sec reply deli 2-10-11 show_temp[1]

8/7/2019 SEC Reply Deli 2-10-11 Show_temp[1]

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MOLLY M. WHITE, Cal Bar No. 171448E-mail: [email protected] A. WYNN, Cal. Bar No. 224428E-mail: [email protected]

Attorneys for PlaintiffSecurities and Exchange CommissionRosalind R. Tyson, Regional DirectorMichele Wein Layne, Associate Regional DirectorJohn M. McCoy III, Associate Regional Director5670 Wilshire Boulevard, 11th FloorLos Angeles, California 90036Telephone: (323) 965-3998Facsimile: (323) 965-3908

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

SECURITIES AND EXCHANGECOMMISSION,

Plaintiff,

vs.

MARCO GLISSON,

Defendant.

Case No. 2:09-cv-00104-LDG-GWF

PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS

MOTION FOR CONTINUANCE OF DATE FOR FILING JOINT

PRETRIAL ORDER

Case 2:09-cv-00104-LDG-GWF Document 60 Filed 02/10/11 Page 1 of 5


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Scheduling Order set a deadline for amending the pleadings of June 11, 2009.

However, neither the Court nor the Commission could foresee that Glisson wouldengage in substantially similar activity in 2010 as that alleged to have occurred in

2005- 2007. Moreover, Glisson apparently tried to conceal his actions in 2010 by

conducting transactions under his wifes name. This new information may provide

a basis for the Court to consider a motion by the Commission to amend the

pleadings to add the 2010 conduct and Glissons wife as a defendant. The Court

may consider, given Glissons conduct in 2010 in conducting transactions under

his wifes name, that she should be added as a defendant so that the Court may

grant effective relief that protects the public interest. The Commission simply

seeks additional time to evaluate whether to seek such relief from the Court. In

order to conserve resources, the Commission seeks to avoid filing a Joint Pretrial

Order that may be superseded by other events in this litigation.

Finally, by this motion, the Commission is not seeking to delay a trial on the

merits in any way. In view of defendant Glissons continued and repeated conduct

in brokering and selling shares of the admittedly defunct CMKM Diamonds, Inc.

as recently as in 2010 after Glisson assured the Court in 2009 that he was done

dealing CMKM shares, the Commission is also interested in a prompt resolution of

this matter. The requested relief continuing the date for the Joint Pretrial Order

should not delay the trial in any way.

Date: February 9, 2011 Respectfully submitted,

/s/ Paris A. WynnParis A. WynnAttorney for PlaintiffSecurities and Exchange Commission



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PROOF OF SERVICE

I am over the age of 18 years and not a party to this action. My business address is:

[X] U.S. SECURITIES AND EXCHANGE COMMISSION, 5670 WilshireBoulevard, 11th Floor, Los Angeles, California 90036-3648Telephone No. (323) 965-3998; Facsimile No. (323) 965-3908.

On February 10, 2011, I caused to be served the document entitled PLAINTIFFSREPLY MEMORANDUM IN SUPPORT OF PLAINTIFFSMOTION FORCONTINUANCE OF DATE FOR FILING JOINT PRETRIAL ORDERon allthe parties to this action addressed as stated on the attached service list:

[ ] OFFICE MAIL: By placing in sealed envelope(s), which I placed forcollection and mailing today following ordinary business practices. I amreadily familiar with this agencys practice for collection and processing of

correspondence for mailing; such correspondence would be deposited withthe U.S. Postal Service on the same day in the ordinary course of business.

[ ] PERSONAL DEPOSIT IN MAIL: By placing in sealedenvelope(s), which I personally deposited with the U.S. Postal Service.Each such envelope was deposited with the U.S. Postal Service at LosAngeles, California, with first class postage thereon fully prepaid.

[ ] EXPRESS U.S. MAIL: Each such envelope was deposited in afacility regularly maintained at the U.S. Postal Service for receipt ofExpress Mail at Los Angeles, California, with Express Mail postagepaid.

[ ] HAND DELIVERY: I caused to be hand delivered each such envelope tothe office of the addressee as stated on the attached service list.

[ ] UNITED PARCEL SERVICE: By placing in sealed envelope(s)designated by United Parcel Service (UPS) with delivery fees paid orprovided for, which I deposited in a facility regularly maintained by UPS ordelivered to a UPS courier, at Los Angeles, California.

[ ] ELECTRONIC MAIL: By transmitting the document by electronic mailto the electronic mail address as stated on the attached service list.

[X] E-FILING: By causing the document to be electronically filed via the

Courts CM/ECF system, which effects electronic service on counsel whoare registered with the CM/ECF system.

[ ] FAX: By transmitting the document by facsimile transmission. Thetransmission was reported as complete and without error.

I declare under penalty of perjury that the foregoing is true and correct.

Date: February 10, 2011 /s/ Paris A. WynnParis A. Wynn



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SEC v. MARCO GLISSONUnited States District Court - District of Nevada

Case No. 2:09-cv-00104-LDG-GWF(LA-3028)

SERVICE LIST

Robert H. Bretz, Esq. (served via CM/ECF only)578 Washington Boulevard, Suite 843Marina del Rey, CA 90292Email: [email protected]

Attorney for Marco Glisson


sec reply deli 2-10-11 show_temp[1]

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