Securities and Exchange Commission v. Loomis et al

Filing 41

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/11/11: Pretrial Conference and Trial dates are VACATED; Further Status Conference set for 1/18/2012 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Joint statement due no later than 14 days prior to Status Conference. (Manzer, C)

1 KLAUS J. KOLB (SBN 146531)
[e-mail]
2 400 Capitol Mall, 11th Floor
Sacramento, CA 95814
3 Telephone: [phone]
Facsimile: [phone]
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Attorney for Defendant
5 JOHN H.HAGENER
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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SECURITIES AND EXCHANGE COMMISSION,

No. Civ S-10-0458 KJM KJN

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Plaintiff,
v.

JOINT STIPULATION VACATING
PRE-TRIAL AND TRIAL DATES
AND SETTING FURTHER STATUS
CONFERENCE; ORDER

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LAWRENCE “LEE” LOOMIS, LOOMIS WEALTH
SOLUTIONS, LLC, JOHN HAGENER, AND
LISMAR FINANCIAL SERVICES, LLC,

Date filed: February 23, 2010
Trial date: None set

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Defendants.
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__________________________________________/

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JOINT STIPULATION VACATING PRE-TRIAL AND TRIAL DATES
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AND SETTING STATUS CONFERENCE; ORDER

JURY TRIAL DEMANDED

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JOINT STIPULATION

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WHEREAS Defendant JOHN H. HAGENER brought a motion to stay this civil case

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brought by plaintiff SECURITIES AND EXCHANGE COMMISSION (“SEC”) until the

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companion criminal charges pending in state court are resolved;

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WHEREAS the SEC and defendant LAWRENCE “LEE” LOOMIS (“LOOMIS”) did not

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object to an order vacating the currently set pre-trial and trial dates and setting a further status

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conference to assess the status of potential criminal charges brought against any of the defendants

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in this action;

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WHEREAS on June 6, 2011, this Court ordered the parties to submit a joint stipulation no

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later than June 21, 2011 proposing a date for a status conference and clearing the current pre-trial

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and trial dates;

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WHEREAS for some reason none of the SEC attorneys received electronic notice of the

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Court’s order, and the SEC attorney for whom defendant HAGENER’s counsel left messages is

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on leave from the SEC;

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NOW THEREFORE the parties to this action hereby stipulate and agree that the current

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pre-trial and trial dates are vacated, and that the Court shall hold a further status conference on

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this case on January 18, 2012, at 10:00 a.m.

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SO STIPULATED:

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Dated: June _______, 2011

____/s/__Klaus J. Kolb____________

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Klaus J. Kolb
Attorney for Defendant
John H. Hagener

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Dated: June _______, 2011

______/s/__Lawrence “Lee” Loomis___
Lawrence “Lee” Loomis
Defendant in Pro Per

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JOINT STIPULATION VACATING PRE-TRIAL AND TRIAL DATES
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AND SETTING STATUS CONFERENCE; ORDER

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SO STIPULATED:

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Dated: June _______, 2011

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________/s/___Mark P. Fickes______
Mark P. Fickes
Attorney for Plaintiff
Securities and Exchange Commission

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ORDER
Upon consideration of the parties’ Stipulation, and for good cause shown in defendant

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Hagener’s motion for stay and the SEC’s limited opposition thereto, the Court hereby orders the

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pre-trial and trial date set in this case vacated, and orders a further status conference set on

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January 18, 2012, at 10:00 a.m. The parties are ordered to file a joint status conference statement

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no later than 14 days before the further status conference date.

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IT IS SO ORDERED.
Dated: July 11, 2011.

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UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION VACATING PRE-TRIAL AND TRIAL DATES
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AND SETTING STATUS CONFERENCE; ORDER