Securities and Exchange Commission v. Path America, LLC et al
Plaintiff: Securities and Exchange Commission
Defendant: Path America, LLC, Path America SnoCo LLC, Path America Farmer's Market, LP, Path America KingCo LLC, Path America Tower, LP, Path Tower Seattle, LP, Potala Tower Seattle, LLC, Lobsang Dargey, Potala Shoreline, LLC and Potala Village Kirkland, LLC
Case Number: 2:2015cv01350
Filed: August 24, 2015
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: XX US, Outside District
Presiding Judge: James L. Robart
Nature of Suit: Securities/Commodities/Exchanges
Cause of Action: 15:77
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 13, 2020 Opinion or Order Filing 711 FINAL ORDER REGARDING FEE APPLICATIONS granting the fee applications for the Receiver, Allen Matkins, Financial Forensics, Peterson Sullivan, Baker Donelson, Caron, and Karr Tuttle 700 701 702 703 704 705 707 . In addition, the court GRANTS the Receiver's Final Motion (Dkt. # 710 ). Signed by Judge James L. Robart. (PM)
December 6, 2019 Opinion or Order Filing 699 SIXTEENTH ORDER REGARDING FEE APPLICATIONS. The court GRANTS Allen Matkins fee application (Dkt. # 698 ) and APPROVES on an interim basis application amounts, for the period July 1, 2019, though September 30, 2019, of $13,146.47 in fees and � 36;2,812.97 in costs for a total of $15,959.38. Further, the court AUTHORIZES the Receiver to presently disburse to Allen Matkins $10,517.40 in fees and $2,250.38 in costs for a total of $12,767.78, which is 80% of the approved fees and costs for the period of July 1, 2019, through September 30, 2019. Signed by Judge James L. Robart. (PM)
September 4, 2019 Opinion or Order Filing 696 FIFTEENTH ORDER REGARDING FEE APPLICATIONS. The court grants the fee applications (Dkts. 692 , 693 , 694 , 695 ) and approves on an interim basis the following application amounts for the period of April 1, 2019, through June 30, 2019. (See Order for more details) Signed by Judge James L. Robart.(SWT)
August 15, 2019 Opinion or Order Filing 691 ORDER granting relief requested in 690 Quarterly Status Report of Receiver Michael A Grassmueck (April 1, 2019 through June 30, 2019) Signed by Judge James L. Robart. (PM)
July 12, 2019 Opinion or Order Filing 689 FINAL JUDGMENT as to Defendant Path America, LLC. Signed by Judge James L. Robart. (SWT)
June 3, 2019 Opinion or Order Filing 686 Fourteenth ORDER Regarding Fee Applications. The Court GRANTS fee applications (Dkt. ## 683 , 684 , 685 ) and approves on an interim basis application the following amounts for the January 1, 2019, through March 31, 2019. (See Order for details) Signed by Judge James L. Robart. (SWT)
March 18, 2019 Opinion or Order Filing 677 ORDER approving the Eleventh Quarterly Application for Compensation for Receiver's Local Counsel Karr Tuttle Campbell, PS re receiver Michael A. Grassmueck's 669 Motion. Signed by Judge James L. Robart. (SWT)
March 14, 2019 Opinion or Order Filing 676 Thirteenth ORDER Regarding Fee Applications. The Court grants the fee applications (Dkts. 672 , 673 , 674 , 675 ) and approves on an interim basis the following application amounts for the period of October 1, 2018 through December 31, 2018. (See Order for details.) Signed by Judge James L. Robart. (SWT)
January 2, 2019 Opinion or Order Filing 666 ORDER granting Receiver's 664 Motion for Order Approving Fourth Amendment to Purchase and Sale Agreement for Sale of Shoreline Property. Signed by Judge James L. Robart. (SWT)
December 21, 2018 Opinion or Order Filing 665 ORDER granting Defendants Lobsang Dargey, Path Othello, LLC's 658 Motion to Withdraw as Attorney. Peter S. Ehrlichman, Shawn Larsen-Bright, Todd S.Fairchild, and. Dorsey & Whitney LLP shall be permitted to withdraw as counsel for Defendant Lobsang Dargey and Relief Defendant Path Othello, LLC, and are hereby withdrawn. Signed by Judge James L. Robart. (TH)
December 12, 2018 Opinion or Order Filing 663 TWELFTH ORDER REGARDING FEE APPLICATIONS signed by Judge James L. Robart. The Court GRANTS the fee applications (Dkt. ## 652 , 653 , 654 , 655 ) and APPROVES on an interim basis the application amounts (See Order) for the period of July 1, 2018, through September 30, 2018. (SWT)
November 19, 2018 Opinion or Order Filing 651 ORDER granting Receiver Michael A Grassmueck's 649 Motion for Order for Approval of Receiver's Recommended Distribution Plan and Authorization to Proceed with Closing Tasks. The Receiver is authorized to complete the remaining wo rk of the receivership set forth in the Motion, including the filing of tax returns, preparation of the final accounting and tax returns in anticipation of closing the receivership; and The Receiver is authorized to file a motion seeking authority to distribute the receivership proceeds along with the closing motions upon disposition of the Shoreline Property, recovery of the Potala Village settlement proceeds, and filing of the final tax returns. Signed by Judge James L. Robart. (TH)
October 12, 2018 Opinion or Order Filing 648 ORDER granting Receiver's 647 Motion for Approval of Settlement with Potala Village, LLC. The Settlement Agreement, a copy of which is attached to the Receiver's Declaration filed in support of his Motion, is hereby approved; and the Receiver is further authorized and empowered to take any and all action to effectuate the terms of the Settlement Agreement. Signed by Judge James L. Robart. (TH)
September 19, 2018 Opinion or Order Filing 646 ORDER granting the Receiver's 644 Motion for approval of the settlement of claims regarding Mazatlan Everett, Inc. d/b/a Mazatln Restaurant. The Agreement for Payoff of Loan (the Payoff Agreement), a copy of which is attached to the Receiver's declaration in support of this motion (see Grassmueck Decl. (Dkt. # 644 -1) 4, Ex. 1), is hereby APPROVED. Signed by Judge James L. Robart. (PM)
September 5, 2018 Opinion or Order Filing 643 ORDER granting the Receiver Michael A. Grassmueck's 640 Amended Motion Seeking Approval of Third Amended Shoreline Property Purchase and Sale Agreement. Signed by Judge James L. Robart. (PM)
August 29, 2018 Opinion or Order Filing 642 ORDER directing parties to file a joint status report within fourteen (14) days of the date of this order detailing the remaining items necessary to bring this matter to resolution and proposing a schedule for accomplishing the same. Signed by Judge James L. Robart. (PM)
July 17, 2018 Opinion or Order Filing 631 ORDER granting the Receiver's unopposed 630 Motion to Release Escrow Funds to Binjiang Othello. The Receiver shall transfer the Escrow Amount to Binjiang Othello in partial satisfaction of the Promissory Note between Path Othello and Binjiang Othello. Signed by Judge James L. Robart. (PM)
June 13, 2018 Opinion or Order Filing 629 TENTH ORDER REGARDING FEE APPLICATIONS signed by Judge James L. Robart. The court GRANTS these fee applications ( 625 , 626 , 627 , 628 ) and APPROVES on an interim basis the application amounts for the period of January 1, 2018 through March 31, 2018. (PM)
March 13, 2018 Opinion or Order Filing 619 NINTH ORDER REGARDING FEE APPLICATIONS. The Court grants these fees applications ( 612 , 613 , 614 , 615 , 616 ) and approves on an interim basis application amounts for the period of October 1, 2017, through December 31, 2017. Signed by Judge James L. Robart. (PM)
February 21, 2018 Opinion or Order Filing 618 ORDER granting Receiver Michael A. Grassmueck's unopposed 610 Motion for Order Approving a Second Amendment to the Purchase and Sale Agreement for the sale of the Shoreline Property. Signed by Judge James L. Robart. (PM)
January 10, 2018 Opinion or Order Filing 609 EIGHTH ORDER REGARDING FEE APPLICATIONS. The Court grants these fees applications ( 591 , 592 , 593 , 594 , 595 ) and approves on an interim basis application amounts. Signed by Judge James L. Robart. (SWT)
December 27, 2017 Opinion or Order Filing 607 ORDER granting Receiver Michael A Grassmueck's 604 Motion for Order For Approval Of Settlement Of Claims Re: Zhou Yan. Signed by Judge James L. Robart. (TH)
December 1, 2017 Opinion or Order Filing 602 ORDER APPROVING RECEIVER'S RECOMMENDED TREATMENT OF CLAIMS granting Receiver's Omnibus Claims Motion 588 . Signed by Judge James L. Robart. (PM)
September 13, 2017 Opinion or Order Filing 585 ORDER granting Receiver Michael A. Grassmueck's 571 Motion for Order Approving Sale of Property, signed by Judge James L. Robart. (SWT)
September 11, 2017 Opinion or Order Filing 583 SEVENTH ORDER REGARDING FEE APPLICATIONS granting fee applications of the Receiver, Allen Matkins, Financial Forensics, Karr Tuttle, and Peterson Sullivan 572 , 574 , 575 , 576 , 578 ; granting in part and denying in part fee applications of Caron and Baker Donelson 573 , 580 . Signed by Judge James L. Robart. (PM)
July 11, 2017 Opinion or Order Filing 569 ORDER by Judge James L. Robart granting Receiver Michael A. Grassmueck's Motion for Order Approving Sale of Property (Dkt. # 549 ). (AD)
June 21, 2017 Opinion or Order Filing 558 SIXTH ORDER REGARDING FEE APPLICATIONS granting the following fee applications: 533 534 535 537 538 539 541 and approving application amounts. Signed by Judge James L. Robart. (PM)
May 26, 2017 Opinion or Order Filing 548 ORDER granting 547 Stipulated Motion for Order To Extend Closing Deadline For Restructuring of Marketplace Project. The present May 30, 2017 deadline to close the restructuring transaction for the Marketplace Project is extended to June 9, 2017. Signed by Judge James L. Robart. (PM)
May 16, 2017 Opinion or Order Filing 546 ORDER by Judge James L. Robart.granting Receiver Michael A. Grassmueck's 526 motion for final approval of the disposition of the Marketplace Project. (PM)
April 7, 2017 Opinion or Order Filing 524 ORDER granting 523 Second Stipulated Motion Modifying Previous Orders Regarding Updated budget, Proposal for Financing, and Consultant Agreement for Farmer's Market and Motion Preliminarily Approving Disposition of Receivership Assets. The dea dline for the Receiver and EB5G to execute final agreements for the Restructuring Transaction is hereby extended to April 17, 2017. The deadline for the Receiver to submit a motion for approval of the final terms of the Restructuring Transaction is hereby extended to April 20, 2017. Signed by Judge James L. Robart. (PM)
March 29, 2017 Opinion or Order Filing 516 ORDER granting 515 Stipulated Motion to Modify Previous Order Regarding Updated Budget, Proposal for Financing, And Consultant Agreement For Farmer's Market And Motion Preliminarily Approving Disposition Of Receivership Assets 511 . The Marc h 31, 2017 deadline for the Receiver and EB5G to execute finalagreements for the Restructuring Transaction is hereby extended to April 7, 2017. All other deadlines established in the Preliminary Approval Order shall otherwise remain unchanged. Signed by Judge James L. Robart. (PM)
March 23, 2017 Opinion or Order Filing 513 FIFTH ORDER REGARDING FEE APPLICATIONS by Judge James L. Robart granting fee applications filed at Dkt. Nos. 489 491 494 495 496 497 . (PM)
March 3, 2017 Opinion or Order Filing 509 FINAL JUDGMENT AS TO DEFENDANT LOBSANG DARGEY AND RELIEF DEFENDANT PATH OTHELLO, LLC. Signed by Judge James L. Robart. (see order for details) (PM)
September 20, 2016 Opinion or Order Filing 427 ORDER by Judge James L. Robart re 425 Stipulated Motion to Confirm Approval for Final Disposition of Potala Tower Related Assets. The Court confirms its approval of the Restructuring Transaction as set forth in the Final Approval Order and the Extension Order, with Binjiang Limited as a potential lender on the Construction Loan. (AD)
August 31, 2016 Opinion or Order Filing 418 THIRD ORDER REGARDING FEE APPLICATIONS by Judge James L. Robart. (PM)
August 30, 2016 Opinion or Order Filing 415 ORDER GRANTING 385 MOTION REGARDING CLAIMS PROCESS by Judge James L. Robart. (AD)
August 29, 2016 Opinion or Order Filing 414 ORDER by Judge James L. Robart re 413 Stipulated Motion Modifying Previous Orders Approving Final Disposition of Potala Tower Related Assets and Extending Deadline for Closing of Restructuring Transaction. (AD)
August 22, 2016 Opinion or Order Filing 412 ORDER by Judge James L. Robart granting Receiver's 373 Motion for authority to proceed with business plan for Potala Marketplace. The Court authorizes Receiver to proceed with the Business Plan subject to further orders from this court regarding the financing of the project and engagement of The Carlin Company. (PM)
July 15, 2016 Opinion or Order Filing 377 ORDER by Judge James L. Robart granting the Receiver's 356 MOTION For Final Approval of Disposition of Potala Tower Related Assets. (PM)
June 6, 2016 Opinion or Order Filing 344 SECOND ORDER REGARDING FEE APPLICATIONS by Judge James L. Robart. (AD)
May 25, 2016 Opinion or Order Filing 340 STIPULATION AND ORDER by Judge James L. Robart re: Nonparty Voya Insurance and Annuity Company's Appearance to Assert Claims as Secured Creditor of Certain Receivership Property. (PM)
May 24, 2016 Opinion or Order Filing 338 ORDER DIRECTING FURTHER BRIEFING by Judge James L. Robart. The court DEFERS RULING on the SEC's 244 motion to modify the order appointing a Receiver to include additional Relief Defendants until the court has received supplemental briefing and evidence from the parties as ORDERED in this order; Clerk DIRECTED to re-note this motion to 28 days from the date that this order is filed. (AD)
April 20, 2016 Opinion or Order Filing 282 ORDER granting in part and denying in part the Receiver's 183 Motion for Authority to Market and Sell Receivership Assets, Establish Sale Procedures, and Engage a Broker by Judge James L. Robart. In-court Hearing set for 5/19/2016 at 03:00 PM before Judge James L. Robart. (AD)
April 6, 2016 Opinion or Order Filing 267 ORDER DENYING MOTION FOR RETURN OF INVESTMENT by Judge James L. Robart. The court CLARIFIES its previous October 14, 2015, order modifying the preliminary injunction and DENIES Ms. Ye's motion for an order directing the Receiver to return $400,000.00 of her investment to her (Dkt. # 184 ). (AD)
April 4, 2016 Opinion or Order Filing 265 STIPULATION AND ORDER for Limited Relief from Order Appointing Receiver re: Claim of Lien by Judge James L. Robart. (AD)
September 25, 2015 Opinion or Order Filing 46 ORDER regarding 33 MOTION for Temporary Restraining Order Modification filed by dfts by Judge James L. Robart. (RS)
September 18, 2015 Opinion or Order Filing 28 REDACTED FOURTH STIPULATION AND ORDER MODIFYING TEMPORARY RESTRAINING ORDER re 25 Stipulation by Judge James L. Robart. (PM)
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Search for this case: Securities and Exchange Commission v. Path America, LLC et al
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Plaintiff: Securities and Exchange Commission
Represented By: Susan F LaMarca
Represented By: Bernard B Smyth
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Defendant: Path America, LLC
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Path America SnoCo LLC
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Path America Farmer's Market, LP
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Path America KingCo LLC
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Path America Tower, LP
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Path Tower Seattle, LP
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Potala Tower Seattle, LLC
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Lobsang Dargey
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Potala Shoreline, LLC
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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Defendant: Potala Village Kirkland, LLC
Represented By: Daniel J Dunne, Jr.
Represented By: George E Greer
Represented By: Charles J Ha
Represented By: David S Keenan
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