Securities And Exchange Commission v. Heinen et al

Plaintiff Securities and Exchange Commission alleged that defendant Nancy R. Heinen caused Apple to issue stock options that were backdated and altered company records to conceal the fraud, and that defendant Fred D. Anderson should have noticed Heinen's efforts but failed to take steps to ensure that Apple's financial statements were correct. The SEC further alleged that defendants personally benefited from the backdating and received several million dollars in unreported compensation as a result of the backdated options.
Plaintiff:Securities And Exchange Commission
Defendant:Nancy Heinen and Fred Anderson
Objector:Wendy Howell
 
Case Number:5:2007cv02214
Filed:April 24, 2007
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:San Francisco
Presiding Judge:Hon. Jeremy Fogel
Presiding Judge:Magistrate Judge Howard R. Lloyd
Referring Judge:Magistrate Judge Howard R. Lloyd
 
Nature of Suit:Other Statutes - Securities/Commodities/Exchanges
Cause:15:78m(a) Securities Exchange Act
Jurisdiction:U.S. Government Plaintiff
Jury Demanded By:Defendant
Date Filed # Docket Text
April 24, 2007 1 COMPLAINT against all defendants. Filed by Securities And Exchange Commission. (Fee Waived) (bw, COURT STAFF) (Filed on 4/24/2007) Additional attachment(s) added on 4/26/2007 (bw, COURT STAFF). (Entered: April 26, 2007)
April 24, 2007 2 Consent of Fred D. Anderson to Entry of Final Judgment by Securities And Exchange Commission (bw, COURT STAFF) (Filed on 4/24/2007) Additional attachment(s) added on 4/26/2007 (bw, COURT STAFF). (Entered: April 26, 2007)
April 24, 2007 Received (Proposed) Final Judgment as to Fred D. Anderson by Securities And Exchange Commission. (bw, COURT STAFF) (Filed on 4/24/2007) (Entered: April 26, 2007)
April 24, 2007 3 ADR SCHEDULING ORDER: Case Management Statement due by 7/24/2007. Case Management Conference set for 7/31/2007 01:30 PM. (bw, COURT STAFF) (Filed on 4/24/2007) Additional attachment(s) added on 4/26/2007 (bw, COURT STAFF). (Entered: April 26, 2007)
April 24, 2007 Summons Issued as to Nancy Heinen, Fred Anderson. (bw, COURT STAFF) (Filed on 4/24/2007) (Entered: April 26, 2007)
April 24, 2007 CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/24/2007) (Entered: April 26, 2007)
April 27, 2007 4 Proof of Service of Summons and Complaint ( 1 ) by Securities And Exchange Commission on Nancy R. Heinen (Mitchell, Robert) (Filed on 4/27/2007) Modified on 4/30/2007 (bw, COURT STAFF). (Entered: April 27, 2007)
May 1, 2007 5 Declination to Proceed Before a U.S. Magistrate Judge by Securities And Exchange Commission. (Attachments: # 1 Certificate of Service)(Mitchell, Robert) (Filed on 5/1/2007) (Entered: May 1, 2007)
May 2, 2007 6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 5/2/2007) (Entered: May 2, 2007)
May 2, 2007 7 ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedings and Magistrate Howard R. Lloyd remains the Referral Judge for this case. Signed by the Executive Committee on 5/2/07. (srm, COURT STAFF) (Filed on 5/2/2007) (Entered: May 2, 2007)
May 3, 2007 8 NOTICE of Appearance by Miles F. Ehrlich (Ehrlich, Miles) (Filed on 5/3/2007) (Entered: May 3, 2007)
May 4, 2007 9 FINAL JUDGMENT in favor of Securitites and Exchange Commission against Fred D. Anderson. Signed by Judge Jeremy Fogel on 5/4/2007. (gm, COURT STAFF) (Filed on 5/4/2007) (Entered: 05/07/2007)
May 8, 2007 10 STIPULATION by Nancy Heinen. (Ehrlich, Miles) (Filed on 5/8/2007) (Entered: May 8, 2007)
May 16, 2007 11 AMENDED COMPLAINT against all defendants. Filed bySecurities And Exchange Commission. (Mitchell, Robert) (Filed on 5/16/2007) (Entered: May 16, 2007)
May 31, 2007 12 ANSWER of Defendant Nancy R. Heinen to Plaintiff's Amended Complaint by Nancy Heinen. (Ehrlich, Miles) (Filed on 5/31/2007) Modified on 5/31/2007 (bw, COURT STAFF). (Entered: May 31, 2007)
July 11, 2007 13 CLERK'S NOTICE Case Management Conference rescheduled for 9/7/2007 10:30 AM. Case Management Statement due by 8/20/2007. (jfsec, COURT STAFF) (Filed on 7/11/2007) (Entered: July 11, 2007)
July 13, 2007 14 ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Ehrlich, Miles) (Filed on 7/13/2007) (Entered: July 13, 2007)
July 13, 2007 15 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Ehrlich, Miles) (Filed on 7/13/2007) (Entered: July 13, 2007)
August 27, 2007 16 Certificate of Interested Entities by Mark Philip Fickes Certificate of Non-party Interested Entities or Persons (Fickes, Mark) (Filed on 8/27/2007) (Entered: August 27, 2007)
August 28, 2007 17 ADR Clerks Notice Setting ADR Phone Conference on 9/5/07 at 3:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 8/28/2007) (Entered: August 28, 2007)
August 30, 2007 18 Certificate of Interested Entities by Miles F. Ehrlich (Ehrlich, Miles) (Filed on 8/30/2007) (Entered: August 30, 2007)
August 31, 2007 19 JOINT CASE MANAGEMENT STATEMENT filed by Securities And Exchange Commission. (Fickes, Mark) (Filed on 8/31/2007) (Entered: August 31, 2007)
September 5, 2007 ADR Remark: ADR Phone Conference conducted on 9/5/07 by HAH. (tjs, COURT STAFF) (Filed on 9/5/2007) (Entered: September 5, 2007)
September 7, 2007 20 Minute Entry: Initial Case Management Conference held on 9/7/2007 before Judge Jeremy Fogel (Date Filed: 9/7/2007). Further Case Management Conference set for 3/14/2008 10:30 AM. (Court Reporter Raynee Mercado.) (dlm, COURT STAFF) (Date Filed: 9/7/2007) (Entered: September 11, 2007)
November 2, 2007 21 First MOTION to Quash filed by Wendy Howell. Motion Hearing set for 12/11/2007 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Holland, Erin) (Filed on 11/2/2007) (Entered: November 2, 2007)
November 2, 2007 22 Proposed Order ORDER GRANTING NON-PARTY WENDY HOWELLS 21 MOTION TO QUASH SUBPOENAS by Wendy Howell. (Attachments: # 1 Exhibit EXHIBIT A)(Holland, Erin) (Filed on 11/2/2007) Modified on 11/5/2007 (gm, COURT STAFF). (Entered: November 2, 2007)
November 2, 2007 23 Declaration of ERIN HOLLAND IN SUPPORT OF 21 MOTION TO QUASH OR IN THE ALTERNATIVE, FOR ISSUANCE OF A PROTECTIVE ORDER filed byWendy Howell. (Holland, Erin) (Filed on 11/2/2007) Modified on 11/5/2007 (gm, COURT STAFF). Modified on 11/6/2007 (sp, COURT STAFF). (Entered: November 2, 2007)
November 5, 2007 24 STIPULATION Stipulated Protective Order by Securities And Exchange Commission. (Attachments: # 1 Exhibit Exhibit A to Stipulated Protective Order# 2 Exhibit Exhibit B to Stilulated Protective Order)(Fickes, Mark) (Filed on 11/5/2007) (Entered: 11/05/2007)
November 13, 2007 25 STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 11/13/2007. (hrllc2, COURT STAFF) (Filed on 11/13/2007) (Entered: November 13, 2007)
November 14, 2007 26 STIPULATION to Continue Motion Hearing until 12/18/07 by Nancy Heinen. (Ehrlich, Miles) (Filed on 11/14/2007) (Entered: November 14, 2007)
November 15, 2007 27 STIPULATION AND ORDER Continuing Filing Deadlines and Hearing Date. Defendant's opposition to motion to quash due by 11/27/2007. Non-party Howell's reply due by 12/4/2007. Motion hearing set for 12/18/2007, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 11/15/2007. (hrllc2, COURT STAFF) (Filed on 11/15/2007) (Entered: November 15, 2007)
November 20, 2007 28 STIPULATION and [Proposed] Order Continuing Hearing on Motion to Quash by Nancy Heinen. (Ehrlich, Miles) (Filed on 11/20/2007) (Entered: November 20, 2007)
November 26, 2007 29 STIPULATION AND ORDER Continuing Filing Deadlines and Hearing Date. Defendant's opposition brief due by 12/10/2007. Non-party Howell's reply due by 12/21/2007. Motion hearing on motion to motion to quash continued to 1/15/2008, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 11/26/2007. (hrllc2, COURT STAFF) (Filed on 11/26/2007) (Entered: November 26, 2007)
December 10, 2007 30 Proposed Order Joint Stipulation Regarding Non-Party Howell's 21 Motion to Quash by Wendy Howell. (Holland, Erin) (Filed on 12/10/2007) Modified on 12/11/2007 (gm, COURT STAFF). (Entered: December 10, 2007)
December 12, 2007 31 STIPULATION AND ORDER re Non-Party Wendy Howell's Motion to Quash. Motion hearing set for 1/15/2008 vacated. Signed by Magistrate Judge Howard R. Lloyd on 12/12/2007. (hrllc2, COURT STAFF) (Filed on 12/12/2007) (Entered: December 12, 2007)
January 4, 2008 32 STIPULATION Governing Documents Produced by KPMG LLP by Nancy Heinen. (Ehrlich, Miles) (Filed on 1/4/2008) (Entered: January 4, 2008)
January 24, 2008 33 STIPULATION Governing Howell Documents by Nancy Heinen. (Ehrlich, Miles) (Filed on 1/24/2008) (Entered: January 24, 2008)
March 4, 2008 34 CASE MANAGEMENT STATEMENT Second Joint Case Management Statement filed by Securities And Exchange Commission. (Mitchell, Robert) (Filed on 3/4/2008) (Entered: March 4, 2008)
March 14, 2008 35 Minute Entry: Further Case Management Conference held on 3/14/2008 before Judge Jeremy Fogel (Date Filed: 3/14/2008). Further Case Management Conference set for 6/13/2008 10:30 AM. Jury Selection set for 4/3/2009 01:30PM. Pretrial Conference set for 3/20/2009 11:00 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 3/14/2008) (Entered: March 14, 2008)
March 26, 2008 36 STIPULATION and Proposed Scheduling Order by Securities And Exchange Commission. (Fickes, Mark) (Filed on 3/26/2008) (Entered: March 26, 2008)
April 1, 2008 37 ORDER GRANTING re 36 Stipulation and Scheduling Order. Signed by Judge Jeremy Fogel on 3/27/08. (dlm, COURT STAFF) (Filed on 4/1/2008) (Entered: April 1, 2008)
June 4, 2008 38 JOINT CASE MANAGEMENT STATEMENT THIRD AND [PROPOSED] ORDER filed by Securities And Exchange Commission. (Mitchell, Robert) (Filed on 6/4/2008) (Entered: June 4, 2008)
June 23, 2008 39 CLERK'S NOTICE Case Management Conference set for 8/15/2008 10:30 AM. (dlm, COURT STAFF) (Filed on 6/23/2008) (Entered: June 23, 2008)
Docket Report Last Checked: July 17, 2008 09:49:29 PDT
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Plaintiff: Securities And Exchange Commission
Represented By: Sheila Ellen O'Callaghan, Mark Philip Fickes, Robert L. Mitchell, Marc J. Fagel, Sahil Wesley Desai
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Defendant: Nancy Heinen
Represented By: Ismail Jomo Ramsey, Miles F. Ehrlich
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Defendant: Fred Anderson
Represented By: Jerome Cary Roth
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Objector: Wendy Howell
Represented By: Erin Jane Holland
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