OptionsXpress, Inc. and Jonathan I. Feldman (Order Granting Petitions for Review and Scheduling Briefs)

UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 9474 / November 5, 2013 SECURITIES EXCHANGE ACT OF 1934 Release No. 70810 / November 5, 2013 INVESTMENT COMPANY ACT OF 1940 Release No. 30774 / November 5, 2013 ADMINISTRATIVE PROCEEDING File No. 3-14848 In the Matter of OPTIONSXPRESS, INC. and JONATHAN I. FELDMAN ORDER GRANTING PETITIONS FOR REVIEW AND SCHEDULING BRIEFS Pursuant to Rule of Practice 411,1 the petitions for review of the administrative law judge's initial decision2 filed by optionsXpress, Inc. and Jonathan I. Feldman are 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 briefs in support of the petition for review shall be filed by December 16, 2013. A consolidated brief in opposition (not to exceed 21,000 words) shall be filed by January 27, 2014. Any reply briefs shall be filed by February 10, 2014.5 1 17 C.F.R. § 201.411. 2 optionsXpress, Inc., Initial Decision Release No. 490, 2013 WL 2471113 (June 7, 2013). 3 17 C.F.R. § 201.411(d). 4 17 C.F.R. § 201.450(a). 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 (except as modified above). Requests for extensions of time to file briefs or for additional words are disfavored. 2 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 the General Counsel, pursuant to delegated authority. Elizabeth M. Murphy Secretary 6 17 C.F.R. § 201.180(c).