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To: scion who wrote (123)	2/5/2010 8:42:49 AM
From: scion	Read Replies (2) \| Respond to of 226

02/04/2010 15 MOTION to Lift stay and resume discovery re Order on Motion to Stay,, Case Stayed by Securities and Exchange Commission (Rue, Alex) (Entered: 02/04/2010) Doc 15 PDF file viewer.zoho.com MOTION TO LIFT STAY AND RESUME DISCOVERY The plaintiff Securities and Exchange Commission (“Commission”) moves the Court to lift the stay in this case and to permit the parties to resume discovery. While the parties had agreed upon the principals that could produce a tentative settlement in this case, for the reasons discussed below, no further efforts towards settlement are practical. In mid-September 2009, counsel for the parties began discussing a tentative settlement in this case. In order to complete those negotiations, on September 16, 2009, counsel for the plaintiff provided financial statement forms to the defendants at the request of their counsel. Despite repeated inquiries from counsel for the plaintiff as to when the requested information would be provided and repeated assurances that the materials would be provided, defendants failed to produce any financial information until January 8, 2010 and, even then, the information produced was incomplete and inaccurate. Subsequently, on January 26, 2010, the defendants provided additional materials which again were incomplete and inaccurate. Based on the incomplete and inaccurate information that was eventually provided, counsel for the plaintiff believes there is no realistic basis to believe a settlement along the lines discussed by counsel is practical. Status of the Case This case was stayed on November 2, 2009 until February 5, 2010 after the parties filed their joint motion on October 5, 2009. At the time, defendants and relief defendant owed the plaintiff responses to interrogatories and requests for the production of documents that had been served upon them on July 18, 2009. Although counsel for the plaintiff had extended the time to respond for 30 days, defendants had not responded and have not yet answered the interrogatories or responded to the requests for production. Plaintiff has conducted some informal discovery but no depositions have yet been taken. Plaintiff has engaged an expert witness and anticipates that it can produce an expert report in the next two weeks. Plaintiff asks that the Court reopen discovery in this case at the same point as it was stayed. The plaintiff has attached a proposed Amended Case management Order for the remaining discovery and other deadlines to this motion as Exhibit 1. Plaintiff also asks this Court to set a status conference to discuss the proposed Amended Case management Order at its earliest convenience. WHEREFORE, the plaintiff asks that its Motion to Lift Stay and Resume discovery be granted and that the Court issue the proposed Amended Case Management Order attached to this motion February 4, 2010 Respectfully submitted /S/ Alex Rue Alex Rue Georgia State Bar No. 618950 Senior Trial Counsel Atlanta Regional Office Securities and Exchange Commission Suite 500 3475 Lenox Road, NE Atlanta, GA 30326 404 842-7616 Exhibit 1 Proposed Amended Scheduling Order PROPOSED AMENDED CASE MANAGEMENT ORDER This amended case management order can be modified only by order of the Court upon a showing of good cause, IT IS HEREBY ORDERED: 6. c. ORDERED that the Plaintiff’s experts shall be designated on or before March 1, 2010. d. ORDERED that all discovery shall be completed by June 1, 2010. e. ORDERED that all motions other than in limine motions shall be filed before June 20, 2010. The deadline for in limine motions is ten (10) days before the pretrial conference, with responses due five (5) days prior to the pretrial conference. f. ORDERED that the SETTLEMENT CONFERENCE in this case is required. Mediation is required prior to the pretrial conference. g. ORDERED that the PRETRIAL CONFERENCE in this case is __________. h. ORDERED that this case is set for JURY TRIAL: i. on a day certain beginning __________________, or ii. during a trial calendar scheduled for a three weeks beginning _________________. i. CONFLICTS: No conflicts. (The court will only consider conflicts specified in this ORDER.) SO ORDERED, this the ___ day of ____________, 2010. ____________________________________ UNITED STATES MAGISTRATE JUDGE Email: Ruea@sec.gov

To: scion who wrote (123)	2/19/2010 5:22:14 PM
From: scion	Read Replies (2) \| Respond to of 226

Pacer update 12 Feb 10 SEC v. U. S. Sustainable Energy Corp et al 5:08-cv-00245-DCB-JMR Date Filed # Docket Text 02/12/2010 19 MEMORANDUM in Support re 18 MOTION for Leave to File Pleading In Camera filed by U. S. Sustainable Energy Corp, John H. Rivera, Alice M. Price (Watson, Benjamin) (Entered: 02/12/2010) 02/12/2010 18 MOTION for Leave to File Pleading In Camera by U. S. Sustainable Energy Corp, John H. Rivera, Alice M. Price (Watson, Benjamin) (Entered: 02/12/2010) 02/12/2010 17 MOTION to Withdraw as Attorney by U. S. Sustainable Energy Corp, John H. Rivera, Alice M. Price (Watson, Benjamin) (Entered: 02/12/2010) 02/10/2010 16 NOTICE to Take Deposition of John H. Rivera, Alice Price by Securities and Exchange Commission (Rue, Alex) (Entered: 02/10/2010) ecf.mssd.uscourts.gov