The Armand Hammer Foundation, Inc. v. Hammer International Foundation
| The Armand Hammer Foundation, Inc. |
| Hammer International Foundation |
| Attorney Gary Salomons and Bush Ross, P.A. |
| 2:2023cv01215 |
| February 17, 2023 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Steve Kim |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 107 NOTICE OF MOTION AND MOTION to Compel RESPONSES TO PLAINTIFFS SUBPOENA TO RANDALL BARTON filed by plaintiff The Armand Hammer Foundation, Inc.. Motion set for hearing on 12/13/2023 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Joint Stipulation, #2 Exhibit A - Declaration of S. Wade Malone, #3 Exhibit B - Declaration of Randall K. Barton)(Cosgrove, Ryan) |
Filing 106
(IN CHAMBERS) ORDER STRIKING DISCOVERY MOTION FOR NON-COMPLIANCE by Magistrate Judge Steve Kim. Plaintiff's Motion to Compel Responses to Plaintiff's Subpoena to Randall Barton (ECF #105 ) is STRICKEN due to the lack of the required certification according to the Courts Modified and Supplemental Requirements for Pre-Filing Conference of Counsel under Local Rule 37-1. In any event, the parties are ordered to refer to the Courts Procedures and Schedules webpage (http://www.cacd.uscourts.gov/honorable-steve-kim) and to re-engage in cooperative discovery efforts with all parties and nonparties according to the Courts standing discovery orders. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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| Filing 105 [STRICKEN - SEE ECF 106] NOTICE OF MOTION AND MOTION to Compel RESPONSES TO PLAINTIFFS SUBPOENA TO RANDALL BARTON filed by plaintiff The Armand Hammer Foundation, Inc.. Motion set for hearing on 12/13/2023 at 10:00 AM before Magistrate Judge Steve Kim. (Attachments: #1 Joint Stipulation, #2 Exhibit A - Declaration of S. Wade Malone, #3 Exhibit B - Declaration of Randall K. Barton)(Cosgrove, Ryan) Modified on 11/3/2023 (clee). |
| Filing 104 OPPOSITION filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 103 DECLARATION of Meghan K. Woodsome re Contempt Order, #97 Identifying Reasonable Attorneys' Fees filed by Plaintiff The Armand Hammer Foundation, Inc.. (Woodsome, Meghan) |
| Filing 102 DECLARATION of S. Wade Malone re Contempt Order, #97 IDENTIFYING REASONABLE ATTORNEYS' FEES filed by Plaintiff The Armand Hammer Foundation, Inc.. (Cosgrove, Philip) |
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Filing 101
ORDER DENYING DEFENDANT'S MOTION TO STAY ENTIRE ACTION #78 by Judge Fernando L. Aenlle-Rocha. (lc)
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Filing 100
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha : Final Pretrial Conference set for 1/3/2025 01:00 PM ; Jury Trial set for 1/21/2025 08:30 AM; Motion in Limine set for hearing on 1/3/2025 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 99
ORDER/REFERRAL to ADR Procedure No 1 by Judge Fernando L. Aenlle-Rocha. Case ordered to Magistrate Judge Steve Kim for Settlement Conference. ADR Proceeding to be held no later than 11/29/2024. (tf)
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| Filing 98 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the September 22, 2023, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY |
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Filing 97
ORDER FINDING DEFENDANT HAMMER INTERNATIONAL FOUNDATION TO BE IN CONTEMPT #49 by Judge Fernando L. Aenlle-RochaL Plaintiff Armand Hammer Foundation, Inc.shall file a declaration within fourteen (14) days of this Order, identifying with specificity the attorneys fees and costs Plaintiff reasonably incurredas a result of HIFs April 17, 2023 e-mails to Morgan Stanley Smith Barney LLC regarding AHF Account 1317. HIF shall have seven (7) days to file a response to AHF's declaration. (lc)
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| Filing 96 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 days, filed by Plaintiff The Armand Hammer Foundation, Inc... (Attachments: #1 Exhibit A - AHF v. HIF - Schedule of Pretrial and Trial Dates Worksheet)(Cosgrove, Ryan) |
| Filing 95 NOTICE OF FILER'S ERROR: Due to clerical error Re: Objection #94 by non-party Bush Poss PA. Filer failed to add attorney of record to party. Clerk is authorized to correct filer's error and has added attorney O'Meara to this docket. (lc) |
| Filing 94 OBJECTIONS TO PLAINTIFF THE ARMAND HAMMER FOUNDATION, INC.S SUBPOENA DUCES TECUM filed by Miscellaneous Bush Ross, P.A.. (O'Meara, Frances) |
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Filing 93
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT HAMMER INTERNATIONAL FOUNDATION TO STAY CASE PENDING CAYMAN ACTION (DKT. #78 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Stay Case Pending Cayman Action currently scheduled for hearing on August 11, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 92
ORDER ON STIPULATION EXTENDING THE INCOMING LOAN AGREEMENT [LOAN No: L.2013.9 + L.2014.4.4 + L2020.4 + L.2022.2.15] BETWEEN SANTA BARBARA MUSEUM OF ART AND HAMMER INTERNATIONAL FOUNDATION #88 by Judge Fernando L. Aenlle-Rocha: 1. The term of the Incoming Loan Agreement shall be extended from August 31, 2023 to August 31, 2024. 2. SBMA may retain the Artworks described in the concurrently filed Stipulation pursuant to the terms of the Incoming Loan Agreement through the Termination Date absent further order of this Court. (lc)
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Filing 91
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 9/22/2023 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 90 ANSWER to Complaint (Attorney Civil Case Opening),,, #1 filed by Defendant Hammer International Foundation.(Katofsky, Jeff) |
| Filing 89 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Stay Case pending Cayman Action #78 filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 88 First STIPULATION for Order Extend Incoming Loan Agreement filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Proposed Order Extending Loan Agreement between Santa Barbara Museum of Art and HIF)(Woodsome, Meghan) |
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Filing 87
ORDER DENYING DEFENDANT HAMMER INTERNATIONAL FOUNDATIONS MOTION TO DISMISS FOR IMPROPER VENUE, OR IN THE ALTERNATIVE TO TRANSFER FOR IMPROPER VENUE, OR IN THE ALTERNATIVE TO TRANSFER FOR CONVENIENCE #53 by Judge Fernando L. Aenlle-Rocha: The Motion is DENIED. The court further DENIES the Stipulation #65 and ORDERS Defendant to file its Answer within seven days from the date of this Order. (lc)
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| Filing 86 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Cayman Action #78 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A - Declaration of S. Wade Malone)(Cosgrove, Ryan) |
| Filing 85 TRANSCRIPT ORDER as to Defendant Hammer International Foundation for Court Reporter. Court will contact Judy Groves at judy@katofskylaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Katofsky, Jeff) |
| Filing 84 MINUTES OF ORDER TO SHOW CAUSE WHY DEFENDANT HAMMER INTERNATIONAL FOUNDATION SHOULD NOT BE HELD IN CONTEMPT OF THE COURT'S MARCH 20, 2023 ORDER Hearing held before Judge Fernando L. Aenlle-Rocha: Following discussions with counsel, the matter stands submitted and written order to issue. Court Reporter: Katherine Stride. (lc) |
| Filing 83 TRANSCRIPT ORDER as to plaintiff The Armand Hammer Foundation, Inc. for Court Reporter. Court will contact Judy Carter at judy.carter@nelsonmullins.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Cosgrove, Ryan) |
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Filing 82
(IN CHAMBERS) ORDER CONTINUING ORDER TO SHOW CAUSE HEARING TIME by Judge Fernando L. Aenlle-Rocha. The TIME for the Order To Show Cause hearing is advanced from 1:30 p.m. to 9:00 a.m. on July 14, 2023, in courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 81 OBJECTIONS to Request for Judicial Notice, #76 filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
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Filing 80
(IN CHAMBERS) ORDER CONTINUING ORDER TO SHOW CAUSE HEARING (DKT. #49 ) by Judge Fernando L. Aenlle-Rocha: The court continues the Order to Show Cause hearing from June 30, 2023 to July 14, 2023, at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 79 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Cayman Action #78 filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 78 NOTICE OF MOTION AND MOTION to Stay Case pending Cayman Action filed by Defendant Hammer International Foundation. Motion set for hearing on 8/11/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum Points And Auth. ISO of Motion to Stay Entire Action, #2 Declaration Dec. of Michael Leff ISO Motion to Stay Entire Action) (Katofsky, Jeff) |
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Filing 77
ORDER GRANTING APPLICATION of Non-Resident Attorney Annefloor J. de Groot to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. designating Ryan E. Cosgrove as local counsel #75 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 76 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings #43 IN SUPPORT OF REQUEST FOR SANCTIONS #52 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A - Affidavit of Custodian Mike Goldstein - Bancorp, #2 Exhibit B - Affidavit of Custodian Ira Glasky - GF Capital, #3 Exhibit C - Email from GF Capital)(Cosgrove, Ryan) |
| Filing 75 APPLICATION of Non-Resident Attorney Annefloor J. de Groot to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 6/26/2023, Receipt No. ACACDC-35553845) filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Certificate of Good Standing, State Bar of Georgia, #2 Proposed Order) (Cosgrove, Ryan) |
| Filing 74 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Annefloor J. de Groot to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35553845) #71 by Judge Fernando L. Aenlle-Rocha. The document is stricken. (lc) |
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Filing 73
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT HAMMER INTERNATIONAL FOUNDATION TO TRANSFER CASE TO SOUTHERN DISTRICT OF FLORIDA (DKT. #53 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Transfer Case to Southern District of Florida currently scheduled for hearing on June 30, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 72 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Annefloor J. de Groot to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35553845) #71 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) |
| Filing 71 (STRICKEN PER 6/28/2023 COURT'S G112B RESPONSE DOCKET NO. 74). APPLICATION of Non-Resident Attorney Annefloor J. de Groot to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35553845) filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Certificate of Good Standing, State Bar of Georgia, #2 Proposed Order) (Cosgrove, Ryan) Modified on 6/28/2023 (lc). |
| Filing 70 Notice of Withdrawal of Motion for Entry of Default, #60 filed by plaintiff The Armand Hammer Foundation, Inc.. (Cosgrove, Ryan) |
| Filing 69 REQUEST FOR JUDICIAL NOTICE in Opp. to OSC[dkt49] and Req. for Sanctons [dkt.52] filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 68 REPLY support NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #53 filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 67 REPLY in support of ITS REQUEST FOR SANCTIONS #52 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A - Timeline Exhibit for Reply, #2 Exhibit B - Originating Summons dated for hearing May 16, 2023, #3 Exhibit C - Reporter's Transcript, #4 Exhibit D - Meeting Minutes, #5 Exhibit E - Letter from AHF Counsel re Minutes, #6 Exhibit F - Letter from Counsel for HIF re Loans, #7 Exhibit G - Commercial Loan Application, #8 Exhibit H - Email from Counsel for HIF to Loan Broker)(Cosgrove, Ryan) |
| Filing 66 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #53 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A - Declaration of Lucas A. Westby, #2 Exhibit B - Hammer fully signed loan agreement, #3 Exhibit C - Peremptory Challenge, #4 Exhibit D - Letter re Notification of Rectification Application, #5 Exhibit E - Declaration of Wayne B. Black)(Cosgrove, Ryan) |
| Filing 65 STIPULATION to Withdraw Motion NOTICE OF MOTION AND MOTION for Entry of Default against defendant Hammer International Foundation #60 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Proposed Order Lodge Answer and Withdraw Motion)(Woodsome, Meghan) |
| Filing 64 Opposition opposition re: NOTICE OF MOTION AND MOTION for Entry of Default against defendant Hammer International Foundation #60 filed by Defendant Hammer International Foundation. (Attachments: #1 Declaration Dec. of Jeff Katofsky in Opposition to Motion for Default)(Katofsky, Jeff) |
| Filing 63 REQUEST FOR JUDICIAL NOTICE in Opp. to OSC[dkt49] and Req. for Sanctons [dkt.52] filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 62 REQUEST FOR JUDICIAL NOTICE in Opposition to OSC[dkt49] and Req. for Sanctons [dkt.52] filed by Defendant Hammer International Foundation. (Katofsky, Jeff) |
| Filing 61 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Miscellaneous Document #57 , Miscellaneous Document #58 by Judge Fernando L. Aenlle-Rocha. The document is stricken. Incorrect event selected. Correct event to be used is: FOR JUDICIAL NOTICE. (lc) |
| Filing 60 NOTICE OF MOTION AND MOTION for Entry of Default against defendant Hammer International Foundation filed by plaintiff The Armand Hammer Foundation, Inc.. Motion set for hearing on 6/30/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Exhibit A - Declaration of S. Wade Malone) (Cosgrove, Ryan) |
| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document #57 , Miscellaneous Document #58 by defendant. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: FOR JUDICIAL NOTICE. Filer again used the wrong event "MISCELLANEOUS DOCUMENT" and texted over to read " Req.for Judicial Notice". Incorrect CM docketing procedures. Clerk advised filer of wrong event used and what the correct event was in original deficiency notice no. 36. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 58 Req. for Judicial Notice115 filed by Defendant Hammer International Foundation re: Order on Motion for Contempt,,, #49 , Memorandum in Support of Motion,, #52 (Katofsky, Jeff) |
| Filing 57 Req. for Judicial Notice114 filed by Defendant Hammer International Foundation re: Order on Motion for Contempt,,, #49 , Memorandum in Support of Motion,, #52 (Katofsky, Jeff) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Defendant's Miscellaneous Document #55 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: For Judicial Notice. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 55 Req. for Judicial Notice filed by Defendant Hammer International Foundation in Opposition to OSC re Contempt, Plf. Request for Sanctions re: Order on Motion for Contempt,,, #49 , Memorandum in Support of Motion,, #52 (Katofsky, Jeff) |
| Filing 54 RESPONSE filed by Defendant Hammer International Foundationto Memorandum in Support of Motion,, #52 , Order on Motion for Contempt,,, #49 (Attachments: #1 Declaration Katofsky Dec. in response to OSC re Contempt, #2 Exhibit Ex. 101 Vol. I Katofsky Dec, #3 Exhibit Ex. 101 Vol. II Katofsky Dec, #4 Exhibit Ex. 101 Vol. III - Ex. 107 Katofsky Dec., #5 Exhibit Ex. 108 Vol. I Katofsky Dec., #6 Exhibit Ex. 108 Vol. II Katofsky Dec., #7 Exhibit Ex. 108 Vol. III Katofsky Dec., #8 Exhibit Ex. 109 Katofsky Dec., #9 Declaration Kaplan Dec. + Ex. 110-111 rsp. to osc contempt, #10 Declaration Barton Dec. + Ex. 112 rsp to osc contempt, #11 Declaration Misty Hammer Dec. rsp to osc contempt, #12 Declaration Millward Dec. rsp to osc contempt)(Katofsky, Jeff) |
| Filing 53 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida filed by Defendant Hammer International Foundation. Motion set for hearing on 6/30/2023 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Katofsky, Jeff) |
| Filing 52 MEMORANDUM in Support of EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings #43 REVISED IN SUPPORT OF ITS REQUEST FOR SANCTIONS AGAINST DEFENDANT HAMMER INTERNATIONAL FOUNDATION AND ITS REPRESENTATIVES filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Cosgrove, Ryan) |
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Filing 51
ORDER DENYING DEFENDANT HAMMER INTERNATIONAL FOUNDATIONS MOTION TO DISMISS, OR IN THE ALTERNATIVE, STAY PROCEEDINGS #30 by Judge Fernando L. Aenlle-Rocha: Here, in light of AHFs dismissal of the Santa Barbara Action, there is no suchpending proceeding in state court. The court, therefore, declines to abstain from the exercise of its jurisdiction and DENIES HIFs Motion as moot. (lc)
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| Filing 50 NOTICE of Association of Counsel associating attorney Gary Salomons Esq. on behalf of Defendant Hammer International Foundation. Filed by Defendant Hammer International Foundation (Salomons, Gary) |
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Filing 49
ORDER GRANTING in Part and DENYING in Part Plaintiff The Armand Hammer Foundation, Inc.'s Ex Parte Application for Contempt and to Enjoin State Court Proceedings [DKT. #43 ] by Judge Fernando L. Aenlle-Rocha: The court further Orders Defendant to Show Cause why it should not be held in contempt of the court's March 20, 2023 Order, based on HIF's continued interference with AHF's access to its accounts with Morgan Stanley. The OSC shall be set for hearing on June 30, 2023, at 1:30 p.m. Plaintiff may file a revised memorandum in support of its request for sanctions on or before May 12, 2023. Defendants deadline to file an opposition shall be May 26, 2023. Plaintiff's deadline to file a reply shall be June 9, 2023. (jp)
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| Filing 48 REPLY in support of EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings #43 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Cosgrove, Ryan) |
| Filing 47 OPPOSITION to EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings #43 filed by Defendant Hammer International Foundation. (Attachments: #1 Declaration)(Salomons, Gary) |
| Filing 46 Notice of Dismissal Without Prejudice of State Court Action filed by plaintiff The Armand Hammer Foundation, Inc.. #30 (Attachments: #1 Exhibit A - State Court Dismissal)(Cosgrove, Ryan) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Plaintiff's EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings #43 and Errata #44 . The following error(s) was/were found: RE EX PARTE AND ERRATA: Incorrect initials of Judge and Magistrate both who No longer assigned to case as "JAK" and JC ". Case number should read correctly as : 2:23-cv-01215 FLA(SKx). RE PROPOSED ORDER... although case Number is correct but not in compliance with L.R. 58-10 which states at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order. 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. (lc) |
| Filing 44 NOTICE OF ERRATA filed by Plaintiff The Armand Hammer Foundation, Inc.. correcting EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings #43 (Cosgrove, Ryan) |
| Filing 43 EX PARTE APPLICATION for Contempt against Defendant Hammer International Foundation, and to Enjoin State Court Proceedings filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Proposed Order) (Cosgrove, Ryan) |
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Filing 42
(IN CHAMBERS) ORDER TAKING MOTION OF DEFENDANT HAMMER INTERNATIONAL FOUNDATION TO DISMISS, OR IN THE ALTERNATIVE TO STAY PROCEEDINGS (DKT. #30 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion to Dismiss, or in the Alternative to Stay Proceedings currently scheduled for hearing on April 21, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 41 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case #30 filed by Defendant Hammer International Foundation. (Attachments: #1 Affidavit)(Salomons, Gary) |
| Filing 40 MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: ORDER DENYING WITHOUT PREJUDICE DEFENDANT HAMMER INTERNATIONAL FOUNDATION'S EX PARTE APPLICATION #36 . On March 29, 2023, Defendant Hammer International Foundation filed an Ex Parte Application for Clarification of Temporary Restraining Order and Preliminary Injunction. Defendant does not meet its burden to demonstrate HIF will be irreparably harmed if its objection is heard according to regular noticed motion procedures. Furthermore, Defendant does not cite any legal authority for its authority to act or file applications on these non-parties behalf.The court, therefore, DENIES the Application without prejudice. (lc) |
| Filing 39 EX PARTE APPLICATION to Supplement Supp. Declaration to Ex Parte App for Clarification of TRO re Objection/Opposition (Motion related), #37 filed by Defendant Hammer International Foundation. (Salomons, Gary) |
| Filing 38 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #30 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Declaration MKW Decl iso Resp in Opp to HIF's Motion to Dismiss or Stay)(Cosgrove, Ryan) |
| Filing 37 Hammer International Foundation's Ex Parte Application for Clarification of Temporary Restraining Order and Preliminary Injunction Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to TRO and Prelim Injunction re real property for clarification of TRO #36 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A - Declaration of S. Wade Malone, #2 Exhibit B - Strickroth Declaration with Exhibits)(Cosgrove, Ryan) |
| Filing 36 EX PARTE APPLICATION for Temporary Restraining Order as to TRO and Prelim Injunction re real property for clarification of TRO filed by Defendant Hammer International Foundation. (Attachments: #1 Declaration of Katofsky in support of ex parte clarify TRO, #2 Declaration of Alfano in support of ex parte clarify TRO, #3 Declaration of Misty Hammer in support of ex parte clarify TRO, #4 Declaration of Salomons in support of ex parte clarify TRO) (Salomons, Gary) |
| Filing 35 TRANSCRIPT for proceedings held on 3/7/2023, 9:36 a.m. Court Reporter: Marea Woolrich, email: mareawoolrich@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/12/2023. Redacted Transcript Deadline set for 4/24/2023. Release of Transcript Restriction set for 6/20/2023. (mwo) |
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Filing 34
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER #10 by Judge Fernando L. Aenlle-Rocha: The court GRANTS in part Plaintiff's request for a preliminary injunction, and ENJOINS Defendant from transferring, moving, encumbering, or disposing of any asset or property that was actually or purportedly moved, sold, or transferred from AHF to HIF on or after January 1, 2022. The court further ENJOINS Defendant from interfering with Plaintiff's access to its financial accounts with Morgan Stanley, and ORDERS that Plaintiff shall have full access to such accounts to allow it to maintain its operations and pay its employees and contractors (including its attorneys). Plaintiff's request for an Order allowing it and its directors, counsel, and other authorized representatives to access and control assets that HIF contends were transferred from AHF to HIF, or for the return of the same, is DENIED. This Order shall remain in effect until this matter comes to trial or the courtorders otherwise. (lc)
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| Filing 33 NOTICE of Interested Parties filed by Defendant Hammer International Foundation Hammer International Foundation, (Salomons, Gary) |
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Filing 32
CORRECTED ORDER GRANTING IN PART PLAINTIFF' S EX PARTE APPLICATION FOR TEMPORARYRESTRAINING ORDER #10 by Judge Fernando L. Aenlle-Rocha : For the reasons stated herein, the court SETS this matter for hearing on Friday, March 3, 2023, at 1:30 p.m. Pacific Time ("PT") and TEMPORARILY RESTRAINS Defendant from transferring, moving, encumbering, or disposing of any assets or property that was actually or purportedly moved, sold, or transferred from AHF to HIF on or after January 1, 2022. This Order shall remain in effect until Monday, March 20, 2023, at 5:00 p.m. PT. (lc)
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| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case #30 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. The motion was ONLY filed by Hammer International Foundation. 1) Filer failed to add attorney of record to the Named defendant (Left Blank), but instead erroneously added attorney Gary Salomons as PARTY type as" Objector as represented by Specially Appearing Defendant Hammer Foundation International Hammer International Foundation, Jeff Call Katofsky". There is no formal filing by Gary Salomons as an Objector, nor does objector appear on the pdf document Motion to dismiss (Docket text links to defendant and objector. 2) Clerk has ONLY added Attorney Gary Salomons to the only named defendant so defendant is able to receive courts notice of electronic filings. 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. (lc) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Hammer International Gary Salomons. (Attachments: #1 Memorandum Points And Auth. In support of Motion to Dismiss, #2 Declaration Dec. of Gary Salomons ISO Motion to Dismiss, #3 Exhibit Req. for Judicial notice + ex. 1-4 ISO Motion to Dismiss, #4 Exhibit Req. for Judicial Notice + ex. 5-8 ISO Motion to Dismiss) (Katofsky, Jeff) |
| Filing 29 TRANSCRIPT ORDER as to atty for defendant Gary Salomons for Court Reporter. Court will contact Judith Groves at jgroves@propertymanagers.biz with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Katofsky, Jeff) |
| Filing 28 TRANSCRIPT ORDER as to plaintiff The Armand Hammer Foundation, Inc. for Court Reporter. Court will contact Judy Carter at judy.carter@nelsonmullins.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Cosgrove, Ryan) |
| Filing 27 MINUTES OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AGAINST DEFENDANT HAMMER INTERNATIONAL FOUNDATION #10 Hearing held before Judge Fernando L. Aenlle-Rocha:The hearing is held. The court invites the parties to argue. Following discussions with counsel, the matter stands submitted. Written order to issue. Court Reporter: Marea Woolrich. (lc) |
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Filing 26
ORDER GRANTING APPLICATION of Non-Resident Attorney Samuel Wade Malone to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. and designating Ryan E Cosgrove as local counsel #22 by Judge Fernando L. Aenlle-Rocha. (lc)
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Filing 25
(IN CHAMBERS) ORDER CONTINUING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (DKT. #10 ) by Judge Fernando L. Aenlle-Rocha: The court on its own motion, continues the Ex Parte Application for Temporary Restraining Order from March 3, 2023 to March 7, 2023, at 9:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 24
ORDER GRANTING IN PART PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARYRESTRAINING ORDER #10 by Judge Fernando L. Aenlle-Rocha: The court SETS this matter for hearing on Friday, March 3, 2023, at 1:30 p.m. Pacific Time (PT) and TEMPORARILY RESTRAINS Defendant from transferring, moving, encumbering, or disposing of any assets or property that was actually or purportedly moved, sold, or transferred from AHF to HIF on or after January 1, 2022. This Order shall remain in effect until Monday, March 17, 2023, at 5:00 p.m. PT. (lc)
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| Filing 23 Notice of Pendency of Action filed by Plaintiff The Armand Hammer Foundation, Inc.. (Woodsome, Meghan) |
| Filing 22 APPLICATION of Non-Resident Attorney Samuel Wade Malone to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34872905) filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Cosgrove, Ryan) |
| Filing 21 REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to prohibiting Defendant from seeking or trying to enter, access, control, or interfere with AHF or any assets, accounts or property belonging to AHF. #10 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cosgrove, Ryan) |
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Filing 20
ORDER GRANTING APPLICATION of Non-Resident Attorney Lucas A. Westby to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. and designating Ryan E. Cosgrove as local counsel #15 by Judge Fernando L. Aenlle-Rocha. (lc)
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Filing 19
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: Plaintiff The Armand Hammer Foundation, Inc. ("Plaintiff") is granted leave to file a reply brief in support of its Ex Parte Application for a Temporary Restraining Order (Dkt. #10 ), on or before 5:00 p.m. on Monday, February 27, 2023. Any filed reply shall not exceed 10 pages and may address only Defendant Hammer International Foundation's ("Defendant") arguments regarding (1) the Colorado River doctrine, and (2) whether exigent circumstances exist here sufficient to warrant ex parte relief. See Dkt. 12 at 5-9THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 18 PROOF OF SERVICE Executed by Plaintiff The Armand Hammer Foundation, Inc., upon Defendant Hammer International Foundation served on 2/22/2023, answer due 3/15/2023. Service of the Summons and Complaint were executed upon Amy Doe, Employee of Registered Agent Company, Bush Ross Registered Agent Services, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Attachments: #1 Exhibit 1)(Cosgrove, Ryan) |
| Filing 17 REPLY in support of EX PARTE APPLICATION for Temporary Restraining Order as to prohibiting Defendant from seeking or trying to enter, access, control, or interfere with AHF or any assets, accounts or property belonging to AHF. #10 filed by Plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Cosgrove, Ryan) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Objection/Opposition #12 , Objection/Opposition #13 , Objection/Opposition #14 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: For Judicial Notice, Errata. Doc 12 - No Table of Contents, see Local Rule 11-8. Other error(s) with document(s): Please use the search feature and search for a specific word or phrase. Also, attorneys text entry should be similar to the filed title document caption. Judicial Notice can be found: Responses, Replies and Other Motion Related Documents. 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) |
| Filing 15 APPLICATION of Non-Resident Attorney Lucas A. Westby to Appear Pro Hac Vice on behalf of Plaintiff The Armand Hammer Foundation, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34847325) filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Cosgrove, Ryan) |
| Filing 14 [NOTICE OF ERRATA RE EXHIBITS 75-77 TO SPECIALLY APPEARING DEFENDANT HAMMER INTERNATIONAL FOUNDATION'S REQUEST FOR JUDICIAL NOTICE filed as] SPECIALLY APPEARING DEFENDANT oppositon opposition to related document re: EX PARTE APPLICATION for Temporary Restraining Order as to prohibiting Defendant from seeking or trying to enter, access, control, or interfere with AHF or any assets, accounts or property belonging to AHF. #10 Notice of Errata re Exhibits 75-77 to Request for Jud. Notice in Opposition to ex parte application for TRO filed by Objector Gary Salomons. (Attachments: #1 Exhibit Exhibits 75-77 to Request for Judicial Notice)(Katofsky, Jeff) Modified on 2/24/2023 (lom). |
| Filing 13 [REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION filed as] Opposition opposition to related document re: EX PARTE APPLICATION for Temporary Restraining Order as to prohibiting Defendant from seeking or trying to enter, access, control, or interfere with AHF or any assets, accounts or property belonging to AHF. #10 Request for Judicial Notice in Opposition to Ex Parte App for TRO filed by Objector Gary Salomons. (Attachments: #1 Exhibit Req Judicial Notice Exhibits 1-26, #2 Exhibit Req. Judicial Notice Exhibits 27 to 68, #3 Exhibit Req. Judicial Notice Exhibits 69 to 74)(Katofsky, Jeff) Modified on 2/24/2023 (lom). |
| Filing 12 Opposition opposition to related document re: EX PARTE APPLICATION for Temporary Restraining Order as to prohibiting Defendant from seeking or trying to enter, access, control, or interfere with AHF or any assets, accounts or property belonging to AHF. #10 filed by Objector Gary Salomons. (Attachments: #1 Supplement Hammer Int'l Evidentiary Objection to Cosgrove Declaration)(Attorney Jeff Call Katofsky added to party Gary Salomons(pty:obj))(Katofsky, Jeff) |
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Filing 11
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 10 EX PARTE APPLICATION for Temporary Restraining Order as to prohibiting Defendant from seeking or trying to enter, access, control, or interfere with AHF or any assets, accounts or property belonging to AHF. filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit A - Decl. of Jeff Katofsky, Esq., #2 Exhibit B - Cayman Islands Companies Act, 2021 Revision, #3 Declaration of Ryan E. Cosgrove, #4 Declaration of Lucas A. Westby, #5 Proposed Order) (Cosgrove, Ryan) |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:22-cv-08986 FLA(SKx). Case transferred from Magistrate Judge Jacqueline Chooljian and Judge John A. Kronstadt to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-01215 FLA(SKx). Signed by Judge Fernando L. Aenlle-Rocha (rn)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Hammer International Foundation. (car) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Jacqueline Chooljian. (car) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff The Armand Hammer Foundation, Inc. (Cosgrove, Ryan) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff The Armand Hammer Foundation, Inc.. (Cosgrove, Ryan) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by plaintiff The Armand Hammer Foundation, Inc.. (Cosgrove, Ryan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34816609 - Fee: $402, filed by plaintiff The Armand Hammer Foundation, Inc.. (Attachments: #1 Exhibit 1 - Declaration of David Smith, #2 Exhibit 2 - October 27, 2022 - Quitclaim Deed, #3 Exhibit 3 - January 6, 2023 Hearing Transcript, #4 Exhibit 4 - Art Transfer Agreement, #5 Exhibit 5 - Bill of Sale and Assignment, #6 Exhibit 6 - February 16, 2023 Jeff Katofsky Email, #7 Exhibit 7 - HIF Florida Registration, #8 Exhibit 8 - 2017 Agreement of Merger, #9 Exhibit 9 - December 4, 2017 Meeting Minutes, #10 Exhibit 10 - Articles of Merger between AHF and HIF, #11 Exhibit 11 - November 18, 2020 Meeting Minutes, #12 Exhibit 12 - December 27, 2022 TRO, #13 Exhibit 13 - Jan. 10, 2023 Order, #14 Exhibit 14 - Jan. 25, 2023 Stipulation, #15 Exhibit 15 - Ex. A to Quitclaim Deed) (Attorney Ryan E. Cosgrove added to party The Armand Hammer Foundation, Inc.(pty:pla))(Cosgrove, Ryan) |
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