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
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.,
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.
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