Case 2:11-cv-00053-KJM-KJN Document 43 Filed 12/20/13 Page 1 of 4 1 MICHAEL S. DICKE (Cal. Bar No. 158187) ROBERT L. MITCHELL (Cal.

Bar No. 161354) mitchellr@sec.gov 2 JEREMY E. PENDREY (Cal. Bar No. 187075) pendreyj@sec.gov 3 4 Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 5 44 Montgomery Street, Suite 2800 San Francisco, California 94104 6 Telephone: (415) 705-2500 Facsimile: (415) 705-2501 7 8 9 10 11 12 13 SECURITIES AND EXCHANGE COMMISSION, 14 15 v. Plaintiff, JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT Case No. 2:11-CV-00053-KJM-KJN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

16 GENDARME CAPITAL CORPORATION, IAN LAMPHERE, EZAT RAHIMI, and CASSANDRA 17 ARMENTO, 18 19 20 Defendants.

WHEREAS, on October 8, 2013, in accordance with the parties stipulation, the Court

21 vacated all previously set deadlines and ordered the parties to submit stipulated final judgments or 22 a joint status report informing the Court of the status of the settlement and proposed scheduling no 23 later than December 20, 2013. 24 WHEREAS, the Commission staff has received signed settlement offers from three of the

25 defendants, with the only other defendant, Ian Lamphere having died during the pendency of this 26 action, 27 28
JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

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JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

WHEREAS, the proposed settlements, if approved by the Commission and by this Court, would fully conclude this litigation; WHEREAS, the parties may present the three proposed settlements to the Court only after they are approved by the Commission, which can only act through a vote of its five appointed Commissioners. WHEREAS, the Commission staff has requested additional information and the Commission has not yet voted upon the proposed settlements; THEREFORE, the parties hereby stipulate and agree, and respectfully request that the Court approve and give effect to their stipulation: IT IS HEREBY STIPULATED AND AGREED THAT: (1) By no later than March 14, 2014, the parties shall submit to the Court stipulated final judgments as to all parties in this matter, or a joint status report informing the Court of the status of the settlements and proposing further pre-trial dates for this matter.

Dated: December 20, 2013 Respectfully submitted,

/s/ Robert Mitchell Robert Mitchell Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION

SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

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JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

Dated: December 20, 2013 Respectfully submitted,

/s/ Sam P. Israel Sam P. Israel (admitted pro hac vice) Sam P. Israel, P.C. 1 Liberty Plaza, 23rd Floor New York, NY 10006 Tel.: (212) 201-5345 Attorney for Defendants GENDARME CAPITAL CORPORATION, IAN LAMPHERE, EZAT RAHIMI and CASSANDRA ARMENTO

SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500

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JOINT STATUS REPORT AND [PROPOSED] STIPULATED ORDER TO RESET DATES PENDING SETTLEMENT SEC v. GENDARME CAPITAL CORP, ET AL. CASE NO. 2:11-CV-00053-KJM-KJN

ORDER This matter came before the Court on the joint motion of plaintiff Securities and Exchange Commission and defendants Gendarme Capital Corporation, Ezat Rahimi, Ian Lamphere and Cassandra Armento to Reset Dates Pending Settlement. Upon due consideration of said motion, and based on the stipulation of the parties, IT IS HEREBY ORDERED THAT: (1) By no later than March 14, 2014, the parties shall submit to the Court stipulated final judgments as to all parties in this matter, or a joint status report informing the Court of the status of the settlements and proposing further pre-trial dates for this matter.

DATED: _________________

________________________________ Honorable Kimberly J. Mueller United States District Judge

SECURITIES AND EXCHANGE COMMISSION 44 MONTGOMERY STREET, SUITE 2600 SAN FRANCISCO, CA 94104 (415) 705-2500