Free Motion for Miscellaneous Relief - District Court of California - California

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

Document 38-3

Filed 07/10/2008

Page 1 of 2

1 DAVID L. OSIAS (BAR NO. 091287) DEBRA A. RILEY (BAR NO. 151925) 2 TED FATES (BAR NO. 227809) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 3 501 West Broadway, 15th Floor 4 San Diego, California 92101-3541 Phone: (619) 233-1155 5 Fax: (619) 233-1158 E-Mail: [email protected] [email protected] 6 [email protected] 7 Attorneys for Permanent Receiver Thomas F. Lennon 8 9 10 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 Plaintiff, 14 v. 15 TUCO TRADING, LLC and 16 DOUGLAS G. FREDERICK, 17 18 19 20 21 I, Ted Fates, declare and state as follows: 1. I am an attorney with Allen Matkins Leck Gamble Mallory & Natsis LLP, counsel Defendants. Case No. 08-CV-0400 DMS (BLM) DECLARATION OF TED FATES IN SUPPORT OF RECEIVER'S MOTION FOR ORDER AUTHORIZING INTERIM DISTRIBUTION Date: Time: Ctrm: Judge: July 25, 2008 1:30 p.m. 10 Hon. Dana M. Sabraw UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

22 for Thomas F. Lennon ("Receiver"), the Court-appointed permanent receiver for Tuco Trading, 23 LLC ("Tuco"). I am one of the attorneys primarily responsible for handling this matter on behalf 24 of the Receiver. The following facts are within my own personal knowledge and, if called upon to 25 do so, I could and would competently testify thereto under oath. 26 2. On June 24, 2008, I emailed a copy of the Receiver's Motion for Order Authorizing

27 Interim Distribution ("Motion") in draft form to Robert Tercero and Donald Searles of the 28
LAW OFFICES

Allen Matkins Leck Gamble Mallory & Natsis LLP

693891.01/SD

Case No. 08-CV-0400 DMS (BLM)

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

Document 38-3

Filed 07/10/2008

Page 2 of 2

1 Securities and Exchange Commission ("SEC"). I am informed that the SEC does not oppose the 2 Motion. 3 3. On June 24, 2008, I emailed a copy of the Motion in draft form to counsel for

4 Defendant Douglas Frederick. To date, Mr. Frederick has not stated a position with respect to the 5 Motion. 6 4. On June 24, 2008, I emailed a copy of the Motion in draft form to counsel for

7 creditor Lightspeed. Lightspeed has asserted that it is owed more than $1.3 million by Tuco, 8 making it by far the largest non-member creditor of the Tuco receivership estate. I am informed 9 that Lightspeed does not oppose the Motion. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LAW OFFICES

I declare under penalty of perjury that the foregoing is true and correct. Executed on July 10, 2008, at San Diego, CA.

/s/ Ted Fates Ted Fates

Allen Matkins Leck Gamble Mallory & Natsis LLP

693891.01/SD

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Case No. 08-CV-0400 DMS (BLM)