Motion for Approval of Settlements with Grove, Mueller & Swank, P.C.

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THIS IS A LEGAL NOTICE THAT MAY AFFECT YOUR RIGHTSMichael A. Grassmueck, the duly appointed receiver ("Receiver") in theabove-captioned action entitled SEC v. Sunwest Mgmt., Inc., Case No. 09-CV-6056-HO (the “SEC Action”) for Sunwest Management, Inc., Canyon CreekDevelopment, Inc., Canyon Creek Financial, LLC, Fuse Advertising, Inc., KDAConstruction, Inc., and other entities (collectively, "the Receivership Entities"),hereby gives NOTICE of the following:I. MOTION FOR APPROVAL OF SETTLEMENTThe Receiver is bringing a motion ("Settlement Approval Motion")requesting an order from the District Court (1) approving a settlement andsettlement agreement 1 (the "Settlement" and "Settlement Agreement") entered intobetween the Receiver, on the one hand, and GROVE, MUELLER & SWANK,P.C. ("GMS") and (2) entering a Final Claims Bar Order with respect thereto.The Receiver has asserted claims against GMS on behalf of Sunwestinvestors and the Receivership Entities in Grassmueck v. Grove, Mueller & Swank,P.C., Case No. 09-CV-0650-HO, (the "GMS Case"). The Receiver has alsoreceived assignments of claims, asserted or unasserted, against GMS from Sunwestinvestors, creditors, and claimants (the "Third Party Claims"), pursuant to the Planof Distribution approved on October 2, 2009, in the SEC Case; the Receiver's,CRO's and Debtor's Second Amended Joint Plan of Reorganization (May 27,2010), filed in the Bankruptcy Case; and the Order Re Assignment of All SunwestInvestors' and Claimants' Rights and Claims Against Certain Third Parties toReceiver dated April 7, 2011.The Settlement resolves claims in the GMS Case and the Third Party Claimsas to GMS, as well as claims by GMS against the Receivership Entities. Among1The Settlement Agreement has certain defined terms, including certain termsused herein. A copy of the Settlement Agreement is part of the SettlementApproval Motion and may be obtained as below.903557.01/LANOTICE OF: (1) MOTION FOR APPROVAL OF SETTLEMENTWITH GROVE, MUELLER & SWANK, P.C.; (2) PROPOSED FINAL2CLAIM BAR ORDER ;and (3) HEARING DATE
other things, the Settlement calls for payment of $1,350,000 to the Receiver; callsfor GMS to release any claims GMS may have against the Receivership Entities,with the exception of an administrative claim in the amount of $228,381.26, whichshall be approved by the Receivership; and provides for mutual releases.Copies of the Settlement Approval Motion papers are available at theReceiver's website at www.grassmueckgroup.com/sunwest.php; through theDistrict Court's Pacer/ECF/CM website (registration and fee required); or, byrequesting a copy from the Receiver at (866) 674-6791 or (503) -294-9928.II. FINAL CLAIM BAR ORDERThe Settlement calls for, and the Settlement Approval Motion seeks, a"Final Claims Bar Order" which would bar any further claims by certain personsincluding third parties against GMS for certain damages or other relief.The Final Claims Bar Order will be binding on the Receiver; the CRO; theDebtor; all Sunwest investors, creditors, and claimants, known and unknown; allparties in any pending federal or state court litigation involving GMS; all parties inany arbitrations involving Sunwest investments; the Receivership Entities;Sunwest Entities; the HFG Parties; all other professionals who provided services tothe Receivership Entities, Sunwest Entities, and the HFG Parties; all persons orentities who receive the notice; and any other interested parties who may haveSunwest-related claims.The proposed Final Claims Bar Order would apply to all claims againstGMS for damages or other remedies arising from or related to their conduct relatedto the activities of Sunwest Entities, including Sunwest Management, Inc., andtheir principals, including claims arising from the sale, purchase, or solicitation ofSunwest investments and all claims for contribution or indemnity made by anyperson or entity arising from the same or related common core of operative factsaddressed in the SEC Case or the Barred Claims. These claims include, but are not903557.01/LANOTICE OF: (1) MOTION FOR APPROVAL OF SETTLEMENTWITH GROVE, MUELLER & SWANK, P.C.; (2) PROPOSED FINAL3CLAIM BAR ORDER ;and (3) HEARING DATE
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Motion for Approval of Settlements with Grove, Mueller & Swank, P.C.

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