Contractual Provisions: What Do They Really Mean and How Can They Work for You?BoyarMiller
Andrew Pearce and David Stockel, shareholders in BoyarMiller’s litigation group, discussed what you need to know around contractual provisions – interpretation and legal support behind forum/venue selection clauses, merger clauses, arbitration provisions, prevailing party clauses, jury waivers, and others.
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What You Say
Presented by: Chris James & Jon Goch
to HYLA - Houston Young Lawyers Association on
March 4, 2015
The Rules Have Changed: Developments that Impact the Landscape of Texas Litig...BoyarMiller
Presented by: Chris James & Kasi Chadwick
to Houston Bar Association on
June 12, 2015
“The Rules Have Changed: Developments that Impact the Landscape of Texas Litigation”
While working as a summer law clerk at Mayer & Mayer, I wrote this informational memorandum that outlines the historical origins and modern application of Vermont laws regarding fraudulent transfers.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
Contractual Provisions: What Do They Really Mean and How Can They Work for You?BoyarMiller
Andrew Pearce and David Stockel, shareholders in BoyarMiller’s litigation group, discussed what you need to know around contractual provisions – interpretation and legal support behind forum/venue selection clauses, merger clauses, arbitration provisions, prevailing party clauses, jury waivers, and others.
BoyarMiller - Review of Boilerplate Contract Provisions: Say What You Mean an...BoyarMiller
Review of Boilerplate Contract Provisions: Say What You Mean and Mean What You Say
Presented by: Chris James & Jon Goch
to HYLA - Houston Young Lawyers Association on
March 4, 2015
The Rules Have Changed: Developments that Impact the Landscape of Texas Litig...BoyarMiller
Presented by: Chris James & Kasi Chadwick
to Houston Bar Association on
June 12, 2015
“The Rules Have Changed: Developments that Impact the Landscape of Texas Litigation”
While working as a summer law clerk at Mayer & Mayer, I wrote this informational memorandum that outlines the historical origins and modern application of Vermont laws regarding fraudulent transfers.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
FEDERAL EQUITY RECEIVERSHIPS 2022_Federal Equity Receiverships- The Order Con...Financial Poise
There are no in-depth statutory guidelines for federal equity receivers, as there are for bankruptcy trustees. Accordingly, the appointment order is the primary source from which a federal equity receiver’s powers are derived. This webinar discusses the importance of the appointment order, the timing of the entry of the appointment order, why and when the appointment order should be amended and what can happen when a receiver acts outside the scope of the appointment order.
Part of the webinar series: FEDERAL EQUITY RECEIVERSHIPS 2022
See more at https://www.financialpoise.com/webinars/
EKEJIJA- NVC FUND-SEC SETTLEMENT SOLUTION
CASE: 2:20-cv-08985-ODW-DFM
Case No.: 2:20-cv-08985-FWS-DFM
Dear John F. Libby,
As requested by Judge Fred W. Slaughter, the undersigned, frank-ojogwa: Ekejija, comes now to submit in good faith for your favorable consideration a graceful workable solution to settle and resolve the above-referenced egregious case (the “Case”), according to the requirement of Rule 1 of the Federal Rules of Civil Procedure (“FRCP”), that “all civil actions and proceedings in the United States district courts … be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”
The purpose of my proposal is to achieve the complete, final, fair, and equitable resolution of all of the financial, civil rights, and reputational damages and other civil claims I am holding against the U.S. Securities and Exchange Commission, an agency of the federal government (the “SEC”), arising out of and suffered in connection with the extreme quantifiable and unquantifiable economic and wrongs, injuries, damages, defamations, prejudices, and injustices done to our companies and me, by the SEC’s egregious, willful, wrongful, meritless, reckless, abusive, and vindictive crusade, undertaken under color of law and constitutes a gross breach of fidelity, over the past 11 years. That the SEC persisted in misusing and abusing its government authority, compounding these many wrongs long after it knew or should have known that its allegations were meritless, and the resulting compounding of its wrongful behavior, and that such conduct exposed the SEC and the federal government to ridicules, substantial financial and other liability, makes the situation even more outrageous.
Notwithstanding the foregoing, I am willing to settle and resolve this matter upon the terms and conditions summarized below. You will see that my proposal satisfies each of the requirements of FRCP Rule 1. Indeed, I am proposing to achieve the intended result by underwriting the financial elements of my claims out of our assets and at no cost to the government. Moreover, the structure and mechanisms of this proposal are eminently fair and reasonable by design and within your authority as a federal judge to implement.
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
502 chris ipi pxam (1) 171018-3 poprav-1-151218 m.-2smith s
dear friend
we have ipip or ip id sender for cash funds of €100,000,000,000,000.00(ONE HUNDRED TRILLION EURO)
looking for revceiver
ipip or ipid
100trillion
€100,000,000,000,000.00(ONE HUNDRED TRILLION EURO)
we have sender and looking for receiver
if you are interested then we will send the contract
WE ARE SEEKING FOR A PRESENTABLE RECEIVER
Sign and seal DOA and RWA and bring it back to me.
link
https://docs.google.com/document/d/1on8DS29Co6FEjMVf475bxQb-t-aLBzbuquhECUi3aVk/edit?usp=sharing
THANKS
REGARDS
RANGA RAO KONUGANTI
PLEASE CALL ME TO MY WhatsApp No. +91 6305726465 OR Mobile NO. +91 846 690 0152
MAIL TO rangaraohome@gmail.com AND COPY TO konugantivss@rediffmail.com and raoranga6514@yahoo.co.in
NOTE : MY SKYPE ID RANGARAOHYD IS WORKING now pl. call me
GOOGLE TALK : rangaraohome
yahoo messenger : raoranga6514
link
https://docs.google.com/document/d/1on8DS29Co6FEjMVf475bxQb-t-aLBzbuquhECUi3aVk/edit?usp=sharing
RULE 39 Execution, Satisfaction and Effect of Judgments.pptxDonnieRayOlivarezSol
RULE 39 Execution, Satisfaction and Effect of Judgments
Section 5-9
Section 5 - Effect of reversal of executed judgment
The executed judgment is reversed totally or partially, or annulled, on appeal or otherwise, the trial court may, on motion, issue such orders of restitution or reparation of damages as equity and justice may warrant under the circumstances.
Section 6. Execution by motion or by independent action
Final and Executory Judgment or Order
may be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 6. Execution by motion or by independent action
The revived judgment
may also be executed on motion within five (5) years from the date of its entry.
After the lapse of such time, a judgment may be enforced by action before it is barred by the statute of limitations.
Section 7. Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
death of the judgment obligee - upon the application of his executor or administrator, or successor in interest
death of the judgment obligor - the judgment will be executed against his executor or administrator or successor in interest, if the judgment be for the recovery of real or personal property, or the enforcement of a lien
Section 7. Execution in case of death of party
In case of the death of a party, execution may issue or be enforced in the following manner:
the death of the judgment obligor - after execution is actually levied upon any of his property, same may be sold for the satisfaction of the judgment obligation, provided that the officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands.
Section 8. Issuance, form and contents of a writ of execution
The writ of execution shall:
(1) issue in the name of the Republic of the Philippines from the court which granted the motion;
(2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and
(3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms
Section 8. Issuance, form and contents of a writ of execution
Manner of executing writ:
If judgment against property of the judgment obligor – out of real or personal property with interest
If against his real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor – out of that property, with interest
If for sale of real or personal property – to sell property, describing it and apply the proceeds in conformity with judgment.
Section 8. Issuance, form and contents of a writ of execution
Manner of executing writ:
If for delivery of possession of property – deliver possession of the same to the party entitled to it, describing it, and to satisfy
Spoke with the provider's mandate , they are interested in the IBOE deal for ppp .
The indicative yield is around 250-400% around the year with 25-40% per month .
Original funds are guaranteed .
Trade period will be 40 weeks up to 3 years .
Advance money is available on requests.
Please note... all the profits/earning will be split 50/50 between the owner of IBOE and Mr. Pravesh ( Pat ) Bhandari for his humanitarian project in INDIA.
If acceptable , please have your client to fill in details as attached and send over to me accordingly .
MISS, pl have this cis/kyc ( attached ) executed and send it back to me ASAP. So , I can block the position in TRADING PLATFORM.
Many thanks.
PRAVESH (PAT) BHANDARI .
CELL IN CANADA ..... ON REQUEST.
E-MAIL :- P888@INBOX.COM
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CHECK THIS OUT..... http://allsolutionsnetwork.com/cgi-bin/d2.cgi/PB5009/myhomepage.htm
This message and any attachments are intended solely for the addressee.
http://www.ftc.gov/privacy/glbact/glbsub1.htm
A agreement to what is a mock company who a Chief and CEO of Corporation is a way of manipulation behind the scenes, instead First Wind Power CEO is an employee of the corporation as lands and estates. Targeting First Nation Aboriginal, Indigenous lands in Canada the U.S and elsewhere, and they are not talking about wind energy.
These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
These Slides will help in understanding the procedure of Debt Recovery Tribunal briefly along with the requirement for filing an application before the Tribunal.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
10.03.12 amended order re receiver
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RANDALL A. MILLER (Bar No. 116036)
AUSTA WAKILY (BarNo. 257424)
MILLERLLP
515 South Flower Street, Suite 2150
Los Angeles, CA 90071-2201
Telephone: 800.720.2126
Facsimile: 888.749.5812
U)s !!I;1p~J!uRT
OCT 08 2012
JO~ A CLA~.fLIZRK
BYGE ~ AwL·
Attorneys for KNAPP, PETERSEN & CLARKE,
STEVEN RAY GARCIA, STEPHEN M. HARRIS
and ANDRE JARDINI
=R~<!HARLES. DEPUTY
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
STEPHEN M. GAGGERO; an individual;
PACIFIC COAST MANAGEMENT, INC., a
Corporation; GINGERBREAD COURT LP, a
Limited Partnership; 511 OFW, LP a Limited
Partnership; MALIBU BROAD BEACH LP, a
Limited Partnership; MARINA GLENCOE
LP, a Limited Partnership; BLU HOUSE LLC,
a Limited Liability Company; BOARDWALK
SUNSET LLC, a Limited Liability Company;
TRUSTEE of GIGANIN TRUST, JOSEPH
PRASKE; TRUSTEE of ARENZANO
TRUST, JOSEPH PRASKE; and TRUSTEE of
AQUASANTE FOUNDATION, JOSEPH
PRASKE,
Plaintiffs and Judgment Debtors,
v.
KNAPP, PETERSEN & CLARKE, STEPHEN
RAY GARCIA, STEPHEN M. HARRIS and
ANDRE JARDINI,
Defendants and Judgment Creditors.
CASE NO.: BC286925
[Assigned for all purposes to Judge Honorable
Judge Robert 1. Hess, Department 24]
ilF"I~ :v'9&~
[PROP88ED] ORDER FOR THE
APPOINTMENT OF RECEIVER
-1-
[pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants and Judgment Creditors Knapp, Petersen & Clarke's, Steven Ray Garcia's,
Stephen M. Harris', and Andre Jardini's (collectively, "KPC" or "Judgment Creditors") Motion
for the Appointment of a Receiver came on regularly for hearing as to Stephen M. Gaggero on
August 23,2012 and on October 3,2012 as to the remaining Judgment Debtors in Department 24
of the above-entitled Court the honorable Robert L. Hess presiding. Having considered KPC's
Motions for the Appointment of a Receiver and the papers and pleadings submitted in support of
and opposition and good cause appearing, the Court grants KPC's motion as follows:
IT IS ORDERED THAT Judgment Creditors KPC's Motion for the Appointment of a
Receiver to enforce their judgment against Judgment Debtors Stephen M. Gaggero, Pacific Coast
Management, Inc., 511 OFW LP, Gingerbread Court LP, Malibu BroadBeach LP, Marina Glencoe
LP, Blu House LLC, and Boardwalk Sunset LLC, Joseph Praske as trustee of the Giganin Trust,
Joseph Praske as trustee of the Arenzano Trust, and Joseph Praske as trustee of the Aquasante
Foundation (collectively referred to as "JUDGMENT DEBTORS") in the amount of
$2,178,235.51 plus post-judgment interest and allowable costs is GRANTED.
IT IS FURTHER ORDERED THAT the JUDGMENT DEBTORS must post an
undertaking in the amount of for $4,356,471.02 unless the undertaking is given by an admitted
surety insurer in which case the amount of undertaking necessary to stay enforcement of this
Order is $3,267,353.26. Code Civ. Proc. § 917.5.
Ill...)} D AIT IS FURTHER ORDERED THAT .~A-'1 r /JiLl S~r}n./ ("Receiver") is
appointed as post judgment receiver of the Judgment Debtors. The receiver shall file a $10,000
receiver's bond and Receiver's oath within 10 days ofthis Order. /JV1.t I'5tJwl
J/.} MY.) 011-1'11
fll/ii/IOv<'l'1 I'J) ,YJ.J )/I/JL..( S' //Jyu'~ . 12?W
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[PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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IT IS FURTHER ORDERED THAT upon filing the bond and oath the Receiver is
endowed with the powers, rights duties and obligations, as set forth below:
1. Investigate all of the Judgment Debtors' assets and liabilities including, but not limited to,
deposit accounts, investments, business interests, the nature and extent of any ownership,
operation, value and/or other involvement with any and all real property and/or rental
properties, purchase options, motor vehicles, personal property, the current residence of
Judgment Debtors, any business entities, corporations, partnerships or joint ventures
involved with Judgment Debtors, and any litigation;
2. Take possession of any assets and/or property, as well as copies of any records (paper,
electronic or otherwise) relating to Judgment Debtor assets and Stephen M. Gaggero's
estate plan;
3. Investigate any and all transfers of assets (real, personal or other) and any and all accounts
of any of the Judgment Debtors or their entities, and request and receive tax retUrns of
Judgment Debtors or of any corporate or other business ~ntity' in which any Judgment
Debtor is involved;
4. Employ agents and employees as the receiver believes in his business judgment, necessary
to carry out his duties as receiver and u~on .court order to pay the agents and employees at
ordinary and usual rates and prices pursuant to appropriate contracts out offunds that come
into his possession as receiver, including a court approved attorney pursuant to C.R.C.
3.1180;
5. Enforce the Assignment Order and Order Restraining Judgment Debtors entered into by
this Court;
6. Record this Order and/or any appropriate liens on any or all property of any of the
Judgment Debtors;
7. Hold any such property or records until further order ofthis Court.
-3-
[pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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8. The Receiver and/or Parties to this action may, from time to time, and upon notice to other
Parties in this action, petition this Court for further instructions, clarification and for
further powers necessary to enable the Receiver to properly perform his duties;
9. The Receiver may generally do such other things as are necessary or incidental to the
foregoing specific powers, directions and general authority and to take actions relating to
any property provided the Receiver obtains prior court approval for any actions beyond the
scope contemplated herein.
10. The Receiver shall have all rights and powers of the Debtors to obtain immediate access to
Judgment Debtors financial records from any third party, specifically including any
financial institution, to locate, trace and to freeze any funds or additional records, pending
further Court Order, and to collect, receive, demand all cash proceeds of the Judgment
pebtors including, but not limited to, cash, investments, loan proceeds, negotiable
instruments, savings, prepayments, deposits, reimbursements, receivables, notes, offsets, as
well as future contingent interests upon realization.
. ;)0 1l1I-111-
11. Receiver's hourly rate will be $ 3mf . - per hour plus costs, or such other rate as set by
the Court, plus costs as approved by the Court.
.IT IS FURTHER ORDERED THAT the Judgment Debtors and their respective agents,
partners, managers, attorneys, employees, assignees, successors, representatives and all persons
21 acting under, in concert with or for them:
22 12. Shall relinquish and immediately tum over possession of all "financial books, records and
23 ownership documents" relating directly or indirectly to any of Judgment Debtors assets
24 and liabilities to the Receiver within seven (7) court days ofthe appointment of a Receiver.
25 13. Shall tum over to the Receiver, and direct all managers and other third parties in
26 possession thereofto turn over all documents and records concerning any deposit accounts,
27 web sites, emails, in whatever mode maintained, including information contained on
28
-4-
[PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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.computers and any and all software relating thereto, as well as all banking records,
statements, canceled checks, electronic records and passwords.
14. Shall immediately tum over to the Receiver documents regarding any transfers of assets
valued over $10,000.00 to any third party within the past seven (7) years, wherever
located.
15. Shall immediately advise receiver as to the nature and extent of any insurance coverage.
Judgment Debtors shall immediately name the Receiver as an additional insured on the
insurance policies for the period Receiver is in possession ofthe assets;
16. Judgment Debtors are prohibited from cancelling, reducing or modifying any and all
insurance coverage currently in existence.
IT IS FURTHER ORDERED that pending further Order of this Court, Judgment Debtors
and their respective agents, servants, partners, managers, employees, attorneys, assignees,
successors, representatives, and all other persons acting under, in concert with or for them who
have actual or constructive knowledge ofthis Order, and their agents and employees;
17. Shall not commit or permit any waste on any of Judgment Debtors' assets.
18. Shall not demand, collect, receive, discount or in any other way divert or use any proceeds
owed to any Judgment Debtor, directly or indirectly.
19. Shall not directly/indirectly interfere in any manner with the discharge ofReceiver's duties
under this Order or in furtherance ofthe Receiver's receivership duties.
20. Shall not expend, disburse, transfer, assign, sell, convey, devise, pledge, mortgage,
hypothecate, create a security interest in, encumber, gift, conceal, or in any manner
whatsoever deal in or dispose of all or any part of any Judgment Debtor's property (real,
personal, or otherwise) interests without further Court Order.
21. Shall not do any act which will, or may, impair, defeat, divert, prevent or prejUdice
preservation of any Judgment Debtor's property.
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[pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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1 IT IS FURTHER ORDERED that the parties shall give notice to the Receiver of any event
2 that may affect the receivership.
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4 IT IS FURTHER ORDERED THAT that the Receiver will have the following additional
5 powers with respect to Judgment Debtors Pacific Coast Management, Inc., 511 OFW LP,
6 Gingerbread Court LP, Malibu BroadBeach LP, Marina Glencoe LP, Blu House LLC, and
7 Boardwalk Sunset LLC, Joseph Praske as trustee of the Giganin Trust, Joseph Praske as trustee of
8 the Arenzano Trust, and Joseph Praske as trustee ofthe Aquasante Foundation (referred to as Alter
9 Ego Judgment Debtors):
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22. Until further order of this Court, the Receiver has full and exclusive power, duty, and
authority to administer and manage all of Alter Ego Judgment Debtors' business affairs,
funds, assets, choses in action and any of its other property, and is vested with all of the
powers of the Alter Ego Judgment Debtors' shareholders, directors and officers. No one
other than the Receiver has authority to file any voluntary bankruptcy petition on behalf of
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. 23. The Receiver is authorized to, and shall, take exclusive possession and control of any and
all documents, records, property and assets, wherever located within or outside this state,
of the Alter Ego Judgment Debtors including, but not limited to, the following: All
accounts, contract rights, general intangibles and payment intangibles, including without
limitation, contracts and accounts, all proceeds thereof, and all writings or other records in
whatever form (including electronic) which document any of them, including, but not
limited to, written agreements, purchase orders, invoices, receipts, checkbooks, check
registers, passbooks, journals, ledgers and books of account from which Judgment Debtor
receives payments or other data used in or related to its business.
24. The Receiver is also authorized to, and shall, take possession of any and all real property
owned by the Alter Ego Judgment Debtors', or in which the Alter Ego Judgment Debtors
have any interest.
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[PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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25. The Receiver is authorized to take all necessary steps to receive, collect, and review all
mail addressed to the Alter Ego Judgment Debtors. At the Receiver's discretion, the
Receiver is authorized to instruct the U.S. Postmaster to reroute, hold, and/or release said
mail to the Receiver.
26. The Receiver is authorized to, and shall, take possession of all of the Alter Ego Judgment
Debtors' bank accounts, wherever located within or without this state, and shall receive
possession of any money on deposit in said bank accounts. Any bank or other financial
institution maintaining any such account shall, upon presentation of a copy of this order,
immediately deliver any such funds to the Receiver and shall provide the Receiver with
copies ofany documents or records concerning such accounts as the Receiver may request.
27. The Receiver is authorized to, and shall, demand, collect, and hold all of the Alter Ego
Judgment Debtors' accounts receivable and all proceeds thereof including, but hot limited
to, any escrow accounts containing funds to be dispersed upon the occurrence of a
particular event.
28. The Receiver is authorized to, and shall, present for payment any checks, money orders,
negotiable instruments or commercial paper through which the Alter Ego Judgment
Debtors are compensated for its goods and/or services. The Receiver is authorized to, and
shall, endorse the same and collect the proceeds, including, but not limited to, the proceeds
from any escrow accounts containing funds to be dispersed upon the occurrence of a
particular event.
29. The Receiver is authorized to, and shall, deposit all proceeds collected and taken under the
Receiver's exclusive possession and control into an interest bearing bank account
("Receiver Trust Account") to be thereafter used and maintained by the Receiver in
furtherance of the Receiver's duties and powers set forth herein. The Receiver shall keep
detailed accounting records of all deposits to and all expenditures from the Receiver Trust
Account, and shall maintain those accounting records until the termination of the
receivership.
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[pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
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1 30. No such risk or obligation so incurred shall be the personal risk or obligation of the
2 Receiver, but shall be the risk and obligation ofthe receivership estate.
3 31. The Receiver shall, within thirty (30) days of the effective date of this appointment, file
4 and serve an inventory setting forth a list of all property of which the Receiver has taken
5 exclusive possession pursuant to this order to the Court. The Receiver shall file a
6 supplemental inventory if he takes possession of any additional property pursuant to this
7 order after thirty (30) days ofthe effective date.
8 32. Upon reasonable notice, the parties shall have access to all non-privileged documents in
9 the Receiver's possession, and may copy any such documents at their expense.
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NOTICE IS HEREBY GIVEN THAT INTERFERENCE WITH RECEIVER'S
DUTIES/ACTIONS AND/OR FAILURE BY JUDGMENT DEBTORS OR ANY PARTY
OR THEIR PRINCIPALS, EMPLOYEES, AGENTS, ATTORNEYS, OR
REPRESENTATIVES TO COMPLY WITH TillS ORDER MAY SUBJECT THE PARTY
TO BEING HELD INCONTEMPT OF COURT.
16 IT IS SO ORDERED
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Honorable Robert L. Hess
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[PROPOSED] ORDER FOR THE APPOINThlIENT OF A RECEIVER