Securities and Exchange Commission v. Schooler et al
Plaintiff: Securities and Exchange Commission
Defendant: First Financial Planning Corporation, Louis V. Schooler, First Financial Planning Corporation doing business as Western Financial Planning Corporation and E. Andrew Schooler
Receiver: Thomas C. Hebrank
Intervenor: Gregory M Post, Susan Graham, Alex Haua and Ardizzone M Joseph
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
Referring Judge: Jill L Burkhardt
2 Judge: Gonzalo P Curiel
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 0077
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2021 Opinion or Order Filing 1819 MINUTE ORDER OF TRANSFER: IT IS HEREBY ORDERED that this case be transferred from the calendar of the Honorable Linda Lopez to the calendar of the Honorable Jill L. Burkhardt for all further proceedings. All conference or hearing dates currently set before Magistrate Judge Lopez remain as scheduled before Magistrate Judge Burkhardt. Any dates set before any district judge remain unchanged. The new case number is 12-cv-2164-GPC-JLB.(no document attached) (dsn)
September 30, 2021 Opinion or Order Filing 1818 ORDER Granting The Receiver's Thirty-Fourth Interim Fee Application, #1811 Motion ; Granting Allen Matkins' Thirty-Fourth Interim Fee Application, #1812 Motion ; Granting #1813 Duffy Kuspodin's Final Fee Application. The Court further vacates the hearing on this matter. Signed by Judge Gonzalo P. Curiel on 9/30/21. (dlg)
September 30, 2021 Opinion or Order Filing 1817 ORDER Granting #1815 Motion to Conclude Receivership; Authorizing Receiver to Make Final Distributions to Approved Claimants and to Establish Reserve; Approving Final Accounting and Report; Approving Disposition of Books and Records; and Conditionally Discharging Receiver. Signed by Judge Gonzalo P. Curiel on 9/30/21. (dlg)
July 20, 2021 Opinion or Order Filing 1816 NOTICE of Settlement Consent to Entry of Final Judgment as to First Financial Planning Corporation d/b/a Western Financial Planning Corporation by Securities and Exchange Commission (Dean, Lynn) (dlg).
July 19, 2021 Opinion or Order Filing 1815 MOTION to Conclude Receivership and for Order: (1) Authorizing Receiver to Make Final Distributions to Approved Claimants and Establish Reserve; (2) Approving Final Accounting and Report; (3) Approving Disposition of Books and Records; and (4) Conditionally Discharging Receiver; Receiver's Final Accounting and Report by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A)(Fates, Edward) (dlg).
July 19, 2021 Opinion or Order Filing 1814 NOTICE of Hearing on Final Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1811 MOTION Final Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1813 MOTION Final Application for Approval of Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver , #1812 MOTION Final Application for Approval of Payment of Fees and Reimbursement of Expenses of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
July 19, 2021 Opinion or Order Filing 1813 MOTION Final Application for Approval of Payment of Fees to Duffy Kruspodin, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (dlg).
July 19, 2021 Opinion or Order Filing 1812 MOTION Final Application for Approval of Payment of Fees and Reimbursement of Expenses of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
July 19, 2021 Opinion or Order Filing 1811 MOTION Final Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg).
April 19, 2021 Opinion or Order Filing 1810 ORDER Granting #1805 Receiver's Thirty-Fourth Interim Feel Application; and Allen Matikin's #1806 Thirty-Fourth Interim Fee Application. The Court further vacates the hearing on this matter. Signed by Judge Gonzalo P. Curiel on 4/19/21. (dlg)
March 23, 2021 Opinion or Order Filing 1809 ORDER #1801 Approving Sale of Remaining 79-Acre Portion of Minden Property and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 3/23/21. (dlg)
March 23, 2021 Opinion or Order Filing 1808 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1801 MOTION for Order for (A) Approval of Sale of Remaining 79-Acre Portion of Minden Property, and (B) Authority to Pay Broker's Commission (Fates, Edward) (jmr).
March 18, 2021 Opinion or Order Filing 1807 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1806 MOTION Thirty-Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1805 MOTION Thirty-Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward)
March 18, 2021 Opinion or Order Filing 1806 MOTION Thirty-Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
March 18, 2021 Opinion or Order Filing 1805 MOTION Thirty-Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg).
March 10, 2021 Opinion or Order Filing 1804 ORDER Granting #1792 Receiver's Thirty-Third Interim Fee Application; and #1793 Allen Matkins' Third-Third Fee Application. The Court further Vacates the hearing on this matter. Signed by Judge Gonzalo P. Curiel on 3/10/21. (dlg)
March 8, 2021 Opinion or Order Filing 1803 ORDER #1797 Approving Sale of Washoe III Property and Authority to Pay Broker's Commission and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 3/8/21. (dlg)
March 4, 2021 Opinion or Order Filing 1802 NOTICE of Results of Auction of Washoe III Property by Thomas C. Hebrank (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jpp).
February 24, 2021 Opinion or Order Filing 1801 MOTION for Order for (A) Approval of Sale of Remaining 79-Acre Portion of Minden Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (dlg).
February 23, 2021 Opinion or Order Filing 1800 NOTICE of Receipt of Qualified Overbids by Thomas C. Hebrank re #1797 MOTION for Order for (A) Approval of Sale of Washoe III Property; and (B) Authority to Pay Broker's Commission (Fates, Edward)
February 23, 2021 Opinion or Order Filing 1799 STATUS REPORT Receiver's Thirty-Fourth Interim Report by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward)
February 8, 2021 Opinion or Order Filing 1798 ORDER #1791 Approving Sale of Western-Owned Dayton Property and Authority to Pay Broker's Commission and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 2/8/21. (dlg)
February 5, 2021 Opinion or Order Filing 1797 MOTION for Order for (A) Approval of Sale of Washoe III Property; and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (dlg).
February 3, 2021 Opinion or Order Filing 1796 ORDER Resetting Hearing Date re #1791 MOTION for Order for (A) Approval of Sale of Western-Owned Dayton Property; and (B) Authority to Pay Broker's Commission : Motion Hearing set for 2/19/2021 at 1:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 2/3/21.(dlg)
January 12, 2021 Opinion or Order Filing 1795 NOTICE Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1791 MOTION for Order for (A) Approval of Sale of Western-Owned Dayton Property; and (B) Authority to Pay Broker's Commission (Fates, Edward) (dlg).
January 11, 2021 Opinion or Order Filing 1794 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1793 MOTION Thirty-Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank , #1792 MOTION Thirty-Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward)
January 11, 2021 Opinion or Order Filing 1793 MOTION Thirty-Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
January 11, 2021 Opinion or Order Filing 1792 MOTION Thirty-Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg).
December 16, 2020 Opinion or Order Filing 1791 MOTION for Order for (A) Approval of Sale of Western-Owned Dayton Property; and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (dlg).
December 14, 2020 Opinion or Order Filing 1790 ORDER Granting Receiver's Thirty-Second Interim Fee Application; and Allen Matkins' Thirty-Second Interim Fee Application (ECF Nos. #1786 , #1787 ). Signed by Judge Gonzalo P. Curiel on 12/14/20. (dlg)
November 24, 2020 Opinion or Order Filing 1789 STATUS REPORT Receiver's Thirty-Third Interim Report by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (dlg).
October 28, 2020 Opinion or Order Filing 1788 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1787 MOTION Thirty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1786 MOTION Thirty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward)
October 28, 2020 Opinion or Order Filing 1787 MOTION Thirty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward)
October 28, 2020 Opinion or Order Filing 1786 MOTION Thirty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg).
September 10, 2020 Opinion or Order Filing 1785 STATUS REPORT Receiver's Thirty-Second Interim Report by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (dlg).
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 25, 2020 Opinion or Order Filing 1783 NOTICE Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1781 MOTION for Order for (A) Approval of Sale of Silver Springs South Property and (B) Authority to Pay Broker's Commission (Fates, Edward) (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 27, 2020 Opinion or Order Filing 1781 MOTION for Order for (A) Approval of Sale of Silver Springs South Property and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (anh).
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 24, 2020 Opinion or Order Filing 1779 ORDER Approving #1767 Sale of Two-Acre Portion of Minden Property and Authority to Pay Broker's Commission and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 7/23/20. (dlg)
July 24, 2020 Opinion or Order Filing 1778 ORDER Approving #1768 Sale of Dayton III Property and Authority to Pay Broker's Commission and Vacating Hearing. Signed by Judge Gonzalo P. Curiel on 7/23/20. (dlg)
July 21, 2020 Opinion or Order Filing 1777 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1767 MOTION for Order for (A) Approval of Sale of Two-Acre Portion of Minden Property, and (B) Authority to Pay Broker's Commission (Fates, Edward)(dlg).
July 21, 2020 Opinion or Order Filing 1776 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1768 MOTION for Order for (A) Approval of Sale of Dayton III Property and (B) Authority to Pay Broker's Commission (Fates, Edward) (dlg).
July 16, 2020 Opinion or Order Filing 1775 NOTICE of Winning Bid for Washoe III Property and Submission of Amended Proposed Order Approving Winning Bid by Thomas C. Hebrank re #1765 MOTION for Order for (A) Approval of Sale of Washoe III Property, and (B) Authority to Pay Broker's Commission (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
July 10, 2020 Opinion or Order Filing 1774 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1773 MOTION Thirty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1772 MOTION Thirty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
July 10, 2020 Opinion or Order Filing 1773 MOTION Thirty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
July 10, 2020 Opinion or Order Filing 1772 MOTION Thirty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg).
July 8, 2020 Opinion or Order Filing 1771 NOTICE of Receipt of Qualified Overbid Regarding Motion for (A) Approval of Sale of Washoe III Property and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank (Fates, Edward) (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 26, 2020 Opinion or Order Filing 1769 NOTICE of Winning Bid for Santa Fe Property and Submission of Amended Proposed Order Approving Winning Bid and Back-Up Bid by Thomas C. Hebrank re #1763 MOTION for Order for (A) Approval of Sale of Santa Fe Property, and (B) Authority to Pay Broker's Commission (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
June 25, 2020 Opinion or Order Filing 1768 MOTION for Order for (A) Approval of Sale of Dayton III Property and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (jrm).
June 25, 2020 Opinion or Order Filing 1767 MOTION for Order for (A) Approval of Sale of Two-Acre Portion of Minden Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (jrm).
June 23, 2020 Opinion or Order Filing 1766 NOTICE of Receipt of Qualified Overbids by Thomas C. Hebrank re #1763 MOTION for Order for (A) Approval of Sale of Santa Fe Property, and (B) Authority to Pay Broker's Commission (Fates, Edward) (dlg).
June 18, 2020 Opinion or Order Filing 1765 MOTION for Order for (A) Approval of Sale of Washoe III Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (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)
May 20, 2020 Opinion or Order Filing 1763 MOTION for Order for (A) Approval of Sale of Santa Fe Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Exhibit A)(Fates, Edward) (dlg).
April 28, 2020 Opinion or Order Filing 1762 STATUS REPORT Receiver's Thirty-First Interim Report by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward)
April 17, 2020 Opinion or Order Filing 1761 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1760 MOTION Eleventh Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLC, as Tax Accountants for Receiver , #1759 MOTION Thirtieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1758 MOTION Thirtieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
April 17, 2020 Opinion or Order Filing 1760 MOTION Eleventh Interim Application for Approval and Payment of Fees to Duffy Kruspodin, LLC, as Tax Accountants for Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (dlg).
April 17, 2020 Opinion or Order Filing 1759 MOTION Thirtieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
April 17, 2020 Opinion or Order Filing 1758 MOTION Thirtieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg).
March 31, 2020 Opinion or Order Filing 1757 STATUS REPORT Receiver's Thirtieth Interim Report by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (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)
March 20, 2020 Opinion or Order Filing 1755 NOTICE of Change of Attorney Information by Securities and Exchange Commission (Dean, Lynn) (dlg).
March 18, 2020 Opinion or Order Filing 1754 Minute Order - The requirement of Judge Curiel's Chambers for provision of courtesy copies of any filings in this action is suspended pending further notice (no document attached) (dlg)
March 18, 2020 Opinion or Order Filing 1753 ORDER Re: Motion Hearings. Signed by Judge Gonzalo P. Curiel on 3/18/20.(dlg)
February 14, 2020 Opinion or Order Filing 1752 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1751 MOTION Twenty-Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1750 MOTION Twenty-Eighth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
February 14, 2020 Opinion or Order Filing 1751 MOTION Twenty-Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A)(Fates, Edward) (dlg).
February 14, 2020 Opinion or Order Filing 1750 MOTION Twenty-Ninth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fates, Edward) (dlg). Modified on 3/25/2020 (dlg).
January 27, 2020 Opinion or Order Filing 1749 ORDER Granting: Receiver's Twenty-Eighth Interim Fee Application #1743 ; and #1744 Allen Matkins' Twenty-Eighth Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 1/27/20. (dlg) Modified on 3/20/2020 to edit docket text per dj chambers (dlg).
November 20, 2019 Opinion or Order Filing 1748 STATUS REPORT Receiver's Twenty-Ninth Interim Report by Thomas C. Hebrank. (Fates, Edward) (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)
October 23, 2019 Opinion or Order Filing 1745 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1743 MOTION Twenty-Eighth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1744 MOTION Twenty-Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
October 23, 2019 Opinion or Order Filing 1744 MOTION Twenty-Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 23, 2019 Opinion or Order Filing 1743 MOTION Twenty-Eighth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 26, 2019 Opinion or Order Filing 1742 STATUS REPORT Receiver's Twenty-Eighth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 20, 2019 Opinion or Order Filing 1741 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1735 MOTION for Order for (A) Approval of Sale of Yuma Properties, and (B) Authority to Pay Broker's Commission (Fates, Edward) (dlg).
July 30, 2019 Opinion or Order Filing 1740 NON Opposition re #1732 MOTION Twenty-Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1731 MOTION Twenty-Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Securities and Exchange Commission. (Dean, Lynn) (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 1738 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1719 MOTION for Order for (A) Approval of Sale of ABL/Mex-Tec Property, and (B) Authority to Pay Broker's Commission (Fates, Edward) (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)
July 22, 2019 Opinion or Order Filing 1736 ORDER Setting Briefing Schedule re #1732 and #1731 : Any opposition to the motions shall be filed on or before August 9, 2019. Any reply is due on or before August 16, 2019. A hearing for the motions is rescheduled for November 15, 2019 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 7/22/19.(dlg)
July 19, 2019 Opinion or Order Filing 1735 MOTION for Order for (A) Approval of Sale of Yuma Properties, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
July 17, 2019 Opinion or Order Filing 1734 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1732 MOTION Twenty-Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1733 Notice (Other), #1731 MOTION Twenty-Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
July 17, 2019 Opinion or Order Filing 1733 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1732 MOTION Twenty-Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1731 MOTION Twenty-Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
July 17, 2019 Opinion or Order Filing 1732 MOTION Twenty-Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
July 17, 2019 Opinion or Order Filing 1731 MOTION Twenty-Seventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
July 1, 2019 Opinion or Order Filing 1730 MINUTE ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Linda Lopez for all further proceedings. The new case number is 12-cv-2164-GPC-LL.(no document attached) (dlg)
July 1, 2019 Opinion or Order Filing 1729 MINUTE ORDER OF TRANSFER. Magistrate Judge Jan M. Adler is no longer assigned. Case reassigned to Magistrate Judge William V. Gallo for all further proceedings. The new case number is 12-cv-2164-GPC-WVG.(no document attached) (dlg)
June 20, 2019 Opinion or Order Filing 1728 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1722 MOTION for Order for (A) Approval of Sale of Vista Tecate Property, and (B) Authority to Pay Broker's Commission (Fates, Edward)(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 17, 2019 Opinion or Order Filing 1726 ORDER Granting #1701 Sale of Fernley Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 6/14/19. (dlg)
June 17, 2019 Opinion or Order Filing 1725 ORDER Granting #1709 Receiver's Twenty-Sixth Interim Fee Application; and #1710 Allen Matkins' Twenty-Sixth Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 6/14/19. (dlg)
June 4, 2019 Opinion or Order Filing 1724 ORDER Revising #1704 Judgment Against Defendant Louis V. Schooler. Signed by Judge Gonzalo P. Curiel on 6/3/19. (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)
May 23, 2019 Opinion or Order Filing 1722 MOTION for Order for (A) Approval of Sale of Vista Tecate Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
May 16, 2019 Opinion or Order Filing 1721 NON Opposition re #1704 MOTION for Judgment Revised Final Judgment Against Defendant Louis V. Schooler filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
May 13, 2019 Opinion or Order Filing 1720 NOTICE of Results of Auction of Remaining 65-Acre Portion of Stead 1 Property by Thomas C. Hebrank re #1707 MOTION for Order for (A) Approval of Sale of Remaining 65-Acre Portion of Stead I Property, and (B) Authority to Pay Broker's Commission (Attachments: #1 Proof of Service)(Fates, Edward) (dlg).
May 10, 2019 Opinion or Order Filing 1719 MOTION for Order for (A) Approval of Sale of ABL/Mex-Tec Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
May 6, 2019 Opinion or Order Filing 1718 STATUS REPORT Receiver's Twenty-Seventh Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
May 1, 2019 Opinion or Order Filing 1717 NOTICE Of Receipt Of Qualified Overbids by Thomas C. Hebrank re #1707 MOTION for Order for (A) Approval of Sale of Remaining 65-Acre Portion of Stead I Property, and (B) Authority to Pay Broker's Commission (Fates, Edward) (tcf).
April 22, 2019 Opinion or Order Filing 1716 NON Opposition re #1714 MOTION for Authority to Make Second Interim Distribution to Holders of Allowed Claims filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
April 9, 2019 Opinion or Order Filing 1715 ORDER Setting Briefing Schedule (Re: ECF No. #1714 ) MOTION for Authority to Make Second Interim Distribution to Holders of Allowed Claims: Responses due by 4/22/2019. Replies due by 5/6/2019. Motion Hearing set for 6/21/2019 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 4/9/2019.(tcf)(jrd)
April 8, 2019 Opinion or Order Filing 1714 MOTION for Authority to Make Second Interim Distribution to Holders of Allowed Claims by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (tcf).
April 5, 2019 Opinion or Order Filing 1713 ORDER Setting Briefing Schedule re #1709 MOTION Twenty-Sixth Interim Application For Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1710 MOTION Twenty-Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver : Any opposition to the motions shall be filed on or before April 19, 2019. Any reply is due on or before May 3, 2019. A hearing for the motions is set for June 21, 2019, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/5/19.(dlg)
April 4, 2019 Opinion or Order Filing 1712 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1710 MOTION Twenty-Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1711 Notice (Other), #1709 MOTION Twenty-Sixth Interim Application For Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
April 4, 2019 Opinion or Order Filing 1711 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1710 MOTION Twenty-Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1709 MOTION Twenty-Sixth Interim Application For Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
April 4, 2019 Opinion or Order Filing 1710 MOTION Twenty-Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
April 4, 2019 Opinion or Order Filing 1709 MOTION Twenty-Sixth Interim Application For Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (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)
March 27, 2019 Opinion or Order Filing 1707 MOTION for Order for (A) Approval of Sale of Remaining 65-Acre Portion of Stead I Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
March 27, 2019 Opinion or Order Filing 1706 Minute Order - On the Court's own motion pursuant to Dkt. No. #1689 , the hearing on Disgorgement, previously set for March 29, 2019, is vacated and reset to June 7, 2019. The SEC and Receiver shall file their motion seeking disgorgement, with any applicable evidentiary documents and addressing Kokesh, by April 2, 2019. Any opposition to the motion shall be filed on or before May 3, 2019. Any reply is due on or before May 17, 2019.(no document attached) (dlg)
March 27, 2019 Opinion or Order Filing 1705 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1701 MOTION for Order for (A) Approval of Sale of Fernley I Property, and (B) Authority to Pay Broker's Commission (Fates, Edward) (dlg).
March 25, 2019 Opinion or Order Filing 1704 MOTION for Judgment Revised Final Judgment Against Defendant Louis V. Schooler by Securities and Exchange Commission. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Lynn Dean, #3 Declaration of Thomas c. Hebrank)(Dean, Lynn) (dlg).
March 11, 2019 Opinion or Order Filing 1703 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Appeal Mandate Hearing) held on 12/14/2018 before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Bowery. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/1/2019. Redacted Transcript Deadline set for 4/11/2019. Release of Transcript Restriction set for 6/10/2019. (akr)
March 7, 2019 Opinion or Order Filing 1702 ORDER SETTING BRIEFING SCHEDULE FOR MOTION FOR ORDER FOR (A) APPROVAL OF SALE OF FERNLEY I PROPERTY, AND (B) AUTHORITY TO PAY BROKERS COMMISSION re #1701 MOTION for Order (A) Approval of Sale of Fernley I Property, and (B) Authority to Pay Broker's Commission. Any opposition due by 3/21/2019. Any reply due by 4/4/2019. Motion Hearing set for 6/21/2019 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 3/7/2019.(sjm)
March 6, 2019 Opinion or Order Filing 1701 MOTION for Order for (A) Approval of Sale of Fernley I Property, and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
January 30, 2019 Opinion or Order Filing 1700 STATUS REPORT Receiver's Twenty-Sixth Interim Report by Thomas C. Hebrank. (Fates, Edward) (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)
January 28, 2019 Opinion or Order Filing 1698 ORDER Approving #1680 Sale of Borderland Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 1/28/19. (dlg)
January 24, 2019 Opinion or Order Filing 1697 ORDER Setting Briefing Schedule re #1692 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin, LLP, as Tax Accountants for Receiver , #1690 MOTION Twenty-Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1693 MOTION Second Interim Fee Application of Holley Driggs Walch Fine Wray Puzey & Thompson, Local Counsel in Nevada to Receiver , #1691 MOTION Twenty-Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver : Any opposition to the motions shall be filed on or before February 15, 2019. Any reply is due on or before March 1, 2019. A hearing for the motions is set for April 5, 2019, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/24/19.(dlg)
January 23, 2019 Opinion or Order Filing 1696 Minute ORDER, re #1680 MOTION for Order for (A) Approval of Sale of Borderland Property and (B) Authority to Pay Broker's Commission - Submitted. Motion Hearing set for 1/25/19 - Vacated. (no document attached) (ksr)
January 22, 2019 Opinion or Order Filing 1695 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1694 Notice (Other),, #1691 MOTION Twenty-Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1693 MOTION Second Interim Fee Application of Holley Driggs Walch Fine Wray Puzey & Thompson, Local Counsel in Nevada to Receiver , #1690 MOTION Twenty-Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1692 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin, LLP, as Tax Accountants for Receiver (Fates, Edward) (dlg).
January 22, 2019 Opinion or Order Filing 1694 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1691 MOTION Twenty-Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1693 MOTION Second Interim Fee Application of Holley Driggs Walch Fine Wray Puzey & Thompson, Local Counsel in Nevada to Receiver , #1690 MOTION Twenty-Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1692 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin, LLP, as Tax Accountants for Receiver (Fates, Edward) (dlg).
January 22, 2019 Opinion or Order Filing 1693 MOTION Second Interim Fee Application of Holley Driggs Walch Fine Wray Puzey & Thompson, Local Counsel in Nevada to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 22, 2019 Opinion or Order Filing 1692 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 22, 2019 Opinion or Order Filing 1691 MOTION Twenty-Fifth Interim Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 22, 2019 Opinion or Order Filing 1690 MOTION Twenty-Fifth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 18, 2019 Opinion or Order Filing 1689 ORDER GRANTING PLAINTIFF SECURITIES AND EXCHANGE COMMISSIONS REQUEST FOR CONTINUANCE IN LIGHT OF PARTIAL GOVERNMENT SHUTDOWN. Signed by Judge Gonzalo P. Curiel on 1/18/2019. (sjm)
January 18, 2019 Opinion or Order Filing 1688 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1675 MOTION for Order for Approval of Sale of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission (Fates, Edward) (dlg).
January 16, 2019 Opinion or Order Filing 1687 MOTION to Continue In Light of Partial Government Shutdown by Securities and Exchange Commission. (Dean, Lynn) (dlg).
January 11, 2019 Opinion or Order Filing 1686 NOTICE of Non-Receipt of Qualified Overbids by Thomas C. Hebrank re #1680 MOTION for Order for (A) Approval of Sale of Borderland Property and (B) Authority to Pay Broker's Commission (Fates, Edward) (dlg).
December 26, 2018 Opinion or Order Filing 1685 NON Opposition re #1680 MOTION for Order for (A) Approval of Sale of Borderland Property and (B) Authority to Pay Broker's Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
December 17, 2018 Opinion or Order Filing 1684 ORDER Setting Briefing Schedule for Disgorgement : The SEC and Receiver shall file their motion seeking disgorgment, with any applicable evidentiary documents and addressing Kokesh, by January 25, 2019. Any opposition to the motion shall be filed on or before March 1, 2019. Any reply is due on or before March 15, 2019. A hearing for the motion is set for March 29, 2019, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 12/17/18.(dlg)
December 14, 2018 Opinion or Order Filing 1683 MANDATE of USCA affirming in part and vacating and remanding in part as to #1177 Notice of Appeal to the 9th Circuit filed by Louis V. Schooler. (akr)
December 14, 2018 Opinion or Order Filing 1682 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Appeal Mandate Hearing held on 12/14/2018. Appeal Mandate ordered filed for USCA Case Number(s): 16-55167. Court to issue Scheduling Order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Lynn Dean). (Receiver Attorney Edward Fates).(no document attached) (ksr)
December 13, 2018 Opinion or Order Filing 1681 ORDER Setting Briefing Schedule re #1680 MOTION for Order for (A) Approval of Sale of Borderland Property and (B) Authority to Pay Broker's Commission : Any opposition to the motion shall be filed on or before December 28, 2018. Any reply is due on or before January 11, 2019. A hearing for the motion is set for January 25, 2019, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 12/13/18.(dlg)
December 12, 2018 Opinion or Order Filing 1680 MOTION for Order for (A) Approval of Sale of Borderland Property and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
December 5, 2018 Opinion or Order Filing 1679 ORDER #1668 Approving Sale of Dayton I Property. Signed by Judge Gonzalo P. Curiel on 12/5/18. (dlg)
December 5, 2018 Opinion or Order Filing 1678 ORDER Granting #1671 Motion to Amend Sale Order for Washoe V Property; and Amending Order #1633 Approving Sale of Washoe V Property. Signed by Judge Gonzalo P. Curiel on 12/4/18. (dlg)
November 29, 2018 Opinion or Order Filing 1677 NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 12/14/2018 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. (no document attached) (ksr)
November 26, 2018 Opinion or Order Filing 1676 ORDER Setting Briefing Schedule re #1675 MOTION for Order for Approval of Sale of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission : Any opposition to the motion shall be filed on or before December 7, 2018. Any reply is due on or before December 14, 2018. A hearing for the motion is set for February 1, 2019, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 11/26/18.(dlg)
November 20, 2018 Opinion or Order Filing 1675 MOTION for Order for Approval of Sale of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
November 7, 2018 Opinion or Order Filing 1674 NON Opposition re #1668 MOTION for Order for Approval of Sale of Dayton I Property Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Dayton I Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 26, 2018 Opinion or Order Filing 1673 STATUS REPORT Receiver's Twenty-Fifth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 23, 2018 Opinion or Order Filing 1672 ORDER Setting Briefing Schedule re #1671 MOTION for Order to Amend Sale Order for Washoe V Property : Any opposition to the motion shall be filed on or before November 6, 2018. Any reply is due on or before November 13, 2018. A hearing for the motion is set for December 7, 2018, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/23/18.(dlg)
October 23, 2018 Opinion or Order Filing 1671 MOTION for Order to Amend Sale Order for Washoe V Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities)(Fates, Edward) (dlg).
October 22, 2018 Opinion or Order Filing 1670 NON Opposition re #1668 MOTION for Order for Approval of Sale of Dayton I Property filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 15, 2018 Opinion or Order Filing 1669 ORDER Setting Briefing Schedule re #1668 MOTION for Order for Approval of Sale of Dayton I Property : Any opposition to the motion shall be filed on or before October 26, 2018. Any reply is due on or before November 2, 2018. A hearing for the motion is set for December 7, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/12/18.(dlg)
October 12, 2018 Opinion or Order Filing 1668 MOTION for Order for Approval of Sale of Dayton I Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (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 26, 2018 Opinion or Order Filing 1666 RESPONSE in Support re #1655 MOTION Ninth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver filed by Thomas C. Hebrank. (Attachments: #1 Proof of Service)(Fates, Edward) (dlg).
September 19, 2018 Opinion or Order Filing 1665 ORDER TO SHOW CAUSE re: Duffy's Ninth Interim Fee Application ( #1655 ). Duffy is directed to supplement its Application, by September 26, 2018, with any further information to address the Court's concerns and assist the Court in determining assessing the reasonableness of Duffy's time and fees. Signed by Judge Gonzalo P. Curiel on 9/19/18.(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)
September 14, 2018 Opinion or Order Filing 1662 NON Opposition re #1643 MOTION for Approval of Sale of 42-Acre Portion of Stead I Property filed by Securities and Exchange Commission. (Kalin, Sara) (dlg).
September 14, 2018 Opinion or Order Filing 1661 NON Opposition re #1655 MOTION Ninth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1654 MOTION Twenty-Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1653 MOTION Twenty-Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Securities and Exchange Commission. (Kalin, Sara) (dlg).
September 12, 2018 Opinion or Order Filing 1660 NOTICE OF RESULTS OF AUCTION FOR STEAD I PROPERTY by Thomas C. Hebrank re #1643 MOTION for Approval of Sale of 42-Acre Portion of Stead I Property (Fates, Edward) (dlg).
September 5, 2018 Opinion or Order Filing 1659 RESPONSE to Motion re #1643 MOTION for Approval of Sale of 42-Acre Portion of Stead I Property Notice of Receipt of Qualified Overbid for Sale of 42-Acre Portion of Stead I Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 30, 2018 Opinion or Order Filing 1658 ORDER Setting Briefing Schedule re #1653 , #1654 , #1655 : Any opposition to the motions shall be filed on or before September 14, 2018. Any reply is due on or before September 21, 2018. A hearing for the motions is set for October 5, 2018, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/30/18.(dlg)
August 29, 2018 Opinion or Order Filing 1657 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1655 MOTION Ninth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1654 MOTION Twenty-Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1656 Notice (Other),, #1653 MOTION Twenty-Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
August 29, 2018 Opinion or Order Filing 1656 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1655 MOTION Ninth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1654 MOTION Twenty-Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1653 MOTION Twenty-Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
August 29, 2018 Opinion or Order Filing 1655 MOTION Ninth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 29, 2018 Opinion or Order Filing 1654 MOTION Twenty-Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 29, 2018 Opinion or Order Filing 1653 MOTION Twenty-Fourth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (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 24, 2018 Opinion or Order Filing 1649 ** Filed as Sealed Document 1651 on 8/27/2018 ** SEALED LODGED Proposed Document re: #1648 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (rmc). (Main Document 1649 replaced on 8/27/2018) (rmc). Modified on 8/27/2018 to add file date of lodgment (rmc).
August 24, 2018 Opinion or Order Filing 1648 MOTION to File Documents Under Seal (Fates, Edward) (rmc).
August 23, 2018 Opinion or Order Filing 1647 ORDER Calling for Additional Information Regarding the Washoe IV Property ( #1634 ). The Court orders that the Receiver file the "more detailed discussion of CBRE's analysis and the recommended list price". The Receiver shall file this document, under seal, within fourteen days of the date this order is issued. Because no opposition to the proposed sale was filed, the Court vacates the hearing on the motion scheduled for August 31, 2018. Signed by Judge Gonzalo P. Curiel on 8/23/18.(dlg)
August 22, 2018 Opinion or Order Filing 1646 Notice of Non-Receipts re #1634 MOTION for Approval of Sale of Washoe IV Property and Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for (A) Approval of Sale of Washoe IV Property and (B) Authority to Pay Broker Commission filed by Thomas C. Hebrank. (Fates, Edward) (edited text to reflect filing) (dlg).
August 17, 2018 Opinion or Order Filing 1645 STATUS REPORT Receiver's Twenty-Fourth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 13, 2018 Opinion or Order Filing 1644 ORDER Setting Briefing Schedule re #1643 MOTION for Approval of Sale of 42-Acre Portion of Stead I Property : Any opposition to the motion shall be filed on or before September 14, 2018. Any reply is due on or before September 21, 2018. A hearing for the motion is set for October 5, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/13/18.(dlg)
August 13, 2018 Opinion or Order Filing 1643 MOTION for Approval of Sale of 42-Acre Portion of Stead I Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
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 13, 2018 Opinion or Order Filing 1641 ORDER #1626 Approving Sale of Tecate South 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 1639 NON Opposition re #1626 MOTION for (A) Approval of Sale of Tecate South Property and (B) Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for (A) Approval of Sale of Tecate South Property and (B) Authority to Pay Broker Commission filed by Thomas C. Hebrank. (Fates, Edward) (rmc).
July 30, 2018 Opinion or Order Filing 1638 NON Opposition re #1625 MOTION for (A) Approval of Sale of Twin Plant Property and (B) Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for (A) Approval of Sale of Twin Plant Property and (B) Authority to Pay Broker Commission filed by Thomas C. Hebrank. (Fates, Edward) (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, including 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 27, 2018 Opinion or Order Filing 1636 NON Opposition re #1625 MOTION for (A) Approval of Sale of Twin Plant Property and (B) Authority to Pay Broker Commission , #1626 MOTION for (A) Approval of Sale of Tecate South Property and (B) Authority to Pay Broker Commission filed by Securities and Exchange Commission. (Dean, Lynn) (rmc).
July 25, 2018 Opinion or Order Filing 1635 ORDER Setting Briefing Schedule re #1634 MOTION for Approval of Sale of Washoe IV Property and Authority to Pay Broker Commission : Any opposition to the motion shall be filed on or before August 21, 2018. Any reply is due on or before August 24, 2018. A hearing for the motion is set for August 31, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 7/24/18.(dlg)
July 24, 2018 Opinion or Order Filing 1634 MOTION for Approval of Sale of Washoe IV Property and Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
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)
July 13, 2018 Opinion or Order Filing 1632 NON Opposition re #1619 MOTION Twenty-Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1620 MOTION Twenty-Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
July 2, 2018 Opinion or Order Filing 1631 NON Opposition re #1616 MOTION for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbid Regarding Motion for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker Commission filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
July 2, 2018 Opinion or Order Filing 1630 NON Opposition re #1613 MOTION for (A) Approval of Sale of Washoe V Property and (B) Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for (A) Approval of Sale of Washoe V Property, and (B) Authority to Pay Broker Commission filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
June 29, 2018 Opinion or Order Filing 1629 ORDER of USCA as to #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. The unopposed motion to submit this case on the briefs is granted. (akr)
June 28, 2018 Opinion or Order Filing 1628 NON Opposition re #1616 MOTION for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
June 27, 2018 Opinion or Order Filing 1627 ORDER Setting Briefing Schedule re #1625 and #1626 : Any opposition to the motions shall be filed on or before July 27, 2018. Any reply is due on or before August 3, 2018. A hearing for the motions is set for August 17, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/27/18.(dlg)
June 27, 2018 Opinion or Order Filing 1626 MOTION for (A) Approval of Sale of Tecate South Property and (B) Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
June 27, 2018 Opinion or Order Filing 1625 MOTION for (A) Approval of Sale of Twin Plant Property and (B) Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
June 21, 2018 Opinion or Order Filing 1624 NON Opposition re #1613 MOTION for (A) Approval of Sale of Washoe V Property and (B) Authority to Pay Broker Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
June 18, 2018 Opinion or Order Filing 1623 ORDER Setting Briefing Schedule re #1619 and #1620 : Any opposition to the motions shall be filed on or before July 13, 2018. Any reply is due on or before July 27, 2018. A hearing for the motion is set for August 10, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/18/18.(dlg)
June 15, 2018 Opinion or Order Filing 1622 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1619 MOTION Twenty-Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1620 MOTION Twenty-Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1621 Notice (Other), (Fates, Edward) (dlg).
June 15, 2018 Opinion or Order Filing 1621 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1619 MOTION Twenty-Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1620 MOTION Twenty-Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
June 15, 2018 Opinion or Order Filing 1620 MOTION Twenty-Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward)
June 15, 2018 Opinion or Order Filing 1619 MOTION Twenty-Third Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
June 4, 2018 Opinion or Order Filing 1618 NOTICE Receiver's Notice of Errata Re Motion for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker's Commission by Thomas C. Hebrank re #1616 MOTION for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker Commission (Fates, Edward) QC email, attorney should withdraw incorrect filing and refile properly (dlg). Modified on 6/5/2018 per DJ Chambers, okay to accept and not withdraw and refile (dlg).
June 1, 2018 Opinion or Order Filing 1617 ORDER Setting Briefing Schedule re #1616 MOTION for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker Commission : Any opposition to the motion shall be filed on or before June 29, 2018. Any reply is due on or before July 6, 2018. A hearing for the motion is set for August 3, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/31/18.(dlg)
May 31, 2018 Opinion or Order Filing 1616 MOTION for (A) Approval of Sale of Las Vegas 2 Property and (B) Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
May 18, 2018 Opinion or Order Filing 1615 ORDER Setting Briefing Schedule re #1613 MOTION for (A) Approval of Sale of Washoe V Property and (B) Authority to Pay Broker Commission : Any opposition to the motion shall be filed on or before 6/22/2018. Any reply is due on or before 6/29/2018. A hearing for the motion is set for 7/20/2018 at 1:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 5/18/2018.(jdt)
May 18, 2018 Opinion or Order Filing 1614 ORDER Approving #1601 Sale of International Property and Authority to Pay Brokers Commission. Signed by Judge Gonzalo P. Curiel on 5/18/2018. (jdt)
May 18, 2018 Opinion or Order Filing 1613 MOTION for (A) Approval of Sale of Washoe V Property and (B) Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (jdt).
May 18, 2018 Opinion or Order Filing 1612 NON Opposition re #1601 MOTION (A) Approval of Sale of International Property and (B) Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids to Motion for Approval of Sale of International Property filed by Thomas C. Hebrank. (Fates, Edward) (jdt).
May 15, 2018 Opinion or Order Filing 1611 STATUS REPORT Receiver's Twenty-Third Interim Report by Thomas C. Hebrank. (Fates, Edward) (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)
April 30, 2018 Opinion or Order Filing 1609 ORDER Granting #1596 Receiver's Twenty-Second Interim Fee Application ; and Granting #1597 Allen Matkins' Twenty-Second Interim Fee Application. Signed by Judge Gonzalo P. Curiel on 4/30/18. (dlg)
April 30, 2018 Opinion or Order Filing 1608 ORDER Granting #1592 Sale of Dayton II Property and Authority Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 4/30/18. (dlg)
April 27, 2018 Opinion or Order Filing 1607 NON Opposition re #1601 MOTION (A) Approval of Sale of International Property and (B) Authority to Pay Broker Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
April 11, 2018 Opinion or Order Filing 1606 NON Opposition re #1596 MOTION Twenty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1597 MOTION Twenty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
April 11, 2018 Opinion or Order Filing 1605 NON Opposition re #1592 MOTION for (A) Approval of Sale of Dayton II Property and (B) Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids Regarding Receiver's Motion for Approval of Sale of Dayton II Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
April 5, 2018 Opinion or Order Filing 1604 NON Opposition re #1594 MOTION for Authority to Make Interim Distributions to Holders of Allowed Claims filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
April 5, 2018 Opinion or Order Filing 1603 NON Opposition re #1592 MOTION for (A) Approval of Sale of Dayton II Property and (B) Authority to Pay Broker Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
April 3, 2018 Opinion or Order Filing 1602 ORDER Setting Briefing Schedule re #1601 MOTION (A) Approval of Sale of International Property and (B) Authority to Pay Broker Commission : Any opposition to the motion shall be filed on or before April 27, 2018. Any reply is due on or before May 11, 2018. A hearing for the motion is set for May 25, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/3/18.(dlg)
April 2, 2018 Opinion or Order Filing 1601 MOTION (A) Approval of Sale of International Property and (B) Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Fates, Edward) (dlg).
March 22, 2018 Opinion or Order Filing 1600 ORDER Setting Briefing Schedule re #1596 MOTION Twenty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1597 MOTION Twenty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver : Any opposition to either motion shall be filed on or before April 13, 2018. Any reply is due on or before April 20, 2018. A hearing for the motion is set for May 4, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/22/18.(dlg)
March 21, 2018 Opinion or Order Filing 1599 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1598 Notice (Other), #1596 MOTION Twenty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1597 MOTION Twenty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
March 21, 2018 Opinion or Order Filing 1598 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1596 MOTION Twenty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1597 MOTION Twenty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) M (dlg).
March 21, 2018 Opinion or Order Filing 1597 MOTION Twenty-Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 21, 2018 Opinion or Order Filing 1596 MOTION Twenty-Second Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 13, 2018 Opinion or Order Filing 1595 ORDER Setting Briefing Schedule re #1594 MOTION for Authority to Make Interim Distributions to Holders of Allowed Claims : Any opposition to the motion shall be filed on or before April 6, 2018. Any reply is due on or before April 20, 2018. A hearing for the motion is set for May 4, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/13/18.(dlg)
March 9, 2018 Opinion or Order Filing 1594 MOTION for Authority to Make Interim Distributions to Holders of Allowed Claims by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
March 8, 2018 Opinion or Order Filing 1593 ORDER Setting Briefing Schedule re #1592 MOTION for (A) Approval of Sale of Dayton II Property and (B) Authority to Pay Broker Commission : Any opposition to the motion shall be filed on or before April 6, 2018. Any reply is due on or before April 20, 2018. A hearing for the motion is set for May 4, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/8/18.(dlg)
March 7, 2018 Opinion or Order Filing 1592 MOTION for (A) Approval of Sale of Dayton II Property and (B) Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (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)
February 9, 2018 Opinion or Order Filing 1590 Minute Order. for proceedings held before Judge Gonzalo P. Curiel:Motion Hearing held on 2/9/2018 ; re #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities - Submitted. Court to issue written Order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Lynn Dean).(Defendant Attorney N/A).(Edward Fates (Receiver); Joseph De Assis (Investor); Jeffrey Compangano (appearing by phone)(Investor) ). (no document attached) (ksr)
February 7, 2018 Opinion or Order Filing 1589 ORDER Granting #1571 Motion Authorizing and Ratifying Transfers of General Partnership Properties. Signed by Judge Gonzalo P. Curiel on 2/7/18. (dlg)
February 2, 2018 Opinion or Order Filing 1588 REPLY - Other re #1569 Order Setting Briefing Schedule,,, Set Deadlines/Hearings,, Receiver's Reply to Letters Filed in Response to the Court's Order Setting Briefing Schedule as to Disputed Investor Claim Amounts filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 31, 2018 Opinion or Order Filing 1587 Letter to the Court from Sheri Gracelyn (dlg)
January 29, 2018 Opinion or Order Filing 1586 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1584 Order,, Set Motion and R&R Deadlines/Hearings, (Fates, Edward) (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 26, 2018 Opinion or Order Filing 1584 ORDER Rescheduling Hearing as to #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities. The Court reschedules that hearing for the same day, February 9, 2018, but at 1:00 p.m. PST in Courtroom 2D. Any investor appearing telephonically shall call the conference line no later than 12:55 p.m. PST. Signed by Judge Gonzalo P. Curiel on 1/26/18.(dlg)
January 25, 2018 Opinion or Order Filing 1583 Minute ORDER, (Resetting hearing time only) as to #1571 MOTION for Amended Order Authorizing and Ratifying Transfers of General Partnership Properties, #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities.( Motion Hearing RESET TO 2/9/2018 01:00 PM before Judge Gonzalo P. Curiel.)(no document attached) (ksr)
January 24, 2018 Opinion or Order Filing 1582 STATUS REPORT Receiver's Twenty-Second Interim Report by Thomas C. Hebrank. (Fates, Edward) (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)
January 18, 2018 Opinion or Order Filing 1580 Letter from from Investors Joseph F. and Carmen M. De Assis (dlg)
January 17, 2018 Opinion or Order Filing 1579 Letter from Sheri Gracelyn re Order Setting Briefing Schedule as to Disputed Investor Claim Amounts ECF #1545 (dlg)
January 11, 2018 Opinion or Order Filing 1578 NON Opposition re #1558 MOTION Twenty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1560 MOTION Eighth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1559 MOTION Twenty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
January 10, 2018 Opinion or Order Filing 1577 Abstract of Judgment by Securities and Exchange Commission, entered against Louis V. Schooler re $147,610,280 (dlg)
January 10, 2018 Opinion or Order Filing 1576 PRAECIPE for Abstract of Judgment as to Louis V. Schooler, by Securities and Exchange Commission (dlg)
January 10, 2018 Opinion or Order Filing 1575 Abstract of Judgment by Securities and Exchange Commission, entered against Louis V. Schooler re $,105,000 (dlg)
January 10, 2018 Opinion or Order Filing 1574 PRAECIPE for Abstract of Judgment as to Louis V. Schooler, by Securities and Exchange Commission (dlg)
January 8, 2018 Opinion or Order Filing 1573 ORDER Setting Briefing Schedule re #1571 MOTION for Amended Order Authorizing and Ratifying Transfers of General Partnership Properties : Any opposition to the motion shall be filed on or before January 19, 2018. Any reply is due on or before January 26, 2018. A hearing for the motion is set for February 9, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/8/18.(dlg)
January 8, 2018 Opinion or Order Filing 1572 PRAECIPE for Abstract of Judgment as to Louis V. Schooler dba LinMar III, LLC, by Securities and Exchange Commission re #1190 Judgment (Schultze, Carol) spoke to attorney to submit praecipe, abstract and filing fee in person (dlg).
January 5, 2018 Opinion or Order Filing 1571 MOTION for Amended Order Authorizing and Ratifying Transfers of General Partnership Properties by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
December 18, 2017 Opinion or Order Filing 1570 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1569 Order Setting Briefing Schedule,,, Set Deadlines/Hearings,, (Fates, Edward) (dlg).
December 15, 2017 Opinion or Order Filing 1569 ORDER Setting Briefing Schedule re #1545 MOTION for Order (A). On or before February 2, 2018, the Receiver shall file a response to each investor's letter. The Court will hold a hearing in Courtroom 2D in the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, San Diego, CA, 92101, at 1:30 p.m. Pacific Standard Time on February 9, 2018. The Receiver is instructed to serve a copy of this order on the six investors listed above, and file with the Court proof of such service no later than December 20, 2017. Signed by Judge Gonzalo P. Curiel on 12/15/17.(dlg)
December 15, 2017 Opinion or Order Filing 1568 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 12/15/2017 re #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities filed by Thomas C. Hebrank; Court to issue Scheduling Order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Sara Kalin). (Ted Fates (Receiver)).(no document attached) (ksr)
December 11, 2017 Opinion or Order Filing 1567 Minute Order as to #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities. A hearing for this motion is set for December 15, 2017 at 1:30pm in Courtroom 2D before Judge Gonzalo P. Curiel(no document attached) (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)
December 11, 2017 Opinion or Order Filing 1565 ORDER Granting in Part #1545 Receiver's Motion. Signed by Judge Gonzalo P. Curiel on 12/11/17. (dlg)
December 11, 2017 Opinion or Order Filing 1564 STATUS REPORT Recommendation Regarding Engagement of Real Estate Brokers for Dayton II, Dayton III, Silver Springs South, Stead, and Washoe IV Properties by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 11, 2017 Opinion or Order Filing 1563 ORDER Setting Briefing Schedule re #1558 MOTION Twenty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1559 MOTION Twenty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1560 MOTION Eighth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver : Responses due by 1/12/2018 Replies due by 1/19/2018. Signed by Judge Gonzalo P. Curiel on 12/11/17.(dlg)
December 8, 2017 Opinion or Order Filing 1562 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1558 MOTION Twenty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1561 Notice (Other),, #1560 MOTION Eighth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1559 MOTION Twenty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
December 8, 2017 Opinion or Order Filing 1561 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1558 MOTION Twenty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1560 MOTION Eighth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1559 MOTION Twenty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
December 8, 2017 Opinion or Order Filing 1560 MOTION Eighth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 8, 2017 Opinion or Order Filing 1559 MOTION Twenty-First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 8, 2017 Opinion or Order Filing 1558 MOTION Twenty-First Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 8, 2017 Opinion or Order Filing 1557 REPLY - Other re #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities, #1556 Letter Receiver's Reply to Opposition of John and Mary Jenkins to Receiver's Motion for Order: (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 5, 2017 Opinion or Order Filing 1556 Letter from Mary and John Jenkins. Nunc pro tunc 12/4/17 (dlg) (Main Document 1556 replaced on 12/15/2017) Modified on 12/15/2017 to replace document with redacted addresses per dj chambers (dlg).
December 5, 2017 Opinion or Order Filing 1555 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter in Response. Non-compliance with local rule(s), OTHER: LR Cv 83.9 - Ex parte communication is prohibited. Nunc Pro Tunc 12/4/17. Signed by Judge Gonzalo P. Curiel on 12/5/17.(discrepancy served via U.S. Mail Service to filers)(dlg)
December 5, 2017 Opinion or Order Filing 1554 NON Opposition re #1550 MOTION for Approval of Sale of Dayton IV Property Notice of Non-Receipt of Qualified Overbids Regarding Receiver's Motion for Approval of Sale of Dayton IV Property filed by Thomas C. Hebrank. (Fates, Edward) (ajs).
December 1, 2017 Opinion or Order Filing 1553 NON Opposition re #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
November 16, 2017 Opinion or Order Filing 1552 ORDER of USCA as to #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. The USCA has reviewed the USDC's November 1, 2017 order (1) holding that Louis V. Schooler should be considered deceased for purposes of this litigation; and, (2) substituting E. Andrew Schooler, in his capacity as the representative of the estate of Louis V. Schooler, in the place of Louis V. Schooler for purposes of this litigation. Accordingly, the January 27, 2017 order to show cause is discharged, proceedings in the USCA are no longer held in abeyance, and briefing can continue. The Clerk shall substitute E. Andrew Schooler, in his capacity as the representative of the estate of Louis V. Schooler, in the place of Louis V. Schooler for purposes of this appeal. Briefing schedule issued. (akr)
November 9, 2017 Opinion or Order Filing 1551 ORDER Setting Briefing Schedule re #1550 MOTION for Approval of Sale of Dayton IV Property : Any opposition to the motion shall be filed on or before November 24, 2017. Any reply is due on or before December 1, 2017. A hearing for the motion is set for December 15, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 11/9/17.(dlg)
November 9, 2017 Opinion or Order Filing 1550 MOTION for Approval of Sale of Dayton IV Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
November 8, 2017 Opinion or Order Filing 1549 STATUS REPORT Receiver's Twenty-First Interim Report by Thomas C. Hebrank. (Fates, Edward) (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)
November 6, 2017 Opinion or Order Filing 1547 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1546 Order Setting Briefing Schedule, (Fates, Edward) (mpl).
November 6, 2017 Opinion or Order Filing 1546 ORDER Setting Briefing Schedule re #1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities : Any opposition shall be filed on or before December 1, 2017. Any reply is due on or before December 8, 2017. A hearing for the motion is set for December 15, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 11/6/17.(dlg)
November 2, 2017 Opinion or Order Filing 1545 MOTION for Order (A) Resolving Disputed Claims; (B) Approving Proposed Allowed Claim Amounts; and (C) Authorizing Dissolution of General Partnerships and Related Entities by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
November 1, 2017 Opinion or Order Filing 1544 ORDER in Response to Ninth Circuit's Limited Remand. Because the San Diego Superior Court has appointed E. Andrew Schooler as the personal representative of the estate of Louis V. Schooler, the Court substitutes E. Andrew Schooler, in his capacity as the representative of the estate of Louis V. Schooler, in the place of Defendant Louis V. Schooler for purposes of this litigation. The Clerk of Court is respectfully requested to send a copy of this order to the Ninth Circuit as a "Notice of Docket Activity". Signed by Judge Gonzalo P. Curiel on 11/1/17. (USCA Case Number 16-55167. Order electronically transmitted to the US Court of Appeals.) (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 30, 2017 Opinion or Order Filing 1542 Letter from Mary and John Jenkins. Nunc pro tunc 10/27/17 (dlg)
October 30, 2017 Opinion or Order Filing 1541 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex Parte Letter. Non-compliance with local rule(s), OTHER: LR Cv 83.9 Ex Parte Communication is prohibited. Nunc Pro Tunc 10/27/17. Signed by Judge Gonzalo P. Curiel on 10/30/17.(dlg)
October 26, 2017 Opinion or Order Filing 1540 Minute ORDER, re #1522 MOTION Twentieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver - Submitted, #1523 MOTION Seventh Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver - Submitted, #1527 MOTION for Approval of Sale of Silver State Partners Property and Authority to Pay Broker's Commission - Submitted, #1521 MOTION Twentieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver - Submitted. Motion hearing set for 10/27/17 - Vacated. (no document attached) (ksr)
October 24, 2017 Opinion or Order Filing 1539 NON Opposition re #1527 MOTION for Approval of Sale of Silver State Partners Property and Authority to Pay Broker's Commission Notice of Non-Receipt of Qualified Overbids filed by Thomas C. Hebrank. (Fates, Edward) (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)
October 19, 2017 Opinion or Order Filing 1536 ORDER Granting #1513 Sale of Park Vegas Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 10/19/17. (dlg)
October 18, 2017 Opinion or Order Filing 1535 NON Opposition re #1517 MOTION for Approval of Sale of Production Partners Property and Authority to Pay Broker's Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Production Partners Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 13, 2017 Opinion or Order Filing 1534 NON Opposition re #1527 MOTION for Approval of Sale of Silver State Partners Property and Authority to Pay Broker's Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 13, 2017 Opinion or Order Filing 1533 NON Opposition re #1522 MOTION Twentieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1523 MOTION Seventh Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1521 MOTION Twentieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 12, 2017 Opinion or Order Filing 1532 NON Opposition re #1515 MOTION for Approval of Sale of Washoe V Property Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Washoe V Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 5, 2017 Opinion or Order Filing 1531 NON Opposition re #1517 MOTION for Approval of Sale of Production Partners Property and Authority to Pay Broker's Commission filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 4, 2017 Opinion or Order Filing 1530 NON Opposition re #1513 MOTION for Approval of Sale of Park Vegas Property and Authority to Pay Broker Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Park Vegas Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 29, 2017 Opinion or Order Filing 1529 NON Opposition re #1515 MOTION for Approval of Sale of Washoe V Property filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
September 28, 2017 Opinion or Order Filing 1528 ORDER Setting Briefing Schedule re #1527 MOTION for Approval of Sale of Silver State Partners Property and Authority to Pay Broker's Commission : Any opposition to the motion shall be filed on or before October 13, 2017. Any reply is due on or before October 20, 2017. A hearing for the motion is set for October 27, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/28/17.(dlg)
September 28, 2017 Opinion or Order Filing 1527 MOTION for Approval of Sale of Silver State Partners Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
September 25, 2017 Opinion or Order Filing 1526 ORDER Setting Briefing Schedule re #1521 MOTION Twentieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1522 MOTION Twentieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1523 MOTION Seventh Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver : Any opposition to the motions be filed on or before October 13, 2017. Any reply is due on or before October 20, 2017. A hearing for the motion is set for October 27, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/25/17.(dlg)
September 25, 2017 Opinion or Order Filing 1525 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1522 MOTION Twentieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1523 MOTION Seventh Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1524 Notice (Other),, #1521 MOTION Twentieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
September 25, 2017 Opinion or Order Filing 1524 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1522 MOTION Twentieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1523 MOTION Seventh Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1521 MOTION Twentieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
September 25, 2017 Opinion or Order Filing 1523 MOTION Seventh Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 25, 2017 Opinion or Order Filing 1522 MOTION Twentieth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 25, 2017 Opinion or Order Filing 1521 MOTION Twentieth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (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 20, 2017 Opinion or Order Filing 1519 ORDER Setting Briefing Schedule re #1517 MOTION for Approval of Sale of Production Partners Property and Authority to Pay Broker's Commission . Any opposition to the motion shall be filed on or before 10/6/2017. Any reply is due on or before 10/13/2017. A hearing for the motion is set for 10/27/2017 at 1:30pm in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 09/20/2017.(ajs)
September 20, 2017 Opinion or Order Filing 1518 NON Opposition re #1508 MOTION for Approval of Sale of Silver Springs North Property Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Silver Springs North Property filed by Thomas C. Hebrank. (Fates, Edward) (ajs).
September 19, 2017 Opinion or Order Filing 1517 MOTION for Approval of Sale of Production Partners Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (ajs).
September 14, 2017 Opinion or Order Filing 1516 ORDER Setting Briefing Schedule re #1515 MOTION for Approval of Sale of Washoe V Property : Any opposition to the motion shall be filed on or before September 29, 2017. Any reply is due on or before October 6, 2017. A hearing for the motion is set for October 20, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/13/17.(dlg)
September 13, 2017 Opinion or Order Filing 1515 MOTION for Approval of Sale of Washoe V Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
September 11, 2017 Opinion or Order Filing 1514 ORDER Setting Briefing Schedule re #1513 MOTION for Approval of Sale of Park Vegas Property and Authority to Pay Broker Commission : Any opposition to the motion shall be filed on or before September 22, 2017. Any reply is due on or before September 29, 2017. A hearing for the motion is set for October 20, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/11/17.(dlg)
September 8, 2017 Opinion or Order Filing 1513 MOTION for Approval of Sale of Park Vegas Property and Authority to Pay Broker Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
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)
September 5, 2017 Opinion or Order Filing 1510 NON Opposition re #1506 MOTION for Approval of Sale of LV Kade Property and Authority to Pay Broker's Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of LV Kade Property and Authority to Pay Broker's Commission filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 29, 2017 Opinion or Order Filing 1509 ORDER Setting Briefing Schedule re #1508 MOTION for Approval of Sale of Silver Springs North Property : Any opposition to the motion be filed on or before September 8, 2017. Any reply is due on or before September 15, 2017. A hearing for the motion is set for October 20, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/29/17.(dlg)
August 25, 2017 Opinion or Order Filing 1508 MOTION for Approval of Sale of Silver Springs North Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward)
August 22, 2017 Opinion or Order Filing 1507 ORDER Setting Briefing Schedule re #1506 MOTION for Approval of Sale of LV Kade Property and Authority to Pay Broker's Commission : Any opposition to the motion be filed on or before September 1, 2017. Any reply is due on or before September 8, 2017. A hearing for the motion is set for October 20, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/22/17.(dlg)
August 18, 2017 Opinion or Order Filing 1506 MOTION for Approval of Sale of LV Kade Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
August 9, 2017 Opinion or Order Filing 1505 STATUS REPORT Receiver's Twentieth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 7, 2017 Opinion or Order Filing 1504 Mail Returned as Undeliverable re #1495 Order. Mail sent to Louis V. Schooler. (jjg)
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)
August 4, 2017 Opinion or Order Filing 1502 ORDER Denying #1472 Receiver's Motion for Order Confirming E.B.S. Lang Co. is Included Within the Receivership; and Granting Request to Appoint Receiver as Elisor to Reconvey Title from E.B.S. Land Co. to Receivership. Signed by Judge Gonzalo P. Curiel on 8/4/17. (dlg)
August 4, 2017 Opinion or Order Filing 1501 ORDER Granting #1480 Sale of Bratton View Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 8/4/17. (dlg)
August 1, 2017 Opinion or Order Filing 1500 Mail Returned as Undeliverable re #1484 Order. Mail sent to Louis V. Schooler. (dlg)
August 1, 2017 Opinion or Order Filing 1499 Minute ORDER, re #1489 MOTION Nineteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver - Submitted, #1490 MOTION Nineteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver - Submitted, #1480 MOTION for Approval of Sale of Bratton View Property and Authority to Pay Broker's Commission - Submitted. Motion Hearing date set for 8/4/17 at 1:30 pm - Vacated. (no document attached) (ksr)
July 14, 2017 Opinion or Order Filing 1498 Response re E. Andrew Schooler's Response to Request for Briefing Regarding (1) Suggestion of Schooler's Death and (2) Substitution of Party by E. Andrew Schooler re #1495 Order, (Attachments: #1 Exhibit A-B, #2 Certificate of Service)(Vess, Bryan)Attorney Bryan Charles Vess added to party E. Andrew Schooler(pty:ip) Modified on 7/17/2017 to reflect document (dlg).
July 14, 2017 Opinion or Order Filing 1497 SUPPLEMENTAL BRIEFING by Plaintiff Securities and Exchange Commission re #1495 Order, (1) Suggestion of Schooler's Death; and (2) Substitution of Party. (Attachments: #1 Declaration of Carol E. Schultze in Support of Plaintiff's Supplemental Brief)(Dean, Lynn) (dlg).
July 7, 2017 Opinion or Order Filing 1496 NON Opposition re #1489 MOTION Nineteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1490 MOTION Nineteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver filed by Securities and Exchange Commission. (Kalin, Sara) (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 29, 2017 Opinion or Order Filing 1494 ORDER Setting Briefing Schedule re #1489 MOTION Nineteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1490 MOTION Nineteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver : Responses due by 7/14/2017, Replies due by 7/28/2017. Motion Hearing set for 8/4/2017 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 6/29/2017.(acc)
June 27, 2017 Opinion or Order Filing 1493 Notice of Receipt of Qualified Overbid and Results of Auction for Sale of Bratton View Property, NON Opposition re #1480 MOTION for Approval of Sale of Bratton View Property and Authority to Pay Broker's Commission Notice of Receipt of Qualified Overbid and Results of Auction for Sale of Bratton View Property filed by Thomas C. Hebrank. (Fates, Edward) Incorrect event selected. Edited docket text (dlg).
June 27, 2017 Opinion or Order Filing 1492 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1489 MOTION Nineteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1490 MOTION Nineteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1491 Notice (Other), (Fates, Edward) (dlg).
June 27, 2017 Opinion or Order Filing 1491 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1489 MOTION Nineteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1490 MOTION Nineteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
June 27, 2017 Opinion or Order Filing 1490 MOTION Nineteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
June 27, 2017 Opinion or Order Filing 1489 MOTION Nineteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
June 20, 2017 Opinion or Order Filing 1488 RESPONSE in Support re #1472 MOTION for Order Confirming EBS Land Company is Included in the Receivership SEC's Memorandum of Points and Authorities In Support of the Receiver's Motion for Order Confirming EBS Land Company Is Included in the Receivership filed by Securities and Exchange Commission. (Dean, Lynn) (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)
June 14, 2017 Opinion or Order Filing 1486 ORDER Granting #1475 Sale of Valley Vista Property and Authority to Pay Broker's Commission. Signed by Judge Gonzalo P. Curiel on 6/14/17. (dlg)
June 14, 2017 Opinion or Order Filing 1485 ORDER Authorizing #1454 Receiver to Pursue Claims to Quiet Title to Santa Fe Property. Signed by Judge Gonzalo P. Curiel on 6/14/17. (dlg)
June 14, 2017 Opinion or Order Filing 1484 ORDER Directing SEC to Weigh in On Receiver's Motion to Confirm E.B.S. Land Company is Included in the Receivership. The SEC shall file a response by the close of business on Wednesday, June 21, 2017. Any opposition to E.B.S. Land Co. being included in the Receivership estate shall also be filed by the close of business on Wednesday, June 21, 2017. The Court directs the Clerk to send a copy of this Order to E.B.S. Land Co.'s Principal Executive Office, as listed on the Statement of Information filed with the California Secretary of State; to Schooler's address as listed on the Statement of Information; and to counsel representing Schooler on appeal in the 9th Circuit. Signed by Judge Gonzalo P. Curiel on 6/14/17.(All requested parties served via U.S. Mail Service)(dlg)
June 7, 2017 Opinion or Order Filing 1483 Minute Order by Judge Gonzalo P. Curiel: Submitting, #1475 MOTION for Approval of Sale of Valley Vista Property and Authority to Pay Broker's Commission. Motion Hearing set for 6/9/2017 1:30 PM before Judge Gonzalo P. Curiel is vacated. Written order to follow. (no document attached) (gac)
June 1, 2017 Opinion or Order Filing 1482 Notice of Non-Receipt of Qualified Overbids re #1475 MOTION for Approval of Sale of Valley Vista Property and Authority to Pay Broker's Commission Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Valley Vista Property filed by Thomas C. Hebrank. (Fates, Edward) edited docket text to reflect document (dlg).
June 1, 2017 Opinion or Order Filing 1481 ORDER Setting Briefing Schedule re #1480 MOTION for Approval of Sale of Bratton View Property and Authority to Pay Broker's Commission : Any opposition to the motion be filed on or before July 7, 2017. Any reply is due on or before July 21, 2017. A hearing for the motion is set for August 4, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/1/17.(dlg)
May 25, 2017 Opinion or Order Filing 1480 MOTION for Approval of Sale of Bratton View Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward)
May 22, 2017 Opinion or Order Filing 1479 Minute ORDER, re #1472 MOTION for Order Confirming EBS Land Company is Included in the Receivership - Submitted. Motion hearing set for 5/26/17 Vacated.(no document attached) (ksr)
May 19, 2017 Opinion or Order Filing 1478 STATUS REPORT Receiver's Nineteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
May 18, 2017 Opinion or Order Filing 1477 Minute ORDER, re #1457 MOTION Receiver's Motion for Order Directing Glen Oaks Escrow to Release Deposit from Cancelled Sale of Freetrade Property to Receiver - Submitted. re #1464 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank - Submitted. re #1465 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver Thomas C. Hebrank - Submitted. Motion hearing set for 5/19/17 at 1:30 pm - Vacated. (no document attached) (ksr)
May 5, 2017 Opinion or Order Filing 1476 ORDER Setting Briefing Schedule re #1475 MOTION for Approval of Sale of Valley Vista Property and Authority to Pay Broker's Commission : Any opposition to the motion be filed on or before May 19, 2017. Any reply is due on or before June 2, 2017. A hearing for the motion is set for June 9, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/5/17.(dlg)
May 4, 2017 Opinion or Order Filing 1475 MOTION for Approval of Sale of Valley Vista Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
May 4, 2017 Opinion or Order Filing 1474 Minute ORDER, re #1454 MOTION for Authority to Pursue Claims to Quiet Title to Santa Fe Property - Submitted. Motion Hearing set for 5/5/17 at 1:30 pm - Vacated. (no document attached) (ksr)
April 25, 2017 Opinion or Order Filing 1473 ORDER Setting Briefing Schedule re #1472 MOTION for Order Confirming EBS Land Company is Included in the Receivership : Responses due by 5/12/2017 and Replies due by 5/19/2017. Signed by Judge Gonzalo P. Curiel on 4/25/2017. (fth)
April 19, 2017 Opinion or Order Filing 1472 MOTION for Order Confirming EBS Land Company is Included in the Receivership by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Herbrank, #3 Proof of Service)(Fates, Edward)
April 19, 2017 Opinion or Order Filing 1471 ORDER of USCA as to #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. We have reviewed the responses to the USCA's January 27, 2017 order to show cause why this case should not be dismissed under FRCP 25(a)(1) as appellant's counsel had filed a formal suggestion of appellant's death. We remand for the limited purpose of allowing the USDC to determine whether appellant should be considered deceased for purposes of this litigation and, if so, whether there exists a personal representative of appellant, or other appropriate person, who may be substituted for appellant. Proceedings in this appeal are stayed. (akr)
April 18, 2017 Opinion or Order Filing 1470 ORDER Setting Briefing Schedule re #1465 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver Thomas C. Hebrank , #1464 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank : Any opposition to the motion be filed on or before April 5, 2017. Any reply is due on or before May 12, 2017. A hearing for the motion is set for May 19, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/18/17.(dlg)
April 13, 2017 Opinion or Order Filing 1469 Minute ORDER re #1446 MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission filed by Thomas C. Hebrank; Motion Hearing set for 4/14/17 - Vacated. (no document attached) (ksr)
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 12, 2017 Opinion or Order Filing 1467 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1466 Notice (Other),, #1465 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver Thomas C. Hebrank , #1464 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank (Fates, Edward) (dlg).
April 12, 2017 Opinion or Order Filing 1466 NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and His Professionals by Thomas C. Hebrank re #1465 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver Thomas C. Hebrank , #1464 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank (Fates, Edward) (dlg).
April 12, 2017 Opinion or Order Filing 1465 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver Thomas C. Hebrank by Thomas C. Hebrank. (Fates, Edward) (dlg).
April 12, 2017 Opinion or Order Filing 1464 MOTION Eighteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank by Thomas C. Hebrank. (Fates, Edward) (dlg).
April 12, 2017 Opinion or Order Filing 1463 ORDER Granting #1443 Motion for Sale of Reno Partners' Property. Signed by Judge Gonzalo P. Curiel on 4/12/17. (dlg)
April 11, 2017 Opinion or Order Filing 1462 Supplemental Brief Supplemental Brief in Support of Receiver's Motion for QC email, incorrect event selected. Termed motion and edited docket text (dlg).
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)
April 10, 2017 Opinion or Order Filing 1460 ORDER Granting Allen Matkins' Seventeenth Interim Fee Application #1434 . Having been satisfied that Counsel to Receiver cured the defects in its Seventeenth Interim Fee Application, ECF No. 1434, identified by the Court in its order denying the Seventeenth Interim Fee Application, ECF No. 1448, the Court Grants Allen Matkins' Seventeenth Interim Fee Application, ECF No. 1434. Signed by Judge Gonzalo P. Curiel on 4/10/17.(dlg)
April 10, 2017 Opinion or Order Filing 1459 ORDER Setting Briefing Schedule re #1457 MOTION Receiver's Motion for Order Directing Glen Oaks Escrow to Release Deposit from Cancelled Sale of Freetrade Property to Receiver re #1446 MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Comm : Any opposition to the motion be filed on or before April 28, 2017. Any reply is due on or before May 5, 2017. A hearing for the motion is set for May 19, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/10/17.(dlg)
April 7, 2017 Opinion or Order Filing 1458 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1457 MOTION Receiver's Motion for Order Directing Glen Oaks Escrow to Release Deposit from Cancelled Sale of Freetrade Property to Receiver re #1446 MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Comm (Fates, Edward)
April 6, 2017 Opinion or Order Filing 1457 MOTION Receiver's Motion for Order Directing Glen Oaks Escrow to Release Deposit from Cancelled Sale of Freetrade Property to Receiver re #1446 MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward)
April 6, 2017 Opinion or Order Filing 1456 ORDER Setting Briefing Schedule re #1454 MOTION for Authority to Pursue Claims to Quiet Title to Santa Fe Property : Any opposition to the motion be filed on or before April 14, 2017. Any reply is due on or before April 28, 2017. A hearing for the motion is set for May 5, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/6/17.(dlg)
April 5, 2017 Opinion or Order Filing 1455 NOTICE of Change of Address by Edward G Fates (Fates, Edward) (dlg).
April 4, 2017 Opinion or Order Filing 1454 MOTION for Authority to Pursue Claims to Quiet Title to Santa Fe Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
March 30, 2017 Opinion or Order Filing 1453 ORDER of USCA as to #1367 Notice of Appeal to 9th Circuit, filed by Ardizzone M Joseph, #1311 Notice of Appeal to 9th Circuit, filed by Susan Graham. Appellants' motion to voluntarily dismiss appeal Nos. 16-55850 and 16-56362 is granted. Costs shall be allocated pursuant to the stipulation. A copy of this order sent to the USDC shall act as and for the mandate of the USCA. (akr)
March 28, 2017 Opinion or Order Filing 1452 NON Opposition re #1443 MOTION for Approval of Sale of Reno Partners' Property Notice of Non-Receipt of Qualified Overbids Regarding Motion for Approval of Sale of Reno Partners Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 28, 2017 Opinion or Order Filing 1451 NOTICE OF WITHDRAWAL OF DOCUMENT by Thomas C. Hebrank re #1446 MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission filed by Thomas C. Hebrank . (Fates, Edward) (dlg).
March 20, 2017 Opinion or Order Filing 1450 SUPPLEMENTAL BRIEFING by Receiver Thomas C. Hebrank re #1448 Order on Motion for Miscellaneous Relief,,, Supplemental Brief Regarding Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proof of Service)(Fates, Edward) (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)
March 14, 2017 Opinion or Order Filing 1448 ORDER Granting Receiver's Seventeenth #1433 Interim Fee Application ; Denying #1434 Allen Matkins' Seventeenth Interim Fee Application; Approving #1422 Receiver's Seventeenth Status Report; and Vacating Hearing Date. Allen Matkins' Seventeenth Interim Fee Application, ECF No. 1434, is denied. The Court directs Counsel to Receiver to file supplemental briefing. Signed by Judge Gonzalo P. Curiel on 3/14/17. (dlg)
March 13, 2017 Opinion or Order Filing 1447 ORDER Setting Briefing Schedule re #1446 MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission : Any opposition to the motions be filed on or before March 27, 2017. Any reply is due on or before April 3, 2017. A hearing for the motion is set for April 14, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/13/17.(dlg)
March 10, 2017 Opinion or Order Filing 1446 *** WITHDRAWN PER ECF 1451 *** MOTION for Approval of Freetrade/Suntec/Via 188 Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg). Modified on 3/29/2017 (dlg).
March 2, 2017 Opinion or Order Filing 1445 ORDER of USCA as to #1367 Notice of Appeal to 9th Circuit, filed by Ardizzone M Joseph, #1311 Notice of Appeal to 9th Circuit, filed by Susan Graham. The motion to consolidate appeal Nos. 16-55850 and 16-56362 is granted. These appeals are consolidated. The motion to dismiss part of appeal No. 15-55850 for lack of jurisdiction is denied without prejudice to renewing the arguments in the consolidated answering brief. Appellants' motion to strike appellee's reply filed in support of the motion to expedite these appeals is denied. Appellants' motion to file the declaration in support of the reply under seal is granted. Appellants' urgent supplemented motions to stay USDC proceedings and requesting other injunctive relief are denied. The motions to expedite these consolidated appeals are granted in part. Briefing schedule issued. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. The Clerk shall calendar the appeal as soon as practicable upon the completion of briefing. (akr)
March 1, 2017 Opinion or Order Filing 1444 ORDER Setting Briefing Schedule re #1443 MOTION for Approval of Sale of Reno Partners' Property : Any opposition to the motions be filed on or before March 17, 2017. Any reply is due on or before March 31, 2017. A hearing for the motion is set for April 14, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 3/1/17.(dlg)
February 27, 2017 Opinion or Order Filing 1443 MOTION for Approval of Sale of Reno Partners' Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward)
February 17, 2017 Opinion or Order Filing 1442 NON Opposition re #1430 MOTION for Approval of Honey Springs Property and Authority to Pay Broker's Commission Notice of Non-Receipt of Qualified Overbid or Opposition to Motion for Approval of Sale of Honey Springs Property and Authority to Pay Broker's Commission filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
February 7, 2017 Opinion or Order Filing 1441 STATUS REPORT Receiver's Eighteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (fth).
February 2, 2017 Opinion or Order Filing 1440 ORDER Granting #1410 Motion to be Relieved as Counsel. Attorney Philip H Dyson terminated. Signed by Judge Gonzalo P. Curiel on 2/2/17. (dlg) (jao).
January 27, 2017 Opinion or Order Filing 1439 ORDER of USCA as to #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. The motion of appellant's retained counsel, Philip H. Dyson, Esq. ("Dyson"), to withdraw as retained counsel of record is granted. More than 90 days have elapsed since Dyson filed a formal suggestion of appellant's death. A review of the record suggests that this appeal may be appropriate for dismissal under Fed. R. Civ. P. 25(a)(1). Within 21 days after the filing date of this order, appellant or his successor or representative shall file a memorandum showing cause why this case should not be dismissed. A response may be filed within 10 days after service of the memorandum. If appellant or his successor or representative does not file a memorandum showing cause, the Clerk shall dismiss this appeal for failure to prosecute. Appellee's unopposed motion to extend time to file an answering brief is denied as moot. Briefing remains suspended. (akr)
January 26, 2017 Opinion or Order Filing 1438 ORDER Setting Briefing Schedule re #1433 MOTION Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1434 MOTION Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver : Any opposition to the motions be filed on or before February 17, 2017. Any reply is due on or before March 3, 2017. A hearing for the motion is set for March 17, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/26/17.(dlg)
January 24, 2017 Opinion or Order Filing 1437 NOTICE Receiver's Notice of Errata Re Motion for Approval of Sale of Honey Springs Property and Authority to Pay Broker's Commission by Thomas C. Hebrank re #1430 MOTION for Approval of Honey Springs Property and Authority to Pay Broker's Commission (Fates, Edward) (dlg).
January 24, 2017 Opinion or Order Filing 1436 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1434 MOTION Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1435 Notice (Other), #1433 MOTION Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
January 24, 2017 Opinion or Order Filing 1435 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1434 MOTION Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1433 MOTION Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (dlg).
January 24, 2017 Opinion or Order Filing 1434 MOTION Seventeenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 24, 2017 Opinion or Order Filing 1433 MOTION Seventeenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
January 19, 2017 Opinion or Order Filing 1432 ORDER RESCHEDULING Hearing on Motion #1410 MOTION to Withdraw as Attorney Motion to Be Relieved as Counsel : Motion Hearing set for 1/20/17 VACATED AND RESET TO 2/3/2017 01:30 PM before Judge Gonzalo P. Curiel.(no document attached) (ksr)
January 18, 2017 Opinion or Order Filing 1431 ORDER Setting Briefing Schedule re #1430 MOTION for Approval of Honey Springs Property and Authority to Pay Broker's Commission : Any response to the motion shall be filed on or before January 31, 2017. Any reply shall be filed on or before February 10, 2017. A hearing on this motion is set for March 17, 2017 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/18/17.(dlg)
January 17, 2017 Opinion or Order Filing 1430 MOTION for Approval of Sale of Honey Springs Property and Authority to Pay Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward)
December 22, 2016 Opinion or Order Filing 1429 REPLY - Other re #1410 MOTION to Withdraw as Attorney Motion to Be Relieved as Counsel Reply Brief in Support of Philip H. Dyson's Motion to be Relieved as Counsel filed by Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (aef).
December 22, 2016 Opinion or Order Filing 1428 RESPONSE to Motion re #1410 MOTION to Withdraw as Attorney Motion to Be Relieved as Counsel filed by Thomas C. Hebrank. (Fates, Edward)QC mailer sent re missing certificate of service (aef).
December 21, 2016 Opinion or Order Filing 1427 RESPONSE in Opposition re #1410 MOTION to Withdraw as Attorney Motion to Be Relieved as Counsel, #1413 Ex Parte MOTION to Shorten Time Re Motion to be Relieved as Counsel SEC's Response to Motion to Be Relieved As Counsel filed by Securities and Exchange Commission. (Attachments: #1 Affidavit)(Dean, Lynn) (dlg).
December 19, 2016 Opinion or Order Filing 1426 SECOND AMENDED NOTICE OF APPEAL to the 9th Circuit as to #1409 Order, #1359 Order, by Ardizzone M Joseph. (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 12/19/2016: USCA Case Number 16-56362. Second Amended Notice of Appeal electronically transmitted to the US Court of Appeals via regenerated NEF. Edited docket text re title of document and re linked documents.) (akr).
December 19, 2016 Opinion or Order Filing 1425 THIRD AMENDED NOTICE OF APPEAL to the 9th Circuit as to #1361 Order, #1296 Order, #1409 Order, #1359 Order, #1303 Order, #1304 Order, by Susan Graham and Movants and Intervenors listed in the Third Amended Notice of Appeal. (Third Amended Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 12/19/2016: USCA Case Number 16-55850. Edited docket text re title of document and re linked Orders.) (akr).
December 19, 2016 Opinion or Order Filing 1424 STATUS REPORT Attorney Philip H. Dyson's Update as to the Investigation of the Disappearance of Defendant Louis V. Schooler in Reference to the Motion to be Relieved as Counsel of Record by Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (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 8, 2016 Opinion or Order Filing 1422 STATUS REPORT Receiver's Seventeenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 7, 2016 Opinion or Order Filing 1421 ORDER Granting Ex Parte #1413 Application for Shortening Time to Hear Motion to be Relieved as Counsel; Setting Briefing Schedule #1410 . The hearing is moved from February 10, 2016 to January 20, 2016 at 1:30 pm in Courtroom 2D. Any opposition to Counsels motion shall be filed on or before December 23, 2016 and any reply shall be filed on or before January 6, 2017. In addition, Counsel is further directed to file an update as to the investigation of the disappearance of Defendant Louis V. Schooler on or before January 13, 2017. Signed by Judge Gonzalo P. Curiel on 12/7/16. (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)
December 6, 2016 Opinion or Order Filing 1418 ORDER granting Receiver's #1406 Motion to File CBRE Report Under Seal. Signed by Judge Gonzalo P. Curiel on 12/6/2016. (jah)
December 6, 2016 Opinion or Order Filing 1417 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting re #1397 Ex Parte MOTION Deletion of Exhibit, refiling under seal and order clarification re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Interv. Non-compliance with local rule(s), Non-party who did not seek leave to intervene. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Gonzalo P. Curiel on 12/6/16.(dlg)
December 6, 2016 Opinion or Order Filing 1416 ORDER Granting #1399 Receiver's Ex Parte Application for Authority to Engage Real Estate Brokers for Yuma I, Yuma II, Yuma III, and Minden Properties. Signed by Judge Gonzalo P. Curiel on 12/6/16. (dlg) (jao).
December 1, 2016 Opinion or Order Filing 1415 NOTICE of Document Withdrawal by Susan Graham re #1408 MOTION re #1406 MOTION to File Documents Under Seal, #1405 Status Report, #1407 Sealed Lodged Proposed Document to intervene and file objections (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
December 1, 2016 Opinion or Order Filing 1414 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting re #1396 - Declaration of Gary Aguirre only re Reply to Response to Motion,. Non-compliance with local rule(s), Not in compliance with Court Order. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Gonzalo P. Curiel on 12/1/16.(dlg) (Additional attachment(s) added on 12/1/2016: #1 Declaration Stricken) (dlg).
December 1, 2016 Opinion or Order Filing 1413 Ex Parte MOTION to Shorten Time Re Motion to be Relieved as Counsel by Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (dlg).
November 30, 2016 Opinion or Order Filing 1412 REPLY to Response to Motion re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, filed by Ardizzone M Joseph. (Attachments: #1 Declaration, #2 Exhibit, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Proof of Service)(Aguirre, Gary) (dlg).
November 30, 2016 Opinion or Order Filing 1411 NOTICE of document withdrawal by Ardizzone M Joseph re #1409 Order on Motion to Stay, Order on Motion to Intervene, Order on Motion for Miscellaneous (Other 1), #1396 Reply to Response to Motion, (Attachments: #1 Proof of Service)(Aguirre, Gary) Discrepancy submitted to strike (dlg).
November 29, 2016 Opinion or Order Filing 1410 MOTION to Withdraw as Attorney Motion to Be Relieved as Counsel by Louis V. Schooler. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service, #4 Proof of Service)(Dyson, Philip)
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).
November 28, 2016 Opinion or Order Filing 1408 *** WITHDRAWN PER EFC 1415 *** MOTION re #1406 MOTION to File Documents Under Seal, #1405 Status Report, #1407 Sealed Lodged Proposed Document to intervene and file objections by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Aguirre, Gary) Modified on 12/2/2016 (dlg).
November 22, 2016 Opinion or Order Filing 1407 [FILED AS SEALED DOCUMENT ON 12/6/2016] SEALED LODGED Proposed Document re: #1406 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward). (jah). (Main Document 1407 replaced on 12/6/2016) (jah). Modified on 12/6/2016 - Added date of lodgment (jah).
November 22, 2016 Opinion or Order Filing 1406 MOTION to File Documents Under Seal (With attachments)(Fates, Edward). (jah).
November 22, 2016 Opinion or Order Filing 1405 STATUS REPORT Receiver's Report and Recommendations Regarding Xpera Report Recommendations by Thomas C. Hebrank. (Fates, Edward) (dlg).
November 9, 2016 Opinion or Order Filing 1404 Minute ORDER, re #1381 MOTION to Intervene to oppose, object to and request clarification #1368 MOTION to Stay re #1361 Order on Motion for Order #1359 Order on Motion to Stay, Order on Motion for Miscellaneous Relief, Order on Motion to Intervene #1384 MOTION Motion to be Relieved as Counsel Death of Defendant Louis V. Schooler - Submitted. Motion hearing set for 11/10/16 - VACATED. (no document attached) (ksr)
November 1, 2016 Opinion or Order Filing 1403 RESPONSE in Opposition re #1397 Ex Parte MOTION Deletion of Exhibit, refiling under seal and order clarification re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Interv SEC's Memorandum of Points and Authorities In Opposition to Non-Party Investors' Ex Parte Application for an Order Allowing Them to Withdraw and Refile an Exhibit Under Seal and Seeking Clarification of the Court's Order, Docket 1296 filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 31, 2016 Opinion or Order Filing 1402 REPLY to Response to Motion re #1381 MOTION to Intervene to oppose, object to and request clarification filed by Susan Graham. (Attachments: #1 Declaration, #2 Exhibit, #3 Appendix, #4 Proof of Service)(Aguirre, Gary) (dlg).
October 28, 2016 Opinion or Order Filing 1401 RESPONSE in Support re #1384 MOTION Motion to be Relieved as Counsel Death of Defendant Louis V. Schooler filed by Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (acc).
October 27, 2016 Opinion or Order Filing 1400 RESPONSE re #1397 Ex Parte MOTION Deletion of Exhibit, refiling under seal and order clarification re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Interv filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 27, 2016 Opinion or Order Filing 1399 Ex Parte MOTION Authority to Engage Real Estate Brokers for Yuma I, Yuma II, Yuma III, and Minden Properties by Thomas C. Hebrank. (Attachments: #1 Declaration of Thomas C. Hebrank in Support of Ex Parte Application, #2 Proof of Service)(Fates, Edward) (dlg).
October 27, 2016 Opinion or Order Filing 1398 RESPONSE to Motion re #1384 MOTION Motion to be Relieved as Counsel Death of Defendant Louis V. Schooler filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 27, 2016 Opinion or Order Filing 1397 *** DOCUMENT STRICKEN PER ECF 1417 *** Ex Parte MOTION Deletion of Exhibit, refiling under seal and order clarification re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, , #1396 Reply to Response to Motion, by Ardizzone M Joseph. (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Aguirre, Gary) (dlg). (Additional attachment(s) added on 12/6/2016: #4 Strike) (dlg). Modified on 12/6/2016 (dlg).
October 25, 2016 Opinion or Order Filing 1396 REPLY to Response to Motion re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, filed by Ardizzone M Joseph. (Attachments: #1 *** DOCUMENT STRICKEN PER ECF 1414 *** Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Proof of Service)(Aguirre, Gary) (dlg). (Attachment 1 replaced on 12/1/2016) (dlg). Modified on 12/1/2016 (dlg).
October 20, 2016 Opinion or Order Filing 1395 RESPONSE in Opposition re #1381 MOTION to Intervene to oppose, object to and request clarification SEC's Memorandum of Points and Authorities In Opposition to Non-Party Investors' Motion to Intervene to Object to Receiver's Second Revised 14th, Revised 15th, and Revised 16th Interim Reports filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 20, 2016 Opinion or Order Filing 1394 RESPONSE in Opposition re #1381 MOTION to Intervene to oppose, object to and request clarification Receiver's Opposition to Graham Investors' Motion to Intervene to Oppose, Object to and Request Clarification of the (1) Second Revised 14th Interim Report, (2) Revised 15th Interim Report and (3) Revised 16th Interim Report filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 17, 2016 Opinion or Order Filing 1393 REPLY to Response to Motion re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, filed by Ardizzone M Joseph. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Proof of Service)(Aguirre, Gary) (dlg).
October 17, 2016 Opinion or Order Filing 1392 TRANSCRIPT DESIGNATION AND ORDERING FORM by Ardizzone M Joseph for proceedings held on 9/17/12, 7/26/13, 7/18/14, 10/10/14, 10/15/14, 1/23/15, 2/13/15, 5/15/15, 5/29/15, and 5/20/16 re #1367 Notice of Appeal to 9th Circuit. (Aguirre, Gary). (akr).
October 14, 2016 Opinion or Order Filing 1391 ORDER Setting Briefing Schedule re #1386 MOTION Sixteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1385 MOTION Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver : Any response to the motion shall be filed on or before November 18, 2016. Any reply shall be filed on or before December 2, 2016. A hearing on this motion is set for December 16, 2016 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/14/16.(dlg)
October 13, 2016 Opinion or Order Filing 1390 ORDER Setting Briefing Schedule re #1384 MOTION Motion to be Relieved as Counsel Death of Defendant Louis V. Schooler : Any response to the motion shall be filed on or before October 27, 2016. Any reply shall be filed on or before November 3, 2016. A hearing on this motion is set for November 10, 2016 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/13/16.(dlg)
October 13, 2016 Opinion or Order Filing 1389 RESPONSE in Opposition re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, SEC's Memorandum of Points and Authorities In Opposition to Non-Party Investors' Motion filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
October 12, 2016 Opinion or Order Filing 1388 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1385 MOTION Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1387 Notice (Other), #1386 MOTION Sixteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
October 12, 2016 Opinion or Order Filing 1387 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1385 MOTION Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1386 MOTION Sixteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
October 12, 2016 Opinion or Order Filing 1386 MOTION Sixteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward)
October 12, 2016 Opinion or Order Filing 1385 MOTION Sixteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 11, 2016 Opinion or Order Filing 1384 MOTION to be Relieved as Counsel Death of Defendant Louis V. Schooler by Louis V. Schooler. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Dyson, Philip) (dlg).
October 11, 2016 Opinion or Order Filing 1383 RESPONSE in Opposition re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, Receiver's Opposition to Ardizzone Investors' Motion (1) For a Stay of Orders Pending Appeal, (2) To Alter or Amend a Judgment, and (3) For Reconsideration filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
October 6, 2016 Opinion or Order Filing 1382 ORDER Setting Briefing Schedule re #1381 MOTION to Intervene to oppose, object to and request clarification : Responses due by 10/20/2016. Replies due by 11/3/2016. A hearing on this motion is set for 11/10/2016 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/6/2016.(acc)
October 4, 2016 Opinion or Order Filing 1381 MOTION to Intervene to oppose, object to and request clarification by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit, #3 Appendix, #4 Proof of Service)(Aguirre, Gary) (dlg).
September 26, 2016 Opinion or Order Filing 1380 ORDER Setting Briefing Schedule re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, : Any response to the motion shall be filed on or before October 13, 2016. Any reply shall be filed on or before October 27, 2016. A hearing on this motion is set for November 10, 2016 at 1:30pm in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/26/16.(dlg)
September 26, 2016 Opinion or Order Filing 1379 NOTICE of Joinder by Susan Graham re #1361 Order on Motion for Order, #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
September 20, 2016 Opinion or Order Filing 1378 STATUS REPORT Receiver's Revised Sixteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 20, 2016 Opinion or Order Filing 1377 STATUS REPORT Receiver's Revised Fifteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 20, 2016 Opinion or Order Filing 1376 STATUS REPORT Receiver's Second Revised Fourteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 20, 2016 Opinion or Order Filing 1375 NOTICE OF WITHDRAWAL OF DOCUMENT by Thomas C. Hebrank re #1319 Status Report filed by Thomas C. Hebrank, #1353 Status Report filed by Thomas C. Hebrank, #1315 Status Report filed by Thomas C. Hebrank Notice of Withdrawal of Receiver's Revised Fourteenth Interim Report, Fifteenth Interim Report, and Sixteenth Interim Report. (Fates, Edward) (dlg).
September 20, 2016 Opinion or Order Filing 1374 AMENDED NOTICE OF APPEAL to the 9th Circuit as to #1359 Order, by Ardizzone M Joseph. (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 9/20/2016: USCA Case Number 16-56362. Amended Notice of Appeal electronically transmitted to the US Court of Appeals via regenerated NEF. Edited docket text re title of document and re linked documents.) (akr).
September 20, 2016 Opinion or Order Filing 1373 SECOND AMENDED NOTICE OF APPEAL to the 9th Circuit as to #1296 Order, #1303 Order, #1304 Order, #1359 Order, #1361 Order, by Susan Graham and Movants and Intervenors listed in the Second Amended Notice of Appeal. (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 9/20/2016: USCA Case Number 16-55850. Second Amended Notice of Appeal electronically transmitted to the US Court of Appeals via regenerated NEF. Edited docket text re title of document and re linked Orders.) (akr).
September 20, 2016 Opinion or Order Filing 1372 USCA Time Schedule Order as to #1367 Notice of Appeal to 9th Circuit, filed by Ardizzone M Joseph. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 10/17/2016 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 11/15/2016.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
September 20, 2016 Opinion or Order Filing 1371 USCA Case Number 16-56362 for #1367 Notice of Appeal to 9th Circuit, filed by Ardizzone M Joseph. (akr)
September 15, 2016 Opinion or Order Filing 1370 NOTICE of Joinder by Ardizzone M Joseph re #1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, (Attachments: #1 Proof of Service)(Aguirre, Gary) (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' 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)
September 13, 2016 Opinion or Order Filing 1368 MOTION to Stay re #1361 Order on Motion for Order, #1359 Order on Motion to Stay,, Order on Motion for Miscellaneous Relief,, Order on Motion to Intervene, by Ardizzone M Joseph. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Declaration, #5 Declaration, #6 Declaration, #7 Notice Notice of Objection & Objection, #8 Proof of Service)(Aguirre, Gary) (dlg). Modified on 9/16/2016 to send QC email to submit a proposed order to Chambers (dlg).
September 13, 2016 Opinion or Order Filing 1367 NOTICE OF APPEAL to the 9th Circuit as to #1359 Order, by Ardizzone M Joseph. (Filing fee $ 505 receipt number 0974-9406977.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 9/13/2016 edit docket text re linked Order.) (akr).
September 9, 2016 Opinion or Order Filing 1366 REPLY to Response to Motion re #1330 MOTION Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1329 MOTION Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1328 MOTION Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1327 MOTION Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver Reply to Ardizzone Investors' Opposition to 14th and 15th Interim Fee Applications of Receiver and Allen Matkins Leck Gamble Mallory & Natsis LLP filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 7, 2016 Opinion or Order Filing 1365 NOTICE of Joinder by Susan Graham re #1364 Response in Opposition to Motion,, #1330 MOTION Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1329 MOTION Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1328 MOTION Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1327 MOTION Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
September 2, 2016 Opinion or Order Filing 1364 RESPONSE in Opposition re #1330 MOTION Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1329 MOTION Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1328 MOTION Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1327 MOTION Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver filed by Ardizzone M Joseph. (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Aguirre, Gary) (dlg).
September 1, 2016 Opinion or Order Filing 1363 AMENDED NOTICE OF APPEAL to the 9th Circuit as to #1296 Order, #1303 Order, #1304 Order, #1305 Order, #1359 Order, #1361 Order, by Susan Graham and Movants and Intervenors listed in the Amended Notice of Appeal. (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 9/1/2016: USCA Case Number 16-55850. Amended Notice of Appeal electronically transmitted to the US Court of Appeals via regenerated NEF. Edited docket text re title of document and re linked Orders.) (akr).
August 30, 2016 Opinion or Order Filing 1362 ORDER Granting Receiver's #1302 Motion for Approval of (A) Sale of Real Property Owned by Western (Silver Springs) and (B) Payment of Broker's Commission. Signed by Judge Gonzalo P. Curiel on 8/30/16. (dlg)
August 30, 2016 Opinion or Order Filing 1361 ORDER Granting Receiver's #1310 Motion for Approval of Sale of Jamul Valley Property. Signed by Judge Gonzalo P. Curiel on 8/30/16. (dlg)
August 30, 2016 Opinion or Order Filing 1360 ORDER Granting Receiver's #1285 Motion for Approval of Sale of Reno Vista and Reno View Properties. Signed by Judge Gonzalo P. Curiel on 8/30/16. (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)
August 23, 2016 Opinion or Order Filing 1358 RESPONSE in Opposition re #1348 MOTION to Intervene SEC's Memorandum of Points and Authorities in Opposition to Non-Party Investors' Motion to Intervene filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
August 23, 2016 Opinion or Order Filing 1357 NOTICE OF WITHDRAWAL OF DOCUMENT by Securities and Exchange Commission re #1356 Response in Opposition to Motion filed by Securities and Exchange Commission . (Dean, Lynn) (dlg).
August 23, 2016 Opinion or Order Filing 1356 *** DOCUMENT WITHDRAWN PER ECF 1357 *** RESPONSE in Opposition re #1348 MOTION to Intervene SEC's Memorandum of Points and Authorities in Opposition to Non-Party Investors' Motion to Intervene filed by Securities and Exchange Commission. (Kalin, Sara)QC email re incorrect filer. Attorney should refile with proper signature (dlg). Modified on 8/24/2016 (dlg).
August 23, 2016 Opinion or Order Filing 1355 RESPONSE in Opposition re #1348 MOTION to Intervene Receiver's Opposition to Investors Joe M. Ardizzone, David R. Schwarz and Lois Schwarz's Motion to Intervene filed by Thomas C. Hebrank. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proof of Service)(Fates, Edward) (dlg).
August 18, 2016 Opinion or Order Filing 1354 REPLY - Other re #1351 Response in Opposition to Motion, Receiver's Reply to Investors' Opposition to Motion for Authority to Engage CBRE as Consultant filed by Thomas C. Hebrank. (Fates, Edward) (aef).
August 16, 2016 Opinion or Order Filing 1353 *** DOCUMENT WITHDRAWN PER ECF 1375 *** STATUS REPORT Receiver's Sixteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg). Modified on 9/21/2016 (dlg).
August 16, 2016 Opinion or Order Filing 1352 NOTICE of Joinder by Dennis Frisman, Ardizzone M Joseph re #1341 MOTION Receiver's Motion for Authority to Engage CBRE as Consultant , #1351 Response in Opposition to Motion, (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
August 16, 2016 Opinion or Order Filing 1351 RESPONSE in Opposition re #1341 MOTION Receiver's Motion for Authority to Engage CBRE as Consultant filed by Susan Graham. (Attachments: #1 Appendix, #2 Declaration, #3 Declaration, #4 Proof of Service)(Aguirre, Gary) (dlg).
August 12, 2016 Opinion or Order Filing 1350 NOTICE of Joinder by Dennis Frisman re #1347 Request for Judicial Notice, #1348 MOTION to Intervene (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
August 10, 2016 Opinion or Order Filing 1349 ORDER Setting Briefing Schedule. (Re Doc #1348 ) IT IS HEREBY ORDERED that any response to the motion shall be filed on or before August 23, 2016. Any reply shall be filed on or before August 30, 2016. A hearing on this motion is set for September 6, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/10/2016.(aef)
August 9, 2016 Opinion or Order Filing 1348 MOTION to Intervene by Ardizzone M Joseph. (Attachments: #1 Exhibit, #2 Memo of Points and Authorities, #3 Declaration, #4 Declaration, #5 Proof of Service)(Aguirre, Gary) (aef).
August 9, 2016 Opinion or Order Filing 1347 REQUEST FOR JUDICIAL NOTICE by Ardizzone M Joseph (Attachments: #1 Proof of Service)(Aguirre, Gary)Attorney Gary J Aguirre added to party Ardizzone M Joseph(pty:intv) (aef).
August 9, 2016 Opinion or Order Filing 1346 ORDER: Setting Briefing Schedule; Granting in Part #1342 Receiver's Ex Parte Motion to Shorten Time. Before the Court is Receiver Thomas C. Hebrank's motion for authority to engage CBRE as Consultant. ECF No. 1341. The Court GRANTS IN PART the Receiver's ex parte motion to shorten time on this motion. ECF No. 1342. Accordingly, IT IS HEREBY ORDERED that any response to the motion shall be filed on or before August 16, 2016. Any reply shall be filed on or before August 19, 2016. A hearing on this motion is set for September 6, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/9/2016. (aef)
August 4, 2016 Opinion or Order Filing 1345 CERTIFICATE OF SERVICE by Securities and Exchange Commission re #1344 Notice of Appearance, (Schultze, Carol) (dlg).
August 3, 2016 Opinion or Order Filing 1344 NOTICE of Appearance by Carol Elizabeth Schultze on behalf of Securities and Exchange Commission (Schultze, Carol)Attorney Carol Elizabeth Schultze added to party Securities and Exchange Commission(pty:pla) qc email missing certificate of service (dlg).
July 25, 2016 Opinion or Order Filing 1343 Minute ORDER granting #1339 Ex Parte Motion to Continue hearing, Motion Hearing re #1285 , #1302 , #1310 , #1316 , #1341 set for 7/29/16 and 9/23/16 VACATED AND RESET TO 9/6/2016 01:30 PM before Judge Gonzalo P. Curiel. (no document attached) (ksr)
July 22, 2016 Opinion or Order Filing 1342 Ex Parte MOTION to Shorten Time Ex Parte Application for Order Shortening Time on Receiver's Motion for Authority to Engage CBRE as Consultant by Thomas C. Hebrank. (Attachments: #1 Declaration of Edward Fates, #2 Proof of Service)(Fates, Edward) (dlg).
July 22, 2016 Opinion or Order Filing 1341 MOTION Receiver's Motion for Authority to Engage CBRE as Consultant by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Declaration of Ted Fates, #4 Declaration of D. Matt Marschall, #5 Proof of Service)(Fates, Edward) (dlg).
July 19, 2016 Opinion or Order Filing 1340 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Order to Show Cause Hearing) for date of 9/17/2012 before Judge Larry Alan Burns, re #1177 Notice of Appeal to 9th Circuit, #1311 Notice of Appeal to 9th Circuit. Court Reporter/Transcriber: Eva Oemick. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/9/2016. Redacted Transcript Deadline set for 8/19/2016. Release of Transcript Restriction set for 10/17/2016. (akr)
July 15, 2016 Opinion or Order Filing 1339 Ex Parte MOTION to Continue Investors Motion for a Stay and Receivers Motions for Approval of Sales by Susan Graham. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Appendix, #5 Proof of Service)(Aguirre, Gary) (dlg).
July 14, 2016 Opinion or Order Filing 1338 NOTICE of Change of Hearing on Motions, Court reschedules the following motions: #1316 MOTION to Stay re #1305 Order on Motion for Order,, Order on Motion to File Documents Under Seal, #1304 Order on Motion Filed 5/25/2016, Order on Motion Filed 5/25/2016, , #1302 MOTION for Order for Approval of (A) Sale of Real Property Owned by Western (Silver Springs) and (B) Payment of Broker's Commission, #1285 MOTION for Order for Approval of Sale of Reno Vista and Reno View Properties, #1310 MOTION for Order for Approval of Sale of Jamul Valley Property : Motion Hearing set for 7/15/2016 is continued to 7/29/2016 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. (no document attached) (lsf)
July 14, 2016 Opinion or Order Filing 1337 TRANSCRIPT DESIGNATION AND ORDERING FORM by Susan Graham for proceedings held on 9/17/12, 7/26/13, 7/18/14, 10/10/14, 10/15/14, 1/23/15, 2/13/15, 5/15/15, 5/29/15, and 5/20/16 re #1311 Notice of Appeal to 9th Circuit. (Aguirre, Gary). (akr).
July 13, 2016 Opinion or Order Filing 1336 ORDER of USCA as to #1208 Notice of Appeal to 9th Circuit, filed by Securities and Exchange Commission, #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. The Securities and Exchange Commission's unopposed motion to dismiss its appeal in no. 16-55414 is granted. A copy of this order sent to the USDC shall act as and for the mandate of the USCA as to appeal no. 16-55414 only. The Clerk shall file the opening brief submitted in no. 16-55167. Briefing schedule issued for case no. 16-55167. (akr)
July 8, 2016 Opinion or Order Filing 1335 REPLY - Other re #1326 Response in Opposition to Motion Receiver's Reply to Aguirre Investors' Opposition to Motion for Approval of Sale of Jamul Valley Property filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
July 6, 2016 Opinion or Order Filing 1334 REPLY to Response to Motion re #1316 MOTION to Stay re #1305 Order on Motion for Order,, Order on Motion to File Documents Under Seal, #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), filed by Susan Graham. (Attachments: #1 Declaration, #2 Proof of Service)(Aguirre, Gary)
July 6, 2016 Opinion or Order Filing 1333 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1330 MOTION Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1329 MOTION Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1328 MOTION Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1331 MOTION Sixth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1327 MOTION Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1332 Notice (Other),,, (Fates, Edward)
July 6, 2016 Opinion or Order Filing 1332 NOTICE Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals by Thomas C. Hebrank re #1330 MOTION Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1329 MOTION Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1328 MOTION Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1331 MOTION Sixth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1327 MOTION Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward)
July 6, 2016 Opinion or Order Filing 1331 MOTION Sixth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward)
July 6, 2016 Opinion or Order Filing 1330 MOTION Fifteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward)
July 6, 2016 Opinion or Order Filing 1329 MOTION Fifteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward)
July 6, 2016 Opinion or Order Filing 1328 MOTION Fourteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward)
July 6, 2016 Opinion or Order Filing 1327 MOTION Fourteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward)
July 1, 2016 Opinion or Order Filing 1326 RESPONSE in Opposition re #1310 MOTION for Order for Approval of Sale of Jamul Valley Property filed by Susan Graham. (Attachments: #1 Appendix, #2 Proof of Service)(Aguirre, Gary)
June 29, 2016 Opinion or Order Filing 1325 RESPONSE in Opposition re #1316 MOTION to Stay re #1305 Order on Motion for Order,, Order on Motion to File Documents Under Seal, #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
June 29, 2016 Opinion or Order Filing 1324 Non-Opposition, RESPONSE in Support re #1310 MOTION for Order for Approval of Sale of Jamul Valley Property Receiver's Notice of Non-Opposition and Non-Receipt of Qualified Overbids for Motion for Approval of Sale of Jamul Valley Property filed by Thomas C. Hebrank. (Fates, Edward) qc email, incorrect event selected, edited docket text (dlg).
June 29, 2016 Opinion or Order Filing 1323 Non Opposition, RESPONSE in Support re #1302 MOTION for Order for Approval of (A) Sale of Real Property Owned by Western (Silver Springs) and (B) Payment of Broker's Commission Receiver's Notice of Non-Opposition and Non-Receipt of Qualified Overbids for Motion for Approval of (A) Sale of Real Property Owned by Western (Silver Springs) and (B) Payment of Broker's Commission filed by Thomas C. Hebrank. (Fates, Edward) qc email, incorrect event selected, edited docket text (dlg).
June 29, 2016 Opinion or Order Filing 1322 Non-Opposition, RESPONSE in Support re #1285 MOTION for Order for Approval of Sale of Reno Vista and Reno View Properties Receiver's Notice of Non-Opposition and Non-Receipt of Qualified Overbids for Motion for Approval of Sale of Reno Vista and Reno View Properties filed by Thomas C. Hebrank. (Fates, Edward) qc email re incorrect event selected. Edited docket text to reflect proper event (dlg).
June 29, 2016 Opinion or Order Filing 1321 RESPONSE in Opposition re #1316 MOTION to Stay re #1305 Order on Motion for Order,, Order on Motion to File Documents Under Seal, #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), Receiver's Opposition to Motion for Stay Pending Appeal filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
June 27, 2016 Opinion or Order Filing 1320 OBJECTION by Susan Graham re #1319 Status Report . (Attachments: #1 Proof of Service)(Aguirre, Gary)
June 23, 2016 Opinion or Order Filing 1319 *** DOCUMENT WITHDRAWN PER ECF 1375 *** STATUS REPORT Receiver's Fifteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg). Modified on 9/21/2016 (dlg).
June 23, 2016 Opinion or Order Filing 1318 ORDER Setting Briefing Schedule re #1316 MOTION to Stay re #1305 Order on Motion for Order,, Order on Motion to File Documents Under Seal, #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), : Any response to the motion shall be filed on or before June 29, 2016. Any reply shall be filed on or before July 6, 2016. A hearing on this motion is set for July 15, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/23/16.(dlg).
June 22, 2016 Opinion or Order Filing 1317 OBJECTION by Susan Graham re #1315 Status Report . (Attachments: #1 Appendix, #2 Proof of Service)(Aguirre, Gary) (dlg).
June 21, 2016 Opinion or Order Filing 1316 MOTION to Stay re #1305 Order on Motion for Order,, Order on Motion to File Documents Under Seal, #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), by Susan Graham. (Attachments: #1 Appendix, #2 Memo of Points and Authorities, #3 Declaration, #4 Declaration, #5 Declaration, #6 Proof of Service)(Aguirre, Gary) (dlg).
June 17, 2016 Opinion or Order Filing 1315 *** DOCUMENT WITHDRAWN PER ECF 1375 *** STATUS REPORT Receiver's Revised Fourteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg). Modified on 9/21/2016 (dlg).
June 17, 2016 Opinion or Order Filing 1314 NOTICE OF WITHDRAWAL OF DOCUMENT by Thomas C. Hebrank re #1189 Status Report filed by Thomas C. Hebrank, #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), Notice of Withdrawal of Receiver's Fourteenth Interim Report. (Fates, Edward) (dlg).
June 15, 2016 Opinion or Order Filing 1313 USCA Time Schedule Order as to #1311 Notice of Appeal to 9th Circuit, filed by Susan Graham. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 7/14/2016 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 8/15/2016.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
June 15, 2016 Opinion or Order Filing 1312 USCA Case Number 16-55850 for #1311 Notice of Appeal to 9th Circuit, filed by Susan Graham. (akr)
June 14, 2016 Opinion or Order Filing 1311 NOTICE OF APPEAL to the 9th Circuit as to #1296 Order, #1303 Order, #1304 Order, #1305 Order, by Susan Graham and Movants and Intervenors listed in the Notice of Appeal. (Filing fee $ 505 receipt number 0974-9149445.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(Aguirre, Gary). (Modified on 6/14/2016 to edit docket text re linked Orders and re filers.) (akr).
June 8, 2016 Opinion or Order Filing 1310 MOTION for Order for Approval of Sale of Jamul Valley Property by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Proof of Service)(Fates, Edward) (dlg).
June 8, 2016 Opinion or Order Filing 1309 RESPONSE re #1304 Order on Motion for Miscellaneous Relief,, Order on Motion for Miscellaneous (Other 1), Receiver's Proposal Regarding Modified Orderly Sale Process filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
May 27, 2016 Opinion or Order Filing 1308 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/20/2016, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Possell. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/17/2016. Redacted Transcript Deadline set for 6/27/2016. Release of Transcript Restriction set for 8/25/2016. (akr)
May 26, 2016 Opinion or Order Filing 1306 ORDER Setting Briefing Schedule re #1302 MOTION for Order for Approval of (A) Sale of Real Property Owned by Western (Silver Springs) and (B) Payment of Broker's Commission : Any response to the motion shall be filed on or before June 17, 2016. Any reply shall be filed on or before July 1, 2016. A hearing on this motion is set for July 15, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/26/16.(dlg) (jao).
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) (jao).
May 25, 2016 Opinion or Order Filing 1304 ORDER Granting in Part and Denying in Part #1181 Motion for Order Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; Approving the Plan of Distributing Receivership Assets; and Approving Procedures for the Administration of Investor Claims ; Denying #1297 Motion for an Order Setting Evidentiary Hearing and Discovery Schedule. Signed by Judge Gonzalo P. Curiel on 5/25/16. (dlg) (jao). (Main Document 1304 replaced on 6/13/2016) (dlg).
May 25, 2016 Opinion or Order Filing 1303 ORDER Denying #1230 , #1258 Aguirre Investors' Motions to Intervene; Denying #1300 Aguirre Investors' Motion for Leave to File Excess Pages. Signed by Judge Gonzalo P. Curiel on 5/25/16. (dlg) (jao).
May 25, 2016 Opinion or Order Filing 1302 MOTION for Order for Approval of (A) Sale of Real Property Owned by Western (Silver Springs) and (B) Payment of Broker's Commission by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Declaration of Andie Wilson, #4 Proof of Service)(Fates, Edward) (dlg).
May 24, 2016 Opinion or Order Filing 1301 Letter from Darren Scott (dlg)
May 20, 2016 Opinion or Order Filing 1300 MOTION for Leave to File excess pages by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Aguirre, Gary) (knb).
May 20, 2016 Opinion or Order Filing 1299 REPLY - Other re #1291 Response in Opposition to Motion, #1290 Response in Opposition to Motion, #1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership , #1230 MOTION to Vacate #1168 Order on Motion to File Documents Under Seal, #1088 Order, #1069 Order on Motion for Miscellaneous (Other 1), #1224 Order on Motion for Extension of Time to File Response/Reply, Order on Motion to Strike, #1292 Response in Opposition to Motion, filed by Susan Graham. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Appendix, #6 Proof of Service)(Aguirre, Gary) (knb).
May 20, 2016 Opinion or Order Filing 1298 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 5/20/2016 re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims filed by Thomas C. Hebrank, Motions Submitted, Court will prepare a written order.(Court Reporter Chari Possell). (Plaintiff Attorney John Berry, Sara Kalin). (Defendant Attorney Gary Aguirre, Timothy Dillon, Phil Dyson). (Receiver Attorney:Edward Fates).(no document attached) (lsf)
May 20, 2016 Opinion or Order Filing 1297 Ex Parte MOTION Order Setting Evidentiary Hearing and Discovery Schedule re #1296 Order on Motion to Intervene, Order on Motion to Unseal Document, Order on Motion for Miscellaneous (Other 1), Order on Motion for Leave to File Excess Pages, Order on Motion for Leave to File Document, by Susan Graham. (Attachments: #1 Declaration, #2 Proof of Service)(Aguirre, Gary) (knb).
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) (jao).
May 17, 2016 Opinion or Order Filing 1295 RESPONSE in Opposition re #1293 Ex Parte MOTION re #1275 MOTION for Leave to File Receiver's Ex Parte Application for Leave to File Supplement to Court-Ordered Proposal Regarding General Partnerships, #1224 Order on Motion for Extension of Time to File Response/R filed by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Berry, John) (dlg).
May 16, 2016 Opinion or Order Filing 1294 RESPONSE in Opposition re #1293 Ex Parte MOTION re #1275 MOTION for Leave to File Receiver's Ex Parte Application for Leave to File Supplement to Court-Ordered Proposal Regarding General Partnerships, #1224 Order on Motion for Extension of Time to File Response/R Receiver's Opposition to Investors' Ex Parte Motion for Leave to File Opposition to Receiver's Court-Ordered Proposal Regarding General Partnerships as Supplemented and Proposed Alternative Plan filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
May 13, 2016 Opinion or Order Filing 1293 Ex Parte MOTION re #1275 MOTION for Leave to File Receiver's Ex Parte Application for Leave to File Supplement to Court-Ordered Proposal Regarding General Partnerships, #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order on Motion for Hearing,,,,,,,, Order on Motion to Vacate,,,, Order on Motion to Unseal Document,,,, Order on Motion for Miscellaneous (Other 1),,, #1264 Response - Other, by Susan Graham. (Attachments: #1 Attachment A, #2 Declaration, #3 Declaration, #4 Appendix, #5 Proof of Service)(Aguirre, Gary) (dlg).
May 13, 2016 Opinion or Order Filing 1292 RESPONSE in Opposition re #1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership Receiver's Opposition to Investors' Motion for an Order Directing the Receiver to Provide an Accounting or in the Alternative for an Audit of the Receivership by an Independent Accountant filed by Thomas C. Hebrank. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proof of Service)(Fates, Edward) (dlg).
May 13, 2016 Opinion or Order Filing 1291 RESPONSE in Opposition re #1230 MOTION to Vacate #1168 Order on Motion to File Documents Under Seal,, #1088 Order, #1069 Order on Motion for Miscellaneous (Other 1), #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order o, #1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership SEC's Opposition to Aguirre Investors' Motions to Intervene filed by Securities and Exchange Commission. (Kalin, Sara) (dlg).
May 13, 2016 Opinion or Order Filing 1290 RESPONSE in Opposition re #1230 MOTION to Vacate #1168 Order on Motion to File Documents Under Seal,, #1088 Order, #1069 Order on Motion for Miscellaneous (Other 1), #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order o Receiver's Opposition to Motion for Order Vacating Prior Orders Approving Recommendations of Receiver to Sell GP Properties filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
May 12, 2016 Opinion or Order Filing 1289 ORDER Setting Briefing Schedule re #1285 MOTION for Order for Approval of Sale of Reno Vista and Reno View Properties : Any response to the motion shall be filed on or before June 17, 2016. Any reply shall be filed on or before July 1, 2016. A hearing on this motion is set for July 15, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 5/12/16.(dlg) (jao).
May 11, 2016 Opinion or Order Filing 1288 Letter from Darren Scott (dlg)
May 11, 2016 Opinion or Order Filing 1287 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting #1286 . Non-compliance with local rule(s), Replies for Ex Parte Motions are prohibited; no provisions for acceptance. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Gonzalo P. Curiel.(dlg) (Additional attachment(s) added on 5/11/2016: #1 Rejected Document) (dlg)
May 10, 2016 Opinion or Order Filing 1286 *** DOCUMENT STRICKEN PER ECF 1287 *** REPLY - Other re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims , #1278 Response in Opposition to Motion, #1277 Ex Parte MOTION for Leave to File Opposition to SEC Late Joinder, #1232 Response to Motion, filed by Susan Graham. (Attachments: #1 Proof of Service)(Aguirre, Gary) QC email, replies are prohibited on ex parte motions (dlg). (Additional attachment(s) added on 5/11/2016: #2 Strike) (dlg). Modified on 5/11/2016 to strike (dlg).
May 10, 2016 Opinion or Order Filing 1285 MOTION for Order for Approval of Sale of Reno Vista and Reno View Properties by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas C. Hebrank, #3 Declaration of Heather Watson, #4 Proof of Service)(Fates, Edward) (dlg).
May 6, 2016 Opinion or Order Filing 1284 NOTICE of Change of Hearing on Motions: #1230 MOTION to Vacate #1168 Order on Motion to File Documents Under Seal,, #1088 Order, #1069 Order on Motion for Miscellaneous (Other 1), #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order o, #1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership , Court reschedules Motion Hearing set for 6/3/2016 to 6/10/2016 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. (no document attached) (lsf)
May 5, 2016 Opinion or Order Filing 1283 Letter from Darren Scott (dlg)
May 5, 2016 Opinion or Order Filing 1282 Letter from Scott L. Gessner (Attachments: #1 Exhibit) (dlg)
May 4, 2016 Opinion or Order Filing 1281 ***FILED AS A SEALED DOCUMENT ON 5/26/2016***SEALED LODGED Proposed Document re: #1280 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (vam). (Main Document 1281 replaced on 5/26/2016) (vam). Modified on 5/26/2016 (vam).
May 4, 2016 Opinion or Order Filing 1280 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (vam).
May 4, 2016 Opinion or Order Filing 1279 NOTICE of Change of Hearing on the following motions: #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims , #1227 MOTION to Intervene , #1228 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159, #1229 MOTION to Intervene , the Court reschedules Motion Hearing set for 5/6/2016 to 5/20/2016 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. (no document attached) (lsf)
May 4, 2016 Opinion or Order Filing 1278 RESPONSE in Opposition re #1277 Ex Parte MOTION for Leave to File Opposition to SEC Late Joinder SEC's Opposition to Aguirre Investors' Ex Parte Motion (A) For Leave to File Opposition and (B) To Strike Brief filed by Securities and Exchange Commission. (Kalin, Sara) (dlg).
May 3, 2016 Opinion or Order Filing 1277 Ex Parte MOTION for Leave to File Opposition to SEC Late Joinder by Susan Graham. (Attachments: #1 Exhibit Exhibit A, #2 Appendix, #3 Declaration, #4 Proof of Service)(Aguirre, Gary) Document is not timely (dlg).
May 3, 2016 Opinion or Order Filing 1276 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1275 MOTION for Leave to File Receiver's Ex Parte Application for Leave to File Supplement to Court-Ordered Proposal Regarding General Partnerships (Fates, Edward) (dlg).
May 3, 2016 Opinion or Order Filing 1275 MOTION for Leave to File Receiver's Ex Parte Application for Leave to File Supplement to Court-Ordered Proposal Regarding General Partnerships by Thomas C. Hebrank. (Fates, Edward) (dlg).
April 29, 2016 Opinion or Order Filing 1274 REPLY to Response to Motion re #1273 MOTION for Leave to File Excess Pages , #1229 MOTION to Intervene filed by Susan Graham. (Attachments: #1 Declaration, #2 Exhibit Exhibits 1-39, #3 Appendix Attachment A, #4 Proof of Service)(Aguirre, Gary) (dlg).
April 29, 2016 Opinion or Order Filing 1273 MOTION for Leave to File Excess Pages by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Aguirre, Gary) (dlg).
April 29, 2016 Opinion or Order Filing 1272 REQUEST FOR JUDICIAL NOTICE by Susan Graham (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Proof of Service, #5 Exhibit Exhibit 4)(Aguirre, Gary) (dlg).
April 29, 2016 Opinion or Order Filing 1271 REPLY - Other re #1227 MOTION to Intervene AS A MATTER OF RIGHT, OR, ALTERNATIVELY, FOR PERMISSIVE INTERVENTION filed by Alex Haua. (Dillon, Timothy) (dlg).
April 29, 2016 Opinion or Order Filing 1270 REPLY - Other re #1228 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159 filed by Alex Haua. (Dillon, Timothy) (dlg).
April 29, 2016 Opinion or Order Filing 1269 NOTICE of Partial Joinder to Investors' Motion for an Order Directing the Receiver to Provide an Accounting or in the Alternative for an Audit of the Receivership by an Independent Accountant by Alex Haua re #1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership (Dillon, Timothy) (dlg).
April 25, 2016 Opinion or Order Filing 1268 ORDER Setting Briefing Schedule re #1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership : Responses due by 5/13/2016. Replies due by 5/20/2016. A hearing on this motion is set for June 3, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/25/2016.(nbp) (jao).
April 22, 2016 Opinion or Order Filing 1267 DECLARATION re #1266 Response in Opposition to Motion,, Declaration of Sara D. Kalin in Support of Plaintiff Securities and Exchange Commission's Opposition to Non-Party Investors' Motions to Intervene by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dean, Lynn) (nbp)
April 22, 2016 Opinion or Order Filing 1266 RESPONSE in Opposition re #1228 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159, #1229 MOTION to Intervene , #1227 MOTION to Intervene Plaintiff Securities and Exchange Commission's Memorandum of Points and Authorities in Opposition to Non-Party Investors' Motions to Intervene filed by Securities and Exchange Commission. (Dean, Lynn) (nbp)
April 22, 2016 Opinion or Order Filing 1265 Ex Parte MOTION withdraw misstatement of fact re #1235 Response to Motion,, by Susan Graham. (Attachments: #1 Proof of Service)(Aguirre, Gary) (nbp)
April 22, 2016 Opinion or Order Filing 1264 RESPONSE re #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order on Motion for Hearing,,,,,,,, Order on Motion to Vacate,,,, Order on Motion to Unseal Document,,,, Order on Motion for Miscellaneous (Other 1),,, Receiver's Court-Ordered Proposal Regarding General Partnerships filed by Thomas C. Hebrank. (Fates, Edward) (nbp)
April 22, 2016 Opinion or Order Filing 1263 RESPONSE in Support re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims Receiver's Reply to Aguirre Investors' Opposition to Motion For: (A) Authority to Conduct Orderly Sale of General Partnership Properties; (B) Approval of Plan of Distributing Receivership Assets; and (C) Approval of Procedures for the Administration of Investor Claims filed by Thomas C. Hebrank. (Fates, Edward) (nbp)
April 22, 2016 Opinion or Order Filing 1262 RESPONSE in Support re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims Receiver's Reply to Dillon Investors' Opposition to Receiver's Motion For: (A) Authority to Conduct Orderly Sale of General Partnership Properties; (B) Approval of Plan of Distributing Receivership Assets; and (C) Approval of Procedures for the Administration of Investor Claims [Dkt. No. 1181] filed by Thomas C. Hebrank. (Fates, Edward) (nbp)
April 22, 2016 Opinion or Order Filing 1261 RESPONSE in Opposition re #1228 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159 Receiver's Opposition to Investor Group's Motion to Unseal and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159 filed by Thomas C. Hebrank. (Fates, Edward) (nbp)
April 22, 2016 Opinion or Order Filing 1260 RESPONSE in Opposition re #1229 MOTION to Intervene (with Proof of Service) filed by Thomas C. Hebrank. (Zaro, David) (nbp)
April 22, 2016 Opinion or Order Filing 1259 RESPONSE in Opposition re #1227 MOTION to Intervene (with Proof of Service) filed by Thomas C. Hebrank. (Zaro, David) (nbp)
April 21, 2016 Opinion or Order Filing 1258 MOTION Order for Accounting or, in the alternative, an audit of the Receivership by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Appendix, #23 Proof of Service)(Aguirre, Gary) (dlg).
April 21, 2016 Opinion or Order Filing 1257 Letter from Rhonda Lilien (dlg)
April 21, 2016 Opinion or Order Filing 1256 Letter from Erin Naviaux (dlg)
April 21, 2016 Opinion or Order Filing 1255 Letter from Linda Ann Smith (dlg)
April 21, 2016 Opinion or Order Filing 1254 Letter from Kelly Weppler (dlg)
April 21, 2016 Opinion or Order Filing 1253 Letter from Susan Almon-Pesch (dlg)
April 21, 2016 Opinion or Order Filing 1252 Letter from Garrett Goldfield (dlg)
April 21, 2016 Opinion or Order Filing 1251 Letter from Beverly Keiser (dlg)
April 21, 2016 Opinion or Order Filing 1250 Letter from Linda Naviaux (dlg)
April 21, 2016 Opinion or Order Filing 1249 Letter from Richard Halsey (dlg)
April 20, 2016 Opinion or Order Filing 1248 ORDER Setting Briefing Schedule re #1227 , #1228 , #1229 , any response to these motions shall be filed on or before April 22, 2016. Any reply shall be filed on or before April 29, 2016. A hearing on these motions is set for May 6, 2016, at 1:30 p.m. in Courtroom 2D. Re #1230 , any response to the motion shall be filed on or before May 13, 2016. Any reply shall be filed on or before May 20, 2016. A hearing on this motion is set for June 3, 2016, at 1.30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 4/20/16.(dlg) (jao).
April 20, 2016 Opinion or Order Filing 1247 EXHIBIT 2 to Declarations of Alan Nevin and Neal Singer ( #1237 and #1238 ) (dlg)
April 20, 2016 Opinion or Order Filing 1246 ORDER Granting #1245 Investors' Ex Parte Application for Order Permitting Filing of Exhibit 2 to Declarations of Alan Nevin and Neal Singer (Dkt. Nos. 1237 and 1238). The clerk is directed to file said document in this matter. Signed by Judge Gonzalo P. Curiel on 4/20/16. (dlg) (jao).
April 19, 2016 Opinion or Order Filing 1245 Ex Parte MOTION re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims , #1238 Response in Opposition to Motion,, #1235 Response to Motion,, #1237 Response in Opposition to Motion,, by Susan Graham. (Attachments: #1 Exhibit Ex. 2, Reno Analysis, #2 Proof of Service)(Aguirre, Gary) (dlg).
April 19, 2016 Opinion or Order Filing 1244 Letter from James L. Gochmansky. Nunc pro tunc 3/25/16 (dlg)
April 19, 2016 Opinion or Order Filing 1243 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex parte Letter from James L. Gochmansky. Non-compliance with local rule(s), OTHER: Ex parte communication. Nunc Pro Tunc 3/25/16. Signed by Judge Gonzalo P. Curiel on 4/19/16.(dlg)
April 19, 2016 Opinion or Order Filing 1242 Letter from Tara Brouwer. Nunc pro tunc 4/1/16 (dlg)
April 19, 2016 Opinion or Order Filing 1241 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex Parte Letter from Tara Brouwer. Non-compliance with local rule(s), OTHER: Ex Parte Communication. Nunc Pro Tunc 4/1/16. Signed by Judge Gonzalo P. Curiel on 4/19/16.(dlg)
April 19, 2016 Opinion or Order Filing 1240 Letter from Christina Gochmansky. Nunc pro tunc 3/24/16 (dlg)
April 19, 2016 Opinion or Order Filing 1239 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex Parte Letter from Christina Gochmansky. Non-compliance with local rule(s), OTHER: Ex parte communication. Nunc Pro Tunc 3/24/16. Signed by Judge Gonzalo P. Curiel on 4/19/16.(dlg)
April 15, 2016 Opinion or Order Filing 1238 Declaration re RESPONSE in Opposition re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims Alan Singer Declaration filed by Susan Graham. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proof of Service)(Aguirre, Gary) QC email re incorrect event selected. Edited docket text to reflect filing (dlg).
April 15, 2016 Opinion or Order Filing 1237 Declaration re RESPONSE in Opposition re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims Alan Nevin's Declaration filed by Susan Graham. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proof of Service)(Aguirre, Gary) QC email re incorrect event selected. Edited docket text to reflect proper event (dlg)
April 15, 2016 Opinion or Order Filing 1236 NOTICE of Joinder by Susan Graham re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims , #1234 Response to Motion,, #1235 Response to Motion,, (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
April 15, 2016 Opinion or Order Filing 1235 RESPONSE to Motion re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims filed by Susan Graham. (Attachments: #1 Appendix, #2 Proof of Service, #3 Declaration Aguirre Declaration, #4 Exhibit Ex. 1, #5 Exhibit Ex. 2, #6 Exhibit Ex. 3, #7 Exhibit Ex. 4, #8 Exhibit Ex. 5)(Aguirre, Gary) (dlg).
April 15, 2016 Opinion or Order Filing 1234 RESPONSE to Motion re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims filed by Alex Haua. (Attachments: #1 Declaration of Alan Nevin, #2 Exhibit to Alan Nevin's Declaration, #3 Declaration of Neal Singer, #4 Exhibit to Neal Singer's Declaration, #5 Proof of Service)(Dillon, Timothy) (dlg).
April 15, 2016 Opinion or Order Filing 1233 REQUEST FOR JUDICIAL NOTICE by Susan Graham (Attachments: #1 Exhibit Exhibit 1, #2 Proof of Service)(Aguirre, Gary) (dlg).
April 15, 2016 Opinion or Order Filing 1232 RESPONSE to Motion re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims filed by Securities and Exchange Commission. (Dean, Lynn) (dlg).
April 13, 2016 Opinion or Order Filing 1231 NOTICE of Joinder by Susan Graham re #1228 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159 (Attachments: #1 Proof of Service)(Aguirre, Gary)
April 11, 2016 Opinion or Order Filing 1230 MOTION to Vacate #1168 Order on Motion to File Documents Under Seal,, #1088 Order, #1069 Order on Motion for Miscellaneous (Other 1), #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order on Motion for Hearing,,,,,,,, Order on Motion to Vacate,,,, Order on Motion to Unseal Document,,,, Order on Motion for Miscellaneous (Other 1),,, by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Aguirre, Gary) (dlg).
April 8, 2016 Opinion or Order Filing 1229 MOTION to Intervene by Susan Graham. (Attachments: #1 Exhibit Ex. A, Complaint, #2 Memo of Points and Authorities, #3 Proof of Service)(Aguirre, Gary) (dlg).
April 8, 2016 Opinion or Order Filing 1228 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159 by Alex Haua. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Timothy P. Dillon, #3 Exhibit to Declaration of Timothy P. Dillon)(Dillon, Timothy) (dlg).
April 8, 2016 Opinion or Order Filing 1227 MOTION to Intervene by Alex Haua. (Attachments: #1 Memo of Points and Authorities Memorandum of Points & Authorities ISO Investor Group's Motion for Intervention, #2 Exhibit Exhibit A to Investor Group's Motion for Intervention, #3 Declaration Declaration of T. Dillon ISO Investor Group's Motion for Intervention)(Dillon, Timothy) (dlg).
April 8, 2016 Opinion or Order Filing 1226 NOTICE by Susan Graham re #1195 Response - Other, #1202 Notice of Joinder,, #1225 Supplemental Briefing, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property , #1200 MOTION to Strike #1198 Notice of Withdrawal of Document, #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to [11, #1199 Reply - Other, #1224 Order on Motion for Extension of Time to File Response/Reply,,,, Order on Motion to Strike,,,, Order on Motion for Hearing,,,,,,,, Order on Motion to Vacate,,,, Order on Motion to Unseal Document,,,, Order on Motion for Miscellaneous (Other 1),,, #1201 Notice of Joinder,, intent to file opposition to Dkt. No. 1225 (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
April 6, 2016 Opinion or Order Filing 1225 SUPPLEMENTAL BRIEFING by Receiver Thomas C. Hebrank re #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property . (Fates, Edward) QC email regarding supplemental documents require a court order (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) (jao).
April 1, 2016 Opinion or Order Filing 1223 MOTION Accounting or Audit of receivership by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit Ex. 1, #4 Exhibit Ex. 2, #5 Exhibit Ex. 3, #6 Exhibit Ex. 4, #7 Exhibit Ex. 5, #8 Exhibit Ex. 6, #9 Exhibit Ex. 7, #10 Exhibit Ex. 8, #11 Exhibit Ex. 9, #12 Exhibit Ex. 10, #13 Exhibit Ex. 11, #14 Exhibit Ex. 12, #15 Exhibit Ex. 13, #16 Proof of Service)(Aguirre, Gary) (dlg).
April 1, 2016 Opinion or Order Filing 1222 MOTION to Unseal Document and/or Unredact Dkt. Nos. 826/835, 876/925, 988/991, 1028/1040, 1062/1089, 1072/1090, 1020/1088, 1108/1122/1120, 1113/1124, 1132/1136, 1159 by Alex Haua. (Attachments: #1 Memo of Points and Authorities Memorandum of Points & Authorities ISO Investor Group's Motion to Unseal, #2 Declaration Declaration of T. Dillon ISO Investor Group's Motion to Unseal, #3 Exhibit Exhibit 1 to Declaration of T. Dillon ISO Investor Group's Motion to Unseal)(Dillon, Timothy) (dlg).
April 1, 2016 Opinion or Order Filing 1221 MOTION to Vacate #1168 Order on Motion to File Documents Under Seal,, #1088 Order, #1069 Order on Motion for Miscellaneous (Other 1) by Susan Graham. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Aguirre, Gary) (dlg).
March 31, 2016 Opinion or Order Filing 1220 NOTICE of Joinder by Alex Haua re #1217 Response - Other,,,, Notice of Joinder to Investors' Opposition to Securities & Exchange Commission's Omnibus Submission Re Dkt. Nos. 1191, 1194, 1194-1, 1194-2, 1194-3, 1195, 1199, 1200, 101, 1202, 1203, 1204, 1204-1, 1205, 1206 (Dillon, Timothy) (dlg).
March 31, 2016 Opinion or Order Filing 1219 REPLY - Other re #1211 Ex Parte MOTION for Extension of Time to File An Opposition To The Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [DOC. 1181] By A Period of 30 Days, #1213 Notice (Other), #1216 Response in Opposition to Motion,, #1218 Reply - Other, #1212 Notice of Joinder,, To Receiver's Opposition to application for time extension filed by Susan Graham. (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Aguirre, Gary) (dlg).
March 29, 2016 Opinion or Order Filing 1218 REPLY - Other re #1211 Ex Parte MOTION for Extension of Time to File An Opposition To The Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [DOC. 1181] By A Period of 30 Days filed by Alex Haua. (Dillon, Timothy) (dlg).
March 28, 2016 Opinion or Order Filing 1217 RESPONSE re #1195 Response - Other, #1203 Status Report, #1204 Ex Parte MOTION for Hearing re #1203 Status Report , #1202 Notice of Joinder,, #1205 Response in Opposition to Motion,, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property , #1200 MOTION to Strike #1198 Notice of Withdrawal of Document, #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to [11, #1207 Notice of Joinder, #1206 Reply to Response to Motion, #1199 Reply - Other, #1214 Supplemental Briefing, #1201 Notice of Joinder,, to SEC Omnibus Submission filed by Susan Graham. (Attachments: #1 Declaration, #2 Proof of Service)(Aguirre, Gary) (dlg).
March 28, 2016 Opinion or Order Filing 1216 RESPONSE in Opposition re #1211 Ex Parte MOTION for Extension of Time to File An Opposition To The Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [DOC. 1181] By A Period of 30 Days Receiver's Opposition to the Investor Group's Ex Parte Application for an Order Extending Time to File an Opposition to the Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [Doc. 1181] by a Period of 30 Days filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 24, 2016 Opinion or Order Filing 1215 NOTICE of Appearance by John Willis Berry on behalf of Securities and Exchange Commission (Berry, John)Attorney John Willis Berry added to party Securities and Exchange Commission(pty:pla) (dlg).
March 23, 2016 Opinion or Order Filing 1214 SUPPLEMENTAL BRIEFING by Plaintiff Securities and Exchange Commission SEC's Omnibus Submission Regarding Dkt. Nos. 1191, 1194, 1194-1, 1194-2, 1194-3, 1195, 1199, 1200, 1201, 1202, 1203, 1204, 1204-1, 1205, 1206. (Kalin, Sara) qc email, supplemental documents require court order(dlg).
March 23, 2016 Opinion or Order Filing 1213 NOTICE by Thomas C. Hebrank re #1211 Ex Parte MOTION for Extension of Time to File An Opposition To The Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [DOC. 1181] By A Period of 30 Days, #1212 Notice of Joinder,, Notice of Receiver's Intent to File Opposition (Zaro, David)Attorney David R. Zaro added to party Thomas C. Hebrank(pty:rc) (dlg).
March 23, 2016 Opinion or Order Filing 1212 NOTICE of Joinder by Susan Graham re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims , #1211 Ex Parte MOTION for Extension of Time to File An Opposition To The Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [DOC. 1181] By A Period of 30 Days (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
March 22, 2016 Opinion or Order Filing 1211 Ex Parte MOTION for Extension of Time to File An Opposition To The Receiver's April 29, 2016 Motion for Order Authorizing Sale of General Partnership Assets [DOC. 1181] By A Period of 30 Days by Alex Haua. (Attachments: #1 Declaration)(Dillon, Timothy) (dlg).
March 18, 2016 Opinion or Order Filing 1210 USCA Time Schedule Order as to #1208 Notice of Appeal to 9th Circuit, filed by Securities and Exchange Commission, #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. (Attachments: #1 Transcript Designation and Ordering Form). (akr)
March 18, 2016 Opinion or Order Filing 1209 USCA Case Number 16-55414 for #1208 Notice of Appeal to 9th Circuit, filed by Securities and Exchange Commission. (akr)
March 17, 2016 Opinion or Order Filing 1208 NOTICE OF APPEAL to the 9th Circuit as to #1170 Judgment, #1190 Final Judgment, by Securities and Exchange Commission. Fee Waived. (Notice of Appeal electronically transmitted to US Court of Appeals.) (Kalin, Sara). (Modified on 3/17/2016 to edit docket text re linked Final Judgment.) (akr).
March 15, 2016 Opinion or Order Filing 1207 NOTICE of Joinder by Alex Haua re #1204 Ex Parte MOTION for Hearing re #1203 Status Report (Dillon, Timothy) (dlg).
March 14, 2016 Opinion or Order Filing 1206 REPLY to Response to Motion re #1204 Ex Parte MOTION for Hearing re #1203 Status Report filed by Susan Graham. (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
March 11, 2016 Opinion or Order Filing 1205 RESPONSE in Opposition re #1204 Ex Parte MOTION for Hearing re #1203 Status Report Receiver's Response to Movants Ex Parte Motion for Order: (A) Setting a Hearing on Receivers Recommendation Regarding Engagement of Real Estate Brokers for Las Vegas 1, Las Vegas 2, and Tecate Properties, and (B) Staying Any Further Ex Parte Motions Relating to the Sale of Any Property Subject to the Receivership in the Absence of Good Cause filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 10, 2016 Opinion or Order Filing 1204 Ex Parte MOTION for Hearing re #1203 Status Report by Susan Graham. (Attachments: #1 Declaration, #2 Exhibit Exhibit 1, #3 Proof of Service)(Aguirre, Gary) (dlg).
March 7, 2016 Opinion or Order Filing 1203 STATUS REPORT Recommendation Regarding Engagement of Real Estate Brokers for Las Vegas 1, Las Vegas 2, and Tecate Properties by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 7, 2016 Opinion or Order Filing 1202 NOTICE of Joinder by Susan Graham re #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property , #1200 MOTION to Strike #1198 Notice of Withdrawal of Document, #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to [11, #1199 Reply - Other (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
March 7, 2016 Opinion or Order Filing 1201 NOTICE of Joinder by Susan Graham re #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property , #1200 MOTION to Strike #1198 Notice of Withdrawal of Document, #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to [11, #1199 Reply - Other (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
March 4, 2016 Opinion or Order Filing 1200 MOTION to Strike #1198 Notice of Withdrawal of Document, #1195 Response - Other, #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property , #1199 Reply - Other, #1196 Reply to Response to Motion,, by Susan Graham. (Attachments: #1 Proof of Service)(Aguirre, Gary) QC email missing hearing time and date on motion (dlg).
March 4, 2016 Opinion or Order Filing 1199 REPLY - Other re #1198 Notice of Withdrawal of Document, #1195 Response - Other, #1196 Reply to Response to Motion,, filed by Susan Graham. (Attachments: #1 Exhibit Exhibit 6, #2 Proof of Service)(Aguirre, Gary) (dlg).
March 4, 2016 Opinion or Order Filing 1198 NOTICE OF WITHDRAWAL OF DOCUMENT by Susan Graham re #1196 Reply to Response to Motion,, filed by Susan Graham . (Attachments: #1 Proof of Service)(Aguirre, Gary) (dlg).
March 3, 2016 Opinion or Order Filing 1197 NOTICE by Alex Haua Notice of Intended Representation (Dillon, Timothy)Attorney Timothy P. Dillon added to party Alex Haua(pty:clm) (dlg).
March 3, 2016 Opinion or Order Filing 1196 *** DOCUMENT WITHDRAWN PER ECF 1198 *** REPLY to Response to Motion re #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property, #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property filed by Susan Graham. (Attachments: #1 Exhibit Exhibit 6 to Movants' Reply and Motion to Strike, #2 Proof of Service)(Aguirre, Gary) QC email sent. Reply and Motion must be separate filings. Attorney is to withdraw and refile each (dlg). Modified on 3/7/2016 to withdraw (dlg).
March 2, 2016 Opinion or Order Filing 1195 RESPONSE re #1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property Receiver's Response to Movants Ex Parte Motion for Order Allowing Time to Respond to Receivers Ex Parte Application for Order Confirming the Sale of the Jamul Valley Property (Dkt. No. 1191) filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
March 2, 2016 Opinion or Order Filing 1194 Ex Parte MOTION for Extension of Time to File Response/Reply as to #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property by Susan Graham. (Attachments: #1 Declaration Alejandro Haua's Declaration, #2 Declaration David Karp's Declaration, #3 Declaration Gary Aguirre's Declaration, #4 Exhibit Ex. 1 to Aguirre Decl, #5 Exhibit Ex. 2 to Aguirre Decl, #6 Exhibit Ex. 3 to Aguirre Decl, #7 Exhibit Ex. 4 to Aguirre Decl, #8 Exhibit Ex. 5 to Aguirre Decl, #9 Proof of Service)(Aguirre, Gary) (dlg).
March 1, 2016 Opinion or Order Filing 1193 TRANSCRIPT DESIGNATION AND ORDERING FORM by Louis V. Schooler for proceedings held on 9/17/12, 7/26/13, 7/18/14, 10/10/14, 10/15/14, 1/23/15, 2/13/15 re #1177 Notice of Appeal to 9th Circuit. (Attachments: #1 Proof of Service)(Dyson, Philip). (akr).
February 26, 2016 Opinion or Order Filing 1192 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property (Fates, Edward) (dlg).
February 26, 2016 Opinion or Order Filing 1191 Ex Parte MOTION for Order Confirming Sale of Jamul Valley Property by Thomas C. Hebrank. (Fates, Edward) (dlg).
February 23, 2016 Opinion or Order Filing 1190 FINAL JUDGMENT Against Defendant Louis V. Schooler (re #1183 ). Nunc pro tunc 1/21/16. Signed by Judge Gonzalo P. Curiel on 2/23/16.(dlg)
February 22, 2016 Opinion or Order Filing 1189 *** DOCUMENT WITHDRAWN PER ECF 1314 *** STATUS REPORT Receiver's Fourteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (nbp) Modified on 6/20/2016 (dlg).
February 19, 2016 Opinion or Order Filing 1188 ORDER Granting #1184 Ex Parte Motion for Extension of Time. Any opposition to the Receiver's Motion shall be filed on or before April 8, 2016. Any reply shall be filed on or before April 15, 2016. The hearing is continued to April 29, 2016, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/19/2016. (nbp) (jao).
February 19, 2016 Opinion or Order Filing 1187 REPLY to Response to Motion re #1184 Ex Parte MOTION for Extension of Time to File Opposition to Receiver's Motion (Docket No. 1181) filed by Susan Graham. (Attachments: #1 Proof of Service Proof of Service)(Aguirre, Gary)(nbp)
February 19, 2016 Opinion or Order Filing 1186 NOTICE of Joinder by Securities and Exchange Commission re #1185 Response in Opposition to Motion,, Securities and Exchange Commission's Joinder in Receiver's Limited Opposition to Applicant Susan Graham's Ex Parte Application for Order Reinstating or Extending the Period to Respond to Receiver's Motion. (Dean, Lynn)(nbp)
February 19, 2016 Opinion or Order Filing 1185 RESPONSE in Opposition re #1184 Ex Parte MOTION for Extension of Time to File; Opposition to Receiver's Motion (Docket No. 1181) Receiver's Limited Opposition to Applicant Susan Grahams Ex Parte Application for Order Reinstating or Extending the Period to Respond to Receivers Motion for: (A) Authority to Conduct Orderly Sale of General Partnership Properties; (B) Approval of Plan of Distributing Receivership Assets; and (C) Approval of Procedures for the Administration of Investor Claims (Docket No. 1181) filed by Thomas C. Hebrank. (Fates, Edward) (srm).
February 18, 2016 Opinion or Order Filing 1184 Ex Parte MOTION for Extension of Time to File Opposition to Receiver's Motion (Docket No. 1181) by Susan Graham. (Attachments: #1 Declaration Declaration ISO Ex parte application, #2 Exhibit Exhibit 1 to GJA Declaration, #3 Exhibit Exhibit 2 to GJA Declaration, #4 Exhibit Exhibit 3 to GJA Declaration, #5 Exhibit Exhibit 4 to GJA Declaration, #6 Exhibit Exhibit 5 to GJA Declaration, #7 Proof of Service Proof of Service)(Aguirre, Gary)Attorney Gary J Aguirre added to party Susan Graham(pty:clm) (dlg).
February 12, 2016 Opinion or Order Filing 1183 NOTICE by Securities and Exchange Commission of Request for Entry of Judgment (Dean, Lynn) (dlg).
February 8, 2016 Opinion or Order Filing 1182 ORDER Setting Briefing Schedule re #1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims : Any opposition shall be filed on or before March 11, 2016. Any reply shall be filed on or before March 25, 2016. A hearing is set for April 22, 2016, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/8/16.(dlg)
February 4, 2016 Opinion or Order Filing 1181 MOTION for Order: (A) Authorizing the Receiver to Conduct an Orderly Sale of General Partnership Properties; (B) Approving the Plan of Distributing Receivership Assets; and (C) Approving Procedures for the Administration of Investor Claims by Thomas C. Hebrank. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Fates, Edward) (dlg).
February 2, 2016 Opinion or Order Filing 1180 USCA Time Schedule Order as to #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 3/3/2016 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 4/4/2016.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
February 2, 2016 Opinion or Order Filing 1179 USCA Case Number 16-55167 for #1177 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler. (akr)
February 2, 2016 Opinion or Order Filing 1178 NOTICE by Louis V. Schooler re #1177 Notice of Appeal to 9th Circuit Representation Statement of Defendant Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip). (akr).
February 2, 2016 Opinion or Order Filing 1177 NOTICE OF APPEAL to the 9th Circuit as to #583 Order, #1074 Order, #1170 Judgment and Order, by Louis V. Schooler. (Filing fee $ 505 receipt number 0974-8765628.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Proof of Service)(Dyson, Philip). (Modified on 2/2/2016 to add links to Orders.) (akr).
February 1, 2016 Opinion or Order Filing 1176 Letter from William Diehl. Nunc Pro Tunc 1/11/2016. (srm)
February 1, 2016 Opinion or Order Filing 1175 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from William Diehl. Non-compliance with local rule(s), OTHER: L.Civ.R. 83.9 - Ex parte communication is prohibited. Not party to the case. Nunc Pro Tunc January 11, 2016. Signed by Judge Gonzalo P. Curiel on 2/1/2016.(srm)
February 1, 2016 Opinion or Order Filing 1174 Letter from James Hettinger. Nunc Pro Tunc 1/28/2016. (srm)
February 1, 2016 Opinion or Order Filing 1173 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from James Hettinger. Non-compliance with local rule(s), OTHER: Ex Parte Communication. Nunc Pro Tunc January 28, 2016. Signed by Judge Gonzalo P. Curiel on 2/1/2016.(srm)
February 1, 2016 Opinion or Order Filing 1172 Letter from Gwendolyn Iwanowski. Nunc Pro Tunc 1/28/2016. (srm)
February 1, 2016 Opinion or Order Filing 1171 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Gwendolyn Iwanowski. Non-compliance with local rule(s), OTHER: Ex Parte Communication. Nunc Pro Tunc January 28, 2016. Signed by Judge Gonzalo P. Curiel on 2/1/2016.(srm)
January 21, 2016 Opinion or Order Filing 1170 JUDGMENT and ORDER Granting Motion For Injunctive Relief, Monetary Remedies, and Final Judgment Against Defendant Louis V. Schooler (Doc. #1137 ). Signed by Judge Gonzalo P. Curiel on 1/21/2016. (srm) (jao).
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)
January 14, 2016 Opinion or Order Filing 1167 ORDER Granting #1153 Receiver's Thirteenth Interim Fee Application ; Granting #1154 Allen Matkins' Thirteenth Interim Fee Application; Vacating Heaing Dates: The awarded fees shall be paid from Western's assets above and beyond cash necessary to make payments on loans secured by GP properties; and The hearing set for January 29, 2016, is vacated. Signed by Judge Gonzalo P. Curiel on 1/14/16. (dlg)
January 8, 2016 Opinion or Order Filing 1166 STATUS REPORT Recommendation Regarding Engagement of Real Estate Brokers for Five GP Properties by Thomas C. Hebrank. (Fates, Edward) (dlg).
December 30, 2015 Opinion or Order Filing 1165 NOTICE by Securities and Exchange Commission of Change of Attorney Information (Dean, Lynn) (srm).
December 17, 2015 Opinion or Order Filing 1164 Letter from Mary Jenkins. Nunc pro tunc 12/16/15 (dlg)
December 17, 2015 Opinion or Order Filing 1163 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter to Thomas Hebrank, Receiver. Non-compliance with local rule(s), OTHER: No provisions for acceptance. Not a party to the case. Nunc Pro Tunc 12/16/15. Signed by Judge Gonzalo P. Curiel on 12/17/15.(dlg)
December 17, 2015 Opinion or Order Filing 1162 Letter from John Jenkins. Nunc pro tunc 12/16/15 (dlg)
December 17, 2015 Opinion or Order Filing 1161 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter to Thomas Hebrank, Receiver. Non-compliance with local rule(s), OTHER: No provisions for acceptance. Not a party to the case. Nunc Pro Tunc 12/16/15. Signed by Judge Gonzalo P. Curiel on 12/17/15.(dlg)
December 16, 2015 Opinion or Order Filing 1160 ORDER Judge Gonzalo P. Curiel, Motions Submitted #1137 MOTION for Injunctive Relief, Monetary Remedies, and Final Judgment against Defendant Louis V. Schooler , and the Court will prepare written order.Motion Hearing scheduled 12/17/2015 is vacated.(no document attached) (lsf)
December 11, 2015 Opinion or Order Filing 1159 ***FILED AS SEALED DOCUMENT ON 1/14/2016***SEALED LODGED Proposed Document re: #1158 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (sjt). Modified to add filing date of lodgment on 1/14/2016 (vam). (Main Document 1159 replaced on 1/14/2016) (vam).
December 11, 2015 Opinion or Order Filing 1158 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (QC mailer sent re: includes proposed order) (sjt).
December 7, 2015 Opinion or Order Filing 1157 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1155 Notice (Other), #1153 MOTION Thirteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1156 Notice (Other), #1154 MOTION Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (srm).
December 7, 2015 Opinion or Order Filing 1156 NOTICE by Thomas C. Hebrank re #1155 Notice (Other), Amended Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals (Fates, Edward) (srm).
December 7, 2015 Opinion or Order Filing 1155 NOTICE by Thomas C. Hebrank re #1153 MOTION Thirteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1154 MOTION Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (srm).
December 7, 2015 Opinion or Order Filing 1154 MOTION Thirteenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (srm).
December 7, 2015 Opinion or Order Filing 1153 MOTION Thirteenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (srm).
November 25, 2015 Opinion or Order Filing 1152 REPLY to Response to Motion re #1137 MOTION for Injunctive Relief, Monetary Remedies, and Final Judgment against Defendant Louis V. Schooler filed by Securities and Exchange Commission. (Kalin, Sara). (jah).
November 23, 2015 Opinion or Order Filing 1151 RESPONSE re #1150 Letter Receiver's Response to Letter Filed by Tami A. Boschee filed by Thomas C. Hebrank. (Fates, Edward) (dlg).
November 17, 2015 Opinion or Order Filing 1150 Letter from Tami A. Boschee re Crystal Clearwater Partners, Night Hawk Partners, P-39 Aircobra Partners, Pecos Partners, Pyramid Highway 177 Partners. (srm)
November 13, 2015 Opinion or Order Filing 1149 RESPONSE in Opposition re #1137 MOTION for Injunctive Relief, Monetary Remedies, and Final Judgment against Defendant Louis V. Schooler filed by Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (srm).
November 10, 2015 Opinion or Order Filing 1148 STATUS REPORT Receiver's Thirteenth Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
November 6, 2015 Opinion or Order Filing 1147 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting Document: Letter re RE: Lyons Valley Partners Operating Expense Billing from Mark Iwanowski. Non-compliance with local rule(s), OTHER: L.R. 83.9 Ex Parte communication with Judge prohibited; Attorneys and parties must not send copies to the judge of letters sent to others. Signed by Judge Gonzalo P. Curiel on 11/6/2015. (srm) (Additional attachment(s) added on 11/6/2015: #1 Rejected Document) (srm).
November 6, 2015 Opinion or Order Filing 1146 ORDER by Judge Gonzalo P. Curiel, Court Vacates Final Pretrial Conference scheduled for 11/13/2015 case has settled.(no document attached) (lsf)
November 6, 2015 Opinion or Order Filing 1145 STATUS REPORT Receiver's Further Recommendation Regarding Letters of Intent to Purchase Fernley I, Washoe IV, And Washoe V Properties by Thomas C. Hebrank. (Fates, Edward) (srm).
October 23, 2015 Opinion or Order Filing 1144 STATUS REPORT Receivers Further Recommendation Regarding Offers Received for Las Vegas 1 Properties by Thomas C. Hebrank. (Fates, Edward) (srm).
October 21, 2015 Opinion or Order Filing 1143 Letter re Disgorgement Ruling from Mark and Gwen Iwanowski. (srm)
October 21, 2015 Opinion or Order Filing 1142 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter. Non-compliance with local rule(s), OTHER: L.Civ.R. 83.9 - Ex parte communication is prohibited. Not parties to the case. Signed by Judge Gonzalo P. Curiel on 10/21/2015.(All non-registered users served via U.S. Mail Service)(srm)
October 8, 2015 Opinion or Order Filing 1141 ORDER Granting #1110 Motion For Approval of Settlement Agreement. Signed by Judge Gonzalo P. Curiel on 10/8/2015. (All non-registered users served via U.S. Mail Service)(srm)
September 29, 2015 Opinion or Order Filing 1140 ORDER Resetting #1139 Briefing Schedule re #1137 : Any opposition shall be filed on or before November 13, 2015. Any reply shall be filed on or before November 27, 2015. A hearing is set for December 17, 2015, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/29/15. (dlg)
September 29, 2015 Opinion or Order Filing 1139 Joint MOTION Continue Briefing Schedule re #1138 Order Setting Briefing Schedule, by Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (srm).
September 25, 2015 Opinion or Order Filing 1138 ORDER Setting Briefing Schedule re #1137 MOTION for Injunctive Relief, Monetary Remedies, and Final Judgment against Defendant Louis V. Schooler: Responses due by 10/30/2015, Replies due by 11/13/2015. Motion Hearing set for 12/4/2015 at 1:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 9/25/2015. (srm)
September 25, 2015 Opinion or Order Filing 1137 MOTION for Injunctive Relief, Monetary Remedies, and Final Judgment against Defendant Louis V. Schooler by Securities and Exchange Commission. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Sara D. Kalin and Exhibits 1-4 (pages 1-33), #3 Exhibits 4-5 (pages 34-41))(Kalin, Sara) (srm).
September 16, 2015 Opinion or Order Filing 1135 ORDER granting #1131 Motion to File Documents Under Seal. Signed by Judge Gonzalo P. Curiel on 9/16/2015. (sjt)
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)
September 4, 2015 Opinion or Order Filing 1133 NOTICE by Thomas C. Hebrank Notice Regarding Declined Letters of Intent for Silver Springs North and Silver Springs South Properties (Fates, Edward) (srm).
September 4, 2015 Opinion or Order Filing 1132 (Field as Sealed Document 1136 on 9/16/2015) SEALED LODGED Proposed Document re: #1131 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (sjt). (rlr). Modified to add filnig date of lodgement on 9/16/2015 (sjt).
September 4, 2015 Opinion or Order Filing 1131 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (sjt).
September 3, 2015 Opinion or Order Filing 1130 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1126 MOTION Twelfth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1128 MOTION Fifth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1129 Notice (Other),, #1127 MOTION Twelfth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver (Fates, Edward) (dlg).
September 3, 2015 Opinion or Order Filing 1129 NOTICE by Thomas C. Hebrank re #1126 MOTION Twelfth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1128 MOTION Fifth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1127 MOTION Twelfth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals (Fates, Edward) (dlg).
September 3, 2015 Opinion or Order Filing 1128 MOTION Fifth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 3, 2015 Opinion or Order Filing 1127 MOTION Twelfth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
September 3, 2015 Opinion or Order Filing 1126 MOTION Twelfth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
August 31, 2015 Opinion or Order Filing 1123 ORDER granting #1112 Motion to File Documents Under Seal and Adopting Receiver's Recommendation. Signed by Judge Gonzalo P. Curiel on 8/28/2015. (sjt)
August 31, 2015 Opinion or Order Filing 1121 ORDER granting #1107 Motion to File Documents Under Seal. Signed by Judge Gonzalo P. Curiel on 8/28/2015. (sjt)
August 28, 2015 Opinion or Order Filing 1120 ORDER Adopting Receiver's Recommendation Regarding Las Vegas 2 Property re #1108 Sealed Lodged Proposed Document. Signed by Judge Gonzalo P. Curiel on 8/28/15.(dlg)
August 28, 2015 Opinion or Order Filing 1119 ORDER Setting Briefing Schedule re #1098 MOTION Fourth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1096 MOTION Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , #1097 MOTION Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver : Any opposition shall be filed on or before September 4, 2015. Any reply shall be filed on or before September 11, 2015. A hearing is set for September 25, 2015, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/28/15.(dlg)
August 21, 2015 Opinion or Order Filing 1118 ORDER Setting Briefing Schedule re #1110 MOTION Receiver's Notice of Motion and Motion for Approval of Settlement Agreement With Linmar IV, LLC : Any opposition shall be filed on or before September 11, 2015. Any reply shall be filed on or before September 15, 2015. A hearing is set for October 23, 2015, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/21/15.(dlg)
August 20, 2015 Opinion or Order Filing 1117 Letter Regarding Disgorgement Ruling with Attachment from Mark and Gwen Iwanowskl. Nunc pro tunc 6/8/15. (dlg)
August 20, 2015 Opinion or Order Filing 1116 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter Regarding Disgorgement Ruling with Attachment. Non-compliance with local rule(s), OTHER: Ex Parte Communication is prohibited by the court. Nunc Pro Tunc 6/8/15. Signed by Judge Gonzalo P. Curiel on 8/20/15.(dlg)
August 20, 2015 Opinion or Order Filing 1115 Letter Regarding Disgorgement Ruling from Joseph and Linda Richards. Nunc pro tunc 6/8/15 (dlg)
August 20, 2015 Opinion or Order Filing 1114 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter Regarding Disgorgement Ruling. Non-compliance with local rule(s), OTHER: Ex Parte Communication is prohibited by the court. Nunc Pro Tunc 6/8/15. Signed by Judge Gonzalo P. Curiel on 8/20/15.(dlg)
August 11, 2015 Opinion or Order Filing 1113 (Filed as Sealed Document 1124 on 8/31/2015) SEALED LODGED Proposed Document re: #1112 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (jao). (Main Document 1113 replaced on 8/31/2015) (sjt). Modified to add filing date of lodgement on 8/31/2015 (sjt).
August 11, 2015 Opinion or Order Filing 1112 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (jao).
August 7, 2015 Opinion or Order Filing 1111 ORDER Granting Second Joint Motion for Modification of Scheduling Order (Doc. No. #1109 ). Pretrial Order shall be lodged with the district judge's chambers on or before 11/6/2015. The Final Pretrial Conference scheduled on the calendar of Judge Curiel on September 18, 2015 at 1:30 p.m. is vacated and continued to November 13, 2015 at 1:30 p.m. Signed by Magistrate Judge Jan M. Adler on 8/7/2015. (cxl)
August 7, 2015 Opinion or Order Filing 1110 MOTION Receiver's Notice of Motion and Motion for Approval of Settlement Agreement With Linmar IV, LLC by Thomas C. Hebrank. (Attachments: #1 Declaration of Thomas C. Hebrank, #2 Proof of Service)(Fates, Edward) (cxl).
August 6, 2015 Opinion or Order Filing 1109 Joint MOTION to Continue Case Management Deadlines (Second Request) by Securities and Exchange Commission. (Kalin, Sara) (srm).
July 31, 2015 Opinion or Order Filing 1108 (Filed as Sealed Document 1122 on 8/31/2015. SEALED LODGED Proposed Document re: #1107 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward)(sjt). (Main Document 1108 replaced on 8/31/2015) (sjt). Modified to add filing date of lodgement on 8/31/2015 (sjt).
July 31, 2015 Opinion or Order Filing 1107 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (sjt).
July 31, 2015 Opinion or Order Filing 1106 NOTICE OF WITHDRAWAL OF DOCUMENT by Thomas C. Hebrank re #1105 Ex Parte MOTION for Permission to File Receiver's Further Recommendation Regarding Letter of Intent to Purchase Las Vegas 2 Property Under Seal filed by Thomas C. Hebrank . (Fates, Edward) (srm).
July 30, 2015 Opinion or Order Filing 1105 ***DOCUMENT WITHDRAWN by (Doc. #1106 )*** Ex Parte MOTION for Permission to File Receiver's Further Recommendation Regarding Letter of Intent to Purchase Las Vegas 2 Property Under Seal by Thomas C. Hebrank. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Fates, Edward) Modified on 7/31/2015, QC Mailer sent re procedures to seal and proposed orders (srm). Modified on 7/31/2015 to withdraw (srm).
July 30, 2015 Opinion or Order Filing 1104 ORDER by Judge Gonzalo P. Curiel, Motions Submitted #1092 MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , and #1091 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver , Court will prepare written order. Motion Hearing scheduled for 7/31/2015 is vacated. (no document attached) (lsf)
July 29, 2015 Opinion or Order Filing 1103 STATUS REPORT Receiver's Twelfth Interim Report by Thomas C. Hebrank. (Fates, Edward) (srm).
July 10, 2015 Opinion or Order Filing 1102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/29/2015, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Possell. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/31/2015. Redacted Transcript Deadline set for 8/10/2015. Release of Transcript Restriction set for 10/8/2015. (akr)
July 10, 2015 Opinion or Order Filing 1101 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 5/15/2015, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Possell. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/31/2015. Redacted Transcript Deadline set for 8/10/2015. Release of Transcript Restriction set for 10/8/2015. (akr)
July 10, 2015 Opinion or Order Filing 1100 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1099 Notice (Other),, #1098 MOTION Fourth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1097 MOTION Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1096 MOTION Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward)
July 10, 2015 Opinion or Order Filing 1099 NOTICE by Thomas C. Hebrank re #1098 MOTION Fourth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver , #1097 MOTION Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1096 MOTION Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver Notice of Hearing on Interim Applications for Approval and Payment of Compensation to Receiver and His Professionals (Fates, Edward) (dlg).
July 10, 2015 Opinion or Order Filing 1098 MOTION Fourth Interim Application for Approval and Payment of Fees and Costs to Duffy, Kruspodin & Company, LLP, as Tax Accountants for Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
July 10, 2015 Opinion or Order Filing 1097 MOTION Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
July 10, 2015 Opinion or Order Filing 1096 MOTION Eleventh Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (dlg).
June 29, 2015 Opinion or Order Filing 1095 ORDER Setting Briefing Schedule re #1092 MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1091 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver : Any opposition shall be filed on or before July 17, 2015. Any reply shall be filed on or before July 24, 2015. A hearing is set for July 31, 2015, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 6/29/15.(dlg)
June 23, 2015 Opinion or Order Filing 1094 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1092 MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1093 Notice (Other), #1091 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (srm).
June 23, 2015 Opinion or Order Filing 1093 NOTICE by Thomas C. Hebrank re #1092 MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver , #1091 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver (Fates, Edward) (srm).
June 23, 2015 Opinion or Order Filing 1092 MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel to Receiver by Thomas C. Hebrank. (Fates, Edward) (srm).
June 23, 2015 Opinion or Order Filing 1091 MOTION Tenth Interim Application for Approval and Payment of Fees and Costs to Thomas C. Hebrank, as Receiver by Thomas C. Hebrank. (Fates, Edward) (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 17, 2015 Opinion or Order Filing 1087 ORDER granting #1071 Motion to File Documents Under Seal and Adopting Receiver's Recommendation. Signed by Judge Gonzalo P. Curiel on 6/17/2015. (sjt)
June 17, 2015 Opinion or Order Filing 1086 ORDER granting #1061 Motion to File Documents Under Seal and Adopting Receiver's Recommendations. Signed by Judge Gonzalo P. Curiel on 6/17/2015. (sjt)
June 17, 2015 Opinion or Order Filing 1084 ORDER Approving #1065 Receiver's Eleventh Interim Report. Signed by Judge Gonzalo P. Curiel on 6/17/2015. (srm)
June 16, 2015 Opinion or Order Filing 1083 ORDER Granting #1082 Joint Motion to Continue Case Management Deadlines. Proposed Pretrial Order due by 9/11/2015. Final Pretrial Conference set for 9/18/2015 at 1:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 6/16/2015. (srm)
June 15, 2015 Opinion or Order Filing 1082 Joint MOTION to Continue Case Management Deadlines by Securities and Exchange Commission. (Dean, Lynn) (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'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)
June 1, 2015 Opinion or Order Filing 1080 ORDER of USCA as to #644 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler, First Financial Planning Corporation. Appellant's May 21, 2015 Motion to Voluntarily Dismiss Appeal is granted. Each party shall bear its own costs on appeal. The copy of this order shall constitute the mandate of the USCA. (akr)
May 29, 2015 Opinion or Order Filing 1079 Minute Order. for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 5/29/2015. Submitting, #1015 MOTION for Partial Summary Judgment Plaintiff Securities and Exchange Commissions Notice of Motion and Motion for Partial Summary Judgment on Its First and Second Claims for Relief filed by Securities and Exchange Commission. Written order to follow. (Court Reporter/ECR Chari Possell). (Plaintiff Attorney Sara Kalin; Sam Puathasnanon).(Defendant Attorney Philip Dyson; Dave Herman). (no document attached) (gac)
May 27, 2015 Opinion or Order Filing 1078 ORDER Approving #1077 Joint Motion to Continue Deadline for Receiver to Publish Court-Ordered Informational Packet. The deadline for the Receiver to publish the Court-ordered informational packets and send out the associated postcards and e-mail notices to investors is extended to June 15, 2015, or as soon thereafter as an updated appraisal or proposed broker list prices can be obtained for each General Partnership property. Signed by Judge Gonzalo P. Curiel on 5/27/15. (dlg)
May 26, 2015 Opinion or Order Filing 1077 Joint MOTION to Continue Deadline for Receiver to Publish Court-Ordered Informational Packets by Thomas C. Hebrank. (Fates, Edward) (dlg).
May 20, 2015 Opinion or Order Filing 1076 Letter from Mark Iwanowski. Nunc pro tunc 5/19/15 (dlg)
May 20, 2015 Opinion or Order Filing 1075 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Mark Iwanowski. Non-compliance with local rule(s), OTHER: Ex parte communication prohibited (Loc. R. 83.9). Nunc Pro Tunc 5/19/15. Signed by Judge Gonzalo P. Curiel on 5/20/15.(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; Denying 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. 685), 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 investors, $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 15, 2015 Opinion or Order Filing 1073 Minute Order for proceedings held before Judge Gonzalo P. Curiel:Motion Hearing held on 5/15/2015. #685 Motion for Partial Summary Judgment on Its Fourth Claim for Relief filed by Securities and Exchange Commission- Submitted Court will prepare a written order. (Court Reporter/ECR Chari Possell). (Plaintiff Attorney Sam Puathasnanon, Sara Kalin).(Defendant Attorney Philip Dyson, Dave Herman). (no document attached) (lsf)
May 15, 2015 Opinion or Order Filing 1072 (Filed as Sealed Document 1090 ) SEALED LODGED Proposed Document re: #1071 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (sjt). (Main Document 1072 replaced on 6/17/2015) (sjt). Modified to add filnig date of lodgement on 6/17/2015 (sjt).
May 15, 2015 Opinion or Order Filing 1071 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (sjt).
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)
May 12, 2015 Opinion or Order Filing 1069 ORDER Adopting the Receiver's Proposed Information Packet #1023 ; and, Adopting in Part the Receiver's Report and Recommendation #1056 . Signed by Judge Gonzalo P. Curiel on 5/12/15. (dlg)
May 11, 2015 Opinion or Order Filing 1068 ORDER Setting Hearing Date (re #685 ): A hearing on the SEC's initial partial summary judgment motion is set for May 15, 2015, at 1:30 p.m. in Courtroom 2D; The briefing deadlines and hearing on the SEC's amended motion, (ECF No. 1064), are stayed; and If necessary, the Court will issue a revised briefing schedule and hearing date on the SEC's amended motion, (ECF No. 1064), following the May 15, 2015, hearing. Signed by Judge Gonzalo P. Curiel on 5/11/15.(dlg)
May 8, 2015 Opinion or Order Filing 1067 REPLY to Response to Motion re #1064 Amended MOTION for Partial Summary Judgment on Plaintiff's Fourth Claim for Relief, #1015 MOTION for Partial Summary Judgment Plaintiff Securities and Exchange Commissions Notice of Motion and Motion for Partial Summary Judgment on Its First and Second Claims for Relief filed by Securities and Exchange Commission. (Attachments: #1 Statement of Facts Response to Defendants' Additional Material Facts, #2 Declaration Declaration of Sara D. Kalin)(Puathasnanon, Sam) (dlg).
May 1, 2015 Opinion or Order Filing 1066 Joint MOTION for Hearing 1. Rescheduling of Haring Date and Modification of Briefing Schedule (Plaintiff's Motion for Partial Summary Judgment) 2: Modification of Scheduling Order by First Financial Planning Corporation, Louis V. Schooler. (Attachments: #1 Proof of Service)(Dyson, Philip) (dlg).
April 30, 2015 Opinion or Order Filing 1065 STATUS REPORT Receiver's Eleventh Interim Report by Thomas C. Hebrank. (Fates, Edward) (dlg).
April 24, 2015 Opinion or Order Filing 1064 Amended MOTION for Partial Summary Judgment on Plaintiff's Fourth Claim for Relief by Securities and Exchange Commission. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration, #4 Proof of Service)(Kalin, Sara) (dlg).
April 24, 2015 Opinion or Order Filing 1063 RESPONSE in Opposition re #1015 MOTION for Partial Summary Judgment Plaintiff Securities and Exchange Commissions Notice of Motion and Motion for Partial Summary Judgment on Its First and Second Claims for Relief filed by First Financial Planning Corporation, Louis V. Schooler. (Attachments: #1 Statement of Facts, #2 Declaration, #3 Declaration, #4 Proof of Service)(Dyson, Philip) (dlg).
April 24, 2015 Opinion or Order Filing 1062 (Filed as Sealed Document 1089 )SEALED LODGED Proposed Document re: #1061 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (sjt). (Main Document 1062 replaced on 6/17/2015) (sjt). Modified to add filing date of lodgement on 6/17/2015 (sjt).
April 24, 2015 Opinion or Order Filing 1061 MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (sjt).
April 23, 2015 Opinion or Order Filing 1060 ORDER Granting #1059 Ex Parte Motion to Withdraw as Counsel. Attorney Edward P Swan, Jr terminated. Signed by Judge Gonzalo P. Curiel on 4/23/15. (dlg)
April 22, 2015 Opinion or Order Filing 1059 Ex Parte MOTION to Withdraw as Attorney by First Financial Planning Corporation, Louis V. Schooler. (Attachments: #1 Declaration, #2 Proof of Service)(Swan, Edward) (dlg).
April 21, 2015 Opinion or Order Filing 1058 Letter from Mark and Gwen Iwanowski. Nunc pro tunc 4/20/15. (dlg)
April 21, 2015 Opinion or Order Filing 1057 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter. Non-compliance with local rule(s), OTHER: Ex Parte Communication is prohibited by the court; No proof of service. Nunc Pro Tunc 4/20/15. Signed by Judge Gonzalo P. Curiel on 4/21/15.(dlg)
April 17, 2015 Opinion or Order Filing 1056 MOTION re STATUS REPORT Report and Recommendation Regarding Course of Action for General Partnerships by Thomas C. Hebrank. (Fates, Edward) QC mailer sent re wrong event selected. Modified docket text to reflect proper event (dlg).
April 13, 2015 Opinion or Order Filing 1055 Letter from Stephen and Polly Yue. (Filed Nunc Pro Tunc 4/10/2015) (kcm)
April 13, 2015 Opinion or Order Filing 1054 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex Parte Letter filed by Stephen and Polly Yue. Non-compliance with local rule(s), OTHER: Ex Parte Communications. Nunc Pro Tunc 4/10/2015. Signed by Judge Gonzalo P. Curiel on 4/13/2015.(kcm)
April 8, 2015 Opinion or Order Filing 1053 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Mandatory Settlement Conference held on 4/8/2015(Plaintiff Attorney Sam Puathasnanon & Sara Kalin). (Defendant Attorney Philip Dyson, David Herman, Eric Hougen & Edward Swan). (no document attached) (kxb)
April 8, 2015 Opinion or Order Filing 1052 Letter from Colonel A.G. Wilcox. Nunc pro tunc 4/6/15. (dlg)
April 8, 2015 Opinion or Order Filing 1051 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex parte letter from non-party from Colonel A.G. Wilcox. Non-compliance with local rule(s), OTHER: Ex parte communications. Nunc Pro Tunc 4/6/15. Signed by Judge Gonzalo P. Curiel on 4/8/15.(dlg)
April 8, 2015 Opinion or Order Filing 1050 Letter from Harry Morgan. Nunc pro tunc 4/7/15. (dlg)
April 8, 2015 Opinion or Order Filing 1049 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Harry Morgan. Non-compliance with local rule(s), OTHER: Ex Parte communication with the Court prohibited. Nunc Pro Tunc 4/7/15. Signed by Judge Gonzalo P. Curiel on 4/8/15.(dlg)
April 8, 2015 Opinion or Order Filing 1048 Letter from Terry Adkinson. Nunc pro tunc 4/7/15. (dlg)
April 8, 2015 Opinion or Order Filing 1047 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Terry Adkinson. Non-compliance with local rule(s), OTHER: Ex Parte communication with the Court prohibited. Nunc Pro Tunc 4/7/15. Signed by Judge Gonzalo P. Curiel on 4/8/15.(dlg)
April 8, 2015 Opinion or Order Filing 1046 Letter from Marilyn Billings. Nunc pro tunc 4/7/15. (dlg)
April 8, 2015 Opinion or Order Filing 1045 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Marilyn Billings. Non-compliance with local rule(s), OTHER: Ex Parte communication with the Court prohibited. Nunc Pro Tunc 4/7/15. Signed by Judge Gonzalo P. Curiel on 4/8/15.(dlg)
April 8, 2015 Opinion or Order Filing 1044 CERTIFICATE OF SERVICE by Thomas C. Hebrank re #1043 Declaration (Fates, Edward) (dlg).
April 7, 2015 Opinion or Order Filing 1043 DECLARATION re #1036 Letter Declaration of Thomas C. Hebrank Responding to Letter from Investor Mark Iwanowski by Receiver Thomas C. Hebrank. (Fates, Edward) qc mailer re missing certificate of service(dlg).
April 7, 2015 Opinion or Order Filing 1042 Letter from David Lester. Nunc pro tunc 4/6/15. (dlg)
April 7, 2015 Opinion or Order Filing 1041 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter. Non-compliance with local rule(s), OTHER: Ex Parte communication with the Court prohibited. Nunc Pro Tunc 4/6/15. Signed by Judge Gonzalo P. Curiel on 4/7/15.(dlg)
April 6, 2015 Opinion or Order Filing 1039 ORDER granting #1027 Motion to File Documents Under Seal and Adopting Receiver's recommendation regarding letters of intent received regarding four General Partnerships. Signed by Judge Gonzalo P. Curiel on 4/6/2015. (sjt)
April 3, 2015 Opinion or Order Filing 1038 Letter from Elsie Shrawder. Nunc pro tunc 4/1/15. (All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1037 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Elsie Shrawder. Non-compliance with local rule(s), OTHER: Not a party to the case. Nunc Pro Tunc 4/1/15. Signed by Judge Gonzalo P. Curiel on 4/3/15.(All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1036 Letter from Mark Iwanowski. Nunc pro tunc 4/1/15. (All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1035 ORDER of USCA as to #514 Notice of Appeal to 9th Circuit, filed by Securities and Exchange Commission, #644 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler, First Financial Planning Corporation, #645 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler, First Financial Planning Corporation, #499 Notice of Appeal to 9th Circuit, filed by Louis V. Schooler, First Financial Planning Corporation. The Motion of the Securities and Exchange Commission to Consolidate Case Nos. 14-56313 and 14-56315 with Case Nos. 13-56761 and 13-56948, filed on August 25, 2014, is granted in part, and denied in part as follows. The Motion to Consolidate as to Case No. 14-56315 is granted, and the Motion to Consolidate as to Case No. 14-56313 is denied. The appeals in Case Nos. 13-56761, 13-56948, and 14-56315, are dismissed as moot. This order constitutes the mandate of the USCA as to Nos. 13-56761, 13-56948 and 14-56315. (akr)
April 3, 2015 Opinion or Order Filing 1034 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter. Non-compliance with local rule(s), OTHER: Not a party to the case. Nunc Pro Tunc 4/1/15. Signed by Judge Gonzalo P. Curiel on 4/3/15.(All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1033 Letter from Non-party Investor: Cathy Maurer. Nunc pro tunc 3/30/15. (All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1032 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Ex parte letter re: Receivership from Non-party Investor: Cathy Maurer. Non-compliance with local rule(s), OTHER: Ex Parte letter. Nunc Pro Tunc 3/30/15. Signed by Judge Gonzalo P. Curiel on 4/3/15.(All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1031 Letter from Terry A. Adkinson. Nunc pro tunc 4/1/15. (All non-registered users served via U.S. Mail Service)(dlg)
April 3, 2015 Opinion or Order Filing 1030 Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Accepting Document: Letter from Terry A. Adkinson. Non-compliance with local rule(s), OTHER: Not a party to the case. Nunc Pro Tunc 4/1/15. Signed by Judge Gonzalo P. Curiel on 4/3/15.(All non-registered users served via U.S. Mail Service)(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 defic