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Securities and Exchange Commission v. Vassallo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


August 26, 2010

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
ANTHONY VASSALLO, KENNETH KENITZER AND EQUITY INVESTMENT MANAGEMENT AND TRADING, INC., DEFENDANTS.

PLAINTIFF'S APPLICATION TO REMOVE INCORRECTLY FILED DOCUMENT

Plaintiff Securities and Exchange Commission ("Commission"), submits this application to remove from the Court's records the document that was previously filed in this case on August 11, 2010 as Docket Item 316. Docket Item 316 contains extraneous pagination (or "Bates numbers") in the lower right-hand corner of each page. When the error was discovered, the Clerk of the Court temporarily sealed Docket Item 316, and the Commission filed a clean version of the document as Docket Item 317.

By this application, the Commission requests that the Court direct the Clerk of the Court to permanently remove the previously-filed Docket Item 316 from the Court's records.

Dated: August 13, 2010

Robert L. Mitchell Monique C. Winkler Counsel for plaintiff SECURITIES AND EXCHANGE COMMISSION

ORDER DIRECTING CLERK TO REMOVE DOCUMENT

GOOD CAUSE APPEARING, the application by the Securities and Exchange Commission is hereby granted, and the Clerk of the Court is directed to remove Docket Item 316 from the Court's records.

SO ORDERED.

CERTIFICATE OF SERVICE

I, Janet Bukowski, am a citizen of the United States, over 18 years of age, and am not a party or counsel to a party in this action. On August 13, 2010, I caused the following to be served on all parties entitled to receive electronic notice of filings in this case by filing the documents with the Court's electronic filing system:

PLAINTIFF'S APPLICATION TO REMOVE INCORRECTLY FILED DOCUMENT

In addition, I served these documents via UPS addressed to the following pro se party: Kenneth Kenitzer 4150 Creekwood Court Pleasanton, CA 94588 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed at San Francisco, California, on August 13, 2010.

Janet Bukowski

20100826

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