Securities And Exchange Commission v. Wu et al

Filing 50

ORDER GRANTING 49 STIPULATION continue Case Management Conference. Case Management Statement due by 6/14/2013. Case Management Conference set for 6/21/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 4/22/13. (jjoS, COURT STAFF) (Filed on 4/22/2013)

Case3:11-cv-04988-JSW Document49 Filed04/19/13 Page1 of 3

1
2
3
4
5
6
7

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]

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13

Case No. 11-CV-4988 JSW

SECURITIES AND EXCHANGE
COMMISSION,

14
15
16
17
18

JOINT STATUS REPORT AND
STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE

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

Case Management Conference
Date: April 26, 2013
Time: 1:30 p.m.
Honorable Jeffrey S. White
Courtroom 11, 19th Floor

Defendants.

19
20
21
22
23
24
25
26

[PROPOSED] ORDER

This case is set for a Case Management Conference on April 26, 2013. As discussed in
prior joint submissions to the Court, the proceedings and discovery in this case will be affected
by issues also being addressed in two related proceedings, the criminal case against defendants
Ebrahim Shabudin and Thomas Yu pending in this Court and the FDIC administrative case
against all three defendants and others. The Department of Justice (DOJ) recently completed
compilation of an omnibus database to be used in all three of the aforementioned actions.

27
28
SEC V. WU, ET AL.
CASE NO. 11-CV-4988 JSW

1

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND ORDER

Case3:11-cv-04988-JSW Document49 Filed04/19/13 Page2 of 3

1

That database, to which the criminal defendants obtained access within the last thirty days,

2

includes some seven million documents.

3

In light of the large volume of documentary discovery contained in the newly accessible

4

DOJ Database, on April 11, 2013 the Court continued the criminal case for status conference on

5

May 30, 2013 in order to allow the parties time to evaluate that database, and to meet and confer

6

regarding case scheduling and discovery related issues. Because of the overlapping discovery in

7

the three cases, the parties to the civil case submit this Stipulation to Continue the Case

8

Management Conference, requesting the Court continue the Conference to June 21, 2013, at 1:30

9

p.m., or a date convenient for the Court.

10

The parties believe that it is premature to set a schedule for discovery, pretrial, and trial at

11

this time. The defendants named in the related criminal case and the parties to the FDIC

12

administrative proceedings are in the process of evaluating a voluminous database of newly

13

available documents compiled by the DOJ. The parties believe it would not be productive to

14

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

15
16

For the reasons above, the parties jointly request and stipulate that the Case Management
Conference in this case be continued to June 21, 2013, or a date convenient for the Court.

17
18

Dated: April 19, 2013

Respectfully submitted,

19
/s/ Lloyd Farnham
LLOYD FARNHAM
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

20
21
22

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

23
24
25
26
27
28
SEC V. WU, ET AL.
CASE NO. 11-CV-4988 JSW

2

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND ORDER

Case3:11-cv-04988-JSW Document49 Filed04/19/13 Page3 of 3

1
2

/s/ James Lassart
JAMES LASSART
Ropers, Majeski, Kohn & Bentley PC
1001 Marshall Street, Suite 500
Redwood City, CA 94063
ATTORNEYS FOR DEFENDANT EBRAHIM
SHABUDIN

3
4
5
6

/s/ Edward L. Seidel
EDWARD L. SEIDEL
Cooper, White & Cooper LLP
201 California Street, 17th Floor
San Francisco, CA 94111

7
8
9

GEORGE COTSIRILOS
Cotsirilos & Campisano
250 Montgomery Street, Suite 1400
San Francisco, CA 94104
ATTORNEYS FOR DEFENDANT THOMAS YU

10
11
12
13
14

In accordance with Local Rule 5-1, each of the signatories to this document have
concurred in its filing, and I shall maintain records to support these concurrences.

15
/s/ Lloyd Farnham
LLOYD FARNHAM
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

16
17
18
19

[PROPOSED] ORDER
20
The court HEREBY ORDERS, pursuant to the above stipulation, that the Case Management
21
Conference currently set for April 26, 2013, is continued to June 21, 2013, at 1:30 pm.
22
23

DATED: April 22, 2013

24
25
Jeffrey S. White
United States District Judge

26
27
28
SEC V. WU, ET AL.
CASE NO. 11-CV-4988 JSW

3

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND ORDER