12345678910111213141516171819202122232425262728Kenneth Eade (“Eade”), Edward Randall Gruber (“Gruber”), and Gruber & Co. LLC (“Gruber & Co.”) submit this joint stipulation to postpone the trial, which is currently set to begin October 21, 2014, for eleven weeks or the next available date for trial after January 9, 2015, and reset the pre-trial conference and the related disclosures from September 29, 2014, to December 15, 2014, or such other date as the court determines is appropriate based on the new trial date. As grounds for this request, Mr. Eade submitted a settlement offer to the counsel for the plaintiff Securities and Exchange Commission, which if accepted would resolve the litigation against Mr. Eade. Counsel for the SEC must submit the settlement offer along with its recommendation to the Commission, consisting of five presidentially-appointed Commissioners, who must consider the offer and either accept or reject it. This process takes approximately ten weeks. In addition, counsel for the SEC is involved in settlement discussions with Gruber and Gruber & Co., but has not yet received a signed settlement offer from them. Postponing the trial will allow the Commission to consider Eade’s offer, and provide some additional time to receive a settlement offer from Gruber and Gruber & Co. Counsel for the SEC has consulted with Eade and counsel for Gruber and Gruber & Co., and they join in this stipulation to postpone the trial date and pretrial conference, and authorized adding their signatures to this pleading. In setting a new trial date, counsel for Gruber and Gruber & Co. is not available on the following dates in 2015: January 1-8, 15; February 2-6, 16-20, 25; March 23-31; and April 1-3. DATED: August 7, 2014. Respectfully submitted, /s/ Leslie J. Hughes Leslie J. Hughes, Esq.
Case 2:12-cv-05662-JGB-CW Document 92 Filed 08/07/14 Page 2 of 4 Page ID #:1326