Elkwood Associates, LLC, et al v. USDC-CALA
| RELIABLE PROPERTIES, INC., FIELDBROOK, INC., JACK NOURAFSHAN and ELKWOOD ASSOCIATES, LLC |
| UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, LOS ANGELES |
| DAVID K. GOTTLIEB, as Chapter 11 Trustee for Massoud Aaron Yashouafar and Solyman Yashouafar, HOWARD ABSELET, In re: ELKWOOD ASSOCIATES, LLC, SODA PARTNERS, LLC, CHASE MANHATTAN MORTGAGE COMPANY, FEREYDOUN DAYANI, STATE STREET BANK AND TRUST COMPANY, DMARC 2007 CD-5 GARDEN STREET, ISRAEL ABSELET, CITIVEST FINANCIAL SERVICES, INC. and QUALITY LOAN SERVICE CORPORATION |
| 19-71799 |
| July 18, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ELKWOOD ASSOCIATES, LLC V. USDC-CALA |
Docket Report
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 28
Order filed (DIARMUID F. O'SCANNLAIN, RICHARD A. PAEZ and JOHN B. OWENS) Elkwood Associates, LLC and others (collectively Elkwood) petitioned this court for a writ of mandamus, requesting that we order the district court to withdraw the reference of an adversary proceeding to the District Court so that a jury trial may be had on multiple fraudulent transfer claims and a claim against them for quasi-contractual damages. Such claims have since been dismissed by the parties, and Elkwood now asks this court to grant its petition so that a jury trial may be held instead on redemption price and ejectment claims related to the Trustees first claim for quiet title to the Rexford Home. Because the facts are known to the parties, we repeat them only as necessary to explain our decision. (see attached order) DENIED. [11534878] (SD) [Entered: 12/17/2019 10:13 AM]
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| Filing 27 SUBMITTED ON THE BRIEFS TO DIARMUID F. O'SCANNLAIN, RICHARD A. PAEZ and JOHN B. OWENS. [11525134] (DLM) [Entered: 12/09/2019 10:23 AM] |
| Filing 26 Filed clerk order (Deputy Clerk: OC): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. This case is ordered submitted on the briefs and record without oral argument on December 9, 2019, in Pasadena, California. Fed. R. App. P. 34(a)(2). [11509483] (OC) [Entered: 11/22/2019 03:36 PM] |
| Filing 25 Received 7 paper copies of Supplemental Brief [ # 22 ] filed by Howard Abselet, Israel Abselet and David K. Gottlieb. [11470948] (Sent to Panel) (RG) [Entered: 10/21/2019 10:44 AM] |
| Filing 24 Received 7 paper copies of Supplemental Brief [ # 19 ] filed by Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc.. [11470930] (Sent to Panel) (RG) [Entered: 10/21/2019 10:39 AM] |
| Filing 23 Filed clerk order: The supplemental brief [ # 22 ] submitted by Howard Abselet, Israel Abselet and David K. Gottlieb is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11469222] (KWG) [Entered: 10/18/2019 09:16 AM] |
| Filing 22 Submitted (ECF) Supplemental Brief for review. Submitted by Real Parties in Interest David K. Gottlieb, Howard Abselet and Israel Abselet. Date of service: 10/17/2019. [11468893] [19-71799] (Richards, Jeremy) [Entered: 10/17/2019 06:47 PM] |
| Filing 21 Filed clerk order: The supplemental brief [ # 19 ] submitted by petitioners is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11468850] (KWG) [Entered: 10/17/2019 04:47 PM] |
| Filing 20 Filed (ECF) Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc. Correspondence: Second Supplemental Appendix in Support of Petition for Writ of Mandamus. Date of service: 10/17/2019. (Court-entered filing, originally submitted in [ # 19 ]) [11468840] (KWG) [Entered: 10/17/2019 04:44 PM] |
| Filing 19 Submitted (ECF) Supplemental Brief for review. Submitted by Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc.. Date of service: 10/17/2019. [11468766] [19-71799]--[COURT UPDATE: Removed appendix, filed correctly in entry [ # 20 ]. 10/17/2019 by KWG] (McCarthy, Daniel) [Entered: 10/17/2019 04:13 PM] |
| Filing 18 Filed clerk order (Deputy Clerk: OC): The parties are ordered to file supplemental briefs addressing whether this petition for a writ of mandamus is moot in light of the parties partial settlement of the underlying dispute. The parties should specifically address the Petitioners arguments that, even after the partial settlement, they remain entitled to a jury trial on the redemption-price and ejectment issues related to the Rexford Home, including whether any such right was irrevocably waived. These supplemental briefs shall be no longer than ten pages and shall be submitted no later than seven days after the entry of this order. Parties who are registered for Appellate ECF must file the supplemental brief electronically. Parties who are not registered Appellate ECF filers must file the original supplemental brief plus seven paper copies. The parties joint motion to file supplemental briefing, filed with this court on October 3, 2019, is denied as moot. [11460356] (OC) [Entered: 10/10/2019 09:46 AM] |
| Filing 17 Filed (ECF) Real Party in Interest David K. Gottlieb Stipulated Motion to file supplemental brief. Date of service: 10/03/2019. [11452906] [19-71799] (Richards, Jeremy) [Entered: 10/03/2019 11:54 AM] |
| Filing 16 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Jeremy V. Richards for Real Party in Interest David K. Gottlieb. Hearing in Pasadena on 12/09/2019 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/02/2019. [11451295] [19-71799] (Richards, Jeremy) [Entered: 10/02/2019 11:09 AM] |
| Filing 15 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Daniel Joseph McCarthy, Esquire for Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc.. Hearing in Pasadena on 12/09/2019 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/01/2019. [11449540] [19-71799] (McCarthy, Daniel) [Entered: 10/01/2019 08:40 AM] |
| Filing 14 Notice of Oral Argument on Monday, December 9, 2019 - 09:00 A.M. - Courtroom 3 - Pasadena CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, December 9, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11447429][Array,19-71799] (AW) [Entered: 09/29/2019 06:10 AM] |
| Filing 13 Filed (ECF) Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc. reply to answer to Writ of Mandamus petition. Date of service: 09/19/2019. [11437090] [19-71799] (McCarthy, Daniel) [Entered: 09/19/2019 11:10 AM] |
| Filing 12 Filed (ECF) Real Party in Interest David K. Gottlieb answer to Writ of Mandamus petition. Date of service: 09/13/2019. [11430914] [19-71799] (Richards, Jeremy) [Entered: 09/13/2019 11:44 AM] |
| Filing 11 Filed text clerk order (Deputy Clerk: WL): The motion to extend time to file an answer to Petition for Writ of Mandamus (Docket Entry #[ # 10 ]) is granted. The answer is due on 9/13/2019 and the reply is due on 9/20/2019. [11423185] (WL) [Entered: 09/06/2019 09:55 AM] |
| Filing 10 Filed (ECF) Real Party in Interest David K. Gottlieb motion for miscellaneous relief [motion to extend time to file an answer to Petition for Writ of Mandamus]. Date of service: 09/04/2019. [11421192] [19-71799]--[COURT UPDATE: Updated docket text to reflect content of filing. 09/04/2019 by SLM] (Richards, Jeremy) [Entered: 09/04/2019 03:53 PM] |
| Filing 9 Filed (ECF) Attorney Mr. Henry David for Real Parties in Interest Howard Abselet and Israel Abselet response to notice for case being considered for oral argument. Date of service: 08/21/2019. [11405438] [19-71799] (David, Henry) [Entered: 08/21/2019 01:14 PM] |
| Filing 8 Filed (ECF) Attorney Mr. Daniel Joseph McCarthy, Esquire for Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc. response to notice for case being considered for oral argument. Date of service: 08/20/2019. [11404119] [19-71799] (McCarthy, Daniel) [Entered: 08/20/2019 02:55 PM] |
| Filing 7 Filed (ECF) Attorney Mr. Jeremy V. Richards for Real Party in Interest David K. Gottlieb response to notice for case being considered for oral argument. Date of service: 08/20/2019. [11403726] [19-71799] (Richards, Jeremy) [Entered: 08/20/2019 11:54 AM] |
| Filing 6 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2019 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11403550][19-71799] (AW) [Entered: 08/20/2019 10:43 AM] |
| Filing 5 Filed (ECF) Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc. Correspondence: Notice to all real parties in interest of the Courts August 16 2019 order.. Date of service: 08/19/2019 [11402382] [19-71799] (McCarthy, Daniel) [Entered: 08/19/2019 02:44 PM] |
| Filing 4 Filed order (A. WALLACE TASHIMA and MARK J. BENNETT): This petition for a writ of mandamus raises issues that warrant an answer. See Fed. R. App. P. 21(b). Accordingly, within 14 days after the date of this order, the real parties in interest shall file an answer. The district court, within 14 days after the date of this order, may address the petition if it so desires. The district court may elect to file an answer with this court or to issue an order and serve a copy on this court. Petitioners may file a reply within 5 days after service of the answer(s). The petition, answer(s), and any reply shall be referred to the next available merits panel. The Clerk shall serve this order on the district court and District Judge John F. Walter. [11400741] (AF) [Entered: 08/16/2019 04:04 PM] |
| Filing 3 Filed (ECF) Petitioners Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan and Reliable Properties, Inc. Correspondence: Request for status of Petition for Writ of Mandamus, which was filed on July 17, 2019.. Date of service: 08/13/2019 [11396015] [19-71799] (McCarthy, Daniel) [Entered: 08/13/2019 02:02 PM] |
| Filing 2 Filed (ECF) Petitioners Elkwood Associates, LLC, Fieldbrook, Inc. and Reliable Properties, Inc. Correspondence: Appendix and exhibits in Support of Petition for Writ of Mandamus. Date of service: 07/17/2019. [11367613] [19-71799]--[COURT UPDATE: Edited docket text to reflect content of filing. 07/18/2019 by RY; Attached corrected PDF with case number. 07/18/2019 by NAC] (McCarthy, Daniel) [Entered: 07/18/2019 09:33 AM] |
| Filing 1 FILED PETITION FOR WRIT OF MANDAMUS. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED REAL PARTIES IN INTEREST OF FILING. [11367494] (JBS) [Entered: 07/18/2019 08:52 AM] |
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