You are on page 1of 249

Case 8:19-bk-10822-CB Doc 1 Filed 03/07/19 Entered 03/07/19 20:28:51 Desc

Main Document Page 1 of 4


Case 8:19-bk-10822-CB Doc 1 Filed 03/07/19 Entered 03/07/19 20:28:51 Desc
Main Document Page 2 of 4
Case 8:19-bk-10822-CB Doc 1 Filed 03/07/19 Entered 03/07/19 20:28:51 Desc
Main Document Page 3 of 4
Case 8:19-bk-10822-CB Doc 1 Filed 03/07/19 Entered 03/07/19 20:28:51 Desc
Main Document Page 4 of 4
Case 8:19-bk-10822-CB Doc 1-1 Filed 03/07/19 Entered 03/07/19 20:28:51 Desc
List of 20 Largest Creditors Page 1 of 2
Case 8:19-bk-10822-CB Doc 1-1 Filed 03/07/19 Entered 03/07/19 20:28:51 Desc
List of 20 Largest Creditors Page 2 of 2
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 1 of 13

Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & FOR COURT USE ONLY
Email Address

James C. Bastian, Jr. - Bar No. 175415


Melissa Davis Lowe – Bar No. 245521
SHULMAN HODGES & BASTIAN LLP
100 Spectrum Center Drive, Suite 600
Irvine, California 92618
Telephone: (949) 340-3400
Facsimile: (949) 340-3000
Email: JBastian@shbllp.com
MLowe@shbllp.com

Individual appearing without attorney


Attorney for: Michael J. Avenatti

UNITED STATES BANKRUPTCY COURT


CENTRAL DISTRICT OF CALIFORNIA - SANTA ANA DIVISION DIVISION

In re: CASE NO.: 8:19-bk-10822-CB

THE TRIAL GROUP LLP; dba TRIAL GROUP; dba TRG CHAPTER: 11
LLP; dba EAGAN O’MALLEY & AVENATTI LLP; dba
EAGAN AVENATTI LLP, NOTICE OF MOTION FOR:
MICHAEL J. AVENATTI’S MOTION TO STAY
CONTEMPT PROCEEDINGS PENDING RESOLUTION
OF RELATED CRIMINAL ACTION

(Specify name of Motion)

DATE: 05/08/2019
TIME: 10:00 am
COURTROOM: 5D
PLACE: 411 W Fourth Street
Santa Ana, CA 92701
Debtor(s).

United States Trustee and All Other Parties in Interest and respective counsel
1. TO (specify name): _____________________________________________________________________________

2. NOTICE IS HEREBY GIVEN that on the following date and time and in the indicated courtroom, Movant in the above-
captioned matter will move this court for an Order granting the relief sought as set forth in the Motion and
accompanying supporting documents served and filed herewith. Said Motion is based upon the grounds set forth in
the attached Motion and accompanying documents.

3. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you
have one. (If you do not have an attorney, you may wish to consult one.)

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 Page 1 F 9013-1.1.+($5,1*NOTICE


Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 2 of 13

4. Deadline for Opposition Papers: This Motion is being heard on regular notice pursuant to LBR 9013-1. If you wish
to oppose this Motion, you must file a written response with the court and serve a copy of it upon the Movant or
Movant’s attorney at the address set forth above no less than fourteen (14) days prior to the above hearing date. If
you fail to file a written response to this Motion within such time period, the court may treat such failure as a waiver of
your right to oppose the Motion and may grant the requested relief.

5. Hearing Date Obtained Pursuant to Judge’s Self-Calendaring Procedure: The undersigned hereby verifies that
the above hearing date and time were available for this type of Motion according to the judge’s self-calendaring
procedures.

Date: 04/17/2019 SHULMAN HODGES & BASTIAN LLP


Printed name of law firm

/s/ Melissa Davis Lowe


Signature

Melissa Davis Lowe


Printed name of attorney

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 Page 2 )+($5,1*127,&(


Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 3 of 13

1 James C. Bastian, Jr. - Bar No. 175415


Melissa Davis Lowe - Bar No. 245521
2 SHULMAN HODGES & BASTIAN LLP
100 Spectrum Center Drive, Suite 600
3 Irvine, California 92618
Telephone: (949) 340-3400
4 Facsimile: (949) 340-3000
Email: JBastian@shbllp.com
5 MLowe@shbllp.com

6 Attorneys for Michael J. Avenatti

7 UNITED STATES BANKRUPTCY COURT

8 CENTRAL DISTRICT OF CALIFORNIA, SANTA ANA DIVISION

10 In re Case No. 8:19-bk-10822-CB

11 THE TRIAL GROUP LLP; dba TRIAL Chapter 11


GROUP; dba TRG LLP; dba EAGAN
12 O’MALLEY & AVENATTI LLP; dba MICHAEL J. AVENATTI’S MOTION TO
EAGAN AVENATTI LLP, STAY CONTEMPT PROCEEDINGS
13 PENDING RESOLUTION OF RELATED
Debtor. CRIMINAL ACTION; MEMORANDUM
14 OF POINTS AND AUTHORITIES IN
SUPPORT THEREOF
15
[Request for Judicial Notice filed
16 concurrently herewith]

17 Hearing:
Date: May 8, 2019
18 Time: 10:00 a.m.
Place: Courtroom 5D
19 411 W. Fourth Street
Santa Ana, CA 92701
20

21 TO THE HONORABLE CATHERINE E. BAUER, UNITED STATES

22 BANKRUPTCY JUDGE, AND ALL OTHER INTERESTED PARTIES:

23 Michael J. Avenatti (“Avenatti”) hereby submits his Motion to Stay Contempt Proceedings

24 Pending Resolution of Related Criminal Action (“Motion”) as follows.

25 I. SUMMARY OF ARGUMENT

26 The personal and legal landscape for Avenatti has materially changed since he was last

27 before this Court – changes which necessitate the immediate stay of the instant contempt proceeding.

28 Most recently, on April 10, 2019, a federal grand jury in the Central District of California returned
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 1
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 4 of 13

1 an indictment against him on claims including tax fraud and bankruptcy fraud in Case No. SACR19-

2 00061 (“Indictment”). Due to the Indictment and the serious impact of the allegations contained

3 therein, Avenatti is faced with the untenable position of defending the criminal proceedings while

4 at the same time defending this Court’s Order to Show Cause re Sanctions For Filing Case in

5 Violation of the Joint Stipulation re Order Appointing Receiver and Issuing Restraining Order

6 (“OSC”). Given the ongoing criminal investigation and the recent Indictment, Avenatti must assert

7 his Fifth Amendment right not to incriminate himself. As a direct result of Avenatti exercising his

8 fundamental constitutional right against self-incrimination, Avenatti cannot adequately defend

9 himself in this Court’s pending OSC, let alone develop any evidence that may exonerate him in this

10 case.

11 If the instant contempt proceeding is permitted to proceed concurrently with the criminal

12 investigation, Avenatti will be forced into the unfair and inequitable position of choosing between

13 asserting his Fifth Amendment constitutional right against self-incrimination, which would impair

14 his ability to defend himself in the OSC, on the one hand, and waiving his constitutional rights,

15 which would damage his ability to defend himself in the criminal case. In either event, Avenattii is

16 unduly and unnecessarily prejudiced.

17 Moreover, a stay of the OSC would result in the most efficient use of judicial resources, as

18 this Court’s resources utilized during a stay would be nominal. Allowing the criminal case to

19 proceed while the OSC is stayed appears to be the best way to ensure this Court’s time and resources

20 are not wasted.

21 In the interest of affording Avenatti the opportunity for a fair trial in both the OSC and the

22 criminal proceedings and to ensure the best and most efficient use of judicial resources, Avenatti

23 respectfully requests that this Court stay the OSC pending resolution of the criminal case.

24

25

26

27

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 2
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 5 of 13

1 II. RELEVANT FACTUAL BACKGROUND

2 A. Prior Bankruptcy Proceeding

3 On March 1, 2017, an involuntary Chapter 11 bankruptcy petition commenced against Eagan

4 Avenatti LLP (the “Firm”) in the Middle District of Florida was transferred to the Central District

5 of California, Santa Ana Division, commencing Case No. 8:17-bk-11961-CB (“Involuntary Case”). 1

6 On March 15, 2018, this Court entered an Order Granting Motion Approving Settlement and

7 Dismissing Case and Related Relief (“Dismissal Order”) in the Involuntary Case.

8 The Dismissal Order approved a settlement reached between the Firm and Jason Frank Law,

9 PLC (the “Judgment Creditor”) which provided terms for a restructure and payment of the Firm’s

10 creditors over time, and dismissed the case. Essentially, the Firm planned to restructure its debts

11 similar to a plan in a Chapter 11 setting, but outside of Bankruptcy Court.

12 The Firm began making payments under the settlement which was approved by the

13 Dismissal Order but ultimately, was unable to fully comply with the payment terms.

14 B. Receivership Proceedings

15 On September 4, 2018, the Judgment Creditor registered a judgment entered against the Firm

16 with the District Court for the Central District of California, commencing Case No. 8:18-CV-01644-

17 VAP-KES (“District Court Case”). 2

18 On February 12, 2019, Judgment Creditor filed a motion to appoint a receiver over the Firm

19 in the District Court Case.

20 The parties discussed the Judgment Creditor’s motion and how to possibly resolve it. The

21 Firm ultimately agreed to the appointment of a receiver, based at least in part on the parties agreeing

22 to attend mediation and to attempt to resolve the Judgment Creditor’s judgment against the Firm

23 and to continue a judgment debtor examination (“JDE”) of Avenatti and the Firm scheduled for

24 February 14, 2019.

25

26

27 1
A true and correct copy of the docket for the Involuntary Case is attached to the Request for Judicial Notice (“RJN”)
as Exhibit “1.”
28 2
SHULMAN HODGES &
A true and correct copy of the docket for the District Court Case is attached to the RJN as Exhibit “2.”
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 3
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 6 of 13

1 On February 13, 2019, the District Court entered the Order Appointing Receiver and Issuing

2 Restraining Order (“Receiver Order”) in the District Court Case. The Receiver Order was based on

3 a Joint Stipulation entered into between the Judgment Creditor, the Firm, and Avenatti individually.

4 As part of the Receiver Order, and because the parties had agreed to attend mediation and attempt

5 to resolve their disputes, the JDE scheduled for Avenatti and the Firm was continued from February

6 14, 2019 to March 8, 2019.

7 C. The Instant Bankruptcy and Contempt Proceedings

8 On March 7, 2019, Avenatti filed a voluntary Chapter 11 bankruptcy proceeding on behalf

9 of The Trial Group LLP; dba Trial Group; dba TRG LLP; dba Eagan O’Malley & Avenatti LLP;

10 dba Eagan Avenatti LLP (the “Debtor”), commencing the instant case.

11 On March 8, 2019, Judgment Creditor filed an Emergency Motion to Dismiss Case or in the

12 Alternative, Relief From the Automatic Stay (“Motion”).

13 A hearing on the Motion was held on March 13, 2019 at which time the Court granted the

14 Motion. At the hearing, the Court also noted that it would issue an Order to Show Cause.

15 On March 15, 2019, the Court entered the OSC. A true and correct copy of the OSC is

16 attached to the RJN as Exhibit “3.” Avenatti’s response to the OSC is due no later than April 17,

17 2019 and a hearing on the OSC is set to take place on May 8, 2019. A true and correct copy of the

18 docket for this case is attached to the RJN as Exhibit “4.”

19 The JDE took place on April 11, 2019. At that time, Avenatti pled his Fifth Amendment

20 right against self-incrimination and did not answer any questions.

21 D. Pending Criminal Action

22 On or about March 25, 2019, claims were filed by the U.S. Attorney’s Office of the Southern

23 District of New York against Avenatti relating to wire fraud, bank fraud, and extortion.

24 On April 10, 2019, a federal grand jury in the Central District of California returned the

25 Indictment against Avenatti.

26 While Avenatti contests the OSC, in light of the criminal case, he intends, upon the advice

27 of counsel, to assert his Fifth Amendment privilege until the criminal case is concluded.

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 4
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 7 of 13

1 III. ARGUMENT

2 A. Authority Regarding Stay of a Civil Proceeding

3 The Fifth Amendment privilege against self-incrimination extends to “any matter that may

4 tend to incriminate him.” Cal. Evid. Code § 940. The privilege “can be asserted in any proceeding,

5 civil or criminal, administrative or judicial, investigatory or adjudicatory; and it protects against any

6 disclosures that the witness reasonably believes could be used in a criminal prosecution or could

7 lead to other evidence that might be so used.” Kastigar v. United States, 406 U.S. 441, 444-445

8 (1972). “To sustain the privilege, it need only be evident from the implications of the question, in

9 the setting in which it is asked, that a responsive answer to the question or an explanation of why it

10 cannot be answered might be dangerous because injurious disclosure could result.” Blackburn v.

11 Superior Court, 21 Cal.App.4th 414, 427 (1993) (quoting Hoffman v. United States, 341 U.S.

12 479,486 (1951)).

13 The Constitution does not ordinarily require a stay of civil proceedings pending the outcome

14 of criminal proceedings. Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir.

15 1989); SEC v. Dresser Indus., 628 F.2d 1368, 1375 (D.C. Cir. 1980) (cert. denied, 449 U.S. 993

16 (1980)). “In the absence of substantial prejudice to the rights of the parties involved, [simultaneous]

17 parallel [civil and criminal] proceedings are unobjectionable under our jurisprudence.” Dresser, 628

18 F.2d at 1374. “Nevertheless, a court may decide in its discretion to stay civil proceedings . . . ‘when

19 the interests of justice seem[] to require such action.’“ Id. at 1375 (quoting United States v. Kordel,

20 397 U.S. 1, 12 n.27 (1970)).

21 “The decision whether to stay civil proceedings in the face of a parallel criminal proceeding

22 should be made ‘in light of the particular circumstances and competing interests involved in the

23 case.’” Keating v. Office of Thrift Supervision, 45 F.3d 322, 325 (9th Cir. Jan. 18, 1995) (quoting

24 Molinaro, 889 F.2d at 902). The court’s primary consideration in deciding whether or not to stay

25 an action is “the extent to which the defendant’s fifth amendment rights are implicated.” Id. at 324.

26 In addition, the decision maker should generally consider the


following factors: (1) the interest of the plaintiffs in proceeding
27 expeditiously with this litigation or any particular aspect of it, and the
potential prejudice to plaintiffs of a delay; (2) the burden which any
28 particular aspect of the proceedings may impose on defendants; (3)
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 5
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 8 of 13

1 the convenience of the court in the management of its cases, and the
efficient use of judicial resources; (4) the interests of persons not
2 parties to the civil litigation; and (5) the interest of the public in the
pending civil and criminal litigation.
3
Id.
4
Where, as here, a party is under indictment on serious charges involving overlapping facts,
5
there is a strong case for stay. See generally, SEC v. Alexander, 2010 WL 5388000 *3 (N.D. Cal
6
Dec. 22, 2010) (staying SEC action alleging fraud on investors in light of parallel criminal case
7
based on related allegations). This is because allowing a civil action to proceed against a party
8
under indictment risks undermining the defendant’s Fifth Amendment privilege, expanding criminal
9
discovery beyond the limits of Federal Rule of Criminal Procedure 16(b), exposing the defense
10
strategy to the prosecution before the criminal trial, and causing other prejudice. Id.
11
As established below, a review of the totality of the Keating factors warrants a stay of the
12
OSC against Avenatti.
13
B. The Facts of this Case Warrant a Stay of the OSC Under the Keating Factors
14
1. Courts Routinely Issue Stays of a Civil Action Where a Party is Under Indictment
15
for a Serious Offense
16
In Dresser, the Court set forth the rationale for staying parallel civil actions in light of
17
pending criminal cases:
18
…the strongest case for deferring civil proceedings until the
19 completion of criminal proceedings is where a party under indictment
for a serious offense is required to defend a civil or administrative
20 action involving the same matter. The non-criminal proceeding, if
not deferred, may undermine the party’s 5th Amendment privilege
21 against self-incrimination, expand rights of criminal discovery
beyond the limits of Federal Rule of Criminal Procedure 16(b),
22 expose the basis of the defense to the prosecution in advance of
criminal trial, or otherwise prejudice the case.
23
SEC v. Dresser Industries, Inc., 628 F.2d at 1375-76.
24
Here, all of the risks outlined by the court in Dresser are present. The criminal proceedings
25
implicate testimony regarding the alleged misappropriation of funds by the Firm, the Debtor and/or
26
Avenatti; the assets and liabilities of the Firm and the Debtor; statements made by Avenatti under
27
oath in pleadings and documents filed in the Involuntary Case; and the actions taken by Avenatti in
28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 6
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 9 of 13

1 the Involuntary Case. The instant bankruptcy case and the OSC involve and relate directly to those

2 same issues and to the facts of the Involuntary Case. Because of the overlapping facts, Avenatti

3 intends to assert his Fifth Amendment privilege and will not provide any declaration in response to

4 the OSC.

5 If the OSC proceeds, Avenatti will be put in the unfair position of having to choose between

6 asserting his Constitutional rights to protect him in the criminal case or waiving those rights to

7 defend the OSC. Instead, Avenatti should be allowed to assert his constitutional rights without fear

8 of adverse inferences. Accordingly, this Keating factor supports that a stay of the OSC is necessary.

9 2. The Court and the Opposing Parties Will Not Be Prejudiced by a Stay of the OSC

10 The Court and the Judgment Creditor will not be prejudiced by a stay. To establish

11 prejudice, parties must do more than simply claim delay in expeditiously pursuing claims. In re

12 Adelphia Communications Securities Litigation, 2003 WL 22358819, at *4 (E.D. Pa. May 13, 2003)

13 (stay granted where plaintiff failed to demonstrate sufficient prejudice). No party can establish that

14 any unique injury would be caused by the delay.

15 As will be discussed in Avenatti’s response to the OSC, attorneys fees and compensatory

16 damages are not available to the Judgment Creditor. See, Fed.R.Bankr.Proc. 9011(c)(2); Barbara

17 v. Miller, 146 F.3d 707, 711 (9th Cir. 1988) (quoting Fed. R. Civ. P. 11, Adv. Comm. Notes, 1993

18 Amended (“monetary sanction imposed after a court-initiated show cause order [is] limited to a

19 penalty payable to the court.”)).

20 Further, the fact that the criminal case is proceeding vitiates against a claim that memories

21 will fade or facts will be forgotten during a stay of the civil case. As the court in Alexander

22 recognized, concerns about fading memories are “mitigated by the fact that the criminal prosecution

23 is already underway, and key witnesses in the civil case are also likely to provide testimony or

24 documents in the criminal proceeding. The active criminal case may help keep witnesses’ memories

25 fresh, preserve the testimony of witnesses who later become unavailable, and ensure the retention

26 of important evidence and documents” SEC v. Alexander, 2010 WL 5388000 at *4.

27 The Court and the Judgment Creditor will thus not be prejudiced by a stay of the OSC

28 pending the outcome of the criminal proceedings.


SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 7
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 10 of 13

1 3. Avenatti Will Be Unfairly Prejudiced if He is Forced to Proceed on the OSC

2 The burden on Avenatti in defending the OSC while simultaneously defending the criminal

3 case is significant. The hearing on the OSC is set for May 8, 2019 with Avenatti’s response due on

4 April 17, 2019. As discussed above, absent a stay, Avenatti will be forced to choose between

5 preserving or waiving his right to remain silent during the OSC proceedings.

6 Moreover, absent a stay, Avenatti will be forced to divide his time and resources between

7 the criminal case and the OSC proceeding. As such, a stay of the OSC is necessary.

8 4. Staying the OSC Will Preserve Judicial Resources and Ensure the Efficient Use of

9 the Court’s Time

10 Avenatti’s counsel is well aware that one of the goals of many, if not all, of the bankruptcy

11 courts within the Central District of California is to move its cases along in an efficient and

12 expeditious manner. Avenatti will make no assumptions as to what this Court will deem convenient

13 in the management of its cases. That said, Avenatti believes a stay of the OSC will avoid prospective

14 discovery motions brought by the parties arising out of an assertion of the Fifth Amendment. To be

15 sure, Avenatti will not declare to anything in response to the OSC. He will simply plead the Fifth

16 Amendment.

17 While Avenatti appreciates a court’s desire to keep its cases moving in an efficient manner,

18 the desire to keep a case moving should not be to the material detriment of a litigant – as such a

19 result would elevate form over substance. Avenatti believes a stay of the OSC while the criminal

20 action proceeds would result in an efficient use of judicial resources, as Court resources utilized

21 during a stay would be nominal. As such, this Keating factor weighs in favor of staying the OSC.

22 5. The Interest of Persons Not Parties to the Civil Litigation Will Not Be Negatively

23 Impacted by a Stay

24 The only non-party that has any interest in the OSC is the government. The government has

25 no appropriate compelling interest in seeing that the OSC proceed alongside the criminal case.

26 Instead, the criminal proceedings should take precedence. As noted in SEC v. Nicholas, allowing

27 the civil and criminal cases to proceed simultaneously “would undermine the public’s right to fair

28 and efficient prosecution of its criminal laws, distract the [criminal] Defendants and the USAO from
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 8
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 11 of 13

1 fully preparing their respective cases, and divert the Court’s attention with burdensome discovery

2 litigation and duplicative law and motion.” SEC v. Nicholas, 569 F. Supp. 2d 1065, 1067 (C.D. Cal.

3 2008).

4 Because non-parties will not be substantially impacted, a stay is warranted.

5 6. The Interest of the Public in the Pending Civil and Criminal Litigation Favor a Stay

6 Courts have confirmed that the rights of the public are greater in a criminal case than in a

7 civil case. Alexander, 2010 WL 53880004 at *6 (citing Nicholas, 569 F.Supp.2d at 1072 (while

8 interest of the public in an action brought by a government are more serious than in a private civil

9 action, the public’s interest in a criminal action takes precedence)). Here, the public interest is best

10 served by giving precedence to the criminal case and staying the OSC.

11 Based on all of the above, the Keating factors weigh in favor of staying the OSC.

12 IV. CONCLUSION

13 Based on the foregoing, Avenatti respectfully requests the Court enter an order staying the

14 OSC to allow the criminal case to proceed and for any other and further relief as is appropriate.

15 SHULMAN HODGES & BASTIAN LLP

16
By:
17 DATED: April 17, 2019 /s/ Melissa Davis Lowe
James C. Bastian, Jr.
18 Melissa Davis Lowe
Attorneys for Michael J. Avenatti
19

20

21

22

23

24

25

26

27

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\56\1355719.1 9
Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 12 of 13

PROOF OF SERVICE OF DOCUMENT


I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
100 Spectrum Center Drive, Suite 600, Irvine, CA 92618

A true and correct copy of the foregoing document entitled: NOTICE OF MOTION FOR (specify name of motion)
Michael J. Avenatti's Motion to Stay Proceedings Pending Resolution of Related Criminal Action
_______________________________________________________________________________________________
_______________________________________________________________________________________________
will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in
the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)
04/17/2019 , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the
following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL:


On (date) 04/17/2019 , I served the following persons and/or entities at the last known addresses in this bankruptcy
case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,
first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the
judge will be completed no later than 24 hours after the document is filed.

Hon Catherine Bauer, US Bankruptcy Court, Ronald Reagan Fed Bld, 411 W. Fourth St #5165, Santa Ana, CA 92701
United States Trustee, Ronald Regan Fed Bldb, 411 W. Fourth St, #9041, Santa Ana, CA 92701

Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I served the
following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to
such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration
that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is
filed.

Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

04/17/2019 Lorre Clapp /s/ Lorre Clapp


Date Printed Name Signature

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 Page 3 )+($5,1*127,&(


Case 8:19-bk-10822-CB Doc 46 Filed 04/17/19 Entered 04/17/19 14:14:50 Desc
Main Document Page 13 of 13
NEF SERVICE LIST:

Michael Avenatti on behalf of Debtor The Trial Group LLP


mavenatti@eaganavenatti.com, jregnier@eaganavenatti.com

James C Bastian, Jr on behalf of Interested Party Michael Avenatti


jbastian@shbllp.com

Jason M Frank on behalf of Creditor Jason Frank Law, PLC


jfrank@lawfss.com, mnowowiejski@lawfss.com

Michael J Hauser on behalf of U.S. Trustee United States Trustee (SA)


michael.hauser@usdoj.gov

R Gibson Pagter, Jr. on behalf of Creditor 520 Newport Center Drive, LLC
gibson@ppilawyers.com, ecf@ppilawyers.com;pagterrr51779@notify.bestcase.com

Jack A Reitman on behalf of Interested Party Brian Weiss


jareitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;
vrichmond@lgbfirm.com

John P Reitman on behalf of Interested Party Courtesy NEF


jreitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;
vrichmond@lgbfirm.com

Ronald N Richards on behalf of Interested Party Courtesy NEF


ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com

James R Selth on behalf of Interested Party Courtesy NEF


jim@wsrlaw.net, jselth@yahoo.com;brian@wsrlaw.net;vinnet@ecf.inforuptcy.com

United States Trustee (SA)


ustpregion16.sa.ecf@usdoj.gov
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 1 of 143

1 James C. Bastian, Jr. - Bar No. 175415


Melissa Davis Lowe - Bar No. 245521
2 SHULMAN HODGES & BASTIAN LLP
100 Spectrum Center Drive, Suite 600
3 Irvine, California 92618
Telephone: (949) 340-3400
4 Facsimile: (949) 340-3000
Email: JBastian@shbllp.com
5 MLowe@shbllp.com

6 Attorneys for Michael J. Avenatti

8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA, SANTA ANA DIVISION

10

11 In re Case No. 8:19-bk-10822-CB

12 THE TRIAL GROUP LLP; dba TRIAL Chapter 11


GROUP; dba TRG LLP; dba EAGAN
13 O’MALLEY & AVENATTI LLP; dba REQUEST FOR JUDICIAL NOTICE IN
EAGAN AVENATTI LLP, SUPPORT OF MICHAEL J. AVENATTI’S
14 MOTION TO STAY CONTEMPT
Debtor. PROCEEDINGS PENDING
15 RESOLUTION OF RELATED CRIMINAL
ACTION
16
Hearing
17 Date: May 8, 2019
Time: 10:00 a.m.
18 Place: 411 West Fourth Street
Santa Ana, CA 92701
19 Courtroom 5D

20

21 TO THE HONORABLE CATHERINE E. BAUER, UNITED STATES

22 BANKRUPTCY JUDGE, AND ALL OTHER INTERESTED PARTIES:

23 PLEASE TAKE NOTICE that Michael J. Avenatti hereby requests that the Court take

24 judicial notice pursuant to Federal Rule of Evidence 201 of the following documents in connection

25 with the concurrently filed Motion to Stay Contempt Proceedings Pending Resolution of Related

26 Criminal Action.

27

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618 6020-000\1355129.1
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 2 of 143

1 JUDICIALLY NOTICED DOCUMENTS

2 1. Docket of Case No. 8:17-bk-11961-CB, a true and correct copy of which is attached

3 hereto as Exhibit “1.”

4 2. Docket of District Court for the Central District of California, Case No. 8:18-CV-

5 01644-VAP-KES, a true and correct copy of which is attached hereto as Exhibit “2.”

6 3. Order to Show Cause re Sanctions For Filing Case in Violation of the Joint

7 Stipulation re Order Appointing Receiver and Issuing Restraining Order entered by this Court on

8 March 15, 2019, a true and correct copy of which is attached hereto as Exhibit “3.”

9 4. Docket for Bankruptcy Case No. 8:19-bk-10822-CB as of April 16, 2019, a true and

10 correct copy of which is attached hereto as Exhibit “4.”

11 The above-mentioned documents are judicially noticeable pursuant to Federal Rule of

12 Evidence 201. Federal courts may take judicial notice of facts which are “capable of accurate and

13 ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Federal

14 Rule of Evidence 201(c)(2). Judicial notice may be taken of documents filed and orders or decisions

15 entered in any federal or state court proceeding. See, ReadyLink Healthcare, Inc. v. State

16 Compensation Ins. Fund, 754 F.3d 754, 756, fn. 1 (9th Cir. 2014). Federal courts may take notice

17 of materials in their own files. United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980) (court

18 may take judicial notice of its own records in other cases); Kinnett Dairies, Inc. v. Farrow, 580 F.2d

19 1260, 1277-78 n. 33 (5th Cir. 1978) (“courts are particularly apt to take notice of material in court

20 files”).

21 SHULMAN HODGES & BASTIAN LLP

22 DATED: April 17, 2019 By: /s/ Melissa Davis Lowe


23 James C. Bastian, Jr.
Melissa Davis Lowe
24 Attorneys for Michael J. Avenatti

25

26

27

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\1355129.1 2
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 3 of 143

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 4 of 143

CLOSED, TRANSFER, DISMISSED

U.S. Bankruptcy Court


Central District of California (Santa Ana)
Bankruptcy Petition #: 8:17-bk-11961-CB
Date filed: 03/01/2017
Assigned to: Catherine E. Bauer Date transferred: 05/16/2017
Chapter 11 Date terminated: 10/23/2018
Involuntary Debtor dismissed: 03/15/2018
341 meeting: 06/12/2017

Debtor disposition: Dismissed for Other Reason

Debtor represented by Michael Avenatti


Eagan Avenatti LLP 450 Newport Ctr Dr 2nd Fl
520 Newport Center Dr #1400 Newport Beach, CA 92660
Newport Beach, CA 92660 949-706-7000
ORANGE-CA Fax : 949-706-7050
Tax ID / EIN: 32-0210824 Email: mavenatti@eaganavenatti.com

Fahim Farivar
Legal & Tax Consulting Group
18653 Ventura Blvd
Ste 362
Tarzana, CA 91356
818-731-1322
Fax : 818-812-7868
Email: lawyercpa@gmail.com

Elizabeth A Green
Baker & Hostetler LLP
200 S Orange Ave
Suntrust Center Ste 2300
Orlando, Fl 32801-3432
407-649-4000
Fax : 407-841-0168
Email: egreen@bakerlaw.com
TERMINATED: 05/24/2017

James KT Hunter
Pachulski Stang Ziehl & Jones LLP
10100 Santa Monica Blvd 13th Fl
Los Angeles, CA 90067
310-277-6910
Fax : (310) 201-0760
Email: jhunter@pszjlaw.com

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 5 of 143

Ashley M McDow
Foley & Lardner LLP
555 South Flower Street
Suite 3300
Los Angeles, CA 90071
213-972-4615
Fax : 213-486-0065
Email: amcdow@foley.com

Malhar S Pagay
Pachulski Stang Ziehl & Jones LLP
10100 Santa Monica Blvd 13th Flr
Los Angeles, CA 90067
310-277-6910
Fax : 310-201-0760
Email: mpagay@pszjlaw.com

Tiffany D Payne
Baker Hostetler
PO Box 112
Orlando, FL 32801
407-646-4079
Email: tpayne@bakerlaw.com

Hamid R Rafatjoo
Raines Feldman, LLP
1800 Avenue of the Stars
12th Floor
Los Angeles, CA 90067
310-440-4100
Email: hrafatjoo@raineslaw.com

Robert M Saunders
Pachulski Stang Ziehl & Jones LLP
10100 Santa Monica Blvd 13th Fl
Los Angeles, CA 90067
310-277-6910
Fax : 310-201-0760
Email: rsaunders@pszjlaw.com

Petitioning Creditor
Gerald Tobin
2014 Edgewater Dr #169
Orlando, FL 32804
407-367-8631

U.S. Trustee represented by Michael J Hauser


United States Trustee (SA) 411 W Fourth St Suite 7160
411 W Fourth St., Suite 7160 Santa Ana, CA 92701-4593
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 6 of 143

Santa Ana, CA 92701-4593 714-338-3417


(714) 338-3400 Fax : 714-338-3421
Email: michael.hauser@usdoj.gov

Creditor Committee represented by Peter W Bowie


Official Committee of Creditors Holding Dinsmore & Shohl LLP
Unsecured Claims 655 W. Broadway
Suite 800
San Diego, CA 92101
619-400-4521
Fax : 619-400-0501
Email: peter.bowie@dinsmore.com

Christopher Celentino
Dinsmore & Shohl LLP
655 W. Broadway
Suite 800
San Diego, CA 92101
619-400-0519
Fax : 619-400-0501
Email: chris.celentino@dinsmore.com

Filing Date # Docket Text

1 Order Transferring Bankruptcy Case (Transferred


(20 pgs; 3 docs) From Florida Middle 6:17-bk-01329-KSJ) Eagan
Avenatti LLP Filed by Petitioning Creditor(s):Gerald
Tobin . (Attachments: # 1 Certified Copy of Docket
# 2 Order of Transfer - With Copy of Involuntary
Petition)(Gonsales, Otoniel) Modified on 5/16/2017
03/01/2017 (Gonsales, Otoniel). (Entered: 05/16/2017)

5 Involuntary Summons Issued on Eagan Avenatti


(2 pgs) LLP (Transferred From Florida Middle 6:17-bk-
03/02/2017 01329-KSJ). (Entered: 05/17/2017)

6 Emergency Motion for relief from stay (Limited


(34 pgs; 6 docs) Relief from Stay) Filed by Creditor Jason Frank
Law, PLC (Attachments: # 1 pdf # 2 Exhibit B # 3
Exhibit C # 4 Exhibit D # 5 Exhibit).(Transferred
From Florida Middle 6:17-bk-01329-KSJ) (Corona,
Heidi) Additional attachment(s) added on 5/17/2017
03/06/2017 (Corona, Heidi). (Entered: 05/17/2017)

03/06/2017 7 Document - Certificate of Necessity of Request for


(2 pgs) Emergency Hearing Filed by Isaac Marcushamer on
behalf of Creditor Jason Frank Law, PLC (related

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 7 of 143

document(s)3). (Transferred From Florida Middle


6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
05/17/2017)

8 Declaration re: Declaration of Jason M. Frank in


(31 pgs; 6 docs) Support of Creditor, Jason Frank Law, PLC's
Emergency Motion for Limited Relief From the
Automatic Stay Filed by Isaac Marcushamer on
behalf of Creditor Jason Frank Law, PLC.
(Attachments: # 1 Exhibit A - Scheduling Order # 2
Exhibit B - Final Order re: JFL's Motion for
Sanctions # 3 Exhibit C - Order Re: JFL's Motion to
Compel Depositions # 4 Exhibit D - Email string
between February 28, 2017 and March 1, 2017 # 5
Exhibit E - Email dated March 2, 2017 and Notice
of Automatic Stay) (Marcushamer, Isaac) (Entered:
03/06/2017) (Transferred From Florida Middle 6:17-
bk-01329-KSJ). (Corona, Heidi) (Entered:
03/06/2017 05/17/2017)

9 Notice of Appearance for Purposes of CM/ECF


(1 pg) Filed by U.S. Trustee United States Trustee - ORL.
(Kelso, Jill) (Entered: 03/07/2017).(Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
03/07/2017 Heidi) (Entered: 05/17/2017)

10 Notice of Hearing on Creditor, Jason Frank Law,


(5 pgs) PLC's Emergency Motion for Limited Relief From
the Automatic Stay Filed by Isaac Marcushamer on
behalf of Creditor Jason Frank Law, PLC (related
document(s)3). Hearing scheduled for 3/8/2017 at
02:00 PM at Orlando, FL - Courtroom 6A, 6th Floor,
George C. Young Courthouse, 400 W. Washington
Street. (Marcushamer, Isaac) (Entered: 03/07/2017).
(Transferred From Florida Middle 6:17-bk-01329-
03/07/2017 KSJ). (Corona, Heidi) (Entered: 05/17/2017)

11 Notice of Appearance for Purposes of CM/ECF


(1 pg) Filed by U.S. Trustee United States Trustee - ORL.
(Aleskovsky, Audrey) (Entered: 03/07/2017).
(Transferred From Florida Middle 6:17-bk-01329-
03/07/2017 KSJ). (Corona, Heidi) (Entered: 05/17/2017)

03/08/2017 12 Notice of Filing of Proof of Service Upon (I)


(8 pgs) Alleged Debtor, Eagan Avenatti LLP and (II)
Petitioning Creditor, Gerald Tobin Filed by Isaac
Marcushamer on behalf of Creditor Jason Frank
Law, PLC (related document(s)3, 5, 7).
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 8 of 143

(Marcushamer, Isaac) (Entered: 03/08/2017).


(Transferred From Florida Middle 6:17-bk-01329-
KSJ). (Corona, Heidi) (Entered: 05/17/2017)

13 Hearing Held - Hearing Proceeding Memo: Hearing


(1 pg) Held - APPEARANCES: ELIZABETH GREEN
(Debtor's Atty.) TIFFANY PAYNE (Debtor's Atty.)
ISAAC M. MARCUSHAMER (Atty for Creditor,
Jason Frank Law) JASON FRANK (Creditor) ERIC
M. GEORGE (Atty.) WITNESSES: EVIDENCE:
RULING: (1) Emergency Motion for Relief from
Stay by Creditor Jason Frank Law filed on 3/6/17
(Doc. #3): Debtor has until noon on Friday, 3/10/17,
to consent to bankruptcy. If the Debtor does not
consent to bankruptcy, the stay will lift so that
arbitration can proceed on 3/13/17. Order by Mr.
Marcushamer. Proposed Orders, if applicable,
should be submitted within three days after the date
of the hearing - Local Rule 9072-1(c). This docket
entry/document is not an official order of the Court.
(Dkt) (Entered: 03/09/2017).(Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
Heidi) Additional attachment(s) added on 5/17/2017
03/08/2017 (Corona, Heidi). (Entered: 05/17/2017)

14 Document - Answer to Involuntary Petition and


(3 pgs) Consent to Entry of Order for Relief and
Reservation of Rights Filed by Elizabeth A Green on
behalf of Debtor Eagan Avenatti LLP (related
document(s)1). (Green, Elizabeth) (Entered:
03/10/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
03/10/2017 05/17/2017)

15 Order for Relief . Deficiency Compliance by:


(1 pg) 3/24/2017. List of Creditors Due 3/24/2017. Service
Instructions: Clerks Office to serve. (Vivianne)
Modified on 3/13/2017 (Vivianne). (Entered:
03/10/2017) . (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
03/10/2017 05/17/2017)

03/10/2017 16 Notice of Commencement of Case, Section 341


(2 pgs) Meeting of Creditors, and Fixing Deadlines . Section
341(a) meeting to be held on 4/3/2017 at 09:00 AM
at Orlando, FL (687) Suite 1203B, George C. Young
Courthouse, 400 West Washington Street. Proofs of
Claims due by 6/19/2017. (Vivianne) (Entered:

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 9 of 143

03/10/2017). (Transferred From Florida Middle


6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
05/17/2017)

17 BNC Certificate of Mailing - Notice of Meeting of


(3 pgs) Creditors. (related document(s) (Related Doc # 14)).
Notice Date 03/12/2017. (Admin.) (Entered:
03/13/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
03/12/2017 05/17/2017)

18 BNC Certificate of Mailing - PDF Document (RE:


(2 pgs) Order for Relief). (related document(s) (Related Doc
# 13)). Notice Date 03/12/2017. (Admin.) (Entered:
03/13/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) Modified on
03/12/2017 5/17/2017 (Corona, Heidi). (Entered: 05/17/2017)

19 Chapter 11 or Chapter 9 Cases Non-Individual:: List


(2 pgs) of Creditors Who Have the 20 Largest Unsecured
Claims and Are Not Insiders (Form 104 or 204)
Filed by Debtor Eagan Avenatti LLP. (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
03/13/2017 Heidi) (Entered: 05/17/2017)

20 Declaration under Penalty of Perjury for Non-


(1 pg) Individual Debtors for List of 20 Largest Unsecured
Creditors Filed by Elizabeth A Green on behalf of
Debtor Eagan Avenatti LLP. (Green, Elizabeth)
(Entered: 03/13/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
03/13/2017 (Entered: 05/17/2017)

21 Chapter 11 Case Management Summary Filed by


(10 pgs) Tiffany D Payne on behalf of Debtor Eagan Avenatti
LLP. (Payne, Tiffany) (Entered: 03/14/2017).
(Transferred From Florida Middle 6:17-bk-01329-
03/14/2017 KSJ). (Corona, Heidi) (Entered: 05/17/2017)

03/14/2017 22 Emergency motion of the Debtor-In-Possession for


(10 pgs) an Order Authorizing Payment of "Gap"
Compensation and Benefits and Directing Financial
Institution to Honor Checks for the Payment of
Same and Certificate of Necessity of Request for
Emergency Hearing (Emergency Hearing Requested
on or Before March 15, 2017) Filed by Tiffany D
Payne on behalf of Debtor Eagan Avenatti LLP
(Payne, Tiffany) (Entered: 03/14/2017). (Transferred
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 10 of 143

From Florida Middle 6:17-bk-01329-KSJ). (Corona,


Heidi) (Entered: 05/17/2017)

23 Order Denying Motion For Relief From Stay


(1 pg) (Related Doc # 3) Service Instructions: Isaac
Marcushamer is directed to serve a copy of this
order on interested parties and file a proof of service
within 3 days of entry of the order. (Vivianne)
(Entered: 03/14/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
03/14/2017 (Entered: 05/17/2017)

24 Proof of Service of Order Denying Motion for


(3 pgs) Relief from Stay [ECF No. 21]. Filed by Isaac
Marcushamer on behalf of Creditor Jason Frank
Law, PLC (related document(s)21). (Marcushamer,
Isaac) (Entered: 03/14/2017).(Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
03/14/2017 Heidi) (Entered: 05/17/2017)

25 Notice of Filing Amended Exhibit A Filed by


(5 pgs) Tiffany D Payne on behalf of Debtor Eagan Avenatti
LLP (related document(s)20). (Payne, Tiffany)
(Entered: 03/14/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
03/14/2017 (Entered: 05/17/2017)

26 Notice of Hearing on Emergency Motion of the


(4 pgs) Debtor-In-Possession for an Order Authorizing
Payment of "Gap" Compensation and Benefits and
Directing Financial Institution to Honor Checks for
the Payment of Same and Certificate of Necessity of
Request for Emergency Hearing and Notice of
Filing Amended Exhibit A Filed by Tiffany D Payne
on behalf of Debtor Eagan Avenatti LLP (related
document(s)23, 20). Hearing scheduled for
3/16/2017 at 11:00 AM at Orlando, FL - Courtroom
6A, 6th Floor, George C. Young Courthouse, 400 W.
Washington Street. (Payne, Tiffany) (Entered:
03/14/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
03/14/2017 05/17/2017)

03/15/2017 27 Notice of Rescheduled Section 341 Meeting of


(1 pg) Creditors. Filed by U.S. Trustee United States
Trustee - ORL. Section 341(a) meeting to be held on
4/17/2017 at 09:00 AM at Orlando, FL (687) Suite
1203B, George C. Young Courthouse, 400 West
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 11 of 143

Washington Street. (Kelso, Jill) (Entered:


03/15/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
05/17/2017)

28 Notice of 2004 Examination of The UPS Store, Inc..


(24 pgs) Filed by Isaac Marcushamer on behalf of Creditor
Jason Frank Law, PLC. (Marcushamer, Isaac)
(Entered: 03/15/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
03/15/2017 (Entered: 05/17/2017)

29 Notice of 2004 Examination of Petitioning Creditor,


(24 pgs) Gerald Tobin. Filed by Isaac Marcushamer on behalf
of Creditor Jason Frank Law, PLC. (Marcushamer,
Isaac) (Entered: 03/15/2017). (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
03/15/2017 Heidi) (Entered: 05/17/2017)

30 Proof of Service Filed by Tiffany D Payne on behalf


(5 pgs) of Debtor Eagan Avenatti LLP (related
document(s)24, 19, 23, 14, 20). (Payne, Tiffany)
(Entered: 03/15/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
03/15/2017 (Entered: 05/17/2017)

31 Certificate of Service Re: Notice of Rescheduled


(3 pgs) Section 341 Meeting of Creditors Filed by Tiffany D
Payne on behalf of Debtor Eagan Avenatti LLP
(related document(s)25). (Payne, Tiffany) (Entered:
03/16/2017).(Transferred From Florida Middle 6:17-
bk-01329-KSJ). (RE: related document(s)27 Notice
of rescheduled hearing). (Corona, Heidi) (Entered:
03/16/2017 05/17/2017)

32 Annotated Exhibit List of Debtor from Hearing Held


(1 pg) on 03/16/2017 . (Danielle) (Entered: 03/16/2017).
(Transferred From Florida Middle 6:17-bk-01329-
03/16/2017 KSJ). (Corona, Heidi) (Entered: 05/17/2017)

03/16/2017 33 Motion to Extend Deadline to File Schedules or


(4 pgs) Provide Required Information and Statement of
Financial Affairs and List of Creditors Required by
Fed. R. Bankr. P. 1007(A)(2) Filed by Tiffany D
Payne on behalf of Debtor Eagan Avenatti LLP
(Payne, Tiffany) (Entered: 03/16/2017). (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
Heidi) (Entered: 05/17/2017)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 12 of 143

34 Hearing Proceeding Memo: Hearing Held -


(2 pgs) APPEARANCES: Tiffany Payne (Debtor) Jill Kelso
(UST) Isaac Marcushamer (Creditor Jason Frank
Law, PLC) (telephone) Ilyse Homer (Creditor Jason
Frank Law, PLC) (telephone) EVIDENCE: Debtor's
Exhibit 1 admitted RULING: (1) Emergency Motion
of the Debtor-In-Possession for an Order
Authorizing Payment of "Gap" Compensation and
Benefits and Directing Financial Institution to
Honor Checks for the Payment of Same (Doc #20):
Granted. Order by Ms. Payne. There will be a
further status conference in this case at 11:00 a.m.
on April 17, 2017. (AOCNFNG). Notice of Filing
Amended Exhibit A (Doc #23) (filed 3/14/17) *PRO
MEMO BY DLM* Proposed Orders, if applicable,
should be submitted within three days after the date
of the hearing - Local Rule 9072-1(c). This docket
entry/document is not an official order of the Court.
(Dkt) (Entered: 03/16/2017). (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
Heidi) Additional attachment(s) added on 5/17/2017
03/16/2017 (Corona, Heidi). (Entered: 05/17/2017)

35 Order Granting Motion to Extend Time. This case


came on for consideration on the Motion to Extend
Deadline to File Schedules or Provide Required
Information and Statement of Financial Affairs and
List of Creditors Required by Fed. R. Bankr. P.
1007(A)(2) Filed by Tiffany D Payne on behalf of
Debtor Eagan Avenatti LLP (Document Number 31).
It is ORDERED that the Motion is GRANTED, and
the time is extended to 3/31/2017. By the Honorable
Karen S. Jennemann (text-only order). This entry is
the Official Order of the Court. No document is
attached. CERTIFICATE OF SERVICE via U.S.
Mail to: Eagan Avenatti LLP,520 Newport Center
Drive #1400,New Port Beach, CA 92660. (related
document(s)31). Service Instructions: Clerks Office
to serve. (Vivianne) (Entered: 03/17/2017).
(Transferred From Florida Middle 6:17-bk-01329-
KSJ - NO PDF IMAGE AVAILABLE). (Corona,
03/17/2017 Heidi) (Entered: 05/17/2017)

03/23/2017 36 Cross Notice of 2004 Examination of The UPS


(2 pgs) Store, Inc.. Filed by Tiffany D Payne on behalf of
Debtor Eagan Avenatti LLP (related
document(s)26). (Payne, Tiffany) (Entered:
03/23/2017). (Transferred From Florida Middle
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 13 of 143

6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:


05/17/2017)

37 Cross Notice of 2004 Examination of Gerald Tobin.


(2 pgs) Filed by Tiffany D Payne on behalf of Debtor Eagan
Avenatti LLP (related document(s)27). (Payne,
Tiffany) (Entered: 03/23/2017). (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
03/23/2017 Heidi) (Entered: 05/17/2017)

38 Order Granting Motion for an Order Authorizing


(2 pgs) Payment of "Gap" Compensation and Benefits and
Directing Financial Institution to Honor Checks for
the Payment of Same (Related Doc # 20). Service
Instructions: Tiffany Payne is directed to serve a
copy of this order on interested parties and file a
proof of service within 3 days of entry of the order.
(Vivianne) (Entered: 03/23/2017). (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
03/23/2017 Heidi) (Entered: 05/17/2017)

39 Certificate of Service Re: Order Granting Debtor-in-


(3 pgs) Possession's Emergency Motion for an Order
Authorizing Payment of "Gap" Compensation and
Benefits and Directing Financial Institutions to
Honor Checks for the Payment of Same. Filed by
Tiffany D Payne on behalf of Debtor Eagan Avenatti
LLP (related document(s)37). (Payne, Tiffany)
(Entered: 03/24/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
03/24/2017 (Entered: 05/17/2017)

40 Supplemental Certificate of Service Re: Order


(1 pg) Granting Motion for an Order Authorizing Payment
of "Gap" Compensation and Benefits and Directing
Financial Institution to Honor Checks for the
Payment of Same. Filed by Tiffany D Payne on
behalf of Debtor Eagan Avenatti LLP (related
document(s)37). (Payne, Tiffany) (Entered:
03/24/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
03/24/2017 05/17/2017)

03/31/2017 41 Second Motion to Extend Time to File Schedules,


(4 pgs) Statement of Financial Affairs, and the List of
Creditors Required by Fed. R. Bankr. P. 1007(a)(2)
Filed by Tiffany D Payne on behalf of Debtor Eagan
Avenatti LLP (related document(s)31, 33 ). (Payne,
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 14 of 143

Tiffany) (Entered: 03/31/2017). (Transferred From


Florida Middle 6:17-bk-01329-KSJ). (Corona,
Heidi) (Entered: 05/17/2017)

42 Order Granting Motion to Extend Time. This case


came on for consideration on the Second Motion to
Extend Time to File Schedules, Statement of
Financial Affairs, and the List of Creditors Required
by Fed. R. Bankr. P. 1007(a)(2) Filed by Tiffany D
Payne on behalf of Debtor Eagan Avenatti LLP
(related document(s)31, 33 ). (Document Number
40). It is ORDERED that the Motion is GRANTED,
and the time is extended to April 6, 2017. By the
Honorable Karen S. Jennemann (text-only order).
This entry is the Official Order of the Court. No
document is attached. CERTIFICATE OF SERVICE
via U.S. Mail to: Eagan Avenatti LLP,520 Newport
Center Drive #1400,New Port Beach, CA 92660
(related document(s)40). Service Instructions:
Clerks Office to serve. (Rutha) (Entered:
04/03/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ - NO PDF IMAGE
AVAILABLE). (Corona, Heidi) Modified on
04/03/2017 5/17/2017 (Corona, Heidi). (Entered: 05/17/2017)

43 Notice of Intent to Attend Rule 2004 Examination


(3 pgs) Duces Tecum of The UPS Store, Inc. via Web
Conferencing Filed by Isaac Marcushamer on behalf
of Creditor Jason Frank Law, PLC (related
document(s)26). (Marcushamer, Isaac) (Entered:
04/04/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/04/2017 05/17/2017)

44 Cross Notice of 2004 Examination of The UPS


(2 pgs) Store. and Request for Copies Filed by Jill E Kelso
on behalf of U.S. Trustee United States Trustee -
ORL (related document(s)26). (Kelso, Jill) (Entered:
04/06/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/06/2017 05/17/2017)

45 Cross Notice of 2004 Examination of Gerald Tobin.


(2 pgs) and Request for Copies Filed by U.S. Trustee United
States Trustee - ORL (related document(s)27).
(Kelso, Jill) (Entered: 04/06/2017). (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
04/06/2017 Heidi) (Entered: 05/17/2017)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 15 of 143

04/06/2017 46 Application to Employ Elizabeth A. Green and the


(7 pgs) Law Firm of Baker & Hostetler LLP as Chapter 11
Counsel Nunc Pro Tunc to March 10, 2017 Filed by
Elizabeth A Green on behalf of Debtor Eagan
Avenatti LLP (Green, Elizabeth) (Entered:
04/06/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
05/17/2017)

47 Verified Statement Pursuant to Rule 2014 of the


(5 pgs) Federal Rules of Bankruptcy Procedure in Support
of Application of Eagan Avenatti, LLP to Employ
Elizabeth A. Green and the Law Firm of Baker &
Hostetler LLP, as Counsel for the Debtor Nunc Pro
Tunc to March 10, 2017 Filed by Elizabeth A Green
on behalf of Debtor Eagan Avenatti LLP (related
document(s)45). (Green, Elizabeth) (Entered:
04/06/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/06/2017 05/17/2017)

48 Statement/Disclosure of Compensation of Attorney


(5 pgs) Pursuant to 11 U.S.C. § 329(a) and Federal Rules of
Bankruptcy Procedure 2016(b) Filed by Elizabeth A
Green on behalf of Debtor Eagan Avenatti LLP.
(Green, Elizabeth) (Entered: 04/06/2017).
(Transferred From Florida Middle 6:17-bk-01329-
04/06/2017 KSJ). (Corona, Heidi) (Entered: 05/17/2017)

50 Schedules A - H, and Summary of Schedules (Fee


(17 pgs) Paid.) Filed by Elizabeth A Green on behalf of
Debtor Eagan Avenatti LLP. (Green, Elizabeth)
(Entered: 04/06/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
04/06/2017 (Entered: 05/18/2017)

51 Declaration Under Penalty of Perjury for Non-


(1 pg) Individual Debtors (Official Form 202) Filed by
Debtor Eagan Avenatti LLP. (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
04/06/2017 Heidi) (Entered: 05/18/2017)

52 Statement of Financial Affairs for Non-Individual


(10 pgs) Filing for Bankruptcy (Official Form 107 or 207)
Filed by Debtor Eagan Avenatti LLP. (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
04/06/2017 Heidi) (Entered: 05/18/2017)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 16 of 143

04/06/2017 53 List of Equity Security Holders Filed by Debtor


(1 pg) Eagan Avenatti LLP. (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
(Entered: 05/18/2017)

54 Statement of Corporate Ownership filed. Corporate


(1 pg) parents added to case: Avenatti & Associates, APC.
Filed by Debtor Eagan Avenatti LLP. (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
04/06/2017 Heidi) (Entered: 05/18/2017)

55 Certificate of Mailing of Notice of Commencement


(3 pgs) of Case and Notice of Rescheduled Section 341
Meeting of Creditors to Additional Creditors Filed
by Tiffany D Payne on behalf of Debtor Eagan
Avenatti LLP (related document(s)14, 25).(Payne,
Tiffany) (Entered: 04/06/2017). (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
04/06/2017 Heidi) (Entered: 05/18/2017)

56 Amended Certificate of Service Re: Application to


(4 pgs) Employ Elizabeth A. Green and the Law Firm of
Baker & Hostetler LLP as Chapter 11 Counsel Nunc
Pro Tunc to March 10, 2017; Verified Statement
Pursuant to Rule 2014 of the Federal Rules of
Bankruptcy Procedure in Support of Application of
Eagan Avenatti, LLP to Employ Elizabeth A. Green
and the Law Firm of Baker & Hostetler LLP, as
Counsel for the Debtor Nunc Pro Tunc to March 10,
2017: and Statement/Disclosure of Compensation of
Attorney Pursuant to 11 U.S.C. § 329(a) and Federal
Rules of Bankruptcy Procedure 2016(b) Filed by
Elizabeth A Green on behalf of Debtor Eagan
Avenatti LLP (related document(s)47, 45, 46).
(Green, Elizabeth) (Entered: 04/07/2017).
(Transferred From Florida Middle 6:17-bk-01329-
04/07/2017 KSJ). (Corona, Heidi) (Entered: 05/18/2017)

57 Notice of Appearance and Request for Notice Filed


(2 pgs) by David H Stein on behalf of Creditor Wilentz,
Goldman & Spitzer, P.A.. (Stein, David) (Entered:
04/11/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/11/2017 05/18/2017)

04/13/2017 58 Motion to Transfer Case to Another District (re:


(11 pgs) Central District of California) or, in the Alternative,
to Dismiss Case. Filed by U.S. Trustee United States
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 17 of 143

Trustee - ORL. (Kelso, Jill) Modified on 4/14/2017


(Vivianne). (Entered: 04/13/2017). (Transferred
From Florida Middle 6:17-bk-01329-KSJ). (Corona,
Heidi) (Entered: 05/18/2017)

59 Notice of 2004 Examination of Corporate


(24 pgs) Representative of Global Baristas LLC. (Duces
Tecum) (Scheduled for May 22, 2017 at 11:30 a.m.
Filed by Isaac Marcushamer on behalf of Creditor
Jason Frank Law, PLC. (Marcushamer, Isaac)
(Entered: 04/17/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
04/17/2017 (Entered: 05/18/2017)

60 Notice of 2004 Examination of Corporate


(24 pgs) Representative of Global Baristas LLC. (Duces
Tecum) (Scheduled for May 22, 2017 at 11:30 a.m.
Filed by Isaac Marcushamer on behalf of Creditor
Jason Frank Law, PLC. (Marcushamer, Isaac)
(Entered: 04/17/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
04/17/2017 (Entered: 05/18/2017)

61 Notice of 2004 Examination of Corporate


(24 pgs) Representative of Doppio, Inc.. (Duces Tecum)
(Scheduled for May 22, 2017 at 1:30 p.m.) Filed by
Isaac Marcushamer on behalf of Creditor Jason
Frank Law, PLC. (Marcushamer, Isaac) (Entered:
04/17/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/17/2017 05/18/2017)

62 Notice of 2004 Examination of Debtor's principal,


(22 pgs) Michael J. Avenatti. (Duces Tecum) (Scheduled for
May 23, 2017 at 9:30 a.m.) Filed by Isaac
Marcushamer on behalf of Creditor Jason Frank
Law, PLC. (Marcushamer, Isaac) (Entered:
04/17/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/17/2017 05/18/2017)

04/17/2017 63 Notice of 2004 Examination of Avenatti &


(22 pgs) Associates, a Professional Corporation. (Duces
Tecum) (Scheduled for May 23, 2017 at 4:00 p.m.)
Filed by Isaac Marcushamer on behalf of Creditor
Jason Frank Law, PLC. (Marcushamer, Isaac)
(Entered: 04/17/2017). (Transferred From Florida

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 18 of 143

Middle 6:17-bk-01329-KSJ). (Corona, Heidi)


(Entered: 05/18/2017)

64 Notice of 2004 Examination of Debtor, Eagan


(12 pgs) Avenatti LLP. (Duces Tecum) (Scheduled for May
24, 2017 at 9:30 a.m.) Filed by Isaac Marcushamer
on behalf of Creditor Jason Frank Law, PLC.
(Marcushamer, Isaac) (Entered: 04/17/2017).
(Transferred From Florida Middle 6:17-bk-01329-
04/17/2017 KSJ). (Corona, Heidi) (Entered: 05/18/2017)

65 Notice of 2004 Examination of Judy Regnier.


(8 pgs) (Scheduled for May 25, 2017 at 9:30 a.m.) Filed by
Isaac Marcushamer on behalf of Creditor Jason
Frank Law, PLC. (Marcushamer, Isaac) (Entered:
04/17/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) (Entered:
04/17/2017 05/18/2017)

66 Notice of 2004 Examination of Corporate


(25 pgs; 4 docs) Representative of The X-Law Group, P.C.. (Duces
Tecum) (Scheduled for May 26, 2017 at 9:30 a.m.)
Filed by Isaac Marcushamer on behalf of Creditor
Jason Frank Law, PLC. (Marcushamer, Isaac)
(Entered: 04/17/2017). (Transferred From Florida
Middle 6:17-bk-01329-KSJ). (Corona, Heidi)
Additional attachment(s) added on 5/18/2017 (Law,
04/17/2017 Tamika). (Entered: 05/18/2017)

67 Notice of 2004 Examination of Filippo Marchino.


(24 pgs) (Duces Tecum) (Scheduled for May 26, 2017 at
11:30 a.m.) Filed by Isaac Marcushamer on behalf
of Creditor Jason Frank Law, PLC. (Marcushamer,
Isaac) (Entered: 04/17/2017).(Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
Heidi) Additional attachment(s) added on 5/18/2017
04/17/2017 (Law, Tamika). (Entered: 05/18/2017)

68 Notice of 2004 Examination of Damon Rogers.


(26 pgs) (Duces Tecum) (Scheduled for May 26, 2017 at 1:30
p.m.) Filed by Isaac Marcushamer on behalf of
Creditor Jason Frank Law, PLC. (Marcushamer,
Isaac) (Entered: 04/17/2017). (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
04/17/2017 Heidi) (Entered: 05/18/2017)

04/17/2017 69 Hearing Proceeding Memo: Hearing Held -


(2 pgs) APPEARANCES: Tiffany Payne (Debtor) Jill Kelso
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 19 of 143

(UST) Elyse Homer (Jason Frank Law, PLC)


RULING: (1) Status Conference (2) United States
Trustee's Motion to Transfer Case to Another
District (re: Central District of California) or, in the
Alternative, to Dismiss Case (Doc #56): Granted.
Order by Ms. Kelso. *PRO MEMO BY DLM*
Proposed Orders, if applicable, should be submitted
within three days after the date of the hearing -
Local Rule 9072-1(c). This docket entry/document
is not an official order of the Court. (Dkt) (Entered:
04/17/2017). (Transferred From Florida Middle
6:17-bk-01329-KSJ). (Corona, Heidi) Additional
attachment(s) added on 5/18/2017 (Corona, Heidi).
(Entered: 05/18/2017)

70 Order Granting Motion to Transfer Case to Another


(2 pgs) District. Case Transferred to Central District of
California, Santa Ana Division (Related Doc 56).
Service Instructions: Clerks Office to serve.
(Vivianne) The Case No. for Central District of
California, Santa Ana Division is: 8:17-bk-11961-
CB. Modified on 5/11/2017 (Vivianne). Modified on
5/17/2017 (Vivianne). (Entered: 04/21/2017).
(Transferred From Florida Middle 6:17-bk-01329-
04/21/2017 KSJ). (Corona, Heidi) (Entered: 05/18/2017)

71 Notice of Issuance of Subpoenas to Produce


(26 pgs) Documents, Information, or Objects or to Permit
Inspection of Premises in a Bankruptcy Case
(Peoples Bank, Biloxi, Mississippi and California
Bank & Trust) Filed by Isaac Marcushamer on
behalf of Creditor Jason Frank Law, PLC.
(Marcushamer, Isaac) (Entered: 04/21/2017).
(Transferred From Florida Middle 6:17-bk-01329-
04/21/2017 KSJ). (Corona, Heidi) (Entered: 05/18/2017)

72 BNC Certificate of Mailing - PDF Document.


(4 pgs) (related document(s) (Related Doc # 69)). Notice
Date 04/23/2017. (Admin.) (Entered: 04/24/2017).
(Transferred From Florida Middle 6:17-bk-01329-
04/23/2017 KSJ). (Corona, Heidi) (Entered: 05/18/2017)

73 Notice of Change of Address Filed by Creditor


(1 pg) Innovative Computing Systems. (Transferred From
Florida Middle 6:17-bk-01329-KSJ). (Corona,
05/08/2017 Heidi) (Entered: 05/18/2017)

05/16/2017
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 20 of 143

Judge Catherine E. Bauer added to case (Gonsales,


Otoniel) (Entered: 05/16/2017)

2 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Chenetz, Sara. (Chenetz, Sara)
05/17/2017 (Entered: 05/17/2017)

3 Order setting scheduling and case management


(4 pgs) conference - Status Conference set for 5/31/2017 @
10:00 a.m. (BNC-PDF) (Related Doc # doc ) Signed
on 5/17/2017 (Firman, Karen) Modified on
05/17/2017 5/18/2017 (Firman, Karen). (Entered: 05/17/2017)

4 Hearing Set on order setting scheduling and case


management conference - Status hearing to be held
on 5/31/2017 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
05/17/2017 05/17/2017)

49 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Kanesaka, Sheri. (Kanesaka, Sheri)
05/17/2017 (Entered: 05/17/2017)

74 Notice of transfer of case (Inter/Intra District


(1 pg) Transfer) (BNC) (Transferred From Florida Middle
(Orlando) 6:17-bk-01329-KSJ on 5/16/2017).
(Corona, Heidi) Modified on 5/18/2017 (Corona,
05/18/2017 Heidi). (Entered: 05/18/2017)

75 Meeting of Creditors 341(a) meeting to be held on


(2 pgs) 6/12/2017 at 10:00 AM at RM 1-154, 411 W Fourth
St., Santa Ana, CA 92701. (Corona, Heidi) (Entered:
05/19/2017 05/19/2017)

76 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Shariff, Najah. (Shariff, Najah)
05/19/2017 (Entered: 05/19/2017)

77 BNC Certificate of Notice - PDF Document. (RE:


(5 pgs) related document(s)3 Order on Generic Motion
(BNC-PDF)) No. of Notices: 3. Notice Date
05/19/2017 05/19/2017. (Admin.) (Entered: 05/19/2017)

05/20/2017 78 BNC Certificate of Notice (RE: related


(3 pgs) document(s)74 Notice of transfer of case (Inter/Intra

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 21 of 143

District Transfer) (BNC)) No. of Notices: 56. Notice


Date 05/20/2017. (Admin.) (Entered: 05/20/2017)

79 BNC Certificate of Notice (RE: related


(4 pgs) document(s)75 Meeting of Creditors Chapter 11 &
12) No. of Notices: 50. Notice Date 05/21/2017.
05/21/2017 (Admin.) (Entered: 05/21/2017)

80 Substitution of attorney Filed by Debtor Eagan


(3 pgs) Avenatti LLP. (Saunders, Robert) (Entered:
05/24/2017 05/24/2017)

81 Status report Filed by Debtor Eagan Avenatti LLP


(21 pgs) (RE: related document(s)3 Order on Generic Motion
(BNC-PDF)). (Saunders, Robert) (Entered:
05/24/2017 05/24/2017)

82 Proof of service of Order Setting Scheduling and


(4 pgs) Case Management Conference Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)3
Order on Generic Motion (BNC-PDF)). (Saunders,
05/24/2017 Robert) (Entered: 05/24/2017)

83 Monthly Operating Report. Operating Report


(19 pgs) Number: 1. For the Month Ending 3/31/2017 Filed
by Debtor Eagan Avenatti LLP. (Saunders, Robert)
05/25/2017 (Entered: 05/25/2017)

84 Monthly Operating Report. Operating Report


(19 pgs) Number: 2. For the Month Ending 4/30/2017 Filed
by Debtor Eagan Avenatti LLP. (Saunders, Robert)
05/25/2017 (Entered: 05/25/2017)

85 Application to Employ Pachulski Stang Ziehl &


(16 pgs) Jones LLP as Debtor's Attorney /Application of
Debtor and Debtor in Possession to Employ
Pachulski Stang Ziehl & Jones LLP as General
Bankruptcy Counsel Effective as of May 12, 2017
Filed by Debtor Eagan Avenatti LLP (Saunders,
05/26/2017 Robert) (Entered: 05/26/2017)

05/26/2017 86 Declaration re: /Declaration of Robert M. Saunders


(16 pgs) in Support of Application of Debtor and Debtor in
Possession to Employ Pachulski Stang Ziehl &
Jones LLP as General Bankruptcy Counsel Effective
as of May 12, 2017 Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)85 Application to
Employ Pachulski Stang Ziehl & Jones LLP as
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 22 of 143

Debtor's Attorney /Application of Debtor and


Debtor in Possession to Employ Pachulski Stang
Ziehl & Jones LLP as General Bankruptcy Counsel
Effective as of May 12, 2017). (Saunders, Robert)
(Entered: 05/26/2017)

87 Notice of motion/application /Notice of Filing of


(7 pgs) Application of Debtor and Debtor in Possession to
Employ Pachulski Stang Ziehl & Jones LLP as
General Bankruptcy Counsel Effective as of May 12,
2017 (relates to Docket No. 86) Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)85
Application to Employ Pachulski Stang Ziehl &
Jones LLP as Debtor's Attorney /Application of
Debtor and Debtor in Possession to Employ
Pachulski Stang Ziehl & Jones LLP as General
Bankruptcy Counsel Effective as of May 12, 2017
Filed by Debtor Eagan Avenatti LLP). (Saunders,
05/26/2017 Robert) (Entered: 05/26/2017)

88 Disclosure of Compensation of Attorney for Debtor


(3 pgs) (Official Form 2030) Filed by Debtor Eagan
Avenatti LLP. (Saunders, Robert) (Entered:
05/26/2017 05/26/2017)

89 Statement Response to Debtor's Chapter 11 Status


(97 pgs; 2 docs) Report, Dated May 24, 2017; Declaration of Jason
M. Frank in Support Filed by Creditor Jason Frank
Law, PLC and Scott Sims. (Attachments: # 1
Declaration of Jason M. Frank) (Chenetz, Sara)
05/26/2017 (Entered: 05/26/2017)

90 Proof of service Filed by Creditor Jason Frank Law,


(3 pgs) PLC and Scott Sims (RE: related document(s)89
05/26/2017 Statement). (Chenetz, Sara) (Entered: 05/26/2017)

91 Stipulation By Eagan Avenatti LLP and United


(10 pgs) States of America on behalf of the Internal Revenue
Service - Interim Stipulation Permitting Use Of
Cash Collateral And Providing Adequate Protection
For The United States Of America On Behalf Of The
Internal Revenue Service Filed by Debtor Eagan
Avenatti LLP (Saunders, Robert) (Entered:
05/31/2017 05/31/2017)

05/31/2017 92 Statement Regarding Cash Collateral or Debtor in


(6 pgs) Possession Financing [FRBP 4001; LBR 4001-2]
[related to Dkt. No. 91] Filed by Debtor Eagan
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 23 of 143

Avenatti LLP. (Saunders, Robert) (Entered:


05/31/2017)

93 Motion Debtors Motion For An Order Approving


(15 pgs) Interim Stipulation Permitting Use Of Cash
Collateral And Providing Adequate Protection For
The United States Of America On Behalf Of The
Internal Revenue Service; Declaration Of Michael J.
Avenatti in Support Thereof [Related to Dkt No. 91]
Filed by Debtor Eagan Avenatti LLP (Saunders,
05/31/2017 Robert) (Entered: 05/31/2017)

94 Notice of Hearing On Debtors Motion For An Order


(6 pgs) Approving Interim Stipulation Permitting Use Of
Cash Collateral And Providing Adequate Protection
For The United States Of America On Behalf Of The
Internal Revenue Service Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)93 Motion
Debtors Motion For An Order Approving Interim
Stipulation Permitting Use Of Cash Collateral And
Providing Adequate Protection For The United
States Of America On Behalf Of The Internal
Revenue Service; Declaration Of Michael J.
Avenatti in Support Thereof [Related to Dkt No. 91]
Filed by Debtor Eagan Avenatti LLP). (Saunders,
05/31/2017 Robert) (Entered: 05/31/2017)

97 Hearing Continued on scheduling and case


management conference - Status hearing to be held
on 7/26/2017 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
05/31/2017 06/01/2017)

95 Notice of Hearing Amended Notice of Hearing Filed


(5 pgs) by Debtor Eagan Avenatti LLP (RE: related
document(s)93 Motion Debtors Motion For An
Order Approving Interim Stipulation Permitting Use
Of Cash Collateral And Providing Adequate
Protection For The United States Of America On
Behalf Of The Internal Revenue Service;
Declaration Of Michael J. Avenatti in Support
Thereof [Related to Dkt No. 91] Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
06/01/2017 06/01/2017)

06/01/2017 96 Hearing Set (RE: related document(s)93 Generic


Motion filed by Debtor Eagan Avenatti LLP) The
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 24 of 143

Hearing date is set for 6/21/2017 at 10:00 AM at


Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Firman,
Karen) (Entered: 06/01/2017)

98 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Symons, Michael. (Symons,
06/05/2017 Michael) (Entered: 06/05/2017)

99 Monthly Operating Report. Operating Report


(31 pgs) Number: Amended No. 1. For the Month Ending
March 31, 2017 Filed by Debtor Eagan Avenatti
06/07/2017 LLP. (Saunders, Robert) (Entered: 06/07/2017)

100 Monthly Operating Report. Operating Report


(27 pgs) Number: Amended No. 1. For the Month Ending
April 30, 2017 Filed by Debtor Eagan Avenatti LLP.
06/07/2017 (Saunders, Robert) (Entered: 06/07/2017)

101 Opposition to (related document(s): 85 Application


(4 pgs) to Employ Pachulski Stang Ziehl & Jones LLP as
Debtor's Attorney /Application of Debtor and
Debtor in Possession to Employ Pachulski Stang
Ziehl & Jones LLP as General Bankruptcy Counsel
Effective as of May 12, 2017 filed by Debtor Eagan
Avenatti LLP) Limited Objection of U.S. Trustee To
Application of Debtor To Employ Pachulski Stang
Ziehl & Jones As General Bankruptcy Counsel Filed
by U.S. Trustee United States Trustee (SA) (Hauser,
06/07/2017 Michael) (Entered: 06/07/2017)

102 Summary of Assets and Liabilities for Non-


(26 pgs) Individual (Official Form 106Sum or 206Sum)
Submission of Amended Schedules B, D, E, F and G
Filed by Debtor Eagan Avenatti LLP. (Saunders,
Robert) WARNING: Item subsequently amended by
docket entry #103. Modified on 6/8/2017 (Firman,
06/07/2017 Karen). (Entered: 06/07/2017)

06/08/2017 103 Notice to Filer of Error and/or Deficient Document


Event code was incorrectly selected for filings
requiring no filing fee, however, the document
filed indicates that a filing fee is due. THE
FILER IS INSTRUCTED TO RE-FILE THE
DOCUMENT USING THE CORRECT FEE
EVENT CODE. (RE: related document(s)102
Summary of Assets and Liabilities (Official Form

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 25 of 143

106Sum or 206Sum) filed by Debtor Eagan Avenatti


LLP) (Firman, Karen) (Entered: 06/08/2017)

104 Summary of Assets and Liabilities for Non-


(1 pg) Individual (Official Form 106Sum or 206Sum)
Amended Filed by Debtor Eagan Avenatti LLP.
06/08/2017 (Saunders, Robert) (Entered: 06/08/2017)

105 Amended Schedule A/B for Non-Individual:


(10 pgs) Property (Official Form 106A/B or 206A/B) Filed
by Debtor Eagan Avenatti LLP. (Saunders, Robert)
06/08/2017 (Entered: 06/08/2017)

106 Amending Schedules (D) Filed by Debtor Eagan


(6 pgs) Avenatti LLP. (Saunders, Robert) WARNING: Item
subsequently amended by docket entry 113 .
Modified on 6/8/2017 (Bustillos, Denise). (Entered:
06/08/2017 06/08/2017)

Receipt of Amending Schedules D and/or E/F


(Official Form 106D, 106E/F, 206D, or 206E/F)
(Fee)(8:17-bk-11961-CB) [misc,amdsch] ( 31.00)
Filing Fee. Receipt number 44976108. Fee amount
31.00. (re: Doc# 106) (U.S. Treasury) (Entered:
06/08/2017 06/08/2017)

107 Amending Schedules (E/F) Filed by Debtor Eagan


(13 pgs) Avenatti LLP. (Saunders, Robert) WARNING: Item
subsequently amended by docket entry 113 .
Modified on 6/8/2017 (Bustillos, Denise). (Entered:
06/08/2017 06/08/2017)

Receipt of Amending Schedules D and/or E/F


(Official Form 106D, 106E/F, 206D, or 206E/F)
(Fee)(8:17-bk-11961-CB) [misc,amdsch] ( 31.00)
Filing Fee. Receipt number 44976198. Fee amount
31.00. (re: Doc# 107) (U.S. Treasury) (Entered:
06/08/2017 06/08/2017)

108 Schedule G Non-Individual: Executory Contracts


(6 pgs) and Unexpired Leases (Official Form 106G or
206G) Amended Filed by Debtor Eagan Avenatti
06/08/2017 LLP. (Saunders, Robert) (Entered: 06/08/2017)

109 Supplemental Creditor Matrix Filed by Debtor


(2 pgs) Eagan Avenatti LLP. (Saunders, Robert) (Entered:
06/08/2017 06/08/2017)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 26 of 143

06/08/2017 110 Amendment to List of Creditors. Fee Amount $31


(2 pgs) Filed by Debtor Eagan Avenatti LLP. (Saunders,
Robert) (Entered: 06/08/2017)

Receipt of Amended List of Creditors (Fee)(8:17-


bk-11961-CB) [misc,amdcm] ( 31.00) Filing Fee.
Receipt number 44976813. Fee amount 31.00. (re:
06/08/2017 Doc# 110) (U.S. Treasury) (Entered: 06/08/2017)

111 Proof of service Filed by Debtor Eagan Avenatti


(3 pgs) LLP (RE: related document(s)104 Summary of
Assets and Liabilities (Official Form 106Sum or
206Sum), 105 Schedule A/B: Property (Official
Form 106A/B or 206A/B), 106 Amending Schedules
D and/or E/F (Official Form 106D, 106E/F, 206D, or
206E/F) (Fee), 107 Amending Schedules D and/or
E/F (Official Form 106D, 106E/F, 206D, or 206E/F)
(Fee), 108 Schedule G: Executory Contracts and
Unexpired Leases (Official Form 106G or 206G),
109 Supplemental). (Saunders, Robert) (Entered:
06/08/2017 06/08/2017)

112 Stipulation By Eagan Avenatti LLP and U.S. Trustee


(5 pgs) Resolving Limited Objection of U.S. Trustee to
Application to Employ Pachulski Stang Ziehl &
Jones LLP as General Bankruptcy Counsel (relates
to Docket Nos. 85 and 101) Filed by Debtor Eagan
Avenatti LLP (Saunders, Robert) (Entered:
06/08/2017 06/08/2017)

113 Notice to Filer of Correction Made/No Action


Required: Other - THE ATTORNEY DID NOT
FILE THE MANDATORY FORM FOR
SUMMARY OF AMENDED SCHEDULES,
MASTER MAILING LIST, AND/OR
STATEMENTS FORM - [LBR 1007-1(c)]. THIS
ENTRY IS PROVIDED FOR FUTURE
REFERENCE. (RE: related document(s)106
Amending Schedules D and/or E/F (Official Form
106D, 106E/F, 206D, or 206E/F) (Fee) filed by
Debtor Eagan Avenatti LLP, 107 Amending
Schedules D and/or E/F (Official Form 106D,
106E/F, 206D, or 206E/F) (Fee) filed by Debtor
Eagan Avenatti LLP) (Bustillos, Denise) (Entered:
06/08/2017 06/08/2017)

06/09/2017 114 Exhibit /Exhibit to Bankruptcy Schedule B.75 Filed


(5 pgs) by Debtor Eagan Avenatti LLP (RE: related
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 27 of 143

document(s)105 Schedule A/B: Property (Official


Form 106A/B or 206A/B)). (Saunders, Robert)
(Entered: 06/09/2017)

115 Declaration re: Declaration of Jeremy V. Richards in


(5 pgs) Support of Application of Debtor and Debtor in
Possession to Employ Pachulski Stang Ziehl &
Jones LLP as General Bankruptcy Counsel
Efffective as of May 12, 2017 Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)85
Application to Employ Pachulski Stang Ziehl &
Jones LLP as Debtor's Attorney /Application of
Debtor and Debtor in Possession to Employ
Pachulski Stang Ziehl & Jones LLP as General
Bankruptcy Counsel Effective as of May 12, 2017).
06/09/2017 (Saunders, Robert) (Entered: 06/09/2017)

116 Opposition to (related document(s): 93 Motion


(6 pgs) Debtors Motion For An Order Approving Interim
Stipulation Permitting Use Of Cash Collateral And
Providing Adequate Protection For The United
States Of America On Behalf Of The Internal
Revenue Service; Declaration Of Michael J.
Avenatti in Sup filed by Debtor Eagan Avenatti LLP)
Filed by Creditor Jason Frank Law, PLC and Scott
06/09/2017 Sims (Chenetz, Sara) (Entered: 06/09/2017)

117 Supplemental Supplement to Interim Stipulation


(7 pgs) Permitting Use of Cash Collateral and Providing
Adequate Protection for the United States of
America on Behalf of the Internal Revenue Service
[Docket 91] Filed by Debtor Eagan Avenatti LLP.
06/13/2017 (Saunders, Robert) (Entered: 06/13/2017)

118 Reply to (related document(s): 116 Opposition filed


(54 pgs) by Creditor Jason Frank Law, PLC and Scott Sims)
Reply of the United States of America to Opposition
of Unsecured Creditors Jason Frank Law, PLC and
Scott Sims to Debtor's Motion for an Order
Approving Interim Cash Collateral Stipulation and
Providing Adequate Protection; and Declaration of
Maria R. Galvan in Support Thereof with Proof of
Service Filed by Creditor United States of America
on Behalf of Internal Revenue Service (Shariff,
06/14/2017 Najah) (Entered: 06/14/2017)

06/14/2017 119 Reply to (related document(s): 91 Stipulation By


(15 pgs) Eagan Avenatti LLP and United States of America
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 28 of 143

on behalf of the Internal Revenue Service - Interim


Stipulation Permitting Use Of Cash Collateral And
Providing Adequate Protection For The United
States Of America On Behalf Of The I filed by
Debtor Eagan Avenatti LLP, 93 Motion Debtors
Motion For An Order Approving Interim Stipulation
Permitting Use Of Cash Collateral And Providing
Adequate Protection For The United States Of
America On Behalf Of The Internal Revenue
Service; Declaration Of Michael J. Avenatti in Sup
filed by Debtor Eagan Avenatti LLP, 116 Opposition
filed by Creditor Jason Frank Law, PLC and Scott
Sims, 118 Reply filed by Creditor United States of
America on Behalf of Internal Revenue Service)
Debtor's Reply To Jason Frank Law, PLC And Scott
Sims Opposition To Debtors Motion For Order
Approving Interim Cash Collateral Stipulation And
Providing Adequate Protection; Declaration Of
Michael J. Avenatti Filed by Debtor Eagan Avenatti
LLP (Saunders, Robert) (Entered: 06/14/2017)

120 Notice of Appointment of Creditors' Committee


(3 pgs) Filed by United States Trustee. (Cadigan, Frank)
06/16/2017 (Entered: 06/16/2017)

121 Motion to Extend Time Debtors Notice Of Expedited


(51 pgs) Motion And Expedited Motion For An Order
Extending Deadline To Assume, Assume And Assign
Or Reject Nonresidential Real Property Leases
Pursuant To 11 U.S.C. § 365(D)(4); Declaration Of
Michael J. Avenatti In Support Thereof Filed by
Debtor Eagan Avenatti LLP (Saunders, Robert)
06/16/2017 (Entered: 06/16/2017)

122 Motion to Expedite Hearing (related documents 121


(61 pgs) Motion to Extend Time) Application For Order
Shortening Notice Period For Hearing On Debtors
Expedited Motion For Order Extending Deadline To
Assume, Assume And Assign Or Reject
Nonresidential Real Property Leases Pursuant To 11
U.S.C. § 365(D)(4); Declaration Of Robert M.
Saunders In Support Thereof Filed by Debtor Eagan
Avenatti LLP (Saunders, Robert) (Entered:
06/16/2017 06/16/2017)

06/16/2017 123 Notice of lodgment of Order Granting Application


(8 pgs) and Setting Hearing on Shortened Notice Filed by
Debtor Eagan Avenatti LLP (RE: related

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 29 of 143

document(s)122 Motion to Expedite Hearing


(related documents 121 Motion to Extend Time)
Application For Order Shortening Notice Period
For Hearing On Debtors Expedited Motion For
Order Extending Deadline To Assume, Assume And
Assign Or Reject Nonresidential Real Property
Leases Pursuant To 11 U.S.C. § 365(D)(4);
Declaration Of Robert M. Saunders In Support
Thereof Filed by Debtor Eagan Avenatti LLP).
(Saunders, Robert) (Entered: 06/16/2017)

124 Declaration re: Declaration Of Robert M. Saunders


(29 pgs) With Respect To Resolved Conditional Request For
Hearing By The United States Trustee Regarding
Application Of Debtor And Debtor In Possession To
Employ Pachulski Stang Ziehl & Jones LLP As
General Bankruptcy Counsel Effective As Of May
12, 2017 Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)85 Application to Employ
Pachulski Stang Ziehl & Jones LLP as Debtor's
Attorney /Application of Debtor and Debtor in
Possession to Employ Pachulski Stang Ziehl &
Jones LLP as General Bankruptcy Counsel Effective
as of May 12, 2017). (Saunders, Robert) (Entered:
06/19/2017 06/19/2017)

125 Notice of lodgment of Order Approving Debtor's


(6 pgs) Application to Employ Pachulski Stang Ziehl &
Jones LLP as Bankruptcy Counsel, Effective as of
May 12, 2017 Filed by Debtor Eagan Avenatti LLP
(RE: related document(s)124 Declaration re:
Declaration Of Robert M. Saunders With Respect To
Resolved Conditional Request For Hearing By The
United States Trustee Regarding Application Of
Debtor And Debtor In Possession To Employ
Pachulski Stang Ziehl & Jones LLP As General
Bankruptcy Counsel Effective As Of May 12, 2017
Filed by Debtor Eagan Avenatti LLP (RE: related
document(s)85 Application to Employ Pachulski
Stang Ziehl & Jones LLP as Debtor's Attorney
/Application of Debtor and Debtor in Possession to
Employ Pachulski Stang Ziehl & Jones LLP as
General Bankruptcy Counsel Effective as of May 12,
06/19/2017 2017).). (Saunders, Robert) (Entered: 06/19/2017)

06/19/2017 126 Monthly Operating Report. Operating Report


(36 pgs) Number: 3. For the Month Ending May 31, 2017

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 30 of 143

Filed by Debtor Eagan Avenatti LLP. (Saunders,


Robert) (Entered: 06/19/2017)

127 Order granting application and setting hearing on


(4 pgs) shortened notice re: Debtor's expedited motion for
an order extending deadline to assume, assume or
reject nonresidential real property leases pursuant to
11 U.S.C. Section 365(d)(4) (BNC-PDF) (Related
Doc # 122) Signed on 6/20/2017. The Hearing date
is set for 6/28/2017 at 10:00 AM at Crtrm 5D, 411
W Fourth St., Santa Ana, CA 92701. The case judge
is Catherine E. Bauer (Firman, Karen) (Entered:
06/20/2017 06/20/2017)

128 Hearing Set (RE: related document(s)121 Motion to


Extend Time filed by Debtor Eagan Avenatti LLP)
The Hearing date is set for 6/28/2017 at 10:00 AM
at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer
06/20/2017 (Firman, Karen) (Entered: 06/20/2017)

129 Notice of Hearing on Debtor's Expedited Motion for


(9 pgs) an Order Extending Deadline to Assume, Assume
and Assign or Reject Nonresidential Real Property
Leases Pursuant to 11 U.S.C. section 365(d)(4) Filed
by Debtor Eagan Avenatti LLP (RE: related
document(s)121 Motion to Extend Time Debtors
Notice Of Expedited Motion And Expedited Motion
For An Order Extending Deadline To Assume,
Assume And Assign Or Reject Nonresidential Real
Property Leases Pursuant To 11 U.S.C. § 365(D)(4);
Declaration Of Michael J. Avenatti In Support
Thereof Filed by Debtor Eagan Avenatti LLP).
06/20/2017 (Saunders, Robert) (Entered: 06/20/2017)

130 Proof of service Supplemental Proof of Service Filed


(3 pgs) by Debtor Eagan Avenatti LLP (RE: related
document(s)121 Motion to Extend Time Debtors
Notice Of Expedited Motion And Expedited Motion
For An Order Extending Deadline To Assume,
Assume And Assign Or Reject Nonresidential Real
Property Leases Pursuant To 11 U.S.C. § 365(D)(4);
Declaration Of Michael J., 129 Notice of Hearing).
06/20/2017 (Saunders, Robert) (Entered: 06/20/2017)

06/21/2017 131 Declaration re: Declaration of Beth Dassa re


(5 pgs) Telephonic Notice of Hearing Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)121 Motion
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 31 of 143

to Extend Time Debtors Notice Of Expedited Motion


And Expedited Motion For An Order Extending
Deadline To Assume, Assume And Assign Or Reject
Nonresidential Real Property Leases Pursuant To 11
U.S.C. § 365(D)(4); Declaration Of Michael J., 122
Motion to Expedite Hearing (related documents 121
Motion to Extend Time) Application For Order
Shortening Notice Period For Hearing On Debtors
Expedited Motion For Order Extending Deadline To
Assume, Assume And Assign Or Reject
Nonresidential Real, 127 Order on Motion to
Expedite Hearing (BNC-PDF)). (Saunders, Robert)
(Entered: 06/21/2017)

139 Hearing Held - MOTION GRANTED; Order by


attorney (RE: related document(s)93 Generic
Motion filed by Debtor Eagan Avenatti LLP)
06/21/2017 (Firman, Karen) (Entered: 06/26/2017)

132 Declaration re: Declaration Of Sophia Lee Re


(5 pgs) Service Of: (1) Order Granting Application And
Setting Hearing On Shortened Notice; (2) Notice Of
Hearing On Debtors Expedited Motion For An
Order Extending Deadline To Assume, Assume And
Assign Or Reject Nonresidential Real Property
Leases Pursuant To 11 U.S.C. § 365(D)(4); And (3)
Declaration Of Beth Dassa Re: Telephonic Notice
Of Hearing On Debtors Expedited Motion For An
Order Extending Deadline To Assume, Assume And
Assign Or Reject Nonresidential Real Property
Leases Pursuant To 11 U.S.C. § 365(D)(4) Filed by
Debtor Eagan Avenatti LLP (RE: related
document(s)127 Order on Motion to Expedite
Hearing (BNC-PDF)). (Saunders, Robert) (Entered:
06/22/2017 06/22/2017)

06/22/2017 133 Declaration re: Declaration Of Myra Kulick Re


(6 pgs) Service Of Debtors Expedited Motion For An Order
Extending Deadline To Assume, Assume And Assign
Or Reject Nonresidential Real Property Leases
Pursuant To 11 U.S.C. § 365(d)(4) Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)121
Motion to Extend Time Debtors Notice Of Expedited
Motion And Expedited Motion For An Order
Extending Deadline To Assume, Assume And Assign
Or Reject Nonresidential Real Property Leases
Pursuant To 11 U.S.C. § 365(D)(4); Declaration Of

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 32 of 143

Michael J.). (Saunders, Robert) (Entered:


06/22/2017)

134 Order approving Debtor's application to employ


(2 pgs) Pachulski Stang Ziehl & Jones LLP., as Bankruptcy
Counsel (BNC-PDF) (Related Doc # 85) Signed on
06/22/2017 6/22/2017. (Firman, Karen) (Entered: 06/22/2017)

135 Declaration re: Amended Declaration of Sophia Lee


(6 pgs) re Service Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)127 Order on Motion to
Expedite Hearing (BNC-PDF), 132 Declaration).
06/22/2017 (Saunders, Robert) (Entered: 06/22/2017)

136 BNC Certificate of Notice - PDF Document. (RE:


(5 pgs) related document(s)127 Order on Motion to
Expedite Hearing (BNC-PDF)) No. of Notices: 2.
Notice Date 06/22/2017. (Admin.) (Entered:
06/22/2017 06/22/2017)

137 Notice of lodgment of Order Approving Interim


(8 pgs) Stipulation Permitting Use of Cash Collateral and
Providing Adequate Protection for The United States
of America on Behalf of The Internal Revenue
Servicem as Supplemented Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)93 Motion
Debtors Motion For An Order Approving Interim
Stipulation Permitting Use Of Cash Collateral And
Providing Adequate Protection For The United
States Of America On Behalf Of The Internal
Revenue Service; Declaration Of Michael J.
Avenatti in Support Thereof [Related to Dkt No. 91]
Filed by Debtor Eagan Avenatti LLP). (Saunders,
06/23/2017 Robert) (Entered: 06/23/2017)

138 BNC Certificate of Notice - PDF Document. (RE:


(3 pgs) related document(s)134 Order on Application to
Employ (BNC-PDF)) No. of Notices: 2. Notice Date
06/24/2017 06/24/2017. (Admin.) (Entered: 06/24/2017)

141 Hearing Held - MOTION GRANTED; Order by


attorney (RE: related document(s)121 Motion to
Extend Time filed by Debtor Eagan Avenatti LLP)
06/28/2017 (Firman, Karen) (Entered: 06/29/2017)

06/29/2017 140 Order granting expedited motion extending deadline


(2 pgs) to assume, assume and assing, or reject

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 33 of 143

nonresidential real property leases pursuant to 11


U.S.C. Section 365(d)(4) (Entered: 06/29/2017)

142 BNC Certificate of Notice - PDF Document. (RE:


(3 pgs) related document(s)140 Order on Motion to Extend
Time (Generic) (BNC-PDF)) No. of Notices: 2.
Notice Date 07/01/2017. (Admin.) (Entered:
07/01/2017 07/01/2017)

143 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Celentino, Christopher. (Celentino,
07/05/2017 Christopher) (Entered: 07/05/2017)

144 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Bistrow, Mikel. (Bistrow, Mikel)
07/05/2017 (Entered: 07/05/2017)

145 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Bowie, Peter. (Bowie, Peter)
07/05/2017 (Entered: 07/05/2017)

146 Motion to Extend Exclusivity Period for Filing a


(16 pgs) Chapter 11 Plan and Disclosure Statement Notice Of
Motion And Motion For Order Extending Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy
Code; Memorandum Of Points And Authorities;
Declaration Of Michael J. Avenatti In Support Of
Motion Filed by Debtor Eagan Avenatti LLP
07/05/2017 (Saunders, Robert) (Entered: 07/05/2017)

147 Summary of Assets and Liabilities for Non-


(2 pgs) Individual (Official Form 106Sum or 206Sum)
/Amended Summary of Assets and Liabilities Filed
by Debtor Eagan Avenatti LLP. (Saunders, Robert)
07/11/2017 (Entered: 07/11/2017)

148 Summary of Assets and Liabilities for Non-


(2 pgs) Individual (Official Form 106Sum or 206Sum)
/Amended Summary of Assets and Liabilities
(Corrected) relates to 147 Filed by Debtor Eagan
Avenatti LLP. (Saunders, Robert) (Entered:
07/11/2017 07/11/2017)

07/11/2017 149 Amended Schedule A/B for Non-Individual:


(15 pgs) Property (Official Form 106A/B or 206A/B) Filed

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 34 of 143

by Debtor Eagan Avenatti LLP. (Saunders, Robert)


(Entered: 07/11/2017)

150 Amending Schedules (D) /Amended Schedule D


(6 pgs) Filed by Debtor Eagan Avenatti LLP. (Saunders,
07/11/2017 Robert) (Entered: 07/11/2017)

Receipt of Amending Schedules D and/or E/F


(Official Form 106D, 106E/F, 206D, or 206E/F)
(Fee)(8:17-bk-11961-CB) [misc,amdsch] ( 31.00)
Filing Fee. Receipt number 45178444. Fee amount
31.00. (re: Doc# 150) (U.S. Treasury) (Entered:
07/11/2017 07/11/2017)

151 Amending Schedules (E/F) /Amended Schedules E-F


(14 pgs) Filed by Debtor Eagan Avenatti LLP. (Saunders,
07/11/2017 Robert) (Entered: 07/11/2017)

Receipt of Amending Schedules D and/or E/F


(Official Form 106D, 106E/F, 206D, or 206E/F)
(Fee)(8:17-bk-11961-CB) [misc,amdsch] ( 31.00)
Filing Fee. Receipt number 45178457. Fee amount
31.00. (re: Doc# 151) (U.S. Treasury) (Entered:
07/11/2017 07/11/2017)

152 Schedule G Non-Individual: Executory Contracts


(6 pgs) and Unexpired Leases (Official Form 106G or
206G) /Amended Schedule G Filed by Debtor Eagan
Avenatti LLP. (Saunders, Robert) (Entered:
07/11/2017 07/11/2017)

153 Amendment to List of Creditors. /Supplemental


(2 pgs) Creditor Matrix Fee Amount $31 Filed by Debtor
Eagan Avenatti LLP. (Saunders, Robert) (Entered:
07/11/2017 07/11/2017)

Receipt of Amended List of Creditors (Fee)(8:17-


bk-11961-CB) [misc,amdcm] ( 31.00) Filing Fee.
Receipt number 45178480. Fee amount 31.00. (re:
07/11/2017 Doc# 153) (U.S. Treasury) (Entered: 07/11/2017)

07/12/2017 154 Proof of service /Proof of Service of: Amended


(3 pgs) Schedule E/F and Amended Schedule G Filed by
Debtor Eagan Avenatti LLP (RE: related
document(s)151 Amending Schedules D and/or E/F
(Official Form 106D, 106E/F, 206D, or 206E/F)
(Fee), 152 Schedule G: Executory Contracts and

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 35 of 143

Unexpired Leases (Official Form 106G or 206G)).


(Saunders, Robert) (Entered: 07/12/2017)

155 Notice of motion and motion for relief from


(50 pgs; 3 docs) automatic stay with supporting declarations
ACTION IN NON-BANKRUPTCY FORUM RE:
Jason Frank Law, PLC v. Eagan Avenatti, LLP. Fee
Amount $181, Filed by Creditor Jason Frank Law,
PLC (Attachments: # 1 Continued Declaration of
Jason Frank # 2 Exhibits 1-6) (Chenetz, Sara)
07/12/2017 (Entered: 07/12/2017)

Receipt of Motion for Relief from Stay - ACTION


IN NON-BANKRUPTCY FORUM(8:17-bk-11961-
CB) [motion,nman] ( 181.00) Filing Fee. Receipt
number 45186117. Fee amount 181.00. (re: Doc#
07/12/2017 155) (U.S. Treasury) (Entered: 07/12/2017)

156 Memorandum of points and authorities in Support of


(23 pgs) Motion for Relief from Automatic Stay (Non-
Bankruptcy Forum) Filed by Creditor Jason Frank
07/12/2017 Law, PLC. (Chenetz, Sara) (Entered: 07/12/2017)

157 Request for judicial notice in Support of Motion for


(50 pgs; 3 docs) Relief From Automatic Stay (Non-Bankruptcy
Forum) Filed by Creditor Jason Frank Law, PLC
(RE: related document(s)155 Notice of motion and
motion for relief from automatic stay with
supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Jason Frank Law,
PLC v. Eagan Avenatti, LLP. Fee Amount $181,,
156 Memorandum of points and authorities).
(Attachments: # 1 Exhibit 1 # 2 Exhibits 2-3)
07/12/2017 (Chenetz, Sara) (Entered: 07/12/2017)

158 Notice of Appearance and Request for Notice with


(2 pgs) Proof of Service by Thomas J Polis Filed by Creditor
Stoll, Nussbaum & Polakov, APC. (Polis, Thomas)
07/13/2017 (Entered: 07/13/2017)

07/13/2017 159 Hearing Set (RE: related document(s)155 Motion


for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Jason
Frank Law, PLC) The Hearing date is set for
8/2/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
07/13/2017)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 36 of 143

160 Errata to Exhibit 1 to the Continuation of


(41 pgs; 2 docs) Declaration of Jason Frank in Support of Motion for
Relief from Automatic Stay (Non-Bankruptcy
Forum) Filed by Creditor Jason Frank Law, PLC
(RE: related document(s)155 Notice of motion and
motion for relief from automatic stay with
supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Jason Frank Law,
PLC v. Eagan Avenatti, LLP. Fee Amount $181,).
(Attachments: # 1 Exhibits 1-6) (Chenetz, Sara)
07/13/2017 (Entered: 07/13/2017)

161 Statement of Financial Affairs for Non-Individual


(23 pgs) Filing for Bankruptcy (Official Form 107 or 207)
/Amended Statement of Financial Affairs--related to
doc 52 Filed by Debtor Eagan Avenatti LLP.
07/13/2017 (Saunders, Robert) (Entered: 07/13/2017)

162 Monthly Operating Report. Operating Report


(31 pgs) Number: 4. For the Month Ending June 30, 2017
Filed by Debtor Eagan Avenatti LLP. (Saunders,
07/17/2017 Robert) (Entered: 07/17/2017)

163 Stipulation By Jason Frank Law, PLC and Debtor,


(4 pgs) Eagan Avenatti and Official Committee of
Unsecured Creditors to Continue Hearing on
Motion for Relief from Automatic Stay (Action in
Non-Bankruptcy Forum) Filed by Creditor Jason
Frank Law, PLC (Chenetz, Sara) (Entered:
07/18/2017 07/18/2017)

164 Notice of lodgment of Order Approving Stipulation


(5 pgs) to Continue Hearing on Motion for Relief From
Automatic Stay (Action in Non-Bankruptcy Forum)
Filed by Creditor Jason Frank Law, PLC (RE:
related document(s)163 Stipulation By Jason Frank
Law, PLC and Debtor, Eagan Avenatti and Official
Committee of Unsecured Creditors to Continue
Hearing on Motion for Relief from Automatic Stay
(Action in Non-Bankruptcy Forum) Filed by
Creditor Jason Frank Law, PLC). (Chenetz, Sara)
07/18/2017 (Entered: 07/18/2017)

07/18/2017 165 Opposition to (related document(s): 146 Motion to


(7 pgs) Extend Exclusivity Period for Filing a Chapter 11
Plan and Disclosure Statement Notice Of Motion
And Motion For Order Extending Time Periods

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 37 of 143

During Which Debtor Has Exclusive Right To File A


Plan And Solicit Acceptances Of It Pursuant To Se
filed by Debtor Eagan Avenatti LLP) and Request
for Hearing Filed by Creditor Jason Frank Law,
PLC (Chenetz, Sara) (Entered: 07/18/2017)

166 Response to (related document(s): 155 Notice of


(7 pgs) motion and motion for relief from automatic stay
with supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Jason Frank Law,
PLC v. Eagan Avenatti, LLP. Fee Amount $181,
filed by Creditor Jason Frank Law, PLC) Filed by
Creditor Committee Official Committee of Creditors
Holding Unsecured Claims (Celentino, Christopher)
07/19/2017 (Entered: 07/19/2017)

167 Reply to (related document(s): 146 Motion to


(5 pgs) Extend Exclusivity Period for Filing a Chapter 11
Plan and Disclosure Statement Notice Of Motion
And Motion For Order Extending Time Periods
During Which Debtor Has Exclusive Right To File A
Plan And Solicit Acceptances Of It Pursuant To Se
filed by Debtor Eagan Avenatti LLP) Joinder in
Support Filed by Creditor Committee Official
Committee of Creditors Holding Unsecured Claims
07/19/2017 (Celentino, Christopher) (Entered: 07/19/2017)

168 Status report Debtor's Second Chapter 11 Status


(19 pgs) Report Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)3 Order on Generic Motion
(BNC-PDF), 97 Hearing (Bk Other) Continued).
07/19/2017 (Saunders, Robert) (Entered: 07/19/2017)

169 Notice of Continued Status Conference Filed by


(5 pgs) Debtor Eagan Avenatti LLP (RE: related
document(s) 97 Hearing Continued on scheduling
and case management conference - Status hearing to
be held on 7/26/2017 at 10:00 AM at Crtrm 5D, 411
W Fourth St., Santa Ana, CA 92701. The case judge
is Catherine E. Bauer). (Saunders, Robert) (Entered:
07/19/2017 07/19/2017)

07/19/2017 170 Notice of Hearing on Debtor's Motion for an Order


(5 pgs) Extending Time Periods During Which Debtor has
Exclusive Right to File a Plan and Solicit
Acceptances of it Pursuant to Section 1121(d) of the
Bankruptcy Code Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)146 Motion to Extend
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 38 of 143

Exclusivity Period for Filing a Chapter 11 Plan and


Disclosure Statement Notice Of Motion And Motion
For Order Extending Time Periods During Which
Debtor Has Exclusive Right To File A Plan And
Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code; Memorandum Of
Points And Authorities; Declaration Of Michael J.
Avenatti In Support Of Motion Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
07/19/2017)

171 Hearing Set (RE: related document(s)146 Motion to


Extend/Limit Exclusivity Period filed by Debtor
Eagan Avenatti LLP) The Hearing date is set for
8/9/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
07/20/2017 07/20/2017)

172 Hearing Set (RE: related document(s)146 Motion to


Extend/Limit Exclusivity Period filed by Debtor
Eagan Avenatti LLP) The Hearing date is set for
8/9/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
07/20/2017 07/20/2017)

173 Order approving stiupulation to continue hearing on


(2 pgs) motion for relief from automatic stay -
CONTINUED to August 9, 2017 @ 10:00 a.m.
(BNC-PDF) (Related Doc # 163 ) Signed on
07/20/2017 7/20/2017 (Firman, Karen) (Entered: 07/20/2017)

174 Opposition to (related document(s): 155 Notice of


(81 pgs) motion and motion for relief from automatic stay
with supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Jason Frank Law,
PLC v. Eagan Avenatti, LLP. Fee Amount $181,
filed by Creditor Jason Frank Law, PLC)
Memorandum of Points and Authorities and
Declaration of Michael Avenatti in Support Thereof
Filed by Debtor Eagan Avenatti LLP (Pagay,
07/20/2017 Malhar) (Entered: 07/20/2017)

07/20/2017 175 Request for judicial notice in Support of Debtor


(134 pgs) Eagan Avenatti, LLP's Opposition to Motion for
Relief from the Automatic Stay under 11 U.S.C.
section 362 filed by Jason Frank Law, PLC Filed by
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 39 of 143

Debtor Eagan Avenatti LLP (RE: related


document(s)174 Opposition). (Pagay, Malhar)
(Entered: 07/20/2017)

176 Notice Of Joinder In Debtor's Opposition To Motion


(4 pgs) For Relief From The Automatic Stay Under 11
U.S.C. § 362 Filed By Of Jason Frank Law, PLC
Filed by Creditor The X Law Group (RE: related
document(s)174 Opposition to (related document(s):
155 Notice of motion and motion for relief from
automatic stay with supporting declarations
ACTION IN NON-BANKRUPTCY FORUM RE:
Jason Frank Law, PLC v. Eagan Avenatti, LLP. Fee
Amount $181, filed by Creditor Jason Frank Law,
PLC) Memorandum of Points and Authorities and
Declaration of Michael Avenatti in Support Thereof
Filed by Debtor Eagan Avenatti LLP). (Golubchik,
07/20/2017 David) (Entered: 07/20/2017)

177 Notice of lodgment of Order Approving Interim


(6 pgs) Stipulation Permitting Use Of Cash Collateral And
Providing Adequate Protection For The United
States Of America On Behalf Of The Internal
Revenue Service Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)93 Motion Debtors
Motion For An Order Approving Interim Stipulation
Permitting Use Of Cash Collateral And Providing
Adequate Protection For The United States Of
America On Behalf Of The Internal Revenue
Service; Declaration Of Michael J. Avenatti in
Support Thereof [Related to Dkt No. 91] Filed by
Debtor Eagan Avenatti LLP). (Saunders, Robert)
07/21/2017 (Entered: 07/21/2017)

178 BNC Certificate of Notice - PDF Document. (RE:


(3 pgs) related document(s)173 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice Date
07/22/2017 07/22/2017. (Admin.) (Entered: 07/22/2017)

179 Application to Employ Dinsmore & Shohl LLP as


(30 pgs; 2 docs) Counsel for the Official Committee of Creditors
Holding Unsecured Claims Filed by Creditor
Committee Official Committee of Creditors Holding
Unsecured Claims (Attachments: # 1 Declaration of
Christopher Celentino in Support) (Celentino,
07/26/2017 Christopher) (Entered: 07/26/2017)

07/26/2017
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 40 of 143

180 Statement of Disinterestedness for Employment of


(5 pgs) Professional Person Under FRBP 2014 Filed by
Creditor Committee Official Committee of Creditors
Holding Unsecured Claims. (Celentino, Christopher)
(Entered: 07/26/2017)

181 Notice of motion/application Pursuant to 11 U.S.C.


(5 pgs) Section 1103(a) Authorizing the Retention and
Employment of Dinsmore & Shohl LLP as Counsel
for the Official Committee of Creditors Holding
Unsecured Claims Filed by Creditor Committee
Official Committee of Creditors Holding Unsecured
Claims (RE: related document(s)179 Application to
Employ Dinsmore & Shohl LLP as Counsel for the
Official Committee of Creditors Holding Unsecured
Claims Filed by Creditor Committee Official
Committee of Creditors Holding Unsecured Claims
(Attachments: # 1 Declaration of Christopher
Celentino in Support)). (Celentino, Christopher)
07/26/2017 (Entered: 07/26/2017)

182 Hearing Continued on scheduling and case


management conference - Status hearing to be held
on 10/25/2017 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
07/26/2017 07/27/2017)

183 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Pagter, R. (Pagter, R) (Entered:
07/28/2017 07/28/2017)

184 Transcript Order Form, regarding Hearing Date


(1 pg) 05/31/2017 Filed by Creditor Jason Frank Law PLC,
Jason M. Frank, Esq., Scott H. Sims, Esq., and
Frank Sims & Stolper LLP. (Chenetz,
Sara)WARNING: Item subsequently amended by
docket entry 185 Modified on 8/1/2017 (Mccall,
08/01/2017 Audrey). (Entered: 08/01/2017)

08/01/2017 185 Notice to Filer of Error and/or Deficient Document


Incomplete PDF was attached to the docket
entry; filer did not select a Transcriber. THE
FILER IS INSTRUCTED TO RE-FILE THE
DOCUMENT WITH THE CORRECT PDF
IMMEDIATELY. Filer to select a Transcriber.
(RE: related document(s)184 Transcript Order Form
(Public Request) filed by Creditor Jason Frank Law
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 41 of 143

PLC, Jason M. Frank, Esq., Scott H. Sims, Esq., and


Frank Sims & Stolper LLP) (Mccall, Audrey)
(Entered: 08/01/2017)

186 Transcript Order Form, regarding Hearing Date


(1 pg) 05/31/2017 Filed by Creditor Jason Frank Law PLC,
Jason M. Frank, Esq., Scott H. Sims, Esq., and
Frank Sims & Stolper LLP. (Chenetz, Sara)
08/02/2017 (Entered: 08/02/2017)

187 Transcript Record Transmittal (Court transcript


records have been uploaded to FDS). For Order
Number: 17-CB-32. RE Hearing Date: 5/31/17,
[TRANSCRIPTION SERVICE PROVIDER: ECHO
REPORTING, Telephone number 858-453-7590.]
(RE: related document(s)186 Transcript Order Form
(Public Request) filed by Creditor Jason Frank Law
PLC, Jason M. Frank, Esq., Scott H. Sims, Esq., and
Frank Sims & Stolper LLP) (Mccall, Audrey)
08/02/2017 (Entered: 08/02/2017)

188 Reply to (related document(s): 146 Motion to


(17 pgs) Extend Exclusivity Period for Filing a Chapter 11
Plan and Disclosure Statement Notice Of Motion
And Motion For Order Extending Time Periods
During Which Debtor Has Exclusive Right To File A
Plan And Solicit Acceptances Of It Pursuant To Se
filed by Debtor Eagan Avenatti LLP, 165 Opposition
filed by Creditor Jason Frank Law, PLC) Debtor's
Reply To Jason Frank Law, PLC And Scott Simss
Opposition To Debtors Motion For Order Extending
Time Periods During Which Debtor Has Exclusive
Right To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy
Code; Declaration Of Michael J. Avenatti Filed by
Debtor Eagan Avenatti LLP (Saunders, Robert)
08/02/2017 (Entered: 08/02/2017)

189 Hearing Continued (RE: related document(s)155


Motion for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Jason
Frank Law, PLC) The Hearing date is set for
8/9/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Mccall, Audrey) (Entered:
08/02/2017 08/02/2017)

08/02/2017
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 42 of 143

190 Motion to Extend Time Notice Of Motion And


(13 pgs) Motion For An Order Granting A Supplemental
Extension Of The Deadline To Assume, Assume And
Assign, Or Reject Nonresidential Real Property
Leases To The Maximum Number Of Days
Authorized By 11 U.S.C. § 365(d)(4)(B)(i);
Memorandum Of Points And Authorities;
Declaration Of Michael J. Avenatti Filed by Debtor
Eagan Avenatti LLP (Saunders, Robert) (Entered:
08/02/2017)

191 Hearing Set (RE: related document(s)190 Motion to


Extend Time filed by Debtor Eagan Avenatti LLP)
The Hearing date is set for 8/23/2017 at 10:00 AM
at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer
08/02/2017 (Mccall, Audrey) (Entered: 08/02/2017)

192 Reply to (related document(s): 155 Notice of motion


(36 pgs) and motion for relief from automatic stay with
supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Jason Frank Law,
PLC v. Eagan Avenatti, LLP. Fee Amount $181,
filed by Creditor Jason Frank Law, PLC) REPLY TO
OPPOSITIONS TO JASON FRANK LAW, PLC'S
MOTION FOR RELIEF FROM AUTOMATIC STAY
(ACTION IN NON-BANKRUPTCY FORUM);
DECLARATIONS OF JASON FRANK AND ERIC
M. GEORGE IN SUPPORT THEREOF Filed by
Creditor Jason Frank Law, PLC (Chenetz, Sara)
08/02/2017 (Entered: 08/02/2017)

193 Request for judicial notice SUPPLEMENTAL REQUEST


(7 pgs) FOR JUDICIAL NOTICE IN SUPPORT OF MOTION OF
JASON FRANK LAW, PLC FOR RELIEF FROM STAY TO
PROCEED WITH PREPETITION ARBITRATION ON
BREACH OF CONTRACT, FRAUD AND RELATED STATE
LAW CLAIMS Filed by Creditor Jason Frank Law, PLC.
08/02/2017 (Chenetz, Sara) (Entered: 08/02/2017)

194 Proof of service Filed by Creditor Jason Frank Law, PLC


(3 pgs) (RE: related document(s)192 Reply). (Chenetz, Sara)
08/02/2017 (Entered: 08/02/2017)

08/02/2017 195 Statement UNREPORTED AND/OR UNPUBLISHED


(35 pgs) DECISIONS CITED IN REPLY TO OPPOSITIONS TO
JASON FRANK LAW, PLCS MOTION FOR RELIEF FROM
AUTOMATIC STAY (ACTION IN NON-BANKRUPTCY
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 43 of 143

FORUM) Filed by Creditor Jason Frank Law, PLC.


(Chenetz, Sara) (Entered: 08/02/2017)

196 Transcript regarding Hearing Held 05/31/17 RE: Scheduling


(23 pgs) and Case Management Conference. Remote electronic
access to the transcript is restricted until 11/1/2017. The
transcript may be viewed at the Bankruptcy Court Clerk's
Office on a public terminal or purchased through the
Transcription Service Provider before the transcript access
restriction has ended. [TRANSCRIPTION SERVICE
PROVIDER: Echo Reporting, Inc., Telephone number
8584537590.]. Notice of Intent to Request Redaction
Deadline Due By 8/10/2017. Redaction Request Due By
08/24/2017. Redacted Transcript Submission Due By
09/5/2017. Transcript access will be restricted through
08/03/2017 11/1/2017. (Bauer, Tara) (Entered: 08/03/2017)

197 Order Granting Interim Stipulation permitting use of cash


(2 pgs) collateral and providing adequate protection for the United
States of America on behalf of the Internal Revenue Service
(BNC-PDF) (Related Doc # 93 ) Signed on 8/7/2017
08/07/2017 (Mccall, Audrey) (Entered: 08/07/2017)

198 Notice of motion and motion for relief from automatic stay
(10 pgs) with supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Filippo Marchino, Eagan
Avenatti et al. Court of Appeals; with Proof of Service. Fee
Amount $181, Filed by Creditor Stoll, Nussbaum &
08/07/2017 Polakov, APC (Polis, Thomas) (Entered: 08/07/2017)

Receipt of Motion for Relief from Stay - ACTION IN NON-


BANKRUPTCY FORUM(8:17-bk-11961-CB)
[motion,nman] ( 181.00) Filing Fee. Receipt number
45348035. Fee amount 181.00. (re: Doc# 198) (U.S.
08/07/2017 Treasury) (Entered: 08/07/2017)

199 Hearing Set (RE: related document(s)198 Motion for Relief


from Stay - ACTION IN NON-BANKRUPTCY FORUM
filed by Creditor Stoll, Nussbaum & Polakov, APC) The
Hearing date is set for 8/30/2017 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case judge is
08/07/2017 Catherine E. Bauer (Firman, Karen) (Entered: 08/08/2017)

08/08/2017 200 Statement of Non-Opposition to Debtor's Motion for an


(4 pgs) Order Granting a Supplemental Extension of the Deadline
to Assume, Assume and Assign, or Reject Nonresidential
Real Property Leases to the Maximum Number of Days
Authorized by 11 U.S.C. § 365(d)(4)(B)(i) Filed by Creditor
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 44 of 143

Committee Official Committee of Creditors Holding


Unsecured Claims. (Bowie, Peter) (Entered: 08/08/2017)

201 Notice of Association of Counsel Filed by Creditor Jason


08/08/2017 (4 pgs) Frank Law, PLC. (Chenetz, Sara) (Entered: 08/08/2017)

202 Opposition to (related document(s): 190 Motion to Extend


(10 pgs) Time Notice Of Motion And Motion For An Order Granting
A Supplemental Extension Of The Deadline To Assume,
Assume And Assign, Or Reject Nonresidential Real Property
Leases To The Maximum Number Of Days Authorized By 11
U.S.C. § filed by Debtor Eagan Avenatti LLP) (Conditional)
by the Irvine Company to Debtor's Motion for an Order
Granting a Supplemental Extension of the Deadline to
Assume, Assume and Assign, or Reject Nonresidential Real
Property Leases to the Maximum Number of Days
Authorized by 11 U.S.C. § 365(d)(4)(B)(i); Declaration of
Abigail Gleason with proof of service Filed by Creditor The
08/09/2017 Irvine Company (Pagter, R) (Entered: 08/09/2017)

203 Proof of service (AMENDED) re Conditional) by the Irvine


(3 pgs) Company to Debtor's Motion for an Order Granting a
Supplemental Extension of the Deadline to Assume, Assume
and Assign, or Reject Nonresidential Real Property Leases
to the Maximum Number of Days Authorized by 11 U.S.C. §
365(d)(4)(B)(i); Declaration of Abigail Gleason (Date of
Service is being Corrected) Filed by Creditor The Irvine
Company (RE: related document(s)202 Opposition).
08/09/2017 (Pagter, R) (Entered: 08/09/2017)

204 BNC Certificate of Notice - PDF Document. (RE: related


(3 pgs) document(s)197 Order on Generic Motion (BNC-PDF)) No.
of Notices: 2. Notice Date 08/09/2017. (Admin.) (Entered:
08/09/2017 08/09/2017)

205 Hearing Continued (RE: related document(s)146 Motion to


Extend/Limit Exclusivity Period filed by Debtor Eagan
Avenatti LLP) The Hearing date is set for 9/20/2017 at
10:00 AM at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Firman,
08/09/2017 Karen) (Entered: 08/10/2017)

08/09/2017 206 Hearing Continued (RE: related document(s)155 Motion for


Relief from Stay - ACTION IN NON-BANKRUPTCY
FORUM filed by Creditor Jason Frank Law, PLC) The
Hearing date is set for 9/20/2017 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered: 08/10/2017)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 45 of 143

207 Request for courtesy Notice of Electronic Filing (NEF)


(1 pg) Request Courtesy Notification of Electronic Filing (NEF)
Filed by Horoupian, Mark. (Horoupian, Mark) (Entered:
08/11/2017 08/11/2017)

208 Non-Opposition Debtors Conditional Non-Opposition To


(9 pgs) Motion For Relief From The Automatic Stay Under 11
U.S.C. § 362 Filed By Stoll, Nussbaum & Polakov;
Declaration Of Michael Avenatti -- Related to Doc. 198
Filed by Debtor Eagan Avenatti LLP. (Saunders, Robert)
08/15/2017 (Entered: 08/15/2017)

209 Monthly Operating Report. Operating Report Number: 5.


(32 pgs) For the Month Ending 7/31/2017 Filed by Debtor Eagan
08/15/2017 Avenatti LLP. (Saunders, Robert) (Entered: 08/15/2017)

210 Declaration That No Party Requested a Hearing on Motion


(21 pgs) (LBR 9013-1(o)(3)) Filed by Creditor Committee Official
Committee of Creditors Holding Unsecured Claims (RE:
related document(s)179 Application to Employ Dinsmore &
Shohl LLP as Counsel for the Official Committee of
Creditors Holding Unsecured Claims ). (Celentino,
08/16/2017 Christopher) (Entered: 08/16/2017)

211 Notice of lodgment of Order Approving the Retention and


(5 pgs) Employment of Dinsmore & Shohl LLP as Counsel for the
Official Committee of Creditors Holding Unsecured Claims
Filed by Creditor Committee Official Committee of
Creditors Holding Unsecured Claims (RE: related
document(s)179 Application to Employ Dinsmore & Shohl
LLP as Counsel for the Official Committee of Creditors
Holding Unsecured Claims Filed by Creditor Committee
Official Committee of Creditors Holding Unsecured Claims
(Attachments: # 1 Declaration of Christopher Celentino in
08/16/2017 Support)). (Celentino, Christopher) (Entered: 08/16/2017)

212 Errata to Exhibit B-75 Filed by Debtor Eagan Avenatti LLP


(7 pgs) (RE: related document(s)149 Schedule A/B: Property
(Official Form 106A/B or 206A/B)). (Saunders, Robert)
08/22/2017 (Entered: 08/22/2017)

08/23/2017 213 Notice of lodgment of Order Granting A Supplemental


(6 pgs) Extension Of The Deadline To Assume, Assume And Assign,
Or Reject Nonresidential Real Property Leases To The
Maximum Number Of Days Authorized By 11 U.S.C. §
365(d)(4)(B)(i) Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)190 Motion to Extend Time Notice Of

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 46 of 143

Motion And Motion For An Order Granting A Supplemental


Extension Of The Deadline To Assume, Assume And Assign,
Or Reject Nonresidential Real Property Leases To The
Maximum Number Of Days Authorized By 11 U.S.C. §
365(d)(4)(B)(i); Memorandum Of Points And Authorities;
Declaration Of Michael J. Avenatti Filed by Debtor Eagan
Avenatti LLP). (Saunders, Robert) (Entered: 08/23/2017)

214 Order approving the Official Creditor's Committee's


(2 pgs) application to employ Dinsmore & Shohl, LLP., as
committee counsel (BNC-PDF) (Related Doc # 179) Signed
on 8/23/2017. (Firman, Karen) Additional attachment(s)
08/23/2017 added on 8/23/2017 (Firman, Karen). (Entered: 08/23/2017)

215 Hearing Held - MOTION GRANTED; Order by attorney


(RE: related document(s)190 Motion to Extend Time filed
by Debtor Eagan Avenatti LLP) (Firman, Karen) (Entered:
08/23/2017 08/24/2017)

216 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)214 Order on Application to Employ (BNC-
PDF)) No. of Notices: 2. Notice Date 08/25/2017. (Admin.)
08/25/2017 (Entered: 08/25/2017)

217 Hearing Held - Granted; Order by attorney (RE: related


document(s)198 Motion for Relief from Stay - ACTION IN
NON-BANKRUPTCY FORUM filed by Creditor Stoll,
Nussbaum & Polakov, APC) (Mccall, Audrey) (Entered:
08/30/2017 08/30/2017)

218 Notice of lodgment of Order Approving Movant's Motion


(5 pgs) for Relief From Automatic Stay Under 11 USC§ 362; with
Proof of Service Filed by Creditor Stoll, Nussbaum &
Polakov, APC (RE: related document(s)198 Notice of
motion and motion for relief from automatic stay with
supporting declarations ACTION IN NON-BANKRUPTCY
FORUM RE: Filippo Marchino, Eagan Avenatti et al. Court
of Appeals; with Proof of Service. Fee Amount $181, Filed
by Creditor Stoll, Nussbaum & Polakov, APC). (Polis,
08/31/2017 Thomas) (Entered: 08/31/2017)

08/31/2017 219 Order Granting Motion for supplemental extension of


(2 pgs) deadline to assume, assume and assign or reject
nonresidential real property leases to the maximun number
of days authorized by 11 U.S.C. Section 365(d)(4)(B)(i) - is
extended through and including October 10, 2017. (BNC-
PDF) (Related Doc 190) Signed on 8/31/2017 (Mccall,

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 47 of 143

Audrey) Modified on 8/31/2017 (Mccall, Audrey). Modified


on 8/31/2017 (Mccall, Audrey). (Entered: 08/31/2017)

220 Order Granting motion for relief from automatic stay


(2 pgs) ACTION IN NON-BANKRUPTCY FORUM (BNC-PDF)
(Related Doc # 198 ) Signed on 8/31/2017 (Mccall, Audrey)
08/31/2017 (Entered: 08/31/2017)

221 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)219 Order on Motion to Extend Time (Generic)
(BNC-PDF)) No. of Notices: 2. Notice Date 09/02/2017.
09/02/2017 (Admin.) (Entered: 09/02/2017)

222 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)220 Motion for relief from automatic stay
ACTION IN NON-BANKRUPTCY FORUM (BNC-PDF))
No. of Notices: 2. Notice Date 09/02/2017. (Admin.)
09/02/2017 (Entered: 09/02/2017)

223 Motion to Extend Time /Notice of Motion and Motion for an


(11 pgs) Order Granting a Further Extension of the Deadline to
Assume, Assume and Assign, or Reject Nonresidential Real
Property Leases Pursuant to 11 U.S.C. § 365(D)(4)(B)(II);
Memorandum of Points and Authorities; Declaration of
Michael J. Avenatti in Support Thereof Filed by Debtor
Eagan Avenatti LLP (Saunders, Robert) (Entered:
09/13/2017 09/13/2017)

224 Hearing Set (RE: related document(s)223 Motion to Extend


Time filed by Debtor Eagan Avenatti LLP) The Hearing date
is set for 10/4/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is Catherine E.
09/13/2017 Bauer (Firman, Karen) (Entered: 09/13/2017)

225 Transcript Order Form, regarding Hearing Date 08/09/17


(1 pg) Filed by Debtor Eagan Avenatti LLP (RE: related
document(s)146 Motion to Extend Exclusivity Period for
Filing a Chapter 11 Plan and Disclosure Statement Notice
Of Motion And Motion For Order Extending Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Se, 155 Notice of
motion and motion for relief from automatic stay with
supporting declarations ACTION IN NON-BANKRUPTCY
FORUM RE: Jason Frank Law, PLC v. Eagan Avenatti,
LLP. Fee Amount $181,). (Saunders, Robert) (Entered:
09/14/2017 09/14/2017)

09/14/2017 226
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 48 of 143

Transcript Record Transmittal (Court transcript records have


been uploaded to FDS). For Order Number: 17-CB-38. RE
Hearing Date: 8/9/17, [TRANSCRIPTION SERVICE
PROVIDER: ECHO REPORTING, Telephone number 858-
453-7590.] (RE: related document(s)225 Transcript Order
Form (Public Request) filed by Debtor Eagan Avenatti LLP)
(Mccall, Audrey) (Entered: 09/14/2017)

227 Monthly Operating Report. Operating Report Number: 6.


(31 pgs) For the Month Ending August 31, 2017 Filed by Debtor
Eagan Avenatti LLP. (Saunders, Robert) (Entered:
09/15/2017 09/15/2017)

228 Transcript regarding Hearing Held 08/09/17 RE: Motion for


(90 pgs) order extending time periods. Remote electronic access to
the transcript is restricted until 12/18/2017. The transcript
may be viewed at the Bankruptcy Court Clerk's Office on a
public terminal or purchased through the Transcription
Service Provider before the transcript access restriction has
ended. [TRANSCRIPTION SERVICE PROVIDER: Echo
Reporting, Inc., Telephone number 8584537590.]. Notice of
Intent to Request Redaction Deadline Due By 9/25/2017.
Redaction Request Due By 10/10/2017. Redacted Transcript
Submission Due By 10/19/2017. Transcript access will be
restricted through 12/18/2017. (Bauer, Tara) (Entered:
09/18/2017 09/18/2017)

229 Stipulation By Eagan Avenatti LLP and Jason Frank Law,


(5 pgs) PLC/Scott Sims, And The Official Committee Of Unsecured
Creditors To Continue The Hearing On Debtors Motion To
Extend Time Periods During Which Debtor Has Exclusive
Right To File A Plan And Solicit Acceptances Of It Pursuant
To Section 1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP (Saunders, Robert) (Entered:
09/19/2017 09/19/2017)

230 Stipulation By Eagan Avenatti LLP and Second Stipulation


(5 pgs) Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCS Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
09/19/2017 LLP (Saunders, Robert) (Entered: 09/19/2017)

09/19/2017 231 Notice of lodgment of Order Approving Stipulation Among


(6 pgs) Debtor, Jason Frank Law, PLC/Scott Sims, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Debtors Motion To Extend Time Periods
During Which Debtor Has Exclusive Right To File A Plan
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 49 of 143

And Solicit Acceptances Of It Pursuant To Section 1121(d)


Of The Bankruptcy Code Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)229 Stipulation By Eagan
Avenatti LLP and Jason Frank Law, PLC/Scott Sims, And
The Official Committee Of Unsecured Creditors To
Continue The Hearing On Debtors Motion To Extend Time
Periods During Which Debtor Has Exclusive Right To File
A Plan And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor Eagan
Avenatti LLP). (Saunders, Robert) (Entered: 09/19/2017)

232 Notice of lodgment of Order Approving Second Stipulation


(6 pgs) To Continue Hearing On Motion For Relief From The
Automatic Stay (Action In Non-Bankruptcy Forum) Filed by
Debtor Eagan Avenatti LLP (RE: related document(s)230
Stipulation By Eagan Avenatti LLP and Second Stipulation
Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCS Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
09/19/2017 LLP). (Saunders, Robert) (Entered: 09/19/2017)

233 Order approving stipulation to continue the hearing on


(2 pgs) Debtor's motion to extend time periods during which Debtor
has exclusive right to file a plan and solicit acceptances of
its pursuant to Section 1121(d) of the Bankruptcy Code -
CONTINUED to October 4, 2017 @ 10:00 a.m. (BNC-
PDF) (Related Doc # 229 ) Signed on 9/19/2017 (Firman,
09/19/2017 Karen) (Entered: 09/19/2017)

234 Order approving second stipulation to continue hearing on


(2 pgs) motion for relief from the automatic stay (Action in Non-
Bankruptcy Forum) CONTINUED to October 4, 2017 @
10:00 a.m. (BNC-PDF) (Related Doc # 230 ) Signed on
09/19/2017 9/19/2017 (Firman, Karen) (Entered: 09/19/2017)

235 Hearing Continued per stipulation/order entered 9/19/17


(RE: related document(s)146 Motion to Extend/Limit
Exclusivity Period filed by Debtor Eagan Avenatti LLP) The
Hearing date is set for 10/4/2017 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case judge is
09/20/2017 Catherine E. Bauer (Firman, Karen) (Entered: 09/21/2017)

09/20/2017 236 Hearing Continued per stipulation/order entered 9/19/17


(RE: related document(s)155 Motion for Relief from Stay -
ACTION IN NON-BANKRUPTCY FORUM filed by
Creditor Jason Frank Law, PLC) The Hearing date is set for
10/4/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth St.,
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 50 of 143

Santa Ana, CA 92701. The case judge is Catherine E. Bauer


(Firman, Karen) (Entered: 09/21/2017)

237 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)233 Stipulation and ORDER thereon (BNC-
PDF)) No. of Notices: 2. Notice Date 09/21/2017. (Admin.)
09/21/2017 (Entered: 09/21/2017)

238 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)234 Stipulation and ORDER thereon (BNC-
PDF)) No. of Notices: 2. Notice Date 09/21/2017. (Admin.)
09/21/2017 (Entered: 09/21/2017)

239 Motion Conditional Consent fo the Irvine Company to


(4 pgs) Debtor's Motioin for an Order Granting a Further
Extension of the Deadline to Assume, Assume and Assign, or
Reject Nonresidential Real Property Lease Pursuant to
U.S.C. Section 365(d)(4)(B)(i) with proof of service Filed by
Creditor The Irvine Company (Pagter, R) WARNING: Item
subsequently amended by docket entry #240. Modified on
09/26/2017 9/26/2017 (Firman, Karen). (Entered: 09/26/2017)

240 Notice to Filer of Error and/or Deficient Document


Incorrect event code was used to file this document. THE
FILER IS INSTRUCTED TO FILED A WITHDRAWAL
OF THIS DOCUMENT AND RE-FILE THE
DOCUMENT USING THE CORRECT EVENT. (RE:
related document(s)239 Generic Motion filed by Creditor
The Irvine Company) (Firman, Karen) (Entered:
09/26/2017 09/26/2017)

241 Stipulation By Eagan Avenatti LLP and Second Stipulation


(6 pgs) Among Debtor, Jason Frank Law, PLC/Scott Sims, And The
Official Committee Of Unsecured Creditors To Continue
The Hearing On Debtors Motion To Extend Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section 1121(d)
Of The Bankruptcy Code Filed by Debtor Eagan Avenatti
10/02/2017 LLP (Saunders, Robert) (Entered: 10/02/2017)

242 Stipulation By Eagan Avenatti LLP and Third Stipulation


(6 pgs) Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCs Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
10/02/2017 LLP (Saunders, Robert) (Entered: 10/02/2017)

10/02/2017
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 51 of 143

243 Notice of lodgment of Order Approving Second Stipulation


(6 pgs) Among Debtor, Jason Frank Law, PLC/Scott Sims, And The
Official Committee Of Unsecured Creditors To Continue
The Hearing On Debtors Motion To Extend Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section 1121(d)
Of The Bankruptcy Code Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)241 Stipulation By Eagan
Avenatti LLP and Second Stipulation Among Debtor, Jason
Frank Law, PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On Debtors
Motion To Extend Time Periods During Which Debtor Has
Exclusive Right To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy Code Filed
by Debtor Eagan Avenatti LLP). (Saunders, Robert)
(Entered: 10/02/2017)

244 Notice of lodgment of Order Approving Third Stipulation To


(6 pgs) Continue Hearing On Motion For Relief From The
Automatic Stay (Action In Non-Bankruptcy Forum) Filed by
Debtor Eagan Avenatti LLP (RE: related document(s)242
Stipulation By Eagan Avenatti LLP and Third Stipulation
Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCs Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
10/02/2017 LLP). (Saunders, Robert) (Entered: 10/02/2017)

245 Order approving second stipulation among Debtor, Jason


(2 pgs) Frank Law, PLC/Scott Sims, and The Official Committee of
Unsecured Creditors to continue the hearing on Debtor's
motion to extend time periods during which Debtor has
exclusive right to file a plan and solicit acceptances of it
pursuant to section 1121(d) of the Bankruptcy Code -
CONTINUED TO October 25, 2017 @ 10:00 a.m. (BNC-
PDF) (Related Doc # 241 ) Signed on 10/3/2017 (Firman,
10/03/2017 Karen) (Entered: 10/03/2017)

246 Order approving stipulation to continue hearing on Motion


(2 pgs) for relief from the automatic stay - CONTINUED to
October 25, 2017 @ 10:00 a.m. (BNC-PDF) (Related Doc #
242 ) Signed on 10/3/2017 (Firman, Karen) (Entered:
10/03/2017 10/03/2017)

10/04/2017 247 Notice of lodgment of Order Granting Motion For A


(6 pgs) Further Extension Of The Deadline To Assume, Assume And
Assign, Or Reject Nonresidential Real Property Leases
Pursuant To 11 U.S.C. § 365(d)(4)(B)(ii) Filed by Debtor

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 52 of 143

Eagan Avenatti LLP (RE: related document(s)223 Motion to


Extend Time /Notice of Motion and Motion for an Order
Granting a Further Extension of the Deadline to Assume,
Assume and Assign, or Reject Nonresidential Real Property
Leases Pursuant to 11 U.S.C. § 365(D)(4)(B)(II);
Memorandum of Points and Authorities; Declaration of
Michael J. Avenatti in Support Thereof Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
10/04/2017)

248 Motion to Assume Lease or Executory Contract Notice Of


(11 pgs) Motion And Motion For An Order Authorizing Debtor To
Assume Certain Unexpired Leases Of Nonresidential Real
Property Leases Pursuant To Bankruptcy Code Section
365(a); Memorandum Of Points And Authorities;
Declaration Of Michael J. Avenatti In Support Filed by
Debtor Eagan Avenatti LLP (Saunders, Robert) (Entered:
10/04/2017 10/04/2017)

249 Hearing Set (RE: related document(s)248 Motion to Assume


Lease or Executory Contract filed by Debtor Eagan Avenatti
LLP) The Hearing date is set for 10/25/2017 at 10:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701. The
case judge is Catherine E. Bauer (Firman, Karen) (Entered:
10/04/2017 10/04/2017)

250 Hearing Held - Granted; Order by attorney (RE: related


document(s)223 Motion to Extend Time filed by Debtor
Eagan Avenatti LLP) (Mccall, Audrey) (Entered:
10/04/2017 10/04/2017)

251 Hearing Continued (RE: related document(s)146 Motion to


Extend/Limit Exclusivity Period filed by Debtor Eagan
Avenatti LLP) The Hearing date is set for 10/25/2017 at
10:00 AM at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Mccall,
10/04/2017 Audrey) (Entered: 10/04/2017)

252 Hearing Continued (RE: related document(s)155 Motion for


Relief from Stay - ACTION IN NON-BANKRUPTCY
FORUM filed by Creditor Jason Frank Law, PLC) The
Hearing date is set for 10/25/2017 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case judge is
10/04/2017 Catherine E. Bauer (Mccall, Audrey) (Entered: 10/04/2017)

10/05/2017 253 Stipulation By Eagan Avenatti LLP and Renewed Stipulation


(5 pgs) Permitting Use Of Cash Collateral And Providing Adequate
Protection For The United States Of America On Behalf Of
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 53 of 143

The Internal Revenue Service Filed by Debtor Eagan


Avenatti LLP (Saunders, Robert) (Entered: 10/05/2017)

254 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)245 Stipulation and ORDER thereon (BNC-
PDF)) No. of Notices: 2. Notice Date 10/05/2017. (Admin.)
10/05/2017 (Entered: 10/05/2017)

255 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)246 Stipulation and ORDER thereon (BNC-
PDF)) No. of Notices: 2. Notice Date 10/05/2017. (Admin.)
10/05/2017 (Entered: 10/05/2017)

256 Errata For Notice Of Motion And Motion Filed by Debtor


(3 pgs) Eagan Avenatti LLP (RE: related document(s)248 Motion to
Assume Lease or Executory Contract Notice Of Motion And
Motion For An Order Authorizing Debtor To Assume
Certain Unexpired Leases Of Nonresidential Real Property
Leases Pursuant To Bankruptcy Code Section 365(a);
Memorandum Of Points And Au). (Saunders, Robert)
10/06/2017 (Entered: 10/06/2017)

257 Non-Opposition (Conditional) by the Irvine Company to


(4 pgs) Debtor's Motion for an Order Authorizing Debtor to Assume
Certain Unexpired Leases of Nonresidential Real Property
Leases Pursuant to Bankruptcy Code Section 365(a) with
proof of service Filed by Creditor The Irvine Company.
10/12/2017 (Perry Isaacson, Misty) (Entered: 10/12/2017)

258 Order granting Debtor's motion for a further extension of the


(2 pgs) deadline to assume, assume and assign, or reject
nonresidential real property leases pursuant to 11 U.S.C.
Section 365(d)(4)(B)(ii) (BNC-PDF) (Related Doc # 223 )
Signed on 10/13/2017 (Firman, Karen) (Entered:
10/13/2017 10/13/2017)

259 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)258 Order on Motion to Extend Time (Generic)
(BNC-PDF)) No. of Notices: 2. Notice Date 10/15/2017.
10/15/2017 (Admin.) (Entered: 10/15/2017)

260 Monthly Operating Report. Operating Report Number: 7.


(39 pgs) For the Month Ending 9/30/17 Filed by Debtor Eagan
10/16/2017 Avenatti LLP. (Saunders, Robert) (Entered: 10/16/2017)

10/18/2017 261 Status report Debtor's Third Chapter 11 Status Report Filed
(14 pgs) by Debtor Eagan Avenatti LLP (RE: related document(s)3
Order on Generic Motion (BNC-PDF), 182 Hearing (Bk
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 54 of 143

Other) Continued). (Saunders, Robert) (Entered:


10/18/2017)

262 Notice of Hearing Notice of Continued Status Conference


(4 pgs) (Relates to Docket No. 182 ) Filed by Debtor Eagan Avenatti
10/18/2017 LLP. (Saunders, Robert) (Entered: 10/18/2017)

263 Stipulation By Eagan Avenatti LLP and Jason Frank Law,


(5 pgs) PLC/Scott Sims, and the Official Committee of Unsecured
Creditors to Continue the Hearing on the Debtor's, Motion
to Extend Exclusivity Period for Filing a Chapter 11 Plan
and Disclosure Statement Filed by Debtor Eagan Avenatti
10/24/2017 LLP (Saunders, Robert) (Entered: 10/24/2017)

264 Stipulation By Eagan Avenatti LLP and Fourth Stipulation


(5 pgs) Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCS Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
10/24/2017 LLP (Saunders, Robert) (Entered: 10/24/2017)

265 Notice of lodgment of Order Approving Stipulation Among


(6 pgs) Debtor, Jason Frank Law, PLC/Scott Sims, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Debtors Motion To Extend Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section 1121(D)
Of The Bankruptcy Code Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)263 Stipulation By Eagan
Avenatti LLP and Jason Frank Law, PLC/Scott Sims, and
the Official Committee of Unsecured Creditors to Continue
the Hearing on the Debtor's, Motion to Extend Exclusivity
Period for Filing a Chapter 11 Plan and Disclosure
Statement Filed by Debtor Eagan Avenatti LLP). (Saunders,
10/24/2017 Robert) (Entered: 10/24/2017)

266 Notice of lodgment of Order Approving Stipulation to


(6 pgs) Continue Hearing on Motion for Relief from the automatic
Stay (Action in Non-Bankruptcy Forum) Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)264
Stipulation By Eagan Avenatti LLP and Fourth Stipulation
Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCS Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
10/24/2017 LLP). (Saunders, Robert) (Entered: 10/24/2017)

10/25/2017 267
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 55 of 143

Hearing Continued on scheduling and case management


conference - Status hearing to be held on 11/29/2017 at
10:00 AM at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Firman,
Karen) (Entered: 10/26/2017)

268 Hearing Continued (RE: related document(s)146 Motion to


Extend/Limit Exclusivity Period filed by Debtor Eagan
Avenatti LLP) The Hearing date is set for 11/29/2017 at
10:00 AM at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Firman,
10/25/2017 Karen) (Entered: 10/26/2017)

269 Hearing Continued (RE: related document(s)155 Motion for


Relief from Stay - ACTION IN NON-BANKRUPTCY
FORUM filed by Creditor Jason Frank Law, PLC) The
Hearing date is set for 11/29/2017 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case judge is
10/25/2017 Catherine E. Bauer (Firman, Karen) (Entered: 10/26/2017)

270 Hearing Held - MOTION GRANTED; Order by Attorney


(RE: related document(s)248 Motion to Assume Lease or
Executory Contract filed by Debtor Eagan Avenatti LLP)
10/25/2017 (Firman, Karen) (Entered: 10/26/2017)

271 Order granting motion authorizing Debtor to assume certain


(2 pgs) unexpired leases of nonresidential real property leases
pursuant to Bankruptcy Code Section 365(a) (BNC-PDF)
(Related Doc # 248 ) Signed on 10/31/2017 (Firman, Karen)
10/31/2017 (Entered: 10/31/2017)

272 Withdrawal re: Third Stipulation Among Debtor, Jason


(4 pgs) Frank Law, PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On Debtors
Motion To Extend Time Periods During Which Debtor Has
Exclusive Right To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy Code Filed
by Debtor Eagan Avenatti LLP (RE: related document(s)263
Stipulation By Eagan Avenatti LLP and Jason Frank Law,
PLC/Scott Sims, and the Official Committee of Unsecured
Creditors to Continue the Hearing on the Debtor's, Motion
to Extend Exclusivity Period for Filing a Chapter 11 Plan
and Disclosure Statement ). (Saunders, Robert) (Entered:
11/02/2017 11/02/2017)

11/02/2017 273 Withdrawal re: Fourth Stipulation Among Debtor, Jason


(4 pgs) Frank Law, PLC, And The Official Committee Of Unsecured
Creditors To Continue The Hearing On Jason Frank Law,
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 56 of 143

PLCs Motion For Relief From The Automatic Stay Filed by


Debtor Eagan Avenatti LLP (RE: related document(s)264
Stipulation By Eagan Avenatti LLP and Fourth Stipulation
Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCS Motion For Relief
From The Automatic Stay). (Saunders, Robert) (Entered:
11/02/2017)

274 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)271 Order on Motion to Assume Lease or
Executory Contract (BNC-PDF)) No. of Notices: 2. Notice
11/02/2017 Date 11/02/2017. (Admin.) (Entered: 11/02/2017)

275 Motion to Extend Exclusivity Period for Filing a Chapter 11


(10 pgs) Plan and Disclosure Statement Notice Of Motion And
Supplemental Motion For Order Extending Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section 1121(d)
Of The Bankruptcy Code; Memorandum Of Points And
Authorities; Declaration Of Michael J. Avenatti In Support
Of Motion Filed by Debtor Eagan Avenatti LLP (Saunders,
11/06/2017 Robert) (Entered: 11/06/2017)

276 Stipulation By Eagan Avenatti LLP and Second Renewed


(5 pgs) Stipulation Permitting Use Of Cash Collateral And
Providing Adequate Protection For The United States Of
America On Behalf Of The Internal Revenue Service Filed
by Debtor Eagan Avenatti LLP (Saunders, Robert) (Entered:
11/06/2017 11/06/2017)

277 Monthly Operating Report. Operating Report Number: 8.


(35 pgs) For the Month Ending 10/31/17 Filed by Debtor Eagan
11/15/2017 Avenatti LLP. (Saunders, Robert) (Entered: 11/15/2017)

278 Stipulation By Eagan Avenatti LLP and Stipulation Among


(5 pgs) Debtor, Jason Frank Law, PLC/Scott Sims, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Debtors Supplemental Motion To Extend Time
Periods During Which Debtor Has Exclusive Right To File
A Plan And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor Eagan
11/27/2017 Avenatti LLP (Saunders, Robert) (Entered: 11/27/2017)

11/27/2017 279 Notice of lodgment of Order Approving Stipulation Among


(6 pgs) Debtor, Jason Frank Law, PLC/Scott Sims, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Debtors Supplemental Motion To Extend Time
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 57 of 143

Periods During Which Debtor Has Exclusive Right To File


A Plan And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)278 Stipulation By
Eagan Avenatti LLP and Stipulation Among Debtor, Jason
Frank Law, PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On Debtors
Supplemental Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan And
Solicit Acceptances Of It Pursuant To Section 1121(d) Of
The Bankruptcy Code Filed by Debtor Eagan Avenatti LLP).
(Saunders, Robert) (Entered: 11/27/2017)

280 Stipulation By Eagan Avenatti LLP and Fourth Stipulation


(5 pgs) Among Debtor, Jason Frank Law, PLC/Scott Sims, And The
Official Committee Of Unsecured Creditors To Continue
The Hearing On Debtors Motion To Extend Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section 1121(d)
Of The Bankruptcy Code Filed by Debtor Eagan Avenatti
11/27/2017 LLP (Saunders, Robert) (Entered: 11/27/2017)

281 Notice of lodgment of Order Approving Fourth Stipulation


(6 pgs) Among Debtor, Jason Frank Law, PLC/Scott Sims, And The
Official Committee Of Unsecured Creditors To Continue
The Hearing On Debtors Motion To Extend Time Periods
During Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section 1121(d)
Of The Bankruptcy Code Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)280 Stipulation By Eagan
Avenatti LLP and Fourth Stipulation Among Debtor, Jason
Frank Law, PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On Debtors
Motion To Extend Time Periods During Which Debtor Has
Exclusive Right To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy Code Filed
by Debtor Eagan Avenatti LLP). (Saunders, Robert)
11/27/2017 (Entered: 11/27/2017)

282 Stipulation By Eagan Avenatti LLP and Fifth Stipulation


(5 pgs) Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCs Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
11/27/2017 LLP (Saunders, Robert) (Entered: 11/27/2017)

11/27/2017 283 Notice of lodgment of Order Approving Fifth Stipulation To


(6 pgs) Continue Hearing On Motion For Relief From The

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 58 of 143

Automatic Stay (Action In Non-Bankruptcy Forum) Filed by


Debtor Eagan Avenatti LLP (RE: related document(s)282
Stipulation By Eagan Avenatti LLP and Fifth Stipulation
Among Debtor, Jason Frank Law, PLC, And The Official
Committee Of Unsecured Creditors To Continue The
Hearing On Jason Frank Law, PLCs Motion For Relief
From The Automatic Stay Filed by Debtor Eagan Avenatti
LLP). (Saunders, Robert) (Entered: 11/27/2017)

284 Order approving stipulation to continue the hearing on


(2 pgs) Debtor's supplemental motion to extend time periods during
which Debtor has exclusive right to file a plan and solicit
acceptance of it pursuant to Section 1121(d) of the
Bankruptcy Code - CONTINUED TO DECEMBER 13,
2017 @ 10:00 A.M. (BNC-PDF) (Related Doc # 278 )
Signed on 11/28/2017 (Firman, Karen) (Entered:
11/28/2017 11/28/2017)

285 Order approving fourth stipulation to continue the hearing


(2 pgs) on Debtor's motion to extend time periods during which
Debtor has exclusive right to file a plan and acceptance of it
pursuant to Section 1121(d) of the Bankruptcy Code -
CONTINUED TO DECEMBER 13, 2017 @ 10:00 A.M.
(BNC-PDF) (Related Doc # 280 ) Signed on 11/28/2017
11/28/2017 (Firman, Karen) (Entered: 11/28/2017)

286 Order approving fifth stipulation to continue hearing on


(2 pgs) motion for relief from the automatic stay (Action in Non-
Bankruptcy Forum) - CONTINUED TO DECEMBER 13,
2017 @ 10:00 A.M. (BNC-PDF) (Related Doc # 282 )
Signed on 11/28/2017 (Firman, Karen) (Entered:
11/28/2017 11/28/2017)

287 Hearing Continued Scheduling and case management


conference - On Court's own motion - Status hearing to be
held on 12/13/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is Catherine E.
11/29/2017 Bauer (Firman, Karen) (Entered: 11/30/2017)

288 Hearing Continued per stipulation/order signed 11/28/17


(RE: related document(s)146 Motion to Extend/Limit
Exclusivity Period filed by Debtor Eagan Avenatti LLP) The
Hearing date is set for 12/13/2017 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case judge is
11/29/2017 Catherine E. Bauer (Firman, Karen) (Entered: 11/30/2017)

11/29/2017 289 Hearing Continued per stipulation/order signed 11/28/17


(RE: related document(s)155 Motion for Relief from Stay -
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 59 of 143

ACTION IN NON-BANKRUPTCY FORUM filed by


Creditor Jason Frank Law, PLC) The Hearing date is set for
12/13/2017 at 10:00 AM at Crtrm 5D, 411 W Fourth St.,
Santa Ana, CA 92701. The case judge is Catherine E. Bauer
(Firman, Karen) (Entered: 11/30/2017)

290 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)284 Stipulation and ORDER thereon (BNC-
PDF)) No. of Notices: 2. Notice Date 11/30/2017. (Admin.)
11/30/2017 (Entered: 12/01/2017)

291 BNC Certificate of Notice - PDF Document. (RE: related


(4 pgs) document(s)285 Stipulation and ORDER thereon (BNC-
PDF)) No. of Notices: 2. Notice Date 11/30/2017. (Admin.)
11/30/2017 (Entered: 12/01/2017)

292 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)286 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
11/30/2017 Date 11/30/2017. (Admin.) (Entered: 12/01/2017)

293 Stipulation By Eagan Avenatti LLP and Third


(5 pgs) Renewed Stipulation Permitting Use of Cash
Collateral and Providing Adequate Protection for
the United States of America on Behalf of the
Internal Revenue Service Filed by Debtor Eagan
Avenatti LLP (Saunders, Robert) (Entered:
12/04/2017 12/04/2017)

294 Monthly Operating Report. Operating Report


(36 pgs) Number: 8. For the Month Ending October 31,
2017 [Amended] Filed by Debtor Eagan Avenatti
12/11/2017 LLP. (Saunders, Robert) (Entered: 12/11/2017)

295 Stipulation By Eagan Avenatti LLP and Fifth


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP (Saunders, Robert) (Entered:
12/12/2017 12/12/2017)

12/12/2017 296 Stipulation By Eagan Avenatti LLP and Second


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 60 of 143

Unsecured Creditors To Continue The Hearing On


Debtors Supplemental Motion To Extend Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy
Code Filed by Debtor Eagan Avenatti LLP
(Saunders, Robert) (Entered: 12/12/2017)

297 Stipulation By Eagan Avenatti LLP and Sixth


(7 pgs) Stipulation Among Debtor, Jason Frank Law, PLC,
And The Official Committee Of Unsecured
Creditors To Continue The Hearing On Jason
Frank Law, PLCs Motion For Relief From The
Automatic Stay Filed by Debtor Eagan Avenatti
12/12/2017 LLP (Saunders, Robert) (Entered: 12/12/2017)

298 Notice of lodgment of Order Approving Fifth


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section
1121(D) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)295
Stipulation By Eagan Avenatti LLP and Fifth
Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
12/12/2017 12/12/2017)

12/12/2017 299 Notice of lodgment of Order Approving Second


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Supplemental Motion To Extend Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(D) Of The Bankruptcy
Code Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)296 Stipulation By Eagan
Avenatti LLP and Second Stipulation Among
Debtor, Jason Frank Law, PLC/Scott Sims, And

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 61 of 143

The Official Committee Of Unsecured Creditors To


Continue The Hearing On Debtors Supplemental
Motion To Extend Time Periods During Which
Debtor Has Exclusive Right To File A Plan And
Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
12/12/2017)

300 Notice of lodgment of Order Approving Sixth


(6 pgs) Stipulation To Continue Hearing On Motion For
Relief From The Automatic Stay (Action In Non-
Bankruptcy Forum) Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)297
Stipulation By Eagan Avenatti LLP and Sixth
Stipulation Among Debtor, Jason Frank Law, PLC,
And The Official Committee Of Unsecured
Creditors To Continue The Hearing On Jason
Frank Law, PLCs Motion For Relief From The
Automatic Stay Filed by Debtor Eagan Avenatti
12/12/2017 LLP). (Saunders, Robert) (Entered: 12/12/2017)

301 Order approving fifth stipulation to continue the


(2 pgs) hearing on Debtor's motion to extend time periods
during which debtors has exclusive right to file a
plan and solict acceptance of it pursuant to Section
1121(d) of The Bankruptcy Code - CONTINUED
to January 24, 2018 @ 10:00 a.m. (BNC-PDF)
(Related Doc # 295 ) Signed on 12/12/2017
12/12/2017 (Firman, Karen) (Entered: 12/12/2017)

302 Order approving second stipulation to continue the


(2 pgs) hearing on Debtor's supplemental motion to extend
time periods during which Debtor has exclusive
right to file a plan and solicit acceptances of it
pursuant to Sections 1112(d) of the Bankruptcy
Code - CONTINUED to January 24, 2018 @ 10:00
a.m. (BNC-PDF) (Related Doc # 296 ) Signed on
12/12/2017 12/12/2017 (Firman, Karen) (Entered: 12/12/2017)

303 Order approving sixth stipulation to continue


(2 pgs) hearing on motion for relief from the automatic
stay (action in non-bankruptcy forum) -
CONTINUED to January 24, 2018 @ 10:00 a.m.
(BNC-PDF) (Related Doc # 297 ) Signed on
12/12/2017 12/12/2017 (Firman, Karen) (Entered: 12/12/2017)

12/13/2017 304
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 62 of 143

Hearing Continued on scheduling and case


management conference - Status hearing to be held
on 1/24/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
12/14/2017)

305 Hearing Continued (RE: related document(s)146


Motion to Extend/Limit Exclusivity Period filed by
Debtor Eagan Avenatti LLP) The Hearing date is
set for 1/24/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
12/13/2017 12/14/2017)

306 Hearing Continued (RE: related document(s)155


Motion for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Jason
Frank Law, PLC) The Hearing date is set for
1/24/2018 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
12/13/2017 12/14/2017)

307 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)301 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
12/14/2017 Date 12/14/2017. (Admin.) (Entered: 12/14/2017)

308 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)302 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
12/14/2017 Date 12/14/2017. (Admin.) (Entered: 12/14/2017)

309 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)303 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
12/14/2017 Date 12/14/2017. (Admin.) (Entered: 12/14/2017)

310 Monthly Operating Report. Operating Report


(32 pgs) Number: 9. For the Month Ending November 30,
2017 Filed by Debtor Eagan Avenatti LLP.
12/15/2017 (Saunders, Robert) (Entered: 12/15/2017)

01/09/2018 311 Stipulation By Eagan Avenatti LLP and Fourth


(5 pgs) Renewed Stipulation Permitting Use Of Cash
Collateral And Providing Adequate Protection For
The United States Of America On Behalf Of The
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 63 of 143

Internal Revenue Service Filed by Debtor Eagan


Avenatti LLP (Saunders, Robert) (Entered:
01/09/2018)

312 Notice of motion and motion for relief from


(87 pgs; 2 docs) automatic stay with supporting declarations
ACTION IN NON-BANKRUPTCY FORUM RE:
Eagan Avenatti v. Stoll, Nussbaum & Polakov; with
Proof of Service. Fee Amount $181, Filed by
Creditor Stoll, Nussbaum & Polakov, APC
(Attachments: # 1 Exhibit A) (Polis, Thomas)
01/10/2018 (Entered: 01/10/2018)

Receipt of Motion for Relief from Stay - ACTION


IN NON-BANKRUPTCY FORUM(8:17-bk-
11961-CB) [motion,nman] ( 181.00) Filing Fee.
Receipt number 46259707. Fee amount 181.00. (re:
01/10/2018 Doc# 312) (U.S. Treasury) (Entered: 01/10/2018)

313 Hearing Set (RE: related document(s)312 Motion


for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Stoll,
Nussbaum & Polakov, APC) The Hearing date is
set for 1/31/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/10/2018 01/11/2018)

314 Declaration re: Holographic Signature Re:


(6 pgs) Declaration of H. James Keathley in Support of
Stollman, Nussbaum & Polakovs Motion for Relief
of Stay in Nonbankruptcy Form (ECF NO. 312) ;
with Proof of Service Filed by Creditor Stoll,
Nussbaum & Polakov, APC (RE: related
document(s)312 Notice of motion and motion for
relief from automatic stay with supporting
declarations ACTION IN NON-BANKRUPTCY
FORUM RE: Eagan Avenatti v. Stoll, Nussbaum &
Polakov; with Proof of Service. Fee Amount
01/11/2018 $181,). (Polis, Thomas) (Entered: 01/11/2018)

01/17/2018 315 Opposition to (related document(s): 312 Notice of


(16 pgs) motion and motion for relief from automatic stay
with supporting declarations ACTION IN NON-
BANKRUPTCY FORUM RE: Eagan Avenatti v.
Stoll, Nussbaum & Polakov; with Proof of Service.
Fee Amount $181, filed by Creditor Stoll,
Nussbaum & Polakov, APC) Debtors Opposition
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 64 of 143

To Motion For Relief From The Automatic Stay


Under 11 U.S.C. § 362 Filed By Stoll, Nussbaum &
Polakov; Declaration Of Michael J. Avenatti In
Support Filed by Debtor Eagan Avenatti LLP
(Saunders, Robert) (Entered: 01/17/2018)

316 Monthly Operating Report. Operating Report


(33 pgs) Number: 10. For the Month Ending December 31,
2017 Filed by Debtor Eagan Avenatti LLP.
01/18/2018 (Saunders, Robert) (Entered: 01/18/2018)

317 Stipulation By Eagan Avenatti LLP and Seventh


(7 pgs) Stipulation Among Debtor, Jason Frank Law, PLC,
And The Official Committee Of Unsecured
Creditors To Continue The Hearing On Jason
Frank Law, PLCs Motion For Relief From The
Automatic Stay Filed by Debtor Eagan Avenatti
01/23/2018 LLP (Saunders, Robert) (Entered: 01/23/2018)

318 Stipulation By Eagan Avenatti LLP and Third


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Supplemental Motion To Extend Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy
Code Filed by Debtor Eagan Avenatti LLP
01/23/2018 (Saunders, Robert) (Entered: 01/23/2018)

319 Stipulation By Eagan Avenatti LLP and Sixth


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP (Saunders, Robert) (Entered:
01/23/2018 01/23/2018)

01/23/2018 320 Notice of lodgment of Order Approving Seventh


(6 pgs) Stipulation To Continue Hearing On Motion For
Relief From The Automatic Stay (Action In Non-
Bankruptcy Forum) Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)317
Stipulation By Eagan Avenatti LLP and Seventh
Stipulation Among Debtor, Jason Frank Law, PLC,
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 65 of 143

And The Official Committee Of Unsecured


Creditors To Continue The Hearing On Jason
Frank Law, PLCs Motion For Relief From The
Automatic Stay Filed by Debtor Eagan Avenatti
LLP). (Saunders, Robert) (Entered: 01/23/2018)

321 Notice of lodgment of Order Approving Sixth


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)319
Stipulation By Eagan Avenatti LLP and Sixth
Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Motion To Extend Time Periods During
Which Debtor Has Exclusive Right To File A Plan
And Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
01/23/2018 01/23/2018)

322 Notice of lodgment of Order Approving Third


(6 pgs) Stipulation Among Debtor, Jason Frank Law,
PLC/Scott Sims, And The Official Committee Of
Unsecured Creditors To Continue The Hearing On
Debtors Supplemental Motion To Extend Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy
Code Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)318 Stipulation By Eagan
Avenatti LLP and Third Stipulation Among Debtor,
Jason Frank Law, PLC/Scott Sims, And The
Official Committee Of Unsecured Creditors To
Continue The Hearing On Debtors Supplemental
Motion To Extend Time Periods During Which
Debtor Has Exclusive Right To File A Plan And
Solicit Acceptances Of It Pursuant To Section
1121(d) Of The Bankruptcy Code Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
01/23/2018 01/23/2018)

01/23/2018

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 66 of 143

323 Order approving seventh stipulation to continue


(2 pgs) hearing on motion for relief from the automatic
stay - CONTINUED to January 31, 2018 @ 10:00
a.m. (BNC-PDF) (Related Doc # 317 ) Signed on
1/23/2018 (Firman, Karen) (Entered: 01/23/2018)

324 Order approving third stipulation to continue the


(2 pgs) hearing on Debtor's supplemental motion to extend
time periods during which Debtor has exclusive
right to file a plan and solicit acceptances of it
pursuant to Section 1121(d) of the Bankruptcy
Code - CONTINUED to January 31, 2018 @ 10:00
a.m. (BNC-PDF) (Related Doc # 318 ) Signed on
01/23/2018 1/23/2018 (Firman, Karen) (Entered: 01/23/2018)

325 Order approving sixth stipulation to continue the


(2 pgs) hearing on Debtor's motion to extend time periods
durning which Debtor has exclusive right to file a
plan and solicit accpetance of it pursuant to Section
1121(d) of the Bankruptcy code - CONTINUED to
January 31, 2018 @ 10:00 a.m. (BNC-PDF)
(Related Doc # 319 ) Signed on 1/23/2018 (Firman,
01/23/2018 Karen) (Entered: 01/23/2018)

326 Reply to (related document(s): 315 Opposition


(10 pgs) filed by Debtor Eagan Avenatti LLP) Movant, Stoll,
Nussbaum & Polakovs Reply to Debtors
Opposition Re: Relief of Stay Re: Nonbankruptcy
Forum (ECF No. 315); with Proof of Service Filed
by Creditor Stoll, Nussbaum & Polakov, APC
01/24/2018 (Polis, Thomas) (Entered: 01/24/2018)

327 Objection (related document(s): 315 Opposition


(4 pgs) filed by Debtor Eagan Avenatti LLP) Stoll,
Nussbaum & Polakovs Evidentiary Objections to
the Declaration of Michael J. Avenatti in Support
of the Debtors Opposition to Movants Motion for
Relief of Stay (ECF No. 315); with Proof of Service
Filed by Creditor Stoll, Nussbaum & Polakov, APC
01/24/2018 (Polis, Thomas) (Entered: 01/24/2018)

01/24/2018 328 Application for Compensation and Reimbursement


(67 pgs) of Expenses for Period July 1, 2017 through
January 19, 2018 for Dinsmore & Shohl, LLP,
Creditor Comm. Aty, Period: 7/1/2017 to
1/19/2018, Fee: $102,422.00, Expenses: $695.71.
Filed by Attorney Dinsmore & Shohl, LLP
(Celentino, Christopher) (Entered: 01/24/2018)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 67 of 143

329 Application for Compensation First and Final


(387 pgs) Application for Pachulski Stang Ziehl & Jones
LLP, Debtor's Attorney, Period: 5/12/2017 to
1/15/2018, Fee: $1,427,426.00, Expenses:
$23,953.75. Filed by Attorney Pachulski Stang
Ziehl & Jones LLP (Saunders, Robert) (Entered:
01/24/2018 01/24/2018)

330 Notice of Hearing on First and Final Applications


(5 pgs) of Professionals for Compensation and
Reimbursement of Expenses Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)328
Application for Compensation and Reimbursement
of Expenses for Period July 1, 2017 through
January 19, 2018 for Dinsmore & Shohl, LLP,
Creditor Comm. Aty, Period: 7/1/2017 to
1/19/2018, Fee: $102,422.00, Expenses: $695.71.
Filed by Attorney Dinsmore & Shohl, LLP, 329
Application for Compensation First and Final
Application for Pachulski Stang Ziehl & Jones
LLP, Debtor's Attorney, Period: 5/12/2017 to
1/15/2018, Fee: $1,427,426.00, Expenses:
$23,953.75. Filed by Attorney Pachulski Stang
Ziehl & Jones LLP). (Saunders, Robert) (Entered:
01/24/2018 01/24/2018)

331 Hearing Set (RE: related document(s)328


Application for Compensation filed by Attorney
Dinsmore & Shohl, LLP) The Hearing date is set
for 2/14/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/24/2018 01/25/2018)

332 Hearing Set (RE: related document(s)329


Application for Compensation filed by Attorney
Pachulski Stang Ziehl & Jones LLP) The Hearing
date is set for 2/14/2018 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Firman, Karen)
01/24/2018 (Entered: 01/25/2018)

01/24/2018 336 Hearing Continued (RE: related document(s)146


Motion to Extend/Limit Exclusivity Period filed by
Debtor Eagan Avenatti LLP) The Hearing date is
set for 1/31/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 68 of 143

Catherine E. Bauer (Firman, Karen) (Entered:


01/26/2018)

337 Hearing Continued (RE: related document(s)155


Motion for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Jason
Frank Law, PLC) The Hearing date is set for
1/31/2018 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/24/2018 01/26/2018)

338 Hearing Continued on Scheduling and case


management conference - Status hearing to be held
on 1/31/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/24/2018 01/26/2018)

333 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)323 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
01/25/2018 Date 01/25/2018. (Admin.) (Entered: 01/25/2018)

334 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)324 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
01/25/2018 Date 01/25/2018. (Admin.) (Entered: 01/25/2018)

335 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)325 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
01/25/2018 Date 01/25/2018. (Admin.) (Entered: 01/25/2018)

339 Opposition to (related document(s): 329


(9 pgs) Application for Compensation First and Final
Application for Pachulski Stang Ziehl & Jones
LLP, Debtor's Attorney, Period: 5/12/2017 to
1/15/2018, Fee: $1,427,426.00, Expenses:
$23,953.75. filed by Attorney Pachulski Stang
Ziehl & Jones LLP) Objection of U.S. Trustee to
First and Final Application of Pachulski Stang
Ziehl & Jones Filed by U.S. Trustee United States
Trustee (SA) (Hauser, Michael) (Entered:
01/29/2018 01/29/2018)

01/30/2018 340 Notice Stoll, Nussbaum & Polakovs Joinder to the


(3 pgs) Office of the U.S. Trustees Opposition to Pachulski
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 69 of 143

Stang Ziehl & Jones, LLPs First and Final


Application for Compensation (ECF No. 339); with
Proof of Service Filed by Creditor Stoll, Nussbaum
& Polakov, APC (RE: related document(s)339
Opposition to (related document(s): 329
Application for Compensation First and Final
Application for Pachulski Stang Ziehl & Jones
LLP, Debtor's Attorney, Period: 5/12/2017 to
1/15/2018, Fee: $1,427,426.00, Expenses:
$23,953.75. filed by Attorney Pachulski Stang
Ziehl & Jones LLP) Objection of U.S. Trustee to
First and Final Application of Pachulski Stang
Ziehl & Jones Filed by U.S. Trustee United States
Trustee (SA)). (Polis, Thomas) (Entered:
01/30/2018)

341 Stipulation By Eagan Avenatti LLP and


(8 pgs) /Stipulation Among Debtor, Michael Avenatti, and
the United States of America on Behalf of the
Internal Revenue Service Regarding Terms of
Payment of Taxes in the Event of Dismissal of
Bankruptcy Case Filed by Debtor Eagan Avenatti
01/30/2018 LLP (Saunders, Robert) (Entered: 01/30/2018)

342 Notice of lodgment of Order Approving Stipulation


(6 pgs) Among Debtor, Michael Avenatti, and the United
States of America on Behalf of the Internal
Revenue Service Regarding Terms of Payment of
Taxes in the Event of Dismissal of Bankruptcy Case
Filed by Debtor Eagan Avenatti LLP (RE: related
document(s)341 Stipulation By Eagan Avenatti
LLP and /Stipulation Among Debtor, Michael
Avenatti, and the United States of America on
Behalf of the Internal Revenue Service Regarding
Terms of Payment of Taxes in the Event of
Dismissal of Bankruptcy Case Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
01/30/2018 01/30/2018)

343 Motion /Debtor's Notice of Motion and Motion for


(67 pgs) Order Approving Settlement and Dismissing Case;
Memorandum of Points and Authorities;
Declaration of Michael J. Avenatti in Support Filed
by Debtor Eagan Avenatti LLP (Saunders, Robert)
01/30/2018 (Entered: 01/30/2018)

01/30/2018 344 Statement Submission Of Unpublished Judicial


(66 pgs) Dispositions As Cited In Debtors Motion For

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 70 of 143

Order Approving Settlement And Dismissing Cases


[relates to docket no. 343] Filed by Debtor Eagan
Avenatti LLP. (Saunders, Robert) (Entered:
01/30/2018)

345 Hearing Set (RE: related document(s)343 Generic


Motion filed by Debtor Eagan Avenatti LLP) The
Hearing date is set for 2/28/2018 at 10:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Firman,
01/30/2018 Karen) (Entered: 01/31/2018)

346 Amended Motion (related document(s): 146


(13 pgs) Motion to Extend Exclusivity Period for Filing a
Chapter 11 Plan and Disclosure Statement Notice
Of Motion And Motion For Order Extending Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Se filed by Debtor Eagan Avenatti
LLP, 275 Motion to Extend Exclusivity Period for
Filing a Chapter 11 Plan and Disclosure Statement
Notice Of Motion And Supplemental Motion For
Order Extending Time Periods During Which
Debtor Has Exclusive Right To File A Plan And
Solicit Acceptances Of It P filed by Debtor Eagan
Avenatti LLP) Notice Of Amended Motion And
Amended Motion For Order Extending Time
Periods During Which Debtor Has Exclusive Right
To File A Plan And Solicit Acceptances Of It
Pursuant To Section 1121(d) Of The Bankruptcy
Code; Memorandum Of Points And Authorities;
Declaration Of Michael J. Avenatti In Support Of
Motion, Motion to Extend Exclusivity Period for
Filing a Chapter 11 Plan and Disclosure Statement
Filed by Debtor Eagan Avenatti LLP (Saunders,
01/31/2018 Robert) (Entered: 01/31/2018)

01/31/2018 347 Supplemental , Proof of service Re: (1) Debtors


(7 pgs) Notice Of Motion And Motion For Order
Approving Settlement And Dismissing Case;
Memorandum Of Points And Authorities;
Declaration Of Michael J. Avenatti In Support;
And (2) Submission Of Unpublished Judicial
Dispositions As Cited In Debtors Motion For
Order Approving Settlement And Dismissing Case
Filed by Debtor Eagan Avenatti LLP (RE: related
document(s)343 Motion /Debtor's Notice of Motion
and Motion for Order Approving Settlement and

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 71 of 143

Dismissing Case; Memorandum of Points and


Authorities; Declaration of Michael J. Avenatti in
Support, 344 Statement). (Saunders, Robert)
(Entered: 01/31/2018)

348 Hearing Held - MOTION GRANTED but not


effective until February 28, 2018 (RE: related
document(s)312 Motion for Relief from Stay -
ACTION IN NON-BANKRUPTCY FORUM filed
by Creditor Stoll, Nussbaum & Polakov, APC)
01/31/2018 (Firman, Karen) (Entered: 02/02/2018)

349 Hearing Continued (RE: related document(s)146


Motion to Extend/Limit Exclusivity Period filed by
Debtor Eagan Avenatti LLP) The Hearing date is
set for 2/28/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/31/2018 02/02/2018)

350 Hearing Continued (RE: related document(s)155


Motion for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Jason
Frank Law, PLC) The Hearing date is set for
2/28/2018 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/31/2018 02/02/2018)

351 Hearing Continued re: Scheduling and case


management conference - Status hearing to be held
on 2/28/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
01/31/2018 02/02/2018)

352 Declaration re: of Michael Williams in Support


(4 pgs) Filed by Creditor Committee Official Committee of
Creditors Holding Unsecured Claims (RE: related
document(s)328 Application for Compensation and
Reimbursement of Expenses for Period July 1,
2017 through January 19, 2018 for Dinsmore &
Shohl, LLP, Creditor Comm. Aty, Period: 7/1/2017
to 1/19/2018, Fee: $102,422.00, Expenses:
02/02/2018 $695.71.). (Bowie, Peter) (Entered: 02/02/2018)

02/05/2018 353 Exhibit Submission of Exhibits C and D to


(26 pgs) Settlement Agreement and Releases Annexed to the
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 72 of 143

Declaration of Michael J. Avenatti Attached to the


Debtor's Notice of Motion and Motion for Order
Approving Settlement and Dismissing Case Filed
by Debtor Eagan Avenatti LLP (RE: related
document(s)343 Motion /Debtor's Notice of Motion
and Motion for Order Approving Settlement and
Dismissing Case; Memorandum of Points and
Authorities; Declaration of Michael J. Avenatti in
Support). (Saunders, Robert) (Entered: 02/05/2018)

354 Notice of lodgment Re: Filed by Creditor Stoll,


(5 pgs) Nussbaum & Polakov, APC (RE: related
document(s)312 Notice of motion and motion for
relief from automatic stay with supporting
declarations ACTION IN NON-BANKRUPTCY
FORUM RE: Eagan Avenatti v. Stoll, Nussbaum &
Polakov; with Proof of Service. Fee Amount $181,
Filed by Creditor Stoll, Nussbaum & Polakov, APC
(Attachments: # 1 Exhibit A)). (Polis, Thomas)
02/05/2018 (Entered: 02/05/2018)

355 Transcript Order Form, regarding Hearing Date


(1 pg) 02/05/18 Filed by Debtor Eagan Avenatti LLP.
02/06/2018 (Saunders, Robert) (Entered: 02/06/2018)

356 Order Granting motion for relief from automatic


(2 pgs) stay with Stoll, Nussbaum, Polakov re: ACTION
IN NON-BANKRUPTCY FORUM (BNC-PDF)
(Related Doc # 312 ) Signed on 2/6/2018 (Firman,
02/06/2018 Karen) (Entered: 02/06/2018)

357 Transcript Record Transmittal (Court transcript


records have been uploaded to FDS). For Order
Number: 18-CB-6. RE Hearing Date: 2/5/18,
[TRANSCRIPTION SERVICE PROVIDER:
ECHO REPORTING, Telephone number 858-453-
7590.] (RE: related document(s)355 Transcript
Order Form (Public Request) filed by Debtor
Eagan Avenatti LLP) (Mccall, Audrey) (Entered:
02/06/2018 02/06/2018)

Receipt of Tape Duplication Fee - $31.00 by 08.


Receipt Number 80070737. (admin) (Entered:
02/06/2018 02/06/2018)

02/07/2018 358 Supplemental Supplement in Support of Dinsmore


(17 pgs) & Shohl LLP's First and Final Chapter 11
Application for Compensation and Reimbursement
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 73 of 143

of Expenses Filed by Creditor Committee Official


Committee of Creditors Holding Unsecured
Claims. (Celentino, Christopher) (Entered:
02/07/2018)

359 Application for Compensation Application for (I)


(208 pgs; 2 docs) Entry of an Order, Nunc Pro Tunc, Authorizing the
Application For Employment Filed on April 6,
2017, by Baker Hostetler, LLP, as Counsel for the
Debtor, for the Period Beginning March 10, 2017
And Ending On May, 11, 2017, and (II) Entry of an
Order Awarding First and Final Compensation and
Reimbursement of Expenses for Baker Hostetler
LLP, Debtor's Attorney, Period: 3/10/2017 to
5/11/2017, Fee: $99972.50, Expenses: $1226.03.
Filed by Attorneys Ashley M McDow, Baker
Hostetler LLP (Attachments: # 1 Exhibit Exhibits
02/08/2018 A - I) (McDow, Ashley) (Entered: 02/08/2018)

360 Notice of Hearing Filed by Attorney Baker


(3 pgs) Hostetler LLP (RE: related document(s)359
Application for Compensation Application for (I)
Entry of an Order, Nunc Pro Tunc, Authorizing the
Application For Employment Filed on April 6,
2017, by Baker Hostetler, LLP, as Counsel for the
Debtor, for the Period Beginning March 10, 2017
And Ending On May, 11, 2017, and (II) Entry of an
Order Awarding First and Final Compensation and
Reimbursement of Expenses for Baker Hostetler
LLP, Debtor's Attorney, Period: 3/10/2017 to
5/11/2017, Fee: $99972.50, Expenses: $1226.03.
Filed by Attorneys Ashley M McDow, Baker
Hostetler LLP (Attachments: # 1 Exhibit Exhibits
02/08/2018 A - I)). (McDow, Ashley) (Entered: 02/08/2018)

361 Declaration re: of Elizabeth A. Green Filed by


(14 pgs) Attorney Baker Hostetler LLP (RE: related
document(s)359 Application for Compensation
Application for (I) Entry of an Order, Nunc Pro
Tunc, Authorizing the Application For Employment
Filed on April 6, 2017, by Baker Hostetler, LLP, as
Counsel for the Debtor, for the Period Beginning
March 10, 2017 And Endi). (McDow, Ashley)
02/08/2018 (Entered: 02/08/2018)

02/08/2018 362 Hearing Set (RE: related document(s)359


Application (I) Entry of an Order, NUNC PRO
TUNC, Authorizing the Application for

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 74 of 143

Employment filed on April 6, 2017, By Baker


Hostetler, LLP, as Counsel for the Debtor, for the
period beginning March 10, 2017 and ending on
May 11, 2017 and (II) Entry of an Order Awarding
first and Final Compensation and Reimbursement
of Expenses filed by Attorney Baker Hostetler
LLP) The Hearing date is set for 2/28/2018 at
10:00 AM at Crtrm 5B, 411 W Fourth St., Santa
Ana, CA 92701. The case judge is Catherine E.
Bauer (Steinberg, Elizabeth) (Entered: 02/08/2018)

363 Proof of service Proof of Service of Document


(8 pgs) Filed by Attorney Baker Hostetler LLP. (McDow,
02/08/2018 Ashley) (Entered: 02/08/2018)

364 Proof of service Proof of Service of Document


(4 pgs) Filed by Attorney Baker Hostetler LLP. (McDow,
02/08/2018 Ashley) (Entered: 02/08/2018)

Receipt of Tape Duplication Fee - $31.00 by 12.


Receipt Number 80070745. (admin) (Entered:
02/08/2018 02/08/2018)

365 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)356 Motion for relief from
automatic stay ACTION IN NON-BANKRUPTCY
FORUM (BNC-PDF)) No. of Notices: 2. Notice
02/08/2018 Date 02/08/2018. (Admin.) (Entered: 02/08/2018)

366 Stipulation By Eagan Avenatti LLP and Stipulation


(5 pgs) Regarding Reduction Of Fees Requested In First
And Final Application Of Pachulski Stang Ziehl &
Jones LLP For Final Approval Of Compensation
And Reimbursement Of Expenses As General
Bankruptcy Counsel For The Debtor And Debtor
In Possession Filed by Debtor Eagan Avenatti LLP
02/13/2018 (Saunders, Robert) (Entered: 02/13/2018)

02/13/2018 367 Notice of lodgment of Order Approving Stipulation


(6 pgs) Regarding Reduction Of Fees Requested In First
And Final Application Of Pachulski Stang Ziehl &
Jones LLP For Final Approval Of Compensation
And Reimbursement Of Expenses As General
Bankruptcy Counsel For The Debtor And Debtor
In Possession Filed by Debtor Eagan Avenatti LLP
(RE: related document(s)366 Stipulation By Eagan
Avenatti LLP and Stipulation Regarding Reduction
Of Fees Requested In First And Final Application
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 75 of 143

Of Pachulski Stang Ziehl & Jones LLP For Final


Approval Of Compensation And Reimbursement Of
Expenses As General Bankruptcy Counsel For The
Debtor And Debtor In Possession Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert) (Entered:
02/13/2018)

368 Objection (related document(s): 359 Application


(7 pgs) for Compensation Application for (I) Entry of an
Order, Nunc Pro Tunc, Authorizing the Application
For Employment Filed on April 6, 2017, by Baker
Hostetler, LLP, as Counsel for the Debtor, for the
Period Beginning March 10, 2017 And Endi filed
by Attorney Baker Hostetler LLP) Filed by U.S.
Trustee United States Trustee (SA) (Hauser,
02/13/2018 Michael) (Entered: 02/13/2018)

369 Notice Joinder in Support of the Objection of U.S.


(4 pgs) Trustee to Application For (i) Entry of an Order,
Nunc Pro Tunc, Authorizing the Application for
Employment Filed on April 6, 2017, by Baker
Hostetler, LLP, as Counsel for the Debtor, for the
Period Beginning March 10, 2017 and Ending On
May, 11, 2017, and (ii) Entry of an Order Awarding
First and Final Compensation and Reimbursement
of Expenses Filed by Creditor Committee Official
Committee of Creditors Holding Unsecured Claims
(RE: related document(s)368 Objection (related
document(s): 359 Application for Compensation
Application for (I) Entry of an Order, Nunc Pro
Tunc, Authorizing the Application For Employment
Filed on April 6, 2017, by Baker Hostetler, LLP, as
Counsel for the Debtor, for the Period Beginning
March 10, 2017 And Endi filed by Attorney Baker
Hostetler LLP) Filed by U.S. Trustee United States
Trustee (SA)). (Bowie, Peter) (Entered:
02/14/2018 02/14/2018)

370 Notice of lodgment of Order Filed by Creditor


(5 pgs) Committee Official Committee of Creditors
Holding Unsecured Claims (RE: related
document(s)328 Application for Compensation and
Reimbursement of Expenses for Period July 1,
2017 through January 19, 2018 for Dinsmore &
Shohl, LLP, Creditor Comm. Aty, Period: 7/1/2017
to 1/19/2018, Fee: $102,422.00, Expenses:
$695.71., 358 Supplemental). (Bowie, Peter)
02/14/2018 (Entered: 02/14/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 76 of 143

02/14/2018 371 Opposition to (related document(s): 343 Motion


(6 pgs) /Debtor's Notice of Motion and Motion for Order
Approving Settlement and Dismissing Case;
Memorandum of Points and Authorities;
Declaration of Michael J. Avenatti in Support filed
by Debtor Eagan Avenatti LLP) Unsecured
Creditor Stoll, Nussbaum & Polakovs Opposition
to Debtors Structured Dismissal Motion (ECF No.
343); with Proof of Service Filed by Creditor Stoll,
Nussbaum & Polakov, APC (Polis, Thomas)
(Entered: 02/14/2018)

374 Hearing Held - MOTION GRANTED; Order by


Attorney (RE: related document(s)328 Application
for Compensation filed by Attorney Dinsmore &
Shohl, LLP) (Firman, Karen) (Entered:
02/14/2018 02/16/2018)

375 Hearing Continued (RE: related document(s)329


Application for Compensation filed by Attorney
Pachulski Stang Ziehl & Jones LLP) The Hearing
date is set for 2/28/2018 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Firman, Karen)
02/14/2018 (Entered: 02/16/2018)

372 Monthly Operating Report. Operating Report


(34 pgs) Number: 11. For the Month Ending January 31,
2018 Filed by Debtor Eagan Avenatti LLP.
02/15/2018 (Saunders, Robert) (Entered: 02/15/2018)

373 Motion to Appear pro hac vice Application of Non-


(10 pgs; 2 docs) Resident Attorney To Appear In A Specified Case
Filed by Attorney Baker Hostetler LLP (McDow,
Ashley) Additional attachment(s) added on
02/16/2018 2/16/2018 (Mccall, Audrey). (Entered: 02/16/2018)

376 Stipulation By Eagan Avenatti LLP and Fifth


(5 pgs) Renewed Stipulation Permitting Use Of Cash
Collateral And Providing Adequate Protection For
The United States Of America On Behalf Of The
Internal Revenue Service Filed by Debtor Eagan
Avenatti LLP (Saunders, Robert) (Entered:
02/16/2018 02/16/2018)

02/21/2018 377 Reply to (related document(s): 343 Motion


(11 pgs) /Debtor's Notice of Motion and Motion for Order
Approving Settlement and Dismissing Case;
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 77 of 143

Memorandum of Points and Authorities;


Declaration of Michael J. Avenatti in Support filed
by Debtor Eagan Avenatti LLP, 371 Opposition
filed by Creditor Stoll, Nussbaum & Polakov,
APC) Debtors Reply To Stoll, Nussbaum &
Polakov, APCS Opposition To Debtors Motion For
Order Approving Settlement And Dismissing Case;
Declaration Of Michael J. Avenatti In Support Of
Reply Filed by Debtor Eagan Avenatti LLP
(Saunders, Robert) (Entered: 02/21/2018)

378 Notice Joinder in Support of Debtor's Reply to


(4 pgs) Stoll, Nussbaum & Polakov, APC's Opposition to
Debtor's Motion for Order Approving Settlement
and Dismissing Case Filed by Creditor Committee
Official Committee of Creditors Holding
Unsecured Claims (RE: related document(s)377
Reply to (related document(s): 343 Motion
/Debtor's Notice of Motion and Motion for Order
Approving Settlement and Dismissing Case;
Memorandum of Points and Authorities;
Declaration of Michael J. Avenatti in Support filed
by Debtor Eagan Avenatti LLP, 371 Opposition
filed by Creditor Stoll, Nussbaum & Polakov,
APC) Debtors Reply To Stoll, Nussbaum &
Polakov, APCS Opposition To Debtors Motion For
Order Approving Settlement And Dismissing Case;
Declaration Of Michael J. Avenatti In Support Of
Reply Filed by Debtor Eagan Avenatti LLP).
02/21/2018 (Celentino, Christopher) (Entered: 02/21/2018)

379 Notice of lodgment of Order on Application of


(4 pgs) Non-Resident Attorney to Appear in a Specific
Case [LBR 2090-1(b)] Filed by Debtor Eagan
Avenatti LLP (RE: related document(s)373 Motion
to Appear pro hac vice Application of Non-Resident
Attorney To Appear In A Specified Case Filed by
Attorney Baker Hostetler LLP (McDow, Ashley)
Additional attachment(s) added on 2/16/2018.).
02/21/2018 (Farivar, Fahim) (Entered: 02/21/2018)

02/22/2018 380 Reply to (related document(s): 368 Objection filed


(11 pgs) by U.S. Trustee United States Trustee (SA), 369
Notice filed by Creditor Committee Official
Committee of Creditors Holding Unsecured
Claims) Reply to the Objection of the U.S. Trustee
to BHs Application for (I) Entry of an Order, Nunc
Pro Tunc, Authorizing the Application For

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 78 of 143

Employment Filed by BH On April 6, 2017, as


Counsel for the Debtor, for the Period Beginning
March 10, 2017 and Ending on May 11, 2017, and
(Ii) for Entry of an Order Awarding First and Final
Compensation and Reimbursement of Expenses
Filed by Attorney Baker Hostetler LLP (McDow,
Ashley) (Entered: 02/22/2018)

381 Brief Supplement in Support of Baker & Hostetlers


(7 pgs; 2 docs) First and Final Application for Compensation and
Reimbursement of Expenses for the Period March
10, 2017 to December 31, 2017; Declaration of
Ashley M. McDow Filed by Attorney Baker
Hostetler LLP (RE: related document(s)359
Application for Compensation Application for (I)
Entry of an Order, Nunc Pro Tunc, Authorizing the
Application For Employment Filed on April 6,
2017, by Baker Hostetler, LLP, as Counsel for the
Debtor, for the Period Beginning March 10, 2017
And Endi). (Attachments: # 1 Exhibit Exhibit A)
02/22/2018 (McDow, Ashley) (Entered: 02/22/2018)

382 Order Granting Motion To Appear pro hac vice for


(1 pg) Tiffany Payne Geyer of Baker & Hostettler, LLP.
(BNC-PDF) (Related Doc # 373 ) Signed on
02/22/2018 2/22/2018 (Firman, Karen) (Entered: 02/22/2018)

383 Notice of Errata Filed by Debtor Eagan Avenatti


(16 pgs) LLP (RE: related document(s)381 Brief
Supplement in Support of Baker & Hostetlers First
and Final Application for Compensation and
Reimbursement of Expenses for the Period March
10, 2017 to December 31, 2017; Declaration of
Ashley M. McDow Filed by Attorney Baker
Hostetler LLP (RE: related document(s)359
Application for Compensation Application for (I)
Entry of an Order, Nunc Pro Tunc, Authorizing the
Application For Employment Filed on April 6,
2017, by Baker Hostetler, LLP, as Counsel for the
Debtor, for the Period Beginning March 10, 2017
And Endi). (Attachments: # 1 Exhibit Exhibit A)).
02/22/2018 (Farivar, Fahim) (Entered: 02/22/2018)

02/23/2018 384 Motion Debtor's Notice of Motion and Expedited


(11 pgs) Motion Requesting Correction of Error in Order
Granting Motion of Stoll, Nussbaum & Polakov,
APC for Relief from the Automatic Stay;
Declaration of Robert M. Saunders in Support of

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 79 of 143

Motion re Dkt. 356 Filed by Debtor Eagan Avenatti


LLP (Saunders, Robert) (Entered: 02/23/2018)

385 Application shortening time Application for Order


(18 pgs) Shortening Notice Period for Hearing on Debtor's
Expedited Motion Requesting Correction of Error
in Order Granting Motion of Stoll, Nussbaum &
Polakov, APC for Relief from the Automatic Stay;
Declaration of Robert M. Saunders in Support of
Motion Filed by Debtor Eagan Avenatti LLP
02/23/2018 (Saunders, Robert) (Entered: 02/23/2018)

386 Notice of lodgment Filed by Debtor Eagan Avenatti


(8 pgs) LLP (RE: related document(s)385 Application
shortening time Application for Order Shortening
Notice Period for Hearing on Debtor's Expedited
Motion Requesting Correction of Error in Order
Granting Motion of Stoll, Nussbaum & Polakov,
APC for Relief from the Automatic Stay;
Declaration of Robert M. Saunders in Support of
Motion Filed by Debtor Eagan Avenatti LLP).
02/23/2018 (Saunders, Robert) (Entered: 02/23/2018)

387 Objection (related document(s): 381 Brief filed by


(6 pgs) Attorney Baker Hostetler LLP) Michael Avenatti
and Avenatti & Associates Objection to Supplement
in Support of Baker & Hostetler's First and Final
Application for Compensation and Reimbursement
of Expenses for the Period March 10, 2017 to
December 31, 2017 w/Proof of Service Filed by
Interested Parties Avenatti & Associates, Michael
02/23/2018 Avenatti (Horoupian, Mark) (Entered: 02/23/2018)

388 BNC Certificate of Notice - PDF Document. (RE:


(3 pgs) related document(s)382 Order on Motion to Appear
pro hac vice (BNC-PDF)) No. of Notices: 2. Notice
02/24/2018 Date 02/24/2018. (Admin.) (Entered: 02/24/2018)

02/26/2018 389 Exhibit Notice Of Amended Exhibit Of Proposed


(26 pgs) Dismissal Order (Encompassing Mediated
Agreement) And Transcript Of Mediated
Agreement Filed by Debtor Eagan Avenatti LLP
(RE: related document(s)343 Motion /Debtor's
Notice of Motion and Motion for Order Approving
Settlement and Dismissing Case; Memorandum of
Points and Authorities; Declaration of Michael J.
Avenatti in Support). (Saunders, Robert) (Entered:
02/26/2018)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 80 of 143

390 Notice of lodgment of Amended Order Granting


(5 pgs) Motion for Relief From Automatic Stay Under 11
U.S.C. Section 362 (Action in Nonbankruptcy
Forum); with Proof of Service Filed by Creditor
Stoll, Nussbaum & Polakov, APC (RE: related
document(s)312 Notice of motion and motion for
relief from automatic stay with supporting
declarations ACTION IN NON-BANKRUPTCY
FORUM RE: Eagan Avenatti v. Stoll, Nussbaum
& Polakov; with Proof of Service. Fee Amount
$181, Filed by Creditor Stoll, Nussbaum &
Polakov, APC (Attachments: # 1 Exhibit A)).
02/27/2018 (Polis, Thomas) (Entered: 02/27/2018)

391 Amended Order Granting motion for relief from


(2 pgs) automatic stay with Stoll, Nussbaum & Polakov
re: ACTION IN NON-BANKRUPTCY FORUM
(BNC-PDF) (Related Doc # 312 ) Signed on
02/27/2018 2/27/2018 (Firman, Karen) (Entered: 02/27/2018)

392 Notice /Notice of Debtor's Objection to Proof of


(19 pgs) Claim 5-1 as Filed by Stoll, Nussbaum & Polakov,
APC; Memorandum of Points and Authorities
Filed by Debtor Eagan Avenatti LLP. (Hunter,
02/27/2018 James) (Entered: 02/27/2018)

393 Errata Notice Of Errata Re: Notice Of Objection


(4 pgs) To Proof Of Claim 5-1 As Filed By Stoll,
Nussbaum & Polakov, APC Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)392
02/28/2018 Notice). (Hunter, James) (Entered: 02/28/2018)

397 Hearing Held - Granted; Order by attorney (RE:


related document(s)329 Application for
Compensation filed by Attorney Pachulski Stang
Ziehl & Jones LLP) (Mccall, Audrey) (Entered:
02/28/2018 03/02/2018)

398 Hearing Held - Granted; Order by attorney (RE:


related document(s)343 Generic Motion filed by
Debtor Eagan Avenatti LLP) (Mccall, Audrey)
02/28/2018 (Entered: 03/02/2018)

02/28/2018 399 Hearing Continued (RE: related document(s)346


Amended Motion filed by Debtor Eagan Avenatti
LLP) The Hearing date is set for 3/21/2018 at
09:30 AM at Crtrm 5D, 411 W Fourth St., Santa

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 81 of 143

Ana, CA 92701. The case judge is Catherine E.


Bauer (Mccall, Audrey) (Entered: 03/02/2018)

400 Hearing Continued (RE: related document(s)155


Motion for Relief from Stay - ACTION IN NON-
BANKRUPTCY FORUM filed by Creditor Jason
Frank Law, PLC) The Hearing date is set for
3/21/2018 at 09:30 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge
is Catherine E. Bauer (Mccall, Audrey) (Entered:
02/28/2018 03/02/2018)

401 Hearing Continued - Scheduling and Case


Management Conference 1). Status hearing to be
held on 3/21/2018 at 09:30 AM at Crtrm 5D, 411
W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Mccall, Audrey)
02/28/2018 (Entered: 03/02/2018)

402 Hearing Continued (RE: related document(s)359


Application for Compensation filed by Attorney
Baker Hostetler LLP) The Hearing date is set for
3/21/2018 at 09:30 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge
is Catherine E. Bauer (Mccall, Audrey) (Entered:
02/28/2018 03/02/2018)

03/01/2018 394 Withdrawal re: Notice Of Withdrawal Of:


(4 pgs) Expedited Motion Requesting Correction Of Error
In Order Granting Motion Of Stoll, Nussbaum &
Polakov, APC For Relief From The Automatic
Stay]; And Application For Order Shortening
Notice Period For Hearing On Debtors Expedited
Motion Requesting Correction Of Error In Order
Granting Motion Of Stoll, Nussbaum & Polakov,
APC For Relief From The Automatic Stay Filed
by Debtor Eagan Avenatti LLP (RE: related
document(s)356 Motion for relief from automatic
stay ACTION IN NON-BANKRUPTCY FORUM
(BNC-PDF), 384 Motion Debtor's Notice of
Motion and Expedited Motion Requesting
Correction of Error in Order Granting Motion of
Stoll, Nussbaum & Polakov, APC for Relief from
the Automatic Stay; Declaration of Robert M.
Saunders in Support of Motion re Dkt. [3, 385
Application shortening time Application for Order
Shortening Notice Period for Hearing on Debtor's
Expedited Motion Requesting Correction of Error

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 82 of 143

in Order Granting Motion of Stoll, Nussbaum &


Polakov, APC for Relief from the Automatic Stay;
Dec, 391 Motion for relief from automatic stay
ACTION IN NON-BANKRUPTCY FORUM
(BNC-PDF)). (Saunders, Robert) (Entered:
03/01/2018)

395 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)391 Motion for relief from
automatic stay ACTION IN NON-
BANKRUPTCY FORUM (BNC-PDF)) No. of
Notices: 2. Notice Date 03/01/2018. (Admin.)
03/01/2018 (Entered: 03/01/2018)

396 Notice of lodgment of Order Approving


(6 pgs) Stipulation Among Debtor, Michael Avenatti, and
the United States of America on Behalf of the
Internal Revenue Service Regarding Terms of
Payment of Taxes in the Event of Dismissal of
Bankruptcy Case Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)341 Stipulation By
Eagan Avenatti LLP and /Stipulation Among
Debtor, Michael Avenatti, and the United States of
America on Behalf of the Internal Revenue
Service Regarding Terms of Payment of Taxes in
the Event of Dismissal of Bankruptcy Case Filed
by Debtor Eagan Avenatti LLP). (Saunders,
03/02/2018 Robert) (Entered: 03/02/2018)

Hearing (Bk Motion) Continued (RE: related


document(s) 155 MOTION FOR RELIEF FROM
STAY - ACTION IN NON-BANKRUPTCY
FORUM filed by Jason Frank Law, PLC) Hearing
to be held on 03/21/2018 at 09:30 AM Ronald
Reagan Federal Bldg 411 W Fourth St Crtrm 5D
Santa Ana, CA 92701 for 155 , (Mccall, Audrey)
03/02/2018 (Entered: 03/02/2018)

403 Stipulation By Eagan Avenatti LLP and Revised


(5 pgs) Stipulation Regarding Reduction of Fees
Requested in First and Final Application of
Pachulski Stang Ziehl & Jones LLP For Final
Approval of Compensation And Reimbursement of
Expenses as General Bankruptcy Counsel For the
Debtor And Debtor in Possession Filed by Debtor
Eagan Avenatti LLP (Saunders, Robert) (Entered:
03/12/2018 03/12/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 83 of 143

03/12/2018 404 Notice of lodgment of Order Approving


(6 pgs) Stipulation Regarding Reduction Of Fees
Requested In First And Final Application Of
Pachulski Stang Ziehl & Jones LLP For Final
Approval Of Compensation And Reimbursement
Of Expenses As General Bankruptcy Counsel For
The Debtor And Debtor In Possession Filed by
Debtor Eagan Avenatti LLP (RE: related
document(s)403 Stipulation By Eagan Avenatti
LLP and Revised Stipulation Regarding Reduction
of Fees Requested in First and Final Application
of Pachulski Stang Ziehl & Jones LLP For Final
Approval of Compensation And Reimbursement of
Expenses as General Bankruptcy Counsel For the
Debtor And Debtor in Possession Filed by Debtor
Eagan Avenatti LLP). (Saunders, Robert)
(Entered: 03/12/2018)

405 Transfer of Claim Transfer Agreement 3001 (e) 2


(5 pgs; 2 docs) Transferor: Green Street Advisors LLC (Claim
No. 15) To C. Spound and M. Spound,
Administrators Fee Amount $25 To C. Spound
and M. Spound, AdministratorsC/O J. Frank,
Frank Sims & Stolper19800 MacArthur Blvd.,
Suite 855Irvine, CA 92612 Filed by Creditor
Jason Frank Law, PLC. (Chenetz, Sara) (Entered:
03/12/2018 03/12/2018)

Receipt of Transfer of Claim (Fee)(8:17-bk-


11961-CB) [claims,trclm] ( 25.00) Filing Fee.
Receipt number 46615127. Fee amount 25.00. (re:
03/12/2018 Doc# 405) (U.S. Treasury) (Entered: 03/12/2018)

406 Notice of motion and motion for relief from the


(61 pgs) automatic stay with supporting declarations
UNLAWFUL DETAINER RE: 520 Newport
Center Drive, Suite 1400, Newport Beach, CA
92660 (520 Premises) AND 3 Storage Space
leases at the 520 Premises and 500 Newport
Center Drive, Newport Beach, CA 92660 with
proof of service. Fee Amount $181, Filed by
Creditor The Irvine Company (Pagter, R)
03/14/2018 (Entered: 03/14/2018)

03/14/2018 Receipt of Motion for Relief from Stay -


Unlawful Detainer(8:17-bk-11961-CB)
[motion,nmud] ( 181.00) Filing Fee. Receipt

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 84 of 143

number 46628815. Fee amount 181.00. (re: Doc#


406) (U.S. Treasury) (Entered: 03/14/2018)

407 Hearing Set (RE: related document(s)406 Motion


for Relief from Stay - Unlawful Detainer filed by
Creditor The Irvine Company) The Hearing date
is set for 4/11/2018 at 10:00 AM at Crtrm 5D, 411
W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Firman, Karen)
03/14/2018 (Entered: 03/14/2018)

408 Declaration re: Declaration of Mark S. Horoupian


(5 pgs) Relating to Debtor's Motion for an Order
Approving Settlement and Dismissing Case
w/Proof of Service Filed by Interested Parties
Michael Avenatti, Avenatti & Associates (RE:
related document(s)343 Motion /Debtor's Notice
of Motion and Motion for Order Approving
Settlement and Dismissing Case; Memorandum of
Points and Authorities; Declaration of Michael J.
Avenatti in Support). (Horoupian, Mark) (Entered:
03/15/2018 03/15/2018)

409 Declaration re: of Christopher Celentino


(4 pgs) Regarding Executed Forms for Confessions of
Judgment for Certain Identified Unsecured
Claims Filed by Creditor Committee Official
Committee of Creditors Holding Unsecured
Claims (RE: related document(s)343 Motion
/Debtor's Notice of Motion and Motion for Order
Approving Settlement and Dismissing Case;
Memorandum of Points and Authorities;
Declaration of Michael J. Avenatti in Support).
03/15/2018 (Celentino, Christopher) (Entered: 03/15/2018)

410 Reply to (related document(s): 392 Notice filed


(4 pgs) by Debtor Eagan Avenatti LLP) Unsecured
Creditor Stoll, Nussbaum & Polakovs Response to
Debtors Objection to Claim No. 5 Filed by Stoll,
Nussbaum & Polakov (Ecf No. 392); with Proof of
Service Filed by Creditor Stoll, Nussbaum &
Polakov, APC (Polis, Thomas) (Entered:
03/15/2018 03/15/2018)

03/15/2018 411 Notice of Hearing Notice of Continued


(4 pgs) Hearing/Status Conference Filed by Debtor Eagan
Avenatti LLP. (Saunders, Robert) (Entered:
03/15/2018)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 85 of 143

412 Order Granting Motion Approving Settlement and


(4 pgs) Dismissing Case and Related Relief (BNC-PDF)
(Related Doc # 343 ) Signed on 3/15/2018
03/15/2018 (Mccall, Audrey) (Entered: 03/15/2018)

413 Order Granting Stipulation Regarding terms of


(2 pgs) payment of taxes in the event of Dismissal of
Bankruptcy Case (BNC-PDF) (Related Doc # 341
) Signed on 3/15/2018 (Mccall, Audrey) (Entered:
03/15/2018 03/15/2018)

414 Order Granting Stipulation Regarding Reduction


(2 pgs) of Fees Requested in First and Final Application
of Pachulski Stang Ziehl & Jones LLP for Final
Approval of Compensation and Reimbursement
of Expenses as General Bankruptcy Counsel for
the Debtor and Debtor In Possession (BNC-PDF)
(Related Doc # 403 ) Signed on 3/15/2018
03/15/2018 (Mccall, Audrey) (Entered: 03/15/2018)

415 Notice of dismissal (BNC) (RE related document


03/15/2018 (1 pg) 412) (Mccall, Audrey) (Entered: 03/15/2018)

416 BNC Certificate of Notice - Transfer of Claim


(3 pgs) (RE: related document(s)405 Transfer of Claim
(Fee) filed by Creditor Jason Frank Law, PLC)
No. of Notices: 1. Notice Date 03/15/2018.
03/15/2018 (Admin.) (Entered: 03/15/2018)

417 BNC Certificate of Notice - PDF Document. (RE:


(6 pgs) related document(s)412 Order on Generic Motion
(BNC-PDF)) No. of Notices: 2. Notice Date
03/17/2018 03/17/2018. (Admin.) (Entered: 03/17/2018)

418 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)413 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
03/17/2018 Date 03/17/2018. (Admin.) (Entered: 03/17/2018)

419 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)414 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
03/17/2018 Date 03/17/2018. (Admin.) (Entered: 03/17/2018)

03/18/2018 420 BNC Certificate of Notice (RE: related


(5 pgs) document(s)415 Notice of dismissal (BNC)) No.

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 86 of 143

of Notices: 81. Notice Date 03/18/2018. (Admin.)


(Entered: 03/18/2018)

Hearing Set (RE: related document(s) 406 Motion


for Relief from Stay - Unlawful Detainer filed by
The Irvine Company) Hearing to be held on
04/11/2018 at 10:00 AM Ronald Reagan Federal
Bldg 411 W Fourth St Crtrm 5D Santa Ana, CA
92701. The hearing judge is Catherine Bauer
03/19/2018 (Mccall, Audrey) (Entered: 03/19/2018)

421 Hearing Held - OFF CALENDAR - ORDER


GRANTING MOTION APPROVING
SETTLEMENT AND DISMISSING CASE AND
RELATED RELIEF ENTERED 3/15/2018 (RE:
related document(s)346 Amended Motion filed by
Debtor Eagan Avenatti LLP) (Firman, Karen)
03/21/2018 (Entered: 03/22/2018)

422 Hearing Held - OFF CALENDAR - ORDER


GRANTING MOTION APPROVING
SETTLEMENT AND DISMISSING CASE AND
RELATED RELIEF ENTERED 3/15/2018 (RE:
related document(s)155 Motion for Relief from
Stay - ACTION IN NON-BANKRUPTCY
FORUM filed by Creditor Jason Frank Law, PLC)
03/21/2018 (Firman, Karen) (Entered: 03/22/2018)

423 Hearing Continued on scheduling and case


management conference - Status hearing to be
held on 4/4/2018 at 10:00 AM at Crtrm 5D, 411
W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Firman, Karen)
03/21/2018 (Entered: 03/22/2018)

424 Hearing Continued (RE: related document(s)359


Application for Compensation filed by Attorney
Baker Hostetler LLP) The Hearing date is set for
4/4/2018 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Firman, Karen) (Entered:
03/21/2018 03/22/2018)

03/23/2018 425 Withdrawal re: by the Irvine Company of its


(2 pgs) Motion for Relief from the Automatic Stay with
proof of service Filed by Creditor The Irvine
Company (RE: related document(s)406 Notice of
motion and motion for relief from the automatic
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 87 of 143

stay with supporting declarations UNLAWFUL


DETAINER RE: 520 Newport Center Drive, Suite
1400, Newport Beach, CA 92660 (520 Premises)
AND 3 Storage Space leases at the 520 Premises
and 500 Newpor). (Pagter, R) (Entered:
03/23/2018)

426 Stipulation By Baker Hostetler LLP and


(12 pgs) STIPULATION REGARDING THE BAKER
HOSTETLER LLP NUNC PRO TUNC
EMPLOYMENT APPLICATION [DKT. NO. 45],
BAKER HOSTETLER FEE APPLICATION [DKT.
NO. 359] AND OBJECTION OF UNITED
STATES TRUSTEE [DKT. NO. 368] AND
COMMITTEE JOINDER [DKT. NO. 369] AND
BAKER HOSTETLER LLP REPLY [DKT. NO.
380], THE BAKER HOSTETLER LLP
SUPPLEMENT [DKT. NO. 381] AND THE
OBJECTION THERETO BY MICHAEL J.
AVENATTI [DKT. NO. 387] Filed by Attorney
Baker Hostetler LLP (McDow, Ashley) (Entered:
03/27/2018 03/27/2018)

427 Notice of lodgment Filed by Attorney Baker


(6 pgs) Hostetler LLP (RE: related document(s)426
Stipulation By Baker Hostetler LLP and
STIPULATION REGARDING THE BAKER
HOSTETLER LLP NUNC PRO TUNC
EMPLOYMENT APPLICATION [DKT. NO. 45],
BAKER HOSTETLER FEE APPLICATION [DKT.
NO. 359] AND OBJECTION OF UNITED
STATES TRUSTEE [DKT. NO. 368] AND
COMMITTEE JOINDER [DKT. NO. 369] AND
BAKER HOSTETLER LLP REPLY [DKT. NO.
380], THE BAKER HOSTETLER LLP
SUPPLEMENT [DKT. NO. 381] AND THE
OBJECTION THERETO BY MICHAEL J.
AVENATTI [DKT. NO. 387] Filed by Attorney
Baker Hostetler LLP). (McDow, Ashley)
03/27/2018 (Entered: 03/27/2018)

03/29/2018 428 Notice of lodgment Amended Notice of Lodgment


(6 pgs) of Order In Bankruptcy Case Re: Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)426
Stipulation By Baker Hostetler LLP and
STIPULATION REGARDING THE BAKER
HOSTETLER LLP NUNC PRO TUNC
EMPLOYMENT APPLICATION [DKT. NO. 45],

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 88 of 143

BAKER HOSTETLER FEE APPLICATION [DKT.


NO. 359] AND OBJECTION OF UNITED
STATES TRUSTEE [DKT. NO. 368] AND
COMM). (McDow, Ashley) (Entered: 03/29/2018)

429 Order approving stipulation regarding Baker


(2 pgs) Hostetler LLP's nunc pro tunc employment
application and Baker Hostetler's fee application
(BNC-PDF) (Related Doc # 426 ) Signed on
04/03/2018 4/3/2018 (Firman, Karen) (Entered: 04/03/2018)

430 Hearing Held RE Scheduling and Case


Management Conference - OFF CALENDAR;
Case Dismissed 3/15/18 (RE related document 1)
04/04/2018 (Mccall, Audrey) (Entered: 04/04/2018)

431 Hearing Held - OFF CALENDAR; Per


Stipulation/Order signed 4/3/18 (RE: related
document(s)359 Application for Compensation
filed by Attorney Baker Hostetler LLP) (Mccall,
04/04/2018 Audrey) (Entered: 04/04/2018)

432 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)429 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice
04/05/2018 Date 04/05/2018. (Admin.) (Entered: 04/05/2018)

433 Hearing Held - OFF CALENDAR; Notice of


withdrawal of motion filed 3/23/18 (RE: related
document(s)406 Motion for Relief from Stay -
Unlawful Detainer filed by Creditor The Irvine
04/11/2018 Company) (Firman, Karen) (Entered: 04/12/2018)

434 Motion to Reopen Chapter 11 Case Notice of


(74 pgs) Motion and Motion to Reopen Chapter 11
Bankruptcy Case Pursuant to 11 U.S.C. section
350(b) for Purpose of Entering Final Judgment;
Memorandum of Points and Authorities and
Declaration of Jason M. Franks in Support
Thereof. Fee Amount $1167 Filed by Creditor
Jason Frank Law PLC, Jason M. Frank, Esq.,
Scott H. Sims, Esq., and Frank Sims & Stolper
LLP (Gamliel, Amir) WARNING: Item
subsequently amended by docket entry #437.
Modified on 5/21/2018 (Firman, Karen).
05/18/2018 (Entered: 05/18/2018)

05/18/2018
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 89 of 143

Receipt of Motion to Reopen Case(8:17-bk-


11961-CB) [motion,mreop] (1167.00) Filing Fee.
Receipt number 47031026. Fee amount 1167.00.
(re: Doc# 434) (U.S. Treasury) (Entered:
05/18/2018)

435 Application shortening time re Order Setting


(9 pgs) Hearing on Shortened Notice Filed by Creditor
Jason Frank Law, PLC (Chenetz, Sara) (Entered:
05/18/2018 05/18/2018)

436 Motion for Entry of Judgment Against Eagan


(79 pgs; 4 docs) Avenatti, LLP and in Favor of Jason Frank Law,
PLC; Memorandum of Points and Authorities and
Declaration of Jason M. Frank in Support Thereof
Filed by Creditor Jason Frank Law, PLC
(Attachments: # 1 Affidavit Declaration of Jason
M. Frank in Support of (I) Motion for Entry of
Judgment Against Eagan Avenatti, LLP and in
Favor of Jason Frank Law, PLC; and (II)
Application for Order Setting Hearing on Motion
on Shortened Notice # 2 Exhibit A - C to
Declaration of Jason M. Frank # 3 Exhibit D - F
to Declaration of Jason M. Frank) (Chenetz, Sara)
05/18/2018 (Entered: 05/18/2018)

437 Notice to Filer of Error and/or Deficient


Document Other - THIS CASE IS NOT
CLOSED. IT WAS DISMISSED ON 3/15/18.
HOWEVER, THE COURT HAS NOT
CLOSED THE CASE. PLEASE
WITHDRAWAL THIS MOTION (RE: related
document(s)434 Motion to Reopen Case filed by
Creditor Jason Frank Law PLC, Jason M. Frank,
Esq., Scott H. Sims, Esq., and Frank Sims &
Stolper LLP) (Firman, Karen) (Entered:
05/21/2018 05/21/2018)

438 Order granting application and setting hearing on


(4 pgs) shortened notice re: Motion for entry of judgment
against Eagan Avenatti, LLP., etc 436 - Hearing
set for 5/22/2018 @ 10:00 a.m. (BNC-PDF)
(Related Doc # 435 ) Signed on 5/21/2018
05/21/2018 (Firman, Karen) (Entered: 05/21/2018)

05/21/2018 439 Hearing Set (RE: related document(s)436 Generic


Motion filed by Creditor Jason Frank Law, PLC)
The Hearing date is set for 5/22/2018 at 10:00
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 90 of 143

AM at Crtrm 5D, 411 W Fourth St., Santa Ana,


CA 92701. The case judge is Catherine E. Bauer
(Firman, Karen) (Entered: 05/21/2018)

440 Notice of Hearing on Motion for Entry of


(5 pgs) Judgment Against Eagan Avenatti, LLP and in
Favor of Jason Frank Law, PLC Filed by Creditor
Jason Frank Law, PLC (RE: related
document(s)436 Motion for Entry of Judgment
Against Eagan Avenatti, LLP and in Favor of
Jason Frank Law, PLC; Memorandum of Points
and Authorities and Declaration of Jason M.
Frank in Support Thereof Filed by Creditor Jason
Frank Law, PLC (Attachments: # 1 Affidavit
Declaration of Jason M. Frank in Support of (I)
Motion for Entry of Judgment Against Eagan
Avenatti, LLP and in Favor of Jason Frank Law,
PLC; and (II) Application for Order Setting
Hearing on Motion on Shortened Notice # 2
Exhibit A - C to Declaration of Jason M. Frank #
3 Exhibit D - F to Declaration of Jason M.
05/21/2018 Frank)). (Chenetz, Sara) (Entered: 05/21/2018)

441 Declaration re: Telephonic Notice of Hearing on


(6 pgs) Motion for Entry of Judgment Against Eagan
Avenatti, LLP and in Favor of Jason Frank Law,
PLC Filed by Creditor Jason Frank Law, PLC
(RE: related document(s)436 Motion for Entry of
Judgment Against Eagan Avenatti, LLP and in
Favor of Jason Frank Law, PLC; Memorandum of
Points and Authorities and Declaration of Jason
M. Frank in Support Thereof). (Chenetz, Sara)
05/21/2018 (Entered: 05/21/2018)

442 Declaration re: Email Notice of Hearing on


(12 pgs) Motion for Entry of Judgment Against Eagan
Avenatti, LLP and in Favor of Jason Frank Law,
PLC Filed by Creditor Jason Frank Law, PLC
(RE: related document(s)436 Motion for Entry of
Judgment Against Eagan Avenatti, LLP and in
Favor of Jason Frank Law, PLC; Memorandum of
Points and Authorities and Declaration of Jason
M. Frank in Support Thereof). (Chenetz, Sara)
05/21/2018 (Entered: 05/21/2018)

05/21/2018 443 Proof of service (Amended) re Application for


(4 pgs) Order Setting Hearing on Shortened Notice;
Motion for Entry of Judgment Against Eagan

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 91 of 143

Avenatti, LLP and in Favor of Jason Frank Law,


PLC; and Supporting Documents Filed by
Creditor Jason Frank Law, PLC (RE: related
document(s)435 Application shortening time re
Order Setting Hearing on Shortened Notice, 436
Motion for Entry of Judgment Against Eagan
Avenatti, LLP and in Favor of Jason Frank Law,
PLC; Memorandum of Points and Authorities and
Declaration of Jason M. Frank in Support
Thereof). (Chenetz, Sara) (Entered: 05/21/2018)

444 Order Granting Motion for Entry of Final


(2 pgs) Judgment against Eagan Avenatti, LLP and in
favor of Jason Frank Law, PLC, in the amount of
Ten Million Dollars and No Cents (BNC-PDF)
(Related Doc # 436 ) Signed on 5/22/2018
05/22/2018 (Mccall, Audrey) (Entered: 05/22/2018)

445 Final Judgment against Eagan Avenatti, LLP and


(2 pgs) in Favor of Jason Frank Law, PLC, in the amount
of Ten Million Dollars and No Cents (BNC-PDF)
(Related Doc # 436 ) Signed on 5/22/2018
05/22/2018 (Mccall, Audrey) (Entered: 05/22/2018)

446 Withdrawal re: Notice of Withdrawal of Motion to


(4 pgs) Reopen Chapter 11 Bankruptcy Case Filed by
Creditor Jason Frank Law, PLC (RE: related
document(s)434 Motion to Reopen Chapter 11
Case Notice of Motion and Motion to Reopen
Chapter 11 Bankruptcy Case Pursuant to 11
U.S.C. section 350(b) for Purpose of Entering
Final Judgment; Memorandum of Points and
Authorities and Declaration of Jason M. Franks
05/22/2018 in). (Chenetz, Sara) (Entered: 05/22/2018)

447 Hearing Held - Granted; Order by attorney (RE:


related document(s)436 Generic Motion filed by
Creditor Jason Frank Law, PLC) (Mccall, Audrey)
05/22/2018 (Entered: 05/23/2018)

448 BNC Certificate of Notice - PDF Document. (RE:


(6 pgs) related document(s)438 ORDER shortening time
(BNC-PDF)) No. of Notices: 2. Notice Date
05/23/2018 05/23/2018. (Admin.) (Entered: 05/23/2018)

05/24/2018 449 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)444 Order on Generic Motion

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 92 of 143

(BNC-PDF)) No. of Notices: 2. Notice Date


05/24/2018. (Admin.) (Entered: 05/24/2018)

450 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)445 Order on Generic Motion
(BNC-PDF)) No. of Notices: 2. Notice Date
05/24/2018 05/24/2018. (Admin.) (Entered: 05/24/2018)

451 Notice of Association of Jeffrey A. Clark &


(4 pgs) Associates, A.L.P.C. as Co-Counsel for Creditor
Jason Frank Law, PLC Filed by Creditor Jason
Frank Law, PLC. (Chenetz, Sara) (Entered:
06/04/2018 06/04/2018)

452 Extraneous document(s) filed with the bankruptcy


(4 pgs) petition Request for Service of Process by
Registered Process Server Filed by Creditor Jason
Frank Law, PLC. (Spaeth, Sara) WARNING:
DOCUMENT SUBSEQUENTLY AMENDED
BY DOCKET ENTRY 453 Modified on 6/6/2018
06/06/2018 (Steinberg, Elizabeth). (Entered: 06/06/2018)

453 Notice to Filer of Error and/or Deficient


Document Electronic signature does not
correspond to the attorney login. THE FILER
IS INSTRUCTED TO COMPLY WITH
SECTION 3 OF THE COURT MANUAL AND
EITHER REFILE THE DOCUMENT WITH
THE CORRECT LOGIN OR FILE A
SUBSTITUTION OF ATTORNEY. (RE: related
document(s)452 Extraneous Document(s) filed by
Creditor Jason Frank Law, PLC) (Steinberg,
06/06/2018 Elizabeth) (Entered: 06/06/2018)

454 Affidavit and Request for Issuance of Writ of


(2 pgs) Execution Filed by Jeffrey A Clark/Jeffrey A
Clark & Associates ALPC, Attorney for Jason
Frank Law, PLC. Re Final Judgment #445.
06/06/2018 (Roque, Jewell) (Entered: 06/06/2018)

455 Writ of Execution -Copy- Original issued


(5 pgs) 6/6/2018 filed by Jeffrey A Clark/Clark &
Associates PC, attorney for Jason Frank Law PLC
(Re Affidavit and Request for Issuance of Writ
06/06/2018 #454). (Roque, Jewell) (Entered: 06/06/2018)

06/07/2018 456 Extraneous document(s) filed with the bankruptcy


(4 pgs) petition Request for Service of Process by
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 93 of 143

Registered Process Server Filed by Creditor Jason


Frank Law, PLC. (Gamliel, Amir) (Entered:
06/07/2018)

457 Application for Service of Process by Registered


(4 pgs) Process Server Filed by Creditor Jason Frank
06/07/2018 Law, PLC (Gamliel, Amir) (Entered: 06/07/2018)

458 Notice of motion/application Notice of Motion


(7 pgs) and Motion for Entry of Assignment Order;
Memorandum of Points and Authorities in
Support Thereof Filed by Creditor Jason Frank
06/11/2018 Law, PLC. (Chenetz, Sara) (Entered: 06/11/2018)

459 Application shortening time Application for Order


(12 pgs; 3 docs) Setting Hearing on Shortened Notice (related
Dckt No. 458) Filed by Creditor Jason Frank Law,
PLC (Attachments: # 1 Affidavit Declaration of
Jason M. Frank # 2 Proposed Order) (Chenetz,
06/11/2018 Sara) (Entered: 06/11/2018)

460 Declaration re: Declaration of Jason M. Frank in


(177 pgs; 11 docs) Support of: (A) Motion for Entry of Assignment
Order; and (B) Application for Order Setting
Hearing on Motion on Shortened Notice Filed by
Creditor Jason Frank Law, PLC (RE: related
document(s)458 Notice of motion/application,
459 Application shortening time Application for
Order Setting Hearing on Shortened Notice
(related Dckt No. 458)). (Attachments: # 1 Exhibit
A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5
Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit
H # 9 Exhibit I # 10 Exhibit J) (Chenetz, Sara)
06/11/2018 (Entered: 06/11/2018)

461 Proof of service Filed by Creditor Jason Frank


(3 pgs) Law, PLC (RE: related document(s)458 Notice of
motion/application, 459 Application shortening
time Application for Order Setting Hearing on
Shortened Notice (related Dckt No. 458), 460
Declaration). (Chenetz, Sara) (Entered:
06/11/2018 06/11/2018)

462 Order approving application for service of process


(2 pgs) by registered process server (BNC-PDF) (Related
Doc # 457 ) Signed on 6/12/2018 (Firman, Karen)
06/12/2018 (Entered: 06/12/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 94 of 143

06/13/2018 463 Proof of service (Amended) Filed by Creditor


(4 pgs) Jason Frank Law, PLC (RE: related
document(s)459 Application shortening time
Application for Order Setting Hearing on
Shortened Notice (related Dckt No. 458)).
(Chenetz, Sara) (Entered: 06/13/2018)

464 Opposition to (related document(s): 459


(114 pgs; 3 docs) Application shortening time Application for Order
Setting Hearing on Shortened Notice (related
Dckt No. 458) filed by Creditor Jason Frank Law,
PLC) Filed by Debtor Eagan Avenatti LLP
(Attachments: # 1 Declaration of Michael J.
Avenatti # 2 Proof of Service) (Avenatti, Michael)
06/13/2018 (Entered: 06/13/2018)

465 Order Denying Application for Order Setting


(4 pgs) Hearing on Shrotened Notice [LBR 9075-1(b)]
RE: Motion for Entry of Assignment Order
(BNC-PDF) (Related Doc # 459) Signed on
6/13/2018 (Steinberg, Elizabeth) (Entered:
06/13/2018 06/13/2018)

466 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)462 Order on Application for
Service of Process by Registered Process Server
(BNC-PDF)) No. of Notices: 2. Notice Date
06/14/2018 06/14/2018. (Admin.) (Entered: 06/14/2018)

467 BNC Certificate of Notice - PDF Document. (RE:


(6 pgs) related document(s)465 ORDER shortening time
(BNC-PDF)) No. of Notices: 2. Notice Date
06/15/2018 06/15/2018. (Admin.) (Entered: 06/15/2018)

468 Notice of Association of Weintraub & Selth, APC


(4 pgs) as Co-Counsel for Judgment Creditor Jason
Frank Law, PLC Filed by Creditor Jason Frank
06/18/2018 Law, PLC. (Selth, James) (Entered: 06/18/2018)

469 Application For Appearance And Examination


(1 pg) Re: Enforcement of Judgment Filed by Creditor
Jason Frank Law, PLC (Selth, James) (Entered:
06/19/2018 06/19/2018)

06/20/2018 470 Motion to Amend (related document(s)458 Notice


(387 pgs; 3 docs) of motion/application) Amended Notice of Motion
and Amended Motion for Entry of Assignment and
Restraining Order; Memorandum of Points and
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 95 of 143

Authorities; and Affidavit of Jason M. Frank in


Support Thereof Filed by Creditor Jason Frank
Law, PLC (Attachments: # 1 Exhibit A - J to
Amended Motion # 2 Exhibit K - U to Amended
Motion) (Chenetz, Sara) (Entered: 06/20/2018)

471 Proof of service Filed by Creditor Jason Frank


(3 pgs) Law, PLC (RE: related document(s)470 Motion to
Amend (related document(s)458 Notice of
motion/application) Amended Notice of Motion
and Amended Motion for Entry of Assignment and
Restraining Order; Memorandum of Points and
Authorities; and Affidavit of Jason M. Frank in
Support There). (Chenetz, Sara) (Entered:
06/20/2018 06/20/2018)

472 Request for judicial notice (Submission of


(36 pgs; 2 docs) Unpublished Judicial Dispositions as Cited in
Amended Notice of Motion and Amended Motion
for Entry of Assignment and Restraining Order
Filed by Creditor Jason Frank Law, PLC (RE:
related document(s)470 Motion to Amend (related
document(s)458 Notice of motion/application)
Amended Notice of Motion and Amended Motion
for Entry of Assignment and Restraining Order;
Memorandum of Points and Authorities; and
Affidavit of Jason M. Frank in Support There).
(Attachments: # 1 Exhibit 1 - 8 to Submission of
Unpublished Judicial Dispositions) (Chenetz,
06/20/2018 Sara) (Entered: 06/20/2018)

473 Proof of service re Submission of Unpublished


(3 pgs) Judicial Dispositions as Cited in Amended Notice
of Motion and Amended Motion for Entry of
Assignment and Restraining Order Filed by
Creditor Jason Frank Law, PLC (RE: related
document(s)472 Request for judicial notice).
06/20/2018 (Chenetz, Sara) (Entered: 06/20/2018)

06/20/2018 474 Errata Replacing Exhibit I to Affidavit of Jason M.


(21 pgs) Frank in Support of Amended Notice of Motion
and Amended Motion for Entry of Assignment and
Restraining Order Filed by Creditor Jason Frank
Law, PLC (RE: related document(s)470 Motion to
Amend (related document(s)458 Notice of
motion/application) Amended Notice of Motion
and Amended Motion for Entry of Assignment and
Restraining Order; Memorandum of Points and

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 96 of 143

Authorities; and Affidavit of Jason M. Frank in


Support There). (Chenetz, Sara) (Entered:
06/20/2018)

476 Hearing Set (RE: related document(s)470 Motion


to Amend filed by Creditor Jason Frank Law,
PLC) The Hearing date is set for 7/11/2018 at
10:00 AM at Crtrm 5D, 411 W Fourth St., Santa
Ana, CA 92701. The case judge is Catherine E.
06/20/2018 Bauer (Firman, Karen) (Entered: 06/22/2018)

475 Proof of service (Amended) Filed by Creditor


(3 pgs) Jason Frank Law, PLC (RE: related
document(s)471 Proof of service, 473 Proof of
06/21/2018 service). (Chenetz, Sara) (Entered: 06/21/2018)

477 Order To Appear for Examination of Judgment


(2 pgs) Debtor RE Enforcement of Judgment, hereby
Orders the Application be Granted - To: Michael
Avenatti - You Are Ordered To Appear personally
before the Honorable Catherine Bauer, to: furnish
information to aid in enforcement of a money
judgment against the judgment debtor. Date of
Appearance July 25, 2018 at 10:00 AM,
Courtroom 5D (BNC-PDF) Signed on 6/21/2018
(RE: related document(s)469 Application
(Generic) filed by Creditor Jason Frank Law,
06/21/2018 PLC). (Mccall, Audrey) (Entered: 06/22/2018)

478 Hearing Set on Order To Appear for Examination


of Judgment Debtor The Hearing date is set for
7/25/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge
is Catherine E. Bauer (RE related document(s)
06/22/2018 469, 477) (Mccall, Audrey) (Entered: 06/22/2018)

479 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)477 Order (Generic) (BNC-
PDF)) No. of Notices: 2. Notice Date 06/24/2018.
06/24/2018 (Admin.) (Entered: 06/24/2018)

06/25/2018 480 Notice of Subpoena Commanding the Production


(11 pgs) of Documents Filed by Creditor Jason Frank Law,
PLC (RE: related document(s)477 Order To
Appear for Examination of Judgment Debtor RE
Enforcement of Judgment, hereby Orders the
Application be Granted - To: Michael Avenatti -
You Are Ordered To Appear personally before the
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 97 of 143

Honorable Catherine Bauer, to: furnish


information to aid in enforcement of a money
judgment against the judgment debtor. Date of
Appearance July 25, 2018 at 10:00 AM,
Courtroom 5D (BNC-PDF) Signed on 6/21/2018
(RE: related document(s)469 Application
(Generic) filed by Creditor Jason Frank Law,
PLC)., 478 Hearing Set on Order To Appear for
Examination of Judgment Debtor The Hearing
date is set for 7/25/2018 at 10:00 AM at Crtrm
5D, 411 W Fourth St., Santa Ana, CA 92701. The
case judge is Catherine E. Bauer (RE related
document(s) 469, 477)). (Selth, James) (Entered:
06/25/2018)

481 Proof of service Amended Filed by Creditor Jason


(3 pgs) Frank Law, PLC (RE: related document(s)480
06/25/2018 Notice). (Selth, James) (Entered: 06/25/2018)

482 Stipulation By Eagan Avenatti LLP and Jason


(4 pgs) Frank Law, PLC - Stipulation Extending Deadline
for Debtor to Respond to Jason Frank Law, PLC's
Amended Motion for Entry of Assignment and
Restraining Order Filed by Debtor Eagan Avenatti
06/26/2018 LLP (Rafatjoo, Hamid) (Entered: 06/26/2018)

483 Notice of lodgment Order Approving Stipulation


(6 pgs) Extending Deadline for Debtor to Respond to
Jason Frank Law, PLC's Amended Motion for
Entry of Assignment and Restraining Order Filed
by Debtor Eagan Avenatti LLP (RE: related
document(s)482 Stipulation By Eagan Avenatti
LLP and Jason Frank Law, PLC - Stipulation
Extending Deadline for Debtor to Respond to
Jason Frank Law, PLC's Amended Motion for
Entry of Assignment and Restraining Order Filed
by Debtor Eagan Avenatti LLP). (Rafatjoo,
06/26/2018 Hamid) (Entered: 06/26/2018)

484 Statement of Counsel for the Official Committee of


(4 pgs) Creditors Holding Unsecured Claims Filed by
Creditor Committee Official Committee of Creditors
Holding Unsecured Claims. (Celentino, Christopher)
06/27/2018 (Entered: 06/27/2018)

06/27/2018 485 Order approving stipulation extending deadline for


(2 pgs) Debtors to respond to Jason Frank Law, PLC's
amended motion for entry of assignment and
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 98 of 143

restraining order (BNC-PDF) (Related Doc # 482 )


Signed on 6/27/2018 (Firman, Karen) (Entered:
06/27/2018)

486 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)485 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice Date
06/29/2018 06/29/2018. (Admin.) (Entered: 06/29/2018)

487 Opposition to (related document(s): 470 Motion to


(18 pgs) Amend (related document(s)458 Notice of
motion/application) Amended Notice of Motion and
Amended Motion for Entry of Assignment and
Restraining Order; Memorandum of Points and
Authorities; and Affidavit of Jason M. Frank in
Support There filed by Creditor Jason Frank Law,
PLC) Opposition to Jason Frank Law, PLC's
Amended Motion for Entry of Assignment and
Restraining Order Filed by Debtor Eagan Avenatti
07/02/2018 LLP (Rafatjoo, Hamid) (Entered: 07/02/2018)

488 Declaration re: Declaration of Michael J. Avenatti in


(8 pgs) Support of Opposition to Jason Frank Law, PLC's
Amended Motion for Entry of Assignment and
Restraining Order Filed by Debtor Eagan Avenatti
LLP (RE: related document(s)487 Opposition).
07/02/2018 (Rafatjoo, Hamid) (Entered: 07/02/2018)

489 Motion The United States' Motion to Enforce Order


(15 pgs) and Find Debtor in Contempt; Or, in the Alternative,
to Vacate Dismissal Order and Reinstate the
Chapter 11 Case; and Declaration of Najah J.
Shariff in Support Thereof (Re: related document(s)
413 Order and 341 Stipulation) Filed by Creditor
United States of America on Behalf of Internal
Revenue Service (Shariff, Najah) (Entered:
07/03/2018 07/03/2018)

490 Hearing Set (RE: related document(s)489 Generic


Motion filed by Creditor United States of America
on Behalf of Internal Revenue Service) The Hearing
date is set for 7/25/2018 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Mccall, Audrey)
07/03/2018 (Entered: 07/03/2018)

07/06/2018 491 Reply to (related document(s): 470 Motion to


(75 pgs; 2 docs) Amend (related document(s)458 Notice of
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 99 of 143

motion/application) Amended Notice of Motion and


Amended Motion for Entry of Assignment and
Restraining Order; Memorandum of Points and
Authorities; and Affidavit of Jason M. Frank in
Support There filed by Creditor Jason Frank Law,
PLC) Memorandum of Points and Authorities;
Declaration of Jason M. Frank in support thereof
Filed by Creditor Jason Frank Law, PLC
(Attachments: # 1 Exhibit 1-5 to the Declaration of
Jason M. Frank) (Chenetz, Sara) (Entered:
07/06/2018)

492 Request for judicial notice Submission of


(89 pgs; 2 docs) Unpublished Judicial Dispositions as Cited in Reply
in support of Amended Motion for Entry of
Assignment and Restraining Order Filed by Creditor
Jason Frank Law, PLC (RE: related document(s)491
Reply). (Attachments: # 1 Exhibit 1-12) (Chenetz,
07/06/2018 Sara) (Entered: 07/06/2018)

493 Motion for Protective Order Notice of Motion and


(14 pgs) Motion of Eagan Avenatti LLP for a Protective
Order; Memorandum of Points and Authorities and
Declarations of Michael J. Avenatti and Gerald
Tobin in Support Thereof Filed by Debtor Eagan
Avenatti LLP (Rafatjoo, Hamid) (Entered:
07/09/2018 07/09/2018)

494 Hearing Set (RE: related document(s)493 Motion


for Protective Order filed by Debtor Eagan Avenatti
LLP) The Hearing date is set for 8/8/2018 at 10:00
AM at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer
07/09/2018 (Firman, Karen) (Entered: 07/10/2018)

495 Stipulation By Eagan Avenatti LLP and the United


(4 pgs) States of America on behalf of its agency the
Internal Revenue Service - Stipulation Extending
Deadline for Eagan Avenatti LLP to Respond to the
United States' Motion to Enforce Order and Find
Debtor in Contempt; or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case
Filed by Debtor Eagan Avenatti LLP (Rafatjoo,
07/11/2018 Hamid) (Entered: 07/11/2018)

07/11/2018 496 Notice of lodgment Order Approving Stipulation


(6 pgs) Extending Deadline for Eagan Avenatti LLP to
Respond to the United States' Motion to Enforce
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 100 of 143

Order and Find Debtor in Contempt; or, in the


Alternative, to Vacate Dismissal Order and
Reinstate the Chapter 11 Case Filed by Debtor
Eagan Avenatti LLP (RE: related document(s)495
Stipulation By Eagan Avenatti LLP and the United
States of America on behalf of its agency the
Internal Revenue Service - Stipulation Extending
Deadline for Eagan Avenatti LLP to Respond to the
United States' Motion to Enforce Order and Find
Debtor in Contempt; or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case
Filed by Debtor Eagan Avenatti LLP). (Rafatjoo,
Hamid) (Entered: 07/11/2018)

497 Hearing Held - MATTER TAKEN UNDER


SUBMISSION (RE: related document(s)470 Motion
to Amend filed by Creditor Jason Frank Law, PLC)
07/11/2018 (Firman, Karen) (Entered: 07/11/2018)

498 Order Granting in part, Denying in part amended


(2 pgs) motion for assignment and restraining order (BNC-
PDF) (RE: Related Doc Signed on 7/11/2018
07/11/2018 (Firman, Karen) (Entered: 07/11/2018)

499 Order approving stipulation extending deadline for


(2 pgs) Debtor to resond to the United States' motion to
enforce order and find Debtor in contempt; or, in the
alternative, to vacate dismissal order and reinstate
the Chapter 11 Case (BNC-PDF) (Related Doc #
495 ) Signed on 7/11/2018 (Firman, Karen)
07/11/2018 (Entered: 07/11/2018)

500 Proof of service of: 1) Order to Appear for


(2 pgs) Examination of Judgment Debtor re Enforcement of
Judgment; 2) Subpoena to Appear and Testify at a
Hearing or Trial in a Bankruptcy Case (Or
Adversary Proceeding) Filed by Creditor Jason
Frank Law, PLC (RE: related document(s)477 Order
(Generic) (BNC-PDF)). (Selth, James) (Entered:
07/11/2018 07/11/2018)

07/11/2018 503 Hearing Held RE: Amended motion for entry of


assignment and restraining order (Related document
470) - RESTRAINING ORDER AGAINST
JUDGMENT DEBTOR. NO TRANSFERS OR
ASSIGNMENTS OF ANY MONIES DUE TO
DEBTOR. CAN PAY ORDINARY BUSINESS

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 101 of 143

EXPENSES. (Steinberg, Elizabeth) (Entered:


07/12/2018)

501 Stipulation By Jason Frank Law PLC, Jason M.


(5 pgs) Frank, Esq., Scott H. Sims, Esq., and Frank Sims &
Stolper LLP and the United States of America on
behalf of its agency, the Internal Revenue Service,
Extending Deadline to Respond to the United States
Motion to Enforce Order and Find Debtor in
Contempt; or, in the Alternative, to Vacate Dismissal
Order and Reinstate the Chapter 11 Case Filed by
Creditor Jason Frank Law PLC, Jason M. Frank,
Esq., Scott H. Sims, Esq., and Frank Sims & Stolper
07/12/2018 LLP (Chenetz, Sara) (Entered: 07/12/2018)

502 Order Approving Stipulation Extending Deadline


(2 pgs) from July 11, 2018 to July 13, 2018 to Respond to
The United States' Motion to Enforce Order and find
Debtor In Contempt; Or, In the Alternative, To
Vacate Dismissal Order and Reinstate Case. (BNC-
PDF) (Related Doc # 501 ) Signed on 7/12/2018
07/12/2018 (Steinberg, Elizabeth) (Entered: 07/12/2018)

504 Notice of Entry of Order Granting in Part and


(11 pgs) Denying in Part Amended Motion for Assignment
and Restraining Order Filed by Creditor Jason
Frank Law, PLC (RE: related document(s)470
Motion to Amend (related document(s)458 Notice of
motion/application) Amended Notice of Motion and
Amended Motion for Entry of Assignment and
Restraining Order; Memorandum of Points and
Authorities; and Affidavit of Jason M. Frank in
Support Thereof Filed by Creditor Jason Frank Law,
PLC (Attachments: # 1 Exhibit A - J to Amended
Motion # 2 Exhibit K - U to Amended Motion)).
07/13/2018 (Chenetz, Sara) (Entered: 07/13/2018)

07/13/2018 505 Opposition to (related document(s): 489 Motion The


(6 pgs) United States' Motion to Enforce Order and Find
Debtor in Contempt; Or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case;
and Declaration of Najah J. Shariff in Support
Thereof (Re: related document(s) [ filed by Creditor
United States of America on Behalf of Internal
Revenue Service) Opposition to the United States'
Motion to Enforce Order and Find Debtor in
Contempt; or, in the Alternative to Vacate Dismissal
Order and Reinstate the Chapter 11 Case Filed by

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 102 of 143

Debtor Eagan Avenatti LLP (Rafatjoo, Hamid)


(Entered: 07/13/2018)

506 Response to (related document(s): 489 Motion The


(13 pgs) United States' Motion to Enforce Order and Find
Debtor in Contempt; Or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case;
and Declaration of Najah J. Shariff in Support
Thereof (Re: related document(s) [ filed by Creditor
United States of America on Behalf of Internal
Revenue Service) Filed by Creditor Jason Frank
Law PLC, Jason M. Frank, Esq., Scott H. Sims,
Esq., and Frank Sims & Stolper LLP (Chenetz,
07/13/2018 Sara) (Entered: 07/13/2018)

507 Proof of service Filed by Creditor Jason Frank Law


(4 pgs) PLC, Jason M. Frank, Esq., Scott H. Sims, Esq., and
Frank Sims & Stolper LLP (RE: related
document(s)506 Response). (Chenetz, Sara)
07/13/2018 (Entered: 07/13/2018)

508 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)498 Order on Motion to Amend
(BNC-PDF)) No. of Notices: 2. Notice Date
07/13/2018 07/13/2018. (Admin.) (Entered: 07/13/2018)

509 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)499 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice Date
07/13/2018 07/13/2018. (Admin.) (Entered: 07/13/2018)

510 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)502 Order on Motion to Extend
Time (Generic) (BNC-PDF)) No. of Notices: 2.
Notice Date 07/14/2018. (Admin.) (Entered:
07/14/2018 07/14/2018)

511 Reply to (related document(s): 489 Motion The


(9 pgs) United States' Motion to Enforce Order and Find
Debtor in Contempt; Or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case;
and Declaration of Najah J. Shariff in Support
Thereof (Re: related document(s) [ filed by Creditor
United States of America on Behalf of Internal
Revenue Service) Filed by Creditor United States of
America on Behalf of Internal Revenue Service
07/19/2018 (Shariff, Najah) (Entered: 07/19/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 103 of 143

07/25/2018 512 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Broker, Jeffrey. (Broker, Jeffrey)
(Entered: 07/25/2018)

513 Opposition to (related document(s): 493 Motion for


(12 pgs) Protective Order Notice of Motion and Motion of
Eagan Avenatti LLP for a Protective Order;
Memorandum of Points and Authorities and
Declarations of Michael J. Avenatti and Gerald
Tobin in Support Thereof filed by Debtor Eagan
Avenatti LLP) Opposition to Motion of Judgment
Debtor Eagan Avenatti LLP for a Protective Order;
Memorandum of Points and Authorities Filed by
Creditor Jason Frank Law, PLC (Selth, James)
07/25/2018 (Entered: 07/25/2018)

514 Request for judicial notice Submission of


(98 pgs; 4 docs) Unpublished Judicial Opinions Cited in Opposition
to Motion of Judgment Debtor Eagan Avenatti LLP
for a Protective Order Filed by Creditor Jason Frank
Law, PLC (RE: related document(s)513 Opposition).
(Attachments: # 1 Appendix Part 1 of 3 # 2
Appendix Part 2 of 3 # 3 Appendix Part 3 of 3)
07/25/2018 (Selth, James) (Entered: 07/25/2018)

516 Hearing Continued (RE: related document(s)489


Generic Motion filed by Creditor United States of
America on Behalf of Internal Revenue Service) The
Hearing date is set for 8/27/2018 at 11:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Mccall,
07/25/2018 Audrey) (Entered: 07/26/2018)

517 Hearing Continued on Application for appearance


and examination of judgment Debtor RE
Enforcement of Judgment. The Hearing date is set
for 8/8/2018 at 10:00 AM at Crtrm 5D, 411 W
Fourth St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Mccall, Audrey) (Entered:
07/25/2018 07/26/2018)

515 Scheduling order re: Judgment Debtor Examination


(2 pgs) (BNC-PDF) (Related Doc # doc ) Signed on
07/26/2018 7/26/2018 (Firman, Karen)sC (Entered: 07/26/2018)

07/27/2018 518 Transcript Order Form, regarding Hearing Date


(1 pg) 07/25/18 Filed by Debtor Eagan Avenatti LLP.
(Rafatjoo, Hamid) WARNING: Item subsequently
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 104 of 143

amended by docket entry 520 Modified on


7/27/2018 (Mccall, Audrey). (Entered: 07/27/2018)

519 Transcript Order Form, regarding Hearing Date


(1 pg) 07/25/18 Filed by Debtor Eagan Avenatti LLP.
(Rafatjoo, Hamid) WARNING: Item subsequently
amended by docket entry 521 Modified on
07/27/2018 7/27/2018 (Mccall, Audrey). (Entered: 07/27/2018)

520 Notice to Filer of Error and/or Deficient Document


was not on correct Audio Recording of Court
Proceedings Order Form. THE FILER IS
INSTRUCTED TO FILE THE DOCUMENT
OVER THE COUNTER AT THE COURT WITH
THE REQUIRED FEE. (RE: related
document(s)518 Transcript Order Form (Public
Request) filed by Debtor Eagan Avenatti LLP)
(Mccall, Audrey) Modified on 7/27/2018 (Mccall,
07/27/2018 Audrey). (Entered: 07/27/2018)

521 Notice to Filer of Error and/or Deficient Document


was not on correct Audio Recording of Court
Proceedings Order Form. THE FILER IS
INSTRUCTED TO FILE THE DOCUMENT
OVER THE COUNTER AT THE COURT WITH
THE REQUIRED FEE. (RE: related
document(s)519 Transcript Order Form (Public
Request) filed by Debtor Eagan Avenatti LLP)
07/27/2018 (Mccall, Audrey) (Entered: 07/27/2018)

522 Notice Of Unavailability Of Counsel For Creditor


(2 pgs) United States Of America, On Behalf Of Its Agency
Filed by Creditor United States of America on
Behalf of Internal Revenue Service. (Shariff, Najah)
07/27/2018 (Entered: 07/27/2018)

523 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)515 Order (Generic) (BNC-
PDF)) No. of Notices: 2. Notice Date 07/28/2018.
07/28/2018 (Admin.) (Entered: 07/28/2018)

Receipt of Tape Duplication Fee - $31.00 by 02.


Receipt Number 80071815. (admin) (Entered:
07/30/2018 07/30/2018)

07/30/2018 Receipt of Tape Duplication Fee - $31.00 by 02.


Receipt Number 80071816. (admin) (Entered:
07/30/2018)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 105 of 143

524 Reply to (related document(s): 493 Motion for


(12 pgs) Protective Order Notice of Motion and Motion of
Eagan Avenatti LLP for a Protective Order;
Memorandum of Points and Authorities and
Declarations of Michael J. Avenatti and Gerald
Tobin in Support Thereof filed by Debtor Eagan
Avenatti LLP) Reply of Eagan Avenatti LLP to
Jason Frank Law PLC's Opposition to Motion for
Protective Order Filed by Debtor Eagan Avenatti
08/01/2018 LLP (Rafatjoo, Hamid) (Entered: 08/01/2018)

525 Supplemental Report of Judgment Creditor re


(17 pgs) Efforts to Meet and Confer re Eagan Avenatti LLP's
Motion for a Protective Order Filed by Creditor
Jason Frank Law, PLC. (Selth, James) (Entered:
08/03/2018 08/03/2018)

526 Stipulation By Jason Frank Law, PLC and Eagan


(5 pgs) Avenatti, LLP to Continue Hearings on: 1) Eagan
Avenatti LLPs Motion for Protective Order; 2)
Judgment Debtor Examination Filed by Creditor
Jason Frank Law, PLC (Selth, James) (Entered:
08/06/2018 08/06/2018)

527 Motion to Seal Document. Motion for Authority to


(5 pgs) File Contempt Motion Under Seal (with proof of
service) Filed by Creditor Jason Frank Law, PLC
08/06/2018 (Chenetz, Sara) (Entered: 08/06/2018)

528 Notice of lodgment of Order on Motion for


(4 pgs) Authority to File Contempt Motion Under Seal Filed
by Creditor Jason Frank Law, PLC (RE: related
document(s)527 Motion to Seal Document. Motion
for Authority to File Contempt Motion Under Seal
(with proof of service) Filed by Creditor Jason Frank
08/06/2018 Law, PLC). (Chenetz, Sara) (Entered: 08/06/2018)

529 Order approving stipulation to continue hearings on:


(2 pgs) 1) Eagan Avenatti LLP's motion for protective order
2) Judgment debtor examination - CONTINUED to
AUGUST 27 2018 at 11:00 AM (BNC-PDF)
(Related Doc # 526 ) Signed on 8/7/2018 (Le,
08/07/2018 James) (Entered: 08/07/2018)

530 Order granting motion for authority to file contempt


(2 pgs) motion under seal (Related Doc # 527 ) Signed on
08/07/2018 8/7/2018 (Firman, Karen) (Entered: 08/07/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 106 of 143

08/08/2018 531 Proof of service of NOTICE OF MOTION AND


(2 pgs) MOTION OF JASON FRANK LAW, PLC FOR
ENTRY OF ORDER:(1) FINDING JUDGMENT
DEBTOR IN CONTEMPT FOR VIOLATING THIS
COURTS JULY 11, 2018 RESTRAINING ORDER,
OR IN THE ALTERNATIVE, REQUEST FOR
ADDITIONAL TERMS TO THE RESTRAINING
ORDER, AND (2) DIRECTING PARTIAL PAYMENT
OF MONTHLY FEES PAYABLE TO JUDGMENT
DEBTOR; DECLARATION OF JASON M. FRANK
IN SUPPORT THEREOF (filed Under Seal) Filed
by Creditor Jason Frank Law, PLC. (Chenetz, Sara)
(Entered: 08/08/2018)

532 Hearing Continued - OFF CALENDAR:


CONTINUED TO AUGUST 27, 2018 AT 11:00 AM
PER STIP AND ORDER ENTERED 8/7/18. (RE:
related document(s)493 Motion for Protective Order
filed by Debtor Eagan Avenatti LLP) The Hearing
date is set for 8/27/2018 at 11:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Le, James) (Entered:
08/08/2018 08/09/2018)

533 Hearing Continued - OFF CALENDAR:


CONTINUED TO AUGUST 27, 2018 AT 11:00 AM
PER STIP AND ORDER ENTERED 8/7/18. (RE:
related document(s)469 CONT Application for
appearance and examination of judgment debtor)
The Hearing date is set for 8/27/2018 at 11:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Le, James)
08/08/2018 (Entered: 08/09/2018)

534 UNDER SEALED DOCUMENTS - Notice of


(1 pg) Motion and Motion of Jason Frank Law, PLC for
Entry of Order (1) Finding Judgement Debtor in
Contempt for violating this Court's July 11, 2018
Restraining Order, or in the Alternative, Request for
additional terms to the restraining order, and (2)
Directing partial payment of monthly fees payable to
judgment debtor; Declaration of Jason M. Frank in
support therof. [Hearing Date: August 27, at 11:00
am, CTRM: 5D]. Filed by PERKINS COIE LLP,
Attorneys for Jason Frank Law, PLC. (Filed under
seal pursuant to Order #530 on docket, entered on
8/7/2018). (Corona, Heidi) Modified on 8/14/2018
08/08/2018 (Corona, Heidi). (Entered: 08/09/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 107 of 143

08/09/2018 535 Hearing Set on Motion of Jason Frank Law, PLC for
Entry of Order (1) Finding Judgement Debtor in
Contempt for violating this Court's July 11, 2018
Restraining Order, or in the Alternative, Request for
additional terms to the restraining order, and (2)
Directing partial payment of monthly fees payable to
judgment debtor 534. The Hearing date is set for
8/27/2018 at 11:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Le, James) (Entered:
08/09/2018)

536 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)529 Stipulation and ORDER
thereon (BNC-PDF)) No. of Notices: 2. Notice Date
08/09/2018 08/09/2018. (Admin.) (Entered: 08/09/2018)

537 Notice of Receipt of Monies (7/11/2018 - 8/11/2018)


(4 pgs) Filed by Debtor Eagan Avenatti LLP. (Rafatjoo,
08/13/2018 Hamid) (Entered: 08/13/2018)

538 UNDER SEALED DOCUMENTS - Opposition to


(1 pg) Motion of Jason Frank Law, PLC for Entry of Order
(1) Finding Judgement Debtor in Contempt for
violating this Court's July 11, 2018 Restraining
Order, or in the Alternative, Request for additional
terms to the restraining order, and (2) Directing
partial payment of monthly fees payable to judgment
debtor; And Declaration of Michael Avenati in
support therof. [Hearing Date: August 27, at 11:00
am, CTRM: 5D]. Filed by Raines Feldman LLP,
Attorneys for Former Debtor Eagan Avenatti, LLP.
(Filed under seal pursuant to Order #530, entered on
08/14/2018 8/7/2018). (Corona, Heidi) (Entered: 08/15/2018)

539 Stipulation By Eagan Avenatti LLP and the United


(6 pgs) States of Ameria - Stipulation Between Eagan
Avenatti LLP and the United States of America
Resolving the Issues Set Forth in the United States'
Motion to Enforce Order and Find Debtor in
Contempt, or, in the Alternative, to Vacate Dismissal
Order and Reinstate the Chapter 11 Case Filed by
Debtor Eagan Avenatti LLP (Rafatjoo, Hamid)
08/20/2018 (Entered: 08/20/2018)

08/20/2018 540 Notice of lodgment Order Approving Stipulation


(6 pgs) Between Eagan Avenatti LLP and the United States
of America Resolving the Issues Set Forth in the
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 108 of 143

United States' Motion to Enforce Order and Find


Debtor in Contempt, or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case
Filed by Debtor Eagan Avenatti LLP (RE: related
document(s)539 Stipulation By Eagan Avenatti LLP
and the United States of Ameria - Stipulation
Between Eagan Avenatti LLP and the United States
of America Resolving the Issues Set Forth in the
United States' Motion to Enforce Order and Find
Debtor in Contempt, or, in the Alternative, to Vacate
Dismissal Order and Reinstate the Chapter 11 Case
Filed by Debtor Eagan Avenatti LLP). (Rafatjoo,
Hamid) (Entered: 08/20/2018)

541 Hearing Set (RE: related document(s)539


Stipulation filed by Debtor Eagan Avenatti LLP)
The Hearing date is set for 8/27/2018 at 11:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Le, James)
08/20/2018 (Entered: 08/20/2018)

542 Notice of Subpoena to Produce Documents Filed by


(15 pgs) Creditor Jason Frank Law, PLC. (Selth, James)
08/21/2018 (Entered: 08/21/2018)

543 Proof of service of REPLY TO OPPOSITION TO


(2 pgs) MOTION OF JASON FRANK LAW, PLC FOR
ENTRY OF ORDER:(1) FINDING JUDGMENT
DEBTOR IN CONTEMPT FOR VIOLATING THIS
COURTS JULY 11, 2018 RESTRAINING ORDER,
OR IN THE ALTERNATIVE, REQUEST FOR
ADDITIONAL TERMS TO THE RESTRAINING
ORDER, AND (2) DIRECTING PARTIAL PAYMENT
OF MONTHLY FEES PAYABLE TO JUDGMENT
DEBTOR; DECLARATION OF JASON M. FRANK
IN SUPPORT THEREOF (filed Under Seal) Filed
by Creditor Jason Frank Law, PLC. (Chenetz, Sara)
08/21/2018 (Entered: 08/21/2018)

08/21/2018 544 UNDER SEALED DOCUMENTS - Reply to


(1 pg) Opposition to Motion of Jason Frank Law, PLC for
Entry of Order: (1) Finding Judgement Debtor in
Contempt for violating this Court's July 11, 2018
Restraining Order, or in the Alternative, Request for
additional terms to the restraining order, and (2)
Directing partial payment of monthly fees payable to
judgment debtor; Declaration of Jason M. Frank in
support therof. [Hearing Date: August 27, at 11:00

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 109 of 143

am, CTRM: 5D]. Filed by PERKINS COIE LLP,


Attorneys for Jason Frank Law, PLC. (Filed under
seal pursuant to Order #530 on docket, entered on
8/7/2018). (Gonsales, Otoniel) (Entered:
08/21/2018)

545 Opposition to (related document(s): 539 Stipulation


(7 pgs) By Eagan Avenatti LLP and the United States of
Ameria - Stipulation Between Eagan Avenatti LLP
and the United States of America Resolving the
Issues Set Forth in the United States' Motion to
Enforce Order and Find Debtor in Conte filed by
Debtor Eagan Avenatti LLP) Filed by Creditor
Jason Frank Law, PLC, Jason Frank, Scott Sims,
Andrew Stolper, and Frank Sims & Stolper LLP
08/22/2018 (Chenetz, Sara) (Entered: 08/22/2018)

546 Proof of service Amended Proof of Service Filed by


(4 pgs) Creditor Jason Frank Law, PLC, Jason Frank, Scott
Sims, Andrew Stolper, and Frank Sims & Stolper
LLP (RE: related document(s)545 Opposition).
08/23/2018 (Chenetz, Sara) (Entered: 08/23/2018)

547 Reply to (related document(s): 545 Opposition filed


(4 pgs) by Creditor Jason Frank Law, PLC, Jason Frank,
Scott Sims, Andrew Stolper, and Frank Sims &
Stolper LLP) Response in and Joinder Filed by
Creditor Committee Official Committee of Creditors
Holding Unsecured Claims (Bowie, Peter) (Entered:
08/23/2018 08/23/2018)

548 Notice of Subpoena to Testify at a Deposition in a


(9 pgs) Bankruptcy Case Filed by Creditor Jason Frank
08/23/2018 Law, PLC. (Selth, James) (Entered: 08/23/2018)

549 Hearing Continued (RE: related document(s)489


CONT United States' motion to enforce order and
find Debtor in contempt; or, in the alternative, to
vacate dismissal order and reinstate the chapter 11
case filed by Creditor United States of America on
Behalf of Internal Revenue Service) The Hearing
date is set for 9/24/2018 at 10:00 AM at Crtrm 5D,
411 W Fourth St., Santa Ana, CA 92701. The case
judge is Catherine E. Bauer (Le, James) (Entered:
08/27/2018 08/28/2018)

08/27/2018 550 Hearing Continued (RE: related document(s)493


Motion for Protective Order filed by Debtor Eagan
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 110 of 143

Avenatti LLP) The Hearing date is set for 9/24/2018


at 10:00 AM at Crtrm 5D, 411 W Fourth St., Santa
Ana, CA 92701. The case judge is Catherine E.
Bauer (Le, James) (Entered: 08/28/2018)

551 Hearing Continued (RE: related document(s)469


CONT Application for appearance and examination
of judgment debtor re: enforcement of judgment)
The Hearing date is set for 9/24/2018 at 10:00 AM
at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Le,
08/27/2018 James) (Entered: 08/28/2018)

552 Hearing Continued (RE: related document(s)534


Motion of Jason Frank Law, PLC for Entry of Order
(1) Finding Judgement Debtor in Contempt for
violating this Court's July 11, 2018 Restraining
Order, or in the Alternative, Request for additional
terms to the restraining order, and (2) Directing
partial payment of monthly fees payable to judgment
debtor) The Hearing date is set for 9/24/2018 at
10:00 AM at Crtrm 5D, 411 W Fourth St., Santa
Ana, CA 92701. The case judge is Catherine E.
08/27/2018 Bauer (Le, James) (Entered: 08/28/2018)

553 Hearing Continued (RE: related document(s)539


Stipulation filed by Debtor Eagan Avenatti LLP)
Status hearing to be held on 9/24/2018 at 10:00 AM
at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Le,
08/27/2018 James) (Entered: 08/28/2018)

554 Notice of intent to abstain and order thereon (BNC-


(2 pgs) PDF) (Related Doc # doc ) Signed on 8/30/2018
08/30/2018 (Le, James) (Entered: 08/30/2018)

555 Transcript Order Form, regarding Hearing Date


(1 pg) 07/11/18 Filed by Creditor Jason Frank Law, PLC.
08/31/2018 (Frank, Jason) (Entered: 08/31/2018)

556 Transcript Order Form, regarding Hearing Date


(1 pg) 08/27/18 Filed by Creditor Jason Frank Law, PLC.
08/31/2018 (Frank, Jason) (Entered: 08/31/2018)

Receipt of Certification Fee - $11.00 by 16. Receipt


08/31/2018 Number 80071990. (admin) (Entered: 08/31/2018)

09/01/2018
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 111 of 143

557 BNC Certificate of Notice - PDF Document. (RE:


(4 pgs) related document(s)554 Order (Generic) (BNC-
PDF)) No. of Notices: 2. Notice Date 09/01/2018.
(Admin.) (Entered: 09/01/2018)

558 Transcript Record Transmittal (Court transcript


records have been uploaded to FDS). For Order
Number: 18-CB-39. RE Hearing Date: 7/11/18,
[TRANSCRIPTION SERVICE PROVIDER: ECHO
REPORTING, INC., Telephone number Ph: (858)
453-7590.] (RE: related document(s)555 Transcript
Order Form (Public Request) filed by Creditor Jason
09/04/2018 Frank Law, PLC) (Le, James) (Entered: 09/04/2018)

559 Transcript Record Transmittal (Court transcript


records have been uploaded to FDS). For Order
Number: 18-CB-40. RE Hearing Date: 08/27/18,
[TRANSCRIPTION SERVICE PROVIDER: ECHO
REPORTING, INC., Telephone number Ph: (858)
453-7590.] (RE: related document(s)556 Transcript
Order Form (Public Request) filed by Creditor Jason
09/04/2018 Frank Law, PLC) (Le, James) (Entered: 09/04/2018)

Receipt of Certification Fee - $11.00 by 12. Receipt


09/04/2018 Number 80072000. (admin) (Entered: 09/04/2018)

Receipt of Photocopies Fee - $1.00 by 12. Receipt


09/04/2018 Number 80072000. (admin) (Entered: 09/04/2018)

560 Notice Amended Notice of Receipt of Monies (July


(5 pgs) 11, 2018 through August 11, 2018); Declaration of
Michael Avenatti in Support Thereof Filed by Debtor
Eagan Avenatti LLP. (Rafatjoo, Hamid) (Entered:
09/05/2018 09/05/2018)

09/13/2018 561 Transcript regarding Hearing Held 08/27/18 RE:


Motion to enforce order. Remote electronic access to
the transcript is restricted until 12/12/2018. The
transcript may be viewed at the Bankruptcy Court
Clerk's Office on a public terminal or purchased
through the Transcription Service Provider before
the transcript access restriction has ended.
[TRANSCRIPTION SERVICE PROVIDER: Echo
Reporting, Inc., Telephone number (858) 453-
7590.]. Notice of Intent to Request Redaction
Deadline Due By 9/20/2018. Redaction Request Due
By 10/4/2018. Redacted Transcript Submission Due
By 10/15/2018. Transcript access will be restricted
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 112 of 143

through 12/12/2018. (Bauer, Tara) (Entered:


09/13/2018)

562 Transcript regarding Hearing Held 07/11/18 RE:


Amended motion for entry of assignment. Remote
electronic access to the transcript is restricted until
12/12/2018. The transcript may be viewed at the
Bankruptcy Court Clerk's Office on a public
terminal or purchased through the Transcription
Service Provider before the transcript access
restriction has ended. [TRANSCRIPTION
SERVICE PROVIDER: Echo Reporting, Inc.,
Telephone number (858) 453-7590.]. Notice of
Intent to Request Redaction Deadline Due By
9/20/2018. Redaction Request Due By 10/4/2018.
Redacted Transcript Submission Due By
10/15/2018. Transcript access will be restricted
through 12/12/2018. (Bauer, Tara) (Entered:
09/13/2018 09/13/2018)

564 Proof of service and Process Receipt And Return


(4 pgs) Filed by US Marshals. served On California Bank &
Trust (RE: related document(s)454 Affidavit, 455
Writ of execution). (Francis, Dawnette) (Entered:
09/13/2018 09/19/2018)

565 Proof of service and Process Receipt And Return


(4 pgs) Filed by US Marshals. Served On California Bank &
Trust (RE: related document(s)454 Affidavit, 455
Writ of execution). (Francis, Dawnette) (Entered:
09/13/2018 09/19/2018)

563 Notice Second Notice of Receipt of Monies (August


(5 pgs) 12, 2018 through September 12, 2018); Declaration
of Michael J. Avenatti in Support Thereof Filed by
Debtor Eagan Avenatti LLP. (Rafatjoo, Hamid)
09/18/2018 (Entered: 09/18/2018)

566 Status report Filed by Creditor Jason Frank Law,


(12 pgs) PLC (RE: related document(s)554 Order (Generic)
09/20/2018 (BNC-PDF)). (Chenetz, Sara) (Entered: 09/20/2018)

567 Declaration re: Declaration of Hamid R. Rafatjoo in


(17 pgs) Response to Status Report filed by Jason Frank Law,
PLC Filed by Debtor Eagan Avenatti LLP (RE:
related document(s)566 Status report). (Rafatjoo,
09/21/2018 Hamid) (Entered: 09/21/2018)

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 113 of 143

09/23/2018 568 Declaration re: Declaration of Diligence re


(5 pgs) Attempted Service of Subpoena to Michael Q. Eagan
(1 of 2) Filed by Creditor Jason Frank Law, PLC
(RE: related document(s)548 Notice). (Selth, James)
(Entered: 09/23/2018)

569 Hearing Continued (RE: related document(s)489


Generic Motion filed by Creditor United States of
America on Behalf of Internal Revenue Service) The
Hearing date is set for 10/10/2018 at 11:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Le, James)
09/24/2018 (Entered: 09/25/2018)

570 Hearing Continued (RE: related document(s)493


Motion for Protective Order filed by Debtor Eagan
Avenatti LLP) The Hearing date is set for
10/10/2018 at 11:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Le, James) (Entered:
09/24/2018 09/25/2018)

571 Hearing Continued (RE: related document(s)469


Application for appearance and examination of
judgment debtor re: enforcement of judgment) The
Hearing date is set for 10/10/2018 at 11:00 AM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Le, James)
09/24/2018 (Entered: 09/25/2018)

572 Hearing Continued (RE: related document(s)534


Motion of Jason Frank Law, PLC for Entry of Order
(1) Finding Judgement Debtor in Contempt for
violating this Court's July 11, 2018 Restraining
Order, or in the Alternative, Request for additional
terms to the restraining order, and (2) Directing
partial payment of monthly fees payable to judgment
debtor) The Hearing date is set for 10/10/2018 at
11:00 AM at Crtrm 5D, 411 W Fourth St., Santa
Ana, CA 92701. The case judge is Catherine E.
09/24/2018 Bauer (Le, James) (Entered: 09/25/2018)

09/24/2018 573 Hearing Continued (RE: related document(s)539


Stipulation filed by Debtor Eagan Avenatti LLP)
The Hearing date is set for 10/10/2018 at 11:00 AM
at Crtrm 5D, 411 W Fourth St., Santa Ana, CA
92701. The case judge is Catherine E. Bauer (Le,
James) (Entered: 09/25/2018)
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 114 of 143

574 Statement of Former Counsel to the Committee


(4 pgs) Official Committee of Creditors Holding Unsecured
Claims Filed by Creditor Committee Official
Committee of Creditors Holding Unsecured Claims.
09/25/2018 (Bowie, Peter) (Entered: 09/25/2018)

575 Declaration re: Declaration of Diligence re


(3 pgs) Attempted Service of Subpoena to Michael Q. Eagan
(2 of 2) Filed by Creditor Jason Frank Law, PLC
(RE: related document(s)548 Notice). (Selth, James)
09/27/2018 (Entered: 09/27/2018)

576 Transcript Order Form, regarding Hearing Date


(1 pg) 05/22/18 Filed by Creditor Jason Frank Law, PLC.
10/09/2018 (Frank, Jason) (Entered: 10/09/2018)

577 Transcript Record Transmittal (Court transcript


records have been uploaded to FDS). For Order
Number: 18-CB-53. RE Hearing Date: 05/22/18,
[TRANSCRIPTION SERVICE PROVIDER: ECHO
REPORTING, INC., Telephone number Ph: (858)
453-7590.] (RE: related document(s)576 Transcript
Order Form (Public Request) filed by Creditor Jason
10/09/2018 Frank Law, PLC) (Le, James) (Entered: 10/09/2018)

Receipt of Certification Fee - $11.00 by 12. Receipt


10/09/2018 Number 80072188. (admin) (Entered: 10/09/2018)

Receipt of Photocopies Fee - $2.00 by 12. Receipt Number


10/09/2018 80072188. (admin) (Entered: 10/09/2018)

578 Hearing Held - Abstain: Off calendar as moot (RE: related


document(s)489 Generic Motion filed by Creditor United
States of America on Behalf of Internal Revenue Service)
10/10/2018 (Le, James) (Entered: 10/11/2018)

579 Hearing Held - Abstain: Off calendar as moot (RE: related


document(s)493 Motion for Protective Order filed by Debtor
10/10/2018 Eagan Avenatti LLP) (Le, James) (Entered: 10/11/2018)

580 Hearing Held Abstain: Off calendar as moot (RE: related


document(s)469 CONT Application for appearance and
examination of judgment debtor re: enforcement of
10/10/2018 judgment) (Le, James) (Entered: 10/11/2018)

10/10/2018 581 Hearing Held - Abstain: Off calendar as moot (RE: related
document(s)534 CONT Motion of Jason Frank Law, PLC for
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 115 of 143

Entry of Order (1) Finding Judgement Debtor in Contempt


for violating this Court's July 11, 2018 Restraining Order, or
in the Alternative, Request for additional terms to the
restraining order, and (2) Directing partial payment of
monthly fees payable to judgment debtor) (Le, James)
(Entered: 10/11/2018)

582 Hearing Held - Abstain: Off calendar as moot (RE: related


document(s)539 Stipulation filed by Debtor Eagan Avenatti
10/10/2018 LLP) (Le, James) (Entered: 10/11/2018)

583 Transcript regarding Hearing Held 05/22/18 RE: Motion for


entry of judgment against Eagan Avenatti. Remote electronic
access to the transcript is restricted until 01/9/2019. The
transcript may be viewed at the Bankruptcy Court Clerk's
Office on a public terminal or purchased through the
Transcription Service Provider before the transcript access
restriction has ended. [TRANSCRIPTION SERVICE
PROVIDER: Echo Reporting, Inc., Telephone number (858)
453-7590.]. Notice of Intent to Request Redaction Deadline
Due By 10/18/2018. Redaction Request Due By 11/1/2018.
Redacted Transcript Submission Due By 11/13/2018.
Transcript access will be restricted through 01/9/2019.
10/11/2018 (Bauer, Tara) (Entered: 10/11/2018)

584 Notice of Change of Address Notice of Attorney Change of


(2 pgs) Address or Law Firm Filed by Interested Parties Michael
Avenatti, Avenatti & Associates. (Horoupian, Mark) (Entered:
10/16/2018 10/16/2018)

585 Bankruptcy Case Closed - DISMISSED. An Order dismissing


the above referenced case was entered and notice was
provided to parties in interest. Since it appears that no further
matters are required that this case remain open, or that the
jurisdiction of this Court continue, it is ordered that the case
10/23/2018 is closed. (Daniels, Sally) (Entered: 10/23/2018)

Receipt of Certification Fee - $11.00 by 12. Receipt Number


11/08/2018 80072320. (admin) (Entered: 11/08/2018)

Receipt of Photocopies Fee - $4.00 by 12. Receipt Number


11/08/2018 80072320. (admin) (Entered: 11/08/2018)

586 Transcript Order Form, regarding Hearing Date 07/25/18


(1 pg) Filed by Creditor Jason Frank Law, PLC. (Frank, Jason)
01/30/2019 (Entered: 01/30/2019)

01/31/2019 587
Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 116 of 143

Transcript Record Transmittal (Court transcript records have


been uploaded to FDS). For Order Number: 19-CB-05. RE
Hearing Date: 7/25/18, [TRANSCRIPTION SERVICE
PROVIDER: ECHO REPORTING, INC., Telephone number
Ph: (858) 453-7590.] (RE: related document(s)586 Transcript
Order Form (Public Request) filed by Creditor Jason Frank
Law, PLC) (Le, James) (Entered: 01/31/2019)

588 Proof of service and Process Receipt and Return Filed by US


(4 pgs) Marshals Service. Served on California Bank & Trust (RE:
related document(s)454 Affidavit, 455 Writ of execution).
02/11/2019 (Francis, Dawnette) (Entered: 02/13/2019)

589 Request for courtesy Notice of Electronic Filing (NEF) Filed


(1 pg) by Richards, Ronald. (Richards, Ronald) (Entered:
03/23/2019 03/23/2019)

PACER Service Center


Transaction Receipt
04/17/2019 10:41:42
PACER Client -
: :
Login: Code:
8:17-bk-11961-
CB Fil or Ent:
filed From:
1/1/1990 To:
4/17/2019 Doc
Search
Description: Docket Report From: 0 Doc To:
Criteria:
99999999 Term:
included Format:
html Page counts
for documents:
included
Billable
30 Cost: 3.00
Pages:

Exhibit "1"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 117 of 143

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 118 of 143

ACCO,(KESx),CLOSED,DISCOVERY,PROTORD

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CIVIL DOCKET FOR CASE #: 8:18-cv-01644-VAP-KES

In Re Eagan Avenatti, LLP Date Filed: 09/04/2018


Assigned to: Judge Virginia A. Phillips Date Terminated: 10/25/2018
Referred to: Magistrate Judge Karen E. Scott Jury Demand: None
Related Case: 8:18-mc-00027 Nature of Suit: 890 Other Statutory
Case in other court: United States Bankruptcy Court, 8:17- Actions
bk-11961-CB Jurisdiction: Federal Question
Cause: Civil Miscellaneous Case
In re Debtor
Eagan Avenatti, LLP represented by Michael J Avenatti
Avenatti LLP
520 Newport Center Drive Suite 1400
Newport Beach, CA 92660
949-706-7000
Fax: 949-706-7050
Email: mavenatti@eaganavenatti.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Receiver
Brian Weiss

V.
Interested Party
Michael J. Avenatti represented by Leonard M Shulman
Shulman Hodges and Bastian
100 Spectrum Center Drive Suite 600
Irvine, CA 92618
949-340-3400
Fax: 949-340-3000
Email: lshulman@shbllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ronald S Hodges
Shulman Hodges & Bastian LLP
100 Spectrum Center Drive, Suite 600
Irvine, CA 92618
949-340-3400

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 119 of 143

Fax: 949-340-3000
Email: rhodges@shbllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ryan Daniel O'Dea


Shulman Hodges and Bastian LLP
100 Spectrum Center Drive Suite 600
Irvine, CA 92618
949-340-3400
Fax: 949-340-3000
Email: rodea@shbllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Creditor
Jason Frank Law, PLC represented by James R Selth
Weintraub and Selth APC
11766 Wilshire Boulevard Suite 1170
Los Angeles, CA 90025
310-207-1494
Fax: 310-442-0660
Email: jim@wsrlaw.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew D Stolper
Frank Sims and Stolper LLP
19800 MacArthur Boulevard Suite 855
Irvine, CA 92612
949-201-2400
Fax: 949-201-2405
Email: astolper@lawfss.com
ATTORNEY TO BE NOTICED

Sara L Chenetz
Perkins Coie LLP
1888 Century Park East
Suite 1700
Los Angeles, CA 90067
310-788-9900
Fax: 310-788-3399
Email: schenetz@perkinscoie.com
ATTORNEY TO BE NOTICED

Scott Howard Sims


Frank Sims and Stolper LLP
Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 120 of 143

19800 MacArthur Boulevard Suite 855


Irvine, CA 92612
949-201-2400
Fax: 949-201-2405
Email: ssims@lawfss.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text


09/04/2018 1 REGISTRATION OF JUDGMENT FROM ANOTHER DISTRICT Receipt No:
0973-22361862 - Fee: $47, filed by Judgment Creditor Jason Frank Law, PLC.
(Attorney James R Selth added to party Jason Frank Law, PLC(pty:cr))(Selth,
James) (Entered: 09/04/2018)
09/04/2018 2 PROOF OF SERVICE filed by Judgment Creditor Jason Frank Law, PLC, re
MISC - Registration of Judgment from Another District (AO-451) 1 served on
9/4/2018. (Selth, James) (Entered: 09/04/2018)
09/04/2018 3 EXHIBIT Filed filed by Creditor Jason Frank Law, PLC. Certified Copy of
Judgment as to MISC - Registration of Judgment from Another District (AO-
451) 1 . (Selth, James) (Entered: 09/04/2018)
09/07/2018 4 NOTICE of Subpoena filed by Judgment Creditor Jason Frank Law, PLC.
(Selth, James) (Entered: 09/07/2018)
09/07/2018 5 PROOF OF SERVICE filed by Judgment Creditor Jason Frank Law, PLC, re
Notice (Other) 4 served on September 7, 2018. (Selth, James) (Entered:
09/07/2018)
09/11/2018 6 NOTICE OF MOTION AND MOTION for Hearing Hearing on Judgment
Debtor's Motion for Protective Order Declaration of Jason M. Frank in Support
filed by Judgment Creditor Jason Frank Law, PLC. (Attachments: # 1 Exhibits
A-M)(Selth, James) (Entered: 09/11/2018)
09/11/2018 7 PROOF OF SERVICE filed by Judgment Creditor Jason Frank Law, PLC, re
MOTION for Hearing Hearing on Judgment Debtor's Motion for Protective
Order Declaration of Jason M. Frank in Support 6 served on 9/11/2018. (Selth,
James) (Entered: 09/11/2018)
09/12/2018 8 NOTICE of New Case Number and Judge Assignment by Clerk. This case is
hereby converted from case type MC to case type CV because subsequent
filings have changed the nature of the case. A new case number has therefore
been assigned to this case. District Judge Virginia A. Phillips and Magistrate
Judge Karen E. Scott are assigned to this new case number. All future
documents must be filed under the new case number, which is 8:18-cv-01644
VAP (KESx). The previous case number, 8:18-mc-00027 UA, is hereby
terminated. (esa) (Entered: 09/12/2018)
09/12/2018 9 PROOF OF SERVICE filed by Judgment Creditor Jason Frank Law, PLC, re
Notice of New Case Number / Judge Assignment (CV-15) - optional html form,,
8 served on 9/12/2018. (Selth, James) (Entered: 09/12/2018)

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 121 of 143

09/19/2018 10 SCHEDULING NOTICE by Magistrate Judge Karen E. Scott. A Status


Conference is set for 9/24/2018 at 9:00 AM before Magistrate Judge Karen E.
Scott. Parties may either attend in person in Courtroom 6D in Santa Ana, or by
telephone. Counsel should contact the courtroom clerk for dial-in information if
appearing by telephone.THERE IS NO PDF DOCUMENT ASSOCIATED
WITH THIS ENTRY. (jdo) TEXT ONLY ENTRY (Entered: 09/19/2018)
09/24/2018 11 MINUTES OF Status Conference held before Magistrate Judge Karen E. Scott.
The hearing on the Motion is set for October 10, 2018, at 10:00am. The parties
shall file supplemental briefs, not to exceed 10 pages, by October 3, 2018. Court
Recorder: CS 9/24/18. (jdo) (Entered: 09/24/2018)
09/27/2018 12 NOTICE OF MOTION AND MOTION to Withdraw Reference as to 8:17-bk-
11961-CB ; Memorandum of Points and Authorities; Declaration of Jason M.
Frank in Support Thereof filed by Creditor Jason Frank Law, PLC.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit
J, # 11 Proposed Order) (Attorney Sara L Chenetz added to party Jason Frank
Law, PLC(pty:cr)) (Chenetz, Sara) (Entered: 09/27/2018)
09/27/2018 13 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF
MOTION AND MOTION to Withdraw Reference as to 8:17-bk-11961-CB ;
Memorandum of Points and Authorities; Declaration of Jason M. Frank in
Support Thereof 12 filed by Creditor Jason Frank Law, PLC. (Attachments: # 1
Exhibits 1-2, # 2 Proposed Order) (Chenetz, Sara) (Entered: 09/27/2018)
09/28/2018 14 PROOF OF SERVICE filed by Creditor Jason Frank Law, PLC, re NOTICE OF
MOTION AND MOTION to Withdraw Reference as to 8:17-bk-11961-CB ;
Memorandum of Points and Authorities; Declaration of Jason M. Frank in
Support Thereof 12 , EX PARTE APPLICATION to Shorten Time for Hearing
on re NOTICE OF MOTION AND MOTION to Withdraw Reference as to 8:17-
bk-11961-CB ; Memorandum of Points and Authorities; Declaration of Jason
M. Frank in Support Thereof 12 13 served on 09/27/2018 & 9/28/2018.
(Chenetz, Sara) (Entered: 09/28/2018)
10/02/2018 15 NOTICE of Appearance filed by attorney Andrew D Stolper on behalf of
Creditor Jason Frank Law, PLC (Attorney Andrew D Stolper added to party
Jason Frank Law, PLC(pty:cr))(Stolper, Andrew) (Entered: 10/02/2018)
10/02/2018 16 NOTICE of Appearance filed by attorney Scott Howard Sims on behalf of
Creditor Jason Frank Law, PLC (Attorney Scott Howard Sims added to party
Jason Frank Law, PLC(pty:cr))(Sims, Scott) (Entered: 10/02/2018)
10/03/2018 17 SUPPLEMENT to MOTION for Hearing Hearing on Judgment Debtor's Motion
for Protective Order Declaration of Jason M. Frank in Support 6 filed by
Creditor Jason Frank Law, PLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit
8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit
13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18
Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, #
23 Exhibit 23, # 24 Exhibit 24)(Sims, Scott) (Entered: 10/03/2018)

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 122 of 143

10/10/2018 18 MINUTES OF Hearing re Motion for Protective Order 6 held before Magistrate
Judge Karen E. Scott: Case is called. Counsel state their appearances. Oral
arguments are heard. The Court takes the motion under submission. Court
Recorder: CS 10/10/18. (sbou) (Entered: 10/10/2018)
10/11/2018 19 ORDER Denying Judgment Creditor Jason Frank Law, PLC's Ex Parte
Application for Order Shortening Time on Hearing on Motion for Withdrawal of
the Reference from the Bankruptcy Court (Doc. No. 13) by Judge Virginia A.
Phillips: For the foregoing reasons, the Court DENIES JFL's Ex Parte
Application and schedules a hearing on the Motion for Withdrawal of the
Reference from the Bankruptcy Court for Monday, October 22, 2018 at 2:00
p.m. Opposition to the Motion shall be filed and served no later than noon on
October 18, 2018. (see document for further details) (bm) (Entered: 10/11/2018)
10/22/2018 20 MINUTES OF MOTION FOR WITHDRAWAL OF THE REFERENCE FROM
THE BANKRUPTCY COURT 12 Hearing held before Judge Virginia A.
Phillips. The Court having heard from counsel, takes the matter under
submission. Court will issue final ruling. Court Reporter: Myra Ponce. (lom)
(Entered: 10/24/2018)
10/25/2018 21 ORDER Granting Judgment Creditor Jason Frank Law, PLC's Motion for
Withdrawal of the Reference from the Bankruptcy Court (Doc. No. 12) by Judge
Virginia A. Phillips: For the foregoing reasons, the Court GRANTS JFLs
Motion for Withdrawal of the Reference from the Bankruptcy Court (see
document for further details) (bm) (Entered: 10/26/2018)
10/30/2018 22 NOTICE OF ENTRY OF ORDER GRANTING JUDGMENT CREDITOR
JASON FRANK LAW, PLCS MOTION FOR WITHDRAWAL OF
REFERENCE FROM THE BANKRUPTCY COURT (DOC. NO. 12) Jason
Frank Law, PLC. (Chenetz, Sara) (Entered: 10/30/2018)
10/30/2018 23 MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen E. Scott
GRANTING Judgment Creditor' Motion to Set Hearing Date 6 . The Court will
hold a hearing on Debtor's motion for protective order on Wednesday,
November 28, 2018 at 10:00 a.m. in Courtroom 6D. IT IS FURTHER
ORDERED that, on Monday, November 26, 2018, the Creditor shall file a status
report (see order). (jdo) (Entered: 10/30/2018)
11/26/2018 24 STATUS REPORT filed by Creditor Jason Frank Law, PLC. (Attachments: # 1
Exhibit s A - F)(Sims, Scott) (Entered: 11/26/2018)
11/28/2018 25 MINUTES OF Motion Hearing held before Magistrate Judge Karen E. Scott re
Motion for Protective Order 6 . The Court rules on the motion as stated on the
record. Judgment Debtor Examination is scheduled for Friday, January 4, 2019,
at 10:00am in Courtroom 6D. Court Recorder: CS 11/28/18. (jdo) (Entered:
11/28/2018)
11/29/2018 26 TRANSCRIPT ORDER as to Creditor Jason Frank Law, PLC for Court Smart
(CS). Court will contact Maritza Nowowiejski at mnowowiejski@lawfss.com
with further instructions regarding this order. Transcript preparation will not
begin until payment has been satisfied with the transcription company. (Sims,
Scott) (Entered: 11/29/2018)

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 123 of 143

11/30/2018 27 TRANSCRIPT for proceedings held on 11/28/2018; 10:01 a.m. Court


Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc.,
phone number (361) 949-2988. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter/Electronic Court Recorder
before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of
this date. Redaction Request due 12/21/2018. Redacted Transcript Deadline set
for 12/31/2018. Release of Transcript Restriction set for 2/28/2019. (at)
(Entered: 12/04/2018)
11/30/2018 28 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/28/2018; 10:01
a.m. re Transcript 27 THERE IS NO PDF DOCUMENT ASSOCIATED WITH
THIS ENTRY. (at) TEXT ONLY ENTRY (Entered: 12/04/2018)
12/04/2018 29 NOTICE OF LODGING filed re Motion Hearing, 25 (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sims, Scott) (Entered:
12/04/2018)
12/11/2018 30 PROTECTIVE ORDER by Magistrate Judge Karen E. Scott. (See document for
details.) re 25 . (sbou) (Entered: 12/11/2018)
12/11/2018 31 MINUTE (IN CHAMBERS) Order Addressing Parties' Disputes Over
Protective Order by Magistrate Judge Karen E. Scott. The Court has reviewed
those materials and, in conjunction with this Order, issues a final Protective
Order resolving those disputes. (See document for further details.) re: Protective
Order 30 . (sbou) (Entered: 12/11/2018)
01/02/2019 32 NOTICE of Eagan Avenatti, LLP and Michael Avenatti's Failure to Comply with
Court Order; Application for Order to Show Cause Re Civil Contempt filed by
Creditor Jason Frank Law, PLC. (Stolper, Andrew) (Entered: 01/02/2019)
01/03/2019 33 MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen E. Scott re
Judgment Debtor Examination. Creditor shall advise the Court TODAY by
emailing Judge Scott's chambers and copying Mr. Avenatti whether it prefers to
(1) proceed with the judgment debtor examination on calendar for tomorrow,
January 4, 2019, without documents or (2) reschedule the judgment debtor
examination (see order). (jdo) (Entered: 01/03/2019)
01/03/2019 34 MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen E. Scott: re
Procedures for Judgment Debtor Examination (see order). (jdo) (Entered:
01/03/2019)
01/04/2019 35 MINUTES OF Judgment Debtor Exam held before Magistrate Judge Karen E.
Scott. Case is called. Counsel state their appearances. The Court addresses the
Judgment Creditor's Application for Order to Show Cause re Civil Contempt
(Dkt. 32 ) and sets a briefing schedule as follows: On or before January 10,
2019, Mr. Avenatti will complete his document production in response to the
outstanding subpoena (Dkt. 6-1 at 24-30). A hearing will be held on the
disqualification motion at 10:00 a.m. on January 24, 2019 in Courtroom 6D
before Magistrate Judge Karen E. Scott. (See document for further details.)
Court Reporter: Alex Joko. (sbou) (Entered: 01/04/2019)
01/10/2019 36
Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 124 of 143

NOTICE OF MOTION AND MOTION to Disqualify Counsel Scott Sims,


Andrew Stolper, Jason Frank and Frank Sims & Stolper, LLP filed by Debtor
Eagan Avenatti, LLP. Motion set for hearing on 1/24/2019 at 10:00 AM before
Magistrate Judge Karen E. Scott. (Attachments: # 1 Declaration of Michael J.
Avenatti, # 2 Proposed Order) (Attorney Michael J Avenatti added to party
Eagan Avenatti, LLP(pty:db)) (Avenatti, Michael) (Entered: 01/10/2019)
01/11/2019 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents
RE: NOTICE OF MOTION AND MOTION to Disqualify Counsel Scott Sims,
Andrew Stolper, Jason Frank and Frank Sims & Stolper, LLP 36 . The following
error(s) was/were found: Incorrect event selected. Correct event to be used is:
Memorandum in Support of Motion. In response to this notice, the Court may:
(1) order an amended or correct document to be filed; (2) order the document
stricken; or (3) take other action as the Court deems appropriate. You need not
take any action in response to this notice unless and until the Court directs you
to do so. (sbou) (Entered: 01/11/2019)
01/11/2019 38 SUPPLEMENT to Jason Frank Law PLC's Application for Order to Show
Cause Re Civil Contempt filed by Creditor Jason Frank Law, PLC.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stolper, Andrew) (Entered:
01/11/2019)
01/17/2019 39 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to
Disqualify Counsel Scott Sims, Andrew Stolper, Jason Frank and Frank Sims &
Stolper, LLP 36 filed by Creditor Jason Frank Law, PLC. (Attachments: # 1
Declaration of Jason M. Frank, # 2 Declaration of Scott H. Sims, # 3
Declaration of Andrew D. Stolper, # 4 Declaration of H. James Keathley, # 5
Declaration of David B. Parker)(Stolper, Andrew) (Entered: 01/17/2019)
01/22/2019 40 (IN CHAMBERS) SCHEDULING NOTICE: COUNSEL OF RECORD ARE
HEREBY NOTIFIED, MOTION to Disqualify Counsel Scott Sims, Andrew
Stolper, Jason Frank and Frank Sims & Stolper, LLP 36 , is NOW SET for
hearing on Motion set for hearing on 1/24/2019 at 09:00 AM before Chief Judge
Virginia A. Phillips. THERE IS NO PDF DOCUMENT ASSOCIATED WITH
THIS ENTRY. (bh) TEXT ONLY ENTRY (Entered: 01/22/2019)
01/22/2019 41 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Disqualify
Counsel Scott Sims, Andrew Stolper, Jason Frank and Frank Sims & Stolper,
LLP 36 filed by In re Debtor Eagan Avenatti, LLP. (Attachments: # 1
Supplemental Declaration of Michael J. Avenatti)(Avenatti, Michael) (Entered:
01/22/2019)
01/22/2019 42 (IN CHAMBERS) SCHEDULING NOTICE: COUNSEL OF RECORD, please
be advised that the hearing on the Motion to Disqualify set for 9am, on
1/24/2019 is NOW at 2:00 p.m., before Chief Judge Virginia A. Phillips.
THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh)
TEXT ONLY ENTRY (Entered: 01/22/2019)
01/24/2019 43 NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion,
39 , NOTICE OF MOTION AND MOTION to Disqualify Counsel Scott Sims,
Andrew Stolper, Jason Frank and Frank Sims & Stolper, LLP 36 , Reply

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 125 of 143

(Motion related), 41 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)


(Sims, Scott) (Entered: 01/24/2019)
01/24/2019 44 MINUTES OF DEBTOR'S MOTION TO DISQUALIFY SCOTT SIMS,
ANDREW STOLPER, JASON FRANK AND FRANK SIMS & STOLPER,
LLP AS CREDITOR JASON FRANK LAW, PLC'S COUNSEL ; (DOC NO 36
) Hearing held before Judge Virginia A. Phillips. Court invites oral argument of
counsel. Counsel for Creditor shall lodge the transcript for the Court, as stated
on the record. The Court having heard from counsel, takes the matter under
submission. Upon ruling of the motion, the Court will order a date in which to
appear before Magistrate Judge Karen Scott, for further proceedings. IT IS SO
ORDERED. Court Reporter: Myra Ponce. (lom) (Entered: 01/25/2019)
02/01/2019 45 MINUTE ORDER (IN CHAMBERS) DENYING MOTION TO DISQUALIFY
COUNSEL (DOC. NO. 36.) by Judge Virginia A. Phillips denying 36 MOTION
to disqualify Counsel: The thus Court finds that the "balancing of interests" test
weighs against disqualification of counsel. Accordingly, as Debtor's arguments
for disqualification fail and the "balancing of interests" test weighs against
disqualification of counsel, the Court DENIES Debtor's Motion. (see document
for further details) (bm) (Entered: 02/01/2019)
02/01/2019 46 APPLICATION to Reschedule Judgment Debtor Examination filed by Creditor
Jason Frank Law, PLC. (Attachments: # 1 Proposed Order) (Stolper, Andrew)
(Entered: 02/01/2019)
02/04/2019 47 MINUTES (IN CHAMBERS) by Magistrate Judge Karen E. Scott: denying
without prejudice 46 Application to Resume Judgment Debtor Examination. The
application is DENIED without prejudice to JFL filing a new application
supported by a declaration that complies with Local Rule 7-19.1. (jdo) (Entered:
02/04/2019)
02/04/2019 48 CERTIFICATION AND ORDER TO SHOW CAUSE RE CONTEMPT by
Magistrate Judge Karen E. Scott. IT IS HEREBY ORDERED that Mr. Avenatti
shall appear before the Honorable Virginia A. Phillips at a time and place to be
set by her in a separate Order and then and there show cause, if any he has, why
he should not be adjudged in contempt by reason of the facts certified herein.
(jdo) (Entered: 02/04/2019)
02/06/2019 49 Joint STIPULATION to Reschedule Judgment Debtor Examination filed by
Creditor Jason Frank Law, PLC. (Attachments: # 1 Proposed Order)(Stolper,
Andrew) (Entered: 02/06/2019)
02/07/2019 50 ORDER SETTING JUDGMENT DEBTOR EXAMINA FEBRUARY 14, 2019
by Magistrate Judge Karen E. Scott. Eagan Avenatti, LLP and Michael J.
Avenatti (collectively "Avenatti") are ordered to appear for a judgment debtor
examination on February 14, 2019 at 9:30 a.m. in Courtroom 60 of this Court,
located at 411 W. 4th Street, Santa Ana, California 92701. re 49 (sbou) (Entered:
02/07/2019)
02/12/2019 51 NOTICE OF MOTION AND MOTION to Appoint Receiver for Eagan
Avenatti, LP filed by Creditor Jason Frank Law, PLC. Motion set for hearing on
3/12/2019 at 10:00 AM before Magistrate Judge Karen E. Scott. (Attachments: #

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 126 of 143

1 Declaration of Jason M. Frank, # 2 Exhibit Exhibits 1-7 to Frank Declaration,


# 3 Exhibit Exhibits 8-19 to Frank Declaration, # 4 Exhibit Exhibits 20-42 to
Frank Declaration, # 5 Exhibit Exhibits 43-58 to Frank Declaration, # 6
Declaration of Brian Weiss, # 7 Proposed Order) (Sims, Scott) (Entered:
02/12/2019)
02/13/2019 52 Joint STIPULATION for Order Re Appointment of Receiver and Restraining
Order filed by Creditor Jason Frank Law, PLC. (Attachments: # 1 Proposed
Order)(Sims, Scott) (Entered: 02/13/2019)
02/13/2019 53 JOINT STIPULATION AND ORDER RE APPOINTMENT OF RECEIVER
AND RESTRAINING ORDER by Magistrate Judge Karen E. Scott. 51 JFL's
Motion for Appointment of Receiver and Restraining Order and all pleadings
and exhibits related thereto are deemed withdrawn without prejudice. The
judgment debtor exam of EA and Avenatti currently scheduled for February 14,
2019 is hereby continued to March 8, 2019 at 9:30 a.m. (see order) (jdo)
(Entered: 02/13/2019)
02/14/2019 54 Notice of Withdrawal of Motion to Appoint Receiver,, 51 filed by Creditor
Jason Frank Law, PLC. (Sims, Scott) (Entered: 02/14/2019)
02/15/2019 55 Oath of Receiver re: Order on Motion to Appoint Receiver, 53 (Attachments: # 1
Exhibit Exhibit 1)(Reitman, John) (Entered: 02/15/2019)
02/26/2019 56 MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen E. Scott. No
later than March 6, 2019, the parties shall file a status report that addresses
whether the parties intend to go forward with the Judgment Debtor Examination
scheduled for March 8, 2019. If so, the parties shall also address why the
examination is necessary in light of the appointment of the receiver. (sbou)
(Entered: 02/26/2019)
03/06/2019 57 STATUS REPORT Re Judgment Debtor Exam filed by Creditor Jason Frank
Law, PLC. (Sims, Scott) (Entered: 03/06/2019)
03/07/2019 58 NOTICE OF FILING BANKRUPTCY filed by In re Debtor Eagan Avenatti,
LLP. as to The Trial Group LLP fka Eagan Avenatti LLP, Bankruptcy Court case
number 8:19-bk-10822. (Avenatti, Michael) (Entered: 03/07/2019)
03/08/2019 59 MINUTES OF Judgment Debtor Exam held before Magistrate Judge Karen E.
Scott. Case is called. Counsel for Judgment Creditor states his appearance. John
Reitman, counsel for Receiver is also present. Judgment Debtor Michael
Avenatti is not present. Court reads into the record an email sent by Mr. Avenatti
the prior evening regarding the notice of bankruptcy filing. Counsel for
Judgment Creditor and counsel for Receiver state their positions on the record.
Court advises that the parties will need to address their arguments to the
Bankruptcy Court. Court Recorder: CS 03/08/19. (sbou) (Entered: 03/14/2019)
03/19/2019 60 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Karen E. Scott. IT IS
HEREBY ORDERED that the judgment debtor exam shall take place at 9:30
a.m. on Friday, March 22, 2019 before Magistrate Judge Karen E. Scott, in
COURTROOM 8A, 350 West 1st Street, LOS ANGELES, CA 90012. On or
before 5:00 p.m. on Wednesday, March 20, 2019, Mr. Avenatti and/or EA shall
file written objections setting forth (a) any argument that the examination should
Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 127 of 143

not proceed as scheduled for any reason, and (b) any argument as to why the
entire examination, or any part of the examination, should not be conducted
publicly. (See order) (jdo) (Entered: 03/19/2019)
03/20/2019 61 OBJECTIONS to Minutes of In Chambers Order/Directive - no proceeding
held,,, Set/Reset Hearing,, 60 [Michael Avenatti's Objection to Judgment Debtor
Examination] filed by In re Debtor Eagan Avenatti, LLP. (O'Dea, Ryan)
(Entered: 03/20/2019)
03/21/2019 62 MINUTE ORDER (IN CHAMBERS): Order Partially Overruling Objections to
Judgment Debtor Exam (Dkt. 61) by Judge Virginia A. Phillips: A judgment
debtor exam of Michael Avenatti, as representative of debtor Eagan Avenatti,
LLP ("EA"), is set for Friday, March 22, 2019. The Court invited EA and/or Mr.
Avenatti to file written objections setting forth (a) any argument that the exam
should not proceed as scheduled for any reason, and (b) any argument as to why
the entire exam, or any part of the exam, should not be conducted publicly. (Dkt.
60.) Mr. Avenatti, through counsel representing him personally, has now done
so. (Dkt. 61.) As further explained below, the Court finds that the objections are
not grounds for cancelling the exam, which shall proceed as scheduled. (see
document for further details) (bm) (Entered: 03/21/2019)
03/22/2019 63 MINUTES OF JUDGMENT DEBTOR EXAM held before Magistrate Judge
Karen E. Scott: Matter called. Counsel for the respective parties are present as
referenced above. Court sets preliminary schedule. Judgment debtor sworn and
examined off the record. Matter re-called and further judgment debtor
examination conducted on the record. Court Reporters: Myra Ponce/Lisa
Gonzalez. (bm) (Entered: 03/26/2019)
03/29/2019 64 Notice of Motion and Motion for Order Quashing Subpoena and/or for
Protective Order; Declaration of Ryan D. O'Dea in Support Thereof filed by
Interested Party Michael J. Avenatti (O'Dea, Ryan) (Entered: 03/29/2019)
03/29/2019 66 REDACTED NOTICE OF MOTION AND MOTION FOR ORDER
QUASHING SUBPOENA AND/OR FOR PROTECTIVE ORDER;
DECLARATION OF RYAN D. O'DEA IN SUPPORT THEREOF filed by
Interested Party Michael J. Avenatti. Motion set for hearing on 4/30/2019 at
10:00 AM before Magistrate Judge Karen E. Scott. (sbou) (Entered: 04/01/2019)
04/01/2019 65 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents
RE: Miscellaneous Document 64 . The following error(s) was/were found:
Incorrect event selected. Correct event to be used is: Discovery Motions; Quash
Subpoena. In response to this notice, the Court may: (1) order an amended or
correct document to be filed; (2) order the document stricken; or (3) take other
action as the Court deems appropriate. You need not take any action in response
to this notice unless and until the Court directs you to do so. (sbou) (Entered:
04/01/2019)
04/01/2019 67 Interim REPORT of Receiver's First Interim Report filed by Receiver Brian
Weiss. (Reitman, Jack) (Entered: 04/01/2019)
04/01/2019 68 TEXT ONLY ENTRY. To comply with Federal Rule of Civil Procedure 5.2,
Judgment Debtor's motion to quash (Dkt. 64) has been sealed and re-docketed

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 128 of 143

publicly (Dkt.66) with two social security numbers redacted. It is the


responsibility of the filer to ensure full compliance with the redaction
requirements of Federal Rule of Civil Procedure 5.2 and L.R. 5.2-1. See L.R. 5-
4.3.2. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.
(jdo) TEXT ONLY ENTRY (Entered: 04/01/2019)
04/05/2019 69 TRANSCRIPT ORDER as to Judgment Debtor Michael J. Avenatti for Court
Reporter. Court will contact Cristina Gutierrez at CGutierrez@shbllp.com with
further instructions regarding this order. Transcript preparation will not begin
until payment has been satisfied with the court reporter. (O'Dea, Ryan) (Entered:
04/05/2019)
04/09/2019 70 Opposition in opposition to re: MOTION to Quash Subpoena 66 filed by
Creditor Jason Frank Law, PLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit
8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit
13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18
Exhibit 18, # 19 Exhibit 19)(Sims, Scott) (Entered: 04/09/2019)
04/16/2019 71 REPLY Support MOTION to Quash Subpoena 66 filed by Interested Party
Michael J. Avenatti. (O'Dea, Ryan) (Entered: 04/16/2019)

PACER Service Center


Transaction Receipt
04/17/2019 10:32:27
PACER Client
5
Login: Code:
8:18-cv-01644-
Search
Description: Docket Report VAP-KES End
Criteria:
date: 4/17/2019
Billable
10 Cost: 1.00
Pages:

Exhibit "2"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 129 of 143

Exhibit "3"
Case 8:19-bk-10822-CB Doc 35
47 Filed 03/15/19
04/17/19 Entered 03/15/19
04/17/19 14:36:50
14:18:30 Desc
Main
Main
Document
Document Page
Page130
1 of
of2143

2
FILED & ENTERED
3

4 MAR 15 2019

5 CLERK U.S. BANKRUPTCY COURT


Central District of California
BY le DEPUTY CLERK
6

8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA – SANTA ANA DIVISION

10

11 In re Case No. 8:19-bk-10822-CB

12 THE TRIAL GROUP LLP Chapter 11


dba Trial Group
13 dba TRG LLP
dba Eagan O'Malley & Avenatti LLP ORDER TO SHOW CAUSE RE
14 dba Eagan Avenatti LLP SANCTIONS FOR FILING CASE IN
VIOLATION OF THE JOINT
15 STIPULATION RE ORDER APPOINTING
Debtor(s). RECEIVER AND ISSUING
16 RESTRAINING ORDER

17 Date: May 8, 2019


Time: 10:00 a.m.
18 Courtroom 5D
Address: 411 W Fourth Street
19 Santa Ana CA 92701

20

21 On March 7, 2019, Michael Avenatti (“Avenatti”) filed this bankruptcy case as attorney
22 for the debtor and its purported dbas and/or fkas. In doing so, he violated the terms of the

23 Joint Stipulation re Order Appointing Receiver and Issuing Restraining Order (“Order”) entered

24 by Judge Karen E. Scott on February 13, 2019 in the case of In Re Eagan Avenatti LLP,

25 District Court Case No. 8:18-CV-01644-VAP-KES.

26 //
27 //
28
Exhibit "3"
Case 8:19-bk-10822-CB Doc 47
35 Filed 04/17/19
03/15/19 Entered 04/17/19
03/15/19 14:18:30
14:36:50 Desc
Main
Main
Document
Document Page
Page131
2 of
of2143

1 Paragraph 14(s) of the Order states that “The Receiver shall…(h)ave the sole authority

2 regarding whether to file a petition for bankruptcy.”


3 Despite being explicitly reminded by Brian Weiss, the receiver, that he was not

4 authorized to file a bankruptcy on behalf of Eagan Avenatti LLP, Avenatti filed this case.
5 IT IS ORDERED:

6 1.) Avenatti shall personally appear on May 8, 2019 at 10:00 a.m. in Courtroom 5D,

7 411 West Fourth Street, Santa Ana, California, 92701.

8 2.) Avenatti shall show cause, if any, why he should not be sanctioned for filing this

9 bankruptcy case without authority and in violation of his responsibilities under

10 Bankruptcy Rule 9011 in that it appears this bankruptcy case was presented for an

11 improper purpose and to cause unnecessary delay or needless increase in the cost

12 of litigation, in violation of Bankruptcy Rule 9011(b)(1).

13
14 ###

15
16
17
18
19
20
21
22
23
Date: March 15, 2019
24
25
26
27
28
Exhibit
2
"3"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 132 of 143

Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 133 of 143

BARDEBTOR, RestrictedDISMISSED, Repeat-cacb, PlnDue, DsclsDue, Incomplete

U.S. Bankruptcy Court


Central District of California (Santa Ana)
Bankruptcy Petition #: 8:19-bk-10822-CB
Date filed: 03/07/2019
Assigned to: Catherine E. Bauer Debtor dismissed: 03/19/2019
Chapter 11 341 meeting: 04/01/2019
Voluntary
Asset

Debtor disposition: Dismissed for Other Reason

Debtor represented by Michael Avenatti


The Trial Group LLP 450 Newport Ctr Dr 2nd Fl
520 Newport Center Drive Newport Beach, CA 92660
Suite 1400 949-706-7000
Newport Beach, CA 92660 Fax : 949-706-7050
ORANGE-CA Email: mavenatti@eaganavenatti.com
949-706-7000
Tax ID / EIN: 32-0210824
dba Trial Group
dba TRG LLP
dba Eagan O'Malley & Avenatti LLP
dba Eagan Avenatti LLP

U.S. Trustee represented by Michael J Hauser


United States Trustee (SA) 411 W Fourth St Suite 7160
411 W Fourth St., Suite 7160 Santa Ana, CA 92701-4593
Santa Ana, CA 92701-4593 714-338-3417
(714) 338-3400 Fax : 714-338-3421
Email: michael.hauser@usdoj.gov

Filing Date # Docket Text

03/07/2019 1 Chapter 11 Voluntary Petition Non-Individual. Fee


(6 pgs; 2 docs) Amount $1717 Filed by The Trial Group LLP
(Attachments: # 1 List of 20 Largest Creditors)
(Avenatti, Michael) WARNING: See docket entries
#7,#8 for corrections. 72 HOURS DEFICIENT: List
of Creditors must be uploaded in CM/ECF in text
(.txt) due 3/11/2019. Master Mailing List of
Creditors due 3/11/2019. CASE DEFICIENT FOR:
Corporate Resolution Authorizing Filing of Petition
due 3/21/2019. Corporate Ownership Statement

Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 134 of 143

(LBR Form F1007-4) due 3/21/2019. List of Equity


Security Holders due 3/21/2019. Statement of
Related Cases (LBR Form F1015-2) due 3/21/2019.
Disclosure of Compensation of Attorney for Debtor
(Form 2030) due 3/21/2019. Verification of Master
Mailing List of Creditors (LBR Form F1007-1) due
3/21/2019. Summary of Assets and Liabilities (Form
106Sum or 206Sum ) due 3/21/2019. Schedule A/B:
Property (Form 106A/B or 206A/B) due 3/21/2019.
Schedule D: Creditors Who Have Claims Secured
by Property (Form 106D or 206D) due 3/21/2019.
Schedule E/F: Creditors Who Have Unsecured
Claims (Form 106E/F or 206E/F) due 3/21/2019.
Schedule G: Executory Contracts and Unexpired
Leases (Form 106G or 206G) due 3/21/2019.
Schedule H: Your Codebtors (Form 106H or 206H)
due 3/21/2019. Declaration Under Penalty of Perjury
for Non-Individual Debtors (Form 202) due
3/21/2019. Statement of Financial Affairs (Form 107
or 207) due 3/21/2019. Incomplete Filings due
3/21/2019. Debtor's alias entered to reflect pdf.
Judge was reassigned to affiliate cases. Modified on
3/8/2019 (Shimizu, Tina). (Entered: 03/07/2019)

Receipt of Voluntary Petition (Chapter 11)(8:19-bk-


10822) [misc,volp11] (1717.00) Filing Fee. Receipt
number 48645130. Fee amount 1717.00. (re: Doc#
03/07/2019 1) (U.S. Treasury) (Entered: 03/07/2019)

6 Notice of Dismissal of Case If Required Documents


Are Not Filed Within 72 Hours (BNC) [NOTICE
NOT GENERATED]. SEE DOCKET #7. (Shimizu,
03/07/2019 Tina). (Entered: 03/08/2019)

Set Case Commencement Deficiency Deadlines


(ccdn) (RE: related document(s)1 Voluntary Petition
(Chapter 11) filed by Debtor The Trial Group LLP)
Corporate Resolution Authorizing Filing of Petition
due 3/21/2019. Corporate Ownership Statement
(LBR Form F1007-4) due by 3/21/2019. Statement
of Related Cases (LBR Form F1015-2) due
3/21/2019. Disclosure of Compensation of Attorney
for Debtor (Form 2030) due 3/21/2019. Verification
of Master Mailing List of Creditors (LBR Form
F1007-1) due 3/21/2019. Incomplete Filings due by
03/07/2019 3/21/2019. (Shimizu, Tina) (Entered: 03/08/2019)

03/07/2019

Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 135 of 143

Set Case Commencement Deficiency Deadlines


(def/deforco) (RE: related document(s)1 Voluntary
Petition (Chapter 11) filed by Debtor The Trial
Group LLP) Summary of Assets and Liabilities
(Form 106Sum or 206Sum ) due 3/21/2019. List of
Equity Security Holders due 3/21/2019. Schedule
A/B: Property (Form 106A/B or 206A/B) due
3/21/2019. Schedule D: Creditors Who Have Claims
Secured by Property (Form 106D or 206D) due
3/21/2019. Schedule E/F: Creditors Who Have
Unsecured Claims (Form 106E/F or 206E/F) due
3/21/2019. Schedule G: Executory Contracts and
Unexpired Leases (Form 106G or 206G) due
3/21/2019. Schedule H: Your Codebtors (Form
106H or 206H) due 3/21/2019. Declaration Under
Penalty of Perjury for Non-Individual Debtors
(Form 202) due 3/21/2019. Statement of Financial
Affairs (Form 107 or 207) due 3/21/2019. (Shimizu,
Tina) (Entered: 03/08/2019)

12 Case Commencement Deficiency Notice (BNC)


(1 pg) (RE: related document(s)1 Voluntary Petition
(Chapter 11) filed by Debtor The Trial Group LLP)
03/07/2019 (Shimizu, Tina) (Entered: 03/08/2019)

13 Notice of Case Deficiency Under 11 U.S.C. Sec.


(1 pg) 521(a)(1) and Bankruptcy Rule 1007 (BNC) (RE:
related document(s)1 Voluntary Petition (Chapter
11) filed by Debtor The Trial Group LLP) (Shimizu,
03/07/2019 Tina) (Entered: 03/08/2019)

2 Emergency motion to Dismiss Case or in the


(31 pgs; 2 docs) alterntive Relief from Automatic Stay Filed by
Creditor Jason Frank Law, PLC (Attachments: # 1
Affidavit of Andrew Stolper with Exhibits) (Frank,
Jason) Warning: Item subsequently amended by
docket entry no: 5 Modified on 3/8/2019 (Le,
03/08/2019 James). (Entered: 03/08/2019)

3 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Selth, James. (Selth, James)
03/08/2019 (Entered: 03/08/2019)

Judge Catherine E. Bauer added to case due to prior


case 8:17-11878-CB. Involvement of Judge Erithe
A. Smith Terminated (Fleming, Lachelle) (Entered:
03/08/2019 03/08/2019)

Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 136 of 143

03/08/2019 4 Motion to Continue Hearing On (related documents


(3 pgs) 2 Emergency motion) Request for Standard Hearing
and Briefing Schedule Filed by Debtor The Trial
Group LLP (Avenatti, Michael) (Entered:
03/08/2019)

5 Notice to Filer of Error and/or Deficient Document


Electronic signature does not correspond to the
attorney login. THE FILER IS INSTRUCTED
TO COMPLY WITH SECTION 3 OF THE
COURT MANUAL REFILE THE DOCUMENT
WITH THE CORRECT LOGIN. (RE: related
document(s)2 Emergency motion filed by Creditor
Jason Frank Law, PLC) (Le, James) (Entered:
03/08/2019 03/08/2019)

7 Notice of Dismissal of Case If Required Documents


(1 pg) Are Not Filed Within 72 Hours (BNC) . (Shimizu,
03/08/2019 Tina) (Entered: 03/08/2019)

8 Notice to Filer of Error and/or Deficient Document


Petition was filed as complete, but schedules or
statements are deficient. THE FILER IS
INSTRUCTED TO FILE THE DEFICIENT
DOCUMENTS. (RE: related document(s)1
Voluntary Petition (Chapter 11) filed by Debtor The
Trial Group LLP) (Shimizu, Tina) (Entered:
03/08/2019 03/08/2019)

9 Notice to Filer of Correction Made/No Action


Required: Incorrect/incomplete debtor(s) alias
entered. THE COURT HAS CORRECTED THIS
INFORMATION. THIS ENTRY IS PROVIDED
FOR FUTURE REFERENCE. (RE: related
document(s)1 Voluntary Petition (Chapter 11) filed
by Debtor The Trial Group LLP) (Shimizu, Tina)
03/08/2019 (Entered: 03/08/2019)

10 List of Creditors (Master Mailing List of Creditors)


(3 pgs) Filed by Debtor The Trial Group LLP. (Avenatti,
03/08/2019 Michael) (Entered: 03/08/2019)

11 Emergency motion to Dismiss Case or in the


(31 pgs) alternative Relief from Automatic Stay Filed by
Creditor Jason Frank Law, PLC (Frank, Jason)
03/08/2019 (Entered: 03/08/2019)

03/08/2019
Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 137 of 143

14 Motion to Continue Hearing On (related documents


(3 pgs) 11 Emergency motion) Request for Standard
Hearing and Briefing Schedule Filed by Debtor The
Trial Group LLP (Avenatti, Michael) (Entered:
03/08/2019)

15 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Reitman, Jack. (Reitman, Jack)
03/08/2019 (Entered: 03/08/2019)

16 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Reitman, Jack. (Reitman, Jack)
03/08/2019 (Entered: 03/08/2019)

17 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Reitman, John. (Reitman, John)
03/08/2019 (Entered: 03/08/2019)

18 Meeting of Creditors 341(a) meeting to be held on


(2 pgs) 4/1/2019 at 10:00 AM at RM 1-154, 411 W Fourth
St., Santa Ana, CA 92701. (Beezer, Cynthia)
03/08/2019 (Entered: 03/08/2019)

19 Application shortening time on Judgment Creditor


(6 pgs) Jason Frank Law, PLC's Emergency Motion to
Dismiss Filed by Creditor Jason Frank Law, PLC
03/08/2019 (Frank, Jason) (Entered: 03/08/2019)

20 Notice of lodgment of Proposed Order


(10 pgs) Granting/Denying Application and Setting Hearing
on Shortened Notice Filed by Creditor Jason Frank
Law, PLC (RE: related document(s)19 Application
shortening time on Judgment Creditor Jason Frank
Law, PLC's Emergency Motion to Dismiss Filed by
Creditor Jason Frank Law, PLC). (Frank, Jason)
03/08/2019 (Entered: 03/08/2019)

21 Request for courtesy Notice of Electronic Filing


(1 pg) (NEF) Filed by Richards, Ronald. (Richards,
03/10/2019 Ronald) (Entered: 03/10/2019)

22 BNC Certificate of Notice (RE: related


(4 pgs) document(s)18 Meeting of Creditors Chapter 11)
No. of Notices: 21. Notice Date 03/10/2019.
03/10/2019 (Admin.) (Entered: 03/10/2019)

03/10/2019

Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 138 of 143

23 BNC Certificate of Notice (RE: related


(2 pgs) document(s)12 Case Commencement Deficiency
Notice (BNC)) No. of Notices: 1. Notice Date
03/10/2019. (Admin.) (Entered: 03/10/2019)

24 BNC Certificate of Notice (RE: related


(2 pgs) document(s)13 Notice of Case Deficiency (11
U.S.C. Sec. 521 & Rule 1007) (Ch 11/12) (BNC))
No. of Notices: 1. Notice Date 03/10/2019. (Admin.)
03/10/2019 (Entered: 03/10/2019)

25 BNC Certificate of Notice (RE: related


(2 pgs) document(s)7 Notice of Dismissal of Case If
Required Documents Are Not Filed Within 72 Hours
(VAN-197) (BNC)) No. of Notices: 1. Notice Date
03/10/2019 03/10/2019. (Admin.) (Entered: 03/10/2019)

26 Order granting application and setting hearing on


(4 pgs) shortened notice (Hearing set for 3/13/19 at 1:30
PM) (BNC-PDF) (Related Doc # 11 ) Signed on
03/11/2019 3/11/2019 (Le, James) (Entered: 03/11/2019)

27 Hearing Set (RE: related document(s)11 Emergency


motion filed by Creditor Jason Frank Law, PLC)
The Hearing date is set for 3/13/2019 at 01:30 PM at
Crtrm 5D, 411 W Fourth St., Santa Ana, CA 92701.
The case judge is Catherine E. Bauer (Le, James)
03/11/2019 (Entered: 03/11/2019)

28 Supplemental Receiver's Joinder to Judgment


(24 pgs) Creditor Jason Frank Law, PLC's Emergency
Motion to Dismiss Case or in the Alternative Relief
from the Automatic Stay; Declaration of Brian Weiss
[Related Document #11] Filed by Interested Party
Brian Weiss. (Reitman, Jack) Modified on 3/11/2019
03/11/2019 (Le, James). (Entered: 03/11/2019)

03/13/2019 29 Notice of Joinder by 520 Newport Center Drive,


(10 pgs; 3 docs) LLC in Jason Krank Law PLC'S Motion to Dismiss
this case [Docket No. 2] Declaration of Mark A.
Kompa with proof of service Filed by Creditor 520
Newport Center Drive, LLC (RE: related
document(s)2 Emergency motion to Dismiss Case or
in the alterntive Relief from Automatic Stay Filed by
Creditor Jason Frank Law, PLC (Attachments: # 1
Affidavit of Andrew Stolper with Exhibits) (Frank,
Jason) Warning: Item subsequently amended by
docket entry no: 5 Modified on 3/8/2019.).
Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 139 of 143

(Attachments: # 1 Amendment to Registration of a


Limited Liability Partnership (LLP) # 2 Order
Granting Plaintiff's Motion for Attorney's Fees and
Costs) (Pagter, R) Warning: Item subsequently
amended by docket entry no: 30 Modified on
3/13/2019 (Le, James). (Entered: 03/13/2019)

30 Notice to Filer of Error and/or Deficient Document


Document filed without Mark A. Koompa's
holographic signature. THE FILER IS
INSTRUCTED TO RE-FILE THE DOCUMENT
WITH THE PROPER SIGNATURES. (RE:
related document(s)29 Notice filed by Creditor 520
Newport Center Drive, LLC) (Le, James) (Entered:
03/13/2019 03/13/2019)

31 Notice of lodgment Notice of Lodgment of Order in


(5 pgs) Bankruptcy Case re: Judgment Creditor Jason
Frank Law, PLC's Emergency Motion to Dismiss
Case or in the Alternative Relief from the Automatic
Stay; Declaration of Andrew Stolper Filed by
Interested Party Brian Weiss (RE: related
document(s)11 Emergency motion to Dismiss Case
or in the alternative Relief from Automatic Stay
Filed by Creditor Jason Frank Law, PLC). (Reitman,
03/13/2019 Jack) (Entered: 03/13/2019)

32 BNC Certificate of Notice - PDF Document. (RE:


(5 pgs) related document(s)26 ORDER shortening time
(BNC-PDF)) No. of Notices: 1. Notice Date
03/13/2019 03/13/2019. (Admin.) (Entered: 03/13/2019)

34 Hearing Held - Motion granted with 180 day bar:


Order by attorney. OSC to be set for May 8, 2019 at
10:00 AM: Order by Chambers (RE: related
document(s)11 Emergency motion filed by Creditor
Jason Frank Law, PLC) (Le, James) (Entered:
03/13/2019 03/14/2019)

03/14/2019 33 Notice Amended Joinder by 520 Newport Center


(12 pgs; 3 docs) Drive, LLC in Jason Frank Law PLC's Motion to
Dismiss this case [Docket 2]; Declaration of Mark
A. Kompa with proof of service Filed by Creditor
520 Newport Center Drive, LLC (RE: related
document(s)2 Emergency motion to Dismiss Case or
in the alterntive Relief from Automatic Stay Filed by
Creditor Jason Frank Law, PLC (Attachments: # 1
Affidavit of Andrew Stolper with Exhibits) (Frank,
Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 140 of 143

Jason) Warning: Item subsequently amended by


docket entry no: 5 Modified on 3/8/2019.).
(Attachments: # 1 Amendments to Registration of a
Limited Liability Partnership (LLP) # 2 Order
Granting Plaintiff's M-Attorneys' Fees & Costs)
(Pagter, R) (Entered: 03/14/2019)

35 Order to show cause re: Sanctions for filing case in


(2 pgs) violation of the joint stipulation re order appointing
receiver and issuing restraining order [MICHAEL
AVENATTI IS ORDERED TO PERSONALLY
APPEAR] - OSC SET FOR MAY 8, 2019 AT 10:00
AM COURTROOM 5D (BNC-PDF) (Related Doc #
1 ) Signed on 3/15/2019 (Le, James) (Entered:
03/15/2019 03/15/2019)

36 Hearing Set (RE: related document(s)35 Order to


show cause) Show Cause hearing to be held on
5/8/2019 at 10:00 AM at Crtrm 5D, 411 W Fourth
St., Santa Ana, CA 92701. The case judge is
Catherine E. Bauer (Le, James) (Entered:
03/15/2019 03/15/2019)

37 BNC Certificate of Notice - PDF Document. (RE:


(3 pgs) related document(s)35 Order to Show Cause (BNC-
PDF)) No. of Notices: 1. Notice Date 03/17/2019.
03/17/2019 (Admin.) (Entered: 03/17/2019)

38 Objection (related document(s): 31 Notice of


(13 pgs) Lodgment filed by Interested Party Brian Weiss)
[Michael J. Avennati's Objection to Proposed Form
of Order Granting Emergency Motion to Dismiss
Bankruptcy Case Pursuant to Local Bankruptcy
Rule 9021-1(b)(3)(B)] Filed by Interested Party
Michael Avenatti (Bastian, James) (Entered:
03/18/2019 03/18/2019)

39 Order granting motion to dismiss bankruptcy case -


(2 pgs) Debtor Dismissed with 180 day bar (BNC-
PDF)Barred Debtor The Trial Group LLP starting
3/19/2019 to 9/15/2019 Signed on 3/19/2019 (RE:
related document(s)11 Emergency motion filed by
Creditor Jason Frank Law, PLC,). (Le, James)
03/19/2019 (Entered: 03/19/2019)

03/19/2019 40 Notice of dismissal with restriction for against


(1 pg) debtor's refiling (BNC) (Le, James) (Entered:
03/19/2019)
Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 141 of 143

41 BNC Certificate of Notice (RE: related


(3 pgs) document(s)40 Notice of dismissal with restriction
for against debtor's refiling (BNC)) No. of Notices:
22. Notice Date 03/21/2019. (Admin.) (Entered:
03/21/2019 03/21/2019)

42 BNC Certificate of Notice - PDF Document. (RE:


(3 pgs) related document(s)39 ORDER of dismissal with
special restriction-period against re-filing a new
bankruptcy case (BNC-PDF)) No. of Notices: 1.
Notice Date 03/21/2019. (Admin.) (Entered:
03/21/2019 03/21/2019)

Receipt of Tape Duplication Fee - $31.00 by 16.


Receipt Number 80073028. (admin) (Entered:
03/25/2019 03/25/2019)

PACER Service Center


Transaction Receipt
04/17/2019 12:11:10
PACER Client -
: :
Login: Code:
8:19-bk-10822-
CB Fil or Ent:
filed From:
1/1/1990 To:
4/17/2019 Doc
Search
Description: Docket Report From: 0 Doc To:
Criteria:
99999999 Term:
included Format:
html Page counts
for documents:
included
Billable
5 Cost: 0.50
Pages:

Exhibit "4"
Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 142 of 143
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 100 Spectrum
Center Drive, Suite 600, Irvine, California 92618

A true and correct copy of the foregoing document entitled (specify): REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MICHAEL J. AVENATTI’S MOTION TO STAY CONTEMPT PROCEEDINGS PENDING RESOLUTION OF
RELATED CRIMINAL ACTION will be served or was served (a) on the judge in chambers in the form and manner required by
LBR 5005-2(d); and (b) in the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)
April 17, 2019, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following
persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL:


On (date) April 17, 2019, I served the following persons and/or entities at the last known addresses in this bankruptcy case or
adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage
prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no
later than 24 hours after the document is filed.

Judge’s Copy: Hon Catherine E Bauer, US Bankruptcy Court, Ronald Reagan Federal Building, 411 W. Fourth Street, Suite
5165, Santa Ana, CA 92701

Interested Party: United States Trustee, Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth
Street, #9041, Santa Ana, California 92701-8000

Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) Not Applicable, I served the following
persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method),
by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or
overnight mail to, the judge will be completed no later than 24 hours after the document is filed.

Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

April 17, 2019 Lorre Clapp /s/ Lorre Clapp


Date Printed Name Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE


Case 8:19-bk-10822-CB Doc 47 Filed 04/17/19 Entered 04/17/19 14:18:30 Desc
Main Document Page 143 of 143
NEF SERVICE LIST

Michael Avenatti on behalf of Debtor The Trial Group LLP


mavenatti@eaganavenatti.com, jregnier@eaganavenatti.com

James C Bastian, Jr on behalf of Interested Party Michael Avenatti


jbastian@shbllp.com

Jason M Frank on behalf of Creditor Jason Frank Law, PLC


jfrank@lawfss.com, mnowowiejski@lawfss.com

Michael J Hauser on behalf of U.S. Trustee United States Trustee (SA)


michael.hauser@usdoj.gov

R Gibson Pagter, Jr. on behalf of Creditor 520 Newport Center Drive, LLC
gibson@ppilawyers.com, ecf@ppilawyers.com;pagterrr51779@notify.bestcase.com

Jack A Reitman on behalf of Interested Party Brian Weiss


jareitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com

John P Reitman on behalf of Interested Party Courtesy NEF


jreitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com

Ronald N Richards on behalf of Interested Party Courtesy NEF


ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com

James R Selth on behalf of Interested Party Courtesy NEF


jim@wsrlaw.net, jselth@yahoo.com;brian@wsrlaw.net;vinnet@ecf.inforuptcy.com

United States Trustee (SA)


ustpregion16.sa.ecf@usdoj.gov

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE


Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 1 of 73

1 JOHN P. REITMAN (State Bar No. 80579)


jreitman@lgbfirm.com
2 JACK. A. REITMAN (State Bar No. 283746)
jareitman@lgbfirm.com
3 LANDAU GOTTFRIED & BERGER LLP
1880 Century Park East, Suite 1101
4 Los Angeles, California 90067
Telephone: (310) 557-0050
5 Facsimile: (310) 557-0056

6 Attorneys for Brian Weiss,


Receiver for Eagan Avenatti, LLP
7

8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA – SANTA ANA DIVISION

10 In re: Case No. 8:19-bk-10822-CB

11 THE TRIAL GROUP, LLP f/k/a Eagan Chapter 11 (Dismissed)


& B ERGER LLP

Avenatti, LLP
12
RECEIVER’S REPLY TO AVENATTI’S
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

13 Debtor RESPONSE TO ORDER TO SHOW


CAUSE RE SANCTIONS FILING CASE
GOTTFRIE D

14 IN VIOLATION OF THE JOINT


STIPULATION RE ORDER
L ANDAU

15 APPOINTING RECEIVER AND


ISSUING RESTRAINING ORDER;
16
DECLARATION OF JOHN P.
17 REITMAN, WITH EXHIBIT

18 Hearing Date and Time:


Date: May 8, 2019
19 Time: 10:00 a.m.
Place: 411 West Fourth Street
20 Santa Ana, CA 92701
Courtroom 5D
21

22

23

24

25

26

27

28
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 2 of 73

1 Brian Weiss, the court appointed receiver (the “Receiver”) for the estate of Trial Group,

2 LLP, f/k/a Eagan Avenatti, LLP (“EA”) submits this reply (the “Reply”) to “Michael J. Avenatti’s

3 Response To Order To Show Cause In Violation Of The Joint Stipulation Re Order Appointing

4 Receiver And Issuing Restraining Order” (the “Response”).

5 Avenatti’s Response lacks any legal or factual basis – it simply rehashes arguments that

6 were rejected by the Court in dismissing the EA second bankruptcy case filed March 8, 2019

7 retroactive to the date of that filing. Indeed, Avenatti’s only colorable argument is that the Court

8 should not move forward with the hearing and rule on its Order to Show Cause re Sanction (the

9 “OSC”), based on a 36-count federal Grand Jury indictment against him and Avenatti claimed

10 “intention” to assert his Fifth Amendment rights and refuse to testify at the OSC hearing. Bankr.
& B ERGER LLP

11 Dkt., Doc. 45 (Motion to Stay Contempt Proceedings Pending Resolution of Related Criminal
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 Action (the “Stay Motion”), at p. 2 of 11, ll. 6-10). But that argument, too, lacks merit and should
GOTTFRIE D

13 be rejected.

14 I. RELEVANT FACTS
L ANDAU

15 EA is the judgment debtor in In re Eagan Avenatti, LLP, pending in the United States

16 District Court, Central District of California, Case No. 8:18-CV-01644-VAP-KES (the “DC

17 Case”). The judgment creditor who initiated that case is Jason Frank Law, PLC (“JFL”).

18 On February 13, 2019, Avenatti on behalf of his law firm, EA, and JFL stipulated to the

19 appointment of Mr. Weiss as the Receiver of EA and consented to the jurisdiction of Magistrate

20 Judge Karen E. Scott to enter an order (the “Restraining Order”) appointing Mr. Weiss as the

21 Receiver for EA in the DC Case. DC Case Dkt., Doc. 52. Paragraph 14(s) of the Restraining

22 Order granted the Receiver “the sole authority regarding whether to file a petition for bankruptcy”

23 on behalf of EA. Id. p. 8, ¶ 14(s). The Order further provided the judgment debtor examination of

24 EA (through Avenatti) would be continued to March 8, 2019 before Magistrate Judge Scott. Id. p.

25 4, ¶ 2.

26 On March 7, 2019, the evening before Avenatti was required to appear for EA’s debtor

27 examination in the DC Case, Avenatti telephoned the Receiver at approximately 8:14 p.m. to tell

28 him that he (Avenatti) was going to file a bankruptcy petition for EA. The Receiver referenced
2
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 3 of 73

1 and read to Avenatti § 14(s) of the Restraining Order, which states:

2 14. Additional Powers and Duties of the Receiver. The Receiver shall be authorized

3 to and shall perform the following duties and functions: . . . s. Have the sole

4 authority regarding whether to file a petition for bankruptcy.

5 Bankr. Dkt. Doc. 28 (Joinder to JFL Emergency Motion to Dismiss Case or in the Alternative

6 Relief from the Automatic Stay (the “Receiver’s Joinder”); Receiver’s Declaration, Ex. 1,

7 Receivership Order, at p. 15 of 24, l. 26).

8 The Receiver also told Avenatti during that telephone conversation that, based on the

9 Receivership Order, he (the Receiver) did not believe Avenatti had the authority to file a

10 bankruptcy for EA, only he (the Receiver) had that power, and he (the Receiver) would not file a
& B ERGER LLP

11 bankruptcy for EA or authorize Avenatti to do so. Nevertheless, Avenatti chose to violate the
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 Restraining Order filed the bankruptcy petition for EA less than 30 minutes after that conversation
GOTTFRIE D

13 -- at 8:41 p.m. Bankr. Dkt. Doc. 28 (Receiver’s Joinder, p. 5 of 24, ¶¶ 2-3, ll. 9-20). Less than 30

14 minutes after that telephone conversation, Avenatti filed a voluntary bankruptcy petition – at 8:47
L ANDAU

15 p.m; purportedly as the attorney for EA. Id. Avenatti also did not appear for EA’s debtor

16 examination the following morning.

17 On March 13, 2019, the Court conducted a hearing on JFL’s emergency motion to dismiss

18 the EA bankruptcy case that Avenatti had filed for EA on March 8. At that hearing, the Court

19 ordered the case dismissed retroactive to the date it was filed (that order was entered March 19, as

20 Doc. 39) and issued its OSC re Sanctions against Avenatti (that order was entered March 15, as

21 Doc 35). Reitman Dec. ¶ 2.

22 “On or about March 25, 2019, claims were filed by the U.S. Attorney’s Office of the

23 Southern District of New York against Avenatti relating to wire fraud, bank fraud, and extortion.”

24 Bankr. Dkt., Doc. 45 (Stay Motion, p. 4 of 11, ll. 22-23).

25 On April 10, 2019, the Grand Jury Indictment against Avenatti was filed, commencing

26 United States of America v. Michael John Avenatti, SA CR No. 19-00061, in the United States

27 District Court, Central District of California, Southern Division. The indictment alleges 36

28 criminal counts against Avenatti for Wire Fraud; Willful Failure to Collect and Pay Over Withheld
3
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 4 of 73

1 Taxes; Endeavoring to Obstruct the Administration of the Internal Revenue Code; Failure to File

2 Tax Return; Bank Fraud; Aggravated Identity Theft; False Declaration in Bankruptcy [in

3 connection with the involuntary case filed against EA]; False Declaration on Bankruptcy [same];

4 False Testimony Under Oath in Bankruptcy [same]; Causing an Act to be Done; and Criminal

5 Forfeiture. Reitman Dec. ¶ 3; Ex. 1.

6 II. ARGUMENT

7 1. The OSC Does Not Implicate Avenatti’s Fifth Amendment Rights.

8 The OSC re Sanctions is straight forward: was Avenatti justified in filing EA’s voluntary

9 bankruptcy petition despite (i) personally and for EA having stipulated to the Restraining Order

10 which made clear that only the Receiver had that right; and (ii) the Receiver having read ¶ 14(s) of
& B ERGER LLP

11 the Restraining Order to Avenatti and having told Avenatti that he (the Receiver) did not believe
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 Avenatti had the authority to file a bankruptcy petition for EA, that only he (the Receiver) had that
GOTTFRIE D

13 power, and that he (the Receiver) would not file a bankruptcy petition for EA or authorize Avenatti

14 to do so. Bankr. Dkt. Doc. 28 (Receiver’s Declaration, p. 5 of 24, ¶¶ 2-3, ll. 9-20). Avenatti
L ANDAU

15 ignored the Restraining Order and the Receiver’s warnings and filed a voluntary bankruptcy

16 petition for EA, purportedly as its attorney, less than 30 minutes after that discussion. Id.

17 As is evident from comparting the OSC re Sanctions to the Indictment against Avenatti,

18 the criminal charges against him are wholly unrelated to the OSC. The Indictment relates solely to

19 Avenatti’s conduct in connection with bank loans and the operation of EA prior to and during its

20 involuntary bankruptcy. The OSC has nothing to do with that prior conduct and, instead, is based

21 on a single act: filing a voluntary bankruptcy petition for EA without proper authorization.

22 Avenatti also has made no showing in his Motion to Stay the OSC (the “Stay Motion”) of

23 how the OSC and the above-facts might implicate his Fifth Amendment rights, nor can he do so.

24 Instead, he simply throws out a series of random and unsupportable claims, as follows:

25 (i) “The criminal proceedings implicate testimony regarding the alleged

26 misappropriation of funds by the Firm [EA], the Debtor and/or Avenatti; the assets and liabilities

27 of the Firm and the Debtor; statements made by Avenatti under oath in pleadings and documents

28 filed in the Involuntary Case; and the actions taken by Avenatti in the Involuntary Case. The
4
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 5 of 73

1 instant bankruptcy case and the OSC involve and relate directly to those same issues and to the

2 facts of the Involuntary Case.” Bankr. Dkt. Doc. 46 (Stay Motion, pp. 6, l 22 – p.7, ll. 24-2).

3 Avenatti describes these as “overlapping facts” which allow him to invoke his Fifth Amendment

4 rights. Id. p. 7, ll. 2-4. Than assertion is nonsense. The OSC has nothing to do with the

5 misappropriation of assets, the assets or liabilities of EA, or Avenatti’s actions in EA’s involuntary

6 bankruptcy case.

7 (ii) “Avenatti believes a stay of the OSC will avoid prospective discovery motions

8 brought by the parties arising out of an assertion of the Fifth Amendment.” Bankr. Dkt. Doc. 46

9 (Stay Motion, p. 8 of 11, ll. 13-14). But the OSC hearing does not contemplate any further

10 discovery. Either Avenatti will have a convincing explanation for the filing or he won’t.
& B ERGER LLP

11 (iii) “[A]llowing the civil and criminal cases to proceed simultaneously “would
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 undermine the public’s right to fair and efficient prosecution of its criminal laws, distract the
GOTTFRIE D

13 [criminal] Defendants and the USAO from fully preparing their respective cases, and divert the

14 Court’s attention with burdensome discovery litigation and duplicative law and motion. [Citation
L ANDAU

15 omitted].” Bankr. Dkt. Doc. 46 (Stay Motion, at pp. 8-9 of 11, ll. 26-2. But all Avenatti will be

16 called upon to do at the OSC hearing is explain why he filed the EA bankruptcy.

17 The case law citied by Avenatti also does not support a continuance of the OSC hearing

18 and ruling. The Receiver agrees with Avenatti’s assertion that the Constitution does not ordinarily

19 require a stay of civil proceedings pending the outcome of criminal proceedings. Federal Sav. &

20 Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir. 1989); SEC v. Dresser Indus., 628 F.2d

21 1368, 1375 (D.C. Cir. 1980) (cert. denied, 449 U.S. 993 (1980)). “In the absence of substantial

22 prejudice to the rights of the parties involved, [simultaneous] parallel [civil and criminal]

23 proceedings are unobjectionable under our jurisprudence.” Dresser, 628 F.2d at 1374. But that is

24 not the end of the analysis, and Avenatti ignores the import of the remainder of his legal analysis.

25 Here, “the interests of justice [do not] seem to [and do not] require such action.” 628 F.2d

26 Id. at 1375 (quoting United States v. Kordel, 397 U.S. 1, 12 n.27 (1970)). That is so because there

27 are no competing interests between resolving the OSC and the federal Indictment against Avenatti

28 that would implicate his Fifth Amendment rights. As the Court explained in Keating v. Office of
5
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 6 of 73

1 Thrift Supervision, 45 F.3d 322, 324 (9th Cir. Jan. 18, 1995):

2 In addition, the decision maker should generally consider the following factors: (1)

3 the interest of the plaintiffs in proceeding expeditiously with this litigation or any

4 particular aspect of it, and the potential prejudice to plaintiffs of a delay; (2) the

5 burden which any particular aspect of the proceedings may impose on defendants;

6 (3) the convenience of the court in the management of its cases, and the efficient use

7 of judicial resources; (4) the interests of persons not parties to the civil litigation; and

8 (5) the interest of the public in the pending civil and criminal litigation.

9 In this case, delay does prejudice the Court, JFL and the Receiver. All three of them were

10 required to expend time and resources in dealing with the unauthorized bankruptcy. Avenatti’s
& B ERGER LLP

11 conduct also was an attack on a District Court order and the integrity of the judicial system at both
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 the District Court and Bankruptcy Court level. To indefinitely postpone the day of reckoning
GOTTFRIE D

13 without good reason for doing so should not be countenanced – it is “justice delayed is justice

14 denied.”
L ANDAU

15 Second, resolution of the OSC re Sanction places no undue burden on Avenatti. The Court

16 can address his Fifth Amendment concerns, if any, on a question by question basis as they arise.

17 But that is not likely to happen because the only question here is why Avenatti ignored the

18 Restraining Order and the Receiver’s warnings. Moreover, that conduct, as explained above, is

19 unrelated to the criminal charges against Avenatti. If Avenatti believes he had a legitimate reason

20 for making the bankruptcy filing, he can provide that explanation.

21 The third factor, convenience of the Court in the management of its cases and the efficient

22 use of judicial resources, also do not support Avenatti’s position. Instead, if Avenatti succeeds in

23 delaying the OSC hearing, the Court is again inconvenienced, and judicial resources are again

24 wasted. Moreover, Avenatti will again have gotten away with thumbing his nose at the judicial

25 system.

26 The fourth factor is not implicated by the OSC. The Court, JFL, the Receiver and Avenatti

27 are all parties in interest.

28 Finally, because the facts and law in issue in the OSC re Sanctions and Avenatti’s
6
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 7 of 73

1 Indictment have no factual or legal relationship to each other, the public interest in the pending

2 criminal proceeding will not be impacted by adjudicating the OSC. At the same time, however,

3 the public, in general, does have an interest in insuring that all parties receive equal treatment

4 under the law and that violation of the bankruptcy laws (or any other federal laws) will not be

5 tolerated by the judicial system.

6 2. Avenatti’s Substantive OSC Opposition Arguments Were Previously Rejected By

7 The Court Or Not Applicable.

8 a. Bankruptcy was not necessary to protect EA’s assets and its creditors.

9 Avenatti claims that he was justified in filing bankruptcy for EA to protect its assets and

10 creditors is nonsense. The District Court entered the Restraining Order and appointed the
& B ERGER LLP

11 Receiver to protect those assets and creditors – from Avenatti. And Avenatti expressly read,
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 agreed to and then signed the Stipulation appointing the Receiver, which included the Restraining
GOTTFRIE D

13 Order. After agreeing to that remedy, Avenatti repeatedly violated the restraining order to such an

14 extent that the Receiver has instructed his counsel to seek an OSC re Contempt against Avenatti in
L ANDAU

15 the District Court. Reitman Dec. ¶ 4.

16 It also seems apparent that Avenatti filed EA’s bankruptcy in bad faith. As soon as

17 Avenetti placed EA into bankruptcy, he notified the Receiver and counsel for JFL that (i) he

18 would not be appearing for the judgment debtor examination (to which he had stipulated) and (ii)

19 no bench warrant would be effective against him because “The court is divested of jurisdiction. It

20 lacks authority to do anything BY LAW!” See Bankr. Dkt. Doc. 14, (Emergency Motion to

21 Dismiss, Ex. D; Debtor’s Request for Standard Hearing and Briefing Schedule, p. 3, ll. 13-16). As

22 discussed in the Emergency Motion to Dismiss, Avenatti is dead wrong. The Ninth Circuit’s

23 opinion in Oil & Gas Co. v. Duryee, 9 F.3d 771, 772-73 (9th Cir. 1993) states that a bankruptcy

24 filed by a company’s former president while that company has a “state appointed rehabilitator

25 [receiver]” is “null and void” and will be dismissed.

26 Moreover, this bankruptcy was clearly filed to delay the judgment debtor exam set for

27 March 8, 2019. EA was in bankruptcy before this Court within the last year, which was then

28 dismissed. The only conceivable reason why Avenatti would, without any authority to do so,
7
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 8 of 73

1 place EA into bankruptcy was to waylay JFL’s judgment debtor examination of EA (through

2 Avenatti). Courts have determined that a bankruptcy that is filed seeking to achieve objectives

3 outside the legitimate scope of the bankruptcy laws (for a variety of tactical reasons) should be

4 dismissed. In re Marsch, 36 F.3d 825, 828 (9th Cir. 1994). For example, courts have found bad

5 faith in instances where debtors have filed multiple bankruptcies to delay foreclosure proceedings.

6 See e.g., In re Casse, 219 B.R. 657 (Bankr. E.D.N.Y 1998), aff’d, 198 F.3d 327 (2nd Cir. 1999).

7 Swap “foreclosure proceedings” with “debtor examination” and the exact same instance is present

8 here.

9 b. Avenatti knew he lacked authority to file EA’s bankruptcy petition.

10 Avenatti disingenuously claims that the pendency of a receivership does not normally
& B ERGER LLP

11 prevent a bankruptcy filing. Bankr. Dkt. Doc. 43 (OSC Response at p. 10 of 15, l. 10). True or
LOS ANGELES, CALIFORNIA

12 not, that assertion ignores the point.


ATTORNEYS AT LAW
GOTTFRIE D

13 Avenatti agreed to the Restraining Order which provides that that only the Receiver was

14 authorized to commence a voluntary bankruptcy case for EA. Bankr. Dkt. Doc. 28 (Receiver’s
L ANDAU

15 Declaration, Ex. 1 Receivership Order, p. 15 of 24, l. 26). Worse yet, the Receiver pointed that

16 clause out to Avenatti and warned him not to violate that order in a phone conversation less than

17 30 minute before Avenatti filed EA’s bankruptcy petition. Id. (Receiver’s Declaration, p. 5 of 24,

18 ¶¶ 2-3, ll. 9-20).

19 c. Avenatti did not file EA’s bankruptcy to invoke the Court’s retained jurisdiction.

20 Avenatti apparently now asserts (he did not do so through his counsel at the hearing at

21 which the Court dismissed EA’s voluntary petition for relief) that he filed EA’s voluntary

22 bankruptcy petition to restructure the payment agreement with JFL that was a basis for the

23 dismissal of EA’s involuntary bankruptcy case. That, too, is nonsense.

24 As set forth in the Stipulation Avenatti signed, he agreed to the appointment of the

25 Receiver and the Restraining Order to temporarily stop JFL’s continuing collection efforts against

26 him and with the hope that the parties might reach a further agreement by which Avenatti and EA

27 would pay JFL. JFL was under no obligation to acquiesce to terms which it found unacceptable

28 and refused to accept those terms. Simply stated, Avenatti had no reason to file EA’s second
8
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 9 of 73

1 bankruptcy other than to avoid EA’s debtor examination which was scheduled for the following

2 morning and to thwart JFL’s and the Receiver’s efforts to enforce the Restraining Order.

3 III. CONCLUSION

4 For the foregoing reasons, the Receiver respectfully requests that the Court move forward

5 with the OSC hearing and, if warranted, issue appropriate sanctions against Avenatti.

7 Dated: April 24, 2019 LANDAU GOTTFRIED & BERGER LLP

8
By_/s/ John P. Reitman_______
9
John P. Reitman
10 Attorneys for Brian Weiss, Receiver for Eagan
Avenatti, LLP
& B ERGER LLP

11
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12
GOTTFRIE D

13

14
L ANDAU

15

16

17

18

19

20

21

22

23

24

25

26

27

28
9
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 10 of 73

1 DECLARATION OF JOHN P. REITMAN

2 I, John P. Reitman, declare as follows:

3 1. Except as otherwise stated, I have personal knowledge of the facts set forth herein;

4 and, if called as a witness, I could and would competently testify thereto under oath. I am an

5 attorney at law licensed to practice law in the State of California and before this Court. I am a

6 limited liability partner in Landau Gottfried & Berger LLP, counsel to Brian Weiss in his capacity

7 as the court appointed receiver for Eagan Avenatti, LLP in In re Eagan Avenatti, LLP, Case No.

8 8:18-CV-01644-VAP-KES, pending in the United States District Court, Central District of

9 California (the Receivership Case”).

10 2. I was present at the March 13, 2019, Court hearing on Jason Frank Law’s
& B ERGER LLP

11 emergency motion to dismiss the bankruptcy case that Mr. Avenatti had filed for EA on March 8.
LOS ANGELES, CALIFORNIA
ATTORNEYS AT LAW

12 Counsel for Mr. Avenatti also was present at that hearing. At that hearing, the Court ordered the
GOTTFRIE D

13 case dismissed retroactive to the date it was filed (that order was entered March 19, as Doc. 39)

14 and issued its OSC re Sanctions against Avenatti (that order was entered March 15, as Doc 35).
L ANDAU

15 3. Exhibit 1 hereto is a true and correct copy of the Grand Jury Indictment

16 commencing United States of America v. Michael John Avenatti, SA CR No. 19-00061, in the

17 United States District Court, Central District of California, Southern Division. I obtained this

18 document from the District Court’s files.

19 4. Based on my review of email communications between the Receiver and Mr.

20 Avenatt and communications received from Mr. Avenatti’s counsel, I am informed and believe

21 that Mr. Avenatti has repeatedly violated the Restraining Order entered in the Receivership Case.

22 I have been instructed by the Receiver to seek an OSC re Contempt against Mr. Avenatti for

23 violating that Order.

24 I declare under penalty of perjury under the laws of the United States of America that the

25 foregoing is true and correct and that this declaration was executed in Los Angeles, California on

26 April 24, 2019.

27 ___/s/ John P. Reitman_______________


John P. Reitman
28
10
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 11 of 73

EXHIBIT 1
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 12 of 73

EXHIBIT 1
11
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 13 of 73

EXHIBIT 1
12
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 14 of 73

EXHIBIT 1
13
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 15 of 73

EXHIBIT 1
14
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 16 of 73

EXHIBIT 1
15
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 17 of 73

EXHIBIT 1
16
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 18 of 73

EXHIBIT 1
17
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 19 of 73

EXHIBIT 1
18
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 20 of 73

EXHIBIT 1
19
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 21 of 73

EXHIBIT 1
20
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 22 of 73

EXHIBIT 1
21
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 23 of 73

EXHIBIT 1
22
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 24 of 73

EXHIBIT 1
23
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 25 of 73

EXHIBIT 1
24
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 26 of 73

EXHIBIT 1
25
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 27 of 73

EXHIBIT 1
26
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 28 of 73

EXHIBIT 1
27
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 29 of 73

EXHIBIT 1
28
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 30 of 73

EXHIBIT 1
29
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 31 of 73

EXHIBIT 1
30
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 32 of 73

EXHIBIT 1
31
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 33 of 73

EXHIBIT 1
32
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 34 of 73

EXHIBIT 1
33
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 35 of 73

EXHIBIT 1
34
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 36 of 73

EXHIBIT 1
35
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 37 of 73

EXHIBIT 1
36
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 38 of 73

EXHIBIT 1
37
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 39 of 73

EXHIBIT 1
38
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 40 of 73

EXHIBIT 1
39
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 41 of 73

EXHIBIT 1
40
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 42 of 73

EXHIBIT 1
41
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 43 of 73

EXHIBIT 1
42
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 44 of 73

EXHIBIT 1
43
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 45 of 73

EXHIBIT 1
44
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 46 of 73

EXHIBIT 1
45
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 47 of 73

EXHIBIT 1
46
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 48 of 73

EXHIBIT 1
47
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 49 of 73

EXHIBIT 1
48
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 50 of 73

EXHIBIT 1
49
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 51 of 73

EXHIBIT 1
50
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 52 of 73

EXHIBIT 1
51
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 53 of 73

EXHIBIT 1
52
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 54 of 73

EXHIBIT 1
53
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 55 of 73

EXHIBIT 1
54
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 56 of 73

EXHIBIT 1
55
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 57 of 73

EXHIBIT 1
56
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 58 of 73

EXHIBIT 1
57
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 59 of 73

EXHIBIT 1
58
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 60 of 73

EXHIBIT 1
59
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 61 of 73

EXHIBIT 1
60
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 62 of 73

EXHIBIT 1
61
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 63 of 73

EXHIBIT 1
62
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 64 of 73

EXHIBIT 1
63
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 65 of 73

EXHIBIT 1
64
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 66 of 73

EXHIBIT 1
65
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 67 of 73

EXHIBIT 1
66
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 68 of 73

EXHIBIT 1
67
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 69 of 73

EXHIBIT 1
68
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 70 of 73

EXHIBIT 1
69
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 71 of 73

EXHIBIT 1
70
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 72 of 73

EXHIBIT 1
71
Case 8:19-bk-10822-CB Doc 49 Filed 04/24/19 Entered 04/24/19 21:21:30 Desc
Main Document Page 73 of 73

PROOF OF SERVICE OF DOCUMENT


I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
Landau Gottfried & Berger LLP, 1801 Century Park East, Suite 700, Los Angeles, CA 90067

A true and correct copy of the foregoing document entitled: Receiver’s Reply to Avenatti’s Response to Order to
Show Cause Re Sanctions Filing Case in Violation of the Joint Stipulation Re Order Appointing Receiver and
Issuing Restraining Order; Declaration of John P. Reitman, with Exhibit will be served or was served (a) on the judge
in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)
04/24/19, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the
following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

 Michael Avenatti mavenatti@eaganavenatti.com, jregnier@eaganavenatti.com


 James C Bastian jbastian@shbllp.com
 Jason M Frank jfrank@lawfss.com, mnowowiejski@lawfss.com
 Michael J Hauser michael.hauser@usdoj.gov
 Melissa Davis Lowe mlowe@shbllp.com, ncarlson@shbllp.com
 R Gibson Pagter gibson@ppilawyers.com, ecf@ppilawyers.com;pagterrr51779@notify.bestcase.com
 Jack A Reitman jareitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com
 John P Reitman jreitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com
 Ronald N Richards ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com
 James R Selth jim@wsrlaw.net, jselth@yahoo.com;brian@wsrlaw.net;vinnet@ecf.inforuptcy.com
 United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov
Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On (date) 04/24/19 I served the following persons and/or entities at the last
known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed
envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here
constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

The Honorable Catherine Bauer Frank Sims & Stolper LLP United States Trustee Michael Avenatti
Central District of California 19800 MacArthur 411 W. Fourth St. 450 Newport Ctr. Dr.
Ronald Reagan Federal Boulevard, Suite 855 Suite 7160 2nd Floor
Building and Courthouse Irvine, CA 92612 Santa Ana, CA 92701 Newport Beach, CA 92660
411 West Fourth Street, Suite
5165 / Courtroom 5D
Santa Ana, CA 92701-4593

Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) ________, I served the
following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to
such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration
that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is
filed.
Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

April 24, 2019 Sarah Richmond /s/ Sarah Richmond


Date Printed Name Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

December 2012
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 1 of 8

1 James C. Bastian, Jr. - Bar No. 175415


Melissa Davis Lowe - Bar No. 245521
2 SHULMAN HODGES & BASTIAN LLP
100 Spectrum Center Drive, Suite 600
3 Irvine, California 92618
Telephone: (949) 340-3400
4 Facsimile: (949) 340-3000
Email: JBastian@shbllp.com
5 MLowe@shbllp.com

6 Attorneys for Michael J. Avenatti

8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA, SANTA ANA DIVISION

10

11 In re Case No. 8:19-bk-10822-CB

12 THE TRIAL GROUP LLP; dba TRIAL Chapter 11


GROUP; dba TRG LLP; dba EAGAN
13 O’MALLEY & AVENATTI LLP; dba MICHAEL J. AVENATTI’S REPLY TO
EAGAN AVENATTI LLP, RECEIVER’S REPLY TO ORDER TO
14 SHOW CAUSE RE SANCTIONS FOR
Debtor. FILING CASE IN VIOLATION OF THE
15 JOINT STIPULATION RE ORDER
APPOINTING RECEIVER AND ISSUING
16 RESTRAINING ORDER

17 Hearing:
Date: May 8, 2019
18 Time: 10:00 a.m.
Place: 411 West Fourth Street
19 Santa Ana, CA 92701
Courtroom 5D
20

21

22

23

24

25

26

27

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600 1
Irvine, CA 92618 6020-000\1360307.1
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 2 of 8

1 TO THE HONORABLE CATHERINE E. BAUER, UNITED STATES

2 BANKRUPTCY JUDGE, AND ALL OTHER INTERESTED PARTIES:

3 Michael J. Avenatti (“Avenatti”) hereby submits his Reply to the Receiver’s Reply

4 (“Receiver Reply”) to Avenatti’s Response (“Response”)1 to the Court’s Order to Show Cause Re

5 Sanctions For Filing Case in Violation of the Joint Stipulation re Order Appointing Receiver and

6 Issuing Restraining Order (“OSC”).

7 I. SUMMARY OF ARGUMENT

8 The Receiver Reply fails to address the Response other than to cite to cases requiring

9 dismissal for a bad faith filing and to state that the arguments raised in the Response were already

10 raised at the hearing on the Motion to Dismiss. The instant case has already been dismissed making

11 the case law cited by the Receiver irrelevant. Moreover, the Reply cites no authority to contradict

12 the plethora of authority presented by Avenatti that sanctions are not warranted in this instance –

13 the Receiver Reply is silent as to whether sanctions should be issued. Also, the Court did not reject

14 the arguments made by Avenatti at the hearing as they relate to the OSC. To the contrary, the Court

15 specifically requested that Avenatti’s reasons for filing the bankruptcy as stated at the hearing be

16 put on the record so that the Court could evaluate whether sanctions were appropriate.

17 The Receiver Reply instead focuses on whether the OSC should go forward and appears to

18 be more of a response or objection to Avenatti’s Motion to Stay Contempt Proceedings Pending

19 Resolution of Related Criminal Action (“Stay Motion”) [Docket 45]. The Receiver’s arguments

20 relating to the Stay Motion fail because the severe prejudice to Avenatti that would result by him

21 having to choose between asserting his Constitutional rights to protect him in the criminal case or

22 waiving those rights to defend the OSC is not outweighed by the delay to the Court and parties that

23 would result in granting the Stay Motion.

24 Finally, and perhaps most importantly, the time, effort and cost related to the OSC appears

25 to be that which related to responding to the Petition in the first place. This concern was expressed

26 by Avenatti’s counsel at the hearing on the Motion to Dismiss when the subject of setting an OSC

27

28 1
SHULMAN HODGES &
All capitalized terms not otherwise defined herein shall have the meaning set forth in the Response.
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\1360307.1 2
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 3 of 8

1 was first presented. The concern expressed then as now is that the OSC will only invite more

2 litigation and expense, especially in light of the extremely short time the Chapter 11 case was

3 pending and the fairly simple grounds on which the Court dismissed the case. Moreover, given the

4 serious issues Avenatti has to now address in the pending criminal action, which may very well

5 involve the prior and most recent bankruptcy filings, the OSC and possible sanctions do not appear

6 necessary or appropriate.

7 For all these reasons which will be discussed in greater detail below, Avenatti requests the

8 OSC be stayed or that if the OSC goes forward, that the Court vacate the OSC in its entirety.

9 II. ARGUMENTS IN SUPPORT OF AVENATTI’S REPLY

10 A. The OSC Does Implicate Avenatti’s Fifth Amendment Rights Because the Criminal
11 Proceedings Speak Directly to the Involuntary Case
12 The Receiver Reply is captioned as a reply to Avenatti’s Response to the OSC yet the
13 Receiver Reply speaks more to the Stay Motion. On the issues raised by the Receiver related to the

14 Stay Motion, the OSC certainly implicates Avenatti’s Fifth Amendment rights.

15 Particularly, while the Indictment does not directly cite or discuss the instant case, it does
16 relate directly to the Involuntary Case and “the operation of EA prior to and during its involuntary

17 bankruptcy” as stated by the Receiver. (See, Receiver Reply at page 4, lines 19-20.) The instant

18 case also involves the Involuntary Case and the operation of the Debtor during the Involuntary Case

19 because the dismissal and the Court’s retained jurisdiction of the Involuntary Case is at issue here.

20 Further, the assets and debts of the Debtor are certainly relevant to both this case and the Involuntary

21 Case. Finally, the Indictment cites directly to statements made and documents signed under penalty

22 of perjury in the Involuntary Case that may be at issue here and may require Avenatti’s explanation.

23 Because the Involuntary Case affects the OSC and the pending criminal matter, statements made by

24 Avenatti in this proceeding could prejudice him in the criminal matter. Avenatti faces severe

25 consequences in the criminal matter and he should be allowed to assert his Fifth Amendment rights

26 without fear of adverse inferences.

27 ///
28 ///
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\1360307.1 3
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 4 of 8

1 On the other hand, the only prejudice to the Court, the Judgment Creditor and the Receiver

2 is delay,2 as noted by the Receiver. (See, Receiver Reply at pg. 6, line 9.) To establish prejudice,

3 however, the Receiver must show more than mere delay. The Receiver failed to do so.

4 If the OSC is not stayed, judicial resources will not be used efficiently. The Receiver

5 suggests that the “Court can address his Fifth Amendment concerns, if any, on a question by

6 question basis as they arise.” (See, Receiver Reply at pg. 6, lines 15-16.) Addressing Avenatti’s

7 concerns on a question by question basis will waste the Court’s and other parties’ time with no

8 resolution because Avenatti will not answer any questions. The likely result of Avenatti not

9 answering questions based on his Fifth Amendment rights is that the hearing on the OSC would be

10 continued. Avenatti filed the Stay Motion to try to avoid the need for appearances at the currently

11 scheduled OSC only to have it be continued.

12 Finally, as to the public interest, there can be no question based on the almost daily news

13 stories that the public is interested in the criminal case pending against Avenatti. As such, the

14 criminal case should take precedence over the OSC.

15 For all these reasons, if the Court is not inclined to vacate the OSC as discussed below, the

16 OSC should be continued for at least six (6) months to allow the criminal case to continue and so

17 that Avenatti is not be placed in a position of choosing between asserting his Constitutional rights

18 to protect him in the criminal case or waiving those rights to defend the OSC.

19 B. The Receiver Reply Does Not Dispute the Law Cited by Avenatti that Rule 9011(b)(1)

20 Provides No Basis for Sanctions


21 The Receiver Reply contains very little discussion regarding the OSC despite the Response’s
22 lengthy discussion that there exists no basis for sanctions under Rule 9011(b)(1). In fact, the

23 Receiver Reply does not dispute any of Avenatti’s law or facts in support of his position that

24 sanctions are not appropriate. Instead, the Receiver Reply merely states that the arguments raised

25 were already raised at the hearing on the Dismissal Motion but that is exactly what the Court

26 requested at the hearing. Those arguments are summarized below.

27
2
28 It should be noted that the OSC need not be postponed indefinitely. The Court could postpone the OSC for six (6)
SHULMAN HODGES &
months or so until further information is known regarding the Indictment.
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\1360307.1 4
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 5 of 8

1 1. The Bankruptcy Was Necessary to Protect the Debtor and Its Assets

2 Despite the Receiver Reply’s assertion to the contrary, Avenatti has never stated or admitted

3 that the only reason he filed the bankruptcy was to avoid the JDE. While it may have been one of

4 the factors considered, Avenatti also took into account the Debtor’s various creditors and that the

5 bankruptcy was necessary to treat all creditors equally. Further, avoidance of the JDE was to protect

6 the Debtor and its creditors as the JDE potentially (and in fact did) provide a very public forum that

7 had the potential to hurt the value of estate assets (i.e. contingency fee matters where the Debtor

8 was counsel.)

9 The Receiver fails to cite even one case where dismissal for a bad faith filing resulted in the

10 issuance of sanctions under Rule 9011(b)(1). Instead, the Receiver Reply merely cites case law for

11 the proposition that cases filed in bad faith must be dismissed. The Receiver’s Motion to Dismiss

12 has already been decided here, and dismissal has already been ordered by this Court. The Receiver

13 Reply does nothing to contradict the plethora of authority presented by Avenatti that sanctions are

14 not warranted in this instance.

15 2. Avenatti Believed He Had the Absolute Right to File the Bankruptcy Petition

16 Moreover, whether or not the Receiver advised Avenatti not to file the bankruptcy is frankly
17 irrelevant. Avenatti believed he had the absolute right to file the bankruptcy. Further, the language

18 of the Stipulation does not strip Avenatti of the general right to file for bankruptcy protection.

19 Avenatti’s interpretation of the Stipulation is clearly different from that of the Receiver, but that is

20 not too difficult to understand when Avenatti did not draft the Stipulation.

21 Like above, the Receiver does not dispute or provide any authority contradicting the case
22 law cited by Avenatti that a debtor generally has the absolute right to file a bankruptcy despite a

23 pending federal receivership, subject to some limited exceptions not present here.

24 3. Avenatti Believed He Could Invoke the Court’s Retained Jurisdiction


25 Finally, the Receiver asserts that Avenatti did not file the bankruptcy to try to restructure the
26 payment agreement with the Judgment Creditor. The Receiver has no personal knowledge and

27 cannot possibly know Avenatti’s reasons for filing the bankruptcy. It cannot be disputed, however,

28 that the Involuntary Case was dismissed based upon an agreement to a payment plan of the Judgment
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\1360307.1 5
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 6 of 8

1 Creditor’s debt and that the dismissal of that case included the Bankruptcy Court’s retained

2 jurisdiction. Avenatti agreed to the appointment of a receiver because he believed the Judgment

3 Creditor would attend mediation and attempt to resolve its judgment against the Debtor. When it

4 became clear the Judgment Creditor would not do so, Avenatti invoked the Court’s retained

5 jurisdiction to try to re-work a payment arrangement with the Judgment Creditor.

6 III. CONCLUSION

7 In summary, the Receiver does not dispute that the bankruptcy was not filed to harass or to

8 cause unnecessary delay or a needless increase in the cost of litigation and as such, sanctions are not

9 warranted. In addition, the prejudice to the Court and other parties by a delay in the OSC

10 proceedings is severely outweighed by the prejudice to Avenatti if the OSC is not stayed because

11 he would be denied his Constitutional rights. For all these reasons, Avenatti respectfully requests

12 that the Court stay the OSC proceeding or that if it does not, that the Court vacate the OSC and not

13 award any amount of sanctions against Avenatti individually or the Debtor.

14 SHULMAN HODGES & BASTIAN LLP

15
By:
16 DATED: May 1, 2019 /s/ Melissa Davis Lowe
James C. Bastian, Jr.
17 Melissa Davis Lowe
Attorneys for Michael J. Avenatti
18

19

20

21

22

23

24

25

26

27

28
SHULMAN HODGES &
BASTIAN LLP
100 Spectrum Center Drive
Suite 600
Irvine, CA 92618
6020-000\1360307.1 6
Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 7 of 8
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 100
Spectrum Center Drive, Suite 600, Irvine, California 92618

A true and correct copy of the foregoing document entitled (specify): MICHAEL J. AVENATTI’S REPLY TO
RECEIVER’S REPLY TO ORDER TO SHOW CAUSE RE SANCTIONS FOR FILING CASE IN VIOLATION OF THE
JOINT STIPULATION RE ORDER APPOINTING RECEIVER AND ISSUING RESTRAINING ORDER will be served or
was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner
stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)
May 1, 2019, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the
following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL:


On (date) May 1, 2019, I served the following persons and/or entities at the last known addresses in this bankruptcy
case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,
first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the
judge will be completed no later than 24 hours after the document is filed.

Judge’s Copy: Hon Catherine E Bauer, US Bankruptcy Court, Ronald Reagan Federal Building, 411 W. Fourth
Street, Suite 5165, Santa Ana, CA 92701

Interested Party: United States Trustee, Ronald Reagan Federal Building and United States Courthouse, 411
West Fourth Street, #9041, Santa Ana, California 92701-8000

Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) Not Applicable, I served
the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing
to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a
declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the
document is filed.

Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

May 1, 2019 Nicole Carlson /s/ Nicole Carlson


Date Printed Name Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE


Case 8:19-bk-10822-CB Doc 50 Filed 05/01/19 Entered 05/01/19 12:52:05 Desc
Main Document Page 8 of 8
NEF SERVICE LIST

Michael Avenatti on behalf of Debtor The Trial Group LLP


mavenatti@eaganavenatti.com, jregnier@eaganavenatti.com

James C Bastian, Jr on behalf of Interested Party Michael Avenatti


jbastian@shbllp.com

Jason M Frank on behalf of Creditor Jason Frank Law, PLC


jfrank@lawfss.com, mnowowiejski@lawfss.com

Michael J Hauser on behalf of U.S. Trustee United States Trustee (SA)


michael.hauser@usdoj.gov

R Gibson Pagter, Jr. on behalf of Creditor 520 Newport Center Drive, LLC
gibson@ppilawyers.com, ecf@ppilawyers.com;pagterrr51779@notify.bestcase.com

Jack A Reitman on behalf of Interested Party Brian Weiss


jareitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com

John P Reitman on behalf of Interested Party Courtesy NEF


jreitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com

Ronald N Richards on behalf of Interested Party Courtesy NEF


ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com

James R Selth on behalf of Interested Party Courtesy NEF


jim@wsrlaw.net, jselth@yahoo.com;brian@wsrlaw.net;vinnet@ecf.inforuptcy.com

United States Trustee (SA)


ustpregion16.sa.ecf@usdoj.gov

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE


Case 8:19-bk-10822-CB Doc 51 Filed 05/02/19 Entered 05/02/19 16:52:24 Desc
Main Document Page 1 of 6

1 JOHN P. REITMAN (State Bar No. 80579)


jreitman@lgbfirm.com
2 JACK. A. REITMAN (State Bar No. 283746)
jareitman@lgbfirm.com
3 LANDAU GOTTFRIED & BERGER LLP
1880 Century Park East, Suite 1101
4 Los Angeles, California 90067
Telephone: (310) 557-0050
5 Facsimile: (310) 557-0056

6 Attorneys for Brian Weiss,


Receiver for Eagan Avenatti, LLP
7

8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA – SANTA ANA DIVISION


10 In re: Case No. 8:19-bk-10822-CB

11 THE TRIAL GROUP, LLP f/k/a Eagan Chapter 11 (Dismissed)


& B E RGER LLP

Avenatti, LLP
12
RECEIVER’S SUR-REPLY IN
LOS ANGELES, CALIFO RNIA
ATTO RNEYS AT LA W

13 Debtor SUPPORT OF ORDER TO SHOW


CAUSE RE SANCTIONS: FILING
GOTTFR IED

14 CASE IN VIOLATION OF THE JOINT


STIPULATION RE ORDER
15
L ANDAU

APPOINTING RECEIVER AND


ISSUING RESTRAINING ORDER
16

17 Hearing Date and Time:


Date: May 8, 2019
18 Time: 10:00 a.m.
Place: 411 West Fourth Street
19 Santa Ana, CA 92701
Courtroom 5D
20

21

22

23

24

25

26

27

28
Case 8:19-bk-10822-CB Doc 51 Filed 05/02/19 Entered 05/02/19 16:52:24 Desc
Main Document Page 2 of 6

1 Brian Weiss, the court appointed receiver (the “Receiver”) for the estate of Trial Group,

2 LLP, f/k/a Eagan Avenatti, LLP (“EA”) submits his sur-reply in support of this Court’s Order To

3 Show Cause In Violation Of The Joint Stipulation Re Order Appointing Receiver And Issuing

4 Restraining Order (the “OSC”).

5 In his purported reply (the “Reply”) to the OSC, Avenatti argues that “the Receiver does

6 not dispute or provide any authority contradicting the case law cited by Avenatti that a debtor

7 generally has the absolute right to file a bankruptcy despite a pending federal receivership…”

8 Reply at 5:21-23. This is, to be charitable, a straw man argument: The Receiver is not claiming

9 that the debtor EA lacked the authority to go into bankruptcy, he is claiming that Avenatti lacked
10 the authority to place EA into bankruptcy. In fact, Avenatti’s failure to acknowledge controlling
& B E RGER LLP

11 law in this Circuit is far worse. Cal. Rules of Professional Conduct, Rule 3.3(a)(1) and (2).
LOS ANGELES, CALIFO RNIA

12 In re Sino Clean Energy, Inc., 901 F.3d 1139 (9th Cir. 2018) discusses the issue of who
ATTO RNEYS AT LA W
GOTTFR IED

13 has authority to file a bankruptcy petition on behalf of a legal entity. In Sino, the debtor (Sino)

14 had a receiver appointed in May 2014, prior to the filing of bankruptcy. The order appointing that
L ANDAU

15 receiver granted the receiver, inter alia, the power to reconstitute Sino’s board of directors, which

16 he did, replacing the board with a sole director. Id. at 1140-41. In July 2015, the former chairman

17 and CEO (Baowen Ren) purported to “reconstitute” the former Sino board of directors, and

18 thereafter filed a voluntary petition for Chapter 11 relief on behalf of Sino. The bankruptcy court

19 dismissed that action in August of 2015, holding that, at the time the petition was filed by Ren and

20 the former board members, the petition was filed without corporate authority because the Sino

21 board of directors had been replaced by the Receiver under state law (per the receivership order).

22 The Ninth Circuit affirmed, citing to Oil & Gas Co. v. Duryee, 9 F.3d 771 (9th Cir. 1993),
23 and stating the following:

24 A voluntary petition for bankruptcy under § 301 is commenced by the filing of a


25 bankruptcy petition by an entity that may be a debtor . . . State law determines who
26 has the authority to file a voluntary bankruptcy petition on behalf of a debtor. Price
27 v. Gurney, 324 U.S. 100, 106-07, 65 S. Ct. 513, 89 L. Ed. 776 (1945); see also
28 Keenihan v. Heritage Press, Inc., 19 F.3d 1255, 1258 (8th Cir. 1994) ("A person
2
Case 8:19-bk-10822-CB Doc 51 Filed 05/02/19 Entered 05/02/19 16:52:24 Desc
Main Document Page 3 of 6

1 filing a voluntary bankruptcy petition on a corporation's behalf must be authorized to

2 do so, and the authorization must derive from state law.").

3 ....

4 We ruled that, pursuant to the rehabilitation order, the rehabilitator was the only

5 person authorized to commence bankruptcy proceedings on behalf of Oil & Gas. Id.

6 As a result, we held that the individual not authorized by the rehabilitation order who

7 was purporting to file bankruptcy on behalf of the corporation was an “impostor,”

8 and the action was “null and void” as “fraudulently filed.” Id. That same logic applies

9 in this instance.
10 Id. at 1141-42.
& B E RGER LLP

11 El Torero Licores v. Raile (In re El Torero Licores), No. SACV 13-00875-VAP, 2013 U.S.
LOS ANGELES, CALIFO RNIA

12 Dist. LEXIS 179953 (C.D. Cal. Dec. 20, 2013) 1 dealt with a similar issue. The debtor, El Toro
ATTO RNEYS AT LA W
GOTTFR IED

13 Licores, was placed into a receivership by the Orange County Superior Court in September 2011.

14 In September 2012, the superior court granted the receiver’s ex parte application, vesting her with
L ANDAU

15 the sole authority to file a bankruptcy petition on behalf of the debtor. Licores, 2013 U.S. Dist.

16 LEXIS 179953 *2-3. On January 22, 2013, the Bonilla Brothers (who formally ran the debtor)

17 filed a Chapter 11 petition on behalf of El Toro Licores. On February 8, 2013, the bankruptcy

18 court (on the Receiver’s motion) dismissed the bankruptcy stating, “Debtor lacked authorization to

19 file bankruptcy in view of the vesting in the Receiver of the exclusive authority to file.” Id. at *3.

20 The District Court affirmed, stating the following:

21 Here, the state court entered an order on September 13, 2012 vesting Receiver with

22 the sole authority to file a bankruptcy petition on behalf of Debtor. (AER at 231-32.)

23 The order also explicitly deprived the Bonilla Brothers of any power to file

24 bankruptcy on behalf of Debtor. (Id.) Therefore, under state law, none of the Bonilla

25 Brothers have authority to file a bankruptcy petition on behalf of Debtor.

26 ....

27
1
Virginia A. Phillips, Chief Judge for the United States District Court for the Central District of California presiding.
28
3
Case 8:19-bk-10822-CB Doc 51 Filed 05/02/19 Entered 05/02/19 16:52:24 Desc
Main Document Page 4 of 6

1 The Receivership Order . . . does not divest Debtor from the its power to seek

2 bankruptcy protection; rather, the order identifies who has the power to file the

3 bankruptcy petition on behalf of Debtor. As the Supreme Court stated

4 in Price, "nowhere is there any indication that Congress bestowed on the bankruptcy

5 court jurisdiction to determine that those who in fact do not have the authority to

6 speak for the corporation as a matter of local law are entitled to be given such

7 authority and therefore should be empowered to file a petition on behalf of the

8 corporation." Price, 324 U.S. at 107. Thus, the Receivership Order does not run

9 contrary to Congress's right to enact uniform laws of bankruptcy or change the


10 application of bankruptcy laws to debtors.
& B E RGER LLP

11 The Bonilla Brothers also cite In re Cash Currency Exch., 762 F.2d 542, 552 (7th Cir.
LOS ANGELES, CALIFO RNIA

12 1985) for the proposition that "the exclusivity of an administrative receiver's title to
ATTO RNEYS AT LA W
GOTTFR IED

13 all assets under state law is irrelevant in the determination whether a particular entity

14 may file for bankruptcy relief . . . a corporation may not be precluded by state law
L ANDAU

15 from availing itself of federal bankruptcy law." (Appellant Br. at 6) (quoting Cash

16 Currency, 762 F.2d at 552). As stated above, however, the Receivership Order

17 does not preclude Debtor from availing itself of bankruptcy protection but only

18 restricts who may file the petition on its behalf. If Receiver determines that it is

19 in the best interest of Debtor to file bankruptcy, Receiver has the power to do

20 so.

21 Id. at *16-19 (emphasis added). This is precisely the same issue that is currently before the Court

22 (and was before the Court in dismissing the bankruptcy case that Avenatti filed for “the Trial

23 Group”). Regardless of Avenatti’s perceived “authority”, the reality was that he (i) had no such

24 authority; (ii) was on actual notice that he had no such authority; and (iii) had voluntarily agreed to

25 give up that authority.

26 Lastly, Avenatti argues in his “Reply” that he believed he could exercise the reserved

27 jurisdiction of this Court from the 2017 EA bankruptcy case. Avenatti apparently has forgotten

28 that this Court abstained from this case in the fall of 2018 and divested itself of jurisdiction
4
Case 8:19-bk-10822-CB Doc 51 Filed 05/02/19 Entered 05/02/19 16:52:24 Desc
Main Document Page 5 of 6

1 entirely. Docket No. 585 from In re Eagan Avenatti, 8:17-bk-11961-CB states the following:

2 Bankruptcy Case Closed - DISMISSED. An Order dismissing the above referenced

3 case was entered and notice was provided to parties in interest. Since it appears that

4 no further matters are required that this case remain open, or that the jurisdiction of

5 this Court continue, it is ordered that the case is closed. (Daniels, Sally) (Entered:

6 10/23/2018)

7 In re Eagan Avenatti, 8:17-bk-11961-CB, Docket No. 585 Entry (text only) (emphasis added).

8 Regardless of what Avenatti believed he could do, the reality was (i) he could not do so

9 and (ii) he was on actual notice that he could not do so. Moreover, if Avenatti truly believed this
10 was what he was doing, he would have moved to re-open the prior case, not file a new bankruptcy
& B E RGER LLP

11 case from scratch.


LOS ANGELES, CALIFO RNIA

12
ATTO RNEYS AT LA W
GOTTFR IED

13 Dated: May 2, 2019 LANDAU GOTTFRIED & BERGER LLP

14
L ANDAU

By_ /s/ Jack A. Reitman_____ __


15
Jack A. Reitman
16 Attorneys for Brian Weiss, Receiver for Eagan
Avenatti, LLP
17

18

19

20

21

22

23

24

25

26

27

28
5
Case 8:19-bk-10822-CB Doc 51 Filed 05/02/19 Entered 05/02/19 16:52:24 Desc
Main Document Page 6 of 6

PROOF OF SERVICE OF DOCUMENT


I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
Landau Gottfried & Berger LLP, 1801 Century Park East, Suite 700, Los Angeles, CA 90067

A true and correct copy of the foregoing document entitled: Receiver’s Sur-Reply in Support of Order to Show Cause
Re Sanctions: Filing Case in Violation of the Joint Stipulation Re Order Appointing Receiver and Issuing
Restraining Order will be served or was served (a) on the judge in chambers in the form and manner required by LBR
5005-2(d); and (b) in the manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)
05/02/19, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the
following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

 Michael Avenatti mavenatti@eaganavenatti.com, jregnier@eaganavenatti.com


 James C Bastian jbastian@shbllp.com
 Jason M Frank jfrank@lawfss.com, mnowowiejski@lawfss.com
 Michael J Hauser michael.hauser@usdoj.gov
 Melissa Davis Lowe mlowe@shbllp.com, ncarlson@shbllp.com
 R Gibson Pagter gibson@ppilawyers.com, ecf@ppilawyers.com;pagterrr51779@notify.bestcase.com
 Jack A Reitman jareitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com
 John P Reitman jreitman@lgbfirm.com, srichmond@lgbfirm.com;emeza@lgbfirm.com;vrichmond@lgbfirm.com
 Ronald N Richards ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com
 James R Selth jim@wsrlaw.net, jselth@yahoo.com;brian@wsrlaw.net;vinnet@ecf.inforuptcy.com
 United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov
Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On (date) 05/02/19 I served the following persons and/or entities at the last
known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed
envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here
constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.

The Honorable Catherine Bauer Frank Sims & Stolper LLP United States Trustee Michael Avenatti
Central District of California 19800 MacArthur 411 W. Fourth St. 450 Newport Ctr. Dr.
Ronald Reagan Federal Boulevard, Suite 855 Suite 7160 2nd Floor
Building and Courthouse Irvine, CA 92612 Santa Ana, CA 92701 Newport Beach, CA 92660
411 West Fourth Street, Suite
5165 / Courtroom 5D
Santa Ana, CA 92701-4593

Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) ________, I served the
following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to
such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration
that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is
filed.
Service information continued on attached page

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

May 2, 2019 Sarah Richmond /s/ Sarah Richmond


Date Printed Name Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

December 2012