Case 3:12-cv-01068-RNC Document 28 Filed 02/27/13 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) ) ) )

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JERRY S. WILLIAMS, MONKS DEN, LLC, and FIRST IN AWARENESS, LLC, Defendants.

No. 3:12-cv-01068-RNC

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION TO EXTEND DISCOVERY PERIOD BY NINETY DAYS FROM DEFENDANT WILLIAMS DEADLINE TO PRODUCE DISCLOSURES AND INTERROGATORY ANSWERS Plaintiff Securities and Exchange Commission (Commission) hereby requests that this Court extend the current discovery period, and all subsequent deadlines, 1 ninety (90) days from the date by which the Court orders defendant Williams to serve his initial disclosures and answers to the Commissions interrogatories. In support of this motion, the Commission states as follows: 1. 2. The Commission filed its Complaint in this matter on July 20, 2012. On September 14, 2012, after a thirty-day extension, defendant Williams filed his

answer. (ECF 11-13.) 3. On October 15, 2012, the parties filed their joint Rule 26(f) statement and

discovery plan. (ECF 15.) 4. On December 12, 2012, the parties appeared before Magistrate Judge Martinez by

teleconference for their Rule 26 planning conference. (ECF 21-22)

These subsequent deadlines would include: the summary judgment deadline, the pretrial brief deadline, and the trial ready date.

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5.

On December 13, 2012, Magistrate Judge Martinez issued the following pretrial

schedule: All discovery must be completed (not propounded) by 3/8/2013, any request for a prefiling conference must be made by 1/31/2013, the parties trial brief due by 5/24/2013 and the case will be considered trial ready as of June 2013. (ECF 23) 6. On January 30, 2013, the Commission filed a letter requesting a pre-filing

conference for the purpose of establishing a schedule for the Commissions filing of a summary judgment motion. On February 4, 2013, the Court issued a minute order stating that the Plaintiff may file their Motion for Summary Judgment on or before 4/26/13 without a prefiling conference. (ECF 24) 7. As set forth in the Commissions accompanying Motion to Compel and for

Sanctions Against Defendant Williams, Mr. Williams has thus far failed to provide any initial disclosures or any answers to written discovery. 8. Defendant Williams initial disclosures were due 15 days after the parties Rule

26 conference, which was held on December 11, 2012. He has so far failed to produce these disclosures. 9. In addition, on December 18, 2013, the Commission served Williams with written

discovery, including interrogatories, document requests, and a set of requests for admission. Despite repeated requests for completion, defendant Williams has not provided written answers to these discovery requests. 10. A decision whether to extend the discovery period rests within the sound

discretion of the Court. See SEC v. Rajaratnam, 622 F.3d 159, (2d Cir. 2010) (noting discovery rulings reviewed for abuse of discretion); Werbungs Und Commerz Austalt v. Collectors Guild, Ltd., 930 F.2d 1021, 1028 (2d Cir. 1991) (noting district courts discretion to extend discovery

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period for further discovery on damages). Here, the Commission proposes to extend the discovery period for a limited time, ninety days, in order to obtain limited discovery goals. First, the Commission seeks to obtain Williams initial disclosures and his answers the Commissions interrogatories, as set forth in the accompanying Motion to Compel and for Sanctions. Second, based on defendant Williams disclosures and interrogatory answers (and other matters collected by the Commission), the Commission would then seek to take the deposition of Williams and one or two other persons affiliated with defendant Williams. The Commission may then also subpoena further third-party discovery. 2 With the Courts assistance in compelling defendant Williams disclosures and interrogatory answers, the Commission believes it can thereafter complete its limited discovery goals within ninety days. WHEREFORE, the Commission respectfully requests that this Court extend the current discovery period, and all subsequent deadlines, 3 by ninety days from the date by which the Court orders defendant Williams to serve initial disclosures and his answers to the Commissions interrogatories.

Respectfully submitted, SECURITIES AND EXCHANGE COMISSION, By its attorney,

/s/ R.M. Harper II Richard M. Harper II (PHV #05528) Senior Trial Counsel U.S. Securities and Exchange Commission 33 Arch Street, 23rd Floor Boston, Massachusetts 02110
2 3

The Commission has already collected third-party discovery from over fourteen persons or entities.

These subsequent deadlines would include: the summary judgment deadline, the pretrial brief deadline, and the trial ready date.

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(617) 573-8979 (Harper) (617) 573-4590 (Facsimile) HarperR@sec.gov September 27, 2012

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CERTIFICATE OF SERVICE I hereby certify that on September 27, 2012, I served the foregoing document on following unrepresented parties by First Class Mail: Jerry S. Williams 3123 North 82nd Way Mesa, Arizona 85207

/s R.M. Harper II Richard M. Harper II