Securities And Exchange Commission v. Bond

Filing 38

STIPULATION AND ORDER 37 to Suspend Settlement Conference and Trial Date. Case Management Conference set for 8/9/2013 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 5/9/13. (jg, COURT STAFF) (Filed on 5/9/2013)

1 MICHAEL S. DICKE (Cal. Bar No. 158187)
ROBERT TASHJIAN (Cal. Bar No. 191007)
[e-mail]
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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
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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SECURITIES AND EXCHANGE COMMISSION, Case No. 10-CV-1358 RMW
STATUS UPDATE AND JOINT REQUEST
Plaintiff,
TO SUSPEND SETTLEMENT CONFERENCE
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AND TRIAL DATE WITH []
vs.
ORDER
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STEPHEN C. BOND,
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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 Dkt. 33];
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WHEREAS, the Court also ordered a Settlement Conference before Magistrate Judge

4 Laurel Beeler, currently scheduled for May 17, 2013 [Dkt. 36];
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WHEREAS, counsel for plaintiff Securities and Exchange Commission (the

6 “Commission”) and defendant Stephen C. Bond, through counsel, have engaged in on-going
7 discussions to resolve the claims at issue in this matter for some time;
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WHEREAS, the parties recently reached an agreement in principle to resolve this

9 matter completely without trial;
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WHEREAS, counsel for the Commission has agreed to recommend that the

11 Commission accept the proposed resolution;
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WHEREAS, in the ordinary course of business, the Commission’s process for

13 considering settlement proposals can take up to eight weeks; and
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WHEREAS, counsel for the Commission and counsel for Mr. Bond jointly request

15 that the Court suspend the Settlement Conference and the Pretrial and Trial dates until the
16 Commission has an opportunity to consider the proposed resolution.
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THEREFORE, subject to the Court’s approval, the parties hereby stipulate to the

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1. The Settlement Conference, currently scheduled for May 17, 2013, is taken

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off-calendar and the parties’ obligation to submit settlement conference

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statements is suspended;

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2. The Pretrial Conference, currently scheduled for May 23, 2013, is taken off-

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calendar and the parties’ obligation to submit pretrial statements and other

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papers is suspended;

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3. Trial, currently scheduled to commence June 3, 2013, is taken off-calendar;

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4. The Court shall set a Case Management Conference on Friday, August , 2013,

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at 10:30 a.m., or at such date and time as the Court shall determine, to discuss

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the status of this matter; and

JOINT REQUEST AND [] ORDER

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10-CV-1358 RMW

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5. The Case Management Conference shall be taken off-calendar in the event that

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the Court enters a proposed Final Judgment, as submitted by the parties, to

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resolve this matter completely.

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IT IS SO STIPULATED.

5 DATED: May 2, 2013

/s/ Robert L. Tashjian
ROBERT L. TASHJIAN

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Attorney for Plaintiff
SECURITIES AND EXCHANGE
COMMISSION

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9 DATED: May 2, 2013

/s/ Gail Shifman
GAIL SHIFMAN
LAW OFFICES OF GAIL SHIFMAN
601 California Street, Suite 1800
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Cal. Bar. No. 147334
Attorneys for Defendant
STEPHEN C. BOND

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18 PURSUANT TO STIPULATION, IT IS SO ORDERED.
19 Dated this __ day of May, 2013.
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_______________________________________

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UNITED STATES DISTRICT JUDGE

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JOINT REQUEST AND [] ORDER

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10-CV-1358 RMW