Securities And Exchange Commission v. Heinen et al

Filing 30

Securities And Exchange Commission v. Heinen et al

Doc. 30

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FOLEY & LARDNER LLP ONE MARITIME PLAZA, SIXTH FLOOR SAN FRANCISCO, CA 94111 TELEPHONE: [phone] FACSIMILE: 415.434.4507 THOMAS F. CARLUCCI, BAR NO. 135767 [e-mail] ERIN J. HOLLAND, BAR NO. 233305 [e-mail] FOLEY & LARDNER LLP 555 SOUTH FLOWER STREET, SUITE 3500 LOS ANGELES, CA 90071 TELEPHONE: [phone] FACSIMILE: 213.486.0065 PAMELA L. JOHNSTON, BAR NO. 132558 [e-mail] Attorneys for Non-Party Wendy Howell MILES EHRLICH (BAR NO. 237954) [e-mail] ISMAIL RAMSEY (BAR NO. 189820) [e-mail] RAMSEY & EHRLICH LLP 803 Hearst Avenue Berkeley, CA 94710 [phone] (Tel) [phone] (Fax) Attorneys for Defendant Nancy R. Heinen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. NANCY R. HEINEN, Defendant. Case No.: C-07-2214(JF) JOINT STIPULATION REGARDING NON-PARTY WENDY HOWELL'S MOTION TO QUASH; [PROPOSED] ORDER Magistrate Judge Howard R. Lloyd Date: January 15, 2008 Time: 10:00 a.m. Dept: Courtroom 2, 5th Floor
Case No. C-07-2214 (JF)

JOINT STIPULATION
SFCA_889105.1

Dockets.Justia.com

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SFCA_889105.2

Defendant Nancy Heinen ("Heinen") and Non-Party Wendy Howell ("Howell"), by and through their respective counsel of record, HEREBY STIPULATE AND AGREE that: 1. Ms. Howell's motion to quash is currently scheduled to be heard on January 15,

2008 at 10:00 a.m. in front of Hon. Howard R. Lloyd. 2. Defendant Heinen hereby withdraws all subpoenas issued to Bank of Alameda,

Bank of the West, Washington Mutual, Wells Fargo & Co., Western Sunrise Mortgage, California State University, Stanford University, and Non-Party Howell's former employer for records concerning Non-Party Howell. 3. Non-Party Howell hereby withdraws her motion to quash, filed with this Court on

November 2, 2007, subject to Ms. Howell's right to re-file or re-notice her motion to quash if Ms. Heinen subpoenas or re-subpoenas any entities regarding Ms. Howell. 4. calendar. 5. Non-Party Howell hereby agrees to produce redacted documents from California The hearing set for January 15, 2008, at 10:00 a.m., be removed from the Court's

State University, Stanford University and Ms. Howell's former employer, as agreed to by counsel. 6. By December 14, 2007, Defendant Heinen and her counsel agree to return to Ms.

Howell's counsel the originals and all copies thereof of all documents provided by subpoenaed parties in advance of the subpoena date as discussed between the parties (e.g., the bank records currently being held by Mr. Ehrlich).

DATED: December 10, 2007

FOLEY & LARDNER LLP By: /s/ Pamela L. Johnston Pamela L. Johnston Foley & Lardner, LLP Attorneys for Non-Party Wendy Howell

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Case No. C-07-2214 (JF)

JOINT STIPULATION

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SFCA_889105.2

DATED: December 10, 2007

RAMSEY & EHRLICH LLP

By: /s/ Miles Ehrlich Miles Ehrlich Ismail Ramsey Attorneys for Defendant Nancy Heinen

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Case No. C-07-2214 (JF)

JOINT STIPULATION

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SFCA_889105.2

ORDER Pursuant to the foregoing STIPULATION of the parties: 1. Ms. Howell's motion to quash is currently scheduled to be heard on January 15,

2008 at 10:00 a.m. in front of Hon. Howard R. Lloyd. 2. Defendant Heinen hereby withdraws all subpoenas issued to Bank of Alameda,

Bank of the West, Washington Mutual, Wells Fargo & Co., Western Sunrise Mortgage, California State University, Stanford University, and Non-Party Howell's former employer for records concerning Non-Party Howell. 3. Non-Party Howell hereby withdraws her motion to quash, filed with this Court on

November 2, 2007, subject to Ms. Howell's right to re-file or re-notice her motion to quash if Ms. Heinen subpoenas or re-subpoenas any entities regarding Ms. Howell. 4. calendar. 5. Non-Party Howell will produce redacted documents from California State The hearing set for January 15, 2008, at 10:00 a.m., be removed from the Court's

University, Stanford University and Ms. Howell's former employer, as agreed to by counsel. 6. By December 14, 2007, Defendant Heinen and her counsel will return to Ms.

Howell's counsel the originals and all copies thereof of all documents provided by subpoenaed parties in advance of the subpoena date as discussed between the parties (e.g., the bank records currently being held by Mr. Ehrlich).

DATED: December __, 2007

By: Hon. Howard R. Lloyd Magistrate Judge, United States District Court

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JOINT STIPULATION