Securities and Exchange Commission v. Bivona et al

Filing 170

STIPULATION AND ORDER re 169 (to continue case management conference until after April 25, 2017) filed by Securities and Exchange Commission Status Report due by 4/27/2017. Status Conference set for 5/4/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 2/27/17. (bpfS, COURT STAFF) (Filed on 2/27/2017)

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1 JINA L. CHOI (N.Y. Bar No. 2699718) JOHN S. YUN (Cal. Bar No. 112260) 2 MARC D. KATZ (Cal. Bar No. 189534) 3 JESSICA W. CHAN (Cal. Bar No. 247669) 4 5 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 6 44 Montgomery Street, Suite 2800 San Francisco, CA 94104 7 Telephone: (415) 705-2500 Facsimile: (415) 705-2501 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 SECURITIES AND EXCHANGE COMMISSION, Case No. 3:16-cv-01386-EMC (JCS) 15 16 Plaintiff, v. 17 JOHN V. BIVONA; SADDLE RIVER 18 ADVISORS, LLC; SRA MANAGEMENT ASSOCIATES, LLC; FRANK GREGORY 19 MAZZOLA, STIPULATION AND PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Date: March 9, 2017 Time: 10:30 a.m. Courtroom: 5 (Seventeenth Floor) Judge: Edward M. Chen Defendants, and 20 21 SRA I LLC; SRA II LLC; SRA III LLC; FELIX INVESTMENTS, LLC; MICHELE 22 J. MAZZOLA; ANNE BIVONA; CLEAR SAILING GROUP IV LLC; CLEAR 23 SAILING GROUP V LLC, Relief Defendants. 24 25 26 27 28 Stipulation Continue Case Management Conf. 08755\001\7865075.v2 Civ. 3:16-cv-01386-EMC STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 2 Counsel for plaintiff Securities and Exchange Commission (“Commission”), for defendants 3 John V. Bivona, Frank G. Mazzola and Saddle River Advisors, LLC (“Saddle River”) and for relief 4 defendants Anne Bivona and Michele J. Mazzola, and for the receivership entities defendant SRA 5 Management, LLC and relief defendants SRA I LLC, SRA II LLC, SRA III LLC, Clear Sailing 6 Group IV LLC and Clear Sailing Group V LLC, as well as third party affiliated entities Felix Multi7 Opportunity Fund I LLC, Felix Multi-Opportunity Fund II LLC, Felix Management Associates LLC, 8 NYPA Fund I LLC, NYPA Fund II LLC and NYPA Management Associates LLC, hereby submit 9 this Stipulation to continue, until after April 25, 2017, the case management conference that is now 10 scheduled for Thursday, March 9, 2017. 11 The March 9th case management conference was scheduled for one month after the 12 anticipated resumption on February 9, 2017 of the mandatory settlement conference before Chief 13 Magistrate Judge Joseph Spero. Chief Magistrate Judge Spero recently agreed to continue the 14 mandatory settlement conference until Tuesday, April 25, 2017. Because the settlement conference 15 is being continued, the parties do not believe that a case management conference would be productive 16 on March 9, 2017. 17 The parties therefore stipulate to continuing the case management conference until after the 18 April 25th settlement conference, and are available for the continued case management conference on 19 the mornings of Thursday, May 4, May 15, and June 1, 2017. The parties also agree that counsel for 20 Frank Gregory Mazzola and Michele J. Mazzola may attend the case management conference by 21 telephone. 22 Dated: February 22, 2017 23 SECURITIES AND EXCHANGE COMMISSION 24 John S. Yun John S. Yun Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 25 26 27 28 Stipulation Continue Case Management Conf. 08755\001\7865075.v2 1 Civ. 3:16-cv-01386-EMC 1 Jahan P. Raissi (by email authorization) Jahan P. Raissi SHARTSIS FRIESE LLP Attorneys for Defendants JOHN V. BIVONA and SADDLE RIVER ADVISORS, LLC and Relief Defendant ANNE BIVONA 2 3 4 5 John W. Cotton (by email authorization) John W. Cotton GARTENBERG, GELFAND & HAYTON LLP Attorney for the Receiver SHERWOOD PARTNERS, INC. for Receivership Entities SRA MANAGEMENT, LLC, SRA I LLC, SRA II LLC, SRA III LLC, CLEAR SAILING GROUP IV LLC, CLEAR SAILING GROUP V LLC, FELIX MANAGEMENT ASSOCIATES LLC, FELIX MULTIOPPORTUNITY FUND I LLC, FELIX MULTIOPPORTUNITY FUND II LLC, NYPA MANAGEMENT ASSOCIATES LLC, NYPA FUND I LLC, and NYPA FUND II LLC 6 7 8 9 10 11 12 /s/ Richard Babnick (by email authorization) Richard J. Babnick Jr., Esq. SICHENZIA ROSS FRIEDMAN FERENCE LLP Attorneys for Defendants FRANK G. MAZZOLA and Relief Defendant MICHELE J. MAZZOLA 13 14 15 16 ORDER CONTINUING CASE MANAGEMENT CONFERENCE 17 18 Based upon the parties Stipulation, and good cause appearing, the case management 19 conference now calendared for Thursday, March 9, 2017, is hereby continued to Thursday, May 5 20 _________ __, 2017 at 10:30 a.m. The parties shall file an updated joint case management statement 21 at least seven calendar days before the case management conference. Counsel for Frank Mazzola and 22 Michele Mazzola may appear at the case management conference by telephone. UNIT ED S DISTRICT TE C TA 25 RT U O S 27 24 Dated: February ___, 2017 _________________________ RED EDWARDO ORDE Judge S M. CHEN,D IT IS United StatesODIFIECourt District AS M 2 dwar Judge E ER Civ. 3:16-cv-01386-EMC H 08755\001\7865075.v2 RT Stipulation Continue Case Management Conf. en d M. Ch NO 28 FO 27 LI 26 R NIA SO ORDERED. A 23 N D IS T IC T R OF C

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