Chilia et al v. Capital Consultants, LLC et al
Salvatore J. Chilia, John F. Whittaker, Thomas R. Whittaker, Richard L. Newcomer, Ronald Hirsch, James B. Morgan, Jr., Michael Cala, George Mastrobuono, David F. Haines, Martin Berkens, William Cunningham, Joseph Schamer, Stephen Wessels, Donald Bolling, Joseph Schlager, James Cole, Alan J. Chermak, Donald Skala, Jr., Todd Alishusky, Kenneth Castro, Ronald Gabel, William J Brennan, Craig Mead, John Schlagheck, Reggie Hohenberger, Dennis Talbott, James Warner, Keith Barker, Charles Bowman, Paul Newman, James Hurley, Kenneth Derreberry, Thomas Crowdther, Robert Zahner, Kenneth E Sprung, Arthur J Tanner, Kenneth Alexander, Steve K Howerton, Robert A Eslinger, Roger Cerveny, David Haddix, Jay Lind and Sheet Metal Workers' International Association, Local Union 33 |
Capital Consultants, LLC, Capital Consultants, Inc., Jeffrey L Grayson, Barclay L Grayson, Blake Grayson, Andrew Wiederhorn, Tiffany Wiederhorn, Ted Wiederhorn, Specialty Finance Investors LLC, Lawrence A Mendelsohn, Joyce Mendelsohn, Wilshire Credit Corporation, WCC Inc, Wilshire Real Estate Partnership, L.P., Wilshire Real Estate Investment Trust Inc, Wilshire Servicing Corporation, Wilshire International Funding Group Inc, Wilshire Financial Services Group, Inc., Wilshire Acquisition Corporation, Wilshire Funding Corporation, CCI Holding Company, First Bank of Beverly Hills, Portland Servicing Corporation, Capital Wilshire Holdings Inc., Sterling Capital LLC, CF Credit, LLC, C.B. Coleman, David L. Frey, Mark Peterman, Kenneth Kepp, Larry Tapanen, Consilium, Inc., Moss Adams, LLP, Bear Stearns & Co, Creditmart, Inc., Beacon Financial, LLC, Brooks Financial, LLC, Foley McIntosh Frey & Claytor Professional Corporation, Dean Kirkland, Linda Lucas and Wilshire Real Estate Investment Trust, Inc. |
United States Department of Labor |
CCL-Private Investors Association |
3:2000cv01633 |
November 29, 2000 |
US District Court for the District of Oregon |
Garr M King |
Labor: E.R.I.S.A. |
29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
Plaintiff |
Docket Report
This docket was last retrieved on February 28, 2005. A more recent docket listing may be available from PACER.
Document Text |
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Filing 192 Notice of Attorney Substitution: Attorney Robert B. Ericson has been substituted out as counsel of record in this action. Filed by Robert J. Bocko appearing on behalf of Bear Stearns & Co.(Bocko, Robert) |
Filing 191 Stipulated Judgment of Dismissal with prejudice. Signed on 02/10/05 by Judge Garr M. King. (pvh, ) |
Filing 190 ORDER:Order Mooting Motion for Leave to File Over-Length Memorandum in support of its Motion to Dismiss (Related Doc #96 ). If a party disagrees and seeks resolution of one of these motions, the party may file a motion to renew the original motion. by Judge Garr M. King. (dls, ) |
Filing 189 ORDER:Record of Order Mooting Motion to Compel (Related Doc #104 ), Order Mooting Motion (Related Doc #114 ), Order Mooting Motion to Compel (Related Doc #118 ), Order Mooting Motion to Strike (Related Doc #135 ), Order Mooting Motion for Extension of Time (Related Doc #142 ), Order Mooting Motion to Dismiss (Related Doc #143 ), Order Mooting Motion to Withdraw or Substitute an Attorney (Related Doc #147 ). substituted for, Order Mooting Motion (Related Doc #151 ), Order Mooting Motion to Withdraw or Substitute an Attorney (Related Doc #151 ). substituted for, Order Mooting Motion to Strike (Related Doc #175 ). If a party disagrees and seeks resolution of one of these motions, the party may file a motion to renew the original motions. by Judge Garr M. King. (dls, ) |
Filing 188 Notice of Opposition to Motion to Consolidate Beyond a Consolidation for Purposes of Hearing a Motion to Approve Settlements. (Original Signature). Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related document(s) #186 ) (pvh, ) |
Filing 187 ORDER CONSOLIDATING CASES. The Court finds that there are common questions of law and fact in the cases referenced herein and that consolidation under Fed. R. Civ. P. 42(a) is appropriate for the process of considering the forthcoming motions for approval of certain settlement agreements and for issuance of a claims bar. IT IS HEREBY ORDERED: 1. The following cases are hereby consolidated for all purposes, subject to the limitations set forth in paragraphs 4 and 6 of this Order: Securities and Exchange Commission v. Capital Consultants, LLC, et al. Case No. 00-1290-KI; Chao v. Capital Consultants, LLC, et al. Case No. 00-1291-KI; American Funeral, et al. v. Capital Consultants, LLC Case No. 01-609-KI; American Funeral, et al. v. Grayson, et al. Case No. 01-1429-KI; Brooks, et al. v. Capital Consultants, LLC, et al. Case No. 01-1497-KI; Chilia, et al. v. Capital Consultants, LLC, et al. Case No. 00-1633-KI; Chilia, et al. v. O'Melveny & Myers, et al. Case No. 01-1370-HU; Dyer, et al v. Capital Consultants, LLC, et al. Case No. 01-1496-KI; Eidem, et al. v. Local 290, et al. Case No. 00-1446-HA; Hazzard, et al. v. Capital Consultants, LLC, et al. Case No. 00-1338-HU; Hazzard, et al. v. Stoel Rives, et al. Case No. 01-1580-HU; Laborers, et al. v. Stoel Rives, et al. Case No. 01-1579-HU; Lennon v. Moss Adams, et al. Case No. 01-449-HA; Madole, et al v. Capital Consultants, LLC, et al. Case No. 00-1660-HU; McPherson v. Eighth District Case No. 00-1445-HA; Miller, et al. v. Clinton, et al. Case No. 00-1317-HA; Olsen v. Larson, et al. Case No. 01-480-HA; Schultz, et al. v. Kirkland, et al. Case No. 00-1337-HA; and Sheet Metal Workers, et al. v. O'Melveny & Myers, et al. Case No. 01-1369-HU. 2. All filings related to the motions for approval of certain settlement agreements and for issuance of a claims bar order shall be made exclusively in Case No. 00-1290-KI, and captioned as: "In Re Consolidated Capital Consultants Litigation, Case No. 00-1290-KI." Parties shall also provide the standard judge's copy of pleadings. 3. A copy of this Order shall be filed in each of the cases consolidated by this Order. 4. This Order is limited to consolidation for the purpose of consideration of certain settlement agreements and the anticipated claims bar order that are the subject of the hearing set for June 19 and 20, 2002, and for enforcement of any claims bar issued. Nothing in this Order prejudices the right of any party to move for separate trial as to any claims or issues. (See Order for complete text of #'s 5 & 6.) Signed on 05/10/02 by Judge Garr M. King. (pvh, )(Related Doc #184 ) |
Filing 186 Opposition to Consolidate Beyond a Consolidation for Purposes of Hearing a Motion to Approve Settlements. (Not original signature). Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related motion(s) #184 ) (pvh, ) |
Filing 185 Declaration of Counsel pursuant to LR 7.1 regarding Motion to Consolidate by Hazzard Plaintiffs in Case No. CV 00-1338 HU. Filed by Tom Hazzard. (Related document(s) #184 ) (pvh, ) |
Filing 184 Motion to Consolidate by Hazzard Plaintiffs in Case No. CV 00-1338 HU. Expedited Hearing Requested. Filed by Tom Hazzard. (pvh, ) |
Filing 183 Stipulation regarding time to File Responsive Pleading to Second Amended Complaint. Filed by all plaintiffs. (pvh, ) |
Filing 182 Second Amended Complaint . Jury Trial Demanded. Filed by Kenneth Alexander, Todd Alishusky, Keith Barker, Martin Berkens, Donald Bolling, Charles Bowman, William J Brennan, Michael Cala, Kenneth Castro, Roger Cerveny, Alan J. Chermak, Salvatore J. Chilia, James Cole, Thomas Crowdther, William Cunningham, Kenneth Derreberry, Robert A Eslinger, Ronald Gabel, David Haddix, David F. Haines, Ronald Hirsch, Reggie Hohenberger, Steve K Howerton, James Hurley, Jay Lind, George Mastrobuono, Craig Mead, James B. Morgan Jr., Richard L. Newcomer, Paul Newman, Joseph Schamer, Joseph Schlager, John Schlagheck, Sheet Metal Workers' International Association, Local Union 33, Donald Skala Jr., Kenneth E Sprung, Dennis Talbott, Arthur J Tanner, James Warner, Stephen Wessels, John F. Whittaker, Thomas R. Whittaker, Robert Zahner against Beacon Financial, LLC, Bear Stearns & Co, Brooks Financial, LLC, CCI Holding Company, CF Credit, LLC, Capital Consultants, Inc., Capital Consultants, LLC, Capital Wilshire Holdings Inc., C.B. Coleman, Consilium, Inc., Creditmart, Inc., First Bank of Beverly Hills, Foley McIntosh Frey & Claytor Professional Corporation, David L. Frey, Barclay L Grayson, Jeffrey L Grayson, Kenneth Kepp, Joyce Mendelsohn, Lawrence A Mendelsohn, Moss Adams, LLP, Mark Peterman, Portland Servicing Corporation, Specialty Finance Investors LLC, Sterling Capital LLC, Larry Tapanen, WCC Inc, Andrew Wiederhorn, Ted Wiederhorn, Tiffany Wiederhorn, Wilshire Acquisition Corporation, Wilshire Credit Corporation, Wilshire Financial Services Group, Inc., Wilshire Funding Corporation, Wilshire International Funding Group Inc, Wilshire Real Estate Investment Trust Inc, Wilshire Real Estate Investment Trust, Inc., Wilshire Real Estate Partnership, L.P., Wilshire Servicing Corporation. (pvh, ) |
Filing 181 Notice of Case Reassignment : Case reassigned from Dennis J. Hubel to Garr M. King. (dls, ) |
Filing 180 Reply to Motion to Strike the Declaration of Brian J. Gallagher. Filed by all plaintiffs. (Related motion(s) #175 ) (dls, ) |
Filing 179 Certificate of Service. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related document(s) #178 ) (dls, ) |
Filing 178 Memorandum in Opposition to Plaintiff's Motion to Strike. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related motion(s) #175 ) (dls, ) |
Filing 177 ORDER:Order Denying Motion to Dismiss (Related Doc #99 ), Order Adopting Findings and Recommendation: (Related Doc #159 ). Plaintiffs may file a second amended complaint to cure deficiencies in their claims for fraud and negligent misrepresentation. The court declines to make the clarifications sought by plaintiffs regarding their Oregon securities claims. Signed on 3/4/02 by Judge Garr M. King. (dls, ) |
Filing 176 Memorandum in Support of Motion to Strike the Declaration of Brian J. Gallagher. Filed by all plaintiffs. (Related document(s) #175 ) (dls, ) |
Filing 175 Motion to Strike the Declaration of Brian J. Gallagher. Filed by all plaintiffs. (dls, ) |
Filing 174 Objections to Findings & Recommendation. Filed by all plaintiffs. (Related motion(s) #159 ) (dls, ) |
Filing 173 CIVIL MINUTES:Record of Order -- Findings and Recommendation of January 23, 2002, referred to Judge Garr M. King. Objections to the f&r have been filed. (Related documents(s) #159 , #99 ) Ordered by Judge Dennis J. Hubel. (kb, ) |
Filing 172 ORDER:Record of Order: Plaintiffs' Unopposed Motion for Leave to File Attached Ojbections (Related Doc #171 ) is Granted. Plaintiffs are directed to file the original of their "Objections to the Findings and Recommendations on Defendant Moss Adams' Motion to Dismiss" forthwith. It will be deemed timely filed. (kb, ) |
Filing 171 Motion for Leave to File Attached Objections. Filed by all plaintiffs. (dls, ) |
Filing 170 Response to Objections to Findings & Recommendation. Filed by all plaintiffs. (Related motion(s) #159 ) (dls, ) |
Filing 169 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #168 ) (dls, ) |
Filing 168 Response to Objections to Findings & Recommendation. Filed by Moss Adams, LLP. (Related motion(s) #159 ) (dls, ) |
Filing 167 CIVIL MINUTES:NOTICE TO COUNSEL AND ALL PARTIES OF RECORD: Several recently filed pleadings herein having reflected an incorrect case number, this is to advise that the correct case number for this proceeding is: CV 00-1633-HU, and the correct caption is "Chilia, et al v. Capital Consultants, LLC, et al, and both should be referenced on all documents and pleadings filed in this case henceforth. Ordered by Judge Dennis J. Hubel. (kb, ) |
Filing 166 Certificate of Service. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related document(s) #164 , #165 ) (dls, ) |
Filing 165 Declaration of Brian J. Gallagher. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related document(s) #164 ) (dls, ) |
Filing 164 Reply to Motion to Dismiss (Oral Argument Requested). Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related motion(s) #143 ) (dls, ) |
Filing 163 ORDER:Record of Order Granting Defendants C.F. Credit, C.B. Coleman and David Frey's Motion for Extension of Time (Related Doc #160 ) to file their reply brief re their motion to dismiss up to and including February 15, 2002. by Judge Dennis J. Hubel. (kb, ) |
Filing 162 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #161 ) (dls, ) |
Filing 161 Objections to Findings & Recommendation. Filed by Moss Adams, LLP. (Related motion(s) #159 ) (dls, ) |
Filing 160 Unopposed Motion for Extension of Time regarding Filing Reply Brief. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (dls, ) |
Filing 159 Findings & Recommendations: The Motion to Remand #99 filed by defendant Moss Adams should be granted in part and denied in part, Signed on 1/16/02 by Judge Dennis J. Hubel. Objections to the Findings and Recommendation due by 2/7/2002. Response to the objection to the F & R due by 2/21/2002. (kb, ) Modified on 1/29/2002 (dls, ). |
Filing 158 Amended Memorandum in Opposition to Motion to Dismiss the Amended Complaint. Filed by all plaintiffs. (Related motion(s) #143 ) (dls, ) |
Filing 157 Memorandum in Opposition of Motion to Dismiss Amended Complaint filed by CF Credit Defendants. Filed by all plaintiffs. (Related motion(s) #143 ) (dls, ) |
Filing 156 CIVIL MINUTES:RECORD OF ORDER Plaintiffs' Motion to File overlength brief is granted in so far as plaintiffs may file no more than a 60 page brief. (Related Doc #155 ) (ccs, ) |
Filing 155 Unopposed Motion to File Excess Pages for Memorandum in Opposition to CF Credit Defendants' Motion to Dismiss. Filed by all plaintiffs. (dls, ) |
Filing 153 ORDER:Record of Order Granting #148 )Plaintiff's Motion for Extension of Time to File Response to Defendants' Motion to Dismiss #143 . Response due by 1/18/2002. Reply due by 2/8/2002. by Judge Dennis J. Hubel. (Related documents(s) #143 ) (kb, ) |
Filing 154 Notice of Substitution of Attorney Gregory Veralrud in place of Attorney R Scott Palmer and Pamela E. Singer. Filed by Jeffrey L Grayson. (dls, ) |
Filing 152 Affidavit of Scott Palmer in support of Motion for Final Application for Fee Allowance and Request for Payment, Motion to Withdraw or Substitute an Attorney. Filed by Jeffrey L Grayson. (Related document(s) #151 ) (dls, ) |
Filing 151 Motion for Final Application for Fee Allowance and Request for Payment, Motion to Withdraw or Substitute an Attorney (Expedited Hearing Requested). Filed by Jeffrey L Grayson. (dls, ) |
Filing 150 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #149 ) (dls, ) |
Filing 149 Reply to Motion to Strike. Filed by Moss Adams, LLP. (Related motion(s) #135 ) (dls, ) |
Filing 148 Motion for Extension of Time to File a Response/Reply to Motion #143 . Motion to Dismiss filed by CF Credit. Filed by all plaintiffs. (dls, ) |
Filing 147 Motion to Withdraw or Substitute an Attorney (Expedited Hearing Requested). Filed by Jeffrey L Grayson. (dls, ) |
Filing 146 Memorandum in Opposition to Motion to Dismiss. Filed by Moss Adams, LLP. Filed by all plaintiffs. (Related motion(s) #99 ) (dls, ) |
Filing 145 Certificate of Service. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related document(s) #143 , #144 ) (dls, ) |
Filing 144 Memorandum in Support of Motion to Dismiss the Amended Complaint. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (Related document(s) #143 ) (dls, ) |
Filing 143 Motion to Dismiss the Amended Complaint (Oral Argument Requested). Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (dls, ) |
Filing 142 Motion for Extension of Time to File Memorandum in Opposition to Moss Adams' Motion to Compel and Motion to Appoint. Filed by all plaintiffs. (dls, ) |
Filing 141 Memorandum in Opposition to Motion for the Appointment of a Special Master for Discovery. Filed by Moss Adams, LLP. Filed by all plaintiffs. (Related motion(s) #114 ) (dls, ) |
Filing 140 Memorandum in Opposition to Motion to Compel Initial Disclosures. Filed by Moss Adams, LLP. Filed by all plaintiffs. (Related motion(s) #118 ) (dls, ) |
Filing 139 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #137 , #138 ) (dls, ) |
Filing 138 Affidavit of David M. Jacobson in support of Motion to Dismiss. Filed by Moss Adams, LLP. (Related document(s) #99 ) (dls, ) |
Filing 137 Reply to Motion to Dismiss. Filed by Moss Adams, LLP. (Related motion(s) #99 ) (dls, ) |
Filing 136 Memorandum in Support of Motion to Strike Allegations Not in Complaint. Filed by Moss Adams, LLP. (Related document(s) #135 ) (dls, ) |
Filing 135 Motion to Strike Allegations Not in Complaint. Filed by Moss Adams, LLP. (Related document(s) #54 ) (dls, ) |
Filing 134 CIVIL MINUTES:Record of Order -- Granting the Uncontested Motion for Extension of Time to File Reply to Plaintiff Chilia's Memorandum in Opposition to Motion to Dismiss #122 up to and including November 30, 2001. (Related documents(s) #99 ) Ordered by Judge Dennis J. Hubel. (kb, ) |
Filing 133 Response to Discovery Motion to Compel Plaintiffs to Answer Moss Adams' First Set of Interrogatories. Filed by all plaintiffs. (Related motion(s) #118 ) (dls, ) |
Filing 132 Response to Discovery Motion to Compel filed by Moss Adams. Filed by all plaintiffs. (Related motion(s) #118 ) (dls, ) |
Filing 131 Declaration of Gary N. Hardiman in support of Memorandum in Opposition to Motion to Dismiss. Filed by Moss Adams'. Filed by all plaintiffs. (Related document(s) #130 ) (dls, ) |
Filing 130 Memorandum in Opposition to Motion to Dismiss. Filed by Moss Adams'. Filed by all plaintiffs. (Related motion(s) #99 ) (dls, ) |
Filing 129 ORDER:Record of Order Granting #124 )Motion for Extension of Time to File Response/Reply to Motion #99 . Response due by 11/13/2001. by Judge Dennis J. Hubel. (Related documents(s) #99 ) (dls, ) |
Filing 128 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #126 , #127 ) (dls, ) |
Filing 127 Affidavit of Gwynne L. Skinner in support of Partial Memorandum in Opposition to Motion to Appear as Amicus Curiae. Filed by Moss Adams, LLP. (Related document(s) #126 ) (dls, ) |
Filing 126 Partial Memorandum in Opposition to Motion to Appear as Amicus Curiae. Filed by Moss Adams, LLP. (Related document(s) #108 ) (dls, ) |
Filing 125 Memorandum in Opposition to Motion to Dismiss. Filed by Moss Adams, LLP. Filed by United States Department of Labor. (Related motion(s) #99 ) (dls, ) |
Filing 124 Motion for Extension of Time to File a Response/Reply to Motion #99 . Motion to Dismiss. Filed by all plaintiffs. (dls, ) |
Filing 123 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #122 ) (dls, ) |
Filing 122 Unopposed Motion for Extension of Time to File a Response/Reply to Motion #99 . Motion to Dismiss. Filed by Moss Adams, LLP. (dls, ) |
Filing 121 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #118 , #119 , #120 ) (dls, ) |
Filing 120 Affidavit of Gwynne L. Skinner in support of Motion to Compel Initial Disclosures. Filed by Moss Adams, LLP. (Related document(s) #118 ) (dls, ) |
Filing 119 Memorandum in Support of Motion to Compel Initial Disclosures. Filed by Moss Adams, LLP. (Related document(s) #118 ) (dls, ) |
Filing 118 Motion to Compel Initial Disclosures. Filed by Moss Adams, LLP. (dls, ) |
Filing 117 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #114 , #115 , #116 ) (dls, ) |
Filing 116 Affidavit of Evan Schwab in support of Motion for the Appointment of a Special Master for Discovery. Filed by Moss Adams, LLP. (Related document(s) #114 ) (dls, ) |
Filing 115 Memorandum in Support of Motion for the Appointment of a Special Master for Discovery. Filed by Moss Adams, LLP. (Related document(s) #114 ) (dls, ) |
Filing 114 Motion for the Appointment of a Special Master for Discovery. Filed by Moss Adams, LLP. (dls, ) |
Filing 113 Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Moss Adams, LLP. (dls, ) |
Filing 112 ORDER:Order Granting #111 ) Plaintiff's Motion for Extension of Time to File Their Memorandum in Opposition to Defendant Moss Adams' Motion to Compel: Response due by 11/14/2001. by Judge Dennis J. Hubel. (Related documents(s) #104 ) (kb, ) |
Filing 111 Motion for Extension of Time to File a Response/Reply to Motion #104 . Motion to Compel. Filed by all plaintiffs. (dls, ) |
Filing 110 ORDER:Order Granting the Motion of the Secretary of Labor for Leave to File Brief as Amicus Curiae in Opposition to Motion to Dismiss (Related Doc #108 ) by Judge Dennis J. Hubel. (kb, ) |
Filing 109 ORDER:Order Granting #107 )Plaintiffs' Motion for Extension of Time to File Their Memorandum in Opposition to Defendant Moss Adams Motion to Dismiss #99 up to and including November 9, 2001. Any reply shall be filed no later than November 23, 2001. by Judge Dennis J. Hubel. (Related documents(s) #99 ) (kb, ) |
Filing 108 Motion to Appear as Amicus Curiae and File Brief in Opposition to Motion to Dismiss. Filed by United States Department of Labor. (dls, ) |
Filing 107 Motion for Extension of Time to File a Response/Reply to Motion #99 . Motion to Dismiss. Filed by all plaintiffs. (dls, ) |
Filing 106 Affidavit of John R. Barker in support of Motion to Compel Plaintiffs to Answer Moss Adams' First Set of Interrogatories. Filed by Moss Adams, LLP. (Related document(s) #104 ) (dls, ) |
Filing 105 Memorandum in Support of Motion to Compel Plaintiffs to Answer Moss Adams' First Set of Interrogatories. Filed by Moss Adams, LLP. (Related document(s) #104 ) (dls, ) |
Filing 104 Motion to Compel Plaintiffs to Answer Moss Adams' First Set of Interrogatories (Oral Argument Requested). Filed by Moss Adams, LLP. (dls, ) |
Filing 103 Certificate of Service. Filed by Moss Adams, LLP. (Related document(s) #101 , #102 , #96 , #97 , #98 , #99 , #100 ) (dls, ) |
Filing 102 Affidavit of David M. Jacobson in support of Motion to Dismiss. Filed by Moss Adams, LLP. (Related document(s) #99 ) (dls, ) |
Filing 101 Affidavit of Gwynne L. Skinner in support of Motion to Dismiss. Filed by Moss Adams, LLP. (Related document(s) #99 ) (dls, ) |
Filing 100 Memorandum in Support of Motion to Dismiss (Oral Argument Requested). Filed by Moss Adams, LLP. (Related document(s) #99 ) (dls, ) |
Filing 99 Motion to Dismiss. Filed by Moss Adams, LLP. (dls, ) |
Filing 98 Affidavit of Gwynne L. Skinner in support of Motion for Leave to File Over-Length Memorandum in support of its Motion to Dismiss. Filed by Moss Adams, LLP. (Related document(s) #96 ) (dls, ) |
Filing 97 Memorandum in Support of Motion for Leave to File Over-Length Memorandum in support of its Motion to Dismiss. Filed by Moss Adams, LLP. (Related document(s) #96 ) (dls, ) |
Filing 96 Motion for Leave to File Over-Length Memorandum in support of its Motion to Dismiss. Filed by Moss Adams, LLP. (dls, ) |
Filing 95 Order Granting Application for Special Admission Pro Hac Vice of Samuel A Keesal for Bear Stearns & Co. Receipt number 440221 Signed 10/11/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 94 ORDER:Order Denying Motion to Consolidate(Related Doc #3 , with leave to renew the motion at a later date; Order Granting Motion to Dismiss Defendants Beacon Financial, LLC and Brooks Financial, LLC(Related Doc #61 ), Order Granting Motion to Dismiss Defendant Creditmart, Inc. (Related Doc #71 ) by Judge Dennis J. Hubel. (kb, ) |
Filing 93 CIVIL MINUTES:Record of Proceedings -- RECORD OF JOINT STATUS CONFERENCE and ORDER: The court ordered mediation will end on August 27, 2001. However, Judge Levy will remain available to assist parties in mediating claims. All parties shall be joined on or before September 17, 2001. The summary claims bar date is October 15, 2001.A hearing is set on October 16, 2001, at 9:00 a.m. in Courtroom #9A to approve settlements. Judge Haggerty will determine the adequacy of settlements in cases assigned to him. Judge King will determine the adequacy of settlements in cases assigned to him and Judge Hubel. The stay in regards to discovery is lifted. Ordered by Judge Dennis J. Hubel. Court Reporter: Dennis Grube. (kb, ) |
Filing 92 Notice of Dismissal of Party Dean Kirkland. Filed by Bruce A. Rubin on behalf of all plaintiffs. (dls, ) |
Filing 91 Notice of Dismissal of Party Dean Kirkland. Filed by Bruce A. Rubin on behalf of all plaintiffs. (dls, ) |
Filing 90 Minute Entry Dated 7/25/2001: Record of Order -- Status Conference set for 8/13/2001 at 02:30PM in Courtroom #9A, 9th Floor of the Mark O. Hatfield Courthouse, 1000 SW Third Ave., Portland, Oregon. Ordered by Judge Dennis J. Hubel. (kb, ) |
Filing 89 Order Granting Application for Special Admission Pro Hac Vice of Ben Suter for Bear Stearns & Co. Receipt number 438266 Signed 7/9/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 88 Corporate Disclosure Statement. Filed by Bear Stearns & Co. (dls, ) |
Filing 87 Return of Service Executed upon Kenneth Kepp on 5/24/01. Filed by all plaintiffs. (dls, ) |
Filing 86 Order Granting Application for Special Admission Pro Hac Vice of Robert B. Ericson for Bear Stearns & Co. Receipt number 438049 Signed 6/8/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 85 Order Granting Application for Special Admission Pro Hac Vice of Gwynne Skinner for Moss Adams, LLP. Receipt number 437645 Signed 6/1/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 84 Order Granting Application for Special Admission Pro Hac Vice of Evan L. Schwab for Moss Adams, LLP. Receipt number 437644 Signed 6/1/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 83 Waiver of Service of Summons-- Accepted by Robert B. Ericson attorney for Bear, Stearns & Co. Inc. on 5/19/01. Filed by Bear Stearns & Co. (dls, ) |
Filing 82 Certificate of Service Re Application for Admission Pro Hac Vice of Evan L. Schwab and Gwynne Skinner. Filed by Moss Adams, LLP. (jlr, ) |
Filing 81 Notice of Dismissal of Party Lucas, Linda (Voluntary). Filed by all plaintiffs. (dls, ) |
Filing 80 Order Granting Application for Special Admission Pro Hac Vice of Delbert D. Miller for Larry Tapanen. Receipt number 437487 Signed 5/21/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 79 Attorney Association: David H. Williams is counsel for Mark Peterman. Filed by Mark Peterman. (dls, ) |
Filing 78 Certificate of Service. (related document(s) #77 ) Filed by Moss Adams, LLP. (dls, ) |
Filing 77 Attorney Association: Curty R. Hineline and John R. Barker are counsel for Moss Adams LLP. Filed by Moss Adams, LLP. (dls, ) |
Filing 76 Return of Service Executed upon Foley McIntosh Frey & Clayton PC through David L. Frey on 4/24/01. Filed by all plaintiffs. (dls, ) |
Filing 75 Attorney Association: Daniel F. Knox is counsel for Larry Tapanen. Filed by Larry Tapanen. (dls, ) |
Filing 74 Attorney Association: Robert J. Bocko is counself for Bear Stearns & Co.. Filed by Bear Stearns & Co. (dls, ) |
Filing 73 Return of Service Executed upon Consilium, Inc. through Mark Jones on 4/19/01. Filed by all plaintiffs. (dls, ) |
Filing 72 Return of Service Executed upon Larry Tapanen on 4/16/01. Filed by all plaintiffs. (dls, ) |
Filing 71 Motion to Dismiss voluntarily as to Defendant Creditmart, Inc.. Response due by 5/11/2001. Filed by all plaintiffs. (dls, ) |
Filing 70 Return of Service Executed upon Brooks Financial LLC through Roxie Oglesby on 4/6/01. Filed by all plaintiffs. (dls, ) |
Filing 69 Return of Service Executed upon Beacon Financial LLC through Sunny Krebs on 4/13/01. Filed by all plaintiffs. (dls, ) |
Filing 68 Return of Service Executed upon Creditmart through Jere Dougherty on 4/17/01. Filed by all plaintiffs. (dls, ) |
Filing 67 Return of Service Executed upon Bear, Stearns & Co., Inc. through Joanne Maymi on 4/9/01. Filed by all plaintiffs. (dls, ) |
Filing 66 Attorney Association: Joseph C. Arellano as counsel for Brooks Financial, LLC And Beacon Financial Group, LLC. Filed by Beacon Financial, LLC, Brooks Financial, LLC. (dls, ) |
Filing 64 Return of Service Executed upon Mark Peterman on 4/8/01. Filed by all plaintiffs. (dls, ) |
Filing 63 Order Denying Motion to Intervene of Members of CCL-Private Investors Association.(Related Doc #55 ). Signed 4/20/2001 by Judge Ancer L. Haggerty. (DJH1) Additional attachment(s) added on 4/20/2001 (DJH1, ). |
Filing 62 Reply to Motion To Intervene. Filed by CCL-Private Investors Association. (Related motion(s) #55 ) (dls, ) |
Filing 61 Motion to Dismiss Voluntarily Defendants Beacon Financial, LLC and Brooks Financial, LLC. Response due by 5/1/2001. Filed by all plaintiffs. (dls, ) |
Filing 60 Return of Service Executed upon Linda Lucas through attorney Kenneth A Wittenberg on 4/10/01. Filed by all plaintiffs. (dls, ) |
Filing 59 Certificate of Service. (related document(s) #55 , #56 ) Filed by CCL-Private Investors Association. (dls, ) |
Filing 58 Memorandum in Opposition To Motion to Intervene Of Members Of CCL-Private Investors Association. Filed by all plaintiffs. Reply due by 4/20/2001. (Related motion(s) #55 ) (dls, ) |
Filing 57 Return of Service Executed upon John R. Baker, attorney for Defendant Moss Adams, LLP on 4/3/01. Filed by all plaintiffs. (dls, ) |
Filing 65 Record of Proceedings before Judge Dennis J. Hubel: Court Reporter: Dennis Grube See minute entry for full text. (ccs, ) |
Filing 56 Memorandum in Support Of Motion To Intervene. Filed by CCL-Private Investors Association. (Related motion(s) #55 ) (dls, ) |
Filing 55 Motion to Intervene Of Members Of CCL-Private Investors Association (Request For Oral Argument). Response due by 4/13/2001. Filed by CCL-Private Investors Association. (dls, ) |
Filing 54 Amended Complaint Jury Trial Demanded against Mark Peterman, Kenneth Kepp, Larry Tapanen, Consilium, Inc., Moss Adams, LLP, Bear Stearns & Co, Creditmart, Inc., Beacon Financial, LLC, Brooks Financial, LLC, Foley McIntosh Frey & Claytor Professional Corporation, Dean Kirkland, Linda Lucas, Wilshire Real Estate Investment Trust, Inc., CCI Holding Company, CF Credit, LLC, Capital Consultants, Inc., Capital Consultants, LLC, Capital Wilshire Holdings Inc., C.B. Coleman, First Bank of Beverly Hills, David L. Frey, Barclay L Grayson, Jeffrey L Grayson, Joyce Mendelsohn, Lawrence A Mendelsohn, Portland Servicing Corporation, Specialty Finance Investors LLC, Sterling Capital LLC, WCC Inc, Andrew Wiederhorn, Ted Wiederhorn, Tiffany Wiederhorn, Wilshire Acquisition Corporation, Wilshire Credit Corporation, Wilshire Financial Services Group, Inc., Wilshire Funding Corporation, Wilshire International Funding Group Inc, Wilshire Real Estate Investment Trust Inc, Wilshire Real Estate Partnership, L.P., Wilshire Servicing Corporation. (related document(s) #1 ) Filed by Ronald Gabel, William J Brennan, Craig Mead, John Schlagheck, Reggie Hohenberger, Dennis Talbott, James Warner, Keith Barker, Charles Bowman, Paul Newman, James Hurley, Kenneth Derreberry, Thomas Crowdther, Robert Zahner, Kenneth E Sprung, Arthur J Tanner, Kenneth Alexander, Steve K Howerton, Robert A Eslinger, Roger Cerveny, David Haddix, Jay Lind, Sheet Metal Workers' International Association, Local Union 33, Todd Alishusky, Martin Berkens, Donald Bolling, Michael Cala, Kenneth Castro, Alan J. Chermak, Salvatore J. Chilia, James Cole, William Cunningham, David F. Haines, Ronald Hirsch, George Mastrobuono, James B. Morgan Jr., Richard L. Newcomer, Joseph Schamer, Joseph Schlager, Donald Skala Jr., Stephen Wessels, John F. Whittaker, Thomas R. Whittaker (dls, ) |
Filing 53 Attorney Association: Of Stoll Stoll Berne Lokting & Shlachter, along with Ransom Blackman represent Andrew Weiderhorn. Filed by Andrew Wiederhorn. (dls, ) Modified on 3/14/2001 (dls, ). |
Filing 52 Certificate of Service. (related document(s) #51 ) Filed by Andrew Wiederhorn. (dls, ) |
Filing 51 Attorney Association: The McDermott, Will & Emery Firm will replace the Stoll Stoll Berne Lokting & Shlachter Firm. Filed by Lawrence A Mendelsohn. (dls, ) |
Filing 50 Order Granting Application for Special Admission Pro Hac Vice of attorney Brian J. Gallagher representing Defendants David Frey, CB Coleman and CF Credit LLC. Receipt number 435649; Signed 2/13/2001 by Judge Dennis James Hubel. (Wright, Kathi) |
Filing 49 Record of Order by Judge Dennis J. Hubel: The unopposed motion for extension of time to complete FRCP 26(a) obligations (#138), filed in Securities and Exchange Commission v. Capital Consultants, LLC et al., CV 00-1290, is Granted. Accordingly, the January 16, 2001 mediation order, filed in the SEC case and related cases, is hereby amended. Paragraph Three of the order shall now read: "Such production must commence no later than January 25, 2001 and be completed no later than March 2, 2001." (kb, ) |
Filing 48 Return of Service Executed upon Connis Son, registered agent for Wilshire Internation Funding Group through Reyna Martinez on 12/19/00. Filed by all plaintiffs. (dls, ) |
Filing 46 Order Granting Application for Special Admission Pro Hac Vice of Kimberly W Osenbaugh for Joyce Mendelsohn. Receipt number 435350 Signed 1/25/01 by Judge Dennis J. Hubel. (dls, ) |
Filing 47 Certificate of Service. (related document(s) #46 ) Filed by Joyce Mendelsohn. (dls, ) |
Filing 45 Answer And Affirmative Defenses. (related document(s) #1 ) Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (dls, ) |
Filing 44 Court Ordered Mediation. Signed 1/16/01 by Judge Garr M. King. (dls, ) |
Filing 43 Record of Proceedings before Judge Dennis J. Hubel: ORDER - Counsel for the receiver shall submit a proposed order reflecting the court's rulings regarding attorney/client and work product issues. ORDER - The receiver shall draft a proposed summary claims procedure and submit it no later than January 22, 2001. Any responses shall be submitted no later than January 31, 2001. ORDER - The receiver shall draft a proposed procedure regarding currently unrepresented parties and submit it no later than January 11, 2001. Any responses to the proposal shall be submitted no later than January 16, 2001. Counsel and the court discussed current efforts and progress towards establishing a mediation proposal for these cases. An off-the-record "work session" was held in this regard immediately following the conference. Court Reporter: Dennis Grube (kb, ) |
Filing 42 Return of Service Executed upon CF Credit, C.B. Coleman, and David Frey on 1/4/01. Filed by CF Credit, LLC, C.B. Coleman, David L. Frey. (dls, ) |
Filing 41 Return of Service Executed upon Sterling Capital, LLC through Seth T.Taube on 12/27/00. Filed by all plaintiffs. (dls, ) |
Filing 40 Return of Service Executed upon CCI Holding Company, Inc. Registered Agent Jeffrey L. Grayson through Tom Lennon on 12/21/00. Filed by all plaintiffs. (dls, ) |
Filing 39 Return of Service Executed upon Capital Consultants, Inc. Registered Agent Jeffrey L. Grayson through Tom Lennon on 12/21/00. Filed by all plaintiffs. (dls, ) |
Filing 38 Waiver of Service of Summons-- Accepted by Joyce Mendelsohn on 12/21/00. Filed by Joyce Mendelsohn. (dls, ) |
Filing 37 Waiver of Service of Summons-- Accepted by Tiffany Widerhorn on 12/20/00. Filed by Tiffany Wiederhorn. (dls, ) |
Filing 36 Waiver of Service of Summons-- Accepted by Ted Wiederhorn and Speciality Finance Investors LLC on 12/26/00. Filed by Specialty Finance Investors LLC, Ted Wiederhorn. (dls, ) |
Filing 35 Return of Service Executed upon Barclay L. Grayson through attorney S. Ward Greene on 12/15/00. Filed by all plaintiffs. (dls, ) |
Filing 34 Return of Service Executed upon David L. Frey on 12/18/00. Filed by all plaintiffs. (dls, ) |
Filing 33 Return of Service Executed upon CF Credit LLC through David L. Frey on 12/18/00. Filed by all plaintiffs. (dls, ) |
Filing 32 Return of Service Executed upon Capital Consultants LLC through David L. Osias on 12/12/00. Filed by all plaintiffs. (dls, ) |
Filing 31 Return of Service Executed upon Capital Wilshire Holding through David L. Osias on 12/12/00. Filed by all plaintiffs. (dls, ) |
Filing 30 Attorney Association Daniel H. Skerritt appearing on behalf of Wilshire Real Estate Investment, Inc.. Filed by Wilshire Real Estate Investment Trust Inc. (dls, ) |
Filing 29 Waiver of Service of Summons-- Accepted by Ted Wiederhorn and Speciality Finance Investors LLC on 12/26/00. Filed by Specialty Finance Investors LLC, Ted Wiederhorn. (dls, ) |
Filing 28 Certificate of Service. (related document(s) #27 ) Filed by Joyce Mendelsohn. (dls, ) |
Filing 27 Attorney Association Gregory J. Miner represents Joyce Mendelsohn. Filed by Joyce Mendelsohn. (dls, ) |
Filing 26 Attorney Association Barry P. Caplan and Nena Cook are the attorney of record for Tiffany Wiederhorn. Filed by Tiffany Wiederhorn. (dls, ) |
Filing 22 Record of Order by Judge Dennis J. Hubel: Status Conference set for 1/5/2001 at 09:30AM in Portland (Crtrm #9A) (see formal order) (kb, ) |
Filing 25 Certificate of Service of Notice of Appearance for Specialty Finance Investors and Notice of Appearance for Ted Wiederhorn. (related document(s) #23 , #24 ) Filed by Specialty Finance Investors LLC, Ted Wiederhorn. (Wright, Kathi) |
Filing 24 Notice of Appearance for Ted Wiederhorn: attorneys Roy Pulvers and Thomas E. McDermott of Lindsay, Hart, Neil & Weigler representing Defendant Ted Wiederhorn. Filed by Ted Wiederhorn. (Wright, Kathi) |
Filing 23 Notice of Appearance For Specialty Finance Investors LLC: Roy Pulvers and Thomas E. McDermott of Lindsay, Hart, Neil & Weigler LLP representing Defendant Specialty Finance Investors LLC. Filed by Specialty Finance Investors LLC, Ted Wiederhorn. (Wright, Kathi) |
Filing 20 Return of Service Executed upon Defendant Jeffrey L. Grayson through Acceptance of Service by attorney R. Scott Palmer on 12/13/2000. Filed by all plaintiffs. (Wright, Kathi) |
Filing 19 Return of Service Executed upon Blake L. Grayson, through Acceptance of Service by S. Ward Greene, attorney for Defendant, on 12/8/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 18 Return of Service Executed upon First Bank of Beverly Hills, through Acceptance of Service by Richard L. Baum, attorney for Defendant, on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 17 Return of Service Executed upon Andrew Wiederhorn and Lawrence A. Mendelsohn, through Acceptance of Service by Robert A. Shlachter, attorney for Defendants, on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 16 Return of Service Executed upon Wilshire Real Estate Partnership LP, through Acceptance of Service by Daniel H. Skerritt, attorney for Defendant, on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 15 Return of Service Executed upon The Wilshire Real Estate Investment Trust, Inc., through Acceptance of Service by Daniel H. Skerritt, attorney for Defendant, on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 14 Return of Service Executed upon Wilshire Financial Services Group, Inc., through Acceptance of Service by Richard L. Baum, attorney for Defendant, on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 13 Return of Service Executed upon Wilshire Funding Corporation through Acceptance of Service by Richard L. Baum, attorney for Defendant, on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 12 Return of Service Executed upon Wilshire Servicing Corporation through Acceptance of Service by Richard L. Baum, attorney for Defendant on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 11 Return of Service Executed upon Wilshire Credit Corporation through Acceptance of Service by Richard L. Baum, attorney for Defendant on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 10 Acceptance of Service by Richard L. Baum, Attorney for Defendant Wilshire Acquisition Corp. on 12/7/00. Filed by all plaintiffs. (Wright, Kathi) |
Filing 9 Notice of Case Reassignment: Case reassigned from Judge John Jelderks to Judge Dennis J. Hubel. (gm) |
Filing 8 Certificate of Service of Notice of Appearance for Andrew Wiederhorn and Notice of Appearance for Lawrence A. Mendelsohn. (related document(s) #6 , #7 ) Filed by Lawrence A Mendelsohn, Andrew Wiederhorn. (Wright, Kathi) |
Filing 7 Notice of Attorney Appearance: by Robert A. Shlachter and Timothy S. DeJong and by Ronald H. Hoevet for Defendant Lawrence A. Mendelsohn.. Filed by Lawrence A Mendelsohn. (Wright, Kathi) |
Filing 6 Notice of Attorney Appearance: by Robert A. Shlachter and Timothy S. DeJong of Stoll Stoll and by Marc Blackman of Ransom Blackman for Defendant Andrew Wiederhorn. Filed by Andrew Wiederhorn. (Wright, Kathi) |
Filing 5 Certificate of Service of Joint Motion to Consolidate and Memorandum in Support (document filed by Plaintiffs in CV 00-1338-HU; "Tom Hazzard; et al. v. Capital Consultants; et al." and signed by their counsel Robert B. Miller). (related document(s) #3 , #4 ) Filed by all plaintiffs. (Wright, Kathi) |
Filing 4 Memorandum in Support of Joint Motion to Consolidate. Filed by all plaintiffs. (Related motion(s) #3 ) (Wright, Kathi) |
Filing 3 Joint Motion to Consolidate (with "Tom Hazzard; et al. v. Capital Consultants, et al." CV 00-1338-HU). Filed by all plaintiffs. (Wright, Kathi) |
Filing 21 Record of Order by Judge Dennis J. Hubel: Record of formal status conference held, on the record, discussing Mr. English's mediation and limited discovery proposal. The parties were advised that failure to comply with Local Rule 7.1, which requires conferral with opposing counsel before a motion is filed, will result in the denial of the motion. Immediately after the formal status conference an informal, off-the-record discussion was held regarding Mr. English's proposal in more detail. Parties were advised that any ruling by Judge King in either of his related cases, CV 00-1290-KI, Securities and Exchange Commission v. Capital Consultant, et al., and CV 00-1291-KI, Alexis M. Herman v. Capital Consultants LLC, et al, on the issue of attorney client privilege for Capital Consultants, Jeffrey Grayson or Barclay Grayson will be adopted in this case. Court Reporter: Dennis Grube (dls, ) |
Filing 2 Discovery and Pretrial Scheduling Order: Discovery to be completed by 3/29/2001. Pretrial Order due by 4/28/2001. (Wright, Kathi) |
Filing 1 Complaint against Capital Consultants, LLC. (ERISA, Racketeering, Supplemental State Law Claims); Demand for Jury Trial; Filing Fee collected. Receipt #: 434330 issued.Summons issued as to All Defendants. Filed by Salvatore J. Chilia (Wright, Kathi) |
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