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Securities & Exchange Commission v. Nicita

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 17, 2008

SECURITIES & EXCHANGE COMMISSION, PLAINTIFF,
v.
MICHAEL NICITA AND EDWARD LEONARD, DEFENDANTS.

The opinion of the court was delivered by: Hayes, Judge

ORDER DISMISSING ACTION AND CLOSING CASE

On April 27, 2007, Plaintiff Securities & Exchange Commission filed an ex parte application for an order compelling Defendants Michael Nicita and Edward Leonard to comply with an administrative subpoena. (Doc. # 1). On January 16, 2008, United States Magistrate Judge Anthony J. Battaglia granted Plaintiff's motion to compel compliance with the administrative subpoena. (Doc. # 33).

On May 14, 2008, this Court issued an Order to Show as to why this case should not be closed. In the Order to Show Cause the Court noted that "[i]f the parties do not show cause on or before Friday, May 30, 2008, the Court will close this case." (Doc. # 34). To date, no party has responded to this Court's May 14, 2008, Order to Show Cause. Accordingly, this case is hereby dismissed in its entirety. The Clerk of the Court is Ordered to close this case.

IT IS SO ORDERED.

WILLIAM Q. HAYES United States District Judge

20080617

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