Securities and Exchange Commission v. Arcturus Corporation et al

Filing 109

Memorandum Opinion and Order: A hearing on the SEC's 79 Motion for Remedies and Motion for Entry of Final Judgment is set for 8/23/2016 at 10:00 a.m. The Court orders the attorneys and their clients to be present for this hearing. (Ordered by Judge Ed Kinkeade on 7/19/2016) (rekc)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
ARCTURUS CORPORATION,
ASCHERE ENERGY, LLC,
LEON ALI PARVIZIAN, ALFREDO
ALFREDO GONZALEZ,
AMG ENERGY, LLC,
ROBERT J. BALUNAS, and
R. THOMAS & CO., LLC,
Defendants.

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Civil Action No. 3:13-CV-4861-K

MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff Securities and Exchange Commission’s (“SEC”)
Motion for Remedies and Motion for Entry of Final Judgment (Doc. No. 79). The
Court concludes a hearing would be helpful in determining the appropriateness of
remedies sought by the SEC. The Court will unquestionably consider all evidence
submitted in support of the motion, the responses, and the reply, but the Court
would like to hear arguments from the parties as to the SEC’s calculations related to
disgorgement, penalties and interest are incorrect.
A hearing on the SEC’s Motion for Remedies and Motion for Entry of Final
Judgment is set for Tuesday, August 23, 2016 at 10:00 a.m. For this hearing, the

Court allots 30 minutes to the SEC for its argument and 10 minutes to each of the
following Defendant groups for their arguments: (1) Arcturus Corporation, Aschere
Energy, LLC, and Leon Ali Parvizian (collectively “the Parvizian Defendants”);
(2) Alfredo

Gonzalez

and

AMG

Energy,

LLC

(collectively

“the

Gonzalez

Defendants”); and (3) Robert J. Balunas and R. Thomas & Co., LLC (collectively
“the Balunas Defendants”). The Court orders the attorneys and their clients to be
present for this hearing.
SO ORDERED.
Signed July 19th, 2016.
______________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE