Securities & Exchange Commission v. Banc de Binary Ltd.

Filing 68

ORDER granting 67 Stipulation for modifications to scheduling order. Discovery is due by 9/19/2014. Dispositive Motions are due by 10/10/2014. Joint Pretrial Order is due by 11/14/2014.) Signed by Magistrate Judge Cam Ferenbach on 7/14/2014. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:13-cv-00993-RCJ-VCF Document 67 Filed 07/11/14 Page 1 of 6

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JOHN W. BERRY (Cal. Bar No. 295760) (admitted pro hac vice)
Email: [e-mail]
AMY JANE LONGO (Cal. Bar No. 198304) (admitted pro hac vice)
Email: [e-mail]
LESLIE A. HAKALA (Cal. Bar. No. 199414) (admitted pro hac vice)
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Lorraine Echavarria, Associate Regional Director
John W. Berry, Regional Trial Counsel
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SECURITIES AND EXCHANGE
COMMISSION,

Case No.: 2:13-cv-00993-RCJ-VCF
STIPULATION AND [PROPOSED] ORDER
FOR MODIFICATIONS TO SCHEDULING
ORDER

Plaintiff,
vs.
BANC DE BINARY LTD, OREN
SHABAT LAURENT (f/k/a OREN
SHABAT), ET BINARY OPTIONS LTD.,
BO SYSTEMS LTD. SEYCHELLES and
BDB SERVICES LTD. SEYCHELLES,

Stipulation and [Proposed] Order for
Extension Of Time
(second request)

Defendants.

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WHEREAS, Plaintiff Securities and Exchange Commission (the “SEC”) filed its initial
Complaint against Defendant Banc de Binary Ltd (“BdB Ltd”) on June 5, 2013;
WHEREAS, the Court entered a Joint Discovery Plan and Scheduling Order on August
27, 2013 (Dkt. No. 36) (the “Scheduling Order”);

Case 2:13-cv-00993-RCJ-VCF Document 67 Filed 07/11/14 Page 2 of 6

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WHEREAS, the SEC filed a First Amended Complaint against BdB Ltd and Oren Shabat
Laurent on January 16, 2014;
WHEREAS, upon stipulation of the parties, the Court entered a revised Scheduling Order
on February 14, 2014 (Dkt. No. 51) (the “Revised Scheduling Order”);
WHEREAS, the SEC filed a Second Amended Complaint against BdB Ltd, Oren Shabat

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Laurent, ET Binary Options Ltd., BO Systems Ltd. Seychelles, and BDB Services Ltd.

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Seychelles on March 11, 2014;

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WHEREAS, Oren Shabat Laurent filed his answer to the Second Amended Complaint on
April 7, 2014, and the entity defendants—BdB Ltd, ET Binary Options Ltd., BO Systems Ltd.

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Seychelles, and BDB Services Ltd. Seychelles—filed their answer to the Second Amended

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Complaint on April 23, 2014;

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WHEREAS, counsel for the SEC and counsel for the defendants have been working

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together in connection with the written discovery, document productions and depositions in the

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case as to, among other things, the parties added to the case by the Second Amended Complaint;

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WHEREAS, the SEC took the depositions of Oren Shabat Laurent, the Rule 30(b)(6)
designees of the entity defendants and Yehezkel Shabat during the week of July 7, 2014;

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WHEREAS, the parties have recently resolved some outstanding discovery disputes—as

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to, among other things, the parties recently added to the case—the complexity of which has been

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heightened in part by the location of many of the discovery materials in foreign locales;

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WHEREAS, the parties’ resolution of those outstanding discovery disputes, despite the

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parties’ efforts, was not achieved prior to the expiration of the 21-day period under Local Rule

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26-4 within which to request an extension of the scheduling order;

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WHEREAS the parties were nonetheless able to resolve these issues without the
intervention of the Court;
WHEREAS, the parties have met and conferred, and agree to, and respectfully request,

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the following modifications to the Scheduling Order to ensure time for the parties to address

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these recently resolved issues; and

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WHEREAS, this is the parties’ second request to modify the Scheduling Order;

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Case 2:13-cv-00993-RCJ-VCF Document 67 Filed 07/11/14 Page 3 of 6

FOR THE REASONS SET FORTH ABOVE, IT IS HEREBY STIPULATED, by and

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among counsel for the parties as follows:
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Scheduling Order:
a.

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b.

The cut-off for written discovery shall be extended from July 18, 2014 to

September 19, 2014. See id.
c.

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The discovery cut-off date shall be extended from July 18, 2014 to

September 19, 2014. See Dkt. No. 51 (Scheduling Order) at 3.

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The parties stipulate and agree to the following changes to the Revised

The cut-off for oral discovery shall be extended from July 18, 2014 to

September 19, 2014. See id.
d.

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The due date for dispositive motions shall be extended from August 15,

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2014 to October 10, 2014. See id.

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Case 2:13-cv-00993-RCJ-VCF Document 67 Filed 07/11/14 Page 4 of 6

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e.

The due date for the joint pre-trial order shall be extended from September

19, 2014 to November 14, 2014. See id.

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Dated: July 11, 2014

Dated: July 11, 2014

/s/ Amy J. Longo
John W. Berry
Amy J. Longo
Leslie A. Hakala
5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
Telephone: [phone]
Facsimile: [phone]

/s/ Rachel Hirsch
A. Jeff Ifrah
David B. Deitch
Rachel Hirsch
Ifrah Law
1717 Pennsylvania Avenue, NW
Suite 650
Washington, DC 20006-2004
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Securities and Exchange Commission

Attorneys for Defendants

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IT IS SO ORDERED.

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7-14-2014
Dated: ____________________

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The Honorable Cam Ferenbach
United States Magistrate Judge

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Case 2:13-cv-00993-RCJ-VCF Document 67 Filed 07/11/14 Page 5 of 6

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PROOF OF SERVICE
I am over the age of 18 years and not a party to this action. My business address is:
U.S. SECURITIES AND EXCHANGE COMMISSION,
5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036-3648
Telephone No. [phone]; Facsimile No. [phone].
On July 11, 2014, I caused to be served the document entitled STIPULATION AND
[PROPOSED] ORDER FOR MODIFICATIONS TO SCHEDULING ORDER
on all the parties to this action addressed as stated on the attached service list:
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OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and
mailing today following ordinary business practices. I am readily familiar with this agency’s
practice for collection and processing of correspondence for mailing; such correspondence would
be deposited with the U.S. Postal Service on the same day in the ordinary course of business.
☐
PERSONAL DEPOSIT IN MAIL: By placing in sealed envelope(s), which I
personally deposited with the U.S. Postal Service. Each such envelope was deposited with the
U.S. Postal Service at Los Angeles, California, with first class postage thereon fully prepaid.
☐
EXPRESS U.S. MAIL: Each such envelope was deposited in a facility regularly
maintained at the U.S. Postal Service for receipt of Express Mail at Los Angeles, California, with
Express Mail postage paid.
☐
HAND DELIVERY: I caused to be hand delivered each such envelope to the office of
the addressee as stated on the attached service list.
☐
UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United
Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a facility
regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California.
☐
ELECTRONIC MAIL: By transmitting the document by electronic mail to the
electronic mail address as stated on the attached service list.
☒
E-FILING: By causing the document to be electronically filed via the Court’s CM/ECF
system, which effects electronic service on counsel who are registered with the CM/ECF system.
☐
FAX: By transmitting the document by facsimile transmission. The transmission was
reported as complete and without error.
I declare under penalty of perjury that the foregoing is true and correct.
Date: July 11, 2014

/s/ Amy J. Longo
Amy J. Longo

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Case 2:13-cv-00993-RCJ-VCF Document 67 Filed 07/11/14 Page 6 of 6

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SEC v. Banc de Binary Ltd, et al.
United States District Court – District of Nevada
Case No. 2:13-cv-00993-RCJ-VCF

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SERVICE LIST

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A. Jeff Ifrah, Esq.
David B. Deitch, Esq.
Rachel Hirsch, Esq.
Ifrah PLLC
1717 Pennsylvania Avenue, NW, Suite 650
Washington, DC 20006-2004
[e-mail]
[e-mail]
[e-mail]
Tel: [phone]

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Craig S. Denney, Esq.
SNELL & WILMER L.L.P
50 West Liberty Street
Suite 510
Reno, Nevada 89501
[e-mail]
[e-mail]
Tel: [phone]

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Attorneys for Defendants

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