Securities and Exchange Commission v. Bivona et al

Filing 146

STIPULATION AND ORDER re 144 STIPULATION WITH PROPOSED ORDER and re 143 ADMINISTRATIVE MOTION Request Notice and an Opportunity to be Heard filed by Telesoft Capital LLC Signed by Judge Edward M. Chen on 10/25/16. (bpfS, COURT STAFF) (Filed on 10/25/2016)

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COOLEY LLP
PATRICK E. GIBBS (183174) ([e-mail])
ALLISON S. DAVIDSON (267964) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Non-Party
TELESOFT CAPITAL, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SECURITIES AND EXCHANGE
COMISSION,

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Plaintiff,

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v.

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JOHN V. BIVONA; SADDLE RIVER
ADVISORS LLC; SRA MANAGEMENT
LLC; FRANK GREGORY MAZZOLA,

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STIPULATION AND [PROPOSED] ORDER
GRANTING NON-PARTY TELESOFT
CAPITAL, LLC’S ADMINISTRATIVE
MOTION TO REQUEST NOTICE AND AN
OPPORTUNITY TO BE HEARD

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Case No. 3:16-cv-01386-EMC

Judge:

Hon. Edward Chen

Defendants, and
SRA I LLC; SRA II LLC; SRA III LLC;
FELIX INVESTMENTRS, LLC; MICHELE
J. MAZZOLA; ANNE BIVONA; CLEAR
SAILING GROUP IV LLC; CLEAR
SAILING GROUP V LLC,
Relief Defendants.

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COOLEY LLP
ATTORNEYS AT LAW

STIPULATION AND [PROPOSED] ORDER
GRANTING ADMINISTRATIVE MOTION
3:16-CV-01386-EMC

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WHEREAS, on October 11, 2016, the Court entered an order for appointment of Receiver
in the above-captioned action (“Receiver Order”, Dkt. #142);

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WHEREAS, before the Court is an administrative motion to confirm that non-party

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TeleSoft Capital, LLC (the “Non-Party”) is entitled to notice and an opportunity to be heard

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before the Receiver approves, negotiates for the sale or transfers pre-IPO shares of Palantir

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Technologies, Inc. (“Palantir”), pursuant to Sections IX and XIV of the Receiver Order (the

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“Motion”);

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WHEREAS, Plaintiff and the Receiver do not take any position on the representations
made in Non-Party’s Motion;
NOW, THEREFORE, Plaintiff, the Receiver and Non-Party, by and through their
undersigned counsel, hereby agree and stipulate as follows:
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If the Receiver requests the Court’s approval for sales of Palantir shares from the

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Set-Aside Fund, Non-Party is entitled to two-weeks expedited notice, with any opposition by

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Non-Party due in writing five court days after the Receiver’s expedited motion;

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2.

In accordance with this Order, the Clerk shall add Non-Party’s undersigned

counsel to an ECF user in the above-captioned action.
Respectfully Submitted,

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Dated: October 19, 2016

COOLEY LLP
PATRICK E. GIBBS
ALLISON S. DAVIDSON

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/s/ Patrick E. Gibbs
PATRICK E. GIBBS (183174)

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Attorneys for Non-Party
TELESOFT CAPITAL, LLC

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COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
GRANTING ADMINISTRATIVE MOTION
3:16-CV-01386-EMC

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Dated: October 19, 2016

SECURITIES AND EXCHANGE COMMISSION

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/s/ John S. Yun
JOHN S. YUN

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Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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Dated: October 19, 2016

GARTENBERG, GELFAND & HAYTON LLP
JOHN W. COTTON

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/s/ John W. Cotton
JOHN W. COTTON

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Attorneys for Receiver

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E-FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5.1(i)(3), the undersigned attests that parties to this

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Stipulation have concurred in the filing of this STIPULATION AND [PROPOSED] ORDER

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GRANTING NON-PARTY TELESOFT CAPITAL, LLC’S ADMINISTRATIVE MOTION TO

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REQUEST NOTICE AND AN OPPORTUNITY TO BE HEARD.

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DATED: October 19, 2016

By: /s/ Patrick E. Gibbs
Patrick E. Gibbs

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COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
GRANTING ADMINISTRATIVE MOTION
3:16-CV-01386-EMC

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PURSUANT TO STIPULATION, IT IS SO ORDER.

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HON. EDWARD CHEN RED
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United States District Judge
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UNIT
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Dated: October __, 2016

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[PROPOSED] ORDER

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COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
GRANTING ADMINISTRATIVE MOTION
3:16-CV-01386-EMC