Securities and Exchange Commission v. Ascenergy LLC et al

Filing 36

ORDER re 34 Motion for Expedited Discovery Without Rule 26(f)Conference, for a Discovery Conference, and to Shorten Response Deadline. FURTHER ORDERED that any response to Plaintiff's Motion for Expedited Discovery without Rule 26(f) Confere nce and for a Discovery Conference shall be filed within eight days of the filing of the motion. FURTHER ORDERED that a discovery Conference in this matter is set for 12/4/2015 at 09:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 11/24/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SECURITIES
COMMISSION,

AND

EXCHANGE

ORDER
Plaintiff,
v.

(Mot Exp Disc – Dkt. #34)

ASCENERGY LLC and JOSEPH (a/k/a
JOEY) GABALDON,
Defendants,

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Case No. 2:15-cv-01974-GMN-PAL

PYCKL LLC and ALANAH ENERGY, LLC,
Relief Defendants.

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Before the court is Plaintiff’s Motion for Expedited Discovery Without Rule 26(f)

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Conference, for a Discovery Conference, and to Shorten Response Deadline (Dkt. #34) filed

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November 19, 2015. Having considered the Plaintiff’s motion and supporting Memorandum of

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Points and Authorities (Dkt. #35),

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IT IS ORDERED that Plaintiff, on and after the date of this order, is hereby authorized

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to take expedited document discovery from financial institutions and other persons or parties that

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Plaintiff has reason to believe may hold, may have received, or may have knowledge of investor

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funds or Defendants’ or Relief Defendants’ assets.

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The subpoenaed party is required to provide within five business days of service of
Plaintiff’s subpoena records showing:

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(1) The identification name and number of each and every account or other asset owned,

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controlled, managed, or held by, on behalf of, or for the benefit of any of the persons

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or entities identified in Plaintiff’s subpoena;

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(2) The balance of each such account, or a description of the nature and value of such

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asset as of the close of business on the day on which the document subpoena was

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served, and, if the account or other asset has been closed or removed, the date closed

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or removed, the total funds removed in order to close the account, and the name of the

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person or entity to whom such account or other asset was remitted; and

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(3) The identification of any safe deposit box that is owned, controlled, managed, or held

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by, on behalf of, or for the benefit of any of the persons or entities identified in

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Plaintiff’s subpoena.

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The subpoenaed party is further required to provide within ten business days of service of

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Plaintiff’s subpoena copies of the account applications, account statements, and signature cards

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for each identified account. The subpoenaed party is also required to provide within 20 days of

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service of Plaintiff’s subpoena copies of any requested checks, drafts, deposit tickets, transfers to

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and from the accounts, all other debit and credit instruments or slips, currency transaction

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reports, IRS 1099s, and safe deposit box logs.

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Plaintiff may take deposition testimony from the subpoenaed party about the relevant
transactions and documents.

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IT IS FURTHER ORDERED that any response to Plaintiff’s Motion for Expedited

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Discovery without Rule 26(f) Conference and for a Discovery Conference shall be filed within

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eight days of the filing of the motion.

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IT IS FURTHER ORDERED that a Discovery Conference in this matter shall be held

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on December 4, 2015, at 9:30 a.m., in Courtroom 3B of the United States District Court, 333

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Las Vegas Boulevard South, Las Vegas, NV 89101. Counsel may participate telephonically.

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Those appearing telephonically are instructed to call Jeff Miller, Courtroom Deputy, at (702)

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464-5420 before 4:00 p.m. December 3, 2015, to indicate the name of the party participating

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and a telephone number where that party may be reached. The courtroom deputy will initiate the

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call for the hearing.

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IT IS FURTHER ORDERED that, in future orders submitted to this court, Plaintiff

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shall comply with LR 6-2(a) which states the A... signature block shall not be on a separate page,
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but shall appear approximately one inch below the last typewritten matter on the right-hand side

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of the last page of the stipulation....@

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DATED this 24th day of November, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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