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Securities and Exchange Commission v. Downey et al

MOTION for Default Judgment against Paul R Downey

17 Cited authorities

  1. Nishimatsu Constr. Co., v. Houston Nat. Bank

    515 F.2d 1200 (5th Cir. 1975)   Cited 3,384 times
    Holding that "[t]here must be a sufficient basis in the pleadings for" the default judgment entered and that " default judgment is unassailable on the merits but only so far as it is supported by well-pleaded allegations, assumed to be true"

  2. U.S. v. Signed Personal Check No. 730

    615 F.3d 1085 (9th Cir. 2010)   Cited 695 times
    Holding defendant satisfies "meritorious defense" requirement by "alleg[ing] sufficient facts that, if true, would constitute a defense"

  3. TCI Group Life Insurance Plan v. Knoebber

    244 F.3d 691 (9th Cir. 2001)   Cited 952 times
    Holding that the standard for finding prejudice is whether "[plaintiff's] ability to pursue his claim will be hindered"

  4. New York Life Ins. Co. v. Brown

    84 F.3d 137 (5th Cir. 1996)   Cited 963 times
    Holding that participation in telephone conference before magistrate judge constitutes "appearance" for Rule 55 purposes

  5. Franchise Holding II, LLC v. Huntington Restaurants Group, Inc.

    375 F.3d 922 (9th Cir. 2004)   Cited 623 times
    Holding that factual findings on a motion to set aside a default are reviewed for clear error and the decision is reviewed for an abuse of discretion

  6. James v. Frame

    6 F.3d 307 (5th Cir. 1993)   Cited 696 times
    Holding that district court did not abuse its discretion when awarding punitive damages without a hearing

  7. United Artists Corp. v. Freeman

    605 F.2d 854 (5th Cir. 1979)   Cited 810 times
    Holding that a hearing is unnecessary if “the amount claimed is a liquidated sum or one capable of mathematical calculation.”

  8. U.S. for Use of M-Co Const. v. Shipco General

    814 F.2d 1011 (5th Cir. 1987)   Cited 417 times
    Holding that a default judgment is a judgment on the merits conclusively establishing a defendant's liability

  9. Hawaii Carpenters' Trust Funds v. Stone

    794 F.2d 508 (9th Cir. 1986)   Cited 367 times
    Holding that the party in default is required to make some showing of a meritorious defense to demonstrate that the outcome of the suit after a full trial could possibly be contrary to the result achieved by the default

  10. Mason v. Lister

    562 F.2d 343 (5th Cir. 1978)   Cited 335 times
    Rejecting Equal Protection challenge to NASA early retirement program

  11. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 35,232 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,795 times   167 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  13. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,432 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

  14. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,406 times   87 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  15. Section 77t - Injunctions and prosecution of offenses

    15 U.S.C. § 77t   Cited 1,502 times   13 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Securities Act

  16. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,408 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"