the madate will issue immediately after the expiration of the period
to file for rehearing on January 2, 2013. A further order of this
Court will be entered signifying whether the mandate in fact issues
on that date. The Receiver has requested that we explain whether it
is proper for further fees and expenses to be paid. As we said in the
opinion and as the Receiver acknowledges, all fees and expenses
need to be re-evaluated in light of our holding that the Receivership
should not have been created. That conclusion neither authorizes
nor prevents further necessary disbursements. The import of our
order of November 9, 2012, has not changed, which said this:
"Disbursement of any other assets of the Receivership should be as
limited as possible until this Court resolves the appeals." We have
resolved the appeals, but the only expenditures should be those
appropriate for the Receiver to make until relinquishment of control
of assets. It is for the district court to make the initial determination
of whether approval of additional fees and expenses is appropriate
at this time in light of the re-evaluation of all fees and expenses of
the Receivership. IT IS FURTHER ORDERED that the opposed
motion of Appellee Peter S. Vogel to clarify the status of the
mandate is DENIED to the extent any clarification beyond what we
have just given was requested. Baron filed a motion to claify who is
to take custody of the receivership assets upon the dissolution of
the receivership. The opinion stated that everything subject to the
receivership other than cash "should be expeditiously returned to
Baron under a schedule to be determined by the district court for
winding up the receivership." Our utilization of a shorthand
reference to Barron did not in any way affect the ownership of
assets that were brought into the receivership. Assets are to be
returned as appropriate to Baron or other entities that were subject
to the receivership. Baron requests we clarify that he is not the
principal beneficiary of Novo Point, LLC and Quantec, LLC. Such
clarification is irrelevant to our holding and is DENIED. IT IS
FURTHER ORDERED that the alternative motion filed by
Appellants Jeffrey Baron; Novo Point, LLC; quantec, LLC; and
Gary Schepps to clarify that this Court's opinion of December 18,
2012, was issued "as and for the mandate" is DENIED. IT IS
FURTHER ORDERED that the alternative motions filed by
Appellants Jeffrey Baron; Novo Point, LLC; Quantec, LLC; and
Gary Schepps for a stay of the injunctions containted in the district
court's order appointing the receiver dated November 24, 2010, is
DENIED. [7259066-2], [7259066-3], [7259720-3], [7259720-4],
[7259720-5] [7260392-1]
Judge(s): HRD, LHS and SAH. [10-11202, 11-10113, 11-10289,
11-10290, 11-10390, 11-10501, 12-10003, 12-10444, 12-10489,
12-10657, 12-10804, 12-11082] (DMS)
Case 12-37921-sgj7 Doc 154 Filed 05/03/13 Entered 05/03/13 15:00:51 Page 7 of 12