Opinion
MARC J. FAGEL (Cal. Bar No. 154425), MARK P. FICKES (Cal. Bar No. 178570), SUSAN L. LAMARCA (Cal. Bar No. 215231), JEREMY E. PENDREY (Cal. Bar No. 187075), Attorneys for Plaintiff, SECURITIES and EXCHANGE COMMISSION, San Francisco, California, Daniel J. Broderick, Federal Defender, Attorney for Defendant, Robert C. Brown, Jr.(in the criminal action).
STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE
EDWARD M. CHEN, Magistrate Judge.
WHEREAS on February 26, 2009, defendant Robert C. Brown and relief defendant Duane Eddings were indicted by a Grand Jury in the United States District Court for the Eastern District of California for four counts of mail fraud [18 U.S.C. § 1341], eight counts of wire fraud [18 U.S.C. § 1343] and 10 counts of engaging in monetary transactions over $10,000 in property derived from specified unlawful activity [18 U.S.C. § 1957]. The indictment alleges essentially the same misconduct alleged in plaintiff Securities and Exchange Commission's ("Commission") complaint in this action.
WHEREAS on September 23, 2009, the Commission filed a Case Management Statement, which, among other things, informed the Court that Brown and Eddings had been indicted, and suggested that the Court continue the Case Management Conference for an additional six months.
WHEREAS on September 29, 2009, the Court continued the Case Management Conference until April 7, 2010;
WHEREAS criminal defense counsel for Mr. Brown is in the process of negotiating a plea agreement with the United States Attorney's Office for the Eastern District of California, and expects Mr. Brown to enter a change of plea in the criminal case on April 6, 2010, with sentencing to occur 12 to 15 weeks later.
THEREFORE, the Commission and Defendants stipulate and agree, and ask the Court to adopt as its order the following:
The case management conference currently set for April 7, 2010 at 1:30 p.m. be continued until October 13, 2010 at 1:30 p.m.
The parties' joint case management conference statements shall be filed on or before October 6, 2010.
[PROPOSED] ORDER
Based on the stipulation of the parties, and good cause appearing, it is hereby ordered that the case management conference is continued until October 13, 2010 at 2:30 p.m. The parties' joint case management conference statement shall be filed on or before October 6, 2010.
IT IS SO ORDERED.