Opinion
NO. 14-CV-484 BJR
10-22-2018
BOFI FEDERAL BANK, a federally chartered banking institution, Plaintiff, v. ADVANCE FUNDING LLC; KIRK A. TOVEY, individually and as trustee of the KIRK A. TOVEY REVOCABLE TRUST; and SETTLEMENT COLLECTION SERVICE, LLC, Defendants.
ORDER SETTING ORAL ARGUMENT ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Having reviewed the Motion for Summary Judgment of Defendants Kirk A. Tovey and Settlement Collection Service, LLC, and all pleadings submitted in support of and in response to that Motion, the Court hereby calls for oral argument. The oral argument is scheduled for 11:00 a.m. on Friday, October 26, 2018; each side is allotted 15 minutes.
Counsel shall be prepared to argue all aspects of the Motion, but in particular respond to the following: (1) Whether Sheena Venzant's assignment of her lottery winnings on May 21, 2013 to Advance Funding constituted a breach or repudiation of her contract with BofI Federal Bank; and, (2) if so, how Defendants Tovey and Settlement Collection Service could be found to have induced such breach if, as the undisputed evidence demonstrates, they were unaware of either Ms. Venzant's identity, or any agreement she may have had with BofI, until sometime in June 2013, after the May 21, 2013 contract with Advanced Funding was executed.
The currently scheduled Pretrial Conference shall commence immediately following the oral argument.
Signed this 22nd day of October, 2018.
/s/_________
Barbara Jacobs Rothstein
U.S. District Court Judge