Federal Trade Commission v. Ivy Capital, Inc. et al

Filing 232

ORDER Granting 218 Motion for Order Authorizing Receiver to Abandon Certain Personal Property from the Estate and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge James C. Mahan on 9/6/2011. (Copies have been distributed pursuant to the NEF - SLR)

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RANDOLPH L. HOWARD (Nev. SBN 006688)
KOLESAR & LEATHAM, CHTD.
3320 West Sahara Ave., Suite 380
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: [phone]
GARY OWEN CARTS (CA SBN 088918)
E-mail: [e-mail]
LESLEY Al\H\IE HAWES (CA SBN 117101)
E-mail: [e-mail]
McKENNA LONG & ALDRIDGE LLP
300 South Grand Avenue, 14th Floor
Los Angeles, CA 90071-3124
Telephone: [phone]
Facsimile: [phone]
Attorneys for Permanent receiver
ROBB EVANS & ASSOCIATES LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

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Plaintiff,
v.

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IVY CAPITAL, INC., etc., et al.,

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Defendants, and

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CHERRYTREE HOLDINGS, LLC,
etc., et al.

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CASE NO. 2:11-cv-00283-JCM-GWF
[PROPOSED] ORDER
GRANTING MOTION FOR
ORDER AUTHORIZING
RECEIVER TO ABANDON
CERTAIN PERSONAL
PROPERTY FROM THE ESTATE
AND GRANTING RELIEF FROM
LOCAL RULE 66-5 PERTAINING
TO NOTICE TO CREDITORS

Relief Defendants.

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McKENNA LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW
LOS ANGELES

The matter of the motion for an order authorizing the receiver to abandon
from the receivership estate certain personal property and for an order granting
relief from Local Rule 66-5 pertaining to notice to creditors ("motion") filed by
Robb Evans & Associates LLC ("receiver") as Receiver of Ivy Capital, Inc. and
other related and affiliated entities pursuant to the preliminary injunction issued
March 25, 2011 came on regularly before the court, the Honorable James C.
[PROPOSED] ORDER GRANTING MOTION FOR ORDER AUTHORIZING THE RECEIVER TO ABANDON CERTAIN PERSONAL
PROPERTY
LA:17861997.1

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Mahan, United States District Judge presiding. The court having reviewed and

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considered the motion and all pleadings and papers filed in support thereof, and

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responses or opposition, if any, to the motion, and good cause appearing therefor,

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IT IS ORDERED that:

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1.

The motion and all relief sought therein is granted in its entirety; and

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2.

Without limiting the generality of the foregoing:

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A.

The receiver is authorized to abandon and not administer the personal

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property consisting of used office equipment and furniture, including but not

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limited to chairs, desks, cubicles, filing cabinets and bookcases currently housed at:

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1) Ivy Capital, Inc.'s main corporate office located at 3027 East Sunset Road,

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Suites 106, 201, 202, 203, 204 and 205, Las Vegas, Nevada; 2) a call center located

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at 3015 East Sunset Road, Las Vegas Nevada; and 3) Extra Space Storage, 3008

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East Sunset Road, unit numbers A193, B2, A152, and A156, Las Vegas, Nevada;

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and

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B.

Notice of the motion is deemed sufficient under Local Civil Rule 66-5

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based on the service of the notice of the filing of the motion and the motion on all

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parties and service of the notice of the filing of the motion on all known non-

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consumer creditors of the estate.

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Dated: September 6, 2011
JAMES C. MAHAN
United States District Judge

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MCKENNA LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW
LOS ANGELES

-2[PROPOSED] ORDER GRANTING MOTION FOR ORDER AUTHORIZING THE RECEIVER TO ABANDON CERTAIN PERSONAL
PROPERTY
LA:17861997.1

CERTIFICATE OF SERVICE

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I am a citizen of the United States and employed in San Francisco County,

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California. I am over the age of eighteen years and not a party to the within-entitled

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action. My business address is 101 California Street, 41 st Floor, San Francisco,

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California, 94111.

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On July 26, 2011, I served the [PROPOSED] ORDER GRANTING MOTION

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FOR ORDER AUTHORIZING RECEIVER TO ABANDON CERTAIN PERSONAL

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PROPERTY FROM THE ESTATE AND GRANTING RELIEF FROM LOCAL RULE 66-

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5 PERTAINING TO NOTICE TO CREDITORS upon the parties and/or counsel listed

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and by the methods indicated on the attached Service List.
I declare upon the penalty of perjury that the foregoing is true and correct,

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and that I am employed in the office of a member of the bar of this court at whose

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direction the service was made. Executed on July 26, 2011 at San Francisco,

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California.

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/s/ Camilla Glover
Camilla Glover

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-

IVICKENNA LONG &
ALDIUDGE

LLP

ATTORNEYS AT LAW
LOS ANGELES

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NOTICE OF MOTION AND MOTION FOR ORDER AUTHORIZING THE RECEIVER TO ABANDON
CERTAIN PERSONAL PROPERTY
LA:17861997.1

SERVICE LIST

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The following CM/ECF participants were served by electronic means on
July 26, 2011:

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Steven R. Bartell

[e-mail] , [e-mail]

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Emily C. Burton

eburtonftc.gov

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Gary Owen Caris

[e-mail] , [e-mail] .
[e-mail]

Robert D. Crockett

[e-mail] , [e-mail],
[e-mail]

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James I. Edwards

[e-mail]

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Chad R. Fears

[e-mail] , [e-mail] ,
[e-mail]

Shameka L. Gainey

[e-mail]

Aviva Y. Gordon

agordon lvbusinesslaw.com ,
laurenc vbusinesslaw.corn, [e-mail]

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Tracy Green

[e-mail]

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Lesley Anne Hawes

lhawes@mckennalong, [e-mail]

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Randolph L. Howard

rhoward klnevada.com , [e-mail] ,
usdistrict ,klnevada.corn

Mark A. Hutchison

[e-mail]

Joseph S. Kistler

[e-mail] , [e-mail]

David R. Koch

[e-mail]

Blair Parker

[e-mail],
[e-mail] ,
[e-mail]

Casey G. Perkins

cgperkins syytlaw.com , [e-mail] ,
docket la ,sv.vlaw.com

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Ann C. Schneider

[e-mail]

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Robert G. Schoshinski

[e-mail]

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MCKENNA LONG Sr
ALDRIDGE LLP
ATTORNEYS AT LAW
LOS ANGELES

-2[PROPOSED' ORDER GRANTING MOTION FOR ORDER AUTHORIZING THE RECEIVER TO ABANDON CERTAIN PERSONAL
PROPERTY
LA:17861997.1

Dotan Weinman

dweinmanPftc.gov

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Diane L. Welch

[e-mail]

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Blaine T. Welsh

blaine.welsh usdol.gov, sue.knight@usdo . .gov,.
Eunice Jones usdoj.gov, doriayn.olivarra usdoj.gov ,
mary.booker ,usdoi.gov

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Jeffrey Willis

jwillisgswlaw.corn

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Steven L. Zelig

[e-mail]

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MCKENNA LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW

LOS ANGELES

-3[PROPOSED] ORDER GRANTING MOTION FOR ORDER AUTHORIZING THE RECEIVER TO ABANDON CERTAIN PERSONAL
PROPERTY

LA:17861997.1