Avalanche Funding, LLC v. Arif et al

Filing 142

ORDER signed by District Judge Troy L. Nunley on 9/20/21 GRANTING 141 Motion to Approve Receiver's Report; Motion to Confirm Sale; Motion to Terminate the Receivership and Motion to Release and Discharge the Receiver. (Kaminski, H)

Case 2:16-cv-02555-TLN-KJN Document 142 Filed 09/20/21 Page 1 of 3
Mary Bacon, Bar No. 283369
[e-mail]
John O’Brien (admitted Pro Hac Vice)
[e-mail]
Scott C. Sandberg (admitted Pro Hac Vice)
[e-mail]
SPENCER FANE LLP
1700 Lincoln Street, Suite 2000
Denver, Colorado 80203
Attorneys for Plaintiff
Avalanche Funding, LLC
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

AVALANCHE FUNDING, LLC, a Colorado
limited liability company;
Plaintiff,
v.
SYED M. ARIF, an individual; SYEDA
REHANA BEGUM, an individual; TIM
SWICKARD, an individual; MAPES RANCH,
INC., a California corporation; FIVE DOT
CATTLE COMPANY, a California corporation;
NORMAN F. RICE, deceased; THE TESTATE
AND INTESTATE SUCCESSORS OF
NORMAN F. RICE, DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH OR
UNDER SUCH DECEDENT, AS
REPRESENTED BY THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF
NORMAN F. RICE; GLORIA RICE, deceased;
THE TESTATE AND INTESTATE
SUCCESSORS OF GLORIA RICE,
DECEASED, AND ALL PERSONS
CLAIMING BY, THROUGH OR UNDER
SUCH DECEDENT, AS REPRESENTED BY
THE PERSONAL REPRESENTATIVE OF
THE ESTATE OF GLORIA RICE; RICE 1997
FAMILY TRUST; GLORIA M. RICE,
TRUSTEE OF THE RICE 1997 FAMILY
TRUST; NORMAN RICE ENTERPRISES,
INC., a Nevada corporation; MATTHEW G.
HUNTLEY A/K/A MATTHEW GRANT
HUNTLEY, an individual; MICHON
HUNTLEY, an individual; RAMONA

Case No. 2:16-CV-02555-TLN-KJN
ORDER GRANTING (1) MOTION TO
APPROVE RECEIVER’S REPORT;
(2) MOTION TO CONFIRM SALE; (3)
MOTION TO TERMINATE THE
RECEIVERSHIP; AND (4) MOTION
TO RELEASE AND DISCHARGE THE
RECEIVER
Ctrm: 2
Judge: Hon. Troy L. Nunley

Case 2:16-cv-02555-TLN-KJN Document 142 Filed 09/20/21 Page 2 of 3
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1700 LINCOLN STREET, SUITE 2000
DENVER, COLORADO 80203
TELEPHONE: [phone]
FACSIMILE: 303-839-3838

SPENCER FANE LLP

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STONEBARGER, deceased; THE TESTATE
AND INTESTATE SUCCESSORS OF
RAMONA STONEBARGER, DECEASED,
AND ALL PERSONS CLAIMING BY,
THROUGH OR UNDER SUCH DECEDENT,
AS REPRESENTED BY THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF
RAMONA STONEBARGER; ART
KOFFINKE, deceased; THE TESTATE AND
INTESTATE SUCCESSORS OF ART
KOFFINKE, DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH OR
UNDER SUCH DECEDENT, AS
REPRESENTED BY THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ART KOFFINKE; LARRY CAMPBELL,
deceased; THE TESTATE AND INTESTATE
SUCCESSORS OF LARRY CAMPBELL,
DECEASED, AND ALL PERSONS
CLAIMING BY, THROUGH OR UNDER
SUCH DECEDENT, AS REPRESENTED BY
THE PERSONAL REPRESENTATIVE OF
THE ESTATE OF LARRY CAMPBELL;
HANSON CATTLE COMPANY, purported
corporation of likely Nevada domicile;
HANSEN CATTLE COMPANY, a Nevada
corporation; NORTH AMERICAN
TECHNICAL TRADING CO., INC., an Illinois
corporation; A TRUSTEE OF AN UNNAMED
TRUST TO BE ESTABLISHED
REFERENCED IN A NOTICE RECORDED
ON FEBRUARY 11, 1997 IN VOLUME 660
AT PAGE 559; CHICAGO TITLE COMPANY
in its capacity as Trustee under a Deed of Trust
Recording Number 2008-04633 of Official
Records, Lassen County; ALL PERSONS
UNKNOWN CLAIMING ONLY LEGAL OR
EQUITABLE RIGHT, TITLE INTEREST OR
CLOUD ON PLAINTIFF’S INTEREST IN
PROPERTY; and DOES 1 – 50
Defendants
Upon the (1) Motion To Approve Receiver’s Report; (2) Motion to Confirm Sale;
(3) Motion To Terminate The Receivership; and (4) Motion To Release And Discharge The
Receiver filed by Avalanche Funding, LLC, and upon good grounds appearing therefor this Court
orders as follows:
IT IS HEREBY ORDERED that the motions are granted.
IT IS FURTHER ORDERED as follows:

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Case 2:16-cv-02555-TLN-KJN Document 142 Filed 09/20/21 Page 3 of 3
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(a)

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Receiver is relieved from filing any additional reports with the Court;
(b)

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That the Receiver’s Report is accepted and approved as filed and the

That the Receiver is relieved, discharged, and released from any further
responsibility for any property over which he has been appointed;

(c)

That Tom Morrow be and hereby is and shall stand discharged as Receiver,

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and that he and his surety shall be, and hereby are discharged, relieved,

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released and exonerated from any liability or acts occurring prior to or

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subsequent to his discharge, said discharge and release to be effective

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without further application of this court;

1700 LINCOLN STREET, SUITE 2000
DENVER, COLORADO 80203
TELEPHONE: [phone]
FACSIMILE: 303-839-3838

SPENCER FANE LLP

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(d)

That the Receivership is hereby terminated;

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(e)

That the Receiver has no further responsibility to keep or maintain any

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records after December 31, 2023 and that the Receiver may destroy all of his

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records after December 31, 2023;

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(f)

That persons or parties requesting information or services from the Receiver

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after his discharge shall make their own arrangements for compensating the

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Receiver, and the Receiver shall have no further responsibility to provide

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information or services with or without compensation; and

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(g)

that the sale made by the Receiver with respect to the Property on September
9, 2021 and all of the proceedings in all respects are hereby approved and

confirmed.
Dated this 20th day of September, 2021.

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Troy L. Nunley
United States District Judge

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