Securities and Exchange Commission v. AIC, Inc. et al

Filing 70

ORDER resetting the Jury Trial for 9/23/2013 at 9:00 AM in Courtroom 3C - Knoxville before Chief District Judge Thomas A Varlan. The parties shall contact the chambers of the Honorable Thomas A. Varlan, Chief United States District Judge, to set a pretrial conference. Guidance on production issues and depositions is more fully described herein. Signed by Magistrate Judge H Bruce Guyton on November 30, 2012. (mailed to pro se parties) (AYB)

UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
SECURITIES AND EXCHANGE COMMISSION, )
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Plaintiff,
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V.
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AIC, Inc., et al.,
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Defendants.
)

No. 3:11-CV-176
(VARLAN/GUYTON)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and the discovery dispute provision of the Scheduling Order [Doc. 41].
On November 28, 2012, the Court conducted a telephonic conference to address
discovery disputes and scheduling in this matter.
representing the Plaintiff.

Attorney Michael Rinaldi was present

Attorneys Steven Biss and Heather Anderson were present

representing Defendants AIC, Inc., Community Bankers Securities, LLC, Nicholas D.
Skaltsounis, Allied Beacon Partners, Inc., Advent Securities, Inc., and Allied Beacon Wealth
Management, LLC.

Notice of this telephonic conference was mailed to Defendants John B.

Guyette and John Graves, who are proceeding pro se, but neither Mr. Guyette nor Mr. Graves
participated in the call.

The Court heard the parties’ positions, reviewed the parties’ submissions on their
disputes, and discussed the issues presented with the parties during the telephone conference. As
more fully explained in the conference, the Court ORDERS:
1. The trial in this matter is RESET to commence at 9:00 a.m. on September 23, 2013;
2. The parties shall contact the chambers of the Honorable Thomas A. Varlan, United States
District Judge, to set a pretrial conference;
3. All unexpired deadlines contained in the Scheduling Order [Doc. 41] are RESET to
correspond to the new trial date;
4. The parties SHALL CONFER and attempt to resolve and/or narrow their production
issues on or before December 7, 2012;
5. The parties are GRANTED LEAVE to file Motions to Compel to address any
production issues that are outstanding on or after December 10, 2012;
6. The Plaintiff is GRANTED LEAVE to take seven (7) additional hours of deposition
testimony from Defendant Nicholas D. Skaltsounis, who has been identified as both a
person with knowledge of relevant facts and a Rule 30(b)(6) deponent for Defendant
corporations. If additional deposition testimony time is required, the Plaintiff may move
for additional time; and
7. Finally, when conducting depositions in this case,
a. Counsel shall not direct or request that a witness not answer a question, unless
that counsel has objected to the question on the ground that the answer is
protected by a privilege or a limitation on evidence directed by the Court;

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b. Counsel shall not make objections or statements which might suggest an answer
to a witness. Counsels’ statements when making objections should be succinct,
stating the basis of the objection and nothing more; and
c. Counsel and their witness-clients shall not engage in private, off-the-record
conferences while the deposition is proceeding in session, except for the purpose
of deciding whether to assert a privilege. Counsel may confer with their clients
during mid-morning, lunch, mid-afternoon, or overnight breaks in the deposition.
However, counsel for a deponent may not request such a break while a question is
pending or while there continues a line of questioning that may be completed
within a reasonable time preceding such scheduled breaks.
If counsel for any party fails to abide by these guidelines, the parties shall recess from the
deposition in which the conduct occurred and call the chambers of the undersigned immediately.
IT IS SO ORDERED.
ENTER:
s/ H. Bruce Guyton
United States Magistrate Judge

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