Securities And Exchange Commission v. Daifotis et al

Filing 205

STIPULATION AND ORDER REGARDING SETTLEMENT WITH DEFENDANT KIMON P. DAIFOTIS AND VACATING CASE MANAGEMENT CONFERENCE re #204 Order on Stipulation, #203 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Regading Settlement With Defendant Kimon P. Daifotis, filed by Securities And Exchange Commission. Signed by Judge Alsup on July 17, 2012. (whalc2, COURT STAFF) (Filed on 7/17/2012)

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David J. Gottesman (Trial Counsel) (Illinois Bar No. 6182719)
([e-mail])
Frederick L. Block ([e-mail])
David S. Mendel ([e-mail])
Melissa R. Hodgman ([e-mail])
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
100 F Street, N.E.
Washington, DC 20549-4030
Telephone: [phone] (Gottesman)
Facsimile: [phone] (Gottesman)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,
vs.
KIMON P. DAIFOTIS and RANDALL MERK,
Defendants.

Case No. CV-11-0137 WHA
STIPULATON AND
[PROPOSED] ORDER
REGARDING SETTLEMENT
WITH DEFENDANT
KIMON P. DAIFOTIS AND
VACATING CASE MANAGEMENT
CONFERENCE

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STIPULATION REGARDING SETTLEMENT WITH
DEFENDANT KIMON P. DAIFOTIS

SEC v. DAIFOTIS
CASE NO. C-11-0137 WHA

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WHEREAS, Plaintiff U.S. Securities and Exchange Commission (“SEC”) and

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Defendant Kimon P. Daifotis (“Mr. Daifotis”) have reached a settlement which resolves all

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of the claims in this case;

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WHEREAS, Mr. Daifotis has executed a Consent to the entry of a proposed Final

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Judgment, and copies of the Consent and proposed Final Judgment are submitted with this

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Stipulation;

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WHEREAS, the parties request that the Court enter the proposed Final Judgment
submitted herewith;
WHEREAS, the case management conference set for July 18, 2012 appears
unnecessary in light of the settlement of this matter;

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THE PARTIES HEREBY STIPULATE AND AGREE, subject to the Court’s

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approval, that the proposed Final Judgment submitted herewith be entered, and that the case

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management conference set for July 18, 2012 be vacated.

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IT IS SO STIPULATED.
DATED: July 16, 2012
ATTORNEYS FOR PLAINTIFF:

ATTORNEYS FOR DEFENDANT
KIMON P. DAIFOTIS:

_________/s/ David J. Gottesman___
David J. Gottesman
Frederick L. Block
David S. Mendel
Melissa R. Hodgman

[Signed by consent – signature on file]
______________________________
David B. Bayless
Tammy Albarrán
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Respectfully submitted,

SECURITIES AND EXCHANGE
COMMISSION
100 F Street, N.E.
Washington, DC 20549-4030
Telephone: [phone] (Gottesman)
Facsimile: [phone] (Gottesman)

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STIPULATION REGARDING SETTLEMENT WITH
DEFENDANT KIMON P. DAIFOTIS

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SEC v. DAIFOTIS
CASE NO. C-11-0137 WHA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: July 17, 2012. , 2012.
WILLIAM H. ALSUP
William Alsup District Judge
United States
UNITED STATES DISTRICT JUDGE

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STIPULATION REGARDING SETTLEMENT WITH
DEFENDANT KIMON P. DAIFOTIS

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SEC v. DAIFOTIS
CASE NO. C-11-0137 WHA