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

Filing 86

STIPULATION AND ORDER re 85 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Securities and Exchange Commission Case Management Statement due by 6/5/2018. Further Case Management Conference set for 6/14/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on April 26, 2018. (wsn, COURT STAFF) (Filed on 4/26/2018)

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1 2 3 4 5 6 Paul W. Kisslinger kisslingerp@sec.gov (202) 551-4427 Kevin C. Lombardi lombardik@sec.gov (202) 551-8753 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 100 F Street, NE Washington, DC 20549 Facsimile: (202) 772-9292 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 SECURITIES AND EXCHANGE COMMISSION, 13 14 15 Plaintiff, STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE v. Case No. 3:16-cv-02023 (JST) ERIK K. BARDMAN and JENNIFER F. WOLF, Judge: Hon. Jon S. Tigar 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CASE NO. 3:16-cv-02023 (JST) WHEREAS, the Securities and Exchange Commission Division of Enforcement 1 2 (“Division”) and Defendants Erik K. Bardman and Jennifer F. Wolf (“Defendants” and, together 3 with the SEC, the “Parties”) have reached settlement agreements in principle that the Division is 4 currently in the process of submitting to the Securities and Exchange Commission (“Commission”) 5 for approval; 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, currently, the Court has scheduled a Case Management Conference for May 2, 2018 [Docket Entry 84]; WHEREAS, Plaintiff requests approximately six additional weeks to have the matter presented to the Commission, and the Defendants consent to such a request; 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 Case Management Conference scheduled for May 2, 2018 is hereby continued until June 14, 2018, or at the soonest available time for the Court thereafter. 2. If the Commission has not approved the terms of the settlement in principle by June 7, 2018, the Parties shall file a Case Management Statement providing an update on the progress of settlement. 17 18 Dated: April 25, 2018 SECURITIES AND EXCHANGE COMMISSION 19 By: 20 21 22 23 24 /s/ Paul W. Kisslinger Paul W. Kisslinger Paul W. Kisslinger (New Jersey Bar No. 6511995) kisslingerp@sec.gov Kevin C. Lombardi (District of Columbia Bar No. 474114) lombardik@sec.gov 100 F Street, NE Washington, DC 20549 Ph: (202) 551-4427 Fax: (202) 772-9772 25 Attorneys for Plaintiff Securities and Exchange Commission 26 27 28 STIPULATION AND [PROPOSED] ORDER 2 CASE NO. 3:16-cv-02023 (JST) 1 Dated: April 25, 2018 SHEARMAN & STERLING LLP 2 By: 3 4 /s/ Patrick D. Robbins Patrick D. Robbins 535 Mission Street, 25th Floor San Francisco, CA 94105 Ph: (415) 616-1100 Fax: (415) 616-1199 5 6 Attorneys for Defendant Erik K. Bardman 7 8 9 10 Dated: April 25, 2018 KANE+KIMBALL LLP By: 11 12 13 14 15 /s/ Willam H. Kimball William H. Kimball William H. Kimball (State Bar No. 242626) wkimball@kanekimball.com 803 Hearst Avenue Berkeley, CA 94710 Ph: (510) 704-1400 Fax: (877) 482-4749 Attorneys for Defendant Jennifer F. Wolf 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER 3 CASE NO. 3:16-cv-02023 (JST) ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3)) 1 2 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: April 25, 2018 6 By: /s/ Paul W. Kisslinger Paul W. Kisslinger 7 Attorneys for Securities and Exchange Commission 8 9 * * * 10 11 IT IS SO ORDERED. 12 13 14 April 26 Dated: ______________, 2018 Hon. Jon S. Tigar United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER 4 CASE NO. 3:16-cv-02023 (JST)

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