United States Securities and Exchange Commission v. Gray et al

Filing 37

ORDER GRANTING 36 STIPULATION WITH Continuing Hearing on Motion to Amend Judgment Pursuant to Federal Rule of Civil Procedure 60. Signed by Judge Jeffrey S. White on 7/21/16. (jjoS, COURT STAFF) (Filed on 7/21/2016)

Case 4:15-cv-00551-JSW Document 36 Filed 07/20/16 Page 1 of 3

COBLENTZ PATCH DUFFY & BASS LLP

One Montgomery Street, Suite 3000, San Francisco, California 94104-5500
415.391.4800 • Fax [phone]

1 TIMOTHY P. CRUDO (State Bar No. 143835)
ANDREW SCHALKWYK (State Bar No. 287170)
2 COBLENTZ PATCH DUFFY & BASS LLP
One Montgomery Street, Suite 3000
3 San Francisco, California 94104-5500
Telephone: [phone]
4 Facsimile: 415.989.1663
Email:
[e-mail]
[e-mail]
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6 Attorneys for Defendant
CHRISTIAN KELLER
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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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12 UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
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Plaintiffs,
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v.
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JOHN GRAY, CHRISTIAN KELLER, KYLE
16 MARTIN, and AARON SHEPARD,
Defendants.

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Case No. C-15-00551 JSW
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING ON
MOTION TO AMEND JUDGMENT
PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 60
Judge: Hon. Jeffrey S. White
Current Hearing Date: July 22, 2016
Crtrm.: 5, 2nd Floor

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WHEREAS, hearing on Defendant Christian Keller’s Motion to Amend Judgment

21 Pursuant to Federal Rule of Civil Procedure 60 (“Motion to Amend Judgment”) is currently
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scheduled on shortened time for Friday, July 22, 2016;

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WHEREAS, hearing in the parallel criminal case, United States v. Keller, Case No. 15-cr24
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00428-JSW-1, on the restitution claim filed by Rovi Corporation is currently scheduled for

26 September 20, 2016;
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15733.001 3502126v1

15-cv-00551 JSW
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STIPULATION AND [PROPOSED] ORDER CONTINUING RULE 60 HEARING

Case 4:15-cv-00551-JSW Document 36 Filed 07/20/16 Page 2 of 3

WHEREAS, the Court’s ruling on the question of restitution in the parallel criminal case

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2 could obviate the need to decide the Motion to Amend Judgment;
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WHEREAS, the parties believe that it would promote efficiency and economy of the
parties and the Court and would further the interests of justice for the Court to continue hearing on

COBLENTZ PATCH DUFFY & BASS LLP

One Montgomery Street, Suite 3000, San Francisco, California 94104-5500
415.391.4800 • Fax [phone]

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the Motion to Amend Judgment to a date after the Court has ruled on the question of restitution in
the parallel criminal case;
WHEREAS, the Securities and Exchange Commission agrees to hold $144,101.05 of any

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9 proceeds it receives from the sale of Mr. Keller’s home in a separate account pending a decision in
10 the parallel criminal case regarding Rovi’s restitution claim and resolution of the Motion to
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Amend Judgment, and;

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WHEREAS, Mr. Keller agrees that, if he is not ordered to pay restitution to the Rovi

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14 Corporation in the parallel criminal case, he will withdraw his pending Motion to Amend
15 Judgment in its entirety.
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THEREFORE, Mr. Keller and the Securities and Exchange Commission, through their

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respective counsel of record, hereby stipulate and move this Court to vacate hearing on the Motion
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to Amend Judgment currently set for July 22, 2016, such motion to be reset for hearing upon

20 proper notice. Within 10 days of the filing of the Court’s decision in the parallel criminal case
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15733.001 3502126v1

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PLAINTIFFS’ OPPOSITION TO MOTIONS TO DISMISS

3:16-cv-00951 RS

Case 4:15-cv-00551-JSW Document 36 Filed 07/20/16 Page 3 of 3

1 regarding Rovi’s restitution claim, Mr. Keller will withdraw the Motion to Amend Judgment or
2 the parties will file a notice resetting a hearing date on that motion.
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SO STIPULATED.
Dated: July 20, 2016

COBLENTZ PATCH DUFFY & BASS LLP

COBLENTZ PATCH DUFFY & BASS LLP

One Montgomery Street, Suite 3000, San Francisco, California 94104-5500
415.391.4800 • Fax [phone]

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/s/ Timothy P. Crudo
TIMOTHY P. CRUDO
Attorney for Christian Keller

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/s/ Carol E. Schultze
CAROL E. SCHULTZE
Attorney for Securities and Exchange Commission

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Good causing having been shown, hearing on Defendant Christian Keller’s Motion to
Amend Judgment Pursuant to Federal Rule of Civil Procedure 60, currently scheduled for July 22,

15 2016, is hereby vacated, such motion to be reset for hearing upon proper notice. Within 10 days
16 of the filing of the Court’s decision in the parallel criminal case regarding Rovi’s restitution
17 claim, Mr. Keller will withdraw the Motion to Amend Judgment or the parties will file a notice
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resetting a hearing date on that motion.

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IT IS SO ORDERED.
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Dated: July 21, 2016

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_______________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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15733.001 3502126v1

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PLAINTIFFS’ OPPOSITION TO MOTIONS TO DISMISS

3:16-cv-00951 RS