STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

LUCY H. KOH, District Judge.

This stipulation is entered into by and among plaintiff Securities and Exchange Commission ("Commission") and defendant Benjamin Silva, III to continue the case management conference currently schedule for February 2, 2011 to April 27, 2011 as follows:

On January 27, 2011, the Commission and Mr. Silva participated in a Court-ordered mediation. As a result of the mediation, the Commission staff and Mr. Silva reached an agreement in principle to settle this litigation.

As a federal government agency, the Commission can only act through a vote of its five Presidentially-appointed Commissioners. As a result, any proposed settlement must be presented to the Commissioners for consideration and ratification before the parties may present it to the Court.

In order to allow time for the Commissioners to consider and vote whether to ratify the proposed settlement, the parties hereby stipulate and request that the Court enter an order that (1) continues the case management conference currently scheduled for February 2, 2011 to April 27, 2011, and (2) continues the current fact discovery cut-off to a date to be determined at the April 27 case management conference.

ORDER

Based on the foregoing stipulation of the parties, and for good cause appearing, it is ordered that (1) the case management conference scheduled for February 2, 2011 is hereby continued to April 27 , 2011 at 2 p.m. , and (2) the current fact discovery cut-off date of June 17, 2011 is hereby continued to a date to be determined at the April 27 , 2011 case management conference.

SO ORDERED.