Judge Catherine C. Blake of the U.S. District Court for the District of Maryland issued an order on October 21, 2010 denying the SEC's motion for summary judgment in the SEC's civil case brought against Mark Kaiser, the former head of marketing at U.S. Foodservice Inc. (Order). Judge Blake's decision was based on the recent dismissal of a criminal conviction of Kaiser for accounting fraud because the summary judgment motion had been premised on the collateral estoppel effect of that criminal conviction. The U.S. Court of Appeals for the Second Circuit vacated Kaiser’s conviction and remanded the case to the U.S. District Court for the Southern District of New York after the SEC’s motion had been filed.