Securities and Exchange Commission v. Souza et al

Filing 25

STIPULATION and ORDER (Modified from Submitted Version) signed by Judge Frank C. Damrell, Jr on 10/27/2009. Defendants shall have a further extension of time, though and including 12/14/2009, to answer or otherwise respond to the complaint. The parties have until 12/14/2009 to file their Joint Status Report. (Krueger, M)

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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 FIFTH 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

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

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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 and a Fourth Stipulation extending the time for Defendants' response to and including October 26, 2009;

4.

To allow settlement negotiations to continue further, Defendants have again requested additional time, to and including November 2, 2009, to respond to the complaint, to which the Commission has agreed.

5.

Inasmuch as the complaint was served on defendants on August 30, 2009, the parties calculate that, pursuant to the Court's Order Requiring Joint Status Report, the deadline for filing their Joint Status Report in this action is Thursday, October 29, 2009. In view of the progress of settlement discussions to date, the parties further agreed to request, and hereby do request, by means of this Stipulation, that the Court approve a two-week extension of the deadline for filing the Joint Status Report to and including November 12, 2009.

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, subject to approval by the Court, that Defendants may have an additional week, to and including November 2, 2009, to answer or otherwise respond to the complaint in this action, and further

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

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

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request that the Court approve a two-week extension of the deadline for filing the Joint Status Report to and including November 12, 2009.

/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 26, 2009 /s/ Judith L. Anderson________________ Judith L. Anderson Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION

DATED: October 26, 2009

ORDER FOR GOOD CAUSE SHOWN, THE COURT HEREBY ORDERS: (1) Defendants David Souza and D.A. Souza Investments, LLC shall have a further

extension of time, through and including December 14, 2009, to answer or otherwise respond to the complaint; and (2) The parties shall have an extension of time, through and including December 14,

2009, to file the Joint Status Report in this action.

Dated: October 27, 2009 __________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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

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