Securities And Exchange Commission v. Diamond Foods, Inc.

Filing 11

ORDER TO APPOINT A TAX ADMINISTRATOR by Hon. William Alsup granting 9 Motion to appoint a tax administrator.(whalc1, COURT STAFF) (Filed on 10/18/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.

NO. 3:14-cv-00123-WHA

DIAMOND FOODS, INC.,

Defendant.

[PROPOSED] ORDER TO APPOINT A TAX ADMINISTRATOR
The Court, having reviewed Plaintiff Securities and Exchange Commission’s
(“SEC” or “Commission”) Motion to Appoint a Tax Administrator and for good cause shown,
IT IS HEREBY ORDERED:
1. Damasco & Associates, LLP is appointed as Tax Administrator to execute all income
tax reporting requirements, including the preparation and filing of tax returns, for all
funds under the Court’s jurisdiction in this case (the “Distribution Fund”).
2. Damasco & Associates, LLP shall be designated the Tax Administrator of the
Distribution Fund, pursuant to section 468B(g) of the Internal Revenue Code (IRC), 26
U.S.C. §468B(g), and related regulations, and shall satisfy the administrative
requirements imposed by those regulations, including but not limited to (a) obtaining a
taxpayer identification number, (b) filing applicable federal, state, and local tax returns
and paying taxes reported thereon out of the Distribution Fund, and (c) satisfying any
information, reporting, or withholding requirements imposed on distributions from the

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Distribution Fund. Upon request, the Tax Administrator shall provide copies of any
filings to the Commission’s counsel of record.
3. The Tax Administrator shall be entitled to charge reasonable fees and expenses for tax
compliance services in accordance with its agreement with the Commission.
4. The Commission staff is authorized to approve and arrange payment of all future tax
obligations and tax administrator fees and expenses owed by the Distribution Fund
directly from the Distribution Fund without further order of the Court.

Dated:

_______________________

October 18, 2016.

United States District Judge

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