Securities And Exchange Commission v. Cacchione

Filing 18

ORDER re 17 Stipulation filed by Securities And Exchange Commission Initial Case Management Conference set for 1/8/2010 08:30 AM.. Signed by Judge Charles R. Breyer on 11/19/09. (be, COURT STAFF) (Filed on 11/20/2009)

1 MARC J. FAGEL (Cal. Bar No. 154425) MARK P. FICKES (Cal. Bar No. 178570) 2 ([e-mail]) KRISTIN A. SNYDER (Cal. Bar No. 187175) 3 ([e-mail]) 4 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 5 44 Montgomery Street, Suite 2600 San Francisco, California 94104 6 Telephone: [phone] Facsimile: [phone] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the Securities and Exchange Commission ("Commission") brought the abovevs. DAVID SCOTT CACCHIONE, Defendant. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Case No. CV-09-1259 CRB STIPULATION AND [PROPOSED] ORDER TO EXTEND THE DEADLINE FOR THE INITIAL CASE MANAGEMENT CONFERENCE [Civ. L.R. 7-12] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

23 titled action against David Scott Cacchione ("Cacchione") on March 24, 2009; 24 WHEREAS, this Court entered Final Judgment as to all of the non-monetary relief sought by

25 the Commission against Cacchione on March 31, 2009; 26 WHEREAS, the only remaining issue in the above-titled action is the amount of disgorgement

27 and civil penalty to be imposed against Cacchione; 28
STIPULATION AND [PROPOSED] ORDER EXTENDING CMC DATE

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WHEREAS, Cacchione was initially scheduled to be sentenced in a related criminal action, United States of America v. David Scott Cacchione, CR-09-00296 CRB, on August 4, 2009, WHEREAS, Cacchione's sentencing date was postponed until September 29, 2009, and postponed a second time until October 7, 2009; WHEREAS Cacchione received a criminal sentence on October 7, 2009, which included a restitution order of approximately $47 million; WHEREAS, Cacchione's criminal restitution order relates to the monetary relief sought by the Commission; WHEREAS, an initial Case Management Conference was scheduled to occur in the abovetitled matter on Friday, July 17, 2009 at 8:30 a.m. in this Court; WHEREAS, the parties stipulated, and the Court ordered, to extend the date for such Case Management Conference until October 2, 2009, and then again until December 4, 2009; and WHEREAS, in the interest of efficiency, the parties seek to extend the date of the Case Management Conference until January 8, 2010, at which time the Commission can more fully consider what additional remedies, if any, it will seek in light of the criminal sentence imposed by the Court. IT IS SO STIPULATED. Dated: November 17, 2009 /s/ ______ Marc J. Fagel Mark P. Fickes Kristin A. Snyder Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION Dated: November 18, 2009

/s/ David Scott Cacchione David Scott Cacchione 11 Haciendas Drive Woodside, CA 94062 Telephone: [phone] PRO SE
STIPULATION AND [PROPOSED] ORDER EXTENDING CMC DATE

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1 2 3 4 5 PURSUANT TO STIPULATION, IT IS SO ORDERED that the initial Case Management Conference in the above-titled action will be continued from Friday, December 4, 2009 to Friday, January 8, 2010.

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Dated: ______________, 2009 November 19

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STIPULATION AND [PROPOSED] ORDER EXTENDING CMC DATE

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________________________________________ ERED O ORD Charles R. IT IS S Breyer United States District Judge

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