United States of America v. Altotech II LP

Filing 111

ORDER Approving and Confirming Final Receiver's Report, Terminating Receivership and Discharging Receiver. Signed by Judge Samuel Conti on 10/4/2010. (sclc2, COURT STAFF) (Filed on 10/4/2010)

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MELINDA HAAG (CABN 132612) United States Attorney JOANN M. SWANSON (CABN 88143) Chief, Civil Division EDWIN L. JOE (CABN 112328) Special Assistant U.S. Attorney 455 Market Street, Suite 600 San Francisco, California 94105-2420 Telephone: [phone] Facsimile: [phone] or [phone] Email: [e-mail] Attorneys for Federal Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. ALTOTECH, II L.P., ) ) ) ) ) ) ) ) ) ) ) )

E-Filing Civil Case No. C06 3879 SC Date: Time: Room:

Defendant.

ORDER APPROVING AND CONFIRMING THE FINAL RECEIVER'S REPORT, TERMINATING THE RECEIVERSHIP AND DISCHARGING THE RECEIVER FOR ALTOTECH II, L.P. This matter came before this Court upon the Motion by the United States Small Business Administration as Receiver ("the Receiver") for AltoTech II. L.P. ("AltoTech II") for entry of an order approving and confirming the Final Receiver's Report for the period July 1, 2006

C06 3879 SC ­ ORDER APPROVING FINAL RECEIVER'S REPORT, TERMINATING1 RECEIVERSHIP, AND DISCHARGING RECEIVER

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through August 24, 2010, terminating the receivership and discharging the Receiver. After careful consideration and this Court having been duly advised as to the merits, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. 2. The Receiver's Motion is granted in its entirety; The Final Receiver's Report for the period July 1, 2006 through August 24, 2010

and the acts, transactions and receipts and disbursements of funds reported therein, are hereby approved and confirmed. 3. This Court confirms that the Receiver has complied with the Orders of the Court

dated June 21, 2006 ("Receivership Order") and July 30, 2010 ("Wind-Up Order") as more fully described in the Receiver's Motion and Memorandum. 4. Control of AltoTech II shall be unconditionally transferred and returned to its

General Partner c/o Gloria Wahl, upon notification of entry of this Order. 5. The stay and injunction imposed by paragraphs seven and eight of the

Receivership Order are hereby lifted. 6. All claims against and obligations of (a) AltoTech II, (b) the AltoTech II

Receivership estate, (c) the AltoTech II Receiver and its current and former agents and attorneys, arising from or relating in any way to the Receivership shall be discharged upon notification of entry of this Final Order. 7. The AltoTech II receivership is hereby terminated, SBA is discharged as

Receiver, and the SBA, its employees, officers, agents, contractors, attorneys, and any other person who acted on behalf of the Receiver, are hereby discharged and released from any and all claims, obligations and liabilities arising from or relating to the activities, conduct or

C06 3879 SC ­ ORDER APPROVING FINAL RECEIVER'S REPORT, TERMINATING2 RECEIVERSHIP, AND DISCHARGING RECEIVER

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management and operation of AltoTech II and the AltoTech II receivership estate upon notification of entry of this Final Order. 8. A copy of this Final Order shall be served upon the General Partner of AltoTech

II upon notification of entry of the Final Order. 9. A copy of this Order, containing notice of the transfer of control of AltoTech II,

shall be served upon the appropriate federal and state tax offices, the California Secretary of State and upon the registered agents for service of process. 4th SO ORDERED this _____ day of ______, 20____ PURSUANT TO STIPULATION OF THE 10 Oct. PARTIES.

_______________________________________ THE HONORABLE SAMUEL CONTI UNITED STATES DISTRICT COURT JUDGE

APPROVED AS TO FORM AND CONTENT:

_/s/ Arlene P. Messinger_____________ ARLENE P. MESSINGER Attorney for Defendant, SBA as Receiver for Prospero Ventures, LP

_/s/ Edwin L. Joe__________________ EDWIN L. JOE Special Assistant U. S. Attorney Attorney for Plaintiff, United States of America

C06 3879 SC ­ ORDER APPROVING FINAL RECEIVER'S REPORT, TERMINATING3 RECEIVERSHIP, AND DISCHARGING RECEIVER