Securities & Exchange Commission v. American Principals Holdings, Inc. (In re San Vicente Medical Partners Ltd.)

ORDER

San Vicente Medical Partners, Ltd. (“SVMP”) appeal a magistrate’s award of administrative fees to Ashley Orr, receiver for SVMP’s former general partner, American Principals Corporation (“APC”), a corporate subsidiary of American Principals Holdings, Inc. (“APHI”). We hold that in the circumstances of this case the magis *1129 trate was not empowered to enter final judgment, and hence we lack jurisdiction over the appeal. We transfer the matter to the district court.

FACTS AND PROCEEDINGS

SVMP is a limited partnership formed to develop and construct an eleven-story medical office building condominium adjoining Cedars Sinai Hospital in Los Angeles, California. The syndicator and general partner was APC, a corporate subsidiary of APHI. APHI and its subsidiaries, based in San Diego, had syndicated, managed, or controlled and functioned as general partner for eighty-two limited partnerships.

In 1984, the Securities and Exchange Commission (“SEC”), alleging broad scale securities violations, as well as illegal shifting of funds among partnerships, instituted proceedings against APHI and its corporate subsidiaries. Ashley Orr accepted appointment as receiver for APHI, with…