Securities and Exchange Commission v. McClellan et al

Filing 22

ORDER CONTINUING CASE MANAGEMENT CONFERENCE Case Management Conference set for 4/21/2011 03:00 PM. Signed by Judge Alsup on February 28, 2011. (whalc2, COURT STAFF) (Filed on 2/28/2011)

Securities and Exchange Commission v. McClellan et al

Doc. 22

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KEKER & VAN NEST LLP ELLIOT R. PETERS - #158708 [e-mail] CHRISTOPHER C. KEARNEY - #154101 [e-mail] JENNIFER A. HUBER - #250143 [e-mail] JOHN C. BOSTIC - #264367 [e-mail] 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ARNOLD A. MCCLELLAN CLARENCE DYER & COHEN LLP NANCI L. CLARENCE - #122286 [e-mail] NICOLE HOWELL NEUBERT - #246078 [e-mail] 899 Ellis Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ANNABEL MCCLELLAN UNITED STATES DISTRICT COURT

17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 Plaintiff, 21 v. 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT CASE NO. CV-10-5412-WHA Dockets.Justia.com

SECURITIES AND EXCHANGE COMMISSION,

Case No. CV-10-5412-WHA STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT Judge: Hon. William H. Alsup

ARNOLD A. MCCLELLAN and ANNABEL MCCLELLAN, Defendants.

545411.01

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This Stipulation is made pursuant to Local Rule 6-1(b) by and between Plaintiff Securities and Exchange Commission ("SEC"), and Defendants Arnold McClellan and Annabel McClellan (collectively, "Defendants") through their respective attorneys. The SEC and Defendants (collectively, the "parties") stipulate that: 1. The parties previously stipulated to an extension of time for Defendants to

answer or otherwise respond to the complaint until February 25, 2011. 2. 3. A case management conference in this case is currently set for March 11, 2011. The parties have begun the meet and confer process, including several substantive

conversations, consistent with Federal Rule of Civil Procedure 26(f). 4. In the related criminal case currently pending before this Court, U.S. v. Annabel

McClellan, 3:10-cr-00860-WHA, the United States Attorney's Office produced over 47,000 pages of material that is highly relevant to the SEC's claims at issue here. 5. The Defendants have requested additional time to review this material, enable a

meaningful discussion of this case, and to prepare their answers or responses to the complaint in view of the issues raised by the complaint and recently-produced material. 6. 7. The SEC has agreed to this extension. A status conference in U.S. v. Annabel McClellan, 3:10-cr-00860-WHA, is

currently set for April 5, 2011. Based on the foregoing, the parties, by and through their counsel of record, have agreed that Defendants' time to answer or otherwise response to the complaint shall be extended for a period of 55 days, or until April 20, 2011. THEREFORE, the parties hereby stipulate as follows: 1. Defendants' answer or response to the complaint shall be served and filed no later

than April 20, 2011. 2. The deadlines in the Court's November 30, 2010 and December 21, 2010 case

management scheduling orders shall be vacated and rescheduled as follows:

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545411.01

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT CASE NO. CV-10-5412-WHA

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Date 3/31/2011 4/14/2011 4/21/2011

Event Last day to meet and confer re: initial disclosures, early settlement, and discovery plan Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report, and file Case Management Statement Initial Case Management Conference, Courtroom 9, 19th Floor at 3:00 p.m.

Dated: February 18, 2011

KEKER & VAN NEST LLP

By: _/s/: Christopher Kearney ELLIOT R. PETERS CHRISTOPHER C. KEARNEY Attorneys for Defendant ARNOLD A. MCCLELLAN Dated: February 18, 2011 CLARENCE DYER & COHEN LLP

By: __/s/: Nanci Clarence NANCI CLARENCE NICOLE HOWELL NEUBERT Attorneys for Defendant ANNABEL MCCLELLAN Dated: February18, 2011 SECURITIES AND EXCHANGE COMMISSION

The Court feels it is time to get this case moving. Counsel shall be prepared at the case By: _/s/:__Robert Tashjian management conference to discuss ways in ROBERT TASHJIAN which discovery and perhaps motion practice can LLOYD FARNHAM proceed, even if defendants intend to exercise Attorneys for Plaintiff their rights under the Fifth Amendment. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: February 28, 2011. HONORABLE WILLIAM H. ALSUP

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545411.01

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT CASE NO. CV-10-5412-WHA