Robb Evans Receiver of MX Factors LLC, BBH Resources LLC and JTL Financial Group LLC
Order:
(1) Approving Final Report and Accounting;
(2) Approving Final Distribution of Receivership Assets;
(3) Approving Receivers and Professionals Fees and Expenses from August 1, 2009 Through Closing;
(4) Authorizing Abandonment and Destruction of Records;
(5) Discharging Receiver;
(6) Relieving Receiver of All Duties and Liabilities;
(7) Authorizing the Turnover of Any Remaining Funds After the Final Distribution to the Securities and Exchange Commission; and
(8) Approving the Receivers Settlement with Settling Judgment Debtors
Filed September 29, 2011
Notice of Hearing on Receiver's Motion for Order:
(1) Approving Final Report and Accounting;
(2) Approving Final Distribution of Receivership Assets;
(3) Approving Receivers and Professionals Fees and Expenses from August 1, 2009 Through Closing;
(4) Authorizing Abandonment and Destruction of Records;
(5) Discharging Receiver;
(6) Relieving Receiver of All Duties and Liabilities;
(7) Authorizing the Turnover of Any Remaining Funds After the Final Distribution to the Securities and Exchange Commission; and
(8) Approving the Receivers Settlement with Settling Judgment Debtors
Filed July 29, 2011
Notice of Motion and Motion for Order:
(1) Approving Final Report and Accounting;
(2) Approving Final Distribution of Receivership Assets;
(3) Approving Receivers and Professionals Fees and Expenses from August 1, 2009 Through Closing;
(4) Authorizing Abandonment and Destruction of Records;
(5) Discharging Receiver;
(6) Relieving Receiver of All Duties and Liabilities;
(7) Authorizing the Turnover of Any Remaining Funds After the Final Distribution to the Securities and Exchange Commission; and
(8) Approving the Receivers Settlement with Settling Judgment Debtors
Memorandum of Points and Authorities; Declaration of Gary Owen Caris in Support Thereof Declaration of Brick Kane in Support Thereof
Filed July 29, 2011
Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from August 1, 2008 Through July 31, 2009; and
(2) Limiting Notice Under Local Rule 66-7
Filed January 19, 2010
Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from August 1, 2008 Through July 31, 2009; and
(2) Limiting Notice Under Local Rule 66-7
Filed September 29, 2009
Notice of Motion and Motion for Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from August 1, 2008 Through July 31, 2009; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities; Declaration of Gary Owen Caris in Support Thereof
Declaration of Brick Kane in Support Thereof
Filed September 25, 2009
Notice of Motion and Motion for Order:
(1) Approving and Authorizing Sale of Judgments by Auction, Modifying Sale Procedures of 28 U.S.C. Sections 2001 and 2008 in Connection Therewith and for Other Related Relief; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declaration of Gary Owen Caris in Support Thereof
Filed August 31, 2009
Order:
(1) Approving Second Distribution on Approved Investor and Creditor Claims; and
(2) Limiting Notice Under Local Rule 66-7
Filed March 31, 2009
Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from October 1, 2007 Through July 31, 2008; and
(2) Limiting Notice Under Local Rule 66-7
Filed March 25, 2009
Notice of Motion and Motion for Order:
(1) Approving Second Distribution on Approved Investor and Creditor Claims; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities in Support Thereof
Declaration of Brick Kane in Support Thereof
Filed October 3, 2008
Notice of Motion and Motion for Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from October 1, 2007 Through July 31, 2008; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declaration of Gary Owen Caris in Support Thereof Declaration of Brick Kane in Support Thereof
Filed October 3, 2008
Order Granting Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees; and
(2) Limiting Notice Under Local Rule 66-7 Notice Off Calendar
Filed December 5, 2007
Minute Order:
Granting Motion for Order Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses or the Period from April 1, 2007 Through September 30, 2007
Filed December 5, 2007
Notice of Motion and Motion for Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from April 1, 2007 Through September 30, 2007; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declarations of Kenton Johnson and Gary Owen Caris in Support Thereof
Filed November 13, 2007
Minute Order:
Taking Motion for Order Approving Receivers Settlements and Limiting Notice Off Calendar
Dated October 22, 2007
Notice of Motion and Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees; and
(2) Limiting Notice Under Local Rule 66-7; Memorandum of Points and Authorities; Declarations of Brick Kane in Support Thereof
Filed October 12, 2007
Notice of Motion and Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declarations of Brick Kane in Support Thereof
Filed August 22, 2007
Order Granting:
(1) Motion for Order Approving Receiver's Settlements with Fraudulent Transferees and Limiting Notice; and
(2) Motion for Order Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period October 1, 2006 Through March 31, 2007 and Limiting Notice Under Local Rule 66-7
Filed July 31, 2007
Notice of Motion and Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declarations of Kenton Johnson in Support Thereof
Filed June 4, 2007
Notice of Motion and Motion for Order:
(1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses for the Period from October 1, 2006 Through March 31, 2007; and
(2) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declarations of Kenton Johnson and Gary Owen Caris in Support Thereof
Filed June 4, 2007
Notice of Motion and Motion for Instructions:
Regarding Certain Litigation Claims and for Approval of Certain Compromises and for Order Limiting Notice Under Local Rule 66-7;
Receivers Litigation Status Report;
Memorandum of Points and Authorities;
Declarations of Brick Kane and Gary Owen Caris in Support Thereof
Filed January 25, 2007
Order after Hearing Granting Motion for Order:
(1) Approving Proposed Initial Distribution on Approved Investor and Creditor Claims;
(2) Determining Disputed Investor Claims (Gerald Brown, Val Darnell/Magdalena Indrei, Shirley Eagler, Leroy and Geraldine Muzzy, and Edgar and Ileene Harwig); and
(3) Approving Compromise of Claims of Creditors (Tri-City, Branham and Edge)
Filed December 6, 2006
Order Granting Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees;
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses for the Period From May 1, 2006 Through September 30, 2006; and
(3) Limiting Notice Under Local Rule 66-7
Filed December 4, 2006
Minute Order on Courts own Motion that Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees;
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses for the Period From May 1, 2006 Through September 30, 2006; and
(3) Limiting Notice Under Local Rule 66-7;
Filed 11/13/06 set for December 4, 2006 at 10:00 a.m. is hereby continued to December 4, 2006 at 10:00 a.m
Filed November 22, 2006
Notice of Motion and Motion for Order:
(1) Approving Receiver's Settlements with Fraudulent Transferees;
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses for the Period From May 1, 2006 Through September 30, 2006; and
(3) Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declarations of Brick Kane and Gary Owen Caris in Support Thereof
Filed November 13, 2006
Stipulation Resolving Motion for Order:
(1) Determining that Funds in Deposit Account of Engeldinger Family Trust of 1999 Constitute Receivership Property; and
(2) Authorizing and Directing Provident Savings Bank to Turn Over the Balance of Engeldinger Family Trust of 1999 Deposit Account to the Receiver
Filed August 22, 2006
Stipulation Continuing Motion for Order:
(1) Determining that Funds in Deposit Account of Engeldinger Family Trust of 1999 Constitute Receivership Property; and
(2) Authorizing and Directing Provident Savings Bank to Turn Over the Balance of Engeldinger Family Trust of 1999 Deposit Account to the Receiver
Filed June 9, 2006
Order:
Final Judgment Against Defendants Daniel Berardi, Thomas Hawkesworth and Randal W. Harding Ordering Disgorgement, Prejudgment Interest and Civil Penalties
Filed June 5, 2006
Order:
Granting Plaintiff's Motion for Summary Judgment
Filed May 15, 2006
Order Granting Receiver's Motion for Order:
(1) Approving Proposed Initial Distribution on Approved Investor and Creditor Claims;
(2) Determining Disputed Investor Claims; and
(3) Approving Compromise of Claims of Creditors
Filed February 21, 2006
Order:
(1) Approving Receiver's Report Dated September 9, 2005;
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses for the Period From July 1, 2005 Through November 30, 2005;
(3) Granting Receiver Leave to Sue for Overpayments and Commissions; and
(4) Limiting Notice Under Local Rule 66-7
Filed February 16, 2006
Order:
Authorizing Permanent Receiver to Enforce Judgment Against Richard M. Harkless
Filed February 6, 2006
Amended:
Final Judgment Against Richard M. Harkless
Filed February 6, 2006
Order:
Granting Application by Plaintiff Securities and Exchange Commission for Judgment by Default Against Defendants MX Factors, LLC, BBH Resources, LLC and JTL Financial Group, LLC
Filed February 6, 2006
Notice of Motion and Motion for Omnibus Order:
(1) Approving Receiver's Report Dated September 9, 2005;
(2) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses for the Period From July 1, 2005 Through November 30, 2005;
(3) Granting Receiver Leave to Sue for Overpayments and Commissions; and
(4) Order Limiting Notice Under Local Rule 66-7;
Memorandum of Points and Authorities;
Declarations of Robb Evans and Gary Owen Caris in Support Thereof
Filed January 23, 2006
Notice of Motion and Motion for Order:
(1) Determining that Funds in Deposit Account of Engeldinger Family Trust of 1999 Constitute Receivership Property; and
(2) Authorizing and Directing Provident Savings Bank to Turn Over the Balance of Engeldinger Family Trust of 1999 Deposit Account to the Receiver;
Memorandum of Points and Authorities;
Declaration of Brick Kane in Support Thereof
Filed January 23, 2006
Order:
Granting Motion by Plaintiff Securities and Exchange Commission for Summary Judgment Against Richard M. Harkless
Filed November 15, 2005
Final Judgement
Against Defendant Richard M. Harkless
Filed November 15, 2005
Notice of Hearing on Receiver's Motion for Order:
(1) Approving Proposed Initial Distribution on Approved Investor and Creditor Claims;
(2) Determining Disputed Investor Claims (Gerald Brown, Val Darnell/Magdalena Indrei, Shirley Eagler, Leroy and Geraldine Muzzy, and Edgar and Ileene Harwig); and
(3) Approving Compromise of Claims of Creditors (Tri-City, Branham and Edge)
Filed November 10, 2005
Notice of Motion and Motion for Order:(1) Approving Proposed Initial Distribution on Approved Investor and Creditor Claims;
(2) Determining Disputed Investor Claims (Gerald Brown, Val Darnell/Magdalena Indrei, Shirley Eagler, Leroy and Geraldine Muzzy, and Edgar and Ileene Harwig); and
(3) Approving Compromise of Claims of Creditors (Tri-City, Branham and Edge);
Memorandum of Points and Authorities;
Declarations of Brick Kane and Gary Owen Caris in Support Thereof
Filed November 10, 2005
Minute Order:
Granting Plaintiff's Motion for Summary Judgment Against Richard M. Harkless
Dated October 3, 2005
Order:
Approving Payment of Receivers and Professionals Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005
Filed September 13, 2005
Order:
Approving Sale of 3628 Larchwood Place, Riverside, California Property by Private Sale
Filed September 9, 2005
Civil Minute Order Re:
Receiver's Motions for Orders are appropriate for resolution without hearing
Dated September 1, 2005
Order Granting Motion:
for Order Determining that $36,252.00 Refund Due to Traffic Vendors, LLC from Whenu.com is Property of the Receivership Estate and Directing Escrow Holder to Pay Such Sum to Receiver
Filed August 23, 2005
[Proposed] Order Granting Motion:
for Order Approving Sale of 3628 Larchwood Place, Riverside, California Property by Private Sale
Lodged August 18, 2005
Notice of Motion and Motion for Order:
Approving Sale of 3628 Larchwood Place, Riverside, California 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
Filed August 18, 2005
Notice of Hearings on Motions by Receiver Re:
(1) Motion for Order Approving Payment of Receivers and Professionals Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005; and
(2) Motion for Order Approving Sale of 3628 Larchwood Place, Riverside, California Property
Dated August 15, 2005
Notice of Motion and Motion for Order:
Approving Payment of Receivers and Professionals Fees and Expenses for the Period from January 1, 2005 Through June 30, 2005;
Memorandum of Points and Authorities;Declarations of Robb Evans and Gary Owen Caris in Support Thereof
Filed August 12, 2005
[Proposed] Order Granting Motion:
For Order Determining that $36,252.00 Refund Due to Traffic Vendors, LLC from Whenu.com is Property of the Receivership Estate and Directing Escrow Holder to Pay Such Sum to Receiver
Lodged August 1, 2005
Notice of Motion and Motion for Order Determining:
That $36,252.00 Refund Due to Traffic Vendors, LLC from Whenu.com is Property of the Receivership Estate and Directing Escrow Holder to Pay Such Sum to Receiver;
Memorandum of Points and Authorities;
Declaration of Jeffrey M. Olshan in Support Thereof and Declaration of Robert E. Stenson in Support Thereof
Filed August 1, 2005
Request for Judicial Notice in Support of Motion for Order
Determining that $36,252.00 Refund Due to Traffic Vendors, LLC from Whenu.com is Property of the Receivership Estate and Directing Escrow Holder to Pay Such Sum to Receiver
Filed August 1, 2005
Civil Minute Order Re:Plaintiff Securities and Exchange Commission'sMotion to compel Deposition of Defendant Richard M. Harkless
Dated July 11, 2005
Plaintiff Securities and Exchange Commission'sNotice of Motion and Motion to compel Deposition of Defendant Richard M. Harkless
Dated June 15, 2005
Order Approving:
(1) Sale of Equity Interest in Hellbound Steel, LLC and Modifying Sale Procedures of 28 U.S.C. Sections 2001 and 2004 in Connection Therewith;
(2) Sale of Equity Interest in American Made, Inc., and Modifying Sale Procedures of 28 U.S.C. Sections 2001 and 2004 in Connection Therewith; and
(3) Granting Relief from Local Rule 66-7
Dated April 29, 2005
Notice of Motion and Motion for Order Approving:
(1) Sale of Equity Interest in Hellbound Steel, LLC and Modifying Sale Procedures of 28 U.S.C. Sections 2001 and 2004 in Connection Therewith;
(2) Sale of Equity Interest in American Made, Inc., and Modifying Sale Procedures of 28 U.S.C. Sections 2001 and 2004 in Connection Therewith; and
(3) Granting Relief from Local Rule 66-7;
Memorandum of Points and Authorities and Declaration of M. Val Miller thereof
Filed April 1, 2005
Order Granting Motion for Order:
Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from October 1, 2004 Through December 31, 2004
Dated March 10, 2005
Order Granting Motion for Order:
(1) Approving Receiver's Report Dated January 18, 2005; and
(2) Approving Receiver's Proposed Claims Filing and Allowance Procedures
Dated March 10, 2005
Notice of Motion and Motion for Order:
(1) Determining that Property at 3628 Larchwood Place, Riverside, California is the Property of the Receivership Estate;
(2) Requiring Jalyn Investments, LLC and its Members to Turn Over Possession and Control of the Larchwood Property; and
(3) Authorizing the Receiver to Sell the Larchwood Property;
Memorandum of Points and Authorities;
Declaration of Kenton Johnson in Support Thereof;
Request for Judicial Notice Filed Concurrently Herewith
Filed February 11, 2005
Request for Judicial Notice in Support of Motion for Order:
(1) Determining that Property at 3628 Larchwood Place, Riverside, California is the Property of the Receivership Estate;
(2) Requiring Jalyn Investments, LLC and its Members to Turn Over Possession and Control of the Larchwood Property; and
(3) Authorizing the Receiver to Sell the Larchwood Property
Filed February 11, 2005
Notice of Motion and Motion for Order:
(1) Approving Receiver's Report Dated January 18, 2005; and
(2) Approving Receiver's Proposed Claims Filing and Allowance Procedures;
Memorandum of Points and Authorities;
Declaration of Brick Kane in Support Thereof
Filed February 11, 2005
Notice of Motion and Motion for Order:
Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from October 1, 2004 Through December 31, 2004;
Memorandum of Points and Authorities; Declaration of Robb Evans and Gary Owen Caris in Support Thereof
Filed February 11, 2005
Notice of Motion and Motion for Order:
(1) Authorizing Sale of Personal Property of the Estate Free and Clear of Liens;
(2) Approving Procedure for Limited Notice Thereof;
(3) For Modification of Sale Procedures of 28 U.S.C. §§ 2001 and 2004 in Connection Therewith; Memorandum of Points and Authorities; Declaration of Kenton Johnson in Support Thereof
Filed November 29, 2004
Notice of Motion and Motion for Order:
Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from June 1, 2004 Through September 30, 2004; and
Approving Procedure for Limited Notice Thereof; Memorandum of Points and Authorities; Declaration of Robb Evans in Support Thereof
Filed November 29, 2004
Minute Order:
(1) Granting Motion of Receiver for Order Re Deposit of Funds Held in Trust Account;
(2) Granting Receiver's Motion for Order Determining Distribution of Sales Proceeds from Sale of Property at 3065 Garretson Avenue, Corona, CA (in Chambers)
Dated July 20, 2004
Notice of Motion and Motion for Order:
(1) Approving First Two Receiver's Reports;
(2) Approving Payment of Receiver's and Professionals' Fees and Expenses for the Period from February 26, 2004 Through May 31, 2004; and
(3) Approving Procedure for Limited Notice Thereof; Memorandum of Points and Authorities; Declaration of Robb Evans in Support Thereof
Filed July 23, 2004
Order of Civil Contempt against Defendant Richard M. Harkless; Order that Richard M. Harkless Surrender his Passport(s)
Dated July 20, 2004
Order to Show Cause Re: Civil Contempt Against Defendant Richard M. Harkless
Dated July 2, 2004
Plaintiff Securities and Exchange Commission's Ex Parte Application for Order to Show Cause Re: Civil Contempt Against Defendant Richard M. Harkless
Dated June 24, 2004
Judgement of Permanent Injunction and Other Relief against Defendants Daniel J. Berardi, Jr. and Thomas Hawkesworth
Filed June 10, 2004
Preliminary Injunction and Orders:
(1) Freezing Assets;
(1) Appointing a Permanent Receiver;
(1) Repatriating Assets;
(2) Prohibiting the Destruction of Documents; and
(3) Requiring Accountings against Defendants MX Factors, LLC and Richard M. Harkless
Dated March 8, 2004
Complaint for the Violations of Federal Securities Laws
Dated February 25,2004