Securities and Exchange Commission v. Olins et al

Filing 234

JOINT STIPULATION RE DECEMBER 18, 2015 STATUS CONFERENCE; ORDER. The December 18, 2015, status conference is continued to February 12, 2016, at 9:30 a.m. The parties will submit a joint statement on or before February 5, 2016, advising the Court of the status of the criminal case in the Southern District of New York. Signed by Judge Maxine M. Chesney on December 10, 2015. (mmclc2S, COURT STAFF) (Filed on 12/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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JOINT STIPULATION RE DECEMBER 18, 2015
STATUS CONFERENCE; [PROPOSED] ORDER

Plaintiff,

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Case No.: C 07-6423 MMC

v.
ROBERT OLINS, et al.,
Defendants.
On November 4, 2015, the Court held a conference call with the parties regarding
defendant Robert Olins’ Motion to Stay SEC Civil Contempt Hearing Pending Resolution of
Criminal Proceeding in the Southern District of New York (“Motion to Stay”) and defendant
Olins’ request to hear the Motion to Stay on shortened time. At the conclusion of the

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conference call, the Court granted defendant Olins’ request to hear the Motion to Stay on
Shortened Time and granted the Motion to Stay.

JOINT STIPULATION RE DECEMBER 18, 2015 STATUS CONFERENCE;
[PROPOSED] ORDER [Case No.: C 07-6423 MMC]

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During the November 4, 2015 telephonic hearing, the Court set a status conference on

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the SEC’s Motion for Order to Show Cause Why Defendant Robert Olins Should Not Be Held

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In Contempt of Court (hereinafter the “SEC’s Motion”) on December 18, 2015, at 9:30 a.m. to

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receive an update regarding the criminal case filed against defendant Olins in the Southern

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District of New York. The Court also request a joint statement regarding status to be filed on

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or before December 11, 2015.

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During the November 4, 2015 hearing, defense counsel for Mr. Olins represented that

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the U.S. Attorney’s Office for the Southern District of New York and the SEC were engaged in

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on-going discussions with Mr. Olins regarding his criminal matter. At that time, the parties

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agreed to have continued discussions and that an indictment would not be yet filed against Mr.

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Olins (Mr. Olins has been charged thus far by way of criminal complaint).

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As of today’s date, undersigned defense counsel has been told that although progress
has been made, discussions between the prosecution and defense continue and an indictment
has not yet been filed. The parties have tentatively agreed to move the December 14, 2015

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deadline date for an indictment to sometime in January or February 2016. It appears that
more information will be available sometime in January or February 2016.
As such, any status conference on the instant matter and the SEC’s Motion is

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premature and the parties jointly request and stipulate that the December 18, 2015 status

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conference be continued to February 12, 2016, at 9:30 a.m. The parties will submit an

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additional joint statement, on or before, February 5, 2016, advising the Court of the status of

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the criminal case in the Southern District of New York.

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///

JOINT STIPULATION RE DECEMBER 18, 2015 STATUS CONFERENCE;
[PROPOSED] ORDER [Case No.: C 07-6423 MMC]

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SO STIPULATED,

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Dated: December 9, 2015

______/s/______________________
JOHN SILBERMANN
Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

Dated: December 9, 2015

_____/s/____________________
EDWIN PRATHER
PRATHER LAW OFFICES
Attorneys for Defendant
ROBERT OLINS

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[PROPOSED] ORDER
GOOD CAUSE APPEARING and per the parties’ stipulation, the December 18, 2015

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status conference shall be continued to February 12, 2016, at 9:30 a.m. The parties will
submit a joint statement on or before, February 5, 2016, advising the Court of the status of the
criminal case in the Southern District of New York.
IT IS SO ORDERED.

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Dated: ____________________
December 10, 2015

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

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JOINT STIPULATION RE DECEMBER 18, 2015 STATUS CONFERENCE;
[PROPOSED] ORDER [Case No.: C 07-6423 MMC]

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