29 Cited authorities

U.S. v. Reyna-Tapia
328 F.3d 1114 (9th Cir. 2003) Cited 15,639 times
Holding a magistrate judge may conduct plea colloquies pursuant to Federal Rule of Criminal Procedure 11 if defendant consents
U.S. v. Howell
231 F.3d 615 (9th Cir. 2000) Cited 1,335 times
Holding that evidence on a motion to suppress is needed "only when the moving papers allege facts" that "enable the trial court to conclude that contested issues of fact exist"
Wang v. Masaitis
416 F.3d 992 (9th Cir. 2005) Cited 1,076 times
Holding that "[t]here [was] no reason to question the de novo review done by" the district court based on an order stating it "reviewed the Petition and other papers along with the attached Report and Recommendation . . . as well as petitioner's objections and respondent's response to petitioner's objections, and has made a de novo determination"
Johnson v. Couturier
572 F.3d 1067 (9th Cir. 2009) Cited 504 times 3 Legal Analyses
Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration
McComb v. Jacksonville Paper Co.
336 U.S. 187 (1949) Cited 1,007 times 5 Legal Analyses
Holding that remedial civil contempt does not require proof of criminal intent
Campbell v. United States Dist. Court
501 F.2d 196 (9th Cir. 1974) Cited 1,438 times
Holding that if no objection is made by either party, the Court may assume the correctness of the magistrate judge's proposed findings of fact and decide the motion on the applicable law
Secu. Exc. Co. v. Plat. Wire. Inte. Co.
617 F.3d 1072 (9th Cir. 2010) Cited 334 times 1 Legal Analyses
Holding that statements of subject intent are irrelevant to the issue of control as a matter of law because "they do not address [the defendant's] power to direct the actions of [the controlled entity] ...."
S.E. C. v. Ralston Purina Co.
346 U.S. 119 (1953) Cited 436 times 8 Legal Analyses
Finding the "imposition of the burden of proof on an issuer who would plead the [private placement] exemption" to be "fair and reasonable" given the "broadly remedial purposes of federal securities regulation"
S.E.C. v. PHAN
500 F.3d 895 (9th Cir. 2007) Cited 256 times 2 Legal Analyses
Holding that the district court erred in disregarding declarations as “uncorroborated and self-serving”
Securities and Exchange Comm. v. Cavanagh
155 F.3d 129 (2d Cir. 1998) Cited 285 times 3 Legal Analyses
Holding nominal defendant wife had no legitimate claim to fraudulent proceeds where "she did not even know she had received the stock, that the stock had been sold, or that $500,000 in proceeds had been transferred to her bank account"
Section 636 - Jurisdiction, powers, and temporary assignment
28 U.S.C. § 636 Cited 515,748 times 41 Legal Analyses
Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 334,280 times 159 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 72 - Magistrate Judges: Pretrial Order
Fed. R. Civ. P. 72 Cited 173,409 times 20 Legal Analyses
Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
Section 77e - Prohibitions relating to interstate commerce and the mails
15 U.S.C. § 77e Cited 1,891 times 26 Legal Analyses
Requiring registration statement before selling securities
Section 77d - Exempted transactions
15 U.S.C. § 77d Cited 473 times 9 Legal Analyses
Exempting "transactions by an issuer not involving any public offering"
Section 77aa - Schedule of information required in registration statement
15 U.S.C. § 77aa Cited 75 times
Filing of audited financial statement prior to registration of new stock issue
Section 240.14a-3 - Information to be furnished to security holders
17 C.F.R. § 240.14a-3 Cited 96 times
Identifying a proxy statement as a certain type of document that is publicly filed with the SEC
Section 230.502 - General conditions to be met
17 C.F.R. § 230.502 Cited 80 times 3 Legal Analyses
Requiring disclosures to "purchasers" of stock who are unaccredited investors

Securities and Exchange Commission v. Alternate Energy Holdings, Inc et al

29 Cited authorities

Holding a magistrate judge may conduct plea colloquies pursuant to Federal Rule of Criminal Procedure 11 if defendant consents

Holding that evidence on a motion to suppress is needed "only when the moving papers allege facts" that "enable the trial court to conclude that contested issues of fact exist"

Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration

Holding that remedial civil contempt does not require proof of criminal intent

Holding that if no objection is made by either party, the Court may assume the correctness of the magistrate judge's proposed findings of fact and decide the motion on the applicable law

Holding that statements of subject intent are irrelevant to the issue of control as a matter of law because "they do not address [the defendant's] power to direct the actions of [the controlled entity] ...."

Finding the "imposition of the burden of proof on an issuer who would plead the [private placement] exemption" to be "fair and reasonable" given the "broadly remedial purposes of federal securities regulation"

Holding that the district court erred in disregarding declarations as “uncorroborated and self-serving”

Holding nominal defendant wife had no legitimate claim to fraudulent proceeds where "she did not even know she had received the stock, that the stock had been sold, or that $500,000 in proceeds had been transferred to her bank account"

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

Requiring registration statement before selling securities

Exempting "transactions by an issuer not involving any public offering"

Filing of audited financial statement prior to registration of new stock issue

Identifying a proxy statement as a certain type of document that is publicly filed with the SEC

Requiring disclosures to "purchasers" of stock who are unaccredited investors