Hopkins v. Reach America, LLC et al
Adversary Proceeding
Lead BK case is: 4:13-bk-40838
Lead BK case is: 4:13-bk-40838
| Idaho Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Jim D Pappas |
| Case #: | 4:15-ap-08109 |
| Nature of Suit | 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Jun 13, 2015 |
| Terminated: | Oct 13, 2016 |
| Last checked: never |
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Defendant
Reach America, LLC, a division of Reach America ESG, LTD, a California limited liability company
1291 Marcello Drive
San Jose, CA 95131 |
Represented By
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Defendant
John Does 1 - 10
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Represented By
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Plaintiff
R. Sam Hopkins, Chapter 7 Trustee
P.O. Box 3014
Pocatello, ID 83206 |
Represented By
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| Docket last updated: 05/05/2025 1:05 PM MDT |
| Thursday, October 13, 2016 | ||
| 24 | 24
court
Notice of Disposition of Unclaimed Exhibits
Thu 10/13 3:19 PM
Disposition of unclaimed exhibits for hearing/trial held on 12/2/2015 - Please take notice, the time allowed for the Court to retain custody of exhibits admitted in this case at the hearing or trial has expired. Parties will have 30 days from this notice to claim Witness exhibit binders. Any exhibits unclaimed shall be destroyed or otherwise disposed of in accordance with LBR 5007.1(d). [1 binder from Mr. Maynes] (drh) |
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court|utility
Close Adversary Case|Disposition of Adversary
Thu 10/13 3:19 PM
Disposition of Adversary 4:15-ap-8109 Judgment For Plaintiff, Adversary Case 4:15-ap-8109 Closed (drh) |
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| Thursday, April 07, 2016 | ||
| 23 | 23
court
Writ Issued
Thu 04/07 2:52 PM
Issued Writ of of Execution (drh) |
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| 22 | 22
order
Writ
Thu 04/07 2:51 PM
Order Granting Application for Writ Signed on 4/7/2016. (drh) |
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| 21 | 21
motion
Writ
Thu 04/07 11:39 AM
Application for Writ of Execution to the United States Marshal Filed by Plaintiff R. Sam Hopkins (Taggart, Steven) |
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| Wednesday, April 06, 2016 | ||
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court
Court's Certificate of Service of Certified Document
Wed 04/06 12:36 PM
Court's Certificate of Service of Certified Document re18 Judgment, Request For a Certified Copy A Notice of Entry has been served by E-Mail to: staggart101@gmail.com (drh) |
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| Tuesday, April 05, 2016 | ||
| 20 | 20
crditcrd
Auto-Docket of Credit Card
Tue 04/05 1:31 PM
Receipt of Request For a Certified Copy 15-08109 JDP) [misc,certcopy] ( 11.00) Filing Fee. Receipt number 5867726. Fee amount 11.00. (U.S. Treasury) |
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misc
Certified Copy Request
Tue 04/05 1:21 PM
Request For a Certified Copy of document18 Judgment. The Document will be sent to Maynes Taggart PLLC P.O. Box 3005 Idaho Falls, ID 83403. Filed by Plaintiff R. Sam Hopkins . Certified Copy due 04/6/2016. (Taggart, Steven) |
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| Wednesday, January 06, 2016 | ||
| 19 | 19
court
BNC Certificate of Mailing - Judgment Order
Wed 01/06 10:58 PM
BNC Certificate of Mailing - Judgment Order Notice Date 01/06/2016. (Admin.) |
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| Monday, January 04, 2016 | ||
| 18 | 18
order
Judgment
Mon 01/04 10:59 AM
Default Judgment and Order Entered in favor of Plaintiff, R. Sam Hopkins, Trustee and against Defendants REACH AMERICA, LLC, a division of REACH AMERICA ESG, LTD., a California limited liability company; and John Does 1 through 10. For the amount of $ 107,871.01. Signed on 1/3/2016. (drh) |
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| 17 | 17
court
Findings of Fact and Conclusions of Law
Mon 01/04 10:57 AM
Findings of Fact and Conclusions of Law dated January 3, 2016 (drh) |
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| Thursday, December 10, 2015 | ||
| 16 | 16
2
pgs
order
Memorandum Decision (FREE TO VIEW)
Thu 12/10 4:02 PM
Memorandum Decision Signed on 12/10/2015 . (dj) |
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| Wednesday, December 02, 2015 | ||
| 15 | 15
court
Minute Entry Hearing Held (Other)
Wed 12/02 4:25 PM
Hearing Held Appearances: Robert Maynes for Plaintiff A consolidated hearing on Plaintiffs motions for default judgment was held. Preliminary comments from Mr. Maynes and Mr. Cheney, with questions by the Court. 15-8060 RSH v Clark Wireless, Inc. The matter has been tentatively resolved. Hearing on Plaintiffs motion is CONTINUED to January 13, 2016, at 1:30 p.m. If appropriate settlement documents are filed, this hearing may be vacated. 15-8131 RSH v Palapina, Inc.: Defendant has filed a Motion to Set Aside Clerks Default [docket 16] and supporting declarations. After considering the comments of counsel, the hearing on Plaintiffs motion for default judgment is CONTINUED to January 13, 2016, at 1:30 p.m. Prior to that date, Defendant must decide whether or not he ask the bankruptcy court to consider the motion to set aside the default. In addition, the Court will enter a consent order in this action, which will require the parties to either expressly consent to the authority of the bankruptcy court, or to timely file a Motion to Withdraw the Reference. If a motion to withdraw the reference is filed, but the District Court hasnt acted on that motion, the continued hearing may be vacated. 15-8051 Silicon Manufacturing and Sourcing Solutions, Inc.: After discussion, the Court deems the Motion for Default Judgment [docket 8] withdrawn at Plaintiffs request, without prejudice. In addition, on its own motion, the Court orders that the Clerks Default Judgment be set aside [docket 7]. Counsel will request issuance of Another Summons and make proper service on Defendant. Re Plaintiffs motions in the other adversary proceedings: Mr. Maynes notes that Plaintiff is not seeking entry of a default judgment on any claims asserted in these adversary proceedings under §544(b)/28 USC 3304 because IRS has amended its proof of claim in the bankruptcy case to $0". Those claims shall remain pending, but unresolved. Comments by the Court regarding the Trustees position regarding its authority to enter a final judgment on a Stern claim where a party has failed to appear and has been defaulted. Comments by Mr. Maynes regarding the Courts authority, with questions by the Court. Mr. Maynes offers all exhibits submitted to the Clerk in each adversary proceeding. The Court Admits all exhibits offered [see attached lists]. 15-8066 RSH v Carbis, Inc.: Mr. Maynes discussed various exhibits: Exh 100: wire transfer; Exh 101 is an account statement. Other exhibits speak to insolvency. Default amount: $25,527.30. 15-8196 RSH v Landstar Inway, Inc. Exh 100: statement of account from PiperJaffray. Exh 107/104: excerpt from 2011 tax return. Exh 112: excerpt from Summary regarding name change of Debtor. Exh 101 regarding Landstar. Default amount: $170,343.00. 15-8109 RSH v Reach America, LLC: [2 transfers - different banks]. Exh 100: wire transfer request. Exh 101: Silicon agreement. Default amount: $179,400.00. The Court declines to find there were two transfers. The Court understands the Motion is amended to include a single transfer of $89,700. 15-8187 RSH v 3W Power USA, Inc.: [not proceeding on Count 1]. Exh 119 was Marked and Admitted for illustrative purposes. Exh 100 [includes the amounts in Count One]. Requests the Court look at docket 8, pg 30 of 41 . Exh 120 Marked and Admitted Texas Secretary of State. Counsel corrected Exh 119. 15-8168 RSH v Lexington Group International, Inc.: Exh 119 was Marked and Admitted for illustrative purposes. Exh 100: 3rd party wire requests. The Court had questions about the source. Exh 101: invoices. 15-8099 RSH v Midwest Imperial Steel Fabricators, a division of G and F Manufacturing Co: Exh 119 was Marked and Admitted for illustrative purposes. Exh 100: bank statement/wire transfer application. Exh 101: invoices from Midwest Imperial. 15-8104 RSH v Entro Holding, Inc. Exh 119 was Marked and Admitted for illustrative purposes. Exh 100 3rd party wire request [Kentrol Inc.], etc. Exh 120 is Marked and Admitted. Exh 101 invoices. Mr. Maynes requests the Court take judicial notice of proof of Claim 10; Denied. 15-8043 RSH v M and A Ventures, Ltd dba Hiwide Transport. Exh 100: Court had questions regarding tying Hiwide to M and A Ventures. Exh 101 invoice showing how payment is to be made. Mr. Maynes presentation is concluded: The Court summarizes its tentative decision. Regarding Plaintiffs motion for default judgment in the 8 adversary proceedings addressed by Mr. Maynes: The Court tentatively finds that service of process is adequate, that the named defendants have failed to timely respond, and that Plaintiff has made an adequate factual and legal showing that it is entitled to a default judgment. The Court tentatively decides to award Plaintiff attorney fees in each adversary proceeding equal to 10% of the amount of the avoided transfers, but not to exceed $10,000, as well as actual costs incurred. The Court instructs Plaintiffs counsel to prepare and submit proposed Findings of Fact and Conclusions of Law, together with a proposed Judgment for the amounts requested in these adversary proceedings, for review by the Court. The Court will take the motions UNDER ADVISEMENT and will enter a decision as to its constitutional power to enter a default judgment re a Stern claim. If it has the power to do so, the Court will act on Plaintiffs motions. If the Court concludes that it lacks that authority, the Court will likely enter a decision recommending that the district court withdraw the reference and enter the Findings, Conclusions and default judgments. In that event, it would be Plaintiffs responsibility to pursue the matters in the district court. [ESR: PF] Audio File Location: POC-CTRMB (drh) |
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| Tuesday, December 01, 2015 | ||
| 14 | 14
misc
Exhibit List
Tue 12/01 3:24 PM
Exhibit List Plaintiff's Exhibit List Filed by Plaintiff R. Sam Hopkins. (Maynes, Robert) |
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| Monday, November 30, 2015 | ||
| 13 | 13
8
pgs
misc
Memorandum
Mon 11/30 2:54 PM
Memorandum Filed by Plaintiff R. Sam Hopkins . (Taggart, Steven) |
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| Monday, November 16, 2015 | ||
| 12 | 12
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pgs
misc
Memorandum
Mon 11/16 4:09 PM
Memorandum from Judge Pappas Filed by Dana R. Hoyle, Deputy Clerk . (drh) |
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| Wednesday, November 04, 2015 | ||
| 11 | 11
court
BNC Certificate of Mailing - Notice of Hearing
Wed 11/04 11:09 PM
BNC Certificate of Mailing - Notice of Hearing Notice Date 11/04/2015. (Admin.) |
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| Monday, November 02, 2015 | ||
| 10 | 10
notice
Notice of Hearing
Mon 11/02 3:19 PM
Notice of Hearing Signed on 11/2/2015 . Motion for Default Judgment hearing to be held on 12/2/2015 at 09:00 AM Pocatello - US Courthouse, Bankruptcy/Magistrate Courtroom for8 , (drh) |
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| Thursday, October 29, 2015 | ||
| 9 | 9
misc
Affidavit
Thu 10/29 4:37 PM
Affidavit Re: Affidavit of R. Sam Hopkins, Trustee, In Support of Default Judgment Filed by Plaintiff R. Sam Hopkins . (Madsen, Stephen) |
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| 8 | 8
motion
Default Judgment
Thu 10/29 4:34 PM
Motion for Default Judgment . Filed by Plaintiff R. Sam Hopkins (Madsen, Stephen) |
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| Monday, August 31, 2015 | ||
| 7 | 7
court
Clerk's Entry of Default
Mon 08/31 12:10 PM
DEFAULT IN THIS ACTION, THE DEFENDANT(S), Reach America, LLC. having been regularly served with process and having failed to appear and answer the Plaintiffs complaint on file herein, and the time allowed by law for answering having expired, the default of the said Defendant(s) is hereby duly entered into law. Elizabeth A. Smith, Clerk of Court This Notice of Electronic Filing is the Official Entry of Default for this case. No document is attached. (drh) |
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| 6 | 6
motion
Application for Clerks Default
Mon 08/31 10:01 AM
Application for Clerks Default and Affidavit in Support of Request Filed by Plaintiff R. Sam Hopkins (Madsen, Stephen) |
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| Tuesday, June 16, 2015 | ||
| 5 | 5
cmp
Summons Service Executed
Tue 06/16 4:51 PM
Summons Service Executed on Reach America, LLC 6/16/2015 (Maynes, Robert) |
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| 4 | 4
court
Summons Issued
Tue 06/16 12:05 PM
Summons Issued on John Does 1 - 10 Date Issued 6/16/2015, Answer Due 7/16/2015; Reach America, LLC Date Issued 6/16/2015, Answer Due 7/16/2015 (nl) |
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| Monday, June 15, 2015 | ||
| 3 | 3
*Disregard. See Docket 4 for correct Summons.* Summons Issued on John Does 1 - 10 Date Issued 6/15/2015, Answer Due 7/15/2015; Reach America, LLC Date Issued 6/15/2015, Answer Due 7/15/2015 (nl) Modified on 6/16/2015 (nl)
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| 2 | 2 Receipt of Complaint 15-08109 JDP) [cmp,cmp] ( 350.00) Filing Fee. Receipt number 5531298. Fee amount 350.00. (U.S. Treasury) | |
| Saturday, June 13, 2015 | ||
| 1 | 1
Adversary case 15-08109 13: Complaint by R. Sam Hopkins against Reach America, LLC, John Does 1 - 10. Fee Amount $350 (Maynes, Robert)
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Att: 1
Supplement Adversary Cover Sheet
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Att: 2
Supplement Summons
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