Dennis J. Malouf (Order Granting Review and Scheduling Briefs)

UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION May 18, 2015 SECURITIES ACT OF 1933 Release No. 9775 / May 18, 2015 SECURITIES EXCHANGE ACT OF 1934 Release No. 74991 / May 18, 2015 INVESTMENT ADVISERS ACT OF 1940 Release No. 4088 / May 18, 2015 INVESTMENT COMPANY ACT OF 1940 Release No. 31605 / May 18, 2015 ADMINISTRATIVE PROCEEDING File No. 3-15918 In the Matter of DENNIS J. MALOUF, Respondent. ORDER GRANTING REVIEW AND SCHEDULING BRIEFS Pursuant to Commission Rule of Practice 411,1 the petition of respondent Dennis J. Malouf and the cross-petition of the Division of Enforcement for review of an administrative law judge's initial decision are GRANTED.2 Pursuant to Rule of Practice 411(d), the Commission will determine what sanctions, if any, are appropriate in this matter.3 Accordingly, IT IS ORDERED, pursuant to Rule of Practice 450(a),4 that briefs be filed as follows: Respondent's opening brief: Respondent shall file a brief, not to exceed 16,000 words, by June 17, 2015. Division's principal and response brief: The Division shall file a brief, not to exceed 16,000 words, by July 17, 2015. This brief 1 17 C.F.R. § 201.411. 2 Dennis J. Malouf, Initial Decision Release No. 766, 2015 WL 1534396 (Apr. 7, 2015). 3 17 C.F.R. § 201.411(d). 4 17 C.F.R. § 201.450(a). 2 must address the issues presented by the Division's cross-petition for review and respond to respondent's opening brief. Respondent's response and reply brief: Respondent shall file a brief, not to exceed 10,000 words, by July 31, 2015. Division's reply brief: The Division may file a reply brief, not to exceed 2,000 words, by August 14, 2015. This brief must be limited to the issues presented by the Division's cross-petition for review. 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.5 Pursuant to Rule of Practice 180(c), failure to file a brief in support of the petition or cross-petition may result in dismissal of this review proceeding as to that party.6 For the Commission, by the Office of General Counsel, pursuant to delegated authority. Brent J. Fields Secretary 5 Attention is called to Rules of Practice 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 in this order). The number of words includes any pleadings that are incorporated by reference. 6 17 C.F.R. § 201.180(c).