Federal Energy Regulatory Commission v. Barclays Bank PLC et al

Filing 91

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/2/15 re: 90 ORDERING as follows: 1) The time for Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith ("Defendants") to answer the Federal Energy Regulatory Commission's ("FERC") Petition for an Order affirming the Federal Energy Regulatory Commission's 7/16/13 Order Assessing Civil Penalties Against Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith is hereby EXTENDED until and including 6/17/15. 2. Defendants and FERC shall file any amendment or supplement to the Joint Report In Compliance With FRCP 26(f) And Court's Order Requiring Joint Status Report, which shall address the Parties' positions on the scope of the proceedings pursuant to Section 31(d)(3)(B) of the Federal Power Act and include a proposed briefing schedule on this issue, within 30 days of notice of the entry of this Order. (Meuleman, A)

1 THOMAS J. NOLAN (SBN 66992)
[e-mail]
2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue
3 Suite 3400
Los Angeles, California 90071-3144
[phone]
4 Telephone:
Facsimile:
[phone]
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Please see continuation page for a complete
6 list of the parties and their respective counsel.
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 FEDERAL ENERGY REGULATORY
COMMISSION,
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Petitioner,
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v.
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BARCLAYS BANK PLC; DANIEL BRIN;
15 SCOTT CONNELLY; KAREN LEVINE; and
RYAN SMITH,
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Respondents.
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CASE NO.: 2:13-cv-02093-TLN-DAD
JOINT STIPULATION REGARDING
AMENDED JOINT RULE 26(f) REPORT
AND EXTENDING TIME TO SERVE
ANSWER
Courtroom:
Presiding:

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Hon. Troy L. Nunley

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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

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CONTINUATION SHEET: PARTIES AND THEIR RESPECTIVE COUNSEL

2 JAY B. KASNER (Admitted Pro Hac Vice)
[e-mail]
3 STEVEN R. GLASER (Admitted Pro Hac Vice)
[e-mail]
4 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Four Times Square
5 New York, New York 10036
Telephone:
[phone]
6 Facsimile:
[phone]
7 PATRICK FITZGERALD (Admitted Pro Hac Vice)
[e-mail]
8 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
155 North Wacker Drive
9 Chicago, Illinois 60606
Telephone:
[phone]
10 Facsimile:
[phone]
11 JOHN N. ESTES III (Admitted Pro Hac Vice)
[e-mail]
12 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
1440 New York Avenue, N.W.
13 Washington, D.C. 20005
Telephone:
[phone]
14 Facsimile:
[phone]
15 GREGORY A. MARKEL (Admitted Pro Hac Vice)
[e-mail]
16 CADWALADER, WICKERSHAM & TAFT LLP
One World Financial Center
17 New York, New York 10281
Telephone:
[phone]
18 Facsimile:
[phone]
19 PAUL J. PANTANO JR. (Admitted Pro Hac Vice)
[e-mail]
20 JODI L. AVERGUN (Admitted Pro Hac Vice)
[e-mail]
21 CADWALADER, WICKERSHAM & TAFT LLP
700 Sixth Street, N.W.
22 Washington, D.C. 20001
Telephone:
[phone]
23 Facsimile:
[phone]
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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

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CONTINUATION SHEET: PARTIES AND THEIR RESPECTIVE COUNSEL

2 SETH P. WAXMAN (Admitted Pro Hac Vice)
[e-mail]
3 DAN M. BERKOVITZ (Admitted Pro Hac Vice)
[e-mail]
4 JONATHAN G. CEDARBAUM (Admitted Pro Hac Vice)
[e-mail]
5 HEATHER M. ZACHARY (Admitted Pro Hac Vice)
[e-mail]
6 WILMER CUTLER PICKERING HALE AND DORR LLP
1875 Pennsylvania Avenue, N.W.
7 Washington, D.C. 20006
Telephone:
[phone]
8 Facsimile:
[phone]
9 MARK C. KALPIN (Admitted Pro Hac Vice)
[e-mail]
10 WILMER CUTLER PICKERING HALE AND DORR LLP
60 State Street
11 Boston, Massachusetts 02109
Telephone:
[phone]
12 Facsimile:
[phone]
13 Attorneys for Defendant BARCLAYS BANK PLC
14 SUSAN L. GERMAISE (SBN 176595)
[e-mail]
15 McGUIREWOODS LLP
1800 Century Park East, 8th Floor
16 Los Angeles, California 90067
Telephone:
[phone]
17 Facsimile:
[phone]
18 TODD MULLINS (Admitted Pro Hac Vice)
[e-mail]
19 McGUIREWOODS LLP
2001 K Street, N.W.
20 Washington, D.C. 20006-1040
Telephone:
[phone]
21 Facsimile:
[phone]
22 ALLISON D. CHARNEY (Admitted Pro Hac Vice)
[e-mail]
23 McGUIREWOODS LLP
1345 Avenue of the Americas, 7th Floor
24 New York, New York 10105
Telephone:
[phone]
25 Facsimile:
[phone]
26 Attorneys for Defendants DANIEL BRIN
and SCOTT CONNELLY
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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

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CONTINUATION SHEET: PARTIES AND THEIR RESPECTIVE COUNSEL

2 MARK E. MCKEEN (SBN 130950)
[e-mail]
3 PAUL HASTINGS LLP
55 Second Street, Twenty-Fourth Floor
4 San Francisco, California 94105
Telephone:
[phone]
5 Facsimile:
[phone]
6 MICHAEL L. SPAFFORD (Admitted Pro Hac Vice)
[e-mail]
7 VICTORIA L. TAYLOR (Admitted Pro Hac Vice)
[e-mail]
8 J. BUB WINDLE (Admitted Pro Hac Vice)
[e-mail]
9 PAUL HASTINGS LLP
875 15th Street, N.W.
10 Washington, D.C. 20005
Telephone:
[phone]
11 Facsimile:
[phone]
12 Attorneys for Defendants KAREN LEVINE
and RYAN SMITH
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DAVID A. APPLEBAUM
14 [e-mail]
WESLEY J. HEATH
15 [e-mail]
EMILY C. SCRUGGS
16 [e-mail]
MARIA CRISTINA MELENDEZ
17 [e-mail]
Office of Enforcement
18 888 1st Street, N.E.
Washington, D.C. 20426
19 Telephone:
[phone]
20 Attorneys for FEDERAL ENERGY
REGULATORY COMMISSION
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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

JOINT STIPULATION

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The Federal Energy Regulatory Commission (“FERC”), on the one hand, and

3 Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith
4 (collectively, “Defendants” and, with FERC, the “Parties”), on the other hand, by and through their
5 respective counsel, hereby stipulate and agree as follows:
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1.

On May 20, 2015, this Court issued an order dated May 19, 2015, denying

7 Defendants’ Motion to Dismiss or, in the Alternative, to Transfer.
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2.

On May 26, 2015, counsel for the Parties met and conferred to discuss an agreement

9 to extend the time for Defendants to serve an answer to FERC’s Petition for an Order Affirming
10 the Federal Energy Regulatory Commission’s July 16, 2013 Order Assessing Civil Penalties
11 Against Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith
12 (the “Petition”). The Parties also discussed the need to update the Joint Report In Compliance
13 With FRCP 26(f) And Court’s Order Requiring Joint Status Report filed with this Court on
14 December 16, 2013 (the “Joint Rule 26(f) Report”). The Parties agreed to continue to meet and
15 confer for the next thirty days to discuss the Parties’ positions on discovery and a schedule for the
16 Parties to submit any amendment or supplement to the Joint Rule 26(f) Report, which shall address
17 the Parties’ positions on the scope of the proceedings pursuant to Section 31(d)(3)(B) of the
18 Federal Power Act. Defendants maintain that additional briefing on the scope of the proceedings is
19 necessary in light of additional issues arising from the Court’s May 19, 2015 order, and the Parties’
20 ongoing meet and confer efforts regarding discovery. Although FERC does not think additional
21 briefing on this issue is necessary, it does not oppose Defendants’ request for such briefing, and the
22 Parties will include a proposed briefing schedule in the Joint Rule 26(f) Report should the Court
23 order further briefing.
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3.

The Parties have agreed upon the following schedule:
a.

and including June 17, 2015;

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Defendants’ time to serve an answer to the Petition shall be extended until

b.

The Parties shall file any amendment or supplement to the Joint Rule 26(f)
Report, which shall address the Parties’ positions on the scope of the
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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

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proceedings pursuant to Section 31(d)(3)(B) of the Federal Power Act and

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include a proposed briefing schedule on this issue, within thirty days of

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notice of the Court’s entry of the proposed order attached as Exhibit A.

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4.

Accordingly, the Parties respectfully request that the Court enter the proposed order

5 attached as Exhibit A, which (1) extends the time for Defendants to serve an answer to the Petition;
6 and (2) establishes a schedule for the Parties to submit any amendment or supplement to the
7 previously filed Joint Rule 26(f) Report, which shall address the Parties’ positions on the scope of
8 the proceedings pursuant to Section 31(d)(3)(B) of the Federal Power Act and include a proposed
9 briefing schedule on this issue.
10 DATED: June 1, 2015
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By: /s/ Thomas J. Nolan
Thomas J. Nolan
Attorneys for BARCLAYS BANK PLC

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DATED: June 1, 2015
CADWALADER, WICKERSHAM & TAFT LLP

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By: /s/ Gregory A. Markel (as authorized on 6/1/15)
Gregory A. Markel
Attorneys for BARCLAYS BANK PLC

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DATED: June 1, 2015
WILMER CUTLER PICKERING HALE AND DORR LLP
By: /s/ Seth Waxman (as authorized on 6/1/15)
Seth P. Waxman
Attorneys for BARCLAYS BANK PLC

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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

1 DATED: June 1, 2015
McGUIREWOODS LLP

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By: /s/ Todd Mullins (as authorized on 6/1/15)
Todd Mullins
Attorneys for DANIEL BRIN and SCOTT
CONNELLY

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DATED: June 1, 2015
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PAUL HASTINGS LLP
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By: /s/ Michael L. Spafford (as authorized on 6/1/15)
Michael L. Spafford
Attorneys for KAREN LEVINE
and RYAN SMITH

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11 DATED: June 1, 2015
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FEDERAL ENERGY REGULATORY COMMISSION

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By: /s/ Emily C. Scruggs (as authorized on 6/1/15)
Emily C. Scruggs
Attorneys for FEDERAL ENERGY REGULATORY
COMMISSION

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JOINT STIPULATION REGARDING AMENDED JOINT RULE 26(f) REPORT AND
EXTENDING TIME TO SERVE ANSWER

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ORDER

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Pursuant to the foregoing joint stipulation, and good cause appearing therefor, IT IS ORDERED
AS FOLLOWS:
1.

The time for Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, and

Ryan Smith (“Defendants”) to answer the Federal Energy Regulatory Commission’s (“FERC”)
Petition for an Order Affirming the Federal Energy Regulatory Commission’s July 16, 2013 Order
Assessing Civil Penalties Against Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine,
and Ryan Smith is hereby extended until and including June 17, 2015.
2.

Defendants and FERC shall file any amendment or supplement to the Joint Report

In Compliance With FRCP 26(f) And Court’s Order Requiring Joint Status Report, which shall
address the Parties’ positions on the scope of the proceedings pursuant to Section 31(d)(3)(B) of
the Federal Power Act and include a proposed briefing schedule on this issue, within thirty days of
notice of the entry of this Order.
IT IS SO ORDERED.
Dated: June 2, 2015

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Troy L. Nunley
United States District Judge

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ORDER