Securities and Exchange Commission v. Hu et al

Filing 51

STIPULATION AND ORDER re 49 to Continue Case Management Conference: Case Management Conference set for 1/8/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 12/3/09. (jg, COURT STAFF) (Filed on 12/3/2009)

1 MARC J. FAGEL (Cal. Bar No. 154425) ROBERT TASHJIAN (Cal. Bar No. 191007) [e-mail] 2 ELENA RO (Cal. Bar No. 197308) [e-mail] 3 4 Attorneys for Plaintiff SECURITIES AND EXCHANGE 5 COMMISSION 44 Montgomery Street, Suite 2600 6 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] 8 9 10 11 12 13 14 vs.

*E-FILED- 12/3/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, Case No. 09-CV-01177 RMW Plaintiff, STIPULATION AND [] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

ALBERT K. HU, 15 ASENQUA, INC., ASENQUA CAPITAL MANAGEMENT, LLC, 16 AQC ASSET MANAGEMENT, LTD., and FIRESIDE CAPITAL MANAGEMENT, LTD., 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28

1

WHEREAS, the Court scheduled a further Case Management Conference on

2 December 4, 2009; 3 WHEREAS, Robert Tashjian, lead trial counsel for plaintiff Securities and Exchange

4 Commission in this action, became unavailable to attend the Case Management Conference 5 on December 4, 2009, because opposing counsel in a different action had scheduled a 6 conflicting obligation in Los Angeles on the same date; 7 WHEREAS, Alex Park, lead trial counsel for defendants in this action, has an

8 appearance scheduled on December 4, 2009, in a criminal matter in state court; 9 WHEREAS, counsel met and conferred about their conflicting obligations, the Case

10 Management Conference, and the Joint Case Management Statement; 11 WHEREAS, counsel agreed to approach the Court to request rescheduling the Case

12 Management Conference; 13 WHEREAS, counsels' next available date for the Case Management Conference in

14 this action is January 8, 2010; and 15 WHEREAS, the parties intend to file their Joint Case Management Statement by

16 November 27, 2009, and will update it as necessary if the Case Management Conference is 17 rescheduled per the parties' request. 18 // 19 // 20 // 21 22 23 24 25 26 27 28 STIPULATION AND [] ORDER -1CASE NO. 09-CV-01177 RMW

1

THEREFORE, pursuant to Rules 7-12 and 16(e) of the Court's Local Rules, and the

2 Court's Standing Order Regarding Case Management in Civil Cases, the parties agree to 3 request that the Case Management Conference scheduled for December 4, 2009, be taken off4 calendar and rescheduled for January 8, 2010, at 10:30 a.m. 5 IT IS SO STIPULATED. /s/ Robert L. Tashjian ROBERT L. TASHJIAN Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION DATED: November 25, 2009 /s/ Alex C. Park ALEX C. PARK LAW OFFICES OF ALEX C. PARK 4675 Stevens Creek Boulevard, Suite 100 Santa Clara, CA 95051 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorney for Defendants ALBERT K. HU, ASENQUA, INC, ASENQUA CAPITAL MANAGEMENT, LLC, AQC ASSET MANAGEMENT, LTD., and FIRESIDE CAPITAL MANAGEMENT, LTD.

6 DATED: November 25, 2009 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 *

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22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 Dated this 3 day of December, 2009. 24 25 26 27 28 STIPULATION AND [] ORDER -2CASE NO. 09-CV-01177 RMW _______________________________________ UNITED STATES DISTRICT JUDGE