Case 6:09-cv-01963-JA-GJK Document 205 Filed 01/11/13 Page 1 of 5 PageID 7052

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION U.S. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. BIG APPLE CONSULTING USA, INC., MJMM INVESTMENTS, LLC, MARC JABLON, MATTHEW MAGUIRE, MARK C. KALEY, and KEITH JABLON, Defendants. ____________________________________/ UNOPPOSED MOTION BY BIG APPLE CONSULTING USA, INC., MJMM INVESTMENTS, LLC, AND MARC JABLON FOR CONTINUANCE OF EVIDENTIARY HEARING SCHEDULED FOR FEBRUARY 28, 2013 Pursuant to M.D. Fla. L.R. 3.01 and 3.09, Defendants Big Apple Consulting, USA, Inc. (Big Apple), MJMM Investments, LLC (MJMM), and Marc Jablon (Mr. Marc Jablon) (collectively, the Big Apple Defendants), by and through their undersigned counsel, hereby move, with no opposition from the Plaintiff Securities and Exchange Commission (SEC), for an Order continuing the evidentiary hearing presently scheduled for February 28, 2013 and, in support thereof, state as follows: I. 1. EVIDENTIARY HEARING ON REMEDY PORTION OF TRIAL On motion by the Plaintiff SEC, the Court entered an Order [DE 203] on

Case No. 6:09-cv-1963-Orl-28GJK

November 21, 2012 re-opening discovery for a period of 60 days to obtain evidence

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relevant to the remedies issue . . . and scheduled an evidentiary hearing on the remedies portion of the trial for April 18, 2013. (The Court had earlier indicated, at a hearing on November 19, 2012, that it would devote an entire day to hearing the evidence related to remedies presented by the parties. See Minute Entry, DE 202. 2. Accordingly, counsel for the SEC and the Big Apple Defendants reserved the

day of April 18, 2013 on their calendars for the evidentiary hearing. 3. On December 27, 2012, the Court entered a subsequent Order rescheduling

the evidentiary hearing for February 28, 2013. II. 4. CRIMINAL TRIAL SCHEDULING CONFLICT The undersigned counsel for the Big Apple Defendants also represents

Defendant Scott A. Haire in the criminal action captioned United States of America v. Scott Haire and Douglas Martin, Case No. 12-60133-CR-WILLIAMS (S.D. Fla.) (the Haire Criminal Case). 5. The Haire Criminal Case has been set down for trial during the two-week

period commencing on February 25, 2013, Haire Docket Entry, DE 52, attached hereto as Exhibit A. 6. Consequently, the undersigned counsel for the Big Apple Defendants has a

direct scheduling conflict with the evidentiary hearing scheduled for February 28, 2012 in the present matter.

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WHEREFORE, the Big Apple Defendants, by and through their undersigned counsel, respectfully request, without opposition from the SEC, that the Court grant this Motion and reschedule the evidentiary hearing presently set for February 28, 2013 to a date on or after March 15, 2013 and enter such other and further relief as the Court deems just and proper. CERTIFICATION PURSUANT TO M.D. FLA. L.R. 3.01(g) I HEREBY CERTIFY that the undersigned has conferred with Jeffery T. Infelise, Esq., counsel for the SEC, in a good faith effort to resolve the issues raised in this motion and Mr. Infelise stated that the SEC does not oppose the relief sought herein. CERTIFICATION PURSUANT TO M.D. FLA. L.R. 3.09(d) By signature below, counsel for the Big Apple Defendants certifies that they have been informed of this Motion and have consented to it. Dated: January 10, 2013 Respectfully submitted, s/ Carl F. Schoeppl, Esq. Carl F. Schoeppl, Trial Counsel Florida Bar No. 818518 Counsel for Defendants Big Apple Consulting USA, Inc.; MJMM Investments LLC; and Marc Jablon

SCHOEPPL & BURKE, P.A.

4651 North Federal Highway Boca Raton, Florida 33431-5133 Telephone: (561) 394-8301 Facsimile: (561) 394-3121 E-Mail: carl@schoepplburke.com

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 10, 2013, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system which will send a Notice of Electronic Filing to the following: Jeffrey Thomas Infelise, Esq., counsel for the Plaintiff, U.S. Securities and Exchange Commission. In addition, the foregoing is being served on the pro se Defendants identified below by electronic mail and United States mail. s/ Carl F. Schoeppl, Esq. Carl F. Schoeppl. Esq. Counsel for Defendants Big Apple Consulting USA, Inc.; MJMM Investments LLC; and Marc Jablon; Party U.S. Securities and Exchange Commission, Plaintiff Method of Service CM/ECF Name, Address, Telephone, and Facsimile of Partys Counsel Jeffrey T. Infelise, Esq. Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549-4010 Telephone: (202) 551-4904 Facsimile: (202) 772-9362 Email: infelisej@sec.gov Matthew Maguire 8645 Spikerush Court Sanford, Florida 32771 Telephone: (407) 234-9885 Email: maguire75@hotmail.com Mark C. Kaley 14924 Gaulberry Run Winter Garden, Florida 34787 Telephone: (407) 394-5881 Email: markckaley@gmail.com

Matthew Maguire, pro se Defendant

United States Mail and electronic mail

Mark C. Kaley, pro se Defendant

United States Mail and electronic mail

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Party Keith Jablon, pro se Defendant

Method of Service United States Mail and electronic mail

Name, Address, Telephone, and Facsimile of Partys Counsel Keith Jablon 329 Blue Stone Circle Winter Garden, Florida 34787 Telephone: (304) 888-4520 Email: keithjablon@yahoo.com

F:\Big Apple - SEC\Pleadings\MotionforContinuanceofEvidentiaryHearing 01 07 13.wpd