5 Facsimile: (213) Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 1 of 8 Page ID #:270 RULE 26(F) JOINT REPORT.

Transcription

1 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 1 of 8 Page ID #:270 I GARY OWEN CARIS (SBN ) gcarisrnckennalong.com LESLEYANNE HAWES (SBN ) lhawesmckennalong.com 3 McKENNA LONG & ALDRftGE LLP 300 South Grand Avenue, 14th Floor 4 Los Angeles, CA Telephone: (213) Facsimile: (213) ANGELA E. FONES (SBN ) afonesmckenna1ong.com 7 McKENNA LONG & ALDRThGE LLP 101 California Street, 41st Floor 8 San Francisco, CA Telephone: (415) Facsimile: (415) Attorneys for Plaintiff ROBB EVANS & ASSOCIATES LLC as 11 Receiver for AOB COMMERCE, INC., et al. 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION ROBB EVANS & ASSOCIATES LLC CASE NO. CV CAS (JCx) as Receiver for AOB COMMERCE, 16 INC., AOB ASTA FUND I, LLC, AOB RULE 26(f) JOINT REPORT MANAGEMENT INC., AOB 17 MEDIA, INC., AOB [Fed. Rules of Civ. Proc. Rule 26(01 TRANSPORTATION, INC., AOB 18 VACATIONS, INC. and Their Subsidiaries and Affiliates, DATE: October 18, TIME: 11:00a.m. Plaintiff, PLACE: Courtroom 5 20 v. 21 SHYAN SHUENN CHOU; TRACY 22 GAl; YU ME! LAN; SHI JIN QIU; CHUN MET LU also known as CHUN 23 WE! LU also known as CINDY LU; TU-UYEN PHUOC NGUYEN; 24 DENNIS SEO; HYON UNICE KIM SEQ also known as UNICE KIM; 25 MOJTABA TAHANI; and SOUDABEH FALAHATI,, 26 Defendants. 27 McKENN,\ LONG & LOS ANGELES LA:

2 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 2 of 8 Page ID #:271 1 I. 2 INTRODUCTION 3 Pursuant to Federal Rules of Civil Procedure Rule 26(f), the U.S. Central 4 District Court Local Rule 26-1, and the Order Setting Scheduling Conference filed 5 by the Court on August 2, 2010, Plaintiff Robb Evans & Associates LLC as 6 Receiver ( Plaintiff ) for AOB Commerce, Inc., AOB Asia Fund I, LLC, AOB 7 Management, Inc., AOB Media, Inc., AOB Transportation, Inc., AOB Vacations, 8 Inc. and their subsidiaries and affiliates (the Receivership Entities ) requested that 9 all parties who had appeared attend a telephonic early meeting of counsel on 10 September 15, 2010 at 3:00 p.m. The following parties attended the meeting: 11 Angela E. Fones, counsel for Plaintiff; Alfredo X. Jarrin and Steven A. Heath, 12 counsel for defendant Tracy Gai. Ms. Gai is the only defendant who had appeared 13 in this lawsuit by the date of the early meeting of counsel. 14 II. 15 JOINT REPORT 16 A. Statement of Claims and Affirmative Defenses Plaintiff 18 Plaintiff seeks to recover for the receivership estate payments or 19 commissions or bonuses or referral fees paid to defendants by the Receivership 20 Entities in excess of defendants principal investment with the Receivership 21 Entities. Plaintiff bases its claims for recovery under the Uniform Fraudulent 22 Transfer Act, California Civil Code Section 3439 et seq. Plaintiff also seeks 23 turnover of receivership property and recoveries under theories of unjust 24 enrichment and constructive trust. 25 Under the case law interpreting the Uniform Fraudulent Transfer Act, 26 Plaintiff is entitled to recover from those investors in the Ponzi scheme who 27 received more than the principal amount of their investment. McKENNA LONG & ALoRoGE LLP Los ANGELES

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4 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 4 of 8 Page ID #: Issues regarding disclosure or discovery of electronically stored 2 information 3 The parties do not believe that there are significant quantities of 4 electronically stored information and therefore do not foresee any issues regarding 5 disclosure or discovery of electronically stored information Issues regarding claims of privilege or of protection as trial- 7 preparation materials 8 The parties agree that at this time there should not be a procedure to assert 9 claims of privilege or of protection as trial-preparation materials after production Changes in limitations on discovery imposed under the Federal 11 Rules or Local Rules 12 The parties do not believe that any changes in limitations on discovery 13 imposed under the Federal Rules or Local Rules should be made by this Court Other orders by the Court under Rule 26(c) or Rule 16(b) or (c) 15 The parties do not believe that the Court should enter any protective orders 16 under Rule 26(c), or any modified discovery orders under Rule 16(b), or any other 17 orders under Rule 16(c) at this time. 18 C. Complexity of Case 19 The parties to this joint report agree that this case does not constitute 20 complex litigation and that there is no need to utilize the Manual for Complex 21 Litigation. 22 D. Motions for Summary Judgment 23 Plaintiff anticipates that this action may be resolved entirely or as to certain 24 defendants by a motion for summary judgment. Ms. Gai may also bring a motion 25 for summary judgment. 26 E. Settlement Procedure and Discussion 27 The parties have begun settlement discussions and will continue to work toward resolving this action. The parties submitting this joint report have selected MCKENNA long & AIDRIDGE LLP - 4 Los ANGELES -

5 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 5 of 8 Page ID #:274 McKENNA LONG & ALORIOGE LLP LOS ANGELES 1 Settlement Procedure No. 1 under Local Rule , providing for the parties to 2 appear before the District Judge or a Magistrate Judge for future formal settlement 3 proceedings. 4 F. Estimate of Trial Length/Discussion of Trial by Jury 5 Plaintiff anticipates that a trial will take three days. Plaintiff does not foresee 6 any unusual trial problems with the case. Plaintiff requests a non-jury trial and 7 reserves the right to contest the availability of a jury trial. 8 Ms. Gai contends that the length of a trial will depend upon the number of 9 parties in this case and whether any entries of default entered by the Court are set 10 aside. if no defaults are set aside in this matter, then Ms. Gai agrees with Plaintiff s 11 trial estimate of three days. Ms. Gai has requested a jury trial. 12 G. Additional Parties 13 The parties do not anticipate adding any additional parties to the lawsuit. 14 The parties agreed that December 20, 2010 should be the cut off date for amending 15 pleadings and claims in this case. 16 H. Expert Witnesses 17 Plaintiff does not anticipate using any experts in this case. Ms. Gai reserves 18 the right to designate expert witnesses and call expert witnesses at trial. 19 /1/ 20 /7/ 21 /7/ 22 1/7 23 /7/ 24 /// 25 /7/ 26 /7/ 27 7/! /// - 5 -

6 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 6 of 8 Page ID #:275 1 I. Proposed Dates 2 There remains one defendant, Chun Mei Lu also known as Chun Wei Lu also 3 known as Cindy Lu ( Lu ), who has not been served in this case. The Court has 4 ordered Plaintiff to serve Lu by publication. Plaintiff has begun the process of 5 serving Lu by publication. Subject thereto, the following proposed dates were 6 agreed upon by the parties to this joint report: 7 Amended pleadings and claims cut-off: December 20, Expert Witness cut-off: February 25, Discovery cut-off: April 25, Motion cut-off: July 11, Trial: September 20, Dated: September, 2010 BROWN WHITE & NEWHOUSE LLP By: ALFREDO X. JARRIN 16 STEVEN A. HEATH 17 Attorneys for Defendant TRACV GA! Dated: September$J 2010 McKENNA LONG & ALDRIDGE LLP 21 / if! / 1/ L // 22 By i j i 7 C - Gary Owen Caris Lesley Anne Hawes Angela E. Fones Attorneys for Plaintiff ROBB EVANS & ASSOCIATES LLC as Receiver for AOB COMMERCE, INC., et al. MCKENNA LONG & ALDRDGE LLP - LOS ANGELES 6 - RULE 26(F) JOINT REPORT

7 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 7 of 8 Page ID #: MCKENNA LONG & ALDEIDGE LLP LOS ANGELES I. Proposed Dates There remains one defendant, Chim Mei Lu also known as Chun Wei Lu also known as Cindy Lu ( Lu ), who has not been served in this case. The Court has ordered Plaintiff to serve Lu by publication. Plaintiff has begun the process of serving Lu by publication. Subject thereto, the following proposed dates were agreed upon by the parties to this joint report: Amended pleadings and claims cut-off: December 20, 2010 Expert Witness cut-off: February 25, 2011 Discovery cut-off: April 25, 2011 Motion cut-off: July 11, 2011 Trial: September 20, 2011 Dated: SeptemberZ, 2010 BROWN STEVEN A. HEATH Attorneys for Defendant TRACY GAl Dated: September, 2010 McKENNA LONG & ALDRIDGE LLP By: Gary Owen Cans Lesley Anne Hawes Angela E. Fones & NEWHOUSE LLP Attorneys for Plaintiff ROBB EVANS & ASSOCIATES LLC as Receiver for AOB COMMERCE, 1NC., et a!.

8 Case 2:10-cv CAS-JC Document 48 Filed 09/29/10 Page 8 of 8 Page ID #:277 1 PROOF OF SERVICE BY ELECTRONIC FILING STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am a citizen of the United States and employed in San Francisco, California. I am over the age of eighteen years and not a party to the within-titled action. My business address is 101 California Street, 41 st Floor, San Francisco, California, On September 29, 2010, I served the following g: 9 RULE 26(f) JOINT REPORT 10 upon the counsel listed and by the methods indicated below: 11 The following CMJECF participants were served by electronic means 12 through the Court on September 29, 2010: 13 Alfredo Xavier Jarrin ajarrinbrownwhitelaw.com 14 Angela E Fones afonesiuckennaiong.com, 15 cg1overnickennalong.com 16 Gary 0 Cans gcarismckennalong.com, 17 pcoatesmckennalong.com 18 Kenneth P White kwhite@brownwhitelaw.com 19 Lesley Anne Hawes lhawesmckennalongcom, 20 pcoatesmckennalong.com MCKENNA LONG & ALDRWGE LLP LOS ANGE1ES Steven Alan Heath sheath@brownwhitelaw.com I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on September 29, 2010, at San Francisco, California. /s/ Camilla Glover CAMILLA GL0vER

9 CM/ECF - California Central District Page 1 of 1 9/29/2010 Pretrial and Trial Documents 2:10-cv CAS-JC Rob Evans & Associates LLC v. Shyan Shuenn Chou et al (JCx), DISCOVERY, RELATED-G UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA Notice of Electronic Filing The following transaction was entered by Fones, Angela on 9/29/2010 at 4:04 PM PDT and filed on 9/29/2010 Case Name: Rob Evans & Associates LLC v. Shyan Shuenn Chou et al Case Number: 2:10-cv CAS-JC Filer: Rob Evans & Associates LLC Document Number: 48 Docket Text: JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Rob Evans & Associates LLC.. (Fones, Angela) 2:10-cv CAS-JC Notice has been electronically mailed to: Alfredo Xavier Jarrin ajarrin@brownwhitelaw.com Angela E Fones Gary O Caris afones@mckennalong.com, cglover@mckennalong.com gcaris@mckennalong.com, pcoates@mckennalong.com Kenneth P White kwhite@brownwhitelaw.com Lesley Anne Fleetwood Hawes lhawes@mckennalong.com, pcoates@mckennalong.com Steven Alan Heath sheath@brownwhitelaw.com 2:10-cv CAS-JC Notice has been delivered by First Class U. S. Mail or by fax to: : The following document(s) are associated with this transaction: Document description:main Document Original filename:\\sffile01\490\cglove\chou Rule 26(f) Joint Report ( ).PDF Electronic document Stamp: [STAMP cacdstamp_id= [Date=9/29/2010] [FileNumber= ] [3b72ec6ceb293dd93d6a4b87404acc0d59b1bbe509976ccb0abab5e b82de 67b64e067b061c47e6bd f893657a75c5ccb1898ff08cbdd31609]]