Securities And Exchange Commission v. Murray

Filing 86

ORDER RESETTING CMC. Case Management Statement due by 11/5/2015. Initial Case Management Conference set for 11/12/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/20/15. Copy mailed to James Murray. (bpf, COURT STAFF) (Filed on 5/20/2015) Modified on 5/20/2015 (bpf, COURT STAFF).

JASON M. HABERMEYER (Cal. Bar No. 226607)
[e-mail]
2 KAREN KREUZK.AMP (Cal. Bar No. 246151)
[e-mail]
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Attorneys for Plaintiff
4 SECURITIES AND EXCHANGE COMMISSION
44 Montgomery Street, Suite 2800
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: [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,

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Plaintiff,
v.
JAMES MICHAEL MURRAY,

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Case No. CV-12-1288-EMC

Defendant,

PLAINTIFF'S UPDATED CASE
MANAGEMENT CONFERENCE
STATEMENT ; order resetting cmc

and
EVENT TRADING GP, LLC,
Relief Defendant.

Case Management Conference
Date: May 21, 2015
Time: 9:30 a.m.
Honorable Edward M. Chen
Courtroom 5, 17th Floor

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Pursuant to Civil Local Rule 16-9 of the United States District Court for the Northern District

26 of California, plaintiff Securities and Exchange Commission ("Commission") submits the following
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Updated Case Management Statement.

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PLAl:-.ITIFF·s UPDATED CASE MANAGEMENT CONFERENCE STATEMET\'T

SEC V. MURRAY
CASE

No. 12-CV-1288-EMC

This case concerns alleged violations of the federal securities laws by defendant James
2 Michael Murray. As alleged in the Commission's Supplemental First Amended Complaint, Murray
3 served as investment adviser for Market Neutral Trading, LLC ("MNT"), an investment fund he
4 controlled. The Commission's complaint further alleges that in 2008, Murray raised approximately
5 $2 million from investors and distributed to investors a purported audit report from a fictitious firm
6 created by Murray that overstated the fund's financial results. The complaint also alleges that in
7 2011 and 2012, Murray raised an additional $5 million, soliciting investors using financial statements
8 and marketing materials that materially misstated the financial condition and performance of the
9 fund, as well as the amount of assets it had.
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On August 28, 2012, this Court issued an order granting defendant Murray's motion to stay
the proceedings in this case pending the resolution of the related criminal proceeding against him

12 (United States v. Murray, Case No. 3:12-cr-00278-EMC (N.D. Cal.)) (the "Criminal Action"). The
13 trial in the Criminal Action is scheduled to begin on September 21, 2015.
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In light of the Court's stay order, and the fact that the Criminal Action is still ongoing, the

15 parties have suspended the instant litigation and have not created a discovery plan or met and
16 conferred regarding a proposed schedule in this matter. To that end, the Commission's efforts to
17 serve and contact the defendant in this matter have been unsuccessful. Accordingly, the Commission
18 has no report to make to the Court at this time.
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DATED: May 19, 2015

Respectfully submitted,

IT IS SO ORDERED that the CMC is reset
to 11/12/15 at 9:30 a.m. An updated joint
cmc statement shall be filed by 11/5/15.
____________________________
S DISTRICT
TE
Edward M. Chen
C
TA
U.S. District Judge

Isl Jason M Habermeyer
Jason M. Habermeyer
Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

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MOTION TO RESCHEDULE CASE MANAGEMENT CONFERENCE
SEC V. MURRAY
CASE No. 12-CV-1288-EMC