Securities and Exchange Commission v. Miller

Northern District of California, cand-4:2015-cv-01461

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/27/2015. Case Management Conference set for 12/4/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 09/15/2015.

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1 PAUL T. FRIEDMAN (CA SBN 98381) PFriedman@mofo.com 2 CRAIG D. MARTIN (CA SBN 168195) CMartin@mofo.com 3 PHILIP T. BESIROF (CA SBN 185053) PBesirof@mofo.com 4 MORRISON & FOERSTER LLP 425 Market Street 5 San Francisco, California 94105-2482 Telephone: 415.268.7000 6 Facsimile: 415.268.7522 7 Attorneys for Defendant ANDREW M. MILLER 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 SECURITIES AND EXCHANGE Case No. 3:15-cv-01461-SC COMMISSION, 14 15 Plaintiff, STIPULATION AND [PROPOSED] ORDER v. CONTINUING CASE MANAGEMENT 16 CONFERENCE 17 ANDREW M. MILLER, 18 Defendant. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CMC Case No. 3:15-cv-01461-SC 1 Pursuant to Civil Local Rules 6-2 and 7-12, plaintiff Securities and Exchange Commission 2 (the "Commission") and defendant Andrew Miller (collectively, the "Parties") respectfully submit 3 the following Stipulation and [Proposed] Order Continuing the Initial Case Management 4 Conference currently set for September 25, 2015, at 10:00 a.m. 5 FACTUAL BACKGROUND TO THE PARTIES' STIPULATION 6 In support of this stipulation, the undersigned Parties provide the following facts, which 7 are verified in the supporting Declaration of Michael P. Kniffen: 8 1. On March 31, 2015, the Commission filed the Complaint in this action. 9 (ECF No. 1.) 10 2. On April 17, 2015, this action was reassigned to the Honorable Samuel Conti. 11 (ECF No. 5.) 12 3. On April 17, 2015, the Court set an Initial Case Management Conference for 13 June 26, 2015. (ECF No. 6.) 14 4. On May 29, 2015, the parties filed a Stipulation and [Proposed] Scheduling Order, 15 which requested an early settlement conference. (ECF No. 13.) 16 5. On June 4, 2015, the Court granted the parties' request for a settlement conference 17 and rescheduled the Initial Case Management Conference for September 25, 2015. (ECF No. 15.) 18 6. On June 26, 2015, the Court referred this case to Magistrate Judge Laurel Beeler 19 for the settlement conference. 20 7. On June 29, 2015, Magistrate Judge Beeler issued an order setting a settlement 21 conference date for October 13, 2015. (ECF No. 16.) 22 8. On July 6, 2015, pursuant to Magistrate Judge Beeler's order, the Commission 23 notified the courtroom deputy that it had a conflict on October 13, 2015. Magistrate Judge 24 Beeler's courtroom deputy informed the Commission that Judge Beeler's next available dates for 25 a settlement conference are during the week of November 2, 2015, and the parties agreed to file a 26 stipulation requesting November 4, 2015, for the settlement conference. (See ECF No. 17.) 27 9. On July 15, 2015, Magistrate Judge Beeler approved the parties' stipulation and 28 issued an order setting a settlement conference date for November 4, 2015. (ECF No. 18.) STIPULATION AND [PROPOSED] ORDER CONTINUING CMC Case No. 3:15-cv-01461-SC 1 1 10. The Parties believe that the interests of judicial economy and efficiency will be 2 well served by continuing the Initial Case Management Conference until after a settlement 3 conference is held with Magistrate Judge Beeler. 4 STIPULATION 5 In light of these facts, the undersigned parties jointly request the Court to enter the 6 following stipulation as an Order of the Court: 7 The Initial Case Management Conference currently set for September 25, 2015, at 8 10:00 a.m., is hereby vacated, and the Initial Case Management Conference shall be set on 9 December 4, 2015, or to such date and time thereafter as the Court may order. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CMC Case No. 3:15-cv-01461-SC 2 1 IT IS SO STIPULATED. 2 Dated: September 15, 2015 MORRISON & FOERSTER LLP 3 By: /s/ Craig D. Martin 4 Craig D. Martin 5 Paul T. Friedman Craig D. Martin 6 Philip T. Besirof Michael P. Kniffen 7 425 Market Street San Francisco, California 94105-2482 8 Telephone: 415.268.7000 Facsimile: 415.268.7522 9 Email: PFriedman@mofo.com Email: CMartin@mofo.com 10 Email: PBesirof@mofo.com Email: MKniffen@mofo.com 11 Attorneys for Defendant Andrew Miller 12 13 Dated: September 15, 2015 SECURITIES AND EXCHANGE COMMISSION 14 By: /s/ Susan F. LaMarca Susan F. LaMarca 15 Susan F. LaMarca 16 David S. Johnson 44 Montgomery Street, Suite 2800 17 San Francisco, CA 94104 Telephone: 415.705.2500 18 Facsimile: 415.705.2501 lamarcas@sec.gov 19 johnsonds@sec.gov 20 Attorneys for Plaintiff Securities and Exchange Commission 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CMC Case No. 3:15-cv-01461-SC 3 1 ECF ATTESTATION 2 I, Michael Kniffen, am the ECF User whose ID and Password are being used to 3 file this Stipulation. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that 4 Craig Martin and Susan LaMarca have concurred in this filing. 5 6 Dated: September 15, 2015 MORRISON & FOERSTER LLP 7 By: /s/ Michael P. Kniffen 8 Michael P. Kniffen 9 Attorneys for Defendant Andrew Miller 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CMC Case No. 3:15-cv-01461-SC 4 1 DECLARATION OF MICHAEL P. KNIFFEN 2 I, MICHAEL P. KNIFFEN, hereby declare as follows: 3 1. I am an attorney licensed to practice law in the State of California and am admitted 4 to practice before this Court. I am a member of the law firm of Morrison & Foerster LLP, and 5 counsel of record for defendant Andrew Miller. I submit this Declaration in support of the 6 parties' Stipulation and [Proposed] Order (hereafter, the "Stipulation"). If called as a witness, I 7 would testify to the facts listed below. 8 2. Pursuant to Civil Local Rule 6-2, I attest that the facts set forth in the Stipulation, 9 paragraphs 1 through 10 inclusive, are all true and accurate. 10 3. This is the parties' second request for a modification of time. The parties 11 previously filed a stipulation to request a settlement conference and vacate the Initial Case 12 Management Conference on May 29, 2015 (ECF No. 13), which was approved by the Court on 13 June 4, 2015 (ECF No. 15). Other than the case management conference currently set for 14 September 25, 2015, the proposed schedule will not impact any other deadlines or dates set by the 15 Court. 16 I declare under penalty of perjury under the laws of the United States of America that the 17 foregoing is true and correct and that this Declaration was executed in San Francisco, California, 18 on this 15th day of September, 2015. 19 MORRISON & FOERSTER LLP 20 By: /s/ Michael P. Kniffen 21 Michael P. Kniffen 22 23 [PROPOSED] ORDER 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. S DISTRICT 25 ATE C T O S U ED 26 RT UNIT 09/15/2015 Dated: __________________________ R NIA 27 THE HONORABLE SAMUEL onti CONTI NO United States amuel C 28 Judge S District Judge FO RT LI ER H A STIPULATION AND [PROPOSED] ORDER CONTINUING CMC C Case No. 3:15-cv-01461-SC N D IS T IC T O F 5 R