American Industries, Inc. v. Fog Cutter Capital Group, Inc. et al
| American Industries, Inc. |
| Andrew A. Wiederhorn, Fog Cutter Capital Group, Inc., Fog Cap Development LLC and Fog Cap Accceptance Inc. |
| Fatburger North America, Inc. |
| 2:2015cv07420 |
| September 22, 2015 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Gail J Standish |
| Other Statutory Actions |
| None |
Docket Report
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Filing 183
ORDER ON STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO RULES 41(a)(1)(A)(ii) and 41(a)(1)(B) by Judge Philip S. Gutierrez: Pursuant to Rules 41(a)(1)(A)(ii) and 41(a)(1)(B) of the Federal Rules of Civil Procedure, all parties who have appeared in this action i.e., Plaintiff and Judgment Creditor American Industries, Inc. ("American Industries") and Defendants and Judgment Debtors Fog Cutter Capital Group, Inc., Fog Cap Development, LLC, Fog Cap Acceptance Inc., Andrew A. Wiederhorn (the "Judgment Debtors") by and through their undersigned counsel, hereby stipulate to American Industries' voluntary dismissal with prejudice of this action against the Judgment Debtors, each party to bear its own fees and costs. This dismissal shall render moot all motions and other issues before the Court in this action, including any judgment debtor examinations currently set on the Court's calendar, the Court's March 14, 2018 order to show cause (Dkt. No. #141 ), and Judgment Debtors' August 15, 2018 motion (Dkt. No. #175 ). (ab)
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| Filing 182 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) and 41(a)(1)(B) filed by Plaintiff American Industries, Inc..(Gamliel, Amir) |
| Filing 181 SATISFACTION OF JUDGMENT entered In favor of American Industries, Inc. Against Fog Cap Accceptance Inc., In favor of American Industries, Inc. Against Fog Cap Development LLC, In favor of American Industries, Inc. Against Andrew A. Wiederhorn, In favor of American Industries, Inc. Against Fog Cutter Capital Group, Inc. filed by Plaintiff American Industries, Inc.. (Gamliel, Amir) |
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Filing 180
ORDER GRANTING CONTINUANCE OF HEARING ON JUDGMENT DEBTORS' MOTION FOR AN ORDER COMPELLING JUDGMENT CREDITOR by Judge Philip S. Gutierrez, re Stipulation to Continue #179 : IT IS HEREBY ORDERED that the hearing on Judgment Debtors' Motion is continued to October 1, 2018. Judgment Creditor's opposition to the Motion is due on September 10, 2018, and Judgment Debtors' reply, if any, is due on September 17, 2018. (bm)
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| Filing 179 STIPULATION to Continue HEARING ON JUDGMENT DEBTORS MOTION FOR AN ORDER COMPELLING JUDGMENT CREDITOR TO: (1) FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT [CCP 724.050(d)] AND (2) PAY JUDGMENT DEBTORS $100 AND REIMBURSE THEM FOR THEIR REASONABLE ATTORNEYS FEES BY REASON OF JUDGMENT CREDITORS FAILURE TO FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT [CCP 724.050(e), 724.080] from 9/24/2018 to 10/1/2018 Re: NOTICE OF MOTION AND MOTION for Order for COMPELLING JUDGMENT CREDITOR TO (1) FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; (2) PAY JUDGMENT DEBTORS $100 AND REIMBURSE THEM FOR THEIR REASONABLE ATTORNEYS' FEES #175 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
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Filing 178
ORDER by Magistrate Judge Gail J. Standish: granting #177 Request to Reschedule Judgment Debtor Examination. Judgment Debtor Examination of Tiffany Wiederhorn is rescheduled from 8/29/2018 to 10/24/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (ec)
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| Filing 177 REQUEST to Reschedule Appearance and Examination re Enforcement of Judgment of Tiffany Wiederhorn filed by Plaintiff American Industries, Inc.. Request set for hearing on 10/24/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Proposed Order) (Gamliel, Amir) |
| Filing 176 DECLARATION of Donald A. Miller In Support Of NOTICE OF MOTION AND MOTION for Order for COMPELLING JUDGMENT CREDITOR TO (1) FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; (2) PAY JUDGMENT DEBTORS $100 AND REIMBURSE THEM FOR THEIR REASONABLE ATTORNEYS' FEES #175 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Exhibit A-D)(Miller, Donald) |
| Filing 175 NOTICE OF MOTION AND MOTION for Order for COMPELLING JUDGMENT CREDITOR TO (1) FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; (2) PAY JUDGMENT DEBTORS $100 AND REIMBURSE THEM FOR THEIR REASONABLE ATTORNEYS' FEES filed by Judgment Debtors Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Motion set for hearing on 9/24/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Miller, Donald) |
| Filing 174 Notice of Withdrawal of Declaration (Motion related), #173 , Motion for Order, #172 filed by Judgment Debtors Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Miller, Donald) |
| Filing 173 WITHDRAWN PURSUANT TO NOTICE E-FILED ON 8/6/18, DOCUMENT #174 . DECLARATION of Donald A. Miller In Support Of NOTICE OF MOTION AND MOTION for Order for COMPELLING JUDGMENT CREDITOR TO (1) FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; (2) PAY JUDGMENT DEBTORS $100 AND REIMBURSE THEM FOR THEIR REASONABLE ATTORNEYS' FEES #172 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Exhibit A-D)(Miller, Donald) Modified on 8/7/2018 (bm). |
| Filing 172 WITHDRAWN PURSUANT TO NOTICE E-FILED ON 8/6/18, DOCUMENT #174 . NOTICE OF MOTION AND MOTION for Order for COMPELLING JUDGMENT CREDITOR TO (1) FILE AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT; (2) PAY JUDGMENT DEBTORS $100 AND REIMBURSE THEM FOR THEIR REASONABLE ATTORNEYS' FEES filed by Judgment Debtors Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Motion set for hearing on 9/17/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Miller, Donald) Modified on 8/7/2018 (bm). |
| Filing 171 REPLY filed by Plaintiff American Industries, Inc. to Response, #157 Reply in support of Response to the Court's OSC re Contempt and Sanctions (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit 1-9)(Gamliel, Amir) |
| Filing 170 MINUTES (IN CHAMBERS) The Court GRANTS Judgment Creditors Ex Parte Application by Judge Philip S. Gutierrez: Judgment Creditor's application is hereby GRANTED, and it is ordered to file its reply no later than July 23, 2018. IT IS SO ORDERED. (See minutes for further details) (yl) |
| Filing 169 EX PARTE APPLICATION for Leave to file a Reply to Judgment Debtors' Response to the Court's OSC re Contempt and Sanctions; Memorandum of Points and Authorities in Support Thereof; Declaration of Max Rothman filed by Plaintiff and Judgment Creditor American Industries, Inc.. (Attachments: #1 Proposed Order) (Attorney Max Loren Rothman added to party American Industries, Inc.(pty:pla)) (Rothman, Max) |
| Filing 168 MEMORANDUM of Points and Authorities in Opposition filed by Judgment Debtors Fatburger North America, Inc., Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Re: Order on Motion for Order,,,,,,,,,,,,, #141 (Attachments: #1 Declaration Andrew A. Wiederhorn, #2 Declaration Donald A. Miller, #3 Exhibit A to Miller Declaration)(Miller, Donald) |
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Filing 167
ORDER by Magistrate Judge Gail J. Standish: granting #166 Request to Reschedule Judgment Debtor Examination. Judgment Debtor Examination of Tiffany Wiederhorn is continued from 6/20/18 to 8/29/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (ec)
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| Filing 166 REQUEST to Reschedule Appearance and Examination Re Enforcement of Judgment of Tiffany Weiderhorn filed by Plaintiff and Judgment Creditor American Industries, Inc.. Request set for hearing on 8/22/2018 at 10:30 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Proposed Order) (Gamliel, Amir) |
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Filing 165
ORDER re Stipulation to Reschedule Judgment Debtor Exam of Andrew Wiederhorn #163 by Magistrate Judge Gail J. Standish. Mr. Wiederhorn's continued examination is rescheduled from June 13, 2018 to September 12, 2018, at 10:30 a.m. before Magistrate Judge Gail J. Standish. (ec)
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Filing 164
ORDER GRANTING CONTINUANCE OF JUDGMENT DEBTORS' BRIEFING SCHEDULE ON COURT'S ORDER TO SHOW CAUSE by Judge Philip S. Gutierrez, re Stipulation to Reschedule, #163 : The Court having read and considered the parties' Stipulation re: Continuance of Judgment Debtors' Briefing Schedule on Court's Order to Show Cause, and for good cause appearing therefore: IT IS HEREBY ORDERED that Judgment Debtors' response to the OSC shall be due no later than June 29, 2018. (bm)
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| Filing 163 STIPULATION to Reschedule CONTINUED APPEARANCE AND EXAMINATION RE ENFORCEMENT OF JUDGMENT OF ANDREW WIEDERHORN filed by Judgment Debtors Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Proposed Order)(Miller, Donald) |
| Filing 162 STIPULATION for Extension of Time to File Continuance of Judgment Debtors' Briefing Schedule on Court's Order to Show Cause filed by Debtors Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Proposed Order)(Miller, Donald) |
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Filing 161
ORDER GRANTING CONTINUANCE OF JUDGMENT DEBTORS' BRIEFING SCHEDULE ON COURT'S ORDER TO SHOW CAUSE #160 by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED that Judgment Debtors' response to the OSC shall be due no later than May 30, 2018. (ab)
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| Filing 160 STIPULATION to Continue DEBTORS' BRIEFING SCHEDULE ON COURT'S ORDER TO SHOW CAUSE from May 2, 2018 to May 30, 2018 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Proposed Order)(Miller, Donald) |
| Filing 159 PROOF OF SERVICE filed by Maurice Wainer and Snipper, Wainer & Markoff on behalf of Defendants and Judgment Debtors Fatburger North America, Inc., Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn, re Order on Motion to Withdraw as Attorney,,, #158 PROOF OF PERSONAL SERVICE OF ORDER APPROVING MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR DEFENDANTS & JUDGMENT DEBTORS served on April 25, 2018. (Wainer, Maurice) |
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Filing 158
ORDER APPROVING MOTION ANDMOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR DEFENDANTS AND JUDGMENT DEBTORS by Judge Philip S. Gutierrez granting #144 MOTION to Withdraw as Attorney: Good cause appearing therefor, HEREBY ORDERS AS FOLLOWS: 1.That attorney Maurice Wainer and Snipper Wainer and Markoff, L.P.,and each of them, are relieved as attorneys of record for the Defendants and Judgment Debtors herein, FOG CUTTER CAPITALGROUP, INC., a Maryland corporation, FOG CAP DEVELOPMENT, LLC, an Oregon limited liability company, FOG CAP ACCEPTANCE INC., a Delaware corporation, and ANDREW A. WIEDERHORN, a California resident, and each of them ("Judgment Debtors"), pursuant to Local Rule 83-2.9.2.1; and 2. That Counsel shall forthwith cause Judgment Debtors to be personally served with a copy of this Order at their last known mailing address,and file a proof of service reflecting same with the Court. (bm)
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| Filing 157 RESPONSE filed by Plaintiff American Industries, Inc.to Order on Motion for Order,,,,,,,,,,,,, #141 Memorandum of Points and Authorities in Response to the Court's OSC re Contempt and Sanctions (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, Part 1 of 2, #6 Exhibit 4, Part 2 of 2, #7 Exhibit 5)(Gamliel, Amir) |
| Filing 156 DECLARATION of Andrew A. Wiederhorn in Non-Opposition to NOTICE OF MOTION AND MOTION of Maurice Wainer to Withdraw as Attorney #144 filed by Interested Party Fatburger North America, Inc., Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Wainer, Maurice) |
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Filing 155
ORDER by Magistrate Judge Gail J. Standish: granting #154 Request to Reschedule Judgment Debtor Examination of Tiffany Wiedorhorn. Judgment Debtor Examination is continued from 4/25/2018 to 6/20/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (ec)
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| Filing 154 REQUEST to Reschedule Appearance and Examination re Enforcement of Judgment of Tiffany Wiederhorn filed by Plaintiff and Judgment Creditor American Industries, Inc.. Request set for hearing on 6/20/2018 at 10:30 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Proposed Order) (Gamliel, Amir) |
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Filing 153
ORDER by Magistrate Judge Gail J. Standish re Stipulation to Reschedule Judgment Debtor Examination 152. The continued judgment debtor examination of Andrew Wierderhorn is continued from 4/18/2018 to 6/13/2018. (ec) (ec)
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| Filing 152 STIPULATION to Reschedule The Continued Appearance and Examination re Enforcement of Judgment of Andrew Wiederhorn filed by Judgment Creditor American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
| Filing 151 OPPOSITION to NOTICE OF MOTION AND MOTION of Maurice Wainer to Withdraw as Attorney #144 filed by Plaintiff American Industries, Inc.. (Gamliel, Amir) |
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Filing 150
ORDER by Judge Philip S. Gutierrez, re Stipulation to Continue, #147 ,It is hereby ORDERED that Judgment Creditor's response to the OSC shall be due no later than April 18, 2018 and the Judgment Debtor's response shall be due no later than May 2, 2018. (pj)
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Filing 149
MINUTES (In Chambers): The Court DENIES the Motion for Review of Magistrate Judge's Order #139 by Judge Philip S. Gutierrez. Accordingly, Defendant's motion for review of the Magistrate Judge's Order is DENIED. IT IS SO ORDERED. (lom)
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| Filing 148 REPLY in Support of NOTICE OF MOTION AND MOTION for Review of AND OBJECTIONS, IN PART, TO MAGISTRATE JUDGE STANDISH'S FEBRUARY 28, 2018 DISCOVERY ORDER AND REQUEST FOR STAY, IN PART re Minutes of In Chambers Order/Directive - no proceeding held #134 #139 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Miller, Donald) |
| Filing 147 STIPULATION to Continue Briefing Schedule on Court's Order to Show Cause from April 4, 2018 and April 18, 2018 to April 18, 2018 and May 2, 2018 Re: Order on Motion for Order,,,,,,,,,,,,, #141 filed by Plaintiff and Judgment Creditor American Industries, Inc.. (Attachments: #1 Proposed Order Granting Continuance of Briefing Schedule on Court's Order to Show Cause)(Gamliel, Amir) |
| Filing 146 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION of Maurice Wainer to Withdraw as Attorney #144 : The Court acknowledges the Notice to Filer of Deficiencies #145 , but accepts the motion as filed. (cw) |
| Filing 145 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION of Maurice Wainer to Withdraw as Attorney #144 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Motion hearing date closed on 3/20/18, please check the Court's website for closed dates before e-filing motions.. 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. (ab) |
| Filing 144 NOTICE OF MOTION AND MOTION of Maurice Wainer to Withdraw as Attorney filed by Defendants and Judgment Debtors Fatburger North America, Inc., Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Motion set for hearing on 4/30/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Declaration Declaration of Maurice Wainer, #2 Proposed Order Proposed Order) (Wainer, Maurice) |
| Filing 143 DECLARATION of Amir Gamliel re Objection/Opposition (Motion related),, #142 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Gamliel, Amir) |
| Filing 142 Judgment Creditor's Opposition to Judgment Debtor Andrew Wiederhorn's Motion for Review of and Ojbections, in Part, to Magistrate Judge Standish's February 28, 2018 Discovery Order and Request for Stay, in Part Opposition re: NOTICE OF MOTION AND MOTION for Review of AND OBJECTIONS, IN PART, TO MAGISTRATE JUDGE STANDISH'S FEBRUARY 28, 2018 DISCOVERY ORDER AND REQUEST FOR STAY, IN PART re Minutes of In Chambers Order/Directive - no proceeding held #134 #139 filed by Plaintiff American Industries, Inc.. (Gamliel, Amir) |
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Filing 141
MINUTES (IN CHAMBERS)THE COURT GRANTS JUDGMENT CREDITOR'S MOTION TO MODIFY ASSIGNMENT ORDER by Judge Philip S. Gutierrez. Before the Court is Judgment Creditor American Industries, Inc.s (Judgment Creditor) motion to modify the Assignment Order and to hold debtors in civil contempt, see Dkt. # [113-1](Mot.). Judgement Debtors Fog Cutter Capital Group, Inc., et al (Judgment Debtors)opposed, see Dkt. #122 (Opp.), and Judgment Creditor replied, see Dkt. #122 (Reply). The Court held a hearing on this matter on March 12, 2018. Having considered the oral arguments and moving papers, the Court GRANTS Judgment Creditors motion to modify the Assignment Order. (SEE DOCUMENT FOR FURTHER DETAILS). The Court GRANTS Judgment Creditors motion or modification of the Assignment Order, and accordingly orders a modification as follows: a. Defendants and Judgment Debtors Fog Cutter Capital Group, Inc., a Marylandcorporation, Fog Cap Development, LLC, an Oregon limited liability company, Fog Cap Acceptance Inc., a Delaware corporation, and Andrew A. Wiederhorn, a California resident, (collectively, Judgment Debtors) shall each assign to Judgment Creditor all of Judgment Debtors interests in proceeds, receivables, royalties, franchise fees, earnings from stock issuance (preferred, common, or otherwise), loan repayments, or other monetary payment due or to become due from: (1) FAT Brands Inc. and FAT Brands LLC and any of their affiliates and subsidiaries, including, but not limited to, Buffalos Franchise Concepts, Inc., Homestyle Dinning LLC, Ponderosa Franchising Company, Bonanza Restaurant Company, Ponderosa International Development, Inc., Puerto Rico Ponderosa, Inc., and Hurricane AMT, LLC; and (2) TTMM, L.P. and any of its affiliates,subsidiaries, and partners, all to the extent necessary to pay in full the outstanding balance of the Judgement; b. Judgment Debtors, their representatives, employees, officers, directors, managers, advisors, consultants, attorneys, agents and other professionals, are restrained fromencumbering, assigning, disposing, or spending proceeds, receivables, royalties, franchise fees, earnings from stock issuance (preferred, common, or otherwise), loan repayments, or other monetary payment due or to become due from: (1) FAT Brands Inc. and FAT Brands LLC and any of their affiliates and subsidiaries, including, but not limited to, Buffalos Franchise Concepts, Inc., Homestyle Dinning LLC, Ponderosa Franchising Company, Bonanza Restaurant Company, Ponderosa International Development, Inc., Puerto Rico Ponderosa, Inc., and Hurricane AMT, LLC; and (2) TTMM, L.P. and any of its affiliates, subsidiaries, and partners, all to the extent necessary to pay in full the outstanding balance of the Judgment. The Court further issues an order to show cause (OSC) on the issue of contempt sanctions; Judgment Creditor is ordered to set forth the specific violations of the Assignment Order it alleges Judgment Debtors have committed; the legal basis for the contempt sanctions it seeks; and exactly what sanctions Judgment Creditor seeks. Judgment Creditor shall respond to the OSC no later than April 4, 2018. Judgment Debtors are ordered to file their response byApril 18, 2018. The Court will review the filings and set a hearing as necessary. IT IS SO ORDERED. (ab)
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| Filing 140 MINUTES OF PLAINTIFF'S MOTION TO 1) MODIFY THE ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS PURSUANT TO FED.R. CIV. P. 69(a)(1) AND CAL. CIV. PROC. CODE 708.520 AND 708.560; AND 2) HOLD JUDGMENT DEBTORS IN CIVIL CONTEMPTOF A COURT ORDER PURSUANT TO 18: 401(3) AND THE COURT'S INHERENT POWERSFILED 02-02-18 (DOC. #113 ) Hearing held before Judge Philip S. Gutierrez. Having considered all papers submitted in support of and in opposition to theMotion referenced above, and the oral argument presented today, the Court takes the motion Under Submission. A ruling will be issued after full consideration of the submitted pleadings. Court Reporter: Marea Woolrich. (ab) |
| Filing 139 NOTICE OF MOTION AND MOTION for Review of AND OBJECTIONS, IN PART, TO MAGISTRATE JUDGE STANDISH'S FEBRUARY 28, 2018 DISCOVERY ORDER AND REQUEST FOR STAY, IN PART re Minutes of In Chambers Order/Directive - no proceeding held #134 filed by Judgment Debtors Fatburger North America, Inc., Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Motion set for hearing on 4/16/2018 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Declaration Andrew Wiederhorn) (Attorney Donald A Miller added to party Fatburger North America, Inc.(pty:ip)) (Miller, Donald) |
| Filing 138 DECLARATION of Andrew A. Wiederhorn RE: COMPLIANCE WITH ORDER GRANTING MOTION TO COMPEL (Doc. 134) MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 filed by Defendant Andrew A. Wiederhorn. (Wainer, Maurice) |
| Filing 137 PROCESS RECEIPT AND RETURN (USM-285) returned executed, WOX, upon Mechanics Bank, Walnut Creek, CA 94596. on 2/6/18. Remarks: FWD to N/CA, Served on Nikki Nickerson-Mechanics Bank, 24.2 miles. Mailed 5 piecesx8=40.00. Served on 2/6/18, Mailed on 2/7/18. (bm) |
| Filing 136 PROCESS RECEIPT AND RETURN (USM-285) returned executed, WOX, upon Mechanics Bank, Walnut Creek, CA 94596, on 2/6/18. Remarks: FWD to N/CA, Served on Nikki Nickerson-Mechanics Bank, 24.2 miles. Mailed 5 piecesx8=40.00. Served on 2/6/18, Mailed on 2/7/18. (bm) |
| Filing 135 TRANSCRIPT ORDER as to Defendants Fatburger North America, Inc., Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn for Court Reporter. Court will contact Maurice Wainer at mrwainer@swmfirm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wainer, Maurice) |
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Filing 134
MINUTE ORDER IN CHAMBERS by Magistrate Judge Gail J. Standish granting Motion to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 . (See Order for full details) (ec)
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| Filing 131 NOTICE OF LODGING filed Proposed Order re MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 (Attachments: #1 Proposed Order)(Gamliel, Amir) |
| Filing 133 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/21/2018 re Transcript #132 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY |
| Filing 132 TRANSCRIPT for proceedings held on 2/21/2018. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/19/2018. Redacted Transcript Deadline set for 3/29/2018. Release of Transcript Restriction set for 5/29/2018. (at) |
| Filing 130 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: On the Court's own motion, PLAINTIFF'S MOTION #113 is set for hearing before the Honorable Philip s. Gutierrez on 03/12/2018 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 129 REPLY in support of NOTICE OF MOTION AND MOTION for Order for Motion to Modify the Assignment Order and Order Restraining Judgment Debtors #113 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Gamliel, Amir) |
| Filing 128 MINUTES OF Discovery Hearing held before Magistrate Judge Gail J. Standish: granting #104 Motion to Compel and transferring Motion to Modify #113 to District Judge. (See order for details) Court Recorder: CS - Roybal Courtroom 640. (ec) |
| Filing 127 TRANSCRIPT ORDER as to Plaintiff and Judgment Creditor American Industries, Inc. for Court Smart (CS). Court will contact Amir Gamliel at AGamliel@perkinscoie.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gamliel, Amir) |
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Filing 126
ORDER by Magistrate Judge Gail J. Standish: granting #125 Request To Reschedule Judgment Debtor Examination. The judgment debtor examination of Tiffany Wiederhorn is rescheduled from 2/28/2018 to 4/25/2018 at 10:30 a.m. (ec)
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| Filing 125 REQUEST TO RESCHEDULE APPEARANCE AND EXAMINATION RE ENFORCEMENT OF JUDGMENT filed by Plaintiff American Industries, Inc. (Attachments: #1 Proposed Order AMENDED ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT)(Gamliel, Amir) Modified on 2/20/2018 (ec). |
| Filing 124 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District 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 Judge Philip S. Gutierrez for all further proceedings. Case number will now read as 2:15-cv-07420-PSG-GJS. (vp) |
| Filing 123 SCHEDULING NOTICE by Magistrate Judge Gail J. Standish re: MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 . Hearing on Motion is rescheduled to 11:30 a.m. on 2/21/2018. PLEASE NOTE THIS CHANGE IS ONLY AS TO THE TIME OF THE HEARING. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ig) TEXT ONLY ENTRY |
| Filing 122 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for Motion to Modify the Assignment Order and Order Restraining Judgment Debtors #113 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Declaration Andrew Wiederhorn, #2 Declaration Donald A. Miller)(Miller, Donald) |
| Filing 121 REPLY In Support Of MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Declaration, #2 Exhibit "A", #3 Exhibit "B")(Gamliel, Amir) |
| Filing 120 PROCESS RECEIPT AND RETURN (USM-285) returned executed, WOX, upon Wells Fargo Bank, L.A., CA 90071, on 1/5/18. Remarks: Served on: 1/5/18, Mailed on 1/5/18. (bm) |
| Filing 119 PROCESS RECEIPT AND RETURN (USM-285) returned executed, WOX, upon US Bank, Los Angeles, CA 90071, on 1/5/18. Remarks: Served on: 1/5/18, Mailed on 1/5/18. (bm) |
| Filing 118 PROCESS RECEIPT AND RETURN (USM-285) returned executed, WOX, upon US Bank, Los Angeles, CA 90071, on 1/5/18. Remarks: Served on: 1/5/18, Mailed on 1/8/18. (bm) |
| Filing 117 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #89 , returned executed upon Fog Cap Development LLC on 1/5/2018 served personally and mailed to Wells Fargo Bank to levy on accounts of judgment debtor Fog Cap Development LLC. Remarks: Wells Fargo personally served by delivering a copy of Notice of Levy, writ of Execution and Memorandum of Garnishee by delivering to Jonathan Ambrose Supervisor. Notice of Levy of Writ of Execution and Proof of Service by Mail to Fog Cap Development LLC re Wells Fargo Bank. (shb) |
| Filing 116 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #89 , returned executed upon Andrew A. Wiederhorn on Served and mailed on 1/5/25018. Remarks: re Writ of Execution - levy on any and all accounts of Andrew A Wiederhorn from US Bank. Proof of Personal Service of US Bank re Andrew A Wiederhorn re Notice of Levy, Writ of Execution, Memorandum of Garnishee on 1/5/2018. Notice of Levy re Execution Money Judgment and Proof of Service by Mail re US Bank. (shb) |
| Filing 115 PROCESS RECEIPT AND RETURN (USM-285) of Writ of Execution - Issued #89 , returned executed upon Andrew A. Wiederhorn on 1/5/2018 -. Remarks: Proof of Service of Writ of Execution served upon Citibank on 1/5/2018 of Notice of Levy, Writ of Execution, Memorandum of Garnishee, by personally delivering copies to Cynthia Aragon, Personal Banker. and Notice of Levy under Writ of Execution upon Citibank re Judgment Debtor, Anderw A Wiederhorn to levy on any and all accounts at Citibank. Delivered and Mailed on 15/5/208. (shb) |
| Filing 114 DECLARATION of Amir Gamliel In Support of NOTICE OF MOTION AND MOTION for Order for Motion to Modify the Assignment Order and Order Restraining Judgment Debtors #113 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14)(Gamliel, Amir) |
| Filing 113 NOTICE OF MOTION AND MOTION for Order for Motion to Modify the Assignment Order and Order Restraining Judgment Debtors filed by Plaintiff American Industries, Inc.. Motion set for hearing on 3/7/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Memorandum, #2 Proposed Order) (Gamliel, Amir) |
| Filing 112 OPPOSITION in opposition to re: MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 Exhibit B-2 (Part 2 of 2) to Declaration of Andrew A. Wiederhorn in Opposition to Motion to (I) Compel Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination (Doc. 110) filed by Interested Party Fatburger North America, Inc., Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Wainer, Maurice) |
| Filing 111 OPPOSITION in opposition to re: MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 Exhibit B-2 (Part 1 of 2) to Declaration of Andrew A. Wiederhorn in Opposition to Motion to (I) Compel Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination (Doc. 110) filed by Interested Party Fatburger North America, Inc., Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Wainer, Maurice) |
| Filing 110 OPPOSITION in opposition to re: MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #104 Declaration of Andrew A. Wiederhorn in Opposition to Motion to (I) Compel Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination filed by Interested Party Fatburger North America, Inc., Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B-1, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Wainer, Maurice) |
| Filing 109 NOTICE of Change of address by Maurice Wainer attorney for Interested Party Fatburger North America, Inc., Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Changing attorneys address to 232 North Canon Drive, Beverly Hills, CA 90210-5302. Filed by Interested Party Fatburger North America, Inc., Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attorney Maurice Wainer added to party Fatburger North America, Inc.(pty:ip))(Wainer, Maurice) |
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Filing 108
ORDER by Magistrate Judge Gail J. Standish: granting #107 Application for Judgment Debtor Examination. The judgment debtor examination of Tiffany Wiederhorn is scheduled for 2/28/2018 at 10:00 AM before Magistrate Judge Standish. (ec)
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| Filing 107 Application for Appearance and Examination of Third Party re Enforcement of Judgment filed by Plaintiff American Industries, Inc. (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order)(Gamliel, Amir) Modified on 1/26/2018 (ec). |
| Filing 106 Notice of Withdrawal of Motion for Order,, #96 filed by Plaintiff and Judgment Creditor American Industries, Inc.. (Gamliel, Amir) |
| Filing 105 NOTICE by Magistrate Judge Gail J. Standish denying as moot Ex Parte Application to Extend Time to File Answer to 2/7/2018 #98 due to the filing of the Opposition #103 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
| Filing 104 NOTICE OF MOTION AND MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination filed by plaintiff and judgment creditor American Industries, Inc.. Motion set for hearing on 2/21/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Memorandum, #2 Declaration of Amir Gamliel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Proposed Order)(Gamliel, Amir) |
| Filing 103 Opposition in opposition re: NOTICE OF MOTION AND MOTION for Order for (1) Modify the Assignment Order and Order Restraining Judgment Debtors and (2) Hold Judgment Debtors in Civil Contempt of a Court Order #96 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Declaration Andrew A. Wiederhorn, #2 Declaration Donald A. Miller)(Miller, Donald) |
| Filing 102 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #100 by Magistrate Judge Gail J. Standish. The document is stricken. Counsel shall refile the motion setting forth a hearing date on a Wednesday, at 10:00 a.m. and setting it before Magistrate Judge Gail J. Standish. (ec) |
| Filing 101 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination #100 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Counsel must set motion for a hearing date pursuant to Local Rule 37. 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. (ec) |
| Filing 100 (STRICKEN) NOTICE OF MOTION AND MOTION to Compel (I) Production of Documents and Further Testimony; and (II) Schedule Continued Judgment Debtor's Examination filed by plaintiff American Industries, Inc.. (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order)(Gamliel, Amir) Modified on 1/17/2018 (ec). |
| Filing 99 OPPOSITION to EX PARTE APPLICATION to Extend Time to File Answer to 2/7/2018 #98 and Declaration of Amir Gamliel in Support Thereof filed by Plaintiff American Industries, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gamliel, Amir) |
| Filing 98 EX PARTE APPLICATION to Extend Time to File Answer to 2/7/2018 filed by Judgment Debtors Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attachments: #1 Proposed Order) (Miller, Donald) |
| Filing 97 Notice of Appearance or Withdrawal of Counsel: for attorney Donald A Miller counsel for Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Adding Donald A. Miller as counsel of record for Fog Cutter Capital Group, Inc., Fog Cap Development, LLC, Fog Cap Acceptance Inc., and Andrew A. Wiederhorn for the reason indicated in the G-123 Notice. Filed by Judgment Debtors Fog Cutter Capital Group, Inc., Fog Cap Development, LLC, Fog Cap Acceptance Inc., and Andrew A. Wiederhorn. (Attorney Donald A Miller added to party Fog Cap Accceptance Inc.(pty:dft), Attorney Donald A Miller added to party Fog Cap Development LLC(pty:dft), Attorney Donald A Miller added to party Fog Cutter Capital Group, Inc.(pty:dft), Attorney Donald A Miller added to party Andrew A. Wiederhorn(pty:dft))(Miller, Donald) |
| Filing 96 NOTICE OF MOTION AND MOTION for Order for (1) Modify the Assignment Order and Order Restraining Judgment Debtors and (2) Hold Judgment Debtors in Civil Contempt of a Court Order filed by Plaintiff and Judgment Creditor American Industries, Inc.. Motion set for hearing on 2/7/2018 at 10:00 AM before Magistrate Judge Gail J. Standish. (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, part 1 of 2, #5 Exhibit 3, part 2 of 2, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Proposed Order) (Gamliel, Amir) |
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Filing 95
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Order for (1) Modify the Assignment Order and Order Restraining Judgment Debtors and (2) Hold Judgment Debtors in Civil Contempt of a Court Order #93 by Magistrate Judge Gail J. Standish. The document is stricken. Counsel shall refile the motion setting forth a hearing date on a Wednesday, at 10:00 a.m. and setting it before Magistrate Judge Gail J. Standish. (ec)
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| Filing 94 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Order for (1) Modify the Assignment Order and Order Restraining Judgment Debtors and (2) Hold Judgment Debtors in Civil Contempt of a Court Order #93 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Counsel must set motion for a hearing date pursuant to Local Rule 37. 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. (ec) |
| Filing 93 (STRICKEN) NOTICE OF MOTION AND MOTION for Order for (1) Modify the Assignment Order and Order Restraining Judgment Debtors and (2) Hold Judgment Debtors in Civil Contempt of a Court Order filed by Plaintiff and Judgment Creditor American Industries, Inc.. (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, part 1 of 2, #5 Exhibit 3, part 2 of 2, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Proposed Order) (Gamliel, Amir) Modified on 1/9/2018 (ec). |
| Filing 92 MINUTES OF Judgment Debtor Exam of Andrew Wiederhorn held before Magistrate Judge Gail J. Standish. After a short period of examination, the Court was reconvened to attempt to resolve certain discovery disputes. The judgment debtor examination was eventually discontinued, but was not concluded. The Court noted on the record that the debtor's counsel was being obstreperous and appeared to be attempting to interfere with and obstruct the examination. The Court then advised the parties that they may file motions for relief related to the disputes addressed with the Court today. Court Recorder: CS - Courtroom 640. (ec) |
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Filing 91
ORDER by Magistrate Judge Gail J. Standish: granting #90 Request to Appoint Process Server to Serve Writ of Execution. (ec)
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| Filing 90 REQUEST to Withdraw , REQUEST to Appoint Expert /Process Server to Serve Writ of Execution filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order) (Gamliel, Amir) |
| Filing 89 Writ of Execution issued against Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn re: Affidavit and Request for Issuance of Writ of Execution #82 . (shb) |
| Filing 88 ABSTRACT of Judgment issued in favor of Plaintiff American Industries, Inc. and against Andrew A. Wiederhorn in the principal amount of $1,065,303.00, interest in the amount of $133,917.40, attorneys fees of $0.00, costs of $0.00. RE: Certification of Registration of Foreign Judgment (within U.S) #1 (shb) |
| Filing 87 SERVICE UNDER FRCP 5(b)(2)(D) filed by Plaintiff American Industries, Inc., re Order,, Set/Reset Hearing, #85 served on 10/10/2017. (Gamliel, Amir) |
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Filing 85
ORDER by Magistrate Judge Gail J. Standish re Stipulation for Scheduling Judgment Debtor Examination #84 . The Judgment Debtor Exam of Andrew Wiedrhorn is set for 12/13/2017 10:00 AM before Magistrate Judge Gail J. Standish, located at the United States Courthouse, Roybal Building, 255 E. Temple Street, Los Angeles, CA 90012, Courtroom 640, 6th Floor. (ec)
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| Filing 84 STIPULATION for Order to Appear for Examination re Enforcement of Judgment filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
| Filing 86 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Abstract of Judgment issued, #83 . The Abstract of Judgment document numnber 83 was filed in error, because cost and attorney fees are not listed in the order. (shb) |
| Filing 83 ABSTRACT of Judgment issued in favor of Plaintiff American Industries, Inc. and against Andrew A. Wiederhorn in the principal amount of $1,065,303.00, interest in the amount of $133,917.40, attorneys fees of $11,521.08, costs of $79,151.30. RE: MISC - Registration of Judgment from Another District (AO-451), #2 , Certification of Registration of Foreign Judgment (within U.S) #1 (shb) |
| Filing 82 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff American Industries, Inc.. (Attachments: #1 Writ of Execution)(Gamliel, Amir) |
| Filing 81 TEXT ONLY ENTRY: NOTICE TO PARTIES: Effective June 1, 2017, Judge Standish is located at the Edward R. Roybal Federal Building, COURTROOM 640 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 640 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. 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 the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 80 NOTICE by Magistrate Judge Gail J. Standish taking off calendar the judgment debtor examination of Andrew Wiedherhorn presently scheduled for June 7, 2017 due to the Court's unavailability and counsel inability to served Mr. Wiedherhorn. The judgment debtor examination may be rescheduled for a later date if necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY |
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Filing 79
ORDER RE APPLICATION TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Gail J. Standish. The judgment debtor examination of Andrew Wiederhorn is continued from 3/29/2017 to 6/7/2017 at 10:00 AM before Magistrate Judge Gail J. Standish. (ec)
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| Filing 78 Request to Reschedule Appearance and Examination re Enforcement of Judgment filed by Plaintiff American Industries, Inc. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
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Filing 77
ORDER by Judge Virginia A. Phillips: Granting #75 Non-Resident Attorney Stephen F. English APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff American Industries, Inc., designating Amir Gamliel as local counsel. (bm)
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| Filing 76 Notice of Appearance or Withdrawal of Counsel: for attorney Tony Tootell counsel for Interested Party Fatburger North America, Inc.. Tony Tootell will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Tony Tootell is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Specially Appearing Third Party Fatburger North America, Inc.. (Tootell, Tony) |
| Filing 75 APPLICATION of Non-Resident Attorney Stephen F. English to Appear Pro Hac Vice on behalf of Plaintiff American Industries, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19465843) filed by Plaintiff American Industries, Inc.. (Attachmen ts: #1 Proposed Order) (Gamliel, Amir) |
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Filing 74
ORDER by Judge Virginia A. Phillips: Denying #72 Non-Resident Attorney Stephen F. English APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff American Industries, Inc.. IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, be refunded. Terming Attorney Stephen F English. (bm)
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| Filing 73 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Stephen F. English to Appear Pro Hac Vice on behalf of Plaintiff American Industries, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19403672) #72 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) |
| Filing 72 APPLICATION of Non-Resident Attorney Stephen F. English to Appear Pro Hac Vice on behalf of Plaintiff American Industries, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19403672) filed by Plaintiff American Industries, Inc.. (Attachmen ts: #1 Proposed Order) (Gamliel, Amir) |
| Filing 68 NOTICE OF CLAIM OF EXEMPTION filed by defendant Andrew A. Wiederhorn. (bm) |
| Filing 67 PROCESS RECEIPT AND RETURN (USM-285) returned executed, Claim of Exemption, upon Perkins Coie LLP Attn: Amir Gamliel, on 12/6/16. Remarks: mailed on 12/6/16. (bm) |
| Filing 71 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Fatburger North America, Inc. on 10/14/16. Remarks: 9/23/16 fwd and mailed to E/SA 097 Servied on: 10-14-16, mailed on: 10-14-16. (bm) |
| Filing 70 PROCESS RECEIPT AND RETURN (USM-285) returned executed, Levy, upon Fatburger North America, Inc. on 10/14/16. Remarks: 9/23/16 fwd and mailed to 097. Seved on: 10-14-16, Mailed on: 10-14-16. (bm) |
| Filing 69 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Fatburger North America, Inc. on 10/14/16. Remarks: 9/23/16 fwd and mailed to 097. Served on: 10-14-16, mailed on: 10-14-16. (bm) |
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Filing 66
ORDER by Magistrate Judge Gail J. Standish: granting #65 Request To Reschedule Judgment Debtor Exam. The judgment debtor examination of Andrew Wiederhorn is rescheduled from 2/22/2017 to 3/29/2017 10:00 AM before Magistrate Judge Gail J. Standish. (ec)
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| Filing 65 Request to Reschedule Appearance and Examination re Enforcement of Judgment filed by Plaintiff American Industries, Inc. re: Order on Application for Order #64 (Attachments: #1 Proposed Amended Order)(Gamliel, Amir) Modified on 12/7/2016 (ec). |
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Filing 64
ORDER by Magistrate Judge Gail J. Standish: granting #63 Application for Judgment Debtor Examination. The Judgment Debtor Examination of Andrew Wiederhorn is scheduled for 2/22/2017 10:00 AM before Magistrate Judge Gail J. Standish. (ec)
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| Filing 63 Application for Appearance and Examination re Enforcement of Judgment filed by Plaintiff American Industries, Inc. (Attachments: #1 Proposed Order)(Gamliel, Amir) Modified on 12/6/2016 (ec). |
| Filing 62 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to Application for Appearance and Examination re Enforcement of Judgment filed on 11/08/2016. Case referred to Magistrate Judge Gail J. Standish for any matters referred by the District Judge. Case number will now read 2:15-cv-07420 GHK(GJSx). (rn) |
| Filing 61 Application for Appearance and Examination re Enforcement of Judgment filed by Plaintiff American Industries, Inc. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
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Filing 60
MINUTES (IN CHAMBERS) ORDER by Judge George H. King #55 DENYING Ex Parte Application to Modify the Assignment Order and Hold Defendants in Civil Contempt. Plaintiff's request for a modified Assignment Order directing all franchisees to assign royalty and advertising fees directly to Plaintiff is DENIED. Plaintiff's request for a civil contempt order is DENIED. Refer to the Court's order for details. (pso)
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| Filing 59 OBJECTION OPPOSITION re: EX PARTE APPLICATION for Contempt against Defendants of a Court Order Pursuant to California Code of Civil Procedure Sections 708.520(d) and 1209; and to Modify the Assignment Order and Order Restraining Judgment Debtors Pursuant to Cal. Code Civ.P. #55 Defendants Evidentiary Objections to the Declaration of Amir Gamliel dated August 5, 2016 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Wainer, Maurice) |
| Filing 58 OPPOSITION Defendants Opposition; Memorandum of Points and Authorities and Declaration of Maurice Wainer re: EX PARTE APPLICATION for Contempt against Defendants of a Court Order Pursuant to California Code of Civil Procedure Sections 708.520(d) and 1209; and to Modify the Assignment Order and Order Restraining Judgment Debtors Pursuant to Cal. Code Civ.P. #55 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Wainer, Maurice) |
| Filing 57 OPPOSITION to EX PARTE APPLICATION for Contempt against Defendants of a Court Order Pursuant to California Code of Civil Procedure Sections 708.520(d) and 1209; and to Modify the Assignment Order and Order Restraining Judgment Debtors Pursuant to Cal. Code Civ.P. #55 filed by Interested Party Fatburger North America, Inc.. (Attachments: #1 Declaration of Ron Roe in Support)(Tootell, Tony) |
| Filing 56 Notice of Appearance or Withdrawal of Counsel: for attorney Tony Tootell counsel for Interested Party Fatburger North America, Inc.. Adding Tony Tootell as counsel of record for Fatburger North America, Inc. for the reason indicated in the G-123 Notice. Filed by Specially Appearing Third Party Fatburger North America, Inc.. (Attorney Tony Tootell added to party Fatburger North America, Inc.(pty:ip))(Tootell, Tony) |
| Filing 55 EX PARTE APPLICATION for Contempt against Defendants of a Court Order Pursuant to California Code of Civil Procedure Sections 708.520(d) and 1209; and to Modify the Assignment Order and Order Restraining Judgment Debtors Pursuant to Cal. Code Civ.P. 708.560; Memorandum of Points and Authorities in Support filed by Plaintiff American Industries, Inc.. (Attachments: #1 Declaration of Amir Gamliel in Support, #2 Exhibits A-F, Part 1, #3 Exhibits A-F, Part 2, #4 Exhibits A-F, Part 3, #5 Exhibits A-F, Part 4, #6 Exhibits A-F, Part 5, #7 Exhibits A-F, Part 6, #8 Proposed Order) (Gamliel, Amir) |
| Filing 54 PROCESS RECEIPT AND RETURN (USM-285) re Writ of Execution on accounts of judgment debtor Fog Cap Development LLC; served at Wells Fargo Bank. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) |
| Filing 53 PROCESS RECEIPT AND RETURN (USM-285) re Writ of Execution on accounts of judgment debtor Fog Cap Development LLC; served at Chase Bank. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) |
| Filing 52 PROCESS RECEIPT AND RETURN (USM-285) re Writ of Execution on accounts of judgment debtor Fog Cap Development LLC; served at Bank of America. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) |
| Filing 51 PROCESS RECEIPT AND RETURN (USM-285) re Writ of Execution returned executed upon Fog Cutter Capital Group, Inc.; served at Wells Fargo Bank on 6/28/16. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) Modified on 7/12/2016 (lom). |
| Filing 50 PROCESS RECEIPT AND RETURN (USM-285) re levy on accounts of judgment debtor Fog Cutter Capital Group, Inc., a Maryland corporation served at Chase Bank. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) |
| Filing 49 PROCESS RECEIPT AND RETURN (USM-285) re levy on accounts of judgment debtor Fog Cutter Capital Group, Inc., a Maryland corporation served at Bank of America. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) |
| Filing 48 PROCESS RECEIPT AND RETURN (USM-285) re levy on accounts of Andrew A. Wiederhorn on 6/28/16 , served at Wells Fargo Bank. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) Modified on 7/12/2016 (lom). |
| Filing 47 PROCESS RECEIPT AND RETURN (USM-285) re levy on accounts of Andrew A. Wiederhorn on 6/28/16 , served at Chase Bank. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.) (lom) Modified on 7/12/2016 (lom). |
| Filing 46 PROCESS RECEIPT AND RETURN (USM-285) re levy returned executed upon Andrew A. Wiederhorn; served at Bank of America on 6/28/16. Remarks: mailed and served on 6/28/16. (See attached Proof of Services.)(lom) Modified on 7/12/2016 (lom). |
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Filing 45
MINUTES (IN CHAMBERS) re: Motion for Assignment Order and Order Restraining Judgment Debtor [Dkt. No. 21] by Judge George H. King granting #21 MOTION: For the foregoing reasons, we hereby GRANT the Motion. Defendants Fog Cutter Capital Group, Inc., Fog Cap Development, LLC, Fog Cap Acceptance, Inc., and Andrew A. Wiederhorn, shall each assign to Plaintiff American Industries, Inc., his or its interest in proceeds, receivables, royalties, franchise fees, or other monetary payments due or to become due from Fatburger Holdings, Inc., or any of its subsidiaries, to the extent necessary to pay in full the outstanding balance of the Judgment entered against Defendants and in favor of Plaintiff by the United States District Court for the District of Oregon and registered here for enforcement pursuant to 28 U.S.C. 1963. Fatburger Holdings, Inc. and any of its subsidiaries shall pay to Plaintiff any and all proceeds, receivables, royalties, franchise fees, or other monetary payments due or to become due to each Defendant, to be applied to the Judgment herein until such Judgment is fully satisfied or this Order is amended. Defendants are hereby enjoined from assigning or otherwise disposing of their right to any such payment from Fatburger Holdings, Inc. or any of its subsidiaries that would otherwise interfere with, or be inconsistent with, this assignment Order. (bm)
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Filing 44
ORDER GRANTING REQUEST FOR APPOINTMENT OF PROCESS SERVER TO SERVE WRIT OF EXECUTION by Judge George H. King granting #38 REQUEST: The Court, having reviewed Plaintiff's Request for Appointment of Process Server to Serve Writ of Execution, and good cause appearing therefore, HEREBY ORDERS as follows: 1. Any writ of execution issued by the Clerk for the United States District Court, Central District of California, in the above-referenced case, Case No. CV, may be served by a licensed and duly registered private process server (Jonathan Ellis, registered L.A. County no. 6316, or any other duly registered private process server of First Legal Support, Inc.), in lieu of the United States Marshals Service; and 2. The United States Marshals Service shall remain the levying officer. (bm)
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| Filing 43 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #41 RE: Memorandum #37 , Request #38 by Clerk of Court. The document is accepted as filed. Other: Notice of lodging done by parties on 6/20/16 document no. 42. (bm) |
| Filing 42 NOTICE OF LODGING filed re REQUEST to Appoint Expert /Process Server to Serve Writ of Execution #38 (Attachments: #1 Proposed Order)(Gamliel, Amir) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum #37 , Request #38 . The following error(s) was found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s) are specified below: Memorandum was submitted on a state court form #37 . Request lacks proposed order #38 . A stand-alone proposed order can be e-filed by submitting a Notice of Lodging with the separate, additional attachment of the proposed order. 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. (bm) |
| Filing 40 WRIT of Execution issued as to judgment creditors Fog Cutter Capital Group, Inc., Fog Cap Development LLC, Maurice Wainer, Esq., Andrew A. Wiederhorn, and Fog Cutter Acceptance Inc. (bm) |
| Filing 39 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution filed by plaintiff American Industries, Inc. (bm) |
| Filing 38 REQUEST to Appoint Expert /Process Server to Serve Writ of Execution filed by Plaintiff American Industries, Inc.. (Gamliel, Amir) |
| Filing 37 Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest filed by Plaintiff American Industries, Inc. (Gamliel, Amir) |
| Filing 36 DECLARATION of John Dempsey in Support of NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 filed by Plaintiff American Industries, Inc.. (Gamliel, Amir) |
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Filing 35
MINUTE ORDER IN CHAMBERS re: Declaration of Andrew A. Wiederhorn Re: Status of Refinancing Efforts of Defendants and Judgment Debtors [Dkt. No. 34] by Judge George H. King: Although we ordinarily do not allow a party opposing a motion to file a response to the reply, see L.R. 7-10, we will consider the Wiederhorn Declaration and, in the interest of justice, will allow Plaintiff to file a response to Defendant's request for a 120-day stay of the Courts decision on the pending Motion. Plaintiff's response to the Wiederhorn Declaration shall be limited to five pages in length and shall be filed within fourteen days of entry of this Order. (see document for further details) (bm)
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| Filing 34 AFFIDAVIT re NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 Declaration Re: Status of Refinancing Efforts of Defendants and Judgment Debtors filed by Defendant Andrew A. Wiederhorn (Wainer, Maurice) |
| Filing 33 REPLY in Support NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 filed by Plaintiff American Industries, Inc.. (Gamliel, Amir) |
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Filing 32
ORDER ON THIRD STIPULATION TO EXTEND DEADLINE FOR PLAINTIFF TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTOR by Judge George H. King, re Stipulation for Extension of Time to File Response/Reply #31 : IT IS HEREBY ORDERED that Plaintiff's deadline to file and serve a Reply in support of the Motion, if necessary, shall be extended to April 20, 2016. Plaintiff's deadline to file a Notice of Withdrawal of its Motion, if appropriate, shall be extended to April 13, 2016. (bm)
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| Filing 31 Third STIPULATION for Extension of Time to File Reply Brief as to NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 , Proof of Service (subsequent documents), #22 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
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Filing 30
ORDER by Judge George H. King, re Stipulation for Extension of Time to File a Reply in Support of the Motion #29 . IT IS HEREBY ORDERED that Plaintiffs deadline to file and serve a Reply in support of the Motion, if necessary, shall be extended to March 18, 2016. Plaintiffs deadline to file a Notice of Withdrawal of its Motion, if appropriate, shall be extended to March 14, 2016. (shb)
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| Filing 29 STIPULATION for Extension of Time to File Reply Brief in Support of Motion for Assignment Order and Order Restraining Judgment filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
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Filing 28
ORDER ON STIPULATION TO EXTEND DEADLINE FOR PLAINTIFF TO FILE REPLY BRIEF IN SUPPORT OF ITS MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTOR by Judge George H. King, re Stipulation for Extension of Time to File #27 : IT IS HEREBY ORDERED that Plaintiff's deadline to file and serve a Reply in support of its Motion, if necessary, shall be extended to February 12, 2016. Plaintiff's deadline to file a Notice of Withdrawal of its Motion, if appropriate, shall be extended to February 8, 2016. (bm)
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| Filing 27 STIPULATION for Extension of Time to File Reply Brief by Plaintiff in Support of its Motion for Assignment Order and Order Restraining Judgment Debtor, STIPULATION for Extension of Time to File Reply as to NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
| Filing 26 Defendants Further Opposition to Plaintiffs Motion for Assignment Order and Order Restraining Judgment Debtors; Memorandum of Points and Authorities; Declaration of Andrew A. Wiederhorn FURTHER OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. (Attorney Maurice Wainer added to party Fog Cap Accceptance Inc.(pty:dft), Attorney Maurice Wainer added to party Fog Cap Development LLC(pty:dft), Attorney Maurice Wainer added to party Andrew A. Wiederhorn(pty:dft))(Wainer, Maurice) |
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Filing 25
MINUTE ORDER IN CHAMBERS re: Motion for Assignment Order and Order Restraining Judgment Debtors [Dkt. No. 21] by Judge George H. King: In the interest of justice and without deciding whether service was legally insufficient here, we grant Defendants' alternative request for an additional thirty days to file a supplemental Opposition to the Motion. There are no facts before the Court to demonstrate that Plaintiff will suffer any undue burden or prejudice as a result of granting Defendants this extension. For the foregoing reasons, Defendants shall file their supplemental Opposition no later than January 22, 2016. Plaintiff shall file its Reply thereto no later than February 1, 2016. We will then take this matter under submission. We vacate the hearing currently set on January 11, 2016 at 9:30 a.m. (see document for further details) (bm)
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| Filing 24 STIPULATION to Continue Hearing and Briefing Schedule on Plaintiff's Motion for Assignment Order and Order Restraining Judgment Debtor from January 11, 2016 to February 1, 2016 Re: NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order)(Gamliel, Amir) |
| Filing 23 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Fog Cap Accceptance Inc., Fog Cap Development LLC, Fog Cutter Capital Group, Inc., Andrew A. Wiederhorn. Defendants' Opposition to Plaintiff's Motion for Assignment Order and Order Restraining Judgment Debtors; Memorandum of Points and Authorities and Declaration of Andrew A. Wiederhorn in Support Thereof Re: NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 , Proof of Service (subsequent documents), #22 (Wainer, Maurice) |
| Filing 22 PROOF OF SERVICE filed by Plaintiff American Industries, Inc., re NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors #21 served on Motion for Assignment Order; Declaration, and [Proposed] Order. (Gamliel, Amir) |
| Filing 21 NOTICE OF MOTION AND MOTION for Order for Assignment and Order Restraining Judgment Debtors filed by Plaintiff American Industries, Inc.. Motion set for hearing on 1/11/2015 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration of Amir Gamliel, #2 Exhibit A, #3 Proposed Order) (Gamliel, Amir) |
| Filing 20 PROOF OF SERVICE filed by plaintiff American Industries, Inc., of Notice of Levy; Writ of Execution; Claim of Exemption; Financial Statement; Current Dollar Amounts of Exemptions from Enforcement of Judgments; Exemptions from Enforcement of Judgment; Re: California Republic Bank, upon Fog Cutter Capital Group, Inc., Fog Cap Development LLC, Andrew A. Wiederhorn, Fog Cap Acceptance Inc., by mailing, re USM-285 Service of non-complaint documents - Executed #18 served on 10/5/15. (bm) |
| Filing 19 PROOF OF SERVICE filed by plaintiff American Industries, Inc., Notice of Levy, Writ of Execution, Memorandum of Garnishee, on California Republic Bank, upon Lisa Meagher-Senior Compliance Analyst, re USM-285 Service of non-complaint documents - Executed #18 served on 10/5/15. (bm) |
| Filing 18 PROCESS RECEIPT AND RETURN (USM-285) returned executed, WOX, Levy, Upon California Republic Bank, on 10/5/15. Remarks: Mailed On: 10/05/15, Served On: 10/05/15. (bm) |
| Filing 17 PROOF OF SERVICE filed by plaintiff Fog Cutter Capital Group, Inc., Notice of Levy, Writ of Execution, Re: U.S. Bank by Mail, upon Fog Cutter Capital Group, Inc., Fog Cap Development LLC, Fog Cap Accceptance Inc., Andrew A. Wiederhorn, re USM-285 Service of non-complaint documents - Executed #16 served on 10/5/15. (bm) |
| Filing 16 PROCESS RECEIPT AND RETURN (USM-285) returned executed, Levy, upon U.S. Bank, on 10/5/15. Remarks: Mailed On 10/05/15, Served On: 10/05/15. (bm) |
| Filing 15 PROOF OF SERVICE filed by Judgment Creditor served on Fog Cutter Capital Group, Fog Cap Development LLC agent for service of process, Warren Christiansen (SEE DOCUMENT FOR FURTHER DETAILS), mailed on 10/5/15. (ab) |
| Filing 14 PROOF OF SERVICE filed by Judgment Creditor serving U.S. Bank on 10/5/15 by serving Herman Ramirez-Teller. (ab) |
| Filing 13 PROOF PERSONAL SERVICE OF SERVICE filed by Judgment Creditor on U.S. Bank on 10/5/15 by serving Herman Ramirez-Teller. (ab) |
| Filing 12 PROCESS RECEIPT AND RETURN (USM-285) served on U.S. Bank by serving Amir Gamliel (see document for further details) mailed on 10/5/15 and served on 10/5/15. (ab) |
| Filing 11 WRIT of Execution issued against Fog Cutter Capital Group, Inc., a Maryland corporation; Fog Cap Development, an Oregon limited liability company, Fog Cap Acceptance Inc., a Delaware corporation; Andrew A. Wiederhorn, a California resident. (lom) |
| Filing 10 AFFIDAVIT AND REQUEST FOR ISSUANCE OF WRIT OF EXECUTION by Amir Gamliel re Certification of Registration of Foreign Judgment #1 filed by Plaintiff American Industries, Inc. (lom) |
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Filing 9
ORDER GRANTING REQUEST FOR APPOINTMENT OF PROCESS SERVER TO SERVE WRIT OF EXECUTION #6 by Judge George H. King. The Court, HEREBY ORDERS as follows: 1. Any writ of execution issued by the Clerk for the United States District Court, Central District of California, in the above-referenced case, Case No. CV, may be served by a licensed and duly registered private process server (Jonathan Ellis, registered L.A. County #6316, or any other duly registered private process server of First Legal Support, Inc.), in lieu of the United States Marshals Service; 2. The United States Marshals Service shall remain the levying officer. and: granting #6 REQUEST to Appoint Expert (lom)
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| Filing 8 NOTICE of Judge Assignment by Clerk. This action has been randomly reassigned to Judge George H King for all further proceedings. New case number is 2:15-cv-07420-GHK. (et) |
| Filing 7 NOTICE OF DEFICIENCY WRIT OF EXECUTION re: REQUEST for Writ of of Execution #5 . The document is being returned to you for correction of: Entered date listed on the writ does not match the entered date of the judgment/order. Entered in this court on 7/7/15. Please return this form with the corrected document when returned to the clerk's office for filing. The pending REQUEST for Writ of of Execution #5 and associated hearing date have been terminated. (lom) |
| Filing 6 REQUEST to Appoint Expert Request for Appointment of Process Server to Serve Writ of Execution filed by Plaintiff American Industries, Inc.. (Attachments: #1 Proposed Order) (Gamliel, Amir) |
| Filing 5 REQUEST for Writ of of Execution filed by Plaintiff American Industries, Inc.. (Attachments: #1 Writ of Execution) (Gamliel, Amir) |
| Filing 4 PROOF OF SERVICE filed by Plaintiff American Industries, Inc., re MISC - Registration of Judgment from Another District (AO-451), #2 served on July 20, 2015. (Gamliel, Amir) |
| Filing 3 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: MISC - Registration of Judgment from Another District (AO-451), #2 . The following error(s) was found: Incorrect event selected. The correct event to be used is Proof of Service (Subsequent documents)-under category-Service of Subsequent Document Filings. Other error(s) with document(s): MISC-Registration of Judgment from Another District (AO-451) event utilized in docketing this filing. (et) |
| Filing 2 REGISTRATION OF JUDGMENT FROM ANOTHER DISTRICT Receipt No: 0973-16182411 - Fee: $46, filed by Plaintiff American Industries, Inc.. (Attachments: #1 Exhibit A - Clerk's Certification of Judgment and Amended Stipulated Judgment, #2 Proofs of Service) (Attorney Amir Gamliel added to party American Industries, Inc.(pty:pla))(Gamliel, Amir) |
| Filing 1 CERTIFICATION OF JUDGMENT received from District of Oregon, case number 3:12-cv-522-HU entered in the sending district on 5/14/15. Entered in this district on 7/7/15., filed by plaintiff American Industries, Inc. (esa) |
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