Securities And Exchange Commission v. Berry

Filing 211

STIPULATION AND ORDER SHORTENING TIME re 210 (AS MODIFIED BY THE COURT). The SEC's motion is due by 5/12/2011 at 1:00 p.m. Berry's opposition is due by 5/12/2011 at 6:00 p.m. The SEC's reply is due by 5/18/2011. Unless the Court notifies the parties otherwise, no hearing will be set for this motion. Signed by Magistrate Judge Howard R. Lloyd on 5/11/2011. (hrllc1, COURT STAFF) (Filed on 5/11/2011)

1 MARC J. FAGEL (Cal. Bar No. 154425)
[e-mail]
2 SUSAN F. LaMARCA (Cal. Bar No. 213251)
[e-mail]
3 ROBERT L. TASHJIAN (Cal. Bar No. 191007)
[e-mail]
4 ROBERT L. MITCHELL (Cal. Bar No. 161354)
[e-mail]
5 JEREMY E. PENDREY (Cal. Bar No. 187075)
[e-mail]
6 ELENA RO (Cal. Bar No. 197308)
[e-mail]
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Attorneys for Plaintiff
8 SECURITIES AND EXCHANGE COMMISSION
44 Montgomery Street, Suite 2600
9 San Francisco, California 94104
Telephone: [phone]
10 Facsimile: [phone]

** E-filed May 11, 2011 **

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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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15 SECURITIES AND EXCHANGE COMMISSION,

Case No. C-07-4431-RMW (HRL)

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STIPULATION AND [PROPOSED]
ORDER TO SHORTEN TIME AND
BRIEFING SCHEDULE
AS MODIFIED BY THE COURT
Proposed Hearing Date (if required):
Tuesday, May 24, 2011
Time: 10:00 a.m.
Place: Courtroom 2, Fifth Floor

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Plaintiff,
vs.

18 LISA C. BERRY,
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Defendant.

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Magistrate Judge Howard R. Lloyd

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Whereas Plaintiff Securities and Exchange Commission (“SEC” or “Commission”) and

26 Defendant Lisa C. Berry (“Ms. Berry”) have reached an impasse over an expert discovery matter,
27 despite efforts to meet and confer on the topic;
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CASE NO. C-07-4431 RMW (HRL)

STIP. AND PROPOSED ORDER TO SHORTEN TIME

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Whereas the Commission has informed Ms. Berry’s counsel that the Commission will file a

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motion pursuant to Rule 26(b)(4) of the Federal Rules of Civil Procedure seeking the Court’s ruling

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on whether each party should be required to incur the costs of any fees charged by experts the party

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has itself retained for this litigation in connection with depositions of such persons by the opposing

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party;

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Whereas the expeditious determination of this issue will aid in the timely payment of experts
retained for this litigation;
Whereas the proposed briefing schedule, and the hearing on shortened notice should the Court
determine that a hearing is necessary, will not affect any of the other dates in this case;
It is therefore stipulated and agreed, and the parties ask the Court to adopt as its order, the

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following schedule for briefing, and to the extent the Court deems necessary hearing, the

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Commission’s motion:

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SEC to file motion: May 12, 201, by or before 1:00 p.m.

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Ms. Berry to respond to SEC’s motion: May 12, 2011, by or before 6:00 p.m.

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SEC to file reply: May 18, 2011

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Hearing on motion, if the Court determines to hold a hearing: May 24, 2011

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DATED: May 9, 2011

Respectfully submitted,

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/s/ Susan F. LaMarca
Susan F. LaMarca
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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/s/ Amy M. Ross
Amy M. Ross
ORRICK, HERRINGTON & SUTCLIFFE LLP
Attorneys for Defendant
LISA C. BERRY

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The Commission’s undersigned counsel of record, Susan F. LaMarca, hereby attests that Amy
Ross concurs in the filing of this Stipulation and [Proposed] Order in accordance with General Order No.
45, Electronic Case Filing, section 10(b).
CASE NO. C-07-4431 RMW (HRL)

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STIP. AND PROPOSED ORDER TO SHORTEN TIME

ORDER

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SEC to file motion: May 12, 201, by or before 1:00 p.m.

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Ms. Berry to respond to SEC’s motion: May 12, 2011, by or before 6:00 p.m.

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SEC to file reply: May 18, 2011

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Hearing on motion: May 24, 2011

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Unless the Court notifies the parties otherwise, no hearing will be set for this motion.

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IT IS SO ORDERED.

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May 11
Dated: _____________, 2011

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________________________________
Howard R. Lloyd
United States Magistrate Judge

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CASE NO. C-07-4431 RMW (HRL)

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STIP. AND PROPOSED ORDER TO SHORTEN TIME