Securities and Exchange Commission v. BIC Real Estate Development Corporation et al
Filing
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ORDER RE: DISCOVERY ISSUES, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2016. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SECURITIES AND EXCHANGE
COMMISSION,
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Plaintiff,
v.
BIC REAL ESTATE DEVELOPMENT
CORPORATION, et al.,
Defendants.
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Case No.: 1:16-CV-00344 LJO JLT
ORDER RE: DISCOVERY ISSUES
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At the scheduling conference, the Court and counsel addressed two emerging discovery
issues. As a result, the Court ORDERS:
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No later than 5:00 p.m. on May 12, 2016, counsel for Defendants SHALL notify
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counsel for the receiver where the Bentley automobile is located and when the receiver and his
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counsel may view it. This date for the inspection of the car SHALL not be later than May 18,
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2016 unless the receiver requests a later date;
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2.
No later than noon on May 12, 2016, Plaintiff’s counsel SHALL send via e-mail to
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counsel for Defendants and the receiver, a brief explanation of why the images of Mr. Nase and
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Mrs. Nase’s computers should be made immediately and why the images should be held by the
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receiver. The statement SHALL cite the legal authorities Plaintiff believes supports this position.
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No later than 4 p.m. on May 13, 2016, Defendants’ counsel SHALL send via e-mail to
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counsel for the Plaintiff and the receiver, a brief explanation of the positions of Mr. Nase and Mrs.
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Nase related to allowing an image of their computers to be taken and held by the receiver. The
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statement SHALL cite the legal authorities upon which the Nase’s believe supports their position.
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If, after review of the Nases position, it is apparent the matter has not resolved, Plaintiff’s
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counsel SHALL send an e-mail, with a copy of the documents exchanged by counsel, to
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JLTOrders@caed.uscourts.gov with a “cc” to all counsel. This email must be received by the
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Court no later than 8:00 a.m. on May 16, 2016. Unless there is full agreement as to the taking of
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the computer images and the images being held by the receiver, the Court will conduct an informal
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telephonic conference on May 16, 2016 at 10:00 a.m. Plaintiff’s counsel SHALL provide dial-in
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instructions for the conference call via e-mail to all counsel and the Court no later than 8:00 a.m.
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on May 16, 2016.
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IT IS SO ORDERED.
Dated:
May 11, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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