Securities and Exchange Commission v. Vassallo et al

Filing 381

ORDER granting Receiver's Motion to Approve Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons #351 signed by Senior Judge Lawrence K. Karlton on 11/08/10. (Mena-Sanchez, L)

Securities and Exchange Commission v. Vassallo et al

Doc. 381

1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP JAMIE L. DUPREE (158105) 2 JAIME G. TOUCHSTONE (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 v. 13 ANTHONY VASSALLO, et al, 14 Defendants. 15 16 17 18 19 The motion of Receiver Stephen E. Anderson ("Receiver") to Approve Settlements with UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO Case No. CV 09-000665 LKK-DAD ORDER GRANTING RECEIVER'S MOTION TO APPROVE SETTLEMENTS WITH EQUITY CONSTELLATION INVESTORS NILSSON, WILBERG, PATENAUDE, SMART AND SIMMONS Date: Time: Location: Judge: November 8, 2010 10:00 a.m. Courtroom 4, 15th Floor Hon. Lawrence K. Karlton

20 Equity Constellation, LLC Investors Nilsson, Wilberg, Patenaude, Smart and Simmons came on 21 regularly for hearing in Courtroom 4 of the above-entitled Court on November 8, 2010, at 10:00 22 a.m., the Honorable Lawrence K. Karlton presiding, with counsel appearing on behalf of 23 Receiver. The Court having considered the papers submitted in support of such motion, and the 24 arguments of counsel and for good cause shown, 25 26 THE COURT FINDS AND ORDERS AS FOLLOWS: Receiver's Motion to Approve the Settlements with Equity Constellation Investors

27 Nilsson, Wilberg, Patenaude, Smart and Simmons IS HEREBY GRANTED. 28
FUTTERMAN DUPREE DODD CROLEY MAIER LLP

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[PROPOSED] ORDER GRANTING MOTION TO APPROVE SETTLEMENTS WITH EQUITY CONSTELLATION INVESTORS CASE NO. CV 09-000665 LKK-DAD Dockets.Justia.com

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Adequate and proper notice of this motion was provided to Defendant Equity Investment

2 Management and Trading, Inc. ("EIMT") investors and other interested parties. Each settlement 3 with Jan Nilsson, Carl Wilberg, Jean-Marc Patenaude, David Smart R. Douglas Simmons/Kupfer 4 Family LLC settlement is fair and equitable to the defrauded EIMT investors, and provides 5 substantial value while minimizing expenses to the receivership estate. Accordingly, each 6 settlement is hereby approved, and Receiver is authorized to take all actions necessary to 7 complete each settlement. 8 9 10 Dated: November 8, 2010 11 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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[PROPOSED] ORDER GRANTING MOTION TO APPROVE SETTLEMENTS WITH EQUITY CONSTELLATION INVESTORS CASE NO. CV 09-000665 LKK-DAD