Securities & Exchange Commission v. Roberts

Filing 6

ORDER Granting 5 Joint Motion to Stay Proceedings until the conclusion of the criminal action against Defendant in the U.S. District Court for the District of Montana, Case No. CR 16-19-GF-BMM. The Defendant shall have 60 days from the conclusion of the criminal action to file an answer. Signed by Magistrate Judge Peggy A. Leen on 9/1/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01664-APG-PAL Document 5 Filed 08/18/16 Page 1 of 2

Daniel J. Wadley (Utah #10358) admitted pro hac vice
[e-mail]
Amy J. Oliver (Utah Bar #8785) admitted pro hac vice
[e-mail]
James J. Thibodeau (Utah #15473) admitted pro hac vice
[e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Salt Lake Regional Office
351 South West Temple
Suite 6.100
Salt Lake City, UT 84101-1950
Tel.: [phone]
Fax: [phone]

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

SECURITIES AND EXCHANCE
COMISSION,
Plaintiff,

v.

Case No. 2:16-CV-1664

ZACHARY BROOKE ROBERTS, an
Individual,
Defendant.

STIPULATED MOTION TO STAY PROCEEDINGS
Plaintiff Securities and Exchange Commission (“Commission”), and Defendant Zachary
Brooke Roberts (“Roberts”), through their respective counsel, hereby stipulate and agree:

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Case 2:16-cv-01664-APG-PAL Document 5 Filed 08/18/16 Page 2 of 2

On March 18, 2016, the United States filed a criminal case in the U.S. District Court for
the District of Montana entitled United States of America v. Encore Services, LLC, and Zachary
Brooke Roberts, Case No. CR 16-19-GF-BMM (“criminal action”). The conduct alleged in U.S.
v. Encore is substantially similar to the conduct alleged by the Commission in the instant action.
Roberts has proposed, and the Commission has agreed, subject to the Court’s approval, to a stay
of this action until the conclusion of the criminal action.
Based upon the foregoing, IT IS HEREBY STIPULATED AND AGREED that, subject
to this Court’s approval, the above-captioned action shall be stayed until the resolution of the
criminal action against Roberts following the entry of this order. Notice shall be given to the
Court upon resolution of criminal proceedings. The Defendant shall have 60 days from the
conclusion of the criminal action to file an answer.

DATED: August 18, 2016
Respectfully Submitted,

/s/ Daniel J. Wadley
/s/ Rachel Hirsch
Daniel J. Wadley
Attorney for Defendant
Amy J. Oliver
Ifrah Law
James J. Thibodeau
Attorneys for Plaintiff
U.S. Securities and Exchange Commission

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Case 2:16-cv-01664-APG-PAL Document 5-1 Filed 08/18/16 Page 1 of 2

Daniel J. Wadley (Utah #10358) admitted pro hac vice
[e-mail]
Amy J. Oliver (Utah Bar #8785) admitted pro hac vice
[e-mail]
James J. Thibodeau (Utah #15473) admitted pro hac vice
[e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Salt Lake Regional Office
351 South West Temple
Suite 6.100
Salt Lake City, UT 84101-1950
Tel.: [phone]
Fax: [phone]

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

SECURITIES AND EXCHANCE
COMISSION,
Plaintiff,

v.

Case No. 2:16-CV-1664

ZACHARY BROOKE ROBERTS, an
Individual,
Defendant.

PROPOSED ORDER TO STAY PROCEEDINGS
Based on the foregoing stipulation of the parties, and for good cause shown, the Court
hereby orders that these proceedings, and any deadlines herein, shall be stayed and continued
until the conclusion of the criminal action against Zachary Brooke Roberts in the U.S. District
Court for the District of Montana, Case No. CR 16-19-GF-BMM. Notice shall be given to the

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Case 2:16-cv-01664-APG-PAL Document 5-1 Filed 08/18/16 Page 2 of 2

Court upon resolution of criminal proceedings. The Defendant shall have 60 days from the
conclusion of the criminal action to file an answer.

IT IS SO ORDERED.

Peggy A. Leen
UNITED STATES MAGISTRATE JUDGE
DATED: September 1, 2016

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