Birman Managed Care, Inc., Exchange Act Rel. 59074, December 10, 2008
The proceedings were brought against Birman and Alcar Chemicals Group its purported successor under Exchange Act Section 12(j) to revoke their registrations for delinquent filings. The ALJ revoked their registrations by default. Birman then moved to set aside the default and the ALJ granted the motion. Birman and the Division of Enforcement then jointly moved to amend the Order Instituting Proceedings to remove all references to Alcar because Alcar was not in fact a successor to the Birman that is the subject of the proceeding. This is because there were two separate Birman's with the same name, both of which were incorporated in Delaware and Alcar was a successor to the second Birman. Since the purpose of the motion is to correct a factual error in the OIP it was granted.