Bernerd E. Young (Order Granting Petition for Review and Scheduling Briefs)

UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION October 22, 2013 SECURITIES ACT OF 1933 Release No. 9469 / October 22, 2013 SECURITIES EXCHANGE ACT OF 1934 Release No. 70736 / October 22, 2013 INVESTMENT ADVISERS ACT OF 1940 Release No. 3700 / October 22, 2013 INVESTMENT COMPANY ACT OF 1940 Release No. 30752 / October 22, 2013 ADMINISTRATIVE PROCEEDING File No. 3-15003 In the Matter of BERNERD E. YOUNG ORDER GRANTING PETITION FOR REVIEW AND SCHEDULING BRIEFS Pursuant to Commission Rule of Practice 411,1 the petition of Bernerd E. Young 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 November 21, 2013. A brief in opposition 1 17 C.F.R. ' 201.411. 2 Daniel Bogar, et al., Initial Decision Rel. No. 502 (Aug. 2, 2013), ___ SEC Docket ____. 3 17 C.F.R. ' 201.411(d). 4 17 C.F.R. ' 201.450(a) 2 shall be filed by December 23, 2013, and any reply brief shall be filed by January 6, 2014.5 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. Elizabeth M. Murphy 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).