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

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

Document 38

Filed 07/10/2008

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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 TO ALL INTERESTED PARTIES: 20 PLEASE TAKE NOTICE that on July 25, 2008, at 1:30 p.m., in Courtroom 10 of the Defendants. Case No. 08-CV-0400 DMS (BLM) NOTICE OF MOTION AND 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

21 above-entitled Court located at 940 Front Street, San Diego, California 92101, Thomas F. Lennon 22 ("Receiver"), the court-appointed permanent receiver for Tuco Trading, LLC ("Tuco"), will move 23 this Court for an order authorizing him to make an interim distribution to the class B members 24 ("Members") and other creditors of Tuco ("Motion"). 25 PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule 7.1.d.1, at the Court's

26 discretion this matter may be taken under submission and in that event no hearing will take place. 27 The Motion is based on the Memorandum of Points and Authorities and Declaration of

28 Ted Fates filed herewith. The Motion and supporting papers are available at the Receiver's
LAW OFFICES

Allen Matkins Leck Gamble Mallory & Natsis LLP

699880.01/SD

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

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

Document 38

Filed 07/10/2008

Page 2 of 2

1 website, http://www.tflinc.com/cases_tuco.html, or may be reviewed at the Clerk's Office during 2 normal business hours at 880 Front Street, Suite 4290, San Diego, California 92101. 3 Procedural Requirements: If you oppose this Motion, you are required to file your

4 written opposition with the Office of the Clerk, United States District Court, 880 Front Street, 5 Suite 4290, San Diego, CA 92101-8900, and serve the same on the undersigned so as to be 6 received by the undersigned not later than July 21, 2008. 7 IF YOU FAIL TO FILE AND SERVE AN OPPOSITION by the above date, the Court

8 may grant the requested relief without further notice, including entry of an order authorizing an 9 interim distribution. 10 11 The Receiver will reply to any and all timely-filed responses not later than July 23, 2008. Requested Relief: The Receiver requests approval to make an interim distribution to the

12 Members and other creditors of Tuco in the amount of 40% of their Preliminary Claims. 13 WHEREFORE, the Receiver requests that the Court grant the relief requested herein and

14 such other relief as may be appropriate under the circumstances. 15 16 Dated: July 10, 2008 17 18 19 20 21 22 23 24 25 26 27 28
LAW OFFICES

ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: /s/ David L. Osias DAVID L. OSIAS Attorneys for Permanent Receiver Thomas F. Lennon

Allen Matkins Leck Gamble Mallory & Natsis LLP

699880.01/SD

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