Securities and Exchange Commission v. Gowrish et al

Filing 32

ORDER continuing motion to 5/14/10 (tf, COURT STAFF) (Filed on 4/28/2010)

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MORGAN, LEWIS & BOCKIUS LLP JOHN H. HEMANN, State Bar No. 165823 STEPHANIE L. JOHNSON, State Bar No. 246073 JASON B. ALLEN, State Bar No. 251759 One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] Attorneys for Defendant VINAYAK S. GOWRISH THOMAS E. STEVENS, State Bar No. 168362 11th Floor, Federal Building 450 Golden Gate Ave., Box 36055 San Francisco, CA 94102 Tel: [phone] Fax: [phone] E-mail: [e-mail] Attorney for Third Parties FEDERAL BUREAU OF INVESTIGATION U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaintiff,

Case No. CV 09-5883 (SI) STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE ON MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY THE FEDERAL BUREAU OF INVESTIGATION AND THE U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CALIFORNIA Date: Time: Courtroom: Judge: May 14, 2010 9:00 a.m. 10, 19th Floor Hon. Susan Illston

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

VINAYAK S. GOWRISH,

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DB2/21687882.1

(CV 09-5883 SI)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

WHEREAS, on March 26, 2010, at the first Case Management Conference in this action, the Court advised that Mr. Gowrish's motion to compel production of documents (the "motion to compel") by third parties the Federal Bureau of Investigation ("FBI") and U.S. Attorney's Office for the Northern District of California ("USAO") could be subject to a modified briefing schedule pursuant to stipulation; WHEREAS, on April 9, 2010, Mr. Gowrish filed his motion to compel, originally noticed for hearing on May 7, 2010, along with a stipulation and proposed order modifying the briefing schedule; WHEREAS, on April 12, 2010, the Court entered the order modifying the briefing schedule on the motion to compel as stipulated; WHEREAS, on April 20, 2010, pursuant to the order modifying the briefing schedule, the FBI and USAO filed their brief in opposition to the motion to compel; WHEREAS, on April 20, 2010, the FBI and USAO additionally filed an administrative motion to submit a supplemental memorandum and declarations in camera and under seal (the "administrative motion"); WHEREAS, counsel for Mr. Gowrish recently suffered a physical injury that has forced him to be out of the office during the week of April 19 to April 23, 2010; /// /// /// /// /// /// /// /// /// /// ///
DB2/21687882.1

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1

(CV 09-5883 SI)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

NOW THEREFORE, FOR GOOD CAUSE SHOWN, MR. GOWRISH, THE FBI, AND THE USAO HEREBY STIPULATE and AGREE as follows: The hearing on Mr. Gowrish's motion to compel is continued until May 14, 2010, at 9:00 a.m. Mr. Gowrish's reply brief in support of his motion to compel must be filed no later than April 30, 2010. Mr. Gowrish's brief in opposition to the administrative motion of the FBI and USAO must be filed no later than April 30, 2010. IT IS SO STIPULATED. Dated: April 23, 2010 MORGAN, LEWIS & BOCKIUS LLP By /s/ John H. Hemann JOHN H. HEMANN

Attorneys for Defendant VINAYAK S. GOWRISH Dated: April 23, 2010 By /s/ Thomas E. Stevens THOMAS E. STEVENS

Attorney for Third Parties FEDERAL BUREAU OF INVESTIGATION U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CALIFORNIA

PURSUANT TO STIPULATION, IT IS SO ORDERED.

4/27/10 Dated: _______________________, 2010

_______________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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DB2/21687882.1

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(CV 09-5883 SI)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, JASON B. ALLEN, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE ON MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY THE FEDERAL BUREAU OF INVESTIGATION AND THE U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CALIFORNIA. In compliance with General Order 45, X.B., I hereby attest that the signatories above have concurred in this efiling. I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. Executed on this 23rd day of April, 2010 at San Francisco, California.

MORGAN, LEWIS & BOCKIUS, LLP

/s/ Jason B. Allen Jason B. Allen

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DB2/21687882.1

3

(CV 09-5883 SI)

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE

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MORGAN, L E W I S & B O C K I U S LLP
ATTORNEYS AT LAW S A N FR A N C I S C O

PROOF OF SERVICE
Securities and Exchange Commission v. Gowrish, et al; USND CV 09-5883 (SI) (We represent Defendant Gowrish)

I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is One Market, Spear Street Tower, San Francisco, California 94105-1126. On April 23, 2010, I served the within document(s) to the addressees listed below as listed on the United States District Court's ECF Notification "Manual Notice List." STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND MODIFYING BRIEFING SCHEDULE ON MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY THE FEDERAL BUREAU OF INVESTIGATION AND THE U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CALIFORNIA Addressee Robert B. Kaplan Securities and Exchange Commission 100 F Street, NE Washington, DC 20549 Represent Plaintiff, SEC Service U.S. Mail

by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as set forth below.

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on April 23, 2010, at San Francisco, California. I declare under penalty of perjury, under the laws of the State of California, that the above is true and correct. /s/ Linda Buda Linda Buda

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DB2/21687882.1

(CV 09-5883 SI) PROOF OF SERVICE