Masta:
The Order does not say that RPH presented evidence; it says that RPH referenced the availability of newly-discovered evidence. Big difference.
On page 3, the Order states:
“Defendant Harris contends that he should be allowed to defend the claims in this
action because of the seriousness of the allegations, references the availability of
newly-discovered evidence, and states that he has fully cooperated with the SEC and
has provided records showing no receipt of ill-gotten gains.”
Okay, let’s break that paragraph down:
1. Harris references the availability of newly-discovered evidence.
2. Harris states that he has fully cooperated with the SEC.
3. Harris states that he has provided records showing no receipt of ill-gotten gains.
[These are all things that RPH stated in his Motion, but have not been proven]
Then on page 4, the Order states:
“Defendant Harris furthermore provides no substantive information regarding the nature of the purported newly-discovered evidence he references in his motion. He does not explain how or when the evidence was obtained, the nature of the evidence, or how the evidence impacts the instant litigation. While Defendant states that he has fully cooperated with the SEC and has provided evidence that he did not receive any ill-gotten gains, Defendant does not explain how this fact, even if true,establishes good cause to set aside the entry of default.”
Let’s break that one down:
1. Harris provides no substantive information regarding the nature of the purported newly-discovered evidence. (“purported” – alleged, assumed, supposed, stated, etc.)
2. Harris does not explain how or when the evidence was obtained.
3. Harris does not explain the nature of the evidence.
4. Harris does not explain how the evidence impacts the instant litigation.
[Again, the evidence RPH refers to in his Motion was not presented]