Securities and Exchange Commission v. Bivona et al

Filing 545

STIPULATION AND ORDER RE 544 TO MODIFY BRIEFING SCHEDULE. Opposition due by 1/13/2020. Replies due by 1/21/2020. Motion Hearing continued to 1/30/20 at 1:30 in Courtroom #5, 17th Floor. Signed by Judge Edward M. Chen on 12/26/19. (cl, COURT STAFF) (Filed on 12/26/2019)

1 JONATHAN K. LEVINE (SBN: 220289)
ELIZABETH C. PRITZKER (SBN: 146267)
2 BETHANY L. CARACUZZO (SBN: 190687)
PRITZKER LEVINE LLP
3 180 Grand Avenue, Suite 1390
Telephone: [phone]
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Email: [e-mail]
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[e-mail]
[e-mail]
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Attorneys for the SRA Funds Investor Group
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[Additional counsel appear on signature pages]
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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,
Plaintiff,
vs.
JOHN V. BIVONA; SADDLE RIVER
ADVISORS, LLC; SRA MANAGEMENT
LLC; FRANK GREGORY MAZZOLA,
Defendants, and
SRA I LLC; SRA II LLC; SRA III LLC;
FELIX INVESTMENTS, LLC; MICHELE J.
MAZZOLA; ANNE BIVONA; CLEAR
SAILING GROUP IV LLC; CLEAR
SAILING GROUP V LLC,

Case No: 3:16-cv-01386-EMC

STIPULATION AND ORDER
MODIFYING BRIEFING AND HEARING
SCHEDULE ON RECEIVER’S MOTION
TO EMPLOY PROFESSIONALS AND
FOR INSTRUCTIONS
Date: January 16, 2020
Time: 1:30 p.m.
Courtroom: 5
Judge: Hon. Edward M. Chen

Relief Defendants.

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STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING
SCHEDULE
Case No. 3:16-cv-01386-EMC

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Successor Receiver Kathy Bazoian Phelps and counsel for plaintiff Securities and Exchange

2 Commission (“Commission”) and the SRA Funds Investor Group (“Investor Group”) hereby
3 submit this Stipulation and [Proposed] Order to modify the briefing and hearing schedule on Ms.
4 Phelp’s pending motion to employ certain professionals and for instructions (Dkt. Nos. 516 and
5 538)
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STIPULATION
On August 15, 2019, Ms. Phelps filed a motion seeking Court approval to hire a tax advisor

8 and securities counsel to provide advice with respect to the implementation of a distribution plan in
9 this case. See Dkt. No. 516.
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On December 16, 2019, Ms. Phelps filed a supplemental brief in connection with that

11 pending motion. See Dkt. No. 538. Under the current schedule, the Investor Group’s response to
12 the supplemental brief is due on December 30, 2019, with a reply on January 6, 2020, and a hearing
13 on January 16, 2020.
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Having reviewed the contents of Ms. Phelps’ supplemental brief, and in light of the

15 impending holidays, which makes it difficult to consult with clients and advisors, counsel for the
16 Investor Group has requested an additional two weeks in which to file a response. Ms. Phelps and
17 the Commission do not object to extending the briefing schedule and hearing date on the pending
18 motion.
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Ms. Phelps and counsel for the Commission and the Investor Group have conferred and

20 agreed that, subject to Court approval, the briefing schedule and hearing date on the pending motion
21 should be modified as follows: Any opposition by the Investor Group will be filed by January 13,
22 2020, with a reply filed by January 21, 2020, and a hearing at 1:30 p.m. on January 30, 2020.
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24 DATED: December 24, 2019

Jonathan K. Levine________________
Jonathan K. Levine
PRITZKER LEVINE LLP
Attorneys for the SRA Funds Investor Group

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STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING
SCHEDULE AND RESCHEDULING CASE MANAGEMENT CONFERENCE
Case No. 3:16-cv-01386-EMC

John S. Yun______________________
John S. Yun
Attorneys for Plaintiff Securities and
Exchange Commission

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Kathy Bazoian Phelps______________
Kathy Bazoian Phelps
DIAMOND MCCARTHY LLP
Successor Receiver

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ORDER
The Court hereby accepts the modified briefing and hearing schedule set forth in the
Stipulation above and orders as follows:
1.

Any opposition by the Investor Group to the Successor Receiver’s pending motion

(Dkt. Nos. 516 and 538) must be filed on or before January 13, 2020.
2.

Any reply by the Successor Receiver must be filed on or before January 21, 2020.

3.

A hearing on the motion will held at 1:30 p.m. on January 30, 2020.

SO ORDERED
December 26
Dated: _______________, 2019

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Judge Edward M. Chen
United States District Court

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STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING
SCHEDULE AND RESCHEDULING CASE MANAGEMENT CONFERENCE
Case No. 3:16-cv-01386-EMC