SUPERIOR COURT OF CALIFORNIACOUNTY OF SAN FRANCISCO
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Case Number: CGC-04-435584Filing Date: May-25-2010 8:23
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ORDERBAY GUARDIAN COMPANY, INC., VS. NT MEDIA LLC, et al
001CO2859352
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BY:
BY FAX
IECIBEVE
ill!
MAY 0 3 2010
RANDALL S. FARRIMOND (CSB No. 95281)
FARRIMOND LAW OFFICES,
a Professional Corporation
44 Montgomery Street, Suite 3850
San Francisco, CA 94104Telephone: 415-362-4900Facsimile: 415-362-4901
SUSAN G. BOSWELL, ESQ. (AZ Bar No. 04791; admitted
pro
e
k
QUARLES & BRADY LLPOne South Church Avenue, Suite 1700
Tucson, Arizona 85701
(520) 770-8713
susan.boswell@quarles.com
Attorneys for DefendantsNew Times Media LLC, et al.
SUPERIOR COURT FOR THE STATE OF CALIFORNIACOUNTY OF SAN FRANCISCOUNLIMITED CIVIL CASE
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2728BAY GUARDIAN; etc.
Plaintiff,
VS.
NEW TIMES MEDIA, et al.Defendants.
)))
)
RDER APPOINTING DAVID A.
) SUMMERS AS LIMITED RECEIVER
))))))
Case No. CGC-04-435584
Date: April 14, 2010
Time: 10:30 a.m.
Dept.: 610
The Motion' of Judgment Creditor BAY GUARDIAN COMPANY, INC. ("Creditor") for an
Order Appointing a Limited Post Judgment Receiver for Judgment Debtors SF WEEKLY, LP and NEWTIMES MEDIA LIE (collectively referred to as "the Debtors") came on regularly for hearing on theabove date and time in Department 610 of the above-entitled court, the Honorable Everett A. Hewlett,presiding. Judgment Creditor BAY GUARDIAN COMPANY, INC. appeared through its attorney JayD. Adkisson of Riser Adkisson, LLP. The Debtors appeared through their attorneys Susan G. Boswell
[pro sedj ORDER APPOINTING RECEIVER., No. CGC-04-435584
Q13\10305084.1
of Quarles & Brady LLP and Randall S. Fanimond of FaiTimond Law Offices, a Professional
Corporation. The Court having considered the pleadings filed in connection with this motion; the letter
to this Court dated April 13, 2010, from Jay D. Adkisson, accompanying appendix and proposed revised
Order submitted by Creditor on April 14, 2010, in response to this Court's tentative ruling denying themotion; the pleadings and records on file in this matter, and the arguments and representations of
counsel.'
d
ft
and GOOD CAUSE therefore appearing,
IT IS HEREBY ORDERED:
That David A. Summers is hereby appointed as a Receiver for Judgment Debtors SF WEEKLY,
LP and NEW TIMES MEDIA LLC for the limited purpose of (1) investigating the existence of assets of
the Debtors that are available to satisfy the judgment entered in this matter, and, in particular, whether o
not such assets are subject to a senior lien of Bank of Montreal or other senior secured creditors and (2)
issuing a confidential, attorneys eyes only report to this Court and to the attorneys for the parties hereinsetting forth all such assets the Receiver has located that are available to satisfy the judgment entered in
this matter.The receiver shall promptly file a $25,000 receiver's bond and a receiver's oath. No further
bond or oath is required.
MISCELLANEOUS PROVISIONS.
IT IS FURTHER ORDERED:
1.
Within thirty days of appointment, the Receiver shall serve and file under seal an initial
Receiver's report identifying all actions and investigations taken by the Receiver to locate assets of theJudgment Debtors available to satisfy the judgment.
2.
The Receiver shall be bound by the terms of the Pre-Trial Protective Order entered in this
action and shall hold any information gathered in confidence and disclose such information only to the
attorneys for the parties in this case as "confidential, attorneys eyes only", and to the Court under seal.
3.
The Receiver shall be paid on an hourly basis in the amount of $250.00 per hour for hisservices as receiver. Receiver shall be reimbursed at the rate of $0.60 per mile for the use of his[pr dsed] ORDER APPOINTING RECEIVER., No. CGC-04-435584
Q13110305084.1
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