Securities and Exchange Commission v. Bivona et al

Filing 194

STIPULATION AND ORDER re 192 CONTINUING DISCOVERY AND MOTION DEADLINES IN ORDER TO FINALIZE SETTLEMENT AGREEMENTS filed by Securities and Exchange Commission Discovery due by 9/20/2017. Dispositive Motion Hearing set for 12/14/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen.Signed by Judge Edward M. Chen. (bpfS, COURT STAFF) (Filed on 6/27/2017)

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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STIPULATION AND [PROPOSED]
ORDER CONTINUING DISCOVERY AND
MOTION DEADLINES IN ORDER TO
FINALIZE SETTLEMENT AGREEMENTS

JOHN V. BIVONA; SADDLE RIVER
18 ADVISORS, LLC; SRA MANAGEMENT
ASSOCIATES, LLC; FRANK GREGORY
19 MAZZOLA,
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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Stip. and Order Continuing Discovery and Mot.
Deadlines
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STIPULATION TO CONTINUE DISCOVERY AND MOTION DEADLINES IN ORDER TO

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FINALIZE SETTLEMENTS

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Counsel for plaintiff Securities and Exchange Commission (“Commission”), for defendants

4 John V. Bivona and Saddle River Advisors, LLC (“Saddle River”) and for the Receiver for the
5 receivership entities defendant SRA Management, LLC and relief defendants SRA I LLC, SRA II
6 LLC, SRA III LLC, Clear Sailing Group IV LLC and Clear Sailing Group V LLC, as well as third
7 party affiliated entities Felix Multi-Opportunity Fund I LLC, Felix Multi-Opportunity Fund II LLC,
8 Felix Management Associates LLC, NYPA Fund I LLC, NYPA Fund II LLC and NYPA
9 Management Associates LLC, along with in pro per defendant Frank Gregory Mazzola and in pro per
10 relief defendant Michele J. Mazzola hereby submit this Stipulation for continuing the current
11 discovery and motion deadlines in order to finalize settlement agreements.
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The Commission has now reached tentative agreements with all active defendants and relief

13 defendants. The undersigned are in the process of finalizing the necessary settlement documents.
14 Thereafter, the proposed resolutions will be submitted to the Securities and Exchange Commission
15 for review and approval, and then the settlement papers will be presented to this Court. In order to
16 facilitate this settlement process without incurring unnecessary expense, the parties stipulate to the
17 following continuations of discovery and motion deadlines:
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reports would be extended to September 20, 2017;

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The deadline for completing expert discovery would be extended to October 20, 2017;
and

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The July 20, 2017 deadline for completing fact discovery and submitting expert

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The final day for hearing dispositive motions would be extended to December 14,
2017.

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Stip. and Order Continuing Discovery and
Mot. Deadlines
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Civ. 3:16-cv-01386-EMC

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Dated: June 20, 2017

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Marc Katz
Marc D. Katz
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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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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Frank G. Mazzola (by email authorization)
Defendants FRANK G. MAZZOLA, in pro per

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Michele J. Mazzola (by email authorization)
Relief Defendant MICHELE J. MAZZOLA, in pro per

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Stip. and Order Continuing Discovery and
Mot. Deadlines
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ORDER CONTINUING DISCOVERY AND MOTION DEADLINES

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Based on the stipulation of the parties and their representation that tentative settlement

3 agreements have been reached with all active defendants and relief defendants, the Court hereby
4 amends the prior scheduling order and continues the discovery and motion deadlines as follows:
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The July 20, 2017 deadline for completing fact discovery and submitting expert
reports is extended to September 20, 2017;

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The deadline for completing expert discovery is extended to October 20, 2017; and

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The final day for hearing dispositive motions is extended to December 14, 2017.

6/27
12 Dated: ________________, 2017

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ORD
T IS SO

ERED

R NIA

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UNIT
ED

SO ORDERED.

S DISTRICT
TE
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TA

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U
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en
d M. Ch
e Edwar
______________________________
Judg
JUDGE EDWARD M. CHEN
United States District Court

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Stip. and Order Continuing Discovery and
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