UNITED STATES OF AMERICA v. Novus Ventures II, L.P.

Filing 36

Order by Hon. Lucy H. Koh granting 33 Stipulation Allowing Special and Limited Appearance and Supplemental Briefing.(lhklc3S, COURT STAFF) (Filed on 7/3/2012)

Case5:12-cv-00523-LHK Document33-1 Filed06/19/12 Page1 of 2

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SEDGWICK LLP
LILLIAN STENFELDT BAR NO. 104929
ALISON K. BEANUM BAR NO. 221968
One Embarcadero Center, 16th Floor
San Francisco, California 94111-3628
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for JOHN SKEEN, PAUL KLEIN, DAVID LUNDQUIST,
and DAN TOMPKINS, in their individual capacities as Limited Partners
of Novus Ventures II, L.P.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
II
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UNITED STATES OF AMERICA,

Civil No: CV 12-cv-00523 LHK

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Plaintiff,
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V.

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NOVUS VENTURES II, L.P.,

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Defendant(s).
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[PROPOSED] ORDER ALLOWING
SPECIAL AND LIMITED APPEARANCE
BY COUNSEL OF RECORD FOR JOHN
SKEEN, PAUL KLEIN, DAVID
LUNDQUIST, AND DAN TOMPKINS, AND
ALTERING BRIEFING SCHEDULE ON
PLAINTIFF'S MOTION FOR
INJUNCTIVE RELIEF AND
APPOINTMENT OF SBA AS RECEIVER

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[Filed Concurrently With Stipulation]
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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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Having considered the Stipulation of the Parties filed concurrently herewith:

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1.

Independent counsel of record for the following four of Novus's 95 limited

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partners in their individual capacities, John Skeen, Paul Klein, David Lundquist, and Dan

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Tompkins ("Limited Partners"), shall be permitted to enter a limited and special appearance in
LA/1294238v1

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[PROPOSED] ORDER ALLOWING SPECIAL AND LIMITED APPEARANCE BY
COUNSEL OF RECORD FOR NOVUS' LIMITED PARTNERS

Case5:12-cv-00523-LHK Document33-1 Filed06/19/12 Page2 of 2

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this action in order to (1) file a Limited Appearance on behalf of Novus, as well as Supplemental

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Declarations of the Limited Partners, attached to a Supplemental Brief in support Novus's

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Opposition to Plaintiff's Motion for Injunctive Relief and Appointment of SBA as Receiver

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Under 15 U.S.C. § 687c, which will be limited to the scope of the Supplemental Declarations and

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the Opposition; (2) participate in oral argument, to the extent the Court entertains any such

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argument, at the hearing on Plaintiffs Motion; and (3) participate in any appeal of the Court's

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decision on the Motion; and

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2.

The Limited Appearance, Supplemental Brief, and Supplemental Declarations in

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support of Novus' Opposition to Plaintiffs Motion shall be filed on or before July 5, 2012.

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Plaintiff reserves its right to file a Supplemental Reply to the Limited Appearance, Supplemental

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Brief, and Supplemental Declarations on or before July 16, 2012. The hearing on Plaintiffs

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Motion will remain unchanged from its present date and time - July 26, 2012 at 1:30 p.m.

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PURSUANT TO STIPULATION OF
The Supplemental Brief in support of Novus' THE PARTIES, IT IS SO ORDERED.not exceed 7
Opposition to Plaintiff's Motion shall

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pages. Plaintiff's Supplemental Reply shall not exceed 5 pages.
DATED this

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day of

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.
Dated: July 3, 2012.

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Hon. Judge Lucy H. Koh
UNITED STATES DISTRICT COURT JUDGE
Hon. Lucy H. Koh

United States District Court Judge

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LA/1294238v1

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[PROPOSED] ORDER ALLOWING SPECIAL AND LIMITED APPEARANCE BY
COUNSEL OF RECORD FOR NOVUS' LIMITED PARTNERS