Securities And Exchange Commission v. Son et al

Filing 27

ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE AGAINST DEFENDANT JIN K. CHUNG. Defendant Jin K. Chung shall show cause, on July 7, 2009 at 4:00 p.m., why a preliminary injunction should not be granted. Signed by Judge Maxine M. Chesney on June 19, 2009. (mmclc1, COURT STAFF) (Filed on 6/19/2009)

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MARC J. FAGEL (Cal. Bar No. 154425) ROBERT TASHJIAN (Cal. Bar No. 191007) [e-mail] THOMAS J. EME (Illinois Bar. No. 6224870) [e-mail] Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, 26th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SECURITIES AND EXCHANGE COMMISSION, Case No. CV-09-2554 MMC [PROPOSED] ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE AGAINST DEFENDANT JIN K. CHUNG

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This matter came before the Court on an Order to Show Cause why a preliminary injunction should not be issued. On June 10, 2009, the Court issued a Temporary Restraining Order ("TRO") against all defendants. The Court also issued an Order to Show Cause which requires defendants to show cause, if any, why a preliminary injunction should not be granted. Good cause appearing, the Court finds that plaintiff Securities and Exchange Commission has demonstrated that it attempted to provide defendant Jin K. Chung with actual notice of the TRO and Order to Show Cause. By its terms, the TRO expires at 8:00 a.m. PDT on June 24, 2009, unless extended by the Court pursuant to the Federal Rules of Civil Procedure. Based on the Commission's papers, including the Declaration of Thomas J. Eme in Support of the Preliminary Injunction, good cause exists to extend the terms of the TRO to allow the Commission additional time to notify defendant Jin K. Chung of the TRO and Order to Show Cause. Pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, the Court therefore extends the terms of the TRO as ordered herein. Therefore, IT IS HEREBY ORDERED THAT the Temporary Restraining Order against defendant 8 00 _:m. PDT on Jin K. Chung, entered June 10, 2009, shall be extended and will expire at __:__ a July 9, 2009. See FED. R. CIV. P. 6(a)(2); FED. R. CIV. P. 65(b)(2). // // //

[PROPOSED] ORDER EXTENDING TRO

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CASE NO. CV-09-2554 MMC

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IT IS FURTHER ORDERED THAT at _______ o'clock ___ .m. PDT on 4 p July 7 ____________________, 2009, or as soon thereafter as the parties can be heard, defendant Jin K. Chung shall appear before the Honorable Maxine M. Chesney, Judge of the United States District Court, to show cause, if there be any, why a preliminary injunction should not be granted extending the temporary restraining order pending the determination of this action. Any declarations, affidavits, points and authorities, or other submissions in support of, or in opposition to, the issuance of such an Order shall be filed with the Court and delivered to the Commission's counsel and the offices of each of the defendants or their attorneys no later than _______ o'clock ___ .m. PDT on _______________, 2009. Any reply papers shall be filed with 4 p July 2 1 p the Court and delivered to opposing counsel no later than _______ o'clock ___ .m. PDT on July 6 __________________, 2009.

Dated this 19thday of June, 2009 ___

_______________________________________ UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER EXTENDING TRO

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CASE NO. CV-09-2554 MMC