United States of America v. Altotech II LP

Filing 96

STIPULATION AND ORDER Case Management Conference set for 3/19/2010 is continued to 12/3/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 3/15/10. (tdm, COURT STAFF) (Filed on 3/16/2010)

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JOSEPH P. RUSSONIELLO, (SBN 44332) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division EDWIN L. JOE (SBN 112328) Special Assistant United States Attorney 455 Market Street, 6th Floor 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., ) ) ) Defendant. ) ) ____________________________________)

E-Filing Civil Case No. C06 3879 SC Date: March 19, 2010 Time: 10 AM Ctrm: 1 450 Golden Gate Ave., SF., CA

CASE MANAGEMENT CONFERENCE STATEMENT; CMC ORDER b ehalf of the Defendant, AltoTech T jointly submit this Case Management

Statement and Proposed Order and request the Court adopt it as its Case Management Order in this case. Description of the Case C06 3879 SC CASE MANAGEMENT CONFERENCE STATEMENT; CMC ORDER 1

1 2 3 4 681(c). SBA determined in 2005 the SBIC to be capital impaired, unable to cure the capital 5 6 7 8 9 10 11 purchased by SBA. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 However, overall court supervision is needed until the Receiver completes the receivership. The receiver intends to seek case closure of the Receivership after submitting the final C06 3879 SC CASE MANAGEMENT CONFERENCE STATEMENT; CMC ORDER 2 is one portfolio asset remaining in AltoTech, MBlox, Inc., located in Sunnyvale, CA. MBlox, Inc., is a mobile transaction network service provider specializing in the transmission of Short Message Service (SMS), mobile messaging, text messaging and financial settlement. The Receiver will seek a sale or transfer of this asset prior to the anticipated close of the receivership by September 30, 2010. 4. Since a Consent Order of Receivership has been entered, no trial date is needed. 3. Current Status: The litigation in case number C07-4530 SC has been concluded, case b dismissed, and all issues resolved to the satisfaction of the parties. Th een submitted so far. The latest Receiver Report for the period July 1 2009 - June 30 2010 is not yet due. The Fourth and likely last report will be filed within 90 days of the end of the reporting period, on or about the close of the fiscal year on September 30, 2010. Currently, there C onsent Order for Receivership and for SBA to be appointed Receiver by the court. 2. Since the court has jurisdiction over SBIC receiverships, SBA obtained court approval of the Consent Order for Receivership, and SBA was appointed Receiver on June 21, 2006. Currently, there is approximately $14,250,000 (principal) in outstanding Participating Securities § 1. Overview: AltoTech was licensed by United States Small Business Administration

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Accounting for 2010, shortly after the close of the fiscal year on September 30, 2010. 5. Therefore, the parties suggest and stipulate to continuing the March 19, 2010 Case Management Conference until Friday, December 3, 2010, if needed. Further, should the Fourth v and Final Receive acated and no further CMC dates be set. Dated: _March _12, 2010__ __/s/ Edwin L. Joe_________________ Edwin L. Joe Special Assistant United States Attorney

Respectfully submitted, Dated: _March 12, 2010 __/s/ Gerry McClure_________________ Gerry McClure Principal Agent for the Receiver U.S. Small Business Administration as Receiver for AltoTech II, LP 1100 G Street Suite 200 Washington, D.C. 20005 Telephone: [phone] Facsimile: [phone]

Of Counsel: ARLENE MESSINGER Assistant General Counsel for SBIC Enforcement United States Small Business Administration 409 Third Street, S.W., 7th Floor Washington, D.C. 20416 Tel: [phone]

C06 3879 SC

CASE MANAGEMENT CONFERENCE STATEMENT; CMC ORDER 3

1 2 3 4 In addition the Court orders: 5 6 7 8 9 10 11

CASE MANAGEMENT ORDER This Case Management Statement and Proposed Order is hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to comply with this Order.

1. The Case Management Conference for March 19, 2010 at 10:00 AM is hereby t continued to December 3, 2010, if needed. imely filed beforehand, the December 3, 2010 CMC date will be vacated and no further CMC dates will be set. PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.

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3/15/10 Dated:_________________

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C06 3879 SC

CASE MANAGEMENT CONFERENCE STATEMENT; CMC ORDER 4

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______________________________________ D RDERE IS SO O TSAMUEL CONTI I HONORABLE UNITED STATES DISTRICT JUDGE
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