Securities and Exchange Commission v. Erik K. Bardman et al

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER Extending Time to Answer Amended Complaint filed by Jennifer F. Wolf. Signed by Judge Jon S. Tigar on January 17, 2017. (wsn, COURT STAFF) (Filed on 1/17/2017)

Case 3:16-cv-02023-JST Document 48 Filed 01/17/17 Page 1 of 4

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William H. Kimball (State Bar No. 242626)
KANE+KIMBALL LLP
803 Hearst Avenue
Berkeley, CA 94710
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Defendant Jennifer F. Wolf

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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,

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Plaintiff,

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v.

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ERIK K. BARDMAN,

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and

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JENNIFER F. WOLF,

STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANT JENNIFER F. WOLF
TO ANSWER AMENDED
COMPLAINT

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Case No. 3:16-cv-02023 (JST)
Judge: Hon. Jon S. Tigar
Defendants.

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:16-cv-02023 (JST)

Case 3:16-cv-02023-JST Document 48 Filed 01/17/17 Page 2 of 4

WHEREAS, on April 18, 2016, plaintiff Securities and Exchange Commission

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(“Plaintiff”) filed a complaint in the above-captioned action (the “Complaint”) asserting claims

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against defendants Erik K. Bardman and Jennifer F. Wolf (“Defendants”);
WHEREAS, on October 27, 2016, the Court entered an Order Granting In Part And

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Denying In Part Defendants’ Motions To Dismiss (Dkt. No. 34);
WHEREAS, on November 28, 2016, Plaintiff filed an amended complaint (now

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titled, “Amended Complaint”) (Dkt. Nos. 39 and 42);
WHEREAS, Defendants, pursuant to a stipulation by the parties and the Court’s

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order, were required to answer or otherwise respond to the Amended Complaint by December 28,
2016 (Dkt. No. 41);
WHEREAS, on December 14, 2016, Plaintiff and Defendant Wolf stipulated and

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requested that the Court enter a proposed order allowing Defendant Wolf to answer the Amended

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Complaint, pursuant to applicable rules of procedure or Court order, after the Court’s final ruling on

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a then-anticipated second motion to dismiss the Amended Complaint by Defendant Bardman (Dkt.

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No. 43);

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WHEREAS, Defendant Wolf sought to delay her answer to the Amended Complaint

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until after the Court’s final ruling on Defendant’s Bardman’s second motion to dismiss in order to

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avoid the potential expense of being required to amend her answer if the Amended Complaint were

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later modified in light of the outcome of the second motion to dismiss;

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WHEREAS, on December 28, 2016, Defendant Bardman moved to dismiss the
Tenth Claim for Relief in the Amended Complaint (Dkt. No. 44, 45);
WHEREAS, on January 11, 2017, Plaintiff filed its opposition to Defendant
Bardman’s second motion to dismiss (Dkt. No. 46);
WHEREAS, on January 13, 2017, the Court denied Defendant’s Wolf’s request to

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delay her answer to the Amended Complaint until after the Court’s final ruling on Defendant’s

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Bardman’s second motion to dismiss (Dkt. No. 47);

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WHEREAS, Plaintiff and Defendant Wolf have agreed that Defendant Wolf’s time
to answer the Amended Complaint may be extended as follows;
STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)

Case 3:16-cv-02023-JST Document 48 Filed 01/17/17 Page 3 of 4

IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for

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Plaintiff and the attorneys for Defendant Wolf, as follows:
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Defendant Wolf shall answer the Amended Complaint no later than January

23, 2017.
There have been two requests for an extension of time for Defendant Wolf
previously made with respect to the Amended Complaint.

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Dated: January 17, 2017

SECURITIES AND EXCHANGE COMMISSION

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By:

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/s/ Paul W. Kisslinger
Paul W. Kisslinger

Paul W. Kisslinger (New Jersey Bar No. 6511995)
[e-mail]
Kevin C. Lombardi (District of Columbia Bar No. 474114)
[e-mail]
100 F Street, NE
Washington, DC 20549
Ph: [phone]
Fax: [phone]

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Attorneys for Plaintiff Securities and Exchange Commission

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Dated: January 17, 2017

KANE+KIMBALL LLP
By:

/s/ William H. Kimball
William H. Kimball

803 Hearst Avenue
Berkeley, CA 94710
Ph: [phone]
Fax: [phone]
Attorneys for Defendant Jennifer F. Wolf

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)

Case 3:16-cv-02023-JST Document 48 Filed 01/17/17 Page 4 of 4

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ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing
of this document has been obtained from each signatory.

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Dated: January 17, 2017

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KANE+KIMBALL LLP
By:

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/s/ William H. Kimball
William H. Kimball

Attorneys for Defendant Jennifer F. Wolf

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* * *

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IT IS SO ORDERED.

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Dated: January 17, 2017

Hon. Jon S. Tigar
United States District Judge

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)