Securities and Exchange Commission v. Ascenergy LLC et al

Filing 79

ORDER Granting 77 Motion to Continue Pretrial Order Deadline. IT IS ORDERED THAT the parties deadline to file a pretrial order in this matter is extended until 30 days after decision of 76 Plaintiff's pending Motion to Set Remedies in the event the decision leaves any remaining issues for trial. Signed by Magistrate Judge Peggy A. Leen on 12/28/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-01974-GMN-PAL Document 77 Filed 12/19/16 Page 1 of 5

1
2
3
4
5
6
7

DAVID REECE (TX Bar No. 24002810)
Email: [e-mail]
KEEFE BERNSTEIN (TX Bar No. 24006839)
Email: [e-mail]
Securities and Exchange Commission
801 Cherry Street, Suite 1900
Fort Worth, TX 76102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Securities and Exchange Commission

8
9

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

10
11
12

SECURITIES AND EXCHANGE
COMMISSION,

Case No.: 2:15-cv-01974-GMN-PAL

13
14
15
16

Plaintiff,
vs.
ASCENERGY LLC and
JOSEPH (a/k/a JOEY) GABALDON,

17
18
19

Defendants,
PYCKL LLC and ALANAH
ENERGY, LLC,

20
21
22
23
24
25
26
27
28

Relief Defendants.

THE PARTIES’ JOINT MOTION TO
CONTINUE PRETRIAL ORDER
DEADLINE

Case 2:15-cv-01974-GMN-PAL Document 77 Filed 12/19/16 Page 2 of 5

1
2

Plaintiff Securities and Exchange Commission (“Plaintiff) and Defendant Ascenergy
LLC, Defendant Joseph Gabaldon, and Relief Defendant Alanah Energy, LLC (collectively, the

3
“Appearing Defendants”) submit this Joint Motion to Continue the Pretrial Order Deadline, and
4
5

respectfully show the Court as follows.
1.

6
7

joint pretrial order no later than January 9, 2017. ECF No. 74.

8
9
10

On November 3, 2016, the Court entered an Order requiring the parties to file a

2.

To conserve resources, the Court set the pretrial order deadline 30 days after the

Court-ordered settlement conference in this matter. Id. That settlement conference was initially
scheduled for December 8, 2016. Id.

11
3.

However, on November 10, 2016, the Court entered an order continuing the

12
13
14

settlement conference to January 24, 2017. ECF No. 75. The order did not specifically address
the January 9, 2017 pretrial order deadline.
4.

15
16
17
18

To conserve judicial and party resources, the parties respectfully request that the

Court continue the pretrial order deadline until: (a) further notice of the Court, or alternatively,
(b) 30 days after the Court rules on Plaintiff’s pending Motion to Set Remedies Amounts and for
Entry of Final Judgment against the Appearing Defendant [ECF No. 76], or alternatively, (c) 30

19
20

days after the completion of the settlement conference.
5.

21

The Court has entered an Agreed Judgment against the Appearing Defendants.

22

ECF No. 63. As set forth in the Agreed Judgment, the only issue remaining as to Plaintiff’s

23

claims against the Appearing Defendants is the determination by the Court of Plaintiff’s motion

24

to set the amount of civil penalties, disgorgement, and prejudgment interest. Id.1 If no

25

agreement on remedies is reached at the settlement conference, the parties anticipate that the

26
27
28

1

The Court authorized Plaintiff to file its pending motion to set the amount of remedies and to enter Final Judgment
in the Agreed Judgment, and the Court may decide the motion based solely on the parties’ submissions. Id. at III.

2

Case 2:15-cv-01974-GMN-PAL Document 77 Filed 12/19/16 Page 3 of 5

1
2

Court will set the amount of remedies and enter Final Judgment against the Appearing
Defendants.

3
6.

Accordingly, the parties do not believe that any triable issues between them

4
5

remain.2 To the extent the Court determines a joint pretrial order is appropriate under the

6

circumstances, the parties request leave to file the pretrial order upon further notice of the Court,

7

or alternatively, 30 days after the Court rules on the Plaintiff’s pending Motion to Set Remedies

8

Amounts and for Entry of Final Judgment against the Appearing Defendant, or alternatively, 30

9

days after the completion of the settlement conference.

10

7.

The requested relief will conserve judicial and party resources and will not delay

11
the resolution of this action.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

2

Relief Defendant Pyckl LLC (“Pyckl”) has not answered this action. Plaintiff is engaged in ongoing settlement
discussions with Pyckl and anticipates that it will be filing a Motion for Entry of an Agreed Final Judgment or,
alternatively, a Request for Entry of Default Judgment against Pyckl.

28

3

Case 2:15-cv-01974-GMN-PAL Document 77 Filed 12/19/16 Page 4 of 5

1

Dated: December 19, 2016

Respectfully submitted,

2
/s/ Keefe M. Bernstein
David B. Reece
Texas Bar No. 24002810
Keefe M. Bernstein
Texas Bar No. 24006839
SECURITIES AND EXCHANGE
COMMISSION
Fort Worth Regional Office
Burnett Plaza, Suite 1900
801 Cherry Street, Unit #18
Fort Worth, TX 76102-6882
[phone] (phone) (dbr)
[phone] (phone) (kb)
[phone] (facsimile)

3
4
5
6
7
8
9
10
11

Attorneys for Plaintiff
Securities and Exchange Commission

12
13

/s/ Ethan J. Brown
Ethan J. Brown
SBN 218814
Brown, Neri, Smith & Khan LLP
11766 Wilshire Blvd., Suite 1670
Los Angeles, CA 90025
[phone] (phone)
[phone] (facsimile)

14
15
16
17
18

Attorneys for Defendant Joseph Gabaldon,
Defendant Ascenergy LLC, and
Relief Defendant Alanah Energy, LLC

19
20
21
22
23
24
25
26
27
28

4

Case 2:15-cv-01974-GMN-PAL Document 77 Filed 12/19/16 Page 5 of 5

1
2
3

CERTIFICATE OF SERVICE
I hereby certify that on December 19, 2016, a true and correct copy of the foregoing was
filed with the Clerk of Court using the CM/ECF system which will send electronic notification of

4
the filing to all filers under LR IC 1-1. In addition, I caused a true and correct copy of the
5
6
7
8
9
10
11

foregoing to be mailed by U.S. Mail to the following addresses:
Ethan J. Brown
Jill Ray Glennon
Brown Neri Smith & Khan LLP
11766 Wilshire Boulevard, Suite 1670
Los Angeles, CA 90025
Craig A. Newby
2300 W. Sahara Ave., #1200
Las Vegas, NV 89102

12
13

Counsel for Ascenergy LLC, Alanah
Energy, LLC, and Joseph Gabaldon

14
15
16

/s/ Keefe M. Bernstein
Keefe M. Bernstein

17
18
19
20
21
22
23
24
25
26
27
28

5

Case 2:15-cv-01974-GMN-PAL Document 77-1 Filed 12/19/16 Page 1 of 1

1

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

2
3
4
5
6
7
8
9
10
11
12
13
14

SECURITIES AND EXCHANGE
COMMISSION,

Case No.: 2:15-cv-01974-GMN-PAL
ORDER GRANTING JOINT MOTION
TO CONTINUE PRETRIAL ORDER
DEADLINE

Plaintiff,
vs.
ASCENERGY LLC and
JOSEPH (a/k/a JOEY) GABALDON,
Defendants,
PYCKL LLC and ALANAH
ENERGY, LLC,
Relief Defendants.

Before the Court is the Joint Motion of Plaintiff Securities and Exchange Commission and
Defendant Ascenergy LLC, Defendant Joseph Gabaldon, and Relief Defendant Alanah Energy, LLC to

15
Continue the Pretrial Order Deadline. Having considered the Joint Motion, the Court finds that the motion
16
17

is meritorious and should be granted.

18

IT IS ORDERED THAT the parties’ deadline to file a pretrial order in this matter is extended

19

until 30 days after decision of Plaintiff's pending Motion to Set Remedies (ECF No. 76) in the event the

20

decision leaves any remaining issues for trial.

21

IT IS SO ORDERED:

22
23

___________________________________
UNITED STATES MAGISTRATE JUDGE

24

DATED: December 28, 2016

25
26
27
28