Securities and Exchange Commission v. Shustek et al
| Securities and Exchange Commission |
| Michael V. Shustek and Vestin Mortgage LLC |
| 2:2021cv01416 |
| July 29, 2021 |
| US District Court for the District of Nevada |
| James C Mahan |
| Brenda Weksler |
| Securities/Commodities |
| 12 U.S.C. § 22 Securities Fraud |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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Filing 56
Fourth STIPULATION TO STAY DISCOVERY and Proposed Order by Plaintiff Securities and Exchange Commission. (Han, John) (stay) (nondispositive)
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Filing 55
MINUTES OF PROCEEDINGS - A continued Settlement Conference was held on 5/5/2023 before Magistrate Judge Brenda Weksler. Pla Counsel: John K. Han, Ruth Landis Hawley, Jason Lee, Sheila E. O'Callaghan; Def Counsel: Manuel Abascal, Rachel McCarthy Bosley; Time of Hearing: 2:00 p.m. to 2:13 p.m.In addition to counsel, insurance carrier RSUI's counsel Jordan Ziolkowski from Bailey Cavalieri were present on behalf of Defendants. The Court heard presentations from counsel and the parties. The parties are closer to settling the matter and need additional time to continue negotiations. Thus, the parties will reconvene this Settlement Conference by Zoom video conference on September 7, 2023 at 1:00 p.m. before Magistrate Judge Brenda Weksler. The Court will circulate a new Zoom invitation. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 54
ORDER Granting #53 Stipulation to Stay Discovery and Modifying Case Schedule. Discovery due by 7/26/2023. Motions due by 8/28/2023. Proposed Joint Pretrial Order due by 11/20/2023. Signed by Magistrate Judge Brenda Weksler on 4/19/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 53
Third STIPULATION TO STAY DISCOVERY and Proposed Order Modifying Case Schedule by Plaintiff Securities and Exchange Commission. (O'Callaghan, Sheila) (stay) (nondispositive)
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Filing 52
MINUTES OF PROCEEDINGS - A Settlement Conference was held on 4/13/2023 before Magistrate Judge Brenda Weksler. Pla Counsel: John K. Han, Ruth Landis Hawley, Jason Lee, Sheila E. O'Callaghan; Def Counsel: Manuel Abascal, Rachel McCarthy Bosley, Craig Burr, David Doto; Time of Hearing: 10:00 a.m. to 12:18 p.m.In addition to counsel, Doug Perry of insurance carrier RSUI and RSUI's counsel Jordan Ziolkowski from Bailey Cavalieri were present on behalf of Defendants. The Court heard presentations from counsel and the parties. Offers and counteroffers were exchanged. A settlement was not reached but the parties desire to continue negotiations. Thus, the parties will reconvene this Settlement Conference by Zoom video conference on May 5, 2023 at 2:00 p.m. before Magistrate Judge Brenda Weksler. The Court will circulate a new Zoom invitation. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 49
ORDER Granting #48 Stipulation to Stay Discovery and Modifying Case Schedule. Discovery due by 7/5/2023. Motions due by 8/7/2023. Proposed Joint Pretrial Order due by 10/30/2023. Signed by Magistrate Judge Brenda Weksler on 3/14/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 48
Joint STIPULATION TO STAY DISCOVERY and Proposed Order Modifying Case Schedule by Plaintiff Securities and Exchange Commission. (O'Callaghan, Sheila) (stay) (nondispositive)
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Filing 51
MINUTES OF PROCEEDINGS - A Settlement Conference was held on 3/7/2023 before Magistrate Judge Brenda Weksler. Pla Counsel: John K. Han, Ruth Landis Hawley, Jason Lee, Sheila E. O'Callaghan; Def Counsel: Manuel Abascal, Rachel McCarthy Bosley, Craig Burr, David Doto; Time of Hearing: 10:00 a.m. to 2:27 p.m.In addition to counsel, Doug Perry of insurance carrier RSUI and RSUI's counsel Jordan Ziolkowski from Bailey Cavalieri were present on behalf of Defendants. The Court heard presentations from counsel and the parties. Offers and counteroffers were exchanged. A settlement was not reached but the parties desire to continue negotiations. Thus, the parties will reconvene this Settlement Conference by Zoom video conference on 4/13/2023 at 10:00 a.m. before Magistrate Judge Brenda Weksler. The Court will circulate a new Zoom invitation.(no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 50
MINUTES OF PROCEEDINGS - A pre-Settlement Conference Telephonic Conference was held on 3/6/2023 before Magistrate Judge Brenda Weksler. Pla Counsel: John K. Han, Ruth Landis Hawley, Jason Lee, Sheila E. O'Callaghan; Def Counsel: Manuel Abascal, Rachel McCarthy Bosley, Joseph R. Ganley; Time of Hearing: 3:00 p.m. to 3:05 p.m. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 47
ORDER Granting #46 Stipulation for Extension of Time. Discovery due by 5/31/2023. Motions due by 7/3/2023. Proposed Joint Pretrial Order due by 9/25/2023. Signed by Magistrate Judge Brenda Weksler on 2/27/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 46
Joint STIPULATION FOR EXTENSION OF TIME (Second Request) re #45 Order on Stipulation,, Order on Motion to Compel,,, by Plaintiff Securities and Exchange Commission. (O'Callaghan, Sheila) (extend) (discovery)
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Filing 45
ORDER Granting in part and Denying in part #44 Stipulation to Stay Discovery and Modify Case Schedule. IT IS FURTHER ORDERED that #21 Motion to Compel is Denied without prejudice. See Order for Details. Signed by Magistrate Judge Brenda Weksler on 2/15/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 44
Joint STIPULATION TO STAY DISCOVERY and Modify Case Schedule re 34 Order on Motion to Extend/Shorten Time,,,,, Motion Hearing,,,, by Plaintiff Securities and Exchange Commission. (O'Callaghan, Sheila) (stay) (nondispositive)
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Filing 43
ORDER setting Settlement Conference. Settlement Conference set for 3/7/2023 at 10:00 AM in LV Chambers - Videoconference before Magistrate Judge Brenda Weksler. See Order for further specifications and deadlines. Signed by Magistrate Judge Brenda Weksler on 1/31/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Filing 42
ORDER Granting in part and Denying in part #41 Stipulation to Enter Into Mediation. The Court will set this matter for a settlement conference with the assigned magistrate judge. But, unfortunately, the Court is unavailable on the parties' requested dates. Accordingly, the Court will schedule the settlement conference for 3/7/2023 and issue a separate scheduling order. If the parties are unavailable on that date, they may contact chambers to find a date that the Court and all parties are available. Signed by Magistrate Judge Brenda Weksler on 1/31/2023. (Copies have been distributed pursuant to the NEF - TRW)
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Filing 41
Joint STIPULATION and [Proposed] Order to Enter Into Mediation by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Abascal, Manuel) (other) (nondispositive)
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Filing 40
ORDER Granting #37 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Dylan J. Meier for Michael V. Shustek, Vestin Mortgage LLC and approving Designation of Local Counsel Joseph R Ganley. Signed by Judge James C. Mahan on 1/18/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 39
ORDER Granting #36 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rachel McCarthy Bosley for Michael V. Shustek, Vestin Mortgage LLC and approving Designation of Local Counsel Joseph R Ganley. Signed by Judge James C. Mahan on 1/18/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 38
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 1/17/2023. By Deputy Clerk: A. Reyes Re: #36 Motion for Permission to Practice Pro Hac Vice - Verified Petition, IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #36 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Rachel McCarthy Bosley, shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3, of the Verified Petition.Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event, and link to the original filing. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee.(no image attached) (Copies have been distributed pursuant to the NEF - ADR)
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Filing 37
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Dylan J. Meier and DESIGNATION of Local Counsel Joseph R. Ganley (Filing fee $ 250 receipt number ANVDC-7172712) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Ganley, Joseph)
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Filing 36
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rachel McCarthy Bosley and DESIGNATION of Local Counsel Joseph R. Ganley (Filing fee $ 250 receipt number ANVDC-7172700) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Ganley, Joseph)
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Filing 35
TRANSCRIPT of Proceedings, 34 Order on Motion to Extend/Shorten Time, Motion Hearing,held on 08/01/2022, before Magistrate Judge Brenda Weksler. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 2:05 p.m. - 2:40 p.m.. Any Redaction Request is due by 9/1/2022. Redacted Transcript Deadline is set for 9/11/2022. Release of the Transcript Restriction is set for 11/9/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
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Filing 34
MINUTES OF PROCEEDINGS - Motion Hearing held on 8/1/2022 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Ruth Hawley, Esq., Sheila O'Callaghan, Esq., John Han, Esq.; Def Counsel: Piers Tueller, Esq., Manuel Abascal, Esq., Michael Galdes, Esq.; Time of Hearing: 2:00pm; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 2:05:47 - 2:40:26; Courtroom: 3B; The Court scheduled these proceedings regarding Plaintiff's Motion to Compel #21 and Motion to Extend Time #24 . The Court has reviewed the related briefing and hears the arguments of Counsel. The Court will take Plaintiff's Motion to Compel #21 under advisement. IT IS ORDERED: Plaintiff's Motion to Extend Time #24 is GRANTED, and the Court adopts the schedule detailed in the motion. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
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Filing 33
NOTICE of Appearance by attorney Sheila E. O'Callaghan on behalf of Plaintiff Securities and Exchange Commission. (O'Callaghan, Sheila)
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Filing 32
ORDER Granting #31 Motion for Leave to Supplement. Signed by Magistrate Judge Brenda Weksler on 7/29/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 31
MOTION for Leave to Supplement Opposition to #21 Motion to Compel re #27 Response, by Defendants Michael V. Shustek, Vestin Mortgage LLC. Responses due by 8/11/2022. (Attachments: #1 Exhibit C)(Abascal, Manuel) (misc) (discovery) Modified on 7/29/2022 to link document to underlying Motion (SLD). Modified on 7/29/2022 (SLD).
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Filing 30
DECLARATION re #29 Reply by Plaintiff Securities and Exchange Commission.. (Attachments: #1 Exhibit 19, #2 Exhibit 20)(Hawley, Ruth)
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Filing 29
REPLY to Response to #21 Motion to Compel, by Plaintiff Securities and Exchange Commission. (Han, John)
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Filing 28
DECLARATION of Jared Forbus re #27 Response by Defendants Michael V. Shustek, Vestin Mortgage LLC.. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Forbus, Jared)
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Filing 27
RESPONSE to #21 Motion to Compel, by Defendants Michael V. Shustek, Vestin Mortgage LLC. Replies due by 7/20/2022. (Abascal, Manuel)
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Attorney update in case: Attorney Piers R. Tueller added for Defendants for Michael V. Shustek and Vestin Mortgage LLC as listed on the #26 Notice of Appearance. (SLD)
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Filing 26
NOTICE of Appearance by Michael V. Shustek, Vestin Mortgage LLC.. (Ganley, Joseph)
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Filing 25
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 7/5/2022. Re: #21 Motion to Compel and #24 First Motion to Extend Time. Motion Hearing set for 8/1/2022 at 2:00 PM in LV Courtroom 3B. The parties and participants in this hearing may appear in person or via videoconference utilizing Zoom. To appear via Zoom, the parties are directed to contact Courtroom Administrator Jeff Miller at Jeff_Miller@nvd.uscourts.gov the day before the hearing to provide email addresses where their Zoom Conference invitations can be sent.(no image attached) (Copies have been distributed pursuant to the NEF - EmG)
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Filing 24
First MOTION to Extend Time (First Request) re #22 Declaration, #21 Motion to Compel, by Plaintiff Securities and Exchange Commission. (Attachments: #1 Certificate of Service) (Zhou, David)
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Filing 23
CLERK'S NOTICE. Attorney Action Required to ECF No. #21 . Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed.Attorney David Zhou is advised to refile ECF No. #21 as a Motion for Extension of Time re Discovery and Case Management Schedule using the same PDF image the appropriate document event to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each request or purpose. Do not refile it as a Motion to Compel. (no image attached) (SLD)
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Filing 22
DECLARATION re #21 Motion to Compel, by Plaintiff Securities and Exchange Commission. (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, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit) (Zhou, David)
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Filing 21
MOTION to Compel Notice of Motion and Motion to Compel Production of Documents and Extend the Discovery and Case Management Schedule by 180 Days by Plaintiff Securities and Exchange Commission. Responses due by 7/13/2022. (Attachments: #1 Certificate of Service) (Zhou, David)
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Filing 20
ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael Anthony Galdes for Michael V. Shustek and Vestin Mortgage LLC and approving Designation of Local Counsel Mark A. Hutchison. Signed by Judge James C. Mahan on 5/20/2022. 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 - JQC)
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Filing 19
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jared Asher Forbus for Michael V. Shustek and Vestin Mortgage LLC and approving Designation of Local Counsel Mark A. Hutchison. Signed by Judge James C. Mahan on 5/20/2022. 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 - JQC)
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Filing 18
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael Anthony Galdes and DESIGNATION of Local Counsel Mark A. Hutchison (Filing fee $ 250 receipt number ANVDC-6905669) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Hutchison, Mark)
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Filing 17
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jared Asher Forbus and DESIGNATION of Local Counsel Mark A. Hutchison (Filing fee $ 250 receipt number ANVDC-6905658) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Hutchison, Mark)
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Filing 16
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 5/16/2022. By Deputy Clerk: A. Reyes. Re: #14 , #15 Motions for Permission to Practice Pro Hac Vice - Verified PetitionIT IS ORDERED that Petitioners Jared Asher Forbus and Michael Anthony Galdes shall appropriately answer question No. 8 on pg. 3. Petitioners shall have 14 days from the entry of this order to file a corrected Verified Petition using the "Notice of Corrected Image/Document" event and link to document #14 , #15 accordingly, in accordance with the local rules. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
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Filing 15
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael Anthony Galdes and DESIGNATION of Local Counsel Mark A. Hutchison (Filing fee $ 250 receipt number ANVDC-6904736) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Hutchison, Mark)
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Filing 14
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jared Asher Forbus and DESIGNATION of Local Counsel Mark A. Hutchison (Filing fee $ 250 receipt number ANVDC-6904696) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Hutchison, Mark)
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Filing 13
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM)
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Filing 12
SCHEDULING ORDER granting #11 Discovery Plan and Scheduling Order; Discovery due by 10/7/2022. Motions due by 11/7/2022. Proposed Joint Pretrial Order due by 1/27/2023. Signed by Magistrate Judge Brenda Weksler on 12/16/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 11
Stipulated Discovery Plan and Scheduling Order by Plaintiff Securities and Exchange Commission. (Katz, Marc)
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Filing 10
CERTIFICATE of Interested Parties by Michael V. Shustek, Vestin Mortgage LLC. There are no known interested parties other than those participating in the case (Abascal, Manuel)
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Filing 9
ANSWER to #1 Complaint,, with Jury Demand filed by Michael V. Shustek, Vestin Mortgage LLC. Discovery Plan/Scheduling Order due by 12/27/2021.(Abascal, Manuel) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 8
ORDER Granting #6 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Manuel A. Abascal for Michael V. Shustek and Vestin Mortgage LLC and approving Designation of Local Counsel Mark A. Hutchison. Signed by Judge James C. Mahan on 9/23/2021. 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 - JQC)
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Filing 7
ORDER Granting #5 Stipulation for Extension of Time. Michael V. Shustek and Vestin Mortgage LLC answer due 11/12/2021. Signed by Magistrate Judge Brenda Weksler on 9/23/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 6
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Manuel A. Abascal and DESIGNATION of Local Counsel Mark A. Hutchison (Filing fee $ 250 receipt number 0978-6639716) by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Hutchison, Mark)
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Filing 5
First STIPULATION Extending Time to Respond to #1 Complaint, by Defendants Michael V. Shustek, Vestin Mortgage LLC. (Hutchison, Mark) Modified on 9/22/2021 to link document pursuant to LR IC 2-2(d) (SLD).
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Filing 4
WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Vestin Mortgage LLC waiver sent on 7/29/2021, answer due 9/27/2021. (Zhou, David)
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Filing 3
WAIVER OF SERVICE Returned Executed by Securities and Exchange Commission. Michael V. Shustek waiver sent on 7/29/2021, answer due 9/27/2021. (Zhou, David)
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Filing 2
Summons Issued as to Michael V. Shustek, Vestin Mortgage LLC. (JQC)
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Filing 1
COMPLAINT against Michael V. Shustek, Vestin Mortgage LLC by Securities and Exchange Commission. Proof of service due by 10/27/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons Michael V. Shustek, #3 Summons Vestin Mortgage LLC) (Hawley, Ruth) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (JQC)
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