Securities and Exchange Commission v. Kara et al

Filing 82

STIPULATION AND ORDER: Further Case Management Conference reset for 1/31/2011 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 10/25/2010. (awb, COURT STAFF) (Filed on 10/26/2010)

Securities and Exchange Commission v. Kara et al

Doc. 82

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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 October 25, 2010. The Status Conference has been previously continued by the Court in order to follow the Trial and Motions Setting Conference in the related criminal action pending before the Court. Pursuant to a stipulation entered by the parties to the criminal action and on order of the Court, the Trial and Motions Setting Conference in the criminal action has now been continued to January 10, 2011. There are significant issues to be resolved in the criminal action, including the determination of the competency to enter a guilty plea by a defendant in the criminal action who is also a defendant in this civil action. Accordingly, the parties to this civil action request that the Court Case No. CV 09-1880 MHP 1 JOINT STATUS REPORT AND STIPULATION
Dockets.Justia.com

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continue certain discovery deadlines by about 90 days and reschedule the further Status Conference in this case to January 31, 2011. 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. The criminal indictment contains factual allegations also alleged in the Commission's civil action. The Court has set the criminal Trial and Motions Setting Conference for January 10, 2011. The Court has not set a trial date for either the related criminal case or this 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 agree that the status conference and other discovery dates should be continued by about 90 days, and that discovery should be stayed until a further status conference. This stay in the discovery in this action will permit the parties to the criminal case to try to resolve the case, and permit the parties to discuss resolution of the civil claims. The parties stipulate to continuing the following dates, by 98 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 Plaintiff's rebuttal expert designation and reports Current Date October 25, 2010 January 10, 2011 February 7, 2011 March 7, 2011 March 23, 2011 April 8, 2011 Proposed Continued Date January 31, 2011 April 18, 2011 May 16, 2011 June 13, 2011 June 29, 2011 July 15, 2011

Case No. CV 09-1880 MHP

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JOINT STATUS REPORT AND STIPULATION

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

Current Date April 15, 2011 May 30, 2011

Proposed Continued Date July 22, 2011 September 12, 2011

Dated: October 18, 2010

/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 October 25, 2010 is vacated and rescheduled for January 31, 2011, 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 January 31, 2011. The following discovery deadlines previously set by the Court are continued to the following dates:

January 31, 2011 April 18, 2011 May 16, 2011 June 13, 2011 June 29, 2011 July 15, 2011 July 22, 2011 September 12, 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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Judge Marilyn H. Patel United Stated District lCourt H. Pate Marilyn Judge

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