Securities and Exchange Commission v. Chairez

Filing 37

ORDER DIRECTING RESPONSE, The Commission has 14 days from the date the motion was made, or until Monday, November 4, 2024, to respond to the motion. I will NOT be granting any extension of time., ( Responses due by 11/4/2024) (Signed by Judge Colleen McMahon on 10/24/24) Copies Mailed By Chambers. (yv)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDCSDN\ 4 - - - - - -- - - - - -- - -- - - I I DOCTJlviENT X ELECTRONIC. -~LY FIT.ID SECURITIES AND EXCHANGE COMMISSION, I DOC#: ~~ D.\TE F I L E D : ~ ~~ l Plaintiff, -against- 20 civ 10582 (CM) KARINA CHAIREZ, Defendant. - - - - - - - - - - - - - - - - - -X ORDER DIRECTING RESPONSE McMahon, J.: I have received a motion from Defendant, which sets out a perfectly plausible basis for me to conclude that she never received notice of this civil action, in which the SEC has obtained a default judgment, based on its representation that it served Defendant at an address that apparently is not hers. I find this whole situation odd, since Ms. Chairez was a defendant in a simultaneously filed criminal case, in which it appears that she was convicted, since she is presently incarcerated at a federal correctional facility. Service in the civil action could easily have been effected through her criminal defense counsel or even in person at the courthouse where her criminal action was being heard (it was not assigned to me). The court notes that it questioned whether the SEC had actually served Defendant at her correct address and received assurances only "on information and belief." The Commission has 14 days from the date the motion was made, or until Monday, November 4, 2024, to respond to the motion. I will NOT be granting any extension of time. Dated: New York, New York October 24, 2024 U.S.D.J. ยท-~If: ed/halldedtocounselon Cop1~- ax /o !!i] ()&>cri{ BY ECF TO THE SEC BY FIRST CLASS MAIL TO DEFENDANT AT: #79242-097 Victorville Camp FCI Med I PO Box 5300 Adelante, CA 92301

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?