Opinion
Case No. CV 09-000665 LKK-DAD
10-20-2011
SECURITIES AND EXCHANGE COMMISSION, Plaintiff v. ANTHONY VASSALLO, et al., Defendants.
FUTTERMAN DUPREE DODD CROLEY MAIER LLP Jaime G. Touchstone Attorneys for Receiver Stephen E. Anderson SNELL & WILMER Matthew L. Lalli Attorneys for Respondents Wright Thurston and Elevate Communications
FUTTERMAN DUPREE DODD CROLEY MAIER LLP
JAMIE L. DUPREE (158105)
JAIME G. TOUCHSTONE (233187)
Attorneys for Receiver
Stephen E. Anderson
STIPULATION FOR ORDER AND ORDER CONTINUING RECEIVER'S
MOTION TO ORDER DISGORGEMENT OF $100,000
TRANSFERRED TO ELEVATE COMMUNICATIONS, LLC AND
WRIGHT THURSTON CURRENTLY SET FOR NOVEMBER 7, 2011
Hon. Lawrence K. Karlton
The parties, by and through their respective counsel, stipulate pursuant to Civil L.R. 143 and 230(F) for an Order continuing Receiver Stephen E. Anderson's motion for an order directing Elevate Communications, LLC and Wright Thurston (collectively, "Respondents"), to disgorge the $100,000 transferred to them by Defendant Equity Investment Management and Trading, Inc. ("EIMT"), currently set for November 7, 2011 at 10:00 a.m. ("Disgorgement Motion"), and continuing the opposition and reply brief dates correspondingly.
On October 6, 2011, Receiver filed his Disgorgement Motion and set it for hearing on November 7, 2011 at 10:00 a.m. Respondents' opposition is due to be filed on October 24, 2011 and Receiver's reply brief must be filed no later than November 2, 2011.
Respondents only recently retained litigation counsel in this matter and requested that Receiver grant them a continuance to respond to his Disgorgement Motion. Additionally, the parties are interested in discussing a possible settlement or resolution of the matter which is the subject of the Disgorgement Motion. To permit those efforts to occur unimpeded and to avoid unnecessary expenditure of the parties' and the Court's time and resources in briefing, preparing for and attending the hearing currently set for November 7, 2011, the parties wish to continue the hearing on the motion to November 21, 2011, and to continue the dates for the filing of the opposition and reply papers correspondingly.
FUTTERMAN DUPREE
DODD CROLEY MAIER LLP
By: Jaime G. Touchstone
Attorneys for Receiver
Stephen E. Anderson
SNELL & WILMER
By: Matthew L. Lalli
Attorneys for Respondents
Wright Thurston and Elevate
Communications
ORDER
Based upon the foregoing stipulation, and good cause appearing, the hearing on the Receiver's motion for an order directing Elevate Communications, LLC and Wright Thurston, to disgorge the $100,000 transferred to them by Defendant Equity Investment Management and Trading, Inc., currently set for November 7, 2011 at 10:00 a.m. ("Disgorgement Motion"), is continued to November 21, 2011, at 10:00 a.m. Defendants may file an opposition brief, on or before November 7, 2011, and the Receiver may file a reply brief on or before November 16, 2011.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT