Russell C. Schalk, Jr. (Order Granting Petition for Review and Scheduling Briefs)

UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION April 19, 2016 SECURITIES ACT OF 1933 Release No. 10069 / April 19, 2016 SECURITIES EXCHANGE ACT OF 1934 Release No. 77654 / April 19, 2016 INVESTMENT COMPANY ACT OF 1940 Release No. 32080 / April 19, 2016 ADMINISTRATIVE PROCEEDING File No. 3-16498 In the Matter of RUSSELL C. SCHALK, JR. ORDER GRANTING PETITION FOR REVIEW AND SCHEDULING BRIEFS Pursuant to Commission Rule of Practice 411,1 the petition of Russell C. Schalk, Jr., for review of the administrative law judge's initial decision2 is granted. Pursuant to Rule of Practice 411(d),3 the Commission will determine what sanctions, if any, are appropriate in this matter. Accordingly, IT IS ORDERED, pursuant to Rule of Practice 450(a),4 that a brief in support of the petition for review shall be filed by May 19, 2016. A brief in opposition 1 17 C.F.R. § 201.411. 2 Russell C. Schalk, Jr., Initial Decision Rel. No. 958 (Feb. 10, 2016), 113 SEC Docket 09, 2016 WL 536129. 3 17 C.F.R. § 201.411(d). 4 17 C.F.R. § 201.450(a). shall be filed by June 20, 2016, and any reply brief shall be filed by July 5, 2016.5 Pursuant to Rule of Practice 180(c),6 failure to file a brief in support of the petition may result in dismissal of this review proceeding as to that petitioner. For the Commission, by the Office of General Counsel, pursuant to delegated authority. Brent J. Fields Secretary 5 As provided by Rule of Practice 450(a), no briefs in addition to those specified in this schedule may be filed without leave of the Commission. Attention is called to Rules 150 – 153, 17 C.F.R. § 201.150 – 153, with respect to form and service, and Rules of Practice 450(b) and (c), 17 C.F.R. § 201.450(b), 201.450(c), with respect to content and length limitations. Requests for extensions of time to file briefs are disfavored. 6 17 C.F.R. § 201.180(c).