Goldberg v. Beatty 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-03068 |
| 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: | Sep 28, 2023 |
| Last checked: never |
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Defendant
Colin Beatty
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Represented By
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Defendant
Mary Beatty
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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 |
| Thursday, September 28, 2023 | ||
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court
Close Adversary Case
Thu 09/28 8:19 PM
Adversary Case Closed 3:22-ap-3068. (klr) |
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| Thursday, September 14, 2023 | ||
| 21 | 21
court
BNC Certificate of Mailing - Electronic Order
Thu 09/14 9:13 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 09/14/2023. (Admin.) |
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| 20 | 20
court
BNC Certificate of Mailing - Electronic Order
Thu 09/14 9:13 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 09/14/2023. (Admin.) |
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| Tuesday, September 12, 2023 | ||
| 19 | 19
order
Default Judgment
Tue 09/12 5:36 PM
Judgment (ds) |
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| 18 | 18
order
Default Judgment
Tue 09/12 5:34 PM
Order Granting Plaintiff's Motion For Default Judgment (ds) |
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court
Hearing Dropped
Tue 09/12 5:38 PM
Hearing Dropped (Hearing of 10/5/23 vacated. Judgment entered on 9/12/23.) (ds) Modified on 9/12/2023 (ds) |
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| Tuesday, August 29, 2023 | ||
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order
Judge Docket Order
Tue 08/29 11:08 AM
DOCKET TEXT ORDER (no separate order issued:) This proceeding comes before the court on a motion for default judgment (Dkt. 17; the "Motion") filed by Plaintiff Michael I. Goldberg, as Trustee for the PFI Trust. On June 2, 2023, the Clerk of Court entered defaults against Defendants Colin Beatty and Mary Beatty (Dkt. 14). The Beattys 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, 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. . (ag) |
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| Wednesday, June 28, 2023 | ||
| 17 | 17
motion
Default Judgment
Wed 06/28 9:59 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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| Wednesday, June 07, 2023 | ||
| 16 | 16
court
BNC Certificate of Mailing - Electronic Order
Wed 06/07 9:14 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 06/07/2023. (Admin.) |
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| 15 | 15
court
BNC Certificate of Mailing - Clerk's Entry of Default
Wed 06/07 9:14 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 06/07/2023. (Admin.) |
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| Friday, June 02, 2023 | ||
| 14 | 14
1
pgs
court
Clerk's Entry of Default
Fri 06/02 6:51 PM
Clerk's Entry of Default as to Defendants Colin Beatty , Mary Beatty . (ds) |
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| 13 | 13
order
Continue Hearing
Fri 06/02 6:43 PM
Order Vacating Order to Show Cause, Setting Deadlines, and Continuing Scheduling Conference . Hearing scheduled for 10/5/2023 at 02:00 PM Tele/Videoconference - www.canb.uscourts.gov/calendars for 1 , . (ds) |
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| Thursday, June 01, 2023 | ||
| 12 | 12
misc
Response
Thu 06/01 4:40 PM
Response to Order to Show Cause . Filed by Plaintiff Michael I. Goldberg (Sullivan, Christopher) |
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| 11 | 11
misc
Request For Clerk's Default
Thu 06/01 4:37 PM
Request for Clerk's Default Re: . Filed by Plaintiff Michael I. Goldberg Clerks Entry of Default due by 06/15/2023. (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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| Wednesday, May 17, 2023 | ||
| 10 | 10
order
Show Cause
Wed 05/17 3:35 PM
Order To Show Cause . Show Cause hearing scheduled for 6/8/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (ds) |
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| Saturday, February 25, 2023 | ||
| 9 | 9
court
BNC Certificate of Mailing - Electronic Order
Sat 02/25 9:12 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 02/25/2023. (Admin.) |
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| Thursday, February 23, 2023 | ||
| 8 | 8
order
Continue Hearing
Thu 02/23 11:56 AM
Scheduling Order . Scheduling Conference continued to 6/8/2023 at 02:00 PM Tele/Videoconference - www.canb.uscourts.gov/calendars for 1 , . (ds) |
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| Monday, September 26, 2022 | ||
| 7 | 7
misc
Statement
Mon 09/26 4:26 PM
Statement of PLAINTIFF NOTIFYING THE COURT OF COMMUNICATIONS WITH DEFENDANT IN RESPONSE TO THE SEPTEMBER 16, 2022 TEXT DOCKET 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 5:31 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 5:52 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on December 22, 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 Defendants Colin Beatty and Mary Beatty with process in compliance with Fed. R. Bankr. P. 7004(b)(1). Pursuant to Fed. R. Bankr. P. 7012(a), Mr. Beatty and Ms. Beatty'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. Beatty and Ms. Beatty'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. Beatty and Ms. Beatty'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 March 2, 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 7:30 PM
Hearing Continued Hearing scheduled for 03/02/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing of 12/22/22 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 3:03 PM
Summons Service Executed on Colin Beatty 8/2/2022; Mary Beatty 8/2/2022 . (Sullivan, Christopher). NOTE: Missing case number. Modified on 8/4/2022 (rs) |
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| Wednesday, July 27, 2022 | ||
| 4 | 4
court
Alias Summons Issued
Wed 07/27 2:20 PM
Alias Summons Issued on Colin Beatty Date Issued 7/27/2022, Answer Due 8/26/2022; Mary Beatty Date Issued 7/27/2022, Answer Due 8/26/2022 . Scheduling Conference scheduled for 12/22/2022 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 1:27 PM
Summons Issued on Colin Beatty Answer Due 8/25/2022; Mary Beatty 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 1:25 PM
Order Regarding Initial Disclosures and Discovery Conference (jmb) |
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| Monday, July 25, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 07/25 6:02 PM
Adversary case 22-03068 13 , 14 Complaint by Michael I. Goldberg against Colin Beatty, Mary Beatty. Fee Amount $350. (Sullivan, Christopher) |
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Att: 1
AP Cover Sheet
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