Securities and Exchange Commission v. Art Intellect et al

Filing 174

ORDER AND MEMORANDUM DECISION denying 156 Motion for Leave to Appeal. Signed by Judge Tena Campbell on 2/13/12 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

ORDER & MEMORANDUM
DECISION

vs.

ART INTELLECT, INC., et al.,

Case No. 2:11-CV-357-TC

Defendants.

Defendants Patrick Brody and Laura Roser have filed a Petition to Appeal the court’s
Preliminary Injunction Order and Civil Contempt Order. For the reasons set forth below, the
Petition is DENIED.
First, Mr. Brody and Ms. Roser do not need permission to appeal the Preliminary
Injunction Order to the Tenth Circuit.
Although our jurisdiction normally extends only to appeals from “final decisions”
of district courts, see 28 U.S.C. § 1291, there are exceptions to the final judgment
rule. A statutory exception permits immediate appeal of certain specified
“interlocutory decisions.” 28 U.S.C. § 1292. . . . Orders granting or denying
preliminary injunctions are among the types of interlocutory orders that are
immediately appealable under 28 U.S.C. § 1292.
Crowe & Dunlevy, P.C. v. Stidham, 640 F.3d 1140, 1147 (10th Cir. 2011).
Second, although permission to appeal the Order of Contempt is required, the court finds
that appeal of that order would be premature. The court has yet to determine whether Ms. Roser

and Mr. Brody have purged themselves of contempt, and, consequently, has not imposed any
sanction on Mr. Brody or Ms. Roser.
ORDER
For the foregoing reasons, Defendants Laura Roser’s and Patrick Brody’s Petition for
Permission to Appeal (Docket No. 156) is DENIED.
DATED this 13TH day of February, 2012.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

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