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] 

At a status conference on November 16, 2009, the Court set certain discovery deadlines 

and scheduled a further status conference for February 22, 2010. The parties submit this Joint 

Status Report and jointly request that the status conference and the discovery deadlines be 

continued for approximately 60 days. 

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 

Case 3:09-cv-01880-EMC Document 74 Filed 02/16/10 Page 1 of 4
Case No. CV 09-1880 MHP 2 JOINT STATUS REPORT AND STIPULATION

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Commission’s civil complaint. By an order dated January 29, 2010, the Court set a criminal 

Trial and Motions Setting Conference on April 19, 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 February 22, 2010 April 26, 2010 

Disclosure of witnesses, case 

in chief 

May 10, 2010 July 12, 2010 

Discovery cut-off June 7, 2010 August 9, 2010 

Plaintiff’s expert designation 

and reports 

July 5, 2010 September 6, 2010 

Defendants’ expert 

designation and reports 

July 21, 2010 September 22, 2010 

Plaintiff’s rebuttal expert 

designation and reports 

August 6, 2010 October 8, 2010 

Defendants’ rebuttal expert 

designation and reports 

August 13, 2010 October 15, 2010 

Dispositive motions to be 

heard 

September 27, 2010 November 29, 2010 

Case 3:09-cv-01880-EMC Document 74 Filed 02/16/10 Page 2 of 4
Case No. CV 09-1880 MHP 3 JOINT STATUS REPORT AND STIPULATION

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Dated: February 11, 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 

Breen Pugh & Associates 

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 74 Filed 02/16/10 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 February 22, 2010 is vacated and rescheduled 

for April 26, 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 April 26, 2010. 

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

following dates: 

Further Status Conference April 26, 2010 

Disclosure of witnesses, case in chief July 12, 2010 

Discovery cut-off August 9, 2010 

Plaintiff’s expert designation and reports September 6, 2010 

Defendants’ expert designation and reports September 22, 2010 

Plaintiff’s rebuttal expert designation and reports October 8, 2010 

Defendants’ rebuttal expert designation and reports October 15, 2010 

Dispositive motions to be heard November 29, 2010 

IT IS SO ORDERED. 

Dated: ______________, 2010 

 _______________________________ 

 Judge Marilyn H. Patel 

 United Stated District Court 

2/12

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cv-01880-EMC Document 74 Filed 02/16/10 Page 4 of 4