October 28, 2020 BY ECF Hon. Cheryl L. Pollak C

October 28, 2020
BY ECF
Hon. Cheryl L. Pollak
Chief United States Magistrate Judge
United States District Court for the Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201
Re: SEC v. Michael J. Starkweather and Andiamo Corp., 19-cv-5528 (LDH) (CLP)
Dear Judge Pollak:
Plaintiff Securities and Exchange Commission (the “Commission”) respectfully submits this
status report pursuant to the Court’s Order dated September 2, 2020 (ECF Doc. No. 21).
Defendants Michael J. Starkweather (“Starkweather”), who appears pro se in this action, and
Andiamo Corporation (“Andiamo”), which has not entered a formal appearance, do not join
in this letter.
With respect to Andiamo, on January 24, 2020, the Clerk of Court issued a Certificate of
Default (Doc. No. 10) at the Commission’s request, after Andiamo had failed to timely
respond to the Complaint. After receiving information and several informal document
productions from Andiamo through its representative, Commission counsel engaged in
settlement discussions with the company. On approximately September 14, 2020,
Commission counsel and Andiamo reached a settlement in principle and, on September 25,
2020, Andiamo provided us with signed settlement papers. We are prepared to seek
authorization from the five-member Commission for the settlement once Andiamo has
placed an agreed-upon sum in escrow pending Commission and Court review of the
settlement. We have further requested that Andiamo confirm that the funds have been
placed in escrow by Friday, October 30, 2020, and made clear to Andiamo that we reserve
the right to withdraw the settlement offer if the funds have not been escrowed by that date.
With respect to Starkweather, as our last status letter stated, Commission counsel and
Starkweather reached a settlement in principle in August. We hope to seek Commission
authorization for the settlements in principle with both Starkweather and Andiamo at the
same time. We therefore intend to begin the process of seeking Commission authorization
for the settlements, a process that we anticipate will take five to six weeks, next week, if
Andiamo has escrowed the agreed-upon funds by Friday. If Andiamo has not done so, we
intend to begin the process of seeking Commission authorization for the settlement in
principle with Starkweather alone next week. If the Commission authorizes one or both
settlements, we will promptly submit the proposed consent judgment(s) to Judge DeArcy
Hall for her approval.

Case 1:19-cv-05528-LDH-CLP Document 23 Filed 10/28/20 Page 1 of 2 PageID #: 52
Hon. Cheryl L. Pollak
October 28, 2020
Page 2
The Commission therefore respectfully requests that the Court schedule the next status letter
deadline for Tuesday, January 5, 2021, rather than December 28, 2020, to account for
Commission counsel’s anticipated vacation during the week of December 28.
Respectfully submitted,
/s/ Preethi Krishnamurthy
Preethi Krishnamurthy
Co-Regional Trial Counsel
cc: Michael J. Starkweather (by mail)
Andiamo Corp. (by email to Donald R. Keer, Esq.)
Samuel Jacobson, Esq. (counsel for Starkweather in Un