CLOSED, APPEAL

United States District Court
District of Nevada (Las Vegas)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00186-PMP -PAL-1


Case title: USA v. Power Company, Inc. et al

Date Filed: 05/26/2006
Date Terminated: 01/26/2007

Assigned to: Judge Philip M. Pro
Referred to: Magistrate Judge Peggy A. Leen
Appeals court case numbers: '08-10126' '9th Circuit Court of Appeals', '08-10126, 08-10335,0' '9th Circuit USCA', '08-10234' 'USCA 9th Circuit', '08-10513' 'USCA 9th Circuit', 11-10071 9th Circuit Court of Appeal

Defendant (1)
Power Company, Inc.
TERMINATED: 01/26/2007
doing business as
Crazy Horse Too
TERMINATED: 01/26/2007
represented byAnthony P Sgro
Patti & Sgro
720 S. 7th Street
Suite 300
Las Vegas, NV 89101
702-385-9595
Fax: 702-386-2737
Email: aturner@pattisgrolewis.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Kenneth G. Frizzell, III
Law Office of Kenneth G. Frizzell, III
509 South Sixth Street
Las Vegas, NV 89101
702-366-1230
Fax: 702-384-9961
Email: frizzelllaw@yahoo.com
ATTORNEY TO BE NOTICED
Designation: Retained

Mark C. Hafer
Patti, Sgro & Lewis
720 S. 7th Street
Suite 300
Las Vegas, NV 89101
702-385-9595
Fax: 702-386-2737
Email: mchafer@pattisgrolewis.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18l1962(d) CONSPIRACY TO PARTICIPATE IN AN ENTERPRISE THROUGH A PATTERN OF RACKETEERING
(1)
SENTENCED 1/23/07

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
James C. Barrier
doing business as
Allstate Motor and Marine
represented byKim D. Price
Flangas, McMillan
3275 S. Jones Blvd.
Suite 105
Las Vegas, NV 89146
702-307-9500
Fax: 702-382-9452
Email: KDP@flangasmcmillan.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Interested Party
Jes-Jen-Eli-Jer Corporation
doing business as
BWF Wrestling School
represented byKim D. Price
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Interested Party
Bart Rizzolo represented byDavid B Smith
English & Smith
526 King Street
Alexandria, VA 22314
703-548-8911
Fax: 703-548-8935
Email: dsmith@englishandsmith.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Dominic P. Gentile
Gordon & Silver, Ltd.
3960 Howard Hughes Parkway.
Ninth Floor
Las Vegas, NV 89169
702-796-5555
Fax: 702-369-2666
Email: USDCNOTICES@gordonsilver.com

Karen L. Hanks
Gordon & Silver
3960 Howard Hughes Pkwy
9th Floor
Las Vegas, NV 89109-
702-796-5555
Fax: 702-369-2666
Email: usdcnotices@gordonsilver.com
ATTORNEY TO BE NOTICED


Interested Party
Federal Deposit Insurance Corporation
as Receiver of Security Bank
represented bySteve L. Morris
Morris Pickering & Peterson
900 Bank Of America Plaza
300 S. Fourth Street
Las Vegas, NV 89101
702-474-9400
Fax: 702-474-9422
Email: sm@morrislawgroup.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Haywood S. Gilliam, Jr.
Bingham McCutchen LLP
Three Embarcadero Center
San Francisco, CA 94111
(415) 393-2000
Fax: (415) 393-2286
Email: haywood.gilliam@bingham.com
TERMINATED: 12/09/2008
Designation: Retained

JP Hendricks
Morris Peterson
300 South 4th Street
Las Vegas, NV 89134
702-474-9400
Fax: 702-474-9422
Email: jph@morrislawgroup.com
ATTORNEY TO BE NOTICED

Justin C. Jones
Holland & Hart LLP
3800 Howard Hughes Parkway
Tenth Floor
Las Vegas, NV 89169
(702) 669-4600
Fax: (702) 669-4650
Email: jcjones@hollandhart.com
TERMINATED: 06/08/2008

Kristina Pickering
Morris Peterson
900 Bank Of America Plaza
300 S. Fourth Street
Las Vegas, NV 89101-
702-474-9400
Fax: 702-474-9422
Email: kp@morrislawgroup.com
TERMINATED: 01/07/2009


Interested Party
RICRIZ, LLC represented byFred D Gibson , III
Lionel, Sawyer & Collins
300 S. Fourth St.
Suite 1700
Las Vegas, NV 89101-
702-383-8888
Email: pgibson@lionelsawyer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jennifer L Braster
Lionel Sawyer & Collins
300 S. Fourth Street
Suite 1700
Las Vegas, NV 89101
702-383-8888
Fax: 702-383-8845
Email: jbraster@lionelsawyer.com
ATTORNEY TO BE NOTICED


Interested Party
Nevada Receivership, LLC represented byJodi Donetta Lowry
Dickinson Wright PLLC
7201 West Lake Mead Boulevard
Suite 503
Las Vegas, NV 89128
702-541-7891
Fax: 702-541-7899
Email: jdlowry@dickinsonwright.com
ATTORNEY TO BE NOTICED

Michael M Edwards
Wilson Elser Moskowitz Edelman & Dicker
300 South Fourth Street
11th Floor
Las Vegas, NV 89101-6014
702-727-1400
Fax: 702-727-1401
Email: anne.cordell@wilsonelser.com
TERMINATED: 12/31/2008

Steven A. Gibson
Dickinson Wright PLLC
7201 West Lake Mead Blvd.
Suite 503
Las Vegas, NV 89128
702-541-8200
Fax: 702-541-7899
Email: sgibson@dickinsonwright.com
TERMINATED: 12/19/2008
Designation: Retained

Tracey L. Heinhold
Lewis Brisbois Bisgaard & Smith LLP
6385 S. Rainbow Boulevard
Suite 600
Las Vegas, NV 89118
702-893-3383
Fax: 702-893-3789
Email: heinhold@lbbslaw.com
TERMINATED: 12/31/2008
Designation: Retained


Interested Party
Clark County represented byLaura Rehfeldt
Clark County District Attorney's Office
Civil Division
500 S. Grand Central Pkwy 5th Flr.
P.O. Box 552215
Las Vegas, NV 89155-2215
702-455-4761
Fax: 702-382-5178
Email: LAURA.REHFELDT@ccdanv.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kimberly A. Arguello
Office of the Attorney General
555 E. Washington Ave.
Las Vegas, NV 89101
702-486-3420
Fax: 702-486-3773
Email: karguello@ag.nv.gov
ATTORNEY TO BE NOTICED


Interested Party
Amy Henry represented byC. Stanley Hunterton
Hunterton & Associates
333 S. Sixth St.
Las Vegas, NV 89101
(702) 388-0098
Fax: (702) 388-0361
Email: shunterton@huntertonlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Donald J. Campbell
Campbell & Williams
700 South Seventh Street
Las Vegas, NV 89101
702-382-5222
Fax: 702-382-0540
Email: mary@campbellandwilliams.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Interested Party
State of Nevada, Department of Taxation represented byDavid J. Pope
Nevada Attorney General's Office
Civil, Taxation
555 E. Washington Ave
Suite 3900
Las Vegas, NV 89101-
702-486-3426
Fax: 702-486-3416
Email: djpope@ag.state.nv.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kimberly A. Arguello
(See above for address)
ATTORNEY TO BE NOTICED


Interested Party
Kirk Henry represented byC. Stanley Hunterton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Donald J. Campbell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nathanael R Rulis
Campbell & Williams
700 South Seventh Street
Las Vegas, NV 89101
702-382-5222
Fax: 702-382-0540
Email: nrr@campbellandwilliams.com
ATTORNEY TO BE NOTICED

Philip R Erwin
Campbell & Williams
700 S. 7th St.
Las Vegas, NV 89101
702-382-5222
Fax: 702-382-0540
Email: Perwin@campbellandwilliams.com
ATTORNEY TO BE NOTICED

Wade W. Rabenhorst
Campbell & Williams
700 South Seventh St.
Las Vegas, NV 89101
(702)382-5222
Fax: (702)382-0540
Email: wwr@campbellandwilliams.com
ATTORNEY TO BE NOTICED


Interested Party
City Of Las Vegas represented byJames W. Erbeck
LAS VEGAS CITY ATTORNEY
400 Stewart Avenue, Ninth Floor
Las Vegas, NV 89101
702-229-6629
Fax: 702-386-1749
Email: jerbeck@lasvegasnevada.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Philip R. Byrnes
City Atty's Office- Civil Division
400 Stewart Avenue
9th Floor
Las Vegas, NV 89101-
702-229-6629
Fax: 702-386-1749
Email: pbyrnes@lasvegasnevada.gov
ATTORNEY TO BE NOTICED
Designation: Retained

William P. Henry
City Attorney- Las Vegas
400 Stewart Avenue
9th Floor
Las Vegas, NV 89101-
702-229-6629
Fax: 702-386-1749
Email: whenry@lasvegasnevada.gov
TERMINATED: 07/18/2008
Designation: Retained


Interested Party
Canico Capital Group, LLC
TERMINATED: 07/02/2010
represented byMichael R. Mushkin
Michael R. Mushkin & Associates
4475 South Pecos Road
Las Vegas, NV 89121
702-386-3999
Email: michael@mushlaw.com
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byEric Johnson
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101-
702-388-6336
Fax: 702-388-6418
Email: eric.johnson2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy S. Vasquez
U.S. Attorney
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101
702-388-6556
Email: timothy.s.vasquez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carlos A Gonzalez
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101-
Email: Carlos.Gonzalez2@usdoj.gov
ATTORNEY TO BE NOTICED

Daniel D. Hollingsworth
U.S. Attorney's Office
333 Las Vegas Blvd So
Suite 5000
Las Vegas, NV 89101-
Email: Daniel.Hollingsworth@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/01/2006 MINUTES OF PROCEEDINGS - Waiver of Indictment/Arraignment & Plea as to Power Company, Inc. held on 6/1/2006 before Judge Philip M. Pro. Crtrm Administrator: Kandy Capozzi; AUSA: Eric Johnson; Def Counsel: Anthony Sgro, John Lusk; PTS: Terry Wheaton; Court Reporter/FTR #: Erin Smith; Time of Hearing: 1:48 p.m.; Defense counsel retained. Defense counsel executes and file a waiver of indictment. Resolution of the Shareholders and the Board of Directors of the Power Company with attached Superseding Information and Closing Agreement on Final Determination Covering Specific Matters is filed. Anthony Sgro, authorized and appointed as Corporation's attorney-in-fact for the purpose of taking these actions, enters a GUILTY plea on behalf of the Power Company to count(s) 1 of the Information. Court accepts the guilty plea. This matter is referred to the probation department for investigation and report. Sentencing and disposition set for 9/15/2006 09:30 AM in LV Courtroom 7C before Chief Judge Philip M. Pro.(no image attached) (KMC, ) (Entered: 06/02/2006)
06/02/20063WAIVER OF INDICTMENT as to Power Company, Inc. (LMC) (Entered: 06/02/2006)
06/02/20067 PLEA MEMORANDUM as to Power Company, Inc.: Resolution of the shareholders and the board of directors and closing agreement on final determination covering specific matters attached. (LMC) (Entered: 06/02/2006)
06/23/200611 Submission of PROPOSED ORDER by USA as to Power Company, Inc., Frederick John Rizzolo Order of Forfeiture (Hollingsworth, Daniel) (Entered: 06/23/2006)
06/23/200612 FINAL ORDER OF FORFEITURE as to Power Company, Inc. Signed by Judge Philip M. Pro on 6/23/06. (LMC) (Entered: 06/28/2006)
07/26/200613 SUPPLEMENT by USA as to Power Company, Inc., Frederick John Rizzolo SUPPLEMENT TO CRIMINAL PLEA AGREEMENTS (Johnson, Eric) (Entered: 07/26/2006)
08/18/200614First MOTION for Extension of Time Motion To Extend Presentence Report Process by Power Company, Inc.. (Sgro, Anthony) (Entered: 08/18/2006)
08/21/200615  NOTICE OF HEARING ON 14 First MOTION To Extend Presentence Report Process in case as to Power Company, Inc., Frederick John Rizzolo: Motion Hearing set for 8/28/2006 at 02:00 PM in LV Courtroom 7C before Chief Judge Philip M. Pro. (no image attached)(DMA) (Entered: 08/21/2006)
08/25/200616 MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Power Company, Inc. on 8/25/2006 RE: 14 First MOTION for Extension of Time Motion To Extend Presentence Report Process filed by Power Company, Inc. The Motion hearing currently set 8/28/06 at 2:00 p.m. is CONTINUED to 8/30/2006 at 03:00 PM Courtroom 7C before Chief Judge Philip M. Pro. (no image attached) (ALA) (Entered: 08/25/2006)
08/28/200617 STIPULATION re 14 First MOTION for Extension of Time Motion To Extend Presentence Report Process Stipulation to Continue Sentencing Hearing by Power Company, Inc. (Sgro, Anthony) (Entered: 08/28/2006)
08/30/200618  MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 8/30/2006 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Timothy Vasquez; Def Counsel: Anthony P. Sgro; Court Reporter/FTR #: Erin Smith; Time of Hearing: 3:00 p.m.; RE: 14 First MOTION for Extension of Time To Extend Presentence Report Process filed by Power Company, Inc. Defendants are not present. The Court hears the representations of counsel. IT IS ORDERED the Motion for Extension of Time (#14) is granted. The sentencing of Frederick John Rizzolo is continued to 10/23/2006 at 08:30 AM in LV Courtroom 7C before Chief Judge Philip M. Pro. The sentencing of the Power Company, Inc. is continued to 12/18/2006 at 01:30 PM in LV Courtroom 7C before Chief Judge Philip M. Pro.(no image attached) (DMA) (Entered: 08/31/2006)
12/13/200627 STIPULATION TO CONTINUE SENTENCING HEARING by Power Company, Inc. (Sgro, Anthony) Additional attachment(s) added on 12/14/2006 (GEW, ). (Entered: 12/13/2006)
12/14/200628 ORDER ON STIPULATION re 27 Stipulation filed by Power Company, Inc., Sentencing and disposition set for 1/16/2007 01:30 PM in LV Courtroom 7C before Chief Judge Philip M. Pro. Signed by Judge Philip M. Pro on 12/14/06. (LMC) (Entered: 12/14/2006)
01/09/200731 MOTION TO CONTINUE SENTENCING OF THE POWER COMPANY by Power Company, Inc.. Responses due by 1/23/2007. (Sgro, Anthony) (Entered: 01/09/2007)
01/10/200732 RESPONSE to 31 MOTION TO CONTINUE SENTENCING OF THE POWER COMPANY, 30 MOTION CONTINUE SENTENCING OF FREDERICK RIZZOLO; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Replies due by 1/16/2007. (Vasquez, Timothy) (Entered: 01/10/2007)
01/11/200733 ORDER denying 31 Motion to Continue Sentencing as to The Power Company, Inc. (1); and denying 30 Motion to Continue Sentencing as to Frederick John Rizzolo (2) Signed by Judge Philip M. Pro on 1/10/07. (MMM) (Entered: 01/11/2007)
01/16/200737  MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Power Company, Inc., Frederick John Rizzolo held on 1/16/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Timothy Vasquez, Eric Johnson, Daniel Hollingsworth; Def Counsel: Anthony P. Sgro, Jonathan Powell; USPO: Felipe Ortiz, Michael Mastrangioli; Court Reporter/FTR #: Erin Smith; Time of Hearing: 1:40 p.m.; Defendant is present on a PR Bond. Re: 35 Motion to Reconsider Defendant's Motion to Continue Sentencing filed by Frederick John Rizzolo. (At sidebar, the Court hears the representations of counsel on Defendant Rizzolo's Motion to Reconsider Defendant's Motion to Continue Sentencing 35 and the Sealed Addendum 36 thereto.) The Court advises all present, after consulting with counsel at sidebar, Defendant's Motion to Reconsider Defendant's Motion to Continue Sentencing 35 is GRANTED and the Sentencing and disposition is continued to 1/23/2007 at 09:00 AM. The Court finds there will be no further continuances. (no image attached) (DMA) (Entered: 01/16/2007)
01/23/200740  MINUTES OF PROCEEDINGS - Sentencing and Disposition as to Power Company, Inc. held on 1/23/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Timothy Vasquez, Eric Johnson; Def Counsel: Anthony Sgro, Jonathan Powell; USPO: Felipe Ortiz; Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:00 a.m.; The Court having heard the arguments of counsel, IT IS ORDERED Defendant Rizzolo's Motion to Continue Sentencing 38 is DENIED. The Court hears the arguments of counsel on objections to the Presentence Report. Sentence is imposed as to Count One of the Information. Defendant is advised of right to file an appeal. Mr. Sgro moves to stay payment of the $500,000 fine pending the sale of The Crazy Horse Too. Mr. Johnson advises the Court the Government does not believe payment of the fine should be contingent on the sale of The Crazy Horse Too, but proposes postponing payment of the fine until June 1. 2007. IT IS ORDERED payment of the $500,000 fine is stayed until June 1, 2007, subject to a further stay depending upon the circumstances of The Crazy Horse Too. (no image attached) (DMA) (Entered: 01/24/2007)
01/26/200743 JUDGMENT as to Power Company, Inc. (1), Count 1: 5 years probation; $400.00 assessment; $500,000.00 fine (payment of fine stayed until 6/1/07); $10,000,000.00 restitution, jointly and severally with co-defendant Federick John Rizzolo; forfeiture order. Signed by Judge Philip M. Pro on 1/26/07. (MMM) (Entered: 02/01/2007)
02/01/200744  TRANSCRIPT of Proceedings: 39 40 Sentencing as to Power Company, Inc. and Frederick John Rizzolo held on 1/23/07 before Judge Philip M. Pro. Court Recorder: Erin Smith. (no image attached) (EDS) (Entered: 02/01/2007)
08/13/200757MOTION to Approve Contract of Sale or, in the Alternative, to Appoint Third-Party Manager and Third-Party Seller of Crazy Horse Too; by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo. Responses due by 8/27/2007. (Sgro, Anthony) Unsealed on 8/15/07 per Minutes of Proceedings. (MJZ) (Entered: 08/13/2007)
08/13/200758Ex Parte MOTION TO FILE THIS SEALED UNITED STATES OF AMERICAS MOTION FOR THIS COURT TO AUTHORIZE THE SUBSTITUTION, THE FORFEITURE, AND THE SALE OF THE SUBSTITUTE ASSETS AND THE DISTRIBUTION OF THE SALE PROCEEDS by USA as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 1 SEALED UNITED STATES OF AMERICAS MOTION FOR THIS COURT TO AUTHORIZE THE SUBSTITUTION, THE FORFEITURE, AND THE SALE OF THE SUBSTITUTE ASSETS AND THE DISTRIBUTION OF THE SALE PROCEEDS# 6 Exhibit Four)(Hollingsworth, Daniel) Unsealed on 8/15/07 per Minutes of Proceedings. (MJZ) (Entered: 08/13/2007)
08/14/200759  MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Power Company, Inc., Frederick John Rizzolo on 8/14/2007 by Deputy Clerk: Donna Andrews. IT IS ORDERED a Sealed Status Hearing is set for 8/15/2007 at 02:00 PM in LV Courtroom 7D before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 08/14/2007)
08/15/200760 MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 8/15/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Smith; AUSA: Daniel Hollingsworth & Eric Johnson; Def Counsel: Mark C. Hafer; Court Reporter/FTR #: Erin Smith; Time of Hearing: 2:15 pm;

Granting in part and denying in part 58 Ex Parte MOTION TO FILE THIS SEALED UNITED STATES OF AMERICAS MOTION FOR THIS COURT TO AUTHORIZE THE SUBSTITUTION, THE FORFEITURE, AND THE SALE OF THE SUBSTITUTE ASSETS AND THE DISTRIBUTION OF THE SALE PROCEEDS and that Motions 58 are UNSEALED. It is further ORDERED that given the concurrence of the parties to the relief prayed for in their respective emotions, attachment # 1 to the Government's Motion 58 entitled "United States of America's Motion for this Court to Authorize the Substitution, the Forfeiture, and the Sale of the Substitute Assets and hte Distribution of the Sale Proceeds" is GRANTED.

Granting in part and denying in part 57 Motion to Approve Contract of Sale or, in the Alternative, to Appoint Third-Party Manager and Third-Party Seller of Crazy Horse Too (to the following buyers: Imperial Share HOldings Corp., The Mortgage Broker, Inc. and White Drive Acquisitions, LLC. The 57 Motion is DENIED without prejudice to the respect is seeks to Appoint 3rd Party Manager and 3rd Party Seller of Crazy Horse Too as to Power Company, Inc. (1) and Frederick John Rizzolo (2). (Copies have been distributed pursuant to the NEF - ASB) (Entered: 08/16/2007)

08/15/200761 ADDENDUM to Attachment #1 of Government's 58 Motion for This Court to Authorize the Substitution, the Forfeiture, and the Sale of the Substitute Assets and the Distribution of the Sale Proceeds filed pursuant to 60 Minutes of Motion Hearing by USA as to Power Company, Inc. and Frederick John Rizzolo. (ASB) (Entered: 08/16/2007)
08/21/200762 ORDER granting 57 Motion Emergency Motion to Approve Contract of Sale or, in the Alternative, to Appoint Third-Party Manager and Third-Party Seller of Crazy Horse Too filed by Power Company, Inc. and granting 58 Ex Parte Motion for this Court to Authorize the Substitution, the Forfeiture, and the Sale of the Substitute Assets and the Distribution of the Sale Proceeds filed by USA as to Power Company, Inc. and Frederick John Rizzolo. 57 Motion is denied without prejudice as to the third party seller and third party manager. Signed by Judge Philip M. Pro on 8/16/07. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 08/21/2007)
08/21/200763 ORDER re: Letter from City Attorney's Office as to Power Company, Inc. and Frederick John Rizzolo. Counsel shall advice the Court in writing, on or before Friday, August 31, 2007 as to whether this Court's Order 60 of August 15, 2007, requires amendment. Signed by Judge Philip M. Pro on 8/21/07. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 08/21/2007)
08/27/200764 STIPULATION FOR ENTRY OF ORDER OF FORFEITURE, PETITION AND SETTLEMENT AGREEMENT, AND ORDER by USA as to Power Company, Inc. (Attachments: # 2 Exhibit One)(Hollingsworth, Daniel) (Entered: 08/27/2007)
08/27/200766 ORDER ON STIPULATION granting 64 Petition and Settlement Agreement and Stipulation for Entry of Order of Forfeiture Power Company, Inc. and Frederick John Rizzolo. Signed by Judge Philip M. Pro on 8/27/07. (Copies have been distributed pursuant to the NEF - OXC) (Entered: 08/31/2007)
08/28/200765 RESPONSE to filed by USA as to Power Company, Inc., Frederick John Rizzolo. United States of America's Response to the City of Las Vegas Letter Dated August 20, 2007, as Ordered by This Court (Docket #63) Replies due by 9/3/2007. (Hollingsworth, Daniel) (Entered: 08/28/2007)
08/31/200767 RESPONSE DEFENDANTS' RESPONSE TO ORDER REGARDING LETTER OF LAS VEGAS CITY ATTORNEY filed by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo (Hafer, Mark) (Entered: 08/31/2007)
08/31/200769 RESPONSE to 1 Acknowledgement from AUSA)(SRK) (Entered: 09/06/2007)
09/06/200768 STIPULATION FOR ENTRY OF ORDER OF FORFEITURE, PETITION AND SETTLEMENT AGREEMENT, AND ORDER by USA as to Power Company, Inc., Frederick John Rizzolo (Hollingsworth, Daniel) (Entered: 09/06/2007)
09/07/200770SETTLEMENT AGREEMENT, FINAL ORDER OF FORFEITURE, AND ORDER as to Power Company, Inc. and Frederick John Rizzolo re 68 Stipulation. Signed by Judge Philip M. Pro on 9/7/07. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 09/11/2007)
09/14/200771 MOTION for Hearing on Petition and Request for Hearing Pursuant to 21U.S.C. 853(n)(2) by James C. Barrier, Jes-Jen-Eli-Jer Corporation as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 3 Exhibit Exhibits D, E, F, G, H)(Price, Kim) (Entered: 09/14/2007)
09/24/200772 MOTION for Forfeiture of Property Petition Pursuant to 21 U.S.C. Section 853(n)(21) by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo. (Hafer, Mark) (Entered: 09/24/2007)
09/24/200774 USM Return of service by publication as to Power Company, Inc. (Attachments: # 1)(OXC) (Entered: 09/25/2007)
09/25/200773 MOTION for Hearing Petition of Bart Rizzolo for Ancillary Hearing to Adjudicate His Claim to Property Listed in Preliminary Order of Forfeiture Entered August 21, 2007 by Bart Rizzolo as to Power Company, Inc.. (Gentile, Dominic) (Entered: 09/25/2007)
09/26/200775 MOTION for Hearing Petition of Security Pacific Bank for Ancillary Hearing by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 5 Exhibit E)(Jones, Justin) (Entered: 09/26/2007)
09/26/200776 VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel submitted by attorney Haywood S. Gilliam, Jr.. (Filing fee $ 175 receipt number 683925) (Jones, Justin) (Entered: 09/26/2007)
09/27/200777 ORDER granting 76 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Haywood S. Gilliam, Jr. for Security Pacific Bank and approving Designation of Local Counsel as to Power Company, Inc. (1) and Frederick John Rizzolo (2). Signed by Judge Philip M. Pro on 9/27/07. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 09/27/2007)
09/27/200778 CERTIFICATE of Service for Re Petition and Request for Hearing Pursuant to 21 U.S.C. Section 853(n)(2) by James C. Barrier as to Power Company, Inc., Frederick John Rizzolo re 71 MOTION for Hearing (Price, Kim) (Entered: 09/27/2007)
09/28/2007   NOTICE of Docket Correction to 79 MOTION for Hearing and Petition and Request for Hearing by Ricriz, LLC re 62 Order, as to Power Company, Inc., Frederick John Rizzolo: Filed under defedants name; To be refiled under interested party name. (no image attached)(LMC) (Entered: 09/28/2007)
09/28/200780 MOTION for Hearing Petition and Request for Hearing pursuant to 18 U.S.C. section 1963(l) and 21 U.S.C. section 853(n)(2) re 62 Order,, by RICRIZ, LLC as to Power Company, Inc., Frederick John Rizzolo. (Gibson, Fred) (Entered: 09/28/2007)
09/28/200781 MOTION for Hearing on Petition and Request for Hearing pursuant to 21 U.S.C. 853(n)(2) by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 5 Exhibit 4)(Gibson, Steven) (Entered: 09/28/2007)
09/28/200782 MOTION for Hearing Verified Petition to Assert Legal Interest in Forfeited Property by Clark County as to Power Company, Inc., Frederick John Rizzolo. (Rehfeldt, Laura) (Entered: 09/28/2007)
10/12/200785 VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel submitted by attorney David B. Smith. (Filing fee $ 175) by Bart Rizzolo. (AXM) (Entered: 10/17/2007)
10/15/2007   NOTICE of Docket Correction to 83 MOTION for Forfeiture of Property /Petition to Assert Legal Interest in Forfeited Property as to Power Company, Inc., Frederick John Rizzolo: Filed under wrong interested party; Attorney to refile. (no image attached)(LMC) (Entered: 10/16/2007)
10/16/200784 MOTION for Forfeiture of Property /Petition to Assert Legal Interest in Forteited Property by State of Nevada, Department of Taxation as to Power Company, Inc., Frederick John Rizzolo. (Arguello, Kimberly) (Entered: 10/16/2007)
10/19/200786  MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Power Company, Inc., Frederick John Rizzolo on 10/19/2007 by Deputy Clerk: Donna Andrews. IT IS ORDERED a Motion Hearing is set for 11/26/2007 at 09:00 AM in LV Courtroom 7C before Judge Philip M. Pro on the following motions: 73 Petition of Bart Rizzolo for Ancillary Hearing to Adjudicate his Claim to Property Listed in Preliminary Order of Forfeiture Entered August 21, 2007; 85 Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel submitted by attorney David B. Smith. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 10/19/2007)
11/02/2007   NOTICE of Docket Correction to 87 Plea Agreement/Memorandum as to Power Company, Inc., Frederick John Rizzolo: Document filed under wrong event; Attorney to refile using the MOTIONS event. (no image attached)(LMC) (Entered: 11/06/2007)
11/06/200788 MOTION Motion to Enforce Plea Agreements and to Appoint Third- Party Manager of the Crazy Horse Too's Business by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo. Responses due by 11/20/2007. (Hafer, Mark) (Entered: 11/06/2007)
11/16/200789 WITHDRAWAL of Motion by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo re 72 MOTION for Forfeiture of Property Petition Pursuant to 21 U.S.C. Section 853(n)(21) filed by Power Company, Inc. Notice of Withdrawal of Petition of Patti, Sgro & Lewis (Hafer, Mark) (Entered: 11/16/2007)
11/16/200790 WITHDRAWAL of Motion by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo re 88 MOTION Motion to Enforce Plea Agreements and to Appoint Third- Party Manager of the Crazy Horse Too's Business filed by Power Company, Inc. Notice of Withdrawal of Motion to Enforce Plea Agreements and to Appoint Third-Party Manager of the Crazy Horse Too's Business (Hafer, Mark) (Entered: 11/16/2007)
11/16/200791 UNOPPOSED MOTION to Vacate the November 26, 2007, Hearing and Set a Status Check for January 31, 2008 by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 11/16/2007)
11/16/200792 UNOPPOSED MOTION for Discovery of All Records of Security Pacific Bank Concerning RICRIZ, LLC., a Nevada Limited Liability Company; the Power Company; Lions Limited Partnership; the Rick and Lisa Rizzolo Family Trust; Frederick John Rizzolo, Lisa Rizzolo, and Bart Rizzolo by USA as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 3 Exhibit 2)(Hollingsworth, Daniel) (Entered: 11/16/2007)
11/19/200793  ORDER denying 91 the United States of America's Unopposed Motion to Vacate the November 26, 2007, Hearing and Set a Status Check for January 31, 2008. The Court having read and considered the Unopposed Motion filed 11/16/2007 to continue the hearing set for Monday, November 26, 2007, the Court nonetheless concludes that a Status Conference is required to enable the Court to monitor the progress being made by the parties to resolve this case and the various pending claims. IT IS THEREFORE ORDERED that the unopposed motion is rejected to the extent it seeks to vacate the hearing scheduled November 26, 2007, at 9:00 AM. The Court will not require the parties to argue the pending motions at said hearing, but expects counsel for the parties and pending claimants to report the status of this action and their proposals for expeditious resolution of the case. Signed by Judge Philip M. Pro on 11/19/2007. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 11/19/2007)
11/21/200794MOTION to Dismiss Petition of Nevada Department of Taxation; filed by Power Company, Inc., Frederick John Rizzolo (Hafer, Mark) Event type modified on 11/27/07. (MJZ) (Entered: 11/21/2007)
11/21/200795 MOTION to Dismiss Petition of Nevada Receivership, LLC; filed by Power Company, Inc., Frederick John Rizzolo (Hafer, Mark) Event type modified on 11/27/07. (MJZ) (Entered: 11/21/2007)
11/21/200796 RESPONSE Defendants' Response to Verified Petition of Bart Rizzolo filed by Power Company, Inc., Frederick John Rizzolo (Hafer, Mark) (Entered: 11/21/2007)
11/21/200799 STIPULATION FOR ENTRY OF ORDER OF FORFEITURE AS TO JAMES C. BARRIER, SETTLEMENT AGREEMENT, AND ORDER by USA as to Power Company, Inc., Frederick John Rizzolo (Hollingsworth, Daniel) (Entered: 11/21/2007)
11/26/2007100 MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 11/26/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Daniel Hollingsworth, Eric Johnson; Def Counsel: Mark C. Hafer; Interested Parties: Fred D. Gibson, Steven A. Gibson, Donald Campbell, David J. Pope, Kim D. Price, Haywood S. Gilliam, Jr. (present telephonically); Court Reporter/FTR #: Erin Smith; Time of Hearing: 9:00 am; Courtroom: 7C; Resolving 85 Verified Petition. Motions due by 12/3/07. Responses due by 12/17/07. Motion hearing set for 1/14/08 10:00 AM. (Copies have been distributed pursuant to the NEF - MJZ) (Entered: 11/28/2007)
11/27/2007   NOTICE of Docket Correction to 97 Response - Other, 98 Response - Other as to Power Company, Inc., Frederick John Rizzolo: ERROR: Duplicate entries of 95 Motion to Dismiss. Documents removed from the record. (no image attached)(MJZ) (Entered: 11/27/2007)
11/27/2007106 ORDER as to Power Company, Inc., Frederick John Rizzolo. re 85 VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel submitted by attorney David B. Smith filed by Bart Rizzolo. Signed by Judge Philip M. Pro on 11/26/07. (Copies have been distributed pursuant to the NEF - OXC) (Entered: 12/05/2007)
11/27/2007107 ORDER ON STIPULATION granting 99 Settlement Agreement and Stipulation for Entry of Order of Forfeiture as to James C. Barrier filed by USA as to Power Company, Inc and Frederick John Rizzolo. Signed by Judge Philip M. Pro on 11/26/07. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 12/05/2007)
12/03/2007101 MOTION to Compel Hearing and Compliance with the Requirements of a Judicial Sale by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Responses due by 12/17/2007. (Lowry, Jodi) (Entered: 12/03/2007)
12/03/2007102First MOTION to Extend Time regarding discovery/non dispositive matter THE UNITED STATES OF AMERICAS MOTION TO EXTEND THE TIME TO FILE MOTIONS TO DISMISS; MOTIONS FOR DISCOVERY; AND MOTIONS FOR SUMMARY JUDGMENT CONCERNING THE PETITIONS THAT HAVE NOT YET BEEN SETTLED by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 12/03/2007)
12/03/2007103 MOTION Contest Standing of Criminal Defendants to Participate in Ancillary Proceedings by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Responses due by 12/17/2007. (Lowry, Jodi) (Entered: 12/03/2007)
12/03/2007104 MOTION for Joinder to Motion to Dismiss Petition of Nevada Receivership, LLC (Dckt.#95) by RICRIZ, LLC as to Power Company, Inc.. (Gibson, Fred) (Entered: 12/03/2007)
12/03/2007105 MOTION to Recognize as Void Forfeiture of Real Property by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Responses due by 12/17/2007. (Lowry, Jodi) (Entered: 12/03/2007)
12/14/2007108Second MOTION to Extend Time regarding discovery/non dispositive matter THE UNITED STATES OF AMERICAS UNOPPOSED AND OPPOSED MOTION TO EXTEND THE TIME TO FILE MOTIONS TO DISMISS; MOTIONS FOR DISCOVERY; MOTIONS FOR SUMMARY JUDGMENT CONCERNING THE PETITIONS THAT HAVE NOT YET BEEN SETTLED; AND SETTLEMENT AGREEMENT, STIPULATION FOR ENTRY OF ORDER OF FORFEITURE, AND ORDER by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 12/14/2007)
12/17/2007109 RESPONSE to 103 MOTION ; filed by Power Company, Inc., Frederick John Rizzolo. Opposition to Nevada Receivership, LLC's Motion to Contest Standing of Defendants in Ancillary Proceedings Replies due by 12/23/2007. (Hafer, Mark) (Entered: 12/17/2007)
12/17/2007110 RESPONSE to 1 Exhibit Complaint)(Hafer, Mark) (Entered: 12/17/2007)
12/17/2007112 RESPONSE to 95 MOTION to Dismiss ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Replies due by 12/23/2007. (Lowry, Jodi) (Entered: 12/17/2007)
12/17/2007113 RESPONSE to 104 MOTION for Joinder to Motion to Dismiss Petition of Nevada Receivership, LLC (Dckt.#95) ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Replies due by 12/23/2007. (Lowry, Jodi) (Entered: 12/17/2007)
12/18/2007116  MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, as to Power Company, Inc., Frederick John Rizzolo on 12/18/2007 by Deputy Clerk: Donna Andrews. RE: 102 The United States of America's First Motion to Extend Time to File Motions to Dismiss; Motions for Discovery; and Motions for Summary Judgment Concerning the Petitions that Have Not Yet Been Settled 102 and The United States of America's Second Unopposed and Opposed Motion to Extend the Time to File Motions to Dismiss; Motions for Discovery; Motions for Summary Judgment Concerning the Petitions that Have Not Yet Been Settled; and Settlement, Agreement, Stipulation for Entry of Order of Forfeiture and the United States of America's First Unopposed and Opposed Motion to Extend the Time to File Responses to the Motions Filed on December 3, 2007 108 . IT IS ORDERED a Motion Hearing on the above motions is set for 12/20/2007 at 11:00 AM in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 12/18/2007)
12/19/2007117 STIPULATION FOR ENTRY OF ORDER OF FORFEITURE, SETTLEMENT AGREEMENT AS TO CLARK COUNTY, AND ORDER by USA as to Power Company, Inc., Frederick John Rizzolo (Hollingsworth, Daniel) (Entered: 12/19/2007)
12/19/2007118  (1st Notice) PURSUANT TO SPECIAL ORDER 109: that David B. Smith is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Court's Case Management and Electronic Case Filing ("CM/ECF") program and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register for CM/ECF. (no image attached) (RFJ) (Entered: 12/19/2007)
12/20/2007119 MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc. and Frederick John Rizzolo held on 12/20/2007 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Daniel Hollingsworth and Eric Johnson; Def Counsel: Mark C. Hafer; Court Reporter/FTR #: Erin Smith; Time of Hearing: 11:05 a.m.; Courtroom: 7C; DENYING AS MOOT 108 Motion to Extend Time. Motions due by 1/22/2008. Responses due by 2/5/2008. Replies due by 2/15/2008. Motion Hearing set for 2/22/2008 09:00 AM in LV Courtroom 7C before Judge Philip M. Pro. January 14, 2008 Hearing is vacated. Government's oral motion to stay is granted. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 12/27/2007)
12/20/2007121ORDER ON STIPULATION granting re 117 Stipulation for entry of Order of Forfeiture, Settlement Agreement filed by USA. Signed by Judge Philip M. Pro on 12/20/07. (Copies have been distributed pursuant to the NEF - OXC) (Entered: 01/04/2008)
12/28/2007120  TRANSCRIPT of Proceedings: 119 Motion Hearing as to Power Company, Inc. and Frederick John Rizzolo held on 12/20/07 before Judge Philip M. Pro. Court Recorder: Erin Smith. Transcript prepared by Exceptional Reporting Services. (no image attached) (EDS) (Entered: 01/03/2008)
01/22/2008122 MOTION Stay Foreclosure by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 2/5/2008. (Attachments: # 4 Exhibit Three)(Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008123 RESPONSE to 75 MOTION for Hearing Petition of Security Pacific Bank for Ancillary Hearing ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Replies due by 1/28/2008. (Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008124 MOTION to Dismiss Bart Rizzolo's Petition (#73) by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 2/5/2008. (Attachments: # 5 Exhibit 4)(Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008125 MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 2/5/2008. (Attachments: # 28 Exhibit 27)(Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008126 MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 2/5/2008. (Attachments: # 32 Exhibit 27)(Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008127 RESPONSE to 105 MOTION ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Nevada Receivership, LLC's Motion to Recognize as Void Forfeiture of Real Property Replies due by 1/28/2008. (Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008128 RESPONSE to 101 MOTION to Compel ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Nevada Receivership, LLC's Motion to Compel Hearing and Compliance with the Requirements of a Judicial Sale Replies due by 1/28/2008. (Hollingsworth, Daniel) (Entered: 01/22/2008)
01/22/2008129 MOTION to Dismiss RICRIZ's Petition (#80) by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 2/5/2008. (Attachments: # 14 Exhibit 6e)(Hollingsworth, Daniel) (Entered: 01/22/2008)
01/28/2008131 REPLY to Response to 103 MOTION ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to RicRiz's Opposition to Motion to Contest Standing of Defendants to Participate in Ancillary Proceeding (Lowry, Jodi) (Entered: 01/28/2008)
01/28/2008132 REPLY to Response to 103 MOTION Contest Standing of Criminal Defendants to Participate in Ancillary Proceedings ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to Defendants' Opposition (Lowry, Jodi) (Entered: 01/28/2008)
01/28/2008133 REPLY to Response to 101 MOTION to Compel Hearing and Compliance with the Requirements of a Judicial Sale ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to RicRiz LLC's Opposition (Lowry, Jodi) (Entered: 01/28/2008)
01/28/2008134 REPLY to Response to 105 MOTION to Recognize as Void Forfeiture of Real Property ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to RicRiz LLC's Opposition (Lowry, Jodi) (Entered: 01/28/2008)
01/28/2008135 REPLY to Response to 105 MOTION to Recognize as Void Forfeiture of Real Property ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to Defendants' Opposition (Lowry, Jodi) (Entered: 01/28/2008)
02/05/2008136 RESPONSE to 122 MOTION Stay Foreclosure ; filed by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Response to Security Pacific Bank to United States' Motion to Stay Foreclosure Replies due by 2/11/2008. (Jones, Justin) (Entered: 02/05/2008)
02/05/2008137 RESPONSE to 75 MOTION for Hearing Petition of Security Pacific Bank for Ancillary Hearing ; filed by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Replies due by 2/11/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008138 MOTION for Joinder to United States of America's Response to Nevada Receivership, LLC's Motion to Compel Hearing and Compliance with the Requirements of a Judicial Sale (#101) (#128) by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008139 MOTION for Joinder to United States of America's Response to Nevada Receivership, LLC's Motion to Recognize as Void Forfeiture of Real Property (#105) (#127) by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008140 MOTION for Joinder to United States of America's Motion to Dismiss Verified Notice of Claim by Nevada Receivership, LLC and Petition for Hearing (#81) (#125) by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008141 MOTION for Joinder to United States of America's Motion to Stay Foreclosure (#122) by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008142 MOTION for Joinder to United States of America's Motion to Dismiss Bart Rizzolo's Petition (#73) (#124) by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008143 MOTION for Joinder to United States of America's Motion to Dismiss Ricriz's Petition (#80) (#129) by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hunterton, C.) (Entered: 02/05/2008)
02/05/2008144 RESPONSE to 126 MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Replies due by 2/11/2008. (Lowry, Jodi) (Entered: 02/05/2008)
02/05/2008145 MOTION for Joinder to Defendants Re: USA Motions and Responses by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 2/5/2008. (Hafer, Mark) (Entered: 02/05/2008)
02/05/2008146 RESPONSE to 124 MOTION to Dismiss Bart Rizzolo's Petition (#73) MOTION to Dismiss Bart Rizzolo's Petition (#73) ; filed by Bart Rizzolo as to Power Company, Inc., Frederick John Rizzolo. Replies due by 2/11/2008. (Hanks, Karen) (Entered: 02/05/2008)
02/05/2008147 RESPONSE to 129 MOTION to Dismiss ; filed by RICRIZ, LLC as to Power Company, Inc., Frederick John Rizzolo. Opposition to United States of America's Motion to Dismiss (#129) RICRIZ's Petition (#80) Replies due by 2/11/2008. (Gibson, Fred) (Entered: 02/05/2008)
02/05/2008148 REPLY to Response to 104 MOTION for Joinder to Motion to Dismiss Petition of Nevada Receivership, LLC (Dckt.#95) ; filed by RICRIZ, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to Nevada Receivership, LLC's Opposition (#113) to RICRIZ, LLC's Joinder to Motion to Dismiss (Gibson, Fred) (Entered: 02/05/2008)
02/05/2008149 REPLY to Response to 95 MOTION to Dismiss ; filed by RICRIZ, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to Nevada Receivership, LLC's Opposition (#112) to Motion to Dismiss Verified Petition (#95) (Gibson, Fred) (Entered: 02/05/2008)
02/07/2008152 PROCESS RECEIPT AND RETURN on 1/9/08 as to Power Company, Inc. (LMC) (Entered: 02/08/2008)
02/08/2008150 STIPULATION for Entry of Order of Forfeiture, Petition, Settlement Agreement as to the City of Las Vegas Sewer, and Order by USA as to Power Company, Inc., Frederick John Rizzolo (Attachments: # 2 Exhibit One, Two, Three, Four and Five)(Hollingsworth, Daniel) (Entered: 02/08/2008)
02/08/2008151 STIPULATION for Entry of Order of Forfeiture, Petition, Settlement Agreement as to the Internal Revenue Service and Order by USA as to Power Company, Inc., Frederick John Rizzolo (Attachments: # 2 Exhibit One, Two and Three)(Hollingsworth, Daniel) (Entered: 02/08/2008)
02/08/2008157 ORDER ON STIPULATION Granting 150 Petition for entry of Order of Forfeiture filed by USA. Signed by Judge Philip M. Pro on 2/8/08. (Copies have been distributed pursuant to the NEF - OXC) (Entered: 02/12/2008)
02/08/2008158 ORDER ON STIPULATION Granting 151 Petition for entry of Order of Forfeiture filed by USA. Signed by Judge Philip M. Pro on 2/8/08. (Copies have been distributed pursuant to the NEF - OXC) (Entered: 02/12/2008)
02/10/2008153  MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Power Company, Inc., Frederick John Rizzolo on 2/10/2008 by Deputy Clerk: Donna Andrews. IT IS ORDERED the hearing on all pending motions set for 2/22/2008 at 09:00 AM is CONTINUED to 3:00 PM on the same date in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 02/10/2008)
02/12/2008154 REPLY to Response to 75 MOTION for Hearing Petition of Security Pacific Bank for Ancillary Hearing ; filed by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Response of Security Pacific Bank to "Opposition of Kirk and Amy Henry to the Petition of Security Pacific Bank for Ancillary Hearing" (Jones, Justin) (Entered: 02/12/2008)
02/12/2008155 DECLARATION of Gregory Alcala by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo re 1 Exhibit 1 - 7)(Jones, Justin) (Entered: 02/12/2008)
02/12/2008156 Submission of PROPOSED ORDER on 154 Reply to Response to Motion, ; filed by Interested Party Security Pacific Bank [Proposed] Order Recognizing Valid Property Interest of Security Pacific Bank (Jones, Justin) (Entered: 02/12/2008)
02/15/2008159 STIPULATION re 73 MOTION for Hearing Petition of Bart Rizzolo for Ancillary Hearing to Adjudicate His Claim to Property Listed in Preliminary Order of Forfeiture Entered August 21, 2007 SETTLEMENT AGREEMENT, STIPULATION FOR ENTRY OF ORDER OF FORFEITURE AS TO BART RIZZOLO AND RICRIZ, LLC., AND ORDER by USA as to Power Company, Inc., Frederick John Rizzolo (Attachments: # 2 Exhibit One, Two and Three)(Hollingsworth, Daniel) (Entered: 02/15/2008)
02/15/2008160 REPLY to Response to 75 MOTION for Hearing Petition of Security Pacific Bank for Ancillary Hearing ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. UNITED STATES OF AMERICAS REPLY TO, AND JOINDER WITH SECURITY PACIFIC BANKS RESPONSE (#154), TO KIRK AND AMY HENRYS OPPOSITION (#137) TO THE UNITED STATES OF AMERICAS RESPONSE (#123) TO PETITION (#75) RECOGNIZING SECURITY PACIFIC BANK AS A BONA FIDE PURCHASER FOR VALUE REASONABLY WITHOUT CAUSE TO BELIEVE THE PROPERTY WAS SUBJECT TO FORFEITURE PURSUANT TO 18 U.S.C. ยง 1963(l)(6)(B) (Attachments: # 2 Exhibit One and Two)(Hollingsworth, Daniel) (Entered: 02/15/2008)
02/15/2008161 REPLY to Response to 125 MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) MOTION to Dismiss Verified Notice of Claim by Nevada Receivership, LLC, and Petition for Hearing (#81) ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. UNITED STATES OF AMERICAS REPLY TO NEVADA RECEIVERSHIP, LLCS RESPONSE (#144), TO THE UNITED STATES OF AMERICAS MOTION TO DISMISS (#125, #126) VERIFIED NOTICE OF CLAIM BY NEVADA RECEIVERSHIP LLC AND PETITION FOR HEARING (#81) (Hollingsworth, Daniel) (Entered: 02/15/2008)
02/15/2008162 REPLY to Response to 105 MOTION to Recognize as Void Forfeiture of Real Property ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Reply to Plaintiff's Opposition 127 (Lowry, Jodi) (Entered: 02/15/2008)
02/15/2008163 REPLY to Response to 128 (Lowry, Jodi) (Entered: 02/15/2008)
02/18/2008165SETTLEMENT AGREEMENT and ORDER OF FORFEITURE as to Power Company, Inc., Frederick John Rizzolo re 159 SETTLEMENT AGREEMENT, STIPULATION FOR ENTRY OF ORDER OF FORFEITURE AS TO BART RIZZOLO AND RICRIZ, LLC., AND ORDER. Signed by Judge Philip M. Pro on 2/18/08. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 02/21/2008)
02/19/2008164 NOTICE of Intent to Appear in Person at Contested Hearing by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo (Jones, Justin) (Entered: 02/19/2008)
02/28/2008166 ORDER on Various Motions as to Power Company, Inc. and Frederick John Rizzolo.

MOTIONS GRANTED:
105 Motion to Recognize as Void Forfeiture of Real Property.

Signed by Judge Philip M. Pro on 2/28/08. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 02/28/2008)
02/28/2008167MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc. and Frederick John Rizzolo held on 2/22/2008 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Daniel Hollingsworth and Eric Johnson; Def Counsel: Steven A. Gibson, Jodi Lowry, Fred D. Gibson, III, C. Stanley Hunterton, Haywood S. Gilliam, Jr. ; Court Reporter/FTR #: Erin Smith; Time of Hearing: 3:00 p.m.; Courtroom: 7C;

MOTIONS GRANTED WITHOUT PREJUDICE:
126 .

(Copies have been distributed pursuant to the NEF - ASB) (Entered: 02/29/2008)
03/10/2008168  ORDER denying as moot 75 Petition of Security Bank for Ancillary Hearing as to Power Company, Inc. (1), Frederick John Rizzolo (2). Signed by Judge Philip M. Pro on 3/10/2008. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 03/10/2008)
03/12/2008169 NOTICE OF APPEAL by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo re 166 Order on Motion for Joinder,,,,, Order on Motion for Hearing,,,,, Order on Motion to Dismiss,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Filing fee $ 455, receipt number 09780000000000824130. (Lowry, Jodi) Modified on 4/11/2008 (SRK). (Entered: 03/12/2008)
03/13/2008170 TRANSMITTAL of Notice of Appeal, Docket Sheet and Order for Time Schedule as to Power Company, Inc. to US Court of Appeals re 2 Transcript Order Form)(JAG) (Entered: 03/13/2008)
03/18/2008171 MOTION to Reconsider District Judge Order re 168 Order on Motion for Hearing Motion of Security Pacific Bank to Reconsider and Rescind Order Denying Petition for Ancillary Hearing as Moot by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Responses due by 4/1/2008. (Jones, Justin) (Entered: 03/18/2008)
03/21/2008172  MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Power Company, Inc., Frederick John Rizzolo on 3/21/2008 by Deputy Clerk: Donna Andrews. RE: 171 Motion of Security Pacific Bank to Reconsider and Rescind Order Denying Petition for Ancillary Hearing as Moot. IT IS ORDERED a Motion Hearing is set for 4/30/2008 at 11:00 AM in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 03/21/2008)
03/24/2008173 TRANSMITTAL RETURN of Notice of Appeal from USCA as to Power Company, Inc. re 1 Corrected Document Image) (ASB). (Entered: 03/26/2008)
04/03/2008174 RESPONSE to 171 MOTION to Reconsider District Judge Order re 168 Order on Motion for Hearing Motion of Security Pacific Bank to Reconsider and Rescind Order Denying Petition for Ancillary Hearing as Moot MOTION to Reconsider District Judge Order re 168 Order on Motion for Hearing Motion of Security Pacific Bank to Reconsider and Rescind Order Denying Petition for Ancillary Hearing as Moot ; filed by Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Replies due by 4/9/2008. (Hunterton, C.) (Entered: 04/03/2008)
04/07/2008175  TRANSCRIPT of Proceedings: Motion Hearing as to Power Company, Inc. and Frederick John Rizzolo held on 2/22/08 before Judge Philip M. Pro. Court Recorder: Erin Smith. Transcript prepared by Exceptional Reporting Services. (no image attached) (EDS) (Entered: 04/16/2008)
04/17/2008176 AMENDED TRANSMITTAL of Notice of Appeal [08-10126], Docket Sheet and Order for Time Schedule as to Power Company, Inc., Frederick John Rizzolo to US Court of Appeals re 169 Notice of Appeal. Certificate of Record due by 5/16/2008. (JAG) (Entered: 04/17/2008)
04/17/2008177 LETTER from Jodi Donette Lowry of Lewis Brisbois re: 176 Amended Transmittal. (ASB) (Entered: 04/18/2008)
04/30/2008178  MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 4/30/2008 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Daniel C. Hollingsworth, Eric Johnson; Def Counsel: Mark C. Hafer: For Interested Parties: Haywood S. Gilliam, Jr., C. Stanley Hunterton, Fred D. Gibson, III, Jodi Donetta Lowry, Donald J. Campbell; Court Reporter/FTR #: Erin Smith; Time of Hearing: 11:00 a.m.; Courtroom: 7C; Re: Security Pacific Bank's Motion to Reconsider and Rescind Order Denying Petition for Ancillary Hearing as Moot 171 . Mr. Hollingsworth updates the Court on the status of the contract for sale. The Court hears the representations of Mr. Gilliam, Mr. Hunterton, Ms. Lowry, Mr. Hafer and Mr. Hollingsworth. The Court finds the motion 171 stands submitted. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 04/30/2008)
05/06/2008179 ORDER Denying 171 Motion to Reconsider District Judge Order as to Power Company, Inc. (1), Frederick John Rizzolo (2). Signed by Judge Philip M. Pro on 5/6/08. (Copies have been distributed pursuant to the NEF - AXM) (Entered: 05/06/2008)
05/07/2008180 Submission of PROPOSED ORDER filed by Plaintiff USA First Amended Order of Forfeiture. (Hollingsworth, Daniel) (Entered: 05/07/2008)
05/07/2008181 OBJECTION to 180 Proposed Order Submission ; Objection to Proposed Order (Docket No. 180) by RICRIZ, LLC as to Power Company, Inc., Frederick John Rizzolo. (Braster, Jennifer) (Entered: 05/07/2008)
05/09/2008182 NOTICE OF APPEAL by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo re 168 Order on Motion for Hearing Filing fee $ 455, receipt number 09780000000000876809. (Attachments: # 2 Civil Appeals Docketing Statement)(Jones, Justin) (Entered: 05/09/2008)
05/09/2008183 RESPONSE to 180 Proposed Order Submission, Response of Security Pacific Bank to Proposed First Amended Order of Forfeiture filed by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. (Jones, Justin) (Entered: 05/09/2008)
05/12/2008184 TRANSMITTAL of Notice of Appeal, Docket Sheet and Order for Time Schedule as to Power Company, Inc., Frederick John Rizzolo to US Court of Appeals re 2 Transcript order form)(JAG) (Entered: 05/12/2008)
05/12/2008185 OBJECTION to 180 Proposed Order Submission ; Objection to Proposed First Amended Order of Forfeiture (Docket #180) and Objection to Response of Security Pacific Banks' First Amended Order of Forfeiture (Docket #183) by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Hunterton, C.) (Entered: 05/12/2008)
05/13/2008186 MOTION to Substitute Attorney by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 5/13/2008. (Morris, Steve) (Entered: 05/13/2008)
05/14/2008187  TRANSCRIPT of Proceedings: 178 Motion Hearing as to Power Company, Inc. and Frederick John Rizzolo held on 4/30/08 before Judge Philip M. Pro. Court Recorder: Erin Smith. Transcript prepared by Exceptional Reporting Services. (no image attached) (EDS) (Entered: 05/14/2008)
05/19/2008188 REPLY to 185 Objection to Document,, Security Pacific Bank's Reply to Henrys' Objection to Proposed First Amended Order of Forfeiture and Security Pacific's Response filed by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. (Gilliam, Jr., Haywood) (Entered: 05/19/2008)
05/20/2008189 RESPONSE to 181 Objection to Document, United States of Americas Response to RICRIZ, LLCS Objection (#181) to Proposed Order (#180) filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 05/20/2008)
05/21/2008190Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver by Power Company, Inc., Frederick John Rizzolo. Motion ripe 5/21/2008. (Sgro, Anthony) (Entered: 05/21/2008)
05/22/2008191 REPLY to 189 Response - Other, Submission of Kirk and Amy Henry on the Issue of the Priority of Their Claim filed by Amy Henry, Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Hunterton, C.) (Entered: 05/22/2008)
05/23/2008192ORDERED that Plaintiff United States shall not later than Wednesday, June 4, 2008, file a response to Defendants Frederick Rizzolo and The Power Company, Inc.s Emergency Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of The Crazy Horse Too; Alternate Motion to Appoint Receiver of The Crazy Horse Toos Business (Doc. #190). Signed by Judge Philip M. Pro on 5/23/08. (Copies have been distributed pursuant to the NEF - AXM) (Entered: 05/23/2008)
05/27/2008193 TRANSMITTAL RETURN of Notice of Appeal from USCA as to Power Company, Inc., Frederick John Rizzolo re 182 Notice of Appeal, filed by Security Pacific Bank. USCA Case Number 08-10234. Order for Time Schedule attached. (ES) (Entered: 05/28/2008)
05/28/2008194 RESPONSE to 183 Response - Other, UNITED STATES OF AMERICA'S RESPONSE TO SECURITY PACIFIC BANK'S RESPONSE (#183) TO PROPOSED FIRST AMENDED ORDER OF FORFEITURE (#180) filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 05/28/2008)
06/02/2008195 TRANSCRIPT DESIGNATION by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo re 182 Notice of Appeal, 187 Transcript, 178 Motion Hearing,,, 175 Transcript, 120 Transcript,. (Pickering, Kristina) (Entered: 06/02/2008)
06/03/2008196 CERTIFICATE OF RECORD on Appeal Transmitted to USCA as to Security Pacific Bank re 182 Notice of Appeal. (JAG) (Entered: 06/03/2008)
06/04/2008197 RESPONSE to 190 Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. UNITED STATES OF AMERICAS RESPONSE TO DEFENDANTS MOTION TO ENFORCE PLEA AGREEMENTS AND REQUIRE UNITED STATES MARSHALS SERVICE TO OBTAIN A LIQUOR LICENSE AND REOPEN THE BUSINESS OF THE CRAZY HORSE TOO; AND UNITED STATES OF AMERICAS OPPOSITION TO ALTERNATIVE MOTION TO APPOINT RECEIVER OF THE CRAZY HORSE TOOS BUSINESS Replies due by 6/10/2008. (Attachments: # 2 Exhibit One and Two)(Hollingsworth, Daniel) (Entered: 06/04/2008)
06/04/2008198 MOTION Stay the Expiration of the Exotic Dance Use Permit And Tavern License For The Crazy Horse Too UNITED STATES OF AMERICAS MOTION TO STAY THE EXPIRATION OF THE EXOTIC DANCE USE PERMIT AND TAVERN LICENSE FOR THE CRAZY HORSE TOO by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 6/18/2008. (Attachments: # 2 Exhibit One, Two and Three)(Hollingsworth, Daniel) (Entered: 06/04/2008)
06/04/2008199 RESPONSE to 190 Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Replies due by 6/10/2008. (Attachments: # 2 Exhibit B)(Lowry, Jodi) (Entered: 06/04/2008)
06/06/2008200 RESPONSE to 199 Response to Motion,, United States of America's Response to Nevada Receivership, LLC's Opposition to Defendants' Emergency Motion to Enforce Plea Agreements and Require United States Marshals Service to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too and Alternative Motion to Appoint Receiver of the Crazy Horse Too's Business filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 2 Exhibit 1)(Hollingsworth, Daniel) (Entered: 06/06/2008)
06/08/2008201  ORDER granting 186 Petitioner Security Pacific Bank's Motion to Substitute Attorney Steve Morris. Attorney Justin C. Jones terminated. Signed by Judge Philip M. Pro on 6/8/2008. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 06/08/2008)
06/08/2008202  MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Power Company, Inc., Frederick John Rizzolo on 6/8/2008 by Deputy Clerk: Donna Andrews. RE: 190 Emergency Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of The Crazy Horse Too; Alternate Motion to Appoint Receiver of The Crazy Horse Too's Business filed by Frederick John Rizzolo, Power Company, Inc.; 198 United States of America's Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too. IT IS ORDERED a Motion Hearing is set for 6/19/2008 at 03:30 PM in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 06/08/2008)
06/09/2008203 TRANSMITTAL RETURN re 196 Certificate of Record. (SRK) (Entered: 06/10/2008)
06/10/2008204ERROR: Not linked to motionSixth MOTION for Joinder to Join in Defendants Rizzolo and the Power Companys' Emergency Motion to Enforce Plea Agreements and Require U.S. Marshall to obtain liquor License and Reopen the Business of the Crazy Horse Too; Alternative Motion to Appoint Receiver of the Crazy Horse Too's Business (#190) by Amy Henry, Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/10/2008. (Hunterton, C.) Modified on 6/10/2008 (LMC). (Entered: 06/10/2008)
06/10/2008205ERROR: Not linked to motionFirst MOTION for Joinder to Join in United States of America's Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too (#198) by Amy Henry, Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/10/2008. (Hunterton, C.) Modified on 6/10/2008 (LMC). (Entered: 06/10/2008)
06/10/2008   NOTICE of Docket Correction to 204 Sixth MOTION for Joinder to Join in Defendants Rizzolo and the Power Companys' Emergency Motion to Enforce Plea Agreements and Require U.S. Marshall to obtain liquor License and Reopen the Business of the Crazy Horse Too; Alternative Motion to Appo, 205 First MOTION for Joinder to Join in United States of America's Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too (#198)First MOTION for Joinder to Join in United States of America's Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too (#198) as to Power Company, Inc., Frederick John Rizzolo: Motions #204 & #205 not linked to motions they are requesting to join; Attorney to refile and link to the correct motion to which the joinder pertains. (no image attached)(LMC) (Entered: 06/10/2008)
06/11/2008206First UNOPPOSED MOTION Vacate Hearing on June 19, 2008 re 202 Minute Order Setting Hearing on Motion,,, THE UNITED STATES OF AMERICAS UNOPPOSED AND NOT RESPONDED TO MOTION TO VACATE THE JUNE 19, 2008, HEARING AND by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/11/2008. (Hollingsworth, Daniel) (Entered: 06/11/2008)
06/12/2008207 ORDER GRANTING 206 Unopposed Motion to Vacate the 6/19/08 Motion Hearing and Reset new Hearing. Motion Hearing set for 6/24/2008 at 3:30 PM in LV Courtroom 7C before Judge Philip M. Pro re 190 Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver and 198 MOTION to Stay the Expiration of the Exotic Dance Use Permit And Tavern License For The Crazy Horse Too. Signed by Judge Philip M. Pro on 6/12/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 06/12/2008)
06/12/2008208 RESPONSE to 185 Objection to Document,, United States of America's Response to the Henrys' Objection (#185) to Proposed First Amended Order of Forfeiture (#180) and the Henrys' Submission on Priority of Their Claim (#191) filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 3 Exhibit 2)(Hollingsworth, Daniel) (Entered: 06/12/2008)
06/12/2008209 RESPONSE to 188 Reply - Other,, UNITED STATES OF AMERICAS RESPONSE TO SECURITY PACIFIC BANKS REPLY (#188) TO HENRYS OBJECTION (#185) TO PROPOSED FIRST AMENDED ORDER OF FORFEITURE AND SECURITY PACIFICS RESPONSE(#183) filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 2 Exhibit One)(Hollingsworth, Daniel) (Entered: 06/12/2008)
06/18/2008210 RESPONSE to 198 MOTION Stay the Expiration of the Exotic Dance Use Permit And Tavern License For The Crazy Horse Too UNITED STATES OF AMERICAS MOTION TO STAY THE EXPIRATION OF THE EXOTIC DANCE USE PERMIT AND TAVERN LICENSE FOR THE CRAZY HORSE TOO ; filed by City Of Las Vegas as to Power Company, Inc., Frederick John Rizzolo. Replies due by 6/24/2008. (Henry, William) (Entered: 06/18/2008)
06/18/2008211 REPLY to Response to 190 MOTION for Hearing ; filed by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo. Defendants' Reply To United States of America's Response To Emergency Motion To Enforce Plea Agreements And Require U.S. Marshal To Obtain A Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver Of The Crazy Horse Too's Business (Sgro, Anthony) (Entered: 06/18/2008)
06/19/2008212  ORDER. On June 8, 2008, this Court entered an Order 202 setting a hearing for June 19, 2008, to consider several motions filed by the parties to this action. On June 11, 2008, Plaintiff United States filed an Unopposed Motion 206 requesting that the hearing set for June 19, 2008, be continued five days to June 24, 2008, due to the schedule of counsel. All counsel agreed to the continuance of the hearing and on June 12, 2008, the Court entered an Order 207 granting the continuance to June 24th. On June 18, 2008, however, Defendants Rizzolo and The Power Company, Inc. filed a Reply Memorandum 211 which states the position that because of action taken by the Las Vegas City Council yesterday, it is imperative that the Court grant certain relief requested by Defendants immediately and without a hearing. Counsel for Defendants Rizzolo and The Power Company also offer unfounded speculation regarding the recent scheduling history of this case. Indeed, the Court has warned counsel for all interested parties at virtually every hearing conducted in this case that it is their collective responsibility to address the numerous issues raised before the value of the property at issue diminishes substantially. Regardless, given the timing issues noted in Defendants' Reply Memorandum filed yesterday 211 , the Court deems it necessary to advance by one day the hearing previously scheduled for June 24, 2008, to Monday, June 23, 2008, at 2:30 P.M. IT IS SO ORDERED. Signed by Judge Philip M. Pro on 6/19/2008.(no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 06/19/2008)
06/19/2008213 SUPPLEMENT REPLY to Response to 190 Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver ; filed by Power Company, Inc. as to Power Company, Inc., Frederick John Rizzolo. Supplement To Defendants' Emergency Motion To Enforce Plea Agreements And Require U.S. Marshal To Obtain A Liquor License And Reopen The Business Of The Crazy Horse Too (Sgro, Anthony) Event type modified on 6/20/08. (MJZ) (Entered: 06/19/2008)
06/19/2008214Emergency MOTION to Continue District Judge Hearing on United States of America's Motion to Stay Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too by City Of Las Vegas as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/19/2008. (Byrnes, Philip) (Entered: 06/19/2008)
06/19/2008215 MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Power Company, Inc., Frederick John Rizzolo on 6/19/2008. IT IS ORDERED that the Motion of Interested Party City of Las Vegas to reset hearing (Doc. #214) is DENIED. Interested Party City of Las Vegas may appear at the hearing set for June 23, 2008, through counsel of record Philip R. Byrnes, Deputy City Attorney. Additionally, if Senior Legal Counsel William P. Henry is not available to appear in person on June 23, he may do so via telephone. (no image attached) (Copies have been distributed pursuant to the NEF - DG) (Entered: 06/19/2008)
06/20/2008216 MOTION for Joinder to Plaintiff USA's Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too by RICRIZ, LLC as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/20/2008. (Gibson, Fred) (Entered: 06/20/2008)
06/20/2008217 STATEMENT of SECURITY PACIFIC BANK'S STATEMENT OF POSITION REGARDING ISSUES TO BE HEARD AT JUNE 23, 2008 HEARING by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. (Gilliam, Jr., Haywood) (Entered: 06/20/2008)
06/21/2008218 REPLY to Response to 198 MOTION Stay the Expiration of the Exotic Dance Use Permit And Tavern License For The Crazy Horse Too ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 06/21/2008)
06/23/2008219 MOTION for Joinder to Stay the Expiration of the Exotic Dance use Permit and Tavern License for the Crazy Horse Too by Frederick John Rizzolo as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/23/2008. (Sgro, Anthony) (Entered: 06/23/2008)
06/23/2008220 RESPONSE to 190 Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. -- Response to Defendants' Supplement to Emergency Motion Replies due by 6/29/2008. (Lowry, Jodi) (Entered: 06/23/2008)
06/24/2008221  MINUTES OF PROCEEDINGS - Motion Hearing RE: 180 Proposed Order Submission filed by USA. Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2); as to Power Company, Inc., Frederick John Rizzolo held on 6/23/2008 before Judge Philip M. Pro. Crtrm Administrator: Peggie Vannozzi; AUSA: Eric Johnson and Daniel Hollingsworth; Def Counsel: Mark Hafer; Court Reporter/FTR #: Erin Smith; Time of Hearing: 2:30 p.m. - 5:54 p.m.; Courtroom: 7C; Defendant Frederick Rizzolo is present. Haywood S. Gilliam, Jr. and Kristina Pickering are present as counsel for Security Pacific Bank. Fred D. Gibson, III is present as counsel for Ricriz, LLC. William Henry and Philip Byrnes are present as counsel for the City of Las Vegas. Steven Gibson is present as counsel for Nevada Receivership, LLC. C. Stanley Hunterton and Donald J. Campbell are present as counsel for Amy and Kirk Henry. The Court hears arguments with regard to the 180 Government's First Amended Order of Forfeiture. The Court signs the proposed document in open court. The Court hears argument on 190 Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2). The Court will issue a written ruling on this motion. The Cout hears argument on 198 United States Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too. This motion is taken under advisement. (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/24/2008)
06/24/2008222FIRST AMENDED ORDER OF FORFEITURE as to Power Company, Inc. and Frederick John Rizzolo re 12 Final Order of Forfeiture. Signed by Judge Philip M. Pro on 6/23/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 06/24/2008)
06/26/2008223 ORDER Denying 198 Motion to stay the Expiration of the Exotic Dance use permit and Tavern License for the Crazy Horse Too; as to Power Company, Inc. (1), Frederick John Rizzolo (2). Signed by Judge Philip M. Pro on 6/26/08. (Copies have been distributed pursuant to the NEF - AXM) (Entered: 06/26/2008)
06/26/2008224  AMENDED MINUTES OF PROCEEDINGS - Motion Hearing RE: 190 MOTION for Hearing; Defendants' Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2); as to Power Company, Inc., filed by Frederick John Rizzolo, Power Company, Inc., 180 Proposed Order Submission filed by USA as to (1) Power Company, Inc., (2) Frederick John Rizzolo held on 6/23/2008 before Judge Philip M. Pro. Crtrm Administrator: Peggie Vannozzi; AUSA: Daniel Hollingsworth and Eric Johnson; Def Counsel: Mark Hafer; Court Reporter/FTR #: Erin Smith; Time of Hearing: 2:30 PM; Courtroom: 7C; Defendant Frederick Rizzolo is present. Haywood S. Gilliam, Jr. and Kristina Pickering are present as counsel for Security Pacific Bank. Fred D. Gibson, III is present as counsel for Ricriz, LLC. William Henry and Philip Byrnes are present as counsel for the City of Las Vegas. Steven Gibson is present as counsel for Nevada Receivership, LLC. C. Stanley Hunterton and Donald J. Campbell are present as counsel for Amy and Kirk Henry. The Court hears arguments with regard to 180 Government's First Amended Order of Forfeiture. The Court signs the proposed document in open court. The Court hears argument on 190 Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2). The Court GRANTS 190 Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2). The Court hears argument on 198 United States Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too. This motion is taken under advisement. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/26/2008)
06/26/2008225 SECOND AMENDED MINUTES OF PROCEEDINGS - Motion Hearing RE: 190 MOTION for Hearing; Defendants' Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2); as to Power Company, Inc., filed by Frederick John Rizzolo, Power Company, Inc., 180 Proposed Order Submission filed by USA as to (1) Power Company, Inc., (2) Frederick John Rizzolo held on 6/23/2008 before Judge Philip M. Pro. Crtrm Administrator: Peggie Vannozzi; AUSA: Daniel Hollingsworth and Eric Johnson; Def Counsel: Mark Hafer; Court Reporter/FTR #: Erin Smith; Time of Hearing: 2:30 PM; Courtroom: 7C; Defendant Frederick Rizzolo is present. Haywood S. Gilliam, Jr. and Kristina Pickering are present as counsel for Security Pacific Bank. Fred D. Gibson, III is present as counsel for Ricriz, LLC. William Henry and Philip Byrnes are present as counsel for the City of Las Vegas. Steven Gibson is present as counsel for Nevada Receivership, LLC. C. Stanley Hunterton and Donald J. Campbell are present as counsel for Amy and Kirk Henry. The Court hears arguments with regard to 180 Government's First Amended Order of Forfeiture. The Court signs the proposed document in open court. The Court hears argument on 190 Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2). The Court DENIES 190 Motion to Enforce Plea Agreements and Require U.S. Marshal to Obtain a Liquor License and Reopen the Business of the Crazy Horse Too as to Power Company, Inc. (1), Frederick John Rizzolo (2). The Court hears argument on 198 United States Motion to Stay the Expiration of the Exotic Dance Use Permit and Tavern License for the Crazy Horse Too. This motion is taken under advisement. (no image attached) PLEASE NOTE THESE MINUTES REFLECT THAT 190 WAS DENIED, NOT GRANTED AS THE PREVIOUS MINUTES SHOWED. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (Entered: 06/26/2008)
07/02/2008226 ORDER DENYING 190 Emergency MOTION for Hearing To Enforce Plea Agreement And Require U.S. Marshal To Obtain a Liquor License And Reopen The Business Of The Crazy Horse Too; Alternate Motion To Appoint Receiver filed by Frederick John Rizzolo, Power Company, Inc. Signed by Judge Philip M. Pro on 7/2/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 07/02/2008)
07/08/2008227 TRANSCRIPT of Proceedings, 225 Motion Hearing,,,, 224 Motion Hearing,,,, 221 Order on Motion for Hearing,,,,Motion Hearing,,,, as to Power Company, Inc., Frederick John Rizzolo held on Tues., June 23, 2008 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 8/8/2008. Release of Transcript Restriction set for 10/6/2008. (VHM) (Entered: 07/08/2008)
07/18/2008228 NOTICE OF CHANGE OF ATTORNEY by City Of Las Vegas as to Power Company, Inc., Frederick John Rizzolo (Erbeck, James) (Entered: 07/18/2008)
07/24/2008229  ORDER granting 219 Motion for Joinder as to Power Company, Inc., Frederick John Rizzolo (Per Minutes of the Court dated 6/26/2008). (Copies have been distributed pursuant to the NEF - DMA) (Entered: 07/24/2008)
07/24/2008230 NOTICE OF APPEAL by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo re 12 Final Order of Forfeiture Filing fee $ 455, receipt number 09780000000000949258. (Heinhold, Tracey) (Entered: 07/24/2008)
07/25/2008231 TRANSMITTAL of Notice of Appeal, Docket Sheet and Order for Time Schedule as to Nevada Receivership LLC to US Court of Appeals re 2 Transcript Designation and Order Form)(ES) (Entered: 07/25/2008)
07/28/2008232 MOTION for Protective Order Against Nevada Receivership, LLC, by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 7/28/2008. (Attachments: # 3 Proposed Order)(Hollingsworth, Daniel) (Entered: 07/28/2008)
08/15/2008233 TRANSCRIPT DESIGNATION by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo re 119 Order on Motion to Extend Time regarding Discovery/Non Dispositive matter,,,,,,,, Motion Hearing,,,, Set/Reset Deadlines & Hearings,,,, Terminate Deadlines/Hearings,,, 225 Motion Hearing,,,,,,,,, 227 Transcript,,, 175 Transcript, 224 Motion Hearing,,,,,,,, 221 Order on Motion for Hearing,,,,,,,, Motion Hearing,,,,,,, 120 Transcript,. (Heinhold, Tracey) (Entered: 08/15/2008)
08/15/2008234 RESPONSE to 232 MOTION for Protective Order Against Nevada Receivership, LLC, ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Replies due by 8/21/2008. (Lowry, Jodi) (Entered: 08/15/2008)
08/18/2008235 CERTIFICATE OF RECORD on Appeal Transmitted to USCA as to Power Company, Inc. and Frederick John Rizzolo re 230 Notice of Appeal. (ES) (Entered: 08/18/2008)
08/18/2008236 TRANSMITTAL to USCA re 235 Certificate of Record. (ES) (Entered: 08/18/2008)
08/25/2008237 REPLY to Response to 232 MOTION for Protective Order ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. United States of America's Reply to Nevada Receivership, LLC's Opposition (#234) to United States of America's Motion for a Protective Order Against Nevada Receivership, LLC, (#232) (Attachments: # 2 Exhibit 1)(Hollingsworth, Daniel) (Entered: 08/25/2008)
08/27/2008238 NOTICE Of Attorney's Lien by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo (Edwards, Michael) (Entered: 08/27/2008)
09/10/2008239 NOTICE of Withdrawal of Notice of Attorney's Lien Without Prejudice by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo (Edwards, Michael) (Entered: 09/10/2008)
09/15/2008240 MOTION to Withdraw as Attorney of record for Nevada Receivership by Tracey L. Heinhold. by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 9/15/2008. (Heinhold, Tracey) (Entered: 09/15/2008)
10/09/2008241 NOTICE of Filing Second Amended Order of Forfeiture by USA as to Power Company, Inc., Frederick John Rizzolo (Attachments: # 1 Proposed Order Second Amended Order of Forfeiture)(Hollingsworth, Daniel) (Entered: 10/09/2008)
10/15/2008242SECOND AMENDED ORDER OF FORFEITURE as to Power Company, Inc., and Frederick John Rizzolo. Signed by Judge Philip M. Pro on 10/15/08. (Copies have been distributed pursuant to the NEF - ES, 3 certified copies to US Atty) (Entered: 10/15/2008)
10/20/2008243 MOTION TO LIFT STAY OF FORECLOSURE by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Responses due by 11/3/2008. (Gilliam, Jr., Haywood) (Entered: 10/20/2008)
10/20/2008244 DECLARATION of Gregory Alcala In Support of Motion to Lift Stay of Foreclosure by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo re 243 MOTION TO LIFT STAY OF FORECLOSURE (Gilliam, Jr., Haywood) (Entered: 10/20/2008)
10/20/2008245 DECLARATION of Haywood S. Gilliam, Jr. In Support of Motion to Lift Stay of Foreclosure by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo re 1 Exhibit Exhibits 1-4)(Gilliam, Jr., Haywood) (Entered: 10/20/2008)
10/20/2008246 DECLARATION of SHELLI L. LOWE by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo re 1 Exhibit 1)(Gilliam, Jr., Haywood) (Entered: 10/20/2008)
10/28/2008247  ORDER. The Court having read and considered Plaintiff's Motion for a Protective Order Against Nevada Receivership, LLC 232 is DENIED. Signed by Judge Philip M. Pro on 10/28/2008. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 10/28/2008)
10/30/2008248First MOTION to Extend Time regarding discovery/non dispositive matter THE UNITED STATES OF AMERICAS MOTION TO EXTEND THE TIME TO RESPOND TO SECURITY PACIFIC BANKS MOTION TO LIFT STAY OF FORECLOSURE re 244 Declaration by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 10/30/2008. (Hollingsworth, Daniel) (Entered: 10/30/2008)
10/31/2008249 ORDER GRANTING Plaintiff's 243 Motion to Stay Lift of Foreclosure. Signed by Judge Philip M. Pro on 10/31/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 10/31/2008)
11/04/2008250 RESPONSE to 243 MOTION TO LIFT STAY OF FORECLOSURE ; filed by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. Replies due by 11/10/2008. (Heinhold, Tracey) (Entered: 11/04/2008)
11/07/2008251 USM Return on 11/3/08, as to Power Company, Inc., Frederick John Rizzolo re 242 Second Amended Final Order of Forfeiture. (AXM) (Entered: 11/10/2008)
11/14/2008252 NOTICE OF APPEAL by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo re 242 Final Order of Forfeiture Filing fee $ 455, receipt number 09780000000001051715. (Heinhold, Tracey) (Entered: 11/14/2008)
11/17/2008253 TRANSMITTAL of 242 Second Amended Final Order of Forfeiture, and Order for Time Schedule as to Power Company, Inc. and Frederick John Rizzolo to US Court of Appeals. Certificate of Record due by 1/7/2009. (ASB) (Entered: 11/17/2008)
11/17/2008254TRANSCRIPT DESIGNATION AND ORDER FORM as to Power Company, Inc. and Frederick John Rizzolo. (ASB) (Entered: 11/17/2008)
11/21/2008264  TRANSMITTAL RETURN of Notice of Appeal from USCA as to Power Company, Inc., Frederick John Rizzolo re 252 Notice of Appeal filed by Nevada Receivership, LLC. USCA Case Number 08-10513, no image attached (SRK) (Entered: 12/15/2008)
12/03/2008255 RESPONSE to 243 MOTION TO LIFT STAY OF FORECLOSURE ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Replies due by 12/9/2008. (Attachments: # 2 Exhibit One)(Hollingsworth, Daniel) (Entered: 12/03/2008)
12/08/2008256 TRANSCRIPT DESIGNATION by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo re 119 Order on Motion to Extend Time regarding Discovery/Non Dispositive matter,,,,,,,, Motion Hearing,,,, Set/Reset Deadlines & Hearings,,,, Terminate Deadlines/Hearings,,, 225 Motion Hearing,,,,,,,,, 227 Transcript,,, 175 Transcript, 224 Motion Hearing,,,,,,,, 221 Order on Motion for Hearing,,,,,,,, Motion Hearing,,,,,,, 120 Transcript,. (Heinhold, Tracey) (Entered: 12/08/2008)
12/09/2008257 NOTICE of Withdrawal of Attorneys of Record for Petitioners Security Pacific Bank Pursuant to Local Rule 10-6(b) [re Bingham McCutchen LLP] by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo (Pickering, Kristina) (Entered: 12/09/2008)
12/09/2008258 MOTION to Substitute Attorney and Motion to Withdraw by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 12/9/2008. (Attachments: # 4 Exhibit D - Notice of Withdrawal of Attorneys)(Pickering, Kristina) (Entered: 12/09/2008)
12/09/2008259 Submission of PROPOSED ORDER on 258 MOTION to Substitute Attorney ; filed by Interested Party Security Pacific Bank. (Pickering, Kristina) (Entered: 12/09/2008)
12/09/2008260 MOTION Stay Request for Issuance of Stay by Security Pacific Bank as to Power Company, Inc., Frederick John Rizzolo. Responses due by 12/23/2008. (Attachments: # 3 Exhibit C - FDIC 11/7/08 Letter)(Pickering, Kristina) (Entered: 12/09/2008)
12/09/2008261 Submission of PROPOSED ORDER on 260 MOTION Stay ; filed by Interested Party Security Pacific Bank. (Pickering, Kristina) (Entered: 12/09/2008)
12/10/2008262 ORDER GRANTING 258 Motion for Withdrawal of Bingham McCutcheon as counsel of record and that the Federal Deposit Insurance Corporation, as Receiver of Security Pacific Bank, be substituted in the place and stead of Security Pacific Bank. Signed by Judge Philip M. Pro on 12/10/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 12/10/2008)
12/11/2008263 NOTICE Notice of Appearance by Federal Deposit Insurance Corporation as to Power Company, Inc., Frederick John Rizzolo (Hendricks, JP) (Entered: 12/11/2008)
12/11/2008269 ORDER of USCA as to Power Company, Inc., Frederick John Rizzolo re 182 Notice of Appeal. Appellant's motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. (SRK) (Entered: 12/31/2008)
12/19/2008265 NOTICE of Change of Attorney by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo (Heinhold, Tracey) (Entered: 12/19/2008)
12/19/2008266 SUPPLEMENT to 240 MOTION to Withdraw as Attorney by Tracey L. Heinhold. by Nevada Receivership, LLC as to Power Company, Inc., Frederick John Rizzolo. (Heinhold, Tracey) (Entered: 12/19/2008)
12/31/2008267 ORDER GRANTING 260 Motion to Stay Case as to Power Company, Inc. (1) and Frederick John Rizzolo (2). All judicial action or proceedings are STAYED for 90 days from the date of this Order. Signed by Judge Philip M. Pro on 12/31/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 12/31/2008)
12/31/2008268 ORDER GRANTING 240 Motion to Withdraw as Attorney. Michael M Edwards and Tracey L. Heinhold withdrawn from case as to Nevada Receivership LLC.. Signed by Judge Philip M. Pro on 12/31/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 12/31/2008)
12/31/2008270 ORDER DENYING without prejudice Petitioner Security Pacific Bank's 243 Motion to Lift Stay of Foreclosure as to Power Company, Inc. (1) and Frederick John Rizzolo (2). Signed by Judge Philip M. Pro on 12/31/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 12/31/2008)
01/02/2009272 ORDER on Mandate re 182 Notice of Appeal. Signed by Judge Philip M. Pro on 1/2/09. (ES) (Entered: 01/05/2009)
01/07/2009273 NOTICE of Change in Firm Name and Associated Attorney by Federal Deposit Insurance Corporation as to Power Company, Inc., Frederick John Rizzolo (Hendricks, JP) (Entered: 01/07/2009)
01/08/2009274 CERTIFICATE OF RECORD on Appeal Transmitted to USCA as to Power Company, Inc. and Frederick John Rizzolo re 252 Notice of Appeal. (ES) (Entered: 01/08/2009)
08/21/2009275 ORDER of USCA as to Power Company, Inc., Frederick John Rizzolo re 169 Notice of Appeal,. USCA Case Number 08-10126, 08-10335,08-10513. DISMISSED. (ECS) (Entered: 08/24/2009)
12/30/2009277 ORDER on Mandate re 252 Notices of Appeal as to Power Company, Inc. and Frederick John Rizzolo. Signed by Judge Philip M. Pro on 12/30/09. (EDS) (Entered: 12/30/2009)
03/09/2010282 NOTICE [Notice of Appearance and Request for Special Notice] by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. (Mushkin, Michael) (Entered: 03/09/2010)
03/09/2010283 MOTION Motion to Lift Stay re 1 Exhibit Exhibit A - Notes & Allonges)(Mushkin, Michael) Modified on 3/10/2010 (LMC). (Entered: 03/09/2010)
03/11/2010284 NOTICE of Attorney Appearance by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Erwin, Philip) (Entered: 03/11/2010)
03/16/2010285  MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Power Company, Inc., Frederick John Rizzolo on 3/16/2010. By Deputy Clerk: Donna Andrews. RE: 283 Petitioner Canico Capital Group, LLC's Motion to Lift Stay. IT IS ORDERED a Motion Hearing is set for 4/16/2010 at 03:00 PM in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 03/16/2010)
03/16/2010286 MOTION to Join in Request for Hearing Regarding Rick Rizzolo's Conditions of Release by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Responses due by 4/2/2010. (Erwin, Philip) (Entered: 03/16/2010)
03/18/2010287ERROR: Wrong document filed in order to become counsel of record NOTICE OF ATTORNEY APPEARANCE: Kenneth G. Frizzell, III appearing for Power Company, Inc., Frederick John Rizzolo (Frizzell, III, Kenneth) Modified on 3/19/2010 (LMC). (Entered: 03/18/2010)
03/18/2010288  NOTICE: Attorney Action Required to 287 Notice of Attorney Appearance - Defendant.ERROR: Wrong form filed. Attorney Kenneth Frizzell advised to file a Designation of Retained counsel or if replacing current counsel, a Substitution of Attorney in order to become counsel of record. (no image attached)(LMC) (Entered: 03/19/2010)
03/19/2010289 DESIGNATION of Retained Counsel by Kenneth G. Frizzell, III on behalf of Power Company, Inc., Frederick John Rizzolo. (Frizzell, III, Kenneth) (Entered: 03/19/2010)
03/22/2010290 RESPONSE to 278 Form 12D - Request for Hearing as to Frederick John Rizzolo., Joinder to Request for Hearing to Modify Conditions or Terms of Supervision and Defendants' Request for Final Order of Satisfactionfiled by Power Company, Inc., Frederick John Rizzolo. (Frizzell, III, Kenneth) Modified on 3/23/2010 (LMC). (Entered: 03/22/2010)
03/22/2010302 MOTION for Final Order of Satisfaction by Power Company, Inc., Frederick John Rizzolo. (MJZ) (Entered: 03/29/2010)
03/23/2010292 RESPONSE to 167 filed by Power Company, Inc., Frederick John Rizzolo. Replies due by 4/2/2010. (Frizzell, III, Kenneth) Modified to remove duplicate wording on 3/23/2010 (LMC). (Entered: 03/23/2010)
03/23/2010293  NOTICE: Attorney Action Required to 290 Response. ERROR: 3 separate documents combined into one entry. Attorney Kenneth Frizzell to refile the Motion for joinder and the Request for final order as separate motions. (no image attached)(LMC) (Entered: 03/23/2010)
03/26/2010294First UNOPPOSED MOTION Extension of time re 167 The United States of America's Unopposed Motion to Extend the Time to Respond To Petitioner Canico Capital Group, LLC's Motion to Lift Stay (#283) (First Request) by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 3/26/2010. (Hollingsworth, Daniel) (Entered: 03/26/2010)
03/26/2010295Amended MOTION for Joinder re 278 Form 12D - Request for Hearing as to Frederick John Rizzolo; filed by Power Company, Inc., Frederick John Rizzolo. (Frizzell, III, Kenneth) Event type corrected on 3/29/2010. (MJZ) (Entered: 03/26/2010)
03/26/2010296 RESPONSE to 302 Motion for Final Order of Satisfaction; filed by Power Company, Inc., Frederick John Rizzolo. (Frizzell, III, Kenneth) Docket entry relationship added on 3/29/2010. (MJZ) (Entered: 03/26/2010)
03/26/2010297Amended RESPONSE to 283 MOTION Motion to Lift Stay; filed by Power Company, Inc., Frederick John Rizzolo. Replies due by 4/5/2010. (Frizzell, III, Kenneth) (Entered: 03/26/2010)
03/26/2010298 MOTION to Extend Time regarding discovery/non dispositive matter re 167 by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 3/26/2010. (Erwin, Philip) (Entered: 03/26/2010)
03/26/2010299 ORDER Temporarily Unsealing Transcript of 1/16/2007 Hearing. Signed by Judge Philip M. Pro on 3/26/10. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 03/26/2010)
03/26/2010300 SUPPLEMENT to 167 by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Erwin, Philip) (Entered: 03/26/2010)
03/26/2010301 ORDER GRANTING 283 MOTION Motion to Lift Stay. Signed by Judge Philip M. Pro on 3/26/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 03/29/2010)
04/01/2010303 TRANSCRIPT of Proceedings, 37 Sentencing as to Power Company, Inc., Frederick John Rizzolo held on 1/16/2007 before Judge Philip M. Pro. Court Reporter/Transcriber: Felicia Zabin, 702-676-1087. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 5/2/2010. Release of Transcript Restriction set for 6/30/2010. (ABB) (Entered: 04/01/2010)
04/02/2010305 RESPONSE to 2 Exhibit One)(Hollingsworth, Daniel) Modified to remove duplicate wording on 4/5/2010 (LMC). (Entered: 04/02/2010)
04/02/2010306 RESPONSE to 167 Motion filed by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Replies due by 4/12/2010. (Erwin, Philip) Modified to remove duplicate wording on 4/5/2010 (LMC). (Entered: 04/02/2010)
04/07/2010307TRANSCRIPT of Proceedings, 9 Arraignment/Plea - Waiver of Indictment/Venue, 10 Arraignment/Plea - Waiver of Indictment/Venue, as to Power Company, Inc., Frederick John Rizzolo held on Thursday, June 1, 2006 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 5/8/2010. Release of Transcript Restriction set for 7/6/2010. (SLR) (Entered: 04/07/2010)
04/08/2010308  ORDER granting nunc pro tunc 298 Interested Parties Kirk and Amy Henry's Motion to Extend Time to Respond to Canico Capital Group, LLC's Motion to Lift Stay. Signed by Judge Philip M. Pro on 4/8/2010. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 04/08/2010)
04/08/2010309  MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Frederick John Rizzolo on 4/8/2010. By Deputy Clerk: Donna Andrews. RE: Kirk and Amy Henry's Joinder in Request for Hearing Regarding Rick Rizzolo's Conditions of Release 286 ; Defendants Power Company and Frederick John Rizzolo's Amended and Limited Joinder in the United States of America Probation Office's Request for Hearing to Modify Conditions or Terms of Supervision 302 . The Court will hear these motions at the hearing set for 4/26/2010 at 02:00 PM in LV Courtroom 7C before Judge Philip M. Pro. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 04/08/2010)
04/09/2010310 REPLY to Response to 167 ; filed by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. [Petitioner Canico Capital Group, LLC's Reply to the United States of America's Response to Canico Capital Group, LLC's Motion to Lift Stay (#305)] (Attachments: # 2 Exhibit [Exhibit B = Assil Declaration])(Mushkin, Michael) Modified on 4/12/2010 (LMC). (Entered: 04/09/2010)
04/09/2010311 REPLY to Response to 167 ; filed by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. [Petitioner Canico Capital Group, LLC's Reply to Interested Parties Kirk and Amy Henry's Opposition to Canico Capital Group, LLC's Motion to Lift Stay (#306)] (Mushkin, Michael) Modified to remove duplicate wording on 4/12/2010 (LMC). (Entered: 04/09/2010)
04/12/2010312 MOTION Motion to Strike Document #286, 298, 300 and #306 by Kirk & Amy Henry for Lack of Standing by Power Company, Inc., Frederick John Rizzolo. Responses due by 4/29/2010. (Frizzell, III, Kenneth) Modified to remove duplicate wording on 4/13/2010 (LMC). (Entered: 04/12/2010)
04/12/2010313 RESPONSE to 302 MOTION for Final Order of Satisfaction filed by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Replies due by 4/22/2010. (Erwin, Philip) Modified to remove duplicate wording on 4/13/2010 (LMC). (Entered: 04/12/2010)
04/13/2010314 ORDER TEMPORARILY UNSEALING RECORDING re 37 Sentencing. Signed by Judge Philip M. Pro on 4/13/10. (Copies have been distributed pursuant to the NEF - ECS, cc:ECROs) (Entered: 04/13/2010)
04/15/2010315 MOTION to Dismiss for Lack of Jurisdiction Canico Capital Group, LLC, as a Petitioner by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 5/2/2010. (Attachments: # 2 Exhibit One, Two and Three)(Hollingsworth, Daniel) Modified to remove duplicate wording on 4/16/2010 (LMC). (Entered: 04/15/2010)
04/16/2010316  MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 4/16/2010 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Daniel D. Hollingsworth; Counsel for the Henrys: Donald Campbell, Wade Ravenhorst; Def Counsel: Mark Hafer, Kenneth G. Frizzell; Counsel for Canico Capital Group: Michael R. Mushkin; Court Reporter/FTR #: Summer Rivera; Time of Hearing: 3:00 p.m. - 4:15 p.m.; Courtroom: 7C; RE: Petitioner Canico Capital Group, LLC's Motion to Lift Stay 283 . The Court hears the arguments of Mr. Mushkin, Mr. Hollingsworth, Mr. Campbell and Mr. Hafer. The Court instructs Mr. Hollingsworth and Mr. Mushkin to file the supplemental filings as directed by the Court by 4/21/2010. The Court finds the motion stands submitted. (no image attached) (Copies have been distributed pursuant to the NEF - DMA) (Entered: 04/19/2010)
04/21/2010317 NOTICE of Lodging the Contract to Sell the Crazy Horse Too by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) Modified to remove duplicate wording on 4/22/2010 (LMC). (Entered: 04/21/2010)
04/21/2010318 MOTION for Joinder to USA's Motion to Dismiss 315 by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 4/21/2010. (Erwin, Philip) Modified to link to motion on 4/22/2010 (LMC). (Entered: 04/21/2010)
04/21/2010319 SUPPLEMENT to 1 Exhibit [Exhibit A = Assignment Agreement, Loan Pool Description, et al.])(Mushkin, Michael) Modified to remove duplicate wording on 4/22/2010 (LMC). (Entered: 04/21/2010)
04/22/2010320 REPLY to Response to 302 MOTION for Final Order of Satisfaction ; filed by Power Company, Inc., Frederick John Rizzolo. Defendants Power Company, Inc. (1) and Frederick John Rizzolo Aka Rick Rizzolo (2) Reply to Interested Parties Kirk and Amy Henrys Opposition #313 to Defendants Motion for Final Order of Satisfaction #302 (Frizzell, III, Kenneth) (Entered: 04/22/2010)
04/23/2010321 RESPONSE to 312 MOTION Motion to Strike Document # 286, 298, 300 and #306 by Kirk & Amy Henry for Lack of Standing. ; filed by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Interested Parties Kirk and Amy Henry's Opposition to Defendants' Motion to Strike Pleadings for Lack of Standing Replies due by 5/3/2010. (Erwin, Philip) (Entered: 04/23/2010)
04/23/2010322 REPLY to Response to 302 MOTION for Final Order of Satisfaction ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Government's Reply to Motion for Final Order of Satisfaction (Doc. #320) and Joinder in the Request for Hearing to Modify Conditions of Release and Final Order of Satisfaction (Doc #302) (Johnson, Eric) (Entered: 04/23/2010)
04/26/2010323 REPLY to Response to 302 MOTION for Final Order of Satisfaction ; filed by Power Company, Inc., Frederick John Rizzolo. Defendant's Reply to Goverment's Untimely Opposition #322 to Defendant's Motion for Final Order of Satisfaction #302 (Frizzell, III, Kenneth) (Entered: 04/26/2010)
04/26/2010324 REPLY to Response to 312 MOTION Motion to Strike Document # 286, 298, 300 and #306 by Kirk & Amy Henry for Lack of Standing. ; filed by Power Company, Inc., Frederick John Rizzolo. Defendants' Reply to Interested Parties Kirk and Amy Henry's Opposition #321 to Defendants' Motion to Strike #312 (Frizzell, III, Kenneth) (Entered: 04/26/2010)
04/26/2010325  MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 4/26/2010 before Judge Philip M. Pro. Crtrm Administrator: Donna Andrews; AUSA: Eric Johnson; Also Present: Donald Campbell, Philip R. Erwin for Kirk and Amy Henry; James Erbeck for City of Las Vegas; Def Counsel: Kenneth G. Frizzell, III, Mark C. Hafer; USPO: Eric Christiansen (Present Telephonically); Court Reporter/FTR #: Summer Rivera; Time of Hearing: 2:00 p.m. - 3:10 p.m.; Courtroom: 7C; RE: Petition to Modify Conditions of Supervised Release 278 ; Defendants Power Company and Frederick John Rizzolo's Request for Final Order of Satisfaction 302 ; Defendants Power Company and Frederick John Rizzolo's Motion to Strike Documents 286, 298, 300 and 306 by Kirk and Amy Henry for Lack of Standing 312 . The Court hears the arguments of Mr. Johnson, Mr. Campbell, Mr. Frizzell and Mr. Hafer. IT IS ORDERED the Petition to Modify Conditions of Supervised Release 278 is GRANTED. Mr. Rizzolo shall provide to the probation officer the financial information requested and shall commence paying the restitution obligations at a rate to be approved by the Court. IT IS FURTHER ORDERED Defendants Power Company and Frederick John Rizzolo's Request for Final Order of Satisfaction 312 are DENIED. Defendant is continued on present terms of release. (Copies have been distributed pursuant to the NEF - DMA) (Entered: 04/27/2010)
04/28/2010326 MANDATE of USCA as to Power Company, Inc., Frederick John Rizzolo re 252 . (ECS) (Entered: 04/29/2010)
05/03/2010328First UNOPPOSED MOTION Extension of Time re 315 MOTION to Dismiss for Lack of Jurisdiction The United States of America's Motion to Dismiss Canico Capital Group, LLC, as a Petitioner by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 5/3/2010. (Mushkin, Michael) (Entered: 05/03/2010)
05/04/2010329 ORDER on Mandate as to Power Company, Inc., Frederick John Rizzolo re 252 Notices of Appeal. Signed by Judge Philip M. Pro on 5/4/10. (ECS) (Entered: 05/04/2010)
05/04/2010330 ORDER granting 315 MOTION to Dismiss for Lack of Jurisdiction as to Power Company Inc and Frederick John Rizzolo. Signed by Judge Philip M. Pro on 5/4/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 05/04/2010)
05/10/2010331Second UNOPPOSED MOTION Extension of Time re 315 MOTION to Dismiss for Lack of Jurisdiction The United States of America's Motion to Dismiss Canico Capital Group, LLC, as a Petitioner by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 5/10/2010. (Mushkin, Michael) (Entered: 05/10/2010)
05/11/2010332 ORDER granting 315 MOTION to Dismiss for Lack of Jurisdiction The United States of America's Motion to Dismiss Canico Capital Group, LLC, as a Petitioner filed by USA. Signed by Judge Philip M. Pro on 5/11/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 05/11/2010)
05/13/2010333 ADDENDUM to 2 Exhibit A)(Hollingsworth, Daniel) Modified to remove duplicate wording on 5/14/2010 (LMC). (Entered: 05/13/2010)
05/13/2010   NOTICE of Docket Correction to 333 Addendum, as to Power Company, Inc., Frederick John Rizzolo: ERROR: Duplicate wording. CORRECTED BY COURT. Counsel requested to proof read text entry prior to filing to avoid duplicate wording on the docket sheet. (no image attached)(LMC) (Entered: 05/14/2010)
05/14/2010334 RESPONSE to 318 MOTION for Joinder to The United States of America's Motion to Dismiss Canico Capital Group, LLC as a Petitioner ; filed by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. [Canico Capital Group, LLC's Opposition et al] Replies due by 5/24/2010. (Mushkin, Michael) (Entered: 05/14/2010)
05/18/2010335 RESPONSE to 315 MOTION to Dismiss for Lack of Jurisdiction The United States of America's Motion to Dismiss Canico Capital Group, LLC, as a Petitioner ; filed by Power Company, Inc., Frederick John Rizzolo. Defendants' Power Company (1) and Frederick Rizzolo's Joinder in Canico's Opposition #334 to USA Motion #315 Replies due by 5/28/2010. (Frizzell, III, Kenneth) (Entered: 05/18/2010)
05/20/2010336Unopposed MOTION to Extend Time regarding dispositive matter re 315 MOTION to Dismiss for Lack of Jurisdiction by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 5/20/2010. (Hollingsworth, Daniel) Modified to remove duplicate wording on 5/21/2010 (LMC). (Entered: 05/20/2010)
05/24/2010337 ORDER Granting 315 MOTION to Dismiss. Reply due by 6/7/2010. Signed by Judge Philip M. Pro on 5/24/10. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 05/24/2010)
06/03/2010338TRANSCRIPT of Proceedings, 325 Order on Motion, Motion Hearing, as to Power Company, Inc., Frederick John Rizzolo held on Monday, April 26, 2010 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 7/4/2010. Release of Transcript Restriction set for 9/1/2010. (SLR) (Entered: 06/03/2010)
06/07/2010339 REPLY to Response to 315 MOTION to Dismiss for Lack of Jurisdiction filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) Modified to remove duplicate wording on 6/9/2010 (LMC). (Entered: 06/07/2010)
06/30/2010341 MOTION for Hearing [Petition of Canico Capital Group, LLC for Oral Argument] re 315 MOTION to Dismiss for Lack of Jurisdiction The United States of America's Motion to Dismiss Canico Capital Group, LLC, as a Petitioner by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 6/30/2010. (Mushkin, Michael) (Entered: 06/30/2010)
07/02/2010342 ORDER that USA may not make further extensions under current sales contract with CC Holdings, LLC. IT IS FURTHER ORDERED 341 Petition for Oral Argument is DENIED. Canico Capital Group, LLC has 30 days to file a petition to assert property rights. Signed by Judge Philip M. Pro on 7/2/2010. (Copies have been distributed pursuant to the NEF - MJZ) (Entered: 07/02/2010)
07/08/2010343 MOTION for Hearing [Petition of Canico Capital Group, LLC for Anicllary Hearing] by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 7/8/2010. (Mushkin, Michael) (Entered: 07/08/2010)
07/22/2010344 MOTION to Dismiss for Lack of Jurisdiction the Petition of Canico Capital Group, LLC, (#343) by USA as to Power Company, Inc., Frederick John Rizzolo. Responses due by 8/8/2010. (Hollingsworth, Daniel) (Entered: 07/22/2010)
07/22/2010345 RESPONSE to 343 MOTION for Hearing [Petition of Canico Capital Group, LLC for Anicllary Hearing] ; filed by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. Interested Parties Kirk and Amy Henry's Response to Canico Capital Group, LLC's Petition for Ancillary Hearing Replies due by 8/1/2010. (Erwin, Philip) (Entered: 07/22/2010)
07/28/2010351DOCUMENTS received in Chambers as to Frederick John Rizzolo. (ECS) (Entered: 08/16/2010)
08/02/2010346 REPLY to Response 343 (Mushkin, Michael) Modified to remove duplicate wording on 8/3/2010 (LMC). (Entered: 08/02/2010)
08/05/2010348  NOTICE: Attorney Action Required to 347 Notice (Other), 340 Notice (Other). ERROR: Wrong document filed to become counsel of record on a criminal case. If attorneys are joining in as retained counsel, a Designation of Retained counsel must be filed. If attorneys are substituting in for existing counsel then a Motion for substitution of counsel must be filed. Attorney Paola Armeni & Dominic Gentile advised to file correct documents to become counsel of record. (no image attached)(LMC) (Entered: 08/06/2010)
08/09/2010349 RESPONSE to 344 MOTION to Dismiss for Lack of Jurisdiction the Petition of Canico Capital Group, LLC, (#343) ; filed by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. [Canico Capital Group, LLC's Opposition to the United States of America's Motion to Dismiss the Petition of Canico Capital Group, LLC (Doc #344)] Replies due by 8/19/2010. (Mushkin, Michael) (Entered: 08/09/2010)
08/13/2010350 NOTICE Notice of Appearance by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Rulis, Nathanael) (Entered: 08/13/2010)
08/16/2010352First MOTION to Extend Time to file reply re 343 MOTION for Hearing by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 8/16/2010. (Hollingsworth, Daniel) Modified to remove duplicate wording & all caps on 8/17/2010 (LMC). (Entered: 08/16/2010)
08/19/2010353 RESPONSE in opposition to 352 MOTION to Extend Time filed by Canico Capital Group, LLC. Replies due by 8/29/2010. (Mushkin, Michael) Modified to remove duplicate wording on 8/23/2010 (LMC). (Entered: 08/19/2010)
08/26/2010356 ORDER that Plaintiff United States Motion to Extend Time to Canicos Opposition 352 is GRANTED, and Plaintiff United States shall have up to and including 9/17/10, within which to file a reply memorandum as to Power Company, Inc. and Frederick John Rizzolo. Signed by Judge Philip M. Pro on 8/26/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 08/27/2010)
09/09/2010357 MOTION to Revoke or extend Rick Rizzolo's term of supervision by Victims Kirk and Amy Henry as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 9/9/2010. (Attachments: # 16 Exhibit 12)(Erwin, Philip) Modified to remove duplicate wording on 9/10/2010 (LMC). (Entered: 09/09/2010)
09/15/2010358 REPLY to Response to 344 MOTION to Dismiss for Lack of Jurisdiction the Petition of Canico Capital Group, LLC, (#343) ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. (Hollingsworth, Daniel) (Entered: 09/15/2010)
09/20/2010359 ORDER that Plaintiff United States of America shall up to and including October 1, 2010, within which to file a Response to Interested Parties Kirk and Amy Henrys Motion Under 18. U.S.C. 3663A to Revoke or Extend Rick Rizzolos Term of Supervision 357 . Signed by Judge Philip M. Pro on 9/20/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 09/20/2010)
10/01/2010360 RESPONSE to 357 MOTION to Revoke or extend Rick Rizzolo's term of supervision ; filed by USA as to Power Company, Inc., Frederick John Rizzolo. Replies due by 10/11/2010. (Johnson, Eric) (Entered: 10/01/2010)
10/12/2010361 SUPPLEMENT to 357 MOTION to Revoke or extend Rick Rizzolo's term of supervision by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 2 Exhibit 1 (cont.))(Erwin, Philip) (Entered: 10/12/2010)
10/14/2010362 MOTION for Hearing re 344 MOTION to Dismiss for Lack of Jurisdiction as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 10/14/2010. (Mushkin, Michael) Modified to remove duplicate wording on 10/18/2010 (LMC). (Entered: 10/14/2010)
11/01/2010364 ORDER granting 363 Motion for Judgment Debtor Exam as to Frederick John Rizzolo and Power Company Inc dba The Crazy Horse Too. Judgment Debtor Exam set for 12/14/2010 at 09:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. See Order for details.. Signed by Magistrate Judge Peggy A. Leen on 11/1/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 11/01/2010)
11/04/2010365 MOTION to Vacate and Reset Judgment Debtor Examination by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 11/4/2010. (Gonzalez, Carlos) (Entered: 11/04/2010)
11/09/2010367 ORDER granting 365 Motion to Vacate and Reset Judgment Debtor Exam as to Power Company, Inc. (1) and Frederick John Rizzolo (2). Judgment Debtor Exam reset for 12/17/2010 at 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. A copy of this order shall be served upon the defendant by the US Marshal at least 14 calendar days before the hearing. Signed by Magistrate Judge Peggy A. Leen on 11/8/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 11/10/2010)
11/30/2010373 NOTICE of Appearance by Kirk Henry as to Power Company, Inc., Frederick John Rizzolo. (Rabenhorst, Wade) (Entered: 11/30/2010)
11/30/2010374 ORDER GRANTING 370 Stipulation to Extend Deadlines as to Defendant Frederick John Rizzolo. The deadline for filing any response to defendants Opposition to Motion for Supplemental Proceedings and Request to Vacate Hearing on Supplemental Proceedings; Counter-motion to Require the Government to Specifically Perform the Terms of the Plea Agreement; and Request to Strike the Illegal Modification of Sentence 368 be extended so that the Government will have up to 12/3/10, within which to file any response. Signed by Judge Philip M. Pro on 11/30/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 11/30/2010)
12/06/2010376 ORDER Granting 344 Petition of Canico Capital Group, LLC: Motion Hearing set for 12/23/2010 09:00 AM in LV Courtroom 7C before Judge Philip M. Pro. Status Report due by 12/21/2010. Signed by Judge Philip M. Pro on 12/6/10. (Copies have been distributed pursuant to the NEF - ASB) (Entered: 12/06/2010)
12/06/2010377 LETTER from Michael Mushkin re: 343 Petition for Ancillary Hearing. (ASB) (Entered: 12/06/2010)
12/06/2010378 ORDER Vacating the Judgment Debtor Exam scheduled for 12/17/10, pending the resolution of 372 Defendant Rizzolo's Motion to Vacate. Signed by Judge Philip M. Pro on 12/6/10. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 12/06/2010)
12/08/2010380  NOTICE: Attorney Action Required to 379 Stipulation. ERROR: Actions combined into one document. Attorney Margaret Lambrose to REFILE the Motion to Require as a separate motion and the Request to Strike as a separate motion. (no image attached)(LMC) Modified to vacate notification on 12/8/2010 (LMC). (Entered: 12/08/2010)
12/10/2010382 NOTICE to the United States District Court Concerning the Disposition of the Forfeited Property by USA as to Power Company, Inc., Frederick John Rizzolo re 376 Order on Motion. (Hollingsworth, Daniel) Modified to remove unnecessary wording on 12/14/2010 (LMC). (Entered: 12/10/2010)
12/10/2010383First MOTION to Continue District Judge Hearing Concerning Canico's Petition Currently Scheduled December 23, 2010 (#376) by USA as to Power Company, Inc., Frederick John Rizzolo. Motion ripe 12/10/2010. (Hollingsworth, Daniel) (Entered: 12/10/2010)
12/13/2010384  ORDER granting 383 United States' Unopposed and Opposed Motion to Continue Hearing Concerning Canico's Petition. IT IS ORDERED the Motion Hearing set for 12/23/2010 at 09:00 AM is ADVANCED to 12/21/2010 at 03:30 PM in LV Courtroom 7C before Judge Philip M. Pro. Signed by Judge Philip M. Pro on 12/13/2010. (Copies have been distributed pursuant to the NEF - DMS) (Entered: 12/13/2010)
12/21/2010385  MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 12/21/2010 before Judge Philip M. Pro. Crtrm Administrator: Donna Sherwood; AUSA: Daniel D. Hollingsworth; Also Present: Stanley Hunterton, Phil Ervin; Def Counsel: Michael Mushkin; Court Reporter/FTR #: Summer Rivera; Time of Hearing: 3:50 p.m. - 4:35 p.m.; Courtroom: 7C; IT IS ORDERED Canico Capital Group, LLC's Petition for Ancillary Hearing 344 is DENIED. The Court hears the arguments of Mr. Hollingsworth, Mr. Mushkin and Mr. Hunterton on issues relating to the setting of an immediate auction date and establishing a reserve bid for the auction. Mr. Mushkin requests an accounting on the property with respect to the rents collected and moves the residual amount be returned to his client. The Court instructs the parties to collaborate on how the auction should be conducted and the Court will address these matters in a written Order to follow. (Copies have been distributed pursuant to the NEF - DMS) (Entered: 12/22/2010)
12/22/2010386 ORDER that the Petition of Canico Capital Group LLC for Ancillary Hearing 343 is hereby GRANTED to the extent that the Second Amended Order of Forfeiture is hereby amended to reflect that Canico Capital Group LLC is substituted for Security Pacific Bank and retains Security Pacific Banks priority position. The United States of Americas Motion to Dismiss the Petition of Canico Capital Group LLC 344 is hereby DENIED. The United States shall sell the Crazy Horse Too on or before 5/3/11, by any lawful means including public auction, and in a manner which is consistent with the Plea Agreement in this case. Counsel for the parties having an interest in the subject property shall forthwith meet and confer and shall, on or before 1/24/11, file with the Court a Joint Statement setting forth the agreed upon process for effecting the sale by the deadline imposed, or if they cannot agree to such a process, shall offer their alternative proposals by which to accomplish the sale. The United States shall provide to Canico Capital Group LLC an accounting of rents collected and expenses paid with respect to the Crazy Horse Too by 1/24/11. Signed by Judge Philip M. Pro on 12/22/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 12/22/2010)
01/24/2011393 Summons Returned Executed on 1/21/11 as to Frederick John Rizzolo re 391 Summons Issued. (ECS) (Entered: 01/24/2011)
01/24/2011394Joint STATEMENT of Canico Capital Group, LLC and the Henrys Setting Forth Process for Effecting Sale by the Deadline Imposed et al. by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo re 3 Exhibit [ExA-Pt3of3 - CBRE Docs])(Mushkin, Michael) Modified to remove duplicate wording on 1/25/2011 (LMC). (Entered: 01/24/2011)
01/24/2011395 STATUS REPORT of Sale of Forfeited Property by USA as to Power Company, Inc., Frederick John Rizzolo. (Attachments: # 2 Exhibit One)(Hollingsworth, Daniel) Modified to remove duplicate wording on 1/25/2011 (LMC). (Entered: 01/24/2011)
02/08/2011397 TRANSCRIPT of Proceedings, 325 Order on Motion,, Motion Hearing, as to Power Company, Inc., Frederick John Rizzolo held on Monday, April 26, 2010 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 3/11/2011. Release of Transcript Restriction set for 5/9/2011. (SLR) (Entered: 02/08/2011)
02/08/2011398 TRANSCRIPT of Proceedings, 385 Order on Motion for Hearing, Order on Motion to Dismiss for Lack of Jurisdiction, Motion Hearing, as to Power Company, Inc., Frederick John Rizzolo held on Tuesday, December 21, 2010 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 3/11/2011. Release of Transcript Restriction set for 5/9/2011. (SLR) (Entered: 02/08/2011)
02/10/2011401 AMENDED MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 2/10/2011 before Judge Philip M. Pro. Crtrm Administrator: Donna Sherwood; AUSA: Daniel Hollingsworth; Counsel for Kirk & Amy Henry: C. Stanley Hunterton, Philip Erwin; Def Counsel: Michael Mushkin; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 3:10 p.m. - 4:10 p.m.; Courtroom: 7C; RE: Joint Statement of Canico Capital Group, LLC and the Henrys Setting Forth Process for Effecting Sale by the Deadline Imposed; in the altnerative, Offer of Alternative Proposals by Which to Accomplish Sale 395 . The Court hears the arguments of Mr. Hollingsworth, Mr. Mushkin and Mr. Hunterton. On the request of counsel, IT IS ORDERED the hearing is continued to 2/24/2011 at 10:00 AM in LV Courtroom 7C before Judge Philip M. Pro.(no image attached) (Copies have been distributed pursuant to the NEF - DMS) (Entered: 02/16/2011)
02/11/2011400  MINUTES OF PROCEEDINGS - Motion Hearing as to Power Company, Inc., Frederick John Rizzolo held on 2/11/2011 before Judge Philip M. Pro. Crtrm Administrator: Donna Sherwood; AUSA: Daniel Hollingsworth; Counsel for Kirk & Amy Henry: C. Stanley Hunterton, Philip Erwin; Def Counsel: Michael Mushkin; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 3:10 p.m. - 4:10 p.m.; Courtroom: 7C; Re: Joint Statement of Canico Capital Group, LLC and the Henrys Setting Forth Process for Effecting Sale by the Deadline Imposed; in the alternative, Offer of Alternative Proposals by Which to Accomplish Sale 395 . The Court hears the arguments of Mr. Hollingsworth, Mr. Mushkin and Mr. Hunterton. On the request of counsel, IT IS ORDERED the hearing is continued to 2/24/2011 at 10:00 AM in LV Courtroom 7C before Judge Philip M. Pro.(no image attached) (Copies have been distributed pursuant to the NEF - DMS) (Entered: 02/16/2011)
02/17/2011402 NOTICE OF APPEAL by USA as to Power Company, Inc., Frederick John Rizzolo re 386 Order, E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Hollingsworth, Daniel) Modified on 2/18/2011 (LMC). (Entered: 02/17/2011)
02/17/2011403 ORDER for Time Schedule as to 402 Notice of Appeal filed by USA. USCA Case Number 11-10071. (JAG) (Entered: 02/17/2011)
02/17/2011404 Designation of Transcripts and Transcript Order forms and instructions for 402 Notice of Appeal as to Power Company, Inc.. The forms may also be obtained on the Court's website at www.nvd.uscourts.gov/Forms.aspx. (JAG) (Entered: 02/17/2011)
02/23/2011408 TRANSCRIPT of Proceedings, 316 Motion to Lift Stay Hearing, as to Power Company, Inc., Frederick John Rizzolo held on Friday, April 16, 2010 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 3/26/2011. Release of Transcript Restriction set for 5/24/2011. (JPQ) (Entered: 02/23/2011)
02/23/2011409 TRANSCRIPT DESIGNATION by USA as to Power Company, Inc. and Frederick John Rizzolo re 402 Notice of Appeal. Transcripts needed: 316 Motion Hearing and 385 Order on Motion for Hearing. (ASB) (Entered: 02/23/2011)
02/23/2011410  CERTIFICATE OF RECORD on 402 Notice of Appeal as to Power Company, Inc. and Frederick John Rizzolo.

The record on appeal, consisting of the reporter's transcripts and the United States District Court clerk's record is ready for the purpose of the appeal.

This file exists in electronic format and is States District Court clerk's record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court's docket sheet and should be used for reference purposes in the briefs.

Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document.

E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached)(ASB) (Entered: 02/23/2011)

02/24/2011411  MINUTES OF PROCEEDINGS held on 2/24/2011 before Judge Philip M. Pro. Crtrm Administrator: Donna Sherwood; AUSA: Daniel Hollingsworth; Counsel for Kirk & Amy Henry: C. Stanley Hunterton, Philip Erwin; Def Counsel: Michael Mushkin; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 10:00 a.m. - 10:20 a.m.; Courtroom: 7C; Re: Joint Statement of Canico Capital Group, LLC and the Henrys Setting Forth Process for Effecting Sale by the Deadline Imposed; in the Alternative, Offer of Alternative Proposals by Which to Accomplish Sale 395 . Mr. Hollingsworth advises the Court all negotiations have fallen through and moves to withdraw the United States of America's Motion to Stay Foreclosure 386 be modified to reflect that Canico will be permitted to proceed with a non-judicial foreclosure sale, after which the Government will withdraw its Notice of Appeal. The Court hears the representations of Mr. Mushkin and Mr. Hunterton. The Court instructs the parties to confer and submit a Proposed Order for the Court's signature by tomorrow. (no image attached) (Copies have been distributed pursuant to the NEF - DMS) (Entered: 02/24/2011)
02/25/2011413 MINUTE ORDER IN CHAMBERS of the Honorable Judge Philip M. Pro, as to Power Company, Inc., Frederick John Rizzolo on 2/25/2011.IT IS ORDERED that all parties shall appear on Monday, February 28, 2011, at 2:30 p.m., before the Honorable Judge Philip M. Pro, Courtroom 7C, regarding the Proposed Order pursuant to the Minutes of Proceedings entered February 24, 2011, (Doc. #411). (no image attached) (Copies have been distributed pursuant to the NEF - DG) (Entered: 02/25/2011)
02/28/2011414  MINUTES OF PROCEEDINGS - Hearing Re Proposed Order as to Power Company, Inc., Frederick John Rizzolo held on 2/28/2011 before Judge Philip M. Pro. Crtrm Administrator: Donna Sherwood; AUSA: Daniel Hollingsworth; Counsel for Kirk & Amy Henry; C. Stanley Hunterton, Philip Erwin; Def Counsel: Counsel for Canico Capital: Michael Mushkin; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 2:30 p.m. - 2:40 p.m.; Courtroom: 7C; The Court has been advised the Order of Sale has been drafted, but there is an objection by Mr. Hunterton. The Court hears the representations of Mr. Hunterton regarding requested changes. Mr. Mushkin and Mr. Hollingsworth have no objection. The Court approves and signs the Order of Sale. (no image attached) (Copies have been distributed pursuant to the NEF - DMS) (Entered: 03/01/2011)
03/14/2011417 TRANSCRIPT of Proceedings, 401 Motion Hearing, as to Power Company, Inc., Frederick John Rizzolo held on Thursday, February 10, 2011 before Judge Philip M. Pro. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that Redacted Transcript Deadline set for 4/14/2011. Release of Transcript Restriction set for 6/12/2011. (JPQ) (Entered: 03/14/2011)
03/22/2011421 NOTICE of Filing and Recordation of Breach and Election to Sell Under Deed of Trust by Canico Capital Group, LLC as to Power Company, Inc., Frederick John Rizzolo. (Mushkin, Michael) Modified to remove duplicate wording on 3/23/2011 (LMC). (Entered: 03/22/2011)