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May 15 2019 SEC V Honig Discovery Hearing
May 15 2019 SEC V Honig Discovery Hearing
J5FTSECC
4 Plaintiff,
v. 18 CV 8175 (ER)
5
BARRY C. HONIG, et al.,
6
Defendants.
7 ------------------------------x
May 15, 2019
8 10:30 a.m.
9 Before:
HON. EDGARDO RAMOS,
10
District Judge
11
APPEARANCES
12
SECURITIES AND EXCHANGE COMMISSION
13 Attorneys for Plaintiff
BY: NANCY BROWN
14 KATHERINE BROMBERG
JON DANIELS
15
SIMPSON THACHER & BARTLETT
16 Attorneys for Defendant Honig
BY: ANAR PATEL
17
MILBANK
18 Attorneys for Defendant Stetson
BY: ADAM FEE
19
RICHARD & RICHARD
20 Attorneys for Defendant Brauser
BY: DENNIS RICHARD
21
ORRICK, HERRINGTON & SUTCLIFFE
22 Attorneys for Defendant O'Rourke
BY: GREGORY MORVILLO
23 NICOLE LLORET
24 COOLEY
Attorneys for Defendant Ladd
25 BY: RANDALL LEE
MICHAEL BERKOVITZ
1 (Case called)
5 filed, but why don't you give me, in a nutshell, what this case
6 is about.
13 MabVax Therapeutics.
21 way the rosy prospects of these issuers, and then cashed out
22 when the price and the volume of the securities rose. And we
4 schedule, and I'm happy to proceed there or give you more color
6 settlements if that --
9 right?
19 Mr. Groussman and his company, Dr. Frost and his two companies,
7 area that those kinds of discovery should await the end of the
9 position.
17 happen very, very soon, and we don't see any reason for delay.
18 And frankly, defendants have offered none except that they want
24 resolved?
25 hear from the SEC. I think all the defendants are glad to hear
20 identify what are truly the disputed issues, what are not, what
22 more streamlined.
4 would like to clarify for the Court that the defendants in this
8 then there were the defendants who were charged who are
17 one of the vehicles for this pump and dump scheme. So I think
22 other defendants.
18 production can begin immediately, I take it, Mr. Lee, that you
21 period.
1 concern.
3 topic of depositions?
7 tight schedule as well, but we could put them at the end of the
9 might put them out to the end -- or the beginning of the next
24 period, but wherever the end is, that's where they should be.
14 indicted, you can bet we'll be back asking for a full stay.
18 suggesting that that is what they would want to do, I'm not
23 take the Fifth or give it, and then they give the deposition to
25 possibilities if we can.
3 point?
11 the end, is to get all the benefits of discovery and have none
13 the 26(f) report that was filed with the Court there's a
17 turn over documents and yet the defendants would rely on their
25 district.
11 Mr. Brauser.
19 production requests.
22 like to exchange so that there isn't any: You got it, you
24 after just so we can get this under way, and by then we'll know
1 production privilege.
12 instruct the jury about. I don't think there is case law that
13 would necessarily support the position that the SEC does not
15 know that she's saying, but I just want to clarify that there
25 THE COURT: Well, could I ask you, Ms. Brown, are you
2 be?
5 produce, slightly over that, but I will say that's not entirely
12 you a picture.
14 1.2 million.
20 available.
4 the producing party is MGT, then you can sort the production by
12 documents?
19 that a "no" on the index? I think you asked whether there was
22 question.
25 can print out the screen shot of who the producing parties are,
14 September, maybe?
16 Honor.
22 local rule. I know Mr. Lee has pointed out to me that I have
25 that I presided over. The rule seems to work just fine. And
4 position on the line that they would have to change later on.
13 April 30.
17 the local rule, does the Court's ruling apply to requests for
18 admission as well?
22 one way or the other, that does not matter to me. You are free
23 to do that on consent.
5 on the 30th day very close to 30th day. I know Ms. Brown said
7 perspective.
11 you need to come back to me, just come back to me. Okay?
3 motions due on June 19, and the order actually says shall be
4 filed on June 19, and then another part said by. And the
12 adjourned.
13 (Adjourned)
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