Securities and Exchange Commission v. de Nicolas Gutierrez et al

Filing 9

ORDER Vacating Hearing and Taking Motion Under Submission. Plaintiffs Motion for Order Allowing Service of Summons and Amended Complaint pursuant to Federal Rule of Civil Procedure 4(f)(3) (ECF No. 7 ) is taken under submission without oral argument, and the hearing date set for August 12, 2019, at 2:30 p.m., before this Court, is VACATED. Signed by Judge John A. Houston on 8/7/2019. (tcf)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

SOUTHERN DISTRICT OF CALIFORNIA

8
9
10

UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff,

11
12
13
14
15

v.
GERARDO DE NICOLÁS
GUTIERREZ, CARLOS JAVIER
MOCTEZUMA VELASCO, RAMÓN
LAFARGA BÁTIZ, and NOE
CORRALES REYES,

Case No. 3:17-cv-02086-JAH-JLB

ORDER VACATING HEARING
AND TAKING MOTION
UNDER SUBMISSION

Defendants.

16
17
18

Pending before the Court is Plaintiff United States Securities and Exchange

19 Commission’s (“SEC” or “Plaintiff”) Motion for Order Allowing Service of Summons
20 and Amended Complaint upon defendants Gerardo de Nicolás Gutiérrez (“de
21 Nicolás”), Carlos Moctezuma Velasco (“Moctezuma”), and Ramón Lafarga Bátiz
22 (“Lafarga”) (collectively, the “Unserved Defendants”) via alternate means pursuant to
23 Federal Rule of Civil Procedure 4(f)(3). Doc. No. 7. On July 26, 2019, Plaintiff filed
24 supplemental briefing in support of its motion. Doc. No. 8. The Unserved Defendants
25 have not generally, nor specially appeared in the above-entitled action and no response
26 has been filed.
27

The Court deems Plaintiff’s motion for an order allowing service under Rule

28 4(f)(3) suitable for adjudication without oral argument. See CivLR 7.1 (d.1).

1
2
3

Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion is taken
under submission without oral argument, and the hearing date set for August 12, 2019,
at 2:30 p.m., before this Court, is VACATED.

4
5

IT IS SO ORDERED.

6
7 DATED: August 7, 2019
8
9

HON. JOHN A. HOUSTON
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

18cr4816