{Converted to html. The PDF is the controlling document. JM}

 

 

Case 17-05016-btb        Doc 25             Entered 03/21/18 15:24:45         Page 1 of 4

 

Matthew D. Francis

Nevada Bar No. 6978

Nevada Bar No. 6978

mfrancis@bhfs.com

Arthur A. Zorio

Nevada Bar No. 6547

azorio@bhfs.com

BROWNSTEIN HYATT FARBER SCHRECK, LLP

5371 Kietzke Lane

Reno, NV 89511

Telephone: 775.324.4100

Facsimile: 775.333.8171

 

Attorneys for JED MARGOLIN

 

 

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF NEVADA

 

BK-N-16-50644-BTB

Chapter 15

 

Adversary Proceeding: 17-05016-BTB

 

DECLARATION OF ADAM P. MCMILLEN IN SUPPORT OF DEFENDANT JED MARGOLIN’S MOTION FOR SUMMARY JUDGMENT AGAINST CROSS CLAIMANT PATRICK CANET

 

Hearing Date: May 24, 2018

Hearing Time: 10 a.m.

Estimated Time: 1-2 hours

 

In Re JAZI GHOLAMREZA ZANDIAN,

 

            Debtor.

 

__________________________________/

 

FRED SADRI, AS TRUSTEE FOR THE STAR LIVING TRUST, DATED APRIL 14, 1997; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST,  

 

            Plaintiffs,

 

 v.

 

JED MARGOLIN; JAZI GHOLAM REZA ZANDIAN; and all other parties claimingan interest in real properties described in this action,

 

            Defendants.

 

__________________________________/

 

PATRICK CANET,

 

            Counterclaimant,

 

 v.

 

FRED SADRI, INDIVIDUALLY AND AS TRUSTEE FOR THE STAR LIVING TRUST; RAY KOROGHLI, INDIVIDUALLY; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR

 

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 Case 17-05016-btb       Doc 25             Entered 03/21/18 15:24:45         Page 2 of 4

 

KOROGHLI MANAGEMENT TRUST,

 

            Counter-Defendants.

__________________________________/

 

 

PATRICK CANET,

 

            Cross-Claimant,

 

v.

 

JED MARGOLIN,

 

            Cross-Defendant.

 

 

I, Adam P. McMillen do hereby declare and state as follows:

 

1.  I am an attorney at the Law Offices of Karl H. Smith. Prior to joining the Smith law firm, I was an attorney at the law firm of Brownstein Hyatt Farber Schreck, LLP (“BHFS”), where I was counsel of record for Mr. Margolin in this action. Prior to my tenure at BHFS, I was an attorney at the law firm of Watson Rounds. I have personal knowledge of the facts which are hereinafter related and make this Declaration on the basis of such personal knowledge. If called to testify at any hearing or trial regarding the above-matter, I swear I could testify competently to the matters stated herein. This Declaration is made in support of Defendant Jed Margolin’s Statement of Undisputed Facts in Support of Defendant Jed Margolin’s Motion for Summary Judgment Against Cross Claimant Patrick Canet and Jed Margolin’s Motion for Summary Judgment Against Cross Claimant Patrick Canet.

 

2.  On December 9, 2014, I attended a public auction at the Regional Justice Center at 200 Lewis Street, Las Vegas, Nevada 89101 for the sale of APN 071-02000-005. On December 9, 2014, I was the highest bidder for APN 071-02000-005, and purchased that real property on Jed Margolin’s behalf for $8,000. Attached hereto as Exhibit A is a true and correct copy of a Sheriff’s Certificate of Sale of Property for APN 071-02000-005 in Clark County, Nevada.

 

3.  On April 3, 2015, I attended a public auction at the Second Judicial District Court at 75 Court Street, Reno, Nevada 89501 for the sale of APN 084-130-07. On April 3, 2015, I was the highest bidder for APN 084-130-07, and purchased that real property on Jed Margolin’s behalf for

 

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Case 17-05016-btb        Doc 25             Entered 03/21/18 15:24:45         Page 2 of 4

 

 

$3,000. Attached hereto as Exhibit B is a true and correct copy of a Sheriff’s Certificate of Sale of Property for APN 084-130-07 in Washoe County, Nevada.

 

4.  On April 3, 2015, I attended a public auction at the Second Judicial District Court at 75 Court Street, Reno, Nevada 89501 for the sale of APN 079-150-10. On April 3, 2015, I was the highest bidder for APN 079-150-10, and purchased that real property on Jed Margolin’s behalf for $5,000. Attached hereto as Exhibit C is a true and correct copy of a Sheriff’s Certificate of Sale of Property for APN 079-150-10 in Washoe County, Nevada.

 

5.  On April 3, 2015, I attended a public auction at the Second Judicial District Court at 75 Court Street, Reno, Nevada 89501 for the sale of APN 084-040-02. On April 3, 2015, I was the highest bidder for APN 084-040-02, and purchased that real property on Jed Margolin’s behalf for $5,000. Attached hereto as Exhibit D is a true and correct copy of a Sheriff’s Certificate of Sale of Property for APN 084-040-02 in Washoe County, Nevada.

 

6.   On April 3, 2015, I attended a public auction at the Second Judicial District Court at 75 Court Street, Reno, Nevada 89501 for the sale of APN 079-150-12. On April 3, 2015, I was the highest bidder for APN 079-150-12, and purchased that real property on Mr. Jed Margolin’s behalf for $15,000. Attached hereto as Exhibit E is a true and correct copy of a Sheriff’s Certificate of Sale of Property for APN 079-150-12 in Washoe County, Nevada.

 

 

I declare under penalty of perjury that the foregoing is true and correct.

 

DATED: This 20th day of March, 2018.

 

By:

 

__________________ 

Adam P. McMillen

 

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 Case 17-05016-btb       Doc 25             Entered 03/21/18 15:24:45         Page 3 of 4

 

 

CERTIFICATE OF SERVICE

 

Pursuant to Fed. R. Civ. P. 5(b), I certify that I am an employee of BROWNSTEIN HYATT FARBER SCHRECK, LLP, and on this day of March, 2018, I served the document entitled DECLARATION OF ADAM MCMILLEN IN SUPPORT OF DEFENDANT JED MARGOLIN’S MOTION FOR SUMMARY JUDGMENT AGAINST CROSS CLAIMANT PATRICK CANET on the parties listed below via the following:

 

[ ]  VIA FIRST CLASS U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Reno, Nevada, addressed as follows:

 

Dana Jonathon Nitz, Esq.

Yanxiong Li, Esq.

Wright, Finlay & Zak, LLP

7785 W. Sahara Avenue., Suite 200

Las Vegas, NV 89117

yli@wrightlegal.net

 

Jeffrey L. Harman, Esq.

HARMAN & HARTMAN

510 West Plumb Lane, Suite B

Reno, NV 89509

notices@bankruptcyreno.com

 

[ ]  BY PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered by such designated individual whose particular duties include delivery of such on behalf of the firm, addressed to the individual(s) listed, signed by such individual or his/her representative accepting on his/her behalf. A receipt of copy signed and dated by such an individual confirming delivery of the document will be maintained with the document and is attached.

 

[ ]  VIA COURIER: by delivering a copy of the document to a courier service for over-night delivery to the foregoing parties.

 

 

[X ]  VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of the Court using the ECF system which served the following parties electronically:

 

 

Nancy Lindsley

 

Employee of Brownstein Hyatt Farber Schreck, LLP

 

 

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