Free Stipulation and Order - District Court of California - California

Case 3:07-cv-04975-WHA

Document 81

Filed 08/07/2008

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO Case No. C 07-4975 (WHA) STIPULATION AND [PROPOSED] ORDER MODIFYING ORDERS APPOINTING MONITOR RE: TIMING OF ASSET SALES

11 SECURITIES AND EXCHANGE COMMISSION, 12 Plaintiff, 13 vs. 14 ALEXANDER JAMES TRABULSE, 15 Defendant. 16 and 17 FAHEY FUND, L.P., FAHEY FINANCIAL 18 GROUP, INC., INTERNATIONAL TRADE & DATA, and ITD TRADING, 19 Relief Defendants. 20 21

Whereas Plaintiff Securities and Exchange Commission ("Commission") filed a complaint

22 against Defendant Alexander James Trabulse ("Trabulse") and Relief Defendants Fahey Fund, 23 L.P., Fahey Financial Group, Inc., International Trade & Data, and ITD Trading (collectively, the 24 "Relief Defendants"); 25 Whereas the Commission, Trabulse and the Relief Defendants stipulated to certain

26 injunctive relief on October 18, 2007; 27 28
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Whereas the Court adopted as its order, the stipulation of the parties on October 29, 2007;

Allen Matkins Leck Gamble Mallory & Natsis LLP

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STIPULATION AND [PROPOSED] ORDER MODIFYING ORDERS APPOINTING MONITOR

Case 3:07-cv-04975-WHA

Document 81

Filed 08/07/2008

Page 2 of 4

1

Whereas, the Court entered further orders for injunctive and ancillary relief on

2 December 6, 2007 and December 10, 2007; 3 Whereas, the Court issued its Order on December 17, 2007 appointing Michael

4 Grassmueck (the "Monitor") to serve as an independent monitor; 5 Whereas, the Court issued its Order incorporating the prior orders of the Court and

6 implementing certain recommendations of the Monitor on February 13, 2008; 7 Whereas, the final judgment (the "Judgment") as to Defendant Trabulse and Relief

8 Defendants was entered April 7, 2008, which Judgment provided for the liquidation of all assets 9 held in the name of or for the benefit of Relief Defendants and/or held in the name of or for the 10 benefit of investors in the Relief Defendants (the "Liquidated Proceeds"); 11 Whereas, the Judgment provided that the liquidation of assets shall be completed no later

12 than 120 days after entry of the Court's Judgment or as soon thereafter as reasonably practicable; 13 Whereas, Trabulse has successfully liquidated all of the securities' positions generating

14 Liquid Proceeds and Trabulse and the Monitor have cooperated in an attempt to liquidate the 15 balance of the assets in accordance with the Judgment; 16 Whereas, Trabulse has, despite his reasonable efforts, been unable to complete the sales of

17 the balance of the real and personal property within the 120 day time period set forth in the 18 Judgment; 19 Whereas, certain of the personal property, such as rugs and jewelry, will be sold at auctions

20 which are scheduled over the next six months and the real properties will be sold in the ordinary 21 course over the same estimated time period; 22 Therefore, the Commission, Trabulse, the Relief Defendants and the Monitor stipulate and

23 agree to and ask the Court to adopt as its Order, the following: 24 I. 25 ITS IS ORDERED that the liquidation of assets pursuant to the Judgment and prior orders 26 of this Court be completed not later than March 31, 2009 absent further order of the Court. 27 28
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STIPULATION AND [PROPOSED] ORDER MODIFYING ORDERS APPOINTING MONITOR

Case 3:07-cv-04975-WHA

Document 81

Filed 08/07/2008

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II. IT IS FURTHER ORDERED that all prior orders of the Court concerning injunctive and

3 other ancillary relief are incorporated herein by this reference as those set forth in full and remain 4 in full force and effect as those set forth in full herein. 5 6 IT IS SO STIPULATED: SECURITIES AND EXCHANGE COMMISSION By: /s/ Mark P. Fickes Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION

7 Dated: August 6, 2008 8 9 10 11 12 Dated: August 6, 2008 13 14 15 16 17 Dated: August 6, 2008 18 19 20

By: /s/ Michael D. Celio Attorneys for Defendant ALEXANDER JAMES TRABULSE, and Relief Defendants FAHEY FUND, L.P., FAHEY FINANCIAL GROUP, INC., INTERNATIONAL TRADE & DATA, and ITD TRADING

/s/ Michael A. Grassmueck, Monitor

I hereby attest that I have on file all holograph signatures for any signatures indicated by a

21 "conformed" signature (/s/) within this efiled document. 22 Dated: August 7, 2008 23 24 25 26 27 \\\ 28 \\\
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ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: /s/ David R. Zaro Attorneys for Monitor MICHAEL A. GRASSMUECK

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STIPULATION AND [PROPOSED] ORDER MODIFYING ORDERS APPOINTING MONITOR

Case 3:07-cv-04975-WHA

Document 81

Filed 08/07/2008

Page 4 of 4

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The Court, having considered this proposed Stipulation and Order, adopts as its order the
UNIT ED

2 provisions of paragraphs I through II, above. 3 IT IS SO ORDERED:

S

S DISTRICT TE C TA

5 6

ER C William H. Alsup N OF D IS RICT UNITED STATESTDISTRICT COURT JUDGE

7 Prepared by: David R. Zaro, Esq. (SBN 124334) 8 Allen Matkins Leck Gamble Mallory & Natsis LLP th 9 515 S. Figueroa Street, 9 Floor Los Angeles, CA 90071-3398 10 213.622.5555 P | 213.620.8816 F [email protected] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER MODIFYING ORDERS APPOINTING MONITOR

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August 7, 2008. 4 Dated: ____________________________

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