SEC v. ASPEN

Filing 10

ORDER: IT IS HEREBY ORDERED that not later than Wednesday, December 6, 2023, the Markmans must respond to the Order, or the Court will treat the Motion as unopposed. If the Markmans timely respond, any reply from the Movants must be filed not lat er than Tuesday, December 12, 2023. IT IS FURTHER ORDERED that the Movants must serve a copy of this order to show cause on the Markmans solely via email and file proof of service by Tuesday, December 5, 2023. SO ORDERED. ( Replies due by 12/12/2023., Responses due by 12/6/2023) (Signed by Judge Valerie E. Caproni on 12/4/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SECUTIES AND EXCHANGE COMMISSION,
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Plaintiff,
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-against:
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MARKMAN BIOLOGICS CORP. and ALAN
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SHINDERMAN,
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Defendants.
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-and:
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ASPEN ASSET MANAGEMENT SERVICES, LLC, :
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Relief Defendant.
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/04/2023

23-MC-432 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on November 16, 2023, Alan Shinderman and Aspen Asset Management
Services, LLC (the “Movants”) moved for an order compelling Dr. Barry Markman and Judy
Markman (“the Markmans”) to comply with certain subpoenas duces tecum and for an order
holding the Markmans in civil contempt (the “Motion”), see Mot., Dkt. 4;
WHEREAS on November 16, 2023, the Court ordered the Markmans to show cause why
the Motion should not be granted by December 1, 2023, and ordered the Movants to serve the
Court’s November 16, 2023, Order (the “Order”) on the Markmans and to post proof of service
by November 17, 2023, see Order, Dkt. 8;
WHEREAS on November 17, 2023, the Movants filed proof of service of the Order via
both email and UPS express mail, see Proof of Service, Dkt. 9;
WHEREAS on December 1, 2023, counsel for the Markmans notified the Court that they
had received the Order; and

WHEREAS to date, the Markmans have not responded to the Order and counsel for the
Markmans has not entered an order of appearance;
IT IS HEREBY ORDERED that not later than Wednesday, December 6, 2023, the
Markmans must respond to the Order, or the Court will treat the Motion as unopposed. If the
Markmans timely respond, any reply from the Movants must be filed not later than Tuesday,
December 12, 2023.
IT IS FURTHER ORDERED that the Movants must serve a copy of this order to show
cause on the Markmans solely via email and file proof of service by Tuesday, December 5,
2023.
SO ORDERED.
_____________________
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__________
_________________________________
CAPR
RONI
VALERIE CAPRONI
United States District Judge

Date: December 4, 2023
New York, NY

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