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

Filing 959

ORDER EXTENDING RECEIVERSHIP THROUGH MAY 31, 2011 WITH RESPECT TO ALCO AND SAN JERARDO; AND THEREAFTER EXTENDING RECEIVERSHIP THROUGH SEPTEMBER 30, 2011 WITH RESPECT TO SAN JERARDO ONLY (terminating 949 ). Signed by Judge Jeremy Fogel on 4/29/2011. (jflc2, COURT STAFF) (Filed on 4/29/2011)

1

**E-Filed 4/29/2011**

2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12

UNITED STATES OF AMERICA,

13

Plaintiff,
v.

14
15

ALISAL WATER CORPORATION, et al.,
Defendants.

16

Case Number 5:97-cv-20099-JF
ORDER EXTENDING
RECEIVERSHIP THROUGH MAY 31,
2011 WITH RESPECT TO ALCO
AND SAN JERARDO; AND
THEREAFTER EXTENDING THE
RECEIVERSHIP THROUGH
SEPTEMBER 30, 2011 WITH
RESPECT TO SAN JERARDO ONLY

17
[re: dkt entry 949 ]

18
19
20
21
22

The County of Monterey, a non-party to this action, seeks an extension of the receivership

23

through September 30, 2011. On March 30, 2011, the Court extended the receivership for one

24

month and requested briefing as to the need for a longer extension. Having reviewed the

25

submissions of the County, the United States, the Receiver, and Alco, the Court concludes as

26

follows:

27

It appears that continuing the receivership with respect to San Jerardo may facilitate the

28

acquisition of grant funds and may streamline the final transfer of San Jerardo to the County, to
Case No. 5:97-cv-20099-JF
ORDER EXTENDING RECEIVERSHIP THROUGH MAY 31, 2011 ETC.
(JFLC2)

1

the extent that such transfer has not occurred already.1 However, the Court does not perceive the

2

need to extend the receivership with respect to Alco for any significant length of time.

3

Accordingly, the Court will extend the receivership through May 31, 2011 with respect to both

4

Alco and San Jerardo, and thereafter will extend the receivership through September 30, 2011

5

with respect to San Jerardo only. It is the Court’s understanding that because the County

6

effectively has taken over operation of the San Jerardo system, Alco no longer is responsible for

7

payment of receivership expenses. However, if the Receiver claims that Alco is obligated to pay

8

any expenses incurred to date, the Receiver shall submit a request for payment on or before May

9

13, 2011.

10
11

ORDER
(1)

12
13

Alco and San Jerardo;
(2)

14
15

The receivership is HEREBY EXTENDED through May 31, 2011 with respect to

Thereafter, the receivership is HEREBY EXTENDED through September 30,
2011 with respect to San Jerardo only;

(3)

If the Receiver claims that Alco is responsible for any unpaid receivership

16

expenses to date, the Receiver shall submit a request for payment on or before

17

May 13, 2011.

18
19
20

DATED: 4/29/2011

_________________________________
JEREMY FOGEL
United States District Judge

21
22
23
24
25
26
27
28

1

Alco asserts that the County effectively has taken over and is operating the San Jerardo
system, and that no further “transfer” is necessary.
2
Case No. 5:97-cv-20099-JF
ORDER EXTENDING RECEIVERSHIP THROUGH MAY 31, 2011 ETC.
(JFLC2)