Opinion
MARC J. FAGEL (Cal. Bar No. 154425), ROBERT TASHJIAN (Cal. Bar No. 191007), tashjianr@sec.gov, MARK P. FICKES (Cal. Bar No. 178570), fickesm@sec.gov, LLOYD FARNHAM (Cal. Bar No. 202231), farnhaml@sec.gov.
Attorneys for Plaintiff, SECURITIES AND EXCHANGE COMMISSION, San Francisco, California.
GEORGE C. HARRIS, Morrison & Foerster LLP, Attorneys for Defendant, MAHER KARA.
ISMAIL RAMSEY, Ramsey & Ehrlich LLP, Attorneys for Defendant, MICHAEL F. KARA.
WILLIAM H. GREEN, Attorneys for Defendant, EMILE Y. JILWAN.
PATRICK W. BLEGEN, Breen Pugh & Associates, Attorneys for Defendant, BASSAM Y. SALMAN.
MATTHEW F. LEITMAN, Miller Canfield Paddock and Stone, PLC, Attorneys for Defendant, KARIM I. BAYYOUK.
JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE AND DISCOVERY DEADLINES [PROPOSED] ORDER
MARILYN H. PATEL, District Judge.
At a status conference on November 16, 2009, the Court set certain discovery deadlines and scheduled a further status conference for February 22, 2010. The parties submit this Joint Status Report and jointly request that the status conference and the discovery deadlines be continued for approximately 60 days.
A. STATUS OF THE CASE
Three of the defendants in this civil action are also defendants in a related criminal case, U.S. v. Maher Fayez Kara, et al., No. CR 09-0417 MHP. Maher Kara, Michael Kara, and Emile Jilwan are accused of securities fraud based on the same factual allegations as those made in the Commission's civil complaint. By an order dated January 29, 2010, the Court set a criminal Trial and Motions Setting Conference on April 19, 2010. The defendants in the criminal action told the Court they need additional time to review evidence and pursue a resolution of the case. The Court has not yet set a trial date for either the criminal case or this related civil action.
Discovery is underway in the civil case, and the Commission has produced documents obtained during its investigation, pursuant to initial disclosure obligations and defendants' document requests, and defendants have responded to the document requests served by the Commission. The parties have conducted two third-party depositions, and have agreed to reschedule others in order to attempt to resolve the claims in the civil case.
B. STIPULATION TO CONTINUE STATUS CONFERENCE AND DISCOVERY
The parties to the civil case agree that the status conference and other discovery should be continued for approximately 60 days, and that discovery should be stayed until a further status conference is held. This short delay in the discovery in this action will permit the parties to the criminal case to work toward a resolution of that case, and permit the Commission and the parties to discuss resolution of the civil claims.
The parties stipulate to continuing the following dates, by 63 days:
Event or deadline Current Date Proposed Continued Date Further Status Conference February 22, 2010 April 26, 2010 Disclosure of witnesses, case May 10, 2010 July 12, 2010 in chief Discovery cut-off June 7, 2010 August 9, 2010 Plaintiff's expert designation July 5, 2010 September 6, 2010 and reports Defendants' expert July 21, 2010 September 22, 2010 designation and reports Plaintiff's rebuttal expert August 6, 2010 October 8, 2010 designation and reports Defendants' rebuttal expert August 13, 2010 October 15, 2010 designation and reports Dispositive motions to be September 27, 2010 November 29, 2010 heard
GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, each of the signatories to this documents have concurred in its filing, and I shall maintain records to support these concurrences.
[PROPOSED] ORDER
The Court has considered the materials and papers submitted by counsel in this matter and for good cause shown, IT IS HEREBY ORDERED as follows:
The Status Conference previously set for February 22, 2010 is vacated and rescheduled for April 26, 2010, at 3:00 p.m., with a joint status report to be filed one week prior to the conference.
Discovery in this case shall be stayed until the Status Conference on April 26, 2010.
The following discovery deadlines previously set by the Court are continued to the following dates:
Further Status Conference April 26, 2010 Disclosure of witnesses, case in chief July 12, 2010 Discovery cut-off August 9, 2010 Plaintiff's expert designation and reports September 6, 2010 Defendants' expert designation and reports September 22, 2010 Plaintiff's rebuttal expert designation and reports October 8, 2010 Defendants' rebuttal expert designation and reports October 15, 2010 Dispositive motions to be heard November 29, 2010
IT IS SO ORDERED.