Boulton et al v. U.S. Tax Lien Assoc.
| Kerry Boulton, Ane Marie Lacy, William Gamba, Luca Angelucci and Jeremy Andrews |
| US Tax Lien Association, LLC, Saen Higgins and Steve Clements |
| 2:2015cv02384 |
| November 16, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Morrison C. England |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
106
ORDER for EXAMINATION of JUDGMENT DEBTOR Brian S. Carter signed by Magistrate Judge Allison Claire on 8/6/2020 GRANTING 102 Ex Parte Application and SETTING Judgment Debtor Exam for 10/14/2020, at 10:00, in Courtroom 26 (AC), before Mag istrate Judge Allison Claire. The examination shall continue from day to day, Sundays and holidays excepted, at the same time and location, until completed or unless the parties agree on other mutually convenient dates. NOTICE to JUDGME NT DEBTOR: If you fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of Court and the Court may make an order requiring you to pay the reasonable attorney's fees incurred by the judgment creditor in this proceeding. Service of this order creates a lien on the personal property of the judgment debtor identified herein for a period of one year from the date of this order, unless extended or sooner terminated by the Court. (York, M)
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Filing
100
ORDER signed by District Judge Morrison C. England, Jr on 10/28/19 DENYING 91 Motion to Stay Execution of Judgment Pending Appeal. (Mena-Sanchez, L)
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Filing
82
AMENDED ORDER signed by District Judge Morrison C. England, Jr on 2/20/19 ADOPTING The findings and recommendations 74 , in full; Defendants' Motion for terminating sanctions 66 are GRANTED; Judgment is entered against Brian S. Carter, Esq ., in favor of US Tax Lien Association, LLC and Saen Higgins in the total amount of $ 21,767.50, as follows: A sanctions award in the amount of $7,450.00 as ordered in the 8/10/18 Order 55 ; A sanctions award in the amount of $10,3 80.00 as ordered in the 10/15/18 Order 71 ; and A sanctions award in the amount of $3,937.50 as ordered in the 11/27/18 Order 74 . This case is DISMISSED with prejudice; and The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)
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Filing
75
ORDER signed by Magistrate Judge Allison Claire on 12/11/2018: Mr. Carter was ordered to file a declaration attesting that the sanctions had been paid out of his own funds and not charged to his clients. Mr. Carter was warned that failure to remit t he sums by the deadline may result in a report to the State Bar of California. Mr. Carter has not filed the required declaration nor have defendants filed a notice of his compliance. It is therefore ORDERED that the Clerk is DIRECTED to send copies of this order and the 11/27/2018 Order to the State Bar of California. (Donati, J)
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Filing
74
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/27/2018 ORDERING Plaintiffs. counsel Brian S. Carter shall pay to defendants $3,937.50 in fees as sanctions within 10 days of this order. Mr. Carter is furthe r ordered to pay to defendants all past-due sanctions within 10 days of this order. Specifically, Mr. Carter shall pay a total of $17,830 in fees previously ordered (the total of $7,450 awarded on 8/10/2018, 55 , and $10,380 awarded o n 10/12/2018, 71 ). Mr. Carter shall provide to defendants and file with the court a declaration attesting that the sanctions have been paid by counsel personally and not charged to his clients. RECOMMENDING that that defendants' 66 Motion for terminating sanctions be GRANTED and that this case be dismissed with prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 21 days after being served with these findings and recommendations. (cc: Finance) (Washington, S)
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Filing
71
ORDER signed by Magistrate Judge Allison Claire on 10/12/2018 ORDERING that plaintiffs shall pay to defendants $10,380 in fees as sanctions within 10 days of this order. Sanctions shall be paid personally by Brian S. Carter and shall not be charged to counsel's clients. Failure to timely comply with this order will result in further sanctions. (Zignago, K.)
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Filing
62
ORDER signed by District Judge Morrison C. England, Jr on 9/5/2018 ORDERING: Within 60 days from the date of this Order the parties shall meet and confer regarding their discovery plan. All discovery, with the exception of expert discovery, shall be completed no later than 365 days from the date of this Order. All counsel are to designate in writing and serve upon all other parties the name, address, and area of expertise of each expert that they propose to tender at trial not later than 60 days after the close of discovery. Supplemental List due within 30 days after the designation of expert witnesses. The parties shall file dispositive motions no later than 180 days after the close of non-expert discovery. The parties are ordered to file a Joint Notice of Trial Readiness not later than 30 days after receiving this Courts ruling(s) on the last filed dispositive motion(s). If the parties do not intend to file dispositive motions, the parties are ordered to file a Joint Notice of Trial Readiness not later than 30 days after the close of the designation of supplemental expert witnesses. Any objections to Initial Pretrial Scheduling Order are due within 14 days from the date of this Order.(Washington, S)
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Filing
59
ORDER signed by Magistrate Judge Allison Claire on 8/22/18 ORDERING that Defendants' Motion for Sanctions 53 is GRANTED in part. Plaintiffs' counsel is ordered to pay forthwith to defendants $7,450 in fees as sanctions ordered on 8/10/18 55 . Sanctions shall be paid personally by Brian S. Carter and shall not be charged to counsel's clients. (Mena-Sanchez, L)
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Filing
55
ORDER signed by Magistrate Judge Allison Claire on 8/9/2018 DIRECTING plaintiffs to PAY to defendants $7,450 in fees as sanctions within 10 days of this order. Failure to timely comply with this order will result in further sanctions. (York, M)
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Filing
51
ORDER signed by Magistrate Judge Allison Claire on 7/18/2018 GRANTING 48 Motion to Compel. (York, M)
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Filing
44
ORDER signed by District Judge Morrison C. England, Jr on 12/4/2017 GRANTING 33 Motion to Amend the Complaint. (Washington, S)
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Filing
36
ORDER signed by District Judge Morrison C. England, Jr., on 8/7/17, ORDERING that USTLA's 29 Motion for Service by Publication is GRANTED. (Kastilahn, A)
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Filing
24
ORDER signed by District Judge Morrison C. England, Jr on 8/30/16 ORDERING that Defendants' MOTION to Dismiss (ECF No. 19 ) is GRANTED in part and DENIED in part. The SACs Third Cause of Action for violation of California's UCL is DISMISSED with respect to Plaintiffs Lacy and Angelucci with leave to amend. Plaintiffs may file a Third Amended Complaint no later than twenty-one (21) days from the date this order is electronically filed. (Mena-Sanchez, L)
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Filing
17
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr on 4/13/16 ORDERING Defendants' Motion to Dismiss 9 is GRANTED in part and DENIED in part. Defendants' Motion to Dismiss 10 is DENIED in its entirety. (Becknal, R)
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