Opinion
Case No. 2:10-CV-06549 R (SSx)
12-07-2011
DAVID A. GILL, solely in his capacity as Permanent Receiver in the matter of Securities and Exchange Commission v. Diversified Lending Group, Inc.; Applied Equities, Inc.; Bruce Friedman and Tina M. Placourakis, U.S.D.C. Case No. CV 09-01533-R-SS, Plaintiff, v. MICHAEL G. KAPLAN, an individual, Defendant.
GEORGE E. SCHULMAN (State Bar No. 064572) KATHY BAZOIAN PHELPS (State Bar No. 155564) MICHAEL G. D'ALBA (State Bar No. 264403) DANNING, GILL, DIAMOND & KOLLITZ, LLP Attorneys for David A. Gill, Receiver
GEORGE E. SCHULMAN (State Bar No. 064572)
KATHY BAZOIAN PHELPS (State Bar No. 155564)
MICHAEL G. D'ALBA (State Bar No. 264403)
DANNING, GILL, DIAMOND & KOLLITZ, LLP
Attorneys for David A. Gill, Receiver
ORDER (1) FOR DISMISSAL OF
ACTION WITH PREJUDICE;
AND (2) FOR WITHDRAWAL OF
PROOFS OF CLAIM
The Court having considered the Stipulation by and between the Receiver and Michael G. Kaplan (1) for Dismissal of Action with Prejudice; and (2) for Withdrawal of Proofs of Claim, and good cause appearing,
IT IS ORDERED THAT
1. The complaint in the above-entitled action is dismissed with prejudice.
2. Any proofs of claim filed by Michael G. Kaplan dba Voir Dire Partners; Michael G. Kaplan dba Michael G. Kaplan & Associates; Michael G. Kaplan dba Kaplan Abraham Burkert & Co.; Michael G. Kaplan; Dina Kaplan; and Brandon Kaplan, by and through his parents and guardians, are deemed to have been withdrawn.
3. All hearings and deadlines currently set in the above-entitled action are hereby vacated.
_______________
UNITED STATES DISTRICT JUDGE
PROOF OF SERVICE
I, Cheryl Caldwell, declare:
I am employed by the law firm of Danning, Gill, Diamond & Kollitz, LLP, in the County of Los Angeles, State of California. I am employed in the office of a member of the bar of this court at whose direction the service was made. I am over the age of 18 years and am not a party to the within action. My business address is 1900 Avenue of the Stars, 11th Floor, Los Angeles, California 90067-4402.
On December 7, 2011, I served the following document(s): [PROPOSED] ORDER (1) FOR DISMISSAL OF ACTION WITH PREJUDICE; AND (2) FOR WITHDRAWAL OF PROOFS OF CLAIM on the interested parties addressed as follows:
U.S. Mail and E-mail
Defendant
Michael G. Kaplan
Richard D. Burstein, Esq.
Ezra Brutzkus Gubner LLP
E-mail Only
John M. McCoy III, Esq.
U.S. Securities & Exchange Commission
Office of Enforcement
(By Mail) I placed the document for collection and deposit in the mail. I am familiar with this firm's practice for the collection and processing of correspondence for mailing. Under that practice, the document would be placed in a sealed envelope and deposited with the UTS. Postal Service on that same day with postage thereon fully prepaid at 1900 Avenue of the Stars, 11th Floor, Los Angeles, California 90067-4402, in the ordinary course of business. The documents served were placed in sealed envelopes and placed for collection and mailing following ordinary business practices. (By E-mail) Electronic transmission.
I declare under penalty of perjury under the laws of the State of California and of the United States of America that the foregoing is true and correct.
Executed on December 7, 2011, at Los Angeles, California.
Cheryl Caldwell
(Type or print name)
Cheryl Caldwell
(Signature)