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EX PARTE MOTION TO EXTEND DATES
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DECLARATION OF KENNETH EADE
I, KENNETH EADE, hereby declare as follows: 1.
That I am an attorney at law, duly licensed to practice before this Court, and, if called upon as a witness, could competently testify as to the following facts, within my personal knowledge. 2.
Given the fact that the parties have stipulated to an extension of time for the pretrial and trial dates in this case, and have not yet conducted any ADR proceedings as required, good cause exists to extend the last day for dispositive motions, which is now set for August 11, 2014, and the last day to conduct settlement conferences, which is now set for August 30, 2014, as well as any other pretrial dates for this matter. 3.
Since April 2013, I have been engaged in active settlement discussions with the Plaintiff, including the submission of a financial statement in May 2013, and this culminated in the Plaintiff forwarding a settlement offer to my attention for execution. 4.
Twenty-four hours prior to making this motion, I advised Leslie Hughes, Nancy Ferguson and Donald Searles, counsel for the plaintiff, and counsel for defendant E. Randall Gruber, by email that I would be making this motion 24 hours after the email notice. The names, addresses, email addresses and telephone for counsel are: Leslie J. Hughes and Nancy J. Ferguson, Securities and Exchange Commission, 1801 California Street, Suite 1500, Denver, Colorado 80202; Tel: 303-844-1000; email: HughesLJ@sec.gov; FergusonN@sec.gov. Donald W. Searles, Securities and Exchange Commission, 5670 Wilshire Blvd., 11
Floor, Los Angeles, California 90036; Tel: 323-965-4573; email: SearlesD@sec.gov. Marc A. Indeglia, Indeglia & Carney, 11900 Olympic Blvd., Suite 770, Los Angeles, CA 90064; email: email@example.com.
Case 2:12-cv-05662-JGB-CW Document 94 Filed 08/08/14 Page 3 of 6 Page ID #:1337