Opinion
Case No. CV 09-000665 LKK-DAD.
November 8, 2010
FUTTERMAN DUPREE DODD CROLEY MAIER LLP, JAMIE L. DUPREE (158105), JAIME G. TOUCHSTONE (233187), San Francisco, CA, Attorneys for Receiver, Stephen E. Anderson.
ORDER GRANTING RECEIVER'S MOTION TO APPROVE SETTLEMENTS WITH EQUITY CONSTELLATION INVESTORS NILSSON, WILBERG, PATENAUDE, SMART AND SIMMONS
The motion of Receiver Stephen E. Anderson ("Receiver") to Approve Settlements with Equity Constellation, LLC Investors Nilsson, Wilberg, Patenaude, Smart and Simmons came on regularly for hearing in Courtroom 4 of the above-entitled Court on November 8, 2010, at 10:00 a.m., the Honorable Lawrence K. Karlton presiding, with counsel appearing on behalf of Receiver. The Court having considered the papers submitted in support of such motion, and the arguments of counsel and for good cause shown,
THE COURT FINDS AND ORDERS AS FOLLOWS:
Receiver's Motion to Approve the Settlements with Equity Constellation Investors Nilsson, Wilberg, Patenaude, Smart and Simmons IS HEREBY GRANTED.
Adequate and proper notice of this motion was provided to Defendant Equity Investment Management and Trading, Inc. ("EIMT") investors and other interested parties. Each settlement with Jan Nilsson, Carl Wilberg, Jean-Marc Patenaude, David Smart R. Douglas Simmons/Kupfer Family LLC settlement is fair and equitable to the defrauded EIMT investors, and provides substantial value while minimizing expenses to the receivership estate. Accordingly, each settlement is hereby approved, and Receiver is authorized to take all actions necessary to complete each settlement.
IT IS SO ORDERED.
Dated: November 8, 2010