***MARCO GLISSON Defendant***
By nufced
Glisson Case/SEC filing Jan 24 2011
« Thread Started Yesterday at 21:59 »
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Case 2:09-cv-00104-LDG-GWF Document 50 Filed 01/24/11 Page 1 of 6
1 MOLLY M. WHITE, Cal Bar No. 171448
E-mail: whitem@sec.gov
2 PARIS A. WYNN, Cal. Bar No. 224428
E-mail: wynnp@sec.gov
3
Attorneys for Plaintiff
4 Securities and Exchange Commission
Rosalind R. Tyson, Regional Director
5 Michele Wein Layne, Associate Regional Director
John M. McCoy III, Associate Regional Director
6 5670 Wilshire Boulevard, 11th Floor
Los Angeles, California 90036
7 Telephone: (323) 965-3998
Facsimile: (323) 965-3908
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
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SECURITIES AND EXCHANGE Case No. 2:09-cv-00104-LDG-GWF
12
COMMISSION,
13
Plaintiff,
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vs.
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MARCO GLISSON,
16
Defendant.
PLAINTIFF’S EMERGENCY MOTION TO EXTEND OR CLARIFY THE
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DISCOVERY CUT-OFF
1 Pursuant to LR 26-4 and 26-7, Plaintiff Securities and Exchange
2 Commission (“Commission”) hereby moves, on an emergency basis, for an order
3 extending the discovery cut-off—which is currently set for January 26, 2011—to
4 February 21, 2011, for the specific and limited purpose of allowing the
5 Commission to obtain third-party discovery from three banks that were identified
6 by Defendant Marco Glisson and Thidarat Tungwongsathong (Glisson’s wife)
7 during their recent depositions, which after a month of delay, finally took place on
8 January 10 and 11, 2011, respectively.1 On January 24, 2011, the Commission
9 served a total of six subpoenas—which call for the production of documents by
10 February 14, 2011—upon the banks identified by Glisson and Tungwongsathong
11 during their recent depositions.2
12 In the alternative, the Commission requests that the Court clarify that, as
13 long as the Commission propounded its third-party discovery prior to the January
14 26, 2011 discovery cut-off, such discovery would be appropriate even the though
15 the requested documents would not actually be produced until after the January 26,
16 2011 discovery cut-off.
17 Upon motion of the Commission, on October 29, 2010, the Court re-opened
18 discovery and set a January 26, 2011 discovery cut-off. Immediately after the
19 Court’s Order, the Commission began to propound discovery in order to obtain
20
21 1 Both depositions were originally noticed to take place on December 10 and 11,
22 2010. However, due to numerous and unjustified delays on the part of Glisson and
Tungwongsathong—which the Commission describes in detail in its recent motion
23 to compel (see docket no.41-1)—the depositions were delayed for approximately
24 30 days, thus delaying the Commission’s efforts to pursue additional discovery.
25 2 Although all six of the subpoenas call for the production of documents by
February 14, 2011, the Commission is seeking an extension of the discovery cut-
26 off until February 21, 2011 to account for unforeseen delays on the part of the
pertinent banks.
Case 2:09-cv-00104-LDG-GWF Document 50 Filed 01/24/11 Page 3 of 6
1 evidence supporting its claims. On November 1, 2010, the Commission served a
2 deposition notice upon Glisson, which required him to give deposition testimony
3 on December 10, 2010 in Ft. Meyers, Florida. On November 2, 2010, the
4 Commission served Glisson with its First Request for The Production of
5 Documents, which required Glisson to produce the requested documents to the
6 Commission on December 4, 2010. On November 12, 2010, the Commission
7 served a subpoena upon Tungwongsathong, which required her to provide
8 documents and deposition testimony on December 9, 2010, in Ft. Meyers, Florida.
9 After over a month of delay, Glisson and Tunwongsathong finally appeared for
10 deposition testimony on January 10 and 11, 2011. During the depositions, both
11 deponents—for the first time—identified several banks where they hold accounts.
12 Upon information and belief, these accounts contain proceeds realized in
13 connection with 2010 sales of unregistered shares of CMKM securities, and thus
14 directly relate to the Commission’s claims.
15 Therefore, on January 24, 2011, the Commission served subpoenas upon the
16 banks identified by Glisson and Tungwongsathong during their recent depositions,
17 which request documents associated with the pertinent bank accounts.
18 Specifically, on January 24, 2011, the Commission served a total of six subpoenas
19 on three banks. However, due to the amount of time necessary to gather and
20 produce the relevant documents—as well as timing constraints associated with the
21 Right to Financial Privacy Act—the documents will not be produced by the
22 applicable banks until on or around February 14, 2011, which is after the January
23 26, 2011 discovery cut-off.
24 This motion is based on this Emergency Motion, the Memorandum of Points
25 and Authorities Supporting the Emergency Motion, the Declaration of Paris A.
26
Case 2:09-cv-00104-LDG-GWF Document 50 Filed 01/24/11 Page 4 of 6
1 Wynn Supporting the Emergency Motion, and all other information in the record
2 that the Court deems relevant.
3
4 Date: January 24, 2011 Respectfully submitted,
5
6 /s/ Paris A. Wynn
Paris A. Wynn
7 Attorney for Plaintiff
Securities and Exchange Commission
8 2
