Goldberg v. Fields 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-03079 |
| Nature of Suit | 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Jul 26, 2022 |
| Terminated: | Jul 13, 2023 |
| Last checked: never |
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Defendant
Sandy Fields, in her capacity as trustee for the Sandy Fields Revocable Living Trust
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Represented By
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Defendant
Sandy Fields, Inc.
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Represented By
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Plaintiff
Michael I. Goldberg, 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 |
| Friday, July 14, 2023 | ||
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misc
Document
Fri 07/14 10:30 PM
Returned Mail: Mail originally sent on 06/29/2023 returned as undeliverable. Returned Mail: The following order sent to Sandy Fields Inc. President & Agent for Service of Process 76 Overlood Rd. Point Reyes, CA 94956 on 06/29/2023 was returned as undeliverable: Could not mail Forms Default JudgmentOrder on Motion for Default Judgment to: (ADI Administrator court); Returned Mail: The following order sent to Sandy Fields Inc. President and Agent for Service of Process 76 Overlook Rd. Point Reyes, CA 94956 on 06/29/2023 was returned as undeliverable: Could not mail Forms Default JudgmentOrder on Motion for Default Judgment to: (ADI Administrator court); Returned Mail: The following order sent to Sandy Fields pf Successor Trustee for Sandy Fields Revocable Living Trust 75 Overlook Rd. Point Reyes, CA 94956 on 06/29/2023 was returned as undeliverable: Could not mail Forms Default JudgmentOrder on Motion for Default Judgment to: (ADI Administrator court); Returned Mail: The following order sent to Sandy Fields pr Successor Trustee for Sandy Fields Revocable Living Trust 75 Overlook Rd. Point Reyes, CA 94956 on 06/29/2023 was returned as undeliverable: Could not mail Forms Default JudgmentOrder on Motion for Default Judgment to: (ADI Administrator court) |
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| Thursday, July 13, 2023 | ||
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court
Close Adversary Case
Thu 07/13 2:58 PM
Adversary Case Closed 3:22-ap-3079. (lj) |
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| Thursday, June 29, 2023 | ||
| 25 | 25
court
BNC Certificate of Mailing - Electronic Order
Thu 06/29 9:12 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 06/29/2023. (Admin.) |
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| 24 | 24
court
BNC Certificate of Mailing - Electronic Order
Thu 06/29 9:12 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 06/29/2023. (Admin.) |
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| Tuesday, June 27, 2023 | ||
| 23 | 23
2
pgs
order
Default Judgment
Tue 06/27 3:39 PM
Judgment (ds) |
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| 22 | 22
order
Default Judgment
Tue 06/27 3:34 PM
Order Granting Plaintiff's Motion For Default Judgment (ds) |
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court
Hearing Dropped
Tue 06/27 3:44 PM
Hearing Dropped (Hearing of 7/13/23 vacated. Judgment entered on 6/27/23.) (ds) |
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| Wednesday, June 14, 2023 | ||
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order
Judge Docket Order
Wed 06/14 3:24 PM
DOCKET TEXT ORDER (no separate order issued:) This proceeding comes before the court on a motion for default judgment (Dkt. 21; the "Motion") filed by Plaintiff Michael I. Goldberg, as Trustee for the PFI Trust. On March 29, 2023, the Clerk of Court entered defaults against Defendants Sandy Fields, as Trustee for the Sandy Fields Revocable Living Trust, and Sandy Fields, Inc. (Dkt. 19). Defendants 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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| Friday, May 26, 2023 | ||
| 21 | 21
motion
Default Judgment
Fri 05/26 10:48 AM
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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| Thursday, April 06, 2023 | ||
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misc
Document
Thu 04/06 10:30 PM
Returned Mail: Mail originally sent on 03/17/2023 returned as undeliverable. Returned Mail: The following order sent to Sandy Fields 76 Overlook Rd. Point Reyes, CA 94956 on 03/17/2023 was returned as undeliverable: Order to Continued Hearing (ADI Administrator court) |
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| Friday, March 31, 2023 | ||
| 20 | 20
court
BNC Certificate of Mailing - Clerk's Entry of Default
Fri 03/31 9:13 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 03/31/2023. (Admin.) |
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| Wednesday, March 29, 2023 | ||
| 19 | 19
court
Clerk's Entry of Default
Wed 03/29 6:07 PM
Clerk's Entry of Default as to Defendants Sandy Fields , Sandy Fields, Inc. . (ds) |
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| 18 | 18
misc
Request For Clerk's Default
Wed 03/29 4:49 PM
Request for Clerk's Default Re: . Filed by Plaintiff Michael I. Goldberg Clerks Entry of Default due by 04/12/2023. (Sullivan, Christopher) |
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Att: 1
DECLARATION OF CHRISTOPHER D. SULLIVAN IN SUPPORT OF PLAINTIFFS REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANT
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Att: 2
Certificate of Service
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| Friday, March 17, 2023 | ||
| 17 | 17
court
BNC Certificate of Mailing - Electronic Order
Fri 03/17 9:10 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 03/17/2023. (Admin.) |
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| Wednesday, March 15, 2023 | ||
| 16 | 16
order
Continue Hearing
Wed 03/15 9:18 AM
Order Continuing Scheduling Conference . Hearing scheduled for 7/13/2023 at 02:00 PM Tele/Videoconference - www.canb.uscourts.gov/calendars for 1 , . (ds) |
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| Thursday, January 19, 2023 | ||
| 15 | 15
cmp
Summons Service Executed
Thu 01/19 5:22 PM
Summons Service Executed on Michael I. Goldberg 1/18/2023 . (Sullivan, Christopher) |
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| Wednesday, January 18, 2023 | ||
| 14 | 14
court
Alias Summons Issued
Wed 01/18 12:26 PM
Alias Summons Issued on Sandy Fields Date Issued 1/18/2023, Answer Due 2/17/2023; Sandy Fields, Inc. Date Issued 1/18/2023, Answer Due 2/17/2023 . Scheduling Conference scheduled for 3/30/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (pw) |
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cmp
Request for Alias Summons to be Issued
Wed 01/18 9:22 AM
Request for Alias Summons to be Issued on Sandy Fields, Sandy Fields, Inc.. Reason: Correct service. . (Sullivan, Christopher) |
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| Thursday, January 05, 2023 | ||
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order
Judge Docket Order
Thu 01/05 4:51 PM
DOCKET TEXT ORDER (no separate order issued:) Plaintiff Michael I. Goldberg commenced this adversary proceeding on July 26, 2022. On November 21, 2022, the Clerk's Office issued an Alias Summons. Service of the summons must be completed within 7 days of its issuance per Fed. R. Bankr. P. 7004(e). Mr. Goldberg did not serve the summons upon Defendants Sandy Fields (as trustee for the Sandy Fields Revocable Living Trust) and Sandy Fields, Inc. until December 2, 2022. Accordingly, the court orders as follows: (1) The scheduling conference currently set for February 2, 2023 is hereby continued to March 30, 2023 at 2:00 p.m. (2) The March 30, 2023 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 January 19, 2023, Mr. Goldberg shall request another Alias Summons and re-serve the Defendants with process in a manner than complies with Fed. R. Bankr. P. 7004. (4) Assuming timely compliance with this order, and assuming Defendants timely answer Plaintiff's complaint, the parties shall calculate the deadlines set forth in Fed. R. Civ. P. 26(a)(1)(C), (f)(1), and (f)(2), which apply in this action pursuant to Fed. R. Bankr. P. 7026, from March 30, 2023. . (ag) |
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court
Hearing Continued/Rescheduled
Thu 01/05 4:54 PM
Hearing Continued Hearing scheduled for 03/30/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (ds) |
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| Friday, December 02, 2022 | ||
| 13 | 13
cmp
Summons Service Executed
Fri 12/02 4:09 PM
Alias Summons Service Executed on Michael I. Goldberg 12/2/2022 . (Sullivan, Christopher) |
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| Monday, November 21, 2022 | ||
| 12 | 12
court
Alias Summons Issued
Mon 11/21 1:37 PM
Alias Summons Issued on Sandy Fields Date Issued 11/21/2022, Answer Due 12/21/2022; Sandy Fields, Inc. Date Issued 11/21/2022, 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. (dc) |
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| Friday, November 18, 2022 | ||
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cmp
Request for Alias Summons to be Issued
Fri 11/18 1:34 PM
Request for Alias Summons to be Issued on all defendants. Reason: Correct service. . (Sullivan, Christopher) |
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| Tuesday, November 08, 2022 | ||
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order
Judge Docket Order
Tue 11/08 9:15 AM
DOCKET TEXT ORDER (no separate order issued:) Plaintiff Michael I. Goldberg commenced this adversary proceeding on July 26, 2022. On August 4, 2022, Mr. Goldberg filed a certificate of service (Dkt. 9) indicating that Defendants Sandy Fields (as Trustee for the Sandy Fields Revocable Trust) and Sandy Fields, Inc. were served with process by first class mail directed to attorney David Dormant. The record of this action does not include any evidence that Mr. Dormant has entered an appearance or otherwise agreed to accept service on Defendants' behalf. Accordingly, it does not appear that Mr. Goldberg has properly served Defendants with process ( In re Villar , 317 B.R. 88, 93 (B.A.P 9th Cir. 2004)), but the court will give Mr. Goldberg an opportunity to explain. Accordingly, the court orders as follows: (1) The scheduling conference currently set for January 12, 2023 is hereby continued to February 2, 2023 at 2:00 p.m. (2) The February 2, 2023 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 December 2, 2022, Plaintiff's counsel shall (a) file a declaration that explains why service on Mr. Dormant constitutes good service on the Defendants; or (b) obtain an Alias Summons and serve Defendants with process in a manner than complies with Fed. R. Bankr. P. 7004. (4) Assuming timely compliance with this order and assuming Defendants timely answer Plaintiff's complaint, the parties shall calculate the deadlines set forth in Fed. R. Civ. P. 26(a)(1)(C), (f)(1), and (f)(2), which apply in this action pursuant to Fed. R. Bankr. P. 7026, from February 2, 2023. . (Giang, Alice) |
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court
Hearing Continued/Rescheduled
Tue 11/08 9:18 AM
Hearing Continued Hearing scheduled for 02/02/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (Hearing of 1/12/23 continued per the order entered on 11/8/22.) (ds) |
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| Tuesday, October 18, 2022 | ||
| 11 | 11
notice
Notice
Tue 10/18 9:42 PM
Notice Regarding CHANGE OF ATTORNEY LAW FIRM ASSOCIATION AND CONTACT INFORMATION Filed by Plaintiff Michael I. Goldberg. (Sullivan, Christopher) |
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| Monday, October 10, 2022 | ||
| 10 | 10
misc
Request for Notice
Mon 10/10 10:19 PM
Request for Notice Filed by Attorney Jen Lee Law, Inc. (Tche, Connie) |
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| Thursday, August 04, 2022 | ||
| 9 | 9
1
pgs
cmp
Summons Service Executed
Thu 08/04 3:39 PM
Summons Service Executed on Sandy Fields 8/4/2022; Sandy Fields, Inc. 8/4/2022 . (Sullivan, Christopher) NOTE: Missing case number. Modified on 8/5/2022 (lj) |
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| Saturday, July 30, 2022 | ||
| 8 | 8
court
BNC Certificate of Mailing
Sat 07/30 9:10 PM
BNC Certificate of Mailing . Notice Date 07/30/2022. (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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| 4 | 4
court
Alias Summons Issued
Thu 07/28 9:23 AM
Alias Summons Issued on Sandy Fields Date Issued 7/28/2022, Answer Due 8/29/2022; Sandy Fields, Inc. Date Issued 7/28/2022, Answer Due 8/29/2022 . Scheduling Conference scheduled for 1/12/2023 at 02:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (ckk) |
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| Tuesday, July 26, 2022 | ||
| 3 | 3
order
Discovery
Tue 07/26 4:05 PM
Order Regarding Initial Disclosures and Discovery Conference (ckk) |
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| 2 | 2
court
Summons Issued
Tue 07/26 4:04 PM
Summons Issued on Sandy Fields 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. (ckk) |
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| 1 | 1
cmp
Complaint
Tue 07/26 1:59 PM
Adversary case 22-03079 13 , 14 Complaint by Michael I. Goldberg against Sandy Fields. Fee Amount $350. (Sullivan, Christopher) |
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Att: 1
AP Cover Sheet
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