Securities and Exchange Commission v. Graham, II et al

Filing 81

ORDER Denying as moot 58 Motion for Speedy Trial. Signed by Judge James C. Mahan on 12/8/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SECURITIES AND EXCHANGE
COMMISSION,

2:09-CV-250 JCM (LRL)

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Plaintiff,

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v.

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LEWIS E. GRAHAM II and
FLOWORKS, INC.,

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Defendants.

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ORDER

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Presently before the court is defendant Lewis E. Graham, II’s motion for speedy trial. (Doc.
#58). Plaintiff, the Securities and Exchange Commission, did not file an opposition.

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Defendant’s motion is moot. Shortly after defendant filed his motion, the court set a jury trial

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for February 6, 2012. (Doc. #61). Further, the parties have engaged in settlement discussions which

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have allegedly resulted in a settlement agreement. (Docs. #73, #76, and #79). According to status

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reports filed by plaintiff, the Securities and Exchange Commission “requires additional time” to

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approve the agreement because it “requires an analysis of [defendant’s] financial condition.” (Doc

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#79). If the Securities and Exchange Commission fails to approve the settlement agreement, the

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parties will go to trial as scheduled on February 6, 2012.

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...

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Lewis E.

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Graham, II’s motion for speedy trial (doc. #58) be, and the same hereby is, DENIED as moot.
DATED this 8th day of December, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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