8/17/01 1 COMPLAINT filed;Filing Fee $150.00;Receipt #158604.(7) (lmr)
[Entry date 08/20/01]
8/17/01 2 SUMMONS(ES) issued for defendant Melody Wolcott
Gilliland.(1) (issued 1) (lmr) [Entry date 08/20/01]
8/17/01 1 DEMAND for jury trial by plaintiff Michael J Quilling. (7)
(lmr) [Entry date 08/20/01]
8/24/01 3 CERTIFICATE OF INTERESTED PERSONS AND ENTITIES by plaintiff
Michael J Quilling. (2) (lmr) [Entry date 08/27/01]
8/29/01 4 ORDER TRANSFERRING/REASSIGNING CASE to Judge Barbara M. G.
Lynn. ( Signed by Judge Jorge A. Solis) Copies to counsel:
08/30/01 Page(s): 1 (lmr) [Entry date 08/30/01]
[Edit date 08/31/01]
9/5/01 5 RETURN OF SERVICE executed as to defendant Melody Wolcott
Gilliland 8/23/01 via personal service. Answer due on
9/12/01 for Melody Wolcott Gilliland. (mlh)
[Entry date 09/06/01]
9/17/01 6 ANSWER to complaint by defendant Melody Wolcott Gilliland
(4) (mlh) [Entry date 09/18/01]
9/17/01 7 CERTIFICATE OF SERVICE Re: [6-1] answer by defendant Melody
Wolcott Gilliland (2) (mlh) [Entry date 09/18/01]
[Edit date 09/18/01]
9/18/01 8 STANDING ORDER on all non-dispositive motions. This order
shall govern the disposition of those motions. ( Signed by Magistrate Judge Jeff Kaplan )
Copies to counsel: 9/19/01 Page(s) 3 (djd)
[Entry date 09/19/01]
9/18/01 9 ORDER requiring attorney conference and joint status
report. Joint status report and proposed scheduling plan
due on 10/15/01. ( Signed by Magistrate Judge Jeff Kaplan
) Copies to counsel: 9/19/01 Page(s) 3 (djd)
[Entry date 09/19/01]
10/9/01 10 ORDER Wolcott and Quilling shall hold a telephone
conference by 10/17/01. Set joint status report due for
10/24/01. Set proposed scheduling and discovery order
deadline for 10/24/01. (Signed by Magistrate Judge Jeff
Kaplan ) Copies to counsel: 10.10.01 Page(s) 9 (mlh)
[Entry date 10/10/01]
10/19/01 11 JOINT PROPOSAL FOR CONTENTS of scheduling and discovery
order by plaintiff Michael J Quilling, defendant Melody
Wolcott Gilliland.(4) (lmr)
10/24/01 12 INITIAL SCHEDULING ORDER Deadline for filing of
dispositive motions 6/14/02; Discovery cutoff 5/14/02;
Amending of pleadings on 1/17/02; Joining of parties on
1/17/02. (Signed by Magistrate Judge Jeff Kaplan ) Copies
to counsel: 10.25.01 Page(s): 3 (aat) [Entry date 10/25/01]
11/1/01 13 CONSENT TO PROCEED BEFORE THE MAGISTRATE JUDGE by plaintiff
Michael J Quilling (1) (aat)
11/5/01 14 ORDER OF REASSIGNMENT Case reassigned to Magistrate Judge
Jeff Kaplan for the conduct of all further proceedings and
the entry of judgment in accordance with 28 U.S.C. Section
636(c) and the consent of the parties. (Signed by Judge
Barbara M. G. Lynn ) Copies to counsel: 11.6.01 Page(s):
1 (mlh) [Entry date 11/06/01]
12/4/01 15 FIRST INTERIM APPLICATION with memorandum in support by
plaintiff Michael J Quilling for payment of receiver's
fees & expenses & attorneys' fees & expenses (11) (Exhibit
not imaged.) (mlh) [Entry date 12/05/01]
12/6/01 16 ORDER SETTING HEARING: Motion hearing set for 9:00 1/25/02
for receiver's [15-1] motion for payment of receiver's fees
& expenses & attorneys' fees & expenses. Response to
motion set for 1/11/02 for receiver's [15-1] motion for
payment of receiver's fees & expenses & attorneys' fees &
expenses. ( Signed by Magistrate Judge Jeff Kaplan )
Copies to counsel: 12.7.01 Page(s): 2 (mlh)
[Entry date 12/07/01]
1/17/02 17 MOTION with memorandum in support by plaintiff Michael J
Quilling for summary judgment (7) (mlh)
[Entry date 01/18/02]
1/17/02 18 APPENDIX by plaintiff Michael J Quilling in support of
[17-1] motion for summary judgment (15+) (Not imaged.) (mlh)
[Entry date 01/18/02]
1/18/02 19 ORDER Response to motion reset to 2/18/02 for [17-1]
plaintiff's motion for summary judgment. Reply to
response to motion reset to 3/5/02 for plaintiff's [17-1]
motion for summary judgment. ( Signed by Magistrate Judge
Jeff Kaplan ) Copies to counsel: 1.22.02 Page(s) 2 (mlh)
[Entry date 01/22/02]
1/25/02 -- Motion hearing re: receiver's fee application (mlh)
[Entry date 01/28/02]
1/25/02 20 Minute order: Motion hearing held before Magistrate Judge
Jeff Kaplan re: receiver's fee application. Court Reporter:
electronic K903. (mlh) [Entry date 01/28/02]
1/25/02 21 ORDER granting [15-1] receiver's motion for payment of
receiver's fees & expenses & attorneys' fees & expenses.
The receiver is authorized to pay the law firm of Quilling,
Selander, Cummiskey & Lownds, P.C. the sum of $1,175.00 in
fees and $15.08 in expenses for services performed and
costs incurred in this case from 9/1/01-11/30/01. All
payments shall be charged to the Hammersmith Trust Estate.
( Signed by Magistrate Judge Jeff Kaplan ) Copies to
counsel: 1.28.02 Page(s) 2 (mlh) [Entry date 01/28/02]
2/11/02 22 ORDER regarding defendant's motion for summary judgement.
See order for specifics. ( Signed by Magistrate Judge Jeff
Kaplan ) Copies to counsel: 2/11/02 Page(s) 1 (aat)
2/11/02 23 RESPONSE by defendant Melody Wolcott Gilliland to
plaintiff's [17-1] motion for summary judgment (15+)
(Attachments not imaged) (aat) [Entry date 02/12/02]
2/11/02 24 MOTION by defendant Melody Wolcott Gilliland for summary
judgment (15+) (Attachments not imaged) (aat)
[Entry date 02/12/02]
2/11/02 25 MEMORANDUM by defendant Melody Wolcott Gilliland in support
of [24-1] motion for summary judgment and [23-1] response
to plaintiff's motion for summary judgment (7) (aat)
[Entry date 02/12/02]
2/11/02 26 APPENDIX by defendant Melody Wolcott Gilliland in support
of [24-1] motion for summary judgment and [23-1] response
to plaintiff's motion for summary judgment (Not imaged) (aat)
[Entry date 02/12/02]
2/11/02 27 PROOF OF SERVICE re: [23-1] response to plaintiff's motion
for summary judgment, [24-1] motion for summary judgment,
[25-1] memorandum in support of motion for summary judgment
and in opposition to plaintiff's motion for summary
judgment, [26-1] appendix in support by defendant Melody
Wolcott (1) Gilliland (aat) [Entry date 02/12/02]
3/5/02 28 REPLY by plaintiff Michael J Quilling to response to [17-1]
motion for summary judgment (5) (aat) [Entry date 03/06/02]
3/5/02 29 SECOND INTERIM APPLICATION with memorandum in support by
plaintiff Michael J Quilling to allow and pay (1)
receiver's fees and expenses and (2) attorneys' fees and
expenses (15+) (Exhibits not imaged) (aat)
[Entry date 03/06/02]
3/6/02 30 MEMORANDUM OPINION AND ORDER granting Quilling's [17-1]
motion for summary judgment. The transfers from B. David
Gilliland to defendant in the amount of $266,790 are voided
and set aside. ( Signed by Magistrate Judge Jeff Kaplan
Copies to counsel: 3/7/02 Page(s): 6 (aat)
[Entry date 03/07/02]
3/6/02 31 JUDGMENT The check and wire transfers from bank accounts
held or controlled by B. David Gilliland to Melody Wolcott
Gilliland between 5/28/97 and 5/14/99, totaling $266,790,
are voided and set aside. This includes bank accounts in
the name of Covent Garden, LLC, Tactical Capital Placement,
LLC, and Hammersmith Trust, LLC. Michael Quilling, as
receiver for Hammersmith Trust, LLC and related entities,
shall have and recover the sum of $266,790 from Melody
Wolcott Gilliland, together with post-judgment interest at
the rate of 2.24% per annum until paid. All costs of court
are taxed against Melody Wolcott Gilliland. ( Signed by
Magistrate Judge Jeff Kaplan ) Copies to counsel: 3/7/02
Page(s): 2 (aat) [Entry date 03/07/02]
3/6/02 -- Case closed (aat) [Entry date 03/07/02]
3/6/02 -- CASE NO LONGER REFERRED TO Magistrate Judge Jeff Kaplan
(aat) [Entry date 03/07/02]
3/6/02 32 ORDER denying [24-1] motion for summary judgment. See
order for specifics. ( Signed by Magistrate Judge Jeff
Kaplan ) Copies to counsel: 3/7/02 Page(s) 2 (jyg)
[Entry date 03/07/02]
3/7/02 33 ORDER SETTING HEARING: Hearing on receiver's application
for $8,755.50 in fees and $23.01 in expenses for services
performed and costs incurred in this case from
12/1/01-2/28/02 set for 4/19/02 @ 10:00 a.m. Written
objections must be filed by 4/9/02. ( Signed by Magistrate
Judge Jeff Kaplan ) Copies to counsel: 3.8.02 Page(s): 2
(mlh) [Entry date 03/08/02]
3/12/02 34 CERTIFIED MAIL executed as to Melody Wolcott Gilliland
3/9/02 re: [30-1] memorandum opinion/order (mlh)
[Entry date 03/13/02]
3/14/02 35 CERTIFIED MAIL executed as to Michael J Quilling 3/11/02
re: [30-1] memorandum opinion & order (mlh)
[Entry date 03/15/02]
4/1/02 36 NOTICE OF APPEAL by defendant Melody Wolcott Gilliland re
[31-1] judgment order Payment: 105.00 Receipt # 167278
TO Mailed (1) cc:Judge (jmr) [Entry date 04/02/02]
4/1/02 37 Transcript order form from attorney for Defendant:
Transcript not requested [36-1] appeal (jmr)
[Entry date 04/02/02]
4/2/02 -- Notice of appeal and certified copy of docket to USCA:
[36-1] appeal (jmr)
4/9/02 -- Transmitted 1 vol. record on appeal to U.S. Court of
Appeals: [0-0] appeal, [36-1] appeal (jmr)
4/10/02 -- USCA Case Number, 02-10415 Re: [36-1] appeal (jmr)
4/12/02 38 Transcript order form from attorney Wolcott: Transcript not
requested [36-1] appeal (jmr) [Entry date 04/15/02]
4/19/02 -- Motion hearing held re: receiver's [29-1] motion to allow
and pay (1) receiver's fees and expenses and (2) attorneys'
fees and expenses (mlh) [Entry date 04/22/02]
4/19/02 39 Minute order: Motion hearing held before Magistrate Judge
Jeff Kaplan. Court Reporter: electronic. (mlh)
[Entry date 04/22/02]
4/19/02 40 ORDER granting as modified [29-1] receiver's motion to
allow and pay (1) receiver's fees and expenses and (2)
attorneys' fees and expenses. ( Signed by Magistrate
Judge Jeff Kaplan ) Copies to counsel: 4.22.02 Page(s) 2
(mlh) [Entry date 04/22/02]
5/7/02 41 Transcript order form from attorney for appellant:
Transcript not requested [36-1] appeal (jmr)
6/4/02 42 THIRD INTERIM APPLICATION/MOTION with memorandum in support
by plaintiff Michael J Quilling to allow & pay receiver's
fees & expenses & attorneys' fees & expenses (12) (Exhibit
not imaged.) (mlh) [Entry date 06/05/02]
6/6/02 -- Record on appeal returned 1 vol. record from U.S. Court of
Appeals: [36-1] appeal (jmr)
6/6/02 43 JUDGMENT OF USCA ... Appeal is dismissed for want of
prosecution ... appellant failed to timely file brief and
record excerpts (certified copy) Re: [36-1] appeal Issued
as mandate on 6/3/02 (1) cc:Judge (jmr)
6/10/02 44 ORDER SETTING HEARING: Motion hearing set for 9:00 7/19/02
for [42-1] receiver's motion to allow & pay receiver's fees
& expenses & attorneys' fees & expenses. ( Signed by
Magistrate Judge Jeff Kaplan ) Copies to counsel: 6.11.02
Page(s): 2 (mlh) [Entry date 06/11/02]