United States of America v. CVP SBIC, L.P.

Filing 29

Order by Chief Magistrate Judge Joseph C. Spero granting 27 Motion for Approval of Form of Notice. The hearing set for February 3, 2017 is vacated. (jcslc2S, COURT STAFF) (Filed on 2/1/2017)

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CHRISTOPHER J. MCCLINTOCK, VA Bar No. 68417
ARLENE M. EMBREY, FL Bar No. 0125539
Trial Attorney
Office of General Counsel
U.S. Small Business Administration
409 Third St., S.W.
Washington, D.C. 20416
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff and Court-Appointed Receiver for CVP SBIC, L.P.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.

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CVP SBIC, L.P.

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Defendant.

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Civil Action No. 3:16-cv-2213-JCS
[PROPOSED] ORDER APPROVING
THE FORM AND MANNER OF
NOTICE TO CLAIMANTS AND
ESTABLISHING A CLAIMS BAR
DATE
Hearing Date: Friday, February 3, 2017
Hearing Time: 9:30 a.m. VACATED

Upon full consideration of the Motion of the U. S. Small Business Administration as

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Receiver (“Receiver”) for CVP SBIC, L.P. (“CVP”) for Entry of an Order Approving the Form

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and Manner of Notice to Claimants and Establishing a Claims Bar Date, and this Court being

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duly advised as to the merits,

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IT IS HEREBY ORDERED THAT:

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1.

The Receiver’s Motion for Entry of an Order Approving the Form and Manner of

Notice to Claimants and Establishing a Claims Bar Date is GRANTED;
2.

Following the entry of this Order, the Receiver is Ordered to send notices,

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[PROPOSED] ORDER APPROVING FORM AND MANNER OF NOTICE TO CLAIMANTS AND
ESTABLISHING A CLAIMS BAR DATE, No. 3:16-cv-2213-JCS

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substantially in the form set forth as Exhibit A hereto, via first-class mail, postage prepaid, to

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those persons or entities, other than the U. S. Small Business Administration (“SBA”), which the

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Receiver has reason to believe are creditors, agents, former directors or officers, employees,

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participant investors or lenders with CVP portfolio concerns or limited partners of CVP, and to

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any other persons or entities who have, during the term of the receivership, asserted a claim (of

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whatever kind or merit) against CVP, the Receivership estate, or assets or funds in the possession

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of the Receiver;

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3.

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The Receiver is further ORDERED to publish notice, substantially in the form set

forth in Exhibit A hereto, once each week for two weeks in the San Francisco Chronicle and the
Mercury News, newspapers of general circulation.
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This Court further ORDERS and finds that notice provided in the form and manner

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described in Paragraphs 2 and 3 of this Order is reasonable notice, under the circumstances, to

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persons or entities who may have claims against CVP, the Receivership Estate, or assets or funds

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in the possession of the Receiver;

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5.

All persons or entities having claims against CVP, the Receivership Estate, or

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assets or funds in the possession of the Receiver, other than the U.S. Small Business

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Administration and parties contracted or retained by the U.S. Small Business Administration as

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Receiver, are ORDERED to file such claims in writing and in the form prescribed in paragraph 6

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of this Order with the receiver, c/o James Adams, Principal Agent for SBA as Receiver of CVP

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SBIC, L.P., 1100 G Street, N.W., 11th Floor, Washington, D.C. 20005, within 30 days of the last

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day of notice by publication, which date will be stated in the mailed and published notices;

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6.

In setting forth a claim against CVP, the Receivership estate, or assets or funds in

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the possession of the Receiver, all persons and entities are ORDERED to state in writing: (1) the

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full name, address and telephone number of the claimant; (2) the amount of the claim, (3) the

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specific grounds for each claim, and (4) the date on which the obligation was allegedly incurred

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by CVP. All such persons or entities are further ORDERED to provide, at the time of filing such

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written claims, (5) any and all documents or other materials which the claimant believes supports

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the claim or might assist the Receiver in evaluating the claim;
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[PROPOSED] ORDER APPROVING FORM AND MANNER OF NOTICE TO CLAIMANTS AND
ESTABLISHING A CLAIMS BAR DATE, No. 3:16-cv-2213-JCS

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7.

In the event that the Receiver recommends denial of any claim(s), it is ORDERED

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that the Receiver is authorized and directed to move for summary disposition of said claim(s)

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and to furnish a copy of the moving papers to the claimant(s); in such case the claimant(s) may

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respond within 30 days, serving a copy of its response on the Receiver, and the Court will

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resolve said claim(s) expeditiously through a summary procedure that the Court will determine at

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that time; and

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8.

To give effect to the claims bar date established in Paragraph 5 of this Order, by

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which date claims must be filed or shall forever be barred, it is further ORDERED that any

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person or entities, other than the U.S. Small Business Administration and parties contracted or

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retained by the U.S. Small Business Administration as Receiver, which fail to file a claim against

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CVP, the Estate, or assets or funds in the possession of the Receiver, in the form and by the time

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and date required by this Order, shall be forever barred and permanently enjoined from asserting,

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pursuing or prosecuting any such claims, of any kind or nature, whether now known or unknown,

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against CVP, its Receiver, their successors or assigns, or against assets or funds in the possession

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of the Receiver.

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9.

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This case is now administratively closed. The Receiver may move to re-open the

case at a later time, if necessary, for further proceedings.

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1st
Feb.
SO ORDERED, this ______ day of ______, 2017.

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Judge Jo

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Hon. Joseph C.SSpero RD
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Chief Magistrate Judge

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[PROPOSED] ORDER APPROVING FORM AND MANNER OF NOTICE TO CLAIMANTS AND
ESTABLISHING A CLAIMS BAR DATE, No. 3:16-cv-2213-JCS

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EXHIBIT A

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NOTICE TO ALL CREDITORS OR CLAIMANTS OF CVP SBIC, L.P.

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By Order of the United States District Court for the Northern District of California, San
Francisco Division, entered Feb. 1
, 2017, all persons or entities who wish to assert a
claim against CVP SBIC, L.P. (“CVP”) must do so by filing a written claim with the Receiver on
or before Day, Month, Date, 2017. All previously submitted claims against CVP or its Receiver
must be resubmitted in accordance with this Notice.

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CVP is a Delaware Limited Partnership, and a Small Business Investment Company (“SBIC”)
licensed by the U.S. Small Business Administration (“SBA”). CVP has been in receivership
since June 27, 2016 by Order of the Court identified above, entered in Civil Action No. 3:16-cv2213-JCS, captioned United States v. CVP SBIC, L.P. SBA is CVP’s court-appointed Receiver.

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Any person or entity asserting a claim against CVP or its assets or funds in the hands of the
Receiver, must do so in writing, and forward such claim to:

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SBA, Receiver for CVP SBIC, L.P.
c/o James Adams, Principal Agent for the Receiver
1100 G Street, N. W., 11th Floor
Washington, D. C. 20005
Attn: Stephanie Sheridan, Administrative Agent for the Receiver
[phone]
Claims must be received no later than 5:00 p.m. E.S.T., Day, Month, Date, 2017.
Your claim must state: (1) the full name, address, e-mail address, and telephone number of the
claimant; (2) the amount of the claim; (3) the specific grounds for each claim; (4) the date on
which the obligation was allegedly incurred by CVP or the Receiver; and (5) you must attach all
other documents or materials which support the claim, or which the Receiver might require in
evaluating the claim. If you fail to provide any of the specific information, your claim will be
deemed incomplete and untimely.
Failure to present a complete and timely claim to the Receiver on or before Day, Month, Date,
2017, will result in your claim being forever barred, and you will not thereafter be able to make a
claim against CVP, or any other assets or funds in the possession of the Receiver.

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U. S. SMALL BUSINESS ADMINISTRATION
As Receiver for CVP SBIC, L.P.

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[PROPOSED] ORDER APPROVING FORM AND MANNER OF NOTICE TO CLAIMANTS AND
ESTABLISHING A CLAIMS BAR DATE, No. 3:16-cv-2213-JCS