Securities and Exchange Commission v. Jasper

Filing 74

STIPULATION AND ORDER GRANTING REQUEST TO MODIFY DISCOVERY PLAN re 62 Stipulation. The last day to file motions regarding objections to experts anddispositive motions shall be 11/5/2009, and the hearing for both dispositive motions and objections t o experts shall be 12/14/2009 at 9 a.m. Any other deadline calculated from, or which depends upon, the occurrence of any event listed above shall be calculated using these agreed-upon dates, pursuant to the Federal Rules of Civil Procedure. Signed by Judge James Ware on 10/8/2009. (ecg, COURT STAFF) (Filed on 10/8/2009)

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ATTO R N E Y S AT LAW SA N F R A N C I S C O

N UNITED STATES DISTRICT COURT D
SAN JOSE DIVISION

ER

NORTHERN DISTRICT OF CALIFORNIA

F IS T RIC T O

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CARL W. JASPER, Defendant.

CASE NO. CV. 07-6122 JW STIPULATION AND [PROPOSED] ORDER MODIFYING DISCOVERY PLAN

STIPULATION AND [PROPOSED] ORDER CASE NO. CV. 07-6122 JW

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Attorneys for Defendant Carl W. Jasper

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m Judge Ja

es Ware

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LATHAM & WATKINS LLP Steven M. Bauer (Bar No. 135067), [e-mail] Robert E. Sims (Bar No. 116680), [e-mail] 505 Montgomery Street, Suite 2000 San Francisco, California 94111-2562 Telephone: [phone] Facsimile: +415.395.8095

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ATTO R N E Y S AT LAW SA N F R A N C I S C O

WHEREAS, on June 25, 2009, this Court issued an order setting the following relevant pre-trial deadlines: · · · · · September 10, 2009 ­ last day to exchange expert rebuttal reports October 1, 2009 ­ the close of all discovery October 15, 2009 ­ last day to file motions regarding objections to experts November 5, 2009 ­ last day to file dispositive motions November 19, 2009 ­ last day to hear motions regarding objections to experts · December 14, 2009 ­ last day to hear dispositive motions;

WHEREAS, on August 20, 2009 the parties filed a stipulation and proposed order (the "August 2009 Stipulation") requesting minor changes to the discovery schedule to allow for additional time to prepare expert rebuttal reports to complete discovery; WHEREAS, the August 20, 2009 Stipulation requested that the last day for rebuttal reports be moved to September 24, 2009 and that the close of discovery be moved to October 15, 2009 so that the experts could be deposed after rebuttal reports were exchanged; WHEREAS, the August 20, 2009 Stipulation also requested that the last day to file objections to experts be November 5, 2009 in order for the parties to first take the expert depositions prior to filing any objections to experts; WHEREAS, on August 27, 2009, this Court granted the stipulation and proposed order, but modified the stipulation so that the date of the hearing on objections regarding experts and dispositive motions is currently set for November 9, 2009; WHEREAS, the effect of this modification is that the parties would have to file objections to experts on October 5, 2009 and dispositive motions, ten days before the close of fact discovery and likely before all experts have been deposed (as the discovery cut-off is now October 15, 2009); and WHEREAS, the parties respectfully request that the Court move the hearing date for objections to experts and dispositive motions to December 14, 2009 so that the parties can

STIPULATION AND [PROPOSED] ORDER CASE NO. CV. 07-6122 JW

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ATTO R N E Y S AT LAW SA N F R A N C I S C O

complete expert discovery before having to file objections to experts and complete discovery prior to the filing of dispositive motions; IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys that the last day to file motions regarding objections to experts and dispositive motions shall be November 5, 2009, and the hearing for both dispositive motions and objections to experts shall be December 14, 2009 at 9 a.m. Any other deadline calculated from, or which depends upon, the occurrence of any event listed above shall be calculated using these agreed-upon dates, pursuant to the Federal Rules of Civil Procedure. Dated: September 8, 2009 LATHAM & WATKINS LLP

By

______/S/________________________ Christopher W. Johnstone Attorneys for Defendant Carl W. Jasper

Dated: September 8, 2009

SECURITIES AND EXCHANGE COMMISSION By /S/ Mark P. Fickes Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, David M. Friedman hereby attests that concurrence in the filing of this document has been obtained.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

Date: September _____, 2009 October 8, 2009

____________________________________ United States District Court Judge

STIPULATION AND [PROPOSED] ORDER CASE NO. CV. 07-6122 JW