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shortsinthesand

02/23/07 3:13 AM

#469 RE: tooniverse #468

SEC wins massive summary judgment against USXP, Altomare and Gunderson
Date Filed # Docket Text

02/21/2007 172 OPINION AND ORDER re: 127 MOTION for Partial Summary Judgment. filed by Chris G. Gunderson, Richard A. Altomare, Universal Express, Inc., 119 MOTION for Summary Judgment filed by Mark S. Neuhaus, 115 MOTION for Summary Judgment filed by George J. Sandhu, 123 MOTION for Summary Judgment Against USXP, Altomare and Gunderson. filed by U.S. Securities and Exchange Commission, 113 MOTION for Summary Judgment Against Mendiratta filed by U.S. Securities and Exchange Commission, 128 MOTION for Summary Judgment Against Sandhu filed by U.S. Securities and Exchange Commission. For the Foregoing reasons, the SEC's motion for partial summary judgment against the Organizational Defts (doc.#123) is granted on all claims, and the Organizational Defts' Cross Motion (doc. #127) is denied; the SEC's motion for summary judgment against Neuhaus (doc. #135) is granted as to Section 5 liability, but otherwise denied; and all the other motions for summary judgment (docs. # 113,115,119,128 ) are denied. Plaintiff is directed to submit an updated proposed order of remedies as to defts Universal Express, Altomare and Gunderson, within ten days of the date of this order. SO ORDERED. (Signed by Judge Gerard E. Lynch on 2/21/2007) (jar) (Entered: 02/22/2007)


https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?883031934198508-L_353_0-1

CONCLUSION

For all the foregoing reasons, the SEC’s motion for partial summary judgment against the Organizational Defendants (doc. #123) is granted on all claims, and the Organizational Defendants’ cross-motion (Doc. #127) is denied.; the SEC’s motion for summary judgment against Neuhaus (doc. #135) is granted as to Section 5 liability, but otherwise denied; and all the other motions for summary judgment ( docs. # 113, 115, 119, 128 ) are denied. Plaintiff is directed to submit an updated proposed order of remedies as to defendants Universal Express, Altomare, and Gunderson, within ten days of the date of this order.

SO ORDERED,

Dated: New York, New York
February 21, 2007


GERARD E. LYNCH
United States District Judge
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proteinspike

03/01/07 9:54 PM

#492 RE: tooniverse #468