Securities and Exchange Commission v. Champion-Cain et al
| Securities and Exchange Commission |
| American National Investments, Inc., Gina Champion-Cain, ANI Development, LLC and Chicago Title Company |
| Marc Shular and William Adams |
| Krista Freitag |
| The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014, Susan Heller Fenley Separate Property Trust, DTD, Susan Heller Fenley Inherited Roth IRA and Shelley Lynn Tarditi Trust |
| 3:2019cv01628 |
| August 28, 2019 |
| US District Court for the Southern District of California |
| Larry Alan Burns |
| Allison H Goddard |
| Marilyn L Huff |
| Barbara Lynn Major |
| Securities/Commodities |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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Filing 1011
SEALED LODGED Proposed Document re: #1010 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (rmc).
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Filing 1010
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (rmc).
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Filing 1009
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #1008 MOTION Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag , #1007 MOTION Eleventh Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag (Attachments: #1 Proof of Service)(Fates, Edward)
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Filing 1008
MOTION Eleventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Fates, Edward) (rmc).
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Filing 1007
MOTION Eleventh Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Fates, Edward) (rmc).
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Filing 1006
ORDER of USCA as to #972 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. (All non-registered users served via U.S. Mail Service)(dim)(jrd)
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Filing 1005
ORDER of USCA as to #934 Notice of Appeal to 9th Circuit, filed by Ovation Fund Management II LLC.(All non-registered users served via U.S. Mail Service)(dim)(jrd)
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Filing 1004
STATUS REPORT Receiver's Sixteenth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (rmc).
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Filing 1003
DISPOSITIVE CLERK ORDER of USCA as to #997 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. Appellant's motion to dismiss this appeal is granted. This appeal is DISMISSED. (mjw)(jrd)
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Filing 1002
STATUS REPORT Receiver's Fifteenth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (rmc).
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Filing 1001
NOTICE of Allowed Claim Adjustments by Krista Freitag (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Proof of Service)(Fates, Edward) (jms).
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Filing 1000
USCA Time Schedule Order as to #997 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/30/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/29/2023.). (All non-registered users served via U.S. Mail Service)(smy1)
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Filing 999
USCA Case Number 23-55413 for #997 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. (Attachments: #1 Attention All Parties and Counsel, #2 Case Opening Packet, #3 Mediation Letter, #4 Mediation Form)(All non-registered users served via U.S. Mail Service)(smy1)
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Filing 998
DISPOSITIVE CLERK ORDER of USCA as to #942 Notice of Appeal to 9th Circuit, filed by Calprivate Bank. Appellant's motion to dismiss this appeal is granted. (All non-registered users served via U.S. Mail Service)(smy1)(jrd)
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Filing 997
NOTICE OF APPEAL to the 9th Circuit as to #995 Order on Motion for Order by Kim H. Peterson. (Filing fee $505.00 receipt number ACASDC-17800761.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Exhibit Dkt. 995 - Order)(Brown, Seanna)(smy1)(jrd)
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Filing 996
ORDER of USCA as to #972 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. Appellants' motion for a stay pending appeal is denied. The opening brief and excerpts of record remain due June 23, 2023. The answering briefs remain due July 24, 2023. The optional reply brief remains due within 21 days after service of the last-served answering brief. (smy1)(jrd)
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Filing 995
ORDER Approving #956 Settlement Between Receiver and CalPrivate Bank. Signed by Judge Larry Alan Burns on 4/24/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 994
NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 4/10/2023 before Judge Larry Alan Burns, re #972 Notice of Appeal to 9th Circuit, Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 5/11/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/19/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 993
ORDER Approving #964 Settlement with Illa Designs, LLC, John Eric Churilla,and Nicole Lorraine Churilla. Signed by Judge Larry Alan Burns on 4/18/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 991
ORDER Granting #970 Motion to Seal Portion of Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP. Signed by Judge Larry Alan Burns on 4/18/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 990
ORDER Approving #968 Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP. Signed by Judge Larry Alan Burns on 4/18/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 989
ORDER Approving #967 Tenth Interim Fee Application of Receiver Krista L. Freitag. Signed by Judge Larry Alan Burns on 4/18/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 988
NOTICE of Interim Distribution by Krista Freitag (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (rmc).
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Filing 987
Minute Order. On April 10, 2023, the Court held a hearing on non-parties Kim H. Peterson, Kim Funding, LLC, and ABC Funding Strategies, LLC's (collectively, the "Peterson Parties") motion to stay distribution of Receivership funds pending appeal. #973 . For the reasons stated at the hearing, the motion is DENIED. However, the Court orders that further distributions of Receivership funds be STAYED for fourteen (14) days to allow the Peterson Parties to seek a stay from the Ninth Circuit. The stay will expire at 12:00 a.m. on April 25, 2023. Signed by Judge Larry Alan Burns on 4/10/2023. (All non-registered users served via U.S. Mail Service) (Court Reporter: Juliet Eichenlaub) (Plaintiff Counsel Kathryn Wanner) (Other Counsel Seanna Rose Brown; Edward Fates; Michael Yoder) (rmc)
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Filing 986
NOTICE of Allowed Claim Adjustments by Krista Freitag (Attachments: #1 Exhibit A)(Fates, Edward) (rmc).
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Filing 985
ORDER Granting #983 Motion to Appear Telephonically. Signed by Judge Larry Alan Burns on 4/5/2023.(All non-registered users served via U.S. Mail Service)(rmc)
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Filing 984
ORDER Granting #973 Request for Oral Argument; Granting #975 Motion to Appear Telephonically; and Vacating #964 #967 #968 #970 Hearings. Signed by Judge Larry Alan Burns on 4/4/2023. (All non-registered users served via U.S. Mail Service)(rmc)
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Filing 983
MOTION for Leave to Appear Telephonically or by Videoconference by ABC Funding Strategies, LLC, Kim Funding, LLC, Kim H. Peterson. (Brown, Seanna) (rmc).
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Filing 982
NOTICE OF WITHDRAWAL OF DOCUMENT by ABC Funding Strategies, LLC, Kim Funding, LLC, Kim H. Peterson re #980 Reply to Response to Motion filed by ABC Funding Strategies, LLC, Kim H. Peterson, Kim Funding, LLC . (Attard, Lauren) (rmc).
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Filing 981
REPLY to Response to Motion re #973 MOTION to Stay Distribution of the Receivership Funds Pending Appeal filed by ABC Funding Strategies, LLC, Kim Funding, LLC, Kim H. Peterson. (Brown, Seanna) QC mail sent re duplicate filing (rmc).
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Filing 980
*** Withdrawn per #982 Notice ** REPLY to Response to Motion re #973 MOTION to Stay Distribution of the Receivership Funds Pending Appeal filed by ABC Funding Strategies, LLC, Kim Funding, LLC, Kim H. Peterson. (Attard, Lauren) (rmc). Modified on 4/4/2023 (rmc).
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Filing 979
RESPONSE in Opposition re #973 MOTION to Stay Distribution of the Receivership Funds Pending Appeal filed by Krista Freitag. (Attachments: #1 Declaration of Krista Freitag, #2 Exhibit Index, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (rmc).
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Filing 978
USCA Time Schedule Order as to #972 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 4/12/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 5/12/2023.). (All non-registered users served via U.S. Mail Service)(smy1)
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Filing 977
USCA Case Number 23-55252 for #972 Notice of Appeal to 9th Circuit, filed by Kim H. Peterson. (Attachments: #1 Attention All Parties and Counsel, #2 Case Opening Packet, #3 Mediation Letter, #4 Mediation Form)(All non-registered users served via U.S. Mail Service)(smy1)
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Filing 976
MINUTE ORDER: Currently on calendar for Monday, March 20, 2023 at 11:30 a.m. is a hearing on the Joint Motion for Approval of Settlement Between Receiver and CalPrivate Bank. (Dkt. #956 ). The Court has reviewed the briefing and finds that motion suitable for decision without a hearing or oral argument. The hearing is VACATED. No appearances will be required in this case on March 20, 2023.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 975
MOTION for Leave to Appear Telephonically or by Videoconference During the Covid-19 Public Emergency by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) (jms).
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Filing 974
REPLY - Other re #956 Joint MOTION for Order for Approval of Settlement Between Receiver and CalPrivate Bank Receiver and CalPrivate Bank's Joint Reply in Support of Joint Motion for Approval of Settlement Between Receiver and CalPrivate Bank filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 973
MOTION to Stay Distribution of the Receivership Funds Pending Appeal by Kim H. Peterson. (Attachments: #1 Memo of Points and Authorities)(Brown, Seanna)(jms).
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Filing 972
NOTICE OF APPEAL to the 9th Circuit by Kim H. Peterson. ( Filing fee $ 505 receipt number ACASDC-17659929.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Exhibit Dkt. 958 - Order)(Brown, Seanna) (smy1).
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Filing 971
SEALED LODGED Proposed Document re: #970 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward)(jms).
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Filing 970
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (jms).
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Filing 969
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #968 MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #967 MOTION Tenth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 968
MOTION Tenth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Fates, Edward) (jms).
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Filing 967
MOTION Tenth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Fates, Edward) (jms).
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Filing 966
STATUS REPORT Receiver's Fourteenth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (jms).
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Filing 965
OBJECTION by Kim H. Peterson re #956 Joint MOTION for Order for Approval of Settlement Between Receiver and CalPrivate Bank . (Brown, Seanna) (jms).
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Filing 964
MOTION for Order for Approval of Settlement with Illa Designs, LLC, John Eric Churilla, and Nicole Lorraine Churilla by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista Freitag, #3 Exhibit Index, #4 Exhibit A, #5 Proof of Service)(Fates, Edward) (jms).
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Filing 962
ORDER granting #951 Motion to Seal Portion of the Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP. Signed by Judge Larry Alan Burns on 2/27/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 961
ORDER granting Approving Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP. [Dkt. #949 ] Signed by Judge Larry Alan Burns on 2/27/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 960
ORDER Approving Ninth Interim Fee Application of Receiver Krista Freitag. [Dkt. #948 ] Signed by Judge Larry Alan Burns on 2/27/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 959
ORDER (1) Approving Fourth Partial Settlements Of Related Clawback Action Against La Jolla Bridge, LLC, [Dkt. #931 ]; And (2) Denying as Moot Motion for Leave to Appear to Appear Telephonically [Dkt. #939 ]. Signed by Judge Larry Alan Burns on 2/27/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 958
ORDER (1) Approving Receiver's Recommended Treatment of Claims (Allowed, Disallowed, Disputed), [Dkt. 807-12, 807-15, 853-3]; (2) Approving Distribution Methodology, [Dkt. #807 ]; (3) Approving Proposed Distribution Plan, [Dkt. #807 ]; And (4) Granting Leave to File Excess Pages, [Dkt. #806 ]. Signed by Judge Larry Alan Burns on 2/24/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 957
ORDER Setting Briefing Schedule and Hearing Date on Joint Motion for Approval of Settlement With Calprivate Bank #956 : Motion Hearing set for 3/20/2023 11:30 AM before Judge Larry Alan Burns.. Signed by Judge Larry Alan Burns on 2/24/2023.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 956
Joint MOTION for Order for Approval of Settlement Between Receiver and CalPrivate Bank by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Declaration of Krista L. Freitag, #4 Proof of Service)(Fates, Edward) (jms).
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Filing 955
MINUTE ORDER: Currently on calendar for Monday, February 27, 2023 at 11:30 am is a hearing on the Ninth Interim Fee Application of Krista Freitag, (Dkt. #948 ), the Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, (Dkt. #949 ), and the Receivers Motion to File a Portion of the Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP Under Seal, (Dkt. #951 ). The Court has reviewed the briefing and finds those motions suitable for resolution without oral argument. The hearing is VACATED. No appearances before Judge Burns will be required in this case on February 27, 2023.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 954
USCA Time Schedule Order as to #942 Notice of Appeal to 9th Circuit,, filed by Calprivate Bank. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 2/22/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 3/24/2023.). (All non-registered users served via U.S. Mail Service)(smy1)
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Filing 953
USCA Case Number 23-55083 for #942 Notice of Appeal to 9th Circuit, filed by Calprivate Bank. (Attachments: #1 Attention All Parties and Counsel, #2 Case Opening Packet, #3 Mediation Letter, #4 Mediation Form)(All non-registered users served via U.S. Mail Service)(smy1)
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Filing 952
SEALED LODGED Proposed Document re: #951 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (jms).
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Filing 951
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (jms).
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Filing 950
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #949 MOTION Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #948 MOTION Ninth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses (Attachments: #1 Proof of Service)(Fates, Edward)(jms).
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Filing 949
MOTION Ninth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Fates, Edward) (jms).
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Filing 948
MOTION Ninth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Fates, Edward)(jms).
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Filing 946
ORDER Granting Motion to Seal Portion Of Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP (Doc. No #910 ). Signed by Judge Larry Alan Burns on 1/25/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 945
ORDER Approving Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP (Doc. No. #908 ). Signed by Judge Larry Alan Burns on 1/25/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 944
ORDER Approving Eighth Interim Fee Application of Receiver Krista L. Freitag(Doc. No. #907 ). Signed by Judge Larry Alan Burns on 1/25/2023. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 943
TRANSCRIPT DESIGNATION AND ORDERING FORM by Ovation Fund Management II LLC for proceedings held on August 31, 2022 re #934 Notice of Appeal to 9th Circuit,,. (Murphy, Paul) (smy1).
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Filing 942
NOTICE OF APPEAL to the 9th Circuit as to #927 Order on Motion for Miscellaneous (Other 1), #926 Order on Motion for Order,, Order on Motion for Leave to File Document,, Order on Motion for Miscellaneous Relief,, Order on Motion for Leave to Appear, by Calprivate Bank. ( Filing fee $ 505 receipt number ACASDC-17520847.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Index of Exhibits & Exhibits, #2 Certificate of Service)(Yoder, Michael) (smy1).
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Filing 941
MINUTE ORDER: Currently on calendar for Monday, January 23, 2023 at 11:30 a.m. is a hearing on the Receivers Motion to Approve Fourth Partial Settlement of Related Clawback Action Against La Jolla Bridge, LLC. (Dkt. #931 ). No oppositions have been filed. The Court has reviewed the briefing and finds this motion suitable for resolution without oral argument. The hearing is VACATED. No appearances will be required in this case on January 23, 2023.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 940
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Settlement Conference held on 1/13/2023 between the Receiver and CalPrivate Bank regarding whether CalPrivate Bank will appeal the Court's approval of the settlement between the Receiver and Chicago Title. The Receiver and CalPrivate Bank did not come to an agreement, but the Court will continue to facilitate settlement discussions between the two. (Ted Fates for Receiver Krista Freitag; Michael Yoder and John Stephens for interested non-party CalPrivate Bank).(no document attached) (kxm)
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Filing 939
MOTION for Leave to Appear Telephonically or by Videoconference During the Covid-19 Public Emergency by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) (ave).
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Filing 938
USCA Time Schedule Order as to #934 Notice of Appeal to 9th Circuit, filed by Ovation Fund Management II LLC. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 1/20/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 2/21/2023.). (All non-registered users served via U.S. Mail Service)(smy1)(jrd)
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Filing 937
USCA Case Number 22-56208 for #934 Notice of Appeal to 9th Circuit, filed by Ovation Fund Management II LLC. (Attachments: #1 Attention All Parties and Counsel, #2 Case Opening Packet, #3 Mediation Letter)(All non-registered users served via U.S. Mail Service)(smy1)(jrd)
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Filing 936
USCA Time Schedule Order as to #933 Notice of Appeal to 9th Circuit, filed by Kim Funding, LLC. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 1/20/2023 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 2/21/2023.). (All non-registered users served via U.S. Mail Service)(smy1)(jrd)
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Filing 935
USCA Case Number 22-56206 for #933 Notice of Appeal to 9th Circuit, filed by Kim Funding, LLC. (Attachments: #1 Attention All Parties and Counsel, #2 Case Opening Packet, #3 Mediation Letter)(All non-registered users served via U.S. Mail Service)(smy1)(jrd)
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Filing 934
NOTICE OF APPEAL to the 9th Circuit as to #927 Order on Motion for Miscellaneous (Other 1), #928 Order, #926 Order on Motion for Order,, Order on Motion for Leave to File Document,, Order on Motion for Miscellaneous Relief,, Order on Motion for Leave to Appear, by Ovation Fund Management II LLC. ( Filing fee $ 505 receipt number ACASDC-17444566.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Exhibit Dkt. 926, #2 Exhibit Dkt. 927, #3 Exhibit Dkt. 928)(Murphy, Paul) (smy1).
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Filing 933
NOTICE OF APPEAL to the 9th Circuit as to #927 Order on Motion for Miscellaneous (Other 1), #926 Order on Motion for Order,, Order on Motion for Leave to File Document,, Order on Motion for Miscellaneous Relief,, Order on Motion for Leave to Appear, by Kim Funding, LLC. ( Filing fee $ 505 receipt number ACASDC-17444549.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: #1 Exhibit Dkt. 926 - Order, #2 Exhibit Dkt. 927 - Order)(Brown, Seanna) (smy1).
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Filing 932
ORDER Setting Settlement Conference Between the Receiver and Calprivate Bank, (Mandatory Settlement Conference set for 1/13/2023 02:00 PM before Magistrate Judge Allison H. Goddard.). Signed by Magistrate Judge Allison H. Goddard on 12/16/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 931
MOTION for Order to Approve Fourth Partial Settlement of Related Clawback Action Against La Jolla Bridge, LLC by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit Index, #4 Exhibit A, #5 Proof of Service)(Fates, Edward) (cxl1).
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Filing 930
STATUS REPORT Receiver's Thirteenth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (jms).
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Filing 929
ORDER Approving Partial Settlements of Related Clawback Action Against La Jolla Bridge, LLC (Dkt. No. #888 ). Signed by Judge Larry Alan Burns on 11/28/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 928
ORDER Entering Nossaman Bar Order. Signed by Judge Larry Alan Burns on 11/22/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 927
ORDER 1) Approving Global Settlement [Dkt. #795 , #796 ], And 2) Entering Chicago Title Bar Order. Signed by Judge Larry Alan Burns on 11/23/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 926
1) Overruling Objections to Global Settlement and Bar Orders [Dkt. #824 , #832 , #835 , #839 , #841 , #842 , #843 , #851 -1]; And 2) Granting Requests for Judicial Notice [Dkt. #795 -5, #902 -4]; 3) Denying Motion for Relief from Stay as Moot [Dkt. #849 ]; 4) Granting Leave to File Opposition [Dkt #823 ]; And 5) Granting Leave to Appear Telephonically [Dkt. #873 ]. Signed by Judge Larry Alan Burns on 11/23/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 925
ORDER granting #879 Motion for Order for Approval of Settlement Agreements with: 1) Merit Financial, Inc. and Ilan Awerbuch; 2) Randolph C. Houts, the Law Offices of Randolph C. Houts, and Power Process Inc. Signed by Judge Larry Alan Burns on 11/16/2022. (All non-registered users served via U.S. Mail Service)(sjt)
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Filing 924
MINUTE ORDER: Currently on calendar for Tuesday, November 15, 2022 at 11:30 a.m. is a hearing on the Receivers Motion for Approval of Settlement Agreements with: 1) Merit Financial, Inc. and Ilan Awerbuch; 2) Randolph C. Houts, the Law Offices of Randolph C. Houts, and Power Process, Inc. (Dkt. #879 ). No oppositions have been filed. The Court finds this motion suitable for decision without a hearing or oral argument. The hearing is VACATED. No appearances will be required in this case on November 15, 2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 923
NOTICE of Order Extending Stay of State Court Actions by Chicago Title Company (Attachments: #1 Exhibit A, #2 Proof of Service)(Strauss, Steven) (anh).
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Filing 922
RESPONSE re #921 Supplemental Briefing, Regarding Claims Allowance and Distribution Motion filed by Krista Freitag. (Attachments: #1 Declaration of Krista L. Freitag, #2 Exhibit Index, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proof of Service)(Fates, Edward) (jms).
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Filing 921
SUPPLEMENTAL BRIEFING by Interested Parties ABC Funding Strategies, LLC, Kim Funding, LLC re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan . (Attachments: #1 Declaration of Seanna R. Brown in Support of Supplemental Brief on Receiver's Distribution Motion)(Brown, Seanna) (jms).
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Filing 919
ORDER Granting Motion to Seal Portion Of Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP [Dkt. #793 ]. Signed by Judge Larry Alan Burns on 10/7/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 918
ORDER Approving Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP [Dkt. #791 ]. Signed by Judge Larry Alan Burns on 10/7/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 917
ORDER Approving Seventh Interim Fee Application of Receiver Krista L. Freitag [Dkt. #790 ]. Signed by Judge Larry Alan Burns on 10/7/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 916
NOTICE of Change of Address by Megan L. Donohue (Attachments: #1 Proof of Service)(Donohue, Megan) (jms).
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Filing 915
MINUTE ORDER: Currently on calendar for Tuesday, October 11, 2022 at 11:30 a.m. is a hearing on the Receivers Motion to Approve Partial Settlements of Related Clawback Action Against La Jolla Bridge, LLC. (Dkt. #888 ). The Court has reviewed the briefing and finds this motion suitable for resolution without oral argument. The hearing is VACATED. No appearances will be required in this case on October 11, 2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 914
ORDER (1) Denying Motion Requesting Oral Argument [Dkt. #886 ]; (2) Vacating Hearing on Motion Requesting Oral Argument [Dkt. #886 ]; and (3) Granting Leave to File Supplemental Briefing. Signed by Judge Larry Alan Burns on 10/5/2022. (jms)
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Filing 913
MINUTE ORDER: Currently on calendar for Monday, October 24, 2022 at 11:30 am is a hearing on the Eighth Interim Fee Applications of Krista Freitag, (Dkt. #907 ), and Allen Matkins Leck Gamble Mallory & Natsis LLP, (Dkt. #908 ). The Court has reviewed the briefing and finds those motions suitable for resolution without oral argument. The hearing is VACATED. No appearances before Judge Burns will be required in this case on October 24, 2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 912
SUPPLEMENTAL DOCUMENT by Krista Freitag re #909 Notice (Other),, Proof of Service. (Fates, Edward) (jms).
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Filing 911
SEALED LODGED Proposed Document re: #910 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (jms).
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Filing 910
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (jms).
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Filing 909
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #907 MOTION Eighth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses , #908 MOTION Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses (Fates, Edward) (jms).
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Filing 908
MOTION Eighth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Fates, Edward) (jms).
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Filing 907
MOTION Eighth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Fates, Edward) (jms).
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Filing 906
NOTICE of Joinder by Kamaljit K. Kapur, Shelley Lynn Tarditi Trust, Payson R. Stevens, Susan Heller Fenley Inherited Roth IRA, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Zinder, Jeffrey) (jms).
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Filing 905
NOTICE of Joinder by Kamaljit K. Kapur, Shelley Lynn Tarditi Trust, Payson R. Stevens, Susan Heller Fenley Inherited Roth IRA, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Zinder, Jeffrey) (jms).
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Filing 904
NOTICE of Joinder by Calprivate Bank re #897 Supplemental Briefing / Withdrawal of Joinder in Supplement Briefing re: Doc No 891 (Attachments: #1 Proof of Service)(Yoder, Michael) (jms).
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Filing 903
NOTICE of Joinder by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC re #877 Order to dkt 897 and 900 (Armstrong, James) (jms).
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Filing 902
SUPPLEMENTAL BRIEFING by Defendant Chicago Title Company re #877 Order . (Attachments: #1 Declaration of Megan L. Donohue, #2 Exhibit A, #3 Exhibit B, #4 Request for Judicial Notice, #5 Proof of Service)(Strauss, Steven) (jms).
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Filing 901
SUPPLEMENTAL BRIEFING by Interested Parties Marco Costales, Nossaman LLP RE NOSSAMAN ABILITY TO SEEK INDEMNITY FROM RECEIVER UNDER CALIFORNIA LAW. (Pott, Earll) (jms).
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Filing 900
SUPPLEMENTAL BRIEFING by Objector Ovation Fund Management II LLC re #885 Order on Motion for Leave to File Document, Third-Party Ovation Fund Management II LLCs Supplemental Brief Addressing California Law on Indemnity and Intentional Tortfeasors Pursuant to the Courts September 6, 2022 Order (Dkt. # 885). (Murphy, Paul) (jms).
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Filing 899
NOTICE OF WITHDRAWAL OF FILING MOTION Requesting Oral Argument on October 11, 2022 at 11:30 am re 807 by Kim H. Peterson re #892 Reply to Response to Motion, (Tencer, Philip) (jms).
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Filing 898
NOTICE OF WITHDRAWAL OF FILING SUPPLEMENTAL BRIEFING RE INDEMNITY ISSUE by Kim H. Peterson re #891 Supplemental Briefing (Tencer, Philip) (jms).
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Filing 897
SUPPLEMENTAL BRIEFING by Interested Parties ABC Funding Strategies, LLC, Kim Funding, LLC re #877 Order . (Brown, Seanna) (jms).
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Filing 896
CERTIFICATE OF SERVICE by ABC Funding Strategies, LLC, Kim Funding, LLC re #894 Reply to Response to Motion,, (Brown, Seanna) (jms).
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Filing 895
NOTICE of Joinder by Calprivate Bank re #891 Supplemental Briefing OF KIM FUNDING, LLC; ABC FUNDING STRATEGIES, LLC; AND KIM H. PETERSON ON INDEMNITY ISSUE (Attachments: #1 Proof of Service)(Yoder, Michael) (jms).
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Filing 894
REPLY to Response to Motion re #886 MOTION Requesting Oral Argument on October 11, 2022 at 11:30 am re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Propo, #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan filed by ABC Funding Strategies, LLC, Kim Funding, LLC. (Brown, Seanna) (jms).
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Filing 893
SUPPLEMENTAL BRIEFING by Receiver Krista Freitag re #877 Order in Support of Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company. (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 892
**Document withdrawn per #899 ** REPLY to Response to Motion re #886 MOTION Requesting Oral Argument on October 11, 2022 at 11:30 am re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Propo filed by Kim H. Peterson. (Tencer, Philip) qc mailer sent re incorrect s/ signature (jms). (jms).
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Filing 891
**Document withdrawn per #898 ** SUPPLEMENTAL BRIEFING by Interested Party Kim H. Peterson re #877 Order Re Indemnity Issue. (Tencer, Philip) qc mailer sent re incorrect s/ signature (jms). (jms).
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Filing 890
DECLARATION re #887 Order Setting Briefing Schedule, Declaration of Krista L. Freitag Regarding Notice Pursuant to Court's September 7, 2022 Order by Receiver Krista Freitag. (Fates, Edward) (jpp).
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Filing 889
RESPONSE in Opposition re #886 MOTION Requesting Oral Argument on October 11, 2022 at 11:30 am re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Propo filed by Krista Freitag. (Fates, Edward) (alns).
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Filing 888
MOTION for Order to Approve Partial Settlements of Related Clawback Action Against La Jolla Bridge, LLC by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit Index, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Proof of Service)(Fates, Edward) (alns).
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Filing 887
ORDER: (1) Approving Form and Manner of Notice (Dkt. #879 -1); and (2) Setting Briefing Schedule and Hearing Date. Motion Hearing set for 11/15/2022 11:30 AM before Judge Larry Alan Burns.. Signed by Judge Larry Alan Burns on 9/7/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 886
MOTION Requesting Oral Argument on October 11, 2022 at 11:30 am re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan by ABC Funding Strategies, LLC, Kim Funding, LLC. (Brown, Seanna) (jms).
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Filing 885
ORDER granting Non-Party Ovation Fund Management II LLC's Request for Leave to Address Nossaman LLP and Marco Cosates in Supplemental Brief re #881 . Signed by Judge Larry Alan Burns on 9/6/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 883
STATUS REPORT Receiver's Twelfth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward)(jms).
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Filing 882
OBJECTION by Marco Costales, Nossaman LLP re #881 Third Party MOTION for Leave to File Brief Addressing Nossaman LLP's Indemnity Claims in its Supplemental Brief Pursuant to the Court's September 1, 2022 Order (DKT #877) . (Pott, Earll)(jms).
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Filing 884
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 8/31/2022, before Judge Larry Alan Burns. Court Reporter/Transcriber Melinda S. Setterman. 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 9/22/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 11/30/2022. (All non-registered users served via U.S. Mail Service of NEF)(smy1)(jrd)
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Filing 881
Third Party MOTION for Leave to File Brief Addressing Nossaman LLP's Indemnity Claims in its Supplemental Brief Pursuant to the Court's September 1, 2022 Order (DKT #877) by Ovation Fund Management II LLC. (Murphy, Paul) QC mailer sent re missing hearing date and time (jms).
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Filing 880
SUPPLEMENTAL DOCUMENT by Krista Freitag re #879 MOTION for Order for Approval of Settlement Agreements with: 1) Merit Financial, Inc. and Ilan Awerbuch; 2) Randolph C. Houts, the Law Offices of Randolph C. Houts, and Power Process Inc. Proof of Service. (Fates, Edward) (jms).
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Filing 879
MOTION for Order for Approval of Settlement Agreements with: 1) Merit Financial, Inc. and Ilan Awerbuch; 2) Randolph C. Houts, the Law Offices of Randolph C. Houts, and Power Process Inc. by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit Index, #4 Exhibit 1, #5 Exhibit 2, #6 Proof of Service)(Fates, Edward) QC mailer sent re missing hearing date and time (jms).
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Filing 877
ORDER Directing Supplemental Briefing. Signed by Judge Larry Alan Burns on 8/31/2022.(jms)
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Filing 878
Minute Entry for proceedings held before Judge Larry Alan Burns: Motion Hearing held on 8/31/2022 as to Motion for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company, (Dkt. No. 795 ); and the Motion for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan, (Dkt. No. 807). Court to issue order. (Court Reporter/ECR Melinda Setterman). (Plaintiff Attorney Kathryn Wanner (via zoom)). (Defendant Attorney Megan Donohue, Steven Strauss). (Michael Yoder, John Stephens, Evan Jones, James Armstrong, Ted Fates, Philip Teneer; Laura Smith; Seanna Brown; Daniel Csillag; Miles Grant; Paul Murphy; Earll Pott; Heather Rosing (via zoom)).(no document attached) (tlw)
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Filing 876
ORDER: (1) denying #856 Motion for Leave to File; (2) denying #857 Motion to File Documents Under Seal; and (3) Directing Clerk to Strike Documents from Docket (Dkt. #858 and #859 . Signed by Judge Larry Alan Burns on 8/30/2022. (Attachments: #1 Rejected Document No. 858, #2 Rejected Document No. 859) (jms)
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Filing 875
MINUTE ORDER: On Wednesday, August 31, 2022 at 11:30 am, the Court will hear argument on two motions brought by the Receiver: the Motion for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company, (Dkt. No. #795 ); and the Motion for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan, (Dkt. No. #807 ). Interested members of the public who are unable to appear in person may listen to the proceedings by dialing (571) 353-2301 and providing the meeting ID 947603037 and passcode 2022. The phone line will be for listening only, not speaking. The Court will provide the video conference connection information on the morning of the hearing to those persons identified in Paragraph 1 of its #874 Order Granting Motions to Appear Telephonically. Signed by Judge Larry Alan Burns on 8/30/2022.(jms)
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Filing 874
ORDER granting Motion to Appear Telephonically (Docket Numbers #869 , #870 , and #872 ). Signed by Judge Larry Alan Burns on 8/25/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 873
MOTION for Leave to Appear Telephonically or by Videoconference During the Covid-19 Public Emergency by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) (sjt).
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Filing 872
MOTION for Leave to Appear Telephonically at Hearing re Motion for Approval of Settlement Agreement with Chicago Title and Chicago Title Insurance Company by Marco Costales, Nossaman LLP. (Rosing, Heather)(jms).
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Filing 871
MINUTE ORDER: Currently on calendar for Tuesday, August 30, 2022 at 11:30 am is a hearing on two motions brought by the Receiver: the Motion for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company, (Dkt. No. #795 ); and the Motion for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan, (Dkt. No. #807 ). Because of a conflict in the Courts calendar, the hearing is further continued to Wednesday, August 31, 2022 at 11:30 am. No appearances before Judge Burns will be required in this case on August 30, 2022.The hearing will be held in person. Any motions to appear telephonically must be filed nolater than Thursday, August 25 at 12:00 noon. Signed by Judge Larry Alan Burns on 8/24/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 870
Joint MOTION for Interested Parties to Attend August 30, 2022 Hearing Telephonically by Chicago Title Company. (Attachments: #1 Proof of Service)(Donohue, Megan) (jms).
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Filing 869
MOTION for Leave to Appear Telephonically or by Videoconference During the Covid-19 Public Emergency by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) (jms).
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Filing 868
ORDER Granting #864 Motion to Appear telephonically. Signed by Judge Larry Alan Burns on 8/23/2022. (All non-registered users served via U.S. Mail Service)(exs) (jms).
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Filing 867
MINUTE ORDER: Currently on calendar for Monday, August 29, 2022 at 11:30 am is a hearing on the Motion for Relief from Order Enjoining Suit Against Receivership Entities. (Dkt. #849 ). The Court has reviewed the briefing and finds that motion suitable for resolution without oral argument. The hearing is VACATED. No appearances before Judge Burns will be required in this case on August 29, 2022.(All non-registered users served via U.S. Mail Service)(exs) (jms).
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Filing 866
MINUTE ORDER: Currently on calendar for Monday, August 29, 2022 at 11:30 am is a hearing on two motions brought by the Receiver: the Motion for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company, (Dkt. No. #795 ); and the Motion for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan, (Dkt. No. #807 ). Because of a conflict in the Courts calendar, the hearing is continued to Tuesday, August 30, 2022 at 11:30 am. No appearances before Judge Burns will be required in this case on August 29, 2022.The hearing will be held in person. Any motions to appear telephonically must be filed nolater than Wednesday, August 24 at 12:00 noon.Signed by Judge Larry Alan Burns on 8/23/2022.(All non-registered users served via U.S. Mail Service)(exs) (jms).
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Filing 865
REPLY to Response to Motion re #849 MOTION for Relief from Order Enjoining Suit Against Receivership Entities filed by Marco Costales, Nossaman LLP. (Attachments: #1 Declaration of Earll M. Pott)(Pott, Earll) (jms).
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Filing 864
MOTION for Leave to Appear Telephonically at Hearing re Motion for Approval of Settlement Agreement with Chicago Title and Chicago Title Insurance Company by Marco Costales, Nossaman LLP. (Rosing, Heather)Attorney Heather Rosing added to party Marco Costales(pty:ip), Attorney Heather Rosing added to party Nossaman LLP(pty:ip) (jms).
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Filing 863
OBJECTION by Ovation Fund Management II LLC re #856 MOTION for Leave to File Reply to Limited Objection by Third-Party Ovation Fund Management II LLC to Receiver's Motion for Approval of Settlement Agreement with Chicago Title Entities and in support of Bar Order In Favor of Nossaman LLP . (Murphy, Paul) (jms).
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Filing 862
CERTIFICATE OF SERVICE by Chicago Title Company re #861 Notice of Joinder, #860 Reply - Other,,, in Support of Motion for Approval of Settlement Agreement (Attachments: #1 Proof of Service)(Donohue, Megan) (ave).
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Filing 861
NOTICE of Joinder by Chicago Title Company re #852 Reply to Response to Motion, to Strike and Evidentiary Objections (Donohue, Megan) (ave).
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Filing 860
REPLY - Other re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company filed by Chicago Title Company. (Attachments: #1 Declaration of M. Donohue In Support Of Joint Reply In Support Of Receiver's Motion For Approval Of Settlement Agreement, #2 Exhibit A to Declaration of M. Donohue In Support Of Joint Reply In Support Of Receiver's Motion For Approval Of Settlement Agreement, #3 Exhibit B to Declaration of M. Donohue In Support Of Joint Reply In Support Of Receiver's Motion For Approval Of Settlement Agreement, #4 Exhibit C to Declaration of M. Donohue In Support Of Joint Reply In Support Of Receiver's Motion For Approval Of Settlement Agreement)(Strauss, Steven)(ave).
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Filing 859
REPLY to Response to Motion re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company filed by Marco Costales, Nossaman LLP. (Attachments: #1 Declaration of Heather L. Rosing, #2 Notice of Lodgment, #3 Exhibit A, #4 Exhibit B, #5 Exhibit D, #6 Exhibit E, #7 Exhibit K, #8 Exhibit L, #9 Exhibit M, #10 Exhibit N, #11 Exhibit O)(Pott, Earll) (ave).
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Filing 858
SEALED LODGED Proposed Document re: #857 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Pott, Earll) (fth).
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Filing 857
MOTION to File Documents Under Seal (With attachments)(Pott, Earll) (fth).
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Filing 856
MOTION for Leave to File Reply to Limited Objection by Third-Party Ovation Fund Management II LLC to Receiver's Motion for Approval of Settlement Agreement with Chicago Title Entities and in support of Bar Order In Favor of Nossaman LLP by Marco Costales, Nossaman LLP. (Pott, Earll)(ave).
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Filing 855
SUPPLEMENTAL DOCUMENT by Krista Freitag re #852 Reply to Response to Motion, Proof of Service. (Fates, Edward) (ave).
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Filing 854
RESPONSE in Opposition re #849 MOTION for Relief from Order Enjoining Suit Against Receivership Entities filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward)(ave).
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Filing 853
REPLY to Response to Motion re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan filed by Krista Freitag. (Attachments: #1 Supplemental Declaration of Krista L. Freitag, #2 Exhibit Index, #3 Exhibit A, #4 Motion to Strike and Evidentiary Objections to Declaration of John Stephens, #5 Evidentiary Objections to Declaration of Karen Lister, #6 Proof of Service)(Fates, Edward)(ave).
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Filing 852
REPLY to Response to Motion re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company Evidentiary Objections to Declaration of John Stephens filed by Krista Freitag. (Attachments: #1 Motion to Strike and Evidentiary Objections to Declaration of Michael Yoder)(Fates, Edward)(ave).
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Filing 851
NOTICE of Publicly Filing Documents And Exhibits previously Lodged Under Seal in Support of Limited Objection to Receiver's Motion for Approval of Settlement Agreement with Chicago Title Entities Under Seal by Ovation Fund Management II LLC re #833 Objection,, (Attachments: #1 Objection, #2 Exhibit A, #3 Exhibit C, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit L, #10 Exhibit N)(Murphy, Paul) (ave).
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Filing 850
NOTICE of Withdrawal of Motion to Seal by Ovation Fund Management II LLC re #834 MOTION to File Documents Under Seal (Murphy, Paul) (ave).
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Filing 849
MOTION for Relief from Order Enjoining Suit Against Receivership Entities by Marco Costales, Nossaman LLP. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Earll M. Pott in support thereof)(Pott, Earll) (jms).
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Filing 848
Docketed in Error (kxm)
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Filing 847
PRO HAC APPROVED: Seanna Rose Brown appearing for Interested Parties ABC Funding Strategies, LLC, Kim Funding, LLC, Kim H. Peterson (All non-registered users served via U.S. Mail Service)(no document attached) (rmc)
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Filing 846
Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Brown, Seanna) (rmc).
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Filing 845
ORDER Denying the Pro Hac Vice Application of Seanna R. Brown, re #822 Request to Appear Pro Hac Vice. Signed by Judge Larry Alan Burns on 7/25/2022.(All non-registered users served via U.S. Mail Service)(rmc)
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Filing 844
SEALED LODGED Proposed Document re: #834 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Murphy, Paul) (fth).
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Filing 843
NOTICE of Joinder by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC to portions of dkt 832, 833 & 841 (Armstrong, James) (jms).
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Filing 842
RESPONSE in Opposition re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company, #796 MOTION Joinder in Support re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company filed by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC. (Armstrong, James) (jms).
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Filing 841
RESPONSE in Opposition re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company filed by Calprivate Bank. (Attachments: #1 Declaration of Michael G. Yoder in Support of Claimant Calprivate Bank's Opposition to Receiver's Motion, #2 Exhibit Index - Yoder Declaration, #3 Exhibit A - Yoder Declaration, #4 Exhibit B - Yoder Declaration, #5 Exhibit C - Yoder Declaration, #6 Exhibit D - Yoder Declaration, #7 Exhibit E - Yoder Declaration, #8 Exhibit F - Yoder Declaration, #9 Exhibit G - Yoder Declaration, #10 Exhibit H - Yoder Declaration, #11 Exhibit I - Yoder Declaration, #12 Exhibit J - Yoder Declaration, #13 Exhibit K - Yoder Declaration, #14 Exhibit L - Yoder Declaration, #15 Exhibit M - Yoder Declaration, #16 Exhibit N - Yoder Declaration, #17 Exhibit O - Yoder Declaration, #18 Exhibit P - Yoder Declaration, #19 Exhibit Q - Yoder Declaration, #20 Exhibit R - Yoder Declaration, #21 Exhibit S - Yoder Declaration, #22 Exhibit T - Yoder Declaration, #23 Exhibit U - Yoder Declaration, #24 Exhibit V - Yoder Declaration, #25 Exhibit W - Yoder Declaration, #26 Exhibit X - Yoder Declaration, #27 Exhibit Y - Yoder Declaration, #28 Exhibit Z - Yoder Declaration, #29 Exhibit AA - Yoder Declaration, #30 Exhibit BB - Yoder Declaration, #31 Exhibit CC - Yoder Declaration, #32 Exhibit DD - Yoder Declaration, #33 Exhibit EE - Yoder Declaration, #34 Exhibit FF - Yoder Declaration, #35 Exhibit GG - Yoder Declaration, #36 Exhibit HH - Yoder Declaration, #37 Declaration of John H. Stephens in Support of Claimant Calprivate Bank's Opposition to Receiver's Motion, #38 Calprivate Bank's Evidentiary Objections to the Declaration of Krista L. Freitag in Support of Receiver's Motion, #39 Proof of Service)(Yoder, Michael) (jms).
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Filing 840
RESPONSE in Opposition re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan filed by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC. (Attachments: #1 Declaration of Wade Wakefield ISO Opposition, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Declaration of James Armstrong ISO Opposition, #6 Exhibit Ex A)(Armstrong, James) (jms).
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Filing 839
RESPONSE in Opposition re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company NOTICE OF JOINDER BY NON-PARTY CLAIMANT ROJ, LLC IN COMBINED OPPOSITION TO MOTION FOR APPROVAL OF SETTLEMENT filed by ROJ, LLC. (Shrenger, Justin) (jms).
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Filing 838
RESPONSE in Opposition re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan Notice of Joinder by Non-Party Claimant ROJ, LLC in combined Opposition to Receiver's Proposed Claim Handling Motions filed by ROJ, LLC. (Shrenger, Justin) (jms).
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Filing 837
RESPONSE in Opposition re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan filed by Calprivate Bank. (Attachments: #1 Declaration of Karen Lister in Support of Claimant Calprivate Bank's Opposition to Receiver's Motion, #2 Exhibit Index - Lister Declaration, #3 Exhibit A - Lister Declaration, #4 Exhibit B - Lister Declaration, #5 Exhibit C - Lister Declaration, #6 Exhibit D - Lister Declaration, #7 Exhibit E - Lister Declaration, #8 Declaration of John H. Stephens in Support of Claimant Calprivate Bank's Opposition to Receiver's Motion, #9 Exhibit Index - Stephens Declaration, #10 Exhibit A - Stephens Declaration, #11 Exhibit B - Stephens Declaration, #12 Exhibit C - Stephens Declaration, #13 Exhibit D - Stephens Declaration, #14 Exhibit E - Stephens Declaration, #15 Calprivate Bank's Evidentiary Objections to the Declaration of Krista L. Freitag in Support of Motion, #16 Proof of Service)(Yoder, Michael) (jms).
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Filing 836
NOTICE of Joinder by Kamaljit K. Kapur, Shelley Lynn Tarditi Trust, Payson R. Stevens, Susan Heller Fenley Inherited Roth IRA, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Zinder, Jeffrey) (jms).
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Filing 835
NOTICE of Joinder by Kamaljit K. Kapur, Shelley Lynn Tarditi Trust, Payson R. Stevens, Susan Heller Fenley Inherited Roth IRA, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Zinder, Jeffrey) (jms).
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Filing 834
MOTION to File Documents Under Seal (With attachments)(Murphy, Paul) (fth).
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Filing 833
OBJECTION by Ovation Fund Management II LLC re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company . (Attachments: #1 Declaration of Paul D. Murphy, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O)(Murphy, Paul) (jms).
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Filing 832
OBJECTION by ABC Funding Strategies, LLC, Kim Funding, LLC, Kim H. Peterson re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company (Attard, Lauren) (jms).
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Filing 831
OBJECTION by ABC Funding Strategies, LLC, Kim Funding, LLC re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan (Attachments: #1 Declaration of Kim H. Peterson in Support of Objection to Receivers Motion for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company and Objection to Receivers Determinations of Claims for Kim Funding, LLC and ABC Funding Strategies, LLC)(Attard, Lauren) (jms).
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Filing 830
NOTICE of Joinder by Kamaljit K. Kapur, Shelley Lynn Tarditi Trust, Payson R. Stevens, Susan Heller Fenley Inherited Roth IRA, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Zinder, Jeffrey) (jms).
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Filing 829
CERTIFICATE OF SERVICE by Chicago Title Company re #827 Response in Opposition to Motion, (Attachments: #1 Proof of Service)(Strauss, Steven) (jms).
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Filing 828
NOTICE of Joinder by Kamaljit K. Kapur, Shelley Lynn Tarditi Trust, Payson R. Stevens, Susan Heller Fenley Inherited Roth IRA, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Zinder, Jeffrey) (jms).
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Filing 827
RESPONSE in Opposition re #807 MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan Chicago Title Company And Chicago Title Insurance Companys Opposition to Motion for Order Approving Receivers Recommended Treatment of Claims filed by Chicago Title Company. (Strauss, Steven) (jms).
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Filing 826
NOTICE of Appearance of Counsel by Daniel N. Csillag on behalf of Ovation Fund Management II LLC (Csillag, Daniel)Attorney Daniel N. Csillag added to party Ovation Fund Management II LLC(pty:obj) (jms).
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Filing 825
NOTICE of Appearance of Counsel by Paul D. Murphy on behalf of Ovation Fund Management II LLC (Murphy, Paul)Attorney Paul D. Murphy added to party Ovation Fund Management II LLC(pty:obj) (jms).
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Filing 824
NOTICE of Joinder by Kamaljit K. Kapur, Payson R. Stevens, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014, Susan Heller Fenley Separate Property Trust, DTD 03/04/2010, Susan Heller Fenley Inherited Roth IRA, Shelley Lynn Tarditi Trust (Zinder, Jeffrey) (jms).
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Filing 823
Ex Parte MOTION for Leave to File Opposition to Dkt 795, 796 and 807 and to file Joinders to other oppositions thereto by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC. (Attachments: #1 Declaration of James Armstrong ISO Application)(Armstrong, James) (jms).
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Filing 822
Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Brown, Seanna) (rmc).
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Filing 821
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17018224.) (Application to be reviewed by Clerk.) (Brown, Seanna) QC mail sent re missing signature (rmc).
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Filing 820
MINUTE ORDER: Currently on calendar for Monday, July 25, 2022 at 11:30 a.m. is a hearing on the Seventh Interim Fee Applications of the Krista Freitag (Dkt. #790 ) and Allen Matkins Leck Gamble Mallory & Natsis LLP (Dkt. 791). The Court has reviewed the briefing and finds those motions suitable for decision on the papers. The hearing is VACATED, and the Motion to Appear Telephonically (Dkt. #819 ) is DENIED AS MOOT. No appearances will be required in this case on July 25, 2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 819
MOTION for Leave to Appear Telephonically or by Video Conference During the Covid-19 Public Emergency by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) (jms).
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Filing 818
NOTICE of Appearance of Jessica L. Mulvaney by Philip C. Tencer on behalf of Kim Funding, LLC (Tencer, Philip) (jms).
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Filing 817
NOTICE of Appearance by Philip C. Tencer on behalf of Kim Funding, LLC (Tencer, Philip)Attorney Philip C. Tencer added to party Kim Funding, LLC(pty:ip) (jms).
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Filing 816
STATUS REPORT Receiver's Eleventh Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (jms).
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Filing 815
DECLARATION re #812 Order on Motion for Leave to File Document, Declaration of Krista L. Freitag Regarding Notice Pursuant to Court's June 8, 2022 Order by Receiver Krista Freitag. (Fates, Edward) (jms).
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Filing 814
ORDER granting #800 Nossaman Non-Parties' Request for Leave to File Joinder Motion for Leave to File. Signed by Judge Larry Alan Burns on 6/10/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 813
NOTICE of Appearance by Daniel N. Csillag on behalf of Non-Party Creditor Ovation Finance Holdings 2 LLC (Csillag, Daniel)Attorney Daniel N. Csillag added to party Non-Party Creditor Ovation Finance Holdings 2 LLC(pty:cr) (jms).
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Filing 812
ORDER (1) granting #808 Ex Parte Motion for Leave to File Opposition to Dkt. #798 ; (2) Granting in Part Ex Parte Application to Approve Proposed Briefing and Hearing Schedule #798 ; (3) Approving in Part Notice Plan; and (4) Setting Hearing Date and Briefing Schedule. Signed by Judge Larry Alan Burns on 6/8/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 811
NOTICE of Appearance by Miles D Grant on behalf of Kim Funding, LLC, Kim H. Peterson (Grant, Miles)Attorney Miles D Grant added to party Kim Funding, LLC(pty:ip), Attorney Miles D Grant added to party Kim H. Peterson(pty:ip) (jms).
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Filing 810
NOTICE of Substitution of Counsel by Non-Party Creditor Ovation Finance Holdings 2 LLC (Shipley, Michael) (jms).
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Filing 809
RESPONSE re #798 Notice of Joinder, and Opposition thereto filed by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC. (Armstrong, James) (jms).
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Filing 808
Ex Parte MOTION for Leave to File Opposition to Dkt 798 by 2Budz Holding, LLC, Wakefield Capital, LLC, Wakefield Investments, LLC. (Attachments: #1 Declaration of James Armstrong ISO Application)(Armstrong, James) (jms).
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Filing 807
MOTION for Order (1) Approving Receivers Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit Index, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Proof of Service)(Fates, Edward) (jms).
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Filing 806
Ex Parte MOTION for Leave to File Excess Pages re Memorandum in Support of Motion for Order: (1) Approving Receiver's Recommended Treatment of Claims (Allowed, Disallowed, Disputed); (2) Approving Distribution Methodology; and (3) Approving Proposed Distribution Plan by Krista Freitag. (Fates, Edward) (jms).
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Filing 805
RESPONSE re #804 Response - Other, Reply to Ex Parte Application to Approve Proposed Briefing and Hearing Schedule filed by Chicago Title Company. (Attachments: #1 Proof of Service, #2 Proof of Service)(Donohue, Megan) (jms).
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Filing 804
RESPONSE re #798 Notice of Joinder, /Chicago Title's Ex Parte Application to Set Expedited Briefing and Hearing Schedule filed by CALPRIVATE BANK. (Attachments: #1 Declaration of Ashton T. Massey in Support of Calprivate Bank's Opposition to Chicago Title's Ex Parte Application to Set Expedited Briefing and Hearing Schedule, #2 Proof of Service)(Yoder, Michael) (jms).
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Filing 803
NOTICE of Appearance by Adam G Levine on behalf of CALPRIVATE BANK (Levine, Adam)Attorney Adam G Levine added to party CALPRIVATE BANK(pty:ip) (jms).
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Filing 802
NOTICE of Appearance by Ashton T. Massey on behalf of CALPRIVATE BANK (Massey, Ashton)Attorney Ashton T. Massey added to party CALPRIVATE BANK(pty:ip) (jms).
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Filing 801
NOTICE of Appearance by Michael G Yoder on behalf of CALPRIVATE BANK (Yoder, Michael)Attorney Michael G Yoder added to party CALPRIVATE BANK(pty:ip) (jms).
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Filing 800
MOTION for Leave to File Joinder in support of Receiver's Motion for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company by Marco Costales, Nossaman LLP. (Pott, Earll)Attorney Earll M Pott added to party Marco Costales(pty:ip), Attorney Earll M Pott added to party Nossaman LLP(pty:ip) (jms).
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Filing 799
NOTICE of Joinder by Nossaman LLP, Marco Costales re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company (Pott, Earll) (jms).
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Filing 798
NOTICE of Joinder by Chicago Title Company re #797 Notice (Other),, Receiver's Proposed Notice Plan and Ex Parte Application to Approve Proposed Briefing and Hearing Schedule (Attachments: #1 Declaration of Megan L. Donohue, #2 Exhibit A, #3 Proof of Service, #4 Proof of Service)(Donohue, Megan) (fth).
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Filing 797
NOTICE of Receivers Proposed Plan for Providing Notice of: (A) Receivers Motion for Approval of Settlement with Chicago Title Company and Chicago Title Insurance Company; and (B) Receivers Motion for Order: (1) Approving Recommended Claim Amounts (Allowed, Disallowed, and Disputed); (2) Approving Rising Tide Distribution Methodology; and (3) Approving Proposed Distribution Plan by Krista Freitag re #789 Order,, Terminate Hearings, (Attachments: #1 Exhibit A, #2 Proof of Service)(Fates, Edward) (fth).
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Filing 796
MOTION Joinder in Support re #795 MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company by Chicago Title Company. (Attachments: #1 Declaration of Megan L. Donohue, #2 Declaration Exhibit Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Proof of Service)(Strauss, Steven) (jms).
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Filing 795
MOTION for Order for Approval of Settlement Agreement with Chicago Title Company and Chicago Title Insurance Company by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Declaration Exhibit Index, #4 Declaration Exhibit A, #5 Request for Judicial Notice, #6 Request for Judicial Notice Exhibit Index, #7 Request for Judicial Notice Exhibit A, #8 Request for Judicial Notice Exhibit B, #9 Proof of Service)(Fates, Edward)(jms).
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Filing 794
SEALED LODGED Proposed Document re: #793 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (fth).
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Filing 793
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (fth).
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Filing 792
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #791 MOTION Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #790 MOTION Seventh Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 791
MOTION Seventh Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Fates, Edward)(jms).
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Filing 790
MOTION Seventh Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Fates, Edward)(jms).
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Filing 789
ORDER: 1) Vacating Status Conference; 2) Denying Non-Party Calprivate Bank's Ex Parte Application for Leave to Appear as Moot #786 ; 3) Directing Receiver to File Notice Plan. Signed by Judge Larry Alan Burns on 5/18/2022. (Attachments: #1 Exhibit)(All non-registered users served via U.S. Mail Service)(jms)
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Filing 788
RESPONSE re #786 Notice (Other), Opposition to Calprivate Bank's Ex Parte Application filed by Chicago Title Company. (Attachments: #1 Exhibit A)(Donohue, Megan) (jms).
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Filing 787
RESPONSE re #786 Notice (Other), Receiver's Opposition to Ex Parte Application by Calprivate Bank for Leave to Appear and be Heard at May 23, 2022 Status Conference [Dkt 778] filed by Krista Freitag. (Fates, Edward) (jms).
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Filing 786
NOTICE Ex Parte Application by CalPrivate Bank for Leave to Appear and Be Heard at May 23, 2022 Status Conference by CALPRIVATE BANK re #778 Order, Set Hearings (Attachments: #1 Exhibit Status Conference Statement by CalPrivate Bank)(Stephens, John) (jms).
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Filing 785
NOTICE of Withdrawal of Docket 784 by CALPRIVATE BANK re #784 Notice (Other), (Stephens, John) (jms).
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Filing 784
**Document withdrawn per #785 ** NOTICE Ex Parte Application by CalPrivate Bank for Leave to Appear and Be Heard at May 23, 2022 Status Conference by CALPRIVATE BANK re #778 Order, Set Hearings (Attachments: #1 Exhibit Status Conference Statement by CalPrivate Bank)(Ghio, Christopher)Attorney Christopher B. Ghio added to party CALPRIVATE BANK(pty:ip) qc mailer sent re incorrect s/ signature (jms).2 (jms).
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Filing 783
ORDER granting #770 Motion for Approval of Settlement Agreement with Dean Libs. Signed by Judge Larry Alan Burns on 05/10/2022. (All non-registered users served via U.S. Mail Service) (fth)
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Filing 782
ORDER Approving Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses (Dkt. No. #747 ). Signed by Judge Larry Alan Burns on 5/9/2022. (All non-registered users served via U.S. Mail Service) (fth)
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Filing 780
ORDER granting #749 Motion to File Documents Under Seal. Signed by Judge Larry Alan Burns on 5/6/2022. (All non-registered users served via U.S. Mail Service)(fth)
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Filing 779
ORDER Approving #746 Sixth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses. Signed by Judge Larry Alan Burns on 5/6/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 778
ORDER Setting Status Conference. Signed by Judge Larry Alan Burns on 5/4/2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 777
ORDER: 1) DENYING MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL [Dkt. 725]; and2) DIRECTING CLERK TO STRIKE DOCUMENTS FROM DOCKET [Dkt. 726]. Signed by Judge Larry Alan Burns on 5/4/2022. (All non-registered users served via U.S. Mail Service) (fth)
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Filing 775
ORDER granting #766 Joint Motion Regarding Receivership Claims. Signed by Judge Larry Alan Burns on 5/4/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 774
ORDER granting #714 Motion to File Documents Under Seal. Signed by Judge Larry Alan Burns on 5/4/2022. (All non-registered users served via U.S. Mail Service) (fth)
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Filing 773
ORDER Resolving Joint Motion Regarding the Receiver's Third Party Subpoena #764 . Signed by Magistrate Judge Allison H. Goddard on 5/2/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 772
ORDER granting #712 Motion Fifth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses. Signed by Judge Larry Alan Burns on 4/26/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 771
ORDER granting #711 Motion Fifth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. Signed by Judge Larry Alan Burns on 4/25/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 770
MOTION for Order for Approval of Clawback Settlement with Dean Libs by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit Index, #4 Exhibit A, #5 Proof of Service)(Fates, Edward) (jms).
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Filing 769
ORDER granting #757 Joint Motion Regarding Receivership Claims re Ovation Finance Holdings 2 LLC et al. and Additional Settlements. Signed by Judge Larry Alan Burns on 4/7/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 768
ORDER granting #756 Joint Motion Regarding Receivership Claims Re Allred Settlement. Signed by Judge Larry Alan Burns on 4/7/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 767
Order Authorizing Receiver to Pursue Additional Claims Against Kim Peterson and Related Entities #766 . Signed by Judge Larry Alan Burns on 4/5/2022. (All non-registered users served via U.S. Mail Service)(zda)
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Filing 766
Joint MOTION Regarding Receivership Claims by Chicago Title Company. (Attachments: #1 Declaration of Steven M. Strauss, #2 Exhibit 1, #3 Exhibit 2)(Strauss, Steven) (zda).
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Filing 765
ORDER granting #763 Motion to Vacate March 18, 2022 Order; and Denying Motion to Approve Settlement as Moot [Dkt. #628 ]; and Denying Granting Motion For Leave To File Joinder In Receivers Motion as Moot [Dkt. #642 ]; and Granting Motion for Leave to File Joiner in Receiver's Reply [Dkt. #656 ]. Signed by Judge Larry Alan Burns on 4/4/2022. (All non-registered users served via U.S. Mail Service)(jms)
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Filing 764
Joint MOTION for Order for Resolution of Discovery Dispute Subpoena of Non-Party First American Title Insurance Company by Kim Funding, LLC, Kim H. Peterson. (Attard, Lauren)Attorney Lauren T Attard added to party Kim Funding, LLC(pty:ip), Attorney Lauren T Attard added to party Kim H. Peterson(pty:ip) (jms).
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Filing 763
Joint MOTION to Vacate #761 Order on Motion for Order,, Order on Motion for Leave to File Document,,, by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 762
MINUTE ORDER: Currently on calendar for Monday, March 28, 2022, at 11:30 a.m. is a hearing on the Sixth Interim Fee Applications of Krista Freitag, Court-Appointed Receiver, and her counsel, Allen Matkins Leck Gamble Mallory & Natsis LLP. (Dkt. 746; Dkt. 747). The Court has reviewed the briefing and finds those motions suitable for resolution without oral argument. The hearing is VACATED. No appearances will be required in this case on March 28, 2022.(jms)
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Filing 761
ORDER: 1) Denying Motion To Approve Adams Settlement [Dkt. #628 ] 2) Granting Motion For Leave To File Joinder In Receivers Motion [Dkt. #642 ] 3) Granting Motion For Leave To File Joinder In Receivers Reply [Dkt. #656 ]. Signed by Judge Larry Alan Burns on 3/18/2022. (All non-registered users served via U.S. Mail Service)(ddf) .
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Filing 760
ORDER SETTING BRIEFING SCHEDULE ON JOINT MOTION FOR RESOLUTION OF DISCOVERY DISPUTE REGARDING THE RECEIVER'S THIRD-PARTY SUBPOENA OF FIRST AMERICAN TITLE INSURANCE COMPANY. Signed by Magistrate Judge Allison H. Goddard on 3/8/2022. (All non-registered users served via U.S. Mail Service)(fth)
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Filing 759
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: The Court received a request for intervention in a discovery dispute regarding a third-party subpoena served by the Receiver on First American Title Insurance Company in connection with this action. The subpoena pertains to a real estate transaction involving third party Kim Peterson, clawback defendant in related case 3:21-cv-01620-LAB-AHG, Freitag v. Peterson et al., who seeks to quash the subpoena. The Court held a Discovery Video Conference on 3/8/2022 and, after consulting with counsel for both sides, determined that the parties should be permitted to engage in motion practice on the dispute. By separate order, the Court will issue a briefing schedule for the parties' joint motion for resolution of the discovery dispute. (Ted Fates and David Zaro for the Receiver Krista Freitag; Lauren Attard, Deirdre Farrell, and Amy Vanderwal for third party Kim Peterson). (no document attached) (kxm)
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Filing 758
ORDER granting #741 Motion for Relief From Order Enjoining Suit Against Receivership Entities. Signed by Judge Larry Alan Burns on 2/28/2022. (jms)
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Filing 757
Joint MOTION Regarding Receivership Claims re Ovation Finance Holdings 2 LLC et al. and Additional Settlements by Chicago Title Company. (Attachments: #1 Declaration of Steven Strauss, #2 Exhibit Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16)(Strauss, Steven) (jms).
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Filing 756
Joint MOTION Regarding Receivership Claims re Allred Settlement by Chicago Title Company. (Attachments: #1 Declaration of Steven Strauss, #2 Exhibit Index, #3 Exhibit 1)(Strauss, Steven) (jms).
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Filing 755
STATUS REPORT Receiver's Tenth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Proof of Service)(Fates, Edward) (jms).
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Filing 754
Joint MOTION for Order Authorizing Receiver to Pursue Additional Claims Against Kim Peterson and Related Entities by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 753
MINUTE ORDER: Currently on calendar for Monday, February 28, 2022 at 11:30 a.m. is a hearing on the Motion for Relief from Order Enjoining Suit against Receivership Entieies. (Dkt. 741). The Court has reviewed the briefing and finds that motion suitable for resolution without oral argument. The hearing is VACATED. No appearances will be required in this case on February 28, 2022.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 752
REPLY to Response to Motion re #741 MOTION Relief From Order Enjoining Suit Against Receivership Entities - Reply to Receiver's Opposition filed by Chicago Title Company. (Attachments: #1 Declaration of Megan L. Donohue, #2 Exhibit 1, #3 Exhibit 2, #4 Proof of Service)(Strauss, Steven)(jms).
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Filing 751
REPLY to Response to Motion re #741 MOTION Relief From Order Enjoining Suit Against Receivership Entities - Reply to SEC's Opposition filed by Chicago Title Company. (Attachments: #1 Proof of Service)(Strauss, Steven) (jms).
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Filing 750
SEALED LODGED Proposed Document re: #749 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (fth).
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Filing 749
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (fth).
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Filing 748
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #747 MOTION Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #746 MOTION Sixth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses (Attachments: #1 Proof of Service)(Fates, Edward) (jms).
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Filing 747
MOTION Sixth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A)(Fates, Edward)(jms).
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Filing 746
MOTION Sixth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Fates, Edward) (jms).
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Filing 745
RESPONSE in Opposition re #741 MOTION Relief From Order Enjoining Suit Against Receivership Entities filed by Krista Freitag. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Index, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Proof of Service)(Fates, Edward) (jms).
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Filing 744
NOTICE OF WITHDRAWAL OF DOCUMENT by Krista Freitag re #743 Response in Opposition to Motion, filed by Krista Freitag . (Fates, Edward) (jms).
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Filing 743
**DOCUMENT WITHDRAWN PER #744 ** RESPONSE in Opposition re #741 MOTION Relief From Order Enjoining Suit Against Receivership Entities filed by Krista Freitag. (Attachments: #1 Request for Judicial Notice, #2 Exhibit Index, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Proof of Service)(Fates, Edward)qc mailer sent re incorrect signature (jms).
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Filing 742
RESPONSE in Opposition re #741 MOTION Relief From Order Enjoining Suit Against Receivership Entities filed by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) (jms).
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Filing 741
MOTION Relief From Order Enjoining Suit Against Receivership Entities by Chicago Title Company. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Strauss, Steven) (jms).
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Filing 740
ORDER Vacating Hearing and Approving Settlement of Pending Litigation in Florida #736 . Signed by Judge Larry Alan Burns on 1/13/2022. (jms)
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Filing 739
ORDER VACATING COMPREHENSIVE MEDIATION DATES. Signed by Magistrate Judge Allison H. Goddard on 1/7/22.(kxm)
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Filing 738
ORDER Granting Request For Leave To File Excess Pages [Dkt. #605 ]. Signed by Judge Larry Alan Burns on 12/14/2021. (All non-registered users served via U.S. Mail Service)(dxf)
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Filing 737
ORDER Conditionally Granting Renewed Motion For Authority To Pursue Claims Against Chicago Title [Dkt. #703 ]. Signed by Judge Larry Alan Burns on 12/13/2021. (All non-registered users served via U.S. Mail Service)(dxf) (dlg).
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Filing 736
MOTION for Order for Approval of Settlement of Pending Litigation in Florida by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (dxf).
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Filing 735
ORDER Granting Joint Motion To Depose Gina Champion-Cain [ECF No. #734 ]. Signed by Magistrate Judge Allison H. Goddard on 12/13/2021. (All non-registered users served via U.S. Mail Service)(dxf)
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Filing 734
Joint MOTION to Take Deposition from Gina Champion-Cain Motion Regarding Deposition of Federal Inmate Gina Champion-Cain by Non-Party Creditor Ovation Finance Holdings 2 LLC. (Pilmer, Robert) (dxf).
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Filing 733
ORDER Setting Deadline For Parties To Attempt To Reach Resolution And File Joint Motion Regarding Deposition Of Gina Champion-Cain. Signed by Magistrate Judge Allison H. Goddard on 12/2/2021.(All non-registered users served via U.S. Mail Service)(dxf)
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Filing 732
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference held via Zoom on 12/1/2021. Order to issue. (Attorneys: Mark Hartney and Ted Fates for Court-appointed Receiver Krista Freitag; Steven Strauss and Megan Donohue for Chicago Title Company and Chicago Title Insurance Company; Alex Pilmer, Michael Shipley, and Mark Holscher for Ovation Finance Holdings 2, LLC; Pat Swan for Adelle DuCharme; Ricardo Arias for Betty Elixman; Philip Dyson and Laura Smith for Thomas Schwiebert; Adam Levine for CalPrivate Bank; Phil Tencer for Laurie Peterson and the Peterson Family Trust; Elliot Peters and Cody Harris for Kim Peterson and his affiliated entities; Jeff Zinder for the Yu and Fenley plaintiffs in state court; James Armstrong for the Wakefield plaintiffs in state court; Jason Kirby for Horacio Valeiras, the Valeiras Family Trust, La Jolla Bridge, LLC, and Frontier Global Partners). (no document attached) (kxm)
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Filing 731
ORDER Setting Discovery Videoconference. Signed by Magistrate Judge Allison H. Goddard on 11/23/2021.(All non-registered users served via U.S. Mail Service)(dxf)
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Filing 730
MINUTE ORDER: Currently on calendar for Monday, November 22, 2021 at 11:30 a.m. is a hearing on the Fifth Fee Applications of Allen Matkins Leck Gamble Mallory & Natsis LLP, (Dkt. #712 ), and Krista Freitag. (Dkt. #711 ). The Court has reviewed the briefing and finds those motions suitable for resolution without oral argument. The hearing is VACATED. No appearances will be required in this case on November 22, 2021.(All non-registered users served via U.S. Mail Service)(dxf)
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Filing 729
STATUS REPORT Receiver's Ninth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (dxf).
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Filing 728
RESPONSE in Opposition re #725 MOTION to File Documents Under Seal filed by Chicago Title Company. (Donohue, Megan) (dxf).
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Filing 727
ORDER Approving Settlement Agreement With Con & Coop Beach Rentals, LLC [Dkt. #687 ]. Signed by Judge Larry Alan Burns on 11/8/2021. (All non-registered users served via U.S. Mail Service)(dxf)
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Filing 726
SEALED LODGED Proposed Document re: #725 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward)
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Filing 725
MOTION to File Documents Under Seal (With attachments)(Fates, Edward)
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Filing 723
ORDER Granting Motion for Permission to File Portion of Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory and Natsis LLP, General Counsel Under Seal [Dkt. #674 ]. Signed by Judge Larry Alan Burns on 11/4/2021. (All non-registered users served via U.S. Mail Service)(anh)
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Filing 722
ORDER Approving Fourth Interim Fee Application Of Krista L. Freitag, Court-Appointed Receiver, For Payment Of Fees And Reimbursement Of Expenses [DKt. #672 ]. Signed by Judge Larry Alan Burns on 11/4/2021. (All non-registered users served via U.S. Mail Service)(dxf)
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Filing 721
ORDER Approving Fourth Interim Fee Application Of Allen Matkins Leck Gamble Mallory & Natsis Llp, General Counsel To The Receiver, For Payment Of Fees And Reimbursement Of Expenses [Dkt. #673 ]. Signed by Judge Larry Alan Burns on 11/4/2021. (All non-registered users served via U.S. Mail Service)(dxf)
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Filing 720
ORDER Granting Receiver's Motion For Approval Of Sale Of 1775 Diamond Property [ECF No. #707 ]. Signed by Magistrate Judge Allison H. Goddard on 11/2/2021. (All non-registered users served via U.S. Mail Service)(dxf) (dlg).
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Filing 719
NOTICE Notice of Request for Removal From Notices by Symetra Life Insurance Company (Stern, Heather) (dxf).
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Filing 718
MINUTE ORDER BY JUDGE GODDARD: Motion Submitted: #707 MOTION for Order for Approval of Sale of 1775 Diamond Property. In light of the lack of opposition to the motion and the #717 Notice of Non-Receipt of Overbids for the property filed by the Receiver on 10/19/2021, the Court finds this motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motion will be deemed submitted as of this date. Signed by Magistrate Judge Allison H. Goddard on 10/20/2021.(no document attached) (kxm)
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Filing 717
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #707 MOTION for Order for Approval of Sale of 1775 Diamond Property (Attachments: #1 Proof of Service)(Fates, Edward) (dxf).
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Filing 716
ORDER (1) Approving Procedures For The Administration Of Claims Against The Receivership Estate;(2) Setting Claims Bar Date; And (3) Approving Claims Bar Date Notice And Proof Of Claim Forms #681 . Signed by Judge Larry Alan Burns on 10/14/2021. (All non-registered users served via U.S. Mail Service)(dxf) (dlg).
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Filing 715
SEALED LODGED Proposed Document re: #714 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (jmo).
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Filing 714
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (jmo).
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Filing 713
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #711 MOTION Fifth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses , #712 MOTION Fifth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses (Attachments: #1 Proof of Service)(Fates, Edward) (dxf).
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Filing 712
MOTION Fifth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (dxf).
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Filing 711
MOTION Fifth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fates, Edward) (dxf).
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Filing 710
Minute ORDER: Currently on calendar for Monday, October 4, 2021 at 11:30 a.m. is a hearing on the Receivers Renewed Motion for Authority to Pursue Claims Against Chicago Title. (Dkt. #703 ). The Court has reviewed the briefing and finds this motion suitable for resolution without oral argument. The hearing is VACATED. No appearances will be required in this case on October 4, 2021. (All non-registered users served via U.S. Mail Service)(dxf)(dlg).
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Filing 709
REPLY to Response to Motion re #703 MOTION Renewed Motion for Authority to Pursue Claims Against Chicago Title Per Court Order Dated August 26, 2021 [Dkt. No. 700] re #700 Order filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (dxf).
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Filing 708
ORDER Setting Briefing Schedule and Hearing on Motion [ECF no. #707 ]. Responses due by 10/14/2021 Replies due by 10/25/2021. Motion Hearing set for 11/1/2021 03:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 9/22/2021.(All non-registered users served via U.S. Mail Service)(anh)
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Filing 707
MOTION for Order for Approval of Sale of 1775 Diamond Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (anh).
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Filing 706
RESPONSE in Opposition re #703 MOTION Renewed Motion for Authority to Pursue Claims Against Chicago Title Per Court Order Dated August 26, 2021 [Dkt. No. 700] re #700 Order filed by Chicago Title Company. (Attachments: #1 Declaration of Megan Donohue, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Strauss, Steven) (dxf).
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Filing 705
ORDER Setting Comprehensive Mediation between the dates of 1/18/2022 and 1/21/2022 before Magistrate Judge Allison H. Goddard. The Court will contact counsel for the investors/lenders who are invited to participate in the comprehensive mediation process. See Order for additional details. Signed by Magistrate Judge Allison H. Goddard on 9/16/2021. (kxm)
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Filing 704
ORDER denying as moot #323 Motion for Leave to Pursue Claims Against Chicago Title. Signed by Judge Larry Alan Burns on 9/8/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 703
MOTION Renewed Motion for Authority to Pursue Claims Against Chicago Title Per Court Order Dated August 26, 2021 [Dkt. No. 700] re #700 Order by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Fates, Edward) (jmr).
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Filing 702
Order Granting Joint Motion Regarding Receivership Claims #701 . Signed by Judge Larry Alan Burns on 8/31/2021. (All non-registered users served via U.S. Mail Service)(zda) Modified on 9/1/2021 to update filed date (zda).
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Filing 701
Joint MOTION Regarding Receivership Claims by Chicago Title Company. (Attachments: #1 Declaration of Steven M. Strauss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Strauss, Steven)(jmr).
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Filing 700
ORDER re: Motion for Leave to Pursue Claims Against Chicago Title, Dkt. #323 . Signed by Judge Larry Alan Burns on 8/26/2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 699
STATUS REPORT Receiver's Eighth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Index of Exhibits, #2 Exhibit A - All Known Real Property Receivership Assets, #3 Exhibit B - Schedule of Receipts + Disbursements of Actual Sales Recoveries)(Fates, Edward) (jmr).
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Filing 698
MINUTE ORDER. Currently on calendar for Monday, August 9, 2021 at 11:30 a.m. is a hearing on the Motion for Approval of Settlement with Con & Coop Beach Rentals, LLC. (Dkt. 687.) That Motion received no objection and, having reviewed the briefing, the Court finds the Motion suitable for decision on the papers. The hearing is VACATED. No appearances will be required in this case on July 6, 2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 697
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Settlement discussions held throughout June and July 2021 with counsel for the Receiver and various non-parties, including Chicago Title Company and Chicago Title Insurance Company ("Chicago Title"), and several investors/creditors with claims against Chicago Title in state court. Settlement discussions with the Receiver and her counsel on 6/4/2021, 6/15/2021, 6/22/2021, 7/2/2021, 7/7/2021, and 7/16/2021; counsel for Chicago Title on 6/4/2021, 6/22/2021, 6/30/2021, 7/7/2021, and 7/14/2021; counsel for the Fenley/Yu plaintiffs on 6/30/2021 and 7/15/2021; counsel for the Allred plaintiffs, the Receiver, and her counsel on 7/6/2021; counsel for Kim Peterson, Laurie Peterson, Kim Funding, LLC, ABC Funding Strategies, LLC, and related parties ("Peterson Parties") on 7/9/2021; counsel for the Allred plaintiffs on 7/12/2021; counsel for CalPrivate Bank on 7/15/2021; counsel for the Wakefield plaintiffs on 7/15/2021; counsel for Ovation Finance Holdings 2, LLC and Banc of California on 7/15/2021. Some of these discussions concerned a potential settlement between Chicago Title and the Allred plaintiffs, but no settlement was reached. Going forward, the Court will facilitate settlement discussions between the Receiver and various investors/investor groups, to assist the Receiver in gathering information to pursue a global settlement with Chicago Title. The Court will also hold other settlement conferences as requested to resolve disputes that may be a hindrance to global settlement efforts. (Attorneys: Ted Fates and David Zaro for the Receiver; Megan Donohue, Steven Goldfarb (outside counsel) and Mark Schiffman (in-house counsel) for Chicago Title; Elliot Peters for the Peterson Parties; Michael Yoder for CalPrivate Bank; Alex Pilmer for Ovation Finance Holdings 2, LLC and Banc of California; Benjamin Galdston and Michael Dell'Angelo for the Allred plaintiffs; Jeff Zinder for the Fenley/Yu Plaintiffs; Jim Armstrong for the Wakefield Plaintiffs). (Other: Krista Freitag, Receiver) (no document attached) (kxm)
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Filing 696
MINUTE ORDER. Currently on calendar for Monday, August 2, 2021 at 11:15 a.m. is a hearing on the Receivers Motion for an Order Approving of Procedures for the Administration of Claims and other relief. (Dkt. 681). This hearing is VACATED. No appearances will be required in this case on August 2, 2021(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 695
ORDER granting #684 Receiver's Motion for Approval of Sale of 1775 Diamond Property. Signed by Magistrate Judge Allison H. Goddard on 7/20/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 694
ORDER BY JUDGE GODDARD: Motion Submitted #684 MOTION for Order for Approval of Sale of 1775 Diamond Property ("1775 Diamond Motion"). In light of the lack of opposition to the 1775 Diamond Motion, the Court finds the motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motion will be deemed submitted as of this date. The Motion Hearing set for 7/8/2021 is VACATED. Signed by Magistrate Judge Allison H. Goddard on 7/7/2021.(no document attached) (kxm)
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Filing 693
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #684 MOTION for Order for Approval of Sale of 1775 Diamond Property (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 691
MINUTE ORDER. Currently on calendar for Tuesday, July 6, 2021 at 11:15 a.m. is a hearing on the Fourth Interim Fee Applications of Krista Freitag and Allen Matkins Leck Gamble Mallory & Natsis LLP (Docket nos. 672 and 673). This hearing is VACATED. No appearances will be required in this case on July 6, 2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 690
NOTICE of Settlement of Interested Parties and Request to Be Removed From Notice in Case by Iconik Builders, Inc. (Ladegaard, Thomas) (jpp).
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Filing 689
Protective Order re: Production of Merit Financial Bank Account Records (ECF no. #688 ). Signed by Magistrate Judge Allison H. Goddard on 6/23/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 688
Joint MOTION for Approval of Protective Order re: Production of Merit Financial Bank Account Records by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 687
MOTION for Order for Approval of Settlement with Con & Coop Beach Rentals, LLC by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (jmr).
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Filing 686
RESPONSE re #670 Order on Motion for Order Receiver's Accounting of Costs of Sale of 3816 Mission Blvd. Property filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 685
ORDER Setting Briefing Schedule and Hearing on Motion re #684 MOTION for Order for Approval of Sale of 1775 Diamond Property : Responses due by 6/22/2021, Replies due by 7/1/2021. Motion Hearing set for 7/8/2021 at 02:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 6/10/2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 684
MOTION for Order for Approval of Sale of 1775 Diamond Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) Modified (jmr).
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Filing 692
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Settlement Conference held on 6/7/2021 re pending state court litigation between Allred plaintiffs and Chicago Title defendants. Settlement discussions remain ongoing. (Plaintiff Attorneys Benjamin Galdston and Michael Dell'Angelo). (Attorneys for Chicago Title: Megan Donohue and Steven Goldfarb (outside counsel); Mark Schiffman (in-house litigation counsel)). (no document attached) (kxm)
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Filing 683
ORDER Setting Briefing Schedule on Motion to Approve Claims Procedures. Signed by Judge Larry Alan Burns on 6/3/2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 682
ORDER granting #678 Joint Motion Regarding Approval of Pending Settlement. Signed by Judge Larry Alan Burns on 6/3/2021. (All non-registered users served via U.S. Mail Service)(jmr) Modified document link on 6/4/2021 (jmr).
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Filing 681
MOTION for Order (1) Approving of Procedures for the Administration of Claims Against the Receivership Estate; (2) Setting Claims Bar Date; and (3) Approving Claims Bar Date Notice and Proof of Claim Forms by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proof of Service)(Fates, Edward) (jmr).
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Filing 680
ORDER: The Court sets a Mandatory Settlement Conference ("MSC") between Chicago Title and certain investors for 6/7/2021 at 1:30 p.m. before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 6/3/2021.(All non-registered users served via U.S. Mail Service)(ag)
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Filing 679
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Settlement discussions held throughout May 2021 with counsel for the Receiver and various non-parties, including Chicago Title Company and Chicago Title Insurance Company ("Chicago Title"), and several investors/creditors with claims against Chicago Title in state court. Settlement discussions with counsel for the Receiver on 5/4/2021, 5/12/2021, 5/13/2021, 5/20/2021, and 5/28/2021; counsel for Chicago Title on 5/12/2021, 5/13/2021, 5/20/2021, and 5/28/2021; counsel for CalPrivate Bank on 5/6/2021; counsel for Ovation Finance Holdings 2, LLC and Banc of California on 5/6/2021; counsel for Kim Peterson, Laurie Peterson, Kim Funding, LLC, ABC Funding Strategies, LLC, and related parties ("Peterson Parties") on 5/14/2021 and 5/29/2021; counsel for the Allred plaintiffs on 5/7/2021 and 5/25/2021; counsel for the Fenley/Yu plaintiffs on 5/12/2021 and 5/25/2021; counsel for the Wakefield Plaintiffs on 5/14/2021 and 5/27/2021. Going forward, the Court will set formal settlement conferences between Chicago Title and various investors/investor groups, and will also continue to pursue the possibility of a global settlement in this action. (Attorneys: Ted Fates and David Zaro for the Receiver; Megan Donohue, Steven Strauss, Steven Goldfarb (outside counsel) and Mark Schiffman (in-house counsel) for Chicago Title; Elliot Peters for the Peterson Parties; Michael Yoder for CalPrivate Bank; Alex Pilmer for Ovation Finance Holdings 2, LLC and Banc of California; Benjamin Galdston for the Allred plaintiffs; Jeff Zinder for the Fenley/Yu Plaintiffs; Jim Armstrong for the Wakefield Plaintiffs). (no document attached) (kxm)
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Filing 678
Joint MOTION Regarding Approval of Pending Settlements by Chicago Title Company. (Attachments: #1 Proof of Service)(Strauss, Steven) (jmr).
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Filing 677
NOTICE of Hearing by Krista Freitag re #673 MOTION Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #672 MOTION Fourth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses (Fates, Edward) (ag).
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Filing 676
SUPPLEMENTAL DOCUMENT by Krista Freitag re #671 Status Report Proof of Service of Receiver's Seventh Interim Report and Recommendations. (Fates, Edward) (ag).
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Filing 675
** Docketed under seal at doc. no. 724 per Order #723 ]** LODGED Proposed Document re: #674 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward) (anh). (anh).
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Filing 674
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (anh).
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Filing 673
MOTION Fourth Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Detailed Time Descriptions)(Fates, Edward) (ag).
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Filing 672
MOTION Fourth Interim Fee Application of Krista Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Detailed Time Descriptions, #3 Exhibit B - Out of Pocket Expenses, #4 Exhibit C - Standardized Fund Accounting Report)(Fates, Edward) (ag).
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Filing 671
STATUS REPORT Receiver's Seventh Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jmo).
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Filing 670
ORDER Granting #653 Motion for Approval of Sale of Property. Signed by Magistrate Judge Allison H. Goddard on 5/25/2021. (All non-registered users served via U.S. Mail Service)(ag)
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Filing 669
ORDER BY JUDGE GODDARD Motion Submitted #653 Motion for Order for Approval of Sale of 3816 Mission Blvd. Property. In light of the lack of opposition to the motion and #668 Notice of Non-Receipt of Overbids for the 3816 Mission Blvd. Property, the Court finds this motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motion will be deemed submitted as of this date. The Motion Hearing set for 6/2/2021 is VACATED. Signed by Magistrate Judge Allison H. Goddard on 5/19/2021.(no document attached) (kxm)
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Filing 668
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #653 MOTION for Order for Approval of Sale of 3816 Mission Blvd. Property (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 667
RESPONSE re #649 Order on Motion for Order, Receiver's Accounting of Costs of Sale of 140 Keller Street Property filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 666
RESPONSE re #489 Order on Motion for Order, Receiver's Accounting of Costs of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Ocean Beach Surf Rider Restaurant filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 665
RESPONSE re #488 Order on Motion for Order,,, Receiver's Accounting of Costs of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 664
ORDER granting #663 Joint Motion Regarding Receivership Claims. Signed by Judge Larry Alan Burns on 5/11/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 663
Joint MOTION Regarding Receivership Claims by Chicago Title Company. (Attachments: #1 Declaration of Steven M. Strauss, #2 Exhibit 1 to Strauss Declaration)(Strauss, Steven) (jmr).
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Filing 662
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Mandatory Settlement Conference held on 5/10/2021. The case did not settle. The Court will continue to facilitate settlement efforts. (Plaintiff Attorney Kathryn Wanner for the SEC). (Other Attorneys: Ted Fates and David Zaro for Court-appointed Receiver Krista Freitag; Attorneys for Non-Parties: Steven Strauss, Megan Donohue, Stephen Richards, Steven Goldfarb, and Andrew Agati for Chicago Title Company and Chicago Title Insurance Company; Elliot Peters for Kim Peterson, Kim Funding LLC, and related non-parties; Alexander Pilmer and Dean Ziehl for Ovation Finance Holdings 2 LLC and Banc of California; John Stephens for CalPrivate Bank; Benjamin Galdston and Michael DellAngelo for Allred plaintiffs (putative class)).(no document attached) (kxm)
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Filing 661
SUPPLEMENTAL BRIEFING by Defendant Chicago Title Company re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements . (Attachments: #1 Exhibit A)(Strauss, Steven)(jmr).
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Filing 659
STATUS REPORT Receiver's Forensic Accounting Report by Krista Freitag. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proof of Service)(Fates, Edward) (jmr).
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Filing 660
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Pre-Settlement Conference confidential calls held on 4/29/2021. The Court discussed the facts of this litigation and the related state court litigation with counsel for involved parties. Prior to the 5/10/2021 Mandatory Settlement Conference, the Court will continue to contact counsel for other non-parties to discuss the possibility of a global resolution of this matter. (Plaintiff Attorney Kathryn Wanner for the SEC). (Other Attorneys: Elliot Peters for Non-Parties Kim Peterson, Laurie Peterson, Kim Funding, LLC, ABC Funding Strategies, LLC, and related parties ("Peterson Parties"); Ted Fates and David Zaro for Court-appointed Receiver Krista Freitag; Megan Donohue and Steven Goldfarb for Non-Parties Chicago Title Company and Chicago Title Insurance Company). (no document attached) (kxm)
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Filing 658
NOTICE of Appearance by Steven A. Goldfarb on behalf of Chicago Title Company (Goldfarb, Steven)Attorney Steven A. Goldfarb added to party Chicago Title Company(pty:dft) (jmr).
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Filing 657
REPLY to Response to Motion re #628 MOTION for Order for Approval of Settlement Agreement with William Adams and Related Entities (Joinder in Receiver's Reply) filed by William Adams. (Pott, Earll) (jmr).
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Filing 656
MOTION for Leave to File Joinder in Receiver's Reply to Chicago Title Company and Chicago Title Insurance Company's Opposition to Motion for Approval of Settlement Agreement with William Adams and Related Entities by William Adams. (Pott, Earll)Attorney Earll M Pott added to party William Adams(pty:misc) (jmr).
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Filing 655
REPLY to Response to Motion re #628 MOTION for Order for Approval of Settlement Agreement with William Adams and Related Entities filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jmr).
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Filing 654
ORDER Setting Truncated Briefing Schedule and Hearing re #653 MOTION for Order for Approval of Sale of 3816 Mission Blvd. Property : Responses due by 5/3/2021 Replies due by 5/10/2021. Motion Hearing set for 6/2/2021 at 03:00 PM before Magistrate Judge Allison H. Goddard via Zoom videoconference. Signed by Magistrate Judge Allison H. Goddard on 4/23/2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 653
MOTION for Order for Approval of Sale of 3816 Mission Blvd. Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (jmr).
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Filing 652
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Conference held on 4/21/2021. The Court decided not to permit motion practice on the discovery dispute between the Chicago Title parties and the Peterson Parties. (Ted Fates for the Receiver; Megan Donohue for Chicago Title Company and Chicago Title Insurance Company; Sophie Hood for the Peterson Parties). (no document attached) (kxm)
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Filing 651
MINUTE ORDER: The hearing on the Receivers motion to approve the Adams settlement (Docket no. #628 ), on calendar for May 3, 2021 at 11:15 a.m. is VACATED. The Receiver may file her reply brief by April 26. Signed by Judge Larry Alan Burns on 4/20/2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 650
RESPONSE in Opposition re #628 MOTION for Order for Approval of Settlement Agreement with William Adams and Related Entities filed by Chicago Title Company. (Attachments: #1 Declaration of Megan L. Donohue, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Strauss, Steven) (jmr).
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Filing 649
ORDER granting Request to Approve Sale of 140 Keller Street Property to Winning Bidder; and granting in part and denying in part Motion for Approval of Sale of 140 Keller Street Property (ECF nos. #615 . #643 ). Signed by Magistrate Judge Allison H. Goddard on 4/19/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 648
ORDER: (1) Setting Mandatory Settlement Conference; and (2) Setting Confidential Attorney-Only Calls Prior to Settlement Conference. A Mandatory Settlement Conference is set for 5/10/2021 at 9:30 AM before Magistrate Judge Allison H. Goddard. The MSC will take place via videoconference. Prior to the MSC, on 4/29/2021, the Court will conduct separate, confidential settlement calls with counsel for (1) court-appointed Receiver, Krista Freitag, and (2) nonparties Chicago Title Company and Chicago Title Insurance Company ("Chicago Title"). The Court orders counsel for the Receiver to be immediately available by phone on 4/29/2021 between 2:00 p.m. and 4:00 p.m. The Court orders counsel for Chicago Title to be immediately available on 4/29/2021 between 3:00 p.m. and 5:00 p.m. Signed by Magistrate Judge Allison H. Goddard on 4/15/2021. (jdt)
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Filing 647
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 4/12/2021 before Judge Larry Alan Burns. Court Reporter/Transcriber: Cynthia R. Ott. 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 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr)
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Filing 645
NOTICE of Lodgment by Non-Party Creditor Ovation Finance Holdings 2 LLC (Attachments: #1 Exhibit 1 - April 12, 2021 Order)(Shipley, Michael) (jdt).
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Filing 646
Minute Entry for proceedings held before Judge Larry Alan Burns: Motion Hearing held on 4/12/2021 re MOTION for Authority to Pursue Claims Against Chicago Title by Krista Freitag. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Krista Freitag (with Exhibit A))(Fates, Edward) (jdt). - Submitted.(Court Reporter/ECR Cynthia Ott). (Attorneys Megan Donohue; Steven Strauss; Edward Fates)(no document attached) (tlw)
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Filing 644
ORDER BY JUDGE GODDARD: Motion Submitted #615 MOTION for Order for Approval of Sale of 140 Keller Street Property ("140 Keller Street Motion"). In light of the lack of opposition to the 140 Keller Street Motion and the #643 Notice of Results of Auction of 140 Keller Street Property and Request to Approve Sale to Winning Bidder, filed by the Receiver Krista Freitag on 4/12/2021, the Court finds the 140 Keller Street Motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motion will be deemed submitted as of this date. As no other property sale motions were filed by the deadline to be heard at the same time as the 140 Keller Street Motion, the Motion Hearing set for 4/30/2021 is VACATED. Signed by Magistrate Judge Allison H. Goddard on 4/12/21.(no document attached) (kxm)
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Filing 643
NOTICE of Results of Auction of 140 Keller Street Property and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Fates, Edward) (jdt).
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Filing 642
MOTION for Leave to File Joinder in Receiver's Motion for Court Approval of Settlement Agreement by William Adams. (Pott, Earll) (jdt).
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Filing 641
SUPPLEMENTAL BRIEFING by Defendant Chicago Title Company re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements . (Attachments: #1 Exhibit A)(Strauss, Steven) (jdt).
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Filing 639
ORDER Granting Motion for Permission to File Portion of third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP General Counsel Under Seal. Signed by Judge Larry Alan Burns on 4/7/2021. (anh)
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Filing 638
ORDER approving #570 Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses. Signed by Judge Larry Alan Burns on 4/7/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 637
ORDER granting #569 Third Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses. Signed by Judge Larry Alan Burns on 4/7/2021. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing 636
SUPPLEMENTAL BRIEFING by Defendant Chicago Title Company re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements . (Attachments: #1 Exhibit A)(Strauss, Steven) (jmr).
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Filing 635
ORDER Setting Telephonic Discovery Conference. A telephonic Discovery Conference set for 4/21/2021 at 9:00 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 4/6/2021. (All non-registered users served via U.S. Mail) (jmr)
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Filing 634
Motion and ORDER to Appear Telephonically or by Videoconference During the COVID-19 Public Emergency (Document Available to Filing Party Only). Signed by Judge Larry Alan Burns on 4/5/2021. (jmr)
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Filing 632
RESPONSE in Support re #628 MOTION for Order for Approval of Settlement Agreement with William Adams and Related Entities Joinder in Receiver's Motion for Court Approval of Settlement Agreement filed by William Adams. (Pott, Earll) (tcf).
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Filing 631
NOTICE of Receipt of Qualified Overbids by Krista Freitag re #615 MOTION for Order for Approval of Sale of 140 Keller Street Property (Fates, Edward) (mme).
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Filing 630
STATUS REPORT - Receiver's Updated Investor-Specific Forensic Accounting and Report by Krista Freitag. (Zaro, David) (mme).
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Filing 629
REPLY to Response to Motion re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements filed by Chicago Title Company. (Attachments: #1 Declaration of Megan L. Donohue, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Proof of Service for Counsel for William Adams, #6 Proof of Service for Counsel for Marco Costales, #7 Proof of Service for Gina Champion-Cain)(Strauss, Steven) (jmr).
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Filing 628
MOTION for Order for Approval of Settlement Agreement with William Adams and Related Entities by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Exhibit B, #5 Proof of Service)(Fates, Edward) (jmr).
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Filing 627
MINUTE ORDER. The unauthorized objection filed by non-parties Kim Funding, LLC and Kim H. Peterson (Docket no. #626 ) is ordered stricken and the Clerk is directed to remove it from the docket. Signed by Judge Larry Alan Burns on 3/26/2021. (jdt) (Additional attachment(s) added on 3/26/2021: #1 Stricken Document) (jdt).
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Filing 626
**STRICKEN ON 3/26/2021 PER ORDER #627 ** (Main Document 626 replaced on 3/26/2021) (jdt).
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Filing 625
MINUTE ORDER. Currently on calendar for Monday, 4/12/2021 at 3:00 p.m. is a hearing on the Receiver's motion to pursue certain claims (Dkt. No. #323 ). Only counsel representing the Receiver and other listed parties of record in this case wishing to participate may appear in person (e.g., Chicago Title, Gina Champion-Cain, or the SEC). Counsel for non-parties, and any members of the public may listen to the hearing by dialing (888) 363-4734 and entering Access Code 6952753. The phone line will be for listening only, not speaking. This is a public hearing, and any member of the public is permitted to attend in person, space permitting. An overflow area will be available if needed. However, except for attorneys representing parties (the Receiver, Chicago Title, Gina Champion-Cain, and the SEC), no one is authorized to speak at or participate in the hearing. Signed by Judge Larry Alan Burns on 3/24/2021. (All non-registered users served via U.S. Mail Service) (jdt)
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Filing 624
ORDER Denying Ex Parte Motions to File Additional Briefing (Dkt. Nos. #620 , #622 ); and ORDER Vacating Hearing on Motion to Approve Settlements (Dkt. No. #607 ). Chicago Title may file its reply brief, but the hearing currently on calendar for Monday, 4/5/2021 at 11:15 a.m. is vacated. The parties should be prepared to discuss the motion briefly at the 4/12/2021 hearing on the Receiver's pending motion to pursue clawback claims. Signed by Judge Larry Alan Burns on 3/23/2021. (All non-registered users served via U.S. Mail Service)(jdt)
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Filing 623
CERTIFICATE OF SERVICE by Kim Funding, LLC, Kim H. Peterson re #622 Ex Parte MOTION for Leave to File a Response to Non-Party Chicago Titles Motion for a Finding that Settlements are in Good Faith Pursuant to Cal. Code Civ. Proc. 877.6 (Peters, Elliot) (jdt).
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Filing 622
Ex Parte MOTION for Leave to File a Response to Non-Party Chicago Titles Motion for a Finding that Settlements are in Good Faith Pursuant to Cal. Code Civ. Proc. 877.6 by Kim Funding, LLC, Kim H. Peterson. (Attachments: #1 Exhibit A, #2 Declaration of Elliot R. Peters, #3 Declaration of Cody S. Harris, #4 Exhibit 1-4 to Declaration of Cody S. Harris)(Peters, Elliot) (jdt).
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Filing 621
RESPONSE in Opposition re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements filed by Krista Freitag. (Attachments: #1 Proof of Service)(Fates, Edward) (jdt).
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Filing 620
Ex Parte MOTION to Permit Filing of Joinder to Motion to Find Settlement in Good Faith re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements by Randolph Levin. (Attachments: #1 Proof of Service)(Kirby, Michael)(jrm).
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Filing 619
STATUS REPORT Receiver's Sixth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Fates, Edward) (jrm).
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Filing 618
ORDER Setting Briefing Schedule and Hearing on Motion and Setting Filing Deadline for Additional Property Sale Motions to be Heard at the Same Time. Motion Hearing re #615 Motion set for 4/30/2021 at 09:30 AM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Responses due by 3/24/2021, Replies due by 4/1/2021. Signed by Magistrate Judge Allison H. Goddard on 3/10/2021.(All non-registered users served via U.S. Mail Service)(jmr)
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Filing 617
RESPONSE re #568 Order on Motion for Order,,, Receiver's Accounting of Costs of Sale of West Washington Property filed by Krista Freitag. (Fates, Edward) (jmr).
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Filing 616
RESPONSE re #557 Order on Motion for Order Receiver's Accounting of Costs of Sale of 3792 Mission Blvd. Property filed by Krista Freitag. (Fates, Edward) (jmr).
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Filing 615
MOTION for Order for Approval of Sale of 140 Keller Street Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (jmr).
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Filing 614
ORDER: (1) Granting Request to Approve Sale of 3816 Mission Blvd. Property to Winning Bidder; and (2) Granting in Part and Denying in Part Motion for Approval of Sale of 3816 Mission Blvd. Property (ECF Nos. #586 , #604 .) Signed by Magistrate Judge Allison H. Goddard on 3/9/2021. (jdt)
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Filing 613
Notice of Document Discrepancies and Order Thereon by Judge Larry Alan Burns Rejecting re #609 Notice of Joinder, from Interested Party Mark Atherton. Non-compliance with local rule(s), Filing by non-parties is prohibited per the Court's order dated 7/10/2020 (see Dkt. No. #389 ): "Leave for non-parties to file briefing in this action is therefore RESCINDED. "Correspondingly, this ruling means that parties to related actions who are not also parties to this action may not file briefing in the docket without leave." Additional orders reaffirming the prohibition on briefing by non-party filers were entered into the docket on 1/8/2021 (see Dkt. Nos. #563 and #564 ). 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 Larry Alan Burns on 3/5/2021. (Attachments: #1 Stricken Document)(jdt)
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Filing 612
Notice of Document Discrepancies and Order Thereon by Judge Larry Alan Burns Rejecting re #608 Notice of Joinder, from Interested Party Randolph Levin. Non-compliance with local rule(s), Filing by non-parties is prohibited per the Court's order dated 7/10/2020 (see Dkt. No. #389 ): "Leave for non-parties to file briefing in this action is therefore RESCINDED. "Correspondingly, this ruling means that parties to related actions who are not also parties to this action may not file briefing in the docket without leave." Additional orders reaffirming the prohibition on briefing by non-party filers were entered into the docket on 1/8/2021 (see Dkt. Nos. #563 and #564 ). 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 Larry Alan Burns on 3/5/2021. (Attachments: #1 Stricken Document)(jdt)
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Filing 611
CERTIFICATE OF SERVICE by Chicago Title Company re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements (Overnight Service) (Strauss, Steven) (jdt).
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Filing 610
CERTIFICATE OF SERVICE by Chicago Title Company re #607 MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements (Mail Service) (Strauss, Steven) (jdt).
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Filing 609
**STRICKEN ON 3/5/2021 PER ORDER #613 ** (Main Document 609 replaced on 3/8/2021) (jdt).
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Filing 608
**STRICKEN ON 3/5/2021 PER ORDER #612 ** (Main Document 608 replaced on 3/8/2021) (jdt). (Attachment 1 replaced on 3/8/2021) (jdt).
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Filing 607
*** Withdrawn per #682 *** MOTION Finding that Settlements are in Good Faith Pursuant to Civil Code Section 877.6 and Approval of Settlement Agreements by Chicago Title Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Megan L. Donohue, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Proof of Service)(Strauss, Steven) (jdt). Modified on 6/4/2021 (jmr).
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Filing 606
REPLY - Other re #602 Response in Opposition to Motion re Investors and Receiver's Brief re a Stay filed by Chicago Title Company. (Attachments: #1 Declaration of Megan L. Donohue, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Strauss, Steven) (jdt).
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Filing 605
MOTION for Leave to File Excess Pages to Respond to Receiver Filing, Dkt. 602 by Chicago Title Company. (Strauss, Steven) (jdt).
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Filing 604
NOTICE of Results of Auction of 3816 Mission Blvd. Property and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt). Modified on 3/9/2021 to change event to Motion (jdt).
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Filing 603
RESPONSE in Support re #323 MOTION for Authority to Pursue Claims Against Chicago Title Receiver's Amendment to Motion for Authority to Pursue Claims Against Chicago Title [Doc. No. 323]; and Statement in Opposition to Stay of Investor Actions filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 602
RESPONSE in Opposition re #493 MOTION for Authority to Pursue Clawback Claims and Approval of Proposed Procedures filed by Non-Party Creditor Ovation Finance Holdings 2 LLC. (Attachments: #1 Declaration of R. Alexander Pilmer in Opposition to Chicago Title's Request for Injunction Against State Court Litigation, #2 Exhibit 1 to the Declaration of R. Alexander Pilmer, #3 Exhibit 2 to the Declaration of R. Alexander Pilmer, #4 Exhibit 3 to the Declaration of R. Alexander Pilmer, #5 Exhibit 4 to the Declaration of R. Alexander Pilmer, #6 Exhibit 5 to the Declaration of R. Alexander Pilmer, #7 Exhibit 6 to the Declaration of R. Alexander Pilmer, #8 Exhibit 7 to the Declaration of R. Alexander Pilmer, #9 Exhibit 8 to the Declaration of R. Alexander Pilmer, #10 Exhibit 9 to the Declaration of R. Alexander Pilmer, #11 Exhibit 10 to the Declaration of R. Alexander Pilmer, #12 Exhibit 11 to the Declaration of R. Alexander Pilmer, #13 Exhibit 12 to the Declaration of R. Alexander Pilmer, #14 Declaration of Michael Yoder in Opposition to Chicago Title's Request for Injunction, #15 Exhibit 13 to the Declaration of Michael Yoder)(Pilmer, Robert) (jdt). Modified on 3/1/2021 to correct link and edit docket text per guidance from Judge Burns' chambers (jdt).
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Filing 601
ORDER Granting #600 Leave for Gina Champion-Cain to File Electronically. Signed by Judge Larry Alan Burns on 2/26/2021. (All non-registered users served via U.S. Mail Service) (jdt)
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Filing 599
MINUTE ORDER BY JUDGE GODDARD. In light of the Receiver's #596 Notice of Receipt of Qualified Overbid for the 3816 Mission Blvd. Property, and the pending auction on the property scheduled to take place on 2/25/2021, the Court VACATES the Motion Hearing set for 02/26/2021 on the Receiver's #586 Motion for Order for Approval of Sale of 3816 Mission Blvd. Property. If deemed necessary later, the Court will reset the hearing on the 3816 Mission Blvd. Property Motion, notice of auction results, and request to approve the sale to the winning bidder. Signed by Magistrate Judge Allison H. Goddard on 2/24/21.(no document attached) (kxm)
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Filing 598
NOTICE of Appearance of Pro Se Defendant by Gina Champion-Cain. FILED NUNC PRO TUNC 2/16/2021. (jdt)
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Filing 597
Notice of Document Discrepancies and Order Thereon by Judge Larry Alan Burns Accepting Document: Notice of Appearance of Pro Se Defendant, from Defendant Gina Champion-Cain. Non-compliance with local rule(s), Civ. L. Rule 5.2 - Missing Proof of Service. Nunc Pro Tunc 2/16/2021. Signed by Judge Larry Alan Burns on 2/24/2021. (All non-registered users served via U.S. Mail Service)(jdt)
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Filing 596
NOTICE of Receipt of Qualified Overbid by Krista Freitag re #586 MOTION for Order for Approval of Sale of 3816 Mission Blvd. Property (Fates, Edward) (jdt).
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Filing 600
Ex Parte Application for Leave to Electronically File Documents by Gina Champion-Cain. (jdt)
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Filing 595
ORDER Directing Defendant Gina Champion-Cain to Provide Address and Requiring Former Counsel to Provide Assistance. The Clerk is directed to add the email address where Champion-Cain would like to receive email notifications of docket activity to the docket. Signed by Judge Larry Alan Burns on 2/17/2021. (Defendant Gina Champion-Cain served electronically via the email address included in Docket No. #593 .) (jdt)
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Filing 594
NOTICE OF WITHDRAWAL OF DOCUMENT by Gina Champion-Cain re #593 Supplemental Document filed by Gina Champion-Cain . (Machala, Angela) (jdt).
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Filing 593
***WITHDRAWN per ECF #594 *** SUPPLEMENTAL DOCUMENT by Gina Champion-Cain re #592 Order on Motion to Withdraw as Attorney, Notice of Appearance of Pro Se Defendant. (Machala, Angela). QC email to withdraw; address incomplete. (jdt). Modified on 2/16/2021 to withdraw (jdt).
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Filing 592
ORDER Granting #588 Ex Parte Application of Scheper Kim & Harris LLP for Leave to Withdraw as Counsel for Defendant Champion-Cain. Scheper Kim & Harris is terminated as counsel for Defendant Champion-Cain in this action only. Scheper Kim & Harris is not terminated as counsel in the criminal action, case number 20cr2115-LAB. (Attorney Angela Marie Machala and David Charles Scheper terminated). Signed by Judge Larry Alan Burns on 2/8/2021. (jdt)
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Filing 591
JUDGMENT as to Defendant Gina Champion-Cain. Signed by Judge Larry Alan Burns on 2/8/2021. (jdt)
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Filing 590
MINUTE ORDER. Currently on calendar for Tuesday, 2/16/2021 at 11:15 a.m. is a hearing on the third interim fee applications by Receiver Krista Freitag and Receiver's counsel Allen Matkins (Docket nos. #569 and #570 ), as well as a motion to file certain supporting documents under seal. (Docket no. #572 .) No oppositions have been filed. The Court finds these motions suitable for decision without a hearing or oral argument. Accordingly, the hearing is taken off calendar and these matters are taken under submission. No appearances will be required in these matters on 2/16/2021. Signed by Judge Larry Alan Burns on 2/8/2021. (jdt)
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Filing 589
ORDER Permitting Receiver to Object to Champion-Cain's Proffered Consent Judgment. If the Receiver objects to the proposed entry of judgment (Dkt. No. #585 ), she should file an objection by noon on Friday, 2/5/2021. No other party or non-party should file any response. Signed by Judge Larry Alan Burns on 2/3/2021. (jdt)
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Filing 588
Ex Parte MOTION to Withdraw as Attorney by Gina Champion-Cain. (Attachments: #1 Declaration of Angela M. Machala)(Scheper, David) (jdt).
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Filing 587
ORDER: (1) Setting Briefing Schedule and Hearing on Motion; (2) Setting Deadline for Additional Property Sale Motions to be Heard at the Same Time (ECF No. #586 ). Any response in opposition to the Receiver's Motion is due on or before 2/11/2021. Receiver's reply is due on or before 2/18/2021. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline of 2/22/2021. The Court sets a motion hearing for 2/26/2021 at 3:00 PM in Courtroom 3C before Magistrate Judge Allison H. Goddard. Any property sale motions the Receiver files by 2/5/2021 will be heard at the same time. Signed by Magistrate Judge Allison H. Goddard on 1/28/2021. (jdt)
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Filing 586
MOTION for Order for Approval of Sale of 3816 Mission Blvd. Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 585
NOTICE of Settlement Consent of Defendant Gina Champion-Cain by Securities and Exchange Commission (Attachments: #1 Exhibit A, #2 Exhibit B)(Wanner, Kathryn). Modified on 1/27/2021 to restrict plea agreement (jdt).
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Filing 584
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 1/22/2021 before Magistrate Judge Allison H. Goddard. Court Reporter/Transcriber: Cynthia R. Ott. 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 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021. (akr)
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Filing 583
ORDER Granting Joint Motion Regarding: (A) Further Exchange of Investor Information Between Chicago Title Company and the Receiver Under the Mediation Privilege; and (B) Production of Additional Bank Records Pursuant to Protective Order (ECF No. #582 ). Signed by Magistrate Judge Allison H. Goddard on 1/27/2021. (jdt)
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Filing 582
Joint MOTION for Protective Order Regarding Further Exchange of Investor Information Between Chicago Title Company and the Receiver Under the Mediation Privilege, and (B) Production of Additional Bank Records Pursuant to Protective Order by Chicago Title Company. (Donohue, Megan) (jdt).
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Filing 581
TRANSCRIPT ORDER - For hearing(s) on 1/22/2021 by Chicago Title Company. (Donohue, Megan) (jdt).
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Filing 580
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: telephonic, attorneys-only Status Conference held on 1/22/2021. The parties were directed to submit a joint motion memorializing their agreement. The Court will reserve January 27, 2021 from 9:00 a.m. to 11:00 a.m. in case the parties require additional assistance. (Plaintiff Attorney Kathryn Wanner). (Defendant Attorneys Ted Fates, Megan Donohue, Angela Machala). (Benjamin Galdston, Michael Kirby, Pat Swan, Edward Schroeder, Jr., Nathan Brown).(no document attached) (cxg)
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Filing 579
RESPONSE re #541 Order on Motion for Order Receiver's Accounting of Costs of Sale of 7243 Camino Degrazia, Unit 59 Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 578
RESPONSE re #531 Order on Motion for Order Receiver's Accounting of Costs of Sale of 4364 Valle Vista Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 577
RESPONSE re #530 Order on Motion for Order Receiver's Accounting of Costs of Sale of Yarmouth Court Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 576
RESPONSE re #511 Order on Motion for Order, Receiver's Accounting of Costs of Sale of 812 San Rafael Place Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 575
ORDER Granting #574 Leave to File to File Reply Brief Regarding Stay. No later than 3/4/2021, Chicago Title may file a brief not to exceed ten pages, addressing the non-parties' arguments. Signed by Chief Judge Larry Alan Burns on 1/15/2021. (jdt)
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Filing 574
MOTION for Leave to File Brief Regarding Stay of State Court Actions by Chicago Title Company. (Strauss, Steven) (jdt).
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Filing 573
SEALED LODGED Proposed Document re: #572 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fates, Edward)
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Filing 572
MOTION to File Documents Under Seal (With attachments)(Fates, Edward)
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Filing 571
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #569 MOTION Third Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses , #570 MOTION Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses (Fates, Edward) (jdt).
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Filing 570
MOTION Third Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 569
MOTION Third Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fates, Edward) (jdt).
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Filing 568
ORDER: (1) Granting Request to Approve Sale of West Washington Property to Winning Bidder; and (2) Granting in Part and Denying in Part Motion for Approval of Sale of West Washington Property (ECF Nos. #520 , #559 ). Signed by Magistrate Judge Allison H. Goddard on 1/12/2021. (jdt)
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Filing 567
ORDER Granting Joint Motion for Protective Order Regarding Exchange of Information Between Chicago Title Company and the Receiver (ECF No. #562 ). Signed by Magistrate Judge Allison H. Goddard on 1/12/2021. (jdt)
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Filing 562
Joint MOTION for Protective Order Regarding Exchange of Information Between Chicago Title Company and The Receiver by Chicago Title Company. (Donohue, Megan) (jdt).
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Filing 566
ORDER Granting #558 Joint Motion Regarding Receivership Claims. Signed by Chief Judge Larry Alan Burns on 1/8/2021. (jdt)
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Filing 565
ORDER Approving Substitution of Counsel. (Docket no. #549 .) Signed by Chief Judge Larry Alan Burns on 1/8/2021. (jdt)
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Filing 564
ORDER Granting Leave to File Consolidated Brief Opposing Stay of Civil Actions. The brief should be filed no later than 2/26/2021. Signed by Chief Judge Larry Alan Burns on 1/8/2021. (jdt)
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Filing 563
ORDER Clarifying the Status of the Parties and Authorization to File in the Docket and Appear at Hearings. Signed by Chief Judge Larry Alan Burns on 1/8/2021. (jdt)
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Filing 561
ORDER Setting Telephonic Status Conference. A telephonic, attorneys-only Status Conference is set for 1/22/2021 at 2:30 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 1/7/2021.(jdt)
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Filing 560
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: telephonic Status Conference held on 1/7/2021. Order setting additional status conference to follow. (Plaintiff Attorney Kathryn Wanner). (Defendant Attorneys Ted Fates, Megan Donohue). (Counsel for other interested parties: Benjamin Galdston, Michael Kirby, Sophie Hood, Alexander Pilmer, Michael Shipley, Pat Swan).(no document attached) (cxg)
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Filing 559
NOTICE of Results of Auction of West Washington Property and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt). Modified on 1/12/2021 to change event to Motion (jdt).
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Filing 558
Joint MOTION Regarding Receivership Claims by Chicago Title Company. (Attachments: #1 Declaration of Steven M. Strauss, #2 Exhibit 1 to Strauss Declaration, #3 Exhibit 2 to Strauss Declaration)(Strauss, Steven) (jdt).
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Filing 557
ORDER Granting #509 Receiver's Motion for Approval of Sale of 3792 Mission Blvd. Property. Signed by Magistrate Judge Allison H. Goddard on 12/23/2020. (mme)
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Filing 556
STATUS REPORT Receiver's Fifth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt).
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Filing 555
ORDER, Motions Submitted #509 MOTION for Order for Approval of Sale of 3792 Mission Blvd. Property, #520 MOTION for Order for Approval of Sale of West Washington Property. The Court finds these motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. Signed by Magistrate Judge Allison H. Goddard on 12/23/2020.(no document attached) (cxg)
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Filing 554
NOTICE of Receipt of Qualified Overbid by Krista Freitag re #520 MOTION for Order for Approval of Sale of West Washington Property (Fates, Edward) (jmr).
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Filing 553
Order Setting Telephonic Status Conference. Telephonic, attorneys-only Status Conference set for 1/7/2021 03:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 12/21/2020.(jrm)
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Filing 552
ORDER Following Hearing on #323 Receiver's Motion for Authorization to Bring Claims Against Chicago Title. Motion Hearing set for 4/12/2021 at 3:00 PM before Chief Judge Larry Alan Burns. Signed by Chief Judge Larry Alan Burns on 12/17/2020.(jdt)
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Filing 551
ORDER Approving #493 Authority to Pursue Clawback Claims and Approval of Proposed Procedures. Signed by Chief Judge Larry Alan Burns on 12/17/2020. (jdt)
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Filing 550
ORDER Granting #512 Joint Motion Regarding Receivership Claims. Signed by Chief Judge Larry Alan Burns on 12/17/2020. (jdt)
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Filing 549
NOTICE of SUBSTITUTION OF COUNSEL by ABC Funding Strategies, LLC, Joseph J. Cohen, Kamaljit K. Kapur, Kim Funding, LLC, Kim H. Peterson, Payson R. Stevens, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Peters, Elliot)Attorney Elliot R Peters added to party ABC Funding Strategies, LLC(pty:ip), Attorney Elliot R Peters added to party Joseph J. Cohen(pty:ip), Attorney Elliot R Peters added to party Kamaljit K. Kapur(pty:ip), Attorney Elliot R Peters added to party Kim Funding, LLC(pty:ip), Attorney Elliot R Peters added to party Kim H. Peterson(pty:ip), Attorney Elliot R Peters added to party Payson R. Stevens(pty:ip), Attorney Elliot R Peters added to party The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014(pty:ip)(jrm).
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Filing 548
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 12/17/2020 before Judge Larry Alan Burns. Court Reporter/Transcriber: Cynthia R. Ott. 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 1/8/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/18/2021. (akr)
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Filing 546
ORDER granting Ex Parte Motion for Leave to File Status Report Under Seal #517 . Signed by Chief Judge Larry Alan Burns on 12/17/2020. (anh)
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Filing 545
Minute Entry for proceedings held before Chief Judge Larry Alan Burns: Motion Hearing held on 12/17/2020 re #323 MOTION for Authority to Pursue Claims Against Chicago Title and #493 MOTION for Authority to Pursue Clawback Claims and Approval of Proposed Procedures. Court to issue order.(Court Reporter/ECR Cynthia Ott). (Plaintiff Attorney Kathryn Warner (telephonic)). (Defendant Attorney Steven Strauss; R. Alexander Pilmer; Mark Cramer; Benjamin Galdston ; Gary Aguirre; Edward Fates). (no document attached) (tlw)
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Filing 544
STATUS REPORT (Supplemental) by Chicago Title Company. (Attachments: #1 Exhibit A)(Strauss, Steven) (jdt).
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Filing 543
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #509 MOTION for Order for Approval of Sale of 3792 Mission Blvd. Property (Fates, Edward) (jdt).
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Filing 542
ORDER Granting in Part Motions to Appear Telephonically (Docket Numbers #522 , #523 , #524 , #525 , #526 ). Signed by Chief Judge Larry Alan Burns on 12/14/2020. (jdt)
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Filing 541
ORDER Granting Receiver's Motion for Approval of Sale of Camino Degrazia Property (ECF #501 ). Signed by Magistrate Judge Allison H. Goddard on 12/11/2020. (jdt)
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Filing 540
ORDER Approving #415 Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, for Payment of Fees and Reimbursement of Expenses. Signed by Chief Judge Larry Alan Burns on 12/10/2020. (jdt)
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Filing 539
ORDER Approving #414 Second Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses. Signed by Chief Judge Larry Alan Burns on 12/10/2020. (jdt)
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Filing 537
ORDER Granting Motion for Permission to File Portion of Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP. General Counsel Under Seal.. Signed by Chief Judge Larry Alan Burns on 12/10/2020. (anh)
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Filing 536
RESPONSE re #508 Order on Motion for Order Receiver's Accounting of Costs of Sale of 7940 University Avenue, #9 Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 535
RESPONSE re #494 Order on Motion for Order Receiver's Accounting of Costs of Sale of 4030-4034 Randolph Street Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 534
RESPONSE re #481 Order on Motion for Order Receiver's Accounting of Costs of Sale of 4829 Bella Pacific Row Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 533
RESPONSE re #426 Order on Motion for Order Receiver's Accounting of Costs of Sale of the Surf Rider La Mesa Property and Associate Personal Property and Liquor License filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 532
MINUTE ORDER, Motions Submitted #501 MOTION for Order for Approval of Sale of Camino Degrazia Property. The Court finds this motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motion will be deemed submitted as of this date. Signed by Magistrate Judge Allison H. Goddard on 12/11/2020.(no document attached) (cxg)
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Filing 531
ORDER Granting Receiver's Motion for Approval of Sale of 4364 Valle Vista Property (ECF No. #478 ). Signed by Magistrate Judge Allison H. Goddard on 12/11/2020. (jdt)
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Filing 530
ORDER Granting Receiver's Motion for Approval of Sale of Yarmouth Court Property (ECF No. #491 ). Signed by Magistrate Judge Allison H. Goddard on 12/10/2020. (jdt)
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Filing 529
NOTICE of Filing of Declaration of Gina Champion-Cain Pursuant to Court's December 10, 2020 Order by Krista Freitag re #528 Order, (Attachments: #1 Declaration of Gina Champion-Cain)(Fates, Edward) (jdt).
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Filing 528
ORDER Requiring Trustee Regarding Sale of Valle Vista Property (ECF No. #478 ). On or before 12/15/2020, the Receiver is ordered to file a declaration signed by Ms. Champion-Cain expressly confirming that the Receiver is authorized and directed to act on behalf of The Joseph Alex Himmelberg and Gina Champion-Cain Trust Dated January 26, 2015 for all purposes related to the sale of the Valle Vista Property. Signed by Magistrate Judge Allison H. Goddard on 12/9/2020. (jdt)
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Filing 527
MINUTE ORDER. The hearing currently on calendar for Thursday, 12/17/2020 at 1:30 p.m. will take place on the same day, but will begin at 10:00 a.m. instead of 1:30 p.m. Although non-parties were permitted to file status reports, their involvement in the hearing is not required. Only counsel for parties in this case should participate at the hearing. One lead counsel should appear for each party, and must attend in person unless permitted to appear telephonically or by videoconferencing. Provision will be made for additional counsel, counsel for interested parties, the parties themselves, and the public to listen to the hearing telephonically. The Court will rule on ex parte motions to appear telephonically or by videoconferencing in a later order. Instructions for remote participation will be provided closer to the hearing date in an order or notation in the docket. Signed by Chief Judge Larry Alan Burns on 12/9/2020. (jdt)
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Filing 526
MOTION to Appear Telephonically or by Videoconference re #323 MOTION for Authority to Pursue Claims Against Chicago Title , #493 MOTION for Authority to Pursue Clawback Claims and Approval of Proposed Procedures by Gina Champion-Cain. (Machala, Angela) Modified on 12/9/2020 to add restriction (jdt).
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Filing 525
MOTION appear telephonically re #323 MOTION for Authority to Pursue Claims Against Chicago Title , #493 MOTION for Authority to Pursue Clawback Claims and Approval of Proposed Procedures by Marc Shular. (Attachments: #1 Declaration Kirby Declaration ISO Motion to Appear Telephonically, #2 Proof of Service of Motion and Kirby DEC re Motion to Appear Telephonically)(Kirby, Michael) Modified on 12/8/2020 to add restriction (jdt).
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Filing 524
MOTION for Leave to Appear by Telephone by John H. Stephens on behalf of CALPRIVATE BANK (Stephens, John). Modified on 12/8/2020 to change event title to motion (jdt).
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Filing 523
MOTION to Appear Telephonically or by Videoconference re #323 MOTION for Authority to Pursue Claims Against Chicago Title , #493 MOTION for Authority to Pursue Clawback Claims and Approval of Proposed Procedures by Non-Party Creditor Banc of California. (Ziehl, Dean). Modified on 12/8/2020 to add restriction (jdt).
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Filing 522
MOTION for Leave to Appear Telephonically or by Videoconference During the Covid-19 Public Emergency by Securities and Exchange Commission. (Attachments: #1 Proof of Service)(Wanner, Kathryn) Modified on 12/8/2020 to add restriction (jdt).
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Filing 521
STATUS REPORT by Marc Shular. (Attachments: #1 Proof of Service)(Kirby, Michael) (jdt).
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Filing 520
MOTION for Order for Approval of Sale of West Washington Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 519
STATUS REPORT by Chicago Title Company. (Attachments: #1 Declaration of Megan L. Donohue)(Strauss, Steven) (jdt).
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Filing 518
**Docketed under seal at doc. no. 547 per Order #546 ** SEALED LODGED Proposed Document re: #517 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Galdston, Benjamin) (anh). Modified on 12/18/2020 (anh).
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Filing 517
MOTION to File Documents Under Seal (Galdston, Benjamin) (anh).
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Filing 516
STATUS REPORT Receiver's Status Report Regarding Motion for Authority to Pursue Claims Against Chicago Title by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 515
MINUTE ORDER. Currently on calendar for Tuesday, 12/15/2020, at 3:00 p.m. is a hearing on two motions brought by the Receiver. (Dkt. Nos. #323 , #493 .) Because of a conflict in the Court's calendar, this hearing is continued to Thursday, 12/17/2020, at 1:30 p.m. No appearances before Judge Burns will be required in this case on 12/15/2020. The hearing will be held in person. Any motions to appear telephonically must be filed no later than Friday, 12/11/2020 at 12:00 noon. Signed by Chief Judge Larry Alan Burns on 12/1/2020. (jdt)
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Filing 514
STATUS REPORT by CALPRIVATE BANK. (Stephens, John) (jdt).
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Filing 513
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #501 MOTION for Order for Approval of Sale of Camino Degrazia Property (Fates, Edward) (jdt).
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Filing 512
Joint MOTION re Receivership Claims by Chicago Title Company. (Attachments: #1 Declaration Steven Strauss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Strauss, Steven) (jdt).
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Filing 511
ORDER: (1) Granting Request to Approve Sale of 812 San Rafael Place Property to Winning Bidder; and (2) Granting in Part and Denying in Part Motion for Approval of Sale of 812 San Rafael Place Property (ECF Nos. #473 , #505 ). Signed by Magistrate Judge Allison H. Goddard on 11/24/2020. (jdt)
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Filing 510
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #491 MOTION for Order for Approval of Sale of Yarmouth Court Property (Fates, Edward)
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Filing 509
MOTION for Order for Approval of Sale of 3792 Mission Blvd. Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 508
ORDER Granting Receiver's Motion for Approval of Sale of Real Property Located at 7940 University Avenue, #9, La Mesa (ECF No. #472 ). Signed by Magistrate Judge Allison H. Goddard on 11/13/2020. (jdt)
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Filing 507
MINUTE ORDER, Motions Submitted #491 MOTION for Order for Approval of Sale of Yarmouth Court Property, #478 MOTION for Order for Approval of Sale of 4364 Valle Vista Property. The Court finds these motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. Signed by Magistrate Judge Allison H. Goddard on 11/13/2020.(no document attached) (cxg)
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Filing 506
ORDER Granting #499 Joint Motion and Stipulated Request for Order Granting Defendant Champion-Cain Limited Relief from Preliminary Injunction. Signed by Chief Judge Larry Alan Burns on 11/12/2020. (jdt)
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Filing 505
NOTICE of Results of Auction for Sale of 812 San Rafael Place Property and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt).
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Filing 504
RESPONSE re #482 Order on Motion for Order: Receiver's Accounting of Costs of Sale of 7565-7571 University Avenue Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 503
RESPONSE re #434 Order on Motion for Order Receiver's Accounting of Costs of Sale of 737 Windemere Court Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 502
ORDER: (1) Setting Briefing Schedule and Hearing on Motion; and (2) Setting Filing Deadline for Additional Property Sale Motions to be Heard at the Same Time (ECF No. #501 ). Any response in opposition to the Degrazia Motion is due on or before 11/25/2020. Receiver's reply is due on or before 12/3/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline of 11/30/2020 set forth in the proposed publication of notice. A Motion Hearing is set for 12/30/2020 at 9:30 AM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Any property sale motions the Receiver files by 12/2/2020 will be heard at the same time, with oppositions due by 12/16/2020, and the Receiver's reply due on or before 12/23/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline set forth in the proposed publication of notice set forth in any subsequent motions. Signed by Magistrate Judge Allison H. Goddard on 11/10/2020. (jdt)
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Filing 501
MOTION for Order for Approval of Sale of Camino Degrazia Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 500
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #478 MOTION for Order for Approval of Sale of 4364 Valle Vista Property (Fates, Edward) (jdt).
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Filing 499
Joint MOTION Stipulated Request for Order Granting Limited Relief from Preliminary Injunction re #6 Order on Motion for Preliminary Injunction by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 498
ORDER Continuing Hearing on Motions. The joint motion to continue the 12/7/2020 hearing on the Receiver's motion (Docket no. #323 ) for authority to pursue claims against Chicago Title (Docket no. #492 ) is granted. The hearing currently on calendar for Monday, 12/14/2020 on the Receiver's motion (Docket no. #493 ) for authorization to pursue clawback actions is also continued. The hearing on both motions will be held Tuesday, 12/15/2020 at 3:00 p.m. Signed by Chief Judge Larry Alan Burns on 11/3/2020. (jdt)
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Filing 497
MINUTE ORDER Motions Submitted #472 MOTION for Order for Approval of Sale of Real Property Located at 7940 University Avenue, #9, La Mesa, #473 MOTION for Order for Approval of Sale of 812 San Rafael Place Property. The Court finds these motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. Signed by Magistrate Judge Allison H. Goddard on 11/3/2020.(no document attached) (cxg)
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Filing 496
NOTICE of Receipt of Qualified Overbid by Krista Freitag re #473 MOTION for Order for Approval of Sale of 812 San Rafael Place Property (Fates, Edward) (jdt).
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Filing 495
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #472 MOTION for Order for Approval of Sale of Real Property Located at 7940 University Avenue, #9, La Mesa (Fates, Edward) (jdt).
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Filing 494
ORDER Granting Receiver's Motion for Approval of Sale of Real Property Located at 4030-4034 Randolph Street, San Diego (ECF No. #469 ). Signed by Magistrate Judge Allison H. Goddard on 11/2/2020. (jdt)
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Filing 493
MOTION for Authority to Pursue Clawback Claims and Approval of Proposed Procedures by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A & B to MPA, #3 Declaration)(Fates, Edward) (jdt).
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Filing 492
Joint MOTION to Continue December 7, 2020 Hearing on #323 Receiver's Motion for Authority to Pursue Claims Against Chicago Title Company and Chicago Title Insurance Company by Chicago Title Company. (Strauss, Steven). Modified on 10/28/2020 to add link (jdt).
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Filing 491
MOTION for Order for Approval of Sale of Yarmouth Court Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 490
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #469 MOTION for Order for Approval of Sale of Real Property Located at 4030-4034 Randolph Street, San Diego (Fates, Edward) (jdt).
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Filing 489
ORDER Granting Motion for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Ocean Beach Surf Rider Restaurant (ECF No. #462 ). Signed by Magistrate Judge Allison H. Goddard on 10/26/2020. (jdt)
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Filing 488
ORDER: (1) Granting Request to Approve Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated With Mission Beach Surf Rider Restaurant to Winning Bidder; and (2) Granting in Part and Denying in Part Motion for Approval of Sale (ECF Nos. #408 , #454 ). Signed by Magistrate Judge Allison H. Goddard on 10/23/2020. (jdt)
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Filing 487
MINUTE ORDER. In order to identify clearly which judicial officer a motion is directed to, the parties should henceforth include in the caption a designation showing which judicial officer District Judge Larry Burns or Magistrate Judge Allison Goddard the party or parties are requesting a ruling from. These designations will serve as indicators of the parties' intent, but are not binding on the Court. Signed by Chief Judge Larry Alan Burns on 10/21/2020. (jdt)
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Filing 486
NOTICE of Correct Property Address for Motion for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant by Krista Freitag re 484 Minute Order (No Time). (Fates, Edward) (jdt).
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Filing 485
ORDER Motions Submitted #469 MOTION for Order for Approval of Sale of Real Property Located at 4030-4034 Randolph Street, San Diego and #462 MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Ocean Beach Surf Rider Restaurant. The Court finds these motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. Signed by Magistrate Judge Allison H. Goddard on 10/21/2020.(no document attached) (cxg)
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Filing 484
Minute Order by Magistrate Judge Allison H. Goddard: In the Motion for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant filed by Krista Freitag #408 , the Receiver describes the former "Mission Beach Surf Rider Restaurant" as being located at 3772-3774 Mission Blvd. However, the Preliminary Real Estate and Liquor License Asset Schedule (ECF NO. 76-2) lists only a liquor license and lease for "Surf Rider Pizza - Mission Beach" located at 3770 Mission Blvd. The Receiver is ORDERED to file a notice confirming (1) whether these restaurants are the same facility and (2) the correct address for the restaurant on or before October 23, 2020. Signed by Magistrate Judge Allison H. Goddard on 10/21/2020.(cxg)
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Filing 483
ORDER Granting Joint Motion for Approval of Settlement of Charles Riharb's Disputed Deeds of Trust Recorded Against the 737 Windmere Court and 750 Yarmouth Court Properties (Docket nos. #468 , #480 ). Signed by Chief Judge Larry Alan Burns on 10/19/2020. (jdt)
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Filing 482
ORDER: (1) Granting Request to Approve Sale of 7565-7571 University Avenue to Winning Bidder; and (2) Granting in Part and Denying in Part Motion for Approval of Sale of 7565-7571 University Avenue Property (ECF Nos. #406 , #451 ). Signed by Magistrate Judge Allison H. Goddard on 10/16/2020. (jdt)
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Filing 481
ORDER Granting Receiver's Motion for Approval of Sale of 4829 Bella Pacific Row Property. Signed by Magistrate Judge Allison H. Goddard on 10/16/2020. (jdt)
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Filing 480
Joint MOTION Consent to Exercise of Jurisdiction by a United States Magistrate Judge re #468 Joint MOTION for Approval of Settlement of Charles Riharb's Disputed Deeds of Trust Recorded Against the 737 Windemere Court and 750 Yarmouth Court Properties by Krista Freitag. (Fates, Edward) (jdt).
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Filing 479
ORDER granting #338 Motion to Substitute Attorney. Added attorney Michael L Kirby for Marjorie Kaplowitz; Michael Kaplowitz; Richard Kaplowitz; Bonnie Averbuch; Brian Averbuch; Cassie Averbuch; Martin Averbuch; Megan Averbuch; Philip Averbuch; Rosa Averbuch; Linda Azzara; Kelly Cook; Theodore Cook, Jr; Theodore Cook; FB Cook 2002 Trust; GKK Holdings, LLC; Nancy Heldt; Jan Horn; Taylor Horn; Randy Horn; Horn Family Trust; Horn Family Trust dated February 9, 1998; Horn Family Trust dated September 15, 2016; Randolph Levin; Roberta Mariani; Scott Porter; Porter Revocable Trust; Steven Samuels. Attorney Douglas A Pettit and Phillip L Stern terminated. Signed by Chief Judge Larry Alan Burns on 10/14/2020. (jdt)
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Filing 478
MOTION for Order for Approval of Sale of 4364 Valle Vista Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 477
ORDER Requiring Proposed Order for Joint Motion to Approve Settlement With Charles Riharb. (Docket No. #468 .) Signed by Chief Judge Larry Alan Burns on 10/14/2020. (jdt)
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Filing 476
ORDER Granting #403 Joint Motion for Limited Relief. Signed by Chief Judge Larry Alan Burns on 10/13/2020. (jdt)
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Filing 475
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #462 MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Ocean Beach Surf Rider Restaurant (Fates, Edward) (jdt).
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Filing 474
ORDER: Setting Briefing Schedule and Hearing on Motions; Setting Filing Deadline for Additional Property Sale Motions to be Heard at the Same Time. A Motion Hearing is set for 11/30/2020 at 9:30 AM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Responses due by 10/23/2020 and Replies due by 10/30/2020. Signed by Magistrate Judge Allison H. Goddard on 10/08/2020.(ag)
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Filing 473
MOTION for Order for Approval of Sale of 812 San Rafael Place Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (ag).
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Filing 472
MOTION for Order for Approval of Sale of Real Property Located at 7940 University Avenue, #9, La Mesa by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (ag).
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Filing 471
MINUTE ORDER: Currently on calendar for Tuesday, 10/13/2020 at 11:15 a.m. is a hearing on the Receiver's and Allen Matkins' second interim fee applications (Docket nos. #414 , #415 ) and the related motion for leave to file documents under seal. (Docket no. #417 .) No oppositions to these motions have been filed. The Court finds these motions suitable for decision without oral argument. Accordingly, the hearing on these motions is taken off calendar and the motions are taken under submission. No appearances will be required in these matters on 10/13/2020. Signed by the Chambers of Chief Judge Larry Alan Burns on 10/7/2020. (jdt)
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Filing 470
ORDER Setting Briefing Schedule and Hearing on Motion (ECF No. #469 ). Responses due by 10/19/2020. Receiver's reply is due by 10/26/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids by the deadline of 10/26/2020, set forth in the proposed publication of notice. A Motion Hearing is set for 10/26/2020 at 9:00 AM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 10/6/2020. (jdt)
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Filing 469
MOTION for Order for Approval of Sale of Real Property Located at 4030-4034 Randolph Street, San Diego by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 468
Joint MOTION for Approval of Settlement of Charles Riharb's Disputed Deeds of Trust Recorded Against the 737 Windemere Court and 750 Yarmouth Court Properties by Krista Freitag. (Fates, Edward) (jdt).
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Filing 467
ORDER Granting Receiver's Motion to Amend Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property (ECF No. #440 ). Signed by Magistrate Judge Allison H. Goddard on 9/24/2020. (jdt)
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Filing 466
RESPONSE re #449 Order on Motion for Order, Receiver's Accounting of Costs of Sale of 809 San Rafael Place Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 465
ORDER: (1) Setting Briefing Schedule and Hearing on Motion; (2) Setting Filing Deadline for Additional Property Sale Motions to be Heard at the Same Time (ECF No. #462 ). Responses due by 10/5/2020. Receiver's reply due by 10/13/2020. Motion hearing set for 10/26/2020 at 9:00 a.m. in Courtroom 3B. Any property sale motions the Receiver files by 10/5/2020 will be heard at the same time. Signed by Magistrate Judge Allison H. Goddard on 9/21/2020. (jdt)
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Filing 464
MINUTE ORDER VACATING MOTION HEARING AND TAKING MOTION UNDER SUBMISSION. In light of the #463 Notice of Settlement Charles M. Riharb's Notice of Settlement of His Secured Claim with the Receiver and Withdrawal of His Limited Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of His Recorded Deed of Trust, the Court hereby VACATES the 9/21/2020 Motion Hearing on the Receiver's #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property ("Motion to Amend"). Because there is no longer any opposition to the Motion to Amend, the Court finds the motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Signed by Magistrate Judge Allison H. Goddard on 9/18/2020.(no document attached) (kxm)
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Filing 463
NOTICE of Settlement Charles M. Riharb's Notice of Settlement of His Secured Claim with the Receiver and Withdrawal of His Limited Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of His Recorded Deed of Trust by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust (Cramer, Mark) (jdt).
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Filing 462
MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Ocean Beach Surf Rider Restaurant by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 461
NOTICE by Magistrate Judge Allison H. Goddard: For interested non-parties and other members of the public who may wish to listen to the 9/21/2020 Motion Hearing on #440 the Receiver's Motion to Amend Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property, they will be able to join through a conference line by dialing 1-877-873-8018, and entering the Access Code 8367902. The Court will provide the video conference connection information on the morning of the hearing to those persons identified in Paragraph 2 of its #456 Order Setting the Motion Hearing, any other additional participants identified by counsel for the Receiver or for Mr. Riharb, and any party to the action who timely requests the information. Signed by Magistrate Judge Allison H. Goddard on 9/17/2020.(kxm)
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Filing 460
REPLY - Other re #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 459
OBJECTION by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust re #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property Evidentiary Objections re: Charles M. Riharb's Limited Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of his Recorded Deed of Trust (Cramer, Mark) (jdt).
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Filing 458
RESPONSE in Opposition re #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property Charles M. Riharb's Limited Opposition to Receiver's Motion to Amend Order for Sale of 737 Windermere Court Property Free and Clear of his Recorded Deed of Trust; Memorandum of Points and Authorities in Support Thereof filed by Charles M. Riharb, Trustee of the Charles M. Riharb and September A. Riharb Trust. (Attachments: #1 Declaration of Charels M. Riharb in Support of his Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of his Recorded Deed of Trust, #2 Request for Judicial Notice)(Cramer, Mark) (jdt).
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Filing 457
NOTICE OF WITHDRAWAL OF DOCUMENT by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust re #452 Response in Opposition to Motion,,, filed by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust, #453 Objection,, filed by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust Notice of Withdrawal of ECF Nos. 452 and 453. (Cramer, Mark) (jdt).
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Filing 456
ORDER: (1) Resetting Hearing on Motion to Amend Order Granting Receiver's Motion for Approval of Sale of 737 Windermere Court Property; and (2) Modifying Hearing to be Via Videoconference. Due to a conflict on the Courts calendar, the September 18, 2020 hearing on the Motion to Amend is VACATED and RESET for September 21, 2020 at 4:00 p.m. Counsel for the Receiver is ORDERED to give notice of this Order to counsel for Mr. Riharb no later than September 15, 2020. Signed by Magistrate Judge Allison H. Goddard on 9/14/2020.(mme)
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Filing 455
MINUTE ORDER BY JUDGE GODDARD: Motions Submitted: #406 MOTION for Order for Approval of Sale of 7565-7571 University Avenue Property; #408 MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant; #421 MOTION for Order for Approval of Sale of 4829 Bella Pacific Row Property. The Court finds these motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. The Receiver's #440 Motion for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property remains on calendar for hearing. However, the Court will reset the motion hearing date on the Windemere Court motion by separate order. Signed by Magistrate Judge Allison H. Goddard on 9/14/2020.(no document attached) (kxm)
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Filing 454
NOTICE of Results of Auction for Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with Mission Beach Surf Rider Restaurant and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward). Modified on 10/26/2020 to add MOTION for Order (jdt).
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Filing 453
***WITHDRAWN per ECF #457 *** OBJECTION by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust re #452 Response in Opposition to Motion,,, #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property Evidentiary Objections re: Charles M. Riharb's Limited Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of his Recorded Deed of Trust (Cramer, Mark) QC email, wrong filer (dlg). Modified on 9/16/2020 to withdraw (jdt).
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Filing 452
***WITHDRAWN per ECF #457 *** RESPONSE in Opposition re #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property Charles M. Riharb's Limited Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of his Recorded Deed of Trust; Memorandum of Points and Authorities in Support Thereof filed by Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust. (Attachments: #1 Declaration of Charles M. Riharb in Support of his Opposition to Receiver's Motion to Amend Order for Sale of 737 Windemere Court Property Free and Clear of his Recorded Deed of Trust, #2 Request for Judicial Notice)(Cramer, Mark) qc email, incorrect filer. Attorney should withdraw & refile correctly (dlg). Modified on 9/16/2020 to withdraw (jdt).
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Filing 451
NOTICE of Results of Auction for Sale of 7565-7571 University Avenue and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (sxa). Modified on 10/16/2020 to create motion event (jdt).
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Filing 450
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #421 MOTION for Order for Approval of Sale of 4829 Bella Pacific Row Property (Fates, Edward)(sxa).
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Filing 449
ORDER: (1) Granting Request to Approve Sale of the 809 San Rafael Place Property to Winning Bidder; and (2) Granting in Part and Denying in Part Motion for Approval of Sale of the 809 San Rafael Place Property (ECF Nos. #384 , #410 ). Signed by Magistrate Judge Allison H. Goddard on 9/3/2020. (jdt)
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Filing 448
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 8/26/2020 before Judge Larry Alan Burns. Court Reporter/Transcriber: Cynthia R. Ott. 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 9/23/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/1/2020. (akr)
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Filing 447
NOTICE of Receipt of Qualified Overbids by Krista Freitag re #408 MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant (Fates, Edward) (jdt).
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Filing 445
RESPONSE re #422 Order on Motion for Order Receiver's Accounting of Costs of Sale of Tennyson Street Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 444
ORDER Granting #357 Motion for Finding That Settlement is in Good Faith Pursuant to California Code of Civil Procedure Section 877.6. Signed by Chief Judge Larry Alan Burns on 8/28/2020. (jdt)
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Filing 443
ORDER Granting #356 Joint Motion Regarding Receivership Claims. Signed by Chief Judge Larry Alan Burns on 8/28/2020. (jdt)
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Filing 442
MINUTE ORDER by Chief Judge Larry Alan Burns: On Wednesday, 8/26/2020, the Court held a hearing on the Receiver's motion for authorization to bring claims against Chicago Title. (Docket No. #323 .) As announced at that hearing, the Receiver shall promptly file a status report, to include the status of the forensic accounting and settlement. No later than 12/1/2020, Chicago Title, interested non-parties, and the Receiver may file updated status reports. The Court will then hold a follow-on hearing on this motion on 12/7/2020 at 3:00 p.m. Signed by Chief Judge Larry Alan Burns on 8/28/2020. (jdt)
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Filing 441
ORDER Setting Briefing Schedule and Hearing on #440 MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property. Responses due by 9/11/2020, Replies due by 9/17/2020. Motion Hearing set for 9/18/2020 at 02:00 PM in Courtroom 3B before Magistrate Judge Allison H. Goddard. The Receiver is ORDERED to give immediate notice of this briefing schedule and hearing date to Charles Riharb and his counsel. Signed by Magistrate Judge Allison H. Goddard on 08/28/2020.(kxm)
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Filing 440
MOTION for Order Amending Order Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (jdt).
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Filing 446
Minute Entry for proceedings held before Chief Judge Larry Alan Burns: Motion Hearing held on 8/26/2020. Court held a hearing on the Receiver's motion for authorization to bring claims against Chicago Title. (Docket No. 323). Court to issue order. (Court Reporter/ECR Cynthia Ott). (Plaintiff Attorney Kathryn Wanner, Angela Machala). (Defendant Attorney Megan Donohue; Steven Strauss; William Caldarelli; Benjamin Galdston; Michael Kirby). (no document attached) (tlw)
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Filing 439
NOTICE of Receipt of Qualified Overbid by Krista Freitag re #406 MOTION for Order for Approval of Sale of 7565-7571 University Avenue Property (Fates, Edward) (jdt).
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Filing 438
MINUTE ORDER. On Wednesday, 8/26/2020, at 2:00 p.m., the Court will hear argument on two motions: (1) a motion to approve a proposed settlement between Chicago Title and various investors (Docket No. #357 ); and (2) a motion by the Receiver for authority to bring an action against Chicago Title (Docket No. #323 ). Interested members of the public who are unable to appear in person may listen to the proceedings by dialing 888-363-4734 and keying in access code 6952753. Signed by Chief Judge Larry Alan Burns on 8/25/2020. (jdt)
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Filing 437
MINUTE ORDER. The Court previously denied a motion (Docket no. #419 ) by interested non-parties to appear in person at oral argument on a motion for an order finding that their settlement with Chicago Title is in good faith. The Court now partially revises that order, and will permit one attorney to appear on their behalf in person or by telephone at counsels preference. If the attorney intends to appear telephonically, he or she should call chambers for dial-in information no later than noon on Wednesday, 8/26/2020. (jdt)
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Filing 436
RESPONSE re #425 Order on Motion for Order Receiver's Accounting of Costs of Sale of 3415 Mission Boulevard Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 435
ORDER Setting Protocol for Appearances at Hearings; and ORDER Clarifying Status of Parties. The Clerk is directed to terminate the motion for leave to appear in person (Docket no. #419 ). Signed by Chief Judge Larry Alan Burns on 8/21/2020. (jdt)
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Filing 434
ORDER Granting Receiver's Motion for Approval of Sale of 737 Windemere Court Property (ECF No. #367 ). Signed by Magistrate Judge Allison H. Goddard on 8/21/2020. (jdt)
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Filing 433
RESPONSE re #316 Order on Motion for Order Receiver's Accounting of Costs of Sale of The Saska's Restaurant Property and Associated Personal Property and Liquor License filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 432
MINUTE ORDER: The request by counsel for the S.E.C., the Receiver, and Defendant Gina Champion-Cain to appear telephonically at the hearing on calendar for Wednesday, 8/26/2020 at 2:00 p.m. is granted. (Docket No. #429 ). These counsel are directed to call chambers for instructions on how to dial in. Interested nonparties and their counsel have not been given leave to participate, but they may listen by dialing 888-363-4734 and providing access code 6952753. Signed by Chief Judge Larry Alan Burns on 8/20/2020. (jdt)
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Filing 431
ORDER Granting Joint Motion and Stipulated Request for Order Granting Defendant Champion-Cain Limited Relief From Preliminary Injunction (Dkt. #420 ). Signed by Chief Judge Larry Alan Burns on 8/20/2020. (jdt)
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Filing 430
STATUS REPORT Receiver's Fourth Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 429
Ex Parte MOTION for Leave to Appear Telephonic at Hearing by Gina Champion-Cain. (Attachments: #1 Declaration of Angela M. Machala)(Machala, Angela). QC email: s/ by nonregistered user. No refile (jdt).
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Filing 428
MINUTE ORDER. A hearing on Receiver Krista Freitag's motion for leave to bring a related action against Chicago Title (Docket No. #323 ) is currently on calendar for 8/19/2020. A hearing on Chicago Title's motion for an order finding that the settlement is in good faith (Docket No. #357 ) is scheduled for 8/24/2020 at 11:15 a.m. Both hearings are continued to Wednesday, 8/26/2020, at 2:00 p.m. Signed by Chief Judge Larry Alan Burns on 8/17/2020. (jdt)
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Filing 427
MINUTE ORDER. A hearing on Receiver Krista Freitag's motion for leave to bring a related action against Chicago Title (Docket No. #323 ) is currently on calendar for Monday, 8/17/2020. Because of a conflict in the Court's calendar, this hearing is continued to Wednesday, 8/19/2020 at 11:15 a.m. Consistent with the Court's order of 7/10/2020 (Docket no. #389 ), only parties and theReceiver will be heard. Signed by Chief Judge Larry Alan Burns on 8/14/2020. (jdt)
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Filing 426
ORDER Granting Motion for Approval of Sale of the Surf Rider La Mesa Property and Associated Personal Property and Liquor License (ECF No. #351 ). Signed by Magistrate Judge Allison H. Goddard on 8/14/2020. (jdt)
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Filing 425
ORDER Granting Receiver's Motion for Approval of Sale of 3415 Mission Boulevard Property Free and Clear of Federal Tax Lien (ECF No. #350 ). Signed by Magistrate Judge Allison H. Goddard on 8/12/2020. (jdt)
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Filing 424
REPLY - Other re #357 MOTION for Hearing for Finding that Settlement is in Good Faith filed by Chicago Title Company. (Strauss, Steven) (jdt).
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Filing 423
ORDER Setting Briefing Schedule and Hearing on Motion (ECF No. #421 ). Responses are due by 8/25/2020. Receiver's reply is due by 9/1/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the bid qualification deadline of 9/7/2020 set forth in the proposed publication of notice. A Motion Hearing is set for 9/18/2020 at 2:00 PM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 8/11/2020. (jdt)
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Filing 422
ORDER Granting Receiver's Motion for (A) Approval of Sale of Tennyson Street Property; and (B) Recovery of Prior Earnest Money Deposit from Escrow (ECF No. #346 ). Signed by Magistrate Judge Allison H. Goddard on 8/11/2020. (jdt)
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Filing 421
MOTION for Order for Approval of Sale of 4829 Bella Pacific Row Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 420
Joint MOTION and Stipulated Request for Order Granting Defendant Gina Champion-Cain Limited Relief from Preliminary Injunction re #6 Order on Motion for Preliminary Injunction by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 419
MOTION for Leave to Appear In Person at August 24, 2020 Hearing re: #357 Motion for Order Approving Good Faith Settlement by Lester Asch, Marlene Asch, Brant Benun, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Richard Burns, Brian Chou, Lianne Compton, Rick L. Conner, Brian Cooper, Viktor Cox, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Matthew Goldstone, Kay Hansen, Scott Hansen, Ardith Harris, Thomas D. Harrison, Jean Ann Hemingway, Dawn A. Holman, Peter R. Holman, Wendy Huge, Meenakshi Jain, Rakesh Jain, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, David Marks, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Rajbir Sandhu, Gwen E. Schvimmer, Matthew A. Schvimmer, Andrew Jay Sells, Miriam Frances Sells, Kenneth Serio, Jaianand Sethee, Satendra Sethee, Tejinder Sethee, Babak Shakib, David Sider, James St. John, Kenneth Stock, Michael Tacelosky, Brian Toupin, Rikki Toupin. (Caldarelli, William). Modified on 8/11/2020 to insert link to motion to be heard. (jdt).
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Filing 418
**Docketed Under Seal at doc. no. 538 per Order #537 ** SEALED LODGED Proposed Document re: #417 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (anh). Modified on 12/11/2020 (anh).
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Filing 417
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (anh).
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Filing 416
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #415 MOTION Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #414 MOTION Second Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses (Fates, Edward) (jdt).
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Filing 415
MOTION Second Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 414
MOTION Second Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fates, Edward) (jdt).
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Filing 413
NOTICE OF ASSOCIATION OF SPECIAL CONFLICTS COUNSEL by Krista Freitag (Dowdall, Tyler)Attorney Tyler Richard Dowdall added to party Krista Freitag(pty:rc) (jdt).
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Filing 412
ORDER Granting #405 Joint Motion to Modify Preliminary Injunction Order to Allow First Choice Bank to Proceed with Non-Judicial Foreclosure on Real Property. Signed by Chief Judge Larry Alan Burns on 8/3/2020. (jdt)
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Filing 411
RESPONSE re #372 Order on Motion for Order, Receiver's Accounting of Costs of Sale of Crown Point Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 410
NOTICE of Results of Auction for 809 San Rafael Place Property and Request to Approve Sale to Winning Bidder by Krista Freitag (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt).
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Filing 409
ORDER Setting Briefing Schedule re #408 MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant: Responses are due by 8/17/2020. Receiver's reply is due by 8/24/2020. The Receiver is ordered to file a notice of non-receipt of overbids for the Mission Beach Surf Rider restaurant business and personal property if there are no overbids received by the bid qualification deadline of 8/31/2020 set forth in the proposed publication of notice. Motion Hearing set for 9/18/2020 at 2:00 p.m. in Courtroom 3B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 8/4/2020. (jdt)
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Filing 408
MOTION for Order for Approval of Sale of Personal Property, Liquor License, and Assignment of Commercial Lease Associated with the Former Mission Beach Surf Rider Restaurant by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 407
ORDER: (1) Setting Briefing Schedule and Hearing on Motion; (2) Setting Filing Deadline for Additional Property Sale Motions to be Heard at the Same Time (ECF No. #406 ): Any response in opposition is due on or before 8/14/2020. Receiver's reply is due on or before 8/21/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline of 8/24/2020 set forth in the proposed publication of notice. The Court sets the hearing on the motion for 9/18/2020 at 2:00 p.m. in Courtroom 3B. Any property sale motions the Receiver files by 8/27/2020 will be heard at the same time. Signed by Magistrate Judge Allison H. Goddard on 7/31/2020. (jdt)
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Filing 406
MOTION for Order for Approval of Sale of 7565-7571 University Avenue Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 405
Joint MOTION to Modify Preliminary Injunction Order to Allow First Choice Bank to Proceed with Non-Judicial Foreclosure on Real Property by Krista Freitag. (Fates, Edward) (jdt).
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Filing 404
MINUTE ORDER BY JUDGE GODDARD: Motions Submitted: #346 MOTION for Order for (A) Approval of Sale of Tennyson Street Property; and (B) Recovery of Prior Earnest Money Deposit from Escrow; #350 MOTION for Order for Approval of Sale of 3415 Mission Boulevard Property Free and Clear of Federal Tax Lien; #351 MOTION for Order for Approval of Sale of The Surf Rider La Mesa Property and Associated Personal Property and Liquor License; and #367 MOTION for Order for Approval of Sale of 737 Windemere Court Property. In light of the lack of opposition to these motions and Notices of Non-Receipt of Overbids for the properties at issue, #394 , #398 , #399 , #400 , these motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. The Receiver's #384 Motion for Order for Approval of Sale of 809 San Rafael Place Property is not taken under submission at this time in light of the Receiver's #401 Notice of Receipt of Qualified Overbid for that property. However, the auction on the 809 San Rafael Property will not take place until July 27, 2020, and the Receiver will file notice of the auction results and a request that the sale to the winning bidder be approved thereafter. The August 3rd Motion Hearing is scheduled too early to address those forthcoming developments. The Motion Hearing set for 08/03/2020 is accordingly VACATED. If deemed necessary later, the Court will reset the hearing on the 809 San Rafael Place Property Motion, notice of auction results, and request to approve the sale to the winning bidder. Signed by Magistrate Judge Allison H. Goddard on 07/29/2020.(no document attached) (kxm)
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Filing 403
MOTION Joint Stipulation and Order for Limited Relief (with Exhibit A) by Krista Freitag. (Zaro, David) Modified (jdt).
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Filing 402
NON Opposition re #357 MOTION for Hearing for Finding that Settlement is in Good Faith filed by 2Budz Holding, LLC, Doug Heidrich, Kristine Heidrich, Heidi Orr, Jeff Orr, Wakefield Capital, LLC, Wakefield Investments, LLC. (Armstrong, James) (jdt).
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Filing 401
NOTICE of Receipt of Qualified Overbid by Krista Freitag re #384 MOTION for Order for Approval of Sale of 809 San Rafael Place Property (Fates, Edward) (jdt).
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Filing 400
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #351 MOTION for Order for Approval of Sale of The Surf Rider La Mesa Property and Associated Personal Property and Liquor License (Fates, Edward) (jdt).
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Filing 399
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #367 MOTION for Order for Approval of Sale of 737 Windemere Court Property (Fates, Edward) (jdt).
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Filing 398
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #350 MOTION for Order for Approval of Sale of 3415 Mission Boulevard Property Free and Clear of Federal Tax Lien (Fates, Edward) (jdt).
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Filing 397
NOTICE OF RELATED CASE(S) by Securities and Exchange Commission of case(s) 20CR2115-AJB . (Wanner, Kathryn). Modified on 7/23/2020: Related case reassigned. The new case number is 20cr2115-LAB (jdt).
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Filing 396
DECLARATION re #357 MOTION for Hearing for Finding that Settlement is in Good Faith by Interested Parties Lester Asch, Marlene Asch, Brant Benun, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Richard Burns, Brian Chou, Lianne Compton, Rick L. Conner, Brian Cooper, Viktor Cox, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Matthew Goldstone, Kay Hansen, Scott Hansen, Ardith Harris, Thomas D. Harrison, Jean Ann Hemingway, Dawn A. Holman, Peter R. Holman, Wendy Huge, Meenakshi Jain, Rakesh Jain, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, David Marks, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Rajbir Sandhu, Gwen E. Schvimmer, Matthew A. Schvimmer, Andrew Jay Sells, Miriam Frances Sells, Kenneth Serio, Jaianand Sethee, Satendra Sethee, Tejinder Sethee, Babak Shakib, David Sider, James St. John, Kenneth Stock, Michael Tacelosky, Brian Toupin, Rikki Toupin. (Caldarelli, William) (jdt).
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Filing 395
ORDER Granting Joint Motion Regarding Use of Funds From Chicago Title Company Escrow Account; and Findings Regarding Receivership (Docket numbers #157 , #185 ). Signed by Chief Judge Larry Alan Burns on 7/16/2020. (jdt)
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Filing 394
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #346 MOTION for Order for (A) Approval of Sale of Tennyson Street Property; and (B) Recovery of Prior Earnest Money Deposit from Escrow (Fates, Edward) (jdt).
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Filing 393
NOTICE of non-opposition by Bryan S Edelman, Mychal D Edelman, Robert P Edelman, Nancy Fournier, Royce Mathews, Riverside Adventure Trails, Robbie Vivat, Fiona Williams re #357 MOTION for Hearing for Finding that Settlement is in Good Faith (Aguirre, Gary) (jmo).
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Filing 392
ORDER Granting Joint Motion for Order Granting Seattle Funding Group Relief From Preliminary Injunction to Foreclose on Real Property (Docket No. #379 ) (901-915 West Washington, San Diego) Signed by Chief Judge Larry Alan Burns on 7/10/2020. (jdt)
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Filing 391
ORDER Granting #385 Joint Motion to Continue August 17, 2020 Hearing. The hearing on the Receiver's motion for authority to pursue claims against Chicago Title is continued to 8/24/2020 at 11:15 AM. Signed by Chief Judge Larry Alan Burns on 7/10/2020. (jdt)
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Filing 389
ORDER Denying Motions to Intervene; ORDER Withdrawing Leave for Non-Parties to File Briefing; and ORDER Granting Leave to File Document Under Seal (Docket Numbers #21 , #62 , #66 , #69 and #114 .) Signed by Chief Judge Larry Alan Burns on 7/10/2020. (jdt)
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Filing 388
NOTICE of Non-Opposition to CT's Good Faith Settlement Motion re Synapse by Alba N. Valle, Trustees of the Gust S Vreneos Living Trust, Anthony Fisher, Trustee of the Fisher Family Trust, November 19, 2018, Mark Atherton, Ilan Awerbuch, Melinda Bauers, Joseph Bauers, Jr., Nurit Bitensky, Shlomo Bitensky, Bob S. Evatt Jr., Trustee of the Evatt Family Trust Dated 9/19/2017, Brian Haubenstock, Trustee of the Haubenstock Family Trust dated May 27, 2007 and the Haubenstock Family Trust dated March 22, 2010, Cari Alter, Trustee of The Alter Family Trust, Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust, Stanley Paul Cook, Bradley V. Cox, Nancy S. Cox, Robert S. Crum, Cstone Real Estate, Daniel L. OHalloran, Trustee of the Daniel L. OHalloran Living Trust, David Sandsmark, Trustee of the Sandsmark Family 2009 Trust, Debora Keller, Trustee of the Keller Family Trust, Catherine D. Duerr, Albert Duerr, Duerr Properties, LLC, Andrew Edwards, Traci Edwards, Bruce Ennis, Michael Failla, Andrea Feliciano, Jonathan Feliciano, J. Larry Gabele, Darren Hall, Mindy Hall, Sheila Hall, Gary Hamer, David Hingeley, Eric E. Hingeley, Douglas A. Hodge, Ilan Awerbuch, Trustee of The Erich and Lilly Awerbuch Revocable Living Trust 2/23/2005, Jan M. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Jan Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, John Ross, Trustee of the John and Julie Ross Family Trust, Chris Johnson, Erik Jorissen, Sara Jorissen, Julie S. Ross, Trustee of the John and Julie Ross Family Trust, Debora Keller, Randy Allan Krauss, Barbara M. Lanza, Eric Lurie, Dennis Martinez, Marionne C. Matusalem, Maurice C. Schwarz, Trustee of the Maurice C. Schwarz Revocable Trust created May 2012, Michael Haubenstock, Trustee of the Haubenstock Family Trust dated April 12, 2013, Muriel Doris Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, Myguelt, LLC, Nautilus Global Secured Fund, LLC, Lisa Neal, Susan Neshat, Daniel L. OHalloran, Stephen I Ostrow, Charlie Patterson, Harriet Lynn Pollock, Matt Rado, Renzo Valle, Trustee of the Gust S Vreneos Living Trust, Richard Santoro, Trustee of The WatSan Trust 2013, Charles M. Riharb, Roswitha Fisher, Trustee of the Fisher Family Trust, November 19, 2018, David Sandsmark, Michelle Schoenfeld, Shirley Carey Evatt, Trustee of the Evatt Family Trust Dated 9/19/2017, Simeve Investments, LLC, Bruce Smith(an individual), Nicholas J. Smith, Sonya A. Sandsmark, Trustee of the Gundersen Family Trust, Stanley Paul Cook, Trustee of The Stanley Paul Cook Trust, Steven L. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Ralph Stevens, Samantha Stevens, Susan Neshat, Trustee of the Susan Neshat Living Trust, Shari Sweetnam, Jan Teitelbaum, Muriel Doris Teitelbaum, Dana E. Tisch, Alba N. Valle, Dominique Valle, Renzo Valle, Erhard Vogel, Mark Wasserman, Gayle Patricia Watson, Ryan Wilk, Ellen Wolfe (Cramer, Mark) (jdt).
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Filing 387
ORDER Setting Briefing Schedule and Hearing on Motion (ECF No. #384 ): Responses due by 7/23/2020. Replies due by 7/30/2020. Motion Hearing set for 8/3/2020 at 2:00 PM in Courtroom 3A before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 7/9/2020. (jdt)
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Filing 386
NON Opposition re #357 MOTION for Hearing for Finding that Settlement is in Good Faith filed by SFG Income Fund VI, LLC, Seattle Funding Group of California, LLC. (Attachments: #1 Proof of Service)(Kirby, Dean) (jdt).
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Filing 385
Joint MOTION to Continue August 17, 2020 Hearing on Receiver's Motion for Authority to Pursue Claims Against Chicago Title Company and Chicago Title Insurance by Chicago Title Company. (Strauss, Steven) (jdt).
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Filing 384
MOTION for Order for Approval of Sale of 809 San Rafael Place Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 383
RESPONSE re #317 Order on Motion for Order Receiver's Accounting of Costs of Sale of Parking Lot Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 382
RESPONSE to Motion re #357 MOTION for Hearing for Finding that Settlement is in Good Faith Notice of Non-Opposition to Chicago Title Company's Motion for Order Finding That Settlement is in Good Faith Pursuant to California Code of Civil Procedure Section 877.6 filed by Non-Party Creditor Banc of California, Non-Party Creditor Ovation Finance Holdings 2 LLC. (Shipley, Michael) (jdt).
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Filing 381
NOTICE of Non-Opposition to Chicago Title Company's Motion for Order Finding that Settlement is in Good Faith Pursuant to California Code of Civil Procedure Section 877.6 [DKT.No.357] by CALPRIVATE BANK re #357 MOTION for Hearing for Finding that Settlement is in Good Faith (Stephens, John) (jdt).
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Filing 380
NOTICE of Non-Opposition to Chicago Title Company's Motion by Blake E. Allred, Melissa M Allred re #357 MOTION for Hearing for Finding that Settlement is in Good Faith (Galdston, Benjamin) (jdt).
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Filing 379
Joint MOTION for Order Granting Seattle Funding Group Relief from Preliminary Injunction to Foreclose on Real Property [901-915 West Washington St., San Diego] by SFG Income Fund VI, LLC, Seattle Funding Group of California, LLC. (Attachments: #1 Proof of Service)(Kirby, Dean) (jdt).
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Filing 378
NOTICE of Joinder by Bryan S Edelman, Mychal D Edelman, Robert P Edelman, Nancy Fournier, Royce Mathews, Riverside Adventure Trails, Robbie Vivat, Fiona Williams re #376 Response - Other, (Attachments: #1 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 377
RESPONSE in Support re #323 MOTION for Authority to Pursue Claims Against Chicago Title filed by Krista Freitag. (Attachments: #1 Declaration of Edward Fates, #2 Declaration Supplemental Declaration of Krista L. Freitag)(Fates, Edward). QC email re event selection. No refile (jdt).
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Filing 376
OBJECTION re #365 Response in Opposition to Motion, Non-Parties Ovation Finance Holdings 2 LLC and Banc of California N.A.'s Objection to Affirmative Relief Sought in Chicago Title's Opposition to Receiver's Motion for Authority to Pursue Claims Against Chicago Title filed by Non-Party Creditor Banc of California, Non-Party Creditor Ovation Finance Holdings 2 LLC. (Shipley, Michael). QC email re event selection. Modified on 7/7/2020 to correct event title. (jdt).
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Filing 375
NOTICE of Class Plaintiffs' Withdrawal of Response in Partial Opposition to Receiver's Motion for Authority to Pursue Claims Against Chicago Title and Statement in Support of Receiver's Motion by Blake E. Allred, Melissa M Allred re #323 MOTION for Authority to Pursue Claims Against Chicago Title (Galdston, Benjamin) (jdt).
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Filing 374
ORDER Granting #371 Motion for Leave to File Excess Pages. Signed by Chief Judge Larry Alan Burns on 7/6/2020. (jdt)
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Filing 373
MINUTE ORDER. A hearing on Receiver Krista Freitag's motion for leave to bring a related action against Chicago Title (Doc. No. #323 ) is currently on calendar for Monday, 7/13/2020. Because of a conflict in the Court's calendar, this hearing is continued to Monday, 8/17/2020 at 11:15 a.m. Signed by Chief Judge Larry Alan Burns on 7/6/2020. (jdt)
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Filing 372
ORDER (1) Granting #334 Request to Approve Sale of Crown Point Property to Winning Bidder; and (2) Granting in Part and Denying in Part #318 Motion for Approval of Sale of Crown Point Property. Signed by Magistrate Judge Allison H. Goddard on 07/02/2020. (kxm)
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Filing 371
Ex Parte MOTION for Leave to File Excess Pages to Receiver's Reply Brief In Support of Motion for Authority to Pursue Claims Against Chicago Title by Krista Freitag. (Attachments: #1 Declaration of Edward T. Fates)(Fates, Edward) (jdt).
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Filing 370
ORDER Granting #368 Joint Motion for Existing Protective Order (ECF No. #355 ) to Govern Certain Records. Signed by Magistrate Judge Allison H. Goddard on 7/1/2020. (jdt)
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Filing 369
ORDER Setting Briefing Schedule and Hearing on Motion (ECF No. #367 ). Any response in opposition to the Windemere Court Property Motion is due on or before 7/14/2020. Receiver's reply is due on or before 7/21/2020. The Receiver is ordered to file a notice of non-receipt of overbids for the Windemere Court Property if there are no overbids received by the bid qualification deadline of 7/21/2020 set forth in the proposed publication of notice. The Court will hear the Windemere Court Property Motion during the hearing previously set for 8/3/2020 at 2:00 p.m. in Courtroom 3A. Signed by Magistrate Judge Allison H. Goddard on 6/30/2020. (jdt)
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Filing 368
Joint MOTION for Protective Order (Dkt. No. #355 ) to Govern Production of Records by Krista Freitag. (Fates, Edward) (jdt).
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Filing 367
MOTION for Order for Approval of Sale of 737 Windemere Court Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 366
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title filed by 2Budz Holding, LLC, Doug Heidrich, Kristine Heidrich, Heidi Orr, Jeff Orr, Wakefield Capital, LLC, Wakefield Investments, LLC. (Attachments: #1 Declaration of James Armstrong, #2 Exhibit A - Verified Wakefield Complaint, #3 Exhibit B - Fates Email re Resolution)(Armstrong, James) (jdt).
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Filing 365
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title filed by Chicago Title Company. (Attachments: #1 Declaration Megan L. Donohue, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Strauss, Steven) (jdt).
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Filing 364
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title Notice of Joinder in #358 Non-Party Ovation Finance Holding 2 LLC and Banc of California N.A.'s Partial Opposition to Receiver's Motion for Authority to Pursue Claims Against Chicago Title filed by ABC Funding Strategies, LLC, Joseph J. Cohen, Kamaljit K. Kapur, Kim Funding, LLC, Kim H. Peterson, Payson R. Stevens, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014. (Ryan, John). Modified on 6/30/2020 to add link to joinder filing (jdt).
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Filing 363
***WITHDRAWN per ECF #375 *** RESPONSE to Motion re #323 MOTION for Authority to Pursue Claims Against Chicago Title filed by Blake E. Allred, Melissa M Allred. (Galdston, Benjamin) (jdt). Modified on 7/7/2020 to withdraw (jdt).
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Filing 362
NOTICE of Joinder by Alba N. Valle, Trustees of the Gust S Vreneos Living Trust, Anthony Fisher, Trustee of the Fisher Family Trust, November 19, 2018, Mark Atherton, Ilan Awerbuch, Melinda Bauers, Joseph Bauers, Jr., Nurit Bitensky, Shlomo Bitensky, Bob S. Evatt Jr., Trustee of the Evatt Family Trust Dated 9/19/2017, Brian Haubenstock, Trustee of the Haubenstock Family Trust dated May 27, 2007 and the Haubenstock Family Trust dated March 22, 2010, Cari Alter, Trustee of The Alter Family Trust, Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust, Stanley Paul Cook, Bradley V. Cox, Nancy S. Cox, Robert S. Crum, Cstone Real Estate, Daniel L. OHalloran, Trustee of the Daniel L. OHalloran Living Trust, David Sandsmark, Trustee of the Sandsmark Family 2009 Trust, Debora Keller, Trustee of the Keller Family Trust, Catherine D. Duerr, Albert Duerr, Duerr Properties, LLC, Andrew Edwards, Traci Edwards, Bruce Ennis, Michael Failla, Andrea Feliciano, Jonathan Feliciano, J. Larry Gabele, Darren Hall, Mindy Hall, Sheila Hall, Gary Hamer, David Hingeley, Eric E. Hingeley, Douglas A. Hodge, Ilan Awerbuch, Trustee of The Erich and Lilly Awerbuch Revocable Living Trust 2/23/2005, Jan M. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Jan Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, John Ross, Trustee of the John and Julie Ross Family Trust, Chris Johnson, Erik Jorissen, Sara Jorissen, Julie S. Ross, Trustee of the John and Julie Ross Family Trust, Debora Keller, Randy Allan Krauss, Barbara M. Lanza, Eric Lurie, Dennis Martinez, Marionne C. Matusalem, Maurice C. Schwarz, Trustee of the Maurice C. Schwarz Revocable Trust created May 2012, Michael Haubenstock, Trustee of the Haubenstock Family Trust dated April 12, 2013, Muriel Doris Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, Myguelt, LLC, Nautilus Global Secured Fund, LLC, Lisa Neal, Susan Neshat, Daniel L. OHalloran, Stephen I Ostrow, Charlie Patterson, Harriet Lynn Pollock, Matt Rado, Renzo Valle, Trustee of the Gust S Vreneos Living Trust, Richard Santoro, Trustee of The WatSan Trust 2013, Charles M. Riharb, Roswitha Fisher, Trustee of the Fisher Family Trust, November 19, 2018, David Sandsmark, Michelle Schoenfeld, Shirley Carey Evatt, Trustee of the Evatt Family Trust Dated 9/19/2017, Simeve Investments, LLC, Bruce Smith(an individual), Nicholas J. Smith, Sonya A. Sandsmark, Trustee of the Gundersen Family Trust, Stanley Paul Cook, Trustee of The Stanley Paul Cook Trust, Steven L. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Ralph Stevens, Samantha Stevens, Susan Neshat, Trustee of the Susan Neshat Living Trust, Shari Sweetnam, Jan Teitelbaum, Muriel Doris Teitelbaum, Dana E. Tisch, Alba N. Valle, Dominique Valle, Renzo Valle, Erhard Vogel, Mark Wasserman, Gayle Patricia Watson, Ryan Wilk, Ellen Wolfe re #358 Response in Opposition to Motion, (Cramer, Mark) (jdt).
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Filing 361
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title filed by Bryan S Edelman, Mychal D Edelman, Robert P Edelman, Nancy Fournier, Royce Mathews, Riverside Adventure Trails, Robbie Vivat, Fiona Williams. (Attachments: #1 Declaration, #2 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 360
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title filed by CALPRIVATE BANK. (Attachments: #1 Proof of Service Proof of Service)(Stephens, John) (jdt).
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Filing 359
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title by Receiver filed by Marc Shular. (Attachments: #1 Declaration of Mike Kirby ISO Joinder of Shular to Opposition to Receiver Motion to Pursue Claims Against CT, #2 Proof of Service of Joinder and Declaration of Kirby)(Kirby, Michael) (jdt).
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Filing 358
RESPONSE in Opposition re #323 MOTION for Authority to Pursue Claims Against Chicago Title Non-Party Ovation Finance Holdings 2 LLC and Banc of California N.A.'s Partial Opposition to Receiver's Motion for Authority to Pursue Claims Against Chicago Title filed by Non-Party Creditor Banc of California, Non-Party Creditor Ovation Finance Holdings 2 LLC. (Shipley, Michael) (jdt).
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Filing 357
MOTION for Hearing for Finding that Settlement is in Good Faith by Chicago Title Company. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Steven Strauss, #3 Exhibit 1)(Strauss, Steven) (jdt).
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Filing 356
Joint MOTION Receivership Claims re #323 MOTION for Authority to Pursue Claims Against Chicago Title by Chicago Title Company. (Attachments: #1 Declaration Steven Strauss, #2 Exhibit 1)(Strauss, Steven) (jdt).
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Filing 355
ORDER: (1) Approving the Receiver's Repository and Proposed Allocation of Production-Related Costs; and (2) Granting Joint Motion for Entry of Protective Order Regarding the Repository (ECF No. #326 ). Signed by Magistrate Judge Allison H. Goddard on 6/26/2020. (jdt)
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Filing 354
Certificate of Service by Krista Freitag re #350 MOTION for Order for Approval of Sale of 3415 Mission Boulevard Property Free and Clear of Federal Tax Lien Proof of Service. (Fates, Edward). QC email: Wrong event selected. Edited docket text. No refile (jdt).
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Filing 353
ORDER Setting Briefing Schedule and Hearing on Motions (ECF Nos. #350 , #351 ). Any response in opposition to either the 3415 Mission Boulevard Motion (ECF No. #350 ) or the Surf Rider La Mesa Property Motion (ECF No. #351 ) is due on or before 7/9/2020. Receiver's reply to any opposition is due on or before 7/16/2020. The Receiver is ordered to file a notice of non-receipt of overbids for the Surf Rider La Mesa Property if there are no overbids received by the bid qualification deadline of 7/13/2020 set forth in the proposed publication of notice. The Receiver is ordered to file a notice of non-receipt of overbids for the 3415 Mission Boulevard Property if there are no overbids received by the bid qualification deadline of 7/21/2020 set forth in the proposed publication of notice. Motion hearing set for 8/3/2020 at 2:00 PM in Courtroom 3A before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 6/24/2020. (jdt)
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Filing 352
ORDER: (1) Setting Briefing Schedule and Hearing on Motion; (2) Setting Filing Deadline for Additional Property Motions to be Heard at the Same Time (ECF No. #346 ). Any response in opposition to the Receiver's Motion is due on or before 7/7/2020. Receiver's reply is due on or before 7/14/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline of 7/14/2020 set forth in the proposed publication of notice. The Court sets the hearing on the motion for 8/3/2020 at 2:00 p.m. in Courtroom 3A before Magistrate Judge Allison H. Goddard. Any property sale motions the Receiver files by 7/10/2020 will be heard at the same time. Signed by Magistrate Judge Allison H. Goddard on 6/24/2020. (jdt)
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Filing 351
MOTION for Order for Approval of Sale of The Surf Rider La Mesa Property and Associated Personal Property and Liquor License by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 350
MOTION for Order for Approval of Sale of 3415 Mission Boulevard Property Free and Clear of Federal Tax Lien by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Exhibit B)(Fates, Edward) (jdt).
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Filing 349
RESPONSE re #319 Order on Motion for Order Receiver's Accounting of Costs of Sale of Real Property Located at 724 Zanzibar Court filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 348
RESPONSE re 315 Order, Motions Submitted, Receiver's Accounting of Costs of Sale of Personal Property and Assignment of Commercial Lease Associated with Bao Beach Restaurant filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 347
RESPONSE re 315 Order, Motions Submitted, Receiver's Accounting of Costs of Sale of The Swell Coffee Restaurant Property and Associated Personal Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 346
MOTION for Order for (A) Approval of Sale of Tennyson Street Property; and (B) Recovery of Prior Earnest Money Deposit from Escrow by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 345
NOTICE of Intent to Respond to Receiver's Motion for Authority to Pursue Claims Against Chicago Title by ABC Funding Strategies, LLC, Joseph J. Cohen, Kamaljit K. Kapur, Kim Funding, LLC, Kim H. Peterson, Payson R. Stevens, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 re #325 Order (Ryan, John) (jdt).
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Filing 344
NOTICE of Appearance by David F. Kowalski on behalf of ABC Funding Strategies, LLC, Joseph J. Cohen, Kamaljit K. Kapur, Kim Funding, LLC, Kim H. Peterson, Payson R. Stevens, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Kowalski, David)Attorney David F. Kowalski added to party ABC Funding Strategies, LLC(pty:ip), Attorney David F. Kowalski added to party Joseph J. Cohen(pty:ip), Attorney David F. Kowalski added to party Kamaljit K. Kapur(pty:ip), Attorney David F. Kowalski added to party Kim Funding, LLC(pty:ip), Attorney David F. Kowalski added to party Kim H. Peterson(pty:ip), Attorney David F. Kowalski added to party Payson R. Stevens(pty:ip), Attorney David F. Kowalski added to party The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014(pty:ip) (jdt).
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Filing 343
NOTICE of Appearance by John Thomas Ryan on behalf of Kim Funding, LLC, Kim H. Peterson, Joseph J. Cohen, ABC Funding Strategies, LLC, Payson R. Stevens, Kamaljit K. Kapur, The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014 (Ryan, John)Attorney John Thomas Ryan added to party Kim Funding, LLC(pty:ip), Attorney John Thomas Ryan added to party Kim H. Peterson(pty:ip), Attorney John Thomas Ryan added to party Joseph J. Cohen(pty:ip), Attorney John Thomas Ryan added to party ABC Funding Strategies, LLC(pty:ip), Attorney John Thomas Ryan added to party Payson R. Stevens(pty:ip), Attorney John Thomas Ryan added to party Kamaljit K. Kapur(pty:ip), Attorney John Thomas Ryan added to party The Payson R. Stevens & Kamaljit Kaur Kapur Trust dated March 28, 2014(pty:ip) (jdt).
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Filing 342
NOTICE OF INTENT TO RESPOND TO RECEIVER'S MOTION FOR AUTHORITY TO PURSUE CLAIMS AGAINST CHICAGO TITLE by CALPRIVATE BANK (Stephens, John). QC email: All caps (jdt).
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Filing 341
NOTICE of Intent to Oppose Receivers Motion for Authority to Pursue Claims Against Chicago Title [Dkt. 325] by Bryan S Edelman, Mychal D Edelman, Robert P Edelman, Nancy Fournier, Royce Mathews, Riverside Adventure Trails, Robbie Vivat, Fiona Williams re #323 MOTION for Authority to Pursue Claims Against Chicago Title , #325 Order (Attachments: #1 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 340
NOTICE of Intent to Respond to Receiver's Motion for Authority to Pursue Claims Against Chicago Title by Blake E. Allred, Melissa M Allred re #325 Order (Galdston, Benjamin)Attorney Benjamin Galdston added to party Melissa M Allred(pty:ip) (jdt).
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Filing 339
NOTICE Non-Party Creditors Ovation Finance Holdings 2 LLC and Banc of California N.A.S Notice of Intent to Partially Oppose Receiver Motion For Authority to Pursue Claims Against Chicago Title by Non-Party Creditor Ovation Finance Holdings 2 LLC re #325 Order (Shipley, Michael) (jdt).
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Filing 338
Joint MOTION to Substitute Attorney by Marc Shular. (Attachments: #1 Declaration In Support of Joint Motion for an Order Granting Substitution of Counsel, #2 Exhibit 1 to Kirby Declaration with Index of Exhibits, #3 Exhibit 2 to Kirby Declaration, #4 Exhibit 3 to Kirby Declaration, #5 Proof of Service of Joint Motion and Declaration)(Kirby, Michael) (jdt).
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Filing 337
ORDER Granting Lender Relief From Litigation Stay to Pursue Foreclosure (Doc. No. #306 .) Signed by Chief Judge Larry Alan Burns on 6/15/2020. (jdt)
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Filing 336
NOTICE of Intent to Oppose Receiver Motion for Authority to Pursue Claims Against Chicago Title by Marc Shular re #325 Order,, (Attachments: #1 Proof of Service)(Kirby, Michael) (jdt).
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Filing 335
ORDER BY JUDGE GODDARD Motion Submitted #318 MOTION for Order for Approval of Sale of Crown Point Property. In light of the lack of opposition to the motion and #334 Notice of Results of Auction for Crown Point Property and Request to Approval Sale to Winning Bidder, the Court finds this motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motion will be deemed submitted as of this date. The Motion Hearing set for 6/24/2020 is VACATED. Signed by Magistrate Judge Allison H. Goddard on 06/15/2020.(no document attached) (kxm)
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Filing 334
NOTICE of Results of Auction for Crown Point Property and Request to Approval Sale to Winning Bidder by Krista Freitag re #318 MOTION for Order for Approval of Sale of Crown Point Property (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt).
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Filing 333
NOTICE (Others) - Non-Party Creditors Mark Atherton, et al.s Notice of Intent to Object to Receivers Motion for Authority to Pursue Claims Against Chicago Title [Dkt. 323] Pursuant to Courts June 9, 2020 Minute Order by Alba N. Valle, Trustees of the Gust S Vreneos Living Trust, Anthony Fisher, Trustee of the Fisher Family Trust, November 19, 2018, Mark Atherton, Ilan Awerbuch, Melinda Bauers, Joseph Bauers, Jr., Nurit Bitensky, Shlomo Bitensky, Bob S. Evatt Jr., Trustee of the Evatt Family Trust Dated 9/19/2017, Brian Haubenstock, Trustee of the Haubenstock Family Trust dated May 27, 2007 and the Haubenstock Family Trust dated March 22, 2010, Cari Alter, Trustee of The Alter Family Trust, Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust, Stanley Paul Cook, Bradley V. Cox, Nancy S. Cox, Robert S. Crum, Cstone Real Estate, Daniel L. OHalloran, Trustee of the Daniel L. OHalloran Living Trust, David Sandsmark, Trustee of the Sandsmark Family 2009 Trust, Debora Keller, Trustee of the Keller Family Trust, Catherine D. Duerr, Albert Duerr, Duerr Properties, LLC, Andrew Edwards, Traci Edwards, Bruce Ennis, Michael Failla, Andrea Feliciano, Jonathan Feliciano, J. Larry Gabele, Darren Hall, Mindy Hall, Sheila Hall, Gary Hamer, David Hingeley, Eric E. Hingeley, Douglas A. Hodge, Ilan Awerbuch, Trustee of The Erich and Lilly Awerbuch Revocable Living Trust 2/23/2005, Jan M. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Jan Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, John Ross, Trustee of the John and Julie Ross Family Trust, Chris Johnson, Erik Jorissen, Sara Jorissen, Julie S. Ross, Trustee of the John and Julie Ross Family Trust, Debora Keller, Randy Allan Krauss, Barbara M. Lanza, Eric Lurie, Dennis Martinez, Marionne C. Matusalem, Maurice C. Schwarz, Trustee of the Maurice C. Schwarz Revocable Trust created May 2012, Michael Haubenstock, Trustee of the Haubenstock Family Trust dated April 12, 2013, Muriel Doris Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, Myguelt, LLC, Nautilus Global Secured Fund, LLC, Lisa Neal, Susan Neshat, Daniel L. OHalloran, Stephen I Ostrow, Charlie Patterson, Harriet Lynn Pollock, Matt Rado, Renzo Valle, Trustee of the Gust S Vreneos Living Trust, Richard Santoro, Trustee of The WatSan Trust 2013, Charles M. Riharb, Roswitha Fisher, Trustee of the Fisher Family Trust, November 19, 2018, David Sandsmark, Michelle Schoenfeld, Shirley Carey Evatt, Trustee of the Evatt Family Trust Dated 9/19/2017, Simeve Investments, LLC, Bruce Smith(an individual), Nicholas J. Smith, Sonya A. Sandsmark, Trustee of the Gundersen Family Trust, Stanley Paul Cook, Trustee of The Stanley Paul Cook Trust, Steven L. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Ralph Stevens, Samantha Stevens, Susan Neshat, Trustee of the Susan Neshat Living Trust, Shari Sweetnam, Jan Teitelbaum, Muriel Doris Teitelbaum, Dana E. Tisch, Alba N. Valle, Dominique Valle, Renzo Valle, Erhard Vogel, Mark Wasserman, Gayle Patricia Watson, Ryan Wilk, Ellen Wolfe re #323 MOTION for Authority to Pursue Claims Against Chicago Title , #325 Order (Cramer, Mark) (jdt).
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Filing 332
NOTICE of Appearance of Counsel by Mark T Cramer on behalf of Mark Atherton, Joseph Bauers, Jr., Melinda Bauers, Bradley V. Cox, Nancy S. Cox, Robert S. Crum, Cstone Real Estate, Albert Duerr, Catherine D. Duerr, Duerr Properties, LLC, Andrew Edwards, Traci Edwards, Bruce Ennis, Michael Failla, Jonathan Feliciano, Andrea Feliciano, J. Larry Gabele, Darren Hall, Mindy Hall, Sheila Hall, Gary Hamer, David Hingeley, Eric E. Hingeley, Douglas A. Hodge, Chris Johnson, Erik Jorissen, Sara Jorissen, Barbara M. Lanza, Eric Lurie, Dennis Martinez, Marionne C. Matusalem, Lisa Neal, Charlie Patterson, Harriet Lynn Pollock, Matt Rado, Michelle Schoenfeld, Simeve Investments, LLC, Bruce Smith, Nicholas J. Smith, Ralph Stevens, Samantha Stevens, Shari Sweetnam, Dana E. Tisch, Dominique Valle, Erhard Vogel, Mark Wasserman, Shlomo Bitensky, Nurit Bitensky, Randy Allan Krauss, Myguelt, LLC, Nautilus Global Secured Fund, LLC, Stephen I Ostrow, Gayle Patricia Watson, Ellen Wolfe, Stanley Paul Cook, Bob S. Evatt Jr., Trustee of the Evatt Family Trust Dated 9/19/2017, Shirley Carey Evatt, Trustee of the Evatt Family Trust Dated 9/19/2017, Debora Keller, Debora Keller, Trustee of the Keller Family Trust, Susan Neshat, Susan Neshat, Trustee of the Susan Neshat Living Trust, Daniel L. OHalloran, Daniel L. OHalloran, Trustee of the Daniel L. OHalloran Living Trust, Charles M. Riharb, Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust, John Ross, Trustee of the John and Julie Ross Family Trust, Julie S. Ross, Trustee of the John and Julie Ross Family Trust, David Sandsmark, David Sandsmark, Trustee of the Sandsmark Family 2009 Trust, Sonya A. Sandsmark, Trustee of the Gundersen Family Trust, Jan M. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Steven L. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust, Muriel Doris Teitelbaum, Muriel Doris Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, Jan Teitelbaum, Jan Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018, Stanley Paul Cook, Trustee of The Stanley Paul Cook Trust, Alba N. Valle, Alba N. Valle, Trustees of the Gust S Vreneos Living Trust, Renzo Valle, Renzo Valle, Trustee of the Gust S Vreneos Living Trust, Cari Alter, Trustee of The Alter Family Trust, Ilan Awerbuch, Ilan Awerbuch, Trustee of The Erich and Lilly Awerbuch Revocable Living Trust 2/23/2005, Anthony Fisher, Trustee of the Fisher Family Trust, November 19, 2018, Roswitha Fisher, Trustee of the Fisher Family Trust, November 19, 2018, Brian Haubenstock, Trustee of the Haubenstock Family Trust dated May 27, 2007 and the Haubenstock Family Trust dated March 22, 2010, Michael Haubenstock, Trustee of the Haubenstock Family Trust dated April 12, 2013, Richard Santoro, Trustee of The WatSan Trust 2013, Maurice C. Schwarz, Trustee of the Maurice C. Schwarz Revocable Trust created May 2012, Ryan Wilk (Cramer, Mark)Attorney Mark T Cramer added to party Mark Atherton(pty:ip), Attorney Mark T Cramer added to party Joseph Bauers, Jr.(pty:ip), Attorney Mark T Cramer added to party Melinda Bauers(pty:ip), Attorney Mark T Cramer added to party Bradley V. Cox(pty:ip), Attorney Mark T Cramer added to party Nancy S. Cox(pty:ip), Attorney Mark T Cramer added to party Robert S. Crum(pty:ip), Attorney Mark T Cramer added to party Cstone Real Estate(pty:ip), Attorney Mark T Cramer added to party Albert Duerr (pty:ip), Attorney Mark T Cramer added to party Catherine D. Duerr(pty:ip), Attorney Mark T Cramer added to party Duerr Properties, LLC(pty:ip), Attorney Mark T Cramer added to party Andrew Edwards(pty:ip), Attorney Mark T Cramer added to party Traci Edwards(pty:ip), Attorney Mark T Cramer added to party Bruce Ennis(pty:ip), Attorney Mark T Cramer added to party Michael Failla(pty:ip), Attorney Mark T Cramer added to party Jonathan Feliciano(pty:ip), Attorney Mark T Cramer added to party Andrea Feliciano(pty:ip), Attorney Mark T Cramer added to party J. Larry Gabele(pty:ip), Attorney Mark T Cramer added to party Darren Hall(pty:ip), Attorney Mark T Cramer added to party Mindy Hall(pty:ip), Attorney Mark T Cramer added to party Sheila Hall(pty:ip), Attorney Mark T Cramer added to party Gary Hamer(pty:ip), Attorney Mark T Cramer added to party David Hingeley(pty:ip), Attorney Mark T Cramer added to party Eric E. Hingeley(pty:ip), Attorney Mark T Cramer added to party Douglas A. Hodge(pty:ip), Attorney Mark T Cramer added to party Chris Johnson(pty:ip), Attorney Mark T Cramer added to party Erik Jorissen(pty:ip), Attorney Mark T Cramer added to party Sara Jorissen(pty:ip), Attorney Mark T Cramer added to party Barbara M. Lanza(pty:ip), Attorney Mark T Cramer added to party Eric Lurie(pty:ip), Attorney Mark T Cramer added to party Dennis Martinez(pty:ip), Attorney Mark T Cramer added to party Marionne C. Matusalem(pty:ip), Attorney Mark T Cramer added to party Lisa Neal(pty:ip), Attorney Mark T Cramer added to party Charlie Patterson(pty:ip), Attorney Mark T Cramer added to party Harriet Lynn Pollock(pty:ip), Attorney Mark T Cramer added to party Matt Rado(pty:ip), Attorney Mark T Cramer added to party Michelle Schoenfeld(pty:ip), Attorney Mark T Cramer added to party Simeve Investments, LLC(pty:ip), Attorney Mark T Cramer added to party Bruce Smith(pty:ip), Attorney Mark T Cramer added to party Nicholas J. Smith(pty:ip), Attorney Mark T Cramer added to party Ralph Stevens(pty:ip), Attorney Mark T Cramer added to party Samantha Stevens(pty:ip), Attorney Mark T Cramer added to party Shari Sweetnam(pty:ip), Attorney Mark T Cramer added to party Dana E. Tisch (pty:ip), Attorney Mark T Cramer added to party Dominique Valle(pty:ip), Attorney Mark T Cramer added to party Erhard Vogel(pty:ip), Attorney Mark T Cramer added to party Mark Wasserman(pty:ip), Attorney Mark T Cramer added to party Shlomo Bitensky(pty:ip), Attorney Mark T Cramer added to party Nurit Bitensky(pty:ip), Attorney Mark T Cramer added to party Randy Allan Krauss(pty:ip), Attorney Mark T Cramer added to party Myguelt, LLC(pty:ip), Attorney Mark T Cramer added to party Nautilus Global Secured Fund, LLC(pty:ip), Attorney Mark T Cramer added to party Stephen I Ostrow(pty:ip), Attorney Mark T Cramer added to party Gayle Patricia Watson(pty:ip), Attorney Mark T Cramer added to party Ellen Wolfe(pty:ip), Attorney Mark T Cramer added to party Stanley Paul Cook(pty:ip), Attorney Mark T Cramer added to party Bob S. Evatt Jr., Trustee of the Evatt Family Trust Dated 9/19/2017 (pty:ip), Attorney Mark T Cramer added to party Shirley Carey Evatt, Trustee of the Evatt Family Trust Dated 9/19/2017(pty:ip), Attorney Mark T Cramer added to party Debora Keller(pty:ip), Attorney Mark T Cramer added to party Debora Keller, Trustee of the Keller Family Trust(pty:ip), Attorney Mark T Cramer added to party Susan Neshat(pty:ip), Attorney Mark T Cramer added to party Susan Neshat, Trustee of the Susan Neshat Living Trust(pty:ip), Attorney Mark T Cramer added to party Daniel L. OHalloran(pty:ip), Attorney Mark T Cramer added to party Daniel L. OHalloran, Trustee of the Daniel L. OHalloran Living Trust(pty:ip), Attorney Mark T Cramer added to party Charles M. Riharb(pty:ip), Attorney Mark T Cramer added to party Charles M. Riharb, Ttrustee of the Charles M. Riharb and September A. Riharb Trust(pty:ip), Attorney Mark T Cramer added to party John Ross, Trustee of the John and Julie Ross Family Trust(pty:ip), Attorney Mark T Cramer added to party Julie S. Ross, Trustee of the John and Julie Ross Family Trust(pty:ip), Attorney Mark T Cramer added to party David Sandsmark(pty:ip), Attorney Mark T Cramer added to party David Sandsmark, Trustee of the Sandsmark Family 2009 Trust(pty:ip), Attorney Mark T Cramer added to party Sonya A. Sandsmark, Trustee of the Gundersen Family Trust(pty:ip), Attorney Mark T Cramer added to party Jan M. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust(pty:ip), Attorney Mark T Cramer added to party Steven L. Shaw, Trustee of the Steven L. Shaw and Jan M. Shaw Family Trust(pty:ip), Attorney Mark T Cramer added to party Muriel Doris Teitelbaum(pty:ip), Attorney Mark T Cramer added to party Muriel Doris Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018(pty:ip), Attorney Mark T Cramer added to party Jan Teitelbaum(pty:ip), Attorney Mark T Cramer added to party Jan Teitelbaum, Trustee of The Teitelbaum Irrevocable Trust Dated November 17, 2018(pty:ip), Attorney Mark T Cramer added to party Stanley Paul Cook, Trustee of The Stanley Paul Cook Trust(pty:ip), Attorney Mark T Cramer added to party Alba N. Valle(pty:ip), Attorney Mark T Cramer added to party Alba N. Valle, Trustees of the Gust S Vreneos Living Trust(pty:ip), Attorney Mark T Cramer added to party Renzo Valle(pty:ip), Attorney Mark T Cramer added to party Renzo Valle, Trustee of the Gust S Vreneos Living Trust(pty:ip), Attorney Mark T Cramer added to party Cari Alter, Trustee of The Alter Family Trust(pty:ip), Attorney Mark T Cramer added to party Ilan Awerbuch(pty:ip), Attorney Mark T Cramer added to party Ilan Awerbuch, Trustee of The Erich and Lilly Awerbuch Revocable Living Trust 2/23/2005(pty:ip), Attorney Mark T Cramer added to party Anthony Fisher, Trustee of the Fisher Family Trust, November 19, 2018(pty:ip), Attorney Mark T Cramer added to party Roswitha Fisher, Trustee of the Fisher Family Trust, November 19, 2018(pty:ip), Attorney Mark T Cramer added to party Brian Haubenstock, Trustee of the Haubenstock Family Trust dated May 27, 2007 and the Haubenstock Family Trust dated March 22, 2010(pty:ip), Attorney Mark T Cramer added to party Michael Haubenstock, Trustee of the Haubenstock Family Trust dated April 12, 2013(pty:ip), Attorney Mark T Cramer added to party Richard Santoro, Trustee of The WatSan Trust 2013(pty:ip), Attorney Mark T Cramer added to party Maurice C. Schwarz, Trustee of the Maurice C. Schwarz Revocable Trust created May 2012(pty:ip), Attorney Mark T Cramer added to party Ryan Wilk(pty:ip) (jdt).
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Filing 331
NOTICE Of Intent to Oppose by Chicago Title Company re #323 MOTION for Authority to Pursue Claims Against Chicago Title (Strauss, Steven) (jdt).
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Filing 330
NOTICE of Intent to Oppose Receiver's Motion for Authority to Pursue Claims Against Chicago Title (dkt. 323) by 2Budz Holding, LLC, Doug Heidrich, Kristine Heidrich, Heidi Orr, Jeff Orr, Wakefield Capital, LLC, Wakefield Investments, LLC (Armstrong, James) (jdt).
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Filing 329
ORDER Granting Joint Motion and Stipulated Request for Order Granting Symetra Life Insurance Company Relief from Preliminary Injunction to Foreclose on Real Property (Docket No. #324 ). Signed by Chief Judge Larry Alan Burns on 6/9/2020. (jdt)
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Filing 328
STATUS REPORT Receiver's Third Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 327
NOTICE of Receipt of Qualified Overbids by Krista Freitag re #318 MOTION for Order for Approval of Sale of Crown Point Property (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 326
Joint MOTION for Protective Order and Approval of Repository and Allocation of Production-Related Costs by Krista Freitag. (Attachments: #1 Declaration of Receiver, Krista Freitag)(Fates, Edward) (jdt).
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Filing 325
MINUTE ORDER. The receiver has filed a motion for authority to pursue claims against Chicago Title. (Docket no. #323 .) Because it is unclear whether this motion will be opposed, any party intending to oppose it should file a notice of intent to oppose the motion, no later than 6/17/2020. The notice should not include any argument. Parties and interested non-parties may jointly file a single notice. If no notice is filed, the Court will treat the motion as an unopposed ex parte application. But if a notice of intent to opposed is filed, the motion will remain on calendar as a noticed motion, and the ordinary briefing schedule for noticed motions will apply. Signed by Chief Judge Larry Alan Burns on 6/9/2020. (jdt)
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Filing 324
Joint MOTION and Stipulated Request for Order Granting Symetra Life Insurance Company Relief from Preliminary Injunction to Foreclose on Real Property by Symetra Life Insurance Company. (Stern, Heather) (jdt). Modified on 6/10/2020 to correct event and edit docket text (jdt).
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Filing 323
MOTION for Authority to Pursue Claims Against Chicago Title by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista Freitag (with Exhibit A))(Fates, Edward) (jdt).
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Filing 322
ORDER Granting Joint Motion to Amend the Court's May 6, 2020, Order Granting, Inter Alia, Receiver's Motion for Approval of Sale of Personal Property and Assignment of Commercial Lease Associated With Bao Beach Restaurant (ECF Nos. #316 , #321 ). Signed by Magistrate Judge Allison H. Goddard on 6/3/2020. (jdt)
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Filing 321
Joint MOTION to Amend Order re #316 Order on Motion for Order by Krista Freitag. (Fates, Edward) (jdt).
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Filing 320
ORDER Setting Briefing Schedule (ECF No. #318 ). Responses due by 5/28/2020. Replies due by 6/4/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the 6/8/2020 deadline set forth in the proposed publication of notice. The Court sets the hearing on the Crown Point Motion for 6/24/2020 at 2:00 p.m. in Courtroom 5B. Any property sale motions the Receiver files by 6/2/2020 will be heard at the same time, allowing at least 14 days for responses and 7 days for replies prior to the hearing date. Signed by Magistrate Judge Allison H. Goddard on 5/12/2020. (jdt)
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Filing 319
ORDER Granting #282 Receiver's Motion for Approval of Sale of Real Property Located at 724 Zanzibar Court. Signed by Magistrate Judge Allison H. Goddard on 05/12/2020. (kxm)
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Filing 318
MOTION for Order for Approval of Sale of Crown Point Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 317
ORDER Granting #293 Receiver's Motion for Approval of Sale of Parking Lot Property. Signed by Magistrate Judge Allison H. Goddard on 05/08/2020. (kxm)
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Filing 316
ORDER Granting #275 the Receivers Motion for Approval of Sale of the Swell Coffee Restaurant Property and Associated Personal Property; Granting #276 the Receivers Motion for Approval of Sale of the Saskas Restaurant Property and Associated Personal Property and Liquor License; and Granting #289 the Receivers Motion for Approval of Sale of Personal Property and Assignment of Commercial Lease Associated with Bao Beach Restaurant. Signed by Magistrate Judge Allison H. Goddard on 05/06/2020. (kxm)
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Filing 315
ORDER BY JUDGE GODDARD, Motions Submitted #276 MOTION for Order for Approval of Sale of The Saska's Restaurant Property and Associated Personal Property and Liquor License, #289 MOTION for Order for Approval of Sale of Personal Property and Assignment of Commercial Lease Associated with Bao Beach Restaurant, #275 MOTION for Order for Approval of Sale of The Swell Coffee Restaurant Property and Associated Personal Property, #282 MOTION for Order for Approval of Sale of Real Property Located at 724 Zanzibar Court, #293 MOTION for Order for Approval of Sale of Parking Lot Property. These motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. The Motion Hearing set for 4/27/2020 is VACATED. Signed by Magistrate Judge Allison H. Goddard on 04/23/2020.(no document attached) (kxm)
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Filing 314
ORDER Granting #303 Joint Motion for Order Granting Seattle Funding Group Relief from Preliminary Injuction to Foreclose on Real Property. Signed by Chief Judge Larry Alan Burns on 4/22/2020. (tcf)
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Filing 308
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #293 MOTION for Order for Approval of Sale of Parking Lot Property (Fates, Edward) (jdt).
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Filing 307
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #289 MOTION for Order for Approval of Sale of Personal Property and Assignment of Commercial Lease Associated with Bao Beach Restaurant (Fates, Edward) (jdt).
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Filing 313
ORDER Granting #267 Motion for Leave to Engage Special Litigation Counsel in Florida. Signed by Chief Judge Larry Alan Burns on 4/22/2020. (tcf)
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Filing 312
ORDER Approving #261 First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver for Payment of Fees and Reimbursement of Expenses. Signed by Chief Judge Larry Alan Burns on 4/22/2020. (tcf)
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Filing 310
ORDER Granting Permission to File Portion of First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP Under Seal. Signed by Chief Judge Larry Alan Burns on 4/22/2020. (anh) Modified on 4/23/2020 (anh).
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Filing 309
ORDER Approving (A) First Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses; and (B) Receiver's Engagement of General Counsel on a Nonprovisional Basis. (ECF #260 .) Signed by Chief Judge Larry Alan Burns on 4/22/2020. (jdt)
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Filing 306
Joint MOTION for Order Granting Lender Relief From Litigation Stay to Pursue Foreclosure as to 3515 Hancock Street Property by Non-party Secured Creditor American National Insurance Company. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1 - Description of Property, #3 Exhibit 2 - Hancock Note, #4 Exhibit 3 - Deed of Trust, #5 Exhibit 4 - Assignment, #6 Exhibit 5 - UCC Financing Statement, #7 Exhibit 6 - Income Stream Guaranty, #8 Exhibit 7 - Notice of Default)(Hosp, F.) (jdt).
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Filing 305
NOTICE of Appearance by Edward P Swan, Jr on behalf of Adelle DuCharme (Swan, Edward)Attorney Edward P Swan, Jr added to party Adelle DuCharme(pty:misc) (jdt).
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Filing 304
ORDER Approving Settlement Agreement With Daniel and Barbara Champion. The Receiver's Motion is granted (ECF #239 ). The Settlement Agreement, a copy of which is attached as Exhibit A to the Declaration of Krista L. Freitag in support of the Motion, is approved. Signed by Chief Judge Larry Alan Burns on 4/21/2020. (jdt)
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Filing 303
Joint MOTION for Order Granting Seattle Funding Group Relief from Preliminary Injunction to Foreclose on Real Property by Seattle Funding Group of California, LLC. (Attachments: #1 Proof of Service)(Kirby, Dean) (jdt).
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Filing 302
RESPONSE to Motion re #293 MOTION for Order for Approval of Sale of Parking Lot Property filed by Non-Party Secured Creditor American National Life Insurance Company of New York. (Hosp, F.) (jdt).
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Filing 301
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #282 MOTION for Order for Approval of Sale of Real Property Located at 724 Zanzibar Court (Fates, Edward) (jdt).
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Filing 300
STIPULATED PROTECTIVE ORDER granting #299 Motion for Protective Order. Signed by Magistrate Judge Allison H. Goddard on 04/10/2020. (kxm)
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Filing 299
Joint MOTION for Protective Order (Stipulated) with Exhibit 1 by Krista Freitag. (Farrell, Michael). QC email: proposed order attached. No refile (jdt).
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Filing 298
MINUTE ORDER. Several motions have been filed and noticed for hearing on Monday, April 13, 2020 at 11:15 a.m. (Docket nos. #239 , #260 , #261 , #263 , and #267 .) No oppositions have been filed, and the Court will treat these motions as unopposed. The hearing on those motions is vacated. Signed by Chief Judge Larry Alan Burns on 4/8/2020. (jdt)
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Filing 297
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #276 MOTION for Order for Approval of Sale of The Saska's Restaurant Property and Associated Personal Property and Liquor License (Fates, Edward) (jdt).
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Filing 296
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #275 MOTION for Order for Approval of Sale of The Swell Coffee Restaurant Property and Associated Personal Property (Fates, Edward) (jdt).
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Filing 295
ORDER Setting Briefing Schedule and Hearing (ECF No. #293 ). Responses due on or before 4/17/2020. Receiver's reply is due on or before 4/24/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline of 4/21/2020 set forth in the publication of notice. The Court finds it appropriate to hear the Motion at the same time as the other pending property sale motions (ECF Nos. #275 ; #276 ; #282 ; #289 ). The Court will hold a hearing on the motion on 4/27/2020 at 2:00 p.m. in Courtroom 5B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 4/3/2020. (jdt)
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Filing 294
RESPONSE re #277 Order on Motion for Order Receiver's Accounting of Costs of Sale for Carmel Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 293
MOTION for Order for Approval of Sale of Parking Lot Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 292
RESPONSE to Motion re #276 MOTION for Order for Approval of Sale of The Saska's Restaurant Property and Associated Personal Property and Liquor License filed by Non-Party Secured Creditor American National Life Insurance Company of New York. (Hosp, F.) (jdt).
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Filing 291
ORDER Requiring Parties to Comply With Deadlines; and ORDER Requiring Electronic Filing or Filing by Mail. Signed by Chief Judge Larry Alan Burns on 3/30/2020. (jdt)
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Filing 290
ORDER Setting Briefing Schedule and Hearing (ECF No. #289 ). Responses due by 4/10/2020. Replies due by 4/24/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline of 4/21/2020 set forth in the publication of notice. The Court finds it appropriate to hear this motion at the same time as the other pending property sale motions (ECF Nos. #275 ; #276 ; #282 ). The Court will hold a hearing on the motion on 4/27/2020 at 2:00 p.m. in Courtroom 5B. Signed by Magistrate Judge Allison H. Goddard on 3/30/2020. (jdt)
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Filing 289
MOTION for Order for Approval of Sale of Personal Property and Assignment of Commercial Lease Associated with Bao Beach Restaurant by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 288
ORDER Granting #287 Supplemental Joint Motion to Extend the Deadline to: (1) Raise a Discovery Dispute with the Court; and (2) Move for a Protective Order in Connection with the Receivers November 14, 2019 Subpoena to the Chicago Title Company. Signed by Magistrate Judge Allison H. Goddard on 03/27/2020. (kxm)
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Filing 287
Joint MOTION for Order to Extend Deadline to (1) Raise a Discovery Dispute with the Court; and (2) Move For A Protective Order In Connection With The Receiver's November 14, 2019 Subpoena to The Chicago Title Company by Krista Freitag. (Farrell, Michael) (jdt).
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Filing 286
ORDER Authorizing Release of Pullman Lofts Phase I, LLC From Order Granting the Parties' Joint Motion and Stipulated Request for a Preliminary Injunction (Doc. Nos. #6 , #259 and #269 ). Signed by Chief Judge Larry Alan Burns on 3/26/2020. (jdt)
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Filing 285
ORDER Setting Briefing Schedule re #282 MOTION for Order for Approval of Sale of Real Property Located at 724 Zanzibar Court: Responses due on or before 4/3/2020. Receiver's reply is due on or before 4/17/2020. The Receiver is ordered to file a notice of non-receipt of overbids if there are no overbids received by the deadline set forth in the publication of notice. The Court finds it appropriate to hear the Zanzibar Court Motion at the same time as the other pending property sale motions (ECF Nos. #275 ; #276 ). Accordingly, the Court will hold a hearing on 4/27/2020 at 2:00 p.m. in Courtroom 5B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 3/20/2020. (jdt)
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Filing 284
ORDER Granting Motion for Substitution of Counsel; and ORDER Granting Motion to Withdraw (Docket numbers #143 , #232 .). The Clerk is directed to make changes in the docket reflecting changes in representation, as requested in those motions and in this order. Substitutions in those motions are granted even if not specifically mentioned in this order. Signed by Chief Judge Larry Alan Burns on 3/19/2020. (jdt)
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Filing 283
MINUTE ORDER. If it is necessary for counsel or pro se parties or interested non-parties to call chambers, they should be ready with the case number, and calls should be kept brief and to the point. Before calling, counsel or parties should confirm that they are calling the correct judge's chambers. And calls should be in conformity with both the Civil Local Rules and the Court's standing order. Among other things, that means they should not avoid ex parte communication and (absent exigent circumstances), attorneys should place the call themselves instead of permitting or directing non-attorney staff to call. They should also refrain from unnecessary calls, which includes calls requesting information available from other sources or calls for hearing dates on motions they are not ready to file. While restrictions on trials and other proceedings remain in place, see Chief Judge's Order 18 (March 17, 2020), filing an appropriate joint motion, ex parte motion, or notice in thedocket is preferable to calling. Counsel and parties should review the docket, as well as orders of the Chief Judge and the Court's general orders, available online on the Court's website, at |
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Filing 282
MOTION for Order for Approval of Sale of Real Property Located at 724 Zanzibar Court by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 281
ORDER Granting #272 Joint Motion to Extend the Deadline to (1) Raise a Discovery Dispute with the Court; and (2) Move for a Protective Order in Connection with the Receiver's November 14, 2019 Subpoena to the Chicago Title Company. Signed by Magistrate Judge Allison H. Goddard on 03/19/2020. (kxm)
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Filing 280
ORDER granting #252 Motion for Order for Approval of Sale of Tennyson Street Property. The Motion is granted in its entirety, except that the request to approve the sale free and clear of the EDD lien is denied as moot in light of #279 Receiver's Notice of Resolution of EDD Lien. Signed by Magistrate Judge Allison H. Goddard on 03/17/2020. (kxm)
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Filing 279
NOTICE of Resolution of EDD Lien by Krista Freitag re #252 MOTION for Order for Approval of Sale of Tennyson Street Property (Fates, Edward) (jdt).
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Filing 278
ORDER Setting Briefing Schedule and Hearing on Motions (ECF Nos. #275 ; #276 ). Any response in opposition to either Motion is due on or before 3/30/2020. Receiver's reply to any opposition is due on or before 4/13/2020. A Motion Hearing is set for 4/27/2020 at 2:00 PM in Courtroom 5B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 3/16/2020. (jdt)
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Filing 277
ORDER Granting Receiver's Motion for Approval of Sale of Carmel Property (ECF No. #246 ). Signed by Magistrate Judge Allison H. Goddard on 3/12/2020. (jdt)
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Filing 276
MOTION for Order for Approval of Sale of The Saska's Restaurant Property and Associated Personal Property and Liquor License by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 275
MOTION for Order for Approval of Sale of The Swell Coffee Restaurant Property and Associated Personal Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 274
NOTICE of Appearance by Walter Christian Waidelich on behalf of Chicago Title Company (Waidelich, Walter)Attorney Walter Christian Waidelich added to party Chicago Title Company(pty:dft) (jdt).
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Filing 273
ORDER BY JUDGE GODDARD, Motions Submitted #246 MOTION for Order for Approval of Sale of Carmel Property, #252 MOTION for Order for Approval of Sale of Tennyson Street Property. These motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required and the motions will be deemed submitted as of this date. The Motion Hearing set for 3/16/2020 is VACATED. (no document attached) (kxm)
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Filing 272
Joint MOTION for Order to Extend the Deadline to (1) Raise A Discovery Dispute With the Court; and (2) Move For A Protective Order In Connection With The Receiver's November 14, 2019 Subpoena To The Chicago Title Company by Krista Freitag. (Farrell, Michael). QC email: Counsel signing for Chicago Title needs to file NOA (jdt).
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Filing 271
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #252 MOTION for Order for Approval of Sale of Tennyson Street Property (Fates, Edward) (jdt).
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Filing 270
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #246 MOTION for Order for Approval of Sale of Carmel Property (Fates, Edward) (jdt).
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Filing 269
ORDER Granting Joint Motion for Approval of Sale of Personal Property Interest in Pullman Lofts Phase I, LLC (ECF No. #229 ). The parties' request to release Project Owner Pullman Lofts Phase I, LLC from the receivership is deferred in accordance with the Court's Order Authorizing Briefing on Release of Pullman Lofts Phase I, LLC. ECF No. #259 . Signed by Magistrate Judge Allison H. Goddard on 3/6/2020. (jdt)
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Filing 268
ORDER Granting #251 Joint Motion for Limited Relief From Preliminary Injunction (Doc. #6 ). Signed by Chief Judge Larry Alan Burns on 3/3/2020. (jdt)
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Filing 267
MOTION for Order for Approval of Proposed Engagement of Special Litigation Counsel in Florida by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 266
SUPPLEMENTAL DOCUMENT by Krista Freitag re #263 MOTION to File Documents Under Seal Proof of Service. (Fates, Edward) (jdt).
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Filing 265
SEALED LODGED Proposed Document re: #263 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (anh).
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Filing 264
**Docketed under seal at doc. no. 311 ** SEALED LODGED Proposed Document re: #263 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fates, Edward) (anh). (Main Document 264 replaced on 4/23/2020) (anh). Modified on 4/23/2020 (anh).
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Filing 263
MOTION to File Documents Under Seal (With attachments)(Fates, Edward) (anh).
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Filing 262
NOTICE of Hearing on Interim Applications for Approval and Payment of Compensation to the Receiver and Her Professionals by Krista Freitag re #261 MOTION First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses , #260 MOTION First Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses; Request for Approval of Engagement of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Receiver's General Co (Fates, Edward) (jdt).
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Filing 261
MOTION First Interim Fee Application of Allen Matkins Leck Gamble Mallory & Natsis LLP, General Counsel to the Receiver, Krista L. Freitag, for Payment of Fees and Reimbursement of Expenses by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 260
MOTION First Interim Fee Application of Krista L. Freitag, Court-Appointed Receiver, for Payment of Fees and Reimbursement of Expenses; Request for Approval of Engagement of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Receiver's General Counsel on a Non-Provisional Basis by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fates, Edward) (jdt).
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Filing 259
ORDER Authorizing Briefing on Release of Pullman Lofts Phase I, LLC. Signed by Chief Judge Larry Alan Burns on 3/2/2020. (jdt)
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Filing 258
RESPONSE in Support re #229 Joint MOTION for Order of Sale of Personal Property Interest In Pullman Lofts Phase I, LLC Joint Supplement to Clarify Joint Motion as per Order (ECF 253) filed by Krista Freitag. (Zaro, David) (jdt).
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Filing 257
RESPONSE re #226 Order on Motion for Order, Order on Motion for Miscellaneous (Other 1) Receiver's Accounting of Costs of Sale for Rancho Mirage Property filed by Krista Freitag. (Fates, Edward). Modified on 2/25/2020 to edit text (jdt).
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Filing 256
RESPONSE re #163 Order on Motion for Order Receiver's Accounting of Costs of Sale of 1617 Thomas Avenue Property filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 255
ORDER Setting Briefing Schedule on Motion (ECF No. #252 ). Any response in opposition to the Receiver's Motion is due on or before 3/6/2020. Receiver's reply is due on or before 3/11/2020. A Motion Hearing is set for 3/16/2020 at 2:00 PM in Courtroom 5B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 2/21/2020. (jdt)
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Filing 254
ORDER Requiring Notice of Intent to Oppose Motion for Limited Relief From Preliminary Order. Any party objecting to this proposal, or intending to oppose this motion should file a notice so stating, by 2/27/2020. Signed by Chief Judge Larry Alan Burns on 2/21/2020. (jdt)
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Filing 253
NOTICE AND ORDER: (1) Setting Deadline to Clarify Joint Motion for Approval of Sale of Personal Property Interest in Pullman Lofts Phase I, LLC; and (2) Setting Deadline to File Opposition (ECF No. #229 ). The parties to the Pullman Lofts Motion are ordered to file a clarification on the record no later than 2/28/2020. Any interested non-party who opposes the motion must notify the Court of such opposition and the reasons therefor by 2/28/2020. Signed by Magistrate Judge Allison H. Goddard on 2/21/2020. (jdt)
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Filing 252
MOTION for Order for Approval of Sale of Tennyson Street Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (jdt).
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Filing 251
Joint MOTION for Limited Relief From Order, Granting the Parties Joint Motion and Stipulated Request For A Preliminary Injunction re #6 Order on Motion for Preliminary Injunction (with Exhibits A through G) by Krista Freitag. (Zaro, David) (jdt).
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Filing 250
REPLY to Response to Motion re #114 MOTION to Intervene filed by Non-Party Secured Creditor American National Life Insurance Company of New York, Non-party Secured Creditor American National Insurance Company. (Hosp, F.). QC note: Not timely per Order (Dkt. #228 ) (jdt).
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Filing 249
AMENDED PROTECTIVE ORDER Regarding Access to ANI-Related Documents (ECF No. #220 ). Signed by Magistrate Judge Allison H. Goddard on 2/14/2020. (jdt)
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Filing 248
ORDER Setting Briefing Schedule and Hearing on Motion (ECF No. #246 ). Responses due by 3/2/2020. Replies due by 3/9/2020. Motion Hearing set for 3/16/2020 02:00 PM in Courtroom 5B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 2/14/2020.(jrm)
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Filing 247
NON Opposition re #220 Joint MOTION to Amend/Correct Protective Order Regarding Access to ANI-Related Documents filed by Chicago Title Company. (Strauss, Steven) (jdt).
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Filing 246
MOTION for Order for Approval of Sale of Carmel Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 245
ORDER Granting Motion to Amend Order Granting Receiver's Motion to Approve Sale of Real Property Located at 1617 Thomas Avenue (ECF No. #244 ). Signed by Magistrate Judge Allison H. Goddard on 2/12/2020. (jdt)
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Filing 244
Ex Parte MOTION to Amend/Correct #163 Order on Motion for Order Joint Motion to Amend Order Granting Receiver's Motion to Approve Sale of Real Property Located at 1617 Thomas Avenue [Dkt. 163] by Krista Freitag. (Attachments: #1 Declaration of Krista Freitag, #2 Declaration of Ted Fates)(Fates, Edward) (jdt).
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Filing 243
RESPONSE re #226 Order on Motion for Order, Order on Motion for Miscellaneous: Receiver's Accounting of Costs of Sale of 805 Brighton Court Property filed by Krista Freitag. (Fates, Edward). Modified on 2/11/2020 to edit text (jdt).
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Filing 242
ORDER Requiring Notice of Intent To Oppose For Approval of Settlement Agreement. It is not clear, however, that the motion will be opposed. Any party or interested person intending to oppose the motion in whole or in part should file a notice stating their intent, no later than March 2. Signed by Chief Judge Larry Alan Burns on 2/10/2020.(mme)
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Filing 241
STATUS REPORT Receiver's Second Interim Report and Recommendations by Krista Freitag. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fates, Edward) (jdt).
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Filing 240
NOTICE of Appearance by Phillip L Stern on behalf of Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, FB Cook 2002 Trust, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels (Stern, Phillip)Attorney Phillip L Stern added to party Glenna Cook(pty:ip), Attorney Phillip L Stern added to party Kelly Cook(pty:ip), Attorney Phillip L Stern added to party Theodore Cook, Jr(pty:ip), Attorney Phillip L Stern added to party Theodore Cook(pty:ip), Attorney Phillip L Stern added to party FB Cook 2002 Trust(pty:ip), Attorney Phillip L Stern added to party GKK Holdings, LLC(pty:ip), Attorney Phillip L Stern added to party Nancy Heldt(pty:ip), Attorney Phillip L Stern added to party Barry Horn(pty:ip), Attorney Phillip L Stern added to party Debra Horn(pty:ip), Attorney Phillip L Stern added to party Jan Horn(pty:ip), Attorney Phillip L Stern added to party Robin Horn(pty:ip), Attorney Phillip L Stern added to party Taylor Horn(pty:ip), Attorney Phillip L Stern added to party Maureen Horn (pty:ip), Attorney Phillip L Stern added to party Randy Horn (pty:ip), Attorney Phillip L Stern added to party Horn Family Trust(pty:ip), Attorney Phillip L Stern added to party Horn Family Trust dated February 9, 1998(pty:ip), Attorney Phillip L Stern added to party Horn Family Trust dated September 15, 2016(pty:ip), Attorney Phillip L Stern added to party Randolph Levin(pty:ip), Attorney Phillip L Stern added to party Roberta Mariani(pty:ip), Attorney Phillip L Stern added to party Scott Porter(pty:ip), Attorney Phillip L Stern added to party Porter Revocable Trust(pty:ip), Attorney Phillip L Stern added to party Steven Samuels(pty:ip) (jdt).
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Filing 239
MOTION for Order for Approval of Settlement Agreement with Daniel and Barbara Champion by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 238
PROTECTIVE ORDER REGARDING INVESTOR CONTACT INFORMATION re #146 Motion for Protective Order. Signed by Magistrate Judge Allison H. Goddard on 2/5/2020. (sjm)
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Filing 237
ORDER Granting Joint Ex Parte Motion to Amend Order Regarding Pending Property Sale Motions (ECF No. #234 ). This Court's 1/24/2020 Order Regarding Pending Property Sale Motions (Dkt. No. #226 ) is amended. Signed by Magistrate Judge Allison H. Goddard on 2/5/2020. (jdt)
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Filing 236
PRO HAC APPROVED: Phillip L Stern appearing for Interested Parties Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch (no document attached) (jrd)
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Filing 235
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13448456.)(Application to be reviewed by Clerk.)(Stern, Phillip)(jrd)
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Filing 234
Ex Parte MOTION to Amend/Correct #226 Order on Motion for Order,,,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous (Other 1),,,,,,,,,,, Joint Motion to Amend Order Regarding Pending Property Sale Motions [Dkt. 226] by Krista Freitag. (Attachments: #1 Declaration of Krista Freitag, #2 Declaration Edward Fates)(Fates, Edward) (sjm).
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Filing 233
NOTICE of Appearance and Request for Notice by Jocelyn D. Hannah on behalf of Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, FB Cook 2002 Trust, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels, Scott Porter Rev Living Trust (Hannah, Jocelyn) (jdt).
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Filing 232
MOTION to Substitute Attorney Douglas A. Pettit and Jocelyn D. Hannah by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, FB Cook 2002 Trust, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels, Scott Porter Rev Living Trust. (Hannah, Jocelyn). QC email: Proposed order attached. No refile (jdt).
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Filing 231
NOTICE of Appearance and Request for Notices by Heather Elizabeth Stern on behalf of Select Portfolio Servicing, Inc. (Stern, Heather)Attorney Heather Elizabeth Stern added to party Select Portfolio Servicing, Inc.(pty:ip) (jdt).
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Filing 230
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 1/24/2020 before Magistrate Judge Allison H. Goddard. 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 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020. (akr)
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Filing 229
Joint MOTION for Order of Sale of Personal Property Interest In Pullman Lofts Phase I, LLC by Krista Freitag. (Attachments: #1 Declaration of Receiver, Krista Freitag In Support Thereof (with Exhibit A))(Zaro, David) (sjm).
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Filing 228
ORDER Granting Joint Motion for Extension of Time (ECF No. #223 ). The Joint Motion to extend the time by which American National Insurance Company and American National Life Insurance Company of New York may file a reply brief in support of their Motion to Intervene (ECF No. #114 ) is granted. Proposed Intervenors are granted until 2/14/2020 to file a reply. Signed by Chief Judge Larry Alan Burns on 1/27/2020. (jdt)
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Filing 227
ORDER Granting Joint Motion for Extension (ECF No. #224 ). Signed by Magistrate Judge Allison H. Goddard on 1/28/2020. (jdt)
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Filing 226
ORDER REGARDING PENDING PROPERTY SALE MOTIONS: GRANTING #148 the Receiver's Motion for (A) Approval of Sale of Real Property Located at 805 Brighton Court; and (B) Authority to Pay Broker's Commission; GRANTING #150 the Receiver's Motion for Authority to (A) Engage Licensed Auctioneer, (B) Utilize Liquor License Broker to Sell Liquor Licenses, and (C) Sell Personal Property; GRANTING #165 the Receiver's Motion for (A) Approval of Sale of Rancho Mirage Property; and (B) Authority to Pay Broker's Commission; GRANTING #169 the Joint Motion for Approval of Sale of Personal Property and Liquor License Associated with the Restaurant Formerly Known as the Patio on 101 filed by the Receiver, the SEC, and Defendant Gina-Champion Cain; and GRANTING #176 the Joint Motion for Approval of Sale of Personal Property and Liquor License Associated with the Patio on Goldfinch Restaurant filed by the Receiver, the SEC, and Defendant Gina-Champion Cain. Nothing in this Order should be construed as a waiver or extinguishment of any purported creditor's claim of any interest in the net proceeds of the approved sales of receivership assets that are slated for distribution to the receivership estate. Signed by Magistrate Judge Allison H. Goddard on 01/24/2020. (kxm)
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Filing 225
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Motion Hearing held on 1/24/2020 re: #148 MOTION for Order for (A) Approval of Sale of Real Property Located at 805 Brighton Court; and (B) Authority to Pay Broker's Commission; #150 MOTION for Order for Authority to (A) Engage Licensed Auctioneer, (B) Utilize Liquor License Broker to Sell Liquor Licenses, and (C) Sell Personal Property; #165 MOTION for Order for (A) Approval of Sale of Rancho Mirage Property, and (B) Authority to Pay Broker's Commission; #169 Joint MOTION for Approval of Sale of Personal Property and Liquor License Associated with the Restaurant Formerly Known as The Patio on 101; and #176 Joint MOTION for Approval of Sale of Personal Property and Liquor License Associated with The Patio on Goldfinch Restaurant. Order to issue. (Court Reporter/ECR Liberty Court Recorder 3:37-4:31). (Plaintiff Attorney Kathryn Wanner). (Defendant Attorney Angela Machala for Defendant Gina Champion-Cain (telephonic)). (Ted Fates for Receiver Krista L. Freitag; Krista L. Freitag (Receiver); William Calderelli on behalf of several interested non-party investors; Gary Aguirre on behalf of interested non-parties the Edelman investors; Dean Kirby on behalf of interested non-party Seattle Funding Group; John Stephens on behalf of interested non-party CalPrivate Bank; Benjamin Galdston on behalf of Allred plaintiffs in related case 3:19-cv-2129-LAB-AHG (telephonic); Megan Donohue on behalf of interested non-party Chicago Title Company (telephonic); Phil Hosp on behalf of interested non-parties American National Life Insurance Company and American National Life Insurance Company of New York (telephonic)). (no document attached) (kxm)
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Filing 224
Joint MOTION To Extend The Deadline to Raise a Discovery Dispute With The Court In Connection With the Receiver's November 14, 2019 Subpoena to the Chicago Title Company by Krista Freitag. (Farrell, Michael) (jpp).
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Filing 223
Joint MOTION for Extension of Time to File Response/Reply Brief Re: American National Insurance Company and American National Life Insurance Company of New York's Motion to Intervene by Non-Party Secured Creditor American National Life Insurance Company of New York. (Hosp, F.)(jpp).
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Filing 222
ORDER Granting Ex Parte Motion for Leave to Appear Telephonically at Hearing (ECF No. #221 ). Signed by Magistrate Judge Allison H. Goddard on 1/24/2020. (jdt)
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Filing 221
Ex Parte MOTION for Leave to Appear Telephonic at Status Conference by Chicago Title Company. (Attachments: #1 Declaration Megan Donohue in support of)(Donohue, Megan) (jdt).
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Filing 220
Joint MOTION to Amend/Correct Protective Order Regarding Access to ANI-Related Documents by Chicago Title Company. (Strauss, Steven) (jpp).
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Filing 219
Order Establishing Uniform Property Sale Procedures adopting in part and rejecting in part #195 Receiver's Proposed Property Sale Procedures. Signed by Magistrate Judge Allison H. Goddard on 01/22/2020. (kxm)
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Filing 218
Protective Order Regarding Access to ANI-Related Documents, granting #174 Motion for Protective Order; granting #201 Supplemental Motion for Protective Order. Signed by Magistrate Judge Allison H. Goddard on 01/22/2020. (kxm)
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Filing 217
ORDER Granting Joint Motion for Counsel for Defendant Champion-Cain to Appear Telephonically at Hearing (ECF No. #214 ). Signed by Magistrate Judge Allison H. Goddard on 1/22/2020. (jdt)
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Filing 216
MINUTE ORDER directing all parties and interested non-parties to review Magistrate Judge Allison H. Goddard's Civil Pretrial Procedures on the Court's website. In particular, the Court directs the parties' and non-parties' attention to Judge Goddard's requirement that any person who appears telephonically may only listen to the hearing and may not present argument by telephone. Signed by Magistrate Judge Allison H. Goddard on 01/22/2020. (no document attached) (kxm)
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Filing 215
NOTICE OF WITHDRAWAL OF DOCUMENT by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, Bryan S Edelman, Mychal D Edelman, Robert P Edelman, FB Cook 2002 Trust, Nancy Fournier, GKK Holdings, LLC, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Royce Mathews, Scott Porter, Porter Revocable Trust, Riverside Adventure Trails, Steven Samuels, Scott Porter Rev Living Trust, Robbie Vivat, Fiona Williams re #211 Notice (Other),,,,, filed by Mychal D Edelman, Debra Horn, M. Joan Porter, Horn Family Trust dated February 9, 1998, Jan Horn, FB Cook 2002 Trust, Riverside Adventure Trails, Michael Kaplowitz, Randy Horn, Horn Family Trust dated September 15, 2016, Theodore Cook, Jr., Horn Family Trust, Nancy Heldt, Robbie Vivat, Philip Averbuch, Theodore Cook, Nancy Fournier, Roberta Mariani, Megan Averbuch, Richard Kaplowitz, Martin Averbuch, Robin Horn, Linda Azzara, Porter Revocable Trust, Royce Mathews, Marjorie Kaplowitz, Steven Samuels, Barry Horn, Cassie Averbuch, Maureen Horn, Glenna Cook, Rosa Averbuch, Randolph Levin, Scott Porter, GKK Holdings, LLC, Fiona Williams, Bryan S Edelman, Kelly Cook, Taylor Horn, Scott Porter Rev Living Trust, Bonnie Averbuch, Robert P Edelman, Brian Averbuch . (Aguirre, Gary) (jdt).
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Filing 214
Joint MOTION and Stipulated Request for Counsel to Appear Telephonically at Hearing by Gina Champion-Cain. (Machala, Angela) (jdt).
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Filing 213
NOTICE of Intent to Join Hearing on Receiver's Proposal for Property Sale Procedures by Phone by Non-Party Secured Creditor American National Life Insurance Company of New York (Hosp, F.) (jdt).
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Filing 212
ORDER Granting Motion to Appear Telephonically (ECF No. #210 ). Signed by Magistrate Judge Allison H. Goddard on 1/21/2020. (jdt)
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Filing 211
***WITHDRAWN per ECF #215 *** NOTICE of intent to join hearing by phone by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, Bryan S Edelman, Mychal D Edelman, Robert P Edelman, FB Cook 2002 Trust, Nancy Fournier, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Royce Mathews, Scott Porter, Porter Revocable Trust, Riverside Adventure Trails, Steven Samuels, Scott Porter Rev Living Trust, Robbie Vivat, Fiona Williams re #204 Response to Motion, #209 Reply - Other, #164 Order Setting Briefing Schedule, #207 Response - Other, #148 MOTION for Order for (A) Approval of Sale of Real Property Located at 805 Brighton Court; and (B) Authority to Pay Broker's Commission, #195 Response - Other, #150 MOTION for Order for Authority to (A) Engage Licensed Auctioneer, (B) Utilize Liquor License Broker to Sell Liquor Licenses, and (C) Sell Personal Property (Aguirre, Gary) (jdt). Modified on 1/23/2020 to withdraw (jdt).
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Filing 210
Ex Parte MOTION for Order Permitting Telephonic Appearance at Hearing scheduled for January 24, 2020 by Blake E. Allred. (Attachments: #1 Declaration)(Galdston, Benjamin) (jdt).
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Filing 209
REPLY - Other re #164 Order Setting Briefing Schedule, #165 MOTION for Order for (A) Approval of Sale of Rancho Mirage Property; and (B) Authority to Pay Broker's Commission, #150 MOTION for Order for Authority to (A) Engage Licensed Auctioneer, (B) Utilize Liquor License Broker to Sell Liquor Licenses, and (C) Sell Personal Property ; Notice of Non-Receipt of Qualified Overbids filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 208
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #148 MOTION for Order for (A) Approval of Sale of Real Property Located at 805 Brighton Court; and (B) Authority to Pay Broker's Commission (Fates, Edward) (jdt).
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Filing 207
RESPONSE re #195 Response - Other to Receiver's Proposed Procedures Governing Future Property Sales Motion filed by CALPRIVATE BANK. (Attachments: #1 Declaration of John Stephens in CalPrivate Bank's Response to Receiver's Proposed Procedures Governing Future Property Sales Motions, #2 Proof of Service)(Stephens, John). Modified on 1/13/2020 to remove duplicative text (jdt).
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Filing 206
PROTECTIVE ORDER. Signed by Magistrate Judge Allison H. Goddard on 1/10/2020.(jdt)
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Filing 205
RESPONSE to Motion re #156 Joint MOTION for Order to Approve Limited Consent to Magistrate Judge for Motions to Approve Sales of Receivership Assets filed by CALPRIVATE BANK. (Attachments: #1 Declaration in Support of Response, #2 Proof of Service)(Stephens, John). Modified on 1/13/2020 to remove duplicative text (jdt).
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Filing 204
RESPONSE to Motion re #165 MOTION for Order for (A) Approval of Sale of Rancho Mirage Property; and (B) Authority to Pay Broker's Commission filed by CALPRIVATE BANK. (Attachments: #1 Proof of Service )(Stephens, John) (jdt).
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Filing 203
Joint MOTION for Extension of Time to File Response/Reply Brief Re: #114 American National Insurance Company and American National Life Insurance Company of New York's Motion to Intervene by Non-Party Secured Creditor American National Life Insurance Company of New York. (Hosp, F.) Modified on 1/9/2020 to note Joint filing, added link (jdt).
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Filing 202
RESPONSE in Support re #143 MOTION to Withdraw as Attorney filed by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, FB Cook 2002 Trust, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels. (Attachments: #1 Declaration, #2 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 201
Supplemental Joint MOTION for Protective Order and Access to ANI-Related Documents by Lester Asch, Marlene Asch, Deanna P. Bernsen, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Richard Burns, Brian Chou, Lianne Compton, Kristin E. Conner, Rick L. Conner, Brian Cooper, Viktor Cox, Amy R. Dorman, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Matthew Goldstone, Kay Hansen, Scott Hansen, Ardith Harris, Marvin Harris, Jessica F. Harrison, Thomas D. Harrison, Jean Ann Hemingway, Dawn A. Holman, Peter R. Holman, Wendy Huge, Meenakshi Jain, Rakesh Jain, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, David Marks, Ronald Marks, James S. Matheson, Royce Mathews, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Rajbir Sandhu, Gwen E. Schvimmer, Matthew A. Schvimmer, Andrew Jay Sells, Miriam Frances Sells, Kenneth Serio, Jaianand Sethee, Satendra Sethee, Tejinder Sethee, Babak Shakib, David Sider, James St. John, Kenneth Stock, Michael Tacelosky, Brian Toupin, Rikki Toupin. (Caldarelli, William). Modified on 1/9/2020 to indicate "Supplemental" (jdt).
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Filing 200
NOTICE of Lodgment by Krista Freitag re 194 Discovery Conference (Attachments: #1 [Proposed] Protective Order)(Farrell, Michael). QC email: proposed order attached (jdt).
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Filing 199
RESPONSE re #166 Order on Motion for Order, #162 Order on Motion for Order: Receiver's Accounting of Costs of Sales of Lamont Street and Keller Street Properties filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 198
RESPONSE to Motion re #150 MOTION for Order for Authority to (A) Engage Licensed Auctioneer, (B) Utilize Liquor License Broker to Sell Liquor Licenses, and (C) Sell Personal Property filed by CALPRIVATE BANK. (Attachments: #1 Declaration of John H. Stephens in Support of CalPrivate Bank's Responses, #2 Proof of Service)(Stephens, John) Modified on 1/9/2020 to remove duplicative text (jdt).
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Filing 197
Investors' Notice of Non-Opposition to #143 Motion to Withdraw filed by Martin Averbuch, Randolph Levin. Nunc Pro Tunc 12/17/2019. (jdt)
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Filing 196
Notice of Document Discrepancies and Order Thereon by Chief Judge Larry Alan Burns Accepting Document: Investors' Notice of Non-Opposition to Motion to Withdraw, from Interested Parties Martin Averbuch, Randolph Levin. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.2 - Missing Proof of Service; LR 5(1)(h) - Filer is not a party to the case. Nunc Pro Tunc 12/17/2019. Signed by the Chambers of Chief Judge Larry Alan Burns on 1/6/2020. (jdt)
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Filing 195
RESPONSE re #164 Order Setting Briefing Schedule: Receiver's Proposal for Property Sale Procedures filed by Krista Freitag. (Fates, Edward). Modified on 1/6/2020 to edit text (jdt).
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Filing 194
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Discovery Dispute Conference held on 1/2/2020 regarding the Receiver's disputed Third-Party Subpoena to Union Bank regarding bank records of non-party Chicago Title Company. On the sole point of remaining disagreement between the Receiver and Chicago Title Company regarding the Union Bank subpoena, the Court issued an oral ruling approving the Receiver's proposal that she be permitted to review all physical checks produced pursuant to the subpoena to determine their relevancy to this action as part of her Accounting. The Court noted that, under the Receiver's proposal, all material produced will be subject to a protective order and irrelevant material will be destroyed after the Receiver conducts her relevancy review. The Court further ordered counsel for the Receiver and Chicago Title Company to work together to provide a proposed protective order incorporating (1) the protections set forth in #179 the Court's Protective Order concerning City National Bank records, (2) the agreed-upon scope of the narrowed Union Bank subpoena, and (3) the Receiver's proposed and Court-approved relevancy review and process to destroy irrelevant, sensitive financial material produced by Union Bank. The Proposed Order must be provided to the Court by 01/08/2020. (Court Reporter/ECR Liberty Court Recorder 1:06-1:26). (Plaintiff Attorney Kathryn Wanner). (Michael Farrell and Ted Fates for Receiver Krista Freitag; Steven Strauss and Megan Donohue for Chicago Title Company; Edward Schroeder for Non-Party Creditor Adam Lewis Construction; Dean Ziehl for Non-Party Creditor Banc of California; Gary Aguirre for numerous Interested Non-Party lenders/investors; William Calderelli for numerous Interested Non-Party lenders/investors; Benjamin Galdston for Interested Non-Party and Plaintiff in related case 3:19-cv-02129-LAB-AHG Blake E. Allred; F. Phillip Hosp for Non-Party Creditors American National Insurance Company and American National Life Insurance Company; John Stephens for Non-Party Creditor CalPrivate Bank; Dean Kirby for Non-Party Creditor Seattle Funding Group; Thomas Ladegaard for Non-Party Creditor Iconik Builders; Reporter Carter Stoddard for the LA Daily Journal (all attendance telephonic)). (no document attached) (kxm)
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Filing 193
NOTICE OF INTENT TO ATTEND TELEPHONIC STATUS CONFERENCE by ICONIK BUILDERS, INC. re #179 Order, Set Hearings, Set Deadlines, Protective Order (Ladegaard, Thomas). Modified on 12/31/2019 - QC email: all-caps text (jdt).
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Filing 192
NOTICE of Intent to Attend Telephonic Status Conference by Seattle Funding Group of California, LLC re #179 Order, Set Hearings, Set Deadlines, Protective Order, (Attachments: #1 Proof of Service)(Kirby, Dean) (jdt).
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Filing 191
RESPONSE in Opposition re #114 MOTION to Intervene filed by Securities and Exchange Commission. (Wanner, Kathryn) (jdt).
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Filing 190
NOTICE OF INTENT TO ATTEND TELEPHONIC STATUS CONFERENCE by CALPRIVATE BANK re #179 Order, Set Hearings, Set Deadlines, Protective Order, (Attachments: #1 Proof of Service)(Stephens, John). Modified on 12/31/2019 - QC email: all-caps text (jdt).
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Filing 189
NOTICE OF INTENT TO ATTEND TELEPHONIC STATUS CONFERENCE by Non-party Secured Creditor American National Insurance Company (Hosp, F.) Modified on 12/31/2019 - QC email: all-caps text (jdt).
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Filing 188
NOTICE of Intent to Attend Telephonic Status Conference by Blake E. Allred (Galdston, Benjamin) (jdt).
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Filing 187
RESPONSE in Opposition re #114 MOTION to Intervene filed by Krista Freitag. (Zaro, David) (jdt).
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Filing 186
NOTICE of Intent to Appear and Attend Telephonic Status Conference by Lester Asch, Marlene Asch, Brant Benun, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Richard Burns, Brian Chou, Lianne Compton, Rick L. Conner, Brian Cooper, Viktor Cox, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Matthew Goldstone, Kay Hansen, Scott Hansen, Ardith Harris, Thomas D. Harrison, Jean Ann Hemingway, Peter R. Holman, Wendy Huge, Meenakshi Jain, Rakesh Jain, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, David Marks, Ronald Marks, James S. Matheson, Arne C. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Rajbir Sandhu, Matthew A. Schvimmer, Andrew Jay Sells, Miriam Frances Sells, Kenneth Serio, Jaianand Sethee, Satendra Sethee, Tejinder Sethee, Babak Shakib, David Sider, James St. John, Kenneth Stock, Michael Tacelosky, Brian Toupin, Rikki Toupin re #179 Order, Set Hearings, Set Deadlines, Protective Order, (Caldarelli, William) (jdt).
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Filing 185
MOTION to Amend/Correct #172 Response in Opposition to Motion, by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Exhibit, #2 Proof of Service)(Aguirre, Gary) (jpp).
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Filing 184
NOTICE by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, Bryan S Edelman, Mychal D Edelman, Robert P Edelman, FB Cook 2002 Trust, Nancy Fournier, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Royce Mathews, Scott Porter, Porter Revocable Trust, Riverside Adventure Trails, Steven Samuels, Scott Porter Rev Living Trust, Robbie Vivat, Fiona Williams re #179 Order,,,, Set Hearings,,,, Set Deadlines,,,, Protective Order,,, (Aguirre, Gary) (jpp).
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Filing 183
NOTICE of Intent to Join Telephonic Status Conference by Non-Party Creditor Banc of California (Ziehl, Dean) (jpp).
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Filing 182
NOTICE of Intent to Join Telephonic Status Conference by Adam Lewis (Schroeder, Edward) (jpp).
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Filing 181
DECLARATION re #168 Declaration,,, #170 Order on Motion to Withdraw as Attorney, #144 Certificate of Service,, by Interested Parties Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Kelly Cook, Theodore Cook, Jr, Theodore Cook, FB Cook 2002 Trust, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels. (Aguirre, Gary) (jpp).
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Filing 180
ORDER Setting Deadline for Objections to #174 Joint Motion for Protective Order and Access to ANI-Related Documents. Any memorandum in opposition to the Proposed Protective Order must be filed by 1/10/2020. The Court will address the Joint Motion and any objections at the 1/24/2020 hearing. Signed by Magistrate Judge Allison H. Goddard on 12/20/2019. (kxm)
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Filing 179
ORDER: (1) Entering Protective Order Re: City National Bank Records produced to the Receiver; (2) Staying Compliance with Subpoena Directed to Union Bank; (3) Setting Telephonic Status Conference; and (4) Setting Deadline for Non-Parties to Give Notice of Intent to Attend Telephonic Status Conference. Telephonic Status Conference set for 1/2/2020 at 01:00 PM before Magistrate Judge Allison H. Goddard to discuss Union Bank subpoena. Counsel for the Receiver and Chicago Title Company shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to join the conference. Deadline for counsel for any other interested non-parties to notify Court of intent to join the call is 12/31/2020 at 12:00 PM. Signed by Magistrate Judge Allison H. Goddard on 12/20/2019. (kxm)
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Filing 178
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Discovery Conference held on 12/20/2019. Order to issue. (Plaintiff Attorney Kathryn Wanner). (Michael Farrell for Receiver Krista Freitag; Steven Strauss and Megan Donohue for Chicago Title Company). (no document attached) (kxm)
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Filing 177
MINUTE ORDER setting Telephonic Discovery Dispute Conference for 12/20/2019 at 03:30 PM before Magistrate Judge Allison H. Goddard, pursuant to an email to chambers regarding bank records obtained by the Receiver via third-party subpoena. Counsel for the Receiver and for interested non-party Chicago Title Company shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to join the conference. Signed by Magistrate Judge Allison H. Goddard on 12/20/2019. (no document attached) (kxm)
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Filing 176
Joint MOTION for Approval of Sale of Personal Property and Liquor License Associated with The Patio on Goldfinch Restaurant by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 175
REPLY - Other re #172 Response in Opposition to Motion, Receiver's Reply to Bryan S. Edelman, Mychal D. Edelman and Robert P. Edelman's Objections and Opposition to Joint Motion Regarding Use of Funds from Chicago Title Company Escrow Account filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 174
Joint MOTION for Protective Order and Access to ANI-Related Documents by Lester Asch, Marlene Asch, Brant Benun, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Richard Burns, Brian Chou, Lianne Compton, Rick L. Conner, Brian Cooper, Viktor Cox, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Matthew Goldstone, Kay Hansen, Scott Hansen, Ardith Harris, Thomas D. Harrison, Jean Ann Hemingway, Peter R. Holman, Wendy Huge, Meenakshi Jain, Rakesh Jain, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, David Marks, Ronald Marks, James S. Matheson, Arne C. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Rajbir Sandhu, Gwen E. Schvimmer, Matthew A. Schvimmer, Andrew Jay Sells, Miriam Frances Sells, Kenneth Serio, Jaianand Sethee, Satendra Sethee, Tejinder Sethee, Babak Shakib, David Sider, James St. John, Kenneth Stock, Michael Tacelosky, Brian Toupin, Rikki Toupin. (Caldarelli, William) (jdt).
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Filing 173
NOTICE of Appearance by Gary J Aguirre on behalf of Nancy Fournier, Fiona Williams, Robbie Vivat, Royce Mathews, Riverside Adventure Trails (Attachments: #1 Proof of Service)(Aguirre, Gary)Attorney Gary J Aguirre added to party Nancy Fournier(pty:ip), Attorney Gary J Aguirre added to party Fiona Williams(pty:ip), Attorney Gary J Aguirre added to party Robbie Vivat(pty:ip), Attorney Gary J Aguirre added to party Royce Mathews(pty:ip), Attorney Gary J Aguirre added to party Riverside Adventure Trails(pty:ip) (jdt).
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Filing 172
RESPONSE in Opposition re #157 Joint MOTION Regarding Use of Funds From Chicago Title Escrow Account filed by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 171
REQUEST FOR JUDICIAL NOTICE by Bryan S Edelman, Mychal D Edelman, Robert P Edelman re #157 Joint MOTION Regarding Use of Funds From Chicago Title Escrow Account , #159 Order, (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 170
ORDER TO SHOW CAUSE Re: Withdrawal of Counsel. If any of the interested non-parties on whose behalf Aguirre has appeared in this case object to his withdrawing as counsel, they should file an objection no later than 12/30/2019. Aguirre must promptly send a copy of this order to each of them, and no later than 12/23/2019 must file proof that he did this. Signed by Chief Judge Larry Alan Burns on 12/17/2019. (jdt)
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Filing 169
Joint MOTION for Approval of Sale of Personal Property and Liquor License Associated with the Restaurant Formerly Known as The Patio on 101 by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 168
DECLARATION re #143 MOTION to Withdraw as Attorney , #144 Certificate of Service,, by Interested Parties Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Kelly Cook, Theodore Cook, Jr, Theodore Cook, FB Cook 2002 Trust, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels. (Aguirre, Gary) (jdt).
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Filing 167
NOTICE of Appearance and Request for Notice by Thomas Eben Ladegaard on behalf of ICONIK BUILDERS, INC. (Ladegaard, Thomas)Attorney Thomas Eben Ladegaard added to party ICONIK BUILDERS, INC.(pty:ip) (jdt).
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Filing 166
ORDER GRANTING #98 Motion to Approve Sale of Real Property Located at 132 Keller Street Free and Clear of Mechanic's Lien; and SETTING DEADLINE for Receiver to File Proposed Distribution of Portion of Sale Proceeds to Receivership. Receiver's supplemental request, if any, to approve distribution of some portion of sale proceeds to receivership (as requested by oral motion during 12/5/2019 hearing) due by 12/18/2019. Signed by Magistrate Judge Allison H. Goddard on 12/13/2019. (kxm)
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Filing 165
MOTION for Order for (A) Approval of Sale of Rancho Mirage Property; and (B) Authority to Pay Broker's Commission by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 164
ORDER (1) Setting Briefing Schedule and Hearing on Property Sale Motions; and (2) Setting Deadline to File Proposed Procedures Governing All Future Property Sale Motions (ECF Nos. #148 , #150 ). The Court will hold a hearing on these property sale motions before Magistrate Judge Allison H. Goddard on 1/24/2020 at 3:30 PM in Courtroom 3B. At the hearing, the Court will also hear oral argument on any additional property sale motions filed by Receiver on or before 12/27/2019. Responses are due on or before 1/10/2020. Replies are due on or before 1/17/2020. The Court orders the Receiver to file a proposal for Property Sale Procedures that will govern all future sales of receivership assets and all ancillary relief sought in connection therewith. The Receiver shall have until 1/3/2020 to file the proposed procedures. Any objections must be filed by 1/10/2020, and the Receiver's Reply, if any, must be filed by 1/17/2020. Signed by Magistrate Judge Allison H. Goddard on 12/11/2019. (jdt)
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Filing 163
ORDER Granting Receiver's Motion to Approve Sale of Real Property Located at 1617 Thomas Avenue(ECF No. #100 ). Signed by Magistrate Judge Allison H. Goddard on 12/11/2019. (jdt)
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Filing 162
ORDER Granting Receiver's Motion to Approve Sale of Real Property Located at 4205 Lamont Street, #12 (ECF No. #84 ). Signed by Magistrate Judge Allison H. Goddard on 12/11/2019. (jdt)
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Filing 161
NON Opposition re #157 Joint MOTION Regarding Use of Funds From Chicago Title Escrow Account filed by Gina Champion-Cain. (Machala, Angela) (jdt).
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Filing 160
ORDER Approving Limited Consent to Magistrate Judge for Motions to Approve Sales of Receivership Assets. Signed by Chief Judge Larry Alan Burns on 12/10/2019.(jdt)
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Filing 159
ORDER Permitting Objections to Joint Motion Regarding Use of Funds From Chicago Title Company Escrow Account; and Reminder to All Counsel and Parties. Any objections to the joint motion regarding the use of funds from the Chicago Title Company escrow account (Docket no. #157 ) should be filed in the docket by 12/17/2019. Signed by Chief Judge Larry Alan Burns on 12/10/2019. (jdt)
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Filing 158
NOTICE of Appearance and Request for Notice by James Patrick Armstrong on behalf of Wakefield Capital, LLC, Wakefield Investments, LLC, 2Budz Holding, LLC, Doug Heidrich, Kristine Heidrich, Jeff Orr, Heidi Orr (Armstrong, James)Attorney James Patrick Armstrong added to party Wakefield Capital, LLC(pty:ip), Attorney James Patrick Armstrong added to party Wakefield Investments, LLC(pty:ip), Attorney James Patrick Armstrong added to party 2Budz Holding, LLC(pty:ip), Attorney James Patrick Armstrong added to party Doug Heidrich(pty:ip), Attorney James Patrick Armstrong added to party Kristine Heidrich(pty:ip), Attorney James Patrick Armstrong added to party Jeff Orr(pty:ip), Attorney James Patrick Armstrong added to party Heidi Orr(pty:ip) (jdt).
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Filing 157
Joint MOTION Regarding Use of Funds From Chicago Title Escrow Account by Brant Benun, Deanna P. Bernsen, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Brian Chou, Kristin E. Conner, Rick L. Conner, Brian Cooper, Amy R. Dorman, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Ardith Harris, Marvin Harris, Jessica F. Harrison, Thomas D. Harrison, Dawn A. Holman, Peter R. Holman, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Gwen E. Schvimmer, Matthew A. Schvimmer, Kenneth Serio, Babak Shakib, Kenneth Stock, Jean Ann Hemingway, Wendy Huge, Marlene Asch, Lester Asch, Richard Burns, Lianne Compton, Viktor Cox, Matthew Goldstone, Kay Hansen, Scott Hansen, Rakesh Jain, Meenakshi Jain, David Marks, Rajbir Sandhu, Miriam Frances Sells, Andrew Jay Sells, Jaianand Sethee, Satendra Sethee, Tejinder Sethee, David Sider, James St. John, Michael Tacelosky, Brian Toupin, Rikki Toupin. (Caldarelli, William)Attorney William J. Caldarelli added to party Jean Ann Hemingway (pty:ip), Attorney William J. Caldarelli added to party Wendy Huge(pty:ip), Attorney William J. Caldarelli added to party Marlene Asch(pty:ip), Attorney William J. Caldarelli added to party Lester Asch(pty:ip), Attorney William J. Caldarelli added to party Richard Burns(pty:ip), Attorney William J. Caldarelli added to party Lianne Compton(pty:ip), Attorney William J. Caldarelli added to party Viktor Cox(pty:ip), Attorney William J. Caldarelli added to party Matthew Goldstone(pty:ip), Attorney William J. Caldarelli added to party Kay Hansen(pty:ip), Attorney William J. Caldarelli added to party Scott Hansen(pty:ip), Attorney William J. Caldarelli added to party Rakesh Jain(pty:pla), Attorney William J. Caldarelli added to party Meenakshi Jain(pty:ip), Attorney William J. Caldarelli added to party David Marks(pty:ip), Attorney William J. Caldarelli added to party Rajbir Sandhu(pty:ip), Attorney William J. Caldarelli added to party Miriam Frances Sells(pty:ip), Attorney William J. Caldarelli added to party Andrew Jay Sells(pty:ip), Attorney William J. Caldarelli added to party Jaianand Sethee(pty:ip), Attorney William J. Caldarelli added to party Satendra Sethee(pty:ip), Attorney William J. Caldarelli added to party Tejinder Sethee(pty:ip), Attorney William J. Caldarelli added to party David Sider(pty:ip), Attorney William J. Caldarelli added to party James St. John(pty:ip), Attorney William J. Caldarelli added to party Michael Tacelosky(pty:ip), Attorney William J. Caldarelli added to party Brian Toupin(pty:ip), Attorney William J. Caldarelli added to party Rikki Toupin(pty:ip) (jdt).
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Filing 156
Joint MOTION for Order to Approve Limited Consent to Magistrate Judge for Motions to Approve Sales of Receivership Assets by Krista Freitag. (Fates, Edward) (jdt).
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Filing 155
ORDER Denying Motion to Appear Telephonically as Moot (ECF No. #152 ). Signed by Magistrate Judge Allison H. Goddard on 12/6/2019. (jdt)
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Filing 154
Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Motion Hearing held on 12/5/2019 re #84 MOTION for Order for (A) Approval of Sale of Real Property Located at 4205 Lamont Street, #12; and (B) Authority to Pay Broker's Commission MOTION for Order for (B) Authority to Pay Broker's Commission filed by Krista Freitag, #98 MOTION for Order (A) Approving Sale of Real Property Located at 132 Keller Street Free and Clear of Mechanic's Lien; and (B) Authorizing Payment of Broker's Commission filed by Krista Freitag, #100 MOTION for Order for (A) Approval of Sale of Real Property Located at 1617 Thomas Avenue; and (B) Authority to Pay Broker's Commission filed by Krista Freitag. Report and Recommendations to Issue. (Court Reporter/ECR Liberty Court Recorder).(Plaintiff Attorney Kathryn Wanner). (Defendant Attorney Miranda Lievsay for Defendant Gina Champion-Cain (Telephonic)). (Other: Receiver Krista Freitag; Attorney for Receiver Ted Fates; Benjamin Galdston for Plaintiffs in Related Case No. 3:19-cv-02129-LAB-AHG, Allred et al. v. Chicago Title Company et al.; Attorneys for Interested Non-Parties: Edward Schroeder for Adam Lewis Construction, Inc.; Alex Pilmer for Ovation Finance Holdings, LLC (Telephonic); Edward Vogel for Axos Bank; George Lazar for First Choice Bank; John Stephens for CalPrivate Bank). (no document attached) (kxm)
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Filing 153
ORDER Authorizing Hiring of Agents and Brokers; and ORDER of Reference for Property Sales Motions. All motions to authorize sales of Defendants' property are referred to Magistrate Judge Allison Goddard for report and recommendation. Any hearings on motions currently set to be heard by the undersigned judge are vacated, and should be reset so as to be heard by Judge Goddard. Signed by Chief Judge Larry Alan Burns on 12/5/2019. (jdt)
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Filing 152
Ex Parte MOTION for Order Permitting Defendant to Appear Telephonically by Gina Champion-Cain. (Scheper, David). Modified on 12/5/2019 to note this motion is associated with the hearing as to #98 MOTION for Order (jdt).
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Filing 151
ORDER Granting Motion for Leave to Appear Telephonically (ECF No. #149 ). The Court further orders Mr. Pilmer to join the call 10 minutes prior to the hearing, at 1:20 PM, to ensure any potential technical difficulties can be timely addressed and resolved. Signed by Magistrate Judge Allison H. Goddard on 12/4/2019. (jdt)
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Filing 150
MOTION for Order for Authority to (A) Engage Licensed Auctioneer, (B) Utilize Liquor License Broker to Sell Liquor Licenses, and (C) Sell Personal Property by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 149
Ex Parte MOTION for Leave to Appear to Telephonically Appear at December 5, 2019 Hearing by Non-Party Creditor Ovation Finance Holdings 2 LLC. (Attachments: #1 Declaration of R. Alexander Pilmer in Support of Non-Party Creditor Ovation Finance Holdings 2 LLC's Unopposed Ex Parte Application for an Order to Telephonically Appear at Hearing, #2 Exhibit A - Correspondence)(Pilmer, Robert) (jdt).
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Filing 148
MOTION for Order for (A) Approval of Sale of Real Property Located at 805 Brighton Court; and (B) Authority to Pay Broker's Commission by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward) (jdt).
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Filing 147
NOTICE OF CHANGE OF COURTROOM FOR DECEMBER 5, 2019 HEARING. The Court resets the upcoming hearing on the Receiver's Motion for Order Approving Sale of Real Property Located at 4205 Lamont Street, #12 and Authorizing Payment of Broker's Commission (ECF No. #84 ) in Courtroom 15A in the James M. Carter and Judith N. Keep United States Courthouse, located at 333 West Broadway, San Diego, California 92101. The hearing date and time of December 5, 2019 at 1:30 PM remain unchanged. Signed by Magistrate Judge Allison H. Goddard on 12/3/2019. (jdt)
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Filing 146
Joint MOTION for Protective Order Regarding Investor Contact Information by Securities and Exchange Commission. (Attachments: #1 Declaration of Kathryn C. Wanner)(Wanner, Kathryn) (jdt).
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Filing 145
ORDER granting #142 Motion for Leave to Appear Telephonically. Counsel shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to appear for the December 5, 2019 hearing. Oral argument from counsel for Defendant Gina Champion-Cain will not be permitted. Signed by Magistrate Judge Allison H. Goddard on 12/3/2019. (kxm)
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Filing 144
CERTIFICATE OF SERVICE by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels, Scott Porter Rev Living Trust re #143 MOTION to Withdraw as Attorney (Aguirre, Gary) (jdt).
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Filing 143
MOTION to Withdraw as Attorney by Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, M. Joan Porter, Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Glenna Cook, Kelly Cook, Theodore Cook, Jr, Theodore Cook, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Debra Horn, Jan Horn, Robin Horn, Taylor Horn, Maureen Horn, Randy Horn, Horn Family Trust, Horn Family Trust dated February 9, 1998, Horn Family Trust dated September 15, 2016, Randolph Levin, Roberta Mariani, Scott Porter, Porter Revocable Trust, Steven Samuels, Scott Porter Rev Living Trust. (Attachments: #1 Declaration)(Aguirre, Gary) (jdt).
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Filing 142
MOTION for Leave to Appear Telephonically by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 141
REPLY - Other re #131 Declaration, #130 Notice (Other) Receiver's Reply to Statement of Position of Axos Bank f/k/a Federal Bank re Sale of Property at 1617 Thomas Avenue filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 140
REPLY to Response to Motion re #98 MOTION for Order (A) Approving Sale of Real Property Located at 132 Keller Street Free and Clear of Mechanic's Lien; and (B) Authorizing Payment of Broker's Commission filed by Krista Freitag. (Attachments: #1 Declaration of Ted Fates (with Exhibit A))(Fates, Edward) (jdt).
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Filing 139
ORDER: (1) Granting Motion to Appear Telephonically; (2) Waiving Chambers Rule Prohibiting Oral Argument by Telephone; and (3) Denying Withdrawn Version of Motion as Moot (ECF Nos. #136 , #138 ). Signed by Magistrate Judge Allison H. Goddard on 12/2/2019. (jdt)
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Filing 138
MOTION for Leave to Appear Telephonic by Adam Lewis. (Attachments: #1 Proof of Service)(Schroeder, Edward) (jdt).
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Filing 137
NOTICE OF WITHDRAWAL OF DOCUMENT by Adam Lewis re #136 MOTION for Leave to Appear telephonic filed by Adam Lewis . (Attachments: #1 Proof of Service)(Schroeder, Edward) (jdt).
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Filing 136
***WITHDRAWN per ECF #137 *** MOTION for Leave to Appear telephonic by Adam Lewis. (Schroeder, Edward) QC mailer sent re incorrect s/; atty to withdraw and refile (jrm). Modified on 12/2/2019 to withdraw (jdt).
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Filing 135
MINUTE ORDER. Per the Court's November 15, 2019 #113 Minute Order, Chief Judge Burns may refer matters regarding the proposed sale and management of properties and assets and the allocation of proceeds from such sales to Judge Goddard for a Report and Recommendation ("R&R"). Therefore, all interested parties are hereby NOTIFIED that during the upcoming 12/05/2019 hearing on #84 Motion for Order for Approval of Sale of Real Property Located at 4205 Lamont Street, #12 and Authority to Pay Broker's Commission, Judge Goddard will permit oral argument on the other pending property sale motions, namely: #98 Motion for Order Approving Sale of Real Property Located at 132 Keller Street Free and Clear of Mechanic's Lien and Authorizing Payment of Broker's Commission; and #100 Motion for Order for Approval of Sale of Real Property Located at 1617 Thomas Avenue and Authority to Pay Broker's Commission. Please refer to Judge Goddard's #86 Order Setting Briefing Schedule and Hearing on Motion for further information on the hearing. The parties should not understand this Minute Order to indicate that either the 132 Keller Street or 1617 Thomas Avenue Motions has been formally referred for an R&R. Signed by Magistrate Judge Allison H. Goddard on 11/26/2019. (no document attached) (kxm)
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Filing 134
REPLY to Response to Motion re #89 MOTION to Intervene filed by Merit Financial, Inc.. (Attachments: #1 Declaration OF ILAN AWERBUCH IN SUPPORT OF CONSOLIDATED REPLY BY MERIT FINANCIAL, INC. TO THE SEC'S AND RECIVER'S OPPOSITION TO MERIT FINANCIL, INC.'S MOTION TO INTERVENE)(Martinez, Amy). Modified on 11/26/2019 - QC email re all-caps type (jdt).
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Filing 133
CERTIFICATE OF SERVICE by Axos Bank re #131 Declaration, #130 Notice (Other) (Brunette, Richard) (jdt).
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Filing 132
REPLY to Response to Motion re #84 MOTION for Order for (A) Approval of Sale of Real Property Located at 4205 Lamont Street, #12; and (B) Authority to Pay Broker's Commission MOTION for Order for (B) Authority to Pay Broker's Commission filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 131
DECLARATION re #130 Notice (Other) Declaration of Erik Bowen Re Sale of 1617 Thomas Avenue Property by Creditor Axos Bank. (Attachments: #1 Exhibits to Bowen Declaration)(Brunette, Richard) (jdt).
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Filing 130
NOTICE Statement of Position of Axos Bank f/k/a BOFI Federal Bank Regarding Sale of Property at 1617 Thomas Avenue by Axos Bank, Axos Bank (Brunette, Richard)Attorney Richard Wallace Brunette, Jr added to party Axos Bank(pty:cr) (jdt).
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Filing 129
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 11/18/2019 before Judge Larry Alan Burns. Court Reporter/Transcriber: Cynthia R. Ott. 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 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (akr)
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Filing 128
RESPONSE in Opposition re #98 MOTION for Order (A) Approving Sale of Real Property Located at 132 Keller Street Free and Clear of Mechanic's Lien; and (B) Authorizing Payment of Broker's Commission filed by Adam Lewis. (Attachments: #1 Declaration)(Schroeder, Edward) (jdt).
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Filing 127
ORDER Adopting in Part and Modifying Report and Recommendation on Motion for Order to Show Cause Re: Civil Contempt; and Deferring Other Recommendations. Signed by Chief Judge Larry Alan Burns on 11/22/2019. (jdt)
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Filing 126
ORDER Granting in Part #76 Motion for Order in Aid of Receivership. Signed by Chief Judge Larry Alan Burns on 11/19/2019. (jdt)
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Filing 125
NOTICE of Appearance by Edward C. Schroeder, Jr on behalf of Adam Lewis (Schroeder, Edward)Attorney Edward C. Schroeder, Jr added to party Adam Lewis(pty:cr) (jdt).
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Filing 124
RESPONSE in Opposition re #84 MOTION for Order for (A) Approval of Sale of Real Property Located at 4205 Lamont Street, #12; and (B) Authority to Pay Broker's Commission MOTION for Order for (B) Authority to Pay Broker's Commission (Limited Opposition) filed by First Choice Bank. (Attachments: #1 Declaration of Sandra Sheffield, #2 Exh. A (Note) to Declaration, #3 Exh. B (Guarantee) to Declaration, #4 Exh. C (Deed of Trust) to Declaration)(Lazar, George) (jdt).
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Filing 123
ORDER Striking CWC Casa Del Zorro, LLC From Order (1) Freezing Assets; (2) Requiring Accountings; (3) Prohibiting the Destruction of Documents; and (4) Appointing a Permanent Receiver. The joint motion for an Order Striking CWC Casa del Zorro, LLC from the Court's Preliminary Injunction Order and Order (Dkt. No. #6 , the "Appointment Order") is granted. Signed by Chief Judge Larry Alan Burns on 11/21/2019. (jdt)
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Filing 122
MINUTE ORDER. Pending before the Court are three motions for leave to intervene. (Docket nos. #62 , #89 , #114 .) The motions are all closely related, and the Court finds these appropriate for decision without oral argument. The hearings on all three motions are vacated, but the Court may reset a hearing if appropriate after reviewing briefing on the third motion. This order does not affect the briefing schedule of the third motion. Until intervention is granted or denied, would-be intervenors may continue to file briefing. Signed by Chief Judge Larry Alan Burns on 11/21/2019. (jdt)
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Filing 121
ANSWER to #1 Complaint, by Gina Champion-Cain.(Scheper, David) (jdt).
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Filing 120
NOTICE of Non-Receipt of Qualified Overbids by Krista Freitag re #84 MOTION for Order for (A) Approval of Sale of Real Property Located at 4205 Lamont Street, #12; and (B) Authority to Pay Broker's Commission MOTION for Order for (B) Authority to Pay Broker's Commission (Fates, Edward) (jdt).
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Filing 119
Minute Entry for proceedings held before Chief Judge Larry Alan Burns: Motion Hearing held on 11/18/20 addressing the issues of the hiring of counsel, brokers, auctioneers, and others needed to carry out the business of the receivership, as well as the method of notice to investors, creditors, and other interested persons; possible changes to the preliminary injunction, as argued in the briefing; other urgent issues relating to the receivership. Court to issue order.(Court Reporter/ECR Cynthia Ott). (Attorneys Kathryn Wanner; Edward Fates; Angela Machala (telephonic); Gary Aguirre; William Caldarelli; Phil Hosp; Alex Pilner; Steven Strauss; Benjamin Galdston; Michael Kirby; George Lazar; John Stephens). (no document attached) (tlw)
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Filing 118
RESPONSE in Opposition re #89 MOTION to Intervene filed by Krista Freitag. (Attachments: #1 Declaration of Krista L. Freitag)(Fates, Edward) (mme).
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Filing 117
RESPONSE in Opposition re #89 MOTION to Intervene filed by Securities and Exchange Commission. (Wanner, Kathryn) (mme).
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Filing 115
NOTICE of Appearance by Gary J Aguirre on behalf of Bonnie Averbuch, Brian Averbuch, Cassie Averbuch, Martin Averbuch, Megan Averbuch, Philip Averbuch, Rosa Averbuch, Linda Azzara, Kelly Cook, Theodore Cook, Theodore Cook, Jr, FB Cook 2002 Trust, Glenna Cook, GKK Holdings, LLC, Nancy Heldt, Barry Horn, Horn Family Trust dated September 15, 2016, Debra Horn, Jan Horn, Horn Family Trust, Maureen Horn, Horn Family Trust dated February 9, 1998, Randy Horn, Robin Horn, Taylor Horn, Marjorie Kaplowitz, Michael Kaplowitz, Richard Kaplowitz, Randolph Levin, Roberta Mariani, Porter Revocable Trust, M. Joan Porter, Scott Porter Rev Living Trust, Scott Porter, Steven Samuels (Aguirre, Gary)Attorney Gary J Aguirre added to party Bonnie Averbuch(pty:ip), Attorney Gary J Aguirre added to party Brian Averbuch(pty:ip), Attorney Gary J Aguirre added to party Cassie Averbuch(pty:ip), Attorney Gary J Aguirre added to party Martin Averbuch(pty:ip), Attorney Gary J Aguirre added to party Megan Averbuch(pty:ip), Attorney Gary J Aguirre added to party Philip Averbuch(pty:ip), Attorney Gary J Aguirre added to party Rosa Averbuch(pty:ip), Attorney Gary J Aguirre added to party Linda Azzara(pty:ip), Attorney Gary J Aguirre added to party Kelly Cook(pty:ip), Attorney Gary J Aguirre added to party Theodore Cook(pty:ip), Attorney Gary J Aguirre added to party Theodore Cook, Jr(pty:ip), Attorney Gary J Aguirre added to party FB Cook 2002 Trust(pty:ip), Attorney Gary J Aguirre added to party Glenna Cook(pty:ip), Attorney Gary J Aguirre added to party GKK Holdings, LLC(pty:ip), Attorney Gary J Aguirre added to party Nancy Heldt(pty:ip), Attorney Gary J Aguirre added to party Barry Horn(pty:ip), Attorney Gary J Aguirre added to party Horn Family Trust dated September 15, 2016(pty:ip), Attorney Gary J Aguirre added to party Debra Horn(pty:ip), Attorney Gary J Aguirre added to party Jan Horn(pty:ip), Attorney Gary J Aguirre added to party Horn Family Trust(pty:ip), Attorney Gary J Aguirre added to party Maureen Horn (pty:ip), Attorney Gary J Aguirre added to party Horn Family Trust dated February 9, 1998(pty:ip), Attorney Gary J Aguirre added to party Randy Horn (pty:ip), Attorney Gary J Aguirre added to party Robin Horn(pty:ip), Attorney Gary J Aguirre added to party Taylor Horn(pty:ip), Attorney Gary J Aguirre added to party Marjorie Kaplowitz(pty:ip), Attorney Gary J Aguirre added to party Michael Kaplowitz(pty:ip), Attorney Gary J Aguirre added to party Richard Kaplowitz(pty:ip), Attorney Gary J Aguirre added to party Randolph Levin(pty:ip), Attorney Gary J Aguirre added to party Roberta Mariani(pty:ip), Attorney Gary J Aguirre added to party Porter Revocable Trust(pty:ip), Attorney Gary J Aguirre added to party M. Joan Porter(pty:ip), Attorney Gary J Aguirre added to party Scott Porter Rev Living Trust(pty:ip), Attorney Gary J Aguirre added to party Scott Porter(pty:ip), Attorney Gary J Aguirre added to party Steven Samuels(pty:ip) (jdt).
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Filing 116
MINUTE ORDER. Although several parties expressed interest in appearing telephonically, only Defendant Gina Champion-Cain filed a motion to do so. Her motion is granted. Her counsel should call the courtroom deputy at (619) 557-6038 and provide a phone number (preferably a landline) where they can be reached. The Court will initiate the call to Champion-Cain's counsel. Signed by Chief Judge Larry Alan Burns on 11/15/2019. (jdt)
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Filing 114
MOTION to Intervene by Non-Party Secured Creditor American National Life Insurance Company of New York, Non-party Secured Creditor American National Insurance Company. (Attachments: #1 Memo of Points and Authorities In Support of Proposed Intervenors Motion to Intervene, #2 Exhibit A to Proposed Intervenors Motion to Intervene, #3 Exhibit 1 to Complaint in Intervention, #4 Exhibit 2 to Complaint in Intervention, #5 Exhibit 3 to Complaint in Intervention, #6 Exhibit 4 to Complaint in Intervention, #7 Exhibit 5 to Complaint in Intervention, #8 Exhibit 6 to Complaint in Intervention, #9 Exhibit 7 to Complaint in Intervention, #10 Exhibit 8 to Complaint in Intervention, #11 Exhibit 9 to Complaint in Intervention, #12 Exhibit 10 to Complaint in Intervention, #13 Exhibit 11 to Complaint in Intervention, #14 Exhibit 12 to Complaint in Intervention, #15 Exhibit 13 to Complaint in Intervention, #16 Exhibit 14 to Complaint in Intervention, #17 Exhibit 15 to Complaint in Intervention, #18 Exhibit 16 to Complaint in Intervention, #19 Exhibit 17 to Complaint in Intervention)(Hosp, F.) (jdt).
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Filing 113
MINUTE ORDER. At the hearing on the Receiver's motion in aid of receivership Docket no. #76 ) on calendar for Monday, 11/18/2019 at 11:15 a.m., the Court intends to address the issues of the hiring of counsel, brokers, auctioneers, and others needed to carry out the business of the receivership, as well as the method of notice to investors, creditors, and other interested persons. The Court intends to address possible changes to the preliminary injunction, as argued in the briefing. The Court will also address other urgent issues relating to the receivership. The Court does not intend to revisit the appointment of the Receiver or the imposition of a receivership, or to hear argument on other pending motions. The Court has allocated no more than one hour for the hearing and may set time limits as necessary. The Court intends to hear from the Receiver first, followed by opposition to the Receiver's motion. Parties and interested non-parties should consider the best method of presenting their key points succinctly, bearing in mind that their time may be very limited. Counsel representing clients with similar interests should confer amongst themselves as appropriate to avoid unnecessary reiteration of the same points. The Court is inclined to refer certain other matters to Magistrate Judge Allison Goddard to take evidence, if necessary, and to submit to this Court a Report and Recommendation with her findings and recommendations, with regard to the proposed sale and management of properties and assets and the allocation of proceeds from such sales. To the extent a party or interested non-party wishes to be heard regarding the general method of managing or selling assets, the management or sale of particular assets, or the proper handling of funds, the matter would fall within the order of reference to Judge Goddard. Parties seeking leave to intervene may appear at the hearing; they need not wait for leave to be granted. Signed by Chief Judge Larry Alan Burns on 11/15/2019. (jdt)
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Filing 112
Ex Parte MOTION for an Order Permitting Defendant to Telephonically Appear at Hearing by Gina Champion-Cain. (Machala, Angela) (jdt).
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Filing 111
ORDER Regarding Telephonic Appearances. Signed by Chief Judge Larry Alan Burns on 11/13/2019. (jdt)
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Filing 110
NOTICE Of Intent to Appear at Hearing by Chicago Title Company re #76 MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. (Strauss, Steven) (jdt).
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Filing 109
Joint MOTION to Strike CWC Casa del Zorro, LLC from Order (1) Freezing Assets; (2) Requiring Accountings; (3) Prohibiting the Destruction of Documents; and (4) Appointing a Permanent Receiver (Dkt. No. 6.) by Securities and Exchange Commission. (Wanner, Kathryn) (jdt).
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Filing 108
REPLY to Response to Motion re #76 MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. filed by Krista Freitag. (Attachments: #1 Exhibit A)(Fates, Edward) (jdt).
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Filing 107
NOTICE OF RELATED CASE(S) by Blake E. Allred of case(s) 19-2129 . (Galdston, Benjamin). Modified on 11/12/2019 - QC email: incorrect judge in caption. No refile (jdt).
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Filing 106
NOTICE of Appearance by Benjamin Galdston on behalf of Blake E. Allred (Galdston, Benjamin)Attorney Benjamin Galdston added to party Blake E. Allred(pty:ip) (jdt).
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Filing 105
MINUTE ORDER. Currently on calendar for Tuesday, 11/12/2019 at 11:15 a.m. is a hearing on the motion to intervene (Docket no. #62 ). Because of a conflict in the Court's calendar, this hearing is vacated. The Court will reset the hearing if appropriate, but otherwise the matter will be deemed submitted on the papers and the Court will issue an order. No appearances will be required in this case on 11/12/2019. Signed by Chief Judge Larry Alan Burns on 11/6/2019. (jdt)
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Filing 104
REQUEST FOR JUDICIAL NOTICE by Bryan S Edelman, Mychal D Edelman, Robert P Edelman re #103 Reply - Other, (Attachments: #1 Exhibit, #2 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 103
REPLY - Other re #62 MOTION to Intervene , #96 Response in Opposition to Motion, #102 Reply - Other, Reply to Receivers Opposition to Investors Bryan S. Edelmans, Mychal D. Edelmans and Robert P. Edelmans Motion to Intervene filed by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 102
REPLY - Other re #62 MOTION to Intervene , #95 Response in Opposition to Motion, Reply to SECs Opposition to Investors Bryan S. Edelmans, Mychal D. Edelmans and Robert P. Edelmans Motion to Intervene filed by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 101
RESPONSE in Opposition re #76 MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. filed by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proof of Service)(Aguirre, Gary) (jdt).
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Filing 100
MOTION for Order for (A) Approval of Sale of Real Property Located at 1617 Thomas Avenue; and (B) Authority to Pay Broker's Commission by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit)(Fates, Edward) (jdt).
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Filing 99
RESPONSE in Opposition re #76 MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. filed by Non-Party Secured Creditor American National Life Insurance Company of New York, Non-party Secured Creditor American National Insurance Company. (Attachments: #1 Declaration In support of Response and Objection to Motion for Order in Aid of Receivership, #2 Exhibit Honcock Promissory Note, #3 Exhibit Hancock Deed of Trust, #4 Exhibit Hancock ALR, #5 Exhibit Hancock Guaranty, #6 Exhibit Mission Promissory Note, #7 Exhibit Mission Deed of Trust, #8 Exhibit Mission ALR, #9 Exhibit Mission Guaranty, #10 Exhibit LA Mesa Promissory Note, #11 Exhibit La Mesa Deed of Trust, #12 Exhibit La Mesa ALR, #13 Exhibit La Mesa Guaranty, #14 Exhibit Notice of Default (3515 Hancock Street, LLC), #15 Exhibit Notice of Default (La Mesa Ventures 1, LLC), #16 Exhibit Notice of Default (3768 Mission Blvd))(Hosp, F.) (jdt).
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Filing 98
MOTION for Order (A) Approving Sale of Real Property Located at 132 Keller Street Free and Clear of Mechanic's Lien; and (B) Authorizing Payment of Broker's Commission by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A, #4 Proof of Service)(Fates, Edward) (jdt).
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Filing 97
NOTICE of Change of Address by David Charles Scheper (Scheper, David) (jdt).
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Filing 96
RESPONSE in Opposition re #62 MOTION to Intervene filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 95
RESPONSE in Opposition re #62 MOTION to Intervene filed by Securities and Exchange Commission. (Attachments: #1 Declaration of Kathryn C. Wanner, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Wanner, Kathryn) (jdt).
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Filing 94
NOTICE of Appearance by Nathaniel Edward Haas on behalf of Non-Party Creditor Ovation Finance Holdings 2 LLC (Haas, Nathaniel)Attorney Nathaniel Edward Haas added to party Non-Party Creditor Ovation Finance Holdings 2 LLC(pty:cr) (jdt).
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Filing 93
NOTICE of Appearance by Saghar Esfandiarifard on behalf of Non-Party Creditor Ovation Finance Holdings 2 LLC (Esfandiarifard, Saghar)Attorney Saghar Esfandiarifard added to party Non-Party Creditor Ovation Finance Holdings 2 LLC(pty:cr) (jdt).
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Filing 92
NOTICE OF RELATED CASE(S) by Non-Party Creditor Banc of California, Non-Party Creditor Ovation Finance Holdings 2 LLC of case(s) 3:19-cv-02031-GPC-KSC . (Attachments: #1 Attachment A to Non-Parties Ovation Finance Holdings 2 LLC, Ovation Fund Management II, LLC and Banc of California, N.A.'s Notice of Filing its Notice of Related Case Pursuant to L.R. 40.1(f) in Docket No. 3:19-cv-02031-GPC-KSC)(Shipley, Michael) (jdt).
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Filing 91
NOTICE of Appearance and Request for Notice by Sean T. Prosser on behalf of Watermiser Manufacturing Company, TPC Capital, LLC, Desert Lake Advisors, Inc., Tina Leakakos, Mark Atherton, Bruce W. Ennis, Steven L. Shaw, John L. Gabele, Bob Evatt, John Ross, Cornerstone Real Estate, Bruce Smith (Prosser, Sean)Attorney Sean T. Prosser added to party Watermiser Manufacturing Company(pty:ip), Attorney Sean T. Prosser added to party TPC Capital, LLC(pty:ip), Attorney Sean T. Prosser added to party Desert Lake Advisors, Inc.(pty:ip), Attorney Sean T. Prosser added to party Tina Leakakos(pty:ip), Attorney Sean T. Prosser added to party Mark Atherton(pty:ip), Attorney Sean T. Prosser added to party Bruce W. Ennis(pty:ip), Attorney Sean T. Prosser added to party Steven L. Shaw(pty:ip), Attorney Sean T. Prosser added to party John L. Gabele(pty:ip), Attorney Sean T. Prosser added to party Bob Evatt (pty:ip), Attorney Sean T. Prosser added to party John Ross(pty:ip), Attorney Sean T. Prosser added to party Cornerstone Real Estate(pty:ip), Attorney Sean T. Prosser added to party Bruce Smith(pty:ip) (jdt).
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Filing 90
NOTICE of Appearance and Request for Notice by Ali M. Mojdehi on behalf of LAudace, LLC, Malekkhosravi Trust, Nima Malekkhosravi, The Weiler-Moore Family Trust, ABPS LLC (Mojdehi, Ali)Attorney Ali M. Mojdehi added to party LAudace, LLC(pty:ip), Attorney Ali M. Mojdehi added to party Malekkhosravi Trust(pty:ip), Attorney Ali M. Mojdehi added to party Nima Malekkhosravi(pty:ip), Attorney Ali M. Mojdehi added to party The Weiler-Moore Family Trust(pty:ip), Attorney Ali M. Mojdehi added to party ABPS LLC(pty:ip) (jdt).
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Filing 89
MOTION to Intervene by Merit Financial, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Motion to Intervene, #2 Declaration of Ilan Awerbuch ISO of Merit Financial's Mtn to Intervene, #3 Index of Exhibits, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(Martinez, Amy). Modified on 10/23/2019 to remove duplicative text (jdt).
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Filing 88
ORDER Granting Joint Motion for Extension of Time to Answer (Dkt. #87 ). Defendant shall answer or otherwise respond to the complaint by 11/20/2019. Signed by Chief Judge Larry Alan Burns on 10/22/2019. (jdt)
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Filing 87
Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 86
ORDER Setting Briefing Schedule and Hearing on Motion (ECF No. #84 ). Any response in opposition to Receiver's Motion is due on or before 11/18/2019. Receiver's reply is due on or before 11/25/2019. The Court will hold a hearing on the Motion on 12/5/2019 at 1:30 PM in Courtroom 5D before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 10/16/2019. (jdt)
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Filing 85
NOTICE of Appearance by William J. Caldarelli on behalf of Brant Benun, Deanna P. Bernsen, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Brian Chou, Kristin E. Conner, Rick L. Conner, Brian Cooper, Amy R. Dorman, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Ardith Harris, Marvin Harris, Jessica F. Harrison, Thomas D. Harrison, Dawn A. Holman, Peter R. Holman, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Gwen E. Schvimmer, Matthew A. Schvimmer, Kenneth Serio, Babak Shakib, Kenneth Stock (Caldarelli, William) (jdt).
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Filing 84
MOTION for Order for (A) Approval of Sale of Real Property Located at 4205 Lamont Street, #12; and (B) Authority to Pay Broker's Commission by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Krista L. Freitag, #3 Exhibit A)(Fates, Edward). Added MOTION for Order for (B) Authority to Pay Broker's Commission on 10/15/2019. (jdt).
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Filing 83
REPLY - Other re #74 Objection, Non-Party Creditor Ovation Finance Holdings 2 LLC's Reply to Objections of Chicago Title Company to Report and Recommendation Dated September 26, 2019 filed by Non-Party Creditor Ovation Finance Holdings 2 LLC. (Shipley, Michael) (jdt).
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Filing 82
NOTICE of Appearance by Mark C. Holscher on behalf of Non-Party Creditor Ovation Finance Holdings 2 LLC (Holscher, Mark)Attorney Mark C. Holscher added to party Non-Party Creditor Ovation Finance Holdings 2 LLC(pty:cr) (jdt).
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Filing 81
RESPONSE to Motion re #76 MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. filed by Brant Benun, Deanna P. Bernsen, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Brian Chou, Kristin E. Conner, Rick L. Conner, Brian Cooper, Amy R. Dorman, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Ardith Harris, Marvin Harris, Jessica F. Harrison, Thomas D. Harrison, Dawn A. Holman, Peter R. Holman, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Gwen E. Schvimmer, Matthew A. Schvimmer, Kenneth Serio, Babak Shakib, Kenneth Stock. (Attachments: #1 Declaration of John C. Edwards, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Caldarelli, William) (jdt).
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Filing 80
REPLY - Other re #74 Objection, #75 Objection, #72 Objection to Report and Recommendation filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 79
NOTICE of Hearing by Krista Freitag re #76 MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. (Attachments: #1 Proof of Service)(Fates, Edward) (jdt).
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Filing 78
NOTICE of Appearance and Request for Notice by Non-party Secured Creditor American National Insurance Company, Non-Party Secured Creditor American National Life Insurance Company of New York (Hosp, F.)Attorney F. Phillip Hosp added to party Non-party Secured Creditor American National Insurance Company(pty:cr), Attorney F. Phillip Hosp added to party Non-Party Secured Creditor American National Life Insurance Company of New York(pty:cr) (jdt).
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Filing 77
NOTICE of Appearance by Randall R. Lee on behalf of Chicago Title Company (Lee, Randall)Attorney Randall R. Lee added to party Chicago Title Company(pty:dft) (jdt).
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Filing 76
MOTION for Order in Aid of Receivership; Receiver's Verified Initial Report, Recommendations, and Petition for Further Instructions Pursuant to Local Rule 66.1.e. by Krista Freitag. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Fates, Edward)(jrm).
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Filing 75
OBJECTION by Bryan S Edelman, Mychal D Edelman, Robert P Edelman re #54 REPORT AND RECOMMENDATION re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Krista Freitag (Attachments: #1 Proof of Service)(Aguirre, Gary) (jrm).
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Filing 74
OBJECTION by Chicago Title Company re #54 REPORT AND RECOMMENDATION re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Krista Freitag . (Attachments: #1 Declaration of Steven M. Strauss, #2 Exhibit A to Strauss Decl., #3 Exhibit B to Strauss Decl., #4 Exhibit C to Strauss Decl.)(Strauss, Steven) (jrm).
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Filing 73
NOTICE of Appearance and Request for Notice by Michele Sabo Assayag on behalf of Pacific Premier Bank (Assayag, Michele)Attorney Michele Sabo Assayag added to party Pacific Premier Bank(pty:cr) (jrm).
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Filing 72
Objection to Report and Recommendation re #54 REPORT AND RECOMMENDATION re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Krista Freitag filed by Marc Shular. (Attachments: #1 Proof of Service)(Kirby, Michael) (jrm).
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Filing 71
REPLY - Other re #63 NOTICE Request for Judicial Notice re #62 MOTION to Intervene , #66 Ex Parte MOTION for Order Expediting and Scheduling Hearing and Briefing on Motion to Intervene re #62 MOTION to Intervene , #62 MOTION to Intervene , #70 Response in Opposition to Motion, #68 Response in Opposition to Motion, in Ex Parte Application filed by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Proof of Service)(Aguirre, Gary) (jrm).
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Filing 70
RESPONSE in Opposition re #66 Ex Parte MOTION for Order Expediting and Scheduling Hearing and Briefing on Motion to Intervene re #62 MOTION to Intervene filed by Krista Freitag. (Fates, Edward) (jdt).
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Filing 69
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Order to Show Cause) held on 9/25/2019 before Magistrate Judge Allison H. Goddard. Court Reporter/Transcriber: Cynthia R. Ott. 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 10/22/2019. Redacted Transcript Deadline set for 11/1/2019. Release of Transcript Restriction set for 12/30/2019. (akr)
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Filing 68
RESPONSE in Opposition re #66 Ex Parte MOTION for Order Expediting and Scheduling Hearing and Briefing on Motion to Intervene re #62 MOTION to Intervene filed by Securities and Exchange Commission. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Wanner, Kathryn) (jdt).
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Filing 67
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (In Chambers Hearing) held on 9/16/2019 before Judge Marilyn L. Huff. Court Reporter/Transcriber: Echo Reporting. 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 10/22/2019. Redacted Transcript Deadline set for 11/1/2019. Release of Transcript Restriction set for 12/30/2019. (akr)
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Filing 66
Ex Parte MOTION for Order Expediting and Scheduling Hearing and Briefing on Motion to Intervene re #62 MOTION to Intervene by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Declaration of Gary J. Aguirre, #2 Exhibit 1 to Aguirre Declaration, #3 Exhibit 2 to Aguirre Declaration, #4 Exhibit 3 to Aguirre Declaration, #5 Exhibit 4 to Aguirre Declaration, #6 Exhibit 5 to Aguirre Declaration, #7 Proof of Service)(Aguirre, Gary). Modified on 10/1/2019 - QC email sent re attached proposed order. No refile. Removed duplicative docket text (jdt).
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Filing 65
NOTICE of Appearance and Request for Notice by John H. Stephens on behalf of CALPRIVATE BANK (Attachments: #1 Proof of Service)(Stephens, John)Attorney John H. Stephens added to party CALPRIVATE BANK(pty:ip). Modified on 10/1/2019 to remove duplicative text (jdt).
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Filing 64
NOTICE of Appearance by Juan Carlos Fox on behalf of Non-Party Creditor MP1 RFE, LLC (Fox, Juan)Attorney Juan Carlos Fox added to party Non-Party Creditor MP1 RFE, LLC(pty:cr) (jdt).
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Filing 63
NOTICE Request for Judicial Notice re #62 MOTION to Intervene by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Aguirre, Gary). Modified on 9/30/2019 - QC email: Incorrect event. Terminated motion and judge association. Edited text to correct event (jdt).
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Filing 62
MOTION to Intervene by Bryan S Edelman, Mychal D Edelman, Robert P Edelman. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Declaration, #5 Proof of Service)(Aguirre, Gary)Attorney Gary J Aguirre added to party Bryan S Edelman(pty:ip), Attorney Gary J Aguirre added to party Mychal D Edelman(pty:ip), Attorney Gary J Aguirre added to party Robert P Edelman(pty:ip) (jdt).
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Filing 61
NOTICE of Appearance by Juan Carlos Fox on behalf of Non-Party Creditor Rancho Pacific Management (Fox, Juan)Attorney Juan Carlos Fox added to party Non-Party Creditor Rancho Pacific Management(pty:cr) (jdt).
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Filing 60
ORDER Granting #53 Joint Motion for Extension of Time. Defendant answer due 10/21/2019. Signed by Chief Judge Larry Alan Burns on 9/27/2019. (jdt)
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Filing 59
NOTICE of Appearance and Request for Notices by Amy Elizabeth Martinez on behalf of Merit Financial, Inc. (Martinez, Amy) (jdt).
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Filing 58
NOTICE OF WITHDRAWAL OF DOCUMENT by Merit Financial, Inc. re #52 Notice of Appearance, filed by Merit Financial, Inc. . (Martinez, Amy) (jdt).
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Filing 57
NOTICE of Appearance of Counsel by Dean Alan Ziehl on behalf of Non-Party Creditor Banc of California (Ziehl, Dean)Attorney Dean Alan Ziehl added to party Non-Party Creditor Banc of California(pty:cr) (jdt).
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Filing 56
NOTICE of Appearance by Steven Blake on behalf of BMR-Axiom LP (Attachments: #1 Proof of Service)(Blake, Steven)Attorney Steven Blake added to party BMR-Axiom LP(pty:ip)(jdt).
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Filing 54
REPORT AND RECOMMENDATION (ECF No. #15 ). It is recommended that the Court issue an Order: (1) approving and adopting this Report and Recommendation; (2) granting the Receiver's Ex Parte Application for an Order to Show Cause why Chicago Title Company Should not be Held in Civil Contempt (ECF No. #15 ), and holding Chicago Title Company in civil contempt for violating Sections V, X, and XIII of the Appointment Order (ECF No. #6 ); (3) ordering Chicago Title Company to comply immediately with the Receiver's request to turn over all funds in Account No. XXXX2122, held in the name of Defendant ANI Development, LLC; and (4) issuing civil contempt sanctions. Objections to R&R due by 10/3/2019. Replies due by 10/10/2019. Signed by Magistrate Judge Allison H. Goddard on 9/26/2019. (jdt)
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Filing 55
Minute Order for proceedings held before Magistrate Judge Allison H. Goddard: Motion Hearing held on 9/25/2019 re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Krista Freitag. (ECR Liberty Court Recorder). (Plaintiff Attorneys Kathryn Wanner, Gary Y. Leung, Jr., and Alec Johnson).(Defendant Champion-Cain Attorney Angela Machala (telephonic)).(Michael Farrell and Edward Fates for Movant Krista Freitag, Receiver; Steven Strauss and Megan Donohue for Respondent Chicago Title Company; William Calderelli for interested non-parties Brant Benun et al.; Michael Kirby for interested non-party Marc Shular; John Stephens for interested non-party CalPrivate Bank; Michael J. Shipley and R. Alexander Pilmer for interested non-party Ovation Finance Holdings, LLC, Randolph Levin for unidentified interested non-party investors, and Heather Stern for interested non-party Symetra Life Insurance Company (telephonic)). (no document attached) (kxm) Modified text to include time of recording on 9/27/2019 (tkl).9:49-10:52
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Filing 53
MOTION for Extension of Time to File Answer re #1 Complaint, by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 52
***WITHDRAWN per ECF #58 *** NOTICE of Appearance of Paul J. Sievers, Esq. on Behalf of Merit Financial, Inc. and Request for Notices by Amy Elizabeth Martinez on behalf of Merit Financial, Inc. (Martinez, Amy)Attorney Amy Elizabeth Martinez added to party Merit Financial, Inc.(pty:ip) Modified on 9/26/2019 - Incorrect filer. Sent QC email instruction to w/d and refile (jdt). Modified on 9/30/2019 to withdraw (jdt).
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Filing 51
NOTICE of Appearance by Dean T Kirby, Jr on behalf of Seattle Funding Group of California, LLC, SFG Income Fund VI, LLC (Attachments: #1 Proof of Service)(Kirby, Dean)Attorney Dean T Kirby, Jr added to party Seattle Funding Group of California, LLC(pty:ip), Attorney Dean T Kirby, Jr added to party SFG Income Fund VI, LLC(pty:ip). Modified on 9/25/2019 - Sent QC email reminder re: s/ by nonregistered user (jdt).
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Filing 50
RESPONSE re 27 Order Setting Briefing Schedule, Order Setting Hearing on Motion, filed by Non-Party Creditor Ovation Finance Holdings 2 LLC. (Attachments: #1 Declaration of Troy Ritter in Support of Non-Party Creditor Ovation Finance Holdings 2 LLC's Opposition to Extension of Antisuit Injunction to Chicago Title Company with Exhibit Index, #2 Exhibit 1 to the Declaration of Troy Ritter, #3 Exhibit 2 to the Declaration of Troy Ritter, #4 Exhibit 3 to the Declaration of Troy Ritter)(Shipley, Michael) (jdt).
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Filing 49
NOTICE of Appearance by Robert Alexander Pilmer on behalf of Non-Party Creditor Ovation Finance Holdings 2 LLC (Pilmer, Robert)Attorney Robert Alexander Pilmer added to party Non-Party Creditor Ovation Finance Holdings 2 LLC(pty:cr). Modified on 9/25/2019 - Sent QC email reminder about template. No refile (jdt).
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Filing 48
NOTICE of Appearance by Michael Shipley on behalf of Non-Party Creditor Ovation Finance Holdings 2 LLC (Shipley, Michael)Attorney Michael Shipley added to party Non-Party Creditor Ovation Finance Holdings 2 LLC(pty:cr). Modified on 9/25/2019 - Sent QC email reminder about template. No refile (jdt).
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Filing 47
ORDER Granting #36 Joint Motion for Order Unfreezing Certain Accounts. The Accounts (as defined in the Joint Motion) shall be unfrozen and all $14,301.21 of funds contained therein shall be immediately turned over to the Receiver. Signed by Chief Judge Larry Alan Burns on 9/24/2019. (jdt)
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Filing 46
RESPONSE in Support re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Securities and Exchange Commission. (Wanner, Kathryn) (jdt).
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Filing 45
RESPONSE in Support re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Krista Freitag. (Farrell, Michael) (jdt).
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Filing 44
NOTICE of Appearance (Supplemental) by William J. Caldarelli on behalf of Irma Nazareno, Noel Nazareno (Caldarelli, William) (jdt).
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Filing 43
ORDER Granting in Part and Denying in Part #28 Joint Motion for Extension of Time; and Order Vacating Hearing on Receivership. The request for a 30-day extension is denied. In order to give the parties time to file a renewed motion, and to avoid a default, the Court grants an extension until 9/27/2019. The status conference currently set for 10/7/2019 is vacated. Signed by Chief Judge Larry Alan Burns on 9/23/2019. (jdt)
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Filing 42
ORDER granting #39 Motion for Leave to Appear Telephonically; granting #30 Motion for Leave to Appear Telephonically. To appear telephonically, counsel must call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code. Any further motions to appear telephonically due by 9/24/2019 at 12:00 PM. Signed by Magistrate Judge Allison H. Goddard on 09/23/2019. (kxm)
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Filing 41
RESPONSE in Opposition re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Marc Shular. (Attachments: #1 Proof of Service)(Kirby, Michael) (jdt).
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Filing 40
RESPONSE to Motion re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Brant Benun, Deanna P. Bernsen, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Brian Chou, Kristin E. Conner, Rick L. Conner, Brian Cooper, Amy R. Dorman, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Ardith Harris, Marvin Harris, Jessica F. Harrison, Thomas D. Harrison, Dawn A. Holman, Peter R. Holman, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Gwen E. Schvimmer, Matthew A. Schvimmer, Kenneth Serio, Babak Shakib, Marc Shular, Kenneth Stock. (Attachments: #1 Declaration of John C. Edwards in Support of Statement)(Caldarelli, William). (jdt).
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Filing 39
MOTION for Leave to Appear Telephonically at Hearing of September 25, 2019 by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 38
NOTICE of Appearance and Request for Notice by William J. Caldarelli on behalf of Brant Benun, Deanna P. Bernsen, Steven I. Bernsen, Robert Blum, Michael Brock, Marc Brown, Brian Chou, Kristin E. Conner, Rick L. Conner, Brian Cooper, Amy R. Dorman, Matthew L. Dorman, John C. Edwards, Shana M. Edwards, Ann Geva, Eylon Geva, Michael Geva, Ardith Harris, Marvin Harris, Jessica F. Harrison, Thomas D. Harrison, Dawn A. Holman, Peter R. Holman, Randi Klee, Richard Klee, Michael Lincoln, Richard Lincoln, Enrique Lombrozo, Viviana Lombrozo, Ronald Marks, James S. Matheson, Arne C. Mortensen, Jonalee M. Mortensen, Irma Nazareno, Noel Nazareno, Thomas Ramet, Gwen E. Schvimmer, Matthew A. Schvimmer, Kenneth Serio, Babak Shakib, Kenneth Stock (Caldarelli, William)Attorney William J. Caldarelli added to party Brant Benun(pty:ip), Attorney William J. Caldarelli added to party Deanna P. Bernsen(pty:ip), Attorney William J. Caldarelli added to party Steven I. Bernsen(pty:ip), Attorney William J. Caldarelli added to party Robert Blum(pty:ip), Attorney William J. Caldarelli added to party Michael Brock(pty:ip), Attorney William J. Caldarelli added to party Marc Brown(pty:ip), Attorney William J. Caldarelli added to party Brian Chou(pty:ip), Attorney William J. Caldarelli added to party Kristin E. Conner(pty:ip), Attorney William J. Caldarelli added to party Rick L. Conner(pty:ip), Attorney William J. Caldarelli added to party Brian Cooper(pty:ip), Attorney William J. Caldarelli added to party Amy R. Dorman(pty:ip), Attorney William J. Caldarelli added to party Matthew L. Dorman(pty:ip), Attorney William J. Caldarelli added to party John C. Edwards(pty:ip), Attorney William J. Caldarelli added to party Shana M. Edwards(pty:ip), Attorney William J. Caldarelli added to party Ann Geva(pty:ip), Attorney William J. Caldarelli added to party Eylon Geva(pty:ip), Attorney William J. Caldarelli added to party Michael Geva(pty:ip), Attorney William J. Caldarelli added to party Ardith Harris(pty:ip), Attorney William J. Caldarelli added to party Marvin Harris(pty:ip), Attorney William J. Caldarelli added to party Jessica F. Harrison(pty:ip), Attorney William J. Caldarelli added to party Thomas D. Harrison(pty:ip), Attorney William J. Caldarelli added to party Dawn A. Holman(pty:ip), Attorney William J. Caldarelli added to party Peter R. Holman(pty:ip), Attorney William J. Caldarelli added to party Randi Klee(pty:ip), Attorney William J. Caldarelli added to party Richard Klee(pty:ip), Attorney William J. Caldarelli added to party Michael Lincoln(pty:ip), Attorney William J. Caldarelli added to party Richard Lincoln(pty:ip), Attorney William J. Caldarelli added to party Enrique Lombrozo(pty:ip), Attorney William J. Caldarelli added to party Viviana Lombrozo(pty:ip), Attorney William J. Caldarelli added to party Ronald Marks(pty:ip), Attorney William J. Caldarelli added to party James S. Matheson(pty:ip), Attorney William J. Caldarelli added to party Arne C. Mortensen(pty:ip), Attorney William J. Caldarelli added to party Jonalee M. Mortensen(pty:ip), Attorney William J. Caldarelli added to party Irma Nazareno(pty:ip), Attorney William J. Caldarelli added to party Noel Nazareno(pty:ip), Attorney William J. Caldarelli added to party Thomas Ramet(pty:ip), Attorney William J. Caldarelli added to party Gwen E. Schvimmer(pty:ip), Attorney William J. Caldarelli added to party Matthew A. Schvimmer(pty:ip), Attorney William J. Caldarelli added to party Kenneth Serio(pty:ip), Attorney William J. Caldarelli added to party Babak Shakib(pty:ip), Attorney William J. Caldarelli added to party Kenneth Stock(pty:ip) (jdt).
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Filing 37
NOTICE of Appearance by Michael L Kirby on behalf of Marc Shular (Attachments: #1 Proof of Service)(Kirby, Michael)Attorney Michael L Kirby added to party Marc Shular(pty:misc) (jdt).
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Filing 36
Joint MOTION for Order Unfreezing Certain Accounts of Defendant Gina Champion-Cain and Directing Turnover of the Funds Therein to the Receiver by Krista Freitag. (Fates, Edward) (jdt).
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Filing 35
RESPONSE to Motion re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Gina Champion-Cain. (Scheper, David). Modified on 9/23/2019 - Sent QC email reminder re s/ by nonregistered user (jdt).
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Filing 34
RESPONSE in Opposition re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by Chicago Title Company. (Attachments: #1 Declaration Steven M. Strauss, #2 Certificate of Service)(Strauss, Steven). Modified on 9/23/2019 - Missing hearing date and time. Sent QC email reminder. No refile (jdt).
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Filing 33
NOTICE of Appearance by Stuart Alexander Johnson on behalf of Securities and Exchange Commission (Attachments: #1 Proof of Service)(Johnson, Stuart)Attorney Stuart Alexander Johnson added to party Securities and Exchange Commission(pty:pla). Modified on 9/23/2019 - Improper format, incorrect judge initials. Sent QC email reminder; no refile (jdt).
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Filing 32
NOTICE of Appearance by Gary Y. Leung, Jr on behalf of Securities and Exchange Commission (Attachments: #1 Proof of Service)(Leung, Gary)Attorney Gary Y. Leung, Jr added to party Securities and Exchange Commission(pty:pla). Modified on 9/23/2019 - Improper format, incorrect judge initials. Sent QC email reminder. No refile (jdt).
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Filing 31
RESPONSE in Opposition re #15 Ex Parte MOTION for Order to Show Cause re: Contempt filed by CALPRIVATE BANK. (Attachments: #1 Declaration of Rick Sowers In Support of CalPrivate Bank's Response to Receiver's Ex Parte Application for Order to Show Cause Why Chicago Title Company Should Not Be Held In Civil Contempt, #2 Proof of Service)(Barry, Everett). Modified on 9/23/2019 - Removed duplicative docket text. Missing hearing date and time. Sent QC email reminder. No refile (jdt).
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Filing 30
MOTION for Leave to Appear Appear Telephonically at Hearing by Symetra Life Insurance Company. (Stern, Heather) Modified on 9/23/2019 - Sent QC email re s/ on Proof of Service. No refile (jdt).
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Filing 29
NOTICE of Appearance by Megan L. Donohue on behalf of Chicago Title Company (Donohue, Megan)Attorney Megan L. Donohue added to party Chicago Title Company(pty:dft) (jdt).
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Filing 28
Joint MOTION for Extension of Time to File Answer re #1 Complaint, by More Than 30 Days by Gina Champion-Cain. (Scheper, David) (jdt).
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Filing 27
MINUTE ORDER Setting Briefing Schedule re #15 Ex Parte MOTION for Order to Show Cause re: Contempt. Response from Chicago Title Company due by 9/20/2019; Reply due by 9/24/2019. Defendants Gina Champion-Cain, ANI Development, LLC, and American National Investments, Inc. may, but need not, file a Response to the Motion by the same 9/20/2019 deadline. Motion Hearing set for 9/25/2019 at 09:30 AM in Courtroom 3B before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 09/17/2019.(no document attached) (kxm)
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Filing 26
ORDER OF REFERENCE. The ex parte motion by receiver Krista Freitag (Docket No. #15 ) and all related matters are referred to Magistrate Judge Allison Goddard for a report and recommendation. Signed by Chief Judge Larry Alan Burns on 9/17/2019. Motions set before Allison H. Goddard. (jdt)
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Filing 25
NOTICE of Appearance and Request for Notice (Corrected) by George C. Lazar on behalf of First Choice Bank (Lazar, George) Modified on 9/17/2019 - Sent QC email reminder re: judge's initials. No refile (jdt).
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Filing 24
NOTICE of Appearance and Request for Notice by George C. Lazar on behalf of First Choice Bank (Lazar, George)Attorney George C. Lazar added to party First Choice Bank(pty:ip) (jdt).
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Filing 23
ORDER OF JUDGE TRANSFER. This case is transferred from the calendar of the Honorable Barbara L. Major to the calendar of the Honorable Allison H. Goddard for all further proceedings. All conferences or hearing dates previously set before Judge Major will remain as scheduled and will be before Judge Goddard. All dates set before any district judge remain unchanged. The new case number is 19cv1628-LAB-AHG. Signed by Magistrate Judge Barbara Lynn Major on 9/16/2019. (jah)
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Filing 22
SEALED LODGED Proposed Document re: #21 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Scheper, David) (dlg).
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Filing 21
MOTION to File Documents Under Seal (Scheper, David) (dlg).
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Filing 20
NOTICE of Appearance and Request for Notice by Mariel Gerlt-Ferraro on behalf of Symetra Life Insurance Company (Gerlt-Ferraro, Mariel)Attorney Mariel Gerlt-Ferraro added to party Symetra Life Insurance Company(pty:ip). Modified on 9/16/2019 - Sent QC email reminder re change in judges (jdt).
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Filing 19
Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Status Hearing held on 9/16/2019. After hearing from the parties, the Court has determined that there is a conflict of interest in this case. Accordingly, the Court recuses from this case and directs the Clerk to randomly reassign this matter to another district judge. Case has been randomly reassigned to Chief Judge Larry Alan Burns for all further proceedings. Judge Marilyn L. Huff is no longer assigned to case. The new case number is 19-cv-1628-LAB-BLM. All pending hearing dates before Judge Marilyn L. Huff are vacated. The parties are to contact the Chambers of Chief Judge Larry Alan Burns to obtain a hearing date on pending matters. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Kathryn Colleen Wanner). (Defendant Attorneys Steven M. Strauss; Randall R. Lee). (Receiver Attorneys Michael R. Farrell; Edward G. Fates). (Interested Party Attorneys Kelly Ann Tran (CalPrivate Bank); Heather Stern (Symetra Life Insurance Company); Michael Kirby (Mark Schumer)). (no document attached) (smy)
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Filing 18
NOTICE of Appearance of Counsel by Michael R. Farrell on behalf of Krista Freitag (Farrell, Michael)Attorney Michael R. Farrell added to party Krista Freitag(pty:rc) Modified on 9/16/2019 - Sent QC email re format, judge's initials. No refile (jdt).
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Filing 17
Minute ORDER: Order setting telephonic hearing for September 16, 2019 at 2:30 PM regarding the Receiver's motion for order to show cause why Chicago Title Company should not be held in civil contempt. The hearing is not on the merits for the motion. The hearing is solely to address potential conflict issues and the request for an expedited hearing. Anyone who wishes to participate shall provide their telephone numbers to efile_huff@casd.uscourts.gov. The Court will initiate the call. SO ORDERED by Judge Marilyn L. Huff on 9/16/2019. (no document attached) (smy)
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Filing 16
NOTICE of Appearance by Steven M Strauss on behalf of Chicago Title Company (Strauss, Steven)Attorney Steven M Strauss added to party Chicago Title Company(pty:dft) Modified on 9/16/2019 - Sent QC email reminder re format, judges' initials. No refile (jdt).
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Filing 15
Ex Parte MOTION Order to Show Cause re: Contempt by Krista Freitag. (Attachments: #1 Declaration of Krista L. Freitag, #2 Declaration of Michael R. Farrell)(Zaro, David). Modified on 9/16/2019 - Wrong event. Corrected motion event jah).
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Filing 14
NOTICE of Appearance by Heather Elizabeth Stern on behalf of Symetra Life Insurance Company (Stern, Heather).Attorney Heather Elizabeth Stern added to party Symetra Life Insurance Company(pty:ip). Modified on 9/13/2019 - QC Email sent for Attys Sorich and Gerlt-Ferraro to file own appearances per L.R. 83.3 and GO 550 (jah).
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Filing 13
NOTICE of Appearance by David R. Zaro on behalf of Krista Freitag (Attachments: #1 Proof of Service)(Zaro, David). Attorney David R. Zaro added to party Krista Freitag(pty:rc). (jah).
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Filing 12
NOTICE of Appearance by Edward G Fates on behalf of Krista Freitag (Attachments: #1 Proof of Service)(Fates, Edward).Attorney Edward G Fates added to party Krista Freitag(pty:rc). (jah).
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Filing 11
ORDER Regarding Request for Expedited Hearing Date. Due to request by Counsel for the Receiver for an expedited hearing date for a motion to show cause for contempt, Court orders: Counsel for the Receiver must enter an appearance on the Courts docket. Counsel for the Receiver should file the Motion without a hearing date so Court can evaluate the need, if any, for an expedited hearing. In the Motion, Receiver's Counsel must explain the involvement, if any, of CALPRIVATE Bank #10 as it was not listed in the Court's Order granting Joint Motion and Stipulation Request by All Parties for a Preliminary Injunction #6 . Signed by Judge Marilyn L. Huff on 9/12/2019. (jah)
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Filing 10
NOTICE of Appearance by Everett G Barry, Jr on behalf of CALPRIVATE BANK (Attachments: #1 Proof of Service)(Barry, Everett). Attorney Everett G Barry, Jr added to party CALPRIVATE BANK (pty:ip). (jah).
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Filing 9
SUMMONS Returned Executed by Securities and Exchange Commission. American National Investments, Inc. served. (Wanner, Kathryn). (jah).
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Filing 8
SUMMONS Returned Executed by Securities and Exchange Commission. ANI Development, LLC served. (Wanner, Kathryn)
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Filing 7
SUMMONS Returned Executed by Securities and Exchange Commission. Gina Champion-Cain served. (Wanner, Kathryn). (jah).
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Filing 6
ORDER granting #2 Joint Motion for Preliminary Injunction. It is ordered that, except as otherwise ordered by Court, an immediate freeze shall be placed on all monies and assets in all accounts at any bank, financial institution or brokerage firm or third-payment payment processor, all certificates of deposit, and other funds or assets, held in the name of, for the benefit of, or over which account authority is held by Defendants Champion-Cain and ANI Development, Relief Defendant American National Investments, and/or all of their subsidiaries and affiliates. The account held jointly in the name of Steven Cain and Gina Champion-Cain at Wells Fargo, and funded in part by Steven Cain's separate salary, shall be excepted from the freeze on all monies and assets, in only the respect outlined in this Order. An immediate freeze shall be placed on the title of the properties listed in this Order, which shall not be mortgaged, transferred, or otherwise hypothecated. Krista L. Freitag is appointed as permanent receiver of Defendant ANI Development and Relief Defendant American National Investments and their subsidiaries and affiliates. Court shall retain jurisdiction for the purpose of implementing and carrying out the terms of all orders and decrees which may be entered herein. Status Conference concerning the receivership set for 10/7/2019 10:30 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 9/3/2019. (jah)
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Filing 5
NOTICE of Appearance by David Charles Scheper on behalf of Gina Champion-Cain (Scheper, David). Attorney David Charles Scheper added to party Gina Champion-Cain (pty:dft). Modified on 9/3/2019 - Removed duplicate text (jah).
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Filing 4
NOTICE of Appearance by Gina Champion-Cain (Machala, Angela). Attorney Angela Marie Machala added to party Gina Champion-Cain(pty:dft). Modified on 9/3/2019 - wrong event. QC Email sent. Corrected text (jah).
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Filing 3
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd)
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Filing 2
MOTION for Preliminary Injunction by Securities and Exchange Commission. (smd)
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Filing 1
COMPLAINT against ANI Development, LLC, American National Investments, Inc., Gina Champion-Cain filed by Securities and Exchange Commission (No Fee Required). (Attachments: #1 Civil Cover Sheet, #2 Plaintiff's Recommendation)The new case number is 3:19-cv-1628-H-BLM. Judge Marilyn L. Huff and Magistrate Judge Barbara Lynn Major are assigned to the case. (Wanner, Kathryn)(smd) (sjt).
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