Securities and Exchange Commission v. Sperry et al

Filing 16

STIPULATION FOR BRIEFING SCHEDULE re parties' 15 Stipulated Motion. The Commission shall file its motion in support of civil penalties against Kirk Sperry and disgorgement and civil penalties against Sperry and Sons no later than Friday, 10/22/2021. Opposition due Monday, 11/8/2021. Reply brief due 11/19/2021. Signed by Judge Ricardo S. Martinez. (PM)

1

THE HONORABLE RICARDO S. MARTINEZ

2
3
4
5
6
7
8
9
10
UNITED STATES DISTRICT COURT

11

WESTERN DISTRICT OF WASHINGTON

12

SEATTLE DIVISION

13
14
15
16
17
18
19

SECURITIES AND EXCHANGE COMMISSION, Civil Action No. 2:20-cv-01337-RSM
________________
Plaintiff,
STIPULATION FOR BRIEFING SCHEDULE

vs.
KIRK SPERRY, and
SPERRY AND SONS CAPITAL INVESTMENTS,
LLC,
Defendants.

20
21

This stipulation is entered into by and among plaintiff Securities and Exchange

22

Commission (the “Commission”) and defendants Kirk Sperry and Sperry and Sons Capital

23

Investments, LLC (“Sperry and Sons”) (collectively, “the Parties”) by and through their

24

respective counsel. In support of this stipulation, the parties jointly state as follows:

25
26
27
28

1. The parties jointly filed a Notice of Partial Settlement and Request to Vacate
Pretrial and Trial Dates on May 3, 2021.
2. On May 5, 2021, the Court entered Judgment as to Defendant Kirk Sperry (ECF
No. 12) and Judgment as to Defendant Sperry and Sons Capital Investments, LLC

SEC v. SPERRY
STIPULATION FOR BRIEFING SCHEDULE
CASE NO. 2:20-CV-01337-RSM

1

SECURITIES AND EXCHANGE COMMISSION
44 MONTGOMERY STREET, SUITE 2800
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]

1

(ECF No. 13) (“the Judgments”). Pursuant to Section III of the Judgments, the

2

Court shall determine the amounts of the disgorgement and civil penalty upon

3

motion of the Commission.

4
5

3. The Parties have made significant progress in their settlement discussions on the
issue of the monetary terms and are in the final stages of negotiating a resolution.

6

4. The Parties have met and conferred and, to allow the Parties sufficient time to

7

attempt to finalize a settlement, the Parties agree to the following schedule for

8

briefing the Commission’s proposed monetary remedies and entry of final

9

judgment:

10

a. The Commission shall file its motion in support of civil penalties against

11

Kirk Sperry and disgorgement and civil penalties against Sperry and Sons

12

no later than Friday, October 22, 2021.

13
14
15
16

b. Defendants Kirk Sperry and Sperry and Sons shall file their opposition to
that motion no later than Monday, November 8, 2021.
c. The Commission shall file its reply brief in support of its motion no later
than Friday, November 19, 2021.

17

5. The parties agree that the above briefing schedule will be in the best interest of the

18

Parties and the Court, will serve the interest of judicial economy, and will conserve

19

the resources of the Court and the Parties.

20

WHEREFORE, the parties hereby stipulate to briefing schedule as detailed herein.

21
22 Dated: July X, 2021
23

Respectfully submitted,

24
25
26
27
28

________________________________________
Silvana Quintanilla (Conditionally
Admitted Pursuant to LCR 83.1(c)(2))
Securities and Exchange Commission
44 Montgomery Street, Suite 2800
San Francisco, CA 94104
SEC V. SPERRY
STIPULATION FOR BRIEFING SCHEDULE
CASE NO. 2:20-CV-01337-RSM

-2-

SECURITIES AND EXCHANGE COMMISSION
44 MONTGOMERY STREET, SUITE 2800
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]

1
2
3

Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff Securities and
Exchange Commission

4
5
6
7
8
9
10

________________________________________
Edward P. Weigelt, Jr., Esq.
Law Offices of Edward P. Weigelt, Jr.
9222 36th Avenue SE
Everett, WA 98208
Attorney for Defendants Kirk Sperry and Sperry and
Sons Capital Investments, LLC

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SEC V. SPERRY
STIPULATION FOR BRIEFING SCHEDULE
CASE NO. 2:20-CV-01337-RSM

-3-

SECURITIES AND EXCHANGE COMMISSION
44 MONTGOMERY STREET, SUITE 2800
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]

ORDER

1
2

Upon consideration of the stipulation filed by the Parties, IT IS SO ORDERED and

3 GRANTED that the Court enter the Stipulation for Briefing Schedule.
4
5
6

DATED this 16th day of July, 2021.

7
8

A

9
10

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SEC V. SPERRY
STIPULATION FOR BRIEFING SCHEDULE
CASE NO. 2:20-CV-01337-RSM

-4-

SECURITIES AND EXCHANGE COMMISSION
44 MONTGOMERY STREET, SUITE 2800
SAN FRANCISCO, CA 94104
TELEPHONE: [phone]