Securities and Exchange Commission v. Bivona et al

Filing 283

MODIFIED ORDER by Judge Edward M. Chen GRANTING 282 Administrative Motion re: Appointment of Claims Administrator. (emclc1, COURT STAFF) (Filed on 12/7/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 10 SECURITIES AND EXCHANGE COMMISSION, Plaintif( v. JOHN B. BIVONA; SADDLE RIVER ADVISERS, L.LC; SRA MANAGEMENT ASSOCIATES, LLC; FRANK GREGORY MAZZOLA Defendants. 11 Case No. 3:16-cv-1386 ~ROPOSI58lfORDER RANTING HE RECEIVER'S ADMINISTRATIVE APPLICATION PURSUANT TO L.R. 7-11 FOR THE RETENTION OF A CLAIMS ADMINISTRATOR Date: N/A Time: N/A Judge: Edward M. Chen 12 13 The Receiver in the above matter, Sherwood Partners, Inc. 14 CSherwood"), requests that this Court approve its Application pursuant 15 to L.R. 7-11 for the retention of JND Corporate as Claims Administrator 16 on the terms set forth in Exhibit A to the accompanying Declaration of 17 Hartheimer. 18 The Receiver makes this application on the basis that a claims 19 administrator, like JND, will more efficiently and economically conduct 20 the process of accepting and administering a claims notice process, and 21 the resulting responses in the form of claim applications. The Receiver 22 has observed the work of JND in other, similar matters and bases its 23 recommendations, in part, on that experience all as more specifically set 24 forth in the declaration of Sherwood's principal in this matter, Peter 25 Hartheimer, which accompanies the Application. 26 27 28 [PRQPQCiii') ORDER GRANTING APPLICATION FOR RETENTION OF CLAIMS ADMINISTRATOR Case 3:16-cv-01386-EMC Document 282-2 Filed 12/07117 Page 2 of 2 1 The Receiver also represents that the affected parties to this 2 matter have been involved in the selection of JND and no affected party 3 opposes its retention on the terms set forth in Exhibit A attached to the 4 Declaration of Hartheimer. 5 GOOD CAUSE APPEARING, the Court hereby authorizes the 6 Receiver to retain the firm of JND on the terms set forth in Exhibit A to 7 the Declaration of Hartheimer. T he Receiver shall seek the Court's approval before approving additional work 8 9 10 by the administrator if the total expenses have exceeded $15,000. IT IS SO ORDERED. DATED: December !_, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 ~PiiliPililiili'] ORDER GRANTING APPLICATION FOR RETENTION OF CLAIMS ADMIN ISTRATOR

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