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To: scion who wrote (2154)	7/21/2008 9:03:00 PM
From: scion	Respond to of 2347

07/21/2008 342 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Arthur Tifford dated 7/17/08 re: Request for leave of court to file Exhibits 64 and 65 in paper format. ENDORSEMENT: So ordered. (Signed by Judge Gerard E. Lynch on 7/21/08) (cd) (Entered: 07/21/2008) --------------- Doc 342 OCR extract Honorable Gerard E. Lynch United States District Judge United States District Court 500 Pearl Street, Room 910 New York, New York 10007-1581 Federal Express Airbill No. 862745652134 Re: SEC v. USXP ETC. ET AL, S.D.N.Y. Case No. 04 cv 02322 (GEL) Dear Judge Lynch: I enclose for your Honor's consideration and judicial action Mr. Altomare's First Supplemental Response to the Plaintiff's Second Submission Regarding Contempt and Combined Second Motion for Relief from Contempt. The foregoing document, without its exhibits, was filed electronically with the Clerk of Court today to ease your staff's efforts in assuring the Clerk's docket contained and reflected all activity. The response is docket entry 340. Exhibits 64-65 were not electronically filed with the Clerk of Court due to their size. The exhibits' size prompts the relief requested below. Richard A. Altomare requests leave of court to file pc. Exhibits 64 and 65 in paper format due to the permissible size restrictions mandated by this court. These exhibits are necessary for Mr. Altomare to present an effective opposition to the plaintiff's second submission on issue of contempt and his second motion for relief from contempt. As always, it is a privilege to serve this Court Respectfully submitted, TIFFORD AND TIFFORD, P.A. BY: ATHUR W. TIFFORD

To: scion who wrote (2154)	7/21/2008 9:11:04 PM
From: scion	Respond to of 2347

07/21/2008 343 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Arthur Tifford dated 7/15/08 re: Request for leave to file Exhibits 36 and 63 in paper format. ENDORSEMENT: So ordered. (Signed by Judge Gerard E. Lynch on 7/21/08) (cd) (Entered: 07/21/2008) ----------------- Doc 343 OCR extract Honorable Gerard E. Lynch United States District Judge United States District Court Southern District of New York 500 Pearl Street, Rm. 910 New York, NY 10007-1581 Federal Express Airbill No. 862745652031 Re: SEC v. USXP etc., et.al. S.D.N.Y. Case No. 04cv2322 (GEL) Dear Honorable Sir: I enclose for Your Honor's consideration and judicial action Mr. Altomare's response to plaintiff's second submission of issue of contempt and second motion for relief from contempt. The foregoing document, without its exhibits, was filed electronically with the Clerk of Court today to ease your staff's efforts in assuring the Clerk's docket contained and reflected all activity. Exhibits 36 through 63 were not electronically filed with the Clerk of Court due to their volume and size. The exhibits' size and volume prompt the relief requested below. Richard A. Altomare requests leave of court to file Exhibits 36 through 63 in paper format due to the permissible size restrictions mandated by this court. Exhibits 36 through 63 are necessary for Mr. Altomare to present an effective opposition to the plaintiff's second submission on issue of contempt and his second motion for relief from contempt. Richard A. Altomare further requests leave of court to file his response and second motion for relief from contempt in excess of the page limitations mandated by this court. All of the arguments contained in Mr. Altomare's combined response and motion are essential to the court's disposition of the issues raised. The requested relief is necessary for Mr. Altomare to present an effective opposition to the plaintiff's second submission and will fully and adequately respond to all of the issues raised by the plaintiff. The diverse locations of the facts, the need to refer to both overt and subtle facts gleaned from the documents, and the essential need to present them in a logical and coherent fashion could not be accomplished in fewer pages than those 46 pages comprising Mr. Altomare's current combined response and motion. The additional pages will not prejudice the plaintiff or hinder the court. Moreover, it is the undersigned counsel's considered professional judgment that Mr. Altomare's discussion and analysis could not be further shortened without prejudicing Mr. Altomare. Based on the foregoing, Mr. Altomare requests this court grant him leave to (i) file in paper format Exhibits 36 to 63, and (ii) file his combined response and motion in excess of the page limitations set by this Court. Respectfully submitted, TIFFORD AND TIFFORD, P.A. BY: ATHUR W. TIFFORD

To: scion who wrote (2154)	7/23/2008 4:14:41 PM
From: scion	Read Replies (2) \| Respond to of 2347

USXP Pacer NY Update 23 Jul 08 Date Filed # Docket Text 07/23/2008 344 ORDER: Defendant Richard Altomare, incarcerated for civil contempt, requests his release. For reasons further set forth in said Order, that request is granted, and Altomare be released from confinement forthwith. (Altomare still owes, and remains obligated to pay, the full judgment against him). The parties shall submit appropriate proposed orders regarding Altomare's pledge of various assets to the SEC, restraining Altomare from alienating any remaining assets, and authorizing the inspection and creation of a videotaped inventory of Altomare's properties and assets, as agreed upon by the parties during the Court's conference on or before 8/4/08. (Signed by Judge Gerard E. Lynch on 7/23/08) (db) (Entered: 07/23/2008)