Steese, Evans & Frankel, P.C. v. United States Securities and Exchange Commission

Filing 48

ORDER granting 45 Motion to Intervene. Intervenor defendant to file his answer in intervention by close of business today. Defendant intervenor allowed to proeed by Pseudonym John Doe. On or before 7/30/10 he's to submit a notice in camera for court view only disclosing true identity. Granting 29 Motion for Relief. There will be no discovery, no expert witnesses and case will be decided on cross-motions for summary judgment. Plaintiff to file amended complaint on or before 7/28/10 . Dispositive Motions due by 9/9/2010. Granting in part and denying in part 16 and 17 Motion to Seal as set forth in the order; granting 18 Motion to Seal; denying 23 Motion to Seal; granting in part 25 Motion to Seal as set forth in the order, by Magistrate Judge Boyd N. Boland on 7/23/10.(gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 10-cv-01071-CMA-BNB STEESE, EVANS & FRANKEL, P.C., Plaintiff, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Defendant, and JOHN DOE, Intervenor Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arise on the following: (1) Intervene"); (2) Motion for Relief from Filing Scheduling Order and Conducting Rule 26(f) John Doe's Motion to Intervene [Doc. # 45, filed 6/7/2010] (the "Motion to Conference [Doc. # 29, filed 6/18/2010] (the "Motion for Relief"); and (3) Seal"). I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: Numerous motions to seal [Docs. # 16, 17, 18, 23, and 25] (the "Motions to IT IS ORDERED that the Motion to Intervene [Doc. # 45] is GRANTED. The Intervenor Defendant shall file his Answer in Intervention by close of business today. IT IS FURTHER ORDERED that the Defendant Intervenor is allowed to proceed by the pseudonym John Doe. On or before July 30, 2010, the Defendant Intervenor shall submit a Notice, in camera and for Court view only, disclosing the Defendant Intervenor's true identity. IT IS FURTHER ORDERED that the Motion for Relief [Doc. # 29] is GRANTED. There will be no discovery; no expert witnesses; and the case will be decided on cross-motions for summary judgment. The plaintiff shall file an amended complaint on or before July 28, 2010. The dispositive motion deadline is September 9, 2010. IT IS FURTHER ORDERED that the Motions to Seal [Docs. # 16, 17, 18, 23, and 25] are GRANTED IN PART and DENIED IN PART, as follows: Docs. # 16 and 17: GRANTED to seal the following information: (i) Part II contained on pages 3-4 of Doc. # 17-1; (ii) Paragraph 3 on page 2 of Doc. # 17-2; and (iii) the totality of Doc. # 17-3; and DENIED in all other respects. Doc. # 18: GRANTED. Doc. # 23: DENIED. The motion seeks to seal Docs. # 19 and 20 which contain no confidential or personal identifying information. 2 Doc. # 25: GRANTED to seal page 4 of Doc. # 26; and DENIED in all other respects. Dated July 23, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 3

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