Securities and Exchange Commission v. Miller

Filing 15

STIPULATION AND SCHEDULING ORDER. Case Management Conference set for 6/26/2015 is vacated. Case Management Statement due by 9/18/2015. Case Management Conference set for 9/25/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 6/4/15. (dt, COURT STAFF) (Filed on 6/4/2015)

1
2
3
4
5
6
7

PAUL T. FRIEDMAN (CA SBN 98381)
[e-mail]
CRAIG D. MARTIN (CA SBN 168195)
[e-mail]
PHILIP T. BESIROF (CA SBN 185053)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
ANDREW M. MILLER

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12
13

SECURITIES AND EXCHANGE
COMMISSION,

Case No. 3:15-cv-01461-SC

14
15
16
17
18

Plaintiff,
v.
ANDREW M. MILLER,
Defendant.

19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] SCHEDULING ORDER
Case No. 3:15-cv-01461-SC

STIPULATION AND [PROPOSED]
SCHEDULING ORDER

1

Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, plaintiff Securities and Exchange

2

Commission (the “Commission”) and defendant Andrew Miller (collectively, the “Parties”)

3

respectfully request that the Court adopt the Parties’ stipulation below as the order of the Court,

4

which (i) sets forth a schedule for the Parties to request a settlement conference before a

5

magistrate judge; (ii) extends the time for Mr. Miller to respond to the Commission’s complaint

6

(ECF No. 1) (the “Complaint”), and (iii) continues the Initial Case Management Conference

7

currently set for June 26, 2015.

8

FACTUAL BACKGROUND TO THE PARTIES’ STIPULATION

9
10

In support of this stipulation, the undersigned Parties provide the following facts, which
are verified in the supporting Declaration of Philip T. Besirof:

11

1.

On March 31, 2015, the Commission filed the Complaint in this action.

12

2.

On April 2, 2015, the Commission sent a waiver of service form to counsel for

13

Mr. Miller. (ECF No. 7.)

14
15

3.
(ECF No. 5.)

16
17

4.

5.

On May 4, 2015, Mr. Miller’s counsel executed the waiver of service form.

(ECF No. 7.)

20
21

On April 17, 2015, the Court set an Initial Case Management Conference for

June 26, 2015. (ECF No. 6.)

18
19

On April 17, 2015, this action was reassigned to the Honorable Samuel Conti.

6.

Under Rule 4(d) of the Federal Rules of Civil Procedure, Mr. Miller has 60 days

from the date the request was sent to respond to the Complaint, which is June 1, 2015.

22

7.

The Parties have met and conferred and believe that an early settlement conference

23

before a magistrate judge would provide substantial assistance to the Parties’ understanding of the

24

case and could substantially narrow the issues in dispute, which could lead to resolution.

25

8.

The Parties believe that the interests of judicial economy and efficiency will be

26

well served by extending Mr. Miller’s response deadline to the Complaint and continuing the

27

Initial Case Management Conference until after a settlement conference is held with a magistrate

28

judge.
STIPULATION AND [PROPOSED] SCHEDULING ORDER
Case No. 3:15-cv-01461-SC

1

1

STIPULATION

2

In light of these facts, the undersigned parties jointly request the Court to enter the

3
4

following stipulation as an Order of the Court:
A.

Pursuant to ADR Local Rules 2-3, 3-5(d), and 7-3 (and in lieu of a Notice of Need

5

for ADR Phone Conference under ADR Local Rule 3-5(c)), the Parties request an early

6

settlement conference before a magistrate judge to occur within the next 90 days, or as soon

7

thereafter as the Court’s schedule may permit. The Parties will file a joint request expressing the

8

Parties’ preferences for one or more magistrate judges within the next seven (7) days.

9
10
11

B.

The deadline for Mr. Miller to respond to the Complaint is extended until 20 days

after the settlement conference.
C.

The Initial Case Management Conference currently set for June 26, 2015, at

12

10:00 a.m., is hereby vacated, and the Initial Case Management Conference shall be set to such

13

date and time as the Court may order.

14

D.

In the event that the case has not settled within 90 days of the Court’s order

15

approving this stipulation, the Parties shall file a case management statement updating the Court

16

on the status of this matter and/or requesting an Initial Case Management Conference.

17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] SCHEDULING ORDER
Case No. 3:15-cv-01461-SC

2

1
2

IT IS SO STIPULATED.
Dated: May 29, 2015

MORRISON & FOERSTER LLP

3
By:

4
5

Paul T. Friedman
Craig D. Martin
Philip T. Besirof
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

6
7
8
9
10

Attorneys for Defendant Andrew Miller

11
12

/s/ Craig D. Martin
Craig D. Martin

Dated: May 29, 2015

SECURITIES AND EXCHANGE COMMISSION

13
14

By:

15

/s/ Susan F. La Marca
Susan F. La Marca
Susan F. La Marca
David S. Johnson
David A. Berman
44 Montgomery Street, Suite 2800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.705.2501
[e-mail]
[e-mail]
[e-mail]

16
17
18
19
20

Attorneys for Plaintiff Securities and
Exchange Commission

21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] SCHEDULING ORDER
Case No. 3:15-cv-01461-SC

3

1

ECF ATTESTATION

2
I, Philip Besirof, am the ECF User whose ID and Password are being used to file
3
this motion. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Paul Friedman has
4
concurred in this filing.
5
6

Dated: May 29, 2015

MORRISON & FOERSTER LLP

7
By:
8
9

/s/ Philip T. Besirof
Philip T. Besirof
Paul T. Friedman
Craig D. Martin
Philip T. Besirof
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

10
11
12
13
14

Attorneys for Defendant Andrew Miller

15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] SCHEDULING ORDER
Case No. 3:15-cv-01461-SC

4

1

DECLARATION OF PHILIP T. BESIROF

2

I, PHILIP T. BESIROF, hereby declare as follows:

3

1.

I am an attorney licensed to practice law in the State of California and am admitted

4

to practice before this Court. I am a member of the law firm of Morrison & Foerster LLP, and

5

counsel of record for defendant Andrew Miller. I submit this Declaration in support of the

6

parties’ Stipulation and [Proposed] Scheduling Order (hereafter, the “Stipulation”). If called as a

7

witness, I would testify to the facts listed below.

8
9
10

2.

Pursuant to Civil Local Rule 6-2, I attest that the facts set forth in the Stipulation,

paragraphs 1 through 8 inclusive, are all true and accurate.
3.

This is the parties’ first request for a modification of time. Other than the case

11

management conference currently set for June 26, 2015, the proposed schedule will not impact

12

any other deadlines or dates set by the Court.

13

I declare under penalty of perjury under the laws of the United States of America that the

14

foregoing is true and correct and that this Declaration was executed in San Francisco, California,

15

on this 29th day of May, 2015.

16

MORRISON & FOERSTER LLP

17
By:

18

/s/ Philip T. Besirof
Philip T. Besirof

19
20
21
22

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

24

Case Management Conference is set for September 25, 2015 at
10:00 am. A joint case management statement shall be filed by
September 18, 2015.

25

June 4, 2015
Dated: __________________________

23

THE HONORABLE SAMUEL CONTI
United States District Judge

26
27
28
STIPULATION AND [PROPOSED] SCHEDULING ORDER
Case No. 3:15-cv-01461-SC

5