Securities and Exchange Commission v. Marshall

Filing 17

ORDER Granting 16 Joint Motion to Extend Time re Pretrial Dates. Dispositive Motions due by 9/18/2018. Signed by Magistrate Judge George Foley, Jr on 8/13/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02189-JAD-GWF Document 16 Filed 08/10/18 Page 1 of 3

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DAVID J. VAN HAVERMAAT (Cal. Bar No. 175761)
Email: [e-mail]
DAVID M. ROSEN (Cal. Bar No. 150880)
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Alka N. Patel, Associate Regional Director
Amy J. Longo, Regional Trial Counsel
444 S. Flower Street, Suite 900
Los Angeles, California 90071
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,
Plaintiff,

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vs.
ROBERT CORTEZ MARSHALL,
Defendant.

Case No. 2:17-cv-2189-JAD-GWF
JOINT MOTION BY PLAINTIFF
SECURITIES AND EXCHANGE
COMMISSION AND
DEFENDANT ROBERT CORTEZ
MARSHALL TO CONTINUE
PRETRIAL DATES

Case 2:17-cv-02189-JAD-GWF Document 16 Filed 08/10/18 Page 2 of 3

Plaintiff Securities and Exchange Commission (“SEC” or “Commission”) and

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defendant Robert Cortez Marshall (“Marshall”), by and through their undersigned

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counsel, jointly move as follows:
On May 7, 2018, the Court entered an order that, among other things, set

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August 19, 2018 as the last date to file dispositive motions in this action. (Dkt. No.

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15). That order was entered pursuant to a stipulation whereby Marshall requested an

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extension of the pretrial deadlines to allow him adequate time to conduct discovery.

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(Dkt. No. 14).
The parties have now reached a tentative settlement with regard to the SEC’s

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claims against Marshall that would result in the entry of a bifurcated judgment

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against Marshall. The settlement is tentative because it is dependent upon the

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Commission authorizing the specific amount of civil penalty that it would seek from

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Marshall, and only the SEC Commissioners in Washington D.C. can make that

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authorization. The authorization process typically takes several weeks, and the SEC

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staff has already begun attempting diligently to obtain authorization regarding the

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civil penalty amount. The SEC staff expects that the SEC Commissioners will

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authorize the civil penalty amount within 30 days of the date of this joint motion.
In light of the tentative settlement between the SEC and Marshall, the parties

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respectfully request that final date to file dispositive motions be continued for 30

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days, until September 18, 2018, to provide time for the SEC Commissioners to

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authorize the civil penalty amount. The SEC staff will notify the Court immediately

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if it appears that authorization of the penalty amount will not take place within 30

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days of this motion.

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Case 2:17-cv-02189-JAD-GWF Document 16 Filed 08/10/18 Page 3 of 3

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DATED: August 9, 2018

/s/ David J. Van Havermaat
David J. Van Havermaat
Attorney for Plaintiff
Securities and Exchange Commission

DATED: August 9, 2018

/s/ H. Stan Johnson
H. Stan Johnson
Attorney for Defendant
Robert Cortez Marshall

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IT IS SO ORDERED.
Dated: ______________
8/13/2018
____________________________________
HON. GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE