Securities and Exchange Commission v. Hu et al

Filing 27

ORDER TO SHOW CAUSE regarding 7 Ex Parte Application for Temporary Restraining Order and for Order to Show Cause. Order to Show Cause Hearing set for 3/27/2009 09:00 AM. Show Cause Response due by 3/26/2009. Signed by Judge Whyte on 03/19/09. (rmwlc2, COURT STAFF) (Filed on 3/19/2009)

Case 5:09-cv-01177-RMW

Document 25

Filed 03/19/2009

Page 1 of 2

1 MARC J. FAGEL (Cal. Bar No. 154425) ROBERT TASHJIAN (Cal. Bar No. 191007) [e-mail] 2 ELENA RO (Cal. Bar No. 197308) [e-mail] 3 4 Attorneys for Plaintiff SECURITIES AND EXCHANGE 5 COMMISSION 44 Montgomery Street, Suite 2600 6 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

E-Filed: 3/19/09

12 SECURITIES AND EXCHANGE COMMISSION, Case No. 09-cv-01177 RMW 13 14 vs. Plaintiff, [REVISED PROPOSED] ORDER TO SHOW CAUSE

15 ALBERT K. HU, ASENQUA, INC., 16 ASENQUA CAPITAL MANAGEMENT, LLC, AQC ASSET MANAGEMENT, LTD.; and 17 FIRESIDE CAPITAL MANAGEMENT, LTD., 18 19 20 21 22 23 24 25 26 27 28 Defendants.

Case 5:09-cv-01177-RMW 1

Document 25

Filed 03/19/2009

Page 2 of 2

This matter came before the Court on the ex parte application of plaintiff Securities

2 and Exchange Commission ("Commission") for, among other things, an order to show cause 3 why the temporary asset freeze ordered by the Court should not be extended during the 4 pendency of this litigation. The Court has received and considered the Commission's 5 complaint, application, memorandum of points and authorities and the declarations of Lynne 6 Born, Lucas Chang, Andrea Dulberg, Jay Gould, Robert Kafin, Fuyuan Lin, Jeffrey B. 7 Maletta, Elena Ro, Sundara Sim, Robert L. Tashjian, and Marc Verdiell, and Zhou Ye, and all 8 exhibits attached to those declarations, and all other submissions, written or oral, at or before 9 the hearing. Good cause appearing therefrom, 10 IT IS HEREBY ORDERED that at 9:00 a.m. PDT on March 27, 2009, or as soon

11 thereafter as the parties can be heard, defendants Albert K. Hu, Asenqua, Inc., Asenqua 12 Capital Management, LLC, AQC Asset Management, Ltd., and Fireside Capital Management, 13 Ltd. and each of them, shall appear before the Honorable Ronald M. Whyte, Judge of the 14 United States District Court, to show cause, if there be any, why a preliminary injunction 15 should not be granted extending the temporary restraining order and asset freeze pending the 16 determination of this action. The Commission shall serve defendants with this order to show 17 cause and the Court's temporary restraining order and asset freeze no later than March 24, 18 2009, at 5:00 p.m. PDT. Any declarations, affidavits, points and authorities, or other 19 submissions in support of, or in opposition to, the issuance of a preliminary injunction shall 20 be filed with the Court and delivered to the Commission's counsel and the offices of each of 21 the defendants or their attorneys no later than 12:00 p.m. (noon) PDT on March 26, 2009. 22
19 23 Dated this ___ day of March, 2009

_______________________________________ UNITED STATES DISTRICT JUDGE

24 25 26 27 28 ORDER TO SHOW CAUSE

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CASE NO. 09-cv-01177 RMW