Securities & Exchange Commission v. Arvco Capital Research, LLC. et al

Filing 114

ORDER granting 113 Plaintiff's Motion to Dismiss as to Defendant Alfred J.R. Villalobos. Signed by Judge Miranda M. Du on 1/6/2016. (Copies have been distributed pursuant to the NEF - PAV)

Case 3:12-cv-00221-MMD-WGC Document 113 Filed 01/06/16 Page 1 of 7

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DAVID J. VAN HAVERMAAT, Cal. Bar No. 175761
E-mail: [e-mail]
LYNN M. DEAN, Cal. Bar No. 205562
E-mail: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
John W. Berry, Regional Trial Counsel
444 S. Flower Street, Suite 900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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vs.

ARVCO CAPITAL RESEARCH,
LLC, ARVCO FINANCIAL
VENTURES, LLC, ALFRED J.R.
VILLALOBOS, and FEDERICO
(“FRED”) R. BUENROSTRO,

Case No. 3:12-cv-00221-MMD-WGC
NOTICE OF THE DEATH OF
DEFENDANT ALFRED J.R.
VILLALOBOS AND REQUEST
FOR DISMISSAL OF CLAIMS;
DECLARATION OF LYNN M.
DEAN

Defendants.

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Case No. 2:12-cv-00221-MMD-WGC

Case 3:12-cv-00221-MMD-WGC Document 113 Filed 01/06/16 Page 2 of 7

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In accordance with Rule 25(a) of the Federal Rules of Civil Procedure, the

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Securities and Exchange Commission (SEC”), plaintiff in this action, notes the death

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during the pendency of this action of Alfred J.R. Villalobos, a defendant. The SEC has

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been informed that Villalobos died on January 13, 2015. A copy of Villalobos’ Death

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Certificate is attached as Exhibit 1 to the Declaration of Lynn M. Dean, filed herewith.

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The SEC does not intend to file a motion to substitute Villalobos’s successor or

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representative pursuant to Rule 25(a). Accordingly, the SEC requests that the Court

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dismiss its claims as to Villalobos. The SEC’s claims against defendants ARVCO

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Capital Research, LLC, ARVCO Financial Ventures, LLC, and Federico (“Fred”) R.

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Buenrostro remain intact.

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Dated: January 6, 2016

Respectfully submitted,

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/s/ Lynn M. Dean
David J. Van Havermaat
Lynn M. Dean
Attorneys for Plaintiff
Securities and Exchange Commission

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Plaintiff's Motion to Dismiss Defendant Alfred J.R. Villalobos is granted.
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IT IS SO ORDERED.

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Dated: _________________

______________________
U.S. District Judge

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DECLARATION OF LYNN M. DEAN

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I, Lynn M. Dean, hereby declare, pursuant to 28 U.S.C. § 1746:

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1.

I am an attorney at law admitted to practice law in the State of California

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and before the United States District Court for the Central District of California. I am

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employed as an attorney in the Los Angeles Regional Office of the U.S. Securities and

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Exchange Commission (“Commission”), and am counsel of record for the Commission in

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this case. I have personal knowledge of the facts set forth in this Declaration and, if

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called and sworn as a witness, could and would competently testify thereto.

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2.

Attached hereto as Exhibit 1 is a true and correct copy of the Certificate of

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Death of Alfred J.R. Villalobos issued by the State of Nevada Certification of Vital

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Record on January 21, 2015.

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I declare under penalty of perjury under the laws of the United States of America

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that the foregoing is true and correct. Executed this 6th day of January, 2016, at Los

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Angeles, California.

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/s/ Lynn M. Dean
Lynn M. Dean

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EXHIBIT 1

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PROOF OF SERVICE

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I am over the age of 18 years and not a party to this action. My business address is:
U.S. SECURITIES AND EXCHANGE COMMISSION,
444 S. Flower Street, Suite 900, Los Angeles, California 90071
Telephone No. [phone]; Facsimile No. [phone].
On January 6, 2016, I caused to be served the document entitled NOTICE OF THE
DEATH OF DEFENDANT ALFRED J.R. VILLALOBOS AND REQUEST FOR
DISMISSAL OF CLAIMS; DECLARATION OF LYNN M. DEAN on all the parties
to this action addressed as stated on the attached service list:
☐
OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection
and mailing today following ordinary business practices. I am readily familiar with this
agency’s practice for collection and processing of correspondence for mailing; such
correspondence would be deposited with the U.S. Postal Service on the same day in the
ordinary course of business.
☐
PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s),
which I personally deposited with the U.S. Postal Service. Each such envelope was
deposited with the U.S. Postal Service at Los Angeles, California, with first class postage
thereon fully prepaid.
☐
EXPRESS U.S. MAIL: Each such envelope was deposited in a facility
regularly maintained at the U.S. Postal Service for receipt of Express Mail at Los
Angeles, California, with Express Mail postage paid.
☐
HAND DELIVERY: I caused to be hand delivered each such envelope to the
office of the addressee as stated on the attached service list.
☒
UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by
United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited
in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles,
California.
☐
ELECTRONIC MAIL: By transmitting the document by electronic mail to the
electronic mail address as stated on the attached service list.
☒
E-FILING: By causing the document to be electronically filed via the Court’s
CM/ECF system, which effects electronic service on counsel who are registered with the
CM/ECF system.
☐
FAX: By transmitting the document by facsimile transmission. The transmission
was reported as complete and without error.
I declare under penalty of perjury that the foregoing is true and correct.

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Date: January 6, 2016

/s/ Lynn M. Dean
Lynn M. Dean

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SEC v. ARVCO CAPITAL, et al.
United States District Court - District of Nevada
Case No. 3:12-cv-00221-MMD-WGC
SERVICE LIST
Federico Buenrostro (served via UPS)
6120 Wycliffe Way
Sacramento, CA 95831
Pro Se Defendant
Marc E. Rohatiner, Esq. (served via CM/ECF)
Wolf, Rifkin, Shaprio, Schulman & Rabkin, LLP
11400 W. Olympic Boulevard, 9th Floor
Los Angeles, CA 90064
Email: [e-mail]
Attorneys for Defendants Alfred J.R. Villalobos, ARVCO Financial
Ventures, LLC, and ARVCO Capital Research, LLC

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Case No. 2:12-cv-00221-MMD-WGC