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

Filing 8

STIPULATION AND ORDER re 7 STIPULATION WITH PROPOSED ORDER Acknowledging Acceptance of Service of Process and Extending Time for Defendant to Answer or Otherwise Respond, and Setting Briefing Schedule filed by Erik K. Bardman. Signed by Judge Jon S. Tigar on May 2, 2016. (wsn, COURT STAFF) (Filed on 5/2/2016)

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Patrick D. Robbins (State Bar No. 152288)
Emily V. Griffen (State Bar No. 209162)
Lisa Valenti-Jordan (State Bar No. 300161)
SHEARMAN & STERLING LLP
Four Embarcadero Center, Suite 3800
San Francisco, CA 94111-5994
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Erik K. Bardman

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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,

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STIPULATION AND [PROPOSED]
ORDER ACKNOWLEDGING
ACCEPTANCE OF SERVICE OF
PROCESS, EXTENDING TIME FOR
DEFENDANTS TO ANSWER OR
OTHERWISE RESPOND, AND
SETTING BRIEFING SCHEDULE
Case No. 3:16-cv-02023 (JST)

Defendants.

Judge: Hon. Jon S. Tigar

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:16-cv-02023 (JST)
323966

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” and, together with

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Plaintiff, the “Parties”);
WHEREAS, the Parties have agreed that Defendants will accept service of the

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complaint, Defendants’ time to answer or otherwise respond to the Complaint may be extended and,

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with the Court’s permission, the Parties have agreed to a briefing schedule with respect to any

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motions to dismiss the Complaint, as follows;
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for

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Plaintiff and the attorneys for Defendants, as follows:
1.

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Undersigned counsel for Defendants Erik K. Bardman and Jennifer F. Wolf

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are authorized to accept, and hereby do accept, service of the summons and Complaint in the above-

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captioned action on their behalf, without prejudice and without waiver of any of Defendants’

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defenses, objections or arguments in this matter or any other matter, except as to sufficiency of

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service of process.
2.

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Defendants shall answer or otherwise respond to the Complaint by July 25,

3.

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In the event that Defendants file one or more motions to dismiss the

2016.

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Complaint, Plaintiff’s opposition to any motions to dismiss shall be filed on or before August 25,

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2016.

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4.

Defendants’ reply briefs in support of any motions to dismiss the Complaint

shall be filed on or before September 15, 2016.
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The hearing on Defendants’ motions to dismiss the Complaint, if any, shall

be set for September 29, 2016 at 2:00 p.m.
6.

The Case Management Conference currently set for July 20, 2016 is

rescheduled for October 12, 2016 at 2:00 p.m.
There have been no requests for an extension of time previously made in this matter.

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)
323966

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Dated: April 29, 2016

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SECURITIES AND EXCHANGE COMMISSION
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]
[phone]
Patrick R. Costello (Florida Bar No. 75034)
[e-mail]
[phone]
100 F Street, NE
Washington, DC 20549
Ph: [phone]
Fax: [phone]
Attorneys for Plaintiff Securities and Exchange Commission

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Dated: April 29, 2016

SHEARMAN & STERLING LLP

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By:

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/s/ Emily V. Griffen
Emily V. Griffen

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Four Embarcadero Center, Suite 3800
San Francisco, CA 94111-5994
Ph: [phone]
Fax: [phone]

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Attorneys for Defendant Erik K. Bardman

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Dated: April 29, 2016

KANE+KIMBALL LLP
By:

/s/ William H. Kimball
William H. Kimball

William H. Kimball (State Bar No. 242626)
[e-mail]
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)
323966

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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: April 29, 2016

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SHEARMAN & STERLING LLP
By:

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/s/ Emily V. Griffen
Emily V. Griffen

Attorneys for Defendant Erik K. Bardman

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* * *

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IT IS SO ORDERED.

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J u d ge J o

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. Ti ga r

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TED

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GRAN

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R NIA

United States District Judge

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Dated: May 2, 2016

NO

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S DISTRICT
TE
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TA
Hon. Jon S. Tigar

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UNIT
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N

D IS T IC T
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OF

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 3:16-cv-02023 (JST)
323966