USA, et al v. Alisal Water Corp, et al

Filing 885

ORDER BY JUDGE JEREMY FOGEL GRANTING 881 EX PARTE APPLICATION. (jflc2, COURT STAFF) (Filed on 4/23/2009)

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Michael A. Isaacs, CSBN 99782 Diana L. Donabedian, CSBN 191384 LUCE, FORWARD, HAMILTON & SCRIPPS, LLP 121 Spear Street, Suite 200 San Francisco, CA 94105 Telephone: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for JOHN W. RICHARDSON, Receiver

**E-Filed 4/23/09**

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, Plaintiff, v. ALISAL WATER CORPORATION, et al., Defendants. Case No. C97-20099 JF(EAI) ORDER GRANTING EX PARTE APPLICATION FOR ORDER MODIFYING MARCH 27, 2009 ORDER (1) GRANTING THE RECEIVER'S APPLICATION FOR AUTHORITY TO RETAIN CERTAIN FUNDS TO PAY MONTHLY OPERATION AND MAINTENANCE EXPENSES, INSURANCE AND WELL REMOVAL COSTS FOR THE SAN JERARDO WATER SYSTEM; (2) DIRECTING PAYMENT OF THE RECEIVER'S STATUS REPORTS FOR THE PERIOD 11/1/07 ­ 4/30/08 AND 11/1/06-10/31/07; AND (3) DENYING AS MOOT THE RECEIVER'S EX PARTE APPLICATION FOR AN ADDITIONAL $5,000 TO PAY OPERATING AND MAINTENANCE EXPENSES FOR THE SAN JERARDO WATER SYSTEM

Based upon the Receiver's Ex Parte Application for Order Modifying March 27, 2009 Order (1) Granting The Receiver's Application for Authority to Retain Certain Funds to Pay Monthly Operation and Maintenance Expenses, Insurance, and Well Removal Costs for the San Jerardo Water System; (2) Directing Payment of the Receiver's Expenses and Costs Itemized in the Receiver's Status Reports for the Periods 11/1/06 ­ 10/31/08; and (3) Denying as Moot the

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Receiver's Ex Parte Application for an Additional $5,000 to Pay Operating and Maintenance Expenses for the San Jerardo Water System, ("Ex Parte Application") of Receiver John W. Richardson, and good cause appearing therefor, it is ORDERED as follows: 1. 2. The Receiver's Ex Parte Application is approved. The Order (1) Granting The Receiver's Application for Authority to Retain Certain

Funds to Pay Monthly Operation and Maintenance Expenses, Insurance, and Well Removal Costs for the San Jerardo Water System; (2) Directing Payment of the Receiver's Expenses and Costs Itemized in the Receiver's Status Reports for the Periods 11/1/06 ­ 10/31/08; and (3) Denying as Moot the Receiver's Ex Parte Application for an Additional $5,000 to Pay Operating and Maintenance Expenses for the San Jerardo Water System entered by the Court on March 27, 2009 is amended as follows: a. Page 4, lines 14-15 is revised to state: " . . . the Court has authorized the

Receiver to retain a total of $13,000 from the original $151,000 to cover basic operational expenses. That leaves approximately $138,000 in remaining sale proceeds." b. Page 8, lines 24-26 is revised to state: ". . . Accordingly, the Court will

grant the Receiver's motion for leave to retain $100,000 of the remaining $138,000, those monies to be used for operational and maintenance expenses, and will direct the Receiver to disburse $38,000 to Defendants. c. Page 9, lines 16-17 is revised to state: "The Receiver's motion for leave to

retain $100,000 from the remaining sale proceeds is GRANTED as set forth above. The Receiver shall remit to Defendants the remaining $38,000 in sale proceeds within thirty days of the date of this Order;" DATED: 4/23/09 UNITED STATES DISTRICT COURT JUDGE

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