Baek et al v. Halvorson et al

Filing 12

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/09/15 ORDERING that all proceedings in this action are STAYED pending the resolution of the Bankruptcy Proceedings, or until the Court lifts the stay; all dates and deadlines currently pending in the action are VACATED. The Court will hold a new Status Conference after resolution of the Bankruptcy Proceedings until the Court lifts the stay. Case stayed (Benson, A)

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MILLER NASH GRAHAM & DUNN LLP
Phillip Allan Trajan Perez, Bar No. 234030
[e-mail]
100 Oceangate, Suite 300
Long Beach, California 90802
Telephone:
562.435.8002
Facsimile:
562.435.7967
Attorneys for Plaintiffs
RICHARD BAEK, an individual, BAEK 153, LLC,
an Oregon Limited Liability Company, and
PACIFIC COMMERCIAL GROUP, LLC, an
Oregon Limited Liability Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD BAEK, an individual, BAEK
153, LLC, an Oregon Limited Liability
Company, and PACIFIC COMMERCIAL
GROUP, LLC, an Oregon Limited
Liability Company,

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Case No. 2:15-CV-01425-WBS-DAD
JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY PENDING
RESOLUTION OF BANKRUPTCY
PROCEEDINGS

Plaintiff,

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v.

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JOHN O. HALVORSON, an individual,
DAN L. HALVORSON, an individual, and
JERRY ANN RANDALL, individually and
as trustee of the JERRY ANN RANDALL
TRUST dated July 30, 2007, PCC FUND
1, LLC, a California Limited Liability
Company, GRANITE BAY PARTNERS
II, LLC, a Delaware Limited Liability
Company, JH RE HOLDINGS, LLC, a
Delaware Limited Liability Company,
COMMERCIAL INCOME ADVISORS,
INC., a California Corporation, JOHN
DOES 1 THROUGH 5,

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Defendants.

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Plaintiffs Richard Baek, Baek 153, LLC, and Pacific Commercial Group, LLC and

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Defendants Dan L. Halvorson and Jerry Ann Randall hereby stipulate, through their respective

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counsel, as follows:

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M ILLER N ASH
G RAHAM & D UNN
LLP

70054563.1

ATTO RNEY S AT LAW
LONG BEA CH

JOINT STIPULATION TO STAY AND [PROPOSED] ORDER

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WHEREAS, on July 2, 2015, Plaintiffs Richard Baek, Baek 153, LLC, and Pacific
Commercial Group, LLC (collectively referred to herein as “Plaintiffs”) filed a Complaint against
defendants John O. Halvorson (referred to herein as “Defendant J. Halvorson”), Dan L.
Halvorson (referred to herein as “Defendant D. Halvorson”), and Jerry Ann Randall (referred to
herein as “Defendant Randall”) alleging causes of action for intentional fraudulent transfer,
constructive fraudulent transfer, common law fraudulent conveyance, conspiracy to commit
fraudulent conveyance, aiding and abetting fraudulent conveyance, constructive trust, and
resulting trust;
WHEREAS, Defendant J. Halvorson was served with the Complaint on July 7, 2015;
WHEREAS, Plaintiffs filed a First Amended Complaint as a matter of right on July 13,
2015 naming Defendant J. Halvorson’s companies as defendants, PCC Fund 1, LLC, Granite Bay
Partners II, LLC, JH Re Holdings, LLC, and Commercial Income Advisors, Inc., and alleging
causes of action against said defendants;
WHEREAS, on July 16, 2015 Defendant J. Halvorson filed a Voluntary Petition under
Chapter 7 of the United States Bankruptcy Code (referred to herein as the “Bankruptcy
Proceedings”). Defendant J. Halvorson subsequently filed in the above-entitled Court a Notice of
Bankruptcy Filing and Notice of Automatic Stay (Dkt. #7), and consequently, all of Plaintiff’s
claims against Defendant J. Halvorson are stayed pursuant to 11 U.S.C. § 362(a);
WHEREAS, Defendants D. Halvorson and Randall were served with the First Amended
Complaint on July 20, 2015;
WHEREAS Defendants D. Halvorson and Randall are the only parties who have appeared
in the instant action (Dkt. #8, Answer);
WHEREAS, Plaintiffs and Defendants D. Halvorson and Randall were required to meet
and confer pursuant to Federal Rule of Civil Procedure 26 prior to the Status (Pretrial Scheduling)
Conference set by the above-entitled Court;
WHEREAS, during the meet and confer process, it became clear that a stay of this action
in its entirety is appropriate because Plaintiffs’ claims against Defendants D. Halvorson and

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTO RNEY S AT LAW
LONG BEA CH

70054563.1

-2JOINT STIPULATION TO STAY AND [PROPOSED] ORDER

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Randall are closely related to the stayed claims against Defendant J. Halvorson, and it is possible
that many of Plaintiffs’ claims against Defendants D. Halvorson and Randall will be resolved in
the Bankruptcy Proceedings, and the form of any remaining claims will depend heavily upon the
resolution of the Bankruptcy Proceedings;
WHEREAS, the parties recognize that, in the interest of judicial economy and to avoid
potential inconsistent results between the Bankruptcy Proceedings and the instant action as to the
interrelated claims, a stay of this action pending the Bankruptcy Proceedings is appropriate.
NOW, THEREFORE, IT IS HEREBY STIPULATED BY THE UNDERSIGNED THAT:
1.

All proceedings in this action in the above-entitled Court are stayed effective

immediately, pending resolution of the Bankruptcy Proceedings or until any party successfully
moves the above-entitled Court to lift the stay, whichever occurs first.
2.

All pending hearing dates and deadlines, including those set forth in the Order Re:

Status (Pretrial Scheduling) Conference, are vacated.
3.

The parties shall file a joint report setting forth a new proposed schedule for this

action within fourteen (14) days after the Bankruptcy Proceedings are resolved or until any party
obtains a lift of the stay from the above-entitled Court.
IT IS SO STIPULATED.

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[Signatures on following page]

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTO RNEY S AT LAW
LONG BEA CH

70054563.1

-3JOINT STIPULATION TO STAY AND [PROPOSED] ORDER

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Dated: October 9, 2015

MILLER NASH GRAHAM & DUNN LLP

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By:

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Dated: October 9, 2015

/s/ Phillip Allan Trajan Perez, Esquire
Phillip Allan Trajan Perez
Attorneys for Plaintiffs
RICHARD BAEK, an individual, BAEK
153, LLC, an Oregon Limited Liability
Company, and PACIFIC COMMERCIAL
GROUP, LLC, an Oregon Limited
Liability Company

THE CABRERA FIRM, APC

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By:

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/s/ Guillermo Cabrera, Esquire
Guillermo Cabrera
Attorneys for Defendants
DAN L. HALVORSON and JERRY ANN
RANDALL

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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTO RNEY S AT LAW
LONG BEA CH

70054563.1

-4JOINT STIPULATION TO STAY AND [PROPOSED] ORDER

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ORDER
Based upon the foregoing stipulation of the parties to stay this action, and good cause

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appearing,

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IT IS ORDERED THAT:

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1.

All proceedings in this action are hereby STAYED completely and in their

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entirety pending the resolution of the Bankruptcy Proceedings, or until the Court lifts the stay

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upon motion by any party, whichever occurs first; and
2.

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All dates and deadlines currently pending in the action, including but not limited to

those set forth in the Order Re: Status (Pretrial Scheduling) Conference, are hereby VACATED;
and
3.

The Court will hold a new Status (Pretrial Scheduling) Conference after resolution

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of the Bankruptcy Proceedings or until the Court lifts the stay upon motion by any party,

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whichever occurs first, at which time a new schedule of dates and deadlines will be formulated.

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IT IS SO ORDERED.

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Dated: October 9, 2015
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M ILLER N ASH
G RAHAM & D UNN
LLP
ATTO RNEY S AT LAW
LONG BEA CH

70054563.1

-5JOINT STIPULATION TO STAY AND [PROPOSED] ORDER