JOINT EX PARTE APPLICATION for Order Shorten Time on Motion to Intervene for… — USA v. Ayvazyan et al (Dkt. 1305)

Summary

WFG National Title Insurance Company and Novastar, LLC, as prospective intervenors, filed this joint ex parte application on 04/29/22 as Document 1305 in Case 2:20-cr-00579-SVW, asking the court to hear on shortened time their motion to intervene for the limited purpose of accessing judicial records. They say they need sealed records from the criminal case for civil trials against Tamara Dadyan, Arthur Ayvazyan and their co-conspirators set for May 17, 2022 and July 25, 2022.

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LORI C. HERSHORIN (SBN 155977)
HERSHORIN & HENRY, LLP PhP POD AS PM ODE G
26475 Rancho Parkway South
Lake Forest, California 92630 an . oe
Email: Lorih@hhlawgroup.com RY? ;
Attorney for Prospective Intervenors,
WFG TITLE INSURANCE COMPANY,
A South Carolina Corporation and NOVASTAR, LLC
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA CASE NO.: 2:20-C®-00579-SVW
Plaintiff, WFG TITLE INSURANCE COMPANY
AND NOVASTAR LLC’S JOINT EX PARTE
V. APPLICATION FOR ORDER
SHORTENING TIME ON MOTION TO
RICHARD AYVAZYAN, INTERVENE FOR LIMITED PURPOSE OF
aka “Richard Avazian” and ACCESSING JUDICIAL RECORDS;
“Tuliia Zhadko,” MEMORANDUM OF POINTS AND
MARIETTA TERABELIAN, AUTHORITIES; AND DECLARATION OF
aka “Marietta Abelian” and LORI C. HERSHORIN IN SUPPORT OF EX
“Viktoria Kauichko,” PARTE
ARTUR AYVAZYAN,
aka “Arthur Ayvazyan,” Concurrently filed herewith:
TAMARA DADYAN, (1) Notice of Motion and Motion to
MANUK GRIGORYAN, Intervene for Limited Purpose of
aka “Mike Grigoryan,” and Accessing Judicial Records
“Anton Kudiumov,” (2) Declaration of Lori C. Hershorin in
ARMAN HAYRAPETYAN, Support of Motion to Intervene and
EDVARD PARONYAN. Access Records
aka “Edvard Paronian” and
“Edward Paronyan,” and DATE:
VAHE DADYAN, TIME:
JUDGE: Hon. Stephen V. Wilson
Defendants. COURTROOM: 10A
LOCATION: 350 W. 157 St.
Los Angeles, CA 90012
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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that pursuant to Local Criminal Rule 51-7 and Local Civil Rule 7-
19, Prospective Intervenors, WFG National Title Insurance Company, a South Carolina corporation
(“WFG”) and Novastar, LLC (“Novastar”) (collectively “Prospective Intervenors”) hereby apply to
the Court ex parte for expedited consideration of Prospective Intervenors’ accompanying Joint Motion
to Intervene for the Limited Purpose of Accessing Judicial Records (“Joint Motion”), before the
Honorable Stephen V. Wilson in the United States District Court for the Central District of California,
Western Division of the First Street Courthouse, located of 350 E. First St, Los Angeles, CA 90012,
and files for an order:

1. Permitting WFG and Novastar to make their Joint Motion on shortened time to ensure
that WFG and Novastar have complete and timely access to the records they seek and
can timely assemble the requested documents for use in their upcoming civil trials.

Ex Parte applications are not set for hearing. Opposing papers must be filed by the
responding party not later than 3:00 pm on the first business day succeeding the day this ex
parte was served. If counsel is not going to oppose this ex parte application, they must inform the
clerk at 213-894-2881. Counsel will be notified of the Court’s ruling.

This joint ex parte application is made on the grounds that exigent circumstances exist because
Prospective Intervenors will be irreparably harmed and unduly prejudiced if their Joint Motion is not
heard on shortened time since the trials in the civil matters are set to commence on May 17, 2022 and
July 25, 2022. Timely access to the sealed records in this case is essential to Prospective Intervenors’
Civil Cases against the Criminal Defendants and their co-conspirators.

This Ex Parte application is based upon Local Criminal Rule 51-7, Local Civil Rule 7-19; the
attached Memorandum of Points and Authorities; the concurrently filed Prospective Intervenors’ Joint

Notice of Motion and Motion to Intervene for the Limited Purpose of Accessing Judicial Records and

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Declaration of Lori C. Hershorin; and any other evidence and argument as the Court may entertain.

DATED: April 28, 2022 HERSHORIN & HENRY, LLP

LORI C. HERSHORIN

Attorney for Prospective Intervenors

WFG TITLE INSURANCE COMPANY and
NOVASTAR, LLC

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MEMORANDUM AND POINTS OF AUTHORITIES

I. INTRODUCTION

WEG National Title Insurance Company, a South Carolina corporation (“WFG”) and
Novastar, LLC (“Novastar”) (collectively “Prospective Intervenors’”) apply to this Court ex parte for
an order shortening time on their Joint Motion to Intervene for the Limited Purpose of Accessing
Judicial Records based upon their exigent circumstances of the trial dates of May 17, 2022 and July
25, 2022 for their parallel civil matters. This Court’s record contains vital evidence to support
Prospective Intervenors’ civil actions against Tamara Dadyan, Arthur Ayvazyan (“collectively
Criminal Defendants”), and their co-conspirators — evidence that Prospective Intervenors cannot
obtain prior to their civil trials if the underlying motion were heard with regularly noticed motion
procedures. Prospective Intervenors were unaware that this Court’s trial exhibits, and pre-hearing trial
documents were ordered sealed until recently when the Prospective Intervenors attempted to obtain
the records from the docket and were unable to do so. A recent nationally televised broadcast relating
to the Criminal Defendants’ PPP Loan Fraud Scheme and evidence produced at the criminal trial
triggered the search and discovery of these sealed records.

In addition, Prospective Intervenors have a high likelihood of success on the merits of their
Joint Motion to Intervene for the Limited Purpose of Accessing Judicial Records because they are
members of the public who serve an important public function, the sealed documents could be
produced with a confidentiality order as the documents only will be used at the Civil Trials in this
matter, and those opposing disclosure cannot prove there are no alternatives to a complete seal that
would protect the privacy of third parties and defendants. Prospective Intervenors do not know the
exact reason each document is sealed because the Government’s Applications for Sealing Orders and
the respective orders are “sealed”, if social security numbers or personal information is the issue, a

redaction of the information could be performed, and the sealed documents produced for purposes of

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the civil trials.

Thus, Prospective Intervenors respectfully request this Court grant their ex parte application
for an order shortening time and to specially set the hearing on the underlying Motion to Intervene for
the Limited Purpose of Accessing Judicial Records.

I. BRIEF FACTUAL BACKGROUND

Prospective Intervenors are victims of an elaborate criminal fraud scheme wherein Criminal
Defendants, WFG Defendants, and Novastar Defendants (collectively “Defendants”) knowingly
participated in a racketeering enterprise whereby they created synthetic identities, falsified real
property and banking information, and forged multitudes of documents to induce Prospective
Intervenors to issue loans and title insurance policies to the Criminal Defendant’s criminal enterprise.
Decl. of Lori C. Hershorin, filed herewith, J§ 2, 3, 14 (“Hershorin Dec.”). Utilizing this fraudulent
scheme, Defendants induced Novastar to make a $637,000 loan to their criminal enterprise for the
purchase of real property. /d. at § 7. Defendants also induced WFG to issue title insurance policies
for four separate properties, whereby WFG was required to indemnify the lenders resulting in
$2,169,221.00 in damages. /d. at § 4.

On November 8, 2016, WFG commenced litigation against Criminal Defendants and their co-
conspirators in the California Superior Court for the County of Los Angeles, case number BC640157.
Id. In April 2017, the California Superior Court for the County of Los Angeles granted Novastar
leave to file a cross-complaint against Novastar Defendants, case number BC597238. Id. at § 7.
Throughout litigation, Prospective Intervenors have diligently conducted discovery; however,
Defendants have either refused to respond to discovery requests or have been evasive in their
responses, in violation of the discovery statutes. Jd. at J] 5, 6, 8, 9. Even though Novastar’s matter is
set for bench trial on May 17, 2022 and WFG’s matter is set for trial on July 25, 2022, Defendants
continue to be evasive and uncooperative. Jd. at J] 5, 6, 8-10.

On March 29, 2022, Prospective Intervenors’ counsel watched a clip from an NBC special
documenting Criminal Defendant’s PPP loan fraud scheme, which broadcast to a national audience

images of Prospective Intervenors’ defendants and photographs of identification cards in the name of

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WFG and Novastar Defendants and/or their known aliases, such as Karapet Emboyan. /d. at § 11.
Prior to viewing this clip Prospective Intervenors did not know the federal criminal matter related
directly to Prospective Intervenors’ civil cases. Jd. at § 12. Between March 30, 2022 and April 7,
2022, Prospective Intervenors’ counsel conducted a thorough search of this matter’s docket and
discovered all evidence in support of Prospective Intervenors’ claims against Defendants was sealed.
Id. at { 13. Moreover, Prospective Intervenors discovered that much of the evidence and information
submitted under seal was requested during the discovery process, Defendants either failed to produce
the requested documents or denied the existence thereof. Jd. at J 14.

Despite diligently trying to acquire the documents and information submitted to this Court
under seal, Prospective Intervenors were unsuccessful, largely due to the lack of cooperation of
Defendants. Jd. at J 5, 6, 8, 9, 14. Because there is no other way of obtaining the information and
documents submitted to this Court under seal prior to their respective trials, Prospective Intervenors
move this court for an ex parte order to hear Prospective Intervenors’ Joint Motion to Intervene for
the Limited Purpose of Accessing Judicial Records (“Joint Motion”) on shortened time. Jd. at ¥ 15. If
Prospective Intervenors’ Joint Motion were heard on regular notice motioned procedures, vital
evidence would not be available in time for their respective trials. Jd. at J 16.

WI. LEGAL ARGUMENT

An ex parte application to shorten time is appropriate upon a showing that the moving party’s
“cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed
motion procedures . . . [and] the moving party is without fault in creating the crisis that requires ex
parte relief, or that the crisis occurred as a result of excusable neglect.” Mission Power Engineering
Co. v. Continental Cas. Co., 883 F.Supp. 488, 492 (C.D, Cal. 1995). In addition, timely access to
judicial records is essential to effectuating the First Amendment and common law rights of access. See
Grove Fresh Distributors, Inc. v. Everfresh Juice Co., 24 F.3d 893, 897 (7th Cir. 1994), superseded
by Bond v. Utreras, 585 F.3d 1061 (7th Cir. 2009) on other grounds. Thus, this ex parte application

should be granted.

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A. PROSPECTIVE INTERVENORS WILL BE DTRREPARABLY PREJUDICED IF
THE UNDERLYING MOTION IS HEARD ACCORDING TO REGULARLY
NOTICED MOTION PROCEDURES.

The threat of prejudice is determined based upon a sliding scale. Oakland Tribune, Inc. v.
Chronicle Pub. Co., Inc., 762 F.2d 1374, 1376 (9th Cir. 1985). When the irreparable harm would not
be severe, the underlying motion must have a high likelihood of success on the merits. Mission Power
Engineering Co., 883 F.Supp. at 492; see also Al Otro Lado v. Wolf, 952 F.3d 999, 1010 (9" Cir.
2020). Conversely, a meek showing of likelihood of success is offset by a strong showing of
irreparable injury. Al Otro Lado, 952 F.3d at 1010. “[T]he degree of irreparable harm increases as the
probability of success decreases.” Oakland Tribune, Inc., 762 F.2d at 1376.

1. Prospective Intervenors will be irreparably harmed if the underlying motion is
not heard on shortened time because the next available regularly noticed motion

date, June 6, 2022, occurs after Novastar’s scheduled trial and provides WFG
with insufficient time to prepare for its scheduled trial.

Prospective Intervenors are requesting access to the sealed judicial records in Criminal
Defendants’ case on an ex parte basis because Prospective Intervenors believe the sealed judicial
records contain vital evidence to support their claims against Defendants at trial and without the
Court’s permission to access those documents before their respective trials, Prospective Intervenors
may lack sufficient evidence to prove their claims, even though such evidence is in existence.
Hershorin Dec. at J] 13, 16. If Prospective Intervenors’ Joint Motion were to be heard on regular
twenty-eight (28) day noticed motion procedure, the soonest possible hearing date would not occur
until June 6, 2022. Id. at 16. This means vital evidence would be completely unavailable for use by
Novastar in its May 17, 2022 trial. Furthermore, although the requested documents could possibly be
available to WFG prior its July 25, 2022 trial if the underlying motion were heard on regular notice,
WFG would not have sufficient time to review the documents prior to trial because WFG’s claims
against Defendants, although similar to Novastar’s claims, are more factually complex and numerous.
See, Exhibits A and B of concurrently filed Joint Motion.

As discussed below, Prospective Intervenors have worked diligently throughout litigation to

acquire sufficient evidence to support their claims against Defendants; however, Defendants have not

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been forthcoming in their discovery responses, or they have completely failed to respond to
Prospective Intervenors’ discovery requests. Hershorin Dec. at J 5, 6, 8, 9, 14. Defendants are the
only parties who would benefit from a denial of Prospective Intervenors’ ex parte motion because
vital evidence of which Defendants are aware would remain unavailable for use by Prospective
Intervenors at their civil trials. The unavailability of the evidence contained in this Court’s record
increases Defendants’ likelihood of avoiding a monetary judgment against them for their fraudulent
actions.

Thus, because Prospective Intervenors would be irreparably harmed if their Joint Motion was
heard under regular notice procedures, this Court should grant their Application for an Order
Shortening Time.

2. Prospective intervenors have a strong likelihood of success on the merits of their
Joint Motion.

Prospective Intervenors’ underlying motion demonstrates Prospective Intervenors have a First
Amendment and common law right to access the exhibits filed under seal in this Court because
Prospective Intervenors seek access to trial exhibits and exhibits attached to dispositive motions,
which are documents that have been traditionally left open to the public.” Press-Enterprise Co. v.
Superior Court, 478 U.S. 1, 13-14 (1986) (“Press-Enterprise II”); Foltz v. State Farm Mut. Auto. Ins.
Co., 331 F.3d 1122, 1135 (9th Cir. 2003). Moreover, opponents to disclosure will not be able to rebut
Prospective Intervenors’ right to access under either the First Amendment or common law exceptions
to disclosure.

a. Prospective Intervenors have a First Amendment right to access, which
opponents to disclosure cannot rebut.

When determining whether the First Amendment right of access attaches, courts utilize the
“experience and logic test” to consider (a) “whether the place and process have historically been open

to the press and general public” and (b) whether the right of access plays a “significant positive role in

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the functioning of the particular process in question.” Press-Enterprise II, 478 U.S. at 13-14. Once the
party seeking disclosure has met its burden, the burden shifts to the party seeking nondisclosure to
prove “(1) closure served a compelling interest; (2) there is a substantial probability that, in the
absence of closure, this compelling interest would be harmed; and (3) there are no alternatives to
closure that would adequately protect the compelling interest.” Phoenix Newspapers v. United States
Dist. Ct., 156 F.3d 940, 949 (9th Cir. 1998).

1. The “experience and logic test” favors disclosure.

Trial exhibits and pretrial documents filed with the court are documents traditionally left open
to the public. See Foltz, 331 F.3d at 1135. Such documents and their included exhibits are not
protected by a pre-discovery protective order because once the documents are included in a dispositive
motion, they are no longer “raw fruits of discovery.” Jd. at 1136. Further, even where there is a lack of
tradition of access, the public may access sealed records when, in “light of current values and
conditions,” the First Amendment deems disclosure proper. United States v. Brooklier, 685 F.2d 1162,
1170 (9" Cir. 1982).

Prospective Intervenors seek to unseal all trial exhibits and the exhibits submitted with the
Government’s Opposition to Defendants’ Motion to Suppress evidence seized at Premises-1 and
Premises-4 (Docket nos. 188 and 207), which are all documents that have been traditionally left open
to the public. Hershorin Dec. at § 19. Because the sought-after exhibits were either admitted into
evidence at trial or attached to dispositive motions, law favors disclosure.

In addition, logic favors disclosure of the documents because Prospective Intervenors are
victims of Defendants who seek to redress their injuries in civil court. Jd. at J§ 3, 4. 7. Our society has
a strong interest seeing that the American judicial system is a fair adversary system where one party
does not gain an unfair advantage over another party because certain dispositive evidence is held
hostage by another court. Moreover, the public has a strong interest in seeing that Prospective

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Intervenors are able to produce as much relevant evidence as possible against Defendants because the
activities of fraudsters like Defendants have a direct impact on the public’s future acquisition of home
loans and title insurance policies. Jd. at { 17. When lenders and insurance agencies cannot recuperate
their funds or obtain judgments in court, their risk increases — the price of this increased risk is
unfortunately is passed onto future home buyers — an increase Prospective Intervenors hope to avoid.
Id.

Because Prospective Intervenors can prove they have a qualified First Amendment right to
access the sealed judicial records on file in this action, the burden shifts to those opposing disclosure
to prove otherwise. However, as discussed below, objectors will not be able to prove a seal is the only

alternative to protect the privacy of Defendants and third parties.

2. There are ample alternatives to closure that will protect the privacy
interests of Defendants and third parties.

Prospective Intervenors recognize that those seeking to maintain nondisclosure have a
compelling interest of protecting the disclosure of the identities of third parties and to protect bank
records of Defendants from public disclosure. /d. at § 18. However, those seeking to maintain the seal
will not be able to prove there is not an alternative to a complete seal that would protect the privacy
interests of Defendants and third parties.

Prospective Intervenors agree to adhere to this Court’s Protective Order and further agree to
submit under seal to the Superior Court of California the documents obtained from this Court’s
records, which will maintain the privacy of third parties and Defendants. Jd.

Because the documents to which Prospective Intervenors seek to gain access are traditionally
left open to the public and those opposing disclosure cannot prove there are no alternatives to protect
privacy interests, the First Amendment favors disclosure. As such, Prospective Intervenors’ likelihood

of success on the merits of the underlying motion pursuant to the First Amendment are high.

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b. Prospective Intervenors have a common law right to access, which opponents
to disclosure cannot rebut.

To assert the common law right to access, a party need only make a threshold of showing of a
legitimate need for disclosure. United States v. Kaczynski, 154 F.3d 930, 931 (9th Cir. 1998). Once the
party seeking disclosure has met its burden, the burden shifts to those seeking to prevent disclosure to
prove a “legitimate reason for preserving . . . secrecy,” id. at 1583, that would outweigh the public’s
“overriding concern with preserving the integrity of the law enforcement and judicial processes,”
United States v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985).

Prospective Intervenors, as members of the public, have a legitimate interest in accessing the
sealed records because the sealed records would provide valuable evidence in their civil cases against
Criminal Defendants — evidence that cannot otherwise be obtained prior to Prospective Intervenors’
trial. Hershorin Dec. at {§ 13, 15. Prospective Intervenors have diligently tried to acquire the sealed
documents and information contained therein by other means, but Defendants have either failed to
respond to Prospective Intervenors’ discovery requests or claimed the documents and information was
unavailable to them. Jd. at J 5, 6, 8, 9, 14.

Those seeking nondisclosure will suggest the records should remain sealed to Prospective
Intervenors because the sealed records contain personal bank information and potential identifying
information of third parties, which is a legitimate reason for preserving secrecy. Jd. at { 18. However,
under these circumstances, it does not outweigh the public’s “overriding concern with preserving the
integrity of the law enforcement process” because Prospective Intervenors agree to maintain the
privacy of third parties and Defendants by adhering to this Court’s protective order and by submitting
documents obtained from this Court to the civil court under seal. Jd.

Thus, the common law favors disclosure and Prospective Intervenors likelihood of success on

the merits is high.

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B. PROSPECTIVE INTERVENORS DID NOT CREATE THE CRISES THAT GAVE
RISE TO THE NEED TO HAVE THEIR UNDERLYING MOTION HEARD ON
SHORTENED TIME.

To show a moving party is without fault requires the moving party to explain the necessity for
bypassing regular motion procedures. Mission Power Engineering Co., 883 F.Supp. at 493. For
example, it is not sufficient to show that trial is fast approaching to issue an order shortening time to
compel a party to respond to discovery requests — the movant must also show it used the entire
discovery period efficiently. Jd.

For over four years, Prospective Intervenors have diligently conducted their discovery through
depositions, requests for admissions, form interrogatories, and requests for production of documents.
Id. at J§ 5, 6, 8, 9. Even though Prospective Intervenors written discovery requests began in 2017,
Prospective Intervenors continue to grant Defendants the opportunity to respond to discovery
requests; however, Defendants continue to ignore further requests. Jd. Prospective Intervenors believe
in good faith that Criminal Defendants will not respond to their additional discovery requests or
produce the requested information. Jd. at § 20.

On March 29, 2022, Prospective Intervenors’ counsel watched a clip from an NBC special
that documented the Criminal Defendants’ PPP loan scheme. Jd. at § 11. In that special, NBC
broadcasted photos to a national audience of Novastar and WFG Defendants. Jd) NBC further
broadcast to a national audience copies of identification cards belonging to Defendants believed to be
“synthetic” persons named in both WFG and Novastar’s civil cases. Jd. Prior to viewing the clip,
Prospective Intervenors were not aware that the sealed Exhibits contained in this Court’s records
directly related to WFG and Novastar’s civil cases or that the instruments of the fraud used in the
criminal case were the same as the civil case, i.e. the false identification of the borrower, Karapet
Emboyan. Jd. at §§ 11, 12.

Prospective Intervenors’ counsel then conducted a comprehensive search of this Court’s docket and

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discovered that all evidence in support of WFG and Novastar’s claims against Defendants was sealed.
Id. at § 13. Many of the Exhibits placed under seal include items WFG and Novastar requested during
their respective discovery periods, and prove Defendants failed to produce the requested documents or
failed to respond to interrogatories and requests for admissions truthfully. Jd. at { 14. In addition,
many of the Exhibits placed under seal prove Defendants conducted the fraudulent activities giving
rise to WFG and Novastar’s damages and prove Defendants utilized the same plan or scheme in the
perpetration of the PPP loan fraud as they did in the real estate transaction fraud. Jd.

Because Prospective Intervenors have diligently tried to acquire the requested documents
prior to their respective trial dates and because Prospective Intervenors did not become aware of the
nature of the sealed exhibits on file with this Court until March 30, 2022, Prospective Intervenors did
not contribute in any way to their need to have the underlying motion heard on shortened time.

IV. PROSPECTIVE INTERVENORS HAVE ADHERED TO THE NOTICE

REQUIREMENTS OF LOCAL RULES 7-19 and 7-19.1.

An application for an ex parte order shall be accompanied by a memorandum containing, if
known, the name, address, telephone number and e-mail address of counsel for the opposing party....”
C.D. Cal. R. 7-19.

“Tt shall be the duty of the attorney so applying (a to make reasonable, good faith efforts

orally to advise counsel for all other parties, if known, of the date and substance of the

proposed ex parte application and (b) to advise the Court in writing and under oath of
efforts to contact other counsel and whether any other counsel, after such advice, opposes

the application.”

L.R. 7-19.1. Pursuant to Local Civil Rule 7-19, the names, addresses, telephone numbers, and

email addresses of the opposing parties are as follow:

Ashwin J Ram Ethan Atticus Balogh

Steptoe and Johnson LLP

633 West 5th Street Suite 1900
Los Angeles, CA 90071

Email: aram@steptoe.com

Balogh and Co. APC

100 Pine Street Suite 1250
San Francisco, CA 94111

Email: eab@balcolaw.com

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Meghan Newcomer

Steptoe and Johnson LLP

1114 Avenue of the Americas
New York, NY 10036

Email: mnewcomer@steptoe.com

Nicholas P. Silverman

Steptoe and Johnson LLP

1330 Connectiut Avenue NW
Washington, DC 20036

Email: nsilverman@steptoe.com

Kathryn A. Young

Federal Public Defenders Office
321 East 2nd Street

Los Angeles, CA 90012-4202

Email: Kathryn Young@fd.org

Jennifer J. Wirsching

Attorney at Law

1935 Alpha Road, Suite 216
Glendale, CA 91208

Email: Wirschinglaw@outlook.com

Tarik S Adlai

Law Offices of Tarik S Adlai

65 North Raymond Avenue Suite 320
Pasadena, CA 91103

Email: tadlai@adlailaw.com

Thomas A. Mesereau, Jr.

Mesereau Law Group

10100 Santa Monica Boulevard Suite 300
Los Angeles, CA 90067

Email: mesereau@mesereaulaw.com

Jilbert Tahmazian

Tahmazian Law Firm PC

1518 West Glenoaks Boulevard
Glendale, CA 91201

Email: jilbert@jilbertlaw.com

David D. Diamond

Law Offices of David D diamond
3500 West Olive Avenue, Suite 300
Burbank, CA 91505

Email: diamond@dba-law.com

John Lewis Littrell

Bienert Katzman Littrell Williams LLP
903 Calle Amanecer, Suite 350

San Clemente, CA 92673

Email: jlittrell@bklwlaw.com

Ryan Vaughan Fraser

Bienert Katzman Littrell Williams LLP
601 West Sth Street, Suite 720

Los Angeles, CA 90071

Email: rfraser@bklwlaw.com

Jerry Kaplan

Kaplan Kenegos and Kadin

9150 Wilshire Boulevard Suite 175
Beverly Hills, CA 90212

Email: office@3klaw.com

John Hanusz

Hanusz Law, PC

800 Wilshire Boulevard, Suite 1050
Los Angeles, CA 90017

Email: john@hanuszlaw.com

George G. Mgdesyan

Mgdesyan Law Firm

4529 Sherman Oaks Avenue
Sherman Oaks, CA 91403

Email: george@mgdesyanlaw.com

Michael Gregory Freedman

The Freedman Firm

800 Wilshire Boulevard Suite 1050
Los Angeles, CA 90017

Email: michael@thefreedmanfirm.com

WFG AND NOVASTAR’S EX PARTE APPLICATION FOR ORDER SHORTENING TIME
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 15 of 30   Page ID
ll

Peter Johnson

Law Office of Peter Johnson

409 North Pacific Coast Highway Suite 651
Redondo Beach, CA 90277

Email: peter@peterjohnsonlaw.com
Hyun Wook Shin

Sheppard Mullin

333 South Hope Street Floor 43

Los Angeles, CA 90012

Email: shinh2018@lawnet.ucla.edu

Bennett Preston Starnes

US Department of Justice

Criminal Division, Fraud Section
1400 NY Avenue Suite 441
Washington, DC 20005

Email: bennett.starnes@usdoj.gov
Brian R. Faerstein

AUSA - Office of US Attorney
Environmental and Community Safety Crimes
Section

312 North Spring Street Suite 1200
Los Angeles, CA 90012

Email: brian.faerstein@usdoj.gov

Christopher Fenton

US Department of Justice

1400 New York Avenue, NW
Washington, DC 20530

Email: christopher.fenton@usdoj.gov

Scott Paetty

AUSA - Office of the US Attorney
General Crimes Section

312 North Spring Street 12th Floor
Los Angeles, CA 90012

Email: Scott.Paetty@usdoj.gov

Verna Wefald

Law Offices of Verna Wefald

65 North Raymond Avenue Suite 320
Pasadena, CA 91103

Email: verna@vernawefald.com
Richard J Reynolds

Burke Williams and Sorensen LLP
1851 East First Street Suite 1550
Santa Ana, CA 92705-4067

Email: rreynolds@bwslaw.com

Brent A. Whittlesey

AUSA - Office of US Attorney
Asset Forteiture Section

312 North Spring Street 14th Floor
Los Angeles, CA 90012

Email: brent. whittlesey@usdoj.gov
Catherine Sun Ahn

AUSA - Office of US Attorney
Organized Crime Drug Enforcement Task Force
Section

312 North Spring Street Suite 1400
Los Angeles, CA 90012

Email: catherine.s.ahn@usdoj.gov

Daniel G. Boyle

AUSA - Office of US Attorney
General Crimes Section

312 North Spring Street 14th Floor
Los Angeles, CA 90012

Email: daniel.boyle2@usdoj.gov

A Declaration of Notice of Application pursuant to Local Civil Rule 7-19.1 is attached hereto

WFG AND NOVASTAR’S EX PARTE APPLICATION FOR ORDER SHORTENING TIME
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 16 of 30   Page ID
g

as Exhibit 1.
DATED: April 28, 2022 HERSHORIN & HENRY, LLP

y: /
a
LORI C. HERSHORIN
Attorney for Prospective Intervenors
WFG TITLE INSURANCE COMPANY and
NOVASTAR, LLC

WEG AND NOVASTAR’S EX PARTE APPLICATION FOR ORDER SHORTENING TIME
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 17 of 30   Page ID
EXHIBIT 1
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 18 of 30   Page ID
Oo CO TN

United States v. Richard Ayvazyan, et al.
United States District Court, Central District of California
Case No: 2:20-cv-00579-S VW

Declaration of Notice Pursuant to Local Rule 7-19.1

STATE OF CALIFORNIA _ )

) ss.

COUNTY OF ORANGE )

I am employed in the County of Orange, State of California. I am over the age of 18 years and not a
party to the within action. My business address is 26475 Rancho Parkway South, Lake Forest, California

On April 28, 2022, I served the foregoing document(s) described as

[xX]

1. WFG TITLE INSURANCE COMPANY AND NOVASTAR LLC’S JOINT EX PARTE

APPLICATION FOR ORDER SHORTENING TIME ON MOTION TO INTERVENE
FOR LIMITED PURPOSE OF ACCESSING JUDICIAL RECORDS; MEMORANDUM
OF POINTS AND AUTHORITIES; AND DECLARATION OF LORI C. HERSHORIN
IN SUPPORT OF EX PARTE; PROPOSED ORDER

. WFG TITLE INSURANCE COMPANY AND NOVASTAR LLC’S JOINT MOTION TO

INTERVENE FOR LIMITED PURPOSE OF ACCESSING JUDICIAL RECORDS;
DECLARATION OF LORI C. HERSHORIN IN SUPPORT OF WFG TITLE
INSURANCE COMPANY AND NOVASTAR LLC’S JOINT NOTICE OF MOTION
AND MOTION TO INTERVENE FOR LIMITED PURPOSE OF ACCESSING
JUDICIAL RECORDS

METHOD OF NOTIFICATION

BY ELECTRONIC MAIL: On April 28, 2022, I notified opposing parties by personally
transmitting to the following named person(s) via electronic mail, to the e-mail addresses as
shown on the service list, on the date and time listed below, originating from Hershorin &
Henry, LLP’s electronic mail address, pursuant to the Local Civil Rule 7-19. A true copy of the
above-described document(s) was transmitted by electronic transmission through Hershorin &
Henry, LLP’s mail server.

Within the body of the email, I further advised opposing parties that Ex Parte applications are
not set for hearing. Opposing papers must be filed by the responding party not later than 3:00
pm on the first business day succeeding the day this ex parte was served. If counsel is not going
to oppose this ex parte application, they must inform the clerk at 213-894-2881. Counsel will
be notified of the Court’s ruling. I further requested a response indicating whether counsel
would oppose the ex parte application.

Attorneys for Richard Ayvazyan Attorneys for Arthur Ayvazyan
Ashwin J. Ram, Esq.: aram@steptoe.com Kathryn A. Young, Esq.:
Meghan Newcomer, Esq.: Kathryn_Young@fd.org

mnewcomer@steptoe.com

David D. Diamond, Esq.: diamond@dba-
law.com

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 19 of 30   Page ID
Nicholas P. Silverman, Esq.:
nsilverman@steptoe.com

Attorneys for Marietta Terabelian
Ethan Atticus Balogh, Esq.:
eab@balcolaw.com

David D. Diamond, Esq.: diamond@dba-
law.com

John Lewis Littrell, Esq.:
jlittrell@bklwlaw.com

Ryan Vaughan Fraser, Esq.:
rfraser@bklwlaw.com

Attorneys for Tamara Dadyan
Jerry Kaplan, Esq.: office@3klaw.com

David D. Diamond, Esq.: diamond@dba-
law.com

Attorneys for Vahe Dadyan

Peter Johnson, Esq.:
peter@peterjohnsonlaw.com

Verna Wefald, Esq.: verna@vernawefald.com

Attorneys for Plaintiff, USA
Bennett Preston Starnes, esq.:
bennett.starnes@usdoj.gov
Brent A. Whittlesey, esq.:
brent.whittlesey@usdoj.gov
Brian R. Faerstein, esq.:
brian.faerstein@usdoj.gov
Catherine Sun Ahn, esq.:
catherine.s.ahn@usdoj.gov
Christopher Fenton, esq.:
christopher.fenton@usdoj.gov
Daniel G. Boyle, esq.:

daniel. boyle2@usdoj.gov
Scott Paetty, Esq.: Scott.Paetty@usdo].gov

Jennifer J. Wirsching, Esq.:
Wirschinglaw@outlook.com

Tarik S Adlai, Esq.: tadlai@adlailaw.com
Thomas A. Mesereau, Jr.:
mesereau@mesereaulaw.com

Attorneys for Manuk Gregoryan

John Hanusz, Esq.: john@hanuszlaw.com
George G. Mgdesyan, Esq.:
george@megdesyanlaw.com

Attorneys for Arman Hayrapetyan
Jilbert Tahmazian, Esq.: jilbert@jilbertlaw.com

Attorneys for Edvard Paronyan
Michael Gregory Freedman, Esq.:
michael@thefreedmanfirm.com

Attorney for Claimant, Nationstar Mortgage
LLC dba Mr Cooper
Hyun Wook Shin: shinh2018@lawnet.ucla.edu

Attorney for Claimants, Private Money
Solutions and Gregory Shirin
Richard J Reynolds: rreynolds@bwslaw.com

[X] |. DECLARATION OF TELEPHONIC NOTICE: I called the following attorneys of record
to verbally provide ex parte notice pursuant to Local Civil Rule 7-19.1.

Attorneys for Richard Ayvazyan
Ashwin J. Ram, Esq.:

On April 27, 2022 at 4:45 pm, I called Ashwin J. Ram, Esq. at 213-439-9443 to provide ex parte
notice pursuant to Local Civil Rule 7-19.1. I gave him the case number and explained the substance of
the ex parte motion. Mr. Ram informed me that he no longer represents Richard Ayvazyan and as such,

he will not be opposing the motion.

Meghan Newcomer, Esa.:

On April 28, 2022 at 7:31 am PST/10:31 am EST, I called Meghan Newcomer, Esq. at 212-

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 20 of 30   Page ID
506-3900. I left a detailed message on Ms. Newcomer’s personal voicemail informing counsel that
Hershorin & Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex
parte application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I
left our return contact number for counsel.

On April 28, 2022 at 11:18 am PST/ 2:18 pm EST, I called Meghan Newcomer, Esq. at 212-
506-3900. I left a second voicemail on Ms. Newcomer’s personal voicemail and requested a return
call to 949-916-8062 informing Hershorin & Henry whether Ms. Newcomer intended on opposing
the motion.

Nicholas P. Silverman, Esq.:

On April 28, 2022 at 7:34 am PST/10:34 am EST, I called Nicholas P. Silverman, Esq. at 202-
429-8096. I left a detailed message on Mr. Silverman’s personal voicemail informing counsel that
Hershorin & Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex
parte application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I
left our return contact number for counsel.

On April 28, 2022 at 11:20 am PST/ 2:208 pm EST, I called Nicholas P. Silverman, Esq. at
202-429-8096. Mr. Silverman confirmed he received my previous message. I further informed him
that Hershorin & Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an
ex parte application to hear their joint motion to intervene for the Limited Purpose of Accessing
Judicial Records on Shortened Time. I gave counsel the case name, number, and courthouse location.
I informed counsel of the substance of the ex parte motion and that counsel would receive a copy of
the motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881.

Mr. Silverman indicated he will let Hershorin and Henry know whether he will oppose the
motion once he receives a copy of the Ex Parte and the underlying motion.

Attorneys for Marietta Terabelian

Ethan Atticus Balogh, Esq.:

On April 27, 2022 at 4:50 pm, I called Ethan Atticus Balogh, Esq. at 415-391-0440. I left a
detailed message on Mr. Balogh’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 21 of 30   Page ID
o foe NN

of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. J further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 11:23 am, I called Ethan Atticus Balogh, Esq. at 415-391-0440. I left a
second voicemail on Mr. Balogh’s personal voicemail and requested a return call to 949-916-8062
informing Hershorin & Henry whether counsel intended on opposing the motion.

David D. Diamond, Esa.:

On April 27, 2022 at 4:53 pm, I called David D. Diamond, Esq. at 213-250-9100. I left a
detailed message on Mr. Diamond’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 11:27 am, I called David D. Diamond, Esq. at 213-250-9100. Mr.
Diamond confirmed he received my previous message. I further informed him that Hershorin &
Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte
application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881.

Mr. Diamond indicated he will not file an opposition

John Lewis Littrell, Esq.:

On April 27, 2022 at 4:55 pm, I called John Lewis Littrell, Esq. at 949-369-3700 to provide ex
parte notice pursuant to Local Civil Rule 7-19.1. I gave him the case number and explained the
substance of the ex parte motion. Mr. Littrell informed me that he no longer represents Marietta
Terabelian and his withdrawal from representation was granted as such, he will not be opposing the
motion.

Ryan Vaughan Fraser, Esq.:

On April 28, 2022 at 8:35 am, I called Ryan Vaughan Fraser, Esq. at 213-528-3400. I spoke to
his assistant, Luis Campos. I informed Mr. Campos that Hershorin & Henry represents Prospective
Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their joint motion
to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. I gave Mr.
Campos the case name, number, and courthouse location. I informed Mr. Campos of the substance of
the ex parte motion and that counsel would receive a copy of the motion via email on April 28, 20272.

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 22 of 30   Page ID
oO CO NN DD

I further informed Mr. Campos that Judge Wilson does not set ex parte matters for hearing, counsel
must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses
not to oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for
counsel. Mr. Campos informed me he would relay the information to Mr. Fraser. There was no
indication whether counsel will oppose the motion.

Attorneys for Arthur Ayvazyan
Kathryn A. Young, Esq.:

On April 28, 2022 at 8:05 am, I called Kathryn A. Young, Esq. at 213-894-2863. I left a
detailed message on Ms. Young’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 11:34 am, I called Kathryn A. Young, Esq. at 213-894-2863. I left a
second voicemail on Ms. Young’s personal voicemail and requested a return call to 949-916-8062
informing Hershorin & Henry whether counsel intended on opposing the motion.

David D. Diamond, Esq.:

On April 27, 2022 at 4:53 pm, I called David D. Diamond, Esq. at 213-250-9100. I left a
detailed message on Mr. Diamond’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 11:27 am, I called David D. Diamond, Esq. at 213-250-9100. Mr.
Diamond confirmed he received my previous message. I further informed him that Hershorin &
Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte
application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. J further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881.

Mr. Diamond indicated he will not file an opposition

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 23 of 30   Page ID
iv

Jennifer J. Wirsching, Esq.:

On April 28, 2022 at 8:07 am, I called Jennifer J. Wirsching, Esq. at 424-901-9280. I left a
detailed message on Ms. Wirsching’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. J left our return
contact number for counsel.

On April 28, 2022 at 11:39 am, I called Jennifer J. Wirsching, Esq. at 424-901-9280. I left a
second voicemail on Ms. Wirsching’s personal voicemail and requested a return call to 949-916-8062
informing Hershorin & Henry whether counsel intended on opposing the motion.

Tarik S Adlai, Esq.:

On April 28, 2022 at 8:10 am, I called Tarik S Adlai, Esq. at 626-578-7294. I left a detailed
message on Mr. Adlai’s personal voicemail informing counsel that Hershorin & Henry represents
Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their
joint motion to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. I
gave counsel the case name, number, and courthouse location. I informed counsel of the substance of
the ex parte motion and that counsel would receive a copy of the motion via email on April 28, 2022.
I further informed counsel that Judge Wilson does not set ex parte matters for hearing, counsel must
file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to
oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel.

On April 28, 2022 at 11: 39am, I called Tarik S Adlai, Esq. at 626-578-7294. I informed Mr
Adlai that Hershorin & Henry represents Prospective Intervenors, WFG and Novastar, who will be
filing an ex parte application to hear their joint motion to intervene for the Limited Purpose of
Accessing Judicial Records on Shortened Time. I gave counsel the case name, number, and
courthouse location. I informed counsel of the substance of the ex parte motion and that counsel
would receive a copy of the motion via email on April 28, 2022. I further informed counsel that Judge
Wilson does not set ex parte matters for hearing, counsel must file opposing papers no later than 3:00
pm PST on Friday, April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk
at 213-894-2881.

Mr. Adlai indicated he no longer represents Artur Ayvazyan, but will decide whether to
oppose the motion after he has received the motion via email.

Thomas A. Mesereau, Jr., Esq.:

On April 28, 2022 at 8:12 am, I called Thomas A. Mesereau, Jr., Esq. at 310-651-9960. I left a
detailed message for Mr. Mesereau on the firm’s voicemail informing counsel that Hershorin &
Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte
application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 24 of 30   Page ID
oO CO s DN

informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I
left our return contact number for counsel.

On April 28, 2022 at 11:39 am, I called Thomas A. Mesereau, Jr., Esq. at 310-651-9960. I left a
second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

Attorneys for Tamara Dadyan

Jerry Kaplan, Esq.:

On April 28, 2022 at 8:42 am, I called Jerry Kaplan, Esq. at 310-859-7700. I informed MR
Kaplan that Hershorin & Henry represents Prospective Intervenors, WFG and Novastar, who will be
filing an ex parte application to hear their joint motion to intervene for the Limited Purpose of
Accessing Judicial Records on Shortened Time. I gave counsel the case name, number, and
courthouse location. J informed counsel of the substance of the ex parte motion and that counsel
would receive a copy of the motion via email on April 28, 2022. I further informed counsel that Judge
Wilson does not set ex parte matters for hearing, counsel must file opposing papers no later than 3:00
pm PST on Friday, April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk
at 213-894-2881. I left our return contact number for counsel. Mr. Kaplan does not know whether he
will oppose the motion and indicated his client was in a foreign prison.

David D. Diamond, Esq.:

On April 27, 2022 at 4:53 pm, I called David D. Diamond, Esq. at 213-250-9100. I left a
detailed message on Mr. Diamond’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. J left our return
contact number for counsel.

On April 28, 2022 at 11:27 am, I called David D. Diamond, Esq. at 213-250-9100. Mr.
Diamond confirmed he received my previous message. I further informed him that Hershorin &
Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte
application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881.

Mr. Diamond indicated he will not file an opposition

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 25 of 30   Page ID
Oo wea XN HD Nn Ff

ie

Attorneys for Manuk Gregoryan
John Hanusz, Esq.:

On April 28, 2022 at 8:16 am, I called John Hanusz, Esq. at 213-204-4200. I left a detailed
message for Mr. Hanusz on the firm’s voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 12:50 pm, I called John Hanusz, Esq. at 213-204-4200. I left a second
voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing Hershorin &
Henry whether counsel intended on opposing the motion.

George G. Mgdesyan, Esa.:

On April 28, 2022 at 8:18 am, I called George G. Mgdesyan, Esq. at 818-386-6777. I left a
detailed message for Mr. Mgdesyan on the firm’s voicemail informing counsel that Hershorin &
Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte
application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I
left our return contact number for counsel.

On April 28, 2022 at 12:50 pm, I called George G. Mgdesyan, Esq. at 818-386-6777. I spoke
to his assistant, Isabella. I informed Isabella that Hershorin & Henry represents Prospective
Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their joint motion
to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. J gave
Isabella the case name, number, and courthouse location. I informed Mr. Campos of the substance of
the ex parte motion and that counsel would receive a copy of the motion via email on April 28, 2022.
I further informed Isabella that Judge Wilson does not set ex parte matters for hearing, counsel must
file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to
oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel.
Mr. Campos informed me he would relay the information to Mr. Fraser. There was no indication
whether counsel will oppose the motion.

Attorneys for Arman Hayrapetyan
Jilbert Tahmazian, Esq.:

On April 28, 2022 at 8:20 am, I called Jilbert Tahmazian, Esq. at 818-242-8201. I spoke to

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 26 of 30   Page ID
Justin, another attorney in the firm. J informed Justin that Hershorin & Henry represents Prospective
Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their joint motion
to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. I gave Justin
the case name, number, and courthouse location. I informed Justin of the substance of the ex parte
motion and that counsel would receive a copy of the motion via email on April 28, 2022. I further
informed Justin that Judge Wilson does not set ex parte matters for hearing, counsel must file
opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to
oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel.
Justin informed me he would relay the information to Mr. Tahmazian and would look for the email
containing the ex parte motion and underlying motion. Counsel did not indicate whether they would
oppose the motion.

Attorneys for Edvard Paronyan

Michael Gregory Freedman, Esq.:

On April 28, 2022 at 8:25 am, I called Michael Gregory Freedman, Esq. at 213-816-1700. I
left a detailed message for Mr. Freedman on the firm’s voicemail informing counsel that Hershorin &
Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte
application to hear their joint motion to intervene for the Limited Purpose of Accessing Judicial
Records on Shortened Time. I gave counsel the case name, number, and courthouse location. I
informed counsel of the substance of the ex parte motion and that counsel would receive a copy of the
motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,
April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I
left our return contact number for counsel.

On April 28, 2022 at 12:56 pm, I called Michael Gregory Freedman, Esq. at 213-816-1700. I
left a second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

Attorneys for Vahe Dadyan

Peter Johnson, Esq.:

On April 28, 2022 at 8:28 am, J called Peter Johnson, Esq. at 310-295-1785. I spoke to his
assistant, Michelle. I informed Michelle that Hershorin & Henry represents Prospective Intervenors,
WFG and Novastar, who will be filing an ex parte application to hear their joint motion to intervene
for the Limited Purpose of Accessing Judicial Records on Shortened Time. I gave Michelle the case
name, number, and courthouse location. I informed Michelle of the substance of the ex parte motion
and that counsel would receive a copy of the motion via email on April 28, 2022. I further informed
Michelle that Judge Wilson does not set ex parte matters for hearing, counsel must file opposing
papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to oppose,
counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel. Michelle
informed me she would relay the information to Mr. Johnson. There was no indication whether
counsel will oppose the motion.

Verna Wefald, Esq.:

On April 28, 2022 at 9:07 am, I called Verna Wefald, Esq. at 626-577-2658. I left a detailed
message on Ms. Wefald’s personal voicemail informing counsel that Hershorin & Henry represents

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 27 of 30   Page ID
oOo S&S SN HN GN

Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their
joint motion to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. I
gave counsel the case name, number, and courthouse location. J informed counsel of the substance of
the ex parte motion and that counsel would receive a copy of the motion via email on April 28, 2022.
I further informed counsel that Judge Wilson does not set ex parte matters for hearing, counsel must
file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to
oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel.

On April 28, 2022 at 12:52 pm, I called Verna Wefald, Esq. at 626-577-2658. Ms. Wefald
confirmed she received my previous message. I further informed her that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. J informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881.

Ms. Wefeld indicated she will inform us whether she will oppose the motion after receiving a
copy via email.

Attorneys for Plaintiff, USA

Bennett Preston Starnes, Esq.:

On April 28, 2022 at 9:09 am, I called Bennett Preston Starnes, Esq. at 202-257-0782. I left a
detailed message on Mr. Starnes’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. J gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 12:58 pm, I called Bennett Preston Starnes, Esq. at 202-257-0782. I left
a second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

Brent A. Whittlesey, Esa.:

On April 28, 2022 at 9:12 am, I called Brent A. Whittlesey, Esq. at 213-894-5421. I reached
Mr. Whittlesey’s voicemail, which indicated he was retired and directed callers to call Shannon at
213-894-6528. I left a detailed message for Shannon on her personal voicemail informing counsel
that Hershorin & Henry represents Prospective Intervenors, WFG and Novastar, who will be filing an
ex parte application to hear their joint motion to intervene for the Limited Purpose of Accessing
Judicial Records on Shortened Time. I gave counsel the case name, number, and courthouse location.
I informed counsel of the substance of the ex parte motion and that counsel would receive a copy of
the motion via email on April 28, 2022. I further informed counsel that Judge Wilson does not set ex
parte matters for hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday,

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 28 of 30   Page ID
oO CoO NN DH

April 29, 2022, or if counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I
left our return contact number for counsel. J also left the same message on the voicemail associated
with Mr. Whittlesey’s number, 213-894-5421.

Brian R. Faerstein, Esa.:

On April 28, 2022 at 9:17 am, I called Brian R. Faerstein, Esq. at 213-894-2400. I left a
detailed message on Mr. Faerstein’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

On April 28, 2022 at 1:01 pm, I called Brian R. Faerstein, Esq. at 213-894-2400. I left a
second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

Catherine Sun Ahn, Esaq.:

On April 28, 2022 at 9:22 am, I called Catherine Sun Ahn, Esq. at 213-894-2424. I left a
detailed voice message for Ms. Ahn informing counsel that Hershorin & Henry represents
Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their
joint motion to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. ]
gave counsel the case name, number, and courthouse location. I informed counsel of the substance of
the ex parte motion and that counsel would receive a copy of the motion via email on April 28, 2022.
I further informed counsel that Judge Wilson does not set ex parte matters for hearing, counsel must
file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to
oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel.

On April 28, 2022 at 1:03 pm, I called Catherine Sun Ahn, Esq. at 213-894-2424. J left a
second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

Christopher Fenton, Esq.:

On April 28, 2022 at 9:25 am, I called Christopher Fenton, Esq. at 202-320-0539. I left a
detailed message on Mr. Fenton’s personal voicemail informing counsel that Hershorin & Henry
represents Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to
hear their joint motion to intervene for the Limited Purpose of Accessing Judicial Records on
Shortened Time. I gave counsel the case name, number, and courthouse location. I informed counsel
of the substance of the ex parte motion and that counsel would receive a copy of the motion via email
on April 28, 2022. I further informed counsel that Judge Wilson does not set ex parte matters for
hearing, counsel must file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if
counsel chooses not to oppose, counsel must notify the clerk at 213-894-2881. I left our return
contact number for counsel.

-l1-

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 29 of 30   Page ID
On April 28, 2022 at 1:05 pm, I called Christopher Fenton, Esq. at 202-320-0539. I left a
second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

Daniel G. Boyle, Esq.:

On April 28, 2022 at 9:27 am, I called Daniel G. Boyle, Esq. at 213-894-0142. The phone rang
several times and there was no option to leave a voicemail message. The phone continued ringing.

On April 28, 2022 at 1:06 9m, I called Daniel G. Boyle, Esq. at 213-894-0142. The phone rang
several times and there was no option to leave a voicemail message. The phone continued ringing.

Scott Paetty. Esq.:

On April 28, 2022 at 9:31 am, I called Scott Paetty, Esq. at 213-894-0141. The phone rang
several times and there was no option to leave a voicemail message. The phone continued ringing.

On April 28, 2022 at 1:08 pm, I called Scott Paetty, Esq. at 213-894-0141. The phone rang
several times and there was no option to leave a voicemail message. The phone continued ringing.

Attorney for Claimant, Nationstar Mortgage LLC dba Mr Cooper

Hyun Wook Shin, Esq.:

On April 28, 2022 at 9:33 am, I called Hyun Wook Shin, Esq. at 310-905-4006 to provide ex
parte notice pursuant to Local Civil Rule 7-19.1. I gave her the case number and explained the substance
of the ex parte motion. Ms. Shin informed me that she no longer represents Nationstar Mortgage LLC
dba Mr Cooper and no longer works at Sheppard Mullin and as such, she did not indicate who is
currently representing Nationstar Mortgage LLC dba Mr Cooper. Mrs. Shin will not be opposing the
motion.

Attorney for Claimants, Private Money Solutions and Gregory Shirin

Richard J Reynolds, Esq.:

On April 28, 2022 at 9:40 am, I called Richard J Reynolds, Esq. at 949-863-3363, the number
provided on the courts docket. However, the number was a general line and did not have a direct
extension to Mr. Reynolds. I proceeded to the firms website and located Mr. Reynolds direct number,
949-265-3408. At 9:43 am, I called Mr. Reynolds’ direct line at 949-265-3408, I left a detailed
message on Mr. Reynolds’ personal voicemail informing counsel that Hershorin & Henry represents
Prospective Intervenors, WFG and Novastar, who will be filing an ex parte application to hear their
joint motion to intervene for the Limited Purpose of Accessing Judicial Records on Shortened Time. I
gave counsel the case name, number, and courthouse location. I informed counsel of the substance of
the ex parte motion and that counsel would receive a copy of the motion via email on April 28, 2022.
I further informed counsel that Judge Wilson does not set ex parte matters for hearing, counsel must
file opposing papers no later than 3:00 pm PST on Friday, April 29, 2022, or if counsel chooses not to
oppose, counsel must notify the clerk at 213-894-2881. I left our return contact number for counsel.

On April 28, 2022 at 1:10 pm, I called Richard J Reynolds, Esq. at 949-265-3408. I left a

second voicemail on the firm’s voicemail and requested a return call to 949-916-8062 informing
Hershorin & Henry whether counsel intended on opposing the motion.

DECLARATION OF SERVICE
Case 2:20-cr-00579-SVW     Document 1305     Filed 04/29/22     Page 30 of 30   Page ID
rl

[X] (STATE) I declare under penalty of perjury under the laws of the State of California that the

above is true and correct.

Executed on April 28, 2022 at Lake Forest, California.

Aimee linge

DECLARATION OF SERVICE


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