Securities And Exchange Commission v. Mercury Interactive LLC et al

Filing 375

ORDER RE 373 , 374 MOTION TO DISBURSE FUNDS TO THE UNITED STATES TREASURY. Signed by Judge Alsup on 3/26/2014. (whalc2, COURT STAFF) (Filed on 3/26/2014).

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

No. C 07-02822 WHA
Plaintiff,

11
For the Northern District of California

United States District Court

10

SECURITIES AND EXCHANGE
COMMISSION,

12

v.

13
14

ORDER RE MOTION TO
DISBURSE FUNDS TO THE
UNITED STATES TREASURY

MERCURY INTERACTIVE, LLC, et al.,
Defendants.
/

15
16

On March 21, the Securities and Exchange Commission filed a motion to disburse

17

disgorged funds and interest — including those held in the Court Registry Account for this

18

action — to the United States Treasury (Dkt. Nos. 373, 374). As the motion states that no

19

hearing is requested, the undersigned judge construes the motion as one for administrative relief.

20

Civil Local Rule 7-11 therefore requires that any opposition to or support for the motion be filed

21

by March 25. To date, no such opposition or support has been received.

22

Nonetheless, defendants are permitted to respond to the Commission’s motion, should

23

they choose to do so. This response must be filed by 4 PM ON MARCH 28. Please note that

24

failure to oppose may result in the motion being granted, in light of the undersigned judge’s

25

“broad discretion in determining the disposition of the disgorged funds.” S.E.C. v. First Pac.

26

Bancorp, 142 F.3d 1186, 1192 (9th Cir. 1998).

27
28

IT IS SO ORDERED.
Dated: March 26, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE