Request to Continue Motion for Summary Judgment

Case No. 09-cv-1880 EMC 

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ISMAIL RAMSEY (Bar No. 189820)

izzy@ramsey-ehrlich.com

KATHARINE KATES (Bar No. 155534)

katharine@ramsey-ehrlich.com

RAMSEY & EHRLICH LLP

803 Hearst Avenue

Berkeley, CA 94710

(510) 548-3600 (Tel)

(510) 291-3060 (Fax)

Attorneys for Defendant Mounir Fayez Kara (Michael Kara)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

SECURITIES AND EXCHANGE 

COMMISSION,

Plaintiff,

vs.

MOUNIR FAYEZ KARA,

(also known as Michael F. Kara)

Defendant

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Case No.: 09-cv-1880 EMC

STIPULATION AND [PROPOSED] 

ORDER TO CONTINUE MOTION 

FOR SUMMARY JUDGMENT 

Case 3:09-cv-01880-EMC Document 151 Filed 10/26/15 Page 1 of 4
Request to Continue Motion for Summary Judgment

Case No. 09-cv-1880 EMC 

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On August 27, 2015, this Court ordered Plaintiff Securities and Exchange 

Commission (“Commission”) to file a Motion for Summary Judgment by October 29, 

2015, with Defendant Mounir (Michael) Kara to file an opposition on November 19, 

2015. The reply is due on December 3, 2015, and the hearing is set for December 17, 

2015 at 1:30 p.m.; a further Case Management Conference was scheduled for the same 

date and time . An updated Case Management Statement was ordered to be filed by 

December 10, 2015(Docket No. 148).

Defense counsel, Ismail Ramsey (appointed as CJA counsel) and Katharine Kates, 

are starting a six-week criminal ERISA fraud trial before the Honorable Yvonne 

Gonzalez Rogers of this Court on October 30, 2015, USA v. Benson, Case No. 4:12-cr00480-YGR. In connection with the case, defense counsel have also commenced a 

Kastigar hearing before Judge Cousins on October 20, which is continuing daily. 

Due to the time commitment necessary to adequately prepare for and participate in 

the trial and the related evidentiary hearing, it would not also be possible for defense 

counsel to respond to a motion for summary judgement on the current schedule. Defense 

counsel has therefore requested that the Commission stipulate to a request that the Court 

continue the Briefing Schedule and Hearing for the Motion for Summary Judgment. In 

view of the reasons presented by defense counsel, the Commission does not oppose this 

request. 

Therefore, the parties hereby stipulate and request that the Court set a new hearing 

date and briefing schedule as follows:

 December 21, 2015 : Plaintiff’s Motion for Summary Judgment to be filed

 January 6, 2016: Defendant’s Opposition to Motion for Summary Judgment to be 

filed

 January 21, 2016: Plaintiff’s Reply to be filed

 January 28, 2016: Updated Case Management Statement to be filed

Case 3:09-cv-01880-EMC Document 151 Filed 10/26/15 Page 2 of 4
Request to Continue Motion for Summary Judgment

Case No. 09-cv-1880 EMC 

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 February 4, 2016: Hearing on Plaintiff’s Motion for Summary Judgment/ Further 

Case Management Conference at 1:30 pm

Dated: October 21, 2015 Respectfully Submitted,

RAMSEY & EHRLICH LLP

//s//

ISMAIL J. RAMSEY

ATTORNEY FOR MOUNIR KARA

GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED. 

Dated:

___________________________________

THE HONORABLE EDWARD M. CHEN

UNITED STATES DISTRICT JUDGE

October 26, 2015

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Edward M. Chen

Case 3:09-cv-01880-EMC Document 151 Filed 10/26/15 Page 3 of 4
Request to Continue Motion for Summary Judgment

Case No. 09-cv-1880 EMC 

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Case 3:09-cv-01880-EMC Document 151 Filed 10/26/15 Page 4 of 4