Mitsubishi v. C Richard Cowan, et al
| Mitsubishi Caterpillar Forklift America Inc |
| C Richard Cowan, Ziba Cowan, Caterpillar Financial Services Corporation and Clyde Richard Cowan |
| Marina Contractors Inc, Marina Landscape Inc, Marina Investment Group Inc, Ziba S Cowan, Marina Investment Company Inc, Gregory A Collanton, Power Lift LLC, Thomas M Labrador, R & R Real Estate Co, Richard and Ziba Cowan Family Trust, Ventura Material Handling Company LLC, Power Lift Corporation, Cowan Holdings LLC, Robert and Lisa Cowan Family Trust, Robert B Cowan, Ziba Sharifi, Roes, Lisa J Cowan, Josef M Cowan, Gregory - King, Marina Investment Group, Marina Investment Co and La Mirada DSS |
| Robb Evans |
| Hon. (Ret.) James W Kennedy |
| 8:2001cv00815 |
| August 27, 2001 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| David O Carter |
| Arthur Nakazato |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 908 WRIT of Execution Returned Executed (mt) |
| Filing 907 Mail Returned addressed to Jason Archinaco re USM-285 Service of non-complaint documents - Executed #906 (twdb) |
| Filing 906 PROCESS RECEIPT AND RETURN (USM-285) re: documents served on C. Richard Cowan and Ziba Cowan on 07/08/11. (dro) |
| Filing 905 NOTICE Acknowledgment of Satisfaction of Judgment filed by Defendants C Richard Cowan, C Richard Cowan, Ziba Cowan, Ziba S Cowan, Ziba Cowan. (Attachments: #1 Exhibit A - court filed judgment, #2 Exhibit B - recorded abstracts of judgment, #3 Exhibit C - assignment of judgment)(Woog, Phil) |
Filing 903
NOTICE OF DISCREPANCY AND ORDER: by Judge David O. Carter, ORDERING order submitted by Plaintiff Mitsubishi Caterpillar Forklift America Inc received on 9/16/11 is not to be filed but instead rejected. Denial based on: G.O. 10-07, case designated for e-filing. (twdb)
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| Filing 902 NOTICE Acknowledgment of Assignment of Judgment filed by Plaintiff / Judgment Creditor Mitsubishi Caterpillar Forklift America Inc. (Specter, Richard) |
| Filing 901 PROOF OF PUBLICATION; served on 7/13/11. (rla) |
| Filing 900 ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc (Specter, Richard) |
| Filing 899 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Marina Landscape Inc on 10/21/10. Remarks: SERVED 10-21-10 date. (rla) |
| Filing 898 WRIT of EXECUTION against Josef M. Cowan, and Marina Landscape, Inc., jointly and severally Returned UNEXECUTED (rla) |
| Filing 897 WRIT of EXECUTION against Power Lift Corporation and Power Lift LLC, Jointly and Severally Returned UNEXECUTED (rla) |
| Filing 894 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #892 . The following error(s) was found: Incorrect event selected. The correct event is: Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (dg) |
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Filing 893
ORDER by Judge David O. Carter re Levy and Sale of Stock Certificate. (See Order for details) (db)
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| Filing 892 NOTICE of Lodging Proposed Order Re Levy and Sale of Stock Certificate filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc. (Attachments: #1 Proposed Order Re Levy and Sale of Stock Certificate)(Specter, Richard) |
| Filing 889 Appearance of Counsel filed by Defendant C Richard Cowan, Counter Claimant C Richard Cowan, Counter Defendant C Richard Cowan (Woog, Phil) |
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Filing 887
ORDER by Judge David O. Carter. IT IS HEREBY ORDERED that Retired California Superior Court Judge John W. Kennedy, Jr., as the Special Master (Special Master), shall have full and complete jurisdiction to determine all matters relating to the enforcement of that Judgment of the District Court which was entered in this matter on February 1, 2010. (db)
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| Filing 886 STIPULATION for Order filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc. (Attachments: #1 Proposed Order)(Specter, Richard) |
| Filing 883 MINUTES: IN CHAMBERS by Judge David O. Carter: Order Setting Briefing Schedule. RE EX PARTE APPLICATION for seizure #882 . Accordingly, the Court Orders that the parties prepare supplemental briefing papers. Parties should address inter alia, the Court's authority to direct seizure of the stock certificates to fulfill a judgment. Plaintiff's briefing shall be due on 11/22/10. Defendant's briefing shall be due on 11/29/10. Plaintiff's reply brief is due on 12/3/10. The matter will then be taken under submission by the Court, pursuant to its authority under FRCP 78 and Local Rule 7-15. (twdb) |
| Filing 882 EX PARTE APPLICATION for Order for seizure filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (Attachments: #1 Proposed Order)(Specter, Richard) |
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Filing 880
ORDER appointing private process server to serve notice of levy on judgment debtor by Judge David O. Carter, re Notice of Lodging #879 (twdb)
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| Filing 879 NOTICE OF LODGING filed re Judgment,,, #870 (Attachments: #1 Proposed Order [Proposed] Order Appointing Private Process Server to Serve Notice of Levy on Judgment Debtor Richard Cowan)(Specter, Richard) |
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Filing 878
ORDER by Judge David O. Carter Appointing Private Process Server to Serve Earnings Withholding Order on Marina Landscape, Inc. #874 (nbo)
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| Filing 874 NOTICE OF LODGING filed re Judgment,,, #870 , Writ Issued (Attachments: #1 Proposed Order Appointing Private Process Server to Serve Earnings Withholding Order on Marina Landscape, Inc.)(Specter, Richard) |
| Filing 910 WRIT of Execution issued as to Richard Cowan and Ziba Cowan. (nca) (lwag). |
| Filing 873 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution re judgment entered 2/2/2010 against defendants Richard Cowan and Ziba Cowan filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (nca) |
| Filing 872 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Judgment amount entered does not coincide with amount on Writ and Affidavit (forms CV23 and CV24).. Please return this form with the corrected document when returned to the clerk's office for filing. (rla) |
| Filing 871 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: (1) Entered date of Writ/Abstract is incorrect; (2) If there are no amounts for Principal, Interest, Costs and/or Attorneys Fees, please enter -0- on each line; and (3) Please also submit form CV-23. Please return this form with the corrected document when returned to the clerk's office for filing. (nbo) |
| Filing 909 ABSTRACT of Judgment issued in favor of plaintiff Mitsubishi Caterpillar Forklift America Inc and against C Richard Cowan, Ziba Cowan in the principal amount of $3,000,000.00, interest in the amount of $1,370,952.92, attorneys fees of $1,672,569.76, costs of (included with fees.) RE: Judgment #870 . (rla) (lwag). |
| Filing 870 JUDGMENT by Judge David O. Carter, in favor of Mitsubishi Caterpillar Forklift America Inc against C Richard Cowan, Ziba Cowan: IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) MCFA shall recover from Richard and Ziba COWAN the sum of $3,000,000; 2) MCFA shall also recover from Richard and Ziba COWANS prejudgment interest on that amount at the rate of 10% per annum from 6/13/05, through 1/5/10, which equals $1,370,952.92; 3) MCFA shall also recover from Richard and Ziba COWAN its attorneys' fees and costs in the amount of $1,672,569.76; and (See document for further details.) (rla) (Additional attachment(s) added on 9/21/2010: #1 ABSTRACT ISSUED) (rla). (Additional attachment(s) added on 10/7/2010: #2 Writ) (nca). |
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Filing 869
ORDER by Judge David O. Carter, United States Marshal Release Additional Funds under Attachments: IT ILS ORDERED that the United States Marshal release the Attached Funds by transmitting two checks as follows: (See document for details.) (rla)
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Filing 868
ORDER by Judge David O. Carter, re SPECIAL MASTER'S RULING ON DEFENDANT'S MOTION TO ALTER OR AMEND RULING AND SPECIAL MASTER'S AWARD OF SUPPLEMENTAL ATTORNEY FEES AND COSTS. (rla)
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Filing 867
ORDER re Special Master's Findings Regarding Value of Undisclosed Assets and Award of Attorney Fees and Costs by Judge David O. Carter. (See Order for details) (db)
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| Filing 866 SPECIAL MASTER'S FINDINGS REGARDING UNDISCLOSED ASSETS by Special Master, Hon. John W. Kennedy, Jr. (ade) |
| Filing 865 Special Master's ruling on motion for reconsideration filed by Special Master (twdb) |
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Filing 864
ORDER by Judge JOhn Kennedy (Special Master). Ruling on Mitsubishi's Motion for Contempt and Sanctions Against Helen Sharifi. (ade)
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Filing 863
ORDER by Judge John Kennedy (Special Master). Ruling on Mitsubishi's Motion for Contempt and Sanctions Against the H.T. Trust. (ade)
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| Filing 862 NOTICE of Change of Attorney Information: changing address and firm name to White and Williams, The Frick Building, Suite 1001, 437 Grant Street, Pittsburgh, Pa 15219 for attorney Jason A Archinaco. Filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (mu, ) |
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Filing 861
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: Court Orders Plaintiffs MOTION for Order Determining the Claims of Exemption of Ziba Cowen 831 VACATED, nunc pro tunc as of 09/23/05;Court Reporter: none. (ln, )
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| Filing 860 ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT re Judgment #756 as to C Richard Cowan, Ziba Cowan, Robert B Cowan, Josef M Cowan, RandR Real Estate Company, LP, Marina Landscape Inc; filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc. (ln, ) |
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Filing 859
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: COUNSEL ARE HEREBY NOTIFIED that Plaintiffs MOTION for Order 830 determining claims of exemption of C Richard Cowan, presently set for 10/03/05 at 8:30am, is hereby VACATED;Court Reporter: not present. (ln, )
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| Filing 858 Appeal Record Returned from 9th CCA RE: RECORD ON APPEAL sent to Circuit Court re: Appeal number, 03-56270 Record consists of 1 through 44 volumes, 35 transcripts; 27 brown folders #0000, 12, 25, 46, 84, 95, 96, 145, 151, 153, 176, 185, 189, 221, 222, 263, 296, 303, 376, 426, 427, 428, 429, 430, 448, 504, 520. (ghap, ) Received: Volume(s): 1 thru 44; Transcripts(s): 35 and 27 brown folders. (cbr, ) |
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Filing 857
STIPULATION AND ORDER by Judge David O. Carter: IT IS SO ORDERED that hearing on Claim of Exemption regarding MOTION for Order 830 and MOTION for Order 831 is and shall be continued to 10/3/2005 at 08:30 AM;(ln, )
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Filing 856
ORDER from 9th CCA filed as to Appeal to Circuit Court, 761 filed by Robert B Cowan, C Richard Cowan, Ziba Cowan, Josef M Cowan, R & R Real Estate Co, Marina Landscape Inc, Marina Investment Group Inc, CCA # 04-57029. Order received in this district on 07/15/05. Pursuant to the Amended Stipulation of the parties, the order dismissing this appeal in its entirety, filed on 07/05/05, is vacated. and this appeal is dismissed as to all appellant except appellant Jose M. Cowan. (cbr, )
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| Filing 855 MANDATE of 9th CCA filed as to Appeal to Circuit Court 581 , CCA # 03-56270. The appeal is dismissed. Mandate received in this district on 07/12/05. (cbr, ) |
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Filing 854
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: PLEASE TAKE NOTICE that on Courts own motion, Plaintiffs MOTION for Order 830 , MOTION for Order 831 is continued for hearing on 7/25/2005 at 08:30 AM;Court Reporter: none present. (ln, )
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Filing 853
STIPULATION AND ORDER by Judge David O. Carter: IT IS SO ORDERED that hearing on Claim of Exemption re MOTION for Order Determining the Claims of Exemption of C. Richard Cowan 830 and MOTION for Order Determining the Claims of Exemption of Ziba Cowan 831 shall be continued to 7/11/2005 at 08:30 AM before Honorable David O. Carter.(ln, )
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| Set Deadlines as to MOTION for Order 830 , MOTION for Order 831 . Motion set for hearing on 7/11/2005 at 08:30 AM before Honorable David O. Carter pursuant to Stipulation and Order (853) filed 06/01/05 (ln, ) |
| Filing 852 AFFIDAVIT AND REQUEST for Writ of Execution re Judgment entered 10/22/04 against Robert B Cowan, C Richard Cowan and RandR Real Estate Company, LP, jointly and severally as Judgment Debtor; filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc. (ln, ) |
| Filing 851 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution re Judgment entered 10/22/04 against Ziba S Cowan and C Richard Cowan, jointly and severally; filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc. (ln, ) |
| WRIT of EXECUTION issued against C Richard Cowan, Robert B Cowan and RandR Real Estate Company LP, jointly and severally as Judgment Debtor (ln, ) |
| WRIT of EXECUTION issued against Ziba S Cowan and C Richard Cowan, jointly and severally (ln, ) |
| Filing 850 PROCESS RECEIPT AND RETURN (USM-285) Re 3rd Party Notice of Writ of Execution - Money Judgment returned executed upon L Cowan, re C Richard Cowan on 03/18/05; Remarks: 03/18/05 mailed Notice of Levy to 3rd Party (14686) (ln, ) |
| Filing 849 PROCESS RECEIPT AND RETURN (USM-285) Re 3rd Party Notice of Writ of Execution - Money Judgment returned executed upon Amanda Cowan, re C Richard Cowan on 03/18/05; Remarks: mailed Notice of Levy to Amanda Cowan (14685) (ln, ) |
| Filing 848 PROCESS RECEIPT AND RETURN (USM-285) Re 3rd Party Notice of Writ of Execution - Money Judgment returned executed upon Kara Belkin, re C Richard Cowan on 03/18/05; Remarks: 03/18/05 mailed Notice of Levy to Kara Belkin (14684) (ln, ) |
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Filing 845
MINUTES Order Setting Status Conference IN CHAMBERS ORDER by Judge David O. Carter : Please take notice, on the court's own motion, a status conference in the above entitled action is set in this court on 5/18/05 at 7:00 a.m. All counsel and parties participating in mediation are ORDERED to be present. Status Conference set for 5/18/2005 07:00 AM before Honorable David O. Carter.Court Reporter: not present. (twdb, )
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| Filing 847 WRIT of Execution Returned Executed Re Judgment entered 10/22/04; Served copy of Writ together with a Notice that said property was attached and demanded a reply, to which I received: $235,782.02, and after deducting costs of $156.00, $235,633.02 applied against judgment; (ln, ) |
| Filing 846 WRIT of of Execution Returned Executed Re Judgment entered 10/22/04; Served copy of Writ together with a Notice that said property was attached and demanded a reply, to which I received: $235,782.02, and after deducting costs of $156.00, $235,633.02 applied against judgment; (ln, ) |
| Filing 841 Substitution of Attorney filed. Substituting attorney Michael Fletcher, Law Office of Frandzel Robins Bloom and Csato for Robert B Cowan in place and stead of law office Atkinson Andelson Loya Ruud and Romo, attorney Mark T Palin, by Judge David O. Carter. (ln, ) |
| FAX number for Attorney Michael Fletcher is 323-651-2577. (ln, ) |
| Filing 844 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution - Money Judgment returned executed upon Branch Manager of Person in Charge - Bank of America re C Richard Cowan on 04/27/05; Remarks: served on 04/27/05; mailed on 04/27/05 (15124, 15125, 15126) (ln, ) |
| Filing 843 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America re Ziba Cowan aka Ziba Sharifi on 04/27/05; Remarks: served on 04/27/05; mailed on 04/27/05 (15121, 15122, 15123, 015124) (ln, ) |
| Filing 842 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America Re C Richard Cowan on 04/27/05; Remarks: served on 04/27/05; mailed on 04/27/05 (15117, 15118, 15119, 15120) (ln, ) |
| PLACED IN FILE - NOT USED re Trustees Proposed Findings of Fact and Conclusions of Law submitted by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC; (ln, ) |
| PLACED IN FILE - NOT USED re [Proposed] Amended Joint LLC PLC and Cowan Parties Findings of Fact and Conclusions of Law submitted by Counterclaimant, Counterdefendant Power Lift Corporation (ln, ) |
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Filing 840
STIPULATION AND ORDER by Judge David O. Carter: IT IS SO ORDERED that the hearing on the Claim Exemption is and shall be continued to 6/6/05 at 8:30 a.m.(mu, ) Modified on 4/13/2005 (mu, ).
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| Filing 839 NOTICE of Change of Address by attorney Richard B Specter for Mitsubishi Caterpillar Forklift America Inc, changing firm name and address to Corbett Steelman and Specter, 18200 Von Karman Avenue, Suite 900, Irvine, CA 92612-1023 telephone 949-553-9266; FAX 949-553-8454; Filed by Counter Claimant Mitsubishi Caterpillar Forklift America Inc (ln, ) |
| FAX number for Attorney Richard B Specter is 949-553-8454. (ln, ) |
| Filing 838 RECORD ON APPEAL sent to Circuit Court re: Appeal number, 03-56270 Record consists of 1 through 44 volumes, 35 transcripts; 27 brown folders #0000, 12, 25, 46, 84, 95, 96, 145, 151, 153, 176, 185, 189, 221, 222, 263, 296, 303, 376, 426, 427, 428, 429, 430, 448, 504, 520. (ghap, ) |
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Filing 837
STIPULATION AND ORDER by Judge David O. Carter: hearing on MOTION for Order Determining the Claims of Exemption of C. Richard Cowan 830 and MOTION for Order Determining the Claims of Exemption of Ziba Cowan 831 shall be continued to 4/18/2005 at 08:30 AM;(ln, )
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| Filing 836 PROCESS RECEIPT AND RETURN (USM-285) of Notice (Other) 832 , returned executed upon C Richard Cowan on 2/14/5. Remarks: 2/14/5 mailed. (dmjr, ) |
| Filing 835 PROCESS RECEIPT AND RETURN (USM-285) of Notice (Other) 832 , returned executed upon Ziba Cowan on 2/14/5. Remarks: mailed 2/14/5. (dmjr, ) |
| Filing 834 NOTICE of opposition to claim of exemption (enforcement of judgment), judgment debtor Ziba Cowan filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (twdb, ) |
| Filing 833 NOTICE of hearing on claim of exemption [wage garnishment enforcement of judgment] 3/7/05, at 8:30 a.m., judgment debtor Ziba Cowan filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (twdb, ) |
| Filing 832 NOTICE of Opposition to Claim of Exemption filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (twdb, ) |
| Filing 831 NOTICE OF MOTION AND MOTION for Order Determining the Claims of Exemption of Ziba Cowan filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. Motion set for hearing on 3/7/2005 at 08:30 AM before Honorable David O. Carter. (twdb, ) |
| Filing 830 NOTICE OF MOTION AND MOTION for Order Determining the Claims of Exemption of C. Richard Cowan filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. Motion set for hearing on 3/7/2005 at 08:30 AM before Honorable David O. Carter. (twdb, ) |
| Filing 829 NOTICE of hearing on claim of exemption (wage garnishment-enforcement of judgment) 3/7/05 at 8:30 a.m. filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (twdb, ) |
| Filing 828 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution - Money Judgment returned executed upon Deutsche Bank Alex Brown Re R and R Real Estate Company LP on 12/22/04; Remarks: served on 12/27/04; mailed on 12/27/04 Gerome Jones (14088, 14089, 14090, 14091) (ln, ) |
| Filing 827 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Person in Charge - Southern California Material Handling re R and R Real Estate LP on 12/21/04; Remarks: served 12/22/04; mail 12/27/04 (14084, 14085, 14086, 14087) (ln, ) |
| Filing 826 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Manager of Person in Charge of American Express re C Richard Cowan on 01/27/05; Remarks: served on 01/27/05; mailed on 01/27/05 (14212, 14213, 14214, 14215) (ln, ) |
| Filing 825 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Wells Fargo Bank re Josef M Cowan on 12/17/04; Remarks: served on 12/17/04; mailed on 12/17/04 (13996, 13997, 13998) (ln, ) |
| Filing 824 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Deutsche Bank Alex Brown Re R and R Real Estate Company LP on 12/17/04; Remarks: served on N/A; mailed on N/A (13993, 13994, 13995, 13996) (ln, ) |
| Filing 823 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America Re Josef M Cowan on 12/17/04; Remarks: served on 12/17/04; mailed on 12/17/04 (13993, 13994, 13995) (ln, ) |
| Filing 822 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Union Bank of California re R and R Real Estate Company LP on 12/17/04; Remarks: served on 12/17/04; mailed on 12/17/04 (13989, 13990, 13991, 13992) (ln, ) |
| Filing 821 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - SmithBarney Citigroup re C Richard Cowan on 12/17/04; Remarks: Served on 12/17/04; mailed on 12/17/04 (13985, 13986, 13987, 13988) (ln, ) |
| Filing 820 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - American Express Re Robert B Cowan on 12/17/04; Remarks: served on 12/17/04; mailed on 12/17/04 (13981, 13982, 13983, 13984) (ln, ) |
| Filing 819 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Charles Schwab re Robert B Cowan on 12/17/04; Remarks: served on 12/17/04; mailed on (not indicated) (13977, 13978, 13979, 13980) (ln, ) |
| Filing 818 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Pacific Life Insurance re Robert B Cowan on 12/17/04; Remarks: served on 12/17/04; mailed on (not indicated) (13973, 13974, 13975, 13976) (ln, ) |
| Filing 817 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Executoin - Money Judgment returned executed upon Branch Manager or Person in Charge - U S Bancorp Re Robert B Cowan on 12/17/04; Remarks: served on 12/17/04; mailed on 12/22/04 (13969, 13970, 13971, 13972) (ln, ) |
| Filing 816 PROCESS RECEIPT AND RETURN (USM-285)Re Writ of Executoin - Money Judgment returned executed upon Branch Manager or Person in Charge - U S Bancorp re R and R Real Estate Company, LP on 12/17/04; Remarks: served on (not indicated); mailed on 12/17/04 (13965, 13966, 13967, 13968) (ln, ) |
| Filing 815 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Executoin - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America Re Josef M Cowan on 12/17/04; Remarks: served on 12/21/04; mailed on 12/22/04 (13962, 13963, 13964) (ln, ) |
| Filing 814 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Morgan Stanley Re Josef M Cowan on 12/17/05; Remarks: served on 12/21/04; mailed on 12/22/04 (13959, 13960, 13961) (ln, ) |
| Filing 813 PROCESS RECEIPT AND RETURN (USM-285) Re Claim of Exemption returned executed upon Claim of Exemption re money/accounts in the name of Josef Cowan at Wells Fargo Bank on 01/05/04; Remarks: Notice of Filing of Claim of Exemption by Josef M Cowan mailed to Plaintiff Attorney, John D Ott; (ln, ) |
| Filing 784 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Mitsubishi Caterpillar Forklift America Inc on 12/30/04. Remarks: 12/30/04 Mailed Notice of Filing of Claim of Exemption (by Richard Cowan) to Plaintiff Attorney, John D Ott, Esq, Albert, Weiland and Golden. (ln, ) |
| Filing 783 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Mitsubishi Caterpillar Forklift America Inc on 12/30/04. Remarks: 12/30/04 Mailed Notice of Filing of Claim of Exemption (by Ziba Cowan) to Plaintiff Attorney, John D Ott, Esq, Albert, Weiland and Golden. (ln, ) Modified on 1/11/2005 (ln, ). |
| Filing 812 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America Re Josef M Cowan on 12/14/04; Remarks: served 12/14/04; mailed on 12/16/04 (13798, 13799, 13800) (ln, ) |
| Filing 811 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Wells Fargo Bank re Robert Cowan on 12/14/04; Remarks: served 12/14/04; mailed 12/16/04 (13795, 13796) (ln, ) |
| Filing 809 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Marina Landscape Inc re RandR Real Estate on 12/14/04; Remarks: served on 12/15/04; mailed on 12/16/04 (13895, 13896, 13897, 13898) (ln, ) |
| Filing 807 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Community Bank re RandR Real Estate on 12/14/04; Remarks: served on 12/14/04; mailed on 12/16/04 (13887, 13888, 13889, 13890) (ln, ) |
| Filing 805 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - World Savings Bank Re Robert B Cowan on 12/14/04; Remarks: served on 12/15/04; mailed on 12/16/04 (13879, 13880, 13881, 13882) (ln, ) |
| Filing 804 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - US Bancorp re C Richard Cowan on 12/14/04; served on 12/15/04; mailed on 12/16/04 (13875, 13876, 13877, 13878) (ln, ) |
| Filing 803 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America re Robert B Cowan on 12/14/04; served on 12/15/04; mailed on (not indicated) (13871, 13872, 13873, 13874) (ln, ) |
| Filing 802 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America re C Richard Cowan on 12/14/04; Remarks: served on 12/15/04; mailed on 12/16/04 (13867, 13868, 13869, 13870) (ln, ) |
| Filing 798 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Bank of America Re C Richard Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/16/04 (13851, 13852, 13853, 13854) (ln, ) |
| Filing 797 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Citibank re C Richard Cowan on 12/14/04; Remarks: served on 12/15/04; mailed on 12/16/04 (13847, 13848, 13849, 13850) (ln, ) |
| Filing 796 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Wells Fargo Bank re C Richard Cowan dba Public Motors on 12/14/04; Remarks: served on 12/14/04; mailed on 12/16/04 (13843, 013844, 13845, 13846) (ln, ) |
| Filing 795 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Wells Fargo Bank re Josef M Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/16/04 (13839, 13840, 13841, 13842) (ln, ) |
| Filing 794 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Merrill Lynch Re C Richard Cowan on 12/14/04; Remarks: served 12/15/04; mailed on 12/16/04 (13835, 13836, 13837, 13838) (ln, ) |
| Filing 791 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Wells Fargo Bank re C Richard Cowan dba Orange County Motores on 12/14/04; Remarks: served on 12/14/04; mailed on 12/16/04 (13823, 13824, 13825, 13826) (ln, ) |
| Filing 810 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Center Bank re C Richard Cowan on 12/14/04; Remarks: served 12/14/04; mailed 12/14/04 (13899, 13900, 13901, 13902) (ln, ) |
| Filing 808 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Union Bank re RandR Real Estate on 12/14/04; Remarks: served 12/14/04; mailed on 12/14/04 (13891, 13892, 13893, 13894) (ln, ) |
| Filing 806 PROCESS RECEIPT AND RETURN (USM-285) Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - South Bay Bank re Robert B Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13883, 13884, 13885, 13886) (ln, ) |
| Filing 801 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon IDS Life Insurance Company re C Richard Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13863, 13864, 13865, 13866) (ln, ) |
| Filing 800 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Deutsche Bank Alex Brown re Robert B Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13859, 13860, 13861, 13862) (ln, ) |
| Filing 799 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Deutsche Bank Alex Brown re C Richard Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13855, 13856, 13857, 13858) (ln, ) |
| Filing 793 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon HarrisDirect re C Richard Cowan on 12/14/04; Remarks: served on 12/15/04; mailed on 12/15/04 (13831, 13832, 13833, 13834) (ln, ) |
| Filing 792 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Branch Manager or Person in Charge - Union Bank Re C Richard Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13827, 13828, 13829, 13830) (ln, ) |
| Filing 790 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Solomon Smith Barney Inc re C Richard Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13819, 13820, 13821, 13822) (ln, ) |
| Filing 789 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Deutsche Bank Alex, Brown re C Richard Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13816, 13817, 13818) (ln, ) |
| Filing 788 PROCESS RECEIPT AND RETURN (USM-285) Re Writ of Execution - Money Judgment returned executed upon Deautsche Bank Alex, Brown re Ziba Cowan on 12/14/04; Remarks: served on 12/14/04; mailed on 12/14/04 (13813, 13814, 13815) (ln, ) |
| Filing 787 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution; Wage Garnishment returned executed upon Marina Landscape Inc re C Richard Cowan on 12/15/04; Remarks: Served on 12/15/04 (13811, 13812) (ln, ) |
| Filing 786 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution, Wage Garnishment returned executed upon Marina Landscape Inc Re Robert B Cowan on 12/15/04; Remarks: served on 12/15/04 (13807, 13808) (ln, ) |
| Filing 785 PROCESS RECEIPT AND RETURN (USM-285) RE Writ of Execution, Wage Garnishment returned executed upon Marina Landscape Inc re C Richard Cowan on 12/15/04; Remarks: served on 12/15/04 (13809, 13810) (ln, ) Modified on 1/11/2005 (ln, ). |
| PLACED IN FILE - NOT USED re proposed order granting plaintiff Mitsubishi Caterpillar Forklift America Inc's motion for charging orders in aid of enforcement of judgments (mt, ) |
| Filing 779 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 07/16/03, All; 07/22/03, All; 07/24/03, All; 02/26/04, All; 03/09/04, All; 03/21/04, All; Court Reporter: Deborah Parker; Court of Appeals Case Number: 04-57029; Re: Appeal to Circuit Court, 761 . (Please see document for complete details) (wdc, ) |
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Filing 778
ORDER by Judge David O. Carter: re Plaintiffs MOTION for Charging Orders 757 and Related Matters: IT IS HEREBY ORDERED that: 1) liens are hereby established in favor of MCFA against all assets, rights or interests held by or in the Richard and Ziba Cowan Family Trust; 2) liens are hereby established in favor of MCFA against all assets, rights or interests held by or in the Robert and Lisa Cowan Family Trust; 3) liens are hereby established in favor of MCFA against all assets, rights or interests held by or in the Josef and Laura Cowan Family Trust (see document for further specifics); parties are further Ordered to appear for Mandatory Settlement Conference on 01/11/05 at 8:00am before Honorable David O. Carter.(ln, )
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| Filing 782 BRIEF Regarding Potential Effect of Charging Orders and Liens on Marina Receivership by Receiver Robb Evans. (ln, ) |
| Filing 781 SUPPLEMENTAL BRIEF in Support of Mitsubishi Caterpillar Forklift America Incs MOTION for Order 757 filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (ln, ) |
| Filing 780 RESPONSE BY JUDGMENT DEBTORS Marina Landscape and the Cowan Parties to the Courts Request for Briefs and Order to Show Cause re In Chambers Order/Directive, Link Motions to Minutes, Set Hearings, Terminate Motion and R&R Deadlines/Hearings #771 (ln, ) |
| Filing 777 TRANSCRIPT filed for proceedings held on 1/23/04. Court Reporter: Sharon Seffens. (ghap, ) |
| Filing 776 TRANSCRIPT filed for proceedings held on 1/15/04. Court Reporter: Sharon Seffens. (ghap, ) |
| Filing 775 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 1/15/04 Court Reporter: Sharon Seffens. (ghap, ) |
| Filing 774 Substitution of Attorney filed. Substituting attorney Thomas M Robins, III for counter defendant Marina Landscape Inc in place and stead of attorney Phillip R Kaplan by Judge David O. Carter. (ln, ) |
| FAX number for Attorney Thomas M Robins, III is 323-651-2577. (ln, ) |
| Filing 772 NOTIFICATION by Circuit Court of Appellate Docket Number 04-57029, 9th CCA regarding Appeal to Circuit Court,, 761 filed by Robert B Cowan,, C Richard Cowan,, Ziba Cowan,, Josef M Cowan,, R & R Real Estate Co,, Marina Landscape Inc,, Marina Investment Group Inc,. (weap, ) |
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Filing 771
MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter: Court GRANTS IN PART, DENIES IN PART, AND STAYS IN PART Plaintiffs MOTION for Charging Orders in aid of enforcement of judgments 757 ; IT IS FURTHER ORDERED that following liens are imposed (see document for details); IT IS FURTHER ORDERED that C Richard Cowan, Robert B Cowan, Josef M Cowan shall show cause before Honorable David O. Carter at 08:30 AM on 12/20/2004 or as soon thereafter as counsel may be heard on why an Order should not be entered granting Plaintiff a lien against all trust assets of Richard and Ziba Cowan Family Trust, Robert and Lisa Cowan Family Trust and Laura Cowan Family Trust;Court Reporter: not present. (ln, )
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| PLACED IN FILE - NOT USED re Request and Order for Appointment of Process Server submitted by plaintiff Mitsubishi Caterpillar Forklift America Inc; lodged 11/02/04 (ln, ) |
| Filing 773 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 07/16/03, 07/22/03, 07/24/03, 02/26/04, 03/09/04, 03/21/04; Court Reporter: Deborah Parker; Court of Appeals Case Number: 04-57029; Re: Appeal to Circuit Court 761 . (cbr, ) |
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Filing 769
REQUEST AND ORDER SERVICE OF PROCESS BY REGISTERED PROCESS SERVER by Judge David O. Carter: Plaintiff's request to have U.S. Marshal as levying officer is granted. (esa, )
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| Filing 770 REPRESENTATION STATEMENT filed by C Richard Cowan, Ziba Cowan, Josef M Cowan, Robert B Cowan, R&R Real Estate Co LP, Marina Contractors Inc, Marina Investment Group Inc (mt, ) |
| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, 761 . (weap, ) |
| ABSTRACT of Judgment issued in favor of plaintiff Mitsubishi Caterpillar Forklift America Inc and against C Richard Cowan and Ziba S Cowan, jointly and severally in the principal amount of $ 5,000,000.00; interest in the amount of $ 101,952.40; attorneys fees of $ 0.00; costs of $ 0.00; attested 11/5/04. (esa, ) |
| Filing 768 BRIEF OF ROBB EVANS, STATE COURT RECEIVER REGARDING MOTION FOR CHARGING ORDERS, ETC.; DECLARATION OF ROBB EVANS re MOTION for Order 757 (esa, ) |
| Filing 767 STATE COURT CASES CITED IN BRIEF OF ROBB EVANS, STATE COURT RECEIVER, REGARDING MOTION FOR CHARGING ORDERS, ETC.; DECLARATION OF ROBB EVANS re MOTION for Order 757 (esa, ) |
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Filing 762
MINUTES OF (In Chambers) Conference held before Judge David O. Carter; Order by Judge David O. Carter: Taking plaintiffs MOTION for Charging Orders in Aid of Enforcement of Judgments 757 under submission, Court finds matter appropriate for decision without oral argument; hearing set for 11/22/04 is removed from Courts calendar;Court Reporter: not preent. (ln, )
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| Filing 761 NOTICE OF APPEAL to 9th CCA filed by defendants C Richard Cowan, Josef M Cowan, Robert B Cowan, Ziba Cowan, Marina Investment Group Inc, Marina Landscape Inc, R & R Real Estate Co. Appeal of Judgment #756 Filed On: 10/22/04; Entered On: 10/22/04. Filing fee $255, Paid, receipt number 18127. cc: Thomas M. Robins, III, Frandzel, Robins, Bloom and Csato, L.C.; Janson A. Archinaco, Dickie, McCamey and Chilcote, P.C.; Richard B. Specter, Corbett and Steelman. (cbr, ) Modified on 11/22/2004 (cbr, ). |
| Civil Appeals Docketing Statement received from defendants C Richard Cowan, Josef M Cowan, Robert B Cowan, Ziba Cowan, Marina Investment Group Inc, Marina Landscape Inc, R & R Real Estate Co forwarded to 9th CCA. RE: Appeal to Circuit Court, 761 . (cbr, ) |
| Filing 766 REPLY in support of plaintiff Mitsubishi Caterpillar Forklift America Inc's MOTION for charging Orders in aid of enforcement of judgments 757 ; declaration of Jeffrey I Golden filed by plaintiff Caterpillar Financial Services Corporation. (mt, ) |
| Filing 760 NOTICE of Association of Counsel associating attorney Mark E Bradshaw, Leonard M Shulman on behalf of Counter Defendant Josef M Cowan. Filed by defendant Josef Cowan (pj, ) |
| Filing 759 JOINDER to judgment debtors opposition to 758 Motion for charging orders and other relief; declaration in support; filed by counterdefendant Josef Cowan (mg, ) Modified on 11/12/2004 (mg, ). |
| Filing 758 OPPOSITION to MOTION for charging orders and other relief 757 ; declarations in opposition; filed by defendants C Richard Cowan, Josef M Cowan, Lisa J Cowan, Robert B Cowan, Ziba Cowan. (mg, ) |
| Filing 765 AFFIDAVIT AND REQUEST for Writ of Execution filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. re Ziba S Cowan and C Richard Cowan, jointly and severally (esa, ) |
| Filing 764 AFFIDAVIT AND REQUEST for Writ of Execution filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. re Robert B Cowan, C Richard Cowan, and R and R Real Estate Company, LP, jointly and severally (esa, ) |
| Filing 763 AFFIDAVIT AND REQUEST for Writ of Execution filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. re Josef M Cowan and Marina Landscape, Inc., Jointly and Severally (esa, ) |
| WRIT of Execution issued against Robert B Cowan, C Richard Cowan, and R and R Real Estate Company, LP, jointly and severally; issued on 11/5/04. (esa, ) |
| WRIT of Execution issued against Josef M Cowan and Marina Landscape, jointly and severally; issued 11/5/04 (esa, ) |
| WRIT of Execution issued against Ziba S Cowan and C Richard Cowan, jointly and severally; issued on 11/5/04. (esa, ) |
| ABSTRACT of Judgment issued in favor of plaintiff Mitsubishi Caterpillar Forklift America Inc and against C Richard Cowan, Robert B Cowan, R & R Real Estate Co, jointly and severally in the principal amount of $11,414,267.69; interest in the amount of $1,457,463.99; attorneys fees of $ 0.00; costs of $ 0.00; attested 11/5/04. (esa, ) |
| ABSTRACT of Judgment issued in favor of plaintiff Mitsubishi Caterpillar Forklift America Inc and against Josef M Cowan and Marina Landscape Inc, jointly and severally in the principal amount of $2,600,000.00, interest in the amount of $ 0.00, attorneys fees of $ 0.00, costs of $ 0.00; attested 11/5/04. (esa, ) Modified on 11/19/2004 (esa, ). Modified on 11/19/2004 (esa, ). |
| Filing 757 NOTICE OF MOTION AND MOTION for for charging Orders in aid of enforcement of judgments; declaration of Richard B Specter; filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. Motion set for hearing on 11/22/2004 at 08:30 AM before Honorable David O. Carter. (mg, ) |
| FAX number for Attorney Hutchison B Meltzer is 714-966-1002. (mg, ) |
| PLACED IN FILE - NOT USED re (proposed) judgment submitted by plaintiff Mitsubishi Caterpillar Forklift America Inc. (yc, ) |
| Filing 756 JUDGMENT by Judge David O. Carter: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1) Mitsubishi Caterpillar Forklift America Inc (MCFA) is entitled to recover $44,996,523.47 from Power Lift Corporation and Power Lift LLC, jointly and severally; 2) MCFA is entitled to recover $5,000,000.00 plus post-judgment interest from C Richard Cowan and Ziba Cowan, jointly and severally; 3) MCFA is entitled to recover $12,871,731.68 from C Richard Cowan, Robert B Cowan and R and R Real Estate Company, LP, jointly and severally (see document for details) (Made JS-6. Case Terminated.)(ln, ) |
| Filing 755 AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW in Phase 2 of Trial signed by David O. Carter(ln, ) |
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Filing 754
MINUTES OF (In Chambers) Conference held before Judge David O. Carter; Order by Judge David O. Carter: Court GRANTS IN PART AND DENIES IN PART Defendant Josef Cowans MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law, 737 (see document for details) Court Reporter: not present. (ln, )
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Filing 753
MINUTES OF (In Chambers) Conference held before Judge David O. Carter; Order by Judge David O. Carter: Court GRANTS IN PART AND DENIES IN PART Defendants Richard Cowan, Robert Cowan, R and R Real Estate And Marina Investment Groups MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law 737 (see document for details) Court Reporter: not present. (ln, )
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Filing 752
MINUTES OF (In Chambers) Conference held before Judge David O. Carter; Order by Judge David O. Carter: Court GRANTS IN PART AND DENIES IN PART Defendant Marina Landscape Incs MOTION for Reconsideration 736 (see document for details)Court Reporter: not present. (ln, )
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| Filing 751 JOINT OBJECTIONS of Phase 2 Defendants to [Proposed] Judgment Lodged by MCFA filed by Counter Defendants Robert B Cowan, Marina Landscape Inc. (ln, ) |
| Filing 750 NOTICE OF ERRATA filed by Counter Defendant Marina Landscape Inc. correcting re Reply in Support of Its MOTION for Reconsideration 736 , Motion for Reconsideration 419 (ln, ) |
| Filing 745 MINUTES OF In Chambers before Judge David O. Carter: Taking matters under submission. 1 Defendant Marina Landscape Inc's MOTION for Reconsideration of courts findings of fact dated 8/10/04 736 ; 2. Defendants C Richard Cowan, Josef M Cowan, Marina Investment Group Inc, R & R Real Estate Co MOTION to Amend/Supplement Findings of Fact and Conclusions of Law and for Reconsideration 737 (Joinder by defendant Josef Cowan); and 3. Defendant Josef Cowan's, MOTION to Amend/Supplement Findings of Fact and Conclusions of Law and for Reconsideration 738 . Court finds these matters appropriate for decision without oral argument. Hearings set for 9/15/04 are removed from the Court's calendar and taken under submission. Parties will be served with the Court's rulings. Court Reporter: Not Present. (mt, ) |
| Filing 749 APPENDIX OF EXHIBITS AND TESTIMONY IN REPLY TO OPPOSITION re MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law 737 filed by counter defendants C Richard Cowan, Josef M Cowan, R & R Real Estate Co. (dmjr, ) |
| Filing 748 REPLY to response to MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law MOTION for Joinder in #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law MOTION for Joinder in #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law 738 filed by counter defendants C Richard Cowan, Josef M Cowan, R & R Real Estate Co. (dmjr, ) |
| Filing 747 REPLY to response to MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law 737 , MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law MOTION for Joinder in #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law MOTION for Joinder in #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law 738 filed by counter defendant Josef M Cowan. (dmjr, ) |
| Filing 746 REPLY to response to MOTION for Reconsideration 736 filed by counter defendant Marina Landscape Inc. (dmjr, ) |
| Filing 744 APPENDIX in support of its oppositions to defendants' MOTIONS to Amend/supplement findings of fact and conclusions of law 737 , 738 and for Reconsideration 736 filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 743 CASE AUTHORITY in support of its oppositions to defendants' MOTIONS to Amend/supplement findings of fact and conclusions of law 737 , 738 and for Reconsideration 736 filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 742 OPPOSITION to defendant Josef Cowan's MOTION to Amend/supplement findings of fact and conclusions of law and for reconsideration 738 ; memorandum of points and authorities in support thereof filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 741 OPPOSITION to defendants Richard Cowan, Robert Cowan, R & R Real Estate, Marina Investment Group's MOTION to Amend/Supplement findings of fact and conclusions of law and for reconsideration 737 ; memorandum of points and authorities in support thereof filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 740 OPPOSITION to defendant Marina Landscape Inc's MOTION for Reconsideration of this Court's findings of fact and conclusions of law dated 8/10/04 736 filed by plaintiff Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 739 APPENDIX of exhibits and transcripts not cited in proposed phase 2 findigns of fact and conclusions of law filed by Counter Defendants Josef M Cowan, Lisa J Cowan, La Mirada DSS, Marina Investment Group Inc, Power Lift LLC, R & R Real Estate Co, Richard and Ziba Cowan Family Trust, Robert and Lisa Cowan Family Trust, Ventura Material Handling Company LLC, Defendant Ziba Cowan. Re: (dmjr, ) |
| Filing 738 NOTICE OF MOTION AND MOTION to Amend/supplement #734 Memorandum of Contentions of Fact and Law, 737 , MOTION for Joinder in #734 Memorandum of Contentions of Fact and Law, 737 MOTION to Amend/Correct #734 Memorandum of Contentions of Fact and Law filed by defendant Josef M Cowan. Motion set for hearing on 9/15/2004 at 08:30 AM before Honorable David O. Carter. (dmjr, ) |
| Filing 737 NOTICE OF MOTION AND MOTION to Amend/Supplement #734 Memorandum of Contentions of Fact and Law, and for reconsideration, memorandum filed by defendants C Richard Cowan, Josef M Cowan, Marina Investment Group Inc, R & R Real Estate Co. Motion set for hearing on 9/15/2004 at 08:30 AM before Honorable David O. Carter. (dmjr, ) |
| Filing 736 NOTICE OF MOTION AND MOTION for Reconsideration of courts findings of fact dated 8/10/04 filed by counter defendant Marina Landscape Inc. Motion set for hearing on 9/15/2004 at 08:30 AM before Honorable David O. Carter. (dmjr, ) |
| Filing 735 MINUTES OF In Chambers before Judge David O. Carter: Setting briefing schedule for motions for reconsideration of the Court's Phase 2 Findings of Fact and Conclusions of Law. Any motions for reconsideration of the Court's Findings of Fact and Conclusions of Law from Phase 2 of the trial are due no later than 8/24/04. Oppositions to such motions are due on 8/31/04. Replies are due on 9/8/04. Hearing date for such motions shall be 9/15/04 at 8:30amCourt Reporter: Not Present. (mt, ) |
| Filing 734 FINDINGS OF FACT AND CONCLUSIONS OF LAW IN PHASE 2 OF TRIAL. (esa, ) |
| Filing 733 RESPONSE filed by Plaintiff Mitsubishi Caterpillar Forklift America Inc to In Chambers Conference #731 (dmjr, ) |
| Filing 732 RESPONSE filed by Defendants C Richard Cowan, Ziba Cowan, Counter Defendant Power Lift LLC to In Chambers Conference #731 (dmjr, ) |
| Filing 731 MINUTES OF In Chambers before Judge David O. Carter: Requesting Information. (See document for specifics)Court Reporter: Not Present. (mt, ) |
| Filing 730 PROCESS RECEIPT AND RETURN (USM-285) - Levy; party served R&R Real Estate Company LP c/o C Richard Cowan; served on 5/9/03, mail 5/9/03; Original writ of attachment returned (mt, ) |
| Filing 729 RECEIPT FOR REPORTERS TRANSCRIPT of proceedings for the following dates: 8/11/03 Court Reporter: D Gale (mt, ) |
| TRANSCRIPT filed for proceedings held on 8/11/04. Court Reporter: Debbie Gale. (mt, ) |
| Filing 728 RECEIPT FOR REPORTERS TRANSCRIPT of proceedings for the following dates: 12/22/03 Vol II, 12/22/03 Vol IV, 12/23/03 Vol I, 12/29/03 Vol I, 12/29/03 Vol III, 12/30/03 Vol II. Court Reporter: D Gale (mt, ) |
| Filing 727 RECEIPT FOR REPORTERS TRANSCRIPT of proceedings for the following dates: 1/15/04, 1/20/04, 1/22/04, 2/19/04, 2/20/04, 2/24/04, 2/27/04 Court Reporter: D Gale (mt, ) |
| Filing 726 RECEIPT FOR REPORTERS TRANSCRIPT of proceedings for the following dates: 3/1/04, 3/4/04, 3/9/04 Court Reporter: D Gale (mt, ) |
| TRANSCRIPT filed for proceedings held on 1/22/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 1/15/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 1/20/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 3/1/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 2/19/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 3/4/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 3/9/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 2/24/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 2/20/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 12/29/03 Volume III. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 12/30/03 Volume II. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 12/23/03 Volume I. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 12/29/03 Volume I. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 2/27/04. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 12/22/03 Vol II. Court Reporter: Debbie Gale. (mt, ) |
| TRANSCRIPT filed for proceedings held on 12/22/03 Volume IV. Court Reporter: Debbie Gale. (mt, ) |
| PLACED IN FILE - NOT USED re Proposed Order Directing counsel for MCFA to meet and confer with counsel for the phase 2 defendants to organize trial exhibits for the courts use in deciding the case submitted by Defendants (csb, ) |
| Filing 725 LIST OF Exhibits admitted in Phase II of Trial filed by Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 724 RESPONSE to defendants' EX PARTE APPLICATION for Order directing MCFA's counsel to meet and confer with defense counsel to organize trial exhibits for the court 723 ; declaration of Richard B Specter filed by Mitsubishi Caterpillar Forklift America Inc. (mt, ) |
| Filing 723 EX PARTE APPLICATION for Order directing MCFA's counsel to meet and confer with defense counsel to organize trial exhibits for the court; declaration of Thomas M Robins III filed by the Cowan-Parties Lodged proposed order. (mt, ) |
| Filing 722 MINUTES OF 21th Day Court Trial (Phase 2) held before Judge David O. Carter: Exhibits identified and admitted. Further closing arguments made by plaintiff and defendants. Submitted. Court Reporter: Deborah Parker; Debbie Gale. (mt, ) |
| Filing 721 MINUTES OF 20th day Court Trial (Phase 2) held before Judge David O. Carter: Exhibits identified and admitted. Defendant(s) rests. Closing arguments made by plaintiff and defendants. Case continued to 3/24/2004 08:00 AM for further trial. Court Reporter: Deborah Parker. (mt, ) |
| Filing 720 MINUTES OF 19th day Court Trial (Phase 2) held before Judge David O. Carter: Witness Robert Cowan re-called & testified. Exhibits identified and admitted. Case continued to 3/23/2004 08:30 AM for further trial. Court Reporter: Debbie Gale. (mt, ) |
| Filing 719 RECEIPT FOR REPORTERS TRANSCRIPT of proceedings for the following dates: 1/20/04 Court Reporter: M Beesley (mt, ) |
| TRANSCRIPT filed for proceedings held on 1/20/04. Court Reporter: Maria Beesley. (mt, ) |
| Filing 718 MINUTES OF 18th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 3/23/2004 08:00 AM for further trial. Court Reporter: Debbie Gale; Deborah Parker. (mt, ) |
| Filing 716 RECEIPT FOR REPORTERS TRANSCRIPT of proceedings for the following dates: 7/22/03, 7/24/03. Court Reporter: Deborah D Parker (mt, ) |
| TRANSCRIPT filed for proceedings held on 7/22/04. Court Reporter: Deborah D Parker. (mt, ) |
| TRANSCRIPT filed for proceedings held on 7/24/04. Court Reporter: Deborah D Parker. (mt, ) |
| Filing 717 MINUTES OF 17th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 3/9/2004 08:00 AM for further trial. Court Reporter: Debbie Gale; Jane Sutton. (mt, ) |
| Filing 715 MINUTES OF 16th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 3/4/2004 08:00 AM for further trial. Oral motion pursuant to Rule 52(c) as to defendant Josef Cowan is DENIED. Court Reporter: Debbie Gale; Jane Sutton. (mt, ) |
| Filing 714 MINUTES OF 15th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 3/1/2004 10:00 AM for further trial. Court Reporter: Debbie Gale; Jane Sutton. (mt, ) |
| Filing 713 MINUTES OF 14th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 2/27/2004 08:00 AM for further trial. Court Reporter: Deborah Parker; Maria Beesley. (mt, ) |
| Filing 712 MINUTES OF 13th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 2/26/2004 08:00 AM for further trial. Court Reporter: Jane Sutton. (mt, ) |
| Filing 711 MINUTES OF 12th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 2/25/2004 01:30 PM for further trial. Court Reporter: Debbie Gale. (mt, ) |
| Filing 710 MINUTES OF 11th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 2/24/2004 08:00 AM for further trial. Court Reporter: Debbie Gale; Jane Sutton. (mt, ) |
| Filing 709 MINUTES OF 10th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 2/20/2004 08:00 AM for further trial. Court Reporter: Jane Sutton; Debbie Gale. (mt, ) |
| Filing 708 WRIT of execution Returned (mt, ) |
| Filing 707 WRIT of execution Returned (mt, ) |
| Filing 706 MINUTES In Chambers ; Subsequent to the telephone conference with counsel on 1/28/04, it has come to the court's attention that a criminal matter has precedence on 2/10/04. Therefore, the trial in this matter will not be able to resume as had been planned on 2/10/04. Counsel should arrange for a teleconference with the court, at which time the court will be able to verify whether or not the criminal matter is in fact going forward. The clerk shall serve this minute order on all parties to the action. Telephone Conference set for 2/10/2004 05:00 P.M. (PDT); before Honorable David O. Carter. Court Reporter: not present. (twdb, ) |
| Filing 705 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 1/23/04 Court Reporter: Sharon A. Seffens (weap, ) |
| TRANSCRIPT filed for proceedings held on 1/23/04. Court Reporter: Sharon A. Seffens. (weap, ) |
| Filing 701 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 1/15/04 Court Reporter: Sharon A. Seffens. (weap, ) |
| TRANSCRIPT filed for proceedings held on 1/15/04. Court Reporter: Sharon A. Seffens. (weap, ) |
| Filing 704 MINUTES OF (9th day ) Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 1/28/2004 05:00 PM for a Telephone Status Conference re trial schedule. Court Reporter: Sharon Seffens. (mt, ) |
| Filing 703 MINUTES OF 8th day Court Trial (Phase 2) held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 1/23/2004 08:00 AM for further trial. Court Reporter: Debbie Gale; Jane Sutton. (mt, ) |
| Filing 702 MINUTES In Chambers; 6th Day court trial (phase 2). Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued for further trial. Trial set for 1/21/2004 08:00 AM before Honorable David O. Carter. Court Reporter: Debbie Gale; Maria Beesley. (twdb, ) |
| Filing 700 MINUTES OF Court Trial (Phase 2) (5th day )held before Judge David O. Carter: Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 1/20/2004 08:00am for further trial. Court Reporter: Debbie Gale; Sharon Seffens. (mt, ) |
| Filing 699 JOINT OBJECTIONS to certain materials in MCFA trial binders Nos 1-2 filed by Counter Defendant Marina Landscape Inc. (mt, ) |
| Filing 698 MINUTES OF Court Trial (Phase 2) - 4th Day held before Judge David O. Carter: Argument by counsel. Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to a date to be determined by Court for further trial. Court Reporter: Jane Sutton & Debbie Gale. (mt) |
| Filing 697 MINUTES OF Court Trial (Phase 2) - 3rd Day held before Judge David O. Carter: Argument by counsel. Exhibits identified. Witnesses called, sworn & testified. Case continued to 12/30/2003 08:00am for further trial. Court Reporter: Debbie Gale & Jane Sutton. (mt) |
| Filing 696 MINUTES OF Court Trial (Phase 2) - 2nd Day held before Judge David O. Carter: Opening statements made by defendants. Argument by counsel. Exhibits identified. Case continued to 12/29/2003 08:00am for further trial. Court Reporter: Debbie Gale & Jane Sutton. (mt) |
| Filing 695 OBJECTIONS filed by defendants to designation by MCFA of deposition testimony of Lloyd Knapp (mt) |
| Filing 694 MINUTES 1st day court trial held by Judge David O. Carter: Opening statements made by plaintiff and defendants. Case continued to 12/23/03 at 8:00am for further trial. CR: Debbie Gale & Jane Sutton (mt) |
| Filing 693 SUPPLEMENT LIST OF NON-IMPEACHMENT WITNESSES by defendant Marina Landscape Inc (mt) |
| Filing 692 SUPPLEMENT TO EXHIBIT LIST by defendant Marina Landscape Inc (mt) |
| Filing 691 ATTORNEY SUBSTITUTION: terminating Frandzel Robins Bloom & Csato LC for Robert B Cowan by Robert B Cowan and substituting Atkinson Andelson Loya Ruud & Romo attorney Mark T Palin. Approved by Judge David O. Carter (mt) |
| Filing 690 LIST OF EXHIBIT AND WITNESSES (mt) |
| Filing 689 RECEIPT FOR REPORTER'STRANSCRIPT of proceedings for the following date(s): 12/1/03 CR: D Gale (mt) |
| TRANSCRIPT filed for proceedings held on 12/1/03 (mt) |
| Filing 688 MINUTES Status/Pretrial Conference held by Judge David O. Carter: Court trial (Phase 2) presently set for 12/22/03 at 1:30pm remains. Ex parte motion by MCFA for ruling on MCFA's motion to amend trial to name Alter Ego defendants as judgment debtors [683-1] is DENIED. CR: Debbie Gale (mt) |
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Filing 687
STIPULATION and ORDER by Judge David O. Carter dismissing without prejudice the Post Confirmation Committee's Claims contained in the second amended counterclaim ; all parties bear their own fees and costs (mt)
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| Filing 686 OPPOSITION by defendants to MCFA's ex parte application for ruling on MCFA's motion to amend trial to name Alter Ego defendants as judgment debtors [683-1] (mt) |
| Filing 685 ADDITIONAL OPPOSITION by defendants to MCFA's ex parte application for ruling on MCFA's motion to amend trial to name Alter Ego defendants as judgment debtors [683-1] (mt) |
| Filing 684 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar Forklift America Inc in support of ex parte motion for ruling on MCFA's motion to amend trial to name Alter Ego defendants as judgment debtors [683-1] (mt) |
| Filing 683 EX PARTE MOTION filed by Mitsubishi Caterpillar Forklift America Inc for ruling on MCFA's motion to amend trial to name Alter Ego defendants as judgment debtors (mt) |
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Filing 681
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering ex parte motion for ruling submitted received on 12/4/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (mt)
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| Filing 682 NOTICE OF STATUS CONFERENCE by Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 680 MINUTES of motion hearing held by Judge David O. Carter: Motion by Cowan defendants for relief [660-1] and for reconsideration [660-2] and clarification of order adopting in part the 6/20/03 ruling and recommendation by the special master on sanctions motions filed 10/23/03 [660-3]. Tentative ruling issued to counsel, copy attached. Motion taken under submission. Court sets Pretrial Conference regarding Phase 2 on 12/8/03 at 8:00am. All lead counsel are ordered to be present. CR: Debbie Gale (mt) |
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Filing 678
ORDER by Judge David O. Carter denying motion for relief [660-1] and reconsideration [660-2] (see document for specifics) (mt)
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| PLACED IN FILE - NOT USED: [Proposed] Amended Judgment; lodged 11/03/03 (ln) |
| PLACED IN FILE - NOT USED: [Proposed] Amended Judgment; lodged 10/27/03 (ln) |
| Filing 679 REPLY by C Richard Cowan, R&R Real Estate to MCFA's opposition to their motion for relief under FRCP 52(b), 59(a)(e) [660-1] and reconsideration [660-2] and clarification of order adopting in part the 6/20/03 ruling and recommendation by the special master on sanctions motion filed 10/23/03 [660-3] (mt) |
| Filing 676 MINUTES (In Chambers) by Judge David O. Carter: denying Mitsubishi Caterpillar Forklift America Inc's motion to correct judgment to state true names of judgment debtors [655-1]. CR: Not Present (mt) |
| Filing 675 MINUTES (In Chambers) by Judge David O. Carter: denying Richard Cowan's and Ziba Cowan's motion for new trial [658-1], or in the alternative, to alter or amend judgment [650-1] [658-2]. CR: Not Present (mt) |
| Filing 674 MINUTES (In Chambers) by Judge David O. Carter: granting in part and denying in part Mitsubishi Caterpillar Forklift America Inc motion to amend or alter judgment [652-1]; or for relief from judgment based on clerical error [652-2]; or for relief from judgment based on mistake [652-3]; and to enter final judgment [652-4]. CR: Not Present (mt) |
| Filing 667 MINUTES (In Chambers) by Judge David O. Carter: Taking Motion by Cowan defendants for relief [660-1] and reconsideration [660-2] and clarification of order adopting in part the 6/20/03 ruling and recommendation by the special master on sanctions motion filed 10/23/03 [660-3] under submission. Hearing set for 12/1/03 is removed from Court's calendar. Parties will be served with the Court's ruling. CR: Not Present (mt) |
| Filing 677 NOTICE OF ERRATA by Post-Confirmation Committee of Creditors of Power Lift LLC correcting opposition to MCFA's motion to correct judgment to state true names of judgment debtors [665-1]; declaration of Bradley E Brook (mt) |
| Filing 673 REPLY by Mitsubishi Caterpillar Forklift America Inc to opposition of Richard Cowan and R&R Real Estate LP to motion to correct judgment to state true names of judgment debtors [655-1] (mt) |
| Filing 672 REPLY by Mitsubishi Caterpillar Forklift America Inc to opposition of Cowan parties to MCFA's motion to amend or alter judgment [652-1]; for relief from judgment based on clerical error [652-2]; for relief from judgment based on mistake [652-3]; and for entry of final judgment [652-4] (mt) |
| Filing 671 OPPOSITION by Mitsubishi Carterpillar Forklift America Inc to motion of C Richard Cowan and R&R Real Estate LP for relief from [660-1], and reconsideration [660-2] and clarification of order adopting in part the 6/20/03 ruling and recommendation by the special master on sanctions motion [660-3] (mt) |
| Filing 670 MEMORANDUM IN REPLY by C Richard Cowan, Ziba Cowan to opposition of MCFA to their motions for new trial [658-1] or, alternative, to alter or amend judgment [650-1] [658-2] (mt) |
| Filing 669 REPLY by Mitsubishi Carterpillar Forklift America Inc to opposition of Post Confirmation Committee of Unsecured Creditors of Power Lift LLC to MCFA's motion to correct judgment to state true names of judgment debtors [655-1] (mt) |
| Filing 668 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar Forklift America Inc in reply to opposition of Post-Confirmation Committee of Unsecured Creditors of Power Lift LLC to MCFA's motion to correct judgment to state true names of judgment debtors [655-1] (mt) |
| Filing 666 NOTICE OF JOINDER AND JOINDER by Power Lift LLC in opposition of Richard Cowan, Ziba Cowan, Power Lift Corporation, and R&R Real Estate to MCFA's motion to amend or alter judgment [652-1]; or for relief from judgment based on clerical error [652-2]; or for relief from judgment based on mistake [652-3]; and enter final judgment [652-4] (mt) |
| Filing 665 OPPOSITION by Post-Confirmation Committee of Unsecured Creditors of Power Lift LLC to MCFA's motion to correct judgment to state true names of judgment debtors [655-1]; declaration of Bradley E Brook (mt) |
| Filing 664 DECLARATION of Gregory B Scarlett by plaintiff Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 663 OPPOSITION by plaintiff Mitsubishi Caterpillar Forklift America Inc to motion fo C Richard Cowan and Ziba Cowan for new trial [658-1], or alternatively, to alter or amend judgment [658-2] (mt) |
| Filing 662 OPPOSITION by defendants C Richard Cowan, Ziba Cowan, Power Lift Corporation, R&R Real Estate to MCFA's motion to amend or alter judgment [652-1]; or for relief from judgment based on clerical error [652-2]; or for relief from judgment based on mistake [652-3]; and enter final judgment [652-4] (mt) |
| Filing 661 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by defendants C Richard Cowan, Ziba Cowan, R&R Real Estate LP to MCFA's motion to correct judgment to state true names of judgment debtors [655-1] (mt) |
| Filing 660 NOTICE OF MOTION AND MOTION by defendants C Richard Cowan, Ziba Cowan, R&R Real Estate for relief under FRCP 52(b), 59(a)(e) and for reconsideration and clarification of order adopting in part the 6/20/03 ruling and recommendation by the special master on sanctions motion filed 10/23/03 ; memorandum of points and authorities; declaration of Thomas M Robins III; motion hearing set for 8:30 12/1/03 (mt) |
| Filing 659 NOTICE OF TRIAL by counter-defendant Marina Landscape Inc (mt) |
| Filing 658 NOTICE OF MOTION AND MOTION by C Richard Cowan, Ziba Cowan for new trial and/or, in the alternative, to alter or amend judgment [650-1] ; memorandum of points and authorities; motion hearing set for 8:30 11/24/03 (mt) |
| Filing 657 DECLARATION of Jim P Mahacek by plaintiff, defendant, and counter-claimant Mitsubishi Caterpillar Forklift America Inc n support of motion to correct judgment to state true names of judgment debtors [655-1] (mt) |
| Filing 656 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff, defendant and counter-claimant Mitsubishi Caterpillar Forklift America Inc of motion to correct judgment to state true names of judgment debtors [655-1] (mt) |
| Filing 655 NOTICE OF MOTION AND MOTION by plaintiff, defendant and counter-claimant Mitsubishi Caterpillar Forklift America Inc to correct judgment to state true names of judgment debtors ; motion hearing set for 8:30 11/24/03; Lodged proposed amended judgment (mt) |
| Filing 652 NOTICE OF MOTION AND MOTION by plaintiff Mitsubishi Caterpillar Forklift America Inc to amend or alter judgment ; or for relief from judgment based on clerical error ; or for relief from judgment based on mistake and enter final judgment ; motion hearing set for 8:30 11/24/03; Lodged judgment (mt) |
| Filing 654 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar Forklift America Inc in support of motion to amend or alter judgment [652-1]; or for relief from judgment based on clerical error [652-2]; or for relief from judgment based on mistake [652-3]; and enter final judgment [652-4] (mt) |
| Filing 653 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by Mitsubishi Caterpillar Forklift America Inc of motion to amend or alter judgment [652-1]; or for relief from judgment based on clerical error [652-2]; or for relief from judgment based on mistake [652-3]; and enter final judgment [652-4] (mt) |
| PLACED IN FILE - NOT USED lodged ruling and recommendations on motions for sanctions against Cowan parties for abuse of discovery process (mt) |
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Filing 651
ORDER by Judge David O. Carter adopting in part the 6/20/03 ruling and recommendation by the Special Master on sanctions motion (mt)
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Filing 650
JUDGMENT AND ORDER by Judge David O. Carter: It is ordered and adjudged: a. MCFA is entitled to recover $14,422,968.62 from Power Lift LLC and Power Lift Corporation, jointly and severally; b. MCFA is entitled to recover $5,000,000 from Richard and Ziba Cowan, jointly and severally. Payment on the personal guaranties shall reduce, dollar for dollar, the amount owed by Power Lift LLC and Power Lift Corporation to MCFA; c. No party shall recovery punitive damages; and d. Each party shall bear their own attorneys' fees and costs. (mt)
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| Filing 649 FINDINGS of fact and conclusions of law by Judge David O. Carter (see document for specifics) (mt) |
| Filing 648 ATTORNEY SUBSTITUTION: terminating attorney Thomas M Robins III for Josef M Cowan by counter-defendant Josef M Cowan and substituting attorney James F McGee. Approved by Judge David O. Carter (mt) |
| Filing 647 MINUTES status conference re: arbitration held by Judge David O. Carter: Court sets Phase 2 of the Court trial on 11/25/03 at 8:30am. CR: Debbie Gale (mt) |
| Filing 646 NOTICE OF TRIAL by plaintiff Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 645 RECEIPT FOR REPORTER'S TRANSCRIPT of proceedings for the following date(s): 7/1/03 Vol II, 7/2/03 Vol I, 7/3/03 Vol I, 7/15/03 Vol II, 7/16/03 Vol II, 7/17/03 Vol I, 7/18/03 Vol II, 7/23/03 Vol I, 7/24/03 Vol I, 7/25/03 Vol II (Re: [581-1]) CR Jane Sutton (mt) |
| Filing 644 RECEIPT FOR REPORTER'S TRANSCRIPT of proceedings for the following date(s): 7/30/03 Vol I, 7/31/03 Vol II (Re: [581-1]) CR: Jane Sutton (mt) |
| TRANSCRIPT filed for proceedings held on 7/2/03 Volume I (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/3/03 Volume I (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/30/03 Volume I (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/15/03 Volume II (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/1/03 Volume II (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/31/03 Volume II (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/16/03 Volume II (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/24/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/23/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/25/03 Volume II (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/18/03 Vol II (mt) |
| TRANSCRIPT filed for proceedings held on 7/17/03 Vol I (mt) |
| Filing 642 RECEIPT FOR REPORTER'S TRANSCRIPT of proceedings for the following date(s): 7/25/03 Vol 1, 7/30/03 Vol 2, 7/31/03 Vol 1 (Re: [581-1]) CR: D Gale (mt) |
| Filing 641 RECEIPT FOR REPORTER'S TRANSCRIPT of proceedings for the following date(s): 7/1/03 vol 1, 7/1/03 vol 3, 7/2/03 vol 2, 7/3/03 vol 2, 7/15/03 vol 1, 7/16/03 vol 1, 7/18/03 vol 1, 7/22/03 vol 1, 7/22/03 hearing, 7/24/03 vol 2 (Re: [581-1]) CR: D Gale (mt) |
| TRANSCRIPT filed for proceedings held on 7/18/03 vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/22/03 vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/22/03 (mt) Modified on 09/16/2003 |
| TRANSCRIPT filed for proceedings held on 7/3/03 vol II (mt) |
| TRANSCRIPT filed for proceedings held on 7/15/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/24/03 vol II (mt) |
| TRANSCRIPT filed for proceedings held on 7/16/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/31/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/25/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/30/03 Vol II (mt) |
| TRANSCRIPT filed for proceedings held on 7/2/03 Vol II (mt) |
| TRANSCRIPT filed for proceedings held on 7/1/03 Vol I (mt) |
| TRANSCRIPT filed for proceedings held on 7/1/03 Vol III (mt) |
| Filing 643 NOTICE OF RULING RE: motion for review of ruling of magistrate judge Nakazato granting motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 by Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 639 MINUTES (in chambers): Court DENIES motion for review and reverse erroneous ruling by magistrate judge on post-judgment enforcement motion brought by MCFA (FRCP 72(a) [613-1]; by Judge David O. Carter CR: none present (see document for details) (ln) |
| Filing 640 STATUS REPORT by plaintiff Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 636 MINUTES (In Chambers) by Judge David O. Carter: taking motion by Judgment Debtor Power Lift Corporation to review and reverse erroneous ruling by magistrate judge on post-judgment enforcement motion brought by MCFA (FRCP 72(a) [613-1] under submission CR: Not Present (mt) |
| Filing 637 DECLARATION of Jim P Mahacek by plaintiff Mitsubishi Caterpillar Forklift America Inc in support of abstract of judgment/order (mt) |
| ABSTRACT OF JUDGMENT issued for Mitsubishi Caterpillar Forklift America Inc against Power Lift Corporation and Power Lift LLC, jointly and severally in the amount of $13,257,704.79 principal (mt) |
| Filing 638 JOINDER by Post-Confirmation Committee of Unsecured Creditors of Power Lift LLC joining in R&R's motion for review and reverse erroneous ruling by magistrate judge Nakazato to granting motion for order directing transfer of property pursuant to CCP Section 699.040 [613-1] (mt) |
| Filing 635 REPLY by Power Lift Corp to MCFA's opposition to motion to review and reverse erroneous ruling by magistrate judge [613-1] (mt) |
| Filing 634 OPPOSITION by Mitsubishi Caterpillar Forklift America Inc to motion for review of ruling of magistrate judge Nakazato granting motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 (mt) |
| Filing 633 ACKNOWLEDGEMENT OF PARTIAL SATISFACTION OF JUDGMENT by Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 630 RESPONSE by Cowan Parties to MCFA settlement status pleading [629-1] (mt) |
| Filing 627 MINUTES (In Chambers) by Judge David O. Carter: Denying Committee's request for status conference. CR: Not Present (mt) |
| Filing 632 RESPONSE by counter-claimant Mitsubishi Cater to Committee's report re settlement status and request for status conference [629-1] (shb) |
| Filing 631 NOTICE by defendant Ziba Cowan, counter-defendant Power Lift Corp of Lodging of Notice of Related Cases and Request for Ruling in Case No CV 03-5220-GHK assigned to the Honorable George H King (shb) |
| Filing 629 COMMITTEE'S REPORT Re Settlement Status and REQUEST for Status Conference (mch) |
| Filing 628 DECLARATION of Thomas M Robins III Re late filing of proposed amended joint findings of fact and conclusions of law on behalf of LLC, PLC and the Cowans (mch) |
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Filing 625
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering proposed amended joint LLC PLC and Cowan parties findings of fact & conclusions of lawsubmitted received on 8/11/03 to be lodged and processed; filing date to be the date the doc was stamped "received but not filed" w/the Clerk (mt)
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| Filing 626 NOTICE OF ERRATA by Power Lift Corp re motion to review and reverse erroneous ruling by magistrate judge on post-judgment enforcement motion brought by MCFA (FRCP 72(a) [613-1] (mt) |
| Filing 619 MINUTES judgment debtor examination of Robert Cowan held by Discovery Arthur Nakazato: No appearance made on behalf of the plaintiff. Court discharges Robert Cowan from this pending judgment debtor proceeding and orders that the judgment debtor examination be removed from the Court's calendar this date. Tape No.: SA03-35 (mt) |
| Filing 614 COURT REQUESTED BRIEF FILED by plaintiff Mitsubishi (pj) |
| Filing 613 NOTICE OF MOTION AND MOTION by counter-defendant Power Lift Corp for review and reverse erroneous ruling by magistrate judge on post-judgment enforcement motion brought by MCFA (FRCP 72(a) ; motion hearing set for 8:30 9/8/03 (pj) |
| Filing 617 ATTORNEY SUBSTITUTION: terminating Josef M Cowan by counter-defendant Marina Landscape Inc in 8:01-cv-00815 and substituting attorney O'Melveny & Myers LLP by Judge David O. Carter (pj) |
| Filing 612 MINUTES: JURY TRIAL 13TH DAY; Witnesses re-called and testified. Exhibits identified and admitted. Closing arguments made by Plaintiff, Defendant and Counterdefendant. Revised Findings, conclusions of law & judgment to be prepared by August 7, 2003. Submitted. Renewed motion by Capello & McCann to withdraw as Counsel of Record for Power Lift LLC is submitted ; trial held 7/31/03 by Judge David O. Carter CR: Debbie Gale; Jane Sutton (pj) |
| Filing 611 MINUTES: COURT TRIAL; Witnesses re-called & tesitied. Exhibits identified and admitted. Case continued to 8:30 7/31/03 for further trial by Judge David O. Carter CR: Jane Sutoon; Debbie Gale (pj) |
| Filing 607 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [581-1] 03-56270 (pjap) |
| Appeal Fee Paid re [581-1] fee in amount of $ 105.00 (receipt #44827) (weap) |
| Filing 610 MINUTES: 11th day court trial. Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued for further trial. Trial set on 8:30 7/30/03 ; by Judge David O. Carter, CR: Debbie Gale; Jane Sutton (twdb) |
| Filing 605 BRIEF IN RESPONSE by plaintiff Mitsubishi regarding brief regarding Bankruptcy Plan [589-1] (pj) |
| Filing 604 BRIEF IN REPONSE FILED by plaintiff Mitsubishi regarding brief regarding settlement negotiaions[603-1] (pj) |
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Filing 603
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering brief in response; brief in re submitted received on 7/25/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pj)
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| Filing 606 MINUTES: COURT TRIAL 10TH DAY; Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 7/25/03 at 8:30am for further trial by Judge David O. Carter CR: Jane Sutton; Debbie Gale; Deborah Parker (pj) |
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Filing 593
ORDER by Discovery Arthur Nakazato granting Mitsubishi's motion for order directing transfer of property in aid of enforcement of judgment in its entirety. Power Life shall immediately transfer to the custody of the levying officer the original promissory note DATED April 1, 2001 from R&R to Power Lift in the fact amount of $431,365.06 [556-1] (pj)
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| Filing 624 ATTORNEY SUBSTITUTION: terminating Josef M Cowan by counter-defendant Robert and Lisa in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 623 ATTORNEY SUBSTITUTION: terminating Josef M Cowan by counter-defendant Richard and Ziba in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 622 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for R & R Real Estate Co in 8:01-cv-00815 by counter-defendant R & R Real Estate Co in 8:01-cv-00815 and substituting attorney Thomas M Robins by Judge David O. Carter (pj) |
| Filing 621 ATTORNEY SUBSTITUTION: terminating Josef N Cowan by counter-defendant Marina Invest Co Inc in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 620 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Marina Investment in 8:01-cv-00815 by counter-defendant Marina Investment in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 618 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Lisa J Cowan in 8:01-cv-00815 by counter-defendant Lisa J Cowan in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 616 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for C Richard Cowan in 8:01-cv-00815 by defendant C Richard Cowan in 8:01-cv-00815 and substituting attorney Thomas M Robins by Judge David O. Carter (pj) |
| Filing 615 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Robert B Cowan in 8:01-cv-00815 by counter-defendant Robert B Cowan in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 609 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Ziba Cowan in 8:01-cv-00815, attorney Josef M Cowan for Ziba Cowan in 8:01-cv-00815 by counter-defendant Ziba S Cowan in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 608 ATTORNEY SUBSTITUTION: terminating In Pro Per Josef M Cowan in 8:01-cv-00815 by counter-defendant Josef M Cowan in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 602 MINUTES: Court Trial 9th day; Witnesses called, Exhibits identified and admitted. Case continued to 8:00 7/24/03 by Judge David O. Carter CR: Jane Sutton (pj) |
| Filing 599 PROOF OF SERVICE by miscellaneous Post-Confirmation on 7/22/03 of brief re consideration for Power Lift Bankruptcy Plan (pj) |
| Filing 598 PROOF OF SERVICE by miscellaneous Post-Confirmation on 7/22/03 of brief re settlement negotiations and current settlement with Cowan parties (pj) |
| Filing 597 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for La Mirada DSS in 8:01-cv-00815 by counter-defendant La Mirada DSS in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 596 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Marina Contractors aka or rka Marina Landscape Inc in 8:01-cv-00815 by counter-defendant Marina Contractors in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David Carter (pj) |
| Filing 595 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Ventura Material in 8:01-cv-00815 by counter-defendant Ventura Material in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David O. Carter (pj) |
| Filing 594 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Cowan Holdings LLC in 8:01-cv-00815 by counter-defendant Cowan Holdings LLC in 8:01-cv-00815 and substituting attorney Thomas M Robins III by Judge David Carter (pj) |
| Filing 601 MINUTES: COURT TRIAL 8TH DAY; Witnesses called. Exhibits identified and admitted. Case continined to 8:30 7/23/03 by Judge David O. Carter CR: Debbie Gale; Deborah Parker (pj) |
| Filing 600 MINUTES: The matter is called. Further argument by counsel. Matter taken under submission by Judge David O. Carter CR: Debbie Gale (pj) |
| Filing 590 BRIEF RE SETTLEMENT NEGOTIATIONS AND CURRENT SETTLEMENT WITH COWAN PARTIES FILED by Post-Confirmation Committee (pj) |
| Filing 589 BRIEF RE BANKRUPTCY PLAN AND ITS PROVISIONS FILED by miscellaneous Post-Confirmation (pj) |
| Filing 592 MINUTES: The matter is called The matter is continued. IN COURT HEARING RE: On Objections to ruling and recommendation on motion for sanctions against Cowan parties; for abuse of discovery process dated June 20, 2003 set on 8:00 7/22/03 by Judge David O. Carter CR: Debbie Gale (pj) |
| Filing 591 MINUTES: COURT TRIAL 7TH DAY; Witnesses called, sworn & testified, exhibits identified and admitted. Case continued on 8:30 7/22/03 for further trial by Judge David O. Carter CR: Debbie Gale; Jane Sutton; Deborah Parker (pj) |
| Filing 588 MINUTES: Court Trial 6th day; Opening Statements made by Power Lift LLC. Witness Richard Cowan re-called and testified. Exhibits identified and admitted ; trial set on 8:30 7/18/03 by Judge David O. Carter CR: Jane Sutton (pj) |
| Filing 587 MINUTES: Court trial 5th day; Witness Richard Cowan re-called and testified. Exhibits identified and admitted; trial set on 8:30 7/17/03 by Judge David O. Carter CR: Debbie Gale, Jane Sutton, Deborah Parker (pj) |
| Filing 585 PROOF OF SERVICE by counter-claimant Power Lift Corp on 6/18/03 of writ of execution (yc) |
| Filing 584 USM Form 285 Writ serve at Power Lift Corp. date of service 7/2/03 ; Rmk 7/2/03 mailed 7/2/03 (yc) |
| Filing 583 PROOF OF SERVICE by counter-defendant R & R Real Estate Co on 6/18/03 of Writ of execution, etc (yc) |
| Filing 582 USM Form 285 writ serve at R&R real estate company. date of service 7/2/03. remarks: Served on 7/2/03 mailed on 7/2/03 (yc) |
| Filing 586 MINUTES: COURT TRIAL 4TH DAY; Witness Richard Cowan re-called and testified. Exhbiits identified and admitted Case continued to 8:30 7/16/03 by Judge David O. Carter CR: Debbie Gale and Jane Sutton (pj) |
| Filing 581 NOTICE OF APPEAL by counter-defendant Power Lift Corp (PLC) to 9th C/A from Dist. Court Minutes filed on 6/13/03 and entered on 6/16/03 [548-1] (cc: Thomas M. Robins, III; Dickie McCarney & Chilcote; Corbet & Steelman; Bradley E. Brook; Callahan & Blaine; Capello & McCann) Fee: Billed (consolidated with SA CV 01-1084) (weap) Modified on 07/17/2003 |
| REMARK - CAD (Civil Appeals Docketing Statement fwd to 9thcca) (weap) |
| Filing 580 REPRESENTATION STATEMENT by defendant C Richard Cowan (yc) |
| Filing 579 ATTORNEY SUBSTITUTION: terminating Thomas M Robinson III of FRandzel robins Blloom & Castro by counter-defendant Marina Landscape Inc in 8:01-cv-00815 and substituting attorney Phillip R Kaplan of O'Melyeny & Myers by Judge David O. Carter (yc) |
| Filing 578 REPLY by counter-defendant Marina Landscape Inc memorandum in support of its objections to ruling and recommendation of discovery referee on motion for sanctions against Cowan parties for abuse of discovery process [519-1]dtd June 20,2003; Reply declaration of Robert B Cowan; Declaration of Phillip R Kaplan. (yc) |
| Filing 577 REPLY by C Richard Cowan, Robert C Cowan, Power Lift Corp R&R Real Estate and Marina Investment Group aka Marina Invest Co Inc to oppositions of MCFA and The Committe to the objections to ruling and recommendation on motion for sanctions dated June 20,2003;[565-1]: Declaration to Thomas M Robins III. (yc) |
| Filing 576 ATTORNEY SUBSTITUTION: terminating attorney Lawrence S Grosberg for Power Lift Corp in 8:01-cv-00815, by plaintiff and counter-defendant Power Lift Corp in 8:01-cv-00815, and substituting attorney Thomas M Robins III by Judge David Carter (yc) |
| Filing 575 REPLY by plaintiff Mitsubishi to opposition of motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [556-1] (yc) |
| Filing 574 DECLARATION of Gregory B. Scarlett by plaintiff Mitsubishi in support of reply to opposition to motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [556-1]: REquest for judicial notice. (yc) |
| Filing 573 TRIAL briefs re Lay Opinion testimony and summary of business records submitted by defendant C Richard Cowan, defendant Ziba Cowan (pj) |
| Filing 572 TRIAL brief re Parol evidence rule issues submitted by plaintiff Mitsubishi (pj) |
| Filing 571 MANDATE from Circuit Court of Appeals: Appellant's motion to dismiss this appeal is GRANTED (pj) |
| Filing 570 CERTIFIED COPY of Appellate Court Order: Applellants' motion to dismiss this appeal is granted [467-1] 03-55763 (pj) |
| Filing 569 RESPONSE by miscellaneous Post-Confirmation Committee of Unsecured Creditors of Power Lift LLC to objections to ruling and recommendations on motion for sanctions against Cowan parties for abuse of discovery process [519-1] (pj) |
| Filing 565 OPPOSITION filed by plaintiff Mitsubishi to objections of "Cowan Parties" to ruling and recommendations of discovery referee for sanctions against the Cowan parties for abuse of discovery processs dated June 20, 2003 (pj) |
| Filing 568 MINUTES: Court Trial third day; Witnesses called, sworn and testified. Exhibits identified and admitted; Case continued to 8:00 7/15/03 for further trial by Judge David O. Carter CR: Jane Sutton and Debbie Gale (pj) |
| Filing 564 OPPOSITION by counter-defendant Power Lift Corp to motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [556-1] (pj) |
| Filing 567 MINUTES: Court Trial Second day; Witnesses called, sworn and testified. Exhibits identified and admitted Case continued to 1:30 7/3/03 by Judge David O. Carter CR: Jane Sutton and Debbie Gale (pj) |
| Filing 566 MINUTES: Jury Trial First Day ; Opening statements made by Plaintiff and Defendants. Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff rests. Oral motion of defendants for judgment as a matter of law. Court declines ruling until all evidence is presented. DENYING application to w/draw atty as counsel of record for Power Lift LLc by Cappello & McCann [553-1]. Case continued to July 2, 2003 at 8:00 a.m. for further trial by Judge David O. Carter CR: Debbie Gale and Jane Sutton (pj) |
| Filing 563 OPPOSITION by Creditor Post-Confirmation to motion to w/draw atty as counsel of record for Power Lift LLc by Cappello & McCann [553-1] (pj) |
| Filing 562 OBJECTIONS AND NOTICE OF HEARING ON OBJECTIONS TO RULING AND RECOMMMENDATIONS ON by counter-defendant Power Lift Corp, counter-defendant Power Lift LLC motion for sanctions against Cowan parties for abuse of discovery process [519-1] (pj) |
| Filing 561 NOTICE OF NON-OPPOSITION by counter-defendant Power Lift Corp, counter-defendant Robert B Cowan to application to w/draw atty as counsel of record for Power Lift LLc by Cappello & McCann [553-1] (pj) |
| Filing 560 NOTICE OF ASSOCIATION of Counsel for plaintiff & counterdefendant Power Lift Corp, by Grosberg & Associates 6500 Wilshire Boulevard, 16th floor, Los Angeles, 90048 (twdb) |
| REMARK - Lodged CC 9th CCA order, appeal dismissed. (03-55763) (wdc) |
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Filing 559
ORDER by Judge David O. Carter granting ex parte application for order shortening time to file and hear application to withdraw as counsel of record for Power Lift LLC [554-1]; Hearing on application to withdraw as counsel of record for Power Lift LLC by Cappello & McCann [553-1] set for 8:30am on 7/1/03. Any opposition is due by 6/30/03 (mt)
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| Filing 558 DECLARATION of Rhonda Chin by plaintiff Mitsubishi in support of Mitsubishi Caterpillar Forklift America Inc.'s motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [556-1] (twdb) |
| Filing 557 DECLARATION of Gregory B. Scarlett by plaintiff Mitsubishi in support of Mitsubishi Caterpillar Forklift America Inc.'s motion for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [556-1] (twdb) |
| Filing 556 NOTICE OF MOTION AND MOTION by plaintiff Mitsubishi for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 ; Memorandum of points and authorities; Motion hearing set for 10:00 7/17/03. Lodged Proposed order (twdb) |
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Filing 555
ORDER by Judge David O. Carter: DENIED [PROPOSED] order re ex parte application for status conference [551-1] (mt)
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| Filing 554 EX PARTE APPLICATION filed by counter-defendant Power Lift LLC for order shortening time to file and hear application to withdraw as counsel of record for Power Lift LLC ; Memorandum of points and authorities; Declaration of Matthew M. Clarke. Lodged Proposed order (twdb) |
| Filing 553 NOTICE OF APPLICATION AND APPLICATION filed by defendant, plaintiff and counter-defendant Power Lift LLC to w/draw atty as counsel of record for Power Lift LLc by Cappello & McCann (twdb) |
| Filing 552 STATEMENT by Cown-Related Parties with respect to ex parte application for status conference [551-1] (mt) |
| Filing 551 EX PARTE APPLICATION REQUEST filed by Mitsubishi Caterpillar Forklift America Inc for status conference ; proposed order (mt) |
| Filing 550 APPLICATION, DECLARATION AND ORDER FOR APPEARANCE AND EXAMINATION by plaintiff; judgment debtor examination of Robert Cowan set for 10:00am on 8/7/03 before Magistrate Judge Arthur Nakazato (mt) |
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Filing 549
ORDER by Discovery Arthur Nakazato: DENIED [proposed] order re Mitsubishi Caterpillar Forklift America Inc's ex parte application for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [543-1] (mt)
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| Filing 548 MINUTES (In Chambers) by Judge David O. Carter: denying Power Lift's motion to deem judgment fully satisfied [498-1] CR: Not Present (mt) |
| Filing 547 OBJECTIONS filed by Mitsubishi Caterpillar to evidence improperly submitted with Power Lift Corporation's reply brief in support of motion to deem judgment satisfied [498-1] (mt) |
| Filing 546 OPPOSITION by Power Lift Corp to ex parte application of MCFA for order directing that PLC transfer custody of promissory note and deem MCFA to be holder/owner thereof [543-1] (mt) |
| Filing 542 MINUTES (In Chambers) by Judge David O. Carter: Taking motion by Power Lift Corporation to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] under submission. CR: Not Present (mt) |
| Filing 545 DECLARATION of Gregory B Scarlett by Mitsubishi Caterpillar in support of Mitsubishi Caterpillar Forklift America Inc's ex parte application for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [543-1] (mt) |
| Filing 544 DECLARATION of Rhonda Chin by Mitsubishi Caterpillar in support of Mitsubishi Caterpillar Forklift America Inc's ex parte application for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 [543-1] (mt) |
| Filing 543 EX PARTE APPLICATION filed by Mitsubishi Caterpillar for order directing transfer of property pursuant to California Code of Civil Procedure Section 699.040 ; memorandum of points and authorities; Lodged order (mt) |
| Filing 537 MINUTES (In Chambers) by Judge David O. Carter: Notice of continuance of court trial. Please take notice that on the Court's own motion, the Court trial previously set for 5/27/03 at 8:30am is continued to 7/1/03 at 8:30am. CR: Not Present (mt) |
| Filing 541 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar in support of abstract of judgment/order (mt) |
| Filing 540 PROOF OF SERVICE by Power Lift Corp on 6/9/03 of reply of judgment debtor Power Lift Corporation to opposition to motion to deem Cat Finance judgment fully satisfied; (see document for further details) (mt) |
| Filing 539 EXHIBITS 7 to 16 in support of reply concerning motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] by Power Lift Corp (mt) |
| Filing 538 REPLY by Power Lift Corp to opposition to motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1]; declaration of Michael Gerard Fletcher; request for judicial notice (mt) |
| Filing 536 AFFIDAVIT of Gregory B Scarlett and request for issuance of writ of execution (mt) |
| Filing 535 INDEX OF EXHIBITS by Mitsubishi Caterpillar in support of reply brief for MCFA's motion for sanctions against Cowan parties for abuse of discovery process [519-1] (mt) |
| Filing 534 REPLY BRIEF by Mitsubishi Caterpillar in support of motion for sanctions against Cowan parties for abuse of discovery process [519-1] (mt) |
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Filing 533
ORDER by Judge David O. Carter re imposition of FRCP 37 sanctions. It is hereby ordered that Richard Cowan, Josef Cowan, Robert Cowan, Power Lift Corporation, R&R Real Estate Company, and Marina Landscaping Company Inc jointly and severally pay to Mitsubishi Caterpillar Forklift America Inc the sum of $253,589.30 forthwith. Said sum to bear interest of the legal rate from and after the date of the entry of this order until paid. This order constitutes a final judgment and said sums are immediately due and payable. (mt)
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Filing 532
ORDER by Judge David O. Carter granting leave to the Cowans to file limited opposition to MCFA's fee motion [517-1] (mt)
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| Filing 531 AMENDED PROOF OF SERVICE by Mitsubishi Caterpillar on 6/2/03 re objections to declaration of Enrique Rodriguez in support of Power Lift Corporation's motion to deem judgment satisfied (mt) |
| Filing 530 AMENDED PROOF OF SERVICE by Mitsubishi Caterpillar on 6/2/03 re opposition to motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied (mt) Modified on 06/06/2003 |
| Filing 529 AMENDED PROOF OF SERVICE by Mitsubishi Caterpillar on 6/2/03 re plaintiff's request for jududicial notice in support of separate judgment against Power Lift Corporation fully satisfied (mt) |
| Filing 528 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by C Richard Cowan, Ziba Cowan, Power Lift Corp to motion for sanctions against Cowan parties for abuse of discovery process [519-1]; declarations of Thomas M Robins III, Michael Gerard Fletcher, and Josef M Cowan (mt) |
| Filing 527 REQUEST by Mitsubishi Caterpillar for Judicial Notice in support of opposition to motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] (mt) |
| Filing 526 OPPOSITION by Mitsubishi Caterpillar to motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] (mt) |
| Filing 525 OBJECTIONS filed by Mitsubishi Caterpillar to declaration of Enrique Rodriguez in support of Power Lift Corporation's motion to deem judgment satisfied [502-1] (mt) |
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Filing 524
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering objections to declaration of Enrique Rodriguez submitted received on 6/2/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (mt)
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| Filing 523 DECLARATION of Jason A Archinaco by Mitsubishi Cater in support of Mitsubishi Caterpillar Forklift America Inc's motion for attorneys' fees and costs [505-1] (mt) |
| Filing 522 OPPOSITION by Mitsubishi Cater to Cowans' ex parte application for leave to present limited opposition to motion for attorneys' fees and costs [517-1] (mt) |
| Filing 521 USM Form 285 - PROCESS RECEIPT AND RETURN - Levy: Party served: Power Lift Corporation (Agent for Service of Process: Josef Cowan) on 5/9/03; mailed 5/9/03 (mt) |
| Filing 520 INDEX OF EXHIBITS by Mitsubishi Caterpillar to notice of motion and motion for sanctions against Cowan parties for abuse of discovery process [519-1] (mt) |
| Filing 519 NOTICE OF MOTION AND MOTION by Mitsubishi Caterpillar for sanctions against Cowan parties for abuse of discovery process ; motion hearing set for 10:00 6/6/03 (mt) |
| Filing 518 DECLARATION of Richard B Specter by Mitsubishi Caterpillar in support of Mitsubishi Caterpillar Forklift America Inc's motion for attorneys' fees and costs [505-1] (mt) |
| Filing 517 EX PARTE APPLICATION filed by C Richard Cowan, Josef M Cowan for leave to present limited opposition to motion for attorneys' fees and costs ; declaration of Thomas M Robins III; Lodged proposed order (mt) |
| Filing 516 OPPOSITION by Mitsubishi Caterpillar to ex parte application for order shortening time for hearing on motion to deem Caterpillar Financial judgment satisfied and/or in the alternative to stay enforcement of judgment proceedings until such motion is finally determined [499-1] (mt) |
| Filing 515 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar in support of Mitsubishi Caterpillar Forklift America Inc's opposition to ex parte application for order shortening time for hearing on motion to deem Caterpillar Financial judgment satisfied and/or in the alternative to stay enforcement of judgment proceedings until such motion is finally determined [499-1] (mt) |
| Filing 514 NOTICE OF ELECTION of Power Lift LLC disbursement agent under confirmed bankruptcy plan of reorganization to have Power Lift LLC's claims against MCFA asserted by interest holders Power Lift Corp, the Richard and Ziba Family Trust, and The Robert and Lisa Family Trust (mt) |
| Filing 513 DECLARATION of Thomas M Robins III by Power Lift Corp in reply to the opposition of MCFA to Power Lift Corp's ex parte application to shorten time and/or stay enforcement of judgment [499-1] (mt) |
| Filing 512 NOTICE OF changed hearing date on PLC motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] filed by C Richard Cowan, Ziba Cowan (mt) |
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Filing 511
ORDER by Judge David O. Carter: DENIED [proposed] order re ex parte application for order (1) shortening time for hearing on notice of PLC motion to deem CFSC judgment satisfied or (2) staying enforcement of the CFSC judgment pending hearing on such motion [499-1] (mt)
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| Filing 509 DECLARATION of Paul W Chandler by Mitsubishi Caterpillar Forklift America Inc in support of motion for attorneys' fees and costs [505-1] (mt) |
| Filing 508 DECLARATION of Jason A Archinaco by Mitsubishi Caterpillar Forklift America Inc in support of motion for attorneys' fees and costs [505-1] (mt) |
| Filing 507 DECLARATION of Ronald G Patton by Mitsubishi Caterpillar Forklift America Inc in support of motion for attorneys' fees and costs [505-1] (mt) |
| Filing 506 DECLARATION of Charles Strong by Mitsubishi Caterpillar Forklift America Inc in support of motion for attorneys' fees and costs [505-1] (mt) |
| Filing 505 NOTICE OF MOTION AND MOTION by Mitsubishi Caterpillar Forklift America Inc for attorneys' fees and costs ; No hearing required (mt) |
| Filing 504 EXHIBITS 1 TO 6 by Power Lift Corp in support of motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] (mt) |
| Filing 503 DECLARATION RE PROOF OF SERVICE by Power Lift Corp on 5/19/03 of motion to deem separate judgment against Power Lift Corporation fully satisfied (mt) |
| Filing 502 DECLARATION of Enrique Rodriguez by Power Lift Corp in support of motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] (mt) |
| Filing 501 DECLARATION of C Richard Cowan by Power Lift Corp in support of motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] (mt) |
| Filing 500 DECLARATION of Michael Gerard Fletcher by Power Lift Corp in support of motion to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied [498-1] (mt) |
| Filing 499 EX PARTE APPLICATION filed by Power Lift Corp for order shortening time for hearing on motion to deem Caterpillar Financial judgment satisfied and/or in the alternative to stay enforcement of judgment proceedings until such motion is finally determined ; Lodged proposed order (mt) |
| Filing 498 NOTICE OF MOTION AND MOTION by Power Lift Corp to deem Caterpillar Financial separate judgment against Power Lift Corporation fully satisfied ; motion hearing set for 8:30 6/16/03 (mt) |
| Filing 510 MINUTES (In Chambers) by Judge David O. Carter: Denying Mitsubishi's ex parte application for clarification of defendants' affirmative defenses as stated in final pretrial conference order contradicted by this Court's order of 2/13/03 [492-1] CR: Not Present (mt) |
| Filing 497 JOINT OPPOSITION by Power Lift Corp, C Richard Cowan to MCFA's ex parte application for clarification of defendants' affirmative defenses as stated in final pretrial conference order contradicted by this Court's order of 2/13/03 [492-1] (mt) |
| COSTS taxed for defendant Caterpillar Financial Services in the amount of $ 25,703.55 against Power Lift Corp and Power Lift LLC; bill of cost hearing held (mt) |
| Filing 496 NOTICE OF ERRATA by Mitsubishi Caterpillar Forklift America Inc correcting ex parte application for clarification of defendants' affirmative defenses as stated in final pretrial conference order contradicted by this Court's order of 2/13/03 [492-1] (mt) |
| Filing 495 PROOF OF SERVICE re R&R Real Estate Company LP on 4/24/03, 5/9/03 of writ of attachment (mt) |
| Filing 494 PROOF OF SERVICE on 4/24/03, 5/9/03, re Power Lift Corporation of writ of attachment (mt) |
| Filing 483 NOTIFICATION by Circuit Court of Appellate Docket Number appeal [467-1] 03-55763 (pjap) |
| Filing 493 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar Forklift America Inc in support of ex parte application for clarification of defendants' affirmative defenses as stated in final pretrial conference order contradicted by this Court's order of 2/13/03 [492-1] (mt) |
| Filing 492 EX PARTE APPLICATION filed by Mitsubishi Caterpillar Forklift America Inc for clarification of defendants' affirmative defenses as stated in final pretrial conference order contradicted by this Court's order of 2/13/03 (mt) |
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Filing 488
ORDER by Judge David O. Carter for service of process by registered process server (see document for specifics) (mt)
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| Filing 487 MINUTES: (In Clerk's Office). The Clerk, being in receipt of Defendant Caterpillar Financial Services' Notice of application re: Bill of Costs [447-1] (filed 4/22/03) and Plaintiff/Counter-defendant Power Lift Corporation's opposition, hereby takes the hearing date of 5/16/03 off calendar. The matter shall be submitted on the papers. (NO APPEARANCE IS NECESSARY.) CR: Not Present (mt) |
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Filing 486
ORDER by Judge David O. Carter expunging notice of pending action (lis pendens) regarding real property commonly known as 14815 Firestone Boulevard, La Mirada, CA 90638 [445-1] (mt)
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Filing 485
ORDER by Judge David O. Carter expunging notice of pending action (lis pendens) regarding real property commonly known as 1110 East Katella Avenue, Anaheim, CA 92805 [445-1] (mt)
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Filing 484
ORDER by Judge David O. Carter expunging notice of pending action (lis pendens) regarding real Property commonly known as 8314 Slauson Avenue, Pico River, CA 90660 [445-1] (mt)
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| Appeal Fee Paid re [467-1] fee in amount of $ 105.00 (receipt #39393) (weap) |
| Filing 491 PROOF OF SERVICE by counter-defendant R & R Real Estate Co on 5/13/03 of notice of presentation and lodging of proposed orders implementing the Court's 5/5/03 Order Granting R&R's motion to expunge notices of pending actio; (see document for specifics) (mt) |
| Filing 490 NOTICE of presentation and lodging of proposed orders implementing the Court's 5/5/03 order granting R&R's motion to expunge notices of pending actionby counter-defendant R & R Real Estate Co (mt) |
| Filing 489 NOTICE OF ASSOCIATION of Counsel for plaintiff and counter-defendant Power Lift Corporation by attorney Lawrence S. Grosberg (mt) |
| PLACED IN FILE - NOT USED lodged proposed order granting motion for additional motion for additional findings and amending judgment entered on 3/27/03 FRCP 52(b) AND 59(e) (mt) |
| Filing 482 MINUTES: Hearing held by Judge David O. Carter: (1) motion by C Richard Cowan and Josef M Cowan for reconsideration and relief [422-1]; (2) Motion by Cowan Defendants for hearing on objections to Discovery Referee's 3/19/03 recommended order [399-1]; (3) Motion by Mitsubishi Caterpillar Forklift America and objection to ruling to MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and the refusal to comply with this Court's order dated 3/19/03 [354-1]; (4) Motion by R&R Real Estate to expunge lis pendens, recorded against three properties by the Trustee [445-1]; (5) Status conference re: Trial schedule. Tentative rulings issued to counsel, a copy attached hereto. Court rules in accordance with tentative ruling on motion by R&R Real Estate to Expunge Lis Pendens recorded against three properties by the Trustee. Court GRANTS IN PART and DENIES IN PART this motion. Order signed and filed this date. All remaining motions are taken under submission. Cour trial, presently set for 5/13/03 at 8:30am is continued to 5/27/03 at 8:30am. Court sets a telephone status conference re trial schedule on 5/21/03 at 12:00pm. Counsel shall initiate the conference. CR: Debbie Gale (mt) |
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Filing 481
FINAL ORDER by Judge David O. Carter granting in part and denying in part R&R Real Estate's motion to expunge lis pendens [445-1] (mt)
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Filing 480
ORDER by Judge David O. Carter granting in part and denying Cowans' motion for reconsideration [422-1] and objections to discovery Referee's Recommended Order; denying MCFA's motion to impose terminating sanctions [354-1] (mt)
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| Filing 479 JOINT STATUS CONFERENCE REPORT of the Cowan-Related Parties and Power Lift Corporation (mt) |
| Filing 478 AMENDED PROOF OF SERVICE by Power Lift LLC to notice of joinder in the motion by Power Lift Corp for additional findings under FRCP 52(b) and to alter/amend judgment under FRCP 59(e) [466-1] (mt) |
| Filing 477 MINUTES (In Chambers) by Judge David O. Carter: Granting in part and denying in part Power Lift Corporation's motion for additional findings under FRCP 52(b) and/or to alter or amend judgment under FRCP 59(e) [443-1], AND Granting Caterpillar Financial Services Corporation's motion to set attorneys' fees [448-1] (see document for specifics) CR: Not Present (mt) |
| Filing 476 MINUTES (In Chambers) by Judge David O. Carter: Remanding Trustee's motion for reconsideration of Referee's ruling [419-1] (see document for specifics) CR: Not Present (mt) |
| Filing 475 NOTICE OF JOINDER by Caterpillar Fin Svc to opposition of MCFA re motion for additional findings under FRCP 52(b) and/or to alter or amend judgment under FRCP 59(e) [443-1] (mt) |
| Filing 473 MINUTES by Judge David O. Carter: The Clerk, upon concurrence with counsel of record, hereby continues the Cost Bill hearing from 5/2/03 to 5/16/03 at 2:00pm. CR: n/a (mt) |
| Filing 474 OSEF COWAN'S OPPOSITION to MCFA's objection to his motion re discovery order [399-1] (mt) |
| Filing 472 REPLY by defendants C Richard Cowan, Ziba Cowan to motion for reconsideration and relief under FRCP 52(b), 59(a) and 59(e) [422-1] (twdb) |
| Filing 471 MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY by counter-defendant R & R Real Estate Co to Trustee's opposition to motion to expunge lis pendens, recorded against three properties by the Trustee [445-1] (twdb) |
| Filing 470 STATUS CONFERENCE REPORT by plaintiff Mitsubishi Caterpillar Forklift America Inc (twdb) |
| Filing 469 REPLY of plaintiff Mitsubishi, counter-defendant Power Lift Corp to Opposition of MCFA to Motion for Additional Findings Under FRCP 52(b) and/or to Alter or Amend Judgment Under FRCP 59(e)[443-1]; declaration of Thomas M Robins, III (ln) |
| Filing 468 REPRESENTATION STATEMENT re appeal [467-1] (dlu) |
| Filing 467 NOTICE OF APPEAL by defendant C Richard Cowan, counter-defendant C Richard Cowan, counter-defendant Josef M Cowan, counter-claimant C Richard Cowan to 9th C/A from Dist. Court order filed 3/26/03 [407-1] (cc: Frandzel, Robins Bloom & Csato, L.C.; Dickie McCarney & Chilcote, P.C. Corbett & Steelman; Brook Hochman LLP; Grosberg & Associates; Callahan & Blaine; Capello & McCann) Fee: Billed. (consolidated case SACV 01-1084 DOC) (dlu) Modified on 04/28/2003 |
| Filing 466 NOTICE OF JOINDER by defendant Power Lift LLC in the motion by Power Lift Corp for additional findings under FRCP 52(b) and/or to alter or amend judgment under FRCP 59(e) [443-1] (mt) |
| Filing 465 REPLY by defendant, counter-claimant and counter defendant C Richard Cowan and Ziba Cowan and other related Cowan parties to opposition of MCFA to Cowan's motion for hearing on objections of Richard Cowan and Josef Cowan to Discovery Referee's 3/19/03 recommended order [399-1] (mt) |
| REMARK - CAD (Civil Appeals Docketing Statement fwd to 9th CCA) (dlu) |
| Filing 464 PROOF OF SERVICE by plaintiff Mitsubishi, counter-defendant Power Lift Corp on 4/23/03 of Opposition to Caterpillar Financial Services Corporation's Notice of Application Re: Bill of Costs and Notice of Motion and Motion to Set Attorney's Fees at $363,510.89; Declaration of Lawrence S Grosberg (ln) |
| Filing 463 NOTICE of refiling of declaration of Michael Gerard Fletcher, including request for judicial notice, in opposition to MCFA'S application for right to attach order erroneously filed in wrong action by defendants C Richard Cowan, Ziba Cowan (twdb) |
| Filing 462 DECLARATION of Bradley E. Brook by Howard M Ehrenberg in support of trustee's memorandum of points and authorities in opposition to motion to expunge lis pendens, recorded against three properties by the Trustee [445-1] (twdb) |
| Filing 461 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by Howard M Ehrenberg to motion to expunge lis pendens, recorded against three properties by the Trustee [445-1]. Declaration of Gregory King. (twdb) |
| Filing 460 MEMORANDUM OF POINTS AND AUTHORITIES by defendants, counter-claimants and Argument of Richard Cowan and Josef Cowan's in Opposition to Trustee's motion for reconsideration of Discovery Referee's Ruling (and Court's 03/26/03 Order) [419-1]; Declaration of Michael Gerard Fletcher (ln) |
| Filing 459 OPPOSITION by plaintiff Mitsubishi, counter-defendant Power Lift Corp to Caterpillar Financial Services Corporation's Notice of Applicaiton re: Bill of Costs and Notice of Motion and Motion to set attorneys' fees at $363,510.89 [448-1] (ln) |
| Filing 458 REPLY by Mitsubishi Caterpillar to Cowan's opposition to MCFA's objections to Discovery Referee's 3/19/03 recommended order [399-1] (mt) |
| Filing 457 RESPONSE by Mitsubishi Caterpillar to Trustee's motion for reconsideration of order adopting Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this Court's order [419-1] (mt) |
| Filing 456 JOINDER by Mitsubishi Caterpillar joining in Caterpillar Financial Services' notice of motion and motion to set attorneys' fees [448-1] (mt) |
| Filing 455 OPPOSITION by Mitsubishi Caterpillar to Cowans' motion for reconsideration [422-1] (mt) |
| Filing 454 OPPOSITION by Mitsubishi Caterpillar to motion for additional findings under FRCP 52(b) and/or to alter or amend judgment under FRCP 59(e) [443-1]; declaration of Gregory B Scarlett in support thereof (mt) |
| Filing 453 REPLY by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC in support of motion for reconsideration of order adopting Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this Court's order [419-1] (mt) |
| Filing 452 PROOF OF SERVICE by defendant, counter-claimant and counter defendant C Richard Cowan and Ziba Cowan and other related Cowan parties on 4/17/03 of notice of opposition to right to attach order and claim of exemption (attachment) (see document for further details) (mt) Modified on 04/21/2003 |
| Filing 451 DECLARATION of Michael Gerard Fletcher including request for judicial notice in opposition to MCFA's application for right to attach order by defendant, counter-claimant and counter defendant C Richard Cowan and Ziba Cowan and other related Cowan parties (mt) |
| Filing 450 DECLARATION of Ziba Cowan by defendants Ziba Cowan in opposition to MCFA's application for right to attach order (mt) |
| Filing 449 DECLARATION of C Richard Cowan by defendants in opposition to MCFA's application for right to attach order (mt) |
| Filing 448 NOTICE OF MOTION AND MOTION by Caterpillar Financial Svc to set attorneys' fees at $363,510.89 ; declaration of Jonathan M Jenkins; motion hearing set for 8:30 5/5/03 (mt) |
| Filing 447 NOTICE OF APPLICATION RE BILL OF COSTS by Caterpillar Financial Service re [406-1]; bill of cost hearing set on 11:00 5/2/03 (mt) |
| Filing 446 MINUTES (In Chambers) by Judge David O. Carter: Please take notice that on the Court's own motion, the status conference presently set for 4/28/03 at 8:30am is continued to 5/5/03 at 8:30am. CR: Not Present (mt) |
| Filing 445 NOTICE OF MOTION AND MOTION by R & R Real Estate to expunge lis pendens, recorded against three properties by the Trustee ; memorandum of points and authorities; declaration of Thomas M Robins III; motion hearing set for 8:30 5/5/03 (mt) |
| Filing 444 AFFIDAVIT of Gregory B Scarlett and request for issuance of writ of execution; Lodged proposed order (mt) |
| Filing 443 NOTICE OF MOTION AND MOTION by Power Lift Corp for additional findings under FRCP 52(b) and/or to alter or amend judgment under FRCP 59(e) ; memorandum of points and authorities and declaration of Lawrence S Grosberg in support thereof; motion hearing set for 8:30 5/5/03 Lodged proposed order (mt) |
| Filing 442 PROOF OF SERVICE by Power Lift Corp on 4/8/03 of notice of motion and motion for additional findings under FRCP 52(b) and/or to alter or amend judgment under FRCP 59(e); memorandum of points and authorities and declaration of Lawrence S Grosberg in support thereof (mt) |
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Filing 435
ORDER by Judge David O. Carter: DENIED [proposed] order granting ex parte application for stay of execution on 3/26/03 order (FRCP 62(b) [417-1] (mt)
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| Filing 441 NOTICE OF ERRATA by Cowan parties with respect to the Cowans' notice of motion and motion for reconsideration and relief under FRCP 52(b), 59(a) and 59(e) [422-1] (mt) |
| Filing 440 MEMORANDUM OF POINTS AND AUTHORITIES AND ARGUMENT IN OPPOSITION by Richard Cowan, Joseph Cowan to Trustee's objection to Discovery Referee's ruling (and court's 3/26/03 order) [419-1]; declaration of Thomas M Robins III (mt) |
| Filing 439 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by Cowan related parties to MCFA's objection to ruling on its emergency motion to impose terminating sanctions and request for imposition of additional sanctions [400-1] (mt) |
| Filing 438 SUGGESTION BY THE COWANS that their motion for reconsideration and relief under FRCP 52(b), 59(a) and 59(e) [422-1] be heard 4/28/03 with other related motions. Current date: 5/5/03; Suggested new date: 4/28/03 (mt) |
| Filing 437 AMENDED NOTICE OF motion and motion for hearing on objections of Richard Cowan and Josef Cowan to Discovery Referee's 3/19/03 recommended order [399-1]; memorandum of points and authorities; declaration of Thomas M Robins III filed by defendant, counter-claimant and counter defendant C Richard Cowan, counter-defendant Josef M Cowan (mt) |
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Filing 434
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering amend notice of motion for hearing on objections submitted received on 4/7/03 to be filed and processed; filed date to be the date the document was stamped "received but not filed" w/the Clerk ; All motions shall be heard 5/5/03, pursuant to minute order dated 4/7/03. Document is modified to reflect 5/5/03 hearing date (mt)
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| Filing 433 MINUTES (In Chambers) by Judge David O. Carter: Moving all motions regarding Discovery Referee's findings from 4/28/03 to 5/5/03 at 8:30am. CR: Not Present (mt) |
| Filing 432 RESPONSE by Mitsubishi Caterpillar to Trustee's objections to Discovery Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this Court's order [419-1] (mt) |
| Filing 431 OPPOSITION by Mitsubishi Caterpillar to Cowans' motion for hearing on objections of Richard Cowan and Josef Cowan to Discovery Referee's 3/19/03 recommended order [399-1] (mt) |
| Filing 430 JOINT APPENDIX filed pursuant to stipulation volume 5 of 5 by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 429 JOINT APPENDIX filed pursuant to stipulation volume 4 of 5 by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 428 JOINT APPENDIX filed pursuant to stipulation volume 3 of 5 by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 427 JOINT APPENDIX filed pursuant to stipulation volume 2 of 5 by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 426 JOINT APPENDIX filed pursuant to stipulation volume 1 of 5 by defendant, counter-claimant and counter defedant C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 425 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar in support of Mitsubishi's opposition to ex parte application for stay of execution/enforcement of 3/26/03 order re MCFA's emergency motion to impose terminating sanctions pending hearing on objections and FRCP 52(b), 59(a) and 59(e) motions [417-1] (mt) |
| Filing 424 OPPOSITION by Mitsubishi Caterpillar to ex parte application for stay of execution/enforcement of 3/26/03 order re MCFA's emergency motion to impose terminating sanctions pending hearing on objections and FRCP 52(b), 59(a) and 59(e) motions [417-1] (mt) |
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Filing 423
STIPULATION RE JOINT APPENDIX for Hearing on the Following Matters: (1) MCFA's Objection to Ruling on MCFA's Emergency Motion to Impose Terminating Sanctions, Etc., and Request for Imposition of Additional Sanctions; (2) Trustee's Objection to Discovery Referee's Ruling on MCFA Emergency Motion to Impose Terminating Sanctions; (3) Cowans' Motion for Hearing on Objections to Discovery Referee's 03/19/03 Recommended and ORDER by Judge David O. Carter: (see document for further directives and specifics) IT IS SO ORDERED (ln)
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| Filing 436 MINUTES telephonic status conference held by Judge David O. Carter: Court informs counsel that the Jury trial presently set for 5/13/03 at 8:30am remains at this time. Court sets a further status conference re: trial schedule on 4/28/03 at 8:30am. CR: Deborah Parker (mt) |
| Filing 422 NOTICE OF MOTION AND MOTION by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties for reconsideration and relief under FRCP 52(b), 59(a) and 59(e) ; memorandum of points and authorities and declaration of Thomas M Robins III in support thereof; motion hearing set for 8:30 5/5/03 (mt) |
| Filing 421 PROOF OF SERVICE by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties on 4/2/03 of notice of motion and motion for a reconsideration and relief under FRCP 52(a) and 59(e); (see document for further details) (mt) |
| Filing 420 PROOF OF SERVICE by Mitsubishi Caterpillar Forklift American Inc on 4/2/03 of assignment of judgment (mt) |
| Filing 419 NOTICE OF MOTION AND MOTION by Howard M Ehrenberg, Chapter 11 Trustee of Power Life LLC for reconsideration of order adopting Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this Court's order ; motion hearing set for 8:30 5/5/03 (mt) |
| WRIT OF EXECUTION Issued (mt) |
| Filing 418 ASSIGNMENT OF JUDGMENT by Caterpillar Financial Services (mt) |
| Filing 417 EX PARTE APPLICATION filed by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other Cowan related parties for stay of execution/enforcement of 3/26/03 order re MCFA's emergency motion to impose terminating sanctions pending hearing on objections and FRCP 52(b), 59(a) and 59(e) motions ; memorandum of points and authorities; declaration of Thomas M Robins III; Lodged proposed order (mt) |
| Filing 416 PROOF OF SERVICE by defendant, counter-claimant and counter defendant C Richard Cowan, Ziba Cowan and other related Cowan parties on 4/2/03 of ex parte application for stay of execution/enforcement of 3/26/03 order; (see document for further details) (mt) |
| Filing 415 NOTICE of pendency of action by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 414 NOTICE of pendency of action by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 413 NOTICE of pendency of action by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 412 NOTICE of pendency of action by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 411 PROCESS RECEIPT AND RETURN USM Form 285 - writ of attachment; Party served: Union Bank of California; Served on 3/13/03; Mailed on 3/13/03 (mt) |
| Filing 410 PROCESS RECEIPT AND RETURN USM Form 285 - writ of attachment; Party served World Savings; Served on 3/13/03; Mailed on 3/13/03 (mt) |
| Filing 409 PROCESS RECEIPT AND RETURN - USM Form 285 - writ of attachment; Served California Center Bank; Served on 3/13/03; mailed on 3/13/03 (mt) |
| Filing 408 AMENDED NOTICE of hearing on Trustee's objection to Discovery Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order [403-1]; Olde date: 4/14/03; New date: 4/28/03 8:30am (mt) |
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Filing 407
RULING on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order by Judge David O. Carter (see document for specifics) (mt)
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Filing 406
JUDGMENT AND ORDER by Judge David O. Carter: It is hereby ordered, adjudged, and decreed that Caterpillar Financial Services Inc shall recover as and against Power Lift Corporation and Power Lift LLC, jointly and severally, the unpaid balance of the 1994 loan of $656,326.57 and the unpaid balance of the 1997 loan of $12,601,370.22 for a total sum of $13,257,704.79. Caterpillar Financial Services Inc shall also have and recover against Power Lift Corporation and Power Lift LLC, jointly and severally, its attorneys fees and costs incurred herein in the sum to be determined by the Clerk. (mt)
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| Filing 405 AMENDED NOTICE OF motion and objection to Ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and the refusal to comply with this court's order dated 3/19/03; request for imposition of additional sanctions [400-1] filed by Mitsubishi Caterpillar (mt) |
| Filing 404 NOTICE OF NEW hearing on motion to determine objections to Discovery Referee's 3/19/03 proposed order [399-1] filed by C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 403 NOTICE of hearing by Howard M Ehrenberg on trustee's objection to Discovery Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order: Date: 4/14/03 at 8:30am (mt) |
| Filing 402 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar in support of objection to ruling on MCFA's emergency motion to impose terminating sanctions for the continual desruction of documents and the refusal to comply with this court's order dated 3/19/03 [400-1]; request for imposition of additional sanctions (mt) |
| Filing 401 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by Mitsubishi Caterpillar Forklift of objection to motion for an order amending the recommendations of the Discovery Master, the Honorable Edwin J Wallin, dated 3/19/03 by imposing terminating sanctions or such other lesser sanctions as are just and proper [400-1]; request for imposition of additional sanctions (mt) |
| Filing 400 NOTICE OF MOTION AND OBJECTION by Mitsubishi Caterpillar Forklift for an order amending the recommendations of the Discovery Master, the Honorable Edwin J Wallin, dated 3/19/03 by imposing terminating sanctions or such other lesser sanctions as are just and proper ; request for imposition of additional sanctions; motion hearing set for 8:30 4/28/03 (mt) |
| Filing 399 NOTICE OF MOTION AND MOTION by C Richard Cowan, Ziba Cowan and other related Cowan parties for hearing on objections of Richard Cowan and Josef Cowan to Discovery Referee's 3/19/03 recommended order ; memorandum of points and authorities; declaration of Thomas M Robins III; motion hearing set for 8:30 4/28/03 (mt) |
| Filing 398 REQUEST FOR SPECIAL NOTICE by Howard M Ehrenberg Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 397 TRUSTEE'S OBJECTIONS filed to Discovery Referee's ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order (mt) |
| Filing 395 NOTICE of intention to file objections and motion to seek determination of same with respect to Discovery Referee's proposed ruling on MCFA's emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order served 3/20/03 by C Richard Cowan, Ziba Cowan and other related Cowan parties (mt) |
| Filing 394 USM Form 285 - writ of attachment; party served: Union Bank of California, Legal Processing Department; Served on 3/7/03; Mailed on 3/7/03 (seal) |
| Filing 393 USM Form 285 - writ of attachment; party served: HarrisDirect; Served on 2/28/03; mailed on 2/28/03 (seal) |
| Filing 392 MINUTES (In Chambers) by Judge David O. Carter: denying joint request for hearing and ruling on motions in limine prior to 4/3/03 conference call. [391-1] CR: Not Present (mt) |
| Filing 391 STIPULATION and joint request filed for hearing and, if appropriate, ruling on motions in limine prior to 4/3/03 conference call (mt) |
| Filing 390 USM Form 285 - writ of attachment; party served: Salomon Smith Barney Inc c/o CT Corporation System; served on 2/25/03; mailed on 2/25/03 (mt) |
| Filing 389 USM Form 285 - writ of attachment; party served: IDS Life Insurance Company c/o CT Corporation Systems; served on 2/7/03; mailed on 2/7/03 (mt) |
| Filing 388 USM Form 285 - writ of attachment; party served: Bank of America Corporation c/o CT Corporation Systems; served on 2/26/03; mailed on 2/27/03 (mt) |
| Filing 387 USM Form 285 - writ of attachment; party served: Jaleh S Gregg; date of service 5/6/02; Remark: 5/6/02 copy of notice of levy sent to 3rd party bank account holder under writ of atta hold funds (mt) |
| Filing 386 USM Form 285 - writ of attachment; party served: Fidelity Investments Institutional Service Company Inc; Served on 2/25/03; mailed on 2/25/03 (mt) |
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Filing 385
ORDER on assertion of privilege as to Bate stamped documents nos. 00023690-00023696 and nos. 0002288-2296, and as to other documents by Judge David O. Carter (twdb)
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| Filing 384 MINUTES (in chambers): Court trial, formerly scheduled as Jury Trial presently set for 03/04/03 @ 8:30am, is continued to 8:30 5/13/03; Court sets a further telephonic status conference for 12:00 noon 4/3/03 ; counsel shall initiate conference; by Judge David O. Carter CR: none present (ln) |
| Filing 383 TRIAL brief submitted by Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 382 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW filed by Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 381 JOINT TRIAL brief submitted by Power Lift Corp, C Richard Cowan, Ziba Cowan (mt) |
| Filing 380 TRUSTEE'S TRIAL brief submitted by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 379 TRIAL brief (LR 16-9) submitted by Power Lift LLC (mt) |
| Filing 378 TRIAL brief (Local Rule 16-9) submitted by C Richard Cowan, Ziba Cowan and other related parties (mt) |
| Filing 377 MINUTES Pretrial Conference held by Judge David O. Carter: Court trial presently set for 3/4/03 at 8:30am remains. Court sets a telephonic status conference re trial status on 2/27/03 at 12:00 noon. Revised joint pretrial conference order signed and filed this date. CR: Jane Sutton (mt) |
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Filing 376
REVISED JOINT PRETRIAL CONFERENCE ORDER approved by Judge David O. Carter (see doc for specifics) (mt)
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| PLACED IN FILE - NOT USED lodged joint pretrial conference order (mt) |
| Filing 375 OPPOSITION by defendant C Richard Cowan, defendant Ziba Cowan to motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order [354-1] (twdb) |
| Filing 374 SUPPLEMENTAL MEMORANDUM OF RICHARD COWAN IN OPPOSITION by defendant C Richard Cowan, defendant Ziba Cowan to motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order [354-1] (twdb) |
| Filing 373 RESTATED DECLARATION of Thomas M. Robins, III by defendant C Richard Cowan, defendant Ziba Cowan (twdb) |
| Filing 372 REPLY by plaintiff Mitsubishi to Cowan's opposition to motion in limine #2 to exclude the Aug/Sept 2000 valuation analysis of Power Lift by Ernst & Young [316-1] (twdb) |
| Filing 371 REPLY by plaintiff Mitsubishi to Cowans' opposition to motion in limine #3 to exclude any matters between MCFA and its auditors, Ernst & Young involving Power Lift [317-1] (twdb) |
| Filing 370 REPLY by plaintiff Mitsubishi to opposition to emergency motion to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order [354-1] (twdb) |
| Filing 369 REPLY by plaintiff Mitsubishi to opposition to motion in limine #11 to preclude the introduction of any and all evidence and/or testimony re the Dec 2000 letter of intent (memo of understanding) [325-1] (twdb) |
| Filing 368 REPLY by plaintiff Mitsubishi to opposition to motion in limine #8 to exclude testimony of Rick Rodriguez [322-1] (twdb) (lwag). |
| Filing 367 REPLY by plaintiff Mitsubishi to opposition to motion in limine #9 to exclude testimony of Paul Crossland [323-1] (twdb) |
| Filing 366 REPLY by plaintiff Mitsubishi to opposition to motion in limine #7 to exclude testimony of Alan G Goedde [321-1] (twdb) |
| Filing 365 REPLY BRIEF by counter-claimant Mitsubishi Cater, counter-defendant Gregory King in support of motion in limine #1 to exclude evidence of damages related to the clarklift acquisition by Power Lift [315-1] (twdb) |
| Filing 364 REPLY BRIEF by counter-claimant Mitsubishi Cater, counter-defendant Gregory King in support of motion in limine #5 to exclude all references that MCFA was required to bring Power Lift to "Zero Net Equity" [319-1] (twdb) |
| Filing 363 REPLY BRIEF by counter-claimant Mitsubishi Cater, counter-defendant Gregory King in support of motion in limine #12 to exclude evidence of and reference to Caterpillar Inc [326-1] (twdb) |
| Filing 362 REPLY BRIEF by counter-claimant Mitsubishi Cater, counter-defendant Gregory King in support of motion in limine #4 to exclude evidence and reference to MCFA as an equity investor in Power Lift [318-1] (twdb) |
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Filing 361
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering MCFA's emergency motion submitted received on 2/13/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (mt)
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| PLACED IN FILE - NOT USED lodged proposed stmt of UFCL for dfts' motion for summary judgment on the 2nd amended complaint (mt) |
| Filing 360 MINUTES (in chambers): Crt is in receipt of MCFA's emergency mot to impose terminating sanctions & refusal to comply w/Crt's Ord; as Justice Wallin has previously been involved w/ptys discovery disputes, this mot shall also be heard by Justice Wallin; therefore, ptys are Ord to appear asap before Justice Wallin for hrg on emergency mot; by Judge David O. Carter CR: none present (see doc for fur specifics) (ln) |
| Filing 359 PROOF OF SERVICE by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 2/3/03 re notice of motion and motion in limine to exclude evidence of and reference to Caterpillar Inc; and decl of Mark M Monachino in support thereof (Motion in limine #12) (mt) |
| Filing 358 PROOF OF SERVICE by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 2/3/03 re notice of motion and motion in limine to exclude evidence and reference to MCFA as an equity investor in Power Lifet; and decl of Mark M Monachino in support thereof (Motion in limine #4) (mt) |
| Filing 357 PROOF OF SERVICE by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 2/3/03 re notice of motion and motion in limine to exclude all references that MCFA was required to bring Power Lift to "zero net equity"; and decl of Mark M Monachino in support thereof (motion in limine #5) (mt) |
| Filing 356 PROOF OF SERVICE by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 2/3/03 re notice of motion and motion in limine to exclude evidence of damages related to the Clarklift acquisition by Power Lift; and decl of Mark M Monachino in support thereof (Motion in limine #1) (mt) |
| Filing 355 PROOF OF SERVICE by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 2/3/03 re notice of motion and motion in limine to exclude reference or evidence of other litigation matters against Mitsubishi Caterpillar Forklift America Inc 9Motion in limine #6) (mt) |
| Filing 354 NOTICE OF MOTION AND EMERGENCY MOTION by MCFA to impose terminating sanctions for the continual destruction of documents and refusal to comply with this court's order ; motion hearing set for 8:30am 3/4/03 (mt) |
| PLACED IN FILE - NOT USED (Proposed) Statement of Uncontroverted Facts and Conclusions. (tso) |
| PLACED IN FILE - NOT USED - Stament of Uncontroverted Facts and Conclusions of Law. (tso) |
| PLACED IN FILE - NOT USED - Objections and Proposed Order re: Michael Gerard Fletcher. (tso) |
| PLACED IN FILE - NOT USED: Objections and Proposed Order re: Master (tso) |
| PLACED IN FILE - NOT USED: Objections nad Proposed ORder re: Joseph D. Carruth. (tso) |
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Filing 353
ORDER by Judge David O. Carter granting in part and denying in part dft Mitsubishi Caterpillar Forklift America, Thomas Labrador, and Gregory King's motion for summary judgment on Power Lift's 2nd amended complaint (mt)
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Filing 352
ORDER by Judge David O. Carter denying Mitsubishi Caterpillar Forklift America Inc and Chapter 11 Trustee's motion for summary judgment on alter ego claims [181-1]; Granting in part and denying in part Cowan-Related entities motion for summary judgment on alter ego claims [272-1] (mt)
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Filing 351
ORDER by Judge David O. Carter denying Mitsubishi Caterpillar Forklift America's motion for summary judgment on the MCFA Complaint; and granting in part and denying in part motion for partial summary judgment on the MCFA counterclaim (see doc for specifics) (mt)
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| Filing 350 NOTICE OF ERRATA by C Richard Cowan and other related Cowan Parties, Power Lift Corp with respect to joint witness list (witness of Cowan-related parties and Power Lift Corp) (mt) |
| Filing 349 MINUTES Pretrial Conference held by Judge David O. Carter: Pretrial Conference continued to 2/24/03 at 7:30am. All motions in limine previously notice for 2/24/03 at 8:30am will be heard on the date of trial, 3/4/03 at 8:30am. CR: Jane Sutton (mt) |
| Filing 348 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan parties to MCFA's motion in limine #1 to exclude evidence of damages related to the clarklift acquisition by Power Lift [315-1] (mt) |
| Filing 347 OPPOSITION by Power Lift Corp, C Richard Cowan and the other related Cowan parties to MCFA's motion in limine #2 to exclude the Aug/Sept 2000 valuation analysis of Power Lift by Ernst & Young [316-1] (mt) |
| Filing 346 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan parties to MCFA's motion in limine #3 to exclude any matters between MCFA and its auditors, Ernst & Young involving Power Lift [317-1] (mt) |
| Filing 345 OPPOSITION by Power Lift Corp, C Richard Cowan and the other related Cowan Parties to MCFA's motion in limine #4 to exclude evidence and reference to MCFA as an equity investor in Power Lift [318-1] (mt) |
| Filing 344 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan Parties to MCFA motion in limine #5 to exclude all references that MCFA was required to bring Power Lift to "Zero Net Equity" [319-1] (mt) |
| Filing 343 STATEMENT of conditional non-opposition by Power Lift Corp, C Richard Cowan and other related Cowan Parties to MCFA's motion in limine #6 to exclude reference or evidence of other litigation matters against MCFA [320-1] (mt) |
| Filing 342 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan Parties to MCFA's motion in limine #7 to exclude testimony of Alan G Goedde [321-1] (mt) |
| Filing 341 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan Parties to MCFA's motion in limine #8 to exclude testimony of Rick Rodriguez [322-1] (mt) (lwag). |
| Filing 340 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan Parties to MCFA's motion in limine #9 to exclude testimony of Paul Crossland [323-1] (mt) |
| Filing 339 OPPOSITION by Power Lift Corp, C Richard Cowan and other related Cowan Parties to MCFA's motion in limine #11 to preclude the introduction of any and all evidence and/or testimony re the Dec 2000 letter of intent (memo of understanding) [325-1] (mt) |
| Filing 338 OPPOSITION by Power Lift Corp, C Richard Cowan and other the Cowan parties to MCFA motion in limine #12 to exclude evidence of and reference to Caterpillar Inc [326-1] (mt) |
| Filing 337 PROOF OF SERVICE by Power Lift Corp on 2/10/03 of oppositions to MCFA motions in limine Nos 1-9, 11-12 [there being no motion 10] (mt) |
| Filing 336 NOTICE OF JOINDER by Power Lift LLC joining in oppositions of C Richard Cowan and the Cowan entities to MCFA's motions in limine (mt) |
| Filing 335 USM Form 285 - writ of attachment; party served: Manulife Financial c/o CT Corporation Systems; Served on 1/21/03; mailed on 1/23/03 (mt) |
| Filing 334 USM Form 285 - writ of attachment; Party served American Express c/o CT Corporation System; served on 1/21/03; mailed on 1/23/03 (mt) |
| Filing 333 NOTICE OF ERRATA by Mitsubishi Caterpillar to proof of service of notice of motion and Mitsubishi Caterpillar's motion in limine to preclude the introduction of any and all evidence and/or testimony re the Dec 2000 letter of intent (motion in limine No 11) (mt) |
| Filing 332 NOTICE OF ERRATA by Mitsubishi Caterpillar to proof of service of notice of motion and Mitsubishi Caterpillar's motion in limine to exclude testimony of Rick Rodriguez (motion in limine No 8) (mt) |
| Filing 331 NOTICE OF ERRATA by Mitsubishi Caterpillar to proof of service of notice of motion and Mitsubishi Caterpillar's motion in limine to exclude testimony of Paul Crossland (motion in limine No 9) (mt) |
| Filing 330 NOTICE OF ERRATA by Mitsubishi Caterpillar to proof of service of notice of motion and Mitsubishi Caterpillar's motion in limine to exclude testimony of Alan G Goedde (motion in limine No 7) (mt) |
| Filing 329 USM Form 285 - writ of attachment; Party served: America Express Financial Advisors Inc c/o C T Corporation System; served on 1/28/03; mailed on 1/29/03` (mt) |
| Filing 328 USM Form 285 - writ of attachment served upon American Express Financial Advisors Inc on 1/29/03; mailed on 1/29/03 (mt) |
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Filing 311
RULING ON JOINT MOTION OF MCFA AND THE TRUSTEE and ORDER by Judge David O. Carter (1) compel production of documents [234-1]; (2) enjoin the counter-defendants from further spoliation of evidence [234-2]; (3) for sanctions against the count-defendants (Richard Cowan, Ziba Cowan, Robert Cowan, Lisa J Cowan, Cowan Family Trust, Josef M Cowan, Power Lift Corporation, Power Lift LLC, R&R Real Estate Co LP, Marina Contractors Inc, Marina Landscape, Ventura Material Handling, ICO LLC and Cowan Holdings LLC) for abuse of the discovery process and for sanctions including the striking of the counter-defendants' answer and MCFA's request that the complaints against MCFA, Thomas Labrador and Gregory King be dismissed or other sanctions as the court deems appropriate [234-3] (see doc for specifics) (mt)
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| Filing 327 NOTICE of lodging of William Doyle's deposition transcript by plf & cntclms Mitsubishi Caterpillar (mt) |
| Filing 326 NOTICE OF MOTION AND MOTION by MCFA in limine #12 to exclude evidence of and reference to Caterpillar Inc ; and decl of Mark M Monachino in support thereof (mt) |
| Filing 325 NOTICE OF MOTION AND MOTION by MCFA in limine #11 to preclude the introduction of any and all evidence and/or testimony re the Dec 2000 letter of intent (memo of understanding) ; memo of P&A decl of Gregory Scarlett (mt) |
| Filing 324 MINUTES of motions hearing held by Judge David O. Carter: (1) Motion by dft Mitsubishi Caterpillar, T Labrador & G King for summary judgment [173-1] or in the alt, summary adjudication of facts without substantial controversy [173-2]; (2) Joint motion by Mitsubishi Caterpillar & Howard Ehrenberg for summary judgment to have each of the following entities and/or persons to be determined to be an alter ego of Power Lift LLC and/or each other [181-1]; (3) Motion by Mitsubishi Caterpillar Forklift or partial summary judgment [192-1]; (4) Motion by dft Caterpillar Financial for summary judgment on plfs' causes of action and CFS' counter-claims [187-1]; (5) Motion by Cowans for partial summary judgment [272-1]; (6) Motion by Caterpillar Financial Services to strike the Power Lift Entities' demands for jury trial on counterclaims [283-1]. Tentative rulings issued to counsel, copies attached hereto. Motion by dft Caterpillar Financial for summary judgment on plfs' causes of action and CFS' cntclms is GRANTED. Motion by Caterpillar Financial Services to strike the Power Lift Entities' demands for jury trial on cntclms was previously DENIED as untimely. All remaining motions are taken under submission. CR: Debbie Gale & Jane Sutton (mt) |
| Filing 323 NOTICE OF MOTION AND MOTION by MCFA in limine #9 to exclude testimony of Paul Crossland ; memo of P&A decl of Gregory Scarlett (mt) |
| Filing 322 NOTICE OF MOTION AND MOTION by MCFA in limine #8 to exclude testimony of Rick Rodriguez ; memo of P&A decl of Gregory Scarlett (mt) (lwag). |
| Filing 321 NOTICE OF MOTION AND MOTION by MCFA in limine #7 to exclude testimony of Alan G Goedde ; memo of P&A decls of Duncan Bourne & Gregory Scarlett (mt) |
| Filing 320 NOTICE OF MOTION AND MOTION by MCFA in limine #6 to exclude reference or evidence of other litigation matters against MCFA (mt) |
| Filing 319 NOTICE OF MOTION AND MOTION by MCFA in limine #5 to exclude all references that MCFA was required to bring Power Lift to "Zero Net Equity" ; and decl of Mark M Monachino in support thereof (mt) |
| Filing 318 NOTICE OF MOTION AND MOTION by MCFA, Gregory King in limine #4 to exclude evidence and reference to MCFA as an equity investor in Power Lift ; and decl of Mark M Monachino in support thereof (mt) |
| Filing 317 NOTICE OF MOTION AND MOTION by MCFA in limine #3 to exclude any matters between MCFA and its auditors, Ernst & Young involving Power Lift ; and decl of Jason A Archinaco in support thereof (mt) |
| Filing 316 NOTICE OF MOTION AND MOTION by MCFA in limine #2 to exclude the Aug/Sept 2000 valuation analysis of Power Lift by Ernst & Young ; and decl of Jason A Archinaco in support thereof (mt) |
| Filing 315 NOTICE OF MOTION AND MOTION by Mitsubishi Cater, Gregory King in limine #1 to exclude evidence of damages related to the clarklift acquisition by Power Lift ; and decl of Mark M Monachino in support thereof (mt) |
| Filing 314 REQUEST by Mitsubishi Cater, Gregory King for Judicial Notice re pretrial conference (mt) |
| Filing 313 RULING ON JOINT MOTION of MCFA and the Trustee by Discovery Referee Edward J Wallin to (1) compel production of docs; (2) enjoin the cntdfts from further spoliation of evidence; and (3) for sanctions against the cntdfts (Richard Cowan, Ziba Cowan, Robert Cowan, Lisa J Cowan, Cowan Family Trust, Josef M Cowan, Power Lift Corp, Power Lift LLC, R & R Real Estate Co LP, Marina Contractors Inc, Marina Landscape, Ventura Material Handling, ICO LLC & Cowan Holdings LLC) for abuse of the Discovery Process and for Sanctions including the striking of the cntdfts' answer and MCFA's request that the complaints against MCFA, Thomas Labrador and Gregory King be dismissed or other sanctions as the court deems appropriate (mt) |
| Filing 312 REQUEST filed by defendant, cntclm & cntdft C Richard Cowan that the Discovery Referee reconsider in parte the recommended ruling on joint motion of MCFA and the Trustee for discovery sanctions (mt) |
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Filing 310
ORDER by Judge David O. Carter Granting Caterpillar Financial Services' Mot for Summ Jgm Against Power Lift: Crt GRANTS CFS's motion for summary judgment on counter-claims [187-1] against Power Lift; mot for summ jgm on Power Lift complaint is MOOT (see doc for fur specifics) (ln)
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| PLACED IN FILE - NOT USED lodged proposed stmt of UF & conclusions of law in support of Collanton's motion for summary judgment (mt) |
| PLACED IN FILE - NOT USED lodged proposed judgment (mt) |
| PLACED IN FILE - NOT USED lodged proposed order granting summary judgment (mt) |
| PLACED IN FILE - NOT USED lodged Caterpillar Financial Services' stmt of UF & conclusions of law (mt) |
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Filing 309
NOTICE OF and consents to withdrawal of demands for jury and advisory jury; ORDER thereon by Judge David O. Carter (see document for further details) (mg)
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| Filing 308 DECLARATION of Armen Rostomian by defendants / counter-defendants / counter-claimants C Richard Cowan & Ziba Cowan (mg) |
| Filing 307 JOINT MEMORANDUM of facts and law of avoidance claim counterdefendants (mg) |
| Filing 306 REPLY MEMORANDUM to opposition of trustee by defendants / counter-defendants / counter-claimants C Richard Cowan and Ziba Cowan to Cowan-related parties' motion for partial summary judgment [272-1] (mg) |
| Filing 305 REPLY MEMORANDUM TO OPPOSITION by defendants / counter-defendants / counter-claimants C Richard Cowan & Ziba Cowan of MCFA to Cowan-related parties' motion for partial summary judgment [272-1] (mg) |
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Filing 304
STIPULATION and ORDER by Judge David O. Carter governing the production and use of confidential information (see document for further details) (mg)
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| PLACED IN FILE - NOT USED; [Proposed] Order re motion for partial summary judgment; lodged 12/3/02 (mg) |
| PLACED IN FILE - NOT USED; [Proposed] Order granting motion for partial summary judgment on alter ego issues; lodged 1/13/03 (mg) |
| PLACED IN FILE - NOT USED; [Proposed] order granting summary judgment; lodged 12/2/02 (mg) |
| Filing 303 PRELIMINARY JOINT EXHIBIT list by Plaintiff/Defendant/Counterclaimant Mitsubishi Caterpillar & Defendants Thomas Lablrador & Gregory King (mg) |
| Filing 302 MEMORANDUM OF CONTENTIONS OF FACT and LAW by miscellaneous Howard M Ehrenberg (mg) |
| Filing 301 JOINT WITNESS list submitted by plaintiff/ counter-claimant/ Mitsubishi Caterpillar & counter-defendant Gregory King (mg) |
| Filing 300 JOINT MEMORANDUM OF CONTENTIONS OF FACT and LAW of PLC, Richard Cowan & Ziba Cowan by counter-defendant Power Lift Corp (mg) |
| Filing 299 PRETRIAL MEMORANDUM OF CONTENTIONS OF FACT and LAW by plaintiff/counter-claimant Mitsubishi Caterpillar (mg) |
| Filing 298 RESPONSE by plf, dft & cntclm Mitsubishi Caterpillar, dft Gregory King to reply to the Cowan Brothers' motion for partial summary judgment on alter ego [272-1] (mt) |
| Filing 286 MINUTES (In Chambers) by Judge David O. Carter: Regarding MCFA's response to court minute order dated 1/15/03 (see doc for specifics) CR: Not Present (mt) |
| Filing 285 MINUTES (In Chambers) by Judge David O. Carter: denying motion by Mitsubishi Caterpillar Forklift America to strike the Power Lift Entities' demands for jury trial on counterclaims of Caterpillar Financial Services [283-1]. CR: Not Present (mt) |
| Filing 297 REPLY by dfts, cntclms & cntdfts C Richard Cowan and the Cowan-Related Parties to MCFA's response to the Court's minute order re: objection to pending motion for summary judgment by Cowan et al [272-1] (mt) |
| Filing 296 DECLARATION of Jason A Archinaco by plf, dft, & cntclm Mitsubishi Caterpillar, dft Gregory King in support of opposition to motion for partial summary judgment on alter ego (mt) |
| Filing 295 PROOF OF SERVICE by plf, dft, & cntclm Mitsubishi Caterpillar, dft Gregory King on 1/21/03 of opposition to [proposed] stmt of uncontroverted facts and conclusions of law in support of opposition to motion for partial summary judgment on alter ego claims; (see doc for further details) (mt) |
| Filing 294 DECLARATION of Greg King by plf, dft, & cntclm Mitsubishi Caterpillar, Gregory King in opposition to motion for partial summary judgment on alter ego claims (mt) |
| Filing 293 MEMO OF P&A IN OPPOSITION by plf, dft, and cntclm Mitsubishi Caterpillar, dft Gregory King in support of opposition to motion for partial summary judgment on alter ego claims (mt) |
| Filing 292 DECLARATION of Thomas Labrador by plf, dft, & cntclm Mitsubishi Caterpillar, Gregory King in opposition to motion for partial summary judgment on alter ego claims (mt) |
| Filing 291 OPPOSITION by plf, dft & cntclm Mitsubishi Caterpillar, dft Gregory King to [proposed] stmt of uncontroverted facts and conclusions of law in support of opposition to motion for partial summary judgment on alter ego claims (mt) |
| Filing 290 PROOF OF SERVICE by Howard M Ehrenberg on 1/21/03 of Trustee's opposition and memo of P&A in opposition to motion for partial summary judgment (see doc for further details) (mt) |
| Filing 289 OPPOSITION AND MEMO OF P&A by Howard M Ehrenberg Chapter 11 Trustee of Power Life LLC in opposition to motion for partial summary judgment [272-1] (mt) |
| Filing 288 SUPPLEMENTAL DECLARATION of Bradley E Brrok by Howard M Ehrenberg Chapter 11 Trustee of Power Lift LLC in support of Trustee's opposition to motion for partial summary judgment (mt) |
| Filing 287 STATEMENT of genuine issues by Howard M Ehrenberg Chapter 11 Trustee of Power Lift LLC in opposition to motion for partial summary judgment on alter ego claims (mt) |
| Filing 284 DECLARATION of Mark M Monachino by in support of MCFA (as Assignee of and Real Party-In-Interest to Caterpillar Financial Services) on motion to strike the Power Lift Entities' demands for jury trial [283-1] (mt) |
| Filing 283 NOTICE OF MOTION AND MOTION by Caterpillar Fin Svc to strike the Power Lift Entities' demands for jury trial on counterclaims of Caterpillar Financial Services ; motion hearing set for 8:30 2/10/03 (mt) |
| Filing 282 JOINDER by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC joining in objections by MCFA and Greg King to pending motion for summary judgment by Cowan [272-1] (mt) |
| Filing 281 OPPOSITION filed by Mitsubishi Cater, Thomas M Labrador, Gregory King to impaneling an advisory jury (mt) |
| Filing 280 RESPONSE by plf, dft, & cntclm Mitsubishi Caterpillar, dfts Gregory King, Thomas M Labrador to Court Minute Order re objections to pending motion for summary judgment by Cowan et al [272-1] (mt) |
| Filing 279 MEMORANDUM OF P&A by plf, dft, & cntclm Mitsubishi Caterpillar, and dft Gregory King in support of objections by MCFA & Greg King to pending motion for summary judgment by Cowan [272-1] (mt) |
| Filing 278 JOINT MEMO OF P&A in support of the utilization of an advisory jury by dfts, cntclms, & cntdft C Richard Cowan and other Cowan-Related Parties and Power Lift Corp (mt) |
| Filing 277 PROCESS RECEIPT AND RETURN USM Form 285 writ of attachment; Party served State Street Investment (aka State Street) c/o CSC; Date served 12/30/02; Mailed 12/30/02 (mt) |
| Filing 276 PROCESS RECEIPT AND RETURN USM Form 285 writ of attachment; Party served: State Street Investment Manager Solutions LLC; Date served: 12/30/02; Mailed 12/30/02 (mt) |
| Filing 275 MINUTES (In Chambers) by Judge David O. Carter: Regarding conflict over summary judgment motion filed 1/13/03. The Court received an ex parte telephonic communication from counsel for MCFA, disputing the propriety of the filing of the summary judgment motion. While such ex parte verbal communication is not appropriate, the Court notes the time sensitive nature of the dispute. Therefore, counsel for MCFA must place his objection to the filing of the motion in writing, and file such objection with the Court within 3 days of receipt of this Minute Order (see document for further details). CR: (not present) (mg) |
| Filing 274 DECLARATION of Robert Cowan by dfts, cntclms, cntdfts C Richard Cowan, Ziba Cowan (and other parties listed below in signature block of counsel) n support of motion for partial summary judgment on alter ego claims [272-1] (mt) |
| Filing 273 DECLARATION of Thomas M Robins III by dfts, cntclms & cntdfts C Richard Cowan, Ziba Cowan (and other parties listed below in the signature block of counsel) in support of motion for partial summary judgment on alter ego claims [272-1] (mt) |
| Filing 272 NOTICE OF MOTION AND MOTION by C Richard Cowan, Robert B Cowan, Josef M Cowan, Lisa J Cowan, Ziba Cowan, Robert & Lisa Cowan Family Trust, Richard & Ziba Cowan Family Trust, R & R Real Estate Co, Marina Invest Co Inc, Marina Contractors, Marina Landscape Inc, Cowan Holdings LLC for partial summary judgment on the 2nd amended counter-claim of Mitsubishi Caterpillar Forklift America Inc & Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC ; motion hearing set for 8:30 2/3/03 Lodged prop stmt UFCL, ord (mt) Modified on 01/14/2003 |
| Filing 271 MINUTES (in chambers): on 12/23/02 Crt took several mots under submisison; upon fur review & consideration, Crt not sets following summ jgm mots for oral argument on 02/03/03 @ 8:30am: (1) dft Mitsubishi Catepillar, T Labrador & G King's motion for summary judgment [173-1] or in alt for summary adjudication facts without substantial controversy [173-2]; (2) joint motion by Mitsubishi Caterpillar & Ehrenberg for summary judgment to have each of the following entities and/or persons to be determined to be an alter ego of: (1) Power Lift LLC and/or (2) each other: (a) Power Lift Corporation; (b) Robert B Cowan; (c) C. Richard Cowan; (d) Josef M Cowan; (e) Robert and Lisa Cowan Family Trust; (f) Richard and Ziba Cowan Family Trust; (g) R&R Real Estate Co; (h) Marina Investment Group Inc; (i) Marina Investment Company Inc and (j) Cowan Holdings LLC [181-1]; (3) Mitsubishi Caterpillar Forklift's motion for partial summary judgment [192-1]; (4) dft Caterpillar Financial's motion for summary judgment on (1) plfs' causes of action and (2) CFS' counter-claims [187-1]; by Judge David O. Carter CR: none present (ln) |
| Filing 270 RECEIPT FOR REPORTER'S TRANSCRIPT of proceedings for the following date(s): 1/28/02 CR: D Gale (mt) |
| TRANSCRIPT filed for proceedings held on 1/28/02 (mt) |
| Filing 269 ATTORNEY SUBSTITUTION: terminating Thomas M Robins for Power Lift Corp by Power Lift Corp and substituting attorney Lawrence S Grosberg. Approved by Judge David O. Carter (mt) |
| Filing 268 ATTORNEY SUBSTITUTION: terminating attorney Josef M Cowan for Power Lift Corp by Power Lift Corp and substituting attorney Lawrence S Grosberg. Approved by Judge David Carter (mt) |
| Filing 267 ANSWER TO SECOND AMENDED COUNTERCLAIM [263-1] by C Richard Cowan, Ziba S Cowan, Robert B Cowan, Lisa J Cowan, Josef M Cowan, R&R Real Estate Co, La Mirada DSS Inc, Marina Contractors Inc, Marina Landscape Inc, Marina Investment Group Inc, Ventura Material Handling Co, and Cowan Holdings LLC; demand for trial by jury (mt) |
| Filing 266 ANSWER TO SECOND AMENDED COUNTERCLAIM [263-1] by Power Lift Corp; demand for trial by jury (mt) |
| PLACED IN FILE - NOT USED lodged proposed order severing 15th, 17th and 18th claims for relief and alter ego allegations (mt) |
| PLACED IN FILE - NOT USED lodged proposed order bifurcating 15th, 17th & 18th claims for relief and alter ego allegations (mt) |
| Filing 265 PROOF OF SERVICE by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 12/12/02 of for exhibits "A" - "H" for MCFA's motion to compel production of docs; enjoin the dfts from further spoliation of evidence and for sanctions (mt) |
| Filing 264 PROOF OF SERVICE by Mitsubishi Caterpillar, Gregory King, Thomas M Labrador on 12/4/02 of exhibits "11" - "14" for joint motion to compel production of docs, to enjoin the dfts from further spoliation of evidence, and for sanctions (mt) |
| Filing 263 SECOND AMENDED COUNTERCLAIM [96-1] by Mitsubishi Caterpillar Forklift America Inc, Howard Ehrenberg, Chapter 11 Trustee for Power Lift LLC; summons not issued (mt) |
| Filing 262 MINUTES OF MOTION HEARING held by Judge David O. Carter: (1) Motion by Trustee for order substituting Chapter 11 Trustee as real party in interest [166-1]; (2) Motion by Trustee for order extending time for expert reports and expert discovery cutoff date [169-1]; (3) Motion by dft Mitsubishi Caterpillar, T Labrador & G King & Trustee for order allowing filing of 2nd amended counterclaim [167-1]; (4) Motion by dft Mitsubishi Caterpillar, T Labrador & G King for summary judgment [173-1] or in the alt, summary adjudication of facts without substantial controversy [173-2]; (5) Motion by Mitsubishi Caterpillar Forklift to strike demands for jury trial by the Power Lift Entities [198-1]; (6) Motion by Power Lift C Richard Cowan, Ziba Cowan, R Cowan, L Cowan, J Cowan, R&R Real Estate Co, La Mirada DSS Inc, Marina Contractors, Marina Investment Group, Ventura Material Handling Co, Gregory Collanton and Cowan Holdings to bifurcate for trial the 15th, 17th and 18th claims for relief [179-1] and all alter ego claims of the 1st amended counterclaim (or 2nd amended counterclaim) [179-2]; (7) Motion by Power Lift C Richard Cowan, Z Cowan, R Cowan, L Cowan, J Cowan, R&R Real Estate Co, La Mirada DSS Inc, Marina Contractors, Marina Investment Group, Ventura Material Handling Co, G Collanton and Cowan Holdings to sever the 15th, 17th, and 18th claims for relief and all alter ego claims from the 1st amended counterclaim [180-1]; (8) Joint motion by Mitsubishi Caterpillar and Howard Ehrenberg for summary judgment to have each entities and/or persons determined to be an alter ego of Power Lift and/or each other [181-1]; (9) Motion by Mitsubishi Caterpillar Forklift for partial summary judgment [192-1]; (10) Motion by dft Caterpillar Financial for summary judgment on (1) plfs' causes of action and (2) CFS' counter-claims [187-1]. Tentative rulings issued to counsel, copy attached hereto. Court continues following case management dates: Motion cut-off: 2/3/03; Pretrial Conference: 2/10/03 at 8:30am; Trial: 3/4/03 at 8:30am. Motions taken under submission. CR: Debbie Gale (mt) |
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Filing 259
ORDER by Judge David O. Carter: Crt GRANTS motion for order substituting Chapter 11 Trustee as real party in interest for purposes of (1) prosecuting those claims asserted in claim for relief Nos 15, 17 & 18 which belong to the Power Lift LLC Bankruptcy Estate and (2) asserting that all counter-dfts are alter Egos of Power Lift LLC [166-1]; Crt GRANTS motion permitting 2nd amended counterclaim; [179-2]; Crt GRANTS motion for order extending time for expert reports & cut-off for expert discovery [169-1]; Crt DENIES motion to sever claims for trial [180-1]; Crt DENIES motion to bifurcate claims for trial [179-1]; new discovery ddl set on 2/3/03; new motion filing ddl set on 2/3/03; Final Pretrial Conference set 2/10/03; jury trial set on 3/4/03 (see doc for fur specifics) (ln)
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Filing 258
ORDER by Judge David O. Carter: GRANTING in part & DENYING in part Mitsubishi Caterpillar Forklift America's motion to strike demands for jury trial by the Power Lift Entities and the Cowans [198-1]; based on posture of case, Crt reverses its recommendation during oral argument that this case proceed w/jury claims first; rather Crt tentatively believes it wld be best to proceed first w/claims to be tried in front of Crt, followed by claims to be tried in front of jury; Crt calls for briefing on isssue of advisory jury impaneled during Crt trial; ptys shall submit simultaneous briefing, max 5 pages, to crt by 01/16/03 (see doc for fur directives & specifics) (ln)
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Filing 261
STIPULATION and ORDER by Judge David O. Carter re dismissal of Power Lift Corp and Power Lift LLC's claims aginst Caterpillar Financial Services Corp (mt)
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Filing 260
ORDER by Judge David O. Carter re objections to subpoenas (mt)
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| Filing 257 ANSWER TO COUNTERCLAIM [129-1] of counter-claimants C Richard Cowan, Ziba Cowan, Robert Cowan and Power Lift Corporation by counter-defendant Mitsubishi Caterpillar Forklift America Inc (mt) |
| Filing 256 NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King (mt) |
| Filing 255 USM Form 285 writ of attachment; party served U S Bancorp c/o CT Corporation Systems on 12/12/02 ; mailed on 12/12/02 (mt) |
| Filing 254 EXHIBITS by Mitsubishi Cater, Thomas M Labrador, Gregory King to reply brief of MCFA to joint discovery stipulation re MCFA's motion to enjoin the dfts from further spoliation of evidence [234-1] (mt) |
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Filing 253
NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter ordering (1) exhibits to reply brief (2) exhibits to joint discovery stip submitted received on 12/17/02 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (mt)
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| Filing 252 POWER LIFT CORPORATION'S PRIVILEGE LOG (mt) |
| Filing 251 REPLY by Power Lift Corp, C Richard Cowan, Ziba Cowan to opposition of Mitsubishi Caterpillar to motion to bifurcate [179-1] (mt) |
| Filing 250 REPLY by Power Lift Corp, C Richard Cowan, Ziba Cowan to opposition of Mitsubishi Caterpillar to motion to sever [180-1] (mt) Modified on 12/19/2002 |
| Filing 249 REPLY by Power Lift Corp, C Richard Cowan, Ziba Cowan to Trustee's opposition to motion to sever [180-1] & motion to bifurcate [179-1] (mt) |
| Filing 248 REPLY by plaintiff & counter-claimant Mitsubishi Caterpillar to opposition to motion for partial summary judgment [192-1]; decl of Gregory B Scarlett (mt) |
| Filing 247 SUPPLEMENTAL DECLARATION of C Richard Cowan by Power Lift Corp, C Richard Cowan, Ziba Cowan re exhibit A to declaration of Gregory B Scarlett, filed 12/16/02 (mt) |
| Filing 246 MEMO OF FACTS and LAW by Power Lift Corp, C Richard Cowan, Ziba Cowan (mt) |
| Filing 245 MEMO OF FACTS and LAW of Avoidance Claim Counter Defendants (mt) |
| Filing 244 REPLY by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift, in support of to ex parte application for order substituting Chapter 11 Trustee as real party in interest [168-1]; declaration of Bradley E Brook (mg) |
| Filing 243 REPLY by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift, in support of motion for summary judgment re: alter ego [181-1] (mg) |
| Filing 242 REPLY by plaintiff Mitsubishi/counter-claimant/ counter-defendant Mitsubishi Caterpillar & counter-defendants Gregory King & Thomas M Labrador in support of motion for Order allowing filing of 2nd Amended Counterclaim [179-1] [179-2] (mg) |
| Filing 241 DEMAND to lodge original deposition transcripts of King, Wuench, Labrador, & Uebelhack depositions (mg) |
| Filing 240 REPLY BRIEF FILED by plaintiff/counter-defendant Mitsubishi Caterpillar & counter-defendants Gregory King & Thomas Labrador in support of motion for summary judgment on Power Lift's 2nd amended complaint (mg) |
| Filing 239 REPLY BRIEF by plaintiff/counter-defendant/counter-claimant Mitsubishi Cater, & counter-defendants Gregory King & Thomas M Labrador in support of Mitsubishi's motion to strike demands for jury trial by the Power Lift Entities and the Cowans [198-1] (mg) |
| Filing 238 REPLY BRIEF by defendant Caterpillar Fin Svc in support of its motion for summary judgment [187-1] (mg) |
| Filing 237 MINUTES (in chambers): on Crt's own mot jury trial is cont to 8:30 2/11/03 by Judge David O. Carter CR: none present (ln) |
| Filing 236 NOTICE OF ERRATA by MCFA correcting reply brief of MCFA [235-1] (mt) |
| Filing 235 REPLY BRIEF by MCFA to compel production of documents [234-1]; enjoin the counter-defendants from further spoliation of evidence [234-2]; for sanctions against the count-defendants (Richard Cowan, Ziba Cowan, Robert Cowan, Lisa J Cowan, Cowan Family Trust, Josef M Cowan, Power Lift Corporation, Power Lift LLC, R&R Real Estate Co LP, Marina Contractors Inc, Marina Landscape, Ventura Material Handling, ICO LLC and Cowan Holdings LLC) for abuse of the discovery process and for sanctions including the striking of the counter-defendants' answer and MCFA's request that the complaints against MCFA, Thomas Labrador and Gregory King be dismissed or other sanctions as the court deems appropriate [234-3] (mt) |
| Filing 234 JOINT NOTICE OF MOTION AND MOTION by MCFA and the Trustee to compel production of documents ; enjoin the counter-defendants from further spoliation of evidence ; and for sanctions against the count-defendants (Richard Cowan, Ziba Cowan, Robert Cowan, Lisa J Cowan, Cowan Family Trust, Josef M Cowan, Power Lift Corporation, Power Lift LLC, R&R Real Estate Co LP, Marina Contractors Inc, Marina Landscape, Ventura Material Handling, ICO LLC and Cowan Holdings LLC) for abuse of the discovery process and for sanctions including the striking of the counter-defendants' answer and MCFA's request that the complaints against MCFA, Thomas Labrador and Gregory King be dismissed or other sanctions as the court deems appropriate (mt) Modified on 12/16/2002 |
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Filing 233
ORDER by Judge David O. Carter on assertion of privilege as to bate stamped documents Nos 00023690-00023696 (mt)
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| Filing 232 NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS by plaintiff & counter-claimant Mitsubishi Caterpillar Forklift America Inc in support of motion for partial summary judgment [192-1] (mt) |
| Filing 231 NOTICE OF LODGING OF deposition transcripts by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC of C Richard Cowan; John Huntley; Marina Landscape; Robert Cowan; Greg Collanton; and R & R (mt) |
| Filing 230 MEMORANDUM OF P&A AND ARGUMENT IN OPPOSITION by Power Lift Corp to MCFA's motion for summary judgment on 2nd amended complaint (mt) |
| Filing 229 RESPONSE by Power Lift Corp, C Richard Cowan, Ziba Cowan and other Related-Cowan Parties to statement of uncontroverted facts of MCFA and Trustee re alter ego motion and statement of genuine issues (mt) |
| Filing 228 RESPONSE by Power Lift Corp, C Richard Cowan, Ziba Cowan and other Related-Cowan Parties to plf & cntclm MCFA's separate statement of uncontroverted facts and statement of genuine issues in opposition to motion for partial summary judgment [192-1] (mt) |
| Filing 227 RESPONSE by Power Lift Corp, C Richard Cowan, Ziba Cowan and Related-Cowan Parties to statement of uncontroverted facts and statement of genuine issues in opposition to dfts' motion for summary judgment on the 2nd amended complaint (mt) |
| Filing 226 MEMORANDUM OF P&A IN OPPOSITION by Power Lift Corp, C Richard Cowan, Ziba Cowan, and other Related-Cowan Parties to MCFA's motion for summary judgment [173-1]/adjudication on 1st amended counter-claim and complaint [173-2] (mt) |
| Filing 225 MEMORANDUM OF P&A AND ARGUMENT IN OPPOSITION by Power Lift Corp, C Richard Cowan, Ziba Cowan and other Related-Cowan Parties to joint motion to have certain entities and/or persons be determined to be an alter ego of Power Lift LLC and/or each other (mt) |
| Filing 224 EVIDENTIARY OBJECTIONS by Power Lift Corp, C Richard Cowan, Ziba Cowan an other Cowan-related Parties to and motion to strike evidence offered in purported support of the summary judgment motions of MCFA, Gregory King, & Thomas M Labrador [173-1]; decl of Michael Gerard Fletcher (mt) |
| Filing 223 OPPOSITION by Power Lift Corp, C Richard Cowan, Ziba Cowan and other Cowan-Related parties to motion for order permitting the 2nd amended counterclaim [179-2] (mt) |
| Filing 222 MASTER EVIDENCE APPENDIX by Power Lift Corp, C Richard Cowan, Ziba Cowan and Other Parties in opposition to summary judgment motions; 1 on the PLC 2nd amended complaint; 2 on the MCFA 1st amended counter claim; and 3 on alter ego issues; Volume 4 of 4 [exhibits 218-239] (mt) |
| Filing 221 MASTER EVIDENCE APPENDIX by Power Lift Corp, C Richard Cowan, Ziba Cowan and Other Parties in opposition to summary judgment motions; 1 on the PLC 2nd amended complaint; 2 on the MCFA 1st amended counter claim; and 3 on alter ego issues ; Volume 3 of 4 [exhibits 145-217] (mt) |
| Filing 220 MASTER EVIDENCE APPENDIX by Power Lift Corp, C Richard Cowan, Ziba Cowan and Other Parties in opposition to summary judgment motions; 1 on the PLC 2nd amended complaint; 2 on the MCFA 1st amended counter claim; and 3 on alter ego issues; Volume 2 of 4 [exhibits 71-144] (mt) |
| Filing 219 MASTER EVIDENCE APPENDIX by Power Lift Corp, C Richard Cowan, Ziba Cowan and Other Parties in opposition to summary judgment motions; 1 on the PLC 2nd amended complaint; 2 on the MCFA 1st amended counter claim; and 3 on alter ego issues; Volum 1 of 4 [exhibits 1-70] (mt) |
| Filing 218 PROOF OF SERVICE by Power Lift Corp, C Richard Cowan, Ziba Cowan and Other Parties on 12/9/02 of Master decls in opposition to summary judgment; master evidence appendix volumes 1-4 (mt) |
| Filing 217 MASTER DECLARATIONS by Power Lift Corp and other Cowan-related parties in opposition to motions for summary and summary adjudication: (1) by MCFA on LLC and PLC 2nd amended complaint; (2) by MCFA on the MCFA 1st amended counter-claim; and (3) by MCFA and the Bankruptcy Trustee on alter ego issues (mt) |
| Filing 216 MEMO OF P&A IN OPPOSITION by Power Lift Corp & the other Cowan-related parties to motion to strike demands for jury trial [198-1] (mt) |
| Filing 215 OPPOSITION by Power Lift Corp to Caterpillar Financial Services' statement of uncontroverted facts and conclusions of law (mt) |
| Filing 214 OPPOSITION by Power Lift Corp to Caterpillar Financial Services' motion for summary judgment [187-1] (mt) |
| Filing 213 OPPOSITION by Power Lift Corp, C Richard Cowan, Ziba Cowan et al to motion for order extending time for expert reports and cutoff for expert discovery [169-1]; memo of P&A (mt) |
| Filing 212 OPPOSITION by Power Lift Corp, C Richard Cowan, Ziba Cowan et al to motion for order substituting Chapter 11 Trustee as real party in interest [166-1]; memo of P&A (mt) |
| Filing 211 NOTICE OF JOINDER AND JOINDER by Power Lift LLC in Power Lift Corp's opposition to MCFA's motion for summary judgment [173-1] (mt) |
| Filing 210 STATEMENT of genuine issues by Power Lift LLC in opposition to Caterpillar Financial Services' statement of uncontroverted facts and conclusions of law (mt) |
| Filing 209 OPPOSITION by Power Lift LLC to MCFA's motion for summary judgment [173-1]; memo of P&A (mt) |
| Filing 208 STATEMENT of genuine issues by Power Lift LLC in opposition to MCFA's motion for summary judgment [173-1] (mt) |
| Filing 207 NOTICE OF JOINDER AND JOINDER by counter-defendant Power Lift LLC in Power Lift Corp's opposition to MCFA's motion to strike demands for jury trial [198-1] (mt) |
| Filing 206 OPPOSITION by Power Lift LLC to MCFA's motion to strike demands for jury trial [198-1]; memo of P&A (mt) |
| Filing 205 OPPOSITION by Power Lift LLC to Caterpillar Financial Services' motion for summary judgment [187-1]; memo of P&A in support thereof (mt) |
| Filing 204 OPPOSITION by plaintiff and counter-claimant Mitsubishi Cater to motion to bifurcate for trial [179-1]; decl of Gregory B Scarlett (mt) |
| Filing 203 OPPOSITION by plaintiff and counter-claimant Mitsubishi Caterpillar Forklift America Inc to motion to sever [180-1]; decl of Gregory B Scarlett (mt) |
| Filing 202 MEMO OF P&A IN OPPOSITION by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC to motion to sever [180-1] or bifurcate for trial the 15th, 17th and 18th claims for relief and alter ego [179-1] (mt) |
| Filing 201 NOTICE OF WITHDRAWL by counter-defendant Gregory A Collanton of motion for summary judgment [177-1] (wm) |
| Filing 200 SUPPLEMENTAL PROOF OF SERVICE by Howard M Ehrenberg [184-1] of motion for summary adjudication and related pleadings (seal) |
| Filing 197 DECLARATION of Gregory E King by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of motion for partial summary judgment [192-1] (mt) |
| Filing 196 DECLARATION of Gregory B Scarlett by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of motion for partial summary judgment [192-1] (mt) |
| Filing 195 INDEX OF NON-CALIFORNIA CASE AUTHORITIES by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of motion for partial summary judgment [192-1] (mt) |
| Filing 194 DECLARATION of Jim P Mahacek by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of motion for partial summary judgment [192-1] [FRCP 56] (mt) |
| Filing 193 REQUEST by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King for Judicial Notice in support of motion for partial summary judgment [192-1] [FRCP 56] (mt) |
| Filing 192 NOTICE OF MOTION AND MOTION by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King for partial summary judgment ; memo of P&A [FRCP 56); motion hearing set for 8:30 12/23/02 Lodged prop order (mt) |
| Filing 191 PROOF OF SERVICE by defendant Caterpillar Fin Svc on 12/2/02 of (not specify) (mt) |
| Filing 190 DECLARATION of Jim Mills by defendant Caterpillar Fin Svc in support of CFS' motion for summary judgment on (1) plfs' causes of action and (2) CFS' counter-claims [187-1] (mt) |
| Filing 189 DECLARATION of Jonathan M Jenkins by defendant Caterpillar Fin Svc in support of CFS' motion for summary judgment on (1) plfs' causes of action and (2) CFS' counter-claims [187-1] (mt) |
| Filing 188 REQUEST by defendant Caterpillar Fin Svc for Judicial Notice; decl of Theresa M Cummings in support; exhibits A & B (mt) |
| Filing 187 NOTICE OF MOTION AND MOTION by defendant Caterpillar Fin Svc for summary judgment on (1) plfs' causes of action and (2) CFS' counter-claims ; memo of P&A in support thereof (FRCP 56(c)); motion hearing set for 8:30 12/23/02 (mt) |
| Filing 199 DECLARATION of Mark M Monachino by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of dfts' motion to strike demands for jury trial by the Power Lift Entities and the Cowans [198-1] (mt) |
| Filing 198 NOTICE OF MOTION AND MOTION by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King to strike demands for jury trial by the Power Lift Entities and the Cowans ; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 186 MINUTES OF MOTION HEARING held by Judge David O. Carter: Tentative ruling issued to counsel, a copy of which is attached hereto. Argument by counsel. Motion by counterdefendant Mitsubishi Caterpillar to dismiss [140-1] is taken under submission. CR: Debbie Gale (mt) |
| Filing 185 DECLARATION of Bradley E Brook by Howard M Ehrenberg, Chapter 11 trustee of Power Lift LLC in support of motion for summary judgment filed jointly by Mitsubishi Caterpillar & Howard M Ehrenberg to have each of the following entities and/or persons to be determined to be an alter ego of: (1) Power Lift LLC and/or (2) each other: (a) Power Lift Corporation; (b) Robert B Cowan; (c) C. Richard Cowan; (d) Josef M Cowan; (e) Robert and Lisa Cowan Family Trust; (f) Richard and Ziba Cowan Family Trust; (g) R&R Real Estate Co; (h) Marina Investment Group Inc; (i) Marina Investment Company Inc and (j) Cowan Holdings LLC [181-1] (mt) |
| Filing 184 PROOF OF SERVICE by Howard M Ehrenberg, Chapter 11 trustee of Power Lift LLC and Mitsubishi Caterpillar on 12/2/02 of motion for summary judgment and related pleadings (mt) |
| Filing 183 NOTICE OF LODGING of deposition transcripts of C Richard Cowan, John Huntley, Marina Landscape, Robert Cowan, Greg Collanton, & R R by Howard M Ehrenberg, Chapter 11 trustee of the estate of debtor Power Lift LLC and Mitsubishi Caterpillar (mt) |
| Filing 182 NOTICE OF JOINT MOTION of Mitsubishi Caterpillar Forklift America and Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC for summary judgment to have each of the following entities and/or persons to be determined to be an alter ego of: (1) Power Lift LLC and/or (2) each other: (a) Power Lift Corporation; (b) Robert B Cowan; (c) C. Richard Cowan; (d) Josef M Cowan; (e) Robert and Lisa Cowan Family Trust; (f) Richard and Ziba Cowan Family Trust; (g) R&R Real Estate Co; (h) Marina Investment Group Inc; (i) Marina Investment Company Inc and (j) Cowan Holdings LLC [181-1] (mt) |
| Filing 181 NOTICE OF MOTION AND JOINT MOTION by Mitsubishi Caterpillar Forklift America Inc and Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC for summary judgment to have each of the following entities and/or persons to be determined to be an alter ego of: (1) Power Lift LLC and/or (2) each other: (a) Power Lift Corporation; (b) Robert B Cowan; (c) C. Richard Cowan; (d) Josef M Cowan; (e) Robert and Lisa Cowan Family Trust; (f) Richard and Ziba Cowan Family Trust; (g) R&R Real Estate Co; (h) Marina Investment Group Inc; (i) Marina Investment Company Inc and (j) Cowan Holdings LLC ; motion hearing set for 8:30 12/23/02 (mt) Modified on 12/06/2002 |
| Filing 180 NOTICE OF MOTION AND MOTION by Power Lift Corp, C Richard Cowan, Ziba Cowan, Robert B Cowan, Lisa Cowan, Josef M Cowan, R&R Real Estate, La Mirada DDS, Marina Contractors Inc, Marina Investment Group, Ventura Material Handling, Gregory Collanton, Cowan Holdings LLC to sever the 15th, 17th, and 18th claims for relief and all alter ego claims from the 1st amended counterclaim (and if filed, the 2nd amended counterclaim and the new 16th claim for relief) ; memo of P&A decl of Thomas M Robins III; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 179 NOTICE OF MOTION AND MOTION by Power Lift Corp, C Richard Cowan, Ziba Cowan, Richard Cowan and Ziba Cowan, Robert Cowan, Lisa Cowan, Josef M Cowan, R&R Real Estate Co, La Mirada DDS Inc, Marina Contractors Inc, Marina Investment Group Inc, Ventura Material Handling, Gregory Collanton, & Cowan Holdings LLC to bifurcate for trial the 15th, 17th and 18th claims of the 1st amended counterclaim , or if permitted to be filed, the 2nd amended counterclaim including, if permitted, the re-asserted 16th claim for relief (FRCP 42(B) ; memo of P&A decl of Thomas M Robins III; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 178 DECLARATION of Richard Cowan by counter-defendant Gregory A Collanton in support of motion for summary judgment [177-1] (mt) |
| Filing 177 NOTICE OF MOTION AND MOTION by counter-defendant Gregory A Collanton for summary judgment ; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 176 DECLARATION of Mark M Monachino by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of motion for summary judgment [173-1] (mt) |
| Filing 175 DECLARATION of Thomas Labrador by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in support of motion for summary judgment [173-1] or motion for summary adjudication of facts without substantial controversy [173-2] (mt) |
| Filing 174 DECLARATION of Gregory King by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King in suppot of motion for summary judgment [173-1] or motion for summary adjudication of facts without substantial controversy [173-2] (mt) |
| Filing 173 NOTICE OF MOTION AND MOTION by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King for summary judgment , or in the alt for summary adjudication of facts without substantial controversy ; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 172 OBJECTIONS filed by Mitsubishi Caterpillar to the subpoenas duces tecum issued to the Chase Manhattan Bank (mt) |
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Filing 165
ORDER by Judge David O. Carter GRANTing in Part DENYing in Part Plf's Mot to Dismiss: MCFA's motion to dismiss [140-1] the 1st, 2nd, 3rd, 5th, 6th, 7th, 8th, 9th & 15th claims are DENIED; dft's mots to dismiss the 4th, 10th, 11th, 12th, 13th & 14th claims are GRANTED; (see doc for fur specifics) (ln)
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| Filing 171 AMENDED NOTICE OF MOTION AND MOTION for order substituting Chapter 11 Trustee as real party in interest for purposes of (1) prosecuting those claims asserted in claim for relief Nos 15, 17 & 18 which belong to the Power Lift LLC Bankruptcy Estate and (2) asserting that all counter-dfts are alter Egos of Power Lift LLC [166-1] filed by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
| Filing 170 AMENDED NOTICE OF MOTION AND MOTION for order allowing filing of 2nd amended counterclaim [167-1] filed by Howard M Ehrenberg, Capter 11 Trustee of Power Lift LLC (mt) |
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Filing 163
DENIED ORDER by Judge David O. Carter denying Chapter 11 Trustee's ex parte appl for an order shortening time on the hearing on (1) mot for ord substituting Chapter 11 Trustee as real party in interest for purposes of (a) prosecuting those claims asserted in claim for relief Nos 15, 17 & 18 which belong to the Power Lift LLC Bankruptcy Estate and (b) asserting that all cntdfts are alter Egos of Power Lift LLC; (2) mot for lv to file 2nd amended cntclm; and (3) mot for ext of time for 30 days w/in which expert discov must be completed w/respect to claims for relief 15, 17 & 18 (mt)
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| Filing 162 APPENDIX OF OUT OF JURISDICTION AUTHORITIES filed by Mitsubishi Caterpillar in suppt of Mitsubishi's rply brief re: motion to dismiss [140-1] (mt) |
| Filing 161 REPLY BRIEF by Mitsubishi Caterpillar in suppt of motion to dismiss counterclaim of C Richard Cowan, Ziba Cowan, Robert Cowan, Lisa Cowan and Power Lift Corp [97-1] (mt) |
| Filing 160 DECLARATION of Mark M Monachino by dfts Mitsubishi Caterpillar, Thomas M Labrador, Gregory King, cntdft Mitsubishi Caterpillar in suppt of Mitsubishi Caterpillar's reply brief on motion to dismiss counterclaim of C Richard Cowan, et al [113-1] (mt) |
| Filing 159 OPPOSITION by dfts C Richard Cowan, Ziba Cowan, Robert Cowan, Lisa Cowan, Joseph M Cowan, R&R Real Estate Co LP, La Mirada DSS Inc, Marina Contractors Inc, Marina Investment Group Inc, Ventura Material Handling Co, Gregory Collanton, Cowan Holdhings LLC to request for hearing on emergency or shortened time basis (mt) |
| Filing 169 NOTICE OF MOTION AND MOTION by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC for order extending time for expert reports from Nov 29 to Dec 22, 2002 & the expert discovery cut off date from 12/20/02 to 1/3/03 w/respect to issues involed in claim for relief Nos 15, 17 & 18 (e.g. insolvency analysis) ; memo of P&A decl of Bradley E Brook; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 168 EX PARTE APPLICATION filed by Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC for order shortening time on the hearing on: (1) motion for order substituting Chapter 11 Trustee as real party in interest for purposes of: (a) prosecuting those claims asserted in claim for relief Nos 15, 17 & 18 which belong to the Power Lift LLC Bankruptcy estate and (b) asserting that all cntdfts are alter Egos of Power Lift LLC; (2) motion for leave to file 2nd amended cntclm; and (3) motion for extension of time for 30 days w/in which expert reports must be filed & expert discovery must be completed w/respect to claims for relief 15, 17 & 18 ; memo of P&A decl of Bradley E Brook; Lodged prop ord (mt) |
| Filing 167 NOTICE OF MOTION AND MOTION by co-counterclaimant Howard M Ehrenberg, Chapter 11 trustee of the estate of debtor Power Lift LLC and Mitsubishi Caterpillar Forklift of America Inc for order allowing filing of 2nd amended counterclaim ; memo of P&A decl of Bradley E Brook; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 166 NOTICE OF MOTION AND MOTION by Howard Ehrenberg, Chapter 11 Trustee of Power Lift LLC for order substituting Chapter 11 Trustee as real party in interest for purposes of (1) prosecuting those claims asserted in claim for relief Nos 15, 17 & 18 which belong to the Power Lift LLC Bankruptcy Estate and (2) asserting that all counter-dfts are alter Egos of Power Lift LLC ; memo of P&A decl of Bradley E Brook; motion hearing set for 8:30 12/23/02 (mt) |
| Filing 164 MINUTES OF MOTION HEARING held by Judge David O. Carter: Tentative ruling issued to counsel, a copy of which is attached hereto. The matter is called. Counsel state their appearances. Argument by counsel. Motion for judgment on the pleadings [144-1] is taken under submission. CR: Jane Sutton (mt) |
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Filing 158
ORDER by Judge David O. Carter: denying plf's motion for judgment on the pleadings [144-1] (see doc for fur specifics) (ln)
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| Filing 157 MEMO OF P&A IN OPPOSITION by cntclms C Richard Cowan, Ziba Cowan, Robert B Cowan, Power Lift Corp to Mitsubishi Caterpillar's motion to dismiss [140-1] (mt) |
| Filing 156 REPLY by plaintiff Mitsubishi to dft's opp to motion for partial judgment on the pleadings [144-1] (mt) |
| Filing 155 ATTORNEY SUBSTITUTION: terminating attorney Robert C Braun for Power Lift LLC by plf Power Lift LLC and substituting attorney Barry Cappello of Cappello & McCann. Approved by Judge David O. Carter (mt) |
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Filing 154
ORDER by Judge David O. Carter on MCFA's request for protective order (see doc for specifics) (mt)
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| Filing 153 INDEX OF NON-CALIFORNIA CASE AUTHORITIES by dfts C Richard Cowan, Ziba Cowan in suppt of opp to plf's to motion for judgment on the pleadings [144-1] (mt) |
| Filing 152 REQUEST by dfts C Richard Cowan, Ziba Cowan for Judicial Notice in suppt of opp to motion for judgment on the pleadings [144-1] (mt) |
| Filing 151 MEMO OF P&A IN OPPOSITION by dfts Richard Cowan and Ziba Cowan to plf's motion for judgment on the pleadings [144-1] (mt) |
| Filing 150 AMENDED PROOF OF SERVICE by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King on 11/1/02 of joint discov stip & mot for expedited hrg on MCFA's req for protective ords concerning notices of depos of corp executives (mt) |
| Filing 149 USM Form 285 - writ of attachment by personal svc on 9/30/02; by mail on 10/1/02 B of A at 18622 MacArthur Blvd, Irvine, CA 92612 (mt) |
| Filing 148 USM Form 285 - writ of attachment personal svc on 9/30/02 ; by mail on 10/1/02 B of A at 500 Newport Center Dr, Newport Beach, CA (mt) |
| Filing 147 USM Form 285 - writ of attachment svc date 9/30/02; mail on 10/1/02 at B of A 3300 E Coast Hwy, Corona Del Mar, CA (mt) |
| Filing 146 EVIDENTIARY OBJECTIONS filed by Mitsubishi Caterpillar, Thomas M Labrador, Gregory King to declaration of C Richard Cowan [137-1] (mt) |
| Filing 145 REQUEST by plaintiff Mitsubishi Caterpillar for Judicial Notice in suppt of motion for judgment on the pleadings [144-1] (mt) |
| Filing 144 NOTICE OF MOTION AND MOTION by plaintiff Mitsubishi Caterpillar for judgment on the pleadings ; memo of P&A motion hearing set for 8:30 11/25/02 (mt) |
| Filing 143 INDEX OF NON-CALIFORNIA CASE AUTHORITIES by plf, dft & cntclm Mitsubishi Caterpillar (mt) |
| Filing 142 APPENDIX OF OUT OF JURISDICTION AUTHORITIES filed by counter-defendant Mitsubishi Cater in suppt of motion to dismiss [140-1] (mt) |
| Filing 141 DECLARATION of Mark M Monachino by counter-defendant Mitsubishi Caterpillar in suppt of motion to dismiss [140-1] (mt) |
| Filing 140 NOTICE OF MOTION AND MOTION by counter-defendant Mitsubishi Caterpillar Forklift America Inc to dismiss ; motion hearing set for 8:30 12/2/02 (mt) |
| Filing 139 JOINT DISCOVERY STIPULATION filed for expedited hearing on MCFA's request for protective orders concerning notices of deposition of corporate executives (mt) |
| Filing 138 DECLARATION of Tadashi Sotoike by Mitsubishi, Thomas M Labrador, Gregory King in suppt of MCFA's motion for protective order (mt) |
| Filing 137 DECLARATION of C Richard Cowan re MCFA request for protective orders by plf & cntdft Power Lift Corp, dfts, cntclms & cntdfts C Richard Cowan, Ziba Cowan, Robert Cowan, Lisa Cowan, Robert Cowan, Josef M Cowan, R&R Real Estate, La Mirada, Marina Contractors, Marina Investment, Ventura Material Handling, Gregory Collanton, & Cowan Holdings (mt) |
| Filing 136 FIRST AMENDED ANSWER [131-1] TO FIRST AMENDED COUNTERLAIM by dfts Power Lift Corp, C Richard Cowan, Ziba Cowan, Robert B Cowan, Lisa J Cowan, Josef M Cowan, R&R Real Estate Co, La Mirada Inc, Ventura Material Handling Co, Gregory Collanton, & Cowan Holdings (mt) |
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Filing 135
STIPULATION and ORDER by Judge David O. Carter to file 1st amended answer, asserting statute of limitation defenses to 1st amended counter claim (mt)
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Filing 134
JOINT STIPULATION and ORDER by Judge David O. Carteri canceling hrg of 10/21/02 on MCFA's claim of privileged docs and for ord sealing crt files containing MCFA privileged docs (mt)
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| Filing 133 NOTICE OF ASSOCIATION of Counsel for defendant Gregory A Collanton by attorney Josef M Cowan (mt) |
| Filing 132 ANSWER TO Mitsubishi Caterpillar Forklift America Inc's 1st amended COUNTERCLAIM [96-1] by counter-defendant Power Lift LLC (mt) |
| Filing 131 ANSWER TO FIRST AMENDED COUNTERCLAIM [96-1] by cntdfts Power Lift LLC, C Richard Cowan, Ziba S Cowan, Robert B Cowan, Lisa J Cowan, Josef M Cowan, R&R Real Estate Co, La Mirada DSS Inc, Marina Contractors Inc, Marina Investment Group Inc, Ventura Material Handling Co, Greg Collanton, Cowan Holdings LLC; demand for trial by jury (mt) Modified on 10/16/2002 |
| Filing 130 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by C Richard Cowan, Ziba Cowan, Robert B Cowan, Power Lift Corp (mt) |
| Filing 129 COUNTERCLAIM by C Richard Cowan, Ziba Cowan, Robert B Cowan, Power Lift Corp against cntdft Mitsubishi Caterpillar Forklift America Inc; jury demand; (mt) |
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Filing 127
JOINT STIPULATION and ORDER by Judge David O. Carter that sched ord entered on 1/28/02 in SACV01-815 is hereby vacated; sched ord entered on 4/8/02 in case SACV01-184 is hereby adopted for all purposes in the consolidated actions having case SACV01-815 DOC (ANx) as the lead case; the pretrial conf presently sched for 10/7/02 at 8:30am is hereby taken off calendar. (mt)
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Filing 126
STIPULATION and ORDER by Judge David O. Carter withdrawing motion to dismiss [113-1], to strike [113-2]. And extending time to answer amended counterclaim [96-1] to 10/15/02 as to plaintiff Mitsubishi, counter-defendant Thomas M Labrador, counter-defendant Gregory King; ext to 10/9/02 as to C. Richard Cown, Ziba Cowan & Power Lift Corp (mg)
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| Filing 128 NOTICE OF ASSOCIATION of Counsel for dfts Richard Cowan, Ziba Cowan, Robert B Cowan, Lisa J Cowan, Joseph M Cowan, R & R Real Estate Co, La Mirada DSS, Marina Contractors, Marina Investment, Ventura Material, Cowan Holdings LLC by Josef M Cowan (mt) |
| Filing 125 MINUTES (in chambers): denying plf's & counter-dfts motion to dismiss [113-1]; as bkcy Crt has resolved issues presented by counter-dft's mot to dismiss, mot is DENIED; by Judge David O. Carter CR: none present (see doc for specifics) (ln) |
| WRIT OF ATTACHMENT AFTER HEARING Issued (mt) |
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Filing 124
ORDER GRANTING MCFA'S MOT TO COMPEL PRODUCTION OF DOCUMENTS: by Judge David O. Carter: granting MCFA's motion to compel discovery/disclosure of docs from C Richard Cowan [105-1], denying MCFA's motion for sanctions against C Richard Cowan & [105-2] (see doc for specifics) (ln)
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| Filing 123 REPLY by C Richard Cowan, Ziba Cowan, Power Lift Corp to opp to motion to dismiss [113-1] (mt) |
| Filing 122 DECLARATION of Dennis Quimpo by C Richard Cowan, Ziba Cowan, Power Lift Corp (mt) |
| Filing 121 NOTICE OF GENERAL APPEARANCE of Counsel for plaintiff, dft & cntclm Mitsubishi Caterpillar, and defendants Gregory King, Thomas M Labrador by attorneys Jim P Mahacek, Gregory Bernard Scarlett (mt) |
| Filing 120 REPLY by defendants C Richard Cowan, Ziba Cowan and Power Lift Corp to opp to motion to dismiss [113-1] (mt) |
| Filing 119 MINUTES (in chambers): taking under submission: before Crt is dfts C Richard Cowan, Ziba Cowan mot to dismiss and /or strike Mitsubishi Caterpiller's 1st amended counterclaim; matter appropriate for decision w/out oral argument; ptys will be served w/Crt's ruling; hrg set for 9/16/02 is removed from Crt's cal ; by Judge David O. Carter CR: none present (see doc for fur specifics) (ln) |
| Filing 118 DECLARATION of Soo Lan Hom by defendants C Richard Cowan, Ziba Cowan re revised svc by FAX & by mail of resp of Power Lift Corp, Richard Cowan, & Ziba Cowan to motion re privileged docs [110-1] (mt) |
| Filing 117 NOTICE OF ERRATA by defendant C Richard Cowan, defendant Ziba Cowan re motion to dismiss [113-1] and strike [113-2] (mt) |
| Filing 116 DECLARATION of Soo Lan Hom by defendant C Richard Cowan, defendant Ziba Cowan re svc by mail of motion to dismiss [113-1] and strike [113-2] (mt) |
| AMENDED SUMMONS issued on cntclm (mt) |
| Filing 115 RESPONSE by Power Lift Corp, C Richard Cowan, Ziba Cowan to motion re privileged docs [110-1] (mt) |
| Filing 114 NOTICE OF ASSOCIATION of Counsel for dfts Mitsubishi Caterpillar, Gregory King, Thomas M Labrador by attorney Richard B Specter (mt) |
| Filing 113 NOTICE OF MOTION AND MOTION by defendant C Richard Cowan, defendant Ziba Cowan to dismiss and to strike ; motion hearing set for 8:30 10/21/02 (mt) |
| Filing 112 OPPOSITION by Mitsubishi Caterpillar Forklift to dfts' motion to dismiss [97-1] and motion to strike [97-2]; and decl of Jason A Archinaco in suppt thereof (mt) |
| Filing 111 Suppl decl of Jason A Archinaco by Mitsubishi Caterpillar Forklift, America Inc, Thomas M Labrador, and Gregory King re motion to compel discovery/disclosure of docs from C Richard Cowan [105-1]; and request for monetary sanctions against C Richard Cowan cnsl [105-2] [106-1] (yc) |
| Filing 110 NOTICE OF MOTION AND MOTION by Mitsubishi Cater, Gregory - King, Thomas M Labrador for return of privileged docs and decl of Jeffrey A Swedo, Dana K. Anderson, Craig Cawlfield, Ron Patton and Gregory E. King in suppt ; motion hearing set for 9:00 9/17/02 (yc) |
| Filing 109 AMENDED by plaintiff Mitsubishi Proof of service[108-1] (yc) |
| Filing 108 AFFIDAVIT OF SERVICE on 8/20/02 of ntc of motion, etc (yc) |
| Filing 107 DECLARATION of Jason A Archinaco by Mitsubishi Cater in suppt of MCFA's motion to compel discovery/disclosure of docs from C Richard Cowan [105-1] and request for sanctions against C Richard Cowan & cnsl [105-2] (mt) |
| Filing 106 JOINT STIPULATION filed re motion to compel discovery/disclosure of docs from C Richard Cowan [105-1]; and request for monetary sanctions against C Richard Cowan & cnsl [105-2] (mt) |
| Filing 105 NOTICE OF MOTION AND MOTION by Robert B Cowan to compel discovery/disclosure of docs from C Richard Cowan ; and request for sanctions against C Richard Cowan & cnsl ; motion hearing set for 9:00 9/10/02 (mt) |
| Filing 104 PROCESS RECEIPT AND RETURN USM Form 285 - writ of attachment executed 6/13/02 (mt) |
| Filing 103 SUPPLEMENTAL by C Richard Cowan, Ziba Cowan, Power Lift Corp to motion to dismiss [97-1] & motion to strike the entire 1st amended cntclm filed by Mitsubishi Caterpillar Forklift America Inc [97-2] (mt) |
| Filing 102 ATTORNEY SUBSTITUTION: terminating attorney Jeffrey A Swedo for Mitsubishi Cater by plf, dft, counter-claimant Mitsubishi Cater and substituting attorney Paul W Chandler; Approved by Judge David O. Carter (mt) |
| Filing 101 ATTORNEY SUBSTITUTION: terminating attorney Jeffrey A Swedo by 3rd pty counter-defendant Thomas M Labrador and substituting attorney Paul W Chandler; Approved by Judge David O. Carter (mt) |
| Filing 100 ATTORNEY SUBSTITUTION: terminating attorney Jeffrey A Swedo by 3rd party counter-defendant Gregory King and substituting attorney Paul W Chandler; Approved by Judge David O. Carter (mt) |
| Filing 99 NOTICE OF CHANGE Of ATTORNEY INFO filed by atty Paul W Chandler 3rd pty cntdfr Gregory King (mt) |
| Filing 98 ATTORNEY SUBSTITUTION: terminating the firm of Cappello & McCann LLP for C Richard Cowan and Ziba Cowan by defendants C Richard Cowan, Ziba Cowan and substituting attorneys Michael Gerard Fletcher, Thomas M Robins III. Approved by Judge David O. Carter (mt) |
| Filing 97 NOTICE OF MOTION AND MOTION by defendant C Richard Cowan, defendant Ziba Cowan, defendant Power Lift Corp to dismiss and/or to strike the entire 1st amended cntclm filed by Mitsubishi Caterpillar Forklift America Inc ; motion hearing set for 8:30 9/16/02 (mt) |
| Filing 96 FIRST AMENDED COUNTERCLAIM [95-1] by counter-claimant Mitsubishi Caterpillar; adding cntdfts Robert B Cowan, Lisa J Cowan, C Richard Cowan, Ziba S Cowan, Josef M Cowan, Robert and Lisa Cowan Family Trust, Richard and Ziba Cowan Family Trust, R & R Real Estate Co, La Mirada DSS, Marina Contractors, Marina Landscape Inc, Marina Investment Group Inc, Marina Investment Company Inc, Ventura Material Handling Company LLC, Cowan Holdings LLC, Gregory A Collanton, Roes 1-10 inclusive (mt) |
| SUMMONS issued on cntclm (mt) |
| Filing 94 MINUTES (In Chambers): taking dfts' motion to quash [90-1] off calendar & taking motion to modify & limit sections of plfs' for prod of records [90-2] off calendar; the mot was improperly ntc bef the District Judge; cnls may properly re-file the mot on Magistrate Judge Nakazato's cal; by Judge David O. Carter CR: not present (rmi) |
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Filing 93
STIPULATION and ORDER by Judge David O. Carter that SACV01-815DOC (ANx) is hereby consolidated w/SACV01-1084DOC (ANx) ; case #SACV01-815DOC (ANx) shall be the lead case; all future pldgs motions & other docs shall be filed w/a consol caption bearing case #SACV01-815DOC (ANx); (see doc for fur specifics) (rmi)
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| Filing 92 MINUTES (In Chambers): granting cntclm's motion for leave to file 1st amend cntclm [83-1]; clm 16 is stricken frm the cntlm; by Judge David O. Carter CR: not present (rmi) |
| Filing 91 DECLARATION of Matthew M. Clarke by defendant C Richard Cowan, defendant Ziba Cowan in suppt of motion to quash [90-1], motion to modify & limit sections of plfs' subpoenas for prod of records [90-2] (rmi) |
| Filing 90 NOTICE OF MOTION AND MOTION by defendant C Richard Cowan, defendant Ziba Cowan to quash , or in the alt, to modify & limit sections of plfs' subpoenas for prod of records ; memo of PA; motion hearing set for 8:30 7/29/02 (rmi) |
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Filing 89
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Mitsubishi by Jason A Archinaco. Designating Jeffrey A. Swedo as local counsel. Approved by Judge David O. Carter . (Fee pd) (rmi)
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| Filing 88 REPLY brief by plaintiff Mitsubishi in suppt of motion for leave to file 1st amend cntclm [83-1] (rmi) |
| Filing 87 MEMO OF COSTS AND DECLARATION of Matthew M. Clarke by defendant C Richard Cowan, defendant Ziba Cowan (rmi) |
| Filing 86 DECLARATION of C Richard Cowan in opp to Mitsubishi's motion for leave to file 1st amend cntclm [83-1] (mg) |
| Filing 85 OPPOSITION to MCFA's motion for leave to file 1st amend cntclm adding causes of actn & 3rd pty dfts [83-1] by Plfs/Counter-Dfts Power Lift Corp, Power Lift LLC (mg) |
| Filing 84 NOTICE OF ERRATA by plaintiff Mitsubishi correcting (proposed) first amended cntclm (rmi) |
| WRIT of attachment aft hrg Issued (rmi) |
| PLACED IN FILE - NOT USED; [Proposed] Ord GR Mitsubishi Caterpillar Forklift America Inc.'s mot for lv to file 1st A/Counterclaim; ldg 6/7/02 (mg) |
| Filing 83 NOTICE OF MOTION AND MOTION by plaintiff Mitsubishi for leave to file 1st amend cntclm ; memo of PA & decl of Jeffrey A. Swedo in suppt thereof; motion hearing set for 8:30 7/1/02 Lodged ord (rmi) |
| Filing 82 USM Form 285 executed writ of attachment (rmi) |
| Filing 81 USM Form 285 executed writ of attachment (rmi) |
| Filing 80 USM Form 285 executed writ of attachment (rmi) |
| Filing 79 USM Form 285 executed writ of attachment (rmi) |
| Filing 78 USM Form 285 executed writ of attachment (rmi) |
| Filing 77 USM Form 285 executed writ of attachment (rmi) |
| Filing 76 USM Form 285 executed writ of attachment (rmi) |
| Filing 75 USM Form 285 executed writ of attachment (rmi) |
| Filing 74 USM Form 285 executed writ of attachment (rmi) |
| PLACED IN FILE - NOT USED: prop ord diqualifying judge (rmi) |
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Filing 73
ORDER by Judge Alicemarie H. Stotler denying plf's motion to disqualify Judge Carter [71-1] (rmi)
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| Filing 72 REFERRAL OF MOTION To Disqualify Judge/Magistrate Judge filed. Purs to GO 224 and GO 194, referring motion to disqualify Judge purs to 28 USC Section 455(a) [71-1] to Judge Alicemarie H. Stotler for determination; all procdgs stayed until determination of motion. (cc: all counsel) (mg) |
| Filing 71 NOTICE OF MOTION AND MOTION by plaintiff Mitsubishi Caterpillar Forklift America Inc to disqualify Judge purs to 28 USC Section 455(a) ; decls of Gregory King & Jeffrey Swedo (date & time to be set by Crt) (mg) Modified on 02/27/2002 |
| Filing 70 NOTICE OF ASSOCIATION of Counsel for defendant C Richard Cowan, defendant Ziba Cowan by attorney Robert C Braun (rmi) |
| Filing 69 NOTICE OF WITHDRAWAL by plaintiff Mitsubishi withdrawing motion for temporary restraining order [57-1], withdrawing motion for preliminary injunction [57-2] (cc: all counsel) (rmi) |
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Filing 68
SCHEDULING ORDER by Judge David O. Carter (rmi)
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| Filing 67 MINUTES: the crt conducts scheduling conference , the crt sets the fol case mgt dates: discovery ddl set on 8/9/02; expert discov cutoff: 9/20/02; motion filing ddl set on 9/30/02; Pretrial Conference set for 8:30 10/7/02; court trial set on 8:30 11/5/02 ; trial estimate 10 days; pretrial sched ord signed, served on cnsl & in open crt & filed this date; crt ord all discov matter heard bef the district judge; by Judge David O. Carter CR: Debbie Gale (rmi) |
| Filing 66 JOINT REPORT OF PARITES AFTER FRCP 26(f) MEETING OF PARTIES ; est length of trial 3-10 days (rmi) |
| Filing 65 Notice of change of date & time of hrg by plaintiff Mitsubishi to motion for temporary restraining order [57-1], motion for preliminary injunction [57-2] (rmi) |
| Filing 64 DECLARATION of Jeffrey A. Swedo by plaintiff Mitsubishi (rmi) |
| Filing 63 NOTICE OF ASSOCIATION of Counsel for plaintiff Mitsubishi by attorney Jack I Samet, Wendy E Stanford, Lisa I Carteen (rmi) |
| Filing 62 PROOF OF SERVICE BY MESSENGER by plaintiff Mitsubishi on 1/3/02 of Ntc of appl & appl for TRO & prelim injunction & supporting docs. (ts) |
| Filing 61 PROOF OF SERVICE BY MAIL by plaintiff Mitsubishi on 1/3/02 of Ntc of appl & appl for TRO & prelim injunction & supporting docs. (ts) |
| Filing 60 DECLARATION of Gregory E King by plaintiff Mitsubishi in support of motion for temporary restraining order [57-1], motion for preliminary injunction [57-2] (ts) |
| Filing 59 DECLARATION of TM ("Tom)" Labrador by plaintiff Mitsubishi in support of application for temporary restraining order [57-1] (ts) |
| Filing 58 REQUEST by plaintiff Mitsubishi for Judicial Notice of decls previously filed in related action re motion for temporary restraining order [57-1], re motion for preliminary injunction [57-2] (ts) |
| Filing 57 NOTICE OF APPLICATION & APPLICATION by plaintiff Mitsubishi for temporary restraining order , and for preliminary injunction ; motion hearing set for 10:00 2/4/02 (ts) |
| FINANCIAL ENTRY: opended MM acct w/U.S. Bank for $7500.00 EN (rmi) |
| Filing 56 NOTICE by plaintiff Mitsubishi of filing orig proof of svc re Judge executed & crt conformed req & ord for svc of process by registered svc (rmi) |
| Filing 55 NOTICE OF FINLING PROOF OF SERVICE by plaintiff Mitsubishi on 12/7/01 of amend right to attach ord aft hrg (see doc for specifics) (rmi) |
| Filing 54 AMENDED RIGHT TO ATTACH ORDER AFTER HEARING by Discovery Arthur Nakazato; the crt gr plf, Mitsubishi Caterpillar Forklift America Inc's appl for right to attach ord and ord for issuance of writ of attach agnst the property of dfts, Richard Cowan & Ziba Cowan; an undertaking in the amt of $7500.00 s req bef a writ shall issue; the crt purs to CCP 485.240 found plf is entitled to a right to attach ord on 11/8/01; plf has right to attach property of dftC. Richard Cowan &/or Ziba Cowan in the amt of $5,000,000.00 plus attys' fees & costs (see doc for specifics) (rmi) |
| Filing 53 Agreement of Mitsubishi Caterpillar Forklift America Inc auth clrk to of crt to apply deposit filed by plf, Mitsubishi (rmi) |
| Filing 52 Cover Page to accompany Mitsubishi Caterpillar Forklift America Inc's depost in lieu of bond filed by plf Mitsubishi (rmi) |
| Filing 51 Agreement of Mitsubishi Caterpillar Forklift of America Inc auth clrk of crt to apply deposit; posted $7500.00 undertaking/issued writ of attachment (rmi) |
| WRIT of attach after hrg issued (rmi) |
| Filing 50 REQUEST/ORDER by Discovery Arthur Nakazato that American Legal Support Services is auth to serve writ of attach & right to attach ord issued by this crt & any other docs which are used to effect attachment & that the U.S. Marshal's Office will remand on record as the levying officer (rmi) |
| Filing 49 NOTICE OF ASSOCIATION of Counsel for plaintiff Mitsubishi by attorney (law firm of Bowman and Brooke LLP) (rmi) |
| WRIT of attachment after hrg Issued (rmi) |
| WRIT of attachment Issued (rmi) |
| Filing 95 COUNTERCLAIM by dft & crsclm Mitsubishi Caterpillar Forklift America Inc, adding cntdft Power Lift Corp, Power Lift LLC (mt) |
| WRIT Issued (ca) |
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Filing 48
ORDER by Judge David O. Carter setting scheduling conf for 8:30am on 1/28/02 READ IMMEDIATELY (see doc for specifics) (send) (mt)
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| Filing 43 MINUTES by Discovery Arthur Nakazato re plf's appl for right to attach ord & ord for a writ of attachment: Rulings: The appl is GRANTED (see doc for specifics) Tape No.: SA01-45 (psend) (mt) |
| Filing 42 RIGHT TO ATTACH ORDER AND ORDER by Discovery Arthur Nakazato for issuance of writ of attachment after hearing ; Plf has a right to attach prop of dft C Richard Cowan and/or Ziba Cowan in the amt of $5,000,000.00 plus atty's fees & costs; The clerk shall issue a writ of attachment; Dft shall transf to the levying ofcr possession of: (see doc for specifics) (psend) (mt) |
| Filing 47 NOTICE OF FILING ORIGINAL SIGNATURE PAGESe by plaintiff Mitsubishi (rmi) |
| Filing 45 MEMORANDUM IN SUPPORT by plaintiff Mitsubishi of application for right to attached ord, ord for issuance of writ of attach [5-1] (ts) |
| Filing 44 SUPPL DECLARATION of Gregory King by plaintiff Mitsubishi in reply to Dfts' opposition for application for right to attached ord, ord for issuance of writ of attach [5-1] (ts) |
| Filing 46 APPENDIX OF NON-CA AUTH by defendant C Richard Cowan, defendant Ziba Cowan in support of dfts' opposition and objs to application for right to attached ord, ord for issuance of writ of attach [5-1] (ts) |
| Filing 41 DECLARATION of Greg Collanton by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 40 NOTICE OF OPPOSITION and objections by defendant C Richard Cowan, defendant Ziba Cowan to application for right to attached ord, ord for issuance of writ of attach [5-1]; opp, obj & clm exemp (rmi) |
| Filing 39 APPENDIX of non-calif auth filed by defendant C Richard Cowan, defendant Ziba Cowan in suppt of dfts' opp & obj to appl for right to attach ord & ord for issuance of writ of attach [5-1] (rmi) |
| Filing 38 MEMORANDUM of PA IN SUPPORT by defendant C Richard Cowan, defendant Ziba Cowan of ntc of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1]; opp, obj & clm exemp (rmi) |
| Filing 37 DECLARATION of Josef M. Cowan by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 36 DECLARATION of Gary Oritz by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 35 DECLARATION of Ziba Cowan by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 34 DECLARATION of Robert B. Cowan by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 33 DECLARATION of William K. Doyle by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & obj to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 32 DECLARATION of Leila J. Noel by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & objections to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 31 DECLARATION of C. Richard Cowan by defendant C Richard Cowan, defendant Ziba Cowan ini suppt of opp & objections to application for right to attached ord, ord for issuance of writ of attach [5-1] & in suppt of claimed exemptions (rmi) |
| Filing 30 DECLARATION of Gregor E. King by plaintiff Mitsubishi re dflts of Power Lift (rmi) |
| Filing 29 DECLARATION of Gregory E. King by plaintiff Mitsubishi in suppt of plf's application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 28 MEMORANDUM of PA by plaintiff Mitsubishi in support of mot for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 27 DECLARATION of Gregory E. King by plaintiff Mitsubishi in rply to evid subm by dfts (incl Richard Cowan's decl) in opp to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 26 NOTICE by plaintiff Mitsubishi of appl & hrg for right to attach ord & writ of attach; hrg set for 11/8/01 at 10:00 a.m. (rmi) |
| Filing 25 DECLARATION of Gregory E King by plaintiff Mitsubishi authenticating docs in support of its motion for issuance of writ of attach [5-1] (ts) |
| Filing 24 Notice OF INTERESTED PARTIES filed by defendant C Richard Cowan, defendant Ziba Cowan (rmi) |
| Filing 23 ANSWER filed by defendant C Richard Cowan, defendant Ziba Cowan to complaint [1-1] (rmi) |
| Filing 18 MINUTES OF HEARING re application for right to attach ord and for iss of writ of attachment [5-1] held by Discovery Arthur Nakazato. Hearing contd to 11/8/01 at 10:00am. Ord ptys to file & srv suppl papers as follows: (1) Plf shall file & srv suppl decls & evidence in suppt of appl on or bef 10/24/01; (2) Dfts shall file & srv suppl opp to appl & opposing evidence on or bef 10/31/01; (3) Plf shall file & srv any suppl rply on or bef 11/5/01. Tape No.: SA01-43 (send) (mt) |
| Filing 22 DECLARATION of Gregory E. King by plaintiff Mitsubishi in rply to dfts' opp to application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 21 REPLY by plaintiff Mitsubishi to objections raised by dfts re plf's appl for right to attach ord & ord for issuance of writ of attach & for claimed exemptions [15-1]; decl of Greg King (rmi) |
| Filing 20 OPPOSITION by defendant C Richard Cowan, defendant Ziba Cowan to plf's suppl memo of PA in suppt of mot for writ of attachment [5-1] (rmi) |
| Filing 19 DECLARATION of Leila J. Noel by defendant C Richard Cowan, defendant Ziba Cowan in suppt of dfts' opp to plf's suppl memo of PA in suppt of mot for writ of attachment [5-1] (rmi) |
| Filing 12 APPENDIX of non-calif auth filed by defendant C Richard Cowan, defendant Ziba Cowan in suppt of dfts' opp & objections to appl for right to attach ord & oord for issuance of writ of attachment [5-1] (rmi) |
| Filing 17 MEMORANDUM of PA by defendant C Richard Cowan, defendant Ziba Cowan in support of ntc of opp & objections to appl for right to attach ord & for issuance of writ of attach [15-1]; opp, objections & claimed exemptions (rmi) |
| Filing 16 APPENDIX of non-calif auth filed by defendant C Richard Cowan, defendant Ziba Cowan in suppt of dfts' opp & objections to appl for right to attach ord & ord for issuance of writ of attachment [15-1] (rmi) |
| Filing 15 NOTICE OF OPPOSITION AND OBJECTIONS filed by defendant C Richard Cowan, defendant Ziba Cowan to application for right to attached ord, ord for issuance of writ of attach [5-1]; and claimed exemption (rmi) |
| Filing 14 DECLARATION of C. Richard Cowan by defendant C Richard Cowan, defendant Ziba Cowan in suppt of opp & objections to application for right to attached ord, ord for issuance of writ of attach [5-1] & in suppt of claimed exemption (rmi) |
| Filing 13 SUPPLEMENTAL MEMORANDUM of PA IN SUPPORT by plaintiff Mitsubishi of application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) Modified on 03/24/2003 |
| Filing 11 NOTICE OF CLERICAL ERROR: right to attach ord shld have been lodged and not filed (rmi) |
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Filing 10
STIPULATION and ORDER by Judge David O. Carter extending time to answer complaint [1-1] to 10/18/01 as to defendant C Richard Cowan, defendant Ziba Cowan & re meet & confer on possible mot for attachment (see doc for specifics) (rmi)
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| Filing 9 PROOF OF SERVICE by plaintiff - Mitsubishi on 9/27/01 of ntc of appl & hrg for right to atach ord, etc (see doc for specifics) (rmi) |
| Filing 8 DECLARATION of Gregory E. King by plaintiff - Mitsubishi in suppt of plf's application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 7 MEMORANDUM of PA by plaintiff - Mitsubishi in support of application for right to attached ord, ord for issuance of writ of attach [5-1] (rmi) |
| Filing 6 NOTICE by plaintiff - Mitsubishi of hearing on application for right to attached ord, ord for issuance of writ of attach [5-1] 10:00 10/18/01 (rmi) |
| Filing 5 APPLICATION filed by plaintiff - Mitsubishi for right to attached ord, ord for issuance of writ of attach aft hrg (rmi) |
| Filing 4 PROOF OF SERVICE executed upon defendant C Richard Cowan ; Service by Federal statute on 8/30/01 via personal delivery by serving summs & cmp to (dft) (rmi) |
| Filing 3 PROOF OF SERVICE executed upon defendant Ziba Cowan ; Service by federal statute on 8/30/01 via personal by serving summs & cmp to (dft) (rmi) |
| Filing 2 NOTICE OF CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff (ad) |
| Filing 1 COMPLAINT filed, Summons issued; Referred to Discovery Arthur Nakazato (ad) (lwag). |
| Filing 396 NOTICE OF CHANGE Of Name and Address filed by attorney Bradley E Brook for Howard M Ehrenberg, Chapter 11 Trustee of Power Lift LLC (mt) |
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