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    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 1 of 4

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    The parties in the case SEC v. Gendarme Capital Corp, et al. have reached settlement agreements with three of the four defendants. The Securities and Exchange Commission (SEC) staff needs additional time to have the settlement agreements approved by the full Commission. The parties are requesting the court extend the deadline to submit final judgments or a status report to May 13, 2014 to allow 60 more days for the SEC to consider and vote on the proposed settlements. If approved, the settlements would conclude the litigation. The court will consider granting the extension.

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    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 1 of 4

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    YTOLeader
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    The parties in the case SEC v. Gendarme Capital Corp, et al. have reached settlement agreements with three of the four defendants. The Securities and Exchange Commission (SEC) staff needs additional time to have the settlement agreements approved by the full Commission. The parties are requesting the court extend the deadline to submit final judgments or a status report to May 13, 2014 to allow 60 more days for the SEC to consider and vote on the proposed settlements. If approved, the settlements would conclude the litigation. The court will consider granting the extension.

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    Report

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    March 12 2014 Report

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    The parties in the case SEC v. Gendarme Capital Corp, et al. have reached settlement agreements with three of the four defendants. The Securities and Exchange Commission (SEC) staff needs additional time to have the settlement agreements approved by the full Commission. The parties are requesting the court extend the deadline to submit final judgments or a status report to May 13, 2014 to allow 60 more days for the SEC to consider and vote on the proposed settlements. If approved, the settlements would conclude the litigation. The court will consider granting the extension.

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    109 views4 pages

    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 1 of 4

    Uploaded by

    YTOLeader
    The parties in the case SEC v. Gendarme Capital Corp, et al. have reached settlement agreements with three of the four defendants. The Securities and Exchange Commission (SEC) staff needs additional time to have the settlement agreements approved by the full Commission. The parties are requesting the court extend the deadline to submit final judgments or a status report to May 13, 2014 to allow 60 more days for the SEC to consider and vote on the proposed settlements. If approved, the settlements would conclude the litigation. The court will consider granting the extension.

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    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 1 of 4 1 JINA L. CHOI (Admitted to the N.Y. Bar) MICHAEL S. DICKE (Cal.

    Bar No. 158187) 2 SUSAN F. LAMARCA (Cal. Bar No. 213251) JEREMY E. PENDREY (Cal. Bar No. 187075) pendreyj@sec.gov 3 4 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 5 44 Montgomery Street, Suite 2800 San Francisco, California 94104 6 Telephone: (415) 705-2500 Facsimile: (415) 705-2501 7 8 9 10 11 12 13 SECURITIES AND EXCHANGE COMMISSION, 14 Plaintiff, 15 v. 16 GENDARME CAPITAL CORPORATION, IAN 17 LAMPHERE, EZAT RAHIMI, and CASSANDRA ARMENTO, 18 Defendants. 19 20 21 22 23 24 25 26 27 28
    FURTHER JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

    UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

    Case No. 2:11-CV-00053-KJM-KJN

    FURTHER JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT

    WHEREAS, on October 8, 2013, in accordance with the parties stipulation, the Court vacated all previously set deadlines and ordered the parties to submit stipulated final judgments or a joint status report informing the Court of the status of the settlement and proposed scheduling no later than December 20, 2013; WHEREAS, on December 23, 2013, the Court extended the deadline for the parties to submit stipulated final judgments or a joint status report informing the Court of the status of the settlement and proposed scheduling no later than March 14, 2014;
    SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Attorney for Plaintiff 27 28


    FURTHER JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

    WHEREAS, the Commission staff has received signed settlement offers from three of the defendants, with the only other defendant, Ian Lamphere having died during the pendency of this action; WHEREAS, the proposed settlements, if approved by the Commission and by this Court, would fully conclude this litigation; WHEREAS, the parties may present the three proposed settlements to the Court only after they are approved by the Commission, which can only act through a vote of its five appointed Commissioners; WHEREAS, the Commission has not yet voted upon the proposed settlements, and the Commission staff anticipates an additional 60 days should be adequate for the Commission to consider and vote upon the offers; WHEREAS, the parties believe it is in their best interests, and in the interest of efficiency and judicial economy, to permit sufficient time for the Commission to consider the proposed settlement offers without engaging in trial preparation; and potentially unnecessarily utilizing judicial resources; THEREFORE, the parties hereby stipulate and agree, and respectfully request that the Court approve and give effect to their stipulation: IT IS HEREBY STIPULATED AND AGREED THAT: (1) By no later than May 13, 2014, the parties shall submit to the Court stipulated final judgments as to all parties in this matter, or a joint status report informing the Court of the status of the settlements and proposing further pre-trial dates for this matter. Dated: March 12, 2014 Respectfully submitted,

    /s/ Jeremy E. Pendrey Jeremy E. Pendrey

    SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 3 of 4 SECURITIES AND EXCHANGE COMMISSION Dated: March 12, 2014 Respectfully submitted,

    /s/ Sam P. Israel Sam P. Israel (admitted pro hac vice) Sam P. Israel, P.C. 1 Liberty Plaza, 23rd Floor New York, NY 10006 Tel.: (212) 201-5345 Attorney for Defendants GENDARME CAPITAL CORPORATION, IAN LAMPHERE, EZAT RAHIMI and CASSANDRA ARMENTO

    FURTHER JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

    SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

    Case 2:11-cv-00053-KJM-KJN Document 45 Filed 03/12/14 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28


    FURTHER JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

    ORDER This matter came before the Court on the joint motion of plaintiff Securities and Exchange Commission and defendants Gendarme Capital Corporation, Ezat Rahimi, Ian Lamphere and Cassandra Armento to Reset Dates Pending Settlement. Upon due consideration of said motion, and based on the stipulation of the parties, IT IS HEREBY ORDERED THAT: (1) By no later than May 13, 2014, the parties shall submit to the Court stipulated final judgments as to all parties in this matter, or a joint status report informing the Court of the status of the settlements and proposing further pre-trial dates for this matter.

    DATED: _________________

    ________________________________ Honorable Kimberly J. Mueller United States District Judge

    SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

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