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United States Securities and Exchange Commission v. U.S. Wind Farming

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


August 3, 2007

UNITED STATES SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
U.S. WIND FARMING, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM

During the past two weeks this Court has received a spate of letters from stockholders of U.S. Wind Farming, Inc. ("Wind Farming"), all sounding the same refrain--that they are somehow being "punished" by an order entered in this action, presumably one whose primary targets were the defendants who violated the securities laws in connection with the sale of Wind Farming stock.*fn1 And just today counsel for Wind Farming has filed a response to Johnston's letter (he alone among those submitting letters has reflected any attempt to serve the parties litigant).

Wind Farming's response correctly reflects that Johnston, not being a party of record in this action, lacks standing to seek any relief from this Court--and that is equally true of all the others who have sent letters. There is thus no predicate for filing the Johnston or other letters, but because this Court cannot entertain ex parte communications, copies of all letters except Johnston's (which, as stated earlier, he has already circulated) are now being transmitted to all parties of record.


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