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Doc 47 Entered 05/02/18 15:05:58 Page 1 of 5
Case 17-05016-btb
Matthew D. Francis
Nevada Bar No. 6978
mfrancis@bhfs.com
Arthur A. Zorio
Nevada Bar No. 6547
azorio@bhfs.com
BROWNSTEIN HYATT FARBER SCHRECK, LLP
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 ARTHUR A. ZORIO IN SUPPORT OF CROSS-DEFENDANT JED MARGOLIN’S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST CROSS-CLAIMANT PATRICK CANET AND OPPOSITION TO COUNTER MOTION
Hearing Date: May 24, 2018
Hearing Time: 10 a.m.
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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KOROGHLI MANAGEMENT TRUST,
Counter-Defendants.
__________________________________/
PATRICK CANET,
Cross-Claimant,
v.
JED MARGOLIN,
Cross-Defendant.
I, ARTHUR A. ZORIO do hereby declare and state as follows:
1. I am a partner at the law firm of Brownstein Hyatt Farber Schreck, LLP, and counsel of record in this action. 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 Jed Margolin’s Reply in support of Motion for Summary Judgment Against Cross-Claimant Patrick Canet and Opposition to Counter Motion.
2. Attached hereto as Exhibit A are true and correct copies of the Default Judgment which was recorded, as follows:
Recorded
on 08/16/2013 as
Recorded on 08/20/2013 as Clark County Inst # 201308200001370;
Recorded
on 08/16/2013 as
Recorded
on 08/16/2013 as
Recorded
on 08/19/2013 as
3. Attached hereto as Exhibit B is a true and correct copy of the Writ of Execution, Notice of Execution with Procedure for Claiming Exempt Property; and, the Declaration of Service of same on Reza Zandian by post and mail on 2/20/2015 for Washoe County APN: 084-130-07.
4. Attached hereto as Exhibit C is a true and correct copy of the Writ of Execution, Notice of Execution with Procedure for Claiming Exempt Property; and, the Declaration of Service of same on Reza Zandian by post and mail on 2/20/2015 for Washoe County APN: 079-150-10.
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5. Attached hereto as Exhibit D is a true and correct copy of the Writ of Execution, Notice of Execution with Procedure for Claiming Exempt Property; and, the Declaration of Service of same on Reza Zandian by post and mail on 2/20/2015 for Washoe County APN: 084040-02.
6. Attached hereto as Exhibit E is a true and correct copy of the Writ of Execution, Notice of Execution with Procedure for Claiming Exempt Property; and, the Declaration of Service of same on Reza Zandian by post and mail on 2/20/2015 for Washoe County APN: 079-150-12.
7. Attached hereto as Exhibit F are true and correct copies of documents from the Washoe County Sheriff Civil Division in response to a Subpoena Duces Tecum, along with the Declaration of Custodian of Civil Records, in connection with the execution and sale of real properties located in Washoe County, Nevada, APN’s: 079-150-10, 079-150-12, 084-130-07 and 084-040-02.
8. Attached hereto as Exhibit G is a true and correct copy of an Affidavit of Posting Notice of Sheriff’s Sale of Real Property Under Execution by the Clark County Sheriff on 10/23/2014 for Clark County APN: 071-02-000-013.
9. Attached hereto as Exhibit H is a true and correct copy of an Affidavit of Posting Notice of Sheriff’s Sale of Real Property Under Execution by the Clark County Sheriff on 10/23/2014 for Clark County APN: 071-02-000-005.
10. Attached hereto as Exhibit I is a true and correct copy of an Affidavit of Publication of Notice of Sheriff’s Sale of Real Property Under Execution, filed on November 6, 2014 in connection with Clark County APN: 071-02-000-013.
11. Attached hereto as Exhibit J is a true and correct copy of an Affidavit of Publication of Notice of Sheriff’s Sale of Real Property Under Execution, filed on November 6, 2014 in connection with Clark County APN: 071-02-000-005.
12. Attached hereto as Exhibit K is a true and correct copy of a Certificate of Service of Affidavits of Posting Notice of Sheriff’s Sale of Real Property Under Execution, filed November 6, 2014 in connection with Clark County APN’s: 071-02-000-005 and 071-02-000-013.
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13. Attached hereto as Exhibit L is a true and correct copy of the Opposition to Motion for Writ of Execution, filed by Zandian in the district court on April 21, 2014.
14. Attached hereto as Exhibit M is a true and correct copy of the Notice filed by Zandian in the district court on June 6, 2014, providing notice that he is “unable to pay” as ordered by the Court.
15. Attached hereto as Exhibit N is a true and correct copy of the district Court’s Order Granting Plaintiff’s Motion for Debtor Examination and to Produce Documents, filed on November 6, 2015.
16. Attached hereto as Exhibit O is a true and correct copy of the Sheriff’s Deed re APN: 071-02-000-005, as recorded with the Clark County Recorder’s office on 10/19/2016 as Inst # 20161019-0000379.
17. Attached hereto as Exhibit P is a true and correct copy of the Sheriff’s Deed re APN: 071-02-000-013, as recorded with the Clark County Recorder’s office on 10/19/2016 as Inst # 20161019-0000378.
I declare under penalty of perjury that the foregoing is true and correct.
DATED: This 2nd day of May, 2018.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
By: /s/Arthur A. Zorio
Matthew D. Francis
Arthur A. Zorio
Telephone: 775-324-4100
Attorneys for JED MARGOLIN
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CERTIFICATE OF SERVICE
Pursuant to Fed. R. Civ. P. 5(b), I certify that I am an employee of BROWNSTEINHYATT FARBER SCHRECK, LLP, and on this 2nd day of May, 2018, I served the document entitled DECLARATION OF ARTHUR A. ZORIO IN SUPPORT OF CROSSDEFENDANT JED MARGOLIN’S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AGAINST CROSS-CLAIMANT PATRICK CANET AND OPPOSITION TO COUNTER MOTION 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.
yli@wrightlegal.net
Jeffrey L. Harman, Esq.
HARMAN & HARTMAN
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 foregoing parties electronically.
/s/ Nancy R. Lindsley
Employee of Brownstein Hyatt Farber Schreck, LLP
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