Securities and Exchange Commission v. Vassallo et al
| Securities and Exchange Commission |
| Equity Investment Management and Trading, Inc., Kenneth Kenitzer and Anthony Vassallo |
| United States of America |
| Michael J. Callahan, Concettina Ferentz, Vestium Management Group, LLC, Elevate Communications, LLC, Arcanum Equity Fund, LLC and Melissa McLeod |
| Stephen E. Anderson |
| 2:2009cv00665 |
| March 11, 2009 |
| US District Court for the Eastern District of California |
| Securities/Commodities Office |
| El Dorado |
| Deborah Barnes |
| John A Mendez |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| Defendant |
Docket Report
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Filing 557
ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Kendall J. Newman* to Magistrate Judge Deborah Barnes for all further proceedings. (Jackson, T)
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| SERVICE BY MAIL: #557 Order Reassigning Newly Appointed Magistrate Judge served on Michael J. Callahan. (Jackson, T) |
| Filing 556 NOTICE Receiver's Notice of Completion of Follow-On Distribution by Stephen E. Anderson. (Dupree, Jamie) |
| SERVICE BY MAIL: #555 Order, #554 Order served on Michael J. Callahan. (Kaminski, H) |
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Filing 555
ORDER GRANTING #550 Receiver's Ninth Application for Fees and Costs signed by Judge John A. Mendez on 12/16/15. (Kaminski, H)
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Filing 554
ORDER APPROVING RECEIVER'S TENTH AND FINAL INTERIM REPORT signed by Judge John A. Mendez on 12/16/15: (Kaminski, H)
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| Filing 553 AMENDED PROPOSED Order Approving Receiver Stephen E. Anderson's Tenth and Final Interim Report Filed on November 13, 2015, Discharging Receiver and Exonerating His Bond re #551 Notice, by Stephen E. Anderson. (Dupree, Jamie) Modified on 12/11/2015 (Kastilahn, A). |
| Filing 552 MINUTE ORDER: The hearing on the motion(s) now calendared for December 16, 2015 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) |
| Filing 551 NOTICE of Filing of Tenth and Final Report of Receiver by Stephen E. Anderson re #550 Application. (Attachments: #1 Notice of Hearing to Approve Receiver Stephen E. Anderson's Tenth and Final Report Filed on November 13, 2015, #2 Tenth and Final Report of Receiver, #3 Exhibit to Final Report of Receiver, #4 Proposed Order, #5 Proof of Service)(Dupree, Jamie) Modified on 11/16/2015 (Becknal, R). |
| Filing 550 APPLICATION for Receiver's Ninth Application for Fees and Costs by Stephen E. Anderson. (Attachments: #1 Memorandum in Support, #2 Declaration of Stephen E. Anderson, #3 Exhibit A-G, #4 Declaration of Jamie L. Dupree, #5 Exhibit H, #6 Proposed Order, #7 Proof of Service, #8 Proof of Service to Investors)(Dupree, Jamie) Modified on 11/16/2015 (Becknal, R). |
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Filing 549
ORDER REASSIGNING CASE by Chief Judge Morrison C. England, Jr.: Due to the elevation of Magistrate Judge Dale A. Drozd to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Kendall J. Newman*. (Zignago, K.)
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| SERVICE BY MAIL: #549 Order Reassigning Magistrate Judge served on Michael J. Callahan. (Zignago, K.) |
| Filing 548 USCA MANDATE as to #522 Notice of Appeal (14-16647): The judgment of this Court, entered 6/9/2015, takes effect this date. (Michel, G.) |
| Filing 547 USCA ORDER as to #522 Notice of Appeal filed by Michael J. Callahan ORDERING that The decision of the District Court is AFFIRMED. (Mena-Sanchez, L) |
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Filing 546
ORDER signed by Judge John A. Mendez on 6/3/2015 ORDERING #544 Receiver's distribution plan is hereby APPROVED #542 ; Receiver is hereby directed to disburse the $1,150,000.00 in funds in conformity with the approved distribution plan using the method described in his moving papers. [ 545 ] (Reader, L)
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| Filing 545 MINUTES (Text Only) for proceedings before Judge John A. Mendez: MOTION HEARING held on 6/3/2015 ; Motions terminated: #542 MOTION Approval of Equitable Distribution Plan filed by Stephen E. Anderson ; granting #542 Motion. Court signed order. Plaintiffs Counsel S. LaMarca present. Defendants Counsel J. Dupree for receiver present. Court Reporter: K. O'Halloran. (Vine, H) |
| SERVICE BY MAIL: #546 Order, served on Michael J. Callahan. (Reader, L) |
| Filing 544 REPLY in support of #542 Motion for Approval of Equitable Distribution Plan by Stephen E. Anderson. (Attachments: #1 Amended Notice of Hearing, #2 Declaration of Stephen E. Anderson, #3 Amended Proposed Order, #4 Proof of Service, #5 Additional Proof of Service) (Dupree, Jamie) Modified on 5/14/2015 (Michel, G.). |
| Filing 543 MINUTE ORDER: Receiver Stephen E. Anderson (Receiver) filed a motion for approval of an equitable distribution plan [Doc. #542 ]. The hearing date for this matter is hereby reset for June 3, 2015, at 9:30 a.m., in Courtroom 6. Receiver shall notify all appropriate parties of this scheduling change. IT IS SO ORDERED. (TEXT ONLY ENTRY)(Rivas, A) |
| SERVICE BY MAIL: 543 Minute Order served on Michael J. Callahan. (Rivas, A) |
| Filing 542 MOTION For Approval of Equitable Distribution Plan by Stephen E. Anderson. Motion Hearing set for 5/20/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Stephen E. Anderson, #3 Declaration of Jamie L. Dupree, #4 Proposed Order, #5 Proof of Service to Callahan, #6 Proof of Service to Investors)(Dupree, Jamie) Modified on 4/20/2015 (Meuleman, A). |
| Filing 541 NOTICE of Hearing on Receiver's Motion For Approval of Equitable Distribution Plan by Stephen E. Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Stephen E. Anderson, #3 Declaration of Jamie L. Dupree, #4 Proposed Order, #5 Proof of Service to Michael Callahan, #6 Proof of Service to Investors)(Dupree, Jamie) Modified on 4/20/2015 (Meuleman, A). |
| Filing 540 USCA APPEAL FEES received in the amount of $ 505.00 (Receipt # CAE200066180) from Michael J. Callahan on 4/10/2015 in USCA Case Number #14-16647 re #522 Notice of Appeal filed by Michael J. Callahan. (Reader, L) |
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Filing 539
ORDER signed by Judge John A. Mendez on 12/17/14 APPROVING Receiver Stephen Anderson's Ninth Interim Report. (Manzer, C)
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Filing 538
ORDER signed by Judge John A. Mendez on 12/17/14 GRANTING Receiver's Eighth Application for Fees and Costs. (Manzer, C)
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| SERVICE BY MAIL: #539 Order, #538 Order served on Michael J. Callahan. (Manzer, C) |
| Filing 537 MINUTES (Text Only) for proceedings held before Judge John A. Mendez: MOTION HEARING held on 12/17/2014 re #535 Notice - Other, filed by Stephen E. Anderson, #534 Application, filed by Stephen E. Anderson, Motions terminated. Court granted and signed orders. Counsel for receiver - J. Touchstone present. Court Reporter: K. Swinhart. (Vine, H) |
| Filing 536 CERTIFICATE of SERVICE by Stephen E. Anderson re #535 Notice - Other, #534 Application,. (Dupree, Jamie) |
| Filing 535 NOTICE of Filing of Receiver's 9th Interim Report by Stephen E. Anderson re #534 Application,. (Attachments: #1 Notice of Hearing to Approve Receiver's 9th Interim Report, #2 Receiver's 9th Interim Report, #3 Proposed Order, #4 Proof of Service)(Dupree, Jamie) |
| Filing 534 EIGHTH APPLICATION for Fees and Costs by Stephen E. Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Stephen Anderson, #3 Exhibit A - G of Anderson Declaration, #4 Declaration of Jamie Dupree, #5 Exhibit H of Dupree Declaration, #6 Proposed Order, #7 Proof of Service)(Dupree, Jamie) Modified on 11/18/2014 (Mena-Sanchez, L). |
| Filing 533 CERTIFICATE of SERVICE by Securities and Exchange Commission re #531 Status Report. (LaMarca, Susan) |
| Filing 532 CERTIFICATE of SERVICE by Securities and Exchange Commission. (LaMarca, Susan) |
| Filing 531 STATUS REPORT by Securities and Exchange Commission. (Attachments: #1 Certificate of Service)(LaMarca, Susan) |
| Filing 530 CERTIFICATE of SERVICE by Securities and Exchange Commission. (LaMarca, Susan) |
| Filing 529 NOTICE of Withdrawal of Counsel by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Farnham-GOVT, Lloyd) |
| Filing 528 The case notifications for respondent Concettina Ferentz's counsel are bouncing back to the court as undeliverable. Documents will be served in paper on counsel Alan Geraci. Alan Garaci is DIRECTED to notify the court of his current email address, pursuant to local rules. (TEXT ONLY ENTRY) (Donati, J) |
| SERVICE BY MAIL: #527 Civil New Case Documents for JAM, 528 Clerk's Notice served on Michael J. Callahan, Alan Louis Geraci. (Donati, J) |
| Filing 527 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Donati, J) |
| SERVICE BY MAIL: #527 Civil New Case Documents for JAM served on Michael J. Callahan. (Donati, J) |
| Filing 526 TRANSCRIPT REQUEST by Michael J. Callahan for proceedings held on 1/22/2010 (Pre-Hearing Tele-Conference) and 3/29/2010 - 3/30/2010 (Evidentiary Hearing) before Magistrate Judge Dale A. Drozd pursuant to #522 Notice of Appeal. (Attachments: #1 Notice of Designation of Record, #2 Certificate of Service) (Marciel, M) |
| Filing 525 USCA CASE NUMBER 14-16647 for #522 Notice of Appeal filed by Michael J. Callahan. (Michel, G) |
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Filing 524
ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of *Lawrence K. Karlton* to the bench of the Eastern District, this action is reassigned to *Judge John A. Mendez* for all further proceedings. (Michel, G)
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| SERVICE BY MAIL: #524 Order Reassigning Judge served on Michael J. Callahan. (Michel, G) |
| Filing 523 APPEAL PROCESSED to Ninth Circuit re #522 Notice of Appeal filed by Michael J. Callahan. Notice of Appeal filed *8/20/2014*, Complaint filed *3/11/2009* and Appealed Order / Judgment filed *7/22/2014*. Court Reporter: *C. Bodene*. *Fee Status: Not Paid - Billed* Bill for fees due sent to *Michael J. Callahan* (Attachments: #1 Appeal Information, #2 Bill for Appeal Fee) (Michel, G) |
| Filing 522 NOTICE OF APPEAL re #518 Order on Motion to Vacate by Michael J. Callahan. (Michel, G) |
| SERVICE BY MAIL: #523 Appeal Processed to USCA served on Michael J. Callahan. (Michel, G) |
| Filing 521 CERTIFICATE of SERVICE by Securities and Exchange Commission re #514 Judgment. (Farnham-GOVT, Lloyd) |
| Filing 520 REPLY MEMORANDUM of respondent Michael J. Callahan. (Attachments: #1 Declaration of Michael Callahan, #2 Lodged - Proposed Order granting Motion to Vacate Order of Disgorgement, #3 Certificate of Service) (Marciel, M) |
| Filing 519 EX PARTE APPLICATION by Michael J. Callahan for leave to exceed brief length limitation under case management rules. (Attachments: #1 Points and Authorities, #2 Declaration of Michael Callahan, #3 Proposed Order)(Reader, L) |
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Filing 518
ORDER signed by Judge Lawrence K. Karlton on 7/21/14 DENYING #501 Motion to Vacate. (Meuleman, A)
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| SERVICE BY MAIL: #518 Order on Motion to Vacate served on Michael J. Callahan. (Meuleman, A) |
| Filing 517 CERTIFICATE of SERVICE by Securities and Exchange Commission re #516 Notice - Other. (LaMarca, Susan) |
| Filing 516 NOTICE of withdrawal of counsel by Securities and Exchange Commission. Attorney LaMarca, Susan Frances added. (LaMarca, Susan) Modified on 7/16/2014 (Zignago, K.). |
| Filing 515 OPPOSITION by Stephen E. Anderson to #501 Motion to Vacate. (Attachments: #1 Declaration of Jamie L. Dupree and Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice, #3 Objections to 4/30/14 Callahan Declaration, 3/26/14 Tucker Declaration and Exhibits A, C and D to Callahan's Motion to Vacate, #4 Proposed Order, #5 Proof of Service)(Dupree, Jamie) Modified on 7/15/2014 (Zignago, K.). |
| Filing 514 AMENDED FINAL JUDGMENT AGAINST KENNETH KENITZER signed by Judge Lawrence K. Karlton on 7/8/2014. (Zignago, K.) |
| PARTY UPDATE: Kenneth Kenitzer terminated. (Zignago, K.) |
| SERVICE BY MAIL: #514 Judgment served on Michael J. Callahan. (Zignago, K.) |
| Filing 513 AMENDED [PROPOSED] Final Judgment Against Kenneth Kenitzer re #502 Motion for Final Judgment by Securities and Exchange Commission. (Farnham-GOVT, Lloyd) Modified on 7/9/2014 (Mena-Sanchez, L). |
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Filing 512
ORDER signed by Judge Lawrence K. Karlton on 7/1/14. The Commission shall file, within 14 days of this order, either (1) an amended proposed order that omits the Advisers Act sections, or (2) a supplemental memorandum of no more than 10 pages, setting forth this Court's authority to assess the requested Advisers Act penalty and injunctions.(Mena-Sanchez, L)
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| SERVICE BY MAIL: #512 Order, served on Michael J. Callahan. (Mena-Sanchez, L) |
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Filing 511
ORDER signed by Judge Lawrence K. Karlton on 7/1/2014 ORDERING #502 that Plaintiff's Motion for Final Judgment against Kenneth Kenitzer is taken under SUBMISSION and VACATES the hearing currently scheduled for 7/7/2014. (Reader, L)
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| SERVICE BY MAIL: #511 Order on Motion for Judgment served on Michael J. Callahan. (Reader, L) |
| Filing 510 SUPPLEMENTAL MEMORANDUM in support of #501 Motion to Vacate #347 Order Adopting Findings and Recommendations by Michael J. Callahan. (Attachments: #1 Litigant Letter) (Michel, G) |
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Filing 509
ORDER granting #505 Motion to Withdraw as Attorney signed by Judge Lawrence K. Karlton on 6/26/14: The time for the filing of a notice of appeal in this matter is extended 30 days to July 22, 2014. (Kaminski, H)
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| SERVICE BY MAIL: #509 Order on Motion to Withdraw as Attorney served on Michael J. Callahan. (Kaminski, H) |
| Filing 508 STIPULATION and PROPOSED ORDER for Hearing on Motion for Permission to Withdraw as Counsel of Record for Defendant Anthony Vassallo and Request that the Time for Anthony Vassallo to File a Notice of Appeal be Extended by Anthony Vassallo. (Blackmon, Clyde) |
| Filing 507 STATEMENT of NON-OPPOSITION by Securities and Exchange Commission to #505 Motion to Withdraw as Attorney and Request for Extension of Time file Notice of Appeal. (Farnham-GOVT, Lloyd) |
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Filing 506
ORDER signed by Judge Lawrence K. Karlton on 6/20/2014. Good cause appearing, it is ORDERED that time be shortened for Hearing of #505 Motion for Permission to Withdraw as Counsel of Record and Request extending time for defendant Anthony Vassallo to file a Notice of Appeal. It is further ORDERED that underlying Motion shall be heard on 7/7/2014 at 10:00 AM in Courtroom 4 (LKK). Any response to underlying Motion shall be filed by 6/30/2014. (Marciel, M)
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| SERVICE BY MAIL: #506 Order Shortening Time for Motion Hearing served on respondent Michael J. Callahan. (Marciel, M) |
| Filing 505 MOTION to WITHDRAW as ATTORNEY and REQUEST for EXTENSION of TIME to file Notice of Appeal by Anthony Vassallo. Motion Hearing set for 7/7/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Application for Order Shortening Time, #2 Proposed Order) (Blackmon, Clyde) Modified on 6/17/2014 (Becknal, R). |
| SERVICE BY MAIL: #503 Order, and #504 Judgment served on Michael J. Callahan. (Kastilahn, A) |
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Filing 504
FINAL JUDGMENT dated *5/23/14* entered against Anthony Vassallo pursuant to order signed by Judge Lawrence K. Karlton on 5/22/14. (Kastilahn, A)
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Filing 503
ORDER signed by Judge Lawrence K. Karlton on 5/22/14 ORDERING that the SEC's #488 Motion is GRANTED, with the detailed judgment issuing this day in the accompanying Final Judgment Against Anthony Vassallo. (Kastilahn, A)
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| Filing 502 MOTION for FINAL JUDGMENT against defendant Kenneth Kenitzer by Securities and Exchange Commission. Motion Hearing set for 7/7/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Declaration and Exhibits 1 - 4, #2 Proposed Order of Final Judgment, #3 Certificate of Service) (Farnham-GOVT, Lloyd) Modified on 5/19/2014 (Kastilahn, A). |
| Filing 501 MOTION to VACATE #347 Order Adopting Findings and Recommendations by Michael J. Callahan. Motion Hearing set for 7/28/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Zignago, K.) |
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Filing 500
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 3/6/14: #488 MOTION for JUDGMENT is submitted upon the record and briefs on file and the hearing scheduled for March 17, 2014 be vacated. (Kaminski, H)
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| Filing 499 STIPULATION and PROPOSED ORDER for Submitting on the record Motion for Final Judgment Against Defendant Anthony Vassallo by Securities and Exchange Commission. (Attachments: #1 Certificate of Service)(Farnham-GOVT, Lloyd) |
| Filing 498 REPLY by Securities and Exchange Commission to RESPONSE to #488 Motion for Final Judgment Against Defendant Anthony Vassallo. Attorney Farnham-GOVT, Lloyd A. added. (Attachments: #1 Certificate of Service)(Farnham-GOVT, Lloyd) Modified on 2/25/2014 (Zignago, K.). |
| Filing 497 OPPOSITION by Anthony Vassallo to #488 MOTION for JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B)(Blackmon, Clyde) Modified on 2/14/2014 (Zignago, K.). |
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Filing 496
ORDER signed by Judge Lawrence K. Karlton on 1/7/13: The time is extended to February 17, 2014, at 4:30 p.m., for defendant Anthony Vassallo to file his response to the plaintiff's motion for final judgment. HEARING as to #488 MOTION for JUDGMENT reset for 3/17/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
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| SERVICE BY MAIL: #496 Order, served on Michael J. Callahan. (Kaminski, H) |
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Filing 494
ORDER signed by Judge Lawrence K. Karlton on 12/9/2013 GRANTING #480 Receiver's Seventh Application for Fees and Costs. (Zignago, K.)
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Filing 493
ORDER signed by Judge Lawrence K. Karlton on 12/9/2013 APPROVING #482 Receiver's Eighth Interim Report. (Zignago, K.)
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| SERVICE BY MAIL: #493 Order and #494 Order served on Michael J. Callahan. (Zignago, K.) |
| Filing 495 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 12/9/2013 re #480 MOTION for Fees and Costs filed by Stephen E. Anderson, #483 Receiver's Seventh Application for Fees and Costs. Hearing no objections, the motions GRANTED. Receiver's Counsel Jamie Dupree present. Court Reporter: C. Bodene. (Rivas, A) Modified on 12/10/2013 (Rivas, A). |
| Filing 492 STATEMENT of NON-OPPOSITION by Securities and Exchange Commission to #480 MOTION for Fees and Costs. (Mitchell, Robert) |
| Filing 491 STIPULATION and PROPOSED ORDER for Unopposed Motion for Extension of Time by Defendant Anthony Vassallo to Respond to Plaintiff's Motion for Final Judgment by Anthony Vassallo. (Blackmon, Clyde) |
| Filing 490 MINUTE ORDER (TEXT ONLY) by Courtroom Deputy A. Rivas. Pursuant to the Receiver's Notice of Withdrawal #489 , the pending Motion for Disgorgement against defendant Anthony Vassallo #479 is TERMINATED. (Rivas, A) |
| Filing 489 WITHDRAWAL of #479 Motion for Disgorgemant against defendant Anthony Vassallo and Enter Judgment by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 488 MOTION for JUDGMENT Notice of Motion and Motion for Final Judgment Against Defendant Anthony Vassallo by Securities and Exchange Commission. Motion Hearing set for 1/13/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Declaration of Robert L. Mitchell, Exs. 1-4, #2 [Proposed] Final Judgment, #3 Certificate of Service)(Mitchell, Robert) |
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Filing 487
ORDER signed by Judge Lawrence K. Karlton on 11/13/13 ORDERING that the Receiver's #486 request for an extension of time to 11/22/2013 to file the supplemental briefing in response to the Court's Order #485 is GRANTED.The other terms of the Court's Order remain in full force and effect. (Kastilahn, A)
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| SERVICE BY MAIL: #487 Order served on Michael J. Callahan. (Kastilahn, A) |
| Filing 486 REQUEST for Order Granting Receiver's Request For Additional Time To File Supplemental Briefing by Stephen E. Anderson re #485 Order. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 485
ORDER signed by Judge Lawrence K. Karlton on 11/4/2013. The receiver shall, within 14 days of date of Order, file a Brief not to exceed 20 pages, addressing issues. (Marciel, M)
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| SERVICE BY MAIL: #485 Order served on respondent Michael J. Callahan. (Marciel, M) |
| Filing 484 CERTIFICATE of SERVICE by Stephen E. Anderson re #480 MOTION for Fees and Costs, #483 Notice - Other. (Dupree, Jamie) |
| Filing 483 NOTICE of Hearing to Approve Receiver's 8th Interim Report Filed on November 4th, 2013 by Stephen E. Anderson re #480 Application,, #482 Notice - Other. (Attachments: #1 Proposed Order, #2 Proof of Service)(Dupree, Jamie) |
| Filing 482 NOTICE of Filing of Receiver's 8th Interim Report by Stephen E. Anderson re #480 Application,,. (Attachments: #1 Receiver's 8th Interim Report)(Dupree, Jamie) |
| Filing 481 MINUTES (Text Only)for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 11/4/2013 re #479 MOTION for DISGORGEMENT filed by Stephen E. Anderson. After oral argument, the Receiver was instructed to file further briefing. Receiver's Counsel Jaime L. Dupree present. Court Reporter: M. Babbitt.(Rivas, A) Modified on 11/4/2013 (Rivas, A). |
| Filing 480 SEVENTH APPLICATION for Fees and Costs by Stephen E. Anderson. Motion Hearing set for 12/9/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Memorandum In Support, #2 Declaration Of Stephen E. Anderson, #3 Exhibit A-G, #4 Declaration Of Jamie L. Dupree, #5 Exhibit H, #6 Exhibit I, #7 Proposed Order, #8 Proof of Service)(Dupree, Jamie) Modified on 11/4/2013 (Reader, L). |
| Filing 479 MOTION for DISGORGEMENT against defendant Anthony Vassallo and to have Judgment entered by Stephen E. Anderson. Motion Hearing SET for 11/4/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Points and Authorities, #2 Declaration of Stephen E. Anderson, #3 Declaration of Jamie L. Dupree and Request for Judicial Notice, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Proposed Order, #9 [Proposed] Judgment) (Dupree, Jamie) Modified on 10/7/2013 (Mena-Sanchez, L). |
| Filing 478 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 4/22/2013 re #476 Motion to Confirm and/or Approve sale of 19990 Brockman Mill Road, Fiddletown, CA Property filed by Stephen E. Anderson. Hearing no objections, the motion is GRANTED. Court order to follow. Plaintiffs Counsel Jamie Touchstone for Reciever present. Court Reporter: K. O'Halloran. (Rivas, A) |
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Filing 477
ORDER signed by Judge Lawrence K. Karlton on 4/22/2013 GRANTING #476 Receivers's Motion to confirm and/or approve the sale of 19990 Brockman Mill Road, Fiddletown, CA; The sale and conveyance of the Fiddletown Property to Cathryn Barone for $165,000 is hereby APPROVED and CONFIRMED. Receiver is hereby authorized to execute and convey the Fiddletown Property as is, with no representations and warranties, to Purchaser or to any other designee(s) directly by the Purchaser, for the purchase price of $165,000, with Receiver paying all closing costs customarily paid by a seller of real estate in Amador County, CA. Receiver is further authorized to complete all appropriate conveyance documents to complete the transaction between the parties. If the Purchaser fails to close the sale after confirmation and approval, then the Purchaser shall forfeit her $1,000 deposit to Receiver. The sale shall close as soon as reasonably practicable after receipt of this order. Receiver shall account for the costs and proceeds of such sale in his final accounting for this matter. (Reader, L)
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| SERVICE BY MAIL: #477 Order on Motion, served on Michael J. Callahan. (Reader, L) |
| Filing 476 MOTION to CONFIRM and/or APPROVE sale of 19990 Brockman Mill Road, Fiddletown, CA Property by Stephen E. Anderson. Motion Hearing set for 4/22/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points and Authorities in support, #2 Declaration of Stephen E. Anderson, #3 Proposed Order granting Motion, #4 Certificate of Service for Motion and supporting documents, #5 Certificate of Service w/attached list) (Dupree, Jamie) Modified on 4/9/2013 (Marciel, M) |
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Filing 475
ORDER granting receiver's sixth application for fees and costs signed by Judge Lawrence K. Karlton on 12/17/12. (Matson, R)
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Filing 474
ORDER approving receiver Stephen E. Anderson's Seventh Interim report filed on 11/7/12 signed by Judge Lawrence K. Karlton on 12/17/12. (Matson, R)
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| SERVICE BY MAIL: #474 Order served on Michael J. Callahan. (Matson, R) |
| SERVICE BY MAIL: #475 Order served on Michael J. Callahan. (Matson, R) |
| Filing 473 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 12/17/2012 re #472 Hearing to Approve Receiver's Seventh Interim Report filed by Stephen E. Anderson, #469 MOTION for ATTORNEY FEES filed by Stephen E. Anderson. Hearing no objections, the court will approve the Receiver's Report and GRANT the application. Plaintiffs Counsel Jamie L. Dupree present. Court Reporter: M. Babbitt. (Rivas, A) |
| Filing 472 NOTICE OF HEARING TO APPROVE RECEIVER STEPHEN E. ANDERSON'S SEVENTH INTERIM REPORT FILED ON NOVEMBER 7, 2012 by Stephen E. Anderson. (Attachments: #1 Notice Notice of Filing of Receiver Stephen E. Anderson's Seventh Interim Report Filed on November 7,2012, #2 Proposed Order Approving Receiver Stephen E. Anderson's SEventh Interim Report Filed On November 7, 2012, #3 Proof of Service re Investors, #4 Proof of Service re Callahan and Kenitzer)(Dupree, Jamie) |
| Filing 471 DECLARATION of JAMIE L. DUPREE re #470 Declaration, #469 Notice - Other,. (Attachments: #1 Exhibit)(Dupree, Jamie) |
| Filing 470 DECLARATION of STEPHEN E. ANDERSON re #469 Notice - Other,. (Attachments: #1 Exhibit)(Dupree, Jamie) |
| Filing 469 NOTICE OF RECEIVER'S SIXTH APPLICATION AND APPLICATION FOR FEES AND COSTS by Stephen E. Anderson. (Attachments: #1 Points and Authorities in Support of Receiver's Sixth Application for Fees and Costs, #2 Proposed Order Granting Receiver's Sixth Application for Fees and Costs, #3 Proof of Service re Investors, #4 Proof of Service re Callahan and Kenitzer)(Dupree, Jamie) |
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Filing 468
ORDER signed by Judge Lawrence K. Karlton on 11/5/2012 GRANTING #464 Motion to Withdraw as Attorney; TERMINATING Attorneys Matthew Lee Lalli; Brendan M. Ford and Michael A. Gehret on the condition that counsel has returned the clients' documents and unearned fees, if any; ORDERING counsel to notify the court, within 2 weeks, if the requirements have not been satisfied. (Michel, G)
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| SERVICE BY MAIL: #468 Order served on Michael J. Callahan. (Michel, G) |
| Filing 467 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 11/5/2012 re #464 Motion to Withdraw as Attorney filed by Elevate Communications, LLC. Hearing no opposition, the motion to withdraw will be GRANTED. Court order to follow. Defendants Counsel Mike Gehret present. Court Reporter: K. Swinhart. (Rivas, A) |
| Filing 466 PROPOSED ORDER granting #464 Motion to Withdraw as Attorneys for Wright Thurston and Elevate Communications, LLC. (Gehret, Michael) Modified on 10/24/2012 (Marciel, M) |
| Filing 465 CERTIFICATE of SERVICE by Elevate Communications, LLC re #464 Notice - Other,. (Gehret, Michael) |
| Filing 464 MOTION to WITHDRAW as ATTORNEYS for Wright Thurston and Elevate Communications, LLC; Memorandum of Points and Authorities in Support of Thereof; Declaration of Michael A. Gehret in support thereof by Elevate Communications, LLC. Attorney Gehret, Michael A. added. (Gehret, Michael) Modified on 10/1/2012 (Mena-Sanchez, L). |
| Filing 463 RESPONSE by Stephen E. Anderson to #462 Letter, #461 Letter. (Dupree, Jamie) |
| Filing 462 LETTER from Frank Sanzari (Matson, R) |
| Filing 461 LETTER from Frank Sanzari stating Objection of payments being made to Pine Groves and Associates. (Marciel, M) |
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Filing 460
ORDER signed by Judge Lawrence K. Karlton on 5/21/2012 GRANTING #431 Motion to Order Disgorgement as to Elevate; DENYING, without prejudice to its renewal, #431 Motion to Order Disgorgement as to Thurston. (Michel, G)
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| SERVICE BY MAIL: #460 Order on Motion to Order Disgorgement served on Michael J. Callahan. (Michel, G) |
| Filing 458 NOTICE of CHANGE of ADDRESS by Clyde M. Blackmon. (Blackmon, Clyde) |
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Filing 457
ORDER signed by Judge Lawrence K. Karlton on 12/19/11 GRANTING #452 Motion Receiver Stephen E. Anderson's Sixth Interim Report Filed on 11/21/11. (Meuleman, A)
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Filing 456
ORDER signed by Judge Lawrence K. Karlton on 12/19/11 GRANTING #449 Receiver's Fifth Application for Fees and Costs. Receiver is AUTHORIZED to make payments to Receiver Stephen E. Anderson, Stephan A. Werth, C.P.A., Cindi Sherrod, Mike Miller, Demco Law Firm, P.S., The Law Offices of Miriam Hiser, and Futterman Dupree Dodd Croley Maier LLP. (Meuleman, A)
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| SERVICE BY MAIL: #456 Order on Motion for Attorney Fees, served on Michael J. Callahan. (Meuleman, A) |
| SERVICE BY MAIL: #457 Order on Motion served on Michael J. Callahan. (Meuleman, A) |
| Filing 455 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 12/19/2011 re #452 MOTION re Hearing to Approve Receiver's Sixth Interim Report filed by Stephen E. Anderson, #449 MOTION for ATTORNEY FEES filed by Stephen E. Anderson. Hearing no objections, the court will approve the Receiver's Report and GRANT the application. Plaintiffs Counsel Jamie L. Dupree present. Court Reporter: D. Shepard. (Rivas, A) |
| Filing 454 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 11/21/2011 re #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston filed by Stephen E. Anderson. After oral argument, the motion stands SUBMITTED. Court order to follow. Plaintiffs Counsel Jaime Touchstone present. Defendants Counsel Matthew L. Lalli present. Court Reporter: D. Shepard. (Rivas, A) |
| Filing 453 CERTIFICATE of SERVICE by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/22/2011 (Mena-Sanchez, L). |
| Filing 452 NOTICE Hearing to Approve Receiver's Sixth Interim Report by Stephen E. Anderson. Motion Hearing SET for 12/19/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Notice of Filing of Receiver's 6th Interim Report - with attached Report, #2 proposed Order, #3 Certificate of Service re Callahan, #4 Certificate of Service re Investors)(Dupree, Jamie) Modified on 11/22/2011 (Mena-Sanchez, L). |
| Filing 451 DECLARATION of Jamie L. Dupree in SUPPORT of #449 MOTION for ATTORNEY FEES. (Attachments: #1 Exhibits I to K)(Dupree, Jamie) Modified on 11/22/2011 (Mena-Sanchez, L). |
| Filing 450 DECLARATION of Stephen E. Anderson in SUPPORT of #449 MOTION for ATTORNEY FEES. (Attachments: #1 Exhibits A to H)(Dupree, Jamie) Modified on 11/22/2011 (Mena-Sanchez, L). |
| Filing 449 NOTICE of Receiver's fith Application for ATTORNEY FEES. Motion Hearing SET for 12/19/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order, #3 Certificate of Service re Callahan, #4 Certificate of Service re Investors)(Dupree, Jamie) Modified on 11/22/2011 (Mena-Sanchez, L). |
| Filing 448 NOTICE of APPEARANCE by Matthew Lee Lalli on behalf of Elevate Communications LLC. Attorney Lalli, Matthew Lee added. (Lalli, Matthew) Modified on 11/22/2011 (Mena-Sanchez, L). |
| Filing 447 REPLY by Stephen E. Anderson re #442 Opposition to Motion. (Attachments: #1 Reply Declaration of Stephen E. Anderson, #2 Declaration of Jerry Garvin, #3 Reply Declaration of Jaime G. Touchstone and Request for Judicial Notice, #4 Receiver's Objections to Evidence Submitted by Respondents, #5 Certificate of Service)(Touchstone, Jaime) |
| Filing 446 CERTIFICATE of SERVICE by ELEVATE COMMUNICATIONS LLC re #442 Opposition to Motion, #444 Declaration,. (Ford, Brendan) |
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Filing 445
ORDER signed by Judge Lawrence K. Karlton on 11/08/11 ORDERING that Receiver's #440 Motion to Confirm and/or Approve the Sale of 3788 Century Drive, Island Park, Idaho Property is hereby GRANTED. The sale shall close as soon as reasonably practicable after receipt of this order. (Benson, A.)
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| SERVICE BY MAIL: #445 Order served on Michael J. Callahan. (Benson, A.) |
| Filing 444 DECLARATION of Wright Thurston in OPPOSITION TO #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ford, Brendan) Modified on 11/8/2011 (Mena-Sanchez, L). |
| Filing 443 DECLARATION of Wright Thurston in SUPPORT of #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ford, Brendan) Modified on 11/8/2011 (Mena-Sanchez, L). |
| Filing 442 OPPOSITION by Elevate Communications LLC to #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston. Attorney Ford, Brendan M. added. (Ford, Brendan) Modified on 11/8/2011 (Mena-Sanchez, L). |
| Filing 441 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 11/7/2011 re #440 MOTION to Confirm and/or Approve the Sale of 3788 Century Drive, Island Park, Idaho Property filed by Stephen E. Anderson. Hearing no objections, the motion is GRANTED. Court order to issue. Plaintiffs Counsel Jaime Dupree present. Court Reporter: K. Bennett. (Rivas, A) |
| Filing 440 AMENDED NOTICE of Motion and Motion to Confirm and/or Approve the Sale of 3788 Century Drive, Island Park, Idaho Property by Stephen E. Anderson. Motion Hearing is SET for 11/7/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Dupree, Jamie) Modified on 11/4/2011 (Mena-Sanchez, L). |
| Filing 439 NOTICE OF APPLICATION to Confirm and/or Approve the Sale of 3788 Century Drive, Island Park, Idaho Property by Stephen E. Anderson. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration Stephen E. Anderson, #3 Proposed Order, #4 Certificate of Service)(Dupree, Jamie) Modified on 11/3/2011 (Mena-Sanchez, L). |
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Filing 438
ORDER signed by Judge Lawrence K. Karlton on 10/25/11 ORDERING the Receiver's letter request #430 for an accounting from Kyle Wunderli is DENIED without prejudice to its renewal pursuant to the August 20, 2009 summary procedures; and Going forward, the Receiver shall not use the June 5, 2009 letter procedure for matters outside the administration of the receivership. "Administration" matters subject to the June 5, 2009 Order include the opening and closing of bank accounts, the engagement of attorneys, submissions of Receiver reports, requests for granting Receiver fees and costs, and the like. Matters that relate to identifying and marshaling the assets of EIMT, are subject to the summary procedures order of August 20, 2009. Such matters include requests for disgorgement, requests for orders compelling action by non-parties (or parties), and requests for accountings, disclosures of financial records, and the like. (Becknal, R)
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| SERVICE BY MAIL: #438 Order served on Michael J. Callahan. (Becknal, R) |
| SERVICE BY MAIL: #437 Stipulation and Order, Set/Reset Motion Hearing served on Michael J. Callahan. (Michel, G) |
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Filing 437
STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/20/2011 RESETING Motion Hearing as to #431 Motion to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston. Motion Hearing RESET for 11/21/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Defendants may file an opposition brief by 11/7/2011. Receiver may file a reply brief by 11/16/2011. (Michel, G)
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| Filing 436 CERTIFICATE of SERVICE by Stephen E. Anderson re #435 Stipulation and Proposed Order. (Touchstone, Jaime) |
| Filing 435 STIPULATION and PROPOSED ORDER for Continuing Receiver's Motion to Order Disgorgement of $100,000 Transferred to Elevate Communications, LLC and Wright Thurston Currently Set for November 7, 2011 by Stephen E. Anderson. (Touchstone, Jaime) |
| Filing 434 EXHIBIT 8 to Jaime G. Touchstone's Declaration (re-filed per clerk's request) re #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston filed by Stephen E. Anderson. (Touchstone, Jaime) |
| Filing 433 DECLARATION of Jaime G. Touchstone in SUPPORT OF #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston. (Attachments: #1 Exhibits 8 to 10)(Touchstone, Jaime) Modified on 10/6/2011 (Duong, D). |
| Filing 432 DECLARATION of Stephen E. Anderson in SUPPORT OF #431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston. (Attachments: #1 Exhibits 1 to 7)(Touchstone, Jaime) Modified on 10/6/2011 (Duong, D). |
| Filing 431 MOTION to Order Disgorgement of $100,000 Transferred to Elevate Communications and Wright Thurston by Stephen E. Anderson. Motion Hearing set for 11/7/2011 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order, #3 Certificate of Service)(Touchstone, Jaime) Modified on 10/6/2011 (Duong, D). |
| Filing 430 REQUEST for Order directing Kyle Wunderli to produce documents and information to Receiver by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 10/3/2011 (Marciel, M). |
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Filing 429
ORDER signed by Judge Lawrence K. Karlton on 9/29/2011 re #428 ORDERING that Receiver is hereby authorized to engage the Law Offices of Miriam Hiser, and to utilize the services of Miriam Hiser at $350 an hour, retroactive to September 21, 2011. Receiver is hereby further authorized to utilize the services of other attorneys and staff at the Law Offices of Miriam Hiser, provided that the billing rates of those attorneys and staff are commensurate with their level of experience and the rates authorized herein. Notwithstanding this order, the actual compensation of the persons employed by Receiver shall be fixed by the Court in conformity with Local Rule 232(g). (Duong, D)
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| SERVICE BY MAIL: #429 Order served on Michael J. Callahan. (Duong, D) |
| Filing 428 REQUEST for Order Authorizing Receiver to Employ Bankruptcy Counsel by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
| Filing 427 NOTICE of Auction and Confirmation Hearing for Island Park Property by Stephen E. Anderson. (Attachments: #1 Certificate of Service)(Dupree, Jamie) |
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Filing 426
ORDER setting procedures for auction and confirmation hearing for Island Park Property, signed by Judge Lawrence K. Karlton on 9/20/11. The Court finds that the procedures set forth in this order for the public auction of the Island Park Property are fair and reasonable. (Kastilahn, A)
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| SERVICE BY MAIL: #426 Order served on Michael J. Callahan. (Kastilahn, A) |
| Filing 425 ABSTRACT OF JUDGMENT ISSUED. (Duong, D) |
| Filing 424 NOTICE of Entry of Order by Stephen E. Anderson re #423 Order. (Touchstone, Jaime) |
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Filing 423
ORDER signed by Judge Lawrence K. Karlton on 8/31/11 ORDERING that the Receiver's #416 motion for disgorgement as to J.R.Trust, RAAR Investments, Ltd., Jack Miller and Richard J.Schott, Jr., is GRANTED. The Receiver's #416 motion for disgorgement as to Global Mergers & Acquisitions, Inc. and William A. Hayward is DENIED WITHOUT PREJUDICE. Within 20 days of the issuance of this order non-parties J.R. Trust and Richard J. Schott, Jr. shall DISGORGE to the Receiver the $2.5 million transferred to J.R. Trust by defendant EIMT; non-party RAAR Investments, Ltd. shall DISGORGE to the Receiver the $228,387.50 of EIMT funds it received from J.R.Trust; Non-party Jack Miller shall DISGORGE to the Receiver the $167,317.01 of EIMT funds he received from J.R. Trust and RAAR; and J.R. Trust, RAAR, Miller and Schott shall each provide a full accounting of all funds they received from EIMT or from any recipient of EIMT funds. (Kastilahn, A)
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| SERVICE BY MAIL: #423 Order served on Michael J. Callahan. (Kastilahn, A) |
| Filing 422 REQUEST for Order Setting Procedures for Auction and Confirmation Hearing for Island Park Property by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
| Filing 421 MINUTES (Text Only) for proceedings held before Judge Lawrence K. Karlton: MOTION HEARING held on 8/29/2011 re #416 Motion for Court Order filed by the Receiver. After oral argument, the motion is GRANTED in part and DENIED in part as stated on the record in open court. Counsel to prepare a new proposed order for the Court's review. Plaintiffs Counsel Jaime Touchstone for the Receiver present. Court Reporter: M. Babbitt. (Rivas, A) |
| Filing 420 PROPOSED ORDER re Disgorgement of $2,500,000 Transferred to J.R. Trust, RAAR Investments, Ltd., Jack Miller and Richard J. Schotts, Jr. and Denying Without Prejudice as to Global Mergers & Acquisitions, Inc. and William A. Hayward by Stephen E. Anderson. (Touchstone, Jaime) |
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Filing 419
ORDER signed by Senior Judge Lawrence K. Karlton on 8/24/11 ORDERING Frank and Heidi Sanzari to, if they so choose, file either a formal motion to the court in which they lay out the relief they seek and the reasons why the court should grant such relief or file formal objections to the Receiver's next fee petition and report in which they lay out the basis for their objections and what actions they believe the court should take because of their objections. The Clerk is instructed to serve this letter upon the Frank and Heidi Sanzari at 3529 Villero Court, Pleasanton, CA 94566.(Matson, R)
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| SERVICE BY MAIL: #419 Order, served on Michael J. Callahan and Frank and Heidi Sanzari. (Matson, R) |
| Filing 418 DECLARATION of Jaime G. Touchstone and REQUEST for Judicial Notice in SUPPORT OF #416 MOTION to Order Disgorgement of $2,500,000 Transferred to J.R. Trust, Global Mergers & Acquisitions, Inc., William A. Hayward, RAAR Investments, Ltd., Jack Miller and Richard J. Schotts, Jr. (Attachments: #1 Exhibits 20 to 21, #2 Exhibits 22 to 25)(Dupree, Jamie) Modified on 7/29/2011 (Duong, D). |
| Filing 417 DECLARATION of Stephen E. Anderson in SUPPORT OF #416 MOTION to Order Disgorgement of $2,500,000 Transferred to J.R. Trust, Global Mergers & Acquisitions, Inc., William A. Hayward, RAAR Investments, Ltd., Jack Miller and Richard J. Schotts, Jr. (Attachments: #1 Exhibits 1 to 9, #2 Exhibits 10 to 19)(Dupree, Jamie) Modified on 7/29/2011 (Duong, D). |
| Filing 416 MOTION to Order Disgorgement of $2,500,000 Transferred to J.R. Trust, Global Mergers & Acquisitions, Inc., William A. Hayward, RAAR Investments, Ltd., Jack Miller and Richard J. Schotts, Jr. by Stephen E. Anderson. Motion Hearing set for 8/29/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order, #3 Certificate of Service)(Dupree, Jamie) Modified on 7/29/2011 (Duong, D). |
| Filing 415 RESPONSE by Stephen E. Anderson to #414 Order. (Attachments: #1 Certificate of Service)(Dupree, Jamie) |
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Filing 414
ORDER signed by Senior Judge Lawrence K. Karlton on 7/12/2011 ORDERING a response to #413 letter, in writing, from the receiver within 15 days. That response shall also be served on the Sanzaris. (Zignago, K.)
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| SERVICE BY MAIL: #414 Order served on Michael J. Callahan and Mr. and Mrs. Sanzaris. (Zignago, K.) Modified on 7/13/2011 (Zignago, K.). |
| Filing 413 LETTER from to COURT from Frank and Heidi Sanzari re Anthony Vassallo. (Duong, D) |
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Filing 412
ORDER signed by Senior Judge Lawrence K. Karlton on 05/09/11 ORDERING that #403 Receiver's Fourth Application for Fees and Costs is GRANTED. (Benson, A.)
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Filing 411
ORDER signed by Senior Judge Lawrence K. Karlton on 05/09/11 APPROVING #402 Receiver Stephen E. Anderson's Fifth Interim Report as follows: 1) Approves and ratifies Receiver's settlement with Gregory E. Porter who invested funds which he permitted defendant Anthony Vassallo to trade at TradeStation on his behalf. Through the proposed settlement, Mr. Porter has agreed to repay to the receivership the $37,724.89 in phony profit that he received from EIMT in exchange for a full release of claims; and 2) Authorizes Receiver to retain Michael E. Miller, owner and broker at Hacienda Properties and a title and escrow expert, at $175 an hour to review escrow files related to properties purchased by Jarom Dastrup and Jaren Ahlmann, who along with Anthony Vassallo, are fund managers for Vastmann Investment Partners LLC, which received over $10 million in excess distributions from EIMT. Mr. Miller shall be authorized to review escrow files on behalf of the receivership and to provide any other real estate related services Receiver believes will be appropriate and of benefit to the receivership estate. (Benson, A.)
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| SERVICE BY MAIL: #411 Order and #412 Order served on Michael J. Callahan. (Benson, A.) |
| Filing 410 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 5/9/2011 re #402 Receiver's Motion to Approve Fifth Interim Report, and #403 Receiver Stephen E. Anderson's Motion for Attorney Fees. Hearing no objection, the court will approve the fifth interim report. The Court will also approve the proposed order re attorney fees. Receiver's Counsel Jamie Dupree present. Court Reporter: Kathleen Skidgel (Diamond Court Reporter). (Rivas, A) |
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Filing 409
ORDER signed by Senior Judge Lawrence K. Karlton on 5/3/11 ORDERING banks and/or financial institutions to produce documents concerning EIMT funds transferred to Edwin Westlake. (Carlos, K)
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| SERVICE BY MAIL: #409 Order served on Michael J. Callahan. (Carlos, K) |
| Filing 408 REQUEST for Order Directing Banks and/or Financial Institutions to Produce Documents Concerning EIMT Funds Transferred to Edwin Westlake by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 407
ORDER signed by Senior Judge Lawrence K. Karlton on 4/13/11 directing banks and/or financial institutions to produce documents concerning EIMT funds transferred to Ban Europa. (Manzer, C)
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| SERVICE BY MAIL: #407 Order served on Michael J. Callahan. (Manzer, C) |
| Filing 406 REQUEST for Order Directing Banks and/or Financial Institutions To Produce Documents Concerning EIMT Funds Transferred to Ban Europa by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
| Filing 405 DECLARATION of Jamie L. Dupree in SUPPORT OF #403 MOTION for ATTORNEY FEES. (Attachments: #1 Exhibits H to I)(Dupree, Jamie) Modified on 4/5/2011 (Kaminski, H). |
| Filing 404 DECLARATION of Stephen E. Anderson in SUPPORT OF #403 MOTION for ATTORNEY FEES . (Attachments: #1 Exhibits A to G)(Dupree, Jamie) Modified on 4/5/2011 (Kaminski, H). |
| Filing 403 MOTION for ATTORNEY FEES by Stephen E. Anderson. Motion Hearing set for 5/9/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Certificate of Service - Investors, #4 Certificate of Service - Callahan-Kenitzer)(Dupree, Jamie) Modified on 4/5/2011 (Kaminski, H). |
| Filing 402 NOTICE of Filing of Receiver's Fifth Interim Report by Stephen E. Anderson. (Attachments: #1 Receiver's 5th Interim Report, #2 Notice of Hearing, #3 Proposed Order, #4 Certificate of Service-investors, #5 Certificate of Service-Callhan-Kenitzer)(Dupree, Jamie) Modified on 4/5/2011 (Kaminski, H). |
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Filing 401
ORDER signed by Senior Judge Lawrence K. Karlton on 3/11/2011 ORDERING Wells Fargo Bank to produce documents and information to receiver concerning Wiseman/Joiner subfund accounts. (Zignago, K.)
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| SERVICE BY MAIL: #401 Order served on Michael J. Callahan. (Zignago, K.) |
| Filing 400 REQUEST for Order Directing Wells Fargo Bank To Produce Documents and Information To Receiver Concerning Wisman/Joiner Subfund Accounts by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 399
ORDER granting #397 Receiver's motion to approve settlement with Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or individually, signed by Senior Judge Lawrence K. Karlton on 3/1/11. The settlement is hereby APRROVED, and Receiver is authorized to take all actions necessary to complete the settlement. (Kastilahn, A)
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| SERVICE BY MAIL: #399 Order served on Michael J. Callahan. (Kastilahn, A) |
| Filing 398 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 2/28/2011 re #397 Receiver's Motion to Approve Settlement with Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually filed by Stephen E. Anderson. Hearing no objections, the Court intends to approve the settlement. Court order to follow. Plaintiffs Counsel Jaime Touchstone for the Receiver present. Court Reporter: Sandra Von Haenel (Capitol Reporters. (Rivas, A) Modified on 2/28/2011 (Rivas, A). |
| Filing 397 MOTION Notice of Motion and Receiver's Motion to Approve Settlement with Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually by Stephen E. Anderson. Motion Hearing set for 2/28/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Points and Authorities, #2 Declaration of Stephen A. Anderson, #3 Declaration of Jamie L. Dupree, #4 Proposed Order, #5 Certificate of Service to Parties in this action, #6 Certificate of Service to Investors)(Touchstone, Jaime) |
| Filing 396 WITHDRAWAL of #377 MOTION Notice of Motion and Receiver's Motion to Order Disgorgement of $224,313.45 Transferred to Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually by Stephen E. Anderson. (Touchstone, Jaime) |
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Filing 395
ORDER signed by Senior Judge Lawrence K. Karlton on 12/14/10 DIRECTING Wells Fargo Bank and Far West Bank to Produce Documents and Information to Receiver Concerning VIP Accounts. (Owen, K)
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| SERVICE BY MAIL: #395 Order served on Michael J. Callahan. (Owen, K) |
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Filing 394
AMENDED ORDER Granting Receiver's Third Application for Fees and Costs #373 , signed by Senior Judge Lawrence K. Karlton on 12/13/10. (Kastilahn, A)
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| Filing 393 REQUEST for Order directing Wells Fargo Bank and Far West Bank to produce documents and information to receiver concerning VIP accounts by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 12/14/2010 (Marciel, M). |
| SERVICE BY MAIL: #394 Order served on Michael J. Callahan. (Kastilahn, A) |
| Filing 392 SUPPLEMENTAL MEMORANDUM by Stephen E. Anderson in support of receiver's #373 Third Application for Fees and Costs. (Attachments: #1 Declaration of Stephen E. Anderson, #2 Declaration of Jamie L. Dupree, #3 Proposed Order) (Dupree, Jamie) Modified on 12/13/2010 (Marciel, M). |
| Filing 391 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Lee Saara Bickley, GOVT,Jean Marie Hobler for Robin R. Taylor, attorney Robin R. Taylor terminated (Taylor, Robin) |
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Filing 390
ORDER signed by Senior Judge Lawrence K. Karlton on 12/7/2010 ORDERING #387 the Court DIRECTS any and all banks and/or financial institutions, including, but not limited to Wells Fargo Bank and HSBC, to provide documents and information for accounts held by RAAR Investments, Ltd., Richard J. Schotts, Jr., Jack Miller, Michael Bradshaw and Chris Bradshaw, or for which Richard J. Schotts, Jr., Jack Miller, Michael Bradshaw and Chris Bradshaw. Any and all banks and/or financial institutions, including, but not limited to Wells Fargo Bank and HSBC are hereby prohibited from notifying account holder (s), including, but not limited to RAAR Investments, Ltd., Richard J. Schotts, Jr., Jack Miller, Michael Bradshaw and Chris Bradshaw, of this Order and are directed to cooperate fully with Receiver in his investigation and inquiries on behalf of this Court.(Reader, L)
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| SERVICE BY MAIL: #390 Order, served on Michael J. Callahan. (Reader, L) |
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Filing 389
ORDER signed by Senior Judge Lawrence K. Karlton on 12/6/10 ORDERING that the Receiver's Fourth Interim Report filed on 11/5/10, is hereby approved, and Receiver's acts on behalf of the receivership are hereby approved, authorized and ratified. If Receiver reaches agreement with Concettina Ferentz through which she will purchase the Land Rover vehicle for at least $38,000, the Court approves that agreement and authorizes Receiver to sell the vehicle to Concettina Ferentz for at least that amount. If Receiver is unable to reach agreement with Concettina Ferentz for the purchase of the Land Rover vehicle, the Court authorizes Receiver to sell the vehicle through a reputable dealership on consignment, which the Court finds will maximize the ultimate recovery to the defrauded investors for the Land Rover. (Becknal, R)
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| Filing 388 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 12/6/2010 re #372 Motion to Approve Receiver's Fourth Interim Report filed by Stephen E. Anderson, and #373 MOTION for ATTORNEY FEES and Costs filed by Stephen E. Anderson. Hearing no objections, the Court intends to grant the motions. The Receiver is instructed to file a supplemental declaration regarding attorney fees. Plaintiffs Counsel Jamie L. Dupree present. Defendants Counsel No Appearance present. Court Reporter: C. Bodene. (Rivas, A) |
| Filing 387 REQUEST for Order Directing Banks and/or Financial Institutions To Produce Documents Concerning EIMT Funds Transferred To RAAR Investments, Ltd., Jack Miller and Michael Bradshaw by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 386
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 11/22/2010 ORDERING that the hearing on the Receiver's #377 motion for an order directing Linda and Harvey Vechery, as trustees for the Vechery Family Trust and/or individually, to disgorge the $224,313.45 transferred to them by Defendant Equity Investment Management and Trading, Inc., currently set for December 6, 2010 at 10:00 a.m. ("Disgorgement Motion"), is continued to January 18, 2011, at 10:00 a.m. Defendants may file an opposition brief, on or before January 4, 2011, and the Receiver may file a reply brief on or before January 13, 2011.(Duong, D)
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| SERVICE BY MAIL: #386 Order served on Michael J. Callahan. (Duong, D) |
| Filing 385 STIPULATION and PROPOSED ORDER for Continuing Receiver's Motion to Order Disgorgement of $224,313.45 Transferred To Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually Currently Set for December 6, 2010 by Stephen E. Anderson. (Dupree, Jamie) |
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Filing 384
ORDER signed by Senior Judge Lawrence K. Karlton on 11/12/2010 re #383 Request filed by Stephen E. Anderson ORDERING that any and all banks and/or financial institutions, including, but not limited to Wachovia Bank, Wells Fargo Bank and Bank Atlantic are directed to provide information and documentation to Receiver tracing where the $425,000 withdrawn from the EIMT Account on 12/11/2007, went, including after its deposit into the Porter Wachovia Account and also tracing where the $750,000 withdrawn from the EIMT Account on 4/15/2008, went, as directed in this order. Any and all banks addressed in this order are prohibited from notifying account holder(s), including, but not limited to Martin W. Porter, of this order and are directed to cooperate fully with Receiver in his investigation and inquiries on behalf of this Court. (Waggoner, D)
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| SERVICE BY MAIL: #384 Order served on Michael J. Callahan. (Waggoner, D) |
| Filing 383 REQUEST for Amended Order Directing Banks and/or Financial Institutions To Produce Documents Concerning EIMT Funds Transferred To Martin Porter by Stephen E. Anderson. (Attachments: #1 proposed Amended Order)(Dupree, Jamie) |
| Filing 382 TRANSCRIPT of Proceedings held on Oct. 25th, 2010, before Senior Judge Lawrence K. Karlton, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/2/2010. Redacted Transcript Deadline set for 12/10/2010. Release of Transcript Restriction set for 2/7/2011. (Bodene, C) |
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Filing 381
ORDER granting Receiver's Motion to Approve Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons #351 signed by Senior Judge Lawrence K. Karlton on 11/08/10. (Mena-Sanchez, L)
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| Filing 380 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 11/8/2010 re #351 MOTION to Approve Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons filed by Stephen E. Anderson. No objections. Motion will be granted. Court order to follow. Plaintiffs Counsel Jamie Touchstone (for the Receiver) present. Court Reporter: C. Bodene. (Rivas, A) |
| SERVICE BY MAIL: #381 Order on Motion served on Michael J. Callahan. (Mena-Sanchez, L) |
| Filing 379 DECLARATION of Jamie L. Dupree in SUPPORT OF #377 MOTION Notice of Motion and Receiver's Motion to Order Disgorgement of $224,313.45 Transferred to Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually. (Attachments: #1 Exhibits 18 to 25, #2 Exhibits 26 to 29)(Dupree, Jamie) |
| Filing 378 DECLARATION of Stephen E. Anderson in SUPPORT OF #377 MOTION Notice of Motion and Receiver's Motion to Order Disgorgement of $224,313.45 Transferred to Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually. (Attachments: #1 Exhibits 1 to 8, #2 Exhibit 9, #3 Exhibits 10 to 17)(Dupree, Jamie) |
| Filing 377 [WITHDRAWN - See #396 ] MOTION Notice of Motion and Receiver's Motion to Order Disgorgement of $224,313.45 Transferred to Linda and Harvey Vechery as Trustees for the Vechery Family Trust and/or Individually by Stephen E. Anderson. Motion Hearing set for 12/6/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Certificate of Service)(Dupree, Jamie) Modified on 12/30/2010 (Manzer, C). |
| Filing 376 CERTIFICATE of SERVICE by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 375 DECLARATION of Jamie L. Dupree in SUPPORT OF #373 MOTION for ATTORNEY FEES Notice of Receiver's Third Application and Application for Fees and Costs. (Dupree, Jamie) |
| Filing 374 DECLARATION of Stephen E. Anderson in SUPPORT OF #373 MOTION for ATTORNEY FEES Notice of Receiver's Third Application and Application for Fees and Costs. (Dupree, Jamie) |
| Filing 373 THIRD MOTION for FEES and COSTS by receiver Stephen E. Anderson. Motion Hearing set for 12/6/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Certificate of Service) (Dupree, Jamie) Modified on 12/13/2010 (Marciel, M). |
| Filing 372 NOTICE of Hearing to Approve Receiver's Fourth Interim Report by Stephen E. Anderson re #370 Notice - Other. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Dupree, Jamie) |
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Filing 371
ORDER Directing Banks and/or Financial Institutions to produce documents concerning EIMT Funds transferred to Martin Porter signed by Senior Judge Lawrence K. Karlton on 11/4/10. (Mena-Sanchez, L)
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| Filing 370 NOTICE of Filing of Receiver's Fourth Interim Report by Stephen E. Anderson. (Attachments: #1 Receiver's 4th Interim Report)(Dupree, Jamie) |
| SERVICE BY MAIL: #371 Order served on Michael J. Callahan. (Mena-Sanchez, L) |
| Filing 369 REQUEST for Order Directing Banks and/or Financial Institutions To Produce Documents Concerning EIMT Funds Transferred to Martin Porter by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 368
ORDER signed by Senior Judge Lawrence K. Karlton on 11/2/10 ORDERING that Ferentz's Ex Parte Request for Clarification or Reconsideration #367 is DENIED. Ferentz shall disgorge the Land Rover to the Receiver by 11/15/10. (Mena-Sanchez, L)
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| SERVICE BY MAIL: #368 Order on Motion for Reconsideration served on Michael J. Callahan. (Mena-Sanchez, L) |
| Filing 367 MOTION for RECONSIDERATION re #366 Order Dated October 27, 2010 by Concettina Ferentz. (Attachments: #1 Declaration of Alan L. Geraci, #2 Certificate of Service)(Geraci, Alan) Modified on 11/2/2010 (Becknal, R). |
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Filing 366
ORDER signed by Senior Judge Lawrence K. Karlton on 10/26/2010 GRANTING GRANTING #334 Motion to Disgorge; Ms. Ferentz to disgorge the Land Rover to the Receiver w/in 20 days of the issuance of this order. (Matson, R)
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| SERVICE BY MAIL: #366 Order, served on Michael J. Callahan. (Matson, R) |
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Filing 365
ORDER signed by Senior Judge Lawrence K. Karlton on 10/25/2010 GRANTING Receiver Stephen E. Anderson's #340 Disgorgement Motion for Order directing Wells Fargo Bank to release all funds in USR Site Acquisition, LLC savings account. (Marciel, M)
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| SERVICE BY MAIL: #365 Order granting Disgorgement Motion served on Michael J. Callahan. (Marciel, M) |
| Filing 364 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 10/25/2010 re #334 Motion to Order Disgorgement of Land Rover from Concettina Ferentz filed by Stephen E. Anderson, #340 Motion for Order Directing Wells Fargo Bank to Release Funds filed by Stephen E. Anderson. After oral argument, the matter of respondent Ferentz is SUBMITTED. Court order to issue on both matters. Plaintiffs Counsel Jaime Touchstone present. Defendants Counsel Alan Geraci (for respondent Concettina Ferentz) present. Court Reporter: C. Bodene. (Rivas, A) |
| Filing 363 REPLY by Stephen E. Anderson re #360 Opposition to Motion. (Touchstone, Jaime) |
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Filing 362
ORDER directing banks and/or financial institutions to produce documents concerning EIMT funds transferred to J.R. Trust signed by Senior Judge Lawrence K. Karlton on 10/19/10. (Kaminski, H)
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| Filing 361 DECLARATION of Concettina Ferentz in OPPOSITION TO #334 Motion to Order Disgorgement of Land Rover from Concettina Ferentz. (Geraci, Alan) |
| SERVICE BY MAIL: #362 Order, served on Michael J. Callahan. (Kaminski, H) |
| Filing 360 OPPOSITION by Concettina Ferentz to #334 Motion to Order Disgorgement of Land Rover from Concettina Ferentz. (Attachments: #1 Certificate of Service)(Geraci, Alan) |
| Filing 359 REQUEST for Order Directing Banks and/or Financial Institutions to Produce Documents Concerning EIMT Funds Transferred to J.R. Trust by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 357
ORDER signed by Senior Judge Lawrence K. Karlton on 10/13/10 ORDERING that the hearing on the Receiver's #334 Motion for Disgorgement is CONTINUED to 10/25/10 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Ferentz shall file an opposition or statement of non-opposition by 9:00 a.m. on 10/18/10. The Receiver may file a reply any time before the hearing. (Benson, A.)
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| SERVICE BY MAIL: #357 Order served on Michael J. Callahan. (Benson, A.) |
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Filing 356
AMENDED ORDER signed by Senior Judge Lawrence K. Karlton on 10/12/10 directing Brokerage Houses to produce documents and close all EIMT Brokerage Accounts.(Mena-Sanchez, L)
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| SERVICE BY MAIL: #356 Order served on Michael J. Callahan. (Mena-Sanchez, L) |
| Filing 358 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 10/12/2010 re #334 MOTION to Order Disgorgement of Land Rover from Concettina Ferentz filed by Stephen E. Anderson. No appearance on behalf of Ms. Ferentz. The request to continue is granted. The hearing on the Receiver's #334 Motion for Disgorgement is CONTINUED to 10/25/10 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Jaime Touchstone present. Defendants Counsel No Appearance present. Court Reporter: C. Bodene. (Rivas, A) |
| Filing 355 OPPOSITION by Receiver Stephen E. Anderson to #354 Declaration. (Touchstone, Jaime) |
| Filing 354 DECLARATION of Alan L. Geraci re #335 Declaration. Attorney Geraci, Alan Louis added. (Geraci, Alan) |
| Filing 353 DECLARATION of Jamie L. Dupree in SUPPORT OF #351 MOTION Notice of Motion and Receiver's Motion to Approve Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons. (Dupree, Jamie) |
| Filing 352 DECLARATION of Stephen E. Anderson in SUPPORT OF #351 MOTION Notice of Motion and Receiver's Motion to Approve Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons. (Attachments: #1 Exhibits A to E)(Dupree, Jamie) |
| Filing 351 MOTION to Approve Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons by Stephen E. Anderson. Motion Hearing set for 11/8/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Points & Authorities, #2 Proposed Order, #3 Certificate of Service to Interested Parties, #4 Certificate of Service re Notice only to Investors)(Dupree, Jamie) Modified on 11/3/2010 (Reader, L). |
| Filing 350 REQUEST for Amended Order Directing Brokerage Houses To Produce Documents and Close All EIMT Brokerage Accounts by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) |
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Filing 349
AMENDED ORDER directing Charles Schwab to provide documents and information concerning B&B Consulting and Kari Beauchamp-Sonovich to Receiver signed by Senior Judge Lawrence K. Karlton on 9/29/10. (Kaminski, H)
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Filing 348
ORDER signed by Senior Judge Lawrence K. Karlton on 9/28/2010 DENYING, without prejudice, Receiver Stephen E. Anderson's #163 Motion to Order Disgorgment of funds from Arcanum/Vestium. (Marciel, M)
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Filing 347
ORDER ADOPTING #309 FINDINGS and RECOMMENDATIONS, in full, signed by Senior Judge Lawrence K. Karlton on 9/28/2010. Court finds Michael Callahan jointly and severally liable for $2 millioin lost by EIMT/Veritas investors in failed CMO investment. Michael Callahan is ORDERED to #171 disgorge up to $2 million to Receiver until such time as EIMT investors are made whole in connectios with failed CMO investment. (Marciel, M)
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| SERVICE BY MAIL: #347 Order Adopting Findings and Recommendations, #348 Order denying Motion for Order of Disgorgement served on Michael J. Callahan. (Marciel, M) |
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Filing 346
ORDER APPROVING RECEIVER'S #310 THIRD INTERIM REPORT and specific authorizations sought therein signed by Senior Judge Lawrence K. Karlton on 09/27/10. (Benson, A.)
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Filing 345
ORDER GRANTING #33 RECEIVER'S SECOND APPLICATON FOR FEES AND COSTS signed by Senior Judge Lawrence K. Karlton on 09/27/10 and ORDERING that the fees and costs sought by Receiver are reasonable and the services rendered have been of benefit to the receivership estate; the Receiver is authorized to engage John H. Moulton as his consultant, at the rate of $175.00/hour, retroactive to 05/26/10. (Benson, A.)
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| SERVICE BY MAIL: #34 Order and #346 Order, served on Michael J. Callahan. (Benson, A.) |
| Filing 344 AMENDED REQUEST for Order Directing Charles Schwab To Provide Documents and Information Concerning B&B Consulting and Kari Beauchamp-Sonovich To Receiver by Stephen E. Anderson. (Attachments: #1 [proposed] Amended Order)(Dupree, Jamie) Modified on 9/28/2010 (Matson, R). |
| Filing 343 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 9/27/2010 re #310 MOTION Notice of Filing of Receiver's Third Interim Report filed by Stephen E. Anderson, and #312 MOTION for ATTORNEY FEES Notice of Receiver's Second Application for Fees and Costs filed by Stephen E. Anderson. Motion will be granted. Court order to follow. Plaintiffs Counsel Jamie Dupree for Receiver present. Court Reporter: C. Bodene. (Rivas, A) |
| Filing 342 DECLARATION of Jaime G. Touchstone in support of #340 Motion for Order Directing Wells Fargo Bank to Release Funds. (Attachments: #1 Exhibits 17 to 20, #2 Exhibit 21, #3 Exhibit 22, #4 Exhibit 23)(Dupree, Jamie) Modified on 9/24/2010 (Benson, A.). |
| Filing 341 DECLARATION of Stephen E. Anderson in support of #340 Motion for Order Directing Wells Fargo Bank to Release Funds. (Attachments: #1 Exhibits 1 to 8, #2 Exhibit 9, #3 Exhibits 10 to 16)(Dupree, Jamie) Modified on 9/24/2010 (Benson, A.). |
| Filing 340 MOTION for Order directing Wells Fargo Bank to release to Receiver all funds in USR Site Acquisition, LLC Savings Account by Stephen E. Anderson. Motion Hearing set for 10/25/10 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Certificate of Service) (Dupree, Jamie) Modified on 9/24/2010 (Benson, A.). |
| SERVICE BY MAIL: #339 Order served on Michael J. Callahan. (Kastilahn, A) |
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Filing 339
ORDER directing Charles Schwab Bank to provide documents and information concerning B&B Consulting and Kari Beauchamp-Sonovich to Receiver, signed by Senior Judge Lawrence K. Karlton on 9/14/10. (Kastilahn, A)
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| Filing 338 REQUEST for Order Directing Charles Schwab Bank To Provide Documents and Information Concerning B&B Consulting and Kari Beauchamp-Sonovich To Receiver by Stephen E. Anderson. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Dupree, Jamie) |
| Filing 337 PROPOSED ORDER granting #334 Motion to Order Disgorgement of Land Rover from Concettina Ferentz by Stephen E. Anderson. (Dupree, Jamie) Modified on 9/15/2010 (Zignago, K.). |
| Filing 336 DECLARATION of Jaime G. Touchstone in Support of #334 Motion to Order Disgorgement of Land Rover from Concettina Ferentz. (Attachments: #1 Exhibits 13 to 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20)(Dupree, Jamie) Modified on 9/15/2010 (Zignago, K.). |
| Filing 335 DECLARATION of Stephen E. Anderson in Support of #334 Motion to Order Disgorgement of Land Rover from Concettina Ferentz. (Attachments: #1 Exhibit 1, #2 Exhibits 2 to 12)(Dupree, Jamie) Modified on 9/15/2010 (Zignago, K.). |
| Filing 334 MOTION to Order Disgorgement of Land Rover from Concettina Ferentz by Stephen E. Anderson. Motion Hearing set for 10/12/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points & Authorities, #2 Certificate of Service)(Dupree, Jamie) Modified on 9/15/2010 (Zignago, K.). |
| Filing 333 TRANSCRIPT of Evidentiary Hearing as to Michael Callahan - Day 2 Proceedings held on 03/30/10, before Magistrate Judge Dale A. Drozd. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/30/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/9/2010 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
| Filing 332 TRANSCRIPT of Evidentiary Hearing as to Michael Callahan - Day 1 Proceedings held on 03/29/30, before Magistrate Judge Dale A. Drozd. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/30/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/9/2010 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
| Filing 331 NOTICE of Hearing to Approve Receiver Stephen E. Anderson's Third Interim Report Filed on August 9, 2010 by Stephen E. Anderson. (Dupree, Jamie) Modified on 9/9/2010 (Williams, D). |
| Filing 330 RE-NOTICE of Receiver's Second Application and Application for Fees and Costs by Stephen E. Anderson. (Dupree, Jamie) Modified on 9/9/2010 (Williams, D). |
| Filing 329 MINUTE ORDER (TEXT ONLY) by CRD re #310 Notice. The parties are hereby notified that the In Court Hearing, re the Reciever's Third Interim Report, is CONTINUED TO 9/27/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Rivas, A) |
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Filing 328
ORDER signed by Senior Judge Lawrence K. Karlton on 9/3/10 ORDERING that pending before the court is the Receiver's #312 motion for fees and costs, currently set to be heard on 9/13/10. Due to a court scheduling conflict, the court CONTINUES the hearing to 9/27/10 at 10:00 AM. The deadlines for filing oppositions or statements of non-opposition, and for filing of a reply, if any, are unchanged. The Receiver is instructed to notify interested parties of the change in the hearing date. (Becknal, R)
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Filing 327
ORDER signed by Senior Judge Lawrence K. Karlton on 8/31/10, ORDERING that Washington Mutual Bank is directed to provide information and documentation to Receiver concerning any and all VIP Washington Mutual Accounts and/or any accounts on which Jarom L. Dastrup, Jaren Ahlmann and/or Anthony Vassallo had signing authority from July 2004 through December 2008, including but not limited to statements and other documentation reflecting receipts by and disbursements from such accounts, account numbers and account holder information. Washington Mutual Bank is further directed to cooperate fully with Receiver in Receiver's activities, investigation and inquiries on behalf of this Court. (Kastilahn, A)
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Filing 326
ORDER signed by Senior Judge Lawrence K. Karlton on 8/31/10, ORDERING that Fletcher Jones Imports is directed to provide information and documentation concerning the May 6, 2009 trade-in and/or sale of the Lamborghini. Fletcher Jones is hereby prohibited from notifying the Damantes of this order prior to providing Receiver with the requested information. Fletcher Jones is hereby further directed to cooperate fully with Receiver in his investigation and inquiries on behalf of this Court.(Kastilahn, A)
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| SERVICE BY MAIL: #326 Order served on Michael J. Callahan. (Kastilahn, A) |
| SERVICE BY MAIL: #327 Order served on Michael J. Callahan. (Kastilahn, A) |
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Filing 325
ORDER signed by Senior Judge Lawrence K. Karlton on 8/26/10: The application by the Securities and Exchange Commission is hereby granted, and the Clerk of the Court is directed to remove Docket Item 316 from the Courts records. (Kaminski, H)
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| SERVICE BY MAIL: #325 Order, served on Michael J. Callahan. (Kaminski, H) |
| Filing 324 REPLY by Stephen E. Anderson re #319 Objections to Findings and Recommendations. (Attachments: #1 Certificate of Service)(Dupree, Jamie) |
| Filing 323 REQUEST for Order Directing Washington Mutual Bank to Produce Documents and Information To Receiver Concerning VIP Accounts by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) Modified on 8/26/2010 (Carlos, K). |
| Filing 322 REQUEST for Order Directing Fletcher Jones Imports To Provide Documents and Information To Receiver by Stephen E. Anderson. (Attachments: #1 [Proposed] Order)(Dupree, Jamie) |
| Filing 321 APPLICATION AND PROPOSED ORDER to Remove Incorrectly Filed Document by Securities and Exchange Commission, re #316 Stipulation filed by Securities and Exchange Commission. (Mitchell, Robert) Modified on 8/16/2010 (Reader, L). |
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Filing 320
ORDER TO EXTEND DEADLINE TO FILE MOTIONS FOR FINANCIAL REMEDIES signed by Senior Judge Lawrence K. Karlton on 8/12/10. The current deadline of 9/30/10 for the hearing of Motions in this case is VACATED. The last day for the Commission to notice and have heard any motion for financial remedies against defendants Vassallo and Kenitzer shall be 45 days following the entry of judgment in the parallel criminal proceeding, U.S. v. Anthony Vassallo, Case no. 2-09-cr-00179-GEB-1.(Mena-Sanchez, L)
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| SERVICE BY MAIL: #320 Order, served on Michael J. Callahan. (Mena-Sanchez, L) |
| Filing 319 OBJECTIONS to FINDINGS and RECOMMENDATIONS #309 by Respondent Michael J. Callahan. (Kaminski, H) |
| Filing 318 PROPOSED ORDER Granting #317 Stipulation to Extended Deadline to file motion for financial remedies by Securities and Exchange Commission. (Mitchell, Robert) Modified on 8/12/2010 (Duong, D). |
| Filing 317 STIPULATION to Extend Deadline to File Motion for Financial Remedies by Securities and Exchange Commission. (Mitchell, Robert) |
| Filing 316 [DISREGARD per order of 8/27/10] STIPULATION to Extend Deadline to File Motion for Financial Remedies by Securities and Exchange Commission. (Mitchell, Robert) Modified on 8/27/2010 (Kaminski, H). |
| Filing 315 CERTIFICATE of SERVICE by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 314 DECLARATION of Jamie L. Dupree in SUPPORT OF #312 MOTION for ATTORNEY FEES. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J)(Dupree, Jamie) Modified on 8/10/2010 (Kaminski, H). |
| Filing 313 DECLARATION of Stephen E. Anderson in SUPPORT OF #312 MOTION for ATTORNEY FEES. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Dupree, Jamie) Modified on 8/10/2010 (Kaminski, H). |
| Filing 312 MOTION for ATTORNEY FEES (Notice of Receiver's Second Application for Fees and Costs) by Stephen E. Anderson. Motion Hearing set for 9/13/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum, #2 proposed Order)(Dupree, Jamie) Modified on 8/10/2010 (Kaminski, H). |
| Filing 311 PROPOSED ORDER re #310 Notice of Filing of Receiver's Third Interim Report by Stephen E. Anderson. (Attachments: #1 Notice of Hearing)(Dupree, Jamie) Modified on 8/10/2010 (Kaminski, H). |
| Filing 310 NOTICE of Filing of Receiver's Third Interim Report by Stephen E. Anderson. (Attachments: #1 Receiver's Third Interim Report)(Dupree, Jamie) Modified on 8/10/2010 (Kaminski, H). |
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Filing 309
FINDINGS and RECOMMENDATIONS, recommending that Court fine Michael Callahan jointly and severally liable for $2 million lost by EIMT/Veritas investors in failed CMO investment and order him to #171 disgorge up to that amount to Receiver until such time as EIMT investors are made whole in connection with this investment, signed by Magistrate Judge Dale A. Drozd on 7/20/2010. Within 21 days after being served with these F/Rs, any pary may file written Objections with Court and serve a copy on all parties. (Marciel, M) Modified on 7/21/2010 (Marciel, M). Modified on 9/29/2010 (Marciel, M).
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| SERVICE BY MAIL: #309 Findings and Recommendations (Motion) served on Michael J. Callahan. (Marciel, M) |
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Filing 308
ORDER signed by Senior Judge Lawrence K. Karlton on 7/16/10 GRANTING Receiver's #306 Request for an Order Directing Lewiston State Bank to provide documents and information concerning the 1/28/09 wire transfer to receiver. (Owen, K)
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Filing 307
ORDER signed by Senior Judge Lawrence K. Karlton on 7/16/10 GRANTING Receiver's #305 Request for an Order Directing US Bank to provide documents and information concerning the BT subfunds to receiver. (Owen, K) Modified on 7/19/2010 (Owen, K).
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| SERVICE BY MAIL: Orders #307 , #308 served on Michael J. Callahan. (Owen, K) |
| Filing 306 REQUEST for Order Directing Lewiston State Bank To Provide Documents and Information Concerning January 28, 2009 Wire Transfer to Receiver by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 305 REQUEST for Order Directing US Bank To Provide Documents and Information Concerning the BT Subfunds to Receiver by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 304
ORDER signed by Senior Judge Lawrence K. Karlton on 6/21/10 directing Premier Title Company, GT Title Services, Atlas Title and First American Title to produce documents and information to receiver concerning wire tranfers from Vastmann Investment Partners. (Zignago, K.)
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| SERVICE BY MAIL: #304 Order served on Michael J. Callahan. (Zignago, K.) |
| Filing 303 REQUEST for Order directing Premier Title Company, GT Title Services, Atlas Title, and First American Title to produce documents and information to receiver concerning Wire Transfers from Vastmann Investment Partners by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 6/18/2010 (Marciel, M). |
| Filing 302 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 6/7/2010 re #271 MOTION to WITHDRAW as ATTORNEY filed by Kenneth Kenitzer, #284 MOTION To Approve Settlement with Lonni and Jay Mooreland filed by Stephen E. Anderson, #263 Motion to Withdraw as Attorney filed by Arcanum Equity Fund, LLC, Vestium Management Group, LLC. Hearing no objections to any of the motions, the motions will be GRANTED. Plaintiffs Counsel Jamie Dupree for the Receiver present. Defendants Counsel C. Dean Homayouni, C. Breck Jones present. Court Reporter: C. Bodene. (Rivas, A) |
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Filing 301
ORDER signed by Senior Judge Lawrence K. Karlton on 6/7/10 ORDERING Receiver's Motion to Approve the Settlement with the Moorelands #284 is GRANTED. (Carlos, K)
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Filing 300
ORDER signed by Senior Judge Lawrence K. Karlton on 6/7/10 ORDERING the motion to withdraw as attorney of record for Arcanum Equity Fund and Vestium Equity Fund #263 is GRANTED and the law office of C. Dean Homayouni is RELIEVED as counsel of record. (Carlos, K)
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Filing 299
ORDER signed by Senior Judge Lawrence K. Karlton on 6/7/10 ORDERING dft Kenitzer's Motion to Withdraw Attorney #271 is GRANTED; Attorney Edward Gartenberg terminated. (Carlos, K)
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| SERVICE BY MAIL: #299 Order on Motion to Withdraw as Attorney, #300 Order on Motion to Withdraw as Attorney, #301 Order on Motion for Miscellaneous Relief served on Michael J. Callahan. (Carlos, K) |
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Filing 298
ORDER Directing Nate & Andy's Quality Auto Sales to Provide Documents and Information to Receiver signed by Senior Judge Lawrence K. Karlton on 6/2/10. (Kaminski, H)
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| SERVICE BY MAIL: #298 Order, served on Michael J. Callahan. (Kaminski, H) |
| Filing 297 WITHDRAWAL of #277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 296 REQUEST for Order Directing Nate & Andy's Quality Auto Sales to Provide Documents and Information to Receiver by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) Modified on 6/2/2010 (Kaminski, H). |
| Filing 295 STATEMENT of NON-OPPOSITION by Stephen E. Anderson to #271 MOTION to WITHDRAW as ATTORNEY. (Dupree, Jamie) |
| Filing 294 STATEMENT of NON-OPPOSITION by Stephen E. Anderson to #263 Motion to Withdraw as Attorney. (Dupree, Jamie) |
| Filing 293 CERTIFICATE of SERVICE by Kenneth Kenitzer re #292 Certificate of Service. (Gartenberg, Edward) |
| Filing 292 CERTIFICATE of SERVICE by Kenneth Kenitzer re #291 Notice - Other. (Gartenberg, Edward) |
| Filing 291 NOTICE of Request for Telephonic Appearance by Kenneth Kenitzer. (Attachments: #1 Proposed Order Granting Firm's Request to Appear Telephonically at Hearing)(Gartenberg, Edward) |
| Filing 290 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Kenneth Kenitzer. (Gartenberg, Edward) |
| Filing 289 CERTIFICATE of SERVICE by Stephen E. Anderson re #287 Declaration, #286 Declaration, #284 MOTION To Approve Settlement with Lonni and Jay Mooreland, #288 Proposed Order, #285 Memorandum . (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 288 PROPOSED ORDER re #284 MOTION To Approve Settlement with Lonni and Jay Mooreland by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 287 DECLARATION of Jamie L. Dupree in SUPPORT OF #284 MOTION To Approve Settlement with Lonni and Jay Mooreland. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 286 DECLARATION of Stephen E. Anderson in SUPPORT OF #284 MOTION To Approve Settlement with Lonni and Jay Mooreland. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 285 MEMORANDUM by Stephen E. Anderson in SUPPORT of #284 MOTION To Approve Settlement with Lonni and Jay Mooreland. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 284 MOTION To Approve Settlement with Lonni and Jay Mooreland by Stephen E. Anderson. Motion Hearing set for 6/7/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Certificate of Service to Investors)(Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
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Filing 283
ORDER signed by Senior Judge Lawrence K. Karlton on 5/7/10 ORDERING Ticor Title Las Vegas to Produce Documents and Information Concering the Purchase of 2845 Loveland Drive #274 . (Becknal, R)
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| Filing 282 CERTIFICATE of SERVICE by Stephen E. Anderson re #280 Declaration, #277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith, #279 Declaration, #281 Proposed Order, #278 Memorandum in Support of Motion. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 281 PROPOSED ORDER re #277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 280 DECLARATION of Jamie L. Dupree in SUPPORT OF #277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith. (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12)(Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 279 DECLARATION of Stephen E. Anderson in SUPPORT OF #277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith. (Attachments: #1 Exhibits 1 through 9)(Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 278 MEMORANDUM by Stephen E. Anderson in SUPPORT of #277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| Filing 277 MOTION for Order Disgorgement of $270,000 Transferred To DeWayne Smith by Stephen E. Anderson. Motion Hearing set for 6/7/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Dupree, Jamie) Modified on 5/10/2010 (Duong, D). |
| SERVICE BY MAIL: #283 Order served on Michael J. Callahan. (Becknal, R) |
| Filing 276 REQUEST for Order Directing Ticor Title Las Vegas To Produce Documents and Information Concerning the Purchase of 2845 Loveland Drive by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 275
ORDER signed by Senior Judge Lawrence K. Karlton on 5/5/10 prohibiting transfer of Land Rover vehicle without further order of the court and requiring the maintenance of insurance. (Carlos, K)
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| SERVICE BY MAIL: #275 Order served on Michael J. Callahan. (Carlos, K) |
| Filing 274 REQUEST for Order Prohibiting Transfer of Land Rover Vehicle Without Further Order of the Court and Requiring the Maintenance of Insurance by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 273 CERTIFICATE of SERVICE by Kenneth Kenitzer re #272 Proposed Order, #271 MOTION to WITHDRAW as ATTORNEY (Gartenberg, Edward) Modified on 5/6/2010 (Reader, L). |
| Filing 272 PROPOSED ORDER Granting #271 MOTION to WITHDRAW as ATTORNEY by Kenneth Kenitzer. (Gartenberg, Edward) Modified on 5/6/2010 (Reader, L). |
| Filing 271 MOTION to WITHDRAW as ATTORNEY by Kenneth Kenitzer. Motion Hearing set for 6/7/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Gartenberg, Edward) Modified on 5/6/2010 (Reader, L). |
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Filing 270
ORDER Directing Strong McPherson & company to Provide Documents and Information permitting Receiver to Trace $423,320.80 received on or about 11/9/2007 signed by Senior Judge Lawrence K. Karlton on 4/27/2010 re #267 . (Duong, D)
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| SERVICE BY MAIL: #270 Order served on Michael J. Callahan. (Duong, D) |
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Filing 269
ORDER #261 signed by Senior Judge Lawrence K. Karlton on 4/27/2010 regarding dispositiion of $76,552.79 paid to Land Rover of Newport Beach on or about 11/13/2007 to assist Receiver to trace EIMT funds transferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc.. (Marciel, M)
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Filing 268
ORDER #260 signed by Senior Judge Lawrence K. Karlton on 4/27/2010 directing Charles Jarvis aka "Charlie" Jarvis and William Wheeler to provide information and documents to Receiver concerning EIMT funds transferred to Jeff Dennis Ferentz and/or Jeff Ferentz, Inc.. (Marciel, M)
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| SERVICE BY MAIL: #268 #269 Orders served on Michael J. Callahan. (Marciel, M) |
| Filing 267 REQUEST for Order directing Stong McPherson & Company to provide documents and information permitting Receiver to trace $423,320.80 received on or about November 9, 2007 by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 4/27/2010 (Marciel, M). Modified on 4/28/2010 (Duong, D). |
| Filing 266 PROPOSED ORDER by Arcanum Equity Fund, LLC, Vestium Management Group, LLC., Granting #263 Motion to Withdraw as Attorney (Homayouni, Cyrus) Modified on 4/26/2010 (Reader, L). |
| Filing 265 PROPOSED ORDER granting #263 Motion to Withdraw as Attorney. (Homayouni, Cyrus) Modified on 4/23/2010 (Marciel, M). |
| Filing 264 DECLARATION of C. Dean Homayouni in support of #263 Motion to Withdraw as Attorney. (Homayouni, Cyrus) Modified on 4/23/2010 (Marciel, M). |
| Filing 263 MOTION to WITHDRAW as ATTORNEY by Arcanum Equity Fund, LLC and Vestium Management Group, LLC. Motion Hearing set for 6/7/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Homayouni, Cyrus) Modified on 4/23/2010 (Marciel, M). |
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Filing 262
ORDER signed by Senior Judge Lawrence K. Karlton on 4/22/2010 re #260 ORDERING that AT&T, Skype and Yahoo are each further directed to cooperate fully with Receiver in Receiver's activities, investigation and inquiries on behalf of this Court. (Duong, D)
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| SERVICE BY MAIL: #262 Order served on Michael J. Callahan. (Duong, D) |
| Filing 261 REQUEST for Order regarding disposition of $76,552.79 paid to Land Rover of Newport Beach on or about 11/13/2007 to assist Receiver to trace EIMT Funds transferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc. by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 4/22/2010 (Marciel, M). |
| Filing 260 REQUEST for Order directing Charles Jarvis AKA "Charlie" Jarvis and William Wheeler to provide information and documents to Receiver concerning EIMT Funds transferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc. by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 4/22/2010 (Marciel, M). Modified on 4/22/2010 (Duong, D). |
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Filing 259
ORDER signed by Senior Judge Lawrence K. Karlton on 4/20/10 DIRECTING Wells Fargo to freeze USR site acquisition, LLC savings account pending further court order. (Owen, K)
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Filing 258
ORDER signed by Senior Judge Lawrence K. Karlton on 4/20/2010 DIRECTING Hale, Lane, Peek, Dennison and Howard to provide documents and information permitting receiver to trace $800,000 from JD Centuries, LLC account on or about 11/8/2007. (Engbretson, K.)
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| SERVICE BY MAIL: #258 Order served on Michael J. Callahan. (Engbretson, K.) |
| SERVICE BY MAIL: #259 Order served on Michael J. Callahan. (Owen, K) |
| Filing 257 REQUEST for Order directing AT&T, Skype and Yahoo each to produce documents and information concerning Vassallo accounts by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 4/21/2010 (Marciel, M). |
| Filing 256 REQUEST for Order directing Hale, Lane, Peek, Dennison, and Howard to provide documents and information permitting Receiver to trace $800,000 from JD Centuries, LLC account on or about November 8, 2007 by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 4/20/2010 (Marciel, M). |
| Filing 255 REQUEST for Order directing Wells Fargo to freeze USR Site Acquisition, LLC Savings Account pending further Court Order by Stephen E. Anderson. (Attachments: #1 Proposed Order) (Dupree, Jamie) Modified on 4/20/2010 (Marciel, M). |
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Filing 254
ORDER signed by Senior Judge Lawrence K. Karlton on 4/19/10 ORDERING the deadline of 6/30/10 for the hearing of motions in this case is VACATED; the last day for the Commission to notice and have any motion for financial remedies against dfts Vassallo and Kenitzer is 9/30/10; and because judgment has been entered in this case, the pretrial conference and the trial are VACATED.(Carlos, K)
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| Filing 253 PROPOSED ORDER Proposed Order re #252 Status Report by Securities and Exchange Commission. (Mitchell, Robert) |
| Filing 252 STATUS REPORT by Securities and Exchange Commission. (Mitchell, Robert) |
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Filing 251
ORDER signed by Senior Judge Lawrence K. Karlton on 4/14/10 ORDERING the recipient of the Land Rover Check to provide Receiver with information about the disposition of that check, including but not limited to producing documents and information concerning any vehicle purchased with the Land Rover Check. The recipient of the Land Rover Check is hereby further directed to cooperate fully with Receiver in his investigation into the disposition of that check.(Becknal, R)
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| SERVICE BY MAIL: #251 Order served on Michael J. Callahan. (Becknal, R) |
| Filing 250 REQUEST for Order regarding Disposition of $76,552.79 from Nevada Securities Arbitration Services, Inc. Account on or about November 13, 2007 To Assist Receiver To Trace EIMT Funds Transferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc. by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 249
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 4/12/2010 ORDERING that the Evidentiary Hearing set for 4/12/2010 and 4/13/2010 is dropped from the Court's calendar. The parties shall keep the Court apprised of the status of this matter. (Engbretson, K.)
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| SERVICE BY MAIL: #249 Stipulation and Order served on Michael J. Callahan. (Engbretson, K.) |
| Filing 248 NOTICE of FILING BANKRUPTCY Upon the Record as to Vestium Equity Fund, LLC Real Party in Interest by Vestium Management Group, LLC (Attachments: #1 Certificate of Service)(Homayouni, Cyrus) |
| Filing 247 STIPULATION and PROPOSED ORDER for Taking Evidentiary Hearing on Receiver's Motion to Order Disgorgement of Funds Off Calendar Pending Bankruptcy Filing of Vestium Equity Fund, LLC by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 246 NOTICE of FILING BANKRUPTCY Upon the Record as to Vestium Management Group, LLC Real Party in Interest by Vestium Management Group, LLC (Attachments: #1 Certificate of Service)(Homayouni, Cyrus) |
| Filing 245 NOTICE of FILING BANKRUPTCY Upon the Record as to Arcanum Equity Fund, LLC Real Party in Interest by Arcanum Equity Fund, LLC (Attachments: #1 Certificate of Service)(Homayouni, Cyrus) |
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Filing 242
ORDER signed by Senior Judge Lawrence K. Karlton on 4/5/10 ORDERING the CID to provide Receiver with the Vassallo Computer when CID no longer needs that computer for their investigation. (Owen, K)
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| SERVICE BY MAIL: #242 Order served on Michael J. Callahan. (Owen, K) |
| Filing 241 REQUEST for Order Permitting Criminal Investigation Division of Internal Revenue Service To Release Computer To Receiver by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 240 WITHDRAWAL of #233 Application to Shorten Time MOTION to CONTINUE Evidentiary Hearing by Vestium Management Group, LLC. (Homayouni, Cyrus) |
| Filing 239 PROPOSED ORDER re #236 Opposition to Motion by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 244 MINUTES for proceedings held before Magistrate Judge Dale A. Drozd: EVIDENTIARY HEARING held on 3/30/2010. Court back in session. Michael Callahan, sworn and testified. Cross examination. Court addressed the parties with preliminary thoughts. Receiver's Exhibits Admitted: 36, Judicial Notice: 34-35, 37-38; Party in Interest Exhibits Admitted: B, E, G, F. Court to issue written findings and recommendations. Receivers closing arguments. Mr. Callahans closing argument. Court addressed request for continuance of second evidentiary hearing. Court adjourned. Party in Interest: Michael Callahan, pro se; Counsel for Receiver: Jaime Dupree, Jaime Touchstone present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
| Filing 243 MINUTES for proceedings held before Magistrate Judge Dale A. Drozd: EVIDENTIARY HEARING held on 3/29/2010. Preliminary Matters. Court reviewed evidentiary hearing schedule and reviewed Judge Karlton's order and the courts the role as to issuing findings and recommendations as to issue of facts. Motion to exclude witnesses. All witnesses excluded from courtroom. Counsel for receiver informed court she will be taking the stand as a witness as well. Jaime Dupree, counsel for receiver allowed to remain in the courtroom. Counsel for Receiver called Stephen Anderson, Bruce Davis, and Jaime Dupree, sworn and testified. Cross examination by Michael Callahan. Receiver's Exhibits admitted: 1-10, 12, 31, 14-30; Judicial Notice: 11, 13; Party in Interest Exhibits: A, D. Party in Interest: Michael Callahan, pro se; Counsel for Receiver:Jaime Dupree, Jaime Touchstone present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) |
| Filing 238 DECLARATION of Jamie L. Dupree and Request for Judicial Notice in OPPOSITION TO #233 Motion to Continue Evidentiary Hearing. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dupree, Jamie) Modified on 3/30/2010 (Owen, K). |
| Filing 237 DECLARATION of Stephen E. Anderson in OPPOSITION TO #233 Motion to Continue Evidentiary Hearing. (Dupree, Jamie) Modified on 3/30/2010 (Owen, K). |
| Filing 236 OPPOSITION by Stephen E. Anderson to #233 Motion to Continue Evidentiary Hearing. (Dupree, Jamie) Modified on 3/30/2010 (Owen, K). |
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Filing 235
MINUTE ORDER: The court hereby sets a hearing for real parties in interests' motion to continue evidentiary hearing (doc. #233) for Monday, April 5, 2010 at 10:00 a.m. Receiver is instructed to file an opposition or statement of non-opposition no later than Tuesday, March 30, 2010 at 9:00 a.m. Approved by Senior Judge Lawrence K. Karlton on 03/26/2010. (Hoover, S)
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Filing 234
ORDER signed by Senior Judge Lawrence K. Karlton on 3/23/10 ORDERING that on 12/31/08, $1,875,000 of EIMT investor funds were transferred to Matthew Tucker, in connection with the purported purchase of a "Collateralized Mortgage Obligation." This Court previously issued an order authorizing Bank of America to assist Receiver in tracing the EIMT investor funds transferred to Matthew Tucker by providing information and documentation #96 , which remains in full force and effect Receiver's investigation revealed the following: On or about 1/5/09, $400,000.00 was transferred from Matthew Tucker's Bank of America account to a Citibank account held in the name of HPHC, Inc. To further assist Receiver's investigation in tracing the EIMT funds transferred to Matthew Tucker, the Court directs Citibank to provide information and documentation concerning the 1/5/09 wire from Matthew Tucker to HPHC, Inc. for $400,000.00, including but not limited to statements and other documentation reflecting receipts by and disbursements from such accounts related to that transfer, account numbers, account holder identification and details of any related transactions. Citibank is further directed to cooperate fully with Receiver in Receivers activities, investigation and inquiries on behalf of this Court. (Becknal, R)
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| Filing 233 MEMORANDUM to CONTINUE Evidentiary Hearing by Arcanum Equity Fund, LLC, Vestium Management Group, LLC. (Attachments: #1 Notice, #2 Application to Shorten Time, #3 Affidavit, #4 Stipulation and Proposed Order, #5 Declaration, #6 Proposed Order, #7 Certificate of Service)(Homayouni, Cyrus) Modified on 3/24/2010 (Kaminski, H). Modified on 3/29/2010 (Matson, R). |
| Filing 232 REQUEST for Order Directing Citibank To Produce Documents and Information Concerning Wire Transfer from Matthew Tucker to HPHC, Inc. by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 231
ORDER DIRECTING the Heritage Escrow Company to produce documents and information concering wire transfer from JD Centuries LLC to assist receiver to trace EIMT funds transferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc re #230 signed by Senior Judge Lawrence K. Karlton on 3/18/2010. (Duong, D)
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| Filing 230 REQUEST for Order Directing the Heritage Escrow Company To Produce Documents and Information by Stephen E. Anderson. (Attachments: #1 (proposed Order)(Dupree, Jamie) Modified on 3/18/2010 (Kaminski, H). |
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Filing 229
ORDER signed by Senior Judge Lawrence K. Karlton on 03/10/10 ORDERING that, re #226 Letter from Roger Dorner, that the investors should retain counsel if they wish to intervene. (Benson, A.)
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| SERVICE BY MAIL: #229 Order served on Michael J. Callahan. (Benson, A.) |
| Filing 228 JUDGMENT OF PERMANENT INJUNCTION AND OTHER RELIEF AGAINST DEFENDANT ANTHONY VASSALLO signed by Senior Judge Lawrence K. Karlton on 3/8/10. (Mena-Sanchez, L) |
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Filing 227
ORDER signed by Senior Judge Lawrence K. Karlton on 3/9/10 GRANTING receiver's #224 Request and directing Bank of America to produce documents. (Owen, K)
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| SERVICE BY MAIL: #228 Judgment served on Michael J. Callahan. (Mena-Sanchez, L) |
| SERVICE BY MAIL: #227 Order served on Michael J. Callahan. (Owen, K) |
| Filing 226 LETTER from Roger Dorner (Matson, R) |
| Filing 225 TRANSCRIPT of Telephonic Status Conference Proceedings held on 01/22/10, before Magistrate Judge Dale A. Drozd. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/26/2010. Redacted Transcript Deadline set for 4/5/2010. Release of Transcript Restriction set for 6/3/2010 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) |
| Filing 224 REQUEST for Order Directing Bank of America To Produce Documents re Quest Account and UBS to Produce Documents re Changing the Planet Account To Assist Receiver To Trace Funds by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 223
ORDER re #222 Proposed Order, signed by Senior Judge Lawrence K. Karlton on 3/3/2010. Receiver is hereby authorized to act on behalf of Veritas Foundation to transfer the title of the Lexus purchased with EIMT investor funds and to take all other actions necessary to achieve the purpose of this order.(Kastilahn, A)
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| SERVICE BY MAIL: #223 Order served on Michael J. Callahan. (Kastilahn, A) |
| Filing 222 [PROPOSED] ORDER Authorizing Receiver To Act On Behalf Of Veritas Foundation To Transfer Lexis LX570 by Stephen E. Anderson. (Attachments: #1 Proposed Order)(Dupree, Jamie) Modified on 3/4/2010 (Mena-Sanchez, L). |
| Filing 221 [PROPOSED] Judgment of Permanent Injunction and Other Relief Against Anthony Vassallo re #220 . (Mitchell, Robert) Modified on 3/4/2010 (Mena-Sanchez, L). |
| Filing 220 STIPULATION and PROPOSED ORDER for Consent of Defendant Anthony Vassallo to Judgment of Permanent Injunction and Other Relief by Securities and Exchange Commission. (Mitchell, Robert) |
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Filing 219
ORDER signed by Senior Judge Lawrence K. Karlton on 2/24/10 ORDERING banks and/or financial institutions to produce documents regarding Centuries Worldwide LLC, JD Centuries LLC, Nevada Securities Arbitration, USR Site Acquisition, Nationwide Securities Arbitration, USR Site Acquisition and/or Charles to assist Receiver to trace EIMT funds transferred to Jeff Dennis Ferentz and Jeff Dennis Ferentz, Inc.. (Carlos, K)
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| Filing 218 REQUEST for Order Directing Banks and/or Financial Institutions To Produce Documents Concerning Centuries Worldwide LLC, JD Centuries LLC, Nevada Securities Arbitration, USR Site Acquisition, Nationwide Securities Arbitration, Inc., USR Site Development, LLC, USR Site Aquisition, LLC, and/or Charles Jarvis To Assist Receiver To Trace EIMT Funds Transferred to Jeff Dennis Ferentz and Jeff Dennis Ferentz, Inc. by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 217
ORDER signed by Senior Judge Lawrence K. Karlton on 2/16/10 ORDERING that Receiver is hereby authorized to engage the firm of Holland & Hart LLP, and to utilize the services of Mona Burton at $395 an hour. Receiver is hereby further authorized to utilize the services of other attorneys and staff at Holland & Hart LLP provided that the billing rates of those attorneys and staff are commensurate with their level of experience and the rates authorized herein.(Dillon, M)
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Filing 216
ORDER signed by Senior Judge Lawrence K. Karlton on 2/16/10 ORDERING that the Court reappoints Receiver Stephen E. Anderson as Receiver for Equity InvestmentManagement and Trading, Inc. (EIMT).(Dillon, M)
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| SERVICE BY MAIL: #217 Order, #216 Order served on Michael J. Callahan. (Dillon, M) |
| Filing 215 PROPOSED ORDER Proposed Order Reappointing Receiver to Comply with 28 U.S.C. Section 754 by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 214 MOTION for Order Authorizing Receiver to Employ Utah Counsel by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) Modified on 2/16/2010 (Dillon, M). |
| Filing 213 CERTIFICATE of SERVICE by Securities and Exchange Commission. (Winkler, Monique) |
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Filing 212
ORDER authorizing receiver to list the fiddletown property for sale on the multiple listing service and establishing procedures to confirm sale signed by Senior Judge Lawrence K. Karlton on 2/1/10. (Mena-Sanchez, L)
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| SERVICE BY MAIL: #212 Order served on Michael J. Callahan. (Mena-Sanchez, L) |
| Filing 211 REQUEST for Order Authorizing Receiver to List the Fiddletown Property for Sale on the Multiple Listing Service and Establishing Procedures to Confirm Sale by Stephen E. Anderson. (Attachments: #1 proposed Order)(Dupree, Jamie) |
| SERVICE BY MAIL: 210 Minutes of Status Conference setting as to Michael Callahan a three day evidentiary hearing set for 3/29/10 at 9:00 a.m. As to Arcanum Equity Fund, LLC, two day evidentiary hearing set 4/12/10 at 9:00 a.m. served on Michael J. Callahan. (Buzo, P) |
| Filing 210 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: STATUS CONFERENCE held on 1/22/2010. After discussion of conducting a joint or separate evidentiary hearings, court set the following schedule: As to Michael Callahan, three day Evidentiary Hearing set for 3/29/2010 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. As to Arcanum Equity Fund, LLC, two day Evidentiary Hearing set for 4/12/2010 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Court noted any party wishing to seek a discovery order to file a motion. Court would hear matter by stipulation of the parties for an order shortening time before the date of the evidentiary hearings. Defendants Counsel Michael Callahan, pro se party interest; Jaime Dupree and Jaime Godin for Stephen Anderson, receiver; C. Dean Homayouni for Arcanum Equity Fund and Vestium Management Group, parties in interest; All Telephonic. Court Reporter/CD Number: ECRO/1. (Buzo, P). |
| Filing 209 TRANSCRIPT of Proceedings Re: Motion For Disgorgement of Funds held on 12-7-09, before Senior Judge Lawrence K. Karlton, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/29/2010. Redacted Transcript Deadline set for 2/8/2010. Release of Transcript Restriction set for 4/8/2010. (Bodene, C) |
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Filing 208
ORDER SETTING STATUS CONFERENCE signed by Magistrate Judge Dale A. Drozd on 1/5/10 ORDERING that a Telephonic Status Conference is set for 1/22/2010 at 11:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Parties shall each contact Pete Buzo, Courtroom Deputy to the undersigned, at (916) 930-4128, at least forty-eight hours prior to the status conference. (Donati, J)
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| SERVICE BY MAIL: #208 Order served on Michael J. Callahan. (Donati, J) |
| Filing 207 NOTICE of Entry of Order by Stephen E. Anderson re #202 Order on Motion for Miscellaneous Relief,,, Order on Motion to Continue,,. (Dupree, Jamie) |
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Filing 206
ORDER DIRECTING HSBC TO PRODUCE DOCUMENTS re Anthony Vassallo Accounts and Freezing Accounts signed by Senior Judge Lawrence K. Karlton on 12/23/09 re #205 . (Duong, D)
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| SERVICE BY MAIL: #206 Order on Motion for Miscellaneous Relief served on Michael J. Callahan. (Duong, D) |
| Filing 205 REQUEST for Order Directing HSBC to Produce Documents re Anthony Vassallo Account(s) and Freezing Account(s) by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) Modified on 12/24/2009 (Duong, D). |
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Filing 204
ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09 ORDERING that Bank of America is directed to cooperate fully with Receiver in transmitting documents and freezing the accounts and in Receiver's activities, investigation and inquiries on behalf of this Court. (Becknal, R)
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Filing 203
ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09: The court orders that the evidentiary hearing is referred to Magistrate Judge Dale A. Drozd pursuant to Local Rule 302(a). Judge Drozd will confer with Vestium, Arcanum, Michael Callahan, and the Receiver, and set a date and time for the hearing or hearings as well as entertain any motions demonstrating good cause to conduct limited discovery. (Kaminski, H) .
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Filing 202
ORDER signed by Senior Judge Lawrence K. Karlton on 12/11/09: Callahan's motion for a continuance is DENIED. The court orders Tucker to disgorge $2.0 million received from Veritas. The court further orders that the evidentiary hearing is referred to Magistrate Judge Dale A. Drozd. Judge Drozd will confer with Callahan, Arcanum Equity Fund, LLC, Vestium Equity Fund, LLC, and Vestium Management Group, LLC, the Receiver, and set a date and time for the hearing or hearings as well as entertain any motions demonstrating good cause to conduct limited discovery. (Kaminski, H).
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| SERVICE BY MAIL: #203 Order, #202 Order, served on Michael J. Callahan. (Kaminski, H) |
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Filing 201
ORDER signed by Senior Judge Lawrence K. Karlton on 12/8/09 GRANTING Receiver's first application for fees and costs. (Engbretson, K.)
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Filing 200
ORDER signed by Senior Judge Lawrence K. Karlton on 12/8/09 APPROVING Receiver Stephen E. Anderson's #154 Second Interim Report and specific authorizations sought therein and APPROVING #101 First Interim Report. (Engbretson, K.)
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| Filing 199 REQUEST for Order Directing Bank of America To Produce Documents re Lombardian Royal Trust Account(s) and Freezing Account(s) by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| SERVICE BY MAIL: #200 Order and #201 Order served on Michael J. Callahan. (Engbretson, K.) |
| Filing 198 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTIONS HEARING held on 12/7/2009 re #135 Receiver's Motion To Order Disgorgement of Lexus LX570 by Stephen E. Anderson. #155 Receiver Stephen Anderson's First and Second Interim Reort. #157 Receiver's First Application for Fees and Costs. #163 MOTION to Order Disgorgement of Funds from Arcanum/Vestium filed by Stephen E. Anderson, and #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker filed by Stephen E. Anderson. MOTIONS SUBMITTED: Court shall issue orders and Receiver shall prepare order re: Lexus LX570. Plaintiffs Counsel Jamie Dupree, Jaime Godin present. Defendants Counsel C. Dean Homayouni, Michael Callahan - Pro Per, present. Court Reporter/CD Number: C. Bodene. (Narcisse, M) |
| Filing 197 OPPOSITION by Stephen E. Anderson to #194 MOTION to CONTINUE. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Dupree, Jamie) Modified on 12/2/2009 (Kaminski, H). |
| Filing 196 PROPOSED ORDER re #194 MOTION to CONTINUE by Michael J. Callahan. (Kaminski, H) |
| Filing 195 DECLARATION of Michael J. Callahan in support of #194 MOTION to CONTINUE. (Kaminski, H) |
| Filing 194 MOTION to CONTINUE #171 MOTION by Michael J. Callahan. (Kaminski, H) |
| Filing 193 CERTIFICATE of SERVICE by Stephen E. Anderson re #182 Declaration, #183 Declaration, #180 Reply, #181 Declaration, #184 Response. (Dupree, Jamie) |
| Filing 192 CERTIFICATE of SERVICE by Stephen E. Anderson re #189 Declaration, #187 Reply, #188 Declaration, #191 Response, #190 Declaration. (Dupree, Jamie) |
| Filing 191 RESPONSE by Stephen E. Anderson to #179 Opposition to Motion. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 190 DECLARATION of Stephen E. Anderson in SUPPORT of #163 MOTION to Order Disgorgement of Funds from Arcanum/Vestium. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 189 DECLARATION of Charles Hooper in SUPPORT of #163 MOTION to Order Disgorgement of Funds from Arcanum/Vestium. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 188 DECLARATION of Kenneth Kenitzer in SUPPORT of #163 MOTION. (Attachments: #1 Exhibits 42 to 52, #2 Exhibits 53 to 64)(Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 187 REPLY by Stephen E. Anderson re #163 MOTION. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 184 RESPONSE by Stephen E. Anderson re #179 Opposition to Motion,. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 183 DECLARATION of Jamie L. Dupree in SUPPORT of #171 MOTION . (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 182 DECLARATION of Bruce Dravis in SUPPORT od #171 MOTION. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 181 DECLARATION of Stephen E. Anderson in SUPPORT of #171 MOTION. (Dupree, Jamie) Modified on 11/30/2009 (Kaminski, H). |
| Filing 180 REPLY by Stephen E. Anderson re #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Dupree, Jamie) |
| PARTY UPDATE: Michael J. Callahan added. (Suttles, J) |
| Filing 186 DECLARATION of Michael J. Callahan in Opposition to #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Suttles, J) |
| Filing 185 REPLY by Michael J. Callahan in Opposition to #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Suttles, J) |
| Filing 179 OPPOSITION by Arcanum Equity Fund, LLC, Vestium Management Group, LLC to #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Attachments: #1 Exhibits c- p and C-F, #2 Exhibits G - H, #3 Exhibits I - J, #4 Exhibit K, #5 Ehibit L - U)(Mena-Sanchez, L)[FILED IN NON-COMPLIANCE OF LOCAL RULE 133] Modified on 1/22/2010 (Waggoner, D). |
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Filing 178
ORDER signed by Senior Judge Lawrence K. Karlton on 11/13/09, GRANTNG #120 Receiver's Motion. EIMT is the sole owner of any and all membership interests in EIMT Properties, LLC. Receiver is hereby authorized to execute any and all appropriate documentation to unwind the purported Membership Transfer, restoring EIMTs interest in EIMT Properties, LLC, and returning the Kenitzer Family Foundations fifty percent (50%) interest in Tracy Clover 22, LLC to it. EIMT has no interest in Tracy Clover 22, LLC, and Receiver is hereby authorized to relinquish any claim of interest in Tracy Clover 22, LLC.(Kastilahn, A)
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| Filing 177 CERTIFICATE of SERVICE by Stephen E. Anderson re #171 #172 #173 #174 #175 #176 . (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 176 PROPOSED ORDER Granting Receiver's #171 Motion to Order Disgorgement of $2.0 million transferred to Michael Callahan and Matthew Tucker . (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 175 DECLARATION of Jamie L. Dupree in SUPPORT OF #171 MOTION Notice of Motion and Receiver's Motion to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Dupree, Jamie) |
| Filing 174 DECLARATION of Stephen E. Anderson in SUPPORT OF #171 MOTION Motion to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 173 DECLARATION of Cindi Sherrod in SUPPORT OF #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 172 MEMORANDUM by Stephen E. Anderson in SUPPORT of #171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 171 MOTION to Order Disgorgement of $2.0 Million Transferred to Michael Callahan and Matthew Tucker by Stephen E. Anderson. Motion Hearing set for 12/7/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 170 CERTIFICATE of SERVICE by Stephen E. Anderson re #163 #164 #166 #167 #168 #169 . (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 169 PROPOSED ORDER Granting Receiver's #163 Motion to Order Disgorgement of Funds from Arcanum/Vestium by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 168 DECLARATION of Jaime E. Godin in SUPPORT OF #163 Receiver's Motion to Order Disgorgement of Funds from Arcanum/Vestium. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 167 DECLARATION of Kenneth Kenitzer in SUPPORT OF #163 Receiver's Motion to Order Disgorgement of Funds from Arcanum/Vestium. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 166 DECLARATION of Stephen E. Anderson in SUPPORT OF #163 Receiver's Motion to Order Disgorgement of Funds from Arcanum/Vestium. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 165 DUPLICATE - DISREGARD [ MOTION Errata of Notice of Motion and Receiver's Motion to Order Disgorgement of Funds from Arcanum/Vestium by Stephen E. Anderson]. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 164 MEMORANDUM of Points and Authorities in support of #163 Motion to Order Disgorgement of Funds from Arcanum/Vestium by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 163 MOTION to Order Disgorgement of Funds from Arcanum/Vestium by Receiver Stephen E. Anderson. Hearing set for 12/7/09 10:00am. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 162 CERTIFICATE of SERVICE re #157 #155 by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 161 PROPOSED ORDER Granting Receiver's First Application for Fees and Costs by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 160 DECLARATION of Jamie L. Dupree in SUPPORT OF #158 MOTION for ATTORNEY FEES (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 159 DECLARATION of Stephen E. Anderson in SUPPORT OF #158 MOTION for ATTORNEY FEES (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 158 MOTION for ATTORNEY FEES/ Memorandum In Support of Receiver's First Application for Fees and Costs by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 157 NOTICE of Receiver's First Application and Application for Fees and Costs by Stephen E. Anderson. Hearing set for 12/7/09 10:00am. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 156 PROPOSED ORDER Approving Receiver Stephen E. Anderson's Second and First Interim Reports by Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 155 NOTICE of Hearing to Approve Receiver Stephen E. Anderson's Second Interim Report filed on November 6, 2009 and First Interim Report filed on July 9, 2009 by Stephen E. Anderson. Hearing set for 12/7/09 10:00am. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
| Filing 154 SECOND INTERIM REPORT by Receiver Stephen E. Anderson. (Dupree, Jamie) Modified on 11/9/2009 (Duong, D). |
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Filing 153
ORDER signed by Senior Judge Lawrence K. Karlton on 10/22/09 ORDERING that the First Utah Bank is hereby directed to provide to Receiver information and documentation concerning any and all EIMT/Vassallo Account(s) from 1/1/06, including, but not limited to statements and other documentation reflecting receipts by and disbursements from such accounts, account numbers and account holder identification. Pending Receiver's investigation, First Utah Bank is hereby directed to freeze concerning any and all EIMT/Vassallo Account(s) until further order of the Court; First Utah Bank is hereby further directed to cooperate fully with Receiver in transmitting these documents and freezing the accounts and in Receiver's activities, investigation' and inquiries on behalf of this Court.(Becknal, R)
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| Filing 152 WITHDRAWAL of #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570 by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 151 REQUEST for Order Directing First Utah Bank To Produce Documents re EIMT/Vassallo Accounts and Freezing Accounts by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 150 REPLY MEMORANDUM of Points and Authorities by Stephen E. Anderson in SUPPORT of MOTION #135 . (Dupree, Jamie) Modified on 10/20/2009 (Mena-Sanchez, L). |
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Filing 149
ORDER signed by Senior Judge Lawrence K. Karlton on 10/13/09 directing banks and/or financial institutions to produce documents concerning EIMT funds tranferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc. (Owen, K)
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Filing 148
ORDER signed by Senior Judge Lawrence K. Karlton on 10/13/2009 Directing Brokerage Houses to Produce Documents and Close all EIMT Brokerage Accounts. (Suttles, J)
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| Filing 147 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 10/13/2009 re #120 Motion To Unwind Purported Transfer filed by Stephen E. Anderson. No Appearance for defense. Hearing no objections, the motion is GRANTED. Plaintiff's counsel to submit a proposed order. Plaintiffs Counsel Jamie Dupree present. Defendants Counsel No Appearance present. Court Reporter: C. Bodene. (Rivas, A) |
| Filing 146 EXHIBIT 2 to the declaration of Melissa McLeod in Support of Opposition re #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570 filed by Stephen E. Anderson. (Wilson, Dennis) |
| Filing 145 EXHIBIT 1 of part 2 of 2 to Declaration of Melissa McLeod Declaration in Support of Opposition re #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570 filed by Stephen E. Anderson. (Wilson, Dennis) Modified on 10/15/2009 (Rivas, A). |
| Filing 144 EXHIBIT 1 part 1 of 2 of Declaration of Melissa McLeod re #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570 filed by Stephen E. Anderson. (Wilson, Dennis) |
| Filing 143 DECLARATION of Melissa McLeod in Support of Opposition #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570. (Wilson, Dennis) |
| Filing 142 OPPOSITION by Melissa McLeod to #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570. (Wilson, Dennis) |
| Filing 141 POINTS AND AUTHORITIES IN OPPOSITION by Melissa McLeod to #135 Receiver's Motion To Order Disgorgement of Lexus LX570. (Wilson, Dennis) Modified on 10/15/2009 (Rivas, A). |
| Filing 140 REQUEST for Request for Order Directing Brokerage Houses to Produce Documents and Close All EIMT Brokerage Accounts by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 139 REQUEST for Request for Order Directing Banks and/or Financial Institutions To Produce Documents Concerning EIMT Funds Transferred to Jeff Dennis Ferentz and/or Jeff Dennis Ferentz, Inc. by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 138 PROPOSED ORDER [proposed] Order Granting Receiver's Motion for Court Order Directing Disgorgement of Lexus LX570 re #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570 by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 137 DECLARATION of Jamie L. Dupree in SUPPORT OF #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570. (Attachments: #1 Exhibit 7, #2 Exhibits 8 to 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13)(Dupree, Jamie) |
| Filing 136 DECLARATION of Stephen E. Anderson in SUPPORT OF #135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570. (Dupree, Jamie) |
| Filing 135 MOTION Notice of Motion and Receiver's Motion To Order Disgorgement of Lexus LX570 by Stephen E. Anderson. Motion Hearing set for 10/26/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Certificate of Service)(Dupree, Jamie) |
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Filing 134
ORDER signed by Senior Judge Lawrence K. Karlton on 9/25/09 ORDERING that Receiver is hereby authorized to engage the following Washington attys at the rate indicated, retroactive to June 8, 2009: (1) Demco Law Firm, P.S. (Washington Counsel) David C. Daniel, $225.00/hour. Receiver is hereby further authorized to utilize the services of other attys and staff at Demco Law Firm, P.S., provided that the billing rates of those attys and staff are commensurate with the rates authorized herein. (Kastilahn, A)
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| Filing 133 REQUEST for Order Authorizing Receiver To Employ Washington State Counsel by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 132
ORDER DIRECTING ENTITIES PROVIDING FUNDS TO OR RECEIVING FUNDS FROM EQUITY INVESTMENT MANAGEMENT AND TRADING, INC. signed by Senior Judge Lawrence K. Karlton on 9/17/09: (Kaminski, H)
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Filing 131
STIPULATION and ORDER #130 to confirm EIMT ownership of Fiddletown Property signed by Senior Judge Lawrence K. Karlton on 9/16/2009. EIMT funds were used to purchase the Fiddletown Property. The Fiddletown Property Purchase was in constructive trust for EIMT, and EIMT is the sole owner of the Fiddletown Property. Vassallo shall execute any and all documents necessary to reflect that EIMT is the sole owner of the Fiddletown Property in a form that ensures a title company will insure the future transfer of the Fiddletown Property by Receiver to a third party. Vassallo will fully cooperate with Receiver to achieve the purpose of parties Stipulation and Order. (Marciel, M)
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| Filing 130 STIPULATION and PROPOSED ORDER to confirm EIMT Ownership of Fiddletown Property by Stephen E. Anderson. (Dupree, Jamie) Modified on 9/16/2009 (Marciel, M). |
| Filing 129 REQUEST for Order Directing Entities Providing Funds To Or Receiving Funds From Equity Investment Management and Trading, Inc. To Produce Documents and Information by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
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Filing 128
STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 09/03/09 ORDERING that EIMT is the sole owner of any and all membership interests in EIMT Properties, LLC; Receiver Stephen E. Anderson is hereby APPOINTED Receiver over EIMT Properties, LLC with all of the same rights, duties, powers and obligations for EIMT Properties, LLC as he has over EIMT as set forth in the OAR dated 04/30/09 and the 07/31/09 order making Receiver a permanent Receiver. No further bond shall be required of Receiver. If he has not already done so, Receiver shall file a noticed motion seeking Court authorization to unwind the purported transfer of the Kenitzer Family Foundation's fifty percent (50%) membership interest in Tracy Clover 22, LLC to EIMT, in exchange for EIMTs membership interest in EIMT Properties, LLC, and relinquishing all claim of EIMT to any interest in Tracy Clover 22, LLC, which will restore the Kenitzer Family Foundations ownership interest in Tracy Clover 22, LLC. (Benson, A.)
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| Filing 127 JUDGMENT of PERMANENT INJUNCTION AND OTHER RELIEF against defendant Kenneth Kenitzer signed by Senior Judge Lawrence K. Karlton on 9/3/2009. (Matson, R) |
| Filing 126 PROPOSED ORDER re #125 Notice of Consent by Securities and Exchange Commission. (Mitchell, Robert) Modified on 9/3/2009 (Benson, A.). |
| Filing 125 NOTICE of Consent of Defendant Kenneth Kenitzer to Judgment of Permanent Injunction and Other Relief by Securities and Exchange Commission. (Mitchell, Robert) Modified on 9/3/2009 (Benson, A.). |
| Filing 124 CERTIFICATE of SERVICE by Stephen E. Anderson re #120 , #121 , #122 , #123 (Dupree, Jamie) Modified on 9/3/2009 (Benson, A.). |
| Filing 123 PROPOSED ORDER re #120 Motion (Dupree, Jamie) Modified on 9/3/2009 (Benson, A.). |
| Filing 122 DECLARATION of Stephen E. Anderson in support of #120 Motion To Unwind Purported Transfer (Dupree, Jamie) Modified on 9/3/2009 (Benson, A.). |
| Filing 121 MEMORANDUM by Stephen E. Anderson in support of #120 Motion to Unwind Purported Transfer (Dupree, Jamie) Modified on 9/3/2009 (Benson, A.). |
| Filing 120 MOTION To Unwind Purported Transfer of EIMT Properties, LLC Membership Interests for Tracy Clover 22, LLC Membership Interests and To Relinquish All Claim to Any Interest in Tracy Clover 22, LLC by Stephen E. Anderson. Motion Hearing set for 10/13/09 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Dupree, Jamie) |
| Filing 119 STIPULATION and PROPOSED ORDER for Placing EIMT Properties, LLC Under Receiver's Authority by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 118 NOTICE of LIS PENDENS by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 117 NOTICE of LIS PENDENS by Stephen E. Anderson. (Dupree, Jamie) |
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Filing 116
ORDER signed by Senior Judge Lawrence K. Karlton on 8/20/09. Establishing a Standard Summary Proceeding Procedure for Receiver's Pursuit of Equity Investment Management and Trading, Inc.'s Assets (Becknal, R)
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Filing 115
ORDER signed by Senior Judge Lawrence K. Karlton on 8/20/09 ORDERING that Redding Bank of Commerce is hereby directed to cancel the $1.2 million cashier's check in the name of Veritas and remit the amount paid for the $1.2 million cashier's check to the EIMT Receivership, Receiver Stephen E. Anderson's custody and control. Redding Bank of Commerce is further directed to cooperate fully with Receiver in transmitting these funds to him and in Receiver's activities, investigation and inquiries on behalf of this Court. (Becknal, R)
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| Filing 114 REQUEST for Order Directing Redding Bank of Commerce to Cancel Cashier's Check Payable to Veritas Investments LLC and Remit Amount Paid for Check to Receiver by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 113 PROPOSED ORDER re #112 Request by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 112 REQUEST to Establish a Standard Summary Proceeding Procedure for Receiver's Pursuit of Equity Investment Management and Trading, Inc.'s Assets by Stephen E. Anderson. (Dupree, Jamie) Modified on 8/18/2009 (Mena-Sanchez, L). |
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Filing 111
ORDER DIRECTING INVESTACORP TO PRODUCE DOCUMENTS AND FREEZE ALL MATTHEW TUCKER ACCOUNTS signed by Senior Judge Lawrence K. Karlton on 08/12/09. (Benson, A.)
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Filing 110
ORDER signed by Senior Judge Lawrence K. Karlton on 8/10/09 DIRECTING subfund managers to produce documents and information. (Carlos, K)
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| Filing 109 PROPOSED ORDER re #108 Request by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 108 REQUEST for Order authorizing Investacorp to provide information and to temporarily freeze Tucker Accounts by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 107 PROPOSED ORDER re #106 Request Directing Subfund Managers to Produce Documents and Information by Stephen E. Anderson. (Dupree, Jamie) Modified on 8/5/2009 (Streeter, J). |
| Filing 106 REQUEST to Direct Subfund Managers to Produce Documents and Information by Stephen E. Anderson. (Dupree, Jamie) Modified on 8/5/2009 (Streeter, J). |
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Filing 105
ORDER signed by Senior Judge Lawrence K. Karlton on 7/30/09 Directing Chicago Investment Group to produce documents and freeze all accounts on which Matthew Tucker has signing authority.(Mena-Sanchez, L)
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Filing 104
ORDER signed by Senior Judge Lawrence K. Karlton on 07/31/09 re #103 ORDERING that the August 3, 2009 hearing is hereby VACATED. Stephen E. Anderson is hereby appointed as permanent Receiver for defendant Equity Investment Management and Trading. All existing provisions set forth in the OAR remain in full force and effect.(Duong, D)
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| Filing 103 PROPOSED ORDER Appointing Stephen E. Anderson As Permanent Receiver for Equity Investment Management and Trading, Inc. by Stephen E. Anderson. (Dodd, Martin) |
| Filing 102 REQUEST for Order Directing Chicago Investment Group to Produce Documents and Freeze All Accounts on Which Matthew Tucker Has Signing Authority by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dodd, Martin) |
| Filing 101 NOTICE Receiver Stephen E. Anderson's Initial Interim Report by Stephen E. Anderson. (Dupree, Jamie) |
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Filing 100
AMENDED ORDER Prohibiting The Transfer of The Fiddletown Property Without Further Order of The Court and Tolling Payments of Deed of Trust, signed by Senior Judge Lawrence K. Karlton on 6/25/09. (Kastilahn, A)
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Filing 99
ORDER signed by Senior Judge Lawrence K. Karlton on 6/25/09 ORDERING that First American Title Co. shall provide to the Receiver copies of all documents executed and/or deposited into escrow #216850-RX by the seller in connection with the purchase and sale of property located at 3788 Century Drive, Island Park, Idaho (APN 214-210-07). All documents provided to seller by FATCO in connection with the purchase and sale of the Property and all documents that refer to or reflect the disbursement of funds from escrow #216850-RX to the seller and/or the Buyer of the Property. FATCO's Specialty Service Department shall provide to the Receiver copies of the note and deed of trust or mortgage executed by or on behalf of EIMT Properties, LLC with respect to the $1 million seller financing in connection with the purchase and sale of the Property. All documents that refer to or reflect each payment made by or on behalf of the Buyer to service the $1 million loan including, but not limited to, (i) copies of the front and back of each check used to make payment; and (ii) documents reflecting any electronic funds transfer or bank account wire instructions and all documents that refer to or reflect each disbursement made by FATCO Specialty Services Department to the seller from funds received from or on behalf of EIMT Properties including, but not limited to, (i) copies of the front and back of each disbursement check; and (ii) documents reflecting any electronic funds transfer or bank account wire instructions. (Engbretson, K.)
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| Filing 98 REQUEST for Amended Order Prohibiting the Transfer of The Fiddletown Property without Further Order of the Court and Tolling Payments on Deed of Trust by Stephen E. Anderson. (Attachments: #1 [proposed] Amended Order)(Dodd, Martin) |
| Filing 97 REQUEST for Order Requiring Production of Documents by First American Title Co. and First American Title Co. Speciality Services Department by Stephen E. Anderson. Attorney Dodd, Martin H. added. (Attachments: #1 [proposed] Order)(Dodd, Martin) |
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Filing 96
ORDER directing BofA to produce documents re Acct #23487-01403 and/or Acct holder Michael Tucker signed by Senior Judge Lawrence K. Karlton on 06/15/09 ORDERING that BofA is hereby directed to provide to Receiver information and documentation concerning the dispensation of the $1,875,000 transferred to the Tucker Account on or about 12/31/08, including, but not limited to account numbers, account holder identification and other similar information sufficient to trace funds transferred from the Tucker Account after its receipt of the $1,875,000 from Veritas Investments on or about 12/31/08. BofA is directed to cooperate fully with Receiver in his investigation and audit. (Benson, A.)
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Filing 95
ORDER signed by Senior Judge Lawrence K. Karlton on 6/12/09: The property known as 19990 Brockman Mill Road, Fiddletown, CA 95629, APN 021- 040-023 (the Fiddletown Property) shall not be sold, purchased, transferred, conveyed, exchanged, foreclosed upon, attached, or encumbered in any way whatsoever, pending the resolution of the above-entitled action, without a specific order by the above- entitled Court authorizing such a transaction. Furthermore, any payments due any deeds of trust concerning the Fiddletown Property shall be tolled pending the resolution of the above-entitled action, unless otherwise ordered by the Court. (Kaminski, H)
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Filing 94
ORDER Permitting Receiver to Open Morgan Stanley Smith Barney Account, signed by Senior Judge Lawrence K. Karlton on 6/11/09. (Kastilahn, A)
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Filing 93
ORDER Prohibiting The Transfer of the 3788 Century Drive Property Without Further Order of the Court and Tolling Payments on Deed of Trust, signed by Senior Judge Lawrence K. Karlton on 6/11/09. (Kastilahn, A) (Attachment (s) #(1) Exhibit 1 - Legal Description of Property) (Kastilahn, A). Modified on 6/11/2009 (Kastilahn, A).
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Filing 92
ORDER Directing Wells Fargo Bank and Any Other Financial Institutions to Produce Documents Concerning the Transfer of the 3788 Centrury Drive Property to Receiver, signed by Senior Judge Lawrence K. Karlton on 6/11/09. (Kastilahn, A)
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Filing 91
ORDER Compelling Lexus of Sacramento to Produce Documents and Provide Information to Receiver, signed by Senior Judge Lawrence K. Karlton on 6/11/09. (Kastilahn, A)
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| Filing 90 REQUEST for Order Directing Bank of America to Produce Documents re Account Holder Michael Tucker by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) |
| Filing 89 LETTER for Order Prohibiting Transfer of Fiddletown Property by Stephen E. Anderson. (Attachments: #1 [proposed] Order)(Dupree, Jamie) Modified on 6/10/2009 (Kaminski, H). |
| Filing 88 DOCUMENTS RESERVED: Order #82 ; and (Attachments: #1 Exhibit A #52 ) (Becknal, R) |
| Filing 87 LETTER to Judge Karlton re Assistance in Compelling Lexus of Sacramento to Produce Documents and Provide Information to Receiver by Stephen E. Anderson. (Attachments: #1 Proposed Order Compelling Lexus of Sacramento to Produce Documents (Dupree, Jamie) Modified on 6/8/2009 (Kaminski, H). |
| Filing 86 LETTER to Judge Karlton re Permission to Open Morgan Stanley Smith Barney Account by Stephen E. Anderson. (Attachments: #1 Proposed Order Permitting Receiver to Open Morgan Stanley Smith Barney Account)(Dupree, Jamie) Modified on 6/8/2009 (Kaminski, H). |
| Filing 85 LETTER to Judge Karlton re 3788 Century Drive Property by Stephen E. Anderson. (Attachments: #1 Proposed Order Prohibiting The Transfer of the 3788 Century Drive Property, #2 Proposed Order Order Directing Wells Fargo Bank and Any Other Financial Institutions to Produce Documents )(Dupree, Jamie) Modified on 6/8/2009 (Kaminski, H). |
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Filing 84
ORDER signed by Senior Judge Lawrence K. Karlton on June 5, 2009 ORDERED that Receiver's motion is GRANTED; Receiver is hereby authorized to engage the following attorneys, accountants and consultants at the rates indicated,retroactive to the date of his initial appointment: (1) Futterman & Dupree LLP (Primary and California Counsel), Jamie L. Dupree, $370.00/hour; Martin H. Dodd, $385.00/hour; Jaime E. Godin, $265.00/hour; Legal Assistants and Case Clerks, $90-165.00/hour; (2) Stephan A. Werth, CPA, $175.00/hour; (3) Cindi Sherrod, Consultant, $35.00/hour; (4) Parsons, Smith & Stone LLP (Idaho counsel) Randolph C. Stone, $170.00/hour; IT IS FURTHER ORDERED that Receiver is hereby authorized to utilize the services of other attorneys and staff at the authorized law firms provided that the billing rates of those attorneys and staff are commensurate with the rates authorized herein. Notwithstanding this order, the actual compensation of the persons employed by Receiver shall be fixed by the Court in conformity with Local Rule 66-232(g). (Becknal, R)
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Filing 83
ORDER signed by Senior Judge Lawrence K. Karlton on June 5, 2009 ORDERING that Receiver's motion is GRANTED; and the Court hereby establishes the following expedited procedure for consideration and resolution of Receiver's applications regarding receivership administration issues: For administrative issues, Receiver is permitted (through counsel) to file a letter with the Court describing the receivership issue and the order sought along with a proposed order; If the Court believes the requested order is appropriate, it will issue the order with or without modification of it; and If the Court believes a hearing is necessary, it will set a hearing, or if the Court has questions about the application, the Court will contact Receiver or his counsel directly. (Becknal, R)
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Filing 82
ORDER signed by Senior Judge Lawrence K. Karlton on June 5, 2009 ORDERING that Receiver's motion is GRANTED. The Court reappoints Receiver Stephen E. Anderson as Receiver for Equity Investment Management and Trading, Inc. The April 29, 2009 order terms remain in full force and effect except as otherwise modified by order of this Court. (Becknal, R)
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Filing 81
STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Senior Judge Lawrence K. Karlton on 6/3/09 ORDERING that Discovery ddl 4/30/2010; Dispositive Motions ddl 6/30/2010. Final Pretrial Conference set for 9/27/2010 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Jury Trial set for 12/14/2010 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Duong, D)
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| Filing 79 NOTICE of Change of Firm Name to Futterman Dupree Dodd Croley Maier LLP and Firm Address to 180 Sansome Street, 17th Floor , San Francisco, CA 94104 by Stephen E. Anderson. (Dupree, Jamie) Modified on 6/3/2009 (Duong, D). |
| Filing 80 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: SCHEDULING CONFERENCE held on 6/1/2009. Final Pretrial Conference set for 9/27/2010 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. 10 day Bench Trial set for 12/14/2010 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Robert L. Mitchell present. Defendants Counsel David Chase, Edward Gelfand present. (Rivas, A) |
| Filing 78 PROPOSED ORDER re #74 MOTION by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 77 DECLARATION of Jamie L. Dupree in support of #74 MOTION. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 76 DECLARATION of Stephen E. Anderson in suppoort of #74 MOTION . (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 75 MEMORANDUM by Stephen E. Anderson in Support of #74 MOTION filed by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 74 MOTION for Court Authorization to Employ of Attorneys, Accountants, and Consultants by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 73 PROPOSED ORDER re #69 MOTION by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 72 DECLARATION of Jamie L. Dupree in support of #69 MOTION . (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 71 DECLARATION of Stephen E. Anderson in support of #69 MOTION. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 70 MEMORANDUM by Stephen E. Anderson in Support of #69 MOTION filed by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 69 MOTION for Court Order Reappointing Him as Receiver to Comply with 28 U.S.C. Section 754 by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 68 PROPOSED ORDER re #65 MOTION by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 67 DECLARATION of Stephen E. Anderson in support of #65 MOTION. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 66 MEMORANDUM by Stephen E. Anderson in Support of #65 MOTION for Other. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
| Filing 65 MOTION for Court Order Establishing Expedited Procedures for Receiver Motions and Applications by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/29/2009 (Kaminski, H). |
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Filing 64
AMENDED ORDER signed by Senior Judge Lawrence K. Karlton on 05/28/09 GRANTING #58 Ex Parte Application For Court Ordering Shortenting Time. (Streeter, J)
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Filing 63
ORDER signed by Senior Judge Lawrence K. Karlton on 5/28/09: #58 Ex Parte Application for a Court Order Shortening Time is GRANTED. (Kaminski, H)
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Filing 62
NON-RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 5/26/2009 ORDERING that the court has determined that it is inappropriate to relate or reassign the cases. (Matson, R)
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| Filing 61 PROPOSED ORDER Granting re #58 Ex Parte Application - ATY by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 60 DECLARATION of Jamie L. Dupree re #58 Application - ATY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dupree, Jamie) |
| Filing 59 DECLARATION of Stephen E. Anderson re #58 Application - ATY. (Dupree, Jamie) |
| Filing 58 EX PARTE APPLICATION for Court Order Shortening Time for Hearing on Receiver's Motions by Stephen E. Anderson. (Dupree, Jamie) Modified on 5/26/2009 (Duong, D). |
| Filing 57 JOINT STATUS REPORT by Securities and Exchange Commission. (Mitchell, Robert) |
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Filing 56
ORDER signed by Senior Judge Lawrence K. Karlton on 5/21/09 ORDERING that #55 Receiver's Administrative Application for an Eext of Time is GRANTED. Receiver shall have UNTIL 7/9/09, to file his initial report. (Kastilahn, A)
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| Filing 55 APPLICATION for Receiver's Administrative Application for Extension of Time to File Initial Report; Declaration of Jamie L. Dupree; and [proposed] Order by Stephen E. Anderson. (Dupree, Jamie) |
| Filing 54 NOTICE of RELATED CASE 09-665, 09-179 by Robin R Taylor. (Taylor, Robin) |
| Filing 53 BOND of RECEIVER in the amount of $50,000 posted. (Duong, D) |
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Filing 52
ORDER signed by Senior Judge Lawrence K. Karlton on 4/29/09 APPOINTING Stephen Anderson as temporary receiver for Equity Investment Management and Trading, Inc; ORDER to SHOW CAUSE for appointment of permanent receiver; Show Cause Hearing is set for 8/3/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; opposition by EIMT due by 7/20/09. (Gaydosh, J)
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| Filing 51 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 4/24/2009 re #44 MOTION to APPOINT TEMPORARY RECEIVER for Equity Investment Management and Trading, Inc. filed by Securities and Exchange Commission. No Appearance by defendants. Mr. Mitchell represents that Stephen Anderson is present and willing to accept appointment as a temporary receiver. So ordered. Court order to follow. Plaintiffs Counsel Monique Winkler, Robert Mitchell present. Defendants Counsel No Appearance present. Court Reporter: C. Bodene. (Rivas, A) |
| Filing 50 ANSWER to COMPLAINT by Kenneth Kenitzer. Attorney Gartenberg, Edward added.(Gartenberg, Edward) |
| Filing 49 CERTIFICATE of SERVICE by Securities and Exchange Commission re #48 Stipulation and Order,,, Terminate Motions,,, Set/Reset Motion Hearing,,. to Shorten Time On Plaintiff's Motion to Appoint Temporary Receiver for Defendant Equity Investment Management and Trading, Inc. (Mitchell, Robert) |
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Filing 48
STIPULATION and ORDER #46 signed by Senior Judge Lawrence K. Karlton on 4/14/2009 ORDERING #42 Plaintiff's application to shorten time on its motion to appoint a temporary receiver for Equity Investment Management and Trading, Inc. is GRANTED; the Court will hear the Commission's Motion on 4/24/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Any opposition the the motion shall be filed no later than 4/17/2009; reply in support of its motion due by 4/18/2009. (Reader, L)
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| Filing 47 CERTIFICATE of SERVICE by Securities and Exchange Commission re #46 Proposed Order, #42 MOTION to SHORTEN TIME for Motion to Appoint Temporary Receiver for Equity Investment Management and Trading, Inc., #43 Stipulation and Proposed Order, #45 , #44 MOTION to APPOINT TEMPORARY RECEIVER for Equity Investment Management and Trading, Inc.. (Mitchell, Robert) Modified on 4/15/2009 (Reader, L). |
| Filing 46 PROPOSED ORDER Appointing Receiver for Equity Investment Management and Trading, Inc. and Order to Show Cause for Appointment of Permanent Receiver re #44 MOTION to APPOINT TEMPORARY RECEIVER for Equity Investment Management and Trading, Inc. by Securities and Exchange Commission. (Mitchell, Robert) Modified on 4/15/2009 (Reader, L). |
| Filing 45 DECLARATION of Robert L. Mitchell in SUPPORT oF #44 MOTION to TEMPORARY RECEIVER for Equity Investment Management and Trading, Inc.. (Mitchell, Robert) Modified on 4/15/2009 (Reader, L). |
| Filing 44 MOTION to APPOINT TEMPORARY RECEIVER for Equity Investment Management and Trading, Inc. by Securities and Exchange Commission. (Mitchell, Robert) Modified on 4/15/2009 (Reader, L). |
| Filing 43 STIPULATION and PROPOSED ORDER for to Shorten Time on Plaintiff's Motion to Appoint Temporary Receiver for Defendant Equity Investment Management and Trading, Inc. re #42 MOTION to SHORTEN TIME for Plaintiff's Motion to Appoint Temporary Receiver for Defendant Equity Investment Management and Trading, Inc. by Securities and Exchange Commission. (Mitchell, Robert) |
| Filing 42 MOTION to SHORTEN TIME for Plaintiff's Motion to Appoint Temporary Receiver for Defendant Equity Investment Management and Trading, Inc. by Securities and Exchange Commission. (Mitchell, Robert) |
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Filing 41
PRO HAC VICE ORDER Added attorney David R. Chase, PHV for Anthony Vassallo, signed by Senior Judge Lawrence K. Karlton on 4/9/09. (Kaminski, H)
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| Filing 40 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Anthony Vassallo for attorney David R. Chase, Esq. to appear Pro Hac Vice. (Blackmon, Clyde) |
| RECEIPT number CAE200015769 for $180.00 for Pro Hac Vice from David Chase. (Matson, R) |
| Filing 39 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Anthony Vassallo for attorney David R. Chase, Esq. to appear Pro Hac Vice. (Blackmon, Clyde) |
| Filing 38 RESPONSE by Anthony Vassallo to #21 Preliminary Injunction. (Blackmon, Clyde) Modified on 4/1/2009 (Kaminski, H). |
| Filing 37 ANSWER and Affirmative Defense of Defendant Anthony Vassallo to Plaintiff's Complaint with Jury Demand . Attorney Blackmon, Clyde M. added.(Blackmon, Clyde) Modified on 4/1/2009 (Kaminski, H). |
| Filing 36 CERTIFICATE of SERVICE by Securities and Exchange Commission re #34 Order. Preliminary Injunction Against Equity Investment Management and Trading, Inc. (Mitchell, Robert) |
| Filing 35 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 3/23/2009 re Motion for Preliminary Injunction. No Appearance by Defendants. The motion will be granted. Plaintiffs Counsel Robert Mitchell, Monique Winkler present. Court Reporter: C. Bodene. (Rivas, A) |
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Filing 34
ORDER signed by Senior Judge Lawrence K. Karlton on 3/23/2009 ORDERING the parties may immediately take discovery by any means authorized under the Federal Rules of Civil Procedure. (Reader, L)
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| Filing 33 CERTIFICATE of SERVICE by Securities and Exchange Commission re #30 and #31 . (Mitchell, Robert) Modified on 3/16/2009 (Streeter, J). |
| Filing 32 MINUTES (Text Only) for proceedings held before Senior Judge Lawrence K. Karlton: MOTION HEARING held on 3/12/2009 re #4 MOTION for TEMPORARY RESTRAINING ORDER filed by Securities and Exchange Commission. No Appearance by Defendants. Show Cause Hearing re Preliminary Injunction SET for 3/23/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiffs Counsel Monique Winkler, Robert Mitchell present. Defendants Counsel No Appearance present. Court Reporter: C. Bodene. (Rivas, A) |
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Filing 31
ORDER to SHOW CAUSE signed by Senior Judge Lawrence K. Karlton on 3/12/09 ORDERING that Show Cause Hearing SET for 3/23/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Show Cause Response due by 3/20/2009. (Duong, D)
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Filing 30
TEMPORARY RESTRAINING ORDER AGAINST EQUITY INVESTMENT MAANAGEMENT AND TRADING INC signed by Senior Judge Lawrence K. Karlton on 3/12/09 ORDERING that dft EIMT and its respective officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, are temporarily restrained and enjoined from, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of national securities exchange: employing any device, scheme, or artifice to defraud; making any untrue statement of a material fact or omitting to state a material fact necessary in orde to make the statements made, in the light of the circumstances unde which they were made, not misleading; engaging in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; in connection with the purchase or sale of any security. Dft EIMT are temporarily restrained and enjoined from transferring, assigning, selling, hypothecating, changing, wasting, dissipating, converting, concealing, encumbering, or otherwise disposing of, in any manner, funds, assets, securities, claims or other property, wherever located, in the possession or under their control, including but not limited to the assets in accounts owned, controlled, or opened for its benefit at the following financial institutions and brokerage firms: Bank of Commerce Holdings, TradeStation Securities, Inc and Wells Fargo Bank, NA. Dft EIMT is required within 21 days of this Order, to submit to the Court a verified accounting, identifying: (i) The location and disposition of all funds received from investors. (ii) The location and disposition of all accounts controlled by dfts or held for their benefit. (iii) The location and value of all investor, as well as personal or other, assets currently held by EIMT, or under EIMT's control, or over which it may exercise actual or apparent authority. Defendant EIMT is temporarily restrained and enjoined from, directly or indirectly, destroying, mutilating, concealing, transferring, altering, or otherwise disposing of, in any manner, any documents, computers, hard drives, flash drives, computer programs, computer files, databases, electronic data, computer printouts, books, records, account statements, correspondence, memoranda, e mail, or any other materials of any kind in their possession. The parties may immediately take discovery by any means authorized under the FRCP.(Duong, D)
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| Filing 29 CERTIFICATE of SERVICE by Securities and Exchange Commission re #24 Order . (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 28 CERTIFICATE of SERVICE by Securities and Exchange Commission re Docket numbers 1 - 24. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 27 SEALED EVENT (Duong, D) |
| Filing 26 SEALED EVENT (Duong, D) |
| Filing 25 SEALED EVENT (Duong, D) |
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Filing 24
ORDER signed by Senior Judge Lawrence K. Karlton on 3/11/09: #4 MOTION for TEMPORARY RESTRAINING ORDER Hearing set for 3/12/2009 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Plaintiff shall immediately SERVE a copy of this order and all documents in this case upon all defendants. EITM may, if it chooses, submit an opposition to this application, to be received by the court no later than 12:20 p.m. on March 12, 2009. (Kaminski, H)
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Filing 23
ORDER signed by Senior Judge Lawrence K. Karlton on 3/11/09: Defendant EIMT is temporarily restrained and enjoined from transferring, assigning, selling, hypothecating, changing, wasting, dissipating, converting, concealing, encumbering, or otherwise disposing of, in any manner funds, assets, securities, claims, or other property. An immediate freeze shall be placed on all monies and assets in all accounts at any bank, financial institution, or brokerage firm holding accounts in the name of, for the benefit of, or under the control of defendant EIMT, and that all banks, financial institutions, and brokerage firms holding such accounts shall not permit transactions in such accounts without further order of the Court. Defendant EIMT is temporarily restrained and enjoined from, directly or indirectly, destroying, mutilating, concealing, transferring, altering, or otherwise disposing of, in any manner, any documents, computers, hard drives, flash drives, computer programs, computer files, databases, electronic data, computer printouts, books, records, account statements, correspondence, memoranda, e mail, or any other materials of any kind in their possession.(Kaminski, H)
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Filing 22
ORDER granting #17 Motion to Seal documents signed by Senior Judge Lawrence K. Karlton on 3/11/09. (Kaminski, H)
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| Filing 21 PRELIMINARY INJUNCTION AGAINST ANTHONY VASSALLO signed by Senior Judge Lawrence K. Karlton on 3/11/09 ORDERING that defendant Anthony Vassallo, and his officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, are temporarily restrained and enjoined from, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national securities exchange: Employing any device, scheme, or artifice to defraud; Making any untrue statement of a material fact or omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or Engaging in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser in violation of Section 17(a) of the Securities Act. Defendant Anthony Vassallo and his officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, are temporarily restrained and enjoined from, by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly: Making any untrue statement of a material fact or omitting to state a material fact necessary to make the statements made, in the light of the circumstances under which they were made, not misleading, to any investor or prospective investor in a pooled investment vehicle; or Engaging in any act, practice, or course of business that is fraudulent, deceptive,or manipulative with respect to any investor or prospective investor in a pooledinvestment vehicle;in violation of Section 206(4) of the Advisers Act. An immediate freeze shall be placed on all monies and assets in all accounts at any bank, financial institution, or brokerage firm holding accounts in the name of, for the benefit of, or under the control of defendant Anthony Vassallo and that all banks, financial institutions, and brokerage firms holding such accounts shall not permit transactions in such accounts without further order of the Court. Defendant Anthony Vassallo is required, within 21 days of this Order, to submit to the Court a verified accounting, identifying: (i) the location and disposition of all funds received from investors; (ii) the location and disposition of all accounts controlled by Vassallo or held for his benefit; and (iii) the location and value of all investor, as well as personal or other, assets currently held by Vassallo, or under Vassallos control, or over which he may exercise actual or apparent authority. Defendant Anthony Vassallo and his respective officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, are temporarily restrained and enjoined from, directly or indirectly, destroying, mutilating, concealing, transferring, altering, or otherwise disposing of, in any manner, any documents, computers, hard drives, flash drives, computer programs, computer files, databases, electronic data, computer printouts, books, records, account statements, correspondence, memoranda, e-mail, or any other materials of any kind in their possession, custody, or control, however created, produced, or stored, that relate to any of the matters raised in this proceeding. The parties may immediately take discovery by any means authorized under the Federal Rules of Civil Procedure. (Duong, D) |
| Filing 20 PRELIMINARY INJUNCTION AGAINST KENNETH KENITZER signed by Senior Judge Lawrence K. Karlton on 3/11/09 ORDERING that defendant Kenneth Kenitzer and his officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, are temporarily restrained and enjoined from, in the offer or sale of any securities, by the use of any means or instruments of transportation or communication in interstate commerce or by the use of the mails, directly or indirectly: Employing any device, scheme, or artifice to defraud; or Obtaining money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or Engaging in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser; in violation of Section 17(a) of the Securities Act. Defendant Kenneth Kenitzer is required, within 21 days of this Order, to submit to the Court a verified accounting, identifying: (i) The location and disposition of all funds received from investors. (ii) The location and disposition of all accounts controlled by Kenitzer or held for his benefit. (iii) The location and value of all investor, as well as personal or other, assets currently held by Kenitzer, or under Kenitzer's control, or over which he may exercise actual or apparent authority. Defendant Kenneth Kenitzer and his respective officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, who receive actual notice of this Order, by personal service or otherwise, and each of them, are temporarily restrained and enjoined from, directly or indirectly, destroying, mutilating, concealing, transferring, altering, or otherwise disposing of, in any manner, any documents, computers, hard drives, flash drives, computer programs, computer files, databases, electronic data, computer printouts, books, records, account statements, correspondence, memoranda, e-mail, or any other materials of any kind in their possession, custody, or control, however created, produced, or stored, that relate to any of the matters raised in this proceeding. The parties may immediately take discovery by any means authorized under the Federal Rules of Civil Procedure. (Duong, D) |
| Filing 19 PROPOSED ORDER re #17 MOTION to File Documents Under Seal by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 18 NOTICE of Filing Documents Under Seal by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 17 MOTION to File Documents Under Seal by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 16 PROPOSED ORDER to Show Cause Regarding Preliminary Injunction Against Equity Investment Management and Trading, Inc re #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 15 PROPOSED Temporary Restraining Order Against Equity Investment Management and Trading, Inc re #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 14 PROPOSED Preliminary Injunction Against Anthony Vassallo re #13 Stipulation by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 13 STIPULATION Consent of Defendant Anthony Vassallo to Entry of Preliminary Injunction by Securities and Exchange Commission. (Mitchell, Robert) |
| Filing 12 PROPOSED Preliminary Injunction Against Kenneth Kenitzer re #11 Stipulation by Securities and Exchange Commission. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 11 STIPULATION Consent of Defendant Kenneth Kenitzer to Entry of Preliminary Injunction by Securities and Exchange Commission. (Mitchell, Robert) |
| Filing 10 STATEMENT of Irreparable Injury by Plaintiff Securities and Exchange Commission re #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 9 DECLARATION of Dan E. Redfearn in Support of #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause. (Attachments: #1 Exhibits A-F)(Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 8 DECLARATION of Ethan Conrad in Support of #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause. (Attachments: #1 Exhibits 1-7)(Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 7 DECLARATION of Mark Siska in Support of #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause. (Attachments: #1 Exhibits A-B)(Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 6 DECLARATION of Monique C. Winkler in Support of #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause.(Attachments: #1 Exhibits A-C)(Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 5 MEMORANDUM by Securities and Exchange Commission in SUPPORT of #4 MOTION for TEMPORARY RESTRAINING ORDER and Order to Show Cause. (Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 4 MOTION for TEMPORARY RESTRAINING ORDER by Securities and Exchange Commission. Attorney Mitchell, Robert L. added. (Attachments: #1 TRO Checklist)(Mitchell, Robert) Modified on 3/12/2009 (Duong, D). |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/1/2009 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Attachments: #1 Consent to Magistrate, #2 VDRP) (Mena-Sanchez, L) |
| Filing 2 SUMMONS ISSUED as to *Anthony Vassallo, Kenneth Kenitzer, Equity Investment Management and Trading, Inc.* with answer to complaint due within *20* days. Attorney *Monique Christine Winkler* *United States Securities And Exchange Commission* *44 Montgomery Street, Suite 2600* *San Francisco, CA 94104*. (Mena-Sanchez, L) |
| Filing 1 COMPLAINT against all defendants by Securities and Exchange Commission. Attorney Winkler, Monique Christine added. (Attachments: #1 Civil Cover Sheet)(Winkler, Monique) |
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