Case No. CV 09-1880 MHP 1 JOINT STATUS REPORT AND STIPULATION

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MARC J. FAGEL (Cal. Bar No. 154425) 

ROBERT TASHJIAN (Cal. Bar No. 191007) 

 tashjianr@sec.gov 

MARK P. FICKES (Cal. Bar No. 178570) 

 fickesm@sec.gov 

LLOYD FARNHAM (Cal. Bar No. 202231) 

 farnhaml@sec.gov 

Attorneys for Plaintiff 

SECURITIES AND EXCHANGE COMMISSION 

44 Montgomery Street, 26th Floor 

San Francisco, California 94104 

Telephone: (415) 705-2500 

Facsimile: (415) 705-2501 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SECURITIES AND EXCHANGE COMMISSION, 

 Plaintiff, 

 v. 

MAHER F. KARA, MICHAEL F. KARA, 

EMILE Y. JILWAN, ZAHI T. HADDAD, 

BASSAM Y. SALMAN, and KARIM I. BAYYOUK,

 Defendants. 

 Case No. CV 09-1880 MHP 

JOINT STATUS REPORT AND 

STIPULATED REQUEST TO 

CONTINUE STATUS CONFERENCE 

AND DISCOVERY DEADLINES 

[PROPOSED ORDER] 

Based on a stipulation of the parties, on February 16, 2010 the Court set a further status 

conference in this case for April 26, 2010. The status conference was continued to follow a trial 

and motions setting conference in the related criminal action pending before the Court involving 

three of the same defendants. The parties to the criminal action have agreed to continue that 

hearing date until June 21, 2010. Accordingly, in order to permit the criminal action to proceed 

and permit the parties to continue to discuss resolution of the civil action, the parties now ask 

that the Court continue certain discovery deadlines by approximately 60 days and reschedule the 

further status conference in this case to June 28, 2010. 

Case 3:09-cv-01880-EMC Document 76 Filed 04/21/10 Page 1 of 4
Case No. CV 09-1880 MHP 2 JOINT STATUS REPORT AND STIPULATION

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A. STATUS OF THE CASE 

Three of the defendants in this civil action are also defendants in a related criminal case, 

U.S. v. Maher Fayez Kara, et al., No. CR 09-0417 MHP. Maher Kara, Michael Kara, and Emile 

Jilwan are accused of securities fraud based on the same factual allegations as those made in the 

Commission’s civil complaint. By a stipulation filed on April 15, 2020, the parties to the 

criminal action have requested that the Court set a criminal Trial and Motions Setting 

Conference on June 21, 2010. The defendants in the criminal action told the Court they need 

additional time to review evidence and pursue a resolution of the case. The Court has not yet set 

a trial date for either the criminal case or this related civil action. 

Discovery is underway in the civil case, and the Commission has produced documents 

obtained during its investigation, pursuant to initial disclosure obligations and defendants’ 

document requests, and defendants have responded to the document requests served by the 

Commission. The parties have conducted two third-party depositions, and have agreed to 

reschedule others in order to attempt to resolve the claims in the civil case. 

B. STIPULATION TO CONTINUE STATUS CONFERENCE AND DISCOVERY 

The parties to the civil case agree that the status conference and other discovery should 

be continued for approximately 60 days, and that discovery should be stayed until a further status 

conference is held. This short delay in the discovery in this action will permit the parties to the 

criminal case to work toward a resolution of that case, and permit the Commission and the 

parties to discuss resolution of the civil claims. 

The parties stipulate to continuing the following dates, by 63 days: 

Event or deadline Current Date Proposed Continued Date

Further Status Conference April 26, 2010 June 28, 2010 

Disclosure of witnesses, case 

in chief 

July 12, 2010 September 13, 2010 

Discovery cut-off August 9, 2010 October 11, 2010 

Plaintiff’s expert designation 

and reports 

September 6, 2010 November 8, 2010 

Defendants’ expert 

designation and reports 

September 22, 2010 November 24, 2010 

Case 3:09-cv-01880-EMC Document 76 Filed 04/21/10 Page 2 of 4
Case No. CV 09-1880 MHP 3 JOINT STATUS REPORT AND STIPULATION

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Event or deadline Current Date Proposed Continued Date

Plaintiff’s rebuttal expert 

designation and reports 

October 8, 2010 December 10, 2010 

Defendants’ rebuttal expert 

designation and reports 

October 15, 2010 December 17, 2010 

Dispositive motions to be 

heard 

November 29, 2010 January 31, 2011 

Dated: April 19, 2009 /s/ Robert Tashjian 

ROBERT TASHJIAN 

Attorney for Plaintiff

SECURITIES AND EXCHANGE COMMISSION 

 /s/ George C. Harris 

GEORGE C. HARRIS 

Morrison & Foerster LLP 

Attorneys for Defendant MAHER KARA 

/s/ Ismail Ramsey 

ISMAIL RAMSEY 

Ramsey & Ehrlich LLP 

Attorneys for Defendant MICHAEL F. KARA 

 /s/ William H. Green 

WILLIAM H. GREEN 

Attorneys for Defendant EMILE Y. JILWAN 

 /s/ Patrick W. Blegen 

PATRICK W. BLEGEN 

Attorneys for Defendant BASSAM Y. SALMAN 

 /s/ Matthew F. Leitman 

MATTHEW F. LEITMAN 

Miller Canfield Paddock and Stone, PLC 

Attorneys for Defendant KARIM I. BAYYOUK 

GENERAL ORDER 45 ATTESTATION 

In accordance with General Order 45, each of the signatories to this documents have 

concurred in its filing, and I shall maintain records to support these concurrences. 

 /s/ Robert Tashjian 

ROBERT TASHJIAN 

Attorney for Plaintiff

SECURITIES AND EXCHANGE COMMISSION

Case 3:09-cv-01880-EMC Document 76 Filed 04/21/10 Page 3 of 4
Case No. CV 09-1880 MHP 1 ORDER CONTINUING STATUS CONFERENCE

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[PROPOSED] ORDER 

The Court has considered the materials and papers submitted by counsel in this matter 

and for good cause shown, IT IS HEREBY ORDERED as follows: 

The Status Conference previously set for April 26, 2010 is vacated and rescheduled for 

June 28, 2010, at 3:00 p.m., with a joint status report to be filed one week prior to the 

conference. 

Discovery in this case shall be stayed until the Status Conference on June 28, 2010. 

The following discovery deadlines previously set by the Court are continued to the 

following dates: 

Further Status Conference June 28, 2010 

Disclosure of witnesses, case in chief September 13, 2010 

Discovery cut-off October 11, 2010 

Plaintiff’s expert designation and reports November 8, 2010 

Defendants’ expert designation and reports November 24, 2010 

Plaintiff’s rebuttal expert designation and reports December 10, 2010 

Defendants’ rebuttal expert designation and reports December 17, 2010 

Dispositive motions to be heard January 31, 2011 

IT IS SO ORDERED. 

Dated: ______________, 2010 

 _______________________________ 

 Judge Marilyn H. Patel 

 United Stated District Court 

4/20

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cv-01880-EMC Document 76 Filed 04/21/10 Page 4 of 4