u.s. district court central district of california...
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US District Court Civil Docket as of 04/07/2005 Retrieved from the court on Wednesday, May 18, 2005
U.S. District Court Central District Of California
(Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:01-cv-05752-DT-RC
Betker Partners One, et al v. U S Trust Company, et al Assigned to: Judge Dickran Tevrizian Referred to: Magistrate Judge Rosalyn M. Chapman Demand: $24000000 Lead case: 2:01-cv-05752-DT-RC Member cases: 2:02-cv-00382-DT-RC 2:02-cv-00993-DT-RC 2:02-cv-02745-DT-RC 2:02-cv-06484-DT-RC 2:02-cv-06841-DT-RC 2:02-cv-09221-DT-RC Cause: 15:0078m(a) Securities Exchange Act
Date Filed: 06/29/2001 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question
Plaintiff Betker Partners One LP represented by Daniel M Harkins
Feldhake Roquemore Newport Gateway Tower 2 19900 MacArthur Blvd, Ste 850 Irvine, CA 92612 949-553-5000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D Annigian Feldhake and Roquemore 19900 MacArthur Boulevard, Suite 850 Irvine, CA 92612 949-553-5000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua Mark Wolff Feldhake Roquemore Newport Gateway Tower 2 19900 MacArthur Blvd, Ste 850 Irvine, CA 92612 949-553-5000 Fax: 949-553-5098
LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa A Roquemore Feldhake Roquemore Newport Gateway Tower 2 19900 MacArthur Blvd, Ste 850 Irvine, CA 92612 949-553-5000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle R Johnson Feldhake August & Roquemore Newport Gateway Tower 2 19900 MacArthur Blvd, Ste 850 Irvine, CA 92612 949-553-5000 TERMINATED: 11/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Feldhake Feldhake Roquemore Newport Gateway Tower 2 19900 MacArthur Blvd, Ste 850 Irvine, CA 92612 949-553-5000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley R Jones Stanley R Jones Law Offices 1920 Main St, Ste 1070 Irvine, CA 92614 949-475-4400 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Betker Partners Three LP represented by Daniel M Harkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D Annigian (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED Joshua Mark Wolff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa A Roquemore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle R Johnson (See above for address) TERMINATED: 11/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Feldhake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley R Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Betker Family Trust represented by Daniel M Harkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D Annigian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua Mark Wolff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa A Roquemore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michelle R Johnson (See above for address) TERMINATED: 11/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Feldhake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley R Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Lori O'Shea represented by Daniel M Harkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D Annigian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua Mark Wolff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa A Roquemore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle R Johnson (See above for address) TERMINATED: 11/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Feldhake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley R Jones
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Michael O'Shea represented by Daniel M Harkins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason D Annigian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua Mark Wolff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa A Roquemore (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle R Johnson (See above for address) TERMINATED: 11/01/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert J Feldhake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stanley R Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
U S Trust Company N A represented by G Cresswell Templeton, III Hill Farrer & Burrill One California Plz 300 S Grand Ave, 37th Fl
Los Angeles, CA 90071-3147 213-620-0460 LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul M Porter Hill Farrer & Burrill One California Plz 300 S Grand Ave, 37th Fl Los Angeles, CA 90071-3147 213-620-0460 Fax: 213-624-4840 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven W Bacon Hill Farrer & Burrill One California Plz 300 S Grand Ave, 37th Fl Los Angeles, CA 90071-3147 213-620-0460 Fax: 213-624-4840 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
U S Trust Company of Texas N A TERMINATED: 09/30/2002
represented by G Cresswell Templeton, III (See above for address) TERMINATED: 09/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul M Porter (See above for address) TERMINATED: 09/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven W Bacon (See above for address) TERMINATED: 09/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Healthcare of America Inc represented by Jerold V Goldstein Jerold V Goldstein Law Offices 16133 Ventura Blvd
Suite 965 Encino, CA 91436-2430 818-990-1614 Fax: 818-788-3670 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Geriatric Housing Development VII Inc
represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Geriatric Housing Development VIII Inc, VIII
represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Geriatric Housing Development IX Inc, IX
represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Care of Chicago Inc represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Rancho Healthcare Inc TERMINATED: 03/18/2002
Defendant
Heritage Care of Sarasota Inc represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Housing Development Inc represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Health Care Holdings LLC represented by Eric N Landau McDermott Will & Emery 18191 Von Karman Ave, Ste 400 Irvine, CA 92612-0187 949-851-0633 LEAD ATTORNEY ATTORNEY TO BE NOTICED Gary Kurtz Gary A Kurtz Law Offices 20335 Ventura Boulevard, Suite 200 Woodland Hills, CA 91364 818-884-8400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Floyd Wright Case Knowlson Jordan & Wright 2049 Century Park E Ste 3350 Los Angeles, CA 90067 310-552-2766 TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell Case Knowlson Jordan & Wright 2049 Century Park E Ste 3350 Los Angeles, CA 90067 310-552-2766 LEAD ATTORNEY ATTORNEY TO BE NOTICED Shawn M Harpen McDermott Will & Emery 18191 Von Karman Ave, Ste 400 Irvine, CA 92612-0187 949-851-0633 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven J Aaronoff McDermott Will & Emery 18191 Von Karman Ave, Ste 400 Irvine, CA 92612-0187 949-851-0633 TERMINATED: 08/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Carecontinumm LLC represented by Eric N Landau (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gary Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Floyd Wright (See above for address) TERMINATED: 08/08/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shawn M Harpen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Aaronoff (See above for address) TERMINATED: 08/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Acceptance Corporation represented by Jerold V Goldstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Affiliated Metropolitan Contractors Inc
Defendant
Valuation Counselors Group Inc doing business as CBIZ Valuation Inc formerly known as CBIZ Valuation Counselors
represented by Bruce M Butler Even Crandall Wade & Lowe 9483 Haven Ave, Ste 102 P O Box 4000 Rancho Cucamonga, CA 91729-4000 909-483-6700 TERMINATED: 10/28/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED Craig Varnen Irell & Manella 1800 Avenue of the Stars, Ste 900 Los Angeles, CA 90067-4276 310-277-1010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Curtis L Metzgar Even Crandall Wade & Lowe 9483 Haven Ave, Ste 102 P O Box 4000 Rancho Cucamonga, CA 91729-4000 909-483-6700 TERMINATED: 10/28/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED F X Sean O'Doherty Gates O'Doherty Gonter & Guy 700 S Flower, 11th Fl Los Angeles, CA 90017 213-892-6332 TERMINATED: 06/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth R Heitz Irell & Manella 1800 Avenue of the Stars, Ste 900 Los Angeles, CA 90067-4276 310-277-1010 LEAD ATTORNEY
ATTORNEY TO BE NOTICED Layn R Phillips Irell and Manella 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 310-277-1010 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle A Jenkins Gates O'Doherty Gonter & Guy 15635 Alton Parkway, Ste 260 Irvine, CA 92618 949-753-0255 TERMINATED: 06/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Victor A Raphael Gates O'Doherty Gonter & Guy 15635 Alton Parkway, Ste 260 Irvine, CA 92618 949-753-0255 Email: [email protected] TERMINATED: 06/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Robert Kasirer, - represented by Eric N Landau (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gary Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Floyd Wright (See above for address) TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell (See above for address)
TERMINATED: 10/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Shawn M Harpen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Aaronoff (See above for address) TERMINATED: 08/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Jerold Goldstein represented by Michael H Raichelson Kern and Woolley 10900 Wilshire Boulevard, Suite 1100 Los Angeles, CA 90024 310-824-1777 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael C Robinson, Jr Robinson Di Lando & Whitaker 800 Wilshire Blvd, Ste 1100 Los Angeles, CA 90017-2687 213-229-0100 TERMINATED: 04/09/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven R Skirvin Dion-Kindem & Crockett 21271 Burbank Blvd, Ste 100 Woodland Hills, CA 91367 818-883-4400 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED William E Crockett Dion-Kindem & Crockett 21271 Burbank Blvd, Ste 100 Woodland Hills, CA 91367 818-883-4400 TERMINATED: 04/04/2002 LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
The Bank of New York Successor Indenture Trustee
represented by Christopher Frank Wong Bryan Cave 120 Broadway, Ste 300 Santa Monica, CA 90401-2305 310-576-2100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Melissa B Bonfiglio Bryan Cave 120 Broadway, Suite 300 Santa Monica, CA 90401-2305 310-576-2100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
O V Bertolini represented by Steven H Schwartz Schwartz & Jansen 12100 Wilshire Blvd Suite 1125 Los Angeles, CA 90025-7117 310-979-4090 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Bruce Talley represented by Robert Scott Dreher Dreher Law Firm 835 Fifth Avenue, Suite 202 San Diego, CA 92101 619-230-8828 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven M Green Steven M Green Law Offices 3636 4th Ave, Ste 305 San Diego, CA 92103 619-294-8571
TERMINATED: 05/20/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Debra Kasirer individually and as Trustee of the Debra Kasirer Trust
represented by Eric N Landau (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gary Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Floyd Wright (See above for address) TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shawn M Harpen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Aaronoff (See above for address) TERMINATED: 08/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Canon Realty Corporation represented by Eric N Landau (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Gary Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Floyd Wright (See above for address) TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Shawn M Harpen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J Aaronoff (See above for address) TERMINATED: 08/30/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Bank of New York Inc TERMINATED: 02/10/2003 Erroneously Sued As Bank of New York
represented by Christopher Frank Wong (See above for address) TERMINATED: 02/10/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sheldon E Eisenberg Bryan Cave 120 Broadway, Ste 300 Santa Monica, CA 90401-2305 310-576-2100 TERMINATED: 02/10/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Heritage Housing V Inc
Defendant
BMHC Corp represented by Gary Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Floyd Wright (See above for address) TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
JDDJ Holdings LP represented by Gary Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Floyd Wright (See above for address) TERMINATED: 08/07/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Ronald S Caswell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
James E Iverson represented by Dirk L Vincent Fairbank & Vincent 11755 Wilshire Blvd, Ste 2320 Los Angeles, CA 90025 310-996-5520 LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard D Gluck Fairbank & Vincent 11755 Wilshire Blvd, Ste 2320 Los Angeles, CA 90025 310-996-5520 Fax: 310-996-5530 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Victor P Dhooge
Defendant
John M Clarey represented by Kevin W Alexander Gordon & Rees 101 W Broadway, Ste 1600 San Diego, CA 92101 619-696-6700 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
James F Dlugosh represented by James F Dlugosh PRO SE James F Dlugosch 2010 Ridge Drive #14 St Louis Park, MN 55416 952-544-9862 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin W Alexander (See above for address) TERMINATED: 06/30/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Edward J Hentges represented by Brian E Palmer Dorsey & Whitney 50 S 6th St, Ste 1500 Minneapolis, MN 55402-1498 612-340-2600 TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane L Dragan Nitz Walton & Heaton 601 S 10th St, Ste 202 Las Vegas, NV 89101 702-474-4004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather J Klaas
Dorsey & Whitney 50 S 6th St, Ste 1500 Minneapolis, MN 55402-1498 612-340-2600 TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey L Sikkema Holdsworth & Hagopian 650 Town Ctr Dr, Ste 800 Costa Mesa, CA 92626 714-384-4120 TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Kenneth R Larsen represented by Brian E Palmer (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane L Dragan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather J Klaas (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey L Sikkema (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Jerome E Tabolich represented by Brian E Palmer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather J Klaas
(See above for address) TERMINATED: 01/07/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey L Sikkema (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Norman J Baer Anthony Ostlund & Baer PA 3600 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 612-349-6969 LEAD ATTORNEY ATTORNEY TO BE NOTICED William McDonald Miller, III Musick Peeler & Garrett One Wilshire Bldg 624 S Grand Ave, Ste 2000 Los Angeles, CA 90017-3321 213-629-7600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Steven W Erickson represented by Brian E Palmer (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane L Dragan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather J Klaas (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey L Sikkema (See above for address)
TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Paul R Ekholm represented by Brian E Palmer (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Diane L Dragan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather J Klaas (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey L Sikkema (See above for address) TERMINATED: 10/03/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Joel T Boehm represented by Alan D Leeth Butz Dunn DeSantis & Bingham 101 W Broadway, Ste 1700 San Diego, CA 92101-8289 619-233-4777 Fax: 619-231-0341 TERMINATED: 02/11/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles R Grebing Wingert Grebing Brubaker & Ryan One America Plz 600 W Broadway, 7th Fl San Diego, CA 92101-3370 619-232-8151 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Douglas M Butz Butz Dunn DeSantis & Bingham 101 W Broadway, Ste 1700 San Diego, CA 92101-8289 619-233-4777 Fax: 619-231-0341 LEAD ATTORNEY ATTORNEY TO BE NOTICED K Elizabeth Dunn Butz Dunn DeSantis & Bingham 101 W Broadway, Ste 1700 San Diego, CA 92101-8289 619-233-4777 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kimberly Diane Howatt Wingert Grebing Brubaker & Ryan One America Plz 600 W Broadway, 7th Fl San Diego, CA 92101-3370 619-232-8151 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven Cruz Uribe Butz Dunn DeSantis & Bingham 101 W Broadway, Ste 1700 San Diego, CA 92101-8289 619-233-4777 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Sabo & Green represented by Alan D Leeth (See above for address) TERMINATED: 02/11/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Douglas M Butz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED K Elizabeth Dunn (See above for address) LEAD ATTORNEY
ATTORNEY TO BE NOTICED Steven Cruz Uribe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Coddington Appraisal Services represented by John Donald Guerrini Freedman & Taitelman 1901 Avenue of the Stars, Ste 500 Los Angeles, CA 90067-6001 310-201-0005 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael A Taitelman Freedman & Taitelman 1901 Avenue of the Stars, Ste 500 Los Angeles, CA 90067-6001 310-201-0005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Capital Valuation Group represented by Peter D Sunukjian Drinker Biddle & Reath Wells Fargo Ctr-North Twr 333 S Grand Ave, Ste 1700 Los Angeles, CA 90071 213-253-2300 LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas Martin Moore Drinker Biddle & Reath Wells Fargo Ctr-North Twr 333 S Grand Ave, Ste 1700 Los Angeles, CA 90071 213-253-2300 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Healthcare Financial Solutions represented by Mark P Epstein Poeschl Kohn & Epstein 825 Washington St, Ste 301
Oakland, CA 94607 510-874-1330 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Zelenkofske Axelrod & Co Ltd represented by F X Sean O'Doherty (See above for address) TERMINATED: 06/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kenneth R Heitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Layn R Phillips (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lissete Garcia Gates O'Doherty Gonter & Guy 700 S Flower, 11th Fl Los Angeles, CA 90017 213-892-6332 Fax: 213-892-2247 TERMINATED: 06/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michelle A Jenkins Gates O'Doherty Gonter & Guy 700 S Flower, 11th Fl Los Angeles, CA 90017 213-892-6332 TERMINATED: 06/17/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Claimant
Bruce Talley represented by Robert Scott Dreher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven M Green (See above for address) TERMINATED: 05/20/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Cross Defendant
James E Iverson represented by Richard D Gluck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Jerome E Tabolich represented by William McDonald Miller, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Edward J Hentges
Cross Defendant
Kenneth R Larsen
Cross Defendant
Steven W Erickson
Cross Defendant
Paul R Ekholm
Cross Defendant
James F Dlugosh represented by Kevin W Alexander (See above for address) TERMINATED: 08/18/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lindsay G Arthur, Jr Arthur Chapman Kettering Smetak & Pikala
500 Young Quinlan Bldg 81 South Ninth St Minneapolis, MN 55402-3214 612-339-3500 TERMINATED: 08/18/2003 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Victor P Dhooge
Cross Defendant
MM&S Financial Inc
Cross Defendant
Kenneth Halloran
Cross Defendant
Kenneth, -
Cross Defendant
Kenneth Dawkins, - represented by Kevin W Alexander (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lindsay G Arthur, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Tom S Nelson
Cross Defendant
James Clarey represented by Lindsay G Arthur, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Mary Jo Brenden
Cross Defendant
Daniel Dill
Defendant
U.S. Trust Corporation represented by Steven W Bacon Hill Farrer & Burrill 300 S Grand Ave, 37th Fl Los Angeles, CA 90071-3147 213-620-0460 Fax: 213-624-4840 ATTORNEY TO BE NOTICED
Defendant
Does 1-10 Inclusive
Cross Claimant
U S Trust Company N A
Cross Claimant
U.S. Trust Corporation
V.
Cross Defendant
Roes 1-10 Inclusive
Cross Defendant
Heartland Group Inc
Cross Defendant
Heartland Holdings Inc
Cross Defendant
Heartland Advisors Inc
Cross Defendant
Foley & Lardner
TERMINATED: 05/13/2004
Cross Defendant
Wildman Harrold Allen & Dixon TERMINATED: 05/13/2004
Cross Defendant
Fulbright & Jaworski TERMINATED: 05/13/2004
Cross Defendant
Atkinson Andelson Loya Ruud & Romo
Cross Defendant
Green De Bortnowsky & Quintanilla LLP
Cross Defendant
Joel T Boehm represented by Charles R Grebing Wingert Grebing Brubaker & Ryan 600 W Broadway, 7th Fl San Diego, CA 92101-3370 619-232-8151 Email: [email protected]
Cross Defendant
John M Clarey
Cross Defendant
Victor P Dhooge
Cross Defendant
James Iverson
Cross Defendant
Kasirer Yeladim Holdings LLC
Cross Defendant
Kasirer Family Holdings #4 represented by Gary Kurtz
(See above for address)
Cross Defendant
JKRK (Ramon) LLC
Cross Defendant
Health Care Continuum, LLC
Cross Defendant
HCH Investments LLC
Cross Defendant
Clinical Data Analytics Inc
Cross Defendant
CentraLink LLC
Cross Defendant
Academic Clinical Associates Inc
Cross Defendant
Ramiro Lozano
Cross Defendant
Geraldine K Ostlund
Cross Defendant
Leo Dierckman
Cross Defendant
JDDJ Holdings L P
Cross Defendant
CareContinuum LLC
Cross Defendant
Health Care Holdings LLC
Cross Defendant
Debra S Kasirer
Cross Defendant
Robert A Kasirer
Cross Defendant
Heritage Acceptance Corporation
Cross Defendant
Heritage Housing V Inc
Cross Defendant
Heritage Housing Development Inc
Cross Defendant
Berman, Bertolini & Cestarte, Inc
Cross Defendant
Marshall Wexler
Cross Defendant
Clarke Underwood
Cross Defendant
Herbert T Saltzman
Cross Defendant
Larry Rubin, -
Cross Defendant
Cary Medill, - represented by Cary Medill, - 9454 Wilshire Boulevard, 6th Floor Beverly Hills, CA 90212 310-273-4001 PRO SE
Cross Defendant
Estate of Andrew Kornreich
Cross Defendant
Evan Greenspan
Cross Defendant
Stephen P Goodman
Cross Defendant
Donald B Chalker
Cross Defendant
Virgil Lim represented by Roman P Mosqueda Roman P Mosqueda Law Offices 3350 Wilshire Blvd, Ste 735 Los Angeles, CA 90010-1824 213-252-9481 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Jerold V Goldstein
Cross Defendant
Onofrio V Bertolini
Cross Defendant
Estate of Emery Rubin represented by David R Schwarcz David R Schwarcz Law Offices Trident Center 11355 W Olympic Blvd, Ste 100 Los Angeles, CA 90064 310-914-1770 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cross Defendant
Desert Hot Springs Public Financing Authority
TERMINATED: 04/29/2004
Cross Defendant
City of Chicago TERMINATED: 04/29/2004
Cross Defendant
City of Mexico Beach TERMINATED: 04/29/2004
Cross Defendant
Tarrant County Health Facilities Development Corporation TERMINATED: 04/29/2004
Cross Defendant
Danforth Health Facilities Corporation TERMINATED: 04/29/2004
Date Filed # Docket Text
06/29/2001 1 COMPLAINT filed Summons(es) issued referred to Discovery Rosalyn M. Chapman (jag) (Entered: 07/06/2001)
06/29/2001 2 CERTIFICATE OF INTERESTED PARTIES filed by plaintiffs (jag) (Entered: 07/06/2001)
07/06/2001 3 STANDING ORDER with regard to newly assigned cases by Judge Dickran Tevrizian (see document for details) (bp) (Entered: 07/09/2001)
07/09/2001 138 REPLY by plaintiffs to opposition to ex parte application for order clarifying, correcting, or reconsidering ruling on motion to dismiss [134-1] (jp) (Entered: 07/10/2002)
10/24/2001 4 FIRST AMENDED COMPLAINT [1-1] by plaintiffs;adding Heritage Housing, Health Care Holdings, Carecontinumm LLC, Heritage Acceptance, Affiliated Metro, Valuation Counselors, Robert Kasirer, Jerold Goldstein; jury demand. Summons issued (jp) (Entered: 10/26/2001)
10/24/2001 5 CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiffs Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea (jp) (Entered: 10/26/2001)
10/31/2001 6 PROOF OF SERVICE executed upon defendant Robert Kasirer; Service by Federal on 10/24/01 via personal svc by serving 1st A/C & Summons (jp) (Entered: 11/01/2001)
10/31/2001 7 PROOF OF SERVICE executed upon defendant Heritage Housing Development Inc; Service by Federal on 10/26/01 via Personal svc by serving 1st A/C & Summons to Merk G. Johnson on Winslead, Sechrest & Minnick Law Firm (jp) (Entered: 11/01/2001)
10/31/2001 8 PROOF OF SERVICE executed upon defendant Heritage Healthcare of America Inc; Service by Federal on 10/26/01 via Personal svc by serving 1st A/C & Summons to Mark G. Johnson of Winstead, Sechrest & Minnich Law Firm (jp) (Entered: 11/01/2001)
10/31/2001 9 PROOF OF SERVICE executed upon defendant Heritage Geriatric IX, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons Mark G. Johnson of Winstead, Sechrest & Minnich Law Firm (jp) (Entered: 11/01/2001)
10/31/2001 10 PROOF OF SERVICE executed upon defendant Heritage Geriatric VIII, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons to Mark G. Johnson of Winstead, Sechrest & Minnick Law Firm (jp) (Entered: 11/01/2001)
10/31/2001 11 PROOF OF SERVICE executed upon defendant Heritage Geriatric VII, Inc.; Service by Federal Statute 10/26/01 via Personal svc by serving 1st A/C & Summons to Mark G. Johnson of Winstead, Sechrest & Minnick Law Firm (jp) (Entered: 11/01/2001)
10/31/2001 12 PROOF OF SERVICE executed upon defendant Heritage Care of Chicago, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons to Linda Werner, Registered Agent (jp) (Entered: 11/01/2001)
10/31/2001 13 PROOF OF SERVICE executed upon defendant Heritage Acceptance Corporation; Service by Federal Statute on 10/25/01 via Personal svc by serving 1st A/C & Summons JOanne Maymi, Registered Agent; Proof of Service Affidavit attached (jp) (Entered: 11/01/2001)
10/31/2001 14 RETURN OF ORIGINAL OF SUMMONS AND PROOF OF SERVICE executed upon defendant Healthcare Holdings, LLC; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons Ann Mock, Auth to accept (jp) (Entered: 11/01/2001)
10/31/2001 15 PROOF OF SERVICE executed upon defendant Health Care Holdings, LLC; Service by Federal Statute on 10/24/01 via Personal svc by serving 1st A/C & Summons Robert A Kasirer, Auth agent for svc of proc. (jp) (Entered: 11/01/2001)
10/31/2001 16 RETURN OF ORIGINAL OF SUMMONS AND PROOF OF SERVICE executed upon defendant Carecontinumm LLC; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons to Ann Mock, Auth to accept (jp) (Entered: 11/01/2001)
10/31/2001 17 PROOF OF SERVICE executed upon defendant Carecontinumm LLC; Service by Federal Statute on 10/24/01 via Personal svc by serving 1st A/C & Summons to Robert A. Kasirer, Auth Agent (jp) (Entered: 11/01/2001)
10/31/2001 18 PROOF OF SERVICE executed upon defendant Affiliated Metropolitan Contractors, Inc.; Service by Federal Statute on 10/25/01 via Personal svc by
serving 1st A/C & Summons to Stacy Roberts, Registered Agent (jp) (Entered: 11/01/2001)
10/31/2001 19 PROOF OF SERVICE executed upon defendant Valuation Counselors Group, Inc.; Service by Federal Statute on 10/25/01 via Personal svc by serving 1st A/C & Summons to Vivian Imperial, Registered Agent (jp) (Entered: 11/01/2001)
11/02/2001 20 PROOF OF SERVICE executed upon defendant Heritage Housing Development Inc; Service by Federal on 10/24/01 via Personal Service by serving Summons & 1st amended complaint to Jerold Goldstein, Authorized Agent for service of process (pc) (Entered: 11/05/2001)
11/02/2001 21 PROOF OF SERVICE executed upon defendant Heritage Healthcare Of America Inc; Service by Federal on 10/24/01 via Personal Service by serving Summons & 1st Amended Complain to Jerold Goldstein, Authorized Agent for service of process (pc) (Entered: 11/05/2001)
11/02/2001 22 PROOF OF SERVICE executed upon defendant Jerold Goldstein; Service by Federal on 10/24/01 via Personal Service by serving Summons & 1st Amended complaint (pc) (Entered: 11/05/2001)
11/07/2001 23 PROOF OF SERVICE executed upon defendant U S Trust Co of TX N.A.; Service by Federal Statute 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Brad A. Carson, Senior Vice-president of U.S. Trust Co of TX N.A (jp) (Entered: 11/08/2001)
11/07/2001 24 PROOF OF SERVICE executed upon defendant Heritage Housing Development Inc; Service by Federal Statute on 10/26/01 via personal svc by serving 1st A/C & Summons on 1st A/C to its Receiver, Texas Camelot Healthcare, Inc., c/o Patricia Wilson, an Officer. (jp) (Entered: 11/08/2001)
11/07/2001 25 PROOF OF SERVICE executed upon defendant Heritage Healthcare of America Inc; Service by Federal Statute on 10/25/01 via personal svc by serving 1st A/C & Summons on 1st A/C to Geri Ostland, Agent for Svc of process. (jp) (Entered: 11/08/2001)
11/07/2001 26 PROOF OF SERVICE executed upon defendant Heritage Healthcare of America Inc; Service by Federal Statutes on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to James L. Turner, Registered Agent for svc of process. (jp) (Entered: 11/08/2001)
11/07/2001 27 PROOF OF SERVICE executed upon defendant Heritage Healthcare of America Inc; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to its Receiver, Texas Camelot Healthcare Inc c/o Patricia Wilson, an Officer. (jp) (Entered: 11/08/2001)
11/07/2001 28 PROOF OF SERVICE executed upon defendant Heritage Geriatric Housing Development IX, Inc.; Service by Federal Statute on 10/25/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Geri Ostland, Agent for Svc of Process. (jp) (Entered: 11/08/2001)
11/07/2001 29 PROOF OF SERVICE executed upon defendant Heritage Geriatric Housing Developemtn IX, Inc.; Service by Federal Statute on 10/24/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Jerold Goldstein as an officer (jp)
(Entered: 11/08/2001)
11/07/2001 30 PROOF OF SERVICE executed upon defendant Heritage Geriatric Housing Development IX, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to its Receiver Texas Camelot Healthcare, Inc., c/o Patricia Wilson, an officer. (jp) (Entered: 11/08/2001)
11/07/2001 31 PROOF OF SERVICE executed upon defendent Heritage Geriatric Housing Development VIII, Inc.; Service by Federal Statute on 10/25/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Geri Ostland, Agent for Svc of Process. (jp) (Entered: 11/08/2001)
11/07/2001 32 PROOF OF SERVICE executed upon defendant Heritage Geriatric Housing Development VIII, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to its Receiver, Texas Camelot Healthcare, Inc., c/o Patricia Wilson, an Officer. (jp) (Entered: 11/08/2001)
11/07/2001 33 PROOF OF SERVICE executed upon defendant Heritage Geriatric Housing Development VII, Inc.; Service by Federal Statute on 10/25/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Geri Ostland, Agent for Svc of Process. (jp) (Entered: 11/08/2001)
11/07/2001 34 PROOF OF SERVICE executed upon defendant Heritage Geriatric Housing Development VII, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to its Receiver, Texas Camelot Healthcare, Inc., c/o Patricia Wilson, an Officer. (jp) (Entered: 11/08/2001)
11/07/2001 35 PROOF OF SERVICE executed upon defendant Heritage Care of Sarasota, Inc; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Tara Scheve, Legal Secretary. (jp) (Entered: 11/08/2001)
11/07/2001 36 PROOF OF SERVICE executed upon defendant Heritage Care of Sarasota, Inc.; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Joe Hembree, Receiver of Heritage Care of Sarasota, Inc. (jp) (Entered: 11/08/2001)
11/07/2001 37 PROOF OF SERVICE executed upon defendant Heritage Care of Sarasota Inc.; Service by Federal Statute on 10/24/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Jerold Goldstein, Principal of Heritage Care of Sarasota, Inc. (jp) (Entered: 11/08/2001)
11/07/2001 38 PROOF OF SERVICE executed upon defendant Heritage Care of Chicago Inc.; Service by Federal Statute on 10/24/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Jerold Goldstein, as an officer (jp) (Entered: 11/08/2001)
11/07/2001 39 PROOF OF SERVICE executed upon defendant Heritage Acceptance Corporation; Service by Federal Statute on 10/26/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Jerold Goldstein, as an Officer (jp) (Entered: 11/08/2001)
11/07/2001 40 PROOF OF SERVICE executed upon defendant Carecontinuum LLC; Service by Federal Statutes on 10/25/01 via Personal svc by serving 1st A/C & Summons on 1st A/C to Jeff Head, Auth Agent for Svc of Process. (jp) (Entered: 11/08/2001)
11/16/2001 41 PROOF OF SERVICE executed upon defendant Health Care Holdings LLC;
Service by State on 10/26/01 via substituted service by serving Summons & 1st amd complaint to Guy Vestal, Agent for Service c/o John Doe, Person in charge of usual place of mailing other than a U.S. Post Office ("mailboxes, etc." White Male, 50 yrs, 6'0", 190 lbs; by mail service (pc) (Entered: 11/19/2001)
11/16/2001 42 PROOF OF SERVICE executed upon U.S. Trust Corporation N.A.; Service by Federal on 10/25/01 via Personal service by serving Summons & 1st amd complaint to Yvonne Grey; Authorized agent for Service of Process (pc) (Entered: 11/19/2001)
11/16/2001 45 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer 1st amended complaint [4-1] to & incl 12/14/01 as to defendants U.S. Trust Corp (esa U.S. Trust Corp N.A.), U S Trust Co of TX (jp) (Entered: 11/26/2001)
11/19/2001 43 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer 1st amended complaint [4-1] up to & incl 12/14/01 as to defendants Jerold Goldstein, Heritage Healthcare, Heritage Geriatric, Heritage Geriatric VIII, Heritage Geriatric IX, Heritage Care, Heritage Care Inc, Heritage Housing, Heritage Acceptance (jp) (Entered: 11/19/2001)
11/20/2001 44 PROOF OF SERVICE executed upon defendant Health Care Holdings, LLC; Service by Federal & State on 10/26/01 via Personal Service by serving Summons & First Amended Complaint to c/o Berkley, Gordon Levine, Goldstein & Garfinkel, LLP Agent for service, to Louis E Garfinkel, Esq (pc) (Entered: 11/21/2001)
12/03/2001 46 STIPULATION filed to extend time to answer first amended complaint [4-1] up to & including 12/14/01 as to defendant Valuation Counselors (pc) Modified on 12/05/2001 (Entered: 12/05/2001)
12/12/2001 47 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer 1st A/C [4-1] to & incl 12/28/01 as to defendants U S Trust Company, U S Trust Co of TX & that the mandatory meeting of cnsl purs FRCP Rule 26 will be set for thirty (30) days after the answer is fld. (jp) (Entered: 12/14/2001)
12/14/2001 48 ANSWER filed by defendant CBIZ Valuation Inc dba CBIZ Valuation Counselors fka Valuation Counselors Grp Inc to 1st amended complaint [4-1]; jury demand (jp) (Entered: 12/18/2001)
12/14/2001 49 CERTIFICATION AS OF INTERESTED PARTIES filed by defendant CBIZ Valuation Inc dba CBIZ Valuation Counselors fka Valuation Counselors Grp Inc (jp) (Entered: 12/18/2001)
12/14/2001 50 NOTICE OF MOTION AND MOTION by defendant Jerold Goldstein to dismiss 1st A/C , or, in the alt, for more definite statement ; motion hearing set for 10:00 1/22/02 (jp) (Entered: 12/18/2001)
12/20/2001 51 EX PARTE APPLICATION filed by defendants U S Trust Company, US Trust Co of TX to extend time to answer 1st amended complaint [4-1] to & incl 1/27/02 as to defendants U S Trust Corporation esa US Trust Corporation, NA; U S Trust Company of Texas, NA ; Lodged Propsd Ord (ir) (Entered: 12/21/2001)
12/20/2001 52 MEMORANDUM of PA by defendants U S Trust Company, U S Trust Co of TX in support of ex parte application to extend time to answer 1st amended complaint
[4-1] to & incl 1/27/02 as to defendants U S Trust Corporation esa US Trust Corporation, NA; U S Trust Company of Texas, NA [51-1] (ir) (Entered: 12/21/2001)
12/20/2001 53 DECLARATION of Steven W Bacon by defendants U S Trust Company, U S Trust Co of TX re ex parte application to extend time to answer 1st amended complaint [4-1] to & incl 1/27/02 as to defendants U S Trust Corporation esa US Trust Corporation, NA; U S Trust Company of Texas, NA [51-1] (ir) (Entered: 12/21/2001)
12/21/2001 54 MEMORANDUM OF POINTS & AUTH IN OPPOSITION by plaintiffs to ex parte application to extend time to plead to the 1st A/C [4-1] [51-1] (jp) (Entered: 12/26/2001)
12/21/2001 55 DECLARATION of ROBERT J. FELDHAKE by plaintiffs in opp to ex parte application to extend time to answer 1st amended complaint [4-1] to & incl 1/27/02 as to defendants U S Trust Corporation esa US Trust Corporation, NA; U S Trust Company of Texas, NA [51-1] (jp) (Entered: 12/26/2001)
12/26/2001 56 ORDER by Judge Dickran Tevrizian granting ex parte application to extend time to answer 1st amended complaint [4-1] to & incl 1/27/02 as to defendants U S Trust Corporation esa US Trust Corporation, NA; U S Trust Company of Texas, NA [51-1]; and that the meeting of cnsl in this mtr mandated by Rule 26 of the Federal Rules of Civil Procedure will be set for 30 days after an answer is filed by the US Trust dfts. (twdb) (Entered: 12/27/2001)
12/26/2001 LODGED/PROPOSED ORDER gr exparte appl of dfts US Trust Corp & US Trust Co of Texas, N.A. for ext of time to plead to first A/C submitted .(FWD TO CRD) (twdb) (Entered: 12/27/2001)
12/28/2001 57 MINUTES: The court, on its own motion, hereby Orders plaintiffs, to show cause, in writing no later than January 11, 2002, why this action should not be dismissed for lack of prosecution by Judge Dickran Tevrizian CR: N/A (bp) (Entered: 01/02/2002)
01/08/2002 58 OPPOSITION by plaintiffs to motion to dismiss 1st A/C [50-1] or, in the alt, for more definite statement [50-2] (jp) (Entered: 01/09/2002)
01/09/2002 59 REQUEST filed by plaintiff for entry of default as to Heritage Healthcare, Heritage Geriatric, Heritage Geriatric VIII, Heritage Geriatric IX, Heritage Care of, Heritage Care Inc, Heritage Housing, Health Care Holdings (bp) (Entered: 01/10/2002)
01/09/2002 61 DECLARATION of Michelle R. Johnson by plaintiffs' in support of request to enter default [59-1] (bp) (Entered: 01/10/2002)
01/09/2002 62 REQUEST filed by plaintiff for entry of default as to Affiliated Metropolitan Contractors (bp) (Entered: 01/10/2002)
01/09/2002 63 DECLARATION of Michelle R. Johnson by plaintiff in support of request for entry of default as to Affiliated Metropolitan Contractors [62-1] (bp) (Entered: 01/10/2002)
01/10/2002 60 DEFAULT ENTERED as to defendants' Heritage Healthcare of America, Inc., Heritage Geriatric Housing Development VII, Inc., Heritage Geriatric VIII, Inc.,
Heritage Geriatric IX, Inc., Heritage Care of Chicago, Inc., Heritage Care of Sarasota, Inc, Heritage Housing Development, Inc., and Heritage Acceptance Corporation (sent) (bp) (Entered: 01/10/2002)
01/10/2002 64 DEFAULT ENTERED as to defendant Affiliated Metropolitan Contractors, Inc., (sent) (bp) (Entered: 01/10/2002)
01/10/2002 65 RESPONSE by plaintiffs to show cause re dismissal for lack of prosecution [57-1] (jp) (Entered: 01/11/2002)
01/11/2002 66 STIPULATION and ORDER by Judge Dickran Tevrizian re continuance of time to respond to operative complaint; It is Ord that the Kasirer dfts shall file their responsive pleading NLT [4-1] 2/11/02 (pc) (Entered: 01/14/2002)
01/15/2002 67 REPLY by defendant Jerold Goldstein to plfs' opposition to motion to dismiss 1st A/C [50-1], or in the alternative for a more definite statement [50-2] (nhac) (Entered: 01/16/2002)
01/22/2002 68 ORDER by Judge Dickran Tevrizian GRANT in part DENY in part motion to dismiss 1st A/C [50-1], [50-2]; Plfs first cause of action for violations of Section 10(b) of the Securities and Exchange Act of 1934 & Rule 10b-5 is dismissed w/out prejudice & w/30 days leave to amend; Dfts Mot to dismiss plfs' 11th cause of action for avoidance of fraudulent tranfers is denied; Dft's Mot to Dismiss Plfs' 12th cause of action for civil conspiracy re fraud is denied (pc) (Entered: 01/23/2002)
01/22/2002 69 MINUTES: GRANT in part DENY in part motion to dismiss 1st A/C [50-1]; Plf's first cuase of action is dismissed w/out prejudice and w/30 days leave to amend; by Judge Dickran Tevrizian; CR: Lori Muraoka (pc) (Entered: 01/23/2002)
02/08/2002 70 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering application of counsel submitted received on 2/7/02 is not to be fld but instead rejected; (bp) (Entered: 02/13/2002)
02/15/2002 71 NOTICE OF ASSOCIATION of Counsel that Law Offices of Even, Crandall, Wade, Lowe & Gates hereby assoc as cnsl of record the Law Offices of Gates, O'Doherty, Gonter & Guy on behalf defendant Valuation Counselors; Fur Ntc that all future pldgs should be sent to Gates, O'Doherty, Gonter & Guy, 700 S. Flower, 11th Flr., Los Angeles, CA 90017. Telephone #: 213-892-6332. FAX #: 213-892-2247. (jp) (Entered: 02/20/2002)
02/20/2002 72 STIPULATION and ORDER by Judge Dickran Tevrizian that the time w/in which plaintiffs must file their 2nd A/C shall be extending an additional fifteen (15 days, to & including 3/8/02 (jp) (Entered: 03/04/2002)
03/11/2002 73 STIPULATION and ORDER by Judge Dickran Tevrizian: it is hereby Ord that the time w/in which plfs Betker Partners One, LP, Betker Partners Three, LP, Betker Family Trust, Lori O'Shea, and Michael O'Shea msut file their 2nd A/C shall be extended an additional 10 days, to and including 3/18/02 (pc) (Entered: 03/13/2002)
03/18/2002 74 CERTIFICATE OF INTERESTED PARTIES filed by plfs Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea (pc) (Entered: 03/19/2002)
03/18/2002 75 SECOND AMENDED COMPLAINT [4-1] by plaintiffs; terminating defendant Heritage Rancho; adding O V Bertolini, Bruce Talley, Debra Kasirer, Canon Realty Corp; jury demand. Summons issued (pc) (Entered: 03/19/2002)
03/21/2002 76 PROOF OF SERVICE executed upon defendant Debra Kasirer Trust; Service by State Statute on 3/18/02 via Personal svc by serving 2nd A/C & Summons on 2nd A/C to defendant Debra Kasirer Trust (jp) (Entered: 03/22/2002)
03/21/2002 77 PROOF OF SERVICE executed upon defendant Debra Kasirer, individually; Service by State Statute on 3/18/02 via Personal svc by serving 2nd A/C & Summons on 2nd A/C to Debra Kasirer (jp) (Entered: 03/22/2002)
03/21/2002 78 PROOF OF SERVICE executed upon defendant O V Bertolini; Service by State Statute on 3/18/02 via Personal svc by serving 2nd A/C & Summons on 2nd A/C to O.V. Bertolini (jp) (Entered: 03/22/2002)
03/21/2002 79 PROOF OF SERVICE executed upon defendant Bruce Talley; Service by State Statute on 3/19/02 via Personal svc by serving 2nd A/C & Summons on 2nd A/C to defendant Bruce Talley (jp) (Entered: 03/22/2002)
03/22/2002 80 RETURN OF SUMMONS AND PROOF OF SERVICE executed upon defendant Canon Realty Corp; Service by CCCP on 3/18/02 by personally serving 2nd amended S/C to Debra Kasirer, as principal of Canon Drive. (bp) (Entered: 03/25/2002)
04/03/2002 81 RETURN OF SERVICE AFFIDAVIT executed upon defendant Canon Realty Corporation; Service by Not Specified on 3/20/02 via Personal Service by serving S/C to Mary Messina, Process Agent (pc) (Entered: 04/04/2002)
04/04/2002 82 SUBSTITUTION OF ATTORNEY: terminating attorney William E Crockett for Jerold Goldstein by defendant Jerold Goldstein and substituting attorney Michael C Robinson Jr by Judge Dickran Tevrizian (jp) (Entered: 04/05/2002)
04/11/2002 83 STIPULATION and ORDER by Judge Dickran Tevrizian that defendants shall have an extension of time to answer or otherwise respond to the 2nd amended complaint [75-1] up to & including 5/1/02 (jp) (Entered: 04/15/2002)
04/23/2002 84 EX PARTE APPLICATION filed by defendants U S Trust Corp (erroneously sued & svd herein as U.S. Trust Corp, N.A., U S Trust Co of TX for order extending time to plead to the 2nd A/C ; Lodged Propsd Ord (jp) (Entered: 04/23/2002)
04/23/2002 85 MEMORANDUM OF POINTS & AUTH by defendants U S Trust Corp (erroneously sued & svd herein as U.S. Trust Corp, N.A.), U S Trust Co of TX in suppt of ex parte application for order extending time to plead to the 2nd A/C [84-1] (jp) (Entered: 04/23/2002)
04/23/2002 86 DECLARATION of STEVEN W. BACON by defendant U S Trust Corp, erroneously sued & svd herein as U.S. Ttrust Corp, N.A., U S Trust Co of TX in suppt of ex parte application for order extending time to plead to the 2nd A/C [84-1] (jp) (Entered: 04/23/2002)
04/24/2002 87 DECLARATION of ROBERT J. FELDHAKE by plaintiffs in suppt of opp to the ex parte application for order extending time to plead to the 2nd A/C [84-1] (jp) (Entered: 04/25/2002)
04/24/2002 88 OPPOSITION by plaintiffs to ex parte application for order extending time to plead to the 2nd A/C [84-1] (jp) (Entered: 04/25/2002)
04/25/2002 89 ORDER by Judge Dickran Tevrizian granting ex parte application for order extending time to plead to the 2nd A/C [84-1], time w/in which dfts must answer or otherwise plead to 2nd amended complaint shall be extended an additional 60 days, to and including 6/30/02 (pc) (Entered: 04/26/2002)
05/01/2002 90 NOTICE OF MOTION AND MOTION by defendant O V Bertolini to dismiss ; motion hearing set for 10:00 4/24/02 (jp) (Entered: 05/01/2002)
05/01/2002 91 NOTICE OF MOTION AND MOTION by defendant Jerold Goldstein to dismiss 1st cause of actn from the 2nd A/C , or, in the alt, for a more definite statement ; motion hearing set for 10:00 6/10/02; Lodged Order (jp) (Entered: 05/01/2002)
05/01/2002 92 MOTION to dismiss 1st cause of actn from the 2nd A/C [91-1] or, in the alt, for a more definite statement [91-2] filed by defendant Jerold Goldstein (jp) (Entered: 05/01/2002)
05/01/2002 93 JOINDER by defendant O V Bertolini joining defendant Jeroald Goldstein's motion to dismiss 1st cause of actn from the 2nd A/C [91-1] or, in the alt, for a more definite statement [91-2] (jp) (Entered: 05/01/2002)
05/01/2002 94 NOTICE OF MOTION AND MOTION by defendant Bruce Talley to compel arbitration ; motion hearing set for 10:00 6/24/02; Lodged Order (jp) (Entered: 05/01/2002)
05/01/2002 95 MOTION to compel arbitration [94-1] filed by defendant Bruce Talley (jp) (Entered: 05/01/2002)
05/01/2002 96 MEMORANDUM OF POINTS & AUTH by defendant Bruce Talley in suppt of motion to compel arbitration [94-1] (jp) (Entered: 05/01/2002)
05/01/2002 97 DECLARATION of STEVEN M. GREEN by defendant Bruce Talley in suppt of motion to compel arbitration [94-1] (jp) (Entered: 05/01/2002)
05/01/2002 98 DECLARATION of BRUCE TALLEY by defendant Bruce Talley in suppt of motion to compel arbitration [94-1] (jp) (Entered: 05/01/2002)
05/01/2002 99 PROOF OF SERVICE by defendant Bruce Talley on 4/30/02 of Ntc of mot; motion to compel arbitration; Memo of PA in suppt; Decl of Bruce Talley, Decl of Steven M. Green (jp) (Entered: 05/01/2002)
05/01/2002 102 NOTICE OF MOTION AND MOTION by dfts Robert Kasirer, Health Care Holdings, Carecontinumm LLC to dismiss 2nd amended complaint ; motion hearing set for 10:00 6/24/02; Lodged Proposed Order (pc) (Entered: 05/06/2002)
05/01/2002 103 NOTICE OF MOTION AND MOTION by dfts Debra Kasirer, Canon Realty Corp to dismiss 13th cause of action for avoidance of fraudelent transfers ; motion hearing set for 10:00 6/24/02; Lodged Proposed Order (pc) (Entered: 05/06/2002)
05/01/2002 104 REQUEST by dfts Health Care Holdings, Carecontinumm LLC, Robert Kasirer, Debra Kasirer, Canon Realty Corp for Judicial Notice in support of motions to dismiss 13th cause of action for avoidance of fraudelent transfers [103-1], & to dismiss 2nd amended complaint [102-1] (pc) (Entered: 05/06/2002)
05/02/2002 101 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer second amended complaint [75-1] up to & including to 5/6/02 as to defendant Valuation Counselors (pc) (Entered: 05/06/2002)
05/03/2002 100 NOTICE OF INTERESTED PARTIES filed by dfts Robert Kasirer, Health Care Holdings, Carecontinumm LLC, Debra Kasirer, Canon Realty Corp (pc) (Entered: 05/06/2002)
05/06/2002 105 NOTICE OF MOTION AND MOTION by defendant Valuation Counselors to dismiss ; motion hearing set for 10:00 6/10/02 (jp) (Entered: 05/07/2002)
05/06/2002 106 CERTIFICATION AS TO INTERESTED PARTIES filed by defendant Valuation Counselors (jp) (Entered: 05/07/2002)
05/22/2002 107 STIPULATION and ORDER by Judge Dickran Tevrizian that the hrg on dft Jerold Goldstein's motion to dismiss 1st cause of actn from the 2nd A/C [91-1] or, in the alt, for a more definite statement [91-2] are CONT to 10:00 on 6/24/02; IT IS FUR ORD that the briefing scheduling shall remain the same. (jp) (Entered: 05/23/2002)
05/28/2002 108 NOTICE OF INTERESTED PARTIES filed by plaintiffs (jp) (Entered: 05/29/2002)
05/28/2002 109 NOTICE OF ENTRY by defendant Jerold Goldstein of Stip & Ord to cont dft Jerold Goldstein's motion to dismiss dated 05/22/02 (jp) (Entered: 05/29/2002)
05/28/2002 110 OPPOSITION by plaintiffs to dft Jerold Goldstein motion to dismiss 1st cause of actn from the 2nd A/C [91-1] or, in the alt, for a more definite statement [91-2], and O.V. Bertolini motion to dismiss [90-1] (jp) (Entered: 05/29/2002)
05/28/2002 111 REQUEST by plaintiff for Judicial Notice in suppt of plfs opp to dft motion to dismiss [105-1] (jp) (Entered: 05/29/2002)
05/28/2002 112 OPPOSITION by plaintiffs to dft Valuation Counselors Grp Inc's motion to dismiss [105-1] (jp) (Entered: 05/29/2002)
05/31/2002 113 NOTICE OF INTERESTED PARTIES filed by defendant Jerold Goldstein (nhac) (Entered: 06/03/2002)
05/31/2002 114 REPLY by defendant Jerold Goldstein to plf's opp to motion to dismiss 1st cause of actn from the 2nd A/C [91-1], or in the alternative, for a more definite statement [91-2] (nhac) (Entered: 06/03/2002)
06/05/2002 115 REPLY by defendant Valuation Counselors to plfs opposition to motion to dismiss [105-1] (jp) (Entered: 06/06/2002)
06/10/2002 116 NOTICE OF INTERESTED PARTIES filed by plaintiffs (nhac) (Entered: 06/11/2002)
06/10/2002 117 OPPOSITION by plaintiffs to dft Bruce Tally's motion to compel arbitration [94-1]; Memo of P/A & Decl of Daniel M Harkins (nhac) (Entered: 06/11/2002)
06/10/2002 118 EVIDENTIARY OBJECTIONS by plaintiffs to decls of Steven M Green & Bruce Talley in suppt of dft's motion to compel arbitration [94-1] (nhac) (Entered: 06/11/2002)
06/10/2002 119 OPPOSITION by plaintiffs to dfts Debra Kasirer & Canon Realty Corp's motion to dismiss [103-1]; Memo of P/A (nhac) (Entered: 06/11/2002)
06/10/2002 120 OPPOSITION by plaintiffs to dfts Robert Kasirer, Health Care Holding, Carecontinuum & OV Bertolini's motion to dismiss [102-1] (nhac) (Entered: 06/11/2002)
06/17/2002 121 REPLY MEMORANDUM by dfts Robert Kasirer, Health Care Holdings, Carecontinumm LLC in suppt of motion to dismiss 2nd A/C [91-1], & for a more definite statement [91-2] (nhac) (Entered: 06/17/2002)
06/17/2002 122 REPLY MEMORANDUM by dfts Debra Kasirer, Canon Realty Corp in suppt of motion to dismiss 2nd A/C [91-1], & for a more definite statement [91-2] (nhac) (Entered: 06/17/2002)
06/17/2002 123 SUPPLEMENTAL REQUEST by dfts Health Care Holdings, Carecontinumm LLC, Robert Kasirer, Debra Kasirer, Canon Realty Corp for Judicial Notice re motion to dismiss [102-1] (nhac) (Entered: 06/17/2002)
06/18/2002 124 NOTICE OF INTERESTED PARTIES filed by defendant Bruce Talley (bp) (Entered: 06/19/2002)
06/18/2002 125 PROOF OF SERVICE by defendant Bruce Talley on 6/17/02 of notice of interested parties (bp) (Entered: 06/19/2002)
06/18/2002 126 REPLY MEMORANDUM OF P/A by defendant Bruce Talley in suppt of motion to compel arbitration [94-1] (mch) (Entered: 06/20/2002)
06/18/2002 133 PROOF OF SERVICE on 6/17/02 of reply memorandum of points & authorities in support of motion to compel. (bp) (Entered: 06/26/2002)
06/24/2002 127 MINUTES: denying motion to compel arbitration [94-1], GRANT in part DENY in part motion to dismiss 13th cause of action for avoidance of fraudelent transfers [103-1], granting motion to dismiss 2nd amended complaint [102-1], granting motion to dismiss 1st cause of actn from the 2nd A/C [91-1], granting motion for a more definite statement [91-2], granting motion to dismiss [90-1], denying motion to dismiss [105-1] by Judge Dickran Tevrizian CR: Cynthia Mizzell (rrey) (Entered: 06/25/2002)
06/24/2002 PLACED IN FILE - NOT USED; Ord ldg by dft Bruce Talley on 5/1/02 (rrey) (Entered: 06/25/2002)
06/24/2002 PLACED IN FILE - NOT USED; Propsd Ord gr dfts mot to dism ldg on 5/1/02 (rrey) (Entered: 06/25/2002)
06/24/2002 PLACED IN FILE - NOT USED; Propsd Ord ldg on 5/1/02 (rrey) (Entered: 06/25/2002)
06/24/2002 PLACED IN FILE - NOT USED; Propsd Ord granting dfts mot to dism rcvd but not fld on 5/1/02 (rrey) (Entered: 06/25/2002)
06/24/2002 128 ORDER by Judge Dickran Tevrizian denying motion to compel arbitration [94-1] (ENT 6/25/02) (rrey) (Entered: 06/25/2002)
06/24/2002 129 ORDER by Judge Dickran Tevrizian granting certain dfts suppl req for judicial ntc;
GRANT in part DENY in part motion to dismiss 2nd amended complaint [102-1]; plfs 1st cause of actn dism in part w/ prej & in part w/o prej & w/ 30 days lv to amd; 2nd cause of actn denied; 12th cause of actn denied; ruling applies to dft O V Bertolini insofar as that dft joined in the present mot (ENT 6/25/02) (rrey) (Entered: 06/25/2002)
06/24/2002 130 ORDER by Judge Dickran Tevrizian granting certain dfts req for judicial ntc & motion to dismiss 13th cause of action for avoidance of fraudelent transfers [103-1] (rrey) Modified on 06/25/2002 (Entered: 06/25/2002)
06/24/2002 131 ORDER by Judge Dickran Tevrizian granting motion to dismiss 1st cause of actn from the 2nd A/C [91-1], for a more definite statement [91-2] (rrey) Modified on 06/25/2002 (Entered: 06/25/2002)
06/24/2002 132 ORDER by Judge Dickran Tevrizian denying motion to dismiss [105-1] (ENT 6/25/02) (rrey) (Entered: 06/25/2002)
07/01/2002 134 EX PARTE APPLICATION filed by plaintiff for order clarifying, correcting, or reconsidering ruling on motion to dismiss Lodged proposed order (bp) (Entered: 07/03/2002)
07/03/2002 135 OPPOSITION by defendants Robert Kasirer, Health Care Holdings, Carecontinumm LLC to plfs ex parte application for order clarifying, correcting, or reconsidering ruling on motion to dismiss [134-1] (jp) (Entered: 07/08/2002)
07/08/2002 136 ORDER by Judge Dickran Tevrizian DENYING ex parte appl for order clarifying, correcting, or reconsidering ruling on motion to dismiss [134-1] (jp) (Entered: 07/09/2002)
07/09/2002 137 ORDER by Judge Dickran Tevrizian DENYING the ex parte application for order clarifying, correcting, or reconsidering ruling on motion to dismiss of dfts, Robert Kasirer, et al. of 06/24/02 [134-1] (jp) (Entered: 07/10/2002)
07/12/2002 139 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/24/02 (Re:), CR: Cynthia Mizell. (wdc) (Entered: 07/15/2002)
07/12/2002 TRANSCRIPT filed for proceedings held on 6/24/02. (wdc) (Entered: 07/15/2002)
07/22/2002 140 MINUTES before Judge Dickran Tevrizian: (1) Plf's mot to enter PTCO No. 1. Hrg held on the above-referenced mtr. The Crt orders the mot: Granted in part & Denied in part as to mot #: 1. Crt Ords the fol cases consolidated 2:01-cv-5752 with member cases 2:02-cv-382, 2:02-cv-993, 2:02-cv-2745. Crt fur Ords that CV 01-5752 DT shall srv as the lead cases. Crt sets status conf for 08/05/02 @ 9:30. The clk is instructed to give ntc to all cnsl of record in ea actn. CR: Lori Muraoka (jp) (Entered: 07/24/2002)
07/22/2002 141 DUPLICATE ORIGINAL ORDER by Judge Dickran Tevrizian that plf's motion to enter proposed Pretrial Order No. 1 is GRANTING in part & DENYING in part (jp) (Entered: 07/24/2002)
07/24/2002 142 CERTIFICATE AS TO INTERESTED PARTIES filed by defendant Valuation Counselors (jp) (Entered: 07/25/2002)
07/24/2002 143 ANSWER filed by defendant Valuation Counselors to 2nd amended complaint [75-
1]; jury demand (jp) (Entered: 07/25/2002)
07/24/2002 144 THIRD AMENDED COMPLAINT [75-1] by plaintiffs; adding Bank of New York Inc, Heritage Housing V, BMHC Corp, JDDJ Holdings LP, James E Iverson, Victor P Dhooge, John M Clarey, James F Dlugosh, Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm, Joel T Boehm, Sabo & Green, Coddington Appraisal, Capital Valuation, Healthcare Financial, Zelenkofske Axelrod; jury demand. Summons not issued (jp) (Entered: 07/25/2002)
07/26/2002 SUMMONS issued on 3rd A/C (jp) (Entered: 07/29/2002)
07/26/2002 145 PROOF OF SERVICE by plaintiffs Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea on 7/24/02 of 3rd A/C (jp) (Entered: 07/29/2002)
08/05/2002 146 MINUTES before Judge Dickran Tevrizian: Status conf is held. Crt sets fur status conf set for 10/7/02 @ 9:30. Cnsl Brian Barry shall give ntc to Illinois cnsl, & cnsl in the San Diego actn. Dfts shall file their resp to the Betkers 3rd A/C NLT 8/26/02. Cnsl to file a consol A/C NLT 09/13/02. Cnsl instructed to meet & confer. Discovrey is ordered stayed. CR: Lori Muraoka (jp) (Entered: 08/08/2002)
08/12/2002 147 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 8/5/02 (Re: ) CR: Lori Muraoka (Toni Hudson/Excep reporting Svcs) (consol w/ CV 02-382 DT; CV 02-993 DT; CV 02-2745 DT) (weap) Modified on 08/14/2002 (Entered: 08/14/2002)
08/12/2002 TRANSCRIPT filed for proceedings held on 8/5/02 (weap) (Entered: 08/14/2002)
08/15/2002 148 PROOF OF SERVICE executed upon defendant Sabo & Green; Service by State Statute on 8/9/02 via Subst svc by serving Summons & 3rd A/C to Charles R. Green, Auth Agent for svc of process; On 08/09/02 by mail. (jp) (Entered: 08/16/2002)
08/15/2002 149 PROOF OF SERVICE executed upon defendant Charles R Green; Service by State Statute on 8/9/02 via Subst svc by serving Summons & 3rd A/C to Charles R. Green; On 08/09/02 by mail (jp) (Entered: 08/16/2002)
08/15/2002 150 PROOF OF SERVICE executed upon defendant Bank of New York Inc; Service by Federal Statute on 8/5/02 via Personal svc by serving Summons & 3rd A/C to Sheldon Eisenberg, Attorney (jp) (Entered: 08/16/2002)
08/15/2002 151 PROOF OF SERVICE executed upon defendants BMHC Corp, JDDJ Holdings LP; Service by Federal on 8/5/02 via by Mail & Facsimile by serving Summons & 3rd A/C to Steven J. Aaronoff, Attorney for BMHC Corp, & JDDJ Holdings LP (jp) (Entered: 08/16/2002)
08/15/2002 152 PROOF OF SERVICE executed upon defendant Timothy J Sabo, ESQ; Service by State Statute on 8/8/02 via Subst svc by serving Summons & 3rd A/C to Timothy J. Sabo, ESQ; On 08/08/02 by mail (jp) (Entered: 08/16/2002)
08/15/2002 153 PROOF OF SERVICE executed upon defendant Joel T Boehm; Service by State Statute on 8/7/02 via Personal svc by serving Summons & 3rd A/C to defendant Joel T. Boehm, (jp) (Entered: 08/16/2002)
08/15/2002 154 PROOF OF SERVICE executed upon Timothy J. Sabo, ESQ.; Service by State Statute on 8/8/02 via Subst svc by serving Summons & 3rd A/C to Timothy J. Sabo, Esq. (jp) (Entered: 08/16/2002)
08/23/2002 155 NOTICE OF MOTION AND MOTION by defendant U S Trust Corp, erroneously sued & svd herein as U.S. Trust Corp, N.A., U S Trust Co of TX to dismiss 3rd A/C (Betker Action) Purs to FRCP Rule 12(b)(6); motion hearing set for 10:00 10/7/02 (jp) (Entered: 08/26/2002)
08/23/2002 156 MEMORANDUM OF POINTS & AUTH by defendant U S Trust Corp, U.S Trust Co of TX in suppt of motion to dismiss 3rd A/C (Betker Action) [155-1] (jp) (Entered: 08/26/2002)
08/23/2002 157 REQUEST by defendants U S Trust Corp, U S Trust Co of TX for Judicial Notice in suppt of motion to dismiss 3rd A/C (Betker Action) [155-1] (VOLUME 1) (jp) (Entered: 08/26/2002)
08/23/2002 158 REQUEST by defendants U S Trust Company, U S Trust Co of TX for Judicial Notice in suppt of motion to dismiss 3rd A/C (Betker Action) [155-1] (VOLUME 2) (jp) (Entered: 08/26/2002)
08/23/2002 173 STIPULATION and ORDER by Judge Dickran Tevrizian that defendants Robert Kairer, Debra Kasirer, Canon Realty Corp, Health Care Holdings, Carecontinumm LLC shall have an extension of time to fle & srv responses up to & including 9/13/02 to 3rd amended complaint [144-1] (jp) (Entered: 09/03/2002)
08/26/2002 159 NOTICE OF MOTION AND MOTION by defendant Jerold Goldstein to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint , or in the alt for more definite statement ; motion hearing set for 10:00 9/23/02 (pc) (Entered: 08/27/2002)
08/26/2002 160 NOTICE OF motion to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint [159-1], or in the alt for more definite statement [159-2] filed by defendant Jerold Goldstein (pc) (Entered: 08/27/2002)
08/26/2002 161 REQUEST by defendant Jerold Goldstein for Judicial Notice in support of motion to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint [159-1], [159-2] (pc) (Entered: 08/27/2002)
08/26/2002 162 CERTIFICATE AS TO INTERESTED PARTIES filed by defendant Bruce Talley (jp) (Entered: 08/28/2002)
08/26/2002 163 ANSWER filed by defendant Bruce Talley to third amended complaint [144-1]; jury demand (jp) (Entered: 08/28/2002)
08/26/2002 164 CROSSCLAIM by defendant Bruce Talley against defendants James E Iverson, Jerome E Tabolich, Edward J Hentges, Kenneth R Larsen, Steven W Erickson, Paul R Ekholm, James F Dlugosh, Victor P Dhooge; crsdft MM&S Financial Inc, Kenneth Halloran, Kenneth Dawkins, Tom S Nelson, James Clarey, Mary Jo Brenden, Daniel Dill; Summons not issued (jp) (Entered: 08/28/2002)
08/26/2002 166 STIPULATION filed defendant Stephen P Goodman has an extention of time up to & including 10/09/02 to answer complaint [144-1] (jp) (Entered: 08/28/2002)
08/27/2002 165 PROOF OF SERVICE by defendant, cross-claimant Bruce Talley on 8/23/02 of Anser to 3rd A/C; Demand for J/T; Crossclaim; & certificate as to interest parties. (jp) (Entered: 08/28/2002)
08/27/2002 167 ANSWER filed by defendant Bank of New York, erroneously sued as Bank of New York, Inc., to 3rd amended complaint [144-1] (jp) (Entered: 08/28/2002)
08/27/2002 168 NOTICE OF INTERESTED PARTIES filed by defendant Bank of New York, erroneously sued as Bank of New York, Inc. (jp) (Entered: 08/28/2002)
08/27/2002 169 STIPULATION and ORDER by Judge Dickran Tevrizian dfts Joel T Boehm, Sabo & Green shall have up to & incl 9/13/02 to file a resp pldg to plfs 3rd amended complaint [144-1] (jp) (Entered: 08/29/2002)
08/29/2002 170 AMENDED NOTICE OF MOTION to dismiss first cause of action, the 1st, 4th, & 7th cause of action for the 3rd A/C [159-1] or, in the alt, for more definite statement [159-2] filed by defendant Jerold Goldstein (jp) (Entered: 08/30/2002)
08/30/2002 171 CERTIFICATE AS TO INTERESTED PARTIES filed by defendants CBIZ Valuation Inc dba CBIZ Valuation Counselors fka Valuation Counselors Group Inc, Zelenkofske Axelrod (jp) (Entered: 09/03/2002)
08/30/2002 172 ANSWER filed by defendants CBIZ Valuation Inc dba CBIZ Valuation Counselors fka Valuation Counselors Grp Inc, Zelenkofske Axelrod to 3rd amended complaint [144-1]; jury demand (jp) (Entered: 09/03/2002)
08/30/2002 175 SUBSTITUTION OF ATTORNEY: terminating attorney Steven J Aaronoff for Debra Kasirer by defendant Debra Kasirer and substituting attorney Michael Floyd Wright (Ronald S. Caswell signature of new atty) by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 176 SUBSTITUTION OF ATTORNEY: terminating atty Steven J Aaronoff by defendant JDDJ Holdings LP and substituting attorney (Ronald S. Caswell signature of new atty) for Michael Floyd Wright by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 177 SUBSTITUTION OF ATTORNEY: terminating atty Steven J. Aaronoff Debra Kasirer, individually by defendant Debra Kasirer and substituting attorney (Ronald S. Caswell signature of new atty) for Michael F Wright by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 178 SUBSTITUTION OF ATTORNEY: terminating attorney Steven J Aaronoff for Canon Realty Corp by defendant Canon Realty Corp and substituting attorney (Ronald S. Caswell signature of new atty) for Michael Floyd Wright by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 179 SUBSTITUTION OF ATTORNEY: terminating attorney Steven J Aaronoff for Robert Kasirer by defendant Robert Kasirer and substituting attorney (Ronald J. Caswell signature of new atty) for Michael Floyd Wright by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 180 SUBSTITUTION OF ATTORNEY: terminating attorney Steven J Aaronoff for Carecontinumm LLC by defendant Carecontinumm LLC and substituting attorney (Ronald S. Caswell signature of new atty) for Michael Floyd Wright by Judge
Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 181 SUBSTITUTION OF ATTORNEY: terminating attorney Steven J Aaronoff for Health Care Holdings by defendant Health Care Holdings and substituting attorney (Ronald S. Caswell signature of new atty) for Michael Floyd Wright by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 182 SUBSTITUTION OF ATTORNEY: terminating Steven J Aaronoff for BMHC Corp by defendant BMHC Corp and substituting attorney (Ronald S. Caswell signature of new atty) for Michael Floyd Wright by Judge Dickran Tevrizian (jp) (Entered: 09/05/2002)
08/30/2002 194 ANSWER filed by dfts Andrew Kornreich, Marshall Wexler to first amende original petition (pc) (Entered: 09/12/2002)
09/03/2002 174 NOTICE OF INTERESTED PARTIES filed by defendant Jerold Goldstein (pc) (Entered: 09/04/2002)
09/06/2002 183 NOTICE OF MOTION AND MOTION by defendant Bank of New York Inc for order substituting BNY in place of plf US Trust ; motion hearing set for 10:00 9/30/02; Lodged order (nhac) (Entered: 09/09/2002)
09/09/2002 184 AMENDED PROOF OF SERVICE by defendant Bank of New York Inc on 9/9/02 of Ntc of Mot of Mot For Ord Substituting Plf; Memo of P/A & Decl of Christopher F Wong & Propsd Ord (nhac) (Entered: 09/11/2002)
09/09/2002 185 PROOF OF SERVICE executed upon defendant Coddington Appraisal Services; Service by Federal Statute on 8/16/02 via personal service by serving Summons & Third A/C to Barbara Contino, Authorized Agent For Service of Process. (nhac) (Entered: 09/11/2002)
09/09/2002 186 PROOF OF SERVICE executed upon defendant James E Iverson; Service by State Statute on 8/27/02 via substitute service by serving Summons & Third A/C to Richard D Gluck, Atty for Dft Iverson (nhac) (Entered: 09/11/2002)
09/09/2002 187 PROOF OF SERVICE executed upon defendant Edward Joel Hentges; Service by Federal Statute on 8/26/02 via substitute service by serving Summons & Third A/C to (no name indicated); Due Diligence; Mailed on 8/27/02 (nhac) (Entered: 09/11/2002)
09/09/2002 189 PROOF OF SERVICE executed upon defendant Paul R Ekholm; Service by Federal Statute on 8/16/02 via personal service by serving Summons & Third A/C (nhac) (Entered: 09/11/2002)
09/09/2002 190 PROOF OF SERVICE executed upon defendant Kenneth Richardson Larsen; Service by federal statute on 8/22/02 via personal service by serving Summons & Third A/C (nhac) (Entered: 09/11/2002)
09/09/2002 191 PROOF OF SERVICE executed upon defendant Steven Wensley Erickson; Service by Federal Statute on 8/23/02 via personal service by serving Summons & Third A/C. (nhac) (Entered: 09/11/2002)
09/09/2002 193 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering Answer submitted by dfts Andrew Kornreich, Marshall Wexler received on 8/30/02
to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pc) (Entered: 09/12/2002)
09/11/2002 188 PROOF OF SERVICE executed upon defendant Victor P Dhooge; Service by State Statute on 8/21/02 via substitute service by serving Summons & Third A/C to (no name indicated); Due diligence; Mailed 8/21/02 (nhac) (Entered: 09/11/2002)
09/11/2002 192 OPPOSITION by plaintiffs to motion to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint [159-1] (pc) (Entered: 09/12/2002)
09/11/2002 195 PROOF OF SERVICE AFFIDAVIT executed upon defendant Capital Valuation Group; Service by Not Specified on 9/5/02 via sustituted service by serving Summons & 3rd amended complaint to Mark Roth, authorized agent to accept service on its behalf (pc) (Entered: 09/16/2002)
09/11/2002 217 OPPOSITION by plaintiffs to dft Onofrio v. Bertolini's motion to dismiss 3rd A/C (jp) (Entered: 09/17/2002)
09/13/2002 196 PROOF OF SERVICE executed upon defendant Healthcare Financial Solutions; Service by State on 9/5/02 via Personal Service by serving Summons & 3rd amended complain to Nancy Dye, Authorized Agent for service of process (pc) (Entered: 09/16/2002)
09/13/2002 197 NOTICE OF INTERESTED PARTIES filed by dfts Joel T Boehm, Sabo & Green (pc) (Entered: 09/16/2002)
09/13/2002 198 PROOF OF SERVICE by Joel T Boehm, Sabo & Green on 9/13/02 of Notice of Interested Parties (pc) (Entered: 09/16/2002)
09/13/2002 199 NOTICE OF MOTION AND MOTION by dfts Joel T Boehm, Sabo & Green to dismiss 3rd amended complaint ; motion hearing set for 10:00 10/7/02 (pc) (Entered: 09/16/2002)
09/13/2002 200 DECLARATION of Alan D Leeth by dfts Joel T Boehm, Sabo & Green in support of motion to dismiss 3rd amended complaint [199-1] (pc) (Entered: 09/16/2002)
09/13/2002 201 MEMORANDUM OF P/A IN SUPPORT by dfts Joel T Boehm, Sabo & Green of motion to dismiss 3rd amended complaint [199-1] (pc) (Entered: 09/16/2002)
09/13/2002 202 PROOF OF SERVICE by dfts Joel T Boehm, Sabo & Green on 9/13/02 of Dfts Ntc of Mot & Mot to dismiss 3rd amd complaint (see doc for fur details) (pc) (Entered: 09/16/2002)
09/13/2002 203 MOTION AND NOTICE OF MOTION by defendant Joel T Boehm to strike plfs 3rd amended complaint ; motion hearing set for 10:00 10/7/02 Lodged (pc) (Entered: 09/16/2002)
09/13/2002 204 MEMORANDUM OF P/A IN SUPPORT by defendant Joel T Boehm of motion to strike plfs 3rd amended complaint [203-1] (pc) (Entered: 09/16/2002)
09/13/2002 205 DECLARATION of Joel T Boehm by defendant Joel T Boehm in support of motion to strike plfs 3rd amended complaint [203-1] (pc) (Entered: 09/16/2002)
09/13/2002 206 DECLARATION of Charles R Grebing by defendant Joel T Boehm in support of
motion to strike plfs 3rd amended complaint [203-1] (pc) (Entered: 09/16/2002)
09/13/2002 207 PROOF OF SERVICE by defendant Joel T Boehm on 9/13/02 of Mot & Ntc of Joel T Boehm's Mot to strike (pc) (Entered: 09/16/2002)
09/13/2002 208 DECLARATION OF SERVICE by defendant Joel T Boehm on 9/13/02 of Mot & Ntc of Joel T Boehm's mot to strike (see doc for fur details) (pc) (Entered: 09/16/2002)
09/13/2002 209 PROOF OF SERVICE by defendant Joel T Boehm on 9/13/02 of Mot & Ntc of Jel T Boehm's Mot to strike (see doc for fur details) (pc) (Entered: 09/16/2002)
09/13/2002 210 NOTICE OF RULING (pc) (Entered: 09/16/2002)
09/13/2002 211 NOTICE OF MOTION AND MOTION by defendants Robert Kasirer, Health Care Holdings, Carecontinumm LLC, BMHC Corp, JDDJ Holdings LP to dismiss 3rd A/C ; motion hearing set for 10:00 10/15/02 (jp) (Entered: 09/17/2002)
09/13/2002 212 REQUEST by defendants Robert Kasirer, Health Care Holdings, Carecontinumm LLC, BMHC Corp, JDDJ Holdings LP for Judicial Notice in suppt of motion to dismiss 3rd A/C [211-1] (jp) (Entered: 09/17/2002)
09/13/2002 213 NOTICE OF MOTION AND MOTION by defendants Debra Kasirer, Canon Realty Corp to dismiss or, in the alt, for summary judgment ; Decls of Debra Kasirer, Robert Kasirer; motion hearing set for 10:00 10/15/02 (jp) (Entered: 09/17/2002)
09/13/2002 214 DECLARATION of ROBERT KASIRER by defendants Debra Kasirer, Canon Realty Corp in suppt of motion for summary judgment [213-2] (jp) (Entered: 09/17/2002)
09/13/2002 215 DECLARATION of DEBRA KASIRER by defendants Debra Kasirer, Canon Realty Corp in suppt of motion for summary judgment [213-2] (jp) (Entered: 09/17/2002)
09/13/2002 216 CERTAIN DEFENDANTS REQUEST by defendants Health Care Holdings, Carecontinumm LLC, Robert Kasirer, Debra Kasirer, Canon Realty Corp for Judicial Notice in suppt of motion to dismiss [213-1] (jp) (Entered: 09/17/2002)
09/16/2002 218 REPLY by defendant Jerold Goldstein to opposition to motion to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint [159-1], or in the alt for more definite statement [159-2] (pc) (Entered: 09/18/2002)
09/18/2002 219 PROOF OF SERVICE by defendant Stanley R Jones on 9/13/02 by personal svc by delivering of Ntc of mot & mot to dism 3rd A/C; Memo of P/A in suppt; Decl of Alan D. Leeth; [Propsd] Ord; & Ntc of interest ptys to Gloria Gomez, Secretary, person auth to accept svc. (jp) (Entered: 09/19/2002)
09/18/2002 220 PROOF OF SERVICE by unknown Robert Feldhake on 9/13/02 by personal svc by delivering of Ntc of mot & mot to dismiss A/C; Mem of P/A in suppt; Decl of Alan D. Leeth; [Propsd] Order; & Ntc of interested ptys to Kim Harris, Receptionist person auth to accept svc. (jp) (Entered: 09/19/2002)
09/18/2002 222 NOTICE OF ERRATA by Dfts Robert Kasirer -, Health Care Holdings,
Carecontinumm LLC, BMHC Corp, JDDJ Holdings LP re Kasirer motions to dismiss 3rd A/C [211-1], motion to dismiss [213-1], motion for summary judgment [213-2] (dw) (Entered: 09/20/2002)
09/19/2002 221 MINUTES IN CHAMBERS: hearing on motion to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint [159-1] 10:00 9/24/02; by Judge Dickran Tevrizian; CR: N/A (pc) (Entered: 09/20/2002)
09/20/2002 223 NOTICE by defendants Jerold Goldstein, O V Bertolini of cont hearing ; IN COURT HEARING RE: Golstein's Mot to Dism & Bertolini's Joinder set on 10:00 9/24/02 (dw) (Entered: 09/24/2002)
09/23/2002 225 NOTICE OF INTERESTED PARTIES filed by plaintiffs (dw) (Entered: 09/25/2002)
09/23/2002 227 OPPOSITION by plaintiff to Dfts Sabo & Green & Joel T. Boehm's motion to dismiss 3rd amended complaint [199-1] (dw) (Entered: 09/26/2002)
09/23/2002 228 REQUEST by plaintiffs for Judicial Notice re Dfts' Sabo & Green & Boehm's motion to dismiss 3rd amended complaint [199-1] (dw) (Entered: 09/26/2002)
09/23/2002 229 OPPOSITION by plaintiffs to US Trust Dfts' motion to dismiss 3rd A/C (Betker Action) [155-1] (dw) (Entered: 09/26/2002)
09/23/2002 230 OPPOSITION by plaintiffs to Dft Boehm's motion to strike [203-1]; Decl (dw) (Entered: 09/26/2002)
09/23/2002 230 REQUEST filed by plaintiff for attorney fees (dw) (Entered: 09/26/2002)
09/23/2002 231 OBJECTIONS filed by plaintiff to declaration of Joel T Boehm [206-1] (dw) (Entered: 09/26/2002)
09/23/2002 232 REQUEST by plaintiff for Judicial Notice motion to strike plfs 3rd amended complaint [203-1] (dw) (Entered: 09/26/2002)
09/24/2002 224 ORDER 1) GRANTING CERTAIN DEFENDANTS REQUEST FOR JUDICIAL NOTICE; 2) GRANTING IN PART & DENYING IN PART DFT JEROLD GOLDSTEIN'S MOT TO DISM THE 1ST, 4TH & 7TH CAUSES OF ACTN FROM THE THIRD AMD CMP OR IN THE ALT FOR A MORE DEFINITE STMT by Judge Dickran Tevrizian: This Crt grants Certain Dfts' Request for Judicial Notice [161-1] & grants in part & denies in part Dft's Goldstein Mot to Dism the 1st 4th & 7th Causes of Actn of Plf's 3rd amended complaint [159-1] as follows: 1) Goldstein's Mot to Dism Plf's 1st Cause of Actn for Violations of Rule 10b-5 & Sect 10(b) of the Securities & Exchange Act of 1934 or in the Alt for a More Definite Stmt is denied; 2) Goldstein's Mot to Dism Plf's 4th Cause of Actn for "Control Person" Liability Under Sect 15 of The Securities Act of 1933 is granted w/prej & w/o leave to amd; & 3) Goldstein's Mot to Dism Plf's 7th Cause of Actn for Jt & Several Liability Under CA Corporations Code Sect 25504.1 or in the Alt for a More Definite Stmt is denied; (ENT 9/25/02) (dw) (Entered: 09/25/2002)
09/24/2002 226 MINUTES by Judge Dickran Tevrizian: Dft Jerold Goldstein's motion to dismiss first, fourth & seventh cause of action, from the 3rd amended complaint or in the alt
for a more definite stmt [159-1] is submitted; Cnsl are instructed to file their docs directly w/chambers; CR: Lori Muraoka (dw) (Entered: 09/26/2002)
09/24/2002 PLACED IN FILE - NOT USED: Proposed Order re Jerold Goldstein's Mot to Dism Plf's 3rd Amd Cmp lodged on 8/26/02 (dw) (Entered: 09/26/2002)
09/24/2002 265 MINUTES by Dickran Teverizian that Dft's Jerold Goldstein's motion to dismiss first cause of action, the fourth cause of action, the seventh cause of action for the 3rd amended complaint [159-1] is submitted; Cnsl are instructed to file their docs directly w/chambers; CR: Lori Muraoka (dw) (Entered: 10/15/2002)
09/26/2002 233 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: The Crt on its own mot hereby orders the matters presently set for 10/7/02 cont to 10/15/02 at 10:00: 1) Fur S/C; 2) US Trust dfts mot to dism 3rd amd cmp [155-1] 3) Request for judicial ntc; 4) Dft Joel T Boehm's motion to strike plfs 3rd amended complaint [203-1] 5) Dfts Sabo & Green & Joel T Boehm's mot to dismiss [199-1] 6) Dfts Debra Kaisrer individually & as trustee of the Debra Kasirer Trust & Canon Realty Corp's mot to dism 3rd amd cmp or in the alt for jgm; [213-1]; 7) Dfts Robert Kasirer Health Care Holdings LLC Care Continum LLC BHMC Corp & JDDJ Holdings LP to dism 3rd amd cmp [211-1]; PLEASE NOTE THAT THE BRIEFING SCHED SHALL REMAIN THE SAME; CR: Not Present (dw) Modified on 09/27/2002 (Entered: 09/27/2002)
09/27/2002 237 STIPULATION and ORDER FOR EXT TO FILE RESP PLDG by Judge Dickran Tevrizian: IT IS SO ORDERED that Plf Betker Patrners One LP et al & Dft Healthcare Financial Solutions have up to & incl 10/10/02 to file a resp pldg to Plf's 3rd Amd Cmp (dw) (Entered: 10/02/2002)
09/30/2002 234 REPLY by dfts Joel T Boehm, Sabo & Green to opposition to motion to dismiss 3rd amended complaint [199-1] (pc) (Entered: 10/01/2002)
09/30/2002 235 ORDER GRANTING BANK OF NEW YORK'S MOTION FOR ORDER SUBSTITUTING PLAINTIFF by Judge Dickran Tevrizian: This Crt grants Bank of New York's Mot for an Ord Substituting Plf [183-1] & the actn currently entitled US Trust Co of Texas NA et al v O.V. Bertolini et al will hereinafter be referenced as The Bank of New York as Successor Indenture Trustee v O.V. Bertolini et al; The Case number CV 02-2745 DT will remain the same; terminating party U S Trust Co of TX (dw) (Entered: 10/02/2002)
09/30/2002 247 REPLY by defendant Joel T Boehm to Plfs' Opp to Joel T Boehm's motion to strike plfs 3rd amended complaint purs to CA Anti-Slapp Statute [203-1] (dw) (Entered: 10/03/2002)
09/30/2002 248 SUPPLEMENTAL DECL by defendant Joel T Boehm in suppt of motion to strike plfs 3rd amended complaint pur sot CA Anti-Slapp Statute [203-1] (dw) (Entered: 10/03/2002)
09/30/2002 249 DECLARATION of Charles R Grebing by defendant Joel T Boehm in suppt of Reply to Plf's Opp to Joel T Boehm's motion to strike plfs 3rd amended complaint purs to CA Anti-Slapp Statute [203-1] (dw) (Entered: 10/03/2002)
09/30/2002 250 OPPOSITION filed by defendant Joel T Boehm to Plfs' Objs to Decl of Jeol T Boehm in suppt of motion to strike plfs 3rd amended complaint purs to CA Anti-
Slapp Statute [203-1] (dw) (Entered: 10/03/2002)
09/30/2002 251 DECLARATION OF SERVICE by defendant Joel T Boehm on 9/30/02 of Reply to Plf's Opp to Joel T Boehm's Mot to Strike Plfs' 3rd Amd Cmp purs to CA Anti-Slapp Statute; Decl of Charles R Grebing in Suppt of Reply; Opp to Plf's Objs to Decl of Joel T Boehm in Suppt of Mot to Strike Plfs' 3rd Amd Cmp Purs to CA Anti-Slapp Statute; Supplemental Decl of Joel T Boehm in suppt of Mot to Strike Plf's 3rd Amd Cmp Purs to CA Anti-Slapp Statute (dw) (Entered: 10/03/2002)
09/30/2002 252 MINUTES PROCEEDINGS: HEARING BANK OF NEW YORK'S MOT FOR ORD SUBSTITUTING PLF IN CASE NO CV 02 2745 DT by Judge Dickran Tevrizian: Matter called & appearances made; Crt adopts & signs tentative ord granting mot & orders it filed; CR: Lori Muraoka (dw) (Entered: 10/03/2002)
10/01/2002 236 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer amended complaint [144-1] to 10/8/02 as to defendant Capital Valuation (bp) (Entered: 10/02/2002)
10/01/2002 238 NOTICE OF CAPTION & FILING CHANGE by plaintiffs: All pldgs in the consolidated cases should show in the caption that they are being fld under Multidistrict Docket No. 1475; (dw) Modified on 10/02/2002 (Entered: 10/02/2002)
10/01/2002 239 STATEMENT of Disputed facts by plaintiffs in Opp to Dfts Debra Kasirer (Individually & as Trustee) & Canon Realty Corp's Mot for Summ Jgm [213-2] (dw) (Entered: 10/02/2002)
10/01/2002 240 EVIDENTIARY OBJECTIONS by plaintiffs to Decls of Robert Kasirer & Debra Kasirer in suppt of motion for summary judgment [213-2] (dw) (Entered: 10/02/2002)
10/01/2002 241 OPPOSITION by plaintiffs to Dfts Debra Kasirer Individiually & as Trustee of the Debra Kasirer Trust & Canon Realty Corp's motion to dismiss 3rd Amd Cmp [213-1] (dw) (Entered: 10/02/2002)
10/01/2002 242 OBJECTIONS filed by plaintiffs to request judicial notice of Dfts Robert Kasirer et al [216-1] (dw) (Entered: 10/02/2002)
10/01/2002 243 SUPPLEMENTAL PROOF OF SERVICE by plaintiffs on 1) Plf's Opp to Dfts' Sabo & Green & Boehm's Mot to Dism 3rd Amd Cmp; 2) Request for Judicial Ntc in Suppt of Dfts' Sabo & Green & Boehm's Mot to Dism 3rd Amd Cmp & 3) Notice of Interested Parties (dw) (Entered: 10/02/2002)
10/01/2002 244 OPPOSITION by plaintiffs to motion of Dfts Robert Kasirer Health Care Holdings LLC Carecontinuum LLC BHMC Corp & JDDJ Holdings LP to dismiss 3rd A/C [211-1] (dw) (Entered: 10/02/2002)
10/01/2002 245 PROOF OF SERVICE ON SUMMONS & COMPLAINT executed upon defendant U S Trust Company NA; Service by State Statute on 9/5/02 via Personal by serving Third Amd Cmp to CBIZ Business Solutions Inc (dw) (Entered: 10/02/2002)
10/02/2002 246 STIPULATION filed to extend time to answer 3rd amended complaint [144-1] to 10/7/02 as to dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm, James E Iverson (pc) (Entered: 10/03/2002)
10/03/2002 253 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer 3rd amended complaint [144-1] to 10/21/02 as to dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm (pc) (Entered: 10/07/2002)
10/03/2002 255 ATTORNEY SUBSTITUTION: terminating Paul R Ekhom as pro per by defendant Paul R Ekholm in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/03/2002 256 ATTORNEY SUBSTITUTION: terminating Jerome E Tabolich pro per by defendant Jerome E Tabolich in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/03/2002 257 ATTORNEY SUBSTITUTION: terminating Steven W Erickson as pro per by defendant Steven W Erickson in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/03/2002 258 ATTORNEY SUBSTITUTION: terminating Kenneth R Larsen as pro per by defendant Kenneth R Larsen in 2:01-cv-05752 and substituting attorney Jeffrey L Sikkema by Judge Dickran Tevrizian (pc) (Entered: 10/07/2002)
10/04/2002 254 STIPULATION and ORDER by Judge Dickran Tevrizian extending time to answer 3rd amended complaint [144-1] to 10/21/02 as to defendant James E Iverson (pc) (Entered: 10/07/2002)
10/04/2002 263 PROOF OF SERVICE on 9/30/02 of reply to opp; decl of Charles R. Grebing; opp to objs to decl of Joel T. Boehm; supplemental decl of Joel T. Boehm; decl of svc on Robert J. Feldhake, Esq. (gk) (Entered: 10/15/2002)
10/04/2002 264 PROOF OF SERVICE on 9/30/02 of reply to opp; decl of Charles R. Grebing; opp to objs to decl of Joel T. Boehm; supplemental decl of Joel T. Boehm; decl of svc; on Stanley R. Jones, Esq. (gk) (Entered: 10/15/2002)
10/07/2002 259 REPLY Memorandum of Points & Authorities in suppt of Mot of US Trust Defendants to Dism 3rd Amd Cmp (Betker Action) [155-1] (dw) (Entered: 10/08/2002)
10/08/2002 260 REPLY by Dfts Debra Kasirer, individually & as Trustee of the Debra Kasirer Trust & Canon Realty Corp to plfs' Opp to Mot to Dism 3rd Amd Cmp or in the Alt for Summ Jgm (dw) (Entered: 10/09/2002)
10/08/2002 261 REPLY by Dfts Health Care Holdings, Carecontinumm LLC, BMHC Corp, JDDJ Holdings LP in suppt of Dfts Robert Kasirer et al motion to dismiss 3rd A/C [211-1] (dw) (Entered: 10/09/2002)
10/08/2002 262 REPLY by Dfts Debra Kasirer, individually & as Trustee of the Debra Kasirer Trust & Canon Realty Corp to Plfs' Evidentiary Objs to Decls of Robert Kasirer & Debra Kasirer in suppt of motion for summary judgment [213-2] (dw) (Entered: 10/09/2002)
10/08/2002 276 ATTORNEY SUBSTITUTION: by Dft Edward J. Hentges terminating himself as atty pro per and substituting attorney Jeffrey L Sikkema by Judge Dickran Tevrizian (dw) (Entered: 10/23/2002)
10/09/2002 266 STIPULATION AND ORDER EXT TIME FOR DFT GOLDSTEIN TO ANS THE 3RD AMD CMP by Judge Dickran Tevrizian: IT IS SO ORDERED: That the time w/in which Dft Goldstein may ans the 3rd Amd Cmp is ext to 10/29/02 (dw) (Entered: 10/15/2002)
10/11/2002 272 STIPULATION and ORDER by Judge Dickran Tevrizian that Healthcare Financial Solutions may have a fur ext of time up to & including 10/28/02 to file a responsive pleading to pfs' 3rd A/C. (gk) (Entered: 10/18/2002)
10/15/2002 267 ORDER 1) GRANTING REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF US TRUST DFTS'S MOT TO DISM 3RD AMENDED COMPLAINT; 2) GRANTING IN PART & DENYING IN PART US TRUST DFTS' MOT TO DISM 3RD AMENDED COMPLAINT by Judge Dickran Tevrizian: This Court grants US Trust Dfts' Request for Judicial Ntc [157-1] & grants in part & denies in part US Trust Dft's Mot to Dism the 3rd Amd Cmp [155-1] as follows: 1) US Trust Dft's Mot to Dism Plf's TAC on the basis that Plfs have failed to allege a duty on the part of US Trust Dfts is denied; 2) US Trust Dfts' Mot to Dism Plfs' TAC on the basis that Plfs' have failed to allege a 12th Cause of Action for Breach of Contract a 13th Cause of Action for Negligence a 14th Cause of Action for Breach of Fiduciary Duty, a 15th Cause of Action for Fraudluent Concealment, a 16th Cause of Action for Intentional Misrepresentation & an 17th Cause of Action for Negligent Misrepresentation & an 18th Cause of Actn for Breach of Implied Covenant of Good Faith & Fair Dealing are denied; 3) US Trust Dfts' Mot to Dism Plfs' TAC as to all claims against US Trust Corp NA is granted w/o prej & w/leave to amd for the limited purpose of alleging facts sufficient to support an alter ego theory & denied as to US Trust Co of Texas NA & 4) US Trust Dfts' Mot to Dism Plfs' TAC as to all claims brought by Plf Betker Family Trust is granted & Plfs' Request for permission to file an amendment to Plf's 3rd Amd Cmp adding the trustee of Betker Family Trust in place of Plf Betker Family Trust is also granted; [ENT 10/18/02] (dw) (Entered: 10/18/2002)
10/15/2002 268 ORDER 1) GRANTING PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE; 2) DENYING DFT JOEL T BOEHM'S MOT TO STRIKE 3RD AMD COMPLAINT PURSUANT TO CALIF ANTI-SLAPP STATUTE; 3) DENYING PLAINTIFFS' REQUEST FOR ATTYS' FEES & SANCTIONS by Judge Dickran Tevrizian: This Court 1) GRANTS Plf's Request for Judicial Notice [228-1]; 2) DENIED Dft Boehm's Section 425.16 Motion to strike plfs the 7th Cause of Actn of Plfs' 3rd amended complaint [203-1]; 3) DENIES Plfs' Request for attorney fees Purs to Ca Civ Proc Code Section 425.16(c) & Sanctions Purs to FRCP 11(b)(1) [230-1] [ENT 10/18/02] (dw) (Entered: 10/18/2002)
10/15/2002 269 ORDER 1) GRANTING CERTAIN DFTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS; 2) DENYING MOTION OF DFTS DEBRA KASIRER INDIVIDUALLY & AS TRUSTEE OF THE DEBRA KASIRER TRUST & CANON REALTY CORP TO DISM 3RD AMENDED COMPLAINT OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT by Judge Dickran Tevrizian: This Court grants Certain Defendants' Request for Judicial Notice [216-1], & denies the Motion of Dfts Debra Kasirer, Individually & as Trustee of the Debra Kasirer Trust & Canon Realty Corp to Dismiss 3rd Amended Complaint or in the Alternative for Summary Judgment [213-1] [213-2] [ENT 10/18/02] (dw) (Entered: 10/18/2002)
10/15/2002 270 ORDER 1) GRANTING IN PART & DENYING IN PART REQUEST FOR JUDICAIL NOTICE IN SUPPORT OF MOTION TO DISMISS 3RD AMD COMPLAINT; 2) GRANTING IN PART & DENYING IN PART MOTION OF DFTS ROBERT KASIRER HEALTH CARE HOLDINGS LLC CARECONTINUUM LLC BHMC CORP & JDDJ HOLDINGS LPP TO DISMISS 3RD AMD COMPLAINT by Judge Dickran Tevrizian: This Court 1) GRANT in part DENY in part request judicial notice [212-1], GRANT in part DENY in part motion to dismiss 3rd A/C [211-1] (See doc for fur info) [ENT 10/18/02] (dw) (Entered: 10/18/2002)
10/15/2002 271 ORDER 1) GRANTING PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE; 2) GRANTING IN PART & DENYING IN PART DFTS SABO & GREEN & JOEL T BOEHM'S MOTION TO DISMISS 3RD AMENDED COMPLAINT PURS TO FRCP 12(b)(6) by Judge Dickran Tevrizian: This Court grants Plf's Request for Judicial Notice [228-1], & grants in part denies in part Atty Dfts' motion to dismiss 3rd amended complaint [199-1] as follows: 1) Atty Dft's Mot to Dism Plf's 7th Cause of Action for Joint & Several Liability Under CA Corporations Code Sect 25504.1 is granted w/prej & w/o leave to amend as to the Official Statements for the first 6 Heritage Bond Offerings dated between 2/96 & 7/10/98 on the grounds that it is time barred by the 4 year statute of limitations set forth in CA Corporations Code Sect 25506; & 2) Atty Dft's Motion to Dismiss Plfs' 7th Causse of Action for Joint & Several Liability Under CA Corporations Code Sect 25504.1 is denied as to the Official Statements for the remaining 6 Hertiage Bond Offerings dated between 7/24/98 & 3/11/99; [ENT 10/18/02] (dw) (Entered: 10/18/2002)
10/15/2002 275 MINUTES by Judge Dickran Tevrizian: US Trust dfts mot to dism 3rd amd cmp [155-1] is granted in part & denied in part; Request for judicial notice is granted; Dft Joel T Boehm's motion to strike plfs 3rd amended complaint purs to CA anti-slapp statute is denied; [203-1], Dfts Sabo & Green & Joel T Boehm's mot to dism 3rd amd cmp [199-1] is taken under submission; Dfts Debra Kasirer individually & as trustee of the Debra Kasirer Trust & Canon Realty Corp's mot to dism third amd cmp or in the alt for summ jgm [213-1] is denied;, Dfts Robert Kasirer, Health Care Holdings, LLC, Carecontinuum LLC, BHMC Corp & JDDJ Holdings LP motion to dismiss 3rd A/C [211-1] is taken under submission; Further status conference is held; Court orders cnsl to file all docs using MDL Case Number 1475; Court further orders case numbers CV 02-6484 DT & CV 02-6841 DT consolidated w/ CV 01-5752 DT; Case number CV 02 6512 DT shall be referenced as a companion case; Cnsl are instructed to file all docs w/the Clerk's Office; ; discovery ddl set on 6/20/03; Pretrial Conference set for 1:30 8/25/03; trial set on 1:30 8/25/03 ; The 2nd Amd Class Action Complaint shall be filed NLT 10/29/02; The Betkers' 4th Amd Complaint shall also be filed NLT 10/29/02; Court set hrg date on dft's mot to dism in CV 02-6512 DT for 11/25/02 at 10:00; (See doc for fur info) CR: Lori Muraoka (dw) (Entered: 10/21/2002)
10/15/2002 PLACED IN FILE - NOT USED: [PROPOSED] ORDER ON JOEL T BOEHM'S MOT TO STRIKE PLF'S 3RD AMD COMPLAINT PURS TO CALIF ANTI-SLAPP STATUTE (dw) (Entered: 10/21/2002)
10/15/2002 PLACED IN FILE - NOT USED: [PROPOSED] Order Granting Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd Amd Cmp purs to FRCP 12(b)(6) (dw) (Entered: 10/21/2002)
10/15/2002 PLACED IN FILE - NOT USED: Judgment lodged on 9/13/02 (dw) (Entered: 10/21/2002)
10/15/2002 PLACED IN FILE - NOT USED: Order Granting Summary Judgment lodged on 9/13/02 (dw) (Entered: 10/21/2002)
10/15/2002 PLACED IN FILE - NOT USED: Statement of Uncontroverted Facts & Conclusions of Law lodged on 9/13/02 (dw) (Entered: 10/21/2002)
10/18/2002 273 DECLARATION of Brian Barry in support of entry of [proposed] order scheduling a settlement conference (rl) (Entered: 10/21/2002)
10/18/2002 274 PROOF OF SERVICE on 10/18/02 of [proposed] order setting the briefing schedule for the consolidated class action, [proposed] order setting the schedule for settlement conference, declaration of Brian Barry in support of entry of [proposed] order scheduling a settlement conference (rl) (Entered: 10/21/2002)
10/24/2002 277 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed by Heather Klaas representing dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm; Designating Jeffrey L. Sikkkema as local counsel. .(Fee pd) (dw) Modified on 10/29/2002 (Entered: 10/28/2002)
10/24/2002 278 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed by Brian E. Palmer representing dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm; Designating Jeffrey L. Sikkema as local counsel; Approved by Judge Dickran Tevrizian. (fee pd) (dw) Modified on 10/29/2002 (Entered: 10/28/2002)
10/24/2002 289 NOTICE OF APPEARANCE of Counsel by attorney Leon Small APC (rl) (Entered: 11/05/2002)
10/28/2002 283 ATTORNEY SUBSTITUTION: terminating attorney Bruce M Butler, Even, Crandall, Wade, Lowe & Gates for Valuation Counselors in 2:01-cv-05752 by defendant Valuation Counselors in 2:01-cv-05752 and substituting attorney F X Sean O'Doherty of Gates, O'Doherty, Gonter & Guy by Judge Dickran Tevrizian (dw) (Entered: 11/04/2002)
10/29/2002 279 CONSOLIDATED FOURTH AMENDED COMPLAINT [144-1] by plaintiffs in 2:01-cv-05752; adding US Trust Corporation NA to case(s) 2:01-cv-05752,; jury demand. 20 days summons issued (dw) (Entered: 10/31/2002)
10/29/2002 SUMMONS issued on Consolidated Fourth Amended Complaint as to defendants, US Trust Corporation, NA, US Trust Company of Texas, NA, Bank of New York, Inc. Heritage Healthcare of America Inc, Heritage Geriatric Housing Development VII, Inc, Heritage Geriatric Housing Development VIII, Inc, Heritage Geriatic Housing Development IX, Inc, Heritage Care of Chicago, Inc, Heritage Care of Sarasota Inc, Heritage Housing Development Inc, Health Care Holdings LLC, Carecontinuum LLC, Heritage Acceptance Corporation, Affiliated Metropolitan Contractors Inc, Valuation Counselors Group Inc, Robert Kasirer; Jerold Goldstein, Onofrio V Bertolini, Bruce R Tally, Debra Kasirer individually & as Trustee of the Debra Kasirer Trust, Canon Realty Corporation, Heritage Housing V Inc, BHMC Corp, JDDJ Holdings LP, James E. Iverson; Victor P Dhooge, John M. Clarey,
James F Dlugosh, Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm, Joel T Boehm, Sabo & Green; Coddington Appraisal Services, Capital Valutation Group; Healthcare Financial Solutions Group, Inc; & Zelenkofkse Axelrod & Co., LTD in 2:01-cv-05752 (dw) (Entered: 10/31/2002)
10/29/2002 280 NOTICE AND MOTION by plaintiffs to vacate/modify ruling on Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd Amd Cmp ; Lodged proposed order; motion hearing set for 10:00 11/15/02 (dw) (Entered: 10/31/2002)
10/29/2002 298 NOTICE OF MOTION AND MOTION by plaintiffs to vacate/modify ruling on Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd Amd Cmp ; [Proposed Order] ; motion hearing set for 10:00 11/25/02; Lodged prop order (dw) (Entered: 11/13/2002)
10/31/2002 281 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 09/24/02 (Re:), CR: Lori Muraoka. (wdc) (Entered: 11/01/2002)
10/31/2002 TRANSCRIPT filed for proceedings held on 09/24/02. (wdc) (Entered: 11/01/2002)
10/31/2002 284 NOTICE OF Motion to Compel Arbitration filed by defendant Bruce Talley (dw) (Entered: 11/04/2002)
10/31/2002 285 POINTS & AUTHORITIES IN SUPPORT of Mot of Dft Bruce Talley to Compel Arbitration (dw) (Entered: 11/04/2002)
10/31/2002 286 DECLARATION of Steven Green in suppt of Mot of Dft Bruce Talley to Compel Arbitration (dw) (Entered: 11/04/2002)
10/31/2002 287 CERTIFICATE OF SERVICE by defendant Bruce Talley on 10/30/02 of Ntc of Mot to Compel Arbitration, Mot to Compel Arbitration, Points & Authorities in suppt of Mot, Decl of Bruce Talley, Decl of Steven M Green (dw) (Entered: 11/04/2002)
10/31/2002 288 DECLARATION of Bruce Talley by defendant Bruce Talley in suppt of Mot of Dft Bruce Talley to Compel Arbitration (dw) (Entered: 11/04/2002)
11/01/2002 282 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/15/02 (Re:), CR: Lori Muraoka. (wdc) (Entered: 11/01/2002)
11/01/2002 TRANSCRIPT filed for proceedings held on 10/15/02. (wdc) (Entered: 11/01/2002)
11/01/2002 290 NOTICE to Court to remove atty name from docket & mailing list: Michelle R. Johnson, atty for plfs: Russel & Virginia Betker, as Trustees of the Betker Family Trust; Betkers Partners One, LP, Betker Partners 3 LP, & Lori & Michael O'Shea (dw) (Entered: 11/06/2002)
11/08/2002 297 OPPOSITION by Dfts Joel T Boehm, Sabo & Green to Plfs' motion to vacate/modify ruling on Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd Amd Cmp [280-1] (dw) (Entered: 11/12/2002)
11/08/2002 302 PROOF OF SERVICE by dfts on 11/8/02 of [Proposed] Order Denying Plf's Mot to Vacate/Modify Ruling on Mot to Dism 3rd Amd Cmp (dw) Modified on
11/14/2002 (Entered: 11/14/2002)
11/08/2002 303 PROOF OF SERVICE by dfts on 11/8/02 of Stip & Order for Ext to File Responsive Pldg (dw) Modified on 11/14/2002 (Entered: 11/14/2002)
11/08/2002 304 PROOF OF SERVICE by dfts on 11/8/02 of Defendants Sabo & Green & Joel T Boehm's Opp to Plfs' to Vacate/Modify Ruling on Mot to Dism 3rd Amd Cmp (dw) Modified on 11/14/2002 (Entered: 11/14/2002)
11/12/2002 291 REQUEST for Judicial Notice in connection w/plfs' motion to consolidate for the appt of lead plf and lead cnsl and for related relief (NOTICE OF CLERICAL ERROR DOCKETED ON THIS ENTRY, SHOULD BE DOCKETED ONTO CASE SACV02-989 AHS) (rl) Modified on 12/02/2002 (Entered: 11/12/2002)
11/12/2002 292 NOTICE OF MOTION AND MOTION to consolidate for the appt of lead plf and lead cnsl and for related relief ; Memo of PA; motion hearing set for 10:00 12/2/02 (NOTICE OF CLERICAL ERROR DOCKETED ON THIS ENTRY, SHOULD BE DOCKETED ONTO CASE SACV02-989 AHS) (rl) Modified on 12/02/2002 (Entered: 11/12/2002)
11/12/2002 293 DECLARATION of Brian O'Neill re motion to consolidate for the appt of lead plf and lead cnsl and for related relief [292-1] (NOTICE OF CLERICAL ERROR DOCKETED ON THIS ENTRY, SHOULD BE DOCKETED ONTO CASE SACV02-989 AHS) (rl) Modified on 12/02/2002 (Entered: 11/12/2002)
11/12/2002 294 DECLARATION of Brian D Miller re motion to consolidate for the appt of lead plf and lead cnsl and for related relief [292-1] (NOTICE OF CLERICAL ERROR DOCKETED ON THIS ENTRY, SHOULD BE DOCKETED ONTO CASE SACV02-989 AHS) (rl) Modified on 12/02/2002 (Entered: 11/12/2002)
11/12/2002 295 PROOF OF SERVICE on 11/8/02 of Notice of Motion and Motion to Consolidate et al, Decl of Brian O'Neill et al, Decl of Brian D Miller et al, Request for Judicial Notice in Connection w/Plfs' Motion to Consolidate for the Appt of Lead Plf and Lead Cnsl et al (rl) (Entered: 11/12/2002)
11/12/2002 296 NOTICE by dfts U S Trust Company, U S Trust Co of TX of desire to participate in sttlmnt conf (rl) (Entered: 11/12/2002)
11/12/2002 299 EVIDENTIARY OBJECTIONS by plaintiffs to Decl of Dft Talley filed in Suppt of Dft's motion to compel arbitration [94-1] (dw) (Entered: 11/13/2002)
11/12/2002 300 OPPOSITION by plaintiff to Dft Talley's motion to compel arbitration [94-1]; Memo of PA; Decl of Dnaiel M Harkins in suppt thereof (dw) (Entered: 11/13/2002)
11/12/2002 301 REQUEST by plaintiffs for Judicial Notice in suppt of Plfs' Opp to Dft Talley's motion to compel arbitration [94-1] (dw) (Entered: 11/13/2002)
11/12/2002 305 STIPULATION AND ORDER FOR EXT TO FILE RESPONSE TO 4TH AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED: that Dfts Joel T Boehm & Sabo & Green have up to & incl 11/21/02 to file a responsive pldg to Plfs' 4th Amd Cmp (dw) (Entered: 11/18/2002)
11/15/2002 306 PROOF OF SERVICE executed upon defendant Victor P Dhooge; Service by State
Statute on 11/11/02 via Personal service by serving Summons and Consolidated Fourth amended complaint to defendant Victor P. Dhooge (jp) (Entered: 11/19/2002)
11/18/2002 307 REPLY by plaintiffs in suppt of motion to vacate/modify ruling on Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd Amd Cmp [280-1]; Decl of Joshua M Wolff (With Exhibits) (dw) (Entered: 11/19/2002)
11/18/2002 308 PROOF OF SERVICE by defendant Bruce Talley on 11/18/02 of Reply Memo of PA in Suppt of Dft Talley's Mot to Compel Arbitration (dw) (Entered: 11/20/2002)
11/20/2002 309 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT GOLDSTEIN TO ANSWER THE FOURTH AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that the time w/in which Dft Goldstein may answer the 4th Amd Cmp is ext to 12/12/02 (dw) (Entered: 11/25/2002)
11/21/2002 310 NOTICE OF MOTION AND MOTION by defendant James E Iverson to dismiss in part the 5th & 6th causes of actn from Plfs' 4th amd cmp ; motion hearing set for 10:00 1/6/03; Lodged order (dw) (Entered: 11/26/2002)
11/21/2002 311 MEMORANDUM OF PA IN SUPPORT by defendant James E Iverson of motion to dismiss in part the 5th & 6th causes of actn from Plfs' 4th amd cmp [310-1] (dw) (Entered: 11/26/2002)
11/21/2002 312 NOTICE OF MOTION AND MOTION by Dfts Joel T Boehm, Sabo & Green to dismiss consolidated 4th amd cmp ; motion hearing set for 10:00 1/6/03; Lodged Order (dw) (Entered: 11/26/2002)
11/21/2002 313 MEMORANDUM OF PA IN SUPPORT by Dfts Joel T Boehm, Sabo & Green of motion to dismiss consolidated 4th amd cmp [312-1] (dw) (Entered: 11/26/2002)
11/21/2002 314 DECLARATION of Alan D Leeth in Suppt of Dfts by Joel T Boehm, Sabo & Green re motion to dismiss consolidated 4th amd cmp [312-1] (dw) (Entered: 11/26/2002)
11/21/2002 315 REQUEST by Dfts Joel T Boehm, Sabo & Green for Judicial Notice in suppt of motion to dismiss consolidated 4th amd cmp [312-1] (dw) (Entered: 11/26/2002)
11/21/2002 316 PROOF OF SERVICE by Joel T Boehm, Sabo & Green on 11/21/02 of 1) Dft's Sabo & Green & Joel T Boehm's Ntcof Mot & Mot to Dism Consolidated 4th Amd Cmp; 2) Memo of PA in suppt of Dfts Sabo & Green & Joel T Boehm's Mot to Dism Consolidated 4th Amd Cmp; 3) Decl of ALan D Leeth in suppt; 4) Request for Judicial Ntc; 5) [Proposed] Order Granting Dfts Sabo & Green & Joel T Boehm's Mot to Dism Consolidated 4th Amd Cmp (dw) (Entered: 11/26/2002)
11/21/2002 320 NOTICE OF MOTION AND MOTION by Dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm to dismiss 4th amd cmp ; motion hearing set for 10:00 1/6/03 (dw) (Entered: 11/26/2002)
11/21/2002 321 MEMORANDUM IN SUPPORT by Dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm of motion to dismiss 4th amd cmp [320-1] (dw) (Entered: 11/26/2002)
11/21/2002 322 DECLARATION of Jeffrey L Sikkema by Dfts Edward J Hentges, Kenneth R
Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm re motion to dismiss 4th amd cmp [320-1] (dw) (Entered: 11/26/2002)
11/22/2002 317 ORDER GRANTING DFTS EX PARTE APPL FOR A CONTINUANCE OF THE BRIEFING SCHEDULE RE RESPONSE TO 2ND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT AND SETTING SCHEDULE FOR HEARING ON MOTION TO CONSOLIDATE MOTION FOR LEAD PLF/LEAD CNSL FILING OF 3RD AMD CONSOLIDATED COMPLAINT & RESPONSE TO ALL OPERATIVE COMPLAINTS by Judge Dickran Tevrizian: The Court hereby sets the fol briefing sched w/regard to the matters currently before the Court: 1) Mot to consolidate Herrmann actn (Case No SACV 02-989 AHS (ANx) filed 10/28/02) & mot for lead plf/lead cnsl in consolidated class actn bondholder actions (Case Nos. 02-392 02-993 02 6484) the motion to consolidate & mot for appt of lead plf/lead cnsl filed in the Herrmann actn is hereby continued to 1/13/03; 2) Should the Court consolidate the Herrmann actn w/the 2nd Amd Consolidated Class Actn Cmp then the lead cnsl selected by the Crt for the Class shall file a 3rd Amd Consolidated Cmp fully consolidating all actions w/in 20 days of the date the Court appoints lead plf/lead cnsl or by 2/3/03; 3) Whether or not a 3rd Amd Consolidated Cmp in the consolidated class actn bondholder actions is filed dfts in all actions shall respond to the operative complaint against them by 2/24/03; All opp breifs shall be filed by 3/17/03; All reply briefs shall be filed by 3/31/03 & the hrg on all motions shall be held on 4/14/03 (dw) (Entered: 11/26/2002)
11/22/2002 328 STIPULATION to Extend Dfts Time to Respond to the 4th Amd Cmp and ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED that Dfts Robert Kasirer, Debra Kasirer, Canon Realty Corp, Health Care Holdings LLC, CareContinuum LLC, BHMC Corp, JDDJ Holdings, LP ext of time to file & serve responses to the 4th Amd Cmp up to & incl 12/6/02 (dw) Modified on 12/02/2002 (Entered: 12/02/2002)
11/25/2002 318 ORDER by Judge Dickran Tevrizian granting request judicial notice [301-1] in support of plaintiff's oppos to deft Talley's motion to comple arbitration and denies defendant Bruce Talley's motion to compel arbitration. (rm) (Entered: 11/26/2002)
11/25/2002 319 ORDER by Judge Dickran Tevrizian denying motion to vacate/modify ruling on Dfts Sabo & Green & Joel T Boehm's Mot to Dism 3rd Amd Cmp [298-1] (rm) (Entered: 11/26/2002)
11/25/2002 323 MINUTES by Judge Dickran Tevrizian: Court & Cnsl confer; Plf's motion to vacate/modify ruling on dfts Sabo & Green & Joel T. Boehm's motion to dimiss 3rd amd complaint [280-1], is denied; Defendant Bruce Tally's mot to compel arbitration [94-1] is denied; CR: Lori Muraoka (dw) (Entered: 11/27/2002)
12/02/2002 324 NOTICE OF CLERICAL ERROR - Docket entry #291 should be docketed onto Case SACV02-989 AHS (rl) (Entered: 12/02/2002)
12/02/2002 325 NOTICE OF CLERICAL ERROR - Docket entry #292 should be docketed onto Case SACV02-989 AHS (rl) (Entered: 12/02/2002)
12/02/2002 326 NOTICE OF CLERICAL ERROR - Docket entry #293 should be docketed onto Case SACV02-989 AHS (rl) Modified on 12/02/2002 (Entered: 12/02/2002)
12/02/2002 327 NOTICE OF CLERICAL ERROR - Docket entry #294 should be docketed onto Case SACV02-989 AHS (rl) (Entered: 12/02/2002)
12/02/2002 329 MINUTES STATUS CONFERENCE by Judge Dickran Tevrizian: Cnsl for dft makes appearance; Retired Justice Elwood Lui settlement facilitator makes appearance; Retired Justice Elwood Lui advises court of possible conflict w/dft US Trust Corp; Cnsl for dft US Trust Corp has no objs to Retired Justice Elwood Lui presiding over settlement negotiations; Retired Justice Elwood Lui will advise all other parties in writing; CR: Lori Muraoka (dw) (Entered: 12/06/2002)
12/04/2002 331 STIPULATION and ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED based on the above matters Bank of New York & the Betker Plaintiffs agree that Bank of New York's Ans to the 3rd Amd Cmp shall be deemed its Ans to the Consolidated 4th Amd Cmp; (See doc for fur info) (dw) (Entered: 12/09/2002)
12/06/2002 330 ANSWER filed by defendant CBIZ Valuation Inc dba CBIZ Valuation Counselors fka Valuation Counselors Group Inc to fourth amended complaint [279-1]; jury demand (jp) (Entered: 12/09/2002)
12/06/2002 332 PROOF OF SERVICE by plaintiff Betker Partners One, defendant U S Trust Company and Bruce Talley on 10/5/02 of notice of motion to compel arbitration et al (rl) (Entered: 12/11/2002)
12/06/2002 342 ANSWER filed by defendant Bruce Talley to 4th amended complaint [279-1]; jury demand (rl) (Entered: 12/17/2002)
12/12/2002 334 STIPULATION and ORDER EXTENDING TIME FOR DFT GOLDSTEIN TO ANSWER THE 4TH AMD COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that the time w/in which Dft Goldstein may answer the 4th Amd Cmp is ext to 12/31/02 (dw) (Entered: 12/16/2002)
12/13/2002 333 NOTICE OF INTERESTED PARTIES filed by defendant (dw) (Entered: 12/16/2002)
12/13/2002 335 NOTICE OF MOTION AND MOTION by defendant to dismiss 4th amd consolidated complaint ; motion hearing set for 10:00 1/21/03 (dw) (Entered: 12/16/2002)
12/13/2002 336 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by defendant Healthcare Financial Solutions of motion to dismiss 4th amd consolidated complaint [335-1] (dw) (Entered: 12/16/2002)
12/13/2002 337 DECLARATION of Mark P Epstein by defendant Healthcare Financial Solutions' motion to dismiss 4th amd consolidated complaint [335-1] (dw) (Entered: 12/16/2002)
12/13/2002 338 REQUEST by defendant Healthcare Financial Solutions' for Judicial Notice re motion to dismiss 4th amd consolidated complaint [335-1] (dw) (Entered: 12/16/2002)
12/13/2002 339 PROOF OF SERVICE by defendant Healthcare Financial Solutions on 12/13/02 of 1) Defendant Healthcare Financial Solutions' Ntc of Mot to Dism & Mot to Dism Consolidated 4th Amd Cmp; (See doc for fur info) (dw) (Entered: 12/16/2002)
12/16/2002 340 NOTICE OF MOTION AND MOTION by defendant Capital Valuation to dismiss 4th amd cmp on the grounds that plfs 7th & 8th causes of actn contain claims that are time-barred , and to dismiss for lack of personal jurisdiction ; motion hearing set for 10:00 1/13/03; Memorandum of Points & Authorities; of Mark Roth; Lodged order (dw) Modified on 12/17/2002 (Entered: 12/17/2002)
12/16/2002 341 PROOF OF SERVICE by defendant Capital Valuation on 12/16/02 of 1) Defendant Capital Valuation Group Inc's Ntc of Motion & Motion to Dism Plf's 4th Amd Cmp; Memo of PA; Decl of Mark Roth & 2) [Proposed] Order on Capital Valuation Group's Mot to Dismiss Plf's 4th Amd Cmp (dw) (Entered: 12/17/2002)
12/17/2002 343 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendants James F Dlugosh, James Clarey, Kenneth Dawkins -by Lindsay G Arthur Jr. Designating Kevin W Alexander as local counsel. Approved by Judge Dickran Tevrizian. (Fee pd) (dw) (Entered: 12/19/2002)
12/17/2002 344 STIPULATION RE DATE FOR RESPONSE OF DFTS JOHN M CLAREY AND JAMES F DLUGOSH TO PLFS' CONSOLIDATED 4TH AMENDED COMPLAINT; ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED that dfts John M Clarey & James F Dlugosh have to & incl 12/31/02 to file their responses to plfs'consolidated 4th amd cmp (dw) (Entered: 12/19/2002)
12/19/2002 345 EX PARTE APPLICATION filed by defendant US Trust Corporation for order authorizing the use of electronic svc of docs on ptys in this action as an additional & alternative method of svc to those prescribed by Rule 5 of FRCvP & the LR for the USDC for the Central District ; Lodged ord (wm) (Entered: 12/20/2002)
12/19/2002 346 DECLARATION of Arnold D Woo by defendant US Trust Corporation re ex parte application for order authorizing the use of electronic svc of docs on ptys in this action as an additional & alternative method of svc to those prescribed by Rule 5 of FRCvP & the LR for the USDC for the Central District [345-1] (wm) (Entered: 12/20/2002)
12/19/2002 347 MEMORANDUM OF P/A IN SUPPORT by defendant US Trust Corporation of ex parte application for order authorizing the use of electronic svc of docs on ptys in this action as an additional & alternative method of svc to those prescribed by Rule 5 of FRCvP & the LR for the USDC for the Central District [345-1] (wm) (Entered: 12/20/2002)
12/19/2002 348 DEFENDANT CAPITAL VALUATION GROUP, INC'S AMENDED NOTICE OF MOTION to dismiss plf's 4th amended complaint ; motion hearing set for 10:00 1/21/03 (rl) (Entered: 12/23/2002)
12/19/2002 PLACED IN FILE - NOT USED; Proposed Order Vacating and Modifying Order of 10/18/02 Granting in Part and Denying in Part Defendants Sabo & Green and Joel T Boehm's Motion to Dismiss Third Amended Complaint; lodged 10/29/02 (nhac) (Entered: 12/26/2002)
12/19/2002 356 NOTICE OF APPEARANCE for Dft City of Desert Hot Springs Public Financing Authority by Atty Kevin Patrick McVerry (dw) (Entered: 01/03/2003)
12/23/2002 350 OPPOSITION by Plfs' Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea to Dft James E Iverson's motion to dismiss in part the
5th & 6th causes of actn from Plfs' 4th amd cmp [310-1] (dw) (Entered: 12/30/2002)
12/23/2002 351 REQUEST by Plfs' Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea for Judicial Notice in Opp to Dft James E Iverson's motion to dismiss in part the 5th & 6th causes actn from Plfs' 4th amd cmp [310-1] (dw) (Entered: 12/30/2002)
12/23/2002 352 OPPOSITION by Plfs Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea to Dfts' Hentges Larsen Tabolich Erickson & Ekholm's motion to dismiss 4th amd cmp [320-1] (dw) (Entered: 01/02/2003)
12/23/2002 353 OPPOSITION by Plfs' Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea to Dfts Sabo & Green & Joel T Boehm's motion to dismiss 4th amd cmp [312-1] (dw) (Entered: 01/02/2003)
12/27/2002 349 ORDER RE ELECTRONIC SERVICE by Judge Dickran Tevrizian: It is hereby ordered that: A) Whenver service is required by the FRCP & the local rules for the US District Court for the CDCA in lieu of the methods set forth in FRCP Rule 5(b) & Local Rule 5-3 any party may deliver a copy of the doc by the fol procedure: 1) By 6:30pm on the same day that any doc is filed with the Court or is otherwise required to be served upon the parties a copy shall be sent to Verilaw Technologies Inc located at 400 East Lancaster Ave Suite 300 Wayne PA 19087, www.verilaw.com by: a) electronic transfer; b) facsimile transmission; c) personal delivery or d) overnight delivery; C) This order authorizing electonic service applies to all actions currently included in MDL 1475 & shall in the future automatically be applicable to all actions hereinafter added to MDL 1475 whether by order of the Judical Panel on Multidistrict Litigation, order of this Court or stip of the parties (See doc for fur info) (dw) (Entered: 12/30/2002)
12/30/2002 354 REPLY BRIEF by defendant James E Iverson in suppt of motion to dismiss in part the 5th & 6th causes of actn from Plfs' 4th amd cmp [310-1] (dw) (Entered: 01/02/2003)
12/30/2002 355 REPLY BRIEF by Dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm in suppt of motion to dismiss 4th amd cmp [320-1] (dw) (Entered: 01/02/2003)
12/30/2002 358 REPLY by Plfs Joel T Boehm, Sabo & Green to Opp to Dfts Sabo & Green & Joel T Boehm's motion to dismiss consolidated 4th amd cmp [312-1] (dw) (Entered: 01/03/2003)
12/31/2002 357 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/25/02 (Re:) CR: Cynthia Mizell. (see MDL 1475-DT) (ghap) (Entered: 01/03/2003)
12/31/2002 360 NOTICE OF MOTION AND MOTION by Dfts John M Clarey, James F Dlugosh to dismiss Consolidated 4th Amd Cmp ; motion hearing set for 10:00 1/27/03 (dw) (Entered: 01/06/2003)
12/31/2002 361 MEMORANDUM of Points & Authorities in support by Dfts John M Clarey, James F Dlugosh of motion to dismiss Consolidated 4th Amd Cmp [360-1] (dw) (Entered: 01/06/2003)
12/31/2002 362 REQUEST by Dfts John M Clarey, James F Dlugosh for Judicial Notice re motion
to dismiss Consolidated 4th Amd Cmp [360-1] (dw) (Entered: 01/06/2003)
01/02/2003 359 ANSWER filed by defendant Jerold Golstein to 4th amended complaint [279-1]; jury demand (dw) (Entered: 01/03/2003)
01/02/2003 363 NOTICE OF ERRATA by plaintiff correcting Request for Judicial Notice in Suppt of Plfs' Opp to Dft James E Iverson's Mot to Dism in Part the 5th & 6th Causes of Actn from Plfs' 4th Amd Cmp (dw) (Entered: 01/06/2003)
01/02/2003 364 PROOF OF SERVICE by Dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson, Paul R Ekholm via mail on 12/30/02 re Reply Brief in Suppt of Mot to Dism (dw) (Entered: 01/06/2003)
01/06/2003 368 ORDER by Judge Dickran Tevrizian GRANT in part DENY in part dfts Edward J Hentges, Kenneth R Larsen, Jerome E Tabolich, Steven W Erickson and Paul R Ekholm's motion to dismiss consolidated 4th amd cmp [320-1] purs to FRCP12(b)(6) and 9(b). Moving dfts' Motion to Dismiss Plfs' 2nd Cause of Action for Control Person Liability under Section 20 of the Securities Exchange Act is granted w/prej and w/o lv to amend; Moving dfts' Motion to Dismiss Plfs' 5th Cause of Action for Control Person Liability under California Corporations Code Section 25504 is granted in aprt w/prej and w/o lv to amend as to Plfs' claims relating to the 12/22/97 and 7/10/98 Official Statements; and Moving dfts' Motion to Dismiss Plfs' 8th Cause of Action for Negligent Misrepresentation is denied (see doc for fur details) (rl) (Entered: 01/09/2003)
01/06/2003 369 ORDER by Judge Dickran Tevrizian IT IS SO ORDERED that this Court grants Plfs' Request for Judicial Notice. The Court grants in part w/prej and w/o lv to amend dft James E Iverson's Motion to Dismiss the 5th and 6th Causes of Action of Plfs' 4th Amd Cmp [310-1] (see doc for fur details) (rl) (Entered: 01/09/2003)
01/06/2003 370 ORDER by Judge Dickran Tevrizian IT IS SO ORDERED that this Court grants Attorney Dfts' Request for Judicial Notice in Support of Motion to Dismiss Plfs' Consolidated 4th Amended Complaint and grants Attorney Dfts' Motion to Dismiss Plfs' Consolidated 4th Amended Complaint as set forth herein (see doc for fur details) (rl) (Entered: 01/09/2003)
01/06/2003 371 MINUTES by Judge Dickran Tevrizian: HEARING 1) Dft Iverson's Mot to Dism in Part the 5th & 6th Causes of Action from Plf's 4th Amd Cmp 2) Dfts Sabo & Gren & Joel T Boehm's Mot to Dism Consolidated 4th Amd Cmp; 3) Dfts Hentges Larsen Tabolich Erickson & Ekholm's Mot to Dism: Matter called & appearances made; After argument Court adopts tentative rulings & signs orders; Motion 1 [310-1] is granted in part; Motion 2 [312-1] is granted; Motion 3 [320-1] is granted in part & denied in part; CR: Lori Muraoka (dw) (Entered: 01/13/2003)
01/07/2003 365 OPPOSITION by Plfs' Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea to Dft Capital Valuation Group's motion to dismiss 4th amd cmp on the grounds that plfs 7th & 8th causes of actn contain claims that are time-barred [340-1] (dw) (Entered: 01/08/2003)
01/07/2003 366 OPPOSITION by Plfs Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea to motion of Dft Healthcare Financial Solutions Mot to Dismiss 4th amd complaint [5-1] (dw) (Entered: 01/08/2003)
01/07/2003 367 REQUEST by Plfs' Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea for Judicial Notice in suppt of Plf's Opp to Dft Healthcare Financial Solutions' motion to dismiss 4th amd consolidated complaint [335-1] (dw) (Entered: 01/08/2003)
01/13/2003 372 OBJECTION by plaintiffs to Request for Judicial Ntc of Dfts Clarey & Dlugosch motion to dismiss Consolidated 4th Amd Cmp [360-1] (dw) (Entered: 01/15/2003)
01/13/2003 373 OPPOSITION by plaintiffs to Dfts Clarey & Dlugosch's motion to dismiss Consolidated 4th Amd Cmp [360-1] (dw) (Entered: 01/15/2003)
01/13/2003 374 MINUTES by Judge Dickran Tevrizian: 1) Motion of the Heritage Bondholder Group for Appt as Co-Lead Plfs & for Approval of Lead Plfs' Selection of Lead Cnsl; 2) Mot to Consolidate; & 3) For the Appt of Lead Plf & Lead Cnsl & for Related Relief: Mot of the Heritage Bondholder Group for Appt as Co-Lead Plfs & for Approval of Lead Plfs' Selection of Lead Cnsl is granted; Mot to Consolidate is granted; Mot for the Appt of Lead Plf & Lead Cnsl & for Related Relief is denied; CR: Lori Muraoka (dw) (Entered: 01/16/2003)
01/13/2003 376 STIPULATION RE DATE FOR RESPONSE OF DFT CODDINGTON APPRAISAL SERVICES INC TO PLFS' CONSOLIDATED FOURTH AMENDED COMPLAINT; ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED that Coddington have to & incl 1/22/03 to file its response to plf's consolidated 4th amd cmp (dw) (Entered: 01/16/2003)
01/14/2003 375 SUPPLEMENTAL DECL of Mark P Epstein in suppt of defendant Helathcare Financial Solutions' motion to dismiss 4th amd consolidated complaint [335-1] (dw) (Entered: 01/16/2003)
01/14/2003 387 REPLY MEMORANDUM IN SUPPT OF defendant Healthcare Financial Solutions' motion to dismiss 4th amd consolidated complaint [335-1] (dw) (Entered: 01/24/2003)
01/16/2003 377 CERTIFICATION OF INTERESTED PARTIES filed by John M Clarey, James F Dlugosh (dw) (Entered: 01/17/2003)
01/16/2003 378 PROOF OF SERVICE by John M Clarey, James F Dlugosh on 1/16/03 of Certification of Interested Parties (dw) (Entered: 01/17/2003)
01/21/2003 379 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 01/06/03. CR: L. Muraoka. (MDL 02-1475) (cbr) (Entered: 01/22/2003)
01/21/2003 380 REQUEST by John M Clarey, James F Dlugosh for Judicial Notice in Suppt of Reply to Plfs' Opp to motion of Dfts Clarey & Dlugosch to dismiss Consolidated 4th Amd Cmp [360-1] (dw) (Entered: 01/22/2003)
01/21/2003 381 REPLY of Dfts John M Clarey, James F Dlugosh to Plfs' Opp to Dft's motion to dismiss Consolidated 4th Amd Cmp [360-1] (dw) (Entered: 01/22/2003)
01/21/2003 382 PROOF OF SERVICE by James F Dlugosh, James Clarey on 1/16/03 of Reply of Dfts John M Clarey & James F Dlugosch to Plfs' Opp to Dfts' Mot to Dism Consolidated 4th Amd Cmp (dw) (Entered: 01/22/2003)
01/21/2003 383 DECLARATION of Diligence by defendants Dlugosch & Clarey re reply to Opp to
Mot to Dism Consolidated 4th Amd Cmp [381-1] (dw) (Entered: 01/22/2003)
01/21/2003 384 ORDER GRANTING IN PART AND DENYING IN PART DFT CAPITAL VALUATION GROUP INC'S MOT TO DISM PLFS' 4TH AMD COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED this Court grants in part & denies in part Dft Capital Valuation Group's Inc's Mot to Dism Plfs' 4th Amd Cmp as follows: 1) Capital Valuation's Mot to Dism Plfs' 4th Amd Cmp for Lack of Personal Jurisdiction [340-2] is denied; 2) Capital Valuation's Mot to Dism the 7th Cause of Action for Jt & Several Liability under CA Corporations Code Section 25504.2 is granted w/prej & w/o leave to amend [340-1]; & 3) Capital Valuations's Mot to Dism the 8th Cause of Action for Negligent Misprepresentation [340-1] is denied (dw) (Entered: 01/23/2003)
01/21/2003 385 ORDER 1) GRANTING DFT HEALTHCARE FINANCIAL SOLUTIONS' REQUEST FOR JUDICIAL NOTICE IN SUPPT OF MOT TO DISM CONSOLIDATED 4TH AMENDED COMPLAINT; and 2) GRANTING IN PART & DENYING IN PART DFT HEALTHCARE FINANCIAL SOLUTIONS' MOT TO DISM CONSOLIDATED 4TH AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED: This Court grants Dft HFS' Request for Judicial Notice [338-1] & grants in part & denies in part Dft HFS' Mot to Dism Plf's Consolidated 4th Amended Complaint [335-1] as follows: 1) HFS' Mot to Dism Plfs' 7th Cause of Action for Jt & Several Liability Under CA Corp Code Section 25504.2 is granted w/prej & w/o leave to amend; & & 2) HFS's Mot to Dism Plfs' 8th Cause of Actn for Negligent Mispresentation is denied (dw) (Entered: 01/23/2003)
01/21/2003 386 MINUTES by Judge Dickran Tevrizian: 1) DFT HEALTHCARE FINANCIAL SOLUTIONS MOTION TO DISMISS CONSOLIDATED 4TH AMENDED COMPLAINT; 2) REQUEST FOR JUDICIAL NOTICE; and 3) DFT CAPITAL VALUATION GROUP'S MOT TO DISM PLF'S 4TH AMENDED COMPLAINT: The Court orders the mot [353-1] [358-1]: Submitted as to motions 1 & 2; Granted in part & denied in part as to Mot #3 [340-1]; Cnsl submit on the tentative ruling as to mot #3; CR: Lori Muraoka (dw) (Entered: 01/23/2003)
01/21/2003 PLACED IN FILE - NOT USED: [PROPOSED] ORDER GRANTING DFT JAMES E IVERSON'S MOT TO DISM IN PART THE 5TH & 6TH CAUSES OF ACTN FROM PLFS' 4TH AMD CMP lodged on 11/21/02 (dw) (Entered: 01/23/2003)
01/21/2003 PLACED IN FILE - NOT USED: [PROPOSED] ORDER GRANTING DFT SABO & GREEN AND JOEL T BOEHM'S MOT TO DISM CONSOLIDATED 4TH AMD COMPLAINT lodged on 11/21/02 (dw) (Entered: 01/23/2003)
01/21/2003 PLACED IN FILE - NOT USED: [PROPOSED] ORDER GRANTING DFT HEALTHCARE FINANCIAL SOLUTIONS MOT TO DISM CONSOLIDATED 4th AMD COMPLAINT PURS TO FRCP 12(b)(6) lodged on 12/13/02 (dw) (Entered: 01/23/2003)
01/21/2003 PLACED IN FILE - NOT USED: [PROPOSED] ORDER ON CAPITAL VALUATION GROUP'S MOT TO DISM PLF'S 4th AMD COMPLAINT lodged on 12/16/02 (dw) (Entered: 01/23/2003)
01/21/2003 388 ANSWER filed by Dfts Edward J Hentges, Kenneth R Larsen, Jerome Tabolich,
Steven W Erickson, Paul R Ekholm to Consolidated 4th amended complaint [279-1] (dw) (Entered: 01/27/2003)
01/27/2003 389 ORDER 1) GRANTING IN PART AND DENYING IN PART DFTS JOHN M. CLAREY & JAMES F. DLUGOSCH'S REQUEST FOR JUDICIAL NTC IN SUPPT OF MOT TO DISM; 2) GRANTING DFTS JOHN M CLAREY & JAMES F DLUGOSCH'S REQUEST FOR JUDICIAL NTC IN SUPPT OF REPLY TO OPP TO MOT TO DISMISS; AND 3) GRANTING IN PART AND DENYING IN PART DFTS JOHN M CLAREY AND JAMES F DLUGOSCH'S MOT TO DISMISS CONSOLIDATED 4TH AMD COMPLAINT by Judge Dickran Tevrizian: This Court grant in part denies in part dfts John M Clarey & James F Dlugosch's request judicial notice in suppt of their Mot to Dism Plfs Consolidated 4th Amd Complaint; [362-1], grants Dfts John M Clarey and James F Dlugosch's Request for Judicial Ntc in Suppt of their Reply [381-1], & grants in part denies in part Dfts John M Clarey & James F Dlugosch's Motion to Dismiss Consolidated 4th Amd Cmp [360-1] as follows: 1) Clarey & Dlugosch's Mot to Dism Plf's 2nd Cause or Actn for Control Person Liability Under Section 20 of the Securities Exchange Act is granted w/prej & w/o leave to amend; 2) Clarey & Dlguosch's Mot to Dism Plfs' 5th Cause of Actn for Control Person Liability under CA Corps Code Section 25504 is granted in part w/prej & w/o leave to amend as to Plfs' claims relating to the 12/22/97 & 7/10/98 Official Stmts; 3) Clarey & Dlugosch's Mot to Dism Plfs' 8th Cause of Actn for Negligent Misrepresentation is denied; (dw) (Entered: 01/29/2003)
01/27/2003 391 MINUTES by Judge Dickran Tevrizian: The Court orders Dft's John M Clarey & James F Dlugosch's Mot to Dism Consolidated 4th Amd Cmp [360-1] granted in part & denied in part; Plf shall file their 5th amd consolidated complaint NLT 2/10/03; Responses are due 30 days thereafter; CR: Lori Muraoka (dw) (Entered: 01/30/2003)
01/30/2003 390 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/13/03 (Re: ) CR: Lori Muraoka (consolidated with MDL 1475 DT) (weap) Modified on 01/30/2003 (Entered: 01/30/2003)
02/06/2003 392 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/21/03 (Re:) CR: Lori Muraoka (consolidated with MDL 1475) (weap) Modified on 02/07/2003 (Entered: 02/07/2003)
02/10/2003 393 CONSOLIDATED FIFTH AMENDED COMPLAINT [279-1] by plaintiff in 2:01-cv-05752 terminating defendants Bank of New York Inc, Heritage Rancho; adding Does Inclusive to case(s) 2:01-cv-05752,; jury demand. Summons issued (dw) (Entered: 02/11/2003)
02/10/2003 SUMMONS issued as to defendants (dw) (Entered: 02/11/2003)
02/11/2003 394 NOTICE OF CHANGE OF ATTORNEY INFORMATION for defendants Joel T Boehm, Sabo & Green by attorneys K Elizabeth Dunn, Steven Cruz Uribe, Douglas M Butz (dw) (Entered: 02/12/2003)
02/13/2003 397 NOTICE OF ERRATA - Format Corrections by Plaintiffs: Betker Partners One, Betker Partners, Betker Family Trust, Lori O'Shea, Michael O'Shea correcting Consolidated Fifth amended complaint [393-1] (dw) (Entered: 02/20/2003)
02/14/2003 395 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 1/27/03 (Re: ) CR: Toni Hudson (MDL 02-1475 DT) (pjap) (Entered: 02/19/2003)
02/14/2003 396 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering 1) Notice of Errata 2) Summons submitted by plaintiffs received on 2/13/03 to be filed and processed; file date to be the date the document was stamped "received but not filed" w/the Clerk (dw) (Entered: 02/19/2003)
02/24/2003 SUMMONS issued as to defendants (See document for defendants served) on Consolidated 5th Amended Complaint (dw) (Entered: 02/26/2003)
02/25/2003 402 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering Defendant Tarrant's Original Answer submitted received on 2/21/03 is not to be fld but instead rejected; Denial based on: Party did not submit enough copies for related cases; Also Defendant is in violation of Local Rule 83-2.10.1 - A Corporation may not appear pro se (dw) (Entered: 02/28/2003)
02/26/2003 398 ANSWER filed by defendant Capital Valuation Group to Plaintiffs' 5th amended complaint [393-1] (dw) (Entered: 02/27/2003)
02/26/2003 399 NOTICE OF INTERESTED PARTIES filed by defendant Capital Valuation Group (dw) (Entered: 02/27/2003)
02/26/2003 400 PROOF OF SERVICE by defendant Capital Valuation on 2/26/03 of 1) Answer to Plaintiffs' 5th Amended Complaint; 2) Defendant Capital Valuation Group's Notice of Interested Parties (dw) (Entered: 02/27/2003)
02/26/2003 401 PROOF OF SERVICE by defendant Capital Valuation on 2/26/03 of 1) Response to Plaintiff's Third Amended Consolidated Class Action Complaint; 2) Defendant Capital Valuation Group's Notice of Interested Parties (dw) (Entered: 02/27/2003)
03/03/2003 403 ANSWER filed by Cbiz Valuation Inc dba Cbiz Valuation Counselors fka Valuation Counselors Group Inc and Zelenkofske Axelrod & Co Ltd to Consolidated 5th amended complaint [393-1]; jury demand (dw) (Entered: 03/06/2003)
03/04/2003 405 STIPULATION AND ORDER RE EXTENSION OF TIME FOR CERTAIN DEFENDANTS' RESPONSE TO FIFTH AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that defendants Robert A Kasirer, Health Care Holdings LLC, CareContinuum LLC, BHMC Corp, JDDJ Holdings LP, Debra Kasirer individually and as Trustee of the Debra Kasirer Trust and Canon Realty Corporation shall have to and including 3/24/03 to respond to the Consolidated 5th Amended Complaint on file herein (dw) (Entered: 03/07/2003)
03/04/2003 406 STIPULATED PROTECTIVE ORDER RE FINANCIAL DISCLOSURE; ORDER THEREON by Judge Dickran Tevrizian: IT IS SO ORDERED 1) The documents or other information representations and opinions disclosed or produced by or on behalf of the Kasirers to Plaintiffs during the course of settlement negotiations in this action shall not be used for any purpose other than to attempt to reach a settlement as to the Kasirers and the Kasirer Entities and their officers and directors; (See document for further information) (dw) (Entered: 03/07/2003)
03/06/2003 404 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to the caption on all documents submitted in regards to the Betker action;
While such documents should continue to reflect the MDL number and the case numbers of all consolidated cases they should relate only to the low numbered case in the Betker Action; Thus documents filed in regards to the Betker Action should relate only to CV01 5752 (RCx); Papers will only be docketed under the low numbered case CV 01-5752 DT (RCx) and the MDL Docket No. 1475; Accordingly where proposed orders are lodged with this Court only 1 copy and 1 original need be lodged (See document for further information) (dw) (Entered: 03/07/2003)
03/11/2003 407 ANSWER filed by Defendants John M Clarey, James F Dlugosch to Consolidated 5th Amended Complaint [393-1] (dw) (Entered: 03/12/2003)
03/11/2003 408 NOTICE OF MOTION AND MOTION by defendant Sabo & Green to dismiss consolidated 5th amended complaint ; motion hearing set for 10:00 4/28/03 (dw) (Entered: 03/12/2003)
03/11/2003 409 MEMORANDUM OF POINTS AND AUTHORITIES by defendant Sabo & Green in support of motion to dismiss consolidated 5th amended complaint [408-1] (dw) (Entered: 03/12/2003)
03/11/2003 410 NOTICE OF MOTION AND MOTION by defendant Joel T Boehm to dismiss Plaintiff's 5th amended complaint ; motion hearing set for 10:00 4/28/03 (dw) (Entered: 03/12/2003)
03/11/2003 411 MEMORANDUM OF POINTS AND AUTHORITIES by defendant Joel T Boehm in support of motion to dismiss Plaintiff's 5th amended complaint [410-1] (dw) (Entered: 03/12/2003)
03/11/2003 412 DECLARATION OF SERVICE by defendant Joel T Boehm on 3/11/03 of Notice of Motion and Defendant Joel T Boehm's Motion to Dismiss Plaintiffs' 5th Amended Complaint; Memorandum of Points and Authorities in Support of Defendant Joel T Boehm's Motion to Dismiss Plaintiffs' 5th Amended Complaint (dw) (Entered: 03/12/2003)
03/11/2003 415 ATTORNEY SUBSTITUTION: filed by Defendant Richard Kuhl attorney William E. Crockett and substituting attorney William E. Crockett in stead of Irv M. Gross by Judge Dickran Tevrizian (dw) (Entered: 03/17/2003)
03/12/2003 413 ANSWER filed by defendant Healthcare Financial to Consolidated 5th amended complaint [393-1]; jury demand (dw) (Entered: 03/13/2003)
03/12/2003 414 ANSWER filed by Defendants Edward J Hentges, Kenneth R Larsen, Jerome Tabolich, Steven W Erickson, Paul R Ekholm to Consolidated 5th amended complaint [393-1] (dw) (Entered: 03/13/2003)
03/17/2003 416 ANSWER filed by defendant Bank of New York to 5th consolidated amended complaint [393-1] (dw) (Entered: 03/18/2003)
03/17/2003 418 LETTER re Notice of Document Discrepancy order ordering Defendant Tarrant's Original Answer submitted received on 2/21/03 is not to be filed but instead rejected; Denial based on: Party did not submit enough copies for related cases; Also Defendant is in violation of Local Rule 83-2.10.1 - A Corporation may not appear pro se [402-1] (dw) (Entered: 03/24/2003)
03/18/2003 417 NOTICE OF DISCREPANCY AND ORDER by Judge Dickran Tevrizian ordering Letter from Defendant Tarrant County Health Facililties Corporation received on 3/17/03 to be filed and processed; filed date to be the date document was stamped "received but not filed" with the Clerk ; (dw) (Entered: 03/24/2003)
03/27/2003 419 STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO THE 5TH AMENDED COMPLAINT by Judge Dickran Tevrizian: IT IS SO ORDERED that the Kasirer Defendants shall have to and including 4/24/03 within which to respond to the 5th Amended Complaint (dw) (Entered: 03/31/2003)
04/09/2003 420 OPPOSITION by defendant Sabo & Green to Class Action Plaintiff's Ex Parte Application for an Order Requiring Attorney Defendants to Produce Insurance Policies (dw) (Entered: 04/11/2003)
04/09/2003 421 ATTORNEY SUBSTITUTION: terminating attorney Michael C Robinson Jr for defendant Jerold Goldstein in 2:01-cv-05752 by defendant Jerold Goldstein in 2:01-cv-05752 and attorney William E. Crockett by Judge Dickran Tevrizian (dw) (Entered: 04/14/2003)
04/14/2003 422 JOINT OPPOSITION by plaintiffs to Defendants Sabo & Green and Joel T. Boehm's motions to dismiss Plaintiff's 5th amended complaint [410-1] [408-1] (dw) (Entered: 04/15/2003)
04/21/2003 423 REPLY by defendant Sabo & Green to Class-Action Plaintiffs' Opposition to Motion to Dismiss the Third Amended Consolidated Class-Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 424 REPLY by Defendants Joel T Boehm, Sabo & Green to Plaintiffs' Joint Opposition to Defendants Sabo & Green and Joel T. Boehm's motions to dismiss Plaintiff's 5th amended complaints [410-1], [408-1] (dw) (Entered: 04/22/2003)
04/21/2003 425 Supplemental Joint Request for Judical Notice by defendant Sabo & Green in support Motions to Dismiss Third Amended Consolidated Class Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 426 DECLARATION of Steven C Uribe by defendant Sabo & Green in support of Defendant Sabo & Green's Reply to Motion to Dismiss Third Amended Consolidated Class Action Complaint (dw) (Entered: 04/22/2003)
04/21/2003 427 REPLY by defendant Joel T Boehm to Plaintiffs' Opposition to motion to dismiss Plaintiff's 5th amended complaint [410-1] (dw) (Entered: 04/22/2003)
04/28/2003 430 ORDER 1) DENYING DEFENDANT SABO & GREEN'S MOTION TO DISMISS CONSOLIDATED FIFTH AMENDED COMPLAINT UNDER FEDERAL RULE CIVIL PROCEDURE 12(b)(6); AND 2) DENYING DEFENDANT JOEL T. BOEHM'S MOTION TO DISMISS PLAINTIFFS' FIFTH AMENDED COMPLAINT by Judge Dickran Tevrizian: In light of the foregoing this Court 1) denies Defendant Sabo & Green's Motion to Dismiss Consolidated 5th Amended Complaint [408-1]; and 2) denies Defendant Joel T. Boehm's Motion to Dismiss Plaintiff's Fifth Amended Complaint [410-1] (dw) (Entered: 04/30/2003)
04/28/2003 431 MINUTE by Judge Dickran Tevrizian: 1) Defendant Sabo & Green's Motion to Dismiss Consolidated Fifth Amended Complaint; 2) Defendant Joel T. Boehm's
Motion to Dismiss Consolidated Fifth Amended Complaint. Matter called and appearances made. Court adopts tentative rulings denying motions signs orders and instructs clerk to file and process; CR: Lori Muraoka (dw) (Entered: 05/02/2003)
04/29/2003 428 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: This Court sets the following briefing schedule for Outside Director Defendants' Motions to Strike Limited Opposition of US Trust Defendants to Rule 12 Motions of Certain Defendants: Opposition - 5/7/03 Reply - 5/14/03 Upon receipt of all papers this Court will set a hearing date for the motion to strike for the same date as the underlying motions to dismiss. CR: None Present (dw) (Entered: 04/30/2003)
04/29/2003 429 MINUTES (IN CHAMBERS) by Judge Dickran Tevrizian: This Court has been notified of a potential settlement with respect to certain parties. Further this Court instructs counsel and/or parties to file notices of withdrawal of pending motions to dismiss no later than 5/13/03 with the right to renew their motions in the event that settlement is not consummated. The Court thereafter will set hearing dates on the remaining motions to dismiss. CR: None Present (dw) (Entered: 04/30/2003)
05/06/2003 432 NOTICE OF CLERICAL ERROR: Civil Minutes (Minute Order) 4/29/03 Document No. 428 was docketed to incorrect case CV01-5752 DT; Correct Case is CV 02-382 DT (dw) Modified on 05/06/2003 (Entered: 05/06/2003)
05/06/2003 433 NOTICE OF CLERICAL ERROR: This Civil Minutes (Minute Order) filed 4/29/03 Document No. 429 was docketed to incorrect case CV01-5752 DT; Correct Case is CV 02-382 DT (dw) (Entered: 05/06/2003)
05/13/2003 434 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 4/28/03 (Re:) CR: Lori Muraoka (consolidated w/MDL 1475 DT; CV 02-6512 DT) (weap) (Entered: 05/14/2003)
05/14/2003 TRANSCRIPT filed for proceedings held on 4/28/03 (weap) (Entered: 05/14/2003)
05/19/2003 445 ANSWER filed by defendant Sabo & Green to Consolidated Fifth Amended Complaint [393-1] (dw) (Entered: 06/16/2003)
05/20/2003 435 CERTIFICATION OF INTERESTED PARTIES filed by defendant Joel T Boehm (dw) (Entered: 05/21/2003)
05/20/2003 436 ANSWER filed by defendant Joel T Boehm to Consolidated Fifth amended complaint [393-1]; jury demand (dw) (Entered: 05/21/2003)
05/29/2003 437 EX PARTE APPLICATION filed by Class Action Plaintiffs for order extending discovery cut off and pretrial date for all parties in all cases . Lodged Proposed Order. (gk) (Entered: 05/30/2003)
06/02/2003 438 ORDER ON EX PARTE APPLICATION FOR ORDER EXTENDING DISCOVERY CUT OFF AND PRE-TRIAL DATE FOR ALL PARTIES IN ALL CASES by Judge Dickran Tevrizian: The following dates shall apply to all of the consolidated cases and any cases consolidated thereunder: Case Nos. CV01-5752 (BETKER ACTION), CV02-382 (CLASS ACTION), CV02-2745 (TRUSTEE ACTION), and CV 02-6512 (SEC RECEIVER ACTION) (Ex Parte Application [437-1]) ; discovery cut off 6/28/04; Pretrial Conference set for 1:30 8/30/04; Trial set on 1:30 8/30/04 ; The Pretrial Conference and Trial Setting Date does not apply to companion case CV02-6512 DT. These dates will be set at the scheduling
conference (dw) (Entered: 06/05/2003)
06/03/2003 439 NOTICE OF MOTION AND MOTION by Attorney for Defendants John M Clarey, James F Dlugosh of Gordon & Rees LLP and Arthur Chapman Kettering Smetak & Kettering PA for leave to withdraw as counsel of record for James F. Dlugosch ; motion hearing set for 10:00 6/30/03 (dw) (Entered: 06/05/2003)
06/03/2003 440 MEMORANDUM IN SUPPORT by defendants of motion for leave to withdraw as counsel of record for James F. Dlugosch [439-1] (dw) (Entered: 06/05/2003)
06/03/2003 441 DECLARATION of Kevin W Alexander in support of by Defendants John M Clarey, James F Dlugosh re motion for leave to withdraw as counsel of record for James F. Dlugosch [439-1] (dw) (Entered: 06/05/2003)
06/03/2003 442 PROOF OF SERVICE by Attorney for Defendants John M Clarey, James F Dlugosh on 6/3/03 of Notice of Motion and Motion of Gordon & Rees LLP and Arthur Chapman Kettering Smetak & Kettering PA for Leave to Withdraw as Counsel of Record for James F. Dlugosch; (See document for further information) (dw) (Entered: 06/05/2003)
06/09/2003 443 SUPPLEMENTAL PROOF OF SERVICE on 5/30/03 by plaintiffs re Request for Production of Documents (dw) (Entered: 06/10/2003)
06/10/2003 444 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 5/19/02 (Re: ) CR: Lori Muraoka (consolidated with MDL 1475) (pjap) (Entered: 06/12/2003)
06/17/2003 446 NOTICE OF ERRATA by defendant James F Dlugosh re: Notice of Motion and Motion of Gordon & Rees LLP and Arthur Chapman Kettering Smetak & Kettering PA motion for leave to withdraw as counsel of record for James F. Dlugosch [439-1] (dw) (Entered: 06/18/2003)
06/17/2003 447 PROOF OF SERVICE by defendant James F Dlugosh on 6/16/03 of Notice of Errata Re Notice of Motion and Motion of Gordon & Rees LLP and Arthur Chapman Kettering Smetak & Kettering PA for Leave to Withdraw as Counsel of Record for James F. Dlugosch (dw) (Entered: 06/18/2003)
06/27/2003 448 ORDER by Judge Dickran Tevrizian: This Court orders the parties to make a revision to the caption on all documents submitted in regards to In Re Heritage Bond Litigaiton namely the MDL case number. The caption on such documents should appear as follows: IN RE HERITAGE BOND LITIGATION, 02 ML 1475 DT (See document for additional required caption) (dw) (Entered: 06/30/2003)
06/30/2003 449 ORDER GRANTING MOTION OF GORDON & REES AND ARTHUR, CHAPMAN, KETTERING SMETAK & KETTERING PA FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR JAMES F. DLUGOSCH by Judge Dickran Tevrizian: This Court grants the Motion of Defendant James F. Dlugosch's Counsel, G&R and ACKSK to be relieved as Counsel pursuant to Local Rule 83-2.9.2.1 [439-1]. Defendant James F. Dlugosch is hereby designated to represent himself in propria persona. (See document for further information) (dw) (Entered: 07/03/2003)
07/02/2003 450 MINUTES by Judge Dickran Tevrizian: granting motion for leave to withdraw as counsel of record for James F. Dlugosch [439-1] CR: Lori Muraoka (dw) (Entered:
07/03/2003)
07/03/2003 451 STIPULATION TO EXTEND TIME FOR JEROLD V. GOLDSTEIN TO FILE RESPONSIVE PLEADING TO FIFTH AMENDED COMPLAINT AND ORDER by Judge Dickran Tevrizian: IT IS SO ORDERED that Mr. Goldstein be granted an extension of time up to an including 7/30/03 to file a responsive pleading to Plaintiff's Fifth Amended Complaint (dw) (Entered: 07/07/2003)
07/09/2003 452 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/30/03 (Re:) CR: Lori Muraoka (consolidated with MDL-1475) (weap) (Entered: 07/10/2003)
07/14/2003 453 ASSOCIATION of Counsel for Robert Kasirer, Debra Kasirer -, Carecontinumm LLC, Health Care Holdings, Canon Realty Corp, BMHC Corp, JDDJ Holdings LP by attorney Gary Kurtz as co-counsel (This document relates to CV01-5752 RCx) (dw) (Entered: 07/15/2003)
07/30/2003 454 ANSWER filed by defendant Jerold Goldstein to Consolidated Fifth amended complaint [393-1] (dw) (Entered: 07/31/2003)
08/06/2003 455 PROOF OF SERVICE by defendants on 8/6/03 of Substitution of Attorney (dw) (Entered: 08/07/2003)
08/07/2003 456 ATTORNEY SUBSTITUTION: terminating attorney Michael Floyd Wright for Debra Kasirer in 2:01-cv-05752 by defendant Debra Kasirer in 2:01-cv-05752 and substituting attorney Gary Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 457 SUBSTITUTION OF ATTORNEY by attorney for defendant HealthCare Holdings: terminating attorney Michael Floyd Wright for Health Care Holdings in 2:01-cv-05752 by defendant Health Care Holdings in 2:01-cv-05752 and substituting attorney Gary Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 458 ATTORNEY SUBSTITUTION: terminating attorney Michael Floyd Wright for JDDJ Holdings LP in 2:01-cv-05752 by defendant JDDJ Holdings LP in 2:01-cv-05752 and substituting attorney Gary Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 459 SUBSTITUTION OF ATTORNEY terminating attorney Michael Floyd Wright for BMHC Corp in 2:01-cv-05752 by defendant BMHC Corp in 2:01-cv-05752 and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 460 SUBSTITUTION OF ATTORNEY: terminating Michael F. Wright by defendant Debra Kasirer as Trustee of Debra Kasirer Trust in 2:01-cv-05752 and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 461 SUBSTITUTION OF ATTORNEY terminating attorney Michael Floyd Wright for Robert Kasirer - in 2:01-cv-05752 by defendant Robert Kasirer - in 2:01-cv-05752 and substituting attorney Gary A. Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/07/2003 462 SUBSTITUTION OF ATTORNEY terminating attorney Michael Floyd Wright for
Canon Realty Corp in 2:01-cv-05752 by defendant Canon Realty Corp in 2:01-cv-05752 and substituting Gary A. Kurtz by Judge Dickran Tevrizian (dw) (Entered: 08/08/2003)
08/08/2003 463 SUBSTITUTION OF ATTORNEY: terminating attorney Michael Floyd Wright for Carecontinumm LLC in 2:01-cv-05752 by defendant in 2:01-cv-05752 and substituting attorney by Judge Dickran Tevrizian (dw) (Entered: 08/12/2003)
10/03/2003 464 SUBSTITUTION OF ATTORNEY: terminating attorneys Brian E Palmer, Heather J Klaas, Jeffrey L Sikkema of dorsey & Whitney LLP for Edward J Hentges in 2:01-cv-05752 by defendant Edward J Hentges in and substituting attorney Diane L Dragan by Judge Dickran Tevrizian (dw) (Entered: 10/06/2003)
10/03/2003 465 SUBSTITUTION OF ATTORNEY: terminating attorneys Brian E Palmer, Heather J Klaas, Jeffrey L Sikkema for Steven W Erickson in 2:01-cv-05752 and substituting attorney Diane L Dragan by Judge Dickran Tevrizian (dw) (Entered: 10/06/2003)
10/03/2003 466 SUBSTITUTION OF ATTORNEY: terminating attorneys Brian E Palmer, Heather J Klaas, Jeffrey L Sikkema of Dorsey & Whitney LLP for Kenneth R Larsen in 2:01-cv-05752 by defendant Kenneth R Larsen in and substituting attorney Diane L Dragan by Judge Dickran Tevrizian (dw) (Entered: 10/06/2003)
10/03/2003 467 SUBSTITUTION OF ATTORNEY: terminating attorneys Brian E Palmer, Heather Klaas, Jeffrey L Sikkema of Dorsey & Whitney LLP for Paul R Ekholm in 2:01-cv-05752 by defendant Paul R Ekholm and substituting attorney Diane L Dragan by Judge Dickran Tevrizian (dw) Modified on 10/06/2003 (Entered: 10/06/2003)
10/29/2003 468 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 10/20/03 (Re:), CR: Lori Muraoka. (Please see 02ML1475 for the transcript) (wdc) (Entered: 11/03/2003)
12/08/2003 469 BETKER-O'SHEA PLAINTIFFS' OPPOSITION to the Kasirer Defendants' Motion to Stay Civil Action Pending Resolution of Criminal Investigation; Memorandum of Points and Authorities; Declaration of Lisa A Roquemore (dw) (Entered: 12/09/2003)
12/16/2003 470 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/3/03 (Re:) CR: Lori Muraoka (Exceptional Reporting) (consolidated with ML 02-1475) (weap) (Entered: 12/17/2003)
12/22/2003 471 ORDER DENYING KASIRER RELATED DEFENDANTS' MOTION TO STAY CIVIL ACTION PENDING RESOLUTION OF CRIMINAL INVESTIGATION by Judge Dickran Tevrizian: In light of the foregoing this Court denies Kasirer Related Defendants' Motion to Stay Civil Proceedings Pending Resolution of Criminal Investigation (dw) (Entered: 12/23/2003)
12/22/2003 472 MINUTES by Judge Dickran Tevrizian: Motion by JDDJ Holdings Health Care Holdings CareContinuum BHMC Corp, Bistra & Munkacs Canon Realty Debra Kasirer and Robert Kasirer to Stay Civil Action Pending Resolution of Criminal Investigation: Denied. CR: Lori Muraoka (dw) (Entered: 12/24/2003)
12/23/2003 473 APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE filed for defendant Jerome E Tabolich by Norman J Baer.
Designating William McDonald Miller III as local counsel. Approved by Judge Dickran Tevrizian. (Fee paid) (dw) (Entered: 12/29/2003)
12/24/2003 474 (AMENDED) APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Jerome E Tabolich by Norman J. Baer, Designating Wiliam Miller as local counsel. Approved by Judge Dickran Tevrizian. (Fee paid) (dw) (Entered: 12/31/2003)
01/05/2004 475 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Joel T Boehm. (dw, ) (Entered: 01/06/2004)
01/07/2004 476 MINUTES OF Telephone Conference held before Judge Rosalyn M. Chapman : A continued telephonic conference is set for January 15, 2004, at 3:30 p.m. Tape # 03-17. (dts, ) (Entered: 01/08/2004)
01/07/2004 477 STIPULATION TO EXTEND TIME TO BRING MOTION TO COMPEL AND ORDER THEREON by Judge Rosalyn M. Chapman: DENIED (dw, ) (Entered: 01/09/2004)
01/07/2004 478 CERTIFICATE of Interested Parties filed by Defendants BMHC Corp, Canon Realty Corporation, Carecontinumm LLC, Health Care Holdings LLC, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer (dw, ) (Entered: 01/12/2004)
01/07/2004 479 ANSWER with Affirmative Defenses to Consolidate Fifth Amended Complaint of Defendants JDDJ Holdings, Healthcare Holdings, LLC, Canon Realty Corporation, Carecontinumm LLC, BHMC Corp(dw, ) (Entered: 01/12/2004)
01/07/2004 480 ANSWER with Affirmative Defenses to Consolidate Fifth Amended Complaint filed by Defendants Debra Kasirer, Robert Kasirer -.(dw, ) (Entered: 01/12/2004)
01/07/2004 481 CERTIFICATION of Interested Parties filed by Defendants BHMC Corp, Canon Realty Corporation, Carecontinumm LLC, Health Care Holdings LLC, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer -. (dw, ) (Entered: 01/13/2004)
01/07/2004 482 Substitution of Attorney filed. Substituting attorney William McDonald Miller III for Jerome E Tabolich in place and stead of attorney Heather J Klaas by Judge Dickran Tevrizian. (dw, ) (Entered: 01/13/2004)
01/20/2004 483 CERTIFICATION as to Interested Parties filed by Defendants U S Trust Company N A, U.S. Trust Corporation. (dw, ) (Entered: 01/22/2004)
01/20/2004 484 CROSSCLAIMS of US Trust Company and US Trust Corporation against Roes 1-10 Inclusive, Heartland Group Inc, Heartland Holdings Inc, Heartland Advisors Inc, Foley & Lardner, Wildman Harrold Allen & Dixon, Fulbright & Jaworski, Atkinson Andelson Loya Ruud & Romo, Green De Bortnowsky & Quintanilla LLP, Joel T Boehm, John M Clarey, Victor P Dhooge, James Iverson, Kasirer Yeladim Holdings LLC, Kasirer Family Holdings #4, JKRK (Ramon) LLC, Health Care Continuum, LLC, HCH Investments LLC, Clinical Data Analytics Inc, CentraLink LLC, Academic Clinical Associates Inc, Ramiro Lozano, Geraldine K Ostlund, Leo Dierckman, JDDJ Holdings L P, CareContinuum LLC, Health Care Holdings LLC, Debra S Kasirer, Robert A Kasirer, Heritage Acceptance Corporation, Heritage Housing V Inc, Heritage Housing Development Inc, Berman, Bertolini & Cestarte, Inc, Marshall Wexler, Clarke Underwood, Herbert T Saltzman, Larry Rubin -, Cary Medill -, Estate of Andrew Kornreich, Evan
Greenspan, Stephen P Goodman, Donald B Chalker, Virgil Lim, Jerold V Goldstein, Onofrio V Bertolini, Estate of Emery Rubin, Desert Hot Springs Public Financing Authority, City of Chicago, City of Mexico Beach, Tarrant County Health Facilities Development Corporation, Danforth Health Facilities Corporation , filed by Cross-Claimants U S Trust Company N A, U.S. Trust Corporation.(Betker Action)(dw, ) (Entered: 01/22/2004)
01/20/2004 485 ANSWER of US Trust Defendants to Consolidated Fifth Amended Complaint (Betker Action) (dw, ) (Entered: 01/25/2004)
01/20/2004 Summons Issued re Crossclaim [484] as to Danforth Health Facilities Corporation, et al. (See document for all cross-defendants served) (dw, ) (Entered: 01/25/2004)
01/26/2004 486 STIPULATION TO EXTEND TIME TO BRING MOTION TO COMPEL AND ORDER THEREON by Magistrate Judge Rosalyn M. Chapman: The Betker Plaintiffs have an extension to have a motion to compel heard by this Court provided the motion is filed no later than 3/26/04.(dw, ) (Entered: 01/27/2004)
02/03/2004 487 ANSWER to Consolidated Fifth Amended Complaint filed by Defendant Jerome E Tabolich.(dw, ) (Entered: 02/05/2004)
02/09/2004 488 ORDER Granting Wolf Haldenstein Adler Freeman and Herz LLP's Motion for Leave to Withdraw As Counsel of Record For Defendants Cary Medill, Evan Greenspan, Marshall Wexler, Donald Chalker, and Estate of Andrew Kornereich by Judge Dickran Tevrizian: This Court grants Wolf Haldenstein Adler Freeman & Herz LLP's Motion to Withdraw as Counsel of Record for defendants Cary Medill, Evan Greenspan, Marshall Wexler, Donald Chalker and Estate of Andrew Kornreich. (This Document relates to All Actions)(dw, ) (Entered: 02/11/2004)
02/09/2004 489 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action) filed by Defendant and Cross-Defendant Sabo & Green. Motion set for hearing on 3/8/2004 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 02/11/2004)
02/09/2004 490 MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action)[489] filed by Defendant and Cross-Defendant Sabo & Green. (dw, ) (Entered: 02/11/2004)
02/09/2004 491 NOTICE OF MOTION AND MOTION to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action) filed by Defendant Joel T Boehm. Motion set for hearing on 3/8/2004 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 02/11/2004)
02/09/2004 492 MEMORANDUM of Points and Authorities in Support of Defendant Joel T. Boehm's MOTION to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action) [491] filed by Defendant Joel T Boehm. (dw, ) (Entered: 02/11/2004)
02/09/2004 494 MINUTES by Judge Dickran Tevrizian: Motion of Wolf Haldenstine Adler, Freeman & Herz LLP for Leave to Withdraw as Counsel of Record for Cary Medill, Evan Greenspan, Marshall Wexler, Donald Chalker, and Estate of Andrew Kornreich is Granted. Court Recorder: Lori Muraoka. (dw, ) (Entered: 02/13/2004)
02/10/2004 493 REPLY of Defendant Sabo & Green in Support of its MOTION to Dismiss Cross-Claims of US Trust Company NA and US Trust Corporation [489] filed by Defendant Sabo & Green. (This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 02/12/2004)
02/13/2004 495 NOTICE OF MOTION AND MOTION to Dismiss Third Party Complaint of U.S. Truste Company, N.A. and U.S. Trust Corporation (Heartland Receiver Action) Under F.R.Civ.P. 12(b)(2), 12(b)(3), and 12(b)(6) filed by defendant Joel T. Boehm; Motion set for hearing on 3/8/2004 at 10:00 PM before Honorable Dickran Tevrizian. (gk, ) (Entered: 02/18/2004)
02/13/2004 496 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Motion to Dismiss Third Party Complaint of U.S. Truste Company, N.A. and U.S. Trust Corporation (Heartland Receiver Action) Under F.R.Civ.P. 12(b)(2), 12(b)(3), and 12(b)(6)[495] filed by defendant Joel T. Boehm. (gk, ) (Entered: 02/18/2004)
02/20/2004 497 ANSWER to Cross-Claims of US Trust Company NA and US Trust Corporation(Betker Action) filed by Defendant John M Clarey.(dw, ) (Entered: 02/23/2004)
02/20/2004 498 PROOF OF SERVICE of Answer to Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action) filed by Defendant John M Clarey was served on 2/20/04 (dw, ) (Entered: 02/23/2004)
02/23/2004 499 OPPOSITION to MOTION to Dismiss Cross-Defendants Green, De Bortnowsky & Quintanilla LLP (Betker Action)[489], and Joel T. Boehm (Betker Action)[491] filed by Defendant U S Trust Company N A. (This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 02/25/2004)
03/03/2004 500 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 1/26/04 Court Reporter: Lori Muraoka (consolidated with ML 02-1475) (weap, ) (Entered: 03/05/2004)
03/04/2004 503 STIPULATION AND ORDER TO APPLY PRIOR RULING AND TO TAKE OFF CALENDAR ATTORNEY DEFENDANTS' RESPECTIVE MOTIONS TO DISMISS CROSS-CLAIMS OF US TRUST COMPANY NA AND US TRUST CORPORATION (BETKER ACTION) UNDER FEDERAL RULE CIVIL PROCEDURE 12(b)(6) by Judge Dickran Tevrizian: IT IS HEREBY ORDERED: 1) The Court's 2/18/04 Order on Attorney Defendants' Motions to Dismiss US Trust's Cross-Claims in the Class Action shall be deemed to apply to Attorney Defendants' Motions to Dismiss US Trust's Cross-Claims in the Betker Action; 2) The Attorney Defendants' Motions to Dismiss US Trust's Cross-Claims in the Betker Aciton are taken off calendar; and 3) The time for Attorney Defendants' to answer the Cross-Claims is extended to 4/18/04. (dw, ) (Entered: 03/09/2004)
03/05/2004 501 STIPULATION AND ORDER EXTENDING TIME FOR ATKINSON, ANDELSON, LOYA, RUUD & ROMO TO ANSWER CROSS-CLAIMS OF US TRUST COMPANY NA AND US TRUST CORPORATION (BETKER ACTION) by Judge Dickran Tevrizian: IT IS SO ORDERED that the time for AALR&R to answer the US Trust Defendants' Cross-Claims in the Betker Action is extended to and including 4/18/04. (This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 03/09/2004)
03/08/2004 502 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 2/17/04 Court Reporter: Lori Muraoka (consolidated with ML 02-1475) (weap, ) (Entered: 03/09/2004)
03/17/2004 505 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Virgil Lim. (dw, ) (Entered: 03/18/2004)
03/17/2004 506 ANSWER of Defendant Virgil Lim to Third Party Complaint of US Trust Company NA (Heartland Receiver Action) filed by Defendant Virgil Lim.(dw, ) (Entered: 03/18/2004)
03/17/2004 507 ANSWER of Defendant Virgil Lim to Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action) filed by Defendant Virgil Lim.(dw, ) (Entered: 03/18/2004)
03/23/2004 508 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 2/9/04 Court Reporter: Lori Muraoka (consolidated with ML 02-1475) (weap, ) (Entered: 03/25/2004)
03/26/2004 510 NOTICE OF MOTION AND MOTION to Compel the Production of Documents from the Kasirer Defendants and Seeking Attorneys' Fees and the Imposition of Sanctions filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea; Motion set for hearing on 4/21/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman; memorandum of points and authorities in support thereof. Lodged Proposed Order. (gk, ) (Entered: 04/06/2004)
03/26/2004 511 DECLARATION of Jason D. Annigian in Support of Plaintiffs' Motion to Compel the Production of Documents from the Kasirer Defendants and Seeking Attorneys' Fees and the Imposition of Sanctions [510] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 04/06/2004)
03/26/2004 512 DECLARATION of Lisa A. Roquemore in Support of Plaintiffs' Motion to Compel the Production of Documents from the Kasirer Defendants and Seeking Attorneys' Fees and the Imposition of Sanctions [510] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 04/06/2004)
03/31/2004 509 MINUTES (IN CHAMBERS) BETKER PLAINTIFFS' MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS FROM THE KASIRER DEFENDANTS AND SEEKING ATTORNEY'S FEES AND THE IMPOSITION OF SANCTIONS by Judge Rosalyn M. Chapman: Plaintiffs' motion is continued to 4/22/04, at 9:30 a.m.,(dts, ) (Entered: 04/02/2004)
04/05/2004 513 NOTICE of Entry of Order Extending Time for Atkinson, Andelson, Loya, Ruud & Romo to Answer Cross-Claims of US Trust Company NA and US Trust Corporation (Betker Action) filed by Defendants U S Trust Company N A, U.S. Trust Corporation. (dw, ) (Entered: 04/15/2004)
04/07/2004 515 RESPONSE filed by defendant Valuation Counselors Group Inc. to plaintiffs' petition for order to show cause why plaintiffs' request for admissions should not be deemed admitted. (gk, ) (Entered: 04/19/2004)
04/07/2004 516 RESPONSE by defendant Capital Valuation Group to Order to Show Cause Re Certain Defendants' Failure to Comply with Discovery Obligations; declaration of Mary E. Kohart. (gk, ) (Entered: 04/19/2004)
04/07/2004 517 NOTICE OF MOTION AND MOTION for Summary Judgment or in the alternativeSummary Adjudication upon Betker Plaintiffs' Complaint filed by defendant Joel T. Boehm; Motion set for hearing on 6/21/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Proposed Statement and Judgment. (gk, ) (Entered: 04/19/2004)
04/07/2004 518 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Motion for Summary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [517] filed by defendant Joel T. Boehm. (gk, ) (Entered: 04/19/2004)
04/07/2004 519 DECLARATION of Kimberly D. Howatt in Support of MOtion for Summary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [517] filed by defendant Joel T. Boehm. (gk, ) (Entered: 04/19/2004)
04/07/2004 520 REQUEST FOR JUDICIAL NOTICE in Support of Motion for Smmary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [517] filed by defendant Joel T. Boehm. (gk, ) (Entered: 04/19/2004)
04/07/2004 521 NOTICE OF LODGMENT in Support of Motion for Summary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [517] filed by defendant Joel T. Boehm. (gk, ) (Entered: 04/19/2004)
04/09/2004 522 OPPOSITION to Motion to Compel and Request for Sanctions [510] filed by Kasirer defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer; request for sanctions for filing meritless motion; declarations of Robert Kasirer, Debra Kasirer, Darlene Ward and Gary Kurtz. (gk, ) (Entered: 04/21/2004)
04/09/2004 OPPOSITION to Motion to Compel and Request for Sanctions; and REQUEST for Sanctions for Filing Meritless Motion filed by Kasirer defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer; declarations of Robert Kasirer, Debra Kasirer, Darlene Ward and Gary Kurtz. (gk, ) (Entered: 04/21/2004)
04/15/2004 514 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/29/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 04/15/2004)
04/15/2004 525 REPLY BRIEF in Support Motion to Compel the Production of Documents from the Kasirer Defendants [510] filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP. (dw, ) (Entered: 04/30/2004)
04/15/2004 526 DECLARATION of Jason D. Annigian in Reply to Opposition to Plaintiffs Motion to Compel the Production of Documents from the Kasirer Defendants and Seeking Attorney's Fees and the Imposition of Sanctions filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP. (dw, ) (Entered: 04/30/2004)
04/22/2004 527 DECLARATION of Daniel M. Harkins in Opposition to the Joint Ex Parte Application of Class Action Plaintiffs, US Trust Defendants and Boehm Attorney Group Defendants for an Order Continuing: 1) The Motion for Class Certification; 2) Discovery Cutoff Date; and 3) Pretrial Date filed by Plaintiff Betker Partners Three LP, et al (dw, ) (Entered: 05/03/2004)
04/22/2004 528 DECLARATION of Lisa A. Roquemore in Opposition to the Joint Ex Parte Application of Class Action Plaintiffs US Trust Defendants and Boehm Attorney Group Defendants For an Order Continuing: 1) The Motion for Class Certification; 2) Discovery Cut-Off Date; and 3) Pre-trial Date filed by Plaintiff Betker Partners Three LP, et al (dw, ) (Entered: 05/03/2004)
04/22/2004 529 MINUTES (IN CHAMBERS) ORDER by Judge Rosalyn M. Chapman : granting [510] Motion for Attorney Fees, granting in part and denying in part [510] Motion to Compel (SEE ORDER FOR COMPLETE DETAILS) (dts, ) (Entered: 05/06/2004)
04/26/2004 523 ORDER by Judge Dickran Tevrizian upon joint ex parte application, continuing date for defendants to file any opposition briefs or notices of non-opposition to motion for class certification to 6/7/2004; plaintiffs to file their reply briefs to 6/28/2004; hearing on motion for class certification to 7/12/2004; Set Deadlines/Hearings: Discovery cut-off 8/27/2004; and Pretrial Conference and trial setting set for 11/1/2004 01:30 PM before Honorable Dickran Tevrizian.(gk, ) (Entered: 04/29/2004)
04/29/2004 524 NOTICE of Dismissal pursuant to Rule 41(a) or (c) F.R.Civ.P. filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust Corporation as to cross-claim against cross-defendants Danforth Health Facilities Corporation, Tarrant County Health Facilities Development Corporation, City of Mexico Beach, City of Chicago and Desert Hot Springs Public Financing Authority, without prejudice. (gk, ) (Entered: 04/30/2004)
04/29/2004 531 OPPOSITION to the Kasirers' EX PARTE APPLICATION For A Stay of Discovery Order Issued by Magistrate Chapman; Declaration of Jason D. Annigian filed by Plaintiffs (dw, ) (Entered: 05/10/2004)
04/29/2004 532 DECLARATION of Jason D. Annigian in Opposition to the Kasirer Defendants' Ex Parte Application [531] filed by Plaintiff Betker Family Trust, et al (dw, ) (Entered: 05/10/2004)
04/30/2004 581 NOTICE OF MOTION AND MOTION for Review of Discovery Order Issued by Magistrate Chapman 529 filed by Kasirer defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corep.; Bistra & Munkacs Holdings, Inc.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer; Motion set for hearing on 6/14/2004 at 10:00 AM before Honorable Dickran Tevrizian; memorndum of points and authorities; declaration of Gary Kurtz. (gk, ) (Entered: 06/17/2004)
05/04/2004 530 ORDER by Judge Dickran Tevrizian based upon the Ex Parte Application for an Order Staying the 4/22/2004 discovery order issued by Magistrate Judge Chapman, enforcement of and compliance with said discovery order is hereby stayed pending review by this Court of said order and further order of this Court. (gk, ) (Entered: 05/07/2004)
05/13/2004 533 NOTICE of Dismissal filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust Corporation as to Fulbright & Jaworski LLP, Wildman Harrold Allen & Dixon LLP and Foley & Lardner of cross-claim pursuant to Rule 41(a) or (c) of the F.R.Civ.P. (gk, ) (Entered: 05/14/2004)
05/13/2004 534 NOTICE of Dismissal filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust Corporation as to Fulbright & Jaworski LLP, Wildman Harrold Allen & Dixon LLP and Foley & Lardner of cross-claim pursuant to Rule 41(a) or (c) of the F.R.Civ.P. [This document relates to CV 02-06512 DT (RCx)] ** PER NOTICE OF CLERICAL ERROR [535], THIS ENTRY WAS DOCKETED ONTO THE WRONG CASE NUMBER. REFER TO CORRECT CASE NUMBER 02-ML-1475 DT (RCx) ** (gk, ) Modified on 5/17/2004 (gk, ). (Entered: 05/14/2004)
05/14/2004 537 NOTICE OF MOTION AND MOTION to Withdraw admissions deemed withdraw admissions deemed admitted and MOTION to reconsider Mag Chapmans ruling, filed by Defendant Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd. (pj, ) (Entered: 05/25/2004)
05/17/2004 535 NOTICE OF CLERICAL ERROR Re: The Notice of Dismissal filed by cross-claimants U.S. Trust Company, N.A. and U.S. Trust Corporation on 5/13/2004, that appears on the civil docket as document item number 534, was docketed onto the wrong case number. Refer to the correct case number 02-ml-1475 DT (RCx). (gk, ) (Entered: 05/17/2004)
05/18/2004 538 NOTICE OF MOTION AND MOTION for Right to Attach Order, Injunction and Other Relief filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea; Motion set for hearing on 6/7/2004 at 10:00 AM before Honorable Dickran Tevrizian; memorandum of points and authorities and declaration of Lisa A. Roquemore in support thereon. Lodged Proposed Order. (gk, ) (Entered: 05/25/2004)
05/18/2004 539 MEMORANDUM of Points and Authorities in Support Application for Right to Attach Order, Injunction and Other Relief [538] filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea. (gk, ) (Entered: 05/25/2004)
05/18/2004 540 DECLARATION of Lisa A. Roquemore in Support of Memorandum of Points and Authorities in Support of Application for Right to Attach Order, Injunction and Other Relief [538] filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea. (gk, ) (Entered: 05/25/2004)
05/18/2004 541 NOTICE OF Application and Hearing for Right to Attach Order and Order for Issuance of Writ of Attachment [538] to Robert Kasirer, Debra Kasirer, individually and as Trustee of the Debra Kasirer Trust filed by Betker Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea. (gk, ) (Entered: 05/25/2004)
05/18/2004 542 APPLICATION for Right to Attach Order, Order for Issuance of Writ of Attachment After Hearing filed by Betker Plaintiffs Russel and Virginia Betker, as
Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea. Lodged Proposed Order. (gk, ) (Entered: 05/25/2004)
05/20/2004 536 Substitution of Attorney filed. Substituting attorney Robert Scott Dreher for Defendant Bruce Talley in place and stead of attorney Steven M Green by Judge Dickran Tevrizian. (dw, ) (Entered: 05/24/2004)
05/24/2004 543 STIPULATION AND ORDER TO CONTINUE HEARING ON BETKER PLAINTIFFS' APPLICATION FOR RIGHT TO ATTACHMENT ORDER INJUNCTION AND OTHER RELIEF by Judge Dickran Tevrizian: DENIED(dw, ) (Entered: 05/26/2004)
05/24/2004 545 OPPOSITION to Betker Plaintiff's Application for Right to Attachment Order, Injunction and Other Relief [542] filed by defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings, Inc.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer. (gk, ) (Entered: 05/31/2004)
05/26/2004 544 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 5/10/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 05/27/2004)
05/28/2004 546 OPPOSITION to the Kasirer Defendants' Motion to Review Discovery Order Issued by Magistrate Chapman filed by Plaintiffs Betker Partners One LP, Betker Partners Three LP. (dw, ) (Entered: 06/02/2004)
05/28/2004 547 DECLARATION of Lisa A. Roquemore in Opposition to the Kasirer Defendants' Motion to Review Discovery Order Issued By Magistrate Chapman filed by Plaintiffs Betker Partners One LP, et al (This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 06/02/2004)
05/28/2004 548 DECLARATION of Jason D Annigian in Opposition to the Kasirer Defendants' Motion to Review Discovery Order Issued by Magistrate Chapman filed by Plaintiffs Betker Family Trust, et al (This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 06/02/2004)
05/28/2004 549 MOTION for Summary Adjudication Upon Betker Plaintiffs' Complaint filed by Defendant Jerold Goldstein. (This Document Relates to CV01-5752 DT (RCx) (dw, ) (Entered: 06/02/2004)
05/28/2004 550 DECLARATION of Steven R. Skirvin of Defendant Jerold Goldstein's Motion for Summary Adjudication Upon Betker Plaintiff's Complaint and Joinder to Joel T Boehm's Motion for Summary Judgment or in the Alternative for Summary Adjudication on Betker Plaintiff's Complaint filed by Defendant Jerold Goldstein. (This Document Relates to: CV01-5752 DT (RCx) (dw, ) (Entered: 06/02/2004)
05/28/2004 551 REQUEST for Judicial Notice in Support of Defendant Jerold Goldstein's Motion for Summary Adjudication Upon Betker Plaintiffs' Complaint and Joinder to Joel T Boehm's Motion for Summary Judgment or in the alternative for Summary Adjudication on Betker Plaintiffs Complaint filed by Jerold Goldstein. (dw, ) (Entered: 06/02/2004)
05/28/2004 552 LIMITED JOINDER to Joel T. Boehm's Motion for Summary Judgment or in the
Alternative for Summary Adjudication on Betker Plaintiffs Complaint [549] filed by Defendants Jerold Goldstein. (dw, ) (Entered: 06/02/2004)
05/28/2004 553 REPLY Plaintiffs' Reply to the Kasirer Defendants' Opposition to Application for Writ to Attach Order Injunction and Other Relief [542] filed by Plaintiffs Betker Partners One LP, et al (dw, ) (Entered: 06/02/2004)
06/04/2004 558 NOTICE OF ERRATA filed by the Betker Plaintiffs' Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea of Declaration of Lisa A. Roquemore in Support of Memorandum of Points and Authorities in Support of Application for Right to Attach Order, Injunction and Other Relief [540]. (gk, ) (Entered: 06/08/2004)
06/07/2004 554 ORDER GRANTING BETKER PLAINTIFFS' APPLICATION FOR RIGHT TO ATTACH ORDER, INJUNCTION AND OTHER RELIEF [538] by Judge Dickran Tevrizian. (gk, ) (Entered: 06/08/2004)
06/07/2004 555 NOTICE of Change of Address by attorney Daniel M Harkins for Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael O'Shea, changing Firm Name to Feldhake Roquemore LLP. Filed by Plaintiffs Betker Plaintiffs (dw, ) (Entered: 06/08/2004)
06/07/2004 556 MINUTES OF Hearing held on Betker Plaintiffs' Motion for Right to Attach Order, Injunction and Other Relief before Judge Dickran Tevrizian: Betker Plaintiff's Motion for Right to Attach Order, Injunction and other Relief [538] is granted. Court set bail in the amount of $5,000 as to the injunction order. Court sets bail in the amount of $7,500 as to the right to attach order. Court Reporter: Lori Muraoka. (gk, ) (Entered: 06/08/2004)
06/07/2004 557 RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT [542] by Judge Dickran Tevrizian: Court orders that plaintiff has a right to attach property of defendsnts Robert Kasirer, Debra Kasirer, Debra Kasirer as Trustee of the Debra Kasirer Trust (aka Debra Kasirer Separate Property Turst) in the amount of $24,800,000. Clerk shall issue a writ of attachment forthwith for the property described as 611 N. Canon Dr., Beverly Hills, CA 90210 and its proceeds. (gk, ) (Entered: 06/08/2004)
06/07/2004 PLACED IN FILE - NOT USED re Supplemental [Proposed] Order Granting Plaintiffs' Application for Right to Attach Order, Injunction and Other Relief submitted by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/08/2004)
06/07/2004 559 OPPOSITION to defendant Joel T. Boehm's Motion for Summary Judgment/Summary Adjudication [517] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea; declarations of Joshua M. Wolff and Daniel M. Harkins; exhibits. (gk, ) (Entered: 06/08/2004)
06/07/2004 560 STATEMENT OF GENUINE ISSUES IN OPPOSITION to defendant Joel T. Boehm's Motion for Summary Judgment/Summary Adjudication [517] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust,
Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea; declarations of Joshua M. Wolff and Daniel M. Harkins; exhibits. (gk, ) (Entered: 06/08/2004)
06/07/2004 561 AMENDED JOINDER to Summary Judgment Motions filed by Jerold V. Goldstein [549] and Joel Boehm [517] filed by Kasirer Related Defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings, Inc.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer. (gk, ) (Entered: 06/09/2004)
06/07/2004 562 REPLY in Support of Motion to Review Discovery Order issued by Magistrate Chapman [537] filed by defendants Kasirer Related Defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Bistra & Munkacs Holdings, Inc.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer. (gk, ) (Entered: 06/09/2004)
06/07/2004 563 OPPOSITION to defendant Jerold V. Goldstein's Motion for Summary Adjudication[549] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/09/2004)
06/07/2004 564 STATEMENT OF GENUINE ISSUES OF MATERIAL FACT IN OPPOSITION to defendant Jerold V. Goldstein's Motion for Summary Adjudication [549] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/09/2004)
06/07/2004 565 DECLARATION of Daniel M. Harkins in Opposition to defendant Jerold V. Goldstein's Motion for Summary Adjudication [549] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/09/2004)
06/07/2004 567 OPPOSITION to Kasirer Related Defendants Purported Joinder in Summary Judgment Motions of Jerold V. Goldstein [549] and Joel T. Boehm [517] filed by plaintiffsRussel and Virginia Betker, as Trustee of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/10/2004)
06/08/2004 566 ORIGINAL SIGNATURE PAGE for Proof of Service to Plaintiffs' Opposition to Kasirer Related Defendants Purported Joinder in Summary Judgment Motions of Jerold V. Goldstein and Joel T. Boehm filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/10/2004)
06/09/2004 568 EX PARTE APPLICATION to Vacate Stay of Discovery Order Issued by Magistrate Judge Chapman 530 filed by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. Lodged Proposed Order. (gk, ) (Entered: 06/10/2004)
06/09/2004 569 DECLARATION of Jason D. Annigian in support of EX PARTE APPLICATION to Vacate Stay of Discovery Order Issued by Magistrate Judge Chapman 530[568] filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael O'Shea. (pbap, ) (Entered: 06/15/2004)
06/10/2004 570 MINUTES (In Chambers) by Judge Dickran Tevrizian: The Court hereby vacates the hearing date of 6/14/2004 as to Kasirer defendants motion to review discovery order issued by Magistrate Judge Chapman filed in Case Number CV 02-00382 DT, said motion does not apply to the Kivenson action. Ordered that the above entitled motion is hereby set for hearing in Case Number CV 01-05752 DT; Set/Reset Deadlines as to Motion set for hearing on 7/6/2004 at 10:00 AM before Honorable Dickran Tevrizian. Court Reporter: None Present. (gk, ) (Entered: 06/15/2004)
06/14/2004 571 ORDER by Judge Dickran Tevrizian upon Betker Plaintiffs' Ex Parte Application to Vacate the Stay of Magistrate Chapman's Discovery Order of 4/22/2004 [568], the Order 530 is hereby vacated. The Kasirers are ordered to fully comply with the Magistrates Order and produce the subject documents by 6/17/2004. (gk, ) Modified on 6/15/2004 (gk, ). (Entered: 06/15/2004)
06/14/2004 572 Undertaking under 489.210 in the amount of $7,500.00 posted by Betker Plaintiffs Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea for Writ of Attachment regarding defendants Robert Kasirer, Debra Kasirer, Debra Kasirer, as Trustee of the Debra Kasirer Trust. Bond No. 419428. (gk, ) (Entered: 06/15/2004)
06/14/2004 573 Undertaking under F.R.Civ.P. 65(c) in the amount of $5,000.00 posted by Betker Plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust, Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea for Preliminary Injunction regarding defendants Robert Kasirer, Debra Kasirer, Debra Kasirer, as Trustee of the Debra Kasirer Trust. Bond No. 419429.(gk, ) (Entered: 06/15/2004)
06/14/2004 574 REPLY to Opposition to MOTION for Summary Judgment or in the Alternative Summary Adjudication Upon Betker Plaintiffs' Complaint [517] filed by Defendant Joel T Boehm. (dw, ) (Entered: 06/16/2004)
06/14/2004 575 ORDER by Judge Dickran Tevrizian to Allow Service of Process by Registered Process Server Regarding Betker Plaintiffs' Writ of Attachment. **see document for further details**(pbap, ) (Entered: 06/17/2004)
06/14/2004 576 OBJECTIONS to Evidence Offered by Plaintiffs in Opposition to Motion for Summary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [517] filed by defendant Joel T. Boehm. (gk, ) (Entered: 06/17/2004)
06/14/2004 577 DECLARATION of Kimberly D. Howatt in Support of Reply to Plaintiff's Opposition to Motion for Summary Judgment or in the alternative Summary Adjudication upon Betker Plaintiffs' Complaint [517] filed by defendant Joel T. Boehm. (gk, ) (Entered: 06/17/2004)
06/14/2004 578 OBJECTIONS TO EVIDENCE submitted in support of Betker Plaintiffs'
Opposition to Motion for Summary Adjudication [549] filed by defendants Jerold V. Goldstein, Clark Underwood, Richard Kuhl and Geri K. Ostlund. (gk, ) (Entered: 06/17/2004)
06/14/2004 579 REPLY Brief in Support of Motion for Summary Adjudication upon Betker Plaintiffs' Complaint [549] filed by defendant Jerold V. Goldstein. (gk, ) (Entered: 06/17/2004)
06/14/2004 580 SUPPLEMENTAL DECLARATION of Steven R. Skirvin in Support of Motion for Summary Adjudication upon Betker Plaintiffs' Complaint [549] and Joinder to Joel T. Boehm's Motion for Summary Judgment or in the Alternative for Summary Adjudication on Betker Plaintiffs' Complaint [517] filed by defendant Jerold V. Goldstein. (gk, ) (Entered: 06/17/2004)
06/14/2004 Set/Reset Deadlines as to [581] MOTION for Review of Discovery Order Issued by Magistrate Chapman; Motion reset for hearing on 7/6/2004 at 10:00 AM before Honorable Dickran Tevrizian. (gk, ) (Entered: 06/17/2004)
06/14/2004 583 OPPOSITION to Ex-Parte Application to Vacate Stay on Discovery Order [568] filed by Kasirer Defendants JDDJ Holdings, LP; Health Care Holdings, LLC; CareContinuum, LLC; BHMC Corp.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer; declaration of Gary Kurtz. (gk, ) (Entered: 06/18/2004)
06/17/2004 582 SUPPLEMENTAL DECLARATION of Joshua M. Wolff in Opposition to Summary Judgment Motions of Boehm [517], Goldstein [549] and Kasirer filed by Betker PlaintiffsRussel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP and Lori and Michael O'Shea. (gk, ) (Entered: 06/17/2004)
06/17/2004 589 Substitution of Attorney filed. Substituting attorney Kenneth R Heitz of Irell & Manella LLP for defendants Valuation Counselors Group, Inc. and Zelenkofske Axelrod & Co., Ltd. in place and stead of attorney F.X. Sean O'Doherty, Victor A. Raphael; Lissete Garcia and Michelle A. Jenkins of Gates O'Doherty, Gonter & Guy by Judge Dickran Tevrizian. (gk, ) (Entered: 06/23/2004)
06/18/2004 588 OBJECTION TO AND MOTION To Strike Supplemental Declaration of Joshua M Wolff 9 and Exhibits Attached Thereto in Opposition to Defendant Joel T Boehm's Motion for Summary Judgment or in the Alternative Summary Adjudication Upon Betker Plaintiff's Complaint filed by Defendant Joel T Boehm. (dw, ) (Entered: 06/23/2004)
06/21/2004 584 MINUTES OF Motion Hearing held before Judge Dickran Tevrizian: Defendant Joel T. Boehm's Motion for Summary Judgment or in the Alternative Summary Adjuciation upon Betker Plaintiffs Complaint [517] and defendant Jerold V. Goldstein's Motion for Summary Adjudication upon Betker Plaintiffs' Complaint [549] are denied. Court denies joinders by defendant Jerold Goldstein to defendant Joel T. Boehm's Motion [522] and joinder by defendants JDDJ Holdings, LP, Health Care Holdings, LLC, CareContinuum, LLC, BHMC Corp., Bistra & Munkacs Holdings, Inc., Canon Realty Corporation, Debra Kasirer, individually and as Trustee of the Debra Kasirer Trust, and Robert Kasirer to Boehm and Goldstein's Motions [561] on the basis set forth in orders of Joel T. Boehm and Jerold Goldstein. Court Reporter: Ramona Chappelle. (gk, ) (Entered: 06/22/2004)
06/21/2004 585 ORDER DENYING DEFENDANT JOEL T. BOEHM'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION UPON BETKER PLAINTIFFS' COMPLAINT by Judge Dickran Tevrizian: This Court denies defendant Joel T. Boehm's Motion for Summary Judgment or in the Alternative Summary Adjudication Upon Betker Plaintiffs' Complaint [517]. (gk, ) (Entered: 06/22/2004)
06/21/2004 586 ORDER (1) Granting Request for Judicial Notice in Support of Defendant Jerold V. Goldstein's Motion for Summary Adjudication upon Betker Plaintiffs' Complaint [551]; (2) Denying Defendant Jerold V. Goldstein's Motion for Summary Adjudication Upon Betker Plaintiffs' Complaint [549] by Judge Dickran Tevrizian. (gk, ) (Entered: 06/22/2004)
06/22/2004 587 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 04/26/04, Court Reporter: Lori Muraoka. (Please see 02-ML-1475 for the transcript) (wdc, ) Modified on 6/23/2004 (wdc, ). (Entered: 06/23/2004)
06/22/2004 590 NOTICE OF MOTION AND MOTION for Sanctions Against the Kasirer Defendants filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea; Motion set for hearing on 7/14/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman. Lodged Proposed Order. (gk, ) (Entered: 06/23/2004)
06/22/2004 591 DECLARATION of Lisa A. Roquemore in Support of Motion for Sanctions [590] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/23/2004)
06/22/2004 592 DECLARATION of Jason D. Annigian in Support of Motion for Sanctions [590] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP; Betker Partners Three, LP; and Lori and Michael O'Shea. (gk, ) (Entered: 06/23/2004)
06/23/2004 593 MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING ON BETKER PLAINTIFFS' MOTION FOR SANCTIONS AGAINST KASIRER DEFENDANTS by Judge Rosalyn M. Chapman, re MOTION for Sanctions[590], Set/Reset Hearings: Motion set for hearing on 7/21/2004 at 09:30 AM before Magistrate Rosalyn M. Chapman.(dts, ) (Entered: 06/24/2004)
06/25/2004 594 PROOF OF SERVICE of Order Continuing Hearing on Betker Plaintiffs' MOTION for Sanctions Against Kasirer Defendants [590] filed by Class Action Plaintiffs, Russel and Virgina Betker, et al (dw, ) (Entered: 06/29/2004)
06/25/2004 595 NOTICE OF ERRATA of the Betker Plaintiffs' MOTION for Sanctions Against the Kasirer Defendants [590] filed by Class Action Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, et al (dw, ) (Entered: 06/29/2004)
06/29/2004 596 OPPOSITION to Betker Plaintiffs' MOTION for Further Sanctions [590] filed by Defendants Debra Kasirer, Robert Kasirer (dw, ) (Entered: 07/01/2004)
06/29/2004 REQUEST for Sanctions Against the Betker Plaintiffs; Declarations of Gary Kurtz
and Darlene Ward filed by Plaintiff Debra Kasirer, Robert Kasirer (dw, ) (Entered: 07/01/2004)
06/30/2004 599 ORDER GRANTING THE BETKER PLAINTIFF'S APPLICATION FOR INJUNCTION AND OTHER RELIEF by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that in addition to the Order for a Pre-Judgment Writ of Attachment directed at 611 North Canon Drive, Beverly Hills, CA 90210 that Robert Kasirer, Debra Kasirer and the Debra Kasirer Trust are enjoined from further disposition of the Beverly Hills Residence and its proceeds. (See document for further information)(dw, ) (Entered: 07/02/2004)
06/30/2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER GRANTING MOTION OF GORDON & REES LLP AND ARTHUR CHAPMAN KETTERING SMETAK & KETTERING PA FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD FOR JAMES F DLUGOSCH lodged on 6/3/04. (dw, ) (Entered: 08/12/2004)
07/01/2004 597 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 6/21/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/02/2004)
07/01/2004 598 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 6/14/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/02/2004)
07/01/2004 602 NOTICE of Lodging Transcript of Hearing Before Magistrate Judge Chapman filed by Defendants Debra Kasirer, Robert Kasirer, et al (dw, ) (Entered: 07/07/2004)
07/02/2004 600 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 6/7/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/06/2004)
07/06/2004 601 ORDER DENYING KASIRER DEFENDANTS' MOTION TO REVIEW DISCOVERY ORDER ISSUED BY MAGISTRATE CHAPMAN by Judge Dickran Tevrizian: This Court DENIES Defendants' Motion to Review Discovery Order Issued by Magistrate Chapman [581] (Entered: 07/07/2004)
07/07/2004 603 REPLY BRIEF in Support of MOTION for Sanctions Against the Kasirer Defendants [590] filed by Class Action Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, et al (dw, ) (Entered: 07/12/2004)
07/07/2004 604 DECLARATION of Stephanie A Howard in Support of Betker Plaintiffs' Reply Brief in Support of MOTION for Sanctions Against the Kasirer Defendants [590] filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP et al (dw, ) (Entered: 07/12/2004)
07/07/2004 605 DECLARATION of Jason D Annigian in Support of Betker Plaintiffs' Reply Brief in Support of MOTION for Sanctions Against the Kasirer Defendant [590] filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP et al (dw, ) (Entered: 07/12/2004)
07/14/2004 606 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 6/28/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 07/14/2004)
07/14/2004 615 OBJECTIONS TO DECLARATIONS SUBMITTED IN BETKER PLAINTIFFS' REPLY and Objections to Factual Allegation without Support re Betker Motion for Sanctions [590] filed by defendants JDDJ Holdings, LP; Health Care Holdings,
LLC; CareContinuum, LLC; BHMC Corp.; Canon Realty Corporation; Debra Kasirer, individually and as Trustee of The Debra Kasirer Trust; and Robert Kasirer; responsive declarations. (gk, ) (Entered: 07/26/2004)
07/16/2004 608 AMENDED NOTICE OF MOTION AND MOTION FOR DETERMINATION OF GOOD FAITH of Defendant Jerome Tabolich filed by Defendant Jerome E Tabolich. Motion set for hearing on 8/9/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Order. (This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 07/26/2004)
07/16/2004 609 AMENDED MEMORANDUM OF LAW in Support of MOTION for Determination of Good Faith [608] filed by Defendant Jerome E Tabolich. (dw, ) (Entered: 07/26/2004)
07/16/2004 610 NOTICE OF MOTION AND MOTION In Support of Request for Preliminary Approval of Settlement and Determination of Good Faith As to Defendants Joel T Boehm Sabo & Green & Atkinson Andelson Loya Ruud & Romo filed by Defendants Joel T Boehm, Sabo & Green. Motion set for hearing on 8/9/2004 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 07/26/2004)
07/16/2004 611 MEMORANDUM OF POINTS AND AUTHORITIES in Support of Request for Approval of Settlement And Determination of Good Faith As to Defendants Sabo & Green and Joel T Boehm [610] filed by Defendants Joel T Boehm, Sabo & Green. (dw, ) (Entered: 07/26/2004)
07/16/2004 612 DECLARATION of K. Elizabeth Dunn In Support of Request for Approval of Settlement And Determination of Good Faith [610] filed by Defendants Joel T Boehm, Sabo & Green. (dw, ) (Entered: 07/26/2004)
07/16/2004 613 NOTICE OF MOTION For Determination of Good Faith Settlement and Bar Order as to Defendants John M Clarey, Kenneth Dawkins, Victor P Dhooge, Paul R Ekholm, Steven W Erickson, James E Iverson. Motion set for hearing on 8/9/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Order. (dw, ) (Entered: 07/26/2004)
07/16/2004 614 DECLARATION of Charles R Grebing In Support of Request for Approval of Settlement and Determination of Good Faith [613] filed by Defendants Joel T Boehm, Sabo & Green. (dw, ) (Entered: 07/26/2004)
07/16/2004 616 MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Finding of Good Faith Settlement and Request For Bar Order By Defendants Clarey Erickson Ekholm Iverson and Dhooge [613] filed by Defendant John M Clarey. (dw, ) (Entered: 07/27/2004)
07/16/2004 617 DECLARATION of Kevin W Alexander In Support of Motion for Finding of Good Faith Settlement and Request for Bar Order By Defendants Clarey Erickson Ekholm Iverson And Dhooge [613] filed by Kevin M Alexander for Defendant John M Clarey. (dw, ) (Entered: 07/27/2004)
07/16/2004 618 STIPULATION of Partial Settlement filed by Defendants Joel T Boehm, Sabo & Green. (dw, ) (Entered: 07/27/2004)
07/18/2004 619 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance[557], returned executed as to Debra Kasirer, Robert Kasirer served at
County Recorders Office for the County of Los Angeles on June 24, 2004. Remarks: Recorded on 6/24/04. (th) (Entered: 07/29/2004)
07/19/2004 620 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/24/04. Remarks: Posted on Date 6/24/04. (th) (Entered: 07/29/2004)
07/19/2004 621 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on 6/23/04 to Washington Mutual Bank FA, Attention: Customer Support. (th) (Entered: 07/29/2004)
07/19/2004 622 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on 6/23/04 to Washington Mutual Bank FA. (th) (Entered: 07/29/2004)
07/19/2004 623 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on 6/23/04 to Gary Kurtz, Esq. (th) (Entered: 07/29/2004)
07/19/2004 624 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on 6/23/04 to Merrill Lynch Credit Corp., Attention: Legal Dept. (th) (Entered: 07/29/2004)
07/19/2004 625 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on 6/23/04 to Robert Kasirer. (th) (Entered: 07/29/2004)
07/19/2004 626 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on 6/23/04 to Debra Kasirer. (th) (Entered: 07/29/2004)
07/19/2004 627 PROCESS RECEIPT AND RETURN (USM-285) of Order on Application for Issuance, [557], returned executed upon Debra Kasirer, Robert Kasirer on 6/23/04. Remarks: Mailed on (not specified) to Debra Kasirer Individually. (th) Modified on 7/29/2004 (th). (Entered: 07/29/2004)
07/19/2004 628 PROOF OF SERVICE by mail filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael O'Shea. Notice of attachment, Writ of attachment, Right to attach order were served on 6/23/04. (th) (Entered: 07/29/2004)
07/20/2004 629 OBJECTIONS to the Kasirer Defendants' Response to Plaintiffs' Reply Brief re Motion for Sanctions [590] filed by plaintiffs Russel and Virginia Betker, as Trustees of the Betker Family Trust; Betker Partners One, LP, Betker Partners Three, LP, and Lori and Michael O'Shea. (gk, ) (Entered: 07/29/2004)
07/20/2004 631 OBJECTIONS to the Kasirer Defendants' Response to Plaintiff's Reply Brief filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael O'Shea. (dw, ) (Entered: 08/02/2004)
07/21/2004 607 MINUTES OF DISCOVERY MOTION HELD BEFORE Judge Rosalyn M.
Chapman : ORDER GRANTING, IN PART, AND DENYING, IN PART, BETKER PLAINTIFFS' MOTION FOR SANCTIONS AGAINST KASIRER DEFENDANTS (SEE ORDER FOR COMPLETE DETAILS) granting in part and denying in part [590] Motion for Sanctions (dts, ) (Entered: 07/22/2004)
07/28/2004 630 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 7/12/04 Court Reporter: Lori Muraoka. (consolidated with ML 02-1475) (weap, ) (Entered: 07/30/2004)
08/04/2004 636 NOTICE OF ERRATA filed by Defendant Joel T Boehm correcting Memorandum in Support of Motion[611] (pbap, ) (Entered: 08/12/2004)
08/06/2004 638 STIPULATION AND ORDER by Judge Dickran Tevrizian :that the time for Kasirer defendants to file a motion to review Magistrate Judge Chapman's order granting in part and denying in part Betker plaintiffs motion for sanctions against Kasirer defendants shall be extended from 8-5-05 until 9-30-04; enforcement of said order shall be stayed until the hearing on any motion for review filed or or before 9-30-04.(ab, ) (Entered: 08/23/2004)
08/09/2004 632 ORDER 1) GRANTING ATTORNEY DEFENDANTS' (AS DEFINED HEREIN) MOTION IN SUPPORT OF REQUEST FOR PRELIMINARY APPROVAL OF SETTLEMENT AND DETERMINATION OF GOOD FAITH; 2) GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND BAR ORDER AS TO DEFENDANTS J CLAREY V DHOOGE P EKLHOLM S ERICKSON J IVERSON AND K DAWKINS 3) GRANTING DEFENDANT J TABOLICH'S E HENTGES AND K LARSEN'S AMENDED MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR DETERMINATION OF GOOD FAITH by Judge Dickran Tevrizian: In light of the foregoing this Court concludes that the Proposed Settlement Order is fair reasonable and adequate and hereby grants 1) the Attorney Defendants' 2) M&S principals Clarey Erickson Ekholm Iverson Dhooge as well as Dawkins' and 3) M&S princials Tabolich Hentges and Larsen's Motion for Approval of Settlement and Determination of Good Faith. Additionally this Court issues a Bar Order barring all claims for indemnity and contribution against Settling Defendants(Relates to Motions [608] [610] [613] ) (dw, ) (Entered: 08/12/2004)
08/09/2004 633 ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND ENTRY OF BAR ORDER by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that A) Pursuant to the Private Securities Litigation Reform Act all persons are barred enjoined and restrained from commencing prosecuting or asserting in any forum (judicial arbitration bankruptcy or administrative) any claim counterclaim cross-claim third party claim cross-action or other action arising out of or related to the underwriting sale or purchase of the Heritage Bonds. (See document for further information) (This Document Relates to CV01-5752 DT (RCx)(dw, ) (Entered: 08/12/2004)
08/09/2004 634 ORDER APPROVING SETTLEMENT AND BARRING CLAIMS FOR INDEMNITY AND CONTRIBUTION AND ALL ANCILLIARY CLAIMS AGAINST SETTLING DEFENDANTS JOEL T BOEHM, SABO & GREEN AND ATKINSON ANDELSON LOYA RUUD & ROMO by Judge Dickran Tevrizian: The Court does hereby approve the Stipulation and the partial settlement between the above-captioned plaintiffs and defendants JOEL T BOEHM, SABO &
GREEN and ATKINSON ANDELSON LOYA RUUD & ROMO as set forth therein.(dw, ) (Entered: 08/12/2004)
08/09/2004 635 AMENDED ORDER by Judge Dickran Tevrizian: IT IS HEREBY ORDERED: 1) The settlement entered into between Plaintiffs and Settling Defendants is hereby held to be a good faith settlement between the parties. (See document for further information)(dw, ) (Entered: 08/12/2004)
08/09/2004 637 MINUTES (In Chambers) 1) PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT AGAINST VIRGIL LIM; 2) MOTION FOR DETERMINATION OF GOOD FAITH OF DEFENDANT JEROME TABOLICH; 3) AMENDED MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AND BAR ORDER AS TO DEFENDANTS J CLAREY K DAWKINS V DHOOGE P EKHOLM S ERICKSON J IVERSON; AND 4) MOTION IN SUPPORT OF REQUEST FOR PRELIMINARY APPROVAL OF SETTLEMENT AND DETERMINATION OF GOOD FAITH DEFENDANTS SABO AND GREEN JOEL T BOEHM AND ATKINSON LOYA RUUD AND ROMO by Judge Dickran Tevrizian: THe Court orders the motion: Granted as to moitons #2,3,& 4. Denied as to motion #1.Court Reporter: Lori Muraoka. (dw, ) (Entered: 08/12/2004)
08/18/2004 640 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 8/9/04 Court Reporter: Lori Muraoka. (consolidated with ML 02-1475) (weap, ) (Entered: 08/25/2004)
08/20/2004 639 EXPARTE APPLICATION to Enter Stipulated Order for Limited Extension of Discovery Cut-off Pending Approval of Setlement with Kasirer Defendants; Declaration of Gary Kurtz filed by Defendants Debra Kasirer, Robert Kasirer -, Kasirer Family Holdings #4. Lodged order. (pbap, ) (Entered: 08/23/2004)
08/23/2004 641 STIPULATION AND ORDER FOR LIMITED EXTENSION OF DISCOVERY CUT-OFF PENDING APPROVAL OF SETTLEMENT WITH KASIRER DEFENDANTS by Judge Dickran Tevrizian: Pursuant to the Stipulation of the parties and for good cause shown this Court Orders the following: The discovery cut-off is hereby extended for the limited purpose of permitting the Betker plaintiffs to take the deposition of Robert Kasirer Michael Sobelman Ada Lee Sullivan and Lori Hoffman and finish the deposition of Debra Kasirer in the event that the settlement between the Kasirer Defendants and the Betker Plaintiffs is not concluded for any reason(dw, ) (Entered: 08/26/2004)
08/23/2004 642 STIPULATION AND ORDER FOR LIMITED EXTENSION OF DISCOVERY CUT-OFF TO COMPLETE TALLEY DEPOSITION by Judge Dickran Tevrizian: Pursuant to the stipulation of the parties and for good cause shown this Court Orders the following: The discovery cut-off is hereby extended for the limited purpose of permitting the deposition of defendant Bruce Talley on 8/31/04(dw, ) Modified on 8/26/2004 (dw, ). (Entered: 08/26/2004)
08/23/2004 PLACED IN FILE - NOT USED re ORDER FOR LIMITED EXTENSION OF DISCOVERY CUT-OFF PENDING APPROVAL OF SETTLEMENT WITH KASIRER DEFENDANTS lodged 8/23/04 by the Kasirer Related Defendants (dw, ) (Entered: 08/27/2004)
08/30/2004 643 EX PARTE APPLICATION to Compel Attendance at Mediations; Supporting
Declartons of Layn R. Phillips and Garland A. Kelley filed by Defendants Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd. (dw, ) (Entered: 09/03/2004)
08/30/2004 645 DECLARATION of Layn R Phillips In Support of EX PARTE APPLICATION of defendants Valuation Counselors Group Inc and Zelenkofske Axelrod & Co Ltd to Compel Attendance at Mediations [643] filed by Defendants Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd. (dw, ) (Entered: 09/03/2004)
08/30/2004 646 DECLARATION of Garland A. Kelley In Support of EX PARTE APPLICATION of defendants Valuation Counselors Group Inc and Zelenkofske Axelrod & Co Ltd to Compel Attendance at Mediations [643] filed by Defendants Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd. (dw, ) (Entered: 09/03/2004)
09/01/2004 644 JOINDER In the EX PARTE APPLICATION of Zelenkofske Axelrod & Co., Ltd and Valuation Counselors Group Inc. for an Order Compelling Attendance at Mediation[643] filed by Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP. (dw, ) (Entered: 09/03/2004)
09/01/2004 647 Substitution of Attorney filed. Substituting attorney David R. Schwarcz for cross-defendant Estate of Emery Rubin in place and stead of Fred Fenster by Judge Dickran Tevrizian. (gk, ) (Entered: 09/03/2004)
09/03/2004 648 ORDER ON EX PARTE APPLICATION OF DEFENDANTS VALUATION COUNSELORS GROUP INC AND ZELENKOFSKE AXELROD AND COMPANY TO COMPEL ATTENDENCE AT MEDIATIONS by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that the Ex Parte Application to Compel Attendance at Mediations is granted. (See document for further information) (Related to and granting [643] Ex Parte Application to Compel) (dw, ) (Entered: 09/07/2004)
09/16/2004 649 MINUTES (In Chambers): Settlement Conference held by Judge Dickran Tevrizian. Case does not settle. Demand pending. Court sets Further Settlement Conference for 10/5/04 at 4:00 PM. Time spent on settlement was 2 1/2 hours. Court Reporter: None Present. (nhac, ) (Entered: 09/20/2004)
09/29/2004 650 STIPULATION AND ORDER For Leave to File Sixth Amended Complaint by Judge Dickran Tevrizian: IT IS SO ORDERED.(dw, ) (Entered: 09/30/2004)
09/30/2004 651 CONSOLIDATED SIXTH AMENDED COMPLAINT against Defendants Bank of New York Inc, Heritage Acceptance Corporation, Heritage Care of Chicago Inc, Heritage Care of Sarasota Inc, Heritage Geriatric Housing Development IX Inc IX, Heritage Geriatric Housing Development VII Inc, Heritage Geriatric Housing Development VIII Inc VIII, Heritage Healthcare of America Inc, Heritage Housing Development Inc, Heritage Housing V Inc, James E Iverson, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer -, Kenneth R Larsen, The Bank of New York, U S Trust Company N A, U.S. Trust Corporation, Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd amending Amended Complaint[393] ; Demand for Jury Trial,filed by Class Action Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael O'Shea (dw, ) (Entered: 10/01/2004)
10/05/2004 653 MINUTES OF PROCEEDINGS: Settlement Conference held before Judge Dickran Tevrizian. Case does not settle. Court sets further Settlement Conference set for 10/14/2004 04:00 PM before Honorable Dickran Tevrizian.Court Reporter: none present. (pbap, ) (Entered: 10/14/2004)
10/06/2004 652 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 9/27/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 10/07/2004)
10/07/2004 654 Letter from Ronald S. Caswell, Attorney of Case, Knowlson, Jordan & Wright. (pbap, ) (Entered: 10/14/2004)
10/14/2004 655 MINUTES held before Judge Dickran Tevrizian : Settlement Conference set for 10/21/2004 02:00 PM before Honorable Dickran Tevrizian.Court Reporter: None Present. (yc, ) (Entered: 10/19/2004)
10/21/2004 656 MINUTES before Judge Dickran Tevrizian: SETTLEMENT CONFERENCE (In Chambers). Case does not settle. Ongoing discussions. Court sets further Settlement Conference on 10/26/2004 10:00 AM. Time spent on settlement was 3 hours. Court Reporter: None Present. (jp, ) (Entered: 10/25/2004)
10/28/2004 657 JOINT EX PARTE APPLICATION to Continue Pre-trial Conference from 12/20/04 @1:30 p.m. to 3/28/05, 1:30 p.m. filed by Defendants Valuation Counselors Group Inc, Zelenkofske Axelrod & Co Ltd. Lodged proposed order. (pbap, ) Modified on 11/8/2004 (pbap, ). (Entered: 11/01/2004)
10/29/2004 658 OPPOSITION to Opposition to Joint EX PARTE APPLICATION to Continue Pre-rial Conference [657] filed by Betker Plaintiffs Betker Family Trust, Betker Partners One LP, Betker Partners Three LP, Lori O'Shea, Michael O'Shea. (dw, ) (Entered: 11/02/2004)
11/01/2004 659 REPLY of Valuation Counselors Group Inc and Zelenkofske Axelrod & Co. to Betker Plaintiffs' Opposition to Joint EX PARTE APPLICATION to Continue Pre-Trial Conference [105] filed by Valuation Counselors Group Inc and Zelenkofske Axelrod & Co. filed by Defendants(dw, ) (Entered: 11/03/2004)
11/03/2004 660 ORDER by Judge Dickran Tevrizian : Granting [657]JOINT EX PARTE APPLICATION to Continue Pre-trial Conference from 12/20/04 @1:30 p.m. to 3/28/05, 1:30 p.m. (pbap, ) (Entered: 11/08/2004)
11/03/2004 Set/Reset Hearings: Pretrial Conference set for 12/20/04 to 3/28/2005 01:30 PM before Honorable Dickran Tevrizian. (pbap, ) (Entered: 11/08/2004)
11/15/2004 661 NOTICE OF MOTION AND MOTION for Approval of Settlement Stipulation, Good Faith Determination and Bar Order filed by Kasirer Defendants, BHMC Corporation CareContinuum LLC, Health Care Holdings LLC, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer.Motion set for hearing on 12/6/2004 at 10:00 AM before Honorable Dickran Tevrizian. (dw, ) (Entered: 11/17/2004)
11/15/2004 662 DECLARATION of Gary Kurtz In Support of MOTION and Motion for Approval of Settlement Stipulation Good Faith Determination and Bar Order [661] filed by Defendants BMHC Corp, Canon Realty Corporation, Carecontinumm LLC, Health Care Holdings LLC, JDDJ Holdings LP, Debra Kasirer, Robert Kasirer -. (dw, ) (Entered: 11/17/2004)
11/15/2004 663 MEMORANDUM Of Points and Authorities in Support of Kasirer Defendants Notice of Motion and Motion For Approval of Settlement Stipulation, Good Faith Determination and Bar Order [661] filed by Defendants BMHC Corp, Canon Realty Corporation, Carecontinumm LLC, Health Care Holdings LLC, JDDJ Holdings LP. (dw, ) (Entered: 11/17/2004)
11/15/2004 664 STIPULATION Of Settlement Between Betker Plaintiffs and Kasirer Defendants filed by Betker Plaintiffs and Kasirer Defendants (dw, ) (Entered: 11/17/2004)
11/23/2004 665 OPPOSITION of Bruce Talley to Kasirer Defendnats' Motion for Approval of Settlement, Good Faith Determination Thereof and Sneaky Bar Order. (Related to MOTION [661] filed by Defendant Bruce Talley. (dw, ) (Entered: 11/29/2004)
11/29/2004 667 REPLY in Support of their MOTION for Approval of Settlement Stipulation, Good Faith Determination and Bar Order [661] filed by Kasirer Defendants (pbap, ) (Entered: 12/07/2004)
12/01/2004 666 JOINT STIPULATION To Dismiss The Betker Plaintiffs' Sixth Amended Complaint as to Bruce Talley Only and Dismissal of Bruce Talley's Cross-Complaint by Judge Dickran Tevrizian: re Amended Complaint [651].(dw, ) (Entered: 12/03/2004)
12/06/2004 668 ORDER GRANTING DEFENDANTS MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND DETERMINATION OF GOOD FAITH by Judge Dickran Tevrizian: In light of the foregoing this Court: GRANTS Defendants Robert Kasirer Debra Kasirer (Individually and as Trustee of the Debra Kasirer Trust) Leo Dierckman, Allan Pollack, Geri Ostlund, William Filipone, Louis Pontarelli, Richard Kuhl, Health Care Holdings LLC, CareContinuum, LLC, JDDJ Holdings LP, Bistra & Munkacs Holdings Inc. (Formerly know as BHMC Corp) and Cannon Realty Corp's Request for Preliminary Approval of Settlement and Determination of Good Faith.granting [661] Motion for Order (See document for further information) (dw, ) Modified on 12/8/2004 (dw, ). (This Document Relates to CV01-5752 DT (RCx) (Entered: 12/08/2004)
12/06/2004 669 MINUTES 1) The Kasirer Defendants' Motion for Approval of Settlement Stipulation Good Faith Determination and Bar Order by Judge Dickran Tevrizian: The Court orders the motion Granted as to motion #1. (Related to MOTION for Order [661] Court Reporter: Lori Muraoka. (dw, ) (Entered: 12/08/2004)
12/06/2004 PLACED IN FILE - NOT USED re [PROPOSED] ORDER Granting Motion For Determination of Good Faith Settlement and Entry of Bar Order submitted by Betker Plaintiffs (dw, ) (Entered: 12/09/2004)
12/06/2004 670 ORDER by Judge Dickran Tevrizian GRANTING Motion for Determination of Good Faith Settlement and Entry of Bar Order. **see document for further details**(re: MDL 1475)(pbap, ) (Entered: 12/09/2004)
12/07/2004 671 NOTICE OF MOTION AND MOTION for Approval of Settlement Agreement, Finding of Good Faith, Apportionment, and Bar Order filed by Defendant Healthcare Financial Solutions. Motion set for hearing on 12/27/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged order. (pbap, ) (Entered: 12/13/2004)
12/07/2004 672 MEMORANDUM of Points and Authorities in Support MOTION for Approval of
Settlement Agreement, Finding of Good Faith, Apportionment, and Bar Order [671] filed by Defendants Healthcare Financial Solutions. (pbap, ) (Entered: 12/13/2004)
12/07/2004 673 DECLARATION of Mark P. Epstein in Suypport of MOTION for Approval of Settlement Agreement, Finding of Good Faith, Apportionment, and Bar Order [671] filed by Defendants Healthcare Financial Solutions. (pbap, ) (Entered: 12/13/2004)
12/15/2004 674 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/15/04 Court Reporter: Ramona La Chapelle (consolidated with ML 02-1475) (weap, ) (Entered: 12/17/2004)
12/15/2004 684 MINUTES SETTLEMENT CONFERENCE (In Chambers) by Judge Dickran Tevrizian: Case does not settle. Negotiations continuing. Offers oustanding. Court Reporter: None Present. (dw, ) (Entered: 12/29/2004)
12/22/2004 675 STIPULATION AND ORDER Re Designation of Experts By the Betker Plaintiffs US Trust Defendants and Bank of New York by Judge Dickran Tevrizian: IT IS ORDERED AS FOLLOWS: 1) 5/31/05: The Betker Plaintiffs, the US Trust Defendants and Bank of New York make the initial expert disclosures with reports required by Rule 26(a)(2)(B); 2) 6/30/05: The Parties make any disclosures of rebuttal or impeachment experts along with reports pursuant to Rule 26(a)(2)(C); 3) 8/1/05: The Parties shall complete all expert depositions; IT IS FURTHER ORDERED that the Pre-trial Conference is continued to 9/26/2005 at 01:30 PM (dw, ) (Entered: 12/28/2004)
12/22/2004 678 JOINT EX PARTE APPLICATION to Continue Expert Discovery and Pre-Trial Conference; from 3/28/05 to 9/12/05 filed by Defendants CBIZ Valuation Group Inc., CBiz Accounting Tax & Advisory Inc and Century Business Services Inc and Plaintiffs Russel and Virginia Betker et al Lodged Order. (dw, ) (Entered: 12/29/2004)
12/22/2004 680 JOINT EX PARTE APPLICATION to Continue Expert Discovery and Pre-Trial Conference from 3/28/05 to 9/12/05 filed by Defendant, Jerold Goldstein, and Betker Plaintiffs; Lodged Order. (dw, ) (Entered: 12/29/2004)
12/27/2004 676 ORDER by Judge Dickran Tevrizian : GRANTING [671] DEFENDANT HFS CONSULTANTS' NOTICE OF MOTION AND MOTION for Approval of Settlement Agreement, Finding of Good Faith, Apportionment, and Bar Order. (re: MDL 02-1475) (pbap, ) (Entered: 12/28/2004)
12/27/2004 677 ORDER GRANTING HFS CONSULTANTS' MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT, FINDING OF GOOD FAITH APPORTIONMENT AND BAR ORDER by Judge Dickran Tevrizian: IT IS HEREBY ORDERED THAT: 1) The Court does hereby approve the Settlement Agreement between the Betker Plaintiffs and HFS as set forth therein. (See document for further information)(dw, ) (Entered: 12/28/2004)
12/27/2004 679 ORDER on Joint Ex Parte Application to Continue Expert Discovery and Pre-Trial Conference by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that the Joint Ex Parte Application to Continue Expert Discovery and Pre-Trial Conference is granted; IT IS HEREBY ORDERED that the following schedule for expert
discovery as to the Parties as set forth in the Joint Ex Parte Application is approved: 5/31/05: All parties make the initial expert disclosures required by Rule 26(a)(2)(B); 6/30/05: All parties make any disclosures of rebuttal or impeachment experts pursuant to Rule 26(a)(2)(C); 8/1/05: All expert depositions to be completed; IT IS HEREBY ORDERED that the pre-trial conference in this matter is continued to 9/26/05 at 1:30pmgranting [678] Ex Parte Application to Continue (dw, ) (Entered: 12/29/2004)
12/27/2004 Set Hearings: Pretrial Conference set for 9/26/2005 01:30 PM before Honorable Dickran Tevrizian. (dw, ) (Entered: 12/29/2004)
12/27/2004 681 ORDER on Joint Ex Parte Application To Continue Expert Discovery and Pre-Trial Conference by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that the Ex Parte Application To Continue Expert Discovery and Pre-Trial Conference is granted. IT IS HEREBY ORDERED that the following schedule for expert discovery as to the Parties as set forth in the Joint Ex Parte Application is approved: 5/31/05: All parties make the initial expert disclosures required by Rule 26(a)(2)(B); 6/30/05: All parties make any disclosures of rebuttal or impeachment experts pursuant to Rule 26(a)(2)(C); 8/1/05: All expert depositions to be completed. IT IS HEREBY ORDERED that the pre-trial conference in this matter is continued to 9/26/05 at 1:30pm. granting [680] Ex Parte Application to Continue (dw, ) (Entered: 12/29/2004)
12/27/2004 682 JOINT EX PARTE APPLICATION to Continue Expert Discovery and Pre-Trial Conference from 3/28/05 to 9/12/05 filed by Betker Plaintiffs and Defendant O V Bertolini, Lodged Proposed Order. (dw, ) (Entered: 12/29/2004)
12/27/2004 Set Hearings: Pretrial Conference set for 9/26/2005 01:30 PM before Honorable Dickran Tevrizian. (dw, ) (Entered: 12/29/2004)
12/27/2004 685 MINUTES 1) HFS Consultants' Motion for Approval of Settlement Agreement, finding of Good Faith, Apportionment and Bar Order by Judge Dickran Tevrizian: Granted as to motion #1.Court Reporter: Lori Muraoka. (dw, ) (Entered: 12/29/2004)
12/28/2004 683 ORDER GRANTING JOINT EX PARTE APPLICATION TO CONTINUE EXPERT DISCOVERY AND PRE-TRIAL CONFERENCE by Judge Dickran Tevrizian: IT IS HEREBY ORDERED that the following schedule for expert discovery as to the Parties as set forth in the Joint Ex Parte Application is approved: 5/31/05: The Parties make the initial expert disclosure required by Rule 26(a)(2)(b); 6/30/05: The Parties make any disclosures of rebuttal or impeachment experts pursuant to Rule 26(a)(2)(C); 8/1/05: All expert depositions to be completed. IT IS HEREBY ORDERED that the pre-trial conference in this matter is continued to 9/26/05 at 1:30pm.granting [682] Ex Parte Application to Continue (dw, ) (Entered: 12/29/2004)
01/03/2005 688 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/6/04 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 01/05/2005)
01/04/2005 686 NOTICE OF APPEAL to 9th CCA filed by defendant Bruce Talley. Appeal of Order670 Filed On: 12/06/04, Entered On: 12/09/04; Order on Motion for Order 668 Filed On: 12/06/04; Entered On: 12/08/04; Filing fee $255, Paid, receipt number 19434. cc: Robert Scott Dreher, Dreher Law Firm; Blaies and Hightower
LLP; Bryan Cave LLP; Cohen, Milstein, Hausfield and Toll; Feldhake, August and Roquemore; Freeman, Freeman and Saltzman; Glancy and Binkow; Law Offices of Brain Barry; Miller Milove and Kob; Sparber, Rudolf Annen; Anthony, Ostlund and Baer; Arthur, Chapman, Kettering, Smetak and Pikala, P.A.; Barnes and Thornburg; Cary Medill; Cotton and Gundzik; Daniel J. Albregts; Dion-Kindem and Crockett; Drinker Biddle and Reath LLP; Fairbank and Vincent; Freidemann, O'Brien, Goldberg and Zarian; Gary A. Kurtz; Gibson, Dunn and Crutcher, LLP; Gordon and Rees, LLP; Graves, Robertson and Bourassa; Gray York and Duffy, LLP; Hann and Adema; Hill Farrer and Burrill LLP; Howrey Simon Arnold and White-Irvine; Irell and Manella LLP; Law Offices of Arthur C. Chambers; Law Offices of David Schwarcz; Law Offices of Marlene D. Greenly; Law Officesof Roman Mosqueda; Lee A. Wood and Associates, P.C.; Louis Pontarelli; Mousseau and Associates; Munger, Tolles and Olson; Musick Peeler and Garrett LLP; Myers, Widders, Gibson, Jones and Schneider; Pastor Schiff and Summers LLP; Poeschl Kohn and Epstein LLP; Reback McAndrews and Kjar; Schwartz and Janzen LLP; White Noon and Oliver; Wingert Grebing Brubaker and Ryan LLP. (re: MDL 1475) (cbr, ) Modified on 1/4/2005 (cbr, ). (Entered: 01/04/2005)
01/04/2005 687 REPRESENTATION STATEMENT re Appeal to Circuit Court [686]. (cbr, ) (Entered: 01/04/2005)
01/04/2005 Civil Appeals Docketing Statement received from defendant Bruce Talley forwarded to 9th CCA. RE: Appeal to Circuit Court [686]. (cbr, ) (Entered: 01/04/2005)
01/06/2005 689 MINUTES by Judge Dickran Tevrizian : Pursuant to defendants Cary Medill and Donald Chalker's notice of withdrawal and removal from calendar of motion to dismiss plaintiffs fifth amended complaint, filed 1/5/2005, the hearing currently scheduled for 1/31/2005 at 10am is hereby taken OFF CALENDAR. Court Reporter: Not Reported. (Entered: 01/10/2005)
01/10/2005 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court [686]. (cbr, ) (Entered: 01/10/2005)
01/10/2005 692 DECLARATION of Steven R Skirvin in support of re MOTION for Settlement[690] filed by defendant Jerold Goldstein. (yc, ) (Entered: 01/12/2005)
01/10/2005 695 MEMORANDUM of points and authorities in Support of MOTION for Settlement[690] filed by defendant Jerold Goldstein. (yc, ) (Entered: 01/13/2005)
01/10/2005 696 NOTICE OF MOTION AND MOTION for approval of Settlement agreement, finding of good faith, apportionment and bar order. filed by defendant Jerold Goldstein. Motion set for hearing on 1/31/2005 at 10:00 PM before Honorable Dickran Tevrizian. Lodged ORDER. (yc, ) (Entered: 01/13/2005)
01/11/2005 690 NOTICE OF MOTION AND MOTION for approval of Settlement agreement finding of good faith, apportionment and bar order; Memorandum of points and authorithes: Declaration of Garland A Kelley filed by defendants Valuation Counselors Group Inc. Motion set for hearing on 1/7/2005 at 10:00 AM before Honorable Dickran Tevrizian. Lodged DUPLICATED LODGED PROPOSED ORDER. (yc, ) (Entered: 01/12/2005)
01/11/2005 691 DECLARATION of Garland A Kelley in support of re MOTION for
Settlement[690] filed by defendants Valuation Counselors Group Inc. DUPLICATE ORIGINAL (yc, ) (Entered: 01/12/2005)
01/11/2005 693 PROOF OF SERVICE filed by Defendants Valuation Counselors Group Inc, regarding notic of motion for approval of settlement. (yc, ) (Entered: 01/12/2005)
01/11/2005 694 MEMORANDUM of points and authorities in support of motion for approval of settlement. filed by defendants Valuation Counselors Group Inc. (yc, ) (Entered: 01/12/2005)
01/13/2005 697 NOTICE of Hearing on Motion filed by Defendant Valuation Counselors Group Inc re MOTION for Settlement[696] : Motion set for hearing on 2/7/2005 at 10:00 AM before Honorable Dickran Tevrizian. (yc, ) (Entered: 01/18/2005)
01/14/2005 699 OPPOSITION to MOTION for Settlement[696], MOTION for Settlement[690] filed by defendant Bruce Talley. (yc, ) (Entered: 01/20/2005)
01/20/2005 698 NOTIFICATION by Circuit Court of Appellate Docket Number 05-55072, 9th CCA regarding Appeal to Circuit Court, [686], filed by Bruce Talley. (wdc, ) (Entered: 01/20/2005)
01/20/2005 700 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/27/04 Court Reporter: Lori Muraoka. Transcript filed under 02-ml-1475. (cbr, ) Modified on 1/24/2005 (cbr, ). (Entered: 01/24/2005)
01/20/2005 705 REPLY by the Betker plainitffs to the opposition of Burce Talley to defendants regarding[696],[690] filed by plaintiffs Onofrio V Bertolini. (yc, ) (Entered: 01/31/2005)
01/21/2005 701 STIPULATION AND ORDER by Judge Dickran Tevrizian : The Betker plaintiffs and the attorney defendants agree that the claims asserted by the betker plaintiffs against the attorney defendants as set forth in the betker action are hereby dismissed with prejudice pursuant to Federal Rules of Civil procedure rule 41 with each party to bear its own attorneys fees and costs. (yc, ) (Entered: 01/25/2005)
01/21/2005 706 REPLY memorandum of CBIZ defendants to Talley oppositon to motions to MOTION for Settlement[696], MOTION for Settlement[690] filed by defendants Valuation Counselors Group Inc. (yc, ) (Entered: 01/31/2005)
01/24/2005 702 JOINDER OF DEFENDANTS TO JOINT MOTION FOR APPROVAL OF STIPULATION AND AMENDING STIPULATION FILED BY US TRUST DEFENDANTS[661] filed by DEFENDANTS John M Clarey, Kenneth Dawkins. (yc, ) (Entered: 01/31/2005)
01/24/2005 703 REPLY to Talley opposition to MOTION for Order[671] filed by DEFENDANTS John M Clarey, Kenneth Dawkins. (yc, ) (Entered: 01/31/2005)
01/24/2005 704 PROOF OF SERVICE filed by defendants John M Clarey, Kenneth Dawkins. re MOTION for Settlement[696], was served on 1/24/2005. (yc, ) (Entered: 01/31/2005)
01/31/2005 707 REPLY to Bruce Talley opposition to MOTION for approval of Settlement agreement, finding good faith, apportionment and bar order[696] filed by defendant Jerold Goldstein. (lc, ) (Entered: 02/04/2005)
01/31/2005 708 Notice of hearing on Motion for approval of Settlement agreement, finding of good faith, apportionment and bar order set for hearing on 1/31/2005 at 10:00 PM [696] filed by defendant Jerold Goldstein. (lc, ) (Entered: 02/04/2005)
01/31/2005 709 DECLARATION of Steven R Skirvin regardiing Goldsteins reply to Bruce Talleys opposition to MOTION for approval of Settlement agreement, finding of good faith, apportionment and bar order [696] filed by defendant Jerold Goldstein. (lc, ) (Entered: 02/04/2005)
02/07/2005 710 ORDER by Judge Dickran Tevrizian : granting [696] Motion for Settlement fo Jerold V Goldstein. (see document for details) (yc, ) (Entered: 02/10/2005)
02/07/2005 711 AMENDED ORDER by Judge Dickran Tevrizian, re Motion Related Document[708]; re granting motion for approval of settlement. The settlement agreement between Goldstein and Betker plaintiffs is hereby approved. (see document for details) (yc, ) (Entered: 02/10/2005)
02/07/2005 712 MINUTES by Judge Dickran Tevrizian :, RE: MOTION for Settlement[690] Granted as to motions 1 and 2 Court Reporter: Lori Muraoka. (yc, ) (Entered: 02/10/2005)
02/07/2005 713 ORDER by Judge Dickran Tevrizian, granting CBIZ motion for approval of settlement agreement finding of good faith, apportionment and bar order in the betker action. (yc, ) (Entered: 02/10/2005)
02/07/2005 714 ORDER by Judge Dickran Tevrizian, granting CBIZ motin for approval of settlement agreement, finding of good faith, apportionment and bar order. (see document for details)(yc, ) (Entered: 02/10/2005)
02/07/2005 715 ORDER by Judge Dickran Tevrizian, regarding supplemental order settlment agreement between Betker Plaintiffs and CBIZ defendants Notwithstandign the timing set forth in Paragraph 1 to the settlement agreement CBIZ and/or its insurance carriers will transfer to a trust account designated by plaintiffs counsle the amount of $1,250.00 within 10 business days agter the court order granting CBIZ motion for approval of settlement agreement, finding of good faith approtionment and bar order relating to the betker action or by 3/7/2005 whichever is later. (yc, ) (Entered: 02/10/2005)
02/11/2005 716 NOTICE OF MOTION AND MOTION for approval of settlement agreements finding a good faith apportionment and bar order regarding defendants Bertolini and Berman and Bertolini Inc. filed by defendants O V Bertolini and Berman and Bertolini. Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable Dickran Tevrizian. Lodged PROPOSED ORDER. (yc, ) (Entered: 02/14/2005)
02/11/2005 717 DECLARATION of Steven H Schwartz in support of re MOTION for Order[716] filed by defendants O V Bertolini and berman and bertolini. (yc, ) (Entered: 02/14/2005)
02/11/2005 718 MEMORANDUM of points and authorities in Support of MOTION for Order[716] filed by defendants O V Bertolini. (yc, ) (Entered: 02/14/2005)
02/18/2005 719 JOINDER in Joel T. Boehm and Atkinson, Anderson, Loya Ruud & Romo' Notice of motion and motion to dismiss the complaint filed on behalf of the Bankruptcy Estate of Mark F. Augusta. (yc, ) (Entered: 02/23/2005)
02/23/2005 720 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 1/31/05 Court Reporter: Lori Muraoka. (ghap, ) (Entered: 02/25/2005)
03/02/2005 721 NOTICE OF APPEAL to 9th CCA filed by defendant Bruce Talley. Appeal of Order713 Filed On: 2/7/05; Entered On: 2/10/05, Order 714 Filed On: 2/7/05; Entered On: 2/10/05, Order on Motion for Settlement 710 Filed On: 2/7/05; Entered On: 2/10/05; Filing fee $255, receipt number 21329. cc: Blaies and Hightower; Bryan Cave; Cohen, Milstein, Hausfield and Toll; Feldhake and Roquemore; Freeman, Freeman and Saltzman; Louis A. Pontarelli; Brian Barry; Miller, Milove and Kob; Capital Consulting Group; Thomas H. Baker; Arthur, Chapman, Kettering, Smetak and Pikala; Barnes and Thornbrug; Butz, Dunn, Desantis and Bingham; Cotton and Gundzik; Diane L. Dragan; Dion-Kindem and Crockett; Donald Chalker; Drinker, Biddle and Reath; Even, Crandall, Wade, Lowe and Gates; Fairbank and Vincent; Gary A. Kurtz; Graves, Roberson and Bourassa; Gray York and Duffy; Hahn and Adema; Hill, Farrer and Burrill; Irell and Manella; Phoenix Group Corporation; Freedman and Taitelman; James F. Dlugosch; Arthur C. Chambers; David Schwarcz; Leon Small; Roman Mosqueda; Lionel Z. Glancy; Lee A. Wood and Associates; Larry Rubin Brown, Pruitt and Peterson; William McD. Miller, III; Marlene D. Greenly; Myers, Widders, Gibson, Jones and Schneider; Glancy and Binkow; Poeschl, Kohn and Epstein; Reback, McAndrews and Kjar; Robinson, Diamant and Wolkowitz; Wingert, Grebing, Brubaker and Ryan; Wolf, Haldenstein, Alder, Freemand and Herz; White and Oliver; Pastor Schiff and Summers; Munger, Tolles and Olson; Marlene D. Greenly; Sparber, Rudolf Annen; Anthony, Ostlund and Baer; Cary Medill; Daniel J. Albregts; Friedemann, O'Brien, Goldberg and Zarian; Gibson, Dunn and Crutcher; Gordon and Rees; Howrey, Simon, Arnold and White-Irvine; Louis Pontarelli; Musick, Peeler and Garrett; Mousseau and Associates. (Consolidated with cases: CV 01-5752-DT, CV 02-993-DT, CV 02-6484-DT, CV 02-382-DT, CV 02-2745-DT, CV 02-6841-DT, CV 02-9221-DT)(ghap, ) Modified on 3/9/2005 (ghap, ). Modified on 3/14/2005 (fvap, ). (Entered: 03/02/2005)
03/02/2005 722 REPRESENTATION STATEMENT re Appeal to Circuit Court [721]. (ghap, ) Modified on 3/14/2005 (cbr, ). (Entered: 03/02/2005)
03/02/2005 Civil Appeals Docketing Statement received from defendant Bruce Talley forwarded to 9th CCA. RE: Appeal to Circuit Court [721]. (ghap, ) Modified on 3/14/2005 (cbr, ). (Entered: 03/02/2005)
03/03/2005 723 NOTICE of Filing of Notice of Tag Along Action with Multi-District Litigation Panel filed by Defendant Jerold Goldstein. (ir, ) (Entered: 03/07/2005)
03/03/2005 724 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 02/07/05 Court Reporter: Exceptional Reporting Services/ Lori Muraoka. Consolidated with 02-ml-1475. (cbr, ) Modified on 3/9/2005 (cbr, ). (Entered: 03/09/2005)
03/08/2005 725 STIPULATION AND ORDER by Judge Dickran Tevrizian : IT IS HEREBY ORDERED that the joint stipulation between the Betker plaintiff and HFS to dism the sixth amended complaint with prejudice as to defendant HFS only is granted. Each party to bear their own attorneys fees and costs. [144] (yc, ) (Entered: 03/10/2005)
03/14/2005 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court,[721] (nm, ) (Entered: 03/14/2005)
03/14/2005 726 ORDER by Judge Dickran Tevrizian : granting [716] Motion for Order. The court finds good cause to enter the parties (proposed) order granting motion for approval of settlement agreement, finding of good faith, apportionment and bar order regarding defendants O.V. Bertolini and Berman and Bertolini Inc. (yc, ) (Entered: 03/17/2005)
03/14/2005 727 MINUTES by Judge Dickran Tevrizian : the court orders the motion for approval of settlement granted Court Reporter: Lori Muraoka. (yc, ) (Entered: 03/17/2005)
03/14/2005 728 ORDER by Judge Dickran Tevrizian,granting motion for approval of settlement agreement, finging of good faith apportionment and bar order regarding defendants O.V Bertoini and Berman and Bertolini.(see file for details)(yc, ) (Entered: 03/17/2005)
04/01/2005 729 NOTIFICATION by Circuit Court of Appellate Docket Number 05-55371, 9th CCA regarding Appeal to Circuit Court,[721] filed by Bruce Talley,. (nm, ) (Entered: 04/01/2005)
04/04/2005 730 RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/14/05 Court Reporter: Lori Muraoka(02-ML-1475-DT). (nm, ) (Entered: 04/07/2005)
04/07/2005 731 STIPULATION AND ORDER by Judge Dickran Tevrizian : 5/26/2005 at 4pm the Betker Plaintiffs the US Trust defendants and Bank of New York shall participate in continue mediation with the court. 8/31/2005 The parties make the initial expert disclosures with reports required by rule 26(a)(2)(b); 9/30/2005 The Parties make any disclosures of rebuttal or impeachment experts along wiht reports; 11/1/2005 The parties shall complete all expert depositions. IT IS FURTHER ORDERED that the Pretrial Conference set for 12/12/2005 01:30 PM before Honorable Dickran Tevrizian.(yc, ) (Entered: 04/13/2005)
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