Graddy v. United States Department of Homeland Security et al

Filing 18

ORDER denying post-judgment motions 17 . Signed by Judge D. P. Marshall Jr. on 10/23/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF KATHERINE SUE GRADDY v. No. 4:12-cv-299-DPM UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al. DEFENDANTS ORDER Graddy has filed various post-judgment motions. Document No. 17. Most are based on the Court's decision not to enjoin the Arkansas Securities Department's state-court fraud action against Lend ell Earl Hillhouse, Sr. and Nick Lynn Technologies, Inc. As the Court explained in its 7 September 2012 memorandum opinion and order, Graddy has no standing to pursue those claims. They would fail in any event. The federal statute Graddy relies upon for preemption provides that "the securities commission (or any agency or office performing like functions) of any State shall retain jurisdiction under the laws of such State to investigate and bring enforcement actions ... with respect to fraud or deceit[.]" 15 U.S.C. ยง 77r(c)(1)(A)(i). None of Graddy's other requests has merit. Post-judgment motions, Document No. 17, denied. So Ordered. D.P. Marshall 'fl'O United States District Judge 23 October 2012 -2-

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