“In response to the October 2, 2018 Order issued by Administrative Law Judge Carol Fox Foelak, Respondent Michelle L. Helterbran Cochran objects to the reinstituted proceeding in this case. Ms. Helterbran moves for an order dismissing this matter, pursuant to Rule 250(a) of the Commission’s Rules of Practice, 17 C.F.R. § 201.250(a), because the statutory deadline within which this case had to be tried has passed. See also 5 U.S.C. § 556(c)(9), (10) (powers of ALJs); 17 C.F.R. § 201.360(b) (initial decisions by ALJs). In the alternative, Ms. Helterbran moves for an order referring this matter for trial before the Securities and Exchange Commission, as this ALJ is barred from adjudicating this matter under Article II of the United States Constitution because she enjoys multiple layers of unconstitutional removal protections. Finally, and also in the alternative, Ms. Helterbran moves for an order staying this matter pending adjudication of constitutional objections raised in the United States District Court.”

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