Case Details

CourtDistrict of Arizona
Docket number2:09-cv-01510
Date case filed2009-07-22
Date case closed2011-11-16
Date of latest filing
Assigned toJudge Robert J Bryan
Case cause15:78m(a) Securities Exchange Act
Nature of suit850 Other Statutes: Securities/Commodities
Jury demandNone
Demand
JurisdictionU.S. Government Plaintiff

Case Parties

Party: United States Securities and Exchange Commission
Party type: Plaintiff
Attorney name: Catherine ORiordan
Attorney Contact:
Securities & Exchange Commission
5670 Wilshire Blvd
11th Floor
Los Angeles, CA 90036
323-965-3316
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Donald Werner Searles
Attorney Contact:
Securities & Exchange Commission
5670 Wilshire Blvd
11th Floor
Los Angeles, CA 90036
323-965-5473
Fax: 323-965-3908
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Lorraine B Echavarria
Attorney Contact:
Securities & Exchange Commission
5670 Wilshire Blvd
11th Floor
Los Angeles, CA 90036-3648
323-965-3998
Fax: 323-965-3908
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Robert Conrrad
Attorney Contact:
US Securities & Exchange Commission
5670 Wilshire Blvd
11th Floor
Los Angeles, CA 90036
323-965-3998
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Maynard L Jenkins
Party type: Defendant
Attorney name: Gregory J Weingart ,
Attorney Contact:
Munger Tolles & Olson LLP
355 S Grand Ave
35th Floor
Los Angeles, CA 90071
213-683-9571
Fax: 213-593-2971
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jenny Jiang
Attorney Contact:
Munger Tolles & Olson LLP
355 S Grand Ave., 35th Fl.
Los Angeles, CA 90071
213-683-9100
Fax: 213-687-3702
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John W Spiegel ,
Attorney Contact:
Munger Tolles & Olson LLP
355 S Grand Ave
35th Floor
Los Angeles, CA 90071
213-683-9100
Fax: 213-687-3702
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Matthew A Macdonald ,
Attorney Contact:
Munger Tolles & Olson LLP
355 South Grand Avenue
Suite 3500
Los Angeles, CA 90071-1560
213-683-9100
Fax: 213-687-3702
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Melinda E LeMoine ,
Attorney Contact:
Munger Tolles & Olson LLP
355 S Grand Ave
35th Floor
Los Angeles, CA 90071
213-683-9171
Fax: 213-683-4071
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: United States of America
Party type: Intervenor
TERMINATED: 01/21/2011
Attorney name: Andrew H Warren
Attorney Contact:
US Dept of Justice
Criminal Division Fraud Section
1400 New York Ave
4th Floor
Washington, DC 20005
202-305-4232
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Patrick F Stokes
Attorney Contact:
US Dept of Justice
Criminal Division Fraud Section
1400 New York Ave
4th Floor
Washington, DC 20005
202-305-4232
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: CSK Auto Corporation
Party type: Intervenor
TERMINATED: 03/04/2011
Attorney name: David S Han
Attorney Contact:
Gibson Dunn & Crutcher LLP
333 S Grand Ave
Ste 5126
Los Angeles, CA 90071
213-229-7000
Fax: 213-229-7520
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Douglas M Fuchs
Attorney Contact:
Gibson Dunn & Crutcher LLP
333 S Grand Ave
Ste 5064
Los Angeles, CA 90071
213-229-7000
Fax: 213-229-7520
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-07-22 COMPLAINT., filed by Securities and Exchange Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Conrrad, Robert) (Entered: 07/22/2009)
22009-07-22 This case has been assigned to the Honorable. All future pleadings or documents should bear the correct case number: CV 09-1510-PHX-JWS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/23/2009)
32009-07-22 Notice of availability of Magistrate Judge (BAS) (Entered: 07/23/2009)
42009-07-23 SUMMONS Submitted by Securities and Exchange Commission (Conrrad, Robert) (Entered: 07/23/2009)
52009-07-27 Summons Issued as to Maynard L Jenkins. (REK). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 07/27/2009)
62009-07-22 AMENDED This case has been assigned to the Honorable John W Sedwick. All future pleadings or documents should bear the correct case number: CV 09-1510-PHX-JWS (to add Judges name). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/28/2009)
72009-07-30 MOTION to Reassign Case to Single Judge by Securities and Exchange Commission. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Robert H. Conrrad, # 3 [Proposed] Order)(Conrrad, Robert) (Entered: 07/30/2009)
82009-07-31 ORDER granting 7 Motion to Reassign Case. CV 09-1510-PHX-JWS is transferred to Honorable G. Murray Snow for all further proceedings. Signed by Judge John W Sedwick on 7/31/2009.(LAD) (Entered: 07/31/2009)
92009-08-03 Notice re Entry of Order Transferring Case to Single Judge by Securities and Exchange Commission re 8 Order on Motion to Reassign/Transfer Case to Another Judge (Conrrad, Robert) (Entered: 08/03/2009)
102009-08-04 STIPULATION Regarding Briefing and Hearing Schedule on Defendant's Motion to Dismiss by Securities and Exchange Commission. (Attachments: # 1 [Proposed] Order)(Searles, Donald) (Entered: 08/04/2009)
112009-08-10 MOTION for Admission Pro Hac Vice as to attorney John W Spiegel on behalf of Maynard L Jenkins. (BAS) (Entered: 08/10/2009)
122009-08-10 MOTION for Admission Pro Hac Vice as to attorney Melinda E LeMoine on behalf of Maynard L Jenkins. (BAS) (Entered: 08/10/2009)
132009-08-10 MOTION for Admission Pro Hac Vice as to attorney Jenny Jiang on behalf of Maynard L Jenkins. (BAS) (Entered: 08/10/2009)
142009-08-10 MOTION for Admission Pro Hac Vice as to attorney Gregory J Weingart on behalf of Maynard L Jenkins. (BAS) (Entered: 08/10/2009)
152009-08-10 ORDER pursuant to General Order 05-25 granting 11 Motion for Admission Pro Hac Vice; granting 12 Motion for Admission Pro Hac Vice; granting 13 Motion for Admission Pro Hac Vice; granting 14 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/10/2009)
162009-08-11 ORDER pursuant to 10 Stipulation: Maynard L Jenkins answer/response due 9/15/2009. If dft files a motion to dismiss, the briefing and hearing schedule for said motion shall be as follows: Dft's opening brief shall be filed and served on or before 9/15/09; The Commission's opposition shall be filed and served on or before 10/15/09; Dft's reply shall be filed and served on or before 11/5/09. (See document for further details). Signed by Judge G Murray Snow on 8/11/2009. (LAD) (Entered: 08/11/2009)
172009-09-15 MOTION to Dismiss Case by Maynard L Jenkins. (Jiang, Jenny) (Entered: 09/15/2009)
182009-09-15 REQUEST for Judicial Notice re 17 of RJN Exhibits 1-12 In Support of Motion to Dismiss by Maynard L Jenkins. (Attachments: # 1 Exhibit 1 to Request for Judicial Notice, # 2 Exhibit 1.A (Part 1) to Request for Judicial Notice, # 3 Exhibit 1.A (Part 2) to Request for Judicial Notice, # 4 Exhibit 1.A (Part 3) to Request for Judicial Notice, # 5 Exhibit 2 to Request for Judicial Notice, # 6 Exhibit 3 to Request for Judicial Notice, # 7 Exhibit 4 to Request for Judicial Notice, # 8 Exhibit 5 to Request for Judicial Notice, # 9 Exhibit 6 to Request for Judicial Notice, # 10 Exhibit 7 to Request for Judicial Notice, # 11 Exhibit 8 to Request for Judicial Notice, # 12 Exhibit 9 to Request for Judicial Notice, # 13 Exhibit 10 to Request for Judicial Notice, # 14 Exhibit 11 to Request for Judicial Notice, # 15 Exhibit 12 to Request for Judicial Notice, # 16 Text of Proposed Order Re Defendant's Request for Judicial Notice)(Jiang, Jenny) Modified on 9/22/2009 (TLJ). MODIFIED TO REFLECT REQUEST INSTEAD OF MOTION. DOCKET TEXT MODIFIED TO REFLECT DOCUMENT LINKAGE. (Entered: 09/15/2009)
192009-09-15 ***STRIKING DOCUMENT #19 PURSUANT TO ORDER # 20 FILED 9/17/09***EX PARTE MOTION re 17 MOTION to Dismiss Case to File Over-Length Opening Brief (Unopposed) by Maynard L Jenkins. (Attachments: # 1 Text of Proposed Order Granting Unopposed Ex Parte Motion to File Over-Length Brief)(Jiang, Jenny) Modified on 9/17/2009 (MAP). (Entered: 09/15/2009)
202009-09-17 ORDER striking 19 Ex Parte Motion to File an Over-Length Opening Brief in Support of his Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof. Signed by Judge G Murray Snow on 9/16/09. (MAP) (Entered: 09/17/2009)
212009-09-17 STIPULATION re 17 MOTION to Dismiss Case Authorizing Defendant's Filing of an Over-Length Brief by Maynard L Jenkins. (Attachments: # 1 Text of Proposed Order Re Stipulation Authorizing Defendant's Filing of an Over-Length Brief)(Jiang, Jenny) (Entered: 09/17/2009)
222009-09-22 ORDER pursuant to 21 Stipulation: Defendant's Brief in Support of 17 Motion to Dismiss may exceed the page limit from seventeen to twenty-one pages. Signed by Judge G Murray Snow on 9/22/09. (LSP) (Entered: 09/22/2009)
232009-10-15 RESPONSE to Motion re 17 MOTION to Dismiss Case filed by Securities and Exchange Commission. (Conrrad, Robert) (Entered: 10/15/2009)
242009-10-15 MOTION for Ruling re Request for Judicial Notice by Securities and Exchange Commission. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Conrrad, Robert) (Entered: 10/15/2009)
252009-10-15 STIPULATION re 23 Response to Motion to Dismiss by Securities and Exchange Commission. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Order Cover Page)(Conrrad, Robert) (Entered: 10/15/2009)
262009-10-21 ORDER pursuant to 25 Stipulation: Plaintiff's Opposition to 23 Defendant's Motion to Dismiss may exceed the page limit, from seventeen to twenty-four pages. The Opposition filed on October 15, 2009 is deemed filed. Signed by Judge G Murray Snow on 10/21/09. (LSP) (Entered: 10/21/2009)
272009-11-05 REPLY in Support re 17 MOTION to Dismiss Case filed by Maynard L Jenkins. (Jiang, Jenny) (Entered: 11/05/2009)
282009-11-05 STIPULATION re 27 Reply in Support of Motion Authorizing Defendant's Filing of an Over-Length Reply Brief by Maynard L Jenkins. (Attachments: # 1 Text of Proposed Order Re Stipulation Authorizing Defendant's Filing of Over-Length Reply Brief ISO Motion to Dismiss)(Jiang, Jenny) (Entered: 11/05/2009)
292009-11-05 OBJECTION re 24 MOTION for Ruling re Request for Judicial Notice by Defendant Maynard L Jenkins. (Attachments: # 1 Text of Proposed Order Denying in Part Plaintiff's Request for Judicial Notice)(Jiang, Jenny) (Entered: 11/05/2009)
302009-11-10 ORDER pursuant to 28 Stipulation, that the page limit for Defendant's Reply Brief in Support of his Motion to Dismiss be extended from eleven to fifteen pages. Signed by Judge G Murray Snow on 11/9/09. (DMT, ) (Entered: 11/10/2009)
312009-11-10 Reply to Defendant Maynard L. Jenkins' Opposition to Plaintiff's Request for Judicial Notice by Plaintiff Securities and Exchange Commission. (Searles, Donald) (Entered: 11/10/2009)
322010-01-05 Notice re Supplemental Authority by Maynard L Jenkins re 17 MOTION to Dismiss Case (LeMoine, Melinda) (Entered: 01/05/2010)
332010-01-08 MOTION for Leave to File Response to Defendant Maynard L. Jenkins' Notice of Supplemental Authority by Securities and Exchange Commission. (Searles, Donald) Modified on 1/12/2010, DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). ATTORNEY NOTICED, (LSP). (Entered: 01/08/2010)
342010-01-08 LODGED Proposed Response to Defendant Maynard L. Jenkins' Notice of Supplemental Authority re: 33 MOTION for Leave to File Response to Defendant Maynard L. Jenkins' Notice of Supplemental Authority. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Securities and Exchange Commission. (Searles, Donald) Modified on 1/12/2010, DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). ATTORNEY NOTICED, (LSP). (Entered: 01/08/2010)
352010-01-12 RESPONSE to Motion re 33 MOTION for Leave to File Response to Defendant Maynard L. Jenkins' Notice of Supplemental Authority filed by Maynard L Jenkins. (LeMoine, Melinda) (Entered: 01/12/2010)
362010-01-12 LODGED Proposed Response to SEC re Notice of Supplemental Authority re: 33 MOTION for Leave to File Response to Defendant Maynard L. Jenkins' Notice of Supplemental Authority. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Maynard L Jenkins. (LeMoine, Melinda) (Entered: 01/12/2010)
372010-01-13 MOTION for Leave to File Reply to Defendant Maynard L. Jenkins' Response to Securities and Exchange Commission's Submission re Defendant's Notice of Supplemental Authority by Securities and Exchange Commission. (Searles, Donald) (Entered: 01/13/2010)
382010-01-13 LODGED Proposed Reply to Defendant Maynard L. Jenkins' Response to Securities and Exchange Commission's Submission re: Notice of Supplemental Authority re: 37 MOTION for Leave to File Reply to Defendant Maynard L. Jenkins' Response to Securities and Exchange Commission's Submission re Defendant's Notice of Supplemental Authority. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Securities and Exchange Commission. (Searles, Donald) (Entered: 01/13/2010)
392010-04-09 ORDER Hearing set as to 17 MOTION to Dismiss Case: Motion Hearing set for 4/30/2010 at 11:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 4/9/10. (LSP) (Entered: 04/09/2010)
402010-04-20 AMENDED ORDER - setting oral argument on the Motion to Dismiss 17 for April 30,2010 at 11:00 a.m. in Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. Each party will be given twenty minutes to present their arguments. FURTHER ORDERED that the parties be prepared to respond to the questions listed. Signed by Judge G Murray Snow on 4/20/10. (NOTE: See Order for full details)(KMG) (Entered: 04/20/2010)
412010-04-26 SUPPLEMENT of Supplemental Request for Judicial Notice by Plaintiff United States Securities and Exchange Commission. (Conrrad, Robert) (Entered: 04/26/2010)
422010-04-30 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Robert Conrrad and Donald Searles for plaintiff. John Spiegel, Melinda LeMoine and Gregory Weingart for defendant. Motion Hearing held on 4/30/2010. IT IS ORDERED taking under advisement 17 Motion to Dismiss Case.(Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 04/30/2010)
432010-05-03 TRANSCRIPT DESIGNATION AND ORDER FORM by Edward Novak for Don W. Watson by Maynard L Jenkins for proceedings held on 4/30/10 before Judge Snow. (Novak, Edward) (Entered: 05/03/2010)
442010-05-10 TRANSCRIPT DESIGNATION AND ORDER FORM by United States Securities and Exchange Commission for proceedings held on April 30, 2010 before Judge G. Murray Snow. (Searles, Donald) (Entered: 05/10/2010)
452010-05-07 TRANSCRIPT DESIGNATION AND ORDER FORM by Lilya Suris/Kristen Coleman of Kramer Levin Law Firm for motion hearing held on 4/30/2010 before Judge G Murray Snow. (BAS) (Entered: 05/10/2010)
462010-05-11 TRANSCRIPT DESIGNATION AND ORDER FORM by Maynard L Jenkins for proceedings held on 4/30/2010 before Judge G. Murray Snow. (LeMoine, Melinda) (Entered: 05/11/2010)
472010-05-13 TRANSCRIPT of Proceedings re: Motion Hearing held on 04/30/2010 before Judge G Murray Snow. Court Reporter: Gary Moll. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/3/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 8/11/2010. (BAS) (Entered: 05/13/2010)
482010-05-14 TRANSCRIPT DESIGNATION AND ORDER FORM by Junaid Zubairi of Vedder Price for motion hearing proceedings held on 4/30/2010 before Judge G Murray Snow. (BAS) (Entered: 05/18/2010)
492010-06-09 ORDER - IT IS ORDERED that Dft's 17 Motion to Dismiss is DENIED. FURTHER ORDERED that Pla's 24 Motion for Ruling Regarding Request for Judicial Notice is DENIED. FURTHER ORDERED that Pla's 33 Motion for Leave to File a Response to Dft's Notice of Supplemental Authority is DENIED as moot, except as explained in this Order. FURTHER ORDERED that Dft's 37 Motion for Leave to File [a] Reply to Dft's Response is DENIED as moot, except as explained in this Order. Signed by Judge G Murray Snow on 6/9/10. (SAT) (Entered: 06/09/2010)
50 ANSWER to 1 Complaint by Maynard L Jenkins.(Spiegel, John) (Entered: 06/23/2010)
51 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE, Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for 7/30/2010 at 10:30 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. The Court directs counsel to Federal Rule of Civil Procedure 16 for the objectives of the Case Management Conference. Signed by Judge G Murray Snow on 06/23/10. (NOTE: See attached pdf for complete details)(ESL) (Entered: 06/24/2010)
52 Notice re Service of Plaintiff Securities and Exchange Commission's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) by United States Securities and Exchange Commission (Searles, Donald) (Entered: 07/14/2010)
53 Notice re Service of Defendants' Initial Disclosures by Maynard L Jenkins (Attachments: # 1 Proof of Service)(LeMoine, Melinda) (Entered: 07/16/2010)
53.1 Proof of Service
54 REPORT re: Rule 26(f) Planning Meeting by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 07/23/2010)
55 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Donald Searles for pla; John Spiegel and Gregory Weingart for dft. Scheduling Conference held on 7/30/2010. Status of the case is discussed. Order to follow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 07/30/2010)
56 ORDER, Rule 16 Scheduling Conference reset for 10/29/2010 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow (see order for further details). Signed by Judge G Murray Snow on 7/30/10. (REW) (Entered: 08/02/2010)
57 NOTICE re Service of Responses to Defendant's First Set of Requests for Admission by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 08/03/2010)
58 TRANSCRIPT REQUEST by Maynard L Jenkins for proceedings held on July 30, 2010 before Judge G. Murray Snow.. (Weingart, Gregory) (Entered: 08/05/2010)
59 NOTICE re of Service Pursuant to L.R. 5.2 by Maynard L Jenkins of First Set of Interrogatories, First Set of Request for Production of Documents, and First Set of Requests for Admission on Plaintiff. (Weingart, Gregory) (Entered: 08/06/2010)
60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 07/30/2010, before Judge G Murray Snow. Court Reporter Gary Moll. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/31/2010. Redacted Transcript Deadline set for 9/10/2010. Release of Transcript Restriction set for 11/8/2010. (BAS) (Entered: 08/10/2010)
61 TRANSCRIPT REQUEST by United States Securities and Exchange Commission for proceedings held on April 7, 2009 and April 15, 2009 before Judge The Honorable David Duncan.. (Searles, Donald) Modified on 9/1/2010 CORRECTION: filed in wrong case, attorney noticed to re-file in CR 09-365 (REW). (Entered: 09/01/2010)
62 NOTICE TO FILER OF DEFICIENCY re 61 Transcript Request, filed by United States Securities and Exchange Commission. Description of deficiency: Document filed in wrong case. Attorney noticed to re-file in correct case. (REW) (Entered: 09/01/2010)
63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins by United States Securities and Exchange Commission. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Separate Statement of Material Facts, # 3 Declaration of Donald W. Searles, # 4 Index of Exhibits, # 5 Exhibit 1 to Searles Declaration, # 6 Exhibit 2 to Searles Declaration, # 7 Exhibit 3 to Searles Declaration, # 8 Exhibit 4 to Searles Declaration, # 9 Exhibit 5 to Searles Declaration, # 10 Exhibit 6 to Searles Declaration (1 of 2), # 11 Exhibit 6 to Searles Declaration (2 of 2), # 12 Exhibit 7 to Searles Declaration, # 13 Exhibit 8 to Searles Declaration, # 14 Exhibit 9 to Searles Declaration, # 15 Exhibit 10 to Searles Declaration, # 16 Exhibit 11 to Searles Declaration, # 17 Exhibit 12 to Searles Declaration, # 18 Exhibit 13 to Searles Declaration, # 19 Exhibit 14 to Searles Declaration, # 20 Exhibit 15 to Searles Declaration, # 21 Exhibit 16 to Searles Declaration, # 22 Exhibit 17 to Searles Declaration, # 23 Exhibit 18 to Searles Declaration, # 24 Exhibit 19 to Searles Declaration, # 25 [Proposed] Order)(Searles, Donald) (Entered: 09/17/2010)
63.1 Memorandum of Points and Authorities
63.2 Separate Statement of Material Facts
63.3 Declaration of Donald W. Searles
63.4 Index of Exhibits
63.5 Exhibit 1 to Searles Declaration
63.6 Exhibit 2 to Searles Declaration
63.7 Exhibit 3 to Searles Declaration
63.8 Exhibit 4 to Searles Declaration
63.9 Exhibit 5 to Searles Declaration
63.10 Exhibit 6 to Searles Declaration (1 of 2)
63.11 Exhibit 6 to Searles Declaration (2 of 2)
63.12 Exhibit 7 to Searles Declaration
63.13 Exhibit 8 to Searles Declaration
63.14 Exhibit 9 to Searles Declaration
63.15 Exhibit 10 to Searles Declaration
63.16 Exhibit 11 to Searles Declaration
63.17 Exhibit 12 to Searles Declaration
63.18 Exhibit 13 to Searles Declaration
63.19 Exhibit 14 to Searles Declaration
63.20 Exhibit 15 to Searles Declaration
63.21 Exhibit 16 to Searles Declaration
63.22 Exhibit 17 to Searles Declaration
63.23 Exhibit 18 to Searles Declaration
63.24 Exhibit 19 to Searles Declaration
63.25 [Proposed] Order
66 ORDER pursuant to 65 Stipulation: IT IS HEREBY ORDERED that the briefing schedule for the Commission's Motion for Partial Summary Judgment be modified as follows: 1. Response to Motion for Partial Summary Judgment (Doc. 63) due on or before October 29, 2010; 2. Reply due on or before November 12, 2010. IT IS FURTHER ORDERED that the Rule 16 Scheduling Conference in this matter, currently set for October 29, 2010, be continued to December 10, 2010 at 9:00a.m. Signed by Judge G Murray Snow on 9/27/10. (LAD) (Entered: 09/27/2010)
67 STIPULATION re 63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins Authorizing Defendant's Filing of an Over-Length Opposition Memorandum of Points and Authorities by Maynard L Jenkins. (Attachments: # 1 Text of Proposed Order Re: Stipulation Authorizing Defendant's Filing of an Over-Length Memorandum of Points and Authorities in Opposition to the SEC's Motion for Partial Summary Judgment)(Jiang, Jenny) (Entered: 10/21/2010)
67.1 Text of Proposed Order Re: Stipulation Authorizing Defendant's Filing of an
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75 NOTICE re Notice of Service Pursuant to L.R. Civ.5.2 by Maynard L Jenkins. (Jiang, Jenny) (Entered: 11/11/2010)
76 REPLY to Response to Motion re 63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins filed by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 11/12/2010)
77 DECLARATION of Donald W. Searles ISO of Reply To Response to MSJ filed by United States Securities and Exchange Commission. (Attachments: # 1 Ex. 20, # 2 Ex. 21, # 3 Ex. 22, # 4 Ex. 23, # 5 Ex. 24, # 6 Ex. 25, # 7 Ex. 26, # 8 Ex. 27, # 9 Ex. 28, # 10 Ex. 29)(Searles, Donald) (Entered: 11/12/2010)
77.1 Ex. 20
77.2 Ex. 21
77.3 Ex. 22
77.4 Ex. 23
77.5 Ex. 24
77.6 Ex. 25
77.7 Ex. 26
77.8 Ex. 27
77.9 Ex. 28
77.10 Ex. 29
78 REPLY to Response to Motion re 63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins :SEC's Supplemental Statement of Facts filed by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 11/12/2010)
79 REPLY to Response to Motion re 63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins :SEC's Objections to Defendant's Separate Statement of Facts filed by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 11/12/2010)
80
812010-11-15 RESPONSE to Motion re 80 MOTION to Strike 78 Reply to Response to Motion, Notice of Motion and Motion by Defendant Maynard L. Jenkins to Strike Plaintiff's (1) "Supplemental Separate Statement of Material Facts," (2) New Evidence Submitted with Plaintiff
822010-11-24 ORDER granting 69 Motion to Continue as follows: Scheduling Conference is reset for 1/14/2011 at 10:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow.. Signed by Judge G Murray Snow on 11/24/10.(KMG) (Entered: 11/24/2010)
832010-11-30 NOTICE re Notice of Issuance of Document Subpoena to PricewaterhouseCoopers LLP by Maynard L Jenkins. (Attachments: # 1 Exhibit Exhibit 1 to Notice of Issuance of Document Subpoena (Part 1), # 2 Exhibit Exhibit 1 to Notice of Issuance of Document Subpoena (Part 2))(Jiang, Jenny) (Entered: 11/30/2010)
83.1
83.2
842010-12-01 NOTICE re Notice of Issuance of Document Subpoenas to CSK Auto, Inc., CSK Auto Corporation, and O'Reilly Automotive, Inc. by Maynard L Jenkins. (Attachments: # 1 Exhibit Exhibit 1 (Part 1) to Notice of Issuance of Document Subpoena, # 2 Exhibit Exhibit 1 (Part 2) to Notice of Issuance of Document Subpoena, # 3 Exhibit Exhibit 2 (Part 1) to Notice of Issuance of Document Subpoena, # 4 Exhibit Exhibit 2 (Part 2) to Notice of Issuace of Document Subpoena, # 5 Exhibit Exhibit 3 (Part 1) to Notice of Issuance of Document Subpoena, # 6 Exhibit Exhibit 3 (Part 2) to Notice of Issuance of Document Subpoena)(Jiang, Jenny) (Entered: 12/01/2010)
84.1 Exhibit Exhibit 1 (Part 1) to Notice of Issuance of Document Subpoena
84.2 Exhibit Exhibit 1 (Part 2) to Notice of Issuance of Document Subpoena
84.3 Exhibit Exhibit 2 (Part 1) to Notice of Issuance of Document Subpoena
84.4 Exhibit Exhibit 2 (Part 2) to Notice of Issuace of Document Subpoena
84.5 Exhibit Exhibit 3 (Part 1) to Notice of Issuance of Document Subpoena
84.6 Exhibit Exhibit 3 (Part 2) to Notice of Issuance of Document Subpoena
852010-12-17 NOTICE re Notice of Service Pursuant to L.R. Civ. 5.2 by Maynard L Jenkins. (Jiang, Jenny) (Entered: 12/17/2010)
862010-12-20 NOTICE re Service of Notice of Videotaped Deposition of Maynard L. Jenkins by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 12/20/2010)
872010-12-23 NOTICE re Notice of Service Pursuant to L.R. CIV. 5.2 by Maynard L Jenkins. (Jiang, Jenny) (Entered: 12/23/2010)
882011-01-05 MOTION for Protective Order Staying the Deposition of Aimee Hudson by United States Securities and Exchange Commission. (Attachments: # 1 Proposed Order)(Searles, Donald) Modified on 1/5/2011 CORRECTION: document not in compliance with LRCiv 7.1 (caption of pleading) (REW). (Entered: 01/05/2011)
892011-01-05 ORDER denying without prejudice Plaintiff's 88 Motion for Protective Order Staying the Deposition of Aimee Hudson. Signed by Judge G Murray Snow on 1/5/11.(REW) (Entered: 01/05/2011)
902011-01-06 MOTION to Intervene AND TO STAY CERTAIN DEPOSITIONS PENDING CRIMINAL DISPOSITION by United States of America. (Attachments: # 1 Memorandum of Law in Support, # 2 Text of Proposed Order)(Stokes, Patrick) (Entered: 01/06/2011)
90.1 Memorandum of Law in Support
90.2 Text of Proposed Order
912011-01-06 MEMORANDUM in Support of 90 MOTION to Intervene AND TO STAY CERTAIN DEPOSITIONS PENDING CRIMINAL DISPOSITION by Intervenor United States of America. (Stokes, Patrick) (Entered: 01/06/2011)
922011-01-07 MOTION for Admission Pro Hac Vice as to attorney Matthew A Macdonald on behalf of Maynard L Jenkins. (BAS) (Entered: 01/07/2011)
932011-01-07 ORDER pursuant to General Order 05-25 granting 92 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/07/2011)
942011-01-07 REPORT, re: Rule 26(f) Planning Meeting; Joint Case Management Statement for January 14, 2011 Scheduling Conference by Defendant Maynard L Jenkins. (Jiang, Jenny) Modified on 1/10/2011 CORRECTION to event (REW). (Entered: 01/07/2011)
952011-01-10 Due to a conflict in the Court's calendar, IT IS ORDERED the Scheduling Conference, presently set for 1/14/2011 at 10:00 a.m. is VACATED and RESET. Scheduling Conference set for 1/21/2011 at 10:30 a.m.in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Ordered by Judge G Murray Snow. (ADG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 01/10/2011)
962011-01-11 RESPONSE in Opposition re 90 MOTION to Intervene AND TO STAY CERTAIN DEPOSITIONS PENDING CRIMINAL DISPOSITION Opposition of Defendant Maynard L. Jenkins to United States' Motion to Intervene and to Stay Depositions filed by Maynard L Jenkins. (Weingart, Gregory) (Entered: 01/11/2011)
972011-01-11 DECLARATION of Gregory J. Weingart in Support of Opposition to United States' Motion to Intervene and to Stay Depositions re 96 Response in Opposition to Motion, filed by Maynard L Jenkins. (Weingart, Gregory) (Entered: 01/11/2011)
982011-01-11 Notice of Motion and MOTION to Intervene and Stay Proceedings or Limit Discovery by Defendant CSK Auto Corporation. (Danneman, Dale) Modified on 1/12/2011 CORRECTIONS to event, document captioned incorrectly (REW). (Entered: 01/11/2011)
992011-01-11 REQUEST re: Request for Judicial Notice in Support of Third-Party CSK Auto Corporation's Motion to Intervene and Stay Proceedings or Limit Discovery by Defendant CSK Auto Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Danneman, Dale) Modified on 1/24/2011 CORRECTION: document captioned incorrectly (REW). (Entered: 01/11/2011)
99.1
99.2
1002011-01-11 DECLARATION of Jeffrey L. Groves in Support of Third-Party CSK Auto Corporation's Motion to Intervene and Stay Proceedings or Limit Discovery re 99 Request, 98 Memorandum by Defendant CSK Auto Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Danneman, Dale) Modified on 1/24/2011 CORRECTION: document captioned incorrectly (REW). (Entered: 01/11/2011)
100.1
100.2
1012011-01-13 MOTION for Admission Pro Hac Vice as to attorney Douglas M. Fuchs by CSK Auto Corporation. (Han, David) (Entered: 01/13/2011)
1022011-01-13 MOTION for Admission Pro Hac Vice as to attorney David S. Han by CSK Auto Corporation. (Han, David) (Entered: 01/13/2011)
1032011-01-13 ORDER pursuant to General Order 05-25 granting 101 Motion for Admission Pro Hac Vice; granting 102 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 01/13/2011)
1042011-01-13 REPLY to Response to Motion re 90 MOTION to Intervene AND TO STAY CERTAIN DEPOSITIONS PENDING CRIMINAL DISPOSITION filed by United States of America. (Taylor, Jennifer) Modified on 1/24/2011 CORRECTION: document captioned incorrectly (REW). (Entered: 01/13/2011)
1052011-01-17 RESPONSE in Opposition re 98 MOTION to Intervene Opposition to Motion of CSK Auto Corporation to Intervene and to Stay filed by Maynard L Jenkins. (Jiang, Jenny) (Entered: 01/17/2011)
1062011-01-17 REQUEST re: Request of Defendant Maynard L. Jenkins for Judicial Notice in Support of Opposition to CSK's Motion to Intervene and to Stay by Defendant Maynard L Jenkins. (Attachments: # 1 Exhibit Exhibit A to Request for Judicial Notice in Support of Opposition to CSK's Motion to Intervene and to Stay, # 2 Exhibit Exhibit B to Request for Judicial Notice in Support of Opposition to CSK's Motion to Intervene and to Stay, # 3 Exhibit Exhibit C to Request for Judicial Notice in Support of Opposition to CSK's Motion to Intervene and to Stay, # 4 Exhibit Exhibit D to Request for Judicial Notice in Support of Opposition to CSK's Motion to Intervene and to Stay)(Jiang, Jenny) (Entered: 01/17/2011)
1072011-01-17 DECLARATION of John W. Spiegel in Support of Opposition of Defendant Maynard L. Jenkins to Motion of CSK Auto Corporation to Intervene and to Stay re 105 Response in Opposition to Motion by Defendant Maynard L Jenkins. (Attachments: # 1 Exhibit 1 to Declaration of John W. Spiegel, # 2 Exhibit 2 to Declaration of John W. Spiegel, # 3 Exhibit 3 to Declaration of John W. Spiegel, # 4 Exhibit 4 to Declaration of John W. Spiegel)(Jiang, Jenny) (Entered: 01/17/2011)
1082011-01-18 AMENDED DOCUMENT, re: 105 RESPONSE in Opposition of Defendant Maynard L. Jenkins re 98 MOTION to of CSK Auto Corporation to Intervene and to Stay [Correcting Typographical Errors] filed by Maynard L Jenkins. (Weingart, Gregory) Modified on 1/19/2011 CORRECTIONS to event and linkage (REW). (Entered: 01/18/2011)
1092011-01-21 TRANSCRIPT REQUEST by Maynard L Jenkins for proceedings held on 1/21/2011 before Judge G. Murray Snow.. (Spiegel, John) (Entered: 01/21/2011)
1102011-01-21 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Donald Searles for plaintiff. Gregory Weingart for defendant Maynard Jenkins who is also present. Scheduling Conference held on 1/21/2011. Status of the case is discussed and case management deadlines are established. The Court signs the Case Management Order this date. Order to follow. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 01/21/2011)
1112011-01-21 CASE MANAGEMENT ORDER: Discovery due by 10/31/2011. Dispositive motions due by 3/12/2012. (See Order for full details). Signed by Judge G Murray Snow on 1/21/2011. (KFZ) (Entered: 01/21/2011)
1122011-01-21 REPLY to Response to Motion re 98 MOTION to Intervene and Stay Proceedings or Limit Discovery filed by CSK Auto Corporation. (Han, David) Modified on 1/24/2011 CORRECTION: document captioned incorrectly (REW). (Entered: 01/21/2011)
1132011-01-21 ORDER denying without prejudice the United States' 90 Motion to Intervene; denying the United States' 90 Motion to Stay Certain Depositions Pending Criminal Disposition. Signed by Judge G Murray Snow on 1/21/11.(REW) (Entered: 01/21/2011)
1142011-01-24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 01/21/2011, before Judge G Murray Snow. Court Reporter Gary Moll. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/14/2011. Redacted Transcript Deadline set for 2/24/2011. Release of Transcript Restriction set for 4/25/2011. (BAS) (Entered: 01/24/2011)
1152011-01-28 NOTICE re Notice of Service Pursuant to L.R. CIV. 5.2 by Maynard L Jenkins. (Macdonald, Matthew) (Entered: 01/28/2011)
1162011-02-10 RESPONSE to Motion re 63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins SUPPLEMENTAL OPPOSITION OF DEFENDANT MAYNARD L. JENKINS TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Maynard L Jenkins. (Weingart, Gregory) (Entered: 02/10/2011)
1172011-02-10 DECLARATION of James B. Riley and Gregory J. Weingart re 116 Response to Motion for Partial Summary Judgment, DECLARATION OF JAMES B. RILEY AND SUPPLEMENTAL DECLARATION OF GREGORY J. WEINGART IN SUPPORT OF SUPPLEMENTAL OPPOSITION OF DEFENDANT MAYNARD L. JENKINS TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Defendant Maynard L Jenkins. (Weingart, Gregory) Modified on 2/11/2011 (TLJ). CORRECTED to correct event. (Entered: 02/10/2011)
1182011-02-15 REPLY to Response to Motion (Objections to Declaration) re 63 MOTION for Partial Summary Judgment against Defendant Maynard L. Jenkins filed by United States Securities and Exchange Commission. (Searles, Donald) Modified on 2/16/2011 CORRECTION: not text searchable (REW). (Entered: 02/15/2011)
1192011-02-22 Minute Order: This case is reassigned to the Honorable Robert J. Bryan (Visiting Judge). All future documents filed shall include the initials RJB as part of the complete case number. Any deadlines and hearings are affirmed unless reset by subsequent separate order. Contact information for this visiting Judge is located on the Court's website under the Judges and Courtroom tab. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 02/22/2011)
1202011-02-23 NOTICE that the court will direct the Clerk to issue an order requiring that the parties submit a joint status report and discovery plan (see notice for details). Signed by Judge Robert J Bryan on 2/23/11. (TLJ) (Entered: 02/23/2011)
1212011-02-23 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT. Status Report due by 4/25/2011. Signed by Judge Robert J Bryan on 2/23/11. (TLJ) (Entered: 02/23/2011)
1222011-03-04 ORDER denying CSK Auto Corporation's 98 Motion to Intervene and Stay Proceedings or Limit Discovery. Signed by Judge Robert J Bryan on 3/4/11.(REW) (Entered: 03/04/2011)
1232011-03-24 STIPULATION BETWEEN PLAINTIFF SEC AND DEFENDANT MAYNARD JENKINS RE: SETTLEMENT AND STAY OF PROCEEDINGS by Maynard L Jenkins. (Macdonald, Matthew) (Entered: 03/24/2011)
1242011-03-24 Additional Attachments to Main Document re 123 Stipulation [Proposed] Order on Stipulation Between Plaintiff SEC and Defendant Maynard Jenkins re: Settlement and Stay of Proceedings by Defendant Maynard L Jenkins. (Macdonald, Matthew) (Entered: 03/24/2011)
1252011-03-25 ORDER granting 123 Stipulation - The Court hereby GRANTS the request and ORDERS AS FOLLOWS: 1. Pending final approval of the parties' tentative settlement by the Securities and Exchange Commissioners, any and all pending and/or future deadlines, including those regarding discovery, disclosures, and motion practice, shall be stayed; 2. The Court will not further consider or decide the pending summary adjudication motion pending completion of the settlement; Plaintiff's Motion for Partial Summary Judgment (Dkt. 63) and the Motion to Strike (Dkt. 80) are STRICKEN WITHOUT PREJUDICE to renewing the motions at a later date; Not later than May 25, 2011, the parties shall file a proposed stipulation for dismissal of this case or a joint status report, informing the court of the status of the case. (See document for further details). Signed by Judge Robert J Bryan on 3/25/11. (LAD) (Entered: 03/25/2011)
1262011-05-24 STATUS REPORT Joint by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 05/24/2011)
1272011-05-26 ORDER STAYING CASE, this case is stayed until 7/18/11; the parties shall file a proposed stipulation for dismissal of this case or a Joint Status Report by 7/18/11. Signed by Judge Robert J Bryan on 5/25/11. (REW) (Entered: 05/26/2011)
1282011-07-18 STATUS REPORT Joint by United States Securities and Exchange Commission. (Searles, Donald) (Entered: 07/18/2011)
1292011-07-19 Minute Order authorized by Judge Robert J Bryan: Pursuant to the Joint Status Report filed 7/18/11 128 , the parties shall submit a discovery plan and proposed schedule on or before 7/29/11. (REW) (Entered: 07/19/2011)
1302011-07-28 REPORT of Joint Discovery Plan and Proposed Schedule by Plaintiff United States Securities and Exchange Commission. (Searles, Donald) (Entered: 07/28/2011)
1312011-08-02 TEXT-ONLY MINUTE ORDER: At the request of the Honorable Robert J. Bryan, this matter is hereby referred to a magistrate judge for a settlement conference. After random draw, this matter is referred to Magistrate Judge Michelle H. Burns for a settlement conference. Counsel are directed to contact Judge Burns's chambers to schedule the settlement conference. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 08/02/2011)
1322011-08-10 Minute Order Setting Trial and Pretrial Dates entered by Direction of Judge Robert J Bryan. Discovery due by 4/27/2012. Dispositive motions due by 5/25/2012. Proposed Pretrial Order due by 8/10/2012. Bench Trial set for 8/27/2012 at 09:30 AM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Judge Robert J Bryan. Telephonic Pretrial Conference set for 8/17/2012 at 08:30 AM before Judge Robert J Bryan. (see order for complete details)(REW) (Entered: 08/10/2011)
1332011-08-11 SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 8/30/2011 at 09:30 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns (see order for complete details). Signed by Magistrate Judge Michelle H Burns on 8/10/11. (REW) (Entered: 08/11/2011)
1342011-08-24 Minute Order. Upon stipulation of the parties, IT IS HEREBY ORDERED resetting the Settlement Conference for 9/27/2011 at 09:00 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB,emc) (Entered: 08/24/2011)
1352011-11-15 NOTICE of Settlement Consent of Defendant Maynard L. Jenkins by United States Securities and Exchange Commission (Attachments: # 1 Proposed Final Judgment)(Searles, Donald) (Entered: 11/15/2011)
135.1 Proposed Final Judgment
1362011-11-16 FINAL JUDGMENT that Defendant shall reimburse O'Reilly Automotive Inc., which acquired CSK Auto Corporation, $2,796,467 pursuant to Section 304(a) of the Sarbanes-Oxley Act of 2002, 15 U.S.C. § 7243(a). Defendant shall satisfy this reimbursement obligation to OReilly by paying O'Reilly in two installments. Signed by Judge Robert J Bryan on 11/16/11. (NOTE: see attached pdf for complete details) (ESL) (Entered: 11/16/2011)