Securities and Exchange Commission v. Vassallo et al

Filing 48

STIPULATION and ORDER #46 signed by Senior Judge Lawrence K. Karlton on 4/14/2009 ORDERING #42 Plaintiff's application to shorten time on its motion to appoint a temporary receiver for Equity Investment Management and Trading, Inc. is GRANTED; the Court will hear the Commission's Motion on 4/24/2009 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Any opposition the the motion shall be filed no later than 4/17/2009; reply in support of its motion due by 4/18/2009. (Reader, L)

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MARC J. FAGEL (Cal. Bar No. 154425) ROBERT L. MITCHELL (Cal. Bar No. 161354) [e-mail] JENNIFER L. SCAFE (Cal. Bar No. 194649) [e-mail] MONIQUE C. WINKLER (Cal. Bar. No 213031) [e-mail] Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, 26th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ANTHONY VASSALLO, KENNETH KENITZER and EQUITY INVESTMENT MANAGEMENT AND TRADING, INC., Defendants.

Case No.2:09-CV-00665-LKK-DAD STIPULATION AND ORDER TO SHORTEN TIME ON PLAINTIFF'S MOTION TO APPOINT TEMPORARY RECEIVER FOR DEFENDANT EQUITY INVESTMENT MANAGEMENT AND TRADING, INC.

WHEREAS Plaintiff Securities and Exchange Commission ("Commission") intends to move the Court for an order appointing a temporary receiver for defendant Equity Investment Management and Trading, Inc. ("EIMT"); WHEREAS the Commission will request that the Court hear its motion on shortened time, on April 20, 2009, at 9:00 a.m., or as soon thereafter as the matter may be heard;
SEC v. VASSALLO, ET AL. CASE NO. 2:09-CV-00665-LKK-DAD

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STIP. AND [PROPOSED] ORDER TO SHORTEN TIME ON PLTF'S. MOTION TO APPOINT RECEIVER FOR DFDT. EIMT

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WHEREAS counsel for defendants Anthony Vassallo and Kenneth Kenitzer agree, as indicated by their signatures below, to have this matter heard on such shortened time; WHEREAS defendant EIMT failed to respond to a request that it also agree to have the motion heard on shortened time; THEREFORE, counsel for the Commission and defendants Vassallo and Kenitzer hereby stipulate to have the Commission's motion for appointment of a temporary receiver for defendant EIMT heard by the Court on Monday, April 20, 2009, at 9:00 a.m., or as soon thereafter as possible, and ask that the Court adopt this stipulation as its order.

Dated: April 13, 2009

/s/ Robert L. Mitchell Robert L. Mitchell Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION

Dated: April 13, 2009

_/s/ Edward Gelfand____________________ Edward Gelfand Gartenberg, Gelfand Wasson & Selden, LLP 801 South Figueroa Street, Suite 2170 Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Attorney for Defendant KENNETH KENITZER /s/ David R. Chase_____________ David R. Chase Law Firm of David R. Chase, P.A. 1700 East Las Olas Blvd. Penthouse #2 Fort Lauderdale, FL 333301 Telephone: [phone] Facsimile: [phone] Attorney for Defendant Anthony Vassallo

Dated: April 14, 2009

SEC v. VASSALLO, ET AL. CASE NO. 2:09-CV-00665-LKK-DAD

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STIP. AND [PROPOSED] ORDER TO SHORTEN TIME ON PLTF'S. MOTION TO APPOINT RECEIVER FOR DFDT. EIMT

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SEC v. VASSALLO, ET AL. CASE NO. 2:09-CV-00665-LKK-DAD

ORDER Good cause appearing, the application of plaintiff Securities and Exchange Commission to shorten time on its motion to appoint a temporary receiver for defendant Equity Investment Management and Trading, Inc., is granted. The Court will hear the Commission's motion on April 24, 2009, at 10:00 a.m. Any opposition to the Commission's motion for a temporary receiver shall be filed no later than Friday, April 17, 2009, and served on that date on all parties by personal service, email transmission or overnight mail (morning delivery). The Commission shall file any reply papers in support of its motion on April 18, 2009, and serve them on that date by personal service, email transmission or overnight mail (morning delivery). DATED: April 14, 2009.

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STIP. AND [PROPOSED] ORDER TO SHORTEN TIME ON PLTF'S. MOTION TO APPOINT RECEIVER FOR DFDT. EIMT

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