Securities & Exchange Commission v. Mazzola et al

Filing 35

ORDER EXTENDING TIME FOR DISCOVERY AND RESCHEDULING TRIAL DATE. Signed by Judge Maxine M. Chesney on March 25, 2013. (mmclc1, COURT STAFF) (Filed on 3/25/2013)

1 MARC J. FAGEL (Cal. Bar No. 154425)
ROBERT L. MITCHELL (Cal Bar No. 161354)
2 [e-mail]
ROBERT L. TASHJIAN (Cal Bar No. 191007)
3 [e-mail]
ERIN E. SCHNEIDER (Cal. Bar No. 216114)
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5 Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
6 44 Montgomery Street, Suite 2800
San Francisco, CA 94104
7 [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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SECURITIES AND EXCHANGE COMMISSION, Case No. 12-cv-1258 MMC
STIPULATION AND [PROPOSED] ORDER
Plaintiff,
EXTENDING TIME FOR DISCOVERY AND
RESCHEDULING TRIAL DATE
v.
FRANK MAZZOLA,
FELIX INVESTMENTS, LLC, and
FACIE LIBRE MANAGEMENT
ASSOCIATES, LLC,
Defendants.

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SEC V. MAZZOLA, ET AL.
STIPULATION

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WHEREAS, following the exchange of the parties’ initial disclosures, plaintiff Securities and

2 Exchange Commission (the “Commission”) completed production of relevant documents that it
3 collected during its pre-filing investigation;
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WHEREAS, defendants timely responded to the Commission’s Requests for Production and

5 have begun producing responsive documents;
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WHEREAS, defendants informed the Commission that due to the scope of documents

7 potentially responsive to the Commission’s requests, in particular, extensive electronically stored
8 information, they do not believe that they can complete production of responsive documents until
9 mid-April 2013 at the earliest;
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WHEREAS, the parties anticipate the need for third party discovery, including depositions;

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WHEREAS, the current cutoff for non-expert fact discovery, as Ordered by the Court, is

12 April 19, 2013 (see Minute Order (Dkt. 30), attached; see also Pretrial Preparation Order (Dkt. 31));
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WHEREAS, based on defendants’ estimated time to complete production of responsive

14 documents and the time required for anticipated third party discovery, the parties believe that they
15 will need additional time to prepare for depositions of parties and non-parties in this matter, which
16 would affect their ability to be ready for trial on October 21, 2013, the current trial date scheduled by
17 the Court (see id.); and
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WHEREAS, after meeting and conferring with counsel, including newly retained counsel for

19 Defendants (see Dkt. 33), the parties agreed to make this request to the Court to modify the Pretrial
20 Preparation Order (Dkt. 31) to extend the discovery period and reschedule the trial and pretrial dates.
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THEREFORE, the parties hereby agree and stipulate that:

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1.

All written non-expert fact discovery shall, subject to Paragraph No. 5 below, be

23 propounded with a return date on or before April 19, 2013;
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2.

Notwithstanding the limit on the number of depositions in Rule 30(a) of the Federal

25 Rules of Civil Procedure, each party shall be entitled to take 15 depositions without seeking leave of
26 Court;
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3.

Notices for all depositions of both parties and non-parties, subject to Paragraph No. 5,

28 below, shall be served no later than April 19, 2013;

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SEC V. MAZZOLA, ET AL.
STIPULATION

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4.

All depositions of fact witnesses shall be completed no later than July 19, 2013;

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5.

The parties shall meet and confer should any party determine that additional discovery

3 is required to be propounded after the date set forth in Paragraph Nos. 1 and 3, above. If the parties
4 stipulate to the additional discovery, then such discovery shall be allowed without leave of the
5 Court. If the parties are not able to stipulate to the additional discovery, a party make seek leave of
6 the Court to permit such discovery;
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6.

A settlement conference before Magistrate Judge Joseph C. Spero, as previously

8 ordered, shall take place in late July or early August 2013;
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7.

Parties shall designate their experts, if any, and make disclosures pursuant to

10 Rule 26(a) of the Federal Rules of Civil Procedure, no later than August 9, 2013;
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8.

Parties shall designate their rebuttal experts, if any, and make disclosures pursuant to

12 Rule 26(a) of the Federal Rules of Civil Procedure, no later than September 6, 2013;
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9.

All expert discovery shall be completed by September 27, 2013;

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10.

The parties shall file a Further Status Conference Statement no later than October 4,

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The parties shall attend a Further Status Conference by telephone on October 11,

15 2013;
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17 2013, or at a time and date as the Court shall Order;
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12.

The parties shall file dispositive motions, if any, no later than October 18, 2013;

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13.

Lead trial counsel shall meet and confer pursuant to Rule 16-10(b)(5) of the Court’s

20 Local Rules no later than December 10, 2013;
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14.

The parties shall attend a Pretrial Conference on January 7, 2014, at 10:00 a.m. PST,

22 or at a time and date as the Court shall Order;
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15.

Trial shall commence on January 20, 2014, at 9:00 a.m. PST or at a time and date as

24 the Court shall Order; and
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SEC V. MAZZOLA, ET AL.
STIPULATION

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16.

Except as modified above, the parties shall comply with the Court’s Pretrial

2 Preparation Order (Dkt. 31) entered July 17, 2012, in every other respect.
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4 DATED: March 11, 2013

Respectfully submitted,

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/s/ Robert L. Mitchell
ROBERT L. MITCHELL

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Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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/s/ Jahan Raissi
JAHAN RAISSI
Shartsis Friese LLP
One Maritime Plaza, 18th Fl.
San Francisco, CA 94111

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Scott A. Resnik
Emily Stern
KATTEN MUCHIN ROSENMAN LLP
575 Madison Avenue
New York, NY 10022
Attorneys for Defendants
FRANK MAZZOLA,
FELIX INVESTMENTS, LLC, and
FACIE LIBRE MANAGEMENT
ASSOCIATES, LLC

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* * *

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PURSUANT TO STIPULATION, IT IS SO ORDERED. An amended Pretrial Preparation Order
will be filed concurrently herewith.

23 Dated: March ___, 2013
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United States District Court Judge

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SEC V. MAZZOLA, ET AL.
STIPULATION