Securities & Exchange Commission v. Pegasus Wireless Corporation et al

Filing 97

ORDER GRANTING 96 Stipulation to Extend Deadlines: Case Management Statement due by 8/19/2011. Case Management Conference set for 8/26/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 8/12/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/9/11. (jjoS, COURT STAFF) (Filed on 5/9/2011)

Case3:09-cv-02302-JSW Document96

Filed05/06/11 Page1 of 3

1 MARC J. FAGEL (Cal. Bar. No. 154425)
ROBERT L. MITCHELL (Cal. Bar No. 161354)
2 [e-mail]
ROBERT S. LEACH (Cal. Bar No. 196191)
3 [e-mail]
SUSAN FLEISCHMANN (Cal. Bar No. 207194)
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5 Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
6 44 Montgomery Street, Suite 2600
San Francisco, California 94104
7 Telephone: [phone]
Facsimile: [phone]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

13 SECURITIES AND EXCHANGE COMMISSION, No. 3:09-cv-02302-JSW
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Plaintiff,

STIPULATION AND [PROPOSED] ORDER
TO EXTEND DEADLINES
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vs.
AND ORDER REQUIRING
16 PEGASUS WIRELESS CORPORATION, JASPER RESPONSE ON DOCKET NO. 93
KNABB, and STEPHEN DURLAND,
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Defendants,
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and
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AERO-MARINE, LLC and TAMMY KNABB,
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Relief Defendants.
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On March 24, 2011, based on a stipulation of the parties, the Court entered an order extending

24 the deadline for dispositive motions in this case to July 15, 2011, in order to allow plaintiff Securities
25 and Exchange Commission to consider whether to ratify proposed settlements with defendant Jasper
26 Knabb and relief defendant Tammy Knabb, as a result of a Court-ordered mediation.
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28 Stipulation and [Proposed] Order to Extend

Deadlines
SEC v. Pegasus Wireless Corporation, et al.
Case No. 3:09-cv-02302-JSW

Case3:09-cv-02302-JSW Document96
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Filed05/06/11 Page2 of 3

Since that time, the Commission staff has submitted its settlement recommendation for
review. However, the Commission requires that the staff obtain additional tax and financial
information in order to consider and vote on the recommendation. The parties have already requested
this information and expect to have it shortly.
In light of this unexpected delay, and to allow the Commission to vote whether to ratify
settlements that would conclude the litigation as to Jasper Knabb and Tammy Knabb, the parties
respectfully request that the Court enter an order that: (1) vacates the current deadline of July 15,
2011 for the hearing of dispositive motions in this case; (2) sets a new deadline of August 12, 2011;
and schedule a case management conference for August 12, 2011, or as soon thereafter as the Court’s
schedule permits.

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Dated: May 6, 2011

Respectfully submitted,

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/s/ Robert L. Mitchell
Robert L. Mitchell
Robert S. Leach
Susan Fleischmann

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Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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Dated: May 6, 2011

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/s/ Christopher Bruno
Christopher Bruno
BRUNO & DEGENHARDT
10615 Judicial Drive
Suite 703
Fairfax, VA 22030

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Attorneys for Defendant
JASPER KNABB

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Stipulation and [Proposed] Order to Extend
Deadlines
SEC v. Pegasus Wireless Corporation, et al.
Case No. 3:09-cv-02302-JSW

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Case3:09-cv-02302-JSW Document96
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Dated: May 6, 2011

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/s/ Nina Marino
Nina Marino
KAPLAN MARINO, PC
9454 Wilshire Blvd Ste 500
Suite 500
Beverly Hills, CA 90212-2908

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Attorneys for Relief Defendant
TAMMY KNABB

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ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED THAT: (1) the current deadline of July
15, 2011 for the hearing of dispositive motions in this case is vacated; (2) the new deadline for hearing
dispositive motions is August 12, 2011; and (3) a case management conference is hereby scheduled for
It is FURTHER ORDERED that the parties shall advise the Court
August 26, 2011
1:30 p.m.
__________________ at ________. by May 20, 2011, whether a ruling is necessary on the Motion to
Appoint Counsel filed by Mr. Durland (Docket No. 93), or whether
SO ORDERED.
that matter has been resolved.

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Date: ______________________
May 9, 2011

________________________________
U.S. District Judge

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Stipulation and [Proposed] Order to Extend
Deadlines
SEC v. Pegasus Wireless Corporation, et al.
Case No. 3:09-cv-02302-JSW

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