FORF,JT,TERMINATED

U.S. District Court
District of Oregon (Eugene (6))
CRIMINAL DOCKET FOR CASE #: 6:05-cr-60142-HO-1


Case title: USA v. Pac Equities, Inc
Related  Case: 6:07-cv-70026-HO

Date Filed: 12/15/2005
Date Terminated: 07/18/2008

Assigned to: U.S. District Judge Michael R. Hogan
Referred to: Magistrate Judge Thomas M. Coffin
Appeals court case number: '08-35212' 'Ninth Circuit'

Defendant (1)
Pac Equities, Inc
TERMINATED: 07/18/2008
doing business as
Olympic Resort at Grays Harbor, LLC
TERMINATED: 07/18/2008
doing business as
Rich Asset Management (R.A.M.) LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Southview Properties LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Airport LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Paul's Dairy LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Arizona Homes West LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. White Salmon Subway LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Pinnacle Point LLC
TERMINATED: 07/18/2008
doing business as
Corporate Park Place LLC
TERMINATED: 07/18/2008
doing business as
Admiral Gray's Inn by the Sea, LLC
TERMINATED: 07/18/2008
doing business as
Arizona Manufactured Home Community Developers, LLC
TERMINATED: 07/18/2008
doing business as
Arizona Mortgage Experts
TERMINATED: 07/18/2008
doing business as
Blue Sky Vistas, LLC
TERMINATED: 07/18/2008
doing business as
Culver Dairy LLC
TERMINATED: 07/18/2008
doing business as
Foreclosure Rescue Experts, LLC
TERMINATED: 07/18/2008
doing business as
Ocotillo Commerce Center, LLC
TERMINATED: 07/18/2008
doing business as
PacEquities.com
TERMINATED: 07/18/2008
doing business as
Pac Equities Investments, LLC
TERMINATED: 07/18/2008
doing business as
Pacific Equities, LLC
TERMINATED: 07/18/2008
doing business as
Pinnacle Retirement Center, LLC
TERMINATED: 07/18/2008
doing business as
Quality Space, LLC
TERMINATED: 07/18/2008
doing business as
Rail Side Industiral Park, LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Paul's Diary 2, LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Paul's Dairy 3, LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Pinnacle Point 2, LLC
TERMINATED: 07/18/2008
doing business as
R.A.M. Southview, LLC
TERMINATED: 07/18/2008
doing business as
Southwest Ventures, Inc
TERMINATED: 07/18/2008
doing business as
Strawberry Meadows, LLC
TERMINATED: 07/18/2008
doing business as
Sunflower Meadows, LLC
TERMINATED: 07/18/2008
doing business as
The Vault IV, LLC
TERMINATED: 07/18/2008
doing business as
Transwestern of Canada, LTD
TERMINATED: 07/18/2008
doing business as
www.pacequities.com
TERMINATED: 07/18/2008
represented byKelly R. Beckley
Beckley Law Firm
1257 Hight Street, Suite 2
PO Box 11098
Eugene, OR 97440-3298
(541) 683-0888
Fax: (541) 683-0889
Email: kbeckley@beckley-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Mark Bennett Weintraub
Office of the Federal Public Defender
859 Willamette Street
Suite 200
Eugene, OR 97401
(541) 465-6937
Fax: (541) 465-6975
Email: mark_weintraub@fd.org
TERMINATED: 02/02/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Robert C. Weaver , Jr.
Garvey Schubert Barer
121 SW Morrison Street
11th Floor
Portland, OR 97204-3141
(503) 228-3939
Fax: (503) 226-0259
Email: rweaver@gsblaw.com
TERMINATED: 12/16/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
15:78j(b) and 78ff - SECURITIES FRAUD
(1s)
SENTENCE DATE: 4/15/08; RESTITUTION: $10,362,689.81 joint and several with Michael Rich CR 05-60140 and Phyllis Rich CR 05-60141; SPECIAL ASSESSMENT: $300.00. Judge Hogan
18:1343 - WIRE FRAUD (General Scheme)
(2s)
SENTENCE DATE: 4/15/08; RESTITUTION: $10,362,689.81 joint and several with Michael Rich CR 05-60140 and Phyllis Rich CR 05-60141; SPECIAL ASSESSMENT: $300.00. Judge Hogan
18:1341 - MAIL FRAUD (General Scheme)
(3s)
SENTENCE DATE: 4/15/08; RESTITUTION: $10,362,689.81 joint and several with Michael Rich CR 05-60140 and Phyllis Rich CR 05-60141; SPECIAL ASSESSMENT: $300.00. Judge Hogan

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
15:78(b) and 78ff(a) - SECURITIES FRAUD
(1)
Dismissed on the motion of the United State
21:853(p) - CRIMINAL FORFEITURES
(2)
Dismissed on the motion of the United States
18:982(b) - FORFEITURE
(4s)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


ThirdParty Plaintiff
Hale Lane Peek Dennison represented byMilo Petranovich
Lane Powell, PC
601 SW Second Avenue
Suite 2100
Portland, OR 97204-3158
(503) 778-2100
Fax: (503) 778-2200
Email: petranovichm@lanepowell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tanya Durkee Urbach
Lane Powell, PC
601 SW Second Avenue
Suite 2100
Portland, OR 97204-3158
503 778-2125
Fax: (503) 778-2200
Email: urbacht@lanepowell.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter D. Hawkes
Lane Powell, PC
601 SW Second Avenue
Suite 2100
Portland, OR 97204-3158
(503) 778-2100
Fax: (503)778-2200
Email: hawkesp@lanepowell.com
ATTORNEY TO BE NOTICED


ThirdParty Plaintiff
Howard Garcia represented byMilo Petranovich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tanya Durkee Urbach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


ThirdParty Plaintiff
David A Garcia represented byMilo Petranovich
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Tanya Durkee Urbach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


ThirdParty Defendant
Peter C. McKittrick represented byKim T. Buckley
Esler Stephens & Buckley
888 S.W. Fifth Avenue
Suite 700
Portland, OR 97204-2021
(503) 223-1510
Fax: (503) 294-3995
Email: buckley@eslerstephens.com
ATTORNEY TO BE NOTICED

Michael J. Esler
Esler Stephens & Buckley
700 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204
(503) 223-1510
Fax: (503) 294-3995
Email: esler@eslerstephens.com
ATTORNEY TO BE NOTICED

Tara J. Schleicher
Farleigh Wada Witt
121 SW Morrison Street
Suite 600
Portland, OR 97204-3136
(503) 228-6044
Fax: (503) 228-1741
Email: tschleicher@fwwlaw.com
ATTORNEY TO BE NOTICED


Interested Party
Marcia Garland


Interested Party
Wonser party represented byHolly E. Pettit
805 SW Broadway
Suite 2440
Portland, OR 97205
(503) 757-5630
Email: hpettitlaw@gmail.com
ATTORNEY TO BE NOTICED

Robert J. McGaughey
Law Office of Robert McGaughey
2440 Fox Tower
805 SW Broadway
Portland, OR 97223
(503) 223-7555
Fax: (503)525-4833
Email: bob@law7555.com
ATTORNEY TO BE NOTICED


Receiver
Peter C. McKittrick represented byTara J. Schleicher
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John W. Stephens
Esler Stephens & Buckley
700 Pioneer Tower
888 S.W. Fifth Avenue
Portland, OR 97204-2021
(503) 223-1510
Fax: (503) 294-3995
Email: stephens@eslerstephens.com
ATTORNEY TO BE NOTICED

Kathryn P. Salyer
Tomasi Salyer Baroway
121 SW Morrison Street
Suite 450
Portland, OR 97204-3136
(503) 894-9900
Email: ksalyer@tsbnwlaw.com
ATTORNEY TO BE NOTICED

Peter C. McKittrick
Farleigh Wada Witt
121 SW Morrison Street
Suite 600
Portland, OR 97204-3136
(503) 228-6044
Fax: (503) 228-1741
Email: pmckittrick@fwwlaw.com
ATTORNEY TO BE NOTICED


Movant
W. Scott Baumhofer


Plaintiff
USA represented bySean B. Hoar
United States Attorney's Office
405 E. Eighth Avenue
Suite 2400
Eugene, OR 97401
(541) 465-6792
Fax: (541) 465-6840
Email: sean.hoar@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert D. Nesler
U.S. Attorney's Office
1000 SW Third Avenue
Suite 600
Portland, OR 97204-2902
(503) 727-1069
Fax: (503) 727-1187
Email: bob.nesler@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
12/15/2005Indictment as to Pac Equities, Inc (1) count(s) 1, 2 (sln, ) (Entered: 12/16/2005)
12/16/2005Notice of Case Assignment to Judge Michael R. Hogan. (sln, ) (Entered: 12/16/2005)
12/16/2005Scheduling Order as to Pac Equities, Inc Arraignment is set for 12/27/2005 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (sln, ) (Entered: 12/16/2005)
12/27/2005Scheduling Order as to Pac Equities, Inc Arraignment is reset from 12/27/05, to 1/9/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 12/27/2005)
01/06/2006 Notice of Pendency of Action by USA as to Pac Equities, Inc - Title held iin the name of Rich Asset Management, LLC for 77-6300 Alli Drive, Kailua-Kona, Hawaii (sln, ) (Entered: 01/09/2006)
01/06/2006 Notice of Pendency of Action by USA as to Pac Equities, Inc - Title held in the name of Michael Rich and Phyllis Rich for 20 Hui Road I #39, Lahaina, Hawaii (sln, ) (Entered: 01/09/2006)
01/06/2006 Notice of Pendency of Action by USA as to Pac Equities, Inc - Title held in the name of Michael Rich and Phyllis Rich for Lot A-7 Wekiu Place, Lahaina, Hawaii (sln, ) (Entered: 01/09/2006)
01/09/2006Minutes of Proceedings: Time set for arraingment before Judge Thomas M. Coffin as to Pac Equities, Inc: Ordered Arraignment is reset for 2/13/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Mark Weintraub - appearing on behalf of individual defendant in related case.(Court Reporter Deborah Wilhelm) (cw, ) (Entered: 01/10/2006)
02/02/2006 Notice of Pendency of Action by USA as to Pac Equities, Inc - title held in the name of Michael Rich and Phyllis Rich for real property commonly known as 20 Hui Road I #40, Lahaina, Hawaii. (sln, ) (Entered: 02/06/2006)
02/13/200610 Minutes of Proceedings:Time set for Arraignment before Judge Thomas M. Coffin as to Pac Equities, Inc: Ordered Status Conference is set for 3/6/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin.Counsel Present for Plaintiff: Sean Hoar.(Court Reporter Deborah Wilhelm) (cw, ) (Entered: 02/14/2006)
02/24/200611 Scheduling Order as to Pac Equities, Inc: Status Conference is reset from 3/6/06, to 3/13/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 02/24/2006)
03/02/200612 Summons Returned Executed on 12/23/05 as to Pac Equities, Inc (sln, ) (Entered: 03/02/2006)
03/08/200613 Scheduling Order as to Pac Equities, Inc: Status Conference set for 3/13/2006 is advanced from 1:30 to 01:00PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 03/08/2006)
03/13/200614  Motion for Order to Appoint Temporary Receiver filed by USA as to Pac Equities, Inc. (sln, ) (Entered: 03/13/2006)
03/13/200615 Minutes of Proceedings:Status Conference before Judge Thomas M. Coffin as to Pac Equities, Inc: The government tendered motion for appointment of receiver. Stipulated order submitted and signed by the court, counsel shall review and sign original stipulation in the clerk's office.Counsel Present for Plaintiff: Sean Hoar. (cw, ) (Entered: 03/13/2006)
03/14/200616 STIPULATED ORDER Granting Government's 14 Motion to Appoint Temporary Receiver as to Pac Equities, Inc (1) by Judge Thomas M. Coffin signed on 3/14/06. (sln, ) (Entered: 03/14/2006)
03/16/200617 Withdrawal by USA as to Pac Equities, Inc regarding Notice of Pendency of Action 7 of Lot A-7 Wekiu Place, Lahaina, Hawaii. (sln, ) (Entered: 03/20/2006)
04/04/200618  Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds Expedited Oral Argument requested filed by Peter C. McKittrick as to Pac Equities, Inc. (Schleicher, Tara) (Entered: 04/04/2006)
04/04/200619  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds Expedited 18 filed by Peter C. McKittrick, (Attachments: # 1 Exhibit 1)(Schleicher, Tara) (Entered: 04/04/2006)
04/04/200620 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Memorandum in Support, 19 , Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds Expedited 18 (Attachments: # 1 Exhibit A)(Schleicher, Tara) (Entered: 04/04/2006)
04/05/200621 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds Expedited 18 Oral Argument is set for 4/17/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 04/05/2006)
04/07/200622 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds Expedited 18 Oral Argument is advanced from 4/17/06, to 4/12/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 04/07/2006)
04/07/200623  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Scheduling Order, 22 (Attachments: # 1 Exhibit A)(Schleicher, Tara) (Entered: 04/07/2006)
04/12/200624 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 4/12/2006 regarding Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds 18 filed by Peter C. McKittrick. Ordered motion granted. See formal order.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Mark Weintraub; Peter McKittrick Present for Receiver; Rob Sullivan Present for Southview; Robert Smejkal Present for LBLM.(Court Reporter Deborah Wilhelm) (cw, ) (Entered: 04/12/2006)
04/12/200625 Order as to Pac Equities, Inc authorizing Receiver's Motion for Approval of Payoff of Southview Properties Trust Deed, Payment to LBLM Investments, Retention of Proceeds and Reconveyance of Trust Deeds 18 filed by Peter C. McKittrick, by Judge Thomas M. Coffin signed on 4/12/06. (sln, ) (Entered: 04/13/2006)
05/11/200626 Scheduling Order as to Pac Equities, Inc: Hearing set for receiver's report for 5/30/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 05/11/2006)
05/15/200627  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc Report of Receiver (Attachments: # 1 Exhibit Asset Summary# 2 Exhibit Maps)(McKittrick, Peter) (Entered: 05/15/2006)
05/15/200628  Motion Approval to Sell Real Property (Culver Dairy and Fort Rock Hay Farm) Free and Clear of Liens and Partial Assignments filed by Peter C. McKittrick as to Pac Equities, Inc. (Attachments: # 1 Exhibit Bidding Rules)(McKittrick, Peter) (Entered: 05/15/2006)
05/15/200629  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approval to Sell Real Property (Culver Dairy and Fort Rock Hay Farm) Free and Clear of Liens and Partial Assignments 28 filed by Peter C. McKittrick,, Status Report 27 filed by Peter C. McKittrick, (Attachments: # 1 Exhibit List of Investors)(McKittrick, Peter) (Entered: 05/15/2006)
05/18/200630 Amended Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approval to Sell Real Property (Culver Dairy and Fort Rock Hay Farm) Free and Clear of Liens and Partial Assignments 28 filed by Peter C. McKittrick,, Notice (Generic), Notice (Generic) 29 filed by Peter C. McKittrick,, Status Report 27 filed by Peter C. McKittrick, (Attachments: # 1 Exhibit Investor List)(McKittrick, Peter) (Entered: 05/18/2006)
05/26/200631  Motion Summary of Action Items from Report of Receiver filed by Peter C. McKittrick as to Pac Equities, Inc. (McKittrick, Peter) (Entered: 05/26/2006)
05/26/200632  Motion Enjoin Imminent Exercise of Seller's Option to Purchase Redmond Airport Lot 22 Oral Argument requested filed by Peter C. McKittrick as to Pac Equities, Inc. (Schleicher, Tara) (Entered: 05/26/2006)
05/30/200633 Minutes of Proceedings:Receiver's report before Judge Thomas M. Coffin as to Pac Equities, Inc. Report received as set forth on the record and proposed orders signed in open court. Oral Argument on Motion to Enjoin Imminent Exercise of Seller's Option to Purchase Redmond Airport Lot 22 is set for 6/26/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin.Counsel Present for Plaintiff: Robert Nesler, Chris Cardani.Counsel Present for Defendants: Marc Spence; Receiver Peter McKittrick present.(Court Reporter Eleanor Knapp) (cw, ) (Entered: 05/31/2006)
05/31/200634  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Enjoin Imminent Exercise of Seller's Option to Purchase Redmond Airport Lot 22 32 filed by Peter C. McKittrick, and Notice of Hearing (Attachments: # 1 Exhibit List of Investors)(McKittrick, Peter) (Entered: 05/31/2006)
06/06/200635  Notice by Peter C. McKittrick as to Pac Equities, Inc Proposed Order (Melville Drive) (McKittrick, Peter) (Entered: 06/06/2006)
06/07/200636 Order as to Pac Equities, Inc authorizing Michael and Phyllis Rich to close sale and authorizing receiver to fund shortfall (Melville Drive) by Judge Thomas M. Coffin signed on 6/7/06. (sln, ) (Entered: 06/07/2006)
06/09/200637 Order as to Pac Equities, Inc approving sale of real property free and clear of liens and partial assignments and establishing bidding procedures (Culver Dairy) by Judge Thomas M. Coffin signed on 6/9/06. (sln, ) (Entered: 06/09/2006)
06/09/200638 Order as to Pac Equities, Inc approving sale of real property free and clear of liens and partial assignments (Fort Rock Hay Farm) by Judge Thomas M. Coffin signed on 6/9/06. (sln, ) (Entered: 06/09/2006)
06/20/200639 Scheduling Order as to Pac Equities, Inc : Motion Enjoin Imminent Exercise of Seller's Option to Purchase Redmond Airport Lot 22 32 - Oral Argument is reset from 6/26/06, to 6/28/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 06/20/2006)
06/22/200640  Motion To Pursue Securities Claims on Behalf of Unrepresented Investors and Against Third Persons filed by Peter C. McKittrick as to Pac Equities, Inc. (Salyer, Kathryn) (Entered: 06/22/2006)
06/22/200641  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion To Pursue Securities Claims on Behalf of Unrepresented Investors and Against Third Persons 40 filed by Peter C. McKittrick, (Salyer, Kathryn) (Entered: 06/22/2006)
06/22/200642 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion Enjoin Imminent Exercise of Seller's Option to Purchase Redmond Airport Lot 22 32 Oral Argument is reset from 6/28/06, to 8/7/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw, ) (Entered: 06/22/2006)
06/22/200643 Amended Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic), Notice (Generic) 34 filed by Peter C. McKittrick, Exhibit A (Attachments: # 1 Exhibit Exhibit A - Interested Parties)(McKittrick, Peter) (Entered: 06/22/2006)
06/27/200644 ORDER Granting 40 Motion to Pursue Securities Claims on Behalf of Unrepresented Investors and Against Third Persons as to Pac Equities, Inc (1) by Judge Thomas M. Coffin (cw, ) (Entered: 06/27/2006)
06/30/200645 Record of Order as to Pac Equities, Inc (related document(s)): vacating Order 44 granting Receiver's Motion To Pursue Securities Claims on Behalf of Unrepresented Investors and Against Third Persons 40 . Ordered Telephone Status Conference is set for 7/24/2006 at 01:30PM regarding receiver's motion 40 before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (sln, ) (Entered: 06/30/2006)
06/30/200646  Notice by Peter C. McKittrick as to Pac Equities, Inc of Intent to (1) Sell the Kona Property; (2) Sell Hui Road No. 39; (3) Obtain Approval to Pursue Securities Claims on Behalf of Unrepresented Investors Against Third Persons and Notice of Hearing Thereon (McKittrick, Peter) (Entered: 06/30/2006)
07/21/200647  Affidavit by Peter C. McKittrick as to Pac Equities, Inc of Peter C. McKittrick regarding Motion To Pursue Securities Claims on Behalf of Unrepresented Investors and Against Third Persons 40 filed by Peter C. McKittrick (McKittrick, Peter) (Entered: 07/21/2006)
07/24/200648 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 7/24/2006: Motion [#40] to pursue securities claims on behalf of unrepresented investors and against third persons is granted. Ordered Status Conference is set for 8/7/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin.Counsel Present for Plaintiff: Sean Hoar, Counsel for Receiver: Peter McKittrick, Kathryn Salyer.(Court Reporter Deborah Wilhelm) (cw, ) (Entered: 07/24/2006)
07/27/200649  Notice by Peter C. McKittrick as to Pac Equities, Inc Notice of Receiver's Intent to Enter into Settlement Agreement (Redmond Properties) (Attachments: # 1 Exhibit Exhibit A)(McKittrick, Peter) (Entered: 07/27/2006)
07/27/200650  Notice by Peter C. McKittrick as to Pac Equities, Inc Notice to Unrepresented Investors (Attachments: # 1 Exhibit Exhibit A)(McKittrick, Peter) (Entered: 07/27/2006)
08/07/200651  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc Regarding Receiver's Request for Approval of Claims Process (McKittrick, Peter) (Entered: 08/07/2006)
08/07/200652 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 8/7/2006: Motion to Enjoin Imminent Exercise of Seller's Option, Motion to Pursue Securities Claims on Behalf of Unrepresented Investors granted, receiver shall submit a form of order. Approval of claims process and distribution process approved by the court - receiver to submit formal order.Counsel Present for Plaintiff: Sean Hoar, Peter McKittrick, Kathryn Salyer.Counsel Present for Defendant: Mark Weintraub.(Court Reporter Deborah Wilhelm) (cw) (Entered: 08/07/2006)
08/16/200653  Motion to Request Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties LLC filed by Peter C. McKittrick as to Pac Equities, Inc. (Schleicher, Tara) (Entered: 08/16/2006)
08/24/200654 Scheduling Order as to Pac Equities, Inc: Status Conference (to discuss briefing on pending motions) is set for 8/28/2006 at 02:00PM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Counsel required for conference: Peter McKittrick, Rob Sullivan. Additional counsel shall contact the clerk if they wish to participate. by Judge Thomas M. Coffin (cw) (Entered: 08/24/2006)
08/28/200655 Minutes of Proceedings:Telephone Scheduling Conference before Judge Thomas M. Coffin as to Pac Equities, Inc: Oral Argument on motion [#43] to request evidentiary hearing is set for 1/9/2007 at 09:30AM in Eugene before Magistrate Judge Thomas M. Coffin. Ordered briefs due by 12/20/06; reply briefs due by 1/4/07. Witness and exhbits lists due by 1/4/07.Counsel Present : Peter McKittrick, Rob Sullivan.(Court Reporter Deborah Wilhelm) (cw) (Entered: 08/28/2006)
09/18/200656  Motion to vacate stay as to Lahaina, Maui, Hawaii leasehold estates filed by Alaeloa Trustees as to Pac Equities, Inc. (sln) (Entered: 09/18/2006)
10/04/200657  Motion Approving Sale of Lahaina Condo #39 filed by Peter C. McKittrick as to Pac Equities, Inc. (McKittrick, Peter) (Entered: 10/04/2006)
10/04/200658 ORDER Granting Receiver's Motion 57 confirming sale by receiver of real property (Lahaina Condo #39) as to Pac Equities, Inc (1) by Judge Thomas M. Coffin signed on 10/4/06. (sln) (Entered: 10/05/2006)
10/16/200659  Notice by USA as to Pac Equities, Inc Withdrawal of Notice of Pendency of Action as to real property commonly known as 20 Hui Road I #39, Lahaina, Hawaii. (Nesler, Robert) (Entered: 10/16/2006)
10/24/200660  Motion for Order Appointing Permanent Receiver filed by USA as to Pac Equities, Inc. (Hoar, Sean) (Entered: 10/24/2006)
10/24/200661 Attachments by USA as to Pac Equities, Inc regarding Motion for Order Appointing Permanent Receiver 60 filed by Plaintiff USA (sln) (Entered: 10/25/2006)
10/24/200662 STIPULATED ORDER Granting 60 Motion to appoint permanent receiver as to Pac Equities, Inc (1) by Judge Thomas M. Coffin signed on 10/24/06. (sln) (Entered: 10/25/2006)
10/31/200663  Notice by Peter C. McKittrick as to Pac Equities, Inc Of Intent to Sell the Kona Property (McKittrick, Peter) (Entered: 10/31/2006)
11/13/200664  Affidavit by Peter C. McKittrick as to Pac Equities, Inc of Peter C. McKittrick Regarding Sale of Kona Property (McKittrick, Peter) (Entered: 11/13/2006)
11/14/200665 Order as to Pac Equities, Inc confirming sale by receiver of real property (Kona property) by Judge Ann L. Aiken signed on 11/14/06. (sln) (Entered: 11/14/2006)
11/15/200666  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc Receiver's Accounting for Quarter Ending September 30, 2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10) (McKittrick, Peter) (Entered: 11/15/2006)
11/17/200667  Motion for Directions Regarding Calculation of Investor Claims Oral Argument requested filed by Peter C. McKittrick as to Pac Equities, Inc. (McKittrick, Peter) (Entered: 11/17/2006)
11/20/200668 Scheduling Order as to Pac Equities, Inc (related document: Motion to Request Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties LLC 53 ) Evidentiary Hearing is reset from 1/9/07, to 2/5/2007, at 09:30AM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 11/20/2006)
11/20/200669 Scheduling Order as to Pac Equities, Inc (related document: Motion for Directions Regarding Calculation of Investor Claims 67 ) Oral Argument is set for 12/5/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 11/20/2006)
11/21/200670 Amended Status Report filed by Peter C. McKittrick as to Pac Equities, Inc Receiver's Amended Accounting for Quarter Ending September 30, 2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10) (McKittrick, Peter) (Entered: 11/21/2006)
12/01/200671  Response filed by Peter C. McKittrick as to Pac Equities, Inc (McKittrick, Peter) (Entered: 12/01/2006)
12/05/200672 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 12/5/2006 regarding Motion for Directions Regarding Calculation of Investor Claims 67 filed by Receiver Peter C. McKittrick Further Oral Argument is set for 12/19/2006 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Court Exhibit 1 attached to original minute order.Counsel Present for Plaintiff: Sean Hoar; Peter McKittrick present as Receiver.Counsel Present for Defendant: Mark Weintraub for defendant Michael Rich.(Court Reporter Deborah Wilhelm) (cw) (Entered: 12/05/2006)
12/18/200673  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Directions Regarding Calculation of Investor Claims 67 filed by Receiver Peter C. McKittrick (Schleicher, Tara) (Entered: 12/18/2006)
12/19/200674  Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Order 67 filed by Receiver Peter C. McKittrick Response of Marcia Garland to Calculaton of Investors Claims (Attachments: # 1 Attachment Marcia Garland's Response# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C) (McKittrick, Peter) (Entered: 12/19/2006)
12/19/200675  Notice by Peter C. McKittrick as to Pac Equities, Inc First Fee Application of Reinhardt Henderson & Co., Accountants to Receiver (Attachments: # 1 Exhibit A - Billing Statements# 2 Exhibit B - Professional Biographies) (McKittrick, Peter) (Entered: 12/19/2006)
12/19/200676  Notice by Peter C. McKittrick as to Pac Equities, Inc First Fee Application of Receiver and Farleigh Witt, Counsel to Receiver (3/14/06 - 5/15/06) (Attachments: # 1 Exhibit A - Billing Statements of Receiver# 2 Exhibit A - Billing Statements for Attorneys Part 1# 3 Exhibit A - Billing Statements for Attorneys Part 2# 4 Exhibit B - Summary of Compensation# 5 Exhibit C - Summary of Costs# 6 Exhibit D - Professional Biographies) (McKittrick, Peter) (Entered: 12/19/2006)
12/20/200677 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 12/20/2006: Attorney Peter McKittrick to prepare proposed order of interim distribution to the investors using the "Rising Tide" approach. Distribution shall be made within 30 days from approval of the interim distribution order. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Mark Weintraub. Counsel for Receiver: Peter McKittrick(Court Reporter Deborah Wilhelm) (cw) (Entered: 12/20/2006)
12/20/200678 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Order on Receiver's Motion to Pursue Securities Claims on Behalf of Unrepresented Investors Against Third Persons (Attachments: # 1 Exhibit A# 2 Exhibit B) (McKittrick, Peter) (Entered: 12/20/2006)
12/22/200679 Order as to Pac Equities, Inc on Motion To Pursue Securities Claims on Behalf of Unrepresented Investors and Against Third Persons 40 filed by Peter C. McKittrick by Judge Thomas M. Coffin signed on 12/22/06. (sln) (Entered: 12/22/2006)
12/26/200680  Notice ofobjections by Michael Marks Rich to 12/10/06 magistrate's hearing re: distributions of Pac Equities, Inc assets (sln) (Entered: 12/26/2006)
12/29/200681 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Order Authorizing Abandonment of Property (Lahaina Condo #40) (McKittrick, Peter) (Entered: 12/29/2006)
01/04/200782 Order as to Pac Equities, Inc authorizing abandonment of property (Lahaina Condo #40) by Judge Thomas M. Coffin signed on 1/4/07. (sln) (Entered: 01/04/2007)
01/05/200783  Notice by USA as to Pac Equities, Inc Withdrawal of Notice of Pendency of Action as to 20 Hui Road I #40, Lahaina, HI (Nesler, Robert) (Entered: 01/05/2007)
01/17/200784 Emergency Motion to cease waste of corporate assets filed by Michael Marks Rich as to Pac Equities, Inc. (sln) (Entered: 01/19/2007)
01/22/200785  Motion to Continue / Reset Evidentiary Hearing filed by Southview Properties as to Pac Equities, Inc. (Sullivan, Robert) (Entered: 01/22/2007)
01/22/200788  Emergency Motion to Postpone deposition filed by Michael Marks Rich as to Pac Equities, Inc. (sln) (Entered: 01/24/2007)
01/23/200786  Motion to Compel Receiver's Motion to Compel Turnover of Non-Privileged Documents and Files filed by Peter C. McKittrick as to Pac Equities, Inc. (Attachments: # 1 Attachment Affidavit of Kathryn P. Salyer) (Salyer, Kathryn) (Entered: 01/23/2007)
01/23/200787 ORDER Granting 85 Motion to Continue Evidentiary Hearing as to Pac Equities, Inc (1) Evidentiary Hearing is reset for 5/4/2007 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 01/23/2007)
02/01/200789  Response filed by Michael Marks Rich as to Pac Equities, Inc re Sullivan, Southview Estates Motion (sln) (Entered: 02/01/2007)
02/01/200790  Response to Motion by Michael Marks Rich as to Pac Equities, Inc regarding Motion to Continue 85 filed by Interested Non-Party Southview Properties (sln) (Entered: 02/01/2007)
02/01/200791  Response to Motion by Michael Marks Rich as to Pac Equities, Inc regarding Motion to Compel 86 filed by Receiver Peter C. McKittrick (sln) (Entered: 02/01/2007)
02/02/200792  Notice by Peter C. McKittrick as to Pac Equities, Inc OF ORDER AUTHORIZING DISTRIBUTION AND NOTICE OF RIGHT TO COMMENT AND NOTICE OF HEARING (McKittrick, Peter) (Entered: 02/02/2007)
02/05/200793  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 92 filed by Receiver Peter C. McKittrick of Order Authorizing Distribution and Notice of Right to Comment and Notice of Hearing (McKittrick, Peter) (Entered: 02/05/2007)
02/06/200794  Motion for Authorization to Motion to Approve Sale of Shoalwater Property filed by Peter C. McKittrick as to Pac Equities, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit A# 3 Attachment Certificate of Service) (McKittrick, Peter) (Entered: 02/06/2007)
02/06/200795  Motion for Authorization to Motion for Approval of Joint Marketing Agreement for Destination Resort in Grays Harbor County, Washington filed by Peter C. McKittrick as to Pac Equities, Inc. (McKittrick, Peter) (Entered: 02/06/2007)
02/07/200796 Amended Motion to Amend/Correct Motion for Authorization to Motion for Approval of Joint Marketing Agreement for Destination Resort in Grays Harbor County, Washington 95 filed by Peter C. McKittrick Amended Motion for Approval of Joint Marketing Agreement for Destination Resort in Grays Harbor County, Washington filed by Peter C. McKittrick as to Pac Equities, Inc. (Attachments: # 1 Exhibit A) (McKittrick, Peter) (Entered: 02/07/2007)
02/12/200797 ORDER Granting 86 Motion to Compel as to Pac Equities, Inc (1) by Judge Thomas M. Coffin (cw) (Entered: 02/12/2007)
02/21/200798  Notice of filing imminent filing of bankruptcy of Pac Equities, Inc by Michael Marks Rich as to Pac Equities, Inc (sln) (Entered: 02/21/2007)
02/21/200799  Motion to enjoin and stay all of Peter McKittricks activities as Receiver of Pac Equities, Inc's corporate assets filed by Michael Marks Rich as to Pac Equities, Inc. (sln) (Entered: 02/21/2007)
02/21/2007100  Motion to Hear all Motions submitted on behalf of Pac Equities, Inc by M. Rich its President filed by Michael Marks Rich as to Pac Equities, Inc. (sln) (Entered: 02/21/2007)
02/22/2007101 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion for Hearing 100 , Motion to enjoin and stay all of Peter McKittricks activities as Receiver of Pac Equities, Inc's corporate assets 99 Oral Argument is set for 3/12/2007 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. Michael Rich's appearance is required for the motion hearing. by Judge Thomas M. Coffin (cw) (Entered: 02/22/2007)
02/22/2007102 Scheduling Order as to Pac Equities, Inc (related documents): Amended Motion for Approval of Joint Market 96 , Motion for Authorization to Motion to Approve Sale of Shoalwater Property 94 , Motion for Authorization to Motion for Approval of Joint Marketing Agreement for Destination Resort in Grays Harbor County, Washington 95 Oral Argument is reset from 3/5/07, to 3/12/2007 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 02/22/2007)
03/01/2007103 Scheduling Order as to Pac Equities, Inc In Chambers Conference (with counsel only) is set for 3/12/2007 at 01:00PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 03/01/2007)
03/07/2007104  Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Order 99 filed by Interested Non-Party Michael Marks Rich, Motion for Hearing 100 filed by Interested Non-Party Michael Marks Rich, Motion for Order 84 filed by Interested Non-Party Michael Marks Rich, Motion to Continue / Reset 88 filed by Interested Non-Party Michael Marks Rich Receiver's Response to Various Motions Filed by Michael Rich (McKittrick, Peter) (Entered: 03/07/2007)
03/07/2007105  Affidavit by Peter C. McKittrick as to Pac Equities, Inc of Peter C. McKittrick, Receiver regarding Response to Motion, 104 filed by Receiver Peter C. McKittrick Affidavit of Peter C. McKittrick in Support of Receiver's Response to Various Motions Filed by Rich and in Support of Amended Motion for Approval of Ocean Shores Development Plan (McKittrick, Peter) (Entered: 03/07/2007)
03/07/2007106  Motion Approving Amended Motion re Amended Motion to Amend/Correct Motion for Authorization to Motion for Approval of Joint Marketing Agreement for Destination Resort in Grays Harbor County, Washington 95 filed by Peter C. McKittrick Amended Motion for Approval of Joint MarketAmended Motion to Amend/Correct Motion for Authorization to Motion for Approval of Joint Marketing Agreement for Destination Resort in Grays Harbor County, Washington 95 filed by Peter C. McKittrick Amended Motion for Approval of Joint Market 96 ORDER Approving Amended Motion for (1) Joint Marketing Agreement with Patrick Hogan; (2) Option Agreement with Rayonier Inc.; (3) Employment and Payment of Pacific Engineering Inc. as Project Manager; (4) Employment of Jim Donahoe as Broker to Market Properties; and (5) All Expenditures Necessary for Completion of Preliminary Concept Plan for Destination Resort in Grays Harbor County, Washington filed by Peter C. McKittrick as to Pac Equities, Inc. (McKittrick, Peter) (Entered: 03/07/2007)
03/08/2007107  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc Memorandum in Support of Receiver's Motion for Authority to Make Interim Distribution (Attachments: # 1 Exhibit 1# 2 Exhibit 2, pgs 1-3# 3 Exhibit 2, pgs 4-7# 4 Exhibit 3, pgs.1-3# 5 Errata 3, pgs. 4-6# 6 Exhibit 4, pgs.1-32# 7 Exhibit 4, pgs. 33-64# 8 Exhibit 4, pgs. 65-96# 9 Exhibit 4, pages. 97-129) (Salyer, Kathryn) (Entered: 03/08/2007)
03/09/2007108 ORDER : Granting Amended Motion for (1) Joint Marketing Agreement with Patrick Hogan; (2) Option Agreement with Rayonier Inc; (3) Employment and Payment of Pacific Enginering Inc. as Project Manager; (4) Employment of Jim Donahoe as Broker to Market Properties; and (5) All Expenditures Necessary for Completion of Preliminary Concept Plan for Destination Resort in Grays Harbor County, Washington 106 . by Judge Thomas M. Coffin (lae) (Entered: 03/09/2007)
03/12/2007109 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 3/12/2007: Ordered receiver shall submit proposed order to the court setting forth rising tide theory of distribution to investors. Ordered motion [#96] for authorization for approval of joint marketing agreement (Grays Harbor property_ is granted. Ordered pro se motions filed by Michael Rich are withdrawn, without prejudice to be refiled if necessary. Counsel Present for Plaintiff: Sean Hoar. Present for Michael Rich: Mark Weintraub, James Frush; Present for/as receiver: Peter McKittrick, Kathryn Salyer. Present on behalf of investors: Mike Essler (Tel).(Court Reporter Kristi Anderson) (cw) (Entered: 03/13/2007)
03/29/2007110 Proposed Form of Order Submitted by Receiver APPROVING CLAIMS PROCESS AND INTERIM METHOD OF DISTRIBUTION AND AUTHORIZING INTERIM DISTRIBUTION TO INVESTORS AND CREDITORS (McKittrick, Peter) Modified on 3/29/2007 (Weller, Christine). (Entered: 03/29/2007)
03/29/2007111 Order as to Pac Equities, Inc approving claims process and interim method of distribution and authorizing interim distribution to investors and creditors. by Judge Thomas M. Coffin signed on 3/29/07. (sln) (Entered: 03/29/2007)
05/01/2007112  Motion to Continue / Reset Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties filed by Peter C. McKittrick as to Pac Equities, Inc. (Schleicher, Tara) (Entered: 05/01/2007)
05/01/2007113 ORDER Granting 112 Motion to Continue evidentiary hearing re: Pac Equities, Inc (1). Ordered evidentiary hearing set 5/4/07, is reset to a Status Conference ( 5/4/2007 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin). by Judge Thomas M. Coffin (cw) (Entered: 05/01/2007)
05/04/2007114 Minutes of Proceedings:Scheduling Conference before Judge Thomas M. Coffin as to Pac Equities, Inc: Evidentiary Hearing is set for 9/14/2007 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Michael Rich's appearance is required for the evidentiary hearing.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley. Counsel present for South Ridge: Rob Sullivan (by Tel); Counsel present for Receiver: Tara Schleicher (by Tel)(Court Reporter Deborah Wilhelm) (cw) (Entered: 05/04/2007)
06/14/2007115  Motion Approve Settlement, Claims Bar Order, and Injunction Oral Argument requested filed by Peter C. McKittrick as to Pac Equities, Inc. (Stephens, John) (Entered: 06/14/2007)
06/14/2007116  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Attachments: # 1 Attachment FRCP 54(b) Judgment, CCL Case# 2 Attachment Restatement (3rd) Torts Sec 16# 3 Attachment Restatement (3rd) Torts Sec 23) (Stephens, John) (Entered: 06/14/2007)
06/14/2007117  Declaration by Michael J. Esler regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit Settlement Agreement) (Stephens, John) (Entered: 06/14/2007)
06/14/2007118  Declaration by Robert J. McGaughey regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 06/14/2007)
06/14/2007119  Declaration by Maxwell Merrill regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 06/14/2007)
06/14/2007120  Declaration by Brian L. Gingerich regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 06/14/2007)
06/14/2007121  Declaration by William H. Kwitman regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 06/14/2007)
06/14/2007122 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 , Declaration 121 , Declaration 118 , Declaration 119 , Declaration 117 , Declaration 120 , Memorandum in Support, 116 (Stephens, John) (Entered: 06/14/2007)
06/18/2007123 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion Approve Settlement, Claims Bar Order, and Injunction 115 Oral Argument is set for 7/9/2007 at 01:30PM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 06/18/2007)
06/18/2007124  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc Receiver's Accounting and Status Report as of May 31, 2007 (McKittrick, Peter) (Entered: 06/18/2007)
06/19/2007125  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic), Notice (Generic) 76 filed by Receiver Peter C. McKittrick of Fee Applications for Temporary Receiver, Farleigh Witt and Reinhardt Henderson (McKittrick, Peter) (Entered: 06/19/2007)
06/21/2007126  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 06/21/2007)
06/28/2007127  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 126 filed by Receiver Peter C. McKittrick Certificate of Compliance with Mailing of Notice by Attorneys for Receiver, Peter C. McKittrick (Stephens, John) (Entered: 06/28/2007)
06/28/2007128 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 127 (Stephens, John) (Entered: 06/28/2007)
07/03/2007129  Notice as to Pac Equities, Inc Hale Lane Peek Dennison and Howard and David A. Garcia's Unopposed Motion to Intervene as Third-Party Plaintiffs (Petranovich, Milo) (Entered: 07/03/2007)
07/03/2007130  Memorandum in Support of Motion by Pac Equities, Inc regarding Notice (Generic) 129 filed by Defendant Pac Equities, Inc Applicants for Intervention's Memorandum of Law In Support of Motion to Intervene (Petranovich, Milo) (Entered: 07/03/2007)
07/03/2007131  Declaration by Milo Petranovich regarding Notice (Generic) 129 filed by Defendant Pac Equities, Inc in Support of Motion to Intervene (Attachments: # 1 Second and Third Amended Complaints# 2 Complaint to Recover Oregon Securities Law Damages) (Petranovich, Milo) (Entered: 07/03/2007)
07/03/2007132  Notice as to Pac Equities, Inc regarding Notice (Generic) 129 filed by Defendant Pac Equities, Inc Complaint in Intervention (Petranovich, Milo) (Entered: 07/03/2007)
07/05/2007133 Record of Order as to Pac Equities, Inc; Dennison, Howard and David A Garcia's Motion #129 (filed as a notice) to Intervene as Third-Party Plaintiffs is allowed. by Judge Thomas M. Coffin (lf) (Entered: 07/05/2007)
07/09/2007134 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 7/9/2007. Ordered the parties are allowed until 7/30/07, to file additional anticipated motions. Counsel shall inform the court of their position on magistrate consent by 7/30/07. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley, Peter McKittrick, John Stephens, Joe Arrelano, Milo Petranovich.(Court Reporter Deborah Wilhelm) (cw) (Entered: 07/10/2007)
07/17/2007135 Amended Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 126 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 07/17/2007)
07/18/2007136 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc Re Receiver's Amended Notice of July 30, 2007 Date for Filing Objections to Motion for Approval of Settlement, Claims Bar and Injunction (Stephens, John) (Entered: 07/18/2007)
07/25/2007137  Response filed by Peter C. McKittrick as to Pac Equities, Inc Third Party Def Receiver McKittrick's Answer to Complaint in Intervention (Buckley, Kim) (Entered: 07/25/2007)
07/25/2007138 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Response (Generic) 137 (Buckley, Kim) (Entered: 07/25/2007)
07/30/2007139  Memorandum in Opposition to Motion by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick Intervenors' Memorandum of Law in Opposition to Receiver's Motion to Approve Settlement and to Issue Claims Bar Order and Injunction (Durkee, Tanya) (Entered: 07/30/2007)
07/30/2007140  Declaration by Tanya A. Durkee regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Durkee, Tanya) (Entered: 07/30/2007)
07/30/2007141  Motion to Vacate or in the Alternative to Modify this Court's Order on Receiver's Motion to Pursue Securities Claims on Behalf of Unrepresented Investors Against Third Parties Oral Argument requested filed by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc. (Durkee, Tanya)
Civil case 6:07-cv-70026 opened in error (vacate 2255 relief wrongly used). Modified on 7/31/2007 (sln). (Entered: 07/30/2007)
07/30/2007142  Memorandum in Support of Motion by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc regarding Motion to Vacate or in the Alternative to Modify this Court's Order on Receiver's Motion to Pursue Securities Claims on Behalf of Unrepresented Investors Against Third Parties 141 filed by ThirdParty Plaintiff Hale Lane Peek Dennison, ThirdParty Plaintiff Howard Garcia, ThirdParty Plaintiff David A Garcia (Durkee, Tanya) Modified on 7/31/2007 (sln). (Entered: 07/30/2007)
07/30/2007143  Declaration by David A. Garcia regarding Motion to Vacate or in the Alternative to Modify this Court's Order on Receiver's Motion to Pursue Securities Claims on Behalf of Unrepresented Investors Against Third Parties 141 filed by ThirdParty Plaintiff Hale Lane Peek Dennison, ThirdParty Plaintiff Howard Garcia, ThirdParty Plaintiff David A Garcia (Attachments: # 1 Exhibit Receiver's Complaint# 2 Exhibit Form D) (Durkee, Tanya) Modified on 7/31/2007 (sln). (Entered: 07/30/2007)
07/31/2007144 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record referencing Intervenors' Motion to vacate 141 and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: the wrong motion type was chosen. The clerk is directed to correct the motion type and to terminate the civil number 07-70026 that was opened in error by use of the wrong motion event. by Judge Michael R Hogan (sln) (Entered: 07/31/2007)
08/02/2007145 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion 141 to Vacate or in the Alternative to Modify this Court's Order on Receiver's Motion to Pursue Securities, Motion Approve Settlement, Claims Bar Order, and Injunction 115 Oral Argument is set for 9/14/2007 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 08/02/2007)
08/02/2007146 Certificate of Service by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc regarding Motion 141 , Memorandum in Support, 142 , Declaration 140 , Memorandum in Opposition, 139 , Declaration, 143 (Petranovich, Milo) (Entered: 08/02/2007)
08/06/2007147  Motion to be excluded form settlement request of 6/13/07 & it's issuance of claims bar order and injunction filed by W. Scott Baumhofer as to Pac Equities, Inc. (sln) (Entered: 08/06/2007)
08/06/2007148 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion to be excluded form settlement request of 6/13/07 & it's issuance of claims bar order and injunction 147 Oral Argument is set for 9/14/2007 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 08/06/2007)
08/13/2007149  Reply to Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 Receiver's Reply Memorandum in Support (Stephens, John) (Entered: 08/13/2007)
08/13/2007150 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Reply to Motion 149 (Stephens, John) (Entered: 08/13/2007)
08/13/2007151  Memorandum in Opposition to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion 141 filed by ThirdParty Plaintiff Hale Lane Peek Dennison, ThirdParty Plaintiff Howard Garcia, ThirdParty Plaintiff David A Garcia Memorandum in Opposition to Motion to Vacate (Stephens, John) (Entered: 08/13/2007)
08/13/2007152 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Memorandum in Opposition, 151 (Stephens, John) (Entered: 08/13/2007)
08/13/2007153  Declaration by Michael J. Esler regarding Memorandum in Opposition, 151 filed by Receiver Peter C. McKittrick Declaration re Motion to Vacate (Stephens, John) (Entered: 08/13/2007)
08/13/2007154 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Declaration 153 (Stephens, John) (Entered: 08/13/2007)
08/15/2007155 Scheduling Order as to Pac Equities, Inc: Ordered oral argument on motion [#53] for evidentiary hearing, motion [#115] to approve settlement, and motion [#147] to be excluded from statement and evidentiary hearing set for 9/14/07, before Judge Coffin are stricken based upon full magistrate consent not being received by the court. Hearing on the above-listed matters shall be reset before Judge Michael R. Hogan. Ordered motion [#141] to vacate or to modify the court's order shall remain as set 9/14/07, at 10:00 a.m., before Judge Coffin. by Judge Thomas M. Coffin (cw) (Entered: 08/15/2007)
08/27/2007156  Memorandum in Support of Motion by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc regarding Motion 141 filed by ThirdParty Plaintiff Hale Lane Peek Dennison, ThirdParty Plaintiff Howard Garcia, ThirdParty Plaintiff David A Garcia (Petranovich, Milo) (Entered: 08/27/2007)
08/27/2007157  Declaration by Milo Petranovich regarding Memorandum in Support, 156 filed by ThirdParty Plaintiff Hale Lane Peek Dennison, ThirdParty Plaintiff Howard Garcia, ThirdParty Plaintiff David A Garcia (Petranovich, Milo) (Entered: 08/27/2007)
08/27/2007158 Certificate of Service by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc regarding Declaration 157 , Memorandum in Support, 156 (Petranovich, Milo) (Entered: 08/27/2007)
09/07/2007159 Unopposed Motion for Leave to File Supplemental Reply Memorandum on the Issue of Implied Preemption filed by Peter C. McKittrick as to Pac Equities, Inc. (Esler, Michael) (Entered: 09/07/2007)
09/07/2007160 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Unopposed Motion for Leave to File Supplemental Reply Memorandum on the Issue of Implied Preemption 159 (Esler, Michael) (Entered: 09/07/2007)
09/07/2007161 Supplemental Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Memorandum in Support, 156 filed by ThirdParty Plaintiff Hale Lane Peek Dennison, ThirdParty Plaintiff Howard Garcia, ThirdParty Plaintiff David A Garcia on Implied Preemption in Opposition to Motion to Vacate (Buckley, Kim) (Entered: 09/07/2007)
09/07/2007162 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Memorandum in Support, 161 on Implied Preemption in Opposition to Motion to Vacate (Buckley, Kim) (Entered: 09/07/2007)
09/14/2007163 Minutes of Proceedings:Motion Hearing before Judge Thomas M. Coffin as to Pac Equities, Inc held on 9/14/2007 re: Motion 141 to vacate or modify order. Ordered motion [#141] is denied. Counsel for receiver shall submit formal order.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley, Kevin Bons. Receiver: Peter McKittrick. Counsel for Receiver: John Stephens, Michael Esler. Counsel for portion of investors: Robert McGaughey.(Court Reporter Deborah Wilhelm) (cw) (Entered: 09/14/2007)
10/16/2007164 Scheduling Order as to Pac Equities, Inc; Motion 53 to Request Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties LLC, Petitioner Baumhofer's Motion 147 to be excluded from settlement request of 6/13/07 & it's issuance of claims bar order and injunction and Receiver McKittrick's Motion 115 Approve Settlement, Claims Bar Order, and Injunction are set for Oral Argument on 10/29/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 10/16/2007)
10/19/2007165 ORDER Granting 159 Motion for Leave to File supplemental reply Pac Equities, Inc (1). The Supplemental reply has been filed. by Judge Thomas M. Coffin (sln) (Entered: 10/19/2007)
10/19/2007166  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 10/19/2007)
10/19/2007167 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 166 (Stephens, John) (Entered: 10/19/2007)
10/19/2007168 Superseding Indictment as to Pac Equities, Inc (1) counts 1s, 2s, 3s, 4s (sln) (Entered: 10/22/2007)
10/24/2007169  Motion to Set Aside Evidentiary Hearing to Determine Alleged Amount Owed to Receivership Estate filed by Southview Properties as to Pac Equities, Inc. (Sullivan, Robert) (Entered: 10/24/2007)
10/24/2007170  Declaration by Robert J. Sullivan regarding Motion to Set Aside Evidentiary Hearing to Determine Alleged Amount Owed to Receivership Estate 169 filed by Interested Non-Party Southview Properties (Sullivan, Robert) (Entered: 10/24/2007)
10/24/2007171 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Declaration 170 , Motion to Set Aside Evidentiary Hearing to Determine Alleged Amount Owed to Receivership Estate 169 (Sullivan, Robert) (Entered: 10/24/2007)
10/25/2007172 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 166 filed by (McGaughey, Robert) (Entered: 10/25/2007)
10/26/2007173 Unopposed Motion for Leave to File Sur-Reply Memorandum In Opposition to Receiver's Motion to Approve Settlement and to Issue Claims Bar Order and Injunction filed by Hale Lane Peek Dennison as to Pac Equities, Inc. (Hawkes, Peter) (Entered: 10/26/2007)
10/26/2007174  Memorandum in Opposition to Motion by Hale Lane Peek Dennison as to Pac Equities, Inc regarding Unopposed Motion for Leave to File Sur-Reply Memorandum In Opposition to Receiver's Motion to Approve Settlement and to Issue Claims Bar Order and Injunction 173 filed by ThirdParty Plaintiff Hale Lane Peek Dennison (Hawkes, Peter) (Entered: 10/26/2007)
10/26/2007175 Certificate of Service by Hale Lane Peek Dennison as to Pac Equities, Inc regarding Memorandum in Opposition, 174 , Unopposed Motion for Leave to File Sur-Reply Memorandum In Opposition to Receiver's Motion to Approve Settlement and to Issue Claims Bar Order and Injunction 173 (Hawkes, Peter) (Entered: 10/26/2007)
10/26/2007176 Record of Order - Granting Southview Properties Motion 169 to Continue 10/29/07 Hearing date as to Pac Equities, Inc (1) - Hearing Date to be rescheduled; Granting Motion 173 for Leave to File sur-reply as to Pac Equities, Inc (1) by Judge Michael R Hogan (lf) (Entered: 10/26/2007)
11/06/2007177 Proposed Jury Verdict by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/06/2007)
11/06/2007178 Proposed Jury Instructions by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/06/2007)
11/06/2007179  Witness List by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/06/2007)
11/07/2007180  Motion for Joinder filed by USA as to Pac Equities, Inc. (Hoar, Sean) (Entered: 11/07/2007)
11/07/2007181 First Exhibit List by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/07/2007)
11/12/2007182  Response filed by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/12/2007)
11/15/2007183  Motion FOR ORDER DENYING CLAIM OF MICHAEL RICH TO CERTAIN FUNDS, AND TO AUTHORIZE A SECOND INTERIM DISTRIBUTION filed by Peter C. McKittrick as to Pac Equities, Inc. (McKittrick, Peter) (Entered: 11/15/2007)
11/15/2007184  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc (McKittrick, Peter) (Entered: 11/15/2007)
11/16/2007185 Scheduling Order as to Pac Equities, Inc; Government's Motion #180 to Join Trial with USA v Michael Marks Rich case #05-60140-1-H is granted. Pretrial documents due 11/19/07. Jury Trial is set for 11/27/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Pretrial Conference is set for 11/20/2007 at 10:15AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 11/16/2007)
11/16/2007186 Scheduling Order as to Pac Equities, Inc; Setting Evidentiary Hearing 53 to Determine Amount Owed to Receivership Estate from Southview Properties LLC, Petitioner Baumhofer's Motion 147 to be excluded from settlement request of 6/13/07 & it's issuance of claims bar order and injunction, Receiver McKittrick's Motion 183 FOR ORDER DENYING CLAIM OF MICHAEL RICH TO CERTAIN FUNDS, AND TO AUTHORIZE A SECOND INTERIM DISTRIBUTION Receiver McKittrick's Motion 115 Approve Settlement, Claims Bar Order, and Injunction for Oral Argument on 1/7/2008 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 11/16/2007)
11/19/2007187  Trial Brief by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/19/2007)
11/19/2007188 Supplemental Exhibit List by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/19/2007)
11/19/2007189 Supplemental Witness List by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/19/2007)
11/20/2007190  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 11/20/2007)
11/20/2007191 Minutes of Proceedings:Pretrial Conference held before Judge Michael R Hogan as to Pac Equities, Inc. Deft's Exhibits: Received: 5001 thru 5028, 5035 thru 5038, 5040 thru 5047 Not Received: 5029 thru 5034 (but can be used in cross) 5039Govt's Exhibits: Received: 1 thru 29, 32, 34 thru 40, 42 thru 64, 66, 68, 70 thru 78, 80 thru 88, 90 thru 125, 130 thru 136, 138, 141, 144 thru 146, 148 thru 168, 170 thru 223, 225 thru 232, 234 thru 281, 282 thru 286 (not to be taken for the truth) 287 thru 408. Not Received: 33, 67, (137 not received as a group), Withdrawn: 30, 31, 41, 65, 69, 79, 89, 142, 143, 147, 224, Under Advisement: 126 thru 129, 139, 140, 169, 233, Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: None Present.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 11/21/2007)
11/21/2007192 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 190 (Stephens, John) (Entered: 11/21/2007)
11/27/2007193 Amended Exhibit List by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/27/2007)
11/27/2007194 Amended Witness List by USA as to Pac Equities, Inc (Hoar, Sean) (Entered: 11/27/2007)
11/27/2007195 Record of Order as to Pac Equities, Inc ; GOVERNMENT'S EXHIBITS: Exhibits 127, 139 and 140 are Received. Exhibit 126 is Not Received in its present form, because the first page contains inadmissible hearsay, and the second page addresses matters for the court. Exhibit 128 is Not Received in its present form, because the first page contains inadmissible hearsay, and the court cannot presently determine whether the second page contains inadmissible hearsay. Exhibit 129 is Not Received in its present form, because the first page contains inadmissible hearsay. Exhibit 169 is Not Received in the government's case in chief. Exhibit 233 is Withdrawn. by Judge Michael R Hogan (lf) (Entered: 11/28/2007)
11/27/2007196 Minutes of Proceedings:Jury Trial (Day 1) held before Judge Michael R Hogan as to Pac Equities, Inc.; 87 jurors reporting. Voir Dire Held. Jury Selected & Sworn. Juror #2 was excused. Jury Trial is continued to 11/28/1997 at 09:30AM in Eugene before U. S. District Judge Michael R Hogan.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: No Attorney.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 11/28/2007)
11/28/2007197 Minutes of Proceedings:Jury Trial (Day 2) held before Judge Michael R Hogan as to Pac Equities, Inc., 18 jurors reporting. Additional jurors selected & sworn. Opening Statements. Evidence adduced. Jury Trial continued 11/29/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Government's Witnesses: David Tatman, Kari Herbert, Janice Bryant, Laura Hayden, Peggy Katsuda, Burt Hasey. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: No Attorney.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 11/29/2007)
11/29/2007206 Minutes of Proceedings: Jury Trial - Day 3 before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Jury Trial continued to 11/30/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Government's Witnesses: Allen Kraxberger, Edward Victor, Steve Armentrout and Mark Antoncich, Sr, Mark Antoncich, Jr. Wallace Eckberg and Alfonso Joseph Nelson by Telephone-Video Conference. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/03/2007)
11/30/2007198  Motion to Quash or Modify Subpoena of Greg Bessert Oral Argument requested filed by Southview Properties as to Pac Equities, Inc. (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007199  Memorandum in Support of Motion by Southview Properties as to Pac Equities, Inc regarding Motion to Quash or Modify Subpoena of Greg Bessert 198 filed by Interested Non-Party Southview Properties (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007200  Declaration regarding Motion to Quash or Modify Subpoena of Greg Bessert 198 filed by Interested Non-Party Southview Properties Declaration of Greg Bessert (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007201 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Declaration 200 , Memorandum in Support 199 , Motion to Quash or Modify Subpoena of Greg Bessert 198 (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007202  Motion to Quash or Modify Subpoena of Ray Jordan Oral Argument requested filed by Southview Properties as to Pac Equities, Inc. (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007203  Memorandum in Support of Motion by Southview Properties as to Pac Equities, Inc regarding Motion to Quash or Modify Subpoena of Ray Jordan 202 filed by Interested Non-Party Southview Properties (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007204  Declaration regarding Motion to Quash or Modify Subpoena of Ray Jordan 202 filed by Interested Non-Party Southview Properties Declaration of Ray Jordan (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007205 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Declaration 204 , Motion to Quash or Modify Subpoena of Ray Jordan 202 , Memorandum in Support 203 (Sullivan, Robert) (Entered: 11/30/2007)
11/30/2007207 Minutes of Proceedings:Jury Trial - Day 4 before Judge Michael R Hogan as to Pac Equities, Inc Evidence adduced. Jury Trial continued to 12/3/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Government Witnesses: (By Telephone-Video Conference: William LaMarche and Kimberly Ann Matthews) Edward Victor, Thomas M. McClain, Alex Williams, Lee James Williams, Franklin Middleton, Judith Remis, Raymond Allan Pownall, Greg Farnworth, Carol Ann Maartense. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/03/2007)
12/03/2007212 Minutes of Proceedings: Jury Trial - Day 5 held before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Jury Trial continued to 12/4/2007 at 10:00AM in Eugene before U. S. District Judge Michael R Hogan. Government's Witnesses: Eloise Farnworth, Steven Kaiblinger, Christopher Jones, Olga Murray, James Leo Herzner, Dave Hilger, Siva Selvaratnam, Robert Neland, Don Harrington, David Multz, Kirsten Anderson, Trudi Durant, Linda Harrison.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/04/2007)
12/04/2007208  Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion to Quash 198 filed by Interested Non-Party Southview Properties (Schleicher, Tara) (Entered: 12/04/2007)
12/04/2007209  Declaration by Tara J. Schleicher regarding Response to Motion 208 filed by Receiver Peter C. McKittrick (re Greg Bessert) (Schleicher, Tara) (Entered: 12/04/2007)
12/04/2007210  Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion to Quash 202 filed by Interested Non-Party Southview Properties (re Ray Jordan) (Schleicher, Tara) (Entered: 12/04/2007)
12/04/2007211  Declaration by Tara J. Schleicher regarding Response to Motion 210 filed by Receiver Peter C. McKittrick (re Ray Jordan) (Schleicher, Tara) (Entered: 12/04/2007)
12/04/2007214 Minutes of Proceedings: - Jury Trial - (Day 6) before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Jury Trial continued to 12/5/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan.Defendant's Exhibits Received: 5305, 5307, 5308, 5312, 5313, 5318. Government's Witnesses: David August, Kirsten Anderson, Kitty Lee Wilson, Wayne Bridgens, Carolyn Capri, Jack Craig Miller, Ronald Paul Symons, Evelyn Dunn, Ted Brian Shuel. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/05/2007)
12/04/2007216 Trial Testimony Stipulations by USA and Michael Rich (sln) (Entered: 12/06/2007)
12/05/2007213 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 190 Served on Wonser Plaintiffs by Robert McGaughey (Stephens, John) (Entered: 12/05/2007)
12/05/2007215 Record of Order - Granting Southview Properties, LLC's Motions 198 and 202 to Quash Subpoenas. Counsel for Southview and the receiver shall confer and agree to a date to complete the depositions of Greg Bessert and Ray Jordon. Counsel shall advise the deputy clerk as to whether the hearing scheduled for January 7, 2008 should be continued. Ordered by Judge Michael R Hogan (lf) (Entered: 12/05/2007)
12/05/2007217 Minutes of Proceedings: Jury Trial (Day 7) held before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Juror note read into the record. Defendant's Exhibit: 5048 marked. Jury Trial continued to 12/6/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Government's Witnesses: Wilford Powell Gentry - via telephone. Paul Davidson, Alysandra Volland, Robert Blazenski, Donald Thomas Mitchell, James W Taylor, Daniel Parr, Ronald Allan Clark, Stanley Manuel Gibson, Carol Harmon, James Francis Watson, Timothy Michael Pastor, Michael Dennis Harvey, Peter McKittrick. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/06/2007)
12/06/2007218 Minutes of Proceedings: - Jury Trial - (Day 8) held before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Defendant's Exhibit 5048 Received. Jury Trial continued to 12/7/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Government Witnesses: Peter McKittrick, Joel Rudow, Steven Carter, Kirsten Ilene Hamling, Jane Canico, Marie Antonia McHugh, Nick Stranieri, Larry Steven Ward, Linda Czemerys, Elgin Aguirre, Aaron Daniel Richardson, Chris Seymour, Brandy McKibben. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/10/2007)
12/06/2007219 Record of Order - as to Pac Equities, Inc; Minute Order #218 corrected to reflect - Government Exhibits 418 and 419 Received. by Judge Michael R Hogan (lf) (Entered: 12/10/2007)
12/07/2007220 Minutes of Proceedings: - Jury Trial (Day 9) held before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Notes from juror #8 read on the record. Government's Oral Motion to Exclude Defendant's Witness - TAKEN UNDER ADVISEMENT. Government rests. Defendant's Oral Motion for Judgment of Acquital - TAKEN UNDER ADVISEMENT. Jury Trial continued to 12/10/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. Government Witness: Brandy McKibben. Defendant's Witnesses: James Watson, Marcia Garland, (Dani Geissinger-Rodarte - Via Telephone-Video Conference), Michael Danield, Barbara AldaveCounsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/10/2007)
12/10/2007221 Minutes of Proceedings: - Jury Trial (Day 10) held before Judge Michael R Hogan as to Pac Equities, Inc. Evidence adduced. Government Exhibits: 292, 293, 294, 295, 388, 389, 390 Withdrawn. Government Exhibits: 126, 128, 129, 418 and 419 Received. Government Exhibit 420 as illustrative exhibit. Defendant's Exhibits: 5027, 5036, 5037, 5038 Withdrawn. Defendant Orally Renews Motion for Judgment of Acquital - MOTION TAKEN UNDER ADVISEMENT. Defendant rests. Trial Testimony Stipulation read on the record. Trial Testimony Stipulation Amended by Interlineation. Jury Instructed. Dinner ordered for 12 jurors. Closing Arguments. Jury retires for deliberation. Jury Verdict Returned. Defendant Witnesses: Barbara Aldave, Michael Marks Rich. Government Witness: Brandy McKibben. Jury Trial is set for 12/11/2007 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/12/2007)
12/10/2007222 Order to retain custody of exhibits as to Pac Equities, Inc by Judge Michael R Hogan signed on 12/10/07. (sln) (Entered: 12/12/2007)
12/10/2007223 Jury Instructions as to Pac Equities, Inc (sln) (Entered: 12/12/2007)
12/10/2007224 Jury Verdict as to Pac Equities, Inc Guilty on Counts 1s, 2s, 3s. (sln) (Entered: 12/12/2007)
12/10/2007225 Trial Testimony Stipluation by USA as to Pac Equities, Inc (amended by interlineation) (sln) (Entered: 12/12/2007)
12/11/2007226 Minutes of Proceedings: - Jury Trial (Day 11) before Judge Michael R Hogan as to Defendant Pac Equities, Inc. Jury re-instructed. Deliberations continue as to forfeiture count. Trial concluded 12/11/2007. Special Verdict for forfeiture count returned. Jury polled and discharged. Sentencing is set for 2/12/2007 at 10:00AM in Eugene before U. S. District Judge Michael R Hogan.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley and Kevin Bons.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 12/12/2007)
12/11/2007227 Supplemental Jury Instructions as to Pac Equities, Inc (sln) (Entered: 12/13/2007)
12/11/2007228 Jury Notes as to Pac Equities, Inc (sln) (Entered: 12/13/2007)
12/11/2007229 Jury Verdict on Forfeiture as to Pac Equities, Inc (sln) (Entered: 12/13/2007)
12/11/2007230 Clerk's List of Witnesses and Exhibits as to Pac Equities, Inc (sln) (Entered: 12/13/2007)
12/13/2007231  Motion for Authorization to Receiver's Motion to Set Final Distribution Formula and Supplemental Motion to Authorize Second Interim Distribution filed by Peter C. McKittrick as to Pac Equities, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4) (McKittrick, Peter) (Entered: 12/13/2007)
12/14/2007232 Transcript of Proceedings as to Pac Equities, Inc held on 12/3/2007 (Day 5, Testimony of David Multz) before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (cas) Modified on 12/17/2007 to correct filing date.(Starr, Craig). (Entered: 12/17/2007)
12/14/2007233 Transcript of Proceedings as to Pac Equities, Inc for the hearing held on 12/5/2007 (Day 7, Testimony of Wilford Gentry) before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (cas) (Entered: 12/17/2007)
12/17/2007234 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: Transcript of Proceedings of December 3 (Day 5, Testimony of David Multz), 232 was erroneously docketed as having been filed December 17, 2007. It was actually filed December 14, 2007, and the record has been corrected to reflect that. by Judge Michael R Hogan signed on 12/17/2007. (cas) (Entered: 12/17/2007)
12/19/2007235 Scheduling Order as to Pac Equities, Inc; Continuing 1/7/08 Hearing Date for the Evidentiary Hearing (regarding Motion 53 ) to Determine Amount Owed to Receivership Estate from Southview Properties LLC - is reset for 1/28/2008 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 12/19/2007)
12/19/2007236 Scheduling Order as to Pac Equities, Inc; Continuing 1/7/08 Oral Argument on McKittrick's Motion 183 FOR ORDER DENYING CLAIM OF MICHAEL RICH TO CERTAIN FUNDS, AND TO AUTHORIZE A SECOND INTERIM DISTRIBUTION and Setting McKittrick's Motion 231 for Authorization to Receiver's Motion to Set Final Distribution Formula and Supplemental Motion to Authorize Second Interim Distribution for Oral Argument on 1/29/2008 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 12/19/2007)
12/20/2007237 Scheduling Order as to Pac Equities, Inc ; Continuing 1/28/08 Evidentiary Hearing regarding - Motion 53 to Request to Determine Amount Owed to Receivership Estate from Southview Properties LLC - Evidentiary Hearing is reset for 2/13/2008 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 12/20/2007)
12/21/2007238 Scheduling Order as to Pac Equities, Inc; Continuing 1/7/08 Oral Argument on Baumhofer's Motion 147 to be excluded from settlement request of 6/13/07 & it's issuance of claims bar order and injunction and McKittrick's Motion 115 to Approve Settlement, Claims Bar Order, and Injunction - Oral Argument is reset for 1/15/2008 at 10:45AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 12/21/2007)
12/28/2007239  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Authorization to Receiver's Motion to Set Final Distribution Formula and Supplemental Motion to Authorize Second Interim Distribution 231 filed by Receiver Peter C. McKittrick, Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick, Motion to be excluded form settlement request of 6/13/07 & it's issuance of claims bar order and injunction 147 filed by Movant W. Scott Baumhofer, Motion FOR ORDER DENYING CLAIM OF MICHAEL RICH TO CERTAIN FUNDS, AND TO AUTHORIZE A SECOND INTERIM DISTRIBUTION 183 filed by Receiver Peter C. McKittrick of Hearing (McKittrick, Peter) (Entered: 12/28/2007)
12/31/2007240 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic), Notice (Generic), Notice (Generic) 239 (Stephens, John) (Entered: 12/31/2007)
01/02/2008241 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic), Notice (Generic), Notice (Generic) 239 for Wonser Parties and Robert J. McGaughey (Stephens, John) (Entered: 01/02/2008)
01/14/2008242  Declaration by Diane Kimmel regarding Motion Approve Settlement, Claims Bar Order, and Injunction 115 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit) (Durkee, Tanya) (Entered: 01/14/2008)
01/15/2008243 Certificate of Service by Hale Lane Peek Dennison, Howard Garcia, David A Garcia as to Pac Equities, Inc regarding Declaration 242 of Diane Kimmel (Durkee, Tanya) (Entered: 01/15/2008)
01/15/2008244 Minutes of Proceedings: - Oral Argument before Judge Michael R Hogan as to Pac Equities, Inc held on 1/15/2008 regarding Motions #115 and #147. McKittrick's Motion 115 Approve Settlement, Claims Bar Order, and Injunction filed by Receiver Peter C. McKittrick and Motion to be excluded form settlement request of 6/13/07 & it's issuance of claims bar order and injunction 147 filed by Movant W. Scott Baumhofer - MOTIONS TAKEN UNDER ADVISEMENT as of 1/15/2008.Counsel Present for Plaintiff: Sean Hoar. Milo Petranovich for 3rd Party Plaintiffs Dennison, Garcia; John Stephens for McKittrick 3rd Party Defendant and Receiver. Peter McKittrick present; Michael Marks Rich present; Joseph C Arellano, Robert J McGaughey attorneys in state court cases present. (Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 01/17/2008)
01/28/2008245  Notice by Peter C. McKittrick as to Pac Equities, Inc Revised Calculation of Second Interim Distribution (Attachments: # 1 Exhibit 1) (McKittrick, Peter) (Entered: 01/28/2008)
01/29/2008247 Minutes of Proceedings:Oral Argument held on McKittrick's Motion #183 and #231 before Judge Michael R Hogan as to Pac Equities, Inc, McKittrick's Motion #183 for Order Denying Claim is denied as Moot. McKittrick's Motion #231 for Authorization to Receiver's Motion to Set Final Distribution Formula - granted. Receiver to submit proposed order with distribution schedule. Counsel Present for Plaintiff: Sean Hoar.Counsel Present: Milo Petranovich, Peter Hawkes for 3rd party plaintiffs, Peter McKittrick for Receiver, Cliff Degroot, also present Michael Marks Rich.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 02/05/2008)
02/04/2008246 Scheduling Order as to Pac Equities, Inc; Continuing 2/12/08 Sentencing to 4/15/2008 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 02/04/2008)
02/07/2008248 Scheduling Order as to Pac Equities, Inc ; Vacating 2/13/08 Evidentiary Hearing regarding McKittrick's Motion #53 to Determine Amount owed to Receivership Estate from Southview Properties - to be reset. by Judge Michael R Hogan (lf) (Entered: 02/07/2008)
02/08/2008249 Proposed Form of Order Submitted for Defendant Pac Equities, Inc ORDER (1) APPROVING FINAL DISTRIBUTION FORMULA; (2) AUTHORIZING SECOND INTERIM DISTRIBUTION TO INVESTORS AND CREDITORS; AND (3) DENYING RECEIVER'S MOTION TO DISALLOW CLAIM OF MICHAEL RICH TO CERTAIN FUNDS (Attachments: # 1 Exhibit A) (McKittrick, Peter) (Entered: 02/08/2008)
02/08/2008250 Record of Order as to Pac Equities, Inc; Evidentiary Hearing regarding McKittrick's Motion 53 to Determine Amount owed to Receivership Estate from Southview Properties is reset for 2/13/2008 at 09:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 02/08/2008)
02/11/2008251  Trial Brief by Peter C. McKittrick as to Pac Equities, Inc (Schleicher, Tara) (Entered: 02/11/2008)
02/11/2008252  Exhibit List by Peter C. McKittrick as to Pac Equities, Inc (Schleicher, Tara) (Entered: 02/11/2008)
02/11/2008253  Witness List by Peter C. McKittrick as to Pac Equities, Inc (Schleicher, Tara) (Entered: 02/11/2008)
02/11/2008254  Exhibit List by Southview Properties as to Pac Equities, Inc (Sullivan, Robert) (Entered: 02/11/2008)
02/11/2008255  Witness List by Southview Properties as to Pac Equities, Inc For Hearing on Receiver's Motion to Determine Alleged Amounts Due (Sullivan, Robert) (Entered: 02/11/2008)
02/12/2008256 Amended Exhibit List by Southview Properties as to Pac Equities, Inc (Sullivan, Robert) (Entered: 02/12/2008)
02/12/2008257  Trial Brief by Southview Properties as to Pac Equities, Inc Hearing Memorandum on Receiver's Motion to Determine Alleged Amounts Due (Sullivan, Robert) (Entered: 02/12/2008)
02/12/2008258  Motion in Limine filed by Peter C. McKittrick as to Pac Equities, Inc. (Schleicher, Tara) (Entered: 02/12/2008)
02/12/2008259  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion in Limine 258 filed by Receiver Peter C. McKittrick (Schleicher, Tara) (Entered: 02/12/2008)
02/12/2008260  Declaration by Tara J. Schleicher regarding Motion in Limine 258 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit A) (Schleicher, Tara) (Entered: 02/12/2008)
02/12/2008261  Declaration by Diane Fallon regarding Motion in Limine 258 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit A# 2 Exhibit B) (Schleicher, Tara) (Entered: 02/12/2008)
02/13/2008266 Minutes of Proceedings:Record of Time set for Evidentiary Hearing regarding Motion #53 before Judge Michael R Hogan as to Pac Equities, Inc. Evidentiary Hearing regarding McKittrick's Motion #53 to Determine Amount Owed to Receivership Estate from Southview Properties is reset for 3/25/2008 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. Briefing regarding jurisdiction due within one week.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: No attorney for defendant Pac Equities; Kelly Beckley for Michael Marks Rich, Peter McKittrick and Tara Schleicher for Receiver; Robert Sullivan for Southview Property.(Court Reporter Deborah Wilhelm)(Interpreter Present: None) (lf) (Entered: 02/16/2008)
02/14/2008262 ORDER Receiver's Motion 115 for approval of the agreement, claims bar and injunction is granted; Baumhofer's Motion 147 for exclusion is denied. by Judge Michael R Hogan signed on 2/13/08. (sln) (Entered: 02/14/2008)
02/14/2008263 Fed. R. Civ. P. 54(b) Final Judgment as to Pac Equities, Inc by Judge Michael R Hogan signed on 2/13/08. (sln) (Entered: 02/14/2008)
02/14/2008264 Transcript of Proceedings as to Pac Equities, Inc for the hearing held on 4/12/06 before Judge Thomas M. Coffin. Court Reporter: Deborah Wilhelm. (sln) (Entered: 02/14/2008)
02/15/2008265  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc RECEIVER'S ACCOUNTING AND STATUS REPORT AS OF DECEMBER 31, 2007 (McKittrick, Peter) (Entered: 02/15/2008)
02/19/2008267 Transcript of Proceedings as to Pac Equities, Inc for the hearing held on 2/13/08 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Entered: 02/19/2008)
02/20/2008268  Memorandum in Support of Motion by Southview Properties as to Pac Equities, Inc Regarding Jurisdiction (Sullivan, Robert) (Entered: 02/20/2008)
02/20/2008269  Declaration by Greg Bessert In Support of Southview's Memorandum Regarding Jurisdiction (Sullivan, Robert) (Entered: 02/20/2008)
02/20/2008270 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Memorandum in Support 268 , Declaration 269 Regarding Jurisdiction (Sullivan, Robert) (Entered: 02/20/2008)
02/20/2008271  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion to Request Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties LLC 53 filed by Receiver Peter C. McKittrick (Schleicher, Tara) (Entered: 02/20/2008)
02/20/2008272  Declaration by Peter C. McKittrick regarding Memorandum in Support, 271 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Schleicher, Tara) (Entered: 02/20/2008)
02/26/2008273 Scheduling Order as to Pac Equities, Inc Motion in Limine 258 filed by Peter McKittrick is set for Oral Argument on 3/25/2008 at 11:00AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (sln) (Entered: 02/26/2008)
03/03/2008274 Order as to Pac Equities, Inc (1) approving final distribution formula; (2) authorizing second interim distribution to investors and creditors; and (3) denying as moot receiver's motion to disallow claim of Michael Rich to certain funds. by Judge Michael R Hogan signed on 3/2/08. (sln) (Entered: 03/05/2008)
03/05/2008275  Notice of Appeal to the USCA for the 9th Circuit filed by Hale Lane Peek Dennison, David A Garcia as to Pac Equities, Inc (Durkee, Tanya) (Entered: 03/05/2008)
03/05/2008276 Transcript of Proceedings as to Pac Equities, Inc for the hearing held on 11/28/07 Day 2 pages 1 - 252 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008277 Transcript of Trial Proceedings as to Pac Equities, Inc for the hearing held on 11/29/07 Day 3 pages 253 - 414 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008278 Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 11/30/07 Day 4 pages 415 - 599 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008279 Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 12/3/07 Day 5 pages 600 - 868 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008280 Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 12/4/07 Day 6 pages 879 - 1097 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008281 Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 12/5/07 Day 7 pages 1098 - 1377 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Entered: 03/06/2008)
03/05/2008282 Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 12/6/07 Day 8 pages 1378 - 1637 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008283 Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 12/7/07 Day 9 pages 1638 - 1851 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/05/2008284 Partial Transcript of Trial Proceedings as to Michael Marks Rich for the hearing held on 12/10/07 Day 10 pages 1852 - 2003 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (original filed in CR 05-60140-HO) (Entered: 03/06/2008)
03/07/2008285 Scheduling Order as to Pac Equities, Inc; Continuing 3/25/08 Hearing on Evidentiary Hearing on McKittrick's Motion 53 to Determine Amount Owed to Receivership Estate from Southview Properties LLC and McKittrick's Motion in Limine 258 Oral Argument is reset for 4/22/2008 at 11:15AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 03/07/2008)
03/07/2008286 Transcript of Proceedings as to Pac Equities, Inc for the hearing held on 1/15/08 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (sln) (Entered: 03/10/2008)
03/07/2008  USCA-9th Circuit Appeal Fee Paid $455 received Receipt number 20144 issued regarding Notice of Appeal 275 by Hale Lane Peek Dennison, David Garcia (sln) (Entered: 03/10/2008)
03/18/2008287 Transcript of Proceedings as to Pac Equities, Inc for the hearing held on 9/14/07 before Judge Thomas M. Coffin. Court Reporter: Deborah Wilhelm. (sln) (Entered: 03/18/2008)
03/19/2008288  Transcript Designation and Order Form filed by Hale Lane Peek Dennison as to Pac Equities, Inc for the hearing held on 9/14/07, 1/15/08 before Judge Michael R. Hogan Court Reporter: Deborah Wilhelm (sln) (Entered: 03/21/2008)
03/24/2008289 Certificate of Record transmitted to USCA-9th Circuit as to Pac Equities, Inc regarding Notice of Appeal 275 USCA # 08-35212. (sln) (Entered: 03/24/2008)
03/24/2008290 USCA-9th Circuit Order for Time Schedule regarding Notice of Appeal 275 (sln) (Entered: 03/24/2008)
03/24/2008  USCA-9th Circuit Case Number as to Pac Equities, Inc 08-35212 for Notice of Appeal 275 filed by Hale Lane Peek Dennison, David A Garcia. (sln) (Entered: 03/24/2008)
04/04/2008291  Motion to Quash or Modify Subpoena of Ray Jordan Oral Argument requested. filed by Southview Properties as to Pac Equities, Inc. (Sullivan, Robert) (Entered: 04/04/2008)
04/04/2008292 Certificate of Service by Southview Properties as to Pac Equities, Inc Motion to Quash Records Jordan Subpoena (Sullivan, Robert) (Entered: 04/04/2008)
04/07/2008293 Scheduling Order as to Pac Equities, Inc - Southview Properties Motion 291 to Quash or Modify Subpoena of Ray Jordan - Oral Argument is set for 4/22/2008 at 11:15AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 04/07/2008)
04/08/2008294  Memorandum in Support of Motion by USA as to Pac Equities, Inc in support of Receiver's request for an evidentiary hearing to determine balance owed by Southview LLC (Attachments: # 1 Attachment Stipulated Order Appointment Temporary Receiver# 2 Attachment Stipulated Order Appointing Permanent Receiver) (Hoar, Sean) (Entered: 04/08/2008)
04/10/2008295 Scheduling Order as to Pac Equities, Inc; ADVANCING Time Set for Sentencing on 4/15/2008 from 11am to 10:30AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 04/10/2008)
04/14/2008296 Record of Order as to Pac Equities, Inc; Transcription errors have been found in the trial transcript filed on 3/5/08 regarding document #276, day 2 on pages 115, 116 and document #284, day 10 partial on page 1863. Referenced pages have been corrected and substituted to reflect correction of the word "author" to "offerer"; and "offer" to "offerer." (Original Transcript filed in 05-60140-HO) by Judge Michael R Hogan (lf) (lf) (Entered: 04/14/2008)
04/14/2008297 Scheduling Order as to Pac Equities, Inc; ADVANCING Time Set for Sentencing on 4/15/2008 from 10:30am to 10:15AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 04/14/2008)
04/15/2008298 Minutes of Proceedings:Sentencing Hearing held before Judge Michael R Hogan as to Defendant Pac Equities, Inc. See Formal Judgment. Defendant advised of right to appeal.Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: No counsel for defendant.(Court Reporter Deborah Wilhelm)(Interpreter for Defendant Present: None) (lf) (Entered: 04/15/2008)
04/17/2008299 Scheduling Order as to Pac Equities, Inc: ADVANCING Time Set for Oral Argument - Motion 53 to Request Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties LLC, Motion 291 to Quash or Modify Subpoena of Ray Jordan, and Motion 258 in Limine - Oral Argument on 4/22/2008 from 11:15am to 10:30AM in Eugene before U. S. District Judge Michael R Hogan. by Judge Michael R Hogan (lf) (Entered: 04/17/2008)
04/17/2008300  Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion to Quash 291 filed by Interested Non-Party Southview Properties (Schleicher, Tara) (Entered: 04/17/2008)
04/17/2008301  Declaration by Tara J. Schleicher regarding Response to Motion 300 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit A) (Schleicher, Tara) (Entered: 04/17/2008)
04/18/2008302  Response to Motion by Southview Properties as to Pac Equities, Inc regarding Motion in Limine 258 filed by Receiver Peter C. McKittrick Opposition to Receiver's Motion In Limine (Sullivan, Robert) (Entered: 04/18/2008)
04/18/2008303 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Response to Motion 302 (Sullivan, Robert) (Entered: 04/18/2008)
04/18/2008304  Declaration by Harry R. Jordan, CPA In Support of Southview Properties,LLC's Objection to Receiver's Motion in Limine (Sullivan, Robert) (Entered: 04/18/2008)
04/18/2008305 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Declaration 304 of Harry R. Jordan in Support of Southview Properties, LLC's Objection to Receiver's Motions in Limine (Sullivan, Robert) (Entered: 04/18/2008)
04/18/2008306  Memorandum in Opposition to Motion by Southview Properties as to Pac Equities, Inc Southview's Response to Government's Memorandum in Support (Sullivan, Robert) (Entered: 04/18/2008)
04/18/2008307 Certificate of Service by Southview Properties as to Pac Equities, Inc regarding Memorandum in Opposition 306 to Government's Memorandum in Support (Sullivan, Robert) (Entered: 04/18/2008)
04/22/2008308 Minutes of Proceedings: - Oral Argument before Judge Michael R Hogan as to Pac Equities, Inc held on 4/22/2008 regarding Motions #53, 238 and 291. Receiver McKittrick's Motion 258 in Limine - Denied. McKittrick's Motion 53 to Request Evidentiary Hearing to Determine Amount Owed to Receivership Estate from Southview Properties LLC - Granted. Interested Non-Party Southview Properties' Motion 291 to Quash or Modify Subpoena of Ray Jordan - Denied. Counsel Present for Plaintiff: None.Counsel Present for Defendant - None. Rob Sullivan for Greg Bressert, Tara Schleicher for Receiver Peter McKittrick present as counsel. (Mr. McKittrick Receiver - via phone).(Court Reporter Deborah Wilhelm)(Interpreter for Defendant Present: None) (lf) (Entered: 04/22/2008)
04/24/2008311 Scheduling Order as to Pac Equities, Inc; Administrative Correction to 4/15/08 Sentencing Hearing to add the following: The defendant corporation is to pay full restitution to the victims on file with the district court clerk, and the defendant is to receive credit for the April 2, 2007 distribution from the Receiver to the victims in the amount of $2,818,009.55, as well as the March 6, 2008 distribution from the Receiver to the victims in the amount of $3,000,000, for a total of $5,818,009.55. The defendant corporation shall pay the remaining restitution, jointly and severally with Phyllis Rich in CR 05-60141-HO-1 and Michael Marks Rich in CR 05-60140-HO-1. Ordered by Judge Michael R Hogan (lf) (Entered: 04/28/2008) by Judge Michael R Hogan (lf) (Entered: 04/28/2008)
04/25/2008309 Transcript of Proceedings - Sentencing as to Pac Equities, Inc for the hearing held on 4/15/08 before Judge Michael R. Hogan. Court Reporter: Deborah Wilhelm. (original filed in CR 05-60140-HO) (sln) (Entered: 04/25/2008)
04/25/2008310 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Pretrial Order (Schleicher, Tara) (Entered: 04/25/2008)
05/02/2008312  Notice by Peter C. McKittrick as to Pac Equities, Inc of Payment to Receiver, Farleigh Wada Witt and Henderson Bennington Moshofsky (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (McKittrick, Peter) (Entered: 05/02/2008)
05/05/2008313  Motion for Issuance of Stipulated Order to Release Documents and Materials in Possession of United States to Receiver for Use by Third Party Litigants filed by USA as to Pac Equities, Inc. (Attachments: # 1 Attachment Stipulated Order to Release Documents and Materials in Possession of United States to Receiver for Use by Third Party Litigants) (Hoar, Sean) (Entered: 05/05/2008)
05/06/2008314 ORDER Granting 313 Motion for Order to release documents and materials in possession of the United States to receiver for use by third party litigants as to Pac Equities, Inc (1) by Judge Michael R Hogan signed on 5/6/08. (sln) (Entered: 05/07/2008)
05/15/2008315  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc Receiver's Accounting and Status Report as of March 31, 2008 (Attachments: # 1 Schedule A# 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 Exhibit 9 - Part 1# 11 Exhibit 9 - Part 2# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12) (McKittrick, Peter) (Entered: 05/15/2008)
05/16/2008316 Order of USCA-9th Circuit (copy) as to Pac Equities, Inc regarding Notice of Appeal 275 USCA # 08-35212 - this appeal is expedited. Opening brief due 21 days; Answering brief due 51 days; (sln) (Entered: 05/16/2008)
05/19/2008317 Stipulated Motion for Protective Order filed by Southview Properties as to Pac Equities, Inc. (Attachments: # 1 Exhibit A) (Sullivan, Robert) (Entered: 05/19/2008)
05/22/2008318 STIPULATED PROTECTIVE ORDER - Granting 317 Motion for Protective Order as to Pac Equities, Inc (1) by Judge Michael R Hogan signed on 5/21/08. (sln) (Entered: 05/22/2008)
06/11/2008319 Scheduling Order as to Pac Equities, Inc ; 1 1/2 Day Evidentiary Hearing is set for 9/24/2008 at 09:30AM in Eugene before U.S. District Judge Michael R. Hogan.Ordered by Judge Michael R. Hogan (lf) (Entered: 06/11/2008)
06/27/2008320 Scheduling Order as to Pac Equities, Inc: Settlement Conference (re: Pac Equities/Southview Properties)is set for 7/23/2008 at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. Presence of all parties with settlement authority required. This includes anyone who is to have input on the decision of whether or not to settle the case. All settlement conferences invariably involve a negotiating process, the sifting of facts, the analysis of legal issues, and the candid evaluation of the strengths and weaknesses of a partys case, along with a candid appraisal of the anticipated gains from further litigation balanced against the risks associated with that litigation. If any of the parties is going to seek input from a third person(s) regarding decisions associated with the settlement of a case, that third person should be present during all phases of the settlement process. Examples would include a spouse, parent, or any other adviser upon whom the party will rely upon for advice. Ordered parties to submit settlement document to the court by July 16, 2008, 5:00 p.m.,, in which they state realistic proposals they are willing to make or accept to resolve this case. The settlement submission must be e-mailed to: coffin_settlement@ord.uscourts.gov by Judge Thomas M. Coffin (cw) (Entered: 06/27/2008)
06/27/2008321  Order as to Pac Equities, Inc: The court's minute order (#320) is amended to reflect: Settlement Conference is set for JULY 24, 2008, at 10:00AM in Eugene before Magistrate Judge Thomas M. Coffin. by Judge Thomas M. Coffin (cw) (Entered: 06/27/2008)
06/27/2008322 Scheduling Order as to Pac Equities, Inc; In Chambers Conference is set for 8/5/2008 at 09:20AM in Eugene before U.S. District Judge Michael R. Hogan. by Judge Michael R. Hogan (lf) (Entered: 06/27/2008)
07/18/2008324 Judgment & Commitment as to Pac Equities, Inc (1), Counts 1s, 2s, 3s - SENTENCE DATE: 4/15/08; RESTITUTION: $10,362,689.81 joint and several with Michael Rich CR 05-60140 and Phyllis Rich CR 05-60141; SPECIAL ASSESSMENT: $300.00. Counts 1, 2 dismissed on the motion of the United States. by Judge Michael R. Hogan signed on 7/18/08. (sln) (Entered: 07/30/2008)
07/24/2008323 Minutes of Proceedings:Settlement Conference before Judge Thomas M. Coffin as to Pac Equities, Inc/Southview Properties. Counsel shall notify the clerk (Christy Weller, 541-431-4106) by telephone of the status of this proceeding by 10/1/08. Ordered Evidentiary Hearing is reset from 9/24/08, to 11/5/2008 at 09:00AM in Eugene before U.S. District Judge Michael R. Hogan. Present on behalf of the Government: Sean Hoar; Present on behalf of Receiver: Peter McKittrick, Kathryn Salyer; Present on behalf of Southview Properties: Rob Sullivan (cw) (Entered: 07/24/2008)
07/30/2008325 Scheduling Order as to Pac Equities, Inc ; Continuing 8/5/08 In Chambers Conference to 10/14/2008 at 09:15AM in Eugene before U.S. District Judge Michael R. Hogan at U.S. Courthouse on the 5th Floor. by Judge Michael R. Hogan (lf) (Entered: 07/30/2008)
08/15/2008326  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc for Quarter Ended June 30, 2008 (Attachments: # 1 Schedule A# 2 Exhibit 1# 3 Exhibit 2) (McKittrick, Peter) (Entered: 08/15/2008)
10/06/2008327 Scheduling Order as to Pac Equities, Inc Status Conference is set for 10/9/2008 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. by Judge Thomas M. Coffin (cw) (Entered: 10/06/2008)
10/06/2008328 Scheduling Order as to Pac Equities, Inc Status Conference set for 10/9/2008, is rescheduled from 10:00AM to 02:00PM by Telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. by Judge Thomas M. Coffin (cw) (Entered: 10/06/2008)
10/09/2008329 Minutes of Proceedings:- Telephone Staus Conference held before Judge Thomas M Coffin as to Pac Equities, Inc. regarding Southview Properties. Evidentiary Hearing continued from 11/5/08 to 1/7/2009 (not 1/6/09) at 09:00AM in Eugene before U.S. District Judge Michael R. Hogan.Counsel Present: Tara Schleicher for Receiver, Robert Sullivan for Southview Properties, Peter McKittrick Receiver.(Court Reporter Kristi Anderson)(Interpreter for Defendant Present: None) (lf) (Entered: 10/09/2008)
10/14/2008330 Minutes of Proceedings: - In-Chambers Conference held before Judge Michael R. Hogan as to Pac Equities, Inc.Counsel Present for Plaintiff: Robert Nesler and Sean Hoar.Counsel Present for Defendant: No Attorney for defendant. Peter McKittrick for Receiver.(Court Reporter None)(Interpreter for Defendant Present: None) (lf) (Entered: 10/16/2008)
11/17/2008331  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc as of September 30, 2008 (Attachments: # 1 Exhibit 1) (McKittrick, Peter) (Entered: 11/17/2008)
12/30/2008332 Scheduling Order as to Pac Equities, Inc ; Upon notification of counsel, the 1/7/09 Evidentiary Hearing is vacated. Counsel to file a Notice of Intent to Settle for the court's review. by U.S. District Judge Michael R. Hogan (lf) (Entered: 12/30/2008)
01/09/2009333 MANDATE of USCA-9th Circuit as to Pac Equities, Inc regarding Notice of Appeal 275 USCA # 08-35212 The decision of the District Court is: Affirmed (sln) (Entered: 01/09/2009)
02/17/2009334  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc as of December 31, 2008 (McKittrick, Peter) (Entered: 02/17/2009)
03/07/2009335  Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Relieving the Receiver from Certain of the Provisions of 28 USC ยงยง 2001-2002 filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (McKittrick, Peter) (Entered: 03/07/2009)
03/07/2009336  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Reliev Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Reliev 335 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 03/07/2009)
03/07/2009337  Declaration by Peter C. McKittrick regarding Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Reliev Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Reliev 335 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 03/07/2009)
03/07/2009338  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Reliev Motion for Order (i) Authorizing the Sale of La Pine Property Free and Clear of All Liens, Claims, Interests and Encumbrances, (ii) Authorizing the Receiver to Pay Certain LIens; and (iii) Approving the Receiver's Proposed Sale Process and Reliev 335 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 03/07/2009)
03/26/2009339 Proposed Form of Order Submitted for Defendant Pac Equities, Inc on Receiver's Notice of Intent to Sell La Pine Property (Schleicher, Tara) (Entered: 03/26/2009)
03/27/2009340 ORDER on receiver's notice of intent to sell La Pine Property; Receiver's proposed sales process is approved. by Magistrate Judge Thomas M. Coffin signed on 3/27/09. (sln) (Entered: 03/27/2009)
03/30/2009341  Motion Approve Settlement and Issue Claims Bar Order and Injunction Oral Argument requested. filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (Stephens, John) (Entered: 03/30/2009)
03/30/2009342  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 03/30/2009)
03/30/2009343  Declaration by David A. Garcia regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 03/30/2009)
03/30/2009344  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 03/30/2009)
03/30/2009345  Declaration by Timothy A. Lukas regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 03/30/2009)
03/30/2009346  Declaration by Robert J. McGaughey regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (Stephens, John) (Entered: 03/30/2009)
03/30/2009347 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Memorandum in Support 342 , Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 , Declaration 346 , Declaration 343 , Declaration 345 (Stephens, John) (Entered: 03/30/2009)
03/31/2009348 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Notice (Generic) 344 Receiver's Notice of Hearing on Motion for Approval of Settlement, Claims Bar, and Injunction (Stephens, John) (Entered: 03/31/2009)
03/31/2009349  Declaration by Michael J. Esler regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit A) (Stephens, John) (Entered: 03/31/2009)
03/31/2009350 Certificate of Service by Peter C. McKittrick as to Pac Equities, Inc regarding Declaration 349 of Michael J. Esler (Stephens, John) (Entered: 03/31/2009)
04/20/2009351 Scheduling Order as to Pac Equities, Inc - Receiver's Motion 341 Approve Settlement and Issue Claims Bar Order and Injunction - Oral Argument is set for 5/5/2009 at 11:00AM in Eugene before U.S. District Judge Michael R. Hogan. by U.S. District Judge Michael R. Hogan (lf) (Entered: 04/20/2009)
05/01/2009352  Objection by W. Scott Baumhofer as to Pac Equities, Inc regarding Motion Approve Settlement and Issue Claims Bar Order and Injunction 341 filed by Receiver Peter C. McKittrick (sln) (Entered: 05/06/2009)
05/05/2009353 Minutes of Proceedings: - Oral Argument held on Receiver's Motion #341 to Approve Settlement & Issue Claims Bar Order and Injunction - Motion Granted. Receiver to submit form of 54(b) judgment. Movant Baumhofer's Objection #352 inasmuch as it is construed as a motion is denied. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendants: John Stephens for Receiver, Michael Esler for McKittrick - 3rd Party Defendant, Bob McGaughey present on behalf of investors.(Court Reporter Deborah Wilhelm)(Interpreter for Defendant Present: none) (lf) (Entered: 05/07/2009)
05/08/2009354 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Order allowing Receiver's Motion to Approve Hale Lane Settlement and to Issue Claims Bar Order and Injunction (Stephens, John) (Entered: 05/08/2009)
05/08/2009355 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Fed. R. Civ. P. 54(b) Judgment (Stephens, John) (Entered: 05/08/2009)
05/08/2009356 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Letter to Judge Hogan regarding no opposition to form of order and judgment (Stephens, John) (Entered: 05/08/2009)
05/12/2009357 Unopposed Motion for Extension of Time to File Receiver's Accounting and Status Report as of March 31, 2009 filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (McKittrick, Peter) (Entered: 05/12/2009)
05/13/2009358 Order as to Pac Equities, Inc Receiver Peter C. McKittrick's Motion for Approval of the agreement, claims bar and injunction 341 is granted;Movant W. Scott Baumhofer's motion for exclusion 352 is denied. by U.S. District Judge Michael R. Hogan signed on 5/12/09. (sln) (Entered: 05/13/2009)
05/13/2009359 Final Judgment by U.S. District Judge Michael R. Hogan signed on 5/12/09. (sln) (Entered: 05/13/2009)
05/13/2009360 ORDER Granting Receiver's Motion 357 for Extension of Time to 5/22/09 to file Receiver's Report as to Pac Equities, Inc (1) by U.S. District Judge Michael R. Hogan (sln) (Entered: 05/13/2009)
05/21/2009361  Notice by Peter C. McKittrick as to Pac Equities, Inc Receiver's Notice of Intent to Settle (Southview Properties, LLC) (Schleicher, Tara) (Entered: 05/21/2009)
05/22/2009362  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc as of March 31, 2009 (McKittrick, Peter) (Entered: 05/22/2009)
06/03/2009363  Motion for Authorization to Make Third Interim Distribution filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (McKittrick, Peter) (Entered: 06/03/2009)
06/03/2009364  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Authorization to Make Third Interim Distribution 363 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 06/03/2009)
06/03/2009365  Notice by Peter C. McKittrick as to Pac Equities, Inc of Payment to Receiver and Farleigh Wada Witt, Henderson Bennington Moshofsky, PC and Advanced Development and Notice of Motion for ORder Authorizing Receiver to Make Third Interim Distribution (McKittrick, Peter) (Entered: 06/03/2009)
06/12/2009366  Motion For Order Authorizing Initial Allocation and Distribution of Settlement Proceeds filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (McKittrick, Peter) (Entered: 06/12/2009)
06/12/2009367  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion For Order Authorizing Initial Allocation and Distribution of Settlement Proceeds 366 filed by Receiver Peter C. McKittrick (McKittrick, Peter) (Entered: 06/12/2009)
06/12/2009368  Declaration by Peter C. McKittrick regarding Motion For Order Authorizing Initial Allocation and Distribution of Settlement Proceeds 366 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (McKittrick, Peter) (Entered: 06/12/2009)
06/12/2009369 Proposed Form of Order Submitted for Defendant Pac Equities, Inc (McKittrick, Peter) COURT NOTE: wrong document attached Modified on 6/15/2009 (sln). (Entered: 06/12/2009)
06/12/2009370 Proposed Form of Order Submitted for Defendant Pac Equities, Inc (McKittrick, Peter) (Entered: 06/12/2009)
06/16/2009371 Objection to Receiver's method of calculating third distribution by Marcia Garland as to Pac Equities, Inc regarding Motion for Authorization to Make Third Interim Distribution 363 filed by Receiver Peter C. McKittrick (sln) (Entered: 06/16/2009)
06/25/2009372 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Approving Receiver's Notice of Intent to Settle (Southview Properties, LLC) (Schleicher, Tara) (Entered: 06/25/2009)
06/25/2009373  Declaration by Tara J. Schleicher Regarding Non-Receipt of Objections to Receiver's Notice of Intent to Settle (Southview Properties, LLC) (Schleicher, Tara) (Entered: 06/25/2009)
06/29/2009374  Reply to Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Authorization to Make Third Interim Distribution 363 (McKittrick, Peter) (Entered: 06/29/2009)
07/13/2009375 Order approving receiver's notice of intent to settle (Southview Properties, LLC) by U.S. District Judge Michael R. Hogan signed on 7/13/09. (sln) (Entered: 07/15/2009)
08/14/2009376 ORDER Granting 366 Motion for Order Authorizing Initial Allocation and Distribution of Settlement Proceeds as to Pac Equities, Inc (1) by U.S. District Judge Michael R. Hogan signed on 8/12/09. (sln) (Entered: 08/14/2009)
08/17/2009377 Unopposed Motion for Extension of Time to File Receiver's Accounting and Status Report as of June 30, 2009 filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (McKittrick, Peter) (Entered: 08/17/2009)
08/24/2009378  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc as of June 30, 2009 (Schleicher, Tara) (Entered: 08/24/2009)
08/24/2009  Appeal Record Returned as to Defendant Pac Equities, Inc regarding Notice of Appeal 275 USCA # 08-35212 (sln) (Entered: 08/25/2009)
08/25/2009379 ORDER Granting 377 Motion for Extension of Time to 8/24/09 to file receiver's accounting and status report. Status report was filed on 8/24/09. by U.S. District Judge Michael R. Hogan (sln) (Entered: 08/25/2009)
10/16/2009380  Notice by Peter C. McKittrick as to Pac Equities, Inc TO SELL BAXTER ROAD PROPERTY (Schleicher, Tara) (Entered: 10/16/2009)
11/16/2009381  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc (McKittrick, Peter) (Entered: 11/16/2009)
11/17/2009382 Supplemental Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Authorization to Make Third Interim Distribution 363 filed by Receiver Peter C. McKittrick (Salyer, Kathryn) (Entered: 11/17/2009)
11/17/2009383  Declaration by Peter C. McKittrick regarding Memorandum in Support 382 filed by Receiver Peter C. McKittrick (Salyer, Kathryn) (Entered: 11/17/2009)
11/17/2009384  Notice by Peter C. McKittrick as to Pac Equities, Inc of Amended Request to Make Third Interim Distribution and Deadline for Objections (Salyer, Kathryn) (Entered: 11/17/2009)
11/17/2009385 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Authorizing Third Interim Distribution (Salyer, Kathryn) (Entered: 11/17/2009)
11/30/2009389 Objection by Marcia Garland regarding Motion for Authorization to Make Third Interim Distribution 363 filed by Receiver Peter C. McKittrick (sln) (Entered: 12/02/2009)
12/01/2009386  Memorandum in Opposition to Motion by Wonser party as to Pac Equities, Inc regarding Notice (Generic) 384 filed by Receiver Peter C. McKittrick (McGaughey, Robert) (Entered: 12/01/2009)
12/01/2009387  Exhibit by Wonser party as to Pac Equities, Inc regarding Notice (Generic) 384 filed by Receiver Peter C. McKittrick (McGaughey, Robert) (Entered: 12/01/2009)
12/01/2009388  Declaration by Robert J. McGaughey regarding Notice (Generic) 384 filed by Receiver Peter C. McKittrick (McGaughey, Robert) (Entered: 12/01/2009)
12/07/2009390 Scheduling Order as to Pac Equities, Inc (related document(s)): Motion for Authorization to Make Third Interim Distribution 363 Oral Argument is set for 12/15/2009 at 10:45AM in Eugene before U.S. District Judge Michael R. Hogan. by U.S. District Judge Michael R. Hogan (cw) (Entered: 12/07/2009)
12/15/2009391  Response to 389 , 388 , 387 , 386 filed by Peter C. McKittrick as to Pac Equities, Inc (Attachments: # 1 Exhibit A) (McKittrick, Peter) (Entered: 12/15/2009)
12/15/2009392 Minutes of Proceedings:Motion Hearing before U.S. District Judge Michael R. Hogan as to Pac Equities, Inc held on 12/15/2009 regarding Motion for Authorization to Make Third Interim Distribution 363 filed by Receiver Peter C. McKittrick. Ordered motion 363 is taken under advisement. Appearing at hearing: Marcia Garland, Mark Wonser. Motion is taken under advisement as of 12/15/2009.Counsel Present : Sean Hoar, Peter McKittrick, Robert McGaughey.(Court Reporter Deborah Wilhelm) (cw) (Entered: 12/15/2009)
12/15/2009393 ORDER authorizing Third Interim Distribution - Granting 363 Motion for Authorization by U.S. District Judge Michael R. Hogan signed on 12/15/09. (sln) (Entered: 12/23/2009)
02/01/2010394 Proposed Form of Order Submitted for Defendant Pac Equities, Inc Approving Sale of Baxter Road Property (Attachments: # 1 Exhibit A) (McKittrick, Peter) (Entered: 02/01/2010)
02/04/2010395 Order approving sale of Baxter Road property by U.S. District Judge Michael R. Hogan signed on 2/4/10. (sln) (Entered: 02/05/2010)
02/16/2010396  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc Receiver's Accounting and Status Report as of December 31, 2009 (McKittrick, Peter) (Entered: 02/16/2010)
07/14/2010397  Motion to Compel Receiver to Distribute Funds Oral Argument requested. filed by Wonser party as to Defendant Pac Equities, Inc. (Attachments: # 1 Attachment, # 2 Exhibit, # 3 Attachment) (McGaughey, Robert) (Entered: 07/14/2010)
07/20/2010398 Scheduling Order as to Pac Equities, Inc (related document): Motion to Compel Receiver to Distribute Funds 397 . Oral Argument is set for 9/14/2010 at 11:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. by U.S. District Judge Michael R. Hogan (jw) (Entered: 07/20/2010)
07/23/2010399  Motion for Authorization to To Pay Legal Fees filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (Attachments: # 1 Exhibit Exhibit A) (Salyer, Kathryn) (Entered: 07/23/2010)
07/23/2010400  Memorandum in Support of Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Authorization to To Pay Legal Fees 399 filed by Receiver Peter C. McKittrick (Attachments: # 1 Attachment Certificate of Service) (Salyer, Kathryn) (Entered: 07/23/2010)
07/28/2010401  Memorandum in Opposition to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion to Compel Receiver to Distribute Funds 397 filed by Interested Party Wonser party (Salyer, Kathryn) (Entered: 07/28/2010)
08/02/2010402  Response to Motion by Wonser party as to Pac Equities, Inc regarding Motion for Authorization 399 filed by Receiver Peter C. McKittrick (Attachments: # 1 Attachment) (McGaughey, Robert) (Entered: 08/02/2010)
08/02/2010403  Reply to Response to Motion by Wonser party as to Pac Equities, Inc regarding Motion to Compel Receiver to Distribute Funds 397 (Attachments: # 1 Exhibit, # 2 Attachment) (McGaughey, Robert) (Entered: 08/02/2010)
08/04/2010404 Scheduling Order as to Pac Equities, Inc (related document): Motion for Authorization to To Pay Legal Fees 399 . Oral Argument is set for 9/14/2010 at 11:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. by U.S. District Judge Michael R. Hogan (jw) (Entered: 08/04/2010)
08/18/2010405  Reply to Response to Motion by Peter C. McKittrick as to Pac Equities, Inc regarding Motion for Authorization to To Pay Legal Fees 399 (Attachments: # 1 Declaration of Peter C. McKittrick) (Schleicher, Tara) (Entered: 08/18/2010)
09/03/2010406 Supplemental Motion for Authorization to Receiver to Make Fourth Interim Distribution filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (Attachments: # 1 Memorandum, # 2 Certificate of Service) (McKittrick, Peter) (Entered: 09/03/2010)
09/03/2010407  Notice by Peter C. McKittrick as to Pac Equities, Inc regarding Supplemental Motion for Authorization to Receiver to Make Fourth Interim Distribution 406 filed by Receiver Peter C. McKittrick (Attachments: # 1 Service List) (McKittrick, Peter) (Entered: 09/03/2010)
09/03/2010408  Notice by Peter C. McKittrick as to Pac Equities, Inc Notice of Intent to Sell Baxter Road Property (Attachments: # 1 Service List) (McKittrick, Peter) (Entered: 09/03/2010)
09/03/2010409 Scheduling Order as to Pac Equities, Inc re Motion to Compel Receiver to Distribute Funds 397 , Motion for Authorization to To Pay Legal Fees 399 and Supplemental Motion for Authorization to Receiver to Make Fourth Interim Distribution 406 . Oral Argument is reset from 9/14/2010 to 9/17/2010 at 11:00AM in Eugene Courtroom 1 before U.S. District Judge Michael R. Hogan. Ordered by U.S. District Judge Michael R. Hogan (jw) (Entered: 09/06/2010)
09/15/2010410  Status Report filed by Peter C. McKittrick as to Pac Equities, Inc (McKittrick, Peter) (Entered: 09/15/2010)
09/17/2010412 Minutes of Proceedings: Motion Hearing before U.S. District Judge Michael R. Hogan as to Pac Equities, Inc held on 9/17/2010 regarding Motion for Authorization to To Pay Legal Fees 399 filed by Receiver Peter C. McKittrick, Motion to Compel Receiver to Distribute Funds 397 filed by Interested Party Wonser party, and Supplemental Motion for Authorization to Receiver to Make Fourth Interim Distribution 406 filed by Receiver Peter C. McKittrick. The Wonser investors' Motion to Compel Receiver to Distribute Funds 397 is DENIED as moot. Pursuant to the agreement between the parties regarding the amount of legal fees to be paid, the Receiver's Motion for Authorization to Pay Legal Fees 399 is hereby GRANTED. The Receiver's Motion requesting authority to make a fourth interim distribution 406 , is hereby GRANTED. The receiver is ordered to make the fourth interim distribution. Counsel to submit form of order. Counsel Present for Plaintiff: Sean Hoar.Counsel Present for Defendant: Kelly Beckley. Counsel Present for Receiver: Peter McKittrick. Other Counsel Present: Michael Esler and Richard M. Layne.(Court Reporter Deb Wilhelm) (jw) (Entered: 09/20/2010)
09/20/2010411  Proposed Form of Order Submitted for Defendant Pac Equities, Inc Approving Sale of Baxter Road Property (Attachments: # 1 Declaration of Non-Receipt of Objections) (McKittrick, Peter) (Entered: 09/20/2010)
09/21/2010413  Proposed Form of Order Submitted for Defendant Pac Equities, Inc Approving Sale of Baxter Road Property (McKittrick, Peter) (Entered: 09/21/2010)
09/22/2010414 Order approving sale of Baxter Road Property by U.S. District Judge Michael R. Hogan signed on 9/22/10. (sln) (Entered: 09/23/2010)
10/04/2010415  Notice by Peter C. McKittrick as to Pac Equities, Inc Intent to Assign Debt (Southview Properties) and Trust Deed to Columbia Community Bank (Attachments: # 1 Attachment Exhibit A-Service List) (McKittrick, Peter) (Entered: 10/04/2010)
10/08/2010416 Order as to Pac Equities, Inc the parties inform this court that they have reached agreement on the Wonser investors' Motion to Compel Receiver to Distribute Funds, and the Receiver's Motion for Authorization to pay Legal Fees, and there is no objections heard to the Motion for the Receiver to Make Fourth Interim Distribution - See Attached order for courts ruling. by U.S. District Judge Michael R. Hogan signed on 10/8/10. (sln) (Entered: 10/08/2010)
12/20/2010417  Proposed Form of Order Submitted for Defendant Pac Equities, Inc Approving Notice of Intent to Assign Debt (Southview Properties) and Trust Deed to Columbia Community Bank (Schleicher, Tara) (Entered: 12/20/2010)
12/20/2010418  Declaration by Tara J. Schleicher regarding Notice (Generic) 415 filed by Receiver Peter C. McKittrick Regarding Non-Receipt of Objections (Schleicher, Tara) (Entered: 12/20/2010)
12/30/2010419 Order approving Receiver's Notice of intent to assign debt (Southview Properties, LLC) and Trust Deed to Columbia Community Bank by U.S. District Judge Michael R. Hogan signed on 12/30/10. (sln) (Entered: 01/03/2011)
08/12/2011420  Notice by Peter C. McKittrick as to Pac Equities, Inc of Intent to Sell Grays Harbor County, Washington Property (McKittrick, Peter) (Entered: 08/12/2011)
09/08/2011421  Motion For Approval To Sell Real Property (Shoalwater Property) Free And Clear of Liens And Partial Assignments filed by Peter C. McKittrick as to Defendant Pac Equities, Inc. (Schleicher, Tara) (Entered: 09/08/2011)
09/08/2011422  Declaration by Peter C. McKittrick regarding Motion For Approval To Sell Real Property (Shoalwater Property) Free And Clear of Liens And Partial Assignments 421 filed by Receiver Peter C. McKittrick (Attachments: # 1 Exhibit 1) (Schleicher, Tara) (Entered: 09/08/2011)
09/08/2011423  Proposed Form of Order Submitted for Defendant Pac Equities, Inc (Schleicher, Tara) (Entered: 09/08/2011)
09/13/2011424 ORDER Granting 421 Motion approving Sale of Real Property Free and Clear of Liens and partial Assignments (Shoalwater Property) as to Pac Equities, Inc (1)Signed on 9/12/11. by U.S. District Judge Michael R. Hogan (sln) (Entered: 09/13/2011)