Free Stipulation and Order - District Court of California - California

Case 3:07-cv-04975-WHA

Document 80

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

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" or "Defendant") and Relief Defendants 23 Fahey Fund, L.P., Fahey Financial Group, Inc., International Trade & Data, and ITD Trading 24 (collectively, the "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 80

Filed 08/07/2008

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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 Grassmueck

4 (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 Alexander James Trabulse

8 and Relief Defendants was entered April 4, 2008; and 9 Whereas the parties, in implementing the foregoing orders of this Court, have determined

10 that certain terms of prior orders appointing the Monitor and approving the Monitor's 11 recommendations require some modification in order to further the best interests of the parties and 12 investors. 13 Therefore, the Commission, Trabulse, the Relief Defendants and the Monitor stipulate and

14 agree to, and ask the Court to adopt as its order, the following: 15 16 I. IT IS ORDERED that the Monitor shall establish an interest-bearing account (the

17 "Account") at the Bank of America for the purpose of receiving and holding the Liquidated 18 Proceeds (as defined in the Judgment) received from the sale of all assets in the name of or for the 19 benefit of Relief Defendants, and/or held in the name of or for the benefit of investors in the Relief 20 Defendants. 21 22 II. IT IS FURTHER ORDERED that the Liquidated Proceeds shall be turned over to the

23 Monitor and deposited in the Account, subject to further orders of this Court. 24 25 III. IT IS FURTHER ORDERED that the Monitor is authorized to use funds in the Account

26 solely for the purpose of paying ordinary monthly expenses associated with the maintenance and 27 preservation of assets which are to be sold in accordance with the orders of this Court. In no case 28 may the Monitor expend more than $20,000 per month for such expenses without further order of
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STIPULATION AND [PROPOSED] ORDER MODIFYING ORDERS APPOINTING MONITOR

Case 3:07-cv-04975-WHA

Document 80

Filed 08/07/2008

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1 the Court. The Monitor shall provide a monthly report to Trabulse and the Commission reflecting 2 the payments from the Accounts. 3 4 IV. IT IS FURTHER ORDERED that all prior orders of the Court concerning injunctive or

5 other ancillary relief are incorporated herein by this reference as though set forth in full and 6 remain in full force and effect as though set forth in full herein. 7 IT IS SO STIPULATED: /s/ Mark P. Fickes Erin E. Schneider Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION

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

/s/ Michael D. Celio Clement S. Roberts 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

Allen Matkins Leck Gamble Mallory & Natsis LLP

799597.04/LA

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Case 3:07-cv-04975-WHA

Document 80

Filed 08/07/2008

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DIST IC The Court, having considered this proposed StipulationESand ROrder, adopts as its order the TC T

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

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August 7, 2008. 4 Dated: __________________________ 5 6

D IS T William H. Alsup RICT O UNITED STATES DISTRICT COURT JUDGE

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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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Allen Matkins Leck Gamble Mallory & Natsis LLP

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