Case 1:12-cv-12334-WGY Document 11 Filed 04/16/13 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ____________________________________________ ) SECURITIES AND EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) ) SPENCER PHARMACEUTICAL INC., ) JEAN-FRANOIS AMYOT, ) MAXIMILIEN ARELLA, ) IAN MORRICE, ) IAB MEDIA INC. and ) HILBROY ADVISORY INC., ) ) Defendants. ) ____________________________________________)

Case No. 12-cv-12334-WGY JURY TRIAL DEMANDED

STATUS REPORT REGARDING SERVICE OF PROCESS AND DEFENDANTS REPRESENTATION Plaintiff Securities and Exchange Commission (SEC) hereby respectfully submits this status report to apprise the Court regarding (i) the status of the SECs effort to effect service of process on the defendants, five of which are located outside the United States, and (ii) the SECs understanding that, as of the date of this notice, one or more defendants are proceeding pro se. Service of Process The SEC filed its complaint in this matter on December 17, 2012 (the Complaint). (Dkt. #1). Five of the six defendants named in the Complaint are located outside the United States. See Complaint 10-15. Pursuant to Federal Rule of Civil Procedure 4(m) and Local Rule 4.1, absent good cause, service of process shall be effected on any defendant located within

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the United States within 120 days. See Fed. R. Civ. P. 4(m); Local Rule 4.1. The 120-day time limit does not apply, however, to service on a defendant located in foreign country and served pursuant to Federal Rule of Civil Procedure 4(f). Id. (providing that subdivision 4(m) (Time Limit for Service) does not apply to service in a foreign country under Rule 4(f)). The SEC has effected service of process on all six Defendants. The SEC has filed proofs of service for three Defendants, including the lone Defendant with an address in the United States, and is in the process of preparing proofs of service for the remaining three Defendants, which are all located abroad and were served by the SEC pursuant to Federal Rule of Civil Procedure 4(f) (Serving an Individual in a Foreign Country). The SEC effected service of process on the lone Defendant with an address in the United States, Spencer Pharmaceutical Inc., on December 28, 2012, and filed a proof of service with the Court that same day. (Dkt. #4). The SEC effected service of process on Defendants Maximilien Arella (Laval, Quebec) and Ian Morrice (Ottawa, Ontario) via international registered mail on January 21, 2013, and January 23, 2013, respectively, and filed proofs of service on January 30, 2013. (Dkts. #5, 6).1 Finally, the SEC effected service of process on the three remaining Defendants Jean-Franois Amyot, IAB Media Inc., and Hilbroy Advisory Inc. in the Bahamas on April 8, 2013, via personal service on Defendant Amyot. The SEC is in the process of obtaining executed proofs of service for these three defendants from the process server and will file the proofs of service with the Court as soon as they are prepared.

1 Defendants Arella and Morrice have since filed answers with the Court. (Dkts. #7, 8).

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Defendants Proceeding Pro Se In advance of the scheduling conference scheduled for April 30, 2013, the SEC also respectfully provides notice that it understands that one or more of the Defendants are proceeding pro se in this matter, at least initially. Accordingly, pursuant to Footnote 3 of the Courts Notice of Scheduling Conference (Dkt. # 9), the SEC anticipates that the parties will not file a joint statement pursuant to Local Rule 16.1 prior to the scheduling conference.

Respectfully submitted,

/s/ James R. Drabick James R. Drabick (Mass. Bar No. 667460) Enforcement Counsel Attorney for Plaintiff SECURITIES AND EXCHANGE COMMISSION 33 Arch Street, 23rd Floor Boston, MA 02110 (617) 573-4535 (617) 573-4590 (fax) drabickj@sec.gov Dated: April 16, 2012

CERTIFICATE OF SERVICE I, James R. Drabick, hereby certify that a true copy of the above document was filed electronically with the Court through the Courts Electronic Case Filing (ECF) system and was served upon each party appearing pro se and the attorney of record for each other party by mail on April 16, 2013. /s/ James R. Drabick James R. Drabick