United States Of America v. Rocket Ventures II SBIC, L.P.

Filing 82

ORDER GRANTING AS MODIFIED 80 MOTION for Entry of an Order (1) Approving and Confirming the Sixth and Final Receiver's Report, (2)Discharging the Receiver, and (3)Terminating the Receivership; VACATING HEARING. Signed by Judge Jeffrey S. White on 11/30/15. (jjoS, COURT STAFF) (Filed on 11/30/2015)

SCHNADER HARRISON SEGAL & LEWIS LLP
650 CALIFORNIA STREET, 19TH FLOOR
SAN FRANCISCO, CA 94108-2736
TELEPHONE: [phone]

1 Gregory C. Nuti (Bar No. 151754)
[e-mail]
2 T. Scott Tate (Bar No. 118427)
[e-mail]
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Schnader Harrison Segal & Lewis LLP
4 One Montgomery Street, Suite 2200
San Francisco, CA 94104-5501
5 Telephone: [phone]
Facsimile: 415-364-6785
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Arlene M. Embrey (Fl. Bar No. 0125539)
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[e-mail]
8 Trial Attorney, Office of General Counsel
U.S. Small Business Administration
9 409 3rd Street, S.W., Suite 7200
Washington, D.C. 20416
10 Telephone [phone]
Facsimile (202) 481- 0324
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12 Attorneys for United States Small Business Administration
in its capacity as Receiver for Rocket Ventures II SBIC,
13 L.P.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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18 UNITED STATES OF AMERICA,
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Plaintiff,

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vs.
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ROCKET VENTURES II SBIC, L.P.,
Defendant.

Case No. C08-02240 JSW
ORDER GRANTING MOTION FOR
ENTRY OF AN ORDER:
(1) APPROVING AND CONFIRMING
THE SIXTH AND FINAL
RECEIVER’S REPORT,
(2) DISCHARGING THE RECEIVER,
AND
(3) TERMINATING THE
RECEIVERSHIP AS MODIFIED HEREIN
AND VACATING HEARING DATE
Date:
December 11, 2015
Time:
9:00 a.m.
Location: 1301 Clay Street
Courtroom 5, 2nd Floor
Oakland, CA 94612
Judge:
Hon. Jeffrey S. White
PHDATA 5512056_1

ORDER GRANTING MOTION FOR ENTRY OF AN ORDER APPROVING AND CONFIRMING THE SIXTH
& FINAL RECEIVER’S REPORT

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This matter comes before the Court on the motion of the U.S. Small Business

2 Administration (“SBA”) as Receiver (“Receiver”) for Rocket Ventures II SBIC, L.P. (“Rocket
3 SBIC”) to re-open the case for entry of an order (1) approving and confirming the Sixth and
4 Final Receiver's Report for the Period October 1, 2013 through October 31, 2015, (2)
5 discharging the Receiver and (3) terminating the receivership estate, and this Court being duly
6 advised as to the merits,
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IT IS HEREBY ORDERED THAT:

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1.

The Receiver's Motion For Entry of an Order Approving and Confirming the

9 Sixth and Final Receiver's Report is GRANTED; and

SCHNADER HARRISON SEGAL & LEWIS LLP
650 CALIFORNIA STREET, 19TH FLOOR
SAN FRANCISCO, CA 94108-2736
TELEPHONE: [phone]

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2.

This Court APPROVES AND CONFIRMS the Sixth and Final Receiver's

11 Report for the Period October 1, 2013 through October 31, 2015, and the actions and the
12 activities of the Receiver as reported therein.
3.
This Court confirms that the Receiver has complied with the Orders of the Court
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14 dated September 4, 2008 (“Receivership Order”) and August 3, 2015 (“Wind-Up Order”) as
15 more fully described in the Receiver’s Motion and Sixth and Final Report.
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4.

Control of Rocket Ventures II SBIC, L.P. shall be unconditionally transferred and

17 returned to its general partner upon entry of this Final Order.
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5.

The stay and injunction imposed by paragraphs 7 and 8 of the Receivership Order

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are hereby lifted.
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6.

All claims against and obligations of (a) Rocket Ventures II SBIC, L.P. , (b) the

22 Rocket Ventures II SBIC, L.P. receivership estate, (c) the Rocket Ventures II SBIC, L.P.
23 Receiver and its current and former agents and attorneys, arising from or relating in any way to
24 the Receivership shall be discharged upon entry of this Final Order.
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7.

The Rocket Ventures II SBIC, L.P. receivership is hereby terminated, SBA is

discharged as Receiver, and the SBA, its employees, officers, agents, contractors, attorneys, and

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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

1 management and operation of Rocket and the Rocket receivership estate upon entry of this Final
2 Order.
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The Receiver shall serve a copy of this Final Order

8.

A copy of this Final Order shall be served upon the general partner and limited

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partners of Rocket and served on the appropriate federal and state tax offices, as well as the
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Delaware Secretary of State. The Receiver also shall file proof of such service with the Court.
IT IS SO ORDERED.

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9 Dated: _____________
November 30, 2015

SCHNADER HARRISON SEGAL & LEWIS LLP
650 CALIFORNIA STREET, 19TH FLOOR
SAN FRANCISCO, CA 94108-2736
TELEPHONE: [phone]

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_______________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE