ACF FINCO I LP v. Bonerts Incorporated et al
| ACF FINCO I LP |
| Bonerts Incorporated and Does 1-10 |
| Milne Fruit Products Inc., Peterson Farms, Inc., Kendall Frozen Fruits, Inc., Jewel Apple, Inc., Priority Business Services, Inc., Wawona Frozen Foods, Fruitrade International, Inc., Empire Container Corporation dba Empire Packaging and Displays and Patagonia Foods, Inc. |
| California Apple Products, Inc. and LoBasso Packaging, Inc. |
| Joel B. Weinberg |
| National Funding, Inc. |
| 8:2016cv01310 |
| July 13, 2016 |
| US District Court for the Central District of California |
| Karen E Scott |
| Suzanne H Segal |
| Josephine L Staton |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 118 Notice of Electronic Filing re Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case #117 e-mailed to Caroline R. Djang, cdjang@rutan.com bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 117 MINUTE (IN CHAMBERS) CLOSING by Magistrate Judge Suzanne H. Segal. Case should have been closed on entry dated 4/03/17. See Order #116 . (Made JS-6. Case Terminated.) (hr) |
Filing 116
ORDER GRANTING RECEIVERS MOTION FOR ORDER: (1) APPROVING RECEIVERS FINAL REPORT AND ACCOUNTING; (2) TERMINATING RECEIVERSHIP, DISCHARGING RECEIVER, EXONERATING BONDS AND DISSOLVING PRELIMINARY INJUNCTION; (3) APPROVING FINAL FEES AND COSTS OF RECEIVER AND PROFESSIONALS; (4) APPROVING DISPOSITION OF REMAINING FUNDS; AND (5) GRANTING OTHER RELIEF by Magistrate Judge Suzanne H. Segal: (See document for details) ***The hearing date is VACATED*** (mr)
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| Filing 115 PROOF OF SERVICE filed by Receiver Joel B. Weinberg, re Notice (Other) #111 served on 03/03/2017. (Bautista, Cristina) |
| Filing 114 Notice of Appearance or Withdrawal of Counsel: for attorney Warren O Hodges, Jr counsel for Intervenor Plaintiff LoBasso Packaging, Inc.. Warren O. Hodges, Jr. will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Warren O. Hodges, Jr. 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-in-Intervention LoBASSO PACKAGING, INC.. (Hodges, Warren) |
| Filing 113 NOTICE OF ERRATA filed by Receiver Joel B. Weinberg. correcting FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver #110 , Declaration (Motion related) #112 (Bautista, Cristina) |
| Filing 112 DECLARATION of Joel B. Weinberg in Support of FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver #110 [CORRECTED DECLARATION] filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 111 NOTICE filed by Receiver Joel B. Weinberg. Notice of Hearing on Receiver's Motion for Order [Dkt 110] (Bautista, Cristina) |
| Filing 110 FINAL ACCOUNTING AND NOTICE OF MOTION AND MOTION FOR COMPENSATION by Receiver filed by Receiver Joel B. Weinberg. Motion set for hearing on 4/4/2017 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Declaration of Joel B. Weinberg, #2 Proposed Order) (Bautista, Cristina) |
| Filing 109 INTERIM REPORT of Receiver's Sixth Interim Operating Report (January 1, 2017 through January 30, 2017) filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 108 INTERIM REPORT of Receiver's Fifth Interim Operating Report (December 1, 2016 through December 31, 2016) filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 107 Fourth Interim REPORT of Operating Report filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 106 Notice of Dismissal filed by Interested Party Patagonia Foods, Inc. (Hogan, Bruce) |
| Filing 105 Notice of Dismissal filed by Interested Party Kendall Frozen Fruits, Inc. (Hogan, Bruce) |
| Filing 104 Notice of Appearance or Withdrawal of Counsel: for attorney June T Monroe counsel for Interested Parties Fruitrade International, Inc., Jewel Apple, Inc., Milne Fruit Products Inc., Peterson Farms, Inc., Wawona Frozen Foods. June Monroe will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Intervening Plaintiffs Peterson Farms, Inc., Jewel Apple, LLC, Fruitrade International, Inc., Milne Fruit Products Inc., and Wawona Frozen Foods.. (Attachments: #1 Proof of Service)(Monroe, June) |
| Filing 103 NOTICE of Voluntary Dismissal filed by Intervening Plaintiffs California Apple Products, Inc., Fruitrade International, Inc., Jewel Apple, Inc., Milne Fruit Products Inc., Peterson Farms, Inc., Wawona Frozen Foods. (Monroe, June) |
| Filing 102 NOTICE of Voluntary Dismissal filed by Intervening Plaintiffs California Apple Products, Inc., Fruitrade International, Inc., Jewel Apple, Inc., Milne Fruit Products Inc., Peterson Farms, Inc., Wawona Frozen Foods. (Attachments: #1 Proof of Service)(Monroe, June) |
| Filing 101 NOTICE filed by Receiver Joel B. Weinberg. of Submission of Amended PACA Trust Chart (Bautista, Cristina) |
| Filing 100 EXHIBIT Filed filed by Receiver Joel B. Weinberg. to Receiver's Third Interim Operating Report as to Report #99 . (Bautista, Cristina) |
| Filing 99 THIRD INTERIM OPERATING REPORT of October 1, 2016 through October 31, 2016 filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 98 NOTICE OF TAKING MOTION OFF CALENDAR filed by Plaintiff ACF FINCO I LP. Notice of Taking Motion off Calendar (Spector, Steven) Modified on 11/17/2016 (mr). |
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Filing 97
ORDER APPROVING STIPULATION EXTENDING: PACA CLAIMS PROCEDURE EXPEDITED DISCOVERY SCHEDULE AS TO CERTAIN CLAIMANTS #95 by Magistrate Judge Suzanne H. Segal. The Stipulation is approved. The extended time periods set forth in the Stipulation are so ordered. The Receiver may file an amended PACA Trust Chart as provided in the Stipulation. (mr)
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| Filing 96 NOTICE OF MOTION AND MOTION for Hearing Notice of Motion and Motion No. 1 of ACF Finco I, LP to Rule on the Objections to the Claim of Sunset Industrial Parts; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff ACF FINCO I LP. Motion set for hearing on 12/27/2016 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: #1 Declaration) (Spector, Steven) |
| Filing 95 STIPULATION for Discovery as to Stipulation Extending PACA Claims Procedure Expedited Discovery Schedule as to Certain Claimants filed by Plaintiff ACF FINCO I LP. (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 94 NOTICE Notice of Submission of PACA Trust Chart filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 93 NOTICE filed by Intervening Plaintiff LoBasso Packaging, Inc.. of Dismissal of Complaint-in-Intervention (Hodges, Warren) |
| Filing 92 PROOF OF SERVICE filed by Intervening Plaintiff LoBasso Packaging, Inc., re Intervenor Complaint #89 , Declaration #91 , Certificate/Notice of Interested Parties #90 served on October 28, 2016. (Hodges, Warren) |
| Filing 91 DECLARATION of Frank LoBasso in Support of PACA Proof of Claim filed by Intervenor Plaintiff LoBasso Packaging, Inc.. (Hodges, Warren) |
| Filing 90 CERTIFICATE of Interested Parties filed by Intervening Plaintiff LoBasso Packaging, Inc., (Hodges, Warren) |
| Filing 89 INTERVENOR COMPLAINT against Defendant Bonerts Incorporated, Does, filed by Intervening Plaintiff LoBasso Packaging, Inc.. (Attorney Warren O Hodges, Jr added to party LoBasso Packaging, Inc.(pty:intvp))(Hodges, Warren) |
| Filing 88 PROOF OF SERVICE filed by Plaintiffs California Apple Products, Inc., Fruitrade International, Inc., Jewel Apple, Inc., Milne Fruit Products Inc., Peterson Farms, Inc., Wawona Frozen Foods, re Intervenor Complaint,,,, #86 , Certificate/Notice of Interested Parties #87 served on 10/28/16. (Monroe, June) |
| Filing 87 Certification and NOTICE of Interested Parties filed by Plaintiffs California Apple Products, Inc., Fruitrade International, Inc., Jewel Apple, Inc., Milne Fruit Products Inc., Peterson Farms, Inc., Wawona Frozen Foods, (Monroe, June) |
| Filing 86 INTERVENOR COMPLAINT against Defendants Bonerts Incorporated, filed by Intervening Plaintiffs Peterson Farms, Inc., Wawona Frozen Foods, Fruitrade International, Inc., Milne Fruit Products Inc., Jewel Apple, Inc., California Apple Products, Inc.. (Attachments: #1 Declaration of Sarah Schlukebir in Support of PACA Proof of Claim of Peterson Farms, Inc., #2 Declaration of Julie Olsen in Support of PACA Proof of Claim of Wawona Frozen Foods, #3 Declaration of Reed McKinlay in Support of PACA Proof of Claim of Milne Fruit Products, Inc., #4 Declaration of Michael Roche in Support of PACA Proof of Claim of Jewel Apple, LLC - Part 1, #5 Declaration of Michael Roche in Support of PACA Proof of Claim of Jewel Apple, LLC - Part 2, #6 Declaration of Ingrid Hamburger in Support of PACA Proof of Claim of Fruitrade International, Inc., #7 Declaration of James Lane in Support of PACA Proof of Claim of California Apple Products, Inc.) (Attorney June T Monroe added to party California Apple Products, Inc.(pty:intvp))(Monroe, June) |
| Filing 85 First INTERVENOR COMPLAINT against Defendant Bonerts Incorporated, filed by Intervening Plaintiffs Patagonia Foods, Inc., Kendall Frozen Fruits, Inc.. (Attachments: #1 Declaration, #2 Declaration)(Hogan, Bruce) |
| Filing 84 SECOND INTERIM REPORT of OPERATING REPORT filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 83 PROOF OF SERVICE filed by Plaintiff ACF FINCO I LP, re Stipulation for Discovery #81 Proof of Service of Notice to Potential Claimants served on 10-21-16. (Spector, Steven) |
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Filing 82
ORDER GRANTING STIPULATION APPROVING: (1) PACA CLAIMS PROCEDURE; AND (2) EXPEDITED DISCOVERY SCHEDULE by Magistrate Judge Suzanne H. Segal, re Stipulation for Discovery #81 . IT IS HEREBY ORDERED: 1. The Stipulation is approved and the terms and provisions thereof are so ordered. 2. The Court hereby reserves and retains exclusive jurisdiction to: (a) interpret, implement, and enforce the provisions of this Order, and any other supplemental documents or agreements executed in connection therewith; and (b) resolve any and all disputes, controversies or claims arising out of or related in any manner to this Order and/or the documents executed in connection with this Order. (mr)
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| Filing 81 STIPULATION for Discovery as to Stipulation Approving: (1) PACA Claims Procedure; and (2) Expedited Discovery Schedule filed by Plaintiff ACF FINCO I LP. (Attachments: #1 Proposed Order)(Spector, Steven) |
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Filing 80
ORDER APPROVING SECOND STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL by Magistrate Judge Suzanne H. Segal, re NOTICE OF LODGING filed NOTICE OF LODGING OF APPROVING SECOND STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL #76 . IT IS ORDERED that the Receiver is authorized to disburse the Collateral (as that term is defined in the Second Stipulation) to Plaintiff. (mr)
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| Filing 79 PROOF OF SERVICE filed by Plaintiff and Receiver ACF FINCO I LP, Joel B. Weinberg, re Notice (Other) #78 , Declaration, #77 , Notice of Lodging #76 served on October 5, 2016. (Spector, Steven) |
| Filing 78 NOTICE OF ISSUANCE OF RECEIVER'S CERTIFICATE NO. 3 filed by RECEIVER Joel B. Weinberg. (Attachments: #1 Exhibit A)(Spector, Steven) |
| Filing 77 DECLARATION of STEVEN M. SPECTOR re Notice of Lodging #76 DECLARATION OF STEVEN M. SPECTOR IN SUPPORT OF [PROPOSED] ORDER APPROVING SECOND STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL filed by Plaintiff ACF FINCO I LP. (Attachments: #1 Exhibit 1)(Spector, Steven) |
| Filing 76 NOTICE OF LODGING filed NOTICE OF LODGING OF [PROPOSED ORDER] APPROVING SECOND STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL re Stipulation for Order #67 (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 75 MINUTES OF Hearing: ORDER RE OBJECTIONS TO SALE, ETC. held before Magistrate Judge Suzanne H. Segal: The case is called. Counsel state their appearances on the record. Attorney Jay Lichter for Third Party Creditor National Funding, Inc., is also present. The Objections to Sale of Property of Bonert's Incorporated, etc., are withdrawn. Court Recorder: CS 9/29/16. (mr) |
| Filing 74 NOTICE of Hearing on Third Party Creditor National Funding, Inc.'s Objection to Sale of Property of Bonert's Incorporated filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
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Filing 73
MINUTE ORDER (IN CHAMBERS) ORDER RESCHEDULING HEARING ON EX PARTE APPLICATION OF RECEIVER FOR ORDER APPROVING SALE OF CERTAIN PERSONAL PROPERTY, ETC. TO 9:30 A.M. ON SEPTEMBER 29, 2016 by Magistrate Judge Suzanne H. Segal: Court reschedules hearing on the Ex Parte Application for Order Approving Sale, etc., and the Objections to the Ex Parte Application to 9:30 a.m., instead of 10:00 a.m., on September 29, 2016, Courtroom 590, 255 E. Temple Street, Roybal Building. (mr)
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| Filing 72 REPLY in Support of EX PARTE APPLICATION for Order for Approving Sale of Certain Personal Property #62 filed by Receiver Joel B. Weinberg. (Attachments: #1 Declaration of Joel B. Weinberg, #2 Proof of Service)(Bautista, Cristina) |
| Filing 71 Receiver's First Interim Operating Report REPORT of July 28, 2016 through August 31, 2016 filed by Receiver Joel B. Weinberg. (Bautista, Cristina) |
| Filing 70 REPLY filed by Plaintiff ACF FINCO I LP to Objection/Opposition (Motion related) #69 Plaintiff's Comments to Objections of National Funding, Inc. to Receiver's Application Approving Sale of Property; Declaration of Steven M. Spector (Spector, Steven) |
| Filing 69 Objection re: EX PARTE APPLICATION for Order for Approving Sale of Certain Personal Property #62 filed by Creditor National Funding, Inc.. (Attorney Neal S Salisian added to party National Funding, Inc.(pty:cr))(Salisian, Neal) |
| Filing 68 NOTICE filed by plaintiff ACF FINCO I LP. of Filing Second Stipulation re Turnover of Proceeds of Collateral (Spector, Steven) |
| Filing 67 Second STIPULATION for Order filed by plaintiff ACF FINCO I LP.(Spector, Steven) |
| Filing 66 PROOF OF SERVICE filed by Receiver Joel B. Weinberg, re Order on Motion for Order, #64 served on 09/20/2016. (Bautista, Cristina) |
| Filing 65 PROOF OF SERVICE filed by Receiver Joel B. Weinberg, re Order,,, #61 served on 09/20/2016. (Bautista, Cristina) |
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Filing 64
ORDER GRANTING EX PARTE APPLICATION OF RECEIVER FOR ORDER APPROVING SALE OF CERTAIN PERSONAL PROPERTY BY PRIVATE SALE (OR IN THE ALTERNATIVE, BY PUBLIC AUCTION), FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES by Magistrate Judge Suzanne H. Segal: IT IS HEREBY ORDERED that the Receivers Application is GRANTED in its entirety. (See document for further details). (mr)
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| Filing 63 NOTICE of Entry of ACF FINCO I LP. (Spector, Steven) |
| Filing 62 EX PARTE APPLICATION for Order for Approving Sale of Certain Personal Property filed by Receiver for Bonert's Incorporated Joel B. Weinberg. (Attachments: #1 Declaration of Joel B. Weinberg, #2 Declaration of Brian Testo, #3 Declaration of Harry Garner, #4 Proposed Order) (Attorney Cristina Elisa Bautista added to party Joel B. Weinberg(pty:rc)) (Bautista, Cristina) |
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Filing 61
(1) ORDER APPOINTING PERMANENT RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID OF RECEIVER by Magistrate Judge Suzanne H. Segal, re Notice of Lodging,, #60 . IT IS ORDERED that Joel B. Weinberg ("Receiver") be and is hereby appointed permanent receiver over the Personal Property (as defined hereinafter) of defendant Bonert's Incorporated ("Bonert's") in this action, subject to the condition that the Receiver's bond in the amount of $1,000.00 is maintained at all times throughout his appointment as receiver in this action. IT IS FURTHER ORDERED that Plaintiff's posted bond in the amount of $1,000.00 shall be maintained at all times throughout the Receiver's appointment as receiver in this action, pursuant to Federal Rules of Civil Procedure, Rule 65(c). (See document for further details). (mr)
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| Filing 60 NOTICE OF LODGING filed of [Amended Proposed] (1) Order appointing Permanent Receiver; and (2) Preliminary Injunction in Aid of Receiver re EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 , Order on Motion to Appoint Receiver,,,,, #24 (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 59 NOTICE of Entry of ACF FINCO I LP. (Spector, Steven) |
| Filing 58 NOTICE OF LODGING filed Proposed: (1) Order Appointing Permanent Receiver; and (2) Preliminary Injunction in Aid of Receiver re EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 , Order on Motion to Appoint Receiver,,,,, #24 (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 57 NOTICE ACF FINCO I LP. (Spector, Steven) |
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Filing 56
MINUTE ORDER (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE by Magistrate Judge Suzanne H. Segal: Based upon the representations in the September 2, 2016 Status Report, the Court ORDERS that 1) the Scheduling Conference set for September 13, 2016 is vacated as unnecessary; and 2) the parties are relieved of their initial disclosure and discovery plan obligations under Federal Rule of Civil Procedure 26. (mr)
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| Filing 55 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 54 STATUS REPORT filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 53 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 52 NOTICE Notice of Issuance of Receiver's Certificate No. 2 filed by Receiver Joel B. Weinberg. (Spector, Steven) |
| Filing 51 NOTICE Notice of Issuance of Receiver's Certificate No. 1 filed by Receiver Joel B. Weinberg. (Spector, Steven) |
| Filing 50 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 49 REPLY filed by Plaintiff ACF FINCO I LP (Attachments: #1 Exhibit, #2 Exhibit, #3 Proof of Service)(Spector, Steven) |
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Filing 48
ORDER APPROVING STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL by Magistrate Judge Suzanne H. Segal, re Notice of Lodging #44 . IT IS ORDERED that the Receiver is authorized to disburse the Sales Proceeds (as that term is defined in the Stipulation) to Plaintiff. (See document for further details). (mr)
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Filing 47
ORDER MODIFYING SCHEDULING CONFERENCE REQUIREMENTS by Magistrate Judge Suzanne H. Segal, re Stipulation to Reschedule #39 . IT IS ORDERED that the Stipulation is approved. IT IS FURTHER ORDERED that the parties shall not be required to conduct the in-person Rule 26(f) meeting of counsel or file a Joint Rule 26(f) Report. Instead, the parties and the Receiver shall jointly file a Status Report, by no later than five (5) court days prior to the Scheduling Conference. The Status Report shall contain a summary of the current status of this matter and of the Receiver's efforts to collect and liquidate the assets of the receivership estate along with an estimated timeline (to the extent reasonably possible) of anticipated future events and/or proceedings related thereto. (mr)
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Filing 46
ORDER APPROVING STIPULATION RE PAYMENT OF DEFENDANT'S LEGAL FEES by Magistrate Judge Suzanne H. Segal, re Notice of Lodging #42 . Upon consideration of the Stipulation Re Payment of Defendant's Legal Fees ("Stipulation") between Plaintiff ACF FinCo I LP ("Plaintiff"), Defendant Bonert's Incorporated ("Defendant"), Receiver Joel B. Weinberg ("Receiver") and Fredman, Lieberman and Pearl LLP and the Law Offices of Greg Yaris (collectively, "Counsel") as well as the Declaration of Joel B. Weinberg In Support of [Proposed] Order Approving Stipulation Re Payment of Defendant's Legal Fees, on file herein, and good cause appearing therefor: IT IS ORDERED that the Stipulation is approved. (mr)
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| Filing 45 DECLARATION of JOEL B. WEINBERG re Notice of Lodging #44 DECLARATION OF JOEL B. WEINBERG IN SUPPORT OF [PROPOSED] ORDER APPROVING STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL filed by Receiver Joel B. Weinberg. (Spector, Steven) |
| Filing 44 NOTICE OF LODGING filed NOTICE OF LODGING OF [PROPOSED] ORDER APPROVING STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL re Stipulation for Hearing #29 (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 43 DECLARATION of JOEL B. WEINBERG re Notice of Lodging #42 DECLARATION OF JOEL B. WEINBERG IN SUPPORT OF [PROPOSED] ORDER APPROVING STIPULATION RE PAYMENT OF DEFENDANT'S LEGAL FEES filed by Receiver Joel B. Weinberg. (Spector, Steven) |
| Filing 42 NOTICE OF LODGING filed NOTICE OF LODGING OF [PROPOSED] ORDER APPROVING STIPULATION RE PAYMENT OF DEFENDANT'S LEGAL FEES re Stipulation for Attorney Fees #28 (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 41 NOTICE of Appearance filed by attorney June T Monroe on behalf of Interested Parties Peterson Farms, Inc., Jewel Apple, Inc., Fruitrade International, Inc., Milne Fruit Products Inc., Wawona Frozen Foods (Attorney June T Monroe added to party Peterson Farms, Inc.(pty:ip), Attorney June T Monroe added to party Jewel Apple, Inc.(pty:ip), Attorney June T Monroe added to party Fruitrade International, Inc.(pty:ip), Attorney June T Monroe added to party Milne Fruit Products Inc.(pty:ip), Attorney June T Monroe added to party Wawona Frozen Foods(pty:ip))(Monroe, June) |
| Filing 40 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 39 STIPULATION to Reschedule To Modify Scheduling Conference Requirements filed by Plaintiff ACF FINCO I LP. (Attachments: #1 Proposed Order)(Spector, Steven) |
| Filing 38 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 37 PROOF OF SERVICE filed by Plaintiff ACF FINCO I LP, re Order on Motion to Appoint Receiver,,,,, #24 served on 8-18-16. (Spector, Steven) |
| Filing 36 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 35 PROOF OF SERVICE ACF FINCO I LP, (Spector, Steven) |
| Filing 34 NOTICE ACF FINCO I LP. (Spector, Steven) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Nancy Franco counsel for Interested Party Empire Container Corporation dba Empire Packaging and Displays. Filed by Interested Party Empire Container Corporation dba Empire Packaging & Displays. (Attorney Nancy Franco added to party Empire Container Corporation dba Empire Packaging and Displays(pty:ip))(Franco, Nancy) |
| Filing 32 PROOF OF SERVICE filed by PLAINTIFF ACF FINCO I LP, re Stipulation for Hearing #29 PROOF OF SERVICE OF STIPULATION RE TURNOVER OF PROCEEDS OF COLLATERAL DOCKET NO. 29 FILED ON 8/4/16 served on 8/4/16. (Spector, Steven) |
| Filing 31 NOTICE of Appearance filed by attorney Caroline Renee Djang on behalf of Interested Party Priority Business Services, Inc. (Attorney Caroline Renee Djang added to party Priority Business Services, Inc.(pty:ip))(Djang, Caroline) |
| Filing 30 NOTICE ACF FINCO I LP. (Spector, Steven) |
| Filing 29 STIPULATION for Hearing re Stipulation re Turnover of Proceeds of Collateral filed by Plaintiff ACF FINCO I LP.(Spector, Steven) |
| Filing 28 STIPULATION for Attorney Fees in the amount of $Stipulation re Payment of Defendant's Legal Fees filed by Plaintiff ACF FINCO I LP.(Spector, Steven) |
| Filing 27 Receiver's Bond re: Notice (Other) #25 (Spector, Steven) |
| Filing 26 NOTICE filed by Plaintiff ACF FINCO I LP. Plaintiff's Temporary Restraining Order and Preliminary Injunction Bond (Spector, Steven) |
| Filing 25 NOTICE Receiver's 1. Acceptance of Appointment; 2. Oath; and 3. Contact Information Joel B. Weinberg. (Spector, Steven) |
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Filing 24
(1) ORDER APPOINTING TEMPORARY RECEIVER AND ORDER TO SHOW CAUSE WHY A PERMANENT RECEIVER SHOULD NOT BE APPOINTED, AND (2) TEMPORARY RESTRAINING ORDER IN AID OF RECEIVER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION IN AID OF RECEIVER SHOULD NOT BE ISSUED by Magistrate Judge Suzanne H. Segal: Granting #15 EX PARTE APPLICATION to Appoint Receiver. IT IS ORDERED that Joel B. Weinberg ("Receiver") be and is hereby appointed temporary receiver over the Personal Property (as defined hereinafter) of defendant Bonert's Incorporated ("Bonert's") in this action, subject to the condition that before entering upon his duties as the receiver, he shall take the oath and file a bond with a surety thereon approved by this Court in the sum of $1000.00 to secure the faithful performance of his duties as the receiver. IT IS FURTHER ORDERED that Plaintiff post a bond in the amount of $1,000.00 pursuant to Federal Rules of Civil Procedure, Rule 65(c). IT IS FURTHER ORDERED that Bonert's shall (and any interested third parties may) appear in Courtroom 590, located at 255 East Temple Street, Los Angeles, CA 90012-3332 on September 13, 2016, at 10:00 a.m., or as soon thereafter as the matter can be heard, and then and there show cause, if any they have, why the Receiver should not be appointed on a permanent basis and why a preliminary injunction in aid of the Receiver should not be issued. (See document for further details). (mr)
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| Filing 23 NOTICE Notice of Entry of Standing Order filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 22 NOTICE Notice of Entry of Order Setting Matter for a Scheduling Conference filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff ACF FINCO I LP, re Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Notice of Lodging #10 , Declaration #11 , Intradistrict Transfer - Clerical Error (G-73) - optional html form, #5 , Initial Order upon Filing of Complaint - form only #9 , Consent to Proceed (CV-11D) before US Magistrate Judge Voluntary Program, #12 , Order #13 , Certificate/Notice of Interested Parties #4 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, #14 served on 07-28-16. (Spector, Steven) |
| Filing 20 PROOF OF SERVICE filed by Plaintiff ACF FINCO I LP, re Declaration (Motion related), #19 , Declaration (Motion related), #18 , Statement (Motion related),, #16 , EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 , Declaration (Motion related), #17 served on 07-26-16. (Spector, Steven) |
| Filing 19 DECLARATION of Steven M. Spector in Support of, EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 18 DECLARATION of John Neher in Support of, EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 17 DECLARATION of Joel B. Weinberg EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 16 STATEMENT EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order #15 Consent of Defendant Bonert's Incorporated to Relief Sought by Plaintiff's Ex Parte Application for (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed; and (2) Temporary Restraining Order in Aid of Receiver and Order to Show Cause Why a Preliminary Injunction in Aid of Receiver Should Not be Issued and Fixing of Surety Bonds filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 15 EX PARTE APPLICATION to Appoint Receiver Ex Parte Application for: (1) Order Appointing Temporary Receiver and Order to Show Cause Why a Permanent Receiver Should not be Appointed, and (2) Temporary Restraining Order in Aid of Receiver and Order to Show Cause Why a Preliminary Injunction in Aid of Receiver Should Not be Issued; Memorandum of Points and Authorities; and Declarations of Joel B. Weinberg, John Neher, and Steven M. Spector in Support Thereof filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
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Filing 14
MINUTE ORDER (IN CHAMBERS) ORDER SETTING MATTER FOR A SCHEDULING CONFERENCE by Magistrate Judge Suzanne H. Segal: The Court sets this matter for a Scheduling Conference on Tuesday, September 13, 2016, at 10:00 a.m. in Courtroom 590 of the Roybal Building. (mr)
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Filing 13
STANDING ORDER by Magistrate Judge Suzanne H. Segal. This action has been assigned to the calendar of Judge Suzanne H. Segal. (See document for details). (mr)
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| Filing 12 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 12-01 is approved by District Judge Josephine L. Staton and Magistrate Judge Suzanne H. Segal. This case is hereby reassigned to Magistrate Judge Suzanne H. Segal for all further proceedings. Case number will now read 8:16-cv-01310 SS. (rn) |
| Filing 11 DECLARATION of Steven M. Spector re Notice of Lodging #10 Declaration of Steven M. Spector in Support of Statement of Consent to Proceed Before a United States Magistrate Judge filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 10 NOTICE OF LODGING filed Notice of Lodging of Statement of Consent to Proceed Before a United States Magistrate Judge re Complaint (Attorney Civil Case Opening) #1 (Attachments: #1 Exhibit)(Spector, Steven) |
| Filing 9 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON. (tg) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Bonerts Incorporated. (et) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Karen E. Scott. (et) |
| Filing 5 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Josephine L. Staton for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Karen E. Scott. New Case Number 8:16-cv-01310-JLS (KESx). (et) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff ACF FINCO I LP, (Spector, Steven) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff ACF FINCO I LP. (Spector, Steven) |
| Filing 1 COMPLAINT Receipt No: 0973-18179928 - Fee: $400, filed by Plaintiff ACF FINCO I LP. (Attachments: #1 Part 2, #2 Part 3) (Attorney Steven M Spector added to party ACF FINCO I LP(pty:pla))(Spector, Steven) |
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