Opinion
Case No. 8:02-CV-120-T-30TGW.
August 1, 2006
ORDER GRANTING SECURITIES AND EXCHANGE COMMISSION'S MOTION TO DISMISS CONTEMPT PROCEEDINGS AS MOOT AND CLOSE CASE
This cause comes before the Court upon a motion by the Plaintiff Securities and Exchange Commission (the "Commission") to Dismiss Contempt Proceedings as Moot and Close this Case [Dkt. #238]. The Commission had requested the Court to order Carapella and Lipstein to show cause why they should not be held in contempt of the Court's July 12, 2002 Order enjoining them from future violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 [Dkt. #196]. Pursuant to a settlement between the Commission and Defendants George Carapella and Alan S. Lipstein, which resolved all matters pertaining to both the current contempt proceedings and SEC v. Carapella and Lipstein,* Case No. 8:04-CV-01858-JSM-MSS, a related Commission enforcement action also before this Court, the Commission filed a notice withdrawing its Application for an Order to Show Cause on July 31, 2006 [Dkt. #237].
The Court having reviewed the record in this case, and there being no opposition to the Commission's motion, upon due consideration, it is
It is therefore ORDERED AND ADJUDGED that:
1. Plaintiff's Unopposed Motion to Dismiss Pending Contempt Proceedings As Moot and Close this Case (Dkt. #238) is GRANTED.
2. The Clerk is directed to CLOSE this case and terminate any pending motions.
DONE and ORDERED.