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3AN-13-04488CI Northern Asphalt Construction, Inc et al vs. Ismaili, Fekri et al FAP

Court Case Details

Case Number: 3AN-13-04488CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Debt Collection
Case Judge: Pfiffner, Frank A
File Date: 11 Jan 2013

Parties

Name Role
NORTHERN ASPHALT CONSTRUCTION, INC. Plaintiff
Washington International Insurance Co Defendant
Heritage, Janet Plaintiff
Heritage, Gregory Plaintiff
Bengal Groups LLC Defendant
Ismaili, Fekri Defendant
Bengal Groups, LLC Defendant
Ali Family Trust Defendant
Ali, Mohammad Defendant
Does 1 through X Defendant

Dispositions

Disposition Date Case Judge
Default Judgment for Plaintiff by Judge 2014-10-20 Pfiffner, Frank A

Check Data

Date Account Check Amount Description
2014-05-01 0323AN 382123 $2,000.00 Case 3AN-13-04488CI Civil Disbursement - Gregory
2014-05-01 0323AN 382147 $8,000.00 Case 3AN-13-04488CI Civil Disbursement - Law Off

Receipts

Receipt Number Date Amount
1014353 2013-12-16 $10,000.00
901739 2013-01-11 $150.00
1159583 2015-03-26 $10.00

Events

Date Location Type Result Event Judge
2014-02-18 Courtroom 501, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Held Pfiffner, Frank A
2014-05-14 Courtroom 501, Nesbett Courthouse Trial Call Superior Court Civil Hearing Vacated Pfiffner, Frank A
2014-05-19 Courtroom 501, Nesbett Courthouse Non-Jury Trial Superior Court Civil Hearing Vacated Pfiffner, Frank A
2014-10-15 Courtroom 501, Nesbett Courthouse Trial Call Superior Court Civil Hearing Held Pfiffner, Frank A
2014-10-20 Courtroom 501, Nesbett Courthouse Non-Jury Trial Superior Court Civil Hearing Held Pfiffner, Frank A
2014-10-21 Courtroom 501, Nesbett Courthouse Non-Jury Trial Superior Court Civil Hearing Vacated Pfiffner, Frank A
2015-03-24 Courtroom 500, Nesbett Courthouse Judgment Debtor Exam Superior Court Hearing Held Gandbhir, Una
2014-02-19 Courtroom 501, Nesbett Courthouse Pre-Trial Conference Superior Court Civil Hearing Reset Pfiffner, Frank A

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $160.00 $160.00 $0.00 $0.00
Miscellaneous Revenue $10.00 $10.00 $0.00 $0.00
Filing Fee $150.00 $150.00 $0.00 $0.00

Docket

Date Text
Jan 11 2013
Attorney Information
            Attorney McMahon, Taylor representing Plaintiff Northern Asphalt Construction, Inc as of 01/11/2013
Jan 11 2013
Complaint for Debt  Receipt: 901739  Date: 01/11/2013
Jan 11 2013
Summons and Notice to Both Parties of Judicial Assignment
Jan 11 2013
Initial Judicial Assignment: Honorable Frank Pfiffner
Jan 24 2013
Attorney Information
            Attorney Jones, Calvin R representing Defendant Ismaili, Fekri as of 01/24/2013
Jan 24 2013
Entry of Appearance
            Calvin R Jones (Attorney) on behalf of Fekri Ismaili (Defendant)
Jan 31 2013
Entry of Appearance
            Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Defendant)
Jan 31 2013
Attorney Information
            Attorney Falconer, Bruce E representing Defendant Washington International Insurance Co as of 01/31/2013
Feb 15 2013
Civil Rule 4  Affidavit of Service
            Fekri Ismaili (Defendant); Bengal Groups LLC (Defendant); Washington International Insurance Co (Defendant);
Feb 25 2013
Answer to Complaint and Cross Claim
            Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Defendant)
Mar 08 2013
Application for Default
            Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff)
Apr 02 2013
Entry of Default Granted Against:
            Bengal Groups LLC (Defendant);
Apr 08 2013
Initial Pretrial Order Issued
May 07 2013
Application for Default Judgment
            Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff)
May 07 2013
Motion for default judgment
            Attorney: McMahon, Taylor (0901001)
            Northern Asphalt Construction, Inc (Plaintiff); ; Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff) 
            Filing Party:  Northern Asphalt Construction, Inc
            Case Motion #2
May 07 2013
Cost Bill
            Attorney: McMahon, Taylor (0901001)
            Northern Asphalt Construction, Inc (Plaintiff); ; Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff) 
            Filing Party:  Northern Asphalt Construction, Inc
            Case Motion #1
May 08 2013
Parties Joint Response to Initial Pretrial Order (List of Proposed Trial Dates)
            Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff)
May 10 2013
Routine Pretrial Order Issued
Jun 12 2013
Motion for Order Accepting filing and service of amended answer and cross claim and third party complaint
            Attorney: Falconer, Bruce E (8707062)
            Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Defendant) 
            Filing Party:  Washington International Insurance Co
            Case Motion #3
Jun 17 2013
Order Granting Motion  for default judgment
             
                  Northern Asphalt Construction, Inc
             
            Case Motion #2
            Motion for default judgment
Jun 17 2013
Order Granting Motion - Costs Ruled on by Judge in Default Judgment dated 6/17/13
             
                  Northern Asphalt Construction, Inc
             
            Case Motion #1
            Cost Bill
Jun 17 2013
Judgment Entered
             
            Default Judgment Amount:                12,950.25  
            Pre-Default Judgment Interest:           834.34  
            Attorney Fees:                         1,948.00  
            Court Costs:                               391.60  
            Other Fees:                                   0.00  
            Default Judgment Total:                     16,124.19  
            Total Accrued Costs:                  0.00  
            Total Accrued Interest:               0.00  
            
            Terms: Post Judgment Interest Rate of 3.75% 
            
            Type: Default Judgment 
            Judge: Pfiffner, Frank A 
            Default Judgment Date: 06/17/2013 
            Default Judgment Time: 12:00PM 
            Referee:  
            Recommendation Date:  
            
            Default Judgment Status: Judgment Entered 
             
            Default Judgment For: Northern Asphalt Construction, Inc - Plaintiff 
             
            Default Judgment Against: Bengal Groups LLC - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
            Default Judgment Satisfied Amount:             0.00  
            Default Judgment Balance:                         16,124.19  
            Case Total:                                          0.00  
            Case Satisfied Amount:                    0.00  
            Case Balance:                                     0.00
Jun 20 2013
Non-Opposition to Motion to Allow Filing and Service of Amended Answer, Cross-Claim and Third-Party Complaint
            Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff)
            Case Motion #3: Motion for Order Accepting filing and service of amended answer and cross claim and third party complaint
Jul 10 2013
Order Granting Motion
            Case Motion #3: Motion for Order Accepting filing and service of amended answer and cross claim and third party complaint
Jul 15 2013
Amended Answer to Complaint, Cross-Claim and Third-Party Complaint
            Washington International Insurance Co (Third-Party Plaintiff); ; Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Defendant)
Jul 16 2013
Summons and Notice to Both Parties of Judicial Assignment
Aug 02 2013
Civil Rule 4  Affidavit of Service
            Tau Vaaia (Third-Party Defendant);
Aug 02 2013
Civil Rule 4  Affidavit of Service
            GK Construction, Inc., an Alaska Coporation (Third-Party Defendant);
Aug 29 2013
Application for Entry of Default
            Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Third-Party Plaintiff)
Sep 25 2013
Entry of Default Granted Against:
            Tau Vaaia (Third-Party Defendant);
Sep 25 2013
Entry of Default Granted Against:
            GK Construction, Inc., an Alaska Coporation (Third-Party Defendant);
Nov 07 2013
Motion to consolidate cases , interplead bond amount and exonerate surety from futher liability
            Attorney: Falconer, Bruce E (8707062)
            Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Defendant) 
            Filing Party:  Washington International Insurance Co
            Case Motion #4
Nov 18 2013
Unopposed Motion for Extension of Time to File an Opposition to the Motion to Consolidate Cases and Order (Cured - dns - 11/19 - CR5(f) - certificate of service is blank)
            Attorney: Brain, Michael A (8505024) 
            Filing Party:  Northern Asphalt Construction, Inc
            Case Motion #5
Nov 20 2013
Page Three of Unopposed Motion for Extension of Time to File Opposition to the Motion to Consolidate Cases and Order - Certificate of Service Page
            Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff)
            Case Motion #5: Unopposed Motion for Extension of Time to File an Opposition to the Motion to Consolidate Cases and Order (dns - 11/19 - CR5(f) - certificate of service is blank)
Nov 21 2013
Order Granting Unopposed Motion for Extension of Time to File an Opposition to the Motion to Consolidate Cases and Order
             
                  Northern Asphalt Construction, Inc
             
            Case Motion #5
            Unopposed Motion for Extension of Time to File an Opposition to the Motion to Consolidate Cases and Order (Cured - dns - 11/19 - CR5(f) - certificate of service is blank)
Nov 26 2013
Non-Opposition to: Motion to consolidate cases , interplead bond amount and exonerate surety from futher liability
            Attorney: Brain, Michael A (8505024)
            Northern Asphalt Construction, Inc (Plaintiff);
            Case Motion #4: Motion to consolidate cases , interplead bond amount and exonerate surety from futher liability
Nov 27 2013
Order Granting Motion to consolidate cases, interplead bond amount and exonerate surety from further liability
             
                  Washington International Insurance Co
             
            Case Motion #4
            Motion to consolidate cases , interplead bond amount and exonerate surety from futher liability
Dec 16 2013
Notice of Deposit of Bond Amount
            Bruce E Falconer (Attorney) on behalf of Washington International Insurance Co (Third-Party Plaintiff), Washington International Insurance Co (Defendant)
Dec 16 2013
Civil Deposit Posted  Receipt: 1014353  Date: 12/16/2013
Dec 17 2013
Unopposed Motion to stay current pretrial deadlines and order
            Attorney: Brain, Michael A (8505024)
            Northern Asphalt Construction, Inc (Plaintiff); 
            Filing Party:  Northern Asphalt Construction, Inc
            Case Motion #6
Dec 18 2013
Order Granting Unopposed Motion to stay current pretrial deadlines and order
             
                  Northern Asphalt Construction, Inc
             
            Case Motion #6
            Unopposed Motion to stay current pretrial deadlines and order
Jan 13 2014
Order ~ On November 27, 2013, this court entered an order consolidating cases 3AN-13-04488 CI and 3AN-13-04797 CI.  It has come to the court’s attention that all of the filings in this case following the consolidation, including the orders of this court and the motions of the parties have not been properly served.  This includes the motion to stay that this court granted on December 18, 2013.  On February 19, 2013, at 3:00 p.m. this court will hold a hearing on these issues.  The parties should be prepared to discuss not only the issues related to the pretrial conference scheduled for that date, but what impact the defective service should have on this case going forward and whether the case has been properly stayed.
Jan 28 2014
Motion to vacate hearing set for Feb 19, 2014 at 3:00 pm and be rescheduled
            Attorney: Pro per (0100001)
            Gregory Heritage (Plaintiff); 
            Filing Party:  Heritage, Gregory
            Case Motion #7
Feb 04 2014
Limited Non-Opposition to Motion to Reschedule
            Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff)
            Case Motion #7: Motion to vacate hearing set for Feb 19, 2014 at 3:00 pm and be rescheduled
Feb 12 2014
Order Granting Motion to vacate hearing set for Feb 19, 2014 at 3:00 pm and be rescheduled ~ rescheduled for February 18, 2014, 4:00 p.m.
             
                  Heritage, Gregory
             
            Case Motion #7
            Motion to vacate hearing set for Feb 19, 2014 at 3:00 pm and be rescheduled
Feb 19 2014
Waiver of Jury Trial (Parties Waive Their Demand of a Jury Trial)
            Gregory Heritage (Plaintiff);
Feb 19 2014
Application for Default
            Gregory Heritage (Plaintiff);
Feb 20 2014
Routine Pretrial Order Issued
Feb 20 2014
Order lifting stay
Apr 25 2014
Order Granting Unopposed Motion for Stipulation for distribution of bond
Apr 25 2014
Entry of Default Granted Against Mohammad Ali, Ali Family Trust and Bengal Groups, LLC
            Janet Heritage (Plaintiff); Gregory Heritage (Plaintiff);
May 01 2014
Civil Disbursement - Gregory Heritage and Janet Heritage
            By Order of Court 4/25/14
May 01 2014
Civil Disbursement - Law Offices of Royce & Brain
            By Order of Court 4/25/14
Jun 20 2014
Stipulation for dismissal with prejudice as to Fekri Ismaili
            Attorney: Brain, Michael A (8505024)
            Attorney: Jones, Calvin R (7610109)
            Northern Asphalt Construction, Inc (Plaintiff); ; Taylor McMahon (Attorney) on behalf of Northern Asphalt Construction, Inc (Plaintiff); Calvin R Jones (Attorney) on behalf of Fekri Ismaili (Defendant) 
            Filing Party:  Northern Asphalt Construction, Inc; Ismaili, Fekri
            Case Motion #8
Jun 23 2014
Order Granting Stipulation for dismissal with prejudice as to Fekri Ismaili
             
                  Northern Asphalt Construction, Inc
             
            Case Motion #8
            Stipulation for dismissal with prejudice as to Fekri Ismaili
Oct 20 2014
Exhibit List for Plaintiff ~ filed in open court
Oct 20 2014
Certificate of Service
            Gregory Heritage (Plaintiff);
Oct 20 2014
Default Judgment for Plaintiff Granted by Judge
Oct 20 2014
Exhibits to Storage in Courtroom 501: Plaintiff's Exhibits #1-5 - htc
Oct 20 2014
Final Judgment Entered ~ filed in open court
Oct 22 2014
Judgment Entered
             
            Judgment Amount:                15,496.62  
            Pre-Judgment Interest:           968.50  
            Attorney Fees:                             0.00  
            Court Costs:                               371.38  
            Other Fees:                                   0.00  
            Judgment Total:                     16,836.50  
            Total Accrued Costs:                  0.00  
            Total Accrued Interest:               0.00  
            
            Terms: Post Judgment Interest Rate 3.75% 
            
            Type: Judgment 
            Judge: Pfiffner, Frank A 
            Judgment Date: 10/20/2014 
            Judgment Time: 12:00PM 
            Referee:  
            Recommendation Date:  
            
            Judgment Status: Judgment Entered 
             
            Judgment For: Heritage, Janet - Plaintiff 
             
                          Heritage, Gregory - Plaintiff 
             
            Judgment Against: Ali Family Trust - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
                              Ali, Mohammad - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
                              Bengal Groups LLC - Defendant 
             
                                                ------------------------------------------- 
                                                Issuance 
                                                ------------------------------------------- 
                                                Writ Type:  
                                                Date Issued:  
                                                Accrued Interest:  
                                                Satisfied Amount:  
             
                                                ------------------------------------------- 
                                                Return 
                                                ------------------------------------------- 
                                                Processed By:  
                                                Received From:  
                                                Accrued Costs:     
                                                Satisfied Amount:  
                                                Date Returned:  
                                                Date Collected:  
                                                Date Paid:  
             
            Judgment Satisfied Amount:             0.00  
            Judgment Balance:                         16,836.50  
            Case Total:                                          0.00  
            Case Satisfied Amount:                    0.00  
            Case Balance:                                     0.00
Feb 05 2015
Motion and Order for Judgment Debtor to Appear
            Attorney: Pro per (0100001)
            Gregory Heritage (Plaintiff); 
            Filing Party:  Heritage, Gregory
            Case Motion #9
Feb 05 2015
Inventory and Receipt: Plaintiff's Exhibits returned to Gregory Heritage by certified mail #91 7199 9991 7030 8685 5860 on 2/5/15 - htc
Feb 06 2015
Order Granting Motion  Heritage, Gregory 
            Case Motion #9
            Motion and Order for Judgment Debtor to Appear
Feb 10 2015
Accounting Deficiency Notice - The request for a CIV-500 was missing a process server instruction sheet.   
            
            Deficiency Notice - Accounting (Anchorage)
            Sent on:  02/10/2015  10:07:03.92
Feb 27 2015
Return of Service-Judgment Debtor to Appear
            Mohammad Ali (Defendant);
Mar 26 2015
CD/Tape Duplication  Receipt: 1159583  Date: 03/26/2015
Apr 08 2015
Information for Writ of Execution
            Gregory Heritage (Plaintiff);
Apr 09 2015
Writ of Execution & Notice of Levy on PFD (certified mail) Issued.
            7014 2120 0003 8102 9118
            Mohammad Ali (Defendant);
May 18 2015
Notice to Court of Bankruptcy Proceedings
            Gregory Heritage (Plaintiff);
May 19 2015
Order and notice of stay of proceedings
            Mohammad Ali (Defendant);
May 19 2015
Notice of Termination of Writ of Execution - CIV 502 by Certified Mail
            
            Notice of Termination of Writ of Execution (Anch)
            Sent on:  05/19/2015  14:43:57.01
May 26 2015
Notice of Filing for Relief Under Chapter 7
            Ali Family Trust (Defendant); Mohammad Ali (Defendant);
May 27 2015
Order and notice of stay of proceeding
            Valery Ali ( Defendant)
Mar 24 2016
Note from Jury
Jan 01 2999
Case 3AN-13-04797CI Consolidated Into This Case. 3AN-13-04488CI IS THE LEAD CASE