Securities and Exchange Commission v. Kara et al

Filing 151

STIPULATION AND ORDER re 150 STIPULATION WITH PROPOSED ORDER to Continue Motion for Summary Judgment filed by Michael F. Kara Case Management Statement due by 1/28/2016. Further Case Management Conference set for 2/4/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 2/4/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen (bpf, COURT STAFF) (Filed on 10/26/2015)

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ISMAIL RAMSEY (Bar No. 189820)
[e-mail]
KATHARINE KATES (Bar No. 155534)
[e-mail]
RAMSEY & EHRLICH LLP
803 Hearst Avenue
Berkeley, CA 94710
[phone] (Tel)
[phone] (Fax)

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Attorneys for Defendant Mounir Fayez Kara (Michael Kara)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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SECURITIES AND EXCHANGE
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COMMISSION,
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Plaintiff,
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vs.
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MOUNIR FAYEZ KARA,
(also known as Michael F. Kara)
Defendant

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Case No.: 09-cv-1880 EMC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE MOTION
FOR SUMMARY JUDGMENT

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Request to Continue Motion for Summary Judgment
Case No. 09-cv-1880 EMC

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On August 27, 2015, this Court ordered Plaintiff Securities and Exchange

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Commission (“Commission”) to file a Motion for Summary Judgment by October 29,

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2015, with Defendant Mounir (Michael) Kara to file an opposition on November 19,

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2015. The reply is due on December 3, 2015, and the hearing is set for December 17,

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2015 at 1:30 p.m.; a further Case Management Conference was scheduled for the same

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date and time . An updated Case Management Statement was ordered to be filed by

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December 10, 2015(Docket No. 148).

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Defense counsel, Ismail Ramsey (appointed as CJA counsel) and Katharine Kates,
are starting a six-week criminal ERISA fraud trial before the Honorable Yvonne

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Gonzalez Rogers of this Court on October 30, 2015, USA v. Benson, Case No. 4:12-cr-

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00480-YGR. In connection with the case, defense counsel have also commenced a

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Kastigar hearing before Judge Cousins on October 20, which is continuing daily.

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Due to the time commitment necessary to adequately prepare for and participate in

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the trial and the related evidentiary hearing, it would not also be possible for defense

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counsel to respond to a motion for summary judgement on the current schedule. Defense

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counsel has therefore requested that the Commission stipulate to a request that the Court

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continue the Briefing Schedule and Hearing for the Motion for Summary Judgment. In

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view of the reasons presented by defense counsel, the Commission does not oppose this

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request.

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Therefore, the parties hereby stipulate and request that the Court set a new hearing
date and briefing schedule as follows:

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 December 21, 2015 : Plaintiff’s Motion for Summary Judgment to be filed

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 January 6, 2016: Defendant’s Opposition to Motion for Summary Judgment to be

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filed

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 January 21, 2016: Plaintiff’s Reply to be filed

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 January 28, 2016: Updated Case Management Statement to be filed

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Request to Continue Motion for Summary Judgment
Case No. 09-cv-1880 EMC

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 February 4, 2016: Hearing on Plaintiff’s Motion for Summary Judgment/ Further
Case Management Conference at 1:30 pm

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Dated: October 21, 2015

Respectfully Submitted,

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RAMSEY & EHRLICH LLP

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//s//

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ISMAIL J. RAMSEY
ATTORNEY FOR MOUNIR KARA

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GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED.

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LI

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M. Che

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RT

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NO

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dward
Judge E

R NIA

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S DISTRICT
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___________________________________
THE HONORABLE EDWARD M. CHEN
DERED
UNITEDS SO OR DISTRICT JUDGE
STATES
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October 26, 2015

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Dated:

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UNIT
ED

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D IS T IC T
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OF

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Request to Continue Motion for Summary Judgment
Case No. 09-cv-1880 EMC

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Request to Continue Motion for Summary Judgment
Case No. 09-cv-1880 EMC