Monday, July 03, 2017 12:29:51 PM
I did a LOT of reading on “Summary Disposition” which Judge allowed in case of DBMM.
As per my DD from below links, IMO, it looks like DBMM is going OTC Current VERY SOON.
Do you DD from below link.
What is Summary Disposition ?
An alternative term for “summary judgment,” wherein the court grants judgment on a claim, prior to trial, because there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
So, as per below link, SEC Judge in DBMM case did ALLOW “Summary Disposition”.
https://www.sec.gov/alj/aljorders/2017/ap-4890.pdf
Since when SEC allowing parties to close cases by Summary Disposition ?
Sometime in Mid 2016, SEC amended SEC RULES to allow companies to file 3 types of dispositive motions. One of them is Summary Disposition. Read Below.
Search for “250” or “Rule 250”
http://www.businesslawnews.com/sec-new-administrative-proceedings/
https://www.sec.gov/about/rulesprac072003.htm#250
http://www.lexology.com/library/detail.aspx?g=44f933f4-64e5-407e-8afa-124cf0e38bc5
In below PDF SEC Rules to to page 50 to read “Rule 250”
https://www.sec.gov/rules/final/2016/34-78319.pdf
More about “Motion Practice” in SEC administrative proceedings.
https://bostonbarjournal.com/2014/01/07/litigating-an-sec-administrative-proceeding/
The Rules provide that a motion for summary disposition be granted “if there is no genuine issue with regarding to any material fact and the party making the motion is entitled to a summary disposition as a matter of law.”
Good luck ALL
Go DBMM
$DBMM.
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