Securities And Exchange Commission v. Wu et al

Filing 41

ORDER GRANTING 40 Stipulation to Continue. Case Management Statement due by 1/18/2013. Case Management Conference set for 1/25/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 9/11/12. (jjoS, COURT STAFF) (Filed on 9/11/2012)

Case3:11-cv-04988-JSW Document40 Filed09/07/12 Page1 of 3

1 COOPER, WHITE & COOPER LLP
STEPHEN KAUS (SBN 57454)
2 skaus(£cwc1aw.com

201 California Street, 1 ih Floor
3 San Francisco, California 94111

Telephone: [phone]
4 Facsimile: [phone]

5 Attorneys for Defendant THOMAS T. YU
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 SECURTIES AN EXCHANGE

CASE NO. C 11-04988 JSW

COMMISSION,
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Plaintiff,
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STIPULA TION TO CONTINUE
CASE MANAGEMENT CONFERENCE
AND (PROPOSED) ORDER

vs.
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Date: September 14, 2012

THOMAS S. WU, EBRAIM SHABUDIN,
15 THOMAS T. YU and CRAG S. ON,

Time: 1 :30 p.m.
Crtrm. : 1 1, Hon. Jeffrey S. White

Defendants.

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This case is set for a Case Management Conference on September 14, 2012. As the Court
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is aware, there are two related proceedings that affect the discovery in this matter: the criminal
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case against defendants Ebrahim Shabudin and Thomas Yu pending in this Court and the FDIC
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administrative case against all three defendants and others. i According to a status report
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submitted in the criminal case, the Department of Justice continues to upload data to Relativity
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platform at the Litigation Technology Service Center (LTSC) in Columbia, South Carolina and
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reports that it is progressing toward making the large volume of documents obtained from United
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26 i There is also a related civil case, Cho et ai. v. UCBH Holdzngs et ai., No. C 09-4208 JSW, that

27 is. still in the pleading stage and that is expected to proceed independently with regard to

discovery.

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COOPER, WHITE
& COOPER LLP
ATTORNEYS LAW
AT
201 CALIFORNIASTREET
SAN FRANCISCO, CA 94111

C 11-04988 JSW

JOINT STIPULATION TO CONTINU CASE MANAGEMENT CONFERENCE

Case3:11-cv-04988-JSW Document40 Filed09/07/12 Page2 of 3

1 Commercial Bank by the FDIC available to defendants. At present, the defendants are reviewing
2 a substantial, but more limited, set of documents made available by the FDIC. The Court has been
3 requested to schedule a continued Status Conference in the criminal case for January 24,2013.

4 The parties to this civil case brought by the SEC submit this Stipulation to Continue Case
5 Management Conference and Proposed Order, requesting the Court continue the Case
6 Management Conference to January 25,2013, at 1 :30 p.m., or a date convenient for the Court.
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The discovery for the three cases overlaps substantially. The parties believe that it is

8 premature to set a schedule for discovery, pretrial, and trial at this time. According to the Third
9 Joint Status report in the criminal case, the DOJ project is proceeding and all materials, consisting

10 of millions of documents, are expected to be on line by November 30, 2012. Then, of course, they
11 must be reviewed with the assistance of electronic discovery techniques. The parties believe that

12 it would not be productive to discuss a discovery and trial schedule until the criminal case

13 discovery issues are resolved.
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For the reasons discussed above, the parties jointly request and stipulate that the Case

15 Management Conference in this case be continued to January 25,2013, or a date convenient for
16 the Court.
17 Dated: September 7,2012

Respectfully submitted,

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sf

LLOYD FARAM
Attorneys for Plaintiff

SECURTIES AN EXCHANGE COMMISSION
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sf

STEVEN M. BAUER
Latham & Watkins LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111

ATTORNYS FOR DEFENDANT THOMAS WU
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COOPER, WHITE
& COOPER LLP
ATTORNEYS LAW
AT
201 CALIFORNIASTREET
SAN FRANCISCO, CA 94111

2 C 11-04988 JSW

JOINT STIPULATION TO CONTINU CASE MANAGEMENT CONFERENCE

Case3:11-cv-04988-JSW Document40 Filed09/07/12 Page3 of 3

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sf

JAMS LASSART

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Ropers Majeski Kohn Bentley PC
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201 Spear Street, Suite 1000

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ATTORNYS FOR DEFENDANT EBRAIM

San Francisco, CA 94105
SHABUDIN
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sf

STEPHEN KAUS
Cooper, White & Cooper LLP
201 California Street, 17th Floor
San Francisco, CA 94111

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ATTORNYS FOR DEFENDANT THOMAS YU
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GENERAL ORDER 45 ATTESTATION

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the signatories to this document have

In accordance with General Order 45, each of

13 concurred in its fiing, and I shall maintain records to support these concurrences.
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sf

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Stephen Kaus
Attorney for Defendant Thomas Y u

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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 September 14, 2012, is continued to January 25,2013, at 1:30 pm.

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DATED: September 11, 2012

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Jeffrey S. White

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United States District Judge
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699433.2

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COOPER, WHITE
& COOPER LLP
ATTORNEYS LAW
AT
201 CALIFORNIASTREET
SAN FRANCISCO, CA 94111

3 C 11-04988 JSW

JOINT STIPULATION TO CONTINU CASE MANAGEMENT CONFERENCE