a.m.. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. 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 MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/11/2022. Redacted Transcript Deadline set for 4/20/2022. Release of Transcript Restriction set for 6/21/2022. (Bustillos, Maria)
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Filing 466
NOTICE OF MOTION re APPLICATION for Hearing Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #464 , APPLICATION for Hearing Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #463 , APPLICATION for Hearing Third Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #465 filed by Receiver Thomas C Hebrank. Motion set for hearing on 4/18/2022 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 465
APPLICATION for Hearing Third Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 4/18/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 464
APPLICATION for Hearing Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 4/18/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 463
APPLICATION for Hearing Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 4/18/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 462
ORDER GRANTING JOINT STIPULATION REGARDING SCHEDULING FOR DISCOVERY AND SUMMARY JUDGMENT BRIEFING #457 by Judge Dean D. Pregerson. 1. The Stipulation is GRANTED; and 2. The current trial setting of May 24, 2022, and all pretrial deadlines related to that trial setting, are HEREBY VACATED. 3. Discovery in this matter shall be re-opened for a period of ninety days beginning on Monday, February 21, 2022 and ending on Monday, May 23, 2022 (which date is the first business day following the ninetieth day after the opening of discovery). 4. The Remaining Defendants and Plaintiff, should either party decide to do so, shall file motions for summary judgment, along with supporting materials required by the Local Rules, in accordance with the following briefing schedule: a. Motions for Summary Judgment: June 13, 2022; b. Oppositions to Motions for Summary Judgment: June 27, 2022; and c. Replies to Motions for Summary Judgment: July 5, 2022. 5. Any motions for summary judgment filed in accordance with this schedule shall be set for hearing on July 25, 2022, or such other date suitable and convenient for the Court. See order for details. (lom)
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Filing 461
TRANSCRIPT ORDER as to Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody for Court Reporter. Court will contact Mel Manahan at melmanahan@paulhastings.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Zaccaro, Thomas)
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Filing 460
TRANSCRIPT ORDER as to Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody for Court Reporter. Court will contact Mel Manahan at melmanahan@paulhastings.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Zaccaro, Thomas)
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Filing 459
TRANSCRIPT ORDER as to Plaintiff Securities and Exchange Commission for Court Reporter. (Wanner, Kathryn)
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Filing 458
MINUTES OF APPLICATION FOR HEARING FIFTEENTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO THOMAS C. HEBRANK [451; APPLICATION FOR HEARING FIFTEENTH INTERIM FEE APPLICATION FOR ALLEN MATKINS LECK GAMBLE MALLORY &NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES FILED BY THOMAS C. HEBRANK #452 held before Judge Dean D. Pregerson: Court and counsel confer as reflected on the record. The matters are taken under submission. Court Reporter: Maria Bustillos. (shb) Modified on 3/7/2022 (shb).
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Filing 457
Joint STIPULATION for Discovery as to Scheduling for Discovery and Summary Judgment Briefing filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Order Granting Joint Stipulation)(Zaccaro, Thomas)
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Filing 456
MINUTES OF TELEPHONE STATUS CONFERENCE held before Judge Dean D. Pregerson: Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (shb)
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Filing 455
STATUS REPORT Receiver's Sixteenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 454
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #452 , APPLICATION for Hearing Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #451 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 453
NOTICE OF MOTION re APPLICATION for Hearing Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #452 , APPLICATION for Hearing Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #451 filed by Receiver Thomas C Hebrank. Motion set for hearing on 2/14/2022 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 452
APPLICATION for Hearing Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 2/14/2022 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 451
APPLICATION for Hearing Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 2/14/2022 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 450
SCHEDULING NOTICE by Judge Dean D. Pregerson: On the Courts own motion, a Telephone Status Conference is set for February 7, 2022 at 10:00 AM. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 449
ORDER GRANTING FOURTH JOINT STIPULATION REGARDING SCHEDULING FOR TRIAL SETTING by Judge Dean D. Pregerso: IT IS HEREBY ORDERED THAT: 1.The Stipulation is GRANTED; and 2.The current trial setting of February 22, 2022, and all pretrial deadlines related to that trial setting, are HEREBY VACATED. 3.New final pretrial conference and trial dates are set as follows: a.The Final Pretrial Conference is set for May 16, 2022 at 11:00am; and b.The Bench Trial is set for May 24, 2022 at 9:00 am. (shb)
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Filing 448
Fourth STIPULATION to Continue Trial Setting from February 22, 2022 to May 24, 2022 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Order Granting Fourth Joint Stipulation re Scheduling for Trial Setting)(Morgan, Nicolas)
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Filing 447
STATUS REPORT Receiver's Fifteenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 446
ORDER GRANTING FOURTEENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES, #437 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Fourteenth Application Period are allowed and approved, on an interim basis, in the amounts of $28,678.95 and $1,620.57, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $22,943.16 in fees and $1,620.57 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 445
ORDER GRANTING FOURTEENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES, #438 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Fourteenth Application Period are allowed and approved, on an interim basis, in the amounts of $37,010.70 and $2,754.35, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $29,608.56 in fees and $2,754.35 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 444
TRANSCRIPT ORDER as to Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody for Court Reporter. Court will contact Mel Manahan at melmanahan@paulhastings.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Zaccaro, Thomas)
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Filing 443
MINUTES OF Held via Telephone Conference - Application for Hearing Fourteenth Interim Application for Approval and Payment Fees and Costs to Thomas C. Hebrank #437 and Application for Hearing Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis #438 held before Judge Dean D. Pregerson: The applications are granted with orders to be issued hereafter. Court Reporter: Maria Bustillos. (shb)
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Filing 442
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #438 , APPLICATION for Hearing Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #437 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 441
ORDER GRANTING MOTION OF RECEIVER, THOMAS HEBRANK, FOR ORDER APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS, #427 by Judge Dean D. Pregerson: IT IS ORDERED that: The Motion is granted in its entirety; and The Settlement agreements collectively attached as Exhibit A to the Receiver's Declaration in support of the Motion are authorized and approved. (shb) Modified on 9/20/2021 (pg).
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Filing 440
MINUTES OF MOTION OF RECIVER, THOMAS HEBRANK, FOR ORDER APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS #427 held before Judge Dean D. Pregerson: Court and counsel confer as reflected on the record. The matter is granted with an order to be issued hereafter. Court Reporter: Chia Mei Jui. (shb)
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Filing 439
NOTICE OF MOTION re APPLICATION for Hearing Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #438 , APPLICATION for Hearing Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #437 filed by Receiver Thomas C Hebrank. Motion set for hearing on 10/18/2021 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 438
APPLICATION for Hearing Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 10/18/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 437
APPLICATION for Hearing Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 10/18/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 436
ORDER GRANTING THIRD JOINT STIPULATION REGARDING TRIAL DATES, #435 by Judge Dean D. Pregerson: IT IS HEREBY ORDERED THAT: 1. The Stipulation is GRANTED; 2. That the current trial setting of September 21, 2021, and all pretrial deadlines related to that trial setting, are HEREBY VACATED; and 3. New final pretrial conference and trial dates are set as follows: a. The Final Pretrial Conference is set for February 14, 2022 at 11:00 am; and b. The Bench Trial is set for February 22, 2022 at 9:00 am. (shb)
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Filing 435
Third STIPULATION to Continue Pretrial and Trial Dates filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Wanner, Kathryn)
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Filing 434
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS #427 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 433
TRANSCRIPT ORDER as to Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody for Court Reporter. Court will contact Mel Manahan at melmanahan@paulhastings.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Morgan, Nicolas)
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Filing 432
ORDER GRANTING TWELFTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #420 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Thirteenth Application Period are allowed and approved, on an interim basis, in the amounts of $95,499.45 and $963.27, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $76,399.56 in fees and $963.27 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 431
ORDER GRANTING THIRTEENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #419 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Thirteenth Application Period are allowed and approved, on an interim basis, in the amounts of $47,787.30 and $1,873.55, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $38,229.80 in fees and $1,873.55 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 430
MINUTES OF APPLICATION FOR HEARING THIRTEENTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT #419 APPLICATION FOR HEARING THIRTEENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #420 held before Judge Dean D. Pregerson: Counsel state their appearance. Also present, Receiver Thomas C. Hebrank. Court and counsel confer as reflected on the record. The motions are granted, orders to be issued hereafter. The parties agree to file a stipulation to continue trial dates on or before August 20, 2021. Court Reporter: Maria Bustillos. (shb)
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Filing 429
PROOF OF SERVICE filed by Receiver Thomas C Hebrank, re NOTICE OF MOTION AND MOTION for Order for APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS #427 served on 8/5/2021. (Aspis, Norman)
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Filing 428
STATUS REPORT Receiver's Fourteenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 427
NOTICE OF MOTION AND MOTION for Order for APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS filed by Receiver Thomas C Hebrank. Motion set for hearing on 9/13/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR ORDER APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS, #2 Declaration DECLARATION OF THOMAS HEBRANK IN SUPPORT OF MOTION FOR ORDER APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS, #3 Proposed Order [PROPOSED] ORDER GRANTING MOTION OF RECEIVER, THOMAS HEBRANK, FOR ORDER APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS) (Attorney Norman M Aspis added to party Thomas C Hebrank(pty:rc)) (Aspis, Norman)
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Filing 426
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Thirteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #419 , APPLICATION for Hearing Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #420 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 425
NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Declaration of Wesley Bemis, Opposition of Wesley Bemis, Proof of Service submitted by Intervenor Wesley K Bemis received on December 22, 2021 is not to be filed but instead rejected. Denial based on: The Court notes that the documents were appended to the Receiver's Reply to Opposition to Motions for Order and were considered by the court in ruling on the Motion for Order (Dkt 380; Exh B; dkt 393),. (shb)
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Filing 424
TEXT ONLY NOTICE OF CLERICAL ERROR: Due to a clerical error, the Notice of Discrepancy and Order By Judge Dean D. Pregerson filed 07/15/2021 #422 , is incomplete and does not state reason for deficiency see section Other. The Discrepancy Order to be corrected and refiled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 423
NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Opposition of David W. Amandus to Receiver's Motion for Order, and Proof of Service. submitted by Interested Party David W Amandus received on December 22, 2021 is not to be filed but instead rejected. Denial based on: Filer not a party to case. The court notes that the documents were appended to the Receivers Reply to Oppositions to Motions for Order and were considered by the Court in ruling on the Motion for Order (Dkt 380 Exh Al dkt 393). (shb)
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Filing 422
NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Declaration of Wesley Bemis, Opposition of Wesley Bemis and Proof of Service submitted by Intervenor Wesley K Bemis received on December 20, 2020 is not to be filed but instead rejected. Denial based on: Other - Please refer to the Courts website at www.cacd.uscourts.gov for Local Rules, General Orders, and applicable forms.. (shb)
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Filing 421
NOTICE OF MOTION re APPLICATION for Hearing Thirteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #419 , APPLICATION for Hearing Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #420 filed by Receiver Thomas C Hebrank. Motion set for hearing on 8/16/2021 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 420
APPLICATION for Hearing Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 8/16/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 419
APPLICATION for Hearing Thirteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 8/16/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 418
STATUS REPORT Receiver's Thirteenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 417
ORDER GRANTING SECOND JOINT STIPULATION REGARDING SCHEDULING FOR TRIAL SETTING, #416 by Judge Dean D. Pregerson: IT IS HEREBY ORDERED THAT: 1.The Stipulation is GRANTED; and 2.The current trial setting of September 7, 2021, and all pretrial deadlines related to that trial setting, are HEREBY VACATED. 3.New final pretrial conference and trial dates are set as follows: a.The Final Pretrial Conference is set for September 13, 2021 at 11:00 am; and b.The Bench Trial is set for September 21, 2021 at 9:00 am. (shb)
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Filing 416
Second STIPULATION to Continue Bench Trial from September 7, 2021 to September 21, 2021 Re: Order,, Terminate Deadlines and Hearings,, Set/Reset Hearing, #409 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Order Granting Second Joint Stipulation re Scheduling for Trial Setting)(Morgan, Nicolas)
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Filing 415
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order, #413 . Dkt. No. 413 filed in error is a duplicate of Dkt. No. 411. (shb)
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Filing 414
ORDER GRANTING SECOND INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES TO DUFFY KRUSPODIN, LLP, AS TAX ACCOUNTANTS FOR RECEIVER #402 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Duffy Kruspodin, LLP is granted. IT IS FURTHER ORDERED that Duffy Kruspodin, LLP's fees for the Application Period are allowed and approved, in the amount of $11,686.95. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Duffy Kruspodin, LLP $11,696.95 in fees from assets of the receivership estate. (shb)
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Filing 413
[5/5/2021 - REFER TO NOTICE OF CLERICAL ERROR G-11, #415 ]ORDER GRANTING TWELFTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #402 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Twelfth Application Period are allowed and approved, on an interim basis, in the amounts of $28,103.85 and $1,575.43, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $22,483.08 in fees and $1,575.43 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb) Modified on 5/5/2021 (shb).
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Filing 412
ORDER GRANTING TWELFTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #401 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Twelfth Application Period are allowed and approved, on an interim basis, in the amounts of $126,957.25 and $610.30, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $100,765.80 in fees and $610.30 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 411
ORDER GRANTING TWELFTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #400 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Twelfth Application Period are allowed and approved, on an interim basis, in the amounts of $28,103.85 and $1,575.43, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $22,483.08 in fees and $1,575.43 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 410
SCHEDULING NOTICE AND ORDER by Judge Dean D. Pregerson: On the Court's own motion, the motions [400, 401 and 402] set for hearing May 3, 2021, are hereby taken off calendar, hearing dates are vacated and will be decided without oral argument. No appearances necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 409
ORDER GRANTING JOINT STIPULATION REGARDING SCHEDULING FOR TRIAL SETTING by Judge Dean D. Pregerson: IT IS HEREBY ORDERED THAT: 1. The Stipulation is GRANTED; and 2. The current trial setting of May 11, 2021, and all pretrial deadlines related to that trial setting, are HEREBY VACATED. 3. The Final Pretrial Conference is set for August 30, 2021 at 11:00 am; 4. The Bench Trial is set for September 7, 2021 at 9:00 am. (shb)
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Filing 408
STIPULATION to Continue Trial Date and all Pretrial Deadlines from May 11, 2021 to Dates Set by Further Order of the Court Re: Motion Hearing,,, Order on Motion for Order,,, Set/Reset Hearing,, #383 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Order Granting Joint Stipulation re Scheduling for Trial Setting)(Morgan, Nicolas)
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Filing 407
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing for Hearing Twelfth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #400 , APPLICATION for Hearing for Hearing Second Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #402 , APPLICATION for Hearing for Hearing Twelfth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #401 filed by Plaintiff Securities and Exchange Commission. (Wanner, Kathryn)
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Filing 406
ORDER GRANTING ELEVENTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK and COMPANY, AS FORMER TRUSTEE OF PWCG TRUST #391 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Mills, Potoczak and Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak and Company's fees and costs for the Application are allowed and approved, on an interim basis, in the amounts of $7735.00 in fees and $32.59 in costs, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills, Potoczak and Company $7735.00 in fees and $32.59 in costs from assets of the receivership estate. (bm)
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Filing 405
ORDER GRANTING ELEVENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY and NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #388 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Eleventh Application Period are allowed and approved, on an interim basis, in the amounts of $95,548.95 and $1,311.46, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $76,439.16 in fees and $1,311.46 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80 percent of the allowed fees and 100 percent of the allowed costs. (bm)
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Filing 404
ORDER GRANTING ELEVENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #387 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Eleventh Application Period are allowed and approved, on an interim basis, in the amounts of $39,346.20 and $1,684.34, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $31,476.96 in fees and $1,684.34 in costs from assets of the receivership estate, which amount reflects an interim payment of 80 percent of the allowed fees and 100 percent of the allowed costs. (bm)
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Filing 403
NOTICE OF MOTION re APPLICATION for Hearing for Hearing Twelfth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #400 , APPLICATION for Hearing for Hearing Second Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver #402 , APPLICATION for Hearing for Hearing Twelfth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #401 filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 402
APPLICATION for Hearing for Hearing Second Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 5/3/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 401
APPLICATION for Hearing for Hearing Twelfth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 5/3/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 400
APPLICATION for Hearing for Hearing Twelfth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 5/3/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 399
STATUS REPORT Receiver's Twelfth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 398
Notice of Appearance or Withdrawal of Counsel: for attorney Kathryn C Wanner counsel for Plaintiff Securities and Exchange Commission. Adding Kathryn C. Wanner as counsel of record for Securities and Exchange Commission for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Attorney Kathryn C Wanner added to party Securities and Exchange Commission(pty:pla))(Wanner, Kathryn)
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Filing 397
Notice of Appearance or Withdrawal of Counsel: for attorney Gary Y. Leung counsel for Plaintiff Securities and Exchange Commission. Gary Y. Leung is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 396
Stipulated Protective Order Regarding PWCG Trust Documents (Attachments: #1 Exhibit A - Form of Acknowledgement + Agreement, #2 Exhibit B - SEC Form 1662, #3 Proof of Service)(Zaro, David)
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Filing 395
SCHEDULING NOTICE AND ORDER by Judge Dean D. Pregerson: On the Court's own motion, the APPLICATIONS FOR APPROVAL AND PAYMENT OF FEES [387, 388 and 391] set for hearing February 22, 2021, are hereby taken off calendar, hearing dates are vacated and will be decided without oral argument. No appearances necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 394
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #387 , Eleventh APPLICATION for Hearing INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS FORMER TRUSTEE OF PWCG TRUST, re Notice (Other) #390 , #391 , APPLICATION for Hearing Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #388 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 393
ORDER 1. APPROVING RECEIVER'S RECOMMENDATIONS REGARDING ALLOWED CLAIMS; 2. APPROVING RECOMMENDATIONS REGARDING DISPUTED AND DISALLOWED CLAIMS; 3. APPROVING DISTRIBUTION PLAN; AND 4. AUTHORIZING INTERIM DISTRIBUTION, #375 by Judge Dean D. Pregerson: Having considered the Receiver's Motion and having found that good and proper notice has been provided, and good cause appearing therefor, The Receiver's Motion is GRANTED, in its entirety; The objection of Mr. Amandus is overruled and he shall have an Allowed Claim of $320.48; The opposition of Mr. Bemis to the Motion is overruled and he shall have an Allowed Claim of $1,198.532.49. However, the Receiver has agreed and the Court orders that, if there is a recovery of money by the Receiver arising out of the Receivers pending lawsuit against Mills Potoczak & Company [See Doc. No. 357], then the Receiver shall calculate Mr. Bemis pro rata interest in the net funds recovered by the receivership estate as a result of the lawsuit based upon a claim of$1,457,532.49. See order for further details. (shb)
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Filing 392
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #390 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Motions and Related Filings Responses/Replies/Other Motion Related Documents - Select - Notice of Motion. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
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Filing 391
Eleventh APPLICATION for Hearing INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS FORMER TRUSTEE OF PWCG TRUST, re Notice (Other) #390 , filed by Defendant PWCG Trust. Application set for hearing on 2/22/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Kelly, Dennis)
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Filing 390
NOTICE OF HEARING ON INTERIM FEE APPLICATIONS OF MILLS POTOCZAK & COMPANY, FORMER TRUSTEE OF DEFENDANT PWCG TRUST FOR PAYMENT OF FEES AND REIMBRUSEMENT OF EXPENSES filed by Defendant PWCG Trust. (Kelly, Dennis)
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Filing 389
NOTICE OF MOTION re APPLICATION for Hearing Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #387 , APPLICATION for Hearing Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #388 filed by Receiver Thomas C Hebrank. Motion set for hearing on 2/22/2021 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 388
APPLICATION for Hearing Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by receiver Thomas C Hebrank. Application set for hearing on 2/22/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 387
APPLICATION for Hearing Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by receiver Thomas C Hebrank. Application set for hearing on 2/22/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 386
STATUS REPORT Receiver's Eleventh Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 385
TRANSCRIPT ORDER as to Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody for Court Reporter. Court will contact Mel Manahan at melmanahan@paulhastings.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Zaccaro, Thomas)
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Filing 384
ORDER GRANTING MOTION OF RECEIVER, THOMAS HEBRANK, FOR ORDER APPROVING AND AUTHORIZING SETTLEMENT OF CERTAIN CLAWBACK CLAIMS, #376 by Judge Dean D. Pregerson: The Court, having read and considered the Motion of Receiver, Thomas Hebrank, for Order Approving and Authorizing Settlement of Certain Clawback Claims (the "Motion"), filed by Thomas Hebrank ("Receiver"), the Court-appointed receiver for PWCG Trust, and good cause appearing therefor, hereby orders as follows: The Motion is granted in its entirety; and The settlement agreements collectively attached as Exhibit A to the Receiver's Declaration in support of the Motion are authorized and approved. (shb)
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Filing 382
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommendations Regarding Allowed Claims; (2) Approving Recommendations Regarding Disputed and Disallowed Claims; (3) Approving Distribution Plan; and (4) Authorizing Interim Dist #375 (Attachments: #1 Proposed Order, #2 Proof of Service)(Zaro, David)
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Filing 383
MINUTES OF TELEPHONE MOTION FOR ORDER APPROVING RECEIVER'S RECOMMENDATION, #375 held before Judge Dean D. Pregerson: Court and counsel confer as reflected on the record. The matter is taken under submission. The court and counsel discuss continuing trial dates due to the COVID pandemic, the court orders trial dates continued as follows: The Final Pretrial Conference is continued from March 1, 2021 to May 3, 2021 at 11:00 a.m. The Court Trial is continued from March 9, 20121 to May 11, 2021 at 9:00 a.m Court Reporter: Maria Bustillos. (shb) Modified on 1/14/2021 (shb).
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Filing 381
SCHEDULING NOTICE by Judge Dean D. Pregerson: On the Courts own motion, the Motion for Order for Approving and Authorizing Settlement of Certain Clawback Claims #376 set for hearing January 11, 2021, is hereby taken off calendar, hearing date is vacated and will be decided without oral argument. No appearances necessary. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 380
REPLY to Oppositions to NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommendations Regarding Allowed Claims; (2) Approving Recommendations Regarding Disputed and Disallowed Claims; (3) Approving Distribution Plan; and (4) Authorizing Interim Dist #375 filed by Receiver Thomas C Hebrank. (Attachments: #1 Proof of Service)(Fates, Edward)
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Filing 379
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommendations Regarding Allowed Claims; (2) Approving Recommendations Regarding Disputed and Disallowed Claims; (3) Approving Distribution Plan; and (4) Authorizing Interim Dist #375 , NOTICE OF MOTION AND MOTION for Order for Approving and Authorizing Settlement of Certain Clawback Claims #376 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 378
NOTICE OF ERRATA filed by Receiver Thomas C Hebrank. correcting NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommendations Regarding Allowed Claims; (2) Approving Recommendations Regarding Disputed and Disallowed Claims; (3) Approving Distribution Plan; and (4) Authorizing Interim Dist #375 (Attachments: #1 Proof of Service)(Fates, Edward)
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Filing 377
PROOF OF SERVICE filed by Receiver Thomas C Hebrank, re NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommendations Regarding Allowed Claims; (2) Approving Recommendations Regarding Disputed and Disallowed Claims; (3) Approving Distribution Plan; and (4) Authorizing Interim Dist #375 served on December 11, 2020. (Fates, Edward)
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Filing 376
NOTICE OF MOTION AND MOTION for Order for Approving and Authorizing Settlement of Certain Clawback Claims filed by receiver Thomas C Hebrank. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proposed Order) (Fates, Edward)
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Filing 375
NOTICE OF MOTION AND MOTION for Order for (1) Approving Receiver's Recommendations Regarding Allowed Claims; (2) Approving Recommendations Regarding Disputed and Disallowed Claims; (3) Approving Distribution Plan; and (4) Authorizing Interim Distributions filed by receiver Thomas C Hebrank. Motion set for hearing on 1/11/2021 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proposed Order) (Fates, Edward)
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Filing 374
ORDER GRANTING TENTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS FORMER TRUSTEE OF PWCG TRUST, #369 by Judge Dean D. Pregerson: The Court having received and read the Application, as well as the SECs Statement of Non-Opposition thereto filed herein, and being so advised in the matter and finding good cause, orders as follows: IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak & Companys fees and costs for the Application are allowed and approved, on an interim basis, in the amounts of $6742.50 in fees and $26.10, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills, Potoczak and Company $6742.50 in fees and $26.10 in costs from assets of the receivership estate. (shb)
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Filing 373
ORDER GRANTING TENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #367 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Tenth Application Period are allowed and approved, on an interim basis, in the amounts of $108,976.95 and $666.85, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $87,181.56 in fees and $666.85 in costs from assets of thereceivership estate, which amounts reflect an interim payment of 80% of theallowed fees and 100% of the allowed costs. See order for further details. (shb)
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Filing 372
ORDER GRANTING TENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES. #366 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Tenth Application Period are allowed and approved, on an interim basis, in the amounts of $50,048.10 and $1,880.84, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $40,038.48 in fees and $1,880.84 in costs from assets of thereceivership estate, which amount reflects an interim payment of 80% of theallowed fees and 100% of the allowed costs. (shb)
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Filing 371
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the matters [366, 367 and 369] set for hearing November 23, 2020, are hereby taken off calendar, hearing dates are vacated and will be decided without oral argument. No appearances necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 370
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #366 , APPLICATION for Hearing TENTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS #369 , APPLICATION for Hearing Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #367 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 369
APPLICATION for Hearing TENTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS filed by Defendant PWCG Trust PWCG Trust. Application set for hearing on 11/23/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 MPC tenth application, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order re MPC) (Kelly, Dennis)
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Filing 368
NOTICE OF MOTION re APPLICATION for Hearing Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #366 , APPLICATION for Hearing Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #367 filed by Receiver Thomas C Hebrank. Motion set for hearing on 11/23/2020 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 367
APPLICATION for Hearing Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 11/23/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 366
APPLICATION for Hearing Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 11/23/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 365
STATUS REPORT Receiver's Tenth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 364
ORDER GRANTING UNOPPOSED MOTION TO CONTINUE TRIAL DATE #362 , by Judge Dean D. Pregerson: IT IS HEREBY ORDERED THAT: 1.Moving Defendants Unopposed Motion to Continue Trial Date is GRANTED; and 2.The final pretrial conference date of November 2, 2020 is hereby VACATED. The final pretrial conference is continued to March 1,2021 at 11:00 AM. 3.The current trial date of November 10, 2020 is hereby VACATED. The trial is continued to March 9, 2021 at 9:00 AM. (shb)
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Filing 363
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Continue Trial Date from November 10, 2020 to March 2021 Re: Text Only Scheduling Notice, 350 #362 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 362
NOTICE OF MOTION AND MOTION to Continue Trial Date from November 10, 2020 to March 2021 Re: Text Only Scheduling Notice, 350 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 9/21/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum in support of Unopposed Motion to Continue Trial Date, #2 Proposed Order Granting Unopposed Motion to Continue Trial Date) (Morgan, Nicolas)
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Filing 361
ORDER GRANTING NINTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST #354 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak& Companys fees and costs for the Application are allowed and approved, on an interim basis, in the amounts of $10,870.00 in fees and $333.40, respectively.IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills,Potoczak and Company $10,870.00 in fees and $333.40 in costs from assets of the receivership estate. (shb)
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Filing 360
ORDER GRANTING NINTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND EIMBURSEMENT OF EXPENSES #352 , by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Ninth Application Period are allowed and approved, on an interim basis, in the amounts of $67,122.45 and $955.75, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $53,697.96 in fees and $955.75 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 359
ORDER GRANTING NINTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES, #351 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Ninth Application Period are allowed and approved, on an interim basis, in the amounts of $23,616.45 and $2,105.89, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $18,893.16 in fees and $2,105.89 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 358
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the matters [351, 352 and 354] set for hearing August 17, 2020, are hereby taken off calendar, hearing dates are vacated and will be decided without oral argument. No appearances necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 357
ORDER GRANTING MOTION FOR AUTHORITY TO PURSUE CLAIMS AGAINST MILLS, POTOCZAK & COMPANY, PC, #335 by Judge Dean D. Pregerson: 1. The Receiver's Motion is granted; 2. The Receiver is authorized to initiate, pursue, and prosecute claims against Mills, Potoczak & Company, PC and seek recovery on those claims as set forth in the Receiver's Motion and the draft complaint submitted as an exhibit to the Declaration of Thomas C. Hebrank filed in connection therewith ("Hebrank Declaration); and 3. The Receiver is further authorized to file a complaint in this Court substantially in the form as the draft complaint submitted with the Hebrank Declaration, along with a Notice of Related Case, and the new case shall be deemed related to this action. IT IS SO ORDERED. (shb)
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Filing 356
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, The Motion for Authority to Pursue Claims Against Mills, Potoczak & Company, PC [335 ] set for hearing August 3, 2020, is hereby taken off calendar, hearing date is vacated and will be decided without oral argument. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 355
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing NINTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS #354 , APPLICATION for Hearing Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #352 , APPLICATION for Hearing Ninth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #351 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 354
APPLICATION for Hearing NINTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS filed by Defendants PWCG Trust. Application set for hearing on 8/17/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 MPC Ninth Fee Application, #2 PO re MPC 9th Fee App, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (Kelly, Dennis)
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Filing 353
NOTICE OF MOTION re APPLICATION for Hearing Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #352 , APPLICATION for Hearing Ninth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #351 filed by Receiver Thomas C Hebrank. Motion set for hearing on 8/17/2020 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 352
APPLICATION for Hearing Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 8/17/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 351
APPLICATION for Hearing Ninth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 8/17/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 350
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. Pursuant the Central District of California's Continuity of Operations Plan (COOP), and the Court's phased reopening, the Final Pretrial Conference is continued from August 31, 2020 to November 2, 2020 at 11:00 AM. The Bench Trial is continued from September 15, 2020 to November 10, 2020 at 9:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 349
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. Pursuant the Central District of Californias Continuity of Operations Plan (COOP), and the Courts phased reopening, the Court continues the Motion for Order for Authority to Pursue Claims Against Mills, Potoczak & Company #335 set for hearing June 29, 2020, is hereby continued to August 3, 2020 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 348
Mail Returned addressed to Kelly Curtis Bowers re Text Only Scheduling Notice, 345 (shb)
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Filing 347
ORDER GRANTING FIRST INTERIM FEE APPLICATION OF DUFFY KRUSPODIN & COMPANY, LLP, CERTIFIED PUBLIC ACCOUNTANT TO THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #330 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Duffy Kruspodin is granted. IT IS FURTHER ORDERED that Duffy Kruspodin's fees for the Application Period are allowed and approved, on an interim basis, in the amount of $34,824.15. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Duffy Kruspodin $34,824.15 in fees from assets of the receivership estate. (shb)
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Filing 346
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order Granting Eigth Interim Fee Application for Approval, #340 . The incorrect order issued. (shb)
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Filing 345
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the Motion for Authority to Pursue Claims Against Mills, Potoczak and Company #335 set for hearing June 8, 2020, is hereby continued to June 29, 2020 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 344
STATUS REPORT Receiver's Ninth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 343
Notice of Electronic Filing re Non-Opposition to Motion, #342 e-mailed to Joel Athey at Joel.Athey@us.dlapiper.com bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
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Filing 342
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Authority to Pursue Claims Against Mills, Potoczak & Company, PC #335 Notice of Non-Receipt of Opposition to Motion for Authority to Pursue Claims Against Mills, Potoczak & Company, PC filed by Receiver Thomas C Hebrank. (Hsu, Tim)
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Filing 341
ORDER GRANTING EIGHTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST by Judge Dean D. Pregerson, #332 IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak & Companys fees and costs for the Application are allowed and approved, on an interim basis, in the amounts of $ 15,370.00 in fees and $ 245.46, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills, Potoczak and Company $ 15,370.00 in fees and $ 245.46 in costs from assets of the receivership estate. (yl)
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Filing 340
ORDER GRANTING EIGHTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST by Judge Dean D. Pregerson #330 IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak & Companys fees and costs for theApplication are allowed and approved, on an interim basis, in the amounts of $ 15,370.00 in fees and $ 245.46, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills, Potoczak and Company $ 15,370.00 in fees and $ 245.46 in costs from assets of the receivership estate. (yl)
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Filing 339
ORDER GRANTING EIGHTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #329 by Judge Dean D. Pregerson. IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Eighth Application Period are allowed and approved, on an interim basis, in the amounts of $39,951.90 and $893.45, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $31,961.52 in fees and $893.45 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (yl)
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Filing 338
ORDER GRANTING EIGHTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES by Judge Dean D. Pregerson #328 IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Eighth Application Period are allowed and approved, on an interim basis, in the amounts of $47,160.90 and $1,705.75, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $37,728.72 in fees and $1,705.75 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (yl)
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Filing 337
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Authority to Pursue Claims Against Mills, Potoczak & Company, PC #335 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 336
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the matters [328, 329, 330, and 332] set for hearing May 18, 2020, are hereby taken off calendar, hearing dates are vacated and will be decided without oral argument. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 335
NOTICE OF MOTION AND MOTION for Order for Authority to Pursue Claims Against Mills, Potoczak & Company, PC filed by Receiver Thomas C Hebrank. Motion set for hearing on 6/8/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Thomas Hebrank (with Exhibit A), #2 Proposed Order) (Zaro, David)
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Filing 334
Notice of Appearance or Withdrawal of Counsel: for attorney Thomas A Zaccaro counsel for Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Serli Polatoglu is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Brenda Barry, BAK West, Inc., Eric Christopher Cannon, Century Point LLC and Caleb Austin Moody. (Zaccaro, Thomas)
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Filing 333
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Eighth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #328 , APPLICATION for Hearing Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #329 , APPLICATION for Hearing Hearing on Eighth Interim Fee Application of Mills Potoczak & Co., Trustee of Defendant PWCG Trust for Payment of Fees and Reimbursement of Expenses #332 , APPLICATION for Hearing First Interim Application for Approval and Payment of Fees to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver #330 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 332
APPLICATION for Hearing Hearing on Eighth Interim Fee Application of Mills Potoczak & Co., Trustee of Defendant PWCG Trust for Payment of Fees and Reimbursement of Expenses filed by Mills Potoczak & Company, Trustee of Defendant PWCG Trust PWCG Trust. Application set for hearing on 5/18/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Eighth Interim Application for Approval and Payment of Fees & Costs, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (Kelly, Dennis)
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Filing 331
NOTICE OF MOTION re APPLICATION for Hearing Eighth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #328 , APPLICATION for Hearing Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #329 , APPLICATION for Hearing First Interim Application for Approval and Payment of Fees to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver #330 filed by Receiver Thomas C Hebrank. Motion set for hearing on 5/18/2020 at 10:00 AM before Judge Dean D. Pregerson. (Fates, Edward)
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Filing 330
APPLICATION for Hearing First Interim Application for Approval and Payment of Fees to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 5/18/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 329
APPLICATION for Hearing Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 5/18/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 328
APPLICATION for Hearing Eighth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 5/18/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 327
ORDER RE: JOINT STIPULATION TO CONTINUE TRIAL DATE, #325 by Judge Dean D. Pregerson: IT IS ORDERED that the Stipulation is GRANTED and: The trial date is continued from May 19, 2020 to September 15, 2020 at9:00 a.m.; The final pretrial conference is continued from May 11, 2020 at 10:00 a.m. to August 31, 2020 at 10:00 a.m.; and All other pending pretrial deadlines are vacated and rescheduled based on the August 31, 2020 final pretrial conference date. (shb)
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Filing 326
Notice of Appearance or Withdrawal of Counsel: for attorney Donald W Searles counsel for Plaintiff Securities and Exchange Commission. Adding Donald W. Searles as counsel of record for Securities and Exchange Commission for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Attorney Donald W Searles added to party Securities and Exchange Commission(pty:pla))(Searles, Donald)
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Filing 325
STIPULATION to Continue Trial Date from May 19, 2020 to September 15, 2020 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Leung, Gary)
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Filing 324
Mail Returned addressed to Kelly Curtis Bowers re Settlement Conference, #318 (shb)
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Filing 323
STATUS REPORT Receiver's Eighth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 322
ORDER GRANTING SEVENTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST [Dkt. No. 310] by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak & Companys fees and costs for the Application are allowed and approved, on an interim basis, in the amounts of $17,840.00 and $442.97, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills, Potoczak and Company $17,840.00 in fees and $442.97 in costs from assets of the receivership estate. (shb)
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Filing 321
ORDER GRANTING SEVENTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES [Dkt. No. 308] by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Seventh Application Period are allowed and approved, on an interim basis, in the amounts of $69,924.15 and $1,045.20, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $55,939.32 in fees and $1,045.20 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 320
ORDER GRANTING SEVENTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES [Dkt. No. 307] by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Seventh Application Period are allowed and approved, on an interim basis, in the amounts of $11,126.25 and $1,459.66, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $8,901.00 in fees and $1,459.66 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 319
MINUTES OF APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO THOMAS C. HEBRANK AS RECEIVER #307 ; APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY &NATSIS LLP, GENERAL COUNSEL TO THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #308 ; APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY AS TRUSTEE OF PWCG TRUST #310 held before Judge Dean D. Pregerson: Case called; appearances made. Court and counsel confer as reflected on the record. The applications are APPROVED with orders to issue. Court Reporter: Maria Bustillos. (shb)
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Filing 318
MINUTES OF IN CHAMBERS Settlement Conference held before Judge Dean D. Pregerson: Defendants Brenda Christine Barry, Eric Cannon and Caleb Austin Moody, are present. Court, counsel and all parties participate in a settlement conference. No settlement is reached. Court Reporter: Not Reported. (shb)
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Filing 317
SCHEDULING NOTICE BY TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. The Court sets a Settlement Conference for March 4, 2020 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 316
Notice of Appearance or Withdrawal of Counsel: for attorney John B Bulgozdy counsel for Plaintiff Securities and Exchange Commission. John B. Bulgozdy is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 315
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #307 , Seventh APPLICATION for Costs against Securities and Exchange Commission #310 , APPLICATION for Hearing Seventh Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #308 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 314
ORDER APPROVING STIPULATION REGARDING REMOVAL OF MILLS POTOCZAK & COMPANY AS TRUSTEE OF PWCG TRUST AND APPOINTMENT OF RECEIVER AS SUBSTITUTE TRUSTEE, #313 by Judge Dean D. Pregerson: re Stipulation for Order #313 It is hereby ORDERED that: 1.The Receiver is authorized to amend the Trust Agreement for PWCG Trust to remove MPC as Trustee and substitute in the Receiver as Trustee. 2.The Litigation Stay under Section VI of the Judgment as to Defendant PWCG Trust (Dkt. 145) remains in effect as to MPC, even after its removal as Trustee, but only through April 14, 2020, at which time the Litigation Stay under the Judgment shall no longer apply to MPC in any manner. Notwithstanding the previous sentence, if the scheduled April 14, 2020 Mediation (as defined in the Stipulation) is rescheduled to a subsequent date at the request of the Receiver or any participant in the Mediation (other than MPC), the Parties agree to meet and confer in good faith regarding a possible continuation of the Litigation Stay through the rescheduled Mediation date. 3.MPC may seek Court approval of its reasonable fees and costs via noticed fee applications, as it has throughout the receivership, for its services until such time as the transition of all Trustee duties to the Receiver has been completed. (shb)
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Filing 313
STIPULATION for Order Regarding Removal of Mills Potoczak & Company as Trustee of PWCG Trust and Appointment of Receiver as Substitute Trustee filed by Receiver Thomas C Hebrank. (Attachments: #1 Proposed Order)(Fates, Edward)
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Filing 312
ORDER FOR APPROVAL OF PROCEDURES FOR THE ADMINISTRATION OF CLAIMS AGAINST THE RECEIVERSHIP ESTATE by Judge Dean D. Pregerson: The Court, having considered the Motion for Approval of Procedures for the Administration of Claims Against the Receivership Estate ("Motion") of Thomas C. Hebrank ("Receiver"), Court-appointed receiver for PWCG Trust, and good cause appearing therefor, hereby orders as follows: The Motion is granted. (shb)
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Filing 311
MINUTES OF Motion for Order for Approval of Procedures for the Administration of Claims Against the Receivership Estate #290 Hearing held before Judge Dean D. Pregerson: Case called; appearances made. Court and counsel confer as reflected on the record. The motion is GRANTED with an order to follow. Court Reporter: Maria Bustillos. (shb)
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Filing 310
Seventh APPLICATION for Costs against Securities and Exchange Commission filed by Defendant PWCG Trust. Application set for hearing on 3/9/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Notice of Hearing, #2 Proposed Order) (Kelly, Dennis)
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Filing 309
NOTICE OF MOTION re APPLICATION for Hearing Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #307 , APPLICATION for Hearing Seventh Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #308 filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 308
APPLICATION for Hearing Seventh Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 3/9/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 307
APPLICATION for Hearing Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 3/9/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 306
ORDER GRANTING SIXTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST #281 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. IT IS FURTHER ORDERED that Mills, Potoczak & Companys fees and costs for the Application are allowed and approved, on an interim basis, in the amounts of $23,327.50 and $336.38, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Mills, Potoczak and Company $23,327.50 in fees and $336.38 in costs from assets of the receivership estate. (shb)
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Filing 304
STIPULATION for Order Re: Trial By The Court filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Leung, Gary)
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Filing 305
MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Frederick F. Mumm. The Court convened a settlement conference in this matter. The parties did not reach a settlement. The parties stipulate to waive jury and proceed with a bench trial. Court Recorder: CS 01/23/20. (hr)
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Filing 303
ORDER GRANTING STIPULATION RE CONTINUATION OF TRIAL DATE, #299 by Judge Dean D. Pregerson: IT IS ORDERED that is GRANTED and: 1. The trial date will be continued from February 4, 2020 to May 19, 2020; 2. The final pretrial conference will be continued from January 27, 2020 at 10:00 a.m. to May 11, 2020 at 10:00 a.m; and 3. All other pending pretrial deadlines shall be vacated and rescheduled based on the new final pretrial conference date. (shb)
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Filing 302
ORDER REGARDING UNOPPOSED REQUEST TO PARTICIPATE IN SETTLEMENT CONFERENCE BY TELEPHONE #301 by Magistrate Judge Frederick F. Mumm. IT IS HEREBY ORDERED on this 16th day of January, 2020 that the request for Ms. Barry to appear at the Settlement Conference by Telephone is granted. (hr)
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Filing 301
REQUEST for Leave of Brenda Christine Barry to Appear for Settlement Conference by Telephone filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Request set for hearing on 1/23/2020 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Attachments: #1 Proposed Order Granting Unopposed Request to Participate in Settlement Conference by Telephone) (Zaccaro, Thomas)
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Filing 300
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Approval of Procedures for the Administration of Claims Against the Receivership Estate #290 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 299
STIPULATION to Continue Trial Date from February 4, 2020 to May 19, 2020 Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, #274 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Proposed Order Granting Stipulation re Continuation of Trial Date)(Zaccaro, Thomas)
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Filing 298
ORDER GRANTING SIXTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #279 by Judge Dean D. Pregerson: IT IS ORDERED that the Application of Allen Matkins is granted. IT IS FURTHER ORDERED that Allen Matkins' fees and costs for the Sixth Application Period are allowed and approved, on an interim basis, in the amounts of $60,691.50 and $602.00, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay Allen Matkins $48,769.20 in fees and $602.00 in costs from assets of the receivership estate, which amounts reflect an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 297
ORDER GRANTING SIXTH INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #278 by Judge Dean D. Pregerson: IT IS ORDERED that the Receiver's Application is granted. IT IS FURTHER ORDERED that the Receiver's fees and costs for the Sixth Application Period are allowed and approved, on an interim basis, in the amounts of $20,490.75 and $1,972.80, respectively. IT IS FURTHER ORDERED that the Receiver is authorized and directed to pay himself $16,392.60 in fees and $1,972.80 in costs from assets of the receivership estate, which amount reflects an interim payment of 80% of the allowed fees and 100% of the allowed costs. (shb)
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Filing 296
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance,, #291 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (ak)
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Filing 295
NOTICE OF CLERICAL ERROR by Judge Dean D. Pregerson: The Order granting Approval of Procedures for the Administration of Claims Against the Receivership Estate #294 was issued in error. The Motion for Approval of Procedures for the Administration of Claims Against the Receivership Estate #290 remains set for hearing 2/10/2020 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 294
ORDER FOR APPROVAL OF PROCEDURES FOR THE ADMINISTRATION OF CLAIMS AGAINST THE RECEIVERSHIP ESTATE by Judge Dean D. Pregerson: The Court, having considered the Motion for Approval of Procedures for the Administration of Claims Against the Receivership Estate ("Motion"), #290 of Thomas C. Hebrank ("Receiver"), Court-appointed receiver for PWCG Trust, and good cause appearing therefor, hereby orders as follows: Motion is granted. IT IS SO ORDERED. (shb)
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Filing 293
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Frederick F. Mumm. A Settlement Conference will be held on January 23, 2020, at 10:00 a.m. No later than January 21, 2020, each party shall submit a Confidential Settlement Conference Statement directly to the chambers of Magistrate Judge Mumm. (see document for further details) (hr)
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Filing 292
MINUTES OF APPLICATION for Hearing Sixth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver, #278 ; APPLICATION for Hearing Sixth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses, #279 , and Sixth APPLICATION for Attorney Fees Approval and Payment of Fees and Costs To Mills, Potoczak & Company, as Trustee of PWCG Trust filed by Defendant PWCG Trust Hearing held before Judge Dean D. Pregerson: Case called; appearances made. The matters are GRANTED with orders to follow. Court Reporter: Maria Bustillos. (shb)
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Filing 291
NOTICE of Appearance filed by attorney Serli Polatoglu on behalf of Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody (Attorney Serli Polatoglu added to party BAK West, Inc.(pty:dft), Attorney Serli Polatoglu added to party Brenda Christine Barry(pty:dft), Attorney Serli Polatoglu added to party Eric Christopher Cannon(pty:dft), Attorney Serli Polatoglu added to party Century Point, LLC(pty:dft), Attorney Serli Polatoglu added to party Caleb Austin Moody(pty:dft))(Polatoglu, Serli)
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Filing 290
NOTICE OF MOTION AND MOTION for Order for Approval of Procedures for the Administration of Claims Against the Receivership Estate filed by Receiver Thomas C Hebrank. Motion set for hearing on 2/10/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Thomas C. Hebrank (with Exhibit A), #2 Proposed Order) (Zaro, David)
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Filing 289
STATUS REPORT Receiver's Seventh Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 288
AMENDED SCHEDULING NOTICE by Judge Dean D. Pregerson: Defendant PWCG Trust Sixth Application for Attorney Fees Approval and Payment of Fees and Costs set for hearing January 13, 2020 [281, 285], was incorrectly scheduled at 9:00 a.m., the matter will be heard at 10:00 a.m. Judge Pregersons law and motion schedule is held on Mondays at 10:00 a.m. Documents may be stricken when failure to comply with judges procedures and schedule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 287
NOTICE OF NON-OPPOSITION to Sixth APPLICATION for Attorney Fees Approval and Payment of Fees and Costs To Mills, Potoczak & Company, as Trustee of PWCG Trust #281 , APPLICATION for Hearing Sixth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #278 , APPLICATION for Hearing Sixth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #279 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 286
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #285 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - select - Other Filings - select - Miscellaneous Filings (Other) - select - Errata. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
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Filing 285
NOTICE filed by Defendant PWCG Trust. Notice of Errata To Notice of Hearing and Sixth Interim Fee Application (Kelly, Dennis)
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Filing 284
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Dean D. Pregerson: The following errors identified, Defendants Sixth Interim Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company, as Trustee of PWCG filed 11/22/19 #281 : Hearing information does not comply with Judge Pregersons law and motion schedule; civil motions are heard Mondays at 10:00 a.m., and hearing of the application should be held before Judge Pregerson. The document must be corrected by close of business 11/27/19. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 283
NOTICE OF ERRATA filed by Receiver Thomas C Hebrank. correcting Notice of Motion,, #280 , APPLICATION for Hearing Sixth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #278 , APPLICATION for Hearing Sixth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #279 (Fates, Edward)
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Filing 282
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sixth APPLICATION for Attorney Fees Approval and Payment of Fees and Costs To Mills, Potoczak & Company, as Trustee of PWCG Trust #281 , Notice of Motion,, #280 , APPLICATION for Hearing Sixth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #278 , APPLICATION for Hearing Sixth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #279 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): The hearing of these motions should be held before District Judge Pregerson. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
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Filing 281
Sixth APPLICATION for Attorney Fees Approval and Payment of Fees and Costs To Mills, Potoczak & Company, as Trustee of PWCG Trust filed by Defendant PWCG Trust. Application set for hearing on 1/9/2020 at 10:00 AM before Judge Fernando M. Olguin. (Kelly, Dennis)
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Filing 280
NOTICE OF MOTION re APPLICATION for Hearing Sixth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #278 , APPLICATION for Hearing Sixth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #279 filed by Receiver Thomas C Hebrank. Motion set for hearing on 1/9/2020 at 10:00 AM before Judge Fernando M. Olguin. (Fates, Edward)
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Filing 279
APPLICATION for Hearing Sixth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 1/9/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 278
APPLICATION for Hearing Sixth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 1/9/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 277
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are encouraged to review the Central Districts website for additional information. The address ishttp://www.cacd.uscourts.gov. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. The Court hears motions only on Mondays at 10:00 a.m. See order for details. (shb)
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Filing 276
MINUTE IN CHAMBERS ORDER by Judge Dean D. Pregerson: This case has been transferred to the calendar of the Hon. Dean D. Pregerson, see OrderTransferring Civil Action filed 11/14/2019 #275 . The Jury trial is set for February 4, 2020 at 9:00 a.m. The Final Pretrial Conference is set for January 27, 2020 at 11:00 a.m., before Judge Dean D. Pregerson. (shb)
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Filing 275
ORDER TRANSFERRING CIVIL ACTION pursuant General Order 19-03. ORDER case transferred from Judge Fernando M. Olguin to the calendar of Judge Dean D. Pregerson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:15-cv-02563 DDP(FFMx). Signed by Judge Fernando M. Olguin and Judge Dean D. Pregerson. (rn)
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Filing 274
MINUTES (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The trial is re-scheduled to begin on February 4, 2020, at 9:00 a.m. The final pretrial conference and hearing on motions in limine is scheduled for January 27, 2020, at 10:00 a.m. (iv)
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Filing 273
Proposed Voir Dire Questions filed by Plaintiffs BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody.. (Zaccaro, Thomas)
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Filing 272
PROPOSED JURY VERDICT filed by Plaintiffs BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Zaccaro, Thomas)
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Filing 271
PROPOSED JURY INSTRUCTIONS (Joint Undisputed set) filed by Plaintiffs BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody.. (Zaccaro, Thomas)
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Filing 270
PROPOSED JURY INSTRUCTIONS (Joint Disputed set) filed by Plaintiffs BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody.. (Zaccaro, Thomas)
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Filing 269
Amended PRETRIAL STIPULATION regarding Exhibits Second. (Bulgozdy, John)
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Filing 268
NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Securities and Exchange Commission. (Attachments: #1 Final Pretrial Conference Order)(Bulgozdy, John)
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Filing 267
Notice of Appearance or Withdrawal of Counsel: for attorney Daniel Prince counsel for Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Daniel Prince is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Brenda Barry, Bak West, Inc., Eric Cannon, Century Point, LLC & Caleb Moody. (Prince, Daniel)
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Filing 266
NOTICE of Appearance filed by attorney Nicolas Morgan on behalf of Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody (Attorney Nicolas Morgan added to party BAK West, Inc.(pty:dft), Attorney Nicolas Morgan added to party Brenda Christine Barry(pty:dft), Attorney Nicolas Morgan added to party Eric Christopher Cannon(pty:dft), Attorney Nicolas Morgan added to party Century Point, LLC(pty:dft), Attorney Nicolas Morgan added to party Caleb Austin Moody(pty:dft))(Morgan, Nicolas)
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Filing 265
MINUTES (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The trial is scheduled to begin on Tuesday, December 3, 2019, at 9:00 a.m. The final pretrial conference and hearing on motions in limine is scheduled for November 15, 2019, at 10:00 a.m. (iv)
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Filing 264
STATUS REPORT Receiver's Sixth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 263
ORDER GRANTING FIFTH INTERIM APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST #259 by Judge Fernando M. Olguin. IT IS ORDERED that the Application of Mills, Potoczak & Company is granted. *See Order for Details.* (iv)
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Filing 262
ORDER GRANTING FIFTH INTERIM APPLICATION #257 OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES by Judge Fernando M. Olguin. IT IS ORDERED that the Application of Allen Matkins is granted. *See Order for Details.* (iv)
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Filing 261
ORDER GRANTING FIFTH INTERIM FEE APPLICATION #256 OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES by Judge Fernando M. Olguin. IT IS ORDERED that the Receiver's Application is granted. *See Order for details.* (iv)
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Filing 260
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #256 , APPLICATION for Hearing Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #257 , Fifth NOTICE OF MOTION AND MOTION for Disbursement of Funds Transition Activity in Support of Receiver #259 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 259
Fifth NOTICE OF MOTION AND MOTION for Disbursement of Funds Transition Activity in Support of Receiver filed by defendant PWCG Trust. Motion set for hearing on 8/15/2019 at 10:00 AM before Judge Fernando M. Olguin. (Kelly, Dennis)
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Filing 258
NOTICE OF MOTION re APPLICATION for Hearing Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #256 , APPLICATION for Hearing Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #257 filed by Receiver Thomas C Hebrank. Motion set for hearing on 8/15/2019 at 10:00 AM before Judge Fernando M. Olguin. (Fates, Edward)
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Filing 257
APPLICATION for Hearing Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 8/15/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 256
APPLICATION for Hearing Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 8/15/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 255
EXHIBIT Filed filed by Receiver Thomas C Hebrank. Exhibit A to Receiver's Fifth Interim Report and Recommendations as to Status Report #254 . (Fates, Edward)
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Filing 254
STATUS REPORT Receiver's Fifth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 253
ABSTRACT of Judgment issued in favor of Plaintiff Securities and Exchange Commission and against Andrew B Calhoun in the amount of $3,745,416.00 for Disgorgement Plus Pre Judgment Interest in the amount of $409,045.99. #165 (lwag)
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Filing 252
ABSTRACT of Judgment issued in favor of Plaintiff Securities and Exchange Commission and against Andrew B Calhoun in the amount of $320,000.00 for Civil Penalty Plus Post Judgment Interest. #165 (lwag)
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Filing 251
NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando M. Olguin, ORDERING Letter from Ira M. Belsky (non-party) submitted by Ira M. Belsky (non-party) received on 5/6/2019 is not to be filed but instead rejected. Denial based on: The court has no authority to address any of the issues raised in your letter unless the issues are brought before the court by an attorney of record pursuant to the Local Rules of the CD/CA. (iv)
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Filing 250
NOTICE OF DISCREPANCY AND ORDER: by Judge Fernando M. Olguin, ORDERING Letter dated April 12, 2019 submitted by Ira M Belsky received on 4/15/19 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.5 No letters to the judge. (lom)
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Filing 249
ORDER GRANTING FOURTH INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY #244 by Judge Fernando M. Olguin. (vdr)
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Filing 248
ORDER GRANTING FOURTH INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP #242 by Judge Fernando M. Olguin. (vdr)
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Filing 247
ORDER GRANTING FOURTH INTERIM FEE APPLICATION OF THE RECEIVER #241 by Judge Fernando M. Olguin. (vdr)
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Filing 246
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing Fourth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #242 , APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #241 , Fourth APPLICATION for Hearing Fee Application #244 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 245
NOTICE of hearing filed by defendant PWCG Trust. Fourth Interim Fee Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company, as Trustee of PWCG Trust (Kelly, Dennis)
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Filing 244
Fourth APPLICATION for Hearing Fee Application filed by defendant PWCG Trust. Application set for hearing on 4/25/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Kelly, Dennis)
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Filing 243
NOTICE OF MOTION re APPLICATION for Hearing Fourth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #242 , APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #241 filed by Receiver Thomas C Hebrank. Motion set for hearing on 4/25/2019 at 10:00 AM before Judge Fernando M. Olguin. (Fates, Edward)
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Filing 242
APPLICATION for Hearing Fourth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 4/25/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 241
APPLICATION for Hearing Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 4/25/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 240
STATUS REPORT Receiver's Fourth Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 239
ORDER by Judge Fernando M. Olguin, granting Third Interim Fee Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company #234 . (vdr)
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Filing 238
ORDER by Judge Fernando M. Olguin, granting Third Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP #232 . (vdr)
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Filing 237
ORDER by Judge Fernando M. Olguin, granting Third Interim Application of Receiver #231 . (vdr)
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Filing 236
NOTICE OF NON-OPPOSITION to Third APPLICATION for Hearing Fee Application #234 , APPLICATION for Hearing Third Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #232 , APPLICATION for Hearing Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #231 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 235
NOTICE of hearing filed by defendant PWCG Trust. Third Interim Fee Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company, as Trustee of PWCG Trust (Kelly, Dennis)
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Filing 234
Third APPLICATION for Hearing Fee Application filed by defendant PWCG Trust. Application set for hearing on 3/7/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Kelly, Dennis)
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Filing 233
NOTICE OF MOTION re APPLICATION for Hearing Third Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #232 , APPLICATION for Hearing Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #231 filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 232
APPLICATION for Hearing Third Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 3/7/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 231
APPLICATION for Hearing Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 3/7/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 230
STATUS REPORT Receiver's Third Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 229
ORDER by Judge Fernando M. Olguin, granting MOTION #227 . *See order for ruling.* (vdr)
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Filing 228
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for (A) Approval of Pooling of Receivership Assets, (B) Authority to Pay Policy Premiums from Pooled Funds, and (C) Authority to Sell or Surrender Certain Policies #227 filed by Plaintiff Securities and Exchange Commission. (Leung, Gary)
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Filing 227
NOTICE OF MOTION AND MOTION for Order for (A) Approval of Pooling of Receivership Assets, (B) Authority to Pay Policy Premiums from Pooled Funds, and (C) Authority to Sell or Surrender Certain Policies filed by Receiver Thomas C Hebrank. Motion set for hearing on 12/13/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proposed Order) (Fates, Edward)
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Filing 226
ORDER ON PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S EX PARTE APPLICATION #212 FOR LEAVE TO FILE RENEWED MOTION FOR SUMMARY JUDGMENT by Judge Fernando M. Olguin. DENIED BY ORDER OF THE COURT. (iv)
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Filing 225
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #224 by Judge Fernando M. Olguin. The Court orders the request of Defendant Andrew Calhoun IV and Pacific West Capital Group to substitute Joel Athey as attorney of record instead of Matthew S. Rosengart and Adam Siegler is GRANTED. (iv)
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Filing 224
REQUEST TO WITHDRAW ATTORNEY Mathew S. Rosengart as counsel of record Andrew Calhoun IV and Pacific West Capital Group filed by Defendants Pacific West Capital Group, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Request for Approval of Substitution of Attorney or Withdrawal of Counsel) (Rosengart, Mathew)
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Filing 223
ORDER GRANTING FIRST INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST #217 by Judge Fernando M. Olguin. (vdr)
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Filing 222
ORDER GRANTING SECOND INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #214 by Judge Fernando M. Olguin. (vdr)
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Filing 221
ORDER GRANTING SECOND INTERM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #213 by Judge Fernando M. Olguin. (vdr)
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Filing 220
ORDER TO EXTEND RECEIVER'S AUTHORITY TO USE EXISTING RESERVES TO COVER UNFUNDED PREMIUM PAYMENTS FOR 30 DAYS by Judge Fernando M. Olguin, granting MOTION #210 . (vdr)
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Filing 219
NOTICE OF NON-OPPOSITION to Second APPLICATION for Hearing Second Interim Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company, as Trustee of PWCG Trust #217 , APPLICATION for Hearing Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #213 , APPLICATION for Hearing Second Interim Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #214 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 218
NOTICE OF MOTION re APPLICATION for Hearing Second Interim Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company, as Trustee of PWCG Trust filed by defendant PWCG Trust. (Kelly, Dennis)
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Filing 217
Second APPLICATION for Hearing Second Interim Application for Approval and Payment of Fees and Costs to Mills, Potoczak & Company, as Trustee of PWCG Trust filed by defendant PWCG Trust. Application set for hearing on 11/15/2018 at 10:00 PM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Kelly, Dennis)
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Filing 216
OPPOSITION re: EX PARTE APPLICATION to File Renewed Motion for Summary Judgment #212 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Zaccaro, Thomas)
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Filing 215
NOTICE OF MOTION re APPLICATION for Hearing Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #213 , APPLICATION for Hearing Second Interim Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #214 filed by Receiver Thomas C Hebrank. Motion set for hearing on 11/15/2018 at 10:00 AM before Judge Fernando M. Olguin. (Fates, Edward)
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Filing 214
APPLICATION for Hearing Second Interim Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 11/15/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 213
APPLICATION for Hearing Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 11/15/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 212
EX PARTE APPLICATION to File Renewed Motion for Summary Judgment filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Memorandum, #2 Proposed Order) (Bulgozdy, John)
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Filing 211
NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Extending Receiver's Authority to Use Existing Reserves to Cover Unfunded Premium Payments for 30 Days #210 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 210
NOTICE OF MOTION AND MOTION for Order for Extending Receiver's Authority to Use Existing Reserves to Cover Unfunded Premium Payments for 30 Days filed by Receiver Thomas C Hebrank. Motion set for hearing on 11/1/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proposed Order) (Fates, Edward)
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Filing 209
ORDER GRANTING APPLICATION #208 TO REPLACE EXHIBIT A TO DOCUMENT 146-1 WITH REDACTED VERSION by Judge Fernando M. Olguin. The clerk shall replace Exhibit A to Document 146-1 with the redacted version provided with the Application. (iv)
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Filing 208
APPLICATION to Replace Exhibit A to Document 146-1 with Redacted Version filed by receiver Thomas C Hebrank. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 207
ORDER GRANTING FIRST INTERIM FEE APPLICATION FOR APPROVAL AND PAYMENT OF FEES AND COSTS TO MILLS, POTOCZAK & COMPANY, AS TRUSTEE OF PWCG TRUST #199 by Judge Fernando M. Olguin. Mills, Potoczak & Company's fees and costs for the First Application period are allowed and approved, on an interim basis, in the amounts of $21,333.75 and $698.49. (iv)
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Filing 206
ORDER GRANTING FIRST INTERIM APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS, LLP, GENERAL COUNSEL TO THE RECEIVER, FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #195 by Judge Fernando M. Olguin. Allen Matkins' fees and costs for the First Application Period are allowed and approved, on an interim basis, in the amounts of $76,835.70 and $1,545.16. (iv)
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Filing 205
ORDER GRANTING FIRST INTERIM FEE APPLICATION OF THE RECEIVER FOR PAYMENT OF FEES AND REIMBURSEMENT OF EXPENSES #194 by Judge Fernando M. Olguin. The Receiver's fees and costs for the First Application Period are allowed and approved, on an interim basis, in the amounts of $47,302.20 and $4,056.91. (iv)
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Filing 204
STATUS REPORT Receiver's Second Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 203
Notice of Appearance or Withdrawal of Counsel: for attorney Joel M Athey counsel for Defendant Andrew B Calhoun, IV. Adding Joel M. Athey as counsel of record for Andrew Calhoun, IV for the reason indicated in the G-123 Notice. Filed by Defendant Andrew Calhoun, IV. (Attorney Joel M Athey added to party Andrew B Calhoun, IV(pty:dft))(Athey, Joel)
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Filing 202
Notice of Appearance or Withdrawal of Counsel: for attorney Joel M Athey counsel for Defendant Pacific West Capital Group, Inc.. Adding Joel M. Athey as counsel of record for Pacific West Capital Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Pacific West Capital Group. (Attorney Joel M Athey added to party Pacific West Capital Group, Inc.(pty:dft))(Athey, Joel)
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Filing 201
NOTICE OF NON-OPPOSITION to APPLICATION for Hearing First Interim Application of Mills, Potoczak & Co., the Trustee of Defendant PWCG Trust for Payment of Fees and Reimbursement of Expenses #199 , APPLICATION for Hearing First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #194 , APPLICATION for Hearing First Interim Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #195 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 200
NOTICE OF MOTION re APPLICATION for Hearing First Interim Application of Mills, Potoczak & Co., the Trustee of Defendant PWCG Trust for Payment of Fees and Reimbursement of Expenses #199 filed by Defendant PWCG Trust. Motion set for hearing on 9/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Kelly, Dennis)
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Filing 199
APPLICATION for Hearing First Interim Application of Mills, Potoczak & Co., the Trustee of Defendant PWCG Trust for Payment of Fees and Reimbursement of Expenses filed by Defendant PWCG Trust. Application set for hearing on 9/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Attorney Dennis Justin Kelly added to party PWCG Trust(pty:dft)) (Kelly, Dennis)
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Filing 198
NOTICE OF FILING TRANSCRIPT filed for proceedings 08/03/2018, 10:02 A.M. re Transcript #197 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY
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Filing 197
TRANSCRIPT for proceedings held on 08/03/2018, 10:02 A.M.. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REQUESTS. 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 MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/14/2018. Release of Transcript Restriction set for 11/13/2018. (Bustillos, Maria)
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Filing 196
NOTICE OF MOTION re APPLICATION for Hearing First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver #194 , APPLICATION for Hearing First Interim Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses #195 filed by Receiver Thomas C Hebrank. Motion set for hearing on 9/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Fates, Edward)
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Filing 195
APPLICATION for Hearing First Interim Application of Allen Matkins Leck Gamble Mallory & Natsis, LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses filed by Receiver Thomas C Hebrank. Application set for hearing on 9/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 194
APPLICATION for Hearing First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Receiver Thomas C Hebrank. Application set for hearing on 9/20/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Fates, Edward)
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Filing 193
Notice of Appearance or Withdrawal of Counsel: for attorney Natalie D Thompson counsel for Defendants Andrew B Calhoun, IV, Pacific West Capital Group, Inc.. Natalie D. Thompson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Pacific West Capital Group, Inc. and Andrew B. Calhoun IV. (Thompson, Natalie)
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Filing 192
MINUTES OF PRETRIAL CONFERENCE AND STATUS CONFERENCE (Held & Completed); MOTIONS IN LIMINE HEARING (Not Held) before Judge Fernando M. Olguin. Counsel shall confer with their clients about the possibility of consenting to a Magistrate Judge. No later than 5:00 p.m. on August 8, 2018, each side shall submit via personal delivery or email confidential letters indicating whether they are willing to consent to a Magistrate Judge for trial. The case deadlines and dates are vacated pending consideration of consent to a Magistrate Judge. Court Reporter: Maria Bustillos. (iv)
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Filing 191
Amended PRETRIAL STIPULATION regarding Exhibits . (Bulgozdy, John)
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Filing 190
NOTICE OF MOTION AND MOTION to Withdraw Motion for Approval of Fees and Costs filed by Trustee PWCG Trust. (Roosa, James)
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Filing 189
NOTICE OF MOTION AND MOTION for Order for Approval of Fees and Costs filed by Trustee PWCG Trust. (Roosa, James)
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Filing 188
Proposed Voir Dire Questions filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody.. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 187
REPLY in Support of MOTION IN LIMINE (1) to Exclude Argument or Instructions that Securities were Exempt from Registration (Plaintiff's Motion No. 1) #169 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 186
Proposed Voir Dire Questions filed by Plaintiff Securities and Exchange Commission.. (Bulgozdy, John)
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Filing 185
Joint Disputed Jury Instructions filed by Plaintiff Securities and Exchange Commission (Bulgozdy, John)
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Filing 184
PROPOSED (Joint Disputed) JURY VERDICT filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 183
PROPOSED JURY INSTRUCTIONS (JOINT set) filed by Plaintiff Securities and Exchange Commission.. (Bulgozdy, John)
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Filing 182
REPLY in Support of MOTION IN LIMINE (3) to Exclude Evidence or Mention of Investors' Subjective Beliefs #174 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 181
REPLY in Support of MOTION IN LIMINE (2) to Exclude Evidence or Mention of Fraud #173 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 180
STATEMENT of the Case (JOINT) filed by Plaintiff Securities and Exchange Commission (Bulgozdy, John)
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Filing 179
REPLY in Support of MOTION IN LIMINE (1) to Exclude Evidence or Mention of Settlements #171 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Attachments: #1 Declaration of Thomas A. Zaccaro in Support of Reply in Support of Defendants' Motion in Limine No. 1, #2 Exhibit A to Zaccaro Declaration, #3 Declaration of Service)(Zaccaro, Thomas)
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Filing 178
NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Pretrial Conference Order)(Bulgozdy, John)
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Filing 177
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Zaccaro, Thomas)
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Filing 176
Witness List filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody.. (Attachments: #1 Declaration of Service)(Zaccaro, Thomas)
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Filing 175
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 174
NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Evidence or Mention of Investors' Subjective Beliefs filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 8/3/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Thomas A. Zaccaro, #2 Proposed Order Granting Defendants' Motion in Limine No. 3 to Exclude Evidence or Mention of Investors' Subjective Beliefs, #3 Declaration of Service)(Zaccaro, Thomas)
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Filing 173
NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Evidence or Mention of Fraud filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 8/3/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Thomas A. Zaccaro, #2 Proposed Order Granting Defendants' Motion in Limine No. 2 to Exclude Evidence or Mention of Fraud, #3 Declaration of Service)(Zaccaro, Thomas)
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Filing 172
PRETRIAL STIPULATION regarding Exhibits . (Bulgozdy, John)
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Filing 171
NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Evidence or Mention of Settlements filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 8/3/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Thomas A. Zaccaro, #2 Proposed Order Granting Defendants' Motion in Limine No. 1 to Exclude Evidence or Mention Settlements, #3 Declaration of Service)(Zaccaro, Thomas)
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Filing 170
Witness List filed by Plaintiff Securities and Exchange Commission.. (Bulgozdy, John)
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Filing 169
NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Argument or Instructions that Securities were Exempt from Registration (Plaintiff's Motion No. 1) filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 8/3/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of John B. Bulgozdy, #2 Declaration of Thomas C. Hebrank)(Bulgozdy, John)
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Filing 168
JUDGMENT AS TO DEFENDANT ANDREW B CALHOUN JR. #167 by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $104,800.00, prejudgment interest in the amount of $11,445.49, jointly and severally with Pacific West Capital Group, Inc., and a civil penalty in the amount of $7,500.00. Defendant shall satisfy this obligation by paying $123,745.49 to the Securities and Exchange Commission. (iv)
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Filing 167
STIPULATION for Judgment as to Defendant Andrew B Calhoun Jr. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 [Proposed] Final Judgment)(Bulgozdy, John)
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Filing 166
FINAL JUDGMENT AS TO DEFENDANT PACIFIC WEST CAPITAL GROUP, INC. #163 by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $53,654,584.00, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $5,859,747.58, and a civil penalty in the amount of $750,000.00 pursuant to Section 20(d) of the Securities Act, and Section 21(d)(3) of the Exchange Act. Defendant shall satisfy this obligation by paying $60,264,331.60 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. (iv)
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Filing 165
FINAL JUDGMENT AS TO DEFENDANT ANDREW B CALHOUN IV #162 by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $3,745,416.00, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $409,045.99, and a civil penalty in the amount of $320,000.00 pursuant to Section 20(d) of the Securities Act and Section 21(d)(3) of the Exchange Act. Defendant shall satisfy this obligation by paying $4,474,461.99 to the Securities and Exchange Commission within 14 days after entry of this Final Judgment. (iv)
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Filing 164
STIPULATION for Judgment as to Pacific West Capital Group, Inc. filed by Plaintiff Securities and Exchange Commission.(Bulgozdy, John)
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Filing 163
STIPULATION for Judgment as to Pacific West Capital Group, Inc. filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order Final Judgment)(Bulgozdy, John)
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Filing 162
STIPULATION for Judgment as to Andrew B Calhoun IV filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Bulgozdy, John)
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Filing 161
AMENDED ORDER GRANTING MOTION #153 AND AUTHORIZING THE RECEIVER TO: (A) ENGAGE PORTFOLIO MANAGEMENT AND VALUATION CONSULTANT; (B) TERMINATE MILLS, POTOCZAK & COMPANY; AND (C) USE PWCG TRUST RESERVE FUNDS TO COVER UNFUNDED PREMIUM PAYMENTS FOR AN ADDITIONAL FIVE MONTHS by Judge Fernando M. Olguin. The Motion is granted. (iv)
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Filing 160
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Authority #153 is taken off the 5/31/2018 calendar and placed under submission. No appearances are required on 5/31/2018. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 159
STATUS REPORT Receivers First Interim Report and Recommendations filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 158
NOTICE OF LODGING filed Amended [Proposed] Order re NOTICE OF MOTION AND MOTION for Order for Authority to (A) Engage Portfolio Management and Valuation Consultant; (B) Terminate Mills, Potoczak & Company; and (C) Use PWCG Trust Reserve Funds to Cover Unfunded Premium Payments for an Additional Five Mo #153 (Attachments: #1 Amended [Proposed] Order)(Fates, Edward)
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Filing 157
REPLY in support of NOTICE OF MOTION AND MOTION for Order for Authority to (A) Engage Portfolio Management and Valuation Consultant; (B) Terminate Mills, Potoczak & Company; and (C) Use PWCG Trust Reserve Funds to Cover Unfunded Premium Payments for an Additional Five Mo #153 filed by Receiver Thomas C Hebrank. (Fates, Edward)
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Filing 156
RESPONSE OF COOK STREET MASTER TRUST TO RECEIVER'S MOTION FOR AUTHORITY re NOTICE OF MOTION AND MOTION for Order for Authority to (A) Engage Portfolio Management and Valuation Consultant; (B) Terminate Mills, Potoczak & Company; and (C) Use PWCG Trust Reserve Funds to Cover Unfunded Premium Payments for an Additional Five Mo #153 filed by Miscellaneous Cook Street Master Trust. (Attachments: #1 Declaration of Andrew Plevin)(Attorney Michael S Cryan added to party Cook Street Master Trust(pty:misc))(Cryan, Michael)
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Filing 155
RESPONSE IN SUPPORT MOTION for Order for Authority to (A) Engage Portfolio Management and Valuation Consultant; (B) Terminate Mills, Potoczak & Company; and (C) Use PWCG Trust Reserve Funds to Cover Unfunded Premium Payments for an Additional Five Months filed by Defendant PWCG Trust. (Roosa, James)
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Filing 154
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Order for Authority to (A) Engage Portfolio Management and Valuation Consultant; (B) Terminate Mills, Potoczak & Company; and (C) Use PWCG Trust Reserve Funds to Cover Unfunded Premium Payments for an Additional Five Mo #153 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 153
NOTICE OF MOTION AND MOTION for Order for Authority to (A) Engage Portfolio Management and Valuation Consultant; (B) Terminate Mills, Potoczak & Company; and (C) Use PWCG Trust Reserve Funds to Cover Unfunded Premium Payments for an Additional Five Months filed by Receiver Thomas C Hebrank. Motion set for hearing on 5/31/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proposed Order) (Fates, Edward)
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Filing 152
MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTION by Judge Fernando M. Olguin. Hebrank's Motion #150 is granted. (vdr)
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Filing 151
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Order for Aid of Receivership #150 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 150
NOTICE OF MOTION AND MOTION for Order for Aid of Receivership filed by Receiver Thomas C Hebrank. Motion set for hearing on 4/19/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Attorney Edward G Fates added to party Thomas C Hebrank(pty:rc)) (Fates, Edward)
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Filing 149
ORDER RE: STIPULATION #148 AND FURTHER PROCEEDINGS by Judge Fernando M. Olguin. Jury Trial is continued to 8/21/2018 at 8:45 AM before Judge Fernando M. Olguin. *See order for continued dates and deadlines.* (vdr)
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Filing 148
STIPULATION to Vacate PreTrial and Trial Dates as to Defendants Andrew B Calhoun IV and Pacific West Capital Group, Inc. Order,, Terminate Hearings,, Set/Reset Hearing, #68 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order Vacating PreTrial and Trial Dates as to Defendants Andrew B Calhoun IV and Pacific West Capital Group, Inc.)(Bulgozdy, John)
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Filing 147
ORDER GRANTING EX PARTE APPLICATION #146 by Judge Fernando M. Olguin. The Receiver is authorized to use existing reserve funds held by PWCG Trust to make Unfunded Premium Payments that come due during the months of March, April, and May 2018. (vdr)
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Filing 146
EX PARTE APPLICATION for Order for Limited Authority to Use PWCG Trust Reserve Funds to Cover Unfunded Insurance Policy Premium Payments filed by Receiver Thomas C Hebrank. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proposed Order) (Attorney David R Zaro added to party Thomas C Hebrank(pty:rc)) (Zaro, David) (Attachment 1 replaced on 9/30/2018) (vdr).
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Filing 145
JUDGMENT AS TO DEFENDANT PWCG TRUST by Judge Fernando M. Olguin, re Application to Appoint Receiver #142 . IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction over this action for the purpose of implementing and carrying out the terms of all orders and decrees which may be entered herein and to entertain any suitable application or motion for additional relief within the jurisdiction of this Court. SEE JUDGMENT FOR DETAILS. (iv)
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Filing 144
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO BIFURCATE #136 by Judge Fernando M. Olguin. Moving Defendants' Motion to Bifurcate is denied. (vdr)
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Filing 143
STIPULATION for Judgment as to Defendant PWCG Trust filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Bulgozdy, John)
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Filing 142
Joint EX PARTE APPLICATION to Appoint Receiver for PWCG Trust filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Memorandum, #2 Declaration of John B. Bulgozdy ISO Ex Parte Motion, #3 Exhibit 1 to Declaration of John B. Bulgozdy ISO Ex Parte Motion, #4 Exhibit 2 to Declaration of John B. Bulgozdy ISO Ex Parte Motion, #5 Proposed Order) (Bulgozdy, John)
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Filing 141
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Bifurcate #136 and Joinder #139 are taken off the 2/1/2018 calendar and placed under submission. No appearances are required on 2/1/2018. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 140
REPLY in support of NOTICE OF MOTION AND MOTION to Bifurcate Trial #136 filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. (Zaccaro, Thomas)
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Filing 139
JOINDER in NOTICE OF MOTION AND MOTION to Bifurcate Trial #136 filed by Defendant Andrew B Calhoun, Jr. (Witkow, Brandon)
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Filing 138
OPPOSITION to re: NOTICE OF MOTION AND MOTION to Bifurcate Trial #136 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 137
Notice of Appearance or Withdrawal of Counsel: for attorney Kristin S Escalante counsel for Plaintiff Securities and Exchange Commission. Kristin S. Escalante is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Escalante, Kristin)
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Filing 136
NOTICE OF MOTION AND MOTION to Bifurcate Trial filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody. Motion set for hearing on 2/1/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Zaccaro, Thomas)
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Filing 135
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of Attorney Thomas A Zaccaro of Paul hastings LLP for Defendant Caleb Austin Moody in place and stead of Attorneys Cory A Baskin and Brandon J Witkow #134 . (jp)
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Filing 134
REQUEST TO SUBSTITUTE ATTORNEY Thomas A. Zaccaro in place of attorney Brandon J. Witkow and Cory A. Baskin filed by Defendant Caleb Austin Moody. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Attorney Thomas A Zaccaro added to party Caleb Austin Moody(pty:dft)) (Zaccaro, Thomas)
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Filing 133
Notice of Appearance or Withdrawal of Counsel: for attorney Gary Y Leung counsel for Plaintiff Securities and Exchange Commission. Adding Gary Y. Leung as counsel of record for Securities and Exchange Commission for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Attorney Gary Y Leung added to party Securities and Exchange Commission(pty:pla))(Leung, Gary)
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Filing 132
AMENDED ORDER by Judge Fernando M. Olguin Re: Order #131 . (vdr)
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Filing 131
ORDER RE: FURTHER MEDIATION PROCEEDINGS by Judge Fernando M. Olguin. Jury Trial set for 5/8/2018 at 8:45 AM before Judge Fernando M. Olguin. (vdr)
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Filing 130
RESPONSE filed by Defendants BAK West, Inc., Brenda Christine Barry, Eric Christopher Cannon, Century Point, LLCto Mediation Report (ADR-3) Unable to Reach Agreement,, #129 (Zaccaro, Thomas)
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Filing 129
MEDIATION REPORT Filed by Plaintiff Securities and Exchange Commission: Mediation held on July 24, 2017. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey (Attachments: #1 Proposed Order Re: Pretrial and Trial Dates)(Bulgozdy, John)
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Filing 128
ORDER RE: JOINT STATUS REPORT REGARDING MEDIATION by Judge Fernando M. Olguin that no later than 10/20/2017, the parties shall file a notice of settlement; if the case is not settled, then on that date the parties shall submit proposed pretrial and trial dates. (jp)
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Filing 127
STATUS REPORT Regarding Mediation (filed jointly) filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 126
MINUTE ORDER IN CHAMBERS RE: STIPULATION #125 by Judge Fernando M. Olguin. No later than 9/21/2017, the parties shall file a notice of settlement or status report re settlement. (vdr)
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Filing 125
STATUS REPORT Regarding Mediation (filed jointly) filed by Plaintiff Securities and Exchange Commission. (Escalante, Kristin)
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Filing 124
ORDER RE: FURTHER MEDIATION PROCEEDINGS by Judge Fernando M. Olguin that Defendants Ex Parte Application to Modify Court's Order re: Mediation (Document No. #122 ) is DENIED. The parties, their counsel, and their insurers shall complete a mediation before the Hon. Carl J. West (Ret.) of JAMS no later than 7/31/2017. (jp)
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Filing 123
STATEMENT of SEC's Response to EX PARTE APPLICATION for Relief from Court's Order Regarding Mediation re Minutes of In Chambers Order/Directive - no proceeding held,, #120 #122 filed by Plaintiff Securities and Exchange Commission. (Escalante, Kristin)
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Filing 122
EX PARTE APPLICATION for Relief from Court's Order Regarding Mediation re Minutes of In Chambers Order/Directive - no proceeding held,, #120 filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Lewis, Jason)
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Filing 121
Parties' Submission of Name of Private Mediator filed by Plaintiff Securities and Exchange Commission on Behalf of All Parties re: Minutes of In Chambers Order/Directive - no proceeding held,, #120 (Escalante, Kristin)
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Filing 120
MINUTE (In Chambers) Order Re: Mediation by Judge Fernando M. Olguin: IT IS ORDERED THAT: (1) The parties shall attempt to select a mutually acceptable private mediator and submit his or her name to the court no later than 4/24/2017. Plaintiff's counsel shall initiate the meet and confer process relating to the selection of a private mediator no later than 4/17/2017. (2) If the parties cannot agree on a private mediator, then each party shall submit to the court's courtroom deputy via personal delivery or email a confidential letter nominating five (5) candidates no later than 4/26/2017. (jp)
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Filing 119
MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTIONS by Judge Fernando M. Olguin. IT IS ORDERED THAT Plaintiff's and Defendants' Cross-Motions for Summary Judgment #104 AND #105 are denied. (vdr)
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Filing 118
NOTICE TO PARTIES by District Judge Fernando M. Olguin. Effective December 15, 2016, Judge Olguin will be located at the 1st Street Courthouse, COURTROOM 6D on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 6D of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office 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 117
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Fernando M. Olguin Re: Miscellaneous Document #116 (actual document is a Request for Approval of Substitution). The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Incorrect event selected; and (2) Proposed Document was not submitted as separate attachment (no proposed order submitted at all). (vdr)
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Filing 116
[DOCUMENT STRICKEN] Request for Approval of Substitution or Withdrawal of Counsel, Proof of Service (Kelly, Dennis) Modified on 11/10/2016 (vdr).
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Filing 115
STIPULATION to Dismiss Defendant Michael Wayne Dotta filed by Plaintiff Securities and Exchange Commission.(Escalante, Kristin)
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Filing 114
NOTICE Statement of Death of Defendant Michael Wayne Dotta [F.R.C.P. 25(a)] filed by Defendants Andrew B Calhoun, Jr, Michael Wayne Dotta, Caleb Austin Moody. (Witkow, Brandon)
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Filing 113
ORDER RE FURTHER PROCEEDINGS #111 by Judge Fernando M. Olguin: Having reviewed and considered all the briefing filed with respect to defendants' Ex Parte Application to Continue Trial Setting and Pretrial Deadlines ("Ex Parte Application"), and considering that fact and expert discovery deadlines have passed, IT IS ORDERED that the Ex Parte Application (Document No. 111) is granted in part and denied in part. The pretrial conference, currently set for July 8, 2016, and all other dates including the trial date, are hereby vacated pending the court's ruling on the parties' cross motions for summary judgment (Dkts. 104 & 105). (jloz)
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Filing 112
OPPOSITION re: EX PARTE APPLICATION to Continue Trial Setting and Pretrial Deadlines #111 filed by Plaintiff Securities and Exchange Commission. (Escalante, Kristin)
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Filing 111
EX PARTE APPLICATION to Continue Trial Setting and Pretrial Deadlines filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. (Attachments: #1 Memorandum, #2 Proposed Order) (Lewis, Jason)
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Filing 110
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Joint Motion for Summary Judgment #104 and SEC's Motion for Summary Judgment #105 , currently set for April 21, 2016, are taken off calendar and placed under submission. No appearances are required on April 21, 2016. The court may order further briefing or other proceedings, at any time, as appropriate. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY
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Filing 109
REPLY Supplemental Brief in Support of Motion For Summary Judgment and Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment and Partial Summary Judgment #105 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration Supplemental Declaration of Kristin Escalante)(Escalante, Kristin)
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Filing 108
MEMORANDUM in Support of for Summary Judgment #104 , NOTICE OF MOTION AND MOTION for Summary Judgment and Partial Summary Judgment #105 Supplemental Memorandum filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. (Lewis, Jason)
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Filing 107
JOINT STATEMENT of Uncontroverted Facts for Summary Judgment #104 , NOTICE OF MOTION AND MOTION for Summary Judgment and Partial Summary Judgment #105 filed by Plaintiff Securities and Exchange Commission. (Escalante, Kristin)
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Filing 106
EXHIBIT Parties' Joint Evidentiary Appendix in Support of Cross-Motions for SummaryJudgment and Partial Summary Judgment to NOTICE OF MOTION AND MOTION for Summary Judgment and Partial Summary Judgment #105 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Table of Contents, #2 Tab 1, #3 Tab 2, #4 Tab 3, #5 Tab 4, #6 Tab 5, #7 Tab 6, #8 Tab 7, #9 Tab 8, #10 Tab 9, #11 Tab 10, #12 Tab 10A, #13 Tab 11, #14 Tab 12, #15 Tab 13, #16 Tab 14, #17 Tab 15, #18 Tab 16, #19 Tab 17, #20 Tab 18, #21 Tab 19, #22 Tab 20, #23 Tab 21, #24 Tab 22, #25 Tab 23, #26 Tab 24, #27 Tab 25, #28 Tab 26, #29 Tab 27, #30 Tab 28, #31 Tab 29, #32 Tab 30, #33 Tab 31, #34 Tab 32, #35 Tab 33, #36 Tab 34, #37 Tab 35, #38 Tab 36, #39 Tab 37, #40 Tab 38, #41 Tab 39, #42 Tab 40, #43 Tab 41, #44 Tab 42, #45 Tab 43, #46 Tab 44, #47 Tab 45, #48 Tab 46, #49 Tab 47, #50 Tab 48, #51 Tab 49, #52 Tab 50, #53 Tab 51, #54 Tab 52, #55 Tab 53, #56 Tab 54, #57 Tab 55, #58 Tab 56, #59 Tab 57, #60 Tab 58, #61 Tab 59, #62 Tab 60, #63 Tab 61, #64 Tab 62, #65 Tab 63, #66 Tab 64, #67 Tab 65, #68 Tab 66, #69 Tab 67, #70 Tab 68, #71 Tab 69, #72 Tab 70, #73 Tab 71, #74 Tab 72, #75 Tab 73, #76 Tab 74, #77 Tab 75, #78 Tab 76, #79 Tab 77, #80 Tab 78, #81 Tab 79, #82 Tab 80, #83 Tab 81, #84 Tab 82, #85 Tab 83, #86 Tab 84, #87 Tab 85, #88 Tab 86, #89 Tab 87, #90 Tab 88, #91 Tab 89, #92 Tab 90, #93 Tab 91, #94 Tab 92, #95 Tab 93, #96 Tab 94, #97 Tab 95, #98 Tab 96, #99 Tab 97, #100 Tab 98, #101 Tab 99, #102 Tab 100, #103 Tab 101, #104 Tab 102, #105 Tab 103, #106 Tab 104, #107 Tab 105, #108 Tab 106, #109 Tab 107, #110 Tab 108, #111 Tab 109, #112 Tab 110, #113 Tab 111, #114 Tab 112, #115 Tab 113, #116 Tab 114, #117 Tab 115, #118 Tab 116, #119 Tab 117, #120 Tab 118, #121 Tab 119, #122 Tab 120, #123 Tab 121, #124 Tab 122, #125 Tab 123, #126 Tab 124, #127 Tab 125, #128 Tab 126, #129 Tab 127, #130 Tab 127A, #131 Tab 127B, #132 Tab 128, #133 Tab 129, #134 Tab 130, #135 Tab 131, #136 Tab 132, #137 Tab 133, #138 Tab 134, #139 Tab 135, #140 Tab 136, #141 Tab 137, #142 Tab 138, #143 Tab 139, #144 Tab 140, #145 Tab 141, #146 Tab 142, #147 Tab 143, #148 Tab 144, #149 Tab 145, #150 Tab 146, #151 Tab 147, #152 Tab 148, #153 Tab 149, #154 Tab 150, #155 Tab 151, #156 Tab 152, #157 Tab 153, #158 Tab 154, #159 Tab 155, #160 Tab 156, #161 Tab 157, #162 Tab 158, #163 Tab 159, #164 Tab 180, #165 Tab 161, #166 Tab 162, #167 Tab 163, #168 Tab 164, #169 Tab 165, #170 Tab 166_P1, #171 Tab 166_P2, #172 Tab 167, #173 Tab 168, #174 Tab 169, #175 Tab 170, #176 Tab 171_P1, #177 Tab 171_P2, #178 Tab 172, #179 Tab 173, #180 Tab 174, #181 Tab 175, #182 Tab 176, #183 Tab 177, #184 Tab 178, #185 Tab 179, #186 Tab 180, #187 Tab 181, #188 Tab 182, #189 Tab 183, #190 Tab 184, #191 Tab 185, #192 Tab 186, #193 Tab 187, #194 Tab 188, #195 Tab 189, #196 Tab 190, #197 Tab 191, #198 Tab 192, #199 Tab 193, #200 Tab 194, #201 Tab 195, #202 Tab 196, #203 Tab 197, #204 Tab 198, #205 Tab 199, #206 Tab 200, #207 Tab 201, #208 Tab 202, #209 Tab 203, #210 Tab 204, #211 Tab 205, #212 Tab 206, #213 Tab 207, #214 Tab 208, #215 Tab 209, #216 Tab 210, #217 Tab 211, #218 Tab 212, #219 Tab 213, #220 Tab 214, #221 Tab 215, #222 Tab 216, #223 Tab 217, #224 Tab 218, #225 Tab 219, #226 Tab 220, #227 Tab 221, #228 Tab 222, #229 Tab 223, #230 Tab 224, #231 Tab 225, #232 Tab 226, #233 Tab 227, #234 Tab 228, #235 Tab 229, #236 Tab 230, #237 Tab 231, #238 Tab 232, #239 Tab 233, #240 Tab 234, #241 Tab 235, #242 Tab 236, #243 Tab 237, #244 Tab 238, #245 Tab 239, #246 Tab 240, #247 Tab 241_P1, #248 Tab 241_P2, #249 Tab 242_P1, #250 Tab 242_P2, #251 Tab 243_P1, #252 Tab 243_P2, #253 Tab 244, #254 Tab 245, #255 Tab 246, #256 Tab 247, #257 Tab 248)(Escalante, Kristin)
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Filing 105
NOTICE OF MOTION AND MOTION for Summary Judgment and Partial Summary Judgment filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 4/21/2016 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Parties' Joint Submission for Their Cross-Motions for Summary Judgment, #2 Proposed Order) (Escalante, Kristin)
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Filing 104
Joint Motion for Summary Judgment filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.(Attachments: #1 Proposed Order Judgment)(Lewis, Jason) Modified on 3/24/2016 (vdr).
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Filing 103
NOTICE of Change of address by Marc A Legget attorney for Defendant PWCG Trust. Changing attorneys address to 1851 Veteran Ave., #204 Los Angeles, CA 90025. Filed by Defendant PWCG Trust. (Legget, Marc)
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Filing 102
PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order #93 (see attached) (jm)
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Filing 101
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of Attorney Thomas A Zaccaro for Defendant Eric Christopher Cannon in place and stead of Cory A Baskin and Brandon J Witkow #97 . (jp)
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Filing 100
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of Attorney Thomas A Zaccaro for Defendant BAK West, Inc., in place and stead of Cory A Baskin and Brandon J Witkow #96 . (jp)
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Filing 99
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of Attorney Thomas A Zaccaro for Century Point, LLC., in place and stead of Cory A Baskin and Brandon J Witkow #95 . (jp)
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Filing 98
ORDER by Judge Fernando M. Olguin GRANTING Request for Approval of Substitution of Attorney Thomas A Zaccaro for Defendant Brenda Christine Barry in place and stead of Cory A Baskin and Brandon J Witkow #94 . (jp)
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Filing 97
REQUEST TO SUBSTITUTE ATTORNEY Thomas A. Zaccaro in place of attorney Brandon J. Witkow for defendant Eric Christopher Cannon filed by Defendant Eric Christopher Cannon. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Witkow, Brandon)
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Filing 96
REQUEST TO SUBSTITUTE ATTORNEY Thomas A. Zaccaro in place of attorney Brandon J. Witkow for defendant Bak West, Inc. filed by Defendant BAK West, Inc.. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Witkow, Brandon)
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Filing 95
REQUEST TO SUBSTITUTE ATTORNEY Thomas A. Zaccaro in place of attorney Brandon J. Witkow for defendant Century Point, LLC filed by Defendant Century Point, LLC. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Witkow, Brandon)
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Filing 94
REQUEST TO SUBSTITUTE ATTORNEY Thomas A. Zaccaro in place of attorney Brandon J. Witkow for defendant Brenda Christine Barry filed by Defendant Brenda Christine Barry. (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney) (Witkow, Brandon)
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Filing 93
STIPULATION for Protective Order filed by DEFENDANTS Andrew B Calhoun, IV, Pacific West Capital Group, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Hopkins, Jason)
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Filing 92
STATUS REPORT Regarding Settlement filed by Plaintiff Securities and Exchange Commission. (Escalante, Kristin)
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Filing 91
MINUTES OF Settlement Conference held before Magistrate Judge Frederick F. Mumm: The Court convened a settlement conference in this matter. The parties did not reach a settlement. (jm)
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Filing 90
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Frederick F. Mumm. A Settlement Conference will be held on February 3, 2016, at 1:30 p.m. No later than (one week prior to settlement conference day), each party shall submit a Confidential Settlement Conference Statement directly to the chambers of Magistrate Judge Mumm. IT IS SO ORDERED. (mz)
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Filing 89
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #86 #88 APPLICATION to Appear Pro Hac Vice by Attorney Jason M. Hopkins on behalf of Defendants Pacific West Capital Group, Inc., and Andrew B. Calhoun, IV, designating Adam Siegler as local counsel. (lt)
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Filing 88
Amended APPLICATION for attorney Jason Michael Hopkins to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Andrew B Calhoun, IV, Pacific West Capital Group, Inc.. (Attachments: #1 Appendix Certificate of Good Standing, #2 Proposed Order) (Siegler, Adam)
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Filing 87
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Jason Michael Hopkins to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17085257 paid.) #86 . The following error(s) was found: Other error(s) with document(s) are specified below: Applicant failed to list state courts where they are admitted. Only listed appellate and district courts. See Instructions for Applicants (1)(G-64). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt)
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Filing 86
APPLICATION for attorney Jason Michael Hopkins to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17085257 paid.) filed by Defendant Andrew B Calhoun, IV, Pacific West Capital Group, Inc.. (Attachments: #1 Appendix Certificate of Good Standing, #2 Proposed Order) (Siegler, Adam)
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Filing 85
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #84 APPLICATION to Appear Pro Hac Vice by Attorney Natalie D. Thompson on behalf of Defendants Pacific West Capital Group, Inc., and Andrew B. Calhoun, IV, designating Adam Siegler as local counsel. (lt)
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Filing 84
APPLICATION for attorney Natalie Deyo Thompson to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17048092 paid.) filed by Defendants, Pacific West Capital Group, Inc. and Andrew B. Calhoun IV Pacific West Capital Group, Inc.. (Attachments: #1 Appendix Certificate of Good Standing, State Bar of Texas Re Natalie Thompson, #2 Proposed Order Proposed Order Granting Pro Hac Vice Admission of Natalie Thompson) (Siegler, Adam)
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Filing 83
ORDER by Judge Fernando M. Olguin: The Ex Parte Application for Leave to File Motion for Summary Judgment on Threshold Question #79 is DENIED. (cw)
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Filing 82
OPPOSITION re: EX PARTE APPLICATION for Leave to file Motion for Summary Judgment on Threshold Question #79 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration Declaration of Kristin S. Escalante, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8)(Escalante, Kristin)
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Filing 81
Notice of Appearance or Withdrawal of Counsel: for attorney Jason S Lewis counsel for Defendants Andrew B Calhoun, IV, Pacific West Capital Group, Inc.. Adam S. Tyler 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 Pacific West Capital Group and Andrew B Calhoun IV. (Lewis, Jason)
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Filing 80
JOINDER in EX PARTE APPLICATION for Leave to file Motion for Summary Judgment on Threshold Question #79 filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody. (Attorney Brandon J Witkow added to party Andrew B Calhoun, Jr(pty:dft))(Witkow, Brandon)
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Filing 79
EX PARTE APPLICATION for Leave to file Motion for Summary Judgment on Threshold Question filed by defendant Andrew B Calhoun, IV, Pacific West Capital Group, Inc.. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order) (Lewis, Jason)
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Filing 78
AMENDED DOCUMENT filed by Defendant Andrew B Calhoun, Jr. Amendment to Notice of Appearance or Withdrawal of Counsel (G-123),,,, #76 Andrew Calhoun, Jr., not Andrew Calhoun IV (Baskin, Cory)
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Filing 77
AMENDED DOCUMENT filed by Defendant Andrew B Calhoun, Jr. Amendment to Notice of Appearance or Withdrawal of Counsel (G-123),,,, #75 Representation should be for Andrew Calhoun, Jr., not Andrew Calhoun IV (Witkow, Brandon)
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Filing 76
Notice of Appearance or Withdrawal of Counsel: for attorney Cory A Baskin counsel for Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody. Adding Cory A. Baskin as counsel of record for Brenda Christine Barry, BAK West, Inc., Andrew B. Calhoun IV, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta & Caleb Austin Moody for the reason indicated in the G-123 Notice. Filed by Defendants Brenda Christine Barry, BAK West, Inc., Andrew B. Calhoun IV, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta & Caleb Austin Moody. (Attorney Cory A Baskin added to party BAK West, Inc.(pty:dft), Attorney Cory A Baskin added to party Brenda Christine Barry(pty:dft), Attorney Cory A Baskin added to party Andrew B Calhoun, IV(pty:dft), Attorney Cory A Baskin added to party Eric Christopher Cannon(pty:dft), Attorney Cory A Baskin added to party Century Point, LLC(pty:dft), Attorney Cory A Baskin added to party Michael Wayne Dotta(pty:dft), Attorney Cory A Baskin added to party Caleb Austin Moody(pty:dft))(Baskin, Cory)
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Filing 75
Notice of Appearance or Withdrawal of Counsel: for attorney Brandon J Witkow counsel for Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody. Adding Brandon J. Witkow as counsel of record for Brenda Christine Barry, BAK West, Inc., Andrew B. Calhoun IV, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta & Caleb Austin Moody for the reason indicated in the G-123 Notice. Filed by Defendants Brenda Christine Barry, BAK West, Inc., Andrew B. Calhoun IV, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta & Caleb Austin Moody. (Attorney Brandon J Witkow added to party BAK West, Inc.(pty:dft), Attorney Brandon J Witkow added to party Brenda Christine Barry(pty:dft), Attorney Brandon J Witkow added to party Andrew B Calhoun, IV(pty:dft), Attorney Brandon J Witkow added to party Eric Christopher Cannon(pty:dft), Attorney Brandon J Witkow added to party Century Point, LLC(pty:dft), Attorney Brandon J Witkow added to party Michael Wayne Dotta(pty:dft), Attorney Brandon J Witkow added to party Caleb Austin Moody(pty:dft))(Witkow, Brandon)
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Filing 74
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #72 APPLICATION to Appear Pro Hac Vice by Attorney James K. Roosa on behalf of Defendant PWCG Trust, designating Marc A. Legget as local counsel. (lt)
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Filing 73
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney James K. Roosa to Appear Pro Hac Vice (PHV FEE NOT PAID.) #72 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3(c). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt)
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Filing 72
APPLICATION for attorney James K. Roosa to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by defendant PWCG Trust. (Attachments: #1 Proposed Order G64 Order) (Legget, Marc)
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Filing 71
DEMAND for Jury Trial filed by Defendant PWCG Trust.. (Legget, Marc)
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Filing 70
DEMAND for Jury Trial filed by Defendant BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody.. (Lewis, Jason)
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Filing 69
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr)
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Filing 68
SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 7/26/2016 at 8:30 AM; Final Pretrial Conference and Motions in Limine are set for 7/8/2016 at 10:00 AM before Judge Fernando M. Olguin. *See order for deadlines and requirements set.* (vdr)
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Filing 67
ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant PWCG Trust.(Legget, Marc)
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Filing 66
ANSWER filed by Defendant Caleb Austin Moody.(Lewis, Jason)
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Filing 65
ANSWER filed by Defendant Michael Wayne Dotta.(Lewis, Jason)
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Filing 64
ANSWER filed by Defendants Eric Christopher Cannon, Century Point, LLC.(Lewis, Jason)
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Filing 63
ANSWER filed by Defendant Andrew B Calhoun, Jr.(Lewis, Jason)
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Filing 62
ANSWER filed by Defendants Andrew B Calhoun, IV, Pacific West Capital Group, Inc..(Lewis, Jason)
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Filing 61
ANSWER filed by Defendants BAK West, Inc., Brenda Christine Barry.(Lewis, Jason)
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Filing 60
INITIAL DISCLOSURE filed by Defendant PWCG Trust (Legget, Marc)
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Filing 59
JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Securities and Exchange Commission.. (Bulgozdy, John)
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Filing 58
ORDER ON JOINT STIPULATION #55 by Judge Fernando M. Olguin. Defendants' Motion to Dismiss is withdrawn. Defendants' shall answer by 7/10/2015. (vdr)
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Filing 57
Joint STIPULATION to Withdraw Motion MOTION to Dismiss Case #55 filed by DEFENDANTS BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. (Attachments: #1 Proposed Order)(Lewis, Jason)
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Filing 56
DENIED BY ORDER OF THE COURT by Judge Fernando M. Olguin Regarding Stipulation Regarding Motion to Dismiss #54 . (jp)
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Filing 55
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. Motion set for hearing on 7/16/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit A, #2 Proposed Order)(Attorney Jason S Lewis added to party PWCG Trust(pty:dft))(Lewis, Jason)
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Filing 54
Joint STIPULATION to CORRECT filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, Pacific West Capital Group, Inc.. (Attachments: #1 Proposed Order)(Lewis, Jason)
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Filing 53
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Fernando M. Olguin Re: MOTION to Dismiss #45 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason: Local Rule 7-3, no meet and confer. (vdr)
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Filing 52
ORDER GRANTING EX PARTE APPLICATION #50 TO CONTINUE by Judge Fernando M. Olguin. The Motion to Dismiss #45 and Scheduling Conference are hereby continued to 7/16/2015 at 10:00 AM before Judge Fernando M. Olguin. The Rule 26 Meeting Report is due by 7/2/2015. (vdr)
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Filing 51
MINUTES (IN CHAMBERS) ORDER RE: MOTION #6 FOR PRELIMINARY INJUNCTION by Judge Fernando M. Olguin. Plaintiff's motion is denied. *See order for ruling.* (vdr)
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Filing 50
EX PARTE APPLICATION to Continue Hearing on Motion to Dismiss and Scheduling Conference from July 9, 2015 to July 16, 2015 Re: MOTION to Dismiss Case #45 , Initial Order Setting R26 Scheduling Conference - form only #48 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Bulgozdy, John)
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Filing 49
CERTIFICATION AND NOTICE of Interested Parties filed by Defendant PWCG Trust (Legget, Marc) NOTICE of Interested Parties filed by Defendant PWCG Trust, identifying PWCG. (Legget, Marc)
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Filing 48
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 7/9/2015 at 10:00 AM before Judge Fernando M. Olguin; Rule 26 Meeting Report due by 6/25/2015. (vdr)
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Filing 47
CERTIFICATE of Interested Parties filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, Pacific West Capital Group, Inc., (Lewis, Jason)
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Filing 46
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case #45 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Compliance with Local Rule 7.1-1 is required no later than June 10, 2015, or defendant's motion may be stricken. (jloz)
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Filing 45
[DOCUMENT IS STRICKEN] NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. Motion set for hearing on 7/9/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit A, #2 Proposed Order)(Lewis, Jason) Modified on 6/17/2015 (vdr).
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Filing 44
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Preliminary Injunction #6 is continued for hearing to 6/18/2015 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 43
ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION #41 TO CONTINUE PRELIMINARY INJUNCTION HEARING by Judge Fernando M. Olguin. The preliminary injunction motion #6 is continued to 6/11/2015 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
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Filing 42
NOTICE OF NON-OPPOSITION to MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 , MOTION to Continue hearing from June 4, 2015 to June 11, 2015 #41 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 41
NOTICE OF MOTION AND MOTION to Continue hearing from June 4, 2015 to June 11, 2015 filed by defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, Pacific West Capital Group, Inc.. (Attachments: #1 Declaration Jason S. Lewis, #2 Proposed Order)(Lewis, Jason)
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Filing 40
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the MOTION for Preliminary Injunction #6 is continued for hearing to 6/4/2015 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 39
REPLY MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 Reply Memorandum of Points and Authorities ISO Plaintiff SEC's Motion for Preliminary Injunction against Defendants AND Further Declaration of Todd Brilliant ISO Plaintiff SEC's Reply filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Declaration Further Declaration of Todd Brilliant ISO SEC's Motion for Preliminary Injunction Against Defendants)(Bulgozdy, John)
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Filing 38
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT by Judge Fernando M. Olguin Re: Opposition #36 . The following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Incorrect document is attached to the docket entry; (2) the opposition is preceded by a civil cover sheet; (3) the opposition that follows the civil cover sheet appears to be duplicative of the entry at docket #35 . (vdr)
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Filing 37
ORDER GRANTING DEFENDANTS' MOTION #32 TO SUBSTITUTE DOCKET by Judge Fernando M. Olguin. Docket 28.4 is removed and substituted with the exhibits filed in motion #32 . (vdr)
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Filing 36
[DOCUMENT IS STRICKEN] OPPOSITION to MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust Motion #6 filed by Defendant PWCG Trust. (Legget, Marc) Modified on 5/13/2015 (vdr).
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Filing 35
OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION OPPOSITION TO re: MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 filed by Defendant PWCG Trust. (Attorney Marc A Legget added to party PWCG Trust(pty:dft))(Legget, Marc)
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Filing 34
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #31 Application to Appear Pro Hac Vice by Attorney Christopher M. LaVigne on behalf of Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody and for Pacific West Capital Group, Inc., designating Adam Siegler as local counsel. (lt)
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Filing 33
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #30 Application to Appear Pro Hac Vice by Attorney Adam S. Tyler on behalf of Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody and for Pacific West Capital Group, Inc., designating Adam Siegler as local counsel. (lt)
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Filing 32
NOTICE OF MOTION AND MOTION to CORRECT Objection/Opposition (Motion related),,,,,, #28 Document 28.4 BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, Pacific West Capital Group, Inc.. (Attachments: #1 Exhibit, #2 Proof of Service, #3 Proposed Order)(Lewis, Jason)
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Filing 31
APPLICATION for attorney Christopher M. LaVigne to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15691962 paid.) filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice - Christopher LaVigne)(Lewis, Jason)
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Filing 30
APPLICATION for attorney Adam S. Tyler to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15691925 paid.) filed by Defendant BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody. (Attachments: #1 Proposed Order Proposed Order On Application of Non-Resident Attorney to Appear in a Specifice Case Pro Hac Vice - (Adam Tyler))(Lewis, Jason)
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Filing 29
PROOF OF SERVICE filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, re Objection/Opposition (Motion related),,,,,, #28 Defendants Proof of Service Regarding Documents Filed In Opposition To Motion For Preliminary Injunction served on 05/07/2015. (Lewis, Jason)
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Filing 28
Opposition Opposition re: MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 filed by Defendants Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody. (Attachments: #1 Declaration of Jason Lewis in Support of Defendants' Opposition to Motion for Preliminary Injunction, #2 Declaration of Andrew B. Calhoun IV in Support of Defendants' Opposition to Motion for Preliminary Injunction, #3 Declaration of Chelsea Olson in Support of Defendants' Opposition to Motion for Preliminary Injunction, #4 Exhibit 1-19 to Chelsea Olson Declaration in Support of Defendants' Opposition to Motion for Preliminary Injunction, #5 Declaration of William Potoczak in Support of Defendants' Opposition to Motion for Preliminary Injunction, #6 Declaration of Eric Cannon in Support of Defendants' Opposition to Motion for Preliminary Injunction, #7 Declaration of Michael Dotta in Support of Defendants' Opposition to Motion for Preliminary Injunction, #8 Declaration of Brenda Barry in Support of Defendants' Opposition to Motion for Preliminary Injunction, #9 Declaration of Andrew Calhoun Jr in Support of Defendants' Opposition to Motion for Preliminary Injunction, #10 Declaration Compendium of Investor Declaration in Support of Defendants' Opposition to Motion for Preliminary Injunction, #11 Proposed Order Denying Motion for Preliminary Injunction)(Lewis, Jason) (Attachment 4 replaced on 5/12/2015) (vdr).
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Filing 27
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Caleb Austin Moody waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 26
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Michael Wayne Dotta waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 25
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Century Point, LLC waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 24
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Eric Christopher Cannon waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 23
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Andrew B Calhoun, Jr waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 22
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon BAK West, Inc. waiver sent by Plaintiff on 4/10/2015, answer due 6/9/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 21
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Brenda Christine Barry waiver sent by Plaintiff on 4/10/2015, answer due 6/9/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 20
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Andrew B Calhoun, IV waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 19
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission. upon Pacific West Capital Group, Inc. waiver sent by Plaintiff on 4/9/2015, answer due 6/8/2015. Waiver of Service signed by Jason S. Lewis. (Bulgozdy, John)
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Filing 18
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #17 Application to Appear Pro Hac Vice by Attorney Jason S. Lewis on behalf of Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody and for Pacific West Capital Group, Inc., designating Adam Siegler as local counsel. (lt)
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Filing 17
APPLICATION for attorney Jason S. Lewis to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15646915 paid.) filed by Defendants Pacific West Capital Group, Inc.. (Attachments: #1 Proposed Order Proposed Order ISO Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice)(Siegler, Adam)
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Filing 16
NOTICE OF SERVICE filed by Plaintiff Securities and Exchange Commission, of Judge Olguin's Initial Standing Order served on 04/28/15. (Bulgozdy, John)
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Filing 15
WAIVER OF SERVICE Returned Executed filed by Plaintiff Securities and Exchange Commission Securities and Exchange Commission. upon PWCG Trust waiver sent by Plaintiff on 4/8/2015, answer due 6/7/2015. Waiver of Service signed by James K. Roosa. (Bulgozdy, John)
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Filing 14
ORDER by Judge Fernando M. Olguin GRANTING Ex Parte Application to Continue #11 . The hearings on Plaintiff's Application for a Preliminary Injunction #6 is continued to 5/28/2015 at 10:00 AM. (jp)
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Filing 13
NOTICE OF NON-OPPOSITION to EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from 05/21/2015 to 05/28/2015 Re: MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 EX PARTE APPLICATION for Preliminary Injunction re Relief . Ex Parte Application #11 filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 12
SUPPLEMENT to EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from 05/21/2015 to 05/28/2015 Re: MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 EX PARTE APPLICATION for Preliminary Injunction re Relief . Ex Parte Application #11 filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. (Siegler, Adam)
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Filing 11
EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from 05/21/2015 to 05/28/2015 Re: MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 , EX PARTE APPLICATION for Preliminary Injunction re Relief . Ex Parte Application filed by Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc.. (Attachments: #1 Declaration Lewis Declaration in Support of Es Parte Application to Continue Preliminary Injunction Hearing, #2 Proposed Order Proposed Order Granting Ex Parte Application to Continue Preliminary Injunction Hearing)(Attorney Adam Siegler added to party BAK West, Inc.(pty:dft), Attorney Adam Siegler added to party Brenda Christine Barry(pty:dft), Attorney Adam Siegler added to party Andrew B Calhoun, IV(pty:dft), Attorney Adam Siegler added to party Andrew B Calhoun, Jr(pty:dft), Attorney Adam Siegler added to party Eric Christopher Cannon(pty:dft), Attorney Adam Siegler added to party Century Point, LLC(pty:dft), Attorney Adam Siegler added to party Michael Wayne Dotta(pty:dft), Attorney Adam Siegler added to party Caleb Austin Moody(pty:dft), Attorney Adam Siegler added to party Pacific West Capital Group, Inc.(pty:dft))(Siegler, Adam)
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Filing 10
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. All pleadings filed in this matter should contain the case number and the assigned judges' initials to ensure proper routing of documents. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. Judge Olguin is a participant of the Central District of California's pilot project for submission and e-filing of under seal documents. Please refer to the judges' procedures and schedules page on the court's website for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
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Filing 9
DECLARATION of Ira Belsky in Support of MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Index to Belsky Declaration, #2 Exhibit 1 to Belsky Declaration, #3 Exhibit 2 to Belsky Declaration, #4 Exhibit 3 to Belsky Declaration, #5 Exhibit 4 to Belsky Declaration, #6 Exhibit 5 to Belsky Declaration, #7 Exhibit 6 to Belsky Declaration, #8 Exhibit 7 to Belsky Declaration, #9 Exhibit 8 to Belsky Declaration)(Bulgozdy, John)
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Filing 8
DECLARATION of Dora M. Zaldivar in Support of MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Index to Zaldivar Declaration, #2 Exhibit 1 to Zaldivar Declaration, #3 Exhibit 2 to Zaldivar Declaration, #4 Exhibit 3 to Zaldivar Declaration, #5 Exhibit 4 to Zaldivar Declaration)(Bulgozdy, John)
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Filing 7
DECLARATION of Todd Brilliant in Support of MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion #6 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Index to Brilliant Declaration, #2 Exhibit 1 to Brilliant Declaration, #3 Exhibit 2 to Brilliant Declaration, #4 Exhibit 3 to Brilliant Declaration, #5 Exhibit 4 to Brilliant Declaration (Part 1), #6 Exhibit 4 to Brilliant Declaration (Part 2), #7 Exhibit 4 to Brilliant Declaration (Part 3), #8 Exhibit 4 to Brilliant Declaration (Part 4), #9 Exhibit 4 to Brilliant Declaration (Part 5), #10 Exhibit 4 to Brilliant Declaration (Part 6), #11 Exhibit 4 to Brilliant Declaration (Part 7), #12 Exhibit 4 to Brilliant Declaration (Part 8), #13 Exhibit 5 to Brilliant Declaration, #14 Exhibit 6 to Brilliant Declaration, #15 Exhibit 7 to Brilliant Declaration, #16 Exhibit 8 to Brilliant Declaration, #17 Exhibit 9 to Brilliant Declaration, #18 Exhibit 10 to Brilliant Declaration, #19 Exhibit 11 to Brilliant Declaration, #20 Exhibit 12 to Brilliant Declaration, #21 Exhibit 13 to Brilliant Declaration, #22 Exhibit 14 to Brilliant Declaration, #23 Exhibit 15 to Brilliant Declaration, #24 Exhibit 16 to Brilliant Declaration, #25 Exhibit 17 to Brilliant Declaration, #26 Exhibit 18 to Brilliant Declaration, #27 Exhibit 19 to Brilliant Declaration, #28 Exhibit 20 to Brilliant Declaration, #29 Exhibit 21 to Brilliant Declaration, #30 Exhibit 22 to Brilliant Declaration, #31 Exhibit 23 to Brilliant Declaration, #32 Exhibit 24 to Brilliant Declaration, #33 Exhibit 25 to Brilliant Declaration, #34 Exhibit 26 to Brilliant Declaration, #35 Exhibit 27 to Brilliant Declaration, #36 Exhibit 28 to Brilliant Declaration, #37 Exhibit 29 to Brilliant Declaration, #38 Exhibit 30 to Brilliant Declaration, #39 Exhibit 31 to Brilliant Declaration, #40 Exhibit 32 to Brilliant Declaration, #41 Exhibit 33 to Brilliant Declaration, #42 Exhibit 34 to Brilliant Declaration, #43 Exhibit 35 to Brilliant Declaration, #44 Exhibit 36 to Brilliant Declaration (Part 1), #45 Exhibit 36 to Brilliant Declaration (Part 2), #46 Exhibit 36 to Brilliant Declaration (Part 3), #47 Exhibit 37 to Brilliant Declaration, #48 Exhibit 38 to Brilliant Declaration, #49 Exhibit 39 to Brilliant Declaration (Part 1), #50 Exhibit 39 to Brilliant Declaration (Part 2), #51 Exhibit 39 to Brilliant Declaration (Part 3), #52 Exhibit 39 to Brilliant Declaration (Part 4), #53 Exhibit 39 to Brilliant Declaration (Part 5), #54 Exhibit 39 to Brilliant Declaration (Part 6), #55 Exhibit 39 to Brilliant Declaration (Part 7), #56 Exhibit 40 to Brilliant Declaration, #57 Exhibit 41 to Brilliant Declaration, #58 Exhibit 42 to Brilliant Declaration, #59 Exhibit 43 to Brilliant Declaration, #60 Exhibit 44 to Brilliant Declaration, #61 Exhibit 45 to Brilliant Declaration, #62 Exhibit 46 to Brilliant Declaration, #63 Exhibit 47 to Brilliant Declaration, #64 Exhibit 48 to Brilliant Declaration, #65 Exhibit 49 to Brilliant Declaration, #66 Exhibit 50 to Brilliant Declaration, #67 Exhibit 51 to Brilliant Declaration, #68 Exhibit 52 to Brilliant Declaration, #69 Exhibit 53 to Brilliant Declaration, #70 Exhibit 54 to Brilliant Declaration, #71 Exhibit 55 to Brilliant Declaration, #72 Exhibit 56 to Brilliant Declaration, #73 Exhibit 57 to Brilliant Declaration, #74 Exhibit 58 to Brilliant Declaration, #75 Exhibit 59 to Brilliant Declaration, #76 Exhibit 60 to Brilliant Declaration, #77 Exhibit 61 to Brilliant Declaration, #78 Exhibit 62 to Brilliant Declaration, #79 Exhibit 63 to Brilliant Declaration, #80 Exhibit 64 to Brilliant Declaration, #81 Exhibit 65 to Brilliant Declaration, #82 Exhibit 66 to Brilliant Declaration, #83 Exhibit 67 to Brilliant Declaration, #84 Exhibit 68 to Brilliant Declaration, #85 Exhibit 69 to Brilliant Declaration, #86 Exhibit 70 to Brilliant Declaration, #87 Exhibit 71 to Brilliant Declaration, #88 Exhibit 72 to Brilliant Declaration, #89 Exhibit 73 to Brilliant Declaration, #90 Exhibit 74 to Brilliant Declaration, #91 Exhibit 75 to Brilliant Declaration, #92 Exhibit 76 to Brilliant Declaration, #93 Exhibit 77 to Brilliant Declaration, #94 Exhibit 78 to Brilliant Declaration, #95 Exhibit 79 to Brilliant Declaration, #96 Exhibit 80 to Brilliant Declaration, #97 Exhibit 81 to Brilliant Declaration, #98 Exhibit 82 to Brilliant Declaration, #99 Exhibit 83 to Brilliant Declaration, #100 Exhibit 84 to Brilliant Declaration, #101 Exhibit 85 to Brilliant Declaration, #102 Exhibit 86 to Brilliant Declaration, #103 Exhibit 87 to Brilliant Declaration (Part 1), #104 Exhibit 87 to Brilliant Declaration (Part 2), #105 Exhibit 88 to Brilliant Declaration, #106 Exhibit 89 to Brilliant Declaration, #107 Exhibit 90 to Brilliant Declaration, #108 Exhibit 91 to Brilliant Declaration, #109 Exhibit 92 to Brilliant Declaration, #110 Exhibit 93 to Brilliant Declaration, #111 Exhibit 94 to Brilliant Declaration (Part 1), #112 Exhibit 94 to Brilliant Declaration (Part 2), #113 Exhibit 94 to Brilliant Declaration (Part 3), #114 Exhibit 94 to Brilliant Declaration (Part 4), #115 Exhibit 94 to Brilliant Declaration (Part 5), #116 Exhibit 94 to Brilliant Declaration (Part 6), #117 Exhibit 94 to Brilliant Declaration (Part 7), #118 Exhibit 95 to Brilliant Declaration, #119 Exhibit 96 to Brilliant Declaration, #120 Exhibit 97 to Brilliant Declaration, #121 Exhibit 98 to Brilliant Declaration, #122 Exhibit 99 to Brilliant Declaration, #123 Exhibit 100 to Brilliant Declaration, #124 Exhibit 101 to Brilliant Declaration, #125 Exhibit 102 to Brilliant Declaration, #126 Exhibit 103 to Brilliant Declaration)(Bulgozdy, John)
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Filing 6
NOTICE OF MOTION AND MOTION for Preliminary Injunction against Defendants Pacific West Capital Group, Inc., Andrew B Calhoun IV and PWCG Trust. Motion filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 5/21/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Francis Enderle, #3 Declaration of Ryan Young, #4 [Proposed] Preliminary Injunction)(Bulgozdy, John)
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Filing 5
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants BAK West, Inc., Brenda Christine Barry, Andrew B Calhoun, IV, Andrew B Calhoun, Jr, Eric Christopher Cannon, Century Point, LLC, Michael Wayne Dotta, Caleb Austin Moody, PWCG Trust, Pacific West Capital Group, Inc. (et)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Frederick F. Mumm. (et)
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Securities and Exchange Commission. (Bulgozdy, John)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Securities and Exchange Commission. (Bulgozdy, John)
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Filing 1
COMPLAINT No Fee Required - US Government, filed by Plaintiff Securities and Exchange Commission. (Attorney John B Bulgozdy added to party Securities and Exchange Commission(pty:pla))(Bulgozdy, John)
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