CUBAN v. SECURITIES AND EXCHANGE COMMISSION

Filing 51

Unopposed MOTION for Extension of Time to the July 1, 2011 Court Ordered Deadlines by SECURITIES AND EXCHANGE COMMISSION (Hernandez, Juanita)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
MARK CUBAN,
)
)
Plaintiff,
)
)
v.
)
)
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
Defendant.
)
__________________________________________)

Case: 1:09-cv-00996
Assigned: Walton, Reggie B.
Description: FOIA/Privacy Act

SEC’S UNOPPOSED MOTION FOR EXTENSION OF TIME OF THE JULY 1, 2011
COURT ORDERED DEADLINES
Defendant, the United States Securities and Exchange Commission (“SEC” or the
“Commission”), by and through the undersigned counsel hereby moves for additional time of two
weeks to file its revised motion for partial summary judgment and supporting evidence pursuant to
this Court’s Order of July 1, 2011 and to extend all other deadlines in that Order as requested below.
Good cause exists to grant this motion.
1. On July 1 , 2011, this Court entered an Opinion and Order granting in part and denying
in part Defendant’s Motion for Reconsideration. The Court also ordered Defendant to file a new
motion for summary judgment and a revised Vaughn Index by September 29, 2011. Pursuant to that
Order, Plaintiff’s response to the SEC’s new motion for partial summary judgment and cross motion
for summary judgment are due by November 14, 2011, and Defendant’s opposition to Plaintiff’s
cross motion for summary judgment and reply in support of its own motion for summary judgment
are due by December 14, 2011.
2. In light of recent events in litigation between a former employee and the SEC, the

Commission is revisiting its decision to withhold under Exemption 6 of the FOIA documents
responsive to Plaintiff’s FOIA requests that contain information that now may be available to the
public. The SEC expects that it will be producing additional documents due to this development, but
it needs more time to review and conduct its FOIA analysis.
3.

In addition, the Commission will shortly be releasing an investigative report from its

Office of Inspector General (OIG) concerning allegations made by Mark Cuban that may impact the
Commission’s FOIA analysis of certain documents at issue in this case and lead to production of
those documents. The Commission, however, is still in the process of deciding what, if any, portions
of that report are protected from disclosure.
4. As a result of both of these developments, the Commission requests an extension of two
weeks within which to file its revised Motion for Partial Summary Judgment and revised Vaughn
Index pursuant to this Court’s Order of July 1, 2011.
5. On September14, 2011, Commission counsel conferred with Plaintiff’s counsel, Lyle
Roberts, and explained that given the new circumstances, the Commission was requesting additional
time until October 13, 2011 to file its new partial motion for summary judgment and revised Vaughn
Index and for similar extensions of time of two weeks on the other deadlines pursuant to this Court’s
Order of July 1, 2011. Plaintiff’s counsel has informed the Commission that his client will not
oppose this motion.
6. Accordingly, the Commission requests an extension of time on the current scheduling
deadlines of this Court s’s July 1, 2011 Order as follows: Defendant’s motion for partial summary
judgment and revised Vaughn Index until October 13, 2011; Plaintiff’s opposition to Defendant’s
motion and the filing of his cross motion until November 28, 2011; Defendant’s reply to Plaintiff’s

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response of its motion and opposition to Plaintiff’s cross motion until December 28, 2011.
7. There is good cause to grant this motion. For the foregoing reasons, the SEC respectfully
requests that it be afforded an extension of the deadline for filing its revised motion for partial
summary judgment and revised Vaughn Index until and including October 13, 2011 and to extend
all the remaining deadlines as requested above. Some of the responsive documents at issue may no
longer be exempt under FOIA and may be produced as a result of the above-referenced recent
developments, narrowing the documents still in dispute in this matter.

Respectfully submitted,

/s/ ]âtÇ|àt VA [xÜÇtÇwxé
Juanita C. Hernández
D.C. Bar No.449797
Melinda Hardy
D.C. Bar No. 431906
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-9612
[e-mail]
[e-mail]
202-551-5152 (telephone) (Hernandez)
202-772-9263 (facsimile)
Dated: September 16, 2011

Attorneys for Defendant

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CERTIFICATE OF CONFERENCE
I certify that on September 14, 2011, I as counsel for Defendant Securities and Exchange
Commission conferred by telephone with Lyle Roberts as counsel for Plaintiff Mark Cuban
concerning the filing of this motion for extension of time. Counsel for Plaintiff does not oppose this
Motion for extension of time.
/s/ ]âtÇ|àt VA [xÜÇtÇwxé
Juanita C. Hernández

CERTIFICATE OF SERVICE
On September 16, 2011, I electronically submitted the foregoing document with the clerk
of the court for the United States District Court for the District of Columbia, using the electronic
case filing system of the Court. I hereby certify that I have served all counsel of record
electronically.

/s/ ]âtÇ|àt VA [xÜÇtÇwxé
Juanita C. Hernández

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
SECURITIES AND EXCHANGE
)
COMMISSION,
)
)
Defendant.
)
__________________________________________)
MARK CUBAN,

Case: 1:09-cv-00996
Assigned: Walton, Reggie B.
Description: FOIA/Privacy Act

[PROPOSED] ORDER
UPON CONSIDERATION of Defendant’s Unopposed Motion for Extension of Time of the
this Court’s Order of July 1, 2011 in this action, and for good cause shown, it is hereby:
ORDERED that Defendant’s Motion is GRANTED, and it further
ORDERED that the new filing deadlines are as follow:
Defendant’s motion for partial summary judgment and revised Vaughn Index is due October 13,
2011; Plaintiff’s opposition to Defendant’s motion and cross motion for summary judgment is due
November 28, 2011; Defendant’s reply to Plaintiff’s in support of its motion and opposition to
Plaintiff’s cross motion is due December 28, 2011.
Signed and Entered on ______________, 2011.

___________________________________
Hon. Reggie B. Walton
United States District Judge