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)

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1 MARC J. FAGEL (Cal. Bar No. 154425) ROBERT TASHJIAN (Cal. Bar No. 191007) tashjianr@sec.gov 2 ELENA RO (Cal. Bar No. 197308) roe@sec.gov 3 4 Attorneys for Plaintiff SECURITIES AND EXCHANGE 5 COMMISSION 44 Montgomery Street, Suite 2800 6 San Francisco, California 94104 Telephone: (415) 705-2500 7 Facsimile: (415) 705-2501 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, Case No. 09-CV-1177 RMW 12 13 Plaintiff, JOINT REQUEST AND [] ORDER TO RESCHEDULE SETTLEMENT CONFERENCE vs. 14 ALBERT K. HU, 15 ASENQUA, INC., ASENQUA CAPITAL MANAGEMENT, LLC, 16 AQC ASSET MANAGEMENT, LTD., and FIRESIDE CAPITAL MANAGEMENT, LTD., 17 Defendants. 18 The Hon. Laurel Beeler Settlement Conference Date: January 23, 2013 Time: 10:30 a.m. 450 Golden Gate Ave., San Francisco Courtroom C 19 20 SECURITIES AND EXCHANGE COMMISSION, Case No. 10-CV-1358 RMW Plaintiff, 21 22 23 24 25 26 27 28 vs. STEPHEN C. BOND Defendant. 1 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]; 3 WHEREAS, the Court also ordered a Settlement Conference “on a date to be set in 4 January 2013” [id.]; 5 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; 8 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; 11 WHEREAS, counsel for the Commission and counsel for Mr. Bond believe that the 12 parties are close to reaching a resolution; 13 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; 17 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; 20 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; 23 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 25 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. 28 STIPULATION AND [] ORDER -1- 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. 5 IT IS SO STIPULATED. 6 DATED: January 15, 2013 /s/ Robert L. Tashjian ROBERT L. TASHJIAN 7 Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION 8 9 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: (415) 551-1500 Facsimile: (415) 551-1502 Cal. Bar. No. 147334 Attorneys for Defendant STEPHEN C. BOND 11 12 13 14 15 16 17 * * * 18 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 Dated this _ day of January, 2013. 21 22 _______________________________________ 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 STIPULATION AND [] ORDER -2- 09-CV-01177 RMW/10-CV-01358 RMW

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