Goldberg v. Swendeman et al
Adversary Proceeding
Lead BK case is: 3:20-bk-30604
Lead BK case is: 3:20-bk-30604
| California Northern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Hannah L Blumenstiel |
| Case #: | 3:22-ap-03045 |
| Nature of Suit | 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Jul 25, 2022 |
| Terminated: | Jun 07, 2023 |
| Last checked: never |
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Defendant
Junella Swendeman
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Represented By
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Defendant
Colleen Mullin
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Represented By
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Defendant
Crystal Anderson
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Represented By
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Plaintiff
Michael I. Goldberg, in his capacity as Trustee of the PFI Trust
Diamond McCarthy LLP 150 California St, Suite 2200
San Francisco, CA 94111 |
Represented By
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| Docket last updated: 9 hours ago |
| Thursday, June 22, 2023 | ||
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misc
Document
Thu 06/22 10:30 PM
Returned Mail: Mail originally sent on 05/25/2023 returned as undeliverable. Returned Mail: The following order sent to Junella Swendeman and Colleen Mullin P.O. Box 1123 Tiburon, CA 94920-4123 on 05/25/2023 was returned as undeliverable: Could not mail Forms Judgment on ComplaintOrder on Motion for Default Judgment to: (ADI Administrator court) |
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| Wednesday, June 07, 2023 | ||
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court
Close Adversary Case
Wed 06/07 10:55 AM
Adversary Case Closed 3:22-ap-3045. (lj) |
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| Thursday, May 25, 2023 | ||
| 26 | 26
court
BNC Certificate of Mailing - Electronic Order
Thu 05/25 9:13 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 05/25/2023. (Admin.) |
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| 25 | 25
court
BNC Certificate of Mailing - Electronic Order
Thu 05/25 9:13 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 05/25/2023. (Admin.) |
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| Tuesday, May 23, 2023 | ||
| 24 | 24
2
pgs
order
Judgment on Complaint
Tue 05/23 4:20 PM
Judgment . Case Management Action due after 6/6/2023. (ds) |
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| 23 | 23
order
Default Judgment
Tue 05/23 4:16 PM
Order Granting Plaintiff's Motion For Default Judgment (ds) |
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court
Hearing Dropped
Tue 05/23 4:22 PM
Hearing Dropped (Hearing of 6/15/23 vacated. Judgment issued on 5/23/23.) (ds) |
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| Wednesday, May 17, 2023 | ||
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order
Judge Docket Order
Wed 05/17 3:13 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding comes before the court on a motion for default judgment (Dkt. 22; the "Motion") filed by Plaintiff Michael I. Goldberg, as Trustee for the PFI Trust. On April 14, 2023, the Clerk of Court entered defaults against Defendants Junella Swendeman and Colleen Mullin (Dkt. 20). Ms. Swendeman and Ms. Mullin have not answered Mr. Goldberg's complaint or otherwise participated in this action. Accordingly, the court finds and concludes that Mr. Goldberg was not required to give them notice of the Motion. In re Roxford Foods , 12 F.3d 875, 879 (9th Cir. 1993) (notice of an "application to the court for default judgment" is required only when the party in default has appeared formally, or when "informal contacts between the parties have . . . demonstrated a clear purpose to defend the suit"). The court has carefully analyzed the Motion and all evidence submitted in support thereof and further finds and concludes that Mr. Goldberg is entitled to judgment under Fed. R. Bankr. P. 7055 and Fed. R. Civ. P. 55(b)(2) on his third and fourth claims for relief. Still further, the court finds and concludes that this action constitutes one in which it may enter final orders and judgment. 28 U.S.C. §§ 1334(b), 157(a), (b)(1), (b)(2)(H), and (b)(2)(O); General Order No. 24 of the United States District Court for the Northern District of California; In re Associated Vintage Group, Inc. , 283 B.R. 549, 554 (B.A.P. 9th Cir. 2002) (acknowledging bankruptcy court's subject matter jurisdiction over post-confirmation avoidance actions or claim objections prosecuted by a liquidating trustee). Accordingly, the court ORDERS as follows: (1) The Motion will be GRANTED. (2) Mr. Goldberg's counsel shall promptly upload a proposed order consistent with the Motion, along with a proposed form of judgment. (3) To the extent the Motion requests costs associated with this proceeding, following the entry of the judgment, Mr. Goldberg shall file and serve a Bill of Costs in accordance with C.L.R. 54-1 through C.L.R. 54-4, applicable by B.L.R. 1001-2. (4) To the extent adjudication of the Motion leaves any claims for relief unresolved, both the order on the Motion and the judgment shall provide for their dismissal as moot. . (Fuchs, Cheyanna) |
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misc
Document
Wed 05/17 10:30 PM
Returned Mail: Mail originally sent on 04/16/2023 returned as undeliverable. Returned Mail: The following order sent to Junella Swendeman 23951 Decoro Dr. #230 Valencia, CA 91354-4958 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court) |
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| Friday, May 12, 2023 | ||
| 22 | 22
motion
Default Judgment
Fri 05/12 2:05 PM
Motion for Default Judgment Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
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Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN
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Att: 2
Certificate of Service
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| Friday, May 05, 2023 | ||
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misc
Document
Fri 05/05 10:30 PM
Returned Mail: Mail originally sent on 04/16/2023 returned as undeliverable. Returned Mail: The following order sent to Colleen Mullin 1 W. Shore Rd. Belvedere-Tiburon, CA 94920-2461 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court); Returned Mail: The following order sent to Junella Swendeman 30 Main St. Tiburon, CA 94920-2508 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court); Returned Mail: The following order sent to Junella Swendeman 32 Main St. Tiburon, CA 94920-2508 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court); Returned Mail: The following order sent to Junella Swendeman P.O. Box 1123 Tiburon, CA 94920-4123 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court) |
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| Monday, May 01, 2023 | ||
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misc
Document
Mon 05/01 2:57 PM
Returned Mail: Mail originally sent on 04/16/2023 returned as undeliverable. Returned Mail: The following order sent to Colleen Mullin 23951 Decoro Dr. Valencia, CA 91354-4943 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court); Returned Mail: The following order sent to Colleen Mullin P.O. Box 1123 Tiburon, CA 94920-4123 on 04/16/2023 was returned as undeliverable: Clerk''s Entry of Default (ADI Administrator court) |
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| Sunday, April 16, 2023 | ||
| 21 | 21
court
BNC Certificate of Mailing - Clerk's Entry of Default
Mon 04/17 8:03 AM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 04/16/2023. (Admin.) |
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| Friday, April 14, 2023 | ||
| 20 | 20
court
Clerk's Entry of Default
Fri 04/14 3:07 PM
Clerk's Entry of Default as to Defendants Junella Swendeman , Colleen Mullin . (ds) |
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| 19 | 19
misc
Request For Clerk's Default
Fri 04/14 12:47 PM
Request for Clerk's Default Re: . Filed by Plaintiff Michael I. Goldberg Clerks Entry of Default due by 04/28/2023. (Sullivan, Christopher) |
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Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN
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Att: 2
Certificate of Service
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| Friday, March 31, 2023 | ||
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order
Judge Docket Order
Fri 03/31 12:53 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on April 6, 2023 for a continued scheduling conference. The court has reviewed the record of this action. Based on that analysis, the court finds and concludes that Plaintiff Michael Goldberg served Defendants Junella Swendeman and Colleen Mullin with process in compliance with Fed. R. Bankr. P. 7004(b)(1). Pursuant to Fed. R. Bankr. P. 7012(a), Ms. Swendeman's and Ms. Mullin's answers or other initial responsive pleadings were due no later than March 6, 2023. Nothing has been filed. Accordingly, the court ORDERS as follows: (1) Within 10 court days following issuance of this Docket Text Order, Plaintiff shall file a request for entry of Ms. Swendeman's and Ms. Mullin's defaults, pursuant to Fed. R. Bankr. P. 7055 and Fed. R. Civ. P. 55(a). (2) Within 30 days after the Clerk of Court has entered Ms. Swendeman's and Ms. Mullin's defaults, Plaintiff shall file a motion for default judgment pursuant to Fed. R. Bankr. P. 7055 and Fed. R. Civ. P. 55(b)(2). (3) The scheduling conference is hereby continued to June 15, 2023 at 2:00 p.m. (4) The continued scheduling conference will convene via Zoom. The court encourages all interested parties to consult the court"s website for information about court operations during the COVID-19 pandemic. The court's website also offers information explaining how to arrange an appearance at a video hearing. If you have questions about court operations or how to participate in a video hearing, you may contact the court by calling 888-821-7607 or by using the Live Chat feature on the court's website. (5) Any unexcused failure to timely comply with this Docket Text Order will result in the imposition of sanctions against Plaintiff's counsel. . (age) |
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order
Judge Docket Order
Fri 03/31 12:55 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on April 6, 2023 for a continued scheduling conference. Pursuant to Fed. R. Bankr. P. 7004(a)(1)/Fed. R. Civ. P. 4(m), the court must dismiss the action if service is not accomplished within 90 days after the filing of the complaint (here, October 23, 2022). The court has reviewed the record of this action. Based on that analysis, the court finds and concludes that Plaintiff Michael Goldberg has failed to serve Defendant Crystal Anderson within 90 days of the filing of the complaint. Accordingly, the court ORDERS that Defendant Crystal Anderson is hereby DISMISSED from this adversary proceeding. . (ag) |
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court
Hearing Continued/Rescheduled
Fri 03/31 1:10 PM
Hearing Continued Hearing scheduled for 06/15/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing continued per order issued on 3/31/23.) (ds) |
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| Friday, February 10, 2023 | ||
| 18 | 18
cmp
Summons Service Executed
Fri 02/10 3:50 PM
Third Amended Summons Service Executed on Colleen Mullin 2/10/2023; Junella Swendeman 2/10/2023 . (Sullivan, Christopher) |
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| Friday, February 03, 2023 | ||
| 17 | 17
court
Alias Summons Issued
Fri 02/03 4:18 PM
Third Alias Summons Issued on Crystal Anderson Date Issued 2/3/2023, Answer Due 3/6/2023; Colleen Mullin Date Issued 2/3/2023, Answer Due 3/6/2023; Junella Swendeman Date Issued 2/3/2023, Answer Due 3/6/2023 . Scheduling Conference scheduled for 4/6/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (rs) Modified on 2/3/2023 (rs) |
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cmp
Request for Alias Summons to be Issued
Fri 02/03 1:55 PM
Third Amended Request for Alias Summons to be Issued on all defendants. Reason: Correct service. (Sullivan, Christopher) |
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| Wednesday, November 30, 2022 | ||
| 16 | 16
misc
Statement
Wed 11/30 11:47 AM
Statement of of Plaintiff In Response To November 17, 2022 Docket Text Order . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher) |
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| 15 | 15
cmp
Summons Service Executed
Wed 11/30 11:43 AM
Summons Service Executed on Colleen Mullin 11/30/2022; Junella Swendeman 11/30/2022 . (Sullivan, Christopher) |
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| Monday, November 21, 2022 | ||
| 14 | 14
court
Summons Issued
Mon 11/21 1:22 PM
Second Summons Issued on Crystal Anderson Answer Due 12/21/2022; Colleen Mullin Answer Due 12/21/2022; Junella Swendeman Answer Due 12/21/2022 . Scheduling Conference scheduled for 2/9/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (rdr) |
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| 13 | 13
court
Summons Issued
Mon 11/21 1:05 PM
Second Alias Summons Issued on Crystal Anderson Answer Due 12/21/2022; Colleen Mullin Answer Due 12/21/2022; Junella Swendeman Answer Due 12/21/2022 . Scheduling Conference scheduled for 2/2/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (rdr) DEFECTIVE ENTRY: (1) The BNC notice will not be generated. (2) Clerk docketed in error. Modified on 11/21/2022 (rdr) |
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| Friday, November 18, 2022 | ||
| 12 | 12
audio
audio
Fri 11/18 10:30 PM
The Audio File attached to the PDF includes several hearings. Court Date & Time [ 11/17/2022 2:00:00 PM ]. File Size [ 18794 KB ]. Run Time [ 00:19:35 ]. (admin) |
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cmp
Request for Alias Summons to be Issued
Fri 11/18 3:09 PM
Request for Alias Summons to be Issued on Crystal Anderson, Colleen Mullin, Junella Swendeman. Reason: Correct service. . (Sullivan, Christopher) |
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| Thursday, November 17, 2022 | ||
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court
Hearing Continued/Rescheduled
Thu 11/17 3:17 PM
Hearing Continued Hearing scheduled for 02/09/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (After hearing, hearing continued. Plaintiff to request an alias summons and serve it by 11/30/22. Parties to file a discovery plan by 2/2/23. Court to issue docket text order. Appearance: Roxanne Bahadurji) (ds) Modified on 11/17/2022 (ds) |
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order
Judge Docket Order
Thu 11/17 3:42 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding came before the court on November 17, 2022 for a scheduling conference. Appearances were as noted on the record. As stated on the record, the court finds and concludes that service of process on Defendants Junella Swendeman, Colleen Mullin, and Crystal Anderson did not comply with Fed. R. Bankr. P. 7004(b)(1). Accordingly, the court ORDERS as follows: (1) The scheduling conference is hereby CONTINUED to February 9, 2023 at 2:00 p.m. (2) The continued scheduling conference will convene via Zoom. The court encourages all interested parties to consult the court's website for information about court operations during the COVID-19 pandemic. The court's website also offers information explaining how to arrange an appearance at a video hearing. If you have questions about court operations or how to participate in a video hearing, you may contact the court by calling 888-821-7606 or by using the Live Chat feature on the court's website. (3) No later than November 30, 2022 , Plaintiff Michael Goldberg shall obtain an Alias Summons and shall serve all defendants with process in a manner that complies with Fed. R. Bankr. P. 7004 and/or Fed. R. Civ. P. 4. (4) If Mr. Goldberg does not timely obtain an Alias Summons or properly and timely serve Defendants with process as required by this order, the court will dismiss this proceeding without further notice or hearing, pursuant to Fed. R. Civ. P. 4(m) and Fed. R. Bankr. P. 7004(a)(1). (5) No later than February 2, 2023 , the parties shall file a discovery plan that, in addition to addressing the topics set forth in Fed. R. Civ. P. 26(f)(3)(A)-(F), shall set forth the parties' proposed (a) fact discovery deadline; (b) deadline for making initial expert disclosures pursuant to Fed. R. Civ. P. 26(a)(2); (c) deadline for making rebuttal expert disclosures, if any; (d) deadline for filing dispositive motions; and (e) date for a pre-trial conference, at which the court will set a trial date. (6) Failure to timely comply with this order will result in the imposition of sanctions against the non-compliant party and/or their counsel. . (ag) |
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| Thursday, November 10, 2022 | ||
| 11 | 11
misc
Status Conference Statement
Thu 11/10 5:25 PM
Status Conference Statement re: November 17, 2022 Scheduling Conference . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher) |
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Att: 1
Certificate of Service
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| Tuesday, October 18, 2022 | ||
| 10 | 10
notice
Notice
Tue 10/18 9:34 PM
Notice Regarding Change of Attorney Law Firm Association and Contact Information Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
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| Wednesday, August 03, 2022 | ||
| 9 | 9
1
pgs
cmp
Summons Service Executed
Wed 08/03 3:16 PM
Summons Service Executed on Crystal Anderson 8/2/2022; Colleen Mullin 8/2/2022; Junella Swendeman 8/2/2022 . (Sullivan, Christopher) |
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| Friday, July 29, 2022 | ||
| 8 | 8
court
BNC Certificate of Mailing
Fri 07/29 9:13 PM
BNC Certificate of Mailing . Notice Date 07/29/2022. (Admin.) |
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| Thursday, July 28, 2022 | ||
| 7 | 7
court
BNC Certificate of Mailing
Thu 07/28 9:12 PM
BNC Certificate of Mailing . Notice Date 07/28/2022. (Admin.) |
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| 6 | 6
court
BNC Certificate of Mailing
Thu 07/28 9:12 PM
BNC Certificate of Mailing . Notice Date 07/28/2022. (Admin.) |
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| 5 | 5
court
BNC Certificate of Mailing
Thu 07/28 9:12 PM
BNC Certificate of Mailing . Notice Date 07/28/2022. (Admin.) |
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| Wednesday, July 27, 2022 | ||
| 4 | 4
court
Alias Summons Issued
Wed 07/27 12:40 PM
Alias Summons Issued on Crystal Anderson Date Issued 7/27/2022, Answer Due 8/26/2022; Colleen Mullin Date Issued 7/27/2022, Answer Due 8/26/2022; Junella Swendeman Date Issued 7/27/2022, Answer Due 8/26/2022 . Scheduling Conference scheduled for 11/17/2022 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (klr) |
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| Tuesday, July 26, 2022 | ||
| 3 | 3
order
Discovery
Tue 07/26 10:48 AM
Order Regarding Initial Disclosures and Discovery Conference (klr) |
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| 2 | 2
court
Summons Issued
Tue 07/26 10:47 AM
Summons Issued on Crystal Anderson Answer Due 8/25/2022; Colleen Mullin Answer Due 8/25/2022; Junella Swendeman Answer Due 8/25/2022 . Scheduling Conference scheduled for 10/6/2022 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (klr) |
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| Monday, July 25, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 07/25 3:31 PM
Adversary case 22-03045 13 , 14 Complaint by Michael I. Goldberg against Junella Swendeman, Colleen Mullin, Crystal Anderson. Fee Amount $350. (Sullivan, Christopher) |
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Att: 1
AP Cover Sheet
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