United States of America v. Pacific Mezzanine Fund LP

Filing 40

ORDER by Judge Claudia Wilken Granting 39 Motion for Entry of an Order Approving and Confirming the Receiver's Final Report and Discharging the Receiver. (ndr, COURT STAFF) (Filed on 8/25/2014)

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SCHNADER HARRISON SEGAL & LEWIS LLP
650 CALIFORNIA STREET, 19TH FLOOR
SAN FRANCISCO, CA 94108-2736
TELEPHONE: [phone]

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Gregory C. Nuti (Bar No. 151754)
[e-mail]
T. Scott Tate (Bar No. 118427)
[e-mail]
Melissa S. Lor (Bar No. 245515)
[e-mail]
Schnader Harrison Segal & Lewis LLP
650 California Street, 19th Floor
San Francisco, CA 94108-2736
Telephone: [phone]
Facsimile: 415-364-6785
Arlene M. Embrey
Trial Attorney, Office of General Counsel
U.S. Small Business Administration
409 3rd Street, S.W., Suite 7200
Washington, D.C. 20416
Telephone [phone]
Facsimile (202) 481- 0324
Attorneys for United States Small Business Administration
as Receiver for Pacific Mezzanine Fund, L.P.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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19 UNITED STATES OF AMERICA,

Case No. 10-CV-04664-CW

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ORDER GRANTING MOTION FOR
ENTRY OF AN ORDER APPROVING
AND CONFIRMING THE RECEIVER’S
FINAL REPORT AND DISCHARGING
THE RECEIVER

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Plaintiff,
vs.
PACIFIC MEZZANINE FUND, L.P.

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Defendant.
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Date:
Time:
Location:

Judge:

September 4, 2014
2:00 p.m.
Courtroom 2, 4th Floor
1301 Clay Street
Oakland, CA 94612
Hon. Claudia Wilken

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PHDATA 3316582_1

ORDER GRANTING MOTION TO APPROVE FINAL RECEIVER’S REPORT & DISCHARGE RECEIVER

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This matter comes before the Court on the motion of the U.S. Small Business

2 Administration (“SBA”) as Receiver (“Receiver”) for Pacific Mezzanine Fund, L.P. (“PMF”) for
3 entry of an order approving and confirming the Receiver's Final Report and discharging the
4 Receiver, and this Court being 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 and Confirming the

7 Receiver's Final Report and Discharging the Receiver is GRANTED;
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2.

This Court APPROVES AND CONFIRMS the Receiver's Final Report for the

9 December 1, 2012 through July 21, 2014, and the actions and the activities of the Receiver as
10 reported therein;

SCHNADER HARRISON SEGAL & LEWIS LLP
650 CALIFORNIA STREET, 19TH FLOOR
SAN FRANCISCO, CA 94108-2736
TELEPHONE: [phone]

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3.

Pacific Mezzanine Fund, L.P. has been dissolved;

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4.

A copy of this Order shall be served upon the former general partner and the

13 limited partners of PMF upon notification of entry of this Order;
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5.

A copy of this Order, including notice of the dissolution of the PMF partnership,

15 shall be served upon the respective federal, state and local tax offices, the Delaware Secretary of
16 State and upon the registered agents for service of process;
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The stay and injunction imposed by paragraphs 7 and 8 of the November 15, 2010

18 Receivership Order is lifted;
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All claims against, and obligations of, (a) PMF, (b) the PMF receivership estate,

20 (c ) the PMF Receiver and its current and former agents and attorneys are discharged; and
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8.

SBA is discharged as Receiver, and the SBA, its employees, officers, agents,

22 contractors, attorneys, and any other person who acted on behalf of the Receiver, are discharged
23 and released from any and all claims, obligations and liabilities arising from or relating to the
24 activities, conduct or management and operation of PMF, the PMF receivership and the PMF
25 receivership estate.
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8/25/2014
27 Dated: _____________
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HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
PHDATA 3316582_1

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NOTICE OF MOTION AND MOTION FOR ORDER APPROVING AND CONFIRMING THE RECEIVER’S
FINAL REPORT AND DISCHARGING RECEIVER