Order: In the Matter of Axcess Automation LLC et al.

Order



IN THE MATTER OF THE SECURITIES ACT,
R.S.O. 1990, c. S.5 AS AMENDED

- AND -

IN THE MATTER OF AXCESS AUTOMATION LLC,
AXCESS FUND MANAGEMENT, LLC, AXCESS FUND, L.P.,
GORDON ALAN DRIVER, DAVID RUTLEDGE, STEVEN M. TAYLOR AND
INTERNATIONAL COMMUNICATION STRATEGIES

O R D E R
(Subsections 127(1) and (8))



WHEREAS on April 15, 2009, the Ontario Securities Commission (the “Commission”) made an order pursuant to sections 127(1) and (5) of the Securities Act, R.S.O. 1990, c. S.5., as amended (the “Securities Act”) in respect of Axcess Automation LLC (“Axcess Automation”), Axcess Fund Management, LLC (“Axcess Fund Management”), Axcess Fund, L.P. (“Axcess Fund”), Gordon Alan Driver (“Driver”) and David Rutledge (“Rutledge”) that all trading in securities by them cease, and that any exemptions contained in Ontario securities law do not apply to them;

AND WHEREAS on April 29, 2009, with the consent of Axcess Automation, Axcess Fund Management, Axcess Fund, Driver and Rutledge, the Commission continued the April 15, 2009 order until October 15, 2009, and ordered that the matter return before the Commission on October 14, 2009 at 10:00 a.m. or such other time as set by the Secretary’s Office;

AND WHEREAS on October 2, 2009, the Commission made an order pursuant to sections 127(1) and (5) of the Securities Act in respect of Steven M. Taylor (“Taylor”) and International Communication Strategies (“ICS”) that all trading in securities by Taylor and ICS cease, and that any exemptions contained in Ontario securities law do not apply to Taylor and ICS;

AND WHEREAS on October 14, 2009, with the consent of Axcess Automation, Axcess Fund Management, Axcess Fund, Driver and Rutledge, and upon hearing submissions from Staff of the Commission (“Staff”), Taylor on his own behalf and on behalf of ICS, no one appearing for Axcess Automation, Axcess Fund Management, Axcess Fund, Driver and Rutledge, the Commission continued the April 29 and October 2, 2009 orders until April 14, 2010 and ordered that this matter return before the Commission on April 13, 2010 at 10:00 a.m. or such other time as set by the Secretary’s Office;

AND WHEREAS the Commission held a Hearing on April 13, 2010, where Taylor attended in person on his behalf and on behalf of ICS, where counsel for Staff attended in person, and where no one appeared for Axcess Automation, Axcess Fund Management, Axcess Fund, Driver and Rutledge;

AND WHEREAS Staff advised that Axcess Automation, Axcess Fund Management, Axcess Fund, Driver and Rutledge consent to a continuation of the order dated October 14, 2009 until August 16, 2010;

AND WHEREAS Taylor opposed the continuation of the order dated October 14, 2009;

AND WHEREAS the Commission is of the opinion that it is in the public interest to make this order;

IT IS ORDERED THAT:

  1. the October 14, 2009 order is continued until August 16, 2010 or until further order of the Commission;
  2. this matter shall return before the Commission on August 13, 2010 at 10:00 a.m. or such other time as set by the Secretary’s Office.

 

DATED at Toronto this 13th day of April 2010.

 

" Carol S. Perry "
Carol S. Perry