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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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4
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ELECTRONIC. -~LY FIT.ID
SECURITIES AND EXCHANGE
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Plaintiff,
-against-
20 civ 10582 (CM)
KARINA CHAIREZ,
Defendant.
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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.
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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
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