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Securities and Exchange Commission v. Loomis, 2:10-cv-00458-KJM-KJN. (2014)

Court: District Court, E.D. California Number: infdco20140319e55 Visitors: 4
Filed: Mar. 18, 2014
Latest Update: Mar. 18, 2014
Summary: STIPULATION FOR ORDER TO VACATE DEADLINE FOR PLAINTIFF'S REMEDIES MOTION AGAINST DEFENDANT JOHN HAGENER KIMBERLY J. MUELLER, Magistrate Judge. STIPULATION TO VACATE REMEDIES MOTION DEADLINE By its Order dated February 10, 2014, this Court set a deadline of March 13, 2014 by which plaintiff Securities and Exchange Commission ("Commission") must either (1) file its motions for remedies against defendants Lawrence "Lee" Loomis ("Loomis") and John Hagener ("Hagener") or (2) submit a stipulation
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STIPULATION FOR ORDER TO VACATE DEADLINE FOR PLAINTIFF'S REMEDIES MOTION AGAINST DEFENDANT JOHN HAGENER

KIMBERLY J. MUELLER, Magistrate Judge.

STIPULATION TO VACATE REMEDIES MOTION DEADLINE

By its Order dated February 10, 2014, this Court set a deadline of March 13, 2014 by which plaintiff Securities and Exchange Commission ("Commission") must either (1) file its motions for remedies against defendants Lawrence "Lee" Loomis ("Loomis") and John Hagener ("Hagener") or (2) submit a stipulation to continue the deadline for its remedies motion against Loomis and/or Hagener. Docket No. 102. On March 4, 2014, Hagner submitted his written plea agreement in the related criminal proceeding, United States v. Lawrence Loomis, whereby he pled guilty to conspiracy to commit mail fraud. The Court in the criminal proceeding has set Hagener's sentencing hearing for June 10, 2014. In light of Hagener's plea agreement, counsel for the Commission and Hagener agree that the Commission should have until after Hagener's sentencing to decide what remedies it wishes to pursue against Hagener in this case. The parties therefore stipulate to entry of an order providing that:

1. The current deadline for the Commission to file its remedies motion as to Hagener will be vacated.

2. The Commission and Hagener will submit a joint status report within thirty days after entry of the final judgment of criminal conviction against Hagener in the related criminal proceeding. The joint status report will advise the Court what remedies the Commission still intends to pursue against Hagener and the parties' proposed time table for resolving any remaining remedies issues as to Hagener.

3. In the joint status report, the Commission will also advise the Court whether the Commission still intends to pursue default judgments against the entity defendants, Loomis Wealth Solutions LLC and Lismar Financial Services, LLC, and, if so, the proposed time table for filing and hearing any motions for entry of default judgments.

This stipulation does not change the current deadline for the Commission to file its remedies motion against Loomis.

ORDER VACATING REMEDIES MOTION DEADLINE

Plaintiff Securities and Exchange Commission and defendant John Hagener having stipulated to entry of this Order through their counsel, and good cause appearing, the Court sets the following deadlines regarding the remedies phase of this case:

1. The current March 13, 2014 deadline for the Commission to file its remedies motion as to Hagener is hereby vacated. The current deadline for a remedies motion as to defendant Lawrence "Lee" Loomis shall remain in effect.

2. The Commission and Hagener will submit a joint status report within thirty days after entry of the final judgment of criminal conviction against Hagener in the related criminal proceeding. The joint status report will advise the Court what remedies the Commission still intends to pursue against Hagener and the parties' proposed time table for resolving any remaining remedies issues as to Hagener.

3. In the joint status report, the Commission will also advise the Court whether the Commission still intends to pursue default judgments against the entity defendants, Loomis Wealth Solutions LLC and Lismar Financial Services, LLC, and, if so, the proposed time table for filing and hearing any motions for entry of default judgments.

SO ORDERED.

Source:  Leagle

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