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United States v. Tath

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


May 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SARETH TATH, DEFENDANT.

The opinion of the court was delivered by: Hon Cormac J. Carney United States District Judge

(PROPOSED) ORDER ON GOVERNMENT'S MOTION FOR APPOINTMENT OF RECEIVER

The motion of plaintiff United States for appointment of Richard Weissman to act as receiver of New Paradise Restaurant LLC ("LLC") and New Paradise Restaurant ("Restaurant") came on regularly for hearing before the undersigned United States District Judge on April 23, 2009. Plaintiff United States appeared through its attorney of record, Assistant United States Attorney Brent A. Whittlesey. Defendant Sareth Tath appeared through his attorney of record, Joel Levine. The court having considered the pleadings filed by the parties, the argument of counsel, and for good cause shown, ORDERS as follows:

1. Richard Weissman is hereby authorized and directed to review and evaluate the operations of LLC and Restaurant to determine whether it is advisable to continue such operations in a receivership. Mr. Weissman shall provide a summary of his findings and recommendation to the court and the parties. The report shall address the status of the pending unlawful detainer action against the LLC and Restaurant, and shall recommend whether it is advisable to continue the operations of the LLC and Restaurant in a receivership.

2. The officers and employees of LLC and Restaurant shall cooperate with the investigation by Mr. Weissman by providing his access to all books and records of LLC and Restaurant, and providing such information concerning them as Mr. Weissman may reasonably request.

3. Mr. Weissman shall conduct his investigation after April 29, 2009. Mr. Weissman's compensation for his services will be paid from the assets of a receivership estate, if any, in such amounts as may be authorized by the court.

4. Following receipt of the analysis by Mr. Weissman, the court shall conduct such additional hearings concerning the government's motion for appointment of a receiver as may be appropriate.

20090507

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