Freitag v. Peterson et al
Kim Management, Inc., Aero Drive, LLC, KIM H. PETERSON as Trustee of the Peterson Family Trust dated April 14, 1992, Kim H. Peterson as Trustee of the Peterson Family Trust dated September 29, 1983 and ANI License Fund, LLC |
Krista Freitag |
Kim H. Peterson, Kim Funding, LLC, ABC Funding Strategies, LLC, ABC Funding Strategies Management, LLC, Kim Media, LLC, Kim Aviation, LLC, Aero Drive Three, LLC, Baltimore Drive, LLC, George Palmer Corporation, Kim Funding LLC Defined Benefit Pension Plan and Does 1 through 10 |
3:2021cv01620 |
September 15, 2021 |
US District Court for the Southern District of California |
Roger T Benitez |
Larry Alan Burns |
Allison H Goddard |
Andrew G Schopler |
Other Fraud |
28 U.S.C. § 1367 Other Property Damage |
Defendant |
Docket Report
This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 58 ORDER Vacating Mandatory Settlement Conference. Signed by Magistrate Judge Allison H. Goddard on 10/5/2023.(rmc) |
Filing 57 NOTICE of Withdrawal of Counterclaim by Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983) re #54 Answer to Amended Complaint, Counterclaim, (Mulvaney, Jessica) (rmc). |
Filing 56 ORDER Granting #55 Second Joint Motion to Continue Mandatory Settlement Conference. The MSC is hereby continued to 10/11/2023 at 9:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 7/21/2023. (rmc) |
Filing 55 Joint MOTION to Continue Settlement Conference by ABC Funding Strategies Management, LLC, ABC Funding Strategies, LLC, Aero Drive Three, LLC, Aero Drive, LLC, Baltimore Drive, LLC, George Palmer Corporation, Kim Aviation, LLC, Kim Funding LLC Defined Benefit Pension Plan, Kim Funding, LLC, Kim Management, Inc., Kim Media, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992), Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983), Kim H. Peterson(as Trustee of the Peterson Family Trust dated September 29, 1983). (Attachments: #1 Declaration Declaration of Philip C. Tencer in Support of Joint Motion to Continue Settlement Conference)(Tencer, Philip)Attorney Philip C. Tencer added to party ABC Funding Strategies Management, LLC(pty:dft) (rmc). |
Filing 54 ANSWER to #51 Amended Complaint , COUNTERCLAIM against Krista Freitag by Aero Drive Three, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992), Kim Media, LLC, George Palmer Corporation, ABC Funding Strategies Management, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated September 29, 1983), Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983), Kim Aviation, LLC, Baltimore Drive, LLC, Does 1 through 10, Kim Funding LLC Defined Benefit Pension Plan, ANI License Fund, LLC, Kim Management, Inc., Kim Funding, LLC, Aero Drive, LLC, ABC Funding Strategies, LLC.(Mulvaney, Jessica)Attorney Jessica Mulvaney added to party ABC Funding Strategies Management, LLC(pty:dft), Attorney Jessica Mulvaney added to party ABC Funding Strategies, LLC(pty:dft), Attorney Jessica Mulvaney added to party ANI License Fund, LLC(pty:dft), Attorney Jessica Mulvaney added to party Aero Drive Three, LLC(pty:dft), Attorney Jessica Mulvaney added to party Aero Drive, LLC(pty:dft), Attorney Jessica Mulvaney added to party Baltimore Drive, LLC(pty:dft), Attorney Jessica Mulvaney added to party Does 1 through 10(pty:dft), Attorney Jessica Mulvaney added to party George Palmer Corporation(pty:dft), Attorney Jessica Mulvaney added to party Kim Aviation, LLC(pty:dft), Attorney Jessica Mulvaney added to party Kim Funding LLC Defined Benefit Pension Plan(pty:dft), Attorney Jessica Mulvaney added to party Kim Management, Inc.(pty:dft), Attorney Jessica Mulvaney added to party Kim Media, LLC(pty:dft), Attorney Jessica Mulvaney added to party Kim H. Peterson(pty:dft), Attorney Jessica Mulvaney added to party Kim H. Peterson(pty:dft) (rmc). |
Filing 53 ORDER Granting #52 Joint Motion to Continue Mandatory SettlementConference and Modifying MSC to Take Place via Videoconference. The MSC is hereby continued to July 26, 2023 at 9:30 a.m. before Magistrate Judge Allison H. Goddard. Additionally, the MSC is hereby modified to take place via videoconference for all attendees. Signed by Magistrate Judge Allison H. Goddard on 6/2/2023. (rmc) |
Filing 52 Joint MOTION to Continue Settlement Conference by ABC Funding Strategies, LLC, Aero Drive Three, LLC, Aero Drive, LLC, Baltimore Drive, LLC, George Palmer Corporation, Kim Aviation, LLC, Kim Funding LLC Defined Benefit Pension Plan, Kim Funding, LLC, Kim Management, Inc., Kim Media, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992), Kim H. Peterson(as Trustee of the Peterson Family Trust dated September 29, 1983), Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983). (Attachments: #1 Declaration Declaration of Philip C. Tencer in Support of Joint Motion to Continue Settlement Conference)(Tencer, Philip)Attorney Philip C. Tencer added to party ABC Funding Strategies, LLC(pty:dft), Attorney Philip C. Tencer added to party Aero Drive Three, LLC(pty:dft), Attorney Philip C. Tencer added to party Aero Drive, LLC(pty:dft), Attorney Philip C. Tencer added to party Baltimore Drive, LLC(pty:dft), Attorney Philip C. Tencer added to party George Palmer Corporation(pty:dft), Attorney Philip C. Tencer added to party Kim Aviation, LLC(pty:dft), Attorney Philip C. Tencer added to party Kim Funding LLC Defined Benefit Pension Plan(pty:dft), Attorney Philip C. Tencer added to party Kim Management, Inc.(pty:dft), Attorney Philip C. Tencer added to party Kim Media, LLC(pty:dft), Attorney Philip C. Tencer added to party Kim H. Peterson(pty:dft), Attorney Philip C. Tencer added to party Kim H. Peterson(pty:dft) |
Filing 51 AMENDED COMPLAINT - Second Amended Complaint (with Exhibits A through O) against All Defendants, filed by Krista Freitag. (Pham, Matthew) (rmc). |
Filing 50 Amended Scheduling Order Granting in Part and Denying in Part #49 the Parties' Joint Motion for Order Granting Leave to Amend Complaint, Setting Answer Deadline, and Amending Scheduling Order. Signed by Magistrate Judge Allison H. Goddard on 4/25/2023. (rmc) |
Filing 49 Joint MOTION for Order (a) Granting Receiver Leave to Amend Complaint, (b) Setting Deadline for Defendants to Respond to Amended Complaint, and (c) Amending Scheduling Order by Krista Freitag. (Fates, Edward) (jms). |
Filing 48 NOTICE of Appearance of Counsel by Miles D Grant on behalf of ABC Funding Strategies Management, LLC, ABC Funding Strategies, LLC, ANI License Fund, LLC, Aero Drive Three, LLC, Aero Drive, LLC, Baltimore Drive, LLC, George Palmer Corporation, Kim Aviation, LLC, Kim Funding LLC Defined Benefit Pension Plan, Kim Funding, LLC, Kim Management, Inc., Kim Media, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992), Kim H. Peterson(as Trustee of the Peterson Family Trust dated September 29, 1983), Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983) (Grant, Miles) (jms). |
Filing 47 SCHEDULING ORDER Regulating Discovery and Other Pretrial Proceedings: Mandatory Settlement Conference set for 6/9/2023 09:30 AM before Magistrate Judge Allison H. Goddard. Proposed Pretrial Order due by 8/7/2023. Final Pretrial Conference set for 8/14/2023 12:00 PM before Judge Larry Alan Burns. Signed by Magistrate Judge Allison H. Goddard on 8/1/2022.(jms) |
Filing 46 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Case Management Conference held on 8/1/2022. Scheduling Order to issue. (Plaintiff Attorney Ted Fates). (Defendant Attorney Miles Grant). (no document attached) (kxm) |
Filing 45 NOTICE of Party With Financial Interest by ABC Funding Strategies Management, LLC, ABC Funding Strategies, LLC, ANI License Fund, LLC, Aero Drive Three, LLC, Aero Drive, LLC, Baltimore Drive, LLC, George Palmer Corporation, Kim Aviation, LLC, Kim Funding LLC Defined Benefit Pension Plan, Kim Funding, LLC, Kim Management, Inc., Kim Media, LLC . No Parties With Financial Interest. (Kessler, Alexander) (jms). |
Filing 44 STATUS REPORT - Joint Case Management Statement by Krista Freitag. (Pham, Matthew) (jms). |
Filing 43 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Brown, Seanna) QC mail sent re missing fee (rmc). |
Filing 42 ORDER Setting Case Management Conference (Case Management Conference set for 8/1/2022 09:00 AM before Magistrate Judge Allison H. Goddard) Signed by Magistrate Judge Allison H. Goddard on 7/12/2022.(jms) |
Filing 41 All Named Defendants ANSWER to #36 Amended Complaint by Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992), Aero Drive Three, LLC, Kim Media, LLC, George Palmer Corporation, ABC Funding Strategies Management, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated September 29, 1983), Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983), Kim Aviation, LLC, Baltimore Drive, LLC, Does 1 through 10, Kim Funding LLC Defined Benefit Pension Plan, ANI License Fund, LLC, Kim Management, Inc., Kim Funding, LLC, Aero Drive, LLC, ABC Funding Strategies, LLC.(Grant, Miles)Attorney Miles D Grant added to party ABC Funding Strategies Management, LLC(pty:dft), Attorney Miles D Grant added to party ABC Funding Strategies, LLC(pty:dft), Attorney Miles D Grant added to party ANI License Fund, LLC(pty:dft), Attorney Miles D Grant added to party Aero Drive Three, LLC(pty:dft), Attorney Miles D Grant added to party Aero Drive, LLC(pty:dft), Attorney Miles D Grant added to party Baltimore Drive, LLC(pty:dft), Attorney Miles D Grant added to party Does 1 through 10(pty:dft), Attorney Miles D Grant added to party George Palmer Corporation(pty:dft), Attorney Miles D Grant added to party Kim Aviation, LLC(pty:dft), Attorney Miles D Grant added to party Kim Funding LLC Defined Benefit Pension Plan(pty:dft), Attorney Miles D Grant added to party Kim Management, Inc.(pty:dft), Attorney Miles D Grant added to party Kim Media, LLC(pty:dft), Attorney Miles D Grant added to party Kim H. Peterson(pty:dft), Attorney Miles D Grant added to party Kim H. Peterson(pty:dft) (jms). |
Filing 40 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference held on 6/1/2022. The case did not settle. The Court will set another ENE by separate order and will continue discussing settlement with the parties in the meantime. (Plaintiff Attorney Ted Fates). (Defendant Attorneys Phil Tencer, Miles Grant, and Amy Vanderwal). (no document attached) (kxm) |
Filing 39 NOTICE of Appearance Jessica L. Mulvaney by Philip C. Tencer on behalf of Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992) (Tencer, Philip) (fth). |
Filing 38 NOTICE of Appearance Philip C. Tencer by Philip C. Tencer on behalf of Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992) (Tencer, Philip)Attorney Philip C. Tencer added to party Kim H. Peterson(pty:dft) (fth). |
Filing 37 NOTICE of Appearance by Miles D Grant on behalf of Kim Funding, LLC, Kim H. Peterson(as Trustee of the Peterson Family Trust dated April 14, 1992) (Grant, Miles)Attorney Miles D Grant added to party Kim Funding, LLC(pty:dft), Attorney Miles D Grant added to party Kim H. Peterson(pty:dft) (fth). |
Filing 36 AMENDED COMPLAINT (with Exhibits A and B) against All Defendants, filed by Krista Freitag.New Summons Requested. (Pham, Matthew) Discrepancy prepared, new summons not issued (jms). |
Filing 35 NOTICE of Appearance by Matthew David Pham on behalf of Krista Freitag (Pham, Matthew)Attorney Matthew David Pham added to party Krista Freitag(pty:pla)(jms). |
Filing 34 Order Setting Third Early Neutral Evaluation Conference. Third Early Neutral Evaluation Conference set for 6/1/2022 at 09:30 AM before Magistrate Judge Allison H. Goddard. The third ENE will take place in person. See Order for more detailed requirements. Signed by Magistrate Judge Allison H. Goddard on 5/3/22.(kxm) |
Filing 33 ORDER granting #32 Joint Motion and Stipulation to Extend Defendants' Time to Respond to Plaintiff's Complaint. Signed by Judge Larry Alan Burns on 2/16/2022. (jms) |
Filing 32 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Krista Freitag. (Fates, Edward) (jms). |
Filing 31 ORDER granting #30 Joint Motion for Extension of Time to Respond to Plaintiff's Complaint. Signed by Judge Larry Alan Burns on 2/1/2022. (jms) |
Filing 30 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Kim Funding, LLC, Kim H. Peterson(individually and as Trustee of the Peterson Family Trust dated April 14, 1992 and as Trustee of the Peterson Family Trust dated September 29, 1983). (Attard, Lauren) (jms). |
Filing 29 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Second Early Neutral Evaluation Conference ("ENE") held on 1/14/2022. The case did not settle at the ENE, but settlement discussions are ongoing. (Plaintiff Attorneys Ted Fates and David Zaro). (Defendant Attorneys Elliot Peters and Cody Harris). (no document attached) (kxm) |
Filing 28 ORDER Granting Joint Motion For Extension Of Time To Respond To Plaintiff Complaint [Dkt. #27 ]. Signed by Judge Larry Alan Burns on 12/16/2021. (dxf) |
Filing 27 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Kim Funding, LLC, Kim H. Peterson. (Attard, Lauren) (dxf). |
Filing 26 NOTICE of Appearance of Lauren T. Attard as Counsel of Record for Defendants Kim H. Peterson and Kim Funding, LLC by Lauren T Attard on behalf of Kim Funding, LLC, Kim H. Peterson (Attard, Lauren)Attorney Lauren T Attard added to party Kim Funding, LLC(pty:dft), Attorney Lauren T Attard added to party Kim H. Peterson(pty:dft)(dxf). |
Filing 25 Order: (1) Setting Second Early Neutral Evaluation Conference ("ENE"); (2) Setting Status Conference With Defendants Regarding Status Of Document Production Prior To ENE; And (3) Setting Deadline For Plaintiff To Lodge Status Report. Signed by Magistrate Judge Allison H. Goddard on 12/8/2021.(dxf) |
Filing 24 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Follow-up settlement discussions with the Receiver and her counsel held on 12/8/2021. (Plaintiff Attorneys Ted Fates and David Zaro). (no document attached) (kxm) |
Filing 23 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference held on 12/3/2021. The case did not settle, but the Court will continue to facilitate settlement discussions. (Plaintiff Attorneys Ted Fates and David Zaro). (Defendant Attorneys Elliot Peters, Cody Harris, Nicholas Cremona, and Amy Vanderwal). (no document attached) (kxm) |
Filing 22 NOTICE AND ORDER Setting Early Neutral Evaluation And Case Management Conference Via Videoconference. Signed by Magistrate Judge Allison H. Goddard on 11/16/2021.(dxf) |
Filing 21 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Larry Alan Burns and Magistrate Judge Allison H. Goddard for all further proceedings. Judge Roger T. Benitez, Magistrate Judge Andrew G. Schopler no longer assigned to case. Create association to 3:19-cv-01628-LAB-AHG. The new case number is 21CV1620-LAB-WVG.. Signed by Judge Roger T. Benitez on 10/07/2021. Signed by Judge Larry Alan Burns on 10/05/2021.(jpp) |
Filing 20 ORDER granting #19 Joint Motion for Extension of Time to respond to Plaintiff's Complaint to on or before 12/16/2021. Signed by Judge Roger T. Benitez on 10/01/2021. (jpp) |
Filing 19 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Krista Freitag. (Fates, Edward) (jpp). |
Filing 18 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim Funding LLC Defined Benefit Pension Plan. (Fates, Edward) (jpp). |
Filing 17 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to George Palmer Corporation. (Fates, Edward) (jpp). |
Filing 16 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Baltimore Drive, LLC. (Fates, Edward) (jpp). |
Filing 15 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Aero Drive Three, LLC. (Fates, Edward) (jpp). |
Filing 14 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Aero Drive, LLC. (Fates, Edward) (jpp). |
Filing 13 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim Aviation, LLC. (Fates, Edward) (jpp). |
Filing 12 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim Management, Inc.. (Fates, Edward) (jpp). |
Filing 11 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim Media, LLC. (Fates, Edward) (jpp). |
Filing 10 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to ABC Funding Strategies Management, LLC. (Fates, Edward) (jpp). |
Filing 9 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to ABC Funding Strategies, LLC. (Fates, Edward) (jpp). |
Filing 8 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim Funding, LLC. (Fates, Edward) (jpp). |
Filing 7 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim H. Peterson as Trustee of the Peterson Family Trust dated September 29, 1983. (Fates, Edward) (jpp). |
Filing 6 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to KIM H. PETERSON as Trustee of the Peterson Family Trust dated April 14, 1992. (Fates, Edward) (jpp). |
Filing 5 WAIVER OF SERVICE Returned Executed by Krista Freitag, as to Kim H. Peterson. (Fates, Edward) (jpp). |
Filing 4 NOTICE REQUEST FOR NOTICE by CALPRIVATE BANK (Stephens, John)Attorney John H. Stephens added to party CALPRIVATE BANK(pty:ip) (jpp). |
Filing 3 NOTICE OF RELATED CASE(S) by Krista Freitag of case(s) 3:19-cv-01628-LAB-AHG . (Fates, Edward) (jpp). |
Filing 2 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. (fth) (jms). |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BCASDC-16135259.), filed by Krista Freitag. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)The new case number is 3:21-cv-1620-BEN-AGS. Judge Roger T. Benitez and Magistrate Judge Andrew G. Schopler are assigned to the case. (Fates, Edward) (fth) (jms). |
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