Securities and Exchange Commission v. Sunwest Management, Inc. et al
Plaintiff: Securities and Exchange Commission
Defendant: J. Wallace Gutzler, Sunwest Management, Inc., Clyde Hamstreet, Canyon Creek Financial, LLC, Clyde A. Hamstreet & Associates, LLC, Emeritus Corporation, KDA Construction, Inc., Canyon Creek Development, Inc., Fuse Advertising, Inc., Darryl E. Fisher, Senenet Leasing Company, Kristin Harder, Jon M. Harder and Encore Indemnity Management LLC
Petitioner: Jonathan Lee Riches, Milton Obote, Secured TICs, Roland Edwin Walker, Jr., Dan Thomas Construction, Inc, Davis Wright Tremaine LLP, Ala Lani Assisted Living LLC, Crown Pointe Investors, RBS Citizens, N.A., Certain Smart Park 3 and 4 Investors, Capmark Finance, Inc., General Electric Capital Corporation, Marie Russo, Idi Amin, Cheryl Hightower, Regina Ray Lucas, Chestnut Hill Investors, John T Flaxel, Thompson & Knight LLP, Stanley Crowell, Marathon Asset Management, L.P., Jerry V. Druery, Russell Cosgrove, Electing Broomfield TIC Investors, Chaparral Heights TIC Investors, Sherri Corum, Certain Crown Pointe and Waterford TIC Investors, Bay Bank, a division of Cowlitz Bank, PA Arbrook LLC, Certain Coordinating Lenders, Joy C Flaxel, Certain Smart Park 3 Investors, Marilyn Williams, Connolly Chestnut Hill Investors, Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC, Rebecca Hufford and GE Business Financial Services, Inc
Intervenor: Federal National Mortgage Association, Vestin Realty Mortgage II, Inc., Connolly Intervenors, Worner's Sequim, LLC, George T. Travess, Rodney Byers' Poulsbo, LLC, H. Gettman's Gardens, LLC, Connolly Bare Lands Investors, Columbia Pacific SW/CS, LLC, First Federal Savings and Loan, Neilsen Manufacturing Incorporated, Davis' Moses Lake, LLC, Hayes Gardens, LLC, Marcia Byers' Poulsbo, LLC, Smith's Eldorado Heights, LLC, Vestin Mortgage I, Inc., Divine Investments, LLC, Jeff Earp-Thomas' Gardens, LLC, Royal Bank of Scotland, Eclevia's Moses Lake, LLC, First State Bank of Kansas City, Kansas, Wielde's Moses Lake, LLC, Lewis & Clark Bank, Willis Byers' Poulsbo, LLC, T and M's Gardens, LLC, PlainsCapital Bank, Capital Pacific Bank, Tenants in Common Committee, Patterson's Parkway Village, LLC, Brown's Canterbury Court, LLC, Rini Wectawski, LLC, Certain 9th & Rose Investors, Walker's Sequim, LLC, Madsen's Moses Lake, LLC, Doyle's Gardens, LLC, Dicarlo's Parkway Village, LLC, NebraskaLand National Bank, Homesteads at Newtown TICs, 422 TIC Investor-Owners, Unsecured Creditors Committee, MainSource Bank, Currens' Parkway Village, LLC, Carol Vance, Frederick's Parkway Village, LLC, Walter's Moses Lake, LLC, Tappe's Poulsbo, LLC, Doubrava's Sequim, LLC, Robbins' Parkway Village, LLC, Willoughby's Parkway Village, LLC, Marvin Calhoun, Certain Investor-Plaintiffs, Whitesell's Parkway Village, LLC, Wielde's Sequim, LLC, ING USA Annuity and Life Insurance Company, Regions Bank, Gilbert's Gardens, LLC, Hawthorne Gardens TIC, Rachel Byers' Poulsbo, LLC, T. Gettman's Gardens, LLC, Smith's Sequim, LLC, LPP Mortgage, Ltd, Murphy's Moses Lake, LLC, ReliaStar Life Insurance Company, Martin's Parkway Village, LLC, F. Smith's Gardens, LLC, Salem Investors, a California General Partnership, 138 TIC Owner-Interveners, Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995, Fannie Mae, May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996, Seely's Sea View, LLC, ING Life Insurance & Annuity Company, Kirby's Moses Lake, LLC, Phillips' Parkway Village, LLC, Hughes' Moses Lake, LLC, Grenley Intervenors, Smith's Parkway Village, LLC, Zink's Sequim, LLC, The Palmetto Bank, Bare Land Intervenors, Eva's Parkway Village, LLC, Eugene Gascho's Poulsbo, LLC, Centerline Servicing, Inc., Vestin Fund III, LLC, Mary M. Travess, First National Bank, Central National Bank & Trust Co. of Enid, Hughes' Poulsbo, LLC, First Niagara Bank, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A, Smith's King's Manor, LLC, Kurtz's Canyon Crest, Certain Smart Park 4 Investors, Whitesell's Gardens, LLC, Judith Gascho's Poulsbo, LLC, LNR Partners, Inc., Earp-Thomas' Gardens, LLC, Cathay Bank, Parmenter's Garden's, LLC, Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC, Smith's Moses Lake, LLC and Marvin Calhoun doing business as Calhoun's Hawthorne Gardens, LLC
Amicus Curiae: Hawley's Sequim, LLC, Walter Stawinski, Ventas Realty, Limited Partnership, Currens' Moses Lake, LLC, Waterford in Bellevue TIC Investors, Butte Community Bank, Kuebler Land Investors, LLC, Victor Lund, James Brown & Associates, Inc., Willamette Property Holdings, LLC, Proof of Claim Investors and Cottonwood TIC Investors
Claimant: Lloyd Enterprises, Inc., Scott C. Nielsen, Smart Park 3 TIC Investors, Non-Insider LLC Member Group, Willaim E Wagner, II, Erin L. Reamer, Estate of Cyril Furman, Kim's Bluffs at Northwoods, LLC,, Chaves County Treasurer, Joe E. Nielsen, Mary Jane Skalovsky, Merrill Lynch Capital Services, Inc., Margo Brooke Chilles, Michael DeShane, Karen Blake Davies, Christ the King Community Outreach, Elshout's Bluffs at Northwoods, LLC,, Law Office of Paul R.J. Connolly, PC, Sovereign Bank and Dolf de Vos
Interested Party: Grove, Mueller & Swank, P.C., Mountain View ALF Investors, LLC, Thomas F. Biesiadecki, Magnolia Ventures, Inc., Jay Shupack's Hawthorne Gardens, LLC, Fitzwater's Hawthorne Gardens, LLC, Fall's Hawthorne Gardens, LLC, Sequoia Heights Capital Partners LLC, Sunwest Investors/Third-Party Claimants, Esther I Falk, Certain Chestnut Hill Investors, Oregon Housing and Community Services, US Trustee, Portland, Judy Shupack's Hawthorne Gardens, LLC, Columbia Pacific SW/CS, LLC as successor by assignment to Column Financial, Inc., Seqouia Heights Capital Partners LLC, Clyde A. Hamstreet CRO, Porter's Hawthorne Gardens, LLC, Milinvest's Hawthorne Gardens, LLC, Wells Fargo Bank National Association, Wrobel's Hawthorne Gardens, LLC, Gregory A Falk, Sunwest Rollover Member LLC, Fourteen Hawthorne Gardens' Tenants in Common, Yakima Investor TICs, State of Oregon Department of Human Services, Lone Star Committee, Carey's Hawthorne Gardens, LLC, Cosgrove's Hawthorne Gardens, LLC, Hermiston Assisted Living LLC, Hufford's Hawthorne Gardens, LLC, Selker's Hawthorne Gardens, LLC, Carol Ray, Southwestern College, Spring Pointe, LLC, Stayton SW Assisted Living, L.L.C., Johns' Hawthorne Gardens, LLC, Zia Trust, Inc., Oregon Department of Consumer and Business Services, Thomas M. Kelley and Legacy Management's Hawthorne Gardens
Interpleader: Zions First National Bank
Receiver: Michael Grassmueck and Maggie Lyons
Intervenor Defendant: Harry Geistlinger
Case Number: 6:2009cv06056
Filed: March 2, 2009
Court: US District Court for the District of Oregon
Presiding Judge: Ann L Aiken
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2020 Filing 2672 Mail Returned - Undeliverable: Order on motion for Order #2661 , Order on motion for Order, #2659 , Order on motion for Order, #2662 , Order on motion for Order, #2660 sent to Weiting Hsu at Winstead, PC returned as undeliverable. (jw)
June 10, 2019 Filing 2671 Mail Returned - Undeliverable Judgment #2650 & Judgment #2651 sent to Hsu returned as not deliverable as attached, unable to forward. (kf)
January 28, 2019 Filing 2670 Mail Returned - Undeliverable: Order,, 2666 sent to Hsu returned as no such number, unable to forward. (kf)
January 22, 2019 Filing 2669 Mail Returned - Undeliverable: Order on motion for Order #2661 , Order on motion for Order, #2659 , Order on motion for Order, #2662 , Order on motion for Order, #2660 sent to Tweet returned as Box Closed. (kf)
January 22, 2019 Filing 2668 Mail Returned - Undeliverable: Order 2666 sent to Tweet returned as not deliverable as addressed, unable to forward. (kf)
January 15, 2019 Filing 2667 Clerk's Notice of Mailing to Brad A. Baldwin, David D. VanSpeybroeck, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet and Weiting Hsu regarding Order, ECF no. 2666. (ck)
January 15, 2019 Opinion or Order Filing 2666 ORDER: Defendant Emeritus Corporation is hereby dismissed. In light of the order approving the Receivers' final account and report and discharging the receivers; the final judgments against defendants Jon M. Harder, Sunwest Management, Inc., Canyon Creek Development, Inc., and Canyon Creek Financial, LLC; and the Court's order dated October 5, 2012 #2370 denying the SEC's motion for remedies against Kristin Harder, relief defendant Kristin Harder is hereby dismissed and this action is DISMISSED. Ordered by Judge Ann L. Aiken. (ck)
January 15, 2019 Filing 2665 Mail Returned - Undeliverable: Order on Motion - Miscellaneous 2657 sent to Hsu returned as not known, unable to forward. (kf)
January 14, 2019 Filing 2664 Mail Returned - Undeliverable: Order on Motion - Miscellaneous, 2657 sent to Stephen T. Tweet returned as not known, unable to forward. (kf)
January 9, 2019 Filing 2663 Clerk's Notice of Mailing to Brad A. Baldwin, David D. VanSpeybroeck, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, and Weiting Hsu regarding Order on motion for Order #2661 , Order on motion for Order #2659 , Order on motion for Order #2662 , and Order on motion for Order #2660 . (ck)
January 8, 2019 Opinion or Order Filing 2662 ORDER: Granting Motion for Order re Final Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receivers for September 1, 2015 through December 10, 2018 #2656 . Signed on 1/8/2019 by Judge Ann L. Aiken. (ck)
January 8, 2019 Opinion or Order Filing 2661 ORDER: Granting Motion for Order re Final Application for Professional Compensation of Receiver Michael A. Grassmueck for Period January 1, 2014 through December 9, 2018 #2655 . Signed on 1/8/2019 by Judge Ann L. Aiken. (ck)
January 8, 2019 Opinion or Order Filing 2660 ORDER: Granting Motion for Order re Final Post-Confirmation Application for Approval and Payment of Billing Statements of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc. for Period June 1, 2018 through December 5, 2018 #2654 . Signed on 1/8/2019 by Judge Ann L. Aiken. (ck)
January 8, 2019 Opinion or Order Filing 2659 ORDER: Granting Motion for Order to Approve the Final Accounting and Report of Receivers, Michael Grassmueck and Maggie Lyons, Establish Reserve, Authorize the Destruction of Books and Records, and Discharge Receivers #2653 . Signed on 1/8/2019 by Judge Ann L. Aiken. (ck)
December 19, 2018 Filing 2658 Clerk's Notice of Mailing to Brad A. Baldwin, David D. VanSpeybroeck, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, Weiting Hsu regarding Order on Motion - Miscellaneous, ECF no. 2657. (ck)
December 19, 2018 Opinion or Order Filing 2657 ORDER: Granting Motion for Dismissal #2649 . Relief defendants Darryl E. Fisher, J. Wallace Gutzler, Encore Indemnity Management LLC, Senenet Leasing Company, Fuse Advertising, Inc., and KDA Construction, Inc. are DISMISSED pursuant to F.R.C.P. 41(a)(2). Ordered by Judge Ann L. Aiken. (ck)
December 12, 2018 Filing 2656 Motion for Order re Final Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receivers (September 1, 2015 thru December 10, 2018). Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Proposed Order) (Zaro, David)
December 12, 2018 Filing 2655 Motion for Order re Final Application for Professional Compensation of Receiver Michael A. Grassmueck for Period January 1, 2014 through December 9, 2018. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Proposed Order) (Zaro, David)
December 12, 2018 Filing 2654 Motion for Order re Final Post-Confirmation Application for Approval and Payment of Billing Statements of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc. for Period June 1, 2018 through December 5, 2018. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Proposed Order) (Zaro, David)
December 12, 2018 Filing 2653 Motion for Order to (1) Approve the Final Accounting and Report of Receivers, Michael Grassmueck and Maggie Lyons; (2) Establish Reserve; (3) Authorize the Destruction of Books and Records; and (4) Discharge Receivers. Filed by Michael Grassmueck. (Attachments: #1 Proposed Order) (Zaro, David)
December 7, 2018 Filing 2652 Clerk's Notice of Mailing to Brad A. Baldwin, David D. VanSpeybroeck, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, Weiting Hsu regarding Judgment #2650 and Judgment #2651 . (ck)
December 5, 2018 Filing 2651 Final Judgment as to Defendants Sunwest Management, Inc., Canyon Creek Development, Inc., and Canyon Creek Financial, LLC. Signed on 12/5/2018 by Judge Ann L. Aiken. (ck)
December 5, 2018 Filing 2650 Final Judgment as to Defendant Jon M. Harder. Signed on 12/5/2018 by Judge Ann L. Aiken. (ck)
December 4, 2018 Filing 2649 Motion for Dismissal Pursuant to F.R.C.P. 41(a) as to Defendants Darryl E. Fischer,J. Wallace Gutzler, Encore Indemnity Management, LLC, Senenet Leasing Company, Fuse Advertising, Inc. and KDA Construction, Inc.. Filed by Securities and Exchange Commission. (O'Callaghan, Sheila)
December 4, 2018 Filing 2648 Proposed Form of Order Submitted [Proposed] Final Judgment as to Defendant Jon M. Harder. Filed by Securities and Exchange Commission. (O'Callaghan, Sheila)
December 4, 2018 Filing 2647 Proposed Form of Order Submitted [Proposed] Final Judgment as to Defendants Sunwest Management, Inc., Canyon Creek Development, Inc., and Canyon Creek Financial, LLC. Filed by Securities and Exchange Commission. (O'Callaghan, Sheila)
December 4, 2018 Filing 2646 Settlement Agreement Consent of Defendants Sunwest Management, Inc., Canyon Creek Development, Inc. and Canyon Creek Financial, LLC to Entry of Final Judgment. Filed by Securities and Exchange Commission. (O'Callaghan, Sheila)
September 21, 2018 Filing 2645 Mail Returned - Undeliverable: Order on motion for Order, 2641 sent to Hsu returned as not deliverable as addressed, unable to forward. (kf)
September 7, 2018 Filing 2644 Report & Recommendations of Receivers, Michael Grassmueck and Maggie Lyons, As of August 31, 2018 (with Exhibit A). Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
September 4, 2018 Filing 2643 Mail Returned - Undeliverable: Order on motion for Order 2641 sent to Stephen Tweet returned as attempted - not known, unable to forward. (kf)
August 29, 2018 Filing 2642 Clerk's Notice of Mailing to Brad A. Baldwin, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, and Weiting Hsu regarding Order on motion for Order, ECF no. 2641. (ck)
August 29, 2018 Opinion or Order Filing 2641 ORDER: Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of September 1, 2017 through May 31, 2018 #2640 . The Court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $66,500. Ordered by Judge Ann L. Aiken. (ck)
June 19, 2018 Filing 2640 Notice and Motion of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period September 1, 2017 through May 31, 2018 Filed by Maggie Lyons. (Attachments: #1 Exhibit A) (Elsaesser, Ford) Modified on 6/28/2018 incorrect event selected, changed from "Notice" to "Motion for Order;" attorneys noticed (bd).
June 12, 2018 Filing 2639 Mail Returned - Undeliverable: Case Management Order #2636 sent to Tweet returned as not deliverable as addressed, unable to forward. (bd)
May 30, 2018 Filing 2638 Mail Returned - Undeliverable: Case Management Order #2636 sent to Hsu returned as not deliverable as addressed - unable to forward. (bd)
May 18, 2018 Filing 2637 Clerk's Notice of Mailing to Chelsea S. Lewandowski, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, Weiting Hsu regarding Order #2636 . (ck)
May 18, 2018 Opinion or Order Filing 2636 CASE MANAGEMENT ORDER. Signed on 5/18/2018 by Judge Ann L. Aiken. (ck)
November 28, 2017 Filing 2635 Mail Returned - Undeliverable: Order on motion for Order, 2630 sent to Tweet returned as attempted, not known, unable to forward. (kf)
November 20, 2017 Filing 2634 Mail Returned - Undeliverable: Order 2630 sent to Weiting Hsu returned as undeliverable. (jk)
November 20, 2017 Filing 2633 Mail Returned - Undeliverable: Scheduling 2625 sent to Weiting Hsu returned as undeliverable. (jk)
November 9, 2017 Filing 2632 Mail Returned - Undeliverable: Scheduling 2625 sent to Stephen T. Tweet returned as undeliverable. (jk)
October 26, 2017 Filing 2631 Clerk's Notice of Mailing to Chelsea S. Lewandowski, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, Weiting Hsu regarding Order on motion for Order 2630 . (ck)
October 26, 2017 Opinion or Order Filing 2630 ORDER: Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of March 1, 2017 through August 30, 2017 #2627 . The Court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $64,687.50. Ordered by Judge Ann L. Aiken. (ck)
September 29, 2017 Filing 2629 Report and Recommendations of Receivers Michael Grassmueck and Maggie Lyons as of September 29, 2017. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David)
September 28, 2017 Filing 2628 Notice of Attorney Withdrawal: Michael D. Pierson Filed by Emeritus Corporation. (Pierson, Michael)
September 28, 2017 Filing 2627 Notice and Motion of Filing Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc. for Period March 1, 2017 through August 30, 2017 Filed by Maggie Lyons. (Attachments: #1 Exhibit A) (Elsaesser, Ford) Modified on 9/29/2017 to correct event type (cw).
September 21, 2017 Filing 2626 Clerk's Notice of Mailing to Chelsea S. Lewandowski, Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, and Weiting Hsu regarding ECF No. 2625. (ck)
September 21, 2017 Opinion or Order Filing 2625 Scheduling Order by Judge Ann L. Aiken. The Receiver Maggie Lyons is to file a status report with the Court by 9/29/2017. Ordered by Judge Ann L. Aiken. (ck)
September 7, 2017 Filing 2624 Mail Returned - Undeliverable: Order #2621 sent to Tweet returned as not known, unable to forward. (kf)
September 1, 2017 Filing 2623 Mail Returned - Undeliverable: Order #2621 sent to Weiting Hsu returned as not known, unable to forward. (kf)
August 14, 2017 Filing 2622 Clerk's Notice of Mailing of #2621 to Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, and Weiting Hsu. (ck)
August 13, 2017 Opinion or Order Filing 2621 Order Re: Payment of Billing Statements of Moss + Adams LLP for the period of May 1, 2017 to July 31, 2017 #2620 . Signed on 8/13/2017 by Judge Ann L. Aiken. (ck)
August 8, 2017 Filing 2620 Amended Notice re Notice #2619 of Filing of Billing Statements of Moss + Adams LLP For the Period May 1, 2017 to July 31, 2017 Filed by Stewart Sokol & Gray LLC (Related document(s): Notice #2619 .) (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
August 8, 2017 Filing 2619 Notice of Filing of Billing Statements of Moss + Adams LLP For the Period May 1, 2017 to July 31, 2017 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Storti, Tyler)
July 20, 2017 Filing 2618 Request For No Further Notice and Removal from the ECF Notice List. Filed by Neilsen Manufacturing Incorporated. (Petersen, Michael)
June 21, 2017 Filing 2617 Mail Returned - Undeliverable: Order, 2613 sent to Tweet returned as not deliverable, unable to forward. (kf)
June 13, 2017 Filing 2616 Mail Returned - Undeliverable: Order 2613 sent to Hsu returned as no mail receptacle. (kf)
May 31, 2017 Filing 2615 Notice of Attorney Withdrawal: For Joshua S. Devore Filed by Kurtz's Canyon Crest (Devore, Joshua)
May 31, 2017 Filing 2614 Clerk's Notice of Mailing to Erich N. Durlacher, Greg R. Yates, Stephen T. Tweet, and Weiting Hsu. (ck)
May 30, 2017 Opinion or Order Filing 2613 Order Granting fee application of Moss Adams, LLP for the period of February 1, 2017 to April 30, 2017 #2610 . The Court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $621. Ordered by Judge Ann L. Aiken. (ck)
May 25, 2017 Opinion or Order Filing 2612 Order regarding Notice, #2609 . Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of 10/3/2016, through 2/28/2017 #2609 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $23,062.50. Ordered by Judge Ann L. Aiken. (cw)
May 8, 2017 Filing 2611 Request For No Further Notices. Filed by Clyde A. Hamstreet CRO. (Foraker, David)
May 5, 2017 Filing 2610 Notice of Filing of Billing Statements of Moss + Adams LLP For the Period February 1, 2017 to April 30, 2017 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
April 26, 2017 Filing 2609 Notice and Motion of Filing Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc. for Period October 3, 2016 through February 28, 2017 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
March 1, 2017 Opinion or Order Filing 2608 Order. Granting fee application of Moss Adams, LLP for the period of August 5, 2015, to November 4, 2016 #2607 . The Court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $15,020.50. Signed on 3/1/2017 by Judge Ann L. Aiken. (rdr)
January 19, 2017 Filing 2607 Amended Notice of Filing of Billing Statement of Moss + Adams LLP for Period August 5, 2015 to November 4, 2016 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
January 17, 2017 Filing 2606 Mail Returned - Undeliverable: Order, 2603 sent to Attorney Stephen T. Tweet returned as undeliverable. (ljb)
January 12, 2017 Filing 2605 Clerk's Notice of Mailing 2603 and 2604 . (rdr)
January 12, 2017 Opinion or Order Filing 2604 Order. Denying fee application of Moss Adams, LLP #2600 without prejudice to be resubmitted. The application appears to duplicate invoice entries from applications previously filed and approved #2549 , #2558 , and #2560 . The Court requests resubmission of the application with explanation of the request for reimbursement of fees incurred in 2014. Ordered on 1/12/2017 by Judge Ann L. Aiken. (rdr)
January 12, 2017 Opinion or Order Filing 2603 Order. Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of January 4, 2016, through September 30, 2016 (#2599). The Court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $68,005.60. Ordered on 1/12/2017 by Judge Ann L. Aiken. (rdr)
December 16, 2016 Filing 2602 Request For No Further Notice. Filed by Davis Wright Tremaine LLP. (Keppler, Daniel)
December 7, 2016 Filing 2601 Notice of Attorney Withdrawal: and Request for No Further Notice Filed by Jon M. Harder (Kalikman, George)
December 1, 2016 Filing 2600 Notice of Billing Statements of Moss + Adams LLP For the Period June 2, 2014 to October 31, 2016 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
October 31, 2016 Filing 2599 Notice and Motion of Filing Billing Statement of Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period January 4, 2016, through September 30, 2016 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
September 28, 2016 Filing 2598 Report and Recommendations of Receivers Michael Grassmueck and Maggie Lyons as of August 31, 2016. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Exhibit A) (Zaro, David)
September 5, 2016 Filing 2597 Clerk's Notice of Mailing to Erich N. Durlacher, Greg R. Yates and Stephen T. Tweet regarding Order on Motion #2596 . (ljb)
September 5, 2016 Opinion or Order Filing 2596 ORDER: Granting/Approving Motion #2594 Commutation and Release Agreement by and between Hartford Fire Insurance Company and Encore Indemnity, Ltd., and Settlement, General Release in Full and Indemnification Agreement by and between Hartford Fire Insurance Company and Stayton SW Assisted Living, LLC. Signed on 9/5/16 by Judge Ann L. Aiken. (ljb)
August 24, 2016 Filing 2595 Proposed Form of Order Submitted Approving Commutation and Release Agreement by and Between Continental Casualty Co. and Stayton SW Assisted Living, LLC, and Settlement, General Release in Full and Indemnification Agreement by and Between Continental Casualty Co. and Stayton SW Assisted Living, LLC. Filed by Encore Indemnity Management LLC, Stayton SW Assisted Living, L.L.C., Willamette Property Holdings, LLC. (Stewart, John)
August 23, 2016 Filing 2594 Motion and Application for Order Approving Commutation and Release Agreement by and between Hartford Fire Insurance Company and Encore Indemnity, Ltd. and Settlement, General Release in Full and Indemnification Agreement by and between Hartford Fire Insurance Company, Twin City Fire Insurance Company and Stayton SW Assisted Living, LLC. Filed by Encore Indemnity Management LLC, Stayton SW Assisted Living, L.L.C., Willamette Property Holdings, LLC. (Attachments: #1 Proposed Order) (Stewart, John)
February 25, 2016 Opinion or Order Filing 2593 ORDER: Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of June 1, 2015, through December 31, 2015 #2592 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $53,062.50. Ordered by Judge Ann L. Aiken. (rh)
January 26, 2016 Filing 2592 Motion and Notice of Filing of Billing Statement of Receiver, Maggie Lyons, of Resolve Financial Group, Inc. for Period June 1, 2015 through December 31, 2015. Filed by Resolve Financial Group, Inc.. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
November 4, 2015 Opinion or Order Filing 2591 Order. Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of April 1, 2014, through August 31, 2015 #2590 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $15,950.53. Ordered by Chief Judge Ann L. Aiken. (rh)
October 7, 2015 Filing 2590 Notice of Thirty-Fourth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receivers for the Period April 1, 2014 through August 31, 2015 Filed by Michael Grassmueck, Maggie Lyons (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service) (Zaro, David)
August 14, 2015 Opinion or Order Filing 2589 ORDER: Granting fee application of Moss Adams, LLP for the month of June 2015 #2586 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $2,104.50. Ordered by Chief Judge Ann L. Aiken. (rh)
July 22, 2015 Opinion or Order Filing 2588 Order. Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of February 1, 2015, through May 31, 2015 #2585 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $20,187.50. Ordered by Chief Judge Ann L. Aiken. (rh)
July 20, 2015 Opinion or Order Filing 2587 ORDER: Granting fee application of Moss Adams, LLP for the period of May 1, 2015, through May 31, 2015 #2583 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fee in the amount of $1,173. Ordered by Chief Judge Ann L. Aiken. (rh)
July 15, 2015 Filing 2586 Motion for Attorney Fees for Moss Adams LLP for the Period From June 1, 2015 Through June 20, 2015. Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
July 2, 2015 Filing 2585 Notice and Motion of Filing Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period February 1, 2015 through May 31, 2015 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
June 19, 2015 Opinion or Order Filing 2584 ORDER: Granting fee application of Moss Adams, LLP for the period of February 1, 2015, through April 30, 2015 #2581 . The court approves and authorities the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the $529. Ordered by Chief Judge Ann L. Aiken. (rh)
June 15, 2015 Filing 2583 Motion for Attorney Fees (Notice of Filing of Billing Statement of Moss Adams LLP for the Period from May 1, 2015 through May 31, 2015). Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Exhibit A - Billing Statement) (Kennedy, Albert)
May 18, 2015 Opinion or Order Filing 2582 ORDER: Claimant Roland Walker's motion for leave to pursue claims #2569 is denied. See formal ORDER. Signed on 5/18/2015 by Chief Judge Ann L. Aiken. (rh)
May 15, 2015 Filing 2581 Motion for Attorney Fees Notice of Filing of Billing Statement of Moss Adams LLP for the Period from February 1, 2015 through April 30, 2015. Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Exhibit A) (Kennedy, Albert)
April 27, 2015 Filing 2580 Report and Recommendations of Receivers Michael A. Grassmueck and Maggie Lyons as of March 31, 2015 (with Exhibit A and Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
March 27, 2015 Filing 2579 Declaration of Roland E. Walker, Jr. in Support of Claimant's Reply to Receivers' Opposition. Filed by Roland Edwin Walker, Jr. (Related document(s): Motion for Leave #2569 .) (Attachments: #1 Exhibit Exhibit) (Seibert, Franklin)
March 27, 2015 Filing 2578 Reply to Receivers' Opposition to Motion for Leave To Pursue Claims Against Receiver(s) #2569 Oral Argument requested. Filed by Roland Edwin Walker, Jr. (Seibert, Franklin)
March 19, 2015 Filing 2577 Notice Request For No Further Notice Filed by Sunwest Investors/Third-Party Claimants (Yugler, Richard)
March 19, 2015 Opinion or Order Filing 2576 ORDER: Granting Motion for Extension of Time to File Reply to Motion for Leave To Pursue Claims Against Receiver #2569 filed by Roland Edwin Walker, Jr.. Reply is due by 3/27/2015. Ordered by Chief Judge Ann L. Aiken. (rh)
March 19, 2015 Filing 2575 Motion for Extension of Time to File a Response/Reply to Receivers' Opposition to Motion for Leave To Pursue Claims Against Receiver(s) #2569 . Filed by Roland Edwin Walker, Jr. (Seibert, Franklin)
March 10, 2015 Opinion or Order Filing 2574 ORDER: Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of August 1, 2014, through January 31, 2015 #2568 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $34,750. Ordered by Chief Judge Ann L. Aiken. (rh)
March 10, 2015 Opinion or Order Filing 2573 ORDER: Granting fee application of Moss Adams, LLP for the period of January 1, 2015, through January 31, 2015 #2567 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $506. Ordered by Chief Judge Ann L. Aiken. (rh)
March 6, 2015 Filing 2572 Declaration of Receiver Maggie Lyons In Support of Opposition to Claimant Roland Walker's Motion for Leave to Pursue Claims Against Receivers. Filed by Michael Grassmueck, Maggie Lyons, Willamette Property Holdings, LLC. (Related document(s): Memorandum in Opposition #2571 .) (Attachments: #1 Exhibit A thru C) (Zaro, David)
March 6, 2015 Filing 2571 Memorandum in Opposition to Motion for Leave To Pursue Claims Against Receiver(s) #2569 . Filed by Michael Grassmueck, Maggie Lyons, Willamette Property Holdings, LLC. (Zaro, David)
February 20, 2015 Filing 2570 Declaration of Roland E. Walker, Jr. in Support of Motion for Leave to Pursue Claims Against Receiver(s). Filed by Roland Edwin Walker, Jr. (Related document(s): Motion for Leave #2569 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Seibert, Franklin)
February 20, 2015 Filing 2569 Motion for Leave To Pursue Claims Against Receiver(s). Oral Argument requested. Filed by Roland Edwin Walker, Jr. (Seibert, Franklin)
February 17, 2015 Filing 2568 Motion and Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period August 1, 2014 through January 31, 2015. Filed by Resolve Financial Group, Inc.. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
February 13, 2015 Filing 2567 MOTION FOR ATTORNEY FEES of Filing of Billing Statement of Moss Adams LLP for the Period From January 1, 2015 through January 31, 2015 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 2/13/2015 to change document type to motion (cw).
February 11, 2015 Opinion or Order Filing 2566 Order. Granting fee application of Moss Adams, LLP for the period of December 1, 2014, through December 31, 2014 #2564 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $667. Ordered by Chief Judge Ann L. Aiken. (rh)
January 26, 2015 Opinion or Order Filing 2565 ORDER: Granting fee application of Moss Adams, LLP for the period of November 1, 2014, through November 30, 2014 #2563 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $138. Ordered by Chief Judge Ann L. Aiken. (rh)
January 15, 2015 Filing 2564 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from December 1, 2014 through December 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A - Invoice) (Kennedy, Albert)
December 15, 2014 Filing 2563 Motion for Attorney fees of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2014 through November 30, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 12/15/2014 (cw).
December 4, 2014 Opinion or Order Filing 2562 Order regarding Notice #2560 . Granting fee application of Moss Adams, LLP for the period of October 1, 2014, through October 31, 2014 #2560 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $2,530. Ordered by Chief Judge Ann L. Aiken. (rh)
December 4, 2014 Opinion or Order Filing 2561 Order regarding Notice #2558 . Granting fee application of Moss Adams, LLP for the period of September 1, 2014, through September 30, 2014 #2558 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $7,317. Ordered by Chief Judge Ann L. Aiken. (rh)
November 14, 2014 Filing 2560 Notice of FIling of Billing Statement of Moss Adams LLP for the Period from October 1, 2014 through October 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
October 15, 2014 Opinion or Order Filing 2559 ORDER. Granting fee application of Moss Adams, LLP for the period of August 1, 2014, through August 31, 2014 #2556 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $15,732. Ordered by Chief Judge Ann L. Aiken. (rh)
October 15, 2014 Filing 2558 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from September 1, 2014 through September 30, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
September 22, 2014 Opinion or Order Filing 2557 ORDER: Granting fee application of Moss Adams, LLP for the period of July 1, 2014, through July 31, 2014 #2551 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $11,863. Ordered by Chief Judge Ann L. Aiken. (rh)
September 15, 2014 Filing 2556 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from August 1, 2014 through August 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
September 12, 2014 Opinion or Order Filing 2555 Order. Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of July 1, 2014, through July 31, 2014 #2550 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $5,875. Ordered by Chief Judge Ann L. Aiken. (rh)
September 3, 2014 Opinion or Order Filing 2554 Order. Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of May 1, 2014, through June 30, 2014 #2549 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $13,125. Ordered by Chief Judge Ann L. Aiken. (rh)
September 3, 2014 Opinion or Order Filing 2553 ORDER: Granting fee application of Moss Adams, LLP for the period of June 1, 2014, through June 30, 2014 #2548 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $4,452. Ordered by Chief Judge Ann L. Aiken. (rh)
September 3, 2014 Opinion or Order Filing 2552 Order. Granting fee application of moss Adams, LLP for the period of May 1, 2014, through May 31, 2014 #2545 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $4,025. Ordered by Chief Judge Ann L. Aiken. (rh)
August 15, 2014 Filing 2551 Motion for attorney fees Filing of Billing Statement of Moss Adams LLP for the Period from July 1, 2014 through July 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 8/15/2014 to correct entry to motion for attorney fees (cw).
August 13, 2014 Filing 2550 Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc. for Period July 1, 2014, through July 31, 2014 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
July 22, 2014 Filing 2549 Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period May 1, 2014 Through June 30, 2014 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
July 15, 2014 Filing 2548 Motion for fees of Filing of Billing Statement of Moss Adams LLP for the Period from June 1, 2014 through June 30, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A - Moss Adams Invoice) (Kennedy, Albert) Modified on 7/15/2014 to change to motion for fees(cw).
June 16, 2014 Opinion or Order Filing 2547 ORDER: Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of December 2, 2013, through April 30, 2014 #2543 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $39,500. Ordered by Chief Judge Ann L. Aiken. (rh)
June 16, 2014 Opinion or Order Filing 2546 ORDER: Granting fee application of Moss Adams, LLP for the period of April 1, 2014, through April 30, 2014 #2542 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees in the amount of $1,518.50. Ordered by Chief Judge Ann L. Aiken. (rh)
June 13, 2014 Filing 2545 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from May 1, 2014 through May 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
May 22, 2014 Opinion or Order Filing 2544 Order. Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of November 1, 2013, through March 31, 2014 #2539 . The court approves and authorizes the professional fees submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $39,181.31. Ordered by Chief Judge Ann L. Aiken. (rh)
May 19, 2014 Filing 2543 Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period December 2, 2013, through April 30, 2014 Filed by Maggie Lyons (Attachments: #1 Exhibit A) (Elsaesser, Ford) Modified Event Type on 5/20/2014 (plb).
May 15, 2014 Filing 2542 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from April 1, 2014 through April 30, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified Event Type on 5/20/2014 (plb).
May 8, 2014 Opinion or Order Filing 2541 ORDER: Granting fee application of Moss Adams, LLP for the period of March 1, 2014, through March 31, 2014 #2534 . The court approves and authorizes the professional fees and expenses submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $3,027.00. Ordered by Chief Judge Ann L. Aiken. (rh)
May 8, 2014 Opinion or Order Filing 2540 ORDER: Granting fee application of Moss Adams, LLP for the period of February 1, 2014, through February 28, 2014 #2531 . The court approves and authorized the professional fees and expenses submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $4,510.50. Ordered by Chief Judge Ann L. Aiken. (rh)
April 23, 2014 Filing 2539 Notice of Thirty Third Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as counsel to the Receiver for the Period November 1, 2013 through March 31, 2014 (with exhibits and Certificate of Service) Filed by Michael Grassmueck, Maggie Lyons (Zaro, David)
April 21, 2014 Opinion or Order Filing 2538 ORDER: Granting fee application of Moss Adams, LLP for the period of January 1, 2014, through January 31, 2014 #2527 . The court approves and authorizes the professional fees and expenses submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $8,522.00. Ordered by Chief Judge Ann L. Aiken. (rh)
April 21, 2014 Opinion or Order Filing 2537 ORDER: Granting fee application of Moss Adams, LLP for the period of December 1, 2013, through December 31, 2013 #2526 . The court approves and authorizes the professional fees and expenses submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $3,796.00. Ordered by Chief Judge Ann L. Aiken. (rh)
April 21, 2014 Opinion or Order Filing 2536 ORDER: Granting fee application of Moss Adams, LLP for the period of November 1, 2013, through November 30, 2013 #2525 . The court approves and authorizes the professional fees and expenses submitted and orders Maggie Lyons, Receiver, to pay the requested fees and expenses in the amount of $9,373.03. Ordered by Chief Judge Ann L. Aiken. (rh)
April 15, 2014 Filing 2535 Notice of Attorney Withdrawal: and Request for No Further Notice Filed by Darryl E. Fisher, J. Wallace Gutzler (Johnson, Leslie)
April 15, 2014 Filing 2534 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from March 1, 2014 through March 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A - Invoices) (Kennedy, Albert) Corrected Event Type on 4/16/2014 (plb).
March 26, 2014 Filing 2533 Notice of Request for No Further Notice Filed by Salem Investors, a California General Partnership (Whipple, B.)
March 26, 2014 Filing 2532 Notice of Attorney Withdrawal: and Request for No Further Notice Filed by David Thurber (Ketterling, Keith)
March 24, 2014 Filing 2531 Motion for fees of Filing of Billing Statement of Moss Adams LLP for the Period from February 1, 2014 through February 28, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A - Moss Adams Invoice) (Kennedy, Albert) Modified on 3/24/2014 (cw).
March 19, 2014 Opinion or Order Filing 2530 ORDER: Ordered that the authority for the receipt, initial approval, submission to the Court for final approval and then upon Court approval, payment of professional fees in the above matter and estate be transferred from co-receiver Michael Grassmueck to Co-receiver Maggie Lyons. The Joint Receivers are authorized to take such steps and execute such documents as are necessary to effect such a transfer. See formal order. Signed on 3/19/2014 by Chief Judge Ann L. Aiken. (rh)
March 19, 2014 Filing 2529 Motion and Application for Order Transferring the Duties Associated With Approval of Professionals' Applications for Payment and Payment Thereof From Co-Receiver Michael Grassmueck to Co-Receiver Maggie Lyons. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Proposed Order) (Stewart, John)
March 10, 2014 Filing 2528 Notice of Request for No Further Notice Filed by David Thurber (Ketterling, Keith)
March 5, 2014 Filing 2527 Amended MOTION FOR FEES of Filing of Billing Statement of Moss Adams LLP for the Period from January 1, 2014 through January 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 3/5/2014 (cw).
March 5, 2014 Filing 2526 Amended MOTION FOR FEES of Filing of Billing Statement of Moss Adams LLP for the Period from December 1, 2013 through December 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 3/5/2014 (cw).
March 5, 2014 Filing 2525 Amended MOTION FOR FEES of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2013 through November 30, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 3/5/2014 (cw).
February 25, 2014 Opinion or Order Filing 2523 ORDER: Granting fee application of Receiver Michael A. Grassmueck for the period of December 1, 2013, through December 31, 2013 #2514 . The court approves and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $17,108.41. Ordered by Chief Judge Ann L. Aiken. (rh)
February 25, 2014 Opinion or Order Filing 2522 ORDER: Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of March 1, 2013 through October 31, 2013 #2509 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $80,325.70. Ordered by Chief Judge Ann L. Aiken. (rh)
February 25, 2014 Opinion or Order Filing 2521 ORDER: Granting fee application of DLA Piper as special counsel to the Receiver for the period of October 1, 2012 to August 31, 2013 #2504 . The court approves and authorizes the professional fees and expenses submitted and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $12,699.50. Ordered by Chief Judge Ann L. Aiken. (rh)
February 25, 2014 Opinion or Order Filing 2520 ORDER: Granting fee application of Receiver Michael A. Grassmueck for the period of October 1, 2013, through November 30, 2013 #2503 . The court approves and authorizes the professional fees and expenses submitted and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $32,535.03. Ordered by Chief Judge Ann L. Aiken. (rh)
February 23, 2014 Opinion or Order Filing 2524 ORDER: Claimant William Wagner's motion to determine validity of claim number C5469 #2512 is denied. See formal order. Signed on 2/23/2014 by Chief Judge Ann L. Aiken. (rh)
February 18, 2014 Opinion or Order Filing 2519 ORDER: The fee applications of Moss Adams, LLP for the months of November and December of 2013, and January, 2014 (Motions for Attorney Fees ( #2501 , #2510 and #2518 ) are denied without prejudice. Signed on 2/18/2014 by Chief Judge Ann L. Aiken. (cp)
February 14, 2014 Filing 2518 Motion for fees filing of Billing Statement of Moss Adams LLP for the Period from January 1, 2014 through January 31, 2014 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 2/18/2014 to change to motion (cw).
February 12, 2014 Filing 2517 Reply in Support of to Motion to Determine Validity of Claim No. C5469 #2512 . Filed by Willaim E Wagner, II. (Jacoby, Kevin)
February 5, 2014 Filing 2516 Declaration of Receiver Michael Grassmueck in Support of Receivers' Opposition to Motion of William E. Wagner II to Determine Validity of Claim No. C5469 (with Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Response in Opposition to Motion #2515 .) (Attachments: #1 Exhibit A through C) (Zaro, David)
February 5, 2014 Filing 2515 Response in Opposition of Receivers (with Certificate of Service) to Motion to Determine Validity of Claim No. C5469 #2512 . Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
January 23, 2014 Filing 2514 Notice of Twenty Third Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period December 1, 2013 through December 31, 2013 (with Exhibit A and Certificate of Service) Filed by Michael Grassmueck (Zaro, David) Modified on to correct document type to motion 1/23/2014 (cw).
January 23, 2014 Filing 2513 Declaration of William E. Wagner II in Support of Motion to Determine Validity of Claim No. C5469. Filed by Willaim E Wagner, II. (Related document(s): Motion - Miscellaneous #2512 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Jacoby, Kevin)
January 23, 2014 Filing 2512 Motion to Determine Validity of Claim No. C5469. Filed by Willaim E Wagner, II. (Jacoby, Kevin)
January 17, 2014 Opinion or Order Filing 2511 ORDER: Granting fee application of Joint Receiver Maggie Lyons of Resolve Financial Group for the period of May 1, 2013, through November 30, 2013 #2498 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $42,437.50. Ordered by Chief Judge Ann L. Aiken. (rh)
January 14, 2014 Filing 2510 Motion for fees Filing of Billing Statement of Moss Adams LLP for the Period from December 1, 2013 through December 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 2/18/2014 to change to motion (cw).
December 20, 2013 Filing 2509 Motion for fees of Thirty Second Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period March 1 through October 31, 2013 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David) Modified on 2/18/2014 to change to motion for fees (cw).
December 20, 2013 Filing 2508 Clerk's Notice of Mailing to Erich N. Durlacher, Burr & Forman LLP, 171 17th St, NW, Suite 1100, Atlanta, GA 30363 copy of #2507 . (rh)
December 20, 2013 Opinion or Order Filing 2507 ORDER: Settlement Agreement #2505 is approved and authorized representatives of the parties and, in particular, the Joint Receivers are authorized to take such steps and execute such documents as are necessary to conclude this matter. Signed on 12/20/2013 by Chief Judge Ann L. Aiken. (rh)
December 20, 2013 Filing 2506 Proposed Form of Order Submitted Approving Settlement Agreement. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Attachment Order) (Stewart, John)
December 20, 2013 Filing 2505 Motion and Application for Order Approving Settlement Agreement Between Joint Receivers and Cohen, Milstein Sellers & Toll; Kit Pierson; Justine Fischer; and Herbert Adelman. Filed by Michael Grassmueck, Maggie Lyons. (Attachments: #1 Exhibit A) (Stewart, John)
December 19, 2013 Filing 2504 Motion for fees Second Application for Professional Compensation of DLA Piper as Special Counsel to Receiver Michael A. Grassmueck Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Certificate of Service) (Zaro, David) Modified on 2/18/2014 to change to motion for fees (cw).
December 19, 2013 Filing 2503 Motion for fees Twenty-Second Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period October 1, 2013 through November 30, 2013 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Certificate of Service) (Zaro, David) Modified on 2/18/2014 to change to motion for fees (cw).
December 13, 2013 Filing 2501 Motion for fees of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2013 through November 30, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 2/18/2014 to change to motion for fees (cw).
December 11, 2013 Filing 2502 MINUTES of Proceedings: Settlement Conference. Case settles. The Court retains jurisdiction to enforce the terms of the settlement agreement. Kit Pierson present as counsel for DeVaney plaintiffs. John Spencer Stewart; David Zaro; Ford Elsaesser present as counsel for receivers. FTR Gold. Magistrate Judge Thomas M. Coffin presiding. (plb)
December 11, 2013 Filing 2500 Clerk's Notice of Mailing copy of docket #2499 mailed to Erich N. Durlacher, Burr & Forman LLP, 171 17th St, NW Suite 1100, Atlanta, GA 30363. (rh)
December 11, 2013 Opinion or Order Filing 2499 ORDER: Granting fee application of Moss Adams, LLP for the period of October 1, 2013, through October 31, 2013 #2493 with the exception that the hourly rate for Nicole Lewis is reduced to $150. The court approves and authorizes the professional fees and expenses submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $4,204. Ordered by Chief Judge Ann L. Aiken. (rh)
December 3, 2013 Filing 2498 Motion and Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period May 1, 2013, Through November 30, 2013 Filed by Maggie Lyons (Attachments: #1 Exhibit A) (Elsaesser, Ford) Modified on 12/5/2013 to correct event (dkj).
November 26, 2013 Filing 2497 Clerk's Notice of Mailing to Erich N. Durlacher, Burr & Forman LLP, 171 17th St, NW, Suite 1100, Atlanta, GA 30363 regarding Order on Motion for Attorney Fees 2496 . (rh)
November 26, 2013 Opinion or Order Filing 2496 ORDER: Granting fee application of Receiver Michael A. Grassmueck for the period of June 1, 2013, through September 30, 2013 #2488 . The court approves and authorizes the professional fees and expenses submitted and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $76,366.53. Ordered by Chief Judge Ann L. Aiken. (rh)
November 23, 2013 Opinion or Order Filing 2495 ORDER: Granting fee application of Moss Adams, LLP, for the period of September 1, 2013, through September 30, 2013 #2474 with the exception that the hourly rate for James B. Gaffney is reduced to $450. The court approves and authorizes the professional fees and expenses submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $11,118.12. Ordered by Chief Judge Ann L. Aiken. (lg)
November 15, 2013 Filing 2493 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from October 1, 2013 through October 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 11/18/2013 to file as motion for fees (cw).
November 13, 2013 Filing 2492 Declaration of David R. Zaro re Non-Receipt of Opposition to Motion of Receiver for Authority to Accept Revenue Agent Report and to Affirm Disposition of State and Local Tax Returns. Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Motion - Miscellaneous, #2475 .) (Zaro, David)
November 7, 2013 Opinion or Order Filing 2494 ORDER: Granting Motion By Receivers Michael A. Grassmueck and Maggie Lyons for Authority to Accept Revenue Agent Report and To Affirm Disposition of State and Local Tax Returns #2475 . Signed on 11/7/2013 by Chief Judge Ann L. Aiken. (plb)
November 7, 2013 Opinion or Order Filing 2491 Scheduling Order by Magistrate Judge Thomas M. Coffin. Settlement Conference is set for 12/11/2013 at 10:00AM in Chambers before Magistrate Judge Thomas M. Coffin. The presence of the following parties (or representatives with settlement authority) is required: Maggie Lyons, John Spencer Stewart, Michael Grassmueck, David Zaro, Justine Fischer, Kit Pierson and Herbert Adelman. Other interested parties may arrange to attend the settlement conference by contacting Paul Bruch at (541) 431-4111 no later than 11/27/2013. Ordered parties to submit settlement document to the court by 12:00PM, 12/4/2013, in which they state realistic proposals they are willing to make or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING SETTLEMENT DOCUMENT. Signed on 11/7/2013 by Magistrate Judge Thomas M. Coffin. (plb)
November 7, 2013 Opinion or Order Filing 2490 ORDER: Denying as Moot Motion for Status Conference #2464 . A settlement conference will be set before Magistrate Judge Thomas M. Coffin by separate order. Ordered by Chief Judge Ann L. Aiken. (plb)
November 7, 2013 Opinion or Order Filing 2489 ORDER: Denying Motion to File Excess Pages without prejudice to refile after settlement conference has been held #2485 . Ordered by Chief Judge Ann L. Aiken. (plb)
October 29, 2013 Filing 2488 Notice of Twenty-First Interim Application for Professional Compensation of Receiver, Michael A. Grassmueck for the Period June 1, 2013 through September 30, 2012 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Certificate of Service) (Zaro, David) Modified on 10/30/2013 (cw).
October 29, 2013 Opinion or Order Filing 2487 ORDER: Granting fee application of Moss Adams, LLP for the period of August 1, 2013, through August 31, 2013 #2472 . The court approves and authorizes the professional fees and expenses submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $41,399.00. Ordered by Chief Judge Ann L. Aiken. (lg)
October 28, 2013 Filing 2486 Notice of Attorney Withdrawal: Thomas R. Johnson Filed by J. Wallace Gutzler (Johnson, Thomas)
October 25, 2013 Filing 2485 Unopposed Motion to File Excess Pages . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit)
October 17, 2013 Filing 2484 Supplement Certificate of Service re Motion by Receivers Michael A. Grassmueck and Maggie Lyons for Authority to Accept Revenue Agent Report and Affirm Disposition of State and Local Tax Returns and Supporting Documents Thereto. Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Motion - Miscellaneous, #2475 .) (Zaro, David)
October 17, 2013 Filing 2483 Notice of Attorney Withdrawal: Filed by General Electric Capital Corporation (Pearson, Teresa)
October 17, 2013 Filing 2482 Notice Request for No Further Notice Filed by JPMorgan Chase Bank, National Association (Alterman, Susan)
October 17, 2013 Filing 2481 Notice Request for No Further Notice Filed by Marathon Asset Management, L.P. (Criswell, David)
October 16, 2013 Filing 2480 Notice of Attorney Withdrawal: Michael E. Liftik Filed by Securities and Exchange Commission (O'Callaghan, Sheila)
October 16, 2013 Filing 2479 Notice of Attorney Withdrawal: Marc J. Fagel Filed by Securities and Exchange Commission (O'Callaghan, Sheila)
October 15, 2013 Filing 2478 Proposed Form of Order Submitted Authorizing The Receivers, Michael A. Grassmueck and Maggie Lyons to Accept Revenue Agent Report and To Affirm Disposition of State and Local Tax Returns (with Exhibit A and Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
October 15, 2013 Filing 2477 Declaration of Receiver Michael A. Grassmueck In Support of Motion for Authority to Accept Revenue Agent Report and To Affirm Disposition of State and Local Tax Returns (with Exhibit A and Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Motion - Miscellaneous, #2475 .) (Zaro, David)
October 15, 2013 Filing 2476 Memorandum in Support of Motion by Receivers Michael A. Grassmueck and Maggie Lyons for Authority to Accept Revenue Agent Report and Affirm Disposition of State and Local Tax Returns (with Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Motion - Miscellaneous, #2475 .) (Zaro, David)
October 15, 2013 Filing 2475 Motion By Receivers Michael A. Grassmueck and Maggie Lyons for Authority to Accept Revenue Agent Report and To Affirm Disposition of State and Local Tax Returns (with Certificate of Service). Oral Argument requested. Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
October 15, 2013 Filing 2474 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from September 1, 2013 through September 30, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 10/18/2013 (cw).
September 25, 2013 Opinion or Order Filing 2473 Order. Granting fee application of Receiver Michael A. Grassmueck for the period of February 1, 2013 through May 31, 2013 #2448 . The court approves and authorizes the professional fees submitted and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $82,519.93. Ordered by Chief Judge Ann L. Aiken. (lg)
September 16, 2013 Filing 2472 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from August 1, 2013 through August 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 9/17/2013 (cw).
September 13, 2013 Opinion or Order Filing 2471 ORDER: Granting fee application of Moss Adams, LLP for the period of July 1, 2013, through July 31, 2013 #2469 . The Court approves and authorizes the professional fees and expenses submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $86,205.50. Ordered by Chief Judge Ann L. Aiken. (lg)
September 13, 2013 Opinion or Order Filing 2470 ORDER: Granting fee application of Moss Adams, LLP for the period of June 1, 2013, through June 30, 2013 #2463 . The Court approves and authorizes the professional fees and expenses submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $93,874.10. Ordered by Chief Judge Ann L. Aiken. (lg) Modified on 9/13/2013 to correct typo (lg).
August 15, 2013 Filing 2469 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from July 1, 2013 through July 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A - Invoice) (Kennedy, Albert) Modified on 8/15/2013 to change event type to motion. (cw).
August 8, 2013 Opinion or Order Filing 2468 ORDER: Granting fee application of Moss Adams, LLP for the period of May 1, 2013, through May 31, 2013 #2452 . The court approves and authorizes the professional fees and expenses submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $48,432.28. The application also includes hours for work done on April 17, 18, 22, 23 and 25, 2013 by James Gaffney and work done on April 24, 2013 by Paul Waldram which had not been billed in the previous April application. Ordered by Chief Judge Ann L. Aiken. (lg)
July 23, 2013 Filing 2466 Response to Motion for Status Conference #2464 . Filed by Stewart Sokol & Gray LLC. (Stewart, John)
July 22, 2013 Opinion or Order Filing 2467 ORDER: The motion for an order to enforce settlement agreement and to show cause #2425 and amended motion #2436 are denied. Signed on 7/22/13 by Chief Judge Ann L. Aiken. (ljb)
July 16, 2013 Filing 2464 Motion for Status Conference. Filed by Certain Plaintiffs' Counsel. (Attachments: #1 Exhibit A (Ninth Circuit Decision), #2 Exhibit B (Mandate), #3 Exhibit C (Appellate Brief)) (Pierson, Kit)
July 15, 2013 Filing 2463 Notice of Filing of Billing Statement of Moss Adams LLP for the Period From June 1, 2013 Through June 30, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Moss Adams Invoice) (Kennedy, Albert) Modified on 7/16/2013 (cw).
July 10, 2013 Filing 2465 MANDATE of USCA for the 9th Circuit, USCA # 11-35788, re Notice of Appeal #2173 . The decision of the District Court is reversed and remanded. (Attachments: #1 Memorandum) (ljb)
July 3, 2013 Opinion or Order Filing 2462 ORDER: Granting Motion #2440 to Authorize Receivers to File Federal and State Income Tax Returns Consistent with the Resolution of the Audit with the Internal Revenue Service. Signed on 7/3/13 by Chief Judge Ann L. Aiken. (ljb)
July 2, 2013 Filing 2461 Proposed Form of Order Submitted Authorizing The Receivers, Michael A. Grassmueck and Maggie Lyons, to File Federal and State Income Tax Returns Consistent With the Resolution of the Audit With The Internal Revenue Service (with Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
June 27, 2013 Filing 2460 Declaration of Leslie S. Johnson in Support of Gutzler/Fisher Motion to Enforce Settlement. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Related document(s): Motion - Miscellaneous #2436 .) (Attachments: #1 Exhibit G, #2 Exhibit H) (Johnson, Leslie)
June 27, 2013 Filing 2459 Supplemental Declaration of J. Wallace Gutzler in Support of Gutzler/Fisher Motion to Enforce Settlement. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Related document(s): Motion - Miscellaneous #2436 .) (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F) (Johnson, Leslie)
June 27, 2013 Filing 2458 Reply to Response of Joint Receivers and SRM to Amended Motion to Enforce Settlement Agreement and Order to Show Cause #2436 Oral Argument requested. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Johnson, Leslie)
June 25, 2013 Opinion or Order Filing 2457 ORDER: Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of January 1, 2013 through January 31, 2013 #2432 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees in the amount of $17,120.37. Ordered by Chief Judge Ann L. Aiken. (lg)
June 25, 2013 Opinion or Order Filing 2456 ORDER: Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of February 1, 2013, through February 28, 2013 #2433 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees in the amount of $12,530.87. Ordered by Chief Judge Ann L. Aiken. (lg)
June 25, 2013 Opinion or Order Filing 2455 ORDER: Granting fee application of Joint Receiver Maggie Lyons and Resolve Financial Group for the period of February 1, 2013, through April 30, 2013 #2439 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees in the amount of $16,078.00. Ordered by Chief Judge Ann L. Aiken. (lg)
June 25, 2013 Opinion or Order Filing 2454 ORDER: Granting fee application of Moss Adams, LLP for the period of April 1, 2013 through April 30, 2013 #2430 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees in the amount of $16,798.50. Ordered by Chief Judge Ann L. Aiken. (lg)
June 14, 2013 Filing 2453 Reply to Plaintiff SEC's Response to Amended Motion to Enforce Settlement Agreement and Order to Show Cause #2436 Oral Argument requested. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Johnson, Leslie)
June 13, 2013 Filing 2452 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from May 1, 2013 through May 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert) Modified on 6/14/2013 (cw).
June 10, 2013 Filing 2451 Declaration of Michael A. Grassmueck . Filed by Sunwest Rollover Member LLC. (Related document(s): Response in Opposition to Motion, #2449 .) (Elsaesser, Ford)
June 10, 2013 Filing 2450 Declaration of William M. Bryan . Filed by Sunwest Rollover Member LLC. (Related document(s): Response in Opposition to Motion, #2449 .) (Attachments: #1 Exhibit A - Part 1 of 3, #2 Exhibit A - Part 2 of 3, #3 Exhibit A - Part 3 of 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Elsaesser, Ford)
June 10, 2013 Filing 2449 Joint Response in Opposition by Joint Receivers, Michael Grassmueck and Maggie Lyons, and Sunwest Rollover Member LLC to Amended Motion to Enforce Settlement Agreement and Order to Show Cause #2436 , Motion for Order to Enforce Settlement Agreement and Order to Show Cause #2425 . Filed by Sunwest Rollover Member LLC. (Elsaesser, Ford)
June 7, 2013 Filing 2448 Notice Twentieth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period February 1, 2013 Through May 31, 2013 Filed by Michael Grassmueck (Larkins, William)
June 6, 2013 Filing 2447 Supplement /Addendum to Stipulated Order Voiding Judgment in Favor of Elizabeth Gooley. Filed by Darryl E. Fisher. (Related document(s): Order #2445 .) (Vanden Bos, Robert)
June 6, 2013 Opinion or Order Filing 2446 Stipulation and Order Voiding Judgment in Favor of Elizabeth Gooley by Darryl E. Fisher. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
June 5, 2013 Opinion or Order Filing 2445 Order allowing Stipulated Order Voiding Judgment in Favor of Elizabeth Gooley. The show cause hearing scheduled for 6/11/2013 at 9:30am is cancelled. Signed on 6/3/2013 by Chief Judge Ann L. Aiken. (lg) (lg)
June 5, 2013 Opinion or Order Filing 2444 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Event #2443 is incomplete. Page 3 of the Stipulated Order was omitted. The document shall be reentered. (lg)
June 3, 2013 Opinion or Order Filing 2443 Order allowing Stipulated Order Voiding Judgment in Favor of Elizabeth Gooley. The show cause hearing scheduled for 6/11/2013 at 9:30am is cancelled. Signed on 6/3/2013 by Chief Judge Ann L. Aiken. (lg)
May 31, 2013 Filing 2442 Declaration of Receiver Michael A. Grassmueck in Support of Motion for Authority to Resolve Tax Audit (with Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Motion - Miscellaneous #2440 .) (Zaro, David)
May 31, 2013 Filing 2441 Memorandum in Support of Receivers Motion for Authority to Resolve Income Tax Audit (with Exhibit A and Certificate of Service). Filed by Michael Grassmueck, Maggie Lyons. (Related document(s): Motion - Miscellaneous #2440 .) (Zaro, David)
May 31, 2013 Filing 2440 Motion by Receivers Michael Grassmueck and Maggie Lyons for Authority to Resolve Income Tax Audit (with Certificate of Service). Oral Argument requested. Filed by Michael Grassmueck, Maggie Lyons. (Zaro, David)
May 30, 2013 Filing 2439 Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period February 1, 2013, through April 30, 2013 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Elsaesser, Ford) Modified on 6/6/2013 (cw).
May 29, 2013 Opinion or Order Filing 2438 Scheduling Order by Chief Judge Ann L. Aiken regarding Amended Motion to Enforce Settlement Agreement and Order to Show Cause #2436 , Motion for Order to Enforce Settlement Agreement and Order to Show Cause #2425 . In light of the amended motion to enforce settlement agreement and order to show cause, interested parties are allowed until 6/10/2013 to file a response to the pending motions #2425 and #1426 . Optional replies are due in the normal course. Motions are taken under advisement as of 7/8/2013. Ordered by Chief Judge Ann L. Aiken. (plb)
May 28, 2013 Filing 2437 Response to Motion for Order to Enforce Settlement Agreement and Order to Show Cause #2425 . Filed by Securities and Exchange Commission. (LaMarca, Susan)
May 24, 2013 Filing 2436 Amended Motion to Enforce Settlement Agreement and Order to Show Cause. Oral Argument requested. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Kent, Christopher)
May 23, 2013 Filing 2435 Administrative Record Correspondence re Stipulated Order. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
May 23, 2013 Filing 2434 Stipulation re Motion for Order to Show Cause Why an Order Should Not Issue Voiding Judgment in Favor of Elizabeth A. Gooley #2401 by Darryl E. Fisher. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
May 20, 2013 Filing 2433 Notice Thirty First Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period February 1 through 28, 2013 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David) Modified on 6/6/2013 (cw).
May 20, 2013 Filing 2432 Notice Thirtieth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to The Receiver for The Period January 1 through 31, 2013 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David) Modified on 6/6/2013 (cw).
May 15, 2013 Filing 2431 USCA Memorandum/Opinion for the 9th Circuit USCA #11-35788 re Notice of Appeal #2173 : The Court reverses the district court's fee award and remands with instructions to reconsider counsel's fees and give a detailed explanation of the calculation upon which it bases its award. The Court reverses the district court's denial of counsel's expenses and directs the district court to award those expenses as appropriate. Because this court granted counsel's partial stay of the distribution of funds from the litigation trust pending this appeal, this Court vacates the stay so that the district court may award the expenses. Reversed and Remanded. (ljb)
May 15, 2013 Filing 2430 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from April 1, 2013 through April 30, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A - Moss Adams Invoice) (Kennedy, Albert) Modified on 6/6/2013 (cw).
May 14, 2013 Opinion or Order Filing 2429 Scheduling Order by Chief Judge Ann L. Aiken regarding Motion for Order to Enforce Settlement Agreement and Order to Show Cause #2425 . To the extent the Motion [#2425] seeks an expedited hearing, that request is denied. All interested parties to file a response within 14 days of the date of this order. Response is due by 5/28/2013. Motion is taken under advisement as of 6/17/2013. Ordered by Chief Judge Ann L. Aiken. (cw)
May 13, 2013 Filing 2428 Declaration of J. Wallace Gutzler in Support of Motion to Enforce Settlement Agreement. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Related document(s): Motion - Miscellaneous #2425 .) (Johnson, Leslie)
May 13, 2013 Filing 2427 Declaration of Brentley M. Bullock in Support of Motion to Enforce Settlement Agreement. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Related document(s): Motion - Miscellaneous #2425 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Johnson, Leslie)
May 13, 2013 Filing 2426 Memorandum in Support of Motion to Enforce Settlement Agreement and to Freeze Assets. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Related document(s): Motion - Miscellaneous #2425 .) (Johnson, Leslie)
May 13, 2013 Filing 2425 Motion for Order to Enforce Settlement Agreement and Order to Show Cause. EXPEDITED HEARING requested. Filed by Darryl E. Fisher, J. Wallace Gutzler. (Johnson, Leslie)
May 13, 2013 Opinion or Order Filing 2424 Order. Granting fee application of Moss Adams, LLP, for the period of March 1, 2013, through March 31, 2013 (#2419) (which includes fees for work done on February 20-28, 2013, not sought on the previous fee application). The court approves and authorizes the professional fees submitted and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees in the amount of $21,819.50. Ordered by Chief Judge Ann L. Aiken. (lg)
May 13, 2013 Opinion or Order Filing 2423 Order.Granting fee application of Receiver Michael A. Grassmueck for the period of October 20, 2012 through January 31, 2013 (#2413). The court approves and authorizes the professional fees submitted and authorizes Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $77,779.86. Ordered by Chief Judge Ann L. Aiken. (lg)
May 13, 2013 Opinion or Order Filing 2422 Order Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of October 1, 2012 through October 31, 2012 (#2414). The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $13,750.88. Ordered by Chief Judge Ann L. Aiken. (lg)
May 13, 2013 Opinion or Order Filing 2421 Order Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of November 1, 2012 through November 30, 2012 (#2415). The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $12,499.40. Ordered by Chief Judge Ann L. Aiken. (lg)
May 13, 2013 Opinion or Order Filing 2420 Order Granting fee application of Allen Matkins Leck Gamble Mallory & Natsis, LLP for the period of December 1, 2012 through December 31, 2012 (#2416). The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $5,715.00. Ordered by Chief Judge Ann L. Aiken. (lg)
April 15, 2013 Filing 2419 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from March 1, 2013 through March 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
April 11, 2013 Opinion or Order Filing 2418 Order Vacating order granting fee application of Moss Adams, LLP, for the period of December 1, 2012 through December 31, 2012 2407 and granting the corrected fee application of Moss Adams, LLP for the period of December 1, 2012 through December 31, 2012 #2411 . To the extent the Receiver has paid the previous fee application in the amount of $49,094.79, that amount shall be returned. The court approves and authorizes the corrected professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $6,548.00. Ordered by Chief Judge Ann L. Aiken. (lg)
April 11, 2013 Opinion or Order Filing 2417 Order.Granting fee application of Moss Adams, LLP, for the period of February 1, 2013, through February 28, 2013 #2410 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees in the amount of $23,541.36. Ordered by Chief Judge Ann L. Aiken. (lg)
March 25, 2013 Filing 2416 Notice Twenty Ninth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to The Receiver for the Period December 1 through 31, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
March 25, 2013 Filing 2415 Notice Twenty Eighth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for The Period November 1 through 30, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
March 25, 2013 Filing 2414 Notice Twenty Seventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel To The Receiver for The Period October 1 through 31, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
March 25, 2013 Filing 2413 Notice Nineteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period October 20, 2012 Through January 31, 2013 Filed by Michael Grassmueck (Larkins, William)
March 13, 2013 Filing 2411 Amended Notice re Notice #2405 Filed by Clyde A. Hamstreet CRO (Related document(s): Notice #2405 .) (Attachments: #1 Exhibit Moss Adams Invoice for December 2012 Services) (Kennedy, Albert)
March 13, 2013 Filing 2410 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from February 1, 2013 through February 28, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Statement of Services Rendered in February 2013) (Kennedy, Albert)
March 12, 2013 Opinion or Order Filing 2412 Order to Show Cause as to Elizabeth Gooley. Show Cause Hearing is set for 6/11/2013 at 09:30AM in Eugene Courtroom 2 before Chief Judge Ann L. Aiken. Signed on 3/12/2013 by Chief Judge Ann L. Aiken. (lg)
March 6, 2013 Opinion or Order Filing 2409 Order GRANTING fee application of Joint Receiver Maggie Lyons and Resolve Financial Group for the period of November 2012, through January 2013 #2404 . The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $18,007.03. Ordered by Chief Judge Ann L. Aiken. (lg)
March 6, 2013 Opinion or Order Filing 2408 Order GRANTING fee application of Moss Adams, LLP #2406 for the period of January 1, 2013 through January 31, 2013. The court approves and authorized the professional fees submitted and orders Michael Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $37,487.50. Ordered by Chief Judge Ann L. Aiken. (lg)
March 6, 2013 Opinion or Order Filing 2407 Order GRANTING fee application of Moss Adams, LLP #2405 for the period of December 1, 2012 through December 31, 2012. The court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $49,094.79. Ordered by Chief Judge Ann L. Aiken. (lg)
February 8, 2013 Filing 2406 Notice of Filing of Billing Statement of Mos Adams LLP for the Period from January 1, 2013 through January 31, 2013 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
February 8, 2013 Filing 2405 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from December 1, 2012 through December 31, 2012 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit A) (Kennedy, Albert)
February 8, 2013 Filing 2404 Notice Motion and Notice of Filing of Billing Statement of Joint Receiver, Maggie Lyons, of Resolve Financial Group, Inc., for Period November 2012 Through January 2013 Filed by Maggie Lyons (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Elsaesser, Ford)
February 4, 2013 Filing 2403 Proposed Order for a Hearing to Show Cause to be held before Thomas M. Coffin . Filed by Darryl E. Fisher. (Vanden Bos, Robert)
February 4, 2013 Filing 2402 Memorandum in Support of Darryl E. Fisher's Motion for Order to Show Cause Why an Order Should Not Issue Voiding Judgment in Favor of Elizabeth A. Gooley. Filed by Darryl E. Fisher. (Related document(s): Motion for Order to Show Cause #2401 .) (Vanden Bos, Robert)
February 4, 2013 Filing 2401 Motion for Order to Show Cause Why an Order Should Not Issue Voiding Judgment in Favor of Elizabeth A. Gooley. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
January 29, 2013 Filing 2400 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Thomas M. Coffin to Chief Judge Ann L. Aiken. (eo)
January 3, 2013 Opinion or Order Filing 2399 Order: Granting fee application of Moss Adams, LLP for the period of October 1, 2012 through October 31, 2012, #2396 , except that the hourly rate for Emily J. Beymer is reduced to $100. The Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $29,610.78. Dated: 1/3/2013 by Chief Judge Ann L. Aiken. (cw)
January 3, 2013 Opinion or Order Filing 2398 Order: Granting fee application of Moss Adams, LLP for the period of November 1, 2012, through November 30, 2012, #2397 . The Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay the requested fees and expenses in the amount of $16,908.00. Dated: 1/3/2013 by Chief Judge Ann L. Aiken. (cw)
December 7, 2012 Filing 2397 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2012 through November 30, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
November 15, 2012 Filing 2396 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from October 1, 2012 through October 31, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
November 7, 2012 Filing 2395 **CORRECTED** Notice of Case Reassignment: This case has been reassigned from Chief Judge Ann L. Aiken to Magistrate Judge Thomas M. Coffin. (eo)
November 6, 2012 Filing 2394 Notice of Case Reassignment: This case has been reassigned from Judge Michael R. Hogan to Chief Judge Ann L. Aiken. (eo)
October 31, 2012 Opinion or Order Filing 2392 ORDER: Granting Motion DLA Piper LLP Invoice #2391 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $18,717.00. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Filing 2391 Motion DLA Piper LLP Invoice. Filed by Michael Grassmueck. (Larkins, William)
October 31, 2012 Opinion or Order Filing 2390 Order granting Motion Eighteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period September 1, 2012 Through October 19, 2012 #2379 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $40,194.91. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2389 Order granting Notice of Eleventh Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC #2377 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $4,098.56. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2388 Order granting Notice of Twenty Sixth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver for the Period September 1, 2012 through September 30, 2012 #2376 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $20,205.00. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2387 Order granting Notice of Twenty Fifth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel To The Receiver For The Period August 1, 2012 Through August 31, 2012 #2375 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $16,452.43. Ordered by Judge Michael R. Hogan. (sln) Modified text on 10/31/2012 (sln).
October 31, 2012 Opinion or Order Filing 2386 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from September 1, 2012 through September 30, 2012 #2374 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $28,069.50. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2385 Order granting Notice of Tenth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC #2372 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $6,833.44. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2384 Order granting Notice of First Application for Compensation and Expenses reimbursement for billing statement of Thomas J. Wettlaufer #2373 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $4,225.00. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2383 Order granting Notice Seventeenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period May 1, 2012 Through August 31, 2012 #2368 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $150,858.67. Ordered by Judge Michael R. Hogan. (sln)
October 31, 2012 Opinion or Order Filing 2382 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from August 1, 2012 through August 31, 2012 #2357 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $36,600. Ordered by Judge Michael R. Hogan. (sln)
October 30, 2012 Opinion or Order Filing 2393 Order of USCA for the 9th Circuit, USCA # 11-35853, re Marvin Calhoun's Notice of Appeal #2191 . The appeal is dismissed. (sln)
October 26, 2012 Opinion or Order Filing 2381 Order - it is ordered that Maggie Lyons and Michael Grassmueck, from the date of this order, shall serve as joint receivers, and shall jointly perform all receivership duties provided for under the distribution plan and the confirmed Chapter 11 plan of reorganization. The court further orders that all matters with regard to future distributions to investors and creditors; and any and allissues with regard to the payment of claims; the investment of estate funds; and any other ministerial duties of the receivership shall be performed by Willamette Property Holdings, LLC. Duties remaining with the receivership, to be performed by the joint receivers, shall include the filing of tax returns andany payments due thereunder, that may be due to the Internal Revenue Service or any particular state, and the filings of such reports with the court as this court, or any successor, shall deem appropriate. Signed on 10/26/12 by U.S. District Judge Michael R. Hogan. (sln)
October 26, 2012 Opinion or Order Filing 2380 Order - the claim of John Saban is allowed in the MIMO amounts as determined by the Receiver, and that John Saban shall be paid the amount equivalent to the previous distributions upon allowed MIMO claims. Signed on 10/26/12 by U.S. District Judge Michael R. Hogan. (sln)
October 25, 2012 Filing 2379 Motion Eighteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period September 1, 2012 Through October 19, 2012. Filed by Michael Grassmueck. (Larkins, William)
October 24, 2012 Opinion or Order Filing 2378 ORDER: Receiver's Motion for Approval of interim Distributions pursuant to the plan of reorganization and plan of distribution #1730 is denied as moot; Paul Connolly's Motion to Clarify Order settling claims of Paul Connolly #1919 is denied as moot; Sunwest Investors/Third-Party Claimants Motion Requesting In Camera Review And Filing Under Seal of Privileged And Confidential Communications #1970 is granted and the court has review the materials. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 24, 2012 Filing 2377 Notice of Eleventh Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
October 15, 2012 Filing 2376 Notice of Twenty Sixth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver for the Period September 1, 2012 through September 30, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
October 15, 2012 Filing 2375 Notice of Twenth Fifth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel To The Receiver For The Period August 1, 2012 Through August 31, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
October 15, 2012 Filing 2374 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from September 1, 2012 through September 30, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
October 10, 2012 Filing 2372 Notice of Tenth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
October 9, 2012 Filing 2373 Notice of First Application for Compensation and Expenses reimbursement for billing statement of Thomas J. Wettlaufer. Filed by Willamette Property Holdings, LLC (sln)
October 5, 2012 Opinion or Order Filing 2371 ORDER: Approving Motion for Settlement Agreement by and between Receivership Estate, Willamette Property Holdings, LLC and Charles B. Hall #2369 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 5, 2012 Opinion or Order Filing 2370 ORDER: the Harders' Motion to Strike #1875 is denied and the SEC Motion for remedies #1749 is denied. Signed on 10/5/12 by U.S. District Judge Michael R. Hogan. (sln)
October 4, 2012 Filing 2369 Motion for Settlement Approval. Filed by Willamette Property Holdings, LLC. (Attachments: #1 Proposed Order) (Stewart, John)
October 2, 2012 Filing 2368 Notice Seventeenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period May 1, 2012 Through August 31, 2012 Filed by Michael Grassmueck (Larkins, William)
September 21, 2012 Opinion or Order Filing 2367 Order granting Sixteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period January 1, 2012 Through April 30, 2012 #2356 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $206,347.31. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2366 Order granting Fifteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period September 1, 2011 Through December 31, 2011 #2355 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $177,414.27. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2365 Order granting Notice of Twenty Fourth (24th) Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver for the Period July 1, 2012 through July 31, 2012 #2351 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $14,700.77. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2364 Order granting Notice of Twenty Third (23rd) Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period June 1, 2012 through June 30, 2012 #2350 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $13,573.86. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2363 Order granting Notice of Twenty Second (22nd) Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receiver for the Period May 1, 2012 through May 31, 2012 #2349 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $5,332.29. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2362 Order granting Notice of Filing of Billing Statement of Resolve Financial Group, Inc., for Period July 1, 2012, through July 31, 2012 #2348 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $1,350.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2361 Order granting Notice of Filing of Billing Statement of Resolve Financial Group, Inc., for Period June 1, 2012, through June 30, 2012 #2347 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $1,425.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2360 Order granting Notice of Filing of Billing Statement of Resolve Financial Group, Inc., for Period May 1, 2012, through May 31, 2012 #2346 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $6,262.50. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2012 Opinion or Order Filing 2359 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from July 1, 2012 through July 31, 2012 #2345 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $32,942.50. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 18, 2012 Filing 2358 Notice Request for No Further Notice Filed by Equityline Financial Group, Inc. (Bricken, Kathleen)
September 17, 2012 Filing 2357 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from August 1, 2012 through August 31, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
September 5, 2012 Filing 2356 Notice Sixteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period January 1, 2012 Through April 30, 2012 Filed by Michael Grassmueck (Larkins, William)
September 5, 2012 Filing 2355 Notice Fifteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period September 1, 2011 Through December 31, 2011 Filed by Michael Grassmueck (Larkins, William)
August 29, 2012 Opinion or Order Filing 2354 Order granting Notice Fourteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period May 1, 2011 Through August 31, 2011 #2344 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $234,056.73. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 29, 2012 Opinion or Order Filing 2353 Order granting Ninth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC #2339 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $5,645.06. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 29, 2012 Opinion or Order Filing 2352 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from June 1, 2012 through June 30, 2012 #2337 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $19,390.50. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2012 Filing 2351 Notice of Twenty Fourth (24th) Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver for the Period July 1, 2012 through July 31, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
August 24, 2012 Filing 2350 Notice of Twenty Third (23rd) Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period June 1, 2012 through June 30, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
August 24, 2012 Filing 2349 Notice of Twenty Second (22nd) Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receiver for the Period May 1, 2012 through May 31, 2012 (with Exhibits A and B) Filed by Michael Grassmueck (Zaro, David)
August 17, 2012 Filing 2348 Notice of Filing of Billing Statement of Resolve Financial Group, Inc., for Period July 1, 2012, through July 31, 2012 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit) (Elsaesser, Ford)
August 17, 2012 Filing 2347 Notice of Filing of Billing Statement of Resolve Financial Group, Inc., for Period June 1, 2012, through June 30, 2012 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit) (Elsaesser, Ford)
August 17, 2012 Filing 2346 Notice of Filing of Billing Statement of Resolve Financial Group, Inc., for Period May 1, 2012, through May 31, 2012 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit) (Elsaesser, Ford)
August 15, 2012 Filing 2345 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from July 1, 2012 through July 31, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
August 6, 2012 Filing 2344 Notice Fourteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period May 1, 2011 Through August 31, 2011 Filed by Michael Grassmueck (Larkins, William)
July 30, 2012 Filing 2343 Notice of Request for No Further Notice Filed by Grenley Intervenors, Sunwest Investors/Third-Party Claimants, 138 TIC Owner-Interveners, Bare Land Intervenors, Brown's Canterbury Court, LLC (Grenley, Gary)
July 26, 2012 Opinion or Order Filing 2342 Order granting Notice of 20th Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receiver For The Period March 1 through 30, 2012 #2326 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $20,860.04. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 26, 2012 Opinion or Order Filing 2341 Order granting Notice of 19th Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receiver for the Period February 1 through 29, 2012 #2325 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $15,862.58. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 26, 2012 Opinion or Order Filing 2340 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from May 1, 2012 through May 31, 2012 #2324 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $28,441.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 18, 2012 Filing 2339 Notice of Ninth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
July 16, 2012 Opinion or Order Filing 2338 ORDER: Granting Motion for Order Approving and Authorizing the Sale of Gainesville Mall Property, LLC #2334 . Signed on 7/16/12 by U.S. District Judge Michael R. Hogan. (sln)
July 13, 2012 Filing 2337 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from June 1, 2012 through June 30, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
July 11, 2012 Filing 2336 Notice - Request for No Further Notice Filed by Robert E Price (Risken, Patrick)
July 11, 2012 Filing 2335 Proposed Form of Order Submitted Approving and Authorizing the Sale of GMP LLC - 40 Acre Bare Land Parcel and Authorizing Said Sale Pursuant to Settlement Agreement Dated November 30, 2011. Filed by Willamette Property Holdings, LLC. (Larkin, Thomas)
July 11, 2012 Filing 2334 Motion and Application for Order Approving Sale of Gainesville Mall Property, LLC. Filed by Willamette Property Holdings, LLC. (Larkin, Thomas)
June 29, 2012 Filing 2333 Notice Request for No Further Notice Filed by Police and Fire Retirement System of the City of Detroit (Drew, William)
June 27, 2012 Filing 2332 Notice of Withdrawal and Request for No Further Notice Filed by Tenants in Common Committee (MacLean, Merrilee)
June 27, 2012 Opinion or Order Filing 2331 Order granting Notice of Eighth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC #2323 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $6,143.88. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 27, 2012 Opinion or Order Filing 2330 Order granting Notice of Filing of Billing Statement of Resolve Financial Group, Inc. for Period April 1, 2012 Through April 30, 2012 #2322 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $24,504.58. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 27, 2012 Opinion or Order Filing 2329 ORDER: Granting Notice and Second Supplement Petition for Attorney Fees of Esler, Stephens & Buckley, LLP. #2320 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $28,431.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 27, 2012 Opinion or Order Filing 2328 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from April 1, 2012 through April 30, 2012 #2304 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $17,813.60. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 15, 2012 Filing 2327 Notice of Attorney Withdrawal: and Request for no Further Notice Filed by Hermiston Assisted Living LLC, Lone Star Committee, Prudential Mortgage SL, LLC (Jackson, Dillon)
June 15, 2012 Filing 2326 Notice of 20th Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receiver For The Period March 1 through 30, 2012 Filed by Michael Grassmueck (Attachments: #1 Exhibit A and B) (Zaro, David)
June 15, 2012 Filing 2325 Notice of 19th Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, as Counsel to the Receiver for the Period February 1 through 29, 2012 Filed by Michael Grassmueck (Attachments: #1 Exhibit A and B) (Zaro, David)
June 15, 2012 Filing 2324 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from May 1, 2012 through May 31, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
June 7, 2012 Filing 2323 Notice of Eighth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
June 6, 2012 Filing 2322 Notice of Filing of Billing Statement of Resolve Financial Group, Inc. for Period April 1, 2012 Through April 30, 2012 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A) (Elsaesser, Ford)
May 31, 2012 Filing 2321 Declaration of Michael J. Esler in Support of Second Supplemental Petition for Attorney Fees of Esler, Stephens & Buckley, LLP. Filed by Certain Investor-Plaintiffs. (Related document(s): Petition #2320 .) (Attachments: #1 Exhibit A to Declaration of Micheal J. Esler in Support of Second Supplemental Petition for Attorney Fees of Esler, Stephens & Buckley, LLP) (Esler, Michael)
May 31, 2012 Filing 2320 Supplemental Petition --Notice and Second Supplement Petition for Attorney Fees of Esler, Stephens & Buckley, LLP. Filed by Certain Investor-Plaintiffs against Sunwest Management, Inc.. (Esler, Michael)
May 22, 2012 Opinion or Order Filing 2319 Order granting Notice of Seventh Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC #2297 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $6,440.47. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2318 ORDER: Granting Thirteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period January 1, 2011 Through April 30, 2011 #2288 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $285,704.07. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2317 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from March 1, 2012 through March 31, 2012 #2287 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $35,995.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2316 Order granting Notice of Sixth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC #2286 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $29,976.03. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2315 Order granting Notice of 18th Post Confirmation Application for Approval and Payment of Professional Compensation to the Allen Matkins Firm As Counsel to the Receiver for the Period January 1 through January 31, 2012 #2275 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $8,848.10. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2314 Order granting Notice of 17th Post Confirmation Application for Approval and Payment of Professional Compensation to the Allen Matkins Firm As Counsel to the Receiver for the Period December 1 through December 31, 2011 #2274 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $28,478.08. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2313 Order granting Notice of 16th Post Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Firm As Counsel to the Receiver for the Period November 1 through November 30, 2011 #2272 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $20,295.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2312 Order granting Notice of 15th Post Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Firm As Counsel to the Receiver for the Period October 1 through October 31, 2011 #2271 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $16,646,88. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified period to 10/31/11 (from 10/30/11) on 5/23/2012 (jw).
May 22, 2012 Opinion or Order Filing 2311 Order granting Notice of 14th Post Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Firm As Counsel To The Receiver for the Period September 1 through September 30, 2011 #2270 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $22,005.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2310 Order granting Notice of Fifth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray #2273 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $45,526.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 22, 2012 Opinion or Order Filing 2309 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from February 1, 2012 through February 29, 2012 #2265 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $38,503.80. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 17, 2012 Opinion or Order Filing 2308 Order to the extent necessary and based on the court directive at the May 17, 2011 hearing the Notice of Claim of Lien for Attorneys' Fees under ORS 87.445 filed by Evans, Craven & Lackie, P.S. #2306 is hereby invalidated. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 17, 2012 Filing 2307 MINUTES of Proceedings: Telephone Hearing Held regarding Writ of Garnishment filed in Bolster's 9th & Rose, LLC v. Bank of Whitman in the Circuit Court for the States of Oregon, County of Marion. The Court has directed Ford Elsaesser to pay $175,000 to Evans Craven & Lackie P.S. Trust Account and $25,000 to Law Office of Connolly & Associates in satisfaction of the judgment for $2,473,959.20 entered against Robert Price noted in the writ of garnishment. Counsel present: Paul Connolly, Ford Elsaesser, Michael Esler, Kevin Jacoby, James Topliff, Lee Wagoner, and David Zaro. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw)
May 16, 2012 Filing 2306 Notice of Claim of Lien For Attorneys' Fees Under ORS 87.445 Filed by Robert E Price (Risken, Patrick)
May 16, 2012 Opinion or Order Filing 2305 Scheduling Order by U.S. District Judge Michael R. Hogan. Telephone Hearing on Writ of Garnishment filed in Bolster's 9th & Rose, LLC v. Bank of Whitman in the Circuit Court for the States of Oregon, County of Marion, is set for 5/17/2012 at 11:30AM before U.S. District Judge Michael R. Hogan. Order attorneys Kevin Jacoby, David Zaro, John Stewart, Michael Esler and James Topliff are directed to call the bridge line at 541-431-4045, passcode 1111# (5 minutes) prior to hearing. Ordered by U.S. District Judge Michael R. Hogan. (jw)
May 16, 2012 Filing 2304 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from April 1, 2012 through April 30, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
May 15, 2012 Opinion or Order Filing 2303 Scheduling Order by U.S. District Judge Michael R. Hogan VACATING hearing on writ of garnishment filed in Bolster's 9th & Rose, LLC v. Bank of Whitman in the Circuit Court for the States of Oregon, County of Marion, set for 5/15/2012. Hearing will be reset at a later time. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 14, 2012 Opinion or Order Filing 2302 Scheduling Order by U.S. District Judge Michael R. Hogan. Telephone Hearing on writ of garnishment filed in Bolster's 9th & Rose, LLC v. Bank of Whitman in the Circuit Court for the States of Oregon, County of Marion is set for 5/15/2012 at 11:00AM before U.S. District Judge Michael R. Hogan. Order attorneys Kevin Jacoby, David Zaro, John Stewart, Michael Esler and James Topliff are directed to call the bridge line at 541-431-4045 passcode 1111# 5 minutes prior to hearing. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 14, 2012 Filing 2301 Notice Request for No Further Notice Filed by Riverview Community Bank (Potter, John)
May 14, 2012 Opinion or Order Filing 2300 Order granting Notice of Filing Billing Statement of Resolve Financial Group, Inc. for Period March 1, 2012, through March 31, 2012 Filed by Resolve Financial Group, Inc. #2290 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $27,920.20. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 5/14/2012 (jw).
May 14, 2012 Opinion or Order Filing 2299 Order granting Motion of Filing of Billing Statement of Resolve Financial Group, Inc., for Period November 1, 2011, through February 29, 2012 Filed by Resolve Financial Group, Inc. #2276 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $84,465.69. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 5/14/2012 (jw).
May 7, 2012 Opinion or Order Filing 2298 ORDER: Granting Motion for Approval of Settlement with Robert E. Price #2292 . Signed on 5/7/12 by U.S. District Judge Michael R. Hogan. (sln)
May 3, 2012 Filing 2297 Notice of Seventh Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
May 2, 2012 Opinion or Order Filing 2296 Order from USCA for the 9th Circuit re Callhoun's Notice of Appeal #2191 . The March 6, 2012 opposition to remand and request for a hearing if thedistrict court seeks a remand is denied. Appellee Capital Pacific Banks motion to dismiss this appeal for lack of jurisdiction is denied without prejudice to renewing the arguments in the answering brief. (sln)
April 27, 2012 Filing 2295 Proposed Form of Order Submitted Approving Settlement with Robert E. Price. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Zaro, David)
April 27, 2012 Filing 2294 Declaration of Receiver, Michael Grassmueck in Support of Motion for Approval of Settlement with Robert E. Price. Filed by Michael Grassmueck. (Related document(s): Motion for Settlement #2292 .) (Attachments: #1 Exhibit A) (Zaro, David)
April 27, 2012 Filing 2293 Memorandum in Support of Receiver's Motion for Approval of Settlement with Robert E. Price. Filed by Michael Grassmueck. (Related document(s): Motion for Settlement #2292 .) (Zaro, David)
April 27, 2012 Filing 2292 Motion for Settlement Approval of Settlement with Robert E. Price. Filed by Michael Grassmueck. (Zaro, David)
April 20, 2012 Filing 2290 Notice of Filing Billing Statement of Resolve Financial Group, Inc. for Period March 1, 2012, through March 31, 2012 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit) (Elsaesser, Ford)
April 19, 2012 Opinion or Order Filing 2291 ORDER: Granting Motion for Settlement Agreement by and between Sunwest Management, Inc and Lew D. Brundage #2289 . Signed on 4/19/12 by U.S. District Judge Michael R. Hogan. (sln)
April 18, 2012 Filing 2289 Motion for Settlement and Application for Order Approving Settlement. Filed by Encore Indemnity Management LLC, Stewart Sokol & Gray LLC, Willamette Property Holdings, LLC. (Attachments: #1 Proposed Order Approving Settlement) (Stewart, John)
April 13, 2012 Filing 2288 Motion Thirteenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period January 1, 2011 Through April 30, 2011. Filed by Michael Grassmueck. (Larkins, William)
April 13, 2012 Filing 2287 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from March 1, 2012 through March 31, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
April 5, 2012 Filing 2286 Notice of Sixth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
April 4, 2012 Opinion or Order Filing 2281 ORDER: Counsel has informed the court that the Motion for Disbursement of Funds #2199 by D. Alex Rhoten and Coldwell Banker Commercial Mountain West Real Estate, LLC has been resolved. The motion is denied as moot and the hearing set for 4/10/12 is vacated. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 28, 2012 Filing 2285 MINUTES of Proceedings: Settlement Conference held 3/28/2012. U.S. District Judge Michael R. Hogan presiding. (jw)
March 28, 2012 Opinion or Order Filing 2280 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from January 1, 2012 through January 31, 2012 #2260 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $28,419.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 28, 2012 Opinion or Order Filing 2279 Scheduling Order by U.S. District Judge Michael R. Hogan regarding of D. Alex Rhoten, Jr. and Coldwell Banker Commercial Mountain West Real Estate, LLC, for Disbursement of Commissions Held in Escrow or Trust Account #2199 . Oral Argument is set for 4/10/2012 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045 passcode 1111# (5 minutes) prior to hearing. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 27, 2012 Opinion or Order Filing 2278 Order approving Commutation and release Agreement by and Between Continental Casualty Co. and Encore Indemnity, Ltd. Signed on 3/27/12 by U.S. District Judge Michael R. Hogan. (sln)
March 27, 2012 Filing 2277 MINUTES of Proceedings: Time set for Telephone Motion Hearing regarding Motion and Application for Order Approving Commutation and Release Agreement by and Between Continental Casualty Co. and Encore Indemnity Ltd. Filed by Stewart Sokol & Gray LLC. #2264 . Ordered motion is granted. No counsel present. U.S. District Judge Michael R. Hogan presiding. (Court Reporter Deb Wilhelm.) (jw)
March 26, 2012 Filing 2276 Notice and Motion of Filing of Billing Statement of Resolve Financial Group, Inc., for Period November 1, 2011, through February 29, 2012 Filed by Resolve Financial Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Elsaesser, Ford)
March 26, 2012 Filing 2275 Notice of 18th Post Confirmation Application for Approval and Payment of Professional Compensation to the Allen Matkins Firm As Counsel to the Receiver for the Period January 1 through January 31, 2012 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David)
March 23, 2012 Filing 2274 Notice of 17th Post Confirmation Application for Approval and Payment of Professional Compensation to the Allen Matkins Firm As Counsel to the Receiver for the Period December 1 through December 31, 2011 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David)
March 22, 2012 Filing 2273 Notice of Fifth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
March 22, 2012 Filing 2272 Notice of 16th Post Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Firm As Counsel to the Receiver for the Period November 1 through November 30, 2011 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David)
March 22, 2012 Filing 2271 Notice of 15th Post Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Firm As Counsel to the Receiver for the Period October 1 through October 30, 2011 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David)
March 22, 2012 Filing 2270 Notice of 14th Post Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Firm As Counsel To The Receiver for the Period September 1 through September 30, 2011 Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B) (Zaro, David)
March 19, 2012 Opinion or Order Filing 2269 Order Granting Brown's and Stanley's and Receiver's Motion for Approval of Settlement Agreement and Payment. Signed on 3/19/12 by U.S. District Judge Michael R. Hogan. (sln)
March 16, 2012 Filing 2268 Proposed Form of Order Submitted Granting Motion to Approve Settlement Between Brown Parties and Stanleys. Filed by James Brown & Associates, Inc.. (Wagner, Lawrence)
March 16, 2012 Opinion or Order Filing 2267 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion and Application for Order Approving Commutation and Release Agreement by and Between Continental Casualty Co. and Encore Indemnity Ltd #2264 , Oral Argument is set for 3/27/2012 at 09:20AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (3 minutes) prior to hearing. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 16, 2012 Opinion or Order Filing 2266 ORDER: Granting Motion to Approve Settlement Between Brown Parties and the Stanleys #2255 . Finding as Moot Motion for Referral of Dispute Regarding Insurance Coverage of Claims against James Brown and James Brown & Associates to Arbitration #2013 and Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims against James Brown and James Brown & Associates to Arbitration #2015 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 15, 2012 Filing 2265 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from February 1, 2012 through February 29, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
March 14, 2012 Filing 2284 MINUTES of Proceedings: Settlement Conference held 3/14/2012. U.S. District Judge Michael R. Hogan presiding. (jw)
March 12, 2012 Filing 2264 Motion and Application for Order Approving Commutation and Release Agreement by and Between Continental Casualty Co. and Encore Indemnity Ltd. Filed by Stewart Sokol & Gray LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Stewart, John)
March 5, 2012 Opinion or Order Filing 2263 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from December 1, 2011 through December 31, 2011 #2243 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $49,094.79. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 2, 2012 Filing 2283 MINUTES of Proceedings: Settlement Conference held 3/2/2012. U.S. District Judge Michael R. Hogan presiding. (jw)
March 1, 2012 Filing 2282 MINUTES of Proceedings: Settlement Conference held 3/1/2012. U.S. District Judge Michael R. Hogan presiding. (jw)
March 1, 2012 Filing 2262 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Approve Settlement Between Brown Parties and the Stanleys #2255 . Ordered parties have one week to submit any documentation or response. Counsel Present: Paul Connolly and Lawrence Wagner. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion - Miscellaneous #2255 .) (jw)
February 21, 2012 Filing 2261 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion for Release of Funds #2246 . Ordered motion is granted. Counsel Present: Steven Blackhurst. U.S. District Judge Michael R. Hogan presiding. (Court Reporter Deb Wilhelm.) (jw)
February 15, 2012 Filing 2260 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from January 1, 2012 through January 31, 2012 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
February 8, 2012 Filing 2259 Amended Notice CORRECTED Request for no Further Notice Filed by Grove, Mueller & Swank, P.C. (Knapp, Michael)
February 8, 2012 Filing 2258 Notice Request for no Further Notice Filed by Grove, Mueller & Swank, P.C. (Knapp, Michael)
February 7, 2012 Opinion or Order Filing 2257 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion to Approve Settlement Between Brown Parties and the Stanleys #2255 . Oral Argument is set for 3/1/2012 at 09:15AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 6, 2012 Filing 2256 Memorandum in Support of Motion to Approve Settlement Between Brown Parties and the Stanleys. Filed by James Brown & Associates, Inc.. (Related document(s): Motion - Miscellaneous #2255 .) (Wagner, Lawrence)
February 6, 2012 Filing 2255 Motion to Approve Settlement Between Brown Parties and the Stanleys. Filed by James Brown & Associates, Inc.. (Wagner, Lawrence)
February 1, 2012 Filing 2254 Notice of Attorney Substitution:Attorney Susan T. Alterman is substituted as counsel of record in place of Attorney Jonathan E. Cohen Filed by JPMorgan Chase Bank, National Association (Alterman, Susan)
January 26, 2012 Opinion or Order Filing 2253 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion for Release of Funds in Trust Account #2246 . Oral Argument is set for 2/21/2012 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. Ordered by U.S. District Judge Michael R. Hogan. (jw)
January 23, 2012 Filing 2252 Request For No Further Notice. Filed by Z - Service. (Parks, Andrew)
January 23, 2012 Filing 2251 Request For No Further Notice. Filed by Z - Service. (Parks, Andrew)
January 23, 2012 Filing 2250 Request for No Further Notice. Filed by Zions First National Bank. (Baroway, Richard)
January 19, 2012 Opinion or Order Filing 2249 Order from USCA for the 9th Circuit re Marvin Calhoun's Notice of Appeal #2191 The motion for summary affirmance of this appeal is denied because thearguments raised in the opening brief are sufficiently substantial to warrant further consideration by a merits panel. The briefing schedule is reset as follows: the opening brief is due 2/15/12; the answering brief is due 3/16/12; and the optional reply brief is due within 14 days after service of the answering brief. (sln)
January 17, 2012 Filing 2248 Amended Order - (1) Approving Settlement with Geffen Mesher & Company, P.C. and (2) Entering Final Claim Bar Order and Injunction. Signed on 1/17/12 by U.S. District Judge Michael R. Hogan. (sln)
January 13, 2012 Filing 2247 Declaration of Steven K. Blackhurst . Filed by Darryl E. Fisher. (Related document(s): Motion for Release of Funds #2246 .) (Blackhurst, Steven)
January 13, 2012 Filing 2246 Motion for Release of Funds in Trust Account. Filed by Darryl E. Fisher. (Blackhurst, Steven)
January 13, 2012 Opinion or Order Filing 2245 Order granting Notice of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2011 through November 30, 2011 #2237 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $38,091.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 13, 2012 Opinion or Order Filing 2244 Order granting Notice of Fourth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC #2234 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $60,263.79. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 13, 2012 Filing 2243 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from December 1, 2011 through December 31, 2011 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
December 22, 2011 Opinion or Order Filing 2240 Order Setting Allowed Claim Amount of Matrix Advisors IV, LLC. Signed on 12/15/2011 by U.S. District Judge Michael R. Hogan. (jw)
December 20, 2011 Filing 2239 Notice of Attorney Withdrawal: James M. Barrett Filed by Darryl E. Fisher (Blackhurst, Steven)
December 16, 2011 Filing 2242 MINUTES of Proceedings: Settlement Conferences held 12/16/2011. U.S. District Judge Michael R. Hogan presiding. (jw)
December 16, 2011 Filing 2238 Amended and Corrected Order re: Approval of Settlement Agreement of Eric W. Jacobsen including rollover claims relating to Park Place ALC, LLC and Peridot AL Community, LLC. Signed on 12/16/11 by U.S. District Judge Michael R. Hogan. (sln)
December 16, 2011 Filing 2237 Notice of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2011 through November 30, 2011 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
December 15, 2011 Filing 2241 MINUTES of Proceedings: Settlement Conferences held 12/15/2011. U.S. District Judge Michael R. Hogan presiding. (jw)
December 13, 2011 Filing 2236 Unopposed Notice re Order #2228 of Correction Filed by 138 TIC Owner-Interveners (Related document(s): Order #2228 .) (Esler, Michael)
December 12, 2011 Filing 2235 Objection to Docket Order #2232 . Filed by Russell Cosgrove, Rebecca Hufford. (sln)
December 12, 2011 Filing 2234 Notice of Fourth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
December 12, 2011 Filing 2233 Notice re Motion - Miscellaneous #1749 L.R. 83-13 Letter Filed by Securities and Exchange Commission (Related document(s): Motion - Miscellaneous #1749 .) (Liftik, Michael)
December 9, 2011 Opinion or Order Filing 2232 Order - With regard to notice of appeal #2191 and Ninth Circuit Court of Appeals Case Number 11-35853, if the Court of Appeals is inclined to refer the case back for purposes of reinvesting this court with jurisdiction, this court will enter the following order to show cause: Any interested party is ordered to show cause, in writing, why the court's order of September 16, 2011 #2169 , should not be withdrawn in light of the Circuit Court of Oregon for the County of Multnomah's decision with regard to the underlying matters. Signed on 12/9/2011 by U.S. District Judge Michael R. Hogan. (jw)
December 9, 2011 Opinion or Order Filing 2231 Order - The Court having been further advised that all issues have not been resolved as to Stanleys Maplewood, LLC, Stanleys Georgian Place, LLC, Stanleys Lexington Gardens, LLC, and Stanleys Emerald Estates, LLC, Motion for Referral of Dispute regarding Insurance coverage of claims against James Brown and James Brown & Associates is again set for mediation. Mediation schedule is reset from December 15, 2011 to December 16, 2011 at 9:00 am in Judge Hogan's Chambers on the 5th Floor of the U.S. Courthouse, Eugene, Oregon. Ordered by U.S. District Judge Michael R. Hogan. (jw)
December 9, 2011 Opinion or Order Filing 2230 Order - The Court having been advised that all issues between parties have been resolved, hereby vacates order 2226 setting mediation on 12/15/2011 between Stanleys Maplewood, LLC, Stanleys Georgian Place, LLC, Stanleys Lexington Gardens, LLC, Stanleys Emerald Estates, LLC and James Brown and James Brown & Associates. Ordered by U.S. District Judge Michael R. Hogan. (jw)
December 8, 2011 Opinion or Order Filing 2229 Order - Capital Pacific Bank and all Hawthorne Garden TICs and their counsel are ordered to appear for mediation on December 15, 2011 at 9am in Judge Hogan's Chambers on the 5th Floor of the United States Courthouse, Eugene, Oregon. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 7, 2011 Opinion or Order Filing 2228 Order - (1) Approving Settlement with Geffen Mesher & Company, P.C. and (2) Entering Final Claim Bar Order and Injunction. Signed on 12/7/11 by U.S. District Judge Michael R. Hogan. (sln)
December 7, 2011 Opinion or Order Filing 2227 Order - Charlie Hall is ordered to appear for mediation on December 16, 2011 at 9:00 am in Judge Hogan's Chambers on the 5th Floor of the United States Courthouse in Eugene, Oregon. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 7, 2011 Opinion or Order Filing 2226 Order - Stanleys Maplewood, LLC, Stanleys Georgian Place, LLC, StanleysLexington Gardens, LLC, and Stanleys Emerald Estates, LLC. Motion for Referral of Dispute regarding Insurance coverage of claims against James Brown and James Brown & Associates is set for mediation on December 15, 2011 at 9:00 am in Judge Hogan's Chambers on the 5th Floor of the U.S. Courthouse, Eugene, Oregon. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 30, 2011 Opinion or Order Filing 2225 Order - the following is the schedule for the Mediation set on December 15, 2011 and December 16, 2011. Matrix and Robert Price are to appear on December 15, 2011 at 9am. Elshout's Bluffs at Northwoods, LLC and Kim's Bluffs at Northwoods, LLC and Eric Jacobsen are to appear on December 16, 2011 at 9am. Mediation will be held in Judge Hogan's chambers on the 5th Floor of the United States Courthouse, Eugene, Oregon. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 29, 2011 Opinion or Order Filing 2224 Order - the following Receiver Michael Grassmueck, Attorneys Teresa Pearson, Paul Connolly, Mike Esler, John Stewart, Ford Elsaesser, Tara Schleicher, David Zaro, and their clients, and anyone with settlement authority, are ordered to appear for mediation on December 15, 2011 and December 16, 2011 at 9am in Judge Hogan's Chambers on the 5th Floor of the United States Courthouse in Eugene, Oregon. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/1/2011 (jw).
November 29, 2011 Opinion or Order Filing 2223 Order - Washington Trust Bank's precautionary objections are denied as moot as there is no deficiency claim. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 29, 2011 Opinion or Order Filing 2222 Order - objection by Rabobank, NA to motion for order establishing allowed amounts for claims is denied as moot as the claim was paid December, 2010. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 22, 2011 Opinion or Order Filing 2221 Order - The Court issued an order to show cause why the court should not decline to authorize payment for any amounts requested in any future fee applications for investor committees. Counsel for the TIC Committee responded to the order. The Court having reviewed that response, hereby orders that the court will not authorize payment for any future fee application for attorneys for the committees. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 21, 2011 Opinion or Order Filing 2220 Order granting Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for July, August, and September 2011 #2198 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $4,408.52. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 16, 2011 Opinion or Order Filing 2219 Order - LLC members retained an allowed claim for future distributions equal to their Settlement Value minus the Cash received in the first distribution as defined in Sections 6.B. and 6.C of the "LLC MEMBER SETTLEMENT AGREEMENT." It is further ordered that prior to making a second distribution, the Receiver shall identify any claims upon which there is to be no second distribution, other than administrative claims, and submit such itemization of claims to the court no less than ten (10) days prior to any proposed distribution date. Signed on 11/16/11 by U.S. District Judge Michael R. Hogan. (sln)
November 11, 2011 Filing 2218 Transcript Designation and Order Form for the hearing held on 10/13/2009 before Judge Michael Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal #2191 Transcript has been typed. Filed by Marvin Calhoun. Transcript is due by 12/15/2011. (Attachments: #1 Attachment Court transcript for 10-13-2009 hearing, #2 Exhibit Signed transcript order for 10-13-2009 hearing) (Calhoun, Marvin)
November 9, 2011 Opinion or Order Filing 2217 ORDER: Granting supplement Motion for Attorney Fees of Esler, Stephens & Buckley, LLP #2122 ; Granting Amended Motion for Attorney Fees of Esler, Stephens & Buckley, LLP #2139 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $207,690.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2216 Order granting Final Application for Payment of 20% Holdback Amounts Filed by Grove, Mueller & Swank, P.C #2177 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $6,117.64. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2215 ORDER: Granting Thirteenth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, Counsel to the Receiver, for the Period August 1 through August 31, 2011 #2190 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $32,355.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2214 ORDER: Granting Twelfth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period July 1, 2011 through July 31, 2011 #2134 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $17,750.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2213 ORDER: Granting Eleventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period June 1, 2011 through June 30, 2011 #2133 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $42,474.86 Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2212 ORDER: Granting Tenth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period May 1, 2011 through May 31, 2011 #2132 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $42,251.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2211 Order granting Notice of Third Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC (mediation attorney) #2193 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $70,967.90. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 9, 2011 Opinion or Order Filing 2210 Order granting Third Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart, Sokol & Gray, LLC for Period January 1, 2011 Through July 31, 2011 #2117 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses in the amount of $19,418.33. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 2, 2011 Filing 2209 Request FOR NO FURTHER ELECTRONIC NOTICES. Filed by Certain Coordinating Lenders. (Elkanich, David)
October 31, 2011 Filing 2208 Notice re: Request for No Further Court Electronic Filing Notifications Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors (Mountain, James)
October 31, 2011 Filing 2207 Response to Order to Show Cause on Payment of Future Fees Requested by Tenants-In-Common Committee Counsel. Filed by Tenants in Common Committee. (MacLean, Merrilee)
October 27, 2011 Filing 2206 Request for no further Court Electronic Filing Notifications for Deborah A. Crabbe (crabd@foster.com and Dillon E. Jackson jackd@foster.com). Filed by Hermiston Assisted Living LLC, Lone Star Committee. (Crabbe, Deborah)
October 27, 2011 Filing 2205 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/3/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/7/2011. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (Wilhelm, Deb)
October 27, 2011 Filing 2204 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/8/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/7/2011. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (Wilhelm, Deb)
October 21, 2011 USCA Appeal Fees re Calhoun's Notice of Appeal #2191 : Received Fee in amount of $455. Receipt number 600006942 issued. USCA Number 11-35853. (sln)
October 21, 2011 Filing 2203 Amended Notice of Appeal to the 9th Circuit from Order, #2187 , Order, #2136 . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit) Modified text on 10/24/2011 (sln).
October 21, 2011 Opinion or Order Filing 2202 Order to Show Cause - the attorneys for the committees are ordered to Show Cause in Writing within 10 days why the court should not decline to authorize payment of any amounts requested in any future fee applications. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 20, 2011 Opinion or Order Filing 2201 Order from USCA for the 9th Circuit re Calhoun's Notice of Appeal #2191 .Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $455.00 to the district court; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. (sln)
October 20, 2011 Filing 2200 Declaration of D. Alex Rhoten, Jr. Declaration of D. Alex Rhoten, Jr. in Support of Motion of D. Alex Rhoten, Jr., and Coldwell Banker Commercial Mountain West Real Estate, LLC, for Disbursement of Commissions Held in Escrow or Trust Account. Filed by Alex Rhoten. (Related document(s): Motion for Disbursement of Funds, #2199 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Sand, Thomas)
October 20, 2011 Filing 2199 Motion for Disbursement of Funds Motion of D. Alex Rhoten, Jr. and Coldwell Banker Commercial Mountain West Real Estate, LLC, for Disbursement of Commissions Held in Escrow or Trust Account. Oral Argument requested. Filed by Alex Rhoten. (Attachments: #1 Proposed Order) (Sand, Thomas)
October 19, 2011 Filing 2198 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for July, August, and September 2011 and Request for Approval of Payment Filed by Tenants in Common Committee (Attachments: #1 Exhibit A) (MacLean, Merrilee)
October 19, 2011 Filing 2197 Transcript Designation and Order Form for the hearing held on 10/8/2010; 5/3/2011 before Judge Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal #2173 . Filed by Certain Plaintiffs' Counsel. Transcript is due by 11/21/2011. (Pierson, Kit)
October 18, 2011 Opinion or Order Filing 2196 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order #2195 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The file date of the order was October 14, 2011 not October 18, 2011. The clerk is directed to correct the filed date for Order #2195 . (sln)
October 18, 2011 Filing 2194 Time Schedule Order from USCA for the 9th Circuit re Calhoun's Notice of Appeal #2191 . (sln)
October 18, 2011 USCA Case Number and Notice confirming Docketing Record on Appeal re Calhoun's Notice of Appeal #2191 Case Appealed to Ninth Circuit Case Number 11-35853 assigned. (sln)
October 17, 2011 Filing 2193 Notice of Third Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
October 14, 2011 Opinion or Order Filing 2195 ORDER: Granting Receiver's Motion for Order Further Extending Deadline to 12/16/11 for Commencing Third Party Claims and Avoidance Actions #2192 . Signed on 10/14/11 by U.S. District Judge Michael R. Hogan. (sln) Corrected filed date to 10/14/11 on 10/18/2011 (sln).
October 14, 2011 Filing 2192 Motion Receiver Michael Grassmueck's Application for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration in Support of Application, #3 Proposed Order) (Scollan, Francis)
October 11, 2011 Filing 2191 Notice of Appeal to the 9th Circuit from Order on motion for Order #2169 . Filed by Marvin Calhoun. (Calhoun, Marvin) Modified text on 10/12/2011 (sln).
October 4, 2011 Filing 2190 Motion for Attorney Fees Thirteenth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, Counsel to the Receiver, for the Period August 1 through August 31, 2011. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Attachment Invoices) (Zaro, David)
October 3, 2011 Filing 2189 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 9/27/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/14/2011. Redaction Request due 10/27/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/6/2012. (Wilhelm, Deb)
September 27, 2011 Opinion or Order Filing 2188 Order from USCA for the 9th Circuit Appellants Chestnut Hill Investors' motion for voluntary dismissal of this Notice of Appeal #2078 is granted. This appeal is dismissed with prejudice pursuant to Federal Rules of AppellateProcedure 42(b). (sln)
September 27, 2011 Filing 2186 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion for Stay #2167 . Ordered motion is denied. Counsel present: Diana Carey, Justine Fischer, Josh Kolsky, and Kit Pierson. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion for Stay #2167 .) (jw)
September 27, 2011 Opinion or Order Filing 2185 ORDER: Denying as Moot Fourteen Hawthorne Gardens TICs' Motion for leave to Intervene in action to file notice of appeal #1909 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 26, 2011 Opinion or Order Filing 2187 Order - expenses shall be reimbursed in the amount of $31,417.92 for Cohen Milstein Sellers & Toll, and in the amount of $5,933 for Adelman and the Receiver Michael A. Grassmueck is authorized to pay these amounts. Cohen Milstein Sellers & Toll, Adelman and Fischer also seek a stay of disbursement of $2,352,836.90 of the litigation trust pending resolution of their appeal regarding the attorney fees. The motion (#2167) is denied. These actions were not typical class action litigation. Plaintiffs' counsel's role was not instrumental in developing the class action. Rather the court proactively created the trust and through settlement resolved the issues rather than through protracted motions and procedural practice. Given the abbreviated litigation through settlement procedures, the requested fee amounts are unreasonable. Signed on 9/26/11 by U.S. District Judge Michael R. Hogan. (sln)
September 22, 2011 USCA Appeal Fees re Cohen Milstein's Notice of Appeal #2173 : Received Fee in amount of $455. Receipt number 600006855 issued. (sln)
September 21, 2011 Opinion or Order Filing 2184 Order from USCA for the 9th Circuit re Cohen Milstein's Notice of Appeal #2173 . (sln)
September 21, 2011 Filing 2177 Notice of Final Application for Payment of 20% Holdback Amounts Filed by Grove, Mueller & Swank, P.C. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order) (Knapp, Michael)
September 21, 2011 USCA Case Number and Notice confirming Docketing Record on Appeal re Cohen Milstein's Notice of Appeal #2173 Case Appealed to Ninth Circuit Case Number 11-35788 assigned. (sln)
September 20, 2011 Opinion or Order Filing 2183 Order - (1) Approving Settlement with the Palmetto Bank, Northland Networks, Inc, Hinshaw & Culbertson LLP and The Chestnut Hill Investors; and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
September 20, 2011 Opinion or Order Filing 2182 Order - (1) Approving Settlement with settling Employees and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
September 20, 2011 Opinion or Order Filing 2181 Order - (1) Approving Settlement with Garrett Hemann Robertson, P.C. and The Oregon State Bar Professional Liability Fund and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
September 20, 2011 Opinion or Order Filing 2180 Order - (1) Approving Settlement with Grove, Mueller & Swank, P.C. and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
September 20, 2011 Opinion or Order Filing 2179 Order - (1) Approving Settlement with settling Brokers and (2) Entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
September 20, 2011 Opinion or Order Filing 2178 Order to appoint Attorney Thomas J. Wettlaufer, Attorney as Special Counsel for Willamette Property Holdings LLC and Special counsel to the Receiver in connection therewith. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
September 20, 2011 Filing 2176 MINUTES of Proceedings: Motion Hearing and Fairness Hearing Held regarding Unopposed Motion for Preliminary Approval of Class Action Settlement #2109 , Motion for Approval of Settlement with Certain Settling Brokers and Dealers and for Entry of Claims Bar Order #2119 , Motion for Approval of Settlement with Grove, Mueller & Swank, P.C. and for Entry of Claims Bar Order #2128 , Motion for Approval of Settlement with Garrett Hemann Robertson, P.C. and the Oregon State Bar Professional Liability Fund and for Entry of Claims Bar Order #2129 , Motion for Approval of Settlement with Certain Settling Employees and for Entry of Claims Bar Order #2131 , and Motion for Approval of Settlement with The Palmetto Bank, Northland Networks, Inc., Hinshaw & Culbertson LLP and the Chestnut Hill Investors and for Entry of Claims Bar Order #2154 . Ordered motions are granted. Court to issue order as to Approval of Class Action Settlement #2109 after 90 day time period. Counsel Present: Gary Abbott, Steven Berman (via telephone), Stuart Brown (via telephone), Paul Connolly (via telephone), Michael Esler, Michael Estok (via telephone), Peter Mersereau (via telephone), Teresa Pearson (via telephone), Thomas Sand (via telephone), Francis Scollan (via telephone), Tyler Staggs (via telephone), Lee Wagner (via telephone), and Laura Walker (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion #2109 , Motion #2119 , Motion #2128 , Motion #2129 , Motion #2131 , Motion #2154 .) (jw)
September 20, 2011 Opinion or Order Filing 2175 Order regarding Motion for Stay of Distribution of Litigation Trust #2167 Oral Argument is set for 9/27/2011 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045 passcode 1111# (5 minutes prior to hearing). (sln)
September 20, 2011 Filing 2174 Representation Statement re Notice of Appeal #2173 . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit)
September 20, 2011 Filing 2173 Notice of Appeal to the 9th Circuit from Order #2136 . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit) Modified text on 9/21/2011 (sln).
September 20, 2011 Filing 2172 Proposed Form of Order Submitted ORDER (1) APPROVING SETTLEMENT WITH SETTLING BROKERS and (2) ENTERING FINAL CLAIMS BAR ORDER AND INJUNCTION (regarding Docket # 2119). Filed by Michael Grassmueck. (Scollan, Francis)
September 20, 2011 Filing 2171 Amended Proposed Form of Order Submitted ORDER (1) APPROVING SETTLEMENT WITH SETTLING EMPLOYEES and (2) ENTERING FINAL CLAIMS BAR ORDER AND INJUNCTION (Regarding DOCKET # 2131). Filed by Michael Grassmueck. (Scollan, Francis)
September 16, 2011 Opinion or Order Filing 2170 Order appointing Thomas M. Wettlaufer Attorney as Special Counsel for the Willamette Property Holdings LLC with payment of fees and costs to be paid to pursuant to court order in this case. Signed on 9/16/11 by U.S. District Judge Michael R. Hogan. (sln)
September 16, 2011 Opinion or Order Filing 2169 ORDER: The motions for findings of fact and conclusions of law #1798 , #1904 , #1928 are granted to the extent that this order serves as a final appealable order with respect to Marvin Calhoun's claims regarding the settlement. Signed on 9/16/11 by U.S. District Judge Michael R. Hogan. (sln)
September 16, 2011 Opinion or Order Filing 2168 Order - The CRO is ordered to turn over all remaining funds in his possession to the Receiver. Signed on 9/16/11 by U.S. District Judge Michael R. Hogan. (sln)
September 14, 2011 Filing 2167 Motion for Stay (Expedited Consideration Requested). Filed by Certain Plaintiffs' Counsel. (Attachments: #1 Memorandum in Support of Motion) (Pierson, Kit)
September 14, 2011 Opinion or Order Filing 2166 Order - parties were ordered to show cause why good faith settlement claims of Raymond Bohen against the estate should be not allowed. No objections have been filed. Order granting an administrative priority claim by Raymond Bohen and orders the Receiver to pay the amount of $40,000.00 in full satisfaction of the claims of Raymond Bohen Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 13, 2011 Filing 2165 Memorandum in Opposition to Settlement to Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Brokers and Dealers and for Entry of Claims Bar Order #2119 Oral Argument requested. Filed by Seqouia Heights Capital Partners LLC, Sequoia Heights Capital Partners LLC. (Attachments: #1 Attachment Declaration in Support of Objection, #2 Attachment Declaration in Support of Objection) (Brown, Stuart)
September 13, 2011 Filing 2164 Supplement Supplement to Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Employees and for Entry of Claims Bar Order. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous,, #2131 .) (Scollan, Francis)
September 12, 2011 Filing 2163 Certificate of Compliance CERTIFICATE OF SERVICE REGARDING NOTICE OF PROPOSED CLASS ACTION SETTLEMENT (SEMASKO v. THOMPSON & KNIGHT LLP and GEFFEN MESHER & COMPANY, P.C.). Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #2109 .) (Scollan, Francis)
September 12, 2011 Filing 2162 Certificate of Compliance Certificate of Service Regarding: Notice of (1) Motions for Approval of Settlements with Certain Brokers and Dealers; with Certain Employees; with Grove, Mueller & Swank, P.C.; with Garrett Hemann Robertson, P.C. and the Oregon State Bar Professional Liability Fund (2) Proposed Final Claim Bar Orders (3) Hearing Dates. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous, #2128 , Motion - Miscellaneous,, #2129 , Motion - Miscellaneous, #2119 , Motion - Miscellaneous,, #2131 .) (Scollan, Francis)
September 9, 2011 Opinion or Order Filing 2161 Order regarding Receiver Michael A. Grassmuecks Motion for Approval of Settlement with The Palmetto Bank, Northland Networks, Inc., Hinshaw & Culbertson LLP and the Chestnut Hill Investors and for Entry of Claims Bar Order #2154 Oral Argument is set for 9/20/2011 at 01:30PM in Eugene Courtroom before U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2160 Order granting Second Post-Confirmation Application for Payment of Attorney's Fees of Thornton Byron LLP #2059 to the extent that the application is paid through the month of January 2011 and denied for remainder of the application. No further fee applications will be approved. This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay $1,580 in fees for work through the month of January, 2011 Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2159 Order granting Second Post-Confirmation Application for Payment of Professional Fees of Mack Roberts & Co #2060 to the extent that the application is paid through the month of January 2011 and denied for remainder of the application. No further fee applications will be approved. This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay $11,838 in fees for work through the month of January, 2011. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2158 Order granting Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for March 2011 #1995 , Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for April 2011 #2038 , Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for May and June 2011 #2104 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2157 ORDER: Granting Motion for Attorney Fees - Seventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the period February 1, 2011 through February 28, 2011 #2053 ; Granting Motion for Attorney Fees - Eighth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the Period March 1, 2011 through March 31, 2011. #2054 ; Granting Motion for Attorney Fees - Ninth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the Peirod April 1, 2011 through April 30, 2011 #2055 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2156 Order granting Twelfth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period November 1, 2010 Through December 31, 2010 #2106 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2155 Order granting Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC #2047 . This Court approves and authorizes the professional fees submitted and orders Michael A. Grassmueck, Receiver, to pay 100% of requested fees and expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Filing 2154 Motion Receiver Michael A. Grassmuecks Motion for Approval of Settlement with The Palmetto Bank, Northland Networks, Inc., Hinshaw & Culbertson LLP and the Chestnut Hill Investors and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities with Exhibit A (Settlement Agreement), #2 Declaration of Receiver Michael A. Grassmueck in Support of Motion, #3 Proposed Order) (Scollan, Francis)
September 8, 2011 Opinion or Order Filing 2153 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Notice and Fourth Post-Confirmation Application for Payment of Attorney's Fees Thornton Byron, LLP #1758 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2152 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Notice and First Post-Confirmation Application for Payment of Accountant's Fees Mack Roberts & Company, LLC #1759 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2151 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for October 2010 #1708 , Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for November 2010 #1748 , Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for December 2010 #1832 , Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for January 2011 #1906 , Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for February 2011 #1940 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2150 Order The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Motion for Attorney Fees Revised First and Second Post-Confirmation Application and Third Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, #1788 , Motion for Attorney Fees Fourth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, for the Period November 1, 2010 through November 30, 2010 #1803 , Motion for Attorney Fees Fifth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, for the Period December 1, 2010 through December 31, 2010 #1858 , Motion for Attorney Fees Sixth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, for the period January 1, 2011 through January 31, 2011 #1894 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2149 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Notice of Filing of First Post-Confirmation Application for Fees by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, for Period August 6, 2010 through December 31, 2010 #1835 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2148 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Notice of First Post-Confirmation Application for Compensation for Billing Statement of Stewart Sokol & Gray LLC #1802 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2147 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Notice of Second Post-Confirmation Application for Compensation for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period October 1, 2010 Through December 31, 2010 #1817 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2146 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding Tenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period August 6, 2010 Through August 31, 2010 #1538 , Notice Eleventh Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period September 1, 2010 Through October 31, 2010 #1938 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 8, 2011 Opinion or Order Filing 2145 Order - The Court approves and authorizes payment of the 20% holdback on fees and orders Michael A. Grassmueck, Receiver to issue payment regarding First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period August 6, 2010, through August 31, 2010 #1612 , Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period September 1, 2010, through December 31, 2010 #1843 , Final (Third) Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period January 1, 2011, through January 31, 2011 #1924 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 7, 2011 Opinion or Order Filing 2144 ORDER: Motion to Amend/Correct Correction to Supplemental Petition for Attorney Fees of Esler, Stephens & Buckley LLP #2138 is denied as moot as the wrong document was attached as attachment 1. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 7, 2011 Opinion or Order Filing 2143 Order regarding Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Employees and for Entry of Claims Bar Order #2131 Oral Argument is set for 9/20/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
September 1, 2011 Filing 2141 Brief in Response to Order. Filed by Certain Plaintiffs' Counsel. (Related document(s): Order,,,,,,,, #2136 .) (Attachments: #1 Exhibit A (CMST Expenses), #2 Exhibit B (Herbert Adelman Expenses), #3 Exhibit C (Invoice), #4 Exhibit D (Invoice), #5 Exhibit E (Invoice)) (Pierson, Kit)
September 1, 2011 Filing 2140 Notice of Attorney Withdrawal: Stephanie K. Hines Filed by J. Wallace Gutzler (Hines, Stephanie)
August 31, 2011 Filing 2139 Amended Fee Petition--Correction to Supplemental Petition for Attorney Fees of Esler Stephens & Buckley. Filed by Certain Investor-Plaintiffs. (Attachments: #1 Attachment Correct Ex F to Fee Petition) (Esler, Michael) Modified text on 9/1/2011 (sln).
August 26, 2011 Filing 2138 Motion to Amend/Correct Correction to Supplemental Petition for Attorney Fees of Esler, Stephens & Buckley LLP. Filed by Certain Investor-Plaintiffs. (Attachments: #1 Attachment Corrected Ex. F to Supplemental Petition for Atty Fees of Esler et al) (Esler, Michael)
August 25, 2011 Filing 2137 Notice of Attorney Withdrawal: Filed by Securities and Exchange Commission (Liftik, Michael)
August 23, 2011 Filing 2135 Notice Notice of Substitution of Counsel and Change of Address Filed by Sunwest Investors/Third-Party Claimants (Grenley, Gary)
August 22, 2011 Opinion or Order Filing 2136 Order - the court grants the third party fee petitions as follows: Petition for Attorney Fees of Esler, Stephens & Buckley, LLP and Landy Benneett Blumstein, LLP (#31 in 10-6134-HO). Movant Esler, Stephens & Buckley, LLP, this Court approves and authorizes professional fees in the amount of $1,639,983 and $74,134.94 in actual expenses. Movant Landye Bennett Blumstein, LLP, this Court approves and authorizes professional fees in the amount of $22,000 and $3,875 in actual expenses. Petition and Statement for Attorney Fees and Cost Bill Submitted by the Law Office of Paul R.J. Connolly's Attorneys For Sunwest Investors/Third Party Claimants #1810 . Movant Law Office of Paul R.J. Connolly, this Court approves and authorizes professional fees in the amount of $110,000 and $11,945.79 in actual expenses. Motion for an Award of Attorneys' Fees and Expense (#26 in 10-6134-HO). Movant Pierson, this Court approves and authorizes professional fees in the amount of $11,000. Movant Fischer, this Court approves and authorizes professional fees in the amount of $11,000 and $721.25 in actual expenses. Movant Cohen Milstein Sellers & Toll, this Court approves and authorizes professional fees in the amount of $192,500. The court declines to award expenses at this time and request movant to provide a more detailed accounting of their expenses. Movant is requested to respond within 10 days. Movant Adelman, this Court approves and authorizes professional fees in the amount of $16,500. The court declines to award expenses at this time and request movant to provide a more detailed accounting of their expenses. Movant is requested to respond within 10 days. Petition And Statement For Attorney Fees And Cost Bill Submitted By Grenley Attorneys for Sunwest Investors/Third-Party Claimants #1763 . Movant Grenley Dean, LLC, this Court approves and authorizes professional fees in the amount of $192,500 and $37,768.86 in actual expenses. Receiver Michael A. Grassmueck is authorized to pay these amounts. Signed on 8/22/11 by U.S. District Judge Michael R. Hogan. (sln)
August 19, 2011 Filing 2134 Motion for Attorney Fees Twelfth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period July 1, 2011 through July 31, 2011. Filed by Michael Grassmueck. (Scollan, Francis)
August 19, 2011 Filing 2133 Motion for Attorney Fees Eleventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period June 1, 2011 through June 30, 2011. Filed by Michael Grassmueck. (Scollan, Francis)
August 19, 2011 Filing 2132 Motion for Attorney Fees Tenth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period May 1, 2011 through May 31, 2011. Filed by Michael Grassmueck. (Scollan, Francis)
August 19, 2011 Filing 2131 Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Employees and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Exhibit 1 to Memorandum (List of Settling Employees), #3 Exhibit 2 to Memorandum (Form of Settlement Agreement), #4 Exhibit 3 to Memorandum (List of Employee Claims, Exhibit A to Settlement Agreements), #5 Exhibit 4 to Memorandum (Settlement Claims, Exhibit B to Settlement Agreements), #6 Declaration of Receiver Michael A. Grassmueck in Support of Motion, #7 Proposed Order) (Scollan, Francis)
August 19, 2011 Opinion or Order Filing 2130 Order regarding Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Grove, Mueller & Swank, P.C. and for Entry of Claims Bar Order #2128 , Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Garrett Hemann Robertson, P.C. and the Oregon State Bar Professional Liability Fund and for Entry of Claims Bar Order #2129 Oral Argument is set for 9/20/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
August 18, 2011 Filing 2129 Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Garrett Hemann Robertson, P.C. and the Oregon State Bar Professional Liability Fund and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Exhibit 1 to Memorandum of Points & Authorities (Settlement Agreement), #3 Declaration of Receiver Michael A. Grassmueck in Support of Motion, #4 Proposed Order) (Scollan, Francis)
August 18, 2011 Filing 2128 Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Grove, Mueller & Swank, P.C. and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Exhibit 1 to Memorandum of Points & Authorities (Settlement Agreement), #3 Declaration of Receiver Michael A. Grassmueck in Support of Motion, #4 Proposed Order) (Scollan, Francis)
August 17, 2011 Opinion or Order Filing 2127 Order regarding Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Brokers and Dealers and for Entry of Claims Bar Order #2119 Oral Argument is set for 9/20/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
August 17, 2011 Opinion or Order Filing 2126 Order requiring Mediation for parties and their counsel with respect to Crown Pointe set for Tuesday August 23, 2011 at 1pm. Such parties are further order to show cause if any they have not later than Friday August 19, 2011 why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 8/17/11 by U.S. District Judge Michael R. Hogan. (sln)
August 17, 2011 Opinion or Order Filing 2125 Order requiring Mediation for parties and their counsel with respect to Englewood Heights Senior Living Community set for Tuesday August 23, 2011 at 9am. Such parties are further order to show cause if any they have not later than Friday August 19, 2011 why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 8/17/11 by U.S. District Judge Michael R. Hogan. (sln)
August 17, 2011 Filing 2124 Third Party Notice Notice of Claim for Attorneys Fees Pursuant to ORS 87.445 Filed by Grenley Intervenors (Grenley, Gary) Modified text on 8/17/2011 (sln).
August 17, 2011 Filing 2123 Supplemental Declaration of Michael J. Esler . Filed by Certain Investor-Plaintiffs. (Related document(s): Motion for Attorney Fees #2122 .) (Attachments: #1 Exhibit Exs. A-B, #2 Exhibit C, #3 Exhibit D-G) (Esler, Michael)
August 17, 2011 Filing 2122 Supplemental Motion for Attorney Fees of Esler, Stephens & Buckley, LLP. Filed by Certain Investor-Plaintiffs. (Attachments: #1 Attachment) (Esler, Michael)
August 17, 2011 Filing 2119 Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Brokers and Dealers and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Exhibit 1 to Memorandum of Points & Authorities (Settlement Agreement), #3 Declaration of Receiver Michael A. Grassmueck in Support of Motion, #4 Proposed Order) (Scollan, Francis)
August 16, 2011 Opinion or Order Filing 2121 Order - the Court is limiting access to the Amended Order Designating Litigation Trust Account to Receive Settlement Funds from Law Firms #2120 to case participates. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 16, 2011 Filing 2120 Amended Order Designating Litigation Trust Account to Receive Settlement Funds from Law Firms. Signed on 8/16/11 by U.S. District Judge Michael R. Hogan. (sln) Modified signed date on 8/18/2011 (sln).
August 16, 2011 Filing 2118 Notice of Attorney Withdrawal: Filed by Esther I Falk, Gregory A Falk (Palmer, R.)
August 16, 2011 Filing 2117 Notice of Third Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart, Sokol & Gray, LLC for Period January 1, 2011 Through July 31, 2011 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
August 15, 2011 Opinion or Order Filing 2116 ORDER: Granting Receiver's Motion for Order Further Extending Deadline to 10/14/11 for Commencing Third Party Claims and Avoidance Actions #2115 . Signed on 8/15/11 by U.S. District Judge Michael R. Hogan. (sln)
August 12, 2011 Filing 2142 MINUTES of Proceedings: Settlement Conference held 8/12/2011. U.S. District Judge Michael R. Hogan presiding. (jw)
August 12, 2011 Filing 2115 Motion Receiver Michael Grassmueck's Application for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis Scollan, #3 Proposed Order) (Scollan, Francis)
August 11, 2011 Opinion or Order Filing 2113 Order - the Court is limiting access to the Order Designating Litigation Trust Account to Receive Settlement Funds from Law Firms #2112 to case participants. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 11, 2011 Opinion or Order Filing 2112 ORDER: Granting Joint Motion for Designation of Litigation Trust Account to Receive Settlement Funds from Law Firms #2108 . Signed on 8/11/11 by U.S. District Judge Michael R. Hogan. (sln)
August 10, 2011 Opinion or Order Filing 2114 ORDER: Granting Motion for Preliminary Approval of Class Action Settlement #2109 . Fairness Hearing is set for 9/20/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Signed on 8/10/2011 by U.S. District Judge Michael R. Hogan. (jw)
August 9, 2011 Filing 2110 Memorandum in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement. Filed by Certain Investor-Plaintiffs. (Related document(s): Motion - Miscellaneous #2109 .) (Attachments: #1 Exhibit A to Memorandum, #2 Exhibit B to Memorandum) (Esler, Michael)
August 9, 2011 Filing 2109 Unopposed Motion for Preliminary Approval of Class Action Settlement. Filed by Certain Investor-Plaintiffs. (Attachments: #1 Attachment Proposed Order re Motion for Preliminary Approval of Class Action Settlement) (Esler, Michael)
August 4, 2011 Filing 2111 MINUTES of Proceedings: Settlement Conference held on 8/4/2011. U.S. District Judge Michael R. Hogan presiding. (jw)
July 28, 2011 Filing 2108 Joint Motion for Designation of Litigation Trust Account to Receive Settlement Funds. Filed by Davis Wright Tremaine LLP. (Attachments: #1 Proposed Order Designating Litigation Trust Accout to Receive Settlement Funds from Law Firms) (Keppler, Daniel)
July 19, 2011 Opinion or Order Filing 2107 Order - The court previously found certain Chestnut Hill Investors to be in civil contempt of the court's order adopting and implementing the Distribution Plan. The Chestnut Hill Investors sought a stay of that order pending appeal (#2081) and the court set a show cause hearing. The parties having mediated this dispute, and there being a potential settlement pending, the show cause hearing scheduled for July 19, 2011, at 9:45 a.m. is vacated; and the stay pending appeal is extended until August 15, 2011. Signed on 7/19/11 by U.S. District Judge Michael R. Hogan. (sln)
July 19, 2011 Filing 2106 Request Twelfth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period November 1, 2010 Through December 31, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
July 18, 2011 Opinion or Order Filing 2105 ORDER: Oral Argument regarding Motion for Stay document titled: Renewed Motion for Stay Pending Appeal #2081 set for 7/19/2011 at 9:45AM is hereby vacated. Ordered by U.S. District Judge Michael R. Hogan. (jw)
July 15, 2011 Filing 2104 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for May and June 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: #1 Exhibit A & B) (MacLean, Merrilee)
July 14, 2011 Filing 2102 Notice Notice L.R. 83-13 Letter to Judge Hogan Filed by Sunwest Investors/Third-Party Claimants (Grenley, Gary)
July 13, 2011 Opinion or Order Filing 2103 Order to Show Cause why good faith settlement of claims of Raymond Bohen against estate should not be allowed by order. Anyone seeking to show cause shall file an objection with 10 days of the date hereof. Signed on 7/13/11 by U.S. District Judge Michael R. Hogan. (sln)
July 13, 2011 Filing 2101 Notice Letter to Judge Hogan Pursuant to LR 83-13 Filed by Kurtz's Canyon Crest (Fischer, Justine)
July 13, 2011 Filing 2100 Reply to Motion for Stay document titled: Renewed Motion for Stay Pending Appeal #2081 . Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Mountain, James)
July 13, 2011 Filing 2099 Request For No Further Notice. Filed by Charter Bank, North Cascade National Bank. (Cushing, Douglas)
July 13, 2011 Filing 2098 Notice L.R. 83-13 Letter to Judge Hogan Filed by Sunwest Investors/Third-Party Claimants (Yugler, Richard)
July 12, 2011 Opinion or Order Filing 2097 Order requiring Mediation for parties and their counsel with respect to Regent Assisted Living, set for Monday, July 18, 2011, at 1:00 pm. Such parties are further ordered to show cause, if any they have, no later than Wednesday, July 13, 2011, why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 7/11/2011 by U.S. District Judge Michael R. Hogan. (jw)
July 8, 2011 Filing 2096 Memorandum in Opposition To Renewed Motion for Stay Pending Appeal (Docket No. 2081). Filed by The Palmetto Bank. (Walker, Laura)
July 7, 2011 Filing 2095 Objection(s) in Response to Order Requiring Mediation. Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Order, #2094 .) (Schleicher, Tara)
July 7, 2011 Opinion or Order Filing 2094 Order requiring Mediation for parties and their counsel with respect to Bluffs at Northwoods Property, LLC set for Monday July 18, 2011 at 1pm. Such parties are further order to show cause if any they have not later than Monday July 11, 2011 why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 7/6/11 by U.S. District Judge Michael R. Hogan. (sln)
July 6, 2011 Opinion or Order Filing 2093 Order Requiring Mediation - with regard to the pending matters before this Court concerning Chestnut Hill, LLC, order the Tenants-in-Common, Palmetto Bank, Northland Networks, Inc and Hinshaw & Culbertson, LLP appear for the purpose of mediation on Jul 14, 2011 at 10AM. All parties have a person who are authorized to settle all Chestnut Hill related matters, appearing in person, at this Court on the appointed date. Signed on 7/6/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 7/7/2011 (jw).
June 29, 2011 Opinion or Order Filing 2092 Order approving settlement and allowing claims of Four Hawthorne Gardens Tenants in Common. Signed on 6/28/11 by U.S. District Judge Michael R. Hogan. (sln)
June 28, 2011 Filing 2091 MINUTES of Proceedings: Telephone Show Cause Hearing Held regarding Show Cause Order on Hawthorne Gardens #2065 , #2067 . Mr. Walters to submit final order. Counsel present: Merrilee MacLean and Steve Walters. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw)
June 28, 2011 Filing 2090 Proposed Form of Order Submitted - Approving Settlement and Allowing Claims. Filed by Michael Grassmueck. (Walters, Stephen)
June 27, 2011 Opinion or Order Filing 2089 Order from USCA for the 9th Circuit The joint motion and stipulation for voluntary dismissal of this appeal is granted. 14 Hawthorne Gardens TICs' Notice of Appeal #1937 is dismissed. This order served on the district court shall act as and for the mandate of this court. (sln)
June 27, 2011 Filing 2088 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 6/6/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/8/2011. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011. (Wilhelm, Deb)
June 27, 2011 Filing 2087 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/24/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/8/2011. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011. (Wilhelm, Deb)
June 27, 2011 Opinion or Order Filing 2086 ORDER: Granting Motion for Stay document titled: Renewed Motion for Stay Pending Appeal #2081 , effective immediately, for a period of 25 days. Parties opposing the stay shall file memoranda concerning their position no later than July 8, 2011. A hearing as to whether a stay shall be granted pending the completion of the appeal shall be held on 7/19/2011 at 09:45AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. All other pending motions related to the Chestnut Hill investors' request to stay enforcement of the court's contempt order #2048 , #2044 are denied as moot. Ordered and signed on 6/27/2011 by U.S. District Judge Michael R. Hogan. (jw)
June 24, 2011 USCA Appeal Fees re Chestnut Hill Investor's Notice of Appeal #2078 : Received Fee in amount of $455. Receipt number 600006605 issued. (sln)
June 23, 2011 Opinion or Order Filing 2085 Order requiring Mediation for parties and their counsel as contained in the order with respect to Encore Indemnity, Limited. Such parties are further order to show cause if any they have no later than Tuesday July 5, 2011 why the claimant should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with the court. Signed on 6/23/11 by U.S. District Judge Michael R. Hogan. (sln)
June 23, 2011 Filing 2084 Support of application for MIMO participation. Filed by Russell Cosgrove. (sln)
June 22, 2011 Filing 2083 Time Schedule Order from USCA for the 9th Circuit re Chestnut Hill Investor's Notice of Appeal #2078 . (sln)
June 22, 2011 Filing 2082 Memorandum in Support of Motion for Stay Pending Appeal. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Related document(s): Motion for Stay #2081 .) (Mountain, James)
June 22, 2011 Filing 2081 Motion for Stay document titled: Renewed Motion for Stay Pending Appeal. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Mountain, James)
June 22, 2011 Filing 2080 Representation Statement re Notice of Appeal #2078 . Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Mountain, James)
June 22, 2011 Filing 2079 Notice re Notice of Appeal #2078 Notice of Intent to Seek Emergency Stay of Contempt Order from Ninth Circuit Filed by Certain Chestnut Hill Investors, Connolly Chestnut Hill Investors (Related document(s): Notice of Appeal #2078 .) (Jacoby, Kevin)
June 22, 2011 Filing 2078 Notice of Appeal to the 9th Circuit from Order on motion for order to show cause,, #2037 . Filed by Certain Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Jacoby, Kevin)
June 21, 2011 Opinion or Order Filing 2077 ORDER: Granting Certain Smart Park 3 and Certain Smart Park 4 Intevestors' Motion for Relief from Stay of State Court Action regarding Smart Park #2069 . The stay with respect to C. Thomas' Framatone LLC et al v. Bank of Whitman et al Marion County Case No. 09CI4130, is hereby modified to allow the parties in that action to submit and the state court to sign and enter a limited judgment of dismissal with prejudice as to defendants Davis Wright Tremaine LLP and Timothy Dozois and Bank of Whitman. Otherwise the stay remains in full force and effect. Signed on 6/21/11 by U.S. District Judge Michael R. Hogan. (sln)
June 21, 2011 Filing 2074 Notice of Association of Attorney Jona Jolyne Maukonen. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors (Maukonen, Jona)
June 20, 2011 Opinion or Order Filing 2076 Order approving settlement and allowed claims of the Fourteen Hawthorne Gardens Tenants in Common. Signed on 6/17/11 by U.S. District Judge Michael R. Hogan. (sln)
June 20, 2011 Filing 2073 Joint Notice of Substitution of Counsel Filed by Chestnut Hill Investors (Connolly, Paul)
June 20, 2011 Filing 2072 Supplement to Motion for Reconsideration of Contempt Order for Lack of Jurisdiction. Filed by Connolly Chestnut Hill Investors. (Related document(s): Motion for Reconsideration #2044 .) (Connolly, Paul)
June 17, 2011 Opinion or Order Filing 2071 Order from USCA for the 9th Circuit dismissing Appeal re Notice of Appeal #1900 . Appellants Certain Smart Park 3's motion to dismiss this appeal is granted. (sln)
June 17, 2011 Filing 2070 Notice re Motion for Reconsideration #2044 , Motion for Stay #2048 Notice of Failure of Settlement Negotiations and Request for Expedited Oral Argument Filed by Connolly Chestnut Hill Investors (Related document(s): Motion for Reconsideration #2044 , Motion for Stay #2048 .) (Connolly, Paul)
June 17, 2011 Filing 2069 Unopposed Motion for Relief from Stay of State Court Action Regarding Smart Park. Filed by Certain Smart Park 3 and 4 Investors. (Attachments: #1 Proposed Order) (Connolly, Paul)
June 17, 2011 Opinion or Order Filing 2068 ORDER: Granting Stipulated Motion to Approve Settlement with certain Smart Park III Investors #2066 . Signed on 6/17/11 by U.S. District Judge Michael R. Hogan. (sln)
June 17, 2011 Filing 2067 Amended Order. Show Cause Hearing (re Hawthorne Gardens) is set for 6/28/2011 at 09:45AM by telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line 541-431-4045 passcode 1111# (5 minutes) prior to hearing. Signed on 6/17/11 by U.S. District Judge Michael R. Hogan. (sln)
June 17, 2011 Filing 2066 Stipulated Motion for Settlement. Filed by Certain Smart Park 3 Investors. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Connolly, Paul)
June 16, 2011 Filing 2075 Notice and Consent for Substitution of Attorneys David D. VanSpeybroeck is substituted as counsel of record in place of Attorney Laura Caldera Taylor Filed by on behalf of Jon M. Harder, Kristin Harder (sln)
June 16, 2011 Opinion or Order Filing 2065 Order. Show Cause Hearing (re Hawthorne Gardens) is set for 6/28/2011 at 09:45AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at 541-431-4045 passcode 1111# (5 minutes) prior to hearing. Signed on 6/16/11 by U.S. District Judge Michael R. Hogan. (sln)
June 16, 2011 Filing 2064 Memorandum in Opposition to Motion for Reconsideration of Order on motion for order to show cause,, #2037 #2044 . Filed by The Palmetto Bank. (Walker, Laura)
June 16, 2011 Filing 2063 Supplement Reply. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Related document(s): Motion - Miscellaneous, #2015 .) (Attachments: #1 Attachment Dismissal of Defendant James Brown) (Connolly, Paul)
June 15, 2011 Filing 2062 Proposed Form of Order Submitted Approving Settlement and Allowing Claims. Filed by Michael Grassmueck. (Walters, Stephen)
June 15, 2011 Opinion or Order Filing 2061 ORDER: Granting Receiver's Motion for Order Further Extending Deadline to 8/15/11 for Commencing Third Party Claims and Avoidance Actions #2058 . Signed on 6/15/11 by U.S. District Judge Michael R. Hogan. (sln)
June 15, 2011 Filing 2060 Notice And Second Post-Confirmation Application for Payment of Professional Fees of Mack Roberts & Co. Filed by Darryl E. Fisher (Jones, Justin)
June 15, 2011 Filing 2059 Notice And Second Post-Confirmation Application for Payment of Attorney's Fees of Thornton Byron LLP Filed by Darryl E. Fisher (Jones, Justin)
June 14, 2011 Filing 2058 Motion for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis Scollan, #3 Proposed Order) (Scollan, Francis)
June 14, 2011 Filing 2057 MINUTES of Proceedings: Telephone Show Cause Hearing Held regarding Show Cause Order on Hawthorne Gardens #2051 . Mr. Walters to submit final order. Counsel present: John Cosgrove, Ford Elsaesser, Paul Rundle and Steve Walters. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw)
June 10, 2011 Filing 2056 Objections to Magistrate Judge's Order to Show Cause filed 06/06/11; Motion to modify Show Cause Order. Filed by Marvin Calhoun. (Attachments: #1 Exhibit 14 HG TIC response to Show Cause Order) (Calhoun, Marvin)
June 10, 2011 Filing 2055 Motion for Attorney Fees /Ninth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the Peirod April 1, 2011 through April 30, 2011. Filed by Michael Grassmueck. (Osias, David)
June 10, 2011 Filing 2054 Motion for Attorney Fees /Eighth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the Period March 1, 2011 through March 31, 2011. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Osias, David)
June 10, 2011 Filing 2053 Motion for Attorney Fees /Seventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the period February 1, 2011 through February 28, 2011. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Osias, David)
June 9, 2011 Filing 2052 Memorandum in Support Reply in Support of Amended Motion for Referral of Dispute to Arbitration. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Related document(s): Motion - Miscellaneous, #2015 .) (Connolly, Paul)
June 6, 2011 Opinion or Order Filing 2051 Order by U.S. District Judge Michael R. Hogan. This matter has come before the Court with regard to the mediated settlement concluded on or about May 31, 2011, pursuant to the Court-ordered mediation scheduled at this time. Therefore all parties in the above-related matters are ORDERED TO SHOW CAUSE, if any they shall have, as detailed in the attached order. A hearing shall be held upon this Show Cause Order on 6/14/2011 at 09:15AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. Any objections to this order shall be filed with the Court no later than 6/10/2011. In the event of no objections, a final order shall be entered without hearing. Signed 6/6/2011 by U.S. District Judge Michael R. Hogan. (jw)
June 6, 2011 Filing 2050 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion for Extension of Time #2046 . Ordered motion is granted to the extent that the deadline is extended two additional weeks. Counsel present: Paul Connolly, Michael Esler, and Laura Walker. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion for Extension of Time #2046 .) (jw)
June 6, 2011 Opinion or Order Filing 2049 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion for Reconsideration of Order on Motion for Order to Show Cause #2037 #2044 , Emergency Motion for Extension of Time to Purge Contempt #2046 , and Emergency Motion for Stay Enforcement of Contempt Order Pursuant to FRCP 62(b) or in the alternative Stay Pending Appeal Pursuant to FRCP 62(c) #2048 . Oral Argument is set for 6/6/2011 at 01:00PM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. Ordered by U.S. District Judge Michael R. Hogan. (jw)
June 3, 2011 Filing 2048 Emergency Motion for Stay Enforcement of Contempt Order Pursuant to FRCP 62(b) or in the alternative Stay Pending Appeal Pursuant to FRCP 62(c). Oral Argument requested. Filed by Connolly Chestnut Hill Investors. (Connolly, Paul)
June 3, 2011 Filing 2047 Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
June 2, 2011 Filing 2046 Emergency Motion for Extension of Time to Purge Contempt. Expedited Oral Argument requested. Filed by Connolly Chestnut Hill Investors. (Connolly, Paul)
June 2, 2011 Filing 2045 Declaration of Paul R.J. Connolly in Support of Motion for Reconsideration. Filed by Connolly Chestnut Hill Investors. (Related document(s): Motion for Reconsideration #2044 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Connolly, Paul)
June 2, 2011 Filing 2044 Motion for Reconsideration of Order on motion for order to show cause,, #2037 . Expedited Oral Argument requested. Filed by Connolly Chestnut Hill Investors. (Connolly, Paul)
June 2, 2011 Opinion or Order Filing 2043 Order from USCA for the 9th Circuit re Notice of Appeal #1900 . The court is in receipt of appellants motion filed on May 27, 2011. The court construes appellants motion as a motion to dismiss the appeal as to all appellants except the Framatone appellants. So construed, the motion is granted. This order served on the district court shall act as and for the mandate of thiscourt as to all appellants except the Framatone appellants. The briefing schedule for the remaining appellants is stayed pending furtherorder of the court. (sln)
June 2, 2011 Filing 2042 Response to Motion for Referral of Dispute Regarding Insurance Coverage of Claims against James Brown and James Brown & Associates to Arbitration #2013 , Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration #2015 . Filed by James Brown & Associates, Inc.. (Wagner, Lawrence)
May 31, 2011 Filing 2041 MINUTES of Proceedings: Settlement Conferences held 5/31/2011. U.S. District Judge Michael R. Hogan presiding. (jw)
May 26, 2011 Filing 2040 Notice of Attorney Withdrawal: Filed by Spring Pointe, LLC (Field, Joseph)
May 25, 2011 Filing 2039 Notice of Substitution of Counsel Filed by Certain Hawthorne Gardens Investors (Connolly, Paul)
May 25, 2011 Filing 2038 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for April 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: # 1 Exhibit A-B) (MacLean, Merrilee) (sln).
May 24, 2011 Opinion or Order Filing 2037 ORDER: Palmetto Bank's motion #1955 is granted and the Chestnut Hill Investors are found to be in civil contempt of the Court's Order adopting and implementing the Distribution Plan. The Chestnut Hill Investors may purge themselves of the contempt by dismissing, with prejudice, the action in Marion County. If the action is not dismissed within 14 days from the date of this order, the court will set a date for the Investors to appear before this court to face further sanctions Signed on 5/24/11 by U.S. District Judge Michael R. Hogan. (sln)
May 24, 2011 Filing 2036 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion for Order to Show Cause #1955 . Ordered Motion is taken under advisement. Counsel Present: Paul Connolly, Ford Elsaesser, Michael Esler, David Foraker, Kevin Jacoby, Merrilee MacLean, and Laura Walker. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion for Order to Show Cause #1955 .) (jw)
May 23, 2011 Filing 2035 Clerk's Notice of Mailing to Thomas Kelley regarding Order 2034 . (sln)
May 23, 2011 Opinion or Order Filing 2034 Order the court has reviewed the Response to Order to Show Cause by Zia Trust, Inc #2022 , Response to Order to Show Cause by Thomas M. Kelley #2023 , and Response to Order to Show Cause by Carol Ray #2024 . The Court orders the parties to attend the schedule mediation as follows: June 8, 2011 at 2pm for Zia Trust, Inc, June 9, 2011 at 11am for Thomas Kelley guardian for Marion Elaine Kelley and June 10, 2011 at 11am for Carol Ray as Next Friend of Nettie Ruth Cook. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 23, 2011 Filing 2033 Response to Order dated May 20, 2011 in regard to May 31, 2011 Mediation. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
May 20, 2011 Opinion or Order Filing 2032 Order - the conditional withdrawal is not an appropriate response to the order to show cause, and therefore, the Hawthorne Gardens, LLC, and in particular, certain Tenants-in-Common, John R. Cosgrove, Esq., and his clients, and the other parties to the mediation are ordered to appear at the offices of Allen Matkins Leek Gamble Mallory & Natsis, LLP,Three Embarcadero Center, Twelfth Floor, San Francisco, California 94111, on Tuesday, May 31, 2011, at 9 a.m., to mediate outstanding issues with regard to Hawthorne Gardens. Signed on 5/20/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 5/20/2011 (sln).
May 20, 2011 Opinion or Order Filing 2031 Order - the court having heard no objection to the Order to Show Cause regarding Frank De Mello. Order granting an administrative priority claim, to be allowed and paid by the Receiver in the amount of One Hundred Fifty Thousand Dollars ($150,000) in full satisfaction of the claims of Fran De Mello. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 20, 2011 Opinion or Order Filing 2030 ORDER: Granting James Brown and James Brown & Associates' Motion for Extension of Time to 6/3/2011 to File Response to Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration #2015 filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 20, 2011 Filing 2029 Supplement to Response to Order to Show Cause #2017 . Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
May 20, 2011 Filing 2028 Notice of Appearance of Justin C. Jones appearing on behalf of Darryl E. Fisher Filed by on behalf of Darryl E. Fisher (Jones, Justin)
May 19, 2011 Filing 2027 Declaration of Lawrence A. Wagner. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #2026 .) (Wagner, Lawrence)
May 19, 2011 Filing 2026 Motion for Extension of Time to File a Response/Reply to Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration #2015 .. (Wagner, Lawrence)
May 13, 2011 Filing 2025 Response to Order to Show Cause #2017 . Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
May 13, 2011 Filing 2024 Response to Order to Show Cause #2019 . Filed by Carol Ray. (sln)
May 12, 2011 Filing 2023 Response to Order to Show Cause #2019 . Filed by Thomas M. Kelley. (sln)
May 12, 2011 Filing 2022 Response to Order to Show Cause #2019 . Filed by Zia Trust, Inc.. (sln)
May 11, 2011 Filing 2021 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 3/29/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/23/2011. Redaction Request due 6/6/2011. Redacted Transcript Deadline set for 6/16/2011. Release of Transcript Restriction set for 8/12/2011. (Wilhelm, Deb)
May 11, 2011 Filing 2020 Notice of Attorney Withdrawal: Filed by Oregon Department of Consumer and Business Services (Rosenhouse, Daniel)
May 10, 2011 Opinion or Order Filing 2019 Order requiring Mediation for parties and their counsel as contained in the order. Such parties are further order to show cause if any they have no later than Friday May 13, 2011 why they should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this court. Signed on 5/10/11 by U.S. District Judge Michael R. Hogan. (sln)
May 9, 2011 Opinion or Order Filing 2018 ORDER: Denying as Moot Claimant Bolles' French Quarter, LLC's Motion for approval of late-filed claim #2006 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 9, 2011 Opinion or Order Filing 2017 Order requiring Mediation and Order to Show Cause why Mediation should not to forward regarding Hawthorne Gardens, LLC. Order that John R. Cosgrove, Esq, practicing law and his clients currently participating in this proceedings appear on Tuesday May 31, 2011 at the Law Offices of Allen Matkins Leck Gamble Mallory & Natis LLP San Francisco California at 9am for the purpose of mediating any outstanding and remaining issues involving said property. Ordered that such counsel and parties are further ordered to show cause, if any they have, not later than May 13, 2011 why they should not appear and attend said mediation as scheduled. Signed on 5/9/11 by U.S. District Judge Michael R. Hogan. (sln)
May 6, 2011 Filing 2016 Supplement Detail of Payment of Fees in Support of Petition and Statement for Attorney Fees and Cost Bill. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Motion for Attorney Fees, #1810 .) (Connolly, Paul)
May 5, 2011 Filing 2015 Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration. Oral Argument requested. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Attachments: #1 Proposed Order) (Connolly, Paul)
May 5, 2011 Filing 2014 Declaration of Paul R.J. Connolly in Support of Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Related document(s): Motion - Miscellaneous, #2013 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Connolly, Paul)
May 5, 2011 Filing 2013 Motion for Referral of Dispute Regarding Insurance Coverage of Claims against James Brown and James Brown & Associates to Arbitration. Oral Argument requested. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Attachments: #1 Proposed Order) (Connolly, Paul)
May 4, 2011 Filing 2012 Declaration of Gordon Checketts in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous #2006 .) (Connolly, Paul)
May 4, 2011 Filing 2011 Declaration of Mary Bishop in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous #2006 .) (Connolly, Paul)
May 4, 2011 Filing 2010 Declaration of Cindy Batchelder in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous #2006 .) (Connolly, Paul)
May 4, 2011 Filing 2009 Declaration of Bradley Fish in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous #2006 .) (Connolly, Paul)
May 4, 2011 Filing 2008 Declaration of Paul R.J. Connolly in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous #2006 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Connolly, Paul)
May 4, 2011 Filing 2007 Memorandum in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous #2006 .) (Connolly, Paul)
May 4, 2011 Filing 2006 Motion for Approval of Late-Filed Claim.. (Connolly, Paul)
May 3, 2011 Filing 2005 MINUTES of Proceedings: Motion Hearing Held regarding Joint Motion for Order (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claims, Interests and Encumbrances; (II) Relieving Receiver From the Provisions of 28 U.S.C. Sections 2001-2002; and (III) Authorizing the Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker #1981 . Ordered motion is GRANTED. Hearing held regarding Third Party Fee Petitions. Ordered petitions are taken under advisement. Counsel present: Paul Connolly, Ford Elsaesser (via telephone), Michael Esler, Justine Fischer, Gary Grenley, Kit Pierson, Constantine Pourakis (via telephone), Christopher Varallo (via telephone), Richard Yugler, and David Zaro (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion - Miscellaneous #1981 .) (jw)
May 3, 2011 Opinion or Order Filing 2004 Order (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claim, Interests and Encumbrances; (II) Relieving Receiver From Provisions of 28 U.S.C. Sections 2001-2002; (III) Authorizing The Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker. Signed on 5/3/11 by U.S. District Judge Michael R. Hogan. (sln)
May 2, 2011 Filing 2003 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 3/22/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/12/2011. Redaction Request due 5/26/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/4/2011. (Wilhelm, Deb)
May 2, 2011 Filing 2002 Supplement Corrected Fee Petition Of Grenley Attorneys. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Notice #1763 , Affidavit, #2001 , Supplement #1999 , Notice, #1764 .) (Grenley, Gary)
April 28, 2011 Filing 2001 SIGNED Supplemental Affidavit of Gary I. Grenley of April 28, 2011. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Supplement #1999 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Grenley, Gary)
April 28, 2011 Filing 2000 Supplemental Affidavit of Gary I. Grenley of April 28, 2011. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Supplement #1999 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Grenley, Gary)
April 28, 2011 Filing 1999 Supplement Grenley Firm Supplemental Attorney Fee Request And Memorandum In Support. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Notice #1763 , Notice, #1764 .) (Grenley, Gary)
April 28, 2011 Filing 1998 Reply Memorandum in Support of Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief. Filed by The Palmetto Bank. (Related document(s): Memorandum in Opposition, #1989 .) (Walker, Laura)
April 28, 2011 Filing 1997 Notice of Attorney Withdrawal: Filed by Certain Plaintiffs' Counsel (Dretke, Brian)
April 20, 2011 Filing 1995 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for March 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: #1 Exhibit A and B) (MacLean, Merrilee)
April 19, 2011 Opinion or Order Filing 1996 ORDER: Limiting Notice of and Granting Motion to Approve Settlement with Secured TICs (Henvy/Grabenhorst) #1992 . Signed on 4/19/11 by U.S. District Judge Michael R. Hogan. (sln)
April 19, 2011 Opinion or Order Filing 1994 Order regarding Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief #1955 Oral Argument is reset from 5/3/11 to 5/24/2011 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan.Parties are directed to call the bridge line at 541-431-4045 meeting id number 1111 prior to hearing time. (sln)
April 18, 2011 Filing 1993 Request for final decision on motion. Filed by Capital Pacific Bank. (Summers, Brent)
April 18, 2011 Filing 1992 Stipulated Motion for Settlement with Secured TICs and Motion to Limit Notice Thereof (Henvy/Grabenhorst). Filed by Secured TICs. (Attachments: #1 Proposed Order) (Connolly, Paul)
April 15, 2011 Opinion or Order Filing 1991 Scheduling Order by U.S. District Judge Michael R. Hogan, Order regarding Joint Motion for Order (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claims, Interests and Encumbrances; (II) Relieving Receiver From the Provisions of 28 U.S.C. Sections 2001-2002; and (III) Authorizing the Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker #1981 , Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief #1955 Oral Argument and Hearing on Third Party Fee Petition are set for 5/3/2011 at 11:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 14, 2011 Filing 1990 Declaration of Michael Grassmueck. Filed by Certain Chestnut Hill Investors. (Related document(s): Memorandum in Opposition, #1989 .) (Esler, Michael)
April 14, 2011 Filing 1989 Memorandum in Opposition to Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief #1955 . Filed by Certain Chestnut Hill Investors. (Esler, Michael)
April 13, 2011 Opinion or Order Filing 1988 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Order on Motion #1987 . A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The Order has the wrong signed date. The date should read "April 13, 2011". (sln)
April 13, 2011 Opinion or Order Filing 1987 ORDER: Granting Receiver's Motion further extending deadline to 6/15/11 for commencing third party claims and avoidance actions #1986 . Signed on 4/13/11 by U.S. District Judge Michael R. Hogan. (sln) (Main Document 1987 replaced on 4/13/2011) (sln).
April 12, 2011 Filing 1986 Motion FOR ORDER FURTHER EXTENDING DEADLINE FOR COMMENCING THIRD PARTY CLAIMS AND AVOIDANCE ACTIONS. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis N. Scollan, #3 Proposed Order) (Scollan, Francis)
April 6, 2011 Opinion or Order Filing 1985 Order re assignment of all Sunwest Investor's rights and claims against certain third parties to Receiver. Signed on 4/6/11 by U.S. District Judge Michael R. Hogan. (sln)
April 6, 2011 Filing 1984 Transcript Designation and Order Form for the hearing held on 2/9/11 before Judge Michael R. Hogan. Court Reporter: Deb Wilhelm. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
April 6, 2011 Filing 1983 Proposed Form of Order Submitted (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claim, Interests and Encumbrances; (II) Relieving Receiver From Provisions of 28 U.S.C. Sectons 2001-2002; (III) Authorizing The Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Zaro, David)
April 6, 2011 Filing 1982 Memorandum in Support of Agreed Motion for Order Authorizing Sale of Certain Property, etc.. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous, #1981 .) (Attachments: #1 Exhibit A) (Zaro, David)
April 6, 2011 Filing 1981 Joint Motion for Order (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claims, Interests and Encumbrances; (II) Relieving Receiver From the Provisions of 28 U.S.C. Sections 2001-2002; and (III) Authorizing the Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker. Filed by Michael Grassmueck. (Zaro, David)
April 4, 2011 Opinion or Order Filing 1980 Order granting First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC #1802 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Filing 1979 Memorandum in Support RESPONSE OF ESLER, STEPHENS & BUCKLEY TO ORDER TO SHOW CAUSE. Filed by Certain Investor-Plaintiffs. (Related document(s): Order to Show Cause, #1943 .) (Stephens, John)
April 1, 2011 Filing 1978 Declaration of OF MICHAEL J. ESLER IN SUPPORT OF RESPONSE TO ORDER TO SHOW CAUSE. Filed by Certain Investor-Plaintiffs. (Related document(s): Order to Show Cause, #1943 .) (Stephens, John)
April 1, 2011 Filing 1977 Supplement Letter to Judge Hogan. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Response to Motion #1973 .) (Trinchero, Paul)
April 1, 2011 Filing 1976 Supplemental Declaration of Paul R.J. Connolly in Support of Petition and Statement for Attorney Fees and Cost Bill. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Brief #1975 .) (Connolly, Paul)
April 1, 2011 Filing 1975 Brief in Response to Order to Show Cause. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Order to Show Cause, #1943 .) (Connolly, Paul)
April 1, 2011 Filing 1974 Affidavit of Gary I. Grenley in Response to Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Response to Motion #1973 .) (Attachments: #1 Exhibit, #2 Exhibit) (Trinchero, Paul)
April 1, 2011 Filing 1973 Response to Order to Show Cause re: Third-Party Fee Petition. Filed by Sunwest Investors/Third-Party Claimants. (Grenley, Gary)
April 1, 2011 Filing 1972 Supplement Letter to Judge Hogan. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Motion - Miscellaneous #1970 , Affidavit in Support of Motion, #1971 .) (Grenley, Gary)
April 1, 2011 Filing 1971 Gary I. Grenley Supplemental Affidavit in Support of Motion Requesting In Camera Review and Filing Under Seal of Privileged And Confidential Communications and In Response to Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Motion - Miscellaneous #1970 .) (Attachments: #1 Exhibit Exhibit 1 to Grenley Supplemental Affidavit) (Grenley, Gary)
April 1, 2011 Filing 1970 Motion Requesting In Camera Review And Filing Under Seal of Privileged And Confidential Communications. Filed by Sunwest Investors/Third-Party Claimants. (Grenley, Gary)
April 1, 2011 Opinion or Order Filing 1969 Order granting Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for October 2010 #1708 , Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for November 2010 #1748 , Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for December 2010 and Request for Approval and Payment of All Outstanding Expenses for the TIC Committee Counsel through December 31, 2010 #1832 , Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for January 2011 #1906 , Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for February 2011 #1940 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses in these applications, plus the requested expenses and TIC Committee Member expenses contained in applications #1452 , #1563 and #1595 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Filing 1968 Declaration of Justine Fischer in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Brief #1965 .) (Attachments: #1 Exhibit A (time and expense records)) (Pierson, Kit)
April 1, 2011 Filing 1967 Declaration of Herbert E. Adelman in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Brief #1965 .) (Attachments: #1 Exhibit A (time and expense records)) (Pierson, Kit)
April 1, 2011 Filing 1966 Declaration of Kit A. Pierson in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Brief #1965 .) (Attachments: #1 Exhibit A (Kit A. Pierson time records), #2 Exhibit B (CMST time records), #3 Exhibit C (complaint), #4 Exhibit D (CMST expenses)) (Pierson, Kit)
April 1, 2011 Filing 1965 Brief in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Order to Show Cause, #1943 .) (Attachments: #1 Exhibit A (Fees Memo), #2 Exhibit B (Suppl. Fees Memo)) (Pierson, Kit)
April 1, 2011 Filing 1964 Declaration of Richard S. Yugler in Support of Movant LBB's Response to March 22, 2011 Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Yugler, Richard)
April 1, 2011 Filing 1963 Response to Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Yugler, Richard)
April 1, 2011 Opinion or Order Filing 1962 Order granting First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period of August 6, 2010 Through September 30, 2010 #1588 to the extent that the Court orders pay of only 100% of the requested expenses for this application. Order granting Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period October 1, 2010 Through December 31, 2010 #1817 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses for this application. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Opinion or Order Filing 1961 ORDER: Granting Revised First and Second Post-Confirmation Application and Third Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP #1788 ; Fourth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period November 1, 2010 through November 30, 2010 #1803 ; Fifth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period December 1, 2010 through December 31, 2010 #1858 ; Sixth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver, for the period January 1, 2011 through January 31, 2011 #1894 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Opinion or Order Filing 1960 Order granting First Post-Confirmation Application for Fees and Expenses by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, for Period August 6, 2010 through December 31, 2010 #1835 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Opinion or Order Filing 1959 Order granting First Post-Confirmation Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) #1759 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Opinion or Order Filing 1958 Order granting Fourth Post-Confirmation Application for Payment of Attorney's Fees (Thornton Byron, LLP) #1758 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 1, 2011 Opinion or Order Filing 1957 ORDER: granting Tenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the period August 6, 2010 through August 31, 2010 #1538 and Eleventh Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the period September 1, 2010 through October 31, 2010 #1938 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 31, 2011 Opinion or Order Filing 1956 Order granting First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period August 6, 2010, through August 31, 2010 #1612 , Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period September 1, 2010 through December 31, 2010 #1843 , and Final (Third) Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period January 1, 2011 through January 31, 2011 #1924 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 31, 2011 Filing 1955 Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief. Oral Argument requested. Filed by The Palmetto Bank. (Walker, Laura)
March 31, 2011 Filing 1954 Declaration of Laura J. Walker. Filed by The Palmetto Bank. (Related document(s): Motion for Order to Show Cause, #1952 .) (Walker, Laura)
March 31, 2011 Filing 1953 Declaration of Jeffrey C. Nix. Filed by The Palmetto Bank. (Related document(s): Motion for Order to Show Cause, #1952 .) (Walker, Laura)
March 31, 2011 Filing 1952 STRICKEN Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief. Oral Argument requested. Filed by The Palmetto Bank. (Walker, Laura) Modified on 4/6/2011 - document attached is not entitled as a motion (sln).
March 29, 2011 Filing 1951 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion For Order re Assignment of all Sunwest Investors' Rights and Claims against certain Third Parties to Receiver #1931 . Ordered motion is granted. Counsel present: Steve Berman, Ford Elsaesser, Michael Esler, Michael Estok, Gary Grenley, Katie Haraguchi, Kevin Jacoby, Merrilee MacLean, Francis Scollan, Paul Trinchero, and Stephen Walters. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion #1931 .) (jw)
March 29, 2011 Filing 1950 Amended Proposed Form of Order Submitted regarding Assignment of Certain Third Party Claims. Filed by Michael Grassmueck. (Scollan, Francis)
March 25, 2011 Opinion or Order Filing 1949 ORDER: Denying as Moot Cheryl Hightower's Motion for Order granting relief from stay #1446 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 25, 2011 Opinion or Order Filing 1947 ORDER: Denying as Moot Motion for Relief from Preliminary Injuction #390 ; Denying as Moot Motion to Compel to Compel Account Payments or in the Alternative for Relief from the Preliminary Injunction or in the Alternative to Compel Mediation #518 ; Denying as Moot Motion for Relief from Stay and from Injunction #552 ; Denying as Moot Motion for Relief from Preliminary Injunction and for Adequate Protection #583 ; Denying as Moot Motion for Clarification of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprises #703 ; Denying without prejudice Motion Intervenors' Motion To Approve The Distribution Plan Affecting Third-Party Claims As Modified #946 ; Denying as Moot Motion for Clarification #1042 ; Denying as Moot Motion for Joinder #1054 ; Granting Attorney Patrick Risken's Motion to Withdraw as counsel for Robert Price #1428 ; Denying as Moot Motion to Expedite #1429 . Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified duplicate text on 3/28/2011 (jw).
March 23, 2011 Filing 1946 Stipulated Order approving settlement and establishing allowed claim of Sean Ryan. Signed on 3/23/11 by U.S. District Judge Michael R. Hogan. (sln)
March 22, 2011 Opinion or Order Filing 1945 Order formerly abandoning Divestco Property Milton Senior Community, LLC. Signed on 3/22/11 by U.S. District Judge Michael R. Hogan. (sln)
March 22, 2011 Filing 1944 Proposed Form of Order Submitted Stipulated Order Approving Settlement and Establishing Allowed Claim of Sean Ryan. Filed by Michael Grassmueck. (Zaro, David)
March 22, 2011 Opinion or Order Filing 1943 Order to Show Cause with respect to various third party fee applications. All movants listed in the the show cause order shall provide their written response no later than 10 days from the date of this order. Attorneys will not be compensated for time spent responding to this order. Following submission of written responses, the court will set a hearing. Signed on 3/22/11 by U.S. District Judge Michael R. Hogan. (sln)
March 22, 2011 Filing 1942 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun #1798 , Motion for Findings of Fact and Conclusions of Law #1904 , and Motion to Abandon Milton Senior Community, LLC #1898 . Motion to Abandon Milton Senior Community, LLC #1898 is granted, and order signed. Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun #1798 and Motion for Findings of Fact and Conclusions of Law #1904 are taken under advisement. Counsel Present: Brent G. Summers, Christopher T. Carson and Ford Elsaesser. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion #1798 , Motion #1904 , and Motion #1898 . (jw)
March 21, 2011 Filing 1948 Declarations. Filed by Marvin Calhoun. (Related document(s): Response in Opposition to Motion #1934 .) (sln)
March 21, 2011 Filing 1941 Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal #1937 by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
March 21, 2011 Filing 1940 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for February 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: #1 Exhibit A - B) (MacLean, Merrilee)
March 21, 2011 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #1937 by Fourteen Hawthorne Gardens' Tenants in Common Case Appealed to Ninth Circuit Case Number 11-35239 assigned. (sln)
March 18, 2011 USCA Appeal Fees re Notice of Appeal #1937 by Fourteen Hawthorne Gardens' Tenants in Common: Received Fee in amount of $455. Receipt number 600006311 issued. (sln)
March 18, 2011 Filing 1939 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 12/10/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/28/2011. Redaction Request due 4/11/2011. Redacted Transcript Deadline set for 4/21/2011. Release of Transcript Restriction set for 6/20/2011. (Wilhelm, Deb)
March 17, 2011 Filing 1938 Notice ELEVENTH INTERIM APPLICATION FOR PROFESSIONAL COMPENSATION OF RECEIVER MICHAEL A. GRASSMUECK FOR THE PERIOD SEPTEMBER 1, 2010 THROUGH OCTOBER 31, 2010 Filed by Michael Grassmueck (Larkins, William)
March 17, 2011 Filing 1937 Notice of Appeal to the 9th Circuit. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (Rundle, Paul)
March 17, 2011 Filing 1936 Notice of Association of Attorney Paul R. Rundle. Filed by Fourteen Hawthorne Gardens' Tenants in Common (Rundle, Paul)
March 16, 2011 Opinion or Order Filing 1935 Order regarding Motion For Order re Assignment of all Sunwest Investors' Rights and Claims against certain Third Parties to Receiver #1931 Oral Argument is set for 3/29/2011 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline at 541-431-4045 passcode 1111# (5 minutes) prior to hearing. (sln)
March 13, 2011 Filing 1934 Response in Opposition to Joint Motion for Order for Findings of Fact and Conclusions of Law (Corrected) #1928 , Joint Motion for Order for Findings of Fact and Conclusions of Law #1904 . Filed by Marvin Calhoun. (Calhoun, Marvin)
March 10, 2011 Filing 1931 Motion For Order re Assignment of all Sunwest Investors' Rights and Claims against certain Third Parties to Receiver. Filed by Michael Grassmueck. (Attachments: #1 Proposed Order) (Scollan, Francis) Modified text on 3/16/2011 (sln).
March 10, 2011 Filing 1929 Response in Opposition - Memorandum to Support Receiver's Objection and Motion to Strike Application to Interviene by Fourteen Hawthorne Gardens Investors - to Motion to Intervene #1909 . Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Walters, Stephen)
March 9, 2011 Filing 1933 Stipulated Order approving settlement; establishing actual real property loan balance; and resolving third party claims as to secured creditor of Vestin Signed on 3/9/11 by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2011 Filing 1932 Declaration of John R. Cosgrove. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (Related document(s): Motion to intervene #1909 .) (sln)
March 9, 2011 Opinion or Order Filing 1930 Order - the Court is allowing the requested fee protocol to pay subsequent compensation and expenses of Board of Managers and Professionals Re Willamette Property Holdings, LLC on a monthly basis subject to a quarterly application process and review by the Court. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2011 Filing 1928 Joint Motion for Order for Findings of Fact and Conclusions of Law (Corrected). Oral Argument requested. Filed by Capital Pacific Bank. (Summers, Brent)
March 9, 2011 Filing 1927 Memorandum in Opposition - Memorandum to Support Receiver's Objection and Motion to Strike Application to Intervene by Fourteen Hawthorne Gardens Investors to Motion to Intervene #1909 . Filed by Michael Grassmueck. (Walters, Stephen)
March 9, 2011 Filing 1926 Memorandum in Opposition - Receiver's Objection and Motion to Strike Application to Intervene by Fourtheen Hawthorne Gardens Investors to Motion to Intervene #1909 . Filed by Michael Grassmueck. (Walters, Stephen) Modified text on 3/10/2011 (sln).
March 9, 2011 Filing 1925 MINUTES of Proceedings: Telephone Hearing held regarding First Notice Application for Compensation and Expenses of Board of Managers and Professionals Re Willamette Property Holdings, LLC (Previously Known As "TrustCo"), Filed by Willamette Property Holdings, LLC #1915 . Ordered application is GRANTED. Counsel Present: Ford Elsaesser and John Spencer Stewart. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw)
March 9, 2011 Filing 1924 Notice of Final (Third) Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period January 1, 2011, through January 31, 2011 Filed by Unsecured Creditors Committee (Attachments: #1 Exhibit A: Fees for January 2011, #2 Exhibit B: Costs for January 2011, #3 Proposed Order) (Elsaesser, Ford)
March 8, 2011 Filing 1923 Transcript Designation and Order Form for the hearing held on December 10, 2010 before Judge Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal #1900 . Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. Transcript is due by 4/11/2011. (Jacoby, Kevin)
March 7, 2011 Filing 1922 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 1/25/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/17/2011. Redaction Request due 3/31/2011. Redacted Transcript Deadline set for 4/11/2011. Release of Transcript Restriction set for 6/9/2011. (Wilhelm, Deb)
March 7, 2011 Opinion or Order Filing 1921 Order regarding Lloyd Enterprises, Inc's Motion to Abandon Milton Senior Community, LLC #1898 Oral Argument is set for 3/22/2011 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045 password 1111# (5 minutes) prior to hearing. (sln)
March 4, 2011 Filing 1920 Stipulated Proposed Form of Order Submitted Approving Settlement; Establishing Actual Real Property Loan Balance; and Resolving Third Party Claims As to Secured Creditor of Vestin. Filed by Michael Grassmueck. (Zaro, David)
March 3, 2011 Filing 1919 Motion for Clarification of Order Settling Claims of Paul Connolly Order #1917 . Filed by Law Office of Paul R.J. Connolly, PC. (Jacoby, Kevin)
March 3, 2011 Opinion or Order Filing 1918 Order from USCA for the 9th Circuit pursuant to the stipulation filed by the parties, this appeal is dismissed re Notice of Appeal #1776 filed by Homesteads at Newtown TICs, 422 TIC Investor-Owners. (sln) Modified text on 3/7/2011 (jw).
March 3, 2011 Opinion or Order Filing 1917 Order settling claims of Paul Connolly. Signed on 3/3/11 by U.S. District Judge Michael R. Hogan. (sln)
March 3, 2011 Opinion or Order Filing 1916 Scheduling Order by U.S. District Judge Michael R. Hogan regarding First Notice Application for Compensation and Expenses of Board of Managers and Professionals Re Willamette Property Holdings, LLC (Previously Known As "TrustCo"), #1915 . Hearing is set for 3/9/2011 at 09:15AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045, password 1111#, (5 minutes) prior to hearing. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 3, 2011 Filing 1915 First Notice Application for Compensation and Expenses of Board of Managers and Professionals Re Willamette Property Holdings, LLC (Previously Known As "TrustCo") Filed by Willamette Property Holdings, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Elsaesser, Ford)
March 2, 2011 Opinion or Order Filing 1914 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun #1798 and Joint Motion for Order for Findings of Fact and Conclusions of Law #1904 . Oral Argument is set for 3/22/2011 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045, password 1111#, (5 minutes) prior to hearing. Ordered by U.S. District Judge Michael R. Hogan. (jw)
March 2, 2011 Opinion or Order Filing 1913 Order setting allowed claim amount of GRE Management Services, Inc/Riverwalk Commons, L.P. Signed on 3/1/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 3/3/2011 (jw).
March 2, 2011 Filing 1912 Transcript Designation and Order Form for the hearing held on January 25, 2011 before Judge Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal #1900 . Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. Transcript is due by 4/4/2011. (Jacoby, Kevin)
March 2, 2011 Filing 1911 Proposed Form of Order Submitted Settling Claims of Paul Connolly. Filed by Michael Grassmueck. (Zaro, David)
February 28, 2011 Opinion or Order Filing 1910 ORDER: Granting Bank of Whitman's Motion to Withdraw Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims #1769 . Ordered objections by Bank of Whitman are moot and the claims are withdrawn. Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 28, 2011 Filing 1909 Motion for Leave to Intervene in action to file notice of appeal. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
February 25, 2011 Filing 1908 Docketing Letter and Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal #1900 by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (sln)
February 25, 2011 Opinion or Order Filing 1907 ORDER: Granting Receiver's Motion for Order further extending deadline for commencing third party claims and avoidance actions to 4/15/11 #1905 . Signed on 2/25/11 by U.S. District Judge Michael R. Hogan. (sln)
February 25, 2011 Filing 1906 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for January 2011 and Request for Approval of Payment for Representation of TIC Committee Filed by Tenants in Common Committee (Attachments: #1 Exhibit A and B) (MacLean, Merrilee)
February 25, 2011 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #1900 by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. Case Appealed to Ninth Circuit Case Number 11-35171 assigned. (sln)
February 24, 2011 Filing 1905 Motion Receiver Michael Grassmueck's Application for Order Extending Deadline for Commencing Third Party Claims. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis Scollan, #3 Proposed Order) (Scollan, Francis)
February 24, 2011 Filing 1904 Joint Motion for Order for Findings of Fact and Conclusions of Law. Oral Argument requested. Filed by Capital Pacific Bank. (Summers, Brent)
February 24, 2011 Opinion or Order Filing 1903 Order vacating Court's Order of Civil Contempt against Magnolia's Oaks at Riverstone LLC, Magnolia Ventures, Inc and David Schreiber #1848 as the parties have complied with the court's order. Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 22, 2011 USCA Appeal Fees re Notice of Appeal #1900 by Certain Smart Park 3 TICs, Certain Smart Park 4 TICs and Certain 9th & Rose TICs: Received Fee in amount of $455. Receipt number 600006230 issued. (sln)
February 22, 2011 Filing 1902 Notice of Purging of Contempt by Magnolia Oaks LLC, et al Filed by Michael Grassmueck (Walters, Stephen)
February 18, 2011 Filing 1901 Representation Statement re Notice of Appeal #1900 . Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
February 18, 2011 Filing 1900 Notice of Appeal to the 9th Circuit from Stipulated Order #1860 , Order #1861 . Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
February 17, 2011 Filing 1899 Proposed Form of Order Submitted Order Formerly Abandoning Divestco Property Milton Senior Community, LLC. Filed by Lloyd Enterprises, Inc.. (Carson, Christopher)
February 17, 2011 Filing 1898 Motion to Abandon Milton Senior Community, LLC. Filed by Lloyd Enterprises, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Carson, Christopher)
February 16, 2011 Filing 1896 Stipulated Proposed Form of Order Submitted Order Setting Allowed Amount on Claims. Filed by GRE Management Services, Inc., Riverwalk Commons, L.P.. (Pearson, Teresa)
February 15, 2011 Filing 1894 Motion for Attorney Fees /Sixth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver, for the period January 1, 2011 through January 31, 2011. Filed by Michael Grassmueck. (Osias, David)
February 14, 2011 Opinion or Order Filing 1897 Order regarding payment on applications for compensation and expenses to Grove, Mueller & Swank, P.C. Signed on 2/12/11 by U.S. District Judge Michael R. Hogan. (sln)
February 11, 2011 Filing 1893 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 2/9/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/22/2011. Redaction Request due 3/7/2011. Redacted Transcript Deadline set for 3/17/2011. Release of Transcript Restriction set for 5/16/2011. (Wilhelm, Deb)
February 11, 2011 Filing 1892 Proposed Form of Order Submitted Regarding Payment on Applications for Compensation and Expenses. Filed by Grove, Mueller & Swank, P.C.. (Knapp, Michael)
February 10, 2011 Opinion or Order Filing 1891 ORDER: Certain 9th & Rose TICs' Motion to Amend Order staying court actions entered January 26, 2011 #1889 , is hereby denied. Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 9, 2011 Opinion or Order Filing 1895 Order (1) approving Settlement and (2) entering Final Claim Bar Order and Injunction. Signed on 2/9/11 by U.S. District Judge Michael R. Hogan. (sln)
February 9, 2011 Filing 1890 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates, LLP, and Thompson & Knight, LLP, and for Entry of Final Claims Bars #1591 , Motion for Remedies #1749 , and Motion to Strike #1875 . Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates, LLP, and Thompson & Knight, LLP and for Entry of Final Claims Bars #1591 is granted and order signed. Motion for Remedies #1749 is taken under advisement. Show Cause Hearing held regarding Distributions. Mr. Elsaesser to submit proposed order. Michael Liftik present as counsel for plaintiff. Stephen English and David VanSpeybroeck present as counsel for defendants. Stephen Walters present as counsel for receiver. Other counsel present: Joseph Arellano, Paul Connolly, John Cosgrove (via telephone), Brad Daniels, Barnes Ellis, Ford Elsaesser (via telephone), Michael Esler, Justine Fischer, Gary Grenley, Nancy Isserlis (via telephone), Daniel Keppler, Chelsea Lewandowski (via telephone), Merrilee MacLean (via telephone), Teresa Pearson (via telephone), Kit Pierson, Paul Rasken, Patrick Risken (via telephone), John Stephens, and David Zaro. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion #1749 , Motion #1591 , and Motion #1875 .) (jw)
February 8, 2011 Filing 1889 Motion to Amend Order Staying Court Actions. Filed by Certain 9th & Rose Investors. (Attachments: #1 Exhibit A) (Connolly, Paul)
February 8, 2011 Opinion or Order Filing 1888 Order settling claim of Merrill Lynch Capital Services, Inc (claims 1381 and 1382). Signed on 2/7/11 by U.S. District Judge Michael R. Hogan. (sln)
February 7, 2011 Filing 1887 Supplement Declaration of John R. Cosgrove in opposition to Final Claim Bar. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
February 7, 2011 Filing 1886 Response to memorandum of the putative class re convenant not to sure; opposition to final claim bar. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
February 7, 2011 Filing 1885 Response to Receiver's reply in regard to proposed unconstitutional claim bar in defiance of the Ninth Circuit's 2008 decision in Heritage Bond Litigation. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
February 7, 2011 Filing 1884 Proposed Form of Order Submitted Settling Claim of Merrill Lynch Capital Services, Inc. [Claims 1381 and 1382]. Filed by Michael Grassmueck. (Zaro, David)
February 7, 2011 Filing 1883 Declaration of Merrilee A. MacLean in Support of Response to Motion to Strike. Filed by Tenants in Common Committee. (Related document(s): Response to Motion, #1882 .) (MacLean, Merrilee)
February 7, 2011 Filing 1882 Response to Motion to Strike TIC Committee's Joinder in SEC Motion for Remedies to Motion to Strike Defendant Harder's FRCP 21 (f) Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies Response to Motion #1836 #1875 . Filed by Tenants in Common Committee. (MacLean, Merrilee)
February 4, 2011 Filing 1881 Response to Order to Show Cause re: Distributions. Filed by Certain Hawthorne Gardens Investors. (Jacoby, Kevin)
February 4, 2011 Filing 1880 Response to Order to Show Cause re: Distributions. Filed by Secured TICs. (Jacoby, Kevin)
February 4, 2011 Filing 1879 Objection(s) , Conditional to Order to Show Cause Re: Distributions. Filed by Robert E Price. (Related document(s): Order,,,,,, 1842 .) (Risken, Patrick)
February 2, 2011 Opinion or Order Filing 1878 Order regarding Motion to Strike Defendant Harder's FRCP 21 (f) Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies Response to Motion #1836 #1875 Oral Argument is set for 2/9/2011 at 10:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
February 1, 2011 Filing 1877 Declaration of Dayna J. Christian in Suppport of Defendant Harder's Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies. Filed by Jon M. Harder. (Related document(s): Motion to Strike #1875 .) (Attachments: #1 Exhibit A - transcript of 4-2-10 hearing) (VanSpeybroeck, David)
February 1, 2011 Filing 1876 Declaration of John R. Cosgrove in support of opposition to final claims bar. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
February 1, 2011 Filing 1875 Motion to Strike Defendant Harder's FRCP 21 (f) Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies Response to Motion #1836 . Filed by Jon M. Harder. (VanSpeybroeck, David)
February 1, 2011 Filing 1874 Joint Memorandum in Support of Receiver's Motion for Approval of Settlement. Filed by Davis Wright Tremaine LLP. (Related document(s): Motion for Settlement, #1591 .) (Keppler, Daniel)
January 31, 2011 Filing 1873 Declaration of Mark P. Fickes in support of SEC Reply Memorandum. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous #1749 .) (Attachments: #1 Exhibit Exhibits A-D) (Fickes, Mark)
January 31, 2011 Filing 1872 Reply Memorandum to Motion for Remedies #1749 Oral Argument requested. Filed by Securities and Exchange Commission. (Fickes, Mark)
January 28, 2011 Filing 1871 Proposed Form of Order Submitted by Receiver Michael A. Grassmueck (1) Approving Settlement and (2) Entering Final Claim Bar Order and Injunction. Filed by Michael Grassmueck. (Walters, Stephen)
January 28, 2011 Filing 1870 Declaration of Daniel L. Keppler in Support of Reply to Support Receiver's Motion for Approval of Settlements with Davis Wright Tremaine LLP, K&L Gates LLP, and Thomson & Knight LLP and for Entry of Final Claim Bar. Filed by Michael Grassmueck. (Related document(s): Reply to Motion, #1868 .) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Walters, Stephen)
January 28, 2011 Filing 1869 Second Declaration of Michael A. Grassmueck to Support Motion to Approve Settlements with (a) Davis Wright Tremaine LLP, (b) K&L Gates LLP; and (c) Thompson & Knight LLP. Filed by Michael Grassmueck. (Related document(s): Reply to Motion, #1868 .) (Attachments: #1 Exhibit Exhibits A-L, #2 Exhibit Exhibits M-Z, #3 Exhibit Exhibits AA, #4 Exhibit Exhibit BB) (Walters, Stephen)
January 28, 2011 Filing 1868 Reply to Support Receiver's to Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars #1591 ORAL ARGUMENT requested. Filed by Michael Grassmueck. (Walters, Stephen)
January 28, 2011 Filing 1865 MANDATE of USCA for the 9th Circuit re Notice of Appeal by Marvin Calhoun #954 . The notice of appeal is dismissed. (sln)
January 27, 2011 Filing 1867 Opposition to Approval of Final Claim Bar Order. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
January 27, 2011 Filing 1866 Stipulated Order re: Elshout's Bluffs at Northwoods, LLC and Kim's Bluffs at Northwoods, LLC's Motion for Relief from Order Pursuant to FRCP 60(b) #1789 . Exhibit A-3, p. 1 to the Order Establishing Allowed Amount of Claims (Docket No. 1761) is amended to reflect that Claims C2825 and C2823 are not allowed because the TIC's retained their interest in the Bluffs in lieu of their MIMO claims. Signed on 1/26/11 by U.S. District Judge Michael R. Hogan. (sln)
January 26, 2011 Opinion or Order Filing 1864 Order from USCA for the 9th Circuit re Notice of Appeal by Marvin Calhoun #954 . We construe Marvin G. Calhouns motions filed on January 17, 2011, as apetition for panel rehearing, and as such, deny it. The mandate shall issue forthwith. No further filings shall be accepted in this closed case. (sln)
January 26, 2011 Filing 1863 Notice of Attorney Withdrawal: and Request for No Further Notice Filed by Zions First National Bank (Kelly, Adam)
January 26, 2011 Filing 1859 Request for No Further Notice. Filed by Bruce Clibborn. (Adams, Ronald)
January 26, 2011 Filing 1858 Motion for Attorney Fees /Fifth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period December 1, 2010 through December 31, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Osias, David)
January 25, 2011 Opinion or Order Filing 1862 ORDER: Denying Secured TICs' Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 #1794 ; Denying Certain Smart Park 3 Investors' Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 #1795 ; Denying Certain Hawthorne Gardens Investors' Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 #1796 ; Denying Law Office of Paul R.J. Connolly, PC's Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 #1797 . Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 1/28/2011 (jw).
January 25, 2011 Opinion or Order Filing 1861 Order staying State Court actions. Signed on 1/25/11 by U.S. District Judge Michael R. Hogan. (sln)
January 25, 2011 Filing 1860 Stipulated Order Releasing any Third Party claims and Secured Creditor Third Party claims as to Bank of Whitman. Signed on 1/25/11 by U.S. District Judge Michael R. Hogan. (sln)
January 25, 2011 Filing 1857 MINUTES of Proceedings: Hearing Held regarding Stipulated Proposed Form of Order filed by Bank of Whitman #1768 , Motion for Reconsideration, #1794 , Motion for Reconsideration, #1795 , Motion for Reconsideration, #1796 , Motion for Reconsideration, #1797 , and Motion for Stay of State Court Actions #1849 . Stipulated Proposed Form of Order filed by Bank of Whitman #1768 to be signed. Proposed Order as to Motion for Stay of State Court Actions #1849 to be signed. Motion for Reconsideration #1794 , Motion for Reconsideration #1795 , Motion for Reconsideration #1796 , and Motion for Reconsideration #1797 are taken under advisement. The Court declines to sign partial judgments requested by Mr. Connolly. Counsel Present: Jonathan Cohen (via telephone), Paul Connolly (via telephone), Kevin Jacoby (via telephone), Albert Kennedy, Merrilee MacLean (via telephone), Teresa Pearson, and David Zaro (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion for Reconsideration #1797 , Motion for Reconsideration #1794 , Motion for Reconsideration #1796 , Motion for Stay #1849 Motion for Reconsideration #1795 , Proposed Order #1768 .) (jw)
January 25, 2011 Filing 1856 Stipulated Proposed Form of Order Submitted Re Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Schleicher, Tara)
January 25, 2011 Filing 1855 Response in Opposition to Motion for Stay of State Court Actions #1849 Oral Argument requested. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
January 25, 2011 Filing 1854 Reply in Support of Objections to Stipulated Order Releasing Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Related document(s): Objection, #1845 .) (Jacoby, Kevin)
January 24, 2011 Filing 1853 Declaration of Teresa H. Pearson in Support of Objections to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Bank of Whitman. (Related document(s): Reply #1852 .) (Pearson, Teresa)
January 24, 2011 Filing 1852 Reply to Objections to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Bank of Whitman. (Related document(s): Objection, #1845 .) (Pearson, Teresa)
January 24, 2011 Filing 1851 Supplement to Motion to Reconsider or Clarify Order Overruling Certain Objections And/or Disallowing Certain Claims on Receivers Motion for Order Establishing Allowed Amounts for Claims. Filed by Certain Hawthorne Gardens Investors. (Related document(s): Motion for Reconsideration, #1796 .) (Attachments: #1 Proposed Document Partial Final Judgment FRCP 54(b)) (Jacoby, Kevin)
January 24, 2011 Filing 1850 Supplement to Motion to Reconsider or Clarify Order Overruling Certain Objections And/or Disallowing Certain Claims on Receivers Motion for Order Establishing Allowed Amounts for Claims. Filed by Secured TICs. (Related document(s): Motion for Reconsideration, #1794 .) (Attachments: #1 Proposed Document Partial Final Judgment) (Jacoby, Kevin)
January 24, 2011 Filing 1849 Motion for Stay of State Court Actions. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order) (Scollan, Francis)
January 21, 2011 Opinion or Order Filing 1848 ORDER: Granting Motion for an Order to Show Cause #1778 . Magnolia's Oaks at Riverstone LLC, Magnolia Ventures, Inc., and David Schreiber (collectively "Magnolia") are found to be in civil contempt of the Court's orders adopting and implementing the Distribution Plan in this matter. Magnolia may purge themselves of the contempt by dismissing with prejudice the action pending in Dallas County, Texas. If the Texas Action has not been dismissed within 10 days of the entry of this Order, Magnolia shall appear before this Court on 2/9/11 for the Court to consider and impose further sanctions to remain in place until their contempt is purged as provided in this Order. Signed on 1/21/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 1/27/2011 (jw).
January 21, 2011 Filing 1847 Declaration of Donald Nelson in Support of Objections to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Related document(s): Objection, #1845 .) (Attachments: #1 Exhibit 1a, #2 Exhibit 1b, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Jacoby, Kevin)
January 21, 2011 Filing 1846 Declaration of Dean Porter in Support of Objections to Stipulated Order Releasing Any Third Party Claims And Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain 9th & Rose Investors. (Related document(s): Objection, #1845 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Connolly, Paul)
January 21, 2011 Filing 1845 Objection(s) to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Related document(s): Proposed Form of Order or Judgment #1768 .) (Jacoby, Kevin)
January 21, 2011 Opinion or Order Filing 1844 ORDER: Granting Law Office of Paul R.J. Connolly, PC's Motion for Extension of Time to file Petition and Statement for Attorney Fees and Cost Bill. #1812 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 20, 2011 Filing 1843 Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period September 1, 2010, through December 31, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Exhibit September 2010 fees invoice, #2 Exhibit October 2010 fees invoice, #3 Exhibit November 2010 fees invoice, #4 Exhibit December 2010 fees invoice, #5 Exhibit invoice for costs September through December 2010, #6 Proposed Order) (Elsaesser, Ford)
January 20, 2011 Opinion or Order Filing 1842 Order to Show Cause regarding distributions: Various matters concerning the settlement of claims against a number of third parties are set for hearing before this Court on February 9, 2011. In addition, there are funds that previously were required to be held back pending various claims objections or transactions, as well as funds that were paid to Stayton and/or the Receiver with regard to unsubscribed rollover equity. Following the Court's rulings on February 9,2011, after rulings on claims for professional fees; claims bars; and other relevant issues regarding said settlements; there will be substantial additional funds available for distribution. Therefore, all parties in interest in the above-related matter are hereby ORDERED TO SHOW CAUSE, if any they have, why this Court should not order that pending approval of said third party settlements, all funds there from available for distribution, as well as all funds released from holdbacks, and funds from sales of TrustCo assets, as well as funds received from Blackstone for the unsubscribed rollover shares, should not be distributed to all parties holding MIMO claims upon which either rollover shares or cash was distributed, including tenants-in-common (TICs), unsecured creditors, noteholders, preferred members and LLC Members who executed the LLC Settlement Member Value Election. Any party having objection to distribution being made in this manner shall file objection no later than February 4, 2011. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 20, 2011 Filing 1841 Notice re Motion for Order to Show Cause, #1778 NOTICE OF FILING PROPOSED ORDER OF CIVIL CONTEMPT AGAINST MAGNOLIA'S OAKS AT RIVERSTONE LLC; MAGNOLIA VENTURES, INC.; AND DAVID SCHREIBER Filed by Michael Grassmueck (Related document(s): Motion for Order to Show Cause, #1778 .) (Attachments: #1 Proposed Order of Civil Contempt Against Magnolia's Oaks at Riverstone LLC; Magnolia Ventures, Inc.; and David Schreiber) (Walters, Stephen)
January 19, 2011 Filing 1840 Declaration of Stephen F. English in Support of Defendant Jon M. Harder's Response to Plaintiff Securities and Exchange Commission's Motion for Remedies. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response to Motion #1837 .) (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-17) (English, Stephen) Modified on 1/24/2011 added linkage to motion #1749 (sln).
January 19, 2011 Filing 1839 Declaration of Jon Harder in Support of Defendant Harder's Response to Plaintiff Securities and Exchange Commission's Motion for Remedies. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response to Motion #1837 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (English, Stephen) Modified on 1/24/2011 added linkage to motion #1749 (sln).
January 19, 2011 Filing 1838 Declaration of Michael J. Esler in Support of Harder Defendants' Response to Plaintiff Securities Exchange Commission's Motion for Remedies. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response to Motion #1837 .) (English, Stephen) Modified on 1/24/2011 - added link to motion 1749 (sln).
January 19, 2011 Filing 1837 Response of Defendant Jon M. Harder and Relief Defendant Kristin Harder to Motion for Remedies #1749 ORAL ARGUMENT requested. Filed by Jon M. Harder, Kristin Harder. (English, Stephen)
January 19, 2011 Filing 1836 Response TIC Committee's Joinder Supporting SEC Request for Remedies from Defendants Jon and Kristin Harder to Motion for Remedies #1749 . Filed by Tenants in Common Committee. (MacLean, Merrilee)
January 19, 2011 Filing 1835 Notice of Filing of First Post-Confirmation Application for Fees and Expenses by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, for Period August 6, 2010 through December 31, 2010 Filed by Bullivant Houser Bailey PC (English, Stephen)
January 19, 2011 Opinion or Order Filing 1834 ORDER: Granting Motion to File Overlength brief in opposition to SEC's Motion for Relief #1831 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 18, 2011 Filing 1833 Withdrawal of Claim No. C2085 Filed by Mary Jane Skalovsky (sln)
January 18, 2011 Filing 1832 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for December 2010 and Request for Approval and Payment of All Outstanding Expenses for the TIC Committee Counsel through December 31, 2010 Filed by Tenants in Common Committee (Attachments: #1 Exhibit A and B) (MacLean, Merrilee)
January 18, 2011 Filing 1831 Unopposed Motion to File Excess Pages in Opposition to SEC's Motion for Relief, Docket No. 1749. Filed by Jon M. Harder, Kristin Harder. (VanSpeybroeck, David)
January 17, 2011 Filing 1830 Response to Motion for Order #1798 . Filed by Marvin Calhoun. (Attachments: #1 Attachment Appellate motion for relief, #2 Exhibit 1-4-11 Letter from SEC, #3 Exhibit 1-11-11 Letter from CP Bank, #4 Exhibit 1-5-11 Letter from Certain HG TIC, #5 Exhibit 1-3-11 Leter from J. Cosgrove, #6 Exhibit 1-5-11 Letter from J. Cosgrove) (Calhoun, Marvin)
January 12, 2011 Filing 1829 MINUTES of Proceedings: Telephone Hearing held regarding Joint Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Texas Litigation, or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and David Schreiber. #1778 Ordered motion is granted. Mr. Walters to submit a proposed order. Stephen Walters present as counsel for receiver. Also present: Joseph Arellano, Thomas Boothe, Ford Elsaesser, Michael Esler, Daniel Keppler, Teresa Pearson, J. Mark Perrin, and Paul Raskin. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw)
January 12, 2011 Opinion or Order Filing 1828 ORDER: Granting Receiver's Motion for Order extending deadline to 2/28/11 for commencing Third Party Claims and Avoidance Actions #1823 . Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
January 12, 2011 Filing 1827 Stipulated Order regarding claims of SMI Group XV, LLC and Sigma Management, Inc. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
January 12, 2011 Opinion or Order Filing 1826 Order Granting Application for Special Admission Pro Hac Vice of Doug Perrin for Magnolia Ventures, Inc. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
January 12, 2011 Opinion or Order Filing 1825 Order Granting Application for Special Admission Pro Hac Vice of J. Mark Perrin for Magnolia Ventures, Inc. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
January 11, 2011 Filing 1824 Stipulation re Response to Motion #1686 , Response to Motion #1688 Regarding Claims of SMI Group XV, LLC and Sigma Management, Inc. by SMI Group XV, LLC, Sigma Management, Inc.. Filed by SMI Group XV, LLC, Sigma Management, Inc.. (Walker, Laura)
January 11, 2011 Filing 1823 Motion of Receiver Michael Grassmueck for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions, Expedited Consideration Requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis N. Scollan, #3 Proposed Order) (Scollan, Francis)
January 11, 2011 Filing 1822 Response Memorandum in Support of Response to Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and Davi #1778 Oral Argument requested. Filed by Magnolia Ventures, Inc.. (Boothe, Thomas)
January 11, 2011 Filing 1821 Motion for Leave to Appear Pro Hac Vice Mark Perrin. Filed by Magnolia Ventures, Inc.. (Boothe, Thomas)
January 11, 2011 Filing 1820 Motion for Leave to Appear Pro Hac Vice Doug Perrin. Filed by Magnolia Ventures, Inc.. (Boothe, Thomas)
January 11, 2011 Filing 1819 Notice of Appearance of Thomas S. Boothe appearing on behalf of Magnolia Ventures, Inc. Filed by on behalf of Magnolia Ventures, Inc. (Boothe, Thomas)
January 11, 2011 Filing 1818 Notice of Transfer of Claim after Proof of Claim Filed (Beal Bank Nevada) (Pearson, Teresa)
January 10, 2011 Filing 1817 Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period October 1, 2010 Through December 31, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
January 10, 2011 Filing 1813 Certificate of Service by Thompson & Knight LLP of Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and Davi #1778 Filed by Thompson & Knight LLP. (Keppler, Daniel)
January 7, 2011 Filing 1812 Motion for Extension of Time to file Petition and Statement for Attorney Fees and Cost Bill. Filed by Law Office of Paul R.J. Connolly, PC. (Jacoby, Kevin)
January 7, 2011 Filing 1811 Declaration of Paul R.J. Connolly in Support of Petition and Statement for Attorney Fees and Cost Bill Submitted by the Law Office of Paul R.J. Connolly's Attorneys For Sunwest Investors/Third Party Claimants. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Motion for Attorney Fees, #1810 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Jacoby, Kevin)
January 7, 2011 Filing 1810 Motion for Attorney Fees Petition and Statement for Attorney Fees and Cost Bill Submitted by the Law Office of Paul R.J. Connolly's Attorneys For Sunwest Investors/Third Party Claimants. Filed by Law Office of Paul R.J. Connolly, PC. (Jacoby, Kevin)
January 7, 2011 Opinion or Order Filing 1809 ORDER: Granting Allen Matkins Leck Gamble Mallory & Natsis LLP's Motion to Withdraw First and Second Post-Confirmation Motions for Approval and Payment of Attorney's Fees to Allen Matkins Leck Gamble Mallory & Natsis LLP #1786 . Ordered Allen Matkins First Post-Confirmation Motion for Attorney Fees #1525 and Second Post-Confirmation Motion for Attorney Fees #1590 are withdrawn. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 7, 2011 Opinion or Order Filing 1808 Order regarding Notice of Final Fee Application of Schnader Harrison Segal & Lewis LLP #1495 was granted by Order #1107 in 09-6074-HO. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 7, 2011 Opinion or Order Filing 1807 ORDER: Motion Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC) #1482 and Amended Motion Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC) #1720 are denied as moot as the motions were ruled on by Order #1864 in 09-6082-HO; Granting Pacific Northwest University of Health Sciences' Motion to Withdraw Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims #1785 . Ordered objections by Pacific Northwest University are moot and the claims are withdrawn. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 7, 2011 Opinion or Order Filing 1806 Order regarding Bluffs at Northwoods Motion for Relief from Order Pursuant to FRCP 60(b) #1789 Oral Argument is set for 1/25/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
January 7, 2011 Opinion or Order Filing 1805 Order regarding Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 #1796 , Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 #1795 , Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 #1794 , Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 #1797 Oral Argument is set for 1/25/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
January 7, 2011 Opinion or Order Filing 1804 ORDER: Granting Certain Smart Park 3 TICs, Certain Smart Park 4 TICs and Certain 9th & Rose TICs Motion for Extension of Time #1793 . Objections to the Proposed Stipulated Order as to Bank of Whitman are due by 4pm on 1/24/11; Ordered Hearing on Proposed Stipulated Order Releasing any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman is reset from 1/12/11 to 1/25/2011 at 01:30PM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 6, 2011 Filing 1816 Declaration of Russell B. Cosgrove in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Cosgrove's Hawthorne Gardens, LLC. (Related document(s): Motion for Order #1798 .) (sln)
January 6, 2011 Filing 1815 Declaration of Edwin Carey in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Cosgrove's Hawthorne Gardens, LLC. (Related document(s): Motion for Order #1798 .) (sln)
January 6, 2011 Filing 1814 Declaration of Samuel Mark Johns in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Cosgrove's Hawthorne Gardens, LLC. (Related document(s): Motion for Order #1798 .) (sln)
January 6, 2011 Filing 1803 Motion for Attorney Fees /Fourth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period November 1, 2010 through November 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Osias, David)
January 5, 2011 Filing 1802 Notice of First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
January 4, 2011 Filing 1797 Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 . Oral Argument requested. Filed by Law Office of Paul R.J. Connolly, PC. (Attachments: #1 Proposed Order) (Jacoby, Kevin)
January 4, 2011 Filing 1796 Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 . Oral Argument requested. Filed by Certain Hawthorne Gardens Investors. (Attachments: #1 Proposed Order) (Jacoby, Kevin)
January 4, 2011 Filing 1795 Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 . Oral Argument requested. Filed by Certain Smart Park 3 Investors. (Attachments: #1 Proposed Order) (Jacoby, Kevin)
January 4, 2011 Filing 1794 Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order #1760 , Order #1761 . Oral Argument requested. Filed by Secured TICs. (Attachments: #1 Proposed Order) (Jacoby, Kevin)
January 3, 2011 Filing 1799 Declaration of Russell B. Cosgrove in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Russell Cosgrove. (Related document(s): Motion for Order #1798 .) (sln) Modified text on 1/6/2011 (jw).
January 3, 2011 Filing 1798 Notice of Motion and Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Russell Cosgrove. (sln)
January 3, 2011 Filing 1793 Motion for Extension of Time TO FILE OBJECTIONS TO STIPULATED ORDER RELEASING ANY THIRD PARTY CLAIMS AND SECURED CREDITOR THIRD PARTY CLAIMS AS TO BANK OF WHITMAN AND MOTION TO RESET JANUARY 12, 2010 HEARING THEREON. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
December 31, 2010 Filing 1792 Declaration of Tara J. Schleicher in Support of Defendants' Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Motion - Miscellaneous #1789 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Schleicher, Tara)
December 31, 2010 Filing 1791 Declaration of Anthony Elshout in Support of Defendants' Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Motion - Miscellaneous #1789 .) (Schleicher, Tara)
December 31, 2010 Filing 1790 Memorandum in Support of Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Motion - Miscellaneous #1789 .) (Schleicher, Tara)
December 31, 2010 Filing 1789 Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Schleicher, Tara)
December 30, 2010 Filing 1788 Motion for Attorney Fees /Revised First and Second Post-Confirmation Application and Third Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Osias, David)
December 30, 2010 Filing 1787 Docketing Letter and Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal by Homesteads at Newtown #1776 . (sln)
December 30, 2010 Filing 1786 Motion to Withdraw First and Second Post-Confirmation Motions for Approval and Payment of Attorney's Fees to Allen Matkins Leck Gamble Mallory & Natsis LLP Motion for Attorney Fees #1590 , Motion for Attorney Fees, #1525 . Filed by Michael Grassmueck. (Osias, David)
December 30, 2010 Filing 1785 Motion to Withdraw Withdrawal of Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims Response in Opposition to Motion #1647 . Filed by Pacific Northwest University of Health Sciences. (Pearson, Teresa)
December 30, 2010 Opinion or Order Filing 1784 Scheduling Order by U.S. District Judge Michael R. Hogan regarding Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures,Inc.; and David Schreiber #1778 , and Stipulated Proposed Order Releasing any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman #1768 Oral Argument is set for 1/12/2011 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045 password 1111, 5 minutes prior to hearing. (sln)
December 30, 2010 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #1776 Case Appealed to Ninth Circuit Case Number 10-36187 assigned. (sln)
December 30, 2010 USCA Appeal Fees re Notice of Appeal by Homesteads at Newtown TICs #1776 : Received Fee in amount of $455. Receipt number 600006064 issued. (sln)
December 29, 2010 Opinion or Order Filing 1783 ORDER: Granting Motion for Order approving Board of Managers of Sunwest Rollover Member LLC #1771 . Signed on 12/29/10 by U.S. District Judge Michael R. Hogan. (sln)
December 29, 2010 Filing 1782 Declaration of David N. Kitner. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, #1778 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Walters, Stephen)
December 29, 2010 Filing 1781 Declaration of Michael A. Grassmueck in Support of Motion for Order to Show Cause Against Magnolia Claimants. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, #1778 .) (Walters, Stephen)
December 29, 2010 Filing 1780 Declaration of Stephen S. Walters in Support of Motion for Order to Show Cause Against Magnolia Claimants. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, #1778 .) (Walters, Stephen)
December 29, 2010 Filing 1779 Memorandum in Support of Joint Motion for Order to Show Cause Why the Court Should Not Issue an Order of Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropraite Relief Against Magnolia's Oaks at Riverstone LLC; Magnolia Ventures, Inc.; and David Schreiber. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, #1778 .) (Walters, Stephen)
December 29, 2010 Filing 1778 Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and David SChreiber. Filed by Michael Grassmueck. (Walters, Stephen)
December 29, 2010 Filing 1777 Representation Statement re Notice of Appeal #1776 . Filed by Homesteads at Newtown TICs, 422 TIC Investor-Owners. (Jacoby, Kevin)
December 29, 2010 Filing 1776 Notice of Appeal to the 9th Circuit from Order, 1709 , Stipulated Order #1690 . Filed by Homesteads at Newtown TICs, 422 TIC Investor-Owners. (Jacoby, Kevin)
December 29, 2010 Opinion or Order Filing 1775 Order regarding SEC's Motion for Remedies from Jon M. Harder and relief defendant Kristin Harder #1749 . Response to the motion is due by 1/19/2011. Reply to the motion is due by 1/31/2011. Oral Argument is reset from 1/25/11 to 2/9/2011 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
December 28, 2010 Opinion or Order Filing 1774 Order regarding SEC's Motion for Remedies from Defendant Jon M. Harder and relief from defendant Kristen Harder #1749 , Oral Argument is set for 1/25/2011 at 11:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
December 28, 2010 Opinion or Order Filing 1773 ORDER: Granting Application for Final Professional Compensation (Tonkon Torp LLP) Filed on Behalf of Thomas F. Biesiadecki #1483 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 28, 2010 Opinion or Order Filing 1772 ORDER: Granting Zions First National Bank Motion to Substitute an Attorney #1767 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 28, 2010 Filing 1771 Motion for Order Approving Board of Managers of Sunwest Rollover Member, LLC. EXPEDITED CONSIDERATION requested. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Zaro, David)
December 27, 2010 Filing 1801 Proof of Claim. Filed by Chaves County Treasurer, Roswell NM. (sln)
December 27, 2010 Filing 1800 Letters to the court regarding settlement. (sln)
December 23, 2010 Filing 1770 Notice re Proposed Form of Order or Judgment #1768 NOTICE OF INTENT TO FILE OBJECTIONS TO STIPULATED ORDER RELEASEING ANY THIRD PARTY CLAIMS AND SECURED CREDITOR THIRD PARTY CLAIMS AS TO BANK OF WHITMAN Filed by Certain Smart Park 3 Investors, Certain 9th & Rose Investors, Certain Smart Park 4 Investors, 422 TIC Investor-Owners (Related document(s): Proposed Form of Order or Judgment #1768 .) (Jacoby, Kevin)
December 22, 2010 Filing 1769 Motion to Withdraw Withdrawal of Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims Response to Motion #1644 . Filed by Bank of Whitman. (Pearson, Teresa)
December 22, 2010 Filing 1768 Stipulated Proposed Form of Order Submitted. Filed by Bank of Whitman. (Pearson, Teresa)
December 22, 2010 Filing 1767 Motion to Withdraw or Substitute an Attorney. Filed by Zions First National Bank. (Baroway, Richard)
December 21, 2010 Opinion or Order Filing 1765 Order clarifying Court's Order 1742 that the approved amount $338,954.92 is payment for Notice of Fee Application for Approval and Payment of Fees of Karr Tuttle Campbell for Counsel for TIC Committee for Period From February, 2009 through August 5, 2010 and Request for Reimbursement of Expenses of TIC Committee Members #1452 and payment of Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for August #1563 and September #1595 not for October 2010 #1708 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 20, 2010 Filing 1764 Notice re Notice #1763 Affidavit Of Gary I. Grenley In Support Of Petition And Statement For Attorney Fees And Cost Bill Submitted By Grenley Attorneys For Sunwest Investors/Third-Party Claimants Filed by Sunwest Investors/Third-Party Claimants (Related document(s): Notice #1763 .) (Attachments: #1 Exhibit Exhibit 1 to Grenley Affidavit, #2 Exhibit Exhibit 2 to Grenley Affidavit) (Grenley, Gary)
December 20, 2010 Filing 1763 Notice Petition And Statement For Attorney Fees And Cost Bill Submitted By Grenley Attorneys for Sunwest Investors/Third-Party Claimants Filed by Sunwest Investors/Third-Party Claimants (Grenley, Gary)
December 17, 2010 Filing 1766 MINUTES of Proceedings: Settlement Conference held on 12/17/2010. U.S. District Judge Michael R. Hogan presiding. (jw)
December 17, 2010 Filing 1762 Request for No Further Notice. Filed by Kelly Cicero, Harry Drought, Thomas Elliott, Marion Foster, Tammie L. Foster, Yvonne Hauck, Joseph Kurka, Michael Smee, Dan Whitaker, Helen Whitaker, Whitaker Family Limited Partnership, John Wilkinson, Richard Wilson, Dolf de Vos, Gay Lin de Vos, Mark de Vos, Pieter de vos. (Carusone, Judson)
December 17, 2010 Opinion or Order Filing 1761 Order granting Receiver's motion for order establishing allowed amounts for claims. Signed on 12/16/10 by U.S. District Judge Michael R. Hogan. (sln)
December 17, 2010 Opinion or Order Filing 1760 Order overruling certain objections and/or disallowing certain claims on receiver's motion for order establishing allowed amounts for claims. Signed on 12/16/10 by U.S. District Judge Michael R. Hogan. (sln)
December 16, 2010 Filing 1759 Notice and First Post-Confirmation Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
December 16, 2010 Filing 1758 Notice and Fourth Post-Confirmation Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
December 16, 2010 Opinion or Order Filing 1757 Order Application for Payment of Compensation of Holdbacks and Previously Denied Compensation Filed by Grove, Mueller & Swank, P.C. #1490 is denied without prejudice to be revisited at the conclusion of the pending litigation in Civil 10-650-HO. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 16, 2010 Opinion or Order Filing 1756 ORDER: Granting Motion for Attorney Fees Second Application for Professional Compensation of Receiver's former Local/Conflicts Counsel Gartland, Nelson, McCleery, Wade & Walloch, P.C. #1420 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $6,130.08. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/21/2010 (jw).
December 16, 2010 Opinion or Order Filing 1755 Order granting Ninth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver and Request for Payment of Holdbacks #1502 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $86,105.09. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 16, 2010 Opinion or Order Filing 1754 Order granting Notice and Final Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC #1462 which contains applications #s 1015, 1083, 1379 & 1443. The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $25,652.50 Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 16, 2010 Opinion or Order Filing 1753 Order granting Application #1421 and Notice of Filing of Final Application for Compensation and Expenses Reimbursement For Billing Statement of Stewart Sokol & Gray, LLC #1439 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $102,108.07. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 15, 2010 Filing 1752 Declaration of Esler in Support of Motion for Remedies. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous #1749 .) (Liftik, Michael)
December 15, 2010 Filing 1751 Declaration of Grassmueck in Support of Motion for Remedies. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous #1749 .) (Attachments: #1 Exhibit 1) (Liftik, Michael)
December 15, 2010 Filing 1750 Memorandum in Support of Motion for Remedies. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous #1749 .) (Liftik, Michael)
December 15, 2010 Filing 1749 Motion for Remedies. Oral Argument requested. Filed by Securities and Exchange Commission. (Liftik, Michael)
December 15, 2010 Filing 1748 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for November 2010 Filed by Tenants in Common Committee (Attachments: #1 Exhibit A and B) (MacLean, Merrilee)
December 14, 2010 Opinion or Order Filing 1747 Order approving Application #1447 and Final Application for Payment of Tax Counsel's Fees (Thornton Byron, LLP) #1459 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $38,757.00 for work to date. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/15/2010 (sln).
December 14, 2010 Opinion or Order Filing 1746 ORDER: Granting Motion Ninth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period July 1, 2010 Through August 5, 2010 #1477 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, Michell Levack $50, Bilegee Zundui-Osor $65, Kathleen Peters $65, Timothy Savich $65, Erin Lane $175, Michele Bradley $135, Katie Larsen $50, Dean Slater $50, Andrew Alldridge $65, Nicole Colmenero $65, Jenna Huffman $65, Cheryl Taylor $65, Heather Crumbaker $65, Anat Levinger $65, Loretta Johnson $65, Colleen Rushton $65, Amal Naik $65, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, to pay 100% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1745 ORDER: Granting Motion for Attorney Fees (Greene & Markley, P.C.) #1478 . Greene & Markley is authorized to apply the retainer to the fees in the amount of $44,793.74. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1744 Order approving Notice and Application for Compensation for Foster Pepper for Hermiston Terrace Assisted Living #1500 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $92,500.00. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/21/2010 (jw).
December 14, 2010 Opinion or Order Filing 1743 Order approving Notice and Application for Compensation and Expenses for Billing Statement of Foster Pepper PLLC for Lone Star Committee #1498 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $162,724.71 for all work to date. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1742 Order approving Notice of Fee Application for Approval and Payment of Fees of Karr Tuttle Campbell for Counsel for TIC Committee for Period From February, 2009 through August 5, 2010 and Request for Reimbursement of Expenses of TIC Committee Members #1452 and Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for October 2010 #1708 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final applications in the amount of $338,954.92. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1741 Order approving Notice of Filing of Billing Statement and 4th Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, #1441 and Final Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust #1485 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $78,453.80. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1740 Order approving Final Interim Application for Compensation and Expenses Reimbursement for Billing Statements of Winston & Cashatt and Stewart, Sokol & Gray, LLC #1455 and Notice of First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period of August 6, 2010 Through September 30, 2010 #1588 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $64,632.75 for Winston & Cashatt and $78,810.75 for Stewart, Sokol & Gray, LLC. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1739 Order approving Final Application for Compensation of 20% Holdback Amounts of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., #1474 which includes Fee Notices #1442 & #1449 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $303,793.70. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2010 Opinion or Order Filing 1738 ORDER: Granting Application for Final Professional Compensation (Tonkon Torp LLP) #1479 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $278,930.70. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 13, 2010 Opinion or Order Filing 1737 Order approving Interim Distribution regarding Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution #1730 . Signed on 12/13/10 by U.S. District Judge Michael R. Hogan. (sln)
December 10, 2010 Filing 1736 MINUTES of Proceedings: Show Cause Hearing held. Motion Hearing Held regarding Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution #1730 . Ordered motion is GRANTED, except as to 3rd party claims, which will be heard at a later date. Counsel present: Richard Anderson (via telephone), David Criswell (via telephone), Albert Kennedy, Robert LaPowsky (via telephone), Merrilee MacLean (via telephone), Teresa Pearson, Francis Scollan (via telephone), and Laura Walker (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion #1730 .) (jw)
December 10, 2010 Filing 1735 Proposed Form of Order Submitted ORDER OVERRULING CERTAIN OBJECTIONS AND/OR DISALLOWING CERTAIN CLAIMS ON RECEIVERS MOTION FOR ORDER ESTABLISHING ALLOWED AMOUNTS FOR CLAIMS. Filed by Michael Grassmueck. (Scollan, Francis)
December 10, 2010 Filing 1734 Proposed Form of Order Submitted Granting Receiver's Motion for Order Establishing Allowed Amounts for Claims. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Scollan, Francis)
December 10, 2010 Filing 1733 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 11/29/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/20/2010. Redaction Request due 1/6/2011. Redacted Transcript Deadline set for 1/13/2011. Release of Transcript Restriction set for 3/14/2011. (Wilhelm, Deb)
December 6, 2010 Opinion or Order Filing 1732 Order regarding Receiver's Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution #1730 Oral Argument is set for 12/10/2010 at 02:00PM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
December 6, 2010 Opinion or Order Filing 1731 ORDER: Granting Final Application Pursuant to Court Order Dated August 10, 2010 for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP #1488 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $665,582.34. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 6, 2010 Filing 1730 Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Receiver Michael Grassmueck, #3 Proposed Order) (Scollan, Francis)
December 6, 2010 Opinion or Order Filing 1729 Scheduling Order by U.S. District Judge Michael R. Hogan. Show Cause Hearing in 09-6082-HO #1840 regarding professional fee applications is reset from 01:30 PM to 02:00 PM on 12/10/2010 in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (jw)
December 3, 2010 Opinion or Order Filing 1728 ORDER: Granting Application for Final Professional Compensation (Luce, Forward, Hamilton & Scripps LLP) #1480 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Darryl Steinhause $450, Daniel Titelbaum $450, Mark Mann $450, Phillip Jelsma $450, Robert Buell $450, Jerome Grossman $450, Jeremy Crickard $380, Diana L. Donabedian $355, Amy Giannamore $345, Kurt Oreshack $285, Kirsten Solberg $275, Cortney L. Scott $260, Logan Fairfax $255 Monique Tayyab $245, Antonia Lopes $100, Michael Andrew $450, Michael A. Isaacs $450, Howard L. Armstrong $380, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, to pay final application of 100% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Opinion or Order Filing 1727 Order Amending Court's Order 1726 to read: Order granting Application for Payment of Attorneys Fees and Expenses for Perkins Coie 1453 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $207,462.50 for all work to date, No further fee petitions will be allowed. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Opinion or Order Filing 1726 Order granting Application for Payment of Attorneys Fees and Expenses for Perkins Coie #1453 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $207,462.50. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Opinion or Order Filing 1725 ORDER: Granting Final Application for Professional Compensation of Larkins Vacura LLP #1470 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $47,500.00. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Opinion or Order Filing 1724 Order granting Application for Payment of Attorney Fees for Stoll Berne filed by David Thurber #1472 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the amount of $17,862.31 full and final payment including all work to date. No further fee applications will be allowed. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Opinion or Order Filing 1723 Order granting Application for Payment of Attorney's Fees (Vanden Bos & Chapman, LLP) #1438 and #1465 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final applications in the amount of $96,837.18. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Opinion or Order Filing 1722 Order granting Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher #1436 and #1467 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $55,412.63. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 3, 2010 Filing 1720 Amended Motion for Attorney Fees (Final Application). Filed by Clyde A. Hamstreet CRO. (Foraker, David)
December 2, 2010 Filing 1721 Stipulated Order setting allowed claim amount of Beal Bank Nevada. Signed on 12/2/10 by U.S. District Judge Michael R. Hogan. (sln)
December 2, 2010 Opinion or Order Filing 1719 Order Amending Court's Order 1718 to read "granting Ogden Murphy Wallace, PLLC's Notice of Filing of Billing Statement and Second Application for Compensation for the Period November 25, 2009 Through July 31, 2010, 1425 and Notice Final Application for Professional Compensation by Ogden Murphy Wallace, PLLC, Counsel for Relief Defendant Kristin Harder #1487 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the amount of $106,900.00, includes $10,000.00 for work in progress. In full satisfaction of any fees and costs for future work. Ordered by U.S. District Judge Michael R. Hogan". Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 2, 2010 Opinion or Order Filing 1718 Order granting Ogden Murphy Wallace, PLLC's Notice of Filing of Billing Statement and Second Application for Compensation for the Period November 25, 2009 Through July 31, 2010, #1425 and Notice Final Application for Professional Compensation by Ogden Murphy Wallace, PLLC, Counsel for Relief Defendant Kristin Harder #1487 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the amount of $106,900.00. In addition the court will pay $10,00.00 for work in progress. In full satisfaction of any fees and costs for future work. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 1, 2010 Filing 1717 Proposed Form of Order Submitted Stipulated Order Setting Allowed Claim Amount of Beal Bank Nevada. (Pearson, Teresa)
December 1, 2010 Opinion or Order Filing 1716 Order regarding Receiver's Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars #1591 Oral Argument is RESET from 2/4/11 to 2/9/2011 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
December 1, 2010 Opinion or Order Filing 1715 Scheduling Order by U.S. District Judge Michael R. Hogan Order vacating Show Cause hearing as to Sterling Bank set for 12/14/10. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 1, 2010 Opinion or Order Filing 1714 Order re: Motion for Order to Show Cause why an Order of Civil Contempt should not be entered against Sterling Savings Bank. Ordered that Sterling shall dismiss the Sterling case against the Fishers with prejudice and without fees or costs to the Fishers within 14 days of entry of this order. Signed on 12/1/10 by U.S. District Judge Michael R. Hogan. (sln)
December 1, 2010 Filing 1711 Notice and Fourth Post-Confirmation Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
December 1, 2010 Opinion or Order Filing 1710 ORDER: Granting Lund's and Stawinski's Motion to Withdraw precautionary objection to Receiver's Motion for order Establishing allowed amounts for claim #1701 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 30, 2010 Opinion or Order Filing 1709 Order denying Homesteads at Newtown TICS Motion For Relief from, or in the Alternative to Amend or Clarify Stipulated Order Releasing Any Third Party Claims and Secured Party Claims as to GE Capital Corporation and GE Financial Services, Inc #1690 #1703 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 30, 2010 Filing 1708 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for October 2010 Filed by Tenants in Common Committee (Attachments: #1 Exhibit A-B) (MacLean, Merrilee)
November 29, 2010 Opinion or Order Filing 1713 Order limiting notice of and granting Motion for Settlement with certain Crown Pointe TIC Investors #1601 . Signed on 11/29/10 by U.S. District Judge Michael R. Hogan. (sln)
November 29, 2010 Opinion or Order Filing 1712 Order limiting notice of and Granting Motion for Settlement with certain Waterford TIC Investors #1601 . Signed on 11/29/10 by U.S. District Judge Michael R. Hogan. (sln)
November 29, 2010 Filing 1707 Notice and First, Second, and Third Post-Confirmation Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
November 29, 2010 Opinion or Order Filing 1706 Scheduling Order by U.S. District Judge Michael R. Hogan regarding the Court's Order to Show Cause in 09-6082-HO #1840 regarding professional fee applications. The deadline for the Responses to the Orders to Show Cause is ADVANCED from 12/10/10 to no later than DECEMBER 7, 2010. Show Cause Hearing is ADVANCED from 12/13/10 to 12/10/2010 at 01:30PM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 29, 2010 Filing 1705 MINUTES of Proceedings: Motion Hearing Held regarding Motion for an Order Establishing Allowed Amounts for Claims #1611 , Motion to Set Aside #1703 , and Motion for Settlement #1601 . Subject to orders issued in court, Motion for an Order Establishing Allowed Amounts for Claims #1611 is GRANTED. Motion for Settlement #1601 is GRANTED as to Waterford, and taken under advisement as to Crown Pointe. Motion to Set Aside #1703 is taken under advisemenet. Counsel present: Richard Anderson, Barry Caplan, Jonathan Cohen, Paul Connolly, Timothy Conway (via telephone), David Criswell (via telephone), Ford Elsaesser (via telephone), Paul George, Brian Greer (via telephone), Barry Groce, George Hollister (via telephone), Kathleen Hopkins (via telephone), Nancy Isserlis (via telephone), Kevin Jacoby, Christine Kosydar (via telephone), Sanford Landress (via telephone), Merrilee MacLean (via telephone), Teresa Pearson, Irina Petrova (via telephone), Erik Quarfordt (via telephone), Patrick Risken (via telephone), Tyler Staggs, Patrick Wade, Laura Walker (via telephone), and David Zaro. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion #1611 , Motion to Set Aside #1703 , Motion for Settlement #1601 .) (jw)
November 27, 2010 Filing 1704 Declaration of Kevin J. Jacoby in Support of Motion for Relief From, or in the Alternative to Amend or Clarify, Stipulated Order as to GE Capital. Filed by Homesteads at Newtown TICs. (Related document(s): Motion to Set Aside, #1703 .) (Attachments: #1 Exhibit 1, #2 Errata 2) (Jacoby, Kevin)
November 27, 2010 Filing 1703 Motion to Set Aside For Relief from, or in the Alternative to Amend or Clarify Stipulated Order Releasing Any Third Party Claims and Secured Party Claims as to GE Capital Stipulated Order #1690 . Oral Argument requested. Filed by Homesteads at Newtown TICs. (Jacoby, Kevin)
November 24, 2010 Filing 1702 Reply Supplement to Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Certain Hawthorne Gardens Investors. (Attachments: #1 Attachment, #2 Attachment) (Connolly, Paul)
November 24, 2010 Filing 1701 Motion to Withdraw Response in Opposition to Motion #1695 . Filed by Victor Lund, Walter Stawinski. (Dean, David)
November 24, 2010 Filing 1700 Reply in Support of and in Response to Objections and Oppositions to Motion for an Order Establishing Allowed Amounts for Claims #1611 ORAL ARGUMENT requested. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Zaro, David)
November 24, 2010 Opinion or Order Filing 1699 Order: Counsel are referred to Order #1840 entered 11/24/2010, in Civil No. 09-6082-HO. Ordered by U.S. District Judge Michael R. Hogan. (cw)
November 24, 2010 Filing 1698 Reply Response to Catha Bank's Objection to to Motion for Settlement and Motion to Limit Notice Thereof #1601 . Filed by Crown Pointe Investors. (Attachments: #1 Exhibit A, #2 Proposed Order) (Jacoby, Kevin)
November 24, 2010 Filing 1697 Request for appearance by telephone for November 29, 2010 at 9:00 a.m. Hearing. Filed by Cathay Bank. (Kosydar, Christine)
November 24, 2010 Filing 1696 Declaration of David E. Dean. Filed by Victor Lund, Walter Stawinski. (Related document(s): Response in Opposition to Motion #1695 .) (Dean, David)
November 24, 2010 Filing 1695 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Victor Lund, Walter Stawinski. (Dean, David)
November 24, 2010 Filing 1694 Reply Response to Cathay Bank's Objection to Motion for Settlement and Motion to Limit Notice Thereof #1601 . Filed by Waterford in Bellevue TIC Investors. (Attachments: #1 Exhibit A, #2 Proposed Order) (Jacoby, Kevin)
November 24, 2010 Filing 1693 Notice of Appearance of Barry P. Caplan appearing on behalf of MTS Health partners, L.P. Filed by on behalf of MTS Health partners, L.P. (Caplan, Barry)
November 24, 2010 Filing 1692 Stipulated Order Concerning Swap Obligations. Signed on 11/23/2010 by U.S. District Judge Michael R. Hogan. (jw)
November 24, 2010 Opinion or Order Filing 1691 Order Setting Allowed Claim Amount of Claims of GE Business Financial Services, Inc. Signed on 11/23/2010 by U.S. District Judge Michael R. Hogan. (jw)
November 24, 2010 Filing 1690 Stipulated Order Releasing any Third Party Claims and Secured Creditor Third Party Claims as to General Electric Capital Corporation and GE Business Financial Services, Inc. Signed on 11/23/2010 by U.S. District Judge Michael R. Hogan. (jw)
November 23, 2010 Filing 1689 Affidavit in Opposition Declaration of Laura J. Walker to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Sigma Management, Inc.. (Walker, Laura)
November 23, 2010 Filing 1688 Response Objection of Sigma Management, Inc. to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Sigma Management, Inc.. (Walker, Laura)
November 23, 2010 Filing 1687 Affidavit in Opposition Declaration of Laura J..Walker to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by SMI Group XV, LLC. (Walker, Laura) Modified filer on 12/1/2010 (sln).
November 23, 2010 Filing 1686 Response Objection of SMI Group XV, LLC to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by SMI Group XV, LLC. (Walker, Laura) Modified filer on 12/1/2010 (sln).
November 23, 2010 Filing 1685 Response to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Margo Brooke Chilles, Karen Blake Davies, Michael DeShane, Joe E. Nielsen, Scott C. Nielsen, Erin L. Reamer. (George, Paul)
November 23, 2010 Filing 1684 Declaration of Jay Andrew Shiland. Filed by MTS Health partners, L.P.. (Related document(s): Response in Opposition to Motion #1683 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Caplan, Barry)
November 23, 2010 Filing 1683 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by MTS Health partners, L.P.. (Caplan, Barry)
November 23, 2010 Filing 1682 Response to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Vestin Fund III, LLC, Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc.. (George, Paul)
November 23, 2010 Filing 1681 Response to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Sovereign Bank. (George, Paul)
November 23, 2010 Opinion or Order Filing 1680 Order regarding Crown Pointe and Waterford TIC Investors' Motion for Settlement and Motion to Limit Notice Thereof #1601 Oral Argument is set for 11/29/2010 at 09:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
November 23, 2010 Opinion or Order Filing 1679 ORDER: Granting Sterling Savings Bank's Motion to Withdraw Precautionary Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims Objection #1678 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 23, 2010 Filing 1678 Motion to Withdraw Precautionary Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims Objection #1628 . Filed by Sterling Savings Bank. (Landress, Sanford)
November 23, 2010 Filing 1677 Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Russell Cosgrove. (sln)
November 23, 2010 Opinion or Order Filing 1676 Order of mediation - the matter of Sherri Corum v. Roswell Senior Living, LLC (New Mexico Santa Fe County Case No. CV-07-1307) is order to mediation before Judge Lyle Velure to be conducted within 90 days of the date of this order. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
November 23, 2010 Opinion or Order Filing 1675 ORDER: Granting Receiver's Motion further extending deadline to 1/15/2011 for commencing third party claims and avoidance actions #1663 . Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
November 23, 2010 Filing 1674 Declaration of Patrick W. Wade. Filed by Ala Lani Assisted Living LLC. (Related document(s): Motion - Miscellaneous, #1611 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Wade, Patrick)
November 23, 2010 Filing 1672 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Ala Lani Assisted Living LLC. (Wade, Patrick)
November 22, 2010 Opinion or Order Filing 1673 Order setting allowed claim amount of American Strategic Income Portfolio Inc.-III. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
November 22, 2010 Opinion or Order Filing 1671 Order setting allowed claim amount of U.S. Bank National Association. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
November 22, 2010 Opinion or Order Filing 1670 ORDER: Granting MTS Health Partners, LP's Motion for Extension of Time to 11/23/10 to File Response to motion for order establishing amounts for claims. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 22, 2010 Filing 1669 Sur-Reply to Sterling Bank's Response Oral Argument requested. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
November 22, 2010 Filing 1668 Declaration of Walter Swearingen in Support of Objection of Merrill Lynch Capital Services, Inc. to Receiver's Motion for Order Establishing Allowed Amounts for Claims. Filed by Merrill Lynch Capital Services, Inc.. (Related document(s): Response to Motion #1667 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Groce, Barry)
November 22, 2010 Filing 1667 Response Objection of Merrill Lynch Capital Services, Inc. to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Merrill Lynch Capital Services, Inc.. (Groce, Barry)
November 22, 2010 Opinion or Order Filing 1666 Scheduling Order by U.S. District Judge Michael R. Hogan. Show Cause Hearing is reset on 12/14/2010 from in person to by Telephone at 09:45AM before U.S. District Judge Michael R. Hogan. The court will initiate the call to attorneys Robert Vanden Bos and Leslie Weatherhead. Any other attorney wishing to participate in the Telephone Show Cause hearing will need to contact Jill Wright at 541-431-4103 to be added to the list. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 22, 2010 Opinion or Order Filing 1665 ORDER: Granting Motion for an Order to Show Cause #1584 . Show Cause Hearing is set for 12/14/2010 at 11:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Signed on 10/25/10 by U.S. District Judge Michael R. Hogan. (sln)
November 22, 2010 Filing 1664 Memorandum in Support Motion for Extension of Time to Commence Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Related document(s): Motion for Extension of Time, #1663 .) (Zaro, David)
November 22, 2010 Filing 1663 Motion for Extension of Time to Commence Third Party Claims and Avoidance Actions. EXPEDITED HEARING REQUESTED requested. Filed by Michael Grassmueck. (Attachments: #1 Attachment Declaration in Support of Application, #2 Proposed Order) (Zaro, David)
November 22, 2010 Filing 1661 Amended Order regarding Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars #1591 Oral Argument is set for 2/4/2011 (not 2/4/10) at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
November 22, 2010 Opinion or Order Filing 1660 Order regarding Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars #1591 Oral Argument is set for 2/4/2010 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
November 19, 2010 Opinion or Order Filing 1659 ORDER: Granting Motion for Attorney Fees Tenth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Counsel to the Receiver for the Period May 1, 2010 through June 30, 2010 #1385 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus 71.4 hours for Travel and hours not allowed time at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, Anton Hasenkampf $150, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 19, 2010 Opinion or Order Filing 1658 Order vacating the Show Cause hearing set November 23, 2010 as to Rex Alan Lowe and his client Buena Vista Management, LLC as the parties have executed the Operations Transfer Agreement. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 19, 2010 Filing 1657 Notice Receiver Michael Grassmueck's Application for Order of Mediation (Memorandum of Points and Authorities and Proposed Order Filed Concurrently) Filed by Michael Grassmueck (Attachments: #1 Attachment, #2 Proposed Order) (Scollan, Francis)
November 18, 2010 Filing 1662 Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Mary Jane Skalovsky. (sln)
November 18, 2010 Filing 1656 Declaration of Paul R.J. Connolly In Support of Certain HG Investors' Objection to Receiver's Motion for an Order Establishing Allowed Claim Amounts. Filed by Certain Hawthorne Gardens Investors. (Related document(s): Response to Motion #1655 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 Part 1, #7 Exhibit 6 Part 2, #8 Exhibit 6 Part 3) (Malstrom, Tyler)
November 18, 2010 Filing 1655 Response Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Certain Hawthorne Gardens Investors. (Malstrom, Tyler)
November 18, 2010 Filing 1654 Declaration of Paul R.J. Connolly In Support of Claimant's Objection to Receiver's Proposed Denial of Administrative Claims. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Response to Motion, #1648 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 Part 1, #5 Exhibit 4 Part 2) (Malstrom, Tyler)
November 18, 2010 Filing 1653 Declaration of Paul R.J. Connolly in Support of Secured TICs' Objection to Receiver's Motion for an Order Establishing Allowed Claim Amounts. Filed by Secured TICs. (Related document(s): Response to Motion #1650 .) (Attachments: #1 Attachment PRJC Auth Decl, #2 Attachment Henvy Declaration, #3 Attachment Grabenhorst Declaration, #4 Attachment Motion for Relief from Stay, #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 14 Part 1, #19 Exhibit 14 Part 2) (Connolly, Paul)
November 18, 2010 Filing 1652 Declaration of Paul R.J Connolly in Support of Certain SP3 Investors' Objection to Receiver's Motion for an Order Establishing Allowed Claim Amounts. Filed by Certain Smart Park 3 Investors. (Related document(s): Response to Motion #1643 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit Part 1, #4 Exhibit Part 2, #5 Exhibit Part 3, #6 Exhibit Part 4, #7 Exhibit Part 1, #8 Exhibit Part 2, #9 Exhibit Part 3, #10 Exhibit Part 4) (Connolly, Paul)
November 18, 2010 Filing 1651 Response in Opposition By Rabobank, as successor-in-interest to Butte Community Bank, to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Butte Community Bank. (Kosydar, Christine)
November 18, 2010 Filing 1650 Response Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Secured TICs. (Connolly, Paul)
November 18, 2010 Filing 1649 Response Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Certain Hawthorne Gardens Investors. (Jacoby, Kevin)
November 18, 2010 Filing 1648 Response Claimant's Objection to Receiver's Proposed Denial of Administrative Claims to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Law Office of Paul R.J. Connolly, PC. (Malstrom, Tyler)
November 18, 2010 Filing 1647 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Pacific Northwest University of Health Sciences. (Pearson, Teresa)
November 18, 2010 Filing 1646 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by JPMorgan Chase Bank, National Association. (Cohen, Jonathan)
November 18, 2010 Filing 1645 Motion for Extension of Time to File a Response/Reply to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by MTS Health partners, L.P.. (Sargent, Brandy)
November 18, 2010 Filing 1644 Response to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Bank of Whitman. (Pearson, Teresa)
November 18, 2010 Filing 1643 Response Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Certain Smart Park 3 Investors. (Connolly, Paul)
November 18, 2010 Filing 1642 Response in Opposition for Beal Bank Nevada to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. (Pearson, Teresa)
November 18, 2010 Opinion or Order Filing 1641 ORDER: Approving Sale pursuant to Terms of bare Land Election and limiting notice thereof (Chaparral Heights) Signed on 11/16/10 by U.S. District Judge Michael R. Hogan. (sln)
November 18, 2010 Opinion or Order Filing 1640 ORDER: Approving Sale pursuant to Terms of bare Land Election and Limiting notice thereof (Broomfield) Signed on 11/16/10 by U.S. District Judge Michael R. Hogan. (sln)
November 18, 2010 Filing 1639 Response in Opposition Lender's Objection to Receiver's Motion Establishing Allowed Amount of Claim for Cambridge Court Loan (Claim No. C5391) to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Centerline Servicing, Inc.. (Attachments: #1 Attachment Declaration of Christine A. Kosydar, #2 Exhibit No. 1 - Docket No. 1478, Case No. 09-6082, #3 Exhibit No. 2 - September 29, 2010 Letter) (Kosydar, Christine)
November 18, 2010 Filing 1638 Stipulated Proposed Form of Order Submitted Order Setting Allowed Claim Amount of American Strategic Income Portfolio Inc.-III. (Pearson, Teresa)
November 18, 2010 Filing 1637 Stipulated Proposed Form of Order Submitted Order Setting Claim Amount of U.S. Bank National Association. Filed by U.S. Bank National Association. (Pearson, Teresa)
November 18, 2010 Filing 1636 Declaration of Brian M. Born. Filed by National City Commercial Capital Company, LLC. (Related document(s): Response to Motion #1635 .) (Attachments: #1 Exhibit "A": Consent Form) (Born, Brian)
November 18, 2010 Filing 1635 Response to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by National City Commercial Capital Company, LLC. (Born, Brian)
November 18, 2010 Opinion or Order Filing 1634 Order: Rex Alan Lowe and his client Buena Vista Management, LLC are ordered to appear in person in Judge Hogan's Chambers on the 5th Floor of the U.S. Courthouse, Eugene, Oregon on Tuesday November 23, 2010 at 10am and Show Cause why they will not execute the Operations Transfer Agreement as submitted on November 8, 2010 and cooperate with the transfer of the Crown Pointe facility on December 1, 2010 in accordance with the previously court approved sale. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 18, 2010 Filing 1633 Declaration of James F. Topliff Re: Objection to Receiver's Motion for Order Establishing Allowed Amounts of Claims. Filed by Robert E Price. (Related document(s): Motion - Miscellaneous, #1611 .) (Risken, Patrick)
November 18, 2010 Filing 1632 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Robert E Price. (Risken, Patrick)
November 18, 2010 Filing 1631 Response to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Washington Trust Bank. (Anderson, Richard)
November 18, 2010 Filing 1630 Declaration of Paul R.J. Connolly in Support of Objection to Motion for an Order Establishing Allowed Amounts for Claims. Filed by Certain TIC Investor Claimants. (Related document(s): Response to Motion #1627 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Connolly, Paul)
November 18, 2010 Filing 1629 Declaration of Sanford R. Landress in Support of Sterling Savings Bank's Precautionary Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims. Filed by Sterling Savings Bank. (Related document(s): Objection #1628 .) (Attachments: #1 Exhibit Emails, #2 Exhibit Payment History) (Landress, Sanford)
November 18, 2010 Filing 1628 Objection(s) (Precautionary) to Receiver's Motion for Order Establishing Allowed Amounts for Claims. Filed by Sterling Savings Bank. (Related document(s): Motion - Miscellaneous, #1611 .) (Landress, Sanford)
November 18, 2010 Filing 1627 Response Objection to Motion for an Order Establishing Allowed Amounts for Claims #1611 . Filed by Certain TIC Investor Claimants. (Connolly, Paul)
November 18, 2010 Filing 1626 Response in Opposition to Motion to Approve Settlement with Certain Crown Pointe and Waterford TIC Investors and Motion to Limit Notice Thereof Filed by CertainI Crown Pointe Waterford TIC Investors to Motion for Settlement and Motion to Limit Notice Thereof #1601 . Filed by Cathay Bank. (Kosydar, Christine)
November 18, 2010 Filing 1625 Notice of Attorney Substitution:Attorney CHRISTINE A. KOSYDAR is substituted as counsel of record in place of Attorney Dale H. SchofieldFiled by Cathay Bank (Kosydar, Christine)
November 18, 2010 Filing 1624 Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by Grove, Mueller & Swank, P.C.. (Knapp, Michael)
November 18, 2010 Filing 1623 Request for No Further Service-Melissa Seifer Briggs. Filed by Kuebler Land Investors, LLC. (Hoyt, Mark)
November 17, 2010 Filing 1622 Notice of Appearance of Brian M. Born appearing on behalf of National City Commercial Capital Company, LLC Filed by on behalf of National City Commercial Capital Company, LLC (Born, Brian)
November 17, 2010 Filing 1621 Response Objection of Certain Secured Creditors including those listed below and American Strategic Income Portfolio Inc.-III to Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument requested. Filed by GE Business Financial Services, Inc, Matrix Advisors IV, LLC, U.S. Bank National Association. (Pearson, Teresa)
November 17, 2010 Filing 1620 Notice re Motion - Miscellaneous #1596 Evidence of Receiver's Consent to Sign Order Approving Sale Filed by Electing Broomfield TIC Investors (Related document(s): Motion - Miscellaneous #1596 .) (Attachments: #1 Attachment Correspondence from Receiver's counsel) (Connolly, Paul)
November 17, 2010 Filing 1619 Notice re Motion - Miscellaneous #1602 Evidence of Receiver's Consent to Sign Order Approving Sale Filed by Chaparral Heights TIC Investors (Related document(s): Motion - Miscellaneous #1602 .) (Attachments: #1 Attachment Correspondence from Receiver's counsel) (Connolly, Paul)
November 16, 2010 Filing 1618 Notice and Third Post-Confirmation Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
November 16, 2010 Filing 1617 Notice and Third Post-Confirmation Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
November 15, 2010 Filing 1616 Notice and Second Post-Confirmation Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Blackhurst, Steven)
November 15, 2010 Opinion or Order Filing 1615 Order regarding Receiver's Motion for an Order Establishing Allowed Amounts for Claims #1611 Oral Argument is set for 11/29/2010 at 09:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
November 12, 2010 Filing 1614 Notice re Motion - Miscellaneous, #1611 NOTICE OF SETTING OF HEARING DATE ON MOTION FOR ORDER ESTABLISHING ALLOWED AMOUNTS FOR CLAIMS Filed by Michael Grassmueck (Related document(s): Motion - Miscellaneous, #1611 .) (Scollan, Francis)
November 12, 2010 Filing 1613 Notice of Filing of First Post Confirmation Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Orders Filed by David Thurber (Berman, Steven)
November 11, 2010 Filing 1612 Notice of First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period August 6, 2010, through August 31, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re Experience Level, #2 Exhibit Itemized Fees and Expenses, #3 Proposed Order) (Elsaesser, Ford)
November 10, 2010 Filing 1611 Motion for an Order Establishing Allowed Amounts for Claims. ORAL ARGUMENT requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities In Support of Motion, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Declaration of Receiver Michael A. Grassmueck) (Scollan, Francis)
November 10, 2010 Filing 1610 Response in Opposition TIC COMMITTEE'S OBJECTION TO REQUEST FOR A "TRANSACTION FEE" OF THREE MILLION DOLLARS to Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC) #1482 . Filed by Tenants in Common Committee. (Attachments: #1 Exhibit A) (MacLean, Merrilee)
November 10, 2010 Filing 1609 Response TIC COMMITTEE'S GENERAL RESPONSE TO FINAL FEE APPLICATIONS OF PROFESSIONALS to Motion Application for Final Professional Compensation (Luce, Forward, Hamilton & Scripps LLP) #1480 , Motion for Attorney Fees /First Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver #1525 , Motion Ninth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period July 1, 2010 Through August 5, 2010 #1477 , Motion for Attorney Fees /Final Application Pursuant to Court Order Dated August 10, 2010 for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, and Proposed Budget for Re #1488 , Motion Final Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver, Michael A. Grassmueck, During the Period April 21, 2009 Through April 30, 2010 #1470 , Final Motion for Attorney Fees (Greene & Markley, P.C.) #1478 , Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC) #1482 , Motion Application for Final Professional Compensation (Tonkon Torp LLP) #1479 , Motion Application for Final Professional Compensation (Tonkon Torp LLP) Filed on Behalf of Thomas F. Biesiadecki #1483 . Filed by Tenants in Common Committee. (MacLean, Merrilee)
November 10, 2010 Opinion or Order Filing 1608 Order. Hearing on anticipated motions is set for 11/23/2010 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. The court will initiate the telephone conference call. (cw)
November 8, 2010 Filing 1607 Declaration of Leslie R. Weatherhead Re: Response to Fisher's Motion for Order to Show Cause. Filed by Sterling Savings Bank. (Related document(s): Reply to Motion #1606 .) (Attachments: #1 Attachment A) (Weatherhead, Leslie)
November 8, 2010 Filing 1606 Reply to Motion for Order to Show Cause and Memorandum in Support #1584 . Filed by Sterling Savings Bank. (Weatherhead, Leslie)
November 8, 2010 Opinion or Order Filing 1605 ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion for Order to Show Cause and Memorandum in Support #1584 filed by Darryl E. Fisher. Response is due by 11/8/2010. Ordered by U.S. District Judge Michael R. Hogan. (jw)
November 5, 2010 Filing 1604 Memorandum in Support of Unopposed Motion for Extension of Time to File a Response to Fisher's Motion for Order to Show Cause. Filed by Sterling Savings Bank. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #1603 .) (Weatherhead, Leslie)
November 5, 2010 Filing 1603 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Order to Show Cause and Memorandum in Support #1584 . Filed by Sterling Savings Bank. (Weatherhead, Leslie)
November 5, 2010 Filing 1602 Motion to Approve Sale (Chaparral Heights). Filed by Chaparral Heights TIC Investors. (Attachments: #1 Exhibit Order Approving Sale) (Connolly, Paul)
November 5, 2010 Filing 1601 Motion for Settlement and Motion to Limit Notice Thereof. Filed by Certain Crown Pointe and Waterford TIC Investors. (Attachments: #1 Exhibit Order Granting Motion) (Connolly, Paul)
November 5, 2010 Opinion or Order Filing 1600 Order setting allowed claim amount of PremierWest Bank. Signed on 11/5/10 by U.S. District Judge Michael R. Hogan. (sln)
November 5, 2010 Opinion or Order Filing 1599 Order setting allowed claim amount of Yellowstone Bank. Signed on 11/5/10 by U.S. District Judge Michael R. Hogan. (sln)
November 5, 2010 Filing 1598 Proposed Form of Order Submitted Setting Allowed Claim Amount of Yellowstone Bank. Filed by Michael Grassmueck. (Attachments: #1 Proof of Service) (Zaro, David)
November 5, 2010 Filing 1597 Proposed Form of Order Submitted Setting Allowed Claim Amount of PremierWest Bank. Filed by Michael Grassmueck. (Attachments: #1 Proof of Service) (Zaro, David)
November 3, 2010 Filing 1596 Amended Motion to Approve Sale (Broomfield). Filed by Electing Broomfield TIC Investors. (Attachments: #1 Exhibit Order Approving Sale) (Connolly, Paul)
November 3, 2010 Filing 1595 Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for September 2010 and Request for Reimbursement of Committee Expenses Filed by Tenants in Common Committee (Attachments: #1 Exhibit A - C) (MacLean, Merrilee)
November 2, 2010 Filing 1594 Supplement - Errata to Motion for Approval of Settlements with Davis Wright Tremaine LLP, K&L Gates LLP, and Thompson & Knight LLP, and for Entry of Final Claims Bars. Filed by Michael Grassmueck. (Related document(s): Motion for Settlement, #1591 .) (Walters, Stephen)
November 1, 2010 Filing 1593 Declaration of Receiver Michael A. Grassmueck in Support of Motion for Approval of Settlements with Davis Wright Tremaine LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars. Filed by Michael Grassmueck. (Related document(s): Motion for Settlement, #1591 .) (Walters, Stephen)
November 1, 2010 Filing 1592 Memorandum in Support of Receiver Michael A. Grassmueck's Motion for Approval of Settlements with Davis Wright Tremaine LLP, K&L Gates LLP, and Thompson & Knight LLP, and for Entry of Final Claims Bars. Filed by Michael Grassmueck. (Related document(s): Motion for Settlement, #1591 .) (Walters, Stephen)
November 1, 2010 Filing 1591 Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Walters, Stephen)
November 1, 2010 Filing 1590 Motion for Attorney Fees /Second Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver. Filed by Michael Grassmueck. (Osias, David)
October 29, 2010 Filing 1589 Notice and First Post-Confirmation Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Blackhurst, Steven)
October 26, 2010 Filing 1588 Notice of First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period of August 6, 2010 Through September 30, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
October 25, 2010 Filing 1587 Motion to Approve Sale and Limit Notice Thereof (Broomfield). Filed by Electing Broomfield TIC Investors. (Attachments: #1 Exhibit Order Approving Sale (Broomfield)) (Connolly, Paul)
October 25, 2010 Filing 1586 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Approve Interim Budget to Respond to the SEC's Pre-Mediation Demand for Information #1564 . Ordered motion is DENIED. Counsel present for plaintiffs: Mark Fickes and Michael Liftik. Counsel present for defendants: Dayna Christian. Other counsel present: Ford Elsaesser and Merrilee MacLean. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion #1564 .) (jw)
October 22, 2010 Filing 1585 Declaration of Robert J Vanden Bos. Filed by Darryl E. Fisher. (Related document(s): Motion for Order to Show Cause #1584 .) (Vanden Bos, Robert)
October 22, 2010 Filing 1584 Motion for Order to Show Cause and Memorandum in Support. Oral Argument requested. Filed by Darryl E. Fisher. (Attachments: #1 Proposed Document Order to Show Cause) (Vanden Bos, Robert)
October 20, 2010 Opinion or Order Filing 1582 ORDER Disallowing Claims and Disapproving Post-Confirmation Budgets. This Court has previously ordered that all parties seeking compensation from the substantially consolidated estate, as well as seeking compensation for post-confirmation services, submit their final applications and post-confirmation budgets to the Court's 706 expert, Bettina Whyte, who has been charged with the duty to review and make recommendations with regard to such compensation requests. To the extent any parties seeking compensation have not complied with the software conversion request of the 706 expert, it is hereby ordered that any compensation sought and any approval sought for post-confirmation budgets are hereby disallowed and disapproved, without prejudice. This order shall be suspended with regard to any parties who comply with the request of the 706 expert by October 29, 2010, or who make satisfactory arrangements with such expert to do so. Otherwise, this order shall remain in effect pending further review of the matter by the Court. These firms appear to include the following: Brown Hoffmeister, Foster Pepper, Greenburg Traurig, Grove Mueller, Haglund Kelley, Lane Powell, Luce Forward, McEwen Gisvold, Moss Adams, Patient Care/SAK Management, Receiver Blake Fail, and Scharff, Gary. Ordered by U.S. District Judge Michael R. Hogan. (jw)
October 19, 2010 Opinion or Order Filing 1583 Order from USCA for the 9th Circuit re Notice of Appeal #1423 - Appellants' motion for voluntary dismissal of this appeal is granted.. (sln)
October 19, 2010 Opinion or Order Filing 1581 Order regarding Defendants Jon Harder and Kristin Harder's Motion to Approve Interim Budget to Respond to the SEC's Pre-Mediation Demand for Information #1564 , Oral Argument is set for Monday 10/25/2010 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline at 541-431-4045 password 1111# (5 minutes) prior to the hearing. (sln)
October 18, 2010 Filing 1580 Notice re Notice #1547 Withdrawal of Notice of Intent to Mediate Filed by Riverview Community Bank (Related document(s): Notice #1547 .) (Potter, John)
October 15, 2010 Filing 1579 Notice re Notice, #1542 Withdrawal of Notice of Intent to Attend Mediation Filed by Kelly Cicero, Conifer Plaza, LLC, Harry Drought, Thomas Elliott, Marion Foster, Tammie L. Foster, Yvonne Hauck, Joseph Kurka, Rock Creek, LLC, Michael Smee, Dan Whitaker, Helen Whitaker, Whitaker Family Limited Partnership, John Wilkinson, Richard Wilson, Dolf de Vos, Gay Lin de Vos, Mark de Vos, Pieter de vos (Related document(s): Notice, #1542 .) (Carusone, Judson)
October 14, 2010 Opinion or Order Filing 1578 ORDER: Granting Receiver's Motion for Order Extending Deadline to 11/30/10 for Commencing Third Party Claims and Avoidance Actions #1546 . Signed on 10/14/2010 by U.S. District Judge Michael R. Hogan. (jw)
October 14, 2010 Filing 1577 Notice and Second Post-Confirmation Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
October 14, 2010 Filing 1576 Notice and Second Post-Confirmation Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
October 14, 2010 Filing 1575 Request for No Further Service. Filed by Federal National Mortgage Association. (Thomas, Jeanette)
October 14, 2010 Opinion or Order Filing 1574 Order - The deadline for filing objections to final applications for compensation of fees and expenses 1427 is extended from October 15, 2010 #1504 to November 15, 2010. Ordered by U.S. District Judge Michael R. Hogan. (jw)
October 13, 2010 Filing 1573 Notice re Order, #1522 of Intent to Attend Mediation Filed by Sovereign Bank (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1572 Notice re Order, #1522 of Intent to Attend Mediation (Vestin Realty Mortgage I, Inc., Vestin Realty Mortgage II, Inc., and Vestin Fund III) Filed by Vestin Fund III, LLC, Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc. (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1571 Notice re Order, #1522 of Intent to Attend Mediation Filed by Michael DeShane (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1570 Notice re Order, #1522 of Intent to Attend Mediation Filed by Scott C. Nielsen (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1569 Notice re Order, #1522 of Intent to Attend Mediation Filed by Joe E. Nielsen (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1568 Notice re Order, #1522 of Intent to Attend Mediation (William J. Blake) (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1567 Notice re Order, #1522 of Intent to Attend Mediation Filed by Margo Brooke Chilles (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1566 Notice re Order, #1522 of Intent to Attend Mediation Filed by Karen Blake Davies (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1565 Notice re Order, #1522 of Intent to Attend Mediation Filed by Erin L. Reamer (Related document(s): Order, #1522 .) (George, Paul)
October 13, 2010 Filing 1564 Motion to Approve Interim Budget to Respond to the SEC's Pre-Mediation Demand for Information. Oral Argument requested. Filed by Jon M. Harder, Kristin Harder. (English, Stephen)
October 13, 2010 Filing 1563 Notice of Filing Post-Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for August 2010 and Request for Reimbursement of Committee Expenses Filed by Tenants in Common Committee (Attachments: #1 Exhibit A - C) (MacLean, Merrilee)
October 12, 2010 Filing 1562 Response on Receiver Objections and Notice of Intent to Enforce Settlement. Filed by Hermiston Assisted Living LLC. (Jackson, Dillon)
October 12, 2010 Filing 1561 Notice re Order, #1522 of Intent to Attend Mediation Filed by Robert E Price (Related document(s): Order, #1522 .) (Risken, Patrick)
October 11, 2010 Filing 1560 Notice of Intent to Attend Mediation (Schleicher, Tara)
October 11, 2010 Filing 1559 Notice of Intent to Attend Mediation Filed by John T Flaxel, Joy C Flaxel (Schleicher, Tara)
October 11, 2010 Filing 1558 Notice Of Intent to Attend Mediation Filed by Grove, Mueller & Swank, P.C. (Knapp, Michael)
October 11, 2010 Filing 1557 Notice of Intent to Attend Mediation Filed by Proof of Claim Investors (Attachments: #1 Exhibit) (Dean, David)
October 11, 2010 Filing 1556 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Bank of Whitman (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 11, 2010 Filing 1555 Notice re Order, #1522 Intent to Attend Mediation Filed by Ala Lani Assisted Living LLC (Related document(s): Order, #1522 .) (Wade, Patrick)
October 11, 2010 Filing 1554 Notice of Intent to Attend Mediation Filed by JPMorgan Chase Bank, National Association (Cohen, Jonathan)
October 11, 2010 Filing 1553 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Matrix Advisors IV, LLC (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 11, 2010 Filing 1552 Notice re Order, #1522 Notice of Intent to Attend Mediation and Notice of Disputes to be Mediated Filed by 422 TIC Investor-Owners (Related document(s): Order, #1522 .) (Connolly, Paul)
October 10, 2010 Filing 1551 Notice of Intent to Attend Mediation filed by Albany Specialty Care Investors, LLC (Ross, Kenneth)
October 8, 2010 Opinion or Order Filing 1550 Order setting procedures to obtain court approval of settlement. Hearing on the Receiver's Settlement Approval Motion with K&L Gates LLP shall take place on 2/4/11 at 10am in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Signed on 10/8/10 by U.S. District Judge Michael R. Hogan. (sln)
October 8, 2010 Opinion or Order Filing 1549 Order setting procedures to obtain court approval of settlement. Hearing on the Receiver's Settlement Approval Motion with Thompson & Knight LLP shall take place on 2/4/11 at 10am in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Signed on 10/8/10 by U.S. District Judge Michael R. Hogan. (sln)
October 8, 2010 Opinion or Order Filing 1548 Order setting procedures to obtain court approval of settlement. Hearing on the Receiver's Settlement Approval Motion with Davis Wright Tremaine LLP shall take place on 2/4/11 at 10am in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Signed on 10/8/10 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 10/8/2010 (sln).
October 8, 2010 Filing 1547 Notice of Intent to Mediate Filed by Riverview Community Bank (Potter, John)
October 8, 2010 Filing 1546 Motion Receiver Michael Grassmueck's Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions; Expedited Hearing Requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis Scollan, #3 Proposed Order) (Scollan, Francis)
October 8, 2010 Filing 1545 Amended Memorandum in Support of Motion for Order Setting Procedures for Approval of Settlement with Thompson & Knight LLP (DOCKET 1540). Filed by Michael Grassmueck. (Scollan, Francis)
October 8, 2010 Opinion or Order Filing 1544 Order - parties participating in the mediations set in this matter for October 18 through 20, 2010 are directed to submit mediation statements. These statements should be no longer than three pages, eschew argument, and provide a road map to settlement. The statements should be e-mailed to Judge Hogan, Judge Velure and Ms. Bettina Whyte at the following addresses: michael_hogan@ord.uscourts.gov, lcvelure@velureonline.com, bwhyte@bridgellc.com. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 8, 2010 Filing 1543 MINUTES of Proceedings: Motion Hearing Held regarding Motion For Order Setting Procedures for Motion for Approval of Settlement with K&L Gates and Approval of Notice of Final Claim Bar #1539 , Motion For Order Setting Procedures for Motion for Approval of Settlement with Thompson & Knight LLP and Approval of Notice of Final Claim Bar #1540 , and Motion for Order Setting Procedures for Motion for Approval of Settlement with DWT and Approval of Notice of Final Claim Bar #1365 . Ordered motions are GRANTED. Counsel Present: Joseph Arellano (via telephone), Diana Carey (via telephone), Brad Daniels (via telephone), Barnes Ellis (via telephone), Michael Esler, Justine Fischer, Gary Grenley (via telephone), Daniel Keppler, Teresa Pearson (via telephone), Kit Pierson, Laura Walker (via telephone), and Stephen Walters (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion #1539 , Motion #1540 , and Motion #1365 .) (jw)
October 7, 2010 Filing 1542 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Kelly Cicero, Conifer Plaza, LLC, Harry Drought, Thomas Elliott, Marion Foster, Tammie L. Foster, Yvonne Hauck, Joseph Kurka, Rock Creek, LLC, Michael Smee, Dan Whitaker, Helen Whitaker, Whitaker Family Limited Partnership, John Wilkinson, Richard Wilson, Dolf de Vos, Gay Lin de Vos, Mark de Vos, Pieter de vos (Related document(s): Order, #1522 .) (Carusone, Judson)
October 7, 2010 Filing 1541 Proposed Form of Order Submitted Regarding Motion for Order Setting Procedures for Motion for Approval of Settlement with DWT and Approval of Notice of Final Claim Bar, with Amended Exhibit. Filed by Michael Grassmueck. (Scollan, Francis)
October 7, 2010 Filing 1540 Motion For Order Setting Procedures for Motion for Approval of Settlement with Thompson & Knight LLP and Approval of Notice of Final Claim Bar. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order with Exhibit (Proposed Notice of Motion and Final Claim Bar)) (Scollan, Francis)
October 7, 2010 Filing 1539 Motion For Order Setting Procedures for Motion for Approval of Settlement with K&L Gates and Approval of Notice of Final Claim Bar. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Proposed Order with Exhibit (Proposed Notice of Motion and Claim Bar)) (Scollan, Francis)
October 7, 2010 Filing 1538 Motion Tenth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period August 6, 2010 Through August 31, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
October 7, 2010 Filing 1537 Brief in Suppot of Motion for Approval of Fees. Filed by Securities and Exchange Commission. (Related document(s): Motion for Attorney Fees, #1488 .) (Fickes, Mark)
October 6, 2010 Filing 1536 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Bruce Clibborn (Related document(s): Order, #1522 .) (Adams, Ronald)
October 6, 2010 Filing 1535 Amended Notice re Notice #1453 AMENDED NOTICE AND SIXTEENTH APPLICATION FOR PAYMENT OF ATTORNEYS FEES AND EXPENSES PURSUANT TO CRO AGREEMENT AND COURT ORDER OF AUGUST 11, 2010 Filed by J. Wallace Gutzler (Related document(s): Notice #1453 .) (Johnson, Thomas)
October 6, 2010 Filing 1534 Notice re Order, #1522 Notice of Intend to Mediate (Lone Star Committee) Filed by Lone Star Committee (Related document(s): Order, #1522 .) (Jackson, Dillon)
October 6, 2010 Filing 1533 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Federal Deposit Insurance Corporation as Receiver for Bay Bank, a Division of Cowlitz Bank (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 4, 2010 Filing 1532 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Yellowstone Bank (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 1, 2010 Filing 1531 Notice re Order, #1522 Notice of Intent to Attend Mediation (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 1, 2010 Filing 1530 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by Pacific Northwest University of Health Sciences (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 1, 2010 Filing 1529 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by U.S. Bank National Association (Related document(s): Order, #1522 .) (Pearson, Teresa)
October 1, 2010 Filing 1528 Notice re Order, #1522 Notice of Intent to Attend Mediation Filed by GE Business Financial Services, Inc (Related document(s): Order, #1522 .) (Pearson, Teresa)
September 30, 2010 Filing 1527 Response To Court Order of September 24 [Docket 1518] for Certain Fee Information Re Tenth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver [Docket 1385]. Filed by Michael Grassmueck. (Scollan, Francis)
September 28, 2010 Filing 1526 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Dismiss #1457 and Motion for Order #1446 . Motion for Order #1446 is set over for 60 days. Parties are ordered to participate in mediation with Judge Lyle Velure, or mediator of their choice. Motion to Dismiss #1457 is GRANTED. Counsel present: Joseph Arellano, Marvin Calhoun, Timothy Conway, John Cosgrove, Brad Daniels, Michael Esler, Jennifer Foote, Daniel Keppler, Brent Summers, and David Zaro. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion to Dismiss #1457 and Motion for Order #1446 .) (jw)
September 28, 2010 Filing 1525 Motion for Attorney Fees /First Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B) (Osias, David)
September 28, 2010 Opinion or Order Filing 1524 Order regarding Certain Investor-Plaintiffs Joint Notice and Alternative Request for Clarification #1486 . The court is requiring that the request for attorney fees for third party counsel list the position and experience level of each professional as well as their requested hourly rates. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 28, 2010 Opinion or Order Filing 1523 ORDER: Granting Attorney Paul R.J. Connolly's Motion to Withdraw as counsel of record for TIC Investors and Appellants Crown Pointe Investors #1506 ; Granting Attorney Paul R.J. Connolly's Motion to Withdraw as counsel of record for TIC Investors and Appellants Waterford in Bellevue TIC Investors #1507 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Filing 1522 Notice of filing of Order #1694 in Stayton SW Assisted Living 09-6082-HO. Order on October 18, 19 and 20, 2010 mediation shall commence with regard to all remaining claims in this matter that remain disputed or as of the date of this order are unliquidated and contingent, before Judge Hogan in his chambers at the US Courthouse, Eugene at 9am. (Please see attached for full Order) Signed on 9/24/10 by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1521 Scheduling Order by U.S. District Judge Michael R. Hogan. Mediation for Harder, Gutzler, and Fisher set for 10/14/2010 and 10/15/2010 at 09:00AM is reset from Portland to Judge Hogan's Chambers at the US Courthouse, Eugene, Oregon before U.S. District Judge Michael R. Hogan. Presence of all parties with settlement authority are required to attend. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Filing 1520 Notice and First Post-Confirmation Application for Payment of Vanden Bos & Chapman, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
September 24, 2010 Filing 1519 Notice and First Post-Confirmation Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
September 24, 2010 Opinion or Order Filing 1518 Order with respect to Motion for Attorney Fees /Tenth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Counsel to the Receiver for the Period May 1, 2010 through June 30, 2010 #1385 David Osias or other representative shall identify what entries, if any, pertain to the about 37 avoidance of preference transfer complaints dated on about 5/21/10 by 9/30/10. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1517 ORDER: Granting Motion Second Application for Professional Compensation of Luce Forward as Special Counsel to Receiver Michael A. Grassmueck for Work Related to SWP Property Holdings, LP #1377 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Kurt A. Oreshack $285, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1516 Order granting Notice of 14th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period June 1, 2010, through June 30, 2010 #1437 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, Suzanne Fegelein $250, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1515 Order granting Notice of 13th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period May 1, 2010, through May 31, 2010 #1424 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, Suzanne Fegelein $250, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1514 ORDER: Granting Motion Eighth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period June 1, 2010 Through June 30, 2010 #1376 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, Michell Levack $50, Bilegee Zundui-Osor $65, Kathleen Peters $65, Timothy Savich $65, Erin Lane $175, Michele Bradley $135, Katie Larsen $50, Dean Slater $50, Andrew Alldridge $65, Nicole Colmenero $65, Jenna Huffman $65, Cheryl Taylor $65, Heather Crumbaker $65, Anat Levinger $65, Loretta Johnson $65, Colleen Rushton $65, Amal Naik $65, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1513 ORDER: Granting Application for Professional Compensation of Stephen Houze as Special Counsel to Receiver Michael A. Grassmueck #1395 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Stephen Houzer $450, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1512 Order granting Notice of Filing of Billing Statement and Third Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust #1414 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Stephen English $450, Thomas Hutchinson $300, Margaret Van Valkenburg $285, Dayna Christian $290, Laura Caldera Taylor $295, Evelyn English $150, Julia Batdorff $100, Carol McLemore $100, Lisa Ratzlaff $100, Polly Plein $100, Stacie Standifer $100, Shannon Vincent $250, David VanSpeybroeck $375, Lauren Blaesing $100, Kristen Paulene Reichenbach $100, Tracy DiBello $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1511 Order granting Notice and Third Interim Application for Payment of Attorney Fees for Stoll Stoll Berne for David Thurber #1417 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Keith Ketterling $355, Jacob Gill $240, Steven C. Berman $265, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2010 Opinion or Order Filing 1510 Order granting Notice and Seventh Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) #1378 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thornton $400, Justin C. Jones $250, Kathleen A. Rockne $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 23, 2010 Opinion or Order Filing 1509 Order regarding Receiver's Motion for Order Setting Procedures for Motion for Approval of Settlement with DWT and Approval of Notice of Final Claim Bar #1365 Oral Argument is reset from 9/28/10 to 10/8/2010 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
September 16, 2010 Filing 1507 Motion to Withdraw as Attorney-of-Record for TIC Investors in Waterford in Bellevue and Crown Pointe. Filed by Waterford in Bellevue TIC Investors. (Connolly, Paul)
September 16, 2010 Filing 1506 Motion to Withdraw as Attorney-of-Record for TIC Investors in Waterford in Bellevue and Crown Pointe. Filed by Crown Pointe Investors. (Connolly, Paul)
September 16, 2010 Filing 1505 Response in Opposition of Receiver, Michael Grassmueck, to Motion for Relief From the Automatic Stay to Motion for Order #1446 . Filed by Michael Grassmueck. (Zaro, David)
September 15, 2010 Filing 1508 Memorandum in Support. Filed by Russell Cosgrove, Rebecca Hufford. (Related document(s): Motion to Dismiss #1457 .) (sln)
September 15, 2010 Opinion or Order Filing 1504 Order - the deadline for filing objections to final applications for compensation of fees and expenses is extending to October 15, 2010. The parties are requested to send certain detailed information relating to the final fee applications that have been submitted to Bridge Associates LLC no later than 9/24/10. See the attached document for detailed information. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 13, 2010 Opinion or Order Filing 1503 ORDER: Granting Receiver's Motion for Order Extending Deadline to 10/15/10 for Commencing Third Party Claims and Avoidance Actions #1501 . Signed on 9/13/10 by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2010 Filing 1502 Notice Ninth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver and Request for Payment of Holdbacks Filed by Michael Grassmueck (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Attachment Budget) (Larkins, William)
September 8, 2010 Filing 1501 Motion Receiver Michael Grassmueck's Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions; Expedited Hearing Requested. Filed by Michael Grassmueck. (Attachments: #1 Memorandum in Support of Receiver Michael Grassmueck's Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions, #2 Declaration of Francis N. Scollan in Support of Receiver Michael Grassmueck's Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions, #3 Proposed Order [Proposed] Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions) (Scollan, Francis)
September 3, 2010 Filing 1500 Notice and Application for Compensation for Foster Pepper for Hermiston Terrace Assisted Living Filed by Hermiston Assisted Living LLC (Jackson, Dillon)
September 3, 2010 Filing 1499 Notice of Foster Pepper's Proposed Budget for Lone Star Committee from July 27, 2010, through December 31, 2010 Filed by Prudential Mortgage SL, LLC (Jackson, Dillon)
September 3, 2010 Filing 1498 Notice and Application for Compensation and Expenses for Billing Statement of Foster Pepper PLLC for Lone Star Committee Filed by Prudential Mortgage SL, LLC (Jackson, Dillon)
September 3, 2010 Filing 1497 Notice Proposed Budget for Moss Adams LLP, for the Period August 5, 2010 Through December 31, 2010 Filed by Michael Grassmueck (Attachments: #1 Attachment Proposed Budget) (Larkins, William)
September 3, 2010 Opinion or Order Filing 1496 Order regarding Receiver's Motion for Order Setting Procedures for Motion for Approval of Settlement with DWT and Approval of Notice of Final Claim Bar #1365 , Cheryl Hightower's Motion for Order granting relief from stay #1446 , Rebecca Hufford and Russell Cosgrove's Motion to Dismiss #1457 , Oral Argument is reset from 9/14/10 to 9/28/2010 at 01:30PM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline 541-431-4045 password 1111# prior to the hearing time. (sln)
September 3, 2010 Filing 1495 Notice Final Fee Application of Schnader Harrison Segal & Lewis LLP for Fees and Expenses and Notice Thereof Filed by Jon M. Harder (Attachments: #1 Exhibit, #2 Exhibit, #3 Certificate of Service) (Hart, Christopher)
September 3, 2010 Filing 1494 Notice Proposed Budget for the Receiver, Michael Grassmueck, for the Period August 5, 2010 through December 31, 2010 Filed by Michael Grassmueck (Attachments: #1 Attachment Proposed Budget) (Larkins, William)
September 3, 2010 Filing 1493 Exhibits C7 re Notice, #1490 . Filed by Grove, Mueller & Swank, P.C.. (Knapp, Michael)
September 3, 2010 Filing 1492 Exhibits C5, C6 re Notice, #1490 . Filed by Grove, Mueller & Swank, P.C.. (Attachments: #1 Exhibit Exhibit C6) (Knapp, Michael)
September 3, 2010 Filing 1491 Exhibits C1, C2, C3 & C4 re Notice, #1490 . Filed by Grove, Mueller & Swank, P.C.. (Attachments: #1 Exhibit Exhibit C2, #2 Exhibit Exhibit C3, #3 Exhibit Exhibit C4) (Knapp, Michael)
September 3, 2010 Filing 1490 Notice Application for Payment of Compensation of Holdbacks and Previously Denied Compensation Filed by Grove, Mueller & Swank, P.C. (Attachments: #1 Attachment Previously Submitted Notice of Filing Billing Statements, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B) (Knapp, Michael)
September 3, 2010 Filing 1489 Proposed Notice of Budget for Sunwest Litigation Trust Collaborative Counsel for Receiver/Sunwest Litigation Trust for the Period August 1, 2010 Through December 31, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
September 3, 2010 Filing 1488 Motion for Attorney Fees /Final Application Pursuant to Court Order Dated August 10, 2010 for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, and Proposed Budget for Remainder of 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Osias, David)
September 3, 2010 Filing 1487 Notice Final Application for Professional Compensation by Ogden Murphy Wallace, PLLC, Counsel for Relief Defendant Kristin Harder and Notice Thereof, Filed by Jon M. Harder (English, Stephen)
September 3, 2010 Filing 1486 Joint Notice and Alternative Request for Clarification Filed by Certain Investor-Plaintiffs (Esler, Michael)
September 3, 2010 Filing 1485 Notice of Final Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust and Notice Thereof Filed by Bullivant Houser Bailey PC (English, Stephen)
September 3, 2010 Filing 1484 Notice of Budget for Ogden Murphy Wallace PLLC Filed by Jon M. Harder (English, Stephen)
September 3, 2010 Filing 1483 Motion Application for Final Professional Compensation (Tonkon Torp LLP) Filed on Behalf of Thomas F. Biesiadecki. Filed by Stayton SW Assisted Living, L.L.C.. (Kennedy, Albert)
September 3, 2010 Filing 1482 Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC). Filed by Clyde A. Hamstreet CRO. (Foraker, David)
September 3, 2010 Filing 1481 WRONG DOCUMENT ATTACHED Motion Application for Final Professional Compensation (Tonkon Torp LLP) Filed on Behalf of Thomas F. Biesiadecki. Filed by Stayton SW Assisted Living, L.L.C.. (Kennedy, Albert) Modified on 9/13/2010 (sln).
September 3, 2010 Filing 1480 Motion Application for Final Professional Compensation (Luce, Forward, Hamilton & Scripps LLP). Filed by Stayton SW Assisted Living, L.L.C.. (Kennedy, Albert)
September 3, 2010 Filing 1479 Motion Application for Final Professional Compensation (Tonkon Torp LLP). Filed by Stayton SW Assisted Living, L.L.C.. (Kennedy, Albert)
September 3, 2010 Filing 1478 Final Motion for Attorney Fees (Greene & Markley, P.C.). Filed by Clyde A. Hamstreet CRO. (Foraker, David)
September 3, 2010 Filing 1477 Motion Ninth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period July 1, 2010 Through August 5, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Larkins, William)
September 2, 2010 Filing 1476 Certificate of Service by Unsecured Creditors Committee of Notice #1475 , Notice, #1474 Filed by Unsecured Creditors Committee. (Elsaesser, Ford)
September 2, 2010 Filing 1475 Notice of Post Confirmation Budget of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., Pursuant to Court Order of August 11, 2010 Filed by Unsecured Creditors Committee (Elsaesser, Ford)
September 2, 2010 Filing 1474 Notice of Final Application for Compensation of 20% Holdback Amounts of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., Pursuant to Court order of August 11, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Attachment Summary, #2 Supplement re Experience, #3 Proposed Order) (Elsaesser, Ford)
September 2, 2010 Filing 1473 Report Proposed Budget of Allen Matkins Leck Gamble Mallory & Natsis LLP, Counsel for Receiver, for Period August 6, 2010 through December 31, 2010. Filed by Michael Grassmueck. (Zaro, David)
September 2, 2010 Filing 1472 Notice and Final Application for Payment of Attorney Fees Pursuant to CRO Agreement and Court Orders Filed by David Thurber (Berman, Steven)
September 2, 2010 Filing 1471 Report Proposed Budget for Stoll Stoll Berne Lokting & Shlachter P.C. Counsel for John David Thurber for the Period of August 6, 2010 through December 31, 2010. Filed by David Thurber. (Berman, Steven)
September 2, 2010 Filing 1470 Motion Final Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver, Michael A. Grassmueck, During the Period April 21, 2009 Through April 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
September 2, 2010 Filing 1469 Report Proposed Budget for Professionals on Behalf of J. Wallace Gutzler August 6, 2010, through December 31, 2010. Filed by J. Wallace Gutzler. (Johnson, Thomas)
September 1, 2010 Filing 1468 Notice of Ater Wynne LLP's Proposed Budget for Fees for August 6 through December 31, 2010 Filed by Darryl E. Fisher (Blackhurst, Steven)
September 1, 2010 Filing 1467 Notice and Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Blackhurst, Steven)
September 1, 2010 Filing 1466 Amended Notice AMENDED Post Confirmation Budget for Counsel for Official Committee of Tenant In Common Investors Filed by Tenants in Common Committee (MacLean, Merrilee)
August 31, 2010 Filing 1465 Notice and Final Application for Payment of Attorney's Fees (Vanden Bos & Chapman, LLP) Pursuant to CRO Agreement and Court Order (through 8/5/10) Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 31, 2010 Filing 1464 Notice of Updated Budget for Professionals Retained by Carol and Darryl Fisher (Vanden Bos & Chapman, LLP)(08/5/10 - 12/31/10) Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 31, 2010 Filing 1463 Notice of Updated Budget for Professionals Retained by Carol and Darryl Fisher (Mack Roberts - CPA's)(08/5/10 - 12/31/10) Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 31, 2010 Filing 1462 Notice and Final Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order (through 8/5/2010) Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 31, 2010 Filing 1461 Notice of Updated Budget for Professionals Retained by Carol and Darryl Fisher (Thornton Byron, LLP - Tax Counsel) (8/5/10 - 12/31/10) Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 31, 2010 Opinion or Order Filing 1460 Order regarding Rebecca Hufford and Russell Cosgrove's Motion to Dismiss without prejudice of petitions, request, and motion #1457 Oral Argument is set for 9/14/2010 at 01:30PM by Telephone before U.S. District Judge Michael R. Hogan. Parties are to call the bridgeline at (541) 431-4045 password 1111# prior to the hearing time. (sln)
August 31, 2010 Filing 1459 Notice and Final Application for Payment of Tax Counsel's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order (through 8/5/2010) Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 31, 2010 Filing 1458 Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal #1423 by Crown Pointe. (sln)
August 31, 2010 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #1423 Case Appealed to Ninth Circuit Case Number 10-35766 assigned. (sln)
August 30, 2010 Filing 1457 Motion for Dismissal without prejudice of petitions, requests and motion. Filed by Russell Cosgrove, Rebecca Hufford. (sln)
August 26, 2010 Filing 1456 Proposed Notice of Budget for Professionals on Behalf of Non-Insider LLC Member Group August 6, 2010 Through December 31, 2010 Filed by Non-Insider LLC Member Group (Stewart, John)
August 26, 2010 Filing 1455 Notice of Final Interim Application for Compensation and Expenses Reimbursement for Billing Statements of Winston & Cashatt and Stewart, Sokol & Gray, LLC Filed by Non-Insider LLC Member Group (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
August 25, 2010 Filing 1454 Notice Post Confirmation Budget for Counsel of Official TIC Committee Filed by Tenants in Common Committee (MacLean, Merrilee)
August 25, 2010 Filing 1453 Notice and Sixteenth Application for Payment of Attorneys Fees and Expenses Pursuant to CRO Agreement and Court Order of August 11, 2010 Filed by J. Wallace Gutzler (Johnson, Thomas)
August 25, 2010 Filing 1452 Notice of Fee Application for Approval and Payment of Fees for Counsel for TIC Committee for Period From February, 2009 through August 5, 2010 and Request for Reimbursement of Expenses of TIC Committee Members Filed by Tenants in Common Committee (Attachments: #1 Exhibit 1 - 3, #2 Schedule A, #3 Schedule C) (MacLean, Merrilee)
August 25, 2010 Opinion or Order Filing 1451 Order regarding Cheryl Hightower's Motion for Order granting relief from stay #1446 Oral Argument is set for 9/14/2010 at 01:30PM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline at 541-431-4045 password 1111# prior to the hearing time. (sln)
August 25, 2010 Filing 1449 Notice of 16th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period August 1, through August 5, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re Experience, #2 Exhibit Invoice Summary, #3 Exhibit A: Itemized Fees August 1 through August 5, 2010, #4 Exhibit B: Itemized Costs August 1 through August 5, 2010, #5 Proposed Order, #6 Exhibit Certificate of Service) (Elsaesser, Ford)
August 24, 2010 Opinion or Order Filing 1450 Order approving sale pursuant to Terms of Bare Land Election and limiting notice thereof (Cottonwood). Signed on 8/24/10 by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2010 Filing 1448 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Approve Sale Pursuant to Terms of Bare Land Election and Limit Notice Thereof (Cottonwood) #1389 and Motion Requesting Proofs of Claim Be Deemed Timely #1415 . Ordered motions are GRANTED. Counsel Present: Timothy Conway, Kevin Jacoby, David Mylrea and Teresa Pearson. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion #1389 and Motion #1415 .) (jw)
August 24, 2010 Filing 1447 Notice and Eighth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 24, 2010 Opinion or Order Filing 1445 Order by U.S. District Judge Michael R. Hogan. Mediation as to Third Party Plaintiffs (counsel only) is set for 9/8/2010 at 09:00AM in Judge Hogan's chambers at the federal courthouse, Eugene, Oregon. Attorneys Michael Esler, Stephen English, John Stewart, Stephen Walters, Gary Grenley and Paul Connolly are required to appear for mediation. Also ordered to appear are Michael Grassmueck and Clyde Hamstreet. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2010 Opinion or Order Filing 1444 Order by U.S. District Judge Michael R. Hogan. Mediation as to Lone Star is set for September 9, 2010 at 01:30PM and September 10, 2010, if necessary, in Judge Hogan's chambers at the federal courthouse in Eugene, Oregon. Order Dillon Jackson, Rohn Roberts, Michael Grassmueck, Clyde Hamstreet, David Zaro are required to be present at the mediation. Ordered by U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 23, 2010 Filing 1443 Notice and Fourth Interim Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 23, 2010 Filing 1442 Notice of 15th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period July 1, 2010, through July 31, 2010, Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re: Experience, #2 Exhibit Invoice Summary, #3 Exhibit A: Itemized Fees, #4 Exhibit B: Itemized Costs, #5 Proposed Order, #6 Exhibit Certificate of Service) (Elsaesser, Ford)
August 20, 2010 Filing 1446 Motion for Order granting relief from stay. Filed by Cheryl Hightower. (sln)
August 19, 2010 Filing 1441 Notice of Filing of Billing Statement and 4th Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, Filed by Bullivant Houser Bailey PC (English, Stephen)
August 18, 2010 Filing 1440 Notice of Attorney Withdrawal: Filed by Centerline Servicing, Inc., LNR Partners, Inc., LPP Mortgage, Ltd (Dittman, Adam)
August 17, 2010 Filing 1439 Notice of Filing of Final Application for Compensation and Expenses Reimbursement For Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
August 17, 2010 Filing 1438 Notice and Sixteenth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
August 16, 2010 Filing 1437 Notice of 14th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period June 1, 2010, through June 30, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re: Experience, #2 Exhibit Summary of Fees and Expenses, #3 Exhibit A: Itemized Fees, #4 Exhibit B: Itemized Costs, #5 Exhibit C: Reimbursement for UCC member's expenses, #6 Exhibit Certificate of Service, #7 Proposed Order) (Elsaesser, Ford)
August 16, 2010 Filing 1436 Notice and Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Blackhurst, Steven)
August 13, 2010 Opinion or Order Filing 1435 Order by U.S. District Judge Michael R. Hogan - setting Mediation for Harder, Gutzler and Fisher for 10/14/2010 and 10/15/2010 at 09:00AM at USA&M Office at 1000 SW Broadway, Suite 1710, Portland before U.S. District Judge Michael R. Hogan and Judge Velure. Presence of all parties with settlement authority are required to attend. (sln)
August 13, 2010 Opinion or Order Filing 1434 Order regarding Cottonwood TIC Investors' Motion to Approve Sale Pursuant to Terms of Bare Land Election and Limit Notice Thereof (Cottonwood) #1389 And Lynne and Dianne Hemmert's Motion Requesting Proofs of Claim Be Deemed Timely #1415 Oral Argument is set for 8/24/2010 at 02:00PM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridgeline at 541-431-4045 password 1111# prior to the hearing time. (sln)
August 13, 2010 Opinion or Order Filing 1433 Order regarding Motion for Order Setting Procedures for Motion for Approval of Settlement with DWT and Approval of Notice of Final Claim Bar #1365 Oral Argument is set for 9/14/2010 at 01:30PM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridgeline at 541-431-4045 password 1111# prior to the hearing time. (sln)
August 13, 2010 Opinion or Order Filing 1432 Order - in addition to those persons identified in the 7/12/10 Order, the Court hereby further orders that the following person also should attend the August 25 and 26 mediation sessions: All counsel of record for both plaintiffs and defendants in the case of Chinskey v. Ghirardo CPA et al No. VC 1000378 Superior Court for the State of California, Marin County as well as a representative of all insurance carriers who wrote policies which may provide coverage for the claims asserted in this action and All counsel of record for both plaintiffs and defendants in the case of Stich v.Ghirardo CPA, et al., currently pending in this Court as well as a representative of all insurance carriers who wrote policies which may provide coverage for the claims asserted in this action. Signed on 8/13/10 by U.S. District Judge Michael R. Hogan. (sln)
August 12, 2010 Opinion or Order Filing 1431 Order authorizing Receiver to pursue and participate in mediation of claims held by investors against third persons on behalf of investors not currently represented by other counsel. Signed on 8/12/10 by U.S. District Judge Michael R. Hogan. (sln)
August 12, 2010 Filing 1430 Proposed Form of Order Submitted for Order of Withdrawal. Filed by Robert E Price. (Risken, Patrick)
August 12, 2010 Filing 1429 Motion to Expedite or Accelerate Motion to Withdraw. Filed by Robert E Price. (Risken, Patrick)
August 12, 2010 Filing 1428 Motion to Withdraw. Filed by Robert E Price. (Risken, Patrick)
August 11, 2010 Opinion or Order Filing 1427 Order - to the extent there is any ambiguity as to the procedures for final applications for compensation of fees and expenses, the court's order of 8/9/10 #1618 filed in 09-6082-HO applies in the Receivership case, 09-6056-HO, as well as the bankruptcy case, 09-6082-HO. Professionals should file fee applications in the appropriate case. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 11, 2010 Opinion or Order Filing 1426 Order - As indicated by the court's order of July 27, 2010, regarding the motion for clarification (#1380), the motion is granted to the extent that the court's order of July 13, 2010, (#1374) is clarified to reflect that the CRO/Receiver's objections to non-mingled property claims (#1231) are sustained to the extent that the court concludes that the identified properties will not be excluded from Distribution Plan treatment or from the Estate. The court further denies all grounds raised by the parties seeking exclusion from Distribution Plan treatment or from the Estate with respect to the identified properties. Signed on 8/11/10 by U.S. District Judge Michael R. Hogan. (sln)
August 11, 2010 Filing 1425 Notice Ogden Murphy Wallace, PLLC's Notice of Filing of Billing Statement and Second Application for Compensation for the Period November 25, 2009 Through July 31, 2010, Filed by Jon M. Harder (English, Stephen)
August 11, 2010 Filing 1424 Notice of 13th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period May 1, 2010, through May 31, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re: Experience, #2 Exhibit Invoice Summary, #3 Exhibit Fees, #4 Exhibit Costs, #5 Proposed Order, #6 Attachment Certificate of Service) (Elsaesser, Ford)
August 9, 2010 USCA Appeal Fees re Notice of Appeal #1423 : Received Fee in amount of $455. Receipt number 600005682 issued. (sln)
August 6, 2010 Filing 1423 Notice of Appeal to the 9th Circuit. Filed by Crown Pointe Investors, Waterford in Bellevue TIC Investors. (Jacoby, Kevin)
August 4, 2010 Filing 1421 Notice of Filing of Third Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC for the Period May 1, 2010 Through July 31, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
August 3, 2010 Opinion or Order Filing 1422 Order After due consideration of this request, this Court orders, authorizes and directs Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, to pay to AEW the sum of $1,100,000.00 as reimbursement for its reasonable attorney fees and other expenses incurred in connection with its due diligence review, preparation and submittal of its bid. Signed on 8/3/10 by U.S. District Judge Michael R. Hogan. (sln)
August 3, 2010 Filing 1420 Motion for Attorney Fees Second Application for Professional Compensation of Receiver's former Local/Conflicts Counsel. Filed by Michael Grassmueck. (Wade, David)
August 2, 2010 Filing 1419 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 7/27/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/12/2010. Redaction Request due 8/26/2010. Redacted Transcript Deadline set for 9/7/2010. Release of Transcript Restriction set for 11/4/2010. (Wilhelm, Deb)
August 2, 2010 Filing 1417 Notice and Third Interim Application for Payment of Attorney Fees Pursuant to CRO Agreement and Court Order Filed by David Thurber (Berman, Steven)
August 2, 2010 Filing 1416 Declaration of R. Lynne Hemmert in Support of Petition Requesting Proofs of Claim Be Deemed Timely. Filed by R. Lynne Hemmert. (Related document(s): Motion - Miscellaneous #1415 .) (Dean, David)
August 2, 2010 Filing 1415 Motion Requesting Proofs of Claim Be Deemed Timely. Filed by R. Lynne Hemmert. (Dean, David)
August 2, 2010 Filing 1414 Notice of Filing of Billing Statement and Third Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, Filed by Bullivant Houser Bailey PC (English, Stephen)
July 31, 2010 Opinion or Order Filing 1413 Order granting Notice of 12th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period April 1, 2010, through April 30, 2010 #1360 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, Suzanne Fegelein $250, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1412 Order granting Notice of Sixth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period May 1, 2010 Through June 30, 2010 #1358 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Nancy L. Isserlis $300, David P. Gardner $150, John S. Stewart $395, Jan D. Sokol $325, Jamie Kilb $100, Marion J. Nelson $100, Laurel G. Wilson $65, Tyler J. Storti $225, Melissa J. Dalluhn $65, Robert B. Coleman $265, Thomas A. Larkin $295, Cassandra M. Rehn $95, Fletcher S. Wilson $65, Jennifer C. Clark $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1411 Order granting Notice and Fifteenth Interim Application for Payment of Vanden Bos & Chapman, LLP #1354 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1410 Order granting Notice of Filing of Billing Statement and Second Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust #1345 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Stephen English $450, Thomas Hutchinson $300, Margaret Van Valkenburg $285, Dayna Christian $290, Laura Caldera Taylor $295, Evelyn English $150, Julia Batdorff $100, Carol McLemore $100, Lisa Ratzlaff $100, Polly Plein $100, Stacie Standifer $100, Shannon Vincent $250, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1409 Order Application for Professional Compensation of Luce Forward as Special Counsel to Receiver Michael A. Grassmueck for Work Related to SWP Property Holdings, LP #1334 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Darry Steinhause $450, Daniel Titelbaum $450, Mark Mann $450, Phillip Jelsma $450, Robert Buell $450, Jerome Grossman $450, Jeremy Crickard $380, Diana L. Donabedian $355, Amy Giannamore $340, Kurt Oreshack $280, Kirsten Solberg $275, Cortney L. Scott $260, Logan Fairfax $255 Monique Tayyab $245, Antonia Lopes $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1408 Order Notice and Application for Payment of Attorneys' Fees for Ater Wynne LLP for Darryl E. Fisher #1333 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1407 Order granting Notice and Fourteenth Application for Payment of Attorneys Fees for Perkins Coie LLP for J. Wallace Gutzler #1303 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 4 hours at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, J. Wilson $80, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1406 Order granting Notice of Eleventh Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. #1302 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, Suzanne Fegelein $250, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1405 ORDER: Granting Motion Seventh Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period May 1, 2010 through May 31, 2010 #1299 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, Michell Levack $50, Bilegee Zundui-Osor $65, Kathleen Peters $65, Timothy Savich $65, Erin Lane $175, Michele Bradley $135, Katie Larsen $50, Dean Slater $50, Andrew Alldridge $65, Nicole Colmenero $65, Jenna Huffman $65, Cheryl Taylor $65, Heather Crumbaker $65, Anat Levinger $65, Loretta Johnson $65, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1404 Order granting Notice & Sixth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) #1300 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thonton $400, Justin C. Jones $250, Kathleen A. Rockne $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1403 Order granting Notice & Fourteenth Interim Application for Payment of Vanden Bos & Chapman, LLP #1301 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1402 ORDER: Granting Motion Fifth Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period December 1, 2009 Through April 30, 2010 #1276 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: William L. Larkins, Jr $340, Julie R. Vacura $340, Christopher J. Kayser $180, Cody Hoesly $180, Kaitlan Monroe $125, Lynne Niknaband $70, Nancy Pawaga $100, Shani Pines $180, Jessica Gilrein $60, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified on 8/2/2010 to correct text(jw).
July 31, 2010 Opinion or Order Filing 1401 ORDER: Granting Motion Sixth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period April 1, 2010 Through April 30, 2010. #1247 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, Michell Levack $50, Bilegee Zundui-Osor $65, Kathleen Peters $65, Timothy Savich $65, Erin Lane $175, Michele Bradley $135, Katie larsen $50, Dean Slater $50, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1400 Order granting Notice and Twelfth and Thirteenth Applications for Payment of Attorneys for Perkins Coie LLP for J. Wallce Gutzer #1238 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 16 hours at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, J. Wilson $80, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified on 8/2/2010 to correct typographical error(jw).
July 31, 2010 Opinion or Order Filing 1399 ORDER: Granting Darryl E.. Fisher's Motion for Attorney Fees for Atter Wynne LLP #1246 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1398 ORDER: Granting Motion for Attorney Fees Ninth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver, for the Period April 1, 2010 through April 30, 2010. #1237 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 13.9 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, Anton Hasenkampf $150, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified on 8/2/2010 to correct typographical error(jw).
July 31, 2010 Opinion or Order Filing 1397 Order granting Fifth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) #1233 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thonton $400, Justin C. Jones $250, Kathleen A. Rockne $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 31, 2010 Opinion or Order Filing 1396 Order granting Thirteenth Interim Application for Payment of Vanden Bos & Chapman, LLP for Darryl E. Fisher #1232 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 28, 2010 Filing 1395 Motion Application for Professional Compensation of Stephen Houze as Special Counsel to Receiver Michael A. Grassmueck. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Larkins, William)
July 27, 2010 Filing 1418 MINUTES of Proceedings: Motion Hearing Held regarding Motion for Clarification of Court's Order Regarding Non-Mingled Property Claims #1380 . Motion is granted in part and denied in part. Formal order to follow. Attorneys present: Frances Scollan and Paul Connolly. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (plb)
July 27, 2010 Opinion or Order Filing 1394 Stipulation and Order granting U.S. Bank, National Association, relief from injunction and automatic stay as to Great Falls Retirement Living, LLC and Great Falls Senior Living, LLC. Signed on 7/27/10 by U.S. District Judge Michael R. Hogan. (sln)
July 27, 2010 Opinion or Order Filing 1393 ORDER: Granting Receiver's Motion extending deadline to 9/15/10 for commencing third party claims and avoidance actions #1387 . Signed on 7/27/10 by U.S. District Judge Michael R. Hogan. (sln)
July 27, 2010 Filing 1392 Proposed Form of Order Submitted Stipulation and Order Granting U.S. Bank, National Association, Relief from Injunction and Automatic Stay as to Great Falls Retirement Living, LLC, and Great Falls Senior Living, LLC. Filed by U.S. Bank National Association. (Pearson, Teresa)
July 27, 2010 Filing 1391 Motion for Order granting petitions and request for decision, appointing arbitrator, and compelling arbitration. (expedited disposition required to prevent irreparable loss) Filed by Russell Cosgrove, Rebecca Hufford. (sln)
July 26, 2010 Opinion or Order Filing 1390 Order correcting Court Order 1388 to reflect the correct telephone number for the bridge line is 541-431-4045 password 1111# for the telephone hearing set 7/27/10 at 1:30pm. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 26, 2010 Filing 1389 Motion to Approve Sale Pursuant to Terms of Bare Land Election and Limit Notice Thereof (Cottonwood). Filed by Cottonwood TIC Investors. (Attachments: #1 Attachment A, #2 Proposed Order) (Jacoby, Kevin)
July 26, 2010 Opinion or Order Filing 1388 Order by U.S. District Judge Michael R. Hogan regarding Motion for Clarification of Court's Order 1374 Regarding Non-Mingled Property Claims #1380 Oral Argument is reset from in person to TELEPHONE on 7/27/2010 at 01:30PM before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4104 password 1111# and follow the instructions. (sln)
July 23, 2010 Filing 1387 Ex Parte Motion for Order Extending Deadline For Commencing Third Party Claims and Avoidance Actions (Expedited Hearing Requested). Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Francis N. Scollan, #3 Proposed Order) (Scollan, Francis)
July 22, 2010 Filing 1386 Notice Eighth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver Filed by Michael Grassmueck (Attachments: #1 Exhibit B, #2 Exhibit C) (Larkins, William)
July 22, 2010 Filing 1385 Motion for Attorney Fees /Tenth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Counsel to the Receiver for the Period May 1, 2010 through June 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit C) (Osias, David)
July 20, 2010 Filing 1384 Notice and Fifteenth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
July 19, 2010 Opinion or Order Filing 1383 Order regarding Motion for Clarification of Court's Order Regarding Non-Mingled Property Claims #1380 Oral Argument is set for 7/27/2010 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
July 19, 2010 Opinion or Order Filing 1382 Order - the July 19, 2010 deadline for accepting the settlement option is extended through the date of the mediation as to Divine Investment (Spring Village and Spring Pointe). Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 18, 2010 Filing 1381 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 7/13/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/29/2010. Redaction Request due 8/12/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (Wilhelm, Deb)
July 16, 2010 Filing 1380 Motion for Clarification of Court's Order Regarding Non-Mingled Property Claims - Expedited Consideration Requested Evidentiary Hearing, 1374 . Filed by Crown Pointe Investors, Waterford in Bellevue TIC Investors. (Jacoby, Kevin)
July 16, 2010 Filing 1379 Notice and Third Interim Application For Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
July 16, 2010 Filing 1378 Notice and Seventh Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
July 15, 2010 Filing 1377 Motion Second Application for Professional Compensation of Luce Forward as Special Counsel to Receiver Michael A. Grassmueck for Work Related to SWP Property Holdings, LP. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
July 15, 2010 Filing 1376 Motion Eighth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period June 1, 2010 Through June 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
July 15, 2010 Opinion or Order Filing 1375 Order the court amends its Order dated 7/12/10 #1369 that the parties and counsel and all parties with settlement authority in the Stich case shall appear at the mediation set for August 25, 2010 starting at 9am and if necessary on August 26, 2010 at the federal courthouse in Eugene, Oregon. The parties shall provide to John Stewart on or before 8/10/10 the categories of documents and financial information as listed in the court order dated 7/12/10 document number #1369 . Order only one attorney for each party will be compensated. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 7/16/2010 (sln).
July 15, 2010 Filing 1373 Notice and Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Blackhurst, Steven)
July 13, 2010 Filing 1374 MINUTES of Proceedings: Oral Argument heard on objections to non-mingled property. Objections are DENIED. Witness: V. Matthew Marcos. Counsel Present: Paul Connolly, Tara Schleicher and Francis Norman Scollan. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw)
July 13, 2010 Filing 1372 Declaration of Gregory Gadawski In Response to The Bluffs at Northwoods Response to Receiver's and CRO's Objection to Non-Mingled Election [docket 1364]. Filed by Michael Grassmueck. (Scollan, Francis)
July 12, 2010 Filing 1371 Memorandum in Support Hearing Memorandum in Support of Non-Mingled Property Claim. Filed by Crown Pointe Investors. (Related document(s): Sur-Reply to Motion #1352 .) (Jacoby, Kevin)
July 12, 2010 Filing 1370 Memorandum in Support Hearing Memorandum in Support of Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Sur-Reply to Motion #1346 .) (Jacoby, Kevin)
July 12, 2010 Opinion or Order Filing 1369 Order - A mediation session on broker-dealer related claims pursuant to court order was held on July 11, 2010. It is ordered that the mediation will reconvene on August 25, 2010 starting at 9:00 am and if necessary on August 26, 2010 at the federal courthouse in Eugene, Oregon. Participants at the 7/11/10 session and parties listed in the Order are ordered to attend the August 25 and 26 mediation sessions. The individuals and entities set forth in the Order shall provide to John Stewart on or before 8/10/10 the categories of documents and financial information as listed in the order. Signed on 7/12/10 by U.S. District Judge Michael R. Hogan. (sln)
July 12, 2010 Opinion or Order Filing 1368 ORDER: Granting Bluffs at Northwood's Motion for Extension of Time For Filing Response to Receiver's and CRO's Objections to Non-Mingled Property Claims #1363 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 12, 2010 Opinion or Order Filing 1367 ORDER: Denying Crown Pointe Investors, Waterford in Bellevue TIC Investors Emergency Motion to Compel Deposition of Gregory A. Gadawki #1359 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 9, 2010 Filing 1366 Memorandum in Support. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #1365 .) (Larkins, William)
July 9, 2010 Filing 1365 Motion for Order Setting Procedures for Motion for Approval of Settlement with DWT and Approval of Notice of Final Claim Bar. Filed by Michael Grassmueck. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Larkins, William)
July 8, 2010 Filing 1364 Response to Objections of Receiver and CRO to Non-Mingled Property Claims. (Schleicher, Tara)
July 8, 2010 Filing 1363 Motion for Extension of Time For Filing Response to Receiver's and CRO's Objections to Non-Mingled Property Claims.. (Schleicher, Tara)
July 8, 2010 Filing 1361 Response in Opposition by Receiver and CRO to Emergency Motion to Compel Deposition of Gregory A. Gadawki - Expedited Consideration Requested #1359 . Filed by Michael Grassmueck. (Scollan, Francis)
July 8, 2010 Filing 1360 Notice of 12th Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period April 1, 2010, through April 30, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement re Experience, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order, #5 Exhibit Certificate of Service) (Elsaesser, Ford)
July 7, 2010 Filing 1359 Emergency Motion to Compel Deposition of Gregory A. Gadawki - Expedited Consideration Requested. Oral Argument requested. Filed by Crown Pointe Investors, Waterford in Bellevue TIC Investors. (Jacoby, Kevin)
July 6, 2010 Filing 1358 Notice of Sixth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period May 1, 2010 Through June 30, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
July 6, 2010 Opinion or Order Filing 1357 Scheduling Order by U.S. District Judge Michael R. Hogan. Hearing on objections to non-mingled property set for 7/13/2010 at 10:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 2, 2010 Filing 1362 Request that court decide petitions to appoint arbitrator and compel arbitration Filed by Russell Cosgrove, Rebecca Hufford. (sln)
July 2, 2010 Filing 1356 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 6/28/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/12/2010. Redaction Request due 7/26/2010. Redacted Transcript Deadline set for 8/5/2010. Release of Transcript Restriction set for 10/4/2010. (Wilhelm, Deb)
July 2, 2010 Filing 1355 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 6/24/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/12/2010. Redaction Request due 7/26/2010. Redacted Transcript Deadline set for 8/5/2010. Release of Transcript Restriction set for 10/4/2010. (Wilhelm, Deb)
July 2, 2010 Filing 1354 Notice and Fifteenth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
July 2, 2010 Opinion or Order Filing 1353 Order approving settlement and compromise and limiting notice regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington) Signed on 7/2/10 by U.S. District Judge Michael R. Hogan. (sln)
June 30, 2010 Filing 1352 Sur-Reply in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Crown Pointe Investors. (Jacoby, Kevin)
June 30, 2010 Filing 1351 Declaration of Dana Gluckstein in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Sur-Reply to Motion #1346 .) (Jacoby, Kevin)
June 30, 2010 Filing 1350 Declaration of Joyce Jones in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Sur-Reply to Motion #1346 .) (Jacoby, Kevin)
June 30, 2010 Filing 1349 Declaration of Mark Williams in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Sur-Reply to Motion #1346 .) (Jacoby, Kevin)
June 30, 2010 Filing 1348 Declaration of Pete Jubitz in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Sur-Reply to Motion #1346 .) (Jacoby, Kevin)
June 30, 2010 Filing 1347 Supplemental Declaration of Kevin J. Jacoby in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Sur-Reply to Motion #1346 .) (Attachments: #1 Exhibit 9) (Jacoby, Kevin)
June 30, 2010 Filing 1346 Sur-Reply in Support of Response to Receiver's and CRO's Objections to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Jacoby, Kevin)
June 30, 2010 Filing 1345 Notice of Filing of Billing Statement and Second Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, Filed by Bullivant Houser Bailey PC (English, Stephen)
June 28, 2010 Opinion or Order Filing 1344 ORDER: Granting Dan Thomas Construction, Inc's Motion to Lift Preliminary Injunction #1175 . Signed on 6/28/10 by U.S. District Judge Michael R. Hogan. (sln)
June 28, 2010 Opinion or Order Filing 1343 ORDER: Granting Waterford in Bellevue TIC Investors and Crown Pointe TIC Investors' Motion for Extension of Time to 6/30/10 for filing response to Receiver's and CRO's objections to non-mingled property claim #1340 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 28, 2010 Filing 1342 Proposed Form of Order Submitted Order Approving Settlement and Compromise and Limiting Notice Regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington). Filed by Stayton SW Assisted Living, L.L.C.. (Conway, Timothy)
June 28, 2010 Filing 1341 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Approve Settlement and Compromise and Motion to Limit Notice Regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington) #1326 . Ordered motion is GRANTED. Counsel Present: Paul Connolly, Timothy Conway, Kathleen Hopkins, Merrilee MacLean, Teresa Pearson and Francis Scollan. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion - Miscellaneous #1326 .) (jw)
June 25, 2010 Filing 1340 Unopposed Motion for Extension of Time to File Reply in Support of Response to Receiver's and CRO's Objections to Non-Mingled Property Claims. Filed by Crown Pointe Investors, Waterford in Bellevue TIC Investors. (Jacoby, Kevin)
June 25, 2010 Filing 1339 Memorandum in Opposition Reply Memorandum in Support of Hermiston Terrace Assisted Living LLC and Its Majority Members Opposition to Receiver's Objection to Non-Mingled Property Election Oral Argument requested. Filed by Hermiston Assisted Living LLC. (Jackson, Dillon)
June 25, 2010 Filing 1338 Brief Receiver's and CRO'S Statement Regarding Non-Opposition to Objections to Non-Mingled Property Claims. Filed by Michael Grassmueck. (Scollan, Francis)
June 25, 2010 Filing 1337 Response in Opposition LIMITED OBJECTION to Motion to Approve Settlement and Compromise and Motion to Limit Notice Regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington) #1326 Oral Argument requested. Filed by Secured TICs. (Attachments: #1 Attachment Henvy Obj Attachment) (Connolly, Paul)
June 25, 2010 Filing 1336 Declaration of Kristin L. Olson in Support of Request for Judicial Notice of Non-Conflict. Filed by Dan Thomas Construction, Inc. (Related document(s): Request #1335 .) (Attachments: #1 Exhibit 1) (Olson, Kristin)
June 25, 2010 Filing 1335 Request for Judicial Notice of Non-Conflict. Filed by Dan Thomas Construction, Inc. (Olson, Kristin)
June 24, 2010 Filing 1334 Notice APPLICATION FOR PROFESSIONAL COMPENSATION OF LUCE FORWARD AS SPECIAL COUNSEL TO RECEIVER MICHAEL A. GRASSMUECK FOR WORK RELATED TO SWP PROPERTY HOLDINGS, LP Filed by Michael Grassmueck (Attachments: #1 Exhibit A) (Larkins, William)
June 24, 2010 Filing 1333 Notice and Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Blackhurst, Steven)
June 23, 2010 Opinion or Order Filing 1332 Order regarding Motion to Approve Settlement and Compromise and Motion to Limit Notice Regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington) #1326 Oral Argument set for 6/28/2010 at 10:00AM is reset from in person to Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045 password 1111# and then follow the directions 5 minutes prior to hearing. (sln)
June 23, 2010 Opinion or Order Filing 1331 Scheduling Order by U.S. District Judge Michael R. Hogan. Order vacating hearing set 6/28/10 on objections to non-mingled property. Any remaining objections will be heard on July 13th at 10am. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 22, 2010 Filing 1330 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 6/21/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/2/2010. Redaction Request due 7/16/2010. Redacted Transcript Deadline set for 7/26/2010. Release of Transcript Restriction set for 9/23/2010. (Wilhelm, Deb)
June 22, 2010 Opinion or Order Filing 1329 Order limiting notice to the parties to the proposed settlement, the U.S. Trustee, and the parties receiving electronic case filing notice. Order regarding Motion to Approve Settlement and Compromise and Motion to Limit Notice Regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington) #1326 Oral Argument is set for 6/28/2010 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln)
June 21, 2010 Opinion or Order Filing 1328 Order Granting Application for Special Admission Pro Hac Vice for Gary A. Gotto for Southwestern College Application Fee in amount of $100 collected. Receipt No. 600005510 issued. Signed on 6/21/10 by U.S. District Judge Michael R. Hogan. (sln)
June 21, 2010 Filing 1326 Motion to Approve Settlement and Compromise and Motion to Limit Notice Regarding Fairway Group I, LLC (Office/Warehouse Property in Richland, Washington). Filed by Stayton SW Assisted Living, L.L.C.. (Conway, Timothy)
June 21, 2010 Filing 1325 MINUTES of Proceedings: Motion Hearing Held regarding Motion - Miscellaneous #1273 . Ordered Motion is GRANTED. Timothy Conway present. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion - Miscellaneous #1273 .) (jw)
June 18, 2010 Filing 1324 Declaration of Tim Harmon re Smart Park PH5 (in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1323 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Smart Park 5. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1322 Declaration of Tim Harmon Re Smart Park PH1 (in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1321 Declaration of Gregory A. Gadawski in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims (Smart Park I). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1320 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Smart Park I. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1319 Declaration of Tim Harmon RE Smart Park 3 (in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1318 Declaration of Gregory A. Gadawski in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims (Smart Park 3). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1317 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Smart Park 3. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1316 Declaration of Tim Harmon re Fairway Group I (in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1315 Declaration of Gregory A. Gadawski in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims (Fairway Group I). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1314 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Fairway Group I. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1313 Declaration of Gregory A. Gadawski in Support of Receiver and CRO's Reply on Non-Mingled Property Claims (Crown Pointe). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1312 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Crown Pointe. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1311 Declaration of Gregory A. Gadawski In Support of Receiver's and CRO's Reply on Non-Mingled Property Claims (Waterford in Bellevue). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1310 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Waterford in Bellevue. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1309 Declaration of Gregory A. Gadawski in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims (Hermiston Terrace). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1308 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim Regarding Hermiston Terrace. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1307 Declaration of Gregory A. Gadawski in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims (Lassen House). Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1306 Brief Receiver's and CRO's Reply to Opposition to Non-Mingled Property Claim by Lassen House. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1305 Declaration of Gregory Gadawski in Support of Receiver's and CRO's Reply on Non-Mingled Property Claims. Filed by Michael Grassmueck. (Scollan, Francis)
June 18, 2010 Filing 1304 Brief Receiver's and CRO's Reply to Opposition on Non-Mingled Property Claim Regarding Morgan Hills. Filed by Michael Grassmueck. (Scollan, Francis)
June 17, 2010 Opinion or Order Filing 1327 Order from USCA for the 9th Circuit re Notice of Appeal filed by Marvin Calhoun #954 . (sln)
June 17, 2010 Filing 1303 Notice and Fourteenth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
June 16, 2010 Filing 1302 Notice of Eleventh Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Statement of Experience Level, #2 Attachment Summary of Fees and Expenses, #3 Exhibit A itemized fees, #4 Exhibit B itemized expenses, #5 Exhibit C itemized expenses for UCC members, #6 Proposed Order, #7 Attachment Certificate of Service) (Elsaesser, Ford)
June 15, 2010 Filing 1301 Notice & Fourteenth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
June 15, 2010 Filing 1300 Notice & Sixth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
June 15, 2010 Filing 1299 Motion Seventh Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period May 1, 2010 through May 31, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
June 15, 2010 Opinion or Order Filing 1298 Order Amending Order 1294 to read: Order granting Tenth Interim Application for Payment of Vanden Bos & Chapman, LLP filed by Darryl E. Fisher 1168. This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates:Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1297 Order granting Notice of Filing of Billing Statement of Tonkon Torp LLP on Behalf of Thomas F. Biesiadecki #1219 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Jon R. Stride $375, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1296 Order granting Second Interim Application for Payment of Attorney Fees filed by David Thurber #1156 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Keith Ketterling $355, Jacob Gill $240, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1295 Order granting Eleventh Interim Application for Payment of Vanden Bos & Chapman, LLP filed by Darryl E. Fisher #1169 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1294 Order granting Tenth Interim Application for Payment of Vanden Bos & Chapman, LLP filed by Darryl E. Fisher #1168 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates:, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1293 Order granting Twelfth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement filed by Darryl E. Fisher #1174 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus 3.5 Travel Time at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1292 ORDER: Granting Motion for Attorney Fees for Ater Wynne LLP file by Darryl E. Fisher #1197 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1291 Order granting Notice of Fifth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period March 1, 2010 Through April 30, 2010 and Unbilled Time of Stewart Sokol & Gray, L LC for Period January 2010 Filed by Non-Insider LLC Member Group #1225 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Nancy L. Isserlis $300, David P. Gardner $150, John S. Stewart $395, Jan D. Sokol $325, Jamie Kilb $100, Marion J. Nelson $100, Laurel G. Wilson $65, Tyler J. Storti $225, Melissa J. Dalluhn $65, Robert B. Coleman $265, Thomas A. Larkin $295, Cassandra M. Rehn $95, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1290 Order granting Notice of Filing of Second Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC for the Period January 29, 2010 Through April 30, 2010 #1224 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: John Spencer Stewart $450, Thomas A. Larkin $295, Tyler J. Storti $225, Marion J. Nelson $100, Jamie Kilb $100, Laurel G. Wilson $65, Melissa L. Dalluhan $65, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1289 ORDER: Granting Eighth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the period March 1, 2010 through March 31, 2010 #1198 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 2.9 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, Anton Hasenkampf $150, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1288 Order granting Notice of Filing of Billing Statement and First Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust #1194 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Stephen English $450, Thomas Hutchinson $300, Margaret Van Valkenburg $285, Dayna Christian $290, Laura Caldera Taylor $295, Evelyn English $150, Julia Batdorff $100, Carol McLemore $100, Lisa Ratzlaff $100, Polly Plein $100, Stacie Standifer $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1287 Order granting Fifth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period March 1, 2010 Through March 31, 2010 #1172 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 6 hours at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 11, 2010 Opinion or Order Filing 1286 Order granting Notice of Tenth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. for February 2010 #1167 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 10, 2010 Opinion or Order Filing 1285 Order regarding Marilyn Williams' Petition requesting Notice of Claim be deemed timely #1273 Oral Argument is set for 6/21/2010 at 09:30AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Parties wishing to appear by telephone shall notify the clerk at 541-431-4104. (sln)
June 10, 2010 Filing 1283 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 6/8/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/21/2010. Redaction Request due 7/6/2010. Redacted Transcript Deadline set for 7/14/2010. Release of Transcript Restriction set for 9/13/2010. (Wilhelm, Deb)
June 9, 2010 Filing 1284 Supplemental Declaration of John R. Cosgrove in opposition to rescheduling of oral argument. Filed by Rebecca Hufford, Russell Cosgrove. (sln) Modified on 6/15/2010 corrected typographical error (sln).
June 9, 2010 Filing 1282 Supplemental Declaration of Kevin J. Jacoby in Support of Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Supplement #1281 .) (Attachments: #1 Exhibit 8) (Jacoby, Kevin)
June 9, 2010 Filing 1281 Supplement to Response to Receiver's and CRO's Objection to Non-Mingled Property Claim. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Memorandum in Opposition #1268 .) (Jacoby, Kevin)
June 8, 2010 Filing 1280 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion to Compel #1226 and Motion to Appoint #1191 . Motions are taken under advisement. John Cosgrove present as counsel for moveants. Also present: Marvin Calhoun. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion to Compel #1226 and Motion to Appoint #1191 .) (jw)
June 8, 2010 Filing 1279 Reply to Motion to Compel #1226 . Filed by Marvin Calhoun. (Calhoun, Marvin)
June 7, 2010 Filing 1278 Declaration of Kevin J. Jacoby in Support of Response to Receiver's and CRO's Objections to Non-mingled Property Claim. Filed by Crown Pointe Investors. (Related document(s): Memorandum in Opposition #1277 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Connolly, Paul)
June 7, 2010 Filing 1277 Memorandum in Opposition RESPONSE TO RECEIVER'S AND CRO'S OBJECTIONS TO NON-MINGLED PROPERTY CLAIM Oral Argument requested. Filed by Crown Pointe Investors. (Connolly, Paul)
June 7, 2010 Filing 1276 Motion Fifth Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period December 1, 2009 Through April 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Larkins, William)
June 7, 2010 Filing 1275 Objection to rescheduling of oral argument. Filed by Rebecca Hufford, Russell Cosgrove. (sln)
June 7, 2010 Opinion or Order Filing 1274 Order Marvin Calhoun's Request to reschedule oral argument set 6/8/10 on Motion to Appoint #1251 is denied. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 4, 2010 Opinion or Order Filing 1272 Order Memorandum in support of Lassen House LLC and it majority members opposition to Receiver/CRO's objection to Non-Mingled Property Election #1255 to the extent that it is a motion is denied without prejudice. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 4, 2010 Opinion or Order Filing 1271 ORDER: Granting Crown Pointe Investor's Motion for Extension of Time to 6/7/10 to File Response to Receiver's and CRO's Objections to Non-Mingled Property Claim #1270 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 4, 2010 Filing 1270 Motion for Extension of Time to File Response to Receiver's and CRO's Objections to Non-Mingled Property Claim. Filed by Crown Pointe Investors. (Jacoby, Kevin)
June 3, 2010 Filing 1273 Petition requesting Notice of Claim be deemed timely. Filed by Marilyn Williams. (sln)
June 3, 2010 Filing 1269 Declaration of Kevin J. Jacoby. Filed by Waterford in Bellevue TIC Investors. (Related document(s): Memorandum in Opposition #1268 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Errata 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7) (Connolly, Paul)
June 3, 2010 Filing 1268 Memorandum in Opposition RESPONSE TO RECEIVERS AND CROS OBJECTIONS TO NON-MINGLED PROPERTY CLAIM Oral Argument requested. Filed by Waterford in Bellevue TIC Investors. (Connolly, Paul)
June 3, 2010 Filing 1267 Declaration of Norman Brenden. Filed by Hermiston Assisted Living LLC. (Related document(s): Memorandum in Support, #1263 .) (Attachments: #1 Exhibit LP Agreement, #2 Exhibit LLC Operating Agreement, #3 Exhibit Management Agreement, #4 Exhibit 2005 Financial Statements) (Jackson, Dillon)
June 3, 2010 Filing 1266 Supplemental Declaration of Norman Brenden. Filed by Hermiston Assisted Living LLC. (Related document(s): Memorandum in Support, #1263 .) (Jackson, Dillon)
June 3, 2010 Filing 1265 Declaration of Dillon E. Jackson in support of Hermiston Terrace Assisted Living LLC and Its Majority Members' Objection to SEC Receiver's Proposed Distribution Plan. Filed by Hermiston Assisted Living LLC. (Related document(s): Memorandum in Support, #1263 .) (Jackson, Dillon)
June 3, 2010 Filing 1264 Supplement Position Summary filed for Hermiston Terrace Assisted Living LLC and Its Majority Members. Filed by Hermiston Assisted Living LLC. (Related document(s): Memorandum in Support, #1263 .) (Jackson, Dillon)
June 3, 2010 Filing 1263 Memorandum in Support of Hermiston Terrace Assisted Living LLC and Its Majority Members' Opposition to Receiver/CRO's Objection to Non-Mingled Property Election. Filed by Hermiston Assisted Living LLC. (Related document(s): Notice #1231 .) (Jackson, Dillon)
June 3, 2010 Filing 1262 Declaration of Eric Jacobsen in Support of Claim of Exclusion for Morgan Hill Senior Living Limited Partnership and Related Entities. Filed by Lassen House LLC. (Attachments: #1 Exhibit Exhibit to Declaration of Eric Jacobsen in Support of Claim of Exclusion (1), #2 Exhibit Exhibit to Declaration of Eric Jacobsen in Support of Claim of Exclusion (2), #3 Exhibit Exhibit to Declaration of Eric Jacobsen in Support of Claim of Exclusion (3)) (Berne, Steven)
June 3, 2010 Filing 1261 Declaration of Robert Price in Opposition to the Objection by Receiver and CRO Re: Non-Mingled Property Election - Smart Park PH 3, LLC. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Risken, Patrick)
June 3, 2010 Filing 1260 Response -Robert Price's Opposition to the Objection of Receiver and CRO Re: Non-Mingled Property Election - Smart Park PH 3, LLC. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Risken, Patrick)
June 3, 2010 Filing 1259 Declaration of Robert Price in Opposition to the Objection by Receiver and CRO Re: Non-Mingled Property Election - Smart Park PH 5, LLC. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Risken, Patrick)
June 3, 2010 Filing 1258 Response -Robert Price's Opposition to the Objection of the Receiver and CRO RE: Non-Mingled Property Election - Smart Park PH 5, LLC. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Risken, Patrick)
June 3, 2010 Filing 1257 Supplemental Declaration of Eric Jacobsen in Support of Memorandum in Support of Lassen House LLC's Opposition to Receiver/CRO's Objection to Non-Mingled Property Election. Filed by Lassen House LLC. (Berne, Steven)
June 3, 2010 Filing 1256 Declaration of Robert Price in Opposition to the Objection by Receiver and CRO Re: Non-Mingled Property Election - Smart Park PH 1, LLC, Sale Proceeds. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Attachments: #1 Exhibit Price Declaration Part 3, #2 Exhibit Price Declaration Part 4, #3 Exhibit Price Declaration Part 2) (Risken, Patrick)
June 3, 2010 Filing 1255 Response Lassen House LLC's Opposition to Receiver/CRO's Objection to Non-Mingled Property Election. Filed by Lassen House LLC. (Related document(s): Notice #1231 .) (Berne, Steven)
June 3, 2010 Filing 1254 Response - Opposition to the Objection of Receiver and CRO RE: Non-Mingled Property Election - Smart Park PH 1, LLC Sale Proceeds. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Risken, Patrick)
June 3, 2010 Filing 1253 Declaration of Robert Price in Opposition to the Objection of Receiver and CRO RE: Non-Mingled Property Election - Fairway Group I, LLC. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Attachments: #1 Exhibit Price Declaration Part 2, #2 Exhibit Fairway Price Decl Part 3) (Risken, Patrick)
June 3, 2010 Filing 1252 Response Robert Price's Opposition to the Objection of the Receiver and CRO Re: Non-Mingled Property Election-Fairway Group I, LLC. Filed by Robert E Price. (Related document(s): Notice #1231 .) (Risken, Patrick)
June 3, 2010 Filing 1251 Response Request to Reschedule Oral Argument to Motion to Appoint #1191 . Filed by Marvin Calhoun. (Calhoun, Marvin)
June 3, 2010 Filing 1250 Motion Seventh Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit C) (Larkins, William)
June 2, 2010 Opinion or Order Filing 1249 ORDER: based upon the notice of withdrawal, Founder's Motion for Claims Bar #1241 is denied without prejudice. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 2, 2010 Filing 1248 Notice re Motion - Miscellaneous #1241 Notice of Withdrawal of Founders' Motion for Claims Bar, Filed by Jon M. Harder (Related document(s): Motion - Miscellaneous #1241 .) (VanSpeybroeck, David)
June 1, 2010 Filing 1247 Motion Sixth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period April 1, 2010 Through April 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Larkins, William)
May 27, 2010 Filing 1246 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
May 27, 2010 Opinion or Order Filing 1245 Order setting Rebecca Hufford and Russell Cosgrove's Motion to Compel #1226 for Oral Argument for 6/8/2010 at 11:00AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline at 541-431-4045 password 1111 prior to the hearing. (sln)
May 27, 2010 Filing 1244 Certificate of Service by Jon M. Harder of Motion Founders' Motion for Claims Bar #1241 , Declaration of David VanSpeybroeck in support, and proposed Order Approving a Claims Bar Filed by Jon M. Harder. (VanSpeybroeck, David)
May 27, 2010 Filing 1243 Proposed Form of Order Submitted re Founders' Motion for Claims Bar. Filed by Jon M. Harder. (VanSpeybroeck, David)
May 27, 2010 Filing 1242 Declaration of David VanSpeybroeck in Support of Founders' Motion for Claims Bar. Filed by Jon M. Harder. (Related document(s): Motion - Miscellaneous #1241 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (VanSpeybroeck, David)
May 27, 2010 Filing 1241 Motion Founders' Motion for Claims Bar. Filed by Jon M. Harder. (VanSpeybroeck, David)
May 26, 2010 Opinion or Order Filing 1240 Order setting Rebecca Hufford and Russell Cosgrove's Motion for Appointment of Arbitrator to succeed Judge Lyle C. Velure (Hawthorne Gardens' TIC) #1191 for Oral Argument for 6/8/2010 at 11:00AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline at 541-431-4045 password 1111 prior to the hearing. (sln)
May 26, 2010 Opinion or Order Filing 1239 ORDER: Granting Receiver's Motion For Order Extending Deadline to 7/30/10 for Commencing Third Party Claims and Avoidance Actions #1236 . Signed on 5/26/10 by U.S. District Judge Michael R. Hogan. (sln)
May 25, 2010 Filing 1238 Notice and Twelfth and Thirteenth Applications for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
May 24, 2010 Appeal Record Returned 09-35250 returned from the Ninth Circuit regarding Notice of Appeal - Preliminary Injunction #109 . (sln)
May 24, 2010 Filing 1237 Motion for Attorney Fees /Ninth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver, for the Period April 1, 2010 through April 30, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B) (Osias, David)
May 24, 2010 Filing 1236 Ex Parte Motion For Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of David Zaro, #3 Proposed Order) (Scollan, Francis)
May 20, 2010 Filing 1235 Notice of Substitution of Party in Interest Filed by New South Federal Savings Bank (Kosydar, Christine)
May 17, 2010 Filing 1234 Response. Filed by Spring Pointe, LLC. (Related document(s): Notice #1231 .) (Field, Joseph)
May 17, 2010 Filing 1233 Notice and Fifth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
May 17, 2010 Filing 1232 Notice and Thirteenth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
May 12, 2010 Filing 1231 Notice of Receiver's and CRO's Objections to Non-Mingled Property Claims Filed by Michael Grassmueck (Scollan, Francis)
May 7, 2010 Opinion or Order Filing 1230 Order Granting Motion for Seventh Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Counsel to the Receiver for the Period February 1, 2010 through February 28, 2010 #1153 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, Anton Hasenkampf $150, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 7, 2010 Opinion or Order Filing 1229 Order Granting Motion for 6th Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period January 1, 2010 through January 31, 2010 #1129 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 4.6 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, Anton Hasenkampf $150, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 7, 2010 Opinion or Order Filing 1228 Order regarding Notice of Filing of First Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC for the Period October 29, 2009 Through January 28, 2010 #1076 . Application for Compensation granted in CV 09-6082-HO Order #1186 Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 7, 2010 Opinion or Order Filing 1227 Order granting Notice of Ninth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period January 1, 2010, through January 31, 2010 #1152 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 7, 2010 Filing 1225 Notice of Fifth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period March 1, 2010 Through April 30, 2010 and Unbilled Time of Stewart Sokol & Gray, LLC for Period January 2010 Filed by Non-Insider LLC Member Group (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
May 6, 2010 Filing 1224 Notice of Filing of Second Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC for the Period January 29, 2010 Through April 30, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
May 5, 2010 Filing 1226 Petition to Compel and Reply to Motion to Appointment of an arbitrator #1191 . Filed by Rebecca Hufford, Russell Cosgrove. (sln) Modified on 5/27/2010 (sln).
April 28, 2010 Opinion or Order Filing 1223 Order extending Bare Land Election from 4/30/10 to 5/14/10. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 28, 2010 Opinion or Order Filing 1222 Order granting motion #1157 approving Bare Land Election terms of Distribution Plan of Receiver and Chief restructuring Officer for Sunwest Enterprise Signed on 4/27/10 by U.S. District Judge Michael R. Hogan. (sln)
April 27, 2010 Filing 1221 Response to Motion to Appoint #1191 . Filed by Marvin Calhoun. (Calhoun, Marvin)
April 27, 2010 Filing 1220 Notice of Appearance of R. Scott Jerger appearing on behalf of Spring Pointe, LLC Filed by on behalf of Spring Pointe, LLC (Jerger, R.)
April 26, 2010 Filing 1219 Notice of Filing of Billing Statement of Tonkon Torp LLP on Behalf of Thomas F. Biesiadecki Filed by Thomas F. Biesiadecki (Stride, Jon)
April 23, 2010 Filing 1216 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Motion - Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise #1157 . Motion is taken under advisement. Counsel Present: John Albert, Melissa Briggs, David Dean, A. Kenneth Hennesay, Kevin Jacoby, Merrilee MacLean, Michael Petersen, Rohn Roberts (in person), and Lyle Velure (in person). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document(s): Motion - Miscellaneous #1157 .) (jw)
April 22, 2010 Filing 1218 Findings of Fact and Conclusions of Law in support of order granting Preliminary Injunction and appointing Receiver[revised as referenced in oral argument] [docket 64], entered upon remand for adequate findings. Signed on 4/22/10 by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Filing 1217 Amended Order granting preliminary injunction and receiver, upon remand. Signed on 4/22/10 by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Filing 1215 Response in Opposition to Receiver's Supplement to Motion Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise; [Expedited Hearing Requested] #1157 Oral Argument requested. Filed by Connolly Bare Lands Investors. (Attachments: #1 Exhibit A) (Jacoby, Kevin)
April 22, 2010 Filing 1214 Memorandum in Opposition to Receiver's Supplement to to Motion Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise; [Expedited Hearing Requested] #1157 Oral Argument requested. Filed by Bare Land Intervenors. (Dean, David)
April 22, 2010 Opinion or Order Filing 1213 Order granting Notice and Fourth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order #1141 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thonton $400, Justin C. Jones $250, Kathleen A. Rockne $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1212 Order granting Notice of Fourth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period January 1, 2010 through February 28, 2010 #1137 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Nancy L. Isserlis $300, David P. Gardner $150, John S. Stewart $395, Jan D. Sokol $325, Jamie Kilb $100, Marion J. Nelson $100, Laurel G. Wilson $65, Tyler J. Storti $225, Melissa J. Dalluhn $65, Robert B. Coleman $265, Thomas A. Larkin $295, Cassandra M. Rehn $95, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1211 Order granting Fourth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period January 1, 2010 Through February 28, 2010 #1130 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours minus Travel Time of 6.40 hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1210 Order granting J. Wallace Gutzler's Notice and Ninth, Tenth, and Eleventh Applications for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order #1128 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, J. Wilson $80, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1209 Order Granting Darryl E. Fisher's Motion for Attorney Fees for Ater Wynne LLP #1127 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1208 Order granting Notice of Eighth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Marks Elliott & Macdonald, Chtd., for Period December 1, 2009, through December 31, 2009 #1115 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1207 Order granting David Thurber's Notice and Application for Payment of Attorney Fees Pursuant to CRO Agreement and Court Order #1106 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Keith Ketterling $355, Jacob Gill $240, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1206 Order granting Darryl E. Fisher's Notice and 9th Interim Application for payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order #1105 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1205 Order granting Notice of Seventh Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Marks Elliott & Macdonald, Chtd., for Period November 1, 2009, through November 30, 2009 #1099 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1204 Order Granting Darryl E. Fisher's Motion for Attorney Fees for Ater Wynne, LLP #1098 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Opinion or Order Filing 1203 Order Granting Third Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period August 1, 2009 Through December 31, 2009 #1096 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 25 hours at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Filing 1202 Stipulated Order Approval of Settlement Between Yakima Medical School Holdings, LLC, Stayton SW Assisted Living, L.L.C., Pacific Northwest University of Health Sciences, Rocky Mountain Bank & Trust, and Certain TIC Owners Signed on 4/22/10 by U.S. District Judge Michael R. Hogan. (sln)
April 22, 2010 Filing 1201 Amended Proposed Form of Order Submitted re Approving Bare Land Election Terms of Distribution Plan. Filed by Michael Grassmueck. (Attachments: #1 Exhibit Exhibit A) (Hennesay, A.)
April 22, 2010 Filing 1200 Declaration of Michael A. Grassmueck in Support of Supplement to Application for Approval of Bare Land Election Terms of Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Supplement #1199 .) (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit C) (Hennesay, A.)
April 22, 2010 Filing 1199 Supplement to Application for Approval of Bare Land Election Terms of Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #1157 .) (Hennesay, A.)
April 21, 2010 Filing 1198 Motion for Attorney Fees /Eighth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the period March 1, 2010 through March 31, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B) (Osias, David)
April 20, 2010 Filing 1197 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
April 20, 2010 Filing 1196 Stipulated Proposed Form of Order Submitted Approving Settlement Between Yakima Medical School Holdings, LLC, Stayton SW Assisted Living, L.L.C., Pacific Northwest University of Helth Sciences, Rocky Mountain Bank & Trust, and Certain TIC Owners. Filed by Stayton SW Assisted Living, L.L.C.. (Kennedy, Albert)
April 20, 2010 Filing 1195 Stipulated Motion for Approval of Settlement Between Yakima Medical School Holdings, LLC, Stayton SW Assisted Living, L.L.C., Pacific Northwest University of Health Sciences, Rocky Mountain Bank & Trust, and Certain TIC Owners. Filed by Stayton SW Assisted Living, L.L.C.. (Kennedy, Albert) Modified text on 4/22/2010 (sln).
April 19, 2010 Filing 1194 Notice of Filing of Billing Statement and First Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, Filed by Bullivant Houser Bailey PC (English, Stephen)
April 19, 2010 Opinion or Order Filing 1193 Order from USCA for the 9th Circuit dismissing Notice of Appeal #1138 by Jonathan Lee Riches. (sln)
April 19, 2010 Opinion or Order Filing 1192 ORDER: Granting Receiver's Motion for approval of receiver's employment of Stephen A. Houze as counsel to receiver in matters related to criminal law #1173 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 19, 2010 Filing 1190 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral argument held on 4/9/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. . Notice of Intent to Redact Transcript is due by 4/29/2010. Redaction Request due 5/13/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/21/2010. (Wilhelm, Deb)
April 16, 2010 Filing 1189 Notice of Attorney Substitution:Attorney Adam H. Dittman is substituted as counsel of record in place of Attorney Benjamin R. LauritsenFiled by New South Federal Savings Bank, Centerline Servicing, Inc., LNR Partners, Inc. (Lauritsen, Benjamin)
April 16, 2010 Filing 1188 Notice Budget (proposed) for April through December 2010 for Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. Filed by Unsecured Creditors Committee (Elsaesser, Ford)
April 16, 2010 Opinion or Order Filing 1187 Order - The Parties are directed to call the bridgeline 541-431-4045 password 1111 (10 minutes) prior to the 9am hearing on 4/23/10 on the Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise #1157. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 4/19/2010 (sln).
April 15, 2010 Filing 1191 Motion for Appointment of Arbitrator to succeed Judge Lyle C. Velure. Filed by Rebecca Hufford, Russell Cosgrove. (sln)
April 15, 2010 Filing 1186 Notice Proposed Budget for Stoll Stoll Berne Lokting & Shlachter P.C. Counsel for John David Thurber for the Period April 1, 2010 Through December 31, 2010 Filed by David Thurber (Ketterling, Keith)
April 15, 2010 Filing 1185 Notice of Ater Wynne LLP's Proposed Budget for Fees for April through December 2010 Filed by Darryl E. Fisher (Blackhurst, Steven)
April 15, 2010 Filing 1184 Notice Proposed Budget for Perkins Coie LLP Counsel for Relief Defendant J. Wallace Gutzler Filed by J. Wallace Gutzler (Johnson, Thomas)
April 15, 2010 Filing 1183 Notice re Order, 1154 of Proposed Budget for Professionals Employed by Debtor Spring Pointe, LLC Filed by Spring Pointe, LLC (Related document(s): Order, 1154 .) (Field, Joseph)
April 15, 2010 Filing 1182 Notice of Budget for Special Counsel for the Receivership Entities Haglund Kelley Filed by Clyde A. Hamstreet CRO (Haglund, Michael)
April 15, 2010 Opinion or Order Filing 1181 Scheduling Order by U.S. District Judge Michael R. Hogan Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise #1157 ORAL ARGUMENT IS CONTINUED FROM 4/16/10 to 4/23/2010 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 15, 2010 Filing 1180 Notice of Proposed Budget for Bullivant Houser Bailey PC, Special Mediation Counsel for Receiver/Sunwest Litigation Trust Filed by Bullivant Houser Bailey PC (English, Stephen)
April 15, 2010 Filing 1179 Notice of Budget for Professional Retained by Carol and Darryl Fisher (Vanden Bos & Chapman, LLP) Filed by Darryl E. Fisher (Vanden Bos, Robert)
April 15, 2010 Filing 1178 Notice Budget for Professional Retained by Carol and Darryl Fisher (Thornton Byron, LLP)(Tax Counsel) Filed by Darryl E. Fisher (Vanden Bos, Robert)
April 15, 2010 Filing 1177 Notice Budget for Professional Retained by Carol and Darryl Fisher (Mack Roberts & Co, LLC)(CPA's) Filed by Darryl E. Fisher (Vanden Bos, Robert)
April 15, 2010 Filing 1176 Stipulation to lift preliminary injunction #1175 by Dan Thomas Construction, Inc. Filed by Dan Thomas Construction, Inc. (sln)
April 15, 2010 Filing 1175 Motion to lift preliminary injunction. Filed by Dan Thomas Construction, Inc. (sln)
April 15, 2010 Filing 1174 Notice and Twelfth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
April 15, 2010 Filing 1173 Motion Application for Approval of Receiver's Employment of Stephen A. Houze as Counsel to Receiver in Matters Related to Criminal Law. Filed by Michael Grassmueck. (Larkins, William)
April 14, 2010 Filing 1172 Motion Fifth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period March 1, 2010 Through March 31, 2010. Filed by Michael Grassmueck. (Larkins, William)
April 14, 2010 Filing 1171 Certificate of Service by Michael Grassmueck of Order on Motion - Miscellaneous, #1163 Filed by Michael Grassmueck. (Larkins, William)
April 13, 2010 Opinion or Order Filing 1170 Order by U.S. District Judge Michael R. Hogan amending Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property #1163 to the extent that claimants may file a reply brief on or before NOON on June 25, 2010. Order Hearing on any unresolved objections to any claims or elections concerning non-mingled property is set for 6/28/2010 at 10:00AM in Eugene before U.S. District Judge Michael R. Hogan. (sln) Modified on 4/13/2010 corrected typographical error (sln).
April 13, 2010 Filing 1169 Notice and Eleventh Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
April 13, 2010 Filing 1168 Notice and Tenth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
April 12, 2010 Filing 1167 Notice of Tenth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd. for February 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re Experience, #2 Exhibit A: Fees, #3 Exhibit B: Costs, #4 Proposed Order, #5 Attachment certificate of service) (Elsaesser, Ford)
April 9, 2010 Filing 1166 Proposed Notice of Budget for Professionals on Behalf of Non-Insider LLC Member Group April 1, 2010 Through December 31, 2010 Filed by Non-Insider LLC Member Group (Stewart, John)
April 9, 2010 Filing 1165 Proposed Notice of Budget for Stewart Sokol & Gray LLC Mediation Counsel for Receiver/Sunwest Litigation Trust for the Period April 1, 2010 through December 31, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
April 9, 2010 Opinion or Order Filing 1164 Order setting Motion Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise; #1157 for Oral Argument for 4/16/2010 at 09:00AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridgeline 541-431-4045 password 1111 (10 minutes) prior to the 9am hearing. (sln)
April 9, 2010 Opinion or Order Filing 1163 ORDER: Granting Emergency Motion of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan #1146 . Signed on 4/9/10 by U.S. District Judge Michael R. Hogan. (sln)
April 9, 2010 Filing 1162 MINUTES of Proceedings: Telephone Motion Hearing Held regarding Emergency Motion - Miscellaneous (of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan) #1146 . Ordered motion taken under advisement. Counsel present: Paul Connolly, Ford Elsaesser, Stephen English, Michael Gehl, James Hein, Dillon Jackson, Kevin Jacoby, Scott Jerger, Richard Lerner, Merrilee MacLean, Teresa Pearson, Patrick Risken, Paul Slye, and David Zaro. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document(s): Motion - Miscellaneous #1146 .) (jw)
April 8, 2010 Filing 1161 Reply of Receiver and CRO to Limited Objections to Emergency Motion of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan #1146 . Filed by Michael Grassmueck. (Attachments: #1 Proposed Order (Amended), #2 Exhibit 1, Amended Proposed Notice of Election Form) (Scollan, Francis)
April 7, 2010 Filing 1160 Proposed Form of Order Submitted [Proposed] Order Approving Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Hennesay, A.)
April 7, 2010 Filing 1159 Declaration of Clyde A. Hamstreet, CRO In Support Of Application For Approval Of Bare Land Election Terms Of Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #1157 .) (Attachments: #1 Exhibit A) (Hennesay, A.)
April 7, 2010 Filing 1158 Memorandum in Support Memorandum Of Points And Authorities In Support Of Approval Of Bare Land Terms Of Proposed Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #1157 .) (Hennesay, A.)
April 7, 2010 Filing 1157 Motion Application For Approval Of Bare Land Election Terms Of Distribution Plan Of Receiver And Chief Restructuring Officer For Sunwest Enterprise; [Expedited Hearing Requested]. Filed by Michael Grassmueck. (Hennesay, A.)
April 7, 2010 Filing 1156 Notice and Second Interim Applicatoin for Payment of Attorney Fees Pursuant to CRO Agreement and Court Order Filed by David Thurber (Ketterling, Keith)
April 7, 2010 Filing 1155 Response in Opposition /Objection to Emergency Motion of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan #1146 . Filed by Robert E Price. (Risken, Patrick)
April 6, 2010 Opinion or Order Filing 1154 Order - All entities filing applications for professional compensation pursuant to the Order Granting Preliminary Injunction and Appointing a Receiver in this case and/or Order Suspending Proceedings in case number 09-6074, shall file with the court, no later than April 15, 2010, a budget for fees for the period of April 1, 2010 through December 31, 2010. Parties shall also include amount of past monthly billings. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 5, 2010 Filing 1153 Motion for Attorney Fees /Seventh Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis, LLP as Counsel to the Receiver for the Period February 1, 2010 through February 28, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B) (Osias, David)
April 5, 2010 Filing 1152 Notice of Ninth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period January 1, 2010, through January 31, 2010 Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Statement of Experience Level, #2 Attachment Summary of Fees and Expenses, #3 Exhibit A: Itemized Fees for January 2010, #4 Exhibit B: Itemized Costs for January 2010, #5 Proposed Order, #6 Attachment Certificate of Service) (Elsaesser, Ford)
April 2, 2010 Filing 1151 Objection(s) SPRING POINTES LIMITED OBJECTION TO RECEIVERS AND CROS EMERGENCY MOTION. Filed by Spring Pointe, LLC. (Related document(s): Motion - Miscellaneous, #1146 .) (Field, Joseph)
April 2, 2010 Filing 1150 Response in Limited Objection to Emergency Motion of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan #1146 Oral Argument requested. Filed by Waterford in Bellevue TIC Investors. (Jacoby, Kevin)
April 2, 2010 Opinion or Order Filing 1149 ORDER: Granting Motion extending deadline for commencing third party claims and avoidance actions #1142 . Signed on 4/2/10 by U.S. District Judge Michael R. Hogan. (sln)
April 2, 2010 Opinion or Order Filing 1148 Order Receiver's and CRO's Emergency Motion for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan #1146 is set for Oral Argument for 4/9/2010 at 11:00AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line 541-431-4045 password 1111 prior to 11am for the hearing. (sln)
April 2, 2010 Filing 1147 Response in Opposition Hermiston Terrace Assisted Living, LLC's Limited Objection to Motion for Bar Date and Non-Mingled Property Election Criteria and Procedures to Emergency Motion of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan #1146 Oral Argument requested. Filed by Hermiston Assisted Living LLC. (Jackson, Dillon)
April 1, 2010 Filing 1146 Emergency Motion of Receiver and CRO for Order Establishing Bar Date for Non-Mingled Property Election and Summary Procedures for Adjudicating Claims for Non-Mingled Property Pursuant to Section IX.A of the Distribution Plan. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A Notice of Election Form For Non-Mingled Property Election, #2 Proposed Order) (Scollan, Francis)
March 31, 2010 Filing 1145 Proposed Form of Order Submitted on Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Scollan, Francis)
March 31, 2010 Filing 1144 Declaration of Stephen Walters In Support of Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #1142 .) (Scollan, Francis)
March 31, 2010 Filing 1143 Memorandum in Support of Application for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #1142 .) (Scollan, Francis)
March 31, 2010 Filing 1142 Motion for Order Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Scollan, Francis)
March 26, 2010 Filing 1141 Notice and Fourth Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
March 24, 2010 Opinion or Order Filing 1140 Order Notice of Filing Billing Statements Filed by Grove, Mueller & Swank, P.C. #1023 is denied without prejudice to be revisited at the conclusion of the pending litigation in Civil 09-650-HO. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 23, 2010 Opinion or Order Filing 1139 Order - the proof of claim deadline is extended to 4/30/10; the deadline for making elections under the Distribution Plan is extended to 4/30/10; Signed on 3/23/10 by U.S. District Judge Michael R. Hogan. (sln)
March 19, 2010 Filing 1137 Notice of Fourth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period January 1, 2010 through February 28, 2010 Filed by Non-Insider LLC Member Group (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
March 19, 2010 Filing 1136 Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver Filed by Michael Grassmueck (Larkins, William)
March 18, 2010 Filing 1135 Notice of Attorney Withdrawal: Filed by Kurtz's Canyon Crest, Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC (Pierson, Kit)
March 17, 2010 Filing 1134 Notice of Regulatory Action by Oregon Department of Human Services Filed by State of Oregon Department of Human Services (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
March 17, 2010 Filing 1133 Notice of Change of Address Filed by Sunwest Management, Inc. (Haglund, Michael)
March 17, 2010 Filing 1132 Notice of Interested Party to Receive Electronic Notices Filed by Michael Grassmueck (Larkins, William)
March 16, 2010 Filing 1130 Motion Fourth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period January 1, 2010 Through February 28, 2010. Filed by Michael Grassmueck. (Larkins, William)
March 15, 2010 Filing 1138 Notice of Appeal to the 9th Circuit from Order on motion to intervene 1111 . Filed by Jonathan Lee Riches. (sln)
March 15, 2010 Filing 1129 Motion for Attorney Fees /6th Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period January 1, 2010 through January 31, 2010. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B) (Osias, David)
March 12, 2010 Filing 1128 Notice and Ninth, Tenth, and Eleventh Applications for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Johnson, Thomas)
March 12, 2010 Filing 1127 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
March 9, 2010 Opinion or Order Filing 1126 Order granting Notice of Sixth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Marks Elliott & Macdonald, Chtd., for Period October 1, 2009, through October 31, 2009 #1087 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1125 Order granting Notice and Eighth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement #1085 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1124 Order granting Notice and Third Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement #1084 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thonton $400, Justin C. Jones $250, Kathleen A. Rockne $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1123 Order granting Notice of Second Interim Application for Professional Compensation of Haglund Kelley #1082 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael Haglund $300, Shay S. Scott $250, Kent Kelly $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1122 ORDER: Granting Fifth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the Period December 1, 2009 through December 31, 2009 #1077 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus travel time of 24.8 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1121 ORDER: Granting Darryl E. Fisher's Motion for Attorney Fees for Ater Wynne LLP #1070 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1120 Order granting J. Wallace Gutzler's Notice and Eighth Application for Payment of Attorneys Fees Pursuant to CRO Agreement #1069 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 9, 2010 Opinion or Order Filing 1119 Order granting Non-Insider LLC Member Group's Notice of Third Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period November 1, 2009 Through December 31, 2009 #1064 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Nancy L. Isserlis $300, David P. Gardner $150, John S. Stewart $395, Jan D. Sokol $325, Jamie Kilb $100, Marion J. Nelson $100, Laurel G. Wilson $65, Tyler J. Storti $225, Melissa J. Dalluhn $65, Robert B. Coleman $265, Thomas A. Larkin $295, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 8, 2010 Filing 1131 Mail Returned - Undeliverable: Order on motion to intervene 1111 sent to Milton Obote returned as undeliverable. (sln)
March 8, 2010 Opinion or Order Filing 1118 Order granting Darryl E. Fisher's Notice and Seventh Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement for Vanden Bos & Chapman #1014 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 8, 2010 Opinion or Order Filing 1117 Order granting Notice and Seventh Application for Payment of Attorneys Fees Pursuant to CRO Agreement filed by J. Wallace Gutzler #1010 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 8, 2010 Opinion or Order Filing 1116 ORDER: Granting Darryl E. Fisher's Motion for Attorney Fees for Ater Wynne #1001 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 6, 2010 Filing 1115 Notice of Eighth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Marks Elliott & Macdonald, Chtd., for Period December 1, 2009, through December 31, 2009 Filed by Unsecured Creditors Committee (Attachments: #1 Schedule A: Statement of Experience, #2 Exhibit A: Fees, #3 Exhibit B: costs, #4 Exhibit C: UCC expenses reimbursement, #5 Proposed Order, #6 Attachment Certificate of Service) (Elsaesser, Ford)
March 2, 2010 Opinion or Order Filing 1114 ORDER: Granting Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, LLC's Motion for relief from preliminary injunction #1028 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 26, 2010 Opinion or Order Filing 1113 Stipulation and Order granting Ventas Realty Limited Partnership relief from injunction as to Peachtree Village Retirement, LLC and Rainbow GF, LLC. Signed on 2/26/10 by U.S. District Judge Michael R. Hogan. (sln)
February 26, 2010 Opinion or Order Filing 1112 Order from USCA for the 9th Circuit re Notice of Appeal - Preliminary Injunction #109 . The Court notes that the sixty (60) day extension of the injunction referenced in the disposition was intended to commence upon issuance of the mandate. (sln)
February 24, 2010 Opinion or Order Filing 1111 ORDER: Denying Jonathan Riches, Milton Obote and Idi Amin's Motion to Intervene #1107 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 23, 2010 Filing 1110 Notice of Correspondence to Judge Hogan Filed by Michael Grassmueck (Hennesay, A.)
February 22, 2010 Filing 1109 MANDATE of USCA for the 9th Circuit re Notice of Appeal - Preliminary Injunction #109 , Notice of Appeal - Preliminary Injunction #850 . The decision of the District Court is affirmed in part, reversed and remanded in part. (sln)
February 22, 2010 Filing 1108 Stipulation & Order Granting Ventas Realty Relief from Injunction as to Peachtree and Rainbow by Ventas Realty, Limited Partnership. Filed by Ventas Realty, Limited Partnership. (Carson, Christopher)
February 19, 2010 Filing 1106 Notice and Application for Payment of Attorney Fees Pursuant to CRO Agreement and Court Order Filed by David Thurber (Ketterling, Keith)
February 19, 2010 Filing 1105 Notice and 9th Interim Application for payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
February 18, 2010 Filing 1107 Motion to Intervene. Filed by Milton OBote, Jonathan Lee Riches, Idi Amin. (sln)
February 17, 2010 Filing 1104 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 2/16/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. . Notice of Intent to Redact Transcript is due by 3/1/2010. Redaction Request due 3/15/2010. Redacted Transcript Deadline set for 3/23/2010. Release of Transcript Restriction set for 5/21/2010. (Wilhelm, Deb)
February 16, 2010 Opinion or Order Filing 1103 Order regarding Order on Motion - Miscellaneous, 1102 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The minute order is amended to add the following: It is ordered that Jon M. Harder's stipulation to and entry into the State of Oregon's Order to Cease and Desist, Order Denying Exemptions, License Application Bar, Order Assessing Civil Penalties, Voluntary Surrender of License, and Consent to Entry of Order is approved. (lae)
February 16, 2010 Filing 1102 Minutes of Proceedings: Telephone Motion Hearing held 2/16/10 before the Honorable Michael R. Hogan regarding Motion for Court Approval of Jon M. Harder's Consent to Entry of the State of Oregon's Order #1073 . Ordered unopposed motion #1073 granted. Counsel present: Stephen English. (Court Reporter: Deb Wilhelm). Ordered by U.S. District Judge Michael R. Hogan. (lae)
February 16, 2010 Filing 1101 Notice of Attorney Withdrawal: Filed by Kurtz's Canyon Crest (Ryon, Anna)
February 12, 2010 Filing 1100 Certificate of Service by Unsecured Creditors Committee of Notice, #1099 (Attachments: #1 Exhibit A) Filed by Unsecured Creditors Committee. (Elsaesser, Ford)
February 12, 2010 Filing 1099 Notice of Seventh Interim Applicatoin for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Marks Elliott & Macdonald, Chtd., for Period November 1, 2009, through November 30, 2009, Filed by Unsecured Creditors Committee (Attachments: #1 Supplement Re Experience, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order Exhibit C) (Elsaesser, Ford)
February 11, 2010 Filing 1098 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
February 11, 2010 Opinion or Order Filing 1097 ORDER: Granting DWT's Motion to Cancel/Postpone Hearing #1094 . Order hearing set 2/16/10 on DWT's Motion for Clarification #1042 and TIC Committee's Motion for Joinder to DWT Motion for Clarification #1054 are vacated, to be reset at a later date, if necessary. Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 11, 2010 Filing 1096 Motion Third Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period August 1, 2009 Through December 31, 2009. Filed by Michael Grassmueck. (Larkins, William)
February 10, 2010 Filing 1095 Declaration of Joseph C. Arellano. Filed by Davis Wright Tremaine LLP. (Related document(s): Request #1094 .) (Keppler, Daniel)
February 10, 2010 Filing 1094 Unopposed Request to Cancel/Postpone Hearing on Motion for Clarification. Filed by Davis Wright Tremaine LLP. (Keppler, Daniel)
February 8, 2010 Filing 1093 MANDATE of USCA for the 9th Circuit re Notice of Appeal #906 by Eric Jacobsen. The notice of appeal is dismissed. (sln)
February 8, 2010 Filing 1092 Response to Motion for Relief From Preliminary Injunction on Behalf of Intervenor-Defendants #1028 . Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
February 7, 2010 Filing 1091 Declaration of Vicki Holland. Filed by Grove, Mueller & Swank, P.C.. (Knapp, Michael)
February 7, 2010 Filing 1090 Response to Objections of Stayton SW Assisted Living, LLC to Notice of filing of Billing Statements. Filed by Grove, Mueller & Swank, P.C.. (Attachments: #1 Attachment Declaration of Vicki Holland) (Knapp, Michael)
February 7, 2010 Filing 1089 Response to Objections of the Receiver to Notice of Filing of Billing Statements. Filed by Grove, Mueller & Swank, P.C.. (Attachments: #1 Attachment Declaration of Vicki Holland) (Knapp, Michael)
February 6, 2010 Filing 1088 Certificate of Service by Unsecured Creditors Committee of Notice, #1087 (Attachments: #1 Attachment) Filed by Unsecured Creditors Committee. (Elsaesser, Ford)
February 6, 2010 Filing 1087 Notice of Sixth Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Marks Elliott & Macdonald, Chtd., for Period October 1, 2009, through October 31, 2009 Filed by Unsecured Creditors Committee (Attachments: #1 Schedule A: Supplement Re Experience, #2 Exhibit A: Fees for Services, #3 Exhibit B: Expenses, #4 Proposed Order Proposed Order) (Elsaesser, Ford)
February 5, 2010 Opinion or Order Filing 1086 ORDER: Vestin Realty Mortgage I, Inc, Vestin Realty Mortgage II, Inc and Vestin Fund III, LLC's Motion to Intervene #1025 denied as moot. Ordered by U.S. District Judge Michael R. Hogan. (sln)
February 5, 2010 Filing 1085 Notice and Eighth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
February 5, 2010 Filing 1084 Notice and Third Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
February 5, 2010 Filing 1083 Notice and Second Interim Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
February 4, 2010 Filing 1082 Notice of Second Interim Application for Professional Compensation of Haglund Kelley Filed by Sunwest Management, Inc. (Attachments: #1 Exhibit) (Haglund, Michael)
February 4, 2010 Filing 1081 Declaration of Pat Fahey IN SUPPORT OF SPRING POINTES OBJECTION TO THE UNITARY ENTERPRISES SCHEDULES REGARDING OWNERSHIP PERCENTAGES OF SPRING POINTE, LLC. Filed by Spring Pointe, LLC. (Related document(s): Objection #1080 .) (Field, Joseph)
February 4, 2010 Filing 1080 Objection(s) TO THE UNITARY ENTERPRISES SCHEDULES REGARDING OWNERSHIP PERCENTAGES OF SPRING POINTE, LLC. Filed by Spring Pointe, LLC. (Field, Joseph)
February 2, 2010 Filing 1079 Response to Motion of Court Approval of Jon M. Harder's Consent to Entry of the State of Oregon's Order to Motion , Memorandum, and Order for Court Approval of Jon M. Harder's Consent to Entry of the State of Oregon's Order #1073 . Filed by Tenants in Common Committee. (MacLean, Merrilee)
February 2, 2010 Filing 1078 MANDATE of USCA for the 9th Circuit re Notice of Appeal #879 . The appeal is dismissed. (sln)
February 2, 2010 Filing 1077 Motion for Attorney Fees /Fifth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the Period December 1, 2009 through December 31, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2) (Osias, David)
January 29, 2010 Filing 1076 Notice of Filing of First Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC for the Period October 29, 2009 Through January 28, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
January 29, 2010 Opinion or Order Filing 1075 Order setting Defendant Harder's Motion, Memorandum, and Order for Court Approval of Jon M. Harder's Consent to Entry of the State of Oregon's Order #1073 for Oral Argument on 2/16/2010 at 01:30PM in Eugene before U.S. District Judge Michael R. Hogan. (sln)
January 28, 2010 Filing 1074 Notice of Regulatory Action by Oregon Department of Human Services Filed by State of Oregon Department of Human Services (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
January 28, 2010 Filing 1073 Motion , Memorandum, and Order for Court Approval of Jon M. Harder's Consent to Entry of the State of Oregon's Order. Filed by Jon M. Harder, Kristin Harder. (Attachments: #1 Exhibit Exhibit A) (Christian, Dayna)
January 28, 2010 Opinion or Order Filing 1072 Stipulation and Order approving settlement re: Carnegie Village TICs. Signed on 1/28/10 by U.S. District Judge Michael R. Hogan. (sln)
January 28, 2010 Opinion or Order Filing 1071 Stipulation and Order Approving Settlement by Tutera Investments, LLC. Filed by Tutera Investments, LLC. (Walker, Laura)
January 22, 2010 Filing 1070 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
January 20, 2010 Filing 1069 Notice and Eighth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
January 20, 2010 Filing 1068 Exhibits A to Notice of Application for Payment of 20% Holdback from J. Wallace Gutzler Pursuant to CRO Agreement and Court Order re Notice #1067 . Filed by J. Wallace Gutzler. (Johnson, Thomas)
January 20, 2010 Filing 1067 Notice of Application for Payment of 20% Holdback from J. Wallace Gutzler Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
January 19, 2010 Filing 1066 Objection(s) Receiver's Objection To Payment Of Billing Statements Of Grove, Mueller & Swank, P.C For The Period April 1, 2009 Through June 30, 2009. Filed by Michael Grassmueck. (Related document(s): Notice, #1023 .) (Attachments: #1 Exhibit 1) (Hennesay, A.)
January 19, 2010 Filing 1065 Objection(s) of Stayton SW Assisted Living, L.L.C. to Notice of Filing of Billing Statements of Grove, Mueller & Swank, P.C. for the Period April 1, 2009 Through June 30, 2009. Filed by Stayton SW Assisted Living, L.L.C.. (Related document(s): Notice, #1023 .) (Kennedy, Albert)
January 15, 2010 Filing 1064 Notice of Third Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period November 1, 2009 Through December 31, 2009 Filed by Non-Insider LLC Member Group (Attachments: #1 Attachment Certificate of Service) (Stewart, John)
January 15, 2010 Opinion or Order Filing 1063 Order resetting oral argument on DWT's Motion for Clarification #1042 and TIC Committee's Motion for Joinder to DWT Motion for Clarification #1054 from 1/19/10 to 2/16/2010 at 01:30PM in Eugene before U.S. District Judge Michael R. Hogan. (sln)
January 8, 2010 Filing 1062 Notice of Attorney Withdrawal: Robert B. Miller Filed by Jon M. Harder, Kristin Harder (English, Stephen)
January 8, 2010 Filing 1061 Transcript Designation and Order Form for the hearing held on 10-13-2009 before Judge Michael R. Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal, #954 . Filed by Marvin Calhoun. Transcript is due by 2/10/2010. (Calhoun, Marvin) (Additional attachment(s) added on 1/8/2010: #1 Document in Portrait view) (sln).
January 8, 2010 Filing 1060 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/13/2009 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. . Notice of Intent to Redact Transcript is due by 1/19/2010. Redaction Request due 2/1/2010. Redacted Transcript Deadline set for 2/11/2010. Release of Transcript Restriction set for 4/12/2010. (Wilhelm, Deb)
January 6, 2010 Opinion or Order Filing 1059 Order setting DWT's Motion for Clarification #1042 for oral argument for 1/19/2010 at 01:30PM in person at the U.S. Courthouse in Eugene before U.S. District Judge Michael R. Hogan. (sln)
January 6, 2010 Opinion or Order Filing 1058 ORDER: Denying Ala Lani Assisted Living LLC's Motion for relief from stay and injunction #1011 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
January 6, 2010 Opinion or Order Filing 1057 Order TIC Committee's Motion for Joinder to DWT Motion for Clarification #1054 is set for oral argument for 1/19/2010 at 01:30PM in person at the U.S. Courthouse in Eugene before U.S. District Judge Michael R. Hogan. (sln)
January 5, 2010 Filing 1056 Certificate of Service by Clyde A. Hamstreet CRO of Certificate of Service,, #962 (Supplemental) Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
January 5, 2010 Filing 1054 Motion for Joinder to DWT Motion for Clarification. Filed by Tenants in Common Committee. (Carey, Diana)
January 4, 2010 Opinion or Order Filing 1055 Order Granting Application for Special Admission Pro Hac Vice of John Y. Bonds, III for Christ the King Community Outreach. Application Fee in amount of $100 collected. Receipt No. 30737 issued. Signed on 1/4/10 by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1053 Order granting Notice of Filing of Billing Statements of Luce Forward Hamilton & Scripps LLP for the Period August 1, 2009 through August 31, 2009 #994 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Darry Steinhause $450, Daniel Titelbaum $450, Mark Mann $450, Phillip Jelsma $450, Robert Buell $450, Jerome Grossman $450, Jeremy Crickard $380, Diana L. Donabedian $355, Amy Giannamore $340, Kurt Oreshack $280, Kirsten Solberg $275, Cortney L. Scott $260, Logan Fairfax $255 Monique Tayyab $245, Antonia Lopes $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1052 ORDER: Granting Fifth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Foresic Accountants to Receiver #988 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregory Gadawski $230, Darrell Dorrel $310, Heidi Bowen $160, Kevin Gadawski $215, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1051 ORDER: Granting Fourth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver. #987 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 2.4 hours at the following rates: Gregory Gadawski $230, Darrell Dorrel $310, Heidi Bowen $160, Kevin Gadawski $215, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1050 Order Amending court Order 1041 to read: Granting Fourth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period October 1, 2009 through November 30, 2009. 985. This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 16.8 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, and orders MICHAEL A. GRASSMUECK, RECEIVER, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1049 ORDER: Granting Fourth Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period October 1, 2009 Through November 30, 2009. #986 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: William L. Larkins, Jr $340, Julie R. Vacura $340, Christopher J. Kayser $180, Cody Hoesly $180, Kaitlan Monroe $125, Lynne Niknaband $70, Nancy Pawaga $100, Shani Pines $180, Jessica Gilrein $60, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1048 Order granting Notice of Filing of Billing Statements of Luce Forward Hamilton & Scripps LLP for the Period September 1, 2009 through September 30, 2009 #990 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Darry Steinhause $450, Daniel Titelbaum $450, Mark Mann $450, Phillip Jelsma $450, Robert Buell $450, Jerome Grossman $450, Jeremy Crickard $380, Diana L. Donabedian $355, Amy Giannamore $340, Kurt Oreshack $280, Kirsten Solberg $275, Cortney L. Scott $260, Logan Fairfax $255 Monique Tayyab $245, Antonia Lopes $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1047 Order granting Notice of Filing of Billing Statements of Luce Forward Hamilton & Scripps LLP for the Period March 3, 2009 through July 31, 2009 #989 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Darry Steinhause $450, Daniel Titelbaum $450, Mark Mann $450, Phillip Jelsma $450, Robert Buell $450, Jerome Grossman $450, Jeremy Crickard $380, Diana L. Donabedian $355, Amy Giannamore $340, Kurt Oreshack $280, Kirsten Solberg $275, Cortney L. Scott $260, Logan Fairfax $255 Monique Tayyab $245, Antonia Lopes $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Filing 1046 Memorandum in Opposition to Motion for Relief from Stay and Injunction #1011 . Filed by Jon M. Harder. (VanSpeybroeck, David)
December 30, 2009 Opinion or Order Filing 1045 Order granting Notice of Filing of Billing Statements of Moss Adams LLP for the Period September 1, 2009 Through September 30, 2009 #991 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David L Girt $300, Jack W Baker $300, James B Gaffney $300. Joseph D Karas $300, Judy Dauble $300, Kelly A Porter $300, Matthew D Solomon $300, Michael E Lynch $300, Paul D Waldram $300, Richard Gabaldon $300, Rob L Cockburn $300, Marcy J Boyd $270, Shane D Gentry $270, Steve Fein $270, Abbey Short $250, Ryan J Kuenzi $250, Amanda M Bridges $215, Fred Reichensperger $215, Melissa Wall $215, Alexandria Nunley $175, Alyse Ringrose $175, Chris Selid $175, Drew Mattox $175, Gunnar Haugen $175, Jamie Reznick $175, Kevin D Smith $175, Kristin Rohlfing $175, Lauren Toda $175, Maureen Downes $175, Benjamin Wanlass $155, Mark Evans $155, Samantha Pahlow $155, Christopher Johnson $135, Jesse Smith $135, Justin Eckley $135, Matthew Montez $135, Megan Jansen $135, Nathan Scott $135, Ross Burns $135, Ryan Fiegi $135, Sarah Shahbaz $135, Thomas Carl $135, Tracy Glover $135, Zachary Vincent $135, Amy Luther $105, Anne Whiting $105, Christopher Lyon $105, Drew Anderson $105, Jaclyn Huehn $105, Jacob Anderson $105, James Sharp $105, Kimberly Gooley $105, Kristen Grau $105, Michael Smoot $105, Michelle Haynes $105, Rachel Cummings $105, Shair Kanji $105, Stephanie Vranizan $105, Bella Nissen $50, Jaclyn Ng $50, Matt McHugh $50, Sallie Katter $50, Blair Minniti $300, Christopher A Hansen $300, Deborah A Deering $300, James Dubeck $300, Karen J Probst $300, Mark E Christopher $300, Richard A Holcom $300, Richard Wexler $300, Robert O'Neill $300, Todd M Wall $300, Trace P Skopil $300, Tony Andrade $300, Keith Palmer $300, Harriet Strothers $270, Jeffrey Shilling $270, Wendy L Campos $270, Spencer Endicott $250, Kimberly Lohr $270, Susan M Mehlman $270, Dustin S Stapleton $270, Joseph Sullivan $215, Dustin Hadnot $175, Irina MacEwan $175, Rebecca Griffith $175, Shannon Kingston $175, Amanda Kemp $155, Jayme Parker $175, Michael Engel $155, Kellie Mark $105, Shane Richins $135, Christine Russell $105, Marie Buttles $135, Adrian Brokowski $105, Chelsea Casey $105, Kevin Thornton $105, Logan Carter $105, Patricia Lambe $105, Patricia Zurfluh $105, Alan Anderson $50, Briana Crider $50, Colin Boyle $50, Lana Shindler $50, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Filing 1044 Declaration of Joseph C. Arellano. Filed by Davis Wright Tremaine LLP. (Related document(s): Motion for Clarification #1042 .) (Keppler, Daniel)
December 30, 2009 Filing 1043 Memorandum in Support of Motion for Clarification. Filed by Davis Wright Tremaine LLP. (Related document(s): Motion for Clarification #1042 .) (Keppler, Daniel)
December 30, 2009 Filing 1042 Motion for Clarification. Oral Argument requested. Filed by Davis Wright Tremaine LLP. (Keppler, Daniel)
December 30, 2009 Opinion or Order Filing 1041 ORDER: Granting Fourth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period October 1, 2009 through November 30, 2009. #985 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus Travel Time of 16.8 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, K.M. Finney $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1040 Order granting Notice Ogden Murphy Wallace PLLC's Notice of Filing of Billing Statement for the Period January 1, 2009 through November 24, 2009 #975 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Leslie Pesterfield $325, Michael Wickstead $325, John J. O'Donnell $325, Amber K. Quintal $185, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1039 Order granting Notice of Filing of Eighth Billing Statement of Tonkon Torp LLP for the Period through October 31, 2009 #964 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, Barbee B. Lyon $400, Robyn Ridler Aoyagi $275, Scott G. Seidman $400, Ava L. Schoen $250, Michael J. Millender $250, Jeffrey Keeney $350, Christine L. Uri $250, Robert L. Carey $425, Pattie L. Miller $100, Jeanette C. Schuster $225, Kimberlee A. Stafford $225, Robert L. Carey $425, Pattie L. Miller $100, Jeanette C. Schuster $225, Kimberlee A. Stafford $225, Christine L. Uri $250, Craig A. Foster $150, Darcy M. Norville $350, Jeffrey W. Woodcox $215, Kenneth D. Stephens $450, Shannon A. Sullivan $60, Spencer Fisher $90, Debra K. Lambourn $50, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1038 Order granting Grove Mueller & Swank, PC billing statements submitted prior to May 19, 2009 #960 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Devan W. Esch $195, Thomas E.Glogau $200, Robert C. Grove $230, John D. Hawkins $195, Vicki Holland $200, Mark F. Mueller $230, Charles A. Swank $230, Gary L. Wolz $195, Myrna Alexander $140, Jocene E. Barton $130, Larry E. Grant $165, June S. Hicks $140, Ross F.Obermire $140, Heidi J. Albright $75, Jodi R. Burch $65, Dylan Corbett $75, Dennis Cox $90, Jena M. Dawes $60, Greg Ficek $80, Molly M. Ficek $85, Abigail A. Hall $60, Kevin H. Harding $60, Jenni Kim $75, Katherine L. Kowalczyk $85, Peggy E. Layman $80, Shayne D. Lehman $60, Kimberly A. Lyon $65, Ashley A. Netzel $65, Ryan Pasquarella $70, Teresa G. Rawlins $70, Rebecca L. Root $55, Sandra Ryden $75, Sandra L. Traeger $110, Celeste A. Wheeler $65, Katherine Wilson $75, Angie M.Wusstig $100, Kristi Cox $35, Patricia J. Doerfler $50, Janice C. Gibson $45, Terri Jeske $45, Valerie Niemi $35, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1037 Order granting Notice of Second Interim Application for Compensation and Expense Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period September 1, 2009 through October 31, 2009 #952 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Nancy L. Isserlis $300, David P. Gardner $150, John S. Stewart $395, Jan D. Sokol $325, Jamie Kilb $100, Marion J. Nelson $100, Laurel G. Wilson $65, Tyler J. Storti $225, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1036 ORDER: Granting Atter Wynne LLP's Motion for Attorney Fees Pursuant to CRO Agreement and Court Order (Sixth Application) Filed by Darryl E. Fisher #938 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1035 Order granting Notice and Sixth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order filed by J. Wallace Gutzler #942 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1034 Order granting Third Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver #918 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregory Gadawski $230, Darrell Dorrel $310, Heidi Bowen $160, Kevin Gadawski $215, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1033 Order amending Court Order 1030 regarding Third Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the period August 1, 2009 through September 30, 2009 #915 . The order should have read: This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus travel time of 58.5 at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, and orders MICHAEL A. GRASSMUECK, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Opinion or Order Filing 1032 Order granting Notice of Filing of Seventh Billing Statement of Tonkon Torp LLP for the Period Through September 30, 2009 #917 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, Barbee B. Lyon $400, Robyn Ridler Aoyagi $275, Scott G. Seidman $400, Ava L. Schoen $250, Michael J. Millender $250, Jeffrey Keeney $350, Christine L. Uri $250, Robert L. Carey $425, Pattie L. Miller $100, Jeanette C. Schuster $225, Kimberlee A. Stafford $225, Robert L. Carey $425, Pattie L. Miller $100, Jeanette C. Schuster $225, Kimberlee A. Stafford $225, Christine L. Uri $250, Craig A. Foster $150, Darcy M. Norville $350, Jeffrey W. Woodcox $215, Kenneth D. Stephens $450, Shannon A. Sullivan $60, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 30, 2009 Filing 1031 Response to Motion to Remove Clouds on Title #1004 . Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
December 30, 2009 Opinion or Order Filing 1030 ORDER: Granting Third Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the period August 1, 2009 through September 30, 2009 #915 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus travel time of 58.5 at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, M.A. Patterson $300, D.R. Cuenca $100, C.A. Schiaffo $100, A. Harrington $150, Y. Kim $395, M. Conner $100, A. Delakovias $100, M. Finney $100, P. Madamba $100, V. Spector $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 28, 2009 Filing 1029 Memorandum in Support of Motion for Relief From Preliminary Injunction on Behalf of Intervenor-Defendants. Filed by Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, LLC. (Related document(s): Motion - Miscellaneous #1028 .) (Potter, Nancie)
December 28, 2009 Filing 1028 Motion for Relief From Preliminary Injunction on Behalf of Intervenor-Defendants. Oral Argument requested. Filed by Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, LLC. (Potter, Nancie)
December 28, 2009 Filing 1027 Declaration of Nancie K. Potter in Support of Motion to Intervene. Filed by Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, LLC. (Related document(s): Motion to intervene #1025 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Potter, Nancie)
December 28, 2009 Filing 1026 Memorandum in Support of Motion to Intervene. Filed by Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, LLC. (Related document(s): Motion to intervene #1025 .) (Potter, Nancie)
December 28, 2009 Filing 1025 Motion to Intervene. Oral Argument requested. Filed by Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, LLC. (Potter, Nancie)
December 28, 2009 Filing 1024 Notice of Regulatory Action by Oregon Department of Human Services Filed by State of Oregon Department of Human Services (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
December 27, 2009 Filing 1023 Notice of Filing Billing Statements Filed by Grove, Mueller & Swank, P.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit C-5, #8 Exhibit C-6, #9 Exhibit C-7) (Knapp, Michael)
December 23, 2009 Filing 1022 Certificate of Service by Christ the King Community Outreach of Motion for Leave to Appear Pro Hac Vice for John Y. Bonds, III #1021 Filed by Christ the King Community Outreach. (Rath, Cheryl)
December 23, 2009 Filing 1021 Motion for Leave to Appear Pro Hac Vice for John Y. Bonds, III. Filed by Christ the King Community Outreach. (Rath, Cheryl)
December 23, 2009 Filing 1020 Certificate of Service by Christ the King Community Outreach of Attorney Appearance #1019 Filed by Christ the King Community Outreach. (Rath, Cheryl)
December 23, 2009 Filing 1019 Notice of Appearance of Cheryl A. Rath, Cheryl A Rath appearing on behalf of Christ the King Community Outreach Filed by on behalf of Christ the King Community Outreach (Rath, Cheryl)
December 23, 2009 Filing 1018 Certificate of Service by Clyde A. Hamstreet CRO of Certificate of Service,, #962 (Supplemental) Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
December 23, 2009 Filing 1017 Certificate of Service by Clyde A. Hamstreet CRO of Certificate of Service,, #962 (Supplemental) Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
December 21, 2009 Filing 1016 Notice of Regulatory Action by Oregon Department of Human Services Filed by State of Oregon Department of Human Services (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
December 17, 2009 Filing 1015 Notice and First Interim Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
December 17, 2009 Filing 1014 Notice and Seventh Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
December 17, 2009 Filing 1013 Declaration of W. Mitchell Cogdill. Filed by Ala Lani Assisted Living LLC. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2-1, #3 Exhibit Ex. 2-2, #4 Exhibit Ex. 2-3, #5 Exhibit Ex. 2-4, #6 Exhibit Ex. 2-5, #7 Exhibit Ex. 2-6, #8 Exhibit Ex. 2-7, #9 Exhibit Ex. 3) (Wade, Patrick)
December 17, 2009 Filing 1012 Memorandum in Support. Filed by Ala Lani Assisted Living LLC. (Related document(s): Motion - Miscellaneous #1011 .) (Wade, Patrick)
December 17, 2009 Filing 1011 Motion for Relief from Stay and Injunction. Oral Argument requested. Filed by Ala Lani Assisted Living LLC. (Wade, Patrick)
December 16, 2009 Filing 1010 Notice and Seventh Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
December 15, 2009 Opinion or Order Filing 1009 Order on Regina Ray Lucas' Motion to obtain relief from stay and continue litigation #491 . Signed on 12/15/09 by U.S. District Judge Michael R. Hogan. (sln)
December 15, 2009 Opinion or Order Filing 1008 Stipulation and Order approving settlement - 1. Any stay or injunction that may prevent the settlement, including distribution of the Escrowed Funds contemplated by the Parties' stipulation, is hereby lifted. 2. The Parties shall jointly request that the Escrow Agent distribute the Escrowed Funds in accordance with the Stipulation. 3. All claims that were brought, or that could have been brought, by the Debtor in the Adversary Proceeding pending in the case styled In re Jon M. Harder, Case No. 08-37225-tmb11 of and against the Purchaser shall be, and hereby are, DISMISSED with prejudice. Signed on 12/15/09 by U.S. District Judge Michael R. Hogan. (sln)
December 15, 2009 Opinion or Order Filing 1007 Order amending court's Order 1000 to reflect the deadline for filing proof of claims, the bare land election, the LLC member election and the TIC election is extended to March 31, 2010. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 14, 2009 Filing 1006 Declaration of Paul R.J. Connolly in Support of Motion to Remove Clouds on Title. Filed by Smart Park 3 TIC Investors. (Related document(s): Motion - Miscellaneous #1004 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Connolly, Paul)
December 14, 2009 Filing 1005 Memorandum in Support of Motion to Remove Clouds on Title. Filed by Smart Park 3 TIC Investors. (Related document(s): Motion - Miscellaneous #1004 .) (Connolly, Paul)
December 14, 2009 Filing 1004 Motion to Remove Clouds on Title. Oral Argument requested. Filed by Smart Park 3 TIC Investors. (Connolly, Paul)
December 11, 2009 Opinion or Order Filing 1003 Order from USCA for the 9th Circuit dismissing Appeal re Notice of Appeal #906 filed by Eric Jacobsen. (sln)
December 11, 2009 Opinion or Order Filing 1002 Order from USCA for the 9th Circuit dismissing Appeal re Notice of Appeal #879 by Certain Coordinating Lenders. (sln)
December 11, 2009 Filing 1001 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order (Seventh Application). Filed by Darryl E. Fisher. (Blackhurst, Steven)
December 10, 2009 Opinion or Order Filing 1000 Order - the Court reestablished any claim bar or deadlines by its order of August 28, 2009. IT IS FURTHER ORDERED that the deadline for filing proofs of claim by any party in the above-entitled matters, as well as the related bankruptcy cases, shall be March 31, 2010. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 9, 2009 Filing 999 Motion for Settlement STIPULATION AND ORDER APPROVING SETTLEMENT. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
December 9, 2009 Opinion or Order Filing 998 Stipulation and Order of Dismissal as to Clyde Hamstreet and Clyde A. Hamstreet, LLC with prejudice. Signed on 12/9/09 by U.S. District Judge Michael R. Hogan. (sln)
December 9, 2009 Filing 997 Findings of Fact and Conclusions of Law in support of Securities and Exchange Commission's motion for summary judgment on Liability. Signed on 12/9/09 by U.S. District Judge Michael R. Hogan. (sln)
December 9, 2009 Opinion or Order Filing 996 Stipulation and Order granting Bank of Whitman and its assigns relief from injunction as to Blue Mountain Associates Property, LLC and Blue Mountain Associates, LLC Signed on 12/9/09 by U.S. District Judge Michael R. Hogan. (sln)
December 9, 2009 Opinion or Order Filing 995 Stipulation and Order Granting Bank of Whitman Relief from Injunction as to College Park Associates I, LLC, Ownership College Park Associates, LLC, Cold Springs Development I Property, LLC, Cold Springs Development I, LLC, Cold Springs Development II, Property, LLC, Cold Springs Development II, LLC, Bull Springs Holdings, LLC, Century Place, LLC, Century Place, L.L.C., Third Street. Investments, LLC, and CPSW, LLC Signed on 12/9/09 by U.S. District Judge Michael R. Hogan. (sln)
December 8, 2009 Filing 994 Notice NOTICE OF FILING OF BILLING STATEMENTS OF LUCE FORWARD HAMILTON & SCRIPPS LLP FOR THE PERIOD AUGUST 1, 2009 THROUGH AUGUST 31, 2009 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Luce Forward August Fee Invoice) (Yates, Greg)
December 8, 2009 Opinion or Order Filing 993 Order granting Notice of Filing of Billing Statements of Clyde A. Hamstreet & Associates, LLC, Alvarez & Marsal, LLC, Greene & Markley, P.C., and Steptoe & Johnson LLP for the Period September 1, 2009 through September 30, 2009 #974 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, Brent Hamstreet $100, Alex Chan $400, Hannah Schmidt $225, Jeff Yim $375, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 8, 2009 Opinion or Order Filing 992 Order granting Notice of Fifth Interim Application for Compensation and Expenses Reimbursment for Billing Statement of Elsaesser Jarzabek Anderson Marks & Elliott, Chtd., for Period September 1, 2009, through September 30, 2009 #902 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 7, 2009 Filing 991 Notice NOTICE OF FILING OF BILLING STATEMENTS OF MOSS ADAMS LLP FOR THE PERIOD SEPTEMBER 1, 2009 THROUGH SEPTEMBER 30, 2009 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Moss Adams Fee Invoice) (Yates, Greg)
December 7, 2009 Filing 990 Notice NOTICE OF FILING OF BILLING STATEMENTS OF LUCE FORWARD HAMILTON & SCRIPPS LLP FOR THE PERIOD SEPTEMBER 1, 2009 THROUGH SEPTEMBER 30, 2009 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Luce Foward Fee Invoice) (Yates, Greg)
December 7, 2009 Filing 989 Notice NOTICE OF FILING OF BILLING STATEMENTS OF LUCE FORWARD HAMILTON & SCRIPPS LLP FOR THE PERIOD MARCH 3, 2009 THROUGH JULY 31, 2009 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Luce Forward Fee Invoice, #2 Exhibit Luce Forward Biographies) (Yates, Greg)
December 7, 2009 Filing 988 Motion Fifth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Foresic Accountants to Receiver. Filed by Michael Grassmueck. (Larkins, William)
December 7, 2009 Filing 987 Motion Fourth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver. Filed by Michael Grassmueck. (Larkins, William)
December 7, 2009 Filing 986 Motion Fourth Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period October 1, 2009 Through November 30, 2009. Filed by Michael Grassmueck. (Larkins, William)
December 7, 2009 Filing 985 Motion /Fourth Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period October 1, 2009 through November 30, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit B Part 3) (Osias, David)
December 4, 2009 Opinion or Order Filing 984 Order granting Notice of Filing of Billing Statements of Moss Adams LLP for the Period May 1, 2009 Through August 31, 2009 #912 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David L Girt $300, Jack W Baker $300, James B Gaffney $300. Joseph D Karas $300, Judy Dauble $300, Kelly A Porter $300, Matthew D Solomon $300, Michael E Lynch $300, Paul D Waldram $300, Richard Gabaldon $300, Rob L Cockburn $300, Marcy J Boyd $270, Shane D Gentry $270, Steve Fein $270, Abbey Short $250, Ryan J Kuenzi $250, Amanda M Bridges $215, Fred Reichensperger $215, Melissa Wall $215, Alexandria Nunley $175, Alyse Ringrose $175, Chris Selid $175, Drew Mattox $175, Gunnar Haugen $175, Jamie Reznick $175, Kevin D Smith $175, Kristin Rohlfing $175, Lauren Toda $175, Maureen Downes $175, Benjamin Wanlass $155, Mark Evans $155, Samantha Pahlow $155, Christopher Johnson $135, Jesse Smith $135, Justin Eckley $135, Matthew Montez $135, Megan Jansen $135, Nathan Scott $135, Ross Burns $135, Ryan Fiegi $135, Sarah Shahbaz $135, Thomas Carl $135, Tracy Glover $135, Zachary Vincent $135, Amy Luther $105, Anne Whiting $105, Christopher Lyon $105, Drew Anderson $105, Jaclyn Huehn $105, Jacob Anderson $105, James Sharp $105, Kimberly Gooley $105, Kristen Grau $105, Michael Smoot $105, Michelle Haynes $105, Rachel Cummings $105, Shair Kanji $105, Stephanie Vranizan $105, Bella Nissen $50, Jaclyn Ng $50, Matt McHugh $50, Sallie Katter $50, Blair Minniti $300, Christopher A Hansen $300, Deborah A Deering $300, James Dubeck $300, Karen J Probst $300, Mark E Christopher $300, Richard A Holcom $300, Richard Wexler $300, Robert O'Neill $300, Todd M Wall $300, Trace P Skopil $300, Tony Andrade $300, Keith Palmer $300, Harriet Strothers $270, Jeffrey Shilling $270, Wendy L Campos $270, Spencer Endicott $250, Kimberly Lohr $270, Susan M Mehlman $270, Dustin S Stapleton $270, Joseph Sullivan $215, Dustin Hadnot $175, Irina MacEwan $175, Rebecca Griffith $175, Shannon Kingston $175, Amanda Kemp $155, Jayme Parker $175, Michael Engel $155, Kellie Mark $105, Shane Richins $135, Christine Russell $105, Marie Buttles $135, Adrian Brokowski $105, Chelsea Casey $105, Kevin Thornton $105, Logan Carter $105, Patricia Lambe $105, Patricia Zurfluh $105, Alan Anderson $50, Briana Crider $50, Colin Boyle $50, Lana Shindler $50, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 4, 2009 Opinion or Order Filing 983 Order granting Second Interim Application for Payment of Attorney's Fees Thornton Byron, LLP filed by Darryl E. Fisher #900 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thornton $400, Justin C. Jones $250, Mark K. Alandt $80, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 4, 2009 Opinion or Order Filing 982 ORDER: Granting Haglund Kelley's First Interim Application for Professional Compensation filed by Sunwest Management, Inc. #894 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael Haglund $300, Shay S. Scott $250, Kent Kelly $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 4, 2009 Opinion or Order Filing 981 Order granting Notice and Sixth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order filed by Darryl E. Fisher #891 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
December 4, 2009 Filing 980 Stipulation and [Proposed] Order Dismissing Clyde Hamstreet and Clyde A. Hamstreet & Associates, LLC As Relief Defendants by Securities and Exchange Commission. Filed by Securities and Exchange Commission. (Fickes, Mark)
December 3, 2009 Opinion or Order Filing 979 Order from USCA for the 9th Circuit dismissing Notice of Appeal #910 by Sterling Savings Bank. (sln)
December 3, 2009 Filing 978 Certificate of Service by State of Oregon Department of Human Services of Notice #977 Notice of Regulatory Action by Oregon Department of Human Services Filed by State of Oregon Department of Human Services. (Rosenhouse, Daniel)
December 3, 2009 Filing 977 Notice of Regulatory Action by Oregon Department of Human Services Filed by State of Oregon Department of Human Services (Rosenhouse, Daniel)
December 2, 2009 Filing 976 Certificate of Service by Clyde A. Hamstreet CRO of Order on Motion - Miscellaneous, #941 (Amended Certificate of Service of Proof of Claim Form, Notice of Election Form, Notice of TIC Election Cancellation Form, Debtor's Motion for Substantive Consolidation of Assets and Liabilities of Sunwest Related Entities, Notice of Meeting of Creditors and Notice of Hearing, Notice of (I) Court Approval of Distribution Plan for Sunwest Enterprises in SEC Receivership Case; (II) Chapter 11 Bankruptcy Case; and (III) Claims Bar Date for SEC Receivership Cae and Chapter 11 Case) (Attachments: #1 Amended Certificate of Service (Part 2), #2 Amended Certificate of Service (Part 3)) Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
December 2, 2009 Filing 975 Notice Ogden Murphy Wallace PLLC's Notice of Filing of Billing Statement for the Period January 1, 2009 through November 24, 2009 Filed by Kristin Harder (English, Stephen)
November 30, 2009 Filing 974 Notice NOTICE OF FILING OF BILLING STATEMENTS OF CLYDE A. HAMSTREET & ASSOCIATES, LLC, ALVAREZ & MARSAL, LLC, GREENE & MARKLEY, P.C., AND STEPTOE & JOHNSON LLP FOR THE PERIOD SEPTEMBER 1, 2009 THROUGH SEPTEMBER 30, 2009 Filed by Clyde A. Hamstreet CRO (Attachments: #1 Exhibit Hamstreet & Associates Invoice, #2 Exhibit Alvarez & Marsal Invoice, #3 Exhibit Greene & Markley Invoice, #4 Exhibit Steptoe & Johnson Invoice) (Yates, Greg)
November 25, 2009 Filing 973 Notice of Filing of Claim to Seek Non-Mingled Property Exception to Distribution Plan Filed by Waterford in Bellevue TIC Investors (Connolly, Paul)
November 24, 2009 Opinion or Order Filing 972 ORDER: Granting Second Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period June 1, 2009 Through July 31, 2009 #596 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Opinion or Order Filing 971 Order granting Second Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver #592 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregory Gadawski $230, Darrell Dorrel $310, Heidi Bowen $160, Kevin Gadawski $215, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Opinion or Order Filing 970 ORDER: Granting Third Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period August 1, 2009, through September 30,2009 #916 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: William L. Larkins, Jr $340, Julie R. Vacura $340, Christopher J. Kayser $180, Cody Hoesly $180, Kaitlan Monroe $125, Lynne Niknaband $70, Nancy Pawaga $100, Shani Pines $180, Jessica Gilrein $60, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Opinion or Order Filing 969 ORDER: Granting Second Motion for Attorney Fees Second Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period June 1, 2009 through July 31, 2009 #591 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus travel time of 10 hours at the following rates: William L. Larkins, Jr $340, Julie R. Vacura $340, Christopher J. Kayser $180, Cody Hoesly $180, Kaitlan Monroe $125, Lynne Niknaband $70, Nancy Pawaga $100, Shani Pines $180, Jessica Gilrein $60, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Opinion or Order Filing 968 Order granting Notice and Fifth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order #852 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Opinion or Order Filing 967 ORDER: Granting Motion for payment of attorneys' fees by Lane Powell PC counsel for Sunwest Management, Inc #743 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Barbara Duffy $440, Gregory Fox $385, Lorne Dauenhauer $360, Robert Calo $425, Bruce Leaverton $450, Milo Petranovich $440, Steven Ungar $450, Julie Engbloom $285, Peter Hawkes $285, Thomas Sonday $425, D. Kimmel $190, D. Stare $185, L. Tobiska $175, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay 100% of the fees and 100% of the requested expenses. The court expects this is the last billing from Lane Powell PC. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Opinion or Order Filing 966 ORDER: Granting Second Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period May 1, 2009 through July 31, 2009 #590 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested minus travel time of 52.2 hours at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 24, 2009 Filing 964 Notice of Filing of Eighth Billing Statement of Tonkon Torp LLP for the Period through October 31, 2009 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
November 23, 2009 Filing 965 Request for Notice and Service of pleadings. Filed by Pima County Treasurer (sln)
November 19, 2009 Filing 963 Certificate of Service by Clyde A. Hamstreet CRO of Certificate of Service,, #962 (Supplemental) Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
November 19, 2009 Filing 962 Certificate of Service by Clyde A. Hamstreet CRO of Order on Motion - Miscellaneous, #941 (Proof of Claim Form, Notice of Election Form, Notice of TIC Election Cancellation Form, Debtor's Motion for Substantive Consolidation of Assets and Liabilities of Sunwest Related Entities, Notice of Meeting of Creditors and Notice of Hearing, Notice of (I) Court Approval of Distribution Plan for Sunwest Enterprises in SEC Receivership Case; (II) Chapter 11 Bankruptcy Case; and (III) Claims Bar Date for SEC Receivership Case and Chapter 11 Case) (Attachments: #1 Part 2 - Certificate of Service, #2 Part 3 - Certificate of Service, #3 Part 4 - Certificate of Service) Filed by Clyde A. Hamstreet CRO. (Conway, Timothy)
November 19, 2009 Filing 961 Notice re Objection, #953 Notice of Withdrawal of Objections to Proposed Stipulation and Order Granting Bank of Whitman and its Assigns Relief From Injunction as to Blue Mountain Associates Property, LLC and Blue Mountain Associates, LLC Filed by Connolly Intervenors (Related document(s): Objection, #953 .) (Jacoby, Kevin)
November 17, 2009 Filing 960 Supplemental information for Grove Mueller & Swank, PC billing statements submitted prior to May 19, 2009 regarding position, experience levels, bios, hourly rates, work code descriptions and facility charge breakdowns. Filed by Grove, Mueller & Swank, P.C.. (Knapp, Michael) Modified text to reflect document caption on 11/18/2009 (sln).
November 17, 2009 Filing 959 Response to Plaintiff's Motion for Partial Summary Judgment on Liability #943 . Filed by Jon M. Harder. (sln)
November 12, 2009 Filing 958 Declaration of Kevin J. Jacoby in Support of Connolly Intervenors' Objections to Proposed Stipulation and Order Granting Bank of Whitman and its Assigns Relief From Injunction as to Blue Mountain Associates Property, LLC and Blue Mountain Associates, LLC. Filed by Connolly Intervenors. (Related document(s): Memorandum in Support, #957 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Jacoby, Kevin)
November 12, 2009 Filing 957 Memorandum in Support of Connolly Intervenors' Objections to Proposed Stipulation and Order Granting Bank of Whitman and its Assigns Relief From Injunction as to Blue Mountain Associates Property, LLC and Blue Mountain Associates, LLC. Filed by Connolly Intervenors. (Related document(s): Objection, #953 .) (Jacoby, Kevin)
November 12, 2009 USCA Appeal Fees re Notice of Appeal #954 by Marvin Calhoun: Received Fee in amount of $455. Receipt number 600004930 issued. (sln)
November 10, 2009 Filing 956 Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal, #954 by Marvin Calhoun. (sln)
November 10, 2009 Filing 955 Notice of Application for Payment of 20% Holdback from Tonkon Torp LLP Pursuant to CRO Agreement and Court Order Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
November 9, 2009 Filing 954 Notice of Appeal to the 9th Circuit FROM ORDER GRANTING CAPITAL PACIFIC BANKS MOTION DIRECTING MARVIN CALHOUN AND CALHOUNS HAWTHORNE GARDENS, LLC TO EXECUTE THE PORTLAND SENIOR LIVING, LLC SETTLEMENT AGREEMENT.... Filed by Marvin Calhoun. (Calhoun, Marvin)
November 6, 2009 Filing 953 Objection(s) to Proposed Stipulation and Order Granting Bank of Whitman and its Assigns Relief From Injunction as to Blue Mountain Associates Property, LLC and Blue Mountain Associates, LLC. Filed by Connolly Intervenors. (Related document(s): Proposed Form of Order or Judgment, #949 .) (Jacoby, Kevin)
November 6, 2009 Filing 952 Notice of Second Interim Application for Compensation and Expense Reimbursement for Billing Statement of Winston & Cashatt and Stewart Sokol & Gray, LLC for Period September 1, 2009 through October 31, 2009 Filed by Non-Insider LLC Member Group (Attachments: #1 Certificate of Service) (Coleman, Robert)
November 6, 2009 Filing 951 Notice of Order entered in 09-6082-HO (Order - The court appoints John Spencer Stewart as mediation counsel for all third party claims. Only those attorneys assigned tasks by Mr. Stewart with respect to these matters shall be eligible for compensation of professional fees to be paid out of the bankruptcy Estate. Ordered by U.S. District Judge Michael R. Hogan) (sln)
November 6, 2009 Filing 950 Proposed Form of Order Submitted Stipulation and Order Granting Bank of Whitman Relief from Injunction as to College Park Associates I, LLC, Ownership College Park Associates, LLC, Cold Springs Development I Property, LLC, Cold Springs Development I, LLC, Cold Springs Development II, Property, LLC, Cold Springs Development II, LLC, Bull Springs Holdings, LLC, Century Place, LLC, Century Place, L.L.C., Third Street Investments, LLC, and CPSW, LLC. Filed by Bank of Whitman. (Pearson, Teresa)
November 6, 2009 Filing 949 Proposed Form of Order Submitted Stipulation and Order Granting Bank of Whitman and its Assigns Relief from Injunction as to Blue Mountain Associates Property, LLC, and Blue Mountain Associates, LLC. Filed by Bank of Whitman. (Pearson, Teresa)
November 5, 2009 Filing 948 Proposed Form of Order Submitted [Proposed] Order Approving The Distribution Plan Affecting Third-Party Claims As Modified. Filed by Bare Land Intervenors, Grenley Intervenors. (Grenley, Gary)
November 5, 2009 Filing 947 Declaration of Gary I. Grenley In Support Of Intervenors' Motion To Approve The Distribution Plan Affecting Third-Party Claims As Modified. Filed by Bare Land Intervenors, Grenley Intervenors. (Related document(s): Motion - Miscellaneous #946 .) (Grenley, Gary)
November 5, 2009 Filing 946 Motion Intervenors' Motion To Approve The Distribution Plan Affecting Third-Party Claims As Modified. Filed by Bare Land Intervenors, Grenley Intervenors. (Grenley, Gary)
November 4, 2009 Filing 945 Proposed Findings of Fact and Conclusions of Law. Filed by Securities and Exchange Commission. (Liftik, Michael)
November 4, 2009 Filing 944 Supplemental Declaration of Michael E. Liftik In Support of Motion for Summary Judgment on Liability. Filed by Securities and Exchange Commission. (Related document(s): Motion for Partial Summary Judgment #943 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Liftik, Michael)
November 4, 2009 Filing 943 Motion for Partial Summary Judgment on Liability. Filed by Securities and Exchange Commission. (Liftik, Michael)
November 4, 2009 Filing 942 Notice and Sixth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order.Filed by J. Wallace Gutzler. (Johnson, Thomas)
November 3, 2009 Opinion or Order Filing 941 ORDER: Granting (1) Receiver's Motion #549 for order approving claims procedures, establishing claims bar date and approving other related relief; and (2) Debtor in possession's motion to establish coordinated claims and noticing procedures. Signed on 11/3/09 by U.S. District Judge Michael R. Hogan. (sln)
November 3, 2009 Filing 940 Transcript of Proceedings held on 3/2/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (lae) (Main Document 940 replaced on 12/22/2011) (sln).
November 3, 2009 Filing 939 Notice of Correspondence to Judge Hogan [re Proposed Order re Docket No. #549].Filed by Michael Grassmueck. (Attachments: #1 Proposed Order Granting: (1) Receiver's Motion For Order Approving Claims Procedures, Establishing Claims Bar Date, And Approving Other Related Relief; And (2) Debtor In Possession's Motion To Establish Coordinated Claims And Noticing Procedures, #2 Exhibit A - C) (Hennesay, A.)
November 2, 2009 Filing 938 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order (Sixth Application). Filed by Darryl E. Fisher. (Blackhurst, Steven)
November 2, 2009 Opinion or Order Filing 937 Order - the following parties are order to the continuation of the mediation before Judge Leavy, Securities and Exchange Commission through its attorney Mark Fickes, Department of Consumer and Business Services, Division of Finance & Corporate Securities, Kevin Anselm Chief of Enforcement and Securities for the Division of Finance and Corporate Securities, Jon Harder, Kristen Harder, Wallace Gutzler, Darryl Fisher, Carol Fisher, Michael Grassmueck, Clyde Hamstreet at Judge Leavy's office on 11/5/09 at 9:00 a.m.. Presence of all parties with settlement authority required. Ordered by U.S. District Judge Michael R. Hogan. (sln)
November 2, 2009 Opinion or Order Filing 936 Stipulation and Order granting First Niagra Bank permission to commence a deficiency judgment proceeding in New York Supreme Court to protect its rights pursuant to the Order granted June 15, 2009. Signed on 11/2/09 by U.S. District Judge Michael R. Hogan. (sln)
November 1, 2009 Filing 935 Notice of Appearance of Michael E Knapp appearing on behalf of Grove, Mueller & Swank, P.C..Filed by on behalf of Grove, Mueller & Swank, P.C.. (Knapp, Michael)
October 30, 2009 Opinion or Order Filing 934 Stipulation and Order Granting First Niagra Bank Permission to Commence a Deficiency Judgment Proceeding in New York Supreme Court to Protect Its Rights Pursuant to the Order Granted June 15, 2009 by First Niagara Bank. Filed by First Niagara Bank. (Walker, Laura)
October 29, 2009 Opinion or Order Filing 933 Order Canterbury Interveners' Request for Recognition of Tenant-in-Common Property Rights #460 is denied as moot. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 29, 2009 Opinion or Order Filing 932 ORDER: Connolly Intervenors and Connolly Bare Land Investors' Motion for Clarification of distribution plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #716 is denied as moot. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 29, 2009 Opinion or Order Filing 931 ORDER: RBS citizens, N.A.'s motion to compel debt service payment or, in the alternative, for relief from the preliminary injunction #358 is denied without prejudice. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 29, 2009 Opinion or Order Filing 930 ORDER: Granting Receiver's Motion #845 for Clarification of Court's 9/16/09 Order #775. The budget amounts reflect in the court order are for the time period September - December 2009. The budget does not reflect the cost of third party litigation including pending actions against DWT, K&L Gates, Thompson Knight and Grove Meuller. The parties may apply to increase the budgets should circumstances change. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 929 Order granting Notice and First Interim Application For Payment of Attorney's Fees (Thornton Byron, LLP) Filed by Darryl E. Fisher #777 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: D. John Thonton $400, Justin C. Jones $250, Kathleen A. Rockne $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 928 ORDER: Granting Relief Defendant Darryl E. Fisher's Fifth Motion for Attorney Fees Pursuant to CRO Agreement and Court Order #871 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 927 Order granting Notice & Fifth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher #776 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 926 Order Notice of Filing of Billing Statements and Seventh Application for Interim Professional Compensation Filed by Jon M. Harder #869 was filed in the wrong case, it should have been filed in Cv 09-6074-HO. The court will issue an order in 09-6074-HO regarding the approval of this billing statement. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 925 Order granting Notice of Fourth Interim Application for Compensation and Expenses Reimbursement for Elsaesser Jarzabek Anderson Marks & Elliott, Chtd. for August 1, 2009, through August 31, 2009.Filed by Unsecured Creditors Committee #859 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 924 Order granting Notice of Third Interim Application for Compensation and Expenses Reimbursement for Elsaesser Jarzabek Anderson Marks & Elliott Chtd for July 1, 2009, through July 31, 2009.Filed by Unsecured Creditors Committee #633 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Ford Elsaesser $350, Bruce Anderson $300, James Macdonald $225, Taeya Howell $250, Lois LaPointe $100, Darla Kuhman $85, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 923 Order granting Notice of First Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period July 1, 2009 through August 31, 2009 Filed by Non-Insider LLC Member Group. #835 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Nancy L. Isserlis $300, David P. Gardner $150, John S. Stewart $395, Jan D. Sokol $325, Jamie Kilb $100, Marion J. Nelson $100, Laurel G. Wilson $65, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 922 ORDER: Granting Motion for Appointment of Counsel for Non-Insider LLC Member Group #556 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 921 Order granting Notice of Filing of Sixth Billing Statement of Tonkon Torp LLP for the Period Through August 31, 2009 #839 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, Barbee B. Lyon $400, Robyn Ridler Aoyagi $275, Scott G. Seidman $400, Ava L. Schoen $250, Michael J. Millender $250, Jeffrey Keeney $350, Michael J. Millender $250, Christine L. Uri $250, Robert L. Carey $425, Pattie L. Miller $100, Jeanette C. Schuster $225, Kimberlee A. Stafford $225, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 920 Order granting Notice of Filing of Fifth Billing Statement of Tonkon Torp LLP for the Period through July 31, 2009 #533 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, Barbee B. Lyon $400, Robyn Ridler Aoyagi $275, Scott G. Seidman $400, Ava L. Schoen $250, Michael J. Millender $250, Jeffrey Keeney $350, Michael J. Millender $250, Christine L. Uri $250, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 28, 2009 Opinion or Order Filing 919 Order granting Notice of Filing of Billing Statements of Clyde A. Hamstreet & Associates, LLC, Alvarez & Marsal, LLC, Greene & Markley, PC., and Steptoe & Johnson LLP for the Period August 1, 2009 Through August 31, 2009 #770 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, Brent Hamstreet $100, Alex Chan $400, Hannah Schmidt $225, Jeff Yim $375, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 26, 2009 Filing 918 Third Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver.Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Larkins, William)
October 23, 2009 Filing 917 Notice of Filing of Seventh Billing Statement of Tonkon Torp LLP for the Period Through September 30, 2009.Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
October 23, 2009 Filing 916 Motion Third Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period August 1, 2009, through September 30,2009. Filed by Michael Grassmueck. (Larkins, William)
October 23, 2009 Filing 915 Motion /Third Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP as Counsel to the Receiver for the period August 1, 2009 through September 30, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, Part 1, #3 Exhibit B, Part 2) (Osias, David)
October 23, 2009 Opinion or Order Filing 914 Order - Any party to a mediation in this matter may share information or materials it developed or created for mediation with any other party to any other mediation in this matter and that such use or disclosure would not constitute a waiver of any privilege or right to confidentiality. This order is intended to encourage the efficient development of materials to resolve those disputes that can be resolved and to reduce the time and expense necessary to prepare for and conduct settlement negotiations. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 21, 2009 USCA Appeal Fees re Notice of Appeal #910 by Sterling Savings Bank: Received Fee in amount of $455. Receipt number 600004857 issued. (sln)
October 19, 2009 USCA Appeal Fees re Notice of Appeal #906 by Eric Jacobsen & Lassen House, LLC: Received Fee in amount of $455. Receipt number 600004837 issued. (sln)
October 19, 2009 Filing 913 Notice re Motion - Miscellaneous #358 Notice of Lodging of Reminder Letter to Court Pursuant to LR 83.13 Regarding Motion to Compel Debt Payments or, in the Alternative, for Relief from the Preliminary Injunction.Filed by RBS Citizens, N.A.. (Related document(s): Motion - Miscellaneous #358 .) (Criswell, David)
October 19, 2009 Filing 912 Notice NOTICE OF FILING OF BILLING STATEMENTS OF MOSS ADAMS LLP FOR THE PERIOD MAY 1, 2009 THROUGH AUGUST 31, 2009.Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Exhibit Moss Adams Billing Summary, #2 Exhibit Moss Adams -- May Invoice, #3 Exhibit Moss Adams June Invoice, #4 Exhibit Moss Adams July Invoice, #5 Exhibit Moss Adams August Invoice) (Yates, Greg)
October 19, 2009 Filing 911 Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal #910 by Sterling Savings Bank. (sln)
October 19, 2009 Notice confirming Docketing Record on Appeal re Notice of Appeal #910 by Sterling Savings Bank Case Appealed to 09-35921 Case Number Ninth Circuit assigned. (sln)
October 16, 2009 Notice confirming Docketing Record on Appeal re Notice of Appeal #906 Case Appealed to 09-35913 Case Number Ninth Circuit assigned. (sln)
October 16, 2009 Filing 910 Notice of Appeal to the 9th Circuit from Order on Motion - Miscellaneous, #875 . Filed by Sterling Savings Bank. (Loft, Michael)
October 16, 2009 Filing 909 Notice of Interested Party to Receive Electronic Notices.Filed by Emeritus Corporation. (Pierson, Michael)
October 16, 2009 Filing 908 Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal #906 by Eric Jacobsen, Lassen House, LLC. (sln)
October 15, 2009 Filing 906 Notice of Appeal to the 9th Circuit from Order on Motion - Miscellaneous, #875 . Filed by Eric Jacobsen. (Berne, Steven)
October 13, 2009 Filing 907 MINUTES of Proceedings: - Oral Argument held - Capital Pacific Bank's Motion #476 for Order Directing Marvin Calhoun and Calhoun's Hawthorne Gardens to Execute the Portland Senior Living, LLC Settlement Agreement - Granted. Calhoun's Motion #838 for Order to Restructure Capital Pacific Bank's Mortgage - Denied. Calhoun's Motion #768 to Enforce Notice of Intent to Settle and Compromise - Denied. Counsel Present: Tara Schleicher, Timothy Conway, Brent Summers, Gregory Barton. Client Marvin Calhoun present. Attorneys also present: Stephen Tweet, Paul Connolly, John Albert. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion - Miscellaneous #838 , Motion for Order #476 , Motion - Miscellaneous #768 .) (lf) (sln).
October 13, 2009 Filing 904 Notice of Interested Party to Receive Electronic Notices.Filed by Michael Grassmueck. (Larkins, William)
October 12, 2009 Filing 903 Supplemental Response to Motion Motion For Order To Restructure Capital Pacific Bank's Mortgage #838 . Filed by Judy Shupack's Hawthorne Gardens, LLC, Jay Shupack's Hawthorne Gardens, LLC. (Schleicher, Tara)
October 12, 2009 Filing 902 Notice of Fifth Interim Application for Compensation and Expenses Reimbursment for Billing Statement of Elsaesser Jarzabek Anderson Marks & Elliott, Chtd., for Period September 1, 2009, through September 30, 2009.Filed by Unsecured Creditors Committee. (Attachments: #1 Supplement Statement of Experience Level; Exhibit A Itemized Fees; Exhibit B Itemized Costs; Exhibit C (proposed) Order; and Certificiate of Service) (Elsaesser, Ford)
October 9, 2009 Filing 901 Notice of Application for Payment of 20% Holdback from Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
October 9, 2009 Filing 900 Notice and Second Interim Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
October 8, 2009 Filing 899 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
October 8, 2009 Opinion or Order Filing 898 Order - Marvin Calhoun and Calhoun's Hawthorne Gardens, LLC's request for rescheduling of hearing scheduled for 10/13/09 is denied. The hearing will take place as scheduled and Mr. Barton is allowed to appear for Mr. Calhoun. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 8, 2009 Filing 897 Reply Request For Rescheduling of Hearing to Motion Motion For Order To Restructure Capital Pacific Bank's Mortgage #838 , Motion for Order #476 , Motion Motion to Enforce Notice of Intent to Settle and Compromise #768 . Filed by Marvin Calhoun. (Calhoun, Marvin)
October 8, 2009 Filing 896 Reply Objection To Late Response of Certain HG TICs filed by Tara Schleicher and Objection to Representation of Certain HG TICs by Farleigh Wada Witt to Motion Motion For Order To Restructure Capital Pacific Bank's Mortgage #838 . Filed by Marvin Calhoun. (Calhoun, Marvin)
October 7, 2009 Opinion or Order Filing 905 Order from USCA for the 9th Circuit re Notice of Appeal #879 . (sln)
October 7, 2009 Filing 895 Response of Certain HG TICs to Motion Motion For Order To Restructure Capital Pacific Bank's Mortgage #838 . Filed by Johns' Hawthorne Gardens, LLC, Carey's Hawthorne Gardens, LLC, Cosgrove's Hawthorne Gardens, LLC, Fall's Hawthorne Gardens, LLC, Fitzwater's Hawthorne Gardens, LLC, Wrobel's Hawthorne Gardens, LLC, Hufford's Hawthorne Gardens, LLC, Porter's Hawthorne Gardens, LLC, Selker's Hawthorne Gardens, LLC, Milinvest's Hawthorne Gardens, LLC, Legacy Management's Hawthorne Gardens. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schleicher, Tara)
October 7, 2009 Filing 894 Motion (First Interim Application for Professional Compensation). Filed by Sunwest Management, Inc.. (Attachments: #1 Exhibit 1) (Haglund, Michael)
October 7, 2009 Opinion or Order Filing 893 Order - the following parties are order to mediation before Judge Leavy, Securities and Exchange Commission through its attorney Mark Fickes, Department of Consumer and Business Services, Division of Finance & Corporate Securities, Kevin Anselm Chief of Enforcement and Securities for the Division of Finance and Corporate Securities, Jon Harder, Kristen Harder, Wallace Gutzler, Darryl Fisher, Carol Fisher, Michael Grassmueck, Clyde Hamstreet at Judge Leavy's office on 10/27/09 at 9:30am. Presence of all parties with settlement authority required. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 7, 2009 Filing 892 Request Response To Request For Omnibus Hearing #847 . Filed by Marvin Calhoun. (Calhoun, Marvin)
October 7, 2009 Filing 891 Notice and Sixth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
October 7, 2009 Opinion or Order Filing 890 ORDER: Granting Oregon Department of Consumer and Business Services's Motion to Amend Court Order #867 #888 . The Court Order 867 is amended to read: "the following parties are order to mediation before Judge Leavy, Securities and Exchange Commission through its attorney Mark Fickes, Department of Consumer and Business Services, Division of Finance & Corporate Securities, Kevin Anselm Chief of Enforcement and Securities for the Division of Finance and Corporate Securities, Jon Harder, Kristen Harder, Wallace Gutzler, Darryl Fisher, Carol Fisher, Michael Grassmueck, Clyde Hamstreet at a date, place, and time to be set by Judge Leavy. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 6, 2009 Filing 889 Declaration of Daniel H. Rosenhouse in Support of Motion to Amend or Correct Order to Mediation. Filed by Oregon Department of Consumer and Business Services. (Related document(s): Motion to Amend/Correct #888 .) (Rosenhouse, Daniel)
October 6, 2009 Filing 888 Motion to Amend/Correct Order, 867 . Filed by Oregon Department of Consumer and Business Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
October 6, 2009 Filing 887 Transcript Designation and Order Form regarding Notice of Appeal #879 from Order Approving Distribution Plan. Filed by Certain Coordinating Lenders. (Summers, Brad)
October 5, 2009 Opinion or Order Filing 886 ORDER: Granting Attorneys Gary K. Kahn, Jared Kahn and Tiffany A. Elkins of Reeves, Kahn & Hennessy's Motion to Withdraw as counsel of record for TICS #786 . The entities need to advise the court of replacement counsel if any. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 5, 2009 Opinion or Order Filing 885 Order Capital Pacific Bank's Motion for Order directing Marvin Calhoun and Calhoun's Hawthorne Gardens, LLC to execute the Portland Senior Living, LLC settlement agreement #476 is set for Oral Argument for 10/13/2009 at 11:30AM in Eugene before U.S. District Judge Michael R. Hogan. (sln)
October 5, 2009 Opinion or Order Filing 884 Order regarding Findings of Fact, #874 and Order #875 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. a scrivener error occurred on the orders, the signed date entered on the orders is 10/1/09, the correct signed date is 10/2/09. (sln)
October 5, 2009 USCA Appeal Fees re Notice of Appeal #879 : Received Fee in amount of $455. Receipt number 600004699 issued. (sln)
October 2, 2009 Filing 883 Response to Motion Motion For Order To Restructure Capital Pacific Bank's Mortgage #838 Oral Argument requested. Filed by Capital Pacific Bank. (Summers, Brent)
October 2, 2009 Filing 882 Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal #879 . (sln)
October 2, 2009 Opinion or Order Filing 881 Order granting Notice of Filing of Billing Statements of Clyde A. Hamstreet & Associates, LLC, Alvarez & Marsal, LLC, Greene & Markley, P.C., and Steptoe & Johnson LLP for the Period July 1, 2009 through July 31, 2009 #528 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, Brent Hamstreet $100, Alex Chan $400, Gary Lawrence $350, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 2, 2009 Filing 880 Representation Statement re Notice of Appeal #879 from Order Approving Distribution Plan. Filed by Certain Coordinating Lenders. (Summers, Brad)
October 2, 2009 Filing 879 Notice of Appeal to the 9th Circuit from Order on Motion - Miscellaneous, #875 Notice of Appeal from Order Approving Distribution Plan. Filed by Certain Coordinating Lenders. (Summers, Brad)
October 2, 2009 Filing 878 Transcript of Proceedings held on 10/2/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Main Document 878 replaced on 12/22/2011) (sln).
October 2, 2009 Opinion or Order Filing 877 Order regarding Order #875 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly.The last line of the order should read "The Court shall retain exclusive jurisdiction over all the matters set forth in the Distribution Plan." (sln)
October 2, 2009 Filing 876 MINUTES of Proceedings: Telephone conference held regarding Certain Coordinating Lenders Declarations re: Distribution Plan. The Receiver, Michael Grassmueck, applies for an order approving the terms and conditions of the proposed Offering as being substantively and procedurally fair to the offerees pursuant to 15 U.S.C. 77c(a)(10) (section 3(a)(10) of the Securities Act of 1933) (#580). The court held a hearing on September 22, 2009, and finds that the terms and conditions of the Offering are substantively and procedurally fair to all investors that elect to participate in SWP and approves the Offering under section 3(a)(10) of the Securities Act of 1933 and similar state securities laws. Counsel Present: Richard Stone, Brad Summers, Ford Elsaesser, Stephen English, Michael J. Esler, Mark Fickes, Paul George, Marcus Helt, Nancy Isserlis, Dillon Jackson, Kevin Jacoby, Albert Kennedy, Marrilee MacLean, David Osias, Teresa Pearson, Randy Rogers, John Spencer Stewart, Jeanette Thomas, David VanSpeybroeck, Laura Walker, Elizabeth Zito. Interest Parties Present: Clyde Hamstreet, Michael Grassmueck, Brad Dubin, Marvin Calhoun. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (cw)
October 2, 2009 Opinion or Order Filing 875 ORDER: Receiver's Motion for approval of distribution plan #537 is granted with exceptions. Signed on 10/2/09 by U.S. District Judge Michael R. Hogan. (Attachments: #1 Exhibit 1 Distribution Plan) (sln) (Additional attachment(s) added on 10/2/2009: #2 Corrected Order) (sln).
October 2, 2009 Filing 874 Findings of Fact and Conclusions of Law. Signed on 10/2/09 by U.S. District Judge Michael R. Hogan. (Attachments: #1 Exhibit 1 Redline Distribution Plan) (sln) (Additional attachment(s) added on 10/5/2009: #2 Order with correct signature page) (sln).
October 2, 2009 Filing 873 Transcript Designation and Order Form for the hearing held on 3/2/09 - 3/10/09 before Judge Michael R. Hogan.. Filed by Certain Coordinating Lenders. (Taylor, Robert)
October 2, 2009 Filing 872 Objection(s) OBJECTION TO PROPOSED FORM OF ORDER SUBMITTED GRANTING RELIEF FROM INJUNCTION. FILED BY LEWIS & CLARK BANK [DKT. # 865]. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
October 2, 2009 Notice confirming Docketing Record on Appeal re Notice of Appeal #879 Case Appealed to Ninth Circuit Case Number 09-35876 assigned. (sln)
October 1, 2009 Filing 871 Fifth Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
October 1, 2009 Opinion or Order Filing 870 Stipulation and Order Authorizing property manager to act re Fairway Group I, LLC Signed on 10/1/09 by U.S. District Judge Michael R. Hogan. (sln)
October 1, 2009 Filing 869 Notice of Filing of Billing Statements and Seventh Application for Interim Professional Compensation.Filed by Jon M. Harder. (English, Stephen)
October 1, 2009 Filing 868 Notice of Lodging of October 1, 2009 Correspondence to Honorable Michael R. Hogan.Filed by Bare Land Intervenors, Grenley Intervenors. (Attachments: #1 Exhibit) (Dean, David)
October 1, 2009 Opinion or Order Filing 867 Order - the following parties are order to mediation before Judge Leavy, Securities and Exchange Commission through its attorney Mark Fickes, Department of Consumer and Business Services, Division of Finance & Corporate Securities through its attorney Kevin Anselm, Jon Harder, Kristen Harder, Wallace Gutzler, Darryl Fisher, Carol Fisher, Michael Grassmueck, Clyde Hamstreet at a date, place, and time to be set by Judge Leavy. Ordered by U.S. District Judge Michael R. Hogan. (sln)
October 1, 2009 Opinion or Order Filing 866 Scheduling Order - Further Telephone Hearing on Certain Coordinating Lenders declarations regarding the plan is set for 10/2/2009 at 09:00AM before U.S. District Judge Michael R. Hogan. Parties who wish to participate are directed to notify the court at (541) 431-4103 prior to 4:00PM today with their name and telephone number. Ordered by U.S. District Judge Michael R. Hogan. (lf) Modified on 10/5/2009 (typographic error to word "notify" corrected)(cw).
October 1, 2009 Filing 865 Proposed Form of Order Submitted Granting Relief from Injunction. Filed by Lewis & Clark Bank. (Attachments: #1 Attachment Certificate of Service) (Walker, Laura)
September 30, 2009 Filing 864 Notice re Motion - Miscellaneous #537 Notice of Lodging of September 30, 2009 Correspondence By Chief Restructuring Officer And Receiver To The Honorable Michael R. Hogan.Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #537 .) (Attachments: #1 Attachment Correspondence dated 9/30/09, #2 Attachment Findings Of Fact And Conclusions Of Law Re Approval Of Distribution Plan Jointly Proposed By Receiver And CRO, #3 Attachment [Proposed] Order Approving Distribution Plan Jointly Proposed By Receiver And CRO, #4 Attachment Clean Copy Of Distribution Plan Of Receiver And CRO For Sunwest Enterprise, #5 Attachment Clean Copy of Receiver's, CRO's, and Debtors' Joint Plan Of Reorganization, #6 Attachment Redlined Distribution Plan of Receiver And CRO, #7 Attachment Redline Receiver's, CRO's And Debtors' Joint Plan Of Reorganization) (Hennesay, A.)
September 30, 2009 Filing 863 Certificate of Service by Davis' Moses Lake, LLC of Motion to Withdraw as Counsel of Record for TICs #786 Amended Filed by Davis' Moses Lake, LLC. (Kahn, Gary)
September 30, 2009 Filing 862 Notice of Lodging of Correspondence to the Honorable Michael R. Hogan.Filed by Certain Coordinating Lenders. (Summers, Brad)
September 29, 2009 Filing 861 Declaration of Brad T. Summers in Support of Omnibus Response to (1) Receiver's Response and Evidentiary Objections to Declaration of Robert K. Rasmussen; (2) Receiver's Evidentiary Objections to Declaration of Bruce L. McFarlane; and (3) Rebuttal Declaration of Michael Grassmueck. Filed by Certain Coordinating Lenders. (Related document(s): Response, #860 .) (Criswell, David)
September 29, 2009 Filing 860 Response Omnibus Response to (1) Receiver's Response and Evidentiary Objections to Declaration of Robert K. Rasmussen; (2) Receiver's Evidentiary Objections to Declaration of Bruce L. McFarlane; and (3) Rebuttal Declaration of Michael Grassmueck. Filed by Certain Coordinating Lenders. (Related document(s): Declaration, #855 , Response, #854 , Response to Motion, #849 .) (Criswell, David)
September 29, 2009 Filing 859 Notice of Fourth Interim Application for Compensation and Expenses Reimbursement for Elsaesser Jarzabek Anderson Marks & Elliott, Chtd. for August 1, 2009, through August 31, 2009.Filed by Unsecured Creditors Committee. (Attachments: #1 Supplement Statement of Experience, #2 Exhibit A: Fee itemization August 2009, #3 Exhibit B: costs for August 2009, #4 Exhibit UCC costs reimbursement, #5 Proposed Order 4th interim application, #6 Attachment Certificate of Service) (Elsaesser, Ford)
September 28, 2009 Filing 858 Transcript of Proceedings held on 9/15/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Main Document 858 replaced on 12/22/2011) (sln).
September 28, 2009 Filing 857 Notice re Declaration, #855 Notice of Lodging of Letter to the Honorable Michael R. Hogan.Filed by Certain Coordinating Lenders. (Related document(s): Declaration, #855 .) (Criswell, David)
September 28, 2009 Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction #850 Case Appealed to Ninth Circuit Case Number 09-35859 assigned. (sln)
September 28, 2009 USCA Appeal Fees re Notice of Appeal - Preliminary Injunction #850 : Received Fee in amount of $455. Receipt number 600004676 issued. (sln)
September 25, 2009 Filing 856 Motion STIPULATION AND ORDER AUTHORIZING PROPERTY MANAGER TO ACT RE FAIRWAY GROUP I, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
September 25, 2009 Filing 855 Declaration of Rebuttal Declaration Of Michael Grassmueck In Support Of Approval Of Proposed Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #537 , Declaration #814 .) (Attachments: #1 Exhibit 1) (Hennesay, A.)
September 25, 2009 Filing 854 Response Receiver's Evidentiary Objections To Declaration of Bruce L. McFarlane In Support Of Coordinating Lenders Opposition To Proposed Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #537 , Declaration #814 .) (Hennesay, A.)
September 25, 2009 Opinion or Order Filing 853 Scheduling Order - Marvin Calhoun and Calhoun's Hawthorne Gardens, LLC's Motion For Order To Restructure Capital Pacific Bank's Mortgage #838 and Motion to Enforce Notice of Intent to Settle and Compromise #768 are set for Oral Argument on 10/13/2009 at 11:30AM in Eugene before U.S. District Judge Michael R. Hogan. (sln) Modified corrected typographical error on 10/2/2009 (sln).
September 25, 2009 Filing 852 Notice and Fifth Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order.Filed by J. Wallace Gutzler. (Johnson, Thomas)
September 25, 2009 Filing 851 Representation Statement re Notice of Appeal - Preliminary Injunction #850 . Filed by PlainsCapital Bank. (Criswell, David)
September 25, 2009 Filing 850 Notice of Appeal to the 9th Circuit Notice of Appeal - Preliminary Injunction Appeal (PlainsCapital Bank). (Criswell, David)
September 25, 2009 Filing 849 Response Reciever's Response And Evidentiary Objections To Declaration of Robert K. Rassmussen In Support of Coordinating Lenders Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Michael Grassmueck. (Hennesay, A.)
September 25, 2009 Filing 847 Request for Omnibus Hearing to Wrap up Pending Matters Affecting the Closure of the Portland Senior Living, LLC Bankruptcy Case. Filed by Capital Pacific Bank. (Summers, Brent)
September 25, 2009 Opinion or Order Filing 846 ORDER: Granting Motion for Authority to Employ Counsel Ogden Murphy, Wallace, P.L.L.C. attorney Leslie R. Pesterfield for Kristin Harder #505 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 25, 2009 Filing 845 Motion for Clarification of Order Order #775 . Filed by Michael Grassmueck. (Larkins, William)
September 25, 2009 Pro Hac Vice Filing Fee in amount of $100.00 collected; Receipt No. 300029099 issued for application by local counsel Robert L. Carlton for Attorney Patrick Risken (sln) Modified on 11/18/2009 to clarify receipt was for Attorney Patrick Risken (sln).
September 25, 2009 Pro Hac Vice Filing Fee in amount of $100.00 collected; Receipt No. 300029239 issued for application for Dillon Jackson (sln)
September 24, 2009 Opinion or Order Filing 844 Order Granting Application for Special Admission Pro Hac Vice of Dillon E. Jackson for Hermiston Assisted Living LLC and Prudential Mortgage SL, LLC.. Signed on 9/24/09 by U.S. District Judge Michael R. Hogan. (sln)
September 24, 2009 Filing 843 Transcript of Proceedings held on 9/23/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Main Document 843 replaced on 12/22/2011) (sln).
September 24, 2009 Filing 839 Notice of Filing of Sixth Billing Statement of Tonkon Torp LLP for the Period Through August 31, 2009.Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
September 23, 2009 Filing 848 MINUTES of Proceedings: -Oral Argument Held on Grassmueck's Motion #537 Distribution Plan, Motion #549 for Order Approving Claims Procedures, Establishing Claims Bar Date, and Approving Other Related Relief, and Motion #541 for Approval of Distribution Plan - MOTIONS TAKEN UNDER ADVISEMENT as of 9/23/09. Ordered - Following Motions to Intervene are GRANTED and to the extent the court held the Evidentiary Hearing 9/23/09 and allowed participation from all interested parties: Federal National Mortgage Association Motion to intervene #640 , Geistlinger's Motion to intervene #804 , Grenley Intervenors Motion to intervene #652 , Unpqua Bank's Motion to intervene #693 , Bare Land Intervenors' Motion to intervene #643 , Neilsen Manufacturing's Motion to intervene #477 , Connolly Bare Lands Investors' Motion to intervene #712 , Spring Pointe's Motion to intervene #827 , Connolly Intervenors' Motion to intervene #714 , Allen's Engelwood Height, Herbert's Brookside, Dunn's Waterford Motion to intervene #701 , Price's Motion to intervene #657 , Vance's Motion to intervene #679 , Central National Bank of Enig, Regions Bank's Motion to intervene #624 , Ventas Realty's Motion to intervene #648 , Prudential Mortgage SL's Motion to intervene #656 , Jacobsen's Motion to intervene #823 , Cathay Bank's Motion to intervene #763 , Johnston's Bluffs, Shumaker's Bluffs, Steinmetz's Bluffs Motion to intervene #709 , Divine Investments Motion to intervene #514 , Zions First Nat'l Bank Motion to intervene #606 , Hermiston Assisted Living Motion to intervene #807 . Russo's Motion for Leave #455 to Proceed Against Insurance Coverage is Granted & referred to mediation, Corum's Motion for Order #472 for Relief from Stay (insurance) is Granted & referred to mediation, Lucas Motion for Order #491 to Obtain Relief from Stay is Granted & referred to mediation, Williams Motion #561 Requesting Relief from Stay is Granted & referred to mediation, Jacobsen's Motion to Expedite #609 Discovery is Denied as Moot, Hermiston Assisted Living Motion to Expedite #635 Discovery is Denied as Moot, Falks' Motion for Leave #782 to File Objection to Plan is Granted, Hermiston and Prudential Mortgate Motion for Leave to Appear Pro Hac Vice for attorney Dillon Jackson #816 is Granted. Grassmueck allowed to submit supplemental response to declaration by 9/30/09. Witnesses Sworn: Bruce McFarland, Robert Rasmussen, Stanley Baty, Michael Grassmueck. Grassmueck Exhibits #542 through #546, 597, #601 and #602 - Received. Certain Coordinating Lenders Exhibits 5006, 5007, 5020, 5060, 5061, 5062, 5203(C), 5301(C), 5402(C), 5480A, 5488A, 5488B, Doc #817, and (Doc #841 which are 30 binders and 1 CD of Exhibits 5000 through 5608 to Robert Taylor's Declaration #817 - Received. Counsel Present: Ronald Adams, Richard Anderson, Kevin Anselm, Richard Baroway, Steven Blackhurst, Barry Caplan, Diana Carey, Christopher Carson, Jonathan Cohen, Richard Stone, Robert Taylor, David Criswell, Brad Summers, Donald Churnside, David Dean, Paul Trinchero, Stephen English, Michael Esler, Mark Fickes, Justine Fischer, Paul George, Kenneth Hennesay, Jr., Nancy Isserlis, Dillon Jackson, Kevin Jacoby, Albert Kennedy, Thomas Krider, Sanford Landress, Benjamin Lauritsen, Chelsea Lewandowski, Merrilee MacLean, David Mills, David Osias, Scott Palmer, Sarah Subias, Andrew Parks, Teresa Pearson, Michael Petersen, Kit Pierson, Randy Rogers, Daniel Rosenhouse, Jeanette Thomas, Helen Tompkins, Steve Berne, Robert Vanden Bos, Laura Walker, Leslie Weatherhead, Greg Yates, David Zaro. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (lf) (Related documents: Motion - Miscellaneous #537 , Motion - Miscellaneous, #549 , Motion - Miscellaneous #541 , Motion to Expedite #609 , Motion to intervene #640 , Motion to intervene #804 , Motion to intervene #652 , Motion to intervene #693 , Motion to intervene #643 , Motion to intervene #477 , Motion to intervene #712 , Motion for Order #491 , Motion to intervene #827 , Motion to intervene #714 , Motion to intervene #701 , Motion for Leave to Appear Pro Hac Vice #816 , Motion for Order #472 , Motion to intervene #657 , Motion to intervene #679 , Motion to Expedite #635 , Motion to intervene #624 , Motion to intervene #648 , Motion to intervene #656 , Motion for Leave #455 , Motion to intervene #823 , Motion to intervene #763 , Motion to intervene #709 , Motion to intervene #514 , Motion for Leave #782 , Motion to intervene #606 , Motion to intervene #807 , Motion - Miscellaneous #561 .)
September 23, 2009 Filing 842 Statement in support of written submissions.Filed by Certain Coordinating Lenders. (sln)
September 23, 2009 Opinion or Order Filing 840 Order authorizing Sunwest Management and Receivership entities to enter into premium financing agreement with Premium Financing Specialists, Inc. Signed on 9/23/09 by U.S. District Judge Michael R. Hogan. (sln)
September 23, 2009 Filing 838 Motion Motion For Order To Restructure Capital Pacific Bank's Mortgage. Oral Argument requested. Filed by Marvin Calhoun. (Calhoun, Marvin)
September 23, 2009 Filing 836 Request for No Further Notices. Filed by Mountain View ALF Investors, LLC. (Levine, Howard)
September 23, 2009 Filing 835 Notice of First Interim Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period July 1, 2009 through August 31, 2009.Filed by Non-Insider LLC Member Group. (Attachments: #1 Certificate of Service re: Notice of First Interim Application for Compensation and Expenses Reimbursement) (Stewart, John)
September 23, 2009 Filing 834 Motion Proposed Order Authorizing Management and Receivership Entities to enter into Premium Financing Agreement with Premium Financing Specialists, Inc.. Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Exhibit) (Yates, Greg)
September 22, 2009 Filing 841 Received 30 binders and 1 CD of Exhibits 5000 through 5608 to Robert L. Taylor's Declaration #817 . Filed by Certain Coordinating Lenders. (sln)(binders located in 10 boxes)
September 22, 2009 Filing 837 MINUTES of Proceedings: - Telephone Argument held on Receiver's Application #580 For Approval Of SWP Property Holdings, LP Offering Memorandum Under Section 3(A)(10) Of The Securities Act Of 1933 - MOTION TAKEN UNDER ADVISEMENT as of 9/22/2009. Frank Scollan for Receiver Grassmueck present as counsel. Teresa Pearson as counsel for Movant General Elec. Capital, etc. via telephone (also present in person - Ruth and George Hermack/investors). Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion - Miscellaneous #580 .) (lf)
September 22, 2009 Filing 833 Declaration of Pat Fahey in Support of Spring Pointe's Pretrial Statement. Filed by Spring Pointe, LLC. (Related document(s): Report #830 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Field, Joseph)
September 22, 2009 Filing 832 Declaration of Greg Niedermeyer in Support of Spring Pointe's Pretrial Statement. Filed by Spring Pointe, LLC. (Related document(s): Report #830 .) (Attachments: #1 Exhibit A) (Field, Joseph)
September 22, 2009 Filing 831 Declaration of Joseph A. Field in Support of Spring Pointe's Pre-trial Statement. Filed by Spring Pointe, LLC. (Related document(s): Report #830 .) (Attachments: #1 Exhibit A) (Field, Joseph)
September 22, 2009 Filing 830 Report of Spring Pointe's Pretrial Statement. Filed by Spring Pointe, LLC. (Field, Joseph)
September 22, 2009 Filing 829 Memorandum in Support of Motion to Intervene. Filed by Spring Pointe, LLC. (Related document(s): Motion to intervene #827 .) (Field, Joseph)
September 22, 2009 Filing 828 Declaration of Joseph A. Field in Support of Motion to Intervene. Filed by Spring Pointe, LLC. (Related document(s): Motion to intervene #827 .) (Field, Joseph)
September 22, 2009 Filing 827 Motion to Intervene. Oral Argument requested. Filed by Spring Pointe, LLC. (Field, Joseph)
September 22, 2009 Filing 826 Declaration of Marcus A. Helt in Support of Coordinating Lenders' Opposition to Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Response in Opposition to Motion, #745 .) (Attachments: #1 Ex. A, #2 Ex. B, #3 Exs. C-E, #4 Exs. F-G, #5 Ex. H pp. 1-78, #6 Ex. H pp. 79-156, #7 Ex. H pp. 157-234, #8 Ex. H pp. 235-312, #9 Ex. H pp. 313-392, #10 Ex. I, #11 Ex. J pp. 1-70, #12 Ex. J pp. 71-140, #13 Ex. J pp. 141-209, #14 Exs. K-M, #15 Exs. N-O, #16 Ex. P, #17 Ex. Q and Certificate of Service) (Criswell, David)
September 22, 2009 Filing 825 Supplemental Memorandum in Opposition Objections to Proposed Distribution Plan to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Eric Jacobsen. (Attachments: #1 Attachment Declaration of Jay Sickler) (Berne, Steven)
September 22, 2009 Filing 824 Trial Memorandum (Pretrial Statement). Filed by Hermiston Assisted Living LLC. (Jackson, Dillon)
September 22, 2009 Filing 823 Motion to Intervene & Set Evidentiary Hearing & Allow Testimony. Oral Argument requested. Filed by Eric Jacobsen. (Attachments: #1 Attachment Affidavit of Steven M. Berne) (Berne, Steven)
September 22, 2009 Filing 822 Certificate of Service by Certain Coordinating Lenders of Exhibit List #821 , Notice, #820 , Declaration #815 , Declaration #817 , Response in Opposition to Motion, #811 , Declaration #814 , Trial memorandum #812 , Declaration #813 , Notice, #810 Filed by Certain Coordinating Lenders. (Criswell, David)
September 22, 2009 Filing 821 Exhibit List. Filed by Certain Coordinating Lenders. (Criswell, David)
September 22, 2009 Filing 820 Notice re Motion - Miscellaneous #541 , Motion - Miscellaneous #537 , Response in Opposition to Motion, #745 Notice of Filing of Exhibits.Filed by Certain Coordinating Lenders. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 , Response in Opposition to Motion, #745 .) (Criswell, David)
September 22, 2009 Filing 819 Response of Jon Harder, Darryl Fisher, and Wally Gutzler to Omnibus Reply to Objections to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Jon M. Harder, Darryl E. Fisher, J. Wallace Gutzler. (VanSpeybroeck, David)
September 22, 2009 Filing 818 Declaration of Jay Sickler in support of Objection of Hermiston to SEC Receiver's Proposed Distribution Plan. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion - Miscellaneous #541 , Objection, #667 .) (Jackson, Dillon)
September 22, 2009 Filing 817 Declaration of Robert L. Taylor In Support of Coordinating Lenders' Opposition to Proposed Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Response in Opposition to Motion, #745 .) (Criswell, David)
September 22, 2009 Filing 816 Motion for Leave to Appear Pro Hac Vice for Dillon E. Jackson. Filed by Hermiston Assisted Living LLC, Prudential Mortgage SL, LLC. (Jackson, Dillon)
September 22, 2009 Filing 815 Declaration of Stan L. Baty In Support of Coordinating Lenders' Opposition to Proposed Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Response in Opposition to Motion, #745 .) (Criswell, David)
September 22, 2009 Filing 814 Declaration of Bruce L. McFarlane In Support of Coordinating Lenders' Opposition to Proposed Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Response in Opposition to Motion, #745 .) (Criswell, David)
September 22, 2009 Filing 813 Declaration of Robert K. Rasmussen In Support of Coordinating Lenders' Opposition to Proposed Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Response in Opposition to Motion, #745 .) (Criswell, David)
September 22, 2009 Filing 812 Trial Memorandum /Evidence Summary in Support of Objections to Proposed Distribution Plan. Filed by Certain Coordinating Lenders. (Criswell, David)
September 22, 2009 Filing 811 Supplemental Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Certain Coordinating Lenders. (Criswell, David)
September 22, 2009 Filing 810 Notice re Motion - Miscellaneous #541 , Motion - Miscellaneous #537 , Response in Opposition to Motion, #745 Notice of Submittal of Letter to Judge Hogan Regarding Filing of Supplement to Objection to Distribution Plan and Supporting Documents.Filed by Certain Coordinating Lenders. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 , Response in Opposition to Motion, #745 .) (Criswell, David)
September 22, 2009 Filing 809 Declaration of Dillon E. Jackson in support of Hermiston Heights Assisted Living LLC's Motion to Intervene. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion to intervene #807 .) (Jackson, Dillon)
September 22, 2009 Filing 808 Memorandum in Support of Hermiston Heights Assisted Living LLC's Motion to Intervene. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion to intervene #807 .) (Jackson, Dillon)
September 22, 2009 Filing 807 Motion to Intervene by Hermiston Heights Assisted Living LLC. Oral Argument requested. Filed by Hermiston Assisted Living LLC. (Attachments: #1 Proposed Order) (Jackson, Dillon)
September 22, 2009 Filing 806 Supplement to Motion for Clarification of Distribution Plan of Receiver and CRO. Filed by Connolly Bare Lands Investors, Connolly Intervenors. (Related document(s): Motion for Clarification #716 .) (Attachments: #1 Exhibit B) (Jacoby, Kevin)
September 22, 2009 Filing 805 Affidavit of Harry Geistlinger in Support of Motion. Filed by Harry Geistlinger. (Related document(s): Motion to intervene #804 .) (Hoyt, Mark)
September 22, 2009 Filing 804 Motion to Intervene. Oral Argument requested. Filed by Harry Geistlinger. (Hoyt, Mark)
September 22, 2009 Filing 803 Supplemental Declaration of Norman Brenden in support of the Objection of Hermiston to SEC Receiver's Proposed Distribution Plan. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion - Miscellaneous #541 , Declaration, #669 , Objection, #667 .) (Jackson, Dillon)
September 21, 2009 Opinion or Order Filing 802 Order Granting Application for Special Admission Pro Hac Vice of Daniel W. Sigelman for Kurtz's Canyon Crest, Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC. Application Fee in amount of $100 collected. Receipt No. 600004667 issued. Signed on 9/21/09 by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2009 Filing 801 Objection(s) to the Use of Declarations Without Right of Cross-Examination and Motion to Strike Declarations. Filed by Certain Coordinating Lenders. (Related document(s): Motion - Miscellaneous #537 .) (Criswell, David)
September 21, 2009 Opinion or Order Filing 800 ORDER: Granting Defendant Jon Harder's Motion to make $8000 payment to Grove Mueller #797 . Court authorizes Clyde A. Hamstreet as CRO to pay Grove Mueller $8000. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 21, 2009 Filing 799 Amended Response in Opposition to Motion for Relief from Stay and from Injunction #552 . Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
September 21, 2009 Filing 798 Response Objection to Motion for Relief from Stay and from Injunction #552 . Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
September 21, 2009 Filing 797 Motion to Make $8000 Payment to Grove Mueller. Filed by Jon M. Harder. (VanSpeybroeck, David)
September 18, 2009 Filing 796 Notice re Motion - Miscellaneous #537 Submission of Proposed Revisions To Distribution Plan of Receiver And Chief Restructuring Officer.Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #537 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Hennesay, A.)
September 18, 2009 Filing 795 Reply Omnibus Reply to Objections to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Michael Grassmueck. (Attachments: #1 Exhibit 1) (Hennesay, A.)
September 18, 2009 Filing 794 Motion for Leave to Appear Pro Hac Vice for Daniel Sigelman. Filed by Kurtz's Canyon Crest. (Fischer, Justine)
September 18, 2009 Opinion or Order Filing 793 Order Granting Application for Special Admission Pro Hac Vice of Todd J. Dressel for General Electric Capital Corporation and GE Business Financial Services, Inc. Application Fee in amount of $100 collected. Receipt No. 600004654 issued. Signed on 9/18/09 by U.S. District Judge Michael R. Hogan. (sln)
September 18, 2009 Opinion or Order Filing 792 Order Granting Application for Special Admission Pro Hac Vice of Randy Rogers for General Electric Capital Corporation and GE Business Financial Services, Inc. Application Fee in amount of $100 collected. Receipt No. 600004653 issued. Signed on 9/18/09 by U.S. District Judge Michael R. Hogan. (sln)
September 18, 2009 Opinion or Order Filing 791 Order Granting Application for Special Admission Pro Hac Vice of Jon E. Doak for Steinmetz's Bluffs, LLC, Shumaker's Bluffs, LLC, Johnston's Bluffs, LLC. Application Fee in amount of $100 collected. Receipt No. 600004652 issued. Signed on 9/18/09 by U.S. District Judge Michael R. Hogan. (sln)
September 18, 2009 Filing 790 Declaration of Laura J. Walker. Filed by TI-HUD Investments I, LLC. (Related document(s): Objection #753 .) (Attachments: #1 Exhibit Exh A, B and C, #2 Exhibit Exh D and E, #3 Exhibit Exh F, #4 Exhibit Exh G, H, I, J and K, #5 Attachment Certificate of Service) (Walker, Laura)
September 18, 2009 Opinion or Order Filing 789 Order Granting Application for Special Admission Pro Hac Vice of Francis Norman Scollan for Michael Grassmueck. Application Fee in amount of $100 collected. Receipt No. 600004661 issued. Signed on 9/18/09 by U.S. District Judge Michael R. Hogan. (sln)
September 18, 2009 Opinion or Order Filing 788 ORDER: Granting Motion #787 authorizing the CRO to enter into insurance premium financing agreements with Premium Financing Specialists, Inc. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 18, 2009 Filing 787 Motion MOTION AND PROPOSED ORDER AUTHORIZING THE CRO TO ENTER INTO INSURANCE PREMIUM FINANCING AGREEMENTS WITH PREMIUM FINANCING SPECIALISTS, INC.. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
September 17, 2009 Filing 786 Motion to Withdraw as Counsel of Record for TICs. Filed by Davis' Moses Lake, LLC. (Kahn, Gary)
September 17, 2009 Filing 785 Objection(s) to Distribution Plan Jointly Proposed by Receiver and CRO; and Proposed Findings of Fact and Conclusions of Law regarding Approval of Distribution of Plan. Filed by Gregory A Falk, Esther I Falk. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Palmer, R.)
September 17, 2009 Filing 784 Certificate of Service by Gregory A Falk, Esther I Falk of Declaration, #783 , Motion for Leave to File Objection to the Distribution Plan Jointly Proposed by the Receiver and CRO #782 Filed by Gregory A Falk, Esther I Falk. (Palmer, R.)
September 17, 2009 Filing 783 Declaration of R. Scott Palmer in Support of Creditors/Interested Parties Gregory A. Falk, DO and Esther I. Falks' Motion for Leave to File Objection to the Distribution Plan Jointly Proposed by the Receiver and CRO. Filed by Gregory A Falk, Esther I Falk. (Related document(s): Motion for Leave #782 .) (Palmer, R.)
September 17, 2009 Filing 782 Motion for Leave to File Objection to the Distribution Plan Jointly Proposed by the Receiver and CRO. Filed by Gregory A Falk, Esther I Falk. (Palmer, R.)
September 17, 2009 Filing 781 Motion Application for Special Admission - Pro Hac Vice. Filed by Michael Grassmueck. (Larkins, William)
September 17, 2009 Filing 780 Declaration of Robert E. Price In Support of Objection To Receivership Plan. Filed by Robert E Price. (Related document(s): Objection #663 .) (Carlton, Robert)
September 16, 2009 Opinion or Order Filing 779 Order Granting Application for Special Admission Pro Hac Vice of Patrick M Risken for Robert E Price. Application Fee in amount of $100 needs to be paid. Signed on 9/16/09 by U.S. District Judge Michael R. Hogan. (sln)
September 16, 2009 Opinion or Order Filing 778 Stipulation and Order granting Ventas Realty, Limited Partnership relief from injunction as to Las Cruces, LLC Signed on 9/16/09 by U.S. District Judge Michael R. Hogan. (sln)
September 16, 2009 Filing 777 Notice and First Interim Application For Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
September 16, 2009 Filing 776 Notice & Fifth Interim Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
September 16, 2009 Opinion or Order Filing 775 Order setting maximum budgets for professionals for August though December 2009. Signed on 9/16/09 by U.S. District Judge Michael R. Hogan. (sln)
September 16, 2009 Filing 774 Motion STIPULATION AND ORDER GRANTING VENTAS REALTY, LIMITED PARTNERSHIP RELIEF FROM INJUNCTION AS TO LAS CRUCES, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
September 15, 2009 Filing 773 MINUTES of Proceedings: Telephone Conference held on 9/15/09 - re: the deposition of the forensic accountant and the court allows the deposition to the extent that the deposition may be taken on behalf of Royal Bank of Scotland, NebraskaLand National Bank, First National Bank, PlainsCapital Bank, ING USA Annuity and Life Insurance Company, ING Life Insurance and Annuity Company, ReliaStar Life Insurance Company, Columbia Pacific SW/CS, LLC, MainSource Bank, and other objecting secured lenders for no more than two hours. Richard Stone, Robert Taylor, David Zaro, Frank Scollan present. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (sln)
September 15, 2009 Filing 772 Stipulated Order dissolving injunction as to Tulsa Senior Living, LLC and its property and approving sale of real and personal property. Signed on 9/15/09 by U.S. District Judge Michael R. Hogan. (sln)
September 15, 2009 Filing 771 Notice of Appearance of Timothy D. Ducar appearing on behalf of West Coast Plumbing Co.Filed by on behalf of West Coast Plumbing Co. (sln)
September 15, 2009 Filing 770 Notice NOTICE OF FILING OF BILLING STATEMENTS OF CLYDE A. HAMSTREET & ASSOCIATES, LLC, ALVAREZ & MARSAL, LLC, GREENE & MARKLEY, P.C., AND STEPTOE & JOHNSON LLP FOR THE PERIOD AUGUST 1, 2009 THROUGH AUGUST 31, 2009.Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Hamstreet & Associates Invoice, #2 Alvarez & Marsal Invoice, #3 Greene & Markley Invoice, #4 Steptoe & Johnson Invoice) (Yates, Greg)
September 15, 2009 Filing 768 Motion Motion to Enforce Notice of Intent to Settle and Compromise. Oral Argument requested. Filed by Marvin Calhoun. (Calhoun, Marvin)
September 15, 2009 Filing 767 Motion STIPULATED ORDER DISSOLVING INJUNCTION AS TO TULSA SENIOR LIVING, LLC AND ITS PROPERTY AND APPROVING SALE OF REAL AND PERSONAL PROPERTY. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
September 15, 2009 Filing 766 Motion for Limited Admission Application For Special Admission - Pro Hac Vice. Filed by Robert E Price. (Carlton, Robert)
September 14, 2009 Opinion or Order Filing 769 Order Granting Application for Special Admission Pro Hac Vice of Nancy L. Isserlis for Non-Insider LLC Member Group. Application Fee in amount of $100 collected. Receipt No. 600004631 issued. Signed on 9/14/09 by U.S. District Judge Michael R. Hogan. (sln)
September 11, 2009 Filing 765 Objection(s) Cathay Bank's Limited Objection to Proposed Distribution Plan. Filed by cathay bank. (Related document(s): Motion - Miscellaneous #541 .) (Schofield, Dale)
September 11, 2009 Filing 764 Proposed Form of Order Submitted. Filed by cathay bank. (Schofield, Dale)
September 11, 2009 Filing 763 Motion to Intervene. Filed by cathay bank. (Schofield, Dale)
September 11, 2009 Opinion or Order Filing 762 Order Granting Application for Special Admission Pro Hac Vice of Brad A. Baldwin for Tennessee Commerce Bank. Application Fee in amount of $100 collected. Receipt No. 600004607 issued. Signed on 9/9/09 by U.S. District Judge Michael R. Hogan. (sln)
September 11, 2009 Opinion or Order Filing 761 Order Granting Application for Special Admission Pro Hac Vice of Erich N. Durlacher for Tennessee Commerce Bank. Application Fee in amount of $100 collected. Receipt No. 600004606 issued. Signed on 9/9/09 by U.S. District Judge Michael R. Hogan. (sln)
September 11, 2009 Filing 760 Certificate of Service by Prudential Mortgage SL, LLC of Objection #757 Filed by Prudential Mortgage SL, LLC. (Jackson, Dillon)
September 11, 2009 Filing 759 Declaration of Thomas Wettlaufer in Support of Opposition to Motion for Expedited Discovery. Filed by Michael Grassmueck. (Related document(s): Response in Opposition to Motion #758 .) (Larkins, William)
September 11, 2009 Filing 758 Response in Opposition to Motion to Expedite or Accelerate Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet & Associates, LLC and Receiver Michael A. Grassmueck #635 . Filed by Michael Grassmueck. (Larkins, William)
September 11, 2009 Filing 757 Objection(s) of Prudential to the Receiver's Plan of Distribution. Filed by Prudential Mortgage SL, LLC. (Related document(s): Motion - Miscellaneous #541 .) (Jackson, Dillon)
September 11, 2009 Filing 756 Response to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Community Bank. (Goldstein, Bennett)
September 11, 2009 Filing 755 Declaration of Diane Hartz Warsoff in Support of Zions First National Bank's Objections to Proposed Distribution Plan Relating to Spokane Senior Living, LLC. Filed by Zions First National Bank. (Related document(s): Objection, #754 .) (Baroway, Richard)
September 11, 2009 Filing 754 Objection(s) Zions First National Bank's Objections to Proposed Distribution Plan Relating to Spokane Senior Living, LLC. Filed by Zions First National Bank. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Baroway, Richard)
September 11, 2009 Filing 753 Objection(s) of TI-HUD Investments I, L.L.C. to Plan of Distribution. Filed by Tutera Investments, LLC. (Related document(s): Motion - Miscellaneous #537 .) (Attachments: #1 Attachment Cerficate of Service) (Walker, Laura)
September 11, 2009 Filing 752 Objection(s) to Proposed Distribution Plan. Filed by Centerline Servicing, Inc.. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Lauritsen, Benjamin)
September 11, 2009 Filing 751 Objection(s) to Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Motion - Miscellaneous #541 .) (Elkanich, David)
September 11, 2009 Filing 750 Objection(s) to Distribution Plan. Filed by Certain Coordinating Lenders. (Related document(s): Motion - Miscellaneous #541 .) (Elkanich, David)
September 11, 2009 Filing 749 Objection(s) (of Ventas Realty, Limited Partnership to Proposed Distribution Plan). Filed by Ventas Realty, Limited Partnership. (Carson, Christopher)
September 11, 2009 Filing 748 Objection(s) Limited Objection of Wells Fargo Bank to Proposed Distribution Plan. Filed by Wells Fargo Bank National Association. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Bledsoe, David)
September 11, 2009 Opinion or Order Filing 747 Order Notice of Filing of Fourth Billing Statements of Tonkon Torp LLP for the Period Through June 30, 2009 #425 added additional professionals. Professional fees are allowed for the hours requested at the following rates: Scott G. Seidman $400, Ava L. Schoen $250, Michael J. Millender $250, Jeffrey Keeney $350, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 11, 2009 Filing 746 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by First National Bank & Trust Co. of McAlester, Oklahoma. (Caplan, Barry)
September 11, 2009 Filing 745 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Certain Coordinating Lenders. (Criswell, David)
September 11, 2009 Filing 744 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Umpqua Bank. (Mills, David)
September 11, 2009 Filing 743 Motion NOTICE AND APPLICATION FOR PAYMENT OF ATTORNEYS FEES OF LANE POWELL PC, COUNSEL FOR SUNWEST MANAGEMENT, INC.. Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Attachment Declaration, #2 Exhibit Fee and Expense Invoices) (Yates, Greg)
September 11, 2009 Filing Fee for Special Admission Pro Hac Vice #497 for Tobias Cole in amount of $100.00 collected; Receipt No. 600004632 issued. (sln)
September 10, 2009 Filing 742 Objection(s) to Distribution Plan of Receiver and CRO for Sunwest Enterprise. Filed by Neilsen Manufacturing Incorporated. (Related document(s): Motion - Miscellaneous #537 .) (Petersen, Michael)
September 10, 2009 Filing 741 Objection(s) of First Sound Bank to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by First Sound Bank. (Related document(s): Affidavit, #542 , Motion - Miscellaneous #541 , Exhibits #538 , Declaration, #546 , Exhibits, #539 , Affidavit, #543 , Motion - Miscellaneous #537 , Affidavit, #544 , Memorandum in Support of Motion #547 , Exhibits, #540 , Declaration, #545 .) (Pearson, Teresa)
September 10, 2009 Filing 740 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Cornerstone Community Bank. (Walker, Laura)
September 10, 2009 Filing 739 Declaration of Thomas Wettlaufer in Support of Opposition to Motion for Expedited Discovery. Filed by Michael Grassmueck. (Related document(s): Response in Opposition to Motion #737 .) (Larkins, William)
September 10, 2009 Filing 738 Declaration of William L. Larkins, Jr. , Counsel, in Support of Opposition to Motion for Expedited Discovery. Filed by Michael Grassmueck. (Related document(s): Response in Opposition to Motion #737 .) (Attachments: #1 Exhibit A) (Larkins, William)
September 10, 2009 Filing 737 Response in Opposition to Motion to Expedite or Accelerate Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet, LLC and Receiver Michael A. Grassmueck #609 . Filed by Michael Grassmueck. (Larkins, William)
September 10, 2009 Filing 736 Declaration of Thomas W. Crocker. Filed by Tennessee Commerce Bank. (Related document(s): Response in Opposition to Motion, #735 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibits 3 and 4, #4 Exhibit Exhibits 5, 6 and 7, #5 Exhibit Exhibits 8 and 9, #6 Exhibit Exhibit 10, #7 Attachment Certificate of Service) (Walker, Laura)
September 10, 2009 Filing 735 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Tennessee Commerce Bank. (Walker, Laura)
September 10, 2009 Opinion or Order Filing 734 Order granting First Notice and Application of Financial Forensics for Payment of Fees and Expenses #388 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregory Gadawski $230, Darrell Dorrel $310, Heidi Bowen $160, Kevin Gadawski $215, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 733 Order granting Fourth Motion for Attorney Fees Pursuant to CRO Agreement and Court Order filed by Darryl E. Fisher #513 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Filing 732 Declaration of Laura J. Walker. Filed by Lewis & Clark Bank. (Related document(s): Response in Opposition to Motion, #730 .) (Walker, Laura)
September 10, 2009 Filing 731 Declaration of Larry Baker. Filed by Lewis & Clark Bank. (Related document(s): Response in Opposition to Motion, #730 .) (Attachments: #1 Exhibit Exhibits A, B, C and D, #2 Exhibit Exhibits E, F, G, H and I, #3 Exhibit Exhibits J, K and L, #4 Attachment Certificate of Service) (Walker, Laura)
September 10, 2009 Filing 730 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 , Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Lewis & Clark Bank. (Walker, Laura)
September 10, 2009 Opinion or Order Filing 729 Order - Amending Order 721 granting Notice of Filing of Fourth Billing Statements of Tonkon Torp LLP for the Period Through June 30, 2009 #425 to read: This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, Barbee B. Lyon $400, Robyn Ridler Aoyagi $275, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Filing 728 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by SMI Group XV, LLC. (Walker, Laura)
September 10, 2009 Filing 727 Declaration of Laura J. Walker In Support of Motion to Intervene. Filed by Steinmetz's Bluffs, LLC, Shumaker's Bluffs, LLC, Johnston's Bluffs, LLC. (Related document(s): Motion to intervene #709 .) (Walker, Laura)
September 10, 2009 Opinion or Order Filing 726 Order granting Notice of Third and Fourth Billing Statements of Perkins Coie LLP filed by J. Wallace Gutzler #510 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, Bryan Smith $450, David Symes $390, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 725 Order granting Notice and Fourth Interim Application for Payment of Attorney Fees Pursuant to CRO Agreement and Court Order filed by Darryl E. Fisher #500 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 724 Order - Third Motion for Attorney Fees Pursuant to CRO Agreement and Court Order by Relief Defendant Darryl E. Fisher #473 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 723 Order granting Notice and Third Interim Application for Payment filed by Darryl E. Fisher #449 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 722 Order - all interested parties shall show cause, within 10 days, why the appointment of the ombudsman should not be terminated. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 721 Order granting Notice of Filing of Fourth Billing Statements of Tonkon Torp LLP for the Period Through June 30, 2009 #425 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, Brent Hamstreet $100, Alex Chan $400, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Opinion or Order Filing 720 Order Notice of Filing of Billing Statement of Moss Adams LLP for the Period March 10, 2009 through June 17, 2009 #421 is denied without prejudice to resubmit with the court required position and experience level of each professional as well as their requested hourly rates. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 10, 2009 Filing 719 Certificate of Service by Sterling Savings Bank re Ct. Recs. 678 and 681 Filed by Sterling Savings Bank. (Weatherhead, Leslie)
September 10, 2009 Filing 718 Amended Memorandum in Support of Objections to Distribution Plan. Filed by Grenley Intervenors. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Grenley, Gary)
September 10, 2009 Opinion or Order Filing 717 Scheduling Order - Receiver's Motion Application #580 For Approval Of SWP Property Holdings, LP Offering Memorandum Under Section 3(A)(10) Of The Securities Act Of 1933 - Oral Argument is set for 9/22/2009 at 11:15AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
September 9, 2009 Filing 716 Motion for Clarification of Distribution Plan of Receiver and CRO Motion - Miscellaneous #537 . Oral Argument requested. Filed by Connolly Bare Lands Investors, Connolly Intervenors. (Attachments: #1 Exhibit A) (Jacoby, Kevin)
September 9, 2009 Filing 715 Memorandum in Support of Motion to Intervene. Filed by Connolly Intervenors. (Related document(s): Motion to intervene #714 .) (Jacoby, Kevin)
September 9, 2009 Filing 714 Motion to Intervene. Filed by Connolly Intervenors. (Attachments: #1 Exhibit A) (Jacoby, Kevin)
September 9, 2009 Filing 713 Memorandum in Support of Motion to Intervene. Filed by Connolly Bare Lands Investors. (Related document(s): Motion to intervene #712 .) (Jacoby, Kevin)
September 9, 2009 Filing 712 Motion to Intervene. Filed by Connolly Bare Lands Investors. (Attachments: #1 Exhibit A) (Jacoby, Kevin)
September 9, 2009 Filing 711 Memorandum in Opposition and Objections of Putative Class Representatives in D. Kurtz's Canyon Crest, LLC et al. v. Davis Wright Tremaine et al. to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Kurtz's Canyon Crest. (Attachments: #1 Certificate of Service) (Fischer, Justine)
September 9, 2009 Filing 710 Objection(s) of Bank of Whitman to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Bank of Whitman. (Related document(s): Affidavit, #542 , Motion - Miscellaneous #541 , Exhibits #538 , Declaration, #546 , Exhibits, #539 , Affidavit, #543 , Motion - Miscellaneous #537 , Affidavit, #544 , Memorandum in Support of Motion #547 , Exhibits, #540 , Declaration, #545 .) (Pearson, Teresa)
September 9, 2009 Filing 709 Motion to Intervene. Filed by Steinmetz's Bluffs, LLC, Shumaker's Bluffs, LLC, Johnston's Bluffs, LLC. (Attachments: #1 Proposed Order Proposed Order to Intervene, #2 Attachment Certificate of Service) (Walker, Laura)
September 9, 2009 Filing 708 Declaration of Kit A. Pierson in Support of Motion to Intervene. Filed by Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC. (Related document(s): Motion to intervene #701 .) (Fischer, Justine)
September 9, 2009 Filing 707 Declaration of Ed Dailey in Support of Objections of Matrix Advisors IV, LLC to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Matrix Advisors IV, LLC. (Related document(s): Objection, #706 .) (Attachments: #1 Exhibit Exhibits A-L) (Pearson, Teresa)
September 9, 2009 Filing 706 Objection(s) of Matrix Advisors IV, LLC to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Matrix Advisors IV, LLC. (Related document(s): Affidavit, #542 , Motion - Miscellaneous #541 , Exhibits #538 , Declaration, #546 , Exhibits, #539 , Affidavit, #543 , Motion - Miscellaneous #537 , Affidavit, #544 , Memorandum in Support of Motion #547 , Exhibits, #540 , Declaration, #545 .) (Pearson, Teresa)
September 9, 2009 Filing 705 Declaration of Teresa H. Pearson in Support of Objections of U.S. Bank National Association to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by U.S. Bank National Association. (Related document(s): Objection, #698 .) (Attachments: #1 Exhibit Exhibit A) (Pearson, Teresa)
September 9, 2009 Filing 704 Memorandum in Support Motion to Intervene. Filed by Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC. (Related document(s): Motion to intervene #701 .) (Fischer, Justine)
September 9, 2009 Filing 703 Motion for Clarification of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprises Motion - Miscellaneous #537 . Filed by Jon M. Harder. (Attachments: #1 Attachment August 6, 2009 Transcript) (VanSpeybroeck, David)
September 9, 2009 Filing 702 Reply to SEC's Objections to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Jon M. Harder. (Attachments: #1 Exhibit 1) (VanSpeybroeck, David)
September 9, 2009 Filing 701 Motion to Intervene. Oral Argument requested. Filed by Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC. (Fischer, Justine)
September 9, 2009 Filing 700 Declaration of Todd W. Bennett in Support of Objections of U.S. Bank National Association to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by U.S. Bank National Association. (Related document(s): Objection, #698 .) (Attachments: #1 Exhibit Exhibits A-B, #2 Exhibit Exhibits C-F, #3 Exhibit Exhibit G, #4 Exhibit Exhibit H-I, #5 Exhibit Exhibit J, #6 Exhibit Exhibits K-M, #7 Exhibit Exhibits N-P) (Pearson, Teresa)
September 9, 2009 Filing 699 Proposed Form of Order Submitted Order Granting Umpqua Bank's Motion to Intervene and Allow Participation in Evidentiary or Other Hearing. Filed by Umpqua Bank. (Mills, David)
September 9, 2009 Filing 698 Objection(s) to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by U.S. Bank National Association. (Related document(s): Affidavit, #542 , Motion - Miscellaneous #541 , Exhibits #538 , Declaration, #546 , Exhibits, #539 , Affidavit, #543 , Motion - Miscellaneous #537 , Affidavit, #544 , Memorandum in Support of Motion #547 , Exhibits, #540 , Declaration, #545 .) (Pearson, Teresa)
September 9, 2009 Filing 697 Memorandum in Support of Objections to Distibution Plan. Filed by Bare Land Intervenors. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Grenley, Gary)
September 9, 2009 Filing 696 Memorandum in Support of Objections to Proposd Distribution Plan. Filed by Grenley Intervenors. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Grenley, Gary)
September 9, 2009 Filing 695 Objection(s) to Proposed Distribution Plan. Filed by Bare Land Intervenors. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Grenley, Gary)
September 9, 2009 Filing 694 Objection(s) to Proposed Distribution Plan. Filed by Grenley Intervenors. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Grenley, Gary)
September 9, 2009 Filing 693 Motion to Intervene and Allow Participation in Evidentiary Hearing. Filed by Umpqua Bank. (Mills, David)
September 9, 2009 Filing 692 Declaration of Robert Boyd in Support of Zions First National Bank's Objections to Proposed Distribution Plan. Filed by Zions First National Bank. (Related document(s): Objection #684 .) (Attachments: #1 Exhibit exhibit 1, #2 Exhibit exhibit 2, #3 Exhibit exhibit 3, #4 Exhibit exhibit 4, #5 Exhibit exhibit 5, #6 Exhibit exhibit 6, #7 Exhibit exhibit 7, #8 Exhibit exhibit 8, #9 Exhibit exhibit 9, #10 Exhibit exhibit 10, #11 Exhibit exhibit 11, #12 Exhibit exhibit 12, #13 Exhibit exhibit 13, #14 Exhibit exhibit 14, #15 Exhibit exhibit 15) (Baroway, Richard)
September 9, 2009 Filing 691 Declaration of Bay Bank Carter M. Mann in Support of Bay Bank's Objections to Proposed Distribution Plan. Filed by Bay Bank, a division of Cowlitz Bank. (Related document(s): Motion - Miscellaneous #690 .) (Mann, Carter)
September 9, 2009 Filing 690 Bay Bank's Objections to Proposed Distribution Plan. Filed by Bay Bank, a division of Cowlitz Bank. (Mann, Carter) Modified on 9/10/2009 - document incorrectly filed as a motion, terminated as a pending motion (sln)
September 9, 2009 Filing 689 Objection(s) Limited Objection of the Tenants-In-Common Committee to Proposed Distribution Plan. Filed by Tenants in Common Committee. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 , Motion - Miscellaneous #535 .) (MacLean, Merrilee)
September 9, 2009 Filing 688 Proposed Form of Order Submitted Granting Carol Vance's Motions to Intervene and Allow Participation in Evidentiary or Other Hearing. Filed by Carol Vance. (Lewandowski, Chelsea)
September 9, 2009 Filing 687 Declaration of Adam R. Kelly in Support of Zions First National Bank's Objections to Proposed Distribution Plan. Filed by Zions First National Bank. (Related document(s): Objection #684 .) (Attachments: #1 Exhibit ex 1) (Baroway, Richard)
September 9, 2009 Filing 686 Declaration of Jon E. Doak in Support of Objection to Plan. Filed by Steinmetz's Bluffs, LLC, Shumaker's Bluffs, LLC, Johnston's Bluffs, LLC. (Related document(s): Motion - Miscellaneous #537 .) (Attachments: #1 Exhibit Exhibits A, B, C, D and E, #2 Exhibit Exhibits F, G, H I and J, #3 Exhibit Exhibits K, L, M, N and O, #4 Exhibit Exhibits P, Q, R and S, #5 Exhibit Exhibits T, U, V, W and X, #6 Exhibit Exhibits Y and Z, #7 Supplement Certificate of Service) (Walker, Laura)
September 9, 2009 Filing 685 Declaration of Chelsea S. Lewandowski in Support of Motions to Intervene and to Set Evidentiary Hearing and Allow Testimony. Filed by Carol Vance. (Related document(s): Motion to intervene #679 .) (Lewandowski, Chelsea)
September 9, 2009 Filing 684 Objection(s) Zions First National Bank's Objections to Proposed Distribution Plan. Filed by Zions First National Bank. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Baroway, Richard)
September 9, 2009 Filing 683 Objection(s) to Distribution Plan Jointly Proposed by Receiver and CRO and Proposed Findings of Fact and Conclusion of Law re Approval of Distrubition Plan Jointly Proposed by Receiver and CRS (Hillside Transaction). Filed by Sterling Savings Bank. (Related document(s): Motion - Miscellaneous #537 .) (Landress, Sanford)
September 9, 2009 Filing 682 Memorandum in Support of Motions to Intervene and to Set Evidentiary Hearing and Allow Testimony. Filed by Carol Vance. (Related document(s): Motion to intervene #679 .) (Lewandowski, Chelsea)
September 9, 2009 Filing 681 Affidavit of Daniel Halstrom in Support of Sterling Savings Bank's Objection to Distribution Plan and Findings and Conclusions. Filed by Sterling Savings Bank. (Related document(s): Objections to Findings & Recommendation, #678 .) (Weatherhead, Leslie)
September 9, 2009 Filing 680 Supplemental Declaration of Edward R. Pierce in Support of Creditor Salem Investors' Objection to the Distribution Plan or Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Salem Investors, a California General Partnership. (Related document(s): Response in Opposition to Motion, #676 .) (Whipple, B.)
September 9, 2009 Filing 679 Motion to Intervene and to Set Evidentiary Hearing and Allow Testimony. Oral Argument requested. Filed by Carol Vance. (Lewandowski, Chelsea)
September 9, 2009 Filing 678 Objections to Distribution Plan and Jointly Proposed by Receiver and CRO and Proposed Findings of Fact and Conclusions of law with regard to motion to approve the plan to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Sterling Savings Bank. (Weatherhead, Leslie) Modified text on 9/10/2009 (sln).
September 9, 2009 Opinion or Order Filing 677 Stipulation and Order granting Newstar CP Funding LLC relief from injunction as to Wichita Falls Apartments Property, LLC and authorizing assignment of interests to Tenants in Common Signed on 9/9/09 by U.S. District Judge Michael R. Hogan. (sln)
September 9, 2009 Filing 676 Response in Opposition (Objection to Distribution Plan) to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Salem Investors, a California General Partnership. (Whipple, B.)
September 9, 2009 Filing 675 Response in Opposition to Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Steinmetz's Bluffs, LLC, Shumaker's Bluffs, LLC, Johnston's Bluffs, LLC. (Attachments: #1 Attachment Certificate of Service) (Walker, Laura)
September 9, 2009 Opinion or Order Filing 674 ORDER: Granting Jerry V. Duery's Motion to lift preliminary injunction #569 . Signed on 9/9/09 by U.S. District Judge Michael R. Hogan. (sln)
September 9, 2009 Filing 673 Agreed Order extending deadline for Secured Lenders to object to plan of distribution to 9/11/09 at 4pm.. Signed on 9/9/09 by U.S. District Judge Michael R. Hogan. (sln)
September 9, 2009 Filing 672 Objection(s) to Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprises. Filed by Spring Pointe, LLC. (Related document(s): Motion - Miscellaneous #541 .) (Field, Joseph) Modified text on 9/10/2009 (sln).
September 9, 2009 Filing 671 Declaration of Service. Filed by Prudential Mortgage SL, LLC. (Related document(s): Motion to intervene #656 , Declaration #661 , Memorandum in Support of Motion #659 .) (Jackson, Dillon)
September 9, 2009 Filing 670 Memorandum in Opposition to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Eric Jacobsen. (Berne, Craig)
September 9, 2009 Filing 669 Declaration of Norman Brenden in Support of the Objection of Hermiston to SEC Receiver's Proposed Distribution Plan. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion - Miscellaneous #541 .) (Attachments: #1 Attachment Declaration Part II, #2 Attachment Declaration Part III, #3 Attachment Declaration - Part IV, #4 Attachment Certificate of Service) (Jackson, Dillon)
September 9, 2009 Filing 668 Memorandum in Opposition to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Lassen House LLC, Eric Jacobsen. (Attachments: #1 Attachment Declaration of Eric Jacobsen) (Berne, Craig)
September 9, 2009 Filing 667 Objection(s) of Hermiston Assisted Living LLC and Its Majority Members to SEC Receiver's Proposed Distribution Plan. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion - Miscellaneous #541 .) (Attachments: #1 Attachment Certificate of Service) (Jackson, Dillon)
September 9, 2009 Filing 666 Objection(s) of Divine Investments, LLC to the Proposed Distribution Plan of Receiver and Chief Restructuring Officer of Sunwest Enterprise. Filed by Divine Investments, LLC. (Related document(s): Motion - Miscellaneous #537 .) (Adams, Ronald)
September 9, 2009 Filing 665 Objection(s) to Distribution Plan of Receiver and Chief Restructuring Officer For Sunwest Enterprise. Filed by Washington Trust Bank. (Related document(s): Motion - Miscellaneous #537 .) (Anderson, Richard) Modified text on 9/10/2009 (sln).
September 9, 2009 Filing 664 Proposed Form of Order Submitted Agreed Order Extending Deadline for Secured Lenders to Object to Plan of Distribution. Filed by Certain Coordinating Lenders. (Criswell, David)
September 9, 2009 Filing 663 Objection(s) Robert E. Price's Objection To Proposed Distribution Plan And Memorandum Of Points And Authorities In Support Thereof. Filed by Robert E Price. (Related document(s): Motion - Miscellaneous #537 .) (Carlton, Robert)
September 9, 2009 Filing 662 Proposed Form of Order Submitted Order Granting Robert E. Price's Motion To Intervene And Allow Participation In Evidentiary Or Other Hearing. Filed by Robert E Price. (Carlton, Robert)
September 9, 2009 Filing 661 Declaration of Dillon E. Jackson in Support of Prudential's Motion to Intervene. Filed by Prudential Mortgage SL, LLC. (Related document(s): Motion to intervene #656 , Memorandum in Support of Motion #659 .) (Jackson, Dillon)
September 9, 2009 Filing 660 Declaration of Robert L. Carlton in Support Of. Filed by Robert E Price. (Related document(s): Motion to intervene #657 .) (Carlton, Robert)
September 9, 2009 Filing 659 Memorandum in Support of Prudential Motion to Intervene. Filed by Prudential Mortgage SL, LLC. (Related document(s): Motion to intervene #656 .) (Jackson, Dillon)
September 9, 2009 Filing 658 Memorandum in Support. Filed by Robert E Price. (Related document(s): Motion to intervene #657 .) (Carlton, Robert)
September 9, 2009 Filing 657 Motion to Intervene And to Set Evidentiary Hearing And Allow Testimony. Oral Argument requested. Filed by Robert E Price. (Carlton, Robert)
September 9, 2009 Filing 656 Motion to Intervene. Oral Argument requested. Filed by Prudential Mortgage SL, LLC. (Attachments: #1 Proposed Order Allowing Intervention by Prudential) (Jackson, Dillon)
September 8, 2009 Filing 655 Proposed Form of Order Submitted Order Granting Grenley Intervenors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing. Filed by Grenley Intervenors. (Grenley, Gary)
September 8, 2009 Filing 654 Declaration of Paul H. Trinchero in Support of Proposed Grenley Intervenors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing. Filed by Grenley Intervenors. (Related document(s): Motion to intervene #652 .) (Grenley, Gary)
September 8, 2009 Filing 653 Memorandum in Support of Proposed Grenley Investors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing, Memorandum in Support. Filed by Grenley Intervenors. (Related document(s): Motion to intervene #652 .) (Grenley, Gary)
September 8, 2009 Filing 652 Motion to Intervene Proposed Grenley Intervenors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing. Oral Argument requested. Filed by Grenley Intervenors. (Grenley, Gary)
September 8, 2009 Filing 651 Response in Opposition of Oregon Housing and Community Services to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Oregon Housing and Community Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
September 8, 2009 Filing 650 Proposed Form of Order Submitted (Proposed Order Granting Ventas Realty, Limited Partnership's Motion to Intervene and Allow Participation in Evidentiary or Other Hearing). Filed by Ventas Realty, Limited Partnership. (Carson, Christopher)
September 8, 2009 Filing 649 Declaration of Christopher T. Carson in Support of Ventas Realty, Limited Partnership's Motion to Intervene. Filed by Ventas Realty, Limited Partnership. (Related document(s): Motion to intervene #648 .) (Carson, Christopher)
September 8, 2009 Filing 648 Motion to Intervene and Allow Participation in Hearing of Ventas Realty, Limited Partnership. Oral Argument requested. Filed by Ventas Realty, Limited Partnership. (Carson, Christopher)
September 8, 2009 Filing 647 Memorandum in Opposition to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 Oral Argument requested. Filed by Securities and Exchange Commission. (Fickes, Mark)
September 8, 2009 Filing 646 Proposed Form of Order Submitted Order Granting Bare Land Intervenors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing. Filed by Bare Land Intervenors. (Grenley, Gary)
September 8, 2009 Filing 645 Declaration of David E. Dean In Support of Proposed Bare Land Intervenors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing. Filed by Bare Land Intervenors. (Related document(s): Motion to intervene #643 .) (Grenley, Gary)
September 8, 2009 Filing 644 Memorandum in Support of Proposed Bare Land Intervenors' Motions to Intervene And to Allow Participation in Evidentiary or Other Hearing. Filed by Bare Land Intervenors. (Related document(s): Motion to intervene #643 .) (Grenley, Gary)
September 8, 2009 Filing 643 Motion to Intervene Proposed Bare Land Intervenors' Motions to Intervene And to Allow Participation in Evidentiary Or Other Hearing. ORAL ARGUMENT requested. Filed by Bare Land Intervenors. (Grenley, Gary)
September 8, 2009 Filing 642 Notice Limited Objection to Proposed Plan of Distribution.Filed by Non-Insider LLC Member Group. (Stewart, John)
September 8, 2009 Filing 641 Memorandum in Support of Motions to Intervene and Allow Participation in Hearing. Filed by Federal National Mortgage Association. (Related document(s): Motion to intervene #640 .) (Crooks, Sarah)
September 8, 2009 Filing 640 Motion to Intervene and Allow Participation in Hearing. Filed by Federal National Mortgage Association. (Crooks, Sarah)
September 8, 2009 Filing 639 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
September 8, 2009 Filing 638 Response in Opposition of Oregon Department of Consumer and Business Services to Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #541 . Filed by Oregon Department of Consumer and Business Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
September 4, 2009 Filing 637 Affidavit of Dillon E. Jackson in Support of Motion of Hermiston Assisted Living LLC for Expedited Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet & Associates, LLC and Receiver Michael A. Grassmueck. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion to Expedite #635 .) (Jackson, Dillon)
September 4, 2009 Filing 636 Memorandum in Support of Hermiston Assisted Living LLC's Motion for Expedited Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet & Associates, LLC and Receiver Michael A. Grassmueck. Filed by Hermiston Assisted Living LLC. (Related document(s): Motion to Expedite #635 .) (Jackson, Dillon)
September 4, 2009 Filing 635 Motion to Expedite or Accelerate Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet & Associates, LLC and Receiver Michael A. Grassmueck. Oral Argument requested. Filed by Hermiston Assisted Living LLC. (Jackson, Dillon)
September 4, 2009 Opinion or Order Filing 634 ORDER: Granting Receiver's Motion #632 to Continue hearing on Receiver's Application for approval of SWP Property Holdings, LP offering memorandum under section 3(A)(10) of the Securities Act of 1933 to the extent that the 9/8/09 hearing is vacated to be reset at a later date. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 4, 2009 Filing 633 Notice of Third Interim Application for Compensation and Expenses Reimbursement for Elsaesser Jarzabek Anderson Marks & Elliott Chtd for July 1, 2009, through July 31, 2009.Filed by Unsecured Creditors Committee. (Attachments: #1 Supplement Statement of Experience, #2 Exhibit fee itemization, #3 Exhibit costs itemization, #4 Exhibit UCC costs reimbursement, #5 Proposed Order Third Interim Application for Compensation, #6 Attachment Certificate of Service) (Elsaesser, Ford)
September 4, 2009 Filing 632 Motion to Continue Hearing Date on Receiver's Application for Approval of SWP Property Holdings, LP Offering Memorandum under Section 3(A)(10) of the Securities Act of 1933 (Docket #580 and 593) (certificate of service attached). Filed by Michael Grassmueck. (Zaro, David)
September 3, 2009 Filing 631 Report of Proposed Budget of the Patient Care Ombudsman Appointed in Chapter 11 Cases of Certain Debtors in Receivership. Filed by Patient Care Ombudsman, Suzanne Koenig. (Peterman, Nancy)
September 3, 2009 Filing 630 Certificate of Service by Regions Bank, Central National Bank & Trust Co. of Enid of Motion to Intervene and to Set Evidentiary Hearing and Allow Testimony #624 Filed by Regions Bank, Central National Bank & Trust Co. of Enid. (Caplan, Barry)
September 3, 2009 Filing 629 Notice Proposed Budget for Receiver's Counsel for Investor Third-Party Claims.Filed by Michael Grassmueck. (Esler, Michael)
September 3, 2009 Filing 628 Proposed Form of Order Submitted Granting Regions' and Central's Motion to Intervene and Allow Participation in Evidentiary or Other Hearing. Filed by Regions Bank, Central National Bank & Trust Co. of Enid. (Caplan, Barry)
September 3, 2009 Filing 627 Declaration of Barry Caplan in Support of Motions to Intervene and to set Evidentiary Hearing and Allow Testimony. Filed by Regions Bank, Central National Bank & Trust Co. of Enid. (Related document(s): Motion to intervene #624 .) (Caplan, Barry)
September 3, 2009 Filing 626 Notice NOTICE OF FILING OF BUDGETS OF CLYDE A. HAMSTREET & ASSOCIATES, LLC, ALVAREZ & MARSAL, LLC, MOSS ADAMS LLP, THE MANAGEMENT COMMITTEE, TONKON TORP LLP, HAGLUND KELLEY HORNGREN JONES WILDER, LLP, LANE POWELL PC, LUCE FORWAD HAMITON & SCRIPPS LLP, GREENE & MARKLEY, P.C., AND STEPTOE & JOHNSON LLP.Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Exhibit CRO Professionals' Fee Budgets) (Yates, Greg)
September 3, 2009 Filing 625 Memorandum in Support of Motions to Intervene and to Set Evidentiary Hearing and Allow Testimony. Filed by Regions Bank, Central National Bank & Trust Co. of Enid. (Related document(s): Motion to intervene #624 .) (Caplan, Barry)
September 3, 2009 Filing 624 Motion to Intervene and to Set Evidentiary Hearing and Allow Testimony. Oral Argument requested. Filed by Regions Bank, Central National Bank & Trust Co. of Enid. (Caplan, Barry)
September 3, 2009 Filing 623 Notice of Proposed Budget for Counsel of Official Tenants-In-Commmon Committee.Filed by Tenants in Common Committee. (MacLean, Merrilee)
September 3, 2009 Filing 622 Report Professional Fee Budget for J. Wallace Gutzler. Filed by J. Wallace Gutzler. (Johnson, Thomas)
September 3, 2009 Filing 621 Notice of Budget for Ogden Murphy Wallace PLLC.Filed by Jon M. Harder, Kristin Harder. (VanSpeybroeck, David)
September 3, 2009 Filing 620 Notice of Budget for Special Counsel for the Receivership Entities Haglund Kelley.Filed by Sunwest Management, Inc.. (Haglund, Michael)
September 3, 2009 Filing 619 Report Compensation Budgets for Receiver Michael Grassmueck and Professionals Retained by Receiver for Period September 1, 2009 througy December 31, 2009 (with Proof of Service). Filed by Michael Grassmueck. (Zaro, David)
September 3, 2009 Opinion or Order Filing 618 Order granting Notice of Filing of Billing Statements of Clyde A. Hamstreet & Associates, Llc, Alvarez & Marsal, Llc, Greene & Markley, P.c., and Steptoe & Johnson Llp for the Period June 1, 2009 Through June 30, 2009 #453 . This Court approves and authorizes the profe ssional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, Brent Hamstreet $100, Alex Chan $400, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 3, 2009 Filing 617 Motion STIPULATION AND ORDER GRANTING NEWSTAR CP FUNDING LLC RELIEF FROM INJUNCTION AS TO WICHITA FALLS APARTMENTS PROPERTY, LLC AND AUTHORIZING ASSIGNMENT OF INTERESTS TO TENANTS IN COMMON. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
September 3, 2009 Filing 616 Notice Proposed Budget for Professionals.Filed by Non-Insider LLC Member Group. (Stewart, John)
September 2, 2009 Filing 615 Notice of Budget for Professional Fees and Costs for Spring Pointe.Filed by Spring Pointe, LLC. (Field, Joseph)
September 2, 2009 Filing 614 Notice of Budget For Field Jerger as Local Counsel.Filed by Unsecured Creditors Committee. (Field, Joseph)
September 2, 2009 Filing 613 Report Debtor's Counsel's Budget. Filed by Jon M. Harder. (Hart, Christopher)
September 2, 2009 Filing 612 Affidavit of Steven M. Berne in Support of Motion for Expedited Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet & Associates, LLC and Receiver Michael A. Grassmueck. Filed by Eric Jacobsen. (Related document(s): Motion to Expedite #609 .) (Berne, Craig)
September 2, 2009 Filing 611 Memorandum in Support of Objector Eric Jacobsen's Motion for Expedited Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamtreet & Associates, LLC and Receiver Michael A. Grassmueck. Filed by Eric Jacobsen. (Related document(s): Motion to Expedite #609 .) (Berne, Craig)
September 2, 2009 Opinion or Order Filing 610 ORDER: Granting Motion to Substitute Attorney #521 Kenneth B Ross for Mountain View ALF Investors, LLC added as counsel of record in place of Howard Levine. Ordered by U.S. District Judge Michael R. Hogan. (sln)
September 2, 2009 Filing 609 Motion to Expedite or Accelerate Discovery on Relief Defendants Clyde Hamstreet and Clyde A. Hamstreet, LLC and Receiver Michael A. Grassmueck. Oral Argument requested. Filed by Eric Jacobsen. (Berne, Craig)
September 2, 2009 Filing 608 Proposed Form of Order Submitted (proposed) Order Granting Zions First National Bank's Motion to Intervene and Allow Participation in Evidentiary or Other Hearing. Filed by Zions First National Bank. (Baroway, Richard)
September 2, 2009 Filing 607 Memorandum in Support of Zions First National Bank's Motion to Intervene and Allow Participation in Evidentiary Hearing. Filed by Zions First National Bank. (Related document(s): Motion to intervene #606 .) (Baroway, Richard)
September 2, 2009 Filing 606 Motion to Intervene and Allow Participation in Evidentiary Hearing. Oral Argument requested. Filed by Zions First National Bank. (Baroway, Richard)
September 2, 2009 Filing 600 Notice re Order, 571 Budget for Counsel.Filed by Unsecured Creditors Committee. (Related document(s): Order, 571 .) (Elsaesser, Ford)
September 2, 2009 Filing 599 Notice of Correspondence to Judge Hogan regarding service of Notice of Motion and Motion for Approval of Distribution Plan of Receiver and Restructuring Officer for Sunwest Enterprise.Filed by Michael Grassmueck. (Osias, David)
September 2, 2009 Filing 597 Declaration of John B. Hall /Certificate of Service Regarding Notice of Motion and Motion for Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #541 .) (Osias, David)
September 1, 2009 Filing 596 Motion Second Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period June 1, 2009 Through July 31, 2009. Filed by Michael Grassmueck. (Larkins, William)
September 1, 2009 Filing 595 Certificate of Service by Michael Grassmueck Filed by Michael Grassmueck. (Larkins, William)
September 1, 2009 Filing 594 Certificate of Service by Non-Insider LLC Member Group of Motion for Appointment of Counsel #556 Filed by Non-Insider LLC Member Group. (Stewart, John)
September 1, 2009 Opinion or Order Filing 593 Scheduling Order - Motion #580 Receiver's Application For Approval Of SWP Property Holdings, LP Offering Memorandum Under Section 3(A)(10) Of The Securities Act Of 1933 - Oral Argument is set for 9/8/2009 at 11:15AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
August 31, 2009 Opinion or Order Filing 605 Stipulation and Order granting Modesto Commerce Bank relief from injunction as to Modesto Senior Living Limited Partnership and authorizing assignment of interests to Tenants in Common. Signed on 8/31/09 by U.S. District Judge Michael R. Hogan. (sln)
August 31, 2009 Filing 592 Second Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver.Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Larkins, William)
August 31, 2009 Filing 591 Second Motion for Attorney Fees Second Interim Application for Professional Compensation of Larkins Vacura LLP as Local Counsel to the Receiver for the Period June 1, 2009 through July 31, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Larkins, William)
August 31, 2009 Filing 590 Motion /Second Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period May 1, 2009 through July 31, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit B Part 3) (Osias, David)
August 31, 2009 Filing 589 Request for No Further Notices. Filed by Z - Service. (Werts, J.)
August 31, 2009 Opinion or Order Filing 588 Order regarding Transcript #587 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly.This document was file in the wrong case. Clerk directed to strike the document from the record. (sln)
August 31, 2009 Filing 586 Declaration of Paul R.J. Connolly in Support of Motion for Relief from Prelinimary Injunction and for Adequate Protection. Filed by 422 TIC Investor-Owners. (Related document(s): Motion - Miscellaneous #583 .) (Attachments: #1 Exhibit 5 - 11) (Jacoby, Kevin)
August 31, 2009 Filing 585 Declaration of Coburn Grabenhorst, Jr. in Support of Motion for Relief from Prelinimary Injunction and for Adequate Protection. Filed by 422 TIC Investor-Owners. (Related document(s): Motion - Miscellaneous #583 .) (Attachments: #1 Exhibit 4) (Jacoby, Kevin)
August 31, 2009 Filing 584 Declaration of Patricia J. Henvy in Support of Motion for Relief from Prelinimary Injunction and for Adequate Protection. Filed by 422 TIC Investor-Owners. (Related document(s): Motion - Miscellaneous #583 .) (Attachments: #1 Exhibit 1 - 3) (Jacoby, Kevin)
August 31, 2009 Filing 583 Motion for Relief from Preliminary Injunction and for Adequate Protection. Filed by 422 TIC Investor-Owners. (Jacoby, Kevin)
August 30, 2009 Filing 582 Motion STIPULATION AND ORDER GRANTING MODESTO COMMERCE BANK RELIEF FROM INJUNCTION AS TO MODESTO SENIOR LIVING LIMITED PARTNERSHIP AND AUTHORIZING ASSIGNMENT OF INTERESTS TO TENANTS IN COMMON. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 28, 2009 Opinion or Order Filing 604 ORDER: Granting Motion Additional Preliminary Injunction and Appointing Receiver for additional entities #493 ). Signed on 8/28/09 by U.S. District Judge Michael R. Hogan. (sln)
August 28, 2009 Opinion or Order Filing 603 ORDER: Granting Motion for Order authorizing the CRO to enter into a Worker's Compensation and Employers Liability Premium Payment Agreement #534 . Signed on 8/28/09 by U.S. District Judge Michael R. Hogan. (sln)
August 28, 2009 Opinion or Order Filing 602 ORDER: Granting Clyde A. Hamstreet CRO's Motion for Order (i) Authorizing the Sale of Certain Real Property (Maison Jardin) Free and Clear of All Liens, Claims, Interests and Encumbrances; (ii) Authorizing the Receiver to Pay Certain Liens and Claims from the Sale of the Real Property; (iii) Relieving the Receiver from the Provisions of 28 U.S.C. 2001-2002; and (iv) Approving the Real Estate Broker's Commissions #511 . Signed on 8/28/09 by U.S. District Judge Michael R. Hogan. (sln)
August 28, 2009 Opinion or Order Filing 601 ORDER: Granting CRO's Motion to employ Haglund Kelley as professional as of March 2, 2009 to assist the Chief Restructuring Officer of the receivership entities #475 . Signed on 8/28/09 by U.S. District Judge Michael R. Hogan. (sln)
August 28, 2009 Filing 587 FILED IN WRONG CASE - document stricken per Order #588 Transcript of Proceedings (sln) Modified on 8/31/2009 (sln).
August 28, 2009 Filing 581 Declaration of William M. Bryan In Support of Receiver's Application For Approval Of SWP Property Holdings, LP Offering Memorandum Under Section 3(A)(10) Of The Securities Act Of 1933. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous, #580 .) (Attachments: #1 Exhibit A, #2 Certificate of Service) (Hennesay, A.)
August 28, 2009 Filing 580 Motion Receiver's Application For Approval Of SWP Property Holdings, LP Offering Memorandum Under Section 3(A)(10) Of The Securities Act Of 1933; Memorandum Of Points & Authorities (with Certificate of Service). Oral Argument requested. Filed by Michael Grassmueck. (Hennesay, A.)
August 28, 2009 Opinion or Order Filing 579 Order regarding Stipulation and Order #566 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. The signed date on the order should read 8/21/09 not 8/29/09. (sln)
August 28, 2009 Filing 578 Notice re Order, 571 .Filed by Darryl E. Fisher. (Related document(s): Order, 571 .) (Vanden Bos, Robert)
August 28, 2009 Opinion or Order Filing 577 Order - The Court entered scheduling orders and set objection and hearing dates in the above-related matters; and the Court suspended any claims bar or deadline by its order of April 28, 2009; IT IS FURTHER ORDERED that the deadline for filing proofs of claim by any party in either of the above-entitled matters, as well as the related bankruptcy cases, shall be January 15, 2010, pending the approval of an appropriate claims form in these related matters after further proceedings. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 27, 2009 Opinion or Order Filing 598 ORDER: Granting Certain Coordinating Lenders' Motion to Intervene #572 to the extent that Royal Bank of Scotland, NebraskaLand National Bank, First National Bank, PlainsCapital Bank, ING USA Annuity and Life Insurance Company, ING Life Insurance & Annuity Company, ReliaStar Life Inurance Compnay, Columbia Pacific SW/CS, LLC, and MainSource Bank are allowed to intervene. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 27, 2009 Opinion or Order Filing 576 Scheduling Order - Receiver Grassmueck's Motion #537 Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise, Receiver Grassmueck's Motion #549 for Order Approving Claims Procedures, Establishing Claims Bar Date, and Approving Other Related Relief and Receiver Grassmueck's Motion #541 For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise - Oral Argument is set for 9/23/2009 and 9/24/09 at 09:30AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
August 27, 2009 Filing 575 Proposed Form of Order Submitted Granting Intervening Secured Creditors' Motions (1) to Intervene and (2) to Set Evidentiary Hearing and to Allow Testimony. Filed by Certain Coordinating Lenders. (Criswell, David)
August 27, 2009 Filing 574 Declaration of David W. Criswell in Support of Motions (1) to Intervene and (2) to Set Evidentiary Hearing and to Allow Testimony. Filed by Certain Coordinating Lenders. (Related document(s): Motion to intervene #572 .) (Criswell, David)
August 27, 2009 Filing 573 Memorandum in Support of Motions (1) to Intervene and (2) and to Set Evidentiary Hearing and to Allow Testimony. Filed by Certain Coordinating Lenders. (Related document(s): Motion to intervene #572 .) (Criswell, David)
August 27, 2009 Filing 572 Motion to Intervene and Motion to Set Evidentiary Hearing and to Allow Testimony. Oral Argument requested. Filed by Certain Coordinating Lenders. (Criswell, David)
August 27, 2009 Opinion or Order Filing 571 Order - All entities filing applications for professional compensation pursuant to the Order Granting Preliminary Injunction and Appointing a Receiver in this case and/or Order Suspending Proceedings in case number 09-6074, shall file with the court, within seven days, a budget for fees for the rest of the year. Any party may seek a hearing on the proposed budgets, if necessary, and a hearing will be set following such request. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 27, 2009 Filing 557 Motion for Leave to Appear Pro Hac Vice Nancy L. Isserlis. Filed by Non-Insider LLC Member Group. (Sokol, Jan) Modified on 2/3/2010 to terminate (lae).
August 27, 2009 Filing 556 Motion for Appointment of Counsel. Filed by Non-Insider LLC Member Group. (Sokol, Jan)
August 26, 2009 Filing 555 Certificate of Service by Gregory A Falk, Esther I Falk of Motion for Relief from Stay and from Injunction #552 and of supporting Memorandum and Declaration of R. Scott Palmer Filed by Gregory A Falk, Esther I Falk. (Palmer, R.)
August 26, 2009 Filing 554 Declaration of R. Scott Palmer in Support of Motion for Relief from Stay and Injunction. Filed by Gregory A Falk, Esther I Falk. (Related document(s): Motion - Miscellaneous #552 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibits 2-5, #3 Exhibit Exhibits 6-9, #4 Exhibit Exhibits 10-12, #5 Exhibit Exhibits 13-16, #6 Exhibit Exhibit RSP-A, #7 Exhibit Exhibit RSP-B, #8 Exhibit Exhibit RSP-C) (Palmer, R.)
August 26, 2009 Filing 553 Memorandum in Support of Motion for Relief from Stay and from Injunction. Filed by Gregory A Falk, Esther I Falk. (Related document(s): Motion - Miscellaneous #552 .) (Palmer, R.)
August 26, 2009 Filing 552 Motion for Relief from Stay and from Injunction. Filed by Gregory A Falk, Esther I Falk. (Palmer, R.)
August 26, 2009 Filing 551 Record of Order - Vacating 9/1/09 Oral Argument date. Counsel informs the court that the Specially Appearing Non-Party Police and Fire Retirement System of the City of Detroit's Motion #340 for Relief from Preliminary Injuction has been resolved. Ordered by U.S. District Judge Michael R. Hogan. (lf)
August 26, 2009 Filing 550 Exhibits /Appendix of Exhibits for Distribution Plan (Vol. 2) re Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Michael Grassmueck. (Attachments: #1 Exhibit 4 to Reorganization Plan, #2 Exhibit 5 to Reorganization Plan, #3 Exhibit 6-9 to Reorganization Plan) (Osias, David)
August 25, 2009 Filing 570 Stipulation Motion to lift preliminary injunction #569 by Jerry V. Druery. Filed by Jerry V. Druery. (sln)
August 25, 2009 Filing 569 Motion to lift preliminary injunction. Filed by Jerry V. Druery. (sln)
August 25, 2009 Opinion or Order Filing 568 ORDER: Granting Motion for order approving notice procedures regarding the proposed distribution plan and related pleadings and motions #535 . Signed on 8/21/09 by U.S. District Judge Michael R. Hogan. (sln) Modified on 8/28/2009 - changed text to reflect correct signed date (sln).
August 25, 2009 Filing 549 Motion for Order Approving Claims Procedures, Establishing Claims Bar Date, and Approving Other Related Relief; Memorandum of Points and Authorities in Support Thereof. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Osias, David)
August 25, 2009 Filing 548 Declaration of Catherine Schiaffo Regarding Service. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Osias, David)
August 25, 2009 Filing 547 Memorandum in Support of Proposed Distribution Plan. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Osias, David)
August 25, 2009 Filing 546 Declaration of Gregory A. Gadawski in Support of Motion for Approval of Distribution Plan of Receiver and Chief Restructuring Officer for the Sunwest Enterprise. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Osias, David)
August 25, 2009 Filing 545 Declaration of Paul B. Rundell in Support of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Osias, David)
August 25, 2009 Filing 544 Declaration of V. Matthew Marcos in Support of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #541 , Motion - Miscellaneous #537 .) (Osias, David) Modified text on 8/26/2009 (sln).
August 25, 2009 Filing 543 Declaration of Clyde A. Hamstreet in Support of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #537 .) (Osias, David) Modified text on 8/26/2009 (sln).
August 25, 2009 Filing 542 Declaration of Michael Grassmueck in Support of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #537 .) (Osias, David) Modified text on 8/26/2009 (sln).
August 25, 2009 Filing 541 Motion and Notice of Motion For Approval of Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Oral Argument requested. Filed by Michael Grassmueck. (Osias, David)
August 25, 2009 Filing 540 Exhibits /Appendix of Exhibits for Distribution Plan (Vol. 4) re Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Michael Grassmueck. (Attachments: #1 Exhibit 8 to Distribution Plan, #2 Exhibit 9 to Distribution Plan, #3 Exhibit 12 to Distribution Plan) (Osias, David)
August 25, 2009 Filing 539 Exhibits /Appendix of Exhibits for Distribution Plan (Vol. 3) re Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Michael Grassmueck. (Attachments: #1 Exhibit 2 to Distribution Plan, #2 Exhibit 3 to Distribution Plan, #3 Exhibit 4 to Distribution Plan, #4 Exhibit 5 to Distribution Plan, #5 Exhibit 6 to Distribution Plan, #6 Exhibit 7 to Distribution Plan) (Osias, David)
August 25, 2009 Filing 538 Exhibits /Appendix of Exhibits for Distribution Plan (Vol. 1) re Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise #537 . Filed by Michael Grassmueck. (Osias, David)
August 25, 2009 Filing 537 Motion /Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise. Oral Argument requested. Filed by Michael Grassmueck. (Osias, David)
August 25, 2009 Filing 536 Declaration of Todd W. Bennett of U.S. Bank National Association in Support of Objections to Additional Preliminary Injunction. Filed by U.S. Bank National Association. (Related document(s): Response to Motion #529 , Motion for Preliminary Injunction #493 .) (Pearson, Teresa)
August 25, 2009 Filing 535 Motion for Order Approving Notice Procedures Regarding the Proposed Distribution Plan and Related Pleadings and Motions. Filed by Michael Grassmueck. (Osias, David)
August 24, 2009 Filing 567 Formal Claim. Filed by Estate of Cyril Furman. (sln)
August 24, 2009 Opinion or Order Filing 566 Stipulation and Order granting The National Bank relief from injunction as to Britt Senior Living, LLC Signed on 8/21/09 by U.S. District Judge Michael R. Hogan. (sln) (Additional attachment(s) added on 8/28/2009: #1 Order with correct signed date) (sln).
August 24, 2009 Opinion or Order Filing 565 Stipulation and Order granting Park National Bank relief from injunction as to Rivers Edge NC Property, LLC Signed on 8/21/09 by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2009 Opinion or Order Filing 564 Stipulation and Order dissolving injunction as to Orange Senior Living, LLC and its property and approving sale of real and personal property Signed on 8/21/09 by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2009 Opinion or Order Filing 563 Stipulation and Order granting National Servicing and Administration, LLC relief from injunction as to Emerald Square Assisted Living, LLC. Signed on 8/21/09 by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2009 Opinion or Order Filing 562 Stipulation and Order granting American Marine Bank relief from injunction as to Riverside at Belfair Assisted Living, LLC Signed on 8/21/09 by U.S. District Judge Michael R. Hogan. (sln)
August 24, 2009 Filing 534 Motion MOTION AND PROPOSED ORDER AUTHORIZING THE CRO TO ENTER INTO A WORKERS COMPENSATON AND EMPLOYORS LIABILITY PREMIUM PAYMENT AGREEMENT. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 24, 2009 Filing 533 Notice of Filing of Fifth Billing Statement of Tonkon Torp LLP for the Period through July 31, 2009.Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
August 21, 2009 Filing 532 Declaration of Billy Moore from PlainsCapital bank in support of objections to additional preliminary injunction #529 . Filed by Certain Coordinating Lenders. (Related document(s): Motion for Preliminary Injunction #493 .) (sln)
August 21, 2009 Filing 531 Declaration of Brad T. Summers in support of objections to additional preliminary injunction #529 . Filed by Certain Coordinating Lenders. (Related document(s): Motion for Preliminary Injunction #493 ) (sln)
August 21, 2009 Filing 530 Declaration of Gregory R. Michaud of ING USA Annuity and Life Insurance Company, ING Life Insurance and Annuity Company, and Reliastar Life Insurance Company in support of objections to additional preliminary injunction #529 . Filed by Certain Coordinating Lenders. (Related document(s): Motion for Preliminary Injunction #493 ) (sln)
August 21, 2009 Filing 529 Objections to Motion for Preliminary Injunction Order and Order Appointing Receiver #493 Expedited Hearing requested. Oral Argument requested. Filed by Certain Coordinating Lenders. (sln)
August 21, 2009 Filing 528 Notice NOTICE OF FILING OF BILLING STATEMENTS OF CLYDE A. HAMSTREET & ASSOCIATES, LLC, ALVAREZ & MARSAL, LLC, GREENE & MARKLEY, P.C., AND STEPTOE & JOHNSON LLP FOR THE PERIOD JULY 1, 2009 THROUGH JULY 31, 2009.Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Attachment Hamstreet & Associates July Fee Invoice, #2 Attachment Alvarez & Marsal July Fee Invoice, #3 Attachment Greene & Markley July Fee Invoice, #4 Steptoe & Johnson July Fee Invoice) (Yates, Greg)
August 21, 2009 Filing 527 Motion STIPULATION AND ORDER GRANTING PARK NATIONAL BANK RELIEF FROM INJUNCTION AS TO RIVERS EDGE NC PROPERTY, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 21, 2009 Filing 526 Motion STIPULATED ORDER DISSOLVING INJUNCTION AS TO ORANGE SENIOR LIVING, LLC AND ITS PROPERTY AND APPROVING SALE OF REAL AND PERSONAL PROPERTY. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 21, 2009 Filing 525 Motion STIPULATION AND ORDER GRANTING NATIONAL SERVICING AND ADMINISTRATION, LLC RELIEF FROM INJUNCTION AS TO EMERALD SQUARE ASSISTED LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 21, 2009 Filing 524 Motion STIPULATION AND ORDER GRANTING AMERICAN MARINE BANK RELIEF FROM INJUNCTION AS TO RIVERSIDE AT BELFAIR ASSISTED LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 21, 2009 Filing 523 Motion STIPULATION AND ORDER GRANTING THE NATIONAL BANK RELIEF FROM INJUNCTION AS TO BRITT SENIOR LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 20, 2009 Filing 522 Notice re Motion for Order #476 .Filed by Capital Pacific Bank. (Related document(s): Motion for Order #476 .) (Summers, Brent)
August 20, 2009 Filing 521 Stipulated Motion to Substitute Attorney (LR 83). Filed by Mountain View ALF Investors, LLC. (Levine, Howard)
August 20, 2009 Filing 520 Declaration of Richard High in Support of Riverview Community Bank's Motion to Compel Account Payments or in the Alternative for Relief from the Preliminary Injunction or in the Alternative to Compel Mediation. Filed by Riverview Community Bank. (Related document(s): Motion to compel #518 .) (Attachments: #1 Exhibit A-C) (Potter, John)
August 20, 2009 Filing 519 Declaration of John R. "Rick" Potter in Support of Riverview Community Bank's Motion to Compel Account Payments or in the Alternative for Relief from the Preliminary Injunction or in the Alternative to Compel Mediation. Filed by Riverview Community Bank. (Related document(s): Motion to compel #518 .) (Attachments: #1 Exhibit A-C, #2 Exhibit D-F, #3 Exhibit G-J) (Potter, John)
August 20, 2009 Filing 518 Motion to Compel Account Payments or in the Alternative for Relief from the Preliminary Injunction or in the Alternative to Compel Mediation. Oral Argument requested. Filed by Riverview Community Bank. (Potter, John)
August 19, 2009 Filing 517 Proposed Form of Order Submitted. Filed by Capital Pacific Bank. (Summers, Brent)
August 19, 2009 Filing 516 Notice re Motion - Miscellaneous #390 Correspondence to Judge Hogan.Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
August 17, 2009 Filing 561 Motion requesting relief from stay. Filed by Marilyn Williams. (sln)
August 17, 2009 Filing 515 Memorandum in Support of Motion to Intervene. Filed by Divine Investments, LLC. (Related document(s): Motion to intervene #514 .) (Adams, Ronald)
August 17, 2009 Filing 514 Motion to Intervene. Filed by Divine Investments, LLC. (Adams, Ronald)
August 17, 2009 Filing 513 Fourth Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Blackhurst, Steven)
August 14, 2009 Filing 560 Affidavit of Marvin Calhoun in support of response #559 . Filed by Marvin Calhoun. (Related document(s): Motion for Order #476 .) (sln)
August 14, 2009 Filing 559 Response to Motion for Order directing Marvin Calhoun and Calhouns Hawthorne Gardens, LLC to execute the Portland Senior Living, LLC Settlement Agreement and Forbearance Agreement in Accordance with Transcript of Settlement read by the Mediator, Hon. Lyle C. Velure, on June 30, 2009 #476 . Filed by Marvin Calhoun. (sln)
August 14, 2009 Opinion or Order Filing 558 ORDER: Granting Motion to Withdraw as an Attorney #470 . Attorney Paul Connolly and Kevin Jacob are allowed to withdraw as attorney of record for Calhoun's Hawthorne Gardens, LLC. Marvin Calhoun for Calhoun's Hawthorne gardens, LLC will be allowed to appear pro se. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 14, 2009 Filing 512 Amended Stipulation and Order granting the Union Bank Company relief from injunction as to North Lima Senior Living, LLC Signed on 8/113/09 by U.S. District Judge Michael R. Hogan. (sln)
August 13, 2009 Filing 511 Motion MOTION FOR ORDER (i) AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY (MAISON JARDIN) FREE AND CLEAR OF ALL LIENS, CLAIMS, INTERESTS AND ENCUMBRANCES; (ii) AUTHORIZING THE RECEIVER TO PAY CERTAIN LIENS AND CLAIMS FROM THE SALE OF THE REAL PROPERTY; (iii) RELIEVING THE RECEIVER FROM THE PROVISIONS OF 28 U.S.C. 2001-2002; AND (iv) APPROVING THE REAL ESTATE BROKERS COMMISSIONS; AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Attachment Declaration of Clyde A. Hamstreet in Support of Motion, #2 Attachment Notice, #3 Attachment Proposed Order) (Yates, Greg)
August 13, 2009 Filing 510 Notice of Third and Fourth Billing Statements of Perkins Coie LLP.Filed by J. Wallace Gutzler. (Johnson, Thomas)
August 13, 2009 Filing 509 Notice re Motion - Miscellaneous #358 Notice of Lodging of Reminder Letter to Court Pursuant to LR 83.13 Regarding Motion to Compel Debt Service Payments or, in the Alternative, for Relief from the Preliminary Injunction.Filed by RBS Citizens, N.A.. (Related document(s): Motion - Miscellaneous #358 .) (Criswell, David)
August 13, 2009 Opinion or Order Filing 508 Stipulation and Order granting Kuebler Land Investors relief from injunction as to Clark 40, LLC and authorizing assignment of interests to Tenants In Common Signed on 8/13/09 by U.S. District Judge Michael R. Hogan. (sln)
August 13, 2009 Filing 507 Motion AMENDED STIPULATION AND ORDER GRANTING THE UNION BANK COMPANY RELIEF FROM INJUNCTION AS TO NORTH LIMA SENIOR LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 13, 2009 Filing 506 Declaration of Leslie R. Pesterfield In Support of Application by Relief Defendant for Authority to Employ Counsel. Filed by Kristin Harder. (Related document(s): Motion to Appoint Counsel #505 .) (VanSpeybroeck, David)
August 13, 2009 Filing 505 Motion for Appointment of Counsel Ogden Murphy Wallace, PLLC. Filed by Kristin Harder. (VanSpeybroeck, David)
August 13, 2009 Opinion or Order Filing 504 Scheduling Order - Granting Stipulated Motion #503 to Continue 8/18/09 Hearing on Non-Party Police & Fire Retirement System of the City of Detroit's Motion #340 for Relief from Preliminary Injunction - Oral Argument is reset for 9/1/2009 at 11:15AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
August 12, 2009 Filing 503 Stipulated Motion to Continue Hearing on Motion for Relief from Preliminary Injunction. Filed by Police and Fire Retirement System of the City of Detroit. (Drew, William)
August 12, 2009 Filing 502 Declaration of Kevin J. Jacoby in Support of Objection to Stipulation and Order Granting The Union Bank Company Relief from Injunction as to North Lima Senior Living, LLC. Filed by 422 TIC Investor-Owners. (Related document(s): Objection, #501 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Jacoby, Kevin)
August 12, 2009 Filing 501 Objection(s) to Stipulation and Order Granting The Union Bank Company Relief from Injunction as to North Lima Senior Living, LLC ORAL ARGUMENT BY TELECONFERENCE REQUESTED. Filed by 422 TIC Investor-Owners. (Related document(s): Motion - Miscellaneous #499 .) (Jacoby, Kevin)
August 12, 2009 Filing 500 Notice and Fourth Interim Application for Payment of Attorney Fees Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
August 12, 2009 Filing 499 Motion STIPULATION AND ORDER GRANTING THE UNION BANK COMPANY RELIEF FROM INJUNCTION AS TO NORTH LIMA SENIOR LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 11, 2009 Filing 498 Motion STIPULATION AND ORDER GRANTING KUEBLER LAND INVESTORS RELIEF FROM INJUNCTION AS TO CLARK 40, LLC AND AUTHORIZING ASSIGMENT OF INTERESTS TO TENANTS IN COMMON. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 11, 2009 Filing 496 Stipulation re Motion for Preliminary Injunction #493 by Securities and Exchange Commission. Filed by Securities and Exchange Commission. (Fickes, Mark)
August 11, 2009 Filing 495 Proposed Form of Order Submitted. Filed by Securities and Exchange Commission. (Attachments: #1 Exhibit A3) (Fickes, Mark)
August 11, 2009 Filing 494 Memorandum in Support of Plaintiff's Motion for Additional Preliminary Injunction. Filed by Securities and Exchange Commission. (Related document(s): Motion for Preliminary Injunction #493 .) (Fickes, Mark)
August 11, 2009 Filing 493 Motion for Preliminary Injunction. Filed by Securities and Exchange Commission. (Fickes, Mark)
August 10, 2009 Opinion or Order Filing 497 Order Granting Application for Special Admission Pro Hac Vice of Tobias A. Cole for Regina Ray Lucas. Application Fee of $100 needs to be paid. Signed on 8/10/09 by U.S. District Judge Michael R. Hogan. (sln)
August 10, 2009 Filing 492 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
August 6, 2009 Filing 490 MINUTES of Proceedings: Settlement Conference held before Judge Michael R Hogan and Judge Lyle Velure. Agreement of certain parties as to certain issues as stated on the record.Present: Stephen English, George Kalikman for defendant Harder, Steve Blackhurst for Fisher defendants, Thomas Johnson, Brent Bullock for defendant Wally Gutzler, Clyde Hamstreet CRO Sunwest, Albert Kennedy for Clyde Hamstreet CRO, David Zaro for Receiver and CRO, Laura Walker for Intervenors First State Bank of Kansas City, First Niagara Bank, The Palmetto Bank, Lewis & Clark Bank, Receiver Michael Gassmueck also present. Court Reporter: Kristi Anderson. U.S. District Judge Michael R. Hogan presiding. (lf)
August 6, 2009 Opinion or Order Filing 488 Stipulation and Order granting Hillcrest Bank relief from injunction as to Oklahoma City Senior Living, LLC Signed on 8/6/09 by U.S. District Judge Michael R. Hogan. (sln)
August 6, 2009 Opinion or Order Filing 487 Stipulation and Order granting the National Bank relief from injunction as to PRH Properties, LLC Signed on 8/6/09 by U.S. District Judge Michael R. Hogan. (sln)
August 6, 2009 Filing 486 Motion STIPULATION AND ORDER GRANTING HILLCREST BANK RELIEF FROM INJUNCTION AS TO OKLAHOMA CITY SENIOR LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 6, 2009 Filing 485 Motion STIPULATION AND ORDER GRANTING THE NATIONAL BANK RELIEF FROM INJUNCTION AS TO PRH PROPERTIES, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
August 5, 2009 Filing 491 Motion to obtain relief from stay and continue litigation. Filed by Regina Ray Lucas. (sln)
August 5, 2009 Filing 489 MINUTES of Proceedings: - Settlement Conference held in Eugene before Judge Michael R Hogan and Judge Lyle Velure. Settlement Conference is set for 8/6/2009 at 09:00AM in Eugene before U.S. District Judge Michael R. Hogan. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
August 5, 2009 Filing 484 Objections to Notice of Filing of Fourth Billing Statements of Tonkon Torp LLP. Filed by New South Federal Savings Bank, Centerline Servicing, Inc.. (Lauritsen, Benjamin)
August 4, 2009 Filing 483 MINUTES of Proceedings: Settlement Conference held in Eugene before Judge Michael R Hogan and Judge Lyle Velure. George Kalikman, Steve English, David VanSpeybroeck for defendant Harder, Robert Vanden Bos for defendant Fisher, Thomas Johnson for defendant Gutzler. Attorney Brent Bollock present. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
August 4, 2009 Opinion or Order Filing 480 ORDER: Granting First Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period March 2, 2009 through May 31, 2009. #383 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110,Neysa Gudger $50, Sophia Thomas $50, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
August 4, 2009 Filing 479 Declaration of Michael C. Petersen In Support of Motion to Intervene by Neilsen Manufacturing Incorporated. Filed by Neilsen Manufacturing Incorporated. (Related document(s): Motion to intervene #477 .) (Petersen, Michael)
August 4, 2009 Filing 478 Memorandum in Support of Motion to Intervene. Filed by Neilsen Manufacturing Incorporated. (Related document(s): Motion to intervene #477 .) (Petersen, Michael)
August 4, 2009 Filing 477 Motion to Intervene. Filed by Neilsen Manufacturing Incorporated. (Petersen, Michael)
August 3, 2009 Filing 476 Motion for Order. Oral Argument requested. Filed by Capital Pacific Bank. (Attachments: #1 Attachment June 30, 2009 Transcript of Proceedings) (Summers, Brent)
July 31, 2009 Filing 482 MINUTES of Proceedings: Settlement Conference held in Portland before Judge Michael R Hogan. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
July 30, 2009 Filing 481 MINUTES of Proceedings: Settlement Conference held in Portland before Judge Michael R Hogan. Settlement Conference is set for 7/31/2009 at 09:00AM in Portland before U.S. District Judge Michael R. Hogan. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
July 29, 2009 Filing 475 Motion CLYDE A. HAMSTREET, IN HIS CAPACITY AS CHIEF RESTRUCTURING OFFICER OF THE RECEIVERSHIP ENTITIES, APPLICATION TO EMPLOY HAGLUND KELLEY AS PROFESSIONALS AS OF MARCH 2, 2009 TO ASSIST THE CHIEF RESTRUCTURING OFFICER OF THE RECEIVERSHIP ENTITIES. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 29, 2009 Filing 473 Third Motion for Attorney Fees Pursuant to CRO Agreement and Court Order by Relief Defendant Darryl E. Fisher. Filed by Darryl E. Fisher. (Blackhurst, Steven)
July 29, 2009 Opinion or Order Filing 471 Stipulation and Order granting Central National Bank & Trust Co. of Enid Relief from injunction as to Hoover Senior Living Property, LLC. Signed on 7/29/09 by U.S. District Judge Michael R. Hogan. (sln)
July 28, 2009 Filing 474 REVISED STIPULATION AND ORDER Granting Clyde Hamstreet's Motion #468 - North Cascades National Bank Relief from Injunction as to Omak Alzheimer's Care, LLC. Ordered by U.S. District Judge Michael R. Hogan. (lf)
July 28, 2009 Filing 470 Motion to Withdraw or Substitute an Attorney. Filed by Hawthorne Gardens TIC, 422 TIC Investor-Owners. (Jacoby, Kevin)
July 28, 2009 Filing 469 Motion STIPULATION AND ORDER GRANTING CENTRAL NATIONAL BANK & TRUST CO. OF ENID RELIEF FROM INJUNCTION AS TO HOOVER SENIOR LIVING PROPERTY, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 27, 2009 Filing 472 Motion for Order granting relief from stay and memorandum in support Filed by Sherri Corum. (sln)
July 27, 2009 Filing 468 Motion REVISED STIPULATION AND ORDER GRANTING NORTH CASCADES NATIONAL BANK RELIEF FROM INJUNCTION AS TO OMAK ALZHEIMERS CARE, L.L.C.. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 27, 2009 Filing 467 Record of Order - Clyde A Hamstreet CRO's Stipulated Motion #459 is denied as Moot. Cylde A Hamstreet CRO's Revised Stipulated Motion #466 and Order Granting MG Overlook LLC from Injunction as to Charlotte Overlook Apartments, LCC is Granted. Ordered by U.S. District Judge Michael R. Hogan. (lf)
July 27, 2009 Filing 466 Motion REVISED STIPULATION AND ORDER GRANTING MG OVERLOOK LLC FROM INJUNCTION AS TO CHARLOTTE OVERLOOK APARTMENTS, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 23, 2009 Filing 465 Objection(s) TO STIPULATION AND ORDER GRANTING NRF/NRF WA II RELIEF FROM INJUNCTION AS TO CHARLOTTE OVERLOOK APARTMENTS, LLC. Filed by 422 TIC Investor-Owners. (Related document(s): Motion - Miscellaneous #459 .) (Connolly, Paul)
July 23, 2009 Filing 461 Memorandum in Support Canterbury Interveners' Memorandum in Support of Request for Recognition of Tenant-in-Common Property Rights. Filed by Brown's Canterbury Court, LLC. (Related document(s): Request #460 .) (Grenley, Gary)
July 23, 2009 Filing 460 Request Canterbury Interveners' Request for Recognition of Tenant-in-Common Property Rights. Filed by Brown's Canterbury Court, LLC. (Grenley, Gary)
July 22, 2009 Filing 459 Motion STIPULATION AND ORDER GRANTING NRF/NRF WA II RELIEF FROM INJUNCTION AS TO CHARLOTTE OVERLOOK APARTMENTS, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 22, 2009 Filing 458 Notice of Interested Party to Receive Electronic Notices.Filed by Michael Grassmueck. (Larkins, William)
July 21, 2009 Opinion or Order Filing 457 ORDER: Granting Motion for order (i) authorizing the sale of certain real property (Corinthians) free and clear of all liens, claims, interests and encumbrances; (ii) authorizing the receiver to pay certain liens and claims from the sale of the real properties; (iii) relieving the receiver from the provisions of 28 U.S.C. 2001-2002; and (iv) approving the real estate broker's commissions #428 . Signed on 7/21/09 by U.S. District Judge Michael R. Hogan. (sln)
July 21, 2009 Filing 453 Notice NOTICE OF FILING OF BILLING STATEMENTS OF CLYDE A. HAMSTREET & ASSOCIATES, LLC, ALVAREZ & MARSAL, LLC, GREENE & MARKLEY, P.C., AND STEPTOE & JOHNSON LLP FOR THE PERIOD JUNE 1, 2009 THROUGH JUNE 30, 2009.Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Attachment Hamstreet & Associates Fee Invoice, #2 Attachment Alvarez & Marsal Fee Invoice, #3 Attachment Greene & Markley Fee Invoice, #4 Attachment Steptoe & Johnson Fee Invoice) (Yates, Greg)
July 21, 2009 Opinion or Order Filing 452 Order - The Court Order 445 Granting Application for Professional Compensation of Receiver's Former Local/Conflicts Counsel 356 is amended to read: This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David Wade $250, P. Scott McCleery $250, Heather M. Walloch $200, Mindy Wittkop $185, Emily S. Hill $145, Anne Sheldon $55, Jennifer Bellman $55, Kassie Avilla $55, Crystal Karlsen $55, Tracy Thomas $55, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 21, 2009 Opinion or Order Filing 451 Order - The Court Order 444 Granting First Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, 384 is amended to read: This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, and orders Michael A. Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 21, 2009 Opinion or Order Filing 450 Order - The Court Order 443 Granting First interim application for professional compensation of Larkins Vacura LLP. 386 is amended to read: This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: William L. Larkins, Jr $340, Julie R. Vacura $340, Christopher J. Kayser $300, Cody Hoesly $180, Kaitlan Monroe $125, Lynne Niknaband $70, Nancy Pawaga $100, and orders Michael Grassmueck, Receiver, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 21, 2009 Filing 449 Notice and Third Interim Application for Payment.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
July 20, 2009 Filing 456 Transcript of Proceedings held on 6/15/09 before Judge Michael R. Hogan. Court Reporter: Amanda LeGore.. (sln) (Main Document 456 replaced on 12/22/2011) (sln).
July 17, 2009 Filing 455 Motion for Leave to proceed against insurance coverage of receivership entities. Filed by Marie Russo. (sln)
July 17, 2009 Filing 454 Notice of motion for leave to proceed against insurance coverage of receivership entities and notice of lodging order. Filed by Marie Russo. (sln)
July 17, 2009 Opinion or Order Filing 448 ORDER: Granting Clyde A. Hamstreet, CRO's Motion to employ Luce Forward as professional as of 3/2/09 to assist the Chief Restructuring Officer of the receivership entities #414 . Signed on 7/17/09 by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 447 Stipulation and Order granting North Cascades National bank relief from injunction as to Omak Alzheimer's Care, L.L.C. Signed on 7/17/09 by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 446 Stipulation and Order granting Los Padres Bank, FSB relief from injunction as to Lompoc Senior Living Property Limited Partnership. Signed on 7/17/09 by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 445 ORDER: Granting Application for Professional Compensation of Receiver's Former Local/Conflicts Counsel #356 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David Wade $250, P. Scott McCleery $250, Heather M. Walloch $200, Mindy Wittkop $185, Emily S. Hill $145, Anne Sheldon $55, Jennifer Bellman $55, Kassie Avilla $55, Crystal Karlsen $55, Tracy Thomas $55, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 444 ORDER: Granting First Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, #384 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: David R. Zaro $450, David L. Osias $450, A. Kenneth Hennesay $450, Stephen S. Walters $450, Francis S. Scollan $450, Jeffrey N.Strug $450, M.R. Barnes $100, Robert M. Hamilton $450, Cynthia M. Jara $420, Jared A. Delgin $150, R.L. Reid $100, T.K. Chiu $150, Marlene Moffitt $395, Craig D. Swanson $450, Ted Fates $350, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 443 ORDER: Granting First interim application for professional compensation of Larkins Vacura LLP. #386 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: William L. Larkins, Jr $340, Julie R. Vacura $340, Christopher J. Kayser $300, Cody Hoesly $180, Kaitlan Monroe $125, Lynne Niknaband $70, Nancy Pawaga $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 442 Order granting Notice and Second Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler #373 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 441 Order granting Notice and Application for payment of attorneys' fees (Ater Wynne LLP)file by Relief Defendant Darryl E. Fisher #372 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 440 Order granting Notice of Filing of Third Billing Statements of Tonkon Torp LLP. Filed by Clyde A. Hamstreet CRO #371 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, Barbee B. Lyon $400, Robyn Ridler Aoyagi $275, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 439 Order granting Notice of Filing of Billing Statements of CRO Professionals Clyde A. Hamstreet & Associates, LLC, Alvarez & Marsal, LLC, Greene & Markley, PC and Steptoe & Johnson LLP #369 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 17, 2009 Opinion or Order Filing 438 Order granting Notice and Second Interim application for payment of attorney's fees #341 filed by Darryl E. Fisher. This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bos $395, Ann K. Chapman $365, Douglas Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
July 16, 2009 Filing 464 MINUTES of Proceedings: Settlement Conference held. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
July 16, 2009 Filing 437 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
July 16, 2009 Opinion or Order Filing 431 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The Clerk is directed to correct the typographical error in the date of the settlement conference (7/17/09 is changed to 7/15/09) (cw)
July 15, 2009 Opinion or Order Filing 436 Stipulation and Order granting Bank of Whitman relief from injunction as to Pullman Senior Care Properties, LLC Signed on 7/15/09 by U.S. District Judge Michael R. Hogan. (sln)
July 15, 2009 Opinion or Order Filing 435 Stipulation and Order granting Bank of Whitman relief from injunction as to Kennewick Care, LLC Signed on 7/15/09 by U.S. District Judge Michael R. Hogan. (sln)
July 15, 2009 Opinion or Order Filing 434 Stipulation and Order granting First Federal Savings and Loan Association of McMinnville relief from injunction as to Albany Senior Living, LLC Signed on 7/15/09 by U.S. District Judge Michael R. Hogan. (sln)
July 15, 2009 Opinion or Order Filing 433 Stipulation and Order granting Wells Fargo, N.A. as Trustee for the benefit of the holders of Banc of America Large Loan, Inc., Commercial Mortgage Pass-Through Certificates, Series 2005-M1B1 relief from injunction as to Post Point Atlanta, LLC Signed on 7/15/09 by U.S. District Judge Michael R. Hogan. (sln)
July 15, 2009 Opinion or Order Filing 432 Stipulation and Order granting relief from injunction as to Post Falls Senior Living, LLC and Post Falls Land, LLC and authorizing the Tenants In Common to refinance the secured debt on the property with new secured debt. Signed on 7/15/09 by U.S. District Judge Michael R. Hogan. (sln)
July 15, 2009 Filing 430 MINUTES of Proceedings: Settlement Conference held 7/15/09. Agreed terms between select parties placed on the record. Counsel present: Merilee MacLean (for TICs); Ford Elsaesser (for Creditors' Committee); John Spencer Stewart (for the Non-Insider LLC members); Albert Kennedy (for Clyde Hamstreet CRO and certain assisted living facilities); David Osias (for Grassmueck Group); Howard Levine, Kenneth Ross(for Mountain View Village ALF LLC); Michael Grassmueck. The Honorable Michael R. Hogan and the Honorable Lyle Velure presiding. Court Reporter: Deb Wilhelm. (cw)
July 15, 2009 Filing 429 MINUTES of Proceedings: Settlement Conference held 7/15/09 - Agreed terms between select parties placed on the record. Counsel present: Merrilee MacLean (for TICs); Albert Kennedy (for Clyde Hamstreet CRO, and certain assisted living facilities); Michael Esler (for third-party litigants); Paul R.J. Connolly (for Hawthorne Gardens TIC); Gary Grenley, David Dean (for Brown's Canterbury Court, LLC); Tiffany Elkins (for Moses Lake); Teresa Pearson (for secured creditors); Christopher Carson (for Ventas Realty); David Dodds Vanspeybroeck (for Jon Harder); Richard Stone, Brad Summers (for Coordinating Lenders); Barry Caplan (for PA Arbrook and Capmark Finance); Robert Vanden Bos (for Darryl Fisher); Michael Grassmueck. The Honorable Michael R. Hogan and Honorable Lyle Velure presiding. Court Reporter: Deb Wilhelm. (cw) Modified on 7/16/2009 (cw).
July 15, 2009 Filing 428 Motion FOR ORDER (i) AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY (CORINTHIANS) FREE AND CLEAR OF ALL LIENS, CLAIMS, INTERESTS AND ENCUMBRANCES; (ii) AUTHORIZING THE RECEIVER TO PAY CERTAIN LIENS AND CLAIMS FROM THE SALE OF THE REAL PROPERTY; (iii) RELIEVING THE RECEIVER FROM THE PROVISIONS OF 28 U.S.C. 2001-2002; AND (iv) APPROVING THE REAL ESTATE BROKERS COMMISSIONS; AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Attachment Declaration of Clyde Hamstreet In Support of Motion, #2 Attachment Purchase and Sale Agreement, #3 Attachment Notice of Motion, #4 Attachment Proposed Order) (Yates, Greg)
July 15, 2009 Filing 427 Motion STIPULATION AND ORDER GRANTING LOS PADRES BANK, FSB RELIEF FROM INJUNCTION AS TO LOMPOC SENIOR LIVING PROPERTY LIMITED PARTNERSHIP. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 15, 2009 Filing 426 Motion STIPULATION AND ORDER GRANTING NORTH CASCADES NATIONAL BANK RELIEF FROM INJUNCTION AS TO OMAK ALZHEIMERS CARE, L.L.C.. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 15, 2009 Filing 425 Notice of Filing of Fourth Billing Statements of Tonkon Torp LLP for the Period Through June 30, 2009.Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
July 14, 2009 Filing 463 MINUTES of Proceedings: Settlement Conference held. Settlement Conference continued to 7/15/09 at 9:00AM in Eugene before Judge Michael R Hogan and Judge Lyle Velure. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
July 13, 2009 Filing 462 MINUTES of Proceedings: Settlement Conference held. Settlement Conference continued to 7/14/09 at 9:00AM in Eugene before Judge Michael Hogan and Judge Lyle Velure. Court Reporter: None. U.S. District Judge Michael R. Hogan presiding. (lf)
July 13, 2009 Filing 424 Motion STIPULATION AND ORDER GRANTING RELIEF FROM INJUNCTION AS TO POST FALLS SENIOR LIVING, LLC AND POST FALLS LAND, LLC, AND AUTHORIZING THE TENANTS IN COMMON TO REFINANCE THE SECURED DEBT ON THE PROPERTY WITH NEW SECURED DEBT. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 11, 2009 Filing 423 Motion STIPULATION AND ORDER GRANTING FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MCMINNVILLE RELIEF FROM INJUNCTION AS TO ALBANY SENIOR LIVING, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 9, 2009 Filing 422 Motion STIPULATION AND ORDER GRANTING WELLS FARGO, N.A., AS TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF BANC OF AMERICA LARGE LOAN, INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-MIB1 RELIEF FROM INJUNCTION AS TO POST POINTE ATLANTA, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 8, 2009 Filing 421 Notice NOTICE OF FILING OF BILLING STATEMENT OF MOSS ADAMS LLP FOR THE PERIOD MARCH 10, 2009 THROUGH JUNE 17, 2009.Filed by Clyde A. Hamstreet CRO. (Attachments: #1 Attachment Moss Adams LLP Invoice) (Yates, Greg)
July 8, 2009 Opinion or Order Filing 420 Stipulation and Order granting Savings Bank of Maine f/k/a Gardiner Savings Bank relief from injunction as to Cape Elizabeth Senior Living Property, LLC Signed on 7/8/09 by U.S. District Judge Michael R. Hogan. (sln)
July 8, 2009 Opinion or Order Filing 419 Stipulation and Order granting American Marine Bank relief from injunction as to Western Pennsylvania Senior Living Limited Partnership and Western Pennsylvania Senior Living GP, LLC Signed on 7/8/09 by U.S. District Judge Michael R. Hogan. (sln)
July 8, 2009 Opinion or Order Filing 418 Stipulation and Order approving sale of the assets of Middlefield Oaks Assisted Living and Memory Care Community, LLC and Distribution of Proceeds of Sale and Granting partial relief from the preliminary injunction. Signed on 7/8/09 by U.S. District Judge Michael R. Hogan. (sln)
July 7, 2009 Filing 417 Motion STIPULATION AND ORDER GRANTING SAVINGS BANK OF MAINE F/K/A GARDINER SAVINGS BANK RELIEF FROM INJUNCTION AS TO CAPE ELIZABETH SENIOR LIVING PROPERTY, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 7, 2009 Filing 416 Motion STIPULATION AND ORDER GRANTING AMERICAN MARINE BANK RELIEF FROM INJUNCTION AS TO WESTERN PENNSYLVANIA SENIOR LIVING LIMITED PARTNERSHIP AND WESTERN PENNSYLVANIA SENIOR LIVING GP, LLC. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 7, 2009 Opinion or Order Filing 415 Stipulation and Order Approving Sale of the Assets of Middlefield Oaks Assisted Living and Memory Care Community, LLC and Distribution of Proceeds of Sale and Granting Partial Relief from the Preliminary Injunction by Gregory A Falk, Esther I Falk. Filed by Gregory A Falk, Esther I Falk. (Palmer, R.)
July 7, 2009 Filing 414 Motion to Employ Luce Forward. Filed by Clyde A. Hamstreet CRO. (Yates, Greg)
July 6, 2009 Opinion or Order Filing 413 ORDER: Granting Receiver's Motion authority to enter proposed limited partnership transaction re TIC Investors #403 . Signed on 7/6/09 by U.S. District Judge Michael R. Hogan. (sln)
July 6, 2009 Filing 412 Amended Proposed Form of Order Submitted relating to Motion/Docket 403. Filed by Michael Grassmueck. (Osias, David)
July 6, 2009 Filing 411 Notice of Correspondence.Filed by Michael Grassmueck. (Attachments: #1 Attachment Enclosure to Correspondence) (Osias, David)
July 6, 2009 Opinion or Order Filing 410 Order regarding Response to Motion, #407 filed by Tenants in Common Committee for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly.Wrong document is attached to entry #407 , clerk to so note this in the docket entry. See docket entry #408 for correct document. (sln)
July 3, 2009 Filing 409 Response in Opposition to Motion Receiver's Application for Order Authorizing Receiver to Enter Proposed Limited Partnership Transaction and Authorizing Receiver to Act as, or Form, General Partner Solely in his Capacity as Receiver #403 Oral Argument requested. Filed by 422 TIC Investor-Owners. (Jacoby, Kevin)
July 3, 2009 Filing 408 Response Joinder to Motion Receiver's Application for Order Authorizing Receiver to Enter Proposed Limited Partnership Transaction and Authorizing Receiver to Act as, or Form, General Partner Solely in his Capacity as Receiver #403 . Filed by Tenants in Common Committee. (MacLean, Merrilee)
July 3, 2009 Filing 407 Response Joinder of TICC to Motion Receiver's Application for Order Authorizing Receiver to Enter Proposed Limited Partnership Transaction and Authorizing Receiver to Act as, or Form, General Partner Solely in his Capacity as Receiver #403 . Filed by Tenants in Common Committee. (MacLean, Merrilee) Modified on 7/6/2009 - WRONG document attached - see document 408 for correct document (sln).
July 3, 2009 Filing 406 Declaration of William M. Bryant in Support of Reply to JOINT RESPONSE OF CERTAIN TIC INVESTORS TO RECEIVER'S APPLICATION FOR ORDER AUTHORIZING RECEIVER TO ENTER PROPOSED LIMITED PARTNERSHIP TRANSACTION AND AUTHORIZING RECEIVER TO ACT AS, OR FORM, GENERAL PARTNER SOLELY IN HIS CAPACITY AS RECEIVER. Filed by Michael Grassmueck. (Related document(s): Reply to Motion, #405 .) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Hennesay, A.)
July 3, 2009 Filing 405 Reply to Joint Response of Certain TIC Investors in Opposition to Motion Receiver's Application for Order Authorizing Receiver to Enter Proposed Limited Partnership Transaction and Authorizing Receiver to Act as, or Form, General Partner Solely in his Capacity as Receiver #403 . Filed by Michael Grassmueck. (Hennesay, A.)
July 2, 2009 Filing 404 Joint Response in Opposition to Motion Receiver's Application for Order Authorizing Receiver to Enter Proposed Limited Partnership Transaction and Authorizing Receiver to Act as, or Form, General Partner Solely in his Capacity as Receiver #403 . Filed by Kurtz's Canyon Crest, Hawthorne Gardens TIC, Davis' Moses Lake, LLC, Eclevia's Moses Lake, LLC, Hughes' Moses Lake, LLC, Kirby's Moses Lake, LLC, Madsen's Moses Lake, LLC, Murphy's Moses Lake, LLC, Smith's Moses Lake, LLC, Walter's Moses Lake, LLC, Wielde's Moses Lake, LLC, Patterson's Parkway Village, LLC, Phillips' Parkway Village, LLC, Frederick's Parkway Village, LLC, Dicarlo's Parkway Village, LLC, Martin's Parkway Village, LLC, Currens' Parkway Village, LLC, Robbins' Parkway Village, LLC, Smith's Parkway Village, LLC, Whitesell's Parkway Village, LLC, Willoughby's Parkway Village, LLC, Eva's Parkway Village, LLC, Smith's Eldorado Heights, LLC, Rini Wectawski, LLC, Hayes Gardens, LLC, F. Smith's Gardens, LLC, Doyle's Gardens, LLC, Earp-Thomas' Gardens, LLC, Gilbert's Gardens, LLC, H. Gettman's Gardens, LLC, Jeff Earp-Thomas' Gardens, LLC, Parmenter's Garden's, LLC, T and M's Gardens, LLC, T. Gettman's Gardens, LLC, Whitesell's Gardens, LLC, Eugene Gascho's Poulsbo, LLC, Rodney Byers' Poulsbo, LLC, Marcia Byers' Poulsbo, LLC, Willis Byers' Poulsbo, LLC, Rachel Byers' Poulsbo, LLC, Judith Gascho's Poulsbo, LLC, Hughes' Poulsbo, LLC, Tappe's Poulsbo, LLC, Worner's Sequim, LLC, Doubrava's Sequim, LLC, Wielde's Sequim, LLC, Smith's Sequim, LLC, Walker's Sequim, LLC, Zink's Sequim, LLC, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A 10/24/86, Mary M. Travess, Smith's King's Manor, LLC. (Kahn, Gary)
July 1, 2009 Filing 403 Motion Receiver's Application for Order Authorizing Receiver to Enter Proposed Limited Partnership Transaction and Authorizing Receiver to Act as, or Form, General Partner Solely in his Capacity as Receiver. Filed by Michael Grassmueck. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order, #4 Attachment Certificate of Service) (Larkins, William)
July 1, 2009 Filing 402 Declaration of Tim Morris. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Attachments: #1 Exhibit Ex. M, #2 Exhibit Ex. N) (Connolly, Paul)
July 1, 2009 Filing 401 Supplement Exhibit to the Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 400 Supplement Exhibit to the Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 399 Supplement Exhibit to the Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 398 Supplement Exhibit to the Declartion of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 397 Supplement Exhibit to the Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Notice #388 .) (Connolly, Paul)
July 1, 2009 Filing 396 Supplement Exhibit to Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 395 Supplement Exhibit to Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 394 Supplement Exhibit to Declaration of Howard Smith. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 393 Declaration of Howard Smith in Support of Joint Motion for Relief from Preliminary Injuction. Filed by Yakima Investor TICs. (Attachments: #1 Exhibit Ex. C, #2 Exhibit Ex. D) (Connolly, Paul)
July 1, 2009 Filing 392 Declaration of Paul R.J. Connolly in Support of Joint Motion for Relief from Preliminary Injuction. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Connolly, Paul)
July 1, 2009 Filing 391 Memorandum in Support of Joint Motion for Relief from Preliminary Injuction. Filed by Yakima Investor TICs. (Related document(s): Motion - Miscellaneous #390 .) (Connolly, Paul)
July 1, 2009 Filing 390 Joint Motion for Relief from Preliminary Injuction. Oral Argument requested. Filed by Yakima Investor TICs. (Connolly, Paul)
June 30, 2009 Opinion or Order Filing 389 Order - the following representatives are required to attend a mediation beginning on Jul 13, 2009 at the federal courthouse in Eugene, Oregon to reach agreement on a reorganization plan and the timing and process for asset distribution; Ford Elsaesser, Merrilee MacLean, Gary Grenley, Paul Connelly, Mike Esler and Gary Kahn. The following additional representatives are required to attend the same mediation beginning July 14, 2009, Clyde Hamstreet, Michael Grassmueck, David Osias, David Zaro, Al Kennedy, Greg Yates, Steve English, George Kalikman and representatives of lenders. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 26, 2009 Filing 388 First Notice and Application of Financial Forensics for Payment of Fees and Expenses.Filed by Michael Grassmueck. (Larkins, William)
June 26, 2009 Filing 387 Declaration of Michael Grassmueck in Support of First Interim Application for Professional Compensation of Larkins Vacura LLP. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #386 .) (Larkins, William)
June 26, 2009 Filing 386 Motion first interim application for professional compensation of Larkins Vacura LLP. Filed by Michael Grassmueck. (Larkins, William) Modified text on 6/26/2009 (sln).
June 26, 2009 Opinion or Order Filing 385 Order - Pending ongoing mediations including plan mediation commencing the week of July 13, 2009 in Eugene, Oregon, forensic accounting and any motions related thereto are stayed pending further order of the Court. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 25, 2009 Filing 384 Motion /First Interim Application for Professional Compensation of Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period March 2, 2009 through April 30, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Osias, David)
June 25, 2009 Filing 383 Motion /First Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period March 2, 2009 through May 31, 2009. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A) (Osias, David)
June 25, 2009 Opinion or Order Filing 382 ORDER: Granting Relief Defendant J. Wallace Gutzler's Motion for Extension of Time to 8/26/09 to file Answer or otherwise respond #374 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 24, 2009 Opinion or Order Filing 380 Order Granting Notice of Filing of Second Billing Statements of Tonkon Torp LLP #305 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, Ari A. Okano $150, Ingolf Noto $375, Sherill A. Corbett $375, Theodore G. Herzog $350, Thomas P. Palmer $400, M. Lane Sanders $215, Richard J. LaSasso $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 24, 2009 Opinion or Order Filing 379 Order Granting Notice of April Billing Statements for CRO Professionals. Filed by Clyde A. Hamstreet & Associates, LLC #302 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Clyde A. Hamstreet $450, Shirley Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $320, Maren Cohn $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, David A. Foraker $415, Sanford R. Landress $300, G.R. Yates $450, J.B. Moorhead $450, J.R. Taylor $400, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 24, 2009 Filing 375 Declaration of Thomas R. Johnson in Support of Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Filed by J. Wallace Gutzler. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition #374 .) (Johnson, Thomas)
June 24, 2009 Filing 374 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Filed by J. Wallace Gutzler. (Johnson, Thomas)
June 23, 2009 Opinion or Order Filing 378 Stipulation and Order for relief from preliminary injunction to permit the recording of deeds of trust against a receivership entity. (Poulsbo Senior Living, LLC) Signed on 6/22/09 by U.S. District Judge Michael R. Hogan. (sln)
June 23, 2009 Opinion or Order Filing 377 Stipulation and Order granting The Canandaigua National Bank and Trust Company relief from injunction as to Batavia Senior Living, LLC and authorizing assignment of interests to tenants in common. Signed on 6/22/09 by U.S. District Judge Michael R. Hogan. (sln)
June 23, 2009 Opinion or Order Filing 376 Order temporarily authorizing receiver to participate in mediation of claims held by investors against third persons on behalf of investors not currently represented by other counsel. Signed on 6/22/09 by U.S. District Judge Michael R. Hogan. (sln)
June 23, 2009 Filing 373 Notice and Second Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order.Filed by J. Wallace Gutzler. (Johnson, Thomas)
June 22, 2009 Filing 372 Second Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Attachments: #1 Exhibit 1) (Blackhurst, Steven)
June 22, 2009 Filing 371 Notice of Filing of Third Billing Statements of Tonkon Torp LLP.Filed by Clyde A. Hamstreet CRO. (Kennedy, Albert)
June 19, 2009 Filing 370 Notice Correspondence to Judge Hogan re Sunwest's Food Service.Filed by Clyde A. Hamstreet & Associates, LLC. (Kennedy, Albert)
June 19, 2009 Filing 369 Notice of Filing of Billing Statements of CRO Professionals.Filed by Clyde A. Hamstreet & Associates, LLC. (Attachments: #1 Hamstreet & Associates Invoice, #2 Alvarez & Marsal Invoice, #3 Greene & Markley Invoice, #4 Steptoe & Johnson Invoice) (Yates, Greg)
June 18, 2009 Opinion or Order Filing 368 Stipulation and Order granting DNB National Bank relief from injunction as to Pikesville Senior Living, LLC. Signed on 6/15/09 by U.S. District Judge Michael R. Hogan. (sln)
June 18, 2009 Opinion or Order Filing 367 Stipulation and Order granting the Palmetto Bank relief from injunction as to Spartanburg Senior Living, LLC (Park Place). Signed on 6/15/09 by U.S. District Judge Michael R. Hogan. (sln)
June 18, 2009 Opinion or Order Filing 366 Stipulation and Order granting the Palmetto Bank Relief from injunction as to Columbia Senior Living, LLC (Richland Pines) Signed on 6/15/09 by U.S. District Judge Michael R. Hogan. (sln)
June 18, 2009 Opinion or Order Filing 365 Stipulation and Order granting First Niagara Bank's relief from injunction as to Victor Senior Living, LLC (Forest Park) Signed on 6/15/09 by U.S. District Judge Michael R. Hogan. (sln)
June 18, 2009 Opinion or Order Filing 364 Order Granting Application for Special Admission Pro Hac Vice of Jeffrey D. Ganz for RBS Citizens, N.A.. Application Fee in amount of $100 collected. Receipt No. 600004413 issued. Signed on 6/15/09 by U.S. District Judge Michael R. Hogan. (sln)
June 17, 2009 Filing 363 Stipulated Proposed Form of Order Submitted For Relief from Preliminary Injunction to Permit the Recording of Deeds of Trust Against a Receivership Entity. Filed by Eugene Gascho's Poulsbo, LLC, Rodney Byers' Poulsbo, LLC, Marcia Byers' Poulsbo, LLC, Willis Byers' Poulsbo, LLC, Rachel Byers' Poulsbo, LLC, Judith Gascho's Poulsbo, LLC, Hughes' Poulsbo, LLC, Tappe's Poulsbo, LLC. (Kahn, Gary)
June 17, 2009 Filing 362 Notice of Correspondence and transmittal of proposed Order Temporarily Authorizing Receiver to Participate in Mediation of Claims Held by Investors Against Third Persons on Behalf of Investors Not Currently Represented by Other Counsel.Filed by Michael Grassmueck. (Osias, David)
June 16, 2009 Filing 361 Stipulation and Proposed Order Granting The Canandaigua National Bank And Trust Company Relief From Injunction As To Batavia Senior Living, LLC and Authorizing Assigment Of Interests To Tenants In Common by Clyde A. Hamstreet & Associates, LLC. Filed by Clyde A. Hamstreet & Associates, LLC. (Yates, Greg)
June 15, 2009 Filing 381 MINUTES of Proceedings: Status Conference held on 6/15/09 in Portland.counsel John D. Albert, Richard T. Anderson, Joseph Arellano, Steven Blackhurst, David Bledsoe, Barry Caplan, Christopher Carson, Jonathan Cohen, David Criswell, Douglas Cushing, William Drew, David Elkanich, Stephen English, Joseph Field, Justine Fischer, George Fogg, Gary Grenley, Michael Haglund, Christopher Hart, Nancy Isserlis, Dillon Jackson, Kevin Jacoby, Gary Kahn, Albert Kennedy, Christine Koysdar, William Larkins, Benjamin Lauritsen, Howard Levine, Merrilee MacLean, Carla McClurg, Sheila O'Callaghan, David Osias, R. Scott Palmer, Andrew Parks, Teresa Pearson, Kit Pierson, John Potter, Daniel Rosenhouse, Laura Caldera Taylor, Jeanette Thomas, David VanSpybroeck, Robert Vanden Bos, Laura J. Walker, Scott Whipple, Greg Yates, Richard Yugler, David Zaro, Paul Fortino present. Also Present Receiver Michael Grassmueck and Clyde Hamstreet. Court Reporter: Amanda LeGore. U.S. District Judge Michael R. Hogan presiding. (sln)
June 12, 2009 Filing 360 Affidavit of Counsel (Jeffrey D. Ganz) in Support of Motion to Compel Debt Service Payments or, in the Alternative, for Relief from the Preliminary Injunction. Filed by RBS Citizens, N.A.. (Related document(s): Motion - Miscellaneous #358 .) (Criswell, David)
June 12, 2009 Filing 359 Affidavit of Christopher G. Daniel in Support of Motion to Compel Debt Service Payments or, in the Alternative, for Relief from the Preliminary Injunction. Filed by RBS Citizens, N.A.. (Related document(s): Motion - Miscellaneous #358 .) (Criswell, David)
June 12, 2009 Filing 358 Motion of RBS Citizens, N.A. to Compel Debt Service Payments or, in the Alternative, for Relief from the Preliminary Injunction. Oral Argument requested. Filed by RBS Citizens, N.A.. (Criswell, David)
June 12, 2009 Filing 357 Motion for Limited Admission - Pro Hac Vice (Jeffrey D. Ganz). Filed by RBS Citizens, N.A.. (Criswell, David)
June 12, 2009 Filing 356 Motion for Order on Application for Professional Compensation of Receiver's Former Local/Conflicts Counsel. Filed by Michael Grassmueck. (Wade, David)
June 12, 2009 Filing 355 Notice Letter to Judge Hogan.Filed by Brown's Canterbury Court, LLC. (Grenley, Gary)
June 12, 2009 Opinion or Order Filing 354 ORDER: Stanley Crowell's Motion for "Order to Grant Relief from Automatic Stay" #280 is granted to the extent that the Receivership Order of 3/10/09 is modified to permit Crowell to pursue the action identified in the motion. Signed on 6/12/09 by U.S. District Judge Michael R. Hogan. (sln)
June 12, 2009 Opinion or Order Filing 353 Stipulation and Order granting Taylor Funding I, LLC relief from injunction as to Corinthians I Retirement Community, LP. Signed on 6/12/09 by U.S. District Judge Michael R. Hogan. (sln)
June 12, 2009 Opinion or Order Filing 352 ORDER: approving rights and powers of CRO and Management Committee. Signed on 6/12/09 by U.S. District Judge Michael R. Hogan. (sln)
June 12, 2009 Filing 351 Stipulation and Proposed Order Granting Relief From Injunction as to Pikesville Senior Living, LLC by Clyde A. Hamstreet & Associates, LLC. Filed by Clyde A. Hamstreet & Associates, LLC. (Yates, Greg)
June 11, 2009 Opinion or Order Filing 350 Scheduling Order - Non-Party Police and Fire Retirement System of City of Detroit's Motion #340 - Oral Argument is set for 8/18/2009 at 10:00AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
June 11, 2009 Filing 349 Exhibits to Order Granting Relief From Injunction as to Kansas City Senior Living Property, LLC re Stipulated Order, #345 . Filed by First State Bank of Kansas City, Kansas. (Walker, Laura)
June 10, 2009 Filing 348 Stipulation and Proposed Order Granting Taylor Funding I, LLC Relief From Injunction as to Corinthians I Retirement Community, LP by Clyde A. Hamstreet & Associates, LLC. Filed by Clyde A. Hamstreet & Associates, LLC. (Yates, Greg)
June 9, 2009 Filing 347 Notice of Correspondence to Judge Hogan.Filed by Michael Grassmueck. (Hennesay, A.)
June 9, 2009 Opinion or Order Filing 346 Order - Receiver's Order authorizing receiver to participate in litigation and mediation of claims held by investors against third persons on behalf of investors not participating through counsel in pending litigation attached to the Notice #294 is denied without prejudice until process agreed to or mediated with Judge Velure. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 9, 2009 Opinion or Order Filing 345 Stipulation and Order granting First State Bank of Kansas City, Kansas relief from injunction as to Kansas City Senior Living Property, LLC and authorizing assignment of interests to TI-Victory Hills, LLC Signed on 6/9/09 by U.S. District Judge Michael R. Hogan. (sln) Please see document 349 for exhibit. Modified on 6/12/2009 (sln).
June 9, 2009 Opinion or Order Filing 344 Stipulation and Order granting Ventas Realty, Limited Partnership relief from injunction as to Merced Senior Living Limited Partnership. Signed on 6/9/09 by U.S. District Judge Michael R. Hogan. (sln)
June 9, 2009 Opinion or Order Filing 343 Scheduling Order by U.S. District Judge Michael R. Hogan - the conference set for 6/15/2009 at 01:00PM at the Mark O. Hatfield U.S. Courthouse in Portland will be held in the JURY ASSEMBLY ROOM to review The Plan via power point demonstration before U.S. District Judge Michael R. Hogan and Lyle Velure. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 9, 2009 Filing 342 Notice of Attorney Withdrawal:.Filed by Capmark Finance, Inc.. (Krystinik, Jay)
June 9, 2009 Filing 341 Notice and Second Interim Application for Payment of Attorney's Fees Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
June 5, 2009 Filing 340 Motion for relief from preliminary injunction. Oral Argument requested. Filed by Specially Appearing Non-Party Police and Fire Retirement System of the City of Detroit. (Attachments: #1 Attachment Declaration, #2 Exhibit Exhibit1, #3 Exhibit Exhibit A part 2, #4 Exhibit Exhibit A part 3, #5 Exhibit Exhibit B, #6 Exhibit Exhibit C, #7 Exhibit Exhibit, #8 Exhibit Exhibit E, #9 Attachment Declaration, #10 Exhibit Exhibit A, #11 Exhibit Exhibit B, #12 Attachment Declaration, #13 Exhibit Exhibit A part 1, #14 Exhibit Exhibit A Part 2, #15 Exhibit Exhibit B, #16 Exhibit Exhibit C Part 1, #17 Exhibit Exhibit C part 2, #18 Exhibit Exhibit D, #19 Exhibit Exhibit E, #20 Attachment Declaration, #21 Exhibit Exhibit A, #22 Exhibit Exhibit B, #23 Exhibit Exhibit C, #24 Exhibit Exhibit D part 1, #25 Exhibit Exhibit D part 2, #26 Exhibit Exhibit E part 1, #27 Exhibit Exhibit E part 2, #28 Exhibit Exhibit F part 1, #29 Exhibit Exhibit F part 2, #30 Exhibit Exhibit G, #31 Exhibit Exhibit H, #32 Exhibit Exhibit I, #33 Exhibit Exhibit J, #34 Exhibit Exhibit K, #35 Exhibit Exhibit L, #36 Exhibit Exhibit M, #37 Exhibit Exhibit N, #38 Exhibit Exhibit O) (Drew, William) Modified on 6/8/2009 (sln).
June 5, 2009 Opinion or Order Filing 339 ORDER: Granting Robert E. Price's Motion For Referral Of Dispute To Mediation #322 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 5, 2009 Filing 338 Notice re Order on motion for order to show cause #64 Stipulation and Order Granting Relief from Injunction.Filed by First Niagara Bank. (Related document(s): Order on motion for order to show cause #64 .) (Attachments: #1 Attachment Stipulation and Order Granting First Niagara Bank's Relief from Injunction as to Victor Senior Living, LLC (Forest Park), #2 Attachment Certificate of Service) (Walker, Laura)
June 5, 2009 Filing 337 Notice re Order on motion for order to show cause #64 Stipulation and Order Granting Relief from Injunction.Filed by The Palmetto Bank. (Related document(s): Order on motion for order to show cause #64 .) (Attachments: #1 Attachment Stipulation and Order Granting The Palmetto Bank Relief from Injunction as to Columbia Senior Living, LLC (Richland Pines), #2 Attachment Certificate of Service) (Walker, Laura)
June 5, 2009 Filing 336 Notice re Order on motion for order to show cause #64 Stipulation and Order Authorizing Relief From Injunction.Filed by The Palmetto Bank. (Related document(s): Order on motion for order to show cause #64 .) (Attachments: #1 Attachment Stipulation and Order Granting The Palmetto Bank Relief from Injunction as to Spartanburg Senior Living, LLC (Park Place), #2 Attachment Certificate of Service) (Walker, Laura)
June 5, 2009 Filing 335 Notice Correspondence to Judge Hogan re Proposed Stipulation and Order.Filed by First State Bank of Kansas City, Kansas. (Walker, Laura)
June 5, 2009 Filing 334 Stipulated Proposed Form of Order Submitted Granting Relief from Injunction as to Kansas City Senior Living Property, LLC and Assignment of Interest to TI-Victory Hills, LLC. Filed by First State Bank of Kansas City, Kansas. (Attachments: #1 Attachment Certificate of Service) (Walker, Laura)
June 4, 2009 Filing 333 Notice of Interested Party to Receive Electronic Notices.Filed by Michael Grassmueck. (Larkins, William)
June 3, 2009 Filing 328 Notice re Order #314 Correspondence to Judge Hogan.Filed by Dan Whitaker. (Related document(s): Order #314 .) (Carusone, Judson)
June 2, 2009 Filing 327 Proposed Form of Order Submitted Order Approving Rights And Powers Of CRO And Management Committee. Filed by Michael Grassmueck. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Hennesay, A.)
June 2, 2009 Opinion or Order Filing 326 ORDER: Granting Defendant Darryl E. Fisher's Motion for Attorney Fees #273 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Robert J. Vanden Bros $395, Ann K. Chapman $365, Dougals Ricks $250, Michael A. Elson $150, Christopher N. Coyle $150, Jennifer Houck $100, Sara Cobb $100, Amy Sinclair $100, Carol Hoecker $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 2, 2009 Opinion or Order Filing 325 ORDER: Granting Relief Defendant Darryl E. Fisher's Motion for Attorney Fees #272 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Gregg D. Johnson $375, James M. Barrett $300, Steven K. Blackhurst $400, Marjorie Walter $150, Janice C. Harvey $100, Sara L. Tait $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 2, 2009 Opinion or Order Filing 324 Order Granting Notice and Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler #271 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Paul Fortino $450, Pravin Rao $450, Brent Bullock $450, Thomas Johnson $395, Stephanie Hines $335, Tanya Woolley $100, Susan Roberts $100, Taylor Correll $100, Michelle Servo $100, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln)
June 2, 2009 Filing 323 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
June 1, 2009 Opinion or Order Filing 332 Order Granting Application for Special Admission Pro Hac Vice of Kit A. Pierson for Kurtz's Canyon Crest. Application Fee in amount of $100 collected. Receipt No. 600004365 issued. Signed on 6/1/09 by U.S. District Judge Michael R. Hogan. (sln)
June 1, 2009 Opinion or Order Filing 331 Order Granting Application for Special Admission Pro Hac Vice of Joshua S. Devore for Kurtz's Canyon Crest. Application Fee in amount of $100 collected. Receipt No. 600004365 issued. Signed on 6/1/09 by U.S. District Judge Michael R. Hogan. (sln)
June 1, 2009 Opinion or Order Filing 330 Order Granting Application for Special Admission Pro Hac Vice of Steven J Toll for Kurtz's Canyon Crest. Application Fee in amount of $100 collected. Receipt No. 600004365 issued. Signed on 6/1/09 by U.S. District Judge Michael R. Hogan. (sln)
June 1, 2009 Opinion or Order Filing 329 Order Granting Application for Special Admission Pro Hac Vice of Anna Ryon for Kurtz's Canyon Crest. Application Fee in amount of $100 collected. Receipt No. 600005365 issued. Signed on 6/1/09 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 6/3/2009 (sln).
June 1, 2009 Filing 322 Motion Robert E. Price's Motion For Referral Of Dispute To Mediation. Filed by Robert E Price. (Carlton, Robert)
June 1, 2009 Filing 321 Record of Order - Clarification of Order 315 filed on 5/29/09 regarding Notice #229 of Filing of Billing Statements and and Order 316 filed on 5/29/09 regarding Notice #232 of Filing of Billing Statements also include authorization for the amount of the costs requested in the fee statements. Ordered by U.S. District Judge Michael R. Hogan. (lf)
May 29, 2009 Filing 320 Notice re Order #314 Notice of Filing of Lone Star Budget.Filed by Clyde Hamstreet. (Related document(s): Order #314 .) (Attachments: #1 Attachment Lone Star Budget) (Yates, Greg)
May 29, 2009 Filing 319 Supplement of Information for Perkins Coie LLP Billing Statements Regarding Positions and Experience Levels. Filed by J. Wallace Gutzler. (Related document(s): Notice #271 .) (Attachments: #1 Appendix 1) (Johnson, Thomas)
May 29, 2009 Filing 318 Supplement to Application for Payment of Attorneys' Fees Pursuant to Judge Hogan's Order of May 19, 2009. Filed by Darryl E. Fisher. (Related document(s): Motion for Attorney Fees #272 .) (Blackhurst, Steven)
May 29, 2009 Opinion or Order Filing 317 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record regarding Order #257 dated 4/29/09. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. In footnote 2 on page 2 case number 08-30151 should read 09-30151. The order is amended by interlineation and attached to this entry. (sln)
May 29, 2009 Opinion or Order Filing 316 Order granting Notice of Filing of Billing Statements of Tonkon Torp LLP.Filed by Clyde A. Hamstreet & Associates, LLC #232 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Karen L. Bachman $100, Chloris E. Belding $65, Haley B. Bjerk $195, Jeanne Chamberlain $375, Timothy J. Conway $400, Anita M. Crowther $100, Sandra L. Dennis $100, Justin B. Denton $300, Michael W. Fletcher $300, David C. Forman $350, James K. Hein $225, Jeffrey Keeny $350, Albert Kennedy $450, Nancy Kennedy $90, Laura J. Lindberg $100, Elizabeth Newell $215, David J. Petersen $275, Leon Simson $450, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 29, 2009 Opinion or Order Filing 315 Order granting Notice of filing of billing statements of Clyde A. Hamstreet & Associates, LLC, Alvarez & Marsal, Greene & Markley, P.C., Steptoe & Johnson LLP, The Management Committee and Grove, Mueller & Swank, P.C. for the period of March 2, 2009 through March 31, 2009 #229 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Cylde A. Hamstreet $450, Shirely Dunn $360, Mark Schmidt $350, Kathrine Barton $320, Sue King $340, Maren Cohn $300, Tom Decker $300, Tom Decker $300, Jan Heald Robinson $300, Andrew Owen $200, Kelsey Clarkson $100, Kathy Million $75, Blair Barton $35, Leslie Pirrotta $35, Paul Rundell $450, Matt Marcos $450, Steve Kraus $375, G.R. Yates $450, J.B. Moorhead $450, M. McRoberts $350, K. Galvani $350, E. Dattalo $100, C. Moss $100, J. Fryer $100., and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, in accordance with the Order Granting Preliminary Injunction and Appointing a Receiver, to pay on an interim basis 80% of the fees. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 28, 2009 Filing 313 Motion for Leave to Appear Pro Hac Vice for Anna Ryon. Filed by Kurtz's Canyon Crest. (Fischer, Justine)
May 28, 2009 Filing 312 Motion for Leave to Appear Pro Hac Vice for Steven J. Toll. Filed by Kurtz's Canyon Crest. (Fischer, Justine)
May 28, 2009 Filing 311 Motion for Leave to Appear Pro Hac Vice for Joshua S. Devore. Filed by Kurtz's Canyon Crest. (Fischer, Justine)
May 28, 2009 Filing 310 Motion for Leave to Appear Pro Hac Vice for Kit A. Pierson. Filed by Kurtz's Canyon Crest. (Fischer, Justine)
May 27, 2009 Filing 314 Unopposed Order granting additional preliminary injunction and appointing receiver for additional entities. Signed on 5/27/09 by U.S. District Judge Michael R. Hogan. (sln)
May 27, 2009 Filing 309 Memorandum in Opposition to Receiver's Proposed Order Authorizing Receiver to Participate in Litigation and Mediation of Investor Claims Against Third Parties Oral Argument requested. Filed by Kurtz's Canyon Crest. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Fischer, Justine)
May 27, 2009 Opinion or Order Filing 308 Stipulation and Order granting Harris, N.A. Relief from injunction as to Autumn Glen Cottages Property, LLC Signed on 5/27/09 by U.S. District Judge Michael R. Hogan. (sln)
May 27, 2009 Filing 307 Notice of Statement of Expericence Supporting Motion for Attorney Fees Pursuant to CRO Agreement and Court Order.Filed by Darryl E. Fisher. (Vanden Bos, Robert)
May 27, 2009 Filing 306 Unopposed Proposed Form of Order Submitted Granting Additional Preliminary Injunction and Appointing Receiver for Additional Entities. Filed by Michael Grassmueck. (Osias, David)
May 27, 2009 Filing 305 Notice of Filing of Second Billing Statements of Tonkon Torp LLP.Filed by Clyde Hamstreet. (Kennedy, Albert)
May 26, 2009 Opinion or Order Filing 304 Stipulation and Order Granting Harris, N.A. Relief from Injunction as to Autumn Glen Cottages Property, LLC by Jon M. Harder, Proposed Form of Order Submitted by Counsel for Chief Restructuring Officer and Management Committee; Receiver; Harris, N.A.; Kristin Harder; Jon M. Harder; J. Wallace Gutzler; and Darryl E. Fisher. Filed by Jon M. Harder. (Taylor, Laura)
May 26, 2009 Filing 303 Supplemental Notice re Notice, #229 Billing Statements -- Professional Information.Filed by Sunwest Management, Inc.. (Related document(s): Notice, #229 .) (Attachments: #1 Supplement To Billing Statement) (Yates, Greg)
May 26, 2009 Filing 302 Notice of April Billing Statements for CRO Professionals.Filed by Clyde A. Hamstreet & Associates, LLC. (Attachments: #1 Attachment Hamstreet Invoice, #2 Attachment A&M Invoice, #3 Attachment G&M Invoice, #4 Attachment S&J Invoice, #5 Attachment Supplemental Professional Information) (Yates, Greg)
May 22, 2009 Opinion or Order Filing 301 Stipulation and Order - Granting the Palmetto Bank relief from injunction as to Highlands Senior Living Property, LLC (Chestnut Hill). Ordered by U.S. District Judge Michael R. Hogan. (lf)
May 22, 2009 Filing 300 Stipulation for relief from injunction (Chestnut Hill) by The Palmetto Bank. Filed by The Palmetto Bank. (Walker, Laura)
May 22, 2009 Filing 299 Supplement Information for Tonkon Torp LLP Billing Statements Regarding Positions and Experience Levels. Filed by Clyde Hamstreet. (Related document(s): Notice #232 .) (Conway, Timothy)
May 22, 2009 Filing 298 Notice of Appearance of Jonathan E. Cohen appearing on behalf of JPMorgan Chase Bank, National Association.Filed by on behalf of JPMorgan Chase Bank, National Association. (Cohen, Jonathan)
May 22, 2009 Filing 297 Proposed Form of Order Submitted Granting Additional Preliminary Injunction and Appointing Receiver for Additional Entities. Filed by Michael Grassmueck. (Osias, David)
May 22, 2009 Opinion or Order Filing 296 ORDER: Granting New South Federal Savings Bank, Centerline Servicing, Inc and LNR Partners, Inc's Motion to Intervene #290 ; Granting D. Kurtz's Canyon Crest, LLC, et al Motion to Intervene #295 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 21, 2009 Filing 295 Motion to Intervene. Filed by Kurtz's Canyon Crest. (Attachments: #1 Memorandum in Support of Motion to Intervene, #2 Declaration of Kit Pierson, #3 Exhibit Exhibit A to Declaration of Kit Pierson, #4 Exhibit Exhibit B to Declaration of Kit Pierson, #5 Exhibit Exhibit C to Declaration of Kit Pierson) (Fischer, Justine)
May 21, 2009 Filing 294 Notice of Correspondence to Judge Hogan.Filed by Michael Grassmueck. (Osias, David)
May 20, 2009 Opinion or Order Filing 293 ORDER: Receiver's Motion for approval of receiver;s employment of local counsel, effective 4/21/09 #278 is granted. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 19, 2009 Opinion or Order Filing 292 Scheduling Order - Conference set for Friday, May 22, 2009, at 9AM in Portland, Oregon, is reset for June 15, 2009, at 01:00PM, at the Mark O. Hatfield Courthouse, in courtroom 14B, in Portland, Oregon before U.S. District Judge Michael R. Hogan and Judge Lyle Velure. The purpose of this conference is for the parties to report on the status of mediation efforts of their individual disputes. The court expects a concerted effort and a flexible approach on everyone's part. Personal Appearance is Required. Ordered by U.S. District Judge Michael R. Hogan. (lf)
May 19, 2009 Opinion or Order Filing 291 Order - the court is in the process of reviewing billing statements for professional fees in this matter and requests additional information. The court requires that the billing statements list the position and experience level of each professional as well as their requested hourly rates. Regardless of whether objections to fees and expenses are filed, authorization for payment of the statements on an interim basis will not be granted until specifically ordered by the court. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 19, 2009 Filing 290 Motion to Intervene. Filed by New South Federal Savings Bank, Centerline Servicing, Inc., LNR Partners, Inc.. (Lauritsen, Benjamin)
May 19, 2009 Filing 289 Notice of Attorney Substitution:Attorney William L. Larkins, Jr. is substituted as counsel of record in place of Attorney Milo Petranovich; Robert R. Calo and Julie Engbloom.Filed by Sunwest Management, Inc.. (Petranovich, Milo)
May 19, 2009 Opinion or Order Filing 288 ORDER: Granting Sunwest Management, Inc.'s Motion for Extension of Time to 8/18/09 to answer or otherwise respond to plaintiff's complaint #285 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 19, 2009 Opinion or Order Filing 287 Scheduling Order - In Person Conference is set for 5/22/2009 at 09:00AM in Portland, in courtroom 14B, before U.S. District Judge Michael R. Hogan and Judge Lyle Velure. Ordered by U.S. District Judge Michael R. Hogan. (lf)
May 18, 2009 Filing 286 Declaration of Milo Petranovich in Support of Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Filed by Sunwest Management, Inc.. (Related document(s): Motion for Extension of Time #285 .) (Petranovich, Milo)
May 18, 2009 Filing 285 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Filed by Sunwest Management, Inc.. (Petranovich, Milo)
May 18, 2009 Filing 284 Record of Order - Granting relief defendant Gutzler's Unopposed Motion #281 for Extension of Time to 6/26/09 to Answer or Otherwise Respond to Plaintiff's Complaint #1 . Ordered by U.S. District Judge Michael R. Hogan. (lf)
May 15, 2009 Filing 283 Response by TIC Committee to Notice of Filing of Billing Statements Filed by Clyde A. Hamstreet & Associates, et al. and Tonkon Torp. Filed by Tenants in Common Committee. (Related document(s): Notice #232 , Notice, #229 .) (MacLean, Merrilee)
May 15, 2009 Filing 282 Declaration of Thomas R. Johnson in Support of Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Filed by J. Wallace Gutzler. (Related document(s): Motion - Miscellaneous #281 .) (Johnson, Thomas)
May 15, 2009 Filing 281 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Filed by J. Wallace Gutzler. (Johnson, Thomas)
May 14, 2009 Filing 280 Motion for Order to grant relief from automatic stay and brief in support thereof. Filed by Stanley Crowell. (sln)
May 14, 2009 Filing 279 Declaration of William L. Larkins, Jr. in Support of Application for Approval of Receiver's Employment of Local Counsel. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #278 .) (Larkins, William)
May 14, 2009 Filing 278 Motion Application for Approval of Receiver's Employment of Local Counsel, Effective April 21, 2009. Filed by Michael Grassmueck. (Larkins, William)
May 14, 2009 Filing 277 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
May 14, 2009 Opinion or Order Filing 276 ORDER: Granting New South Federal Savings Bank, Centerline Servicing, Inc. and LNR Partners, Inc's Motion to Withdraw motion to intervene #275 . Motion to Intervene #274 is withdrawn; Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 13, 2009 Filing 275 Motion to Withdraw Motion to intervene #274 . Filed by New South Federal Savings Bank, Centerline Servicing, Inc., LNR Partners, Inc.. (Lauritsen, Benjamin)
May 11, 2009 Filing 274 Motion to Intervene. Filed by New South Federal Savings Bank, Centerline Servicing, Inc., LNR Partners, Inc.. (Lauritsen, Benjamin)
May 11, 2009 Filing 273 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
May 8, 2009 Filing 272 Motion for Attorney Fees Pursuant to CRO Agreement and Court Order by Relief Defendant Darryl E. Fisher. Filed by Darryl E. Fisher. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Blackhurst, Steven)
May 8, 2009 Filing 271 Notice and Application for Payment of Attorneys Fees Pursuant to CRO Agreement and Court Order.Filed by J. Wallace Gutzler. (Johnson, Thomas)
May 8, 2009 Filing 270 Transcript of Proceedings held on 4/28/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm.. (sln) (Main Document 270 replaced on 12/22/2011) (sln).
May 5, 2009 Opinion or Order Filing 269 ORDER: Granting CRO's Motion to employ Clyde A. Hamstreet & Associates, LLC, Alvarez & Marsal, Moss Adams LLP, Greene & Markley, P.C., Tonkon Torp LLP and Steptoe & Johnson LLP as professionals as to 3/2/09 to assist the Chief Restructuring Officer of the receivership entities #225 . Signed on 5/5/09 by U.S. District Judge Michael R. Hogan. (sln)
May 4, 2009 Filing 268 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
May 1, 2009 Filing 267 Proposed Proposed Form of Order Submitted CRO Professional's Retention. Filed by Sunwest Management, Inc.. (Yates, Greg)
May 1, 2009 Opinion or Order Filing 266 ORDER: Granting Sunwest Management, Inc's Motion for Referral of Dispute to Mediation #265 . Ordered Grace Management shall participate in mediation as requested in the motion. Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 1, 2009 Filing 265 Motion for Referral of Dispute to Mediation. Filed by Sunwest Management, Inc.. (Attachments: #1 Exhibit A) (Haglund, Michael)
May 1, 2009 Opinion or Order Filing 264 ORDER: Granting Motion to Withdraw motion #242 #263 . Ordered Amended Motion to Set Dispositon Procedures #242 is withdrawn; Ordered by U.S. District Judge Michael R. Hogan. (sln)
May 1, 2009 Filing 263 Motion to Withdraw Motion to Set Disposition Proceedures Motion to Amend/Correct #242 . Filed by Sunwest Management, Inc.. (Yates, Greg)
April 30, 2009 Filing 262 Stipulated Order authorizing CMP Holdings, LLC's purchase of membership interest Signed on 4/30/09 by U.S. District Judge Michael R. Hogan. (sln)
April 30, 2009 Opinion or Order Filing 261 Stipulation and Order granting PA Arbrook LLC's relief from the Preliminary Injunction. Signed on 4/30/09 by U.S. District Judge Michael R. Hogan. (sln)
April 30, 2009 Filing 260 Stipulated Proposed Form of Order Submitted Authorizing CMP Holdings, LLC's Purchase of Membership Interests. Filed by CMP Holdings, LLC. (Schleicher, Tara)
April 29, 2009 Opinion or Order Filing 259 Order - document attached is a list of the parties that are currently receiving electronic notices in the SEC and Harder cases. Please review the list and file a notice in Cv 09-6074-HO of any additional parties that should be receiving electronic notices including interested parties in 09-6082 through 6088 and 09-6111 through 6112. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 29, 2009 Opinion or Order Filing 258 ORDER: The Palmetto Bank's Motion to Expedite/Accelerate #186 granted to extent that the motion was heard. Defendant Sunwest Management, Inc's Motion to set Disposition Procedures #239 is denied as moot as the document is incomplete. An amended motion #242 has been filed. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 29, 2009 Opinion or Order Filing 257 ORDER: For the reasons note, the amended motions for withdrawal in cases 09-6082 (#225); 09-6083 (#164); 09-6084 (#139); 09-6085 (#114); 09-6086 (#120); 09-6087 (#60); 09-6088 (#14) are granted and the initial motions for withdrawal (#s 222, 161, 136, 111, 117, 53, and 11 respectively) are denied as moot. In addition, the motions for withdrawal in cases 09-6111 (#157) and 09-6112 (#151) are granted. Also as noted, the following motions in this case are granted: #162; #199; and #227. The following motions in this case are denied: #53; #98; #148; #164; #170; #182; #216; and #221. Objection #500 in case number 09-6074 is denied and motion #514 in case number 09-6074 is granted. The clerk shall enter copy of this order in case numbers 09-6056, 09-6074, 09-6082, 09-6083, 09-6084, 09-6085, 09-6086, 09-6087, 09-6088, 09-6111, and 09-6112. Signed on 4/29/09 by U.S. District Judge Michael R. Hogan. (sln)
April 29, 2009 Opinion or Order Filing 256 ORDER: Granting Motion to Confirm Appointment of Karr Tuttle Campbell as counsel to TIC Committee #247 . Signed on 4/28/09 by U.S. District Judge Michael R. Hogan. (sln)
April 29, 2009 Filing 255 Waiver of Service of Summons Returned Executed by Senenet Leasing Company waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
April 29, 2009 Filing 254 Waiver of Service of Summons Returned Executed by Encore Indemnity Management LLC waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
April 29, 2009 Filing 253 Waiver of Service of Summons Returned Executed by Fuse Advertising, Inc. waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
April 29, 2009 Filing 252 Waiver of Service of Summons Returned Executed by Sunwest Management, Inc. waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
April 28, 2009 Filing 251 Notice of Appearance of Joseph A. Field appearing on behalf of Spring Pointe, LLC.Filed by on behalf of Spring Pointe, LLC. (Field, Joseph)
April 28, 2009 Filing 250 MINUTES of Proceedings: Status Conference, Show Cause Hearing and oral argument on all pending motions held: Ordered motions taken under advisement; Mark Fickes, Michael Liftik present as counsel for plaintiffs.Greg Yates, Stephen English, Laura Taylor, Robert Vanden Bos, Merrilee MacLean, Ford Elsaesser, Brad Summers, John Albert, Laura Walker, Michael Esler, Jeanette Thomas, Richard Anderson, Joseph Arellano, Lee Attansio, Hannah Blumenstiel, Kathleen Bricken, Barry Caplan Christopher Carson, Jon Cohen, David Criswell, Douglas Cushing, David Foraker, Gary Grenley, Brian Holland, Kevin Jacoby, Joe Fields, Tiffany Elkins, Leon Simson, William Larkins, Howard Levine, Carla McClurg, David Mills, David Osias, Tara Schleicher, Bill Drew, Laura Taylor, B. Scott Whipple, Richard Yugler, J. Stephen Werts, Michelle Blackwell, Andrew Parks present as counsel for certain parties. Receiver, Michael Grassmueck and Clyde Hamstreet also present. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan (sln) Modified on 4/29/2009 (sln).
April 28, 2009 Filing 249 Certificate of Service by Tenants in Common Committee of Motion for Appointment of Counsel to Confirm Apppointment of Karr Tuttle Campbell as Counsel to TIC Committee #247 Filed by Tenants in Common Committee. (Carey, Diana)
April 27, 2009 Filing 248 Response in Opposition Receiver's Response to Motion For Adequate Protection and Relief from Preliminary Injunction #182 . Filed by Michael Grassmueck. (Hennesay, A.)
April 27, 2009 Filing 247 Motion for Appointment of Counsel to Confirm Apppointment of Karr Tuttle Campbell as Counsel to TIC Committee. Filed by Tenants in Common Committee. (Attachments: #1 Proposed Order) (Carey, Diana)
April 27, 2009 Opinion or Order Filing 246 Order Granting Application for Special Admission Pro Hac Vice of Lee S. Attanasio for Certain Coordinating Lenders. Application Fee in amount of $100 collected. Receipt No. 600004278 issued. Signed on 4/25/09 by U.S. District Judge Michael R. Hogan. (sln)
April 27, 2009 Opinion or Order Filing 245 Order Granting Application for Special Admission Pro Hac Vice of Weiting Hsu for NRF Capital, LP and NRCF WA Holdings II, LLC.. Signed on 4/25/09 by U.S. District Judge Michael R. Hogan. (sln)
April 27, 2009 Opinion or Order Filing 244 Order Granting Application for Special Admission Pro Hac Vice of Greg R. Yates for Clyde A. Hamstreet & Associates, LLC and Sunwest Management, Inc.. Application Fee in amount of $100 collected. Receipt No. 600004275 issued. Signed on 4/25/09 by U.S. District Judge Michael R. Hogan. (sln)
April 27, 2009 Filing 243 Reply Non-Party EquityLine Financial Group, Inc.'s Reply in Support to Motion for Relief from Stay (Expedited Hearing Requested) #164 . Filed by Equityline Financial Group, Inc.. (Bricken, Kathleen)
April 27, 2009 Filing 242 Motion to Amend/Correct Motion to Set Dispositon Procedures Motion - Miscellaneous #239 . Oral Argument requested. Filed by Sunwest Management, Inc.. (Yates, Greg)
April 24, 2009 Filing 241 Report First Interim Report Of Receiver Michael Grassmueck As Of April 23, 2009. Filed by Michael Grassmueck. (Hennesay, A.)
April 24, 2009 Filing 240 Response in Opposition Receiver's Response To PA Arbrook LLC'S Motion For Relief And Omnibus Supplement To Receiver's Response To Relief Motions Filed By: (1) First Federal Savings And Loan Association Of McMinnville #98 ; (2) CMP Holdings, LLC #221 , and (3) North Cascade National Bank #148 to Motion to Correct Docket No. 53 and to Set Motion for Relief for Hearing on April 28, 2009 (Supplementing Docket No. 53) #170 , Motion for Modification of Order Granting Preliminary Injunction and Appointing Receiver #98 , Motion for Order Granting Relief from Preliminary Injunction #148 , Motion for Relief from March 10, 2009 Order Granting Preliminary Injunction and Appointing Receiver #221 . Filed by Michael Grassmueck. (Hennesay, A.)
April 24, 2009 Filing 239 Motion to Set Disposition Proceedures. Oral Argument requested. Filed by Sunwest Management, Inc.. (Yates, Greg)
April 24, 2009 Filing 238 Declaration of A. Kenneth Hennesay, Jr. In Support Of Application For Approval Of Receiver's Employment Of General Receivership Counsel, Interim Local Counsel, And Accountants. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #227 .) (Hennesay, A.)
April 24, 2009 Filing 237 Certificate of Service by Michael Grassmueck of Motion Application For Approval of Receiver's Employment of General Receivership Counsel, Interim Local Counsel, And Accountants #227 Filed by Michael Grassmueck. (Hennesay, A.)
April 24, 2009 Filing 236 First Status Report of Chief Restructuring Officer by Clyde A. Hamstreet & Associates, LLC. Filed by Clyde A. Hamstreet & Associates, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Kennedy, Albert)
April 24, 2009 Opinion or Order Filing 235 Order Davis Wright Tremaine LLP's Motion for Clarification Regarding Receivership #199 .. Oral Argument is set for 4/28/2009 at 10:15AM in Eugene before U.S. District Judge Michael R. Hogan. (sln)
April 24, 2009 Filing 234 Declaration of Stephen S. Walters in Support of Response to Motion for Clarification. Filed by Michael Grassmueck. (Related document(s): Response to Motion #233 .) (Osias, David)
April 24, 2009 Filing 233 Response to Motion for Clarification Regarding Receivership #199 . Filed by Michael Grassmueck. (Osias, David)
April 24, 2009 Filing 232 Notice of Filing of Billing Statements of Tonkon Torp LLP.Filed by Clyde A. Hamstreet & Associates, LLC. (Kennedy, Albert)
April 24, 2009 Opinion or Order Filing 231 ORDER: 422 TIC Investor-Owners' Motion to Intervene #213 is granted without prejudice to named parties reserving the right to object in the future. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 24, 2009 Opinion or Order Filing 230 ORDER: Granting Unsecured Creditors Committee, Tenants in Common Committee Motion to Withdraw #218 motion to stay. Order Unsecured Creditors Committee, Tenants in Common Committee Motion for Stay #167 is denied as moot. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 24, 2009 Filing 229 Notice of Filing of Billing Statements.Filed by Sunwest Management, Inc.. (Attachments: #1 Exhibit Clyde A. Hamstreet & Associates LLC, #2 Exhibit Alvarez & Marsal, #3 Exhibit Greene & Markley. P.C., #4 Exhibit Steptoe & Johnson LLP, #5 Exhibit Management Committee, #6 Exhibit Grove, Mueller & Swank, P.C.) (Yates, Greg)
April 24, 2009 Filing 228 Declaration of David Wade In Support of Paplication for Approval of Receiver's Employment of Counsel. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous #227 .) (Wade, David)
April 24, 2009 Filing 227 Motion Application For Approval of Receiver's Employment of General Receivership Counsel, Interim Local Counsel, And Accountants. Filed by Michael Grassmueck. (Hennesay, A.)
April 24, 2009 Opinion or Order Filing 226 Scheduling Order - CMP Holding's Motion #221 for Relief from March 10, 2009 Order Granting Preliminary Injunction and Appointing Receiver - Oral Argument is set for 4/28/2009 at 10:15AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
April 24, 2009 Filing 225 Motion of CRO to Employ Professionals. Filed by Sunwest Management, Inc.. (Yates, Greg)
April 23, 2009 Filing 224 Notice of Attorney Substitution: in place of Attorney David Wade.Filed by Michael Grassmueck. (Larkins, William)
April 23, 2009 Filing 223 Declaration of Mark R. Wada in Support of CMP Holdings, LLC's Motion for Relief from March 10, 2009 Order Granting Preliminary Injunction and Appointing Receiver. Filed by CMP Holdings, LLC. (Related document(s): Motion - Miscellaneous #221 .) (Schleicher, Tara)
April 23, 2009 Filing 222 Memorandum in Support of CMP Holdings, LLC's Motion for Relief from March 10, 2009 Order Granting Preliminary Injunction and Appointing Receiver. Filed by CMP Holdings, LLC. (Related document(s): Motion - Miscellaneous #221 .) (Schleicher, Tara)
April 23, 2009 Filing 221 Motion for Relief from March 10, 2009 Order Granting Preliminary Injunction and Appointing Receiver. Oral Argument requested. Filed by CMP Holdings, LLC. (Schleicher, Tara)
April 23, 2009 Filing 220 Certificate of Service by Unsecured Creditors Committee, Tenants in Common Committee of Motion to Withdraw Motion by TIC Committee and Unsecured Creditros' Committee For Stay of All pending Hearings and Actions Motion for Stay #167 #218 Filed by Unsecured Creditors Committee, Tenants in Common Committee. (Carey, Diana)
April 23, 2009 Filing 219 Notice of Association of Attorney Application for Special Admission - Pro Hac Vice for Lee S. Attanasio.Filed by Certain Coordinating Lenders. (Criswell, David)
April 23, 2009 Filing 218 Motion to Withdraw Motion by TIC Committee and Unsecured Creditros' Committee For Stay of All pending Hearings and Actions Motion for Stay #167 . Filed by Unsecured Creditors Committee, Tenants in Common Committee. (Carey, Diana)
April 23, 2009 Filing 217 Declaration of Dirk Stangier in Support of Application to Intervene. Filed by Kuebler Land Investors, LLC. (Related document(s): Motion to intervene #216 .) (Hoyt, Mark)
April 23, 2009 Filing 216 Motion to Intervene for Modification of Order Granting Prelminary Injunction and Appointing Receiver. Filed by Kuebler Land Investors, LLC. (Hoyt, Mark)
April 22, 2009 Filing 215 Response in Opposition and Response to Order to Show Cause to Motion for Stay of All Pending Hearings and Actions #167 . Filed by 422 TIC Investor-Owners. (Jacoby, Kevin)
April 22, 2009 Filing 214 Memorandum in Support of Motion to Intervene. Filed by 422 TIC Investor-Owners. (Related document(s): Motion to intervene #213 .) (Jacoby, Kevin)
April 22, 2009 Filing 213 Motion to Intervene. Filed by 422 TIC Investor-Owners. (Attachments: #1 Exhibit A) (Jacoby, Kevin)
April 22, 2009 Filing 212 Memorandum in Support Defendant Jon M. Harder's Response to April 9, 2009, Order to Show Cause Re: Abatement of Proceedings. Filed by Jon M. Harder. (Related document(s): Scheduling,, 160 .) (Taylor, Laura)
April 22, 2009 Filing 211 Response to Order to Show Cause. Filed by Unsecured Creditors Committee. (Elsaesser, Ford)
April 22, 2009 Filing 210 Motion for Leave to Appear Pro Hac Vice (Greg R. Yates). Filed by Sunwest Management, Inc.. (Foraker, David)
April 22, 2009 Filing 209 Certificate of Service by North Cascade National Bank, Charter Bank of Response to Motion #207 , Response to Motion #206 and Response to OSC and Motion #208 Filed by North Cascade National Bank, Charter Bank. (Cushing, Douglas)
April 22, 2009 Filing 208 Response to Order to Show Cause and Motion Stay All Pending Hearings and Actions (docket #167). Filed by North Cascade National Bank, Charter Bank. (Cushing, Douglas)
April 22, 2009 Filing 207 Response to Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings #162 Oral Argument requested. Filed by Charter Bank. (Cushing, Douglas)
April 22, 2009 Filing 206 Response to Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings #162 . Filed by North Cascade National Bank. (Cushing, Douglas)
April 22, 2009 Filing 205 Notice of Appearance of Richard T. Anderson, Jr appearing on behalf of Washington Trust Bank.Filed by on behalf of Washington Trust Bank. (Anderson, Richard)
April 22, 2009 Filing 204 Response in Opposition to Motion for Stay of All Pending Hearings and Actions #167 . Filed by First State Bank of Kansas City, Kansas. (Walker, Laura)
April 22, 2009 Filing 203 Motion for Limited Admission - Pro Hac Vice (Weiting Hsu). Filed by NRF CAPITAL, LP and NRCF WA HOLDINGS II, LLC. (Caplan, Barry) Modified on 5/7/2009 filing fee in the amount $100 paid receipt 600004280 (sln).
April 21, 2009 Filing 202 Response in Opposition Receiver's Response to Motion for Relief from Stay (Expedited Hearing Requested) #164 . Filed by Michael Grassmueck. (Hennesay, A.)
April 21, 2009 Filing 201 Response in Opposition to Motion for Stay of All Pending Hearings and Actions #167 Oral Argument requested. Filed by Certain Coordinating Lenders. (Summers, Brad)
April 21, 2009 Filing 200 Declaration of Joseph C. Arellano. Filed by Davis Wright Tremaine LLP. (Related document(s): Motion for Clarification #199 .) (Keppler, Daniel)
April 21, 2009 Filing 199 Motion for Clarification Regarding Receivership. Filed by Davis Wright Tremaine LLP. (Keppler, Daniel)
April 21, 2009 Filing 198 Notice of Appearance of John Richard Potter appearing on behalf of Riverview Community Bank.Filed by on behalf of Riverview Community Bank. (Potter, John)
April 21, 2009 Filing 197 Response in Opposition to Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings #162 . Filed by Tutera Investments, LLC. (Walker, Laura)
April 21, 2009 Filing 196 Response in Opposition to Motion for Stay of All Pending Hearings and Actions #167 . Filed by Tutera Investments, LLC. (Walker, Laura)
April 20, 2009 Filing 195 Declaration of David W. Criswell in Support of Response to Motion by TIC Committee and Unsecured Creditors Committee for Designation of Mediator for All Proceedings. Filed by Columbia Pacific SW/CS, LLC as successor by assignment to Column Financial, Inc.. (Related document(s): Response to Motion #194 , Motion - Miscellaneous #162 .) (Criswell, David)
April 20, 2009 Filing 194 Response to Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings #162 . Filed by Columbia Pacific SW/CS, LLC as successor by assignment to Column Financial, Inc.. (Criswell, David)
April 20, 2009 Filing 193 Declaration of David W. Criswell in Support of Response to Motion by TIC Committee and Unsecured Creditors Committee for Designation of Mediator for All Proceedings. Filed by Certain Coordinating Lenders. (Related document(s): Response to Motion #192 , Motion - Miscellaneous #162 .) (Criswell, David)
April 20, 2009 Filing 192 Response to Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings #162 . Filed by Certain Coordinating Lenders. (Criswell, David)
April 20, 2009 Filing 191 Response in Opposition to Motions for Stay and Abatement and Request to Schedule Briefing and Hearing to Motion for Stay of All Pending Hearings and Actions #167 . Filed by 138 TIC Owner-Interveners. (Grenley, Gary)
April 20, 2009 Opinion or Order Filing 190 ORDER: The Secured Lenders' objections #95 to Magistrate Judge Coffin's Order are long on speculation and short on actual evidence of bias. Accordingly, I decline to vacate Magistrate Judge Coffin's Order denying the Secured Lenders' Motion for Recusal. The request for oral argument is denied as unnecessary, as quite enough time and money have been spent on this issue. Signed on 4/17/09 by Chief Judge Ann L. Aiken. (lae)
April 17, 2009 Filing 189 Response in Opposition Receiver's Response To North Cascade National Bank's Motion For Order Granting Relief From Preliminary Injunction to Motion for Order Granting Relief from Preliminary Injunction #148 . Filed by Michael Grassmueck. (Hennesay, A.)
April 17, 2009 Filing 187 Declaration of Laura J. Walker in Support of Motion for Expedited Hearing. Filed by The Palmetto Bank. (Related document(s): Motion to Expedite #186 .) (Walker, Laura)
April 17, 2009 Filing 186 Motion to Expedite or Accelerate Hearing on Motion for Adequate Protection and Relief from Preliminary Injunction. Filed by The Palmetto Bank. (Walker, Laura)
April 16, 2009 Opinion or Order Filing 188 Order Granting Application for Special Admission Pro Hac Vice of Andrew D. Hart for Certain Coordinating Lenders. Application Fee in amount of $100.00 collected. Receipt No. 600004253 issued. Signed on 4/15/09 by U.S. District Judge Michael R. Hogan. (sln)
April 16, 2009 Filing 185 Declaration of John R. Hanson in Support of Motion for Adequate Protection and Relief from Preliminary Injunction. Filed by The Palmetto Bank. (Related document(s): Motion - Miscellaneous #182 .) (Walker, Laura)
April 16, 2009 Filing 184 Declaration of Michael D. Rhodes in Support of Motion for Adequate Protection and Relief from Preliminary Injunction. Filed by The Palmetto Bank. (Related document(s): Motion - Miscellaneous #182 .) (Walker, Laura)
April 16, 2009 Filing 183 Memorandum in Support Motion for Adequate Protection and Relief from Preliminary Injunction. Filed by The Palmetto Bank. (Related document(s): Motion - Miscellaneous #182 .) (Walker, Laura)
April 16, 2009 Filing 182 Motion For Adequate Protection and Relief from Preliminary Injunction. Oral Argument requested. Filed by The Palmetto Bank. (Walker, Laura)
April 16, 2009 Filing 181 Declaration of Laura J. Walker. Filed by The Palmetto Bank. (Related document(s): Response in Opposition to Motion #180 .) (Walker, Laura)
April 16, 2009 Filing 180 Response in Opposition to Motion for Stay of All Pending Hearings and Actions #167 . Filed by The Palmetto Bank. (Walker, Laura)
April 16, 2009 Filing 179 Notice of Appearance.Filed by J. Wallace Gutzler. (Hines, Stephanie)
April 15, 2009 Filing 178 Notice of Objection Filed in Case No. 09-6074-HO.Filed by Securities and Exchange Commission. (Liftik, Michael)
April 14, 2009 Filing 177 Reply to Jon M. Harder and Kristin Harder's Opposition. Filed by First Federal Savings and Loan Association of McMinnville. (Related document(s): Memorandum in Opposition #142 .) (Albert, John)
April 14, 2009 Filing 176 Reply to Receiver Response. Filed by First Federal Savings and Loan Association of McMinnville. (Related document(s): Response in Opposition to Motion #137 .) (Albert, John)
April 14, 2009 Filing 175 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Attachments: #1 Certificate of Service) (Rosenhouse, Daniel)
April 13, 2009 Filing 174 Notice of Association of Attorney Application for Special Admission - Pro Hac Vice for Andrew D. Hart.Filed by Certain Coordinating Lenders. (Taylor, Robert)
April 13, 2009 Filing 173 Response to CMP Holding's, LLC's Motion to intervene and for relief from March 10, 2009 Order. Filed by Michael Grassmueck. (Wade, David)
April 13, 2009 Opinion or Order Filing 172 Order PA Arbrook LLC's Motion to Correct Docket No. 53 and to Set Motion for Relief for Hearing on April 28, 2009 (Supplementing Docket No. 53) #170 and Equityline Financial Group, Inc's Motion for Relief from Stay #164 are set for Oral Argument on 4/28/2009 at 10:15AM in Eugene before U.S. District Judge Michael R. Hogan. (sln)
April 13, 2009 Opinion or Order Filing 171 Scheduling Order - Status Conference regarding all scheduling issues in this case and In Re: Harder is set for 4/28/2009 at 10:15AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
April 13, 2009 Filing 170 Motion to Correct Docket No. 53 and to Set Motion for Relief for Hearing on April 28, 2009 (Supplementing Docket No. 53). Oral Argument requested. Filed by PA Arbrook LLC. (Caplan, Barry)
April 13, 2009 Filing 169 Record of Order - All pending deadlines for bankruptcy case 08-37225, including deadlines for adversary proceedings 08-ap-3265 and 09-ap-3113, are stayed to be rescheduled if necessary following a decision on abatement. Ordered by U.S. District Judge Michael R. Hogan. (lf)
April 10, 2009 Opinion or Order Filing 168 Order - Robert Price's amended motion for order appointing assignee for debtor's interest and prohibiting debtor's management of Smart Park PH1, LLC (#212 in 08-37225) is denied on the record as it exists at this time. Additionally, Price's motion for an order appointing assignee for debtor's interest in Fairway Group I Ownership, LLC and prohibiting debtor's management of Fairway Group I, LLC (#294 in 08-37225) is denied as premature among other basis. Independent Mortgage Company's motion for relief from the stay (#394 in 08-37225) and Washington Trust Bank's motion for relief from stay (#424 in 08-37225) are denied. Moreover, the motions for relief from stay filed by Creditors Holding Proof of Claims 4-5 and 7-25 (#437 in 08-37225) and Chevy Chase Bank, F.S.B. (#483 in 08-37225) are denied at this time. The hearings currently set before the bankruptcy court regarding the United States Trustee's motions to dismiss (#408 in 08-37225) and for appointment of trustee (#175 in 08-37225) as well as the case management and scheduling conference set for April 17, 2009, are vacated at this time to be reset following the hearing on the issue of abatement on April 28, 2009. All other hearings currently set in the bankruptcy case will be rescheduled as necessary following the decision on abatement. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 10, 2009 Filing 167 Motion for Stay of All Pending Hearings and Actions. Filed by Unsecured Creditors Committee, Tenants in Common Committee. (Attachments: #1 Attachment Proof of Service) (MacLean, Merrilee)
April 10, 2009 Filing 166 Memorandum in Support of Motion for Relief from Stay. Filed by Equityline Financial Group, Inc.. (Related document(s): Motion - Miscellaneous #164 .) (Bricken, Kathleen)
April 10, 2009 Filing 165 Declaration of Kathleen C. Bricken In Support of Motion for Relief from Stay. Filed by Equityline Financial Group, Inc.. (Related document(s): Motion - Miscellaneous #164 .) (Attachments: #1 Exhibit 1) (Bricken, Kathleen)
April 10, 2009 Filing 164 Motion for Relief from Stay (Expedited Hearing Requested). Oral Argument requested. Filed by Equityline Financial Group, Inc.. (Bricken, Kathleen)
April 9, 2009 Filing 163 Certificate of Service by Unsecured Creditors Committee, Tenants in Common Committee of Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings #162 Filed by Unsecured Creditors Committee, Tenants in Common Committee. (MacLean, Merrilee)
April 9, 2009 Filing 162 Motion by TIC Committee and Unsecured Creditors' Committee for Designation of Mediator for All Proceedings. Filed by Unsecured Creditors Committee, Tenants in Common Committee. (MacLean, Merrilee)
April 9, 2009 Filing 161 Reply to Objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 under 28 U.S.C. 144 and Memorandum of Law in Support Thereof. Filed by Certain Coordinating Lenders. (Related document(s): Objection, #95 .) (Criswell, David)
April 9, 2009 Filing 160 Record of Order - All interested parties are required to show cause in writing by 4/22/09 why the bankruptcy proceeding, 08-37225-tmb11, withdrawn to this case, should not be abated pursuant to 11 U.S.C. 305(a). A hearing on this issue is set for 4/28/09 at 10:15AM in Eugene before Judge Hogan. First Federal Savings and Loan Association of McMinnville's Motion #98 for Modification of Order Granting Preliminary Injunction and Appointing Receiver and North Cascade National Bank's Motion #148 for Order Granting Relief from Preliminary Injunction - Oral Argument is set for 4/28/2009 at 10:15AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (lf)
April 9, 2009 Filing 159 Transcript of Proceedings held on 4/6/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm.. (sln) (Main Document 159 replaced on 12/22/2011) (sln).
April 8, 2009 Opinion or Order Filing 158 ORDER: Granting Currens' Moses Lake, LLC, Currens' Parkway Village, LLC, Davis' Moses Lake, LLC, Dicarlo's Parkway Village, LLC, Doubrava's Sequim, LLC, Doyle's Gardens, LLC, Earp-Thomas' Gardens, LLC, Eclevia's Moses Lake, LLC, Eugene Gascho's Poulsbo, LLC, Eva's Parkway Village, LLC, F. Smith's Gardens, LLC, Frederick's Parkway Village, LLC, George T. Travess, Gilbert's Gardens, LLC, H. Gettman's Gardens, LLC, Hawley's Sequim, LLC, Hayes Gardens, LLC, Hughes' Moses Lake, LLC, Hughes' Poulsbo, LLC, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A 10/24/86, Jeff Earp-Thomas' Gardens, LLC, Judith Gascho's Poulsbo, LLC, Kirby's Moses Lake, LLC, Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995, Madsen's Moses Lake, LLC, Marcia Byers' Poulsbo, LLC, Martin's Parkway Village, LLC, Mary M. Travess, May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996, Murphy's Moses Lake, LLC, Parmenter's Garden's, LLC, Patterson's Parkway Village, LLC, Phillips' Parkway Village, LLC, Rachel Byers' Poulsbo, LLC, Rini Wectawski, LLC, Robbins' Parkway Village, LLC, Rodney Byers' Poulsbo, LLC, Seely's Sea View, LLC, Smith's Eldorado Heights, LLC, Smith's King's Manor, LLC, Smith's Moses Lake, LLC, Smith's Parkway Village, LLC, Smith's Sequim, LLC, T and M's Gardens, LLC, T. Gettman's Gardens, LLC, Tappe's Poulsbo, LLC, Walker's Sequim, LLC, Walter's Moses Lake, LLC, Whitesell's Gardens, LLC, Whitesell's Parkway Village, LLC, Wielde's Moses Lake, LLC, Wielde's Sequim, LLC, Willis Byers' Poulsbo, LLC, Willoughby's Parkway Village, LLC, Worner's Sequim, LLC, Zink's Sequim, LLC's Motion to Intervene #130 ; Granting CMP Holdings, LLC Motion to Intervene #131 to the extent that any other reliefs sought in motion need to be refiled as a separate motion; Granting Salem Investors' Motion to Intervene #139 ; Intervention is granted without prejudice to named parties reserving the right to object in the future. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 8, 2009 Opinion or Order Filing 157 ORDER: Granting Motion for Joinder to Certain Secured Lenders' Objection to Receiver's Application for Approval Rights and Powers of CRO and Management Committee #118 Filed by PA Arbrook LLC Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 8, 2009 Opinion or Order Filing 156 Order - the court has issued on Order docket entry number 490 in the Jon Harder case Cv 09-6074-HO granting the motion to withdraw reference. Ordered by U.S. District Judge Michael R. Hogan. (sln)
April 7, 2009 Filing 155 Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal - Preliminary Injunction #109 . (sln)
April 7, 2009 Opinion or Order Filing 154 Order Granting Application for Special Admission Pro Hac Vice of Hannah L. Blumenstiel for General Electric Capital Corporation and GE Business Financial Services, Inc. Application Fee in amount of $100 collected. Receipt No. 600004223 issued. Signed on 4/7/09 by U.S. District Judge Michael R. Hogan. (sln)
April 7, 2009 Filing 151 Supplemental Response to Objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 Under 28 U.S.C. Section 144. Filed by Jon M. Harder. (English, Stephen)
April 6, 2009 Opinion or Order Filing 153 Order Granting Application for Special Admission Pro Hac Vice of Peter D. Bilowz for PA Arbrook LLC. Signed on 4/4/09 by U.S. District Judge Michael R. Hogan. (sln)
April 6, 2009 Opinion or Order Filing 152 Order Granting Application for Special Admission Pro Hac Vice of Douglas B. Rosner for PA Arbrook LLC. Signed on 4/4/09 by U.S. District Judge Michael R. Hogan. (sln)
April 6, 2009 Filing 150 MINUTES of Proceedings: Status Hearing and Motions Hearing Held regarding Grassmueck's Motion #89 for Approval of Rights & Powers of CRO & Management Committee, Hawthorne Gardens Proposed Order #81 regarding Motion #28 to Intervene - MOTIONS TAKEN UNDER ADVISEMENT as of 4/6/2009. Ordered - Counsel to submit Status Reports within one week in this case and all 27 cases from the Bankruptcy Court which are listed as District Court case numbers: 09-6074-HO, 09-6082-HO, 09-6083-HO, 09-6084-HO, 09-6085-HO, 09-6086-HO, 09-6087-HO, and 09-6088-HO. Mark Fickes present as counsel for plaintiff. Greg Yates, Milo Petranovich, Stephen English, Laura Taylor, George Kalikman, Kevin Coleman, Robert Vanden Bos, Diana Carey, Merrilee MacLean, Ford Elsaesser, Brent Summers, Paul Connolly, John Albert, Laura Walker, Michael Esler, Jeanette Thomas, David Wade, David Zaro, present as counsel for certain parties. Receiver, Michael Grassmueck also present. Brad Summers, David Criswell, Barry Caplan, Scott Whipple, Pam Griffith, Scott Palmer, Christopher Carson, Gary Kahn, Tara Schleicher. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document(s): Motion - #89 and proposed order #81.) (lf)
April 6, 2009 Filing 149 Declaration of Scott C. Anderson in Support of North Cascade National Bank's Motion for Relief from Preliminary Injunction. Filed by North Cascade National Bank. (Related document(s): Motion - Miscellaneous #148 .) (Cushing, Douglas)
April 6, 2009 Filing 148 Motion for Order Granting Relief from Preliminary Injunction. Filed by North Cascade National Bank. (Cushing, Douglas)
April 6, 2009 Opinion or Order Filing 147 Order granting Joint Motion to Intervene by Hawthorne Gardens TIC Investors and Capital Pacific Bank; Intervenors' motion for Order permitting Intervenors to conclude their settlement with Portland Senior Living, LLC, the DIP in Bankruptcy Case No. 08-36630 and Motion for clarification of Judge Hogan's order dated 3/3/09 #28 . Signed on 4/6/09 by U.S. District Judge Michael R. Hogan. (sln)
April 6, 2009 Opinion or Order Filing 146 Order - The Motion to assign objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 under 28 U.S.C. 144 to a Judge other than the Honorable Michael R. Hogan #93 is GRANTED. The Honorable Ann Aiken will rule on the Objections to the Magistrate Judge Coffin's Order. Signed on 4/6/09 by Judge Garr M. King. (mja)
April 3, 2009 Filing 145 Declaration of B. Scott Whipple in Opposition to Application for Approval of Rights and Powers of Cro and Management Committee. Filed by Salem Investors, a California General Partnership. (Related document(s): Memorandum in Opposition #141 .) (Whipple, B.)
April 3, 2009 Filing 144 Declaration of Edward R. Pierce in Opposition to Application for Approval of Rights and Powers of Cro and Management Committee. Filed by Salem Investors, a California General Partnership. (Related document(s): Memorandum in Opposition #141 .) (Whipple, B.)
April 3, 2009 Filing 143 Declaration of Laura Caldera Taylor. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Memorandum in Opposition #142 .) (Attachments: #1 Exhibit A) (Taylor, Laura)
April 3, 2009 Filing 142 Memorandum in Opposition to Motion for Modification of Order Granting Preliminary Injunction and Appointing Receiver #98 . Filed by Jon M. Harder, Kristin Harder. (Taylor, Laura)
April 3, 2009 Filing 141 Memorandum in Opposition to Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 . Filed by Salem Investors, a California General Partnership. (Whipple, B.)
April 3, 2009 Filing 140 Memorandum in Support of Motion to Intervene by Salem Investors. Filed by Salem Investors, a California General Partnership. (Related document(s): Motion to intervene #139 .) (Whipple, B.)
April 3, 2009 Filing 139 Motion to Intervene. Filed by Salem Investors, a California General Partnership. (Whipple, B.)
April 3, 2009 Filing 138 Request For Hearing On Its Motion For Relief From The Preliminary Injunction. Filed by PA Arbrook LLC. (Caplan, Barry) Modified on 4/6/2009 to create link to #53 (sln).
April 3, 2009 Filing 137 Response in Opposition Receiver's Response to Motion for Modification of Order Granting Preliminary Injunction and Appointing Receiver #98 . Filed by Michael Grassmueck. (Hennesay, A.)
April 2, 2009 Filing 136 Reply Of Michael Grassmueck, Receiver To Certain Secured Lenders' Objection to Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 . Filed by Michael Grassmueck. (Hennesay, A.)
April 2, 2009 Filing 135 Reply to Certain Secured Lenders' Objection to Receiver's Application for Approval of Rights and Powers of CRO and Management Committee to Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 . Filed by Clyde A. Hamstreet & Associates, LLC. (Kennedy, Albert)
April 2, 2009 Filing 134 Declaration of Gary Kahn In Support of Motion to Intervene. Filed by Currens' Moses Lake, LLC, Davis' Moses Lake, LLC, Eclevia's Moses Lake, LLC, Hughes' Moses Lake, LLC, Kirby's Moses Lake, LLC, Madsen's Moses Lake, LLC, Murphy's Moses Lake, LLC, Smith's Moses Lake, LLC, Walter's Moses Lake, LLC, Wielde's Moses Lake, LLC, Patterson's Parkway Village, LLC, Phillips' Parkway Village, LLC, Frederick's Parkway Village, LLC, Dicarlo's Parkway Village, LLC, Martin's Parkway Village, LLC, Currens' Parkway Village, LLC, Robbins' Parkway Village, LLC, Smith's Parkway Village, LLC, Whitesell's Parkway Village, LLC, Willoughby's Parkway Village, LLC, Eva's Parkway Village, LLC, Smith's Eldorado Heights, LLC, Rini Wectawski, LLC, Hayes Gardens, LLC, F. Smith's Gardens, LLC, Doyle's Gardens, LLC, Earp-Thomas' Gardens, LLC, Gilbert's Gardens, LLC, H. Gettman's Gardens, LLC, Jeff Earp-Thomas' Gardens, LLC, Parmenter's Garden's, LLC, T and M's Gardens, LLC, T. Gettman's Gardens, LLC, Whitesell's Gardens, LLC, Eugene Gascho's Poulsbo, LLC, Rodney Byers' Poulsbo, LLC, Marcia Byers' Poulsbo, LLC, Willis Byers' Poulsbo, LLC, Rachel Byers' Poulsbo, LLC, Judith Gascho's Poulsbo, LLC, Hughes' Poulsbo, LLC, Tappe's Poulsbo, LLC, Worner's Sequim, LLC, Doubrava's Sequim, LLC, Seely's Sea View, LLC, Hawley's Sequim, LLC, Wielde's Sequim, LLC, Smith's Sequim, LLC, Walker's Sequim, LLC, Zink's Sequim, LLC, May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996, Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A 10/24/86, Mary M. Travess, George T. Travess, Smith's King's Manor, LLC. (Related document(s): Motion to intervene,,,,,,,, #130 , Memorandum in Support of Motion,,,,,,,, #133 .) (Kahn, Gary)
April 2, 2009 Filing 133 Memorandum in Support of Motion to Intervene. Filed by Currens' Moses Lake, LLC, Davis' Moses Lake, LLC, Eclevia's Moses Lake, LLC, Hughes' Moses Lake, LLC, Kirby's Moses Lake, LLC, Madsen's Moses Lake, LLC, Murphy's Moses Lake, LLC, Smith's Moses Lake, LLC, Walter's Moses Lake, LLC, Wielde's Moses Lake, LLC, Patterson's Parkway Village, LLC, Phillips' Parkway Village, LLC, Frederick's Parkway Village, LLC, Dicarlo's Parkway Village, LLC, Martin's Parkway Village, LLC, Currens' Parkway Village, LLC, Robbins' Parkway Village, LLC, Smith's Parkway Village, LLC, Whitesell's Parkway Village, LLC, Willoughby's Parkway Village, LLC, Eva's Parkway Village, LLC, Smith's Eldorado Heights, LLC, Rini Wectawski, LLC, Hayes Gardens, LLC, F. Smith's Gardens, LLC, Doyle's Gardens, LLC, Earp-Thomas' Gardens, LLC, Gilbert's Gardens, LLC, H. Gettman's Gardens, LLC, Jeff Earp-Thomas' Gardens, LLC, Parmenter's Garden's, LLC, T and M's Gardens, LLC, T. Gettman's Gardens, LLC, Whitesell's Gardens, LLC, Eugene Gascho's Poulsbo, LLC, Rodney Byers' Poulsbo, LLC, Marcia Byers' Poulsbo, LLC, Willis Byers' Poulsbo, LLC, Rachel Byers' Poulsbo, LLC, Judith Gascho's Poulsbo, LLC, Hughes' Poulsbo, LLC, Tappe's Poulsbo, LLC, Worner's Sequim, LLC, Doubrava's Sequim, LLC, Seely's Sea View, LLC, Wielde's Sequim, LLC, Smith's Sequim, LLC, Walker's Sequim, LLC, Zink's Sequim, LLC, May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996, Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A 10/24/86, Mary M. Travess, George T. Travess, Smith's King's Manor, LLC. (Related document(s): Motion to intervene,,,,,,,, #130 .) (Kahn, Gary)
April 2, 2009 Filing 132 Memorandum in Support. Filed by CMP Holdings, LLC. (Related document(s): Motion to intervene #131 .) (Schleicher, Tara)
April 2, 2009 Filing 131 Motion to Intervene and For Relief from March 10, 2009 Order Granting Preliminary Injunction and Appointing Receiver. Filed by CMP Holdings, LLC. (Schleicher, Tara)
April 2, 2009 Filing 130 Motion to Intervene. Oral Argument requested. Filed by Currens' Moses Lake, LLC, Davis' Moses Lake, LLC, Eclevia's Moses Lake, LLC, Hughes' Moses Lake, LLC, Kirby's Moses Lake, LLC, Madsen's Moses Lake, LLC, Murphy's Moses Lake, LLC, Smith's Moses Lake, LLC, Walter's Moses Lake, LLC, Wielde's Moses Lake, LLC, Patterson's Parkway Village, LLC, Phillips' Parkway Village, LLC, Frederick's Parkway Village, LLC, Dicarlo's Parkway Village, LLC, Martin's Parkway Village, LLC, Currens' Parkway Village, LLC, Robbins' Parkway Village, LLC, Smith's Parkway Village, LLC, Whitesell's Parkway Village, LLC, Willoughby's Parkway Village, LLC, Eva's Parkway Village, LLC, Smith's Eldorado Heights, LLC, Rini Wectawski, LLC, Hayes Gardens, LLC, F. Smith's Gardens, LLC, Doyle's Gardens, LLC, Earp-Thomas' Gardens, LLC, Gilbert's Gardens, LLC, H. Gettman's Gardens, LLC, Jeff Earp-Thomas' Gardens, LLC, Parmenter's Garden's, LLC, T and M's Gardens, LLC, T. Gettman's Gardens, LLC, Whitesell's Gardens, LLC, Eugene Gascho's Poulsbo, LLC, Rodney Byers' Poulsbo, LLC, Marcia Byers' Poulsbo, LLC, Willis Byers' Poulsbo, LLC, Rachel Byers' Poulsbo, LLC, Judith Gascho's Poulsbo, LLC, Hughes' Poulsbo, LLC, Tappe's Poulsbo, LLC, Worner's Sequim, LLC, Doubrava's Sequim, LLC, Seely's Sea View, LLC, Hawley's Sequim, LLC, Wielde's Sequim, LLC, Smith's Sequim, LLC, Walker's Sequim, LLC, Zink's Sequim, LLC, May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996, Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A 10/24/86, Mary M. Travess, George T. Travess, Smith's King's Manor, LLC. (Kahn, Gary)
April 2, 2009 Filing 129 Certificate of Service by Tenants in Common Committee of Declaration, #128 of William Bryan (Supplemental) Filed by Tenants in Common Committee. (Carey, Diana)
April 2, 2009 Filing 128 Supplemental Declaration of William M. Bryan in Support of Receiver's Application for Approval of Rights and Powers of CRO and Management Committee. Filed by Tenants in Common Committee. (Related document(s): Motion - Miscellaneous #89 .) (Carey, Diana)
April 2, 2009 Filing 127 Response to Objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 Under 28 USC Sec. 144. Filed by Jon M. Harder. (Related document(s): Objection, #95 .) (English, Stephen)
April 2, 2009 Filing 126 Motion for Limited Admission - Pro Hac Vice (Peter D. Bilowz). Filed by PA Arbrook LLC. (Caplan, Barry)
April 2, 2009 Filing 125 Motion for Limited Admission - Pro Hac Vice (Douglas B. Rosner). Filed by PA Arbrook LLC. (Caplan, Barry)
April 2, 2009 Filing 124 Certificate of Service by Unsecured Creditors Committee, Tenants in Common Committee of Reply, #122 Regarding Management Committee's Reply in Opposition to Secured Lenders' Objection to Receiver's Application for Approval of Rights and Powers of CRO and Management Committee Filed by Unsecured Creditors Committee, Tenants in Common Committee. (Carey, Diana)
April 1, 2009 Filing 123 Response Receiver's to Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 . Filed by Jon M. Harder, Kristin Harder. (English, Stephen)
April 1, 2009 Filing 122 Reply by Management Committee in Opposition to Secured Lenders' Objection to Receiver's Application for Approval of Rights and Powers of CRO and Management Committee. Filed by Unsecured Creditors Committee, Tenants in Common Committee. (Related document(s): Motion - Miscellaneous #89 , Response in Opposition to Motion #115 .) (Carey, Diana)
April 1, 2009 Filing 121 Declaration of Jeanette L. Thomas in Support of Limited Objection to Receiver's Application for Approval of Rights and Powers of CRO and Management Committee. Filed by Federal National Mortgage Association. (Related document(s): Response in Opposition to Motion, #120 .) (Thomas, Jeanette) Modified on 4/2/2009 to create link to motion #89 (sln).
April 1, 2009 Filing 120 Response in Opposition To Receiver's Application for Rights and Powers of CRO and Management Committee (Limited) to Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 Oral Argument requested. Filed by Federal National Mortgage Association. (Thomas, Jeanette)
April 1, 2009 Filing 119 Copy of Order from USCA for the 9th Circuit re Notice of Appeal - Preliminary Injuction #109 setting briefing schedule. (sln)
April 1, 2009 Filing 118 Motion for Joinder to Certain Secured Lenders' Objection to Receiver's Application for Approval Rights and Powers of CRO and Management Committee. Filed by PA Arbrook LLC. (Caplan, Barry)
April 1, 2009 Filing 117 Transcript Designation and Order Form for the hearing held on 3/2/09; 3/10/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. regarding Notice of Appeal - Preliminary Injuction #109 . Filed by Certain Coordinating Lenders. (Mapes, Kevin)
April 1, 2009 Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction #109 Case Appealed to Ninth Circuit Case Number 09-35250 assigned. (sln)
March 31, 2009 Filing 116 Notice of Regulatory Action by Oregon Department of Human Services.Filed by State of Oregon Department of Human Services. (Rosenhouse, Daniel)
March 30, 2009 Filing 115 Response in Opposition to Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 Oral Argument requested. Filed by Certain Coordinating Lenders. (Summers, Brad)
March 27, 2009 Filing 114 Response to Objection to Joint Motion to Permit Settlement. Filed by Hawthorne Gardens TIC. (Connolly, Paul)
March 27, 2009 Filing 113 Waiver of Service of Summons Returned Executed by Darryl E. Fisher waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
March 26, 2009 Opinion or Order Filing 112 Scheduling Order by U.S. District Judge Michael R. Hogan setting status hearing and Receiver's Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service) #89 , Hawthorne Gardens TIC's Proposed Order #81 regarding motion #28 and Motion for withdrawal of Reference filed by Jon M. Harder in Miscellaneous case number 09-7011-HO for in person hearing on 4/6/2009 at 11:00AM in Eugene before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 26, 2009 Filing 111 Notification of Appeal from Notice of Appeal - Preliminary Injuction #109 sent to USCA for the 9th Circuit and counsel along with a copy of the docket sheet. (Attachments: #1 Docket Sheet) (sln)
March 26, 2009 USCA Appeal Fees re Notice of Appeal - Preliminary Injuction #109 : Received Fee in amount of $ 455. Receipt number 600004192 issued. (sln)
March 25, 2009 Filing 110 Representation Statement re Notice of Appeal - Preliminary Injuction #109 . Filed by Certain Coordinating Lenders on Appeal. (Summers, Brad)
March 25, 2009 Filing 109 Notice of Appeal to the 9th Circuit Joint Notice of Appeal - Preliminary Injunction Appeal. (Summers, Brad)
March 25, 2009 Filing 108 Certificate of Service by Tenants in Common Committee of Objection #102 to PA Arbrook LLC's Motion From Relief From TRO Filed by Tenants in Common Committee. (Carey, Diana)
March 23, 2009 Filing 107 Notice of Appearance of Christopher T. Carson appearing on behalf of Certain Coordinating Lenders to include Ventas Realty, Limited Partnership.Filed by on behalf of Certain Coordinating Lenders. (Carson, Christopher)
March 23, 2009 Filing 106 Declaration of Laura Caldera Taylor in Support of Opposition to PA Arbrook, LLC's Motion for Relief. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Memorandum in Support #105 .) (Attachments: #1 Exhibit A to Declaration of Laura Caldera Taylor in Support of Opposition to PA Arbrook, LLC's Motion for Relief) (Taylor, Laura)
March 23, 2009 Filing 105 Memorandum of Opposition to PA Arbrook, LLC's Motion for Relief. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Reply to Motion,, #53 .) (Taylor, Laura) Text Modified on 3/24/2009 (sln).
March 23, 2009 Filing 104 Declaration of Laura Caldera Taylor in Support of Opposition to First Federa Savings and Loan's Motion for Relief. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response in Opposition to Motion #103 .) (Attachments: #1 Exhibit A to Declaration of Laura Caldera Taylor) (Taylor, Laura)
March 23, 2009 Filing 103 Response in Opposition to Motion to Intervene ; motion for relief from Judge Hogan's order entered 3/3/09 #46 Oral Argument requested. Filed by Jon M. Harder, Kristin Harder. (Taylor, Laura)
March 23, 2009 Filing 102 Objection(s) by Tenants In Common Committee to PA Arbrook LLC's Motion From Relief From TRO. Filed by Tenants in Common Committee. (Related document(s): Reply to Motion,, #53 .) (Carey, Diana)
March 23, 2009 Filing 101 Waiver of Service of Summons Returned Executed by Kristin Harder waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
March 23, 2009 Filing 100 Waiver of Service of Summons Returned Executed by Jon M. Harder waiver sent on 3/17/2009. Filed by Securities and Exchange Commission. (Fickes, Mark)
March 23, 2009 Filing 99 Declaration of John Larsen in support. Filed by First Federal Savings and Loan Association of McMinnville. (Related document(s): Motion - Miscellaneous #98 .) (Tweet, Stephen)
March 23, 2009 Filing 98 Motion for Modification of Order Granting Preliminary Injunction and Appointing Receiver. Oral Argument requested. Filed by First Federal Savings and Loan Association of McMinnville. (Tweet, Stephen)
March 20, 2009 Filing 97 Response in Opposition to Joint Motion to Intervene and for further relief #28 . Filed by Jon M. Harder, Kristin Harder. (Taylor, Laura)
March 20, 2009 Filing 96 Declaration of David W. Criswell in Support of Objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 Under 28 U.S.C. 144. Filed by Certain Coordinating Lenders. (Related document(s): Objection, #95 .) (Attachments: #1 Exhibit Exh 1 pp 1-54, #2 Exhibit Exh 1 pp 55-108, #3 Exhibit Exh 1 pp 109-162, #4 Exhibit Exh 1 pp 163-216, #5 Exhibit Exh 1 pp 217-271, #6 Exhibit Exh 2, #7 Exhibit Exhs 3-4, #8 Exhibit Exh 5, #9 Exhibit Exhs 6-14) (Criswell, David)
March 20, 2009 Filing 95 Objection(s) to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 Under 28 U.S.C. 144 and Memorandum of Law in Support Thereof. Filed by Certain Coordinating Lenders. (Related document(s): Order on motion to recuse #61 .) (Criswell, David)
March 20, 2009 Filing 94 Memorandum in Support of Motion to Assign Objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 Under 28 U.S.C. 144 to a Judge Other Than the Honorable Michael R. Hogan. Filed by Certain Coordinating Lenders. (Related document(s): Motion - Miscellaneous #93 .) (Criswell, David)
March 20, 2009 Filing 93 Motion to Assign Objections to Magistrate Judge Thomas M. Coffin's Order of March 10, 2009 Under 28 U.S.C. 144 to a Judge Other Than the Honorable Michael R. Hogan. Filed by Certain Coordinating Lenders. (Criswell, David)
March 20, 2009 Fee in amount of $100.00 collected; Receipt No. 600004185 issued for Application for Special Admissions Pro Hac Vice for Jay Krystinik (sln)
March 19, 2009 Opinion or Order Filing 92 Order regarding Declaration,, #21 filed by Securities and Exchange Commission, Declaration,, #9 filed by Securities and Exchange Commission, Declaration, #8 filed by Securities and Exchange Commission for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly.Documents 8, 9 and 21 contained incomplete information. Document 8 modified to add the complete exhibit. Documents 9 and 21 modified to add a complete declaration to the docket entries. (sln)
March 18, 2009 Filing 91 Notice of Appearance of Steven K. Blackhurst, James M. Barrett and Robert J. Vanden Bos for Relief Defendant Darryl E. Fisher.Filed by Darryl E. Fisher. (Blackhurst, Steven)
March 18, 2009 Filing 90 Answer to Complaint. Filed by Clyde A. Hamstreet & Associates, LLC. (Foraker, David)
March 18, 2009 Filing 89 Motion /Application For Approval of Rights And Powers Of CRO And Management Committee (with Proof of Service). Filed by Michael Grassmueck. (Attachments: #1 Attachment Declaration of William M. Bryan) (Hennesay, A.)
March 18, 2009 Opinion or Order Filing 88 ORDER: Granting Wells Fargo Bank's Motion for Order Clarifying Preliminary Injunction Order #71 . Signed on 3/13/09 by U.S. District Judge Michael R. Hogan. (sln)
March 18, 2009 Opinion or Order Filing 87 Order Granting Application for Special Admission Pro Hac Vice of Diana K Carey for Tenants in Common Committee. Application Fee in amount of $100 collected. Receipt No. 600004158 issued. Signed on 3/13/09 by U.S. District Judge Michael R. Hogan. (sln)
March 18, 2009 Opinion or Order Filing 86 Order Granting Application for Special Admission Pro Hac Vice of David R. Zaro for Michael Grassmueck. Application Fee in amount of $100 collected. Receipt No. 600004161 issued. Signed on 3/13/09 by U.S. District Judge Michael R. Hogan. (sln)
March 18, 2009 Opinion or Order Filing 85 Order Granting Application for Special Admission Pro Hac Vice of A. Kenneth Hennesay, Jr for Michael Grassmueck. Application Fee in amount of $100.00 collected. Receipt No. 600004161 issued. Signed on 3/13/09 by U.S. District Judge Michael R. Hogan. (sln)
March 18, 2009 Opinion or Order Filing 84 Order Granting Application for Special Admission Pro Hac Vice of David L. Osias for Michael Grassmueck. Application Fee in amount of $100 collected. Receipt No. 600004161 issued. Signed on 3/13/09 by U.S. District Judge Michael R. Hogan. (sln)
March 18, 2009 Filing 83 Fee in amount of $100.00 collected; Receipt No. 600004177 issued for Application for Special Admission Pro Hac Vice for John G. Hutchinson (sln)
March 18, 2009 Fee in amount of $100.00 collected; Receipt No. 600004168 issued for Application for Special Admission Pro Hac Vice for Merrilee MacLean (sln)
March 18, 2009 Filing Fee in amount of $100.00 collected; Receipt No. 600004167 issued, for Application for Special Admission Pro Hac Vice for Ford Elsaesser (sln)
March 16, 2009 Filing 82 Notice of correspondence regarding proposed Order Granting Joint Motion to Intervene.Filed by Hawthorne Gardens TIC. (Connolly, Paul)
March 16, 2009 Filing 81 Proposed Form of Order Submitted GRANTING JOINT MOTION TO INTERVENE. Filed by Hawthorne Gardens TIC. (Attachments: #1 Attachment Notice of Intent to Settle and Compromise) (Connolly, Paul)
March 13, 2009 Opinion or Order Filing 80 Order Granting Application for Special Admission Pro Hac Vice of David R. Mylrea for Certain Coordinating Lenders. Application Fee in amount of $100 collected. Receipt No. 25777 issued. Signed on 3/12/09 by U.S. District Judge Michael R. Hogan. (sln)
March 12, 2009 Opinion or Order Filing 79 Order Granting Application for Special Admission Pro Hac Vice of John G. Hutchinson for Certain Coordinating Lenders. Application Fee of $100 needs to be paid. Signed on 3/12/09 by U.S. District Judge Michael R. Hogan. (sln)
March 12, 2009 Opinion or Order Filing 78 Order Granting Application for Special Admission Pro Hac Vice of Jay L. Krystinik for Capmark Finance, Inc.. Application Fee of $100 needs to be paid. Signed on 3/12/09 by U.S. District Judge Michael R. Hogan. (sln)
March 12, 2009 Filing 77 Transcript of Proceedings held on 3/10/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Main Document 77 replaced on 12/22/2011) (sln).
March 12, 2009 Filing 76 Notice of Submittal of Letter by Receiver to Judge Hogan Re Impending Absence From Jurisdiction.Filed by Michael Grassmueck. (Osias, David)
March 11, 2009 Opinion or Order Filing 73 ORDER: Granting Plaintiff's Motion for Leave to File Unredacted Declarations Under Seal #6 . Ordered by U.S. District Judge Michael R. Hogan. (sln)
March 11, 2009 Filing 72 Proposed Form of Order Submitted Order Clarifying Preliminary Injunction. Filed by all defendants. (Bledsoe, David)
March 11, 2009 Filing 71 Motion for Order Clarifying Preliminary Injunction Order on motion for order to show cause #64 . Filed by all defendants. (Bledsoe, David)
March 10, 2009 Filing 75 MINUTES of Proceedings: - Oral Argument held on pending motions - Order to be issued. Mark Fickes present as counsel for plaintiffs. Milo Petranovich, David Bledsoe, Robert Miller, Stephen English, Laura Taylor, David Foraker, Merrilee MacLean, Ford Elsaesser, Paul Connolly, Laura Walker, Gary Grenley, Michael Esler, David Criswell present as counsel. Also present: Theresa Pearson, Howard Levine, Ms. Bloomenstell, John Hutchinson, Dillon Jackson, Dan Rosenhouse, Chris Carson, David Osias, Betty Schuminer. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (lf)
March 10, 2009 Filing 70 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Thomas M. Coffin to U.S. District Judge Michael R. Hogan. (sln)
March 10, 2009 Filing 69 Record of Order - Capital Pacific Bank, Hawthorne Gardens TIC Motion to Intervene #28 ; Brown's Canterbury Court, LLC's Motion to Intervene #36 ; Lewis & Clark Bank, First State Bank of Kansas City, Kansas, First Niagara Bank, The Palmetto Bank Motion to Intervene #44 ; First Federal Savings and Loan Association of McMinnville's Motion to Intervene #46 ; Certain Investor-Plaintiffs' Motion to Intervene #55 are granted without prejudice to named parties reserving the right to object in the future. Ordered by U.S. District Judge Michael R. Hogan. (lf)
March 10, 2009 Filing 68 Record of Order - Certain Coordinating Lenders Motion #32 to Continue Preliminary Injunction Hearing ; Brown's Canterbury Court's Motion #37 for Clarification ; Marathon Asset Management's Motion #49 to Dissolve the TRO ; Defendants' Motion #62 for Clarification of order on TRO are denied as Moot. Ordered by U.S. District Judge Michael R. Hogan. (lf)
March 10, 2009 Filing 67 Record of Order - Order on Preliminary Injunction #64 entered today 3/10/09, supersedes the court's 3/2/09 order. Ordered by U.S. District Judge Michael R. Hogan. (lf)
March 10, 2009 Filing 66 Record of Order - This action is transferred to Judge Michael R Hogan for all further proceedings. Counsel directed to use the HO initials following the case number on all future filings. Ordered by U.S. District Judge Michael R. Hogan. (lf)
March 10, 2009 Opinion or Order Filing 65 Order allowing intervention of the Official Tenants-in-Common Committed of the Oregon District (Portland) U.S. Bankruptcy Case of in re: Jon M.Harder, Case No. 08-37225 and Order of admission pro hac vice of Merrilee A. MacLean (no fee paid). Signed on 3/10/09 by U.S. District Judge Michael R. Hogan. (sln)
March 10, 2009 Opinion or Order Filing 64 ORDER: Granting Motion for Preliminary Injunction and Appointing Receiver #2 . Signed on 3/10/09 by U.S. District Judge Michael R. Hogan. (sln)
March 10, 2009 Filing 63 Supplement Order Clarifying Temporary Restraining Order. Filed by all defendants. (Related document(s): Motion for Clarification #62 .) (Bledsoe, David)
March 10, 2009 Filing 62 Motion for Clarification Motion for Order Clarifying Temporary Restraining Order. Filed by all defendants. (Bledsoe, David)
March 10, 2009 Opinion or Order Filing 61 ORDER: The Secured Lenders' Motion for an order of recusal and disqualification of the Honorable Michael R. Hogan #29 is denied. Signed on 3/10/09 by Magistrate Judge Thomas M. Coffin. (sln)
March 10, 2009 Filing 60 Exhibits Corrected Exhibit A re Proposed Order (Show Cause Hrg) #58 . Filed by Jon M. Harder. (English, Stephen)
March 10, 2009 Filing 59 Supplement /Correspondence to The Honorable Ann Aiken. Filed by Certain Coordinating Lenders. (Related document(s): Motion to Recuse #29 .) (Criswell, David)
March 10, 2009 Filing 58 Proposed Order for a Hearing to Show Cause to be held before the Hon. Michael R. Hogan. Filed by Jon M. Harder. (Attachments: #1 Exhibit A) (English, Stephen)
March 10, 2009 Filing 57 Notice of Appearance of David J. Elkanich appearing on behalf of Certain Coordinating Lenders (American Marine Bank, Bank of Wyoming, DNB National Bank, Taylor Funding I,LLC, THE National Bank, and Rocky Mountain Bank & Trust).Filed by on behalf of Certain Coordinating Lenders. (Elkanich, David)
March 10, 2009 Filing 56 Declaration of Michael J. Esler. Filed by Certain Investor-Plaintiffs. (Related document(s): Motion to intervene #55 .) (Esler, Michael)
March 10, 2009 Filing 55 Motion to Intervene. Filed by Certain Investor-Plaintiffs. (Esler, Michael)
March 9, 2009 Filing 54 Memorandum in Opposition to Coordinating Lenders' Opposition to Preliminary Injunction. Filed by Sunwest Management, Inc.. (Engbloom, Julie)
March 9, 2009 Filing 53 Reply /Objection to Securities and Exchange Commission's Motion for Preliminary Injunction and Cross-Motion for Relief from Ex Parte to Motion for Temporary Restraining OrderMotion for Order to Show Cause #2 . Filed by PA Arbrook LLC. (Attachments: #1 Attachment Affidavit of Michael Betancourt in Support of Objection to Securities and Exchange Commission's Cross-Motion for Preliminary Injunction and Relief from Ex Parte Temporary Restraining Order Dated March 2, 2009, #2 Exhibit A - B, #3 Exhibit C, #4 Exhibit D - E, #5 Exhibit F - part one, #6 Exhibit F - part two) (Caplan, Barry)
March 9, 2009 Filing 52 Motion for Limited Admission Application for Special Admission - Pro Hac Vice. Filed by Certain Coordinating Lenders. (Taylor, Robert)
March 9, 2009 Filing 51 Memorandum in Opposition (filed as "Opposition to Motion to Recuse the Honorable Michael R. Hogan and Dissolve the Order Issued March 2, 2009") to Motion to Recuse the Honorable Michael R. Hogan and Dissolve the Order Issued March 2, 2009 #29 . Filed by Sunwest Management, Inc.. (Engbloom, Julie)
March 9, 2009 Filing 50 Memorandum in Opposition (filed as "Opposition to Motion to Postpone Preliminary Injunction Hearing") to Motion to Continue Preliminary Injunction Hearing #32 . Filed by Sunwest Management, Inc.. (Engbloom, Julie)
March 9, 2009 Filing 49 Motion to Dissolve the Temporary Restraining Order. Oral Argument requested. Filed by Marathon Asset Management, L.P.. (Criswell, David)
March 9, 2009 Filing 48 Declaration of John Larsen in support of motion to intervene. Filed by First Federal Savings and Loan Association of McMinnville. (Related document(s): Motion to intervene #46 .) (Tweet, Stephen)
March 9, 2009 Filing 47 Memorandum in Opposition to Motion for Temporary Restraining OrderMotion for Order to Show Cause #2 Oral Argument requested. Filed by Marathon Asset Management, L.P.. (Criswell, David)
March 9, 2009 Filing 46 Motion to Intervene ; motion for relief from Judge Hogan's order entered 3/3/09. Oral Argument requested. Filed by First Federal Savings and Loan Association of McMinnville. (Tweet, Stephen)
March 9, 2009 Filing 45 Motion for Limited Admission Pro Hac Vice. Filed by Capmark Finance, Inc.. (Caplan, Barry)
March 9, 2009 Filing 44 Motion to Intervene. Oral Argument requested. Filed by Lewis & Clark Bank, First State Bank of Kansas City, Kansas, First Niagara Bank, The Palmetto Bank. (Walker, Laura)
March 9, 2009 Filing 43 Declaration of Ralph Bellande. Filed by The Palmetto Bank. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Walker, Laura)
March 9, 2009 Filing 42 Declaration of Derek G. Brocklebank. Filed by First Niagara Bank. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Walker, Laura)
March 9, 2009 Filing 41 Declaration of David W. Criswell in Support of Coordinating Lenders' Opposition to Preliminary Injunction. Filed by Certain Coordinating Lenders. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Attachments: #1 Exhibit Exhibits 1-4, #2 Exhibit Exhibits 5-8, #3 Exhibit Exhibits 9-11, #4 Exhibit Exhibit 12, #5 Exhibit Exhibits 13-14, #6 Exhibit Exhibits 15-17, #7 Exhibit Exhibits 18-20, #8 Exhibit Exhibits 21-22, #9 Exhibit Exhibit 23, #10 Exhibit Exhibit 24) (Criswell, David)
March 9, 2009 Filing 40 Joint Memorandum in Opposition to Motion for Temporary Restraining OrderMotion for Order to Show Cause #2 Oral Argument requested. Filed by Certain Coordinating Lenders. (Criswell, David)
March 9, 2009 Filing 39 Declaration of Gary I. Grenley. Filed by Brown's Canterbury Court, LLC. (Related document(s): Motion to intervene #36 , Motion for Clarification #37 .) (Grenley, Gary)
March 9, 2009 Filing 38 Memorandum in Support of Motion to Intervene and Motion for Clarification. Filed by Brown's Canterbury Court, LLC. (Related document(s): Motion to intervene #36 , Motion for Clarification #37 .) (Grenley, Gary)
March 9, 2009 Filing 37 Motion for Clarification or Relief from March 2, 2009 Order. Filed by Brown's Canterbury Court, LLC. (Grenley, Gary)
March 9, 2009 Filing 36 Motion to Intervene. Filed by Brown's Canterbury Court, LLC. (Grenley, Gary)
March 9, 2009 Filing 35 Declaration of Steven W. Ketteler. Filed by First State Bank of Kansas City, Kansas. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Walker, Laura)
March 9, 2009 Filing 34 Objection(s). Filed by First State Bank of Kansas City, Kansas. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Walker, Laura)
March 9, 2009 Filing 33 Memorandum in Support of Motion to Postpone Preliminary Injunction Hearing. Filed by Certain Coordinating Lenders. (Related document(s): Motion to continue #32 .) (Criswell, David)
March 9, 2009 Filing 32 Motion to Continue Preliminary Injunction Hearing. Oral Argument requested. Filed by Certain Coordinating Lenders. (Criswell, David)
March 9, 2009 Filing 31 Declaration of, Affidavit of David W. Criswell in Support of Motion to Recuse the Honorable Michael R. Hogan and Dissolve the Order Issued March 2, 2009. Filed by Certain Coordinating Lenders. (Related document(s): Motion to Recuse #29 .) (Attachments: #1 Exhibit Exhibits 1 through 4, #2 Exhibit Exhibits 5 through 8, #3 Exhibit Exhibits 9 through 11, #4 Exhibit Exhibit 12, #5 Exhibit Exhibits 13-14, #6 Exhibit Exhibits 15 through 17, #7 Exhibit Exhibits 18 through 20) (Criswell, David)
March 9, 2009 Filing 30 Memorandum in Support of Motion to Recuse the Honorable Michael R. Hogan and Dissolve the Order Issued March 2, 2009. Filed by Certain Coordinating Lenders. (Related document(s): Motion to Recuse #29 .) (Criswell, David)
March 9, 2009 Filing 29 Motion to Recuse the Honorable Michael R. Hogan and Dissolve the Order Issued March 2, 2009. Oral Argument requested. Filed by Certain Coordinating Lenders. (Criswell, David)
March 6, 2009 Filing 28 Joint Motion to Intervene and for further relief. Oral Argument requested. Filed by Capital Pacific Bank, Hawthorne Gardens TIC. (Summers, Brent)
March 4, 2009 Filing 27 Transcript of Proceedings held on 3/2/09 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (ljb) (Main Document 27 replaced on 12/22/2011) (sln).
March 3, 2009 Opinion or Order Filing 26 Order: It is ordered that no creditor or claimant against any of the Defendants, or any person acting on behalf of such creditor or claimant, shall take any action to interfere with the taking control, possession, or management of the Assets, including, but not limited to, the filing of any lawsuits, liens or encumbrances or involuntary bankruptcy cases to impact Assets subject to this order or the seeking of the appointment of receivers to take control of Assets; provided, however, that this Order does not affect creditors or claimants from pursuing their rights in any currently pending receivership and bankruptcy cases. It is further ordered that no person or entity, including any creditor or claimant against any of the Defendants, or any person acting on behalf of such creditor or claimant, shall take any action to terminate any management contract between Sunwest Management, Inc. and any affiliate, including any entity that Defendant Harder controls or in which he has an ownership interest. It is further ordered that this Order is effective until further order of the Court. Signed on 3/2/09 by U.S. District Judge Michael R. Hogan. (ljb)
March 3, 2009 Opinion or Order Filing 25 Order Allowing Intervention of the Official Unsecured Creditors Committee of the Oregon District (Portland) US Bankruptcy Case of In Re: Jon M. Harder, Case No. 08-37225; and Order of Admission Pro Hac Vice. (no fee paid) Signed on 3/2/09 by U.S. District Judge Michael R. Hogan. (ljb)
March 3, 2009 Opinion or Order Filing 24 Scheduling Order - Motion #2 for Preliminary Injuction - Oral Argument is set for 3/10/2009 at 10:30AM in Eugene before U.S. District Judge Michael R. Hogan. All attorneys in the bankruptcy cases are also to be notified of this hearing. Ordered by U.S. District Judge Michael R. Hogan. (lf)
March 2, 2009 Filing 23 MINUTES of Proceedings: - Oral Argument held on plaintiff's Motion #2 for Temporary Restraining Order - Motion denied. Oral Motion for TIC committee and unsecured creditors committee to interveneis granted. Counsel to meet and discuss issued this afternoon. Mark Fickes, Michael Liftikz present as counsel for plaintiff. Julie Engbloom, Milo Petranovich, Robert Calo for defendant Sunwest Management; Robert Miller, Stephen English for defendant Harder; David Foraker for Clyde Hamstreet present as counsel. Also present: Richard Yugler, Michael Esler, George Kalikman, Teresa Pearson, Dan Rosenhouse, Kevin Anselm, Chris Fowler, David Wade, David Zaro, Steven Blackhurst, Ford Elsaesser, Carla McClurg, Merrilee MacLean, Pam Griffith. Court Reporter: Deborah Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (lf)
March 2, 2009 Filing 22 Declaration of Michael E. Liftik Volume IV. Filed by Securities and Exchange Commission. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Attachments: #1 Exhibit 19, #2 Exhibit 20 Part A, #3 Exhibit 20 Part B, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 27, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 34, #18 Exhibit 35) (Fickes, Mark)
March 2, 2009 Filing 21 Declaration of Michael E. Liftik. Filed by Securities and Exchange Commission. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Attachments: #1 Exhibit 5, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 16, #12 Exhibit 17, #13 Exhibit 18) (Fickes, Mark) Modified on 3/19/09 original declaration was incomplete - (Additional attachment(s) added on 3/19/2009: #14 Complete Declaration) (sln).
March 2, 2009 Opinion or Order Filing 20 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Thomas M. Coffin. Discovery is to be completed by 7/6/2009. Joint Alternate Dispute Resolution Report is due by 8/3/2009. Pretrial Order is due by 8/3/2009. Ordered by Magistrate Judge Thomas M. Coffin. (ljb)
March 2, 2009 Filing 19 Declaration of William M. Bryan in Response to Relief Sought by SEC. Filed by Proposed Tenants in Common Committee. (Related document(s): Complaint #1 .) (ljb)
March 2, 2009 Filing 18 Declaration of David Vanspeybroeck. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response in Opposition to Motion #14 .) (Attachments: #1 Ex 1, #2 Ex 2, #3 Ex 3- 5, #4 Ex 6-1, #5 Ex 6-2, #6 Ex 6-3, #7 Ex 6-4, #8 Ex 6-5, #9 Ex 7, #10 Ex 8-12) (ljb)
March 2, 2009 Filing 17 Declaration of Robert B. Miller. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response in Opposition to Motion #14 .) (ljb)
March 2, 2009 Filing 16 Declaration of Stephen F. English. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response in Opposition to Motion #14 .) (ljb)
March 2, 2009 Filing 15 Declaration of Jon M. Harder. Filed by Jon M. Harder. (Related document(s): Response in Opposition to Motion #14 .) (ljb)
March 2, 2009 Filing 14 Response in Opposition to Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 Oral Argument requested. Filed by Jon M. Harder, Kristin Harder. (ljb)
March 2, 2009 Filing 13 Declaration of Robert R. Calo. Filed by Sunwest Management, Inc. (Related document(s): Response in Opposition to Motion #10 .) (ljb)
March 2, 2009 Filing 12 Declaration of Milo Petranovich. Filed by Sunwest Management, Inc. (Related document(s): Response in Opposition to Motion #10 .) (ljb)
March 2, 2009 Filing 11 Declaration of Clyde A. Hamstreet. Filed by Sunwest Management, Inc. (Related document(s): Response in Opposition to Motion #10 .) (ljb)
March 2, 2009 Filing 10 Response in Opposition to Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 . Filed by Sunwest Management, Inc. (ljb)
March 2, 2009 Filing 9 Declaration of Michael E. Liftik. Filed by Securities and Exchange Commission. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Attachments: #1 Exhibit 2 - Part A, #2 Exhibit 2 Part B, #3 Exhibit 2 Part C, #4 Exhibit 3 Part A, #5 Exhibit 3 Part B, #6 Exhibit 3 Part C, #7 Exhibit 4, #8 Exhibit 6 PART A, #9 Exhibit 6 Part B) (Fickes, Mark) Modified on 3/19/2009 original declaration incomplete add complete declaration (Additional attachment(s) added on 3/19/2009: #10 Complete Declaration) (sln).
March 2, 2009 Filing 8 Declaration of Michael E. Liftik. Filed by Securities and Exchange Commission. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Attachments: #1 Liftik Dec. Ex 1 document was incomplete & removed) (ljb) Modified on 3/19/2009 to add complete exhibit 1 added in 3 parts ( #1 Exhibit 1 - part 1). ( #2 Exhibit 1 - part 2) ( #3 Exhibit 1 - part 3)
March 2, 2009 Filing 7 Declaration of Michael A. Fortunato. Filed by Securities and Exchange Commission. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (Attachments: #1 Exhibits to Fortunato Declaration) (ljb)
March 2, 2009 Filing 6 Motion for Leave to File Unredacted Declarations Under Seal. Filed by Securities and Exchange Commission. (ljb)
March 2, 2009 Filing 5 Declaration of Clyde A. Hamstreet. Filed by Clyde A. Hamstreet & Associates, LLC. (Foraker, David)
March 2, 2009 Filing 4 Memorandum of Points and Authorities in Support. Filed by Securities and Exchange Commission. (Related document(s): Motion for Temporary Restraining Order, Motion for Order to Show Cause #2 .) (ljb)
March 2, 2009 Filing 3 Memorandum of Clyde A. Hamstreet & Associates, LLC and Clyde A. Hamstreet in Opposition to Motion for Temporary Restraining Order and Other Equitable Relief. Filed by Clyde A. Hamstreet & Associates, LLC. (Foraker, David)
March 2, 2009 Filing 2 Motion for Temporary Restraining Order, Motion for Order to Show Cause Re: Preliminary Injunction. Expedited Oral Argument requested. Filed by Securities and Exchange Commission. (ljb)
March 2, 2009 Filing 1 Complaint. Summons issued as to Defendants Sunwest Management, Inc.,Canyon Creek Development, Inc., Canyon Creek Financial, LLC, Jon H. Harder, Darryl E. Fisher, J. Wallace Gutzler, Kristin Harder, Encore Indemnity Management LLC, Senenet Leasing Company, Fuse Advertising, Inc., KDA Construction, Inc., Clyde A. Hamstreet, Clyde A. Hamstreet & Associates, LLC. Jury Trial Requested: No.Filed by Securities and Exchange Commission against Canyon Creek Financial, LLC, Jon M. Harder, Darryl E. Fisher, J. Wallace Gutzler, Kristin Harder, Encore Indemnity Management LLC, Senenet Leasing Company, Fuse Advertising, Inc., KDA Construction, Inc., Clyde Hamstreet, Clyde A. Hamstreet & Associates, LLC, Sunwest Management, Inc., Canyon Creek Development, Inc. (ljb)

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Represented By: Kevin J. Jacoby
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Intervenor: 422 TIC Investor-Owners
Represented By: Paul R. J. Connolly
Represented By: Kevin J. Jacoby
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Intervenor: Unsecured Creditors Committee
Represented By: Ford Elsaesser
Represented By: Joseph A. Field
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Intervenor: MainSource Bank
Represented By: David W. Criswell
Represented By: Brad T. Summers
Represented By: Richard J. Stone
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Intervenor: Currens' Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Carol Vance
Represented By: Chelsea S. Lewandowski
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Intervenor: Frederick's Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Walter's Moses Lake, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Tappe's Poulsbo, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Doubrava's Sequim, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Robbins' Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Willoughby's Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Marvin Calhoun
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Intervenor: Certain Investor-Plaintiffs
Represented By: Michael J. Esler
Represented By: Richard S. Yugler
Represented By: John W. Stephens
Represented By: Kim T. Buckley
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Intervenor: Whitesell's Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Wielde's Sequim, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: ING USA Annuity and Life Insurance Company
Represented By: David W. Criswell
Represented By: Brad T. Summers
Represented By: Richard J. Stone
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Intervenor: Regions Bank
Represented By: Barry P. Caplan
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Intervenor: Gilbert's Gardens, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Hawthorne Gardens TIC
Represented By: Paul R. J. Connolly
Represented By: Kevin J. Jacoby
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Intervenor: Rachel Byers' Poulsbo, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: T. Gettman's Gardens, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Smith's Sequim, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: LPP Mortgage, Ltd
Represented By: Adam H. Dittman
Represented By: Christine A. Kosydar
Represented By: Benjamin R. Lauritsen
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Intervenor: Murphy's Moses Lake, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: ReliaStar Life Insurance Company
Represented By: David W. Criswell
Represented By: Brad T. Summers
Represented By: Richard J. Stone
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Intervenor: Martin's Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: F. Smith's Gardens, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Salem Investors, a California General Partnership
Represented By: B. Scott Whipple
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Intervenor: 138 TIC Owner-Interveners
Represented By: Gary I. Grenley
Represented By: Michael J. Esler
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Intervenor: Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Fannie Mae
Represented By: Jeanette L. Thomas
Represented By: Sarah J. Crooks
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Intervenor: May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Seely's Sea View, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: ING Life Insurance & Annuity Company
Represented By: David W. Criswell
Represented By: Brad T. Summers
Represented By: Richard J. Stone
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Intervenor: Kirby's Moses Lake, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Phillips' Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Hughes' Moses Lake, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Grenley Intervenors
Represented By: David E. Dean
Represented By: Gary I. Grenley
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Intervenor: Smith's Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Zink's Sequim, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: The Palmetto Bank
Represented By: Laura J. Walker
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Intervenor: Bare Land Intervenors
Represented By: David E. Dean
Represented By: Gary I. Grenley
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Intervenor: Eva's Parkway Village, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Eugene Gascho's Poulsbo, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Centerline Servicing, Inc.
Represented By: Adam H. Dittman
Represented By: Christine A. Kosydar
Represented By: Benjamin R. Lauritsen
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Intervenor: Vestin Fund III, LLC
Represented By: Nancie K. Potter
Represented By: Paul B. George
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Intervenor: Mary M. Travess
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: First National Bank
Represented By: David W. Criswell
Represented By: Brad T. Summers
Represented By: Richard J. Stone
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Intervenor: Central National Bank & Trust Co. of Enid
Represented By: Barry P. Caplan
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Intervenor: Hughes' Poulsbo, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: First Niagara Bank
Represented By: Laura J. Walker
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Intervenor: Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Smith's King's Manor, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Kurtz's Canyon Crest
Represented By: Joshua S. Devore
Represented By: Justine Fischer
Represented By: Daniel W. Sigelman
Represented By: Kit A. Pierson
Represented By: Steven J Toll
Represented By: Anna Ryon
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Intervenor: Certain Smart Park 4 Investors
Represented By: Kevin J. Jacoby
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Intervenor: Whitesell's Gardens, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Judith Gascho's Poulsbo, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: LNR Partners, Inc.
Represented By: Adam H. Dittman
Represented By: Christine A. Kosydar
Represented By: Benjamin R. Lauritsen
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Intervenor: Earp-Thomas' Gardens, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Cathay Bank
Represented By: Dale H. Schofield
Represented By: Christine A. Kosydar
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Intervenor: Parmenter's Garden's, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC
Represented By: Justine Fischer
Represented By: Daniel W. Sigelman
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Intervenor: Smith's Moses Lake, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Intervenor: Marvin Calhoun doing business as Calhoun's Hawthorne Gardens, LLC
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Amicus curiae: Hawley's Sequim, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Amicus curiae: Walter Stawinski
Represented By: David E. Dean
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Amicus curiae: Ventas Realty, Limited Partnership
Represented By: Christopher T. Carson
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Amicus curiae: Currens' Moses Lake, LLC
Represented By: Gary K. Kahn
Represented By: Jared B. Kahn
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Amicus curiae: Waterford in Bellevue TIC Investors
Represented By: Kevin J. Jacoby
Represented By: Paul R. J. Connolly
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Amicus curiae: Butte Community Bank
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Amicus curiae: Kuebler Land Investors, LLC
Represented By: Russell W. Pike
Represented By: Melissa S. Briggs
Represented By: Gina Anne Johnnie
Represented By: Mark C. Hoyt
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Amicus curiae: Victor Lund
Represented By: David E. Dean
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Amicus curiae: James Brown & Associates, Inc.
Represented By: Lawrence A. Wagner
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Amicus curiae: Willamette Property Holdings, LLC
Represented By: Ford Elsaesser
Represented By: John Spencer Stewart
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Amicus curiae: Proof of Claim Investors
Represented By: David E. Dean
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Amicus curiae: Cottonwood TIC Investors
Represented By: Kevin J. Jacoby
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Claimant: Lloyd Enterprises, Inc.
Represented By: Christopher T. Carson
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Claimant: Scott C. Nielsen
Represented By: Paul B. George
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Claimant: Smart Park 3 TIC Investors
Represented By: Paul R. J. Connolly
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Claimant: Non-Insider LLC Member Group
Represented By: Nancy L. Isserlis
Represented By: Jan D. Sokol
Represented By: John Spencer Stewart
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Claimant: Willaim E Wagner, II
Represented By: Kevin J. Jacoby
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Claimant: Erin L. Reamer
Represented By: Paul B. George
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Claimant: Estate of Cyril Furman
Represented By: Robert N. Rusu
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Claimant: Kim's Bluffs at Northwoods, LLC,
Represented By: Tara J. Schleicher
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Claimant: Chaves County Treasurer
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Claimant: Joe E. Nielsen
Represented By: Paul B. George
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Claimant: Mary Jane Skalovsky
Represented By: Kevin M. Coffey
Represented By: Paul A. Harris
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Claimant: Merrill Lynch Capital Services, Inc.
Represented By: Barry L. Groce
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Claimant: Margo Brooke Chilles
Represented By: Paul B. George
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Claimant: Michael DeShane
Represented By: Paul B. George
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Claimant: Karen Blake Davies
Represented By: Paul B. George
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Claimant: Christ the King Community Outreach
Represented By: Cheryl A. Rath
Represented By: John Y. Bonds, III
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Claimant: Elshout's Bluffs at Northwoods, LLC,
Represented By: Tara J. Schleicher
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Claimant: Law Office of Paul R.J. Connolly, PC
Represented By: Tyler P. Malstrom
Represented By: Kevin J. Jacoby
Represented By: Paul R. J. Connolly
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Claimant: Sovereign Bank
Represented By: Paul B. George
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Claimant: Dolf de Vos
Represented By: Judson M. Carusone
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Interested party: Grove, Mueller & Swank, P.C.
Represented By: Michael E. Knapp
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Interested party: Mountain View ALF Investors, LLC
Represented By: Kenneth B Ross
Represented By: Howard M. Levine
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Interested party: Thomas F. Biesiadecki
Represented By: Jon P. Stride
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Interested party: Magnolia Ventures, Inc.
Represented By: J. Mark Perrin
Represented By: Doug Perrin
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Interested party: Jay Shupack's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Fitzwater's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Fall's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Sequoia Heights Capital Partners LLC
Represented By: Stuart M. Brown
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Interested party: Sunwest Investors/Third-Party Claimants
Represented By: Paul H. Trinchero
Represented By: Gary I. Grenley
Represented By: Richard S. Yugler
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Interested party: Esther I Falk
Represented By: R. Scott Palmer
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Interested party: Certain Chestnut Hill Investors
Represented By: Kevin J. Jacoby
Represented By: Michael J. Esler
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Interested party: Oregon Housing and Community Services
Represented By: Daniel H. Rosenhouse
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Interested party: US Trustee, Portland
Represented By: Carla G. McClurg
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Interested party: Judy Shupack's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Columbia Pacific SW/CS, LLC as successor by assignment to Column Financial, Inc.
Represented By: David W. Criswell
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Interested party: Seqouia Heights Capital Partners LLC
Represented By: Stuart M. Brown
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Interested party: Clyde A. Hamstreet CRO
Represented By: Leon Simson
Represented By: David A. Foraker
Represented By: Albert N. Kennedy
Represented By: Timothy J. Conway
Represented By: Greg R. Yates
Represented By: Michael E. Haglund
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Interested party: Porter's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Milinvest's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Wells Fargo Bank National Association
Represented By: David A. Bledsoe
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Interested party: Wrobel's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Gregory A Falk
Represented By: R. Scott Palmer
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Interested party: Sunwest Rollover Member LLC
Represented By: Ford Elsaesser
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Interested party: Fourteen Hawthorne Gardens' Tenants in Common
Represented By: Paul R. Rundle
Represented By: John R. Cosgrove
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Interested party: Yakima Investor TICs
Represented By: Paul R. J. Connolly
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Interested party: State of Oregon Department of Human Services
Represented By: Daniel H. Rosenhouse
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Interested party: Lone Star Committee
Represented By: Dillon E. Jackson
Represented By: Deborah A. Crabbe
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Interested party: Carey's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Cosgrove's Hawthorne Gardens, LLC
Represented By: John R. Cosgrove
Represented By: Tara J. Schleicher
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Interested party: Hermiston Assisted Living LLC
Represented By: Dillon E. Jackson
Represented By: Deborah A. Crabbe
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Interested party: Hufford's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Selker's Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Carol Ray
Represented By: Kevin A. Isern
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Interested party: Southwestern College
Represented By: Gary A. Gotto
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Interested party: Spring Pointe, LLC
Represented By: R. Scott Jerger
Represented By: Joseph A. Field
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Interested party: Stayton SW Assisted Living, L.L.C.
Represented By: Albert N. Kennedy
Represented By: John Spencer Stewart
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Interested party: Johns' Hawthorne Gardens, LLC
Represented By: Tara J. Schleicher
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Interested party: Zia Trust, Inc.
Represented By: Richard J. Valle
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Interested party: Oregon Department of Consumer and Business Services
Represented By: Kevin Anselm
Represented By: Daniel H. Rosenhouse
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Interested party: Thomas M. Kelley
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Interested party: Legacy Management's Hawthorne Gardens
Represented By: Tara J. Schleicher
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Defendant: J. Wallace Gutzler
Represented By: Christopher H. Kent
Represented By: Stephanie K. Hines
Represented By: Leslie S. Johnson
Represented By: Thomas R. Johnson
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Defendant: Sunwest Management, Inc.
Represented By: Milo Petranovich
Represented By: David A. Foraker
Represented By: Robert R. Calo
Represented By: Michael E. Haglund
Represented By: Julie Engbloom
Represented By: Greg R. Yates
Represented By: Shay S. Scott
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Defendant: Clyde Hamstreet
Represented By: Greg R. Yates
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Defendant: Canyon Creek Financial, LLC
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Defendant: Clyde A. Hamstreet & Associates, LLC
Represented By: David A. Foraker
Represented By: Greg R. Yates
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Defendant: Emeritus Corporation
Represented By: Joseph E. Shickich, Jr.
Represented By: Michael David Pierson
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Defendant: KDA Construction, Inc.
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Defendant: Canyon Creek Development, Inc.
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Defendant: Fuse Advertising, Inc.
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Defendant: Darryl E. Fisher
Represented By: Christopher H. Kent
Represented By: Leslie S. Johnson
Represented By: Steven K. Blackhurst
Represented By: James M. Barrett
Represented By: Justin C. Jones
Represented By: Robert J Vanden Bos
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Defendant: Senenet Leasing Company
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Defendant: Kristin Harder
Represented By: David D. VanSpeybroeck
Represented By: Laura C. Caldera
Represented By: Stephen F. English
Represented By: Robert B. Miller
Represented By: Dayna Jean Christian
Represented By: Leslie R. Pesterfield
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Defendant: Jon M. Harder
Represented By: Kevin W. Coleman
Represented By: George H. Kalikman
Represented By: Christopher H. Hart
Represented By: Gregory C. Nuti
Represented By: David D. VanSpeybroeck
Represented By: Keith E. Whitson
Represented By: Laura C. Caldera
Represented By: Eric T. Smith
Represented By: Robert B. Miller
Represented By: Dayna Jean Christian
Represented By: Stephen F. English
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Defendant: Encore Indemnity Management LLC
Represented By: John Spencer Stewart
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Petitioner: Jonathan Lee Riches
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Petitioner: Milton Obote
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Petitioner: Secured TICs
Represented By: Paul R. J. Connolly
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Petitioner: Roland Edwin Walker, Jr.
Represented By: Franklin J. Seibert
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Petitioner: Dan Thomas Construction, Inc
Represented By: Ronald G. Stephenson
Represented By: Kristin L. Olson
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Petitioner: Davis Wright Tremaine LLP
Represented By: Daniel L. Keppler
Represented By: Joseph C. Arellano
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Petitioner: Ala Lani Assisted Living LLC
Represented By: Patrick W. Wade
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Petitioner: Crown Pointe Investors
Represented By: Kevin J. Jacoby
Represented By: Paul R. J. Connolly
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Petitioner: RBS Citizens, N.A.
Represented By: David W. Criswell
Represented By: Jeffrey D. Ganz
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Petitioner: Certain Smart Park 3 and 4 Investors
Represented By: Paul R. J. Connolly
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Petitioner: Capmark Finance, Inc.
Represented By: Jay L. Krystinik
Represented By: Barry P. Caplan
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Petitioner: General Electric Capital Corporation
Represented By: Todd J. Dressel
Represented By: Teresa H. Pearson
Represented By: Hannah L. Blumenstiel
Represented By: Randy Rogers
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Petitioner: Marie Russo
Represented By: John P. Leader
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Petitioner: Idi Amin
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Petitioner: Cheryl Hightower
Represented By: Dusti D. Harvey
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Petitioner: Regina Ray Lucas
Represented By: Tobias A. Cole
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Petitioner: Chestnut Hill Investors
Represented By: John Cathcart Rake
Represented By: James E. Mountain, Jr.
Represented By: Jona Jolyne Maukonen
Represented By: Paul R. J. Connolly
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Petitioner: John T Flaxel
Represented By: Tara J. Schleicher
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Petitioner: Thompson & Knight LLP
Represented By: Daniel L. Keppler
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Petitioner: Stanley Crowell
Represented By: David W. Van Meter
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Petitioner: Marathon Asset Management, L.P.
Represented By: David W. Criswell
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Petitioner: Jerry V. Druery
Represented By: W. Eugene Hallman
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Petitioner: Russell Cosgrove
Represented By: John R. Cosgrove
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Petitioner: Electing Broomfield TIC Investors
Represented By: Paul R. J. Connolly
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Petitioner: Chaparral Heights TIC Investors
Represented By: Paul R. J. Connolly
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Petitioner: Sherri Corum
Represented By: Feliz A. Rael
Represented By: Dusti D. Harvey
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Petitioner: Certain Crown Pointe and Waterford TIC Investors
Represented By: Paul R. J. Connolly
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Petitioner: Bay Bank, a division of Cowlitz Bank
Represented By: Paul B. George
Represented By: Matthew S. Kirkpatrick
Represented By: Carter M. Mann
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Petitioner: PA Arbrook LLC
Represented By: Douglas B. Rosner
Represented By: Peter D. Bilowz
Represented By: Barry P. Caplan
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Petitioner: Certain Coordinating Lenders
Represented By: Kevin S. Mapes
Represented By: David A. Bledsoe
Represented By: Robert L. Taylor
Represented By: John G. Hutchinson
Represented By: David R. Mylrea
Represented By: Richard J. Stone
Represented By: David J. Elkanich
Represented By: Christopher T. Carson
Represented By: Lee S. Attanasio
Represented By: David W. Criswell
Represented By: Andrew D. Hart
Represented By: Brad T. Summers
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Petitioner: Joy C Flaxel
Represented By: Tara J. Schleicher
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Petitioner: Certain Smart Park 3 Investors
Represented By: Paul R. J. Connolly
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Petitioner: Marilyn Williams
Represented By: K. Robert Schalburg
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Petitioner: Connolly Chestnut Hill Investors
Represented By: John Cathcart Rake
Represented By: James E. Mountain, Jr.
Represented By: Jona Jolyne Maukonen
Represented By: Kevin J. Jacoby
Represented By: Paul R. J. Connolly
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Petitioner: Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC
Represented By: Paul R. J. Connolly
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Petitioner: Rebecca Hufford
Represented By: John R. Cosgrove
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Petitioner: GE Business Financial Services, Inc
Represented By: Todd J. Dressel
Represented By: Teresa H. Pearson
Represented By: Hannah L. Blumenstiel
Represented By: Randy Rogers
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Interpleader: Zions First National Bank
Represented By: Adam R. Kelly
Represented By: Richard Baroway
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Receiver: Michael Grassmueck
Represented By: Stephen Scott Walters
Represented By: Julie R. Vacura
Represented By: John Spencer Stewart
Represented By: A. Kenneth Hennesay, Jr
Represented By: David R. Zaro
Represented By: William L. Larkins, Jr.
Represented By: Michael J. Esler
Represented By: David L. Osias
Represented By: Francis Norman Scollan
Represented By: David Wade
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Receiver: Maggie Lyons
Represented By: Ford Elsaesser
Represented By: John Spencer Stewart
Represented By: David R. Zaro
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Plaintiff: Securities and Exchange Commission
Represented By: Michael E. Liftik
Represented By: Mark P Fickes
Represented By: Kashya K. Shei
Represented By: Susan F. LaMarca
Represented By: Marc J. Fagel
Represented By: Sheila E. O'Callaghan
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Intervenor defendant: Harry Geistlinger
Represented By: Melissa S. Briggs
Represented By: Gina Anne Johnnie
Represented By: Mark C. Hoyt
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