"Part 23" of 8K
- 14 -
IV.
RECORDS PRESERVATION
IT IS FURTHER ORDERED that all defendants, their directors, officers,
agents, servants, employees, attorneys, depositories, banks, and those persons
in active concert or participation with any one or more of them, and each of
them, BE AND THEY HEREBY ARE RESTRAINED AND ENJOINED from, directly or
indirectly, destroying, mutilating, concealing, altering, disposing of, or
otherwise rendering illegible in any manner, any of the books, records,
documents, correspondence, brochures, manuals, papers, ledgers, accounts,
statements, obligations, files and other property of or pertaining to the
Defendants wherever located.
V.
EXPEDITED DISCOVERY
IT IS FURTHER ORDERED that expedited discovery is ordered as follows:
A. prior to the expiration of thirty (30) calendar days after
service of the summons and complaint upon defendants, pursuant
to Rules 30(a) and 45 of the Federal Rules of Civil Procedure,
plaintiff may take depositions upon oral examination and
obtain documents from defendants and non-parties subject to
five (5) calendar days notice, and depositions may be taken by
telephone or other remote electronic means;
B. pursuant to Rules 33 and 36 of the Federal Rules of Civil
Procedure, the defendants shall answer all requests for
admissions and interrogatories within five (5) calendar days
of service of any such requests;
- 15 -
C. pursuant to Rule 34(b) of the Federal Rules of Civil
Procedure, defendants and non-parties shall produce all
documents requested by the Commission within five (5) calendar
days of service of any such requests; and
D. all written responses to the Commission's requests for
discovery under the Federal Rules of Civil Procedure shall be
delivered to the Commission at 450 Fifth Street, N.W., Mail
Stop 4-2, Washington, D.C. 20549 (FAX: 202-942-9581) or to
such other place as counsel for the Commission may direct, by
the most expeditious means available.
E. Service of discovery requests shall be sufficient if made upon
the defendants by facsimile or overnight courier.
VI.
EXPEDITED BANK RECORDS PRODUCTION UNDER RFPA
IT IS FURTHER ORDERED that expedited production of bank records
discovery is ordered as follows:
A. Pursuant to 12 U.S.C. Section 3409((a)(3)(E), the Commission
may delay notification of the customer of any banks it subpoenas in this
action, under to the Right to Financial Privacy Act, 12 U.S.C. Sections 3401,
et seq., as the notification and ten-day delay provisions of the statute would
prevent the parties from obtaining necessary bank records in time for the Order
To Show Cause.
B. Banks served with a Commission subpoena for customer records
and this Order shall produce the records in the expedited fashion provided in
Section V, above, and shall not decline to produce the records because the ten
day waiting period has not |
