David A. Gill v. Michael G. Kaplan

Filing 22

ORDER (1) FOR DISMISSAL OF ACTION WITH PREJUDICE; AND (2) FOR WITHDRAWAL OF PROOFS OF CLAIM by Judge Manuel L. Real re Stipulation to Dismiss Case 21 Case Terminated. Made JS-6. (im)

1 GEORGE E. SCHULMAN (State Bar No. 064572)

[e-mail]

2 KATHY BAZOIAN PHELPS (State Bar No. 155564)

[e-mail]

3 MICHAEL G. D'ALBA (State Bar No. 264403)

[e-mail]

4 DANNING, GILL, DIAMOND & KOLLITZ, LLP

J S -6

1900 Avenue of the Stars, 11th Floor

5 Los Angeles, California 90067-4402

Telephone: [phone]

6 Facsimile: [phone]

7 Attorneys for David A. Gill, Receiver
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 DAVID A. GILL, solely in his capacity as )

Permanent Receiver in the matter of
12 Securities and Exchange Commission vs.
Diversified Lending Group, Inc.; Applied
13 Equities, Inc.; Bruce Friedman and Tina
M. Placourakis, U.S.D.C. Case No.
14 CV 09-01533-R-SS,
Plaintiff,

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vs.

17 MICHAEL G. KAPLAN, an individual,

Defendant.

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Case No. 2:10-CV-06549 R (SSx)
ORDER (1) FOR DISMISSAL OF
ACTION WITH PREJUDICE;
AND (2) FOR WITHDRAWAL OF
PROOFS OF CLAIM

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The Court having considered the Stipulation by and between the Receiver and
Michael G. Kaplan (1) for Dismissal of Action with Prejudice; and (2) for
Withdrawal of Proofs of Claim, and good cause appearing,
IT IS ORDERED THAT
1.

The complaint in the above-entitled action is dismissed with prejudice.

2.

Any proofs of claim filed by Michael G. Kaplan dba Voir Dire Partners;

Michael G. Kaplan dba Michael G. Kaplan & Associates; Michael G. Kaplan dba
Kaplan Abraham Burkert & Co.; Michael G. Kaplan; Dina Kaplan; and Brandon

514433.1 25176A

1 Kaplan, by and through his parents and guardians, are deemed to have been
2 withdrawn.
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3.

All hearings and deadlines currently set in the above-entitled action are

4 hereby vacated.
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6 DATED: DEC. 7, 2011

___________________________________

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UNITED STATES DISTRICT JUDGE

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-2514433.1 25176A

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PROOF OF SERVICE
I, Cheryl Caldwell, declare:

I am employed by the law firm of Danning, Gill, Diamond & Kollitz, LLP, in
the County of Los Angeles, State of California. I am employed in the office of a
4 member of the bar of this court at whose direction the service was made. I am over
the age of 18 years and am not a party to the within action. My business address is
5 1900 Avenue of the Stars, 11th Floor, Los Angeles, California 90067-4402.
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On December 7, 2011, I served the following document(s): [PROPOSED]

7 ORDER (1) FOR DISMISSAL OF ACTION WITH PREJUDICE; AND (2)

FOR WITHDRAWAL OF PROOFS OF CLAIM on the interested parties

8 addressed as follows:

9 U.S. Mail and E-mail

Defendant
10 Michael G. Kaplan
Richard D. Burstein, Esq.
11 Ezra Brutzkus Gubner LLP
21650 Oxnard St., Ste. 500
12 Woodland Hills, CA 91367
[e-mail]

E-mail Only
John M. McCoy, III, Esq.
U.S. Securities & Exchange Commission
Office of Enforcement
5670 Wilshire Blvd., 11th Fl.
Los Angeles, CA 90036
[e-mail]

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(By Mail) I placed the document for collection and deposit in the mail. I am familiar

15 with this firm's practice for the collection and processing of correspondence for

mailing. Under that practice, the document would be placed in a sealed envelope and

16 deposited with the U.S. Postal Service on that same day with postage thereon fully
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prepaid at 1900 Avenue of the Stars, 11 Floor, Los Angeles, California 90067-4402,

17 in the ordinary course of business. The documents served were placed in sealed

envelopes and placed for collection and mailing following ordinary business

18 practices.

19 (By E-mail) Electronic transmission.
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I declare under penalty of perjury under the laws of the State of California and
of the United States of America that the foregoing is true and correct.

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Executed on December 7, 2011, at Los Angeles, California.
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Cheryl Caldwell
(Type or print name)

/s/ Cheryl Caldwell
(Signature)

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-3514433.1 25176A