Securities And Exchange Commission v. Wu et al

Filing 39

ORDER GRANTING 38 STIPULATION to Continue Case Management Conference: Case Management Statement due by 9/7/2012. Case Management Conference set for 9/14/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 7/2/12. (jjoS, COURT STAFF) (Filed on 7/2/2012)

Case3:11-cv-04988-JSW Document38 Filed07/02/12 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: July 6, 2012
Time: 1:30 p.m.
Honorable Jeffrey S. White
Courtroom 11, 19th Floor

Defendants.

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This case is set for a Case Management Conference on July 6, 2012, and the parties

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submitted a Joint Case Management Statement on May 18, 2012. The proceedings and

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discovery in this case will be affected by issues also being addressed in two related proceedings,

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the criminal case against defendants Ebrahim Shabudin and Thomas Yu and the FDIC

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administrative case against all three defendants. According to a status report submitted in the

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criminal case, the Department of Justice is progressing toward making available to the

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defendants the large volume of documents obtained from United Commercial Bank by the FDIC.
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 Document38 Filed07/02/12 Page2 of 3

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The Court has scheduled a continued Status Conference in the criminal case for September 10,

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2012. The parties to the civil case submit this Stipulation to Continue Case Management

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Conference and Proposed Order, requesting the Court continue the Case Management

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Conference to September 14, 2012, at 1:30 p.m, or a date convenient for the Court.

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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 and the parties to the FDIC

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administrative proceedings are seeking access to the large volume of documents obtained by the

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

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

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documents that would be available to the defendants in this action and the related cases.

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According to a submission dated June 1, 2012, the DOJ proposal is moving forward and is

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scheduled to be available by the Fall of 2012. The parties believe that it would not be productive

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to discuss a discovery and trial schedule until the criminal case discovery issues are resolved.

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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 September 14, 2012, or a date convenient

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for the Court.

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Dated: June 29, 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 Document38 Filed07/02/12 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
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Conference currently set for July 6, 2012, is continued to September 14, 2012, at 1:30 pm.
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DATED: July 2, 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