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

Filing 49

ORDER Administratively Closing Case. Signed by Judge Lucy H. Koh on 11/6/2012. (lhklc3, COURT STAFF) (Filed on 11/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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UNITED STATES OF AMERICA,
Plaintiff,
v.
NOVUS VENTURES II, L.P.,
Defendant.

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Case No.: 12-CV-00523-LHK
ORDER ADMINISTRATIVELY
CLOSING CASE

On February 1, 2011, the United States filed a Complaint for Receivership and Injunction

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on behalf of its agency, the U.S. Small Business Administration (“SBA”), against Defendant

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Novus Ventures II, L.P. (“Novus”), a Delaware limited partnership that maintains its place of

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business and principal office in Cupertino, California. See ECF No. 1. On August 8, 2012, the

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Court granted SBA’s Motion for Injunctive Relief and Appointment of SBA as receiver Under 15

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U.S.C. § 687c. See ECF No. 44 (incorporating by reference SBA’s Receivership Order filed as

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ECF No. 18-12). Pursuant to this Receivership Order, the Court took exclusive jurisdiction of

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Novus and all of its assets and property, and appointed SBA Receiver of Novus to serve without

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bond until further order of this Court. Id. Consequently, SBA contends that this action is no

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longer contested and that it is possible for this matter to be administratively closed with the

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Receivership Order in place. See ECF No. 47. Cooley LLP, formerly the attorneys for Defendant,

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notified the Court that it believes that it has been dismissed from this case by this Court’s August 8,

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2012 Order. See ECF No. 48.
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Case No.: 12-CV-00523-LHK
ORDER ADMINISTRATIVELY CLOSING CASE

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In light of this Court’s August 8, 2012 Order and the parties’ subsequent filings, the Court

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finds it appropriate to administratively close this case with the Receivership Order in place and

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with the Receiver fulfilling its obligations pursuant to the Order. Accordingly, the case

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management conference scheduled for November 7, 2012, is hereby VACATED. The Clerk is

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directed to ADMINISTRATIVELY CLOSE the file. Any party may move to reopen the action if

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good cause appears.

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IT IS SO ORDERED.

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Dated: November 6, 2012

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 12-CV-00523-LHK
ORDER ADMINISTRATIVELY CLOSING CASE