Case 1:12-cv-07261-TPG Document 27

Filed 09/19/13 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. 8000, INC., JONATHAN E. BRYANT, THOMAS J. KELLY, and CARL N. DUNCAN, Defendants. CIVIL ACTION NO. 12-cv-7261

JOINT REQUEST FOR STIPULATED SCHEDULING ORDER 1. Counsel for Defendant Thomas Kelly and counsel for the Securities and

Exchange Commission (“SEC”) respectfully submit a Stipulated Scheduling Order in connection with the SEC’s Motion Requesting Remedies Against Thomas Kelly (“Motion for Remedies”). 2. The parties submit this Stipulated Scheduling Order to provide an opportunity for

Mr. Kelly to develop, incorporate, and respond to relevant factual issues—while providing ample opportunity for the SEC to reply. 3. The Stipulated Judgment provides for the opportunity to develop a factual record

in connection with the Motion for Remedies and subsequent hearing, and further provides that “the Court may determine the issues raised in the motion on the basis of affidavits, declarations, excerpts of sworn deposition or investigative testimony, and documentary evidence. …” Consent of Defendant Thomas Kelly at ¶ 4, attached hereto as Exhibit “A”. 4. Because Mr. Kelly’s counsel views his client’s predicament as somewhat unique,

counsel believes an evidentiary hearing during which Mr. Kelly testified would assist the Court in its remedies determination. In particular, defense counsel believes that Mr. Kelly’s testimony 1
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regarding the extent of his role (or lack thereof) would greatly assist the Court in its remedies determination. 5. In order to promote the efficient presentation of facts and law to this Honorable

Court as contemplated by the Parties, the Parties jointly propose the following schedule: d. Mr. Kelly’s Response to the Securities and Exchange Commission’s

Motion Requesting Remedies Against Thomas Kelly to be filed on or before October 30, 2013. e. The Securities and Exchange Commission’s Reply in Support of its

Motion Requesting Remedies Against Thomas Kelly to be filed on or before November 15, 2013. f. An evidentiary hearing, if the Court deems necessary, thereafter.

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WHEREFORE, counsel for the SEC and for Mr. Kelly jointly request that this Honorable Court enter a Scheduling Order in the form accompanying this request.

By:

/s/Daniel R. Walworth _ Daniel R. Walworth 30 S. 17th Street Philadelphia, Pennsylvania 19103-4196 Tel.: (215) 979-1194 Fax.: (215) 405-2917 dwalworth@duanemorris.com Attorneys for Defendant Thomas J. Kelly Dated: September 19, 2013

By: /s/Deena R. Bernstein Deena R. Bernstein Senior Trial Counsel Securities & Exchange Commission 33 Arch Street, 23rd Floor Boston, Massachusetts 02110 Tel.: (617) 573-8813 Fax.: (617) 573-4590

Dated: September 19, 2013

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CERTIFICATE OF SERVICE On the 19th day of September 2013, I caused a copy of the foregoing Joint Request for Stipulated Scheduling Order to be served on all parties of record in this action by the Court’s electronic filing system. /s/Daniel R. Walworth Daniel R. Walworth

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