Securities and Exchange Commission v. Kara et al

Filing 86

STIPULATION AND ORDER extending discovery deadlines; Further Case Management Conference RESET TO 5/9/2011 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 3/22/2011. (awb, COURT STAFF) (Filed on 3/22/2011)

Securities and Exchange Commission v. Kara et al

Doc. 86

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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.

By Order dated January 25, 2011, this matter is currently set for a further Status Conference on March 28, 2011. 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 April 25, 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. The hearing regarding the

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JOINT STATUS REPORT AND STIPULATION
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competency of this defendant in the criminal action took place on March 21, 2011, with an order to be issued by the court, and the defendants in the criminal proceeding have been ordered to appear before the court on April 25, 2011. Accordingly, the parties to this civil action request that the Court continue certain discovery deadlines by about 45 days and reschedule the further Status Conference in this case to May 9, 2011. A. STATUS OF THE CASE Three of the defendants in this civil action are also defendants in a related criminal case, United States 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 adjourned the criminal action until April 25, 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 45 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 42 days: Event or deadline Further Status Conference Disclosure of witnesses, case in chief Discovery cut-off Plaintiff's expert designation and reports Current Date March 28, 2011 June 17, 2011 July 15, 2011 August 19, 2011 Proposed Continued Date May 9, 2011 July 29, 2011 August 26, 2011 September 30, 2011

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Event or deadline Defendants' expert designation and reports Plaintiff's rebuttal expert designation and reports Defendants' rebuttal expert designation and reports Dispositive motions to be heard Dated: March 21, 2011

Current Date August 31, 2011 September 16, 2011 October 5, 2011 November 14, 2011

Proposed Continued Date October 12, 2011 October 28, 2011 November 16, 2011 December 19, 2011

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/s/ Lloyd Farnham LLOYD FARNHAM 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 document have concurred in its filing, and I shall maintain records to support these concurrences. /s/ Lloyd Farnham LLOYD FARNHAM Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION

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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 March 28, 2011, is vacated and rescheduled for May 9, 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 May 9, 2011. The following discovery deadlines previously set by the Court are continued to the following dates:

May 9, 2011 July 29, 2011 August 26, 2011 September 30, 2011 October 12, 2011 October 28, 2011 November 16, 2011 December 19, 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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