Securities and Exchange Commission v. Adrew T.E. Coldicutt et al

Filing 17

ORDER TO SHOW CAUSE WHY AN ORDER COMPELLING COMPLIANCE WITH INVESTIGATIVE SUBPOENAS SHOULD NOT BE ISSUED by Judge Christina A. Snyder. IT IS HEREBY ORDERED that the Securities and Exchange Commission's ("SEC") Application for an Order to Show Cause and an Application for Order Compelling Compliance with Investigative Subpoenas against Respondents Andrew T.E. Coldicutt and the Law Office of Andrew Coldicutt 16 is GRANTED. Respondents shall appear on 7/31/2017 10:00 AM before Judg e Christina A. Snyder, to show cause, if there be any, why this Court should not issue an Order ("Order Compelling Compliance"). Response to Order to Show Cause due by no later than 5:00 PM on 7/17/2017. Reply papers in support of the issuance of the Order Compelling Complaint shall be filed by the Respondents no later than 5:00 PM on 7/24/2017. See document for further details. (gk)

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1 2 3 4 5 6 7 LYNN M. DEAN (Cal. Bar No. 205562) Email: deanl@sec.gov ROBERTO A. TERCERO (Cal. Bar No. 143760) Email: terceror@sec.gov Attorneys for Plaintiff Securities and Exchange Commission Michele Wein Layne, Regional Director Alka N. Patel, Associate Regional Director Amy Jane Longo Regional Trial Counsel 444 S. Flower Street, Suite 900 Los Angeles, California 90071 Telephone: (323) 965-3998 Facsimile: (213) 443-1904 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 Western Division 12 13 SECURITIES AND EXCHANGE COMMISSION, Applicant, 14 15 16 17 18 vs. ANDREW T.E. COLDICUTT and LAW OFFICE OF ANDREW COLDICUTT, Case No. 2:17-cv-03888-CAS (AFMx) XXXXXXXXXX [PROPOSED] ORDER TO SHOW CAUSE WHY AN ORDER COMPELLING COMPLIANCE WITH INVESTIGATIVE SUBPOENAS SHOULD NOT BE ISSUED Respondents. 19 20 21 22 23 24 25 26 27 28 Case No. 2:17cv-03888-CAS (AFMx) 1 The Applicant, the Securities and Exchange Commission (“SEC”), having filed 2 an Application for an Order to Show Cause and an Application for Order Compelling 3 Compliance with Investigative Subpoenas against Respondents Andrew T.E. 4 Coldicutt and the Law Office of Andrew Coldicutt (collectively, “Respondents”), the 5 Court having considered the Application and documents filed in support thereof, and 6 good cause having been shown, the Court being fully briefed in the matter, and there 7 being no just cause for delay: 8 IT IS HEREBY ORDERED that the SEC’s Application for an Order to Show 9 Cause Why an Order Compelling Compliance with Investigative Subpoenas should 10 11 not be issued is GRANTED. IT IS HEREBY ORDERED that on July 31, 2017, at 10:00 a.m., or as soon 12 thereafter as the parties can be heard, the Respondents shall appear before the 13 Honorable Christina A. Snyder, United States District Court, in Courtroom 8D, 8th 14 Floor, located at United States Courthouse, 350 West First Street, Los Angeles, 15 California 90012-4565, to show cause, if there be any, why this Court should not 16 issue an Order (“Order Compelling Compliance”) that: 17 a) finds that (1) Respondents have failed to comply with the Court’s 18 June 8, 2017 Order [Dkt. 15]; (2) Respondents have failed to meet their burden to 19 establish that the documents responsive to the SEC’s May 2016 investigative 20 subpoenas that were withheld on the grounds that they are privileged were in fact 21 privileged, and (3) that Respondents have therefore waived any such privilege; and 22 b) directs the Respondents to produce without any further delay all 23 documents responsive to the SEC’s May 2016 investigative subpoenas that were 24 withheld on the grounds that they are privileged. 25 IT IS FURTHER ORDERED that any papers in opposition to the issuance of 26 said Order Compelling Compliance shall be filed by the Respondents with this Court 27 and served on the SEC’s Los Angeles Regional Office at 444 S. Flower Street, 9th 28 1 Case No. 2:17cv-03888-CAS (AFMx)) 1 Floor, Los Angeles, California 90071, such that they arrive no later than 5:00 2 p.m. (PT), on July 17, 2017. 3 IT IS FURTHER ORDERED that any reply papers in support of the issuance 4 of said Order Compelling Compliance shall be filed by the Respondents with this 5 Court and served on the Respondents’ counsel, Estevan R. Lucero, Lucero Law Firm 6 APC, 3517 Camino Del Rio South, Suite 200, San Diego, CA 92108, such that they 7 arrive no later than 5:00 p.m. (PT), on July 24, 2017. 8 IT IS FURTHER ORDERED that service of this Order to Show Cause, and 9 any papers in opposition to the issuance of said Order, or any reply papers, may be 10 accomplished by electronic mail, facsimile, United Parcel Service or personal service. 11 12 13 14 15 July 7 Dated: ____________, 2017 ______ HON. CHRISTINA A. SNYDER U.S. DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 2:17cv-03888-CAS (AFMx))

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