Securities And Exchange Commission v. Adams

Filing 14

STIPULATION AND ORDER TO VACATE THE DATE FOR HEARING PLAINTIFF'S APPLICATION TO COMPEL COMPLIANCE WITH ADMINISTRATIVE SUBPOENAS (whalc2, COURT STAFF) (Filed on 10/29/2008)

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Case 3:08-mc-80189-WHA Document 12 Filed 10/28/2008 Page 1 of 2 1 MARC J. FAGEL (Cal. Bar No. 154425) fagelm@sec.gov 2 MICHAEL S. DICKE (Cal. Bar No. 158187) dickem@sec.gov 3 SUSAN F. LAMARCA (Cal. Bar No. 215231) lamarcas@sec.gov 4 ROBERT S. LEACH (Cal. Bar No. 196191) leachr@sec.gov 5 SUSAN FLEISCHMANN (Cal. Bar No. 207194) fleischmanns@sec.gov 6 Attorneys for Applicant 7 SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, Suite 2600 8 San Francisco, California 94104 Telephone: (415) 705-2500 9 Facsimile: (415) 705-2501 10 11 12 13 14 15 SECURITIES AND EXCHANGE COMMISSION, 16 17 vs. Applicant, No. CV 08 80189 MISC WHA STIPULATION AND [PROPOSED] ORDER TO VACATE THE DATE FOR HEARING PLAINTIFF'S APPLICATION TO COMPEL COMPLIANCE WITH ADMINISTRATIVE SUBPOENAS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 18 CHARLES ADAMS, 19 20 21 22 Respondent. Plaintiff Securities and Exchange Commission and Respondent Charles Adams (the 23 "Parties"), by and through their respective counsel, respectfully submit this stipulation for the Court's 24 approval: 25 WHEREAS, the Court has ordered a hearing on October 30, 2008 on the Securities and 26 Exchange Commission's Application for an Order Compelling Compliance with Administrative 27 Subpoenas. 28 Stipulation and [Proposed] Order to Vacate Hearing Date on Pl. App. to Compel Compliance with Administrative Subpoenas 1 Case 3:08-mc-80189-WHA 1 Document 12 Filed 10/28/2008 Page 2 of 2 WHEREAS, Respondent, through counsel, appeared for sworn testimony on October 21, 2 2008, during which he invoked his Fifth Amendment right against self-incrimination. 3 THEREFORE, the Parties stipulate and agree, and respectfully request the Court, to vacate 4 the October 30, 2008 hearing on the Commission's application. 5 6 7 8 Dated: 9 10 11 12 13 UNIT ED IT IS SO STIPULATED: 10/28/2008 /s/ Susan Fleischmann______________ Susan Fleischmann, Esq. SECURITIES AND EXCHANGE COMMISSION /s/ Allan M. Lerner______________ Allan M. Lerner, Esq. LAW OFFICES OF ALLAN M. LERNER, P.A. S DISTRICT TE C TA Dated: 10/28/2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Order to Vacate Hearing Date on Pl. App. to Compel Compliance with Administrative Subpoenas 2 RT U O S A LI Dated: ____________________________________ ER C William H. Alsup N F D IS T IC T O R UNITED STATES DISTRICT JUDGE RT H FO IT IS SO ORDERED: October 29, 2008 Judge W illiam A lsup R NIA IT IS S O ORD ERED NO

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