Securities And Exchange Commission v. Sells et al

Filing 22

ORDER Granting 21 Amended Stipulation SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS COMPLAINT. Motions due by 12/9/2011. Responses due by 1/13/2012. Replies due by 2/7/2012. Motion Hearing set for 4/19/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 12/2/2011. (ndr, COURT STAFF) (Filed on 12/2/2011)

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SARAH A. GOOD (No. 148742)
Email: [e-mail]
JEREMY T. KAMRAS (No. 237377)
Email: [e-mail]
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: 415/677.6262
Attorneys for Defendant
CHRISTOPHER SELLS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,
V.

No. C 11-04941 CW
AMENDED STIPULATION AND
[PROPOSED] ORDER SETTING
BRIEFING SCHEDULE FOR
MOTION TO DISMISS COMPLAINT

CHRISTOPHER SELLS and TIMOTHY
MURAWSKI,
Defendants.

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AMENDED STIPULATION & [PROPOSED] ORDER RE: MOTION TO DISMISS BRIEFING SCHEDULEC 11-04941

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WHEREAS, the Securities and Exchange Commission ("SEC") filed the above-captioned

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action on October 6, 2011 against Defendants Christopher Sells and Timothy Murawski, alleging

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violations of federal securities laws;

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WHEREAS, Defendants timely waived service of summons pursuant to Federal Rule of Civil
Procedure 4(d) (Docket Nos. 9, 15);

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WHEREAS, any answer or motion to dismiss the SEC's Complaint is currently due December
5, 2011;

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WHEREAS, Defendants Sells and Murawski plan to file motions to dismiss the Complaint
filed by the SEC;
WHEREAS, the Court has scheduled a Case Management Conference in the above-captioned

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case for April 19, 2012 at 2:00 p.m. (Docket No. 17);

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WHEREAS, the parties have met and conferred regarding a briefing and hearing schedule for
the planned motions to dismiss;
WHEREAS, the parties wish to schedule the hearing on Defendants' planned motions to
dismiss for the April 19, 2012 Case Management Conference;
WHEREAS, the parties wish to work cooperatively on a briefing schedule on Defendants'
planned motions to dismiss;
NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully

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request that the Court enter an Order as follows:

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1.

Complaint, on or before December 9, 2011;

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2.

Plaintiff shall file any opposition brief to a motion to dismiss on or before January 13,

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Defendants shall file any reply brief on a motion to dismiss on or before February 7,

2012;

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Defendants shall file any motions to dismiss the Complaint, or otherwise respond to the

2012;

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AMENDED STIPULATION & [PROPOSED] ORDER RE: MOTION TO DISMISS BRIEFING SCHEDULEC 11-04941
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The hearing on any motions to dismiss the Complaint shall be set for April 19, 2012 at

2:00 p.m., or as soon as available thereafter.
IT IS SO STIPULATED.
DATED: December 1, 2011.

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SARAH A. GOOD
JEREMY T. KAMRAS
HOWARD RICE NEMEROVSKI CANADY FALK &
RABKIN
A Professional Corporation

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By:

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Attorneys for Defendant
CHRISTOPHER SELLS

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/s/ Sarah A. Good
SARAH A. GOOD

DATED: December 1, 2011.

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ELLIOT R. PETERS
KEKER & VAN NEST, LLP
By:

/s/ Elliot R. Peters
ELLIOT R. PETERS

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Attorneys for Defendant
TIMOTHY MURAWSK1

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DATED: December 1, 2011.

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MARC J. FAGEL
MICHAEL S. DICKE
SUSAN F. LAMARCA
SHEILA E. O'CALLAGHAN
CAMERON P. HOFFMAN

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By:

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/s/ Sheila E. O'Callaghan
SHEILA E. O'CALLAGHAN

Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED

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DATED:

December 2 , 2011.
Hon. Claudia Wilken
United States District Judge

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AMENDED STIPULATION & [PROPOSED] ORDER RE: MOTION TO DISMISS BRIEFING SCHEDULEC 11-04941

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, Sarah A. Good, attest that concurrence in the filing of this document has been obtained from

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any signatories indicated by a conformed signature (/s/) within this electronically-filed document. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing is

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true and correct.

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Executed this 1st day of December, 2011, at San Francisco, California.
SARAH A. GOOD
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
By:

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Howard

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/s/ Sarah A. Good
SARAH A. GOOD

Attorneys for Defendant
CHRISTOPHER SELLS

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AMENDED STIPULATION & [PROPOSED] ORDER RE: MOTION TO DISMISS BRIEFING SCHEDULEC 11-04941

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