Opinion
Civil Action No, 05-CV-2192 (RO).
October 27, 2005
Upon the motion ("Motion") of Arthur Steinberg, the court-appointed receiver ("Receiver") for defendants Northshore Asset Management, LLC, Ardent Research Partners L.P., Ardent Research Partners, Ltd., and Saldutti Capital Management, L.P. (collectively, the "Corporate Defendants," and with their respective subsidiaries, affiliates, related entities and funds, the "Receivership Estate"), seeking a written order (i) converting the TRO into a preliminary injunction with regard to the Corporate Defendants nunc pro tunc to February 25, 2005; (ii) appointing the Receiver as permanent receiver for the Receivership Estate nunc pro tunc to February 25, 2005; and (iii) identifying the Northshore Related Entities that currently comprise the Receivership Estate (the "Motion"); and the Court having jurisdiction to consider the Motion and the relief sought therein; and due notice of the Motion having been given, and it appearing that no other or further notice of the Motion need be provided; and the only objection to the Motion filed on behalf of the individual defendants Kevin Kelley, Robert Wildeman and Glenn Sherman on July 20, 2005 having been withdrawn pursuant to a Stipulation and Agreed Order entered by the Court; and the Court having determined that the relief sought in the Motion is in the best interest of the estates of the Receivership Estate and their creditors and all parties in interest; and the Court having entered an order dated September 9, 2005 granting the Motion ("September 9 Order"); and upon the Receiver's request at a hearing held on October 11, 2005 for an amendment of the September 9 Order to address a technical error contained therein; and after due deliberation and sufficient cause appearing therefor; it is hereby
All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion.
ORDERED, that the Motion is granted in all respects, as modified by this Amended Order; and it is further
ORDERED, that the TRO is converted to a preliminary injunction with respect to the Corporate Defendants and the Receivership Estate and is in full force and effect nunc pro tunc to February 25, 2005; and it is further
ORDERED, that the Receiver is appointed as permanent receiver for the Receivership Estate and is empowered to take all the actions provided in Section XII of the TRO with respect to the Receivership Estate nunc pro tunc to February 25, 2005; and it is further
ORDERED, that the following business entities and funds, which were listed in the original Motion but inadvertently omitted from the Receivership Estate entities chart contained in the September 9 Order, are part of and included within the Receivership Estate: Astor Fund LLC; NSCT, LLC; LaSalle Leveraged Fund LLC; and CCA Fund LLC; and it is further
ORDERED, that the following revised list of business entities and funds currently constitute the Receivership Estate:
Employee Name Identification Number
Northshore Asset Management LLC 35-2170019 Saldutti Capital Management L.P. 13-3648200 Ardent Research Partners LP 13-3647076 Ardent Research Partners Ltd. 01-0779868 Astor Fund LLC 32-0072780 NSCT, LLC 20-1710513 LaSalle Leveraged Fund LLC 36-4497912 CCA Fund LLC None LaSalle Family Office LLC Trust 56-2297622 Cousin Family LLC Trust 56-2297614 Dewey Family LLC Trust 56-2297612 Kelley Family LLC Trust 56-2297615 Sherman Family LLC Trust 56-2297617 Wildeman Family 2002 Special Trust 16-6531576 Weigand Family LLC Trust 56-2297618 Forte Family Office LLC Trust 32-6015581 Rose Family Office LLC Trust 30-6044905 Northshore Master Fund LLC 20-1013738 Northshore Fund LLC 20-1013669 Northshore Global Opportunities 20-1013783 Northshore IV None Northshore Special Situations Fund 20-0976485 Northshore Statistical Opportunity Fund 20-0976438 Randolph Special Situation Fund LLC 32-0052860 Northshore Asset Management LLC 20-1088356 401K Profit Sharing Plan Trust Guggenheim Portfolio Company LLC None Partners Group Alternative Strategies Ltd.01-0779873 Northshore Associates 20-1013604 SKS LLC None Wildeman Holdings 37-9849908 Venture Development LP None
ORDERED, that notwithstanding the nunc pro tunc nature of certain provisions of this Order, the 10-day filing period set forth in 28 U.S.C. § 754 shall re-commence on the date this Order is entered on the docket to allow the Receiver to file copies of this Amended Order, if necessary; and it is further
ORDERED, that the requirement set forth in Rule 7.1 of the Local Civil Rules of the United States District Court for the Southern District of New York requiring the filing of a memorandum of law is hereby waived; and it is further
ORDERED, that the Receiver shall cause copies of this Amended Order, within three business days after entry on the docket, to be served on all parties who received notice of the original Motion; and it is further
ORDERED, that the Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this Order.