STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY LITIGATION

JON S. TIGAR, District Judge.

WHEREAS, pursuant to the Court's Scheduling Order (ECF No. 30) ("Scheduling Order"), the parties are to complete fact discovery by April 1, 2019, exchange expert disclosures on April 23, 2019, and complete expert discovery by June 3, 2019, and Plaintiff Securities and Exchange Commission (the "SEC") is to file its motion to determine amounts of disgorgement and civil monetary penalties due ("SEC's Motion") by July 1, 2019;

WHEREAS, pursuant to the Scheduling Order, the hearing on the SEC's Motion is set for August 29, 2019, at 2:00 p.m.;

WHEREAS, pursuant to the Court's Settlement Conference Order (ECF No. 41) ("Settlement Conference Order"), the parties are required to attend an in-person Settlement Conference on June 14, 2019, at 11:00 a.m. before Magistrate Judge Ryu, and also have a settlement conference call on February 21, 2019 (ECF No. 40);

WHEREAS, the SEC served written discovery on Defendants Michael B. Rothenberg and Rothenberg Ventures LLC ("Defendants") on December 18, 2018, and Defendants' responses are due January 17, 2019;

WHEREAS, Defendants served written discovery on the SEC on January 5, 2019, and the SEC's responses are due February 4, 2019;

WHEREAS, on January 14, 2019, Defendants requested a 30-day extension of time to respond to the SEC's written discovery on the basis of (i) travel conflicts during the December holidays, (ii) counsel for Defendants, Marc Fagel, subsequently announcing his forthcoming retirement, and (iii) Defendants are now seeking new counsel;

WHEREAS, due to a lapse in appropriations, the SEC shut down as of December 27, 2018, and most personnel have been furloughed, and are prohibited from working except in very limited circumstances;

WHEREAS, the parties previously sought one modification of the time for deadlines related to the Settlement Conference (see ECF No. 39) and have not sought any modifications of the Scheduling Order;

ACCORDINGLY, it is HEREBY STIPULATED by and between the undersigned parties that the current deadlines for responses to written discovery are extended by 30 days, and for the foregoing reasons, the parties respectfully stipulate to and request the Court stay this case until the shutdown ends, at which time the SEC suggests that the parties meet and confer to determine whether to propose a revised Civil Case Management Plan and Scheduling Order, and whether to propose modifications to the Settlement Conference Order, within seven (7) days of the SEC reopening.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION

I, E. Barrett Atwood, am the ECF User whose identification and password are being used to file this Stipulation and Proposed Order. I hereby attest that each of the above parties or their representatives concurs in this filing.