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 Receivers 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 Receivers 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 Receivers 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 Receivers 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 Receivers 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 Heaths 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 Heaths 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 Receivers 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 Receivers 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 Receivers 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 Quiznos
Filed October 17, 2005
Settlement Agreement in Support of Motion for Approval of Settlement Between Receiver and Quiznos
Filed October 17, 2005
Order Granting Motion for Order:
(1) Approving Receivers 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 Quiznos;
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 Receivers 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 Receivers 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 Receivers 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
