Securities And Exchange Commission v. Charles Schwab Investment Management Inc. et al

Filing 97

***CORRECTED*** STIPULATION AND AMENDED ORDER APPROVING THE FINAL ACCOUNTING, TRANSFERRING FUNDS TO THE SECURITIES AND EXCHANGE COMMISSION, DISCHARGING THE DISTRIBUTION AGENT, AND TERMINATING THE DISTRIBUTION FUND. Signed by Judge Alsup on 12/5/16. (whalc1, COURT STAFF) (Filed on 12/5/2016)

STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
3 SECURITIES AND EXCHANGE COMMISSION,
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Plaintiff,

5 vs.
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CHARLES SCHWAB INVESTMENT
7 MANAGEMENT, CHARLES SCHWAB & CO.,
INC., AND SCHWAB INVESTMENTS,

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Defendants.

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Case No. CV-11-00136 WHA

STIPULATION AND !PROPOSED]
AMENDED ORDER APPROVING
THE FINAL ACCOUNTING,
TRANSFERRING FUNDS TO THE
SECURITIES AND EXCHANGE
COMMISSION, DISCHARGING
THE DISTRIBVITON AGENT, AND
TERMINATING THE
DISTRIBUTION FUND

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WHEREAS, on October 11,2016, the Court, approved the Securities and Exchange
Commission's ("Commission") Order Approving the Final Accounting, Transfen·ing Funds to
the United States Treasury, Discharging the Distribution Agent, and Terminating the
Distribution Fund ("Order") (Dkt. 94);
WHEREAS, it was deemed further clarification ofthe Order is needed;
THE PARTIES HEREBY STIPULATE AND AGREE, subject to the Court's approval,
that the Order is amended to the following:

I.

The final accounting is approved;

2.

The Court shall transfer the remaining funds in the Court Registry Investment

System account number 11-cv-00136, under the case name designation "SEC v. Charles

Schwab Investment Management, eta/." in the amount of $39.96 plus accrued earned interest to
the Commission c/o Enterprise Services Center, Accounts Receivable Branch, 6500 South
MacArthur Blvd, HQ Bldg., Room 181, AMZ-341, Oklahoma City, OK 73169;

3.

The Commission is authorized to transfer all remaining funds, and any future

funds that may be received, in this matter to the United States Treasury once the remaining tax
obligations are paid; and,

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PROPOSED AMENDED ORDER APPROVING PINAL ACCOUNTING
(I I-OOI36 WHA)

Upon transfer of the remaining funds to the United States Treasury, the
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Distribution Agent is discharged and the Distribution Fund is terminated.

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IT IS SO STIPULATED.

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Dated: November 18,2016

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UNITED STATES SECURITIES AND EXCHANGE
COMMISSION
By: Is/ David J. Gottesman
DAVID J. GOTTESMAN
FRED BLOCK
MELISSA HODGMAN

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CHARLES SCHWAB INVESTMENT
MANAGEMENT, CHARLES SCHWAB & CO.,
INC., AND SCHWAB INVESTMENTS

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By:

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(~;-;55iAAJ(t!J.--.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

December 5, 2016.
The Honorable William Alsup
United States District Judge

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PROPOSED AMENDED ORDER APPROVING FINAL ACCOUNTING
(1 I-OOI36 WIIA)