Securities and Exchange Commission v. Bronson et al

Filing 488

MEMO ENDORSED ORDER granting 486 Motion for Set Dates for Any Filings or Conference the Court Orders re: 486 MOTION Set Dates for Any Filings or Conference the Court Orders . ENDORSEMENT: Given that the deadline for the latest filing from the Bronsons has not yet passed, this application is granted. Also, with respect to this filing and all future filings, the SEC may serve all its submissions by email to Dawn Bronson. So Ordered. (Signed by Judge Kenneth M. Karas on 2/17/23) (yv)

UN IT ED STAT ES

SECURlTIES AND EXCHANGE COMM I SSION
100 PEARL STREET, SU ITE 20- 100
NEW YORK, NY 10004-261 6

DIVlSI ON o ·ir
ENP'O RCl:MltHT

February 16, 2023
ByECF
Hon. Kenneth M. Karas
United States District Court
United States Courthouse
300 Quarropas Street, Chambers 533
White Plains, New York 10601-4150
Re:

U S. Securities and Exchange Commission v. Bronson et al.,
12-CV-6421 (KMK)

Dear Judge Karas :
I write on behalf of the Securities and Exchange Commission ("SEC") to
respectfully request that the Court set dates for the SEC's reply to the SEC' s Order to
Show Cause Why Edward and Dawn Bronson Should Not Be Held in Contempt and for
any response or conference the Court may order in connection with the Bronsons ' request
for a settlement conference for after SEC counsel returns from travel outside the country.
As background, the Court held Mr. Bronson in contempt and ultimately
incarcerated him for his violations of the Court's Orders to pay the SEC pursuant to the
Final Judgment and a subsequently entered Payment Plan Order. DE 193 , 223 , 272 318,
326. When the SEC learned that Bronson had engaged in further violations of the
Court' s orders, the SEC sought and the Court held a hearing on December 12 th .
On January 26, 2023 , the Bronsons moved for a settlement conference or,
alternatively, an emergency motion for release. DE 461. The SEC responded to the
motion and an additional filing, DE 467, essentially stating that any such conference or
motion is premature. DE 467, 484. Among the issues the SEC raised was a lack of
documentation of what Bronson can pay. DE 484. The Court set a date of February 17,
2022 for the Bronsons ' reply to the SEC's response. To date, the Bronsons have not
produced any additional documents to address the deficiencies the SEC identified as
necessary to a settlement.
On February 2, 2023 the SEC moved for an order to show cause why the
Bronsons should not be held in contempt. DE 468-73. The Court ordered the Bronsons to
respond by February 10th. DE 468. Dawn Bronson sought a one week extension for her
response, which the Court granted. DE 481 , 483. Bronson neither sought an extension
nor responded. The SEC filed a letter stating that it did not object to the extension but

seeking a date to respond that would not conflict with dates that SEC counsel is not
available. DE 482.
As SEC counsel will be out of the country from February 17th until February 26th
and will need time to review and respond to any filings and/or prepare for any conference
the Court may schedule, SEC counsel respectfully requests that the Court set any filing or
conference dates for March 7th or after.
The SEC respectfully requests permission to serve this filing and any Order or
pleading in this matter on Dawn and Edward Bronson by email to Dawn Bronson.

Respectfully submitted,
sl Maureen Peyton King
Given that the deadline for the latest filing from the Bronsons
has not yet passed, this application is granted. Also, with
respect to this filing and all future filings, the SEC may serve
all its submissions by email to Dawn Bronson.
So Ordered.

~

2/17/23