CMKM Diamonds Inc. (fka CMKX)

[dia duit]

Re: GLISSON RESPONSE to SEC EMERGENCY MOTION

http://ragingbull.quote.com/mboard/boards.cgi?board=CMKI&read=988708

By: carmelbeach
17 Jan 2011, 08:17 PM EST
Rating: Msg. 988708 of 988848
(Reply to 988701 by carmelbeach)

GLISSON RESPONSE to SEC EMERGENCY MOTION

FILED 1/10/11

http://webcache.googleusercontent.com/search?q=cache:x9JHAgMUWPoJ:www.scribd.com/doc/46698126/Marcos-Reply+%22marco+glisson%22&cd=11&hl=en&ct=clnk&gl=us&client=firefox-a

DEFENDANT GLISSON’S RESPONSE TO
PLAINTIFF’S EMERGENCY MOTION
RE: DISCOVERY MATTERS AND
DECLARATION OF COUNSEL,
ROBERT H. BRETZ
(Telephonic Participation Authorized)

Date of Hearing: January 13, 2011
Time of Hearing: 11:00 a.m.

MARCO GLISSON, through his attorney of record, responds to Plaintiff, Securities and Exchange Commission’s (“SEC”) Emergency Motion to Compel Attendance at Deposition and the Production of Documents (the “Motion”), as follows:

There is no basis, emergency or otherwise, for the Motion. The Defendant and third-party witness, Thidarat Tungswongsathong, appeared for testimony as called for by Plaintiff’s notice of deposition and subpoena, as previously agreed, on January 10, 2011 in Los Angeles,California, all documents called for by the subject notice to produce dated November 4, 2010,the subpoena dated November 1, 2010, and the Court’s Order dated October 29, 2010,[1] were
produced prior to such appearances. The depositions proceeded as scheduled, and will continue on January 11, 2011, as necessary.

[1] Order Granting Motion to Extend Time 90 days for the limited purpose of developing discovery and preserving evidence concerning Marco Glisson’s conduct in 2010.


See the accompanying Declaration of Bretz, Esq.

DATED this 10th day of January, 2012.

Respectfully submitted,
/s/:Robert H. Bretz, Esq.
Robert H. Bretz, Esq.
California Bar No. 55087578
Washington Blvd. #843
Marina del Rey, California 90292
[phone]
Attorney for Defendant


DECLARATION OF ROBERT BRETZ, ESQ.

I, ROBERT H. BRETZ, ESQ., hereby declare as follows:

1. I am attorney of record for Marco Glisson and I am otherwise competent to provide the within testimony based on my own personal knowledge.

2. On October 29, 2010, the Court granted the SEC’s motion to reopen discovery concerning Marco Glisson.

3. Thereafter, the SEC issued its notice and request for production of documents to Glisson and subpoena to Thidarat Tungswongsathong (Glisson’s wife) covering their appearances on December 10 and 11, 2010, in Fort Meyers, Florida (near where they live).

4. Prior to the Court’s October 29th Order, Glisson had timely appeared for testimony as requested by the SEC in Los Angeles on two prior occasions during the course of the investigation and legal proceedings.

5. Several days prior to the scheduled December 10 and 11th
appearance dates, I notified the SEC (herein Paris Wynn, Esq.) that Thidarat Tungswongsathong was forced to undergo(emergency) major surgery on December 8, 2010. which would naturally preclude her appearance on December 10th and that Marco Glisson wanted to attend to his wife’s medical situation requiring a continuance of the scheduled depositions and document production as a result of such medical situation.

6. Shortly thereafter, following consultation with Thidarat Tungswongsathong’s doctors,I was informed and notified the SEC that Marco Glisson and Thidarat Tungswongsathong would be able to appear for their depositions and production in Los Angeles on January 10 and 11, 2011(as they had previously offered to accommodate Los Angles based counsel for both parties).This plan was agreeable to the SEC and was confirmed by the parties in writing.

7. As requested, I provided the SEC with hospital admittance and discharge documentation evidencing Thidarat Tungswongsathong’s surgery on December 8, 2010.

8. Prior to the bringing of the SEC’s motion, I reconfirmed to the SEC that Marco Glisson and Thidarat Tungswongsathong had booked air transportation to Los Angeles for their appearances in Los Angeles on January 10 and 11, 2011, which would go forward as scheduled.

9. On December 27, 2010, I provided the SEC in excess of 250 pages of documents being produced pursuant to the notice and subpoena, and I informed the SEC at that time, and thereafter, that additional documents including e-mails would be forthcoming in advance of the appearances.

10. Prior to the appearances on January 10, 2011, I provided the SEC with an additional 350 plus pages of documents being produced by the witnesses.

11. I have no explanation as to why the SEC felt the need to initiate the instant Motion prior to the agreed upon appearances and additional/final production prior to January 10, 2011.

This Declaration is made and given under penalty of perjury. This Declaration is executed in Los Angeles County, California, on January 10, 2011

/s/: ROBERT H. BRETZ, ESQ.
ROBERT H. BRETZ, ESQ.