Pacific Education Foundation

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	) Bankruptcy Case
) No. 08-30199DM
PACIFIC EDUCATION FOUNDATION, 	)
fka Heald Colleges; fka Heald 	) Chapter 11
Colleges; fka Heald College of 	)
California, 	)
)
Debtor. 	)
___________________________________)
MEMORANDUM FOLLOWING STATUS CONFERENCE
On June 6, 2008, the court conducted a status conference on
matters pertaining to the motion of 3D Investments, LLC (“3D”) for
relief from the automatic stay. 	3D appeared and was represented
by Alan Ramos, Esq. 	Debtor Pacific Education Foundation (“PEF”)
appeared and was represented by James E. Topinka, Esq. and David
A. Honig, Esq.
The subject of the status conference was the status of the
3D-PEF arbitration pending before James F. Ventura, Esq. in
Kailua, Hawaii. 	More particularly, by letter entered on May 27,
2008, the court granted limited relief from stay to 3D to inquire
of Mr. Ventura concerning his jurisdiction and willingness to
proceed with the subject arbitration. 	By e-mail of May 31, 2008,
Mr. Ventura responded, stating in part, that “without further
instruction or authority, I am unsure whether I have jurisdiction
over remedies in the event of a breach.” 	Thereafter, counsel for
Signed and Filed: June 19, 2008
________________________________________
DENNIS MONTALI
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
June 19, 2008
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-30199 Doc# 128 Filed: 06/19/08 Entered: 06/19/08 17:03:07 Page 1 of
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3D and counsel for PEF communicated separately with Mr. Ventura.
At the present time the court is unable to determine whether
it would be appropriate to grant any further relief to 3D in
connection with the arbitration or to proceed with consideration
of objections PEF intends to file to 3D’s proof of claim in this
bankruptcy case. 	To illuminate the court as appropriate and to
facilitate the parties’ mutual desire to obtain a determination
from Mr. Ventura concerning the extent to which he could provide a
final resolution of the 3D-PEF dispute, the parties agreed on this
court’s record to the following:
1. 	By this memorandum the court will communicate its and the
parties’ desire that Mr. Ventura clarify his position on the issue
set forth below;
2. 	No later than June 20, 2008, both 3D and PEF will submit
simultaneous letter briefs, not in excess of five pages, to
Mr. Ventura setting forth their respective views on whether, under
applicable law, Mr. Ventura has or does not have jurisdiction over
remedies in the event he determines that there has been a breach
of the Settlement Agreement and Mutual Release dated May 25, 2007;
3. 	Following the submission of those letter briefs, the
parties and the court will await Mr. Ventura’s response.
The court requests that Mr. Ventura accept this schedule and
act accordingly.
**END OF MEMORANDUM**
Case: 08-30199 Doc# 128 Filed: 06/19/08 Entered: 06/19/08 17:03:07 Page 2 of
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COURT SERVICE LIST
David A. Honig, Esq.
Winston & Strawn LLP
101 California St.
San Francisco, CA 94111-5894
Alan E. Ramos, Esq.
Nevin, Ramos & Steele
700 Ygnacio Valley Rd., #220
Walnut Creek, CA 94596-3859
Case: 08-30199 Doc# 128 Filed: 06/19/08 Entered: 06/19/08 17:03:07 Page 3 of
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