Securities and Exchange Commission v. Bivona et al

Filing 191

STIPULATION AND ORDER re 186 Stipulation for Order Setting Briefing and Hearing Schedule for Receiver's Motion to Approve Distribution Plan filed by Securities and Exchange Commission. Motion Hearing set for 8/31/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 6/6/17. (bpfS, COURT STAFF) (Filed on 6/6/2017)

1 JINA L. CHOI (N.Y. Bar No. 2699718)
JOHN S. YUN (Cal. Bar No. 112260)
2 [e-mail]
MARC D. KATZ (Cal. Bar No. 189534)
3 [e-mail]
JESSICA W. CHAN (Cal. Bar No. 247669)
4 [e-mail]
5 Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
6 44 Montgomery Street, Suite 2800
San Francisco, CA 94104
7 Telephone: [phone]
Facsimile: [phone]
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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 COMMISSION, Case No. 3:16-cv-01386-EMC (JCS)

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Plaintiff,
v.

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STIPULATION FOR ORDER SETTING
BRIEFING AND HEARING SCHEDULE
FOR RECEIVER’S MOTION TO
APPROVE DISTRIBUTION PLAN

JOHN V. BIVONA; SADDLE RIVER
18 ADVISORS, LLC; SRA MANAGEMENT
ASSOCIATES, LLC; FRANK GREGORY
19 MAZZOLA,
Defendants, and

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21 SRA I LLC; SRA II LLC; SRA III LLC;
FELIX INVESTMENTS, LLC; MICHELE
22 J. MAZZOLA; ANNE BIVONA; CLEAR
SAILING GROUP IV LLC; CLEAR
23 SAILING GROUP V LLC,
Relief Defendants.

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Stip. Briefing & Hearing Schedule
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Civ. 3:16-cv-01386-EMC

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STIPULATED SCHEDULE FOR MOTION TO APPROVE DISTRIBUTION PLAN
Counsel for plaintiff Securities and Exchange Commission (“Commission”), for defendants

3 John V. Bivona and Saddle River Advisors, LLC (“Saddle River”) and for the Receiver for the
4 receivership entities defendant SRA Management, LLC and relief defendants SRA I LLC, SRA II
5 LLC, SRA III LLC, Clear Sailing Group IV LLC and Clear Sailing Group V LLC, as well as third
6 party affiliated entities Felix Multi-Opportunity Fund I LLC, Felix Multi-Opportunity Fund II LLC,
7 Felix Management Associates LLC, NYPA Fund I LLC, NYPA Fund II LLC and NYPA
8 Management Associates LLC, along with in pro per defendant Frank Gregory Mazzola and in pro per
9 relief defendant Michele J. Mazzola hereby submit this Stipulation for the briefing and hearing
10 schedule on the Receiver’s anticipated Motion for Approval of a Distribution Plan:
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The Receiver’s Motion for Approval of a Distribution Plan shall be filed and served by

12 Thursday, June 29, 2017. A copy of the Receiver’s Distribution Plan and motion papers, along with a
13 copy of this Stipulation and Order, shall be promptly posted on the Receiver’s website for this case.
14 The Commission’s joinder papers, if any, for the Receiver’s Motion shall also be filed and served by
15 June 29, 2017 and then promptly posted on the Receiver’s website.
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All opposition papers, objections and proposed amendments to the Receiver’s Motion shall be

17 filed and served by Thursday, July 27, 2017. Such opposition papers, objections and proposed
18 amendments may be filed by any party to this case, as well as by investors or creditors who believe
19 that they will be affected by the Distribution Plan. Investors and creditors may also file statements in
20 support of the Distribution Plan by July 27, 2017. All opposition papers, objections, proposed
21 amendments and statements in support shall be served upon the Commission and the Receiver’s
22 counsel through email on July 27, 2017 or through hard copy delivery on July 28, 2017.
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All reply papers and all proposed amendments by the Receiver or the Commission shall be

24 filed and served by Thursday, August 17, 2017. The Receiver and the Commission shall serve copies
25 of their papers upon all investors or creditors who submitted an opposition, objection or proposed
26 amendment. Email service is authorized if the investor or creditor provided an email address.
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Stip. Hearing & Briefing Schedule
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Civ. 3:16-cv-01386-EMC

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The hearing on the Receiver’s Motion for Approval of a Distribution Plan shall be heard by

2 this Court on Thursday, August 31, 2017.
3 Dated: May 31, 2017
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John S. Yun
John S. Yun
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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Jahan P. Raissi (by email authorization)
Jahan P. Raissi
SHARTSIS FRIESE LLP
Attorneys for Defendants JOHN V. BIVONA and SADDLE
RIVER ADVISORS, LLC and Relief Defendant ANNE
BIVONA

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John W. Cotton (by email authorization)
John W. Cotton
GARTENBERG, GELFAND & HAYTON LLP
Attorney for the Receiver
SHERWOOD PARTNERS, INC. for Receivership Entities
SRA MANAGEMENT, LLC, SRA I LLC,
SRA II LLC, SRA III LLC, CLEAR SAILING GROUP IV
LLC, CLEAR SAILING GROUP V LLC, FELIX
MANAGEMENT ASSOCIATES LLC, FELIX MULTIOPPORTUNITY FUND I LLC, FELIX MULTIOPPORTUNITY FUND II LLC, NYPA MANAGEMENT
ASSOCIATES LLC, NYPA FUND I LLC, and NYPA FUND
II LLC

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Frank G. Mazzola (by email authorization)
Defendants FRANK G. MAZZOLA, in pro per

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Michele J. Mazzola (by email authorization)
Relief Defendant MICHELE J. MAZZOLA, in pro per

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ORDER SETTING SCHEDULE ON MOTION FOR DISTRIBUTION ORDER
The Court hereby accepts the proposed briefing and hearing schedule for the Receiver’s
1:30p
Motion for Approval of Distribution Plan. The hearing shall be at _____m., on Thursday, August 31,

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Civ. 3:16-cv-01386-EMC

1 2017. Any party desiring to appear by telephone shall make a written request to the Court by August
2 28, 2017.

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D
RDERE
S SO O IED
IT I
DIF
______________________________
AS MO

R NIA

June 6
4 Dated: ________________, 2017

UNIT
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SO ORDERED.

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JUDGE EDWARD M. CHEN
United States District Court hen
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Civ. 3:16-cv-01386-EMC