Free Terminate Deadlines - District Court of California - California

Case 3:07-cv-04747-SI

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Filed 12/11/2007

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1 MINNIE LOO, Assistant U.S. Trustee (SBN 106613) 2 MARGARET H. MCGEE (SBN 142722) 3 MATTHEW R. KRETZER (SBN 157949) 4 LAURENT CHEN (SBN 191661) 5 U.S. DEPARTMENT OF JUSTICE Office of the United States Trustee 6 1301 Clay Street, Suite 690N Oakland, California 94612-5231 7 Telephone: (510) 637-3200 8 Attorneys for Acting United States Trustee SARA L. KISTLER 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

12 SECURITIES AND EXCHANGE COMMISSION, ) Case No. C 06-06966 SI Plaintiff, ) Related Case Nos.: 13 v. ) C 07-03995 SI; C 07-03996 SI; ) C 06-03997 SI 14 VIPER CAPITAL MANAGEMENT, LLC, ) COMPASS FUND MANAGEMENT, LLC, and ) 15 EDWARD SEWON EHEE, ) Defendants, ) 16 and ) ) 17 COMPASS WEST FUND, LP, ) Date: 30 November 2007 VIPER FOUNDERS FUND, LP, ) Time: 2:30 p.m. 18 VIPER INVESTMENTS, LP., ) Courtroom: 10 ALBERT EHEE, ) 19 ROBERT EHEE, and ) JENNIFER EHEE, ) 20 Relief Defendants. ) ) 21 ) Case No. C 07-03996 SI In re ) (formerly Bankr. Case No. 07-40126 T) 22 ) related to: EDWARD SEWON EHEE, ) SEC's motion to withdraw reference 23 Debtor. ) Case No. C 07-02508 SI ) 24 ) Case No. C 07-03995 SI In re ) (formerly Bankr. Case No. 07-0129 T) 25 ) related to: COMPASS FUND MANAGEMENT, LLC, ) SEC's motion to withdraw reference 26 Debtor. ) Case No. C 07-02507 SI ) 27 ) Case No. C 07-03997 SI In re ) (formerly Bankr. Case No. 07-0130 T) 28 ) related to: COMPASS WEST FUND L.P., ) SEC's motion to withdraw reference Debtor. ) Case No. C 07-02509 SI )

Stipulated Adm inistrative Order: 06-06966 and related cases

Case 3:07-cv-04747-SI

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1 AAG ROOSEVELT FUND, L.P., Plaintiff, 2 v. 3 4 5 6 7 8 9 10 11 12 13 14 15 16

) ) ) ) EDWARD SEWON EHEE, ) COMPASS FUND MANAGEMENT, LLC, ) COMPASS WEST FUND, LP, ) VIPER CAPITAL MANAGEMENT, LLC, ) VIPER FOUNDERS FUND, LP, ) ROBERT EHEE, ) ALBERT EHEE, ) JENNIFER EHEE, ) Defendants. ) ) KEVIN BRADFORD AND RICHARD GARMAN,) Plaintiffs, ) v. ) ) EDWARD SEWON EHEE, ) VIPER CAPITAL MANAGEMENT, LLC, ) COMPASS FUND MANAGEMENT, LLC, ) ROBERT EHEE, ) ALBERT EHEE, ) JENNIFER EHEE, ) Defendants. ) )

Case No. C 06-07270 SI (related to Case No. C 06-06996 SI by order entered 9 Jan 2007 Notice of stay as to DebtorDefendants filed 9 Feb 2007)

Case No. C 07-04747 SI (formerly SF Superior Court Case No. CGC-07-462966) Notice of Removal filed 14 Sep 2007 (related to Case No. C 06-06996 SI and C 07-03996 SI by order entered 12 Oct 2007)

STIPULATED ADMINISTRATIVE ORDER Whereas, the following three bankruptcy cases under title 11 of the United States Code

17 are pending before this court: 18 Case No. C 07-03996 SI - Bankruptcy Case of In re Edward Sewon Ehee; 19 Case No. C 07-03995 SI - Bankruptcy Case of In re Compass Fund Management, LLC; and 20 Case No. C 07-03997 SI - Bankruptcy Case of In re Compass West Fund LP; and 21 22 23 24 25 Roosevelt Fund, LP 26 27 28 Sara L. Kistler Petitioning Creditor Acting U.S. Trustee Whereas, the status of the three bankruptcy cases are as follows: Case No. C 07-03996 SI - Bankruptcy Case of In re Edward Sewon Ehee Name Edward Sewon Ehee Party Debtor James Wood Christopher Desiderio AUST Minnie Loo Richard Pedone Laurent Chen Paul Byrne James Monroe Counsel

Stipulated Adm inistrative Order: 06-06966 and related cases

Case 3:07-cv-04747-SI

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1

Pursuant to court order, documents related to this case have been filed in and under the

2 related case of SEC v. Viper Capital Management, LLC et al C 06-06966 SI. 3 A trial on the contested involuntary petition in this bankruptcy case is set for 4 February

4 2008 (with a pretrial conference set for 22 January 2008). 5 6 7 8 9 10 11 Pursuant to court order, documents related to this case have been filed in and under the Case No. C 07-03995 SI - Bankruptcy Case of In re Compass Fund Management, LLC Name Compass Fund Management, LLC Paul Mansdorf Sara L. Kistler Debtor Chapter 7 Trustee Acting U.S. Trustee Barry Milgrom AUST Minnie Loo Laurent Chen Party Counsel

12 related case of SEC v. Viper Capital Management, LLC et al C 06-06966 SI. Additionally, 13 documents related to this case have also been filed in C 07-02507 SI (the case number assigned 14 to SEC's motion to withdraw reference of the In re Compass Fund Management, LLC case). 15 During the pendency of this bankruptcy case in this court, the Acting U.S. Trustee

16 appointed Paul Mansdorf as trustee for the estate of In re Compass Fund Management, LLC. 17 Pursuant to Federal Rule of Bankruptcy Procedure1 2002(a), the Clerk: 18 19 [S]hall give the debtor, the trustee, all creditors and all indenture trustees at least 20 days' notice by mail of: (1) the meeting of creditors under § 341 . . . of the Code . . .

20 See also Official Bankruptcy Form B9 Notice of Commencement of Case under the Bankruptcy 21 Code, Meeting of Creditors, and Deadlines issued by the Administrative Office of the United 22 States Courts available at http://www.uscourts.gov/bkforms/index.html. 23 As this court has withdrawn the reference to the bankruptcy court of this case pursuant to

24 28 U.S.C. § 157, the Clerk of the District Court is responsible for providing the notice required 25 by Federal Rule of Bankruptcy Procedure 2002(a). The Acting U.S. Trustee, pursuant to 11 26 27 Federal Rule of Bankruptcy Procedure 1001 provides: 28 The Bankruptcy Rules and Forms govern procedure in cases under title 11 of the United States Code . . .
1

Stipulated Adm inistrative Order: 06-06966 and related cases

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1 U.S.C. § 341(a) has set the meeting of creditors for this case for 16 January 2008 at noon at the 2 Oakland Federal Building, 1301 Clay St, Ste 680N, Oakland, California, 94612-5231. 3 4 5 6 7 8 9 10 Pursuant to court order, documents related to this case have been filed in and under the The court has scheduled a status conference on this case for 1 February 2008. Case No. C 07-03997 SI - Bankruptcy Case of In re Compass West Fund LP Name Compass West Fund LP Lois Brady Sara L. Kistler Debtor Trustee Acting U.S. Trustee Reidun Stromsheim AUST Minnie Loo Laurent Chen Party Counsel

11 related case of SEC v. Viper Capital Management, LLC et al (Case No. C 06-06966 SI). 12 13 14 15 1. 16 17 18 19 2. 20 21 22 23 24 25 3. 26 27 28 The court has scheduled a status conference on this case for 1 February 2008. Stipulation Now, the parties to this stipulated administrative order stipulate to the following: The caption of case number C 07-03996 SI shall read: In re Edward Sewon Ehee. The case is a bankruptcy case: Edward Sewon Ehee is the "Debtor". Roosevelt Fund, LP is the "Petitioning Creditor". The SEC should be deleted as the "Plaintiff" and Edward Sewon Ehee should be deleted as the "Defendant". All documents relating solely to the bankruptcy case of In re Edward Sewon Ehee that were filed under the related case of SEC v. Viper Capital Management, LLC et al (Case No. C 06-06996 SI) are deemed to be filed in In re Edward Sewon Ehee (Case No. C 0703996 SI). Henceforth, all documents related solely to the bankruptcy case of In re Edward Sewon Ehee shall be filed only in In re Edward Sewon Ehee (Case No. C 0703996 SI). For ECF noticing purposes in In re Edward Sewon Ehee (Case No. C 07-03996 SI), the Clerk of the District Court shall designate as additional "interested parties" all of the parties who are or are represented by registered participants in the Court's ECF system who now appear as parties to any of the other cases to which this stipulation relates (i.e.,

Stipulated Adm inistrative Order: 06-06966 and related cases

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1 2 3 4. 4 5 6 7 8 9 5. 10 11 12 13 14 15 16 17 6. 18 19 20 21 7. 22 23 24 25 26 27 8. 28

Case Nos. C 06-06966 SI, C 06-07270 SI, C 07-04747 SI, C 07-03995 SI; C 06-03997 SI). The caption of case number C 07-03995 SI shall read: In re Compass Fund Management, LLC. The case is a bankruptcy case: Compass Fund Management, LLC is the "Debtor". The SEC should be deleted as the "Plaintiff" and Compass Fund Management should be deleted as the "Defendant". The court has authorized the employment of Luce, Forward, Hamilton & Scripps LLP (attn: Barry Milgrom) as counsel for the trustee and that should be reflected in the docket of this case. All documents relating solely to the bankruptcy case of In re Compass Fund Management, LLC that were filed under the related case of SEC v. Viper Capital Management, LLC et al (Case No. C 06-06996 SI) and under C 07-02507 SI (the case number assigned to SEC's motion to withdraw reference of the In re Compass Fund Management, LLC case) are deemed to be filed in In re Compass Fund Management, LLC (Case No. C 07-03995 SI). Henceforth, all documents related solely to the bankruptcy case of In re Compass Fund Management, LLC shall be filed only in In re Compass Fund Management, LLC (Case No. C 07-03995 SI). The caption of case number C 07-03997 SI shall read: In re Compass West Fund LP. This case is a bankruptcy case: Compass West Fund LP is the "Debtor". The SEC should be deleted as the "Plaintiff" and Compass West Fund LP should be deleted as the "Defendant". All documents relating solely to the bankruptcy case of In re Compass West Fund LP that were filed under the related case of SEC v. Viper Capital Management, LLC et al (Case No. C 06-06996 SI) are deemed to be filed in In re Compass West Fund LP (Case No. C 07-03997 SI). Henceforth, all documents related solely to the bankruptcy case of In re Compass West Fund LP shall be filed only in In re Compass West Fund LP (Case No. C 07-03997 SI). The Clerk of the District Court shall forthwith send the notice required by Federal Rule of Bankruptcy Procedure 2002(a) of the meeting of creditors set for this case on 16 January

Stipulated Adm inistrative Order: 06-06966 and related cases

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2008 at noon at the Oakland Federal Building, 1301 Clay St, Ste 680N, Oakland, California, 94612-5231.

4 Date: 7 December 2007 5 6 7 8 Date: December 5, 2007 9 10 11 Date: December 6, 2007 12 13 14 Date: December 7, 2007 15 16 17 Date: December 7, 2007 18 19 20 21 Date: 12-05-07 22 23 24 25 Date: December 6, 2007 26 27 28

Respectfully submitted, s/Minnie Loo Minnie Loo Assistant United States Trustee

s/John S. Yun John S. Yun Attorney for Securities and Exchange Commission

s/Richard Pedone Richard Pedone Attorney for Roosevelt Fund, L.P.

s/Paul Byrne Paul Byrne Attorney for Roosevelt Fund, L.P.

s/Ismail Ramsey Ismail Ramsey Attorney for Defendant Edward Ehee in SEC v. Viper Capital Management, LLC et al (C 06-06966 SI)

s/James Wood James Wood Attorney for Debtor Edward Ehee in In re Edward Sewon Ehee (C 07-03996 SI)

s/Eliot A. Adelson Eliot Adelson Attorney for Kevin Bradford and Richard Garman

Stipulated Adm inistrative Order: 06-06966 and related cases

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1 2 3 Date: December 6, 2007 4 5 6 Date: December 6, 2007 7 8 9 Date: 12/5-07 10 11 12 13 Date: December 5, 2007 14 15 16 17 18 *** END OF ORDER *** 19 20 By: Luce, Forward, Hamilton & Scripps LLP s/Barry Milgrom Barry Milgrom Attorney for Paul Mansdorf, trustee of In re Compass Fund Management, LLC (C 07-03995 SI) s/Reidun Stromsheim Reidun Stromsheim, Attorney for Lois Brady, trustee of In re Compass West Fund LP (C 07-03997 SI ) s/Thomas Mayhew Thomas Mayhew Attorney for Robert Ehee s/Andrew K. Jacobson Andrew Jacobson Attorney for Jennifer Ehee

Pursuant to Stipulation, IT IS SO ORDERED.

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