Securities and Exchange Commission v. Miller

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

STIPULATION AND SCHEDULING ORDER. Case Management Conference set for 6/26/2015 is vacated. Case Management Statement due by 9/18/2015. Case Management Conference set for 9/25/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 6/4/15.

Interested in this case?

Current View

Full Text

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] v. SCHEDULING ORDER 16 17 ANDREW M. MILLER, 18 Defendant. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] SCHEDULING ORDER Case No. 3:15-cv-01461-SC 1 Pursuant to Civil Local Rules 6-1, 6-2, and 7-12, plaintiff Securities and Exchange 2 Commission (the "Commission") and defendant Andrew Miller (collectively, the "Parties") 3 respectfully request that the Court adopt the Parties' stipulation below as the order of the Court, 4 which (i) sets forth a schedule for the Parties to request a settlement conference before a 5 magistrate judge; (ii) extends the time for Mr. Miller to respond to the Commission's complaint 6 (ECF No. 1) (the "Complaint"), and (iii) continues the Initial Case Management Conference 7 currently set for June 26, 2015. 8 FACTUAL BACKGROUND TO THE PARTIES' STIPULATION 9 In support of this stipulation, the undersigned Parties provide the following facts, which 10 are verified in the supporting Declaration of Philip T. Besirof: 11 1. On March 31, 2015, the Commission filed the Complaint in this action. 12 2. On April 2, 2015, the Commission sent a waiver of service form to counsel for 13 Mr. Miller. (ECF No. 7.) 14 3. On April 17, 2015, this action was reassigned to the Honorable Samuel Conti. 15 (ECF No. 5.) 16 4. On April 17, 2015, the Court set an Initial Case Management Conference for 17 June 26, 2015. (ECF No. 6.) 18 5. On May 4, 2015, Mr. Miller's counsel executed the waiver of service form. 19 (ECF No. 7.) 20 6. Under Rule 4(d) of the Federal Rules of Civil Procedure, Mr. Miller has 60 days 21 from the date the request was sent to respond to the Complaint, which is June 1, 2015. 22 7. The Parties have met and conferred and believe that an early settlement conference 23 before a magistrate judge would provide substantial assistance to the Parties' understanding of the 24 case and could substantially narrow the issues in dispute, which could lead to resolution. 25 8. The Parties believe that the interests of judicial economy and efficiency will be 26 well served by extending Mr. Miller's response deadline to the Complaint and continuing the 27 Initial Case Management Conference until after a settlement conference is held with a magistrate 28 judge. STIPULATION AND [PROPOSED] SCHEDULING ORDER Case No. 3:15-cv-01461-SC 1 1 STIPULATION 2 In light of these facts, the undersigned parties jointly request the Court to enter the 3 following stipulation as an Order of the Court: 4 A. Pursuant to ADR Local Rules 2-3, 3-5(d), and 7-3 (and in lieu of a Notice of Need 5 for ADR Phone Conference under ADR Local Rule 3-5(c)), the Parties request an early 6 settlement conference before a magistrate judge to occur within the next 90 days, or as soon 7 thereafter as the Court's schedule may permit. The Parties will file a joint request expressing the 8 Parties' preferences for one or more magistrate judges within the next seven (7) days. 9 B. The deadline for Mr. Miller to respond to the Complaint is extended until 20 days 10 after the settlement conference. 11 C. The Initial Case Management Conference currently set for June 26, 2015, at 12 10:00 a.m., is hereby vacated, and the Initial Case Management Conference shall be set to such 13 date and time as the Court may order. 14 D. In the event that the case has not settled within 90 days of the Court's order 15 approving this stipulation, the Parties shall file a case management statement updating the Court 16 on the status of this matter and/or requesting an Initial Case Management Conference. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] SCHEDULING ORDER Case No. 3:15-cv-01461-SC 2 1 IT IS SO STIPULATED. 2 Dated: May 29, 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 425 Market Street 7 San Francisco, California 94105-2482 Telephone: 415.268.7000 8 Facsimile: 415.268.7522 Email: PFriedman@mofo.com 9 Email: CMartin@mofo.com Email: PBesirof@mofo.com 10 Attorneys for Defendant Andrew Miller 11 12 Dated: May 29, 2015 SECURITIES AND EXCHANGE COMMISSION 13 By: /s/ Susan F. La Marca 14 Susan F. La Marca 15 Susan F. La Marca David S. Johnson 16 David A. Berman 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 bermand@sec.gov 20 Attorneys for Plaintiff Securities and 21 Exchange Commission 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] SCHEDULING ORDER Case No. 3:15-cv-01461-SC 3 1 ECF ATTESTATION 2 I, Philip Besirof, am the ECF User whose ID and Password are being used to file 3 this motion. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Paul Friedman has 4 concurred in this filing. 5 6 Dated: May 29, 2015 MORRISON & FOERSTER LLP 7 By: /s/ Philip T. Besirof 8 Philip T. Besirof 9 Paul T. Friedman Craig D. Martin 10 Philip T. Besirof 425 Market Street 11 San Francisco, California 94105-2482 Telephone: 415.268.7000 12 Facsimile: 415.268.7522 Email: PFriedman@mofo.com 13 Email: CMartin@mofo.com Email: PBesirof@mofo.com 14 Attorneys for Defendant Andrew Miller 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] SCHEDULING ORDER Case No. 3:15-cv-01461-SC 4 1 DECLARATION OF PHILIP T. BESIROF 2 I, PHILIP T. BESIROF, 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] Scheduling Order (hereafter, the "Stipulation"). If called as a 7 witness, I 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 8 inclusive, are all true and accurate. 10 3. This is the parties' first request for a modification of time. Other than the case 11 management conference currently set for June 26, 2015, the proposed schedule will not impact 12 any other deadlines or dates set by the Court. 13 I declare under penalty of perjury under the laws of the United States of America that the 14 foregoing is true and correct and that this Declaration was executed in San Francisco, California, 15 on this 29th day of May, 2015. 16 MORRISON & FOERSTER LLP 17 By: /s/ Philip T. Besirof 18 Philip T. Besirof 19 20 21 [PROPOSED] ORDER 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 Case Management Conference is set for September 25, 2015 at 10:00 am. A joint case management statement shall be filed by 24 September 18, 2015. 25 June 4, 2015 Dated: __________________________ THE HONORABLE SAMUEL CONTI 26 United States District Judge 27 28 STIPULATION AND [PROPOSED] SCHEDULING ORDER Case No. 3:15-cv-01461-SC 5