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Textron Financial Corp. v. Gallegos, 3:15-cv-1678-LAB-AGS. (2017)

Court: District Court, N.D. California Number: infdco20171005f60 Visitors: 12
Filed: Oct. 04, 2017
Latest Update: Oct. 04, 2017
Summary: REPORT AND RECOMMENDATION FOR SECOND AMENDED ASSIGNMENT ORDER ANDREW G. SCHOPLER , Magistrate Judge . Based on good cause established during the September 21, 2017 hearing and the October 2, 2017 telephonic status conference, this Court recommends modifying the latest version of the assignment order as follows: SECOND AMENDED ASSIGNMENT ORDER 1. For purposes of this Second Amended Assignment Order, the following definitions apply: a. Entity: An "entity" refers to any business, company,
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REPORT AND RECOMMENDATION FOR SECOND AMENDED ASSIGNMENT ORDER

Based on good cause established during the September 21, 2017 hearing and the October 2, 2017 telephonic status conference, this Court recommends modifying the latest version of the assignment order as follows:

SECOND AMENDED ASSIGNMENT ORDER

1. For purposes of this Second Amended Assignment Order, the following definitions apply:

a. Entity: An "entity" refers to any business, company, corporation, partnership, trust, or other organization that has a legal identity apart from its members or owners.

b. Payment: A "payment" refers to the transfer of any thing of value (including but not limited to money, securities, valuables, and credit), except for a bona fide salary for defendant Michael Gallegos. The term "payment" applies to both direct payments and indirect payments, as further defined below.

c. Personal expenses: The term "personal expenses" includes expenses for Gallegos himself as well as for his immediate family.

d. Direct payment: A "direct payment" refers to any payment directly to Gallegos himself.

e. Indirect payment: An "indirect payment" refers to any payment for Gallegos's personal expenses, as well as any payment to an intermediary so that another may ultimately make a payment to Gallegos or for Gallegos's personal expenses.

2. Plaintiff SPE LO Holdings, LLC, is assigned Gallegos's interests in any payment from any entity listed in the attached Appendix. SPE LO is entitled to any direct payment these entities make to Gallegos. And SPE LO is entitled to any direct payment to Gallegos that these entities would otherwise make, if there were no assignment order. SPE LO is also entitled to any indirect payment these entities make. And SPE LO is entitled to any indirect payment these entities would otherwise make, if there were no assignment order.

3. Gallegos must immediately report to SPE LO the amount and source of any salary or other employment compensation that he is currently receiving. This is a continuing duty, so Gallegos must also immediately report any changes to his salary or compensation, such as a new source or any changed amount.

4. Gallegos shall not cause or encourage any entity listed in the attached Appendix to make a direct payment or an indirect payment, as defined above.

5. If any entity listed in the attached Appendix fails to provide SPE LO a payment to which SPE LO is entitled as described above, Gallegos must immediately cause the assignment and transfer of that payment to SPE LO.

6. Gallegos must immediately provide each entity listed in the attached Appendix with a copy of this Second Amended Assignment Order and inform each such entity of its obligation to re-direct the payments described above to SPE LO.

7. Unless that entity is already listed in the attached Appendix, Gallegos must immediately report to SPE LO the name of any entity that he creates, directs to be created, aids in creating, encourages to be created, joins, or otherwise acquires any interest in. In addition, unless that entity is already listed in the attached Appendix, Gallegos must immediately report to SPE LO the name of any entity that he controls or that he can cause to make any payments.

8. Gallegos is warned that if he violates this or any other Court order, the case may be referred to the U.S. Attorney's Office for a criminal contempt prosecution.

* * * * *

Within five calendar days of the District Judge's adoption of the foregoing proposed Second Amended Assignment Order or issuance of a different Second Amended Assignment Order, Gallegos must file a notarized verification that he has read that Second Amended Assignment Order in its entirety (including any Appendix) and that he agrees to obey it. In that verification, Gallegos must also state that he fully understands the Second Amended Assignment Order (identifying it by ECF Document number), or he must identify any provisions that he does not fully understand. The verification must be signed by Gallegos personally, under penalty of perjury, in the presence of a notary licensed in the state of California. If Gallegos identifies any provisions that he does not fully understand, the Court will schedule an in-person hearing to discuss those identified provisions.

Any objection to this report is due October 18, 2017.

APPENDIX

1. AP/APMC-GP II, LLC

2. Buy Prime Tickets LLC

3. AP/APMC Management II, L.P.

4. APMC Carlisle Hotel Investors, LLC

5. Advent Hotel Management Corporation

6. Advent Security, LLC

7. 220 Market Avenue Tenancy

8. Alameda Hotel Investment, LLC

9. Albuquerque Apartment Investment (Cancelled)

10. Albuquerque Office Investment (Suspended)

11. Albuquerque Phoenix Express, Inc. [Expired]

12. American Property Consultants & Appraisers, Inc. (Suspended)

13. American Property Global Partners, Inc.

14. American Property Hotel, LLC

15. American Property Management Corp.

16. American Property Realty Corporation

17. American Property Tax Company, Inc.

18. American Property Utility Consultants, Inc.

19. American Property Valuation Consultants, Inc.

20. AP/APH Branson, L.P.

21. AP/APH Cincinnati, L.P.

22. AP/APH Dallas, L.P.

23. AP/APH Palm Springs, L.P.

24. AP/APH San Antonio, L.P.

25. AP/APH Stoneleigh, L.P.

26. AP/APH Tallahassee, L.P.

27. AP/APH Ventures, LLC

28. AP/APMC Management, L.P.

29. AP/APMC Partners, LLC

30. AP/APMC Savannah, L.P.

31. AP/APMC Stockton, L.P.

32. APMC Concessions, Inc.

33. Bay Area Hotel Investment, LLC

34. Festival Marketplace, LLC

35. Canton Investment, LLC

36. Charleston Hotel Management Corporation

37. Charleston Investment, LLC

38. Computer Web Services, Inc.

39. Coronado Investment, LLC

40. Day-Florida, Inc.

41. Executive West Tenancy

42. Folly Beach Invstment, LLC

43. Garden Hotel Investment, LLC

44. J&E Florida, Inc.

45. JDJ Joint Venture

46. Jemez Investment, LLC

47. JML Office Investment, LLC

48. La Cuesta Limited Partnership

49. La Villita Condominium Tenancy Documents

50. La Villita Investment, LLC

51. Las Cruces Hotel Limited Partnership

52. Las Cruces Hotel Management

53. Market Avenue, LLC

54. Melbourne Beach Hotel Limited Company

55. Melbourne Beach Hotel Management Corporation, Inc.

56. Melbourne Beach Investment Limited Company

57. Mountain Road Hotel Investment, LLC

58. Mountain Road Hotel Investment, LLC

59. New Mexico Marketplace Tenancy

60. New Mexico Multi-Cultural Foundation, Inc.

61. Northside Hotel Investment, LLC

62. Old Town Hotel Investment, LLC

63. Pan American Hotel Investment, LLC

64. Pan American Hotel Tenancy

65. Passaic Investment, LLC

66. Pecos Hotel Investment, LLC

67. Picacho Hotel Investment, LLC

68. Rio Grande Hotel Investment, LLC

69. Rocky Mountain Hotel Group, LLC

70. Sandia Investment, LLC

71. San Diego Hotel Tenancy

72. Sandoval Investment, LLC

73. Sangre de Cristo Hotel Investment, LLC

74. Santa Fe Hotel Investment, LLC

75. Santa Fe Picacho Hotel Management Corporation

76. Santa Fe Picacho Hotel Tenancy

77. Sixty-five Willowbrook Investment, LLC

78. Sixty-five Willowbrook Tenancy

79. Skyline, LLC

80. Skyline Joint Venture

81. South Carolina Investment, LLC

82. The Pointe, LLC

83. UBB Investment, LLC

84. Union City Hotel Management Corporation

85. Union City Hotel, LLC

86. Union City Investment, LLC

87. Visalia Hotel Tenancy

88. Visalia Hotel, LLC Entity

89. AP/APMC-GP, Inc.

90. Westside Office Investment Corporation

91. Wayne Investment, LLC

92. Oakland Hotel Ventures, LLC

93. American Property Hotel II, LLC

94. New Mexico Sequoia Investments, LLC

95. AP/APH Ventures II, LLC

96. Express Investment, Inc.

97. Patina Investments, Inc.

98. Market PlaceSalsa LLC

99. Coors/IliffJoint Venture

100. Faisel Joint Ventures

101. Magellen Investments, Inc.

102. Coach Hill Investments, Inc.

103. Fairborn Wright Office Investment LLC

104. Fairborn Investment, LLC

105. Dayton Investment, LLC

106. Tulare Investment, LLC

107. AP/APMC Partners II, LLC

108. Rosecrans Hotel Investment, LLC

109. American Property-Appraisal Management Company, Inc

110. RW Smith, LLC

111. AP/APMC-GP III, LLC

112. APMC Hotel Investors-LP, LLC (Cancelled)

113. APMC Hotel Investors-GP, LLC (Cancelled)

114. Santa Fe Salsa Company, LLC

115. Market Avenue Hotel, LLC

116. 1905/1909 Investment, LLC

117. Bell Tower Investment, LLC

118. Bellamah Investment, LLC

119. Harbour Lights Hotel Ventures, LLC (Cancelled)

120. Gaslamp Hotel Investment, LLC (Cancelled)

121. Canton Hotel Tenancy

122. Waikiki Hotel Investment, LLC

123. Continental Surf, LLC

124. Amberly Hotel Investment, LLC

125. NM Albuquerque Suites, LLC (Cancelled)

126. Eubank Investments, Inc.

127. Evergreen Investments, Inc.

128. St. Francis Hotel Investment, LLC, f/k/a Highway 85 Office Investment, LLC

129. Charlotte Office Investment, LLC

130. Columbia Office Investment, LLC

131. Parklane Office Investment, LLC

132. Rio Rico Resort Investment, LLC

133. Greenleaf Hotel, Inc.

134. Sassafras Hotel Investment, LLC

135. Sawmill Investment, LLC

136. San Joaquin Investment, LLC

137. Accentricks, Inc.

138. Lackland Hotel Investment, LLC

139. Renwick Investment, LLC

140. San Antonio Hotel Investments-LP, LLC

141. San Antonio Hotel Investments-GP, LLC

142. Galisteo Hotel Investment, LLC, f/k/a Cheever Hotel Investment, LLC

143. Lamy Hotel Investment, LLC, f/k/a Bexar Hotel Investment, LLC

144. San Antonio Hotel Ventures L.P.

145. Hotel Circle South Investment, LLC

146. CRS Hotel Investment I, LLC

147. San Diego Hotel Investment, LLC

148. Harbour Lights Hotel Operating Ventures, LLC

149. Magdalena Investment LLC

150. OntarioTowne, LLC, f/k/a Equity Realty Investors of Ontario, LLC

151. Inland Empire Inn-Vestments, LLC (Cancelled)

152. Coronado Hotel Management Corporation

153. Carlisle Hotel Ventures, LLC

154. Inland Haven Investments, LLC

155. American Property Investments, LLC

156. Mission Valley Hotel Venture, LLC

157. Sixth Avenue Parking Associates, LLC

158. Charlotte Office Tenancy

159. Columbia Office Tenancy

160. University Office Investment, LLC

161. Richland Office Investment, LLC

162. Mecklenburg Office Investment, LLC

163. Houston Street Hotel Partners, L.P.

164. Sundance Hospitality Corp.

165. NM Hotel Concessions, LLC

166. High Desert Hotel Investment, LLC

167. Concierge Entertainment Services, LLC

168. APMC Hotel Management, LLC

169. U.S. Grant Hotel Ventures, LLC

170. Pacific Hotel Concessions, LLC

171. Standard American-Albuquerque, LLC

172. Grover Beach Inn-Vestment, LLC

173. American Property Investors-Alexis Park, LLC

174. American Property Investors-Midtown, LLC

175. APMC San Diego Hotel Management, LLC

176. American Property Investors-U.S. Grant, LLC

177. CODA Investors-U.S. Grant, LLC

178. Sycuan Investors-U.S. Grant, LLC

179. Standard Hotel ABQ 2, LLC

180. Standard American — Amberley, LLC

181. American Property Investors-Knoxville, LLC

182. Armada Hotel Investment, LLC

183. Capitol Hotel Ventures, LLC

184. Sacramento Hotel Investment, LLC

185. Alexis Park Hotel Venture, LLC (Cancelled)

186. Alexis Park Hotel, LLC (Cancelled)

187. Front Range Hotel Concessions, LLC

188. Standard Hotel — COS 1, LLC

189. American Property Investors — Colorado Springs, LLC (Cancelled)

190. Hotel Plaza Real, LLC

191. Toledo Hotel Ventures, LLC

192. Cumberland Hotel Management, LLC

193. Nashville Hotel Ventures, LLC

194. American Property Investors — Nashville, LLC

195. Mid-Continent Hotel Management, LLC

196. Nashville Hotel Investment, LLC

197. Spinnaker Investors, LLC (Cancelled)

198. SHV — I, LLC (Cancelled)

199. SHV — II, LLC (Cancelled)

200. Sycuan Investors — Spinnaker, LLC (Cancelled)

201. Spinnaker Hotel Ventures, LLC (Cancelled)

202. Diamond Hotel Management, LLC

203. Tampa Hotel Ventures, LLC

204. American Property Investors — Tampa, LLC

205. Rancho Mirage Hotel Ventures, LLC (Cancelled)

206. American Property Investors — Rancho Mirage, LLC (Cancelled)

207. SNT — Rancho Mirage, LLC (Cancelled)

208. Triangle Investment — Rancho Mirage, LLC

209. Portfolio Hotels & Resorts, LLC

210. API — Rancho Mirage, LLC

211. Three Wall — Rancho Mirage, LLC

212. Three Wall — Tampa, LLC

213. American Property Investors, LLC

214. Tampa Oaks Hotel, L.L.C.

215. Standard American — Colorado Springs, LLC (Cancelled)

216. Austin Hotel Ventures, L.P. (Cancelled)

217. Austin Hotel Investment — GP, LLC (Cancelled)

218. Austin Hotel Investment — LP, LLC (Cancelled)

219. Arroyo Grande Inn-vestment, LLC

220. Stadium Hotel Investment, LLC

221. Reid Park Hotel Ventures, LLC

222. American Property Investors — Reid Park, LLC

223. API — Reid Park, LLC

224. Heritage Hotels & Resorts

225. Garden Inn Hotel Ventures, LLC

226. Reid Park Investors, LLC

227. Tucson Hotel Investors, LLC

228. Tampa Hotel Investors, LLC

229. Nashville Hotel Investors, LLC

230. Rancho Mirage Hotel Investors, LLC (Cancelled)

231. RLML Investment, LLC

232. DSS Hotel Investment, LLC

233. Front Street Hotel Investment, LLC

234. JDJ Hotel Investment, LLC

235. P&R Hotel Investment, LLC

236. W.O.T.B. — Nashville, LLC

237. Lynwood755 — Nashville, LLC

238. MFT — Nashville, LLC

239. JEV — Nashville, LLC

240. API — Nashville, LLC

241. SNT — Reid Park, LLC

242. DNT — Reid Park, LLC

243. YNT — Reid Park, LLC

244. Three Wall — Reid Park, LLC

245. Carter Beverage Corporation

246. American Property Investors — Westminster, LLC (Cancelled)

247. Villa Roma Ventures, LLC (Cancelled)

248. North Fort Worth Hotel Ventures, L.P.

249. South Fort Worth Hotel Ventures, L.P.

250. Meacham Hotel Investment — GP, LLC

251. Meacham Hotel Investment — LP, LLC

252. Alta Mesa Investment — GP, LLC

253. Alta Mesa Investment — LP, LLC

254. Gunter Hotel Ventures, L.P.

255. Gunter Hotel Investment, LLC

256. Travis Park Investment, LLC

257. American Property Investors — Gunter, LLC

258. Three Wall — Gunter, LLC

259. American Property Investors — Mission Bay, LLC

260. Mission Bay Hotel Investors, LLC

261. MB Hotel Ventures, LLC

262. Glenmont APMC Mission Bay, LLC

263. Glenmont REP II Mission Bay, LLC

264. Glenmont CIP II Mission Bay, LLC

265. ABQ Hotel Ventures, LLC

266. American Property Investors — ABQ, LLC

267. Rock Around the World Investment, LLC

268. Rock Around the World Management, LLC

269. Rock Around the World Development, LLC

270. La Jolla Shores Hotel Ventures, LLC

271. LJS Investment, LLC Entity Organization

272. Prava Hotel Investment, LLC (Cancelled)

273. Shores Hotel Investors, LLC

274. Sierra Investors — La Jolla, LLC

275. American Property Investors — La Jolla, LLC

276. Three Wall — ABQ, LLC

277. ABQ Hotel Investment, LLC

278. LJS Hotel Concessions, LLC (Cancelled)

279. Ontario Empire Hotel, LLC (Cancelled)

280. SL City Hotel Ventures, LLC

281. American Property Investors — SLC, LLC

282. Glenmont APMC SLC, LLC

283. Torrey Pines Hotel Investors, LLC

284. Downtown Hotel Investors, LLC

285. Salt Lake Hotel Investors, LLC

286. Harbor View Hotel Ventures, LLC

287. American Property Hospitality Management, LLC

288. APHM Hotel Management, LLC

289. APHM Carlisle, LLC

290. AP Hotels & Resorts, LLC

291. Glenmont CIP II SLC, LLC

292. Glenmont REP II SLC, LLC

293. APHM Investments, LLC

294. Cove Equity Group, LLC

295. APHM Dallas Galleria, LLC

296. APHM TX Concessions, Inc.

297. APHM NM Concessions, LLC

298. APHM Galleria — GP, LLC

299. APHM — DG, L.P.

300. APHM CA Concessions, LLC

301. APHM Zoso, LLC

302. APHM — ND, L.P.

303. APHM North Dallas — GP, LLC

304. APHM North Dallas — LP, LLC

305. APHM Palm Springs, LLC

306. Dallas North Beverage Club (Cancelled)

307. APHM Cancun, LLC

308. APHM SC Concessions, LLC

309. APHM North Charleston, LLC

310. APHM North Phoenix, LLC (Cancelled)

311. Arroyo Hotel, LLC

312. Grover Hotel, LLC

313. APHM Cancun Hotel Management, LLC

314. APHM AZ Concessions, LLC

315. APHM Kona Beach, LLC (Cancelled)

316. LAX Hotel Ventures, LLC

317. APHM Westward Look, LLC

318. APHM Sunport, LLC

319. OKC Hotel Ventures, LLC

320. Capital Brickell Hotel, LLC (Cancelled)

321. Columbia Hotel Ventures, LLC

322. Charlotte Hotel Ventures, LLC

323. Studio City Hotel Ventures, LLC

324. Gunter PS, LLC (Cancelled)

325. Westwind Charlotte, LLC

326. Westwind Columbia, LLC

327. Historico Hotel Investment, LLC (Cancelled)

328. APHM Studio City, LLC

329. APHM St. Louis, LLC

330. APHM Mexico City, LLC (Cancelled)

331. APHM FL Hotel Management, LLC (NIMES) Three Wall — Mexico City, LLC

(Cancelled)

332. Westwind Mexico City, LLC (Cancelled)

333. Whitney Feeder, LLC

334. Threewall Management, LLC (Cancelled)

335. Gateway HI, L.L.C.

336. La Mer Hotel S De R L De C V

337. St. Louis Hotel Ventures, LLC

338. Mayflower Hotel Ventures, LLC

339. APHM Mayflower, LLC

340. Mayflower Spa Ventures, LLC

341. Mayflower Land Ventures, LLC

342. Mexico City Hotel Ventures, LLC (Cancelled)

343. American Property Investors — OKC, LLC

344. DNT — OKC, LLC

345. YNT — OKC, LLC

346. Three Wall — OKC, LLC

347. API — OKC, LLC

348. APHM Marquis, LLC (Cancelled)

349. Ft Worth Hotel Ventures, LLC (Cancelled)

350. Westwind Ft Worth, LLC (Cancelled)

351. St Charles Hotel Ventures, LLC (Cancelled)

352. Westwind St Charles, LLC (Cancelled)

353. Pima Hotel Ventures, LLC

354. APHM Indianapolis, LLC (Cancelled)

355. Noel Road Social Club of Dallas, Inc.

356. IN Hotel Ventures, LLC (Cancelled)

357. Holualoa Hotel La Jolla, LLC

358. Valencia Villas, LLC (Cancelled)

359. Tripoli Olive Oil, LLC

360. American Property Management Intl, LLC

361. Charlotte Funds, LLC

362. Columbia Funds, LLC

363. Avenger Hotel Management, LLC

364. Health Foods, LLC

365. International Hotel Management, LLC

366. Jetstream Hotels & Resorts, LLC

367. Jetstream Hotel Management, LLC

368. Pacific Pearl Hotel Management, LLC

369. Pacific Pearl Hotel Management — Fort Myers, LLC (Cancelled)

370. ABQ Hotel & Waterpark Investment, LLC

371. Wisconsin Dells Investment, LLC

372. Pacific Pearl Hotels, LLC

373. Pacific Pearl Hotel Management — San Diego, LLC

374. Pacific Pearl Hotel Management — La Jolla, LLC

375. San Diego Harbor View Investment, LLC

376. Little Italy Hotel Investment, LLC

377. Downtown San Diego Hotel Investment, LLC

378. Harbor View Hotel Manager, LLC

379. Pacific Pearl Hotel Management — Wisconsin, LLC

380. Pacific Pearl Hotel Management — ABQ, LLC

381. Pacific Pearl Hotel Management — Las Vegas, LLC

382. Pacific Pearl Hotel Management — SLC, LLC

383. Pacific Pearl Hotel Management — Boerne, LLC

384. Pacific Pearl Hotel Management — NW,

385. Yakima Hotel Investment, LLC

386. Yakety Yak Investment, LLC

387. Pacific Pearl Hotel Management — Canton, LLC

388. Canton Hotel Investment, LLC

389. PPH Sushi, LLC, f/k/a PPH Yakima Investment, LLC

390. Pacific Pearl Hotel Management — Niagara, LLC

391. FSSA3711, LLC

392. Pacific Pearl Hotel Management — Ontario, LLC

393. Atlanta Norcross Hotel Investment, LLC

394. Peachtree Corners Hotel Investment, LLC

395. Pacific Pearl Hotel Mgmt — GA, LLC

396. Manzano Hotel Investment, LLC

Source:  Leagle

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