Securities and Exchange Commission v. Schooler et al
Plaintiff: Securities and Exchange Commission
Defendant: Louis V. Schooler and First Financial Planning Corporation
Receiver: Thomas C. Hebrank
Case Number: 3:2012cv02164
Filed: September 4, 2012
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jan M. Adler
Presiding Judge: Larry Alan Burns
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15:77
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 1, 2020 Opinion or Order Filing 1784 ORDER Approving 1781 Sale of Silver Springs South Property and Authority to Pay Broker's Commission and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 9/1/20. (dlg)
August 21, 2020 Opinion or Order Filing 1782 ORDER Granting 1772 Receiver's Thirty-First Interim Fee Application ; and Granting 1773 Allen Matkins Thirty-First Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 8/21/20. (dlg)
July 24, 2020 Opinion or Order Filing 1780 ORDER Approving 1765 Sale of Washoe III Property and Authority to Pay Broker's Commission and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 7/23/20. (dlg)
July 6, 2020 Opinion or Order Filing 1770 ORDER Approving 1763 Sale of Santa Fe Properties and Authority to Pay Broker's Commission and Vacating Hearing ( 1763 , 1769 ). Signed by Judge Gonzalo P. Curiel on 7/6/20. (dlg)
June 2, 2020 Opinion or Order Filing 1764 ORDER Granting 1758 Receiver's Thirteenth Interim Fee Application; Granting 1759 Allen Matkins' Thirteenth Interim Fee Application; and Granting 1760 Duffy, Kruspodin, LLP's Eleventh Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 6/2/20. (dlg)
March 25, 2020 Opinion or Order Filing 1756 ORDER Granting Receiver's Twenty-Ninth Inter ( 1750 , 1751 ) im Fee Application; and Allent Matkins Twenty-Ninth Interim Fee Application. The Receiver is directed to file a Status Report on or before April 15, 2020. Signed by Judge Gonzalo P. Curiel on 3/25/20. (dlg)
January 27, 2020 Opinion or Order Filing 1749 ORDER Granting: Receiver's Twenty-Seventh Interim Fee Application 1743 ; and 1744 Allen Matkins' Twenty-Seventh Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 1/27/20. (dlg)
November 13, 2019 Opinion or Order Filing 1747 ORDER Approving: 1735 Sale of Yuma Properties and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 11/13/19. (dlg)
November 12, 2019 Opinion or Order Filing 1746 ORDER Granting 1731 Receiver's Twenty-Seventh Interim Fee Application; and Granting 1732 Allen Matkins' Twenty-Seventh Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 11/12/19. (dlg)
July 29, 2019 Opinion or Order Filing 1739 ORDER Approving: Sale of 1719 ABL/MEX-TEC Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 7/26/19. (dlg)
July 24, 2019 Opinion or Order Filing 1737 ORDER Approving 1722 Sale of Vista Tecate Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 7/24/19. (dlg)
June 17, 2019 Opinion or Order Filing 1727 ORDER Granting 1714 Motion for Authority to Make Second Interim Distribution to Holders of Allowed Claims. Signed by Judge Gonzalo P. Curiel on 6/14/19. (dlg)
June 4, 2019 Opinion or Order Filing 1723 ORDER Approving 1707 Sale of Remaining 65 Acre Portion of Stead 1 Property and Authority to Play Broker's Commission. Signed by Judge Gonzalo P. Curiel on 6/3/19. (dlg)
April 2, 2019 Opinion or Order Filing 1708 ORDER Granting 1690 Receiver's Twenty-Fifth Interim Fee Application; Granting 1691 Allen Matkins' Twenty-Fifth Interim Fee Application ; Granting 1692 Duffy, Kruspodin, LLP's Tenth Interim Fee Application; Granting 1693 Holley Driggs Walch Fine Wray Puzey & Thompson Second Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 4/2/19. (dlg)
January 28, 2019 Opinion or Order Filing 1699 ORDER Approving 1675 Sale of Freetrade/Suntec/VIA 188 Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 1/28/19. (dlg)
September 27, 2018 Opinion or Order Filing 1667 ORDER Granting Accountants' 1655 Ninth Interim Application for Approval and Payment of Fees and Costs Granting Receiver's Twentieth Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 9/27/18. (dlg)
September 19, 2018 Opinion or Order Filing 1664 ORDER Granting Receiver's 1653 Twenty-Fourth Interim Fee Application; and Granting Allen Matkins' 1654 Twenty-Fourth Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 9/19/18. (dlg)
September 17, 2018 Opinion or Order Filing 1663 ORDER Approving 1643 Sale of Stead I Property and Authority. Signed by Judge Gonzalo P. Curiel on 9/17/18. (dlg)
August 28, 2018 Opinion or Order Filing 1652 ORDER Approving 1634 Sale of Washoe IV Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 8/28/18. (dlg)
August 27, 2018 Opinion or Order Filing 1650 ORDER Granting 1648 Receiver's Motion to File Supplemental Brief in Support of Receiver's Motion for (A) Approval of Sale of Washoe IV Property and (b) Authority to Pay Broker's Commission Under Seal. Signed by Judge Gonzalo P. Curiel on 8/27/2018. (rmc)
August 13, 2018 Opinion or Order Filing 1642 ORDER 1625 Approving Sale of Twin Plant Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 8/13/18. (dlg)
August 7, 2018 Opinion or Order Filing 1640 ORDER Granting 1619 Receiver's Twenty-Third Interim Fee Application; Granting 1620 Allen Matkins' Twenty-Third Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 8/7/2018. (rmc)
July 30, 2018 Opinion or Order Filing 1637 ORDER Approving 1616 Sale of Las Vegas 2 Property and Authority to Pay Broker's Commission. The sale of the Property known as the Las Vegas 2 Property, as described on Exhibit A to the Declaration of Thomas C. Hebrank in support of the Motion, by Thomas C. Hebrank to KB Home NV Acquisition LLC, is confirmed and approved. The purchase price of $1,725,000 for the Las Vegas 2 Property is confirmed and approved. The Receiver is immediately authorized to complete the sale transaction, inc luding executing any and all documents as may be necessary and appropriate to do so; and because a broker is representing the buyer, and pursuant to the Court-approved listing agreement, a commission in the amount of 6% of the final purchase price is approved. Signed by Judge Gonzalo P. Curiel on 7/30/2018. (rmc)
July 16, 2018 Opinion or Order Filing 1633 ORDER Granting 1613 Sale of Washoe V Property. Signed by Judge Gonzalo P. Curiel on 6/16/18. (dlg)
April 30, 2018 Opinion or Order Filing 1610 ORDER Granting 1594 Motion for Authority to Make Interim Distributions to Holders of Allowed Claims. Signed by Judge Gonzalo P. Curiel on 4/30/18. (dlg)
February 20, 2018 Opinion or Order Filing 1591 ORDER Granting Remaining 1545 Portion of Receiver's Motion to Resolve Disputed Claims. Signed by Judge Gonzalo P. Curiel on 2/20/18. (dlg)
January 29, 2018 Opinion or Order Filing 1585 ORDER Granting 1558 Receiver's Twenty-First Interim Fee Application ; Granting Allen Matkins' 1559 Twenty-First Interim Fee Application ; and Granting 1560 Duffy Kruspodin & Company's Eighth Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 1/29/18. (dlg)
January 23, 2018 Opinion or Order Filing 1581 ORDER Granting Recommendation Regarding Engagement of Real Estate Brokers 1564 . Signed by Judge Gonzalo P. Curiel on 1/23/18.(dlg)
December 11, 2017 Opinion or Order Filing 1566 ORDER Approving 1550 Sale of Dayton IV Property. Signed by Judge Gonzalo P. Curiel on 12/11/17. (dlg)
November 7, 2017 Opinion or Order Filing 1548 ORDER Granting Receiver's Twentieth Interim Fee Application 1521 ; Granting Allen Matkins' Twentieth Interim Fee Application 1522 ; Granting 1523 Duffy Kruspodin & Company's Application. The Receiver's Twentieth Interim report, ECF No. [1505[] is approved. Signed by Judge Gonzalo P. Curiel on 11/7/17. (dlg)
October 30, 2017 Opinion or Order Filing 1543 ORDER Granting 1527 Sale of Silver State Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 10/30/17. (dlg)
October 24, 2017 Opinion or Order Filing 1538 ORDER 1517 Approving Sale of Production Partners Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 10/24/17. (dlg)
October 19, 2017 Opinion or Order Filing 1537 ORDER Granting 1515 Sale of Washoe V Property. Signed by Judge Gonzalo P. Curiel on 10/19/17. (dlg)
September 20, 2017 Opinion or Order Filing 1520 ORDER Approving: 1508 Sale of Silver Springs North Property. (1) The Motion 1508 is Granted; (2) The sale of the Property known as the Silver Springs North property, as described on Exhibit A to the Declaration of Thomas C. Hebrank in support of the Motion ("Property"), by Thomas C. Hebrank, as receiver for North Springs Partners, Rawhide Partners, Highway 50 Partners, and Orange Vista Partners, to Lansing Companies is confirmed and approved; (3) The purchase price of $ 700,000 for the Property is confirmed and approved; and (4) The Receiver is immediately authorized to complete the sale transaction, including executing any and all documents as may be necessary and appropriate to do so. Signed by Judge Gonzalo P. Curiel on 09/20/2017. (ajs)
September 6, 2017 Opinion or Order Filing 1511 ORDER Granting 1506 Sale of LV kade Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 9/5/17. (dlg)
August 4, 2017 Opinion or Order Filing 1503 ORDER Granting 1464 Receiver's Eighteenth Interim Fee Application; Granting 1465 Allen Matkins' Eighteenth Interim Fee Application ; Granting 1489 Receiver's Nineteenth Interim Fee Application; Granting 1490 Allen Matkins' Nineteenth Interim Fee Application; Approving ( 1441 and 1478 ) Receiver's Eighteenth and Nineteenth Interim Reports. Signed by Judge Gonzalo P. Curiel on 8/4/17. (dlg)
June 29, 2017 Opinion or Order Filing 1495 ORDER : Supplemental Briefing Regarding (1) Suggestion of Schooler's Death and (2) Substitution of Party. The Court will expect a response on or before July 14, 2017. The SEC's response shall be filed on or before July 14, 2017.. Signed by Judge Gonzalo P. Curiel on 6/29/17.(All non-registered users CC'd served via U.S. Mail Service)(dlg)
June 14, 2017 Opinion or Order Filing 1487 ORDER Denying 1457 Glen Oaks Escrow to Release Deposit from Cancelled Sale of Freetrade Property to Receiver. The Court authorizes Receiver to take all reasonable steps to recover the $5,000 deposit. Signed by Judge Gonzalo P. Curiel on 6/14/17. (dlg)
April 12, 2017 Opinion or Order Filing 1468 AMENDED ORDER Approving: Sale of Reno Partners' Property re 1443 MOTION for Approval of Sale of Reno Partners' Property filed by Thomas C. Hebrank. Signed by Judge Gonzalo P. Curiel on 4/12/2017. (fth)
April 10, 2017 Opinion or Order Filing 1461 ORDER Providing Tentative Ruling Approving 1443 Sale of Reno Partners' Property. The Court directs the Receiver to submit supplemental briefing by April 13, 2017. Signed by Judge Gonzalo P. Curiel on 4/10/17.(dlg)
March 20, 2017 Opinion or Order Filing 1449 ORDER 1430 Approving Sale of Honey Springs Property and Authorizing Receiver to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 3/20/17. (dlg)
December 12, 2016 Opinion or Order Filing 1423 ORDER Approving and Adopting Receiver's Report and Recommendations Regarding Xpera Report and Recommendations 1405 . Signed by Judge Gonzalo P. Curiel on 12/12/16.(dlg)
December 7, 2016 Opinion or Order Filing 1420 ORDER Granting Receiver's 1385 Sixteenth Interim Fee Application ; Approving Allen Matkins' 1386 Sixteenth Interim Fee Application; Approving Receiver's Second Revised Fourteenth Interim Report 1376 ; Approving Receivers Fifteenth and Sixteenth Interim Reports 1377 , 1378 ; and Vacating Hearing Date. Signed by Judge Gonzalo P. Curiel on 12/7/16. (dlg)
November 29, 2016 Opinion or Order Filing 1409 ORDER Denying 1368 Motion to Stay, Motion to Alter or Amend; Denying 1381 Motion to Intervene; and Denying 1384 Motion to be Relieved as Counsel, to Notice Death of Defendant. Signed by Judge Gonzalo P. Curiel on 11/29/16. (dlg).
September 14, 2016 Opinion or Order Filing 1369 ORDER Granting 1327 Receiver's Fourteenth Interim Fee Application ; Granting 1328 Allen Matkins' Fourteenth Interim Fee Application ; Granting 1329 Receiver's Fifteenth Interim Application ; Granting 1330 Allen Matkins&# 039; Fifteenth Interim Fee Application ; Granting 1331 Duffy Kruspodin & Company's Sixth Interim Fee Application; Approving 1315 Receiver's Revised Fourteenth Interim Report in Part; Approving 1319 , 1353 Receiver's Fifteenth and Sixteenth Interim Report in Part; Vacating Hearing Dates. The hearing set for September 16, 2016, is vacated. Signed by Judge Gonzalo P. Curiel on 9/14/16. (dlg)
August 30, 2016 Opinion or Order Filing 1359 ORDER Approving Receiver's Court-Ordered Proposal Regarding Modified Orderly Sale Process 1309 ; Granting Receiver's Motion 1341 for Authority to Engage CBRE as Consultant; Denying Aguirre Investors' Motion 1316 for Stay; Denying Investors Joe M. Ardizzone; David R. Schwarz, and Lois Schwarz's Motion to Inervene 1348 . Signed by Judge Gonzalo P. Curiel on 8/30/16. (dlg)
May 25, 2016 Opinion or Order Filing 1305 ORDER Approving Receiver's Recommendations Regarding: Letters of Intent to Purchas Dayton I, Dayton IV. Fernley I. Las Vegas 2, and Stead Properties; Engagement of Real Estate Brokers for Las Vegas 1. Las Vegas 2, and Tecate Properties; Denying Receiver's 1191 Ex Parte Motion for Order Confirming Sale of Jamul Valley Property; and Granting 1280 Motion to File Documents Under Seal. Signed by Judge Gonzalo P. Curiel on 5/25/16. (dlg)
May 18, 2016 Opinion or Order Filing 1296 ORDER Granting in Part and Denying in Part 1227 , 1229 Investors' Motions to Intervene; Granting in Part and Denying in Part Dillon Investors' 1228 Motion to Unseal Documents ; Granting Various Ex Parte Motions 1265 , 1273 , 1275 , 1277 , 1293 . Signed by Judge Gonzalo P. Curiel on 5/18/16. (dlg)
April 5, 2016 Opinion or Order Filing 1224 ORDER: Resetting Briefing Schedule, Requesting Additional Briefing re 1181 ; and Denying Investors' Motions Without Prejudice re 1194 , 1200 , 1204 , 1211 , 1221 , 1222 , and 1223 . Regarding 1181 , the Court continues the hearing on this motion to May 6, 2016, at 1:30 p.m. in Courtroom 2D. Any opposition shall be filed on or before April 15, 2016. Any reply shall be filed on or before April 22, 2016. The Receiver shall file this proposal by close of business on April 22, 2016 . Before the Court are seven motions filed by various investors who have invested in various GPs that are subject to the receivership. These motions are denied without prejudice on the basis of non-compliance. The hearings on motions ECF Nos. 1221, 1222, and 1223 currently set for April 29, 2016 are vacated. Signed by Judge Gonzalo P. Curiel on 4/5/16. (dlg)
January 14, 2016 Opinion or Order Filing 1168 ORDER: Approving 1103 , 1148] Receiver's Twelfth and Thirteenth Interim Reports; Approving 1136 , 1159 , 1166 Receiver's Recommendations Regarding: (1) Letter of Intent to Purchase Stead Property, (2) Letters of Intent to Purchase Dayton I, Dayton IV, Fernley I, Las Vegas 2, and Stead Properties, (3) Engagement of Real Estate Brokers for Five GP Properties; Approving 1144 , 1145 Receivers Further Recommendations Regarding: (1) Offers Received for the Las Vegas 1 Properties, (2) Letters of Intent to Purchase the Fernley I, Washoe IV, and Washoe V Properties; and Granting 1158 Motion to File Under Seal. Signed by Judge Gonzalo P. Curiel on 1/14/16. (dlg)
September 15, 2015 Opinion or Order Filing 1134 ORDER: (1) Granting 1091 , 1096 , 1126 Receiver's Tenth, Eleventh, and Twelfth Interim Fee Applications; (2) Granting 1092 , 1097 , 1127 Allen Matkins' Tenth, Eleventh, and Twelfth Interim Fee Applications; Granting 1098 , 1128 Duffy's Fourth and Fifth Interim Fee Applications The hearings set for September 25, 2015 and October 30, 2015 are Vacated. Signed by Judge Gonzalo P. Curiel on 9/15/2015. (All non-registered users served via U.S. Mail Service)(srm)
June 17, 2015 Opinion or Order Filing 1088 REDACTED ORDER: (1) Adopting Receiver's Recommendation Regarding Jamul Valley Property; (2) Sealing Receiver's Recommendation Regarding Jamul Valley Property (Doc. 1020 ). The Clerk of Court is directed to seal the document currently filed at ECF No. 1020 . Signed by Judge Gonzalo P. Curiel on 6/17/2015. (srm)
June 3, 2015 Opinion or Order Filing 1081 ORDER Granting in Part and Denying in Part 1015 the SEC's Motion for Partial Summary Judgment on its First and Second Caims for Relief: With regards to the Stead property fair market value representation in Western's brochure, the SEC& #039;s first and second causes of action are granted as to all elements; and With regards to all other alleged misrepresentations and omissions, the SEC's first and second causes of action are granted as to an offer or sale of a security, granted as to interstate commerce, denied as to materiality, and denied as to intent. Signed by Judge Gonzalo P. Curiel on 6/3/15. (dlg)
May 19, 2015 Opinion or Order Filing 1074 ORDER Amending 1029 the Court's April 3, 2015, Order; Granting in Part and Denying in Part the SEC's Motion for Pretrial Summary Judgment 685 on its Fourth Claim for Relief; Denying 1064 as Moot the SEC's Amended Complaint; D enying as Moot the Parties' Joint Motion 1066 for Rescheduling of Hearing Dates and Modification of Briefing Schedule; and Vacating Hearing Date: The SEC's Motion for Partial Summary Judgment on its Fourth Claim for Relief, (ECF No. 68 5), is granted as to the SEC's Section 5 cause of action, granted as to disgorgement, and denied as to the SEC's requested disgorgement total; and The Court finds that the appropriate amount of disgorgement is the amount raised from inves tors, $152,982,250, minus the appraised value of the land transferred to investors, $16,328,000, resulting in a disgorgement total of $136,654,250 plus prejudgment interest calculated to May 19, 2015, the date of this amended order. Signed by Judge Gonzalo P. Curiel on 5/19/15. (dlg)
May 14, 2015 Opinion or Order Filing 1070 Notice of Tentative Amendment to the Court's Order on the SEC's Initial Motion For Summary Judgment (ECF 1029 ). Signed by Judge Gonzalo P. Curiel on 5/14/15.(dlg)
April 3, 2015 Opinion or Order Filing 1029 ORDER Denying 685 The SEC's Motion for Partial Summary Judgment On Its Fourth Claim For Relief. The SEC may refile its motion, addressing the deficiencies noted by the Court, on or before April 24, 2015. Signed by Judge Gonzalo P. Curiel on 4/3/15. (All non-registered users served via U.S. Mail Service)(dlg)
January 22, 2015 Opinion or Order Filing 934 ORDER Providing Tentative Ruling on Receiver's Report and Recommendation Regarding General Partnerships. Signed by Judge Gonzalo P. Curiel on 1/22/2015. (All non-registered users served via U.S. Mail Service)(srm)
January 15, 2015 Opinion or Order Filing 922 ORDER: (1) Granting 818 Receiver's Eighth Interim Fee Application; (2) Granting 819 Allen Matkins' Eighth Interim Fee Application; (3) Granting 820 Duffy's Third Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 1/15/2015. (All non-registered users served via U.S. Mail Service)(srm)
November 20, 2014 Opinion or Order Filing 851 ORDER: Granting In Part and Denying In Part 833 Receiver's Motion for Civil Contempt and Sanctions for Violation of Preliminary Injunction Order; (2) Vacating Hearing Date. The hearing set for November 21, 2014, is VACATED. Signed by Judge Gonzalo P. Curiel on 11/20/2014. (All non-registered users served via U.S. Mail Service)(srm)
November 5, 2014 Opinion or Order Filing 840 ORDER Denying 643 Defendants' Motion for Certification of Appeal by Permission. Signed by Judge Gonzalo P. Curiel on 11/5/2014. (All non-registered users served via U.S. Mail Service)(srm)
October 27, 2014 Opinion or Order Filing 823 ORDER Denying 661 Defendants' Motion for Modification of Preliminary Injunction. Signed by Judge Gonzalo P. Curiel on 10/27/2014. (All non-registered users served via U.S. Mail Service)(srm)
August 4, 2014 Opinion or Order Filing 637 ORDER: (1) Granting 525 Receiver's Fifth Fee Application; (2) Granting 526 Allen Matkins' Fifth Fee Application; (3) Granting 566 Receiver's Sixth Fee Application; (4) Granting 567 Allen Matkins' Sixth Fee Application; (5) Granting 568 Duffy's Second Fee Application. Signed by Judge Gonzalo P. Curiel on 8/4/2014. (All non-registered users served via U.S. Mail Service)(srm)
July 30, 2014 Opinion or Order Filing 634 ORDER Denying 592 Motion for Partial Reconsideration April 25, 2014 Summary Judgment Order. The hearing on Defendants' Motion, currently set for August 1, 2014, is Vacated. Signed by Judge Gonzalo P. Curiel on 7/30/2014. (All non-registered users served via U.S. Mail Service)(srm)
July 22, 2014 Opinion or Order Filing 629 ORDER on Sua Sponte Reconsideration of August 16, 2013 Order to Release General Partnerships From Receivership. Hearing set for 10/10/2014 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. All official responses must be filed with the Cour t on or before September 12, 2014, any response by the parties or the Receiver to the GP briefs shall be filed on or before September 26, 2014. Signed by Judge Gonzalo P. Curiel on 7/22/2014. (All non-registered users served via U.S. Mail Service)(srm)
July 18, 2014 Opinion or Order Filing 619 NOTICE of Tentative Ruling on Sua Sponte Reconsideration of August 16, 2013 Order to Release General Partnerships from Receivership. The Court sets a hearing on October 3, 2014, at 1:30 p.m., at which the GPs will be permitted to respond to the Co urt's decision to keep the GPs in the receivership. All briefs and notices of intention to appear must be filed on or before September 5, 2014. Any response to the GP briefs shall be filed on or before September 19, 2014. Signed by Judge Gonzalo P. Curiel on 7/18/2014. (All non-registered users served via U.S. Mail Service) (srm)
June 4, 2014 Opinion or Order Filing 595 ORDER Denying 560 Motion for Partial Reconsideration of Order Approving Receiver's Seventh Interim Report. The hearing on the Motion, currently set for June 13, 2014, is Vacated. Signed by Judge Gonzalo P. Curiel on 6/4/2014. (srm)
April 25, 2014 Opinion or Order Filing 583 ORDER: (1) Denying 542 Defendants' Motion for Partial Summary Judgment; (2) Denying 553 Plaintiff's Motion to Defer Consideration of Defendants' Motion for Partial Summary Judgment; (3) Granting In Part and Denying In Part [56 3] Plaintiff's Motion for Partial Summary Judgment. The Court finds good cause to sua sponte reconsider its August 16, 2013 order removing the GPs from the receivership. The Court sets this issue for consideration at a hearing on July 18, 2014, at 1:30 p.m. Opening briefs due 5/9/2014, responsive briefs due 5/23/2014. Signed by Judge Gonzalo P. Curiel on 4/25/2014. (srm)
November 14, 2013 Opinion or Order Filing 513 ORDER Granting in Part 495 Motion to Stay and Denying 496 Motion for Oral Argument. The Court's August 16, 2013 Order is STAYED with regard to the release of the GPs from the receivership pending the outcome of Defendants' appeal. The hearing on Defendants' Motion for Stay, currently set for November 15, 2013, is VACATED. Signed by Judge Gonzalo P. Curiel on 11/14/2013. (srm)
November 5, 2013 Opinion or Order Filing 511 ORDER (1) Granting In Part 197 Receiver's Third Fee Application; (2) Granting In Part 198 Allen Matkin's Third Fee Application; (3) Granting 202 Duffy's First Fee Application; (4) Granting 256 Motion For Order Approving Settle ment; (5) Granting 472 Cotton Driggs' Final Fee Application; (6) Granting In Part 477 Receiver's Fourth Fee Application; (7) Granting In Part 478 Allen Matkin's Fourth Fee Application; (8) Approving 481 Receiver's Fifth Interim Report. The hearing on the Receiver's and Allen Matkins' Fourth Fee Applications, currently set for November 8, 2013, is VACATED. Signed by Judge Gonzalo P. Curiel on 11/5/2013. (srm)
September 19, 2013 Opinion or Order Filing 494 ORDER Denying 476 Motion for Partial Reconsideration. The hearing on the Motion for Reconsideration, currently set for September 27, 2013, is VACATED. Signed by Judge Gonzalo P. Curiel on 9/19/2013. (srm) (jrl).
August 16, 2013 Opinion or Order Filing 470 ORDER (1) Granting in Part and Denying in Part 195 Defendants' Motion to Modify Preliminary Injunction Orderl; (2) Declining to Approve 203 Receiver's Report and Recommendations Regarding Valuation of Real Estate Assets of Receivershi p Entities; (3) Granting 192 Motion for for Authority to Pursue Claims Against Linmar Borrowers; Granting 406 Motion for Leave to File Excess Pages; Granting 455 Ex Parte Motion for Leave to File Sur-Reply. The Clerk of Court is directed to file the document attached as Exhibit A to the Receiver's Ex Parte Application on the docket in this matter. Signed by Judge Gonzalo P. Curiel on 8/16/2013. (srm)
July 1, 2013 Opinion or Order Filing 212 ORDER Denying 43 Defendants' Motion to Dismiss. Signed by Judge Gonzalo P. Curiel on 7/1/2013. (srm)
October 5, 2012 Opinion or Order Filing 44 PRELIMINARY INJUNCTION ORDER. Signed by Judge Larry Alan Burns on 10/5/12.(kaj)
September 13, 2012 Opinion or Order Filing 22 ORDER denying without prejudice 14 Motion to Dissolve or Modify Temporary Restraining Order. Signed by Judge Larry Alan Burns on 9/12/12. (cge)
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Plaintiff: Securities and Exchange Commission
Represented By: Sara D. Kalin
Represented By: Molly M White
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Defendant: Louis V. Schooler
Represented By: Philip H Dyson
Represented By: Eric Hougen
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Defendant: First Financial Planning Corporation
Represented By: Philip H Dyson
Represented By: Eric Hougen
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Receiver: Thomas C. Hebrank
Represented By: Edward G Fates
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