United States Securities and Exchange Commission v. Regency Group, L.L.C., The et al

Filing 118

ORDER. Plaintiffs Motion for Summary Judgment as to Defendants Regency Group, LLC; Scott Gelbard; Jeffrey Koslosky; Aaron Lamik; John Coutris; Michael Coutris; and J. Coutris Partners, LP on Claims Three Through Six 53 field 12/30/2009, is DENIED. The Motion for Partial Summary Judgment Filed on Behalf of Defendants The Regency Group, Scott F. Gelbard and Aaron S. Lamkin 56 filed 12/30/2009, is DENIED. By Judge Robert E. Blackburn on 06/30/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00497-REB-BNB UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. THE REGENCY GROUP, LLC, et al, Defendants. ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Blackburn, J. The matters before me are (1) Plaintiff's Motion for Summary Judgment as to Defendants Regency Group, LLC; Scott Gelbard; Jeffrey Koslosky; Aaron Lamik; John Coutris; Michael Coutris; and J. Coutris Partners, LP on Claims Three Through Six [#53]1 field December 30, 2009; and (2) the Motion for Partial Summary Judgment Filed on Behalf of Defendants The Regency Group, Scott F. Gelbard and Aaron S. Lamkin [#56] filed December 30, 2009. I have jurisdiction over this matter pursuant to 15 U.S.C. 77t(d) & 77v(a) (violations of the Securities Act of 1933) and 15 U.S.C. 78u(d), 77u(e), & 78aa (violations of the Securities Exchange Act of 1934). Having reviewed the arguments, authorities, and evidence presented by the parties, it is apparent that there exist genuine issues of material fact as to all claims presented in this lawsuit. Thus, summary judgment is not appropriate. 1 "[#53]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order. THEREFORE, IT IS ORDERED as follows: 1. That Plaintiff's Motion for Summary Judgment as to Defendants Regency Group, LLC; Scott Gelbard; Jeffrey Koslosky; Aaron Lamik; John Coutris; Michael Coutris; and J. Coutris Partners, LP on Claims Three Through Six [#53] field December 30, 2009, is DENIED; and 2. That the Motion for Partial Summary Judgment Filed on Behalf of Defendants The Regency Group, Scott F. Gelbard and Aaron S. Lamkin [#56] filed December 30, 2009, is DENIED Dated June 30, 2010, at Denver, Colorado. BY THE COURT: 2

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