STIPULATION AND [ ] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

RONALD M. WHYTE, District Judge.

WHEREAS, the Court scheduled a further Case Management Conference on October 7, 2011;

WHEREAS, the criminal trial of defendant Albert Hu, Case no. 09-cr-0487 RMW, is scheduled to begin on March 5, 2012;

WHEREAS, the parties agreed and the Court concurred at the last Case Management Conference held in this matter that these matters would trail Mr. Hu's criminal trial because the criminal allegations against Mr. Hu are related to the civil claims filed by plaintiff Securities and Exchange Commission ("Commission") in these matters;

WHEREAS, Mr. Hu and defendants Asenqua, Inc., Asenqua Capital Management, LLC, AQC Asset Management, Ltd., and Fireside Capital Management, Ltd. are not represented in the Commission's civil action;

WHEREAS, pursuant to discussions with the Court, the parties have refrained from taking discovery pending the outcome of the criminal charges against Mr. Hu;

WHEREAS, counsel for the Commission and counsel for defendant Stephen C. Bond have met and conferred about the upcoming Case Management Conference and the required Joint Case Management Statement;

WHEREAS, counsel agreed to approach the Court to request rescheduling the Case Management Conference for a date following Mr. Hu's criminal trial; and

WHEREAS, counsel for the parties recommend that the next date for the Case Management Conference in this action be scheduled for April 13, 2012.

THEREFORE, pursuant to Rules 7-12 and 16(e) of the Court's Local Rules, and the Court's Standing Order Regarding Case Management in Civil Cases, the parties agree to request that the Case Management Conference scheduled for October 7, 2011, be taken off-calendar and rescheduled for April 13, 2012, at 10:30 a.m.

IT IS SO STIPULATED.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.