Securities and Exchange Commission v. Moore

Filing 17

ORDER. THE COURT ORDERS that 12 the Securities and Exchange Commission's Motion for Summary Judgment is GRANTED; THE COURT FURTHER ORDERS that, not later than fifteen days following the entry of this Order, the Securities and Exchange Com mission shall submit proposed findings of fact and conclusions of law, and a proposed judgment granting the four forms of relief requested in its complaint as set forth in Section D of its points and authorities. Signed by Judge Lloyd D. George on 3/31/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SECURITIES AND EXCHANGE
COMMISSION,

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Case No. 2:15-cv-01865-LDG (GWF)
Plaintiff,

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ORDER
v.

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MICHAEL J. MOORE,
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Defendant.
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The plaintiff, Securities and Exchange Commission (SEC), moves for summary

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judgment (ECF No. 12) on its claims that the defendant, Michael J. Moore, violated the

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October 6, 2009 SEC Order permanently suspending him from appearing or practicing

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before the SEC and that he violated SOX Section 105(c)(7)(B). As relief, the SEC

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requested that the Court issue findings of fact and conclusions of law that the defendant

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committed the alleged violations, that the Court issue an order commanding the defendant

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to comply with the October 6, 2009 SEC Order, that the Court issue a judg ment

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permanently enjoining the defendant from violating Section 105(c)(7)(B) of the Sarbanes-

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Oxley Act of 2002, 15 U.S.C. §7215(c)(7)(B), that the Court order the def endant to

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disgorge all ill-gotten gains, that the Court order the defendant to pay a civil penalty

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pursuant to Section 21(d)(3) of the Exchange Act, 15 U.S.C. §78u(d)(3), and that the Court

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retain jurisdiction of this action in order to implement and carry out the terms of orders and

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decrees.

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The Court notified the defendant as to what he was required to do to oppose the
motion. (ECF No. 13).

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The defendant has not opposed the SEC’s motion.

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The Court has reviewed the pleadings, the SEC’s motion and memorandum of

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points and authorities, and the voluminous evidence submitted in support of that motion.

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The Court finds that the SEC has met its burden of showing that it is entitled to summary

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judgment on each of its claims, and is entitled to the relief requested in its complaint as set

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forth in Section D of its memorandum of points and authorities.

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Accordingly,

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THE COURT ORDERS that the Securities and Exchange Commission’s Motion for

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Summary Judgment (ECF No. 12) is GRANTED;
THE COURT FURTHER ORDERS that, not later than fifteen days following the

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entry of this Order, the Securities and Exchange Commission shall submit proposed

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findings of fact and conclusions of law, and a proposed judgment granting the four forms of

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relief requested in its complaint as set forth in Section D of its points and authorities.

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DATED this ______ day of March, 2017.

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Lloyd D. George
United States District Judge

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