Securities & Exchange Commission v. Mazzola et al

Filing 109

ORDER APPROVING STIPULATION TO CONTINUE TRIAL DATE. The current trial dates are vacated. A case management conference is set for March 14, 2014, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than March 7, 2014. Signed by Judge Maxine M. Chesney on January 15, 2014. (mmclc1, COURT STAFF) (Filed on 1/15/2014)

1 JINA L. CHOI (N.Y. Bar No. 2699718)
MICHAEL S. DICKE (Cal. Bar No. 158187)
2 ROBERT L. MITCHELL (Cal. Bar No. 161354)
[e-mail]
3 ROBERT L. TASHJIAN (Cal Bar No. 191007)
[e-mail]
4 AARON ARNZEN (Cal. Bar No. 218272)
[e-mail]
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Attorneys for Plaintiff
6 SECURITIES AND EXCHANGE COMMISSION
44 Montgomery Street, Suite 2800
7 San Francisco, CA 94104
[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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12 SECURITIES AND EXCHANGE COMMISSION, Case No. 12-cv-1258 MMC
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Plaintiff,
ORDER APPROVING

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v.

15 FRANK MAZZOLA,
FELIX INVESTMENTS, LLC, and
16 FACIE LIBRE MANAGEMENT
ASSOCIATES, LLC,
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Defendants.
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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TRIAL DATE
Current Trial Date: January 21, 2014
Time: 9:00 a.m.
Place: Courtroom 7, 19th Floor

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Plaintiff Securities and Exchange Commission (the “Commission”) and defendants Frank

2 Mazzola, Felix Investments, LLC, and Facie Libre Management Associates, LLC (collectively, the
3 “Defendants”) have entered into the following stipulation and ask the Court to enter the Proposed
4 Order continuing the trial date, as follows:
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1.

Defendants have submitted to the Commission a signed offer to settle this matter. If

6 accepted by the Commission and entered by the Court, Defendants’ offer of settlement would resolve
7 the claims in this matter entirely. The Commission’s undersigned counsel will recommend that the
8 Commission accept Defendants’ offer of settlement.
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2.

The Commission, as a public agency, follows a process for consideration of such

10 offers that Commission’s counsel estimates will require approximately six to eight weeks to
11 complete.
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3.

Selection of the jury in this matter is scheduled for January 16, 2014, and trial is

13 scheduled to begin on January 21, 2014.
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4.

The Commission and the Defendants believe it is in their best interests, and in the

15 interest of efficiency and judicial economy, to allow the time for the Commission to consider the
16 Defendants’ settlement offer prior to a jury trial of this matter. In particular, if the Commission
17 accepts the offer, a jury trial would be unnecessary and this case would be resolved subject to this
18 Court’s approval of the parties’ settlement.
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SEC V. MAZZOLA, ET AL., 12-CV-1258 MMC
STIPULATION AND PROPOSED ORDER TO CONTINUE TRIAL

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THEREFORE, the parties agree and hereby request the Court to vacate the current trial

2 dates. The parties further request that the Court set a case management conference for Friday,
3 March 14, 2014 at 10:30 a.m. By that date the parties expect to be able to apprise the Court as to
4 the acceptance or rejection of the offer.
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IT IS SO STIPULATED.

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8 DATED: January 13, 2014

Respectfully submitted,

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/s/ Robert L. Tashjian
ROBERT L. TASHJIAN
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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/s/ Jahan Raissi
JAHAN RAISSI
Attorney for Defendants
FRANK MAZZOLA,
FELIX INVESTMENTS, LLC, and
FACIE LIBRE MANAGEMENT
ASSOCIATES, LLC

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20 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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IT IS FURTHER ORDERED that the parties shall file, no later than March 7, 2014, a Joint Case Management
Statement.

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24 Dated: January 15, 2014
Hon. Maxine M. Chesney
United States District Judge

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SEC V. MAZZOLA, ET AL., 12-CV-1258 MMC
STIPULATION AND PROPOSED ORDER TO CONTINUE TRIAL