All Points Capital Corp. v. Arhitectural Metal Products, Inc. et al

Filing 41

ORDER modifying the court's June 30 order and directing the clerk to terminate all motions and close the file. (Attachments: # 1 Form of Judgment)(vrwlc2, COURT STAFF) (Filed on 11/5/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALL POINTS CAPITAL CORP, Plaintiff, v ARCHITECTURAL METAL PRODUCTS, INC, PACIFIC ROLLFORMING, LLC, RIDGETOP HAWAII, INC, RIDGETOP ROOFING AND GUTTER, INC, ROBERT OLLMAN, BORIS GOKHMAN, VLADIMIR SHUK and TODD BEASLEY Defendants. / Plaintiff All Points Capital Corporation filed this action on September 19, 2008. Doc #1. On November 11, 2008, No C-08-04394 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

plaintiff filed proof of service on seven of the eight defendants listed in the complaint: Boris Gokhman, Vladimir Shuk, Todd Beasley, Ridgetop Hawaii, Pacific Rollforming LLC, Architectural Metal Products and Ridgetop Roofing and Gutter. Doc ## 10-16.

Plaintiff has not filed proof of service on defendant Robert Ollman. Plaintiff moved for summary judgment or alternatively for summary adjudication on April 10, 2009. Doc #31. Defendants did

not file a memorandum in opposition or a statement of nonopposition

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

to plaintiff's motion by the applicable deadline. On May 18, the court ordered defendants to respond to plaintiff's motion not later than May 28. Doc #34. The court

informed defendants that failure to comply with the court's May 18 order would be deemed grounds to grant plaintiff's motion. After

defendants failed to comply with the May 18 order, the court granted summary judgment on June 30 against all defendants served: Architectural Metal Products, Inc, Pacific Rollforming, LLC, Ridgetop Hawaii, Inc, Ridgetop Roofing and Gutter, Inc, Boris Gokhman, Vladimir Shuk and Todd Beasley. Doc #36.

On July 14, plaintiff moved for leave to file a motion to modify the order granting summary judgment to include a turnover of collateral. Doc #37. At that time, plaintiff advised the court

that an involuntary bankruptcy petition was filed on April 16, 2009 against defendant Pacific Rollforming, LLC. On September 11, the court ordered defendants to respond to plaintiff's motion on or before September 24. Doc #38. If

defendants failed to do so, the court stated that a stay would issue as to the Pacific Rollforming bankruptcy proceeding. Id.

On October 14, plaintiff's counsel filed a letter with the court indicating that the bankruptcy proceeding has been dismissed. Doc #39. Accordingly, plaintiff's request that the

court enter judgment against all parties pursuant to the court's order of June 30, 2009 is GRANTED. In light of the conclusion of the bankruptcy proceeding, the court's June 30 order is modified as follows: In addition to the relief granted in the June 30 order, plaintiff is also entitled to have its security interest in the 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

collateral (as that term is defined in plaintiff's motion for summary judgment) foreclosed, to have a sale directed and to have the proceeds applied to satisfy the debt owing to plaintiff from defendants Architectural Metal Products, Inc, Ridgetop Hawaii, Inc, Ridgetop Roofing and Gutter, Inc, Boris Gokhman, Vladimir Shuk and Todd Beasley. Architectural Metal is further directed to turn over

the collateral to plaintiff at such place or places plaintiff chooses within ten (10) days of this order. In the event that

Architectural Metal refuses to turn over the collateral, plaintiff should pursue a course of relief as the law so allows. The court's June 30 order is not otherwise modified except as expressly set forth above. The clerk is DIRECTED to enter the attached form of judgment and close the file.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

3