Bioelectronics Corp (BIEL)

[Det_Robert_Thorne]

Hearing continued until Sept 19. Prehearing unchanged

A joint motion for a continuance was filed on Sept 2, and today an Order Granting Joint Motion for Continuance of the Hearing Date was issued. The Prehearing will be tomorrow, Sept 7, as planned, while the hearing itself will be rescheduled for Sept 19, pushing it out a week.

Here's the main portion of the document. Notice item #3 that follows the schedule:

On September 2, 2016, the parties, except for Robert P. Bedwell, CPA, submitted a joint motion for continuance of the hearing date. In light of the factors recited in Rule 161 regarding extensions of time, the parties have shown good cause for the extension. See 17 C.F.R. § 201.161(b)(1). The motion is therefore GRANTED, and the following amended prehearing schedule is established:

September 7, 2016: A final telephonic prehearing conference shall be held at 2:00 p.m. Eastern.

September 7, 2016: The parties shall file stipulations, if any.

September 9, 2016: The parties shall exchange, but not file, pre-marked (DX/RX) exhibits.

September 14, 2016: The parties shall exchange and file rebuttal expert reports

September 19, 2016: The hearing shall commence at 9:30 a.m. Eastern

Some additional matters merit discussion:

1. The hearing location for the week of September 19 - 23, 2016, is now Commission headquarters, Hearing Room 2, 100 F Street NE, Washington, D. C. 20549. The location for any hearing dates thereafter will be discussed at the prehearing conference on September 7, 2016.

2. I am pleased that the parties have reached agreement on a modified hearing and prehearing schedule. I expect the parties to continue to confer and cooperate, so there is no need at present to set a more detailed prehearing schedule covering, for example, exchange of demonstrative exhibits.

3. I have read the parties’ expert reports. For reasons to be discussed at the prehearing conference on September 7, 2016, I do not intend to place any weight on the reports of Richard Staelin, Richard Cutler, and David Robinson. I understand Professor Staelin is expected to testify as a fact witness. However, Respondents need not bring Mr. Cutler or Professor Robinson to the hearing for testimony, and the Division need not prepare any rebuttal expert reports or expert cross-examination as to those three witnesses. [emphasis added]

https://www.sec.gov/alj/aljorders/2016/ap-4021.pdf