Securities and Exchange Commission v. Souza et al

Filing 21

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 10/21/2009 ORDERING 19 that Defendants may have an additional week, to and including 10/26/2009, to answer or otherwise respond to the complaint in this action. (Reader, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MARC J. FAGEL (Cal. Bar No. 154425) JUDITH L. ANDERSON (Cal. Bar No. 124281) [e-mail] JENNIFER L. SCAFE (Cal. Bar No. 194649) [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. DAVID A. SOUZA and D.A. SOUZA INVESTMENTS, LLC, Defendants.

Case No. 2:09-CV-02421-FCD-KJM FOURTH STIPULATION AND ORDER FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT

This stipulation between plaintiff Securities and Exchange Commission ("Commission") and defendants David A. Souza and D.A. Souza Investments, LLC (collectively, "Defendants"), through their respective counsel, is based upon the following facts: 1. On September 18, 2009, the parties entered into a Stipulation granting Defendants two weeks' additional time, to and including October 5, 2009, to answer or otherwise respond to the complaint in this action served on Defendants on August 30, 2009;

SEC v. SOUZA 2:09-CV-02421-FCD-KJM

1

FOURTH STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

In order to explore settlement of this action, the parties entered into a Second Stipulation extending the time for Defendants' response to and including October 13, 2009;

3.

To allow settlement negotiations to continue, the parties entered into a Third Stipulation extending the time for Defendants' response to and including October 19, 2009;

4.

To allow settlement negotiations to continue further, Defendants requested additional time, to and including October 26, 2009, to respond to the complaint, to which the Commission agreed

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, subject to approval by the Court, that Defendants may have an additional week, to and including October 26, 2009, to answer or otherwise respond to the complaint in this action.

/s/ Roger Jaffe______________________ Roger V. Jaffe Attorney for Defendants DAVID A. SOUZA and D.A. SOUZA INVESTMENTS, LLC [Original signature retained by office of Judith L. Anderson, Attorney for Plaintiff] DATED: October 19, 2009 /s/ Judith L. Anderson________________ Judith L. Anderson Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION

DATED: October 19, 2009

ORDER For good cause shown, IT IS SO ORDERED.

Dated: October 21, 2009
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

SEC v. SOUZA 2:09-CV-02421-FCD-KJM

2

FOURTH STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT