v. United States Securities and Exchange Commission

Filing 37

ORDER that the case of Rosiere v. United States Securities and Exchange Commission (2:09-cv-00144-JCM-PAL) is DISMISSED. Signed by Judge James C. Mahan on 3/22/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SHAUN ROSIERE,

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2:09-CV-1975 JCM (PAL)

Plaintiff,
v.

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UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,

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Defendant.

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ORDER
Presently before the court is the case of Rosiere v. United States Securities and Exchange
Commission, case number 2:09-cv-00144-JCM-PAL.

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On February 10, 2012, pursuant to Local Rule 41-1, the clerk of the court informed plaintiff

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that, if no action was taken in this case within thirty (30) days, the court would dismiss the case for

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want of prosecution. (Doc. #35).

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Plaintiff’s complaint seeks an order from this court to quash a subpoena served by the

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Securities and Exchange Commission on plaintiff in 2009. On March 8, 2012, after the Local Rule

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41-1 notice was served on plaintiff, the plaintiff filed a status report informing the court that the

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Securities and Exchange Commission’s investigation into plaintiff was concluded as of January 11,

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2011, and that “there are no grounds for the issuance of any subpoenas; therefore, the subpoenas are

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null and void.” (Doc. #36). The court interprets plaintiff’s status report as a request by plaintiff that

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the court dismiss this suit. The court finds dismissal appropriate pursuant to Fed. R. Civ. P. 41(a)(2).

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James C. Mahan
U.S. District Judge

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Furthermore, plaintiff’s status report does not qualify as a “proceeding of record” in

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prosecution of the case, as it does nothing to further plaintiff’s causes of action against defendant.

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Accordingly, dismissal pursuant to the Local Rule 41-1 notice is also appropriate.

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Therefore,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case of Rosiere v.

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United States Securities and Exchange Commission (2:09-cv-00144-JCM-PAL) be, and the same

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hereby is, DISMISSED.

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DATED March 22, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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