In Re John Olaf Halvorson
| John Olaf Halvorson |
| Weneta M. A. Kosmala, Dan Halvorson and Jerry Ann Randall |
| Grace Baek, Baek 153, LLC, Richard Baek and Pacific Commercial Group, LLC |
| 8:2018cv00143 |
| January 25, 2018 |
| US District Court for the Central District of California |
| James V Selna |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 43 NOTICE Transcript Designation filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. (Attachments: #1 Supplement Designation of Bankruptcy Court Transcripts, #2 Proof of Service)(Matin, Ali) |
| Filing 42 STATEMENT of Issues on Appeal re: Notice of Appeal to 9th Circuit Court of Appeals, #38 . (Matin, Ali) |
| Filing 41 DESIGNATION of Record on Appeal by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC re #38 (Matin, Ali) |
| Filing 40 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-55816 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #38 as to Appellant Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. (es) |
Filing 39
MINUTE ORDER (IN CHAMBERS) by Judge James V. Selna: Case should have been closed on entry #37 dated July 3, 2019. (Made JS-6. Case Terminated.) (es)
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| Filing 38 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,, #37 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24081789.) (Katzman, Steven) |
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Filing 37
MINUTE ORDER (IN CHAMBERS) Order Regarding Appeal of Bankruptcy Court Order Denying Recusal and Disclosure of Ex Parte Communications by Judge James V. Selna: Appellants Grace Baek, Richard Baek, Baek 153, LLC, and Pacific Commercial Group, LLC (collectively, "Appellants") appeal an order issued by the Bankruptcy Court denying Appellants' emergency motion for recusal and disclosure of ex parte communications ("Motion"). Docket Nos. 1, 5. Appellants filed an opening brief. Docket No. 19. Appellees Dan Halvorson, Jerry Ann Randall, and Trustee Weneta A. Kosmala ("Trustee") (collectively, "Appellees") filed responsive briefs. Docket Nos. 21, 28.1 Appellants filed briefs in reply. Docket Nos. 23, 31. For the following reasons, the Court affirms the decision below. (es)
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| Filing 36 NOTICE OF FILING TRANSCRIPT filed for proceedings 6-24-19 1:41 p.m. re Transcript #35 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
| Filing 35 TRANSCRIPT for proceedings held on 6-24-19 1:41 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/25/2019. (Seffens, Sharon) |
| Filing 34 TRANSCRIPT ORDER as to Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC for Court Reporter. Court will contact Carolyn Howland at chowland@bienertkatzman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Matin, Ali) |
| Filing 33 MINUTES OF Appeal of Bankruptcy Court Order Denying Recusal and Disclosure of Ex Parte Communications Hearing held before Judge James V. Selna: Matter argued and taken under submission. Court Reporter: Sharon Seffens. (lb) |
| Filing 32 [IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, due to calendar congestion, the Bankruptcy Appeal Hearing previously set for 06/03/2019 at 1:30 pm is continued to 6/24/2019 at 1:30 pm before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
| Filing 31 REPLY filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC to Appellees Reply Brief #28 , Appellants Opening Brief, #19 (Kveton, Kyle) |
| Filing 30 JOINDER filed by Appellees Dan Halvorson, Jerry Ann Randall joining in Appellees Reply Brief #28 . (Bowie, Peter) |
| Filing 29 JOINDER filed by Appellee John Olaf Halvorson, In re Debtor John Olaf Halvorson joining in Appellees Reply Brief #28 . (Forsythe, Marc) |
| Filing 28 APPELLEES REPLY BRIEF filed by Appellee Weneta M. A. Kosmala. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3)(Golden, Jeffrey) |
| Filing 27 NOTICE OF FILING TRANSCRIPT filed for proceedings 3-25-19 1:56 p.m. re Transcript #26 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
| Filing 26 TRANSCRIPT for proceedings held on 3-25-19 1:56 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/17/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/25/2019. (Seffens, Sharon) |
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Filing 25
PROCEEDINGS: (IN CHAMBERS) MINUTE ORDER Regarding Recusal Appeal by Judge James V. Selna: Accordingly, the briefing schedule for this appeal is modified as follows: Deadline for appellees to file responsive briefs April 29, 2019, Deadline for appellants to file reply briefs May 20, 2019, Hearing on this appeal June 3, 2019 at 1:30 p.m. IT IS SO ORDERED. #24 (yl)
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Filing 24
MINUTES (IN CHAMBERS) Minute Order Regarding Motion to Extend the Deadline for Appellees to File Briefs #20 by Judge James V. Selna: The Court finds that good cause exists to extend the appellees' filing deadline, and that no prejudice will result to appellants. The deadline for appellees to file responsive briefs is extended to April 29, 2019. Appellants will have until May 6, 2019 to file a reply brief. The hearing for this appeal is continued to May 13, 2019. The March 25, 2019 hearing for this motion is vacated. Fed. R. Civ. P. 78; L.R. 7-15. (SEE DOCUMENT FOR FURTHER INFORMATION) (es)
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| Filing 23 APPELLANTS REPLY BRIEF filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. (Katzman, Steven) |
| Filing 22 Opposition in opposition to re: NOTICE OF MOTION AND MOTION for Extension of Time to File Briefs #20 filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. (Matin, Ali) |
| Filing 21 APPELLEES REPLY BRIEF filed by Appellees Dan Halvorson, Jerry Ann Randall. (Attachments: #1 Excerpts of Record, #2 Excerpts of Record (Volume 1))(Bowie, Peter) |
| Filing 20 NOTICE OF MOTION AND MOTION for Extension of Time to File Briefs filed by Trustee of the Bankruptcy Estate of John O. Halvorson Weneta M. A. Kosmala. Motion set for hearing on 3/25/2019 at 01:30 PM before Judge James V. Selna. (Golden, Jeffrey) |
| Filing 19 APPELLANTS OPENING BRIEF filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. (Attachments: #1 Excerpts of Record, #2 Excerpts of Record (Volume 1), #3 Excerpts of Record (Volume 2), #4 Excerpts of Record (Volume 3), #5 Excerpts of Record (Volume 4))(Katzman, Steven) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Kyle Kveton counsel for Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. Adding Kyle Kveton as counsel of record for Grace Baek, Richard Baek, Baek 153, LLC and Pacific Commercial Group LLC for the reason indicated in the G-123 Notice. Filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC and Pacific Commercial Group LLC. (Attorney Kyle Kveton added to party Grace Baek(pty:a), Attorney Kyle Kveton added to party Richard Baek(pty:a), Attorney Kyle Kveton added to party Baek 153, LLC(pty:a), Attorney Kyle Kveton added to party Pacific Commercial Group, LLC(pty:a))(Kveton, Kyle) |
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Filing 17
MINUTE ORDER [IN CHAMBERS] ORDER SETTING BRIEFING SCHEDULE AND HEARING by Judge James V. Selna: The Court ORDERS the Appellant(s) to file their opening brief by February 25, 2019. Appellee(s) shall file a responsive brief by March 4, 2019 and appellant(s) shall file any reply by March 11, 2019. The Court sets a hearing in this matter for March 25, 2019 at 1:30 PM. (es)
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| Filing 16 (IN CHAMBERS) The Court hereby vacates the Clerk's Notice Re: Bankruptcy Record Complete #15 , and briefing schedule therein, pending the resolution of the jurisdictional issues being addressed as indicated in the Court's Minutes at docket number #13 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
| Filing 15 NOTICE RE: BANKRUPTCY RECORD COMPLETE. Please note, pursuant to Federal Rule of Bankruptcy Procedure 8010(b)(3), this Court has received from the Clerk of the Bankruptcy Court either the record for the above-captioned appeal or notice that the record is available electronically. The parties are responsible for reading and complying with all requirements, including briefing, provided in this notice. Appellant must serve and file a brief by 11/16/2018. (twdb) |
| Filing 14 Notice of Bankruptcy Appeal Record Availability Certificate of Readiness, re Amended Notice of Appeal from Bankruptcy Court Order/Judgment #5 . (twdb) |
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Filing 13
MINUTE ORDER (IN CHAMBERS) Order Discharging Order to Show Cause in SACV 18-00143 and Directing Stipulation to be Submitted by Judge James V. Selna: The Court discharges the Order to Show cause in Baek v. Halvorson, Case No. SACV 18-143, and orders that the appeal be held in abeyance pending further order of the Court. See order for further details. (es)
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| Filing 12 RESPONSE filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLCto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #11 (Bienert, Thomas) |
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Filing 11
MINUTES [IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge James V. Selna: The Court, on its own motion, hereby ORDERS appellant(s)to show cause in writing no later than September 28, 2018 why this action should not be dismissed for lack of prosecution. (es)
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| Filing 10 NOTICE Notice of Ruling in US Court of Appeals, 9th Circuit Case No. 18-70330 filed by Defendant John Olaf Halvorson. with proof of service (Forsythe, Marc) |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 8:17-cv-02024 JVS. Case transferred from Judge Michael W. Fitzgerald to Judge James V. Selna for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:18-cv-00143 JVS. Signed by Judge James V. Selna (rn)
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| Filing 8 NOTICE of Interested Parties filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, identifying Weneta M. Kosmala, John O. Halvorson, Dan L. Halvorson and Jerry Ann Randall. (Matin, Ali) |
| Filing 7 NOTICE of Related Case(s) filed by Appellants Grace Baek, Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC. Related Case(s): 8:17-cv-02024-JVS and 8:17-cv-02025-JVS (Matin, Ali) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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Filing 5
AMENDED NOTICE OF APPEAL AND STATEMENT OF ELECTION: Re: Order Denying Emergency Motion to Recuse Bankruptcy Judge Mark Wallace Under 28 U.S.C. 455 and (ii) Request that judge Wallace Disclose all Ex Parte Communications Consistent with Judicial Canons and 28 U.S.C. 455 entered on 1/23/2018 by Bankruptcy Judge Mark S Wallace, filed in the Bankruptcy Court on 1/24/2018. Bankruptcy Court case number: 8:15-bk-13556-MW, Adversary number: N/A, BAP case number: N/A., filed by appellants Pacific Commercial Group, LLC, Grace Baek, Baek 153, LLC, Richard Baek. (Attachments: #1 BK Court Docket Sheet) (ghap)
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| Filing 4 NOTICE OF BANKRUPTCY APPEAL DOCUMENT DISCREPANCY regarding The Notice of Appeal does not conform substantially with the Notice of Appeal and Statement of Election (Official Form 417A) and Does not include the entered date of order, judgment, or decree forwarded to Judge Michael W. Fitzgerald. (ghap) |
| Filing 3 NOTICE REGARDING APPEAL FROM BANKRUPTCY COURT. The appeal has been assigned to Judge Michael W. Fitzgerald. Refer to the Notice for specifics. (ghap) |
| Filing 2 NOTICE OF REFERRAL OF APPEAL (ADVERSARY) prepared by the United States Bankruptcy Court on 1/23/2018. (ghap) |
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Filing 1
NOTICE OF APPEAL AND STATEMENT OF ELECTION: Re: copy of order, judgment or decree is not included by Bankruptcy Judge Mark S Wallace, filed in the Bankruptcy Court on 1/22/2018. Bankruptcy Court case number: 8:15-bk-13556-MW, Adversary number: N/A, BAP case number: N/A., filed by appellants Pacific Commercial Group, LLC, Grace Baek, Baek 153, LLC, Richard Baek. (Attachments: #1 BK Court Docket Sheet) (ghap) Modified on 1/29/2018 (ghap).
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