Securities and Exchange Commission v. Malley et al

Filing 18

ORDER: granting 17 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned sine die. Any motion to intervene and stay this case must be made by March 10, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/17/2021) (ama)

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Case 1:21-cv-00237-VEC Document 17 Filed 02/16/21 Page 1 of 2 18 02/17/21 MEMO ENDORSED February 16, 2021 VIA FAX AND ECF The Honorable Valerie E. Caproni United States District Judge Southern District of New York Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 RE: USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 2/17/2021 SEC v. Malley et al., (21-CV-237) (VEC) Dear Judge Caproni: The SEC and Defendants Eric C. Malley and MG Capital Management LP, submit the following joint status report and adjournment request. The SEC commenced this civil enforcement action on January 12, 2021. The SEC completed service on the Defendants and Relief Defendants in this action. On the same date that the SEC commenced this action, the United States Attorneys’ Office for the Southern District of New York (“USAO”) unsealed its criminal complaint against Mr. Malley charging him with one count of securities fraud and one count of wire fraud and he was arrested. The allegations in the criminal complaint are based on the same facts alleged in the SEC’s complaint. The parties are informed that the USAO plans to intervene in this action for the purposes of seeking a stay while the criminal action is proceeding. The Defendants will consent to such a stay application. The SEC will take no position as to such a stay application. In light of the pending criminal action and the anticipated stay motion, the parties jointly request that the initial conference scheduled for February 26, 2021 be adjourned and rescheduled to a later date. This is the parties’ first adjournment request. The parties likewise request leave from filing the joint letter, civil case management plan, and proposed scheduling order on February 18 as described in the Court’s Amended Notice of Initial Pretrial Conference dated January 19, 2021. Case 1:21-cv-00237-VEC Document 17 Filed 02/16/21 Page 2 of 2 18 02/17/21 Respectfully submitted, /s/ Todd. D. Brody Todd D. Brody Senior Trial Counsel cc: Kerry A. Lawrence (by email) Agents for service for Relief Defendants (by first class mail) Application GRANTED. The initial pretrial conference is adjourned sine die. Any motion to intervene and stay this case must be made by March 10, 2021. SO ORDERED. HON. VALERIE CAPRONI UNITED STATES DISTRICT JUDGE 2/17/2021

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