U.S. District Court Orders and other Court Filings

ROBB EVANS, RECEIVER In the matters of: U.S. Securities and Exchange Commission vs. D. W. Heath & Associates, Inc., et al.
and
The People of the State of California vs. Daniel William Heath; Denis Timothy O'Brien; John William Heath and Larre Jaye Schlarmann

Order:
(1) Approving Final Report and Accounting;
(2) Approving Modified Treatment of Troxler Enterprises Claim;
(3) Approving Final Distribution of Receivership Assets;
(4) Approving Receiver's and Attorneys' Fees and Expenses from March 1, 2008 Through Closing;
(5) Discharging the Receiver;
(6) Relieving Receiver of All Duties and Liabilities;
(7) Exonerating Receiver's Bond;
(8) Authorizing Abandonment and Destruction of Records and Wind-Up of Receivership Estate;

Filed July 28, 2009

Notice of Motion and of Hearing on Motion by Receiver for Order:
(1) Approving Final Report and Accounting;
(2) Approving Modified Treatment of Troxler Enterprises Claim;
(3) Approving Final Distribution of Receivership Assets;
(4) Approving Receiver's and Attorneys' Fees and Expenses from March 1, 2008 Through Closing;
(5) Discharging the Receiver;
(6) Relieving Receiver of All Duties and Liabilities;
(7) Exonerating Receiver's Bond;
(8) Authorizing Abandonment and Destruction of Records and Wind-Up of Receivership Estate

Filed July 1, 2009

Notice of Motion and Motion by Receiver for Order:
(1) Approving Final Report and Accounting;
(2) Approving Modified Treatment of Troxler Enterprises Claim;
(3) Approving Final Distribution of Receivership Assets;
(4) Approving Receiver's and Attorneys' Fees and Expenses from March 1, 2008 Through Closing;
(5) Discharging the Receiver;
(6) Relieving Receiver of All Duties and Liabilities;
(7) Exonerating Receiver's Bond;
(8) Authorizing Abandonment and Destruction of Records and Wind-Up of Receivership Estate;
Memorandum of Points and Authorities and Declaration of Gary Owen Caris in Support Thereof
Declaration of Robb Evans in Support Thereof

Filed July 1, 2009

Order Approving Fourth Distribution to Holders of All Allowed Investor Claims and Allowed Non-Investor Claims
Filed December 16, 2008

Notice of Hearing on Motion by Receiver for Order Approving Fourth Distribution to Holders of All Allowed Investor Claims and Allowed Non-Investor Claims
Filed November 21, 2008

Notice of Motion and Motion by Receiver for Order Approving Fourth Distribution to Holders of All Allowed Investor Claims and Allowed Non-Investor Claims;
Memorandum of Points and Authorities;
Declaration of Brick Kane in Support Thereof

Filed November 21, 2008

Order Granting Motion for Approval of Settlement of Claim Against Chapter 7 Estate of Coast Energy Management, Inc.
Filed August 26, 2008

Notice of Hearing on Motion for Approval of Settlement of Claim Against Chapter 7 Estate of Coast Energy Management, Inc.
Filed July 31, 2008

Notice of Motion and Motion for Approval of Settlement of Claim Against Chapter 7 Estate of Coast Energy Management, Inc.;
Memorandum of Points and Authorities in Support Thereof;
Declaration of Brick Kane in Support Thereof

Filed July 31, 2008

Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [September 1, 2007 Through February 29, 2008]
Filed June 4, 2008

Notice of Hearing on Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [September 1, 2007 Through February 29, 2008]
Filed May 8, 2008

Notice of Motion and Motion for Order:
Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [September 1, 2007 Through February 29, 2008];
Memorandum of Points and Authorities; Declarations of Gary Owen Caris and Robb Evans in Support Thereof

Filed May 8, 2008

Order Approving Sale of 924 Pine Knot, 934 Pine Knot, 918 Cameron Court and a One-Tenth Fractional Interest in a Unit at the Club at Big Bear by Private Sale and for Modification of Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith
Filed March 6, 2008

Order Granting Receiver's Omnibus Motion and
(1) Approving Settlement of Disputed Claim;
(2) Disallowing or Alternatively Subordinating Disputed Claims;
(3) Terminating Reserve for Disputed Claims and
(4) Approving Sale of Interest in Design Solutions, Inc.

Filed March 6, 2008

Notice of Motion and Omnibus Motion by Receiver for Order:
(1) Approving Settlement of Disputed Claim;
(2) Disallowing or Alternatively Subordinating Disputed Claims;
(3) Terminating Reserve for Disputed Claims and
(4) Approving Sale of Interest in Design Solutions, Inc.
Memorandum of Points and Authorities; Declaration of Brick Kane; and Request for Judicial Notice in Support Thereof

Filed February 11, 2008

Notice of Motion and Motion for an Order Approving Sale of 924 Pine Knot, 934 Pine Knot, 918 Cameron Court and a One-Tenth Fractional Interest in a Unit at the Club at Big Bear by Private Sale and for Modification of Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith;
Memorandum of Points and Authorities;
Declaration of Earl Lanna and Kenton Johnson in Support Thereof

Filed February 11, 2008

Order Granting Motion for Instructions Seeking Permission to Produce Documents for Inspection and Copying Pursuant to Subpoena Related to D.W. Heath & Associates
Filed December 10, 2007

Order Approving Third Distribution Including Distribution to Holders of Allowed Non-Investor Claims and Approving Proposed Settlement of Claim of Anna Walker
Filed November 19, 2007

Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [April 1, 2007 Through August 31, 2007]
Filed November 19, 2007

Notice of Hearing on:
(1) Motion by Receiver for Order Approving Third Distribution Including Distribution to Holders of Allowed Non-Investor Claims and for Approval of Proposed Settlement; and
(2) Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [April 1, 2007 Through August 31, 2007]

Filed October 26, 2007

Notice of Motion and Motion by Receiver for Order:
Approving Third Distribution Including Distribution to Holders of Allowed Non-Investor Claims and for Approval of Proposed Settlement;
Memorandum of Points and Authorities; Declaration of Brick Kane in Support Thereof

Filed October 26, 2007

Notice of Hearing on Motion for Instructions Seeking Permission to Produce Documents for Inspection and Copying Pursuant to Subpoena Related to D.W. Heath & Associates
Filed October 26, 2007

Motion for Instructions Seeking Permission to Produce Documents for Inspection and Copying Pursuant to Subpoena Related to D.W. Heath & Associates;
Memorandum of Points and Authorities; Declaration of Brick Kane in Support Thereof

Filed October 26, 2007

Notice of Motion and Motion for Order:
Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [April 1, 2007 Through August 31, 2007];
Memorandum of Points and Authorities; Declarations of Robb Evans and Gary Owen Caris in Support Thereof

Filed October 26, 2007

Notice of Hearing on Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [October 1, 2006 Through March 31, 2007]
Filed May 25, 2007

Notice of Motion and Motion for Order:
Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [October 1, 2006 Through March 31, 2007];
Memorandum of Points and Authorities; Declarations of Robb Evans and Gary Owen Caris in Support Thereof

Filed May 25, 2007

Order Granting Motion for Approval of Settlement Between Receiver and Robert L. Goodrich, Chapter 7 Trustee
Filed November 20, 2006

Order Granting Motion for Order:
(1) Approving Receiver’s Report of Activities (January 1, 2006 Through June 30, 2006); and
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [May 1, 2006 Through September 30, 2006]

Filed November 20, 2006

Notice of Motion and Motion for Approval of Settlement Between Receiver and Robert L. Goodrich, Chapter 7 Trustee;
Memorandum of Points and Authorities; Declaration of Brick Kane in Support Thereof

Filed October 27, 2006

Notice of Motion and Motion for Order:
(1) Approving Receiver’s Report of Activities (January 1, 2006 Through June 30, 2006); and
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses [May 1, 2006 Through September 30, 2006];
Memorandum of Points and Authorities; Declarations of Robb Evans and Gary Owen Caris in Support Thereof

Filed October 27, 2006

Order Continuing Hearing on Receiver's (A)Motion for Order:
(1) Approving Receiver’s Report of Activities (July 1, 2005 Through December 31, 2005); and
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses [December 1, 2005 Through April 30, 2006];
and (B):
Motion by Receiver for Order Approving Second Distribution

Dated August 3, 2006

Notice of Hearing on:
(A) Motion for Order: (1) Approving Receiver’s Report of Activities (July 1, 2005 Through December 31, 2005); and (2) Approving Payment of Receiver's and Professionals' Fees and Expenses [December 1, 2005 Through April 30, 2006]; and
(B) Motion by Receiver for Order Approving Second Distribution

Filed July 17, 2006

Notice of Motion and Motion by Receiver for Order Approving Second Distribution; Memorandum of Points and Authorities and Declaration of Brick Kane in Support Thereof
Filed July 17, 2006

Notice of Motion and Motion for Order:
(1) Approving Receiver’s Report of Activities (July 1, 2005 Through December 31, 2005); and
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses [December 1, 2005 Through April 30, 2006];
Declarations of Robb Evans and Gary Owen Caris in Support Thereof

Filed July 17, 2006

Order Granting Motion for Approval of Settlement Between Receiver and Techniglove International, Inc. and Canceling Daniel Heath’s Stock in Techniglove International, Inc. and Requiring that New Shares be Reissued to the Receiver
Filed June 5, 2006

Notice of Motion and Motion for Approval of Settlement Between Receiver and Techniglove International, Inc. and for Order Canceling Daniel Heath’s Stock in Techniglove International, Inc. and Requiring that New Shares be Reissued to the Receiver;
Memorandum of Points and Authorities and Declaration of Srinivasa Krishnan in Support Thereof

Filed May 15, 2006

Order Granting Motion for Order Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from July 1, 2005 Through November 30, 2005
Filed February 13, 2006

Notice of and Motion and Motion for Order Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from July 1, 2005 Through November 30, 2005; Declarations of Robb Evans and Gary Owen Caris in Support Thereof
Filed January 20, 2006

Order Granting Motion for Order Approving Sale of Pearson Property by Private Sale and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in connection Therewith
Filed January 9, 2006

Notice of Hearing on Receiver's Motion for Approval of Settlement between Rooke Area Development Group, Inc.
Filed January 6, 2006

Notice of Motion and Motion for Approval of Settlement between Receiver and Rooke Area Development Group, Inc.; Memorandum of Points and Authorities and Declaration of Robb Evans in Support Thereof
Filed January 6, 2006

Notice of Continuance of Hearing on Motion for Order Approving Sale of Pearson Property by Private Sale and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith
Filed December 7, 2005

Notice of Second Continuance of Receiver’s Motion for Order:
(1) Determining that Techniglove International, Inc. is Property of the Receivership Estate;
(2) Authorizing and Directing the Receiver to Assume Management and Control of Techniglove; and
(3) Requiring that the Management of Techniglove Turn Over All Real and Personal Property Held By or for the Benefit of Techniglove, Inc.;
Order Theron

Filed November 23, 2005

Order Granting Motion for Order:
(1) Approving Receiver's Plan for Initial Distribution on Allowed Investor Claims;
(2) Disallowing Claim of Clarence Morris as Priority Claim;
(3) Determining Amount of Allowed Claim of Peter and Heike Stadler; and
(4) Authorizing Reserve of Funds Without Distribution on Account of Non-Investor Creditor Claims;

Filed November 17, 2005

Notice of Hearing on Receiver’s Motion for Order Approving Sale of Pearson Property by Private Sale and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith
Filed November 10, 2005

Notice of Motion and Motion for Order Approving Sale of Pearson Property by Private Sale and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith; Memorandum of Points and Authorities and Declaration of Jeffrey M. Olshan in Support Thereof
(Warning -- Large pdf file)

Filed November 10, 2005

Notice of Continuance of Receiver’s Motion for Order:
(1) Determining that Techniglove International, Inc. is Property of the Receivership Estate;
(2) Authorizing and Directing the Receiver to Assume Control of Techniglove; and
(3) Requiring that the Management of Techniglove Turn Over All Real and Personal Property Held By or for the Benefit of Techniglove, Inc.;
Order Theron

Filed November 7, 2005

Notice of Motion and Motion for Order:
(1) Approving Receiver's Plan for Initial Distribution on Allowed Investor Claims;
(2) Disallowing Claim of Clarence Morris as Priority Claim;
(3) Determining Amount of Allowed Claim of Peter and Heike Stadler; and
(4) Authorizing Reserve of Funds Without Distribution on Account of Non-Investor Creditor Claims;
Declarations of Brick Kane and Gary Owen Caris in Support Thereof

Filed October 20, 2005

Notice of Motion and Motion for Order:
(1) Determining that Techniglove International Inc. is Property of the Receivership Estate;
(2) Authorizing and Directing the Receiver to Assume Management and Control of Techniglove; and
(3) Requiring that the Management of Techniglove Turn Over All Real and Personal Property Held by or for the Benefit of Techniglove, Inc.;
Memorandum of Points and Authorities and Declarations of Srinivasa Krishnan and Linda Candler in Support Thereof

Filed October 20, 2005

Order Granting Motion for Approval of Settlement Between Receiver and Quizno’s
Filed October 17, 2005

Settlement Agreement in Support of Motion for Approval of Settlement Between Receiver and Quizno’s
Filed October 17, 2005

Order Granting Motion for Order:
(1) Approving Receiver’s Report of Activities (January 1, 2005 Through June 30, 2005); and
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005

Filed September 26, 2005

Notice of and Motion and Motion for Approval of Settlement Between Receiver and Quizno’s;
Memorandum of Points and Authorities and Declaration of Robb Evans in Support Thereof

Filed September 23, 2005

Order Continuing Hearing on Motion and Motion for Order:
(1) Approving Receiver’s Report of Activities (January 1, 2005 Through June 30, 2005); and
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005

Dated August 29, 2005

Notice of Hearing on Motion and Motion for Order:
(1) Approving Receiver’s Report of Activities (January 1, 2005 Through June 30, 2005); and
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005

Filed August 26, 2005

Notice of and Motion and Motion for Order:
(1) Approving Receiver’s Report of Activities (January 1, 2005 Through June 30, 2005); and
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005

Filed August 26, 2005

Stipulation to Extend Certain Claims and Motion Deadlines under Stipulation with Chapter 7 Trustee Re: Administration of Assets, Withdrawal of Reference and Reservation of Rights over Proceeds; and
Order Thereon

Filed July 20, 2005

Order Granting Motion for Order Authorizing and Confirming Sale of Bonsall Property
Filed June 13, 2005

Order Granting Motion to Approve Settlement Agreement and Release with Thomas A. Johnson and the Alderwood Group, LLC
Filed June 13, 2005

Order Granting Motion by Receiver for Order Approving Receiver's Request to Support Settlement Agreement re: Rivien Note
Filed June 13, 2005

Final Judgement of Permanent Injunction and other Relief Against Defendant Daniel William Heath
Filed May 24, 2005

Notice of Motion and Motion for Order Authorizing and Confirming Sale of Bonsall Property;
Memorandum of Points and Authorities and Declaration of Jeffrey M. Olshan in Support Thereof

Filed May 20, 2005

Notice of Motion and Motion to Approve Settlement Agreement and Release with Thomas A. Johnson and the Alderwood Group, LLC;
Memorandum of Points and Authorities and Declaration of Kenton Johnson in Support Thereof

Filed May 20, 2005

Notice of Motion and Motion and Motion by Receiver for Order Approving Receiver's Request to Support Settlement Agreement re: Rivien Note;
Memorandum of Points and Authorities and Declaration of Kenton Johnson in Support Thereof

Filed May 20, 2005

Order Shortening Time for Filing, Service and Hearing on Motion for Order Approving Sale of Bear Manor Property by Private Sale Free and Clear of Leins and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith
Filed May 9, 2005

Motion for Order Approving Sale of Bear Manor Property by Private Sale Free and Clear of Leins and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith;
Memorandum of Points and Authorities and Declaration of Kenton Johnson in Support Thereof

Lodged May 6, 2005

Ex Parte Application for Order Shortening Time for Filing, Service and Hearing on Motion for Order Approving Sale of Bear Manor Property by Private Sale Free and Clear of Leins and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith;
Declaration of Lesley Anne Hawes in Support Thereof

Filed May 6, 2005

[Proposed] Order Granting Motion for Order Approving Sale of Bear Manor Property by Private Sale Free and Clear of Leins and for Modification of Applicable Sale Procedures of 28 U.S.C. Section 2001(b) in Connection Therewith
Filed May 6, 2005

Class Action Lawsuit
Dated April 25, 2005

Final Judgement of Permanent Injunction and other Relief Against Defendant Denis T. O'Brien
Filed March 8, 2005

Order:
(1) Approving Receiver's Report for the Period July 12, 2004 through December 31, 2004;
(2) Approving Receiver's Proposed Claims Filing and Allowance Procedures; and
(3) Granting an Order Limiting Notice Under Local Rule 66-7 in Connection with Administrative and Similar Motions Under Local Rule 66-7

Filed March 3, 2005

Order Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from July 1, 2004 through December 31, 2004
Filed March 3, 2005

Order:
(1) Approving Stipulation with Chapter 7 Trustee Re: Administration of Assets, Withdrawal of Reference and Reservation of Rights over Proceeds; and
(2) Authorizing Expansion of Receivership to Include Schlarmann Interests

Filed March 3, 2005

Order:
(1) Approving Marketing and Sale Procedures for Sale of Real Property Commonly Known as Northwoods Resort Hotel and Conference Center; and
(2) Authorizing and Confirming Sale of Northwoods Property Subject to Approved bidding Procedures

Filed February 28, 2005

Final Judgement of Disgorgement and Other Equitable and Legal Relief Against Defendants D. W. Heath & Associates, Inc., Private Capital Management, Inc, Private Collateral Management, Inc., and PCM Fixed Income Fund I, LLC
Filed February 10, 2005

Notice of Motion and Motion for Order:
(1) Approving Marketing and Sale Procedures for Sale of Real Property Commonly Known as Northwoods Resort Hotel and Conference Center; and
(2) Authorizing and Confirming Sale of Northwoods Property to Richard Wang or to an Overbidder Subject to Approved Overbidding Procedures;
Memorandum of Points and Authorities and Declaration of Jeff Olshan in Support Thereof

Dated February 4, 2005

Notice of Motion and Motion for Order:
(1) Approving Stipulation with Chapter 7 Trustee RE Administration of Assets, Withdrawal of Reference and Reservation of Rights over Proceeds; and
(2) Authorizing Expansion of Receivership to Include Schlarmann Interests;
Memorandum of Points and Authorities and Declaration of Robb Evans in Support Thereof

Dated February 3, 2005

Notice of Motion and Motion for Order:
(1) Approving Receiver's Report for the Period July 12, 2004 through December 31, 2004;
(2) Approving Receiver's Proposed Claims Filing and Allowance Procedures; and
(3) Granting an Order Limiting Notice Under Local Rule 66-7 in Connection with Administrative and Similar Motions Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declaration of Robb Evans in Support Thereof

Dated February 3, 2005

Notice of Motion and Motion for Order Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from July 1, 2004 through December 31, 2004
Declarations of Robb Evans and Gary Owen Caris in Support Thereof

Dated February 3, 2005

Notice of Hearing on Notice of Motion and Motion for Approval of Settlement Re:
Satisfaction of Loans and Transfer of Stock Interests in Direct PT Inc., Management and Business Associates, Inc. dba Restorative Health Care, National Nursing and Rehabilitation and UHC Inc. and for Modification of Notice Procedures Under Local Rule 66-7 in Connection Therewith;
Declaration of Earl Lanna in Support Thereof Pursuant to Order Shortening Time

Dated December 28, 2004

Ex Parte Application for Order Shortening Time for Filing, Service and Hearing on Motion for Approval of Settlement Re:
Satisfaction of Loans and Transfer of Stock Interests in Direct PT Inc., Management and Business Associates, Inc. dba Restorative Health Care, National Nursing and Rehabilitation and UHC Inc. and
for Modification of Notice Procedures Under Local Rule 66-7 in Connection Therewith;
Declarations of Gary Owen Caris and Rebecca E. Delany in Support Thereof

Dated December 27, 2004

Notice of Motion and Motion for Order:
(1) Approving Receiver's Reports;
(2) Approving Payment of Receiver's Expenses for the Period from May 4, 2004 through June 30, 2004; and
(3) Granting Relief from Local Rule 66-7 Pertaining to Notice to Creditors;
Memorandum of Points and Authorities in Support Thereof;
Declaration of Robb Evans and Gary Owen Caris in Support Thereof

Dated August 27, 2004

Notice of Motion and Motion by Receiver for Order Approving Settlement and Recovery of Investor Funds from the Bikeboard Company LLC and Valley of the Sun Cosmetics LLC;
Memorandum of Points and Authorities in Support Thereof;
Declaration of Robb Evans in Support Thereof

Dated August 27, 2004

Order Granting Ex Parte Application for Permission to Accept Appointment as State Court Receiver over the Assets of Daniel William Heath, Denis Timothy O'Brien, John William Heath and Larre Jaye Schlarmann
Filed July 15, 2004

Stipulation and Order Appointing a Permanent Receiver
Filed May 18, 2004

Stipulation and Preliminary Injuction and Orders:
(1) Freezing Assets;
(2) Prohibiting the Destruction of Documents;
(3) Requiring Accountings;
(4) Granting Expited Discovery; and
Order to Show Cause Re Appointment of a Permanent Receiver

Filed May 6, 2004

Stipulation and Order Appointing Robb Evans Temporary Receiver
Filed May 3, 2004

Temporary Restraining Orders:
(1) Freezing Assets;
(2) [struck];
(3) Granting Expited Discovery;
(4) Prohibiting the Destruction of Documents;
(5) Requiring Accountings; and
Order to show cause Re: Preliminary Injunction and Appointment of Permanent Receiver

Filed April 29, 2004

Order Setting Hearing on Plaintiff Securities and Exchange Commission's Application for a Temporary Receiver
Filed April 29, 2004

U. S. Securities and Exchange Commission Complaint for Violations of the Federal Securities Laws
Dated April 27, 2004

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