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Case 2:09-cv-00104-LDG-GWF Document 44 Filed 01/10/11 Page 1 of 5
1 Robert H. Bretz, Esq.

California Bar No. 55087
2 578 Washington Blvd. #843
Marina del Rey, California 90292
3 (310) 578-1945
Attorney for Defendant
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5 IN THE UNITIED STATES DISTRICT COURT

6 FOR THE DISTRICT OF NEVADA
7 * * *
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SECURITIES AND EXCHANGE ) Case No.: 2:09-cv-00104-LDG-GWF
9 )
COMMISSION,
) DEFENDANT GLISSON’S RESPONSE TO
10 ) PLAINTIFF’S EMERGENCY MOTION
Plaintiff, ) RE: DISCOVERY MATTERS AND
11 ) DECLARATION OF COUNSEL,
vs. ) ROBERT H. BRETZ
12 ) (Telephonic Participation Authorized)
MARCO GLISSON, )
13 ) Date of Hearing: January 13, 2011
Defendant ) Time of Hearing: 11:00 a.m.
14 )
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MARCO GLISSON, through his attorney of record, responds to Plaintiff, Securities and
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Exchange Commission’s (“SEC”) Emergency Motion to Compel Attendance at Deposition and
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the Production of Documents (the “Motion”), as follows:
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There is no basis, emergency or otherwise, for the Motion. The Defendant and third-
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party witness, Thidarat Tungswongsathong, appeared for testimony as called for by Plaintiff’s
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notice of deposition and subpoena, as previously agreed, on January 10, 2011 in Los Angeles,
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California, all documents called for by the subject notice to produce dated November 4, 2010,
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the subpoena dated November 1, 2010, and the Court’s Order dated October 29, 2010, 1 were
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. . .
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. . .
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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.
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1 produced prior to such appearances. The depositions proceeded as scheduled, and will continue
2 on January 11, 2011, as necessary. See the accompanying Declaration of Bretz, Esq.
3 DATED this 10th day of January, 2012.
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Respectfully submitted,
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_
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/s/:Robert H. Bretz, Esq.
7 Robert H. Bretz, Esq.
California Bar No. 55087
8 578 Washington Blvd. #843
Marina del Rey, California 90292
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(310) 578-1945
10 Attorney for Defendant
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1 DECLARATION OF ROBERT BRETZ, ESQ.

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I, ROBERT H. BRETZ, ESQ., hereby declare as follows:
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1. I am attorney of record for Marco Glisson and I am otherwise competent to provide
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the within testimony based on my own personal knowledge.
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7 2. On October 29, 2010, the Court granted the SEC’s motion to reopen discovery
8 concerning Marco Glisson.

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3. Thereafter, the SEC issued its notice and request for production of documents to
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Glisson and subpoena to Thidarat Tungswongsathong (Glisson’s wife) covering their
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appearances on December 10 and 11, 2010, in Fort Meyers, Florida (near where they live).
13 4. Prior to the Court’s October 29th Order, Glisson had timely appeared for testimony as
14 requested by the SEC in Los Angeles on two prior occasions during the course of the
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investigation and legal proceedings.
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5. Several days prior to the scheduled December 10 and 11th appearance dates, I notified
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18 the SEC (herein Paris Wynn, Esq.) that Thidarat Tungswongsathong was forced to undergo
19 (emergency) major surgery on December 8, 2010. which would naturally preclude her
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appearance on December 10th and that Marco Glisson wanted to attend to his wife’s medical
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situation requiring a continuance of the scheduled depositions and document production as a
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result of such medical situation.
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24 6. Shortly thereafter, following consultation with Thidarat Tungswongsathong’s doctors,
25 I was informed and notified the SEC that Marco Glisson and Thidarat Tungswongsathong would
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be able to appear for their depositions and production in Los Angeles on January 10 and 11, 2011
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(as they had previously offered to accommodate Los Angles based counsel for both parties).
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This plan was agreeable to the SEC and was confirmed by the parties in writing.
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1 7. As requested, I provided the SEC with hospital admittance and discharge

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documentation evidencing Thidarat Tungswongsathong’s surgery on December 8, 2010.
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8. Prior to the bringing of the SEC’s motion, I reconfirmed to the SEC that Marco
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5 Glisson and Thidarat Tungswongsathong had booked air transportation to Los Angeles for their
6 appearances in Los Angeles on January 10 and 11, 2011, which would go forward as scheduled.
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9. On December 27, 2010, I provided the SEC in excess of 250 pages of documents
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being produced pursuant to the notice and subpoena, and I informed the SEC at that time, and
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thereafter, that additional documents including e-mails would be forthcoming in advance of the
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11 appearances.
12 10. Prior to the appearances on January 10, 2011, I provided the SEC with an additional
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350 plus pages of documents being produced by the witnesses.
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11. I have no explanation as to why the SEC felt the need to initiate the instant Motion
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prior to the agreed upon appearances and additional/final production prior to January 10, 2011.
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17 This Declaration is made and given under penalty of perjury. This Declaration is
18 executed in Los Angeles County, California, on January 10, 2011.

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DATED this 10th day of January, 2011.
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/s/: ROBERT H. BRETZ, ESQ.
21 ROBERT H. BRETZ, ESQ.
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1 CERTIFICATE OF SERVICE
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Pursuant to Fed. R. Civ. P. 4(B), I hereby certify service of the foregoing DEFENDANT
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GLISSON’S RESPONSE TO PLAINTIFF’S EMERGENCY MOTION RE: DISCOVERY
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5 MATTERS AND DECLARATION OF COUNSEL, ROBERT H. BRETZ, pursuant to Rule
6 12(B)(3) of The Federal Rules of Civil Procedure via the Court’s Electronic EM/ECF Filing
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System.
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Molly M. White, Esq.
9 Paris A. Wynn, Esq.
U.S. SECURITIES AND EXCHANGE COMMISSION
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Los Angeles Regional Office
11 5670 Wilshire Blvd., 10th Floor
Los Angeles, CA 90036-3648
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Dated this 10th day of January, 2010.
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/s/: Candice R. Salerno
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an employee of Robert H. Bretz, Esq.
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Case 2:09-cv-00104-LDG-GWF Document 44 Filed 01/10/11 Page 1 of 5

1 Robert H. Bretz, Esq.

5 IN THE UNITIED STATES DISTRICT COURT

1 DECLARATION OF ROBERT BRETZ, ESQ.

8 concerning Marco Glisson.

24 6. Shortly thereafter, following consultation with Thidarat Tungswongsathong’s doctors,

1 7. As requested, I provided the SEC with hospital admittance and discharge

18 executed in Los Angeles County, California, on January 10, 2011.

5 MATTERS AND DECLARATION OF COUNSEL, ROBERT H. BRETZ, pursuant to Rule

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