§Why CasetextPricing

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

MEMORANDUM DECISION AND ORDER- It is hereby ordered that the Report andRecommendation entered on 3/13/13

29 Cited authorities

  1. U.S. v. Reyna-Tapia

    328 F.3d 1114 (9th Cir. 2003)   Cited 15,264 times
    Holding a magistrate judge may conduct plea colloquies pursuant to Federal Rule of Criminal Procedure 11 if defendant consents

  2. U.S. v. Howell

    231 F.3d 615 (9th Cir. 2000)   Cited 1,310 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"

  3. Wang v. Masaitis

    416 F.3d 992 (9th Cir. 2005)   Cited 1,064 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"

  4. McComb v. Jacksonville Paper Co.

    336 U.S. 187 (1949)   Cited 999 times   5 Legal Analyses
    Holding that remedial civil contempt does not require proof of criminal intent

  5. Johnson v. Couturier

    572 F.3d 1067 (9th Cir. 2009)   Cited 483 times   3 Legal Analyses
    Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration

  6. Campbell v. United States Dist. Court

    501 F.2d 196 (9th Cir. 1974)   Cited 1,411 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

  7. Secu. Exc. Co. v. Plat. Wire. Inte. Co.

    617 F.3d 1072 (9th Cir. 2010)   Cited 329 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] ...."

  8. S.E. C. v. Ralston Purina Co.

    346 U.S. 119 (1953)   Cited 431 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"

  9. S.E.C. v. PHAN

    500 F.3d 895 (9th Cir. 2007)   Cited 250 times   2 Legal Analyses
    Holding that the district court erred in disregarding declarations as “uncorroborated and self-serving”

  10. Securities and Exchange Comm. v. Cavanagh

    155 F.3d 129 (2d Cir. 1998)   Cited 282 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"

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 503,939 times   39 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"

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 168,061 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

  14. Section 77e - Prohibitions relating to interstate commerce and the mails

    15 U.S.C. § 77e   Cited 1,857 times   25 Legal Analyses
    Requiring registration statement before selling securities

  15. Section 77d - Exempted transactions

    15 U.S.C. § 77d   Cited 467 times   9 Legal Analyses
    Exempting "transactions by an issuer not involving any public offering"

  16. 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

  17. Section 240.14a-3 - Information to be furnished to security holders

    17 C.F.R. § 240.14a-3   Cited 93 times
    Identifying a proxy statement as a certain type of document that is publicly filed with the SEC

  18. Section 230.502 - General conditions to be met

    17 C.F.R. § 230.502   Cited 78 times   3 Legal Analyses
    Requiring disclosures to "purchasers" of stock who are unaccredited investors