Securities and Exchange Commission v. Silva

Filing 34

STIPULATION AND ORDER re 32 Continuing Case Management Conference. Case Management Statement due by 6/1/2011. Case Management Conference set for 6/8/2011 02:00 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 4/22/2011. (lhklc1, COURT STAFF) (Filed on 4/22/2011)

MARC J. FAGEL (SBN. 154425)
1 [e-mail]
ROBERT L. MITCHELL (SBN. 161354)
2 [e-mail]
SAHIL W. DESAI (SBN. 197358)
3 [e-mail]
SECURITIES AND EXCHANGE
4 COMMISSION
44 Montgomery Street, Suite 2600
5 San Francisco, California 94104
Telephone: [phone]
6 Facsimile: [phone]
Attorneys for Plaintiff
7 SECURITIES AND EXCHANGE
COMMISSION
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9 BOIES, SCHILLER & FLEXNER LLP
David W. Shapiro (SBN 219265)
10 [e-mail]
David L. Zifkin (SBN 232845)
11 [e-mail]
1999 Harrison St., Suite 900
12 Oakland, CA 94612
Telephone: [phone]
13 Facsimile: [phone]

LAW OFFICE OF DAVID T. ALEXANDER
David T. Alexander (SBN 49996)
[e-mail]
332 Sheridan Avenue
Piedmont, CA 94611
Telephone:[phone]
Facsimile: [phone]

14 Attorneys for Defendant
BENJAMIN SILVA, III
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,

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Case No. 09-05395-LHK
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

vs.
BENJAMIN SILVA, III,
Defendant.

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STIPULATION AND PROPOSED ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE
SEC V. SILVA, CASE NO. 09-05395-LHK

1

This stipulation is entered into by and among plaintiff Securities and Exchange Commission

2 (“Commission”) and defendant Benjamin Silva, III to continue the case management conference
3 currently schedule for April 27, 2011 to June 15, 2011 as follows:
4

On January 27, 2011, the Commission and Mr. Silva participated in a Court-ordered

5 mediation. As a result of the mediation, the Commission staff and Mr. Silva reached an agreement in
6 principle to settle this litigation.
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On January 31, 2011, pursuant to stipulation of the parties, the Court entered an order

8 vacating a case management conference set for February 2, 2011, and re-setting it for April 27, 2011.
9 Dkt. No. 31. The parties requested this postponement so that they could document the settlement
10 reached during the mediation and submit it for consideration and ratification by the Commission.
11

There were some unanticipated delays in documenting the settlement. However, the parties

12 have now documented the settlement and have submitted it for consideration to the Commission.
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In order to allow time for the Commissioners to consider and vote whether to ratify the

14 proposed settlement, the parties hereby stipulate and request that the Court enter an order that (1)
15 continues the case management conference currently scheduled for April 27, 2011 to June 15, 2011
16 and (2) continues the current fact discovery cut-off to a date to be determined at the June 15 case
17 management conference.
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19 DATED: April 18, 2011

Respectfully Submitted,

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/s/ Robert L. Mitchell
Robert L. Mitchell
Securities and Exchange Commission
44 Montgomery Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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STIPULATION AND PROPOSED ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE
SEC V. SILVA, CASE NO. 09-05395-LHK

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DATED: April 18, 2011

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/s/ David L. Zifkin
David W. Shapiro
David L. Zifkin
Boies, Schiller, & Flexner LLP
1999 Harrison Street
Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510-874-1460

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David T. Alexander
Law Office of David T. Alexander
332 Sheridan Avenue
Piedmont, CA 94611
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
BENJAMIN SILVA, III

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ORDER
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Based on the foregoing stipulation of the parties, and for good cause appearing, it is ordered
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that (1) the case management conference scheduled for April 27, 2011 is hereby continued to
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June 8
2:00 p.m.
___________________, 2011 at __________, and (2) the current fact discovery cut-off date of June
June 8
17, 2011 is hereby continued to a date to be determined at the ____________, 2011 case management

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conference. No further continuances will be granted.
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SO ORDERED.
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April 22, 2011
Dated: _____________________

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____________________________________
UNITED STATES DISTRICT JUDGE

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STIPULATION AND PROPOSED ORDER TO
CONTINUE CASE MANAGEMENT CONFERENCE
SEC V. SILVA, CASE NO. 09-05395-LHK

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