S.E.C. v. Tecumseh Holdings, et al

Filing 103

OPINION AND ORDER: 983836 For the aforementioned reasons, the SEC's motion for summary judgment is granted with respect to its claim that Milling violated Section 5 and is denied with respect to its claim that Milling aided and abetted a violati on of Section 17(a). Because the evidence before this Court is insufficient to demonstrate that Milling substantially aided Cantor's alleged violation of Section 17(a), the SEC is directed to inform the Court if it intends to introduce any other evidence in support of its claim that Milling should be held liable for aiding and abetting a violation of Section 17(a). The SEC is also directed to introduce evidence demonstrating when Tecumseh received funds from each of its offerings so that th is Court can determine the pre-judgment interest owed by Milling, and to notify Milling of the submitted evidence so that he has an opportunity to respond. The Clerk of Court is directed to close this motion (Docket No. 93). (Signed by Judge Shira A. Scheindlin on 12/22/2009) (jpo) Modified on 12/23/2009 (ajc).