Securities And Exchange Commission v. Murray

Filing 72

STIPULATION AND ORDER re 71 STIPULATION WITH PROPOSED ORDER to Reschedule Case Management Conference filed by Securities And Exchange Commission Case Management Statement due by 7/24/2014. Case Management Conference set for 7/31/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/6/14. (bpf, COURT STAFF) (Filed on 1/6/2014)

Case3:12-cv-01288-EMC Document71 Filed01/02/14 Page1 of 3
1 ROBERT L. MITCHELL (Cal. Bar No.161354)
[e-mail]
2 KAREN KREUZKAMP (Cal. Bar No. 246151)
[e-mail]
3
Attorneys for Plaintiff
4 SECURITIES AND EXCHANGE COMMISSION
44 Montgomery Street, Suite 2800
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: [phone]
7
8
9
10
UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14

SECURITIES AND EXCHANGE COMMISSION, Case No. CV-12-1288-EMC

15
16
17

Plaintiff,

JAMES MICHAEL MURRAY,

18
19

STIPULATION TO RESCHEDULE CASE
MANAGEMENT CONFERENCE

v.

Defendant,
and

20 EVENT TRADING GP, LLC,
21

Relief Defendant.

22
23
24
25
26
27
28
2

STIPULATION TO RESCHEDULE CASE MANAGEMENT CONFERENCE
SEC V. MURRAY
CASE NO. 12-CV-1288-EMC

Case3:12-cv-01288-EMC Document71 Filed01/02/14 Page2 of 3
1

WHEREAS, plaintiff Securities and Exchange Commission (“the Commission”) filed its

2 civil complaint against defendant James Michael Murray on March 15, 2012, its first amended
3 complaint on June 14, 2012, and a supplemental first amended complaint on January 9, 2013;
4

WHEREAS, the Government filed a criminal complaint against Mr. Murray on February 16,

5 2012, United States v. James Murray, Case No. 3:12-cr-00278-EMC (N.D. Cal.), an indictment on
6 April 19, 2012, a superseding indictment on June 14, 2012, and a second superseding indictment on
7 September 17, 2013, which include wire fraud charges based on the same conduct alleged in the
8 Commission’s complaint (the “criminal action”);
9
10

WHEREAS, the civil action and the criminal action were subsequently related (Dkt. No. 22);
WHEREAS, the Court previously granted Mr. Murray’s motion to stay the proceedings,

11 including the time to answer and discovery in this action because of the pending criminal action
12 against him (Dkt. 38);
13

WHEREAS, the criminal action against Mr. Murray is ongoing, with a status/trial set hearing

14 on February 5, 2014 ( Case No. 3:12-cr-00278, Dkt. No. 151);
15

WHEREAS, the parties in the instant case are scheduled to have a case management

16 conference with the Court on January 9, 2014 (Dkt. No. 59);
17

WHEREAS, in light of the Court’s stay order and the fact that the criminal action against Mr.

18 Murray is still ongoing, the parties have suspended the instant litigation and therefore have no report
19 to make to the Court;
20

WHEREAS, the parties have met and conferred and expect to resume the Commission’s civil

21 action once final judgment is entered in the criminal action;
22

THEREFORE, the parties stipulate and agree, and ask the Court to adopt as its Order, that:

23

1. Proceedings in the instant action remain stayed until final judgment is entered in the

24 criminal action;
25

2. The stay of proceedings shall relieve defendant of his obligation to answer or

26 otherwise respond to the supplemental first amended complaint as long as the stay is in effect;
27
28
2

STIPULATION TO RESCHEDULE CASE MANAGEMENT CONFERENCE
SEC V. MURRAY
CASE NO. 12-CV-1288-EMC

Case3:12-cv-01288-EMC Document71 Filed01/02/14 Page3 of 3
1

3. Discovery shall be stayed during the pendency of the stay of proceedings with the

2 exception that any party may serve subpoenas for documents upon third parties, provided that the
3 Commission shall not disclose any such discovery to the United States Attorney’s Office prosecuting
4 the criminal action absent further order by this Court;
5

4. Upon expiration of the stay, defendant shall answer or otherwise respond to the

6 supplemental first amended complaint within thirty (30) days; and
7

5. Upon expiration of the stay, the parties shall file a joint case management statement,

8 including a proposed plan for a discovery schedule, within thirty (30) days.
9
10 DATED:

January 2, 2014

Presented by,

11
12
13
14
15
16

/s/ Robert L. Mitchell
Robert L. Mitchell

/s/ James Murray
James Murray
Defendant
c/o GeoCare
111 Taylor Street
San Francisco, CA 94102

Attorney for Plaintiff
SECURITIES & EXCHANGE
COMMISSION
44 Montgomery Street, Suite 2800
San Francisco, CA 94104
[phone]

17
18

22

PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset for
7/31/14 at 9:00 a.m. A
joint CMC Statement shall
6th
Jan.
be filed
Dated this ____ day of _____ 2014.
by
7/24/14.

23

S
27

RDERE
S SO O IED
IT I
DIF
AS MO

en
d M. Ch
e Edwar
Judg
STIPULATION TO RESCHEDULE CASE MANAGEMENT CONFERENCE
3
SEC V. MURRAY

NO

28

_____________________________________
United D
States District Judge

RT

FO

26

UNIT
ED

25

RT
U
O

24

S DISTRICT
TE
C
TA

R NIA

21

*

H

ER

LI

20

*

A

19

*

N

F
D IS T IC T O
R

C

CASE NO. 12-CV-1288-EMC