Securities And Exchange Commission v. Netcirq, LLC

Filing 10

ORDER striking 8 Reply Brief filed by Kristen Wade, CEO of Netcirq, LLC. Signed by Judge Kandis A. Westmore on 2/22/2016. (kawlc1, COURT STAFF) (Filed on 2/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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v.

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NETCIRQ, LLC,

ORDER STRIKING RESPONDENT'S
REPLY TO THE APPLICATION TO
ENFORCE COMPLIANCE WITH
ADMINISTRATIVE SUBPOENA
Re: Dkt. No. 8

Defendant.

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United States District Court
Northern District of California

Case No. 15-mc-80289-KAW

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On November 25, 2015, the Securities and Exchange Commission (the “Commission”)

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applied for a court order commanding Respondent NetCirq, LLC’s (“NetCirq”) compliance with

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the Commission’s administrative subpoena issued in the course of its ongoing, nonpublic

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investigation. (Dkt. No. 1.) Pursuant to an agreement of the parties, the deadline for Respondent

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to file an opposition was January 27, 2016, and the hearing was continued to February 18, 2016.

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(Dkt. No. 5 at 2 n. 2.) NetCirq did not file a timely opposition.
On February 16, 2016, Kristen Wade,1 CEO of NetCirq, filed a reply brief on behalf of the

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corporation. At the February 18, 2016 hearing, Ms. Wade admitted that she is not an attorney.

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Corporations must appear through an attorney licensed to practice in the jurisdiction. See, e.g., D-

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Beam Ltd. P'ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973 (9th Cir. 2004). Since NetCirq

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cannot represent itself, and Ms. Wade is not licensed to practice in the Northern District of

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California, her reply brief must be stricken, and the Court does so on its own motion. See Dr. JKL

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Ltd. v. HPC IT Educ. Ctr., 749 F. Supp. 2d 1038, 1048 (N.D. Cal. 2010).

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At the hearing, Ms. Wade informed the Court that her name was now Kristen Ayer.
Notwithstanding, she filed the reply brief as “Kristen Wade,” so, for the purposes of this order, the
undersigned will refer to her as Ms. Wade.

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The Government shall serve a copy of this order on Ms. Wade.

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IT IS SO ORDERED.

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Dated: February 22, 2016
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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