On November 16, 2007, the Receiver filed a motion ("Motion") with the Court seeking approval of certain procedures relating to the processing of investor claims of 12daily Pro ("12DP"). The hearing on the Motion is scheduled for December 10, 2007, at the Eastern Division - Riverside Courthouse of the United States District Court, Central District of California located at 3470 Twelfth Street, Riverside, California 92501. The Court may, in its discretion, determine that a hearing is not necessary, if no objections are received.
The Motion can be viewed at the Receiver's website, www.tlennonfor12dailypro.com. You should read the entire Motion. Set forth below, however, is a summary of the relief requested in the Motion for your convenience.
1. Summary Procedures. The Receiver requests that the Court approve the use of summary procedures for the administration of investor claims. This means that any dispute between you and the Receiver over the proper amount of your claim which cannot be resolved by agreement, will be resolved by the Judge after motion papers are filed by the Receiver, a response is filed by you (if you choose to respond), and a court hearing takes place (unless the Judge determines that a hearing is not necessary).
2. MIMO Calculation. The Receiver requests that the Court approve the use of a money-in-money-out formula for calculating investor claims. This means that you will have a claim in the amount of your investments and deposits in 12DP, minus all distributions you received from 12DP as reflected in your internet account. In other words, your claim amount will be the net amount of your investments (money in) and distributions made to you (money out). If you had more than one account (or used more than one e-mail address), your accounts will be aggregated for determining your claim amount. If your investments in 12DP were less than the amount of distributions you received, you will not have a claim and not be entitled to a distribution from receivership estate.
(i) you deposited $6,000 in 12DP and received no distribution, your claim will be $6,000;
(ii) you deposited $6,000 in 12DP and received $8,640 in your internet account, your claim is $0; or
(iii) you deposited $6,000 in 12DP and received $2,000 in your internet account, your claim is $4,000.
3. Claim Bar Date. The Receiver requests that the Court set January 31, 2008, as the deadline ("Claims Bar Date") by which all investors must log into the Web Portal established by the Receiver and take one of the following actions:
a. accept the Receiver's calculation as the correct amount of your claim by checking the "Accept" box on the Web Portal; or
b. dispute the Receiver's calculation of your claim amount by checking the "Dispute" box on the Web Portal, and submitting a proof of claim form with all documentation supporting your claim to the Receiver by January 31, 2008. The proof of claim form can be downloaded from the Web Portal or the Receiver's website.
On or about November 7, 2007, you should have received an e-mail informing you that the Web Portal is operational and providing you with the instructions on how to access your account and take the steps outlined in (a) and (b) above. If you have already taken the steps set forth above, then you need not do anything. If not, you will have to take these steps by January 31, 2008, if the Court approves the Motion. Once the Motion is approved by the Court, you will receive another notice ("Claims Bar Date Notice") advising you that you must now log into the Web Portal and either accept your claim amount or dispute your claim amount and submit a proof of claim with supporting documentation.
4. Distributions on Claims. The Receiver requests that the Court order that investors be required to log into the Web Portal and either accept or dispute their claim amount by filing a proof of claim on or before the Claims Bar Date. Those investors who fail to log into the Web Portal and either accept their respective claim amount or dispute their claim amount and file a proof of claim will be forever barred from asserting a claim against 12DP and precluded from receiving a distribution under the Receiver's Plan of Distribution. Therefore, if the Motion is granted, it will be mandatory that you take one of the actions noted in number 3 above in order to be entitled to receive a distribution.
5. Form and Method of Notice. The Receiver requests that the Court approve the form of Claims Bar Date Notice that will be e-mailed to investors advising investors of the Claims Bar Date. The Claims Bar Date Notice will also be posted on the Receiver's website. The form and method of giving notice are designed to balance the need to give investors adequate notice of their rights and responsibilities with respect to the claims process with the need to conserve the limited assets of the receivership estate.
6. Claims Administrator. The Receiver requests that the Court grant him authority to engage an outside company to review and analyze proofs of claim filed by investors and prepare objections to such claims, if the need should arise. This request is made due to the limited staff at the Receiver's office and the potentially large volume of claim disputes that may occur. The Receiver will use his business judgment to determine if the volume of claim disputes warrants hiring an outside company.
7. Settlement Authority. The Receiver requests that the Court grant him authority to settle disputes regarding claim amounts without Court involvement. This relief is requested in order to reduce the administrative costs and delay associated with obtaining the Court's approval of each settlement.
What to do if you object to the relief requested in the Motion
If you object to the relief requested in the Motion, you must file a written objection with the Court in accordance with the local rules of the Court, L.R. 7.9 which can be found on the Court's website at www.cacd.uscourts.gov. In order for an Objection to be timely, it must be filed NO LATER THAN NOVEMBER 26, 2007. Objections can be filed by mail addressed to:
Clerk of the Court
United States District Court
Eastern Division - Riverside Courthouse
3470 Twelfth Street
Riverside, California 92501
All objections must also be mailed to the Receiver at:
Thomas F. Lennon, Receiver for 12DP
c/o Allen Matkins Leck Gamble Mallory & Natsis LLP
501 West Broadway, 15th Floor
San Diego, California 92101
Failure to respond to the motion may be deemed consent to the Court issuing an order providing all of the relief summarized above.
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