Securities And Exchange Commission v. Schroeder

Filing 204

STIPULATION AND ORDER AS MODIFIED BY THE COURT RE AMENDED SCHEDULING ORDER re 203 Stipulation. Close of All Discovery due by 6/7/2010. Last Date for Hearing Dispositive Motions due by 9/20/2010. Preliminary Pretrial Conference statement due 5/28/2010. Preliminary Pretrial Conference set for 6/7/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 1/11/2010. (ecg, COURT STAFF) (Filed on 1/11/2010)

UNIT ED

5 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 6 44 Montgomery Street, Suite 2600 San Francisco, California 94104 7 Telephone: [phone] Facsimile: [phone] 8 9 10 11 12 13 14 SECURITIES AND EXCHANGE COMMISSION, 15 16 vs. Plaintiff,

ER

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C-07-3798 JW STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER

17 KENNETH L. SCHROEDER, 18 19 20 21 22 Plaintiff Securities and Exchange Commission and Defendant Kenneth L. Schroeder hereby Defendant.

23 stipulate to, and propose that the Court adopt, an amended scheduling order, as follows: 24 25 26 140]; 27 28 WHEREAS the Court entered an amended scheduling order for this case on June 19, 2009; STIPULATION WHEREAS the Court entered a scheduling order for this case on May 11, 2009 [Docket No.

SEC v. Schroeder, No. C 07-3798 JW

STIPULATION AND [PROPOSED] ORDER

A

C

1/11/2010

LI

FO

mes Wa Judge Ja

re

R NIA

1 MARC J. FAGEL (Cal. Bar No. 154425) MARK P. FICKES (Cal Bar No. 178570) 2 [e-mail] SUSAN F. LA MARCA (Cal. Bar No. 215231) 3 [e-mail] ELENA RO (Cal. Bar No. 197308) 4 [e-mail]

S

S DISTRICT TE C TA

ERED O ORD D IT IS S DIFIE AS MO

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// ///

WHEREAS the parties have commenced tentative settlement discussions to see if this case can be resolved before trial; WHEREAS the parties believe the assistance of a mediator may be helpful in determining whether this case can be resolved before trial, and whereas the parties have agreed on Judge Fern M. Smith (retired) as the mediator; WHEREAS the parties have been diligent in pursuing discovery and believe that discovery should continue to proceed; and WHEREAS the parties believe that additional time is necessary to complete discovery and also to engage in meaningful discussions with the assistance of Judge Smith; and WHEREAS the parties believe that an extension of three months to the current deadlines as set forth in the Court's amended discovery order would allow them to complete discovery and have a meaningful mediation; IT IS HEREBY STIPULATED by the parties and the parties ask the Court to adopt as its scheduling order, the following: · · · · · · · · Close of All Discovery ­ June 7, 2010 Last Date for Filing Dispositive Motions ­ July 5, 2010
September 2010 Last Date for Hearing Dispositive Motions ­ August 9, 20, 2010 at 9:00 AM

Preliminary Pretrial Conference at 11:00 a.m. ­ June 7, 2010 May 10, 2010
May 28, 2010 Preliminary Pretrial Conference Statements ­ April 30, 2010

Expert Witness Disclosure ­ April 5, 2010 Rebuttal Expert Witness Disclosure ­ April 19, 2010 Last Day for Hearing Objections to Experts - May 31, 2010

SEC v. Schroeder, No. C 07-3798 JW

-2-

STIPULATION AND [PROPOSED] ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: December 21, 2009

Respectfully Submitted,

/s/ Mark P. Fickes Mark P. Fickes Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION /s/ Shirli Weiss Shirli Weiss Attorney for Defendant KENNETH L. SCHROEDER Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Mark P. Fickes herby attests that concurrence in the filing of this document on behalf of DLA Piper has been obtained from Shirli Weiss, Esq.

PURSUANT TO STIPULATION, IT IS SO ORDERED:AS MODIFIED.

Dated: January 11, 2010 2009 December ___,

James Ware UNITED STATES DISTRICT JUDGE

SEC v. Schroeder, No. C 07-3798 JW

-3-

STIPULATION AND [PROPOSED] ORDER