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Both the joint motion and the memorandum in support of the joint
motion were drafted by Davis. The memorandum noted that the
District Court had retained jurisdiction of the underlying
injunction case for the purpose of implementing and enforcing any
additional decrees and orders necessary and appropriate to the
public interest. In the memorandum, the parties wrote that "an
order allowing defendant Samuel L. Winer to act as tax matters
partner for the * * * partnerships will serve the best interests
of the public."
On September 17, 1986, the District Court issued an Order
Granting Specific Relief from the Final Judgment of Permanent
Injunction as to Samuel L. Winer and Winer Development Corp. in
which it was ordered that "for good cause shown, * * * Samuel L.
Winer may act as tax matters partner for the purpose of providing
administrative services to the * * * partnerships", which
included Davenport. The District Court's order did not remove
the prohibitions against Winer's selling or promoting the
partnership or intervening in any court proceeding as the TMP on
behalf of any of the partnerships referenced in the February 18,
1986, Permanent Injunction.
Winer claims that he first heard of the proposal to
reinstate him as TMP of the partnerships in August 1986 during a
phone call from Fieldstone. Winer recalled that Fieldstone told
him he had been reinstated because none of the other investors
wanted to be the TMP. At that time of the modification, Winer
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