James A. Winkelmann, Sr. and Blue Ocean Portfolios, LLC (Order Granting Petitions for Review and Scheduling Briefs)

UNITED STATES OF AMERICA before the SECURITIES AND EXCHANGE COMMISSION May 8, 2017 SECURITIES ACT OF 1933 Release No. 10354 / May 8, 2017 SECURITIES EXCHANGE ACT OF 1934 Release No. 80627 / May 8, 2017 INVESTMENT ADVISERS ACT OF 1940 Release No. 4703 / May 8, 2017 INVESTMENT COMPANY ACT OF 1940 Release No. 32629 / May 8, 2017 ADMINISTRATIVE PROCEEDING File No. 3-17253 In the Matter of JAMES A. WINKELMANN, SR., AND BLUE OCEAN PORTFOLIOS, LLC ORDER GRANTING PETITIONS FOR REVIEW AND SCHEDULING BRIEFS Pursuant to Commission Rule of Practice 411,1 the petitions of James A. Winkelmann, Sr., and Blue Ocean Portfolios, LLC (collectively, “Respondents”) and the Division of Enforcement for review of an administrative law judge's initial decision2 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 Respondents’ and the Division’s briefs in support of their petitions for review shall be filed by June 7, 2017. The parties’ briefs in opposition shall be filed by July 7, 2017, and any reply briefs shall be filed 1 17 C.F.R. § 201.411. 2 James A. Winkelmann, Sr., and Blue Ocean Portfolios, LLC, Initial Decision Release No. 1116 (March 20, 2017), 2017 WL 1047106. 3 17 C.F.R. § 201.411(d). 4 17 C.F.R. § 201.450(a). 2 by July 21, 2017.5 Pursuant to Rule of Practice 180(c), failure to file a brief in support of the petition may result in dismissal of this review proceeding as to that petitioner.6 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).