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12-2746 - (CONSENT) 4Wall Las Vegas, Inc. v. Triebwasser et al


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12-2746 - (CONSENT) 4Wall Las Vegas, Inc. v. Triebwasser et al
February 14, 2013
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ORDER signed by Judge Kimberly J. Mueller on 2/13/2013 ORDERING that the Clerk of the Court REASSIGN this case to the Honorable Kendall J. Newman. The parties shall please take note that all documents hereafter filed with the Clerk of the Court shall bear case No. Civ. S-12-2746 KJN. All currently scheduled dates presently set before Judge Mueller are hereby VACATED. The hearing on plaintiff's application for writ of possession is hereby RESET before Magistrate Judge Newman for 2/14/2013 at 10:00 a.m. in courtroom no. 25. (Zignago, K.)
February 15, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2013 ORDERING Within 7 days of the date of this order, plaintiff shall file an appropriate declaration attaching a complete version of Exhibit C [the "Out Contract"] to the Declaration of Michael Cannon filed along with plaintiff's reply brief in support of the application for writ of possession (Dkt. No. 16 at 26-29), including the terms and conditions on the reverse side referenced in plaintiff's briefing; within 7 days of the date of this order, plaintiff shall also file a supported assessment of the amount of the undertaking the court should impose on defendants pursuant to Cal. Civ. Proc. Code Sec 515.010(b), 515.020(b), in the event that the court grants plaintiff' application for a writ of possession and determines that defendants have no interest in the property; defendants shall file any response to these filings within 7 days of service with the above-mentioned filings; defendants shall not destroy, dissipate, convey, or otherwise relocate the property at issue, except for the purposes of short-term rentals or leases to third parties in the ordinary course of defendants' business.(Reader, L)
March 8, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/8/2013 ORDERING Plaintiff's 12 application for a writ of possession under CA Civil Procedure Code section 512.010 is GRANTED along the terms outlined in this order. The Clerk of Court shall immediately issue a writ of possession directing the Sheriff of Sacramento County, CA (or any other sheriff or marshal within whose jurisdiction the property is located), as the levying officer, to levy on and seize the Equipment (which includes various items of entertainment lighting equipment), described in particularity in Exhibit 1 to plaintiff's 12 application for writ of possession, pursuant to CA Civil Procedure Code section 514.010. The levying officer shall retain the Equipment in custody until released or sold pursuant to CA Civil Procedure Code section 514.030. The levying officer shall further comply with all applicable requirements of CA Civil Procedure Code sections 514.010-514.050. Notwithstanding the foregoing, levy of the writ of possession shall be STAYED for a period of 7 calendar days from the date of filing of this order, to allow defendants to either provide the required undertaking, specified below, or turn over the Equipment to plaintiff without the assistance of a levying officer. Upon expiration of the 7 Day period, the writ of possession may be levied or executed without further delay. The Clerk of Court is directed to attach a copy of this order to the writ of possession. The court finds that plaintiff has shown probable cause to believe that the Equipment is located at defendants place of business. ACCORDINGLY when levying the writ of possession, the levying officer may enter the premises of Stage 1, Inc. at 612-B Figueroa Street, Unit G, Folsom, CA 95630 for purposes of seizing the Equipment, or some portion of it. If the Equipment, or some portion thereof, cannot be found at the foregoing address, plaintiff may apply ex parte in writing to this court for an endorsement on the writ directing the levying officer to seize the property at a private place not specified in the writ in accordance with CA Civil Procedure Code section 512.090. Pursuant to CA Civil Procedure Code section 512.070, defendants are further directed to transfer possession of the Equipment to plaintiff. Defendants are cautioned that failure to turn over possession of the Equipment to plaintiff may subject defendants to being held in contempt of court. Defendants are informed that they may prevent levy of the writ of possession, or obtain redelivery of the Equipment after levy of the writ of possession, if they file an undertaking pursuant to CA Civil Procedure Code section 515.020 in the amount of $54,691.50. WRIT ISSUED(Reader, L)
March 8, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/8/2013 ORDERING that within 28 days of this order, the parties shall meet and confer about the mandatory disclosures required by FRCP 26, if they have not already done so; a Status Pre-Trial Scheduling Conference set for 6/13/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall file a joint status report 14 days prior to the status conference. Counsel are reminded of their continuing duty to notify chambers immediately of any settlement or other disposition. (Reader, L)
April 5, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/4/13 ORDERING that the 5/2/13 hearing on plaintiff's motion for an order to show cause is VACATED; Plaintiff's motion for an order to show cause 37 and the accompanying ex parte application for a hearing on shortened time 39 are DENIED WITHOUT PREJUDICE; Defendants are cautioned that failure to cooperate with levy or execution on the writ may result in the imposition of any appropriate sanctions. (Becknal, R)
June 24, 2013
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ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/24/13 ORDERING no early settlement conference is this matter be scheduled at this time; the 7/11/13, hearing on plaintiff's motion for contempt and motion for leave to amend the operative complaint 4550 is confirmed; within 7 days of this order, defendants' counsel shall show cause why monetary sanctions should not be imposed for his failure to participate in the drafting/filing of a joint statement re alternative dispute resolution in accordance with the courts' 6/13/13 minute order and his failure to respond the courts subsequent 6/20/13 minute order; Even assuming that no agreement on alternative dispute resolution could be reached, defendants counsels response should focus on the reasons why he did not report this to the court, but instead entirely failed to respond to the court's orders. (Becknal, R)
June 25, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/2013 ORDERING 57 Order to Show Cause is DISCHARGED; Settlement Conference set for 7/17/2013 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; in addition to counsel, client representatives for each party with full settlement authority shall be personally present at the settlement conference; parties shall exchange non-confidential settlement statements no later than 7/10/2013; 45 50 Motion Hearings RESET for 8/8/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.(Waggoner, D)
June 26, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2013 ORDERING 60 Notice (purported Substitution of Attorney) by Mr. Yonano is STRICKEN for failure to comply with Local Rule 182(d) and has no effect in this case; if Mr. Yonano wishes to withdraw as counsel for defendants and counterclaimants, he shall comply with the requirements of Local Rule 182(d), including the requirement of filing a properly noticed Motion with this court; Mr. Yonano is cautioned that his duties as attorney of record, which include attendance at all settlement conferences, hearings, and other proceedings, shall continue until he is relieved from his duties as counsel by an order of the court. (Waggoner, D)
August 21, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/13 granting 66 Request for Redaction of Confidential Information re: Settlement Agreement. (Meuleman, A)
August 21, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/13 DISMISSING CASE WITH PREJUDICE. The Court shall retain jurisdiction over this matter as necessary to enforce the parties' Settlement Agreement. CASE CLOSED. (Meuleman, A)
October 8, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2013 ORDERING that the court DENIES plaintiff's 72 request to approve and enter the stipulated judgment, but without prejudice to plaintiff re-submitting that request in accordance with this order. (Zignago, K.)
October 17, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/13 ORDERING that the Declaration of Henry M. Burgoyne, III in Support of Filing of Stipulated Judgment Against Defendants and Exhibits A-F thereto (ECF No. 76) shall be filed under seal as requested by Plaintiff 4Wall Las Vegas, Inc. (Becknal, R)
October 17, 2013
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STIPULATED JUDGMENT and ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/13 ORDERING In accordance with the parties' 8/16/13 Settlement Agreement, judgment shall be entered against Defendants jointly and severally and in favor of Plaintiffs. The amount of the judgment shall be $104,678.04 ($111,678.04 minus $7,000.00, the sum of all payments previously made by Defendants to Plaintiffs pursuant to Section 2 of the Settlement Agreement), plus interests thereafter at the applicable legal post-judgment rate; No later than seven days after entry of this Stipulated Judgment, Defendants shall return to 4Wall at 4Wall's Nevada place of business the Retained Equipment as identified in Exhibit A to the parties' Settlement Agreement. Defendants' failure to timely return the Retained Equipment as required by this Stipulated Judgment shall subject Defendants to a finding of civil contempt of court. APPROVED AND SO ORDERED. The Clerk of Court shall enter judgment in accordance with this stipulated judgment and order. (Becknal, R)
January 16, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/16/2014 CONTINUING the hearing on the claim of exemption to 2/13/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; ORDERING the plaintiff to file and serve by 1/23/2014, a brief not exceeding five (5) pages and a proposed order addressing (a) the necessary background facts with respect to the plaintiffs' judgment enforcement efforts and the specific bank accounts at issue, (b) the claim of exemption filed by the defendants/judgment debtors, and (c) why the claim of exemption is not valid based on applicable law; ORDERING the defendants/judgment debtors to file by 2/6/2014, a written response not exceeding five (5) pages to the plaintiffs' brief; ORDERING the plaintiffs to promptly provide notice of this order and the continued hearing to all appropriate parties; DIRECTING the Clerk of Court to serve a copy of this order on defendants/judgment debtors Mark Triebwasser and Stage 1, Inc. at 612 Figueroa Street, Unit B, Folsom, CA 95630. (Michel, G)
May 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/8/14 ORDERING that the stay is lifted; Defendants'/Judgment Debtors' claim of exemption is DENIED; the funds shall be delivered by Union Bank of Ca to the USM or other appropriate levying officer and thereafter applied toward satisfaction of the Stipulated Judgment in this matter in accordance with applicable law; this order disposes of ECF Nos. 83 and 84. (cc: USM) (Manzer, C)