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Appeal, ChamNote




U.S. Bankruptcy Court
Western District of Washington (Seattle)
Adversary Proceeding #: 09-01577-MLB

Assigned to: Marc Barreca
Lead BK Case: 09-16841
Lead BK Title: Michael R Mastro
Lead BK Chapter: 7
Demand:

Date Filed: 12/08/09
Date Terminated: 03/21/14
Nature[s] of Suit:   13 Recovery of money/property - 548 fraudulent transfer
14 Recovery of money/property - other


Plaintiff
-----------------------

James Rigby, Trustee




represented by



Manish Borde
Williams Kastner
601 Union St Ste 4100
Seattle, WA 98101
206-628-6600
Email: mborde@williamskastner.com

Scott B Henrie
William Kastner & Gibbs PLLC
601 Union St Ste 4100
PO Box 21926
Seattle, WA 98111-3926
206-628-6600
Email: shenrie@williamskastner.com

Aimee S Willig
Bush Kornfeld LLP
601 Union St Ste 5000
Seattle, WA 98101
206- 292-2110
Email: awillig@bskd.com


V.

Defendant
-----------------------

Michael K Mastro, an individual




represented by



Donald A Bailey
1218 3rd Ave Ste 1808
Seattle, WA 98101
206-682-4802
Email: donald.bailey@shaferbailey.com

Michael C. Malnati
Reed Longyear Malnati & Ahrens PLLC
801 2nd Ave Ste 1415
Seattle, WA 98104-1522
206-624-6271
Fax : 206-624-6672
Email: mmalnati@rlmalaw.com


Defendant
-----------------------

Michael K Mastro LLC, a Washington Limited Liability Company




represented by



Donald A Bailey
(See above for address)
TERMINATED: 08/12/2011

Michael C. Malnati
(See above for address)


Defendant
-----------------------

Michael K Mastro II LLC, a Washington Limited Liability Company




represented by



Donald A Bailey
(See above for address)
TERMINATED: 08/12/2011

Michael C. Malnati
(See above for address)


Defendant
-----------------------

Michael K Mastro III LLC, a Washington Limited Liability Company



represented by



Donald A Bailey
(See above for address)
TERMINATED: 08/12/2011

Michael C. Malnati
(See above for address)

Filing Date #Docket Text
12/08/2009 1 Adversary case 09-01577. Complaint against Michael K. Mastro, Michael K. Mastro LLC, Michael K. Mastro II LLC, Michael K. Mastro III LLC to Avoid Transfers under Bankruptcy Code Sections 549, 548, 547, 544 and RCW 19.40 et seq. Filed by Scott B. Henrie on behalf of James Rigby. (Attachments: 1 Exhibit Ex A - Daily Transactions Report re ML Insurance2 Exhibit Ex. B - Transfers of $340,0003 Exhibit Ex. C - Summary of Policies4 Exhibit Ex. D - NY Life Policy5 Exhibit Ex. E - ING Policy6 Exhibit Ex. F - Handwritten fax from G. English7 Exhibit Ex. G - Resignation of G. English8 Exhibit Ex. H - John Hancock Life Ins. letter9 Exhibit Ex. I - Closing Statement showing $2.4 million transfer10 Exhibit Ex. J - Deed of Trust, Security Agrmnt and Financing Stmt11 Exhibit Ex. K - Promissory Note for $13,700,00012 Exhibit Ex. L - Loan and Security Agreement13 Exhibit Ex. M - Deed of Trust Security Agrmnt and Financing Stmt) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)), (14 (Recovery of money/property - other)) (Henrie, Scott) Modified on 12/9/2009 (USBC Staff - Tamayao, Cyndi). (Entered: 12/08/2009 at 14:36:16)
12/09/2009 2 Ex Parte Motion for Temporary Restraining Order Filed by Scott B. Henrie on behalf of James Rigby (Attachments: 1 Proposed Order Ex Parte Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter) (Henrie, Scott) (Entered: 12/09/2009 at 17:30:29)
12/09/2009 3 Ex Parte Statement FRCP 65 CERTIFICATION OF SCOTT B. HENRIE IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER (Related document(s)2 Motion for Temporary Restraining Order)... Filed by Scott B. Henrie on behalf of James Rigby. (Attachments: 1 Exhibit A-1 to FRCP 65 Certification of Scott Henrie in Support of Ex Parte Motion for Temporary Restraining Order) (Henrie, Scott) (Entered: 12/09/2009 at 17:38:11)
12/09/2009 4 Ex Parte Declaration OF SCOTT B. HENRIE IN SUPPORT OF EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER (Related document(s)2 Motion for Temporary Restraining Order)... Filed by Scott B. Henrie on behalf of James Rigby. (Attachments: 1 Exhibit Ex. 1 to Declaration of Scott B. Henrie in Support of Ex Parte Motion for Temporary Order) (Henrie, Scott) (Entered: 12/09/2009 at 17:40:50)
12/10/2009 5 Ex Parte Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature . Filed by Scott B. Henrie on behalf of James Rigby. (Related document(s)2 Motion for Temporary Restraining Order). (Henrie, Scott) (Entered: 12/10/2009 at 10:41:06)
12/10/2009 6 Ex Parte Temporary Restraining Order and ORDER to Show Cause why TRO should not remain in force throughout the pendency of this lawsuit (Related document(s)2, Motion for Temporary Restraining Order). Show Cause hearing date is set for 12/16/2009 at 11:00 AM at Judge Steiner's Courtroom, U.S. Courthouse, Room 8206. (USBC Staff - Birkland, Judy) (Entered: 12/10/2009 at 14:46:20)
12/11/2009 7 Summons and Notice of Pretrial Conference (with original summons issued and provided via email confirmation to plaintiff's attorney) to be served on Michael K Mastro Answer Due 1/11/2010; Michael K Mastro LLC Answer Due 1/11/2010; Michael K Mastro II LLC Answer Due 1/11/2010;and Michael K Mastro III LLC Answer Due 1/11/2010. Pretrial conference scheduled for 1/29/2010 at 01:30 PM at Judge Steiner's Courtroom, U.S. Courthouse, Room 8206, 700 Stewart Street, Seattle, WA. (USBC Staff - Brooks, Janice) (Entered: 12/11/2009 at 08:36:30)
12/12/2009 8 BNC Certificate of Notice (Related document(s)6 No action taken on Order to Show Cause). Service Date 12/12/2009. (Admin.) (Entered: 12/12/2009 at 21:28:20)
12/16/2009 9 Proof of Service --Affidavit of Service. Filed by Aimee S. Willig on behalf of James Rigby. (Related document(s)1 Complaint, 2 Motion for Temporary Restraining Order, 3 Statement, 4 Declaration, 6 Order to Show Cause, 7 Summons and Pretrial Conference (Seattle)). (Willig, Aimee) (Entered: 12/16/2009 at 10:18:45)
12/16/2009 10 Agreed ORDER Extending Temporary Restraining Order and Continuing Hearing on Preliminary Injunction (Related document(s)6 Order to Show Cause). The Hearing date is set for 1/22/2010 at 11:00 AM at Judge Steiner's Courtroom, U.S. Courthouse, Room 8206. (USBC Staff - Birkland, Judy) (Entered: 12/17/2009 at 14:38:23)
12/17/2009 11 Acceptance of Service. Filed by Michael C Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (USBC Staff - Birkland, Judy) (Entered: 12/17/2009 at 14:42:13)
12/19/2009 12 BNC Certificate of Notice (Related document(s)10 Scheduling Order). Service Date 12/19/2009. (Admin.) (Entered: 12/19/2009 at 21:38:28)
01/14/2010 13 Defendant's Answer to Complaint. Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Attachments: 1 Proof of Service)(Malnati, Michael) (Entered: 01/14/2010 at 16:57:18)
01/21/2010 14 Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature AGREED ORDER ON PRELIMINARY INJUNCTION. Filed by Scott B. Henrie on behalf of James Rigby. (Related document(s)2 Motion for Temporary Restraining Order). (Henrie, Scott) (Entered: 01/21/2010 at 16:00:07)
01/22/2010 15 Agreed ORDER on Preliminary Injunction. (USBC Staff - Birkland, Judy) (Entered: 01/22/2010 at 15:43:35)
01/24/2010 16 BNC Certificate of Notice (Related document(s)15 Order GENERIC). Service Date 01/24/2010. (Admin.) (Entered: 01/24/2010 at 21:28:30)
02/04/2010 17 Plaintiff's Motion for Summary Judgment Re: Avoidance and Recovery of Post-Petition Transactions (USC Sec. 549,550) with Notice of Hearing. Filed by Scott B. Henrie on behalf of James Rigby The Hearing date is set for 3/5/2010 at 11:00 AM at Judge Steiner's Courtroom, U.S. Courthouse, Room 8206. Response due by 2/26/2010. (Attachments: 1 Proposed Order and Final Judgment) (Henrie, Scott) (Entered: 02/04/2010 at 14:26:19)
02/04/2010 18 Declaration of Kent Mordy in Support of Plaintiff's Motion for Summary Judgment (Related document(s)17 Motion for Summary Judgment)... Filed by Scott B. Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 02/04/2010 at 14:29:25)
02/04/2010 19 Declaration of Scott B. Henrie in Support of Plaintiff's Motion for Summary Judgment (Related document(s)17 Motion for Summary Judgment)... Filed by Scott B. Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 02/04/2010 at 14:31:25)
02/04/2010 20 Proof of Service . Filed by Scott B. Henrie on behalf of James Rigby. (Related document(s)17 Motion for Summary Judgment). (Henrie, Scott) (Entered: 02/04/2010 at 14:33:08)
02/19/2010 21 Proof of Service by ABC Legal Services: Subpoena Duces Decum; Witness Fee Check. Served on Washington Trust Bank, Records Custodian. (USBC Staff - Birkland, Judy) (Entered: 02/23/2010 at 16:58:51)
02/26/2010 22 Defendant's Memorandum to Plaintiff's Motion for Summary Judgment re: Avoidance and Recovery of Post-Petition Transactions (Related document(s)17 Motion for Summary Judgment, 18 Declaration, 19 Declaration)... Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Malnati, Michael) (Entered: 02/26/2010 at 21:57:45)
02/26/2010 23 Defendant's Statement of Genuine Issues of Material Facts (Related document(s)17 Motion for Summary Judgment, 18 Declaration, 19 Declaration, 22 Memorandum)... Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Malnati, Michael) (Entered: 02/26/2010 at 21:59:26)
02/26/2010 24 Declaration of Michael K. Mastro in Opposition to Summary Judgment Motion (Related document(s)17 Motion for Summary Judgment, 18 Declaration, 19 Declaration, 22 Memorandum, 23 Statement)... Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Malnati, Michael) (Entered: 02/26/2010 at 22:01:10)
02/26/2010 25 Declaration of Tom Kenyon in Opposition to Summary Judgment Motion (Related document(s)17 Motion for Summary Judgment, 18 Declaration, 19 Declaration, 22 Memorandum, 23 Statement, 24 Declaration)... Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Attachments: 1 Exhibit 12 Exhibit 23 Exhibit 3) (Malnati, Michael) (Entered: 02/26/2010 at 22:03:44)
02/26/2010 26 Proof of Service . Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Related document(s)22 Memorandum, 23 Statement, 24 Declaration, 25 Declaration). (Malnati, Michael) (Entered: 02/26/2010 at 22:06:04)
03/02/2010 27 Plaintiff's Reply to Opposition to Summary Judgment RE: GAP Period Transfers (Related document(s)17 Motion for Summary Judgment)... Filed by Scott B. Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 03/02/2010 at 18:15:45)
03/02/2010 28 Declaration of Scott B. Henrie in Support of Trustee's Reply to Opposition to Motion for Summary Judgment RE: Avoidance and Recovery of Post-Petition Transactions (Related document(s)17 Motion for Summary Judgment)... Filed by Scott B. Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 03/02/2010 at 18:18:00)
03/02/2010 29 Declaration of Kent Mordy in Support of Plaintiff's Reply to Opposition to Summary Judgment RE: GAP Period Transfers (Related document(s)17 Motion for Summary Judgment)... Filed by Scott B. Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 03/02/2010 at 18:19:52)
03/03/2010 30 Proof of Service . Filed by Scott B. Henrie on behalf of James Rigby. (Related document(s)27 Reply, 28 Declaration, 29 Declaration). (Henrie, Scott) (Entered: 03/03/2010 at 11:12:39)
03/05/2010 31 ORDER and Final JUDGMENT Re: Avoidance and Recovery of Post-Petition Transactions, (Related document(s)17 Motion for Summary Judgment). Case Can Close: 3/26/2010. (USBC Staff - Birkland, Judy) (Entered: 03/05/2010 at 14:26:13)
03/07/2010 32 BNC Certificate of Notice (Related document(s)31 Judgment). Service Date 03/07/2010. (Admin.) (Entered: 03/07/2010 at 21:29:07)
03/08/2010 33 Received UNSIGNED Order: Exemplification. Forwarded to Chambers for Judge's Signature. (USBC Staff - Birkland, Judy) (Entered: 03/08/2010 at 15:57:33)
03/19/2010 34 Defendant's Notice of Appeal to BAP.Internal Appeal #10-S010. Fee Due $ 255 (Related document(s)31 Judgment). Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. Record Transmission due by 04/9/2010, (Attachments: 1 Pleading - Order and Final Judgment on Plaintiff's Motion for Summary Judgment, filed 3-5-2010)(Malnati, Michael) Modified on 3/23/2010 (USBC Staff - Hardy, Cynthia). (Entered: 03/19/2010 at 15:02:43)
03/23/2010 35 Notice of Transmittal of Appeal to BAP Combined with Service of Notice of Appeal BK Internal Appeal Number 10-S010 (Related document(s)34 Notice of Appeal). (Attachments: 1 Counsel Letter2 BAP Order3 Public Docket) (USBC Staff - Hardy, Cynthia) (Entered: 03/23/2010 at 08:59:23)
04/02/2010 36 Designation of Contents For Inclusion in Record On Appeal and Issues on Appeal (Related document(s)34 Notice of Appeal). Filed by Michael C. Malnati on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Malnati, Michael) (Entered: 04/02/2010 at 17:13:01)
04/06/2010 37 Status Report from Bankruptcy Court to BAP Regarding Appeal 10-S010, WW-10-1099 (Related document(s)34 Notice of Appeal). (USBC Staff - Hardy, Cynthia) (Entered: 04/07/2010 at 16:23:31)
04/07/2010 38 Supplemental Transmittal of Record on Appeal to BAP with Certificate of Mailing BK Internal Appeal Number 10-S010 (Related document(s)36 Appelant's Designation of Record and Statement of Issues on Appeal ). (USBC Staff - Hardy, Cynthia) Modified on 4/14/2010 (USBC Staff - Hardy, Cynthia). (Entered: 04/07/2010 at 16:40:03)
04/15/2010 39 Certificate of Readiness Transmitted to BAP. Case Number: 09 1001099 BK Internal Appeal Number 10-S010 (Related document(s)34 Notice of Appeal). Check Status of Appeal by 10/12/2010. (USBC Staff - Hardy, Cynthia) (Entered: 04/15/2010 at 11:21:46)
08/03/2010 40 Proof of Service: Subpoena Duces Tecum to Northern Trust Bank. Filed by Scott B Henrie on behalf of James Rigby. (USBC Staff - Birkland, Judy) (Entered: 08/03/2010 at 16:23:13)
08/27/2010 41 Plaintiff's Motion for Summary Judgment NOTICE OF HEARING AND PLAINTIFF'S SUMMARY JUDGMENT RE: RECOVERY OF FRAUDULENT TRANSFERS RELATED TO INSURANCE UNDER RCW 19.40 ET SEQ. with Notice of Hearing. Filed by Scott B Henrie on behalf of James Rigby The Hearing date is set for 9/24/2010 at 11:00 AM at Judge Steiner's Courtroom, U.S. Courthouse, Room 8206. Response due by 9/17/2010. (Attachments: 1 Proposed Order ORDER AND FINAL JUDGMENT ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT RE: RECOVERY OF FRAUDULENT TRANSFERS RELATED TO INSURANCE UNDER RECW 19.40 ET SEQ.) (Henrie, Scott) (Entered: 08/27/2010 at 21:29:48)
08/27/2010 42 Declaration DECLARATION OF SCOTT B. HENRIE IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT RE: RECOVERY OF FRAUDULENT TRANSFERS RELATED TO INSURANCE UNDER RCW 19.40 ET. SEQ. & ATTACHED EXHIBITS (Related document(s)41 Motion for Summary Judgment)... Filed by Scott B Henrie on behalf of James Rigby. (Attachments: 1 Exhibit ATTACHMENT 1 - Exhibits F-M2 Exhibit ATTACHMENT 2 - Exhibit N - Pages 1-163 Exhibit ATTACHMENT 3 - Exhibit N - Pages 17-344 Exhibit ATTACHMENT 4 - Exhibit N - Pages 35-625 Exhibit ATTACHMENT 5 - Exhibit N - Pages 63-916 Exhibit ATTACHMENT 6 - Exhibit N - Pages 92-1187 Exhibit ATTACHMENT 7 - Exhibit O - Pages 1-488 Exhibit ATTACHMENT 8 - Exhibit O- Pages 49-959 Exhibit ATTACHMENT 9 - Exhibit O - Pages 96-132) (Henrie, Scott) (Entered: 08/27/2010 at 22:06:01)
08/27/2010 43 Statement STATEMENT OF UNCONTROVERTED FACTS PURSUANT TO LR 7056-1 (Related document(s)41 Motion for Summary Judgment)... Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 08/27/2010 at 22:07:48)
08/27/2010 44 Proof of Service . Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)41 Motion for Summary Judgment). (Henrie, Scott) (Entered: 08/27/2010 at 22:10:14)
08/30/2010 45 Supplemental Filing of Attachment 6, Exhibit N pp. 92-118 - correcting scanning error which omitted pp. 109-115. Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)42 Declaration). (Henrie, Scott) (Entered: 08/30/2010 at 10:49:29)
09/02/2010 46 Notice of Release of Lien on Property of the Estate (Related document(s)31 Judgment). Filed by Aimee S Willig on behalf of James Rigby. (Willig, Aimee) (Entered: 09/02/2010 at 12:44:54)
09/10/2010 47 Letter From Chambers To: Counsel continuing the Plaintiff's Motion for Summary Judgment Re: Recovery of Fraudulent Transfers Related to Insurance Under RCW 19.40 et seq., to be heard on 10/1/2010 at 10:00 AM at Judge Steiner's Courtroom, U.S. Courthouse, Room 8206. (Related document(s)41 (USBC Staff - Brooks, Janice) (Entered: 09/10/2010 at 11:34:10)
09/17/2010 48 Response to Motion for Summary Judgment (Related document(s)41 Motion for Summary Judgment)... Filed by Donald A Bailey on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Attachments: 1 Pleading Responding Party's Statement of Genuine Issues of Fact2 Pleading Declaration of Thomas W Kenyon, part 13 Pleading Declaration of Thomas W Kenyon, part 24 Pleading Declaration of Michael K Mastro5 Exhibit MKM Declaration Exhibit A6 Pleading MKM Declaration Exhibit B7 Pleading MKM Declaration Exhibit C8 Pleading MKM Declaration Exhibit D9 Pleading MKM Declaration Exhibit E10 Exhibit MKM Declaration Exhibit F11 Exhibit MKM Declaration Exhibit G12 Exhibit MKM Declaration Exhibit H13 Exhibit MKM Declaration Exhibit I14 Exhibit MKM Declaration Exhibit J) (Bailey, Donald) (Entered: 09/17/2010 at 13:33:36)
09/21/2010 49 Reply REPLY TO DEFENDANTS' OPPOSITION TO (Related Doc 41 Motion) PLAINTIFF TRUSTEE'S MOTION FOR SUMMARY JUDGMENT RE: RECOVERY OF FRAUDULENT TRANSFERS RELATED TO INSURANCE UNDER RCW 19.40 ET SEQ. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) Modified on 9/22/2010 to create link to motion. (USBC Staff - Birkland, Judy) (Entered: 09/21/2010 at 22:04:46)
09/22/2010 50 Proof of Service for REPLY TO DEFEDNANTS' OPPOSITION TO PLAINTIFF TRUSTEE'S MOTION FOR SUMMARY JUDGMENT RE: RECOVERY OF FRAUDULENT TRANSFERS RELATED TO INSURANCE UNDER RCW 19.40 ET SEQ.. Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)41 Motion for Summary Judgment). (Henrie, Scott) (Entered: 09/22/2010 at 16:20:16)
10/04/2010 51 ORDER Reassigning Case. Case reassigned to Judge Barreca per Judge Overstreets Order. (USBC Staff - Brazil, Victoria) (Entered: 10/04/2010 at 14:46:33)
10/06/2010 52 Sent to BNC for Mailing: ORDER Reassigning Case. Case reassigned to Judge Barreca per Judge Overstreet's Order (Related document(s)51 Order GENERIC). (USBC Staff - Brazil, Victoria) (Entered: 10/06/2010 at 12:42:08)
10/08/2010 53 BNC Certificate of Notice (Related document(s)52 Miscellaneous Mailing of PDF Document by the BNC). Service Date 10/08/2010. (Admin.) (Entered: 10/08/2010 at 21:43:13)
10/27/2010 54 Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature Order Denying Plaintiff's Motion for Summary Judgment. Filed by Donald A Bailey on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Related document(s)41 Motion for Summary Judgment, 48 Response, 49 Reply, Minutes Hearing Held). (Bailey, Donald) (Entered: 10/27/2010 at 10:39:09)
10/28/2010 55 Notice of Continued Pretrial Conference. Hearing scheduled for 12/10/2010 at 01:30 PM at Judge Barreca's Courtroom, US Courthouse, Room 7106. (JLB) (Entered: 10/28/2010 at 08:03:37)
11/01/2010 56 ORDER Denying Plaintiff's Motion for Summary JUDGMENT (Related Doc # 41), Signed on 11/1/2010. (JLB) (Entered: 11/01/2010 at 16:35:15)
11/03/2010 57 BNC Certificate of Notice (Related document(s)56 Order Re Motion for Summary Judgment). Service Date 11/03/2010. (Admin.) (Entered: 11/03/2010 at 22:02:21)
12/13/2010 58 Notice of Trial and ORDER Setting Deadlines. Trial to commence at 9:30 AM on August 22, 23, and 24, 2011. (JLB) (Entered: 12/13/2010 at 14:46:04)
12/15/2010 59 BNC Certificate of Notice (Related document(s)58 Notice of Trial and Order Setting Deadlines). Service Date 12/15/2010. (Admin.) (Entered: 12/15/2010 at 21:43:06)
01/11/2011 60 Change of Firm Name for Attorney Aimee E Willig from Bush Strout & Kornfeld to Bush Strout & Kornfeld LLP. (JAT) (Entered: 01/24/2011 at 14:08:47)
02/03/2011 61 Motion Trustee's Motion and Declaration for Order and Entry of Supplemental Judgment with Notice of Hearing. Filed by Scott B Henrie on behalf of James Rigby The Hearing date is set for 3/4/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 2/25/2011. (Attachments: 1 Proposed Order Granting Trustee's Motion for Order and Entry of Supplemental Judgment) (Henrie, Scott) (Entered: 02/03/2011 at 13:13:48)
02/03/2011 62 Notice of Hearing on Trustee's Motion and Declaration for Order and Entry of Supplemental Judgment (Related document(s)61 Motion Trustee's Motion and Declaration for Order and Entry of Supplemental Judgment). Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 02/03/2011 at 13:17:14)
02/28/2011 63 Declaration of No Objection TO TRUSTEE'S MOTION FOR ORDER AND ENTRY OF SUPPLEMENTAL JUDGMENT (Related document(s)61 Motion). Proof of Service. Filed by Scott B Henrie on behalf of James Rigby. (Attachments: 1 Proposed Order ORDER GRANTING TRUSTEE'S MOTION FOR ORDER AND ENTRY OF SUPPLEMENTAL JUDGMENT) (Henrie, Scott) (Entered: 02/28/2011 at 11:57:29)
02/28/2011 64 Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature ORDER GRANTING TRUSTEE'S MOTION FOR ORDER AND ENTRY OF SUPPLEMENTAL JUDGMENT. Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)61 Motion). (Henrie, Scott) (Entered: 02/28/2011 at 11:59:53)
03/01/2011 65 Memorandum from BAP Regarding Appeal. Internal Appeal No 10-S010 BAP Appeal No WW-10-1099 Decision Affirmed in Part Reversed in Part (Related document(s)34 Notice of Appeal). (CMH) (Entered: 03/02/2011 at 12:10:22)
03/01/2011 66 Final Order By The BAP Panel, at BAP. Re: Appeal # 10-S010; BAP Appeal #WW-10-1099 Affirmed in Part Reversed in Part. (Related document(s)34 Notice of Appeal, 39 Certificate of Readiness). Check Status of Appeal by 5/2/2011. (CMH) (Entered: 03/02/2011 at 12:13:56)
03/01/2011 78 Final Judgment BAP. Re: Appeal # 10-S010, WW-10-1099; Affirmed in Part Reversed in Part. (Related document(s)34 Notice of Appeal). Check Status of Appeal by 5/2/2011. Check Status of Appeal by 5/2/2011. (Attachments: 1 Proof of Service) (CMH) (Entered: 03/24/2011 at 12:16:41)
03/01/2011 79 Memorandum from BAP re: Appeal 10-S010, WW-10-1099 (Related document(s)34 Notice of Appeal). (CMH) (Entered: 03/24/2011 at 12:19:24)
03/11/2011 67 Emergency Motion Trustee's Ex Parte Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt and for Relief Regarding Transfers of Life Insurance Death Benefits Out of Michael K. Mastro, LLC.. Filed by Scott B Henrie on behalf of James Rigby (Attachments: 1 Proposed Order Ex Parte Order Compelling Defendants to Revoke Beneficiary Change Forms, Construing Existing Preliminary Injunction and Order to Show Cause) (Henrie, Scott) (Entered: 03/11/2011 at 15:02:14)
03/11/2011 68 Declaration of Scott B. Henrie in Support of Trustee's Ex Parte Emergency Motion for an Order to Show Cause Why Defendants Should Not Be Held in Contempt and for Relief Regarding Transfers of Life Insurance Death Benefits Out of Michael K. Mastro, LLC (Related document(s)67 Motion). Proof of Service. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 03/11/2011 at 15:05:00)
03/11/2011 69 Emergency Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature proposed Ex Parte Order Compelling Defendants to Revoke Beneficiary Change Forms, Construing Existing Preliminary Injunction and Order to Show Cause. Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)67 Motion, 68 Declaration). (Henrie, Scott) (Entered: 03/11/2011 at 15:09:39)
03/11/2011 70 ORDER to Show Cause for Why Defendants Should Not Be Held in Contempt and for Relief Regarding Transfers of Life Insurance Death Benefits Out of Michael K. Mastro, LLC. . Show Cause hearing date is set for 3/15/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. (DR) (Entered: 03/11/2011 at 16:52:58)
03/11/2011 73 Proof of Service: Subpoena in an Adversary Proceeding; Notice of Deposition; Witness Fee Check served on Chris Kosmos. Filed by Counsel for Plaintiff. (JLB) (Entered: 03/14/2011 at 17:53:43)
03/12/2011 71 Order Granting Trustee's Motion for Order and Entry of Supplemental JUDGMENT (Related document(s)61 Motion). (JLB) (Entered: 03/12/2011 at 23:32:18)
03/14/2011 72 Response to Order to Show Cause (Related document(s)67 Motion, 70 Order to Show Cause)... Filed by Donald A Bailey on behalf of Michael K Mastro, Michael K Mastro LLC. (Bailey, Donald) (Entered: 03/14/2011 at 15:04:48)
03/14/2011 74 Reply Reply in Support of Trustees Ex Parte Emergency Motion for an Order to Show Cause Why Defendants Should not be Held in Contempt and for Relief Regarding Transfers of Life Insurance Death Benefits Out of Michael K. Mastro, LLC (Related document(s)67 Motion). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 03/14/2011 at 23:12:43)
03/16/2011 75 BNC Certificate of Notice (Related document(s)71 Judgment). Service Date 03/16/2011. (Admin.) (Entered: 03/16/2011 at 21:31:30)
03/17/2011 76 Memorandum of Points and Authorities Additional Briefing on Order to Show Cause/Request for Appointment of Receiver (Related document(s)67 Motion, 68 Declaration, 69 Received UNSIGNED Order, 70 Order to Show Cause, 72 Response, 74 Reply, Minutes Hearing Held). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Attachments: 1 Proposed Order Proposed Supplemental Order on Trustee's Ex Parte Emergency Motion for an Order to Show Cause Why Defendants Should Not Be Held in Contempt and for Relief Regarding Transfers of Life Insurance Death Benefits Out of Michael K. Mastro LLC) (Borde, Manish) (Entered: 03/17/2011 at 11:33:11)
03/21/2011 77 Response to Suggestion for Appointment of Receiver (Related document(s)Minutes Hearing Held, 76 Memorandum of Points and Authorities)... Filed by Donald A Bailey on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Bailey, Donald) (Entered: 03/21/2011 at 11:28:59)
03/30/2011 80 Notice of Appeal to the 9th Circuit # 10-S010 (Related document(s)34 Notice of Appeal). Check Status of Appeal by 5/31/2011. (CMH) (Entered: 03/30/2011 at 14:40:23)
04/07/2011 81 Agreed Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature Supplemental Agreed Order on Preliminary Injunction. Filed by Manish Borde on behalf of James Rigby. (Related document(s)67 Motion, 70 Order to Show Cause, Minutes Hearing Held, 76 Memorandum of Points and Authorities, 77 Response, Minutes Hearing Held). (Borde, Manish) (Entered: 04/07/2011 at 11:44:14)
04/11/2011 82 Supplemental Agreed ORDER on Preliminary Injunction (Related document(s)15 Order GENERIC). (JCF) (Entered: 04/11/2011 at 14:08:58)
05/10/2011 83 Notice of Appeal to the 9th Circuit # 10-S010 (Related document(s)34 Notice of Appeal). Check Status of Appeal by 7/11/2011. (CMH) (Entered: 05/12/2011 at 17:38:57)
05/27/2011 84 Motion for Restitution Following Reversal of Judgment on Appeal with Notice of Hearing. Filed by Donald A Bailey on behalf of Michael K Mastro The Hearing date is set for 6/24/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 6/17/2011. (Attachments: 1 Notice of Hearing 2 Proposed Order) (Bailey, Donald) (Entered: 05/27/2011 at 16:31:14)
05/27/2011 85 Ex Parte Stipulation by and between Plaintiff and Defendants to Continue Deadlines to Disclose Expert Witnesses. Filed by Manish Borde on behalf of James Rigby. (Attachments: 1 Proposed Order) (Borde, Manish) (Entered: 05/27/2011 at 16:42:00)
05/27/2011 86 Ex Parte Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature . Filed by Manish Borde on behalf of James Rigby. (Related document(s)85 Stipulation). (Borde, Manish) (Entered: 05/27/2011 at 16:45:01)
06/07/2011 87 Agreed ORDER Granting Continuance of Deadlines to Disclose Expert Witnesses (Related document(s)85 Stipulation). (PBR) (Entered: 06/07/2011 at 13:07:31)
06/17/2011 88 Trustee's Opposition to Motion for Restitution (Related document(s)84 Motion). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Attachments: # 1 Proposed Order proposed Order Denying Motion for Restitution) (Borde, Manish) Modified on 6/20/2011 correct text. (USBC Staff - Birkland, Judy) (Entered: 06/17/2011 at 14:02:51)
06/17/2011 89 Declaration of Scott B. Henrie in Support of Opposition to Motion for Restitution (Related document(s)84 Motion, 88 Response). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 06/17/2011 at 14:05:18)
06/17/2011 90 Declaration of Matthew Green in Support of Opposition to Motion for Restitution (Related document(s)84 Motion, 88 Response, 89 Declaration). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 06/17/2011 at 14:07:34)
06/17/2011 91 Motion Notice of Hearing and Trustee's Motion for Continuance of Trial and Discovery Cutoff Dates with Notice of Hearing. Filed by Manish Borde on behalf of James Rigby The Hearing date is set for 7/8/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 7/1/2011. (Attachments: # 1 Proposed Order) (Borde, Manish) (Entered: 06/17/2011 at 17:18:44)
06/17/2011 92 Notice of Hearing on Trustee's Motion for Continuance of Trial and Discovery Cutoff Dates (Related document(s)91 Motion Notice of Hearing and Trustee's Motion for Continuance of Trial and Discovery Cutoff Dates). Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 06/17/2011 at 17:24:15)
06/21/2011 93 Reply to Opposition to Motion for Restitution (Related document(s)84 Motion, Notice to Court of Intent to Argue, 88 Response)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Attachments: # 1 Pleading Declaration of Michael K Mastro) (Bailey, Donald) (Entered: 06/21/2011 at 23:44:11)
06/24/2011 94 Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature ORDER ON MOTION OF FORMER JUDGMENT DEBTOR FOR RESTITUTION. Filed by Donald A Bailey on behalf of Michael K Mastro. (Related document(s)84 Motion, Minutes Hearing Held). (Bailey, Donald) (Entered: 06/24/2011 at 17:20:01)
06/28/2011 95 ORDER on Motion of Former Judgment Debtor for Restitution (Related Doc # 84), Signed on 6/28/2011. (JLB) (Entered: 06/28/2011 at 16:12:26)
06/30/2011 96 BNC Certificate of Notice (Related document(s) 95 Order Re Motion to). Notice Date 06/30/2011. (Admin.) (Entered: 06/30/2011 at 21:28:29)
07/01/2011 97 Response to Motion to Continue Trial Date (Related document(s)91 Motion)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 07/01/2011 at 08:06:07)
07/05/2011 98 Trustee's Reply in Support of Motion to Continue Discovery Cut Offs and Trial Date (Related document(s)91 Motion, 92 Hearing Notice, 97 Response, Notice to Court of Intent to Argue). Proof of Service. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 07/05/2011 at 11:07:29)
07/20/2011 99 Ex Parte Stipulation by and between Plaintiff and Defendants to Continue Pretrial Deadlines. Filed by Manish Borde on behalf of James Rigby. (Related document(s)58 Notice of Trial and Order Setting Deadlines, 87 Order GENERIC, Minutes Hearing Held). (Attachments: # 1 Proposed Order Agreed Order on Stipulation to Continue Pretrial Deadlines) (Borde, Manish) (Entered: 07/20/2011 at 14:34:47)
07/20/2011 100 Ex Parte Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature Agreed Order on Stipulation to Continue Pretrial Deadlines. Filed by Manish Borde on behalf of James Rigby. (Related document(s)99 Stipulation). (Borde, Manish) (Entered: 07/20/2011 at 14:36:51)
07/20/2011 101 Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature Order Conditionally Denying Motion to Continue Trial Date. Filed by Donald A Bailey on behalf of Michael K Mastro, Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Related document(s)92 Hearing Notice, 97 Response, Notice to Court of Intent to Argue, 98 Reply, Minutes Hearing Held). (Bailey, Donald) (Entered: 07/20/2011 at 15:36:42)
07/21/2011 102 Proof of Service on Northern Trust Bank. Subpoena and Notice of Deposition. (JLB) (Entered: 07/22/2011 at 14:34:29)
07/21/2011 103 Proof of Service on Walt Shields: Subpoena and Notice of Deposition. (JLB) (Entered: 07/22/2011 at 14:36:52)
07/22/2011 104 Motion for Leave to Amend Answer with Notice of Hearing. Filed by Donald A Bailey on behalf of Michael K Mastro The Hearing date is set for 8/11/2011 at 11:30 AM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 8/4/2011. (Attachments: # 1 Notice of Hearing # 2 Exhibit Proposed Amendment to Answer) (Bailey, Donald) (Entered: 07/22/2011 at 17:18:09)
07/22/2011 105 Motion to Withdraw as Attorney for MKM LLCs with Notice of Hearing. Filed by Donald A Bailey on behalf of Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC The Hearing date is set for 8/11/2011 at 11:30 AM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 8/4/2011. (Attachments: # 1 Notice of Hearing) (Bailey, Donald) (Entered: 07/22/2011 at 17:19:41)
07/24/2011 106 Agreed ORDER on Stipulation to Continue Pretrial Deadlines (Related document(s)99 Stipulation). (JLB) (Entered: 07/24/2011 at 15:42:29)
07/24/2011 107 ORDER Conditionally Denying Trustee's Motion to Continue Discovery Cutoffs and Trial Date (Related Doc # 91), Signed on 7/24/2011. (JLB) (Entered: 07/24/2011 at 15:45:34)
07/27/2011 108 BNC Certificate of Notice (Related document(s) 106 Order GENERIC). Notice Date 07/27/2011. (Admin.) (Entered: 07/27/2011 at 21:39:17)
07/27/2011 109 BNC Certificate of Notice (Related document(s) 107 Order Re Motion to). Notice Date 07/27/2011. (Admin.) (Entered: 07/27/2011 at 21:39:17)
08/04/2011 110 Response to TRUSTEE'S RESPONSE TO MOTION FOR LEAVE TO AMEND ANSWER OF DEFENDANT MICHAEL K. MASTRO (Related document(s)104 Motion). Proof of Service. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 08/04/2011 at 18:37:58)
08/09/2011 111 Reply in Support of Motion for Leave to Amend Answer (Related document(s)104 Motion, 105 Motion to Withdraw as Attorney, Notice to Court of Intent to Argue, Notice to Court of Intent to Argue, 110 Response)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 08/09/2011 at 11:44:14)
08/10/2011 169 Final Order from the 9th Circuit Court of Appeals. Re: Appeal # 10-S010, BAP WW-10-1099; Dismissed. (Related document(s)34 Notice of Appeal, 66 Final Order on Appeal, 78 Final Order on Appeal, 80 Notice of Appeal to the 9th Circuit, 83 Notice of Appeal to the 9th Circuit). Check Status of Appeal by 1/9/2012. Check Status of Appeal by 1/9/2012. (Attachments: # 1 Mandate) (CMH) (Entered: 12/16/2011 at 12:24:57)
08/11/2011 112 Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature Order Authorizing Withdrawal of Shafer & Bailey LLP as Attorneys for MKM LLC, MKM II LLC and MKM III LLC. Filed by Donald A Bailey on behalf of Michael K Mastro II LLC, Michael K Mastro III LLC, Michael K Mastro LLC. (Related document(s)105 Motion to Withdraw as Attorney, Notice to Court of Intent to Argue, Minutes Hearing Held). (Bailey, Donald) (Entered: 08/11/2011 at 14:03:26)
08/12/2011 113 ORDER Granting Leave to Withdraw as Counsel for LLC Defendants (Related Doc # 105), Signed on 8/12/2011. (JLB) (Entered: 08/12/2011 at 14:26:51)
08/14/2011 114 BNC Certificate of Notice (Related document(s) 113 Order Re Motion to Withdraw as Attorney). Notice Date 08/14/2011. (Admin.) (Entered: 08/14/2011 at 21:33:59)
08/22/2011 115 Notice of Presentation of Order. Description: Authorizing Amendment of Answer Filed by Donald A Bailey on behalf of Michael K Mastro. Presentment to be held on 8/29/2011 at 09:30 AM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. (Attachments: # 1 Proposed Order # 2 Pleading Proposed Amendment to Answer)(Bailey, Donald) (Entered: 08/22/2011 at 15:54:42)
08/22/2011 116 Motion In Limine with Notice of Hearing. Filed by Donald A Bailey on behalf of Michael K Mastro The Hearing date is set for 8/29/2011 at 09:30 AM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 8/29/2011. (Bailey, Donald) (Entered: 08/22/2011 at 15:59:18)
08/22/2011 117 Brief TRIAL BRIEF. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 08/22/2011 at 23:53:01)
08/23/2011 118 Defendant's Brief for Trial. Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 08/23/2011 at 15:00:04)
08/25/2011 119 Supplemental Filing of TRUSTEE'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)117 Brief). (Henrie, Scott) (Entered: 08/25/2011 at 17:53:30)
08/26/2011 120 Agreed Received UNSIGNED Order. Forwarded to Chambers for Judge's Signature Pretrial Order. Filed by Scott B Henrie on behalf of James Rigby. (Related document(s)106 Order GENERIC, Minutes Hearing Held). (Attachments: # 1 Exhibit A - Plaintiff Trustee's Trial Exhibits List# 2 Exhibit B - Defendant's Trial Exhibits List) (Henrie, Scott) (Entered: 08/26/2011 at 16:50:23)
08/29/2011 121 ORDER Granting Leave to Amend Answer of Michael K Mastro (Related Doc # 104) Signed on 8/29/2011. . (SYL) (Entered: 08/29/2011 at 12:27:19)
08/29/2011 122 PreTrial ORDER . (DR) (Entered: 08/31/2011 at 08:37:46)
09/01/2011 170 Mandate from the 9th Circuit Court of Appeals 11-60020 BAP #WW-10-1099 (Related document(s)34 Notice of Appeal, 80 Notice of Appeal to the 9th Circuit, 83 Notice of Appeal to the 9th Circuit, 169 Final Order on Appeal). (CMH) (Entered: 12/16/2011 at 12:29:24)
10/14/2011 123 Notice of Presentation of Order. Description: Judgment Following Trial . Filed by Donald A Bailey on behalf of Michael K Mastro. Presentment to be held on 10/21/2011 at 09:30 AM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. (Bailey, Donald) (Entered: 10/14/2011 at 18:45:51)
10/20/2011 124 DOCKETED IN ERROR: Wrong PDF, Wrong Case. Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Borde, Manish. Related document 91 Modified on 10/20/2011. (USBC Staff - Birkland, Judy) (Entered: 10/20/2011 at 16:31:01)
10/20/2011 125 Trustee's Objection to Notice of Presentation (with attached Judgment) (Related document(s)123 Notice of Presentation of Order, Minutes Hearing Held). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 10/20/2011 at 17:17:31)
10/20/2011 126 Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Borde, Manish. Related document 125 (Entered: 10/20/2011 at 17:31:02)
10/24/2011 127 Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Shafer, James. Related document 123 (Entered: 10/24/2011 at 10:31:02)
10/25/2011 128 Submitted But Not Entered (Related document(s)123 Notice of Presentation of Order). (JLB) (Entered: 10/25/2011 at 16:05:24)
10/25/2011 129 JUDGMENT (Related document(s)123 Notice of Presentation of Order). Case Can Close: 11/15/2011. (JLB) (Entered: 10/25/2011 at 16:10:01)
10/27/2011 130 BNC Certificate of Notice (Related document(s) 129 Judgment). Notice Date 10/27/2011. (Admin.) (Entered: 10/27/2011 at 21:31:29)
10/28/2011 131 Trustee's Motion Notice of Hearing and Trustee's Motion for Prejudment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds and Notice of Hearing Filed by Manish Borde on behalf of James Rigby. The Hearing date is set for 11/18/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 11/10/2011. (Attachments: # 1 Proposed Order Granting Trustee's Motion for Prejudgment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds)(Borde, Manish) (Entered: 10/28/2011 at 17:58:58)
10/28/2011 132 Ex Parte Motion to Shorten Time Chapter 7 Trustee's Motion to Shorten Time on Hearing Re: Motion for Prejudgment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds.. Filed by Manish Borde on behalf of James Rigby (Attachments: # 1 Proposed Order Ex Parte Order Granting Chapter 7 Trustee's Motion to Shorten Time on Hearing Re: Motion for Prejudment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds) (Borde, Manish) (Entered: 10/28/2011 at 18:03:26)
10/28/2011 133 Ex Parte Declaration of Scott B. Henrie in Support of Chapter 7 Trustee's Motion to Shorten Time on Hearing Re: Motion for Prejudgment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds (Related document(s)131 Ch 7 Tr Motion and Notice of Hearing, 132 Motion to Shorten Time). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 10/28/2011 at 18:06:21)
10/28/2011 134 Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Borde, Manish. Related document 132 (Entered: 10/28/2011 at 18:31:01)
10/29/2011 135 Response to Motion for Pre-Judgment Attachment (Related document(s)131 Ch 7 Tr Motion and Notice of Hearing)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 10/29/2011 at 16:54:08)
10/29/2011 136 Motion for Sanctions for and To Compel Compliance with Judgment with Notice of Hearing... Filed by Donald A Bailey on behalf of Michael K Mastro The Hearing date is set for 11/18/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 11/10/2011. (Bailey, Donald) (Entered: 10/29/2011 at 16:58:21)
10/29/2011 137 Motion to Shorten Time on Motion to Compel Compliance with Judgment.. Filed by Donald A Bailey on behalf of Michael K Mastro (Attachments: # 1 Proposed Order) (Bailey, Donald) (Entered: 10/29/2011 at 16:59:54)
10/29/2011 138 Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Bailey, Donald. Related document 137 (Entered: 10/29/2011 at 17:31:01)
10/31/2011 139 Trustee's Motion to Amend the Pleadings to Conform to the Evidence and Notice of Hearing Filed by Scott B Henrie on behalf of James Rigby. The Hearing date is set for 12/9/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 12/2/2011. (Attachments: # 1 Proposed Order Granting Trustee's Motion to Amend the Pleadings to Conform to the Evidence)(Henrie, Scott) (Entered: 10/31/2011 at 14:16:08)
10/31/2011 140 Ex Parte Motion to Shorten Time on Hearing re: Motion to Amend the Pleadings to Conform to the Evidence.. Filed by Scott B Henrie on behalf of James Rigby (Attachments: # 1 Proposed Order Ex Parte Order Granting Chapter 7 Trustee's Motion to Shorten Time on Hearing re: Motion to Amend the Pleadings to Conform to the Evidence) (Henrie, Scott) (Entered: 10/31/2011 at 14:30:16)
10/31/2011 141 Ex Parte Declaration of Scott B. Henrie in Support of Chapter 7 Trustee's Motion to Shorten Time on Hearing re Motion to Amend the Pleadings to Conform to the Evidence (Related document(s)140 Motion). Proof of Service. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 10/31/2011 at 14:32:49)
10/31/2011 142 Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Henrie, Scott. Related document 140 (Entered: 10/31/2011 at 15:02:01)
11/02/2011 143 Objection to Shortening of Time for Hearing on Trustee's Motion to Amend Pleadings to Conform to the Evidence (Related document(s)140 Motion)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 11/02/2011 at 14:22:38)
11/02/2011 144 ORDER Granting Motion to Shorten Time (Related Doc # 137) (RE: related document(s)136 Motion for Sanctions for and To Compel Compliance with Judgment with Notice of Hearing. Filed by Donald A Bailey on behalf of Michael K Mastro. The Hearing date is set for 11/4/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. (Bailey, Donald)). (JLB) (Entered: 11/02/2011 at 14:26:06)
11/02/2011 145 ORDER Granting Motion to Shorten Time (Related Doc # 132) (RE: related document(s)131 Trustee's Motion Notice of Hearing and Trustee's Motion for Prejudment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds and Notice of Hearing. Filed by Manish Borde on behalf of James Rigby. The Hearing date is set for 11/4/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 11/1/2011. (Borde, Manish)). (JLB) (Entered: 11/02/2011 at 14:50:01)
11/02/2011 146 ORDER Shortening Time for Hearing (Related document(s)139 Ch 7 Trustee's Motion to Amend the Pleadings to Conform to the Evidence and Notice of Hearing). The Hearing date is set for 11/4/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 11/2/2011. (JLB) (Entered: 11/02/2011 at 15:01:05)
11/03/2011 147 Response to Motion to Amend Pleadings to Conform to Evidence (Related document(s)139 Ch 7 Tr Motion and Notice of Hearing)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 11/03/2011 at 16:11:31)
11/03/2011 148 Trustee's Reply in Support of Motion for Prejudgment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds and Opposition to Defendant's Cross-Motion to Compel Compliance with Judgment (Related document(s)131 Ch 7 Tr Motion and Notice of Hearing, 135 Response, 136 Motion for Sanctions Other). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 11/03/2011 at 20:06:11)
11/03/2011 149 Declaration of Manish Borde Supporting Trustee's Reply in Support of Motion for Prejudgment Remedies or, In the Alternative, Motion to Enjoin Disposition of Funds and Opposition to Defendants' Cross-Motion to Compel Compliance with Judgment, (Related document(s)131 Motion, 148 Reply). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Attachments: # 1 Exhibit A to Declaration of Manish Borde) (Borde, Manish) Modified on 11/4/2011 to create link to motion. (Birkland, Judy) (Entered: 11/03/2011 at 20:11:05)
11/03/2011 150 BNC Certificate of Notice (Related document(s) 131 Ch 7 Tr Motion and Notice of Hearing). Notice Date 11/03/2011. (Admin.) (Entered: 11/03/2011 at 21:35:53)
11/03/2011 151 BNC Certificate of Notice (Related document(s) 139 Ch 7 Tr Motion and Notice of Hearing). Notice Date 11/03/2011. (Admin.) (Entered: 11/03/2011 at 21:35:53)
11/07/2011 152 Transcript regarding Hearing Held 10/07/2011 RE: oral ruling. Remote electronic access to the transcript is restricted until 02/6/2012. The transcript may be viewed at the Bankruptcy Court Clerk's Office. Contact the Court Reporter/Transcriber Robyn Fiedler, Telephone number 425-433-8064.. Notice of Intent to Request Redaction Deadline Due By 11/14/2011. Redaction Request Due By 11/28/2011. Redacted Transcript Submission Due By 12/8/2011. Transcript access will be restricted through 02/6/2012. (Court Reporter - Fiedler, Robyn) (Entered: 11/07/2011 at 10:43:18)
11/07/2011 153 Transcript regarding Hearing Held 08/11/2011 RE: proceedings. Remote electronic access to the transcript is restricted until 02/6/2012. The transcript may be viewed at the Bankruptcy Court Clerk's Office. Contact the Court Reporter/Transcriber Robyn Fiedler, Telephone number 425-433-8064.. Notice of Intent to Request Redaction Deadline Due By 11/14/2011. Redaction Request Due By 11/28/2011. Redacted Transcript Submission Due By 12/8/2011. Transcript access will be restricted through 02/6/2012. (Court Reporter - Fiedler, Robyn) (Entered: 11/07/2011 at 10:44:19)
11/07/2011 154 Motion to Reconsider Order of Dismissal TRUSTEE'S MOTION FOR A NEW TRIAL AND/OR TO ALTER OR AMEND A JUDGMENT PURSUANT TO FED. R. CIV. P. 59 Filed by Manish Borde on behalf of James Rigby (Borde, Manish) (Entered: 11/07/2011 at 18:12:20)
11/07/2011 155 Motion MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING with Notice of Hearing. Filed by Manish Borde on behalf of James Rigby The Hearing date is set for 12/9/2011 at 01:30 PM at Judge Barreca's Courtroom, U.S. Courthouse, Room 7106. Response due by 12/2/2011. (Attachments: # 1 Proposed Order) (Borde, Manish) (Entered: 11/07/2011 at 19:31:00)
11/07/2011 156 Declaration DECLARATION OF MANISH BORDE IN SUPPORT OF TRUSTEE'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING (Related document(s)155 Motion). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 11/07/2011 at 19:34:48)
11/07/2011 157 Motion TRUSTEE'S MOTION TO SHORTEN TIME ON HEARING RE: MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING Filed by Manish Borde on behalf of James Rigby (Attachments: # 1 Proposed Order) (Borde, Manish) (Entered: 11/07/2011 at 19:42:07)
11/07/2011 158 Declaration DECLARATION OF MANISH BORDE IN SUPPORT OF TRUSTEE'S MOTION TO SHORTEN TIME ON HEARING RE: MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING (Related document(s)157 Motion). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 11/07/2011 at 19:46:49)
11/07/2011 159 Received UNSIGNED Order Forwarded to Chambers for Judge's Signature. Filed by Borde, Manish. Related document 157 (Entered: 11/07/2011 at 22:05:38)
11/09/2011 160 ORDER Shortening Time for Hearing (Related document(s)155 Motion to File Supplemental Pleading). (JLB) (Entered: 11/09/2011 at 13:13:24)
11/09/2011 161 Response to Trustee's Post-Trial Motions (Related document(s)131 Ch 7 Tr Motion and Notice of Hearing, 139 Ch 7 Tr Motion and Notice of Hearing, 154 Motion to Reconsider, 155 Motion)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 11/09/2011 at 15:22:40)
11/10/2011 162 Reply TRUSTEE'S REPLY IN SUPPORT OF MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADING (Related document(s)155 Motion, 157 Motion). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 11/10/2011 at 20:12:27)
11/14/2011 163 ORDER Denying Trustee's Motion for Prejudgment Remedies (Related Doc # 131), Denying Trustee's Motion to Amend the Pleadings to Conform to the Evidence (Related Doc # 139), Deferring Motion to Reconsider (Related Doc # 154), Deferring Motion to File Supplemental Pleading (Related Doc # 155). (JLB) (Entered: 11/14/2011 at 13:56:20)
11/16/2011 164 BNC Certificate of Notice (Related document(s) 163 Order Re Tr Motion). Notice Date 11/16/2011. (Admin.) (Entered: 11/16/2011 at 21:44:34)
12/05/2011 165 Reply TRUSTEE'S POSITION WITH RESPECT TO POST-TRIAL MOTIONS (Related document(s)136 Motion for Sanctions Other, 154 Motion to Reconsider, 155 Motion). Proof of Service. Filed by Manish Borde on behalf of James Rigby. (Borde, Manish) (Entered: 12/05/2011 at 16:08:44)
12/05/2011 166 Response to Second Omnibus response to Trustee's Post-Trial Motions (Related document(s)154 Motion to Reconsider, 155 Motion, Minutes Hearing Held, Minutes Hearing Held, Notice to Court of Intent to Argue, Notice to Court of Intent to Argue, 165 Reply)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 12/05/2011 at 16:20:47)
12/05/2011 167 Reply To Trustee's Abandonment of Post-Trial motions (Related document(s)165 Reply)... Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 12/05/2011 at 16:32:05)
12/09/2011 168 ORDER Denying Trustee's Post-Trial Motions (Related document(s)154 Motion to Reconsider, 155 Motion). (VAB) (Entered: 12/09/2011 at 14:13:01)
12/22/2011 171 Trustee's Notice of Appeal to BAP Internal Appeal #11-S045 BAP #WW-11-1738.. Fee Due $ 298 (Related document(s)129 Judgment, 163 Order Re Tr Motion, Order Re Tr Motion, Order Re Motion to Reconsider, Order Re Motion to, 168 Order GENERIC). Filed by Scott B Henrie on behalf of James Rigby. Record Transmission due by 01/12/2012, (Henrie, Scott) Modified on 12/29/2011 (Hardy, Cynthia). Modified on 3/9/2012 (Hardy, Cynthia). (Entered: 12/22/2011 at 11:36:24)
12/29/2011 172 Notice of Transmittal of Appeal to BAP Combined with Service of Notice of Appeal BK Internal Appeal Number 11-S045 (Related document(s)171 Notice of Appeal). (Attachments: # 1 Counsel Letter# 2 BAP Order# 3 Public Docket) (CMH) (Entered: 12/29/2011 at 10:20:48)
01/05/2012 173 Plaintiff's Designation of Contents For Inclusion in Record On Appeal Re: BK Internal Appeal No: 11-S045 BAP Appeal No: or USDC Appeal No. 11-1738. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 01/05/2012 at 14:23:13)
01/05/2012 174 Notice of Cross-Appeal (Related document(s)31 Judgment). Filed by Donald A Bailey on behalf of Michael K Mastro. (Bailey, Donald) (Entered: 01/05/2012 at 20:17:38)
01/05/2012 175 Notice of Appeal to BAP Appeal #12-S003 BAP #WW-12-1023.. Fee Due $ 298 (Related document(s)31 Judgment). Filed by Donald A Bailey on behalf of Michael K Mastro. Record Transmission due by 01/26/2012, (Bailey, Donald) Modified on 1/11/2012 (Hardy, Cynthia). Modified on 3/9/2012 (Hardy, Cynthia). (Entered: 01/05/2012 at 20:21:56)
01/06/2012 176 Plaintiff's Designation of Contents For Inclusion in Record On Appeal Corrected Re: BK Internal Appeal No: 11-S045 BAP Appeal No: or USDC Appeal No. 11-1738. Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 01/06/2012 at 09:57:46)
01/11/2012 177 Notice of Transmittal of Appeal to BAP Combined with Service of Notice of Appeal BK Internal Appeal Number 12-S003 (Related document(s)175 Notice of Appeal). (Attachments: # 1 Counsel Letter# 2 BAP Order# 3 Public Docket) (CMH) (Entered: 01/11/2012 at 12:57:04)
02/10/2012 178 Close Appeal Appeal BAP #10-1099 Internal Appeal #10-S010 9th Circuit #11-60020-11-60028 (Related document(s)34 Notice of Appeal). (CMH) (Entered: 02/10/2012 at 10:22:52)
02/13/2012 179 Satisfaction of Judgment of Remaining Final Judgment for $22,000.00 Plus Prejudgment Interest on Plaintiff's Motion for Summary Judgment re: Avoidance and Recovery of Post-Petition Transactions (Related document(s)31 Judgment, 129 Judgment). Filed by Scott B Henrie on behalf of James Rigby. (Henrie, Scott) (Entered: 02/13/2012 at 16:25:05)
02/29/2012 180 Transcript regarding Hearing Held 08/29/2011 RE: trial, a.m. session. Remote electronic access to the transcript is restricted until 05/29/2012. The transcript may be viewed at the Bankruptcy Court Clerk's Office. Contact the Court Reporter/Transcriber Robyn Fiedler, Telephone number 425-433-8064.. Notice of Intent to Request Redaction Deadline Due By 3/7/2012. Redaction Request Due By 03/21/2012. Redacted Transcript Submission Due By 04/2/2012. Transcript access will be restricted through 05/29/2012. (Court Reporter - Fiedler, Robyn) (Entered: 02/29/2012 at 09:36:28)
02/29/2012 181 Transcript regarding Hearing Held 08/29/2011 RE: trial, p.m. session. Remote electronic access to the transcript is restricted until 05/29/2012. The transcript may be viewed at the Bankruptcy Court Clerk's Office. Contact the Court Reporter/Transcriber Robyn Fiedler, Telephone number 425-433-8064.. Notice of Intent to Request Redaction Deadline Due By 3/7/2012. Redaction Request Due By 03/21/2012. Redacted Transcript Submission Due By 04/2/2012. Transcript access will be restricted through 05/29/2012. (Court Reporter - Fiedler, Robyn) (Entered: 02/29/2012 at 09:37:43)
02/29/2012 182 Transcript regarding Hearing Held 08/30/2011 RE: trial. Remote electronic access to the transcript is restricted until 05/29/2012. The transcript may be viewed at the Bankruptcy Court Clerk's Office. Contact the Court Reporter/Transcriber Robyn Fiedler, Telephone number 425-433-8064.. Notice of Intent to Request Redaction Deadline Due By 3/7/2012. Redaction Request Due By 03/21/2012. Redacted Transcript Submission Due By 04/2/2012. Transcript access will be restricted through 05/29/2012. (Court Reporter - Fiedler, Robyn) (Entered: 02/29/2012 at 09:39:01)
03/08/2012 183 Supplemental Transmittal of Record on Appeal BK Internal Appeal Number 11-S045 WW-11-1738 (Related document(s)173 Designation of Record on Appeal, 176 Designation of Record on Appeal). (CMH) Modified on 3/8/2012 (Hardy, Cynthia). (Entered: 03/08/2012 at 10:33:00)
03/08/2012 184 Notice to BAP of Deficient Appeal # 12-S003, WW-12-1203 (Related document(s)175 Notice of Appeal). Check Status of Appeal by 6/6/2012. (CMH) (Entered: 03/08/2012 at 10:55:52)
03/08/2012 185 Status Report from Bankruptcy Court to BAP Regarding Appeal Internal Appeal #12-S003 BAP #12-1023 (Related document(s)175 Notice of Appeal). (CMH) (Entered: 03/08/2012 at 12:20:18)
03/08/2012 186 Amended Notice to BAP of Deficient Appeal # 12-S003, WW-12-1023 (Related document(s)175 Notice of Appeal). Check Status of Appeal by 6/6/2012. (CMH) Modified on 3/8/2012 (Hardy, Cynthia). (Entered: 03/08/2012 at 12:51:20)
03/23/2012 187 Certificate of Readiness Transmitted to BAP. Case Number: 09 1101738 BK Internal Appeal Number 11-S045 (Related document(s)171 Notice of Appeal). Check Status of Appeal by 9/19/2012. (CMH) (Entered: 03/23/2012 at 09:22:41)
05/23/2013 188 Letter To and Subject: Judge Barreca re Correction of Transcript of Oral Ruling (Related document(s)152 Transcript). Filed by Donald A Bailey on behalf of Michael K Mastro. (Attachments: # 1 Exhibit Highlighted Transcript) (Bailey, Donald) (Entered: 05/23/2013 at 12:28:32)
05/23/2013 189 Transcript regarding Hearing Held 10/07/2011 RE: Amended Ruling. Remote electronic access to the transcript is restricted until 08/21/2013. The transcript may be viewed at the Bankruptcy Court Clerk's Office. Contact the Court Reporter/Transcriber Robyn Fiedler, Telephone number 425.433.8064; AhearnAndAssoc@comcast.net.. Notice of Intent to Request Redaction Deadline Due By 5/30/2013. Redaction Request Due By 06/13/2013. Redacted Transcript Submission Due By 06/24/2013. Transcript access will be restricted through 08/21/2013. (Transcriber - Wheeler, Shari) (Entered: 05/23/2013 at 14:18:35)
05/23/2013 190 Letter From Chambers To: Robyn Fielder of Ahearn & Associates requesting changes be made to transcript. (Related document(s)188 Letter from Attorney re Adversary Case). (VED) (Entered: 05/23/2013 at 15:30:05)
05/25/2013 191 BNC Certificate of Notice (Related document(s)190 Letter From Chambers). Notice Date 05/25/2013. (Admin.) (Entered: 05/26/2013 at 00:13:32)
11/04/2013 192 Final Order Dismissing Appeal at BAP. Re: Appeal # 11-S045 , 12-S003; WW-11-1738 and WW-12-1023 Dismissed. (Related document(s)171 Notice of Appeal, 175 Notice of Appeal). Check Status of Appeal by 1/3/2014. Check Status of Appeal by 1/3/2014. (Attachments: # 1 Order of Dismissal) (CMH) Modified on 11/5/2013 (Hardy, Cynthia). (Entered: 11/05/2013 at 12:35:57)
02/13/2014 193 Close Appeal BAP # WW-12-1023 12-S003 (Related document(s)171 Notice of Appeal, 175 Notice of Appeal). (CMH) (Entered: 02/13/2014 at 16:51:23)
02/13/2014 194 Close Appeal BAP #WW-11-1738 11-S045 (Related document(s)171 Notice of Appeal). (CMH) (Entered: 02/13/2014 at 17:01:40)





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