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Re: rickn23 post# 77930

Monday, 12/03/2018 9:17:31 PM

Monday, December 03, 2018 9:17:31 PM

Post# of 78243

On November 30, Benny Powell, Red Giant’s CEO, emailed my office about the company’s efforts to get current, and submitted a letter stating that the company had not received previous communications regarding this proceeding. I have caused those documentsto be filed with the Commission’s Office of the Secretary and deem the to be Red Giant’s answer to the OIP and response to the order to show cause. As there do not appear to be any genuine issues as to any material facts in dispute, the allegations can be resolved by dispositive motion. Accordingly,the Division of Enforcement may file a dispositive motion as to Red Giant pursuant to 17 C.F.R. §201.250(b)2 by December 17, 2018. Red Giant may file an opposition by January 7, 2019, and the Division may file a reply, if any, by January 14, 2019. See 17 C.F.R. §201.161(a).Red Giant
may file a dispositive motion according to the same schedule.



https://www.sec.gov/alj/aljorders/2018/ap-6384.pdf

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