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United States Securities and Exchange Commission v. Albert Fase Kaleta, Kaleta Capital Management, Inc., BusinessRadio Network, L.P. d/b/a/ BizRadio and Daniel Frishberg Financial Services, Inc., d/b/a DFFS Capital Management, Inc.

 
   

Case No. 4:09-cv-3674

 
   
   
   
   
   

Court Filings

Links to selected pleadings, motions, Court Orders and other documents filed in the SEC's lawsuit against the Defendants are provided below.  A comprehensive list of all filings in this lawsuit is available on the website of the United States Courts, Public Access to Court Electronic Records ("Pacer").

 
Date Filed # Docket Text
11/13/2009 1   COMPLAINT against all defendants filed by Securities & Exchange Commission. (Attachments: # 1 Civil Cover Sheet)(McCole, Timothy) (Entered: 11/13/2009)
11/13/2009 2   Unopposed MOTION to Enter Agreed Order Appointing Receiver by Securities & Exchange Commission, filed. Motion Docket Date 12/3/2009. (Attachments: # 1 Proposed Order)(McCole, Timothy) (Entered: 11/13/2009)
11/13/2009 3   Unopposed MOTION for to Enter Agreed Judgment as to Defendants Albert Fase Kaleta and Kaleta Capital Management, Inc. Judgment by Securities & Exchange Commission, filed. Motion Docket Date 12/3/2009. (Attachments: # 1 Exhibit A Consent of Albert Fase Kaleta, # 2 Exhibit B Consent of Kaleta Capital Management, Inc., # 3 Proposed Order)(McCole, Timothy) (Entered: 11/13/2009)
11/17/2009 4   ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/22/2010 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(kstrouse, ) (Entered: 11/17/2009)
11/19/2009    Summons Issued as to Albert Fase Kaleta.(rvazquez) (Entered: 11/19/2009)
11/19/2009    Summons Issued as to Kaleta Capital Management, Inc. (rvazquez) (Entered: 11/19/2009)
11/19/2009    Summons Issued as to BusinessRadio Network, L.P. (rvazquez) (Entered: 11/19/2009)
11/19/2009    Summons Issued as to Daniel Frishberg Financial Services, Inc. (rvazquez) (Entered: 11/19/2009)
11/30/2009 5   CERTIFICATE OF INTERESTED PARTIES by Securities & Exchange Commission, filed.(McCole, Timothy) (Entered: 11/30/2009)
12/02/2009 6   AGREED JUDGMENT ; GRANTED 3 Unopposed MOTION for to Enter Agreed Judgment as to Defendants Albert Fase Kaleta and Kaleta Capital Management, Inc. Judgment.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 12/02/2009)
12/02/2009 7   ORDER granting 2 Motion Appointing Receiver.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 12/02/2009)
12/03/2009    Summons re-issued as to BusinessRadio Network, L.P., Daniel Frishberg Financial Services, Inc., Albert Fase Kaleta, Kaleta Capital Management, Inc., filed.(rvazquez) (Entered: 12/03/2009)
02/02/2010 8   WAIVER OF SERVICE Returned Executed as to BusinessRadio Network, L.P. served on 2/1/2010, answer due 4/2/2010, filed.(McCole, Timothy) (Entered: 02/02/2010)
02/02/2010 9   WAIVER OF SERVICE Returned Executed as to Daniel Frishberg Financial Services, Inc. served on 2/1/2010, answer due 4/2/2010, filed.(McCole, Timothy) (Entered: 02/02/2010)
02/18/2010 10   JOINT DISCOVERY/CASE MANAGEMENT PLAN by Securities & Exchange Commission, filed.(McCole, Timothy) (Entered: 02/18/2010)
02/18/2010    ***Set/Reset Deadlines/Hearings: Initial Conference set for 2/22/2010 at 02:00 PM in Courtroom 8B before Judge Nancy F. Atlas (sashabranner, ) (Entered: 02/18/2010)
02/22/2010 11   MINUTE ENTRY ORDER: Pretrial conference held Appearances: Timothy McCole for Plaintiff, Robert Axelrod for Defendants, Thomas Taylor III, Esq, for Receiver. Ct Reporter: ERO..Docket control order to follow.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 02/23/2010)
02/24/2010 12   SCHEDULING ORDER. ETT: 2 days. Bench. Amended Pleadings due by 4/23/2010 Joinder of Parties due by 4/23/2010 Pltf Expert Report due by 6/30/2010 Deft Expert Report due by 7/30/2010 Discovery due by 8/31/2010 Mediation due by 12/21/2010 Dispositive Motion Filing due by 9/30/2010 Non-Dispositive Motion Filing due by 9/30/2010 Joint Pretrial Order due by 12/13/2010 Docket Call set for 12/21/2010 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 02/24/2010)
03/11/2010 13   MOTION to Quash Subpoena to Produce Documents by Daniel Frishberg, filed. Motion Docket Date 4/1/2010. (Fuqua, Richard) (Entered: 03/11/2010)
03/11/2010 14   ORDER Setting Hearing on Motion 13 MOTION to Quash Subpoena to Produce Documents : Motion Hearing set for 3/19/2010 at 11:00 AM in Courtroom 8B before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 03/11/2010)
03/29/2010 15   CERTIFICATE OF INTERESTED PARTIES by BusinessRadio Network, L.P., filed.(Axelrod, Robert) (Entered: 03/29/2010)
04/01/2010 16   ANSWER to 1 Complaint by BusinessRadio Network, L.P., Daniel Frishberg Financial Services, Inc., filed.(Axelrod, Robert) (Entered: 04/01/2010)
04/21/2010 17   NOTICE to Take Deposition of Daniel J. Frishberg by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit Subpoena)(Taylor, Thomas) (Entered: 04/21/2010)
04/21/2010 18   Agreed MOTION for Extension of Time To join additional parties by Thomas L Taylor III, filed. Motion Docket Date 5/12/2010. (Taylor, Thomas) (Entered: 04/21/2010)
04/22/2010 19   ORDER GRANTED 18 Agreed MOTION for Extension of Time To join additional parties.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 04/22/2010)
04/23/2010 20   NOTICE to Take Deposition of Albert Fase Kaleta by Thomas L Taylor III, filed. (Taylor, Thomas) (Entered: 04/23/2010)
04/29/2010 21   NOTICE to Take Deposition of Daniel Frishberg by Thomas L Taylor III, filed. (Taylor, Thomas) (Entered: 04/29/2010)
05/04/2010 22   First MOTION to Modify Order Appointing Receiver as to 7 Order on Motion for Miscellaneous Relief by Thomas L Taylor III, filed. Motion Docket Date 5/25/2010. (Attachments: # 1 Affidavit, # 2 Exhibit 1-12, # 3 Exhibit 13-19, # 4 Proposed Order Modifying Order Appointing Receiver, # 5 Proposed Order Asset Freeze)(Taylor, Thomas) (Entered: 05/04/2010)
05/04/2010 23   NOTICE of Appearance by Gene R. Besen on behalf of Thomas L Taylor III, filed. (Besen, Gene) (Entered: 05/04/2010)
05/05/2010 24   ORDER Setting Hearing on Motion 22 First MOTION to Modify Order Appointing Receiver as to 7 Order on Motion for Miscellaneous ReliefFirst MOTION to Modify Order Appointing Receiver as to 7 Order on Motion for Miscellaneous Relief : Motion Hearing set for 5/6/2010 at 01:30 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 05/05/2010)
05/06/2010 25   MINUTE ENTRY ORDER: Motion hearing held Appearances: Robert D Axelrod, Deon T Warner, Timothy Sean McCole, Gene R Besen, Thomas L Taylor. Ct Reporter: ERO. First Motion to Modify Order Appointing Receiver and for Emergency Asset Freeze by Thomas L Taylor III [Doc. #22] (Motion) is held in abeyance in accordance with the record in open court.The Court Orders that discovery of Mr. Frishberg and related entities will take place on or before May 16, 2010.Parties have agreed to a stay all transfers of assets by all entities implicated in the Receivers Motion pending the Courts ruling on that Motion in accordance with the record in open court.Mr. Taylors Amended Motion to Modify Order Appointing Receiver is due June 14, 2010. Responses due June 18, 2010 by 12:00 p.m.Amended docket control order to follow.Mr. Warners Oral Motion to Appear Pro Hac Vice is GRANTED in accordance with the record in open court. Motion Hearing set for 6/22/2010 at 09:30 AM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 05/07/2010)
05/10/2010 26   SCHEDULING ORDER. ETT: 2 days. Bench. Amended Pleadings due by 7/15/2010 Joinder of Parties due by 7/15/2010 Pltf Expert Report due by 8/15/2010 Deft Expert Report due by 9/15/2010 Discovery due by 10/15/2010 Mediation due by 2/1/2011 Dispositive Motion Filing due by 11/15/2010 Non-Dispositive Motion Filing due by 11/15/2010 Joint Pretrial Order due by 1/24/2011 Docket Call set for 2/1/2011 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 05/10/2010)
05/13/2010 27   NOTICE to Take Deposition of WILLIAM HEATH by Thomas L Taylor III, filed. (Taylor, Thomas) (Entered: 05/13/2010)
05/21/2010 28   AO 435 TRANSCRIPT ORDER FORM by Gene R Besen. This is to order a transcript of hearing held on 5/6/10 before Judge Nancy F. Atlas (Original), filed. (smurdock, ) Forwarded to tansriber JTT 5/21/2010. Modified on 6/28/2010 (dclark, ). (Entered: 05/21/2010)
06/01/2010 29   NOTICE to Take Deposition of Daniel Frishberg by Thomas L Taylor III, filed. (Besen, Gene) (Entered: 06/01/2010)
06/02/2010 30   TRANSCRIPT re: Motions hearing held on 05-06-10 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, Inc.. Release of Transcript Restriction set for 8/31/2010., filed. (lvmartin, ) (Entered: 06/02/2010)
06/03/2010 31   Notice of Filing of Official Transcript as to 30 Transcript. Party notified, filed. (dhansen, ) (Entered: 06/03/2010)
06/15/2010 32   NOTICE of Resetting. Parties notified. Motion Hearing set for 6/22/2010 at 08:30 AM (TIME CHANGE ONLY) in Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, ) (Entered: 06/15/2010)
06/16/2010 33   STIPULATION re: to Modify Order Appointing Receiver by Thomas L Taylor III, filed. (Attachments: # 1 Proposed Order)(Besen, Gene) (Entered: 06/16/2010)
06/17/2010 34   ORDER granting 22 Motion to Modify.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/17/2010)
06/17/2010 35   ORDER.Pursuant to the Parties Stipulation to Modify Order Appointing Receiver [Doc. # 33], it is ORDERED that the Receivers Motion to Modify Order Appointing Receiver and for Emergency Asset Freeze [Doc. # 22] (Motion) is DENIED AS MOOT. It is further ORDERED that the hearing on the Motion currently set for June 22, 2010, at 8:30 a.m., is VACATED. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/17/2010)
06/25/2010 36   NOTICE of Appearance by Joseph G. Epstein on behalf of South Texas Broadcasting, Inc., filed. (Epstein, Joseph) (Entered: 06/25/2010)
07/15/2010 37   Unopposed MOTION to Consolidate Lead Case No. 4:09-cv-3674 and Member Case No. 4:10-cv-1189 by Thomas L Taylor III, filed. Motion Docket Date 8/5/2010. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Taylor, Thomas) (Entered: 07/15/2010)
07/19/2010 38   ORDER granting 37 Motion to Consolidate Cases: Lead Case No. 4:09-cv-3674 and Member Case No. 4:10-cv-1189.(Signed by Judge Nancy F. Atlas) Parties notified.(jewilliams, ) (Entered: 07/19/2010)
07/21/2010 39   NOTICE of Appearance by William E. Schweinle, Jr. on behalf of John W. Saunders, filed. (jdav, ) (Entered: 07/21/2010)
07/29/2010 40   EMERGENCY MOTION by Thomas L Taylor III, filed. Motion Docket Date 8/19/2010. (Attachments: # 1 Proposed Order)(Besen, Gene) (Entered: 07/29/2010)
08/04/2010 41   ORDER The Court has received the Receivers Emergency Motion to Authorize Deviation from Requirements of 28 U.S.C. 2004 for Sale of Personal Property Held by Receivership Estate [Doc. # 40] (Motion). The Motion indicates that the Securities and Exchange Commission is unopposed to the relief sought, but makes no mention of the position of any other party. It is therefore ORDERED that Defendants and Relief Defendants must file their opposition, if any, to the Motion, by August 9, 2010. Defendants and Relief Defendants are cautioned that a failure to respond will be interpreted as a statement of non-opposition. Responses due by 8/9/2010.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/04/2010)
08/10/2010 42 ORDER granting 40 Motion for Emergency.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/10/2010)
09/10/2010 43

 

MOTION for Approval of First Interim Fee Application by Thomas L Taylor III, filed. Motion Docket Date 10/1/2010. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Supplement Standardized Fund Accounting Report, # 4 Proposed Order)(Taylor, Thomas) (Entered: 09/10/2010)
10/08/2010 44 ORDER GRANTING FIRST INTERIM APPLICATIONTO PAY FEES INCURRED BY THE RECEIVER AND PROFESSIONALS re: 43 Motion for Approval. The Court authorizes Receiver promptly to pay from the Receivership Estate: (1) $229,660.32 payment to the Receiver and his firm; and (2) $64,176.83 payment to Sonnenschein, Nath & Rosenthal, the Receivers counsel. (Signed by Judge Nancy F. Atlas) Parties notified.(amaly) (Entered: 10/08/2010)
10/29/2010 45 Opposed MOTION to Lift Stay by Barbara Doreen House, filed. Motion Docket Date 11/19/2010. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Bryant, David) (Entered: 10/29/2010)
11/01/2010 46 ORDER The Court has received Movant Barbara Doreen Houses Emergency Motion for Order Declaring Movants Claims Exempt from Receivership Stay or, in the Alternative, for an Order Lifting the Stay [Doc. # 45]. It is hereby ORDERED that the Receiver file any opposition to this Motion by November 4, 2010. Receiver is cautioned that a failure to respond will be interpreted as a statement of non-opposition. Responses due by 11/4/2010.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 11/01/2010)
11/04/2010 47 STIPULATION re: Extension of Time to Respond to Movant's Emergency Motion by Thomas L Taylor III, filed. (Attachments: # 1 Proposed Order)(Besen, Gene) (Entered: 11/04/2010)
11/08/2010 48 ORDER GRANTED 47 Stipulation ( Responses due by 11/11/2010).(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 11/08/2010)
11/11/2010 49 STIPULATION re: Extending the Time for Receiver to Respond to Movant's Emergency Motion for Order Declaring Movant's Claims Exempt from Stay or, in the Alternative, for an Order Lifting Stay by Thomas L Taylor III, filed. (Attachments: # 1 Proposed Order)(Besen, Gene) (Entered: 11/11/2010)
11/12/2010 50 ORDER GRANTED 49 Stipulation, ( Responses due by 11/30/2010).(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 11/12/2010)
11/30/2010 51 STIPULATION re: to Extend Time for Receiver to Resond to Movant House's Emergency Motion for Order Declaring Movant's Claims Exempt from Stay or, in the Alternative, for an Order Lifting Stay by Thomas L Taylor III, filed. (Attachments: # 1 Proposed Order)(Besen, Gene) (Entered: 11/30/2010)
12/01/2010 52 ORDER GRANTED 51 Stipulation, ( Responses due by 12/20/2010).Receiver has until December 20, 2010 to file any opposition to Movants Motion. Receiver is cautioned that a failure to respond will be interpreted as a statement of non-opposition.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 12/01/2010)
12/20/2010 53 RESPONSE to 45 Opposed MOTION to Lift Stay filed by Thomas L Taylor III. (Besen, Gene) (Entered: 12/20/2010)
01/14/2011 54 MEMORANDUM AND ORDER DENYING 45 Opposed MOTION to Lift Stay.(Signed by Judge Nancy F. Atlas) Parties notified.(jegonzalez, ) (Entered: 01/14/2011)
01/28/2011 55 Sealed Letter, filed. (Entered: 01/28/2011)
01/28/2011 56 Sealed Letter, filed. (Entered: 01/28/2011)
01/28/2011 57 ORDER that Docket Call set for Tuesday, February 1, 2011 is CANCELED.. It is further ORDERED that on or before February 11, 2011 the parties are to confer and file with the Court their proposed amended dates for all outstanding deadlines in the Scheduling Order [Doc. # 26]. (Signed by Judge Nancy F. Atlas) Parties notified.(chorace) (Entered: 01/28/2011)
02/09/2011 58 MOTION for Johnson Deluca Kennedy & Kurisky, P.C. to Withdraw as Attorney by Brian De Armas, ProTechnik Inc., filed. Motion Docket Date 3/2/2011. (Kurisky, George) (Entered: 02/09/2011)
02/11/2011 59 Joint MOTION to Amend 57 Order, 26 Scheduling Order,, by Securities & Exchange Commission, filed. Motion Docket Date 3/4/2011. (Attachments: # 1 Proposed Order Second Revised Docket Control Order)(McCole, Timothy) (Entered: 02/11/2011)
02/11/2011 60 STATUS REPORT by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 02/11/2011)
02/14/2011 61 SCHEDULING ORDER GRANTED 59 Joint MOTION to Amend 57 Order, 26 Scheduling Order,,. ( Joinder of Parties due by 8/10/2011, Dispositive Motion Filing due by 5/11/2011.).(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 02/14/2011)
03/07/2011 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Compromise of Controversies and Partial Distribution of Sale Proceeds by Thomas L Taylor III, filed. Motion Docket Date 3/28/2011. (Attachments: # 1 Affidavit of Thomas L. Taylor III, # 2 Exhibit 1, # 3 Exhibit 2-4, # 4 Proposed Order)(Taylor, Thomas) (Entered: 03/07/2011)
03/10/2011 63 ORDER granting 58 Motion to Withdraw as Attorney. Attorney George Anthony Kurisky, Jr terminated.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 03/10/2011)
03/21/2011 64 NOTICE to Take Deposition of Kevin M. Londergan by Thomas L Taylor III, filed. (Attachments: # 1 Subpoena)(Taylor, Thomas) (Entered: 03/21/2011)
04/04/2011 65 Amended PROPOSED ORDER re: 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Notice of Modified Order)(Taylor, Thomas) (Entered: 04/04/2011)
04/04/2011 66 Modified Order Approving Sale Procedures, Fixing Deadlines and Setting Hearing on Sale of Radio Station KTEK Free and Clear of all Liens, Claims, Encumbrances and Other Interests, Approving Compromise and Related Relief ( Miscellaneous Hearing set for 6/16/2011 at 09:00 AM at Courtroom 9F before Judge Nancy F. Atlas).(Signed by Judge Nancy F. Atlas) (Attachments: # 1 Exhibit) Parties notified.(chorace) (Entered: 04/04/2011)
04/11/2011 67 NOTICE to Take Deposition of Kevin Londergan by Thomas L Taylor III, filed. (Taylor, Thomas) (Entered: 04/11/2011)
04/18/2011 68 Mail Returned Undeliverable as to Brian De Armas re: 66 Order,, filed. No updated address found. (mfoley) (Entered: 04/18/2011)
05/11/2011 69 MOTION for Final Judgment Ordering Disgorgement Plus Prejudgment Interest and a Civil Penalty and Reciting Injunctions Previoulsy Imposed Against Defendant Albert Fase Kaleta and Brief in Support Judgment by Securities & Exchange Commission, filed. Motion Docket Date 6/1/2011. (Attachments: # 1 Exhibit A Prejudgment Interest Report, # 2 Proposed Order)(McCole, Timothy) (Entered: 05/11/2011)
06/07/2011 70 OBJECTIONS, filed by Ronald Ellisor, LaVonne Ellisor. (Fridge, Charles) (Entered: 06/07/2011)
06/08/2011 71 EXHIBITS re: 70 Objections by LaVonne Ellisor, Ronald Ellisor, filed. (Attachments: # 1 Continuation 1, # 2 Continuation 2, # 3 Continuation 3, # 4 Continuation 4, # 5 Continuation 5, # 6 Continuation 6, # 7 Continuation 7, # 8 Continuation 8, # 9 Continuation 9, # 10 Continuation 10, # 11 Continuation 11, # 12 Continuation 12)(glyons) (Entered: 06/08/2011)
06/08/2011 72 PROPOSED ORDER Confirming Sale of Radio Station, filed. (Attachments: # 1 Affidavit of Publication, # 2 Proposed Order)(Taylor, Thomas) (Entered: 06/08/2011)
06/09/2011 73 FINAL JUDGMENT.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/09/2011)
06/14/2011 74 Unopposed MOTION for Continuance of Hearing Scheduled for June 16, 2011 and Responses to Objections by Thomas L Taylor III, filed. Motion Docket Date 7/5/2011. (Attachments: # 1 Proposed Order)(Taylor, Thomas) (Entered: 06/14/2011)
06/14/2011 75 Amended PROPOSED ORDER re: 74 Unopposed MOTION for Continuance of Hearing Scheduled for June 16, 2011 and Responses to Objections, filed.(Taylor, Thomas) (Entered: 06/14/2011)
6/15/2011 76 ORDER GRANTED 74 Unopposed MOTION for Continuance of Hearing Scheduled for June 16, 2011 and Responses to Objections ( Miscellaneous Hearing set for 6/28/2011 at 02:00 PM at Courtroom 9F before Judge Nancy F. Atlas).(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/15/2011)
6/15/2011 77 Mail Returned Undeliverable as to Brian De Armas re: 73 Final Judgment, no updated address found, filed. (pyebernetsky, ) (Entered: 06/15/2011)
6/20/2011 78 NOTICE of Resetting. Parties notified. Miscellaneous Hearing set for 6/28/2011 at 01:30 PM (TIME CHANGE ONLY) at Courtroom 9F before Judge Nancy F. Atlas, filed. (sashabranner, ) (Entered: 06/20/2011)
06/24/2011 79 RESPONSE to 70 Objections to Sale of Radio Station Assets and Motion For Continuance of Confirmation Hearing, filed by South Texas Broadcasting, Inc.. (Attachments: # 1 Appendix Part 1, # 2 Appendix Part 2)(Epstein, Joseph) (Entered: 06/24/2011)
06/24/2011 80 OBJECTIONS to 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com, filed by Ivan Curiel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Fridge, Charles) (Entered: 06/24/2011)
06/24/2011 81 RESPONSE to 70 Objections to Sale of Radio Station Assets, filed by Thomas L Taylor III. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7 (Affidavit and Exhibits))(Taylor, Thomas) (Entered: 06/24/2011)
06/24/2011 82 OBJECTIONS, filed by LaVonne Ellisor, Ronald Ellisor. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Fridge, Charles) (Entered: 06/24/2011)
06/24/2011 83 Mail Returned Undeliverable as to Brian De Armas re: 76 Order,, filed. (jhancock) (Entered: 06/27/2011)
06/27/2011 84 Mail Returned Undeliverable as to Brian De Armas re: 78 Notice of Resetting, filed. Updated address could not be found (glyons) (Entered: 06/27/2011)
06/28/2011 85 AFFIDAVIT of Thomas L. Taylor III (Supplemental) re: 81 Response, filed. (Attachments: # 1 Exhibit A)(Taylor, Thomas) (Entered: 06/28/2011)
06/28/2011 86 MINUTE ENTRY ORDER: Status Conference held Appearances: David Coates, Thomas Schmidt. Appearances: Timothy Sean McCole, Joseph G Epstein, Thomas L Taylor, III. Ct Reporter: ERO. Pretrial Conference set for 9/15/2011 at 09:30 AM in Courtroom 9F before Judge Nancy F. Atlas. Investors counsel may have access to all documents in Receivers possession. Investors may look for others who need notice of continued hearing. Investors list due July 29, 2011. Notice by the receiver must be sent to all investors within fourteen days after the list has been given (no later then August 8, 2011) Objections due on or before August 29, 2011. Response to objections due on or before September 7, 2011. Parties to submit an agreed order resetting this hearing and recommending to the FCC that an extension of 90 days be granted on the application to transfer the Biz Radio license. The Court recommends that the parties mediate this case after some reasonable investigation.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/29/2011)
07/01/2011 87 Agreed PROPOSED ORDER re: 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com, filed.(Taylor, Thomas) (Entered: 07/01/2011)
07/05/2011 88 ORDER 3. Receivership entities in order to effectuate the compilation of the List. The List shall be delivered to the Receiver on or before July 29, 2011.4. Notice to all Potential Parties identified in the List or by Wallace Bajjali shall be served by the Receiver on or before the earlier of (i) fourteen days after Receiver receives the List, or (ii) August 8, 2011. The Court finds that additional publication notice of the sale and theadjourned hearing on the confirmation of the sale is not required. The Receiver shall file a certificate of service reflecting such service.5. Objections, if any, by Potential Parties shall be filed by August 29, 2011 at 4:00 p.m. 6. Reponses to Objections, if any, filed by Potential Parties shall be filed by the Receiver or South Texas Broadcasting, Inc., by September 7, 2011, at 4:00 p.m. 7. The continuation of the Confirmation Hearing is set for September 15, 2011, at 9:30 a.m. before the Honorable Nancy F. Atlas, United States District Judge, Courtroom 9F, at the Unites States Courthouse, 515 Rusk Street, Houston, Texas. 8. This Court respectfully requests that the Federal Communications Commission ("FCC") grant an additional 90 day extension of time for BusinessRadio Houston Licensee, LLC and South Texas Broadcasting, Inc. to consummate the assignment of the license of KTEK(AM)beyond the current expiration date of July 22, 2011. Such an extension will greatly assist thisCourt in the administration of the Receivership Estate. The Court would entertain any appearance or communication with the Court by the FCC which might facilitate granting such an extension. Nothing in this Order should be construed as a ruling that affects the probability of the proposed sale by BusinessRadio Houston Licensee LLC to South Texas Broadcasting, Inc.being confirmed by this Court. Miscellaneous Hearing set for 9/15/2011 at 09:30 AM at Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 07/06/2011)
07/06/2011 89 MOTION for Summary Judgment Against ProTechnik, Inc. and Brian DeArmas by Thomas L Taylor III, filed. Motion Docket Date 7/27/2011. (Attachments: # 1 Exhibit A, 1, # 2 Exhibit B, C, # 3 Exhibit D)(Taylor, Thomas) (Entered: 07/06/2011)
07/06/2011 90 Mail Returned Undeliverable as to Brian De Armas re: 86 Minute Entry Order, filed. No Updated Address found. (saustin, ) (Entered: 07/06/2011)
07/06/2011 91 Mail Returned Undeliverable as to ProTechnik Inc. re: 86 Minute Entry Order, filed. No Updated Address Found (saustin, ) (Entered: 07/06/2011)
07/18/2011 92 Mail Returned Undeliverable as to Brian De Armas re: 88 Order. No updated address found. (jekdall, ) (Entered: 07/18/2011)
07/21/2011 93 Unopposed MOTION for Extension of Time Deadline to Add New Parties by Thomas L Taylor III, filed. Motion Docket Date 8/11/2011. (Attachments: # 1 Proposed Order)(Taylor, Thomas) (Entered: 07/21/2011)
07/22/2011 94 ORDER granting 93 Motion for Extension of Time Amended Pleadings due by 9/23/2011..(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 07/22/2011)
07/29/2011 95 List of Investors by LaVonne Ellisor, Ronald Ellisor, filed.(Fridge, Charles) (Entered: 07/29/2011)
08/02/2011 96 MOTION for Approval of Settlement with Richard D. Jordan by Thomas L Taylor III, filed. Motion Docket Date 8/23/2011. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Taylor, Thomas) (Entered: 08/02/2011)
08/08/2011 97 CERTIFICATE OF SERVICE of 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com, 66 Order, 88 Order,,,,,,, by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 08/08/2011)
08/08/2011 98 CERTIFICATE OF SERVICE of 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com, 66 Order, 88 Order,,,,,,, by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 08/08/2011)
08/10/2011 99 PROPOSED ORDER re: 89 MOTION for Summary Judgment Against ProTechnik, Inc. and Brian DeArmas, filed. (Attachments: # 1 Proposed Judgment)(Taylor, Thomas) (Entered: 08/10/2011)
08/16/2011 100 ORDER.The Court has received Receivers Motion for Summary Judgment AgainstProtechnik, Inc. and Brian DeArmas [Doc. # 89]. Defendants Protechnik, Inc. andBrian DeArmas, who are proceeding pro se, have not yet filed a response. It appears,however, that the address on file for these Defendants at 9848 Southwest Fwy,Houston, TX 77074, is not correct. Mail sent by the Court to these Defendants at thisaddress has repeatedly been returned as undeliverable. See Docs. # 68, # 77, # 83,# 84, # 90, # 91, # 92. Accordingly, it is herebyORDERED that Receiver shall present evidence that Defendants Protechnik,Inc. and Brian DeArmas have notice of Receivers Motion for Summary Judgment.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/16/2011)
08/17/2011 101 AFFIDAVIT of Thomas L. Taylor, III, filed. (Attachments: # 1 Exhibit A)(Taylor, Thomas) (Entered: 08/17/2011)
08/19/2011 102 SUGGESTION OF BANKRUPTCY by ProTechnik Inc. and Brian De Armas, filed.(arrivera, ) (Entered: 08/22/2011)
08/22/2011 103 ORDER STAYING CASE DENIED without prejudice 89 MOTION for Summary Judgment Against ProTechnik, Inc. and Brian DeArmas.The Court has been advised that Defendants Protechnik, Inc. and Brian DeArmas have filed a voluntary petition in the United States Bankruptcy Court for the Southern District of Texas. See Suggestion of Bankruptcy [Doc. # 102]. Accordingly, it is herebyORDERED that this case is STAYED AND ADMINISTRATIVELY CLOSED in accordance with 11 U.S.C. 362(a)(1) as against Defendants Protechnik, Inc. and Brian DeArmas. It is furtherORDERED that the pending Motion for Summary Judgment [Doc. # 89] against these two Defendants is DENIED WITHOUT PREJUDICE. It is furtherORDERED that counsel for all remaining parties shall file a written statement by August 30, 2011, advising the Court whether the case should proceed in the absence of the two bankrupt Defendants or should be stayed in its entirety.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/22/2011)
08/22/2011 104 ORDER granting 96 Receiver's Motion for Approval of Settlement with Richard Jordan.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, ) (Entered: 08/23/2011)
08/23/2011 105 COMPLAINT against Daniel Frishberg, Albert Fase Kaleta, Barrington Financial Advisors, Inc., William C Heath, Elisea T Frishberg (Filing fee $ 350 receipt number 0541-8492893) filed by Thomas L Taylor III.(Taylor, Thomas) (Entered: 08/23/2011)
08/24/2011 106 Mail Returned Undeliverable as to Brian De Armas re: 100 Order,,, filed. No Updated address found. (saustin, ) (Entered: 08/24/2011)
08/25/2011 107 STATEMENT Plaintiff's Statement Regarding Defendants' Suggestion of Bankruptcy re: 103 Order Staying Case,,, by Securities & Exchange Commission, filed.(McCole, Timothy) (Entered: 08/25/2011)
08/25/2011 108 STATEMENT of Receiver re: 103 Order Staying Case,,, by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 08/25/2011)
08/25/2011 109 NOTICE of Appearance by Andrew M. Goforth on behalf of Thomas L Taylor III, filed. (Goforth, Andrew) (Entered: 08/25/2011)
08/30/2011 110 OBJECTIONS to 62 MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com MOTION for Entry of Order re: (I) Approving Bidding Procedures and Notice for the Sale of Radio Station Assets, (II) Approving Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances, and Other Interests, and (III) Approving Com, filed by John M Dosier. (sashabranner, ) (Entered: 08/30/2011)
09/01/2011 111 Amended OBJECTIONS & Brief in Support of Investor Objections to Sale, filed by LaVonne Ellisor, Ronald Ellisor. (Attachments: # 1 Exhibit, # 2 Supplement)(Fridge, Charles) (Entered: 09/01/2011)
09/12/2011 112 RESPONSE to 111 Objections and Brief In Support of Investors' Objection To Sale of Radio Station Assets, filed by South Texas Broadcasting, Inc.. (Epstein, Joseph) (Entered: 09/12/2011)
09/12/2011 113 MOTION for Approval of Proposed Settlement and for Ancillary Orders by Thomas L Taylor III, filed. Motion Docket Date 10/3/2011. (Attachments: # 1 Exhibit 1)(Taylor, Thomas) (Entered: 09/12/2011)
09/12/2011 114 RESPONSE to 111 Objections to Sale of Radio Station Assets, filed by Thomas L Taylor III. (Taylor, Thomas) (Entered: 09/12/2011)
09/15/2011 115 Minute Entry for proceedings held before Judge Nancy F. Atlas. MOTION HEARING held on 9/15/2011. Parties to participate in furthe discussions and return at 2:45 p.m.. Mr. Crider's conforming bid and "earnest money" payment (per the Modified Sale Order) is due 9/22/2011. The Receiver will submit a proposed Second Modified Sale Order in conformity with procedures agreed by the parties and ordered by the Court. Parties' outlines for priorities hearing due 9/28/2011. [2:45 p.m.]: Hearing and conference resume. Hearing is continued until 10/3/2011 at 09:00 a.m. Parties are ordered (by agreement) to mediation with Magistrate Judge Nancy Johnson, which will be held on 10/5/2011. The parties must contact Magistrate Judge Johnson regarding start time, submissions, and other procedures. Appearances:David Coates, Thomas Schmidt. Timothy Sean McCole, Joseph G Epstein, Thomas L Taylor, III.(ERO:yes), filed.(bthomas, ) . (Entered: 09/16/2011)
09/16/2011 116 NOTICE of Setting. Parties notified. Settlement Conference set for 10/5/2011 at 10:00 AM in Courtroom 700 before Magistrate Judge Nancy K. Johnson, filed. (sbyrum, ) (Entered: 09/16/2011)
09/22/2011 117 Investors' Unopposed MOTION for Order for Service of Subpoenas by U.S. Marshall's Service, filed. Motion Docket Date 10/13/2011. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit A)(rosaldana) (Entered: 09/22/2011)
09/22/2011 118 ORDER granting 117 Motion for Order for Service of Subpoenas by U.S. Marshall's Service.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 09/22/2011)
09/26/2011 119 PROPOSED ORDER Second Modified Order re Sales Procedures, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Goforth, Andrew) (Entered: 09/26/2011)
09/27/2011 120 ORDER APPROVING SALE PROCEDURES, FIXINGDEADLINES AND SETTING HEARING ON SALE OF RADIO STATION KTEK FREEAND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND OTHERINTERESTS, APPROVING COMPROMISE AND RELATED RELIEF. the Court shall conduct a hearing to confirm the saleon October 31, 2011 at 10:00 a.m. before the Honorable Nancy F. Atlas, United States DistrictJudge, Courtroom 9F, at the United States Courthouse, 515 Rusk Street, Houston, Texas, whichhearing may be adjourned or continued by order of this Court. Any party in interest that objectsto the proposed sale of the Station or other relief requested must file a written objection to thesale no later than October 21, 2011 at 4:00 p.m. and serve such objection on (i) Thomas L.Taylor III, The Taylor Law Offices, 4550 Post Oak Place Dr., Suite 241, Houston, Texas 77027,taylor@tltaylorlaw.com, and (ii) Joseph G. Epstein, Winstead PC, 1100 JPMorgan Chase Tower,600 Travis Street, Houston, Texas 77002, jepstein@winstead.com. The Receiver shall file andserve replies to any such objectors no later than October 27, 2011 at 4:00 p.m. Parties notified.(sashabranner, ) (Entered: 09/27/2011)
09/27/2011 121 BRIEF / Outline for Continued Hearing on Motion to Approve Sale by Thomas L Taylor III, filed.(Goforth, Andrew) (Entered: 09/27/2011)
09/28/2011 122 BRIEF Outlining South Texas Broadcasting, Inc.'s Priority and Perfection Issues for re: 115 Miscellaneous Hearing,,, by South Texas Broadcasting, Inc., filed.(Epstein, Joseph) (Entered: 09/28/2011)
09/28/2011 123 OBJECTIONS, filed by LaVonne Ellisor, Ronald Ellisor. (Attachments: # 1 Exhibit Exhibit A)(Fridge, Charles) (Entered: 09/28/2011)
10/03/2011 124 Opposed MOTION Investors' Objection to Receiver's Motion for Order Approving Proposed Settlement and For Ancillary Orders by LaVonne Ellisor, Ronald Ellisor, filed. Motion Docket Date 10/24/2011. (Fridge, Charles) (Entered: 10/03/2011)
10/03/2011 126 MINUTE ENTRY ORDER: Motion hearing held Appearances: Joseph Epstein, Tom Barnsdale, DAvid Coates, Dan Hedges. Appearances: Timothy Sean McCole, Thomas L Taylor, III. Ct Reporter: ERO..The objections to procedures for sale of the radio station receivership assets and STBs use of a credit bid in the sale have been withdrawn.Testimony heard on objectors priority status. Rulings are reserved.The mediation set for October 5, 2011 is cancelled.Objectors supplemental briefing due October 7, 2011, and Receivers supplement due October 17, 2011.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 10/05/2011)
10/05/2011   SETTLEMENT CONFERENCE NOT HELD***Deadlines terminated. (sbutler, ) (Entered: 10/05/2011)
10/05/2011 125 AO 435 TRANSCRIPT ORDER FORM by Lisa Dufffy. This is to order a transcript of Hearing held on 10/03/2011 before Judge Nancy F. Atlas (Original). Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (bdaniel, ) Modified on 10/6/2011 (dclark, ). Electronically forwarded to Judicial Transcribers of Texas 10/5/2011. (Entered: 10/05/2011)
10/05/2011 127 Return of Service Unexecuted as to Nancy V. Gollan re: Subpeona, filed.(kcraig, ) (Entered: 10/06/2011)
10/05/2011 129 PROCESS RECEIPT AND RETURN by the U.S. Marshall. Subpoena executed as to David G Wallace on 9/27/11 re: David Wallace, filed.(amaly) (Entered: 10/06/2011)
10/06/2011   Summons Issued as to Albert Fase Kaleta, filed.(kgilyard, ) (Entered: 10/06/2011)
10/06/2011 128 AO 435 TRANSCRIPT ORDER FORM by Kelly Cornel. This is to order a transcript of Testimony of David Wallace and Roinald Ellisor Only during a hearing held 10/3/2011 before Judge Nancy F. Atlas (Original). Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (dclark, ) Modified on 10/7/2011 (dclark, ). Expedited order electronically forwarded to Judicial Transcribers of Texas 10/6/2011. (Entered: 10/06/2011)
10/07/2011 130 AFFIDAVIT of David G. Wallace, filed.(Wade, Eric) (Entered: 10/07/2011)
10/07/2011 131 PROPOSED ORDER Compelling Production Of Documents From Wallace Bajjali Entities, filed.(Taylor, Thomas) (Entered: 10/07/2011)
10/07/2011 132 BRIEF Investor's Post-Hearing Brief Regarding Perfected Security Intersests in Proceeds From Sale of Radio Station Assets by LaVonne Ellisor, Ronald Ellisor, filed.(Fridge, Charles) (Entered: 10/07/2011)
10/09/2011 133 TRANSCRIPT re: Miscellaneous Hearings held on October 3, 2011 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, Inc. Release of Transcript Restriction set for 1/9/2012., filed. (mahenry, ) (Entered: 10/09/2011)
10/11/2011 134 Notice of Filing of Official Transcript as to 133 Transcript. Party notified, filed. (jdav, ) (Entered: 10/11/2011)
10/12/2011 135 MOTION for Entry of Order re: Confirmation of Sale of Radio Station KTEK by Thomas L Taylor III, filed. Motion Docket Date 11/2/2011. (Attachments: # 1 Proposed Order)(Taylor, Thomas) (Entered: 10/12/2011)
10/13/2011 136 ORDER GRANTED 135 MOTION for Entry of Order re: Confirmation of Sale of Radio Station KTEK ( Confirmation Hearing set for 10/27/2011 at 03:00 PM at Courtroom 9F before Judge Nancy F. Atlas).(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 10/13/2011)
10/13/2011 137 Letter from John Dosier re: Withdrawer of objections, filed. (sashabranner, ) (Entered: 10/13/2011)
10/13/2011 138 TRANSCRIPT re: Miscellaneous Hearing (Partial Transcript -- Testimony of David Wallace and Ronald Ellisor only) held on October 3, 2011 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, Inc. Release of Transcript Restriction set for 1/11/2012., filed. (mahenry, ) (Entered: 10/13/2011)
10/14/2011 139 Notice of Filing of Official Transcript as to 138 Transcript,. Party notified, filed. (dhansen, ) (Entered: 10/14/2011)
10/14/2011 140 BRIEF Post-Hearing Brief by Thomas L Taylor III, filed.(Besen, Gene) (Entered: 10/14/2011)
10/17/2011 141 ORDER COMPELLING PRODUCTION OF DOCUMENTS FROM WALLACE BAJJALI ENTITIES.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 10/17/2011)
10/18/2011 142 RESPONSE to 124 Opposed MOTION Investors' Objection to Receiver's Motion for Order Approving Proposed Settlement and For Ancillary Orders, filed by Thomas L Taylor III. (Taylor, Thomas) (Entered: 10/18/2011)
10/24/2011 143 NOTICE OF HEARING re: 135 MOTION for Entry of Order re: Confirmation of Sale of Radio Station KTEK by Thomas L Taylor III, filed. (Taylor, Thomas) (Entered: 10/24/2011)
10/25/2011 144 DECLARATION of Thomas L. Taylor III re: 120 Order,,,,, filed.(Taylor, Thomas) (Entered: 10/25/2011)
10/26/2011 145 PROPOSED ORDER Confirming Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances and Other Interests and Related Relief, filed.(Taylor, Thomas) (Entered: 10/26/2011)
10/27/2011 146 ORDER GRANTED 113 MOTION for Approval of Proposed Settlement and for Ancillary Orders.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 10/27/2011)
10/27/2011 147 MOTION to Dismiss 105 Complaint Pursuant to Rule 9 by Barrington Financial Advisors, Inc., William C Heath, filed. Motion Docket Date 11/17/2011. (Attachments: # 1 Proposed Order)(Stanton, Peter) (Entered: 10/27/2011)
10/27/2011 148 MINUTE ENTRY ORDER: Final hearing on Confirmation of Sale of Radio Station and Assets held Appearances: Timothy Sean McCole, Andrew M Goforth. Ct Reporter: ERO..No objectors appeared.Signed Proposed Order Confirming Sale of Radio Station Assets Free and Clear of All Liens, Claims, Encumbrances and Other Interests and Related Relief [Doc. #145] to follow. The October 31, 2011 hearing is vacated. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 10/28/2011)
11/17/2011 149 MOTION for Approval of Second Interim Fee Application by Thomas L Taylor III, filed. Motion Docket Date 12/8/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3Exhibit 3, # 4 Fund Accounting Report, # 5 Proposed Order)(Taylor, Thomas) (Entered: 11/17/2011)
11/17/2011 150 First AMENDED Complaint against Barrington Financial Advisors, Inc., Daniel Frishberg, Elisea T Frishberg, William C Heath, Albert Fase Kaleta filed by Thomas L Taylor III.(Taylor, Thomas) (Entered: 11/17/2011)
11/30/2011 151 ORDER DENIED AS MOOT 147 MOTION to Dismiss 105 Complaint Pursuant to Rule 9.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 11/30/2011)
11/30/2011 152 MOTION for Aaron David Frishberg to Appear Pro Hac Vice by Daniel Frishberg, Elisea T Frishberg, filed. Motion Docket Date 12/21/2011. (jdav, ) (Entered: 12/01/2011)
11/30/2011 153 MOTION for Extension of Time to respond to the Amended Complaint by Daniel Frishberg, Elisea T Frishberg, filed. Motion Docket Date 12/21/2011. (jdav, ) (Entered: 12/01/2011)
12/01/2011 154 ORDER granting 153 Motion for Extension of Time; Answer due for Daniel Frishberg 12/11/2011; Elisea T Frishberg 12/11/2011.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 12/01/2011)
12/02/2011 155 ORDER granting 152 MOTION for Aaron David Frishberg to Appear Pro Hac Vice.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, ) (Entered: 12/02/2011)
12/02/2011 156 MEMORANDUM AND ORDER. ORDERED that Investors Objections seeking priority security interests in the proceeds of the sale of the BR Houston radio station assets are DENIED.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, ) (Entered: 12/02/2011)
12/07/2011 157 EXHIBITS re: 132 Brief by LaVonne Ellisor, Ronald Ellisor, filed. (Attachments: # 1Exhibit, # 2 Exhibit, # 3 Exhibit)(Fridge, Charles) (Entered: 12/07/2011)
12/13/2011 158 MOTION to Dismiss 150 Amended Complaint/Counterclaim/Crossclaim etc. by Barrington Financial Advisors, Inc., William C Heath, filed. Motion Docket Date 1/3/2012. (Attachments: # 1 Proposed Order Proposed Order on Motion to Dismiss)(Stanton, Peter) (Entered: 12/13/2011)
12/15/2011 159 ORDER granting 149 Motion for Approval.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 12/15/2011)
12/29/2011 160 Agreed MOTION for Extension of Time to Repond to Motion to Dismiss by Thomas L Taylor III, filed. Motion Docket Date 1/19/2012. (Attachments: # 1 Proposed Order)(Goforth, Andrew) (Entered: 12/29/2011)
12/30/2011 161 MOTION to Dismiss 150 Amended Complaint/Counterclaim/Crossclaim etc. by Daniel Frishberg, Elisea T Frishberg, filed. Motion Docket Date 1/20/2012. (Attachments: # 1 Appendix, # 2 Appendix)(Frishberg, Aaron) (Entered: 12/30/2011)
01/03/2012 162 ORDER granting 160 Motion for Extension of Time Responses due by 1/9/2012.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 01/03/2012)
01/09/2012 163 RESPONSE to 158 MOTION to Dismiss 150 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 150 Amended Complaint/Counterclaim/Crossclaim etc. filed by Thomas L Taylor III. (Taylor, Thomas) (Entered: 01/09/2012)
01/12/2012 164 ORDER.The Court needs further assistance from the Court-appointed Receiver Thomas L. Taylor, III, in connection with his Motion for Order Approving Proposed Settlement and for Ancillary Orders [Doc. # 113] (Motion). The Receiver seeks approval of a proposed settlement with David Wallace, Costa Bajjali, and related entities (Wallace Bajjali Parties). The Receiver offers to present in camera for the Courts inspection Affidavits of Financial Condition and related financial documentation of the Wallace Bajjali Parties. Id. 24. The issue of collectability of judgments against the Wallace Bajjali Parties is pertinent to the Courts assessment of whether to approve the proposed settlement. This proposal for in camera inspection is not opposed and has merit. The Receiver also requests an extension of the Courts September 23, 2011, deadline for addition of new parties. The Receiver seeks to add to this case third parties... in relation to the Wallace Bajjali Parties to facilitate consideration of the present Motion. Id. 39. The Receiver appears to seek to add the Wallace Bajjali Parties, but his intentions are unclear. The request to extend the new parties deadline or to add third parties is not opposed and will be granted. It is accordingly ORDERED that, on or before January 18, 2012, the Receiver shall deliver to the Court for in camera inspection copies of the Affidavits of Financial Condition and other financial documentation of the Wallace Bajjali Parties (each document to be separately numbered) with a letter containing a detailed index of the materials being submitted. A copy of the letter, but not the Affidavits or other financial materials, must be filed in the docket of this case. It is further ORDERED that the Receiver shall file a brief Supplement to the Motion identifying the parties he seeks to add to this case and whether they are to be Defendants, Relief-Defendants or some other. It is further ORDERED that the Receiver shall submit a proposed order granting the extension of the September 23, 2011 deadline and identifying the specific parties to be added.SIGNED at Houston, Texas, this 12th day of January, 2012. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 01/12/2012)
01/18/2012 165 MOTION to Supplement as to 113 MOTION for Approval of Proposed Settlement and for Ancillary Orders by Thomas L Taylor III, filed. Motion Docket Date 2/8/2012. (Attachments: # 1 Proposed Order)(Goforth, Andrew) (Entered: 01/18/2012)
01/19/2012 166 Index of Documents Delivered for In Camera Inspection by Thomas L Taylor III, filed.(Goforth, Andrew) (Entered: 01/19/2012)
01/19/2012 167 MOTION for Extension of Time Response to Motion to Dismiss by Thomas L Taylor III, filed. Motion Docket Date 2/9/2012. (Attachments: # 1 Proposed Order)(Goforth, Andrew) (Entered: 01/19/2012)
01/19/2012 168 ORDER granting 167 Motion for Extension of Time; Motion-related deadline set re:161 MOTION to Dismiss 150 Amended Complaint/Counterclaim/Crossclaim etc.. Responses due by 1/27/2012.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, ) (Entered: 01/20/2012)
01/27/2010 169 RESPONSE to 161 MOTION to Dismiss 150 Amended Complaint/Counterclaim/Crossclaim etc. filed by Thomas L Taylor III. (Taylor, Thomas) (Entered: 01/27/2012)
02/07/2012 170 MEMORANDUM AND ORDER the Receivers Motion for Order Approving Proposed Settlement and for Ancillary Orders [Doc. # 113] is GRANTED and the Objectors objections [Doc. # 124] are OVERRULED. It is further ORDERED that the Receivers request relief from the September 23, 2011deadline to add third parties is DENIED as MOOT.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 02/07/2012)
02/09/2012 171 Mail Returned Undeliverable as to ProTechnik Inc. re: 100 Order,,, filed. (thanniable, ) (Entered: 02/10/2012)
02/09/2012 172 Mail Returned Undeliverable as to ProTechnik Inc. re: 78 Notice of Resetting, filed. (thanniable, ) (Entered: 02/10/2012)
02/09/2012 173 Mail Returned Undeliverable as to ProTechnik Inc. re: 76 Order,, filed. (thanniable, ) (Entered: 02/10/2012)
02/09/2012 174 Mail Returned Undeliverable as to ProTechnik Inc. re: 94 Order on Motion for Extension of Time, filed. (thanniable, ) (Entered: 02/10/2012)
02/09/2012 175 Mail Returned Undeliverable as to ProTechnik Inc. re: 88 Order, filed. (thanniable, ) (Entered: 02/10/2012)
02/09/2012 176 Mail Returned Undeliverable as to ProTechnik Inc. re: 73 Final Judgment, filed. (thanniable, ) (Entered: 02/10/2012)
02/13/2012 177 Mail Returned Undeliverable as to ProTechnik Inc. re: 66 Order,, filed. (hler, ) (Entered: 02/14/2012)
03/05/2012 178 NOTICE of Appearance by Troy Tindal on behalf of Diane Collins, Ivan Curiel, LaVonne Ellisor, Ronald Ellisor, filed. (Tindal, Troy) (Entered: 03/05/2012)
03/06/2012 179 MOTION for Reconsideration of 170 Memorandum and Order, by Diane Collins, Ivan Curiel, LaVonne Ellisor, Ronald Ellisor, filed. Motion Docket Date 3/27/2012. (Attachments: # 1 Exhibit Declaration)(Tindal, Troy) (Entered: 03/06/2012)
03/13/2012 180 MEMORANDUM AND ORDER.the Barrington Motion [Doc. # 158] is DENIED. It isfurtherORDERED that the Frishberg Motion [Doc. # 161] is GRANTED in partand DENIED in part.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 03/13/2012)
03/16/2012 181 MOTION to Lift Stay by Joanne Cassidy, filed. Motion Docket Date 4/6/2012. (Attachments: # 1 Exhibit A)(Mahendru, Ashish) (Entered: 03/16/2012)
03/26/2012 182 RESPONSE to 179 MOTION for Reconsideration of 170 Memorandum and Order, filed by Thomas L Taylor III. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Taylor, Thomas) (Entered: 03/26/2012)
03/26/2012 183 MOTION for Leave to File Declaration of David G. Wallace by Wallace Bajjali Development Partners, L.P., filed. Motion Docket Date 4/16/2012. (Attachments: # 1Exhibit A to Motion for Leave to File Declaration of David G. Wallace, # 2 Proposed Order Granting Motion for Leave to File Declaration of David G. Wallace)(Hellinger, Susan) (Entered: 03/26/2012)
03/29/2012 184 ORDER granting 183 Motion for Leave to File.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 03/29/2012)
03/29/2012 185 DECLARATION of David G. Wallace, filed.(sashabranner, ) (Entered: 03/29/2012)
03/29/2012 186 ANSWER to 150 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Barrington Financial Advisors, Inc., William C Heath, filed.(Stanton, Peter) (Entered: 03/29/2012)
04/02/2012 187 ANSWER to 150 Amended Complaint/Counterclaim/Crossclaim etc. by Daniel Frishberg, Elisea T Frishberg, filed.(Frishberg, Aaron) (Entered: 04/02/2012)
04/02/2012 188 REPLY to Response to 179 MOTION for Reconsideration of 170 Memorandum and Order,, filed by Diane Collins, Ivan Curiel, LaVonne Ellisor, Ronald Ellisor. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Tindal, Troy) (Entered: 04/02/2012)
04/05/2012 189 DECLARATION of David G. Wallace re: 183 MOTION for Leave to File Declaration of David G. Wallace, filed.(Hellinger, Susan) (Entered: 04/05/2012)
04/05/2012 190 RESPONSE to 181 MOTION to Lift Stay filed by Thomas L Taylor III. (Taylor, Thomas) (Entered: 04/05/2012)
04/18/2012 191 REPLY to Response to 181 MOTION to Lift Stay, filed by Joanne Cassidy. (Attachments: # 1 Exhibit A)(Mahendru, Ashish) (Entered: 04/18/2012)
04/24/2012 192 ORDER The Court has received the Objectors Motion for Reconsideration of OrderApproving Settlement with the Wallace Bajjali Parties and Request for EvidentiaryHearing [Doc. # 179], the Receivers Response [Doc. # 182], and the Objectors Reply[Doc. # 188]. It is herebyORDERED that the Court will hold a conference (not an evidentiary hearing)on the Motion for Reconsideration on May 2, 2012 at 2:00 p.m. in Courtroom 9F ofthe U.S. Courthouse at 515 Rusk, Houston, Texas. Motion Hearing set for 5/2/2012 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 04/24/2012)
05/02/2012 196 MINUTE ENTRY ORDER: Motion hearing. held Appearances: Thomas Schmidt, Troy Tindal, Daniel Hedges, Susan Hellinger. Appearances: Timothy Sean McCole, Thomas L Taylor, III, Susan Kopecky Hellinger. Ct Reporter: ERO. The Objecting Investors motion for reconsideration remains pending.Parties to provide with supplemental information to opponents, additional information to be submitted the court at the next conference. Another conference is set for July 3, 2012 at 9:30 a.m. Proposed order to sever receivers complaint against Frishberg, Barrington and Heath to be submitted by Receiver to the Court.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, ) (Entered: 05/04/2012)
05/03/2012 193 AO 435 TRANSCRIPT ORDER FORM by C Thomas Schmidt. This is to order a transcript of Testimony & Pretrial Conference proceedings held on 5/2/12 before Judge Nancy F. Atlas (Original), filed. (smurdock, ) Electronically forwarded to Judicial Transcribers of Texas on 5/4/2012 (emathis, ). (Entered: 05/03/2012)
05/04/2012 194 AO 435 TRANSCRIPT ORDER FORM by Susan K. Hellinger. This is to order a transcript of Conference on Motion to Reconsider held on 5/2/2012 before Judge Nancy F. Atlas (copy). Deposit amount $300.00. Court Reporter/Transcriber: Judicial Transcribers of Texas filed. (thanniable, ) Copy order electronically forwarded to Judicial Transcribers on 5/4/2012 (emathis, ). (Entered: 05/03/2012)
05/04/2012 195 AO 435 TRANSCRIPT ORDER FORM by Schmidt Law Firm, PLLC. This is to order a transcript of Testimony of Costa Bajjali; Pre-Trial Conference held on 5/2/2012 before Judge Nancy F. Atlas (Original), filed. (mlothmann) This transcript order is a duplicate of docket entry 193 . Modified on 5/4/2012 (emathis, ). (Entered: 05/04/2012)
05/06/2012 197 RESPONSE to 179 MOTION for Reconsideration of 170 Memorandum and Order, filed by Daniel Frishberg. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4Exhibit, # 5 Exhibit)(Frishberg, Aaron) (Entered: 05/06/2012)
05/08/2012 198 Unopposed MOTION to Sever Receiver's Ancillary Action by Thomas L Taylor III, filed. Motion Docket Date 5/29/2012. (Attachments: # 1 Proposed Order)(Taylor, Thomas) (Entered: 05/08/2012)
5/10/2012 199 ORDER SEVERING ANCILLARY ACTION granting 198 Unopposed MOTION to Sever Receiver's Ancillary Action. Party Elisea T Frishberg, William C Heath, Barrington Financial Advisors, Inc. and Daniel Frishberg terminated.(Signed by Judge Nancy F. Atlas) Parties notified.(arrivera, ) (Entered: 05/14/2012)
05/17/2012 200 TRANSCRIPT re: #192 - Motion Hearing held on May 2, 2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Release of Transcript Restriction set for 8/15/2012., filed. (mahenry, ) (Entered: 05/17/2012)
05/18/2012 201 Notice of Filing of Official Transcript as to 200 Transcript. Party notified, filed. (kcraig, ) (Entered: 05/18/2012)
05/21/2012 202 Sealed Event, filed. (Entered: 05/21/2012)
06/19/2012 203 Agreed MOTION to Reset Conference on Objecting Investors' Motion to Reconsider Wallace Bajjali Settlement by Diane Collins, Ivan Curiel, LaVonne Ellisor, Ronald Ellisor, filed. Motion Docket Date 7/10/2012. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Tindal, Troy) (Entered: 06/19/2012)
06/22/2012 204 ORDER GRANTED 203 Agreed MOTION to Reset Conference on Objecting Investors' Motion to Reconsider Wallace Bajjali Settlement ( Pretrial Conference set for 8/1/2012 at 09:30 AM in Courtroom 9F before Judge Nancy F. Atlas)(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/22/2012)
07/03/2012 205 MEMORANDUM AND ORDER DENIED 181 MOTION to Lift Stay ( Status Report due by 8/30/2012)the Receiver must report the status of his claim for theDFFS Policy proceeds by August 30, 2012 and file a status report every fourmonths thereafter(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 07/03/2012)
07/09/2012 206 Sealed Event, filed. (With attachments) (Entered: 07/09/2012)
07/10/2012 207 NOTICE of Third Interim Fee Application to Pay Fees Incurred by the Receiver and Other Professionals by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Supplement SFAR, # 6 Proposed Order)(Taylor, Thomas) (Entered: 07/10/2012)
07/30/2012 208 NOTICE Non-Parties Wallace Bajjali Development Partners, L.P., David Wallace, and Costa Bajjali's Update of Status of Joplin Project by Wallace Bajjali Development Partners, L.P., filed. (Attachments: # 1 Exhibit A)(Hellinger, Susan) (Entered: 07/30/2012)
08/01/2012 209 MINUTE ENTRY ORDER: Pretrial conference held Motion for Reconsideration of Memorandum and Order [Doc. #179] is DENIED in accordance with the record in open court.Notice of Third Interim Fee Application to Pay Fees Incurred by the Receiver and Other Professionals [Doc. #207] is GRANTED in accordance with the record in open court. Written order to follow. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/07/2012)
08/01/2012 210 ORDER APPROVING SETTLEMENT AND ENTERING FINAL BAR ORDER AND INJUNCTION (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/07/2012)
08/01/2012 211 ORDER GRANTING THIRD INTERIM APPLICATION TO PAY FEES INCURRED BY THE RECEIVER AND OTHER PROFESSIONALS (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 08/07/2012)
08/09/2012 212 NOTICE of Entry of Orders in the United States Bankruptcy Court, Southern District of Texas by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit A, # 2Exhibit B)(Taylor, Thomas) (Entered: 08/09/2012)
08/29/2012 213 STATUS REPORT by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 08/29/2012)
08/31/2012 214 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 170Memorandum and Order, by LaVonne Ellisor, Ronald Ellisor (Filing fee $ 455), filed.(gkelner, ) (Entered: 09/04/2012)
08/31/2012   Appeal Filing fee: $455.00 re: 214 Notice of Appeal, receipt number HOU028418, filed. (bdaniel, ) (Entered: 09/06/2012)
09/05/2012 215 Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant. Fee status: Not Paid. The following Notice of Appeal and related motions are pending in the District Court: 214 Notice of Appeal, filed. (Attachments: # 1 NOA, # 2 Memorandum, # 3 Docket sheet, # 4 DKT13 form)(smurdock, ) (Entered: 09/05/2012)
09/06/2012 216 CLERKS NOTICE on Mandatory Electronic Filing re: 214 Notice of Appeal. Party notified, filed. (smurdock, ) (Entered: 09/06/2012)
09/17/2012   Notice of Assignment of USCA No. 12-20633 re: 214 Notice of Appeal, filed.(hler, ) (Entered: 09/17/2012)
09/18/2012 217 DKT-13 TRANSCRIPT ORDER FORM by C. Thomas Schmidt. This is to order a transcript of the Conference held on 08/01/2012 before Judge Nancy F. Atlas. This order form relates to the following:214 Notice of Appeal, filed.(bdaniel, ). Ordinary Order forwarded to Judicial Transcribers of Texas on 9/20/2012. Modified on 9/20/2012 (pcrawford, ). (Entered: 09/18/2012)
10/29/2012 218 APPEAL TRANSCRIPT re Pretrial Conference held on August 1, 2012 before Judge Nancy F. Atlas. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. This transcript relates to the following: 217 Transcript Order Form - DKT-13, 214 Notice of Appeal. Release of Transcript Restriction set for 1/27/2013., filed. (mahenry, ) (Entered: 10/29/2012)
10/29/2012 219 AO 435 TRANSCRIPT ORDER FORM by Amy C. Falcon. This is to order a transcript of Pretrial Conference held on 8/1/2012 before Judge Nancy F. Atlas (Copy Order). Transcriber: Judicial Transcribers of Texas, filed. (amwilliams). Ordinary Copy Order forwarded electronically to Judicial Transcribers of Texas on 10/30/2012. Modified on 10/31/2012 (pcrawford, ). (Entered: 10/29/2012)
10/30/2012

 

220 Notice of Filing of Official Transcript as to 218 Transcript - Appeal,. Party notified, filed. (klinds, ) (Entered: 10/30/2012)
11/16/2012   Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 214Notice of Appeal USCA No. 12-20633, filed.(blacy, ) (Entered: 11/16/2012)
11/20/2012 221 Sealed Event, filed. (Entered: 11/20/2012)
11/20/2012 222 Sealed Event, filed. (Entered: 11/20/2012)
11/21/2012 223 Sealed Order GRANTING Sealed Motion [Doc. #221], filed. (Entered: 11/21/2012)
11/21/2012 224 REDACTED APPEAL TRANSCRIPT re Pretrial Conference held on August 1, 2012 before Judge Nancy F. Atlas. Transcriber: Judicial Transcribers of Texas,LLC. This transcript relates to the following: 217 Transcipt Order Form - DKT-13, 214 Notice of Appeal. This is a Redaction of 218 Transcript - Appeal, partially sealed by order of Judge Nancy F. Atlas 223 on 11/21/2012/, filed. (mahenry, ) Modified on 11/23/2012 (pcrawford, ). (Entered: 11/21/2012)
11/27/2012 225 REQUEST for Electronic Copy of Certified Record on Appeal re: 214 Notice of Appeal by LaVonne Ellisor, Ronald Ellisor, filed.(Tindal, Troy) (Entered: 11/27/2012)
12/05/2012   Certified electronic record on appeal forwarded to Inake for pick up per request at entry 225 for Troy Tindall re: 214 Notice of Appeal. (USCA No. 12-20633), filed.(jdav, ) (Entered: 12/05/2012)
12/27/2012 226 STATUS REPORT by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 12/27/2012)
01/16/2013 227 REQUEST for Electronic Copy of Certified Record on Appeal re: 214 Notice of Appeal by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 01/16/2013)
01/16.2013 228 NOTICE of Withdrawal re: 227 Request for Record by Thomas L Taylor III, filed. (Goforth, Andrew) (Entered: 01/16/2013)
02/04/2013 229 Unopposed MOTION for Schmidt to Withdraw as Attorney by Diane Collins, Ivan Curiel, filed. Motion Docket Date 2/25/2013. (Attachments: # 1 Exhibit Client Consents, # 2 Proposed Order Proposed Order)(Tindal, Troy) (Entered: 02/04/2013)
02/05/2013 230 MOTION to Consolidate Lead Case No. 4:09-cv-03674 and Member Case No. 4:12-cv-02401 by Thomas L Taylor III, filed. Motion Docket Date 2/26/2013. (Attachments: # 1 Proposed Order)(Goforth, Andrew) (Entered: 02/05/2013)
02/06/2013 231 ORDER TO CONSOLIDATE CASES: Lead Case No. Consolidated with 4:09cv3674 and Member Case No. Consolidated with 4:12cv2401; GRANTED 230MOTION to Consolidate Lead Case No. 4:09-cv-03674 and Member Case No. 4:12-cv-02401 (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 02/06/2013)
02/06/2013 232 ORDER Responses to Motion to Withdraw due by 2/20/2013. Status Report due by 2/25/2013(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Main Document 232 replaced on 2/6/2013) (sashabranner, ). Modified on 2/6/2013 (sashabranner, ). (Entered: 02/06/2013)
02/15/2013 233 Letter from Diane Collings re: pro se status, filed. (mlothmann, ) (Entered: 02/19/2013)
02/21/2013

 

234 MOTION for Approval of Settlement re: Certain Insurance Proceeds by Thomas L Taylor III, filed. Motion Docket Date 3/14/2013. (Attachments: # 1 Exhibit 1 (Settlement Agreement), # 2 Exhibit A to Agreement (Notice), # 3 Exhibit B to Agreement (Proposed Order), # 4 Exhibit C to Agreement (Notice List), # 5 Exhibit 2 (Insurance Policy), # 6 Exhibit 3 (Claims Letter))(Taylor, Thomas) (Entered: 02/21/2013)
02/21/2013 235 MOTION for Approval of Settlement with Albert F. Kaleta by Thomas L Taylor III, filed. Motion Docket Date 3/14/2013. (Attachments: # 1 Exhibit 1 - Settlement Agreement, # 2 Exhibit A to Agreement (Agreed Judgment))(Goforth, Andrew) (Entered: 02/21/2013)
02/25/2013 236 STATUS REPORT by Securities & Exchange Commission, filed.(McCole, Timothy) (Entered: 02/25/2013)
02/25/2013 237 STATUS REPORT by Thomas L Taylor III, filed.(Goforth, Andrew) (Entered: 02/25/2013)
03/13/2013 238 RESPONSE in Opposition to 234 MOTION for Approval of Settlement re: Certain Insurance Proceeds, filed by Daniel Frishberg, Elisea T Frishberg. (Frishberg, Aaron) (Entered: 03/13/2013)
03/29/2013 239 RESPONSE to 238 Response in Opposition to Motion to Approve Settlement re: Certain Insurance Proceeds, filed by Thomas L Taylor III. (Goforth, Andrew) (Entered: 03/29/2013)
04/22/2013   Record in processing for transmittal re: 214 Notice of Appeal. (USCA No. 12-20633), filed.(blacy, ) (Entered: 04/22/2013)
04/24/2013 240 Transmittal Letter on Appeal Certified re: 214 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 20 volumes. (USCA No. 12-20633), filed.(blacy, ) (Entered: 04/24/2013)
05/22/2013 241 MOTION for Approval of SETTLEMENT WITH BARRINGTON FINANCIAL ADVISORS, INC. AND WILLIAM C. HEATH by Thomas L Taylor III, filed. Motion Docket Date 6/12/2013. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Goforth, Andrew) (Entered: 05/22/2013)
05/29/2013 242 NOTICE of Fourth Interim Fee Application by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Fund Accounting Report, # 4 Proposed Order)(Taylor, Thomas) (Entered: 05/29/2013)
05/31/2013 243 MEMORANDUM AND ORDER. The Court concludes that the Settlement between the Receiver and the Insurance Company is fair, just, and equitable, and overrules the Frishbergs Objections. The Court also approves the Receivers proposed distribution of Settlement proceeds. The Court further concludes that the Settlement between the Receiver and Albert F. Kaleta is fair, just, and equitable. Both Settlements are in the best interest of the Receivership estate and the claimants for distribution of the Estates assets Granting 235 MOTION for Approval of Settlement with Albert F. Kaleta, 234MOTION for Approval of Settlement re: Certain Insurance Proceeds (Signed by Judge Nancy F. Atlas) Parties notified.(gkelner, ) (Entered: 05/31/2013)
06/11/2013 244 ORDER (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 06/11/2013)
06/12/2013 245 OBJECTIONS to 241 MOTION for Approval of SETTLEMENT WITH BARRINGTON FINANCIAL ADVISORS, INC. AND WILLIAM C. HEATH , filed by LaVonne Ellisor, Ronald Ellisor. (Tindal, Troy) (Entered: 06/12/2013)
06/28/2013 246 RESPONSE to 241 MOTION for Approval of SETTLEMENT WITH BARRINGTON FINANCIAL ADVISORS, INC. AND WILLIAM C. HEATH filed by Thomas L Taylor III. (Besen, Gene) (Entered: 06/28/2013)
07/01/2013 247 ORDER GRANTED 242 Notice (Other) (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 07/01/2013)
07/23/2013 248 MEMORANDUM AND ORDER GRANTED 241 MOTION for Approval of SETTLEMENT WITH BARRINGTON FINANCIAL ADVISORS, INC. AND WILLIAM C. HEATH (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, ) (Entered: 07/23/2013)
08/20/2013 249 Order of USCA; judgment issued as mandate 8/13/13 re: 214 Notice of Appeal; USCA No. 12-20633 AFFIRMING judgment of the District Court, filed. (Attachments: #(1) Judgment, #(2) Per Curiam) (rnieto) (Entered: 08/21/2013)
08/20/2013 250 Copy of Bill of Costs by USCA in the amount of $43.26 against appellant (USCA No. 12-20633), filed. (rnieto) (Entered: 08/21/2013)
10/07/2013 251 ORDER It is hereby ORDERED that the Court-appointed received, Thomas L. Taylor, III (the Receiver) provide the Court by October 21, 2013, a status report for the above-captioned case, including without limitation the status of this primary case and the status of every other pending litigation filed by or against the Receiver. It is furtherORDERED that the Receiver address in his report whether, in his opinion, the Court may administratively close the above-captioned case until the Courts intervention is again needed. (An administrative closure is not a dismissal of the action.) Status Report due by 10/21/2013(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 10/07/2013)
10/21/2013 252 MOTION to Modify Court-Approved Settlement as to 170 Memorandum and Order, by Thomas L Taylor III, filed. Motion Docket Date 11/12/2013. (Attachments: # 1Exhibit Exhibits A - U)(Goforth, Andrew) (Entered: 10/21/2013)
10/21/2013 253 STATUS REPORT by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 10/21/2013)
10/21/2013 254 NOTICE of Filing Declaration of David G. Wallace re: 252 MOTION to Modify Court-Approved Settlement as to 170 Memorandum and Order, by Wallace Bajjali Development Partners, L.P., filed. (Attachments: # 1 Affidavit Declaration of David G. Wallace, # 2 Exhibit 1, # 3 Exhibit 2)(Hellinger, Susan) (Entered: 10/21/2013)
10/22/2013 255 PROPOSED ORDER Granting Receiver's Motion to Modify Settlement re: 252MOTION to Modify Court-Approved Settlement as to 170 Memorandum and Order,, filed.(Goforth, Andrew) (Entered: 10/22/2013)
10/22/2013 256 NOTICE of Distribution of Settlement Proceeds to Insurance Policy Claimantsby Thomas L Taylor III, filed. (Taylor, Thomas) (Entered: 10/22/2013)
10/24/2013 257 NOTICE of Filing the Corrected Declaration of David G. Wallace re: 252MOTION to Modify Court-Approved Settlement as to 170 Memorandum and Order, by Wallace Bajjali Development Partners, L.P., filed. (Attachments: # 1 Affidavit Corrected Declaration of David G. Wallace, # 2 Exhibit 1 to Corrected Declaration of David G. Wallace, # 3 Exhibit 2 to Corrected Declaration of David G. Wallace)(Hellinger, Susan) (Entered: 10/24/2013)
11/15/2013 258 ORDER Setting Hearing on Motion Hearing set for 12/2/2013 at 03:00 PM in by telephone before Judge Nancy F. Atlas(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 11/15/2013)
11/15/2013 259 ORDER granting 252 Motion to Modify.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 11/15/2013)
12/02/2013 261 MINUTE ENTRY ORDER: Status conference held Appearances: Aaron Frishberg, Andrew M Goforth, Thomas L Taylor, III, Gene R Besen. Ct Reporter: ERO. Parties to file Motion for Payment of Fees as soon as possible, but not later then December31, 2013. Parties agree case may be administratively closed after the fee motions are decided,until a party needs action by the Court.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 12/03/2013)
12/13/2013 260 NOTICE of Fifth Interim Fee Application by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Supplement SFAR, # 5 Proposed Order)(Taylor, Thomas) (Entered: 12/03/2013)
01/03/2014 262 ORDER GRANTING 260 FIFTH INTERIM APPLICATION TO PAY FEES INCURRED BY THE RECEIVER AND OTHER PROFESSIONALS. (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 01/03/2014)
01/03/2014 263 ORDER STAYING CASE. Case terminated on 1/3/2014(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 01/03/2014)
04/30/2014 264 MOTION for Approval of Settlement by Thomas L Taylor III, filed. Motion Docket Date 5/21/2014. (Attachments: # 1 Exhibit One)(Rumsey, Kathryn) (Entered: 04/30/2014)
06/16/2014 265 MEMORANDUM AND ORDER GRANTED 264 MOTION for Approval of Settlement (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 06/16/2014)
06/16/2014 266 AGREED FINAL JUDGMENT (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 06/16/2014)
06/16/2014 267 ORDER Status Report due by 7/16/2014(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 06/16/2014)
07/16/2014 268 AGREED FINAL AND NON-DISCHARGEABLE JUDGMENT AS TO DEFENDANT ALBERT FASE KALETA(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 07/16/2014)
07/16/2014 269 STATUS REPORT by Thomas L Taylor III, filed.(Taylor, Thomas) (Entered: 07/16/2014)
01/28/2015 270 Letter from Diane Collings re: Status Report, filed. (sashabranner, 4) (Entered: 01/28/2015)
01/29/2015 271 ORDER ORDER The Court has received a letter from Diane Collings [Doc. # 270]. It is herebyORDERED that the Court-appointed receiver, Thomas L. Taylor, III (the Receiver) provide the Court by February 13, 2015, a status report on the above captioned case, including without limitation what issues remain in this case, the status of any other pending litigation filed by or against the Receiver, and whether final judgment in this case may be entered. It is further ORDERED that any party that disagrees with the Receivers status report must file a separate status report with the Court explaining their objections by February20, 2015. Responses due by 2/20/2015. Status Report due by 2/13/2015(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 01/29/2015)
02/13/2015 272 STATUS REPORT by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Goforth, Andrew) (Entered: 02/13/2015)
02/20/2015   ORDER ( Status Conference set for 3/24/2015 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas), ORDER REOPENING CASE. Case reopened on 2/20/2015(Signed by Judge Nancy F. Atlas) Parties notified. sashabranner, 4)
02/202015 273 ORDER counsel for all parties in the above-captioned cases shall appear before the Court for a status conference on March 24, 2015, at 2:00 p.m. in Courtroom 9-F of the U.S. Courthouse, located at 515 Rusk Street, Houston, Texas. The Court will address the Receivers request to reopen Cause No. H-09-3674 at this status conference. It is further ORDERED that the parties in Cause No. H-15-0272 are required to meet prior to this status conference as required by Rule 26(f) of the Federal Rules of Civil Procedure. The parties joint discovery/case management plan in Cause No. H-15-0272 is due March 20, 2015. Status Conference set for 3/24/2015 at 02:00 PM in Courtroom 9F before Judge Nancy F. Atlas (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
03/12/2015 274 STATUS REPORT by Thomas L Taylor III, filed. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Goforth, Andrew)
03/23/2015 275 RESPONSE to [274] Status Report re: State Court Litigation, filed by LaVonne Ellisor, Ronald Ellisor. (Attachments: # (1) Exhibit State Court Petition, # (2) Exhibit Bar Order)(Schmidt, Charles)
03/24/2015 276 Minute Entry for proceedings held before Judge Nancy F. Atlas. STATUS CONFERENCE held on 3/24/2015. Parties briefing on the legal implication of a state court writ of attachment is due by closeof business on Thursday, March 26, 2015, responses due March 28, 2015. Mr. Schmidtsclients reply, if any, to Receiver Taylors new proposals due by March 31, 2015. Pretrial Conference set for 4/2/2015 at 10:00 AM in Courtroom 9F before Judge Nancy F. Atlas. Appearances:David Talbit. Charles Thomas Schmidt, Timothy Sean McCole, Thomas L Taylor, III.(ERO:Yes), filed. (wbostic, 4) (Entered: 03/25/2015)
03/26/2015 277 BRIEF re: State Court Litigation by LaVonne Ellisor, Ronald Ellisor, filed.(Schmidt, Charles) (Entered: 03/26/2015)
03/26/2015 278 BRIEF re: State Court Attachment and Receiver by Thomas L Taylor III, filed. (Attachments: # 1 Exhibit A)(Goforth, Andrew) (Entered: 03/26/2015)
03/28/2015 279 BRIEF regarding Automatic Stay Effect on Default Judgments by Thomas L Taylor III, filed.(Goforth, Andrew) (Entered: 03/28/2015)
03/28/2015 280 RESPONSE to 277 Brief regarding Application for Writ of Attachment, filed by Thomas L Taylor III. (Goforth, Andrew) (Entered: 03/28/2015)
03/31/2015 281 RESPONSE to [280] Response to Brief re State Court Litigation, filed by LaVonne Ellisor, Ronald Ellisor. (Schmidt, Charles)
04/02/2015 282 MINUTE ENTRY ORDER: Status held Appearances: David Talbot, Costa Bajjali (pro se). Appearances: Charles Thomas Schmidt, Andrew M Goforth, Thomas L Taylor, III. Ct Reporter: ERO. The Motion for Default Judgment against Laffer Frishberg Wallace Economic OpportunityFund, L.P., West Housto WB Realty Fund, L.P. [Doc. # 15] in companion case 15cv0272will be GRANTED in accordance with the record in open court. A written proposed orderto be provided to the Court promptly(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
04/27/2015 283 NOTICE of Sixth Interim Fee Application by Thomas L Taylor III, filed. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Supplement SFAR, # (5) Proposed Order)(Taylor, Thomas)
05/20/2015 284 ORDER GRANTING SIXTH INTERIM APPLICATIONTO PAY FEES INCURRED BY THE RECEIVER AND OTHER PROFESSIONALS (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
08/28/2015 285 Letter from Diane Collings re: Change of Address. Address corrected on docket sheet., filed. (sashabranner, 4) (Entered: 08/28/2015)
08/31/2015 286 MOTION to Modify Bar Order as to 210 Order by Ronald Ellisor, filed. Motion Docket Date 9/21/2015. (Attachments: # 1 Exhibit Noteholder Group, # 2 Exhibit Bankruptcy Schedules, # 3Proposed Order)(Schmidt, Charles) (Entered: 08/31/2015)
09/02/2015 287 ORDER Setting Hearing on Motion 286 MOTION to Modify Bar Order as to 210 Order : Motion Hearing set for 9/24/2015 at 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 09/02/2015)
09/03/2015 288 ORDER ; Motion-related deadline set re: 286 MOTION to Modify Bar Order as to 210 Order Responses due by 9/17/2015.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4) (Entered: 09/03/2015)
09/17/2015 289 RESPONSE in Opposition to 286 MOTION to Modify Bar Order as to 210 Order, filed by David Wallace. (Kitchens, Wayne) (Entered: 09/17/2015)
09/17/2015 290 RESPONSE in Opposition to 286 MOTION to Modify Bar Order as to 210 Order, filed by Thomas L Taylor III. (Goforth, Andrew) (Entered: 09/17/2015)
09/24/2015 291 REPLY in Support of [286] MOTION to Modify Bar Order as to [210] Order, filed by Ronald Ellisor. (Attachments: # (1) Exhibit Exhibit A)(Schmidt, Charles)
09/24/2015 292 REPLY in Support of [286] MOTION to Modify Bar Order as to [210] Order, filed by Ronald Ellisor. (Attachments: # (1) Exhibit Exhibit A)(Schmidt, Charles)
09/25/2015 293 MINUTE ENTRY ORDER: Motion hearing held Ct Reporter: ERO. Oral argument heard.(Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
09/29/2015 294 MEMORANDUM AND ORDER DENIED [286] MOTION to Modify Bar Order as to [210] Order (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)
11/30/2015 295 NOTICE of Seventh Interim Application to Pay Fees by Thomas L Taylor III, filed. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Proposed Order)(Goforth, Andrew)
12/11/2015 296 Letter from John Dosier re: Non-compliance of settlment agreement, filed. (sashabranner, 4) (Entered: 12/11/2015)
12/15/2015 297 RESPONSE to 296 Letter , filed by Daniel Frishberg. (Frishberg, Aaron) (Entered: 12/15/2015)
01/07/2016 298 ORDER GRANTED [295] Notice (Other) (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)