Securities And Exchange Commission v. Wu et al

Filing 37

ORDER GRANTING 36 STIPULATION to Continue Case Management Conference. Case Management Statement due by 6/29/2012. Case Management Conference set for 7/6/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 5/22/12. (jjoS, COURT STAFF) (Filed on 5/22/2012)

Case3:11-cv-04988-JSW Document36 Filed05/21/12 Page1 of 3

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MARC J. FAGEL (Cal. Bar No. 154425)
MICHAEL S. DICKE (Cal. Bar No. 158187)
ROBERT L. MITCHELL (Cal. Bar No. 161354)
[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]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No. 11-CV-4988 JSW

SECURITIES AND EXCHANGE
COMMISSION,

STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

Plaintiff,
v.
THOMAS S. WU, EBRAHIM SHABUDIN,
and THOMAS T. YU,

Case Management Conference
Date: May 25, 2012
Time: 1:30 p.m.
Honorable Jeffrey S. White
Courtroom 11, 19th Floor

Defendants.

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In advance of the Case Management Conference scheduled before the Court on May 25,

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2012, the above parties submitted a Joint Case Management Statement on May 18, 2012, along

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with a request to continue the Case Management Conference to a later date. The parties now

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submit this separate Stipulation to Continue Case Management Conference and Proposed Order,

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requesting the Court continue the Case Management Conference to June 22, 2012, at 1:30 p.m.

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As set forth in the Joint Case Management Statement, there are significant issues

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regarding the discovery in this case that may be affected by proceedings in a related criminal
SEC V. WU, ET AL.
CASE NO. 11-CV-4988 JSW

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND ORDER

Case3:11-cv-04988-JSW Document36 Filed05/21/12 Page2 of 3

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case pending before this Court. The parties in the criminal case are scheduled to appear for a

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Status Conference before this Court on June 7, 2012.
The parties believe that it is premature to set a schedule for discovery, pretrial, and trial at

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this time. The defendants named in the related criminal case, pending before this Court, and the

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parties to the administrative proceedings before the Federal Deposit Insurance Corporation

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(“FDIC”), are conferring regarding defendants’ access to the large volume of bank documents

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obtained by the FDIC. In a submission to this Court in the criminal case, dated April 26, 2012,

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the United States Attorney’s Office and the Department of Justice outlined a proposal regarding

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a DOJ-administered database of documents that would be available to the defendants in this

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action and the related criminal and administrative cases. The DOJ proposal is currently being

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evaluated, and the Court rescheduled the criminal Status Conference to June 7, 2012. The parties

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to this case believe that it would not be productive to discuss a discovery and trial schedule in the

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Commission’s civil case until the criminal case discovery issues are resolved.
For the reasons discussed above, the parties jointly request and stipulate that the Case

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Management Conference in this case be continued to June 22, 2012, or a date convenient for the

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Court.

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Dated: May 21, 2012

Respectfully submitted,

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/s/ Lloyd Farnham
LLOYD FARNHAM
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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/s/ Steven Bauer
STEVEN M. BAUER
Latham & Watkins LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
ATTORNEYS FOR DEFENDANT THOMAS WU

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SEC V. WU, ET AL.
CASE NO. 11-CV-4988 JSW

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND ORDER

Case3:11-cv-04988-JSW Document36 Filed05/21/12 Page3 of 3

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/s/ James Lassart
JAMES LASSART
Ropers Majeski Kohn Bentley PC
201 Spear Street, Suite 1000
San Francisco, CA 94105
ATTORNEYS FOR DEFENDANT EBRAHIM
SHABUDIN

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/s/ Stephen Kaus
STEPHEN KAUS
Cooper, White & Cooper LLP
201 California Street, 17th Floor
San Francisco, CA 94111
ATTORNEYS FOR DEFENDANT THOMAS YU

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GENERAL ORDER 45 ATTESTATION
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In accordance with General Order 45, each of the signatories to this document have
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concurred in its filing, and I shall maintain records to support these concurrences.
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/s/ Lloyd Farnham
LLOYD FARNHAM
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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[PROPOSED] ORDER
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The court HEREBY ORDERS, pursuant to the above stipulation, that the Case Management
July 6
Conference currently set for May 25, 2012, is continued to June 22, 2012, at 1:30 pm.

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DATED: May 22, 2012

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Jeffrey S. White
United States District Judge

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SEC V. WU, ET AL.
CASE NO. 11-CV-4988 JSW

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND ORDER