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)

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Case5:12-cv-00523-LHK Document33-1 Filed06/19/12 Page1 of 2 I 2 3 4 5 6 7 SEDGWICK LLP LILLIAN STENFELDT BAR NO. 104929 ALISON K. BEANUM BAR NO. 221968 One Embarcadero Center, 16th Floor San Francisco, California 94111-3628 Telephone: (415) 781-7900 Facsimile: (415) 781-2635 Email: lillian.stenfeldt@sedgwicklaw.com alison.beanum@sedgwicklaw.com Attorneys for JOHN SKEEN, PAUL KLEIN, DAVID LUNDQUIST, and DAN TOMPKINS, in their individual capacities as Limited Partners of Novus Ventures II, L.P. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION II 12 UNITED STATES OF AMERICA, Civil No: CV 12-cv-00523 LHK 13 Plaintiff, 14 V. 15 NOVUS VENTURES II, L.P., 16 Defendant(s). 17 [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 18 [Filed Concurrently With Stipulation] 19 20 21 22 23 24 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 25 Having considered the Stipulation of the Parties filed concurrently herewith: 26 1. Independent counsel of record for the following four of Novus's 95 limited 27 partners in their individual capacities, John Skeen, Paul Klein, David Lundquist, and Dan 28 Tompkins ("Limited Partners"), shall be permitted to enter a limited and special appearance in LA/1294238v1 -I- [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 1 this action in order to (1) file a Limited Appearance on behalf of Novus, as well as Supplemental 2 Declarations of the Limited Partners, attached to a Supplemental Brief in support Novus's 3 Opposition to Plaintiff's Motion for Injunctive Relief and Appointment of SBA as Receiver 4 Under 15 U.S.C. ยง 687c, which will be limited to the scope of the Supplemental Declarations and 5 the Opposition; (2) participate in oral argument, to the extent the Court entertains any such 6 argument, at the hearing on Plaintiffs Motion; and (3) participate in any appeal of the Court's 7 decision on the Motion; and 8 2. The Limited Appearance, Supplemental Brief, and Supplemental Declarations in 9 support of Novus' Opposition to Plaintiffs Motion shall be filed on or before July 5, 2012. 10 Plaintiff reserves its right to file a Supplemental Reply to the Limited Appearance, Supplemental 11 Brief, and Supplemental Declarations on or before July 16, 2012. The hearing on Plaintiffs 12 Motion will remain unchanged from its present date and time - July 26, 2012 at 1:30 p.m. 13 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 14 pages. Plaintiff's Supplemental Reply shall not exceed 5 pages. DATED this 15 16 17 day of 52012 PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED. Dated: July 3, 2012. 18 Hon. Judge Lucy H. Koh UNITED STATES DISTRICT COURT JUDGE Hon. Lucy H. Koh United States District Court Judge 19 20 21 22 23 24 25 26 27 28 LA/1294238v1 -2- [PROPOSED] ORDER ALLOWING SPECIAL AND LIMITED APPEARANCE BY COUNSEL OF RECORD FOR NOVUS' LIMITED PARTNERS

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