Securities And Exchange Commission v. Berry

Filing 271

STIPULATION AND ORDER 260 Concerning Evidentiary Objections on Briefing for Motions for Partial Summary Judgment. Motion Hearing on Cross-Motions for Summary Reset to 8/26/2011 9:00 AM. Signed by Judge Ronald M. Whyte on 7/22/11. (jg, COURT STAFF) (Filed on 7/22/2011)

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JAMES N. KRAMER (STATE BAR NO. 154709)
[e-mail]
JAMES A. MEYERS (ADMITTED PRO HAC VICE)
[e-mail]
NANCY E. HARRIS (STATE BAR NO. 197042)
[e-mail]
REBECCA F. LUBENS (STATE BAR NO. 240683)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone:
415-773-5700
Facsimile:
415-773-5759
Attorneys for Defendant
LISA C. BERRY

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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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*E-FILED - 7/22/11*

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
vs.
LISA C. BERRY,
Defendant.

Case No. C 07-04431 RMW (HRL)
JOINT STIPULATION AND []
ORDER CONCERNING EVIDENTIARY
OBJECTIONS ON BRIEFING FOR
MOTIONS FOR PARTIAL SUMMARY
JUDGMENT
Judge: Judge Ronald M. Whyte
Dept: 7

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JOINT STIPULATION AND [] ORDER
CONCERNING EVIDENTIARY OBJECTIONS
CASE NO. C 07-04431-RMW (HRL)

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WHEREAS, Plaintiff Securities and Exchange Commission and Defendant Lisa C. Berry

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(each a “Party” and, collectively, the “Parties”) have submitted respective Motions for Partial

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Summary Judgment (Dkt. 237 & 254) (the “Motions”) in the above-captioned action;

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WHEREAS, the Parties anticipate filing opposition briefs concerning the Motions on
July 15, 2011 and reply briefs on July 29, 2011;

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WHEREAS, the record in this action is voluminous on account of a multitude of
documents and deposition testimony in this and related actions;

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WHEREAS, each Party anticipates having objections to evidence presented by the other

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Party in the Motions, and may have objections to the evidence presented in the oppositions and

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replies thereto;

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WHEREAS, having met and conferred and agreed that, notwithstanding Civil Local

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Rule 7-3, which requires that objections must be contained within opposition and reply briefs,

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separate filings consolidating and setting forth each Party’s objections to evidence cited by the

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other Party would be appropriate in light of the voluminous nature of the record; and

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WHEREAS, the Parties further believe that separate filings, served and filed after the

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submission of briefing on the Motions but in advance of the hearing thereon, would be in the

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interest of efficiency and judicial economy for Court and the Parties.

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IT IS HEREBY STIPULATED AS FOLLOWS:

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1.

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Motions and oppositions and replies thereto on August 5, 2011.

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Each Party shall separately file and serve its objections to evidence cited in the

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Each Party shall file and serve responses to the other Party’s evidentiary objections

on August 10, 2011.

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IT IS SO STIPULATED.

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//

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//

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//

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JOINT STIPULATION AND ORDER
CONCERNING EVIDENTIARY OBJECTIONS
CASE NO. C 07-04431-RMW (HRL)

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SECURITIES AND EXCHANGE COMMISSION

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Dated: July 11, 2011

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/s/ Robert L. Tashjian
Robert L. Tashjian
[e-mail]
44 Montgomery Street, Suite 2600
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-705-2501

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Attorneys for Plaintiff
Securities and Exchange Commission

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ORRICK, HERRINGTON & SUTCLIFFE LLP

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Dated: July 11, 2011

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/s/ Rebecca F. Lubens
Rebecca F. Lubens
[e-mail]
405 Howard Street
San Francisco, California 94105
Telephone:
415-773-5700
Facsimile:
415-773-5759
Attorneys for Defendant Lisa Berry

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I, Rebecca F. Lubens, am the ECF User whose User ID and password are being used to file
this Stipulation. In compliance with General Order 45, X.B., I hereby attest that the above-listed
signatories have concurred in this filing.

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*

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*

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court resets the motion hearing
set for August 12, 2011 to August 26, 2011 at 9:00 AM.

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7/22/11
Dated: _________________________

________________________________
Hon. Ronald M. Whyte
United States District Court Judge

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JOINT STIPULATION AND [] ORDER
CONCERNING EVIDENTIARY OBJECTIONS
CASE NO. C 07-04431-RMW (HRL)