Securities and Exchange Commission v. eAdGear, Inc. et al

Filing 75

STIPULATION AND ORDER AS MODIFIED re 74 STIPULATION WITH PROPOSED ORDER to Continue Settlement Conference filed by Charles S. Wang Settlement Conference set for 8/21/2015 10:00 AM. Signed by Magistrate Judge Kandis A. Westmore on 4/27/15. (sisS, COURT STAFF) (Filed on 4/27/2015)

1
2
3
4
5
6
7

Wolf, Pennella & Stevens, LLP
Paul Delano Wolf, SBN 78624
Adam Pennella, SBN 246260
James Stevens, SBN 286646
717 Washington Street
Oakland, CA 94607
P. [phone]
F. [phone]
Counsel for Defendants
CHARLES S. WANG
QIAN CATHY ZHANG

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13

SECURITIES AND EXCHANGE
COMMISSION,

Case No. 3:14-cv-04294-RS (KAW)

14

Plaintiff,
15

17
18

STIPULATION AND PROPOSED ORDER
TO CONTINUE SETTLEMENT
CONFERENCE

v.

16

EADGEAR, INC., EADGEAR HOLDINGS
LIMITED, CHARLES S. WANG, FRANCIS
Y. YUEN, AND QIAN CATHY ZHANG,

19

Defendants,

20
21

LAURATA P. CHAN,

DATE: MAY 29, 2014
TIME: 11:00 A.M.
HONORABLE KANDIS A. WESTMORE

Relief Defendant.

22
23
24
25
26
27
28

//

1

1

STIPULATION AND [PROPOSED] ORDER

2

The Plaintiff Securities and Exchange Commission (the “SEC”), together with

3

Defendants eAdGear, Inc., eAdGear Holdings Limited, Francis Yuen, Charles Wang and Cathy
4
5

Zhang, and Relief Defendant Laurata Chan, through their respective counsel, respectfully submit

6

the following Stipulation and Proposed Order to continue the Settlement Conference in this

7

matter:

8

WHEREAS a request for referral to a Magistrate Judge was jointly requested by the

9

parties in the Joint Case Management Conference Statement, dated March 5, 2015 (Docket No.
10
11

65) and Ordered by this Court following the Case Management Conference on March 12, 2015;

12

WHEREAS it was stipulated in that Joint Case Management Conference Statement that

13

Defendants’ initial disclosures as well as related discovery deadlines were should be extended

14

due (in part) to the pendency of a related criminal case involving Defendants Wang and Yuen
15
16
17
18
19

(CR 14-488 YGR), and corresponding Fifth Amendment concerns, as well as to assist with
possible settlement of the case;
WHEREAS the requests for an extension of the Defendants’ initial disclosures and
related discovery deadlines were granted and a further Case Management Conference was set for

20

November 5, 2015 and Jury trial set for February 8, 2016
21
22
23
24
25

WHEREAS in the related criminal matter, Defendants Wang and Yuen have a currently
set Change of Plea date for May 27, 2015;
WHEREAS the Settlement Conference is currently scheduled for May 29, 2015,
pursuant to the Notice of Settlement Conference and Settlement Conference Order dated March

26

13, 2015 (Docket No. 71);
27
28

2

1
2

WHEREAS at least one party’s counsel is unavailable and out of the state on May 29,
2015;

3

ACCORDINGLY, it is HEREBY STIPULATED by and between the undersigned
4
5

parties through their respective counsel that the Settlement Conference shall be moved to Friday

6

August 21, 2015 at 11:00 a.m. Each other date set forth in the Court’s Notice of Settlement

7

Conference and Settlement Conference Order shall be continued accordingly.

8
9

Dated: April 24, 2015

Respectfully submitted,

10
11
12
13
14

/s/
Susan F. LaMarca
Jessica W. Chan
Robert Tashjian
Attorneys for the Plaintiff Securities and Exchange
Commission

15
16
17
18
19
20
21

/s/
Danning Jiang
Law Offices of Danning Jiang
271 North First Street
San Jose, CA 95113
[e-mail]
Attorneys for Def. Francis Yuen and
Rel. Def. Laurata Chan

22
23
24
25
26
27

/s/
Adam Pennella
Wolf, Pennella & Stevens, LLP
717 Washington Street
Oakland, CA 94612
[e-mail]
Attorneys for Def. Charles Wang and
Def. Qian Cathy Zhang

28

3

1

/s/
Adrian J. Sawyer
Kerr & Wagstaffe LLP
101 Mission Street, 18th Floor
San Francisco, CA 94105
[e-mail]
Attorneys for Def. eAdGear, Inc.
and Def. eAdGear Holdings Limited

2
3
4
5
6
7

ATTESTATION

8
9
10
11

I, Adam Pennella, am the ECF User whose identification and password are being used to
file the Stipulation and Proposed Order. I hereby attest that each of the above parties or their
representatives concurs in this filing.

12
13
14

Dated: April 24, 2015

/s/ Adam Pennella
Adam Pennella

15
16
17
18
19
20
21
22
23
24
25
26
27
28

4

1
2

[PROPOSED] ORDER

3

Good cause appearing from the above Stipulation, the requested continuance of the
4
5
6
7

Settlement Conference is hereby GRANTED.
IT IS HEREBY ORDERED THAT the Settlement Conference shall be moved to Friday,
August 21, 2015, at 10:00 a.m.

8
9

IT IS SO ORDERED.
10
11
12
13
14

DATED: 4/27/15
Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28

5