Securities and Exchange Commission v. Lambert Vander Tuig et al
Plaintiff: Securities and Exchange Commission
Defendant: Lambert Vander Tuig, The Carolina Development Company Inc, Lambert Vander Tag, Dean L Vandertag, Schools First Federal Credit Union, Dean L Vander Tag, Jonathan Carman and The Carolina Company at Pinehurst Inc
Petitioner: C Dillow & Company, Harold O'laughlin, Karen Good Assignee of Record doing business as JEB and Daniel C Mack
Claimant: Sonja Stave and Astor Stave
Interested Party: Jess Larsen, C Everett Enterprises Inc, Elizabeth Quiroz, Charles E Lyster, Nick Larsen, Ken Iles, Jill Kraus and Soren Svendsen
Receiver: Thomas A Seaman
Not Classified By Court: MD Joseph Springer, Kirk Porter and Scott Yard
Case Number: 8:2006cv00172
Filed: February 16, 2006
Court: US District Court for the Central District of California
Presiding Judge: Marc L Goldman
Referring Judge: Josephine L Staton
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on April 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2019 Filing 906 NOTICE OF RENEWAL OF JUDGMENT Issued RE: Renewal of Judgment #905 . (jp)
April 16, 2019 Filing 905 RENEWAL OF JUDGMENT - NUNC PRO TUNC by Clerk that Judgment Creditor, Karen Good dba JEB - Judgment Enforcement Bureau shall have a Renewal of Judgment - Nunc Pro Tunc - against Judgment Debtor William Sean Brazney. Renewal of money judgment against William Sean Brazney: Total Renewal Judgment: $147,367.31. (jp)
April 9, 2019 Opinion or Order Filing 904 NUNC PRO TUNC ORDER by Judge Josephine L. Staton that Judgment Creditor Karen Good shall have a Renewal of Judgment - Nunc Pro Tuc - against Judgment Debtor William Sean Brazney and RENEWAL OF JUDGMENT BY CLERK be renewed Nunc Pro tunc, June 11, 2018 #899 . Renewal of money judgment against William Sean Brazney: Total Renewed Judgment: $147,367.31. (jp)
March 28, 2019 Filing 903 PROOF OF SERVICE BY MAIL filed by Movant Karen Good, re APPLICATION for Renewal of Judgment #900 , Memorandum in Support of Motion #901 , Declaration (Motion related) #902 served on 3/25/2019. (jp)
March 28, 2019 Filing 902 DECLARATION of KAREN GOOD in support of APPLICATION for and Renewal of Judgment #899 , #900 filed by Movant Karen Good. (jp)
March 28, 2019 Filing 901 MEMORANDUM OF POINTS AND AUTHORITIES in Support of APPLICATION for and Renewal of Judgment #900 filed by Movant Karen Good. (jp)
March 28, 2019 Filing 900 APPLICATION for Renewal of Judgment re Judgment #600 filed by Movant Karen Good. (Attachments: #1 Renewal of Judgment, #2 Notice of Renewal of judgment By Clerk). (jp)
March 28, 2019 Filing 899 APPLICATION for Nunc Pro Tunc Order filed by Movant Karen Good. (Attachments: #1 Proposed Order). (jp)
December 28, 2018 Filing 897 Mail Returned addressed to Harold O'laughlin, 34 Massier Lane, Foothill Ranch, CA 92610 re Deficiency in Electronically Filed Documents (G-112A) - optional html form #893 . Return to Sender. No longer at this address. Not deliverable as addressed. Unable to forward. (lwag)
December 26, 2018 Filing 898 Mail Returned addressed to Harold O'Laughlin re Notice of Reassignment of Case Due to Unavailability of Judicial Officer (G-74) (DJ) - optional html form, #892 . (mrgo) (Main Document 898 replaced on 1/10/2019) (rsm).
November 9, 2018 Filing 896 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Electronically Filed Documents (G-112A) - optional html form, #893 . Movant was not served with document number #893 Notice of Filer Deficiencies filed on 9/14/18 due to the address not added on the court docket. Documents number 893 will be served by US Mail. (shb)
October 3, 2018 Filing 895 Mail Returned addressed to Lambert Vander Tuig, 37 Shea Ridge, Rancho Santa Margarita, CA 92688 re Notice of Reassignment of Case Due to Unavailability of Judicial Officer (G-74) (DJ) - optional html form, #892 . Return to Sender. Attempted-Not Known. Unable to Forward. (lwag)
September 27, 2018 Filing 894 Mail Returned addressed to Jill Kraus 37 Shea Ridge Ranch Santa Margarita CA 92688 re Notice of Reassignment of Case Due to Unavailability of Judicial Officer (G-74) (DJ) - optional html form, #892 (es)
September 14, 2018 Filing 893 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Order for Renewal of Judgment #888 . The following error(s) was/were found: A state form was used, however the Application for Renewal of Judgment must be formatted pursuant to Local Rules of the Central District of California No indication of interest rate applied to calculation No proposed Renewal of Judgment Notice of Renewal of Judgment must be prepared for the clerk to issue In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
September 13, 2018 Filing 892 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge Josephine L. Staton for all further proceedings. Case number will now read as SACV06-00172-JLS (MLGx). (dv)
June 26, 2018 Filing 891 Notice of Appearance or Withdrawal of Counsel: for attorney Amy J Longo counsel for Plaintiff Securities and Exchange Commission. Karen Matteson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Longo, Amy)
June 26, 2018 Filing 890 Notice of Appearance or Withdrawal of Counsel: for attorney Amy J Longo counsel for Plaintiff Securities and Exchange Commission. Adding Amy Jane Longo as counsel of record for Securities and Exchange Commission for the reason indicated in the G-123 Notice. Filed by Plaintiff Securities and Exchange Commission. (Attorney Amy J Longo added to party Securities and Exchange Commission(pty:pla))(Longo, Amy)
June 11, 2018 Filing 889 PROOF OF SERVICE filed by Movant Karen Good, re APPLICATION for Order for Renewal of Judgment #888 served on 06/09/2018. (dro)
June 11, 2018 Filing 888 APPLICATION for Renewal of Judgment filed by Movant Karen Good. (dro) (Additional attachment(s) added on 9/13/2018: #1 Lodged Notice of Renewal of Judgment) (dv).
August 19, 2016 Filing 885 Mail Returned addressed to Daniel C. Mack re Minutes of In Chambers Order/Directive - no proceeding held #869 (shb)
July 11, 2016 Filing 884 Mail Returned addressed to Daniel C. Mack re Letter #868 . (jre)
July 11, 2016 Filing 883 Mail Returned addressed to Jonathan Carman re Order on Motion for Final Accounting and Motion for Compensation by Receiver #853 (jre)
July 1, 2016 Filing 880 Mail Returned addressed to Jonathan Carman re Minutes of In Chambers Order Minutes of In Chambers Order Re Letter #869 . (gk)
July 1, 2016 Filing 879 Mail Returned addressed to Jonathan Carman re Letter from Joseph Springer, M.D. #868 . (gk)
July 1, 2016 Filing 878 Mail Returned addressed to Harold O'Laughlin re Minutes of In Chambers Order Re Letter #869 . (gk)
July 1, 2016 Filing 877 Mail Returned addressed to Harold O'Laughlin re Letter from Joseph Springer, M.D. #868 . (gk)
June 23, 2016 Filing 882 Mail Returned addressed to Lambert Vander Tuig re Minutes of In Chambers Order #869 . (lom)
June 23, 2016 Filing 881 Mail Returned addressed to Jill Kraus re Minutes of In Chambers Order #869 . (lom)
June 23, 2016 Filing 876 Mail Returned addressed to Jill Kraus, 37 Shea Ridge, Rancho Santa Margarita, CA 92688 re Letter #868 . Return to Sender. Attempted-Not Known. Unable to Forward. (lwag)
June 23, 2016 Filing 875 Mail Returned addressed to Lambert Vander Tuig, 37 Shea Ridge, Rancho Santa Margarita, CA 92688 re Letter #868 . Return to Sender. Attempted-Not Known. Unable to Forward. (lwag)
June 13, 2016 Filing 874 Mail Returned addressed to Daniel C Mack re Order on Motion for Final Accounting and Motion for Compensation by Receiver; Order on Motion for Attorney Fees #864 . (lom)
June 13, 2016 Filing 873 Mail Returned addressed to Jill Kraus re Order on Motion for Final Accounting and Motion for Compensation by Receiver; Order on Motion for Attorney Fees #864 . (lom)
June 13, 2016 Filing 872 Mail Returned addressed to Lambert Vander Tuig re Order on Motion for Final Accounting and Motion for Compensation by Receiver; Order on Motion for Attorney Fees #864 . (lom)
June 13, 2016 Filing 871 Mail Returned addressed to Harold O'laughlin re Order on Motion for Final Accounting and Motion for Compensation by Receiver, Order on Motion for Attorney Fees #864 . (lom)
June 13, 2016 Opinion or Order Filing 869 MINUTE ORDER IN CHAMBERS re: Letter received June 13, 2016 by Judge George H. King: On June 13, 2016, the Court received a letter from Joseph Springer, M.D. We direct the Clerk of Court to file the letter as of the date it was received. (bm)
June 13, 2016 Filing 868 Letter from Joseph Springer, M.D. (bm)
June 10, 2016 Filing 870 Mail Returned addressed to Jonathan Carman re Order on Motion for Final Accounting and Motion for Compensation by Receiver #864 . (lom)
June 10, 2016 Filing 867 Mail Returned addressed to Harold O'laughlin, Return to Sender, Attempted - Not Known, Unable to Forward, Not At This Address, re Minutes of In Chambers Order/Directive - no proceeding held #855 (bm)
June 1, 2016 Filing 866 Mail Returned addressed to Jill Kraus, 37 Shea Ridge, Rancho Santa Margarita, CA 92688 re Minutes of In Chambers Order/Directive - no proceeding held #855 . Return to Sender. No such person at this address. (lwag)
June 1, 2016 Filing 865 Mail Returned addressed to Lambert Vander Tuig, 37 Shea Ridge, Rancho Santa Margarita, CA 92688 re Minutes of In Chambers Order/Directive - no proceeding held #855 . Return to Sender. Undeliverable. (lwag)
May 27, 2016 Opinion or Order Filing 864 MINUTES (IN CHAMBERS) Order re: (1) Motion to Sell Real Property, Conclude Affairs of the Receivership, Approve Receivers Final Account and Report, and Discharge Receiver; (2) Receiver's Fourteenth and Final Fee Application; and (3) Sheppard, Mullin, Richter and Hampton LLP's Fourteenth and Final Fee Application [Dkt. Nos. 842, 844, 845] by Judge George H. King: I. Motion to Sell Real Property, Conclude Affairs of the Receivership, Approve Receiver's Final Account and Report, and Discharge Receiver: For the foregoing reasons, we GRANT the Motion. The Receiver shall be discharged from his duties and the receivership shall conclude upon termination of the Receiver's role in California's process for disposing of unclaimed property with respect to the remaining un-negotiated distribution checks to claimants. II. Receiver's Fourteenth and Final Fee Application and Sheppard, Mullin, Richter and Hampton LLP's Fourteenth and Final Fee Application: For the foregoing reasons, we GRANT the Receiver Fee Application and find that Receiver is entitled to reasonable compensation for services provided and reimbursement of costs incurred from November 1, 2013 through the conclusion of the receivership in the amount of $100,108.50. Likewise, we GRANT the SMRandH Fee Application and find that SMRandH is entitled to reasonable compensation for services provided and reimbursement of costs incurred from November 1, 2013 through the conclusion of the receivership in the amount of $56,752.79 plus $3,982.00, for the estimated fees and expenses incurred through entry of this Order. We also approve on a final basis all of Receiver and SMRandH's fees and costs previously approved on an interim basis by the Court. (see document for further details) (bm)
May 19, 2016 Filing 863 Mail Returned addressed to Daniel C. Mack re Minutes of In Chambers Order/Directive - no proceeding held,, #855 (dro)
May 19, 2016 Filing 862 Mail Returned addressed to Harold O'laughlin, Return to Sender, Attempted - Not Known, Unable to Forward, re Order on Motion for Final Accounting and Motion for Compensation by Receiver, Order on Motion for Attorney Fees #853 (bm)
May 10, 2016 Filing 861 Mail Returned addressed to Lambert Vander Tuig re Order on Motion for Final Accounting and Motion for Compensation by Receiver. Order on Motion for Attorney Fees. #853 (dgon)
May 10, 2016 Filing 860 Mail Returned addressed to Jill Kraus re Order on Motion for Final Accounting and Motion for Compensation by Receiver Order on Motion for Attorney Fees. #853 (dgon)
May 10, 2016 Filing 859 Mail Returned addressed to Jonathan Carman re Minutes of In Chambers Order/Directive - no proceeding held,, #855 (dgon)
May 10, 2016 Filing 858 RESPONSE filed by Plaintiff Securities and Exchange Commissionto Letter #854 , Minutes of In Chambers Order/Directive - no proceeding held,, #855 (Mori, Cheryl)
May 9, 2016 Filing 857 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Response #856 Receivers Response to Objection of J. Springer; Declaration of Thomas A. Seaman served on May 9, 2016. (Holbrook, Matthew)
May 9, 2016 Filing 856 RESPONSE filed by Receiver Thomas A Seamanto Letter #854 , Minutes of In Chambers Order/Directive - no proceeding held,, #855 Receivers Response to Objection of J. Springer; Declaration of Thomas A. Seaman (Holbrook, Matthew)
April 27, 2016 Opinion or Order Filing 855 MINUTE ORDER IN CHAMBERS re: Letter received April 26, 2016 by Judge George H. King: On April 26, 2016, the Court received a letter from Joseph Springer, M.D. that raises an objection to the pending motions filed by Receiver Thomas S. Seaman and his counsel to conclude the affairs of the receivership and to receive approval for their final fee applications. We direct the Clerk of Court to file the letter as of the date it was received. We now direct Plaintiff and Receiver to file a response to Springer's letter within fourteen days of entry of this Order. (bm)
April 26, 2016 Filing 854 Letter from Joseph Springer, M.D. (bm)
April 20, 2016 Opinion or Order Filing 853 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission [842, 843], #844 , #845 : On the court's own motion, Final Accounting for Compensation by Receiver [842, 843], and Application for Attorneys' Fees [844, 845], noticed for hearing on APRIL 25, 2016, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date pursuant to Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)
April 4, 2016 Filing 852 MEMORANDUM in Support of FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver MOTION TO SELL REAL PROPERTY, CONCLUDE AFFAIRS OF THE RECEIVERSHIP, APPROVE RECEIVER'S FINAL ACCOUNT & REPORT, AND DISCHARGE RECEIVER; RECEIVER'S FINAL ACCOUNT & #842 filed by Plaintiff Securities and Exchange Commission. (Mori, Cheryl)
March 29, 2016 Filing 851 DECLARATION OF SERVICE filed by Receiver Thomas A Seaman, re Proof of Service (subsequent documents), #850 , Notice of Motion, #847 , Notice of Motion, #846 , Notice of Motion,, #843 SERVICE LIST FOR RECEIVER'S DECLARATION OF PROOF OF SERVICE OF NOTICES served on March 25, 2016. (Holbrook, Matthew)
March 28, 2016 Filing 850 DECLARATION OF SERVICE filed by Receiver Thomas A Seaman, re Notice of Motion, #847 , Notice of Motion, #846 , Notice of Motion,, #843 RECEIVER'S DECLARATION OF PROOF OF SERVICE OF NOTICES served on March 25, 2016. (Holbrook, Matthew)
March 21, 2016 Filing 849 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re APPLICATION for Attorney Fees RECEIVERS FOURTEENTH AND FINAL FEE APPLICATION #845 , FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver MOTION TO SELL REAL PROPERTY, CONCLUDE AFFAIRS OF THE RECEIVERSHIP, APPROVE RECEIVER'S FINAL ACCOUNT & REPORT, AND DISCHARGE RECEIVER; RECEIVER'S FINAL ACCOUNT & #842 , Fourteenth APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLPS FOURTEENTH AND FINAL FEE APPLICATION; (2) DECLARATION OF ALAN H. MARTIN; and (3) DECLARATION OF THOMAS A. SEAMAN #844 , Notice of Motion, #847 , Notice of Motion, #846 , Notice of Motion,, #843 , Errata, #848 PROOF OF SERVICE OF COURT'S MANUAL NOTICE LIST served on March 21, 2016. (Holbrook, Matthew)
March 21, 2016 Filing 848 NOTICE OF ERRATA filed by Receiver Thomas A Seaman. correcting Fourteenth APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLPS FOURTEENTH AND FINAL FEE APPLICATION; (2) DECLARATION OF ALAN H. MARTIN; and (3) DECLARATION OF THOMAS A. SEAMAN #844 NOTICE OF ERRATA ON [PROPOSED] ORDER APPROVING SHEPPARD, MULLIN, RICHTER & HAMPTON LLPS FOURTEENTH AND FINAL FEE APPLICATION FILED WITH FEE APPLICATION (Holbrook, Matthew)
March 21, 2016 Filing 847 NOTICE OF MOTION re Fourteenth APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLPS FOURTEENTH AND FINAL FEE APPLICATION; (2) DECLARATION OF ALAN H. MARTIN; and (3) DECLARATION OF THOMAS A. SEAMAN #844 NOTICE OF SHEPPARD, MULLIN, RICHTER & HAMPTON LLPS FOURTEENTH AND FINAL FEE APPLICATION filed by Receiver Thomas A Seaman. Motion set for hearing on 4/25/2016 at 09:30 AM before Judge George H. King. (Holbrook, Matthew)
March 21, 2016 Filing 846 NOTICE OF MOTION re APPLICATION for Attorney Fees RECEIVERS FOURTEENTH AND FINAL FEE APPLICATION #845 NOTICE OF RECEIVERS FOURTEENTH AND FINAL FEE APPLICATION filed by Receiver Thomas A Seaman. Motion set for hearing on 4/25/2016 at 09:30 AM before Judge George H. King. (Holbrook, Matthew)
March 21, 2016 Filing 845 APPLICATION for Attorney Fees RECEIVERS FOURTEENTH AND FINAL FEE APPLICATION filed by Receiver Thomas A Seaman. Application set for hearing on 4/25/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order) (Holbrook, Matthew)
March 21, 2016 Filing 844 Fourteenth APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLPS FOURTEENTH AND FINAL FEE APPLICATION; (2) DECLARATION OF ALAN H. MARTIN; and (3) DECLARATION OF THOMAS A. SEAMAN filed by Receiver Thomas A Seaman. Application set for hearing on 4/25/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order) (Holbrook, Matthew)
March 21, 2016 Filing 843 NOTICE OF MOTION re FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver MOTION TO SELL REAL PROPERTY, CONCLUDE AFFAIRS OF THE RECEIVERSHIP, APPROVE RECEIVER'S FINAL ACCOUNT & REPORT, AND DISCHARGE RECEIVER; RECEIVER'S FINAL ACCOUNT & #842 NOTICE OF MOTION TO SELL REAL PROPERTY, CONCLUDE AFFAIRS OF THE RECEIVERSHIP, APPROVE RECEIVERS FINAL ACCOUNT & REPORT, AND DISCHARGE RECEIVER filed by Receiver Thomas A Seaman. Motion set for hearing on 4/25/2016 at 09:30 AM before Judge George H. King. (Holbrook, Matthew)
March 21, 2016 Filing 842 FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver MOTION TO SELL REAL PROPERTY, CONCLUDE AFFAIRS OF THE RECEIVERSHIP, APPROVE RECEIVER'S FINAL ACCOUNT & REPORT, AND DISCHARGE RECEIVER; RECEIVER'S FINAL ACCOUNT & REPORT; DECLARATION OF THOMAS SEAMAN filed by Receiver Thomas A Seaman. Motion set for hearing on 4/25/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Proposed Order) (Holbrook, Matthew)
November 24, 2015 Filing 841 ACKNOWLEDGEMENT of Re-Assignment of Judgment filed by Movant Karen Good. (lwag)
November 24, 2015 Filing 840 ACKNOWLEDGMENT of Re-Assignment of Judgment filed by Movant Karen Good. (lwag)
November 17, 2015 Opinion or Order Filing 839 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING 1) Acknowledgment of Re-Assignment of Judgment (Miller) submitted by Movant Karen Good received on 11/12/15 is not to be filed but instead rejected. Denial based on: Fed. R. Civ. P. 5: No proof of service attached to document(s). (bm)
November 17, 2015 Opinion or Order Filing 838 NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING 1) Acknowledgment of Re-Assignment of Judgment (Anderson) submitted by Movant Karen Good received on 11/12/15 is not to be filed but instead rejected. Denial based on: Fed. R. Civ. P. 5: No proof of service attached to document(s). (bm)
June 25, 2015 Filing 836 (Martinez, Karen)
June 19, 2015 Filing 837 Mail Returned addressed to Daniel C. Mack re Motion Hearing Order on Motion for Order of Sale #826 (ab)
June 16, 2015 Filing 832 Mail Returned addressed to Lambert Vander Tuig re Motion Hearing,,, Order on Motion for Order of Sale,, #826 (dgon)
June 16, 2015 Filing 831 Mail Returned addressed to Harold O'Laughlin re Motion Hearing,,, Order on Motion for Order of Sale,, #826 (dgon)
June 9, 2015 Filing 835 Mail Returned addressed to Jill Kraus re Minutes of In Chambers Order/Directive - no proceeding held, #827 (dgon)
June 9, 2015 Filing 834 Mail Returned addressed to Daniel C. Mack re Minutes of In Chambers Order/Directive - no proceeding held, #827 (dgon)
June 9, 2015 Filing 833 Mail Returned addressed to Lambert Vander Tuig re Minutes of In Chambers Order/Directive - no proceeding held, #827 (dgon)
June 4, 2015 Filing 830 Mail Returned addressed to Jill Kraus, Return to Sender, Attempted - Not Known, Unable to Forward, No Such Person at this address, re In Chambers Conference #822 (bm)
June 4, 2015 Filing 829 Mail Returned addressed to Lambert Vander Tuig, Return to Sender, Attempted Not Known, Unable to Forward, No such person at this address, re In Chambers Order #822 (bm)
May 28, 2015 Filing 828 Mail Returned addressed to Harold O'laughlin, Wrong Address, re Minutes of In Chambers Order/Directive - no proceeding held, #827 (bm)
May 21, 2015 Opinion or Order Filing 827 MINUTE ORDER IN CHAMBERS re: Motion for Approval to Sell Approximately 20 Acres in Moore County, North Carolina [Dkt. Nos. 821, 824] by Judge George H. King: For the foregoing reasons, we GRANT Receivers Motion for Approval to Sell Approximately 20 Acres in Moore County, North Carolina. (see document for further details) (bm)
May 18, 2015 Filing 826 MINUTES MOTION BY RECEIVER FOR APPROVAL TO SELL 20 ACRES IN MOORE COUNTY, NORTH CAROLINA #821 held before Judge George H. King: Matter called. Counsel and receiver are present. No appearance on behalf of defendant. Courthears from counsel. The Court has read and considered the Motion by Receiver for Approval to Sell 20 Acres in Moore County, North Carolina, and for the reasons stated on the record Motion is GRANTED. Court to issue further order.IT IS SO ORDERED. Court Reporter: Khowoonsun (Koni) Chong. (ab)
May 18, 2015 Filing 825 Mail Returned addressed to Harold O'laughlin re Minute Order In Chambers #822 . Attempted not known. Return to sender. (jre)
May 13, 2015 Filing 824 SUPPLEMENT to MOTION for Order of Sale re: 20 Acres in Moore County, North Carolina 1) MOTION FOR (I) HEARING DATE OF MAY 18, 2015 OR LATER FOR THE COURT TO HEAR THE INSTANT MOTION AND (II) APPROVAL TO SELL APPROXIMATELY 20 ACRES IN MOORE COUNTY, NORTH CAROLINA #821 (1) SUPPLEMENTAL REPORT THAT NO OVERBID OFFERS WERE RECEIVED TO PURCHASE APPROXIMATELY 20 ACRES IN MOORE COUNTY, NORTH CAROLINA; and (2) DECLARATION OF THOMAS A. SEAMAN filed by Receiver Thomas A Seaman. (Holbrook, Matthew)
April 29, 2015 Filing 823 Mail Returned addressed to Daniel C Mack, Return to Sender, Not Deliverable As Addressed, Unable to Forward, re In Chambers Conference Order #822 (bm)
April 16, 2015 Opinion or Order Filing 822 MINUTES OF (In Chambers) ORDER RE: MOTION FOR (1) HEARING DATE OF mAY 18, 2015 OR LATER FOR THE COURT TO HEAR THE INSTANT MOTION AND (2) APPROVAL TO SELL APPROXIMATELY 20 ACRES IN MOORE COUNTY, NORTH CAROLINA [DKT. NO. 821] by Judge George H. King: Before the Court is Receiver Thomas A. Seamans (Receiver) Motion for (1) Hearing Date of May 18, 2015 or Later for the Court to Hear the Instant Motion and (2) Approval to Sell Approximately 20 Acres in Moore County, North Carolina (Motion), filed on March 31, 2015. The Court sets the Motion for oral argument on May 18, 2015 at 9:30 a.m. in Courtroom 650 of theEdward R. Roybal Federal Building and United States Courthouse, located at 255 East Temple Street,Los Angeles, California 90012. IT IS SO ORDERED. Court Reporter: N/A. (ab)
March 31, 2015 Filing 821 NOTICE OF MOTION AND MOTION for Order of Sale re: 20 Acres in Moore County, North Carolina 1) MOTION FOR (I) HEARING DATE OF MAY 18, 2015 OR LATER FOR THE COURT TO HEAR THE INSTANT MOTION AND (II) APPROVAL TO SELL APPROXIMATELY 20 ACRES IN MOORE COUNTY, NORTH CAROLINA; (2) DECLARATION OF THOMAS A. SEAMAN; (3) DECLARATION OF MATTHEW B. HOLBROOK; AND (4) DECLARATION OF JUSTIN GOOD; PROOF OF SERVICE; and PROPOSED ORDERS filed by Receiver Thomas A Seaman. (Attachments: #1 Proposed Order Setting Hearing Date, #2 Proposed Order Approving Receiver's Sale of 20 Acres)(Holbrook, Matthew)
September 18, 2014 Filing 820 Notice of Appearance or Withdrawal of Counsel: for attorney Karen L Martinez counsel for Plaintiff Securities and Exchange Commission. Filed by Plaintiff Securities and Exchange Commission. (Martinez, Karen)
June 24, 2014 Filing 819 NOTICE of Change of address by Thomas M Melton attorney for Plaintiff Securities and Exchange Commission. Changing attorneys address to 351 S. West Temple, Suite 6.100, Salt Lake City, Utah 84101. Filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
February 12, 2014 Opinion or Order Filing 818 ORDER by Judge Alicemarie H. Stotler: Approving #807 Thirteenth Interim Fee Application on the Receiver. (twdb)
February 12, 2014 Opinion or Order Filing 817 ORDER by Judge Alicemarie H. Stotler: Approving #806 Thirteenth Interim Fee Application of Sheppard, Mullin, Richter and Hampton LLP. (twdb)
February 12, 2014 Opinion or Order Filing 816 ORDER by Judge Alicemarie H. Stotler: granting #804 Motion for Disbursement of Funds to Investors. (twdb)
February 10, 2014 Filing 815 MINUTES OF #804 Motion to Approve Second Distribution of Funds; #806 13th Interim Fee Application; and #807 13th Interim Fee Application of the Receiver held before Judge Cormac J. Carney. The matters stand submitted. Court Reporter: Maria Dellaneve-Beesley. (nbo)
February 3, 2014 Filing 814 MEMORANDUM in Support of Thirteenth APPLICATION for Attorney Fees RECEIVER'S THIRTEENTH INTERIM FEE APPLICATION #807 filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
January 15, 2014 Filing 813 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas H Bienert, Jr counsel for Interested Parties C Everett Enterprises Inc, Charles E Lyster. Susann K. Narholm is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Charles Lyster. (Attachments: #1 Affidavit Proof of Service)(Bienert, Thomas)
January 15, 2014 Filing 812 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas H Bienert, Jr counsel for Interested Parties C Everett Enterprises Inc, Charles E Lyster. Susann K. Narholm is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Charles Lyster. (Bienert, Thomas)
January 14, 2014 Filing 811 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice of Motion, #810 , Notice of Motion, #809 , Notice of Motion,, #808 served on January 10, 2014. (Attachments: #1 Service List of Carolina Investors (redacted street addresses))(Holbrook, Matthew)
January 9, 2014 Filing 810 NOTICE OF MOTION re Second MOTION for Disbursement of Funds distribution to investor-victims #804 SECOND AMENDED NOTICE OF MOTION TO APPROVE SECOND DISTRIBUTION OF FUNDS TO INVESTORS filed by Receiver Thomas A Seaman. Motion set for hearing on 2/10/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Holbrook, Matthew)
January 9, 2014 Filing 809 NOTICE OF MOTION re Thirteenth APPLICATION for Attorney Fees RECEIVER'S THIRTEENTH INTERIM FEE APPLICATION #807 NOTICE OF THIRTEENTH INTERIM FEE APPLICATION filed by Receiver Thomas A Seaman. Motion set for hearing on 2/10/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Holbrook, Matthew)
January 9, 2014 Filing 808 NOTICE OF MOTION re Thirteenth APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLP'S THIRTEENTH INTERIM ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR FEBRUARY 1, 2012 THROUGH OCTOBER 31, 2013; DECLARATIONS OF ALAN H. MARTIN AND THOM #806 NOTICE OF THIRTEENTH INTERIM FEE APPLICATION OF SHEPPARD, MULLIN, RICHTER & HAMPTON LLP filed by Receiver Thomas A Seaman. Motion set for hearing on 2/10/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Holbrook, Matthew)
January 9, 2014 Filing 807 Thirteenth APPLICATION for Attorney Fees RECEIVER'S THIRTEENTH INTERIM FEE APPLICATION filed by Receiver Thomas A Seaman. Application set for hearing on 2/10/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit A, #2 Proof of Service, #3 Proposed Order)(Holbrook, Matthew)
January 9, 2014 Filing 806 Thirteenth APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLP'S THIRTEENTH INTERIM ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR FEBRUARY 1, 2012 THROUGH OCTOBER 31, 2013; DECLARATIONS OF ALAN H. MARTIN AND THOMAS A. SEAMAN filed by Receiver Thomas A Seaman. Application set for hearing on 2/10/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibits A-D, #2 Proof of Service, #3 Proposed Order)(Holbrook, Matthew)
December 6, 2013 Filing 805 NOTICE OF MOTION re Second MOTION for Disbursement of Funds distribution to investor-victims #804 AMENDED NOTICE OF MOTION TO APPROVE SECOND DISTRIBUTION OF FUNDS TO INVESTORS filed by Receiver Thomas A Seaman. Motion set for hearing on 2/3/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Holbrook, Matthew)
December 4, 2013 Filing 804 NOTICE OF MOTION AND Second MOTION for Disbursement of Funds distribution to investor-victims filed by Receiver Thomas A Seaman. Motion set for hearing on 1/20/2014 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 NOTICE OF MOTION TO APPROVE SECOND DISTRIBUTION OF FUNDS TO INVESTORS, #2 Proposed Order [PROPOSED] ORDER APPROVING SECOND DISTRIBUTION OF FUNDS TO INVESTORS)(Holbrook, Matthew)
March 5, 2013 Filing 803 REPORT of RECEIVER'S FOURTEENTH SIX-MONTH ACCOUNTING REPORT FOR THE PERIOD ENDING JANUARY 31, 2013 filed by Receiver Thomas A Seaman. (Holbrook, Matthew)
February 25, 2013 Opinion or Order Filing 802 ORDER by Judge Alicemarie H. Stotler, APPROVING RECEIVER'S SALE OF 205 ACRES IN MOORE COUNTY, NORTH CAROLINA: Approving #797 Motion for Order of Sale: THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:The Receiver is authorized to sell three parcels of real property consisting of approximately 205.95 acres surrounding The Carolina golf course in Moore County, North Carolina, as described fully in Exhibit B to the Motion, to Williams II, Inc. (or its designee) for $1,375,000. In connection with the sale, the Receiver is authorized to pay all customary fees, costs, and expenses, including, without limitation, real estate broker commissions. (rla)
February 25, 2013 Filing 801 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: RECEIVER'S MOTION FOR APPROVAL TO SELL 205 Acres in Moore County, North Carolina [ECF No. 797]]: Cause called. Hearing held. The Court grants the above-entitled motion. Proposed order to be signed and filed. Court Reporter: Deborah Parker. (rla)
February 20, 2013 Filing 800 SUPPLEMENT to MOTION for Order of Sale re: Motion for Approval to Sell 205 Acres in Moore County, North Carolina #797 (1) SUPPLEMENTAL REPORT THAT NO OVERBID OFFERS WERE RECEIVED TO PURCHASE 205 ACRES IN MOORE COUNTY, NORTH CAROLINA; and (2) DECLARATION OF THOMAS A. SEAMAN filed by Receiver Thomas A Seaman. (Holbrook, Matthew)
February 4, 2013 Opinion or Order Filing 799 MINUTE ORDER IN CHAMBERS by Judge Alicemarie H. Stotler: Advancing Hearing on Motion For Approval to Sell 205 Acres in Moore County, North Carolina [ECF No. 797] to Monday, February 25, 2013 at 10:00 a.m. (rla)
February 4, 2013 Filing 798 NOTICE OF MOTION re MOTION for Order of Sale re: Motion for Approval to Sell 205 Acres in Moore County, North Carolina #797 NOTICE OF CHANGE OF HEARING DATE ON MOTION FOR APPROVAL TO SELL 205 ACRES IN MOORE COUNTY, NORTH CAROLINA filed by Receiver Thomas A Seaman. Motion set for hearing on 2/25/2013 at 10:00 AM before Judge Alicemarie H. Stotler. (Holbrook, Matthew)
January 29, 2013 Filing 797 NOTICE OF MOTION AND MOTION for Order of Sale re: Motion for Approval to Sell 205 Acres in Moore County, North Carolina filed by Receiver Thomas A Seaman. Motion set for hearing on 3/4/2013 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Holbrook, Matthew)
January 17, 2013 Filing 796 AFFIDAVIT by affiant: Karen Good and request for issuance of writ of execution re Judgment, #598 filed by Receiver Thomas A Seaman (twdb)
January 17, 2013 Filing 795 AFFIDAVIT by affiant: Karen Good and Request for Issuance of writ of Execution re Judgment, #600 filed by Receiver Thomas A Seaman (twdb)
January 17, 2013 Second Alias WRIT of Execution issued. (twdb)
January 17, 2013 second alias WRIT of Execution issued re #598 . (twdb)
January 14, 2013 Filing 794 NOTICE of Change of Attorney Information for attorney Michael Adam Wallin counsel for Receiver Thomas A Seaman. Michael A. Wallin will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Michael A. Wallin is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Receiver Thomas A. Seaman (Wallin, Michael)
January 14, 2013 Filing 793 NOTICE of Change of Attorney Information for attorney Michael Adam Wallin counsel for Receiver Thomas A Seaman. Adding Matthew B. Holbrook as attorney as counsel of record for Thomas A. Seaman, Receiver for the reason indicated in the G-06 Notice. Filed by Receiver Matthew B. Holbrook (Wallin, Michael)
January 9, 2013 Filing 792 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Entered date of Writ/Abstract is incorrect (refer to docket); We already issued an alias writ of execution; this request must be a "second Alias Writ of Execution"... Please return this form with the corrected document when returned to the clerk's office for filing. (dro)
January 9, 2013 Filing 791 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Entered date of Writ/Abstract is incorrect (refer to docket); We already issued an alias writ of execution; this request must be a "second Alias Writ of Execution". Please return this form with the corrected document when returned to the clerk's office for filing. (dro)
December 21, 2012 Filing 790 PROOF OF SERVICE re second alias writ of execution filed by Assignee of Record Karen M Good, served on 10/17/12. (twdb)
December 21, 2012 Filing 789 PROOF OF PERSONAL OF SERVICE filed by Assignee of Record Karen M Good, served on 10/17/12. (twdb)
December 21, 2012 Filing 788 PROCESS RECEIPT AND RETURN (USM-285) Banking Withholding Order, returned executed upon Karen M Good on 10/17/12. Remarks: Mailed on 10/17/12. (twdb)
October 23, 2012 Opinion or Order Filing 787 ORDER by Judge Alicemarie H. Stotler, granting MOTION for Order of Sale re: Approval of Sale of Six Lots in Moore County, North Carolina #783 . (twdb)
October 22, 2012 Filing 786 NOTICE OF LODGING filed NOTICE OF LODGING OF [PROPOSED] ORDER APPROVING THE RECEIVER'S SALE OF SIX LOTS IN MOORE COUNTY, NORTH CAROLINA re MOTION for Order of Sale re: Approval of Sale of Six Lots in Moore County, North Carolina (1) NOTICE OF MOTION AND MOTION FOR APPROVAL TO SELL SIX LOTS IN MOORE COUNTY, NORTH CAROLINA; (2) DECLARATION OF THOMAS A. SEAMAN; (3) DECLARATION OF JOSEPH MOTION for Order of Sale re: Approval of Sale of Six Lots in Moore County, North Carolina (1) NOTICE OF MOTION AND MOTION FOR APPROVAL TO SELL SIX LOTS IN MOORE COUNTY, NORTH CAROLINA; (2) DECLARATION OF THOMAS A. SEAMAN; (3) DECLARATION OF JOSEPH #783 (Attachments: #1 Proposed Order)(Wallin, Michael)
October 22, 2012 Filing 785 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: RECEIVER'S MOTION FOR APPROVAL TO SELL SIX LOTS IN MOORE COUNTY, NORTH CAROLINA [ECF NO. 783]:The Court grants the above-entitled motion. Counsel to electronic submit a proposed order today for the Court's consideration. Counsel to include the status of the criminal case, including the case number, in the next six-month report. Court Reporter: Deborah Parker. (rla)
October 17, 2012 Filing 784 SUPPLEMENT to MOTION for Order of Sale re: Approval of Sale of Six Lots in Moore County, North Carolina (1) NOTICE OF MOTION AND MOTION FOR APPROVAL TO SELL SIX LOTS IN MOORE COUNTY, NORTH CAROLINA; (2) DECLARATION OF THOMAS A. SEAMAN; (3) DECLARATION OF JOSEPH MOTION for Order of Sale re: Approval of Sale of Six Lots in Moore County, North Carolina (1) NOTICE OF MOTION AND MOTION FOR APPROVAL TO SELL SIX LOTS IN MOORE COUNTY, NORTH CAROLINA; (2) DECLARATION OF THOMAS A. SEAMAN; (3) DECLARATION OF JOSEPH #783 (1) SUPPLEMENTAL REPORT THAT NO OVERBID OFFERS WERE RECEIVED TO PURCHASE SIX LOTS IN MOORE COUNTY, NORTH CAROLINA; and (2) DECLARATION OF THOMAS A. SEAMAN filed by Receiver Thomas A Seaman. (Wallin, Michael)
September 19, 2012 Filing 783 NOTICE OF MOTION AND MOTION for Order of Sale re: Approval of Sale of Six Lots in Moore County, North Carolina (1) NOTICE OF MOTION AND MOTION FOR APPROVAL TO SELL SIX LOTS IN MOORE COUNTY, NORTH CAROLINA; (2) DECLARATION OF THOMAS A. SEAMAN; (3) DECLARATION OF JOSEPH MATHEWS, JR.; DECLARATION OF CASSIE DREXEL; and (5) DECLARATION OF A. FRANKLIN DEAN filed by Receiver Thomas A Seaman. Motion set for hearing on 10/22/2012 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
September 10, 2012 Filing 782 REPORT of RECEIVER'S THIRTEENTH SIX-MONTH ACCOUNTING REPORT FOR THE PERIOD ENDING JULY 31, 2012 filed by Receiver Thomas A Seaman. (Wallin, Michael)
June 27, 2012 Filing 781 PROCESS RECEIPT AND RETURN (USM-285) Earning Withholding, returned executed upon Karen M Good on 5/10/12. Remarks: served to Wesloh Automotive Wesloh Kia, Lisa Howell, office manager. (twdb)
June 27, 2012 Filing 780 PROOF OF Personal SERVICE writ of execution, upon Wesloh Automotive Wesloh Kia c/o Lisa Howell, Office Manager filed by plaintiff Securities and Exchange Commission, served on 5/10/12. (twdb)
June 27, 2012 Filing 779 PROCESS RECEIPT AND RETURN (USM-285) re: BANK LEVY; returned executed upon Lambert Vander Tuig on 5/07/2012. Remarks: Served 5-7-12 5:10 pm date (illegible signature) Mailed 5-10-12 date. (rla)
June 27, 2012 Filing 778 PROOF OF SERVICE filed by Movant Karen M Good, Elizabeth Quiroz served on 5/10/2012. re Writ of Execution, Notice of Levy to: Wells Fargo Bank, Notice of Levy to Elizabeth Quiroz, Exemptions form the Enforcement of Judgments. (rla)
June 27, 2012 Filing 777 PROOF OF SERVICE filed by Movant Karen M Good, Writ of Execution, Notice of Levy, Memorandum of Garnishee; served on 5/07/2012. (rla)
June 27, 2012 Filing 776 PROOF OF SERVICE; filed by Movant Karen M Good, Writ of Execution, Notice of Levy to: Wells Fargo Bank, Notice of Levy to Mark Downing, Exemptions form the Enforcement of Judgment; served on 5/10/2012. (rla)
June 4, 2012 Opinion or Order Filing 775 ORDER APPROVING TWELFTH INTERIM FEE APPLICATION OF THE RECEIVER by Judge Alicemarie H. Stotler: THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:The Receiver is entitled to compensation for services provided andreimbursement for costs incurred in the amount of $115,014.50 #766 . (twdb)
June 4, 2012 Opinion or Order Filing 774 ORDER APPROVING TWELFTH INTERIM FEE APPLICATION OF SHEPPARD, MULLIN, RICHTER &HAMPTON LLP by Judge Alicemarie H. Stotler: granting #764 Application for Attorney Fees in the amount of $24,676.00. (twdb)
June 4, 2012 Filing 773 MINUTES OF Receivers 12th Interim Fee Application [ECF No. 766]and Sheppard, Mullin, Ricter & Hampton LLPs 12th Interim Application for Allowance of Compensation and Reimbursement of Expenses for August 1, 2010 through January 31, 2012 [ECF No. 764] held before Magistrate Judge Arthur Nakazato. Due to Judge Stotlers absence, these proceedings are heard before Magistrate Judge Nakazato. Court notes the presence of Receiver Thomas Seaman. Court, counsel, and parties confer. Court will recommend to Judge Stotler that both applications be approved.Court Recorder: CourtSmart. (db)
May 31, 2012 Filing 772 MEMORANDUM in Support of APPLICATION for Attorney Fees RECEIVER'S TWELFTH INTERIM FEE APPLICATION #766 , APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLP'S TWELFTH INTERIM APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR AUGUST 1, 2010 THROUGH JANUARY 31, 2012 #764 filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
May 4, 2012 Filing 771 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re APPLICATION for Attorney Fees RECEIVER'S TWELFTH INTERIM FEE APPLICATION #766 DECLARATION OF PROOF OF SERVICE OF NOTICE OF TWELFTH INTERIM FEE APPLICATION OF THE RECEIVER served on May 1, 2012. (Wallin, Michael)
May 4, 2012 Filing 770 OF SERVICE filed by Receiver Thomas A Seaman, re APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLP'S TWELFTH INTERIM APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR AUGUST 1, 2010 THROUGH JANUARY 31, 2012 #764 DECLARATION OF PROOF OF SERVICE OF NOTICE OF TWELFTH INTERIM FEE APPLICATION OF SHEPPARD, MULLIN, RICHTER & HAMPTON LLP served on May 1, 2012. (Wallin, Michael)
April 30, 2012 Filing 769 AFFIDAVIT by affiant: Karen Good and Request for Issuance of Writ of Execution filed by Movant Karen M Good re Judgment entered 10/2/08 (twdb)
April 30, 2012 Filing 768 Alias WRIT of Execution, Returned Unexecuted re Elizabeth Quiroz (twdb)
April 30, 2012 SECOND ALIAS WRIT of Execution issued. RE 10/2/8 Judgment against Elizabeth Quiroz. (twdb)
April 20, 2012 Filing 767 NOTICE OF MOTION re APPLICATION for Attorney Fees RECEIVER'S TWELFTH INTERIM FEE APPLICATION #766 NOTICE OF TWELFTH INTERIM FEE APPLICATION OF THE RECEIVER filed by Receiver Thomas A Seaman. Motion set for hearing on 6/4/2012 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
April 20, 2012 Filing 766 APPLICATION for Attorney Fees RECEIVER'S TWELFTH INTERIM FEE APPLICATION filed by Receiver Thomas A Seaman. Application set for hearing on 6/4/2012 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Wallin, Michael)
April 20, 2012 Filing 765 NOTICE OF MOTION re APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLP'S TWELFTH INTERIM APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR AUGUST 1, 2010 THROUGH JANUARY 31, 2012 #764 NOTICE OF TWELFTH INTERIM FEE APPLICATION OF SHEPPARD, MULLIN, RICHTER & HAMPTON LLP filed by Receiver Thomas A Seaman. Motion set for hearing on 6/4/2012 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
April 20, 2012 Filing 764 APPLICATION for Attorney Fees SHEPPARD, MULLIN, RICHTER & HAMPTON LLP'S TWELFTH INTERIM APPLICATION FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR AUGUST 1, 2010 THROUGH JANUARY 31, 2012 filed by Attorneys for Receiver Thomas A Seaman. Application set for hearing on 6/4/2012 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Wallin, Michael)
March 26, 2012 Filing 763 REPORT of (1) SUPPLEMENTAL REPORT THAT NO OVERBID OFFERS WERE RECEIVED TO PURCHASE LOT 2175 IN MOORE COUNTY, NORTH CAROLINA; and (2) DECLARATION OF THOMAS A. SEAMAN filed by Receiver Thomas A Seaman. (Wallin, Michael)
March 6, 2012 Filing 762 REPORT of RECEIVER'S TWELFTH SIX-MONTH ACCOUNTING REPORT FOR THE PERIOD ENDING JANUARY 31, 2012 filed by Receiver Thomas A Seaman. (Wallin, Michael)
November 1, 2011 SUBPOENA IN A CIVIL CASE issued as to defendants. (rla)
October 4, 2011 Filing 761 REPORT of RECEIVER'S ELEVENTH SIX-MONTH ACCOUNTING REPORT FOR THE PERIOD ENDING JULY 31, 2011 filed by Receiver Thomas A Seaman. (Wallin, Michael)
October 3, 2011 Filing 760 PROCESS RECEIPT AND RETURN (USM-285) type of process blank, returned executed on 7/10/11. Remarks: Mailed 7/12/11. (twdb)
September 23, 2011 Filing 759 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Lambert Vander Tuig et al, on 6/10/11. Remarks: SERVED (2) 6-10-11 date. (rla)
September 23, 2011 Filing 758 PROCESS RECEIPT AND RETURN (USM-285) Writ of Execution returned executed upon Wells Fargo Bank on 07/21/11. Remarks: Mailed on: 07/25/11. (nbo)
July 13, 2011 Filing 757 ALIAS WRIT of EXECUTION issued (rla)
July 13, 2011 Filing 887 ALIAS WRIT of Execution issued re judgment entered 10/2/08 in favor of Thomas A. Seaman, against Fred Lee Miller (twdb) (lwag).
July 13, 2011 Filing 756 AFFIDAVIT and Request for Issuance of Writ of Execution by affiant: Karen Good, against Elizabeth Quiroz; filed by Receiver Thomas A Seaman (rla)
July 13, 2011 Filing 755 AFFIDAVIT by affiant: Karen Good and Request for Issuance of Writ of Execution re Judgment #598 filed by Movant Karen M Good. (Attachments: #1 alias writ)(twdb)
June 30, 2011 Filing 754 AFFIDAVIT by affiant: Karen Good and REQUEST FOR ISSUANCE OF WRIT OF EXECUTION re Judgment #600 (twdb)
June 30, 2011 ALIAS WRIT of EXECUTION issued (twdb)
May 5, 2011 Opinion or Order Filing 753 ORDER by Judge Alicemarie H. Stotler: granting Request for Service of Process by Registered Process Server #751 (mt)
May 4, 2011 Filing 752 NOTICE OF LODGING proposed Order for Service of Process by Registered Process server filed by Assignee of Record Karen M Good (rla)
May 4, 2011 Filing 751 REQUEST for SERVICE OF PROCESS BY REGISTERED PROCESS SERVER; filed by Assignee of Record Karen M Good. (rla) Modified on 5/6/2011 (rla).
April 4, 2011 Filing 886 ALIAS WRIT of EXECUTION issued (rla) (lwag).
April 4, 2011 Filing 749 AFFIDAVIT AND REQUEST FOR ISSUANCE OF WRIT OF EXECUTION by affiant: KAREN GOOD filed by Receiver Thomas A Seaman (rla)
March 7, 2011 Filing 742 SIX-MONTH REPORT of Receiver's Tenth Six-Month Accounting Report for the Period Ending January 31, 2011 filed by Receiver Thomas A Seaman. (Wallin, Michael)
March 4, 2011 Filing 741 MINUTES OF Hearing held before Judge Alicemarie H. Stotler: granting #725 APPLICATION FOR ENTRY OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST THE CAROLINA DEVELOPMENT CO., INC.: Receiver provides the Court with a status report as to the remaining assets.Court Reporter: Deborah Parker. (rla)
March 4, 2011 Filing 740 FINAL JUDGMENT of permanent injunction and other relief against The Carolina Development Company Inc by Judge Alicemarie H. Stotler. (twdb)
March 2, 2011 Opinion or Order Filing 739 ORDER by Judge Alicemarie H. Stotler: granting Application for Order for Plaintiff to Appear Telephonically #738 (mt)
March 2, 2011 Filing 738 APPLICATION for Order for to Appear Telephonically filed by Plaintiff Securities and Exchange Commission. Application set for hearing on 3/4/2011 at 02:30 PM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order Text of Proposed Order for Plaintiff to Appear Telephonically)(Martinez, Karen)
February 23, 2011 Filing 737 ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT against Donald Loren Anderson; filed by Receiver Thomas A Seaman. (rrp)
February 23, 2011 Filing 736 ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT against Fred Lee Miller; filed by Receiver Thomas A Seaman. (rrp)
February 23, 2011 Filing 735 ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT against Elizabeth Quiroz; filed by Receiver Thomas A Seaman. (rrp)
February 23, 2011 Filing 734 ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT against William Sean Brazney; filed by Receiver Thomas A Seaman. (rrp)
February 15, 2011 Opinion or Order Filing 729 MINUTE ORDER IN CHAMBERS by Judge Alicemarie H. Stotler: CONTINUING HEARING ON PLAINTIFF'S APPLICATION FOR ENTRY OF FINAL JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST THE CAROLINA DEVELOPMENT COMPANY, INC. #725 TO MARCH 4, 2011, AT 2:30 PM. (rla)
February 10, 2011 Filing 728 WRIT of EXECUTION Returned Unexecuted (rla) (Main Document 728 replaced on 12/7/2016) (lwag).
February 10, 2011 Filing 727 WRIT of EXECUTION Returned Unexecuted (rla) (Main Document 727 replaced on 12/7/2016) (lwag). (Main Document 727 replaced on 12/7/2016) (lwag).
February 10, 2011 Filing 726 WRIT of EXECUTION Returned UNEXECUTED (rla) (Main Document 726 replaced on 12/7/2016) (lwag).
February 4, 2011 Filing 725 APPLICATION for Judgment (FINAL) of Permanent Injunction and Other Relief as to The Carolina Development Company, Inc. filed by Plaintiff Securities and Exchange Commission. Application set for hearing on 2/28/2011 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit Exhibit "A": Consent of The Carolina Development Company, Inc. to Entry of Final Judgment of Permanent Injunction and Other Relief, #2 Proposed Order Exhibit "B": Text of Proposed Final Judgment of Permanent Injunction and Other Relief as to The Carolina Development Company, Inc.)(Martinez, Karen)
January 21, 2011 Filing 724 NOTICE ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT filed by defendant The Carolina Development Company Inc. (twdb)
January 21, 2011 Filing 723 NOTICE ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT filed by defendant The Carolina Development Company Inc. (twdb)
January 21, 2011 Filing 722 NOTICE ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT filed by defendant The Carolina Development Company Inc. (twdb)
January 21, 2011 Filing 721 ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT against William Sean Brazney; filed by Receiver Thomas A Seaman. (rla)
January 10, 2011 Filing 720 Letter from Joseph Springer, MD (ln)
January 10, 2011 Opinion or Order Filing 719 MINUTE ORDER IN CHAMBERS by Judge Alicemarie H. Stotler: Court orders correspondence received 12/21/10 to be filed; (ln)
December 17, 2010 Filing 715 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler; Court GRANTS Receivers Eleventh APPLICATION for Allowance of Compensation and Reimbursement of Expenses #701 , Eleventh APPLICATION for Attorney Fees #703 and Third Interim Application for Allowance of Compensation and Reimbursement of Expenses for November 1, 2009 through July 31, 2010 #705 . Orders to issue. Court Reporter: Maria Dellaneve. (ln)
December 17, 2010 Opinion or Order Filing 714 ORDER approving eleventh interim fee application of Sheppard, Mullin, Richter & Hampton LLP (doc no 701) by Judge Alicemarie H. Stotler #701 . THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: SMR&H is entitled to compensation for services provided in the amount of $110,527.50 and reimbursement for costs incurred in the amount of $14,270.84. (twdb)
December 17, 2010 Opinion or Order Filing 713 ORDER approving eleventh interim fee application of the receiver (doc no 703) by Judge Alicemarie H. Stotler: It is hereby ordered as follows: The Receiver is entitled to compensation for services provided and reimbursement for costs incurred in the amount of $74,598.50 #703 (twdb)
December 17, 2010 Opinion or Order Filing 712 ORDER by Judge Alicemarie H. Stotler, Approving Crowe Horwath LLP's Third Interim Application for Allowance of Compensation and Reimbursement of Expenses #705 . Therefore, It Is Hereby Ordered as Follows: Crowe Horwath is entitled to compensation for services and reimbursement for costs in the total amount of $10,324.13. (twdb)
December 10, 2010 Filing 711 MEMORANDUM in Support of Eleventh APPLICATION for Attorney Fees Receiver's Eleventh Interim Fee Application #703 filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
November 11, 2010 Filing 710 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #706 DECLARATION OF PROOF OF SERVICE OF NOTICE OF THIRD INTERIM FEE APPLICATION OF CROWE HORWATH (Notice served on 11/3/10) served on November 3, 2010. (Wallin, Michael)
November 11, 2010 Filing 709 Proof OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #704 DECLARATION OF PROOF OF SERVICE OF NOTICE OF ELEVENTH INTERIM FEE APPLICATION OF THE RECEIVER (Notice served 11/3/10) served on November 3, 2010. (Wallin, Michael)
November 11, 2010 Filing 708 Proof OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #702 DECLARATION OF PROOF OF SERVICE OF NOTICE OF ELEVENTH INTERIM FEE APPLICATION OF SHEPPARD, MULLIN, RICHTER & HAMPTON LLP (Notice served on 11/3/10) served on November 3, 2010. (Wallin, Michael)
November 2, 2010 Filing 707 NOTICE filed by Receiver Thomas A Seaman. Notice of Errata re Docket Text (Docket No. 701) (Wallin, Michael)
October 22, 2010 Filing 706 NOTICE Notice of Third Interim Fee Application of Crowe Horwath LLP (fka Grobstein, Horwath & Company LLP) filed by Receiver Thomas A Seaman. (Wallin, Michael)
October 22, 2010 Filing 705 Third APPLICATION for Attorney Fees Crowe Horwath LLP's Third Interim Application for Allowance of Compensation and Reimbursement of Expenses for November 1, 2009 through July 31, 2010 filed by Receiver Thomas A Seaman. Application set for hearing on 12/17/2010 at 09:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit Exhibits A-B, #2 Proof of Service, #3 Proposed Order Proposed Order)(Wallin, Michael)
October 22, 2010 Filing 704 NOTICE Notice of Eleventh Interim Fee Application of the Receiver filed by Receiver Thomas A Seaman. (Wallin, Michael)
October 22, 2010 Filing 703 Eleventh APPLICATION for Attorney Fees Receiver's Eleventh Interim Fee Application filed by Receiver Thomas A Seaman. Application set for hearing on 12/17/2010 at 09:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit Exhibit A, #2 Proof of Service, #3 Proposed Order Proposed Order)(Wallin, Michael)
October 22, 2010 Filing 702 NOTICE filed by Receiver Thomas A Seaman. Notice of Eleventh Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP (Wallin, Michael)
October 22, 2010 Filing 701 Eleventh APPLICATION for Attorney Fees Sheppard, Mullin, Richter & Hampton LLP's Eleventh Interim Application for Allowance of Compensation and Reimbursement of Expenses for May 1, 2009 through July 31, 2009 filed by Receiver Thomas A Seaman. Application set for hearing on 12/17/2010 at 09:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit Exhibits A-E, #2 Proof of Service, #3 Proposed Order Proposed Order)(Wallin, Michael)
August 31, 2010 Filing 699 REPORT of RECEIVER'S NINTH SIX-MONTH ACCOUNTING REPORT FOR THE PERIOD ENDING JULY 31, 2010 filed by Receiver Thomas A Seaman. (Wallin, Michael)
June 14, 2010 Filing 697 REPORT of (1) Supplemental Report That No Overbid Offers Were Received to Purchase Lot 2132 In Moore County, North Carolina; and (2) Declaration of Thomas A. Seaman filed by Receiver Thomas A Seaman. (Wallin, Michael)
April 23, 2010 Filing 694 Letter from Doug Mack (rla)
April 23, 2010 Filing 693 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: Correspondence to Court Shall be Filed and Served on All Counsel of Record: On 4/22/10 the Court received undated correspondence from Doug Mack re: the above-entitled matter. The correspondence is ordered filed. (rla)
March 16, 2010 Filing 692 SIX MONTH REPORT of Receiver's Eighth Six-Month Accounting Report filed by Receiver Thomas A Seaman. (Wallin, Michael)
March 11, 2010 Opinion or Order Filing 691 MINUTES OF IN CHAMBERS ORDER by Judge Alicemarie H. Stotler: ORDER THAT CORRESPONDENCE TO COURT SHALL BE FILED AND SERVED ON ALL COUNSEL OF RECORD re: Letter #690 . On 3/10/10, the Court received correspondence from Rosemarie Mack, dated 3/8/10, regarding the above-entitled matter. The correspondence is ordered filed. The clerk shall serve this minute order and a copy of the correspondence on counsel for all parties in this action. (rla)
March 11, 2010 Filing 690 Letter from Rosemarie Mack (ade)
February 23, 2010 Opinion or Order Filing 689 ORDER Approving the Sale of Certain Lots in Moore County, North Carolina by Judge Alicemarie H. Stotler. (See Order for details) (db)
February 22, 2010 Filing 688 MINUTES OF Hearing re Motion for Order of Sale held before Judge Alicemarie H. Stotler: GRANTING RECEIVER'S MOTION FOR APPROVAL TO SELL CERTAIN LOTS IN MOORE COUNTY, NORTH CAROLINA #684 . Receiver is ordered to meet all statutory requirements. Proposed order in conformity with the Court's ruling shall be filed forthwith. Court Reporter: Deborah Parker. (rla)
February 22, 2010 Filing 687 NOTICE OF LODGING filed [Proposed] Order Approving the Sale of Certain Lots in Moore County, North Carolina re MOTION for Order of Sale re: Motion for Approval to Sell Certain Lots in Moore County, North Carolina #684 , Non-Opposition to Motion #685 , Supplement(Motion related), Supplement(Motion related) #686 (Attachments: #1 Proposed Order Proposed Order Approving the Sale of Certain Lots)(Wallin, Michael)
February 18, 2010 Filing 686 SUPPLEMENT to MOTION for Order of Sale re: Motion for Approval to Sell Certain Lots in Moore County, North Carolina #684 Supplemental Report That No Overbid Offers Were Received To Purchase Lot 2520 In Moore County, North Carolina; Declaration Of Thomas A. Seaman filed by Receiver Thomas A Seaman. (Wallin, Michael)
February 16, 2010 Filing 685 NOTICE OF NON-OPPOSITION to MOTION for Order of Sale re: Motion for Approval to Sell Certain Lots in Moore County, North Carolina #684 filed by Receiver Thomas A Seaman. (Wallin, Michael)
January 29, 2010 Filing 684 NOTICE OF MOTION AND MOTION for Order of Sale re: Motion for Approval to Sell Certain Lots in Moore County, North Carolina filed by Receiver Thomas A Seaman. Motion set for hearing on 2/22/2010 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
January 11, 2010 Filing 683 Correspondence from Jospeh Springer, M.D. (lwag)
January 11, 2010 Filing 682 MINUTES OF IN CHAMBERS ORDER that Correspondence to Court Shall be Filed and Served on All Counsel of Record held before Judge Alicemarie H. Stotler: On January 6, 2010, the Court received correspondence from Joseph Springer, M.D., dated December 29, 2009, regarding the above-entitled matter. The correspondence is ordered filed. The clerk shall serve this minute order and a copy of the correspondence on counsel for all parties in this action. (lwag)
December 14, 2009 Filing 677 MINUTES re (1)Sheppard, Mullin, Richter & Hampton LLPs Tenth InterimApplication for Allowance of Compensation and Reimbursementof Expenses for November 1, 2008 Through April 30, 2009 #664 ;(2)Receivers Tenth Interim Fee Application #666 ;(3)Crowe Horwath LLPs Second Interim Application forAllowance of Compensation and Reimbursement of Expenses forDecember 1, 2008 Through and October 31, 2009 #668 held before Judge Alicemarie H. Stotler. Counsel and receiver address the Court. Sheppard, Mullins Tenth Interim Application is Granted as modified. Receivers Tenth Interim Fee Application is Granted. Crowe Horwaths Application is Granted. Orders to issue forthwith. Court Reporter: Deborah Parker. (db)
December 14, 2009 Opinion or Order Filing 676 ORDER by Judge Alicemarie H. Stotler: APPROVING SECOND INTERIM FEE APPLICATION #668 OF CROWE HORWATH, LLP (fka GROBSTEIN, HORWATH & COMPANY LLP): Crowe Horwath is entitled to compensation for services provided and reimbursement for costs incurred in the amount of $35,981.53. (rla)
December 14, 2009 Opinion or Order Filing 675 MINUTES (IN CHAMBERS): ORDER by Judge Alicemarie H. Stotler: (NOTE: CHANGES MADE BY COURT) IT IS HEREBY ORDERED AS FOLLOWS: SMR&H is entitled to compensation for services provided in the amount of $244,426.13 and reimbursement for costs incurred in the amount of $53,887.98. (rla)
December 14, 2009 Opinion or Order Filing 674 ORDER by Judge Alicemarie H. Stotler: APPROVING TENTH INTERIM FEE APPLICATION OF THE RECEIVER #666 . The Receiver is entitled to compensation for services provided and reimbursement for costs incurred in the amount of $82,219.50. (rla)
December 2, 2009 Filing 673 MEMORANDUM in Support of MOTION for Attorney Fees Receiver's Tenth Interim Fee Application #666 filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
December 2, 2009 Filing 672 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice of Motion,,, #669 , MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 #668 Declaration of Proof of Service of Second Interim Fee Application of Crowe Horwath, LLP (fka Grobstein, Horwath & Company LLP) served on November 24, 2009. (Wallin, Michael)
December 2, 2009 Filing 671 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re MOTION for Attorney Fees Sheppard, Mullin, Richter & Hampton's Tenth Interim Application for Allowance of Compensation and Reimbursement of Expenses for 11-1-08 through 4-30-09 #664 , Notice (Other) #665 Declaration of Proof of Service of Notice of Tenth Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP served on November 24, 2009. (Wallin, Michael)
December 2, 2009 Filing 670 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #667 , MOTION for Attorney Fees Receiver's Tenth Interim Fee Application #666 Declaration of Proof of Service of Notice of Tenth Interim Fee Application of the Receiver served on November 24, 2009. (Wallin, Michael)
November 17, 2009 Filing 669 NOTICE OF MOTION re MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 #668 filed by Receiver Thomas A Seaman. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
November 17, 2009 Filing 668 NOTICE OF MOTION AND MOTION for Attorney Fees Crowe Horwath, LLP's (fka Grobstein, Horwath & Company LLP) Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for December 1, 2008 through October 31, 2009 filed by Receiver Thomas A Seaman. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order Proposed Order Approving Second Interim Fee Application of Crowe Horwath, LLP)(Wallin, Michael)
November 13, 2009 Filing 667 NOTICE Notice of Tenth Interim Fee Application of the Receiver filed by Receiver Thomas A Seaman. (Wallin, Michael)
November 13, 2009 Filing 666 NOTICE OF MOTION AND MOTION for Attorney Fees Receiver's Tenth Interim Fee Application filed by Receiver Thomas A Seaman. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit Exhibits to Receiver's Tenth Interim Fee Application, #2 Proposed Order Proposed Order Approving Tenth Interim Fee Application of the Receiver)(Wallin, Michael)
November 13, 2009 Filing 665 NOTICE Notice of Tenth Interim Fee Application of Sheppard, Mullin, Richter & Hampton filed by Receiver Thomas A Seaman. (Wallin, Michael)
November 13, 2009 Filing 664 NOTICE OF MOTION AND MOTION for Attorney Fees Sheppard, Mullin, Richter & Hampton's Tenth Interim Application for Allowance of Compensation and Reimbursement of Expenses for 11-1-08 through 4-30-09 filed by Receiver Thomas A Seaman. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit Exhibits to SMR&H Tenth Fee Application, #2 Proposed Order Proposed Order Approving SMRH's Tenth Fee Application)(Wallin, Michael)
October 8, 2009 Filing 663 SEVENTH SIX-MONTH ACCOUNTING REPORT FOR PERIOD ENDING JULY 31, 2009 REPORT filed by Receiver Thomas A Seaman. (Attachments: #1 Exhibit Exhibit A-Part 1, #2 Exhibit Exhibit A-Part 2 and POS)(Wallin, Michael)
July 1, 2009 Filing 662 PROCESS RECEIPT AND RETURN (USM-285) Writ of Execution returned executed upon Schools First Federal Credit Union on 6/12/09. Remarks: served on Thy Phon. Mailed on 6/12/09. (ade)
July 1, 2009 Filing 661 PROOF OF SERVICE on Notice of Levy under Writ of Execution (Money Judgment), Memorandum of Garnishee, Writ of Execution served upon Schoolsfirst Federal Credit Union served on 6/12/2009. (dg)
July 1, 2009 Filing 660 PROOF OF MAILING on Notice of Levy under Writ of Execution (Money Judgment), Writ of Execution, Exemptions from the Enforcement of Judgments served upon William Sean Brazney served on 6/12/2009. (dg)
July 1, 2009 Filing 659 PROOF OF MAILING on Notice of Levy under Writ of Execution (Money Judgment), Writ of Execution, Exemptions from the Enforcement of Judgment served upon William Sean Brazney served on 6/12/2009. (dg)
June 1, 2009 Opinion or Order Filing 657 AMENDED ORDER for Service of Process by Registered Process Server by Judge Alicemarie H. Stotler. Registered Process Server Bernard Parish is authorized to serve the writs of exection. The U.S. Marshals Office will remain the Levying Officer. (db)
May 28, 2009 Filing 656 NOTICE OF LODGING filed re Amended [Proposed] Order for Service of Process by Registered Process Server re REQUEST for Order for Service of Process by Registered Process Server #655 (Attachments: #1 Proposed Order for Service of Process by Registered Process Server)(Wallin, Michael)
May 27, 2009 Filing 655 REQUEST for Order for Service of Process by Registered Process Server filed by Receiver Thomas A Seaman. (Attachments: #1 Proposed Order for Service of Process by Registered Process Server)(Wallin, Michael)
April 23, 2009 Opinion or Order Filing 644 ORDER APPROVING DISTRIBUTION OF FUNDS (REVISED FOLLOWING APRIL 20, 2009 HEARING) by Judge Alicemarie H. Stotler #622 . The Receiver is authorized to distribute funds to investor-victims in the specific amounts set forth in the Revised Investment Analysis. The Receiver shall mail all such distributions by no later than 05/08/09. (db)
April 22, 2009 Filing 643 NOTICE OF LODGING filed re Order on Application for Attorney Fees,,, Order on Motion for Disbursement of Funds, Motion Hearing,,,,,,,,,,,,,,, #639 , Notice of Motion #623 , MOTION for Disbursement of Funds Motion to Approve Distribution of Funds #622 (Attachments: #1 Proposed Order Approving Distribution of Funds (Revised Following April 20, 2009 Hearing))(Wallin, Michael)
April 21, 2009 Opinion or Order Filing 642 ORDER by Judge Alicemarie H. Stotler Approving Ninth Interim Fee APPLICATION of Sheppard, Mullin, Richter & Hampton LLP #615 . It is ordered that Sheppard Mullin Richter & Hampton is entitled to compensation for services provided in the amount of $395,018.50 and reimbursement for costs incurred in the amount of $29,758.10. (smi)
April 21, 2009 Opinion or Order Filing 641 ORDER by Judge Alicemarie H. Stotler Approving First Interim Fee Application of Grobstein, Horwath & Company LLP #619 . It is ordered that Grobstein is entitled to compensation for services provided and reimbursement for costs incurred in the amount of $118,065.99. (smi)
April 21, 2009 Opinion or Order Filing 640 ORDER by Judge Alicemarie H. Stotler Approving Ninth Interim Fee Application of the Receiver #617 . It is ordered that the Receiver is entitled to compensation for services provided and reimbursement for costs incurred in the amount of $84,445. (smi)
April 20, 2009 Filing 639 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: (1) Sheppard, Mullin, Richter & Hampton LLPs Ninth Interim Application for Allowance of Compensation and Reimbursement of Expenses for May 1, 2008 Through October 31, 2008; (2) Receivers Ninth Interim Fee Application; (3) Grobstein, Horwath & Company LLPs First Interim Application for Allowance of Compensation and Reimbursement of Expenses Incurred From July 24, 2007 Through November 30, 2008; (4) Motion to Approve Distribution of Funds Cause called. Hearing held. All fee applications are deemed reasonable and GRANTED. The Motion for Distribution of Funds is likewise GRANTED; receiver shall submit a modified proposed Exhibit A thereto including footnote explanations as discussed on the record. Orders will be executed and are ordered filed. Court Reporter: Deborah Parker. (ade)
April 16, 2009 Filing 638 DECLARATION of Thomas Seaman in Support of Motion to Approve Distribution of Funds MOTION for Disbursement of Funds Motion to Approve Distribution of Funds #622 filed by Receiver Thomas A Seaman. (Wallin, Michael)
April 16, 2009 Filing 637 NOTICE OF LODGING filed re MOTION for Disbursement of Funds Motion to Approve Distribution of Funds #622 (Attachments: #1 Proposed Order Approving Distribution of Funds)(Wallin, Michael)
April 14, 2009 Filing 636 WRIT of of Execution as to Donald Loren Anderson. (ade)
April 14, 2009 Filing 635 WRIT of Execution as to Fred Lee Miller (ade)
April 14, 2009 Filing 634 WRIT of Execution Returned against William Sean Brazney. (ade)
April 14, 2009 Filing 633 WRIT of Execution as to Elizabeth Quiroz. (ade)
April 14, 2009 Filing 632 Affidavit and Request for Issuance of WRIT of Execution in favor of Thomas Seaman, court-appointed receiver for the Carolina Development Company, Inc., against Donald Loren Anderson. (ade) (Additional attachment(s) added on 4/16/2009: #1 1) (ade).
April 14, 2009 Filing 631 Affidavit and Request for WRIT of Execution issued in favor of Thomas Seaman, court-appointed receiver for the Carolina Development Company, Inc. and against Fred Lee Miller. (ade) (Additional attachment(s) added on 4/16/2009: #1 1) (ade).
April 14, 2009 Filing 630 Affidavit and Request for Issuance of WRIT of Execution issued in favor of Thomas Seaman, court-appointed receiver for the Carolina Development Company, Inc. and against William Sean Brazney. (ade) (Additional attachment(s) added on 4/16/2009: #1 1) (ade).
April 14, 2009 Filing 629 Affidavit and Request for Issuance of WRIT of Execution issued in favor of Thomas Seaman, court-appointed receiver for the Carolina Development Company, Inc. and agasint Elizabeth Quiroz. (ade) (Additional attachment(s) added on 4/16/2009: #1 1) (ade). Modified on 6/5/2009 (ade).
April 14, 2009 Filing 628 ABSTRACT of Judgment issued in favor of Receiver Thomas A Seaman in the principal amount of $ 330,905.46, interest in the amount of $ 35,601.80, attorneys fees of $ 0, costs of $ 0. RE: Judgment, #598 against Fred Lee Miller. (ade)
April 14, 2009 ABSTRACT of Judgment issued in favor of Receiver Thomas A Seaman in the principal amount of $ 324,237.64, interest in the amount of $ 0 attorneys fees of $ 0 costs of $ 0 RE: Judgment, #597 agsint Elizabeth Quiroz. (ade)
April 14, 2009 ABSTRACT of Judgment issued in favor of Receiver Thomas A Seaman in the principal amount of $ 203,672.15, interest in the amount of $ 21,912.66, attorneys fees of $ 0, costs of $ 0. RE: Judgment, #600 against William Sean Brazney. (ade)
April 14, 2009 ABSTRACT of Judgment issued in favor of Receiver Thomas A Seaman in the principal amount of $ 124,658.21, interest in the amount of $ 13,407.90, attorneys fees of $ 0, costs of $ 0. RE: Judgment, #600 against Donald Loren Anderson. (ade)
March 31, 2009 Filing 627 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice of Motion #623 , MOTION for Disbursement of Funds Motion to Approve Distribution of Funds #622 served on March 26, 2009. (Wallin, Michael)
March 31, 2009 Filing 626 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #620 of First Interim Fee Application of Grobstein, Horwath & Company, LLP served on March 26, 2009. (Wallin, Michael)
March 31, 2009 Filing 625 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #618 of Ninth Interim Fee Application of the Receiver served on March 26, 2009. (Wallin, Michael)
March 31, 2009 Filing 624 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #616 of Ninth Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP served on March 26, 2009. (Wallin, Michael)
March 24, 2009 Filing 623 NOTICE OF MOTION re MOTION for Disbursement of Funds Motion to Approve Distribution of Funds #622 filed by Receiver Thomas A Seaman. Motion set for hearing on 4/20/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
March 24, 2009 Filing 622 NOTICE OF MOTION AND MOTION for Disbursement of Funds Motion to Approve Distribution of Funds filed by Receiver Thomas A Seaman. Motion set for hearing on 4/20/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Wallin, Michael)
March 24, 2009 Filing 621 REPORT REPORT of Receiver's Sixth Six-Month Accounting filed by Receiver Thomas A Seaman. (Wallin, Michael)
March 24, 2009 Filing 620 NOTICE filed by Receiver Thomas A Seaman. Notice of First Interim Fee Application of Grobstein, Horwath & Company LLP (Wallin, Michael)
March 24, 2009 Filing 619 First APPLICATION for Attorney Fees of Grobstein, Horwath & Company LLP for Allowance of Compensation and Reimbursement of Expenses from July 24, 2007 through November 30, 2008 filed by Receiver Thomas A Seaman. Application set for hearing on 4/20/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Wallin, Michael)
March 24, 2009 Filing 618 NOTICE of Ninth Interim Fee Application of the Receiver filed by Receiver Thomas A Seaman. (Wallin, Michael)
March 24, 2009 Filing 617 Ninth APPLICATION for Attorney Fees of Receiver Thomas A. Seaman filed by Receiver Thomas A Seaman. Application set for hearing on 4/20/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Wallin, Michael)
March 24, 2009 Filing 616 NOTICE of Ninth Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP filed by Receiver Thomas A Seaman. (Wallin, Michael)
March 24, 2009 Filing 615 Ninth APPLICATION for Attorney Fees of Sheppard, Mullin, Richter & Hampton LLP filed by Receiver Thomas A Seaman. Application set for hearing on 4/20/2009 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Wallin, Michael)
March 17, 2009 Filing 614 PROOF OF CLAIM FOR TAXES filed by Employment Development Department State of California (db)
March 11, 2009 Filing 613 Letter from Ted A. Bajer and many other investors in CDC. (nbo)
March 11, 2009 Opinion or Order Filing 612 MINUTES OF IN CHAMBERS ORDER by Judge Alicemarie H. Stotler that Correspondence to Court Shall be Filed and Served on all Counsel of Record. (nbo)
January 15, 2009 Opinion or Order Filing 611 NOTICE OF DISCREPANCY AND ORDER: by Judge Alicemarie H. Stotler, ORDERING Elizabeth Quiroz Lighthouse Investment Request for Relief of Judgment received on 1/14/2009 is not to be filed but instead rejected. Denial based on: Local Rule 11-4.1 No copy provided for judge; Local Rule 6.1 Written notice of motion lacking or timeliness of notice incorrect. (lwag)
December 5, 2008 ABSTRACT of Judgment/Order issued in favor of Plaintiff Securities and Exchange Commission and against Jonathan Carman RE: Judgment, Permanent Injunction #525 (db)
December 5, 2008 ABSTRACT of Judgment issued in favor of Plaintiff Securities and Exchange Commission and against Jonathan Carman RE: Judgment, Permanent Injunction, #525 . (db)
November 3, 2008 Opinion or Order Filing 610 ORDER by Judge Alicemarie H. Stotler, APPROVING THE SALE MOTION of Lot 2520 and Other Real Estate in Moore County, North Carolina #608 : (NOTE: CHANGES MADE BY THE COURT) IT IS HEREBY ORDERED AS FOLLOWS: The Receiver is authorized to sell Lot 2520 for $48,000. The Receiver is further authorized to sell the following lots for the following minimum amounts, provided that the Receiver continues to fully satisfy the requirements of 28 U.S.C. 2001(b): (See document for further details.) (rla)
November 3, 2008 Opinion or Order Filing 609 MINUTES OF IN CHAMBERS ORDER by Judge Alicemarie H. Stotler: GRANTING RECEIVER'S MOTION to Approve Sale of Lot 2520 and Other Real Estate in Moore County, North Carolina #608 : The matter is, therefore, removed from the Courts November 10, 2008 calendar. The Court grants receiver's motion, as set forth in a separately issued order. The Clerk shall serve this minute order on all parties. (rla)
October 14, 2008 Filing 608 NOTICE OF MOTION AND MOTION for Order of Sale re: Notice of Motion and Motion for Approval to Sell Lot 2520 and Other Real Estate in Moore County, North Carolina filed by Receiver Thomas A Seaman. Motion set for hearing on 11/10/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order [Proposed] Order Approving Sale of Lot 2520 and Other Real Estate in Moore County, North Carolina)(Wallin, Michael)
October 2, 2008 Filing 600 JUDGMENT (DONALD LOREN ANDERSON) IN A CIVIL CASE in favor of Thomas A Seaman, court-appointed receiver for The Carolina Development Company Inc against Donald Loren Anderson related to: Order to Disgorge Ill-Gotten Gains #351 , REQUEST for Entry of Judgment (Donald Loren Anderson) #588 . (ln) (Additional attachment(s) added on 4/16/2009: #1 1) (ade). (Additional attachment(s) added on 7/1/2011: #2 alias writ) (twdb). (Additional attachment(s) added on 1/17/2013: #3 second alias writ) (twdb).
October 2, 2008 Filing 599 JUDGMENT (WILLIAM SEAN BRAZNEY) IN A CIVIL CASE in favor of Thomas A Seaman, court-appointed receiver for The Carolina Development Company Inc against William Sean Brazney related to: Order to Disgorge Ill-Gotten Gains #355 , REQUEST for Entry of Judgment (William Sean Brazney) #590 . (ln) (Additional attachment(s) added on 4/16/2009: #1 1) (ade).
October 2, 2008 Filing 598 JUDGMENT (FRED LEE MILLER) IN A CIVIL CASE in favor of Thomas A Seaman, court-appointed receiver for The Carolina Development Company Inc against Fred Lee Miller (dba New Heritage, LLC) related to: Order to Disgorge Ill-Gotten Gains #349 , REQUEST for Entry of Judgment (Fred Lee Miller) #592 , (ln) (Additional attachment(s) added on 4/16/2009: #1 1) (ade). (Additional attachment(s) added on 1/17/2013: #2 second alias writ) (twdb).
October 2, 2008 Filing 597 JUDGMENT (ELIZABETH QUIROZ) IN A CIVIL CASE in favor of Thomas A Seaman, court-appointed receiver for The Carolina Development Company Inc against Elizabeth Quiroz Related to: Minutes of In Chambers Order #499 , REQUEST for Entry of Judgment (Elizabeth Quiroz) #594 (ln) (Additional attachment(s) added on 4/16/2009: #1 1) (ade). (Additional attachment(s) added on 7/14/2011: #2 ALIAS WRIT OF EXECUTION ISSUED) (rla). (Additional attachment(s) added on 5/1/2012: #3 second Alias writ) (twdb).
September 25, 2008 Filing 596 NOTICE Notice of Termination of Attorney-Client Relationship with Scott Yard filed by Specially Appearing Non-Party Scott Yard. (Grant, David)
September 16, 2008 Filing 595 NOTICE OF LODGING filed Notice of Lodging of Proposed Judgment Against Elizabeth Quiroz re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,, #499 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
September 16, 2008 Filing 594 REQUEST for Judgment Request for Entry of Judgment (Elizabeth Quiroz) filed by plaintiff Thomas A Seaman. (Wallin, Michael)
September 16, 2008 Filing 593 NOTICE OF LODGING filed Notice of Lodging of Proposed Judgment Against Fred Lee Miller re Order,,, #349 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
September 16, 2008 Filing 592 REQUEST for Judgment Request for Entry of Judgment (Fred Lee Miller) filed by plaintiff Thomas A Seaman. (Wallin, Michael)
September 16, 2008 Filing 591 NOTICE OF LODGING filed Notice of Lodging of Proposed Judgment Against William Sean Brazney re Order,,, #355 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
September 16, 2008 Filing 590 REQUEST for Judgment Request for Entry of Judgment Against William Sean Brazney filed by plaintiff Thomas A Seaman. (Wallin, Michael)
September 16, 2008 Filing 589 NOTICE OF LODGING filed Notice of Lodging of [Proposed] Judgment Against Donald Loren Anderson re Order,,, #351 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
September 16, 2008 Filing 588 REQUEST for Judgment Request for Entry of Judgment filed by plaintiff Thomas A Seaman. (Wallin, Michael)
August 13, 2008 Filing 578 NOTICE NOTICE THAT ALL FUTURE HEARINGS AS TO THE RECEIVER'S RENEWED MOTION FOR AN ORDER TO DISGORGE ILL-GOTTEN GAINS AS TO CERTAIN SALES AGENTS HAVE BEEN VACATED filed by Receiver Thomas A Seaman. (Garcia-Guillen, Norma)
August 12, 2008 Filing 577 NOTICE OF CLERICAL ERROR: Please disregard entry 576 ; document does NOT pertain to this case; document will be docketed to correct case SA08CV00657 JVS. (rla)
August 11, 2008 Filing 579 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: RECEIVER'S RENEWED MOTION FOR AN ORDER TO DISGORGE ILLGOTTEN GAINS FROM CERTAIN SALES AGENTS: Court denies receivers renewed motion without prejudice. Court further orders that future hearings based upon the same motion are likewise denied without prejudice, and hearing dates vacated.Court Reporter: Deborah Parker. (rla)
August 8, 2008 Filing 576 CERTIFICATE OF READINESS AND COMPLETION OF RECORD with copy of docket received from Bankruptcy Court. Transcripts filed. Appellants Opening Brief due by 8/23/2008. Appellee Brief due by 9/7/2008. Appellants Reply Brief due by 9/17/2008. (rla)
August 8, 2008 Filing 575 OPPOSITION TO THE MOTION; filed by Interested Party Ken Iles. (rla)
August 8, 2008 Filing 574 STIPULATION to Continue Hearing On Motion For An Order To DIsgorge Ill-Gotten Gains From Certain Sales Agents from August 11, 2008 to September 15, 2008 filed by Plaintiff Securities and Exchange Commission. (Attachments: #1 Proposed Order To Continue Hearing On Motion For An Order To Disgorge Ill-Gotten Gains From Certain Sales Agents)(Garcia-Guillen, Norma)
August 7, 2008 Filing 571 Objections in Opposition to Receiver's Proposed Order to Disgorge Ill-Gotten Gains from Sales Agent filed by Daniel C Mack. (smi)
August 6, 2008 Filing 573 Letter from Hans Von Rinderspacter Ordered filed by Minutes of In Chambers Order/Directive - no proceeding held, #572 (ade)
August 6, 2008 Filing 572 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: Order that Correspondence to Court shall be filed and served on all counsel of record. On 7/31/08 the court received correspondence from Hans Von Rinderspacher, regarding the above-entitled matter. The Court orders the Clerk to file the correspondence. (ade)
August 6, 2008 Filing 568 NOTICE filed by Plaintiff Securities and Exchange Commission. Second Amended Notice That Receiver's Renewed Motion For An Order To DIsgorge Ill-Gotten Gains WIll Remain On Calendar For August 11, 2008 As To All Sales Agents (Garcia-Guillen, Norma)
August 4, 2008 Opinion or Order Filing 570 ORDER by Judge Alicemarie H. Stotler granting Eighth Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP #536 . Compensation for services provided in the amount of $251,886.00 and reimbursement for costs incurred in the amount of $19,0001.66 (smi)
August 4, 2008 Opinion or Order Filing 569 ORDER by Judge Alicemarie H. Stotler APPROVING Eighth Interim Fee Application of the Receiver #540 . IT IS HEREBY ORDERED that the Receiver is entitled to compensation for serivces provided and reimbursement for costs incurred in the amount of $123,191.00. (nbo)
August 4, 2008 Filing 567 MINUTES OF Application Hearing held before Judge Alicemarie H. Stotler. Sheppard, Mulllin, Richter & Hampton, LLP's Eighth Interim Application for Allowance of Compensation and Reimbursement of Expenses for 11/01/07 through 04/30/08 is granted. Nelson Mullins Riley & Scarborough LLP's Second Interim Application for Allowance of Compensation and Reimbursement of Expenses for 11/01/07 through 06/30/08 is granted. Court Reporter: Deborah Parker. (db)
August 4, 2008 Opinion or Order Filing 566 ORDER Approving Second Interim Fee Application of Nelson Mullins Riley & Scarborough, LLP by Judge Alicemarie H. Stotler. Nelson Mullins is entitled to compensation for services provided in the amount of $6,145.66. (db)
August 4, 2008 Filing 565 REPLY Receiver's REply to O'Laughlin's Opposition in Support of Renewed Motion For An Order to Disgorge Ill-Gotten Gains From Certain Sales Agents and Supplementasl Declaration of Norma V. Garcia In Support Thereof filed by Plaintiff Securities and Exchange Commission. (Garcia-Guillen, Norma)
August 1, 2008 Filing 564 AMENDED PROOF OF SERVICE OF RECEIVER'S NOTICE OF CERTAIN SALE AGENTS' NON-OPPOSITION TO RECEIVER'S MOTION FOR DISGORGEMENT OF ILL-GOTTEN GAINS OF SERVICE filed by Plaintiff Securities and Exchange Commission, re Notice (Other) #563 served on August 1, 2008. (Garcia-Guillen, Norma)
July 31, 2008 Filing 563 NOTICE Receiver's Notice of Certain Sales Agents' Non-Opposition to Receiver's Motion for Disgorgement of Ill-Gotten Gains filed by Plaintiff Securities and Exchange Commission. (Garcia-Guillen, Norma)
July 31, 2008 Filing 562 REPORT of Receiver's Fifth Six Month Accounting Report filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 28, 2008 Filing 561 OPPOSITION to Receiver's Renewed Motion for an Order Disgorge Ill-Gotten gains from Certain Sales Agents. Filed by Movant Harold O'laughlin. (ade)
July 24, 2008 Opinion or Order Filing 560 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #373 filed by Jonathan Carman, CCA # 07-56391. Appellant's late motion for a second extension of time to file opening brief is granted in part and denied in part. Brief schedule set. (cbr)
July 24, 2008 Filing 559 NOTICE of Continuance of Notice of Motion #535 reset to August 25, 2008 at 10:00 AM (Garcia-Guillen, Norma)
July 24, 2008 Filing 558 Amended Proof of Service of Receiver's: Notice of Renewed Motion for An Order to Disgorge Ill-Gotten Gains From Certain Sales Agents OF SERVICE filed by Plaintiff Securities and Exchange Commission, re Notice of Motion #535 served on July 22, 2008. (Garcia-Guillen, Norma)
July 22, 2008 Filing 557 NOTICE OF LODGING filed re Proposed Judgment Against Donald Loren Anderson (corrected) re Order,,, #351 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
July 22, 2008 Filing 556 NOTICE OF LODGING filed re Proposed Judgment Against Donald Loren Anderson re Order,,, #351 (Wallin, Michael)
July 22, 2008 Filing 555 NOTICE OF LODGING filed re Proposed Judgment Against Elizabeth Quiroz re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,, #499 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
July 22, 2008 Filing 554 NOTICE OF LODGING filed re Proposed Judgment Against William Sean Brazney re Order,,, #355 (Attachments: #1 Proposed Judgment)(Wallin, Michael)
July 22, 2008 Filing 553 NOTICE OF LODGING filed re Proposed Judgment Against Fred Miller re Order,,, #349 (Attachments: #1 Proposed Judgment (Fred Lee Miller))(Wallin, Michael)
July 18, 2008 Filing 550 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #541 , Second APPLICATION for Attorney Fees of Nelson Mullins Riley & Scarborough #538 served on July 11, 2008. (Wallin, Michael)
July 18, 2008 Filing 549 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #540 , Eighth APPLICATION for Attorney Fees of Receiver Thomas A. Seaman #537 served on July 11, 2008. (Wallin, Michael)
July 18, 2008 Filing 548 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Eighth APPLICATION for Attorney Fees of Sheppard, Mullin, Richter & Hampton LLP #536 , Notice (Other) #539 served on July 11, 2008. (Wallin, Michael)
July 18, 2008 Filing 547 REQUEST for Judgment in a Civil Case filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 18, 2008 Filing 546 REQUEST for Judgment in a Civil Case filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 18, 2008 Filing 545 REQUEST for Judgment in a Civil Case filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 18, 2008 Filing 544 REQUEST for Judgment in a Civil Case filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 17, 2008 Filing 552 Letter from Thomas and Susan Tenhover (ade)
July 17, 2008 Filing 551 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: Order that Correspondence to Court Shall be Filed and Served on All Counsel of Record. (ade)
July 17, 2008 Filing 543 Receiver's Amended Proof of Service re: Notice of Motion #535 (Garcia-Guillen, Norma)
July 15, 2008 Filing 542 MEMORANDUM in Support of Eighth APPLICATION for Attorney Fees of Receiver Thomas A. Seaman #537 filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
July 7, 2008 Filing 541 NOTICE of Second Interim Fee Application of Nelson Mullins Riley & Scarborough, LLP filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 7, 2008 Filing 540 NOTICE of Eighth Interim Fee Application of Receiver Thomas A. Seaman filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 7, 2008 Filing 539 NOTICE of Eighth Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP filed by Receiver Thomas A Seaman. (Wallin, Michael)
July 7, 2008 Filing 538 Second APPLICATION for Attorney Fees of Nelson Mullins Riley & Scarborough filed by Receiver Thomas A Seaman. Application set for hearing on 8/4/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Wallin, Michael)
July 7, 2008 Filing 537 Eighth APPLICATION for Attorney Fees of Receiver Thomas A. Seaman filed by Receiver Thomas A Seaman. Application set for hearing on 8/4/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order)(Wallin, Michael)
July 7, 2008 Filing 536 Eighth APPLICATION for Attorney Fees of Sheppard, Mullin, Richter & Hampton LLP filed by Receiver Thomas A Seaman. Application set for hearing on 8/4/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit, #2 Proposed Order)(Wallin, Michael)
July 3, 2008 Filing 535 NOTICE OF MOTION re MOTION for Order for disgorge gains 217 (Renewed Notice) filed by Receiver Thomas A Seaman. Motion set for hearing on 8/11/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Garcia-Guillen, Norma)
June 26, 2008 Filing 534 RESPONSE filed by Receiver Thomas A Seamanto Letter #530 RECEIVER'S RESPONSE TO JILL KRAUS'S REQUEST TO LIFT THE FREEZE ORDER AS TO HER BANK ACCOUNTS (Garcia-Guillen, Norma)
May 29, 2008 Filing 532 NOTICE filed by Plaintiff Thomas A Seaman. Receiver's Notice of Intention to Submit Response to Jill Kraus' Request Re Frozen Accounts (Garcia-Guillen, Norma)
May 15, 2008 Filing 531 NOTICE of Settlement filed by Defendant Jonathan Carman. (smi) (Main Document 531 replaced on 12/7/2016) (lwag).
May 15, 2008 Opinion or Order Filing 530 Letter from Jill A. Kraus ordered filed and served on all parites by Judge Alicemarie H. Stotler at document #529 Minutes of In Chambers Order (smi) (Main Document 530 replaced on 12/7/2016) (lwag).
May 15, 2008 Opinion or Order Filing 529 MINUTES OF IN CHAMBERS ORDER by Judge Alicemarie H. Stotler: ORDER THAT CORRESPONDENCE to Court shall be filed and served on all counsel of record. The Clerk shall serve a copy of this minute order and a copy of the correspondence on counsel for all parties in this action. (rla)
April 21, 2008 Filing 526 NOTICE of Settlement RE plaintiff's claims filed by defendant Jonathan Carman. (twdb)
April 18, 2008 Filing 527 RESPONSE regarding the judgment hearing and Securities and Exchange Comission's MOTION to Strike Exhibit #518 , #503 #519 filed by Defendant Jonathan Carman. (twdb)
April 14, 2008 Filing 525 FINAL JUDGMENT of PERMANENT INJUNCTION by Judge Alicemarie H. Stotler, and OTHER RELIEF in favor of Securities and Exchange Commission against Jonathan Carman, Lambert Vander Tuig: I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants and Defendants' agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. 240.10b- 5], by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: (See document for further details.) VII. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Vander Tuig and Carman are liable for disgorgement. Vander Tuig is liable for disgorgement of $29,252,000, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $2,102,655.871, for a total of $31,354,655.87. Vander Tuig shall also pay a third-tier civil monetary penalty in the amount of $100,000 pursuant to Section 20(d) of the Securities Act [15 U.S.C. 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. 78(u)(d)(3)]. All payments shall be made to Thomas A. Seaman, in his capacity as Court-appointed Receiver in this case, by certified check, bank cashiers check or United States postal money order within 30 days of the date of the entry of this Final Judgment. The payment shall be delivered or mailed to Thomas A. Seaman, The Thomas Seaman Company, Two Park Plaza, Suite 480, Irvine, California 92614 and shall be accompanied by a cover letter identifying Vander Tuig as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Thomas A. Seaman shall deposit the funds into a separate, interest bearing account. The funds, together with any interest and income earned thereon, shall remain in the account until further order of this Court. Vander Tuig shall simultaneously transmit photocopies of said payment and letter to the Commissions counsel in this action. By making payment, Vander Tuig relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Vander Tuig. The Commission may enforce the Courts judgment for disgorgement and prejudgment interest by moving for civil contempt and/or through other collection procedures authorized by law. In response to any such civil contempt motion by the Commission, Vander Tuig may assert any legally permissible defense. Vander Tuig shall also pay post-judgment interest pursuant to 28 U.S.C. 1961 once payment becomes delinquent. Carman is liable for disgorgement of $2,191,188.15, representing profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $252,391.442, for a total of $2,443,579.59. Carman shall also pay a thirdtier civil monetary penalty in the amount of $100,000 pursuant to Section 20(d) of the Securities Act [15 U.S.C. 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. 78(u)(d)(3)]. All payments shall be made to Thomas A. Seaman, in his capacity as Court appointed Receiver in this case, by certified check, bank cashier's check or United States postal money order within 30 days of the date of entry of this Final Judgment. The payment shall be delivered or mailed to Thomas A. Seaman, The Thomas Seaman Company, Two Park Plaza, Suite 480, Irvine, California 92614 and shall be accompanied by a cover letter identifying Carman as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Final Judgment. Thomas A. Seaman shall deposit the funds into a separate, interest bearing account. The funds, together with any interest and income earned thereon, shall remain in the account until further order of this Court. Carman shall simultaneously transmit photocopies of said payment and letter to the Commission's counsel in this action. By making payment, Carman relinquishes all legal and equitable right, title, and interest in such funds and no part of the funds shall be returned to Carman. The Commission may enforce the Court's judgment for disgorgement and prejudgment interest by moving for civil contempt and/or through other collection procedures authorized by law. In response to any such civil contempt motion by the Commission, Carman may assert any legally permissible defense. Carman shall also pay postjudgment interest pursuant to 28 U.S.C. 1961 once payment becomes delinquent. (JS-6)(rla) Modified on 4/16/2008 (rla, ). (Additional attachment(s) added on 12/11/2008: #1 Abstract of Judgment, #2 Abstract of Judgment) (lwag, ). Modified on 12/11/2008 (lwag, ). (Additional attachment(s) added on 11/16/2011: #3 SUBPOENA ISSUED) (rla).
April 14, 2008 Opinion or Order Filing 524 ORDER by Judge Alicemarie H. Stotler: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Memorandum in Support of Motion #520 , and Notice of Motion, Motion to Strike #519 , for the following reasons: Hearing information is missing, incorrect, or not timely: Local Rule 6-1. (rla)
April 11, 2008 Opinion or Order Filing 522 ORDER by Chief U.S. District Court Judge Alicemarie H. Stotler, FINDING LAMBERT VANDER TUIG IN CONTEMPT of the 9/20/07 Contempt Order and Awarding Attorneys Fees in the Amount of $13,332.00: IT IS ORDERED, ADJUDGED, AND DECREED THAT: Vander Tuig is in violation of the 9/20/07 Contempt Order: 1) The 9/20/07 Contempt Order entered against Vander Tuig stands for his failure to turnover $573,000, plus interest in the amount of $61,648.29 to the Receiver for benefit of the estate. Vander Tuig has failed to comply with same. 2) Vander Tuig failed to make a showing that he has the present inability to comply with the September 20, 2007 Contempt Order or that he made his best efforts to comply with the 9/20/07 Contempt Order. 3) Vander Tuig is hereby sanctioned in the amount of $500,000 for his failure to comply with the 9/20/07 Contempt Order. Vander Tuig shall pay forthwith to the United States Central District Court the total amount of $500,000, plus post-judgment interest as of entry of this order, pursuant to 28 U.S.C. section 1961. 4) Vander Tuig is further ordered to forthwith pay to the Receiver for benefit of the estate, as previously ordered, the outstanding $573,000, plus interest pursuant to 28 U.S.C. section 1961. 5) Vander Tuig is further ordered to pay forthwith attorney fees to the Receiver, as previously granted, in the amount of $1875, plus interest pursuant to 28 U.S.C. section 1961. 6) Vander Tuig is further ordered to pay forthwith additional attorneys' fees to the Receiver for preparation for and appearance at the Order to Show Cause re Contempt hearing in the amount of $13,332.00, plus interest, pursuant to 28 U.S.C. section 1961. (rla)
April 10, 2008 Opinion or Order Filing 523 MINUTES OF IN CHAMBERS ORDER by Judge Alicemarie H. Stotler: TAKING UNDER SUBMISSION AND GRANTING: (1) PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT AGAINST LAMBERT VANDER TUIG AND JONATHAN CARMAN AND (2) RECEIVER'S MOTION FORSANCTIONS IN THE FORM OF ATTORNEYS' FEES AGAINST LAMBERT VANDER TUIG: (See document for further details.) IV. Conclusion For the reasons set forth above, the Court grants Plaintiff's Motion for Entry of Final Judgment and Receiver's Motion for Attorneys' Fees Against Defendant Vander Tuig #507 . The Clerk shall enter Judgment accordingly. The Clerk shall serve this minute order on all parties in this action. (rla)
April 10, 2008 Filing 521 CERTIFICATE OF SERVICE filed by Plaintiff Securities and Exchange Commission, re MOTION to Strike Exhibit (non-trial) #518 , Exhibit (non-trial) #503 MOTION to Strike Exhibit (non-trial) #518 , Exhibit (non-trial) #503 #519 served on 04/10/2008. (Melton, Thomas)
April 10, 2008 Filing 520 MEMORANDUM in Support of MOTION to Strike Exhibit (non-trial) #518 , Exhibit (non-trial) #503 MOTION to Strike Exhibit (non-trial) #518 , Exhibit (non-trial) #503 #519 filed by Plaintiff Securities and Exchange Commission. (Melton, Thomas)
April 10, 2008 Filing 519 NOTICE OF MOTION AND MOTION to Strike Exhibit (non-trial) #518 , Exhibit (non-trial) #503 filed by Plaintiff Securities and Exchange Commission.Motion set for hearing on 4/21/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order Order Granting Motion to Strike)(Melton, Thomas)
April 1, 2008 Opinion or Order Filing 517 ORDER by Judge Alicemarie H. Stotler, GRANTING JOINT MOTION to WITHDRAW AS COUNSEL of Record for Defendant Lambert Vander Tuig: re JOINT MOTION #472 : (See document for further details.) The Court, having considered the joint motion and good cause appearing therefore, hereby GRANTS the joint motion and ORDERS that the law firms of Dickstein Shapiro LLP and the Law Office of Steven M. Goldsobel are hereby relieved as counsel of record for Vander Tuig. IT IS SO ORDERED. (rla)
March 31, 2008 Filing 518 EXHIBITS for Case Resolution Filed. Filed by Defendant Jonathan Carman. (ade)
March 28, 2008 Filing 514 [Proposed] Order filed by Receiver Thomas A Seaman re: In Chambers Conference,,,, Show Cause Hearing,,,, Set Hearings,,, #467 (Garcia-Guillen, Norma)
March 28, 2008 Filing 513 NOTICE OF MOTION AND MOTION to Withdraw Document No. 512 - NOTICE OF MOTION AND MOTION for Order for finding Defendant Lambert Vander tuig in Contempt of the September 20, 2007 Contempt Order filed by Plaintiff Thomas A. Seaman MOTION for Order for Finding Defendant Lambert Vander tuig in Contempt of the September 20, 2007 Contempt Order #512 filed by Plaintiff Thomas A Seaman.Motion set for hearing on 4/21/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Garcia-Guillen, Norma)
March 27, 2008 Opinion or Order Filing 516 ORDER by Judge Alicemarie H. Stotler Granting APPLICATION to Substitute attorney Harold O'Laughlin, Pro Se in place of Bohm, Matsen Kegel & Aguilera #510 . In place and stead of attorney Abel E Aguilera and James G Bohm. (ade)
March 27, 2008 Opinion or Order Filing 515 ORDER by Judge Alicemarie H. Stotler Granting APPLICATION to Substitute attorney Harold O'Laughlin, Pro Se in place of attorney Abel Eric Aguilera #510 in place and stead of attorney James Phi Dao Lam. (ade)
March 27, 2008 Filing 512 NOTICE OF MOTION AND MOTION for Order for Finding Defendant Lambert Vander tuig in Contempt of the September 20, 2007 Contempt Order filed by Plaintiff Thomas A Seaman.Motion set for hearing on 4/21/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Garcia-Guillen, Norma)
March 27, 2008 Filing 511 NOTICE OF MOTION AND MOTION for Sanctions Notice of and Receiver's Motion for Sanctions Against Defendant Vander Tuig In The Form of Attorney's Fees Incurred By The Receiver In Connection with the Lambert Vander Tuig Contempt Motion and Order to Show Cause Re Same; Declaration of Norma V. Garcia filed by Plaintiff Thomas A Seaman.Motion set for hearing on 4/21/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Garcia-Guillen, Norma)
March 26, 2008 Filing 510 APPLICATION to Substitute attorney Harold O'Laughlin, Pro Se in place of attorney Abel Eric Aguilera filed by Interested Non-Party Harold O'laughlin. (Attachments: #1 Proposed Order)(Aguilera, Abel)
March 26, 2008 Filing 509 APPLICATION to Substitute attorney Harold O'Laughlin, Pro Se in place of attorney James D. Lam filed by Interested Non-Party Harold O'laughlin. (Attachments: #1 Proposed Order)(Aguilera, Abel)
March 25, 2008 Filing 508 OF SERVICE filed by Plaintiff Securities and Exchange Commission, re APPLICATION for Judgment (Final) of Permanent Injunction and Other Relief against Individual Defendants Lambert Vander Tuig and Jonathan Carman APPLICATION for Judgment (Final) of Permanent Injunction and Other Relief against Individual Defendants Lambert Vander Tuig and Jonathan Carman #507 served on 03/25/2008. (Melton, Thomas)
March 25, 2008 Filing 507 APPLICATION for Judgment (Final) of Permanent Injunction and Other Relief against Individual Defendants Lambert Vander Tuig and Jonathan Carman filed by Plaintiff Securities and Exchange Commission.Application set for hearing on 4/21/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order Proposed Final Judgment of Permanent Injunction and Other Relief against Individual Defendants Lambert Vander Tuig and Jonathan Carman)(Melton, Thomas)
March 25, 2008 Filing 506 NOTICE of Change of Attorney Information for attorney Susann K Narholm counsel for Interested Parties Charles E Lyster, C Everett Enterprises Inc. Changing email to snarholm@bmwklaw.com. Adding Susann K. Narholm as attorney as counsel of record for Charles E. Lyster and C. Everett Enterprises, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Charles E. Lyster and C. Everett Enterprises, Inc. (Attachments: #1 Proof of Service)(Narholm, Susann)
March 25, 2008 Filing 505 NOTICE of Change of Attorney Information for attorney Thomas H Bienert, Jr counsel for Interested Parties Charles E Lyster, C Everett Enterprises Inc. Changing email to tbienert@bmwklaw.com. Adding Thomas H. Bienert, Jr. as attorney as counsel of record for Charles E. Lyster and C. Everett Enterprises, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Charles E. Lyster and C. Everett Enterprises, Inc. (Attachments: #1 Proof of Service)(Bienert, Thomas)
March 25, 2008 Filing 504 NOTICE of Change of Attorney Information for attorney Kenneth M Miller counsel for Interested Parties Charles E Lyster, C Everett Enterprises Inc. Changing email to kmiller@bmwklaw.com. Adding Kenneth M. Miller as attorney as counsel of record for Charles E. Lyster and C. Everett Enterprises, Inc. for the reason indicated in the G-06 Notice. Filed by Defendant Charles E. Lyster and C. Everett Enterprises, Inc. (Attachments: #1 Proof of Service)(Miller, Kenneth)
March 17, 2008 Filing 503 EXHIBIT PACKAGE FOR CASE; filed by Defendant Jonathan Carman. (rla)
March 17, 2008 Filing 502 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler, re: Second APPLICATION for Entry of Permanent Injunction and Other Relief against Jonathan Carman #482 . Cause called. No appearance is made by defendant. Heariing held. Plaintiff's motion is denied without prejudice. Plaintiff shall forthwith prepare, serve and file an application as to final adjudication of both individual defendants. (twdb)
March 4, 2008 Filing 499 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler : 1) Discharging the Court's Order to Receiver to Show Cause Why Court Should Not Vacate Disgorgement Orders As To Certain Non-Parties and Dismiss Without Prejudice Remaining Disgorgement Motions; 2) Vacating Disgorgement Orders As To Certain Non-Parties; 3) Dismissing Without Prejudice Disgorgement Motions As To Certain Remaining Non-Parties; And 4) Ordering Disgorgement by Elizabeth Quiroz #494 . See Minute Order for Named Non-Parties. (twdb)
March 4, 2008 Opinion or Order Filing 498 ORDER by Judge Alicemarie H. Stotler Granting Receiver's Motion for Approval of Settlement Agreement Re Fountainhead #497 (ade)
March 4, 2008 Filing 497 NOTICE OF MOTION AND MOTION for Order for Proposed] Order Granting Receiver's Motion for Approval of Settlement Agreement Re Fountainhead filed by Plaintiff Thomas A Seaman.Motion set for hearing on 3/3/2008 at 11:00 AM before Judge Alicemarie H. Stotler. (Garcia-Guillen, Norma)
March 4, 2008 Filing 496 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Incorrect event selected. Correct event is NOTICE (OTHER); Category: NOTICE: RE Miscellaneous Document, #490 . (rla)
March 3, 2008 Filing 501 MINUTES OF IN CHAMBERS: ORDER That correspondence to Court Shall Be Filed and Served On All Counsel of Record, held before Judge Alicemarie H. Stotler : The Court orders the Clerk to file the correspondence. re: Letter #500 . (twdb)
March 3, 2008 Filing 500 Letter from Joseph D. Springer, MD (twdb)
March 3, 2008 Filing 495 LIST OF EXHIBITS AND WITNESSES Evidentiary Hearing. (twdb)
March 3, 2008 Filing 494 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: 1) Further hearing on Receiver's Order to Show Cause RE Contempt as to Lambert Vander Tuig for Failure to Comply with the Court's 9/20/07 Contempt Order and Defendant's Incarceration - Evidentiary Hearing; 2) Receiver's Motion for Approval of Proposed Settlement Agreement with Fountainhead Parties. Case called. Hearing held. Court GRANTS receiver's motion and orders the receiver to forthwith prepare, serve court's findings as stated on the record. Court ORDERS the contempt order to stand, with no order for incarceration. (Please see Order for further information. MOTION for Settlement Approval of Motion for Approval of Settlement; Memorandum of Points and Authorities; and Declaration of Thomas Seaman in Support Thereof #481 : The Court further orders the Dickstein Shapiro LLP and Law Offices of Steven M. Goldsobel's Motion to Be Relieved as Counsel of Record to be heard on March 10, 2008, at 10:00 a.m., taken off calendar and submitted. Receiver's opposition thereto, if any, shall be filed no later than close of business 3/4/08, or the motion will be deemed admitted. (twdb) Modified on 3/4/2008 (twdb, ).
March 3, 2008 Filing 493 Receiver's Evidentiary Objections to Declaration of Defendant Lambert Vander Tuig Filed in Support of Vander Tuig's Declaration re OSC re Contempt filed by Receiver Thomas A Seaman (Garcia-Guillen, Norma)
February 29, 2008 Filing 492 NOTICE Receiver's Notice of Non-Opposition to Receiver's Motion For Approval of Settlement Re Fountainhead filed by Plaintiff Thomas A Seaman. (Garcia-Guillen, Norma)
February 29, 2008 Filing 491 DECLARATION of Lambert Vander Tuig re In Chambers Conference,,,, Show Cause Hearing,,,, Set Hearings,,, #467 filed by Defendant Lambert Vander Tuig. (Attachments: #1 Declaration of Lambert Vander Tuig#2 Exhibit A to Declaration of Lambert Vander Tuig)(Goldsobel, Steven)
February 28, 2008 Filing 490 Notice of Order re Ex Parte Application for Order to Shorten Notice Time for Motion Seeking Approval of Settlement Agreement re: Fountainhead and Scheduling Hearing for March 3, 2008 at 11:00 A.M. filed by Receiver Thomas A Seaman re: Order,,,, Set Motion and R&R Deadlines,,, #488 , EX PARTE APPLICATION to Shorten Time for Hearing to March 3, 2008 #479 (Garcia-Guillen, Norma)
February 26, 2008 Opinion or Order Filing 488 ORDER by Judge Alicemarie H. Stotler, GRANTING RECEIVER'S EX PARTE APPLICATION to Shorten Notice Time for Motion Seeking Approval of Settlement Agreement #480 re: Fountain Head and Scheduling Hearing for March 3, 2008 at 11:00 A.M. #479 : (NOTE CHANGES MADE BY THE COURT): IT IS ORDERED, ADJUDGED, AND DECREED THAT: Good causes exists to grant the Receiver's ex parte application. As such, the Receiver's ex parte application is granted as follows: 1) The Receiver's Motion for Approval of the Proposed SettlementAgreement (the "Motion") shall be heard on shortened notice; 2) The hearing for the Receiver's Motion shall be set for March 3, 2008 at 11:00 a.m.3) Any opposition(s) to the Receiver's Motion shall be due on or before February 29, 2008, at 9:00 a.m.; 4) The Receiver's reply papers shall be filed on or before February 29, 2008, at 4:00 p.m. (rla) Modified on 2/27/2008 (rla, ).
February 26, 2008 Filing 487 SUPPLEMENT TO RECEIVER'S FOURTH SIX MONTH ACCOUNTING REPORT REPORT filed by Receiver Thomas A Seaman. (Wallin, Michael)
February 26, 2008 Filing 483 CERTIFICATE OF SERVICE OF SERVICE filed by Plaintiff Securities and Exchange Commission, re Second APPLICATION for Judgment of Permanent Injunction and Other Relief against Jonathan Carman #482 served on 02/26/2008. (Melton, Thomas)
February 26, 2008 Filing 482 Second APPLICATION for Judgment of Permanent Injunction and Other Relief against Jonathan Carman filed by Plaintiff Securities and Exchange Commission.Application set for hearing on 3/17/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order Final Judgment of Permanent Injunction and Other Relief against Jonathan Carman)(Melton, Thomas)
February 25, 2008 Filing 489 Final JUDGMENT of Permanent Injunction and Other Relief Against Jonathan Carman DENIED by Judge Alicemarie H. Stotler; Related to: Second APPLICATION for Judgment of Permanent Injunction and Other Relief against Jonathan Carman #482 (twdb)
February 25, 2008 Opinion or Order Filing 486 ORDER Approving Seventh Interim Fee Application of Sheppard Mullin, Richter & Hampton LLP by Judge Alicemarie H. Stotler. It Is Hereby Ordered as Follows: SMR&H is entitled to compensation for services provided in the amount of $200,484.50 and reimbursement for costs incurred in the amount of $7,011.60. re Notice (Other) #454 (twdb)
February 25, 2008 Opinion or Order Filing 485 ORDER Approving Seventh Interim Fee Application of the Receiver by Judge Alicemarie H. Stotler. It Is Hereby Ordered as Follows: The Receiver is entitled to compensation for services provided and reimbursement for costs incurred in the amount of $106,208.50 #457 (twdb)
February 25, 2008 Opinion or Order Filing 484 ORDER Approving First Interim Application of Nelson Mullins Riley & Scarborough, LLP by Judge Alicemarie H. Stotler. It Is Hereby Ordered As Follows: Nelson Mullins is entitled to compensation for services provided in the amount of $5,099.00. re First APPLICATION for Attorney Fees #451 (twdb)
February 25, 2008 Filing 481 NOTICE OF MOTION AND MOTION for Settlement Approval of Motion for Approval of Settlement; Memorandum of Points and Authorities; and Declaration of Thomas Seaman in Support Thereof filed by Plaintiff Thomas A Seaman.Motion set for hearing on 3/3/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Garcia-Guillen, Norma)
February 25, 2008 Filing 480 EX PARTE APPLICATION for Order for [Proposed] Order Granting Receiver's Ex Parte Application for Order ot Shorten Notice Time For Motion Seeking Approval of Settlement Agreement re Fountain Head filed by Plaintiff Thomas A Seaman.(Garcia-Guillen, Norma)
February 25, 2008 Filing 479 EX PARTE APPLICATION to Shorten Time for Hearing to March 3, 2008 filed by Plaintiff Thomas A Seaman. (Attachments: #1 Exhibit Part 1 of 3 - Ex. A & B to Ex Parte App.#2 Exhibit Part 2 of 3 - Ex. C & D to Ex Parte App.#3 Exhibit Part 3 of 3 - Ex. E & F to Ex Parte App.)(Garcia-Guillen, Norma)
February 25, 2008 Filing 478 EX PARTE APPLICATION to Withdraw [Proposed} Order Granting Receiver's Ex Parte App. for ORder to Shorten Notice Time for Order Seeking Approval of Settlement Agreement Re: Fountainhead #476 EX PARTE APPLICATION to Shorten Time for Hearing to 3/3/08 Ex Parte Application to Shorten Notice TIme for Motion Seeking Approval of Settlement Agreement Re: Fountainhead #474 filed by Plaintiff Thomas A Seaman.(Garcia-Guillen, Norma)
February 25, 2008 Filing 477 EX PARTE APPLICATION to Withdraw Ex Parte Application #474 EX PARTE APPLICATION for Order for Granting Receiver's Ex Parte Application for Order to Shorten Notice TIme for Motion Seeking Approval of Settlement Agreement Re: Fountainhead #476 filed by Plaintiff Thomas A Seaman. (Attachments: #1 Exhibit Ex. A & B to Ex Parte App.#2 Exhibit Ex. C & D to Ex Parte App.#3 Exhibit Ex. E & F to Ex Parte App.)(Garcia-Guillen, Norma)
February 25, 2008 Filing 476 EX PARTE APPLICATION for Order for Granting Receiver's Ex Parte Application for Order to Shorten Notice TIme for Motion Seeking Approval of Settlement Agreement Re: Fountainhead filed by Plaintiff Securities and Exchange Commission.(Garcia-Guillen, Norma)
February 25, 2008 Filing 475 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: SEC's Application for Final Judgment against Jonathan Carman is DENIED without prejudice. Receiver shall submit a supplemental report no later than March 3, 2008, with regard to the Seventh Interim Fee Application. The Interim application by Nelson Mullins RIley & Scarborough adn Sheppard Mullin, Richter & Hampton are approved, orders to issue.Court Reporter: Deborah Parker. (ade)
February 25, 2008 Filing 474 EX PARTE APPLICATION to Shorten Time for Hearing to 3/3/08 Ex Parte Application to Shorten Notice TIme for Motion Seeking Approval of Settlement Agreement Re: Fountainhead filed by Plaintiff Thomas A Seaman. (Attachments: #1 Exhibit Ex. E & F to Ex Parte App.#2 Exhibit Ex. B & C to Ex Parte App.#3 Exhibit Ex. A & B to Ex Parte App.)(Garcia-Guillen, Norma)
February 22, 2008 Filing 473 MEMORANDUM in Support of Receiver's Seventh Fee Application filed by Plaintiff Securities and Exchange Commission. (Martinez, Karen)
February 19, 2008 Filing 472 NOTICE OF MOTION AND Joint MOTION of Steven Goldsobel and Dickstein Shapiro to Withdraw as Attorney of Record for Defendant Lambert Vander Tuig filed by Defendant Lambert Vander Tuig.Motion set for hearing on 3/10/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Declaration of Steven M. Goldsobel#2 Declaration of Ira Lee Sorkin#3 Exhibit to Ira Sorkin Declaration)(Goldsobel, Steven)
February 15, 2008 Filing 471 FOURTH SIX MONTH ACCOUNTING REPORT filed by Receiver Thomas A Seaman. (Wallin, Michael)
February 13, 2008 Filing 470 Letter from Lara Marmelstein see Minutes of In Chambers Order/Directive - no proceeding held #469 . (ade)
February 13, 2008 Filing 469 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: Order that Correspondence to Court shall be filed and Served on all Counsel of Record. Letter dated 2/12/08, from Lara Marmelstein. (ade)
February 13, 2008 Filing 468 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: INCORRECT EVENT SELECTED: Correct event is Miscellaneous Filings (non-motion), Response: RE Response in Opposition to Motion, #465 . (rla)
February 8, 2008 Filing 467 MINUTES OF In Chambers Conference held before Judge Alicemarie H. Stotler: Order to Show Cause Hearing on Receiver's Contempt as to Lambert Vander Tuig for Failure to Comply with Court's 9/20/07 Contempt Order and for Sanctions. Defendant shall pay attorneys' fees in the sum of $1,875 to counsel for the receiver forthwith. Court continues the Show Cause Hearing to 3/3/2008 11:00 AM before Judge Alicemarie H. Stotler. At this time, the Court will conduct a hearing for the purpose of carrying out the Court's sentence of imprisoning the defendant in order to obtain compliance with the Court's 9/20/07 Order. Defendant shall be prepared to go into custody at that time based upon the Court's finding of contempt against him. Court Reporter: Deborah Parker. (ade)
January 30, 2008 Filing 466 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: re: EX PARTE APPLICATION for Order for Entry of Final Judgment against Jonathan Carmen pursuant to Rule 54(B) of FRCP, or alternative Relief EX PARTE APPLICATION for Order for Entry of Final Judgment against Jonathan Carmen pursuant to Rule 54(B) of FRCP, or alternative Relief 443 . DENIED. (ade)
January 30, 2008 Filing 465 OPPOSITION (Supplemental) to Order to Show Cause re Contempt filed by Defendant Lambert Vander Tuig. (Attachments: #1 Declaration of Steven M. Goldsobel#2 Exhibit to Goldsobel Declaration (Part 1)#3 Exhibit to Goldsobel Decl (Part 2)#4 Exhibit to Goldsobel Decl (Part 3))(Goldsobel, Steven)
January 28, 2008 Filing 464 RESPONSE filed by Receiver Thomas A Seamanto Response in Opposition to Motion #448 , Order,,, Set Hearings,, #437 Receiver's Response to Defendasnt Lambert Vander Tuig's Show Cause Order Response Re Contempt (Garcia-Guillen, Norma)
January 25, 2008 Filing 463 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #452 Corrected Declaration of Proof of Service of Notice of First Interim Fee Application of Nelson Mullins Riley & Scarborough, LLP served on January 23, 2008. (Wallin, Michael)
January 24, 2008 Filing 462 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #452 Declaration of Proof of Service of Notice of Seventh Interim Fee Application of Nelson Mullins Riley & Scarborough, LLP served on January 23, 2008. (Wallin, Michael)
January 24, 2008 Filing 461 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #457 Declaration of Proof of Service of Notice of Seventh Interim Fee Application of the Receiver served on January 23, 2008. (Wallin, Michael)
January 24, 2008 Filing 460 PROOF OF SERVICE filed by Receiver Thomas A Seaman, re Notice (Other) #454 Declaration of Proof of Service of Notice of Seventh Interim Fee Application of Sheppard, Mullin, Richter & Hampton LLP served on January 23, 2008. (Wallin, Michael)
January 19, 2008 Filing 458 APPLICATION for Judgment against Defendant Jonathan Carman filed by Plaintiff Securities and Exchange Commission.Application set for hearing on 2/25/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Proposed Order Proposed Final Judgment against Defendant Jonathan Carman)(Melton, Thomas)
January 18, 2008 Filing 457 NOTICE Notice of Seventh Interim Fee Application of the Receiver filed by Receiver Thomas A Seaman. (Wallin, Michael)
January 18, 2008 Filing 456 NOTICE Notice of Seventh Interim Fee Application of the Receiver filed by Receiver Thomas A Seaman. (Wallin, Michael)
January 18, 2008 Filing 455 Seventh APPLICATION for Attorney Fees /Receiver Fees filed by Receiver Thomas A Seaman.Application set for hearing on 2/25/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit pp. 12-38#2 Exhibit pp. 39-64#3 Exhibit pp. 65-84#4 Proposed Order)(Wallin, Michael)
January 18, 2008 Filing 454 NOTICE Notice of Seventh Interim Fee Application of Sheppard Mullin Richter & Hampton filed by Receiver Thomas A Seaman. (Wallin, Michael)
January 18, 2008 Filing 453 Seventh APPLICATION for Attorney Fees filed by Receiver Thomas A Seaman.Application set for hearing on 2/25/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit pp. 57-103#2 Exhibit pp. 104-147#3 Exhibit pp. 148-173#4 Proposed Order)(Wallin, Michael)
January 18, 2008 Filing 452 NOTICE of First Interim Fee Application of Nelson Mullins filed by Receiver Thomas A Seaman. (Wallin, Michael)
January 18, 2008 Filing 451 First APPLICATION for Attorney Fees filed by Receiver Thomas A Seaman.Application set for hearing on 2/25/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (Attachments: #1 Exhibit pp. 9-22#2 Proposed Order)(Wallin, Michael)
January 17, 2008 Filing 450 REPLY filed by Objector Scott Yard. (Grant, David)
January 15, 2008 Opinion or Order Filing 698 NOTICE OF DISCREPANCY AND ORDER: by Judge Alicemarie H. Stotler, ORDERING Interested Non Party Harold O' Laughlin's Response submitted by Movant Harold O'laughlin received on 1/14/2008 is not to be filed but instead rejected. Denial based on: Pursuant to General Order 08-03, case designated for electronic filing. (yl)
January 14, 2008 Opinion or Order Filing 459 NOTICE OF DISCREPANCY AND ORDER: by Judge Alicemarie H. Stotler, ORDERING Response to Received Response to Show Cause Order submitted by Objector Scott Yard received on 1/14/08 is not to be filed but instead rejected. Denial based on: General Order 07-08. (ade)
January 7, 2008 Filing 448 OPPOSITION to Order to Show Cause re Contempt filed by Defendant Lambert Vander Tuig. (Attachments: #1 Declaration of Steven M. Goldsobel#2 Exhibit In Support of Declaration of Steven M. Goldsobel)(Goldsobel, Steven)
January 3, 2008 Filing 447 NOTICE of Entry of Notice of Order Re: Order to Show Cause to Defendant Lambert Vander TUig re Contempt and Attorneys' Fees and Scheduling Hearing for 2/4/2008, re: Order,,, Set Hearings,, #437 , filed by Plaintiff Thomas A Seaman. (Attachments: #1 Exhibit Exhibit A)(Garcia-Guillen, Norma)
January 2, 2008 Opinion or Order Filing 446 ORDER by Judge Alicemarie H. Stotler Granting MOTION of William J. Wall to Withdraw as Attorney 435 . Interested party Jill Kraus is hereafter pro se, unless she indicates otherwise. The hearing scheduled for January 7, 2008 at 10:00 a.m. is vacated. (smi)
December 26, 2007 Filing 449 RESPONSE filed by Receiver Thomas A Seaman to Show Cause Order Re Disgorgement Orders and Pending Motion #437 ; Declaration of Norma V Garcia. (ad)
December 21, 2007 Filing 442 DENIED BY ORDER of Judge Alicemarie H. Stotler, United States District Judge: re EX PARTE APPLICATION for Order to Show Cause Re: Contempt 420 . (rla)
December 20, 2007 Filing 445 EVIDENTIARY OBJECTIONS TO DECLARATION of Jonathan Carmen filed in support of Carman's Ex Parte Application for Entry of Final Judgment. Filed by Receiver Thomas A Seaman. (smi)
December 20, 2007 Filing 444 RESPONSE TO JONATHAN CARMAN'S EX PARTE APPLICATION RE ENTRY OF FINAL JUDGMENT 443 filed by Receiver Thomas A Seaman in support of the entry of a final judgment against Carman. Receiver's objections to the Declaration of Jonathan Carman filed in support of the ex parte application also filed. (smi)
December 19, 2007 Filing 443 AMENDED EX PARTE NOTICE OF MOTION AND MOTION for Entry of Final Judgment against Jonathan Carmen pursuant to Rule 54(B) of FRCP, or alternative Relief; supporting Declaration; Declaration Re Notice filed by defendant Jonathan Carman. Lodged Order.(ad)
December 19, 2007 Opinion or Order Filing 441 ORDER TO SHOW CAUSE denied by Judge Alicemarie H. Stotler as to Jill Kraus re. the Court's October 24, 2007 Turnover Order. (smi)
December 17, 2007 Opinion or Order Filing 437 ORDER by Judge Alicemarie H. Stotler re Order to Show Cause #424 to Defendant Lambert Vander Tuig re Contempt. Defendant Lambert Vander Tuig is hereby Ordered to personally appear on 2/4/2008 11:00 AM before Judge Alicemarie H. Stotler to show cause, if any he has, why he should not be adjudged in contempt of this Courts 09/20/07 Contempt Order, and incarcerated and or sanctioned until he complies with same, and why he should not pay sum of $1825 in attorneys fees to Receiver Thomas A Seaman for willfully disobeying this Courts 09/20/07 Contempt Order(see Order for further specifics) (ln)
December 13, 2007 Filing 440 OPPOSITION to Receiver's EX PARTE APPLICATION for Order to Show Cause Re: Jill Kraus' Contempt of Court's Turnover Order 432 ; Declaration of William J Wall filed by Interested Party Jill Kraus. (ad)
December 13, 2007 FAX number for Attorney William J Wall is 951-686-3083. (ad)
December 13, 2007 Filing 435 NOTICE OF MOTION AND MOTION to be relieved as Counsel of Record; Memorandum of Points and Authorities; Declaration of William J. Wall in support thereof; filed by Interested Party Jill Kraus. Motion set for hearing on 1/7/2008 at 10:00 AM before Judge Alicemarie H. Stotler. (te)
December 11, 2007 Filing 439 OBJECTIONS in Opposition to Receiver's Proposed Order to Disgorge Ill-Gotten Gains from Sales Agent Daniel C Mack; Declaration of Daniel C Mack filed by Movant Daniel C Mack. (ad)
December 11, 2007 Filing 438 NOTICE OF ERRATA filed by Receiver Thomas A Seaman Regarding Declaration of Norma V Garcia in support of EX PARTE APPLICATION for Order to Show Cause to Jill Kraus for Contempt of Court's Turnover Order 432 . (ad)
December 11, 2007 Filing 432 (1) EX PARTE APPLICATION for Order to Show Cause Re: Jill Kraus' Contempt of Court's Turnover Order; (2) Memorandum of Points and Authorities; and (3) Declaration of Norma V. Garcia in support thereof; filed by Receiver Thomas A. Seaman. LODGED ORDER. (te)
December 10, 2007 Filing 436 MINUTES OF Show Cause Hearing held before Judge Alicemarie H. Stotler. Receivers counsel shall forthwith prepare, serve and lodge proposed order to show cause re contempt as to Lambert Vander Tuig for failure to comply with Courts 09/20/07 contempt order and for sanctions. Matter will be set for further hearing re Show Cause at 2/4/2008 11:00 AM before Judge Alicemarie H. Stotler.Court Reporter: Deborah Parker. (ln)
December 5, 2007 Filing 434 NOTICE OF: (1) Court's Order vacating the December 10, 2007 Disgorgement Motion Hearing; and (2) Court's Order to Show Cause why Court should not vacate disgorgement orders and dismiss without prejudice remaining Disgorgement Motions; filed by Receiver Thomas A. Seaman. (te)
December 4, 2007 Filing 433 PROOF OF SERVICE filed by Receiver Thomas A. Seaman, Re: Receiver's Notice of Sales Agent Mark Sostak's Non-Opposition to Motion 429 served on Mark Sostak by U. S. Mail on 12/3/2007. (te)
December 3, 2007 Opinion or Order Filing 428 ORDER TO SHOW CAUSE by Judge Alicemarie H. Stotler: TO SHOW CAUSE Why Court Should Not Vacate Disgorgement Orders as to Certain Non-Parties and Dismiss Without Prejudice Remaining Disgorgement Motions; Order Vacating Hearing on December 10, 2007. Accordingly, Receiver is ordered to show cause in writing, no later than December 26, 2007, why the Court should not dismiss Receivers motion for disgorgement as to the remaining agents and vacate the Courts prior disgorgement orders. Sales Agents may respond no later than January 14, 2008. No oral argument on this matter will be heard unless otherwise ordered by the Court. IT IS SO ORDERED. IT IS FURTHER ORDERED that the Clerk shall serve a copy of this Order on counsel for all parties as well as the seller agents whose addresses are of record. (rla)
November 29, 2007 Filing 429 RECEIVER'S NOTICE of Sale Agent Mark Sostak's non-opposition to Receiver's Motion for Disgorgement of Ill-Gotten Gains, RE Motion to Continue Hearing in Opposition to Proposed Receiver's Order to Disgorge Ill-Gotten Gains #392 411 ; filed by Receiver Thomas A. Seaman. (te)
November 26, 2007 Filing 431 NOTICE OF: (1) Order granting Ex Parte Application for Order to Show Cause to Lambert Vander Tuig for failing to comply with contempt order is set for hearing December 10, 2007 at 10:00 A.M.; and (2) Receiver's request for Attorneys' fees shall be heard on December 10, 2007 at 10:00 A.M.; filed by Receiver Thomas A. Seaman. (te)
November 26, 2007 Filing 430 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 7/30/07, Other: See additional page to transcript and ordering form attached hereto (see document for further details); Court Reporter: Pamela Cotten; Court of Appeals Case Number: 07-56391; Re: #373 (rla)
November 19, 2007 Filing 427 NOTICE OF ORDER striking filed documents from the record; filed by Receiver Thomas A. Seaman. (te)
November 19, 2007 Opinion or Order Filing 424 ORDER TO SHOW CAUSE by Judge Alicemarie H. Stotler: GRANTING EX PARTE APPLICATION to Show Cause re Contempt 420 . (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED: The Receiver's ex parte application is granted as follows: 1) An order to show cause to Lambert Vander Tuig for failing to comply with the Court's 9/20/07 Contempt Order for hearing on 12/10/07 at 10:00 a.m. shall be prepared, served and lodged by counsel for Receiver; 2) As part thereof, a hearing on attorneys fees incurred by the Receiver in bringing this application shall be provided for hearing at the same time. Show Cause Hearing set for 12/10/2007 10:00 AM before Judge Alicemarie H. Stotler. (rla)
November 8, 2007 Filing 426 PROOF OF SERVICE filed by defendant Lambert Vander Tuig, Notice of Subpoena for Production of Documents and/or Tangible Things served on 11/19/07. (ad)
November 5, 2007 Filing 425 OPPOSITION to Receiver's EX PARTE APPLICATION for Order to Show Cause Re: Contempt 420 ; Declaration of Steven M Goldsobel and Exhibit filed by Defendant Lambert Vander Tuig. (ad)
November 5, 2007 Filing 421 MINUTES OF IN CHAMBERS ORDER before Judge Alicemarie H. Stotler ORDER STRIKING FILED DOCUMENTS FROM THE RECORD: The document listed below was improperly filed November 5, 2007 for the following reason(s): L.R. 11-3.1.1 - font too small. IT IS HEREBY ORDERED that the following document(s) shall be stricken from the record and shall not be considered by the Court: Daniel C. Macks Objections in Opposition to Receivers Proposed Order to Disgorge Ill-Gotten Gains From Sales Agent Daniel C. Mack; and Declaration of Daniel C. Mack. IT IS FURTHER ORDERED that the document shall not be returned to the filing party; however, the Clerk shall note on the case docket that the documents are stricken from the record. (em)
November 2, 2007 Filing 422 DANIEL C. MACK'S OBJECTIONS in opposition to Receiver's proposed order to disgorge ill-gotten gains from Sales Agent Daniel C. Mack, Re Minutes of In Chambers Order/Directive - no proceeding held #421 , Motion to Continue Hearing #392 411 ; Declaration of Daniel C. Mack; filed by Movant (In Pro Per) Daniel C. Mack. (te)
November 2, 2007 Filing 420 (1) EX PARTE APPLICATION for Order to Show Cause Re: Contempt, (2) Memorandum of Points and Authorities, and (3) Declaration of Norma V. Garcia in support thereof; filed by Receiver Thomas A. Seaman. LODGED ORDER. (te)
November 1, 2007 Filing 423 (1)NOTICE of Withdrawal of Motion for Approval to Sell Real Estate in Moore County, North Carolina Surrounding the Carolina Golf Club 401 ; and (2) SUPPLEMENTAL REPORT filed by receiver Thomas A Seaman. (ad)
October 25, 2007 Filing 417 NOTICE OF ENTRY OF ORDER granting Receiver's turnover motion Re: Vander Tuig; filed by Receiver Thomas A. Seaman. (te)
October 22, 2007 Opinion or Order Filing 416 ORDER by Judge Alicemarie H. Stotler, GRANTING RECEIVER'S TURNOVER Motion re Vander Tuig: IT IS ORDERED that: 1) Funds totaling $1,000,000 transferred to Vander Tuig's spouse, Jill Kraus, after the entry of the Freeze Order by this Court, from an account held by Mid-Tex Survey, Inc., a receivership entity; shall be permanently turned over to the Receiver for benefit of the receivership estate. Vander Tuig, his spoiuse, and their heirs, shall not have any interest in or rights to these monies; and 2) the $ 117,161 held in escrow by Stewart Title for the purchase of a condominium in Las Begas, Nevada in Vander Tuig's spouse's name, Jill Krause shall also be permanently turned over to the Rreceiver for benefit of the receivership estate. Vander Tuig, his spouse, and their heirs, shall not have any interest in or rights to these monies.(rla)
October 15, 2007 Opinion or Order Filing 414 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: TAKING UNDER SUBMISSION Receiver's Motion for Turnover of Lambert Vander Tuig's Assets to the Estate 216 : (See document for details.) These matters are removed from the Court's October 22,2007 calendar. The Clerk shall serve this minute order on counsel for all parties in this action. (rla)
October 12, 2007 Filing 419 Mail Returned addressed to Elizabeth Quiroz re Stipulation and Order #377 , Substitution of Attorney and Order #379 , Order #376 , Order #375 , Order #380 . Undeliverable as Addressed, Forwarding Order Expired. (ad)
October 12, 2007 Filing 418 Mail Returned addressed to Elizabeth Quiroz re Order #335 . Attempted, Not Known. (ad)
October 3, 2007 Filing 403 PROOF OF SERVICE filed by Receiver Thomas A. Seaman Re Notice of Motion for Approval to Sell Real Estate 401 , Motion for Approval to Sell Real Estate (Motion Related Document) 402 served on (see document for Service List) on 10/3/2007. (te)
October 3, 2007 Filing 402 MOTION FOR APPROVAL to Sell Real Estate in Moore County, North Carolina Surrounding the Carolina Golf Club Re Motion for Order for approval to sell real estate in Moore County, North Carolina 189 ; Declaration of THOMAS A. SEAMAN; Declaration of LOUISE THOMAS; Declaration of ANDREW HINES; and Declaration of J. RICHARD MARLOW; filed by Receiver Thomas A. Seaman. LODGED ORDER. (te)
October 3, 2007 Filing 401 NOTICE OF MOTION FOR APPROVAL to Sell Real Estate in Moore County, North Carolina Surrounding the Carolina Golf Club Re Motion for Order for approval to sell real estate in Moore County, North Carolina 189 filed by Receiver Thomas A. Seaman. Motion set for hearing on 11/5/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (te)
October 3, 2007 Filing 400 CERTIFICATE OF RECORD Transmitted to USCA re Appeal to 9th Circuit Court of Appeals, #373 filed by Jonathan Carman ; Court of Appeals Case Number: 07-56391. (lr)
October 2, 2007 Opinion or Order Filing 398 NOTICE OF DISCREPANCY AND ORDER: by Judge Alicemarie H. Stotler, ORDERING Notice of Compliance; Notice of Compliance; submitted by Defendant Jonathan Carman, received on 9/28/07, is not to be filed but instead rejected. Denial based on: Invalid Bond - No Stated Amount on the Bond, Bonding Agent Cannot Post Himself as a Security, and No Bond was Ordered by the Court.(rla)
October 1, 2007 Filing 412 SECOND SUPPLEMENTAL DECLARATION in support of Supplemental Opposition to Receiver's MOTION to Disgorge Ill-Gotten Gains from certain sales agents 217 filed by Objector Scott Yard. (ad)
October 1, 2007 Filing 393 NOTIFICATION by Circuit Court of Appellate Docket Number 07-56391, 9th CCA regarding Appeal to 9th Circuit Court of Appeals, #373 filed by Jonathan Carman. (lr)
September 26, 2007 Filing 390 NOTICE OF ENTRY OF ORDER FINDING LAMBERT VANDER TUIG IN CONTEMPT Re Motion for Contempt against Lambert Vander Tuig and Motion for Sanctions #219 filed by Receiver Thomas A. Seaman. (te)
September 26, 2007 Filing 389 NOTICE OF ENTRY OF ORDER FOR STIPULATION FOR CONDITIONAL WITHDRAWAL OF OPPOSITION TO RECEIVER'S TURNOVER MOTION AND CONTINUANCE OF HEARING AND ORDER THEREON Re Motion for Order for Finding That Assets Turned Over by Vander Tuig to Estate 216 filed by Receiver Thomas A. Seaman. (te)
September 25, 2007 Filing 415 DECLARATION OF CHARLES E. LYSTER, Re: Articles of Incorporation of C. Everett Enterprises, Inc.; filed by Interested Parties Charles E. Lyster, C. Everett Enterprises, Inc. (te)
September 25, 2007 Filing 413 AMENDED DECLARATION OF NICK LARSEN supporting Nick Larsen's opposition to Receiver Seaman's Motion to Disgorge ill-gotten gains from certain sales agents to include page 7 missing from originally submitted Declaration, Re Motion for Order to disgorge gains 217 ; filed by Respondent/Interested Party Nick Larsen. (te)
September 25, 2007 Filing 405 Letter from Carole Weiner. (rla)
September 25, 2007 Opinion or Order Filing 404 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: THAT CORRESPONDENCE TO Court Shall Be Filed and Served on All Counsel of Record: On 9/24/07, the Court received correspondence from Carol Weiner, regarding the above-entitled matter. The Court orders the Clerk to file the correspondence. The Clerk shall serve a copy of this minute order and a copy of the correspondence on counsel for all parties in this action. (rla)
September 25, 2007 Filing 391 REQUEST FOR JUDICIAL NOTICE of Public Records Submitted in Opposition to Receiver's Motion to Disgorge Ill-Gotten Gains Re Motion for Order to Disgorge Gains 217 filed by Interested Parties Charles E. Lyster, C. Everett Enterprises, Inc. (te)
September 24, 2007 Filing 411 MOTION for Continuance of Hearing in Opposition to Proposed Receiver's Order to Disgorge Ill-Gotten Gains from Sales Agent Daniel C Mack filed by movant Daniel C Mack. Declaration of Non-Party Daniel C Mack. (ad)
September 24, 2007 Filing 397 CORRESPONDENCE from Joseph Springer, MD (rla)
September 24, 2007 Opinion or Order Filing 396 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: THAT CORRESPONDENCE TO Court Shall be Filed and Served on All Counsel of Record: On 9/20/07, the Court received correspondence from Joseph Springer, M.D., regarding the above-entitled matter. The Court orders the Clerk to file the correspondence. The Clerk shall serve a copy of this minute order and a copy of the correspondence on counsel for all parties in this action. (rla)
September 24, 2007 Filing 392 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: (1) Receiver's Motion for an Order to disgorge Ill-Gotten Gains as to Mark Sostak, Soren Svendsen, Jess Larsen and Nick Larsen; (2) Receiver's Motion for an Order to disgorge Ill-Gotten Gains as to Charles E. Lyster; (3) Receiver's Motion for an Order to disgorge Ill-Gotten gains from Certain Sales agents: Scott Yard is granted leave to file with the Court no later than 10/01/07, with service on the Receiver, further documents regarding tax and other information as detailed on the record, to support his opposition to Receiver's motion. Jess Larsen and Nick Larsen are granted leave to file with the Court no later than 10/01/07, with service on the Receiver, a supplemental complete Declaration in opposition to the Receiver's motion. (See document for further details.) Motion set for further hearing on Receiver's Motion for an ORder to Disgorge Ill-Gotten Gains to those interested non-parties only for 12/10/2007 at 10:00 AM before Judge Alicemarie H. Stotler.Court Reporter: Sheri Kleeger.(rla)
September 21, 2007 Filing 399 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 7/30/07; Court Reporter: Deborah Parker; Court of Appeals Case Number: 07-56391; Re: Appeal to 9th Circuit Court of Appeals, #373 (lr) Modified on 10/3/2007 (lr, ).
September 20, 2007 Filing 395 NOTICE THAT THE RECEIVER'S MOTION FOR AN ORDER To Disgorge Ill-Gotten Gains From Certain Sales Agents Is Hereby Withdrawn as to Kirk Potter (Only) filed by Receiver Thomas A. Seaman. (te)
September 20, 2007 Filing 394 NOTICE OF ENTRY OF ORDER to Disgorge Ill-Gotten Gains From Sales Agent Nadine Quackenbush Re Motion for Order to Disgorge Gains 217 filed by Receiver Thomas A. Seaman. (te)
September 20, 2007 Opinion or Order Filing 377 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: FOR CONDITIONAL WITHDRAWAL of Opposition to Reciever's Turnover Motion and continuance of Hearing: (See document for details.) (NOTE CHANGES MADE BY THE COURT) re: 216 . Motion reset for hearing on 10/22/2007 at 10:00 AM before Judge Alicemarie H. Stotler.(rla)
September 20, 2007 Opinion or Order Filing 376 ORDER by Judge Alicemarie H. Stotler, APPROVING SIXTH INTERIM Fee APPLICATIONS of the Receiver and Sheppard Mullin, Richter & Hampton LLP 328 : IT IS ORDERED as follows: 1) The Receiver is entitled to compensation for services provided in the amount of $108,407.00; 2) SMR&H is entitled to compensation for services provided in the amount of $246,914.50; 3) SMR&H is entitled to reimbursement for costs incurred in the amount of $13,138.58; 4) The Receiver, Thomas A. Seaman, is authorized and ordered to pay himself and SMR&H above amounts on or before 9/24/07. (rla)
September 20, 2007 Opinion or Order Filing 375 ORDER by Judge Alicemarie H. Stotler: FINDING LAMBERT VANDER TUIG in Contempt: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) This Court issued an Order appointing a Receiver and Order granting Asset Freeze on 2/16/06. (See document for further details.) 8) Accordingly, on or before 10/15/07, Vander Tuig must convey the $573,000, plus $61,648.29 in simple interest at the rate of 7%, to the Receiver. 9) If Vander Tuig fails to convey the $573,000, plus interest, to the Receiver by the above deadline, defendant Vander Tuig faces a contempt of Court proceeding following which he may be incarcerated and required to pay plaintiff's attorneys fees, in addition to payment of the $573,000 or unpaid balance thereof, plus interest thereon. (rla)
September 19, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to 9th Circuit Court of Appeals, #373 (lr)
September 18, 2007 Filing 410 NOTICE that the MOTION for an Order to Disgorge Ill-Gotten Gains from certain sales agents is Hereby Withdrawn as to Soren Svendsen (Only) 217 filed by Receiver Thomas A Seaman. (ad)
September 17, 2007 Filing 409 TRANSCRIPT DESIGNATION AND ORDERING FORM For Date: 6/30/07; Court Reporter: Deborah Parker; Court of Appeals Case Number: 07-56391; Re: Appeal to 9th Circuit Court of Appeals #373 . (ad)
September 17, 2007 Filing 408 REPLY to Scott Yard's Supplemental Opposition in support of MOTION for an Order to Disgorge Ill-Gotten Gains from certain sales agents 217 filed by Receiver Thomas A Seaman. (ad)
September 17, 2007 Filing 407 REPLY to Harold O'Laughlin's Supplemental Opposition in support of MOTION for an Order to Disgorge Ill-Gotten Gains from certain sales agents 217 filed by Receiver Thomas A Seaman. Supplemental Declaration of Norma V Garcia. (ad)
September 17, 2007 Filing 406 REPLY to Nick Larsen's and Jess Larsen's Opposition in support of MOTION for an Order to Disgorge Ill-Gotten Gains from certain sales agents 217 filed by Receiver Thomas A Seaman. (ad)
September 17, 2007 Opinion or Order Filing 380 ORDER by Judge Alicemarie H. Stotler, GRANTING APPLICATION to Withdraw as Attorney 360 of Matthew R. Rutherford for Leave to Withdraw as Counsel for Defendant Jonathan Carman. (rla)
September 17, 2007 Opinion or Order Filing 379 SUBSTITUION OF ATTONREYS; and ORDER by Judge Alicemarie H. Stotler: Jonathan Carman substitues Jonathan Carman, a pro per Defendant, as his attorney of record in place and instead of Matthew R. Rutherford. Attorney Matthew R Rutherford terminated. IT IS SO ORDERED.(rla)
September 17, 2007 Filing 374 MINUTES OF Sixth Interim Fee Applications Hearing held before Judge Alicemarie H. Stotler: Court Grants sixth interim fee application as presented. Counsel shall prepare and lodge with the Court a proposed order pursuant to amounts set forth in the subject application. Court Reporter: Deborah Parker.(rla)
September 14, 2007 Filing 388 NOTICE of Entry of Orders to Disgorge Ill-Gotten Gains from Certain Sales Agents filed by receiver Thomas A Seaman. (ad)
September 14, 2007 Filing 372 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RECEIVER'S SIXTH FEE APPLICATION filed by Plaintiff Securities and Exchange Commission. Re: APPLICATION for Order for Sixth Interim Fee 327 . (te)
September 11, 2007 Opinion or Order Filing 359 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales Agent Nadine Quackenbush: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Nadine Quackenbush received $128,156.25 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 12/21/05 to 11/04/05. (See document for further details.) 3) The $128,156.25 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $128,156.25, plus prejudgment simple interest at the rate of 7%, totaling $13,783.77 shall be entered against Nadine Quackenbush. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 358 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Joel Kelly Davis: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Joel Kelly Davis received $429,285.96 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 2/18/05 to 12/27/05 (See document for further details.) 3) The $429,285.96 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $429,285.96, plus prejudgment simple interest at the rate of 7%, totaling $46,181.52 shall be entered against Joel Kelly Davis . Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla) Modified on 9/13/2007 (rla, ).
September 11, 2007 Opinion or Order Filing 357 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Juanita P. Resendez (a/k/a Nita Resendez): (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Juanita P. Resendez (a/k/a Nita Resendez) received $115,346.60 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 10/29/04 to 2/10/06. (See document for further details.) 3) The $115,346.60 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $115,346.60, plus prejudgment simple interest at the rate of 7%, totaling $12,409.32 shall be entered against Juanita P. Resendez (a/k/a Nita Resendez). Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 356 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Mark Thurman: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Mark Thurman received $319,360.36 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 2/28/05 to 2/14/06. (See document for further details.) 3) The $319,360.36 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $319,360.36, plus prejudgment simple interest at the rate of 7%, totaling $34,355.64 shall be entered against Mark Thurman. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 355 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent William Sean Brazney: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent William Sean Brazney received $203,672.15 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 5/10/05 to 2/15/06. (See document for further details.) 3) The $203,672.15 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $203,672.15, plus prejudgment simple interest at the rate of 7%, totaling $21,912.66 shall be entered against William Sean Brazney. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 354 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Bob Ward: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Bob Ward received $100,461.52 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 3/21/05 to 8/12/05. (See document for further details.) 3) The $100,461.52 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $100,461.52, plus prejudgment simple interest at the rate of 7%, totaling $10,804.86 shall be entered against Bob Ward. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 353 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Bryan Gordon Isom (d.b.a. To The Moon, LLC): (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Bryan Gordon Isom (d.b.a. To The Moon, LLC) received $407,739.15 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 11/9/04 to 2/15/06. (See document for further details.) 3) The $407,739.15 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $407,739.15, plus prejudgment simple interest at the rate of 7%, totaling $43,864.59 shall be entered against Bryan Gordon Isom (d.b.a. To The Moon, LLC). Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 352 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Craig Tye Flournoy (d.b.a. RCB Consultants, Inc.: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Craig Tye Flournoy (d.b.a. RCB Consultants, Inc. received $403,814.81 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 6/3/05 to 2/13/06. (See document for further details.) 3) The $403,814.81 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $403,814.81, plus prejudgment simple interest at the rate of 7%, totaling $43,443.84 shall be entered against Craig Tye Flournoy (d.b.a. RCB Consultants, Inc.. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 351 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Donald Loren Anderson (a/k/a Don Anderson): (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Donald Loren Anderson (a/k/a Don Anderson) received $124,658.21 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 10/29/04 to 2/13/06. (See document for further details.) 3) The $124,658.21 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $124,658.21, plus prejudgment simple interest at the rate of 7%, totaling $13,407.90 shall be entered against Donald Loren Anderson (a/k/a Don Anderson). Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 350 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Egypt McKee: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) Sales Agent Egypt McKee received $116,226.50 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 6/3/05 to 2/14/06. (See document for further details.) 3) The $116,226.50 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $116,226.50, plus prejudgment simple interest at the rate of 7%, totaling $12,504.69 shall be entered against Egypt McKee. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 349 ORDER by Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains from Sales agent Fred Lee Miller (d.b.a. New Heritage, LLC): (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJDUGED AND DECREED THAT: 1) Sales Agent Fred Lee Miller, d.b.a. New Heritage, LLC received $330,905.46 as compensation for the sale of unregistered securities from the Carolina Development Company, Inc. From 4/12/04 to 2/10/06. (See document for further details.) 3) The $330,905.46 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $330,905.46 plus prejudgment simple interest at the rate of 7% totaling $35,601.80, shall be entered against Fred Lee Miller, d.b.a. New Heritage, LLC. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 348 ORDER byy Judge Alicemarie H. Stotler, TO DISGORGE ILL-GOTTEN Gains From Sales Agent George William Allendorf: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED, ADJDUGED AND DECREED THAT: 1) Sales Agent George William Allendorf, d.b.a. West Coast Synergy received $246,470.73 as compensation for the sale of unregistered securities from the Carolina development Company, Inc. From 2/28/05 to 2/14/06. (See document for further details.) 3) The $246,470.73 constitutes ill-gotten gains, and such, must be disgorged for the benefit of the receivership estate. 4) As such, judgment in the amount of $246,470.73 plus prejudgment simple interest at the rate of 7% totaling $26,518.47, shall be entered against George William Allendorf, d.b.a. West Coast Synergy. Post-judgment interest shall accrue as of the date of entry of Judgment, pursuant to 28 U.S.C. section 1961.(rla)
September 11, 2007 Opinion or Order Filing 347 ORDER by Judge Alicemarie H. Stotler, GRANTING LEAVE FOR Brandon F. White, ESQ. and the Law Firm of Foley Hoag LLP to Withdraw as Attorney for Mark Sostak 344 . (rla)
September 11, 2007 Opinion or Order Filing 340 STIPULATION AND ORDER by Judge Alicemarie H. Stotler : The Receiver's reply to Svendsen's opposition to the Receiver's Motion for an Order to Disgorge Ill-gotten Gains from Certain Sales Agents is now due on 9/17/07.(esa)
September 11, 2007 Opinion or Order Filing 339 STIPULATION AND ORDER by Judge Alicemarie H. Stotler : The Receiver's Reply to the Larsens' opposition to the Receiver's Motion for an Order to Disgorge Ill-gotten Gains from Certain Sales Agents is now due 9/17/07.(esa)
September 10, 2007 Filing 387 DECLARATION of Interested Non-Party Harold O'Laughlin filed by Harold O'laughlin. (ad)
September 10, 2007 Filing 386 SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to the Receiver's MOTION for an Order to Disgorge Ill-Gotten Gains 217 filed by Movant Harold O'laughlin. (ad)
September 10, 2007 Filing 385 DECLARATION in support of Supplemental Opposition to Receiver's MOTION to Disgorge Ill-Gotten Gains from Certain Sales Agents 217 filed by Objector Scott Yard. (ad)
September 10, 2007 Filing 384 DECLARATION of Cindy M Chon in support of Yard's Supplemental Opposition to Receiver's MOTION to Disgorge Ill-Gotten Gains from Certain Sales Agents 217 filed by Objector Scott Yard. (ad)
September 10, 2007 Filing 383 SUPPLEMENTAL OPPOSITION to Receiver's MOTION to Disgorge Ill-Gotten Gains from Certain Sales Agents 217 filed by Objector Scott Yard. (ad)
September 7, 2007 Filing 382 EVIDENTIARY OBJECTIONS TO DECLARATION OF WILLIAM BRAZNEY filed in support of Vander Tuig's Objections to Proposed Order re MOTION for Contempt #219 filed by Receiver Thomas A Seaman. (esa)
September 7, 2007 Filing 381 RESPONSE to Vander Tuig's Objections to Proposed Order re MOTION for Contempt #219 filed by Receiver Thomas A Seaman. (esa)
September 7, 2007 Filing 373 NOTICE OF APPEAL to 9th CCA filed by Defendant Jonathan Carman. Appeal of Order, #305 , Filed On: 8/07/07; Entered On: 8/09/07; Order, #335 Filed On: 9/04/07; Entered On: 9/05/07; Forms Given: Transcripts Designation Ordering Form; Filing fee $455, Paid, Receipt number 13707. cc: Jonathan Carman; Cheryl M Mori, Karen Matteson, Matthew R. Rutherford, Nicole P. De Bello, Steven M. Goldsobel, James Bastian, Alan H. Martin, (lr)
September 7, 2007 Civil Appeals Docketing Statement received from Defendant Jonathan Carman forwarded to 9th CCA. RE: Appeal to 9th Circuit Court of Appeals, #373 (lr)
September 5, 2007 Opinion or Order Filing 337 NOTICE OF DISCREPANCY AND ORDER: by Judge Alicemarie H. Stotler, ORDERING Amended Alternative to the exercise, compliance response submitted by Defendant Jonathan Carman received on 8/31/07 is not to be filed but instead rejected. Denial based on: Defendant is submitting a document that was previously discrepancied.(klg)
September 4, 2007 Filing 378 REQUEST TO BE Removed from Mailing List: Shulman Hodges & Bastian LLP, Attorneys for the Investors of the Carolina Development Company, Inc., hereby request that it be removed from the mailing list. (rla)
September 4, 2007 Filing 343 Letter from Joseph Springer, M.D. (esa)
September 4, 2007 Filing 342 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler : The Court orders the Clerk to file the letter received on 8/31/07 from Joseph Springer, M.D. The Clerk shall serve a copy of this minute order and a copy of the letter to counsel for all parties.(esa)
September 4, 2007 Opinion or Order Filing 338 NOTICE OF DISCREPANCY AND ORDER: by Judge Alicemarie H. Stotler, ORDERING Surety Bond, UCC finaning statement, Notice of Termination, Alternative to the exercise of Dejure submitted by Defendant Jonathan Carman received on 8/30/07 is not to be filed but instead rejected. Denial based on: Font size incorrect on Alternative to the Exercise of Dejure, no order on docket regarding Surety Bond.(klg)
September 4, 2007 Opinion or Order Filing 335 ORDER by Judge Alicemarie H. Stotler re MOTION for Contempt and Sanctions against Carman #224 . The Motion is GRANTED. (SEE DOCUMENT FOR DETAILS) (esa)
August 31, 2007 Filing 371 DECLARATION OF SERVICE filed by Interested Parties Jess Larsen, Nick Larsen, re Memorandum in Support of Motion 367 , Declaration 368 , Declaration 370 , Declaration 369 served on 8/31/07. (ad)
August 31, 2007 Filing 370 DECLARATION of Nick Larsen supporting Opposition to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Parties Jess Larsen, Nick Larsen. (ad)
August 31, 2007 Filing 369 DECLARATION of Douglas W Lytle Esq supporting Oppositions of Nick Larsen and Jess Larsen to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Parties Jess Larsen, Nick Larsen. (ad)
August 31, 2007 Filing 368 DECLARATION of Jess Larsen supporting Opposition to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Parties Jess Larsen, Nick Larsen. (ad)
August 31, 2007 Filing 367 MEMORANDUM OF POINTS AND AUTHORITIES supporting Opposition to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Parties Jess Larsen and Nick Larsen. (ad) Modified on 9/18/2007 (ad, ).
August 31, 2007 Filing 366 DECLARATION OF SERVICE filed by interested party Soren Svendsen, re Declaration 364 , Declaration #365 , Memorandum in Support of Motion #363 served on 8/31/07. (ad)
August 31, 2007 Filing 365 DECLARATION of Soren Svendsen supporting Opposition to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Party Soren Svendsen. (ad) (lwag).
August 31, 2007 Filing 364 DECLARATION of Douglas W Lytle Esq supporting Opposition to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Party Soren Svendsen. (ad)
August 31, 2007 Filing 363 MEMORANDUM OF POINTS AND AUTHORITIES Supporting Opposition to Receiver Seaman's MOTION to Disgorge Ill-Gotten Gains From Certain Sales Agents 217 filed by Interested Party Soren Svendsen. (ad) Modified on 9/18/2007 (ad, ). (lwag).
August 31, 2007 Filing 362 DECLARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman, re Notice of Sixth Interim Fee Applications 327 served on 8/24/07. (ad)
August 31, 2007 Filing 346 PROOF OF SERVICE filed by NON PARTY Mark Sostak, re APPLICATION to Withdraw as Attorney 344 , Declaration (Motion related) 345 , and [Proposed] Order; served on 8/31/07. (rla)
August 31, 2007 Filing 345 DECLARATION of BRANDON F. WHITE SUPPORTING APPLICATION to Withdraw as Attorney 344 ; filed by Miscellaneous Mark Sostak. (rla)
August 31, 2007 Filing 344 APPLICATION FOR LEAVE to Withdraw as Counsel for Non-Party Mark Sostak; filed by non-party Mark Sostak. Lodged order. (rla)
August 30, 2007 Opinion or Order Filing 325 ORDER by Judge Alicemarie H. Stotler: the documents listed below were improperly filed for the following reasons: No standing to file because party not counsel of record and document lacks proof of service: "Peremptory Challenge of Attorney Matthew R. Rutherford, Esq. due to conflict of interest. 72 hour Actual and Constructive Notice to Matthew R. Rutherford, esq. To surrender anything/everything pertaining to said case with 72 hours. Recusal for Cause of attorney Matthew R. Rutherford." IT IS FURTHER ORDERED that the documents shall not be returned to the filing party; however, the Clerk shall note on the case docket that the documents are stricken from the record.(rla)
August 29, 2007 Filing 361 DECLARATION of Matthew R Rutherford in support of APPLICATION for Leave to Withdraw as Counsel 360 filed by Defendant Jonathan Carman. (ad)
August 29, 2007 Filing 360 APPLICATION for Leave to Withdraw as Counsel for Defendant Jonathan Carman filed by defendant Jonathan Carman. Lodged Order and Substitution of Attorney. (ad)
August 24, 2007 Filing 341 NOTICE of Intention to submit response to Lambert Vander Tuig's objections to receiver's proposed order re Motion for Contempt filed by receiver Thomas A Seaman. (vm)
August 23, 2007 Filing 336 AMENDED DECLARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman, re APPLICATION for Order 329 , Report 330 , APPLICATION for Order 328 , APPLICATION for Order for Sixth Interim Fee 327 , Proof of Service (subsequent documents) 331 served on 8/21/2007. (mgra)
August 23, 2007 Opinion or Order Filing 317 DENIED BY ORDER of by Judge David O. Carter for Alicemarie Stotler: re [PROPOSED ORDER] Granting Leave for Brandon F. White, Esq and the Law Firm of Foley Hoag LLP to Withdraw as Counsel for Mark Sostak.(rla)
August 21, 2007 Filing 334 PROOF OF SERVICE filed by non-party Mark Sostak. Application for leave to withdraw as counsel for non-party Mark Sostak; Declaration of Brandon F White; etc. were served on 8/21/07. (esa)
August 21, 2007 Filing 333 DECLARATION of Brandon F White in support of APPLICATION to Withdraw as Attorney 332 filed by Brandon F White (esa)
August 21, 2007 Filing 332 APPLICATION for leave to withdraw as counsel for non-party Mark Sostak filed by attorney Brandon F White (esa)
August 21, 2007 Filing 331 DECLARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman. Notice of Sixth Interim Fee Applications of the Receiver; Receiver's Sixth Interim Fee Application; etc. were served on 8/21/07. (esa)
August 21, 2007 Filing 330 Third Six Month Accounting Report filed by Receiver Thomas A Seaman. (esa)
August 21, 2007 Filing 329 Sheppard, Mullin, Richter and Hampton LLP's Sixth Interim Application for allowance of compensation and reimbursment of expenses for 5/1/07 through 7/31/07; Declaration of Alan H Martin; Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. (esa)
August 21, 2007 Filing 328 SIXTH INTERIM FEE APPLICATION filed by receiver Thomas A Seaman. Lodged Proposed Order. (esa)
August 21, 2007 Filing 327 NOTICE OF SIXTH INTERIM FEE APPLICATIONS of the Receiver and Sheppard Mullin Richter and Hampton LLP filed by receiver Thomas A Seaman.Application set for hearing on 9/17/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa)
August 21, 2007 Filing 326 Notice of Withdrawal of MOTION for Order for disgorge gains as to C Dillow and Company Only 217 filed by receiver Thomas A Seaman. (esa)
August 17, 2007 Filing 321 PROOF OF SERVICE filed by defendant Jonathan Carman. Peremptory Challenge of Attorney served on 8/16/07. (esa)
August 17, 2007 Filing 320 72 hour Actual and Construtive Notice to Matthew R Rutherford to surrender anything/everything pertaining to said case within 72 hours filed by defendant Jonathan Carman. (esa)
August 17, 2007 Opinion or Order Filing 313 ORDER by Judge David O. Carter for AHS: GRANTING LEAVE FOR Douglas W. Lytle, Esq., Scott L. Metzger, Esq., and The Law Firm of Duckor Spradling Metzger & Wynne to Withdraw as Counsel for Mark Sostak.(rla)
August 16, 2007 Filing 319 OBJECTIONS and Supplemental Memorandum of Points and Authorities to Receiver's Proposed Order re: MOTION for Contempt against Lambert Vander Tuig #219 ; Declarations of Steven M. Goldsobel and William S. Brazney; and Exhibits in Support Thereof. Order lodged concurrently; filed by Defendant Lambert Vander Tuig. (rla)
August 15, 2007 Filing 318 AMENDED AND CORRECTED NOTICE OF EX PARTE APPLICATION for Leave to Withdraw as Counsel for Non-party Mark Sostak filed by non-party Mark Sostak.(esa)
August 13, 2007 Filing 324 PROOF OF SERVICE filed by non party Mark Sostak, re APPLICATION to Withdraw as Attorney 322 , Declaration (Motion related) 323 served on 8/9/7. (dmjr)
August 10, 2007 Filing 323 DECLARATION of Douglas W Lytle in support of APPLICATION to Withdraw as Attorney 322 filed by Miscellaneous Mark Sostak. (dmjr)
August 10, 2007 Filing 322 APPLICATION to Withdraw as Attorney filed by non-party Mark Sostak. Lodged order. (dmjr)
August 9, 2007 Filing 316 NOTICE of Intention to submit objections and supplemental memorandum of points and authorities in reponse to Receiver's proposed order re Motion for Contempt against Lambert Vander Tuig and Request the Court to hold any Contempt Order until after 8/20/07 filed by defendant Lambert Vander Tuig. (esa)
August 9, 2007 Opinion or Order Filing 308 ORDER by Judge Alicemarie H. Stotler: Approving Plan of Partial Distribution, Setting Bar Date and Establishing a deadline for Property Elections 220 . IT IS ORDERED AS FOLLOWS: 1) The plan is approved in its entirety; 2) The Bar Date is 10/5/07. All Preliminary Investor Response Forms must be delivered to Thomas A. Seaman, court-appointed Receiver for Carolina Company, on or before 10/04/07. The Receiver's address is One Park Plaza, suite 370, Irvine CA 92614. Any Claimant who fails to deliver the required documents to the Receiver by the Bar Date will not participate in any distributions under the Plan; 3) all Property Elections, if required, must be delivered to the Receiver by no later than 10/5/07. (See document for further details.)(rla)
August 8, 2007 Filing 315 PROOF OF SERVICE filed by receiver Thomas A Seaman. Sur-Sur Reply to Yard's Sur-Reply in support of Motion for an Order to Disgorge Ill-Gotten Gains from Certain Sales Agents; and Supplemental Declaration of Norma V Garcia; etc. served on 8/8/07. (esa)
August 8, 2007 Filing 314 PROOF OF SERVICE filed by receiver Thomas A Seaman. Notice of Continuance of Hearing on Receiver's Motion for Order to Disgorge Ill-Gotten Gains from Sales Agents Mark Sostak, Soren Svensen, Jess Larsen, and Nick Larsen only; etc. served on 8/6/07. (esa)
August 7, 2007 Filing 307 STATEMENT OF UNCONTROVERED FACTS AND CONCLUSIONS OF LAW by Judge Alicemarie H. Stotler, In Support of Summary Judgment Against Jonathan Carman 162 : (NOTE CHANGES MADE BY THE COURT) (See document for details.) 10) Based on the above findings of fact, the Commission has shown that defendants have violated Sections 5(a), 5(c) and 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 thereunder. The Commission has also shown that defendants Vander Tuig and Carman violated section 15(a) of the Exhange Act. 11) The Court draws an adverse inference from Carman's assertion of the priviledge against self - the SEC's Claims. 12) Every finding of the fact contained in the foregoing conclusions of law shall be deemed a finding of fact as if set forth as a finding of fact. (rla)
August 7, 2007 Filing 306 RULING by Judge Alicemarie H. Stotler, GRANTING PLAINTIFF'S MOTION for Summary Judgment Against Defendant Jonathan Carman 162 . (See document for details.) IT IS SO ORDERED. IT IS FURTHER ORDERED that the clerk shall serve a copy of this Order on counsel for all parties in this action. (rla)
August 7, 2007 Opinion or Order Filing 305 ORDER by Judge Alicemarie H. Stotler, GRANTING MOTION for Summary Judgment 162 as to Jonathan Carman. (NOTE CHANGES MADE BY THE COURT): I) IT IS ORDERED that defendant and defendant's agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, by using any means or instrumentalities of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: VIII) IT IS FURTHER ORDERED that defendant is liable for disgorgement of $2,191,188.15, representing profits gained as a result of the conduct alleged in Complaint, together with prejudgment interest thereon as calculated at the time of entry of final judgment, pursuant to Section 20(d) of the Securities Act. The Commission may enforce the Court's order for disgorgement by moving for civil contempt at any time after 10 days following entry of this Order. In response to any such civil contempt motion by the Commission, the defendant may assert any legally permissible defense. Payments under this paragraph shall be made to the Clerk of this Court, together with a cover letter identifying Jonathan Carman as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Order. (see document for further details). IX) IT IS FURTHER ORDERED that defendant shall pay a third-tier civil monetary penalty in the amount of $100,000 pursuant to Section 20(b) of the Securities act and section 21(c) of the Exchange Act. Payments under this paragraph shall be made to the Clerk of this Court, together with a cover letter identifying Jonathan Carman as a defendant in this action; setting forth the title and civil action number of this action and the name of this Court; and specifying that payment is made pursuant to this Order. Defendant shall simultaneously transmit photocopies of each such payment and a letter to the Commission's counsel in this action. Defendant relinquishes all legal and equitable right, title and interest in such payments, and no part of the funds shall be returned to defendant. The Clerk shall deposit the funds into an interest bearing account with the Court Registry Investment System. These funds, together with any interest and income earned thereon, shall be held by the CRIS until further order of this Court.(rla)
August 6, 2007 Filing 310 NOTICE OF CONTINUANCE of hearing of MOTION for Order for disgorge gains 217 filed by Receiver Thomas A Seaman. (esa)
August 3, 2007 Filing 312 CERTIFICATE OF SERVICE filed by plaintiff Securities and Exchange Commission. Summary of Plan of Partial Distribution, Plan of Partial Distribution and Proposed Order were served on 8/3/07. (esa)
August 3, 2007 Filing 311 Plan of partial distribution filed by plaintiff Securities and Exchange Commission. (esa)
August 3, 2007 Filing 309 REPORTER'S TRANSCRIPT filed for proceedings held on 7/30/07. Court Reporter: Pamela Cotten. (esa)
August 2, 2007 Filing 304 Letter from D L Barnhill (dmjr)
August 2, 2007 Filing 303 Letter from Joseph Springer (dmjr)
August 2, 2007 Filing 302 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler : letters to court re plan of distribution from Joseph Springer dated 7/27/07 and D L Barnhill dated 7/24/07 are to be filed and served on counsel(dmjr)
July 31, 2007 Opinion or Order Filing 301 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: (1) Vacating Order of Submission Regarding Receivers' Motion for Order Finding that Assets Turned Over Vander Tuig to Estate 216 ; (2) Scheduling Further Hearing on Receiver's Motion for an Order Finding that Assets Turned Over Vander Tuig [Belong] to Estate on 9/24/07 216 , at 11:00 A.M. before Judge Alicemarie H. Stotler.(rla)
July 30, 2007 Filing 300 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: 1) Plaintiff's Motion for Approval of Plan and Partial Distribution, Establishing a Bar Date for the Filing of Claims and deadline for Property Election; 2) Interested Non-Party Harold O'Laughlin's Motion for an Order of Dismissal Under Rule 12(b)(2); 3) Receiver's Motion for an Order to Disgorge Ill-Gotten Gains from Certain Sales Agents; 4) Receiver's Motion for Order Finding that Assets Turned over by Vander Tuig [Belong] to Estate; 5) Receiver's Motion for Contempt and Sanctions as to Defendant Lambert Vander Tuig; 6) Receiver's Motion for Contempt and Sanctions Against Jonathan Carman: Tentative Ruling provided prior to hearing, a copy of which shall be attached to the Clerk's minutes on this proceeding. 2) Interested Non-Party Harold O'Laughlin's Motion for an Order of Dismissal Under Rule 12(b)(2). Motion is Denied. Court rules in accord with Tentative Ruling. 3) Receiver's Motion for an Order to Disgorge Ill-Gotten Gains from Certain Sales Agents. Court rules in accord with Tentative ruling regarding additional limited discovery and supplemental briefing, and further orders the motion continued to 9/24/2007 at 10:00 AM before Judge Alicemarie H. Stotler. 6) Receiver's Motion for Contempt and Sanctions Against Jonathan Carman, Court Grants Motion and finds Jonathan Carman in contempt of Court per his activities on 2/17/06. Receiver's attorney shall forthwith prepare, serve and lodge a proposed order detailing the Court's findings as stated on the official record. Court will hold proposed order for a minimum of two weeks in order for defendant counsel to file objections thereto, if any.Court Reporter: Pamela Cotten.(rla)
July 27, 2007 Filing 299 OBJECTIONS to evidence submitted by Receiver in Receiver's Reply to opposition to Motion for civil contempt 293 filed by Defendant Jonathan Carman. (esa)
July 27, 2007 Filing 298 SECOND SUPPLEMENTAL DECLARATION of Norma V Garcia in support of MOTION for Contempt and Sanctions against Carman #224 filed by Receiver Thomas A Seaman. (esa)
July 26, 2007 Filing 297 REPLY to Receiver's Opposition to O'Laughlin's MOTION to Dismiss Under FRCP Rule 12(b)(2) 257 ; Memorandum of Points and Authorities in Support Thereof; filed by Movant Harold O'laughlin. (rla)
July 25, 2007 Opinion or Order Filing 289 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: CONTINUE HEARING on MOTION for Order for disgorge ill-gotten gains as to Charles E Lyster 217 . Motion reset for hearing on 9/24/2007 at 10:00 AM before Judge Alicemarie H. Stotler.(rla)
July 23, 2007 Filing 294 REPLY In Response to Jill Kraus's Opposition to Vander Tuig Turnover Motion; filed by Receiver Thomas A Seaman. (rla)
July 23, 2007 Filing 293 REPLY in support of MOTION for Contempt and Sanctions against Jonathan Carman #224 ; filed by Receiver Thomas A Seaman. (rla)
July 23, 2007 Filing 292 REPLY in support of MOTION for Contempt and Sanctions against Lambert Vander Tuig #219 ; filed by Receiver Thomas A Seaman. (rla)
July 23, 2007 Filing 291 REPLY To Yard's Sur-Reply in Support of Motion for an Order to Disgorge Ill-Gotten Gains from Certain Sales Agents; and Supplemental Declaration of Norma V. Garcia; filed by Receiver Thomas A Seaman. (rla)
July 23, 2007 Filing 290 REPLY to O'Lauhglin's Opposition in Support of Motion for an Order to Disgorge Ill-Gotten gains from Certain Sales Agents; and Supplemental Declaratons of Thomas A. Seaman; filed by Receiver Thomas A Seaman. (rla)
July 19, 2007 Filing 296 CERTIFICATE OF SERVICE filed by plaintiff Securities and Exchange Commission. Reply Memorandum in support of Motion for Approval of Plan of Partial Distribution served on 7/19/07. (esa)
July 19, 2007 Filing 295 REPLY MEMORANDUM in support of MOTION for Order for Approval of Plan of Partial Distribution 220 filed by Plaintiff Securities and Exchange Commission. (esa)
July 16, 2007 Filing 288 RECEIVER'S OPPOSITION to O'Laughlin's MOTION to Dismiss Under FRCP Rule 12(b)(20) 257 ; filed by Receiver Thomas A Seaman. (rla)
July 16, 2007 Filing 287 (1) REINSTATED OPPOSITION to Receiver's MOTION for an Order to disgorge ill-gotten gains from Certain Sales Agents 217 ; filed by Objector Scott Yard. (rla)
July 16, 2007 Filing 286 DECLARATION of DEBRA CARMAN IN SUPPORT OF Opposition to Receiver's MOTION for Civil Contempt #224 ; filed by Defendant Jonathan Carman. (rla) (lwag).
July 16, 2007 Filing 285 DECLARATION of FRANK CARMAN IN SUPPORT OF Opposition to Receiver's MOTION for Civil Contempt #224 ; filed by Defendant Jonathan Carman. (rla) (lwag).
July 16, 2007 Filing 284 DECLARATION of MATTHEW R RUTHERFORD IN SUPPORT OF Opposition to Receiver's MOTION for Civil Contempt #224 ; filed by Defendant Jonathan Carman. (rla) (lwag).
July 16, 2007 Filing 283 MEMORANDUM of Points and Authorities in Support of Opposition to Receiver's MOTION for Civil Contempt #224 ; filed by Defendant Jonathan Carman. (rla) (lwag).
July 10, 2007 Opinion or Order Filing 278 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: TO CONTINUE HEARING on Receiver's Motion to Disgorge Ill-Gotten Gains 217 from C Dillow & Co. (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED that the hearing ont the Receiver's motion for an order to disgorge ill-gotten gains as to C. Dillow & Co. is continued from 8/27/07 to 9/24/07, when other like motions are set. Motion reset for hearing on 9/24/2007 at 10:00 AM before Judge Alicemarie H. Stotler.(rla)
July 10, 2007 Opinion or Order Filing 275 ORDER by Judge Alicemarie H. Stotler, APPROVING FIFTH INTERIM Fee APPLICATION of the Receiver 271 and Sheppard Mullin, Richter & Hampton LLP 269 and First Interim Application of LECG, LLC 270 : (NOTE CHANGES MADE BY THE COURT): (See Order for details.) The Receiver, Thomas A. Seaman, is authorized and ordered to pay himself, SMR&H and LECG, LLC the above amounts on or before 7/31/07.(rla) Modified on 7/10/2007 (rla, ).
July 9, 2007 Filing 282 NOTICE OF ERRATA filed by Receiver Thomas A Seaman Regarding Fifth Interim APPLICATION for Allowance of Compensation and Reimbursement of Expenses for 2/1/07 through 4/30/07 269 . (ad)
July 9, 2007 Filing 274 MINUTES OF (1) Fifth Interim Fee Applications of the Receiver and Sheppard Mullin Richter & Hampton LLP; (2) First Interim Fee Application of LECG LLC, Forensic Computer Consultants to the Receiver, for Payment of Fees and Expenses: The Court takes the above proceedings under submission pending issuance of the order.Court Reporter: Debbie Gale.(rla)
July 5, 2007 Filing 281 MEMORANDUM in Support of Receiver's Fifth Interim Fee Application 271 filed by Plaintiff Securities and Exchange Commission. (esa)
June 28, 2007 Opinion or Order Filing 268 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER letter to be filed by Judge Alicemarie H. Stotler (dmjr)
June 22, 2007 Filing 267 Letter from Joseph Springer MD (dmjr)
June 20, 2007 Filing 280 NOTICE of Continuance of hearing on Receivers Motion for an order to disgorge ill-gotten gains from sales agents Mark Sostak, Soren Svensen, Jess Larsen and Nick Larsen only filed by receiver Thomas A Seaman. (klg)
June 20, 2007 Filing 279 NOTICE of Continuance of the following Motions 1)Motion for an order finding that assets turned over by Vander Tuig belong to the estate; 2)Motion for contempt and sanctions (Vander Tuig); 3)Motinfor approval of plan of partial distribution establishing a bar date for the filing of claims and deadline for property election and 4)Motion for an order of dismissal under Rule 12(b)(2)filed by receiver Thomas A Seaman. Continued from 6/18/07 to 7/30/07 at 10:00am. (klg)
June 20, 2007 Filing 276 NOTICE of Continuance of hearing on Receiver's Motion for an order to disgorge ill-gotten gains from certain sales agents filed by Receiver Thomas A Seaman. (klg)
June 19, 2007 Filing 277 DECLARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman, of Notice of Fifth Interim Fee Application 272 , served on 6/13/07. (ad)
June 15, 2007 Opinion or Order Filing 261 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: IT IS HEREBY ORDERED that 1) The parties stipulation be made an order of this court and the Disgorgement Motion 217 as it pertains to Porter shall be continued. Motion reset for hearing on 7/30/2007 at 10:00 AM before Judge Alicemarie H. Stotler.(rla)
June 13, 2007 Opinion or Order Filing 256 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: TO CONTINUE HEARINGS on Each of the Following: (NOTE CHANGES MADE BY THE COURT) re MOTION for Contempt against Lambert Vander Tuig MOTION for Sanctions #219 , MOTION for Order for finding that assets turned over by Vander Tuig to Estate 216 , MOTION for Order for Approval of Plan of Partial Distribution, Establishment of a Bar Date for the filing of Claims and Deadline for Property Election 220 , MOTION for Order for disgorge gains 217 . IT IS SO ORDERED, except that the Receiver's motion for Contempt and Sanctions Against Jonathan Carmen was previously continued to 7/30/07, by stipulation and order, filed 6/1/07. Motions reset for hearing on 7/30/2007 at 10:00 AM before Judge Alicemarie H. Stotler.(rla) Modified on 6/18/2007 (rla, ).
June 13, 2007 Opinion or Order Filing 255 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: TO CONTINUE HEARING on Receiver's Motion to DisGorge Ill-Gotten Gains 217 as to Mark Sostak, Soren Svendsen, Jess Larsen and Nick Larsen ONLY: (NOTE CHANGES MADE BY THE COURT) IT IS ORDERED that the hearing on the Receiver's Motion to Disgorge Ill-Gotten Gains, as to the above referenced Parties only is continued. Motion reset for hearing on 9/24/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (rla) Modified on 6/14/2007 (rla, ).
June 13, 2007 Opinion or Order Filing 254 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: TO CONTINUE HEARING on MOTION for an Order to disgorge ill-gotten gains from certain sales agents 217 . Motion reset for hearing on 7/30/2007 at 10:00 AM before Judge Alicemarie H. Stotler.(rla)
June 12, 2007 Filing 273 PROOF OF SERVICE filed by receiver Thomas A Seaman, re Receivers Fifth Interim Fee Application 271 , Notice of Receivers Fifth Interim Fee Application 272 , FIFTH INTERIM APPLICATION for Allowance of Compensation and Reimbursement of Expenses for 2/1/07 through 4/30/07 269 , FIRST INTERIM APPLICATION of LECG, LLC, Forensic Computer Consultants to the Receiver, for Payment of Fees and Expenses 270 , [Proposed] Order; served on 6/12/07. (rla)
June 12, 2007 Filing 272 NOTICE OF Receiver's Fifth Interim Fee Application 271 , APPLICATION for Allowance of Compensation and Reimbursement of Expenses for 2/1/07 through 4/30/07 269 , APPLICATION for Payment of Fees and Expenses 270 ; filed by Receiver Thomas A Seaman.Applications set for hearing on 7/9/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (rla)
June 12, 2007 Filing 271 Receiver's Fifth Interim Fee Application; filed by receiver Thomas A Seaman. (rla)
June 12, 2007 Filing 270 FIRST INTERIM APPLICATION of LECG, LLC, Forensic Computer Consultants to the Receiver, for Payment of Fees and Expenses. (rla)
June 12, 2007 Filing 269 FIFTH INTERIM APPLICATION for Allowance of Compensation and Reimbursement of Expenses for 2/1/07 through 4/30/07; Declaration of Alan H. Martin; and Declaration of Thomas A. Seaman; filed by receiver Thomas A Seaman. (rla)
June 5, 2007 Opinion or Order Filing 236 ORDER by Judge Alicemarie H. Stotler : the documents listed below were improperly filed for the following reasons: failure to comply with judge's procedures re new hearing date; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: (REVISED)NOTICE OF MOTION FOR AN ORDER OF DISMISSAL; AND (REVISED)MEMORANDUM OF POINTS AND AUTHORITIES 235 .(esa)
June 4, 2007 Filing 266 NOTICE of Change of Attorney Information: Steven L. Krongold is no longer attorney of record in this case for the reason indicated in the G-06 Notice. Filed by Interested party Charles E Lyster (rla)
June 3, 2007 Opinion or Order Filing 234 ORDER by Judge Cormac J. Carney GRANTING APPLICATION to Exceed Page Limitation 233 . (esa)
June 1, 2007 Filing 265 NOTICE OF CHANGE OF ATTORNEY INFORMATION: Attorney Steven L. Krongold as counsel for Charels Lyster to be REMOVED from the case; no longer with the firm. (rla)
June 1, 2007 Opinion or Order Filing 228 STIPULATION AND ORDER by Judge Alicemarie H. Stotler : MOTION to disgorge ill-gotten gains as to C Dillow and Co only 217 , shall be heard on 8/27/07, at 10:00 a.m. (NOTE CHANGES MADE BY THE COURT. SEE DOCMENT FOR DETAILS) (esa)
June 1, 2007 Opinion or Order Filing 227 STIPULATION AND ORDER by Judge Alicemarie H. Stotler : re MOTION for Contempt and Sanctions against Carman #224 . Contempt Hearing continued to 7/30/2007 10:00 AM before Judge Alicemarie H. Stotler. (NOTE CHANGES MADE BY THE COURT. SEE DOCUMENT FOR DETAILS)(esa)
June 1, 2007 Opinion or Order Filing 225 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler ORDERING Letter to the judge submitted by Defendant The Carolina Development Company Inc received on 5/24/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. Serve on counsel for all parties. (esa) Modified on 6/4/2007 (esa, ).
May 31, 2007 Filing 264 NOTICE OF JOINDER in Opposition to Receiver's MOTION for Order to disgorge gains 217 filed by Specially Third Party Kirk Porter.. (esa)
May 31, 2007 Filing 235 (REVISED) NOTICE OF MOTION for an Order of Dismissal Under Rule 12(b)(2); and (REVISED) Memorandum of Points and Authorities in Support Thereof filed by interested non-party Harold O'laughlin.Motion set for hearing on 6/25/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa)
May 31, 2007 Filing 233 APPLICATION for Order to file over length Memorandum in support of its Reply Memorandum in support of Motion for Approval of Plan of Partial Distribution filed by plaintiff Securities and Exchange Commission. Lodged Order. (esa)
May 31, 2007 Opinion or Order Filing 232 STIPULATION AND ORDER by Judge Alicemarie H. Stotler : The Receiver has stipulated to not opposing to O'Laughlin's filing of the corrected version of the Opposition and the Receiver is provided until 6/1/07 to file its Reply to O'Laughlin's Opposition.(esa)
May 30, 2007 Filing 262 SUPPLEMENTAL DECLARATION of Thomas A Seaman in support of MOTION for Order for disgorge gains 217 filed by Receiver Thomas A Seaman. (esa)
May 30, 2007 Filing 231 Letter from Ted A. Bajer dated 5/23/07. (esa)
May 30, 2007 Filing 230 Letter from Rosemarie Mack dated 5/18/07. (esa)
May 30, 2007 Filing 229 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler : Letter with the subject "Objection to the SEC's Plan whereby Ted Bajer is listed as a non-partisicpant of the plan under A vi," dated 5/23/07 and letter from Rosemarie Mack, dated 5/18/07, also regarding the Plaintiff's proposed distribution plan are to be filed by the Clerk.(esa)
May 29, 2007 Filing 263 NOTICE OF OBJECTION to SEC's MOTION for Approval of Plan of Partial Distribution, Establishment of a Bar Date for the filing of Claims and Deadline for Property Election 220 filed by claimants Astor and Sonja Stave. (esa)
May 29, 2007 Filing 260 AMENDED PROOF OF SERVICE filed by Receiver Thomas A Seaman. Reply in Support of Motion for Order that Vander Tuig Turnover Assets to the Receivership Estate served on 5/29/2007. (esa)
May 29, 2007 Filing 259 OPPOSITION to MOTION for Contempt and Sanctions #219 against Lambert Vander Tuig filed by Defendant Lambert Vander Tuig. (esa)
May 29, 2007 Filing 258 (CORRECTED) MEMORANDUM of Points and Authorities in Opposition to the Receiver's MOTION for an Order to Disgorge Ill-gotten Gains 217 filed by Interested Non-Party Harold O'laughlin. (esa)
May 29, 2007 Filing 257 (CORRECTED) NOTICE OF MOTION for an Order of Dismissal under Rule 12(b)(2); and (CORRECTED) Memorandum of Points and Authorities filed by interested non-party Harold O'laughlin.Motion set for hearing on 6/18/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa)
May 25, 2007 Filing 253 NOTICE OF RECEIPT OF COURT'S ORDER STRIKING O'LAUGHLIN'S OPPOSITION TO MOTION for Order Disgorging Ill-Gotten Gains from Certain Sales Agents; filed by Receiver Thomas A Seaman. (rla)
May 25, 2007 Filing 252 REPLY TO OPPOSITION IN SUPPORT of MOTION for an Order to disgorge Ill-Gotten gains from certain sales agents 217 ; and Supplemental Declaration of Norma V. Garcia; filed by Receiver Thomas A Seaman. (rla)
May 25, 2007 Filing 251 REPLY IN SUPPORT OF MOTION for Order that Vander Tuig Turnover Assets to the Receivership Estate 216 ; filed by Receiver Thomas A Seaman. (rla)
May 25, 2007 Filing 250 OPPOSITION TO TURNOVER MOTION OR IN THE ALTERNATIVE REQUEST FOR CONTINUANCE re MOTION for Order for finding that assets turned over by Vander Tuig to Estate 216 ; Declaration of William J. Wall in Support. Filed by Interested Party Jill Kraus. (rla)
May 25, 2007 Filing 249 OBJECTION TO PLAN OF DISTRIBUTION AND REQUEST for Continuance of Hearing. Filed by Objecting Parties, Scott Machock and Heidi Machock, Robert Hotchkiss, Mary Lee, trustee, Tudor and Alexandria Stefanescu, Iqbal Husain, trustee, Bruce Seldeen, individually and as Trustee, Todd R. Rose, Jody M. Rose, Albert Toovy, Richard Cerny, Kenneth Saczalski, Judy Saczalski, Michael A. McAteer, Liselott K. McAteer, Mark W. Burtchett. (rla)
May 25, 2007 Opinion or Order Filing 223 MINUTES OF IN CHAMBERS ORDER by Judge Alicemarie H. Stotler: Continuing Hearing on Receiver's Motion for Order Finding that Assets Turned Over by Vander Tuig Belong to Estate 216 and Receiver's Motion for an Order to Disgorge 217 Ill-Gotten Gains from Certain Sales Agents; Continuing Hearing on Plaintiffs' Motion for Approval of Plan and Partial Distribution, Establishing a Bar Date for the Filing of Claims and Deadline for Property Election 220 , Receivers' Motion for Contempt and Sanctions as to defendant Lambert Vander Tuig #219 , and Receiver's Motion for Contempt and Sanctions as to Defendant Jonathan Carman: The hearing on the above-entitled matters is continued to 6/18/07 at 11:00 a.m. The clerk shall serve this minute order on counsel for all parties in this action.(rla, )
May 24, 2007 Filing 248 NOTICE OF ERRATA filed by Receiver Thomas A Seaman. correcting Declaration of Thomas A Seaman in support of MOTION for Contempt and Sanctions against Lambert Vander Tuig #219 . (esa)
May 24, 2007 Filing 226 Letter from William S Wolf re Notice of Document Discrepancies - Granting, #225 (esa)
May 23, 2007 Filing 247 NOTICE OF ERRATA filed by Objector Scott Yard. Correcting OPPOSITION 237 : re Declaration of Scott Yard; Revised Declaration of Scott Yard in Support of his Opposition to Receiver's Motion for an Order to Disgorge Ill-Gotten Gains from Certain Sales Agents (rla)
May 22, 2007 Filing 246 NOTICE of Change of Attorney Information: New Firm name: Dickstein Shapiro LLP, change from Dickstein, Shapiro, Morin, & Oshinsky. Filed by defendant Lambert Vander Tuig. (rla)
May 22, 2007 Filing 245 OPPOSITION TO RECEIVER'S MOTION FOR ORDER FINDING THAT ASSETS TURNED OVER BY VANDER TUIG TO ESTATE 216 ; filed by Defendant Lambert Vander Tuig. (rla)
May 21, 2007 Filing 244 PROOF OF SERVICE filed by interested party Elizabeth Quiroz. Opposition to the Motion served on 5/21/07. (esa)
May 21, 2007 Filing 243 OPPOSITION to MOTION 217 filed by intereested party Elizabeth Quiroz. (esa)
May 21, 2007 Filing 242 OPPOSITION to MOTION for Order for disgorge gains 217 filed by Ken Iles. (esa)
May 21, 2007 Filing 241 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION for Order to disgorge gains 217 filed by interested non-party Harold O'laughlin. (esa)
May 21, 2007 Filing 240 OPPOSITION to MOTION for Order for disgorge gains 217 : Memorandum of Points and Authorities; Declaration of Thomas H Bienert, Jr. filed by interested parties Charles E Lyster and C Everett Enterprises Inc.. (esa)
May 21, 2007 Filing 239 OPPOSITION to MOTION for Order for disgorge gains 217 ; Memorandum of Points and Authorities; Declaration of Chard E Dillow; Declaration of Paul Damien Kramer filed by C Dillow and Company.. (esa)
May 21, 2007 Filing 238 NOTICE OF MOTION AND MOTION to Dismiss Action and any disgorgement order; Memorandum of Points and Authorities filed by interested non-party Harold O'laughlin.Motion set for hearing on 6/18/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa)
May 21, 2007 Filing 237 OPPOSITION to MOTION for Order for disgorge gains 217 ; Declaration of Scott Yard filed by Third-Party Scott Yard. (esa)
May 21, 2007 Opinion or Order Filing 218 ORDER by Judge Alicemarie H. Stotler: STRIKING FILED DOCUMENTS from the record; the documents listed below were improperly filed for the following reasons: LR 11-3.1.1 - font too small; 1) O'Laughlin's Notice of Motion for an Order of Dismissal Under Rule 12(b)(2) and Memorandum of Points and Authorities (filed: 5/21/07); 2) O'Laughlin's Memorandum of Points and Authorities in Opposition to the Receiver's Motion for an Order to Disgorge (filed: 5/21/07). IT IS FURTHER ORDERED that the documents shall not be returned to the filing party; however, the Clerk shall note on the case docket that the documents are stricken fom the record.(rla, )
May 18, 2007 Filing 224 NOTICE OF MOTION AND MOTION for Contempt and Sanctions against Carman: Memorandum of Points and Authorities; and Declarations of Thomas Seaman, Norma Garcia and Michael Wallin; filed by Receiver Thomas A Seaman.Motion set for hearing on 6/18/2007 at 11:00 AM before Judge Alicemarie H. Stotler. (rla, ) (lwag).
May 16, 2007 Filing 219 NOTICE OF MOTION for Contempt and Sanctions against Lambert Vander Tuig; filed by receiver Thomas A Seaman. Motions set for hearing on 6/11/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (rla, ) (lwag).
May 14, 2007 Filing 222 AMENDED PROOF OF SERVICE BY MAIL filed by Receiver Thomas A Seaman. Notice of Motion for an Order to Disgorge Ill-Gotten Gains from Certain Sales Agents; Memorandum of Points and Authorities; Declaration of Norma V Garcia; Declaration of Receiver Thomas A Seaman were served on 5/9/07. (esa, )
May 14, 2007 Filing 221 PROOF OF SERVICE filed by plaintiff Securities and Exchange Commission. Notice of Motion for Approval of Plan of Partial Distribution, Establishment of a Bar Date for the Filing of Claims and Deadline for Property Extension; Memorandum in Support of Motion; Declaration of Thomas A Seaman; Proposed Plan of Partial Distribution were served on 5/14/07. (esa, )
May 14, 2007 Filing 220 NOTICE OF MOTION AND MOTION for Approval of Plan of Partial Distribution, Establishment of a Bar Date for the filing of Claims and Deadline for Property Election ; Memorandum; Declaration of Thomas S Seaman filed by plaintiff Securities and Exchange Commission.Motion set for hearing on 6/11/2007 at 10:00 AM before Judge Alicemarie H. Stotler. Lodged Proposed Order. (esa, )
May 8, 2007 Filing 217 NOTICE OF MOTION AND MOTION for Order to disgorge gains filed by receiver Thomas A Seaman. Motion set for hearing on 6/4/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (dmjr, )
May 1, 2007 Filing 216 NOTICE OF MOTION for Order finding that assets turned over by Vander Tuig to Estate; Memorandum of Points and Authorities; Declaration of Norma V. Garcia; Declaration of Thomas A. Seaman filed by Receiver Thomas A Seaman. Motion set for hearing on 6/4/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
April 20, 2007 Filing 215 NOTICE of Entry of Order filed by receiver Thomas A Seaman. (esa, )
April 17, 2007 Filing 210 MINUTES OF (IN CHAMBERS) RULING by Judge Alicemarie H. Stotler, GRANTING RECIEVERS MOTION for Order Finding that Assets Turned Over by Carman Belong to Estate. The Turnover motion is removed from the Courts 4/23/07 hearing calendar. The Clerk shall serve this minute order on counsel for all parties in this action.Court Reporter: Not Present. (rla, )
April 17, 2007 Opinion or Order Filing 209 ORDER GRANTING RECEIVERS TURNOVER MOTION by Judge Alicemarie H. Stotler, re CARMAN: IT IS ORDERED, ADJUDGED AND DECREED THAT: The Receivers Motion is granted as follows: 1) The net proceeds from the sale of the Jonathan Carman residence totaling $85,794.92 shall be permanently turned over to the Receiver for benefit of the receivership estate. Carman, his spouse, and their heirs shall not have any interest in or rights to these monies. 2) The $125,000 that Carman transferred to himself from an account held by D.C. Property Investment, LLC shall also be permanently turned over to the Receiver for benefit of the receivership estate. Carman, his spouse, and their heirs, shall not have any interest in or rights to these monies. 3) Funds totaling $316,498.06 that Carman transferred to his father, Frank Carman, from the J.D.C. Development, Inc account shall also be permanently turned over to the Receiver for benefit of the receivership estate. Carman, his spouse, and their heirs, shall not have any interest in or rights to these monies. 4) Funds totaling $73,556.72 that Carmans spouse, Debra Carman, returned to the Receiver shall also be permanently turned over to the Receiver for benefit of the receivership estate. Carman, his spouse, and their heirs, shall not have any interest in or rights to these monies. (rla, )
April 12, 2007 Filing 214 RECEIVERS NOTICE OF CARMANS NON-OPPOSITION TO RECEIVERS TURNOVER MOTION re MOTION 203 ; filed by receiver Thomas A Seaman. (rla, )
April 12, 2007 Filing 206 NOTICE OF CLERICAL ERROR RE 205 : Due to a clerical error a document number should not have been assigned to entry shown as document #205. (esa, )
April 11, 2007 Opinion or Order Filing 204 ORDER by Judge Alicemarie H. Stotler re MOTION for Order for approval to sell real estate in Moore County, North Carolina 189 . The Receiver is authorized to close the proposed sales of real estate in Moore County, North Carolina. (esa, )
April 10, 2007 Filing 213 DECLARATION of Louise Thomas in connection with the Motion for Approval to Sell Real Estate in Moore County, North Carolina 189 filed by Receiver Thomas A Seaman. (esa, )
April 9, 2007 Filing 211 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: RECEIVERS MOTION to sell real estate in Moore County, North Carolina 189 . Tentative Ruling provided to counsel prior to hearing, a copy of which shall be attached to the clerks minutes on these proceedings. Receiver shall submit a supplemental filing with regard to Louise R Thomas as specified on the record. Receivers Motion is granted subject to receipt fo the supplemental filing, order to issue thereafter. Court Reporter: Deborah Parker. (rla, )
April 5, 2007 Filing 212 SUPPLEMENTAL REPORT That No Overbid Offers Were Received to Purchase Certain Real Estate in Moore County, North Carolina; Declaration of Thomas A Seaman, filed by Receiver Thomas A Seaman. (rla, )
April 2, 2007 Opinion or Order Filing 202 ORDER by Judge Alicemarie H. Stotler: APPROVING FOURTH INTERIM Fee Application of the Receiver and Sheperd Mullin, Richter & Hampton LLP 183 : (NOTE CHANGES MADE BY THE COURT) IT IS HEREBY ORDERED: 1) The Receiver is entitled to compensaton for services provided in the amount of $109,320. 2) SMR&H is entitled to reimbursement for services provided in the amount of $178.955. 3) SMR&H is entitled to reimbursement for costs incurred in the amount of $9,239. 4) The Receiver, Thomas A Seaman, is authorized and ordered to pay himself and SMR&H the above amounts on or before 4/30/07.(rla, )
April 2, 2007 Opinion or Order Filing 201 ORDER by Judge Alicemarie H. Stotler: INSTRUCTING WILLIAM CANNON to Release Funds Held in Uncompleted Escrows. (NOTE CHANGES MADE BY THE COURT) IT IS HEREBY ORDERED: William Cannon is authorized and instructed, upon further written direction from the Receiver, to release the following amounts to the following individuals on or before 4/30/07, subject to receipt of a general release relieving the company of any future liability, 1. Stephanie K Plante: $200,000, plus accrued interest; 2. Jerry & Karen Prefontaine: $175,000, plus accrued interest; and 3. Gregory Hansen: $202,500, plus accrued interest.(rla, )
April 2, 2007 Filing 200 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: (1) Receivers Motion Requesting release of funds held in uncompleted escrows 186 , (2) Receiver and Sheppard Mullin Richter & Hampton LLP's Fourth Interim Fee Applications 183 : The proposed order re: Receivers Motion Requesting Release of Funds Held in Uncompleted Escrows is approved upon additions made by the Court with agreement of counsel, order to be issued forthwith. Order Approving Fourth Interim Fee Applications of the Receiver and Sheppard Mullin Richter & Hampton LLP is granted with modifications by the Court, and issued.Court Reporter: Deborah Parker. (rla, )
April 2, 2007 Filing 199 Letter from Rev Daniel C Mack. (rla, )
April 2, 2007 Opinion or Order Filing 198 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: Order that Letter to Court Shall be Filed and Served on All Counsel of Record: On 3/21/07, the Court received a letter from Rev Daniel C Mack regarding the above-entitled matter. The Court orders the Clerk to file the letter. The Clerk shall serve a copy of this minute order and a copy of the letter on counsel for all parties in this action.Court Reporter: Not Present. (rla, )
March 30, 2007 Filing 208 NOTICE OF MOTION for Order finding that assets turned over by Carman belong to estate; Memorandum of Points and Authorities; Declaration of Norma V Garcia; Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Motion set for hearing on 4/23/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
March 30, 2007 Filing 207 MEMORANDUM in support of Receiver's Fourth Fee Application 183 filed by plaintiff Securities and Exchange Commission. (esa, )
March 29, 2007 Filing 203 NOTICE OF MOTION AND MOTION for Order finding assets turned over by Carman belong to the Estate filed by receiver Thomas A Seaman. Motion set for hearing on 4/23/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (dmjr, )
March 28, 2007 Opinion or Order Filing 196 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler: RE Letter to the Presiding Judge: The document is to be filed and processed. The filing date is ORDERED to be the date the document was stamped RECEIVED BUT NOT FILED with the Clerk. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to LR 83-7. The Clerk shall serve this letter on counsel to all parties to this action.(rla, )
March 28, 2007 Filing 195 Letter from ALBERT E. TOOVY (rla, )
March 28, 2007 Filing 194 Letter from DIANE MCCLARE. (rla, )
March 28, 2007 Opinion or Order Filing 193 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: ORDER THAT LETTERS to court shall be filed and served on all counsel of Record: The Clerk shall serve a copy of this minute order and a copy of the letters on counsel for all parties in this action.Court Reporter: Not Present. (rla, )
March 22, 2007 Filing 197 Letter from JOSEPH SPRINGER (rla, )
March 19, 2007 Filing 192 DECLARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman. Notice of Fourth Interim Fee Applications of the Receiver and Sheppard Mullin Richter and Hampton LLP was served on 3/9/07. (esa, )
March 16, 2007 Filing 191 DECLARATION OF SERVICE filed by receiver Thomas A Seaman. Notice of Motion for approval to sell real estate in Moore County, North Carolina; Motion for Approval to Sell; etc. were served on 3/16/07. (esa, )
March 16, 2007 Filing 190 NOTICE OF MOTION for approval to sell real estate in Moore County, North Carolina 189 filed by receiver Thomas A Seaman. Motion set for hearing on 4/9/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
March 16, 2007 Filing 189 MOTION for approval to sell real estate in Moore County, North Carolina ; Declaration of Thomas A Seaman; Declaration of Jerrell D Coleman; Declaration of James M Myrick; Declaration of Louise R Thomas filed by receiver Thomas A Seaman. Lodged Order. (esa, )
March 8, 2007 Filing 188 PROOF OF SERVICE filed by receiver Thomas A Seaman. Notice of Fourth Interim Fee Applications of the Receiver and Sheppard Mullin Richter and Hampton LLP; Receiver's Fourth Interim Fee Application; etc. were served on 3/8/07. (esa, )
March 8, 2007 Filing 187 NOTICE OF MOTION re MOTION requesting release of funds held in uncompleted escrows 186 filed by receiver Thomas A Seaman. Motion set for hearing on 4/2/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
March 8, 2007 Filing 186 MOTION requesting release of funds held in uncompleted escrows ; Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Lodged Order. (esa, )
March 8, 2007 Filing 185 NOTICE OF FOURTH INTERIM FEE APPLICATIONS of the Receiver, and Sheppard Mullin Richter and Hampton 183 filed by receiver Thomas A Seaman. (esa, )
March 8, 2007 Filing 184 RECEIVER'S FOURTH INTERIM FEE APPLICATION (esa, )
March 8, 2007 Filing 183 Sheppard Mullin Richter and Hampton LLP's Fourth Interim APPLICATION for allowance of compensation and reimbursement of expenses for 11/1/06 through 1/31/07; Declaration of Alan H Martin; Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Application set for hearing on 4/2/2007 at 10:00 AM before Judge Alicemarie H. Stotler. Lodged Order. (esa, )
March 6, 2007 PLACED IN FILE - NOT USED re [Proposed] Order approving the sale of real estate in Celina, Texas to Blue Star Investment Inc. submitted by Receiver Thomas A Seaman (esa, )
March 5, 2007 Filing 182 STATUS REPORT Regarding Completed Sale of Real Estate in Celina, Texas; and Declaration of Thomas A Seaman; filed by Receiver Thomas A Seaman. (rla, )
February 23, 2007 Opinion or Order Filing 181 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Arthur Nakazato. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 224, Section 3.2. Case randomly reassigned from Judge Arthur Nakazato to Judge Marc L. Goldman for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV06-172AHS(MLGx).(csb, )
February 22, 2007 Opinion or Order Filing 175 ORDER by Judge Alicemarie H. Stotler GRANTING Summary Judgment 125 as to Defendant Lambert Vander Tuig. I) IT IS HEREBY ORDERED that Defendant and Defendants agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are permanently restrained and enjoined from violating directly or indirectly, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, by using any means or instrumentalities of interstate commerce, or of the mails, or of any facility of any national securities exchange, in connection with the purchase or sale of any security: (a) to employ any device, scheme or artifice to defraud; (b) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which they were made, not misleading; or (c) to engage in any act, practice or course of business which operates or would operate as a fraud or deceit on any person. II) (See order for further details.) (rla, )
February 22, 2007 PLACED IN FILE - NOT USED re PROPOSED STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW; submitted by plaintiff Securities and Exchange Commission. (rla, )
February 21, 2007 Filing 180 RECEIVERS SECOND SIX MONTH ACCOUNTING REPORT; filed by Receiver Thomas A Seaman. (rla, )
February 21, 2007 Filing 177 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler :, granting MOTION for Summary Judgment 162 Court Reporter: none. (dmjr, )
February 21, 2007 Opinion or Order Filing 176 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: (1) Taking Under Submission Plaintiffs Motion for Summary Judgment Against Defendant Johnathan Carman 162 ; (2) Vacating Pretrial Conference and Jury Trial dates, Subject to Resetting by the Court. The Clerk shall serve this minute order on counsel for all parties in this action. Court Reporter: Not Present. (rla, )
February 20, 2007 Filing 179 PROOF OF SERVICE filed by plaintiff Securities and Exchange Commission, re Response to defendant Jonathan Carman's Memorandum 178 was served on 2/20/07. (esa, )
February 20, 2007 Filing 178 RESPONSE TO DEFENDANT JONATHAN CARMAN'S MEMORANDUM OF POINTS AND AUTHORITIES in support of opposition to plaintiff's MOTION for Summary Judgment 162 filed by plaintiff Securities and Exchange Commission. (esa, )
February 12, 2007 Filing 174 MEMORANDUM of Points and Authorities in Support of Opposition to MOTION for Summary Judgment 162 ; filed by defendant Jonathan Carman. (rla, ) (lwag).
February 6, 2007 Filing 173 Letter with attachments from JOSEPH SPRINGER MD dated 1/3/07 (recieved 1/10/07). (rla, )
February 6, 2007 Filing 172 Letter with attachments from JOSEPH SPRINGER MD dated 1/03/06, (received 1/10/07). Modified on 2/9/2007 (rla, ).
February 6, 2007 Opinion or Order Filing 171 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: LETTERS TO COURT Shall be Filed and Served on All Counsel of Record: The Court received two letters and attachments from Joseph Springer MD, one letter dated 1/3/06, the other 1/3/07, regarding the above-entitled matter. The Court orders the Clerk to file the letters. The Clerk shall serve a copy of this minute order and a copy of the letters and attachments on counsel for all parties in this action.Court Reporter: Not Present. (rla, )
January 23, 2007 Filing 158 NOTICE OF CLERICAL ERROR: Due to clerical error a Document Number was given to a non-public entry in this case. Docment number 157 should not have been given to this entry. (rla, )
January 22, 2007 Filing 170 EXHIBITS 8 - 35 to MEMORANDUM in support of MOTION for Summary Judgment 162 filed by plaintiff Securities and Exchange Commission. (jag, )
January 22, 2007 Filing 166 EXHIBITS 1-7 to memorandum in support of plaintiffs motion for summary judgment against Jonathan Carman 162 filed by Plaintiff Securities and Exchange Commission. (csb, )
January 22, 2007 Filing 165 DECLARATION of Thomas A Seaman in support of MOTION for Summary Judgment against Jonathan Carman 162 filed by Plaintiff Securities and Exchange Commission. (csb, )
January 22, 2007 Filing 164 MEMORANDUM in Support of MOTION for Summary Judgment against Jonathan Carman 162 filed by Plaintiff Securities and Exchange Commission. (csb, )
January 22, 2007 Filing 163 PROOF OF SERVICE filed by Plaintiff Securities and Exchange Commission, re MOTION for Summary Judgment and supporting documents 162 , was served on 1/18/07. (csb, )
January 22, 2007 Filing 162 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Securities and Exchange Commission. Motion set for hearing on 2/26/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (csb, )
January 22, 2007 Filing 161 NOTICE of motion for summary judgment against Jonathan Carman filed by Plaintiff Securities and Exchange Commission. (csb, )
January 22, 2007 Filing 160 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler re: (1) Receiver's renewed motion for approval to sell real estate in Moore County, North Carolina; (2) Receiver's renewed motion for approval to sell real estate in Orange County, California. Court grants both motions and executes orders approving sale of real property in Moore County, North Carolina and Orange County, California.Court Reporter: Deborah Parker. (esa, )
January 22, 2007 Opinion or Order Filing 159 ORDER by Judge Alicemarie H. Stotler: APPROVING THE SALE of Real Estate in Orange County, California, re MOTION for Order of Sale 147 148 . IT IS HEREBY ORDERED as Follows: The Receiver is authorized to sell the property located at 19 Skygate in Aliso Viejo, California to Omid Tohidian for $879,000.(rla, )
January 22, 2007 Opinion or Order Filing 156 ORDER by Judge Alicemarie H. Stotler: APPROVING THE SALE of Real Estate in Moore County, North Carolina re MOTION for Order of Sale 140 141 . IT IS HEREBY ORDERED as follows: The Receiver is authorized to close the proposed sales of real estate in Moore County, North Carolina as outlined above. (rla, )
January 18, 2007 Filing 169 STATUS REPORT regarding sale of real estate in Celina, Texas; and Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. (esa, )
January 18, 2007 Filing 168 SUPPLEMENTAL REPORT that no overbid offers were received to purchase certain real estate in Moore County, North Carolina; and Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. (esa, )
January 18, 2007 Filing 167 SUPPLEMENTAL REPORT that no overbid offers were received to purchase certain real estate in Orange County, California; and Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. (esa, )
January 8, 2007 Opinion or Order Filing 150 ORDER by Judge Alicemarie H. Stotler: APPROVING THIRD INTERIM FEE Application of the Receiver, Sheppard Mullin Coats Rose and First Interim Fee Application of Huges Luce: (NOTE CHANGES MADE BY THE COURT): IT IS HEREBY ORDERED as follows: 1) The Receiver is entitled to compensation for services provided in the amount of $189,196; 2) SMR&H is entitled to compensation for services provided in the amount of $156,058; 3) SMR&H is entitled to reimbursement for costs incurred in the amount of $9,003; 4) Coats Rose is entitled to compensation for services provided in the amount of $3,651; 5) Coats Rose is entitled to reimbursement for costs incurred in the amount of $137; 6) Hughes Luce is entitled to compensation for services provided in the amount of $43,403; 7) Hughes Luce is entitled to reimbursement for costs incurred in the amount of $695; 8) The Receiver, Thomas A Seaman, is authorized and ordered to pay himself, SMR&H and Coats Rose the above amounts on or before 1/31/07.(rla, )
January 8, 2007 Filing 146 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: Cause called. Tentative ruling provided to counsel, a copy of which shall be attached to the clerks minutes on these proceedings. Receiver addresses Court. Court grants the proposed fee applications, order to issue.Court Reporter: Deborah Parker. (rla, )
January 5, 2007 Opinion or Order Filing 145 ORDER by Judge Alicemarie H. Stotle: GRANTING APPLICATION for Order to File Over Length Memorandum in Support of Its Motion for Summary Judgment Against Johnathan Carman.(rla, )
January 4, 2007 Filing 155 APPLICATION FOR ORDER to file over length Memorandum in Support of Its Motion for Summary Judgment Against Jonathan Carman; filed by plaintiff Securities and Exchange Commission. Lodged ORDER. (rla, )
January 4, 2007 Filing 154 Declaration of PROOF OF SERVICE, filed by receiver Thomas A Seaman, re Notice of Renewed Motion to sell real estate in Moore County, North Carolina 141 , was served on 12/29/06. (rla, )
January 4, 2007 Filing 153 Declaration of PROOF OF SERVICE filed by receiver Thomas A Seaman; re NOTICE OF THIRD Interim Fee Applications of Thomas A Seaman, Sheppard Mullin Richter and Hampton, and Coats Rose, and First Interim Fee Application of Hughes Luce; was served on 12/26/06. (rla, )
January 4, 2007 Filing 152 DELCARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman, re Renewed Motion for Approval to sell Real Estate in Orange County, California 148 , was served on 12/29/06. (rla, )
January 4, 2007 Filing 151 MEMORANDUM in Support of Receivers Third Fee Application 121 ; filed by receiver Thomas A Seaman. (rla, )
January 3, 2007 Filing 144 Letter from Joseph Springer filed pursuant to minute order #143 . (rla, )
January 3, 2007 Opinion or Order Filing 143 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: Order that Letter to Court Shall be Filed and Served on All Counsel: On 12/19/06, the court received a letter dated 12/12/06, with attachement, from Joseph Springer MD regarding the above entitled matter. The Court orders the Clerk to file the letter. The Clerk shall serve a copy of this minute order and a copy of the letter and attachment on counsel for all parties in this action.Court Reporter: Not Present. (rla, )
December 28, 2006 Filing 149 DECLARATION OF PROOF OF SERVICE re RENEWED MOTION for Approval to Sell Renty, California 147 , 148 filed by receiver Thomas A Seaman. (em, )
December 28, 2006 Filing 148 (1)RENEWED MOTION For Approval to Sell Real Estate in Orange County, California; (2)Declaration of Thomas A. Seaman; (3)Declaration of David Myszko; (4)Declaration of Periann Dirocco; (5)Declaration of Gail Dellos; and (6)Declaration of Vernon Vedder filed by receiver Thomas A Seaman. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Alicemarie H. Stotler. Attached Exhibits A-M. (em, )
December 28, 2006 Filing 147 NOTICE OF RENEWED MOTION For Approval to Sell Real Estate in Orange County, California filed by receiver Thomas A Seaman. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (em, )
December 21, 2006 Opinion or Order Filing 135 STIPULATION AND ORDER by Judge Alicemarie H. Stotler: Order Continuing Hearing on Plaintiffs Motion for Summary Judgment against Lambert Vander Tuig.Motion reset for hearing on 2/26/2007 at 10:00 AM before Judge Alicemarie H. Stotler. IT IS SO ORDERED.(rla, )
December 19, 2006 Filing 142 DECLARATION OF PROOF OF SERVICE filed by receiver Thomas A Seaman, re MOTION 140 , and Notice of Motion 141 , and Proposed Order Approving the sale of Real Estate; was served on 12/19/06. (rla, )
December 19, 2006 Filing 141 NOTICE Renewed MOTION for approval to sell real estate in Moore County, North Carolina 140 ; filed by receiver Thomas A Seaman. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (rla, )
December 19, 2006 Filing 140 RENEWED MOTION for Approval to sell real estate in Moore County, North Carolina; 2) Declaration of Thomas A Seaman; 3) Declaration of Martha Gentry; 4) Declaration of Ann Ballard; 5) Delcaration of Jerrell D Coleman; 6) Declaration of James M Myrick; and 7) Declaration of Louise R Thomas; filed by receiver Thomas A Seaman. Motion set for hearing on 1/22/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (rla, ) Modified on 1/2/2007 (rla, ).
December 18, 2006 Filing 134 MINUTES OF In Chambers Conference held before Judge Alicemarie H. Stotler : Tentative Ruling provided to counsel prior to hearing, a copy of which shall be attached to the clerk's minutes on these proceedings. Attorny for Receiver advises the Court that the Forestar Investment Committee has approved the sale of the subject real property. Court rules in accordance with the Tentative Ruling and the sale may proceed. An interim status report shall be submitted to the Court by receiver's counsel the week of 1/16/07.Court Reporter: Deborah Parker. (esa, )
December 18, 2006 Opinion or Order Filing 133 ORDER APPROVING THE SALE of Real Estate in Celina, Texas by Judge Alicemarie H. Stotler: The Receiver is authorized to sell the Property to Forestar under the terms and conditions set forth in the Agreement of Purchase and Sale entered into between the Receiver and Forestar on 12/13/06. (SEE DOCUMENT FOR DETAILS)(esa, )
December 14, 2006 Filing 138 SUPPLEMENTAL REPORT detailing and requesting approval of overbid offer made to purchase real estate in Celina, Texas; Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. Lodged Order. (esa, )
December 13, 2006 Filing 139 PROOF OF SERVICE filed by receiver Thomas A Seaman, re Motion Related Document, 137 , was served on 12/8/6. (dmjr, )
December 7, 2006 Filing 137 (1) Final Report Detailing Results of the Proposed Sale of Real Estate in Celina Texas; (2) Motion for Order Approving Sale of Celina, Texas Property to Blue Star Investments, Inc; (3) Declaration of Thomas A Seaman; (4) Declaration of Michael Walters; (5) Declaration of Jan Whatley; (6) Declaration of Mark Beaty; and (7) Declaration of Mackenzie S Bottum re NOTICE for Order of Sale 136 ; filed by receiver Thomas A Seaman. (rla, )
December 7, 2006 Filing 136 NOTICE OF FINAL REPORT DETAILING THE RESULTS OF THE PROPOSED SALE OF REAL ESTATE IN CELINA, TEXAS; filed by Receiver Thomas A Seaman. Hearing set for 12/18/2006 at 10:00 AM before Judge Alicemarie H. Stotler. Lodged ORDER. (rla, )
December 1, 2006 Opinion or Order Filing 124 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler ORDERING Memorandum in support of motion for summary judgment; Certificate of Service; Notice of Motion for Summary Judgment; Motion for Summary Judgment; Exhibits 1-7 to Memorandum; Exhibits 8-25; Exhibits 26-49; Declaration of Thomas A Seaman; Proposed Judgment; and Proposed Statement of Uncontroverted Facts submitted by Plaintiff Securities and Exchange Commission received on 11/30/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(esa, )
November 28, 2006 Filing 132 EXHIBITS 26 - 49 to memorandum in support of plaintiff's MOTION for Summary Judgment against Lambert Vander Tuig 125 filed by receiver Thomas A Seaman. (esa, )
November 28, 2006 Filing 131 EXHIBITS 8 - 25 in support of MOTION for Summary Judgment against Lambert Vander Tuig 125 filed by receiver Thomas A Seaman. (esa, ) Modified on 12/13/2006 (esa, ).
November 28, 2006 Filing 130 EXHIBITS 1 -7 to memorandum in support of plaintiff's for motion for Summary Judgment against Lambert Vander Tuig 125 filed by receiver Thomas A Seaman. (esa, )
November 28, 2006 Filing 129 DECLARATION of Thomas A Seaman in support of plaintiff's MOTION for Summary Judgment 125 filed by receiver Thomas A Seaman. (esa, )
November 28, 2006 Filing 128 PROOF OF SERVICE filed by plaintiff Securities and Exchange Commission. Notice of Motion for Summary Judgment against Lambert Vander Tuig; Motion for Summary Judgment against defendant Lambert Vander Tuig; Memorandum; etc. were served on 11/27/06. (esa, )
November 28, 2006 Filing 127 MEMORANDUM in support of MOTION for Summary Judgment against Lambert Vander Tuig 125 filed by plaintiff Securities and Exchange Commission. (esa, )
November 28, 2006 Filing 126 NOTICE OF MOTION re MOTION for Summary Judgment against Lambert Vander Tuig 125 filed by plaintiff Securities and Exchange Commission. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
November 28, 2006 Filing 125 MOTION for Summary Judgment against defendant Lambert Vander Tuig filed by plaintiff Securities and Exchange Commission. (esa, )
November 28, 2006 Filing 123 PROOF OF SERVICE filed by receiver Thomas A Seaman. Notice of Third Interim Fee Applications; Sheppard Mullin Richter and Hampton LLP's Third Interim Fee Application; Receiver's Third Interim Fee Application; etc. were served on 11/28/06. (esa, )
November 28, 2006 Filing 122 NOTICE of Fee Applications of Thomas A Seaman; Sheppard Mullin Richter and Hampton; Coats Rose; and Hughes Luce filed by receiver Thomas A Seaman. (esa, )
November 28, 2006 Filing 121 Receiver's Third Interim Fee Application filed by receiver Thomas A Seaman. Application set for hearing on 1/8/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
November 28, 2006 Filing 120 Sheppard Mullin Richter and Hampton LLP's Third Interim APPLICATION for allowance of compensation and reimbursement of expenses for 8/1/06 through 10/31/06; Declaration of Alan H Martin; Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Application set for hearing on 1/8/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
November 28, 2006 Filing 119 Hughes and Luce LLP's First Interim Application for allowance of compensation and reimbursement of expenses from 9/26/06 through 11/7/06; Declaration of Dwight A Supe; Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
November 28, 2006 Filing 118 Coats Rose's Third Interim Application for allowance of compensation and reimbursment of expenses from 8/1/06 through 10/31/06; Declaration of Arthur Perkins; Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. Application set for hearing on 1/8/2007 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, ) Modified on 12/6/2006 (esa, ).
November 28, 2006 Opinion or Order Filing 116 ORDER by Judge Alicemarie H. Stotler: SUPPLEMENTAL ORDER Instructing the Receiver to Return the 11th Hour Payments Directly to the Specific Parties that Made the 11th Hour Payments. IT IS HEREBY ORDERED as follows: ( See order for details.) (rla, )
November 28, 2006 Opinion or Order Filing 115 ORDER by Judge Alicemarie H. Stotler GRANTING APPLICATION for Order for US Marshal Service Assistance 113 . (rla, )
November 20, 2006 Filing 112 DENIED BY ORDER OF Judge Alicemarie H. Stotler, United States District Judge, without prejudice: re: [PROPOSED] ORDER APPROVING the Sale of Real Estate in Orange County, California. (rla, ) Modified on 11/27/2006 (rla, ).
November 20, 2006 Filing 111 DENIED BY ORDER OF Alicemarie H. Stotler, United States District Judge, without prejudice re: [PROPOSED] ORDER APPROVING the Sale of Real Estate in Moore County, North Carolina. (rla, )
November 20, 2006 Filing 110 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler: Cause Called. Tentative Ruling provided prior to hearing, a copy of which shall be attached to the clerks minutes on this proceeding. No appearance by defendants. Court finds that substantial compliance with statute is required. Court DENIES receivers motions without prejudice.Court Reporter: Pamela Cotten. (rla, )
November 17, 2006 Filing 117 DECLARATION of Thomas A Seaman in connection with supplemental [proposed] order instructing the receiver to return the 11th hour payments directly to the specific parties that made the 11th hour payments filed by Receiver Thomas A Seaman. (esa, )
November 16, 2006 Filing 114 DECLARATION of MATTHEW A HIMES in Support of APPLICATION for Order for US Marshal Service Assistance 113 filed by plaintiff Securities and Exchange Commission. (rla, )
November 16, 2006 Filing 113 APPLICATION for Order for US Marshal Service Assistance filed by plaintiff Securities and Exchange Commission. Lodged ORDER. (rla, )
November 16, 2006 Opinion or Order Filing 108 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler: re LETTER FROM JOSEPH SPRINGER MD: IT IS HEREBY ORDERED: The document is to be filed and processed and served on all counsel for parties. The filing date is ORDERED to be the date the document was stamped RECEIVED BUT NOT FILED with the Clerk. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to LR 83-7. (rla, )
November 13, 2006 Filing 109 Letter from JOSEPH SPRINGER MD. (rla, )
October 27, 2006 Filing 107 NOTICE OF MOTION re MOTION for APPROVAL to Sell Real Estate in Orange County, California 106 ; filed by RECEIVER Thomas A Seaman. (rla, )
October 27, 2006 Filing 106 MOTION for APPROVAL to Sell Real Estate in Orange County, California; Declaration of Thomas A Seaman; and Declaration of David Myszko; filed by RECEIVER Thomas A Seaman. Motion set for hearing on 11/20/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (rla, )
October 27, 2006 Opinion or Order Filing 105 ORDER by Judge Alicemarie H. Stotler: Concerning Real Estate i Celina, Texas, Approving Form of Purchase and Sale Agreement, Approving Auction Sales Procedures and Setting a Final Hearing to Approve. (See document for further details. A final hearing is hereby scheduled for 12/18/06 at 10:00 a.m. in order to hear the Receivers final report seeking final approval to sell Celina Bridges.(rla, )
October 27, 2006 PLACED IN FILE - NOT USED re [PROPOSED] ORDER CONCERNING Real Estate in Celina, Texas, Approving For of Purchase and Sale Agreement, Approving Auction Sales Procedures and Setting a Final Hearing to Approve Sale submitted by Receiver Thomas A Seaman. (rla, )
October 20, 2006 Filing 104 NOTICE OF MOTION for approval to sell real estate in Moore County, North Carolina 103 filed by Receiver Thomas A Seaman. Motion set for hearing on 11/20/2006 at 10:00 AM before Judge Alicemarie H. Stotler. Lodged Order.(esa, )
October 20, 2006 Filing 103 MOTION for approval to sell real estate in Moore County, North Carolina; Declaration of Thomas A Seaman; Declaration of Martha Gentry; and Declaration of Ann Ballard filed by Receiver Thomas A Seaman. (esa, )
October 16, 2006 Filing 102 MINUTES OF Motion Hearing by Judge Alicemarie H. Stotler: Cause called. No appearance by defendants. Tentative ruling provided to counsel present, a copy of which shall be attached to the clerks minutes on these proceedings. Court orders new proposed order to be lodged reflecting the findings and orders of the Court with regard to the Receiver's Motion for Order Establishing Sales Procedures in Connection with Proposed Sale of Real Property; and the Court schedules a Final Hearing to approve sale of real property: Motion set for hearing on 12/18/2006 at 10:00 AM before Judge Alicemarie H. Stotler. Receivers motion requesting Court direction 84 is Granted, proposed order to issue forthwith; and Court orders a supplemental proposed order to be lodged with regard to this motion as specified, for the Courts consideration. Court Grants the second Interim Fee Application, proposed order to issue forthwith.Court Reporter: Deborah Parker. (rla, )
October 16, 2006 PLACED IN FILE - NOT USED re Proposed order instructing the receiver to retain the 11th hour payments in the receivership estate submitted by Receiver Thomas A Seaman. (csb, )
October 16, 2006 Opinion or Order Filing 101 ORDER by Judge Alicemarie H. Stotler: IT IS HEREBY ORDERED as follows: The Receiver is authorized and instructed to return the 11th Hour Payments to the specific parties that made the 11th Hour Payments to The Carolina Development Company, Inc.(rla, )
October 16, 2006 Opinion or Order Filing 100 ORDER by Judge Alicemarie H. Stotler: APPROVING SECOND INTERIM FEE Application 74 of the Receiver, sheppard Mullin and Coats Rose: Therefore, IT IS HEREBY ORDERED as follows: 1) The Receiver is entitled to compensation for services provided in the amount of $144,603.00; 2) SMR and H is entitled to compensation for services provided in the amount of $206,981.00; 3) SMR and H is entitled to reimbursement for costs incurred in the amount of $7,868.00; 4) Coats Rose is entitled to compensation for services provided in the amount $15,487.00; 5) Coats Rose is entitled to reimbursement for costs inucrred in the amoount of $665.00; 6) the Receiver, Thomas A Seaman, is authorized and ordered to pay himself, SMR and H and Coats Rose the above amounts on or before 10/27/06.(rla, )
October 11, 2006 Filing 99 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman. Notice of second interim fee applications of Thomas A Seaman, Sheppard Mullin Richter and Hampton, and Coats Rose was served on 8/19/06. (esa, )
October 11, 2006 Filing 98 DECLARATION OF SERVICE filed by Receiver Thomas A Seaman. SECOND AMENDED NOTICE OF: (1) Second interim fee application; Motion requesting Court direction; (3) Motion for order establishing sales procedures were served on 9/28/06. (esa, )
October 11, 2006 Opinion or Order Filing 92 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler: IT IS HEREBY ORDERED; The document is to be filed and processed. The filing date is ORDERED to be the date the document was stamped RECEIVED BUT NOT FILED with the Clerk. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to LR 83-7. Serve on all counsel.(rla, )
October 10, 2006 Filing 95 Letter from Joseph Springer MD with post-it and attachment. (rla, )
October 10, 2006 Opinion or Order Filing 94 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: On 10/3/06, the Court received a letter with post-it and attachment from Joseph Springer, MD, regarding the above-entitled matter. The Court orders the Clerk to file the letter. The Clerk shall serve a copy of this minute order and a copy of the letter and attachemnt on counsel for all parties in this action. (rla, )
October 10, 2006 Filing 93 Letter from Joseph Springer, MD. (rla, )
October 6, 2006 Filing 97 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman. Amended Notice of Second Interim Fee Applications of Thomas A Seaman, Sheppard Mullin Richter and Hampton, and Coats Rose was served on 9/14/06. (esa, )
October 5, 2006 Filing 96 NOTICE of Change of Address by Matthew R Rutherford attorney for Defendant Jonathan Carman, changing address to 110 West C Street, Suite 2000. Filed by defendant Jonathan Carman (esa, )
October 4, 2006 Opinion or Order Filing 87 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: ORDER that LETTER to Court Shall be filed and served on all Counsel of Record: On 9/29/06, the Court received a letter and attachment from Heather and Jeff Novinger regarding the above-entitled matter. The Court orders the Clerk to file the letter. The Clerk shall serve a copy of this minute order and a copy of the letter and attachment on counsel for all parties in this action. RE: Letter #86 . Court Reporter: Not Present. (rla, )
October 4, 2006 Filing 86 Letter from Heather and Jeff Novinger. (rla, )
September 29, 2006 Filing 91 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman. Notice of Motion requesting Court direction concerning treatment of payments made by investors to the Carolina Development Company Inc, just prior to the appointment of the receiver was served on 9/23/06. (esa, )
September 29, 2006 Filing 90 DECLARATION OF PROOF OF SERVICE filed by Receiver Thomas A Seaman. Notice of Motion for order establishing sales procedures in connection with proposed sale of real property located in Celina, Texas was served on 9/23/06. (esa, )
September 28, 2006 Filing 89 MEMORANDUM in support of Recieiver's Second Fee Application 81 filed by plaintiff Securities and Exchange Commission. (esa, )
September 28, 2006 Filing 88 SECOND AMENDED NOTICE of (1) Interim fee applications (2) Motion requesting court directions (3) Motion for order establishing sales procedures filed by Receiver Thomas A Seaman. (esa, )
September 27, 2006 Opinion or Order Filing 80 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: 1) CONTINUING HEARING on Second Interim Fee Applications of Thomas A Seaman, Shepard Mullin Richter and Hampton, and Coats Rose from 10/2/06 to 10/16/2006 at 11:00 AM before Judge Alicemarie H. Stotler. 2) CONTINUING HEARING on (1) Receivers Motion Requesting Court direction concerning Treatment of Payments Made by Investors to the Carolina Development Company, Inc, just prior to the Appointment of the Receiver; and (2) Receivers Motion for Order Establishing Sales Procedures in connection with Proposd Sale of Real Property Located in Celina, Texas and Setting Date to Confirm sale. On the Courts own motion the hearing is continued from 10/16/06 at 10:00 a.m. to 10/16/06 at 11:00 a.m.Court Reporter: Not Present. (rla, )
September 22, 2006 Filing 85 NOTICE OF MOTION requesting court direction concerning treatment of payments made by investors to the Carolina Development Company, Inc. just prior to the appointment of the receiver 84 filed by Receiver Thomas A Seaman. Motion set for hearing on 10/16/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
September 22, 2006 Filing 84 MOTION requesting court direction concerning treatment of payments made by investors to the Carolina Development Company, Inc. just prior to the appointment of the receiver; Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. Lodged Order. (esa, )
September 22, 2006 Filing 83 NOTICE OF MOTION for Order establishing sales procedures in connection with proposed sale of real property located in Celina, Texas 82 filed by Receiver Thomas A Seaman. (esa, )
September 22, 2006 Filing 82 MOTION for Order establishing sales procedures in connection with proposed sale of real property located in Celina, Texas and setting date to confirm sale; Declaration of Thomas A Seaman filed by Receiver Thomas A Seaman. Motion set for hearing on 10/16/2006 at 10:00 AM before Judge Alicemarie H. Stotler. Lodged order. (esa, ) Modified on 9/27/2006 (esa, ).
September 20, 2006 Filing 79 Letter from (signature undecipherable) dated 9/3/06. This letter filed pursuant to minute order #78 . (rla, )
September 20, 2006 Opinion or Order Filing 78 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: On 9/3/06, the Court received a letter from Objector. The Court orders the Clerk to file the Objectors letter. The Clerk is directed to serve a copy of this minute order and a copy of the letter on all counsel of record.Court Reporter: Not Present. (rla, )
September 11, 2006 Filing 77 Amended Notice of Second Interim Fee Applications of Thomas A Seaman, Shepard Mullin Richter and Hampton, and Coats Rose; filed by Receiver Thomas A Seaman. (rla, )
August 28, 2006 Opinion or Order Filing 75 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler APPROVING the document is to be filed and processed. The filing date is ORDERED to be the date the document was stamped "received" with the Clerk. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to LR 83-7 and serve on all counsel.(rla, )
August 22, 2006 Filing 76 CORRESPONDENCE TO CHIEF JUDGE from (signature undecipherable), stockholder; related to Notice of Document Discrepancies - Granting #75 . (rla, )
August 22, 2006 Opinion or Order Filing 70 MINUTES OF (IN CHAMBERS) ORDER by Judge Alicemarie H. Stotler: Continuing Hearing on Second Interim Fee Applications. On the Courts own motion the Hearing on Second Interim Fee Applications of Thomas A Seaman, Sheppard Mullin Richter and Hampton, and Coats Rose is ordered continued from 9/11/06 at 10:00 AM to 10/2/06 at 2:30 PM. The Clerk shall served this Minute Order on all counsel in this action.Court Reporter: None. (rla, ) Modified on 9/15/2006 (rla, ).
August 17, 2006 Filing 81 RECEIVER'S SECOND INTERIM FEE APPLICATION filed by Receiver Thomas A Seaman. (esa, )
August 17, 2006 Filing 74 NOTICE OF SECOND INTERIM FEE APPLICATIONS of Thomas A. Seaman, Sheppard Mullin Richter and Hampton, and Coats Rose 72 73 filed by receiver Thomas A Seaman. (esa, )
August 17, 2006 Filing 73 APPLICATION for for allowance of compensation and reimbursement of expenses from 5/1/06 through 7/31/06; Declaration of Arthur Val Perkins; and Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Application set for hearing on 9/11/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
August 17, 2006 Filing 72 APPLICATION for allowance of compensation and reimbursement of expenses for 5/1/06 through 7/31/06; Declaration of Alan H Martin; and Declaration of Thomas A Seaman filed by receiver Thomas A Seaman. Application set for hearing on 9/11/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
August 16, 2006 Filing 71 RECEIVER'S FIRST SIX MONTH ACCOUNTING REPORT filed by Receiver Thomas A Seaman. (esa, )
August 2, 2006 Opinion or Order Filing 69 STIPULATION Re Turnover of Frozen Funds AND ORDER by Judge Alicemarie H. Stotler: Bank of America is hereby Ordered to close Frozen Accounts and release funds, totaling approximately $318,000, to Receiver; IT IS SO ORDERED;(ln, )
June 13, 2006 Opinion or Order Filing 67 ORDER by Judge Alicemarie H. Stotler for Jury Trial Setting Dates for: Discovery Cutoff 01/13/07; Final Pretrial Conference set for 4/23/2007 02:00 PM; Jury Trial set for 5/8/2007 09:00 AM; II Order for Preparation for Jury Trial and Jury Instructions and Setting Exhibit Conference Friday before Trial; III Order Governing Attorney and Party Conduct at Trial(see document for details); a special conference regarding trial exhibits and other trial matters, which requires the attendance of trial counsel, will be held on the FRIDAY BEFORE THE SCHEDULED TRIAL DATE AT 3:00PM IN COURTROOM 10A, UNLESS THE COURT OTHERWISE ORDERS; Clerk is Ordered to serve copy of this Order on counsel/parties(ln, )
June 12, 2006 Filing 68 MINUTES OF Motion Hearing held before Judge Alicemarie H. Stotler :, RE: APPLICATION for Attorney Fees 51 , APPLICATION for Disbursement of Funds 52 , APPLICATION for Attorney Fees 53 , APPLICATION for Attorney Fees 50 . Gary Rollason's request for continuance is denied. Tentative ruling provided to counsel prior to hearing, a copy of which shall be attached to the Clerk's minutes. (See document for details)Court Reporter: Deborah Parker. (esa, )
June 12, 2006 Filing 66 MINUTES OF IN CHAMBERS ORDER held before Judge Alicemarie H. Stotler: Court hereby schedules case management dates: Discovery cut-off 1/13/2007. Plaintiffs expert disclosures 11/17/06; Defendants expert disclosures 11/17/06; Expert rebuttal 12/01/06; Expert Discovery Cutoff 01/13/07; Motions due by 2/9/2007. Final Pretrial Conference set for 4/23/2007 02:00 PM; Jury Trial set for 5/8/2007 09:00 AM; trial time estimate (by parties) 6 days; Courts Scheduling Order filed herewith(see Order for details); Court approves Settlement Procedure No 1 for parties before assigned magistrate judge;Court Reporter: not present. (ln, )
June 12, 2006 Opinion or Order Filing 65 ORDER by Judge Alicemarie H. Stotler Approving Sheppard Mullin Richter and Hampton LLPs (SMRandH) First Interim Fee APPLICATION 50 ; 1) SMRandH is entitled to compensation for services provided of $126,417; 2) SMRandH is entitled to reimbursement for costs incurred of $14,576; 3) Receiver is authorized and Ordered to pay SMRandH the above amounts on or before 06/30/06; (ln, ) Modified on 6/13/2006 (ln, ).
June 12, 2006 Opinion or Order Filing 64 ORDER by Judge Alicemarie H. Stotler Approving Mack Barclays First Interim Fee APPLICATION 52 ; 1) Mack Barclay is entitled to compensation for services provided of $51,042; 2) Coats Rose is entitled to reimbursement for costs incurred of $4,899; 3) Receiver is authorized and Ordered to pay Mack Barclay the above amounts on or before 06/30/06; (ln, )
June 12, 2006 Opinion or Order Filing 63 ORDER by Judge Alicemarie H. Stotler Approving Receivers First Interim Fee APPLICATION 51 ; 1) Receiver is entitled to compensation for services provided of $122,426; 2) Receiver is authorized and Ordered to pay himself the above amount from the receivership estate on or before 06/30/06;(ln, )
June 12, 2006 Opinion or Order Filing 62 ORDER by Judge Alicemarie H. Stotler Approving Coats Roses First Interim Fee APPLICATION 53 ; 1) Coats Rose is entitled to compensation for services provided of $35,093; 2) Coats Rose is entitled to reimbursement for costs incurred of $757; 3) Receiver is authorized and Ordered to pay Coats Rose the above amounts on or before 06/30/06; (ln, )
June 12, 2006 Opinion or Order Filing 60 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler: ORDERING Joseph Springers Letter addressed to the Judge submitted by Joseph Springer received on 06/08/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ln, )
June 9, 2006 Opinion or Order Filing 59 Substitution of Attorney and ORDER by Judge Alicemarie H. Stotler: Substituting attorney Matthew R Rutherford for Jonathan Carman in place and stead of attorney Irving M Einhorn; IT IS SO ORDERED;(ln, )
June 9, 2006 FAX number for Attorney Matthew R Rutherford is 619-337-2469. (ln, )
June 8, 2006 Filing 61 Letter to the Judge from Joseph Springer (ln, )
June 5, 2006 Filing 58 DECLARATION OF SERVICE filed by Receiver Thomas A Seaman. Notice of First Interim Fee Applications of Thomas A. Seaman, Sheppard Mullin Richter and Hampton, Coats Rose and Mack Barclay Inc. was served on 5/19/06. (esa, )
June 5, 2006 Filing 57 REPLY in support of the Fee Applications of the Receiver and his professionals for allowance of compensation and reimbursement of expenses for February 16, 2006 through April 30, 2006 51 50 ; Declaraion of Thomas A. Seaman filed by Receiver Thomas A Seaman. (esa, )
June 5, 2006 Filing 56 MEMORANDUM in Support of Receiver's First Fee APPLICATION 51 filed by plaintiff Securities and Exchange Commission. (esa, )
May 26, 2006 Filing 55 OBJECTIONS OF THE UNOFFICIAL, INFORMAL COMMITTEE OF INVESTORS OF THE CAROLINA DEVELOPMENT COMPANY TO FEE APPLICATIONS SUBMITTED BY RECEIVER AND HIS PROFESSIONALS 50 , 51 , 52 , 53 , filed by defendant The Carolina Development Company Inc. Declaration of James C Bastian, Jr in support thereof. (mu, )
May 19, 2006 Filing 54 NOTICE OF FIRST INTERIM FEE APPLICATIONS of Thomas A. Seaman; Sheppard Mullin Richter and Hampton; Coats Rose; and Mack Barclay Inc. filed by Receiver Thomas A Seaman. (esa, )
May 19, 2006 Filing 53 COATS ROSE'S FIRST INTERIM APPLICATION for Allowance of Compensation and Reimbursement of Expenses from November 10, 2005 through April 30, 2006; Declaration of Arthur Val Perkins; and Declaration of of Thomas A. Seaman filed by Receiver Thomas A Seaman. Application set for hearing on 6/12/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
May 19, 2006 Filing 52 FIRST INTERIM APPLICATION of Mack Barclay Inc., Forensic Computer Consultants to the Receiver, for payment of Fess and Expenses filed by Receiver Thomas A Seaman. Application set for hearing on 6/12/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
May 19, 2006 Filing 51 RECEIVER'S FIRST FEE APPLICATION filed by Receiver Thomas A Seaman. Application set for hearing on 6/12/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
May 19, 2006 Filing 50 FIRST INTERIM APPLICATION for Allowance and Compensation and Reimbursement of Expenses fo February 16,2006 through April 30, 2006; Declaration of Alan H. Martin; Declaration of Thomas Seaman filed by Receiver Thomas A Seaman. Application set for hearing on 6/12/2006 at 10:00 AM before Judge Alicemarie H. Stotler. (esa, )
May 19, 2006 Filing 46 JOINT STATUS REPORT pursuant to Rule 26(f) of the FRCP filed; estimated length of trial 6 days. (mu, )
May 15, 2006 Opinion or Order Filing 49 ORDER by Chief Judge Alicemarie H. Stotler: The Court hereby ORDERS the Application to Appear Pro Hac Vice by Attorney Brandon F White on behalf of non party Mark Sostak, designating Douglas W Lytle as local counsel 47 be GRANTED. (mu, )
May 2, 2006 Filing 48 PROOF OF SERVICE filed by non party Mark Sostak, re Application for Non-Resident Attorney to Appear in Specific Case (Brandon F White) 47 , was served on 5/1/06. (mu, )
April 28, 2006 Filing 47 APPLICATION for attorney Brandon F White to Appear Pro Hac Vice filed by non party Mark Sostak. FEE PAID. Lodged Order. (mu, )
April 7, 2006 Filing 45 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 2/27/06; Court Reporter: Deborah Parker (esa, )
April 7, 2006 Filing 44 REPORTER'S TRANSCRIPT filed for proceedings held on 2/27/06. Court Reporter: Deborah Parker. (esa, )
April 7, 2006 Opinion or Order Filing 43 ORDER by Chief Judge Alicemarie H. Stotler: NOTE CHANGES MADE BY THE COURT. There is good cause to grant the relief as outlines in the Application 39 . IT IS ORDERED that, pending the determination of the Commission's action on the merits, Thomas Seaman is appointed Receiver of the following entities: Mid-Tex Survey, Inc, Component Forging Manufacturing, Inc, Newport Earth Developers, Inc, JDC Development, Inc, and DC Property Investment, LLC. IT IS FURTHER ORDERED that this Order shall remain in effect and shall supplement all prior Orders of this Court until further Order of this Court. The Court shall retain jurisdiction of this matter for all purposes. (see document for further details) (mu, )
April 5, 2006 Filing 42 FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF PRELIMINARY INJUNCTION by Chief Judge Alicemarie H. Stotler: NOTE CHANGES MADE BY THE COURT. The Court makes the following preliminary findings of fact: The relief granted by the preliminary injunction order dated 2/27/06 22 is appropriate and necessary for the protection of the public interest. Every finding of fact contained in the foregoing conclusions of law shall be deemed a finding of fact as if set forth as a finding of fact. (see document for further details)(mu, )
March 30, 2006 Filing 41 DECLARATION of Thomas A Seaman filed by Receiver Thomas A Seaman. (mu, )
March 30, 2006 Filing 40 MEMORANDUM in Support of Application for expansion of the scope of the Receivership and other relief 39 filed by plaintiff Securities and Exchange Commission. (mu, )
March 30, 2006 Filing 39 APPLICATION for Order expanding and clarifying the scope of the existing Receivership for The Carolina Development Company filed by plaintiff Securities and Exchange Commission. Lodged Order. (mu, )
March 23, 2006 Filing 38 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendant Lambert Vander Tuig 36 . The Clerk cannot enter the requested relief as the name of the party with whom the default is sought is not identical to the name on the Complaint and/or Proof of Service. (mu, )
March 16, 2006 Filing 35 ANSWER to Complaint 1 with JURY DEMAND filed by defendant Lambert Vander Tuig.(mu, )
March 15, 2006 Filing 37 DECLARATION of Karen L Martinez in support of Request for Clerk to Enter Default against defendant Lambert Vander Tuig 36 filed by plaintiff Securities and Exchange Commission. (mu, )
March 15, 2006 Filing 36 REQUEST for Clerk to Enter Default against defendant Lambert Vander Tuig filed by plaintiff Securities and Exchange Commission. (mu, )
March 14, 2006 Filing 34 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Lambert Vander Tuig. (mu, )
March 14, 2006 Opinion or Order Filing 32 ORDER by Chief Judge Alicemarie H. Stotler: The Court hereby ORDERS the Application to Appear Pro Hac Vice by Attorney Ira Lee Sorkin on behalf of defendant Lambert Vander Tuig, designating Steven M Goldsobel as local counsel 29 be GRANTED. (mu, )
March 14, 2006 Opinion or Order Filing 31 ORDER by Chief Judge Alicemarie H. Stotler: The Court hereby ORDERS the Application to Appear Pro Hac Vice by Attorney Daniel J Horwitz on behalf of defendant Lambert VAnder Tuig, designating Steven M Goldsobel as local counsel 28 be GRANTED. (mu, ) Modified on 3/15/2006 (mu, ).
March 14, 2006 Opinion or Order Filing 30 ORDER by Chief Judge Alicemarie H. Stotler: The Court hereby ORDERS the Application to Appear Pro Hac Vice by Attorney Nicole Pappas Wrobleski on behalf of defendant Lambert Vander Tuig, designating Steven M Goldsobel as local counsel 27 be GRANTED. (mu, ) Modified on 3/15/2006 (mu, ).
March 14, 2006 Filing 29 APPLICATION for attorney Ira Lee Sorkin to Appear Pro Hac Vice filed by defendant Lambert Vander Tuig. FEE PAID. Lodged Order. (mu, )
March 14, 2006 Filing 28 APPLICATION for attorney Daniel J Horwitz to Appear Pro Hac Vice filed by defendant Lambert Vander Tuig. FEE PAID. Lodged Order. (mu, )
March 14, 2006 Filing 27 APPLICATION for attorney Nicole Pappas Wrobleski to Appear Pro Hac Vice filed by defendant Lambert Vander Tuig. FEE PAID. Lodged Order. (mu, )
March 14, 2006 FAX number for Attorney Ira Lee Sorkin is 212-997-9880. (mu, )
March 14, 2006 FAX number for Attorney Daniel J Horwitz is 212-997-9880. (mu, )
March 14, 2006 FAX number for Attorney Nicole Pappas Wrobleski is 212-997-9880. (mu, )
March 14, 2006 FAX number for Attorney Steven M Goldsobel is 310-552-9291. (mu, )
March 13, 2006 Filing 33 ANSWER to Complaint - (Discovery) 1 filed by defendant Jonathan Carman.(mu, )
March 9, 2006 Opinion or Order Filing 26 ORDER by Chief Judge Alicemarie H. Stotler: the documents listed below were improperly filed for the following reasons: Local Rule 11-3.1.1 - font too small; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Answer of Defendant Jonathan Carman 23 .(mu, )
March 8, 2006 Opinion or Order Filing 25 ORDER by Chief Judge Alicemarie H. Stotler: IT IS ORDERED that all parties and counsel shall meet their obligations to disclose information, confer on a discovery plan, and file a report to the Court, as required by FRCP 26(f) no later than 5/22/2006. Failure to comply with this Order may result in the imposition of sanctions. (see document for further details) (mu, )
March 8, 2006 Filing 24 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Jonathan Carman. (mu, )
March 8, 2006 Filing 23 ANSWER to Complaint - (Discovery) 1 filed by defendant Jonathan Carman.(mu, )
March 8, 2006 FAX number for Attorney Irving M Einhorn is 310-798-5910. (mu, )
March 1, 2006 Filing 20 MEMORANDUM in Support of Application for Preliminary Injunction and Other Relief #19 filed by plaintiff Securities and Exchange Commission. (mu, )
February 27, 2006 Filing 22 MINUTES OF Show Cause Hearing held before Cheif Judge Alicemarie H. Stotler: The Court grants plaintiff's request for preliminary injunction and other equitable relief, as stated on the official record of this Court. Preliminary Injunction Order will be issued. No bond is required. Plaintiff shall prepare, serve on each defendant, and lodge with the Court forthwith a separate proposed Findings of Fact and Conclusions of Law consistent with the Court's order. (see document for further details) Court Reporter: Deborah Parker. (mu, )
February 27, 2006 Filing 21 DECLARATION of Thomas A Seaman filed by Receiver Thomas A Seaman. (mu, )
February 27, 2006 Filing 19 PRELIMINARY INJUNCTION by Judge Alicemarie H. Stotler: NOTE CHANGES MADE BY THE COURT. IT IS THEREFORE HEREBY ORDERED, ADJUDGED AND DECREED that Defendants and their respective officers, be restrained and preliminarily enjoined from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order shall remain in full force and effect until final judgment is entered in this action or until further order of the Court. (see document for further details) (mu, )
February 27, 2006 FAX number for Attorneys Norma V Garcia-Guillen, Alan H Martin is 714-513-5130. (mu, )
February 24, 2006 Filing 15 DENIED BY ORDER OF Judge Alicemarie H. Stotler: Request for Leave to File Over Length Memorandum in Support of Plaintiffs Ex Parte Application for an Temporary Restraining Order and Other Relief; lodged 02/22/06(ln, )
February 24, 2006 PLACED IN FILE - NOT USED re Memorandum in Support of Request for Leave to File Over Length Memorandum in Support of Plaintiffs Ex Parte Application for a Temporary Restraining Order and Other Relief submitted by Plaintiff Securities and Exchange Commission; lodged 02/23/06 (ln, )
February 23, 2006 Filing 17 PROOF OF SERVICE filed by plaintiff Securities and Exchange Commission. Plaintiffs' Initial Disclosures was served on 2/22/06. (esa, )
February 17, 2006 Filing 18 PROOF OF SERVICE Executed by plaintiff Securities and Exchange Commission, upon Lambert Vander Tuig served on 2/16/2006, answer due 3/8/2006. The Summons and Complaint were served by personal service, by State statute, upon Lambert Vander Tuig (aka Lambert Vander Tag, aka Dean L Vander Tag, aka Dean L Vandertag). Due Dilligence declaration not attached. Original Summons not returned. (mu, ) Modified on 3/23/2006 (mu, ). (lwag).
February 17, 2006 Filing 16 PROOF OF SERVICE Executed by plaintiff Securities and Exchange Commission, upon The Carolina Development Company Inc, aka The Carolina Company at Pinehurst, Inc served on 2/16/2006, answer due 3/8/2006. The Summons and Complaint were served by personal service, by State statute, upon Lambert Vander Tuig/Authorized Agent to Accept Service of Process. Due Dilligence declaration not attached. Original Summons not returned. (mu, )
February 17, 2006 Filing 14 PROOF OF SERVICE Executed by plaintiff Securities and Exchange Commission, upon Jonathan Carman served on 2/16/2006, answer due 3/8/2006. The Summons and Complaint were served by personal service, by State statute, upon Gary Wykidal/Person Authorized To Accept Service Of Process. Due Dilligence declaration not attached. Original Summons not returned. (mu, ) (lwag).
February 16, 2006 Opinion or Order Filing 13 ORDER by Chief Judge Alicemarie H. Stotler: IT IS HEREBY ORDERED that Thomas A Seaman be appointed Receiver of the Defendant Carolina Company and all subsidiaries and affiliated entities. IT IS FURTHER ORDERED that this Order shall remain in effect and shall supplement all prior Orders of this Court until further Order of this Court. The Court shall retain jurisdiction of this matter for all purposes. (see document for further details) (mu, )
February 16, 2006 Opinion or Order Filing 12 ORDER by Chief Judge Alicemarie H. Stotler: IT IS HEREBY ORDERED that, pending final adjudication of this matter, Defendants hold and retain within their control, and otherwise prevent any withdrawal, transfer, pledge, encumbrance, assignment, dissipation, concealment, or other disposal of any assets, funds, or other properties of Defendants currently held by them or under their control without further order from this Court. IT IS FURTHER ORDERED that this Order shall remain in effect until entry of Final Judgment in, or other final disposition of, this action. IT IS HEREBY FURTHER ORDERED that the Court shall retain jurisdiction of this matter for all purposes. (see document for further details) (mu, )
February 16, 2006 Opinion or Order Filing 11 TEMPORARY RESTRAINING ORDER by Cheif Judge Alicemarie H. Stotler: IT IS HEREBY ORDERED THAT the Commission's Ex Parte Motion for a Temporary Restraining Order and Other Relief 4 is granted. IT IS HEREBY FURTHER ORDERED THAT defendants, and each of them, appear before this Court at 3:00 pm. on the 27th day of February, to show cause why this Court should not enter a Preliminary Injunction and order preliminary relief against the defendant and extending the temporary relief granted in this Order until a final adjudication on the merits may be had. Pending the ordered preliminary injunction hearing, the Court hereby orders expedited discovery as detailed below: a. The parties will exchange initial disclosures on or before 2/23/06. This Court shall retain jurisdiction over this action for the purpose of implementing and carrying out the terms of all orders and decrees which may be entered herein and to entertain any suitable application or motion for additional relief within the jurisdiction of this Court. (see document for further details) (mu, )
February 16, 2006 Filing 10 MEMORANDUM in Support of Plaintiffs EX PARTE APPLICATION for Temporary Restraining Order 4 filed by Plaintiff Securities and Exchange Commission. (ln, )
February 16, 2006 Opinion or Order Filing 9 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Alicemarie H. Stotler: ORDERING Memorandum in Support of Plaintiffs Ex Parte Application for a Temporary Restraining Order and Other Relief submitted by Plaintiff Securities and Exchange Commission received on 02/16/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ln, )
February 16, 2006 Opinion or Order Filing 8 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Karen L Martinez as counsel for Plaintiff Securities and Exchange Commission, designating Karen Matteson as local counsel. Fee (not specified paid or not paid). Approved by Chief Judge Alicemarie H. Stotler.(mu, )
February 16, 2006 Opinion or Order Filing 7 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Cheryl M Mori as counsel for Plaintiff Securities and Exchange Commission, designating Karen Matteson as local counsel. No Fee. Approved by Chief Judge Alicemarie H. Stotler.(mu, )
February 16, 2006 Opinion or Order Filing 6 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Thomas M Melton as counsel for Plaintiff Securities and Exchange Commission, designating Karen Matteson as local counsel. Fee (not specified if paid or not paid). Approved by Chief Judge Alicemarie H. Stotler.(mu, )
February 16, 2006 Filing 5 DECLARATION of Scott R Frost filed by Plaintiff Securities and Exchange Commission. (ln, )
February 16, 2006 Filing 4 EX PARTE APPLICATION for Temporary Restraining Order and Other Relief; filed by Plaintiff Securities and Exchange Commission. Lodged L/O. (ln, )
February 16, 2006 Filing 3 RECOMMENDATION that Thomas A Seaman be Appointed as Receiver filed by Plaintiff Securities and Exchange Commission. (ln, )
February 16, 2006 Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Securities and Exchange Commission. (ln, )
February 16, 2006 Filing 1 COMPLAINT against Defendants The Carolina Development Company Inc, Jonathan Carman, Lambert Vander Tuig. (Filing fee waived); filed by Plaintiff Securities and Exchange Commission.(ln, )
February 16, 2006 20 Day Summons Issued re Complaint - (Discovery) 1 as to The Carolina Development Company Inc, Jonathan Carman, Lambert Vander Tuig. (ln, )
February 16, 2006 FAX number for Attorney Karen L Matteson is 323-956-3908. (ln, )
February 16, 2006 FAX number for Attorneys Karen L Martinez, Thomas M Melton, Cheryl M Mori is 801-524-5262. (ln, )

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Search for this case: Securities and Exchange Commission v. Lambert Vander Tuig et al
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Defendant: Lambert Vander Tuig
Represented By: Daniel James Horwitz
Represented By: Nicole Pappas Wrobleski
Represented By: Steven M Goldsobel
Represented By: Ira Lee Sorkin
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Defendant: The Carolina Development Company Inc
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Defendant: Lambert Vander Tag
Represented By: Daniel James Horwitz
Represented By: Nicole Pappas Wrobleski
Represented By: Steven M Goldsobel
Represented By: Ira Lee Sorkin
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Defendant: Dean L Vandertag
Represented By: Daniel James Horwitz
Represented By: Nicole Pappas Wrobleski
Represented By: Steven M Goldsobel
Represented By: Ira Lee Sorkin
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Defendant: Schools First Federal Credit Union
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Defendant: Dean L Vander Tag
Represented By: Daniel James Horwitz
Represented By: Nicole Pappas Wrobleski
Represented By: Steven M Goldsobel
Represented By: Ira Lee Sorkin
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Defendant: Jonathan Carman
Represented By: Irving M Einhorn
Represented By: Matthew R Rutherford
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Defendant: The Carolina Company at Pinehurst Inc
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Claimant: Sonja Stave
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Claimant: Astor Stave
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Interested party: Jess Larsen
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Interested party: C Everett Enterprises Inc
Represented By: Kenneth M Miller
Represented By: Thomas H Bienert, Jr
Represented By: Susann K Narholm
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Interested party: Elizabeth Quiroz
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Interested party: Charles E Lyster
Represented By: Kenneth M Miller
Represented By: Thomas H Bienert, Jr
Represented By: Susann K Narholm
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Interested party: Nick Larsen
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Interested party: Ken Iles
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Interested party: Jill Kraus
Represented By: William J Wall
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Interested party: Soren Svendsen
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Petitioner: C Dillow & Company
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Petitioner: Harold O'laughlin
Represented By: James G Bohm
Represented By: Abel Eric Aguilera
Represented By: James Phi Dao Lam
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Petitioner: Karen Good Assignee of Record doing business as JEB
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Petitioner: Daniel C Mack
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Receiver: Thomas A Seaman
Represented By: Norma V. Garcia
Represented By: Michael A Wallin
Represented By: Matthew Benjamin Holbrook
Represented By: Karen L Martinez
Represented By: Alan H Martin
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Not classified by court: MD Joseph Springer
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Not classified by court: Kirk Porter
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Not classified by court: Scott Yard
Represented By: David Conolly Grant
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Plaintiff: Securities and Exchange Commission
Represented By: Cheryl M Mori
Represented By: Norma V. Garcia
Represented By: Amy J. Longo
Represented By: Karen L Matteson
Represented By: Karen L Martinez
Represented By: Thomas M Melton
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