Opinion
Case No. 2:10-CV-02203-MMD-GWF
11-26-2012
FEDERAL TRADE COMMISSION, Plaintiff, v. JEREMY JOHNSON, etc., et al., Defendants.
RANDOLPH L. HOWARD (Nev. SBN 006688) KOLESAR & LEATHAM, CHTD. GARY OWEN CARIS (Cal. SBN 088918) LESLEY ANNE HAWES (Cal. SBN 117101) MCKENNA LONG & ALDRIDGE LLP Attorneys for Receiver ROBB EVANS OF ROBB EVANS & ASSOCIATES LLC
RANDOLPH L. HOWARD (Nev. SBN 006688)
KOLESAR & LEATHAM, CHTD.
GARY OWEN CARIS (Cal. SBN 088918)
LESLEY ANNE HAWES (Cal. SBN 117101)
MCKENNA LONG & ALDRIDGE LLP
Attorneys for Receiver
ROBB EVANS OF ROBB EVANS & ASSOCIATES
LLC
[PROPOSED] ORDER GRANTING
RECEIVER'S EMERGENCY MOTION
FOR ORDER APPROVING
SETTLEMENT AGREEMENT WITH
JOHN HAFEN, LILHAF HOLDINGS,
LLC, LILHAF PROPERTIES LLC AND
TIBURON HOLDINGS, LLC AND FOR
LIMITED NOTICE UNDER LOCAL
RULE 66-5 IF APPLICABLE
The matter of the Receiver's Motion for Order Approving Settlement with John Hafen, Lilhaf Holdings, LLC, Lilhaf Properties, LLC and Tiburon Holdings, LLC ("Hafen Settlement Motion") filed by Robb Evans of Robb Evans & Associates LLC ("Receiver"), the Receiver appointed pursuant to the Court's Preliminary Injunction Order issued February 10, 2011 ("Preliminary Injunction"), came on before the Court, the Honorable Miranda M. Du, United States District Judge presiding. The Court having reviewed and considered the Hafen Settlement Motion and the pleadings and papers filed in support thereof, and having considered the responses, if any, filed thereto, and good cause appearing therefor,
IT IS ORDERED that:
1. The Hafen Settlement Motion is hereby granted and the Settlement Agreement between the Receiver, on one hand, and John Hafen ("Hafen"), Lilhaf Holdings LLC and Lilhaf Properties, LLC (collectively "Lilhaf") and Tiburon Holdings, LLC ("Tiburon") (collectively the "Hafen Parties"), a true and correct copy of which is attached as Exhibit 1 to the Declaration of Gary Owen Caris filed in support of the Hafen Settlement Motion, is hereby approved;
2. Notice of the Hafen Settlement Motion is deemed to be sufficient under Local Civil Rule 66-5 based on the service of the notice of the filing of the Hafen Settlement Motion and the Hafen Settlement Motion on all parties and service of the notice of the filing of the Hafen Settlement Motion on all known non-consumer creditors of the estate, and on all known taxing authorities with a potential claim in the receivership estate concurrent with the filing of the Hafen Settlement Motion with the Court.
________________________
MIRANDA M. DU
United States District Judge