| Court: | cacd |
| Docket #: | 2:13-cv-02174 |
| Case Name: | Banner Bank v. Vessel Isabella et al |
| PACER case #: | 557977 |
| Date filed: | 2013-03-26 |
| Date terminated: | 2014-03-31 |
| Date of last filing: | 2015-03-10 |
| Assigned to: | Judge George H. King |
| Referred to: | Magistrate Judge Jacqueline Chooljian |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Banner Bank Plaintiff a Washington State Chartered Bank |
Mary H Haas Craig W Miller Howard Loring Rose |
| Vessel Isabella Defendant Official No 1101268 |
|
| Amir Heshmatpour Defendant |
Amir Heshmatpour Mark C Holscher Timothy L Neufeld Michael Shipley Paul S Marks |
| Kathy Heshmatpour Defendant husband and wife and their marital community |
Kathy Heshmatpour Mark C Holscher Timothy L Neufeld Michael Shipley Paul S Marks |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-12-18 | 1 | 0 | Certification of Registration of Foreign Judgment (within U.S) | CERTIFICATION OF JUDGMENT received from District of Western Washington, case number CV02-2251-TSZ entered in the sending district on 11/6/2003; entered in this district on 12/21/12; filed by plaintiff Banner Bank.(esa) (Entered: 12/21/2012) | ||
| 2013-03-05 | 2 | 0 | Notice of Deficiency - Writ of Execution (CV-52c) | NOTICE OF DEFICIENCY WRIT OF EXECUTION against Amir and Kathy Heshmatpour. The document is being returned to you for correction of: Entered date of Writ is incorrect (refer to docket). The correct entered date is 12/21/2012. Please return this form with the corrected document when returned to the clerk's office for filing. (lom) (Additional attachment(s) added on 3/12/2013: # 1 Writ of Execution not Issued) (lom). (Entered: 03/12/2013) | ||
| 2 | 1 | Writ of Execution not Issued | 2015-03-24 17:43:58 | 58f35b052689a6e11fcea235e4a45c334fdd13f3 | ||
| 2013-03-20 | 3 | 0 | Notice (Other) | NOTICE of Lodging Proposed Request and Order filed by Banner Bank Banner Bank. (Attachments: # 1 Proposed Order for Service of Process by Registered Process Server)(Haas, Mary) (Entered: 03/20/2013) | ||
| 2013-03-11 | 4 | 0 | Affidavit | AFFIDAVIT and REUEST FOR ISSUANCE OF WRIT OF EXECUTION filed by Plaintiff Banner Bank (shb) (Additional attachment(s) added on 3/21/2013: # 1 WRIT OF EXECUTION) (shb). (Entered: 03/21/2013) | ||
| 2013-03-25 | 5 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Third Party Laura Gay, Controller of AFH Holding & Advisory LLC filed by Plaintiff Banner Bank. (Attachments: # 1 Affidavit of Mary H. Haas in Support of Third Party Examination with Exhibits A - E, # 2 Proposed Order)(Haas, Mary) (Entered: 03/25/2013) | ||
| 2013-03-25 | 6 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Defendant Kathy Heshmatpour filed by Plaintiff Banner Bank. (Attachments: # 1 Proposed Order)(Haas, Mary) (Entered: 03/25/2013) | 2015-03-24 17:49:42 | e6093f99ff23a1a202ed1c00cadb052c1b32cd0e |
| 6 | 1 | Proposed Order | ||||
| 2013-03-25 | 7 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Defendant Amir Heshmatpour filed by Plaintiff Banner Bank. (Attachments: # 1 Proposed Order)(Haas, Mary) (Entered: 03/25/2013) | ||
| 2013-03-20 | 8 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112A) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 3 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): The Request for Process Server should be e-filed as the main document and the Proposed Order should be the attachment.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (sbou) (Entered: 03/26/2013) | ||
| 2013-03-26 | 9 | 0 | Notice of Judge Assignment by Clerk (CV-15) | NOTICE of Judge Assignment by Clerk. This action has been randomly reassigned to Judge George H. King for all further proceedings. Discovery is referred to Magistrate Judge Jacqueline Chooljian. New case number is 2:13-cv-2174 GHK (JCx). (esa) (Entered: 03/27/2013) | ||
| 2013-03-26 | 10 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Kathy Heshmatpour filed by plaintiff Banner Bank. Lodged proposed order. (esa) (Entered: 03/27/2013) | ||
| 2013-03-26 | 11 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Laura Gay, Controller, AFH Holding and Advisory LLLC filed by plaintiff Banner Bank. Lodged proposed order. (esa) (Entered: 03/27/2013) | ||
| 2013-03-26 | 12 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Amir Heshmatpour filed by plaintiff Banner Bank. Lodged proposed order. (esa) (Entered: 03/27/2013) | ||
| 2013-03-27 | 13 | 0 | Order on Application for Judgment Debtor Exam | ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Jacqueline Chooljian: granting 10 Application for Judgment Debtor Exam of Kathy Heshmatpour. Judgment Debtor Exam set for 5/14/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian, Courtroom 20, Spring Street Courthouse, 312 N. Spring Street, Los Angeles, CA. (hr) (Entered: 03/28/2013) | ||
| 2013-03-27 | 14 | 0 | Order on Application for Judgment Debtor Exam | ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Jacqueline Chooljian: granting 11 Application for Judgment Debtor Exam of Laura Gay, Controller - AFH Holding and Advisory, LLC. Judgment Debtor Exam set for 5/14/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian, Courtroom 20, Spring Street Courthouse, 312 N. Spring Street, Los Angeles, CA. (hr) (Entered: 03/28/2013) | ||
| 2013-03-27 | 15 | 0 | Order on Application for Judgment Debtor Exam | ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Jacqueline Chooljian: granting 12 Application for Judgment Debtor Exam of Amir Heshmatpour. Judgment Debtor Exam set for 5/14/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian, Courtroom 20, Spring Street Courthouse, 312 N. Spring Street, Los Angeles, CA. (hr) (Entered: 03/28/2013) | ||
| 2013-04-01 | 16 | 0 | Abstract of Judgment issued | ABSTRACT of Judgment issued in favor of Plaintiff Banner Bank and against Kathy Heshmatpour in the principal amount of $429,893.86, interest in the amount of $ 0.00, attorneys fees of $ 0.00, costs of $0.00. RE: Order on Application for Judgment Debtor Exam, 13 (shb) (Entered: 04/04/2013) | ||
| 2013-04-01 | 17 | 0 | Abstract of Judgment issued | ABSTRACT of Judgment issued in favor of Plaintiff Banner Bank and against Amir Heshmatpour in the principal amount of $429,893.86, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00. RE: Order on Application for Judgment Debtor Exam, 15 (shb) (Entered: 04/04/2013) | 2015-03-24 17:45:23 | ebd4cfdaeb423f671bf234d61b65bacd7a0fc8af |
| 2013-04-04 | 18 | 0 | Motion for Order | NOTICE OF MOTION AND MOTION for Order for Charging Order filed by Plaintiff Banner Bank. Motion set for hearing on 5/14/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Declaration of Mary H. Haas With Exhibits A-F, # 2 Proposed Order)(Haas, Mary) (Entered: 04/04/2013) | ||
| 2013-04-12 | 19 | 0 | Request for Order | [DOCUMENT STRICKEN PURSUANT TO G-112-B E-FILED 4/16/2013] - REQUEST for Order for Service of Process by Registered Process Server filed by Plaintiff Banner Bank. (Attachments: # 1 Proposed Order For Service of Process by Registered Process Server)(Haas, Mary) Modified on 4/17/2013 (shb). (Entered: 04/12/2013) | ||
| 2013-04-15 | 20 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112A) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Order for Service of Process by Registered Process Server 19 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) (Entered: 04/15/2013) | ||
| 2013-04-16 | 21 | 0 | Response By Court to Notice of Deficiencies (G-112B) | ORDER by Clerk of Court THE DOCUMENT IS STRICKE. PLAINTIFF SHALL RE-FILE IN ACCORDANCE WITH THE LOCAL RULES. ORDER SHOULD HAVE CASE TITLE AND CASE NUMBER RE: REQUEST for Order for Service of Process by Registered Process Server 19 (shb) (Entered: 04/17/2013) | ||
| 2013-04-17 | 22 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff Banner Bank, served on 4/5/2013 Application for Appearance and Examiniation as to AFH Holding; Order to Appear for Examination as to AFH Holding; Subpoena to Appear and Testify at a Hearing or Trial as to AFH Holding; Notice of Motion and Motion for Charging Order;[Proposed] Order re Motion for Charging Order. (Haas, Mary) (Entered: 04/17/2013) | ||
| 2013-04-17 | 23 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff Banner Bank, on Amir Heshmatpour served on 4/4/2013 Certification of Judgment for Registration in Another District; Application for Appearance and Examination as to Amir Heshmatpour; Order to Appear for Examination as to Amir Heshmatpour; Subpoena to Appear and Testify at a Hearing or Trial as to Amir Heshmatpour; Special Interrogatories; Notice of Motion and Motion for Charging Order; [Proposed] Order re Motion for Charging Order. (Haas, Mary) (Entered: 04/17/2013) | ||
| 2013-04-18 | 24 | 0 | Request for Order | REQUEST for Order for SERVICE OF PROCESS BY REGISTERED PROCESS SERVER filed by Plaintiff Banner Bank. (Attachments: # 1 Proposed Order SERVICE OF PROCESS BY REGISTERED PROCESS SERVER)(Haas, Mary) (Entered: 04/18/2013) | ||
| 2013-04-19 | 25 | 0 | Order on Request for Order | ORDER by Judge George H. King: granting 24 Request for Order for Service of Process by Registered Process Server (shb) (Entered: 04/22/2013) | ||
| 2013-04-24 | 26 | 0 | Notice of Appearance | NOTICE of Appearance filed by attorney Mark C Holscher on behalf of Defendants Amir Heshmatpour, Kathy Heshmatpour (Holscher, Mark) (Entered: 04/24/2013) | ||
| 2013-04-24 | 27 | 0 | Notice of Appearance | NOTICE of Appearance filed by attorney Michael Shipley on behalf of Defendants Amir Heshmatpour, Kathy Heshmatpour (Shipley, Michael) (Entered: 04/24/2013) | ||
| 2013-04-25 | 28 | 0 | Stipulation to Reschedule | STIPULATION to Reschedule Judgment Debtor Examinations and Motion to Charge LLC Interest filed by Defendants Amir Heshmatpour, Kathy Heshmatpour. (Attachments: # 1 Proposed Order)(Shipley, Michael) (Entered: 04/25/2013) | ||
| 2013-04-25 | 29 | 0 | Notice of Appearance | NOTICE of Appearance filed by attorney Craig W Miller on behalf of Plaintiff Banner Bank (Miller, Craig) (Entered: 04/25/2013) | ||
| 2013-04-25 | 30 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff Banner Bank, re APPLICATION for Judgment Debtor Exam as to Defendant Kathy Heshmatpour 6 , Certification of Registration of Foreign Judgment (within U.S) 1 , Order on Application for Judgment Debtor Exam, 13 , Order on Application for Judgment Debtor Exam, 14 , MOTION for Order for Charging Order 18 , APPLICATION for Judgment Debtor Exam as to Third Party Laura Gay, Controller of AFH Holding & Advisory LLC 5 Subpoena to Appear and Testify (Kathy), Special Interrogatories (Kathy), Subpoena to Appear (AFH) served on 4/23/13. (Haas, Mary) (Entered: 04/25/2013) | ||
| 2013-04-25 | 31 | 0 | Order | ORDER ON SCHEDULING OF JUDGMENT DEBTOR EXAMINATIONS AND MOTION TO CHARGE LLC INTEREST by Magistrate Judge Jacqueline Chooljian, re Stipulation to Reschedule 28 . 1. The judgment debtor examinations of defendants Amir and Kathy Heshmatpour and non-party Laura Gay, controller of AFH Holding & Advisory LLC, currently scheduled for May 14, 2013 shall be rescheduled to occur on May 28, 2013 at 9:30 a.m. in courtroom 20. 2. Banner Bank's Motion for Charging Order is taken off the Court's May 14, 2013 calendar and re-set on the Court's calendar for May 28, 2013 at 9:30 a.m. The motion shall be briefed according to the schedule set forth Local Rules 7-9 and 7-10, based on the new May 28, 2013 hearing date. See order for further details. (hr) (Entered: 04/26/2013) | ||
| 2013-05-07 | 32 | 0 | MEMORANDUM in Opposition to Motion | MEMORANDUM in Opposition to MOTION for Order for Charging Order 18 filed by Defendants Amir Heshmatpour, Kathy Heshmatpour. (Shipley, Michael) (Entered: 05/07/2013) | 2015-03-24 17:55:00 | 45e5999a32301b51dcfd7d3fad4a393b2dfd6f11 |
| 2013-05-14 | 33 | 0 | Reply (Motion related) | REPLY In Support of Motion MOTION for Order for Charging Order 18 filed by Plaintiff Banner Bank. (Haas, Mary) (Entered: 05/14/2013) | ||
| 2013-05-26 | 34 | 0 | Ex Parte Application to Withdraw as Attorney | EX PARTE APPLICATION of Mark Holscher; Michael Shipley to Withdraw as Attorney for Defendants Amir and Kathy Heshmatpour, EX PARTE APPLICATION to Continue on Defedants Motion for Charging Order and Examinations from May 28, 2013 to June 25, 2013 filed by Defendants Amir Heshmatpour, Kathy Heshmatpour. (Attachments: # 1 Declaration of Mark Holscher, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Proposed Order Granting Application)(Shipley, Michael) (Entered: 05/26/2013) | ||
| 2013-05-28 | 35 | 0 | Response in Opposition to Motion | OPPOSITION to EX PARTE APPLICATION of Mark Holscher; Michael Shipley to Withdraw as Attorney for Defendants Amir and Kathy Heshmatpour EX PARTE APPLICATION to Continue on Defedants Motion for Charging Order and Examinations from May 28, 2013 to June 25, 2013 34 filed by Plaintiff Banner Bank. (Haas, Mary) (Entered: 05/28/2013) | ||
| 2013-05-28 | 36 | 0 | Order on Ex Parte Application to Withdraw as Attorney | MINUTES OF HEARING RE (1) JUDGMENT DEBTORS/WITNESS EXAMINATIONS; (2) JUDGMENT CREDITORS MOTION FOR CHARGING ORDER; (3) JUDGMENT DEBTORS EX PARTE APPLICATION FOR APPROVAL OF WITHDRAWAL OF COUNSEL AND CONTINUATION OF PENDING HEARING AND EXAMINATION DATES before Magistrate Judge Jacqueline Chooljian. The Court granted the Ex Parte Application to the extent it sought a brief continuance of the Judgment Debtors'/Witness examinations and the hearing on the Motion. The Court ordered the Judgment Debtors to file a status report by June 4, 2013. The Court continued the Judgment Debtors'/ Witness examinations and the hearing on the Motion to June 11, 2013 at 9:00 a.m. and ordered the Judgment Debtors Amir Heshmatapour and Kathy Heshmatapour and Laura Gay, Controller for AFH Holding and Advisory, LLC, through their current counsel, to appear on such date and at such time absent further order of the Court. The Court granted the Ex Parte Application to the extent it sought to permit current counsel of record for Judgment Debtors Amir Heshmatapour and Kathy Heshmatapour to withdraw as counsel of record. Tape #: C/S 5/28/13. (hr) (Entered: 05/28/2013) | ||
| 2013-05-28 | 37 | 0 | Notice of Entry of Decision or Ruling by a Judge of this Court | NOTICE of Entry of RULING, re: Order on Ex Parte Application to Withdraw as Attorney, Order on Ex Parte Application to Continue, Judgment Debtor Exam,,,,,,,,,,,, 36 , filed by Plaintiff Banner Bank. (Haas, Mary) (Entered: 05/28/2013) | ||
| 2013-06-04 | 38 | 0 | Request to Substitute or Withdraw Attorney (G-01) | REQUEST to Substitute attorney Timothy L. Neufeld in place of attorney Amir Heshmatpour Request for Approval of Substitution or Withrawal of Counsel filed by defendant Amir Heshmatpour. (Attachments: # 1 Proposed Order)(Neufeld, Timothy) (Entered: 06/04/2013) | ||
| 2013-06-04 | 39 | 0 | Request to Substitute or Withdraw Attorney (G-01) | REQUEST to Substitute attorney Timothy L. Neufeld in place of attorney Kathy Heshmatpour Request for Approval of Substitution or Withdrawal of Counsel filed by defendant Kathy Heshmatpour. (Attachments: # 1 Proposed Order)(Neufeld, Timothy) (Entered: 06/04/2013) | ||
| 2013-06-04 | 40 | 0 | Status Report | STATUS REPORT Status Report by Defendants Amir Heshmatpour and Kathy Heshmatpour filed by Defendants Amir Heshmatpour, Kathy Heshmatpour. (Marks, Paul) (Entered: 06/04/2013) | ||
| 2013-06-06 | 41 | 0 | Order on Request to Substitute Attorney | ORDER by Judge George H. King: granting 39 Request of Kathy Heshmatpour to Substitute Attorney Timothy L Neufeld. (rne) (Entered: 06/06/2013) | ||
| 2013-06-06 | 42 | 0 | Order on Request to Substitute Attorney | ORDER by Judge George H. King: granting 38 Request of Amir Heshmatpour to Substitute Attorney Timothy L. Neufeld. (rne) (Entered: 06/06/2013) | ||
| 2013-06-07 | 43 | 0 | Ex Parte Application to Continue | EX PARTE APPLICATION to Continue Motion for Charging Order and Debtor Examination from June 11, 2013 to June 25, 2013 Re: Order on Ex Parte Application to Withdraw as Attorney, Order on Ex Parte Application to Continue, Judgment Debtor Exam,,,,,,,,,,,, 36 Defendants Ex Parte Application for a Short Continuance of Debtor Examinations and Motion for Charging Order due to Retention of New Counsel filed by defendants Amir Heshmatpour, Kathy Heshmatpour. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Proof of Service)(Marks, Paul) (Entered: 06/07/2013) | ||
| 2013-06-07 | 44 | 0 | Order on Ex Parte Application to Continue | ORDER RE EX PARTE APPLICATION FOR A SHORT CONTINUANCE OF DEBTOR EXAMINATIONS AND MOTION FOR CHARGING ORDER DUE TO RETENTION OF NEW COUNSEL by Magistrate Judge Jacqueline Chooljian: [NOTE MULTIPLE CHANGES MADE BY COURT] granting 43 Ex Parte Application to Continue. Defendants' Ex Parte Application for a Short Continuance of Debtor Examinations and Motion for a Charging Order Due to Retention of New Counsel is hereby GRANTED BUT NO FURTHER CONTINUANCES WILL BE GRANTED. Defendants' counsel shall personally serve this Order on Amir Heshmatpour, Kathy Heshmatpour and Laura Gay and, by not later than June 14, 2013, shall file proofs of service reflecting that such service has been made. The following proceedings, currently set on the Court's calendar for June 11, 2013 at 9:30 a.m., are hereby continued to June 25, 2013 at 9:30 a.m. in Courtroom 341, Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012: 1) The hearing on Plaintiff's Motion for a Charging Order; 2) The judgment debtor examinations of Defendants Amir and Kathy Heshmatpour; and 3) The examination of Laura Gay. IT IS FURTHER ORDERED THAT AMIR HESHMATPOUR, KATHY HESHMATPOUR AND LAURA GAY SHALL APPEAR BEFORE THE COURT ON JUNE 25, 2013 AT 9:30 A.M. IN COURTROOM 341, ROYBAL FEDERAL BUILDING, 255 EAST TEMPLE STREET, LOS ANGELES, CALFORNIA 90012. [NOTE MULTIPLE CHANGES MADE BY COURT] (rp) (Entered: 06/07/2013) | ||
| 2013-06-13 | 45 | 0 | Miscellaneous Document | Proof of Service re: Order on Ex Parte Application to Continue,,,,, 44 (Neufeld, Timothy) (Entered: 06/13/2013) | ||
| 2013-06-13 | 46 | 0 | Notice of Appearance | NOTICE of Appearance filed by attorney Timothy L Neufeld on behalf of Defendants Amir Heshmatpour, Kathy Heshmatpour (Neufeld, Timothy) (Entered: 06/13/2013) | ||
| 2013-06-14 | 47 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112A) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 45 . The following error(s) was found: Other - Attached Proofs of Service do not have the dates that service was performed reflected in the the second paragraph of all three documents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rp) (Entered: 06/14/2013) | ||
| 2013-06-25 | 48 | 0 | Order on Motion for Order | MINUTES OF (1) HEARING ON JUDGMENT CREDITOR'S MOTION FOR CHARGING ORDER ("MOTION") (DOCKET NO. 18); (2) ORDER GRANTING MOTION; AND (3) JUDGMENT DEBTOR EXAMINATIONS granting 18 Motion for Order; Motion Hearing held before Magistrate Judge Jacqueline Chooljian: The Court stated its tentative ruling regarding the Motion on the record. The Court heard argument from counsel regarding the Motion. For the reasons stated on the record, the Court adopted its tentative ruling with a modification and granted the Motion. The Court indicated that it would execute the proposed written order submitted by the Judgment Creditor with the modification noted on the record. The Court granted the request and continued the Judgment Debtor examination of Amir Heshmatpour to July 12, 2013 at 9:30 a.m. in Courtroom 20, 3rd Floor, 312 N. Spring St., Los Angeles, CA. The Court ordered Judgment Debtor Amir Heshmatpour to be present to complete his examination on such date and time, at such location. Court Recorder: CS6/25/13. (rp) (Entered: 06/26/2013) | ||
| 2013-06-24 | 49 | 0 | Order | ORDER RE MOTION FOR CHARGING ORDER by Magistrate Judge Jacqueline Chooljian, re MOTION for Order for Charging Order 18 . (rp) (Entered: 06/26/2013) | ||
| 2013-06-28 | 50 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff Banner Bank, re Order 49 Served on AFH served on June 28, 2013. (Haas, Mary) (Entered: 06/28/2013) | ||
| 2013-07-12 | 51 | 0 | Judgment Debtor Exam | MINUTES OF Judgment Debtor Exam held before Magistrate Judge Jacqueline Chooljian: Case called. Mary Haas, counsel for the Judgment Creditor, is present with Bruce Nelson, Senior Vice President, Special Credits Administration Manager for Banner Bank. Timothy Neufeld, counsel for the Judgment Debtor, is present. Amir Heshmatpour, Judgment Debtor, is present and sworn. The parties are excused to conduct the exam. Tape #: C/S 7/12/13. (hr) (Entered: 07/12/2013) | ||
| 2013-07-26 | 52 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Third-Party filed by Plaintiff Banner Bank. Application set for hearing on 8/20/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Proposed Order to Appear for Examination re Enforcement of Judgment)(Haas, Mary) (Entered: 07/26/2013) | ||
| 2013-07-30 | 53 | 0 | Objection/Opposition (Motion related) | Objections re: APPLICATION for Judgment Debtor Exam as to Third-Party 52 Objections to Application for Appearance and Examination of Third Person Don R. Hankey, President of HIC Acceptance, LLLC; Declaration of Erin E. Brady in Support Thereof filed by Defendants Amir Heshmatpour, Kathy Heshmatpour. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Proof of Service)(Brady, Erin) (Entered: 07/30/2013) | ||
| 2013-08-01 | 54 | 0 | Application for Order re Discovery Matter | APPLICATION for Order for Application to File Documents Under Seal filed by Plaintiff Banner Bank. (Attachments: # 1 Proposed Order)(Rose, Howard) (Entered: 08/01/2013) | ||
| 2013-08-01 | 55 | 0 | Text Only Scheduling Notice | TEXT ENTRY ONLY: Magistrate Judge Jacqueline Chooljian is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judge's Chambers email at JC_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hr) TEXT ONLY ENTRY (Entered: 08/01/2013) | ||
| 2013-08-15 | 56 | 0 | Reply (Motion related) | REPLY in opposition to Judgment Debtors' Objections to Application for Appearance and Examination of Third Parties and Declaration of Loring Rose (PUBLIC VERSION) filed by Plaintiff Banner Bank. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (filed under seal), # 4 Exhibit 4 (filed under seal))(Rose, Howard) (Entered: 08/15/2013) | ||
| 2013-08-15 | 57 | 0 | Order on Application for Order re Discovery Matter | ORDER ON BANNER BANK'S APPLICATION TO FILE DOCUMENTS UNDER SEAL by Magistrate Judge Jacqueline Chooljian: granting 54 Application for Order. Accordingly, Exhibits 3 and 4 to the Declaration of Loring Rose, filed in support of Banner Bank's Reply to the Objections of Judgment Debtors Amir and Kathy Heshmatpour to Banner Bank's Application for the Appearance and Examination of third-party Don R. Hankey, may be filed under seal. (hr) (Entered: 08/15/2013) | ||
| 2013-08-15 | 58 | 0 | Order on Application for Judgment Debtor Exam | ORDER TO APPEAR FOR EXAMINATION by Magistrate Judge Jacqueline Chooljian: granting 52 Application for Judgment Debtor Exam. Judgment Debtor Exam set for 10/1/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. Don R. Hankey, President of HIC Accpetance LLC, is ordered to personally appear before the Honorable Jacqueline Chooljian, to answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor. (hr) (Entered: 08/15/2013) | ||
| 2013-08-15 | 59 | 0 | Exhibit (non-trial) | SEALED DOCUMENT - EXHIBIT 3 TO THE DECLARATION OF LORING ROSE IN SUPPORT OF BANNER BANK'S REPLY TO THE OBJECTIONS OF JUDGMENT DEBTORS AMIR AND KATHY HESHMATPOUR TO BANNER BANK'S APPLICATION FOR THE APPEARANCE AND EXAMINATION OF THIRD PARTY DON R HANKEY (shb) (Entered: 08/16/2013) | ||
| 2013-08-15 | 60 | 0 | Exhibit (non-trial) | SEALED DOCUMENT - EXHIBIT 4 TO THE DECLARATION OF LORING ROSE IN SUPPORT OF BANNER BANK'S REPLY TO THE OBJECTIONS OF JUDGMENT DEBTOR AMIR AND KATHY HESHMATPOUR TO BANNER BANK'S APPLICATION FOR THE APPEARANCE AND EXAMINATION OF THIRD PARTY DON R HANKEY (shb) (Entered: 08/16/2013) | ||
| 2013-08-29 | 61 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff Banner Bank, re Order on Application for Judgment Debtor Exam, 58 Application for Judgment Debtor and Subpoena to Appear and Testify served on 8/20/2013. (Haas, Mary) (Entered: 08/29/2013) | ||
| 2013-09-03 | 62 | 0 | USM-285 Service of non-complaint documents - Executed | PROCESS RECEIPT AND RETURN (USM-285) returned executed Levy upon Chase Bank at 725 S. Figueroa Street, Los Angeles, CA 90017 on 5/31/13. Remarks: Served on 5/31/13; Mailed on 5/31/13. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 63 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff served Chase Bank by serving Natalie Estban, Assistant Branch Manager on 5/31/13 personally. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 64 | 0 | Proof of Service (subsequent documents) | PROOF OF MAILING OF SERVICE filed by Plaintiff served on Amir Heshmatpour, Husband and Kathy Heshmatpour, Spouse by mail service on 5/31/13. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 65 | 0 | USM-285 Service of non-complaint documents - Executed | PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Citizens Business Bank at 3833 Ebony Aven, Ontario, CA 91761 on 6/5/13. Remarks: Served on 6/5/13; Mailed on 6/5/13. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 66 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff served Citizen Business Bank by serving Kimberly Eborn, Assistant Vice President on 6/5/13 by personal service. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 67 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff served Amir Heshmatpour, Husband and Kathy Heshmatpour, Spouse on 6/5/13 by mail service. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 68 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff served on Bank of America by serving Rosario Flores, Lead Operations Representative on 6/3/13 by personal service. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 69 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff served on Amir Heshmatpour, Husband and Kathy Heshmatpour, Spouse on 6/4/13 by mail service. (ir) (Entered: 09/10/2013) | ||
| 2013-09-03 | 70 | 0 | USM-285 Service of non-complaint documents - Executed | PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Bank of America NA at 888 7th Street, Suite 100 Los Angeles, CA 90017 on 6/3/13. Remarks: Served 6/3/13; mailed on 6/4/13. (ir) (Entered: 09/10/2013) | ||
| 2013-09-17 | 71 | 0 | Request for Order re Discovery Matter | Joint REQUEST for Order for For Telephonic Appearance and to Conduct Third Party Exam filed by Plaintiff Banner Bank. Request set for hearing on 10/1/2013 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Proposed Order)(Haas, Mary) (Entered: 09/17/2013) | ||
| 2013-09-18 | 72 | 0 | Order on Request for Order re Discovery Matter | ORDER FOR TELEPHONIC APPEARANCE AND TO CONDUCT THIRD PARTY EXAMINATION OF DON R. HANKEY AT REMOTE LOCATION by Magistrate Judge Jacqueline Chooljian granting 71 . IT IS HEREBY ORDERED that on October 1, 2013 at 9:30 a.m., the parties may conduct the Third Party Examination of Don R. Hankey at Mr. Hankey's offices located at 4751 Wilshire Boulevard, Suite 110, Los Angeles, California 90010 and the parties may appear telephonically for purposes of swearing in the witness at the commencement of the examination. (hr) (Entered: 09/18/2013) | ||
| 2013-10-01 | 73 | 0 | Judgment Debtor Exam | MINUTES OF Judgment Debtor Witness Exam held before Magistrate Judge Jacqueline Chooljian: Case called. Mary Haas, counsel for the Judgment Creditor, made her telephonic appearance. Timothy Neufeld, counsel for Judgment Debtor, made his telephonic appearance. Eugene Leydiker, counsel for witness Don R. Hankey and witness Don R. Hankey also telephonically appeared. Witness was sworn. The parties were excused to conduct the exam. Tape #: C/S 10/1/13. (hr) (Entered: 10/01/2013) | ||
| 2014-01-03 | 74 | 0 | Ex Parte Application to Withdraw as Attorney | EX PARTE APPLICATION of Timothy L. Neufeld to Withdraw as Attorney Defendants' Ex Parte Application for Approval to Withdraw as Counsel filed by defendant Amir Heshmatpour, Kathy Heshmatpour. (Attachments: # 1 Declaration of Timothy L. Neufeld, # 2 Proof of Service, # 3 Proposed Order)(Neufeld, Timothy) (Entered: 01/03/2014) | ||
| 2014-01-06 | 75 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112A) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION of Timothy L. Neufeld to Withdraw as Attorney 74 . The following error was found: Ex Parte Application is presented before U.S. Magistrate Judge Chooljian and should be before the U. S. District Judge. Proposed Order signature line indicates U.S. Magistrate Judge. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ir) (Entered: 01/06/2014) | ||
| 2014-01-07 | 76 | 0 | Motion to Compel | NOTICE OF MOTION AND MOTION to Compel Production of Documents from Defendants and AFH Holding filed by Plaintiff Banner Bank. Motion set for hearing on 2/11/2014 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Haas, Mary) (Entered: 01/07/2014) | ||
| 2014-01-07 | 77 | 0 | Joint Stipulation re Discovery Motion | JOINT STIPULATION to MOTION to Compel Production of Documents from Defendants and AFH Holding 76 filed by Plaintiff Banner Bank. (Attachments: # 1 Exhibit A - M)(Haas, Mary) (Entered: 01/07/2014) | ||
| 2014-01-09 | 78 | 0 | Response By Court to Notice of Deficiencies (G-112B) | RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed RE: EX PARTE APPLICATION of Timothy L. Neufeld to Withdraw as Attorney 74 . (ir) (Entered: 01/09/2014) | ||
| 2014-01-23 | 79 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam as to Amir Heshmatpour filed by Judgment Creditor Banner Bank. (Attachments: # 1 Proposed Order)(Haas, Mary) (Entered: 01/23/2014) | ||
| 2014-01-28 | 80 | 0 | Supplement(Motion related) | SUPPLEMENT to MOTION to Compel Production of Documents from Defendants and AFH Holding 76 SUPPLEMENT MEMORANDUM AND DECLARATION OF MARY H. HAAS WITH EXHIBITS N-Q filed by Plaintiff Banner Bank. (Haas, Mary) (Entered: 01/28/2014) | ||
| 2014-01-28 | 81 | 0 | Objection/Opposition (Motion related) | OPPOSITION in opposition re: MOTION to Compel Production of Documents from Defendants and AFH Holding 76 Discovery Matter: Amir and Kathy Heshmatpours Supplemental Opposition Regarding Banner Banks Motion to Compel Production of Documents from Defendants filed by Defendant Kathy Heshmatpour. (Neufeld, Timothy) (Entered: 01/28/2014) | ||
| 2014-02-06 | 82 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER (IN CHAMBERS) ORDER CONDITIONALLY GRANTING DEFENDANTS' EX PARTE APPLICATION FOR APPROVAL TO WITHDRAW AS COUNSEL (DOCKET NO. 74) by Magistrate Judge Jacqueline Chooljian: re: EX PARTE APPLICATION of Timothy L. Neufeld to Withdraw as Attorney Defendants' Ex Parte Application for Approval to Withdraw as Counsel 74 . Good cause has been shown. Therefore the Court conditionally grants the Withdrawal Application subject to the other provisions of this Order. Neufeld Marks must file a proof of service of this Order and of the required declaration. Failure to comply with the above requirements by February 11, 2014 will result in denial of the Withdrawal Application. Absent the filing of an objection from the Withdrawal Defendants by the deadline set forth above, the Withdrawal Application is granted effective fourteen days after the date of the filing of the declaration from Neufeld Marks. (See Order for Details) (rp) (Entered: 02/06/2014) | ||
| 2014-02-06 | 83 | 0 | Order on Motion to Compel | MINUTES (IN CHAMBERS): ORDER SUBMITTING, GRANTING IN PART, AND DENYING IN PART PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM DEFENDANTS AND AFH HOLDINGS AND ADVISORY, LLC (DOCKET NO. 76) by Magistrate Judge Jacqueline Chooljian: granting in part and denying in part 76 Motion to Compel. Pending before the Court and noticed of hearing on February 11, 2014 at 9:30 a.m. is plaintiff Banner Bank's Motion to Compel Production of Documents from Defendants and AFH Holding and Advisory, LLC ("Plaintiff's Motion"). Having read and considered the submissions made in connection with Plaintiff's Motion, the Court deems the matter appropriate for decision without oral argument and vacates the February 11, 2014 hearing. See Fed. R. Civ. P. 78; Local Rule 7-15. As detailed below, Plaintiff's Motion is granted to the extent it seeks to compel defendants Amir and Kathy Heshmatpour (collectively "defendants") and non-party AFH Holding and Advisory, LLC ("AFH") to produce the documents in issue and is denied to the extent it seeks sanctions. Further Orders: 1. Defendants and AFH shall produce the documents called for by this Order to plaintiff within fourteen (14) days. 2. The Clerk shall serve this Order upon counsel of record and upon AFH's agent for service of process as follows: AFH Holding and Advisory LLC, c/o Agent for Service of Process, Vcorp Services, 5670 Wilshire Boulevard, Suite 1530, Los Angeles, California 90036. (See Order for Further Details) (rp) (Entered: 02/06/2014) | ||
| 2014-02-06 | 84 | 0 | Order on Application for Judgment Debtor Exam | ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Jacqueline Chooljian: granting 79 Application for Judgment Debtor Exam. Judgment Debtor Exam set for 3/18/2014 09:30 AM before Magistrate Judge Jacqueline Chooljian. (rp) (Entered: 02/06/2014) | ||
| 2014-02-11 | 85 | 0 | Declaration | DECLARATION of Timothy L. Neufeld re Minutes of In Chambers Order/Directive - no proceeding held,,, 82 Declaration of Timothy L. Neufeld in Support of Application to Withdraw as Counsel of Record filed by Defendants Amir Heshmatpour, Kathy Heshmatpour. (Attachments: # 1 Exhibits A-C)(Neufeld, Timothy) (Entered: 02/11/2014) | ||
| 2014-02-11 | 86 | 0 | Miscellaneous Document | Proof of Service re: Declaration (non-motion), 85 (Neufeld, Timothy) (Entered: 02/11/2014) | ||
| 2014-02-26 | 87 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER (IN CHAMBERS) DIRECTING CLERK TO UPDATE DOCKET IN LIGHT OF GRANTING OF EX PARTE APPLICATION FOR APPROVAL TO WITHDRAW AS COUNSEL by Magistrate Judge Jacqueline Chooljian: The Clerk shall update the docket to reflect that the Withdrawal Defendants are now proceeding pro se and that they have the addresses/contact information reflected for such individuals in the Neufeld Declaration. IT IS FURTHER ORDERED that the Clerk shall serve this order upon plaintiff, the Withdrawal Defendants, and former counsel for the Withdrawal Defendants Timothy Neufeld and Paul S. Marks. (hr) (Entered: 02/26/2014) | ||
| 2014-03-13 | 88 | 0 | Request to Continue | REQUEST to Continue Debtor Exam of Amir Hesmatpour from March 18, 2014 to April 22, 2014 Re: Order on Application for Judgment Debtor Exam, 84 filed by Plaintiff Banner Bank. Request set for hearing on 4/22/2014 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Proposed Order Granting Request to Continue Debtor Exam of Amir Heshmatpour)(Haas, Mary) (Entered: 03/13/2014) | ||
| 2014-03-14 | 89 | 0 | Order on Request to Continue | ORDER by Magistrate Judge Jacqueline Chooljian: granting 88 Request to Continue. The deadlines and hearings originally scheduled have been rescheduled. Upon the Request of the Judgment Creditor Banner Bank and for good cause, the date for the appearance and examination of Amir Heshmatpour is hereby continued to April 22, 2014 at 9:30 a.m. (hr) (Entered: 03/14/2014) | ||
| 2014-04-15 | 90 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE filed by Plaintiff Banner Bank, re Order on Request to Continue, 89 , Order on Application for Judgment Debtor Exam, 84 served on 4/7/2014. (Haas, Mary) (Entered: 04/15/2014) | ||
| 2014-04-22 | 91 | 0 | Judgment Debtor Exam | MINUTES OF Judgment Debtor Exam held before Magistrate Judge Jacqueline Chooljian: Case called. Mary Haas, counsel for the Judgment Creditor, is present. Amir Heshmatpour, Judgment Debtor, is present and sworn. The parties are excused to conduct the exam. Tape #: C/S 4/22/14. (hr) (Entered: 04/23/2014) | ||
| 2014-08-25 | 92 | 0 | Motion to Amend/Correct | NOTICE OF MOTION AND MOTION to Certification of Registration of Foreign Judgment (within U.S) 1 MOTION TO AMEND JUDGMENT filed by Plaintiff Banner Bank. Motion set for hearing on 10/6/2014 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration of Mary Haas, Exhibits A-I and Proof re AFH)(Haas, Mary) (Entered: 08/25/2014) | ||
| 2014-08-26 | 93 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE Banner Bank, re MOTION to Certification of Registration of Foreign Judgment (within U.S) 1 MOTION TO AMEND JUDGMENT 92 (Haas, Mary) (Entered: 08/26/2014) | ||
| 2014-09-22 | 94 | 0 | Non-Opposition to Motion | NOTICE OF NON-OPPOSITION to MOTION to Certification of Registration of Foreign Judgment (within U.S) 1 MOTION TO AMEND JUDGMENT 92 filed by Plaintiff Banner Bank. (Haas, Mary) (Entered: 09/22/2014) | ||
| 2014-09-25 | 95 | 0 | Order on Motion to Amend/Correct | MINUTES (In Chambers): Order re Motion to Amend Judgment by Judge George H. King. For the foregoing reasons, the Court DENIES Plaintiffs Motion to Amend Judgment. (See attached document for details.) (lom) (Entered: 09/25/2014) | ||
| 2014-10-09 | 96 | 0 | Mail Returned | Mail Returned addressed to Amit Heshamatpour re Order on Motion to Amend/Correct 95 (shb) (Entered: 10/09/2014) | ||
| 2015-02-23 | 97 | 0 | Application for Judgment Debtor Exam | APPLICATION for Judgment Debtor Exam filed by Judgment Creditor Banner Bank. Application set for hearing on 3/31/2015 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Proposed Order)(Haas, Mary) (Entered: 02/23/2015) | ||
| 2015-02-24 | 98 | 0 | Order on Application for Judgment Debtor Exam | ORDER TO APPEAR FOR EXAMINATION RE: ENFORCEMENT OF JUDGMENT by Magistrate Judge Jacqueline Chooljian: granting 97 Application for Judgment Debtor Exam. Judgment Debtor Exam set for 4/7/2015 at 9:30 AM before Magistrate Judge Jacqueline Chooljian, Courtroom 20, Spring Street Courthouse, 312 N. Spring Street, Los Angeles, CA. Amir Heshmatpour YOU ARE ORDERED TO APPEAR personally before the Honorable Jacqueline Chooljian, to: furnish information to aid in enforcement of a money judgment against you. (hr) (Entered: 02/24/2015) | ||
| 2015-02-27 | 99 | 0 | Mail Returned | Mail Returned, addressed to Amir Heshmatpour, AFH Holding and Advisory, 9595 Wilshire Blvd., Ste 700, Beverly Hills, CA 90212, re Order on Application for Judgment Debtor Exam, 98 . Remarks: Forward time exp. Return to Sender. (dml) (Entered: 03/04/2015) | ||
| 2015-03-10 | 100 | 0 | Proof of Service (subsequent documents) | PROOF OF SERVICE Banner Bank, re APPLICATION for Judgment Debtor Exam 97 , Order on Application for Judgment Debtor Exam,, 98 Subpoena to Appear and Testify at Hearing (Haas, Mary) (Entered: 03/10/2015) |