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)

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