Avalanche Funding, LLC v. Arif et al
| Avalanche Funding, LLC |
| Syed M. Arif, Syeda Rehana Begum, Tim Swickard, Mapes Ranch, Inc., Five Dot Cattle Company, Norman F. Rice, The Testate and Intestate Successors of Norman F. Rice, Deceased, and All Persons Claiming By, Through or Under Such Decedent, as Represented By The Personal Representative of The Estate of Norman F., Gloria Rice, The Testate and Intestate Successors of Gloria Rice, Deceased, and All Persons Claiming By, Through or Under Such Decedent, as Represented By The Personal Representative of The Estate of Gloria Rice, Rice 1997 Family Trust, Gloria M. Rice, Norman Rice Enterprises, Inc., Matthew G. Huntley, Michon Huntley, Ramona Stonebarger, The Testate and Intestate Successors of Ramona Stonebarger, Deceased, and All Persons Claiming By, Through or Under Such Decedent, as Represented By The Personal Representative of The Estate of Ramona, Art Koffinke, The Testate and Intestate Successors of Art Koffinke, Deceased, and All Persons Claiming By, Through or Under Such Decedent, as Represented By The Personal Representative of The Estate of Art Koffinke, Larry Campbell, The Testate and Intestate Successors of Larry Campbell, Deceased, and All Persons Claiming By, Through or Under Such Decedent, as Represented By The Personal Representative of The Estate of Larry Camp, Hanson Cattle Company, Hansen Cattle Company, North American Technical Trading Co., Inc., A Trustee of an Unnamed Trust to be Established Referenced in a Notice Recorded on February 11, 1997 in Volume 660 at Page 559 and Chicago Title Company |
| 2:2016cv02555 |
| October 26, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Shasta |
| Kendall J. Newman |
| Troy L. Nunley |
| Foreclosure |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
142
ORDER signed by District Judge Troy L. Nunley on 9/20/21 GRANTING 141 Motion to Approve Receiver's Report; Motion to Confirm Sale; Motion to Terminate the Receivership and Motion to Release and Discharge the Receiver. (Kaminski, H)
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Filing
132
ORDER signed by District Judge Troy L. Nunley on 4/30/2021 GRANTING IN PART AND DENYING IN PART 123 Motion for Summary Judgment. Plaintiff's Motion is GRANTED as to Claim One. Judgment is hereby entered in favor of Plaintiff against Arif in the amount of $4,807,615.58. However, pursuant to the Arif/Begum Agreement (ECF No. 49), the Judgment shall be on a non-recourse basis to support Plaintiffs liens on the Property and the Personal Property Collateral, and Plaintiff has waived a personal judgment against Arif and Begum for a deficiency due under the Note after the foreclosure sale of the Property; Plaintiff's Motion is GRANTED as to Claim Two; Plaintiff's Motion is GRANTED as to Claim Four. Plaintiff's M otion is GRANTED as to Claim Five. Plaintiff's Motion is DENIED as to Claim Six, which is moot in light of the Court's prior Order granting Plaintiff's Motion to appoint Tom Morrow as Receiver for the Property 131 . (Mena-Sanchez, L)
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Filing
131
ORDER signed by District Judge Troy L. Nunley on 4/26/2021 GRANTING 120 Motion to Appoint Receiver. Thomas W. Morrow APPOINTED. This Order shall be effective IMMEDIATELY.(Reader, L)
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Filing
119
ORDER signed by District Judge Troy L. Nunley on 10/28/20 SUBSTITUTING Parties. Avalanche Funding, LLC, as assignee of Timothy Swickard, Avalanche Funding, LLC, as assignee of Mapes Ranch, Inc. and Avalanche Funding, LLC, as assignee of Five Dot Cattle Company added. (Kaminski, H)
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Filing
89
ORDER signed by District Judge Troy L. Nunley on 3/23/2018 DENYING 50 Motion to Appoint Receiver. The Court finds Plaintiff has not demonstrated it is entitled to the extraordinary remedy of appointment of a receiver. (Fabillaran, J)
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Filing
88
PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 3/16/18: Discovery due by 7/31/2018. Designation of Expert Witnesses due by 9/28/2018. Dispositive Motions shall be heard no later than 1/24/2019. (Kaminski, H)
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Filing
81
ORDER signed by District Judge Troy L. Nunley on 12/5/2017 DENYING the Swickard Defendants' 9 Motion to Dismiss. The parties shall file a Joint Status Report with the Court within thirty (30) days of this order. (Becknal, R)
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