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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SECURITIES AND EXCHANGE Case No. 16-cv-01386-EMC

COMMISSION,

8 Plaintiff, ORDER DENYING NONPARTY PATRICK NICHOLSON’S MOTION v. TO QUASH SUBPOENA 10 FELIX INVESTMENTS, LLC, Docket No. 695 11 Defendant. 12 13 Nonparty Patrick Nicholson filed a motion to quash the U.S. Securities and Exchange Commission’s subpoena on documents maintained by Mr. Nicholson at TD Bank. Docket No. 695. Mr. Nicholson argues that his personal financial records are not relevant to the SEC’s judgment enforcement against the judgment debtors in this case. Id. The challenge procedures set forth in Chapter 35 of the Right to Financial Privacy Act (“RFPA”) “constitute the sole judicial remedy available to a customer to oppose disclosure of financial records” from a financial institution. 12 U.S.C. § 3410(e). RFPA subpoenas are to be enforced if the records sought “are relevant to a legitimate law enforcement inquiry.” Davidov v. SEC, 415 F.…