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SECURITIES AND EXCHANGE COMM. v. BEACON HILL ASSET MGT.

United States District Court, S.D. New York


May 13, 2004.

SECURITIES AND EXCHANGE COMMISSION, Plaintff, -against- BEACON HILL ASSET MANAGEMENT LLC, et al., Defendants

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The Court will hear oral argument on the motion by Jennifer Tindell and others to quash and the SEC's cross-motion to enforce certain investigatory subpoenas on May 18, 2004 at 2:30 p.m.

The parties should be prepared to address, among other things, (1) what if any representations the United States is prepared to make with respect to limiting the use of any testimony given and evidence obtained through enforcement of these subpoenas in any grand jury investigations or criminal cases against movants' husbands, and (2) whether and to what extent this Court may and should condition enforcement of the subpoenas on the government giving, or the Court itself conferring, fruits-use immunity with respect to the evidentiary products of enforcing them. See, e.g., In re Grand Jury, 111 F.3d 1083, 1085-88 (3d Cir. 1997); In re Grand Jury Matter, 673 F.2d 688, 694 n.12 (3d Cir. 1982); In re Grand Jury (Malfitano), 633 F.2d 276, 281-82 (3d Cir. 1980) (Gibbons, J., concurring).

  SO ORDERED.

  It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers.

20040513

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