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, ISMAIL RAMSEY, Ramsey & Ehrlich LLP, WILLIAM H. GREEN, PATRICK W. BLEGEN, MATTHEW F. LEITMAN, Miller Canfield Paddock and, Stone, PLC, Attorneys for Defendant MAHER KARA, MICHAEL, F. KARA, EMILE Y. JILWAN. BASSAM Y. SALMAN, KARIM I. BAYYOUK.
JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE AND DISCOVERY DEADLINES [PROPOSED] ORDER
MARILYN H. PATEL, District Judge.
Based on a stipulation of the parties, on February 16, 2010 the Court set a further status conference in this case for April 26, 2010. The status conference was continued to follow a trial and motions setting conference in the related criminal action pending before the Court involving three of the same defendants. The parties to the criminal action have agreed to continue that hearing date until June 21, 2010. Accordingly, in order to permit the criminal action to proceed and permit the parties to continue to discuss resolution of the civil action, the parties now ask that the Court continue certain discovery deadlines by approximately 60 days and reschedule the further status conference in this case to June 28, 2010.
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 a stipulation filed on April 15, 2020, the parties to the criminal action have requested that the Court set a criminal Trial and Motions Setting Conference on June 21, 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 April 26, 2010 June 28, 2010 Disclosure of witnesses, case July 12, 2010 September 13, 2010 in chief Discovery cut-off August 9, 2010 October 11, 2010 Plaintiff's expert designation September 6, 2010 November 8, 2010 and reports Defendants' expert September 22, 2010 November 24, 2010 designation and reports
Plaintiff's rebuttal expert October 8, 2010 December 10, 2010 designation and reports Defendants' rebuttal expert October 15, 2010 December 17, 2010 designation and reports Dispositive motions to be November 29, 2010 January 31, 2011 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 April 26, 2010 is vacated and rescheduled for June 28, 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 June 28, 2010.
The following discovery deadlines previously set by the Court are continued to the following dates:
Further Status Conference June 28, 2010 Disclosure of witnesses, case in chief September 13, 2010 Discovery cut-off October 11, 2010 Plaintiff's expert designation and reports November 8, 2010 Defendants' expert designation and reports November 24, 2010 Plaintiff's rebuttal expert designation and reports December 10, 2010 Defendants' rebuttal expert designation and reports December 17, 2010 Dispositive motions to be heard January 31, 2011
IT IS SO ORDERED.