Important to note that yes they filed but they did not show cause for failure nor participate in pre hearing conference!
PROCEDURAL HISTORY
Following Mobile’s failure to file an Answer by September 30, 2014, I directed Mobile to show cause by October 10, 2014, why it should not be deemed in default and have the proceeding determined against it. Adarna Energy Corp., Admin. Proc. Rulings Release No. 1871, 2014 SEC LEXIS 3705 (Oct. 1, 2014). I also ordered a prehearing conference be held on October 10, 2014. Id.
Mobile neither showed cause for failure to Answer nor appeared at the telephonic prehearing conference on October 10, 2014. During the prehearing conference, however, the Division reported that Mobile had recently filed deficient forms 10-K and 10-Q. As a result, I ordered the Division to file a memorandum or motion for summary disposition by October 31, 2014, explaining whether Mobile had filed all of its overdue reports and whether the reports were deficient. Adarna Energy Corp., Admin. Proc. Rulings Release No. 1905, 2014 SEC LEXIS 3817 (Oct. 10, 2014). I also ordered that any opposition to the motion for summary disposition would be due on November 21, 2014. Id. The Division filed a Motion for Summary Disposition, Declaration of David S. Frye in Support of Division’s Motion, and fifteen exhibits on October 31, 2014.2 The Division requests that the registration of Mobile’s securities be revoked. Mot. at 8-17. As of the date of this Initial Decision, Mobile has not filed an opposition to the Motion.
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