UNITED STATES OF AMERICA

before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934

Release No. 99738 / March 14, 2024

Admin. Proc. File No. 3-21302

In the Matter of 

EMILIO BARRERA, JR., A/K/A MIKE BARRERA

ORDER GRANTING EXTENSION OF TIME

On February 14, 2023, the Securities and Exchange Commission issued an order 

instituting administrative proceedings (“OIP”) against Emilio Barrera, Jr., a/k/a Mike Barrera,

pursuant to Section 15(b) of the Securities Exchange Act of 1934.1 The OIP was served on 

Barrera, but he did not file an answer. The Commission issued an order requiring Barrera to 

show cause why he should not be deemed to be in default and why this proceeding should not be 

determined against him due to his failure to file an answer and to otherwise defend this 

proceeding.2 If Barrera did not file a response, the order required the Division of Enforcement to 

file a motion for entry of an order of default and the imposition of remedial sanctions.

3

 The 

Commission subsequently issued an order directing the Division to file such a motion by March 

19, 2024.4 The Division has now requested a 60-day extension of this deadline.

It appears appropriate to grant an extension for good cause shown.

5

 Therefore, it is 

ORDERED that the time for the Division to file its motion for entry of an order of default and 

the imposition of remedial sanctions is extended to May 20, 2024.6 The parties may file 

1 Emilio Barrera, Jr., Exchange Act Release No. 96913, 2023 WL 2012383 (Feb. 14, 

2023). 

2 Emilio Barrera, Jr., Exchange Act Release No. 98800, 2023 WL 7075800, at *1 (Oct. 26, 

2023). 

3

Id.

4 Emilio Barrera, Jr., Exchange Act Release No. 99563, 2024 WL 707440 (Feb. 20, 2024).

5

See Rule of Practice 161(a), 17 C.F.R. § 201.161(a) (requiring good cause showing for 

extensions); see also In re Pending Administrative Proceedings, Exchange Act Release No. 

88415, 2020 WL 1322001 (Mar. 18, 2020) (providing that, pending further order of the

Commission, reasonable requests for extensions of time will not be disfavored under Rule 161 

(citing 17 C.F.R. § 201.161(b)(1)).

6 May 18 and May 19, 2024, fall on a weekend.
2

opposition and reply briefs within the deadlines provided by the Rules of Practice.7 The failure 

to timely oppose a dispositive motion is itself a basis for a finding of default;8it may result in the 

determination of particular claims, or the proceeding as a whole, adversely to the non-moving 

party and may be deemed a forfeiture of arguments that could have been raised at that time.9

7

See Rules of Practice 154, 160, 17 C.F.R. §§ 201.154, .160. 

8

See Rules of Practice 155(a)(2), 180(c), 17 C.F.R. §§ 201.155(a)(2), .180(c); see, e.g., 

Behnam Halali, Exchange Act Release No. 79722, 2017 WL 24498, at *3 n.12 (Jan. 3, 2017). 

9

See, e.g., McBarron Capital LLC, Exchange Act Release No. 81789, 2017 WL 4350655, 

at *3-5 (Sep. 29, 2017); Bennett Grp. Fin. Servs., LLC, Exchange Act Release No. 80347, 2017 

WL 1176053, at *2-3 (Mar. 30, 2017), abrogated in part on other grounds by Lucia v. SEC, 138 

S. Ct. 2044 (2018); Apollo Publ’n Corp., Securities Act Release No. 8678, 2006 WL 985307, at 

*1 n.6 (Apr. 13, 2006).
3

The parties’ attention is directed to the e-filing requirements in the Rules of Practice.10 

We also remind the parties that any document filed with the Commission must be served upon all 

participants in the proceeding and be accompanied by a certificate of service.11

For the Commission, by the Office of the General Counsel, pursuant to delegated 

authority.

Vanessa A. Countryman

Secretary

10 See Rules of Practice 151, 152(a), 17 C.F.R. §§ 201.151, .152(a) (providing procedure for 

filing papers with the Commission and mandating electronic filing in the form and manner 

posted on the Commission’s website); Instructions for Electronic Filing and Service of 

Documents in SEC Administrative Proceedings and Technical Specifications, 

https://www.sec.gov/efapdocs/instructions.pdf. Parties generally also must certify that they have 

redacted or omitted sensitive personal information from any filing. Rule of Practice 151(e), 

17 C.F.R. § 201.151(e).

11 See Rule of Practice 150, 17 C.F.R. § 201.150 (generally requiring parties to serve each 

other with their filings); Rule of Practice 151(d), 17 C.F.R. § 201.151(d) (“Papers filed with the 

Commission . . . shall be accompanied by a certificate stating the name of the person or persons 

served, the date of service, the method of service, and the mailing address or email address to 

which service was made, if not made in person.”).