Securities and Exchange Commission v. Kara et al

Filing 78

STIPULATION AND ORDER continuing Further Case Management Conference to 8/23/2010 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 6/22/2010. (awb, COURT STAFF) (Filed on 6/23/2010)

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MARC J. FAGEL (Cal. Bar No. 154425) ROBERT TASHJIAN (Cal. Bar No. 191007) [e-mail] MARK P. FICKES (Cal. Bar No. 178570) [e-mail] LLOYD FARNHAM (Cal. Bar No. 202231) [e-mail] Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, 26th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v.

Case No. CV 09-1880 MHP JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE AND DISCOVERY DEADLINES

MAHER F. KARA, MICHAEL F. KARA, EMILE Y. JILWAN, ZAHI T. HADDAD, BASSAM Y. SALMAN, and KARIM I. BAYYOUK, [PROPOSED ORDER] Defendants.

This matter is currently set for a further Status Conference on June 28, 2010. The Status Conference has been previously continued to follow the Trial and Motions Setting Conference in the related criminal action pending before the Court involving three of the same defendants. The parties to the criminal action have stipulated to continue the Trial and Motions Setting Conference until August 2, 2010. Accordingly, in order to permit the criminal action to proceed and permit the parties to continue to discuss resolution of the civil action, the parties request that the Court continue certain discovery deadlines by about 60 days and reschedule the further Status Conference in this case to August 23, 2010. Case No. CV 09-1880 MHP 1 JOINT STATUS REPORT AND STIPULATION

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A.

STATUS OF THE CASE Three of the defendants in this civil action are also defendants in a related criminal case,

U.S. v. Maher Fayez Kara, et al., No. CR 09-0417 MHP. Maher Kara, Michael Kara, and Emile Jilwan are accused of securities fraud based on the same factual allegations as those made in the Commission's civil complaint. By a stipulation filed on June 17, 2010, the parties to the criminal action have requested that the Court hold the criminal Trial and Motions Setting Conference on August 2, 2010. The Court has not yet set a trial date for either the criminal case or this related civil action. Discovery is underway in the civil case, and the Commission has produced documents obtained during its investigation, pursuant to initial disclosure obligations and defendants' document requests, and defendants have responded to the document requests served by the Commission. The parties have conducted two third-party depositions, and have agreed to reschedule others in order to attempt to resolve the claims in the civil case. B. STIPULATION TO CONTINUE STATUS CONFERENCE AND DISCOVERY The parties to the civil case agree that the status conference and other discovery dates should be continued by about 60 days, and that discovery should be stayed until a further status conference is held. This stay in the discovery in this action will permit the parties to the criminal case to work toward a resolution of that case, and permit the Commission and the parties to discuss resolution of the civil claims. The parties stipulate to continuing the following dates, by 56 days: Event or deadline Further Status Conference Disclosure of witnesses, case in chief Discovery cut-off Plaintiff's expert designation and reports Defendants' expert designation and reports Current Date June 28, 2010 September 13, 2010 October 11, 2010 November 8, 2010 November 24, 2010 Proposed Continued Date August 23, 2010 November 8, 2010 December 6, 2010 January 3, 2011 January 19, 2011

Case No. CV 09-1880 MHP

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JOINT STATUS REPORT AND STIPULATION

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Event or deadline Plaintiff's rebuttal expert designation and reports Defendants' rebuttal expert designation and reports Dispositive motions to be heard

Current Date December 10, 2010 December 17, 2010 January 31, 2011

Proposed Continued Date February 4, 2011 February 11, 2011 March 28, 2011

Dated: June 21, 2009

/s/ Robert Tashjian ROBERT TASHJIAN Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION /s/ George C. Harris GEORGE C. HARRIS Morrison & Foerster LLP Attorneys for Defendant MAHER KARA /s/ Ismail Ramsey ISMAIL RAMSEY Ramsey & Ehrlich LLP Attorneys for Defendant MICHAEL F. KARA /s/ William H. Green WILLIAM H. GREEN Attorneys for Defendant EMILE Y. JILWAN /s/ Patrick W. Blegen PATRICK W. BLEGEN Attorneys for Defendant BASSAM Y. SALMAN /s/ Matthew F. Leitman MATTHEW F. LEITMAN Miller Canfield Paddock and Stone, PLC Attorneys for Defendant KARIM I. BAYYOUK GENERAL ORDER 45 ATTESTATION

In accordance with General Order 45, each of the signatories to this documents have concurred in its filing, and I shall maintain records to support these concurrences. /s/ Robert Tashjian ROBERT TASHJIAN Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION

Case No. CV 09-1880 MHP

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JOINT STATUS REPORT AND STIPULATION

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[PROPOSED] ORDER

The Court has considered the materials and papers submitted by counsel in this matter and for good cause shown, IT IS HEREBY ORDERED as follows: The Status Conference previously set for June 28, 2010 is vacated and rescheduled for August 23, 2010, at 3:00 p.m., with a joint status report to be filed one week prior to the conference. Discovery in this case shall be stayed until the Status Conference on August 23, 2010. The following discovery deadlines previously set by the Court are continued to the following dates:

August 23, 2010 November 8, 2010 December 6, 2010 January 3, 2011 January 19, 2011 February 4, 2011 February 11, 2011 March 28, 2011

Disclosure of witnesses, case in chief Discovery cut-off Plaintiff's expert designation and reports Defendants' expert designation and reports Plaintiff's rebuttal expert designation and reports Defendants' rebuttal expert designation and reports Dispositive motions to be heard

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_______________________________ RDERE IS SO O IT Judge Marilyn H. Patel United Stated District Court atel lyn H. P ge Mari Jud

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