Securities and Exchange Commission v. de Nicolas Gutierrez

INTRODUCTION

20 Pending before the Court is Plaintiff United States Securities and Exchange 21 Commission’s (“Plaintiff” or “SEC”) Motion for Leave to Effect Alternative Service 22 (“Motion”) of the complaint and summons on Defendants Gerardo de Nicolàs Gutierrez 23 (“de Nicolàs”), Carlos Javier Moctezuma Velasco (“Moctezuma”), and Ramon Lafarga 24 Batiz (“Lafarga”) (collective “Defendants”)1 via the prescribed methods described below. 25

1 Defendant Noe Corrales Reyes (“Corrales”) has properly been served via the Hague Convention of 15 November 1965 on the service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial 28 See Doc. No. 7. Plaintiff contends that despite repeated efforts, he has been unable to service Defendants. See Doc. No. 7 at 3-6. For the reasons articulated below, Plaintiff’s Motion for Alternative Service is GRANTED. BACKGROUND On October 10, 2017, Plaintiff filed the complaint in this action against Defendants alleging violations of federal securities laws. See Doc. No. 1. On October 26, 2017, Plaintiff filed an amended complaint. See Doc. No. 4. On January 5, 2018,…