David F. Bandimere (Order Granting Motion for Submission of Additional Evidence and Permitting Supplemental Briefing)

UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION SECURITIES ACT OF 1933 Release No. 9883 / August 7, 2015 SECURITIES EXCHANGE ACT OF 1934 Release No. 75651 / August 7, 2015 Admin. Proc. File No. 3-15124 In the Matter of DAVID F. BANDIMERE ORDER GRANTING MOTION FOR SUBMISSION OF ADDITIONAL EVIDENCE AND PERMITTING SUPPLEMENTAL BRIEFING On June 11, 2015 respondent moved to submit as additional evidence in this matter the affidavit of Jayne L. Seidman, submitted by the Division of Enforcement in In the Matter of Timbervest, LLC., et al, Administrative Proceeding File No. 3-15519, dated June 4, 2015 "establishing that Administrative Law Judge Cameron Elliot was not hired by the Commission as an administrative law judge through a process involving the approval of the individual members of the Commission." The Division does not oppose the motion. We have determined to grant the motion. We have also determined to allow the parties to file additional briefing to address any issues concerning the newly admitted evidence. Accordingly, it is ORDERED that respondent's Motion For Submission Of Additional Evidence is granted; and 2 It is further ORDERED that the parties may each file a supplemental brief, not to exceed ten double-spaced pages by Friday, August 21, 2015, addressing any issues that they believe are relevant for our consideration of the Appointments Clause claim. For the Commission, by the Office of the General Counsel, pursuant to delegated authority. Brent J. Fields Secretary