MTGLQ Investors, L.P. v. Alameda Chemical & Scientific, Inc. et al

Filing 49

ORDER by Judge Laporte granting 38 Motion for Disbursement of Funds (edllc1, COURT STAFF) (Filed on 7/26/2010)

MTGLQ Investors, L.P. v. Alameda Chemical & Scientific, Inc. et al

Doc. 49

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PATRICIA H. LYON, State Bar No. 126761 Email: [e-mail] JAMES H. FRENCH, State Bar No. 53555 Email: [e-mail] FRENCH & LYON A Professional Corporation 22 Battery Street, Suite 404 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, MTGLQ INVESTORS, L.P., A Delaware Limited Partnership UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 (OAKLAND DIVISION) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MTGLQ INVESTORS, L.P., A Delaware Limited Partnership ) ) ) Plaintiff, ) ) v. ) ) ALAMEDA CHEMICAL & SCIENTIFIC, INC., ) A CALIFORNIA CORPORATION; ALAMEDA ) CHEMICAL & SCIENTIFIC OF ARIZONA, ) INC., A CALIFORNIA CORPORATION; ) ALAMEDA CHEMICAL & SCIENTIFIC OF ) IDAHO, INC., A CALIFORNIA ) CORPORATION; ALAMEDA CHEMICAL & ) SCIENTIFIC OF SOUTHERN CALIFORNIA, ) INC., A CALIFORNIA CORPORATION; HIGH ) TECHNOLOGY PACKAGING, INC., A ) CALIFORNIA CORPORATION; MILLER ) LAND, CATTLE & WINE #2 LIMITED ) LIABILITY COMPANY, A CALIFORNIA ) LIMITED LIABILITY COMPANY; MILLER ) LAND, CATTLE & WINE #3 LIMITED ) LIABILITY COMPANY, A CALIFORNIA ) LIMITED LIABILITY COMPANY; MILLER ) LAND, CATTLE & WINE #4 LIMITED ) LIABILITY COMPANY, A CALIFORNIA ) LIMITED LIABILITY COMPANY; RONALD ) F. MILLER, INDIVIDUALLY; and L. ELAINE ) MILLER, INDIVIDUALLY, ) ) Defendants. ) ) ) -1ORDER GRANTING MOTION TO DISBURSE

Case No. C 09-04270 EDL [PROPOSED] ORDER GRANTING MOTION TO DISBURSE SALE PROCEEDS TO SECURED CREDITOR MTGLQ INVESTORS, L.P. Hearing Date: July 27, 2010 Time: 9:00 a.m. Judge: Honorable Elizabeth D. Laporte Place: 450 Golden Gate Avenue Courtroom E, 15th Floor San Francisco, California

Dockets.Justia.com

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The Motion to Disburse Sale Proceeds to Secured Creditor MTGLQ INVESTORS, L.P., is appropriate for decision without oral argument. a Delaware Limited Partnership, (the "Plaintiff") came on regularly for hearing on July 27, 2010. All appearance were noted on the Court record. Notice of the Motion was duly served on all interested parties. The Court having considered the Motion and related pleadings, any opposition thereto, the arguments presented at the hearing, and the pleadings and records on file in this case, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Plaintiff's Motion for an Order disbursing sale proceeds of the sale of that certain

real property located at 1336 N. 20th Street, Nampa, Idaho, together with the buildings and improvements located thereon and the rights and appurtenances pertaining thereto and all personal property including machinery, equipment, fixtures, furniture, vehicles land and other personal property, if any, located thereon (collectively, the Nampa Facility") is hereby granted. 2. The Receiver is authorized to immediately distribute the estimated net sale

proceeds of the Nampa Facility to Plaintiff as senior secured lender. DATED:

July 26, _________________, 2010

______________________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE

-2ORDER GRANTING MOTION TO DISBURSE