Securities and Exchange Commission v. Ciapala et al

Filing 27

ORDER granting 23 Motion to Intervene; granting 23 Motion to Stay. WHEREAS, the Court finds that a complete stay in this action, while not staying any motion for default judgment to be filed by the SEC, is in furtherance of the in terests of justice and will not prejudice any party; it is hereby ORDERED that the Government's motion to intervene is GRANTED. It is further ORDERED that this action is stayed in its entirety until the completion of the Criminal Action, except that such a stay shall not apply to any motion for default judgment to be filed by the SEC against defendant Blacklight, S.A. (Signed by Judge J. Paul Oetken on 10/13/2020) (mro)

Case 1:20-cv-00008-JPO Document 27 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
ECF Case
- against No. 20 Civ. 0008 (JPO)
KENNETH CIAPALA, and
BLACKLIGHT, S.A.,

ORDER

Defendants.
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WHEREAS, on October 2, 2020, the Government submitted a motion seeking to
intervene in this action and seeking a complete stay of further proceedings, in light of the
pendency of the parallel criminal action United States v. Kenneth Ciapala et al., 19 Cr. 874
(GBD) (the “Criminal Action”), in which an indictment has been returned; and
WHEREAS, defendant Kenneth Ciapala consents to the complete stay sought by
the Government; and
WHEREAS, the Securities and Exchange Commission (the “SEC”) takes no
position on the request for a complete stay;
WHEREAS, defendant Blacklight S.A. was previously served with the Complaint
in this action and failed to file an answer by its deadline to do so; and
WHEREAS, the Court finds that a complete stay in this action, while not staying
any motion for default judgment to be filed by the SEC, is in furtherance of the interests of justice
and will not prejudice any party; it is hereby
ORDERED that the Government’s motion to intervene is GRANTED. It is further

Case 1:20-cv-00008-JPO Document 27 Filed 10/13/20 Page 2 of 2

ORDERED that this action is stayed in its entirety until the completion of the
Criminal Action, except that such a stay shall not apply to any motion for default judgment to be
filed by the SEC against defendant Blacklight, S.A.;

SO ORDERED:
October 13, 2020
DATE

HONORABLE PAUL G. GARDEPHE
UNITED STATES DISTRICT JUDGE

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