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

Filing 82

STIPULATION AND ORDER re 81 STIPULATION WITH PROPOSED ORDER Lifting Discovery Deadlines for Certain Depositions filed by Erik K. Bardman. Signed by Judge Jon S. Tigar on February 5, 2018. (wsn, COURT STAFF) (Filed on 2/5/2018)

1
2
3
4
5

Patrick D. Robbins (State Bar No. 152288)
Emily V. Griffen (State Bar No. 209162)
SHEARMAN & STERLING LLP
535 Mission Street, 25th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]

6
Attorneys for Defendant Erik K. Bardman
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
12
SECURITIES AND EXCHANGE COMMISSION,
13
Plaintiff,
14
v.

STIPULATION AND [PROPOSED]
ORDER LIFTING DISCOVERY
DEADLINES FOR CERTAIN
DEPOSITIONS

15
16
17

ERIK K. BARDMAN and
JENNIFER F. WOLF,

Case No. 3:16-cv-02023 (JST)
Defendants.

Judge: Hon. Jon S. Tigar

18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER

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

WHEREAS, with the assistance of Magistrate Judge Corley, the Securities and

1
2

Exchange Commission Division of Enforcement (“SEC”) and Defendant Erik Bardman have

3

reached a settlement agreement in principle, and signed a term sheet outlining settlement terms (the

4

“Bardman Settlement Agreement”) (Dkt. No. 79);
WHEREAS, the close of fact discovery is currently set for February 15, 2018

5
6
7

(Dkt. No. 75);
WHEREAS, the SEC and defendants Erik K. Bardman and Jennifer F. Wolf

8

(“Defendants” and, together with the SEC, the “Parties”) have been diligently pursuing various

9

forms of discovery, including requests for documents and depositions;

10

WHEREAS, as a result of the Bardman Settlement Agreement, the Parties have

11

agreed to take certain depositions off calendar, specifically the depositions of Mr. Bardman, Jeffrey

12

Shotts, Barbara McKee, Joseph Greenhalgh, Abhishek Maheshwari, Werner Heid, Michael Culver,

13

Didier Hirsch, and Guerrino De Luca (the “Off-Calendar Depositions”);

14

WHEREAS, the Parties have agreed to lift the fact discovery deadline to the extent

15

that it may be necessary to reschedule the Off-Calendar Depositions to a later date, and agree to

16

expressly waive any timeliness objections they may have in the event that any of the Off-Calendar

17

Depositions are subsequently rescheduled and taken after the fact discovery deadline. At Judge

18

Corley’s suggestion, the Parties therefore respectfully submit this Stipulation and Order formalizing

19

their agreement to so lift the fact discovery deadline, once again leaving all other dates set by the

20

Court, including those for motions and trial, unchanged;

21
22
23
24
25

IT IS THEREFORE STIPULATED AND AGREED, by and between the attorneys
for Plaintiff and the attorneys for Defendants, with the Court’s permission, as follows:
1.

The February 15, 2018, fact discovery deadline shall be lifted for the Off-

Calendar Depositions.
2.

The Parties will be permitted to reschedule any of the Off-Calendar

26

Depositions after the fact discovery deadline if needed, and the Parties expressly waive any

27

timeliness objections they may have in the event that any of the Off-Calendar Depositions are

28

subsequently rescheduled and taken after the fact discovery deadline.
STIPULATION AND [PROPOSED] ORDER

2

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

1

3.

All other dates and deadlines in the Scheduling Order, including the May 15,

2

2018 deadline for dispositive motions and the September 17, 2018 trial date, remain unchanged.

3

Dated: February 2, 2018

SECURITIES AND EXCHANGE COMMISSION

4
By:

5
6

/s/
Kevin C. Lombardi

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]

7
8
9
10

Attorneys for Plaintiff Securities and Exchange Commission

11
12
13

Dated: February 2, 2018

14

SHEARMAN & STERLING LLP
By:

15

/s/
Patrick D. Robbins

535 Mission Street, 25th Floor
San Francisco, CA 94105
Ph: [phone]
Fax: [phone]

16
17
18

Attorneys for Defendant Erik K. Bardman

19
20
Dated: February 2, 2018

KANE+KIMBALL LLP

21
22

By:

23

/s/
William H. Kimball

26

William H. Kimball (State Bar No. 242626)
[e-mail]
803 Hearst Avenue
Berkeley, CA 94710
Ph: [phone]
Fax: [phone]

27

Attorneys for Defendant Jennifer F. Wolf

24
25

28
STIPULATION AND [PROPOSED] ORDER

3

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

1
2
3

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.

4
5

Dated: February 2, 2018

SHEARMAN & STERLING LLP

6
By:
7
8

/s/
Patrick D. Robbins

Attorneys for Defendant Erik K. Bardman

9
10
* * *

11
12

IT IS SO ORDERED.

13
14
15

Dated: February 5
______________, 2018

Hon. Jon S. Tigar
United States District Judge

STIPULATION AND [PROPOSED] ORDER

4

16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. 3:16-cv-02023 (JST)