Securities and Exchange Commission v. Sunwest Management, Inc.

Federal Civil Lawsuit Oregon District Court, Case No. 6:09-cv-06056
District Judge Michael R Hogan, presiding
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District Judge Michael R Hogan
Last Updated January 13, 2019 at 1:29 AM EST (7.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
Intervenor: 138 TIC Owner-Interveners, 422 TIC Investor-Owners, Allen's Englewood Height, LLC, Herbert's Brookside LLC, Dunn's Waterford LLC, Bare Land Intervenors, Brown's Canterbury Court, LLC, Capital Pacific Bank, Carol Vance, Cathay Bank, Centerline Servicing, Inc., Central National Bank And Trust Company Of Enid, Certain 9th & Rose Investors, Certain Investor-Plaintiffs, Certain Smart Park 4 Investors, Columbia Pacific SW/CS, LLC, Connolly Bare Lands Investors, Connolly Intervenors, Currens' Parkway Village, LLC, Davis' Moses Lake, LLC, Dicarlo's Parkway Village, LLC, Divine Investments, LLC, Doubrava's Sequim, LLC, Doyle's Gardens, LLC, Earp-Thomas' Gardens, LLC, Eclevia's Moses Lake, LLC, Eugene Gascho's Poulsbo, LLC, Eva's Parkway Village, LLC, F. Smith's Gardens, LLC, Federal National Mortgage Association, First Federal Savings and Loan Association of McMinnville, First National Bank, First Niagara Bank, First State Bank of Kansas City, Kansas, Frederick's Parkway Village, LLC, George T. Travess, Gilbert's Gardens, LLC, Grenley Intervenors, H. Gettman's Gardens, LLC, Hawthorne Gardens TIC, Hayes Gardens, LLC, Homesteads at Newtown TICs, Hughes' Moses Lake, LLC, Hughes' Poulsbo, LLC, ING Bank, FSB, ING USA Annuity And Life Insurance Company, Jack Whitesell, Successor Trustee of the Survivor's Trust U/T/A 10/24/86, Jeff Earp-Thomas' Gardens, LLC, Judith Gascho's Poulsbo, LLC, Kirby's Moses Lake, LLC, Kurtz's Canyon Crest, Leon A. & Melba Martin, Trustees of the Leon A. & Melba Martin Family Trust Dated April 3, 1995, Lewis & Clark Bank, Lnr Partners, Inc., LPP Mortgage, Ltd, Madsen's Moses Lake, LLC, Mainsource Bank, Marcia Byers' Poulsbo, LLC, Martin's Parkway Village, LLC, Marvin Calhoun, Mary M. Travess, May Ann Karadsheh, Trustee of Mary Ann Karadshe, Trustee of Mary Ann Karadshe Trust 1 U.A.D., September 23, 1996, Murphy's Moses Lake, LLC, NebraskaLand National Bank, Neilsen Manufacturing Incorporated, New South Federal Savings Bank, Parmenter's Garden's, LLC, Patterson's Parkway Village, LLC, Phillips' Parkway Village, LLC, Plains Capital Bank, Rachel Byers' Poulsbo, LLC, Regions Bank, NA, ReliaStar Life Insurance Company, Rini Wectawski, LLC, Robbins' Parkway Village, LLC, Rodney Byers' Poulsbo, LLC, Royal Bank of Scotland PLC, Salem Investors, a California General Partnership, Seely's Sea View, LLC, Smith's Eldorado Heights, LLC, Smith's King's Manor, LLC, Smith's Moses Lake, LLC, Smith's Parkway Village, LLC, Smith's Sequim, LLC, T and M's Gardens, LLC, T. Gettman's Gardens, LLC, Tappe's Poulsbo, LLC, Tenants in Common Committee, The Palmetto Bank, Unsecured Creditors Committee, Vestin Fund III, LLC, Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Walker's Sequim, LLC, Walter's Moses Lake, LLC, Whitesell's Gardens, LLC, Whitesell's Parkway Village, LLC, Wielde's Moses Lake, LLC, Wielde's Sequim, LLC, Willis Byers' Poulsbo, LLC, Willoughby's Parkway Village, LLC, Worner's Sequim, LLC, Zink's Sequim, LLC
Movant: Ala Lani Assisted Living LLC, Bay Bank, a division of Cowlitz Bank, Capmark Finance Inc., Certain Coordinating Lenders, Certain Crown Pointe and Waterford TIC Investors, Chaparral Heights TIC Investors, Cheryl Hightower, Crown Pointe Investors, Dan Thomas Construction, Inc, Davis Wright Tremaine LLP, Electing Broomfield TIC Investors, GE Business Financial Services, Inc., General Electric Capital Corporation, Jerry V. Druery, John T Flaxel, Joy C Flaxel, Marathon Asset Management Lp, Marie Russo, Marilyn Williams, PA Arbrook LLC, RBS Citizens, NA, Rebecca Hufford, Regina Ray Lucas, Russell Cosgrove, Sherri Corum, Stanley Crowell, Thompson & Knight LLP
Interested Party: Carey's Hawthorne Gardens, LLC, Clyde A. Hamstreet CRO, Columbia Pacific SW/CS, LLC as successor by assignment to Column Financial, Inc., Cosgrove's Hawthorne Gardens, LLC, Esther I Falk, Fall's Hawthorne Gardens, LLC, Fitzwater's Hawthorne Gardens, LLC, Fourteen Hawthorne Gardens' Tenants in Common, Gregory A Falk, Grove, Mueller & Swank, P.C., Hermiston Assisted Living LLC, Hufford's Hawthorne Gardens, LLC, Jay Shupack's Hawthorne Gardens, LLC, Johns' Hawthorne Gardens, LLC, Judy Shupack's Hawthorne Gardens, LLC, Legacy Management's Hawthorne Gardens, Lone Star Committee, Magnolia Ventures, Inc., Milinvest's Hawthorne Gardens, LLC, Mountain View ALF Investors, LLC, Oregon Department of Consumer and Business Services, Oregon Housing and Community Services, Porter's Hawthorne Gardens, LLC, Secured TICs, Selker's Hawthorne Gardens, LLC, Southwestern College, Spring Pointe, LLC, State of Oregon Department of Human Services, Stayton SW Assisted Living, LLC, Sunwest Investors/Third-Party Claimants, Thomas F. Biesiadecki, US Trustee, Portland, Wells Fargo Bank, NA, Wrobel's Hawthorne Gardens, LLC, Yakima Investor TICs
Claimant: Christ the King Community Outreach, Dolf de Vos, Elshout's Bluffs at Northwoods, LLC,, Erin L. Reamer, Estate of Cyril Furman, Joe E. Nielsen, Karen Blake Davies, Kim's Bluffs at Northwoods, LLC,, Law Office of Paul RJ Connolly PC, Margo Brooke Chilles, Mary Jane Skalovsky, Merrill Lynch & Company, Inc., Michael DeShane, Non-Insider LLC Member Group, Scott C. Nielsen, Smart Park 3 TIC Investors, Sovereign Bancorp, Inc.
Defendant: Clyde A. Hamstreet & Associates, LLC, Clyde Hamstreet, Darryl E. Fisher, Emeritus Corporation, J. Wallace Gutzler, Jon M. Harder, Kristin Harder, Sunwest Management, Inc.
Amicus Curiae: Cottonwood TIC Investors, Currens' Moses Lake, LLC, Hawley's Sequim, LLC, Kuebler Land Investors, LLC, Proof of Claim Investors, Ventas Realty, Limited Partnership, Victor Lund, Walter Stawinski, Waterford in Bellevue TIC Investors
Intervenor-Defendant: Harry Geistlinger
Receiver: Michael Grassmueck
Plaintiff: United States Securities and Exchange Commission
Interpleader: Zions First National Bank, NA
Attributes
Citation Section 15 U.S.C. § 77
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
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Legal Document (Payment Possibly Required) 2651 Filed: 12/7/2018, Entered: None judgment
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Legal Document (Payment Possibly Required) 2650 Filed: 12/7/2018, Entered: None judgment
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Legal Document (Payment Possibly Required) 2636 Filed: 5/18/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 2519 Filed: 2/18/2014, Entered: None Unknown Document TypeCourt Filing
ORDER: The fee applications of Moss Adams, LLP for the months of November and December of 2013, and January, 2014 (Motions for Attorney Fees ( 2501 , 2510 and 2518 ) are denied without prejudice. Signed on 2/18/2014 by Chief Judge Ann L. Aiken. (cp)
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Legal Document (Payment Possibly Required)  Filed: 12/19/2018, Entered: None Order on Motion
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Legal Document (Payment Possibly Required) 2254 Filed: 2/1/2012, Entered: 2/1/2012 Attorney Substitution
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Legal Document (Payment Possibly Required) 2252 Filed: 1/23/2012, Entered: 1/23/2012 Request
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Legal Document (Payment Possibly Required) 2251 Filed: 1/23/2012, Entered: 1/23/2012 Request
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Legal Document (Payment Possibly Required) 2250 Filed: 1/23/2012, Entered: 1/23/2012 Request
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Legal Document (Payment Possibly Required) 2249 Filed: 1/19/2012, Entered: 1/20/2012 USCA Order
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Legal Document (Payment Possibly Required) 2248 Filed: 1/17/2012, Entered: 1/17/2012 Order
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Legal Document (Payment Possibly Required) 2247 Filed: 1/13/2012, Entered: 1/13/2012 Declaration
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Legal Document (Payment Possibly Required) 2246 Filed: 1/13/2012, Entered: 1/13/2012 Motion for Release of Funds
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Legal Document (Payment Possibly Required) 2243 Filed: 1/13/2012, Entered: 1/13/2012 Notice
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Legal Document (Payment Possibly Required) 2240 Filed: 12/22/2011, Entered: 12/22/2011 OrderCourt Filing
Order Setting Allowed Claim Amount of Matrix Advisors IV, LLC. Signed on 12/15/2011 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 2239 Filed: 12/20/2011, Entered: 12/20/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: James M. Barrett Filed by Darryl E. Fisher (Blackhurst, Steven)
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Legal Document (Payment Possibly Required) 2238 Filed: 12/16/2011, Entered: 12/16/2011 OrderCourt Filing
Amended and Corrected Order re: Approval of Settlement Agreement of Eric W. Jacobsen including rollover claims relating to Park Place ALC, LLC and Peridot AL Community, LLC. Signed on 12/16/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2237 Filed: 12/16/2011, Entered: 12/16/2011 Notice
Notice of Filing of Billing Statement of Moss Adams LLP for the Period from November 1, 2011 through November 30, 2011 Filed by Clyde A. Hamstreet CRO (Kennedy, Albert)
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Legal Document (Payment Possibly Required) 2236 Filed: 12/13/2011, Entered: 12/13/2011 Notice
Unopposed Notice re Order[2228] of Correction Filed by 138 TIC Owner-Interveners (Related document(s): Order[2228].) (Esler, Michael)
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Legal Document (Payment Possibly Required) 2235 Filed: 12/12/2011, Entered: 12/13/2011 Objection
Objection to Docket Order [2232]. Filed by Russell Cosgrove, Rebecca Hufford. (sln)
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Legal Document (Payment Possibly Required) 2234 Filed: 12/12/2011, Entered: 12/12/2011 Notice
Notice of Fourth Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: # (1) Attachment Certificate of Service) (Stewart, John)
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Legal Document (Payment Possibly Required) 2233 Filed: 12/12/2011, Entered: 12/12/2011 Notice
Notice re Motion - Miscellaneous[1749] L.R. 83-13 Letter Filed by Securities and Exchange Commission (Related document(s): Motion - Miscellaneous[1749].) (Liftik, Michael)
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Legal Document (Payment Possibly Required) 2232 Filed: 12/9/2011, Entered: 12/9/2011 OrderCourt Filing
Order - With regard to notice of appeal [2191] and Ninth Circuit Court of Appeals Case Number 11-35853, if the Court of Appeals is inclined to refer the case back for purposes of reinvesting this court with jurisdiction, this court will enter the following order to show cause: Any interested party is ordered to show cause, in writing, why the court's order of September 16, 2011 [2169], should not be withdrawn in light of the Circuit Court of Oregon for the County of Multnomah's decision with regard to the underlying matters. Signed on 12/9/2011 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 2228 Filed: 12/7/2011, Entered: 12/7/2011 OrderCourt Filing
Order - (1) Approving Settlement with Geffen Mesher & Company, P.C. and (2) Entering Final Claim Bar Order and Injunction. Signed on 12/7/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2219 Filed: 11/16/2011, Entered: 11/18/2011 OrderCourt Filing
Order - LLC members retained an allowed claim for future distributions equal to their Settlement Value minus the Cash received in the first distribution as defined in Sections 6.B. and 6.C of the "LLC MEMBER SETTLEMENT AGREEMENT." It is further ordered that prior to making a second distribution, the Receiver shall identify any claims upon which there is to be no second distribution, other than administrative claims, and submit such itemization of claims to the court no less than ten (10) days prior to any proposed distribution date. Signed on 11/16/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2218 Filed: 11/11/2011, Entered: 11/11/2011 Transcript Designation and Order FormCourt Filing
Transcript Designation and Order Form for the hearing held on 10/13/2009 before Judge Michael Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal[2191] Transcript has been typed. Filed by Marvin Calhoun. Transcript is due by 12/15/2011. (Attachments: # (1) Attachment Court transcript for 10-13-2009 hearing, # (2) Exhibit Signed transcript order for 10-13-2009 hearing) (Calhoun, Marvin)
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Legal Document (Payment Possibly Required) 2209 Filed: 11/2/2011, Entered: 11/2/2011 Request
Request FOR NO FURTHER ELECTRONIC NOTICES. Filed by Certain Coordinating Lenders. (Elkanich, David)
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Legal Document (Payment Possibly Required) 2208 Filed: 10/31/2011, Entered: 10/31/2011 Notice
Notice re: Request for No Further Court Electronic Filing Notifications Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors (Mountain, James)
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Legal Document (Payment Possibly Required) 2207 Filed: 10/31/2011, Entered: 10/31/2011 Response to Order to Show Cause
Response to Order to Show Cause on Payment of Future Fees Requested by Tenants-In-Common Committee Counsel. Filed by Tenants in Common Committee. (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 2206 Filed: 10/27/2011, Entered: 10/27/2011 Request
Request for no further Court Electronic Filing Notifications for Deborah A. Crabbe (crabd@foster.com and Dillon E. Jackson jackd@foster.com). Filed by Hermiston Assisted Living LLC, Lone Star Committee. (Crabbe, Deborah)
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Legal Document (Payment Possibly Required) 2205 Filed: 10/27/2011, Entered: 10/27/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/3/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/7/2011. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2204 Filed: 10/27/2011, Entered: 10/27/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/8/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/7/2011. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/30/2012. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2203 Filed: 10/21/2011, Entered: 10/21/2011 Notice of Appeal
Amended Notice of Appeal to the 9th Circuit from Order, [2187], Order, [2136] . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit) Modified text on 10/24/2011 (sln).
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Legal Document (Payment Possibly Required) 2201 Filed: 10/20/2011, Entered: 10/21/2011 USCA Order
Order from USCA for the 9th Circuit re Calhoun's Notice of Appeal[2191].Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $455.00 to the district court; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. (sln)
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Legal Document (Payment Possibly Required) 2200 Filed: 10/20/2011, Entered: 10/20/2011 Declaration
Declaration of D. Alex Rhoten, Jr. Declaration of D. Alex Rhoten, Jr. in Support of Motion of D. Alex Rhoten, Jr., and Coldwell Banker Commercial Mountain West Real Estate, LLC, for Disbursement of Commissions Held in Escrow or Trust Account. Filed by Alex Rhoten. (Related document(s): Motion for Disbursement of Funds, [2199].) (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit) (Sand, Thomas)
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Legal Document (Payment Possibly Required) 2199 Filed: 10/20/2011, Entered: 10/20/2011 Motion for Disbursement of Funds
Motion for Disbursement of Funds Motion of D. Alex Rhoten, Jr. and Coldwell Banker Commercial Mountain West Real Estate, LLC, for Disbursement of Commissions Held in Escrow or Trust Account. Oral Argument requested. Filed by Alex Rhoten. (Attachments: # (1) Proposed Order) (Sand, Thomas)
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Legal Document (Payment Possibly Required) 2198 Filed: 10/19/2011, Entered: 10/19/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for July, August, and September 2011 and Request for Approval of Payment Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 2197 Filed: 10/19/2011, Entered: 10/19/2011 Transcript Designation and Order FormCourt Filing
Transcript Designation and Order Form for the hearing held on 10/8/2010; 5/3/2011 before Judge Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal[2173] . Filed by Certain Plaintiffs' Counsel. Transcript is due by 11/21/2011. (Pierson, Kit)
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Legal Document (Payment Possibly Required) 2195 Filed: 10/14/2011, Entered: 10/18/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Receiver's Motion for Order Further Extending Deadline to 12/16/11 for Commencing Third Party Claims and Avoidance Actions [2192]. Signed on 10/14/11 by U.S. District Judge Michael R. Hogan. (sln) Corrected filed date to 10/14/11 on 10/18/2011 (sln).
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Legal Document (Payment Possibly Required) 2194 Filed: 10/18/2011, Entered: 10/18/2011 USCA Order
Time Schedule Order from USCA for the 9th Circuit re Calhoun's Notice of Appeal [2191]. (sln)
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Legal Document (Payment Possibly Required) 2193 Filed: 10/17/2011, Entered: 10/17/2011 Notice
Notice of Third Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: # (1) Attachment Certificate of Service) (Stewart, John)
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Legal Document (Payment Possibly Required) 2192 Filed: 10/14/2011, Entered: 10/14/2011, Terminated: 10/14/2011 MOTION - Miscellaneous
Motion Receiver Michael Grassmueck's Application for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration in Support of Application, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2191 Filed: 10/11/2011, Entered: 10/11/2011 Notice of Appeal
Notice of Appeal to the 9th Circuit from Order on motion for Order [2169] . Filed by Marvin Calhoun. (Calhoun, Marvin) Modified text on 10/12/2011 (sln).
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Legal Document (Payment Possibly Required) 2190 Filed: 10/4/2011, Entered: 10/4/2011 Motion for Attorney Fees
Motion for Attorney Fees Thirteenth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, Counsel to the Receiver, for the Period August 1 through August 31, 2011. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A, # (2) Attachment Invoices) (Zaro, David)
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Legal Document (Payment Possibly Required) 2189 Filed: 10/3/2011, Entered: 10/3/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 9/27/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/14/2011. Redaction Request due 10/27/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/6/2012. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2188 Filed: 9/27/2011, Entered: 9/28/2011 Order of Dismissal of Appeal by USCA
Order from USCA for the 9th Circuit Appellants Chestnut Hill Investors' motion for voluntary dismissal of this Notice of Appeal [2078] is granted. This appeal is dismissed with prejudice pursuant to Federal Rules of AppellateProcedure 42(b). (sln)
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Legal Document (Payment Possibly Required) 2187 Filed: 9/26/2011, Entered: 9/28/2011 OrderCourt Filing
Order - expenses shall be reimbursed in the amount of $31,417.92 for Cohen Milstein Sellers & Toll, and in the amount of $5,933 for Adelman and the Receiver Michael A. Grassmueck is authorized to pay these amounts. Cohen Milstein Sellers & Toll, Adelman and Fischer also seek a stay of disbursement of $2,352,836.90 of the litigation trust pending resolution of their appeal regarding the attorney fees. The motion (#2167) is denied. These actions were not typical class action litigation. Plaintiffs' counsel's role was not instrumental in developing the class action. Rather the court proactively created the trust and through settlement resolved the issues rather than through protracted motions and procedural practice. Given the abbreviated litigation through settlement procedures, the requested fee amounts are unreasonable. Signed on 9/26/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2184 Filed: 9/21/2011, Entered: 9/21/2011 USCA Order
Order from USCA for the 9th Circuit re Cohen Milstein's Notice of Appeal [2173]. (sln)
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Legal Document (Payment Possibly Required) 2183 Filed: 9/20/2011, Entered: 9/21/2011 OrderCourt Filing
Order - (1) Approving Settlement with the Palmetto Bank, Northland Networks, Inc, Hinshaw & Culbertson LLP and The Chestnut Hill Investors; and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2182 Filed: 9/20/2011, Entered: 9/21/2011 OrderCourt Filing
Order - (1) Approving Settlement with settling Employees and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2181 Filed: 9/20/2011, Entered: 9/21/2011 OrderCourt Filing
Order - (1) Approving Settlement with Garrett Hemann Robertson, P.C. and The Oregon State Bar Professional Liability Fund and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2180 Filed: 9/20/2011, Entered: 9/21/2011 OrderCourt Filing
Order - (1) Approving Settlement with Grove, Mueller & Swank, P.C. and (2) entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2179 Filed: 9/20/2011, Entered: 9/21/2011 OrderCourt Filing
Order - (1) Approving Settlement with settling Brokers and (2) Entering Final Claims Bar Order and Injunction. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2178 Filed: 9/20/2011, Entered: 9/21/2011 OrderCourt Filing
Order to appoint Attorney Thomas J. Wettlaufer, Attorney as Special Counsel for Willamette Property Holdings LLC and Special counsel to the Receiver in connection therewith. Signed on 9/20/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2177 Filed: 9/21/2011, Entered: 9/21/2011 Notice
Notice of Final Application for Payment of 20% Holdback Amounts Filed by Grove, Mueller & Swank, P.C. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Proposed Order Proposed Order) (Knapp, Michael)
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Legal Document (Payment Possibly Required) 2174 Filed: 9/20/2011, Entered: 9/20/2011 Representation Statement
Representation Statement re Notice of Appeal[2173] . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit)
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Legal Document (Payment Possibly Required) 2173 Filed: 9/20/2011, Entered: 9/20/2011 Notice of Appeal
Notice of Appeal to the 9th Circuit from Order [2136] . Filed by Certain Plaintiffs' Counsel. (Pierson, Kit) Modified text on 9/21/2011 (sln).
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Legal Document (Payment Possibly Required) 2172 Filed: 9/20/2011, Entered: 9/20/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted ORDER (1) APPROVING SETTLEMENT WITH SETTLING BROKERS and (2) ENTERING FINAL CLAIMS BAR ORDER AND INJUNCTION (regarding Docket # 2119). Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2171 Filed: 9/20/2011, Entered: 9/20/2011 Proposed Form of Order or Judgment
Amended Proposed Form of Order Submitted ORDER (1) APPROVING SETTLEMENT WITH SETTLING EMPLOYEES and (2) ENTERING FINAL CLAIMS BAR ORDER AND INJUNCTION (Regarding DOCKET # 2131). Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2170 Filed: 9/16/2011, Entered: 9/16/2011 OrderCourt Filing
Order appointing Thomas M. Wettlaufer Attorney as Special Counsel for the Willamette Property Holdings LLC with payment of fees and costs to be paid to pursuant to court order in this case. Signed on 9/16/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2169 Filed: 9/16/2011, Entered: 9/16/2011 Order on Motion for OrderCourt Filing
ORDER: The motions for findings of fact and conclusions of law [1798], [1904], [1928] are granted to the extent that this order serves as a final appealable order with respect to Marvin Calhoun's claims regarding the settlement. Signed on 9/16/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2168 Filed: 9/16/2011, Entered: 9/16/2011 OrderCourt Filing
Order - The CRO is ordered to turn over all remaining funds in his possession to the Receiver. Signed on 9/16/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2167 Filed: 9/14/2011, Entered: 9/14/2011 Motion for Stay
Motion for Stay (Expedited Consideration Requested). Filed by Certain Plaintiffs' Counsel. (Attachments: # (1) Memorandum in Support of Motion) (Pierson, Kit)
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Legal Document (Payment Possibly Required) 2165 Filed: 9/13/2011, Entered: 9/13/2011 Memorandum in Opposition
Memorandum in Opposition to Settlement to Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Brokers and Dealers and for Entry of Claims Bar Order[2119] Oral Argument requested. Filed by Seqouia Heights Capital Partners LLC, Sequoia Heights Capital Partners LLC. (Attachments: # (1) Attachment Declaration in Support of Objection, # (2) Attachment Declaration in Support of Objection) (Brown, Stuart)
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Legal Document (Payment Possibly Required) 2164 Filed: 9/13/2011, Entered: 9/13/2011 Supplement
Supplement Supplement to Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Employees and for Entry of Claims Bar Order. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous,, [2131].) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2163 Filed: 9/12/2011, Entered: 9/13/2011 Certificate of Compliance
Certificate of Compliance CERTIFICATE OF SERVICE REGARDING NOTICE OF PROPOSED CLASS ACTION SETTLEMENT (SEMASKO v. THOMPSON & KNIGHT LLP and GEFFEN MESHER & COMPANY, P.C.). Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous[2109].) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2162 Filed: 9/12/2011, Entered: 9/12/2011 Certificate of Compliance
Certificate of Compliance Certificate of Service Regarding: Notice of (1) Motions for Approval of Settlements with Certain Brokers and Dealers; with Certain Employees; with Grove, Mueller & Swank, P.C.; with Garrett Hemann Robertson, P.C. and the Oregon State Bar Professional Liability Fund (2) Proposed Final Claim Bar Orders (3) Hearing Dates. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous, [2128], Motion - Miscellaneous,, [2129], Motion - Miscellaneous, [2119], Motion - Miscellaneous,, [2131].) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2154 Filed: 9/8/2011, Entered: 9/8/2011 MOTION - Miscellaneous
Motion Receiver Michael A. Grassmuecks Motion for Approval of Settlement with The Palmetto Bank, Northland Networks, Inc., Hinshaw & Culbertson LLP and the Chestnut Hill Investors and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities with Exhibit A (Settlement Agreement), # (2) Declaration of Receiver Michael A. Grassmueck in Support of Motion, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2141 Filed: 9/1/2011, Entered: 9/1/2011 Brief
Brief in Response to Order. Filed by Certain Plaintiffs' Counsel. (Related document(s): Order,,,,,,,, [2136].) (Attachments: # (1) Exhibit A (CMST Expenses), # (2) Exhibit B (Herbert Adelman Expenses), # (3) Exhibit C (Invoice), # (4) Exhibit D (Invoice), # (5) Exhibit E (Invoice)) (Pierson, Kit)
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Legal Document (Payment Possibly Required) 2140 Filed: 9/1/2011, Entered: 9/1/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: Stephanie K. Hines Filed by J. Wallace Gutzler (Hines, Stephanie)
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Legal Document (Payment Possibly Required) 2139 Filed: 8/31/2011, Entered: 8/31/2011 Motion for Attorney Fees
Amended Fee Petition--Correction to Supplemental Petition for Attorney Fees of Esler Stephens & Buckley. Filed by Certain Investor-Plaintiffs. (Attachments: # (1) Attachment Correct Ex F to Fee Petition) (Esler, Michael) Modified text on 9/1/2011 (sln).
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Legal Document (Payment Possibly Required) 2138 Filed: 8/26/2011, Entered: 8/26/2011 Motion to Amend/Correct
Motion to Amend/Correct Correction to Supplemental Petition for Attorney Fees of Esler, Stephens & Buckley LLP. Filed by Certain Investor-Plaintiffs. (Attachments: # (1) Attachment Corrected Ex. F to Supplemental Petition for Atty Fees of Esler et al) (Esler, Michael)
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Legal Document (Payment Possibly Required) 2137 Filed: 8/25/2011, Entered: 8/25/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: Filed by Securities and Exchange Commission (Liftik, Michael)
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Legal Document (Payment Possibly Required) 2136 Filed: 8/22/2011, Entered: 8/24/2011 OrderCourt Filing
Order - the court grants the third party fee petitions as follows: Petition for Attorney Fees of Esler, Stephens & Buckley, LLP and Landy Benneett Blumstein, LLP (#31 in 10-6134-HO). Movant Esler, Stephens & Buckley, LLP, this Court approves and authorizes professional fees in the amount of $1,639,983 and $74,134.94 in actual expenses. Movant Landye Bennett Blumstein, LLP, this Court approves and authorizes professional fees in the amount of $22,000 and $3,875 in actual expenses. Petition and Statement for Attorney Fees and Cost Bill Submitted by the Law Office of Paul R.J. Connolly's Attorneys For Sunwest Investors/Third Party Claimants [1810]. Movant Law Office of Paul R.J. Connolly, this Court approves and authorizes professional fees in the amount of $110,000 and $11,945.79 in actual expenses. Motion for an Award of Attorneys' Fees and Expense (#26 in 10-6134-HO). Movant Pierson, this Court approves and authorizes professional fees in the amount of $11,000. Movant Fischer, this Court approves and authorizes professional fees in the amount of $11,000 and $721.25 in actual expenses. Movant Cohen Milstein Sellers & Toll, this Court approves and authorizes professional fees in the amount of $192,500. The court declines to award expenses at this time and request movant to provide a more detailed accounting of their expenses. Movant is requested to respond within 10 days. Movant Adelman, this Court approves and authorizes professional fees in the amount of $16,500. The court declines to award expenses at this time and request movant to provide a more detailed accounting of their expenses. Movant is requested to respond within 10 days. Petition And Statement For Attorney Fees And Cost Bill Submitted By Grenley Attorneys for Sunwest Investors/Third-Party Claimants [1763]. Movant Grenley Dean, LLC, this Court approves and authorizes professional fees in the amount of $192,500 and $37,768.86 in actual expenses. Receiver Michael A. Grassmueck is authorized to pay these amounts. Signed on 8/22/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2135 Filed: 8/23/2011, Entered: 8/23/2011 Notice
Notice Notice of Substitution of Counsel and Change of Address Filed by Sunwest Investors/Third-Party Claimants (Grenley, Gary)
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Legal Document (Payment Possibly Required) 2134 Filed: 8/19/2011, Entered: 8/19/2011 Motion for Attorney Fees
Motion for Attorney Fees Twelfth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period July 1, 2011 through July 31, 2011. Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2133 Filed: 8/19/2011, Entered: 8/19/2011 Motion for Attorney Fees
Motion for Attorney Fees Eleventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period June 1, 2011 through June 30, 2011. Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2132 Filed: 8/19/2011, Entered: 8/19/2011 Motion for Attorney Fees
Motion for Attorney Fees Tenth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis, LLP, As Counsel to the Receiver for the Period May 1, 2011 through May 31, 2011. Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2131 Filed: 8/19/2011, Entered: 8/19/2011 MOTION - Miscellaneous
Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Employees and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Exhibit 1 to Memorandum (List of Settling Employees), # (3) Exhibit 2 to Memorandum (Form of Settlement Agreement), # (4) Exhibit 3 to Memorandum (List of Employee Claims, Exhibit A to Settlement Agreements), # (5) Exhibit 4 to Memorandum (Settlement Claims, Exhibit B to Settlement Agreements), # (6) Declaration of Receiver Michael A. Grassmueck in Support of Motion, # (7) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2129 Filed: 8/18/2011, Entered: 8/18/2011 MOTION - Miscellaneous
Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Garrett Hemann Robertson, P.C. and the Oregon State Bar Professional Liability Fund and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Exhibit 1 to Memorandum of Points & Authorities (Settlement Agreement), # (3) Declaration of Receiver Michael A. Grassmueck in Support of Motion, # (4) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2128 Filed: 8/18/2011, Entered: 8/18/2011 MOTION - Miscellaneous
Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Grove, Mueller & Swank, P.C. and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Exhibit 1 to Memorandum of Points & Authorities (Settlement Agreement), # (3) Declaration of Receiver Michael A. Grassmueck in Support of Motion, # (4) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2126 Filed: 8/17/2011, Entered: 8/17/2011 OrderCourt Filing
Order requiring Mediation for parties and their counsel with respect to Crown Pointe set for Tuesday August 23, 2011 at 1pm. Such parties are further order to show cause if any they have not later than Friday August 19, 2011 why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 8/17/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2125 Filed: 8/17/2011, Entered: 8/17/2011 OrderCourt Filing
Order requiring Mediation for parties and their counsel with respect to Englewood Heights Senior Living Community set for Tuesday August 23, 2011 at 9am. Such parties are further order to show cause if any they have not later than Friday August 19, 2011 why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 8/17/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2124 Filed: 8/17/2011, Entered: 8/17/2011 Notice
Third Party Notice Notice of Claim for Attorneys Fees Pursuant to ORS 87.445 Filed by Grenley Intervenors (Grenley, Gary) Modified text on 8/17/2011 (sln).
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Legal Document (Payment Possibly Required) 2123 Filed: 8/17/2011, Entered: 8/17/2011 Declaration
Supplemental Declaration of Michael J. Esler . Filed by Certain Investor-Plaintiffs. (Related document(s): Motion for Attorney Fees[2122].) (Attachments: # (1) Exhibit Exs. A-B, # (2) Exhibit C, # (3) Exhibit D-G) (Esler, Michael)
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Legal Document (Payment Possibly Required) 2122 Filed: 8/17/2011, Entered: 8/17/2011 Motion for Attorney Fees
Supplemental Motion for Attorney Fees of Esler, Stephens & Buckley, LLP. Filed by Certain Investor-Plaintiffs. (Attachments: # (1) Attachment) (Esler, Michael)
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Legal Document (Payment Possibly Required) 2120 Filed: 8/16/2011, Entered: 8/17/2011 OrderCourt Filing
Amended Order Designating Litigation Trust Account to Receive Settlement Funds from Law Firms. Signed on 8/16/11 by U.S. District Judge Michael R. Hogan. (sln) Modified signed date on 8/18/2011 (sln).
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Legal Document (Payment Possibly Required) 2119 Filed: 8/17/2011, Entered: 8/17/2011 MOTION - Miscellaneous
Motion Receiver Michael A. Grassmueck's Motion for Approval of Settlement with Certain Settling Brokers and Dealers and for Entry of Claims Bar Order. Oral Argument requested. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Exhibit 1 to Memorandum of Points & Authorities (Settlement Agreement), # (3) Declaration of Receiver Michael A. Grassmueck in Support of Motion, # (4) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2118 Filed: 8/16/2011, Entered: 8/16/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: Filed by Esther I Falk, Gregory A Falk (Palmer, R.)
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Legal Document (Payment Possibly Required) 2117 Filed: 8/16/2011, Entered: 8/16/2011 Notice
Notice of Third Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart, Sokol & Gray, LLC for Period January 1, 2011 Through July 31, 2011 Filed by Stewart Sokol & Gray LLC (Attachments: # (1) Attachment Certificate of Service) (Stewart, John)
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Legal Document (Payment Possibly Required) 2116 Filed: 8/15/2011, Entered: 8/16/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Receiver's Motion for Order Further Extending Deadline to 10/14/11 for Commencing Third Party Claims and Avoidance Actions [2115]. Signed on 8/15/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2115 Filed: 8/12/2011, Entered: 8/12/2011, Terminated: 8/15/2011 MOTION - Miscellaneous
Motion Receiver Michael Grassmueck's Application for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration of Francis Scollan, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2114 Filed: 8/10/2011, Entered: 8/11/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Motion for Preliminary Approval of Class Action Settlement [2109]. Fairness Hearing is set for 9/20/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Signed on 8/10/2011 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 2112 Filed: 8/11/2011, Entered: 8/11/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Joint Motion for Designation of Litigation Trust Account to Receive Settlement Funds from Law Firms [2108]. Signed on 8/11/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2110 Filed: 8/9/2011, Entered: 8/9/2011 Memorandum in Support of Motion
Memorandum in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement. Filed by Certain Investor-Plaintiffs. (Related document(s): Motion - Miscellaneous[2109].) (Attachments: # (1) Exhibit A to Memorandum, # (2) Exhibit B to Memorandum) (Esler, Michael)
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Legal Document (Payment Possibly Required) 2109 Filed: 8/9/2011, Entered: 8/9/2011, Terminated: 8/10/2011 MOTION - Miscellaneous
Unopposed Motion for Preliminary Approval of Class Action Settlement. Filed by Certain Investor-Plaintiffs. (Attachments: # (1) Attachment Proposed Order re Motion for Preliminary Approval of Class Action Settlement) (Esler, Michael)
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Legal Document (Payment Possibly Required) 2108 Filed: 7/28/2011, Entered: 7/28/2011, Terminated: 8/11/2011 MOTION - Miscellaneous
Joint Motion for Designation of Litigation Trust Account to Receive Settlement Funds. Filed by Davis Wright Tremaine LLP. (Attachments: # (1) Proposed Order Designating Litigation Trust Accout to Receive Settlement Funds from Law Firms) (Keppler, Daniel)
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Legal Document (Payment Possibly Required) 2107 Filed: 7/19/2011, Entered: 7/19/2011 OrderCourt Filing
Order - The court previously found certain Chestnut Hill Investors to be in civil contempt of the court's order adopting and implementing the Distribution Plan. The Chestnut Hill Investors sought a stay of that order pending appeal (#2081) and the court set a show cause hearing. The parties having mediated this dispute, and there being a potential settlement pending, the show cause hearing scheduled for July 19, 2011, at 9:45 a.m. is vacated; and the stay pending appeal is extended until August 15, 2011. Signed on 7/19/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2106 Filed: 7/19/2011, Entered: 7/19/2011 Request
Request Twelfth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period November 1, 2010 Through December 31, 2010. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit Exhibit A) (Larkins, William)
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Legal Document (Payment Possibly Required) 2104 Filed: 7/15/2011, Entered: 7/15/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for May and June 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A & B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 2103 Filed: 7/13/2011, Entered: 7/14/2011 Order to Show Cause Court Filing
Order to Show Cause why good faith settlement of claims of Raymond Bohen against estate should not be allowed by order. Anyone seeking to show cause shall file an objection with 10 days of the date hereof. Signed on 7/13/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2102 Filed: 7/14/2011, Entered: 7/14/2011 NoticeCourt Filing
Notice Notice L.R. 83-13 Letter to Judge Hogan Filed by Sunwest Investors/Third-Party Claimants (Grenley, Gary)
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Legal Document (Payment Possibly Required) 2101 Filed: 7/13/2011, Entered: 7/13/2011 NoticeCourt Filing
Notice Letter to Judge Hogan Pursuant to LR 83-13 Filed by Kurtz's Canyon Crest (Fischer, Justine)
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Legal Document (Payment Possibly Required) 2100 Filed: 7/13/2011, Entered: 7/13/2011 reply to motion
Reply to Motion for Stay document titled: Renewed Motion for Stay Pending Appeal[2081]. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Mountain, James)
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Legal Document (Payment Possibly Required) 2099 Filed: 7/13/2011, Entered: 7/13/2011 Request
Request For No Further Notice. Filed by Charter Bank, North Cascade National Bank. (Cushing, Douglas)
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Legal Document (Payment Possibly Required) 2098 Filed: 7/13/2011, Entered: 7/13/2011 NoticeCourt Filing
Notice L.R. 83-13 Letter to Judge Hogan Filed by Sunwest Investors/Third-Party Claimants (Yugler, Richard)
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Legal Document (Payment Possibly Required) 2097 Filed: 7/12/2011, Entered: 7/12/2011 OrderCourt Filing
Order requiring Mediation for parties and their counsel with respect to Regent Assisted Living, set for Monday, July 18, 2011, at 1:00 pm. Such parties are further ordered to show cause, if any they have, no later than Wednesday, July 13, 2011, why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 7/11/2011 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 2096 Filed: 7/8/2011, Entered: 7/8/2011 Memorandum in Opposition
Memorandum in Opposition To Renewed Motion for Stay Pending Appeal (Docket No. 2081). Filed by The Palmetto Bank. (Walker, Laura)
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Legal Document (Payment Possibly Required) 2095 Filed: 7/7/2011, Entered: 7/7/2011 Objection
Objection(s) in Response to Order Requiring Mediation. Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Order, [2094].) (Schleicher, Tara)
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Legal Document (Payment Possibly Required) 2094 Filed: 7/7/2011, Entered: 7/7/2011 OrderCourt Filing
Order requiring Mediation for parties and their counsel with respect to Bluffs at Northwoods Property, LLC set for Monday July 18, 2011 at 1pm. Such parties are further order to show cause if any they have not later than Monday July 11, 2011 why the parties should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this Court. Signed on 7/6/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2093 Filed: 7/6/2011, Entered: 7/6/2011 OrderCourt Filing
Order Requiring Mediation - with regard to the pending matters before this Court concerning Chestnut Hill, LLC, order the Tenants-in-Common, Palmetto Bank, Northland Networks, Inc and Hinshaw & Culbertson, LLP appear for the purpose of mediation on Jul 14, 2011 at 10AM. All parties have a person who are authorized to settle all Chestnut Hill related matters, appearing in person, at this Court on the appointed date. Signed on 7/6/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 7/7/2011 (jw).
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Legal Document (Payment Possibly Required) 2092 Filed: 6/29/2011, Entered: 6/29/2011 OrderCourt Filing
Order approving settlement and allowing claims of Four Hawthorne Gardens Tenants in Common. Signed on 6/28/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2090 Filed: 6/28/2011, Entered: 6/28/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted - Approving Settlement and Allowing Claims. Filed by Michael Grassmueck. (Walters, Stephen)
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Legal Document (Payment Possibly Required) 2089 Filed: 6/27/2011, Entered: 6/28/2011 Order of Dismissal of Appeal by USCA
Order from USCA for the 9th Circuit The joint motion and stipulation for voluntary dismissal of this appeal is granted. 14 Hawthorne Gardens TICs' Notice of Appeal [1937] is dismissed. This order served on the district court shall act as and for the mandate of this court. (sln)
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Legal Document (Payment Possibly Required) 2088 Filed: 6/27/2011, Entered: 6/27/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 6/6/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/8/2011. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2087 Filed: 6/27/2011, Entered: 6/27/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 5/24/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/8/2011. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2086 Filed: 6/27/2011, Entered: 6/27/2011 SchedulingCourt Filing
ORDER: Granting Motion for Stay document titled: Renewed Motion for Stay Pending Appeal [2081], effective immediately, for a period of 25 days. Parties opposing the stay shall file memoranda concerning their position no later than July 8, 2011. A hearing as to whether a stay shall be granted pending the completion of the appeal shall be held on 7/19/2011 at 09:45AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. All other pending motions related to the Chestnut Hill investors' request to stay enforcement of the court's contempt order [2048], [2044] are denied as moot. Ordered and signed on 6/27/2011 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 2085 Filed: 6/23/2011, Entered: 6/24/2011 OrderCourt Filing
Order requiring Mediation for parties and their counsel as contained in the order with respect to Encore Indemnity, Limited. Such parties are further order to show cause if any they have no later than Tuesday July 5, 2011 why the claimant should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with the court. Signed on 6/23/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2084 Filed: 6/23/2011, Entered: 6/23/2011 Response
Support of application for MIMO participation. Filed by Russell Cosgrove. (sln)
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Legal Document (Payment Possibly Required) 2083 Filed: 6/22/2011, Entered: 6/23/2011 USCA Order
Time Schedule Order from USCA for the 9th Circuit re Chestnut Hill Investor's Notice of Appeal [2078]. (sln)
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Legal Document (Payment Possibly Required) 2082 Filed: 6/22/2011, Entered: 6/22/2011 Memorandum in Support of Motion
Memorandum in Support of Motion for Stay Pending Appeal. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Related document(s): Motion for Stay[2081].) (Mountain, James)
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Legal Document (Payment Possibly Required) 2081 Filed: 6/22/2011, Entered: 6/22/2011, Terminated: 6/27/2011 Motion for Stay
Motion for Stay document titled: Renewed Motion for Stay Pending Appeal. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Mountain, James)
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Legal Document (Payment Possibly Required) 2080 Filed: 6/22/2011, Entered: 6/22/2011 Representation Statement
Representation Statement re Notice of Appeal[2078]. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Mountain, James)
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Legal Document (Payment Possibly Required) 2079 Filed: 6/22/2011, Entered: 6/22/2011 Notice
Notice re Notice of Appeal[2078] Notice of Intent to Seek Emergency Stay of Contempt Order from Ninth Circuit Filed by Certain Chestnut Hill Investors, Connolly Chestnut Hill Investors (Related document(s): Notice of Appeal[2078].) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 2078 Filed: 6/22/2011, Entered: 6/22/2011, Terminated: 9/27/2011 Notice of Appeal
Notice of Appeal to the 9th Circuit from Order on motion for order to show cause,, [2037]. Filed by Certain Chestnut Hill Investors, Connolly Chestnut Hill Investors. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 2077 Filed: 6/21/2011, Entered: 6/21/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Certain Smart Park 3 and Certain Smart Park 4 Intevestors' Motion for Relief from Stay of State Court Action regarding Smart Park [2069]. The stay with respect to C. Thomas' Framatone LLC et al v. Bank of Whitman et al Marion County Case No. 09CI4130, is hereby modified to allow the parties in that action to submit and the state court to sign and enter a limited judgment of dismissal with prejudice as to defendants Davis Wright Tremaine LLP and Timothy Dozois and Bank of Whitman. Otherwise the stay remains in full force and effect. Signed on 6/21/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2076 Filed: 6/20/2011, Entered: 6/21/2011 OrderCourt Filing
Order approving settlement and allowed claims of the Fourteen Hawthorne Gardens Tenants in Common. Signed on 6/17/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2075 Filed: 6/16/2011, Entered: 6/21/2011 Attorney Substitution
Notice and Consent for Substitution of Attorneys David D. VanSpeybroeck is substituted as counsel of record in place of Attorney Laura Caldera Taylor Filed by on behalf of Jon M. Harder, Kristin Harder (sln)
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Legal Document (Payment Possibly Required) 2074 Filed: 6/21/2011, Entered: 6/21/2011 Attorney Association
Notice of Association of Attorney Jona Jolyne Maukonen. Filed by Chestnut Hill Investors, Connolly Chestnut Hill Investors (Maukonen, Jona)
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Legal Document (Payment Possibly Required) 2073 Filed: 6/20/2011, Entered: 6/20/2011 Notice
Joint Notice of Substitution of Counsel Filed by Chestnut Hill Investors (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2072 Filed: 6/20/2011, Entered: 6/20/2011 Supplement
Supplement to Motion for Reconsideration of Contempt Order for Lack of Jurisdiction. Filed by Connolly Chestnut Hill Investors. (Related document(s): Motion for Reconsideration[2044].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2071 Filed: 6/17/2011, Entered: 6/17/2011 Order of Dismissal of Appeal by USCA
Order from USCA for the 9th Circuit dismissing Appeal re Notice of Appeal [1900]. Appellants Certain Smart Park 3's motion to dismiss this appeal is granted. (sln)
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Legal Document (Payment Possibly Required) 2070 Filed: 6/17/2011, Entered: 6/17/2011 Notice
Notice re Motion for Reconsideration[2044], Motion for Stay[2048] Notice of Failure of Settlement Negotiations and Request for Expedited Oral Argument Filed by Connolly Chestnut Hill Investors (Related document(s): Motion for Reconsideration[2044], Motion for Stay[2048].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2069 Filed: 6/17/2011, Entered: 6/17/2011, Terminated: 6/21/2011 MOTION - Miscellaneous
Unopposed Motion for Relief from Stay of State Court Action Regarding Smart Park. Filed by Certain Smart Park 3 and 4 Investors. (Attachments: # (1) Proposed Order) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2068 Filed: 6/17/2011, Entered: 6/17/2011 Order on Motion for SettlementCourt Filing
ORDER: Granting Stipulated Motion to Approve Settlement with certain Smart Park III Investors [2066]. Signed on 6/17/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2067 Filed: 6/17/2011, Entered: 6/17/2011 Order to Show Cause Court Filing
Amended Order. Show Cause Hearing (re Hawthorne Gardens) is set for 6/28/2011 at 09:45AM by telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line 541-431-4045 passcode 1111# (5 minutes) prior to hearing. Signed on 6/17/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2066 Filed: 6/17/2011, Entered: 6/17/2011, Terminated: 6/17/2011 ~Motion for Settlement
Stipulated Motion for Settlement. Filed by Certain Smart Park 3 Investors. (Attachments: # (1) Exhibit 1, # (2) Proposed Order) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2065 Filed: 6/16/2011, Entered: 6/16/2011 Order to Show Cause Court Filing
Order. Show Cause Hearing (re Hawthorne Gardens) is set for 6/28/2011 at 09:45AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at 541-431-4045 passcode 1111# (5 minutes) prior to hearing. Signed on 6/16/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2064 Filed: 6/16/2011, Entered: 6/16/2011 Memorandum in Opposition
Memorandum in Opposition to Motion for Reconsideration of Order on motion for order to show cause,, [2037][2044]. Filed by The Palmetto Bank. (Walker, Laura)
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Legal Document (Payment Possibly Required) 2063 Filed: 6/16/2011, Entered: 6/16/2011 Supplement
Supplement Reply. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Related document(s): Motion - Miscellaneous, [2015].) (Attachments: # (1) Attachment Dismissal of Defendant James Brown) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2062 Filed: 6/15/2011, Entered: 6/15/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Approving Settlement and Allowing Claims. Filed by Michael Grassmueck. (Walters, Stephen)
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Legal Document (Payment Possibly Required) 2061 Filed: 6/15/2011, Entered: 6/15/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Receiver's Motion for Order Further Extending Deadline to 8/15/11 for Commencing Third Party Claims and Avoidance Actions [2058]. Signed on 6/15/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2060 Filed: 6/15/2011, Entered: 6/15/2011 Notice
Notice And Second Post-Confirmation Application for Payment of Professional Fees of Mack Roberts & Co. Filed by Darryl E. Fisher (Jones, Justin)
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Legal Document (Payment Possibly Required) 2059 Filed: 6/15/2011, Entered: 6/15/2011 Notice
Notice And Second Post-Confirmation Application for Payment of Attorney's Fees of Thornton Byron LLP Filed by Darryl E. Fisher (Jones, Justin)
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Legal Document (Payment Possibly Required) 2058 Filed: 6/14/2011, Entered: 6/14/2011, Terminated: 6/15/2011 MOTION - Miscellaneous
Motion for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration of Francis Scollan, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 2056 Filed: 6/10/2011, Entered: 6/10/2011 Objections to Magistrate Judges OrderCourt Filing
Objections to Magistrate Judge's Order to Show Cause filed 06/06/11; Motion to modify Show Cause Order. Filed by Marvin Calhoun. (Attachments: # (1) Exhibit 14 HG TIC response to Show Cause Order) (Calhoun, Marvin)
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Legal Document (Payment Possibly Required) 2055 Filed: 6/10/2011, Entered: 6/10/2011 Motion for Attorney Fees
Motion for Attorney Fees /Ninth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the Peirod April 1, 2011 through April 30, 2011. Filed by Michael Grassmueck. (Osias, David)
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Legal Document (Payment Possibly Required) 2054 Filed: 6/10/2011, Entered: 6/10/2011 Motion for Attorney Fees
Motion for Attorney Fees /Eighth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the Period March 1, 2011 through March 31, 2011. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A) (Osias, David)
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Legal Document (Payment Possibly Required) 2053 Filed: 6/10/2011, Entered: 6/10/2011 Motion for Attorney Fees
Motion for Attorney Fees /Seventh Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins as Counsel to the Receiver for the period February 1, 2011 through February 28, 2011. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A) (Osias, David)
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Legal Document (Payment Possibly Required) 2052 Filed: 6/9/2011, Entered: 6/9/2011 Memorandum in Support
Memorandum in Support Reply in Support of Amended Motion for Referral of Dispute to Arbitration. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Related document(s): Motion - Miscellaneous, [2015].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2051 Filed: 6/6/2011, Entered: 6/6/2011 SchedulingCourt Filing
Order by U.S. District Judge Michael R. Hogan. This matter has come before the Court with regard to the mediated settlement concluded on or about May 31, 2011, pursuant to the Court-ordered mediation scheduled at this time. Therefore all parties in the above-related matters are ORDERED TO SHOW CAUSE, if any they shall have, as detailed in the attached order. A hearing shall be held upon this Show Cause Order on 6/14/2011 at 09:15AM by Telephone before U.S. District Judge Michael R. Hogan. The parties are directed to call the bridge line at (541) 431-4045, passcode 1111# (5 minutes) prior to the hearing. Any objections to this order shall be filed with the Court no later than 6/10/2011. In the event of no objections, a final order shall be entered without hearing. Signed 6/6/2011 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 2048 Filed: 6/3/2011, Entered: 6/3/2011 Motion for Stay
Emergency Motion for Stay Enforcement of Contempt Order Pursuant to FRCP 62(b) or in the alternative Stay Pending Appeal Pursuant to FRCP 62(c). Oral Argument requested. Filed by Connolly Chestnut Hill Investors. (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2047 Filed: 6/3/2011, Entered: 6/3/2011 Notice
Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray, LLC Filed by Stewart Sokol & Gray LLC (Attachments: # (1) Attachment Certificate of Service) (Stewart, John)
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Legal Document (Payment Possibly Required) 2046 Filed: 6/2/2011, Entered: 6/2/2011 Motion for Extension of Time
Emergency Motion for Extension of Time to Purge Contempt. Expedited Oral Argument requested. Filed by Connolly Chestnut Hill Investors. (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2045 Filed: 6/2/2011, Entered: 6/2/2011 Declaration
Declaration of Paul R.J. Connolly in Support of Motion for Reconsideration. Filed by Connolly Chestnut Hill Investors. (Related document(s): Motion for Reconsideration[2044].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2044 Filed: 6/2/2011, Entered: 6/2/2011 Motion for Reconsideration
Motion for Reconsideration of Order on motion for order to show cause,, [2037]. Expedited Oral Argument requested. Filed by Connolly Chestnut Hill Investors. (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2043 Filed: 6/2/2011, Entered: 6/2/2011 USCA Order
Order from USCA for the 9th Circuit re Notice of Appeal [1900]. The court is in receipt of appellants motion filed on May 27, 2011. The court construes appellants motion as a motion to dismiss the appeal as to all appellants except the Framatone appellants. So construed, the motion is granted. This order served on the district court shall act as and for the mandate of thiscourt as to all appellants except the Framatone appellants. The briefing schedule for the remaining appellants is stayed pending furtherorder of the court. (sln)
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Legal Document (Payment Possibly Required) 2042 Filed: 6/2/2011, Entered: 6/2/2011 Response to Motion
Response to Motion for Referral of Dispute Regarding Insurance Coverage of Claims against James Brown and James Brown & Associates to Arbitration[2013], Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration[2015]. Filed by James Brown & Associates, Inc.. (Wagner, Lawrence)
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Legal Document (Payment Possibly Required) 2040 Filed: 5/26/2011, Entered: 5/26/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: Filed by Spring Pointe, LLC (Field, Joseph)
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Legal Document (Payment Possibly Required) 2039 Filed: 5/25/2011, Entered: 5/25/2011 Notice
Notice of Substitution of Counsel Filed by Certain Hawthorne Gardens Investors (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2038 Filed: 5/25/2011, Entered: 5/25/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for April 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A-B) (MacLean, Merrilee) (sln).
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Legal Document (Payment Possibly Required) 2037 Filed: 5/24/2011, Entered: 5/24/2011 Order on Motion for Order to Show CauseCourt Filing
ORDER: Palmetto Bank's motion [1955] is granted and the Chestnut Hill Investors are found to be in civil contempt of the Court's Order adopting and implementing the Distribution Plan. The Chestnut Hill Investors may purge themselves of the contempt by dismissing, with prejudice, the action in Marion County. If the action is not dismissed within 14 days from the date of this order, the court will set a date for the Investors to appear before this court to face further sanctions Signed on 5/24/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2033 Filed: 5/23/2011, Entered: 5/23/2011 Response
Response to Order dated May 20, 2011 in regard to May 31, 2011 Mediation. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 2032 Filed: 5/20/2011, Entered: 5/20/2011 OrderCourt Filing
Order - the conditional withdrawal is not an appropriate response to the order to show cause, and therefore, the Hawthorne Gardens, LLC, and in particular, certain Tenants-in-Common, John R. Cosgrove, Esq., and his clients, and the other parties to the mediation are ordered to appear at the offices of Allen Matkins Leek Gamble Mallory & Natsis, LLP,Three Embarcadero Center, Twelfth Floor, San Francisco, California 94111, on Tuesday, May 31, 2011, at 9 a.m., to mediate outstanding issues with regard to Hawthorne Gardens. Signed on 5/20/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 5/20/2011 (sln).
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Legal Document (Payment Possibly Required) 2029 Filed: 5/20/2011, Entered: 5/20/2011 Response to Order to Show Cause
Supplement to Response to Order to Show Cause [2017]. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 2028 Filed: 5/20/2011, Entered: 5/20/2011 Attorney Appearance
Notice of Appearance of Justin C. Jones appearing on behalf of Darryl E. Fisher Filed by on behalf of Darryl E. Fisher (Jones, Justin)
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Legal Document (Payment Possibly Required) 2027 Filed: 5/19/2011, Entered: 5/19/2011 Declaration
Declaration of Lawrence A. Wagner. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion[2026].) (Wagner, Lawrence)
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Legal Document (Payment Possibly Required) 2026 Filed: 5/19/2011, Entered: 5/19/2011 Motion for Extension of Time to File Response/Reply to a Motion
Motion for Extension of Time to File a Response/Reply to Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration[2015].. (Wagner, Lawrence)
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Legal Document (Payment Possibly Required) 2025 Filed: 5/13/2011, Entered: 5/13/2011 Response to Order to Show Cause
Response to Order to Show Cause [2017]. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 2024 Filed: 5/13/2011, Entered: 5/13/2011 Response to Order to Show Cause
Response to Order to Show Cause [2019]. Filed by Carol Ray. (sln)
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Legal Document (Payment Possibly Required) 2023 Filed: 5/12/2011, Entered: 5/12/2011 Response to Order to Show Cause
Response to Order to Show Cause [2019]. Filed by Thomas M. Kelley. (sln)
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Legal Document (Payment Possibly Required) 2022 Filed: 5/12/2011, Entered: 5/12/2011 Response to Order to Show Cause
Response to Order to Show Cause [2019]. Filed by Zia Trust, Inc.. (sln)
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Legal Document (Payment Possibly Required) 2021 Filed: 5/11/2011, Entered: 5/11/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 3/29/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/23/2011. Redaction Request due 6/6/2011. Redacted Transcript Deadline set for 6/16/2011. Release of Transcript Restriction set for 8/12/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2020 Filed: 5/11/2011, Entered: 5/11/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: Filed by Oregon Department of Consumer and Business Services (Rosenhouse, Daniel)
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Legal Document (Payment Possibly Required) 2019 Filed: 5/10/2011, Entered: 5/10/2011 OrderCourt Filing
Order requiring Mediation for parties and their counsel as contained in the order. Such parties are further order to show cause if any they have no later than Friday May 13, 2011 why they should not appear and attend said mediation as scheduled. Responses to the Order to Show Cause must be in writing and filed with this court. Signed on 5/10/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2017 Filed: 5/9/2011, Entered: 5/9/2011 OrderCourt Filing
Order requiring Mediation and Order to Show Cause why Mediation should not to forward regarding Hawthorne Gardens, LLC. Order that John R. Cosgrove, Esq, practicing law and his clients currently participating in this proceedings appear on Tuesday May 31, 2011 at the Law Offices of Allen Matkins Leck Gamble Mallory & Natis LLP San Francisco California at 9am for the purpose of mediating any outstanding and remaining issues involving said property. Ordered that such counsel and parties are further ordered to show cause, if any they have, not later than May 13, 2011 why they should not appear and attend said mediation as scheduled. Signed on 5/9/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2016 Filed: 5/6/2011, Entered: 5/6/2011 Supplement
Supplement Detail of Payment of Fees in Support of Petition and Statement for Attorney Fees and Cost Bill. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Motion for Attorney Fees, [1810].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2015 Filed: 5/5/2011, Entered: 5/5/2011 MOTION - Miscellaneous
Amended Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration. Oral Argument requested. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Attachments: # (1) Proposed Order) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2014 Filed: 5/5/2011, Entered: 5/5/2011 Declaration
Declaration of Paul R.J. Connolly in Support of Motion for Referral of Dispute Regarding Insurance Coverage of Claims Against James Brown and James Brown & Associates to Arbitration. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Related document(s): Motion - Miscellaneous, [2013].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2013 Filed: 5/5/2011, Entered: 5/5/2011 MOTION - Miscellaneous
Motion for Referral of Dispute Regarding Insurance Coverage of Claims against James Brown and James Brown & Associates to Arbitration. Oral Argument requested. Filed by Stanley's Maplewood, LLC; Stanley's Emerald Estates, LLC; Stanley's Georgian Place, LLC; and Stanley's Lexington Gardens, LLC. (Attachments: # (1) Proposed Order) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2012 Filed: 5/4/2011, Entered: 5/4/2011 Declaration
Declaration of Gordon Checketts in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous[2006].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2011 Filed: 5/4/2011, Entered: 5/4/2011 Declaration
Declaration of Mary Bishop in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous[2006].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2010 Filed: 5/4/2011, Entered: 5/4/2011 Declaration
Declaration of Cindy Batchelder in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous[2006].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2009 Filed: 5/4/2011, Entered: 5/4/2011 Declaration
Declaration of Bradley Fish in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous[2006].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2008 Filed: 5/4/2011, Entered: 5/4/2011 Declaration
Declaration of Paul R.J. Connolly in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous[2006].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2007 Filed: 5/4/2011, Entered: 5/4/2011 Memorandum in Support of Motion
Memorandum in Support of Motion for Approval of Late-Filed Claim. (Related document(s): Motion - Miscellaneous[2006].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2006 Filed: 5/4/2011, Entered: 5/4/2011 MOTION - Miscellaneous
Motion for Approval of Late-Filed Claim.. (Connolly, Paul)
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Legal Document (Payment Possibly Required) 2004 Filed: 5/3/2011, Entered: 5/3/2011 OrderCourt Filing
Order (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claim, Interests and Encumbrances; (II) Relieving Receiver From Provisions of 28 U.S.C. Sections 2001-2002; (III) Authorizing The Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker. Signed on 5/3/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 2003 Filed: 5/2/2011, Entered: 5/2/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 3/22/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/12/2011. Redaction Request due 5/26/2011. Redacted Transcript Deadline set for 6/6/2011. Release of Transcript Restriction set for 8/4/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 2002 Filed: 5/2/2011, Entered: 5/2/2011 Supplement
Supplement Corrected Fee Petition Of Grenley Attorneys. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Notice[1763], Affidavit, [2001], Supplement[1999], Notice, [1764].) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 2001 Filed: 4/28/2011, Entered: 4/28/2011 Affidavit
SIGNED Supplemental Affidavit of Gary I. Grenley of April 28, 2011. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Supplement[1999].) (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 2000 Filed: 4/28/2011, Entered: 4/28/2011 Affidavit
Supplemental Affidavit of Gary I. Grenley of April 28, 2011. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Supplement[1999].) (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1999 Filed: 4/28/2011, Entered: 4/28/2011 Supplement
Supplement Grenley Firm Supplemental Attorney Fee Request And Memorandum In Support. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Notice[1763], Notice, [1764].) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1998 Filed: 4/28/2011, Entered: 4/28/2011 Reply
Reply Memorandum in Support of Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief. Filed by The Palmetto Bank. (Related document(s): Memorandum in Opposition, [1989].) (Walker, Laura)
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Legal Document (Payment Possibly Required) 1997 Filed: 4/28/2011, Entered: 4/28/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: Filed by Certain Plaintiffs' Counsel (Dretke, Brian)
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Legal Document (Payment Possibly Required) 1996 Filed: 4/19/2011, Entered: 4/22/2011 Order on Motion for SettlementCourt Filing
ORDER: Limiting Notice of and Granting Motion to Approve Settlement with Secured TICs (Henvy/Grabenhorst) [1992]. Signed on 4/19/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1995 Filed: 4/20/2011, Entered: 4/20/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for March 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A and B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1993 Filed: 4/18/2011, Entered: 4/18/2011 Request
Request for final decision on motion. Filed by Capital Pacific Bank. (Summers, Brent)
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Legal Document (Payment Possibly Required) 1992 Filed: 4/18/2011, Entered: 4/18/2011, Terminated: 4/19/2011 ~Motion for Settlement
Stipulated Motion for Settlement with Secured TICs and Motion to Limit Notice Thereof (Henvy/Grabenhorst). Filed by Secured TICs. (Attachments: # (1) Proposed Order) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 1990 Filed: 4/14/2011, Entered: 4/14/2011 Declaration
Declaration of Michael Grassmueck. Filed by Certain Chestnut Hill Investors. (Related document(s): Memorandum in Opposition, [1989].) (Esler, Michael)
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Legal Document (Payment Possibly Required) 1989 Filed: 4/14/2011, Entered: 4/14/2011 Memorandum in Opposition
Memorandum in Opposition to Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief[1955]. Filed by Certain Chestnut Hill Investors. (Esler, Michael)
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Legal Document (Payment Possibly Required) 1987 Filed: 4/13/2011, Entered: 4/13/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Receiver's Motion further extending deadline to 6/15/11 for commencing third party claims and avoidance actions [1986]. Signed on 4/13/11 by U.S. District Judge Michael R. Hogan. (sln) (Main Document 1987 replaced on 4/13/2011) (sln).
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Legal Document (Payment Possibly Required) 1986 Filed: 4/12/2011, Entered: 4/12/2011, Terminated: 4/13/2011 MOTION - Miscellaneous
Motion FOR ORDER FURTHER EXTENDING DEADLINE FOR COMMENCING THIRD PARTY CLAIMS AND AVOIDANCE ACTIONS. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration of Francis N. Scollan, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1985 Filed: 4/6/2011, Entered: 4/7/2011 OrderCourt Filing
Order re assignment of all Sunwest Investor's rights and claims against certain third parties to Receiver. Signed on 4/6/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1984 Filed: 4/6/2011, Entered: 4/7/2011 Transcript Designation and Order FormCourt Filing
Transcript Designation and Order Form for the hearing held on 2/9/11 before Judge Michael R. Hogan. Court Reporter: Deb Wilhelm. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1983 Filed: 4/6/2011, Entered: 4/6/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claim, Interests and Encumbrances; (II) Relieving Receiver From Provisions of 28 U.S.C. Sectons 2001-2002; (III) Authorizing The Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A) (Zaro, David)
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Legal Document (Payment Possibly Required) 1982 Filed: 4/6/2011, Entered: 4/6/2011 Memorandum in Support of Motion
Memorandum in Support of Agreed Motion for Order Authorizing Sale of Certain Property, etc.. Filed by Michael Grassmueck. (Related document(s): Motion - Miscellaneous, [1981].) (Attachments: # (1) Exhibit A) (Zaro, David)
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Legal Document (Payment Possibly Required) 1981 Filed: 4/6/2011, Entered: 4/6/2011 MOTION - Miscellaneous
Joint Motion for Order (I) Authorizing Sale of Certain Property Free and Clear of All Liens, Claims, Interests and Encumbrances; (II) Relieving Receiver From the Provisions of 28 U.S.C. Sections 2001-2002; and (III) Authorizing the Receiver to Execute that Certain Settlement Agreement and (IV) Authorizing Employment of Real Estate Broker. Filed by Michael Grassmueck. (Zaro, David)
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Legal Document (Payment Possibly Required) 1979 Filed: 4/1/2011, Entered: 4/1/2011 Memorandum in Support
Memorandum in Support RESPONSE OF ESLER, STEPHENS & BUCKLEY TO ORDER TO SHOW CAUSE. Filed by Certain Investor-Plaintiffs. (Related document(s): Order to Show Cause, [1943].) (Stephens, John)
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Legal Document (Payment Possibly Required) 1978 Filed: 4/1/2011, Entered: 4/1/2011 Declaration
Declaration of OF MICHAEL J. ESLER IN SUPPORT OF RESPONSE TO ORDER TO SHOW CAUSE. Filed by Certain Investor-Plaintiffs. (Related document(s): Order to Show Cause, [1943].) (Stephens, John)
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Legal Document (Payment Possibly Required) 1977 Filed: 4/1/2011, Entered: 4/1/2011 SupplementCourt Filing
Supplement Letter to Judge Hogan. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Response to Motion[1973].) (Trinchero, Paul)
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Legal Document (Payment Possibly Required) 1976 Filed: 4/1/2011, Entered: 4/1/2011 Declaration
Supplemental Declaration of Paul R.J. Connolly in Support of Petition and Statement for Attorney Fees and Cost Bill. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Brief[1975].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 1975 Filed: 4/1/2011, Entered: 4/1/2011 Brief
Brief in Response to Order to Show Cause. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Order to Show Cause, [1943].) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 1974 Filed: 4/1/2011, Entered: 4/1/2011 Affidavit
Affidavit of Gary I. Grenley in Response to Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Response to Motion[1973].) (Attachments: # (1) Exhibit, # (2) Exhibit) (Trinchero, Paul)
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Legal Document (Payment Possibly Required) 1973 Filed: 4/1/2011, Entered: 4/1/2011 Response to Motion
Response to Order to Show Cause re: Third-Party Fee Petition. Filed by Sunwest Investors/Third-Party Claimants. (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1972 Filed: 4/1/2011, Entered: 4/1/2011 SupplementCourt Filing
Supplement Letter to Judge Hogan. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Motion - Miscellaneous[1970], Affidavit in Support of Motion, [1971].) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1971 Filed: 4/1/2011, Entered: 4/1/2011 Affidavit in Support of Motion
Gary I. Grenley Supplemental Affidavit in Support of Motion Requesting In Camera Review and Filing Under Seal of Privileged And Confidential Communications and In Response to Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Related document(s): Motion - Miscellaneous[1970].) (Attachments: # (1) Exhibit Exhibit 1 to Grenley Supplemental Affidavit) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1970 Filed: 4/1/2011, Entered: 4/1/2011 MOTION - Miscellaneous
Motion Requesting In Camera Review And Filing Under Seal of Privileged And Confidential Communications. Filed by Sunwest Investors/Third-Party Claimants. (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1968 Filed: 4/1/2011, Entered: 4/1/2011 Declaration
Declaration of Justine Fischer in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Brief[1965].) (Attachments: # (1) Exhibit A (time and expense records)) (Pierson, Kit)
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Legal Document (Payment Possibly Required) 1967 Filed: 4/1/2011, Entered: 4/1/2011 Declaration
Declaration of Herbert E. Adelman in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Brief[1965].) (Attachments: # (1) Exhibit A (time and expense records)) (Pierson, Kit)
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Legal Document (Payment Possibly Required) 1966 Filed: 4/1/2011, Entered: 4/1/2011 Declaration
Declaration of Kit A. Pierson in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Brief[1965].) (Attachments: # (1) Exhibit A (Kit A. Pierson time records), # (2) Exhibit B (CMST time records), # (3) Exhibit C (complaint), # (4) Exhibit D (CMST expenses)) (Pierson, Kit)
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Legal Document (Payment Possibly Required) 1965 Filed: 4/1/2011, Entered: 4/1/2011 Brief
Brief in Response to Order to Show Cause. Filed by Certain Plaintiffs' Counsel. (Related document(s): Order to Show Cause, [1943].) (Attachments: # (1) Exhibit A (Fees Memo), # (2) Exhibit B (Suppl. Fees Memo)) (Pierson, Kit)
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Legal Document (Payment Possibly Required) 1964 Filed: 4/1/2011, Entered: 4/1/2011 Declaration
Declaration of Richard S. Yugler in Support of Movant LBB's Response to March 22, 2011 Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Yugler, Richard)
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Legal Document (Payment Possibly Required) 1963 Filed: 4/1/2011, Entered: 4/1/2011 Response to Order to Show Cause
Response to Order to Show Cause. Filed by Sunwest Investors/Third-Party Claimants. (Yugler, Richard)
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Legal Document (Payment Possibly Required) 1955 Filed: 3/31/2011, Entered: 3/31/2011, Terminated: 5/24/2011 ~Motion for Order to Show Cause
Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief. Oral Argument requested. Filed by The Palmetto Bank. (Walker, Laura)
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Legal Document (Payment Possibly Required) 1954 Filed: 3/31/2011, Entered: 3/31/2011 Declaration
Declaration of Laura J. Walker. Filed by The Palmetto Bank. (Related document(s): Motion for Order to Show Cause, [1952].) (Walker, Laura)
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Legal Document (Payment Possibly Required) 1953 Filed: 3/31/2011, Entered: 3/31/2011 Declaration
Declaration of Jeffrey C. Nix. Filed by The Palmetto Bank. (Related document(s): Motion for Order to Show Cause, [1952].) (Walker, Laura)
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Legal Document (Payment Possibly Required) 1952 Filed: 3/31/2011, Entered: 3/31/2011 ~Motion for Order to Show Cause
STRICKEN Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Oregon State Court Litigation or Issue Other Appropriate Relief. Oral Argument requested. Filed by The Palmetto Bank. (Walker, Laura) Modified on 4/6/2011 - document attached is not entitled as a motion (sln).
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Legal Document (Payment Possibly Required) 1950 Filed: 3/29/2011, Entered: 3/29/2011 Proposed Form of Order or Judgment
Amended Proposed Form of Order Submitted regarding Assignment of Certain Third Party Claims. Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1948 Filed: 3/21/2011, Entered: 3/25/2011 Declaration
Declarations. Filed by Marvin Calhoun. (Related document(s): Response in Opposition to Motion[1934].) (sln)
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Legal Document (Payment Possibly Required) 1946 Filed: 3/23/2011, Entered: 3/24/2011 OrderCourt Filing
Stipulated Order approving settlement and establishing allowed claim of Sean Ryan. Signed on 3/23/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1945 Filed: 3/22/2011, Entered: 3/23/2011 OrderCourt Filing
Order formerly abandoning Divestco Property Milton Senior Community, LLC. Signed on 3/22/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1944 Filed: 3/22/2011, Entered: 3/22/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Stipulated Order Approving Settlement and Establishing Allowed Claim of Sean Ryan. Filed by Michael Grassmueck. (Zaro, David)
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Legal Document (Payment Possibly Required) 1943 Filed: 3/22/2011, Entered: 3/22/2011 Order to Show Cause Court Filing
Order to Show Cause with respect to various third party fee applications. All movants listed in the the show cause order shall provide their written response no later than 10 days from the date of this order. Attorneys will not be compensated for time spent responding to this order. Following submission of written responses, the court will set a hearing. Signed on 3/22/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1941 Filed: 3/21/2011, Entered: 3/21/2011 USCA Order
Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal [1937] by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1940 Filed: 3/21/2011, Entered: 3/21/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for February 2011 and Request for Approval and Payment Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A - B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1939 Filed: 3/18/2011, Entered: 3/18/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 12/10/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/28/2011. Redaction Request due 4/11/2011. Redacted Transcript Deadline set for 4/21/2011. Release of Transcript Restriction set for 6/20/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 1938 Filed: 3/17/2011, Entered: 3/17/2011 Notice
Notice ELEVENTH INTERIM APPLICATION FOR PROFESSIONAL COMPENSATION OF RECEIVER MICHAEL A. GRASSMUECK FOR THE PERIOD SEPTEMBER 1, 2010 THROUGH OCTOBER 31, 2010 Filed by Michael Grassmueck (Larkins, William)
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Legal Document (Payment Possibly Required) 1937 Filed: 3/17/2011, Entered: 3/17/2011 Notice of Appeal
Notice of Appeal to the 9th Circuit. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (Rundle, Paul)
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Legal Document (Payment Possibly Required) 1936 Filed: 3/17/2011, Entered: 3/17/2011 Attorney Association
Notice of Association of Attorney Paul R. Rundle. Filed by Fourteen Hawthorne Gardens' Tenants in Common (Rundle, Paul)
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Legal Document (Payment Possibly Required) 1934 Filed: 3/13/2011, Entered: 3/13/2011 Response in Opposition to Motion
Response in Opposition to Joint Motion for Order for Findings of Fact and Conclusions of Law (Corrected)[1928], Joint Motion for Order for Findings of Fact and Conclusions of Law[1904]. Filed by Marvin Calhoun. (Calhoun, Marvin)
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Legal Document (Payment Possibly Required) 1933 Filed: 3/9/2011, Entered: 3/10/2011 Stipulated OrderCourt Filing
Stipulated Order approving settlement; establishing actual real property loan balance; and resolving third party claims as to secured creditor of Vestin Signed on 3/9/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1932 Filed: 3/9/2011, Entered: 3/10/2011 Declaration
Declaration of John R. Cosgrove. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (Related document(s): Motion to intervene [1909].) (sln)
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Legal Document (Payment Possibly Required) 1931 Filed: 3/10/2011, Entered: 3/10/2011 MOTION - Miscellaneous
Motion For Order re Assignment of all Sunwest Investors' Rights and Claims against certain Third Parties to Receiver. Filed by Michael Grassmueck. (Attachments: # (1) Proposed Order) (Scollan, Francis) Modified text on 3/16/2011 (sln).
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Legal Document (Payment Possibly Required) 1929 Filed: 3/10/2011, Entered: 3/10/2011 Response in Opposition to Motion
Response in Opposition - Memorandum to Support Receiver's Objection and Motion to Strike Application to Interviene by Fourteen Hawthorne Gardens Investors - to Motion to Intervene[1909]. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1928 Filed: 3/9/2011, Entered: 3/9/2011 Motion for Order
Joint Motion for Order for Findings of Fact and Conclusions of Law (Corrected). Oral Argument requested. Filed by Capital Pacific Bank. (Summers, Brent)
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Legal Document (Payment Possibly Required) 1927 Filed: 3/9/2011, Entered: 3/9/2011 Memorandum in Opposition
Memorandum in Opposition - Memorandum to Support Receiver's Objection and Motion to Strike Application to Intervene by Fourteen Hawthorne Gardens Investors to Motion to Intervene[1909]. Filed by Michael Grassmueck. (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1926 Filed: 3/9/2011, Entered: 3/9/2011 Memorandum in Opposition
Memorandum in Opposition - Receiver's Objection and Motion to Strike Application to Intervene by Fourtheen Hawthorne Gardens Investors to Motion to Intervene[1909]. Filed by Michael Grassmueck. (Walters, Stephen) Modified text on 3/10/2011 (sln).
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Legal Document (Payment Possibly Required) 1924 Filed: 3/9/2011, Entered: 3/9/2011 Notice
Notice of Final (Third) Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period January 1, 2011, through January 31, 2011 Filed by Unsecured Creditors Committee (Attachments: # (1) Exhibit A: Fees for January 2011, # (2) Exhibit B: Costs for January 2011, # (3) Proposed Order) (Elsaesser, Ford)
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Legal Document (Payment Possibly Required) 1923 Filed: 3/8/2011, Entered: 3/8/2011 Transcript Designation and Order FormCourt Filing
Transcript Designation and Order Form for the hearing held on December 10, 2010 before Judge Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal[1900]. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. Transcript is due by 4/11/2011. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1922 Filed: 3/7/2011, Entered: 3/7/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 1/25/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/17/2011. Redaction Request due 3/31/2011. Redacted Transcript Deadline set for 4/11/2011. Release of Transcript Restriction set for 6/9/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 1920 Filed: 3/4/2011, Entered: 3/4/2011 Proposed Form of Order or Judgment
Stipulated Proposed Form of Order Submitted Approving Settlement; Establishing Actual Real Property Loan Balance; and Resolving Third Party Claims As to Secured Creditor of Vestin. Filed by Michael Grassmueck. (Zaro, David)
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Legal Document (Payment Possibly Required) 1919 Filed: 3/3/2011, Entered: 3/3/2011 Motion for Clarification
Motion for Clarification of Order Settling Claims of Paul Connolly Order[1917]. Filed by Law Office of Paul R.J. Connolly, PC. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1918 Filed: 3/3/2011, Entered: 3/3/2011 Order of Dismissal of Appeal by USCA
Order from USCA for the 9th Circuit pursuant to the stipulation filed by the parties, this appeal is dismissed re Notice of Appeal [1776] filed by Homesteads at Newtown TICs, 422 TIC Investor-Owners. (sln) Modified text on 3/7/2011 (jw).
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Legal Document (Payment Possibly Required) 1917 Filed: 3/3/2011, Entered: 3/3/2011 OrderCourt Filing
Order settling claims of Paul Connolly. Signed on 3/3/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1915 Filed: 3/3/2011, Entered: 3/3/2011 Notice
First Notice Application for Compensation and Expenses of Board of Managers and Professionals Re Willamette Property Holdings, LLC (Previously Known As "TrustCo") Filed by Willamette Property Holdings, LLC (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G) (Elsaesser, Ford)
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Legal Document (Payment Possibly Required) 1913 Filed: 3/2/2011, Entered: 3/2/2011 OrderCourt Filing
Order setting allowed claim amount of GRE Management Services, Inc/Riverwalk Commons, L.P. Signed on 3/1/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 3/3/2011 (jw).
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Legal Document (Payment Possibly Required) 1912 Filed: 3/2/2011, Entered: 3/2/2011 Transcript Designation and Order FormCourt Filing
Transcript Designation and Order Form for the hearing held on January 25, 2011 before Judge Hogan. Court Reporter: Deb Wilhelm. regarding Notice of Appeal[1900]. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. Transcript is due by 4/4/2011. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1911 Filed: 3/2/2011, Entered: 3/2/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Settling Claims of Paul Connolly. Filed by Michael Grassmueck. (Zaro, David)
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Legal Document (Payment Possibly Required) 1909 Filed: 2/28/2011, Entered: 2/28/2011 Motion to Intervene
Motion for Leave to Intervene in action to file notice of appeal. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1908 Filed: 2/25/2011, Entered: 2/25/2011 USCA Order
Docketing Letter and Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal [1900] by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (sln)
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Legal Document (Payment Possibly Required) 1907 Filed: 2/25/2011, Entered: 2/25/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Receiver's Motion for Order further extending deadline for commencing third party claims and avoidance actions to 4/15/11 [1905]. Signed on 2/25/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1906 Filed: 2/25/2011, Entered: 2/25/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for January 2011 and Request for Approval of Payment for Representation of TIC Committee Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A and B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1905 Filed: 2/24/2011, Entered: 2/24/2011, Terminated: 2/25/2011 MOTION - Miscellaneous
Motion Receiver Michael Grassmueck's Application for Order Extending Deadline for Commencing Third Party Claims. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration of Francis Scollan, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1904 Filed: 2/24/2011, Entered: 2/24/2011 Motion for Order
Joint Motion for Order for Findings of Fact and Conclusions of Law. Oral Argument requested. Filed by Capital Pacific Bank. (Summers, Brent)
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Legal Document (Payment Possibly Required) 1902 Filed: 2/22/2011, Entered: 2/22/2011 Notice
Notice of Purging of Contempt by Magnolia Oaks LLC, et al Filed by Michael Grassmueck (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1901 Filed: 2/18/2011, Entered: 2/18/2011 Representation Statement
Representation Statement re Notice of Appeal[1900]. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1900 Filed: 2/18/2011, Entered: 2/18/2011, Terminated: 6/2/2011 Notice of Appeal
Notice of Appeal to the 9th Circuit from Stipulated Order[1860], Order[1861]. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1899 Filed: 2/17/2011, Entered: 2/17/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Order Formerly Abandoning Divestco Property Milton Senior Community, LLC. Filed by Lloyd Enterprises, Inc.. (Carson, Christopher)
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Legal Document (Payment Possibly Required) 1898 Filed: 2/17/2011, Entered: 2/17/2011 MOTION - Miscellaneous
Motion to Abandon Milton Senior Community, LLC. Filed by Lloyd Enterprises, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Carson, Christopher)
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Legal Document (Payment Possibly Required) 1897 Filed: 2/14/2011, Entered: 2/16/2011 OrderCourt Filing
Order regarding payment on applications for compensation and expenses to Grove, Mueller & Swank, P.C. Signed on 2/12/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1896 Filed: 2/16/2011, Entered: 2/16/2011 Proposed Form of Order or Judgment
Stipulated Proposed Form of Order Submitted Order Setting Allowed Amount on Claims. Filed by GRE Management Services, Inc., Riverwalk Commons, L.P.. (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1895 Filed: 2/9/2011, Entered: 2/16/2011 OrderCourt Filing
Order (1) approving Settlement and (2) entering Final Claim Bar Order and Injunction. Signed on 2/9/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1894 Filed: 2/15/2011, Entered: 2/15/2011 Motion for Attorney Fees
Motion for Attorney Fees /Sixth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver, for the period January 1, 2011 through January 31, 2011. Filed by Michael Grassmueck. (Osias, David)
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Legal Document (Payment Possibly Required) 1893 Filed: 2/11/2011, Entered: 2/11/2011 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 2/9/2011 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/22/2011. Redaction Request due 3/7/2011. Redacted Transcript Deadline set for 3/17/2011. Release of Transcript Restriction set for 5/16/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 1892 Filed: 2/11/2011, Entered: 2/11/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Regarding Payment on Applications for Compensation and Expenses. Filed by Grove, Mueller & Swank, P.C.. (Knapp, Michael)
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Legal Document (Payment Possibly Required) 1889 Filed: 2/8/2011, Entered: 2/8/2011 MOTION - Miscellaneous
Motion to Amend Order Staying Court Actions. Filed by Certain 9th & Rose Investors. (Attachments: # (1) Exhibit A) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 1888 Filed: 2/8/2011, Entered: 2/8/2011 OrderCourt Filing
Order settling claim of Merrill Lynch Capital Services, Inc (claims 1381 and 1382). Signed on 2/7/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1887 Filed: 2/7/2011, Entered: 2/8/2011 Supplement
Supplement Declaration of John R. Cosgrove in opposition to Final Claim Bar. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1886 Filed: 2/7/2011, Entered: 2/7/2011 Response
Response to memorandum of the putative class re convenant not to sure; opposition to final claim bar. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1885 Filed: 2/7/2011, Entered: 2/7/2011 Response
Response to Receiver's reply in regard to proposed unconstitutional claim bar in defiance of the Ninth Circuit's 2008 decision in Heritage Bond Litigation. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1884 Filed: 2/7/2011, Entered: 2/7/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Settling Claim of Merrill Lynch Capital Services, Inc. [Claims 1381 and 1382]. Filed by Michael Grassmueck. (Zaro, David)
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Legal Document (Payment Possibly Required) 1883 Filed: 2/7/2011, Entered: 2/7/2011 Declaration
Declaration of Merrilee A. MacLean in Support of Response to Motion to Strike. Filed by Tenants in Common Committee. (Related document(s): Response to Motion, [1882].) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1882 Filed: 2/7/2011, Entered: 2/7/2011 Response to Motion
Response to Motion to Strike TIC Committee's Joinder in SEC Motion for Remedies to Motion to Strike Defendant Harder's FRCP 21 (f) Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies Response to Motion[1836][1875]. Filed by Tenants in Common Committee. (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1881 Filed: 2/4/2011, Entered: 2/4/2011 Response to Order to Show Cause
Response to Order to Show Cause re: Distributions. Filed by Certain Hawthorne Gardens Investors. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1880 Filed: 2/4/2011, Entered: 2/4/2011 Response to Order to Show Cause
Response to Order to Show Cause re: Distributions. Filed by Secured TICs. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1879 Filed: 2/4/2011, Entered: 2/4/2011 Objection
Objection(s) , Conditional to Order to Show Cause Re: Distributions. Filed by Robert E Price. (Related document(s): Order,,,,,, [1842].) (Risken, Patrick)
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Legal Document (Payment Possibly Required) 1878 Filed: 2/2/2011, Entered: None Court Filing
Order regarding Motion to Strike Defendant Harder's FRCP 21 (f) Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies Response to Motion 1836 1875 Oral Argument is set for 2/9/2011 at 10:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 02/02/2011)
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Legal Document (Payment Possibly Required) 1877 Filed: 2/1/2011, Entered: 2/1/2011 Declaration
Declaration of Dayna J. Christian in Suppport of Defendant Harder's Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies. Filed by Jon M. Harder. (Related document(s): Motion to Strike[1875].) (Attachments: # (1) Exhibit A - transcript of 4-2-10 hearing) (VanSpeybroeck, David)
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Legal Document (Payment Possibly Required) 1876 Filed: 2/1/2011, Entered: 2/1/2011 Declaration
Declaration of John R. Cosgrove in support of opposition to final claims bar. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1875 Filed: 2/1/2011, Entered: 2/1/2011 Motion to Strike
Motion to Strike Defendant Harder's FRCP 21 (f) Motion to Strike TIC Committee's Joinder Supporting SEC Request for Remedies Response to Motion[1836]. Filed by Jon M. Harder. (VanSpeybroeck, David)
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Legal Document (Payment Possibly Required) 1874 Filed: 2/1/2011, Entered: 2/1/2011 Memorandum in Support
Joint Memorandum in Support of Receiver's Motion for Approval of Settlement. Filed by Davis Wright Tremaine LLP. (Related document(s): Motion for Settlement, [1591].) (Keppler, Daniel)
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Legal Document (Payment Possibly Required) 1873 Filed: 1/31/2011, Entered: 1/31/2011 Declaration
Declaration of Mark P. Fickes in support of SEC Reply Memorandum. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous[1749].) (Attachments: # (1) Exhibit Exhibits A-D) (Fickes, Mark)
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Legal Document (Payment Possibly Required) 1872 Filed: 1/31/2011, Entered: 1/31/2011 reply to motion
Reply Memorandum to Motion for Remedies[1749] Oral Argument requested. Filed by Securities and Exchange Commission. (Fickes, Mark)
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Legal Document (Payment Possibly Required) 1871 Filed: 1/28/2011, Entered: 1/28/2011 Proposed Form of Order or Judgment
Proposed Form of Order Submitted by Receiver Michael A. Grassmueck (1) Approving Settlement and (2) Entering Final Claim Bar Order and Injunction. Filed by Michael Grassmueck. (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1870 Filed: 1/28/2011, Entered: 1/28/2011 Declaration
Declaration of Daniel L. Keppler in Support of Reply to Support Receiver's Motion for Approval of Settlements with Davis Wright Tremaine LLP, K&L Gates LLP, and Thomson & Knight LLP and for Entry of Final Claim Bar. Filed by Michael Grassmueck. (Related document(s): Reply to Motion, [1868].) (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1869 Filed: 1/28/2011, Entered: 1/28/2011 Declaration
Second Declaration of Michael A. Grassmueck to Support Motion to Approve Settlements with (a) Davis Wright Tremaine LLP, (b) K&L Gates LLP; and (c) Thompson & Knight LLP. Filed by Michael Grassmueck. (Related document(s): Reply to Motion, [1868].) (Attachments: # (1) Exhibit Exhibits A-L, # (2) Exhibit Exhibits M-Z, # (3) Exhibit Exhibits AA, # (4) Exhibit Exhibit BB) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1868 Filed: 1/28/2011, Entered: 1/28/2011 reply to motion
Reply to Support Receiver's to Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars[1591] ORAL ARGUMENT requested. Filed by Michael Grassmueck. (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1867 Filed: 1/27/2011, Entered: 1/28/2011 Memorandum
Opposition to Approval of Final Claim Bar Order. Filed by Fourteen Hawthorne Gardens' Tenants in Common. (sln)
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Legal Document (Payment Possibly Required) 1866 Filed: 1/27/2011, Entered: 1/28/2011 Order on Motion - MiscellaneousCourt Filing
Stipulated Order re: Elshout's Bluffs at Northwoods, LLC and Kim's Bluffs at Northwoods, LLC's Motion for Relief from Order Pursuant to FRCP 60(b) [1789]. Exhibit A-3, p. 1 to the Order Establishing Allowed Amount of Claims (Docket No. 1761) is amended to reflect that Claims C2825 and C2823 are not allowed because the TIC's retained their interest in the Bluffs in lieu of their MIMO claims. Signed on 1/26/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1865 Filed: 1/28/2011, Entered: 1/28/2011 Mandate
MANDATE of USCA for the 9th Circuit re Notice of Appeal by Marvin Calhoun [954]. The notice of appeal is dismissed. (sln)
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Legal Document (Payment Possibly Required) 1864 Filed: 1/26/2011, Entered: 1/28/2011 USCA Order
Order from USCA for the 9th Circuit re Notice of Appeal by Marvin Calhoun [954]. We construe Marvin G. Calhouns motions filed on January 17, 2011, as apetition for panel rehearing, and as such, deny it. The mandate shall issue forthwith. No further filings shall be accepted in this closed case. (sln)
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Legal Document (Payment Possibly Required) 1863 Filed: 1/26/2011, Entered: 1/26/2011 Withdrawal of Attorney
Notice of Attorney Withdrawal: and Request for No Further Notice Filed by Zions First National Bank (Kelly, Adam)
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Legal Document (Payment Possibly Required) 1862 Filed: 1/25/2011, Entered: None Court Filing
ORDER: Denying Secured TICs' Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 1794 ; Denying Certain Smart Park 3 Investors' Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 1795 ; Denying Certain Hawthorne Gardens Investors' Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 1796 ; Denying Law Office of Paul R.J. Connolly, PC's Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760, Order 1761 1797 . Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 1/28/2011 (jw). (Entered: 01/26/2011)
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Legal Document (Payment Possibly Required) 1861 Filed: 1/25/2011, Entered: 1/26/2011 OrderCourt Filing
Order staying State Court actions. Signed on 1/25/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1860 Filed: 1/25/2011, Entered: 1/26/2011 Stipulated OrderCourt Filing
Stipulated Order Releasing any Third Party claims and Secured Creditor Third Party claims as to Bank of Whitman. Signed on 1/25/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1859 Filed: 1/26/2011, Entered: 1/26/2011 Request
Request for No Further Notice. Filed by Bruce Clibborn. (Adams, Ronald)
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Legal Document (Payment Possibly Required) 1858 Filed: 1/26/2011, Entered: 1/26/2011 Motion for Attorney Fees
Motion for Attorney Fees /Fifth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver, for the Period December 1, 2010 through December 31, 2010. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A) (Osias, David)
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Legal Document (Payment Possibly Required) 1857 Filed: 1/25/2011, Entered: None Court Filing
MINUTES of Proceedings: Hearing Held regarding Stipulated Proposed Form of Order filed by Bank of Whitman 1768 , Motion for Reconsideration, 1794 , Motion for Reconsideration, 1795 , Motion for Reconsideration, 1796 , Motion for Reconsideration, 1797 , and Motion for Stay of State Court Actions 1849 . Stipulated Proposed Form of Order filed by Bank of Whitman 1768 to be signed. Proposed Order as to Motion for Stay of State Court Actions 1849 to be signed. Motion for Reconsideration 1794 , Motion for Reconsideration 1795 , Motion for Reconsideration 1796 , and Motion for Reconsideration 1797 are taken under advisement. The Court declines to sign partial judgments requested by Mr. Connolly. Counsel Present: Jonathan Cohen (via telephone), Paul Connolly (via telephone), Kevin Jacoby (via telephone), Albert Kennedy, Merrilee MacLean (via telephone), Teresa Pearson, and David Zaro (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion for Reconsideration 1797 , Motion for Reconsideration 1794 , Motion for Reconsideration 1796 , Motion for Stay 1849 Motion for Reconsideration 1795 , Proposed Order 1768 .) (jw) (Entered: 01/26/2011)
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Legal Document (Payment Possibly Required) 1856 Filed: 1/25/2011, Entered: 1/25/2011 Proposed Form of Order or Judgment
Stipulated Proposed Form of Order Submitted Re Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Schleicher, Tara)
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Legal Document (Payment Possibly Required) 1855 Filed: 1/25/2011, Entered: 1/25/2011 Response in Opposition to Motion
Response in Opposition to Motion for Stay of State Court Actions[1849] Oral Argument requested. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1854 Filed: 1/25/2011, Entered: 1/25/2011 Reply
Reply in Support of Objections to Stipulated Order Releasing Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Related document(s): Objection, [1845].) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1853 Filed: 1/24/2011, Entered: 1/24/2011 Declaration
Declaration of Teresa H. Pearson in Support of Objections to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Bank of Whitman. (Related document(s): Reply[1852].) (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1852 Filed: 1/24/2011, Entered: 1/24/2011 Reply
Reply to Objections to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Bank of Whitman. (Related document(s): Objection, [1845].) (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1851 Filed: 1/24/2011, Entered: 1/24/2011 Supplement
Supplement to Motion to Reconsider or Clarify Order Overruling Certain Objections And/or Disallowing Certain Claims on Receivers Motion for Order Establishing Allowed Amounts for Claims. Filed by Certain Hawthorne Gardens Investors. (Related document(s): Motion for Reconsideration, [1796].) (Attachments: # (1) Proposed Document Partial Final Judgment FRCP 54(b)) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1850 Filed: 1/24/2011, Entered: 1/24/2011 Supplement
Supplement to Motion to Reconsider or Clarify Order Overruling Certain Objections And/or Disallowing Certain Claims on Receivers Motion for Order Establishing Allowed Amounts for Claims. Filed by Secured TICs. (Related document(s): Motion for Reconsideration, [1794].) (Attachments: # (1) Proposed Document Partial Final Judgment) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1849 Filed: 1/24/2011, Entered: 1/24/2011 Motion for Stay
Motion for Stay of State Court Actions. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1848 Filed: 1/21/2011, Entered: 1/24/2011 Order on Motion for Order to Show CauseCourt Filing
ORDER: Granting Motion for an Order to Show Cause [1778]. Magnolia's Oaks at Riverstone LLC, Magnolia Ventures, Inc., and David Schreiber (collectively "Magnolia") are found to be in civil contempt of the Court's orders adopting and implementing the Distribution Plan in this matter. Magnolia may purge themselves of the contempt by dismissing with prejudice the action pending in Dallas County, Texas. If the Texas Action has not been dismissed within 10 days of the entry of this Order, Magnolia shall appear before this Court on 2/9/11 for the Court to consider and impose further sanctions to remain in place until their contempt is purged as provided in this Order. Signed on 1/21/11 by U.S. District Judge Michael R. Hogan. (sln) Modified text on 1/27/2011 (jw).
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Legal Document (Payment Possibly Required) 1847 Filed: 1/21/2011, Entered: 1/21/2011 Declaration
Declaration of Donald Nelson in Support of Objections to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Related document(s): Objection, [1845].) (Attachments: # (1) Exhibit 1a, # (2) Exhibit 1b, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1846 Filed: 1/21/2011, Entered: 1/21/2011 Declaration
Declaration of Dean Porter in Support of Objections to Stipulated Order Releasing Any Third Party Claims And Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain 9th & Rose Investors. (Related document(s): Objection, [1845].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 1845 Filed: 1/21/2011, Entered: 1/21/2011 Objection
Objection(s) to Stipulated Order Releasing Any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Related document(s): Proposed Form of Order or Judgment[1768].) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1844 Filed: 1/21/2011, Entered: None Court Filing
ORDER: Granting Law Office of Paul R.J. Connolly, PC's Motion for Extension of Time to file Petition and Statement for Attorney Fees and Cost Bill. 1812 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/21/2011)
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Legal Document (Payment Possibly Required) 1843 Filed: 1/20/2011, Entered: 1/20/2011 Notice
Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., for Period September 1, 2010, through December 31, 2010 Filed by Unsecured Creditors Committee (Attachments: # (1) Exhibit September 2010 fees invoice, # (2) Exhibit October 2010 fees invoice, # (3) Exhibit November 2010 fees invoice, # (4) Exhibit December 2010 fees invoice, # (5) Exhibit invoice for costs September through December 2010, # (6) Proposed Order) (Elsaesser, Ford)
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Legal Document (Payment Possibly Required) 1842 Filed: 1/20/2011, Entered: None Court Filing
Order to Show Cause regarding distributions: Various matters concerning the settlement of claims against a number of third parties are set for hearing before this Court on February 9, 2011. In addition, there are funds that previously were required to be held back pending various claims objections or transactions, as well as funds that were paid to Stayton and/or the Receiver with regard to unsubscribed rollover equity. Following the Court's rulings on February 9,2011, after rulings on claims for professional fees; claims bars; and other relevant issues regarding said settlements; there will be substantial additional funds available for distribution. Therefore, all parties in interest in the above-related matter are hereby ORDERED TO SHOW CAUSE, if any they have, why this Court should not order that pending approval of said third party settlements, all funds there from available for distribution, as well as all funds released from holdbacks, and funds from sales of TrustCo assets, as well as funds received from Blackstone for the unsubscribed rollover shares, should not be distributed to all parties holding MIMO claims upon which either rollover shares or cash was distributed, including tenants-in-common (TICs), unsecured creditors, noteholders, preferred members and LLC Members who executed the LLC Settlement Member Value Election. Any party having objection to distribution being made in this manner shall file objection no later than February 4, 2011. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/20/2011)
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Legal Document (Payment Possibly Required) 1841 Filed: 1/20/2011, Entered: 1/20/2011 Notice
Notice re Motion for Order to Show Cause, [1778] NOTICE OF FILING PROPOSED ORDER OF CIVIL CONTEMPT AGAINST MAGNOLIA'S OAKS AT RIVERSTONE LLC; MAGNOLIA VENTURES, INC.; AND DAVID SCHREIBER Filed by Michael Grassmueck (Related document(s): Motion for Order to Show Cause, [1778].) (Attachments: # (1) Proposed Order of Civil Contempt Against Magnolia's Oaks at Riverstone LLC; Magnolia Ventures, Inc.; and David Schreiber) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1840 Filed: 1/19/2011, Entered: 1/19/2011 Declaration
Declaration of Stephen F. English in Support of Defendant Jon M. Harder's Response to Plaintiff Securities and Exchange Commission's Motion for Remedies. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response to Motion[1837].) (Attachments: # (1) Exhibit 1-10, # (2) Exhibit 11-17) (English, Stephen) Modified on 1/24/2011 added linkage to motion #1749 (sln).
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Legal Document (Payment Possibly Required) 1839 Filed: 1/19/2011, Entered: 1/19/2011 Declaration
Declaration of Jon Harder in Support of Defendant Harder's Response to Plaintiff Securities and Exchange Commission's Motion for Remedies. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response to Motion[1837].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2) (English, Stephen) Modified on 1/24/2011 added linkage to motion #1749 (sln).
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Legal Document (Payment Possibly Required) 1838 Filed: 1/19/2011, Entered: 1/19/2011 Declaration
Declaration of Michael J. Esler in Support of Harder Defendants' Response to Plaintiff Securities Exchange Commission's Motion for Remedies. Filed by Jon M. Harder, Kristin Harder. (Related document(s): Response to Motion[1837].) (English, Stephen) Modified on 1/24/2011 - added link to motion 1749 (sln).
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Legal Document (Payment Possibly Required) 1837 Filed: 1/19/2011, Entered: 1/19/2011 Response to Motion
Response of Defendant Jon M. Harder and Relief Defendant Kristin Harder to Motion for Remedies[1749] ORAL ARGUMENT requested. Filed by Jon M. Harder, Kristin Harder. (English, Stephen)
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Legal Document (Payment Possibly Required) 1836 Filed: 1/19/2011, Entered: 1/19/2011 Response to Motion
Response TIC Committee's Joinder Supporting SEC Request for Remedies from Defendants Jon and Kristin Harder to Motion for Remedies[1749]. Filed by Tenants in Common Committee. (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1835 Filed: 1/19/2011, Entered: 1/19/2011 Notice
Notice of Filing of First Post-Confirmation Application for Fees and Expenses by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, for Period August 6, 2010 through December 31, 2010 Filed by Bullivant Houser Bailey PC (English, Stephen)
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Legal Document (Payment Possibly Required) 1834 Filed: 1/19/2011, Entered: None Court Filing
ORDER: Granting Motion to File Overlength brief in opposition to SEC's Motion for Relief 1831 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/19/2011)
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Legal Document (Payment Possibly Required) 1833 Filed: 1/18/2011, Entered: 1/18/2011 Notice
Withdrawal of Claim No. C2085 Filed by Mary Jane Skalovsky (sln)
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Legal Document (Payment Possibly Required) 1832 Filed: 1/18/2011, Entered: 1/18/2011 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for December 2010 and Request for Approval and Payment of All Outstanding Expenses for the TIC Committee Counsel through December 31, 2010 Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A and B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1831 Filed: 1/18/2011, Entered: 1/18/2011 Motion to File Excess Pages
Unopposed Motion to File Excess Pages in Opposition to SEC's Motion for Relief, Docket No. 1749. Filed by Jon M. Harder, Kristin Harder. (VanSpeybroeck, David)
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Legal Document (Payment Possibly Required) 1830 Filed: 1/17/2011, Entered: 1/17/2011 Response to Motion
Response to Motion for Order[1798]. Filed by Marvin Calhoun. (Attachments: # (1) Attachment Appellate motion for relief, # (2) Exhibit 1-4-11 Letter from SEC, # (3) Exhibit 1-11-11 Letter from CP Bank, # (4) Exhibit 1-5-11 Letter from Certain HG TIC, # (5) Exhibit 1-3-11 Leter from J. Cosgrove, # (6) Exhibit 1-5-11 Letter from J. Cosgrove) (Calhoun, Marvin)
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Legal Document (Payment Possibly Required) 1829 Filed: 1/12/2011, Entered: None Court Filing
MINUTES of Proceedings: Telephone Hearing held regarding Joint Motion for Order to Show Cause Why the Court Should Not Issue an Order of Civil Contempt, Enjoin Prosecution of Texas Litigation, or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and David Schreiber. 1778 Ordered motion is granted. Mr. Walters to submit a proposed order. Stephen Walters present as counsel for receiver. Also present: Joseph Arellano, Thomas Boothe, Ford Elsaesser, Michael Esler, Daniel Keppler, Teresa Pearson, J. Mark Perrin, and Paul Raskin. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (jw) (Entered: 01/12/2011)
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Legal Document (Payment Possibly Required) 1828 Filed: 1/12/2011, Entered: 1/12/2011 Order on Motion - MiscellaneousCourt Filing
ORDER: Granting Receiver's Motion for Order extending deadline to 2/28/11 for commencing Third Party Claims and Avoidance Actions [1823]. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1827 Filed: 1/12/2011, Entered: 1/12/2011 Stipulated OrderCourt Filing
Stipulated Order regarding claims of SMI Group XV, LLC and Sigma Management, Inc. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1826 Filed: 1/12/2011, Entered: 1/12/2011 Order on Motion for Leave to Appear Pro Hac ViceCourt Filing
Order Granting Application for Special Admission Pro Hac Vice of Doug Perrin for Magnolia Ventures, Inc. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1825 Filed: 1/12/2011, Entered: 1/12/2011 Order on Motion for Leave to Appear Pro Hac ViceCourt Filing
Order Granting Application for Special Admission Pro Hac Vice of J. Mark Perrin for Magnolia Ventures, Inc. Signed on 1/12/11 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1824 Filed: 1/11/2011, Entered: 1/11/2011 Stipulation
Stipulation re Response to Motion[1686], Response to Motion[1688] Regarding Claims of SMI Group XV, LLC and Sigma Management, Inc. by SMI Group XV, LLC, Sigma Management, Inc.. Filed by SMI Group XV, LLC, Sigma Management, Inc.. (Walker, Laura)
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Legal Document (Payment Possibly Required) 1823 Filed: 1/11/2011, Entered: 1/11/2011, Terminated: 1/12/2011 MOTION - Miscellaneous
Motion of Receiver Michael Grassmueck for Order Further Extending Deadline for Commencing Third Party Claims and Avoidance Actions, Expedited Consideration Requested. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration of Francis N. Scollan, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1822 Filed: 1/11/2011, Entered: 1/11/2011 Response to Motion
Response Memorandum in Support of Response to Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and Davi[1778] Oral Argument requested. Filed by Magnolia Ventures, Inc.. (Boothe, Thomas)
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Legal Document (Payment Possibly Required) 1821 Filed: 1/11/2011, Entered: 1/11/2011 Motion for Leave to Appear Pro Hac Vice
Motion for Leave to Appear Pro Hac Vice Mark Perrin. Filed by Magnolia Ventures, Inc.. (Boothe, Thomas)
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Legal Document (Payment Possibly Required) 1820 Filed: 1/11/2011, Entered: 1/11/2011 Motion for Leave to Appear Pro Hac Vice
Motion for Leave to Appear Pro Hac Vice Doug Perrin. Filed by Magnolia Ventures, Inc.. (Boothe, Thomas)
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Legal Document (Payment Possibly Required) 1819 Filed: 1/11/2011, Entered: 1/11/2011 Attorney Appearance
Notice of Appearance of Thomas S. Boothe appearing on behalf of Magnolia Ventures, Inc. Filed by on behalf of Magnolia Ventures, Inc. (Boothe, Thomas)
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Legal Document (Payment Possibly Required) 1818 Filed: 1/11/2011, Entered: 1/11/2011 Notice
Notice of Transfer of Claim after Proof of Claim Filed (Beal Bank Nevada) (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1817 Filed: 1/10/2011, Entered: 1/10/2011 Notice
Notice of Second Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period October 1, 2010 Through December 31, 2010 Filed by Stewart Sokol & Gray LLC (Attachments: # (1) Attachment Certificate of Service) (Stewart, John)
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Legal Document (Payment Possibly Required) 1816 Filed: 1/6/2011, Entered: 1/10/2011 Declaration
Declaration of Russell B. Cosgrove in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Cosgrove's Hawthorne Gardens, LLC. (Related document(s): Motion for Order[1798].) (sln)
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Legal Document (Payment Possibly Required) 1815 Filed: 1/6/2011, Entered: 1/10/2011 Declaration
Declaration of Edwin Carey in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Cosgrove's Hawthorne Gardens, LLC. (Related document(s): Motion for Order[1798].) (sln)
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Legal Document (Payment Possibly Required) 1814 Filed: 1/6/2011, Entered: 1/10/2011 Declaration
Declaration of Samuel Mark Johns in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Cosgrove's Hawthorne Gardens, LLC. (Related document(s): Motion for Order[1798].) (sln)
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Legal Document (Payment Possibly Required) 1813 Filed: 1/10/2011, Entered: 1/10/2011 Certificate Of Service.
Certificate of Service by Thompson & Knight LLP of Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and Davi[1778] Filed by Thompson & Knight LLP. (Keppler, Daniel)
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Legal Document (Payment Possibly Required) 1812 Filed: 1/7/2011, Entered: 1/7/2011 Motion for Extension of Time
Motion for Extension of Time to file Petition and Statement for Attorney Fees and Cost Bill. Filed by Law Office of Paul R.J. Connolly, PC. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1811 Filed: 1/7/2011, Entered: 1/7/2011 Declaration
Declaration of Paul R.J. Connolly in Support of Petition and Statement for Attorney Fees and Cost Bill Submitted by the Law Office of Paul R.J. Connolly's Attorneys For Sunwest Investors/Third Party Claimants. Filed by Law Office of Paul R.J. Connolly, PC. (Related document(s): Motion for Attorney Fees, [1810].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1810 Filed: 1/7/2011, Entered: 1/7/2011 Motion for Attorney Fees
Motion for Attorney Fees Petition and Statement for Attorney Fees and Cost Bill Submitted by the Law Office of Paul R.J. Connolly's Attorneys For Sunwest Investors/Third Party Claimants. Filed by Law Office of Paul R.J. Connolly, PC. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1809 Filed: 1/7/2011, Entered: None Court Filing
ORDER: Granting Allen Matkins Leck Gamble Mallory & Natsis LLP's Motion to Withdraw First and Second Post-Confirmation Motions for Approval and Payment of Attorney's Fees to Allen Matkins Leck Gamble Mallory & Natsis LLP 1786 . Ordered Allen Matkins First Post-Confirmation Motion for Attorney Fees 1525 and Second Post-Confirmation Motion for Attorney Fees 1590 are withdrawn. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 1808 Filed: 1/7/2011, Entered: None Court Filing
Order regarding Notice of Final Fee Application of Schnader Harrison Segal & Lewis LLP 1495 was granted by Order #1107 in 09-6074-HO. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 1807 Filed: 1/7/2011, Entered: None Court Filing
ORDER: Motion Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC) 1482 and Amended Motion Final Motion for Attorney Fees (Clyde A. Hamstreet & Associates, LLC) 1720 are denied as moot as the motions were ruled on by Order #1864 in 09-6082-HO; Granting Pacific Northwest University of Health Sciences' Motion to Withdraw Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims 1785 . Ordered objections by Pacific Northwest University are moot and the claims are withdrawn. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 1806 Filed: 1/7/2011, Entered: None Court Filing
Order regarding Bluffs at Northwoods Motion for Relief from Order Pursuant to FRCP 60(b) 1789 Oral Argument is set for 1/25/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 1805 Filed: 1/7/2011, Entered: None Court Filing
Order regarding Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760 , Order 1761 1796 , Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760 , Order 1761 1795 , Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760 , Order 1761 1794 , Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order 1760 , Order 1761 1797 Oral Argument is set for 1/25/2011 at 01:30PM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 1804 Filed: 1/7/2011, Entered: None Court Filing
ORDER: Granting Certain Smart Park 3 TICs, Certain Smart Park 4 TICs and Certain 9th & Rose TICs Motion for Extension of Time 1793 . Objections to the Proposed Stipulated Order as to Bank of Whitman are due by 4pm on 1/24/11; Ordered Hearing on Proposed Stipulated Order Releasing any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman is reset from 1/12/11 to 1/25/2011 at 01:30PM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 1803 Filed: 1/6/2011, Entered: 1/6/2011 Motion for Attorney Fees
Motion for Attorney Fees /Fourth Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, as Counsel to the Receiver for the Period November 1, 2010 through November 30, 2010. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A) (Osias, David)
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Legal Document (Payment Possibly Required) 1802 Filed: 1/5/2011, Entered: 1/5/2011 Notice
Notice of First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Stewart Sokol & Gray LLC Filed by Stewart Sokol & Gray LLC (Attachments: # (1) Attachment Certificate of Service) (Stewart, John)
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Legal Document (Payment Possibly Required) 1801 Filed: 12/27/2010, Entered: 1/5/2011 Claim
Proof of Claim. Filed by Chaves County Treasurer, Roswell NM. (sln)
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Legal Document (Payment Possibly Required) 1800 Filed: 12/27/2010, Entered: 1/5/2011 Letter
Letters to the court regarding settlement. (sln)
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Legal Document (Payment Possibly Required) 1799 Filed: 1/3/2011, Entered: 1/5/2011 Declaration
Declaration of Russell B. Cosgrove in support of Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Russell Cosgrove. (Related document(s): Motion for Order[1798].) (sln) Modified text on 1/6/2011 (jw).
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Legal Document (Payment Possibly Required) 1798 Filed: 1/3/2011, Entered: 1/5/2011 Motion for Order
Notice of Motion and Motion for Findings of Fact, Conclusions of Law and entry of judgment against Marvin Calhoun. Filed by Russell Cosgrove. (sln)
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Legal Document (Payment Possibly Required) 1797 Filed: 1/4/2011, Entered: 1/4/2011 Motion for Reconsideration
Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order[1760], Order[1761]. Oral Argument requested. Filed by Law Office of Paul R.J. Connolly, PC. (Attachments: # (1) Proposed Order) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1796 Filed: 1/4/2011, Entered: 1/4/2011 Motion for Reconsideration
Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order[1760], Order[1761]. Oral Argument requested. Filed by Certain Hawthorne Gardens Investors. (Attachments: # (1) Proposed Order) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1795 Filed: 1/4/2011, Entered: 1/4/2011 Motion for Reconsideration
Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order[1760], Order[1761]. Oral Argument requested. Filed by Certain Smart Park 3 Investors. (Attachments: # (1) Proposed Order) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1794 Filed: 1/4/2011, Entered: 1/4/2011 Motion for Reconsideration
Motion for Reconsideration or Clarify Order Overruling Certain Objections and/or Disallowing Certain Claims on Receiver's Motion for Order Establishing Allowed Amounts for Claims of Order[1760], Order[1761]. Oral Argument requested. Filed by Secured TICs. (Attachments: # (1) Proposed Order) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1793 Filed: 1/3/2011, Entered: 1/3/2011 Motion for Extension of Time
Motion for Extension of Time TO FILE OBJECTIONS TO STIPULATED ORDER RELEASING ANY THIRD PARTY CLAIMS AND SECURED CREDITOR THIRD PARTY CLAIMS AS TO BANK OF WHITMAN AND MOTION TO RESET JANUARY 12, 2010 HEARING THEREON. Filed by Certain 9th & Rose Investors, Certain Smart Park 3 Investors, Certain Smart Park 4 Investors. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1792 Filed: 12/31/2010, Entered: 12/31/2010 Declaration
Declaration of Tara J. Schleicher in Support of Defendants' Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Motion - Miscellaneous[1789].) (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3) (Schleicher, Tara)
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Legal Document (Payment Possibly Required) 1791 Filed: 12/31/2010, Entered: 12/31/2010 Declaration
Declaration of Anthony Elshout in Support of Defendants' Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Motion - Miscellaneous[1789].) (Schleicher, Tara)
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Legal Document (Payment Possibly Required) 1790 Filed: 12/31/2010, Entered: 12/31/2010 Memorandum in Support of Motion
Memorandum in Support of Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Related document(s): Motion - Miscellaneous[1789].) (Schleicher, Tara)
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Legal Document (Payment Possibly Required) 1789 Filed: 12/31/2010, Entered: 12/31/2010 MOTION - Miscellaneous
Motion for Relief from Order Pursuant to FRCP 60(b). Filed by Elshout's Bluffs at Northwoods, LLC,, Kim's Bluffs at Northwoods, LLC,. (Schleicher, Tara)
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Legal Document (Payment Possibly Required) 1788 Filed: 12/30/2010, Entered: 12/30/2010 Motion for Attorney Fees
Motion for Attorney Fees /Revised First and Second Post-Confirmation Application and Third Post-Confirmation Application for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP, As Counsel to the Receiver. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Osias, David)
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Legal Document (Payment Possibly Required) 1787 Filed: 12/30/2010, Entered: 12/30/2010 USCA Order
Docketing Letter and Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal by Homesteads at Newtown [1776]. (sln)
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Legal Document (Payment Possibly Required) 1786 Filed: 12/30/2010, Entered: 12/30/2010 Motion to Withdraw
Motion to Withdraw First and Second Post-Confirmation Motions for Approval and Payment of Attorney's Fees to Allen Matkins Leck Gamble Mallory & Natsis LLP Motion for Attorney Fees[1590], Motion for Attorney Fees, [1525]. Filed by Michael Grassmueck. (Osias, David)
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Legal Document (Payment Possibly Required) 1785 Filed: 12/30/2010, Entered: 12/30/2010 Motion to Withdraw
Motion to Withdraw Withdrawal of Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims Response in Opposition to Motion[1647]. Filed by Pacific Northwest University of Health Sciences. (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1784 Filed: 12/30/2010, Entered: None Court Filing
Scheduling Order by U.S. District Judge Michael R. Hogan regarding Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures,Inc.; and David Schreiber 1778 , and Stipulated Proposed Order Releasing any Third Party Claims and Secured Creditor Third Party Claims as to Bank of Whitman 1768 Oral Argument is set for 1/12/2011 at 09:30AM by Telephone before U.S. District Judge Michael R. Hogan. Parties are directed to call the bridge line at 541-431-4045 password 1111, 5 minutes prior to hearing. (sln) (Entered: 12/30/2010)
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Legal Document (Payment Possibly Required) 1783 Filed: 12/29/2010, Entered: 12/29/2010 Order on Motion for OrderCourt Filing
ORDER: Granting Motion for Order approving Board of Managers of Sunwest Rollover Member LLC [1771]. Signed on 12/29/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1782 Filed: 12/29/2010, Entered: 12/29/2010 Declaration
Declaration of David N. Kitner. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, [1778].) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1781 Filed: 12/29/2010, Entered: 12/29/2010 Declaration
Declaration of Michael A. Grassmueck in Support of Motion for Order to Show Cause Against Magnolia Claimants. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, [1778].) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1780 Filed: 12/29/2010, Entered: 12/29/2010 Declaration
Declaration of Stephen S. Walters in Support of Motion for Order to Show Cause Against Magnolia Claimants. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, [1778].) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1779 Filed: 12/29/2010, Entered: 12/29/2010 Memorandum in Support
Memorandum in Support of Joint Motion for Order to Show Cause Why the Court Should Not Issue an Order of Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropraite Relief Against Magnolia's Oaks at Riverstone LLC; Magnolia Ventures, Inc.; and David Schreiber. Filed by Michael Grassmueck. (Related document(s): Motion for Order to Show Cause, [1778].) (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1778 Filed: 12/29/2010, Entered: 12/29/2010, Terminated: 1/21/2011 ~Motion for Order to Show Cause
Joint Motion for Order to Show Cause Why the Court Should Not Issue and Order of Civil Contempt, Enjoin Prosecution of Texas Litigation or Issue Other Appropriate Relief Against Magnolia's Oak at Riverstone LLC; Magnolia Ventures, Inc.; and David SChreiber. Filed by Michael Grassmueck. (Walters, Stephen)
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Legal Document (Payment Possibly Required) 1777 Filed: 12/29/2010, Entered: 12/29/2010 Representation Statement
Representation Statement re Notice of Appeal[1776]. Filed by Homesteads at Newtown TICs, 422 TIC Investor-Owners. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1776 Filed: 12/29/2010, Entered: 12/29/2010 Notice of Appeal
Notice of Appeal to the 9th Circuit from Order, [1709], Stipulated Order[1690]. Filed by Homesteads at Newtown TICs, 422 TIC Investor-Owners. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1775 Filed: 12/29/2010, Entered: None Court Filing
Order regarding SEC's Motion for Remedies from Jon M. Harder and relief defendant Kristin Harder 1749 . Response to the motion is due by 1/19/2011. Reply to the motion is due by 1/31/2011. Oral Argument is reset from 1/25/11 to 2/9/2011 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/29/2010)
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Legal Document (Payment Possibly Required) 1774 Filed: 12/28/2010, Entered: None Court Filing
Order regarding SEC's Motion for Remedies from Defendant Jon M. Harder and relief from defendant Kristen Harder 1749 , Oral Argument is set for 1/25/2011 at 11:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 1773 Filed: 12/28/2010, Entered: None Court Filing
ORDER: Granting Application for Final Professional Compensation (Tonkon Torp LLP) Filed on Behalf of Thomas F. Biesiadecki 1483 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 1772 Filed: 12/28/2010, Entered: None Court Filing
ORDER: Granting Zions First National Bank Motion to Substitute an Attorney 1767 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/28/2010)
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Legal Document (Payment Possibly Required) 1771 Filed: 12/28/2010, Entered: 12/28/2010, Terminated: 12/29/2010 Motion for Order
Motion for Order Approving Board of Managers of Sunwest Rollover Member, LLC. EXPEDITED CONSIDERATION requested. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Proposed Order) (Zaro, David)
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Legal Document (Payment Possibly Required) 1770 Filed: 12/23/2010, Entered: 12/23/2010 Notice
Notice re Proposed Form of Order or Judgment[1768] NOTICE OF INTENT TO FILE OBJECTIONS TO STIPULATED ORDER RELEASEING ANY THIRD PARTY CLAIMS AND SECURED CREDITOR THIRD PARTY CLAIMS AS TO BANK OF WHITMAN Filed by Certain Smart Park 3 Investors, Certain 9th & Rose Investors, Certain Smart Park 4 Investors, 422 TIC Investor-Owners (Related document(s): Proposed Form of Order or Judgment[1768].) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1769 Filed: 12/22/2010, Entered: 12/22/2010 Motion to Withdraw
Motion to Withdraw Withdrawal of Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims and Withdrawal of Claims Response to Motion[1644]. Filed by Bank of Whitman. (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1768 Filed: 12/22/2010, Entered: 12/22/2010 Proposed Form of Order or Judgment
Stipulated Proposed Form of Order Submitted. Filed by Bank of Whitman. (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1767 Filed: 12/22/2010, Entered: 12/22/2010 Motion to Withdraw/Substitute Attorney
Motion to Withdraw or Substitute an Attorney. Filed by Zions First National Bank. (Baroway, Richard)
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Legal Document (Payment Possibly Required) 1766 Filed: 12/17/2010, Entered: None Court Filing
MINUTES of Proceedings: Settlement Conference held on 12/17/2010. U.S. District Judge Michael R. Hogan presiding. (jw) (Entered: 12/21/2010)
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Legal Document (Payment Possibly Required) 1765 Filed: 12/21/2010, Entered: None Court Filing
Order clarifying Court's Order 1742 that the approved amount $338,954.92 is payment for Notice of Fee Application for Approval and Payment of Fees of Karr Tuttle Campbell for Counsel for TIC Committee for Period From February, 2009 through August 5, 2010 and Request for Reimbursement of Expenses of TIC Committee Members 1452 and payment of Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for August 1563 and September 1595 not for October 2010 1708 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/21/2010)
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Legal Document (Payment Possibly Required) 1764 Filed: 12/20/2010, Entered: 12/20/2010 Notice
Notice re Notice[1763] Affidavit Of Gary I. Grenley In Support Of Petition And Statement For Attorney Fees And Cost Bill Submitted By Grenley Attorneys For Sunwest Investors/Third-Party Claimants Filed by Sunwest Investors/Third-Party Claimants (Related document(s): Notice[1763].) (Attachments: # (1) Exhibit Exhibit 1 to Grenley Affidavit, # (2) Exhibit Exhibit 2 to Grenley Affidavit) (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1763 Filed: 12/20/2010, Entered: 12/20/2010 Notice
Notice Petition And Statement For Attorney Fees And Cost Bill Submitted By Grenley Attorneys for Sunwest Investors/Third-Party Claimants Filed by Sunwest Investors/Third-Party Claimants (Grenley, Gary)
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Legal Document (Payment Possibly Required) 1762 Filed: 12/17/2010, Entered: 12/17/2010 Request
Request for No Further Notice. Filed by Kelly Cicero, Harry Drought, Thomas Elliott, Marion Foster, Tammie L. Foster, Yvonne Hauck, Joseph Kurka, Michael Smee, Dan Whitaker, Helen Whitaker, Whitaker Family Limited Partnership, John Wilkinson, Richard Wilson, Dolf de Vos, Gay Lin de Vos, Mark de Vos, Pieter de vos. (Carusone, Judson)
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Legal Document (Payment Possibly Required) 1761 Filed: 12/17/2010, Entered: 12/17/2010 OrderCourt Filing
Order granting Receiver's motion for order establishing allowed amounts for claims. Signed on 12/16/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1760 Filed: 12/17/2010, Entered: 12/17/2010 OrderCourt Filing
Order overruling certain objections and/or disallowing certain claims on receiver's motion for order establishing allowed amounts for claims. Signed on 12/16/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1759 Filed: 12/16/2010, Entered: 12/16/2010 Notice
Notice and First Post-Confirmation Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
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Legal Document (Payment Possibly Required) 1758 Filed: 12/16/2010, Entered: 12/16/2010 Notice
Notice and Fourth Post-Confirmation Application for Payment of Attorney's Fees (Thornton Byron, LLP) Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
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Legal Document (Payment Possibly Required) 1757 Filed: 12/16/2010, Entered: None Court Filing
Order Application for Payment of Compensation of Holdbacks and Previously Denied Compensation Filed by Grove, Mueller & Swank, P.C. 1490 is denied without prejudice to be revisited at the conclusion of the pending litigation in Civil 10-650-HO. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 1756 Filed: 12/16/2010, Entered: None Court Filing
ORDER: Granting Motion for Attorney Fees Second Application for Professional Compensation of Receiver's former Local/Conflicts Counsel Gartland, Nelson, McCleery, Wade & Walloch, P.C. 1420 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $6,130.08. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/21/2010 (jw). (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 1755 Filed: 12/16/2010, Entered: None Court Filing
Order granting Ninth Notice and Application of Financial Forensics for Payment of Fees and Expenses as Forensic Accountants to Receiver and Request for Payment of Holdbacks 1502 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $86,105.09. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 1754 Filed: 12/16/2010, Entered: None Court Filing
Order granting Notice and Final Application for Payment of Accountant's Fees (Mack Roberts & Company, LLC 1462 which contains applications #s 1015, 1083, 1379 & 1443. The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $25,652.50 Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 1753 Filed: 12/16/2010, Entered: None Court Filing
Order granting Application 1421 and Notice of Filing of Final Application for Compensation and Expenses Reimbursement For Billing Statement of Stewart Sokol & Gray, LLC 1439 . The Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $102,108.07. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/16/2010)
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Legal Document (Payment Possibly Required) 1752 Filed: 12/15/2010, Entered: 12/15/2010 Declaration
Declaration of Esler in Support of Motion for Remedies. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous[1749].) (Liftik, Michael)
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Legal Document (Payment Possibly Required) 1751 Filed: 12/15/2010, Entered: 12/15/2010 Declaration
Declaration of Grassmueck in Support of Motion for Remedies. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous[1749].) (Attachments: # (1) Exhibit 1) (Liftik, Michael)
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Legal Document (Payment Possibly Required) 1750 Filed: 12/15/2010, Entered: 12/15/2010 Memorandum in Support of Motion
Memorandum in Support of Motion for Remedies. Filed by Securities and Exchange Commission. (Related document(s): Motion - Miscellaneous[1749].) (Liftik, Michael)
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Legal Document (Payment Possibly Required) 1749 Filed: 12/15/2010, Entered: 12/15/2010 MOTION - Miscellaneous
Motion for Remedies. Oral Argument requested. Filed by Securities and Exchange Commission. (Liftik, Michael)
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Legal Document (Payment Possibly Required) 1748 Filed: 12/15/2010, Entered: 12/15/2010 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for November 2010 Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A and B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1747 Filed: 12/14/2010, Entered: None Court Filing
Order approving Application 1447 and Final Application for Payment of Tax Counsel's Fees (Thornton Byron, LLP) 1459 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $38,757.00 for work to date. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/15/2010 (sln). (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1746 Filed: 12/14/2010, Entered: None Court Filing
ORDER: Granting Motion Ninth Interim Application for Professional Compensation of Receiver Michael A. Grassmueck for the Period July 1, 2010 Through August 5, 2010 1477 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Michael A. Grassmueck $275, Geoff Winkler $175, John Hall $150, Rachael McIvor $110, Neysa Gudger $50, Sophia Thomas $50, Amber Rivetti $110, Frank Yost, $110, Michell Levack $50, Bilegee Zundui-Osor $65, Kathleen Peters $65, Timothy Savich $65, Erin Lane $175, Michele Bradley $135, Katie Larsen $50, Dean Slater $50, Andrew Alldridge $65, Nicole Colmenero $65, Jenna Huffman $65, Cheryl Taylor $65, Heather Crumbaker $65, Anat Levinger $65, Loretta Johnson $65, Colleen Rushton $65, Amal Naik $65, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, to pay 100% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1745 Filed: 12/14/2010, Entered: None Court Filing
ORDER: Granting Motion for Attorney Fees (Greene & Markley, P.C.) 1478 . Greene & Markley is authorized to apply the retainer to the fees in the amount of $44,793.74. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1744 Filed: 12/14/2010, Entered: None Court Filing
Order approving Notice and Application for Compensation for Foster Pepper for Hermiston Terrace Assisted Living 1500 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $92,500.00. Ordered by U.S. District Judge Michael R. Hogan. (sln) Modified text on 12/21/2010 (jw). (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1743 Filed: 12/14/2010, Entered: None Court Filing
Order approving Notice and Application for Compensation and Expenses for Billing Statement of Foster Pepper PLLC for Lone Star Committee 1498 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $162,724.71 for all work to date. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1742 Filed: 12/14/2010, Entered: None Court Filing
Order approving Notice of Fee Application for Approval and Payment of Fees of Karr Tuttle Campbell for Counsel for TIC Committee for Period From February, 2009 through August 5, 2010 and Request for Reimbursement of Expenses of TIC Committee Members 1452 and Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for October 2010 1708 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final applications in the amount of $338,954.92. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1741 Filed: 12/14/2010, Entered: None Court Filing
Order approving Notice of Filing of Billing Statement and 4th Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust, 1441 and Final Application for Professional Compensation by Bullivant Houser Bailey PC, Special Mediation Counsel for Sunwest Litigation Trust 1485 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $78,453.80. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1740 Filed: 12/14/2010, Entered: None Court Filing
Order approving Final Interim Application for Compensation and Expenses Reimbursement for Billing Statements of Winston & Cashatt and Stewart, Sokol & Gray, LLC 1455 and Notice of First Post-Confirmation Application for Compensation and Expenses Reimbursement for Billing Statement of Winston & Cashatt and Stewart, Sokol & Gray, LLC for Period of August 6, 2010 Through September 30, 2010 1588 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $64,632.75 for Winston & Cashatt and $78,810.75 for Stewart, Sokol & Gray, LLC. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1739 Filed: 12/14/2010, Entered: None Court Filing
Order approving Final Application for Compensation of 20% Holdback Amounts of Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd., 1474 which includes Fee Notices 1442 & 1449 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $303,793.70. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1738 Filed: 12/14/2010, Entered: None Court Filing
ORDER: Granting Application for Final Professional Compensation (Tonkon Torp LLP) 1479 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $278,930.70. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/14/2010)
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Legal Document (Payment Possibly Required) 1737 Filed: 12/13/2010, Entered: 12/14/2010 OrderCourt Filing
Order approving Interim Distribution regarding Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution [1730]. Signed on 12/13/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1736 Filed: 12/10/2010, Entered: None Court Filing
MINUTES of Proceedings: Show Cause Hearing held. Motion Hearing Held regarding Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution 1730 . Ordered motion is GRANTED, except as to 3rd party claims, which will be heard at a later date. Counsel present: Richard Anderson (via telephone), David Criswell (via telephone), Albert Kennedy, Robert LaPowsky (via telephone), Merrilee MacLean (via telephone), Teresa Pearson, Francis Scollan (via telephone), and Laura Walker (via telephone). Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related document: Motion 1730 .) (jw) (Entered: 12/10/2010)
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Legal Document (Payment Possibly Required) 1735 Filed: 12/10/2010, Entered: 12/10/2010 Proposed Form of Order or Judgment
Proposed Form of Order Submitted ORDER OVERRULING CERTAIN OBJECTIONS AND/OR DISALLOWING CERTAIN CLAIMS ON RECEIVERS MOTION FOR ORDER ESTABLISHING ALLOWED AMOUNTS FOR CLAIMS. Filed by Michael Grassmueck. (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1734 Filed: 12/10/2010, Entered: 12/10/2010 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Granting Receiver's Motion for Order Establishing Allowed Amounts for Claims. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1733 Filed: 12/10/2010, Entered: 12/10/2010 Transcript of ProceedingsCourt Filing
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 11/29/2010 before Judge Michael R. Hogan, Court Reporter Deborah Wilhelm, telephone number (541) 431-4113. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/20/2010. Redaction Request due 1/6/2011. Redacted Transcript Deadline set for 1/13/2011. Release of Transcript Restriction set for 3/14/2011. (Wilhelm, Deb)
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Legal Document (Payment Possibly Required) 1732 Filed: 12/6/2010, Entered: None Court Filing
Order regarding Receiver's Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution 1730 Oral Argument is set for 12/10/2010 at 02:00PM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/06/2010)
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Legal Document (Payment Possibly Required) 1731 Filed: 12/6/2010, Entered: None Court Filing
ORDER: Granting Final Application Pursuant to Court Order Dated August 10, 2010 for Approval and Payment of Professional Compensation to Allen Matkins Leck Gamble Mallory & Natsis LLP 1488 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $665,582.34. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/06/2010)
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Legal Document (Payment Possibly Required) 1730 Filed: 12/6/2010, Entered: 12/6/2010 MOTION - Miscellaneous
Motion for Approval of Interim Distributions Pursuant to the Plan of Reorganization and Plan of Distribution. Filed by Michael Grassmueck. (Attachments: # (1) Memorandum of Points & Authorities, # (2) Declaration of Receiver Michael Grassmueck, # (3) Proposed Order) (Scollan, Francis)
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Legal Document (Payment Possibly Required) 1729 Filed: 12/6/2010, Entered: None Court Filing
Scheduling Order by U.S. District Judge Michael R. Hogan. Show Cause Hearing in 09-6082-HO #1840 regarding professional fee applications is reset from 01:30 PM to 02:00 PM on 12/10/2010 in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (jw) (Entered: 12/06/2010)
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Legal Document (Payment Possibly Required) 1728 Filed: 12/3/2010, Entered: None Court Filing
ORDER: Granting Application for Final Professional Compensation (Luce, Forward, Hamilton & Scripps LLP) 1480 . This Court approves and authorizes the professional fees submitted to the extent that professional fees are allowed for the hours requested at the following rates: Darryl Steinhause $450, Daniel Titelbaum $450, Mark Mann $450, Phillip Jelsma $450, Robert Buell $450, Jerome Grossman $450, Jeremy Crickard $380, Diana L. Donabedian $355, Amy Giannamore $345, Kurt Oreshack $285, Kirsten Solberg $275, Cortney L. Scott $260, Logan Fairfax $255 Monique Tayyab $245, Antonia Lopes $100, Michael Andrew $450, Michael A. Isaacs $450, Howard L. Armstrong $380, and orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities, to pay final application of 100% of the fees and 100% of the requested expenses. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1727 Filed: 12/3/2010, Entered: None Court Filing
Order Amending Court's Order 1726 to read: Order granting Application for Payment of Attorneys Fees and Expenses for Perkins Coie 1453 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $207,462.50 for all work to date, No further fee petitions will be allowed. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1726 Filed: 12/3/2010, Entered: None Court Filing
Order granting Application for Payment of Attorneys Fees and Expenses for Perkins Coie 1453 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $207,462.50. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1725 Filed: 12/3/2010, Entered: None Court Filing
ORDER: Granting Final Application for Professional Compensation of Larkins Vacura LLP 1470 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $47,500.00. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1724 Filed: 12/3/2010, Entered: None Court Filing
Order granting Application for Payment of Attorney Fees for Stoll Berne filed by David Thurber 1472 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the amount of $17,862.31 full and final payment including all work to date. No further fee applications will be allowed. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1723 Filed: 12/3/2010, Entered: None Court Filing
Order granting Application for Payment of Attorney's Fees (Vanden Bos & Chapman, LLP) 1438 and 1465 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final applications in the amount of $96,837.18. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1722 Filed: 12/3/2010, Entered: None Court Filing
Order granting Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher 1436 and 1467 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the final application in the amount of $55,412.63. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/03/2010)
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Legal Document (Payment Possibly Required) 1721 Filed: 12/2/2010, Entered: 12/3/2010 Stipulated OrderCourt Filing
Stipulated Order setting allowed claim amount of Beal Bank Nevada. Signed on 12/2/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1720 Filed: 12/3/2010, Entered: 12/3/2010 Motion for Attorney Fees
Amended Motion for Attorney Fees (Final Application). Filed by Clyde A. Hamstreet CRO. (Foraker, David)
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Legal Document (Payment Possibly Required) 1719 Filed: 12/2/2010, Entered: None Court Filing
Order Amending Court's Order 1718 to read "granting Ogden Murphy Wallace, PLLC's Notice of Filing of Billing Statement and Second Application for Compensation for the Period November 25, 2009 Through July 31, 2010, 1425 and Notice Final Application for Professional Compensation by Ogden Murphy Wallace, PLLC, Counsel for Relief Defendant Kristin Harder 1487 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the amount of $106,900.00, includes $10,000.00 for work in progress. In full satisfaction of any fees and costs for future work. Ordered by U.S. District Judge Michael R. Hogan". Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/02/2010)
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Legal Document (Payment Possibly Required) 1718 Filed: 12/2/2010, Entered: None Court Filing
Order granting Ogden Murphy Wallace, PLLC's Notice of Filing of Billing Statement and Second Application for Compensation for the Period November 25, 2009 Through July 31, 2010, 1425 and Notice Final Application for Professional Compensation by Ogden Murphy Wallace, PLLC, Counsel for Relief Defendant Kristin Harder 1487 to the extent that the Court orders Clyde A. Hamstreet, as Chief Restructuring Officer of the Receivership Entities to pay the amount of $106,900.00. In addition the court will pay $10,00.00 for work in progress. In full satisfaction of any fees and costs for future work. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/02/2010)
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Legal Document (Payment Possibly Required) 1717 Filed: 12/1/2010, Entered: 12/1/2010 Proposed Form of Order or Judgment
Proposed Form of Order Submitted Stipulated Order Setting Allowed Claim Amount of Beal Bank Nevada. (Pearson, Teresa)
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Legal Document (Payment Possibly Required) 1716 Filed: 12/1/2010, Entered: None Court Filing
Order regarding Receiver's Motion for Settlement Approval with Davis Wright Tremaine, LLP, K&L Gates LLP, and Thompson & Knight LLP and for Entry of Final Claims Bars 1591 Oral Argument is RESET from 2/4/11 to 2/9/2011 at 10:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/01/2010)
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Legal Document (Payment Possibly Required) 1715 Filed: 12/1/2010, Entered: None Court Filing
Scheduling Order by U.S. District Judge Michael R. Hogan Order vacating Show Cause hearing as to Sterling Bank set for 12/14/10. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/01/2010)
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Legal Document (Payment Possibly Required) 1714 Filed: 12/1/2010, Entered: 12/1/2010 OrderCourt Filing
Order re: Motion for Order to Show Cause why an Order of Civil Contempt should not be entered against Sterling Savings Bank. Ordered that Sterling shall dismiss the Sterling case against the Fishers with prejudice and without fees or costs to the Fishers within 14 days of entry of this order. Signed on 12/1/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1713 Filed: 11/29/2010, Entered: 12/1/2010 OrderCourt Filing
Order limiting notice of and granting Motion for Settlement with certain Crown Pointe TIC Investors [1601]. Signed on 11/29/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1712 Filed: 11/29/2010, Entered: 12/1/2010 OrderCourt Filing
Order limiting notice of and Granting Motion for Settlement with certain Waterford TIC Investors [1601]. Signed on 11/29/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1711 Filed: 12/1/2010, Entered: 12/1/2010 Notice
Notice and Fourth Post-Confirmation Application for Payment of Vanden Bos & Chapman, LLP Pursuant to CRO Agreement and Court Order Filed by Darryl E. Fisher (Vanden Bos, Robert)
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Legal Document (Payment Possibly Required) 1710 Filed: 12/1/2010, Entered: None Court Filing
ORDER: Granting Lund's and Stawinski's Motion to Withdraw precautionary objection to Receiver's Motion for order Establishing allowed amounts for claim 1701 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 12/01/2010)
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Legal Document (Payment Possibly Required) 1709 Filed: 11/30/2010, Entered: None Court Filing
Order denying Homesteads at Newtown TICS Motion For Relief from, or in the Alternative to Amend or Clarify Stipulated Order Releasing Any Third Party Claims and Secured Party Claims as to GE Capital Corporation and GE Financial Services, Inc 1690 1703 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 11/30/2010)
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Legal Document (Payment Possibly Required) 1708 Filed: 11/30/2010, Entered: 11/30/2010 Notice
Notice of Filing Post Confirmation Billing Statements and Application for Payment of Fees of Karr Tuttle Campbell for October 2010 Filed by Tenants in Common Committee (Attachments: # (1) Exhibit A-B) (MacLean, Merrilee)
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Legal Document (Payment Possibly Required) 1707 Filed: 11/29/2010, Entered: 11/29/2010 Notice
Notice and First, Second, and Third Post-Confirmation Application for Payment of Attorneys' Fees Pursuant to CRO Agreement and Court Order Filed by J. Wallace Gutzler (Johnson, Thomas)
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Legal Document (Payment Possibly Required) 1706 Filed: 11/29/2010, Entered: None Court Filing
Scheduling Order by U.S. District Judge Michael R. Hogan regarding the Court's Order to Show Cause in 09-6082-HO #1840 regarding professional fee applications. The deadline for the Responses to the Orders to Show Cause is ADVANCED from 12/10/10 to no later than DECEMBER 7, 2010. Show Cause Hearing is ADVANCED from 12/13/10 to 12/10/2010 at 01:30PM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 11/29/2010)
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Legal Document (Payment Possibly Required) 1705 Filed: 11/29/2010, Entered: None Court Filing
MINUTES of Proceedings: Motion Hearing Held regarding Motion for an Order Establishing Allowed Amounts for Claims 1611 , Motion to Set Aside 1703 , and Motion for Settlement 1601 . Subject to orders issued in court, Motion for an Order Establishing Allowed Amounts for Claims 1611 is GRANTED. Motion for Settlement 1601 is GRANTED as to Waterford, and taken under advisement as to Crown Pointe. Motion to Set Aside 1703 is taken under advisemenet. Counsel present: Richard Anderson, Barry Caplan, Jonathan Cohen, Paul Connolly, Timothy Conway (via telephone), David Criswell (via telephone), Ford Elsaesser (via telephone), Paul George, Brian Greer (via telephone), Barry Groce, George Hollister (via telephone), Kathleen Hopkins (via telephone), Nancy Isserlis (via telephone), Kevin Jacoby, Christine Kosydar (via telephone), Sanford Landress (via telephone), Merrilee MacLean (via telephone), Teresa Pearson, Irina Petrova (via telephone), Erik Quarfordt (via telephone), Patrick Risken (via telephone), Tyler Staggs, Patrick Wade, Laura Walker (via telephone), and David Zaro. Court Reporter: Deb Wilhelm. U.S. District Judge Michael R. Hogan presiding. (Related documents: Motion 1611 , Motion to Set Aside 1703 , Motion for Settlement 1601 .) (jw) (Entered: 11/29/2010)
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Legal Document (Payment Possibly Required) 1704 Filed: 11/27/2010, Entered: 11/27/2010 Declaration
Declaration of Kevin J. Jacoby in Support of Motion for Relief From, or in the Alternative to Amend or Clarify, Stipulated Order as to GE Capital. Filed by Homesteads at Newtown TICs. (Related document(s): Motion to Set Aside, [1703].) (Attachments: # (1) Exhibit 1, # (2) Errata 2) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1703 Filed: 11/27/2010, Entered: 11/27/2010 Motion to Set Aside
Motion to Set Aside For Relief from, or in the Alternative to Amend or Clarify Stipulated Order Releasing Any Third Party Claims and Secured Party Claims as to GE Capital Stipulated Order[1690]. Oral Argument requested. Filed by Homesteads at Newtown TICs. (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1702 Filed: 11/24/2010, Entered: 11/24/2010 reply to motion
Reply Supplement to Objection to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Certain Hawthorne Gardens Investors. (Attachments: # (1) Attachment, # (2) Attachment) (Connolly, Paul)
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Legal Document (Payment Possibly Required) 1701 Filed: 11/24/2010, Entered: 11/24/2010 Motion to Withdraw
Motion to Withdraw Response in Opposition to Motion[1695]. Filed by Victor Lund, Walter Stawinski. (Dean, David)
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Legal Document (Payment Possibly Required) 1700 Filed: 11/24/2010, Entered: 11/24/2010 reply to motion
Reply in Support of and in Response to Objections and Oppositions to Motion for an Order Establishing Allowed Amounts for Claims[1611] ORAL ARGUMENT requested. Filed by Michael Grassmueck. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D) (Zaro, David)
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Legal Document (Payment Possibly Required) 1699 Filed: 11/24/2010, Entered: None Court Filing
Order: Counsel are referred to Order #1840 entered 11/24/2010, in Civil No. 09-6082-HO. Ordered by U.S. District Judge Michael R. Hogan. (cw) (Entered: 11/24/2010)
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Legal Document (Payment Possibly Required) 1698 Filed: 11/24/2010, Entered: 11/24/2010 reply to motion
Reply Response to Catha Bank's Objection to to Motion for Settlement and Motion to Limit Notice Thereof[1601]. Filed by Crown Pointe Investors. (Attachments: # (1) Exhibit A, # (2) Proposed Order) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1697 Filed: 11/24/2010, Entered: 11/24/2010 Request
Request for appearance by telephone for November 29, 2010 at 9:00 a.m. Hearing. Filed by Cathay Bank. (Kosydar, Christine)
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Legal Document (Payment Possibly Required) 1696 Filed: 11/24/2010, Entered: 11/24/2010 Declaration
Declaration of David E. Dean. Filed by Victor Lund, Walter Stawinski. (Related document(s): Response in Opposition to Motion[1695].) (Dean, David)
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Legal Document (Payment Possibly Required) 1695 Filed: 11/24/2010, Entered: 11/24/2010 Response in Opposition to Motion
Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Victor Lund, Walter Stawinski. (Dean, David)
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Legal Document (Payment Possibly Required) 1694 Filed: 11/24/2010, Entered: 11/24/2010 reply to motion
Reply Response to Cathay Bank's Objection to Motion for Settlement and Motion to Limit Notice Thereof[1601]. Filed by Waterford in Bellevue TIC Investors. (Attachments: # (1) Exhibit A, # (2) Proposed Order) (Jacoby, Kevin)
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Legal Document (Payment Possibly Required) 1693 Filed: 11/24/2010, Entered: 11/24/2010 Attorney Appearance
Notice of Appearance of Barry P. Caplan appearing on behalf of MTS Health partners, L.P. Filed by on behalf of MTS Health partners, L.P. (Caplan, Barry)
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Legal Document (Payment Possibly Required) 1692 Filed: 11/24/2010, Entered: 11/24/2010 Stipulated OrderCourt Filing
Stipulated Order Concerning Swap Obligations. Signed on 11/23/2010 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 1691 Filed: 11/24/2010, Entered: 11/24/2010 OrderCourt Filing
Order Setting Allowed Claim Amount of Claims of GE Business Financial Services, Inc. Signed on 11/23/2010 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 1690 Filed: 11/24/2010, Entered: 11/24/2010 Stipulated OrderCourt Filing
Stipulated Order Releasing any Third Party Claims and Secured Creditor Third Party Claims as to General Electric Capital Corporation and GE Business Financial Services, Inc. Signed on 11/23/2010 by U.S. District Judge Michael R. Hogan. (jw)
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Legal Document (Payment Possibly Required) 1689 Filed: 11/23/2010, Entered: 11/23/2010 Affidavit in Opposition to Motion
Affidavit in Opposition Declaration of Laura J. Walker to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Sigma Management, Inc.. (Walker, Laura)
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Legal Document (Payment Possibly Required) 1688 Filed: 11/23/2010, Entered: 11/23/2010 Response to Motion
Response Objection of Sigma Management, Inc. to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Sigma Management, Inc.. (Walker, Laura)
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Legal Document (Payment Possibly Required) 1687 Filed: 11/23/2010, Entered: 11/23/2010 Affidavit in Opposition to Motion
Affidavit in Opposition Declaration of Laura J..Walker to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by SMI Group XV, LLC. (Walker, Laura) Modified filer on 12/1/2010 (sln).
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Legal Document (Payment Possibly Required) 1686 Filed: 11/23/2010, Entered: 11/23/2010 Response to Motion
Response Objection of SMI Group XV, LLC to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by SMI Group XV, LLC. (Walker, Laura) Modified filer on 12/1/2010 (sln).
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Legal Document (Payment Possibly Required) 1685 Filed: 11/23/2010, Entered: 11/23/2010 Response to Motion
Response to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Margo Brooke Chilles, Karen Blake Davies, Michael DeShane, Joe E. Nielsen, Scott C. Nielsen, Erin L. Reamer. (George, Paul)
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Legal Document (Payment Possibly Required) 1684 Filed: 11/23/2010, Entered: 11/23/2010 Declaration
Declaration of Jay Andrew Shiland. Filed by MTS Health partners, L.P.. (Related document(s): Response in Opposition to Motion[1683].) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H) (Caplan, Barry)
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Legal Document (Payment Possibly Required) 1683 Filed: 11/23/2010, Entered: 11/23/2010 Response in Opposition to Motion
Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by MTS Health partners, L.P.. (Caplan, Barry)
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Legal Document (Payment Possibly Required) 1682 Filed: 11/23/2010, Entered: 11/23/2010 Response to Motion
Response to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Vestin Fund III, LLC, Vestin Mortgage I, Inc., Vestin Realty Mortgage II, Inc.. (George, Paul)
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Legal Document (Payment Possibly Required) 1681 Filed: 11/23/2010, Entered: 11/23/2010 Response to Motion
Response to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Sovereign Bank. (George, Paul)
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Legal Document (Payment Possibly Required) 1680 Filed: 11/23/2010, Entered: None Court Filing
Order regarding Crown Pointe and Waterford TIC Investors' Motion for Settlement and Motion to Limit Notice Thereof 1601 Oral Argument is set for 11/29/2010 at 09:00AM in Eugene, Courtroom 1 before U.S. District Judge Michael R. Hogan. (sln) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 1679 Filed: 11/23/2010, Entered: None Court Filing
ORDER: Granting Sterling Savings Bank's Motion to Withdraw Precautionary Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims Objection 1678 . Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 1678 Filed: 11/23/2010, Entered: 11/23/2010 Motion to Withdraw
Motion to Withdraw Precautionary Objection to Receiver's Motion for Order Establishing Allowed Amounts for Claims Objection[1628]. Filed by Sterling Savings Bank. (Landress, Sanford)
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Legal Document (Payment Possibly Required) 1677 Filed: 11/23/2010, Entered: 11/23/2010 Response to Motion
Objection to Motion for an Order Establishing Allowed Amounts for Claims [1611]. Filed by Russell Cosgrove. (sln)
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Legal Document (Payment Possibly Required) 1676 Filed: 11/23/2010, Entered: 11/23/2010 OrderCourt Filing
Order of mediation - the matter of Sherri Corum v. Roswell Senior Living, LLC (New Mexico Santa Fe County Case No. CV-07-1307) is order to mediation before Judge Lyle Velure to be conducted within 90 days of the date of this order. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1675 Filed: 11/23/2010, Entered: 11/23/2010 Order on Motion for Extension of TimeCourt Filing
ORDER: Granting Receiver's Motion further extending deadline to 1/15/2011 for commencing third party claims and avoidance actions [1663]. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1674 Filed: 11/23/2010, Entered: 11/23/2010 Declaration
Declaration of Patrick W. Wade. Filed by Ala Lani Assisted Living LLC. (Related document(s): Motion - Miscellaneous, [1611].) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3) (Wade, Patrick)
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Legal Document (Payment Possibly Required) 1673 Filed: 11/22/2010, Entered: 11/23/2010 OrderCourt Filing
Order setting allowed claim amount of American Strategic Income Portfolio Inc.-III. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1672 Filed: 11/23/2010, Entered: 11/23/2010 Response in Opposition to Motion
Response in Opposition to Motion for an Order Establishing Allowed Amounts for Claims[1611]. Filed by Ala Lani Assisted Living LLC. (Wade, Patrick)
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Legal Document (Payment Possibly Required) 1671 Filed: 11/22/2010, Entered: 11/23/2010 OrderCourt Filing
Order setting allowed claim amount of U.S. Bank National Association. Signed on 11/22/10 by U.S. District Judge Michael R. Hogan. (sln)
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Legal Document (Payment Possibly Required) 1670 Filed: 11/22/2010, Entered: None Court Filing
ORDER: Granting MTS Health Partners, LP's Motion for Extension of Time to 11/23/10 to File Response to motion for order establishing amounts for claims. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 11/23/2010)
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Legal Document (Payment Possibly Required) 1669 Filed: 11/22/2010, Entered: 11/22/2010 Surreply to Motion
Sur-Reply to Sterling Bank's Response Oral Argument requested. Filed by Darryl E. Fisher. (Vanden Bos, Robert)
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Legal Document (Payment Possibly Required) 1668 Filed: 11/22/2010, Entered: 11/22/2010 Declaration
Declaration of Walter Swearingen in Support of Objection of Merrill Lynch Capital Services, Inc. to Receiver's Motion for Order Establishing Allowed Amounts for Claims. Filed by Merrill Lynch Capital Services, Inc.. (Related document(s): Response to Motion[1667].) (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit) (Groce, Barry)
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Legal Document (Payment Possibly Required) 1667 Filed: 11/22/2010, Entered: 11/22/2010 Response to Motion
Response Objection of Merrill Lynch Capital Services, Inc. to Motion for an Order Establishing Allowed Amounts for Claims[1611] Oral Argument requested. Filed by Merrill Lynch Capital Services, Inc.. (Groce, Barry)
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Legal Document (Payment Possibly Required) 1666 Filed: 11/22/2010, Entered: None Court Filing
Scheduling Order by U.S. District Judge Michael R. Hogan. Show Cause Hearing is reset on 12/14/2010 from in person to by Telephone at 09:45AM before U.S. District Judge Michael R. Hogan. The court will initiate the call to attorneys Robert Vanden Bos and Leslie Weatherhead. Any other attorney wishing to participate in the Telephone Show Cause hearing will need to contact Jill Wright at 541-431-4103 to be added to the list. Ordered by U.S. District Judge Michael R. Hogan. (sln) (Entered: 11/22/2010)
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