Securities and Exchange Commission v. Vassallo et al

Filing 131

STIPULATION and ORDER #130 to confirm EIMT ownership of Fiddletown Property signed by Senior Judge Lawrence K. Karlton on 9/16/2009. EIMT funds were used to purchase the Fiddletown Property. The Fiddletown Property Purchase was in constructive trust for EIMT, and EIMT is the sole owner of the Fiddletown Property. Vassallo shall execute any and all documents necessary to reflect that EIMT is the sole owner of the Fiddletown Property in a form that ensures a title company will insure the future transfer of the Fiddletown Property by Receiver to a third party. Vassallo will fully cooperate with Receiver to achieve the purpose of parties Stipulation and Order. (Marciel, M)

1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP JAMIE L. DUPREE (158105) 2 JAIME E. GODIN (233187) 180 Sansome Street, 17th Floor 3 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] 5 [e-mail] 6 Attorneys for Receiver Stephen E. Anderson 7 8 9 10 11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff 13 v. 14 ANTHONY VASSALLO, et al, 15 Defendants. 16 17 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO Case No. CV 09-000665 LKK-DAD STIPULATION AND ORDER CONFIRMING EIMT OWNERSHIP OF FIDDLETOWN PROPERTY Judge Lawrence K. Karlton

RECITALS Pursuant to orders dated April 30, 2009 and July 31, 2009, the Court appointed Stephen

19 E. Anderson ("Receiver") as Receiver over Defendant Equity Investment Management Trading, 20 Inc. ("EIMT"). 21 The Court has empowered Receiver to "take all steps the receiver deems necessary to

22 secure and protect the assets and property of EIMT...." Order Appointing Temporary Receiver 23 for Equity Investment Management and Trading, Inc. and Order to Show Cause for Appointment 24 of Permanent Receiver dated April 30, 2009 ("OAR"), ¶ III B. 25 Utilizing EIMT investor funds, on or about February 28, 2008, Defendant Anthony

26 Vassallo ("Vassallo") purchased a piece of real property known as 19990 Brockman Mill Road, 27 Fiddletown, CA 95629, APN 021-050-023 (the "Fiddletown Property") for $265,000 (the 28 "Fiddletown Property Purchase").
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

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STIPULATION AND [PROPOSED] ORDER CONFIRMING EIMT OWNERSHIP OF FIDDLETOWN PROPERTY CASE NO. CV 09-000665 LKK-DAD

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Title to the Fiddletown Property is in the name of Vassallo. The parties wish to ensure that title to the Fiddletown Property is placed in the name of

3 EIMT in such a manner that a title company will insure the transfer of the Fiddletown Property to 4 a third party. 5 6 STIPULATION NOW, THEREFORE, Receiver, on behalf of EIMT, and Defendant Anthony Vassallo,

7 through their counsel of record, HEREBY STIPULATE AND AGREE AS FOLLOWS: 8 9 1. 2. EIMT funds were used to purchase the Fiddletown Property. The Fiddletown Property Purchase was in constructive trust for EIMT and EIMT

10 is the sole owner of the Fiddletown Property. 11 3. Vassallo shall execute any and all documents necessary to reflect that EIMT is the

12 sole owner of the Fiddletown Property in a form that ensures that a title company will insure the 13 future transfer of the Fiddletown Property by Receiver to a third party. 14 4. Vassallo will fully cooperate with Receiver to achieve the purpose of this

15 stipulation. 16 IT IS SO STIPULATED AND AGREED. FUTTERMAN DUPREE DODD CROLEY MAIER LLP By:/s/Jamie L. Dupree Jamie L. Dupree Attorneys for Receiver Stephen E. Anderson BLACKMON & ASSOCIATES By:/s/Clyde M. Blackmon Clyde M. Blackmon Attorneys for Defendant Anthony Vassallo ORDER Having reviewed the parties' Stipulation and Proposed Order Confirming EIMT's

17 Dated: September 15, 2009 18 19 20 21 Dated: September 11, 2009 22 23 24 25 26

27 Owenrship of the Fiddletown Property, and for good cause shown, 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

THE COURT FINDS AND ORDERS: 2
STIPULATION AND [PROPOSED] ORDER CONFIRMING EIMT OWNERSHIP OF FIDDLETOWN PROPERTY CASE NO. CV 09-000665 LKK-DAD

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EIMT funds were used to purchase the Fiddletown Property. The Fiddletown Property Purchase was in constructive trust for EIMT, and EIMT

3 is the sole owner of the Fiddletown Property. 4 3. Vassallo shall execute any and all documents necessary to reflect that EIMT is the

5 sole owner of the Fiddletown Property in a form that ensures that a title company will insure the 6 future transfer of the Fiddletown Property by Receiver to a third party. 7 4. Vassallo will fully cooperate with Receiver to achieve the purpose of the parties'

8 stipulation and this order. 9 10 11 Dated: September 16, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER CONFIRMING EIMT OWNERSHIP OF FIDDLETOWN PROPERTY CASE NO. CV 09-000665 LKK-DAD

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