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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

Elizabeth Berke-Dreyfuss (Bar No. 114651) 

WENDEL, ROSEN, BLACK & DEAN LLP 

1111 Broadway, 24th Floor 

Oakland, California 94607-4036 

Telephone: (510) 834-6600 

Fax: (510) 834-1928 

Email: edreyfuss@wendel.com 

Attorneys for Susan L. Uecker, Receiver for 

Defendants: CallSocket, L.P., CallSocket II, L.P., 

CallSocket III, L.P., CallSocket, LLC, CallSocket 

II, LLC, CallSocket III, LLC and Relief 

Defendants: CallSocket Holding Company, LLC, 

and CallSocket III Holding Company, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SECURITIES AND EXCHANGE 

COMMISSION, 

Plaintiff, 

vs. 

SAN FRANCISCO REGIONAL CENTER, 

LLC; THOMAS M. HENDERSON; 

CALIFORNIA GOLD MEDAL, L.P.; 

CALLSOCKET, L.P.; CALL SOCKET II, 

L.P.; CALLSOCKET III, L.P.; 

COMPREHENSIVE CARE OF OAKLAND, 

L.P.; NA3PL, L.P.; WEST OAKLAND 

PLAZA, L.P.; CALLSOCKET, LLC; 

CALLSOCKET II, LLC; CALLSOCKET III, 

LLC; COMPREHENSIVE CARE OF 

CALIFORNIA, LLC; IMMEDIA, LLC; 

NORTH AMERICA 3PL, LLC, 

Defendants, 

-andCALL SOCKET HOLDING COMPANY, 

LLC; CALLSOCKET III HOLDING 

COMPANY, LLC; BERKELEY 

HEALTHCARE DYNAMICS, LLC; 

CENTRAL CALIFORNIA FARMS, LLC; 

and JL GATEWAY, LLC, 

Relief Defendants.

 Case No. 3:17-CV-00223-RS 

DECLARATION OF SUSAN L. UECKER, 

RECEIVER FOR CALLSOCKET 

DEFENDANTS AND RELIEF 

DEFENDANTS IN RESPONSE TO 

OPPOSITIONS FILED BY SAN 

FRANCISCO REGIONAL CENTER, LLC, 

THOMAS HENDERSON, AND 

EB-5 INVESTORS 

Date: March 2, 2017 

Time: 1:30 p.m. 

Place: Courtroom 3, 17th Floor 

 450 Golden Gate Ave. 

 San Francisco, CA 

Judge: Hon. Richard Seeborg 

Case 3:17-cv-00223-RS Document 71 Filed 02/16/17 Page 1 of 7
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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 2 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

I, Susan L. Uecker, declare: 

1. I am the duly appointed and acting Receiver in the litigation styled, Young v. 

Henderson et al, Case No. RG15778891, pending before the Superior Court of the State of 

California, County of Alameda (“State Court Action”). I was appointed by the Amended Order 

Granting Plaintiff’s Ex Parte Motion for Appointment of Receiver Pursuant to Code of Civil 

Procedure Section 564 and Setting Hearing on Order to Show Cause, dated March 25, 2016 

(“Amended Order”). My appointment as receiver was confirmed by the Order Confirming 

Appointment of Receiver, dated April 7, 2016 (“Confirming Order”). My appointment as receiver 

has been extended by orders of State Court dated July 22, 2015, and November 22, 2015. The 

following facts are true of my own personal knowledge and if called upon to do so, would and 

could competently testify thereto, except as to those matters that are alleged upon information and 

belief and as to those matters, I believe them to be true. 

2. A number of allegations made in the Opposition to Plaintiff’s Motion for 

Preliminary Injunction filed by the Proposed Intervenors, the EB-5 Investors in the San Francisco 

Regional Center, LLC, California Gold Medal, L.P., CallSocket II, L.P., CallSocket II, L.P., 

Comprehensive Care of Oakland, L.P., NA3PL, L.P., West Oakland, Plaza, L.P. and the 

Declaration of Yuhong Ma filed in Support of that Opposition are false and/or misleading, and 

without any evidence. In addition several of the statements made by North America 3PL, LLC 

and Berkeley Healthcare Dynamics, LLC and Mr. Henderson are also misleading. I make this 

declaration to correct the record as to my actions taken as Receiver in the State Court Action. 

3. San Francisco Regional Center, LLC (“SFRC”) assert that I took adverse positions 

to SFRC. SFRC did not set forth the history of the State Court Action. The Court must keep in 

mind that SFRC is the manager of each of the CallSocket LLCs, which is the general partner of 

each of the CallSocket limited partnerships as well as many of the other named defendants. 

• On May 5, 2016, Judge Spain ordered that the CallSocket, L.P. (CallSocket 

I) call center expenses be rolled back by 30%, and that any tenants in the 

real properties that were not paying rent should be evicted. Judge Spain 

ordered that CallSocket II, L.P. (“CallSocket II”) call center expenses could 

remain the same, but a hiring freeze was imposed. Attached hereto as 

Case 3:17-cv-00223-RS Document 71 Filed 02/16/17 Page 2 of 7
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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 3 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

Exhibit A is a true and correct copy of the Transcript of the May 5, 2016 

hearing. See, May 5, 2016 Transcript, pp. 46:20-25; 46:25-47:7; 49:11-13. 

• On May 17, 2016, Judge Spain ordered that all three buildings, the 

CallSocket II, L.P. Dufwin Building and 1750 Broadway Building and the 

CallSocket Holding Company, LLC Tribune Tower be sold, subject to court 

approval. Judge Spain also ordered CallSocket I call center be wound down 

and closed completely because it was not profitable.1

 Judge Spain 

continued the hiring freeze for CallSocket II, ordering that CallSocket II 

was not authorized to hire any new employees. Attached hereto as 

Exhibit B is a true and correct copy of the May 17, 2016 Transcript. See 

Transcript, 24:1-6; 30:8-10; 30:24-25; 32:9-33:3. 

• On May 20, 2016, I provided the requisite WARN notices to the employees 

of the CallSocket I call center, and on July 20, 2016 closed the CallSocket I 

call center pursuant to Judge Spain’s order. 

• On July 28, 2016, California Gold Medal, L.P. and Comprehensive Care of 

Oakland, L.P. removed the State Court Action to Federal District Court, 

commencing Case No. 16-cv-04262-EMC. Judge Chen remanded the case 

back to the Alameda County Court on August 16, 2016. A true and correct 

copy of Judge Chen’s Remand Order is attached hereto as Exhibit C. 

• On August 24, 2016, Judge Spain entered an order authorizing the sale of 

CallSocket II, L.P.’s Dufwin Building. 

• On that same date, Judge Spain entered an order authorizing the sale of 

CallSocket II, L.P.’s 1750 Broadway Building. 

• On August 31, 2016, Tesh, LLC, acting through its managing member, 

North America 3PL, LLC, filed a peremptory challenge pursuant to Cal. 

Civ. Code. § 170.6, forcing Judge Spain to recuse herself, and transferring 

the State Court Action to Judge Seligman. Attached hereto as Exhibit M is 

a true and correct copy of the Peremptory Challenge filed by Tesh, LLC. 

• On September 1, 2016, without my authority or permission,2

 state court 

counsel for investors in CallSocket II, L.P. filed a Writ of Mandate in the 

name of CallSocket II, L.P. in the California Court of Appeal, First 

Appellate District, from the order approving the sale of the Dufwin 

Building. As Receiver, I was named as respondent. The petitioners 

obtained a stay pending appeal, delaying the sale on the Dufwin Building. 

The Writ of Mandate was denied on September 30, 2016 a true and correct 

 

1

 Over the life of its operations, the CallSocket I call center lost approximately $19 million. 

2

 On June 9, 2016, Judge Spain stated on the record that as the Receiver, only I could hire counsel 

for the CallSocket Entities. Attached hereto as Exhibit D is a true and correct copy of page 22: 7-

14 of the June 9, 2016 Transcript. 

Case 3:17-cv-00223-RS Document 71 Filed 02/16/17 Page 3 of 7
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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 4 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

copy of the denial of the Writ is attached hereto as Exhibit E. The 

petitioners then filed a Petition for Review before the California Supreme 

Court on October 11, 2016, which Petition was denied on November 22, 

2016. A true and correct copy of the denial of Petition for Review is 

attached hereto as Exhibit F.

• Although defendants had not appealed the order approving the sale of 

CallSocket II, L.P.’s 1750 Broadway Building, state court counsel for the 

investors in CallSocket II, L.P. advised the original title company that as 

Receiver, I had no authority to sell that real property and that the stay by the 

Court of Appeals prohibited the closing. Even after counsel notified the 

title company that he was mistaken, and I changed title companies, 

defendants opposed amendment of the sale order to allow the sale to close. 

The sale ultimately closed on October 6, 2016. 

• On October 6, 2016, without my permission and authority, SFRC as the 

managing member of CallSocket Holding Company, LLC, as the title 

holder of the Tribune Tower filed a Quite Title Action against Allan Young, 

the plaintiff in the State Court Action, and filed a Lis Pendens, commencing 

Case No. RG16834184 in the Alameda County Superior Court (“Quiet Title 

Action”). The Quiet Title Action was dismissed with prejudice on October 

26, 2016. A true and correct copy of the Judgment of Dismissal with 

Prejudice is attached hereto as Exhibit G.

• On October 10, 2016, Thomas Henderson, as the managing member of 

SFRC, the sole member of CallSocket II, LLC, the general partner of 

CallSocket II, L.P., caused CallSocket II, L.P. to file a Chapter 11 

bankruptcy in the United States Bankruptcy Court for the Northern District 

of California. The CallSocket II Chapter 11 bankruptcy case was dismissed 

on November 4, 2016. A true and correct copy of the Order Dismissing 

Case is attached hereto as Exhibit H.

• On October 11, 2016, Judge Seligman entered an order authorizing the sale 

of CallSocket Holding Company, LLC’s Tribune Tower Building. 

• On October 27, 2016, without my permission and authority, CallSocket 

Holding Company, LLC, filed a Writ of Mandate from the order authorizing 

the sale of Tribune Tower Building in the California Court of Appeal, First 

Appellate District. The Writ of Mandate was denied on October 28, 2016. 

Attached hereto as Exhibit I is a true and correct copy of the Denial of the 

Writ of Mandate. 

• On October 27, 2016, Thomas Henderson as the managing member of 

CallSocket Holding Company, LLC, caused CallSocket Holding Company, 

LLC to file a Chapter 11 bankruptcy in the United States Bankruptcy Court 

for the Northern District of California. The CallSocket Holding Company 

bankruptcy case was dismissed on November 15, 2016. A true and correct 

copy of the Order Dismissing Case is attached hereto as Exhibit J.

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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 5 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

• On November 30, 2016, the sale of CallSocket II, L.P. Dufwin Building 

closed. 

• On December 6, 2016, the Investors in CallSocket I sought an ex parte 

application to intervene in the State Court Action in order to obtain a 

temporary restraining order to prevent the closing of the sale of the 

CallSocket Holding Company, LLC’s Tribune Tower in the State Court 

Action. Judge Seligman denied the ex parte application to intervene and the 

application for the temporary restraining order became moot. Attached 

hereto as Exhibit K is a true and correct copy of the Order Denying Third 

Party Ex Parte. 

• On December 13, 2016, the sale of the CallSocket Holding Company, LLC 

Tribune Tower closed. 

• On January 17, 2017, the SEC filed its Complaint, and on January 20, 2017, 

filed its pending Motion for a Preliminary Injunction and for Appointment 

of Receiver. 

• On January 27, 2017, Judge Seligman entered an Order authorizing the sale 

of Runway, the technology incubator dba for CallSocket, L.P. 

4. The foregoing illustrates that all of the actions taken by me as Receiver in the State 

Court Action were to enforce the duly entered orders of the Alameda County Superior Court, and 

to comply with my fiduciary obligations as Receiver, just as I would enforce any orders and the 

fiduciary obligations of this Court if appointed as receiver in this case. Beyond that, the foregoing 

illustrates that the defendants in the State Court Action, took extreme measures to interfere with 

my ability to enforce the orders of the State Court and complete my charge by filing two 

unauthorized bankruptcies, filing two unauthorized Writs of Mandate from orders approving the 

sale of the CallSocket properties, seeking a restraining order from completing the sales of real 

properties and filing an unauthorized quiet title action. When North America 3PL, LLC and 

Berkeley Healthcare Dynamics voice concern over the expenses incurred by me as the Receiver, 

those expenses were incurred as a direct result of the State Court Action defendants’ interference 

with my duties as receiver in complying with duly entered orders and in the performance of my 

fiduciary obligations. 

5. With respect to the allegations made by the EB-5 Investors, and in particular 

Youhong Ma that I failed to operate and manage the State Court Action in the bests interests of the 

Case 3:17-cv-00223-RS Document 71 Filed 02/16/17 Page 5 of 7
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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 6 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

Investors, the Investors fail to recognize that all of the actions that I took in the State Court Action, 

I took pursuant to orders of that court and that as Receiver, I am a representative or officer of that 

court. I sold CallSocket II, L.P. Dufwin Building, and 1750 Broadway Building and the 

CallSocket Holding Company LLC Tribune Tower because Judge Spain ordered me to do so on 

May 17, 2016. Exhibit B, May 17, 2016 Transcript, 24:1-7. Judge Spain ordered the Dufwin and 

Broadway Buildings be sold to finance the operations of the CallSocket II call center. Id. at 32:8-

33:3. The numbers of employees of the CallSocket II, L.P. call center have been reduced over 

time due to attrition, but I was precluded from hiring new employees due to a hiring freeze 

imposed by Judge Spain on May 5 and May 17, 2016. Id; see also, Exhibit A, May 5, 2016 

Transcript 49:11-15. 

6. Investor Ma claims to have reviewed the proposals that I submitted to Judge 

Seligman for consideration for the continued operation of CallSocket II, L.P. call center. Investor 

Ma is mistaken and could not have reviewed my proposals. I submitted a proposal by Akila 

Digital to run the CallSocket II, L.P. call center. The Akila Digital’s proposal specifically did not

have any potential customer letters attached. The only proposal submitted to the State Court that 

had any potential customer letters attached was the SFRC’s proposal, and that would explain why 

Investor Ma was certain that the proposal was exactly the same plan submitted by SFRC to the 

USCIS 5 years ago.3

 With respect to the Golden Gate Global proposal, that proposal was included 

for the State Court’s information to show Judge Seligman what other alternatives were available to 

Investors. In fact, my proposal made clear that the Golden Gate Global proposal required more 

funds than the receivership had on hand, and that any fees payable are payable to the receivership 

estate, and not to me personally. To suggest that I have or would have personally profited from 

the receivership estate, is a misrepresentation. This same allegation was made by the defendants 

in the State Court Action, and Judge Seligman found those allegations unsupported by the 

 

3

 I did attach a copy of the CallSocket II, L.P. Business Plan that was approved by the USCIS to 

my Proposal. However, Investor Ma’s allegations are still incorrect, because the Business Plan 

was not the Proposal for the call center operations. 

Case 3:17-cv-00223-RS Document 71 Filed 02/16/17 Page 6 of 7
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009589.0023\4601947.7 DECLARATION OF SUSAN L. UECKER 7 3:17-CV-00223-RS Wendel, Rosen, Black & Dean LLP 1111 Broadway, 24t h Floor Oakland, California 94607-4036 

evidence. Attached hereto as Exhibit L is a true and correct copy of the Minutes of the hearing on 

the Motion to Extend Receivership in which Judge Seligman made those findings. 

7. Although Judge Seligman was supposed to hold a hearing on the proposals for the 

continued operation of the CallSocket II, L.P. call center on January 24, 2017, prior to that date, I 

determined that certain information provided by SFRC to the USCIS in the Investors I-526s and I829 was erroneous. I asked SFRC for clarification of that information, but to date, SFRC has not 

clarified the erroneous information. Combined with the filing of the SEC Complaint, and Motion 

for Preliminary Injection and Appointment of Receiver, the parties agreed not to move forward on 

the hearing on the call center proposals until March 8, 2017, after the SEC Motion has been 

decided. 

8. Mr. Henderson claims I cannot serve as a receiver in this action over NA3PL, L.P. 

because in the State Court Action, I terminated a lease with an entity affiliated with NA3PL, L.P. 

I was not a receiver for NA3PL, L.P. in the State Court Action. Judge Spain had ordered me to 

evict all tenants who were not paying rent. Exhibit A, May 5, 2016 Transcript, pp. 46:20-25; 

46:25-47:7. The affiliated entity, Tesh, LLC, was evicted for non-payment of rent. Had I not 

followed the order of Judge Spain and evict Tesh, LLC, I would have breached my duties as an 

officer or representative of the State Court. 

9. As a receiver in either the State Court, or a Federal Court, I am an officer or 

representative of the Court. As such, I am a fiduciary to the Court, and I do not believe I have a 

conflict as a result of my actions as Receiver in the State Court Action, if I were to be appointed as 

receiver in this action. 

I declare under the laws of the State of California that the foregoing is true and correct and 

that this declaration was signed in San Francisco, California on 16th day of February, 2017. 

/s/ Susan L. Uecker 

Susan L. Uecker 

Case 3:17-cv-00223-RS Document 71 Filed 02/16/17 Page 7 of 7