SEC v. McKinley Mortgage Co. LLC et al
| Securities and Exchange Commission |
| McKinley Mortgage Company, LLC, Laura A. Sanford, Charles G. Preston, McKinley Mortgage Co. LLC, Tobias J. Preston and Caleb J. Preston |
| Krista L. Freitag |
| 2:2018cv00616 |
| March 22, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Shasta |
| Dennis M Cota |
| Morrison C England |
| Craig M Kellison |
| Securities/Commodities |
| 15 U.S.C. § 77 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 36
SUPPLEMENTAL NOTICE of non-receipt of oppositions to #31 Motion to Approve by Krista L. Freitag. (del Castillo, Joshua) Modified on 1/8/2021 (Reader, L).
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Filing 35
NOTICE of non-receipt of oppositions to #31 Motion to approve by Krista L. Freitag . (Zaro, David) Modified on 12/4/2020 (Becknal, R).
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Filing 34
MOTION for DISBURSEMENT of FUNDS by Securities and Exchange Commission. (Attachments: #1 Proposed Order )(Pecaro, Susan) Modified on 11/23/2020 (Benson, A.).
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Filing 33
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/4/2020: Pursuant to the Retirement of Magistrate Judge Craig M. Kellison, this case is REASSIGNED to Magistrate Judge Dennis M. Cota for all further proceedings. Magistrate Judge Craig M. Kellison no longer assigned to case. New Case Number: 2:18-cv-0616 MCE DMC. (TEXT ONLY ENTRY)(Donati, J)
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Filing 32
MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 12/3/2020 hearing on the #31 Motion for Order (1) Approving Monitor's Recommendations Regarding Allowed and Disallowed Claims; (2) Approving Recommendations Regarding Disputed Claims; and (3) Authorizing Interim Distribution Pursuant to Distribution Plan is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
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Filing 31
MOTION to APPROVE: (1) Monitor's Recommendations re Allowed and Disallowed Claims; (2) Recommendations re Disputed Claims; and (3) Interim Distribution per Distribution Plan by Krista L. Freitag. Motion Hearing set for 12/3/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: #1 Points and Authorities, #2 Declaration of Monitor, Krista Freitag (with Exhibits A-E), #3 Request for Judicial Notice (with Exhibit 1), #4 Proposed Order (with Exhibits A thru C), #5 Proof of Service)(Zaro, David) Modified on 11/3/2020 (Tupolo, A).
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Filing 30
ORDER signed by Senior Judge Morrison C. England, Jr on 6/16/2020 GRANTING #22 The Monitor's Motion, in its entirety; The Financing Statements, being unsupported by the documents necessary to create security interests that may be perfected, SHALL NOT constitute liens or encumbrances upon the assets of the Monitorship Entities, including the Loans; AUTHORIZING and APPROVING this Monitor's proposed sale of the Loans to Veltra, in accordance with the terms and conditions of the Loan Purchase and Sale Agreement by and between Alaska Financial and Veltra, and free and clear of liens and encumbrances.(Becknal, R)
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Filing 29
ORDER signed by Senior Judge Morrison C. England, Jr on 6/16/2020 GRANTING The Monitor's Request to Substitute Documents; and The Amended Proof of Service attached as Exhibit A to the Monitor's Request to Substitute Documents SHALL BE SUBSTITUTED in the Court's record for ECF. No. 22-4 (the original proof of Service filed in connection with the Monitor's Motion), including on the Court's publicly available docket.(Becknal, R)
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Filing 28
ORDER signed by Senior District Judge Morrison C. England, Jr. on 6/16/2020 GRANTING Monitor's #26 Motion, in its entirety and APPROVING the Distribution Plan. (York, M)
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Filing 27
MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 5/14/2020 hearing on the #26 Motion Approving Monitor's Recommended Treatment of Claims; Establishing Certification Bar Date Notice; Approving Distribution Methodology; and Approving Distribution is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
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Filing 26
MOTION for ORDER: (1) Approving Monitor's Recommended Treatment of Claims; (2) Establishing Certification Bar Date Notice; (3) Approving Distribution Methodology; and (4) Approving Distribution Plan by Krista L. Freitag. Motion Hearing set for 5/14/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order, #4 Proof of Service) (Zaro, David) Modified on 4/8/2020 (York, M).
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Filing 25
REPLY in support of #22 Motion for Order Authorizing Sale of Loan Portfolio by Krista L. Freitag. Attorney Zaro, David Robert added. (Zaro, David) Modified on 2/27/2020 (Huang, H).
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Filing 24
MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/5/2020 hearing on the Motion of Independent Manager/Monitor for Order Authorizing and Approving Sale of Loan Portfolio, Free and Clear of Liens and Encumbrances #22 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
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Filing 23
REQUEST to SUBSTITUTE DOCUMENTS by Krista L. Freitag. (Attachments: #1 Request, #2 Exhibit A-Amended Proof of Service, #3 Proposed Order) (del Castillo, Joshua) Modified on 1/31/2020 (York, M).
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Filing 22
MOTION of INDEPENDENT MANAGER/MONITOR and MOTION for ORDER by Krista L. Freitag. Attorney del Castillo, Joshua A. added. Motion Hearing set for 3/5/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: #1 Declaration, #2 Memorandum, #3 Proposed Order, #4 Proof of Service)(del Castillo, Joshua) Modified on 1/31/2020 (York, M). (Attachment 4 replaced on 6/16/2020) (Becknal, R).
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Filing 21
NOTICE of APPEARANCE by Devon Anthony Brown on behalf of Securities and Exchange Commission. Attorney Brown, Devon Anthony added. (Brown, Devon)
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Filing 20
ORDER signed by District Judge Morrison C. England, Jr. on 7/24/2019 GRANTING #18 Motion to Appoint a Distribution Agent and Tax Administrator, and Authorizing Payment of Administrative Fees and Expenses and Tax Obligations. (Huang, H)
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Filing 19
MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court received the MOTION to Appoint a Distribution Agent and Tax Administrator, and Authorizing Payment of Administrative Fees and Expenses and Tax Obligations, and Supporting Memorandum and Proposed Order (ECF No. 18). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S)
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Filing 18
MOTION to Appoint a Distribution Agent and Tax Administrator, and Authorizing Payment of Administrative Fees and Expenses and Tax Obligations, and Supporting Memorandum by Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Pecaro, Susan) Modified on 7/26/2019 (Becknal, R).
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Filing 17
[DISREGARD see doc. #18] MOTION Appoint a Distribution Agent and Tax Administrator, and Authorizing Payment of Administrative Fees and Expenses and Tax Obligations, and Supporting Memorandum by Securities and Exchange Commission. (Attachments: #1 Proposed Order )(Pecaro, Susan) Modified on 7/22/2019 (Kaminski, H).
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Filing 16
NOTICE of APPEARANCE by Susan Slocum Pecaro on behalf of Securities and Exchange Commission. Attorney Pecaro, Susan Slocum added. (Pecaro, Susan)
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Filing 15
ABSTRACT OF JUDGMENT ISSUED in the amount of $2,500,000.00 against Tobias J. Preston (Benson, A.)
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Filing 14
ABSTRACT OF JUDGMENT ISSUED in the amount of $11,784,491.00 against Tobias J. Preston. (Benson, A.)
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Filing 13
ABSTRACT OF JUDGMENT ISSUED in the amount of $11,784,491.00 against Tobias J. Preston. (Reader, L)
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Filing 12
ABSTRACT OF JUDGMENT ISSUED in the amount of $2,500,000.00 against Tobias J. Preston. (Reader, L)
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Filing 11
FINAL JUDGMENT as to Laura A. Sanford signed by District Judge Morrison C. England, Jr on 3/26/2018. (Fabillaran, J)
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Filing 10
FINAL JUDGMENT as to Defendant Charles G. Preston signed by District Judge Morrison C. England, Jr on 3/26/2018. (Fabillaran, J)
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Filing 9
FINAL JUDGMENT as to Defendant Caleb J. Preston signed by District Judge Morrison C. England, Jr on 3/26/2018. (Fabillaran, J)
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Filing 8
FINAL JUDGMENT as to Defendants McKinley Mortgage Co. LLC, McKinley Mortgage Company, LLC, and Tobias J. Preston signed by District Judge Morrison C. England, Jr on 3/26/2018. (Fabillaran, J)
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Filing 7
CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Hunt, G)
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Filing 6
SUMMONS ISSUED as to *McKinley Mortgage Co. LLC, McKinley Mortgage Company, LLC, Caleb J. Preston, Charles G. Preston, Tobias J. Preston, Laura A. Sanford* with answer to complaint due within *21* days. Attorney *John P. Mogg,* *United States Securities And Exchange Commission* *44 Montgomery Street, Suite 2800* *San Francisco, CA 94104*. (Hunt, G)
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Filing 5
STIPULATION and PROPOSED ORDER for Final Judgment as to Defendant Laura A. Sanford by Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Mogg, John)
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Filing 4
STIPULATION and PROPOSED ORDER for Final Judgment as to Defendant Caleb J. Preston by Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Mogg, John)
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Filing 3
STIPULATION and PROPOSED ORDER for Final Judgment as to Defendant Charles G. Preston by Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Mogg, John)
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Filing 2
STIPULATION and PROPOSED ORDER for Final Judgment as to Defendants McKinley Mortgage Co. LLC, McKinley Mortgage Company, LLC, and Tobias J. Preston by Securities and Exchange Commission. (Attachments: #1 Proposed Order)(Mogg, John)
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Filing 1
COMPLAINT against All Defendants by Securities and Exchange Commission. Attorney Mogg, John P. added. (Attachments: #1 Civil Cover Sheet)(Mogg, John)
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