UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION, 

Plaintiff, 

v. 

ERIC JAEGER AND JERRY A. SHANAHAN 

Defendants. 

No. 01:07-00039-SM 

JOINT MOTION TO CONTINUE TRIAL DATE 

Pursuant to Local Rules 7.2(d) and 39.2, the parties respectfully move jointly to continue 

the trial date in this action, presently set for November 14, 2012. Plaintiff U.S. Securities and 

Exchange Commission (“SEC”) and Defendant Eric Jaeger request this continuance, and further 

that the Court suspend consideration of pending motions as between Mr. Jaeger and the SEC, to 

allow the SEC an opportunity to conclude its review of a proposed settlement. The SEC and 

Defendant Jerry Shanahan request this continuance in order to allow for the completion of 

briefing and the Court’s consideration of Mr. Shanahan’s further motion for summary judgment 

filed this day in response to the four issues set forth in the Court’s September 26, 2012 Order 

denying Mr. Shanahan’s initial Motion for Summary Judgment without prejudice and inviting refiling. 

As grounds for this motion, the parties state: 

1. Trial is set to commence on November 14, 2012. Two claims remain pending 

against Mr. Jaeger: (i) Aiding and Abetting a scheme under Rule 10b-5(a) and (c) with respect 

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to three transactions (Count III); and (ii) Noncompliance with the books/records requirements 

under Rule 13b2-1with respect to one transaction (Count IV). 

2. Last week, Mr. Jaeger and trial counsel for the SEC (associated with the SEC's 

Denver Regional Office) negotiated a settlement of this matter that, if consummated, would 

resolve this matter as to Mr. Jaeger. 

3. Although the SEC’s Denver Regional Office has recommended the settlement, it 

remains subject to the review of the SEC senior staff in Washington, D.C., which the 

undersigned understands is unlikely to act on the recommendation prior to the October 30, 2012 

final pretrial conference. Thereafter, any settlement would need to be placed on the calendar of 

the Commission itself for approval and thereafter, of this Court. Accordingly, the SEC and Mr. 

Jaeger respectfully submit that it would best serve the interests of justice and promote judicial 

efficiency to defer consideration of those motions, and any trial in this matter, until the 

settlement process can run its course. 

4. The following claims remain against Mr. Shanahan: (i) Section 17(a)(1) of the 

Securities Act for the Accton and Tech Data Canada transactions; (ii) Section 17(a)(3) of the 

Securities Act for the Accton and Tech Data Canada transactions; (iii) Section 10(b) of the 

Exchange Act and Rule 10b-5(a) and (c) thereunder for the Accton and Tech Data Canada 

transactions; and (iv) Aiding and abetting a violation of Section 10(b) and Rule 10b-5(a) and (c) 

thereunder for the Accton and Tech Data Canada transactions. 

5. In its September 26, 2012 Order regarding Mr. Shanahan’s initial Motion for 

Summary Judgment, the Court invited re-filing of that motion, with supplemental briefing, to 

address four discrete issues. This day, Mr. Shanahan has filed his further Motion for Summary 

Judgment with such supplemental briefing. Accordingly, as a matter of efficiency and orderly 

disposition of this case, and to allow the Court sufficient opportunity to consider the 

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supplemental briefing requested, Mr. Shanahan and the SEC request that the Court continue the 

trial of the action between them. 

Wherefore, the parties respectfully request that the Court: 

1. Remove this matter from the November 14, 2012 trial calendar; 

2. Stay its consideration of Mr. Jaeger’s pending Motion for Summary Judgment and 

the SEC’s and Mr. Jaeger’s Motions in Limine (Docket Nos. 302, 315, 323-326, 

328-329, and 331); 

3. Order Mr. Jaeger and the SEC to update the Court on the status of the settlement 

process on or before a date to be determined by the Court; 

4. Set a briefing schedule of November 19, 2012 (LR 7.1 (b)) for the SEC’s 

Opposition to Mr. Shanahan’s further Motion for Summary Judgment, December 

3, 2012 (LR7.1(e)) for Mr. Shanahan’s Reply to the SEC’s Opposition, and a date 

to be determined by the Court for a hearing on the motion; 

5. Provide any further or additional relief as justice may require. 

 

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Respectfully submitted, 

U.S. SECURITIES AND EXCHANGE COMMISSION 

/s/ Nancy J. Gegenheimer 

Nancy J. Gegenheimer 

U.S. Securities and Exchange Commission 

1801 California Street, Suite 1500 

Denver, CO 80202 

(303) 844-1000 

gegenheimern@sec.gov 

ERIC JAEGER 

By his attorneys, 

/s/ Jonathan A. Shapiro 

Jonathan A. Shapiro 

Elizabeth H. Skey (admitted pro hac vice) 

WILMER CUTLER PICKERING HALE AND DORR LLP 

950 Page Mill Road 

Palo Alto, CA 94304 

(650) 858-6000 

Jeffrey B. Rudman (admitted pro hac vice) 

James W. Prendergast (admitted pro hac vice) 

Peter A. Spaeth (admitted pro hac vice) 

James T. Lux (admitted pro hac vice) 

WILMER CUTLER PICKERING HALE AND DORR LLP 

60 State Street 

Boston, Massachusetts 02109 

(617) 526-6000 

JERRY SHANAHAN, 

By his attorneys, 

/s/ Andrew Good____________ 

Andrew Good 

Philip G. Cormier 

Good & Cormier 

83 Atlantic Avenue 

Boston, MA 02110 

Tel. 617-523-5933 

October 19, 2012 

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CERTIFICATION PURSUANT TO LOCAL RULE 7.2(d) 

I, Jonathan A. Shapiro, hereby certify that, in accordance with Local Rule 7.2(d), on 

October 18, 2012 I notified Defendant Eric Jaeger of this request to continue the trial date 

currently set for November 14, 2012. 

/s/ Jonathan A. Shapiro 

Jonathan A. Shapiro 

CERTIFICATION PURSUANT TO LOCAL RULE 7.2(d) 

I, Andrew Good, hereby certify that, in accordance with Local Rule 7.2(d), on October 

19, 2012 I notified Defendant Jerry Shanahan of this request to continue the trial date currently 

set for November 14, 2012. 

/s/ Andrew Good 

Andrew Good 

CERTIFICATE OF SERVICE 

I, Elizabeth H. Skey, hereby certify that Defendant Eric Jaeger’s Motion to Continue, 

filed through the ECF system will be sent electronically to the registered participants as 

identified on the Notice of Electronic Filing and paper copies will be sent to those indicated as 

non-registered participants on October 19, 2012. 

/s/ Elizabeth H. Skey 

Elizabeth H. Skey 

Dated: October 19, 2012 

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