Securities and Exchange Commission v. Bivona et al

Filing 39

ORDER by Judge Edward M. Chen Setting New Hearing Date on Motion for a Preliminary Injunction and Order to Show Cause.(emcsec, COURT STAFF) (Filed on 3/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE

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COMMISSION,
Plaintiff,

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v.

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JOHN V. BIVONA, et al.,

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For the Northern District of California

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United States District Court

Case No. 16-cv-01386-EMC
ORDER SETTING NEW HEARING
DATE ON MOTION FOR A
PRELIMINARY INJUNCTION AND
ORDER TO SHOW CAUSE
Docket No. 37

Defendants.

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On March 25, 2016, the parties stipulated to setting one hearing date on the preliminary

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injunction on May 12, 2016. Docket No. 37. The Court finds that the stipulation is not

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technically effective because the stipulation was signed by Defendant John V. Bivona on behalf of

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SRA Management, LLC, SRA I LLC, SRA II LLC, SRA III LLC, Felix Investments, LLC, Clear

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Sailing Group IV LLC, and Clear Sailing Group V LLC (collectively, LLCs). Id. at 2. Per Civil

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Local Rule 3-9(b), “[a] corporation, unincorporated association, partnership, or other such entity

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may appear only through a member of the bar of this Court.” It is unclear if Mr. Bivona signed as

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the LLCs’ manager or as their legal representative. The LLCs cannot appear in this action without

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being represented by counsel; if Mr. Bivona intends to represent the LLCs as their attorney, he

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should so state by March 31, 2016.

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Nevertheless, the Court finds that it is appropriate to set one preliminary injunction hearing

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date, which will be on May 12, 2016 at 1:30 p.m. Defendants and Relief Defendants shall file an

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opposition by April 22, 2016 at 5:00 p.m., and the SEC may file any reply by May 3, 2016 at

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5:00 p.m. The Court VACATES the April 5, 2016 hearing date.

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This Order disposes of Docket No. 37.

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IT IS SO ORDERED.

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______________________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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Dated: March 28, 2016

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