Securities And Exchange Commission v. Alexander et al

Filing 28

ORDER DENYING AS MOOT 26 MOTION to Stay. Signed by Judge Koh on 12/29/2010. (lhklc1, COURT STAFF) (Filed on 12/29/2010) (Additional attachment(s) added on 12/29/2010: # 1 Certificate of mailing) (lhklc1, COURT STAFF).

Securities And Exchange Commission v. Alexander et al

Doc. 28

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Case No.: 10-CV-04535-LHK ORDER DENYING AS MOOT DEFENDANT ALEXANDER'S MOTION TO STAY
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-04535-LHK ORDER DENYING AS MOOT DEFENDANT ALEXANDER'S MOTION TO STAY

BARBRA ALEXANDER, BETH PINA, MICHAEL E. SWANSON, AND APS FUNDING, INC., Defendants.

On December 27, 2010, Defendant Barbra Alexander moved to stay discovery and her Answer to the Complaint, pending the resolution of a parallel criminal proceeding. Alexander's motion is virtually identical to a motion to stay previously filed by Michael Swanson, who is also a defendant in this civil enforcement action and the parallel criminal proceeding. On December 22, 2010, the Court granted Swanson's motion to stay all discovery, including the Answers and initial disclosures of all Defendants, subject to case-by-case exceptions for third-party investor witnesses where good cause is shown to allow discovery to proceed. Order Granting Mot. to Stay Answer and Discovery, ECF No. 25. Pursuant to the Court's Order, Alexander's Answer and all discovery (subject to case-by-case exceptions) have already been stayed. Accordingly, the Court DENIES as moot Alexander's motion to stay.

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Alexander is directed to cooperate with the other parties in filing a declaration regarding discovery from third-party investor witnesses, as required by the Court's Order of December 22, 2010. IT IS SO ORDERED.

Dated: December 29, 2010

_________________________________ LUCY H. KOH United States District Judge

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Case No.: 10-CV-04535-LHK ORDER DENYING AS MOOT DEFENDANT ALEXANDER'S MOTION TO STAY