That's in reference to the Ashe, 992 case, not the Treaty and gang of cons case.
The Judge says about the gang of cons that they " failed to raise any factual issues at all"
And from the SEC that the Judge excepted as fact... There only defence is "it did not happen" without anything to support that claim.
The substance of Defendants’ argument in support of their motion for summary judgment begins on the last page of their memorandum, after noting that they “will not belabor the issue.” Defendants address the SEC’s claims in three paragraphs, each essentially restating the claim and ending simply with the phrase “That did not happen.” (Rec. Doc. 74-1, p. 25)
Rather than respond with evidence of specific facts creating a genuine issue for trial, the SEC argues in opposition that Defendants failed to meet their burden as movants because they merely deny that the alleged violation occurred. (Rec. Doc. 82, p. 4) Furthermore, the SEC asks the Court to “disregard all uncited allegations contained in Defendants’ brief and the accompanying ‘Statement of Uncontested Facts,’ which are not supported by a single citation to the evidence.” (Rec. Doc. 82, p. 2)
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