Federal Deposit Insurance Corporation v. MHG Casa Madrona Hotel, LLC

Filing 29

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 28 Case Management Statement filed by Federal Deposit Insurance Corporation. Signed by Judge Phyllis J. Hamilton on 10/23/09. (nah, COURT STAFF) (Filed on 10/23/2009)

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Nossaman LLP John T. Hansen (C434639) [e-mail] James H. Vorhis (CA245034) [e-mail] 50 California Street, 34th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 41 5.398.2438 Attorneys for FEDERAL DEPOSIT I NSURANCE CORPORATION, as receiver of lntegrity Bank, a Georgia Banking Corporation, Plaintiff

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
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VS.

FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of lntegrity Bank, a Georgia Banking Corporation,
Plaintiff,

Case

No:

CV 09 1895 (PJH)

SECOND CASE MANAGEMENT CONFERENCE STATEMENT OF PLA”NTIFF AND ORDER

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MHG CASA MADRONA HOTEL, LLC, Georgia Limited Liability Company, Defendant.

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Date: October 29,2009 Time: 2:30 p.m. Courtroom 3 1301 Clay Street Oakland, California

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241881 1.DOC

SECOND CASE MANAGEMENT CONFERENCE STATEMENT OF PLAINTIFF

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Plaintiff Federal Deposit lnsurance Corporation ("FDlC") files this second case management statement and recommends that the case management conference be continued for 60 days. Defendant has not answered the complaint, nor othen”rise appeared in this action.
On August 10, 2009, the Defendant, MHG Casa Madrona Hotel, LLC filed a petition for relief under Chapter 11
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the Bankruptcy Code. A copy of the notice of commencement of

bankruptcy case is attached hereto. The commencement of the bankruptcy case has automatically stayed this action. 11 U.S.C. $362(a). On October B, 2009, the bankruptcy court appointed a chapter 11 trustee to take possession of the assets of the debtor's estate. The receiver appointed by this court is in the
process of turning over the property of which he has custody to the bankruptcy trustee. A final

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hearing has been scheduled in the bankruptcy court for November 12,2009, on the FDIC's
motion for relief from the automatic stay or in the alternative to dismiss the bankruptcy case.

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The outcome of that hearing will determine whether this action may continue or shall be
dismissed. Under the circumstances, and plaintiff recommends that the case management

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conference again be continued for 60 days. The case management conference is continued to December 17, 2009 at 2:00 p.m.

Dated: October 20,2009

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Nossaman LLP John T. Hansen James H. Vorhis

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241881 1.DOC SECOND CASE MANAGEMENT CONFERENCE STATEMENT OF PLAINTIFF

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/s/ John T. Hansen John T. Hansen FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of lntegrity Bank, a Georgia Banking Corporation
By:

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10/23/09

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CANB Live Database

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United States Banlcuptcy Court Northern Distict of California

Notice of Bankruptcy Case Filing
A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 11 of the United States Bankruptcy Code, entered on 08/ 10 /2009 at 7 :04 PM and filed on 08/ 10/2009.

MHG Casa Madrona Hotel, LLC
8370 W. Flagler Street Miami, FL33144-2078 Tę< ID i EIN: 20-259989A

The case was filed by the debtor's attomey:

Tracy Green
Wendel, Rosen, Blackand Dean 1111 Broadway 24+J1FL

P.O.Box2047 Oakland, CA94607
[phone]
The case was assigned case number 09-12536.

In most instances, the frling of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's properly. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the cou”t to extend or impose a stay. If you attempt to collect a debt ortake other action in violation of the Bankruptcy Code, youmay be penalized. Consult a lawyer to detennine your righę in this case.

Ifyou would like to view

the bankruptcy petition and other documents filed by the debtor, they are available at ow Internet home page httpsl/ecf.canb.uscourts.gov/ or at the Clerk's Office, 99 South "E" Street, Santa Rosa, CA 95404.

You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines.

Gloria L. X''ranklin

Clerž U.S. Bankruptcy
Court

https:/ / ecf.canb.uscourts. govlcgi-binAloticeOfFiting.pl?3

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8/10/2009

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CERTIFICATE OF SERVICE The undersigned declares:
-l am employed in the County of San Francisco, State of California. I am over the age of 18 and äm'not a party to thź within action; my'business address is c/o Nossaman LLP, 50 Californķa Street, 34th Floor, Sah Francisco, CA94111.

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On October 20,2009, I served the foregoing SEGOND CASE MANAGEMENT CONFERENGE STATEMENT OF PLAINTIFF onžarties to the within action as follows:

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(By U.S. Mail) On the same date, at my said place of business, a true copy thereof enclosed in a sealed envelope, addressed as shown on the attached service list was placed for collection and mailing following the usual business practice of my said employer. I am readily familiar with my said employer's business practice for collection and processing of correspondence for mailing with the United States Postal Service, and, pursuant to that practice, the correspondence would be deposited with the United States Postal Service, with postage thereon fully prepaid, on the same date at San Francisco, California.

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(By Facsimile) | served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), to the number(s) listed on the attached sheet. Said transmission was reported complete and without error. A transmission report was properly issued by the transmitting facsimile machine, which report states the time and date of sending and the telephone number of the sending facsimile machine. A copy of that transmission report is attached hereto.
(By Ove”night Service) | served a true and correct copy by overnight delivery service for delivery on the next business day. Each copy was enclosed in an envelope or package designated by the express service carrier; deposited in a facility regularly ma.i.ntaine9 žy tne express service carrier or delivered to a courier or driver authorized to receive documents on its behalf; with delivery fees paid or provided for; addressed as shown on the accompanying service list.

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(By Electronic Service) By emailing true and correct copies to the persons at the electronic notification address(es) shown on the accompanying service list. The document(s) was/were served electronically and the transmission was reported as complete and without error.
Executed on October 20,2009.

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(STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. /s/ Maura Bonal

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Maura Bonal

241881 l.DOC

PROOF OF SERVICI

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SERVIGE LIST
MHG Casa Madrona Hotel, LLC Attention: Guy Mitchell, President 4763 Southwest B2nd Street Miami, Florida 33143

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Troutman Sanders, LLP Attention: John E. Bruehner 600 Peachtree St., N.E., Suite 5200 Atlanta, Georgia 30308
Richard A. Rogan Jefers, Mangels, Butler & Marmano LLP Two Embarcadero Center, 5th Floor San Francisco, CA 94111

Tracy Green Wendel, Rosen, Blade & Dean LLP 1111 Broadway, 24th Floor Oakland, CA 94607

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241881 1.DOC PROOF OF SERVICĖ