United States of America v. Pivaroff et al
| United States of America |
| Regency Towers Association, Inc., United Realty, Inc., Clark County Treasurer, Las Vegas Country Club Master Association, Ivan G. Pivaroff, Blenheim Trust Company, Ltd., Ally Financial, Inc., Gwendolyn S. Pivaroff, Associated Enterprises Limited, Blenheim Trust Co.,Ltd., as Trustee of VIP International Trust, Anderson Attic, Inc., Oahu Limited Partnership, Lakeland, Inc. and Molokai Limited Partnership |
| John Robilliard |
| 2:2013cv01498 |
| August 21, 2013 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Peggy A Leen |
| James C Mahan |
| Taxes |
| 26 U.S.C. § 7403 |
| None |
Docket Report
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This docket was last retrieved on March 10, 2017. A more recent docket listing may be available from PACER.
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Filing 261
ORDER Granting United States' #260 Motion for Voluntary Dismiss of Remaining Counts without prejudice. Signed by Judge James C. Mahan on 3/10/2017. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 260 MOTION for Voluntary Dismissal; filed by Plaintiff United States of America. Responses due by 3/24/2017. (Attachments: #1 Exhibit Stipulation, #2 Exhibit Stipulation, #3 Exhibit Stipulation, #4 Proposed Order)(Doyle, Philip) |
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Filing 259
ORDER. IT IS HEREBY ORDERED that the government file by 3/14/17, the following: 1) a stipulation to dismiss the remaining counts as to Ivan and Gwen Pivaroff; 2) a stipulation to dismiss as to Blenheim Trust Company, Ltd.; 3) a stipulation to dismiss or a motion to dismiss as to the Clark County Treasurer; & 4) default judgments, if intending, as to Molokai, L.P., Anderson Attics, Inc., and United Realty, Inc. with a proposed appropriate judgment for the court's signature attached. Signed by Judge James C. Mahan on 3/1/17. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 258 STATUS REPORT by Plaintiff United States of America. (Doyle, Philip) |
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Filing 257
ORDER. IT IS ORDERED that that the United States shall have until 2/27/17 to file a status report advising the court whether it intend to proceed on any other claims against any other individuals or entities. See Order for further details. Signed by Magistrate Judge Peggy A. Leen on 2/13/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 256
ORDER Granting #255 Motion to Confirm Sale and Direct Distribution of Sale Proceeds re #235 Order by Plaintiff United States of America. Signed by Judge James C. Mahan on 1/20/17. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)
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| Filing 255 MOTION Confirm Sale and Direct Distribution of Sale Proceeds re #235 Order by Plaintiff United States of America. Responses due by 1/31/2017. (Attachments: #1 Exhibit Declaration by Hallie Lipscomb, Property Appraisal Liquidation Specialist, #2 Proposed Order)(Doyle, Philip) |
| Filing 254 AFFIDAVIT re #253 Statement ; by Defendant Clark County Treasurer. (Wittenberger, Shannon) |
| Filing 253 STATEMENT of Proof of Indebtedness re #235 Order of Sale by Defendant Clark County Treasurer. (Wittenberger, Shannon) |
| Filing 252 CERTIFICATE of Cash Deposit as to United States of America: $ 392,000, receipt number NVLAS046507 (Attachments: #1 Receipt) (ADR) |
| Filing 251 Mail Returned as Undeliverable re #209 Minute Order addressed to Oahu Limited Partnership. Envelope marked: Return to sender - unable to forward. Clerk did not resend. (NEV) |
| Filing 250 CERTIFICATE of Cash Deposit re #235 Order : $ 98,000, receipt number NVLAS046184. (Attachments: #1 Receipt) (ADR) |
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Filing 249
ORDER Granting #248 Stipulation. Jay R. Nanavati of Baker Hoftetler is substituted in the place of Jeffrey D. Lewin and Donald G. Rez of Sullivan Hill Lewin Rez & Engel for Defendant Blenheim Trust Company, Ltd., as Trustee of Kihei International Trust, subject to the provisions of LR IA 10-6(c) and (d). Signed by Magistrate Judge Peggy A. Leen on 10/11/16. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 248 STIPULATION for Substitution of Attorney by Defendant Blenheim Trust Company, Ltd. (Attachments: #1 Certificate of Service)(Stephens, Elizabeth) |
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Filing 247
ORDER Granting #242 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jay R. Nanavati and approving Designation of Local Counsel Elizabeth E. Stephens. Signed by Judge James C. Mahan on 9/26/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 246 NOTICE of Corrected Image/Document re #242 Verified Petition for Permission to Practice Pro Hac Vice, by Defendant Blenheim Trust Company, Ltd.. (Service of corrected image is attached). (Attachments: #1 Certificate of Service)(Lewin, Jeffrey) |
| Filing 245 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 9/23/2016. By Deputy Clerk: David Oakes. RE: #244 Notice of Corrected Image/Document, IT IS THE ORDER OF THE COURT that Jay R. Nanavati Defendant's counsel is in violation of LR IA 10-2. REQUIRED FORMAT FOR FILED DOCUMENTS in petitioner's Verified Petition (#244) and is directed to refile within (14) days of the entry of the order using the "Notice of Corrected Image/Document" event in CM/ECF.Petitioner's failure to take such corrective measures will result in the denial of Mr. Nanavati's Verified Petition. (no image attached) (Copies have been distributed pursuant to the NEF - DXO) |
| Filing 244 NOTICE of Corrected Image/Document re #242 Verified Petition for Permission to Practice Pro Hac Vice, by Defendant Blenheim Trust Company, Ltd.. (Service of corrected image is attached). (Attachments: #1 Certificate of Service)(Lewin, Jeffrey) |
| Filing 243 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 9/23/2016. By Deputy Clerk: David Oakes. RE: #242 Verified Petition for Permission to Practice Pro Hac Vice, IT IS THE ORDER OF THE COURT that Jay R. Nanavati counsel for Defendant Blenheim is in violation of LR IA 10-2. REQUIRED FORMAT FOR FILED DOCUMENTS and document indicates wrong Judge initials, in petitioner's Verified Petition (#242) and is directed to correct Petition within (14) days of the entry of this order and re-file using the "Notice of Corrected Image/Document" event in CM/ECF.Petitioner's failure to take such corrective measures will result in the denial of Mr. Nanavati's Verified Petition.(no image attached) (Copies have been distributed pursuant to the NEF - DXO) |
| Filing 242 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jay R. Nanavati and DESIGNATION of Local Counsel Elizabeth Stephens (Filing fee $ 250 receipt number 0978-4295572) by Defendant Blenheim Trust Company, Ltd.. (Attachments: #1 Certificate of Service)(Lewin, Jeffrey) Corrected image #244 added on 9/23/2016. (EDS). |
| Filing 241 DEFAULT JUDGMENT in favor of United States of America against Las Vegas Country Club Master Association, Oahu Limited Partnership. Signed by Judge James C. Mahan on 9/22/16. (Copies have been distributed pursuant to the NEF - ADR) |
| Filing 240 SUBMISSION of Proposed Default Judgment against Oahu Limited Partnershio and Las Vegas Country Club Master Association by United States of America re #239 Order on Motion for Default Judgment. (Attachments: #1 Proposed Order Proposed Default Judgment)(Doyle, Philip) |
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Filing 239
ORDER Granting Plaintiff's #229 Motion for Default Judgment. Plaintiff shall prepare and file an appropriate judgment for the court's signature within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 9/7/2016. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 238
ORDER. IT IS HEREBY ORDERED that #236 the hearing set for 9/8/16, regarding the order to show cause be, and the same hereby is, VACATED. IT IS FURTHER ORDERED that #149 the report and recommendation for contempt proceedings be, and the same hereby is, DENIED as moot. Signed by Judge James C. Mahan on 8/25/16. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 237 NOTICE to Court re #236 Order to Show Cause by United States of America . (Doyle, Philip) |
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Filing 236
ORDER TO SHOW CAUSE. Show Cause Hearing set for 9/8/2016 11:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 8/17/16. (Copies have been distributed pursuant to the NEF - ADR) (Main Document 236 replaced on 8/17/2016) (ADR).
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Filing 235
ORDER OF SALE Granting #232 Motion for Sale. Signed by Magistrate Judge Peggy A. Leen on 8/12/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 234
ORDER Granting #219 Motion to Substitute Attorney. Attorney Thomas A. Larmore terminated. The Clerk of the Court shall serve future notices to the Defendants at the addresses listed by counsel: 10712 Grand Cypress Ave., Las Vegas, NV 89134. Signed by Magistrate Judge Peggy A. Leen on 8/12/16. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 233 NOTICE of Appearance by attorney Kristen T. Gallagher on behalf of Interested Party John Robilliard. (Gallagher, Kristen) |
| Filing 232 MOTION for Order of Sale by Plaintiff United States of America. (Attachments: #1 Proposed Order)(Doyle, Philip) |
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Filing 231
ORDER Granting #185 Motion for Partial Summary Judgment. It is Further Ordered that Defendant's Motion for Private Sale #222 is Denied. It is Further Ordered that defendants' second motion #214 is Denied as moot. Signed by Judge James C. Mahan on 7/18/2016. (Copies have been distributed pursuant to the NEF - DL)
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Filing 230
ORDER Denying #178 Motion for District Judge to Reconsider Order. Signed by Judge James C. Mahan on 7/12/16. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 229 MOTION for Default Judgment on Count 2 as to Oahu Limited Partnership and Las Vegas Country Club Master Association by Plaintiff United States of America. (Doyle, Philip) |
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Filing 228
ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs motion to dismiss #208 , be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that defendant Associated Enterprises Limiteds motion to dismiss #210 , be and the same hereby is, GRANTED. Signed by Judge James C. Mahan on 7/11/2016. (Copies have been distributed pursuant to the NEF - DL)
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| Filing 227 Clerk's ENTRY OF DEFAULT as to Anderson Attic, Inc., Las Vegas Country Club Master Association, Molokai Limited Partnership, Oahu Limited Partnership, United Realty, Inc. re #160 , #206 , #207 Motions for Entry of Clerks Default per #226 Order. (ADR) |
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Filing 226
ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs motions to strike, #157 #204 #205 , be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiffs motions for entry of clerks default, #160 #206 [ 207], be, and the same hereby are, GRANTED. Signed by Judge James C. Mahan on 7/1/16. (Copies have been distributed pursuant to the NEF - ADR)
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| Filing 225 RESPONSE to #222 Motion for Private Sale filed by Plaintiff United States of America. Replies due by 4/8/2016. (Attachments: #1 Exhibit Order in USA v. Smith)(Doyle, Philip) |
| Filing 224 REPLY to Response to #185 Motion for Partial Summary Judgment filed by Plaintiff United States of America. (Doyle, Philip) Modified docket relationship on 3/29/2016 (EDS). |
| Filing 223 CERTIFICATE OF SERVICE for #221 Response to Motion by Defendant Ivan G. Pivaroff. (PS) |
| Filing 222 MOTION for Private Sale by Defendant Ivan G. Pivaroff. Responses due by 4/3/2016. (MMM) |
| Filing 221 RESPONSE to #185 Motion for Partial Summary Judgment, filed by Defendant Ivan G. Pivaroff. Replies due by 3/27/2016. (MMM) |
| Filing 219 Second MOTION to Substitute Attorney by Defendants Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (Larmore, Thomas) |
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Filing 218
ORDER Denying #217 Motion to Withdraw as Attorney by Thomas A. Larmore. Signed by Magistrate Judge Peggy A. Leen on 02/16/2016. (Copies have been distributed pursuant to the NEF - NEV)
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| Filing 220 MINUTES OF PROCEEDINGS - Status Conference held on 2/16/2016 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Philip Doyle, AUSA; Def Counsel: Jeffrey Lewin, Esq.; Court Reporter/FTR #: 10:35:10 - 10:42:42; Time of Hearing: 10:30am; Courtroom: 3B; The Court notes that the Pivaroffs have filed a Motion to Substitute Counsel #217 which has not been signed by the attorney, and that will be DENIED. Mr. Doyle notes that an attorney may be filing an application to appear Pro Hac Vice for the Blenheim Trust, but that it has not been filed yet. Mr. Doyle makes representations, and also notes that he is waiting for the Bankruptcy Court to terminate the stay of proceedings. The Court will not continue to schedule Status Conferences in this case, and informs Mr. Doyle that, when an appearance is made on behalf of Blenheim Trust and when it would be fruitful, he may file a request for a Status and Scheduling Conference. The matter is off calendar at this time. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 217 MOTION to Withdraw as Attorney by Thomas A. Larmore by Defendants Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (Larmore, Thomas) |
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Filing 216
ORDER Granting #215 Stipulation of Dismissal and Disclaimer of Interest. Signed by Judge James C. Mahan on 1/6/16. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 215 STIPULATION of Dismissal by Defendant Regency Towers Association, Inc.. (Kerr, Gregory) |
| Filing 214 Unopposed SECOND MOTION to Extend Time re #185 Motion for Partial Summary Judgment, filed by Defendant Ivan G. Pivaroff. (Larmore, Thomas) |
| Filing 213 NOTICE of Association of Counsel by Thomas A. Larmore on behalf of Defendants Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (Larmore, Thomas) |
| Filing 212 MINUTES OF PROCEEDINGS - Status Conference held on 12/15/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Philip Doyle, AUSA; Def Counsel: Gregory Kerr, Esq.; Court Reporter/FTR #: 10:40:10 - 10:56:40; Time of Hearing: 10:15am; Courtroom: 3B; The Court hears the status of the settlement negotiations between Plaintiff and Defendant Associated Enterprises Limited. The Court inquires as to what remains to be completed in the Plaintiff's case to pursue the remaining assets. The Court hears the positions of Counsel. Status Conference set for 2/16/2016 @ 10:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen.(no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
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Filing 211
ORDER Granting #202 Stipulation. Signed by Judge James C. Mahan on 12/14/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 210 MOTION to Dismiss Cross-Claim Against Oahu Limited Partnership by Cross Claimant Associated Enterprises Limited. Responses due by 12/28/2015. (Noto, Allyson) |
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Filing 209
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #208 Motion to Dismiss : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge James C. Mahan on 12/11/2015. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 208 MOTION to Dismiss Associated Enterprises Limited from the Action with Prejudice by Plaintiff United States of America. Responses due by 12/28/2015. (Doyle, Philip) |
| Filing 207 MOTION for Entry of Clerks Default (renewed motion) by Plaintiff United States of America. (Attachments: #1 Appendix Default Form for Las Vegas Country Club Master Association)(Doyle, Philip) |
| Filing 206 MOTION for Entry of Clerks Default (Renewed Motion as to Oahu Limited Partnership, Molokai Limited Partnership, Anderson Attic, Inc., and United Realty, Inc. by Plaintiff United States of America. (Attachments: #1 Appendix Default Form Oahu Limited Partnership, #2 Appendix Default Form Molokai Limited Partnership, #3 Appendix Default Form Anderson Attic, Inc., #4 Appendix Default Form United Realty, Inc.)(Doyle, Philip) |
| Filing 205 MOTION to Strike #155 Answer to Amended Complaint (Renewed motion to strike answer of Molokai Limited Partnership) by Plaintiff United States of America. Responses due by 12/28/2015. (Doyle, Philip) |
| Filing 204 MOTION to Strike #155 Answer to Amended Complaint (Renewed Motion to Strike answer by Oahu Limited Partnership by Plaintiff United States of America. Responses due by 12/28/2015. (Doyle, Philip) |
| Filing 203 NOTICE of Change of Attorney on behalf of Defendant Regency Towers Association, Inc.. (Kerr, Gregory) |
| Filing 202 STIPULATION re: settlement between Plaintiff and AEL by Defendant Associated Enterprises Limited. (Noto, Allyson) |
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Filing 201
ORDER Granting #195 Motion to Extend Time re #185 Motion for Partial Summary Judgment. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Defendants' first Motion to Extend Time #195 be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that the Defendants shall have up to and including Monday, 1/4/16, in which to file their Opposition to the Government's Motion for Partial Summary Judgment. Signed by Judge James C. Mahan on 12/7/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 200 AMENDED CERTIFICATE OF SERVICE for #197 Answer to Amended Complaint by Defendant Regency Towers Association, Inc. (Kerr, Gregory) |
| Filing 199 (1st Notice) NOTICE: of Non-Compliance with Special Order 109: that Michael T. Schulman is in violation of Special Order 109 and Local Rule IA 10-1.Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to become a member of the U.S. District Court's Bar and register for the Courts Case Management and Electronic Case Filing (CM/ECF) program.Upon completion of the admission requirements, please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s) and to review Special Order 109 for compliance when electronically filing documents and to register for CM/ECF. (EDS) |
| Filing 198 NOTICE: of Non-Compliance with Special Order 109 that Jordan Butler is in violation of Special Order 109. re: Maintaining Account. Pursuant to Special Order 109, section 2.C., "It shall be the responsibility of each Filing User to maintain and update their user account information." It is therefore recommended that you review and update your CM/ECF account by clicking "Utilities" and then selecting "Maintain Your Address" and "Maintain Your E-mail".(EDS) |
| Filing 197 ANSWER to #120 Second Amended Complaint.(Moas, Royi) |
| Filing 196 RESPONSE to #195 Motion to Extend Time/Shorten Time regarding Dispositive matter, filed by Plaintiff United States of America. Replies due by 12/3/2015. (Attachments: #1 Exhibit counter-offer and acceptanced, #2 Exhibit excerpt from deposition of James Jantos and exhibit to that deposition)(Doyle, Philip) |
| Filing 195 MOTION to Extend Time regarding dispositive matter (First Request) re #185 Motion for Partial Summary Judgment, by Defendants Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (TR) |
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Filing 194
ORDER Granting #188 Motion to Extend Time re #185 Motion for Partial Summary Judgment. Responses due by 12/19/2015. Signed by Judge James C. Mahan on 11/19/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 193 SUPPLEMENT to #169 Objection to Report and Recommendation ; by Interested Party John Robilliard. (Attachments: #1 Exhibit 1)(Yen, Amanda) |
| Filing 192 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen, on 11/12/2015. By Deputy Clerk: Jeff Miller. By Judicial Assistant: Teresa Hoskin. IT IS ORDERED: The Status Conference, set for 12/15/2015 @ 10:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, is ADVANCED 15 minutes to 10:15am.(no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 191 MINUTES OF PROCEEDINGS - Status Conference held on 11/10/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Philip Doyle, AUSA; Def Counsel: Allyson Noto, Esq.; Court Reporter/FTR #: 9:54:58 - 10:02:44; Time of Hearing: 9:30am; Courtroom: 3B; Mr. Doyle represents that a settlement in principal has been reached with AEL, makes additional representations, and requests an additional status conference in 30 days. Miss Noto expresses concerns with some of the language contained in the settlement, and wishes to put the terms of the settlement on the record. Mr. Doyle represents that the party who has the authority to enter into the settlement on behalf of the United States has not yet acted on the proposal. The Court will grant the request for an additional Status Conference. Status Conference set for 12/15/2015 @ 10:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen.(no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 190 NOTICE: Attorney Action Required to #189 Motion for Entry of Clerks Default. ERROR: Motion not filed in accordance with FRCP 55. CORRECTION: Attorney PHILIP DOYLE advised to re-file documents as outlined in FRCP 55, to include Motion/Request pleading and Affidavit/Declaration of Service and Courts Default form using "NOTICE of Corrected Image/Document" event under the "Notices" category as a separate event, and link to document #189 . (no image attached)(DKJ) |
| Filing 189 MOTION for Entry of Clerks Default as to Regency Towers Ass'n, Inc., and Las Vegas Country Club Master Ass'n by Plaintiff United States of America. (Doyle, Philip) |
| Filing 188 Unopposed MOTION to Extend Time regarding dispositive matter (First Request) re #185 Motion for Partial Summary Judgment, by Defendant Associated Enterprises Limited. (Noto, Allyson) |
| Filing 187 NOTICE re #185 Motion for Partial Summary Judgment; filed by United States of America. (Attachments: #1 Exhibit, #2 Exhibit)(Doyle, Philip) |
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Filing 186
ORDER Granting #159 Motion for Attorney Fees. Attorneys' fees in the amount of $3,544.60 are assessed against Blenheim Trust Company, Ltd. in favor of the United States. Signed by Magistrate Judge Peggy A. Leen on 10/16/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 185 MOTION for Partial Summary Judgment on Count 2 by Plaintiff United States of America. Responses due by 11/9/2015. (Attachments: #1 Exhibit Excerpts of deposition of Ivan Pivaroff, #2 Exhibit Declaration by Roseanne Miller, #3 Exhibit Notice of Federal Tax Lien, #4 Exhibit Revocation of Release of Lien and Notices of Federal Tax Lien, #5 Exhibit Excerpts of Rule 2004 exam of Ivan Pivaroff, #6 Exhibit Answers to Interrogatories by Associated Enterprises Ltd, #7 Exhibit Assignments of limited partnership shares, #8 Exhibit Trust Agreement for VIP International Trust, #9 Exhibit Minutes of Meeting of Board of directors for Blenheim Trust Co., #10 Exhibit email correspondence to and from Mark Bernstein, #11 Exhibit bank account statement, internal account statements for Kihei Int'l Trust, and correspondence from Ivan Pivaroff, #12 Exhibit Declaration of Trust, #13 Exhibit Internal account statement for Kihei Int'l Trust, #14 Exhibit handwritten notes, #15 Exhibit promissory note, #16 Exhibit AEL Admissions, #17 Exhibit correspondence to and from Mark Bernstein, #18 Exhibit correspondence to and from Mark Bernstein and James Jantos, #19 Exhibit Jim Jantos correspondence, bank account statement, and internal account statements, #20 Exhibit AEL Board minutes, #21 Exhibit Ivan and Gwen Pivaroff bankruptcy schedules and statement of financial affairs)(Doyle, Philip) |
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Filing 184
ORDER Granting #173 Motion to Replace Unredacted Exhibit. Signed by Magistrate Judge Peggy A. Leen on 10/8/15. (Copies have been distributed pursuant to the NEF - NEV)
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| Filing 182 REPLY to Response to #169 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order filed by Interested Party John Robilliard. (Attachments: #1 Exhibit 1)(Yen, Amanda) Docket entry relationship modified on 10/8/2015 (DKJ). |
| Filing 183 CERTIFICATE OF MAILING regarding #120 Amended Complaint and #177 Summons Issued. (PS) |
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Filing 180
ORDER GRANTING #165 Motion to Extend Time regarding Dispositive matter, filed by United States of America. IT IS FURTHER ORDERED that the government shall have up to and including Friday, 10/16/2015, in which to file its Motion for Summary Judgment. Signed by Judge James C. Mahan on 10/2/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 179 ERROR: Summons issued in error by clerks office. CORRECTION: Document terminated. Summons Issued as to Lakeland, Inc. re #120 Amended Complaint. (PS) Modified on 10/1/2015 (DKJ). |
| Filing 178 OBJECTIONS re LR IB 3-1 or MOTION for District Judge to Reconsider Order re #154 Order filed by Defendant Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) Modified event on 10/1/2015 (DKJ). |
| Filing 177 Summons Issued as to Blenheim Trust Company, Ltd., Lakeland, Inc. re #120 Amended Complaint. (Attachments: #1 Summons Lakeland, Inc)(DKJ) |
| Filing 176 PROPOSED SUMMONS to be issued to Lakeland, Inc., filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 175 PROPOSED SUMMONS to be issued to Blenheim trust Company, Ltd., as trustee of VIP International Trust, filed by Plaintiff United States of America. (Doyle, Philip) |
| NOTICE of Docket Correction to #178 Response: Changed event from a Response to OBJECTIONS re LR IB 3-1 or MOTION for District Judge to Reconsider Order. (no image attached)(DKJ) |
| NOTICE of Docket Correction to #179 Summons Issued : Summons issued in error. See entry #177 Summons issued. (no image attached)(DKJ) |
| Filing 181 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/29/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Phillip Doyle, AUSA; Def Counsel: Allyson Noto, Esq.; Court Reporter/FTR #: 9:31:51 - 9:46:39; Time of Hearing: 9:30am; Courtroom: 3B; The Court hears the arguments of Counsel concerning Government's Motion for Protective Order #147 . IT IS ORDERED: The Court will grant Government's Motion for Protective Order #147 to the limited extent to topics 3, 4, 5, and 14. The Motion is denied in all other respects. The Court makes findings for the record. Government Counsel shall educate and produce a Rule 30(b)(6) designee within the next 30 days, and Counsel shall forthwith meet and confer to propose a schedule for the Rule 30(b)(6) designee. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 174 NOTICE of Change of Address by Defendants Gwendolyn S. Pivaroff and Ivan G. Pivaroff. (PS - Updated) |
| Filing 173 MOTION to Replace Exhibit re #172 Response to Objection to Report and Recommendation; by Plaintiff United States of America. Responses due by 10/16/2015. (Attachments: #1 Exhibit Replacement exhibit)(Doyle, Philip) |
| Filing 172 RESPONSE to Objection to #149 Report and Recommendation by Plaintiff United States of America. (Attachments: #1 Exhibit interrogatory answers, #2 Exhibit email)(Doyle, Philip) |
| Filing 171 MINUTES OF PROCEEDINGS - Status Conference held on 9/24/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Phillip Doyle, AUSA; Def Counsel: Allyson Noto, Esq., Jeffrey Lewin, Esq.; Court Reporter/FTR #: 9:05:55 - 9:23:23; Time of Hearing: 9:00am; Courtroom: 3B; Mr. Lewin is present as he is listed as attorney of record, but represents that he was fired by Blenheim Trust Company, Ltd. and can take no action in this case. The Court hears from Government Counsel regarding their intentions toward the unserved parties and their discovery needs. The Court hears from Miss Noto concerning her clients' discovery needs. The Court will continue these proceedings for 45 days. Status Conference set for 11/10/2015 @ 9:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Before the next hearing, the briefing on the pending motions will be completed, the appearance of additional parties can be made, and this Court will confer with the District Judge to determine which issues will be referred for this Court's decision. Additionally, Counsel are directed to confer with each other to establish mutually agreeable dates for taking the depositions they intend to take.Miss Noto notes that the Plaintiff's Motion for Extension of Time #165 is still outstanding, and that she did not intend to oppose it. The Court intends to give the parties extensions on all the deadlines and will GRANT the motion. The Scheduling Order will be entered at the next status hearing. Mr. Lewin represents that Blenhein Trust Company may never retain substitute counsel and, pursuant to this Court's previous Order, this could result in Mr. Lewin remaining as counsel of record on this case in perpetuity despite having been terminated by Blenheim. The Court would grant Mr. Lewin an extension to appeal to the District Judge regarding the issue, and will grant him 10 days from today's date in order to do so. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 170 SUMMONS Returned Executed by United States of America re #120 Amended Complaint,,. Regency Towers Association, Inc. served on 9/9/2015, answer due 9/30/2015. (Doyle, Philip) |
| Filing 169 OBJECTION to #149 Report and Recommendation and Response to Order to Show Cause by Interested Party John Robilliard. Response to Objections to R&R due by 10/1/2015. (Yen, Amanda) |
| Filing 168 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 9/11/2015. IT IS ORDERED that this case is reassigned to Judge James C. Mahan for all further proceedings. All further documents must bear the correct case number 2:13-cv-01498-JCM-PAL. (no image attached) (Copies have been distributed pursuant to the NEF - DKJ) |
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Filing 167
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 9/11/2015. With good cause appearing, the Honorable Judge Andrew P. Gordon recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. IT IS ORDERED that the September 17, 2015 hearing is VACATED. A new hearing date will be set by the judge to whom this case is assigned. (no image attached) (Copies have been distributed pursuant to the NEF - KSR)
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| Filing 166 NOTICE of Appearance by attorney Amanda C Yen on behalf of Interested Party John Robilliard. (Yen, Amanda) |
| Filing 165 MOTION to Extend Time regarding dispositive matter (Second Request) namely, Time within which to file motion for summary judgment re #140 Order on Motion to Extend Time/Shorten Time regarding Discovery or Nondispositive matter,,,, Set/Reset Deadlines, by Plaintiff United States of America. (Doyle, Philip) |
| Filing 164 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 9/10/2015. RE: #161 Notice (Other). The request by Sullivan Hill Lewin Rez & Engel to be excused from appearing at the September 17, 2015 hearing is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - KSR) |
| Filing 163 CERTIFICATE OF SERVICE for #157 Motion to Strike, #160 Motion for Entry of Clerks Default by Plaintiff United States of America. (Doyle, Philip) |
| Filing 162 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 9/10/2015.As set forth in the prior Minute Order, the hearing on this matter is scheduled for Thursday September 17, 2015 on a stacked calendar starting at 2:00 p.m. The hearing will be held in the Thomas & Mack Moot Courtroom at the UNLV Boyd School of Law. We have arranged a limited number of reserved parking spaces at UNLV for the lawyers who are arguing cases. Carpooling is encouraged. If you would like to park on campus, please notify my chambers (702-868-4940) as soon as possible so your name can be added to the list of reserved parking spaces. First come, first served. (no image attached) (Copies have been distributed pursuant to the NEF - KSR) |
| Filing 161 NOTICE Sullivan Hill Lewin Rez & Engel's Request to the Honorable Andrew P. Gordon to Be Excused From Appearing at September 17, 2015 Hearing by Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) |
| Filing 160 MOTION for Entry of Clerks Default as to Oahu Limited Partnership, Molokai Limited Partnership, Anderson Attics, Inc., and United Realty, Inc. by Plaintiff United States of America. (Doyle, Philip) |
| Filing 159 MOTION for Attorney Fees by Plaintiff United States of America. Responses due by 9/27/2015. (Attachments: #1 Declaration Declaration by Philip Doyle)(Doyle, Philip) |
| Filing 158 NOTICE of Attorney Action Required: to #157 Motion to Strike: ERROR: Documents should have been filed as separate entries by attorney Philip Doyle , pursuant to Special Order 109 a separate document must be filed for each type of document or purpose . Attorney advised in the future please file documents in accordance with Special Order 109 filing procedures; to prevent delay in the timely filing of documents. CORRECTION: Attorney is advised to file the additional Motion contained in document #157 Motion to Strike, as a MOTION for Entry of Clerks Default, using the appropriate event found under the MOTIONS category pursuant to Special Order 109. (no image attached)(DKJ) |
| Filing 157 MOTION to Strike #155 Answer to Amended Complaint by Plaintiff United States of America. Responses due by 9/26/2015. (Doyle, Philip) |
| Filing 156 RESPONSE to #147 Motion for Protective Order,, filed by Defendant Associated Enterprises Limited. Replies due by 9/18/2015. (Noto, Allyson) |
| Filing 155 STRICKEN per #226 Order. (ADR) ANSWER to #120 Second Amended Complaint, filed by Molokai Limited Partnership, Oahu Limited Partnership, Gwendolyn S. Pivaroff, and Ivan G. Pivaroff.(PS) . |
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Filing 154
ORDER IT IS ORDERED that: Blenheim Trust Company shall have until 10/1/15, to retain substitute counsel who shall make an appearance in this matter in accordance with the Local Rules of Practice. Existing counsel will be permitted to withdraw once substitute counsel has made an appearance, and shall appear at the 9/17/15. hearing set by the district judge unless the district judge orders otherwise. Signed by Magistrate Judge Peggy A. Leen on 9/3/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing 153
ORDER Granting #150 Motion for Order to Show Cause. Defendant, Blenheim Trust Company shall show cause, in writing, no later than 9/14/15, why it should not be held in contempt and/or other sanctions imposed for violating the court's Order. Signed by Magistrate Judge Peggy A. Leen on 9/3/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing 152
ORDER Changing location of a contempt hearing regarding #149 Order and Report and Recommendation. IT IS ORDERED that the contempt hearing set for Thursday, 9/17/15 will be held at the Thomas & Mack Moot Court Room at UNLVs Boyd School of Law on a stacked calendar at 2:00 p.m. Signed by Judge Andrew P. Gordon on 9/2/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 151 AMENDED CERTIFICATE OF SERVICE for #150 Motion for Order to Show Cause by Plaintiff United States of America. (Doyle, Philip) |
| Filing 150 MOTION for Order to Show Cause; filed by Plaintiff United States of America. (Doyle, Philip) |
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Filing 149
IT IS ORDERED: A contempt hearing is set before the Honorable Andrew P. Gordon, on 9/17/15, at 2:00 p.m., in Courtroom 6C, 333 Las Vegas Blvd South, Las Vegas, Nevada 89101. See Order regarding filing a memorandum in support of attorneys' fees and costs. IT IS RECOMMENDED that Defendant Blenheim Trust Company, Ltd. and its Director, John Robilliard be HELD IN CIVIL CONTEMPT and FINED the sum of $1,000.00 per day until the Portfolio Summary Documents are submitted to the undersigned in camera. Signed by Magistrate Judge Peggy A. Leen on 8/26/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 148 NOTICE of Hearing on #147 MOTION for Protective Order : Motion Hearing set for 9/29/2015 at 9:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached)(TKH) |
| Filing 147 MOTION for Protective Order by Plaintiff United States of America. (Attachments: #1 Exhibit Notice of 30(b)(6) deposition, #2 Exhibit emails 3/6/15 through 3/12/15, #3 Exhibit letter 7/31/15, #4 Exhibit email 7/31/15, #5 Exhibit emails 4/1/15 through 4/15/15, #6 Exhibit Declaration by Donald J. Rodriguez, Jr.)(Doyle, Philip) |
| Filing 146 SUMMONS Returned Executed by Associated Enterprises Limited re #119 Answer to Complaint, Crossclaim. Oahu Limited Partnership served on 8/21/2015, answer due 9/11/2015. (Noto, Allyson) |
| Filing 145 SUPPLEMENTAL AFFIDAVIT of Jeffrey D. Lewin re #144 Order on Motion to Withdraw as Attorney; filed by Defendant Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) |
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Filing 144
ORDER Denying without prejudice #138 Emergency Motion to Withdraw as Counsel. Signed by Magistrate Judge Peggy A. Leen on 8/20/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 143 SUMMONS Returned Executed by United States of America re #120 Amended Complaint,,. Las Vegas Country Club Master Association served on 8/14/2015, answer due 9/4/2015. (Doyle, Philip) |
| Filing 142 SUMMONS Returned Executed by United States of America re #120 Amended Complaint,,. Clark County Treasurer served on 8/10/2015, answer due 8/31/2015. (Doyle, Philip) |
| Filing 141 ANSWER to #120 Amended Complaint,, filed by Clark County Treasurer.(Wittenberger, Shannon) |
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Filing 140
ORDER Granting #139 Motion to Extend Time for filing Motion for Protective Order and Motion for Summary Judgment. The United States shall have an extension of time until 8/25/2015, to file a Motion for Protective Order. The parties shall also have an extension of time until 9/11/2015, to file a Motion for Summary Judgment. Signed by Magistrate Judge Peggy A. Leen on 8/18/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 139 FIRST MOTION to Extend Time re: Motion for Protective Order and Motion for Summary Judgment; filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 138 Emergency AMENDED MOTION to Withdraw as Attorney filed by Jeffrey D. Lewin, Donald G. Rez, Elizabeth E. Stephens by Defendant Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) |
| Filing 137 Emergency MOTION to Withdraw as Attorney filed by Jeffrey D. Lewin, Donald G. Rez, Elizabeth E. Stephens by Defendant Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) |
| Filing 136 NOTICE of Electronic Service re: #120 Amended Complaint, filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 135 Summons Issued as to Clark County Treasurer, Las Vegas Country Club Master Association, and Regency Towers Association, Inc. (PS) |
| Filing 134 PROPOSED SUMMONS to be issued, filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 133 PROPOSED SUMMONS to be issued, filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 132 PROPOSED SUMMONS to be issued, filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 131 Summons Issued as to Oahu Limited Partnership. (MMM) |
| Filing 130 PROPOSED SUMMONS to be issued , filed by Cross Claimant Associated Enterprises Limited. (Noto, Allyson) |
| Filing 129 NOTICE: Attorney Action Required to #128 Proposed Summons to be issued: ERROR: Summons not issued due to information required by FRCP 4 (a)-(c), not properly entered. CORRECTION : Pursuant to FRCP 4 summons are to be 1. Name the Court and Parties. 2. Be directed to named defendants. 3. State the name and address of the attorney. Attorney Allyson R. Noto advised to download and complete updated "AO 440 (Rev. 6/12) Summons in a Civil Action" form from Court's Website www.nvd.uscourts.gov in accordance with FRCP 4 (a)-(c) and refile as a separate event using "Proposed Summons to be Issued" event. (no image attached)(RFJ) |
| Filing 128 ERROR: Summons not formatted in compliance with FRCP 4. CORRECTION: Attorney advised to refile summons pursuant to FRCP 4. PROPOSED SUMMONS to be issued, filed by Cross Claimant Associated Enterprises Limited, Defendant Associated Enterprises Limited. (Noto, Allyson) Modified on 7/27/2015 (RFJ). |
| Filing 127 AMENDED MINUTES OF PROCEEDINGS - Motion Hearing held on 7/21/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Phillip Doyle, Esq., Herbert Linder, Esq.; Def Counsel: Allyson Noto, Esq., Donald Rez, Esq.; Court Reporter/FTR #: 11:04:08 - 11:58:29; Time of Hearing: 11:00am; Courtroom: 3B; Government Counsel appears via telephone for these proceedings. The Court will hear a number of pending matters, and will begin with regards to Defendant Blenheim Trust's Response #103 to the Order to Show Cause and the arguments of Counsel as to whether sanctions should be imposed for Blenheim's failure to submit documentation in-camera as directed. IT IS ORDERED: The Court will certify contempt proceedings to the District Judge, finding that Defendant Blenheim Trust's has not shown cause why contempt sanctions should not be appropriate in this case for failing to comply with the Court's direction. A separate written Report will issue.With regards to the Government's Motion to Compel #116 , IT IS ORDERED: Government's Motion to Compel #116 is GRANTED. Defendant Blenheim has 30 days from today's date to provide full and complete responsive documents to the Government's requests at issue. Defendant Blenheim is being compelled to provide these documents, and this is not a voluntary directive. The Court makes findings for the record. With regards to the Government's Third Motion to Extend Time... #113 , IT IS ORDERED: Counsel have until 8/04/2015 to have a meaningful discussion to try to resolve their discovery issues without Court intervention. If the parties cannot resolve their issues among themselves, they will have until 8/18/2015 to file any motion they deem appropriate. Additionally, the parties will have until 8/28/2015 to file any Motion for Summary Judgement.Status Conference set for 9/24/2015 @ 9:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. A final Discovery Plan and Scheduling Order will be addressed at that time. (Copies have been distributed pursuant to the NEF - JAM) Modified on 7/24/2015 (JAM). |
| Filing 126 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/21/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Phillip Doyle, Esq., Herbert Linder, Esq.; Def Counsel: Allyson Noto, Esq., Donald Rez, Esq.; Court Reporter/FTR #: 11:04:08 - 11:58:29; Time of Hearing: 11:00am; Courtroom: 3B; Government Counsel appears via telephone for these proceedings. The Court will hear a number of pending matters, and will begin with regards to Defendant Blenheim Trust's Response #103 to the Order to Show Cause and the arguments of Counsel as to whether sanctions should be imposed for Blenheim's failure to submit documentation in-camera as directed. IT IS ORDERED: The Court will certify contempt proceedings to the District Judge, finding that Defendant Blenheim Trust's has not shown cause why contempt sanctions should not be appropriate in this case for failing to comply with the Court's direction. A separate written Report will issue.With regards to the Government's Motion to Compel #116 , IT IS ORDERED: Government's Motion to Compel #116 is GRANTED. Defendant Blenheim has 21 days from today's date to provide full and complete responsive documents to the Government's requests at issue. Defendant Blenheim is being compelled to provide these documents, and this is not a voluntary directive. The Court makes findings for the record. With regards to the Government's Third Motion to Extend Time... #113 , IT IS ORDERED: Counsel have until 8/04/2015 to have a meaningful discussion to try to resolve their discovery issues without Court intervention. If the parties cannot resolve their issues among themselves, they will have until 8/18/2015 to file any motion they deem appropriate. Additionally, the parties will have until 8/28/2015 to file any Motion for Summary Judgement.Status Conference set for 9/24/2015 @ 9:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. A final Discovery Plan and Scheduling Order will be addressed at that time. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 125 ANSWER to #120 Amended Complaint,, filed by Associated Enterprises Limited.(Noto, Allyson) |
| Filing 124 ANSWER to #119 Answer to Complaint, Crossclaim filed by United States of America.(Doyle, Philip) |
| Filing 123 REPLY to Response to #116 Motion to Compel, filed by Plaintiff United States of America. (Attachments: #1 Exhibit Tax Information Exchange Agreement)(Doyle, Philip) |
| Filing 122 ANSWER to #120 SECOND Amended Complaint, filed by Blenheim Trust Company, Ltd..(Lewin, Jeffrey) |
| Filing 121 RESPONSE to #116 Motion to Compel,, filed by Defendant Blenheim Trust Co.,Ltd., as Trustee of Kihei International Trust . Replies due by 7/16/2015. (Attachments: #1 Declaration of Peter Howe)(Lewin, Jeffrey) Modified to reflect correct filing party on 7/6/2015 (DKJ). |
| Filing 120 SECOND AMENDED COMPLAINT against Anderson Attic, Inc., Associated Enterprises Limited, Blenheim Trust Company, Ltd., Molokai Limited Partnership, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff, United Realty, Inc., Blenheim Trust Co.,Ltd., as Trustee of VIP International Trust, Lakeland, Inc., Clark County Treasurer, Regency Towers Association, Inc., Las Vegas Country Club Master Association, filed by United States of America. Adds new parties. Proof of service due by 10/27/2015. (Doyle, Philip) |
| Filing 119 AMENDED ANSWER to Complaint, CROSSCLAIM against Oahu Limited Partnership filed by Associated Enterprises Limited.(Noto, Allyson) |
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Filing 118
ORDER GRANTING #98 Plaintiff, United States' Motion to Amend Complaint. The United States shall file the proposed superseding 2ND Amended Complaint within 10 days of entry of this order. IT IS FURTHER ORDERED that #99 Defendant Associated Enterprises Limited's Motion for leave to file Amended Answer and Cross-claim is GRANTED. Associated Enterprise shall file proposed Amended Answer and Cross-claim within 10 days of entry of this order. IT IS FURTHER ORDERED that Plaintiff, United States' #78 Motion to Amend is DENIED as moot. Signed by Judge Andrew P. Gordon on 5/25/2015. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 117 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/25/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Philip Doyle, AUSA (via telephone); Def Counsel: Allyson Noto, Esq., Donald Rez., Esq.; Court Reporter/FTR #: 10:31:05 - 10:44:32; Time of Hearing: 10:30am; Courtroom: 3B; The Court has scheduled these proceedings concerning the Government's Third Motion to Extend Time #112 . The Court informs Counsel that a separate written Order will soon be filed which will address Plaintiff's Motion to File Amended Complaint #98 and Defendant Associate Enterprise Limited's Motion to file Amended Answer #99 . The Court hears the respective positions of Counsel regarding the Motion to Extend Time #112 and notes that the Plaintiff recently filed a Motion to Compel #116 . The Court will consolidate these issues into one Oral Argument Hearing. IT IS ORDERED: Consolidated Oral Argument Hearing set for 7/21/2015 @ 11:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. The Court will extend discovery deadlines until that date. The Court hears the respective positions of Counsel concerning the Court's Order #97 . The Court will lift the provision stated in the Order which stated that Government Counsel did not need to respond to discovery requests made by Blenheim.(no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 116 MOTION to Compel filed by Plaintiff United States of America. Responses due by 7/9/2015. (Attachments: #1 Exhibit USA's Second Request for Documents to Blenheim Trust Co., #2 Exhibit USA's First Set of Interrogatories to Blenheim Trust Co., #3 Exhibit Blenheim Trust Company's Response to Second Request for Documents, #4 Exhibit Blenheim trust Company's Response to USA's First Set of Interrogatories)(Doyle, Philip) |
| Filing 115 NOTICE of Hearing on #112 THIRD MOTION to Extend Time re: #90 Scheduling Order: Motion Hearing set for 6/25/2015 10:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. A Show Cause Hearing is also scheduled for the same date and time.(no image attached)(TKH) |
| Filing 114 Reply re #109 MEMORANDUM re #103 Response ; filed by Defendant Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) |
| Filing 113 NOTICE re #109 Brief, filed by Blenheim Trust Company, Ltd.. (Lewin, Jeffrey) |
| Filing 112 THIRD MOTION to Extend Time re: #90 Scheduling Order, filed by Plaintiff United States of America. (Doyle, Philip) |
| Filing 111 NOTICE; filed by United States of America. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Linder, Herbert) |
| Filing 110 NOTICE of Lis Pendens by Defendant Associated Enterprises Limited. (Noto, Allyson) |
| Filing 109 MEMORANDUM re #103 Response to Order to Show Cause; filed by Plaintiff United States of America. (Attachments: #1 Exhibit USA's request for documents to Blenheim Trust Co., #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Doyle, Philip) |
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Filing 108
ORDER Granting #102 Verified Petition for Permission to Practice Pro Hac Vice for Jeffrey D. Lewin as to Blenheim Trust Comapny, LTD and approving Elizabeth Stephens as Designation of Local Counsel. Signed by Judge Andrew P. Gordon on 5/26/2015. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DC)
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Filing 107
ORDER Granting #101 Verified Petition for Permission to Practice Pro Hac Vice for Donald G. Rez as to Blenheim Trust Company, LTD and approving Elizabeth E. Stephens as Designation of Local Counsel. Signed by Judge Andrew P. Gordon on 5/26/2015. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DC)
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| Filing 106 NOTICE of Corrected Image/Document re #101 Verified Petition for Permission to Practice Pro Hac Vice, by Defendant Blenheim Trust Company, Ltd.. (Service of corrected image is attached). (Attachments: #1 Certificate of Service)(Rez, Donald) |
| Filing 105 NOTICE of Corrected Image/Document re #102 Verified Petition for Permission to Practice Pro Hac Vice, by Defendant Blenheim Trust Company, Ltd.. (Service of corrected image is attached). (Attachments: #1 Certificate of Service)(Lewin, Jeffrey) |
| Filing 104 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 5/15/2015. By Judicial Assistant: Cathy Stuchell. RE: #101 and #102 Verified Petitions for Permission to Practice Pro Hac do not comply with LR 1A 10-2(a). ERROR: Out-of-state counsel executed page 5 of Petition, instead of its client. Certificates of Good Standing are missing from both Petitions. CORRECTION: Counsel is advised to have Petitions properly executed, attach Certificates of Good Standing to each Petition, and refile with the court under event "Notice of Corrected Image" linking to originally filed Petitions. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 103 RESPONSE TO ORDER TO SHOW CAUSE filed by Defendant Blenheim Trust Company, Ltd. (Attachments: #1 Declaration of John Robilliard, #2 Notice of Lodgment of Foreign Authorities, #3 Certificate of Service)(Stephens, Elizabeth) |
| Filing 102 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeffrey D. Lewin and DESIGNATION of Local Counsel Elizabeth E. Stephens (Filing fee $ 250 receipt number 0978-3666495) filed by Defendant Blenheim Trust Company, Ltd. (Attachments: #1 Certificate of Service)(Lewin, Jeffrey) Correct image #105 attached on 5/26/2015 (DKJ). |
| Filing 101 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Donald G. Rez and DESIGNATION of Local Counsel Elizabeth E. Stephens (Filing fee $ 250 receipt number 0978-3666489) filed by Defendant Blenheim Trust Company, Ltd.. (Attachments: #1 Certificate of Service)(Rez, Donald) Corrected image #106 attacjed on 5/26/2015 (DKJ). |
| Filing 100 NOTICE of Appearance by attorney Elizabeth E. Stephens on behalf of Defendant Blenheim Trust Company, Ltd.. (Attachments: #1 Certificate of Service)(Stephens, Elizabeth) |
| Filing 99 MOTION for Leave to File Amended Answer to Plaintiff's Amended Complaint to Assert a Cross-Claim by Defendant Associated Enterprises Limited. (Noto, Allyson) |
| Filing 98 MOTION for Leave to File Second Amended Complaint; filed by Plaintiff United States of America. (Attachments: #1 Appendix Proposed Second Amended Complaint)(Doyle, Philip) |
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Filing 97
ORDER granting #92 Emergency Motion to Withdraw as Attorney. Defendant Blenheim Trust Company, Ltd., as Trustee of Kihei International Trust, shall have until May 15, 2015, in which to retain new counsel who shall file a notice of appearance in accordance with the Local Rules of Practice. Failure to comply with this order may result in a recommendation to the District Judge for sanctions, including case-dispositive sanctions. The government need not respond to any outstanding discovery requests from Blenheim until further order of the court if and when Blenheim complies with the courts order to designate new counsel. The Clerk of Court shall serve a copy of this Order on at: Blenheim Trust Company, Ltd., Trustee of Kihei International Trust, Second Floor, St. Peters House, Le Bordage, St. Peter Port, Guernsey, UK GY1 1BR. Signed by Magistrate Judge Peggy A. Leen on 4/15/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 96 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/14/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Phillip Doyle, AUSA, Herbert Linder, AUSA; Def Counsel: Allyson Noto, Esq.; Court Reporter/FTR #: 11:02:58 - 11:20:08; Time of Hearing: 11:00am; Courtroom: 3B; The Court hears the positions of Counsel concerning Attorney Allyson Noto's Motion to Withdraw as Attorney for Defendant Blenheim Trust Company #92 . IT IS ORDERED: Attorney Allyson Noto's Motion to Withdraw as Attorney for Defendant Blenheim Trust Company #92 . Allyson R. Noto withdrawn from the case. Defendant Blenheim Trust Company will have 30 days to designate substitute counsel in full compliance with the Local Rules of Civil Procedure, as well as to show cause why contempt and/or other sanctions should not be imposed for it's willful failure, after being advised by counsel, to not produce the in-camera submission to the Court as previously ordered. The sanctions may be up to and including case dispositive sanctions. Additionally, Defendant Blenheim Trust Company shall not receive any discovery until they comply with this Court's orders. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 95 REPLY to Response to #92 MOTION to Withdraw as Attorney by Allyson R. Noto, Esq. filed by Defendant Blenheim Trust Company, Ltd.. (Noto, Allyson) |
| Filing 94 RESPONSE to #92 MOTION to Withdraw as Attorney, filed by Plaintiff United States of America. Replies due by 4/17/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Doyle, Philip) |
| Filing 93 NOTICE of Hearing on #92 MOTION to Withdraw as Attorney by Allyson R. Noto, Esq., and Status Check on production of portfolio summary. Motion Hearing and Status Check set for 4/14/2015, at 11:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached)(TKH) |
| Filing 92 MOTION to Withdraw as Attorney by Allyson R. Noto, Esq. by Defendant Blenheim Trust Company, Ltd.. (Noto, Allyson) |
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Filing 91
ORDER that defense counsel shall submit the portfolio summary discussed at the March 3, 2015, hearing to the court for in camera review in accordance with the provisions of LR 10-5 no later than Friday, April 3, 2015, by 4:30 p.m. Signed by Magistrate Judge Peggy A. Leen on 3/25/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing 90
SCHEDULING ORDER Granting #84 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) and to amend scheduling order re #77 Scheduling Order. Discovery due by 6/20/2015. Motions due by 7/14/2015. Proposed Joint Pretrial Order due by 8/19/2015. The hearing on the Motion to Extend Time #84 currently set for March 17,2015, is VACATED. Signed by Magistrate Judge Peggy A. Leen on 3/13/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 88 JOINDER to #84 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) and to amend scheduling order re #77 Scheduling Order, ; filed by Defendants Associated Enterprises Limited, Blenheim Trust Company, Ltd.. (Noto, Allyson) |
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Filing 87
ORDER granting #83 Motion to Extend Time to file a joint status report to February 27, 2015. Signed by Magistrate Judge Peggy A. Leen on 3/4/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 86 NOTICE of Hearing on #84 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) and to amend scheduling order re #77 Scheduling Order, : Motion Hearing set for 3/17/2015,at 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. (no image attached)(TKH) |
| Filing 89 MINUTES OF PROCEEDINGS before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Philip Doyle, AUSA; Def Counsel: Allyson Noto, Esq.; Court Reporter/FTR #: 11:02:33 - 11:37:37; Time of Hearing: 11:00am; Courtroom: 3B; The Court has reviewed Counsels' Proposed Joint Status Report #85 which concerns discovery disputes. The Court hears the representations of Counsel. IT IS ORDERED: The Court will DENY the proposed form of Protective Order as suggested by Counsel, and will dissolve the Temporary Protective Order previously established. The Court makes findings for the record. The Court will allow Defense Counsel to mark or redact documents, intended for public disclosure, of personal identifiers and account information pursuant to the Local Rules of Civil Procedure. No other Protective Order will be established as stated in open court. The Court hears additional representations concerning an additional document at issue as raised by Defense Counsel. The Court directs Defense Counsel to submit the document at issue in camera for the Court's review and the Court will issue a separate written Order. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 85 Joint STATUS REPORT by Plaintiff United States of America. (Attachments: #1 Exhibit Guernsey judgment, #2 Exhibit protective order proposed by Blenheim and rejected by United States)(Doyle, Philip) |
| Filing 84 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) and to amend scheduling order re #77 Scheduling Order, by Plaintiff United States of America. (Doyle, Philip) |
| Filing 83 Unopposed MOTION to Extend Time regarding discovery/nondispositive matter (First Request) to File Joint Status Report re #81 Discovery Hearing, by Plaintiff United States of America. (Doyle, Philip) |
| Filing 82 MINUTES OF PROCEEDINGS - Discovery dispute resolution conference held on 2/20/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Teresa Hoskin; Pla Counsel: Herb Linder; Def Counsel: Allyson Noto; Time of Hearing: 11:00 a.m.; After hearing the arguments of counsel the court compelled defense counsel to produce unredacted copies of the documents to the government. The documents were in the care, custody and control of the Defendants who are not covered by the automatic stay provisions of the Bankruptcy Code. The discovery requests were not directed to stayed entities, and the fact that the documents contain factual information about stayed entities is not grounds to prevent discovery of information relevant and discoverable within the meaning of Fed. R. Civ P. 26(b)(1) in this case. (Copies have been distributed pursuant to the NEF - DKJ) |
| Filing 81 MINUTES OF PROCEEDINGS - Discovery Dispute Resolution Hearing held on 2/12/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Teresa Hoskin; Pla Counsel: Philip Doyle; Def Counsel: Allyson Noto; Time of Hearing: 2:02 p.m.; Hearing set for 3/3/2015 11:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen . Joint Status Report due by 2/26/2015. (Copies have been distributed pursuant to the NEF - DKJ) |
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Filing 80
ORDER granting #79 Motion to admit government attorney to practice in the District of Nevada for Duration of Attorney's Government employment for Attorney Herbert W. Linder for United States of America. Signed by Judge Andrew P. Gordon on 12/23/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 79 MOTION for Leave to Appear Government Attorney. Attorney: Herbert Linder. by Plaintiff United States of America. Motion ripe 12/23/2014. (Wenthe, Roger) |
| Filing 78 MOTION to Amend/Correct Complaint re #16 Amended Complaint,. and to Join Additional Parties by Plaintiff United States of America. Responses due by 1/8/2015. (Attachments: #1 Appendix proposed Second Amended Complaint)(Doyle, Philip) |
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Filing 77
ORDER granting #72 MOTION to Amend/Correct #57 Scheduling Order. Discovery due by 3/22/2015. Motions due by 4/21/2015. Proposed Joint Pretrial Order due by 5/21/2015. Signed by Magistrate Judge Peggy A. Leen on 12/9/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 76 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/9/2014 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Phillip Doyle, AUSA, Herb Linder, AUSA; Def Counsel: none appearing; Court Reporter/FTR #: 11:13:50 - 11:17:22; Time of Hearing: 11:00am; Courtroom: 3B; Government Counsel is present via telephone. Defense Counsel had made prior arrangements to appear telephonically but, due to an undetermined technical issue, could not be connected to these proceedings. The Court notes that no opposition to the Motion to Correct/Amend... #72 has been filed. IT IS ORDERED: Plaintiff USA's Motion to Amend/Correct... #72 is GRANTED. (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 75 NOTICE of Hearing on #72 MOTION to Amend/Correct #57 Scheduling Order,. (First request) : Motion Hearing set for 12/9/2014 11:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen.Counsel shall be permitted to appear telephonically. Those wishing to appear telephonically are instructed to call Jeff Miller, Courtroom Deputy, at (702)464-5420 before 4:00 p.m., 12/8/2014, to indicate the name of the party participating and a telephone number where that party may be reached. The courtroom deputy will initiate the call for the hearing. (no image attached)(TKH) Modified on 12/3/2014 (TKH). |
| Filing 74 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 11/20/2014. By Judicial Assistant: Cathy Stuchell. RE: #68 Based on Notice of Non-Opposition #73 , Plaintiff's MOTION to Set Aside IS GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 73 NOTICE of No Opposition to Motion by Defendant Blenheim Trust Co., Ltd., to Set Aside Default by United States of America re #68 MOTION to Set Aside #66 Clerk's Entry of Default . (Doyle, Philip) |
| Filing 72 MOTION to Amend/Correct #57 Scheduling Order,. (First request) by Plaintiff United States of America. Responses due by 12/5/2014. (Doyle, Philip) |
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Filing 71
ORDER granting #70 Motion to admit Philip Doyle to practice in the District of Nevada for the duration of employment by the United States. Signed by Judge Andrew P. Gordon on 10/15/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 70 MOTION to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment by Plaintiff United States of America. Responses due by 10/31/2014. (Welsh, Blaine) |
| Filing 69 ANSWER to #16 Amended Complaint, filed by Blenheim Trust Company, Ltd..(Noto, Allyson) |
| Filing 68 MOTION to Set Aside #66 Clerk's Entry of Default by Defendant Blenheim Trust Company, Ltd.. Responses due by 10/19/2014. (Noto, Allyson) |
| Filing 67 Mail Returned as Undeliverable re #66 Clerk's Entry of Default addressed to Corey Beck. Envelope marked Return to Sender - Unable to Forward. Address updated to: 425 South 6th Street, Las Vegas, NV 89101 as listed on #58 Motion. Clerk to resend document. (SLD) |
| Filing 66 Clerk's ENTRY OF DEFAULT as to Blenheim Trust Company, Ltd. re #65 MOTION for Entry of Clerks Default as to Defendant Blenheim Trust Company, Ltd. (DKJ) Set aside per 74 Minute order. (ASB) |
| Filing 65 MOTION for Entry of Clerks Default as to Defendant Blenheim Trust Company, Ltd. by Plaintiff United States of America. Motion ripe 9/8/2014. (Attachments: #1 Declaration of Allie C. Yang-Green)(Yang-Green, Allie) |
| Filing 64 NOTICE of Discharge by United States of America. (Attachments: #1 Exhibit A - discharge order)(Yang-Green, Allie) |
| Filing 63 NOTICE of Appearance by attorney Jeffrey R Sylvester on behalf of Defendant Associated Enterprises Limited. (Sylvester, Jeffrey) |
| Filing 62 NOTICE by Gwendolyn S. Pivaroff, Ivan G. Pivaroff re #60 Order on Motion to Withdraw as Attorney. Defendants Ivan and Gwendolyn Pivaroff will defend themselves Pro Se. (DKJ) |
| Filing 61 AMENDED STATEMENT of Ivan and Gwendolyn Pivaroff re #60 Order on Motion to Withdraw as Attorney. Defendants Gwendolyn S. Pivaroff and Ivan G. Pivaroff will defend themselves Pro Se. (DKJ) |
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Filing 60
ORDER granting #58 Motion to Withdraw as Attorney. Mark B Bailus and George P Kelesis withdrawn from the case. Defendants shall have until August 28, 2014, in which to retain new counsel. Failure to comply with this order may result in a recommendation to the District Judge for sanctions, including case-dispositive sanctions. Signed by Magistrate Judge Peggy A. Leen on 7/28/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 59 Mail Returned as Undeliverable re #57 Scheduling Order, addressed to Corey Beck. No New Address, Did Not Resend. (DKJ) |
| Filing 58 MOTION to Withdraw as Attorney of Record by Mark B. Bailus, Esq. by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. Motion ripe 7/24/2014. (Bailus, Mark) |
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Filing 57
SCHEDULING ORDER granting #56 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/22/2014. Dispositive Motions due by 1/21/2015. Pretrial Order due by 2/20/2015. Signed by Magistrate Judge Peggy A. Leen on 7/23/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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| Filing 56 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff United States of America Submitted in Compliance with LR 26-1(e). (Yang-Green, Allie) |
| Filing 55 Mail Returned as Undeliverable re #54 Order on Stipulation, addressed to Attorney Corey Beck. No New Address, Did Not Resend. (SLR) |
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Filing 54
ORDER ON STIPULATION Granting #53 STIPULATION to Withdraw or Set Aside #51 MOTION for Entry of Clerks Default. Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, and Ivan G. Pivaroff answer to Count 2 of #16 Amended Complaint due 6/25/2014. Signed by Judge Andrew P. Gordon on 6/25/2014. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 53 STIPULATION re #51 MOTION for Entry of Clerks Default of Ivan Pivaroff, Gwendolyn Pivaroff, Oahu Limited Partnership, and Associated Enterprises Limited ; Stipulation to Withdraw or, in the Alternative, to Set Aside Entry of Default and Set Aside Answer Due Date for Defendants Ivan Pivaroff, Gwendolyn Pivaroff, Oahu Limited Partnership and Associated Enterprises Limited by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (Bailus, Mark) |
| Filing 52 ANSWER to #16 Amended Complaint, filed by Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff.(Bailus, Mark) |
| Filing 51 MOTION for Entry of Clerks Default of Ivan Pivaroff, Gwendolyn Pivaroff, Oahu Limited Partnership, and Associated Enterprises Limited by Plaintiff United States of America. Motion ripe 6/19/2014. (Attachments: #1 Declaration of Allie C. Yang-Green, #2 Proposed Order)(Yang-Green, Allie) |
| Filing 50 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 5/29/2014. By Judicial Assistant: Cathy Stuchell. RE: #18 MOTION for Preliminary Injunction. The United States Bankruptcy Court's May 20, 2014 Order lifted the automatic stay to allow Plaintiff to enforce its federal tax liens against real property. (See Dkt. #49-1.) Plaintiff's Motion for Preliminary Injunction seeks relief regarding personal property and funds. At present, such relief would violate the automatic stay. Thus, Plaintiff's Motion is DENIED WITHOUT PREJUDICE. RE: #23 MOTION to Dismiss Plaintiff's Amended Complaint. Plaintiff's Amended Complaint was timely filed under Fed.R.Civ.P. 15(a)(1) and 6(d). Defendant's Motion is DENIED. RE: #40 MOTION for Order Granting United States' Motion for Preliminary Injunction Pursuant to Local Rule 7-2 is DENIED as moot. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 49 NOTICE of Bankruptcy filed by United States of America. (Attachments: #1 Exhibit A - bankruptcy court order)(Yang-Green, Allie) |
| Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 4/1/2014. By Judicial Assistant: Cathy Stuchell. RE: #47 NOTICE OF WITHDRAWAL. At the request of the Defendants, the Notice of Removal [#45] is deemed withdrawn. The Government's motion to strike [#46] is, accordingly, denied as moot. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 47 NOTICE OF WITHDRAWAL of #45 Notice of Removal to United States Bankruptcy Court filed Gwendolyn S. Pivaroff and Ivan G. Pivaroff. (AC) |
| Filing 46 MOTION to Strike #45 Notice (Other) by Plaintiff United States of America. Responses due by 3/30/2014. (Attachments: #1 Proposed Order)(Yang-Green, Allie) |
| Filing 45 NOTICE of Removal to United States Bankruptcy Court filed by Gwendolyn S. Pivaroff and Ivan G. Pivaroff. (AC) |
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Filing 44
ORDER ON STIPULATION Granting #43 Stipulation to Stay Hearing on #18 Motion for Preliminary Injunction. Signed by Judge Andrew P. Gordon on 02/05/2014. (Copies have been distributed pursuant to the NEF - AC)
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| Filing 43 STIPULATION re #18 MOTION for Preliminary Injunction ; by Plaintiff United States of America. (Yang-Green, Allie) |
| Filing 42 NOTICE OF BANKRUPTCY Upon the Record as to Ivan Pivaroff and Gwen PIvaroff by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff (Attachments: #1 Exhibit A)(Bailus, Mark) |
| Filing 41 REPLY to Response to #18 MOTION for Preliminary Injunction filed by Plaintiff United States of America. (Yang-Green, Allie) |
| Filing 40 MOTION for Order Granting United States' Motion for Preliminary Injunction Pursuant to Local Rule 7-2 by Plaintiff United States of America. Responses due by 2/16/2014. (Yang-Green, Allie) |
| Filing 39 SUMMONS Returned Executed by United States of America re #17 Summons Issued, #16 Amended Complaint,. Blenheim Trust Company, Ltd. served on 1/14/2014, answer due 2/4/2014. (Attachments: #1 Exhibit A - USPS printout)(Yang-Green, Allie) |
| Filing 38 RESPONSE to #18 MOTION for Preliminary Injunction, filed by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. Replies due by 2/2/2014. (Bailus, Mark) |
| Filing 37 SUMMONS Returned Executed by United States of America re #16 Amended Complaint,. United Realty, Inc. served on 1/13/2014, answer due 2/3/2014. (Yang-Green, Allie) |
| Filing 36 SUMMONS Returned Executed by United States of America re #16 Amended Complaint,. Molokai Limited Partnership served on 1/13/2014, answer due 2/3/2014. (Yang-Green, Allie) |
| Filing 35 SUMMONS Returned Executed by United States of America re #16 Amended Complaint,. Anderson Attic, Inc. served on 1/13/2014, answer due 2/3/2014. (Yang-Green, Allie) |
| Filing 34 REPLY to Response to #23 MOTION to Dismiss Plaintiff's Amended Complaint filed by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (Bailus, Mark) |
| Filing 33 CERTIFICATE OF SERVICE for #18 MOTION for Preliminary Injunction, #32 Order on Motion,,,, Set/Reset Motion and R&R Deadlines/Hearings, by Plaintiff United States of America. (Yang-Green, Allie) |
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Filing 32
ORDER Granting #29 Plaintiff's Motion for Expedited Hearing on #18 Motion for Preliminary Injunction. Evidentiary Hearing re: #18 Motion for Preliminary Injunction set for 2/3/2014 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 01/13/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing 31
ORDER ON STIPULATION Granting #30 Stipulation for Disclaimer of Interest and Dismissal Ally Financial, Inc. Ally Financial, Inc. terminated. Signed by Judge Andrew P. Gordon on 01/10/2014. (Copies have been distributed pursuant to the NEF - AC)
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| Filing 30 STIPULATION for Disclaimer of Interest and Dismissal of Defendant Ally Financial, Inc. by Plaintiff United States of America. (Yang-Green, Allie) |
| Filing 29 MOTION for Expedited Hearing on the Unite States' Motion for Preliminary Injunction re #18 MOTION for Preliminary Injunction by Plaintiff United States of America. Responses due by 1/26/2014. (Attachments: #1 Declaration Declaration by Allie Yang-Green, #2 Exhibit A - Email to Bailus, #3 Exhibit B - Service Status Emails, #4 Exhibit C - Email to Pivaroff, #5 Proposed Order)(Yang-Green, Allie) |
| Filing 28 CERTIFICATE OF MAILING re #16 Amended Complaint by Plaintiff United States of America as to Defendant Blenheim Trust Company, LTD. Delivered to USPS on 1/6/2014. (AC) |
| Filing 27 RESPONSE to #23 MOTION to Dismiss Plaintiff's Amended Complaint, filed by Plaintiff United States of America. Replies due by 1/16/2014. (Yang-Green, Allie) |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 1/3/2014. By Judicial Assistant: Cathy Stuchell. RE: 24 EX PARTE MOTION for Extension of Time to File Opposition to United States' Motion for Preliminary Injunction (First Request) filed by Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. Defendants Ivan G. Pivaroff, Gwen S. Pivaroff, Oahu Limited Partnership, Associated Enterprises Limited have filed an Ex Parte Motion for an extension of time 24 . Local Rule 7-5(b) requires all ex parte motions to "contain a statement showing good cause why the matter was submitted to the Court without notice to all parties." Defendants' Motion does not contain such a statement, and the Court sees no good cause why the Motion was not served on all other parties. To the extent Defendants' counsel intended to file the Motion as an Emergency Motion, rather than an Ex Parte Motion, he should have labeled it as such and complied with Local Rule 7-5(d). Given the exigencies of this matter, this violation of Local Rules will be excused this time. However, future failures to comply with the Local Rules will result in the denial of motions. Nevertheless, Defendants' Motion is GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 25 CERTIFICATE OF SERVICE for 24 EX PARTE MOTION for Extension of Time to File Opposition to United States' Motion for Preliminary Injunction (First Request) by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. (Bailus, Mark) |
| Filing 23 MOTION to Dismiss Plaintiff's Amended Complaint by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. Responses due by 1/20/2014. (Bailus, Mark) |
| Filing 22 CERTIFICATE of Interested Parties filed by Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. There are no known interested parties other than those participating in the case . (Bailus, Mark) |
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Filing 21
ORDER for Certificate of Interested Parties. IT IS ORDERED that counsel for Defendants Ivan G. Pivaroff, Gwendolyn S. Pivaroff, Oahu Limited Partnership, and Associated Enterprises Limited shall have until 1/9/14 to fully comply with the provisions of Local Rule 7.1-1. Certificate of Interested Parties due by 1/9/2014. Signed by Magistrate Judge Peggy A. Leen on 12/26/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 20 WITHDRAWAL of Motion re #13 MOTION to Dismiss and/or Strike or, in the Alternative, for a More Definite Statement, #14 MOTION for Hearing Defendants' Request for Oral Argument re #13 MOTION to Dismiss and/or Strike or, in the Alternative, for a More Definite Statement ; by Defendants Associated Enterprises Limited, Blenheim Trust Company, Ltd., Molokai Limited Partnership, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff . (Kelesis, George) |
| Filing 19 EXHIBIT(s) 21 through 55 to #18 MOTION for Preliminary Injunction ; filed by Plaintiff United States of America. (Attachments: #1 Exhibit 21- Kauai agreement, #2 Exhibit 22- merger letter, #3 Exhibit 23- articles of merger, #4 Exhibit 24 - Dean Witter transfer to Kauai, #5 Exhibit 25 - Kauai 2011 return, #6 Exhibit 26 - Kauai 2012 ledgers, #7 Exhibit 27 - Morgan Stanley document for Kauai, #8 Exhibit 28 - Lanai agreement, #9 Exhibit 29 - Lanai 2010 return, #10 Exhibit 30 - merger letter, #11 Exhibit 31 - articles of merger, #12 Exhibit 32 - art transfer, #13 Exhibit 33 - jewelry transfer, #14 Exhibit 34 - other Lanai transfers, #15 Exhibit 35 - Lanai ledgers, #16 Exhibit 36- car insurance, #17 Exhibit 37 - AAI 2010 return, #18 Exhibit 38 - AAI 2008 ledgers, #19 Exhibit 39 - AAI bank documents, #20 Exhibit 40 - AAI 2011 ledgers, #21 Exhibit 41 - AAI stock certificate, #22 Exhibit 42 - URI 2008 return, #23 Exhibit 43 - URI stock certificate, #24 Exhibit 44 - URI 2008 ledgers, #25 Exhibit 45 - URI medical plan, #26 Exhibit 46 - URI bank documents, #27 Exhibit 47 - Trust agreement, #28 Exhibit 48 - assignment of partnership interest, #29 Exhibit 49 - Trust Form 3520, #30 Exhibit 50 - Ivan Pivaroff response to second document request, #31 Exhibit 51 - Country club documents, #32 Exhibit 52 - URI corporate info, #33 Exhibit 53 - AAI corporate info, #34 Exhibit 54 - Residence county assessor info, #35 Exhibit 55 - Residence Zillow info)(Yang-Green, Allie) |
| Filing 18 MOTION for Preliminary Injunction by Plaintiff United States of America. Responses due by 1/9/2014. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Declaration by Roseanne Miller, #4 Exhibit 1 - 1980 and 1982 transcripts, #5 Exhibit 2 - 1983 and 1986 transcripts, #6 Declaration by Allie Yang-Green, #7 Exhibit 3 - tax court docket sheet, #8 Exhibit 4 - tax court stipulation, #9 Exhibit 5 - tax court decision, #10 Exhibit 6 - tax court 1983 case, #11 Exhibit 7 - tax court 1986 case, #12 Exhibit 8 - Ivan Pivaroff interrogatory answer, #13 Exhibit 9- Gwendolyn Pivaroff interrogatory answer, #14 Exhibit 10 - Ivan Pivaroff cover letter, #15 Exhibit 11 - Pivaroff 2010 return, #16 Exhibit 12 - Pivaroff 2011 return, #17 Exhibit 13 - offshore funds tax filings, #18 Exhibit 14 - Oahu LP agreement, #19 Exhibit 15 - Oahu ledgers 2010, #20 Exhibit 16 - Molokai agreement, #21 Exhibit 17 - Molokai 2009 return, #22 Exhibit 18 - Dean Witter transfer to Molokai, #23 Exhibit 19 - Country club membership, #24 Exhibit 20 - Molokai ledgers 2011)(Yang-Green, Allie) |
| Filing 17 Summons Issued as to Ally Financial, Inc., Anderson Attic, Inc., Blenheim Trust Company, Ltd., Molokai Limited Partnership, and United Realty, Inc. (ASB) |
| Filing 16 AMENDED COMPLAINT against All Defendants, filed by United States of America. Adds new parties. Proof of service due by 4/19/2014. (Attachments: #1 Summons Molokai Limited Partnership, #2 Summons Anderson Attic, Inc., #3 Summons United Realty, Inc., #4 Summons Blenheim Trust Company, Ltd., #5 Summons Ally Financial, Inc.) (Yang-Green, Allie) |
| Filing 15 RESPONSE to #13 MOTION to Dismiss and/or Strike or, in the Alternative, for a More Definite Statement, filed by Plaintiff United States of America. Replies due by 12/23/2013. (Yang-Green, Allie) |
| Filing 14 MOTION for Hearing Defendants' Request for Oral Argument re #13 MOTION to Dismiss and/or Strike or, in the Alternative, for a More Definite Statement by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. Motion ripe 11/27/2013. (Bailus, Mark) |
| Filing 13 MOTION to Dismiss and/or Strike or, in the Alternative, for a More Definite Statement by Defendants Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff. Responses due by 12/13/2013. Certificate of Interested Parties due by 12/6/2013. Discovery Plan/Scheduling Order due by 1/10/2014. (Bailus, Mark) |
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Filing 12
ORDER ON STIPULATION Granting #11 Stipulation to Set Aside Entry of Default and Set Answer Due Date. Associated Enterprises Limited answer due 11/26/2013. Signed by Judge Andrew P. Gordon on 10/29/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 11 STIPULATION re #10 Order on Motion for Entry of Clerks Default ; To Set Aside Entry of Default and Set Answer Due Date For Defendant Associated Enterprises Limited (and Proposed Order) by Plaintiff United States of America. (Yang-Green, Allie) |
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Filing 10
SET ASIDE per #12 ORDER (MMM) ORDER Granting #9 Motion for Entry of Clerks Default as to Associated Enterprises Limited. Signed by Judge Andrew P. Gordon on 10/21/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 9 MOTION for Entry of Clerks Default on Associated Enterprises Limited by Plaintiff United States of America. Motion ripe 10/18/2013. (Attachments: #1 Declaration by Allie Yang-Green, #2 Exhibit A - delivery tracking, #3 Proposed Order)(Yang-Green, Allie) |
| Filing 8 WAIVER OF SERVICE Returned Executed by United States of America. Oahu Limited Partnership waiver sent on 9/27/2013, answer due 11/26/2013. (Yang-Green, Allie) |
| Filing 7 WAIVER OF SERVICE Returned Executed by United States of America. Gwendolyn S. Pivaroff waiver sent on 9/27/2013, answer due 11/26/2013. (Yang-Green, Allie) |
| Filing 6 WAIVER OF SERVICE Returned Executed by United States of America. Ivan G. Pivaroff waiver sent on 9/27/2013, answer due 11/26/2013. (Yang-Green, Allie) |
| Filing 5 CERTIFICATE OF MAILING re #1 Complaint, as to Defendant Associated Enterprises Limited, by Plaintiff United States of America. (MMM) |
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Filing 4
ORDER Granting #3 Motion for Leave to Appear as Government Attorney by Allie C. Yang-Green. Signed by Judge Andrew P. Gordon on 8/21/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 3 MOTION for Leave to Appear Government Attorney. Attorney: Allie C. Yang-Green. by Plaintiff United States of America. Motion ripe 8/21/2013. (Welsh, Blaine) |
| Filing 2 Summons Issued as to Associated Enterprises Limited, Oahu Limited Partnership, Gwendolyn S. Pivaroff, Ivan G. Pivaroff re #1 Complaint. (MAJ) |
| Filing 1 COMPLAINT against All Defendants, filed by United States of America. Certificate of Interested Parties due by 8/31/2013. Proof of service due by 12/19/2013. (Attachments: #1 Civil Cover Sheet, #2 Summons for Ivan G. Pivaroff, #3 Summons for Gwendolyn S. Pivaroff, #4 Summons for Oahu Limited Partnership, #5 Summons for Associated Enterprises Limited) (Lowe, Virginia) |
| Case assigned to Judge Andrew P. Gordon and Magistrate Judge Peggy A. Leen. (MAJ) |
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