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S.E.C. v. BYERS

No. 08 Civ. 7104(DC).

671 F.Supp.2d 531 (2009)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Steven BYERS et al., Defendants, and Elka Shereshevsky, Relief Defendant.

United States District Court, S.D. New York.

December 3, 2009.

Attorney(s) appearing for the Case

Neal Jacobson, Esq., New York, NY, for United States Securities and Exchange Commission.

Dewey & Leboeuf, by Mark S. Radke, Esq., John Warren, Esq., Jonathan Ware, Esq., Washington, DC, for Receiver.

Meyer Souzzi English & Klein, P.C., by Alan Evan Marder, Esq., Garden City, NY, for Objectors Nashville Warehouse Partners, LLC and Southeast Warehouse Partners, LLC.

Mazzeo Song & Bradham LLP, by David H. Hartheimer, Esq., New York, NY, for AIM Partnership and Space Park ISSB Partnership.

Sullivan & Worcester LLP, by Joshua Solomon, Esq., Boston, MA, for G & H Partners, AG.

Budd Larner, by James B. Daniels, Esq., Short Hills, NJ, and Nesenoff & Miltenberg LLP, by Ira S. Nesenoff, Esq., New York, NY, for Broadway Bank.

Bond Schoeneck & King PLLC, by Louis Orbach, Esq., Syracuse, NY, for TCF National Bank.

Tarter Krinsky & Drogin LLP, by Scott S. Markowitz, Esq., New York, NY, for Universal Restoration.

Weinberger Counsel, by Jeffrey H. Weinberger, Esq., New York, NY, for Sheldon Liebb.

Michael S. Grossman, Esq., New York, NY, for Vivian Orgel.

OPINION

CHIN, District Judge.

In an opinion dated July 23, 2009 (the "Distribution Opinion"), I approved the distribution plan proposed by the Receiver (the "Distribution Plan"). See SEC v. Byers, 637 F.Supp.2d 166 (S.D.N.Y.2009). In the Distribution Opinion, I ordered the Receiver to work with investors and creditors to attempt to agree on distributions, but made clear that I would resolve disputes...

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