Free Non Opposition to Motion - District Court of California - California

Case 3:08-cv-00400-DMS-BLM

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Filed 07/15/2008

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DONALD W. SEARLES, Cal. Bar No. 135705 [email protected] ROBERTO A. TERCERO, Cal. Bar No. 143760 [email protected] Attorneys for Plaintiff Securities and Exchange Commission Rosalind R. Tyson, Regional Director Andrew G. Petillon, Associate Regional Director 5670 Wilshire Boulevard, 11th Floor Los Angeles, California 90036 Telephone: (323) 965-3998 Facsimile: (323) 965-3908

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. TUCO TRADING, LLC, and DOUGLAS G. FREDERICK, Defendants. Case No. 08 CV 400 DMS (BLM) PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S STATEMENT OF NONOPPOSITION TO RECEIVER'S MOTION FOR ORDER AUTHORIZING INTERIM DISTRIBUTION DATE: TIME: PLACE: JUDGE: JULY 25, 2008 1:30 P.M. COURTROOM 10 THE HON. DANA M. SABRAW

08 CV 400 DMS (BLM)

Case 3:08-cv-00400-DMS-BLM

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Plaintiff Securities and Exchange Commission ("Commission"), having received and considered the Receiver's Notice of Motion and Motion for Order Authorizing Interim Distribution ("Receiver's Motion"), and the supporting papers filed therewith, states that it has no opposition to the Receiver's Motion to make an interim distribution to the Class B Members and other creditors of Tuco in the amount of 40% of their Preliminary Claims. Respectfully submitted,

DATED: July 15, 2008

/s/ Donald W. Searles DONALD W. SEARLES ROBERTO A. TERCERO Attorneys for Plaintiff Securities and Exchange Commission

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08 CV 400 DMS (BLM)

Case 3:08-cv-00400-DMS-BLM

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: July 15, 2008 [ ] [X] [X] [ ] [ ] [ ]

PROOF OF SERVICE I am over the age of 18 years and not a party to this action. My business address is: U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036-3648 Telephone No. (323) 965-3998; Facsimile No. (323) 965-3908. On July 15, 2008, I caused to be served the document entitled PLAINTIFF SECURITIES AND EXCHANGE COMMISSION'S STATEMENT OF NON-OPPOSITION TO RECEIVER'S MOTION FOR ORDER AUTHORIZING INTERIM DISTRIBUTION on all the parties to this action addressed as stated on the attached service list: [X] OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices. I am readily familiar with this agency's practice for collection and processing of correspondence for mailing; such correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. [ ] PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I personally deposited with the U.S. Postal Service. Each such envelope was deposited with the U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid. INTERNATIONAL REGISTERED MAIL, RETURN RECEIPT REQUESTED: Each such envelope was deposited in a facility regularly maintained at the U.S. Postal Service for receipt of International Registered Mail, Return Receipt Requested at Los Angeles, California, with International Registered Mail, Return Receipt Requested postage paid.

HAND DELIVERY: I caused to be hand delivered each such envelope to the office of the addressee as stated on the attached service list. FEDERAL EXPRESS: By placing in sealed envelope(s) designated by Federal Express with delivery fees paid or provided for, which I deposited in a facility regularly maintained by Federal Express or delivered to a Federal Express courier, at Los Angeles, California. ELECTRONIC MAIL: By transmitting the document by electronic mail to the electronic mail address as stated on the attached service list. FAX: By transmitting the document by facsimile transmission. The transmission was reported as complete and without error. (Federal) I declare that I am employed in the office of a member of the bar of this Court, at whose direction the service was made. I declare under penalty of perjury that the foregoing is true and correct. /s/ Donald W. Searles Donald W. Searles

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08 CV 400 DMS (BLM)

Case 3:08-cv-00400-DMS-BLM

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SEC v. TUCO TRADING and DOUGLAS G. FREDERICK United States District Court ­ Southern District of California Case No. 08 CV 00400 DMS (BLM) (LA-3458) SERVICE LIST Daniel G. Viola, Esq. Sadis & Goldberg LLP 551 5th Avenue, 21st Floor New York, NY 10176 Telephone: (212) 573-8038 Facsímile: (212) 573-8140 Email: [email protected] Counsel to Defendant Douglas G. Frederick Dennis R. Hirsch, Esq. Sadis & Goldberg LLP 50 California Street, Suite 2320 San Francisco, CA 94111 Telephone: (415) 490-0563 Facsímile: (415) 391-1377 Email: [email protected] Counsel to Defendant Douglas G. Frederick David L. Osias, Esq. Debra A. Riley, Esq. Ted Fates, Esq. Allen Matkins Leck Gamble Mallory & Natsis LLP 501 W. Broadway, 15th Floor San Diego, CA 92101-1158 Telephone: (619) 233-1155 Facsímile: (619) 233-1158 Email: [email protected] Email: [email protected] Email: [email protected] Counsel to Receiver Thomas F. Lennon

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08 CV 400 DMS (BLM)