Securities and Exchange Commission v. Hu et al

Filing 85

STIPULATION AND ORDER 84 to Reschedule Case Management Conference: Case Management Conference set for 4/13/2012 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/6/11. (jg, COURT STAFF) (Filed on 10/6/2011)

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]
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4 Attorneys for Plaintiff
SECURITIES AND EXCHANGE
5 COMMISSION
44 Montgomery Street, Suite 2600
6 San Francisco, California 94104
Telephone: [phone]
7 Facsimile: [phone]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
SECURITIES AND EXCHANGE COMMISSION, Case No. 09-CV-01177 RMW

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Plaintiff,
STIPULATION AND [] ORDER
TO RESCHEDULE CASE MANAGEMENT
CONFERENCE

vs.

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ALBERT K. HU,
15 ASENQUA, INC.,
ASENQUA CAPITAL MANAGEMENT, LLC,
16 AQC ASSET MANAGEMENT, LTD., and
FIRESIDE CAPITAL MANAGEMENT, LTD.,
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Defendants.
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The Hon. Ronald M. Whyte
Case Management Conference
Date: October 7, 2011
Time: 10:30 a.m.
Courtroom 6

19 SECURITIES AND EXCHANGE COMMISSION, Case No. 10-CV-01358 RMW
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Plaintiff,
vs.

22 STEPHEN C. BOND
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Defendant.

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WHEREAS, the Court scheduled a further Case Management Conference on

2 October 7, 2011;
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WHEREAS, the criminal trial of defendant Albert Hu, Case no. 09-cr-0487 RMW, is

4 scheduled to begin on March 5, 2012;
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WHEREAS, the parties agreed and the Court concurred at the last Case Management

6 Conference held in this matter that these matters would trail Mr. Hu’s criminal trial because
7 the criminal allegations against Mr. Hu are related to the civil claims filed by plaintiff
8 Securities and Exchange Commission (“Commission”) in these matters;
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WHEREAS, Mr. Hu and defendants Asenqua, Inc., Asenqua Capital Management,

10 LLC, AQC Asset Management, Ltd., and Fireside Capital Management, Ltd. are not
11 represented in the Commission’s civil action;
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WHEREAS, pursuant to discussions with the Court, the parties have refrained from

13 taking discovery pending the outcome of the criminal charges against Mr. Hu;
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WHEREAS, counsel for the Commission and counsel for defendant Stephen C. Bond

15 have met and conferred about the upcoming Case Management Conference and the required
16 Joint Case Management Statement;
17

WHEREAS, counsel agreed to approach the Court to request rescheduling the Case

18 Management Conference for a date following Mr. Hu’s criminal trial; and
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WHEREAS, counsel for the parties recommend that the next date for the Case

20 Management Conference in this action be scheduled for April 13, 2012.
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STIPULATION AND [] ORDER

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09-CV-01177 RMW/10-CV-01358 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 October 7, 2011, be taken off4 calendar and rescheduled for April 13, 2012, at 10:30 a.m.
5

IT IS SO STIPULATED.

6 DATED: September 30, 2011

/s/ Robert L. Tashjian
ROBERT L. TASHJIAN

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Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

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9
10 DATED: September 30, 2011

/s/ Gail Shifman
GAIL SHIFMAN
LAW OFFICES OF GAIL SHIFMAN
44 Montgomery Street, Suite 3850
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Cal. Bar. No. 147334
Attorneys for Defendant
STEPHEN C. BOND

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19 PURSUANT TO STIPULATION, IT IS SO ORDERED.
20 Dated this day of October, 2011.
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_______________________________________

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [] ORDER

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09-CV-01177 RMW/10-CV-01358 RMW