STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

JEFFREY S. WHITE, District Judge.

In advance of the Case Management Conference scheduled before the Court on May 25, 2012, the above parties submitted a Joint Case Management Statement on May 18, 2012, along with a request to continue the Case Management Conference to a later date. The parties now submit this separate Stipulation to Continue Case Management Conference and Proposed Order, requesting the Court continue the Case Management Conference to June 22, 2012, at 1:30 p.m.

As set forth in the Joint Case Management Statement, there are significant issues regarding the discovery in this case that may be affected by proceedings in a related criminal case pending before this Court. The parties in the criminal case are scheduled to appear for a Status Conference before this Court on June 7, 2012.

The parties believe that it is premature to set a schedule for discovery, pretrial, and trial at this time. The defendants named in the related criminal case, pending before this Court, and the parties to the administrative proceedings before the Federal Deposit Insurance Corporation ("FDIC"), are conferring regarding defendants' access to the large volume of bank documents obtained by the FDIC. In a submission to this Court in the criminal case, dated April 26, 2012, the United States Attorney's Office and the Department of Justice outlined a proposal regarding a DOJ-administered database of documents that would be available to the defendants in this action and the related criminal and administrative cases. The DOJ proposal is currently being evaluated, and the Court rescheduled the criminal Status Conference to June 7, 2012. The parties to this case believe that it would not be productive to discuss a discovery and trial schedule in the Commission's civil case until the criminal case discovery issues are resolved.

For the reasons discussed above, the parties jointly request and stipulate that the Case Management Conference in this case be continued to June 22, 2012, or a date convenient for the Court.

GENERAL ORDER 45 ATTESTATION

In accordance with General Order 45, each of the signatories to this document have concurred in its filing, and I shall maintain records to support these concurrences.

[PROPOSED] ORDER

The court HEREBY ORDERS, pursuant to the above stipulation, that the Case Management Conference currently set for May 25, 2012, is continued to June 22, July 6, 2012, at 1:30 pm.