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)

1 JINA L. CHOI (N.Y. Bar No. 2699718)
JOHN S. YUN (Cal. Bar No. 112260)
2 [e-mail]
MARC D. KATZ (Cal. Bar No. 189534)
3 [e-mail]
JESSICA W. CHAN (Cal. Bar No. 247669)
4 [e-mail]
5 Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION
6 44 Montgomery Street, Suite 2800
San Francisco, CA 94104
7 Telephone: [phone]
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, Case No. 3:16-cv-01386-EMC (JCS)

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Plaintiff,
v.

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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

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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.

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Stipulation Continue Case Management Conf.
08755\001\7865075.v2

Civ. 3:16-cv-01386-EMC

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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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.
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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.
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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
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SECURITIES AND EXCHANGE COMMISSION

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John S. Yun
John S. Yun
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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Stipulation Continue Case Management Conf.
08755\001\7865075.v2

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Civ. 3:16-cv-01386-EMC

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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

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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

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/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

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ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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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.

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24 Dated: February ___, 2017

_________________________
RED
EDWARDO ORDE Judge
S M. CHEN,D
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United StatesODIFIECourt
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Civ. 3:16-cv-01386-EMC

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Stipulation Continue Case Management Conf.

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SO ORDERED.

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