Securities And Exchange Commission v. Obioha et al

Filing 9

ORDER VACATING ORDER TO SHOW CAUSE AND SETTING BRIEFING SCHEDULE re 1 MOTION to Compel filed by Securities And Exchange Commission Replies due by 6/21/2012. Responses due by 6/14/2012.. Signed by Judge Alsup on May 31, 2012. (whalc2, COURT STAFF) (Filed on 5/31/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

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No. C 12-80109 WHA

ORDER VACATING ORDER TO
SHOW CAUSE AND SETTING
BRIEFING SCHEDULE

v.
MACK OBIOHA, OFF SECURITIES
FUNDS LTD., OFF HOLDINGS LLC,
Defendants.
/

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On May 23, 2012, an order to show cause issued ordering defendants to show cause why

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plaintiff’s motion to compel should not be granted for failure to oppose and ordering plaintiff to

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file proof of service of the motion to compel on defendants. Plaintiff filed a certificate of service

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showing that plaintiff mailed via UPS for next day delivery, the motion to compel,

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accompanying declaration, order setting the hearing date, and clerk’s notice rescheduling the

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hearing date on May 23, 2012, to Attorney James A. Trodden. On May 24, 2012, plaintiff filed a

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response to the order to show cause stating that Attorney Trodden informed plaintiff that he was

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“authorized and would accept service on behalf of the respondents” (Dkt. No. 8). Attorney

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Trodden has not made an appearance as attorney of record for defendants.

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Defendants’ opposition or statement of non-opposition to the motion to compel is due

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JUNE 14, 2012. The reply is due JUNE 21. A hearing date will be set if the Court determines it is

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needed. The order to show cause filed May 23, 2012, is hereby VACATED. Plaintiff must

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promptly serve this order on defendants and file a proof of service.

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IT IS SO ORDERED.

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Dated: May 31, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\WHAALL\2012Civ\12-80109 Obioha\order vacating osc.wpd

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