Goldberg v. Cascio
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-03064 |
| 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: | Jul 10, 2023 |
| Last checked: never |
|
Defendant
Joseph Cascio, in his capacity as Trustee of the Joseph Rizzo Estate Trust
|
Represented By
|
|
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
|
| Docket last updated: 04/24/2025 1:06 PM PDT |
| Monday, July 10, 2023 | ||
|
court
Close Adversary Case
Mon 07/10 11:44 AM
Adversary Case Closed 3:22-ap-3064. (pw) |
||
| Wednesday, July 05, 2023 | ||
|
misc
Document
Wed 07/05 10:30 PM
Returned Mail: Mail originally sent on 06/25/2023 returned as undeliverable. Returned Mail: The following order sent to Joseph Cascio 16842 Coronado Rd. Goodyear, AZ 85395-2553 on 06/25/2023 was returned as undeliverable: Could not mail Forms Default JudgmentOrder on Motion for Default Judgment to: (ADI Administrator court) |
||
| Sunday, June 25, 2023 | ||
| 16 | 16
court
BNC Certificate of Mailing - Electronic Order
Sun 06/25 9:13 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 06/25/2023. (Admin.) |
|
| 15 | 15
court
BNC Certificate of Mailing - Electronic Order
Sun 06/25 9:13 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 06/25/2023. (Admin.) |
|
| Friday, June 23, 2023 | ||
| 14 | 14
2
pgs
order
Default Judgment
Fri 06/23 6:24 PM
Judgment (ds) |
|
| 13 | 13
order
Default Judgment
Fri 06/23 6:22 PM
Order Granting Plaintiff's Motion For Default Judgment (ds) |
|
|
court
Hearing Dropped
Fri 06/23 6:26 PM
Hearing Dropped (Hearing of 7/6/23 vacated. Judgment issued on 6/23/23.) (ds) |
||
| Wednesday, June 14, 2023 | ||
|
order
Judge Docket Order
Wed 06/14 3:05 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding comes before the court on a motion for default judgment (Dkt. 11; the "Motion") filed by Plaintiff Michael I. Goldberg, as Trustee for the PFI Trust. On October 4, 2022, the Clerk of Court entered a default against Defendant Joseph Cascio (as Trustee of the Joseph Rizzo Estate Trust) (Dkt. 8). On May 8, 2023, the court ordered Mr. Goldberg to file a supplemental declaration, no later than May 30, 2023, in support of the Motion that introduces and authenticates evidence sufficient to prove the existence and amount of disbursements within seven years prior to the filing of the bankruptcy petition. Mr. Goldberg timely complied (See Dkt. 12). The court has carefully analyzed the Motion and all evidence submitted in support thereof and 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. 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, which applies here pursuant to 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) |
||
| Tuesday, May 30, 2023 | ||
| 12 | 12
misc
Declaration
Tue 05/30 2:01 PM
Supplemental Declaration of Christopher D. Sullivan in Support of Motion for Default Judgment . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher) |
|
| Monday, May 08, 2023 | ||
|
order
Judge Docket Order
Mon 05/08 12:04 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding comes before the court on a motion for default judgment (Dkt. 11; the "Motion") filed by Plaintiff Michael I. Goldberg, as Trustee for the PFI Trust. On October 4, 2022, the Clerk of Court entered a default against Defendant Joseph Cascio (as Trustee of the Joseph Rizzo Estate Trust) (Dkt. 8). Mr. Cascio has 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 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 has not provided evidence sufficient to prove that Defendant received disbursements in excess of the principal investment within seven years prior to the filing of the bankruptcy petition (the "Claw-Back Period"). Because the evidence introduced so far shows only the total investments made since 2007, the court is unable to distinguish between disbursements made within the Claw-Back Period and those made outside of the Claw-Back Period. Accordingly, the court ORDERS as follows: (1) Mr. Goldberg shall file no later than May 30, 2023 a supplemental declaration in support of the Motion that introduces and authenticates evidence sufficient to prove the existence and amount of disbursements within the Claw-Back Period. (2) Any unexcused failure to timely comply with this order will result in denial of the Motion. . (Fuchs, Cheyanna) |
||
| Friday, April 28, 2023 | ||
| 11 | 11
motion
Default Judgment
Fri 04/28 3:09 PM
Motion for Default Judgment Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
|
|
Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN
|
||
|
Att: 2
DECLARATION OF MICHELLE HERMAN
|
||
|
Att: 3
Certificate of Service
|
||
| Friday, February 10, 2023 | ||
|
order
Judge Docket Order
Fri 02/10 2:35 PM
DOCKET TEXT ORDER (no separate order issued:) This adversary proceeding is set to come before the court on February 16, 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. 10; 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. Based on the representations made in the Request, the court orders as follows: (1) Plaintiff shall file a motion for default judgment pursuant Fed. R. Civ. P. 55(b)(2)/Fed. R. Bankr. P. 7055 no later than April 28, 2023; (2) The scheduling conference is hereby continued to July 6, 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 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. (3) Failure to timely comply with these deadlines may result in the imposition of sanctions against Plaintiff and/or Plaintiff's counsel and/or dismissal of this action with prejudice and without further notice or hearing. . (Fuchs, Cheyanna) |
||
|
court
Hearing Continued/Rescheduled
Fri 02/10 3:48 PM
Hearing Continued Hearing scheduled for 07/06/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing of 2/16/23 continued per the order issued on 2/10/23.) (ds) |
||
| Thursday, February 09, 2023 | ||
| 10 | 10
misc
Status Conference Statement
Thu 02/09 7:37 PM
Status Conference Statement . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher) |
|
|
Att: 1
Certificate of Service
|
||
| Thursday, October 06, 2022 | ||
| 9 | 9
court
BNC Certificate of Mailing - Clerk's Entry of Default
Thu 10/06 9:10 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 10/06/2022. (Admin.) |
|
| Tuesday, October 04, 2022 | ||
| 8 | 8
1
pgs
court
Clerk's Entry of Default
Tue 10/04 10:00 AM
Clerk's Entry of Default as to Defendant Joseph Cascio . (ds) |
|
| Thursday, September 29, 2022 | ||
| 7 | 7
misc
Request For Clerk's Default
Thu 09/29 4:32 PM
Request for Clerk's Default Re: September 19, 2022 Docket Text Order . Filed by Plaintiff Michael I. Goldberg Clerks Entry of Default due by 10/13/2022. (Sullivan, Christopher) |
|
|
Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN IN SUPPORT OF PLAINTIFFS REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANTS
|
||
|
Att: 2
Certificate of Service
|
||
| Tuesday, September 27, 2022 | ||
| 6 | 6
notice
Notice
Tue 09/27 4:32 PM
Notice Regarding CHANGE OF ATTORNEY LAW FIRM ASSOCIATION AND CONTACT INFORMATION Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
|
| Monday, September 19, 2022 | ||
|
order
Judge Docket Order
Mon 09/19 1:09 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on December 15, 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 Joseph Cascio in his capacity as Trustee of the Joseph Rizzo Estate Trust with process in compliance with Fed. R. Bankr. P. 7004(b)(1). Pursuant to Fed. R. Bankr. P. 7012(a), Defendant'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 Defendant'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 Defendant'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 16, 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. . (Fuchs, Cheyanna) |
||
|
court
Hearing Continued/Rescheduled
Mon 09/19 1:36 PM
Hearing Continued Hearing scheduled for 02/16/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing of 12/15/22 continued per the order filed on 9/19/22.) (ds) |
||
| Wednesday, August 03, 2022 | ||
| 5 | 5
1
pgs
cmp
Summons Service Executed
Wed 08/03 3:09 PM
Summons Service Executed on Joseph Cascio 8/2/2022 . (Sullivan, Christopher) NOTE: Missing case number. Modified on 8/4/2022 (pw) |
|
| Wednesday, July 27, 2022 | ||
| 4 | 4
court
Alias Summons Issued
Wed 07/27 11:27 AM
Alias Summons Issued on Joseph Cascio Date Issued 7/27/2022, Answer Due 8/26/2022 . Scheduling Conference scheduled for 12/15/2022 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (ka) |
|
| Tuesday, July 26, 2022 | ||
| 3 | 3
order
Discovery
Tue 07/26 9:26 AM
Order Regarding Initial Disclosures and Discovery Conference (ka) |
|
| 2 | 2
court
Summons Issued
Tue 07/26 9:26 AM
Summons Issued on Joseph Cascio 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. (ka) |
|
| Monday, July 25, 2022 | ||
| 1 | 1
14
pgs
cmp
Complaint
Mon 07/25 5:47 PM
Adversary case 22-03064 13 , 14 Complaint by Michael I. Goldberg against Joseph Cascio. Fee Amount $350. (Sullivan, Christopher) |
|
|
Att: 1
AP Cover Sheet
|
||