UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 28, 2011
SECURITIES AND EXCHANGE COMMISSION,
STIPULATION AND [PROPOSED] PLAINTIFF,
ARNOLD A. MCCLELLAN AND ANNABEL
The opinion of the court was delivered by: Judge: Hon. William H. Alsup
ORDER TO EXTEND TIME FOR STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO DEFENDANTS TO RESPOND TO COMPLAINT
McClellan (collectively, "Defendants") through their respective attorneys. The SEC and
1. The parties previously stipulated to an extension of time for Defendants to answer or otherwise respond to the complaint until February 25, 2011.
conversations, consistent with Federal Rule of Civil Procedure 26(f).
This Stipulation is made pursuant to Local Rule 6-1(b) by and between Plaintiff Securities and Exchange Commission ("SEC"), and Defendants Arnold McClellan and Annabel Defendants (collectively, the "parties") stipulate that:
2. A case management conference in this case is currently set for March 11, 2011.
3. The parties have begun the meet and confer process, including several substantive
4. In the related criminal case currently pending before this Court, U.S. v. Annabel
McClellan, 3:10-cr-00860-WHA, the United States Attorney's Office produced over 47,000 12 pages of material that is highly relevant to the SEC's claims at issue here.
meaningful discussion of this case, and to prepare their answers or responses to the complaint in 15 view of the issues raised by the complaint and recently-produced material.
currently set for April 5, 2011.
that Defendants' time to answer or otherwise response to the complaint shall be extended for a 21 period of 55 days, or until April 20, 2011.
than April 20, 2011.
management scheduling orders shall be vacated and rescheduled as follows:
5. The Defendants have requested additional time to review this material, enable a
6. The SEC has agreed to this extension.
7. A status conference in U.S. v. Annabel McClellan, 3:10-cr-00860-WHA, is Based on the foregoing, the parties, by and through their counsel of record, have agreed THEREFORE, the parties hereby stipulate as follows:
1. Defendants' answer or response to the complaint shall be served and filed no later 2. The deadlines in the Court's November 30, 2010 and December 21, 2010 case
Last day to meet and confer re: initial disclosures, early settlement, and discovery plan
4/14/2011 Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report, and file Case Management Statement 4/21/2011 Initial Case Management Conference, Courtroom 9, 19th Floor at 3:00 p.m.
Dated: February 18, 2011 KEKER & VAN NEST LLP
By: Christopher Kearney
ELLIOT R. PETERS
CHRISTOPHER C. KEARNEY Attorneys for Defendant
ARNOLD A. MCCLELLAN
Dated: February 18, 2011 CLARENCE DYER & COHEN LLP
By: Nanci Clarence NANCI CLARENCE NICOLE HOWELL NEUBERT Attorneys for Defendant ANNABEL MCCLELLAN
Dated: February18, 2011
SECURITIES AND EXCHANGE COMMISSION
The Court feels it is time to get this case moving.
Counsel shall be prepared at the case management conference to discuss ways in By: Robert Tashjian which discovery and perhaps motion practice can ROBERT TASHJIAN proceed, even if defendants intend to exercise LLOYD FARNHAM Attorneys for Plaintiff their rights under the Fifth Amendment. PURSUANT TO STIPULATION, IT IS SO ORDERED.
February 28, 2011.
HONORABLE WILLIAM H. ALSUP
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO
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