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Securities and Exchange Commission v. Faiz M. Chowdhury et al, 8:23-cv-01741, No. 32 (C.D.Cal. Jan. 24, 2024)
Motion for Protective Order
Confidential Information produced or obtained through initial disclosures or other discovery in this litigation, or during the Commission’s pre-filing investigation relating to the subject of this litigation, shall be maintained as confidential and shall not be disclosed without the consent of the producing party or the individual whose personal information is at issue or pursuant to further court order, except that Confidential Information may be disclosed without consent or order to the following: (a) the parties to this action, their counsel, counsel’s support personnel, and other Commission personnel; (b) consultants, expert witnesses, and vendors retained for this litigation, provided such persons complete a stipulated compliance certification; (c) persons who prepared or compiled the Confidential Information or received the Confidential Information prior to the date of this Protective Order; (d) witnesses (or their counsel) noticed for deposition or designated as a trial witnesses, or who are expected to be so noticed or designated, to the extent reasonably necessary to prepare for or conduct their testimony or to review the transcript of their depositions; (e) other individuals believed to have information relevant to this litigation, to the extent disclosure has been determined by counsel to be reasonably necessary for the prosecution or defense of this matter; (f) judges, magistrate judges, mediators, court reporters, and other court-related personnel involved with this matter, subject to Fed. R. Civ.
P. 5.2 and any other applicable limitation on disclosure of confidential information in judicial proceedings, and (g) federal, state, and local law enforcement agencies.
In the event additional parties are joined in this litigation, they shall not be provided access to Confidential Information until they have each executed and filed a statement agreeing to be bound by this Protective Order.
Any party may move the Court for an order that Confidential Information be reviewed in camera or under other conditions to prevent unnecessary disclosure.
Upon final termination of this Action, including all appeals, each party shall make reasonable efforts to destroy all Confidential Information received during discovery.
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Securities and Exchange Commission v. Faiz M. Chowdhury et al, 8:23-cv-01741, No. 32 (C.D.Cal. Jan. 24, 2024)
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Securities and Exchange Commission v. Integrated National Resources, Inc. et al, 8:23-cv-00855, No. 204 (C.D.Cal. Jan. 19, 2024)
The Investigation Materials contain personal identifying information, including home addresses, Social Security numbers, bank account data, and dates of birth of numerous individuals and entities, including investors and other individuals and entities who are not parties to this action.
The parties further acknowledge that entry of the protective order does not create an entitlement or an obligation to file confidential information under seal.
Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.
Upon notice of this stipulation, the reporter, who shall be bound by the terms of this protective order, shall designate the appropriate sections of the transcript by marking the pages with the words “CONTAINS CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE ORDER.” In the absence of a stipulation, the party seeking to designate a portion of the transcript “Confidential” may, after meeting and conferring, file a motion with the Court under Local Rule 37-1 or Judge Scott’s online informal telephonic conference procedures and shall bear the burden of persuasion with respect to that motion.3 Within 90 days of the conclusion of this action, Defendants and their counsel shall destroy all documents containing confidential information.
1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 For purposes of this stipulation and the proposed protective order, “counsel” includes any attorney, paralegal, support staff, retained expert, or vendor assisting counsel of record in this action.
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Securities and Exchange Commission v. Integrated National Resources, Inc. et al, 8:23-cv-00855, No. 204 (C.D.Cal. Jan. 19, 2024)
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Securities and Exchange Commission v. Yin et al, 1:17-cv-00972, No. 397 (S.D.N.Y. Jan. 17, 2024)
Motion to Continue
For good cause shown IT IS HEREBY ORDERED that the Court’s Order of November 6, 2024 (ECF No. 385) and modified on December 11, 2024 (ECF No. 387) is further modified as follows: 1.
Opening briefs as to ownership of the account in the name of relief defendant Yan Zhou are due Monday, April 22, 2024; 2.
Responsive briefs as to ownership of the account in the name of relief defendant Yan Zhou are due Monday, May 27, 2024; and 3.
This Order does not modify the dates as to briefing related to the accounts in the names of the other relief defendants.
United States District Judge
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Securities and Exchange Commission v. Yin et al, 1:17-cv-00972, No. 397 (S.D.N.Y. Jan. 17, 2024)
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Securities and Exchange Commission v. Yin et al, 1:17-cv-00972, No. 393 (S.D.N.Y. Jan. 16, 2024)
WHEREAS, on March 8, 2022, the Court granted the motion of Relief Defendant Lizhao Su to modify the preliminary injunction to release funds in the amount of $200,000, held in Interactive Brokers account no. UXXX9828 (Lizhao Su), to allow Ms. Su to pay for certain medical expenses.
Yin”) now is incurring medical expenses, and respectfully requests that the Court allow him to access the same funds previously released to Lizhao Su to pay for his medical expenses.
WHEREFORE, upon consideration of the record in this case and the application of Relief Defendant Z. Yin to Modify the Preliminary Injunction to Release Funds for Medical Costs, IT IS HEREBY ORDERED that the Court’s order of March 8, 2022 (ECF No. 291) is modified as follows:
Mr. Z. Yin shall account to the SEC, through his counsel, on a monthly basis for the expenditure of these funds by providing documentation of Mr. Z. Yin’s medical expenses (including the invoices and payment detail for all such expenses).
Subject to the changes above, the Court’s March 8, 2022 order (ECF No. 291) remains in effect.
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Securities and Exchange Commission v. Yin et al, 1:17-cv-00972, No. 393 (S.D.N.Y. Jan. 16, 2024)
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Securities and Exchange Commission v. Pacific West Capital Group, Inc. et al, 2:15-cv-02563, No. 608 (C.D.Cal. Dec. 28, 2023)
Motion for Judgment
The Court, having considered all of the evidence and arguments presented by the parties with regard to the SEC’s Renewed Motion for Summary Judgment, the Memorandum of Points and Authorities and the other documents filed in support of and in opposition the SEC’s
Defendant shall satisfy these obligations by paying the total disgorgement and civil penalty to the Securities and Exchange Commission within 30 days after entry of this Final Judgment.
Defendant may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Moody as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.
The Commission shall hold the funds, together with any interest and income earned thereon (collectively, the “Fund”), pending further order of the Court.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
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Securities and Exchange Commission v. Pacific West Capital Group, Inc. et al, 2:15-cv-02563, No. 608 (C.D.Cal. Dec. 28, 2023)
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Securities and Exchange Commission v. Pacific West Capital Group, Inc. et al, 2:15-cv-02563, No. 600 (C.D.Cal. Dec. 12, 2023)
Motion for Judgment
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants are permanently restrained and enjoined from violating Section 15(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78o(a)] by making use of the mails or any means or instrumentality of interstate commerce to effect any transactions in, or to induce or attempt to induce the purchase or sale of, any security, without being registered as a broker and/or dealer pursuant to Section 15(b) of the Exchange Act [15 U.S.C. § 78o(b)] or while Defendants are not associated with an entity registered with the Commission as a broker or dealer.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants are jointly and severally liable for disgorgement of $219,333.33, 1 2 3 4 5 6 7 8 9 representing net profits gained as a result of the conduct alleged in the Complaint, and that Cannon shall pay a civil penalty in the amount of $15,000.00 pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)].
Defendants shall satisfy these obligations by paying the total disgorgement and Cannon’s civil penalty to the Securities and Exchange Commission within 30 days after entry of this Final Judgment.
Defendants may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Cannon and Century Point as defendants in this action; and specifying that payment is made pursuant to this Final Judgment.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREEDthatthis Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
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Securities and Exchange Commission v. Pacific West Capital Group, Inc. et al, 2:15-cv-02563, No. 600 (C.D.Cal. Dec. 12, 2023)
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Securities and Exchange Commission v. Pedram Abraham Mehrian et al, 2:23-cv-08009, No. 17 (C.D.Cal. Dec. 1, 2023)
... Fernando M. Olguin, United States District Judge Present: The Honorable Vanessa Figueroa None Present Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None ...
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Securities and Exchange Commission v. Pedram Abraham Mehrian et al, 2:23-cv-08009, No. 17 (C.D.Cal. Dec. 1, 2023)
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Securities and Exchange Commission v. Susoeff et al, 2:23-cv-00173, No. 18 (D.Nev. Nov. 22, 2023)
Motion to Extend TimeGranted
Pursuant to LR IA 6-1, Plaintiff Securities and Exchange Commission (“SEC”), and Defendants STEVEN J. SUSOEFF and STEVE SUSOEFF, LLC (hereinafter collectively referred to as “Defendants”) (collectively, the “Parties”), by and through their undersigned counsel of record, hereby request and stipulate to the entry of an order to extend the SEC’s time to respond to the Defendants’ Motion for Summary Judgment (ECF No. 14), and set a briefing schedule on the SEC’s response, and Defendants’ Reply.
Defendants filed their Motion for Summary Judgment on November 17, 2023, prior to the discovery deadline.
Due to the relationship of both Motions and the intervening Thanksgiving holiday, the SEC needs more time to respond to both Motions.1 In addition, the deposition of the Defendants’ expert rebuttal witness occurred after the discovery cut-off due to scheduling issues.
The Defendants do not oppose such a request, but need additional time to file their Reply to the SEC’s Response to the Defendants’ Motion for Summary Judgment due to the upcoming holidays in December and January.
2On November 1, 2023, Mr. Miller and Mr. Canter filed a motion to appear in this district as government attorneys that is still pending with the Court.
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Securities and Exchange Commission v. Susoeff et al, 2:23-cv-00173, No. 18 (D.Nev. Nov. 22, 2023)
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Securities and Exchange Commission v. Susoeff et al, 2:23-cv-00173, No. 17 (D.Nev. Nov. 20, 2023)
Motion to Extend TimeGranted
Pursuant to LR IA 6-1, Plaintiff Securities and Exchange Commission (“SEC”), and Defendants STEVEN J. SUSOEFF and STEVE SUSOEFF, LLC (hereinafter collectively referred to as “Defendants”) (collectively, the “Parties”), by and through their undersigned counsel of record, hereby request and stipulate to the entry of an order to extend the SEC’s time to respond to the Defendants’ Motion to Exclude the Expert Report, Opinions, and Testimony of Dr. Evgeny (Eugene) Orlov (ECF No. 11) and set a briefing schedule on the SEC’s response1.
Defendants filed their Motion for Summary Judgment on November 17, 2023 (ECF No. 14), prior to the discovery deadline.
In addition, the deposition of the Defendants’ expert rebuttal witness occurred after the discovery cut-off due to scheduling issues.
The Parties have agreed to the following briefing schedule: • December 22, 2023—deadline to for SEC to file Responses to both Motions 7.
3On November 1, 2023, Mr. Miller and Mr. Canter filed a motion to appear in this district as government attorneys that is still pending with the Court.
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Securities and Exchange Commission v. Susoeff et al, 2:23-cv-00173, No. 17 (D.Nev. Nov. 20, 2023)
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Securities and Exchange Commission v. Pedram Abraham Mehrian et al, 2:23-cv-08009, No. 13 (C.D.Cal. Nov. 7, 2023)
... Fernando M. Olguin, United States District Judge Present: The Honorable Vanessa Figueroa None Present Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None ...
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Securities and Exchange Commission v. Pedram Abraham Mehrian et al, 2:23-cv-08009, No. 13 (C.D.Cal. Nov. 7, 2023)
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Securities and Exchange Commission et al v. Perez, et al, 2:23-cv-08079, No. 14 (C.D.Cal. Oct. 11, 2023)
Motion for Judgment
The Securities and Exchange Commission having filed a Complaint and Defendant Olivia Perez Durbin having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph V); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $34,867.17, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $3,771.11.
The Court finds that sending the disgorged funds to the United States Treasury, as ordered below, is consistent with equitable principles.
Defendant may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Account Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Olivia Perez Durbin as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
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Securities and Exchange Commission et al v. Perez, et al, 2:23-cv-08079, No. 14 (C.D.Cal. Oct. 11, 2023)
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Securities and Exchange Commission et al v. Perez, et al, 2:23-cv-08079, No. 12 (C.D.Cal. Oct. 11, 2023)
Motion for Judgment
The Securities and Exchange Commission having filed a Complaint and Defendant Marco A. Perez having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Judgment; waived findings of fact and conclusions of law; and waived any right to appeal from this Judgment:
to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a).
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and a civil penalty pursuant to Section 21A of the Exchange Act [15 U.S.C. § 78u-1].
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Judgment.
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Securities and Exchange Commission et al v. Perez, et al, 2:23-cv-08079, No. 12 (C.D.Cal. Oct. 11, 2023)
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Securities and Exchange Commission et al v. Perez, et al, 2:23-cv-08079, No. 13 (C.D.Cal. Oct. 11, 2023)
Motion for Judgment
The Securities and Exchange Commission having filed a Complaint and Defendant Pedro Perez, Jr. having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph VII); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable for disgorgement of $127,142.32, representing net profits gained as a result of the conduct alleged in the Complaint, together with prejudgment interest thereon in the amount of $14,109.47.
The Court finds that sending the disgorged funds to the United States Treasury, as ordered below, is consistent with equitable principles.
Defendant may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Account Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Pedro Perez, Jr. as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
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Securities and Exchange Commission et al v. Perez, et al, 2:23-cv-08079, No. 13 (C.D.Cal. Oct. 11, 2023)
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Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 117 (D.Nev. Sep. 25, 2023)
Counsel for Defendants JanOne Inc. and Virland A. Johnson ("JanOne Defendants") hereby move this Court for leave to allow Nicolas Morgan, Esq. ("Mr. Morgan"), of the law firm of Paul Hastings LLP1, to virtually attend the October 2, 2023 hearing on the Motion to Withdraw as Counsel of Record [ECF No. 106] based upon the following:
701 S. 7th Street Las Vegas, NV 89101 702.786.1001 Ms. Tapper was admitted pro hac vice on October 18, 2021.
Due to the cost and time associated with travel, Mr. Morgan requests leave to virtually attend the October 2, 2023 hearing.
For these reasons, Counsel respectfully requests that the Court grant this Motion, and enter an Order permitting Mr. Morgan to virtually attend the October 2, 2023 hearing.
701 S. 7th Street Las Vegas, NV 89101 Telephone: 702.786.1001 Facsimile: 702.786.1002 Attorneys for Defendants JANONE INC and VIRLAND A. JOHNSON 9-25-2023 2 Mr. Zaccaro was formally with the law firm of Paul Hastings LLP and is now with the law firm of Hueston Hennigan LLP ("Heuston Hennigan").
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Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 117 (D.Nev. Sep. 25, 2023)
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Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 114 (D.Nev. Sep. 20, 2023)
Motion to Appear Pro Hac ViceGranted
... 06/15/2020 06/03/2022 1048997 None 2 Case 2:21-cv-01433-JCM-VCF Document 111 Filed 09/14/23 Page 3 of 7Case 2:21-cv-01433-JCM-VCF Document 114 Filed 09/20/23 Page 3 of 7 None Washington DC Maryland None ...
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Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 114 (D.Nev. Sep. 20, 2023)
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