Opinion
MICIIAEL s. DICKE (Cal. Bar No. 158187) DickeM@sec.gov ROBERT L. MITCHELL (Cal. Bar No. 161354) MitchellR@sec.gov Attorneys for Plaintiff, SECURITIES and EXCHANGE COMMISSION San Francisco, California.
[PROPOSED] ORDER ON SECURITIES AND EXCHANGE COMMISSION'S EX PARTE MOTION FOR ADMINISTRATIVE RELIEF ORDER GRANTING ADMINISTRATIVE RELIEF
MARILYN H. PATEL, Judge.
Pursuant to Civil Local Rule 7-11, plaintiff Securities and Exchange Commission ("Commission") has filed an ex parte motion with the Court for an Order that authorizes: (1) the payment of interest owed as a result of the late payment of taxes on certain funds now held in the Court registry relating to this matter; (2) the payment of the tax administrator's fees; and (3) the distribution of the remaining amounts on deposit in the Court registry pursuant to a plan of distribution previously approved by the Court. The Court having reviewed the motion, and for good cause shown,
IT IS HEREBY ORDERED THAT:
(1) the Clerk shall issue a check in the amount of $1,520.13 from the joint funds being held in the Court registry relating to the Final Judgment of Permanent Injunction against Roman D. Mayer, dated February 13, 2003 (Docket Item 5) and the Final Judgment of Permanent Injunction against Kenneth W. Mellert, dated March 29, 2006 (Docket Item 47). The check shall be payable to "Damasco & Associates, Trust Account" and shall be mailed to Damasco & Associates LLP, 700 Monte Vista Lane, Half Moon Bay, California 94019. Damasco & Associates is authorized to use these funds only for the purpose of paying interest owed as a result of the late payment of accumulated taxes on the Fund established by the Court's prior order of June 15, 2009 (Docket Item 53);
(2) the Clerk shall issue a separate check in the amount of $5,140.34 from the joint funds being held in the Court registry relating to the Final Judgment of Permanent Injunction against Roman D. Mayer, dated February 13, 2003 (Docket Item 5) and the Final Judgment of Permanent Injunction against Kenneth W. Mellert, dated March 29, 2006 (Docket Item 47). The check shall be payable to "Damasco & Associates LLP" and shall be mailed to Damasco & Associates LLP, 700 Monte Vista Lane, Half Moon Bay, California 94019. Damasco & Associates is authorized to use these funds in payment for its services as tax administrator for the Fund through January 29, 2010; and
(3) for each party listed in Exhibit A to this Order, the Clerk shall issue a check in the amount shown for that party in Exhibit A. The checks shall be issued from the joint funds being held in the Court registry relating to the Final Judgment of Permanent Injunction against Roman D. Mayer, dated February 13, 2003 (Docket Item 5) and the Final Judgment of Permanent Injunction against Kenneth W. Mellert, dated March 29, 2006 (Docket Item 47). The Clerk shall mail all such checks to the attention of the Commission's counsel in this case, Robert L. Mitchell, Securities and Exchange Commission, 44 Montgomery Street, 26th Floor, San Francisco, California 94104. Commission counsel shall then mail the checks to each party at the address shown in Exhibit A, along with a cover letter that notifies the party that the check is the result of a Court-ordered distribution in this case.
SO ORDERED.
EXHIBIT A
COUNTER-PARTIES AND PROPOSED DISTRIBUTION AMOUNTS
NAME CONTRACTS HELD PRO RATA SHARE DISTRIBUTION AMOUNT Botta Capital Management 150 30.000% $64,994.49 440 S. LaSalle Street, Suite 960 Chicago, IL 60605 Cutler Group, LP 47 9.400% $20,364.94 440 S. LaSalle Street, Suite 1124 Chicago, IL 60605 DHK Trading, LLC 47 9.400% $20,364.94 175 W. Jackson, Suite 400 Chhicago, IL 60604 Everest Trading, LLC 47 9.400% $20,364.94 440 S. LaSalle Street, Suite 3100 Chicago, IL 60605 Group One Trading, LP 20 4.000% $8,665.93 440 S. LaSalle Street, Suite 3232 Chicago, IL 60605 Rubcon Investment LLC 47 9.400% $20,364.94 440 S. LaSalle Street, Suite 753 Chicago, IL 60605 Susquehanna Securities & 48 9.600% $20,798.24 Susquehanna Investment Group 175 W. Jackson, Suite 1700 Chicago, IL 60604
Tahoe Trading LLC 47 9.400% $20,364.94 440 S. LaSalle Street, Suite 3420 Chicago, IL 60605 Third Millenium Trading LLC 47 9.400% $20,364.94 440 S. LaSalle Street, Suite 2910 Chicago, IL 60605 TOTALS 500 100% $216,648.30