UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
April 12, 2010
SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
VINAYAK S. GOWRISH, DEFENDANT.
The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge
STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE OF VINAYAK S. GOWRISH'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY THE FEDERAL BUREAU OF INVESTIGATION AND THE U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CALIFORNIA Date: May 7, 2010 Time: 9:00 a.m. Courtroom: 10, 19th Floor Judge: Hon. Susan Illston
WHEREAS, on December 16, 2009, the Securities and Exchange Commission ("SEC") filed this action against Defendant Vinayak S. Gowrish ("Mr. Gowrish");
WHEREAS, on February 22, 2010, pursuant to the Touhy (United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951); 28 C.F.R. § 16.21, et seq.) procedures, counsel for Mr. Gowrish sent a letter to Assistant U.S. Attorney Thomas E. Stevens stating the intent to serve subpoenas for the production of documents on third parties the Federal Bureau of Investigation ("FBI") and the U.S. Attorney's Office for the Northern District of California ("USAO");
WHEREAS, on March 4, 2010, Mr. Gowrish served separate subpoenas for the production of documents on the FBI and the USAO;
WHEREAS, on March 25, 2010, Mr. Stevens sent counsel for Mr. Gowrish a letter on behalf of the FBI and the USAO objecting to the two subpoenas and respectfully declining to produce any responsive documents;
WHEREAS, on March 26, 2010, at the first Case Management Conference, counsel for Mr. Gowrish selected a hearing date of May 7, 2010, for Mr. Gowrish's motion to compel production of documents by the FBI and USAO ("motion to compel");
WHEREAS, on March 26, 2010, at the first Case Management Conference, the Court advised that Mr. Gowrish's motion to compel could be subject to a compressed briefing schedule pursuant to stipulation;
NOW THEREFORE, FOR GOOD CAUSE SHOWN, MR. GOWRISH, THE FBI, AND THE USAO HEREBY STIPULATE and AGREE and respectfully request that the Court modify the filing deadlines associated with Mr. Gowrish's motion to compel as follows:
Motion: April 9, 2010
Opposition: April 20, 2010
Reply: April 23, 2010
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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