Goldberg v. Goddard
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-03048 |
| 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: | May 30, 2023 |
| Last checked: never |
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Defendant
Sean Goddard, in his capacity as Trustee for the Nancy Goddard Trust, an individual
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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: 04/24/2025 1:06 PM PDT |
| Tuesday, May 30, 2023 | ||
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court
Close Adversary Case
Tue 05/30 9:59 AM
Adversary Case Closed 3:22-ap-3048. (rs) |
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| Wednesday, May 17, 2023 | ||
| 18 | 18
court
BNC Certificate of Mailing - Electronic Order
Wed 05/17 9:12 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 05/17/2023. (Admin.) |
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| 17 | 17
court
BNC Certificate of Mailing - Electronic Order
Wed 05/17 9:12 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 05/17/2023. (Admin.) |
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| Friday, May 12, 2023 | ||
| 16 | 16
3
pgs
order
Judgment on Complaint
Fri 05/12 8:01 PM
Judgment . Case Management Action due after 5/26/2023. (ds) |
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| 15 | 15
order
Default Judgment
Fri 05/12 7:59 PM
Order Granting Plaintiff's Motion For Default Judgment (ds) |
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court
Hearing Dropped
Fri 05/12 8:04 PM
Hearing Dropped (Hearing on 6/22/23 vacated. Judgment issued on 5/12/23.) (ds) |
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| Thursday, May 04, 2023 | ||
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order
Judge Docket Order
Thu 05/04 4:05 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding comes before the court on a motion for default judgment (Dkt. 14; the "Motion") filed by Plaintiff Michael I. Goldberg, as Trustee for the PFI Trust. On October 8, 2022, the Clerk of Court entered a default against Defendant Sean Goddard, as Trustee for the Nancy Goddard Trust (Dkt. 11). Mr. Goddard has not answered Mr. Goldbergs complaint or otherwise participated in this action. Accordingly, the court finds and concludes that Mr. Goldberg was not required to give him 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 courts 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. Goldbergs 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. . (ag) Modified on 5/5/2023 (ds) |
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| Friday, March 31, 2023 | ||
| 14 | 14
motion
Default Judgment
Fri 03/31 4:27 PM
Motion for Default Judgment Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
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Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT
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Att: 2
Certificate of Service
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| Friday, February 03, 2023 | ||
| 13 | 13
misc
Status Conference Statement
Fri 02/03 3:59 PM
Status Conference Statement . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher) |
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Att: 1
Certificate of Service
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order
Judge Docket Order
Fri 02/03 4:58 PM
DOCKET TEXT ORDER (no separate order issued:) This adversary proceeding is set to come before the court on February 9, 2023 for a continued scheduling conference. Plaintiff Michael I. Goldberg has filed a Scheduling Conference Statement and Request to Continue (1) the Scheduling Conference; and (2) the Deadline to File a Motion for Default Judgment, pursuant to Fed. R. Civ. P. 55(b)(2)/Fed. R. Bankr. P. 7055 (Dkt. 13; the "Request"). The court has carefully analyzed the Request and is generally amenable to the extended deadline and to a further continuance of the scheduling conference. But it notes that the extended deadline and continued scheduling conference date are the same as those set forth in several orders entered on February 2, 2023 in related adversary proceedings. The court simply does not have the resources to promptly address an avalanche of motions for default judgment all filed on the same date. Accordingly, the court orders as follows: (1) Plaintiff shall file a motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(2)/Fed. R. Bankr. P. 7055 no later than March 31, 2023; (2) The scheduling conference is hereby continued to June 22, 2023 at 2:00 p.m. The continued scheduling conference will convene via Zoom. The court encourages all interested parties to consult the court's website for information about the status of 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) Failure to timely comply with these deadlines may result in the imposition of sanctions against Plaintiff and/or Plaintiff's counsel. . (ag) |
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court
Hearing Continued/Rescheduled
Fri 02/03 5:11 PM
Hearing Continued Hearing scheduled for 06/22/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing continued per order issued on 2/3/23.) (ds) |
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| Thursday, October 13, 2022 | ||
| 12 | 12
court
BNC Certificate of Mailing - Clerk's Entry of Default
Thu 10/13 9:15 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 10/13/2022. (Admin.) |
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| Saturday, October 08, 2022 | ||
| 11 | 11
court
Clerk's Entry of Default
Sat 10/08 3:31 PM
Clerk's Entry of Default as to Defendant Sean Goddard . (ds) |
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| Friday, October 07, 2022 | ||
| 10 | 10
misc
Request For Clerk's Default
Fri 10/07 4:04 PM
First Amended Request for Clerk's Default Re: September 16, 2022 Docket Text Order . Filed by Plaintiff Michael I. Goldberg Clerks Entry of Default due by 10/21/2022. (Sullivan, Christopher) |
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Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN IN SUPPORT OF PLAINTIFFS REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANTS
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Att: 2
Certificate of Service
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| Sunday, October 02, 2022 | ||
| 9 | 9
court
BNC Certificate of Mailing
Sun 10/02 9:10 PM
BNC Certificate of Mailing . Notice Date 10/02/2022. (Admin.) |
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| Friday, September 30, 2022 | ||
| 8 | 8
order
Defects in Request for Entry of Default
Fri 09/30 5:05 PM
Order Re Notice of Defects in Request for Entry of Default. . (lp) |
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| Monday, September 26, 2022 | ||
| 7 | 7
misc
Request For Entry of Default
Mon 09/26 3:17 PM
Request for Entry of Default Re: September 16, 2022 Docket Text Order . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher). Modified on 9/27/2022 (ka) |
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Att: 1
Certificate of Service
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| Friday, September 23, 2022 | ||
| 6 | 6
notice
Notice
Fri 09/23 1:52 PM
Notice Regarding CHANGE OF ATTORNEY LAW FIRM ASSOCIATION AND CONTACT INFORMATION Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
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| Friday, September 16, 2022 | ||
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order
Judge Docket Order
Fri 09/16 5:39 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on November 17, 2022 for a 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 Defendant Sean Goddard, in his capacity as Trustee of the Nancy Goddard Trust, with process in compliance with Fed. R. Bankr. P. 7004(b)(1). Pursuant to Fed. R. Bankr. P. 7012(a), Mr. Goddard's answer or other initial responsive pleading was due no later than August 26, 2022. Nothing has been filed. Accordingly, the court ORDERS as follows: (1) Within 10 court days following issuance of this Docket Text Order, Mr. Goldberg shall file a request for entry of Mr. Goddard's default, 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 Mr. Goddard's default, Mr. Goldberg 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 February 9, 2023 at 2:00 p.m. The continued scheduling conference will convene via Zoom. (4) 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. . (Giang, Alice) |
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court
Hearing Continued/Rescheduled
Fri 09/16 6:55 PM
Hearing Continued Hearing scheduled for 02/09/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing of 11/17/22 continued per order issued on 9/16/22.)(ds) |
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| Wednesday, August 03, 2022 | ||
| 5 | 5
1
pgs
cmp
Summons Service Executed
Wed 08/03 4:29 PM
Summons Service Executed on Sean Goddard 8/3/2022 . (Sullivan, Christopher) |
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| Wednesday, July 27, 2022 | ||
| 4 | 4
court
Alias Summons Issued
Wed 07/27 2:09 PM
Alias Summons Issued on Sean Goddard 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. (jmb) |
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| Tuesday, July 26, 2022 | ||
| 3 | 3
court
Summons Issued
Tue 07/26 1:13 PM
Summons Issued on Sean Goddard 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. (jmb) |
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| 2 | 2
order
Discovery
Tue 07/26 1:07 PM
Order Regarding Initial Disclosures and Discovery Conference (jmb) |
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| Monday, July 25, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 07/25 3:43 PM
Adversary case 22-03048 13 , 14 Complaint by Michael I. Goldberg against Sean Goddard. Fee Amount $350. (Sullivan, Christopher) |
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Att: 1
AP Cover Sheet
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