Securities And Exchange Commission v. San Francisco Regional Center LLC et al

Filing 37

STIPULATION AND ORDER 35 to Extend the Briefing Schedule. Signed by Judge Richard Seeborg on 1/31/17. (cl, COURT STAFF) (Filed on 1/31/2017)

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1 2 3 4 5 6 7 8 Yosef Peretz (SBN 209288) yperetz@peretzlaw.com Sumy Kim (SBN 290082) skim@peretzlaw.com PERETZ & ASSOCIATES 22 Battery Street, Suite 200 San Francisco, CA 94111 Telephone: 415.732.3777 Facsimile: 415.732.3791 Attorneys for Defendants COMPREHENSIVE CARE OF OAKLAND, L.P. And COMPREHENSIVE CARE OF CALIFORNIA, LLC [Additional counsel appear on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 9 10 11 12 SECURITIES AND EXCHANGE COMMISSION, Civil Case No. 3:17-cv-00223-RS STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND FOR APPOINTMENT OF RECEIVER Plaintiff, 13 14 vs. 15 SAN FRANCISCO REGIONAL CENTER, LLC; THOMAS HENDERSON; CALIFORNIA GOLD MEDAL, L.P.; CALLSOCKET, L.P.; CALLSOCKET II, L.P.; CALLSOCKET III, L.P.; COMPREHENSIVE CARE OF OAKLAND, L.P.; NA3PL, L.P.; WEST OAKLAND PLAZA, L.P.; CALLSOCKET, LLC; CALLSOCKET II, LLC; CALLSOCKET III, LLC; COMPREHENSIVE CARE OF CALIFORNIA, LLC; IMMEDIA, LLC; and NORTH AMERICA 3PL, LLC. 16 17 18 19 20 21 22 23 24 25 26 Date: March 2, 2017 Time: 1:30 p.m. Courtroom.: 3 - 17th Floor Defendants. CALLSOCKET HOLDING COMPANY, LLC; CALLSOCKET III HOLDING COMPANY, LLC; CENTRAL CALIFORNIA FARMS, LLC; BERKELEY HEALTHCARE DYNAMICS, LLC; and JL GATEWAY, LLC. 27 Relief Defendants. 28 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND FOR APPOINTMENT OF RECEIVER -1- 1 2 3 4 5 6 STIPULATION WHEREAS, plaintiff Securities and Exchange Commission (SEC) has filed a motion for a preliminary injunction and for the appointment of a receiver for the named defendants; and WHEREAS, the SEC’s motion is scheduled to be heard on March 2, 2017, with oppositions due on February 3 and replies due on February 10, 2017; and WHEREAS, defendants Comprehensive Care of Oakland, LP (CCOO) and 7 Comprehensive Care of California, LLC (CCOC) intend to oppose the SEC’s motion and have 8 requested additional time to respond to the motion; and 9 WHEREAS, non-party Allan Young, the named plaintiff in the Young v. Henderson action 10 pending in the Alameda County Superior Court that is a subject of the SEC’s motion, also intends 11 to oppose the SEC’s motion and also has requested additional time to respond to the motion; and 12 WHEREAS, several persons, including counsel for CCOO, CCOC and Mr. Young, have 13 asked the SEC whether it would be amenable to a briefing schedule that provides for additional 14 time in which to file a response to the SEC’s motion; and 15 WHEREAS, the SEC, CCOO, CCOC and Mr. Young have conferred and agreed, subject 16 to Court approval, to a modification of the briefing schedule that completes the briefing on the 17 SEC’s motion within the time limits set by Local Civil Rule 7. 18 NOW THEREFORE, the SEC, CCOO, CCOC and Mr. Young hereby stipulate, by and 19 through their respective counsel, that any responses to the SEC’s motion shall be filed on or 20 before February 9, 2017 and any replies by the SEC shall be filed on or before February 16, 2017. 21 22 DATED: January 31, 2017 PERETZ & ASSOCIATES 23 By: /s/ Yosef Peretz Yosef Peretz 24 Yosef Peretz (SBN 209288) Sumy Kim (SBN 290082) 22 Battery Street, Suite 200 San Francisco, CA 94111 Telephone: 415.732.3777 Attorneys for Defendants CCOO and CCOC 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND FOR APPOINTMENT OF RECEIVER -2- 1 DATED: January 31, 2017 PRITZKER LEVINE LLP 2 By: /s/ Jonathan K. Levine Jonathan K. Levine 3 6 Jonathan K. Levine (SBN 220289) Elizabeth C. Pritzker (SBN 146267) 180 Grand Avenue, Suite 1390 Oakland, CA 94612 Telephone: 415.692.0772 7 Attorneys for Non-party Allan Young 4 5 8 DATED: January 31, 2017 SECURITIES AND EXCHANGE COMM. 9 By: /s/ Andrew J. Hefty Andrew J. Hefty 10 Andrew J. Hefty (SBN 220450) Susan F. LaMarca (SBN 215231) Thomas J. Eme (Ill. Bar No. 6224870) 44 Montgomery Street, Suite 2800 San Francisco, CA 94104 Telephone: 415.705.2500 11 12 13 14 Attorneys for Plaintiff SEC 15 [PROPOSED] ORDER 16 17 Having reviewed the foregoing stipulation, and good cause appearing therefor, 18 IT IS HEREBY ORDERED that any responses to the SEC’s Motion for Preliminary 19 Injunction and Appointment of Receiver shall be filed no later than February 9, 2017. The SEC 20 shall file any replies no later than February 16, 2017. The hearing on the motion, presently set for 21 March 2, 2017, remains unchanged. 22 IT IS SO ORDERED. 23 DATED: January 31, 2017 24 25 __________________________ Hon. Richard Seeborg United States District Court Judge 26 27 28 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND FOR APPOINTMENT OF RECEIVER -3-

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