Filed: Oct. 27, 2017
Latest Update: Oct. 27, 2017
Summary: ORDER RE CONTEMPT AS TO ARTEM KOSHKALDA AND VLADIMIR WESTBROOK ROBERT C. JONES , District Judge . WHEREAS Plaintiffs Seiko Epson Corporation and Epson America, Inc. (collectively "Plaintiffs") filed their Emergency Ex Parte Application for Order to Show Cause Re Contempt as to Artem Koshkalda ("Koshkalda") and Vladimir Slobodianiuk a/k/a Volodymyr Slobodianiuk a/k/a Vladimir Westbrook ("Westbrook") (collectively "Defendants") ("Application") (ECF No. 155); WHEREAS on September 1, 2017, D
Summary: ORDER RE CONTEMPT AS TO ARTEM KOSHKALDA AND VLADIMIR WESTBROOK ROBERT C. JONES , District Judge . WHEREAS Plaintiffs Seiko Epson Corporation and Epson America, Inc. (collectively "Plaintiffs") filed their Emergency Ex Parte Application for Order to Show Cause Re Contempt as to Artem Koshkalda ("Koshkalda") and Vladimir Slobodianiuk a/k/a Volodymyr Slobodianiuk a/k/a Vladimir Westbrook ("Westbrook") (collectively "Defendants") ("Application") (ECF No. 155); WHEREAS on September 1, 2017, De..
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ORDER RE CONTEMPT AS TO ARTEM KOSHKALDA AND VLADIMIR WESTBROOK
ROBERT C. JONES, District Judge.
WHEREAS Plaintiffs Seiko Epson Corporation and Epson America, Inc. (collectively "Plaintiffs") filed their Emergency Ex Parte Application for Order to Show Cause Re Contempt as to Artem Koshkalda ("Koshkalda") and Vladimir Slobodianiuk a/k/a Volodymyr Slobodianiuk a/k/a Vladimir Westbrook ("Westbrook") (collectively "Defendants") ("Application") (ECF No. 155);
WHEREAS on September 1, 2017, Defendants ART LLC (through Koshkalda) and Koshkalda individually filed a Motion re Items Seized from 960 Matley Lane, (ECF No. 177), which Plaintiffs opposed (ECF No. 199) and to which no Reply was filed;
WHEREAS on October 10, 2017, the Court issued an Order granting Koshkalda's motion for additional time to respond to Plaintiffs' Application and also in that Order set a hearing on the Application, requiring both Koshkalda and Westbrook's personal appearance before this Court on October 23, 2017, at 11:00 am, among other things (ECF No. 222);
WHEREAS Defendant Westbrook did not file any response to the OSC, despite service of the Court's Order (ECF No. 222), and Notice of the Hearing Location (ECF No. 227), by mail service and courtesy copies sent via email to email addresses published by Westbrook in connection with his business as set forth on the record (ECF Nos. 234-235, 248);
WHEREAS Defendant Koshkalda filed an untimely response to the Court's Order on October 18, 2017 (ECF No. 228), after receiving notice of the Court's Order (ECF No. 222) via email service and Notice of the Hearing Location (ECF No. 227), via the Court's ECF system in addition to receiving a courtesy copy via email (ECF Nos., 234-235);
WHEREAS Koshkalda and Westbrook failed to appear for the Court ordered hearing on the Application on October 23, 2017 at 11:00 am (ECF No. 222);
AND GOOD CAUSE HAVING BEEN SHOWN, the Court hereby GRANTS Plaintiffs' Application and IT IS ORDERED, ADJUDGED AND DECREED THAT:
1) Defendants Koshkalda and Westbrook are found to be in Civil Contempt of Court and bench warrants for arrest will issue for Defendants Koshkalda and Westbrook's failure to appear in response to the Court's Order where they were ordered to answer for their violations of the Preliminary Injunction (ECF No. 159);
2) Within 24 hours of the service of this Order, Defendants Koshkalda and Westbrook shall provide Plaintiffs' counsel with their current residential addresses and shall file a notice with the Court identifying a time and place where, upon 24 hours' notice from Plaintiffs, they will appear during normal business hours for personal service of Court Orders, warrants and Plaintiffs' discovery requests;
3) Koshkalda's third-party service providers and others acting in concert with him, and any financial or brokerage institution, business entity, and person served with a copy of this Order that holds, controls, or maintains custody of any account or asset of Koshkalda or one of his companies, or that has held, controlled, or maintained custody of any such account or asset at any time since the date of service of the TRO (ECF No. 106), Order for Asset Seizure and Impoundment (ECF No. 159), or this Order, shall transfer all funds held in any account owned or controlled by, or in the actual or constructive possession of or otherwise held for the benefit of, any corporation, partnership, or other entity directly or indirectly owned, managed, or controlled by Koshkalda or one of his companies (including but not limited to Sancase LLC, Vilacet LLC, and Renoca LLC), and including but not limited to those accounts identified in Exhibit A, to an account identified by Plaintiffs;
4) Plaintiffs are given leave to immediately attach and execute upon any assets owned or controlled by, or in the actual or constructive possession of or otherwise held for the benefit of, any corporation, partnership, or other entity directly or indirectly owned, managed, or controlled by Defendant Koshkalda or one of his companies (including but not limited to Sancase LLC, Vilacet LLC, and Renoca LLC) including but not limited to those assets identified in Exhibit A and B. Plaintiffs have leave to submit proposed writs or other orders as may be necessary to attach and/or execute upon any assets pursuant to this Order;
5) The $3,000 monthly allowance provided for in the Order for Asset Freeze and Impoundment (ECF No. 159) is hereby stricken and amended as reflected in the attached Amended Order for Asset Seizure and Impoundment attached hereto as Exhibit C;
6) The Motion to Obtain an Inventory of Seized Items From 960 Matley Lane (ECF No. 177), is DENIED;
7) Defendants and their third-party service providers are ordered to immediately cease the attempted or actual transfer or sale of any real property owned or controlled by Koshkalda, not limited to those properties identified in the Preliminary Injunction (ECF No. 159), or in the actual or constructive possession of or otherwise held for the benefit of, any corporation, partnership, or other entity directly or indirectly owned, managed, or controlled by Koshkalda, in violation of the Court's Orders;
8) Koshkalda and those acting in concert with him who are subject to the jurisdiction of this Court, including but not limited to Andriy Kravchuk and Vladimir Westbrook, are ordered to appear for examination under oath before Magistrate Judge Cooke, or another special master as the Court sees fit, at a date and time to be set by Magistrate Judge Cooke or special master within 28 days of the entry of this Order, to account for all of Koshkalda's assets and recent transactions, including the identification and whereabouts of all of the proceeds from real estate transactions during the pendency of this action;
9) Koshkalda and those acting in concert with him who are subject to the jurisdiction of this Court, including but not limited to Andriy Kravchuk and Vladimir Westbrook, are further ordered to produce, within ten days following this order, all documents for all of Koshkalda's assets and recent transactions, including all documents the identification and whereabouts of all of the proceeds from real estate transactions during the pendency of this action.
10) Plaintiffs, and only Plaintiffs, are given leave to undertake discovery, including Debtor's examinations and third-party discovery, regarding the assets and obligations of Defendants and those acting in concert with them;
11) Koshkalda is ordered to deposit into a frozen account all proceeds from any recent real estate transactions completed since August 1, 2017;
12) Koshkalda, his company ART LLC and Westbrook are prohibited from filing any further motions in this case and any such filings to which they are a moving party will immediately be stricken, including but not limited to Defendants Motion to Dissolve The Preliminary Injunction or Alternatively Increase the Bond (ECF No. 231) filed on October 23, 2017, and Defendant Koshkalda's Motion for Release of Funds (ECF No. 236) filed on October 26, 2017, until such time that the Court finds that Koshkalda and Westbrook are no longer in Contempt and amends this Order.
13) In light of Defendants' defaults now entered, all Pretrial Dates are hereby VACATED.
IT IS SO ORDERED.
EXHIBIT A
Bank Accounts
Financial Institution Account Account Name/Holder
Bank of America, N.A. 1744 ARTEM KOSHKALDA
Bank of America, N.A. 0057 ARTEM KOSHKALDA
Bank of America, N.A. 0633 ARTEM KOSHKALDA
Bank of America, N.A. 1234 ARTEM KOSHKALDA
Bank of America, N.A. 0519 ARTEM KOSHKALDA
Bank of America, N.A. 0623 ART LLC
Bank of America, N.A. 1033 ART LLC
Bank of America, N.A. 6624 ART LLC
Bank of America, N.A. 7115 ART LLC
Bank of America, N.A. 7255 ARTEM KOSHKALDA
Bank of America, N.A. 0087 ARTEM KOSHKALDA
Bank of America, N.A. 0090 ARTEM KOSHKALDA
Bank of America, N.A. 0100 ARTEM KOSHKALDA
Bank of America, N.A. 0155 ARTEM KOSHKALDA
ARTEM KOSHKALDA DBA BEST
Bank of America, N.A. 2797 DEAL CARTRIDGE
Bank of America, N.A. 3491 ART LLC
ARTEM KOSHKALDA, SOLE
PROP
Bank of America, N.A. 7593 DBA BEST DEAL CARTRIDGE
ARTEM KOSHKALDA, SOLE
PROP
DBA BEST DEAL CARTRIDGE
Bank of America, N.A. 7611 (INK SYSTEM)
ARTEM KOSHKALDA, SOLE
PROP
DBA BEST DEAL CARTRIDGE
Bank of America, N.A. 7654 (SAVE MONEY CARTRIDGE)
ARTEM KOSHKALDA, SOLE
Bank of America, N.A. 7689 PROP DBA APTPIZZADEALS
Bank of America, N.A. 8964 ART LLC
Bank of America, N.A. 8977 ART LLC
Bank of America, N.A. 8980 ART LLC
Bank of America, N.A. 8533 ART LLC
Bank of America, N.A. 8591 ART LLC
Bank of America, N.A. 8760 RENOCA LLC
Bank of America, N.A. 9099 PRIVAT GROUP LLC
Citibank Fsb 8374 Art LLC
Citibank Fsb 8390 Art LLC
Citibank Fsb 8382 Art LLC
Citibank Fsb 6310 AF LLC
Citibank Fsb 6294 AF LLC
Citibank Fsb 6302 AF LLC
JP Morgan Chase Bank, N.A. 7586 Art LLC
JP Morgan Chase Bank, N.A. 8931 Art LLC
JP Morgan Chase Bank, N.A. 9772 Art LLC
Wells Fargo Bank, N.A. 5138 3Day Shipping
Wells Fargo Bank, N.A. 7982 Artem Koshkalda dba Art
Wells Fargo Bank, N.A. 7966 Artem Koshkalda dba Art
Wells Fargo Bank, N.A. 4158 Artem Koshkalda dba ART
Wells Fargo Bank, N.A. 2935 Artem Koshkalda dba ART
Wells Fargo Bank, N.A. 7974 Artem Koshkalda dba ART
Wells Fargo Bank, N.A. 0399 Artem Koshkalda
Wells Fargo Bank, N.A. 8446 Artem Koshkalda
Wells Fargo Bank, N.A. 6747 Artem Koshkalda dba ART
Wells Fargo Bank, N.A. 2551 Artem Koshkalda dba ART
Artem Koshkalda dba
Wells Fargo Bank, N.A. 0961 Bestdealcartridge
Wells Fargo Bank, N.A. 6987 Artem Koshkalda dba Featured
Artem Koshkalda dba
Wells Fargo Bank, N.A. 4125 PRICEMATTERS
Wells Fargo Bank, N.A. 2972 Artem Koshkalda dba Featured
Wells Fargo Bank, N.A. 3057 Artem Koshkalda dba ART
Account Holder Identification Information
Artem Koshkalda SSN: 2658
ART LLC EIN: 4186
CA Sec. of State File
Renoca LLC Number: 201634110191
CA Sec. of State File
Sancase LLC Number: 201634210211
CA Sec. of State File
Vilacet LLC Number: 201634310118
EXHIBIT B
Owner/Related Address APN Recording Document Status
Defendant Date No.
Artem 38868 92A260018 10/3/16 2016253277
Koshkalda Thimbleberry
Place
Newark, CA
94560
Artem 1012 Giacomo 24146001 12/30/16 23546827/23546826 Transferred to
Koshkalda Ln. Renoca LLC
San Jose, CA
95131
Artem 401 Harrison St., 3765414 1/23/17 K399066-00 Transferred to
Koshkalda #4A Vilacet LLC
San Francisco,
CA 94105
Artem 401 Harrison St., 3765417 1/19/17 K396635-00 Transferred to
Koshkalda #4D Vilacet LLC
San Francisco,
CA 94105
Artem 253 Friedell St. 4591C-462 1/19/17 K396638-00 Transferred to
Koshkalda San Francisco, Renoca LLC
CA 94124
Artem 388 Fulton St., 0785072 1/19/17 K396636-00 Transferred to
Koshkalda #207 Vilacet LLC
San Francisco,
CA 94102
Artem 11 Franklin St., 0837003 9/23/16 K333115-00
Koshkalda San Francisco,
CA 94102
(believed to be
Unit 205)
Artem 11 Franklin St., # 0837117 11/1/16 K352816-00
Koshkalda 502
San Francisco,
CA 94102
Artem 338 Portrero 3962032 12/20/16 K377429-00
Koshkalda Ave., #402
San Francisco,
CA 94103
Artem One Mission Bay
Koshkalda Property (address
& Andriy unknown)
Kravchuk
Artem Tanglewood by
Koshkalda Summerhill
Homes Property
(address
unknown)
Artem Saverio/Pulte
Koshkalda Homes Property
(address
unknown)
