achieve-community-logoFollowing a scheduling conference held on August 20th, it looks like it’s going to be a long time before the SEC’s case against Achieve Community goes to trial.

Dates now scheduled are as follows:

  • Joinder of Parties/Amendment to Pleadings – October 5, 2015
  • Fact Discovery Cut-off – May 20, 2016
  • Expert Discovery Cut-off – August 19, 2016
  • Dispositive Motions Deadline – August 19, 2016
  • Parties shall designate affirmative experts on or before – June 20, 2016
  • Parties shall designate rebuttal experts on or before – July 22, 2016

Judge Blackburn has set a Trial Preparation and Final Pretrial Conference for November 18, 2016 at 1:30 p.m. and a seven day jury trial to begin on December 5, 2016 at 8:30 a.m.

Assuming there are no delays between, a December 5th trial sees us waiting sixteen months.

Of note is that Troy Barnes appears to have not participated in the scheduling, with the minutes of conference stating he was

advised that he needs to participate in good faith with parties and counsel involved in this case in the future.

Barnes had previously told the court he wanted to “do the right thing” by “do(ing) everything (he) can to move forward in helping this case.”

In related news, the SEC have also filed for an exemption to the asset freeze currently in place against Kristi Johnson (who along with Troy Barnes, are co-founders of Achieve).

The request relates to a vehicle currently in Johnson’s possession, which the agency claim ‘ is subject to the Court’s Asset Freeze Orders’.

To that end they’re asking

Ms. Johnson (be given permission) to sell her vehicle and to deposit the proceeds in the trust account of her criminal attorney.

Stay tuned…

 

Footnote: Our thanks to [email protected] for providing a copy of the minutes for the August 20th Scheduling Conference and SEC’s “MOTION to Amend/Correct/Modify” the Court’s Asset Freeze Orders.