Securities and Exchange Commission v. Hu et al

Filing 98

STIPULATION AND ORDER 95 to Reschedule Settlement Conference: Settlement Conference set for 5/17/2013 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Judge Ronald M. Whyte on 1/16/13. (jg, COURT STAFF) (Filed on 1/16/2013)

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 2800
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-1177 RMW

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Plaintiff,
JOINT REQUEST AND [] ORDER
TO RESCHEDULE SETTLEMENT
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. Laurel Beeler
Settlement Conference
Date: January 23, 2013
Time: 10:30 a.m.
450 Golden Gate Ave., San Francisco
Courtroom C

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SECURITIES AND EXCHANGE COMMISSION, Case No. 10-CV-1358 RMW
Plaintiff,

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vs.
STEPHEN C. BOND
Defendant.

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WHEREAS, the Court by Order dated August 8, 2012, set a trial date of June 3, 2013

2 in this matter [see Bond Dkt. 91];
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WHEREAS, the Court also ordered a Settlement Conference “on a date to be set in

4 January 2013” [id.];
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WHEREAS, the parties received a Notice and Order Regarding Settlement Conference

6 on August 9, 2012 [see Hu Dkt. 34] (the “Settlement Conference Order”), scheduling the
7 Settlement Conference on January 23, 2013;
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WHEREAS, counsel for plaintiff Securities and Exchange Commission (the

9 “Commission”) and counsel for defendant Stephen C. Bond have engaged in on-going
10 discussions to resolve the claims against Mr. Bond;
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WHEREAS, counsel for the Commission and counsel for Mr. Bond believe that the

12 parties are close to reaching a resolution;
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WHEREAS, counsel for the Commission has not been in contact with defendant

14 Albert Hu and defendants Asenqua, Inc., Asenqua Capital Management, LLC, AQC Asset
15 Management, Ltd., and Fireside Capital Management, Ltd., who are not represented in the
16 Commission’s civil action;
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WHEREAS, counsel for the Commission intends to file a dispositive motion against

18 Mr. Hu and Asenqua defendants based on, among other things, the verdict against Mr. Hu and
19 the anticipated final judgment against him in the related criminal proceedings;
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WHEREAS, counsel for Mr. Bond underwent a medical procedure on January 11,

21 2013, and is currently recovering and unable to participate in the scheduled Settlement
22 Conference on January 23, 2013;
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WHEREAS, in light of counsel’s medical recovery and the current status of settlement

24 discussions, the parties agreed to request a continuance of the Settlement Conference; and
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WHEREAS, pursuant to Paragraph (F) of the Settlement Conference Order, the parties

26 have reviewed the Judge Beeler’s calendar and propose May 17, 2013, at 9:30 a.m. for the
27 Settlement Conference.
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STIPULATION AND [] ORDER

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

1

THEREFORE, pursuant to Paragraph (F) of the Settlement Conference Order, the

2 parties agree to request Judge Whyte’s approval that the Settlement Conference be scheduled
3 after January 2013, and request Judge Beeler’s Order scheduling the Settlement Conference
4 on May 17, 2013, at 9:30 a.m.
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IT IS SO STIPULATED.

6 DATED: January 15, 2013

/s/ Robert L. Tashjian
ROBERT L. TASHJIAN

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Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

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10 DATED: January 15, 2013

/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 January, 2013.

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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