Securities and Exchange Commission v. Olins et al

Filing 189

JOINT STIPULATION AND ORDER RE RESCHEDULING HEARING ON MOTION. Signed by Judge Maxine M. Chesney on July 7, 2014. (mmclc2, COURT STAFF) (Filed on 7/7/2014)

1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14
15
16
17
18

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

Case No.: CV 07-6423 MMC
JOINT STIPULATION AND [PROPOSED] ORDER
RE RESCHEDULING HEARING ON MOTION

v.
ROBERT OLINS, SPATIALIGHT, INC.
and ARGYLE CAPITAL
MANAGEMENT CORP.,
Defendants.

19

On June 30, 2014, Plaintiff Securities and Exchange Commission filed a Notice of

20

Motion, Motion and Brief in Support of Motion for Order to Show Cause Why Defendant Robert

21

Olins Should Not Be Held in Contempt of Court. The hearing on the motion is currently

22

scheduled for August 8, 2014, at 9:00 a.m.

23

After receiving the motion via the Court’s Case Management/Electronic Case File

24

System, on July 3, 2014, counsel for defendant Robert Olins contacted Plaintiff’s counsel. The

25

motion was a surprise to defendant Olins as he had been participating in the liquidation of

JOINT STIPULATION AND [PROPOSED] ORDER RE RESCHEDULING
HEARING ON MOTION [Case No.: CV 07-6423 MMC]

1

1

assets by a receiver through the judgment filed in the U.S. District Court for the Southern

2

District of New York (1:11-mc-00261-P1). The parties discussed some of the matters

3

contained in the Motion, but agreed to allow defense counsel to research the matters

4

contained in the Motion and to meet and confer regarding those matters. The parties agreed

5

that a short continuance of the hearing on the Motion was in order to allow the parties to have

6

meaningful discussions.

7

On July 3, 2014, defense counsel also contacted the Court’s Courtroom Deputy who

8

indicated that the Court was available to hear the motion on the parties’ selected date of

9

September 26, 2014, at 1:00 p.m.

10

Defense counsel, located in the Northern District of California, who will appear at the

11

hearing on this Motion is also out of the district between July 26 and August 20, 2014, and

12

would be unavailable to appear at the August 8, 2014 hearing date.

13

As such, to allow for a meaningful meet and confer and due to counsel’s unavailability,

14

the parties stipulate and request that the Court vacate the hearing date of August 8, 2014, and

15

continue the hearing to September 26, 2014, at 9:00 a.m. The parties further stipulate and

16

request that Defendant will file any opposition to the Motion on or before August 26, 2014.

17

Plaintiff will file any reply on or before September 3, 2014.

18

SO STIPULATED:

19
20

Dated: July 7, 2014

______/s/______________________
JOHN S. SILBERMAN
Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

Dated: July 7, 2014

_____/s/____________________
EDWIN PRATHER
Attorney for Defendant
ROBERT OLINS

21
22
23
24
25

JOINT STIPULATION AND [PROPOSED] ORDER RE RESCHEDULING
HEARING ON MOTION [Case No.: CV 07-6423 MMC]

2

1
2

[PROPOSED] ORDER
GOOD CAUSE APPEARING and per the parties’ stipulation, the hearing for

3
4
5

Plaintiff’s Motion for Order to Show Cause Why Defendant Robert Olins Should Not Be Held in
Contempt of Court is hereby continued until September 26, 2014, at 9:00 a.m. Defendant will

6

file any opposition to the Motion on or before August 26, 2014. Plaintiff will file any reply on or

7

before September 3, 2014.

8

IT IS SO ORDERED.

9

July 7, 2014
Dated: ____________________

10

_______________________________
HON. MAXINE M. CHESNEY
U.S. DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

JOINT STIPULATION AND [PROPOSED] ORDER RE RESCHEDULING
HEARING ON MOTION [Case No.: CV 07-6423 MMC]

3