Securities And Exchange Commission v. Leslie et al

Filing 336

ORDER APPROVING 332 STIPULATION AND JOINT REQUEST FOR ORDER REGARDING BRIEFING SCHEDULE. Signed by Judge Jeremy Fogel on 10/6/2011. (jflc2, COURT STAFF) (Filed on 10/6/2011)

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EDWARD P. DAVIS, JR. (STATE BAR NO. 56847)
[e-mail]
MARK E. BECK (STATE BAR NO. 65163)
[e-mail]
SUSAN D. RESLEY (STATE BAR NO. 161808)
[e-mail]
ROBIN A. LINSENMAYER (STATE BAR NO. 244656)
[e-mail]
DANIELLE VAN WERT (STATE BAR NO. 218245)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Kenneth E. Lonchar

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

Case No. 5:07-cv-03444-JF
STIPULATION AND JOINT REQUEST
FOR [PROPOSED] ORDER REGARDING
BRIEFING SCHEDULE

vs.
MARK LESLIE, et al.,
Defendants.

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CASE NO. 5:07-CV-03444-JF

STIPULATION AND JOINT REQUEST FOR [PROPOSED] ORDER
REGARDING BRIEFING SCHEDULE

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This Stipulation is entered into by and among Plaintiff, the Securities and Exchange

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Commission (“SEC”) and Defendant Kenneth E. Lonchar (“Lonchar”), through their respective

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attorneys of record.

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WHEREAS, on July 14, 2011, the Court entered an Order granting Lonchar’s request to

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file a further motion for summary judgment in the matter (the “Motion”), but did not set a

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briefing schedule or hearing date for the Motion.

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WHEREAS, on August 19, 2011, Lonchar filed his Motion with the Court.

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WHEREAS, on September 9, 2011, the Court informed counsel for the SEC and Lonchar

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that the Court would like to set a date of December 9, 2011 for the hearing on Lonchar’s Motion.

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WHEREAS, the September 9, 2011 communication from the Court also asked the parties

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to submit a stipulation and proposed order regarding a briefing schedule for the Motion.
THEREFORE, the parties hereby STIPULATE, AND JOINTLY REQUEST THE
COURT TO APPROVE, a briefing schedule as follows:

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1. The SEC shall file its opposition to Lonchar’s Motion on or before October 21, 2011.

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2.

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Lonchar shall file his reply brief in support of his Motion on or before November 4,
2011.

3.

The Parties shall argue the Motion on December 9, 2011.

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CASE NO. 5:07-CV-03444-JF

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STIPULATION AND JOINT REQUEST FOR [PROPOSED] ORDER
REGARDING BRIEFING SCHEDULE

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Dated: September 14, 2011

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Respectfully submitted,
ORRICK, HERRINGTON & SUTCLIFFE LLP

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/S/ Susan D. Resley
SUSAN D. RESLEY

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Attorneys for Defendant Kenneth E. Lonchar

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Dated: September 14, 2011

Securities and Exchange Commission

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/s/ With Permission
Richard Hong

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Attorneys for Plaintiff, Securities and Exchange
Commission

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CASE NO. 5:07-CV-03444-JF

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STIPULATION AND JOINT REQUEST FOR [PROPOSED] ORDER
REGARDING BRIEFING SCHEDULE

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ORDER

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Pursuant to stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED
THAT:

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1.

The SEC shall file its opposition to Lonchar’s Motion on or before October 21, 2011.

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2.

Lonchar shall file his reply brief in support of his Motion on or before November 4,

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2011.
3. The Parties shall argue the Motion on December 9, 2011.

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IT IS SO ORDERED.

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Dated: _____________________

____________________________________
THE HONORABLE JEREMY FOGEL

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CASE NO. 5:07-CV-03444-JF

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ORDER RE STIPULATION AND JOINT REQUEST FOR
[PROPOSED] ORDER REGARDING BRIEFING SCHEDULE