Filed: Aug. 23, 2011
Latest Update: Aug. 23, 2011
Summary: STIPULATION AND [ ] SCHEDULING ORDER RONALD M. WHYTE, District Judge. Whereas, Defendant Lisa C. Berry ("Ms. Berry") has submitted to Plaintiff Securities and Exchange Commission ("SEC" or "Commission") a signed offer of settlement, which if accepted by the Commission and entered by the Court would resolve this matter, and which the Commission's counsel will recommend that the Commission accept; Whereas, the Commission, as a public agency, follows a process for consideration of such offers th
Summary: STIPULATION AND [ ] SCHEDULING ORDER RONALD M. WHYTE, District Judge. Whereas, Defendant Lisa C. Berry ("Ms. Berry") has submitted to Plaintiff Securities and Exchange Commission ("SEC" or "Commission") a signed offer of settlement, which if accepted by the Commission and entered by the Court would resolve this matter, and which the Commission's counsel will recommend that the Commission accept; Whereas, the Commission, as a public agency, follows a process for consideration of such offers tha..
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STIPULATION AND [ ] SCHEDULING ORDER
RONALD M. WHYTE, District Judge.
Whereas, Defendant Lisa C. Berry ("Ms. Berry") has submitted to Plaintiff Securities and Exchange Commission ("SEC" or "Commission") a signed offer of settlement, which if accepted by the Commission and entered by the Court would resolve this matter, and which the Commission's counsel will recommend that the Commission accept;
Whereas, the Commission, as a public agency, follows a process for consideration of such offers that the Commission's counsel estimates will require approximately six weeks;
Whereas, pursuant to the Court's Scheduling Order dated March 23, 2011 (Dkt No. 181), trial is scheduled to commence in this action on October 24, 2011, and the Court has scheduled a Pretrial Conference for September 8, 2011;
Whereas, the Trial Date and Pre-trial Conference Date have been previously rescheduled, one time, as described in the Stipulation and Order entered February 7, 2011 (Dkt No. 154);
Whereas, pursuant to the Court's Order entered July 22, 2011 (Dkt No. 271), the Court set August 26, 2011 as the date for hearing the parties' respective motions for partial summary judgment;
Whereas, the parties have agreed to postpone taking any further depositions until after October 11, 2011, to allow sufficient time for the Commission to consider the offer and to limit any litigation expenses before that date;
Whereas the parties believe it is in their best interests, and in the interest of efficiency, to permit sufficient time for the Commission to consider the defendant's offer without simultaneously preparing for trial, additionally considering the effects on third parties, including significant expenses that would be incurred by third parties to this litigation in defraying the expenses for the defense of this action;
IT IS THEREFORE STIPULATED:
1. The parties jointly request that the Court reset trial to commence on January 9, 2012, or as soon thereafter as the Court's schedule may permit;
2. The parties jointly further request that the Court reset the Pretrial Conference for Thursday, December 15, 2011 at 2:00 p.m., or as soon thereafter as the Court's schedule may permit;
3. The parties jointly further request that the Court reset the hearing on the parties' respective motions for partial summary judgment for November 18, 2011 at 9:00 a.m.
IT IS SO STIPULATED.
The Commission's undersigned counsel of record, Susan F. LaMarca, hereby attests that Rebecca F. Lubens concurs in the filing of this Stipulation and [Proposed] Order in accordance with General Order No. 45, Electronic Case Filing, Section 10(b).
ORDER
Pursuant to the stipulation of the parties, and for good cause shown, the Court resets the following dates:
Trial to commence: January 9, 2012
Pretrial Conference: December 15, 2011, at 2:00 p.m. (with all other pretrial submissions due in accordance with the Court's Standing Order re: Pretrial Preparation)
Hearing on pending motions for partial summary judgment: November 18, 2011, at 9:00 a.m.
IT IS SO ORDERED.
