R.S.O. 1990, c. S.5, AS AMENDED
- AND -
LEHMAN BROTHERS & ASSOCIATES CORP., GREG MARKS, KENT EMERSON
LOUNDS AND GREGORY WILLIAM HIGGINS
(Section 127 of the Securities Act)
WHEREAS on September 3, 2010, the Ontario Securities Commission (the "Commission") issued a Notice of Hearing pursuant to sections 37, 127 and 127.1 of the Securities Act, R.S.O. 1990, c. S.5, as amended (the "Act") accompanied by a Statement of Allegations dated September 3, 2010 issued by Staff of the Commission (“Staff”) with respect to Lehman Brothers & Associates Corp. (“Lehman Corp.”), Greg Marks (“Marks”), Kent Emerson Lounds (“Lounds’) and Gregory William Higgins (“Higgins”), collectively the “Respondents”;
AND WHEREAS the Notice of Hearing stated that a hearing would be held at the offices of the Commission on September 8, 2010;
AND WHEREAS on September 8, 2010, Staff confirmed that the Commission had received the affidavit of Charlene Rochman sworn September 7, 2010 which indicated that service of the Notice of Hearing and Statement of Allegations was attempted on Lounds and Higgins personally, electronically, through their counsel or at their last known address and that Staff were unable to effect proper service on Marks and Lehman Corp. because Staff have been unable to determine a valid address for those respondents;
AND WHEREAS on September 8, 2010, Staff attended the hearing and no one appeared on behalf of the Respondents;
AND WHEREAS on September 8, 2010, Staff requested that the hearing be adjourned and a pre-hearing conference scheduled;
AND WHEREAS Staff advised the Commission that counsel for Higgins consented to the adjournment;
IT IS ORDERED that the hearing is adjourned to October 21, 2010 at 12:00 p.m. for a confidential pre-hearing conference.
DATED at Toronto this 10th day of September, 2010.
James E. A. Turner