Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 1 of 34 Page ID #:3101
1 BUCHALTER NEMER A Professional Corporation 2 STEVEN M. SPECTOR (SBN: 51623) OREN BITAN (SBN: 251056) 3 1000 Wilshire Boulevard, Suite 1500 Los Angeles, CA 90017-2457 4 Telephone: (213) 891-0700 Fax: (213) 896-0400 5 Email:
[email protected] Email:
[email protected] 6 Attorneys for Joel B. Weinberg, Receiver 7 8
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
10 WELLS FARGO BANK, NATIONAL 11 ASSOCIATION,
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Plaintiff, v.
CASE No. 2:15-cv-02332-GW(PJWx) FOURTH NOTICE OF RECEIVER’S INTENT TO PAY INTERIM PROFESSIONAL FEES (OCTOBER 1, 2015 THROUGH OCTOBER 31, 2015)
14 HIDDEN VALLEY COMPANIES, INC., a California corporation; HIDDEN 15 VALLEY TRANSPORTATION [NO HEARING SET] SYSTEMS, INC., a Delaware 16 corporation; HIDDEN VALLEY MOVING AND STORAGE, INC., a 17 California corporation; HIDDEN VALLEY TRANSFER, INC., a 18 California corporation; HIDDEN VALLEY MOVING & STORAGE OF 19 CENTRAL TEXAS, INC., a Texas corporation; HIDDEN VALLEY 20 MOVING GROUP, INC. an Arizona corporation; PREMIER MOVING 21 SYSTEMS, INC., a California corporation; STORE & MOVE 22 SOLUTIONS, INC., a California corporation; BUG DOG PROPERTIES, 23 LLC, a California limited liability company; BCD CAPITAL PARTNERS, 24 LLC, a Texas limited liability company; BCD PROPERTIES, LLC, a California 25 limited liability company; BCD SOUTHWEST PARTNERS, LLC, an 26 Arizona limited liability company; and DOES 1-10, 27 Defendants. 28 B UCHALTER N EMER A PROFES SION AL CORPORAT ION LOS ANG ELES
BN 19644473v1
FOURTH NOTICE OF RECEIVER’S INTENT TO PAY INTERIM PROFESSIONAL FEES (OCTOBER 1, 2015 THROUGH OCTOBER 31, 2015)
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 2 of 34 Page ID #:3102
1 TO THE PARTIES AND THEIR COUNSEL: This Fourth Notice of Receiver’s Intent to Pay Interim Professional Fees (the
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3 “Notice”) is given to the Parties to this action and their counsel consistent with the 4 Court’s Order: (1) For the Appointment of a Temporary Receiver, etc., filed herein 5 on April 7, 2015 (Doc. 23) (para. 13, page 7, lines 23-28 and page 8, lines 1-3) and 6 this Court’s Order: (1) For the Appointment of a Permanent Receiver, etc., filed 7 herein on April 27, 2015 (Doc. 39) (para. 13, page 7, lines 13-21) (collectively, the 8 “Orders”). This Notice pertains to professional fees of the Receiver, incurred by the
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10 Receiver or for the benefit of the receivership estate. The Orders permit payment of the Interim Professional Fees upon the
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12 mailing of this Notice to the parties (with subsequent confirmation of the fees and 13 expenses of the professionals to be requested from the Court). There is presently 14 sufficient funds in the receivership to pay in full the Interim Professional Fees listed 15 below. In addition, parties are advised that, among other things, payment of interim 16 professional fees is subject to the provisions of that certain Stipulation between 17 Receiver and Wells Fargo Bank, N.A. re (1) Use of Sale Proceeds to Pay 18 Professional Fees; and (2) Turnover of Excess Proceeds; Order Thereon (the 19 “Stipulation”) (Doc. 75) and the Court’s Order made in connection therewith (Doc. 20 79). Pursuant to the Stipulation, an agreement has been reached between the 21 Receiver, the professionals listed below and Wells Fargo Bank, N.A. pursuant to 22 which, as monies held by the Receiver permit, the Receiver may pay the fees/costs 23 owing to the professionals in the amounts set forth opposite their names. Set forth below is the name of each professional to be paid and the amount of
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25 professional fees and costs owed to them from October 1, 2015 through October 31, 26 2015: 27 28 B UCHALTER N EMER A PROFES SION AL CORPORAT ION LOS ANG ELES
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FOURTH NOTICE OF RECEIVER’S INTENT TO PAY INTERIM PROFESSIONAL FEES (OCTOBER 1, 2015 THROUGH OCTOBER 31, 2015)
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 3 of 34 Page ID #:3103
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Name of Professional 2 Joel B. Weinberg, Receiver 3 Management Pro Tem, LLC – Case 4 Manager and Administrator to Receiver
Amount $2,745.00 $17,995.43
$16,724.00 5 Buchalter Nemer, PC – Counsel to Receiver 6 Smiley Wang-Ekvall, LLP – Counsel to $15,653.70 the Hidden Valley Companies 7 The billings of each professional listed above for the indicated billing period 8 9 are attached to this Notice as Exhibits “A,” “B,” “C” and “D,” respectively. This Notice was served on counsel for plaintiff, counsel for defendants, 10 11 parties who have appeared in this action and has been deposited into the Data Room 12 established by the Receiver to provide notices in this action to unsecured creditors 13 of the defendants subject to receivership. 14 15
DATED:
December 11, 2015 /s/ JOEL B. WEINBERG JOEL B. WEINBERG, RECEIVER
16 17 Presented by: 18 BUCHALTER NEMER 19 A Professional Corporation 20 21
By:/s/ STEVEN M. SPECTOR STEVEN M. SPECTOR 22 Attorneys for JOEL B. WEINBERG, Receiver 23 24 25 26 27 28 B UCHALTER N EMER A PROFES SION AL CORPORAT ION LOS ANG ELES
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FOURTH NOTICE OF RECEIVER’S INTENT TO PAY INTERIM PROFESSIONAL FEES (OCTOBER 1, 2015 THROUGH OCTOBER 31, 2015)
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 4 of 34 Page ID #:3104
Exhibit A - Page 3
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 5 of 34 Page ID #:3105
Exhibit A - Page 4
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 6 of 34 Page ID #:3106
Exhibit A - Page 5
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 7 of 34 Page ID #:3107
Exhibit B - Page 6
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 8 of 34 Page ID #:3108
Exhibit B - Page 7
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 9 of 34 Page ID #:3109
Exhibit B - Page 8
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Exhibit B - Page 9
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 11 of 34 Page ID #:3111
Exhibit B - Page 10
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 12 of 34 Page ID #:3112
Exhibit B - Page 11
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 13 of 34 Page ID #:3113
Exhibit B - Page 12
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Exhibit B - Page 13
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 15 of 34 Page ID #:3115
Exhibit B - Page 14
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Exhibit B - Page 15
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Exhibit B - Page 16
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 18 of 34 Page ID #:3118
Exhibit C - Page 17
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 19 of 34 Page ID #:3119
Exhibit C - Page 18
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 20 of 34 Page ID #:3120
Exhibit C - Page 19
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Exhibit C - Page 20
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Exhibit C - Page 21
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 23 of 34 Page ID #:3123
Exhibit D - Page 22
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 24 of 34 Page ID #:3124
Exhibit D - Page 23
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Exhibit D - Page 24
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Exhibit D - Page 25
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Exhibit D - Page 26
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Exhibit D - Page 27
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 29 of 34 Page ID #:3129
Exhibit D - Page 28
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Exhibit D - Page 29
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Exhibit D - Page 30
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 32 of 34 Page ID #:3132
Exhibit D - Page 31
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 33 of 34 Page ID #:3133
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PROOF OF SERVICE
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CASE NO. 2:15-cv-02332-GW-PJW
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I am employed in the County of Los Angeles, State of California, I am over the age of 18 and not a party to the within action; my business address is 1000 Wilshire Blvd., Suite 1500, Los Angeles, California 90017.
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On December 11, 2015, I served the foregoing document(s) described as:
FOURTH NOTICE OF RECEIVER’S INTENT TO PAY INTERIM PROFESSIONAL FEES (OCTOBER 1, 2015 THROUGH OCTOBER 31, 2015) on the interested parties in this action, at the addresses listed below, as follows: See attached service list. (X) For Collection. By placing a true copy (copies) thereof enclosed in a sealed envelope(s), addressed as above, and by placing said sealed envelope(s) for collection and mailing on that date following ordinary business practices. I am “readily familiar” with the business’ practice for collection and processing of correspondence for mailing the U.S. Postal Service. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. (X) Via NEF. The document will be served by the court via NEF and hyperlink to the document. On December 11, 2015, I checked the CM/ECF docket for this case and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated on the attached service list. (X) Federal. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
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Executed on December 11, 2015, at Los Angeles, California. 19 20
/s/ SHIRLENE MARTIN SHIRLENE MARTIN
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PROOF OF SERVICE BN 18131115v1
Case 2:15-cv-02332-GW-PJW Document 88 Filed 12/11/15 Page 34 of 34 Page ID #:3134
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SERVED VIA NOTICE OF ELECTRONIC FILING (NEF) • Oren Bitan
[email protected],
[email protected] • Michael Gerard Fletcher
[email protected],
[email protected],
[email protected] • Bruce David Poltrock
[email protected],
[email protected],
[email protected] • Jessica Mickelsen Simon
[email protected],
[email protected],
[email protected] • Evan D Smiley
[email protected],
[email protected],
[email protected],
[email protected] • Steven M Spector
[email protected],
[email protected] 11
SERVED VIA U.S. MAIL 12 13 14
William Bradley Freeman Katten Muchin Rosenman LLP 515 South Flower Street, Suite 1000 Los Angeles, CA 90071-2212
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PROOF OF SERVICE BN 18131115v1