BLX Capital LLC v. ZNM Holdings Inc et al
HSBC as Trustee |
Wash & Go Car Wash & Detail Center, LLC, Sikder Incorporated, M Sikder Holdings Inc, U S Small Business Administration, ZMS Inc, Dipu Haque, ZNM Holdings Inc, Does 1 through 20, inclusive and Grady Hanshaw |
8:2009cv01000 |
September 1, 2009 |
US District Court for the Central District of California |
Southern Division - Santa Ana Office |
Orange |
Marc L Goldman |
James V Selna |
Real Property: Foreclosure |
28 U.S.C. § 1442 |
None |
Docket Report
This docket was last retrieved on May 27, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 127 WRIT of Execution Returned (lwag) |
Filing 126 MINUTES OF (In Court) Judgment Debtor Examination held before Magistrate Judge Marc L. Goldman: Case called. No appearances are made. The Judgment Debtor Examination is dismissed. Court Recorder: CS 10/2/12. (mt) |
Filing 125 PROOF OF SERVICE filed by Plaintiff HSBC as Trustee, re Order on Application for Judgment Debtor Exam #124 served on August 15, 2012. (Briseno, Robert) |
Filing 124 ORDER by Magistrate Judge Marc L. Goldman: granting #123 Application for Judgment Debtor Exam and setting the Exam for 10/2/2012 10:00 AM before Magistrate Judge Marc L. Goldman in Courtroom 6A. (ts) |
Filing 123 APPLICATION for Judgment Debtor Exam as to Dipu Haque filed by Plaintiff HSBC as Trustee. (Attachments: #1 Proposed Order)(Briseno, Robert) |
Filing 122 PROCESS RECEIPT AND RETURN (USM-285) writ of execution returned executed upon ZMS Inc on no date. Remarks: mailed 9/14/11. (twdb) |
Filing 121 PROCESS RECEIPT AND RETURN (USM-285) writ of execution returned executed upon ZNM Holdings Inc on no date. Remarks: mailed on 9/14/11. (twdb) |
Filing 120 PROOF OF SERVICE filed by Plaintiff HSBC as Trustee, of writ of execution, notice of levy upon ZMS Inc - Dipu Haque President served on 9/14/11. (twdb) |
Filing 119 proof OF SERVICE filed by plaintiff HSBC as Trustee, writ of execution, notice of levy upon ZNM Holdings, Inc Dipu Haque, President served on 9/14/11. (twdb) |
Filing 118 PROCESS RECEIPT AND RETURN (USM-285) writ of execution served on occupant on 9/14/11. (twdb) |
Filing 117 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, writ of execution, notice of levy upon Occupant Edgar Torres, Manager served on 9/14/11. (twdb) |
Filing 116 PROCESS RECEIPT AND RETURN (USM-285) writ of execution returned executed upon Grady Hanshaw, Dipu Haque, M Sikder Holdings Inc, Sikder Incorporated, U S Small Business Administration, Wash & Go Car Wash & Detail Center, LLC, ZMS Inc, ZNM Holdings Inc on no date. Remarks: mailed on 9/14/11. (twdb) |
Filing 115 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, writ of execution, notice of levy, upon David Felsenthal, Esq., Novian and Novian, LLP served on 9/14/11. (twdb) |
Filing 114 PROCESS RECEIPT AND RETURN (USM-285) writ of execution returned executed upon The Irvine Company c/o Ernie Zachary Park, Esq on no date. Remarks: mailed 9/14/11. (twdb) |
Filing 113 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, of writ of execution, notice of levy served upon The Irvine Company c/o Ernie Zachary served on 9/14/11. (twdb) |
Filing 112 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon M Sikder Holdings Inc on no date. Remarks: mailed on 9/14/11. (twdb) |
Filing 111 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, of writ of execution; notice of levy, served upon defendant M. Sikder Holdings Inc - Dipu Haque President served on 9/14/11. (twdb) |
Filing 110 PROCESS RECEIPT AND RETURN (USM-285) writ of execution, returned executed upon Dipu Haque on no date. Remarks: mailed 9/14/11. (twdb) |
Filing 109 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, of writ of execution, notice of levy; upon defendant Dipu Haque, served on 9/14/11. (twdb) |
Filing 108 PROCESS RECEIPT AND RETURN (USM-285) writ of execution, served upon Defendant Sikder Incorporated; Dipu Hague, President no date of service. (twdb) |
Filing 107 PROCESS RECEIPT AND RETURN (USM-285) writ of execution, returned executed upon no name, no date of service. Remarks: recorded on 9/14/11. (twdb) |
Filing 106 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, SIKDER INCORPORATED -DIPU HAQUE, PRESIDENT served on 9/14/2011. re Writ of Execution, Notice of Levy, Exemptions from enforcement of Judgment, Current Dollar Amounts of Exemptions (rla) |
Filing 105 PROOF OF SERVICE filed by plaintiff HSBC as Trustee, ORANGE COUNTY RECORDER served on 9/14/2011. RE Writ of Execution and Notice of Levy. (rla) Modified on 6/28/2012 (rla). |
Filing 103 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge James V. Selna: GRANTING #97 Request to Substitute Attorney Eric L Webb in place and stead of Farhad Novian. Added attorney Eric L Webb for ZMS Inc. Attorney Farhad Novian terminated. (rla) |
Filing 102 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge James V. Selna: GRANTING #94 Request to Substitute Attorney Eric L Webb in place and stead of Farhad Novian. Added attorney Eric L Webb for Dipu Haque. Attorney Farhad Novian terminated (rla) |
Filing 101 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge James V. Selna: GRANTING #95 Request to Substitute Attorney Eric L Webb in place and stead of Farhad Novian for M. Sikder Holdings, Inc. Added attorney Eric L Webb for M Sikder Holdings Inc. Attorney Farhad Novian terminated. (rla) |
Filing 100 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY: GRANTING #96 Request to Substitute Attorney Eric L Webb in place and stead of Farhad Novian for defendant Sikder Incorporated. Added attorney Eric L Webb for Sikder Incorporated. Attorney Farhad Novian terminated. (rla) |
Filing 99 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge James V. Selna: as to ZNM Holdings Inc. GRANTING #98 Request to Substitute Attorney. Added attorney Eric L Webb for ZNM Holdings Inc. Attorney Farhad Novian terminated. (rla) |
Filing 104 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Wash & Go Car Wash & Detail Center, LLC on 1/24/12. Remarks: 1/24/12 Notice posted in property. Notice was posted on carwash, portion of property as advised by requester. Car Wash proerty was vacant, Notice posted on door. 2 DUSMS. ! Endeavor, 12 miles round trip. AB. (rla) |
Filing 98 First REQUEST to Substitute attorney Eric L. Webb in place of attorney Farhad Novian filed by Defendant ZNM Holdings Inc. (Attachments: #1 Proposed Order Approving Substitution of Attorney)(Novian, Farhad) |
Filing 97 First REQUEST to Substitute attorney Eric L. Webb in place of attorney Farhad Novian filed by Defendant ZMS Inc. (Attachments: #1 Proposed Order Approving Substitution of Attorney)(Novian, Farhad) |
Filing 96 First REQUEST to Substitute attorney Eric L. Webb in place of attorney Farhad Novian filed by Defendant Sikder Incorporated. (Attachments: #1 Proposed Order Approving Substitution of Attorney)(Novian, Farhad) |
Filing 95 First REQUEST to Substitute attorney Eric L. Webb in place of attorney Farhad Novian filed by Defendant M Sikder Holdings Inc. (Attachments: #1 Proposed Order Approving Substitution of Attorney)(Novian, Farhad) |
Filing 94 First REQUEST to Substitute attorney Eric L. Webb in place of attorney Farhad Novian filed by Defendant Dipu Haque. (Attachments: #1 Proposed Order Approving Substitution of Attorney)(Novian, Farhad) |
Filing 93 ORDER by Judge James V. Selna: GRANTING REQUEST FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER #91 . IT IS HEREBY ORDERED that a registered process server of Norco Legal, who is at least 18 years of age, of suitable discretion and not a party to the within action, be authorized and appointed to serve the notice of sale in the above case. The United States Marshals Office will remain the Levying Officer. (rla) |
Filing 92 ORDER by Judge James V. Selna: granting #90 Request to Substitute Attorney. Attorney Leo D Plotkin terminated. (twdb) |
Filing 91 Request for Service of Process by Registered Process Server filed by Plaintiff HSBC as Trustee (Attachments: #1 Proposed Order)(Pezold, Eric) Modified on 1/24/2012 (rla). |
Filing 90 REQUEST to Substitute attorney Eric S. Pezold in place of attorney Leo D. Plotkin filed by Plaintiff HSBC as Trustee. (Attachments: #1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Pezold, Eric) |
Filing 89 BILL OF COSTS Deficiency Notice Filed. The following deficiency was noted on the APPLICATION to the Clerk to Tax Costs against Defendants ZMS Inc, ZNM Holdings Inc #78 : Hearing information is missing on the Application. Counsel is to re-notice the corrected hearing information. Please consult Bill of Costs Handbook located on Court's website. (jp) |
ABSTRACT of Judgment issued in favor of plaintiff HSBC as Trustee and jointly and severally against Grady Hanshaw, Dipu Haque, M Sikder Holdings Inc, Sikder Incorporated, U S Small Business Administration, ZMS Inc, ZNM Holdings Inc RE: Judgment, #77 (twdb) |
Filing 88 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Post judgment interest should be for 128 days making the total interest $28,706.56. Please return this form with the corrected document when returned to the clerk's office for filing. (twdb) |
Filing 87 ORDER by Judge James V. Selna: granting #85 Application for Order for service of process by registered process server. (twdb) |
Filing 86 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: abstract does not indicate jointly and severally where appropriate. Please leave attested date blank. Post Judgment interest should be for 128 days making the total interest $28,706.56. Please return this form with the corrected document when returned to the clerk's office for filing. (twdb) |
Filing 85 APPLICATION for Order for Request for Service of Process by Registered Process Server REQUEST FOR SERVICE OF PROCESS BY REGISTERED PROCES SERVER filed by Plaintiff HSBC as Trustee. (Attachments: #1 Proposed Order)(Mertens, John) |
Filing 84 ORDER by Judge James V. Selna: granting #79 Motion for Attorney Fees AND COSTS in the amount of $14,195.75. (twdb) |
Filing 83 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Please enter the creditors names as it appears in the judgment and add the words jointly and severally on both CV23 and CV 24 forms. Please return this form with the corrected document when returned to the clerk's office for filing. (twdb) |
Filing 82 NOTICE OF NON-OPPOSITION to MOTION for Attorney Fees PLAINTIFFS NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF LEO D. PLOTKIN IN SUPPORT THEREOF #79 filed by Defendants Dipu Haque, M Sikder Holdings Inc, Sikder Incorporated, ZMS Inc, ZNM Holdings Inc. (Felsenthal, David) |
Filing 81 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Interest amount does not match the Judgment. Please explain how interest was calculated on a separate sheet and attach it to CV-23 and CV-24. Judgment creditor and against must exactly match the Judgment. Please return this form with the corrected document when returned to the clerk's office for filing. (rla) |
Filing 80 REQUEST FOR JUDICIAL NOTICE re MOTION for Attorney Fees PLAINTIFFS NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF LEO D. PLOTKIN IN SUPPORT THEREOF #79 PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS FEES filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 79 NOTICE OF MOTION AND MOTION for Attorney Fees PLAINTIFFS NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS FEES; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF LEO D. PLOTKIN IN SUPPORT THEREOF filed by Plaintiff HSBC as Trustee. Motion set for hearing on 8/22/2011 at 01:30 PM before Judge James V. Selna. (Mertens, John) |
Filing 78 APPLICATION to the Clerk to Tax Costs against Defendants ZMS Inc, ZNM Holdings Inc filed by Plaintiff HSBC as Trustee. (Attachments: #1 Exhibit 1 - Proposed Bill of Costs)(Mertens, John) |
Filing 77 JUDGMENT by Judge James V. Selna, in favor of HSBC as Trustee against M Sikder Holdings Inc, Sikder Incorporated, U S Small Business Administration, ZMS Inc, ZNM Holdings Inc, Dipu Haque, Grady Hanshaw in the total amount of $1,052,705.88. Related to: MOTION for Summary Judgment #71 . (See document for further details.) (MD JS-6, Case Terminated). (rla) (Additional attachment(s) added on 9/8/2011: #1 abstract) (twdb). |
Filing 76 MEMORANDUM in Support of MOTION for Judgment as a Matter of Law on the basis of: Rule 56 of the Federal Rules of Civil Procedure #71 PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT; DECLARATION OF JOHN P. MERTENS filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 75 NOTICE OF NON-OPPOSITION to MOTION for Judgment as a Matter of Law on the basis of: Rule 56 of the Federal Rules of Civil Procedure #71 filed by Defendants Dipu Haque, M Sikder Holdings Inc, Sikder Incorporated, ZMS Inc, ZNM Holdings Inc. (Felsenthal, David) |
Filing 74 NOTICE OF NON-OPPOSITION to MOTION for Judgment as a Matter of Law on the basis of: Rule 56 of the Federal Rules of Civil Procedure #71 filed by Defendant Grady Hanshaw. (May, Michael) |
Filing 73 NOTICE OF NON-OPPOSITION to MOTION for Judgment as a Matter of Law on the basis of: Rule 56 of the Federal Rules of Civil Procedure #71 filed by Defendant U S Small Business Administration. (Attachments: #1 Attachment)(Chittenden, Russell) |
Filing 72 STATEMENT of OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW MOTION for Judgment as a Matter of Law on the basis of: Rule 56 of the Federal Rules of Civil Procedure #71 filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 71 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Rule 56 of the Federal Rules of Civil Procedure filed by Plaintiff HSBC as Trustee. Motion set for hearing on 7/11/2011 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration Declaration of John P. Mertens, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration Declaration of James Akers, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Proposed Order)(Mertens, John) |
Filing 70 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Summary Judgment as to all Causes of Action PLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; #65 . The following error(s) was found: Local Rule 11-8 Memorandum brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (wr) |
Filing 69 Notice of Withdrawal of Motion for Summary Judgment, #65 filed by Plaintiff HSBC as Trustee. (Plotkin, Leo) |
Filing 68 DECLARATION of John P. Mertens In Support MOTION for Summary Judgment as to all Causes of Action PLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; #65 DECLARATION OF JOHN P. MERTENS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by Plaintiff HSBC as Trustee. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Mertens, John) |
Filing 67 DECLARATION of James Akers In Support MOTION for Summary Judgment as to all Causes of Action PLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; #65 DECLARATION OF JAMES AKERS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by Plaintiff HSBC as Trustee. (Attachments: #1 Exhibit Exhibit 1 Part 1, #2 Exhibit Exhibit 1 Part 2, #3 Exhibit Exhibit 1 Part 3, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14)(Mertens, John) |
Filing 66 STATEMENT of STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW MOTION for Summary Judgment as to all Causes of Action PLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; #65 filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 65 NOTICE OF MOTION AND MOTION for Summary Judgment as to all Causes of Action PLAINTIFFS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; filed by Plaintiff HSBC as Trustee. Motion set for hearing on 6/20/2011 at 01:30 PM before Judge James V. Selna. (Mertens, John) |
Filing 64 STIPULATION REGARDING ENTITLEMENT AND AMOUNT (Mertens, John) |
Filing 63 NOTICE NOTICE OF DISMISSAL OF WASH & GO CAR WASH & DETAIL CENTER, LLC WITHOUT PREJUDICE filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 62 ORDER for Court Trial Setting Dates by Judge James V. Selna. Bench Trial set for 8/30/2011 at 08:30 AM before Judge James V. Selna. Final Pretrial Conference set for 8/22/2011 at 11:00 AM before Judge James V. Selna. (ade) |
Filing 61 MINUTES OF Scheduling Conference held before Judge James V. Selna, The Court sets the case management dates with the agreement of counsel as follows: Court Trial set for 8/30/2011 08:30 AM. Pretrial Conference set for 8/22/2011 11:00 AM. The Court directs counsel to meet, confer and submit, within 7 days, a stipulation and separate proposed order setting forth the remaining case management dates as listed in Exhibit A to the Court's Order Setting the Scheduling Conference. Court Reporter: Sharon Seffens. (rla) |
Filing 60 MINUTES OF Scheduling Conference held before Judge James V. Selna. Court Reporter: Sharon Seffens. The Court continues this matter to February 28, 2011 at 4:00 p.m. (jba) |
Filing 59 NOTICE of Appearance filed by attorney Peter J Attarian on behalf of Defendant Wash & Go Car Wash & Detail Center, LLC (Attarian, Peter) |
Filing 58 Notice of Interested Parties and Disclosure Statement Pursuant To FRCP 7.1(a) NOTICE of Interested Parties filed by Defendant Wash & Go Car Wash & Detail Center, LLC, identifying Wash & Go Car Wash & Detail Center, LLC. (Attarian, Peter) |
Filing 57 JUDGMENT of Foreclosure and Order of Sale, DENIED by Judge James V. Selna. (twdb) |
Filing 56 RESPONSE filed by Defendant U S Small Business Administrationto EX PARTE APPLICATION for Summary Judgment as to Pursuant to Stipulations : Declaration of James T. Werther; Declaration of John P. Mertens #53 (Chittenden, Russell) |
Filing 55 Amended Opposition to re: EX PARTE APPLICATION for Summary Judgment as to Pursuant to Stipulations : Declaration of James T. Werther; Declaration of John P. Mertens #53 (Amended to reflect signature of counsel) filed by Defendant Grady Hanshaw. (May, Michael) |
Filing 54 Opposition re: EX PARTE APPLICATION for Summary Judgment as to Pursuant to Stipulations : Declaration of James T. Werther; Declaration of John P. Mertens #53 filed by Defendant Grady Hanshaw. (May, Michael) |
Filing 53 EX PARTE APPLICATION for Summary Judgment as to Pursuant to Stipulations : Declaration of James T. Werther; Declaration of John P. Mertens filed by Plaintiff HSBC as Trustee. (Attachments: #1 Part 2 of 3, #2 Part 3 of 3)(Mertens, John) |
Filing 52 SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT BETWEEN PLAINTIFF HSBC BANK USA AND DEFENDANT WASH & GO CAR WASH & DETAIL CENTER, LLC filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 51 WAIVER OF SERVICE Returned Executed filed by Plaintiff HSBC as Trustee. Waiver of Service signed by Peter Attarian. (Mertens, John) |
Filing 50 MINUTE ORDER IN CHAMBERS by Judge James V. Selna: The Court, having read and considered the plaintiffs Status Report filed November 12, 2010, hereby continues the Scheduling Conference in the above entitled action to January 24, 2011 at 11:00 a.m. (rla) |
Filing 49 STATUS REPORT ; Declaration of John P. Mertens filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 48 STIPULATION for Settlement Between HSBC and United States of America filed by Plaintiff HSBC as Trustee.(Mertens, John) |
Filing 47 STIPULATION for Settlement Between HSBC and Hanshaw filed by Plaintiff HSBC as Trustee.(Mertens, John) |
Filing 46 ORDER by Judge James V. Selna Setting Rule 26(f) Scheduling Conference. Scheduling Conference set for 11/22/2010 at 11:00 AM before Judge James V. Selna. (ade) |
21 DAY Summons Issued re Notice of Removal, #1 as to defendant Wash & Go Car Wash & Detail Center, LLC. (rla) |
Filing 45 ORDER by Judge James V. Selna: granting #44 Ex Parte Application to Reopen Case. It Is Hereby Ordered that the dismissal order is vacated and that this action is reopened for all purposes, effective immediately. (MD-JS5 Case Reopened) (twdb) |
Filing 44 EX PARTE APPLICATION to Reopen Case Plaintiff's Ex Parte Application to Reopen Action; Memorandum of Points and Authorities and Declaration of John P. Mertens In Support Thereof; Proof of Service filed by Plaintiff HSBC as Trustee.(Mertens, John) |
Filing 42 Notice of Withdrawal of Motion Related Document,, #39 , Declaration (Motion related), Declaration (Motion related) #40 filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 43 ORDER by Judge James V. Selna Upon Settlement of Case. The Court having been advised by the counsel for the parties that the above entitled action has been settled, IT IS ORDERED that this action be and is hereby dismissed in its entirety without prejudice to the right, upon good cause being shown within 90 days, to reopen the action if settlement is not consummated. Case Terminated. Made JS-6. (db) |
Filing 41 NOTICE of Change of Attorney Information for attorney John P L Mertens counsel for Plaintiff HSBC as Trustee. Filed by Plaintiff HSBC Bank USA (Mertens, John) |
Filing 40 DECLARATION of Leon J. Owens in support MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 Declaration of Leon J. Owens, Receiver Nominee filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 39 NOMINATION OF RECEIVER IN SUPPORT OF PLAINTIFF HSBC BANK, USA'S MOTION FOR ORDER APPOINTING RECEIVER, TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW WHY PERMANENT RECEIVER SHOULD NOT BE APPOINTED AND PRELIMINARY INJUNCTION ISSUED re MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Plaintiff HSBC as Trustee. (Mertens, John) |
21 DAY Summons Issued re Notice of Removal, #1 as to defendants Does, Grady Hanshaw, Dipu Haque, M Sikder Holdings Inc, Sikder Incorporated, U S Small Business Administration, ZMS Inc, ZNM Holdings Inc. (db) |
Filing 37 MINUTES (IN CHAMBERS): ORDER by Judge James V. Selna: granting Motion to Add Defendant #27 : Court GRANTS the motion and orders Wash & Go Car Wash & Detail Center, LLC, a California limited liability company, joined as a defendant with respect to HSBC's first cause of action for Judicial Foreclosure. The Court finds that oral argument would not be helpful on this matter and vacates the April 26, 2010 hearing. (rla) |
Filing 38 MINUTES held before Judge James V. Selna re Plaintiff's Motion for Order Appointing Receiver, Temporary Restraining Order, and Order to Show Cause Why Permanent Receiver Should not be Appointed and Preliminary Injunction Issued #19 . For the foregoing reasons, the Court GRANTS the Motion as to ZNM.A copy of the Courts order to show cause why a permanent receiver should notbe appointed shall be served on the defendants, any other parties to the action, and allknown creditors of the defendants by HSBC. Local Rule 66-4. The Court directs counsel for plaintiff to prepare, serve and submit, forthwith, a proposed order consistent with todays ruling. Court Reporter: Sharon Seffens. (db) |
Filing 36 RESPONSE IN SUPPORT of MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 Reply Brief In Support of Plaintiff's Motion for Order Appointing Receiver, Temporary Restraining Order, and Order to show Cause Why Permanent Receiver should not be Confirmed and Preliminary Injunction Issued filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 34 NOTICE of Change of Attorney Information for attorney John P L Mertens counsel for Plaintiff HSBC as Trustee. Bradley I. Kramer will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Bradley I. Kramer is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff HSBC Bank, USA, National Association (Mertens, John) |
Filing 35 ORDER to Appear Telephonically for Plaintiff's Motion for Order Appoint Receiver, etc. by Judge James V. Selna. IT IS HEREBY ORDERED that defendant Administrator of the United States Small Business Administration may appear telephonically for the April 19, 2010 hearing on Plaintiff HSBCs Motion. (db) |
Filing 33 STIPULATION for Order TO ALLOW DEFENDANT SBA TO APPEAR TELEPHONICALLY FOR PLAINTIFF'S MOTION FOR ORDER APPOINTING RECEIVER, ETC. filed by Defendant U S Small Business Administration. (Attachments: #1 Proposed Order)(Chittenden, Russell) |
Filing 32 OPPOSITION Opposition re: MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Defendants Dipu Haque, M Sikder Holdings Inc, Sikder Incorporated, ZMS Inc, ZNM Holdings Inc. (Felsenthal, David) |
Filing 31 OPPOSITION re: MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Defendant U S Small Business Administration. (Attachments: #1 Declaration OF DACE PAVLOVSKIS WITH EXHIBITS A-E)(Chittenden, Russell) |
Filing 30 NOTICE OF ERRATA filed by Plaintiff HSBC as Trustee. correcting Memorandum in Support of Motion, #20 Plaintiffs Notice of Errata Re Memorandum of Points and Authorities in Support of Plaintiff BLX Capital, LLCs Motion For Order Appointing Receiver, etc. (Plotkin, Leo) |
Filing 29 REPLY Response to In Chambers Order Re: Clarificatoin of Plaintiff's Motion for Temporary Restraining Order MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Plaintiff HSBC as Trustee. (Mertens, John) |
Filing 28 MINUTES OF IN CHAMBERS ORDER re Clarification of Plaintiff's Motion for Temporary Restraining Order held before Judge James V. Selna. Plaintiff HSBC Bank USA, National Association (HSBC) has moved for a Temporary Restraining Order, as well as an Order to Show Cause as to why a Preliminary Injunction should not issue. (Doc. No. 19.) After preliminary review of the motion, the Court believes that the motion should be treated as one for a Preliminary Injunction rather than as a Temporary Restraining Order. HSBC shall file by March 26, 2010 a response to this Order that specifically discusses whether the Court should treat its pending motion as a motion for a Preliminary Injunction. (db) |
Filing 27 NOTICE OF MOTION AND MOTION to TO ADD Wash & Go Car Wash & Detail Center, LLC as Defendant; Memorandum of Points and Authorities; Declaration of Leo D. Plotkin filed by Plaintiff HSBC as Trustee. Motion set for hearing on 4/26/2010 at 01:30 PM before Judge James V. Selna. (Mertens, John) |
Filing 26 MINUTES OF Settlement Conference held before Magistrate Judge Marc L. Goldman. Pursuant to Local Rule 16-14, the parties met this date for a mandatory settlement conference. The parties were unable to reach an agreement on disposition of the case. The parties have agreed to continue settlement negotiations. Should the need arise for further court assistance, counsel are instructed to contact the courtroom deputy clerk to schedule a continued settlement conference. (db) |
Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion, #20 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents and table of authorities. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rrp) |
Filing 25 ORDER by Judge James V. Selna, TO AMEND PLEADINGS TO SUBSTITUTE REAL PARTY IN INTEREST AS PLAINTIFF: Good cause appearing and the parties having so stipulated #18 , IT IS HEREBY ORDERED: (See document for further details.) 3) All pleadings and proceedings in this action hereby are, and shall be deemed to be, amended by striking out BLX and adding HSBC as Trustee as plaintiff, and incorporating as allegations of plaintiff therein the facts set forth in the Recitals. 4) The substitution of HSBC as Trustee as plaintiff herein shall relate back to the date of the original complaint herein, and the action shall proceed as if it had been originally commenced by HSBC as Trustee. (rla) |
Filing 23 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF BLX CAPITAL, LLC'S MOTION FOR ORDER APPOINTING RECEIVER, TEMPORARY RESTRAINING ORDER, AND ORDER TO SHOW CAUSE WHY PERMANENT RECEIVER SHOULD NOT BE APPOINTED AND PRELIMINARY INJUNCTION ISSUED re MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Plaintiff BLX Capital LLC. (Mertens, John) |
Filing 22 DECLARATION of James T. Werther In Support MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Plaintiff BLX Capital LLC. (Mertens, John) |
Filing 21 DECLARATION of Leo D. Plotkin In Support MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Plaintiff BLX Capital LLC. (Mertens, John) |
Filing 20 MEMORANDUM in Support of MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Inju #19 filed by Plaintiff BLX Capital LLC. (Mertens, John) |
Filing 19 NOTICE OF MOTION AND MOTION to Appoint Receiver for over property Plaintiff BLX Capital, LLC's Noticeo of Motion and Motion for Order Appointing Receiver, Temporary Restraining Order to Show Cause Why Permanent Receiver Should not be appointed and Preliminary Injunction Issued filed by Plaintiff BLX Capital LLC. Motion set for hearing on 4/19/2010 at 01:30 PM before Judge James V. Selna. (Mertens, John) |
Filing 18 STIPULATION to AMEND filed by Plaintiff BLX Capital LLC.(Mertens, John) |
Filing 17 MINUTES OF IN CHAMBERS ORDER Excusing James T. Werther From Personally Attending Settlement Conference held before Magistrate Judge Marc L. Goldman. Plaintiff has requested that Plaintiffs representative, James T. Werther, be excused from personally attending the settlement conference. The request is GRANTED. Mr. Werther shall participate in the opening stages of the settlement conference by telephone. He must therefore be available on March 17, 2010 at 9:30 a.m. Mr. Werther shall also be available throughout the day of March 17, 2010, for immediate consultation with the Court and counsel as needed. No other business shall be permitted to interfere with the ability of the Court or counsel to contact Mr. Werther for consultation. (db) |
Filing 16 ORDER on Stipulation to Continue Settlement Conference #15 by Magistrate Judge Marc L. Goldman: Good cause appearing and the parties having so stipulated, IT IS HEREBY ORDERED that the Settlement Conference, scheduled for March 3, 2010, shall be continued to March 17, 2010, at 9:30 a.m. with all dates and deadlines in the Standing Order Setting Settlement Conference hereby continued concurrently. (lwag) |
Filing 15 STIPULATION for Hearing re Settlement Conference filed by plaintiff BLX Capital LLC.(Mertens, John) |
Filing 14 STANDING ORDER by Judge Marc L. Goldman: A Settlement Conference is scheduled for March 3, 2010, at 9:30AM before Magistrate Judge Marc L. Goldman. All parties and their lead counsel are required to appear on the date and time set. Pre-conference negotiations are required. (ts) |
Filing 13 ORDER FOR COURT TRIAL by Judge James V. Selna: I. SETTING DATES FOR: Discovery Cut-Off: July 12, 2010; Pre-Trial Conference: November 1, 2010 at 11:00 A.M.; Trial: November 16, 2010 at 8:30 A.M. II. Order for Preparation for COURT TRIAL, Proposed Findings of Fact & Conclusions of Law, and Scheduling III. Order Governing Attorney and Party Conduct at Trial. (See document for further details.) The Clerk is ordered to serve a copy of this Order on counsel/parties in this action. (rla) |
Filing 12 MINUTES OF Scheduling Conference held before Judge James V. Selna: The Court sets the case management dates with the agreement of counsel as follows: Jury Trial November 16, 2010 at 8:30 a.m.; Finding of Fact and Conclusions of Law due November 8, 2010; Final PreTrial Conference November 1, 2010 at 8:30 a.m.; File PreTrial Documents not later than October 25, 2010; File motions in limine not later than September 20, 2010; Discovery Cut-off July 12, 2010. (See document for further details.) Court Reporter: Sharon Seffens. (rla) |
Filing 11 STATUS REPORT Joint Report of Conference of Counsel filed by Plaintiff BLX Capital LLC. (Plotkin, Leo) |
Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties RE: Answer to Complaint #9 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (rla) |
Filing 9 ANSWER to Notice of Removal, #1 Complaint of BLX Capital filed by Defendant Grady Hanshaw.(May, Michael) |
Filing 8 PROOF OF SERVICE filed by Plaintiff BLX Capital LLC, re Scheduling Order, Set Deadlines/Hearings #7 served on Order Setting Rule 26(f) Scheduling Conference. (Plotkin, Leo) |
Filing 7 ORDER SETTING SCHEDULING CONFERENCE for 12/14/2009 11:30 AM before Judge James V. Selna. (Attachments: #1 Exhibit) (kt) |
Filing 6 NOTICE of Lis Pendens filed by Plaintiff BLX Capital LLC. (Plotkin, Leo) |
Filing 5 CERTIFICATION AND NOTICE OF INTERESTED PARTIES of Interested Parties filed by Plaintiff BLX Capital LLC, identifying Allied Capital Corporation, Ciena Capital, LLC, Ciena Capital Funding, LLC, BLC Capital Financial Corp. II., BLC Capital Financial Corp., BLC Capital Funding, LLC, BLC Capital Financial, LLC, BLX Capital Real Estate, LLC BLX Capital Real Estate (Berlin), LLC, BLX Commercial Capital, LLC, BLX Commercial Capital Real Estate, LLC, Business Loan Center, LLC, BLX Holdings Corp., BLC Financial Corporation, BLC Financial Corporation II., BLC Real Estate, LLC, BLC Funding, LLC, BLC Financial, LLC, BLC Real Estate, LLC, BLC Real Estate (UPC Petroleum), LLC, BLC Real Estate (Michigan), LLC, BLC Real Estate (Texas), LLC. (Plotkin, Leo) |
Filing 4 INITIAL ORDER FOLLOWINGFILING OF COMPLAINT ASSIGNEDTO JUDGE SELNA by Judge James V. Selna, (mt) |
Filing 3 ANSWER TO COMPLAINT filed by Defendant U S Small Business Administration.(Chittenden, Russell) |
Filing 2 CERTIFICATE OF SERVICE filed by Defendant U S Small Business Administration, OF SERVICE OF NOTICE TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT served on 9/2/09. (Attachments: #1 Attachment-pgs 2-73, #2 Attachment-pgs 74-146)(Chittenden, Russell) |
Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 00126313 with copy of summons and complaint.Case assigned to Judge James V. Selna, Discovery to Magistrate Judge Marc L. Goldman. (Filing fee $ 350 paid), filed by defendant U S Small Business Administration.(twdb) (Additional attachment(s) added on 9/9/2009: #1 Notice of Removal-Part 2, #2 Notice of Removal-Part 3) (lwag). (Additional attachment(s) added on 5/5/2010: #3 summons issued) (db). (Additional attachment(s) added on 10/21/2010: #4 Summons Issued) (rla). |
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