Securities and Exchange Commission v. Aequitas Management, LLC et al

Filing 417

ORDER: Adopting the Magistrate's Findings and Recommendation 336 . Defendant Gillis's Motion to Dismiss 172 is Denied. Signed on 4/20/17 by Judge Marco A. Hernandez. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON SECURITIES AND EXCHANGE COMISSION, Plaintiff, No. 3:16-cv-00438-PK ORDER v. AEQUITAS MANAGEMENT, LLC; AEQUITAS HOLDINGS, LLC; AEQUITAS COMMERCIAL FINANCE, LLC; AEQUITAS CAPITAL MANAGEMENT, INC.; AEQUITAS INVESTMENT MANAGEMENT, LLC; ROBERT J. JESENIK; BRIAN A. OLIVER; and N. SCOTT GILLIS, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Paul Papak issued a Findings and Recommendation [336] on January 9, 2017, in which he recommends that the Court deny Defendant Gillis’s Motion to Dismiss [172]. Because neither party timely filed an objection to the Magistrate Judge’s Findings and Recommendation, I am relieved of my obligation to review the record de novo. United States v. 1 – ORDER Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error. CONCLUSION The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [336]. Accordingly, Defendant Gillis’s Motion to Dismiss [172] is DENIED. IT IS SO ORDERED. DATED this day of , 2017. ____________________________________ MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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