(IAS Patron) Ronald Rakow & Denise DelBianco vs. Todd Neilson - Summary Judgement
Martin Ottmann
although the judge signed it. I assume he forgot to cross out the
"proposed".]
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
NORTHERN DIVISION
In re: REED E. SLATKIN
Debtor
RONALD RAKOW and DENISE DELBIANCO
Plaintiffs
v.
R. TODD NEILSON, Chapter 11 Trustee,
Defendant
Case No. ND 01-11549-RR
Adv. No. 02-01083
Chapter 11
[PROPOSED] SUMMARY JUDGMENT
The motion of defendant R. Todd Neilson (the "Trustee"), chapter 11
trustee of the bankruptcy estate ("Estate") of Reed E. Slatkin
("Slatkin"), for summary judgment pursuant to Fed.R.Bankr.P. 7056
against plaintiffs Ronald Rakow ("Rakow") and Denise DelBianco
("DelBianco") (collectivelly the "Rakow Parties") came on regularly
for hearing on October 25, 2002, at 10:00 a.m. before the Court. Susan
I. Montgomery, Esq. appeared on behalf of the Trustee. Julia Brand,
Esq. appeared on behalf of DelBianco. Robert Sanger appeared on behalf
of Rakow.
The court, having considered all of the pleadings and evidence before
it, and the oral argument presented by counsel, and good cause
appearing, hereby grants summary judgment against the Rakow Parties on
their complaint for declaratory relief as follows:
IT IS ORDERED, ADJUDGED AND DECREED that:
1. Summary Judgment on the Rakow Parties' entire complaint is granted
in favor of the Trustee and against the Rakow Parties.
2. The Estate is the lawful owner of the following paintings (the
"Paintings"):
(i) Seascape by William Trost Richards, 1872; (ii) Twilight on the
Plains, Platte River, Colorado by Worthington Whittredge; (iii) Rocca
di Secca by Albert Bierstadt, circa 1858; (iv) The Berkshires,
Massachusetts by Thomas Hart Benton, circa 1923; (v) Raspberries by
Lilly Martin Spencer, circa 1859-60; (vi) Sunset by Frederick Edwin
Church, circa 1865; (vii) Rocky Mountains by Thomas Moran; (viii) View
of East Hampton by Thomas Moran, circa 1900; and (ix) Southern
California [Pasadena] Picnic by Thomas Moran, circa 1910.
3. Any lock on the storage facility at Los Angeles Fine Arts & Wine
Storage Company ("LA Wine") placed thereon by the Rakow Parties shall
be removed, and the Trustee shall place a lock thereon and/or
otherwise secure the Paintings. The Painting "View of East Hampton,"
by Thomas Moran, currently held by the Hollis Taggart Gallery, shall
be shipped at the Trustee's direction and expense to the Trustee and
shall be placed in storage at LA Wine. Except as provided in 4 or 5
below, the Paintings shall remain in storage at LA Wine until further
order of the Court. The Rakow Parties shall not have access to the
Paintings without the approval and presence of representatives of the
United States Attorney and the Trustee.
4. The Rakow Parties shall obtain insurance on the Paintings in an
amount not less than $ 1,250,000, and the trustee shall be named as
beneficiary. A certificate of insurance shall be provided to the
Trustee by no later than November 15, 2002. The Rakow Parties shall
pay all storage fees and insurance for the Paintings until further
order of the Court. If proof of insurance is not provided to the
Trustee by November 15, 2002, or if storage fees or insurance charges
are not paid, the Paintings shall be immediately turned over to the
Trustee.
5. If the Rakow Parties do not appeal from this Judgment, then they
shall have no obligation to pay for insurance or storage on the
Paintings, and the Paintings shall be immediately turned over to the
Trustee without further order of the Court.
6. The Rakow Parties shall take nothing from their complaint.
DATED: November 21, 2002
[Signature]
THE HONORABLE ROBIN L. RIBLET
UNITED STATES BANKRUPTCY JUDGE
Proposed by:
GUMPORT, REITMAN & MONTGOMERY
by: [Signature]
Susan I. Montgomery
Attorneys for R. Todd Neilson, Chapter 11 Trustee
of the Bankruptcy Estate of Reed E. Slatkin